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HomeMy WebLinkAboutCouncil Actions 04-21-97 33332 SWAIN ROANOKE CITY CO UNCIL REGULAR SESSION April 21, 1997 12:30p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Member Trout was absent. Recessed at 12:35 p.m., and reconvened at 12:40 p.m., in the Emergency Operations Center Conference Room, Room 159, Municipal Building South. Briefing with regard to the proposed fiscal year 1997-98 Annual Update to the U. S. Department of Housing and Urban Development Consolidated Plan. W. Robert Herbert, City Manager. (30 minutes) Request of Esteile McCadden, President, Melrose/Rugby Neighborhood Forum, for funding to purchase a building to house equipment and to conduct youth activities was referred to the City Manager for further consideration. File #60-165-200-236-304-472 Council Member Swain inquired about the status of existing funds and future funds for Henry Street and the Gainsboro community; whereupon, the matter was referred to the City Manager for response. File #60-132-165-200-236-511 Vice-Mayor Wyatt inquired about five specific agencies that were recommended for funding even though the agencies did not submit a formal request; whereupon, the City Manager was requested to respond prior to the May 5 public hearing. File #60-165-200-236 The Mayor inquired as to whether other local governments in the Roanoke Valley provide funds for community development, housing and homeless programs. File #132-200-236 At 12:55 p.m., the meeting was declared in recess until 2:00 p.m. 2 ROANOKE CITY COUNCIL REGULAR SESSION April 21, 1997 2:00 p.m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order -- Roll Call. AU present. The Invocation was delivered by The Reverend Thomas F. Stocks, Pastor, Rosalind Hills Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. The Mayor recognized former Mayor Bernard Dupuis, Saint-Lo, France, one of Roanoke's five sister cities, and presented him with an Honorary Citizenship Certificate, and a Key to the City. File #80-327 3 e PRESENTATIONS: A communication t~om the Honorable W. Alvin Hudson, Sheriff, advising that the Roanoke City Jail was recently audited by the American Correctional Association (ACA) and the National Commission on Correctional Health Care, resulting in the Jail receiving two national accreditations. On behalf of the Members of Council, the Mayor presented Sheriff Hudson with a Key to the City in recognition of outstanding achievements at the City Jail. File #80-121-12:} THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE IN ROOM 456, MUNICIPAL BUILDING, OR AT 85:}-2541. 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. 4 C-1 A communication fi-om Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #18-110-132 Executive Session. A report of the City Manager requesting that Council convene in Executive Session to discuss a matter regarding an economic development prospect, specifically discussion of a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating its facilities in the community, pursuant to Section 2.1- 344 (A)(5), Code of Virginia (1950), as amended. File 0132-450 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to address Council with regard to permanent pay increases for City of Roanoke retirees. Clarence R. Martin, President, Roanoke City Retirees Association. ( 5 minutes) Remarks of Mr. Martin were referred to 199%98 budget study. The Mayor inquired about benefits received by retirees of other jurisdictions in the Roanoke Valley. Council Member Swain inquired ffthe City's lump sum payments match the standard COLA increases provided for retirees receiving Social Security benefits. File #60-132-429 4. PETITIONS AND COMMUNICATIONS: A communication fi.om Dennis A. Barb#ur, Attorney, representing CEBE Investments, Inc., t/a WXLK-FM, requesting that the City of Roanoke permit CEBE Investments to assign its fights under a certain lease for space in the transmitter building atop Mill Mountain for use for FM translator equipment, to Mel Wheeler, Inc., new owner of WXLK-FM. Adopted Resolution No. 33332-042197. (7-0) File 067-169-262-373-481-448-472 A communication fi.om the Roanoke City School Board requesting appropriation of $32,787.00 fi.om the 1996-97 Capital Maintenance and Equipment Replacement Program fund, for purchase of instructional technology and facilities equipment at Brecldmidge Middle School, and fire suppression kitchen equipment at several schools; and appropriation of $71,073.00 for the 1998 Eisenhower Tire II program funds to provide for activities to improve the skills and knowledge of mathematics, science and technology teachers; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 33333-042197. (7-0) File #60-270-467-472 A communication fi.om Kit B. Kiser, Roanoke City Representative to the Roanoke Valley Resource Authority, recommending approval of the Resource Authority's annual budget for fiscal year 1997-98. Adopted Resolution No. 33334-042197. (7-0) File 060-253 5.' REPORTS OF OFFICERS: a. CITY MANAGER: A report with regard to the City's recommended Resource Allocation Plan for fiscal year 1997-98. (10 minutes) The Fiscal Year 1997-98 Resource Allocation Plan was referred to 1997-98 budget study. The City Manager was authorized to advertise a public hearing to be held on Monday, May 5, 1997, at 7:10 p.m., or as soon thereafter as the matter may be heard, on the question of implementation of a cellular telephone tax. The Mayor requested that the Director of Finance provide figures on the amount of E-911 tax imposed by other local governments in the Roanoke Valley. File #60-79-354-383 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of a contract with Downtown Roanoke, Inc., for management of the City Market. Adopted Resolution No. 33335-042197. (6-0, Council Member Trout was out of the Council Chamber.) File #42-58-60-277 A report recommending adoption of a measure to repeal Chapter 11, Erosion and Sediment Control, and to adopt a new Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended. Adopted Ordinance No. 33336-042197. (%0) File #24-200-356 A report recommending adoption of a Resolution requesting a $100,000.00 grant from the Virginia Soft and Water Conservation Board Flood Prevention and Protection Assistance Fund for the purpose of matching City funding to complete digital topographic 7 and orthophoto mapping of the City of Roanoke; authorization to execute an agreement with the Corps of Engineers to continue the mapping project ff funding is available; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 33337-042197 (7-0) and Resolution No. 33338-042197. (6-0, Vice-Mayor Wyatt was out of the Council Chamber.) File #27-60-159-236-237-251-294-468 A report recommending appropriation of $53,000.00 of proceeds from the sale of 1996 bonds into a Capital Projects Fund account for Kirk Avenue Improvements between Jefferson Street and Market Street. Adopted Budget Ordinance No. 33339-042197. Mayor Wyatt was out of the Council Chamber.) File #53-60-217-277-514 (6-0, Vice- A report recommending award of a contract to Custom Rigging Systems, Inc., in the total amount of $98,027.00, for renovations to the Roanoke Civic Center rigging system; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 33340-042197 (6-0, Vice Mayor Wyatt was out of the Council Chamber) and Ordinance No. 33341-042197. (7-0) File #60-192-270-472 A report recommending the purchase of certain refuse collection equipment from Virginia Truck Center, Inc., in the amount of $84,312.00, and Cavalier Equipment Corporation, in the amount of $37,500.00; and transfer and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 33342-042197 and Resolution No. 33343-042197. (6-0, Mayor Bowers abstained from voting.) File #60-144-270-361-472 A report recommending appropriation of funds from the Capital Maintenance and Equipment Replacement Program to provide for replacement of certain vehicular equipment. Adopted Budget Ordinance No. 33344-042197. (7-0) File #5-20-60-270-361-472 bo CITY ATTORNEY: 1. A report with regard to establishing an amended schedule for election of School Board trustees and public hearings relating thereto. o Adopted Ordinance No. 33345-042197. (7-0) File 024-132-227-467 A report with regard to cost savings realized by City Council's creation of a new half-time Assistant City Attorney position dedicated to representation of the Depa~talent of Social Services. Received and filed. File #72-83 6. REPORTS OF COMMITTEES: A report of the bid committee recommending award of a Inmp sum contract to Crowder Construction Company of Charlotte, N.C., in the amount of $1,865,800.00, for construction of the Tinker Creek Interceptor Connection to the Water Pollution Control Plant; and transfer of funds in connection therewith. Council Member John H. Parrott, Chairperson. Adopted Budget Ordinance No. 33346-042197 and Ordinance No. 33347-042197. (7-0) File #27-60-217 e bo A report of the City Planning Commission with regard to a study on the future of transportation in Western and Southwestern Vir~nia. Gilbert E. Butler, Temporary Chairperson. Concurred in the recommendation of the City Planning Commission. File #9-20-77-99-200-236-316-326-379 UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. A Resolution memorializing the late Reverend Dr. Alfred S. Pmnty. Adopted Resolution No. 33348-042197. (7-0) File #80-367 A Resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, May 5, 1997. Adopted Resolution No. 33349-042197. (7-0) File 0132-178 A Resolution establishing Monday, May 12, 1997, at 6:00 p.m., as a special meeting of the Council of the City of Roanoke for the purpose of adopting the proposed annual budget for the City of Roanoke for fiscal year 1997-98 and related matters, and for the election of three School Board Trustees for three three-year terms of office commencing July 1, 1997. Adopted Resolution No. 33350-042197. (7-0) File 060-79-132-467 l0 A Resolution establishing Monday, May 5, 1997, at 7:00 p.m., as a special meeting of the Council of the City of Roanoke for the purpose of holding a public hearing on the General Fund Budget for Fiscal Year 1997-1998, proposed tax increases and the Annual Update to HUD's Consolidated Plan. Adopted Resolution No. 33351-042197. (7-0) File #60-79-132-178-354 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Member Harris commended Sheriff Hudson for providing the services of inmates from the Roanoke City Jail to assist with cleanup efforts in the City's parks and recreation facilities. Council Member White expressed concern as to how the City's parks and recreation system reached the point where such cleanup/repairs are necessary, and requested a status report from the City Manager. File #67-121-123-132 Council Member Harris inquired about the status of the City's Visioning Workshops; whereupon, the Vice-Mayor advised that work will resume on the project following adoption of the fiscal year 1997- 98 budget in mid-May. File #60-132 Council Member Swain advised that there is a perception by some City employees that qualified African-American employees are not promoted to higher paying City jobs. He further advised that the City needs to develop a strong in-house training program for its employees. The remarks were referred to the City Manager. File #184 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) Dolores Y. Johns was appointed as a member of the Blue Ridge Community Services Board of Directors to fill the unexpired term of Onzlee Ware, resigned, ending December 31, 1998. File #15-110-314-335 Delvis O. McCadden was appointed as member of the Roanoke Valley Greenways Commission for a term of two years ending April 30, 1999; and Lucy Ellett was appointed as a member of the Roanoke Valley Greenways Commission for a term of three years ending April 30, 2000. File #15-110-379 The following persons were nominated for appointment to the Virginia Municipal League Policy Committees: Community and Economic Development and Public Safety James O. Trout Environmental Quality Kit B. Kiser Finance James D. Grisso General Government C. Nelson Harris Human Development and Education Linda F. Wyatt Transportation Carroll E. Swain File #17-132 At 5:15 p.m., the meeting was declared in recess until 7:00 p.m. 12 ROANOKE CITY CO UNCIL REGULAR SESSION April 21, 1997 7:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Ail Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by the Boy Scout Troop 2, Raleigh Court Presbyterian Church. Welcome. Mayor Bowers. gRF_,$Y.2LTAIIi2I~: Proclamation declaring Thursday, May 1, 1997, as Epsilon Sigma Alpha International Day. File #3 13 HEARING OF CITIZENS UPON PUBLIC MATTERS: Request that potbellied pigs be allowed as household pets in the City of Roanoke. Ms. Patricia Earls, Spokesperson. (5 minutes) Received and filed. File #24-54 I~UBLIC HEARINGS: A# Public hearing to receive the views of citizens regarding appointment of Roanoke City School Board Trustees. Candidates for School Board Trustee positions are: Sherrie M. Boone, F. B. Webster Day, Marsha W. Ellis#n, Joann Hamidullah, Sherman P. Lea, and Michael L. Ramsey. Received and filed. File 0467 Public heating on the request of The Daum Charitable Remainder Unitrust for amendment to Section 36.1-690(h), General Authority and Procedure, of Chapter 36.1, g_ollillg, of the Code of the City of Roanoke (1979), as amended, such amendment to provide for the rezoning of land less than two (2) acres to include the CN District, in order to increase development opportunities. Conrad H. Daum, Spokesperson. Adopted Ordinance No. 33352-042197. (7-0) File #24-51 Public hearing on the request of Martin Brothers Contractors, Inc., to permanently vacate, discontinue and close a poffion of 22nd Street, S. W., extending fi:om Patterson Avenue in a northerly direction to the point that 22nd Street was closed, pursuant to Ordinance No. 11803 adopted by the Council of the City of Roanoke on May 15, 1953; and a certain alley extending in an east/west direction between 22nd and 23rd Streets, S. W., located in the middle of Block 54, Map of West End and Riverview. Edward A. Natt, Attorney. Adopted Ordinance No. 33353 on first reading. Member Parrott abstained from voting.) File #514 (6-0, Council 14 Fo Public hearing on the request of Martin Brothers Contractors, Inc., to rezone a tract of land located on the north side of Patterson Avenue, between 22nd and 23rd Streets, S. W., described as Official Tax Nos. 1312411 - 1312416, inclusive, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Edward A. Natt, Attorney. Adopted Ordinance No. 33354 on first reading. Member Parrott abstained from voting.) File 051 (6-0, Council Public hearing on the request of Richard S. Winstead to rezone a tract of land located west of Denniston Avenue, S. W., containing 1.835 acre, more or less, described as Official Tax No. 1330606, from RM-2, Residential Multi-family, Medium Density District, and CN, Neighborhood Commercial District, to C-l, Office District, subject to certain conditions proffered by the petitioner. Edward A. Natt, Attorney. Withdrawn by the petitioner. Public heating on the request of Springwood Associates for amendment to the proffered conditions for rezoning of a certain 13.81-acre tract of land located on the north end of Griffin Road, adjacent to the east side of Franklin Road, S. W., and U.S. Route 220, identified as Official Tax No. 5480712, previously approved by the Council of the City of Roanoke, pursuant to Ordinance No. 32867-040196 adopted on April 1, 1996. Edward A. Natt, Attorney. Adopted Ordinance No. 33355 on first reading. (7-0) File 051-514 Public hearing on the request of the City of Roanoke for amendment to the Housing and Historic and Cultural Resources components of the Official Comprehensive Plan for the City of Roanoke, an element of KoltagJl~ta, to recognize the following conservation district neighborhoods as having unique architectural value or historic value and to consider same for neighborhood design district designation: Belmont, Gainsboro, Gilmer, Harrison, Highland Park, and Hurt Park; and to recognize the following rehabilitation district neighborhoods as having unique architectural value or historic value and to consider same for neighborhood design dislrict designation: Fallen Park, Kenwood, Loudon, Melrose, and Morningside. John R. Marlles, Agent, City planning Commission. Adopted Resolution No. 33356-042197. (7-0) File//51-178-200-216-488 Ho Public hearing on the request of the City Planning Commission for an endorsement to the Roanoke Valley Conceptual Greenways Plan, and amendment to the Official Comprehensive Plan for Roanoke, an element of Pa~all~ail~ to include such plan. John R. Marlles, Agent, City Planning Commission. Adopted Resolution No. 33357-042197. (7-0) File #200-379 Public hearing on the request of the City of Roanoke to permanently vacate, discontinue and close a certain portion of First Street, N. W., situated between its intersection with Wells Avenue, N. W., and its intersection with Gilmer Avenue, N. W., and a certain section of the Second Street/Gainsboro Road right-of-way adjacent to First Baptist Church on North Jefferson Street. W. Robert Herbert, City Manager. Adopted Ordinance No. 33358 on first reading. Member White was out of the Council Chamber.) File #215-514 (6-0, Council Public hearing on the request of the City of Roanoke for a proposed amendment to the Code of the City of Roanoke (1979), as amended, by adding a new Chapter 11.2, Storm Water Management, to provide for the regulation and management of storm water runoff from all lands and properties within the City. W. Robert Herbert, City Manager. Adopted Ordinance No. 33359-042197. (7-0) File #24-27-251-468 Public hearing on the request of Faison Realty Equities, Inc., and William Hunt Staples, et al, to rezone a one acre+ and a 40.74+ acre tract of land, containing 72+ acres bounded by Interstate 581, Wal-Mart, Round Hill Elementary School, Roanoke Area Association for Retarded Children, Inc., and properties adjacent to Huff Lane, N. W., described as Official Tax Nos. 2250103 and 2250101, fi:om LM, Light Manufacturing District, and RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. James F. Douthat and T. L. PlunkeR, Jr., Attorneys. Adopted Ordinance No. 33360 on first reading. (7-0) File #51-77-46%514 Public heating on the request of Roanoke Area Association for Retarded Children, Inc., to rezone a 8.769+-acre tract of land located on the west side of Oakland Boulevard, N. W., described as Official Tax No. 2250105, fi:om RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Edward A. Natt, Attorney. Adopted Ordinance No. 33361 on first reading. (7-0) File 051 CITY MANAGER- BRIEFINGS: A report with regard to the Roanoke Railwalk and Virginia Museum of Transportation upgrade. Received and ~ed. File #229-392 B. Other Hearing of Citizens. None. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk April 25, 1997 File *~60-165-200-236-304-472 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, Estelle McCadden, President, Melrose/Rugby Neighborhood Forum, addressed Council with regard to the proposed fiscal year 1997-98 Annual Update, to the U. S. Department of Housing and Urban Development Consolidated Plan. She requested funds to purchase a building to house equipment and to conduct youth activities. The request was referred to you for further consideration. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor Rose M. Woodford, Executive Secretary, City Manager's Office Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File f/60-132-165-200-236-511 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, Council Member Swain inquired as to the status of existing funds and future funds for Henry Street and the Gainsboro community. The inquiry was referred to you for response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Rose M. Woodford, Executive Secretary, City Manager's Office Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File f~60-165-200-236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, Vice-Mayor Wyatt inquired about five specific agencies that were recommended for funding through the U. S. Department of Housing and Urban Development Consolidated Plan, even though the agencies did not submit formal requests. You were requested to respond prior to the May 5 public hearing on the Annual Update to the Consolidated Plan. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor Rose M. Woodford, Executive Secretary, City Manager's Office Mary F. Parker, CMC/AAE C~ty Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File #132-200.236 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, the Mayor inquired as to whether other local governments in the Roanoke Valley provide funds for community development, housing and homeless programs. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor Rose M. Woodford, Executive Secretary, City Manager's Office Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Roanoke, Virginia April 21, 1997 97-11 Subject: II. Briefing on the Proposed Fiscal Year 1997-98 Annual Update to HUD's Consolidated Plan The U.S. Deoartment of Housino and Urban Development (HUD) requires that entitlement localities, like Roanoke, submit a Consolidated Plan as a condition of receiving funding for several federal community development, housing and homeless programs. The federal programs include the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME). City of Roanoke receives annual formula orant$ from the U.S. Department of Housing and Urban Development (HUD) based on a formula, which considers age of housing, poverty levels and other "distress" factors. The amount of these HUD formula grants is closely related to how much the U.S. Congress appropriates nationwide, rather than anything that Roanoke does. Ao HUD has informed the City that its overall entitlement will be ~ for the City's fiscal year 1997-98, a decrease of $42.000 or 1.5% below FY 96 funding. Additionally, revenue is estimated to be available from the following sources for FY 1997-98: $500.849 estimated Drooram income generated from CDBG and HOME projects, and $565.627 is estimated to be available for transfer/carry-over from prior grant entitlement years, which is available for Honorable Mayor and Members of City Council Page 2 continuing projects. o Therefore $3.787.476 is estimated to be available overall in entitlement, program income and available transfer/carry-over funds. These funds will levera_oe an estimated ~ in additional monies from federal, state, local and private sources, for a total program scope of 5.~. ~ were conducted on January 14 and March 27, 1997, in order to obtain citizens' recommendations and to identify community needs for the coming years, and to present the first draft of the 1997-98 Annual Update to HUD's Consolidated Plan. (See Attachment C for Citizens' Comments from Public Meeting held on March 27, 1997). Public hearina comments from the January 14 workshop were that citizens are concerned about activities such as human services, housing, economic development, homeless and neighborhood and community development. ~ responded to one of the five categories listed in the Consolidated Plan and was reviewed by committees with specific expertise. Certain elements were used to rank each proposal. Some of the factors considered were; Suitability of design compared to goals in the Consolidated Plan and citizens priorities. Feasibility of the project costs, objective(s) and attainability Leveraged or matching funds offered Program income generated by project Past performance and experience Project staffing compared to direct benefits III. Pr m ' iv - Eight (8) new and forty-seven (47) previously-funded projects are recommended. Fifteen (15) are not recommended for any funding. (See Attachment A for HUD Funding Recommendations and Attachment B for Summaries of Projects). Honorable Mayor and Members of City Council Page 3 With 55 individual projects and activities funded in whole or in part with CDBG or HOME funds, the proposed FY 1997 program has been designed to address the following needs: housing, economic development, human services, neighborhood/community development, homeless services and administration/planning. With respect to the CDBG requirement that 70% of the funds benefit Iow/mod income individuals, the proposed CDBG budget exceeds the minimum requirement by 14%. IV. Conclusior~: The Annual Update to HUD's Consolidated Plan is responsive to the stated concerns of the citizens of Roanoke, and meets the regulatory requirements of HUD. It provides for housing improvements, homeless activities, activities for youth, business development, the creation of new job opportunities, human services, the strengthening of our neighborhood organizations and adequate administrative oversight for the entire program. It will allow us to build upon the successes of the past and to meet some urgent critical needs. On May 5. 1997, City Council has scheduled an evenino oublic hearing tn receive citizens' comments. On May 12. 1997, City Council will reeuested to authorize the City Manager to submit an approved 1997-1998 Annual Update to HUD's Consolidated Plan to the Richmond Office of the U. S. Department of Housing and Urban Development for their review and approval. Respectfully submitted, W. Robert Herbert City Manager WRH/vst Attachment Honorable Mayor and Members of City Council Page 4 CC.' Assistant City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Director of Human Development Director of Public Safety Economic Development Specialist Chief of Planning and Community Development Building Commissioner City Engineer Administrator FDETC Assistant to the City Manager for Community Relations Office of Grants Compliance Budget Administrator 1997/98 HUD Funding Recommendation Attachment A Page 1 of 2 Project Name I Agency II Requested Recommended HUMAN SERVICES: 698,772 256,063 ~.dven for Kids/Vol Leadership Corem Ed Dept 20,125 7,400 Apple Ridge Programs Apple Ridge Farm 36,500 18,000 Arts in the Park Arts Council 22,000 0 Business Training Initiative FDETC 32,000 15,000 Citywide Youth Center Project West End Ctr 163,943 17,300 Citywide Youth Center Project YMCA Family Ctr ~ 11,700 Custom Training Program TAP 49,761 17,800 Drug/Alcohol Council Human Dev Dept 5,000 3,300 Empower Individuals w/Disabilities ~R Ind Living Ctr 25,000 4,163 -Iomemaker/Parent Aide Soc. Services 19,203 0 .~ob Trng Camp/Internship Office on Youth 46,788 30,000 ~lurturlng Parent Program Comm Ed Dept 2,390 0 3peration Bootstrap FDETC 9,687 6,200 Opportunity Knocks FDETC 21,447 11,000 Project HOPE Day Care Junior League 17,569 12,500 Pregnant Teen/Teen Parent Soc. Services 23,093 16,000 Recove~ Program On Our Own 4,175 0 Resource Mothers Health Dept 35,662 17,000 Rke City Boxing Association RCBA 60,843 50,700 Scouting Early Leads to the Future Skyline Girl Scouts 21,614 8,000 Teen Outreach Pro-~, 4.. Family Services 1,500 0 YMCA Yth Achievers/Drop-In * YMCA Family Ctr 56,472 0 YVVCA Youth Club !Y~NCA. 24,000 10,000 · This proposal was not considered separately since it was also included in the Cltywide Youth Center dOUSING: 2,955,799 1,484,486 3ode Enforcement HDO 158,141 137,000 Community Assisted Revitalization BR Hsg Devel Corp 227,500 105,000 Consolidated Rehab Loans Program RRHA 700,000 252,922 Contingency for Cost Overruns Grants Compliance 0 40,000 Critical Assistance Repair for Elderly RRHA 125,000 90,000 Demolition Bldg Dept 250,000 100,000 Down Pmt/Closing Cost-RRHA Prog RRHA 31,500 25,000 Elm Avenue Revitalization HDO/RRHA 300,000 100,000 Empower Individuals w/Disabilities BR Ind Living Ctr 45,000 20,000 Enterprise Zone Rehab ~RHA 100,000 100,000 :aJrfax Avenue Acquisition ~INEO 17,425 17,000 :amily Seeds Rebuild Black Comm 50,000 0 HOP Subsidy Program RRHA 60,000 30,0~3 Historic G'boro Comprehensive Revital Planning Dept 50,000 0 Historic Gainsboro Rehab RRHA 100,000 100,000 Homeownership Counseling RRHA 25,000 0 Homeownership Seminars RRHA 5,300 0 Operation Paintbrush RNP/RRHA 77,186 36,881 Property Ma~i~zance RRHA 20,000 10,000 :~uick Response to Emergencies RRHA 75,000 40,000 ::{RHA Housing Projects Support RRHA 379,747 268,620 Vacant House Program ~RHA 123,000 0 Vacant Lot Homesteading HDO 36.000 12,000 1997/98 HUD Funding Recommendation Attachment A · Pa~e 2 of 2 Project Name I Agency Requested Recommended HOMELESS: 118,800 65,042 --mergancy Assistance Fund Soc. Services 60,000 42,706 -~OME Security Deposits Dir. Human Develop 12,500 5,336 rAP Transitional Living Center TAP 46,300 17,000 NEIGHBORHOOD/ECONOMIC DEVELOPMENT: 643,165 520,400 ~nd St/Gilmer Ave NW Project City Engineering 73,000 73,000 ~rts in the Park Arts Council 13,465 0 ~usiness Training Initiative FDETC 20,400 20,400 Downtown Historic Facade Grants Planning Dept 50,000 40,000 --con Dev Investment Fund Econ Dev Dept 200,000 200,000 ;raffiti Abatement :iNP 2,000 2,000 -listoric G'boro Comprehensive Revital Planning Dept 100,000 80,000 VIcClanahan Cemetery Rke Preserv Found 16,000 0 Vlalrose-Rugby Center M-R Neighbrhd Forum 38,300 0 Mini-Grants XVII :~NP 10,000 10,000 ~leighborhood Business Devel Prog BR Sm Bus Dev Ctr 20,000 10,000 ~leighborhood Development Grants RNP 20,000 20,000 :IRHA Econ Development Support RRHA 0 20,000 Small Business Incubator Chamber of Comm 45,000 45,000 Nashington Park Equipment Parks & Rec 20,000 0 Nest End Park Equipment ~arks & Rec 15,000 0 ~,DMINISTRATION & PLANNING: 639,569 535,078 3R Hsg Oev Corp Operating Funds BR Hsg Devel Corp 19,250 10,000 Gainsboro Neighborhood Plan Planning Dept 50,000 0 HDO General Admin HDO 49,861 46,000 Historic Survey/Belmont Planning Dept 5,000 5,000 CDBG Support Costs Finance Dept 0 43,495 NNEO Operating Funds NNEO 25,000 20,000 OGC General Admin OGC 250,979 250,900 RNP General Admin * RNP 162,743 93,000 RNP Neighborhood Plan :INP 3,000 500 RRHA General Admin RRHA 73,736 66,183 · Total RNP funding is $136,995-surn of 'General Admin' and "Neighborhood Plan' plus General Funds. OTHER: 0 926,407 Hotel Roanoke 108 Loan Finance Dept/RRHA 0 556,156 Gainsboro Professional Park II Planning Dept est carry-over 100,000 W Va Revolving Loan Fund SW Va Corn Dev Fnd est carry-over 13,251 Micro Business Loan Program SW Va Corn Dev Fnd est carry-over 35,000 Perry Park Project Habitat for Humanity est carry-over 62,000 Henry St Revitalization RRHA est carry-over 140,000 Gainsboro Land Use Plan 96/97 :[RHA est carry-over 20,000 GRAND TOTALS 5,056,105 3,787,476 AVAILABLE 3,787,476 Attachment B DRAFT ANNUAL UPDATE - PROJECT SUMMARIES The following represents the projects to be included in the 1997-98 Annual Plan. The projects are listed in alphabetical order according to the five categories listed in the Consolidated Plan. Human Services Housing Homeless Services Neighborhood and Economic Development Administration and Planning Other Summaries Page 1 Page 4 Page 7 Page 8 Page10 Page 11 "Human Services" Proposal Recommended for Funding Summaries Adventures for KidsNolunteer Leadershio Program - (Roanoke City Community Education) to provide experiential and classroom training in group leadership skills for parents/adults. Topics will be some of the following: conflict resolution, communication skills, CPR/First Aid, and group management techniques. Leaders will then provide assistance with the Adventures for Kids Program. ADole Ridge Programs - (Apple Ridge Farm, Inc.) to support summer day camp sessions at Apple Ridge Farm serving Iow to moderate income youth, ages 6 to 16, who primarily live in Roanoke City's public housing developments. Twenty outstanding campers will continue to participate in a school-year follow-up program. The objectives of these programs are to increase environmental awareness, social growth and hands- on participation, and to expose children to social situations which require both cooperation and individual responsibility. Business Trainina Initiative - (FDETC) to provide employability development training sessions for Iow to moderate income individuals. These sessions cover topics such as interview skills and resume development for graduates of Job Training courses or other appropriate referrals. Citvwide Youth Center Program - (West End Center for Youth) to allow the West End Center for Youth and the YMCA Family Branch to accept additional youth into their outreach programs and to help both the St. John's Episcopal Church and the Presbyterian Community Center establish and begin to operate youth programs in census tracts 12, 13, and 14. Page I Attachment B Custom Job Training - (TAP) to help funds TAP's Customized Training Program which will provide economically disadvantaged adults with hands-on technical skills training. Students are given the opportunity to intern in participating businesses, and their training is tailored to meet the needs of the businesses. Drug/Alcohol Council - (Roanoke Valley Drug and Alcohol Abuse Council) The Council addresses the prevention, enforcement and treatment related to substance abuse. CDBG funds will be used to support the Council in meeting their goals and objectives. Empowerina Individuals with Disabilities - (Blue Ridge Independent Living Center) for financial assistance to eligible individuals with disabilities to purchase assistive devices needed for daily living. Please note, this activity was also reviewed under the Housing catagory as a portion of the proposal requested funds for housing rehab/modifications. Job Trainina/Internship Program - (Roanoke City Office on Youth) to provide classroom training for youth 12-16 years of age so that they may be exposed to the world of work. Also, to provide high school and college students the opportunity to have on-the-job training working with the Summer Food Service Program. Operation Bootstrap - (FDETC) - to provide assistance to the applicants in need of housing and case management services in conjunction with training for employment. This project is a comprehensive approach to addressing the barriers to economically self-sufficiency that are encountered by many unemployed and underemployed individuals. Opportunity Knocks - (FDETC) - to provide assistance to young people between the ages of 18 and 24 to gain practical work experience and participate in appropriate education and training activities while carrying out community services projects. Proiect HOPE - (Junior League of Roanoke Valley) to provide support for Hurt Park families through a licensed after-school day care program. Preanant Teen/Teen Parent - (Roanoke City Department of Social Services) to provide funding to provide intervention services to ensure healthy mothers and babies; to delay subsequent pregnancies; to complete school/training and gain employment; to reduce involvement with Child Protective Services; to improve teen self-esteem; and to learn appropriate parenting and independent living skills. Resource Mothers (Roanoke City Health Department) to provide funding for the Resource Mothers Program aimed to reducing the 32% repeat pregnancy rate among teens in the City to the current program level of less than 3%. It additionally seeks to maintain the reduction of Iow birth weight babies born to teens in Roanoke City at its current level of 5%. Page 2 Attachment B Roanoke City Boxina Association Program - (Roanoke City Boxing Association, Inc.) to continue to provide 2nd year support for the start-up of a youth program targeting the inner-city youth. The youth will receive assistance with direction, discipline and goals while developing physical fitness and character building skills. This program is located in the Victory Gym, located beneath Victory Stadium. Scoutina Early Leads to the Future ('SELF~ - (Virginia Skyline Girl Scout Council) to expand the SELF program to include at risk girls ages 5-17 from the Melrose/Rugby neighborhood, the Rescue Mission and Transitional Living Center. These girls will learn leadership skills, culture, community services and the importance of self-esteem. YVVCA Youth Clubs - (YWCA of Roanoke Valley) to support year-round activities targeted to pre-teen and teen women, of which 80% will be from Iow to moderate income families. Activities will include family life education, substance abuse education, career education, community awareness, community board participation training, daily swimming lessons, participatory sports, arts and crafts, and weekly field trips. Young women will develop team work skills by planning activities, and executing those plans. "Human Services" Proposals Not Recommended for Funding Summaries Arts in the Park - (The Art Council of the Blue Ridge) to foster creativity and build self esteem by providing hands on experiences with performing and visual arts. These funds were requested to cover costs for the artists and performers fees, who would come to the Hurt Park community and perform, arts and educational supplies, printing & postage. Please note, this activity was also reviewed by the Neighborhood and Economic Development Committee, since a portion of the proposal requested funds for the construction of an amphitheater and the purchase of equipment. HomemakedParent Aide - (Department of Social Services) to provide in-home intervention, education, and support to families at risk of child abuse and neglect. Nurturina Parent Proaram - (Roanoke City Community Education) to provide services to families which will include parenting education classes and instruction in communication skills, anger management, decision making skills and conflict resolution. Recovery_ Program - (On Our Own of Roanoke Valley) - to provide mental health consumers with motivational, life planning, and pre-vocational skills to empower Iow income individuals to function as able persons with disabilities. Page 3 Attachment B Teen Outreach Proaram (TOP) -(Family Services of Roanoke Valley) to be used as a local matching funds required to obtain state funding. Funds will assist TOP in meeting a vital need in the community by impacting Roanoke's future workforce by preventing the unproductive choices that threaten the social and economic welfare of all city residents. "Housing" Proposals Recommended for Funding Summaries Community Assisted Revitalization Effort (C.A.R.E.) - (Blue Ridge Housing Development Corporation) to help stabilize the Historic Gainsboro and Southeast neighborhoods through new home construction, major rehabilitation of owner-occupied homes, critical repair/improvements to owner-occupied homes, and providing home buyer education and counseling. (The recommendation would fund only the new construction. In addition, $10,000 in HOME/CHDO operating funds is being recommended under the "Admin/Operating and Planning" category.) Critical Assistance Repair for the Elderly (C.A.R.E.) - (Roanoke Redevelopment and Housing Authority and League of Older Americans) to provide grants to very-low- income, at-risk and frail elderly homeowners for non-cosmetic repairs of dangerous housing conditions, including emergency repairs, and to assess additional needs of these homeowners. Code Enforcement - (Housing Development Office) to eliminate and prevent substandard buildings, especially housing, in targeted areas of the City. Funds will be used for salaries and fringe benefits for three building inspectors, one full-time secretary, and two-thirds of another secretary, and related materials and supplies needed in the process of enforcing the Building Maintenance Code and conducting the rental inspections program. The full-time secretary is a new position. (The recommendation would not fund the new position.) Consolidated Rehab Loan Program - (Roanoke Redevelopment and Housing Authority) to provide eligible home or rental property owners in Conservation Areas, Rehabilitation Districts and Enterprise Zones affordable housing rehabilitation through a combination of financing options including active or deferred loans or grants. Demolition - (Building Department) to demolish vacant, condemned buildings that are in an advanced state of deterioration and which are either in danger of collapse or failure, or for which rehabilitation is not feasible, and whose owners have failed to abate the unsafe conditions as ordered under the Virginia Building Maintenance Code. Page 4 Attachment B Downoayment/Closing Costs Assistance for RRHA HomeownershiD Programs - (Roanoke Redevelopment and Housing Authority) to provide grants to assist families in purchasing homes through such Authority programs as: (1) The Homeownership Opportunities Program, and (2) Enterprise Homeownership Program. Elm Avenue Revitalization - (Housing Development Office) to provide loans for renovation, including facade improvements, of substandard owner-occupied and rental housing and commercial properties within the Elm Avenue, SW, corridor extending from Jefferson Street to Fifth Street, SW. (The Housing Authority would be asked to operate this program. The recommendation would fund only rental rehabilitation as a targeted set-aside under the Consolidated Rehab Loans Program.) Emoowering Individuals With Disabilities - (Blue Ridge Independent Living Center) to assist individuals with disabilities to live as independently as possible within their own homes and community by providing home rehab/modifications such as the installation of ramps and grab bars, and the purchase of assistive devices or aids to daily living. Please note, this activity was also reviewed by the Human Services Committee as a portion of the proposal requested funds for assistive devices. Entemrise Zone Rehab Program - (Roanoke Redevelopment and Housing Authority) to provide eligible home or rental property owners in the Enterprise Zones affordable housing rehabilitation financing through active or deferred loans or grants. (This program would be a targeted set-aside within the Consolidated Rehab Loans Program.) Historic Gainsboro Rehab Prooram - (Roanoke Redevelopment and Housing Authority) to provide eligible home or rental property owners in the Historic Gainsboro area affordable housing rehabilitation financing through active or deferred loans or grants. Special efforts will be made to encourage and assist the sale of vacant homes to buyers who will rehabilitate and occupy them. (This program would be a targeted set-aside within the Consolidated Rehab Loans Program. It would also be coordinated with the Historic Gainsboro Preservation District resident initiative.) HOP Subsidy Program - (Roanoke Redevelopment and Housing Authority) to subsidize the construction of new housing under the Authority's "Homeownership Opportunities Program" (HOP) and avoid depletion of the HOP funds due to project costs exceeding sales prices. NNEO Acquisition - (Northwest Neighborhood Environmental Organization) to provide for the acquisition of a vacant house located at 1011 Fair[ax Avenue to be rehabilitated at a later date and to provide funds for staffing and other costs necessary for the operation of this CHDO. (In addition, $20,000 in HOME/CHDO operating funds is being recommended under the "Admin/Operating and Planning" category.) Page 5 Attachment B O0eration Paintbrush - (Roanoke Neighborhood Partnership/Roanoke Redevelopment and Housing Authority) to improve the appearance of neighborhoods through exterior painting or siding and minor repairs to homes of eligible residents who are physically or financially unable to maintain their properties. Prooerty Maintenance - (Roanoke Redevelopment and Housing Authority) to provide for maintenance activities including mowing, weed and tree removal, trash removal, and dumping fees regarding approximately 175 parcels of land acquired by the Authority at the request of the City under the urban renewal and CDBG programs. Quick ResDonse to Ememencies - (Roanoke Redevelopment and Housing Authority) to provide assistance to eligible homeowners with the repair of very serious and possibly life threatening emergencies such as burst plumbing lines and inoperable furnaces; where appropriate, the program may also assist with limited repairs for recipients of previous housing programs. Vacant Lot Homesteading - (Housing Development Office) to reimburse non-profit or for-profit agents building new houses on vacant lots in older areas of the City up to $4,000 per lot for such expenses as the purchase price of the lot, site preparation costs, permit fees, utility connection fees, and costs of buying or selling the property; funds may also be used to assist buyers of houses that have been renovated for sale to Iow- and-moderate-income home buyers. "Housing" Proposals Not Recommended for Funding Summaries Family Seeds: An aooroach to Community Revitalization - (Rebuilding Black Communities) to acquire, repair and re-sell to eligible home buyers one or two existing houses in the Northwest section of the City; to develop and implement a financial planning educational activity; and to develop and implement a revolving fund financial program to support the home buying activities. Historic Gainsboro Comorehensive Neighborhood Revitalization Strategy - (Department of Planning & Community Development) to provide for vacant property assembly or acquisition in the two-block historic area, as part of the development of a "Comprehensive Neighborhood Revitalization Strategy" which would include infrastructure improvements and financial assistance to neighborhood businesses. (The infrastructure and commercial aspects of this proposal were considered separately by the Neighborhood/Economic Development review committee.) Page 6 Attachment B Homeownership Counseling - (Roanoke Redevelopment and Housing Authority) to provide one on one counseling to City residents, including Assisted Housing Residents, regarding such homeownership issues as budgeting, credit repair and debt reduction, with the goal of increasing the number of homeowners, particularly Iow- and moderate-income, first-time buyers. Homeownershk) Seminars - (Roanoke Redevelopment and Housing Authority) to provide six homeownership seminars, covering such topics as landscaping and yard maintenance, preventive maintenance and housekeeping, budgeting, and banking, in connection with the Authority's and NNEO's homeownership programs. Vacant House Homeownership Proqram - (Roanoke Neighborhood Partnership/Roanoke Redevelopment and Housing Authority) to increase homeownership while reducing the number of vacant structures by identifying, purchasing, rehabilitating and re-selling to eligible first-time home buyers vacant structures referred by the Neighborhood Groups. "Homeless" Proposals Recommended for Funding Summaries Emergency Assistance Fund - (The Roanoke City Department of Social Services) Funding provides immediate assistance to Iow-income City residents to prevent emergencies such as evictions and termination of utility services. Individuals and families served through this program are at risk of losing their housing and family stability. These funds are only utilized if no other resources are available. HOME Security Deposits - (The Roanoke City Department of Social Services) Funding provides for security deposits for Iow to moderate income City residents to assist them to secure permanent housing. Program will compliment other Homeless Assistance programs such as the City's Emergency Assistance Program "Home at Last" and the Shelter Plus Care Program. Transitional Livino Center (TLC) Emergency Repair Program - (Total Action Against Poverty) Funding will assist TLC in making necessary and cdtical emergency repairs to the facility. The TLC has space for up to seventy-five persons and combines long-term supportive housing and comprehensive case management services to enable homeless families and individuals to become self-supporting. Page 7 Attachment B "Neighborhood and Economic Development" Proposals Recommended for Funding Summaries Downtown Historic Facade Improvement Grants - (City Planning & Community Development) to provide matching grant assistance for exterior improvements to five properties in the downtown historic district. This program continues the City's commitment to downtown revitalization and encourages the preservation and rehabilitation of historically significant structures by providing a financial incentive. Economic Develooment Investment Fund - (Office of Economic Development) to help businesses seeking to redevelop commercial properties located within the Downtown Service District. The City would make investments in the renovation of blighted structures and help to create jobs and/or housing in those areas designated as historic districts. Business Trainino Initiative - (FDETC) to work with eight local businesses to assist them in identifying the occupational skills needed by employees to effectively perform their jobs. FDETC will provide the requisite training, as identified during the skills assessment process, for job applicants and/or incumbent workers. Graffiti Abatement - (Roanoke Neighborhood Partnership) Suppling neighborhood organizations with the resources to do community graffiti clean up. The program will allow neighborhoods to help maintain their quality of living by removing graffiti from private property where the city cannot operate. Historic Gainsboro Comorehensive Nei(~hborhood Revitalization Strategy (City Planning & Community Development) Phase I of revitalization strategy for Historic Gainsboro. The request would provide for infrastructure improvements, vacant property assembly or acquisition, and financial assistance to neighborhood businesses for the targeted area. Mini-Grants XVII - (Roanoke Neighborhood Partnership) The Mini-grant program will provide 12 grants of up to $1,500 to member neighborhood organizations. Funds will be combined with 20% neighborhood matching funds to complete a variety of projects. CDBG funds will be used in neighborhoods that are eligible for such funding. Neiahborhood Business Development Program - (Blue Ridge Small Business Development Center) The Neighborhood Business Development project will target specific neighborhoods in the City which are economically disadvantaged and which contain residents of Iow to moderate income. The project will enable businesses in these neighborhoods to survive, grow and create employment. An important element of the program, is that it will be performed in collaboration with the T^P's Entrepreneurial Training Program, Rebuilding Black Communities, and the local chapter of the NAACP. The project Page 8 Attachment B will provide business counseling and business training to persons and businesses located in the targeted area. Neiahborhood Development Grants - (Roanoke Neighborhood Neighborhood Development Grant program will provide grants organizations for projects between $1,875 and $10,000. Partnership) The to neighborhood Small Business Incubator - (Roanoke Regional Chamber of Commerce) The project provides for the operation of a Small Business Incubator in the City of Roanoke by a non- profit corporation. The incubator is housed in a 29,000 square foot building which, at full capacity, could be utilized by as many as 14-20 companies. Shared business services as well as ongoing business counseling, is provided to all businesses located in the Small Business Incubator. Three-member Advisory Teams are assigned to each tenant to serve as mentors and to share knowledge and experiences to guide the tenant's success. As a business graduates and moves out of the incubator and into their own free standing space, new companies will take their place. Site and Facade Improvements Second Street/Gilmer Avenue (Office of City Engineer) Site improvements to a tract of property located at the northeast corner of the intersection of Second Street and Gilmer Avenue, NE. The site improvements will consist of the development of a 10 to 12-space parking lot and its connection with Gainsboro Road, new sidewalks, steps, drainage improvements, and related landscaping enhancements, and the provision of new sidewalk, curb and gutter on Gainsboro Road. In addition, the grant will make possible, proposed facade improvements to the existing Lawson building which fronts the subject property. "Neighborhood and Economic Development" Proposals Not Recommended for Funding Summaries Arts in the Park - (The Arts Council of the Blue Ridge) To foster creativity and build self esteem by providing hands on experiences with performing and visual artists. Build an amphitheater; furnish sound equipment for performances and (other Hurt Park functions); Enroll 30 children in the After School Arts Program (ASAP); Develop a method for mentor ship involvement of students from Fleming Magnet Arts Program to work with ASAP students; Hold at least five free public performances. McClanahan Cemetery_ Preservation & Stabilization - (Roanoke Valley Preservation Foundation) Restore and preserve the historic McCianahan Cemetery at 24th Street and Salem Turnpike, NW. Funds would be used to refurbish the cemetery and improve its access, identify and mark graves (3 known), restore the wall, replace an historic marker, and landscape for visitors. Page 9 Attachment B Melrose/Rugby Neighborhood Forum - (Melrose/Rugby Neighborhood Forum) The Melrose/Rugby Neighborhood Forum was organized in May 1989 with the idea of making a difference in part of the north west quadrant of the City, with the slogan "Working Toward Change." A building is of essence in helping to accomplish the goal. Funds would be used to purchase and renovate a building. The structure would provide a place for an office, meetings and community center. This would serve as the focal point in working toward the goal. Washington Park Play EouiDment (City Parks & Recreation) to replace existing wood play equipment with new powder coated metal equipment with handicapped accessibility. Replace existing sand surfacing with new wood fiber playground surface material. The activity and related costs include the complete removal of the existing equipment and surface materials along with the purchase and installation of the new equipment and surface materials. West End Park Play Eouipment (City Parks & Recreation) Replace existing wood play equipment with new powder coated metal equipment with handicapped accessibility. Replace existing sand surfacing with new wood fiber playground surface material. The activity and related costs include the complete removal of the existing equipment and surface materials along with the purchase and installation of the new equipment and surface materials. "Administration/Operating and Planning" Proposals Recommended for Funding Summaries Blue Ridoe Housing Develooment Corporation - (The Blue Ridge Housing Development Corporation) for support of their CHDO's operating expenses. CDBG SUDDOrt Costs - (The Office of Grants Compliance, in coordination with the Department of Finance and the Office of Management and Budget) to provide reimbursement to the City of Roanoke for costs incurred by other departments in support of CDBG funded activities. Historic Survey/Belmont - (The Roanoke City Department of Planning & Community Development) to provide a match of $5,000 in state funds for a survey of historic properties on the Belmont neighborhood of Southeast Roanoke. Page 10 Attachment B Housina Development Office (The Housing Development Office) to provide administration of the Housing Development Office, excluding expenses relating directly to Code Enforcement. Included are salaries, fringes and related expenses for the Housing Development Technician and one-third Secretary. Also other support expenses of the entire office including the Housing Development Coordinator. NNEO ODeratina Costs - (Northwest Neighborhood Environmental Organization) for support of their CHDO's operating expenses. Office of Grants ComDliance - (The Office of Grants Compliance) for costs associated with the administration of all HUD Entitlement Grants received by the City of Roanoke. Roanoke Neiahborhood Partnership - (The Roanoke Neighborhood Partnership) for the CDBG associated costs with the support of the City Council appointed Steering Committee, 25 neighborhood development and improvement projects and three business associations. RRHA General Administration - (The RRHA) for administrative support of their agency. "Administration/Operating and Planning" Proposals Not Recommended for Funding Summaries Gainsboro Nei(~hborhood Plan - (Roanoke City Department of Planning and Community Development) to develop a Gainsboro Neighborhood Plan over a series of four to five workshops. These workshops will focus on citizen comment and discussion on topics such as housing, land use, zoning, community services, business development transportation, schools and youth. To cover costs for a Consultant, mailings/advertisements, printing and materials & supplies. Other Summaries Hotel Roanoke 108 Loan Payment - (Roanoke City Department of Finance and the RRHA) to pay principal and interest for the Hotel Roanoke Section 108 Loan of $6,000,000. The Loan was for the renovations of the Hotel Roanoke. With the re-opening of the Hotel Roanoke, 300 jobs were to be created, with 70 % of the jobs to be filled by Iow to moderate income persons. As of October, 1995, 368 jobs were created, of which 216 were filled by Iow to moderate income persons. Page 11 Attachment B Gainsboro Professional Park II - (Roanoke City Department of Planning and Community Development and the Roanoke Redevelopment and Housing Authority) to continue to provide assistance with the rehabilitation of one vacant structure located at 124 Wells Avenue, NW. Western Virainia Revolvina Loan Fund - (Southwest Virginia Community Development Fund) will assist in the creation and retention of local jobs by assisting in the financing of small businesses at below market interest rates. Micro Business/Entreoreneurial Revolving Loan Fund - (Southwest Virginia Community Development Fund) will provide loans to micro-businesses at Iow interest rates in amounts of $10,000 or less. Henry_ Street Revitalization - (Roanoke City Department of Public Works) to provide assistance for infrastructure improvements such as curb, gutter and sidewalks of the old Henry Street Business district. Gainsboro Land Use Plan - (Roanoke Redevelopment and Housing Authority) funds to be used for appraisals, environmental assessments of a blighted property to continue the improvements in the Gainsboro area. Perry Park - (Habitat for Humanity in the Roanoke Valley) to continue current property acquisition and clearance between Norfolk and Jackson Avenues and 10th and 11th Streets as part of the construction of up to 20 new single-family homes. Page 12 Attachment C Page 1 1997/98 HUD CONSOLIDATED PLAN ANNUAL UPDATE ADMINISTRATIVE PUBLIC MEETING MARCH 27, 1997 PUBLIC COMMENTS AT MEETING George Kegley, representing Roanoke Valley Preservation Foundation Mr. Kegley spoke in support of the McClanahan Cemetery proposal, stating that none of the organizations working on the project has money to do the project; it's historic property. He requested that their request be reconsidered. Paul Frantz, supporting the McClanahan Cemetery proposal Mr. Frantz spoke in support of the McClanahan Cemetery, asking that the request be reconsidered. Fran Villareal, representing the Roanoke City Health Department Ms. Villareal expressed her appreciation for the City's continued support for the Resource Mothers program and is aware of the City's commitment to teen pregnancy. Karen Michalski, representing the Blue Ridge Independent Living Center Ms. Michalski thanked the City for its support for the Empowering Individuals with Disabilities program. Tracie Lambert, supporting the Fifth District Employment and Training Consortium Ms. Lambert spoke in support of the Fifth District Employment and Training Consortium and its continued funding. Joe Christenbury, supporting the West End Center for Youth Mr. Christenbury thanked the City for the past assistance with capital funds and asked the City to consider fully funding the program and replicating the model. Sidne Campbell, representing the West End Center for Youth Attachment C Page 2 Ms. Campbell spoke in support of the West End Center for Youth, stating that the model works. The application for the Citywide Youth Center project consortium would leverage further funds. She asked that the request be reconsidered. Nancy Canova, representing On Our Own Ms. Canova expressed her regrets that the proposal for the Recovery Program could not be funded. Opal Bland, a consumer of On Our Own Ms. Bland spoke in support of the Recovery Program. Frederick Bolden, a consumer of On Our own Mr. Bolden spoke in support of the Recovery Program Tom MacMichael, representing the Presbyterian Community Center Mr. MacMichael spoke in support of the West End Center for Youth, requesting reconsideration for Citywide Youth Center proposal. Chicoy Oxygene, a youth who attends the West End Center for Youth Mr. Oxygene spoke in support of the Citywide Youth Center proposal. Kaye Hale, representing the West End Center for Youth Ms. Hale indicated that they have documented the success of their program and that her Citywide Youth Center proposal has given the City what they have asked for. She requests additional funding for the Citywide Youth Center proposal, and notes the large number of youth that are on the waiting list for West End Center for Youth. Kim Dennis, supporting the Fifth District Employment and Training Consortium Ms. Dennis spoke in support of the Fifth District Employment and Training Consortium. Attachment C Page 3 Millard Bolden, representing the YMCA -Family Branch Center Mr. Bolden spoke in support of the Citywide Youth Center proposal, Kaye Hale and the YMCA. He thanked the City for its support but asked that the City reconsider the request and increase the funding. Richard Dearing, representing the Roanoke Property Investors Mr. Dearing spoke in support of rehabbing housing, stating that private lenders won't provide loans for small projects. He commented on the Elm Avenue program and the Consolidated Rehab Loan program. Susheel Shende, representing the Northwest Neighborhood Environmental Organization, (NNEO) Ms. Shende spoke in support of NNEO, stating that NNEO is continuing to seek other sources but losing funds will reduce the other sources and asked to increase the level of support for NNEO in the 1997/98 year. Florine ThornhJll, representing NNEO Ms. Thornhill expressed her appreciation for the City's support. She indicated that one neighborhood should be completed before moving on to the next one and requests additional support funds for NNEO. Ken Shutz, supporting the West End Center for Youth Mr. Shutz encouraged reconsideration for the West End Center proposal. Carolyn Word, representing the Girl Scouts SELF program Ms. Word asked that the City reconsider their request for the SELF program. Estelle McCadden, representing the Melrose/Rugby Neighborhood Forum Ms. McCadden asked for reconsideration of their proposal to purchase a building for their neighborhood organization and as a community center. She requested the City provide 3/4 of the neighborhood's funding request. Attachment C Page 4 Denise Henderson, supporting the West End Center for Youth Ms. Henderson spoke in support of the West End Center for the Citywide Youth Center proposal. Jeff Artis, supporting the West End Center for Youth Mr. Artis spoke in support of the West End Center. John Ginn, representing the Roanoke Property Investors Association Mr. Ginn spoke in support of needing funds for rental rehabilitation, stating he is supportive of rental inspections and that the City needs to help remove problem tenants. Jerome Smith, supporting the West End Center for Youth Mr. Smith, a youth at the center, spoke in support of the West End Center for Youth. Sherry Matlock, supporting the West End Center for Youth Ms. Matlock is a youth at the West End Center for Youth, who spoke in support of the West End Center for Youth. Peter Lewis, Apple Ridge Farms, Inc. Mr. Lewis spoke about working with children who will succeed because of what the four agencies and West End Center do, not in spite of. He stated that these programs work and asked for the City to find a way to fund them. Rodney Lewis, supporting the West End Center for Youth Mr. Lewis spoke in support of the West End Center. Kaye Hale asked the following: Attachment C Page 5 15% of the total can go to human services; where is the rest of the money for human services? Lori Spencer explained how the cap is determined. 2. What happens after this meeting? The staff explained that the comments will be given to the review committees. 3. Where are the children going when Welfare Reform hits? Glenn Radcliffe, Director of Human Development, explained that they'd have to go to whatever services we have. Paul Frantz asked about the "Other" category and Administration costs. He indicated that he thought that HUD entitlement admin costs should be paid for with City General funds. Ms. Spencer explained that the guidelines of the funds allow for administrative costs to be charged to the grant. Ms. Evelyn Bethel raised a question regarding the 30 day review period, stating that City Council's public meeting is scheduled for May 5th, which would not allow a 30 day review period. Lori Spencer, Grants Monitor noted that there was a meeting on May 12 for approval of the draft plan by Council. This allows for the Plan's 30 day review period prior to Council's approval of the Plan. Community Development Block Grant Consolidated Plan Each year, the City of Roanoke appropriates federal funds to many local agencies and programs that provides excellent services to our citizens. In almost every case, funding requests have exceeded the amounts budgeted, and this year is no exception. In just a moment, Diane Akers, the City's Budget Administrator and staff from the Office of Grants Compliance will present you with a briefing on the proposed use of community development block grant and home fu~3ds received from the federal government. Every agency or program agent that submits a funding request is a worthy organization that contributes greatly to our community. The justification for using these funds to support the programs varies widely with the type of organization. Each year city staff and ultimately City Council agonizes over these requests and wishes that there was some way to provide greater financial assistance. City Council provides a generous amount of general fund revenue to cultural and human development organizations. However, fiscal responsibility to our taxpayers and the need to adequately fund many of the city operations as well as the Roanoke City Public Schools puts these non-profit agencies in direct competition for funding. I would like to remind City Council that the reliability of these federal revenues is, at best, shaky. City staff has attempted to recommend using these funds in such a way that the agencies will not become reliant on these funds in the long term. The reason is clear for this emphasis because the funding is only available on a year-to-year basis, and if the federal government proceeds with its emphasis on balancing the federal budget, funds, like -2- these which we are discussing today, are probably to be the first eliminated from the federal budget. Additionally, our priorities have been on funding those agencies that rely on the use of these funds only to begin or jump start community programs. A very serious concern would be using these federal funds to provide community programs that cannot ultimately be supported through community fund raising, such as the United Way or private contributions. Although these are clearly administrative guidelines for the use of these funds, I believe it would be productive in the longer term if Council would adopt some policy direction so that community groups would have a clear understanding of the use of these federal funds. I would now like staff to come forward and begin its briefing. W. Alvin Hudson, Sheriff P. O. Box 494 Roanoke, Virginia 24003 (540) 853-2721 Fax (540) 224-3178 April 11, 1997 Honorable Mayor David Bowers and Members of City Council 215 Church Ave. SW, Rm 364 Roanoke, VA 24011-1591 Dear Mayor and Members of City Council: Merely for your information, I thought you may be interested to know that the Roanoke City Jail was recently audited again by the American Correctional Association (ACA) and the National Commission on Correctional Health Care. We are happy to announce that we did excellently on both audits and, thereby, giving us two national accreditations. The ACA audit took place from March 31 - April 2, 1997 and we received a rating of 99.74% which is one of the highest ratings received by any jail in the country. Due to minor wording in one of our policies, one standard was found to be in noncompliance. However, the policy was immediately corrected and we have appealed the auditors' decision in this case. When the Commission for Accreditation for the ACA meets in August 1997, I am certain that we will receive 100% compliance with the 438 ACA standards. I may add that, of all the jails in the country, only about 10% successfully obtain ACA accreditation. This is the third time we have been accredited by the ACA, which audits each jail every three years, and, each time we have been audited, our compliance rate has increased. Also, the National Commission on Correctional Health Care (NCCHC), audited our jail in February 1997 and we received 100% compliance with all the NCCHC standards for providing health care to the inmates. The jail is audited annually by the NCCHC to ensure compliance with its standards of operation. Again, this is merely for your personal information. With regards, I am Sincerely, W. Alvin Hudson Sheriff Attachments pc: W. Robert Herbert, City Manager A NATIONALLY ACCREDITED SHERIFF'S OFFICE PRESENTED TO THE HONORABLE W. ALVIN HUDSON, SHERIFF IN RECOGNITION OF OUTSTANDING ACHIEVEMENTS AT THE ROANOKE CITY JAIL AS EVIDENCED BY NATIONAL ACCREDITATIONS BY THE AMERICAN CORRECTIONAL ASSOCIATION AND THE NATIONAL COMMISSION ON CORRECTIONAL HEALTH CARE BY THE MEMBERS OF THE ROANOKE CITY COUNCIL ON THIS 21ST DAY OF APRIL, 1997 DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (540) 981-2444 Fax: (540) 853-1145 April 21, 1997 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB:sm April 21, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia 24011 Re: Request for Executive Session Dear Mayor and Members of Council: This is to request that City Council convene in Executive Session to discuss a matter regarding an economic development prospect, specifically discussion of a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating its facilities in the community, pursuant to Section 2.1-344.A.5, Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/dh CC: v/Ms. Mary F. Parker, City Clerk Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Director of Finance Mary F. Parker, CMC/AAE cay C~erk CITY OF ROANOKE Office of the Clerk April 25, 1997 File f~60-132-429 8andre H. Eakin Deputy C~y C~rk W. Robert Herbert City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Gentlemen: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, Clarence R. Martin, President, Roanoke City Retirees Association, addressed Council with regard to permanent pay increases for City of Roanoke retirees. On motion, duly seconded and unanimously adopted, the remarks were referred to 1997-98 budget study. The Mayor inquired as to benefits received by retirees of other jurisdictions in the Roanoke Valley. Council IVlemt)er Swain inquired if the City's lump sum payments for retirees match the standard COLA increases provided to parsons receiving Social Security benefits. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Clarence R. Martin, President, Roanoke City Retirees Association, 155 Huntington Boulevard, N. E., Roanoke, Virginia 24012 Diane S. Akers, Budget Administrator, Office of Management and Budget ~ o~xo ~ '*6 ~ I'~ t 'ii' .'-' ' ji : iii ' !ii ,,. x I~,f ' ~ ~ ~mo~o '~ ' ' 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File ~67-169-262-373-481-448-472 Dennis A. Barbour, Attorney Moss & Rocovich P. O. Box 13606 Roanoke, Virginia 24035 Dear Mr. Barbou~ I am enclosing copy of Resolution No. 33332-042197 acknowledging the City of Roanoke's consent of the assignment, without recourse, by CEBE Investments, Inc., t/a VVXLK-FM of the rights, obligations, and liabilities that CEBE may have under a certain Lease Agreement with the City dated June 30, 1982, to Mai Wheeler, Inc. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely Mary F. Parkm, CMClAAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 21st day of April, 1997. No. 33332-042197. A RESOLLrrlON acknowledging the City of Roanoke's consent to the assignment, without recourse, by CEBE Investments, Inc. t/a WXLK-FM (CEBE) of CEBE's Lease Agreement with the City dated June 30, 1982, to Mel Wheeler, Inc. BE IT RESOLVED by the Council of the City of Roanoke that the City acknowledges its consent of the assignment, without recourse, by CEBE Investments, Inc., of the rights, obligations, and liabilities that CEBE may have under a certain Lease Agreement with the City dated June 30, 1982, to Mel Wheeler, Inc., in accordance with the provisions of the said Lease Agreement. ATTEST: City Clerk. MOSS & ROCOVICH ATTORNEYS-AT-LAW A PROFESSIONAL CORPORATION 4415 ELECTRIC ROAD 240~4 P. O. B(~X I3606 ROANOKe, VIRGINIA 24035 FILE NO.: April 7, 1997 DELIVERED BY COURIER 6341 0001 Mary F. Parker, City Clerk Roanoke City Municipal Building 215 Church Avenue Roanoke, VA 24011 RE: Lease Agreement dated June 30. 1982 Lessor: CITY OF ROANOKE Lessee: CEBE INVESTMENTS. INC. t/a WXLK-FM Demised Property: That certain 4 square feet of floor space in the transmitter building atop Mill Mountain for said Lessee's use for FM translator equipment, with associated equipment, and space on the tower adjacent to said building for antennae to be connected by coaxial cable to the equipment in said building located atop Mill Mountain and situate in the City of Roanoke. State of Virginia. Dear Ms. Parker: We represent CEBE Investments, Inc. ("CEBE"), the Lessee under the referenced Lease. CEBE has agreed to sell the assets of WXLK-FM to Mel Wheeler, Inc. Mel Wheeler, Inc., is the owner of two other radio stations in the Roanoke area. CEBE desires to assign its rights under the Lease to Mel Wheeler, Inc. A copy of the Lease is attached. Under paragraph 10 of the Lease, prior written consent of Lessor, expressed by resolution of the City Council, is required for any assignment. Accordingly, we request that the City of Roanoke permit CEBE to assign its rights under the Lease to the new owner, Mel Wheeler, Inc. Additionally, we ask that this request be considered for MOSS & ROCOVICH Mary F. Parker, City Clerk April 7, 1997 Page 2 approval by the City Council at its next regularly scheduled meeting on Monday, April 21, 1997, at 2:00 p.m. Thank you for your assistance in this regard. need anything further, please let us know. DAB/sjg CC; Should you have questions or Very truly yours, Robert F. Herbert, City Manager Wilbur C. Dibling, Jr., City Attorney THIS LEASE AGREEMENT made this June 30, 1982 by and between the CITY OF ROANOKE, a municipal corporation, organized and existing under the laws of the Commonwealzh of Virginia, hereinafter called "LESSOR", party of the first part, and CEBE INVESTMENT, INC. t/a ~*~XLK-FM, hereinafter callad "LESSEE" party of the second part, WITNES SETH: THAT the LESSOR hereby lets unto the LESSEE a,~d the LESSEE hereby takes and holds from the LESSOR as tenant the following described property: That certain 4 square feet of floor space in the transmitter building atop Mill Mountain for said Lessee's use for FM translator equipment, with associated equipment, and space on the tower adjacent to said building for antennae to be connected by coaxial cable to the equip- ment in said building located atop Mill Mountain and situate in the City of Roanoke, State of Virginia, such tenancy to be from month-to-month commencing as of July 1, 1982 at an annual rental of SIX HUNDRED TWENTY-FOU~I DOLLARS ($624.00), to be paid in equal quarter-annual paymen~ of ONE HUNDRED FIFTY-SIX DOLLARS ($156.00), subject to the following covenants and conditions: 1. The demised premises shall be used by Lessee only for the purpose of erecting, maintaining and operating ~M trans- lator equipment hereinafter referred.to as equipment; except that the installation, maintenance and use of the aforementi,~ned equipment shall in no way interfere with the other radio systems of the Lessor on the premises. Should interference conditions occur which cannot be cleared within a reasonable time or should the Lessee's use and occupancy of said demised premises or of any other property of the City used for ingress or egress to said demised premises interfere in any way with the City's u~;e of its own property or the operation of any other lessee of th~ ~ity, agreement may be terminated by the Lessor by giving to the Lessee fifteen (15) days prior written notice of its intent s~ to terminate 2. If for any reason the demised premises or any portion thereof became untera~ltable, the Lessee may immedi~tely terminate this agreement and, upon so doing, shall proml~tly remove its equipment. 3. The Lessee shall comply with all laws ant regula- tions of governmental authority, Federal, State, Count>, Munzcipall or otherwise, relating to the erection, maintenance or operation of said equipment, and shall procure at its own expense all permits, licenses, certificates or any other authorization what- soever which may be required by such laws, ordinances, rules or regulations. 4. The Lessor shall supply, without additioral charge therefor, electric power, heat, light and water, but not telephonel service, reas6nably necessary for the operation of the aforesaid equipment. 5. The authorized representatives or employees of the Lessee shall have a free right of ingress and egress to and from the aforesaid premises at all reasonable times in and ~out the operation and maintenance of said equipment. 6. The translator and other equipment installed on the Lessor's premises pursuant hereto shall be located in such place or places and be of such type as is ~pecified or approx~ed by the Lessor's Superintendent of Communications. 7. The Lessee shall indemnify and save harmless Lessor its officers and employees, and any other person or persons lawfully upon the leased property, from any and all loss or damage to property and injury to, or death of, person or persoms, or any suits, claims, liabilities or demands in connection therewith however caused, resulting directly or indirectly from tme instal- lation, maintenance, use~ existence, replacement or removal of said equipment unless due to the sole negligence of Lessor, such other person or persons. 8. Upon failure of Lessee to pay any instal£ment of rent within fifteen (15) days after receipt of written notice from~ Lessor'that such installment is due, this by Lessor. 9. Upon the termination of this lease may be terminated lease the Lessee shall surrender the demised premises in good and tenantable order and condition, reasonable wear and tear and damage by fire, the elements and other casualty excepted. 10. Ail rights and liabilities under this agreement shall extend to the successors of the parties hereto; however, none of the rights hereunder shall be assigned by the Lessee without the prior written consent of Lessor, expressec by resolution of the City Council. 11. Either party may terminate this agreement by giving thirty (30).days prior written notice to the other paruy of 'its intention to'terminate. WITNESS the following signatures as of the d~y and year first above written: CITY OF ROANOKE ATTEST: ~- City Clerk 'CEBE INVESTMENT, INC. t/a By ~2-- - -Preszdent City IN THE COUNCIL OF THE CITY OF ROANOKE, The 23rd day of June, 1980. VIRGINIA. No. 25145. AN ORDINANCE authorizing the rental of four floor space in the transmitter building atop Mill Mountai~ Investment, Inc., trading as WXLK-FM for use, upon certair and conditions. (4) square feet of to CEBE terms BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City agrees to rent to CEBE Investment, Inc., trading as WXLK-FM four (4) square feet of floor space in the trarsmitter building atop Mill Mountain for said proprietor's use for the placemen' and operation of an FM translator, with associated equipment, and, also, space on the tower adjacent to said building for th££r antenna, to be connected by coaxial cable to the radio equipment ir said building. 2. That the City Manager and City Clerk are author5 ~ed and directed to execute and to attest, respectively, on behalf of the City, a lease agreement with CEBE Investment, Inc., tradir~ as WXLK-FM providing for rental of the aforesaid property and space ¢~ a month- to-month basis for an annual rental of $624.00, payable in equal quarter-annual payments of $156.00 each, such lease to incorporate the terms and conditions of this ordinance and such other ceasonable terms and provisions as may be require~ by the City Managcc and to be, otherwise, upon such form as is approved by the City A~torney. ATTEST: ~,~ City Clerk. April 21, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CEBE INVESTMENTS, INC. t/a WXLK-FM Request to assign its fights under the lease to the new owner Mel Wheeler, Inc. On April 10, 1997, I received written communication from Dennis A. Barbour, Esquire, with the Law Firm of Moss & Rocovich, asking that the City of Roanoke consent to the assignment of leasehold rights held by CEBE Investments, Inc. t/a WXLK-FM to the new owner, Mel Wheeler, Inc. On June 23, 1980, by Ordinance No. 25145, City Council authorized the rental of four square feet of floor space in the transmitter building atop Mill Mountain to CEBE Investments, Inc. t/a WXLK-FM. The lease of four square feet of floor space has been used by WXLK-FM for the placement and operation of a FM translator, with associated equipment and space on the tower adjacent to the building for their antenna. According to Mr. Barbour, CEBE desires to assign, without recourse, its rights under the lease to Mel Wheeler, Inc., which currently owns WLSC-AM and WSLQ-FM. I recommend that City Council concur in the assignment, without recourse, to Mel Wheeler, Inc. of any rights which CEBE Investments, Inc. t/a WXLK-FM has under the lease agreement dated June 30, 1982. Respectfully, W. Robert Herbert City Manager WRH/GCS/hw CCi Wilbum C. Dibling, City Attorney James D. Grisso, Finance Director George C. Snead, Director of Public Safety Ronald Wade, Acting Communications Manager Patrick Leach, Accountant/Lease Administrator Dennis A. Barbour, Esq., Moss & Rocovich, P.O. Box 13606, Roanoke, VA 24035 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File f~60-270-467-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33333-042197 amending and reordaining certain sections of the 1996-97 School and General Fund Appropriations, providing for appropriation of $32,787.00 from the 1996-97 Capital Maintenance and Equipment Replacement Program, for purchase of instructional technology and facilities equipment at Breckinridge Middle School, and fire suppression kitchen equipment at several schools; and appropriation of $71,073.00 for the 1998 Eisenhower Title II program, to provide funds for activities to improve the skills and knowledge of mathematics, science and technology teachers. The aboveraferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. James D. Grisso ' Director of Finance April 25, 1997 Page 2 pc: Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 W. Robert Herbert, City Manager ' Diane S. Akers, Budget Administrator, Office of Management and Budget Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 1997. No. 33333-042197. AN ORDINANCE to amend and reordain certain sections of the 1996-97 School and General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 School and General Fund Appropriations, be, and the same ara hereby, amended and reordained to read as follows, in part: School Fund. Aoorooriations Education Eisenhower Project Title II 97-98 (1-7) .......................... Facilities (8-10) ............................................ Revenue Education Eisenhower Project Title II 97-98 (11 ) .......................... Non-Operating (12~ ........................................ General Fund Appropriations Nondepartmental Transfer to Other Funds (13) ................................. Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (14) .................................. $ $108,222,850 71,073 2,589,180 $105,424,427 71,073 39,894,320 $ 56,644,124 56,212,349 145,820 1 ) Substitute Teachers 2) Training and Curriculum 3) Social Security 4) Travel 5) Contracted Inservice 6) Instructional Materials 7) Teacher Tuition Assistance 8) Instructional Technology Equipment 9) Fire Suppression Equipment (030-060-6243-6308-0021) $ 4,320 (030-060-6243-6308-0129) 15,327 (030-060-6243-6308-0201) 1,173 (030-060-6243-6308-0554) 21,739 (030-060-6243-6308-0587) 10,500 (030-060-6243-6308-0614) 11,940 (030-060-6243-6308-0617) 6,074 (030-060-6006-6302-0826) (030-060-6006-6681-0821 ) 10) Breckinridge Furniture/ Equipment 11 ) Federal Grant Receipts 12) Transfer from General Fund 13) Transfer to School Fund 14) CMERP - School (030-060-6006-6681-0822) (030-060-6243-1102) (030-060-6000-1037) (001-004-9310-9530) (001-3324) 10,987 6,811 14,989 71,073 32,787 32,787 (32,787) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPART~ENT OF FINANCE CITY OF ROANOKE, VA April 21, 1997 FROM: SUtMEC~. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of School Funds and School CMERP Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for one grant in the School Fund. This grant is funded with 100% federal funds. This report also appropriates $32,787 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used for the purchase of instructional technology and facilities equipment at Breckinrldge Middle School, and fire suppression equipment at Patrick Henry High School, William Fleming High School, Madison Middle School, and Lincoln Terrace Elementary School. This is the ninth appropriation of the School Board's FY96 CMERP funding of $2,132,372. This will leave an unappropriated balance of $145,820. We recommend that you concur with this request of the School Board. Director of Finance JDG/ICF/bls Attachments c: Ifa Farris, Senior Accountant ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Capital Maintenance and Equipment Replacement Fund Request IX 030-060.6006-6302-0826 030-060-6006-6681-0821 030-060-6006-6681-0822 Appropriation Unit ZD1 Instructional Technology Equipment $ 10,987.00 33.5% Fire Suppression Equipment 6,811.00 20.8% Breckinridge Furniture/Equipment 14,989.00 45.7% $ 32,787.00 100.0% The above appropriation represents the ninth request for proceeds from the 1996-97 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the purchase of instructional technology and facilities equipment at Breckinddge Middle School plus fire suppression kitchen equipment at Patrick Henry High School, William Fleming High School, James Madison Middle School, and Lincoln Terrace Elementary School. The amount of the Capital Maintenance and Equipment Replacement Fund for 1996-97 is $2,132,372. The unappropriated balance of the fund alter the above appropriation is $145,820. Apd18,1997 ROANOKE CiTY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Eisenhower Project Title II 97 6243 030-060-6243-6308-0021 030-060-6243-6308-0t29 030-060-6243-6308-0201 030-060-6243-6308-0554 030-060-6243-6308-0587 030-060-6243-6308-0614 030-060-6243-6308-0617 Appropriation Unit X2J Substitute Teachers $ 4,320.00 6.1% Training and Curriculum Development 15,327.00 21.6% Social Security 1,173.00 1.6% Travel 21,739.00 30.6% Contracted Inservice 10,500.00 14.8% Instructional Materials 11,940.00 16.8% Teacher Tuition Assistance 6,074.00 8.5% $ 71,073.00 100.0% 030-060-6243-1102 Federal Grant Receipts $ 71,073.00 100.0% The 1998 Eisenhower Title II program will provide for activities to improve the skills and knowledge of mathematics, science and technology teachers while facilitating greater communication and collaboration between disciplines and across grade levels. The program will be reimbursed one hundred percent by federal funds and will end September 30, 1998. This is a continuing program. April 8, 1997 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W, Room 456 Roanoke, Virginia 240 } 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File ~60-253 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. 33334-042197 approving the annual budget for the Roanoke Valley Resource Authority for fiscal year 1997-1998, in the amount of $8,484,960.00, upon certain terms and conditions. The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm EriC. Allan C. Robinson, Jr., Chairperson Roanoke Valley Resource Authority April 25, 1997 Page 2 John R. Hubbard, Chief Executive Officer, Roanoke Valley Resource Authority, 1020 Hollins Road, N. E., Roanoke, Virginia 24012 ' Carolyn B. 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 $. Ross, Clerk, Vinton Town Council, P. O. Box 338, Vinton, Virginia 24179 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33334-042197. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 1997-1998, 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 1997-1998, in the amount of $8,484,960.00 is hereby approved, all as more particularly set forth in the report to this Council dated April 21, 1997, from the Roanoke City representative to the Roanoke Valley Resource Authority. ATTEST: City Clerk. April 21, 1997 Report No. 97-331 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke Valley Resource Authority Fiscal Year 1997-98 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 March 26, 1997 Authority meeting. Tipping fees for the charter member governments increase from the current rate of $50.00 per ton to $53.00 per ton. Charter member governments' credit will reduce from $5.00 per ton to $3.00 per ton. The net effect to the City of Roanoke is a $5.00 per ton increase in the tipping fees. Also enclosed with the attached information is a comparison of the 1997-98 budget with the projections made to finance the capital improvement program. The report is presented to you with the recommendation that you grant your approval of the proposed fiscal year 1997-98 annual budget in the total amount of $8,484,960. This is a reduction of $1,797,495, or 17.5% from the 1996-97 budget resulting from the diversion of privately collected commercial refuse to private landfills. Respectfully submitted, K~B.~'K~r,~ ' ' Roanoke City Representative Roanoke Valley Resource Authority KBK:afm Attachments cc: Mr. Allan C. Robinson, Jr., Chairman, RVRA Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, City Attorney Mr. James D. Grlsso, Director of Finance ROANOKE vA]ULEY RESOURCE AUTHORITY March 27, 1997 Ms. Mary Parker Clerk to City Council City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Ms. Parker: In accordance with the Member Use Agreement, the Resource Authority's 1997/98 annual budget is being submitted for approval by City Council. Enclosed are copies of the 1997/98 Budget for each member of City Council. A copy of the budget, along with the attached letter, have been sent to Mr. Herbert, requesting that he initiate action for approval of the budget by City Council. If you have any questions or if you need more copies of the budget, please let me know. Your help with this matter is appreciated. Sincerely, Chief Executive Officer 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 ROANOKE VALLEY RESOURCE AUTHORITY March 28, 1997 Mr. W. Robert Herbert City Manager, City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Mr. He~ert: On March 26, 1997, the Roanoke Valley Resoume Authority approved its 1997/98 annual budget. The budget totals $8,484,960 and represents a 17% reduction from the 1996/97 budget total. Due to the reduction in commemial waste flow, the Resource Authority has developed a volume based discount rate for qualifying large volume haulers, to encourage the increase of commercial waste flow. In order to maintain commemial rates at $55/ton and offer the volume based discount rate, disposal rates will increase to the Charter Members for municipal waste to $53/ton. The Resource Authority has made every effort to minimize the effect on the Charter Members and will continue to provide a municipal discount of $3/ton. The Resource Authority believes that it is very important that we make every reasonable effort to regain as much lost commercial waste as possible and to avoid any further loss. The volume base discount will provide a v6ry competitive rate to those charged by private landffils and should assist in our goal. The budget also eliminates the annual household hazardous waste collection day and the recycling grants to the Charter Members. In accordance with the Member Use Agreement, the Resource Authority's 1997/98 annual budget is being submitted for the City Council's approval. Attached is a summary of the budget, a comparison of the budget and the bond projections. A detailed budget is available, if additional information is needed. The Resource Authority is committed to providing the highest quality service possible to the City of Roanoke and the other Charter Members and their citizens, and we look forward to a challenging future. Sincerely, Allan C. Robinson, Jr. Chairman 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 Misc. MARY H. ALLEN, CMC CLERK TO THE BOARD Council, C. Mgr., C. Atty. DoF. - 04/21/97 P.O. BOX 29800 5204 BErNArD DRIVE rOANOKE, VIrGINiA 24018-0798 (703) 772-2005 FAX (703) 772-2193 BRENDA J. hOLTON April 10, 1997 Mr. Allan C. Robinson, Jr., Chairman Roanoke Valley Resource Authority 1020 Hollins Road Roanoke, VA 24012 Dear Mr. Robinson: Attached is a copy of Resolution No. 040897-2 approving the 1997-1998 operating budget for the Roanoke Valley Resource Authority. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, April 8, 1997. The Board of Supervisors also requested at their April 8th meeting that the RVRA conduct a review of their rates and operations during the next fiscal year. If you need further information, please do not hesitate to contact me. Sincerely, bjh Attachment cc: Diane D. Hyatt, John R. Hubbard, Mary F. Parker, Carolyn S. Ross, Mary H. Allen, CMC Clerk to the Board of Supervisors Director, Finance CEO, RVRA Clerk, Roanoke city Council Clerk, Vinton Town Council AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, ON TUESDAY, APRIL 8, 1997 RESOLUTION 040897-2 APPROVING THE ROANOKE VALLEY RESOURCE AUTHORITY BUDGET FOR THE YEAR ENDING JUNE 30, 1998 AND AMENDING THE OPERATING BUDGET FOR THE YEAR ENDING JUNE 30, 1997 WHEREAS, Section 5.9 of the Roanoke Valley Resource Authority Members Use Agreement provides that the Authority shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County, the City Council of the City of Roanoke, and the Town Council of the Town of Vinton; and WHEREAS, by report dated March 28, 1997, a copy of which is on file in the office of the Clerk of the Board, the Chairman of the Roanoke Valley Resource Authority has submitted a request that the County approve the budget of the Roanoke Valley Resource Authority for the year ending June 30, 1998. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the budget for the year ending June 30, 1998 for the Roanoke Valley Resource Authority as set forth in the March 28, 1997, report of the Authority Chairman, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Minnix to adopt the resolution and carried by the following recorded vote: AYES: NAYS: Supervisors Eddy, Minnix, Harrison, Nickens, Johnson None A COPY TESTE: CC: Mary H. Allen, Clerk Roanoke County Board of Supervisors File Diane D. Hyatt, Director, Finance Allan C. Robinson, Jr., Chairman, RVRA John R. Hubbard, CEO, RVRA Mary F. Parker, Clerk, Roanoke City Council Carolyn S. Ross, Clerk, Vinton Town Council Misc. Council, C. Mgr., C. Atty., DoF. - 04/21/97 TOWN OF VINTON P. O. BOX 339 VINTON, VIRGINIA 24179 PHONE (640) 983,-0607 FAX(540) 983-0621 April 16, 1997 Carolyn S. Ross A dm/n. Asst./Town C/en~ So'an R. Hubbard, CEO Roanoke Valley Resource Authority 1020 Hoilins Rd. Roanoke, Virginia 24012 Re: Roanoke Valley Resource Authority 199%1998 Annual Budget Dear Mr. Hubbard: This correspondence is written to advise that the Vinton Town Council voted unanimously to approve the Roanoke Valley Resource Authority's 1997-98 Annual Operating Budget in the total amount of $8,484,960, as submitted with your correspondence dated March 27, 1997. This action was taken by Council during their regular meeting of Tuesday, April 15, 1997. If we can be of further assistance, please do not he~m~ to contact me. Sincerely, Carolyn S. Ross Admin. Asst./Town Clerk esr ex:: Allan C. Robinson, Chairman, RVRA Mary F. Parker, CMC/AAE, Clerk, Roanoke City Council Mary H. Allen, CMC, Clerk, Roanoke County Board of Supervisors Mary F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk April 25, 1997 File f/60-79-354-383 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: The City's recommended Resource Allocation Plan for fiscal year 1997-98, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. On motion, duly seconded and unanimously adopted, the 1997-98 Resource Allocation Plan was referred to 1997-98 budget study. You were authorized to advertise a public hearing to be held on Monday, May 5, 1997, at 7:10 p.m., or as soon thereafter as the matter may be heard, on the question of implementation of a cellular telephone tax. The Mayor requested that you provide information on the amount of E-911 taxes imposed by other local governments in the Roanoke Valley. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Rose M. Woodford, Executive Secretary, City Manager's Offca City Council Presentation April 21, 1997 W. Robert Herbert, City Manager Today, I am pleased to recommend to the Roanoke City Council a budget for fiscal year 1997-98 of $161 million, which is a 5.56 percent increase over the current fiscal year. It is designed to advance the community's vision by funding the school budget, focusing on neighborhoods, maintaining basic services and positioning the city to undertake numerous long-term projects through the largest bond referendum in the city's history. The recommended budget includes a one cent reduction in the real estate tax rate as requested by City Council. This is a good budget for the people of Roanoke. It allows us to maintain services, make improvements in our neighborhoods and move forward in a progressive manner. The two major components of the General Fund budget are the Roanoke City government budget and the local share of the Roanoke City 2 Schools' budget. The recommended expenditures for 1997-98 are as follows: Recommended Change from %Change Sector Budget FY 96-97 FY 96-97 City Government Local Share of School Budget Totals $119,876,213 $6,599,887 5.83% 41,173,422 1,878,723 4.78% $161,049,635 $8,478,610 5.56% The recommended school budget for Fiscal Year 1997-98 is $86,485,938. The recommended city budget not only meets the local share required for the school budget, but also includes an additional $54,755 in local funds for the schools' Pre-School Initiative Program, a pro-active program targeted at three- to four-year olds to help them become better prepared to enter school. With this additional funding, the adjusted school budget totals $86,540,693. One of the largest increases in existing programs in city government is a mandated expenditure of nearly $2.2 million for the Comprehensive Services Act. The increased funding is shared by the state and local government and is used for services for at risk youth, including severely, emotionally disturbed youth. A second major expenditure is the employee merit increase of 3.3 percent of the midpoint of each pay grade, which equates to $1.9 million. While our growth was limited in terms of this budget, we were able to recommend several new programs, which we think will have a positive long- term impact on our city neighborhoods. Those new programs include $15,000 for a citizen service center, $100,000 for curb, gutter and sidewalk projects, nearly $52,000 for alley clean-up and park restoration, and $19,200 to fund the city's share of the cost for a greenways coordinator. Programs being improved in city departments include the continued work to automate the city's trash collection and provide citizens with roll-out containers, and funds to address the removal of junk cars. 4 Clearly, some of the capacity within the budget is a direct result of city employees finding more efficient ways to work and operate, with major savings coming from changes in Solid Waste Management and the transfer of ownership of the Roanoke City Nursing Home. We will continue to re- engineer city government to be as effective and customer focused as possible. A total of 47 positions will be eliminated in the FY '97-98 budget. Where downsizing occurs, employees in those positions have been retrained to fill vacant positions in other city departments or, in the case of the nursing home, were given the option of transferring to the new private sector home being built for the residents. The budget also will position the city for a $35 million to $37 million bond referendum, planned for this fall. The bonds, if approved by voters, would allow the city to address neighborhood school renovation, storm drainage, economic development and a number of critical long-term projects. $ The exact listing of projects has not yet been determined. A bond sale of $35-$37 million would be the city's largest (other than the sale from previous bond issues where bonds were grouped together and sold to obtain a lower interest rate). City Council will hold a public hearing on the budget on May 5, at 7 p.m. at the Roanoke Civic Center. Budget study sessions for City Council will begin May 6, and Council will be asked to approve a fiscal year 1997-98 budget at a special meeting on May 12. That's really the heart of this budget. I'd like to offer Jim Grisso an opportunity to talk about revenues and then we'll be happy to answer any questions you may have. 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) 853-2541 Fax: (540) 853-1145 April 25, 1997 File ft42-58-60-277 SANDRA H. EAKIN Deputy Cit~ Clerk R. Matthew Kennell Executive Director Downtown Roanoke, Inc. 310 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Kennell: I am enclosing copy of Resolution No. 33335-042197 authorizing a contract with Downtown Roanoke, Inc., for provision of certain services in connection with management of the Roanoke City Market area, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Dana D. Long, Chief, Billings and Collections Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33335-042197. A RESOLUTION authorizing a contract with Inc., for the provision of certain services in Market area, upon certain terms and conditions. Downtown Roanoke, the Roanoke City BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, the requisite Agreement with Downtown Roanoke, Inc. ("DRI"), providing for such firm to act as the City's agent in management of the City Market for a monthly fee of, initially, $975.00, effective July 1, 1997, said monthly fee to be increased annually by up to $25.00 each month, under certain specific circumstances, and upon such terms as set out in the City Manager's report dated April 21, 1997, to this Council. 2. The initial term of the Agreement shall be for one (1) year, and the Agreement may be renewed for up to three (3) additional one year terms thereafter. Either party shall have the right to cancel the Agreement upon thirty (30) days' notice to the other party. 3. The Agreement, which shall be approved as to form by the City Attorney, shall provide that DRI's accounting procedures for handling City funds shall be approved by the Director of Finance, that the DRI employee handling City funds shall be bonded, and that DRI Shall obtain and maintain during the life of the Agreement. liability insurance of a nature and in amounts as specified by the City Manager. The Agreement shall also contain such other provisions as the City Manager may deem appropriated. ATTEST: City Clerk. April 21, 1997 Council Report ~97-128 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: BUBJECT: New Agreement with Downtown Roanoke, Inc. to Manage city Market. I. BACKGROUND: ae Downtown Roanoke. Inc. (DRI) was authorized by City Council , on August 12, 1991, to act as the City's agent in management of the City Market for a monthly fee of $833.33. DRI hired a Market Clerk to provide certain services in the Roanoke city Market area. city Market annual revenues have steadily increased from $15.288 in FY91 to $25,647 in FY95 before dipping to $23.205 in FY96 due to a harsh winter. Monthly curbage space rentals have increased on average from 3--9 in FY91 to 5--0 in FY95 and 5--1 in FY96. City Market has 6-0 curbage spaces available for rent. city Council authorized a fee increase to $875.00 per month in August, 1994. II. CURRENT BITUATION~ The Aqreement with DRI has expired, and a new one has been negotiated. B. Major new points are: 1.) An increase in the fee to $975.00 per month effective with the new contract, July 1, 1997. 2.) A 1 year Agreement with provision for 3 one year extensions of the Agreement with extensions requiring approval of both parties. 3.) A provision that allows for annual increases of the monthly management fee of up to $25.00 providing that collections in the preceding year were sufficient to pay for the funds given to DRI and that the projected collections will be sufficient to pay for the increase. Honorable Mayor and Council Members New Agreement with DRI to Manage city Market April 21, 1997 Council Report #97-128, Page 2 Ce De APProved Market budget for FY97 and requested budget for FY9S have sufficient funding to cover the new fee provisions. City Council approval is needed to authorize the Agreement. TZZ. ZSSUE~: Manaaement of city Market Leaal Fundinq IV. ALTERNATIVES: ae City Council authorize an Aqreement to be approved as to form bv City Attorney and siqned by City Manaqer. Manaqement of City Market would be continued under agreement with DRI. Leqal authority to enter into a new Agreement would be granted. Fundin~ is available within current City Market budget and in requested FY98 budget. Be city Council not authorize an Aqreement to be approved as to form by City Attorney and siqned bv City Manager. Manaaement of City Market would have to be assumed by the City or an alternative arrangement identified. Legal authority vested in Council to enter into a new Agreement is moot. Fundinq available within current City Market budget and in requested FY98 budget would not be needed. Honorable Mayor and Council Members New Agreement with DRI to Manage city Market April 21, 1997 Council Report #97-128, Page 3 Ve RECOMMENDATION= City Council concur with Alternative Authorize the City ManaGer to execute the Agreement with Downtown Roanoke, Inc. in form approved by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH/jjn Attachment Mr. R. Matthew Kennell, Executive Director, Roanoke, Inc. City Attorney Director of Finance Director of Public Works Manager, Management and Budget Manager, Parks & Recreation Chief, Billings and Collections Business Coordinator, Parks & Recreation Downtown Mary F. Parker, CMCIAAE CITY OF ROANOKE Office of the City Clerk $andra H. Eakin Deputy City Clerk April 25, 1997 File #24-200-356 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33336-042197 repealing Chapter 11, ~ ~ih~i~tJ~Gl~J, of the Code of the City of Roanoke (1979), as amended, and adopting new Chapter 11.1, Erosion and Sediment Control, to provide for the conservation of land, water, air and other natural resources of the City, and for administration and enforcement of certain regulations and procedures necessary to ensure implementation of appropriate and essential conservation measures and practices relating to erosion and sediment control. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. W. Robert Herbert City Manager April25,1997 Page 2 pc; The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-Prasident - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Oomestic Relations District Court Bobby D. Casey, Office of the Magistrate Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer W. Robert Herbert City Manager April 25, 1997 Page 3 pc: John R. Marlles, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Edward R. Tucker, Erosion and Sediment Control Agent Michael Meise, Branch Manager, Law Library IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33336-042197. AN ORDINANCE repealing Chapter 11, Erosion and Sedimen~ Control, of the Code of the City of Roanoke (1979), as amended, and adopting new Chapter 11.1, Code of the City of Roanoke conservation of land, water, City and to provide for certain regulations and Erosion and Sediment ContrQ], of the (1979), as amended, to provide for the air and other natural resources of the the administration and enforcement of procedures necessary to ensure the implementation of appropriate and essential conservation measures and practices relating to erosion and sediment control; and providing for an emergency. the the effective date of this Ordinance. 2. Chapter 11.1, Erosion and Sediment Control, of the City of Roanoke (1979), as amended, is hereby read and provide as follows: Sec. 11.1-1. Purpose of chapter. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 11, Erosion and Sediment Control, of the Code of City of Roanoke (1979), as amended, is hereby REPEALED as of of the Code adopted to The purpose of this chapter is to conserve the land, water, air and other natural resources of the city by establishing requirements for the control of erosion and sedimentation and by establishing procedures whereby these requirements shall be administered and enforced. Sec. 11.1-2. Definitions. For the purposes of this chapter, certain terms and words used herein shall have the following meaning, unless the context indicates otherwise: AGENT: city. The erosion and sediment control agent for the AGREEMENT IN LIEU OF PLAN: A contract'metween the city and the owner which specifies conservation measures which must be implemented in the construction of a single- family residence; this contract may be executed by the agent in lieu of a formal erosion and sediment control plan. APPLICANT: Any person submitting an erosion and sediment control plan for approval or requesting the issuance of a permit, when required, authorizing land disturbing activities to commence. BOARD: The Virginia Soil and Water Conservation Board. CLEARING: Any activity which removes the vegetative ground cover, including but not limited to, root mat removal and top soil removal. COMPREHENSIVE DEVELOPMENT PLAN: A development plan and related information required by Section 36.1-571 of this Code to be submitted in conjunction with an application for certain zoning permits. DESIGN AND CONSTRUCTION STANDARDS AND PROCEDURES: Design and construction standards and procedures prepared by the city for the purpose of defining specific criteria, structures, methodology, content and format of plan sheets, and other information, as may be required to be shown and submitted, as a part of a plan. DEVELOPMENT: A proposed construction of improvements upon a lot, or parcel of land as a single unit under single ownership or unified control, which will be used for any business or industrial purpose or which will contain two or more residential dwelling units. BROSION AND SEDIMENT CONTROL PLAN: A document containing information and material necessary for the conservation of soil and water resources of a lot or lots. EROSION IMPACT AREA: An area of land not associated with current land disturbing activity but subject to 2 persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot of 2,000 sq,/are feet or less, used for residential purposes. BXCAVATING: Any digging, scooping, or other methods of removing earth materials. PILLING: Any depositing or stock-piling of dirt, rock, stumps or other natural or man-made solid waste material. GP~%DING: Any excavating or filling of earth materials, or any combination thereof, including the land in its excavated or filled condition. LAND DISTURBING ACTIVITY: Any land change which may result in soil erosion from water or wind and the movement of sediments into waters or onto lands, including, but not limited to, clearing, grading, excavating, transporting and filling of land. LO~AL EROSION AND SEDIMENT CONTROL PROGRAM: A~outline of the various methods employed by the city to regulate land disturbing activities and thereby minimize erosion and sedimentation in compliance with the state program which may include such items as local ordinances, policies and guidelines, technical materials, inspection, enforcement and evaluation. OWNER: The owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm, partnership or corporation in control of a property. PERMIT: A permit issued by the city for clearing, filling, excavating, grading or transporting, or any combination thereof, of land. PERMITTEE: The person to whom the permit authorizing land disturbing activities is issued, or who certifies that the approved plan will be followed. PLAN: An erosion and sediment control plan. RESIDENTIAL SUBDIVISION DEVELOPMENT: A subdivision of land into three (3) or more lots for the purpose of constructing residential dwellings thereon. SINGLE FAMILY RESIDENCE: A dwelling which is occupied exclusively by one family for non-commercial purposes and 3 which is not part of a residential development. subdivision STABILIZED: An area of land that can be expected to withstand normal exposure to atmospheric conditions without incurring erosion damage. STATE WATERS: All waters on the surface and under the ground wholly or partially within or bordering the Commonwealth or within its jurisdictions. SUBDIVISION: The division, subdivision, or resubdivision of any lot or parcel of land and as defined in Chapter 31 of this Code. TRANSPORTING: Any moving of earth materials from one place to another other than such movement incidental to grading, as authorized on an approved plan. VIRGINIA EROBION AND SEDIMENT CONTROL REGUL~TIONS~ The regulations promulgated by the board and amendments thereto. Sec. 11.1-3. Local erosion and sediment control program. (a) Pursuant to Section 10.1-562 of the Code of Virginia (1950), as amended, the regulations, references, guidelines, standards and specifications promulgated by the board, including the Virginia Erosion and Sediment Control Regulations, and the Design and Construction Standards and Procedures, relating to the effective control of soil erosion and sediment deposition, in effect on the date of adoption of this chapter, are hereby incorporated by reference as if set forth herein. (b) The plan approving authority and the inspection authority for the local erosion and sediment control program in the city shall be the agent of the Office of Planning and Community Development, Division of Zoning and Development. Sec. 11.1-4. Exemptions from chapter. The provisions of this chapter shall not be construed to apply to the following: (a) Minor' land disturbing activities such as home gardens and individual home landscaping, repairs or maintenance work; 4 (b) Individual utility service connections; (c) Installation, maintenance, or repair of underground public utility lines when such activity occurs on or in an existing hard surface road, street, or sidewalk, provided the land disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced; (d) Septic tank lines or drainage fields, unless such activity is carried out in conjunction with the clearing, grading, excavating, transporting, or filling of a lot or lots for which a land disturbing permit would otherwise be required under the provisions of this chapter; (e) Surface or deep mining; (f) Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas; (g) Repair, rebuilding or new construction of tracks, rights-of-way, bridges, communication facilities or other related structures and facilities of a railroad company; (h) Agricultural engineering operations, including, but not limited to, the construction of terraces, terrace outlets, check dams, desilting basins, dikes, and ponds, not required to comply with the provisions of the Dam Safety Act, Article 2, of Chapter 6 of Title 10.1 of the Code of Virginia (1950), as amended, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; (i) Disturbed areas of less than two thousand (2,000) square feet provided that the purpose of the land disturbing activity is not related to the clearing, grading, excavating, filling, or transporting of dirt, rocks, stumps or other material, to or from another separate lot for which a land disturbing permit has been issued and otherwise authorized under the provisions of this chapter, and provided that such activities are not in conjunction with individual lots in a residential subdivision. (j) Installation of posts or poles; (k) Emergency work to protect life, limb or property, and emergency repairs, provided that the land area disturbed shall be shaped and stabilized in accordance with the requirements of this chapter; 5 (1) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, or livestock feedlot operations, including, but not limited to, engineering operations such as construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11 (Section 10.1-1100 et seq.) of Title 10.1, Code of Virginia (1950), as amended, or is converted to bona fide agricultural or improved pasture use as described in subsection B of Section 10.1-1163, Code of Virginia (1950), as amended. (m) State agency projects subject to the submission requirements of Section 10.1-564 of the Code of Virginia (1950), as amended. Sec. 11.1-5. Land disturbing permit - requirements. (a) No person shall engage in any land disturbing activity within the city until he has acquired a permit. (b) The issuance of a permit shall be conditioned on the approval of a plan, and submission of certification that the plan will be followed, which plan and certification shall be presented at the time of application for a permit. (c) Where land disturbing activities involve lands under the jurisdiction of more than one local erosion and sediment control program, a plan, at the option of the applicant, may be submitted to the board for review and approval rather than to each jurisdiction concerned. Sec. 11.1-6. Erosion and sed{ment control plan. (a) No person shall engage in any land disturbing activity until such person has submitted a plan to the agent, and such plan has been reviewed and approved in accordance with the provisions of this chapter. The plan shall detail those methods and techniques to be used in the control of erosion and sediment. (b) The Virginia Erosion and Sediment Control regulations and the Design and Construction Standards and Procedures shall be used by the applicant when making a submittal under the provisions of this chapter and in the preparation of a plan. The agent, in considering the 6 adequacy of a submitted plan, shall apply the same standards, regulations and procedures. (c) A plan shall be filed for a residential subdivision development regardless of the phasing of construction. If individual lots or sections in a residential subdivision development are being developed by different property owners, all land disturbing activities related to the building construction shall be covered by a plan, or an agreement in lieu of a plan, and sh~ll be signed by the property owner and the agent. (d) In order to prevent further erosion, the agent may require the submittal and approval of a plan for any land identified in the city as an erosion impact area. (e) For the purpose of subsections (a) and (b) of this section, when a land disturbing activity will be required of a contractor performing construction work pursuant to a construction contract, the preparation, submission and obtaining of approval of a plan shall be the responsibility of the owner of the land within which such land disturbing activity is proposed. (f) A plan submitted in conjunction with a subdivision plat or a comprehensive development plan, as otherwise required under either the subdivision ordinance or the zoning ordinance, shall be reviewed in accordance with the review procedures set forth in this chapter. In such cases the review procedures shall include any additional requirements set forth in the city's subdivision ordinance and zoning ordinance. (g) Where application is made for a permit for the purpose of preparation for the construction of a single- family residence, an agreement in lieu of a plan may be substituted for a plan if executed by the owner and the agent. (1) The agreement in lieu of a plan shall clearly define any special measures that are necess'ary to protect adjacent properties, public streets, and waterways; and (2) The agreement in lieu of a plan shall be executed by the owner of the subject lot, whose signature shall be duly notarized thereon. (h) Ail measures required by the provisions of this chapter shall be undertaken at the expense of said owner. 7 Sec. 11.1-7. Plan review and inspection fem. The schedule of fees and charges shall be as set forth in the Fee Compendium of the city as adopted and amended from time to time by City Council. Such fees and charges shall be paid (a) in full upon application, or (b) pursuant to the Deferred Payment Program set forth in section 2-178.2 of this Code. Sec. 11.1-8. Approval/disapproval of erosion and sediment control plan, A plan shall be reviewed in accordance with the regulations of this chapter. The person seeking a permit shall be notified in writing within forty-five (45) calendar days from the date of plan submittal of the approval or disapproval of the plan. If the plan is disapproved, the notification shall give specific reasons for such disapproval and shall describe such changes or corrections necessary to obtain approval thereof. Sec. 11.1-9. Amendment of approved plan. (a) The agent may require that a plan be amended if subsequent on-site inspections reveal that the approved plan is inadequate to satisfy the requirements of this chapter. (b) The agent may amend an approved plan, if the permittee or person responsible for carrying out the plan finds that because of changed circumstances or for other reasons, the approved plan cannot be effectively carried out and proposed amendments to the plan, consistent with the requirements of this chapter, are agreed to by the agent and the permittee, or person responsible for carrying out the plan. Sec. 11.1-10. Guarantee to comply with approved plan. (a) Prior to the issuance of a permit required by this chapter, the person seeking a permit shall execute and file with the agent, an agreement, and a bond, cash escrow, letter of credit, or any combination thereof, in an amount equal to the estimated total cost of providing all erosion and sediment control measures and improvements required by the plan, with surety approved by the director of finance, guaranteeing that the required control measures will be properly and satisfactorily undertaken and maintained, as determined by the agent. Should the permittee fail, after notice within the time specified, to initiate or maintain the 8 control measures required in an approved plan, the city may use such surety to undertake action to ensure that such measures are taken and completed. (b) The agreement executed by the person seeking a permit shall provide that the person executing the same does so with full knowledge of the owner of the subject property and has full authority to permit an unrestricted right of entry for the city to enter upon the property to undertake any action necessary to ensure compliance with the requirements of this chapter. The agent may require any additional proof of such authority, if necessary. (c) If the city is required to undertake action to ensure that control measures in an approved plan are taken and completed as a result of such failure by the permittee, it may collect from the permittee the difference, should the amount of the reasonable cost of such action exceed the amount of the security held. Where performance guarantees are otherwise required under the subdivision ordinance or the zoning ordinance for the provision of erosion and sediment control measures, guarantees required by this chapter may be combined therewith, upon the approval of the agent. (d) Within sixty (60) days of the achievement of adequate stabilization of the land disturbing activity, the required bond, cash escrow, letter of credit or combination thereof, or the unexpended or unobligated portion thereof, shall be refunded to the owner or permittee or terminated as appropriate to the need. Sec. 11.1-11. Inspections, notice to comply, stop work order. (a) The agent shall provide for periodic inspections of all land disturbing activities. The owner, permittee or person responsible for carrying out the plan, if such be different persons, shall be given a notice of such inspection. The agent may also require monitoring and reports from the person responsible for carrying out the plan to ensure compliance with the approved plan, and to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from the land disturbing activity. The person responsible for carrying out the plan will maintain records of these inspections to ensure compliance with the approved plan and to determine whether the measures required in the plan are effective in controlling erosion and sedimentation. Notice of the right of such inspection 9 shall also be included in the permit issued pursuant to Section 11.1-5 of this chapter. (b) If the agent determines there has been a failure to comply with the approved plan, he shall immediately send to such permittee or the person responsible for carrying out the plan, if such be different persons, by certified mail, to the address specified in the permit application, or by delivery at the site of the land disturbing activities, to the agent or employee, a notice to comply. Such notice shall specify the measures needed to comply with the approved plan and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, the permit may be revoked and the permittee or person responsible for carrying out the plan, if such be different persons, shall be deemed in violation of this chapter, and upon conviction, shall be subject to the penalties provided in this chapter. (c) Upon receipt of a sworn complaint of a violation of this section, or section 11.1-6 of this chapter, the agent may, in conjunction with or subsequent to a notice to comply as specified in subsection (b) above, issue an order requiring that all or part of the land disturbing activities permitted on the site be stopped until the specified corrective measures have been taken, or if land disturbing activities have commenced without an approved plan as provided in Section 11.1-6 of this chapter, requiring that all land disturbing activities be stopped until an approved plan or any required permits are obtained. (d) Where the alleged noncompliance is causing or is in imminent danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth, or where the land disturbing activities have commenced without an approved plan or a required permit, such an order may be issued whether or not the alleged violator has been issued a notice to comply as specified in subsection (b) above. Otherwise, such an order may be issued only after the alleged violator has failed to comply with a notice to comply. (e) The order referenced in subsections (c) and (d) of this section shall be served in the same manner as a notice to comply and shall remain in effect for seven (7) days from the date of service pending application by the city or the alleged violator for appropriate relief to the circuit court of the city. If the alleged violator has not obtained an approved plan or all required permits 10 within seven (7) days from the date of service of the order, the agent may issue an order to the owner requiring that all construction and other work on the site, other than corrective measures, be stopped until an approved plan and all required permits have been obtained. Such an order shall be served upon the owner by registered or certified mail to the address specified in the permit application or the land records of the city. (f) The owner may appeal the issuance of an order to the circuit court of the city. Any person violating, failing, neglecting or refusing to obey an order issued by the agent may be compelled in a proceeding instituted in the circuit court of the city to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. Upon completion and approval of corrective action or obtaining an approved plan or any required permits, the order shall immediately be lifted. Nothing in this section shall prevent the agent from taking any other action specified in Section 11.1-12 of this chapter. Sec. 11.1-12. Penalties, injunctions and other legal actions. (a) Any person who violates any regulations or order of the board, any condition of a permit, any provision of the board's program, any provision of this chapter, or any provision in the Design and Construction Standards and Procedures, shall be subject to the enforcement provisions of this chapter. Upon a finding of a violation of any regulations or order of the board, any condition of a permit, any provision of the board's program, any provision of this chapter, or any provision in the Design and Construction Standards and Procedures, the district court of the city shall assess a civil penalty. The be $100.00, commencement approved plan civil penalty for any one violation shall except that the civil penalty for of land disturbing activities without an shall be $1,000.00. Upon becoming aware of any violation of any provision of this ordinance, the agent shall send to the owner, permittee or the person responsible for carrying out the plan, if such be different persons, by certified mail, to the address specified in the permit application, or by delivery at the site of the land disturbing activities, a notice of violation. The notice shall require such 11 (2) (3) violation to cease within a reasonable time which is specified in such notice. After such notice is sent or given, and such violation is not ceased within such reasonable time as is specified in the notice, then the agent may proceed to remedy the violation as provided below. Each day during which the vio3ation is found to have existed shall constif'~e a separate offense. In no event shall a series of specified violations arising from the same operative set of facts result in civil penalties which exceed a total of $3,000.00, except that a series of violations arising from the commencement of land disturbing activities without an approved plan for any site shall not result in civil penalties which exceed a total of $10,000.00. After having sent or delivered the notice referred to above, and if such violation has not ceased within such reasonable time as is specified in such notice, then the agent shall cause a s~mmons to be served upon such person. (4) Such summons shall contain the following information: (i) The name and address of the person charged; (ii) The nature of the infraction and the provision(s) being violated; (iii) The location, date and time that the infraction occurred or was observed; (iv) The amount of the civil penalty assessed for the infraction; (v) The manner, location and time in which the civil penalty may be paid to the city; (vi) The right of the recipient of the summons to elect to stand trial for the infraction and the date for such trial; (vii) The right of any person summoned for a violation to elect to pay the civil 12 penalty to the treasurer for the city at least seventy-two (72) hours prior to the time and date fixed for trial and that payment of such civil penalty shall constitute a waiver of trial and an admission of liability; and (viii) A statement that a signature to an admission of liability shall have the same force and effect as a judgment of court, but that an admission shall not be deemed a criminal conviction for any purpose. (5) The person executing such service shall note the date of such service on the copy of the summons so delivered or posted. (6) If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose. (b) The city may apply to the circuit court of the city to enjoin a violation or a threatened violation of this chapter without the necessity of showing that an adequate remedy at law does not exist. (c) Any person who violates any provision of this chapter may be liable to the city in a civil action for damages. (d) Without limiting the remedies which may be obtained under this section, any person violating or failing, neglecting or refusing to obey any injunction, mandamus or other remedy obtained pursuant to this section, shall be subject, in the discretion of the court, to a civil penalty not to exceed $2,000.00 for each violation. A civil action for such violation or failure may be brought by the city. Any civil penalties assessed by a court shall be paid into the treasury of the city. (a) With the consent of any person who has violated or failed, neglected or refused to obey any regulation, condition of a permit or any provision of this chapter, the city may provide, in an order issued against such 13 person, for the payment of civil charges for violations in specific sums. Such civil charges shall be in lieu of any appropriate civil penalty which could be imposed under the preceding subsection of this section, civil charges assessed by the city shall be paid to the treasurer of the city. (b) civil charges in lieu of appropriate civil penalties issued in orders against violators of this ordinance shall be assessed as follows: Failure to make proper application for a land disturbing permit, as required by section 11.1-5 of this chapter, within the time limit specified in a duly served notice of permit requirement - Five hundred dollars ($500.00). (2) Failure to comply with the requirements of an approved erosion and sediment control plan within the time limit specified in a duly served notice to comply - One hundred dollars ($100.00), plus one hundred dollars ($100.00) for each violation cited in the notice. Each day for which the violation is continued beyond the date of the issuance of such notice to comply shall constitute a separate offense. (3) Failure to stop all work activities within the time limit specified in a duly served stop work order - one hundred dollars ($100.00), plus one hundred dollars ($100.00) for each violation cited in the notice. Each day for which the violation(s) is continued beyond the date of the issuance of such stop work order shall constitute a separate offense. S11.1-14. Enforcement: evidence: remedies noncumulative. (a) Upon the request of the city, the attorney for the Commonwealth shall take appropriate legal action to enforce the provisions of this chapter. (b) Compliance with the provisions of this chapter shall be prima facie evidence in any legal or equitable proceedings for damages caused by erosion or sediment that all requirements of law have been met and the complaining party must show negligence in order to recover any damages. (c) The remedies provided for in this chapter are cumulative and not exclusive and shall be in addition to any other remedies provided by law. 14 Sec. 11.1-15. Liability for damag~. Neither the approval of a plan under the provisions of this chapter nor compliance with the conditions of such plan shall relieve any person of responsibility for damage to other persons or property or impose any liability upon the city for damage to other persons or property. Sec. 11.1-16. Appeals under chapter. Any final decision of the agent shall be subject to review by the circuit court for the city, provided that an appeal is filed within thirty (30) calendar days from the date of any written decision of the agent, adversely affecting the rights, duties or privileges of an owner, permittee or any person engaging in or proposing to engage in, a land disturbing activity. 3. If any of the sections, paragraphs, sentences, clauses or phrases of this ordinance shall be declared unconstitutional or invalid by a valid judgement or decree of a court of competent jurisdiction, such unconstitutionality shall not affect the validity and entirety of the remaining sections, paragraphs, sentences, clauses and phrases of this ordinance. 4. 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. 15 Roanoke, Virginia April 21, 1997 No. 97-134 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: City Manager's recommendation to repeal Chapter 11, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, and to adopt a new Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979). I. Back,round: Neighborhoods. communities and individual nrooerty owners are all directly affected by the manner in which land development and building construction activities are undertaken and regulated within the City. Development of land and building, construction generally requires the undertaking of a variety of land disturbing activities among which are the following principal activities: 2. 3. 4. Clearing: removal of trees, brush, foliage, etc. Grading: removal of ground cover, grass, top soil, etc., to establish new ground elevations. Excavation: surface and subsurface digging, trenching, etc., to establish elevation for building foundations, utilities, etc. Filling: adding dirt, soil, etc., to lower elevations to raise ground surfaces to higher levels. Land disturbing activities, if improperly regulated, can result in the uncontrolled erosion of land and the movement of sedimentation (mud, silt, etc.) onto and through adjacent and other downstream properties. Public complaints and protests arising from unauthorized land disturbing and building construction activities are frequently received by the City. These incidents occasionally evolve into controversial and time consuming situations between adjacent property owners, developers, builders or contractors, and the City. Members of Council Page 2 The Code of thc Commonwealth of Virt, inia (1950), as amended, in Sections 10.1- 560 (Erosion and Sediment Control) authorizes localities to adopt local ordinances to regulate and control land disturbing activities. City Council adopted an erosion and sediment control ordinance (Chapter 11, City Code) 22 years ago. This ordinance is now outdated and inconsistent with current state erosion and sediment control laws and regulations. II. Current Situation: Erosion and Sediment Control Ordinance as proposed for adoption provides many new and more effective measures to minimize the adverse effects of land disturbing activities on other downstream properties and the land and water resources of the City at large. These new measures include the following: Land development projects not exempted under the provisions of this proposed new Chapter 11.1, Erosion and Sediment Control, shall be required to submit and obtain approval fi.om the City of an erosion and sediment control plan that is consistent with current state erosion and sediment control laws and regulations III. Issues: Proposed new Chapter 11.1, Erosion and Sediment Control, provides for more effective and detailed reeulations to govern the manner in which development projects shall be monitored and inspected by the City. A. Preservation of natural resources. B. Protection of properties adjacent to land development activities. C. Compliance with current laws of the Commonwealth of Virginia. D. Inconvenience to developers, builders and contractors. E. City collection of civil penalties and charges. IV. Alternatives: Anprove the Cit'/Manager's recommendation to repeal Chapter 11, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, and to adopt a new Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended. 1. Preservation of natural resources. Members of Council Page 3 Proposed ordinance will require that City employees responsible for the administration and enforcement of erosion and sediment control regulations be trained and certified for competency by the State Department of Conservation, Division of Soil and Water Conservation (this training and certification has been completed). Proposed ordinance will require all developers, builders and contractors to comply with all current state regulations for the control of erosion. Protection of properties adjacent to and downstream of development projects. Proposed ordinance will provide additional civil penalties and charges that may be imposed on violators. Persistent violators of the new erosion and sediment control ordinance will be subject to civil penalties in the maximum aggregate amount of $10,000. Compliance with curr~nt laws of the Commonwealth of Virglnia. Proposed ordinance is consistent with current state laws governing the control of erosion and sediment. Proposed ordinance will bring the City into compliance with current state erosion and sediment control law. Proposed ordinance has been reviewed and approved by the State Department of Conservation and Recreation, Division of Soil and Water Conservation. Inconvenience to developers, builders, contractors, etc. Proposed erosion and sediment control ordinance has previously been reviewed and approved by a subcommittee composed of City staff and selected members (surveyors, professional engineers, etc) of the Roanoke Regional Home Builders Association. Proposed ordinance will provide new measures to prevent violations and delay of City response to violations at development sites. This will reduce the potential for confrontations and controversy between developers, builders, etc., the City itself, and adjacent or affected property owners in a given area. Members of Council Page 4 Proposed ordinance will provide violators with the additional alternative of paying civil charges for violations in lieu of larger civil penalties that may be imposed by a court of law. 5. City collection of civil penalties and charges. Under the provisions of the City's existing erosion and sediment control ordinance all fines are paid to the State Treasury. Under the provisions of the proposed ordinances, all civil penalties imposed upon violators in a court of law and all civil charges paid by violators in lieu of such civil penalties will be pilid to the City Treasurer, Deny the City Manac, er's recommendation to repeal Chapter 11, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, and to adopt a new Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended. Preservation of natural resources. New provisions and regulations designed to increase the level of preservation of natural resources will not be enacted as a part of the City's current laws and regulations. Protection of properties adjacent and downstream of development pro_iects. City forces will continue to enforce current State law and regulations governing erosion and sediment control without the benefit of clear and consistent local laws, regulations and procedures. Compliance with current laws of the Commonwealth of Virginia. City forces will continue their efforts to comply with the higher standards of enforcement set by the Commonwealth of Virginia under the provisions of inadequate and inconsistent local laws. 4. Inconvenience to developers, builders, and contractors will not be an issue. City collection of civil oenalties and civil charges. All fines imposed by courts of law for violators will continue to be paid to the State treasury. V. Recommendation: Approve Alternative A. thereby approving the City Manager's recommendation to repeal Chapter 11, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended, and to adopt a new Chapter 11.1, Erosion and Sediment Control, of the Code of the City of Roanoke (1979), as amended. Members of Council Page 5 Respectfully submitted, WRH:ERT:mpf attachments W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works City Engineer Chief of Planning and Community Development Erosion and Sediment Control Agent 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) 853-2541 Fax: (540) 853-1~45 SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #27-159-236-237-251-294-468 Richard Dameron, Administrator Virginia Soil and Water Conservation Board Department of Conservation and Recreation 203 Governor Street Suite 206 Richmond, Virginia 23219-2094 Dear Mr. Damoron: I am enclosing copy of Resolution No. 33338-042197 authorizing an application to the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund on behalf of the City for the purpose of obtaining a matching grant to complete digital topographic and orthophoto mapping of the City of Roanoke; authorizing execution of any and all necessary documents pertaining to such application and acceptance of such grant; and authorizing the City Manager to execute an agreement with the U.S. Army Corps of Engineers to continue the mapping project if matching funds become available from either State or Federal sources. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincaraly, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Richard Dameron, Administrator Department of Conservation and Recreation April 25, 1997 Page 2 pc: Robert Willis, District Engineer, U. S. Army Engineer District - Wilmington, 69 Darlington Street, Wilmington, North Carolina 28403 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Manager Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department Steven L. Walker, Manager, Water Pollution Control Plant Samuel Hayes, III, Manager, Utility Line Services Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk ~ndra H. Eakin Deputy C~y C~rk April 25, 1997 File #27-60-159-236-237-251-294-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33337-O42197 amending and reordaining certain sections of the 1996-97 Water, Sewage Treatment, General and Capital Projects Fund Appropriations, providing for appropriation of funds in connection with a grant from the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund, for the purpose of matching City funds to complete digital topographic and orthophoto mapping of the City of Roanoke. The aboveraferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Ma~y F~. arker, CMC/AAE City Clerk MFP:sm Enc. James D. Grisso Director of Finance April 25, 1997 Page 2 pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Philip C. Schirmer, Project Engineer Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department Steven L. Walker, Manager, Water Pollution Control Plant Samuel Hayes, III, Manager, Utility Line Services Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget rN TH~ COUNC~, OF THE CITY OF ROANOKE, V~GENT~ The 21st day of April, 1997. No. 33338-042197. A RESOLUTION authorizing the application to the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund on behalf of the City for the purpose of obtaining a matching grant to complete digital topographic and orthophoto mapping of the City of Roanoke; authorizing execution of any and all necessary documents pertaining to such application and acceptance of such grant; and authorizing the City Manger to execute an agreement with the U.S. Army Corps of Engineers to continue the mapping project if matching funds become available from either State or Federal sources. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager, or his designee, is hereby authorized to execute any and all requisite documents pertaining to the City's application to the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund on behalf of the City for the purpose of obtaining a matching grant to complete digital topographic and orthophoto mapping of the City of Roanoke, as set forth in the City Manager's report dated April 21, 1997, and to furnish such additional information or documents as may be required in connection with the City% application and acceptance of the foregoing grant. All documents shall be approved by the City Attorney. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behaffofthe City to execute and attest, respectively, an agreement with the U.S. Army Corps of Engineers to continue the mapping project mentioned in the above report if matching funds become available fi.om either State or Federai sources and subject to City Council's appropriation of City matching funds. Such agreement is to be in a form approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 1997. No. 33337-042197. AN ORDINANCE to amend and reordain certain sections of the 1996-97 Water, Sewage Treatment, General and 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 1996-97 Water, Sewage Treatment, General and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Water Fund ADt)rooriation Capital Outlay from Revenue (1) ............................... Retained Eamin_.q~ Retained Earnings - Unrestricted (2) ............................ 658,893 $28,357,970 Sewa,qe Treatment Fund ,N3oroDriation Capital Outlay from Revenue (3) ............................... Retained Earnin,qs Retained Earnings - Unrestricted (4) ............................ $ 258,485 $21,867,985 General Fund Appropriation Nondepartmental Transfers to Other Funds (5) ................................. Fund Balance Reserved for CMERP - City (6) ................................ $56,319,135 55,832,360 $ 2,353,849 Capital Proiects Fund Aoorooriation Other Infrastructure Corp of Engineering Mapping Project (7) ....................... $ 7,354,034 100,000 1 ) Corps of Engineering Mapping Project 2) Retained Earnings - Unrestricted 3) Corps of Engineering Mapping Project 4) Retained Earinings - Unrestricted 5) Transfer to Capital Projects Fund (002-056-2178-9041) (002-3336) (003-056-3175-9041 ) (003-3336) (001-004-9310-9508) 6) Reserved for CMERP - City (001-3323) 7) Appropriated from General Revenue (008-056-9654-9003) $ 25,000 (25,000) 25,000 (25,000) 50,000 (50,000) 50,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A'I-rEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: DIGITAL MAPPING PROJECT April 21, 1997 Council Report No. 97-135 Backoround on the subject in chronological order is as follows: City Council authorized execution of an aoreement with the U.S, Army CORDS of Enoineers at its meetino of June 12, 19c,)5. This agreement provided for preparation of topographic and orthophoto maps of the city under the Planning Assistance to States Program. The Plannino Assistance to States Proeram provides for federal matchino funds to held localities SUODOrt maDDino and flood Dlannino activities. A five year program to provide digital topographic and orthophoto maps of the City was developed with the Corps of Engineers. The first year of this project has been successfully completed, and mapping coverage for the northern one third of the City has been completed and received by the City. The second and third year of the program will complete topographic mapping of the city. Mapping of the water and sewer systems will occur in the fourth and fifth year of the program. The City provided $100.000 in fundino in FY 1995-1996, and this amount has been matched with federal funding. Continued city funding of this program for FY 1996-1997 for $100.OOQ has been budgeted with $50.00Q from the Capital Maintenance and Equipment Replacement Program (CMERP) and $25.000 each from the Water Fund and the Sewer Fund. II. Current situation is as follows: City staff has been advised that federal matchino funds may be not be availablo or may be drastically reduced for the current year for the maooino oroiect. The City Manaeer has communicated concern to our Conoressional ReDresentative~ with respect to reduced federal funding of the Planning Assistance to States Program. The Commonwealth of Viroinia Department of Conservation and Recre~ti~)n (DCR) orovides administrative assistance to the CORDS of Enoineer~ fQr thn Plannino Assistance to States Proorarn. Upon learning of the elimination or reduction of current year federal matching funds for this program, representatives of DCR recommended that the City make application for a $100,000 matching grant from the Virginia Soil and Water Conservation Board Flood Protection and Assistance Fund to offset the loss of federal matching funds and allow the mapping project to continue on schedule. The city has Honorable Mayor and Members of City Council DIGITAL MAPPING PROJECT April 21, 1997 Page 2 made a preliminary application for these funds and anticipates favorable consideration by the Board. Final ADDlication for a $100,000 orant from the Flood Protection and Assistancn Fund reouires that the City Council adoot a resolution formally requesting assistance from the fund. Ill. Issues in order of importance are as follows: A. Need B. Cost C. Com[~atibilitv D. Timino E. Fundino IV. Alternatives in order of feasibility are as follows: Adoot the attached resolution reouestina a $100.000 oran/; from the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund for the purpose of matching City funding to complete digital topographic and orthophoto mapping of the City of Roanoke, and authorize the City Manager to execute an agreement with the Corps of Engineers to continue the mapping project if Planning Assistance to States funding becomes available. 1. Need to update city maps with current technology is satisfied. Cost of the maps is one half of the total cost. Matching federal or state grant funds pay one half of the cost Comoatibility of map products is assured. All map products are fully compatible with any future geographic information system that the City may implement, 4. Timino is critical to continue progress of digital map program. Fundino to support the City's share of the cost is available to be transferred to an account entitled "Corps of Engineers Mapping Project" as follows: Honorable Mayor and Members of City Council DIGITAL MAPPING PROJECT April 21, 1997 Page 3 a. Water Fund $25,000 b. Sewer Fund $25,000 c. CMERP $50,000 Do not adopt the attached resolution reauestina a $100.000 ar~nt from the Flood Prevention and Protection Assistance Fund, and only use federal matching Planning Assistance to States funding, if available. 1. Need to update city maps with current technology may be satisfied. Cost of the maps is one half of the total cost. Matching federal funds may pay one half of the cost. Compatibility of map products is assured. All map products are fully compatible with any future geographic information system that the city may implement. Timina is delayed. The project may be delayed or never completed depending on availability of federal funding. Fundina to support the City's share of the cost will remain available but may be used for other purposes. a. Water Fund $25,000 b. Sewer Fund $25,000 c. CMERP $50,000 Recommendation is that City Council concur in Alternative A, and take the following specific actions: AdoDt the attached resolution reauestina a $100.000 oran1; from the Virginia Soil and Water Conservation Board Flood Prevention and Protection Assistance Fund for the purpose of matching city funding to complete digital topographic and orthophoto mapping of the City of Roanoke. Authorize the City Manaaer to execute an aareem~nt with the Corps of Engineers to continue the mapping project if Planning Assistance to States funding is available. ADoroDriate $25,000 from the Water Fund prior years' retained earnings into account 002-056-2178-9041 Corps of Engineers Mapping Project, $25,000 from the Sewer Fund prior year retained earnings into account 003-056-3175- 9041 Corps of Engineers Mapping Project, and transfer $50,000 from the Honorable Mayor and Members of City Council DIGITAL MAPPING PROJECT April 21, 1997 Page 4 General Fund Capital Maintenance and Equipment Replacement Fund to account 008-056-9654-9003 Corps of Engineers Mapping Project. Respectfully submitted, W. Robert Herbert City Manager WRH/PCS/fm Attachments c: City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Water Department Manager, Water Pollution Control Plant Manager, Utility Line Services Mary F. Parker, CMC/AAE c~y clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File #53-60:217-277-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33339-042197 amending and reordaining certain sections of the 1996-97 Capital Projects Fund Appropriations, providing for appropriation of $53,000.00 of procccds from the sale of 1996 bonds to a Capital Projects Fund account, in connection with Kirk Avenue Improvements between Jefferson Street and Market Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. James D. Grisso Director of Finance April 25, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Charles M. Anderson, Project Manager Ellen S. Evans, Construction Cost Technician Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 1997. No. 33339-042197. AN ORDINANCE to amend and reordain certain sections of the 1996-97 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 1996-97 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Capital Improvement Reserve Public Improvement Bonds - Series 1996 (1) ..................... Streets and Bridges Kirk Avenue Improvements (2) ................................ $18,840,636 16,114,678 $14,620,255 53,000 1) Streets and Sidewalks (008-052-9701-9191) 2) Appropriated from Bond Funds (008-052-9708-9001) $(53,000) 53,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A'I-rEST: City Clerk. April 21, 1997 Council Report No. 97-137 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: KIRK AVENUE IMPROVEMENTS (Between Jefferson Street and Market Street) Back.qround on the subject in chronological order is as follows: A. The primary pedestrian connection between Jefferson Street and the Historic, Market Area occurs via this block of Kirk Avenue. In recent years, both Jefferson Street and Kirk Avenue have experienced several closings or relocations of businesses, which has significantly increased the first floor vacancy rate in the area. A relatively large number of pedestrians and similar large number of motor vehicles, particularly service vehicles, use the block between Jefferson and Market Streets on a daily basis. The pedestrian "walkway" is poorly defined along the alley, and not well illuminated after dark. The proposed improvements will lead to an increase in the level of activity between the Historic Market Area and Jefferson Street, and hopefully to West Kirk Avenue beyond, thus encouraging the filling of vacant storefronts and replacement of lost tax revenues from the closed or relocated businesses. In addition, the project will enhance the safety to pedestrians through means of visual separation from vehicular traffic and intensified levels of illumination after dark. The current Capital Improvements Program includes the proposed improvements project under the "Streets and Sidewalk" category and allocates $53,000 for the required work. Several preliminary desiqn concepts were prepared by the staff of the Office of City Engineer and reviewed with representatives of Downtown Roanoke, Inc., and it's planning committee, the Roanoke Arts Commission, and with many of the entertainment and commercial entities that are contiguous to Kirk Avenue (including the Art Museum of Western Virginia, Mill Mountain Theater, NationsBank, Agnew Seed and Wertz's Country Store). The scope of work for the project, based on the approved preliminary concept, entails overlaying the present street with a "patterned" bituminous surface course (asphalt pavement); construction along the north side of Kirk a new concrete walk with a masonry "edge" treatment to visually separate the walk from the "street"; Honorable Mayor and Members of City Council KIRK AVENUE IMPROVEMENTS April 21, 1997 Page 2 construction of three new crosswalks using masonry paver materials at intersections with Jefferson Street, Market Street and mid-block at the entrance to Century Park; additional complementary light fixtures; installation of new "banners" (vertical flags) emblazoned with the proposed "Market District" logo hung from various buildings along the alley; and new hanging flower baskets. To reduce costs, a recommendation is bein.q made to solicit separate quotations for the concrete walks and masonry pavers; the bituminous overlay; light fixtures; and for the banners and hanging baskets. Soliciting separate bids for each major item of work will reduce the overall cost of the project by an estimated 20-25% because it eliminates overhead and profit costs associated with engaging a general contractor. (Quotations will be solicited in the order indicated above until available funds are exhausted.) II. Current situation is as follows: A revised design for Kirk Avenue was reviewed and received a favorable respons, at a presentation held at Downtown Roanoke, Inc., on March 25, 1997. That design incorporated comments that were received in response to previous meetings with interested parties. Bids for the concrete work and bituminous pavement will be solicited in early May. Bids for other work and/or enhancements will be requested as the timing for the concrete and pavement work allows. It is anticipated that all work on the project will be completed in the fall of calendar year 1997. III. Issue~ in order of importance are as follows: B. C. D. Economic development Public safety Potential cost savin_g_~_ Fund nR E. Completion time Honorable Mayor and Members of City Council KIRK AVENUE IMPROVEMENTS April 21, 1997 Page 3 IV. Alternatives in order of feasibility are as follows: Appropriate 953,000 of proceeds from the sale of 1996 bonds into a Capital Projects Fund account from which subprojects (i.e. concrete walks and masonry pavers; bituminous overlay; light fixtures; banners and hanging baskets) can be bid and installed in accordance with documents prepared by the Office of City Engineer. Economic development of the Jefferson Street/Kirk Avenue area will be stimulated as a result of the aesthetic improvements to the alley. 2. Public safety concerns will be reduced. Potential cost savin_p__g~ in soliciting separate bids for major items of work will allow the City to accomplish more work and achieve more desirable aesthetic results in the final product. Fundin,q for the project is being provided through General Obligation Bonds approved by voters in the 1994 bond referendum and available in the 1996 issue. Completion time will be extended under the scenario outlined herein because of the need to obtain separate bids on each major item of work, However, the ability to accomplish a greater scope of work outweighs the increase in time required to complete the project. B. Decline to transfer funds and do not proceed with the project at this time. Economic development will not be stimulated in the Jefferson Street/Kirk Avenue area. 2. Public safety will continue to be a concern. Potential cost savin~qs will be eliminated; overall cost will escalate if project does not move forward. 4. Fundinq would not be available at this time. Completion time will be extended even beyond that anticipated if Alternative "A" is approved. Honorable Mayor and Members of City Council KIRK AVENUE IMPROVEMENTS April 21, 1997 Page 4 Recommendation is that City Council concur with Alternative A, and take the following specific actions: Appropriate $53,000 of proceeds from the sale of 1996 bond~ (account no. 008- 052-9701-9191) to a Capital Projects Fund account entitled "Kirk Avenue Improvements" to be established by the Director of Finance. In addition to the actual cost of construction, these funds will be used for expenses related to publicly advertising the project for bids (approximately $250), and for reproduction costs related to printing and distributing the documents (approximately $150). Sincerely, W. Robert Herbert City Manager WRH/CMA/ca City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations Manager, Supply Management City Engineer Project Manager Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Commissioner of Revenue Mary F. Parker, CMC/AAE c~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File ;~60-192-270-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33340-042197 amending and reordaining certain sections of the 1996-97 General and Civic Center Fund Appropriations, providing for the transfer of $98,027.00 from the Capital Maintenance and Equipment Replacement Program to Roanoke Civic Center, in connection with renovations to the rigging system. The aboveraferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Bobby E. Chapman, Manager, Civic Center Facilities Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 1997. No. 33340-042197. AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 General and Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Aoorooriation Nondepartmental Transfers to Other Funds (1) ................................. Fund Balance Reserved for CMERP - City (2) ................................ $56,367,162 55,880,387 $ 2,305,822 Civic Center Fund AooroDriation Capital Outlay Auditorium Rigging Renovations (3) ........................... Revenue Non-Operating (4) .......................................... 1) Transfer to Civic Center Fund (001-004-9310-9505) $ 98,027 2) Reserved for CMERP - City (001-3323) (98,027) $ 215,671 98,027 $ 1,062,798 3) Appropriated from General Revenue 4) Transfer from General Fund (005-056-8603-9003) $ 98,027 (005-020-1234-0951 ) 98,027 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. A'I-rEST: City Clerk. Roanoke, Virginia April 21, 1997 97-329 Honorable David A Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids for Renovations to Rigging System at Roanoke Civic Center Auditorium, Bid No. 97-3-12 I. Backqround on the subject in chronological order is: Capital Maintenance and Eouipment Replacement Program has identified the need to renovate the existing Rigging System in the Roanoke Civic Center Auditorium. The Rigging System renovations would consist of major repairs and maintenance to mechanisms controlling curtain operation, fire curtain release system, safety cables for light systems counterweights and other related operational requirements. Soecifications were developed and, along with Request for Quotations, were sent to four (4) Firms known to provide this type of repair and service. A public advertisement was also published in The Roanoke Times and The Roanoke Tribune. Bids were received until 2:00 p.m. on March 20, 1997, at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. I1. Current Situation is: Three (3) bid responses were received. A bid tabulation is attached to this report. All bid res onses were evaluated in a consistent manner by representatives of Utilities and Operations, Roanoke Civic Center and Supply Management. Renovations to Rigging System Page 2 Bid No. 97-3-12 III. IV. The lowest bid, submitted by Custom Rigging Systems, Inc. meets all required specifications for the total cost of ~. Issues in order of importance are: A. Need B. Comoliance with Specifications C. Funding Alternatives in order of feasibility are: City Council authorize the award of a contract in a form approved by the City Attorney, for the renovations to the Roanoke Civic Center Rigging System to Custom Rigging Systems, Inc. for the total cost of $98.027.00. Need for renovations is to address major repairs and maintenance to insure safety in the operation of the theatrical equipment at the facility. Compliance with Specifications is met in the response submitted by Custom Rigging Systems, Inc. Funding is designated in the current year Capital Maintenance and Equipment Replacement Program. Need to address repair and safety items in the Rigging of the theatrical equipment in the Roanoke Civic Center Auditorium would not be met with this alternative. Compliance with Specifications would not be a factor in this alternative. Funding designated for this project would not be expended at this time with this alternative. Renovations to Rigging System Bid No. 97-3-12 Page 3 CC: V. Recommendation ~ with Alternative "A" - authorize the award of a contract in a form approved by the City Attorney for Rigging System Renovation at the Roanoke Civic Center to Custom Rigging Systems, Inc. for the total cost of~. ~ from Capital Maintenance and Equipment Replacement Program to Roanoke Civic Center account 005-056- 8603-9003. C. Re'ect all other bids. Respectfully Submitted, W. Robert Herbert, City Manager City Attorney City Clerk Director of Finance Director, Utilities & Operations Management & Budget Manager, Civic Center Manager, Supply Management MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Tetephone: (540) 853-2541 Fax: 1540) 853-1145 SANDRA H. EAKIN Deputy C~I) Clc~k April 25, 1997 File #144-270-361-472 Cavalier Equipment Corporation Magic City Motor Corporation Virginia Public Works Equipment Virginia Truck Center, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 33343-042197 accepting the following bids for the purchase of refuse collection equipment, upon certain terms and conditions; and rejecting all other bids made to the City for such items: Item Quantity and Description Successful bidder Total Number Purchase Price 1 Two (2) new cab/chassis Virginia Truck Center, Inc. $84,312.00 2 Two (2) new side loading refuse Cavalier Equipment $37,500.00 bodies Corporation The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Cavalier Equipment Corporation Magic City Motor Corporation Virginia Public Works Equipment Virginia Truck Center, Inc. April 25, 1997 Page 2 On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; W. Robert Herbert, City Manager James D. Grisso, Director of Finance William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management Kit B. Kiser, Director, Utilities and Operations D. Dam/in Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 1997. No. 33343-042197. A RESOLUTION accepting the bids for the purchase of refuse collection equipment, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Item Quantity and Description Successful bidder Total Purchase Number Price I Two (2) new cab/chassis Virginia Truck Center. Inc. $84,312.00 2 Two (2) new side loading refuse bodies Cavalier Equipment Corporation $37,500.00 2. The City's Manager of Supply Management is hereby authorized and directed to issue any required purchase orders for the purchase of such items, and the City Manager or the Assistant City Manager is authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid items, such agreements to be in such form as shall be approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk ~andra H. Eakin Deputy City Clerk April 25, 1997 File f~60-144-270-361-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33342-042197 amending and reordaining certain sections of the 1996-97 General and Fleet Management Fund Appropriations, providing for the transfer of $61,926.00 and appropriation of $59,886.00, in connection with purchase of certain refuse collection equipment. The aboveraferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 1997. No. 33342-042197. AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Fleet Management 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 General and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Aoorooriation Nondepartmental Transfers to Other Funds (1-2) ............................... Fund Balance Reserved for CMERP - City (3) ................................ $56,329,021 55,842,246 $ 2,343,963 Fleet Manaaement Fund Appropriation Capital Outlay from Revenue(4) ............................... Revenue Non-Operating (5) .......................................... $ 4,439,200 $ 1,115,170 1) Transfer to Fleet Management Fund (001-004-9310-9506) $ 121,812 2) Transfer to Capital Projects Fund 3) Reserved for CMERP - City 4) Vehicular Equipment 5) Transfer from General Fund (001-004-9310-9508) (001-3323) (017-052-2642-9010) (017-020-1234-0951 ) 61,926) (59,886) 121,812 121,812 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. AFl'EST: City Clerk. 97-330 Roanoke, Virginia April21,1997 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids to purchase Refuse Truck Cab/Chassis and Bodies Bid No. 97-2-33 I. ~ on the subject in chronological order is: Capital Maintenance and Eauipment Replacement Prooram has identified the need for two (2) side loading refuse trucks to support the new refuse collection program. ~ were developed and along with Request for Quotations were sent to eighteen (18) truck dealers, body manufacturers and dealers. A public advertisement was also published in The Roanoke Times and The Roanoke Tribune. Bids were rec_~eived until 2:00 p.m. on March 14, 1997 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of Supply Management. I1. Current Situation is: Four (4) bid responses were received. A bid tabulation is attached to this report. All bids were evaluated in a consistent manner by representatives of the following departments: Public Works Solid Waste Management Fleet Management Supply Management Refuse Truck Cab/Chassis and Bodies Page 2 Bid No. 97-2-33 III. IV. C. The evaluation of the bid responses are as follows: 1. Item #1 - The lowest bid for the two (2) Truck Cab/Chassis, submitted by Virginia Truck Center, Inc., meets all required specifications for the cost of $421156.00 per unit. 2. Item #2 - Only one (1) bid was received. That bid, submitted by Cavalier Equipment Corporation, meets all required specifications at a cost of $18. 750.00 per unit. Issues in order of importance are: A. Need B. Compliance with Specifications C. Funding Alternatives in order of feasibility are: A. City Council authorize the purchase of the following equipment: 1. Two (2) new Truck Cab/Chassis from Virginia Truck Center, Inc. for a total cost of $84.312.00. 2. Two (2~ new Side Loading Refuse Bodies to be mounted on above Cab/Chassis from Cavalier Equipment Corporation for a total cost of $37.500.00. a. Need for the requested equipment is to provide collection in areas where it is not feasible to use an automated or semi-automated collection vehicle. The units will also be used for physically unable and premium service collection. b. Compliance with Specifications has been met by the responses recommended in this alternative. Refuse Truck Cab/Chassis and Bodies Page 3 Bid No. 97-2-33 c. Fundino is available as follows: $61.926 in Transfer to Capital Account 001- 004-9310-9508. $59.886 in Current year Capital Maintenance and Equipment Replacement Program. B. Re!ect all Bids. Need for equipment to collect refuse in specific areas and to offer collection service to physically unable and premium collection could not be met in the most efficient manner. Compliance with Specifications would not be a factor in this alternative. Funding designated for this purchase would not be expended at this time. Recommendation Council concur with Alternative "A" - authorize the purchase of Refuse Collection equipment as follows: Two (2) new Truck Cab/Chassis from Virginia Truck Center, Inc. for a total cost of $84.312.00. Two (2~ new Side Loading Refuse Bodies to be mounted on above Cab/Chassis, from Cavalier Equipment Corporation for a total cost of $37.500.00. B. Transfer $121,812 as follows: Transfer $61.926 from General Fund Transfers to Capital Account 001-004-9310-9508 to General Fund Transfers to Fleet Management Account 001-004~9310-9506. Also appropriate $61.926 to Fleet Management Account 017-052- 2642-9010. Refuse Truck Cab/Chassis and Bodies Page 4 Bid No. 97-2-33 CC: ApproPriate $59.886 from Capital Maintenance Equipment Replacement Program to General Fund Transfers to Fleet Management Account 001-004-9310-9506 and to Fleet Management Account 017-052-2642-9010. C. Reject all other Bids. Respectfully Submitted, W. Robert Herbert, City Manager City Attorney Director of Finance City Clerk Director, Utilities & Operations Director, Public Works Management & Budget Manager, Fleet Management Manager, Supply Management Vehicular Equipment Involved In Automated/Semi-Automated Refuse Collection Program Staff has been pursuing opportunities to purchase four used 24-27 cubic yard automated collection vehicles to implement Phase 1 of the city's automated refuse collection program. Three vehicles were located and evaluated in Newport News, Virginia. Staffrecommended purchase of these vehicles at approximately $17,500 each. Generic specifications to purchase used collection equipment were developed, advertised and mailed to all known equipment vendors. The responses are due Friday, April 18, 1997. A thorough evaluation will be done on any vehicle offered by the vendors. Phase 1 of the implementation plan also calls for the retro-fitting of four rearloaders with semi- automated lifting systems, cart dumpers, to service the alleys and other semi-automated areas of the city. The eight lifting packages, two for each vehicle, were awarded to Toter, Inc., at the April 7, 1997, City Council meeting at a total cost of $11,640. Two dumpers per vehicle allow the crews to increase collection time by loading from both sides. The rearloaders to be modified have been identified within the current fleet. Delivery of the lifters is expected within 14-21days of receipt of the purchase order. This will allow the fleet maintenance staff ample time to install and familiarize themselves with the operation of the system. The other equipment necessary for the successful implementation of the new collection system is two satellite vehicles. These vehicles are smaller, 13 cubic yard tmcks, with cart lifter systems mounted on the right side of the vehicles. These vehicles operated by one person will be used to service areas the larger automated vehicles are unable to reach. They may also be used to service the physically unable and premium service customers. These two vehicles are the subject of City Council Report No. 97-330 on the agenda for April 21, 1997. Mary F. Parker, CMC/AAE c~y Clerk CITY OF ROANOKE Office of*the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File ~5-20-60-270-361-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33344-042197 amending and reordaining certain sections of the 1996-97 General and Fleet Management Fund Appropriations, providing for appropriation of $94,752.00, to provide funds for replacement of certain vehicular equipment in the Streets/Traffic Department and the Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. James D. Grisso Director of Finance April 25, 1997 Page 2 pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management William L. Stuart, Manager, Streets and Traffic George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief, Police Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of April, 1997. No. 33344-042197. AN ORDINANCE to amend and reordain certain sections of the 1996-97 General and Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual dally 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 General and Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriation Nondepartmental Transfers to Other Funds (1) ................................. Fund Balance Reserved for CMERP - City (2) ................................ $56,423,773 55,936,998 $ 2,249,211 Fleet Manaqement Fund AoDropriation Capital Outlay from Revenue(3) ............................... Revenue Non-Operating (4) .......................................... $ 4,533,952 $ 1,209,922 1 ) Transfer to Fleet Management (001-004-9310-9506) $ 94,752 2) Reserved for CMERP 3) Vehicular Equipment 4) Transfer from General Fund (001-3323) (017-052-2642-9010) (017-020-1234-0951) $ (94,752) 94,752 94,752 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia April 21, 1997 97-332 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Fund Appropriations from Capital Maintenance and Equipment Replacement Program I. ~ on the subject in chronological order is: Capital Maintenance and Ec~uipment Replacement Program ¢CMERP). has identified the need to replace the following vehicular equipment: 1. One (1) 1-Ton Pickup Truck for Streets/Traffic Department. 2. One (1) Cargo Van for Police Department. One (1) Truck Cab/Chassis with Knuckle Boom Crane for Streets/Traffic Department. Items identified above are necessary to provide for continued performance of duties of the departments requesting the equipment. ~J~.v~/~[, by authority designated by City Council, can approve expenditures of funds up to $75,000 providing these funds have been appropriated or transferred by Council to an operating account. Equipment listed either has already been bid or will be bid in accordance with the procurement section of the Code of the City of Roanoke. Fund Appropriations from CMERP Page 2 I1. III. IV. Current Situation is: A. It is necessary for City Council to appropriate funds from CMERP to provide for the acquisition of the equipment referenced in this report. Issues. in order if importance are: A. Need B. Funding C. Timing Alternatives in order of feasibility are: A. City Council ar~r~ro~riate $94,752 to Fleet Management account 017-052-2642-9010 to provide for the following: 1. $17,850 for One (1) 1 -Ton Pickup Truck for Streets/Traffic Department. 2. $18.250 for One (1) Cargo Van for Police Department. 3. $33.259 for One (1) Truck Cab/Chassis for Streets/Traffic Department. 4. $25.293 for Knuckle Boom Crane to be mounted on above Cab/Chassis. a. Need for the requested equipment has been identified as essential to the operating departments. b. Funding is available in the Capital Maintenance and Equipment Replacement Program to provide for these purchases. c. Timing will allow for the requested equipment to be procured in the most expedient manner. City Council not appropriate funds for requested equipment. Fund Appropriations for CMERP Page 3 CC: Need for the replacement of necessary vehicular equipment would not be met by this alternative. Funding designated for the purchase of equipment requested would not be expended at this time. Timina for the acquisition of requested items or projects would not be accomplished in the most expedient manner with this alternative. Recommendation is that City Council concur with Alternative "A" - to appropriate $94.752 from the Capital Maintenance and Equipment Replacement Program to General Fund Transfers to Fleet Management account 001-004-9310-9508 and to Fleet Management account 017-052- 2642-9010 as follows: A. $17.850 for One (1) 1-Ton Pickup Truck B. $18,250 for One (1) Cargo Van C. $33.299 for One (1) Truck Cab/Chassis $25,293 for Knuckle Boom Crane to be mounted on above Cab/Chassis Respectfully Submitted, W. Robert Herbert, City Manager City Attorney Director of Finance City Clerk Director, Utilities & Operations Director, Public Works Management & Budget Manager, Fleet Management Manager, Supply Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33345-042197. AN ORDINANCE establishing a schedule for election ' i school trustees and public hearings relating thereto and waiving certain provisions of the City Code relating to notice of public hearing and notice of public interview; and providing for an emergency. WHEREAS, public notice of the scheduled April 21, 1997, public hearing to receive the views of citizens as to appointment of school trustees was not published as required by §22.1-29.1, Code of Virginia (1950), as amended (State Code), and §9-20.1, Code of the City of Roanoke (1979), as amended (City Code), due to an error of the publisher; WHEREAS, public notice of the scheduled April 24, 1997, public interview of candidates for school Irustee was not published as required by §9-21 of the City Code, also due to an error of the publisher; WHEREAS, City Council desires to hold the scheduled April 21, 1997, public hearing upon six days no3ice and waive, on this occasion only, the requirement often days notice set out in §9-20.1 of the City Code; WHEREAS, City Council desires to hold the scheduled April 24, 1997, public interview of candidates for school trustee upon nine days notice and waive, for this occasion only, the requirement often days notice set out in §9-21 of the City Code; WHEREAS, Council desires to establish a new public hearing at 2:00 p.m. on May 5, 1997, to satisfy the ten day notice requirement of §22.1-29.1 of the State Code; and WHEREAS, Council desires to elect school trustees at the Special Meeting of May 12, 1997, rather turn on May 5, 1997, as previously scheduled, in order to comply with State Code and City Code; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The provisions of §9-20.1 of the City Code requiring ten days public notice of the April 21 public hearing to receive the views of citizens as to candidates for school trustee are hereby waived and such hearing shall proceed upon six days notice. 2. The provision of §9-21 of the City Code requiring ten days public notice of the April 24 public interview of candidates for school trustee are hereby waived and such public interview shall proceed upon nine days notice. 3. In order to comply with §22.1-29. I of the State Code, an additional public hearing is scheduled for May 5, 1997, at 2:00 p.m. to consider the views of citizens as to candidates for school trustee. The City Clerk shall cause public notice of the May 5, 1997, public hearing to be given at least ten days prior to such hearing by publication in a newspaper of general circulation published in the City. 4. City Council's previously adopted schedule as to appointment of school trustees shall be amended, and election of school trustees shah occur at Council's Special Meeting of May 12, 1997, rather than May 5, 1997, as previously scheduled. The City Clerk shall cause the appropriate notice of this change in Council's school trustee election schedule to be given to the public. 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. WILBURN C. DIBLING, JR. CITy ATI'ORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cityatty@ci.roanokc. va,us April 21, 1997 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMp ASSISTANT CITY A'fTORNEyS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: School Board Appointment Procedure Dear Mayor Bowers and Members of Council: By letter of April 14, 1997, Sandra H. Eakin, Deputy City Clerk, has advised you of a mistake made by ~ in advertising your public hearing as to the election of School Board members. Due to this error, today's public hearing will have only six days notice, rather than the ten days notice required by the Code of Virginia (1950), as amended (State Code),and the Code of City of Roanoke (1979), as amended (City Code). Also, the public interview of candidates scheduled for April 24 will have public notice of nine days, rather than the ten days notice required by the City Code. Section 22.1-29.1, of the State Code provides that a public hearing shall be held seven days prior to the appointment of School Board members and ten days notice of such public hearing shall be given. Section 9-20.1 of the City Code also requires ten days notice of a public hearing to receive the views of the public on school board appointments. The public interview requirement and notice relating thereto are imposed by City Code only. See §9-21. Fortunately, the newspaper's error is one that is correctable although it will require some adjustment of Council's proposed schedule for the election of School Board members. The following schedule, which proposes to conduct the already-advertised public hearing on April 21, is recommended by Mayor Bowers, Mary Parker and myself.' April 21 - Conduct scheduled public hearing on School Board candidates (6 days notice given) The Honorable Mayor and Members of City Council April 21, 1997 Page 2 April 24 - Conduct scheduled public interview of candidates (9 days notice given) May 5 - Conduct second public hearing in order to comply with 10-day notice requirement of the State Code May 12 - Election of School Board members at special meeting currently scheduled to adopt the budget (State Code requires at least 7 days between public hearing and election). The foregoing schedule complies with all State Code requirements and complies with the City Code except as to the six-day notice of the April 21 public hearing and the nine-day notice of the public interview. The inconsistencies with City Code may be waived by adoption of the attached ordinance which also establishes May 5 as the date of the second public hearing required to comply with State Code and May 12 as the new election date for School Board members. Please contact me if you have any questions. With kindest personal regards, I am Sincerely yours, WCD:f Attachment Wilbum C. Dibling, Jr. City Attorney cc: Mary F. Parker, City Clerk WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 April 15, 1997 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E, TEGENKAMP ASSISTANT CiTY A'~FORNEy$ VIA FACSIMILE The Honorable Mayor and Members of City Council Roanoke, Virginia Re: School Board Appointment Procedure Dear Mayor Bowers and Members of Council: By letter of April 14, 1997, Sandra H. Eakin. Deputy City Clerk, has advised you of a mistake made by ~ in advertising your public hearing as to the election of School Board members. Due to this error, the April 21, 1997, public hearing will have only six days notice, rather than the required ten days notice. Also, the public interview of candidates scheduled for April 24 will have public notice of nine days, rather than the required ten days notice. When Mrs. Eakin advised me of the newspaper's error, I believed that the only notice requirement for this hearing was the 10-day requirement set out in §9-20.1, Code of the City of Roanoke (1979), as amended (City Code). Regrettably, I overlooked §22.1-29.1, Code of V~ginia (1950), as amended (State Code), which provides that a public hearing shall be held seven days prior to the appointment of School Board members and ten days notice of such public hearing shall be given. The public interview requirement and notice relating thereto are imposed by City Code only. See §9-21. Fortunately, the newspaper's error is one that is correctable although it will require some adjustment of Council's proposed schedule for the election of School Board members. The following schedule, which proposes to conduct the already-advertised public hearing on April 21, is recommended by Mayor Bowers, Mary Parker and myself: April 21 - Conduct scheduled public hearing on School Board candidates (6 days notice given) The Honorable Mayor and Members of citY Council April 15, 1997 Page 2 April 24 - Conduct scheduled public interview of candidates (9 days notice given) May 5 - Conduct second public hearing in order to comply with 10-day notice reqtfirement of the State Code May 12 - Election of School Board members at special meeting currently scheduled to adopt the budget. The foregoing schedule complies with all State Code requirements and complies with the City Code except as to the six-day notice of the April 21 public hearing and the nine-day notice of the public interview. The inconsistencies with CitY Code may be waived by adoption of the attached ordinance which also establishes May 5 as the date of the second public hearing required to comply with State Code and May 12 as the new election date for School Board members. Please contact me if you have any questions. With kindest personal regards, I am Sincerely yours, WCD:f Attac~anent cc: x/ Mary F. Parker, CitY Clerk Wilbum C. Dibling, Jr. 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) 853-2541 Fax: (540) 853~1145 April14,1997 SANDRA H. EAKIN Deputy Cily Clerk The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Section 9-20.1, Public hearino before appointment of school board members, of the City Code, requires that pdor to the public interview of candidates for school trustee City Council shall hold a public hearing to receive the views of citizens, with public notice of such heating to be given at least ten (10) days prior to the hearing by publication in a newspaper of general circulation in this city. On April 9, a Notice of Public Hearing for School Board Trustee before the Council at its meeting on Monday, April 21, was sent by facsimile to The Roanoke Times for publication on Friday, April 11 (see attached). The City Clerk's Office was notified on Friday afternoon, April 11, by a representative of The Roanoke Times that due to an error in scheduling by the newspaper, the advertisement would not be published until Tuesday, April 15, 1997, giving six days notice of the public hearing. The City Attorney has advised that inasmuch as the requirement for a ten-day notice of the public hearing is a rule of City Council, and not required by State Code, the Council may waive such requirement in this instance and go forward with the public hearing on Monday, April 21, at 7:00 p.m. Should City Council want to proceed with the public hearing scheduled for April 21, the City Attorney will provide a resolution to be adopted at the 2:00 p.m. session of Council on April 21, by which City Council may waive the ten (10) day notice requirement for the April 21, 1997, 7:00 p.m. public hearing. If you have any questions with regard to this matter, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Attachment NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW FOR SCHOOL BOARD TRUSTEE BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing to receive the views of citizens regarding appointment of School Board Trustees at its regular meeting on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. Candidates for School Board Trustee positions are: Sherrie M. Boone, F. B. Webster Day, Marsha W. Ellison, Joann Hamidullah, Sherman P. Lea, and Michael L. Ramsey. The Council will also hold a public interview of candidates for the position of School Board Trustee on Thursday, April 24 1997, at 6:00 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building. The public is invited to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., by 5:00 p.m., on Thursday, April 17, 1997. All questions will be asked by Members of City Council, and Council may ask such proposed questions filed with the City Clerk as the Council, in its discretion, deems advisable. The Council will elect three School Board Trustees for three three-year terms of office commencing July 1, 1997, at its regular meeting on Monday, May 5, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building. Mary F. Parker City Clerk NOTE TO PUBLISHER: Publish in full once in the Roanoke Times, on Friday, April 11, 1997 ~ 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 Fax Note 7671 Date # of - WILBURN C. DIBLING, JR. CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cit yaUy @ ci.r oanoke.va.us April 21, 1997 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Representation of Department of Social Services Dear Mayor Bowers and Council Members: During budget study in the spring of 1996, I reconunended that additional funding be provided to allow this Office to provide more intensive representation of the Department of Social Services (DSS). At that time, I advised you of my opinion that devotion of additional legal resources to representation of DSS would result in considerable cost avoidance to the City. DSS needs vigorous advocacy in opposing extremely costly and inappropriate placement of foster care children which needlessly consumes untold City dollars. DSS also needs more intensive legal representation in defending against "dumping" cases where another locality improperly attempts to transfer its foster care or other social service obligations to the City of Roanoke. Acting on this recommendation which was concurred in by the Superintendent of DSS, the City Council approved a general fund budget, recommended by the City Manager, which included funding for a half-time Assistant City Attorney to represent DSS. Subsequent to advertising and the conduct of interviews of candidates by a panel of representatives of this Office and DSS, Allen T. Wilson was appointed as a half-time Assistant City Attorney dedicated to representation of DSS. I have carefully monitored the performance of Mr. Wilson in his new position, and I can attest to you that Council's decision in funding this half-time position is bearing fruit, both in cost avoidance and in better advocacy of DSS's position before the Courts. By way of illustration, let me summarize one recent success. In this case, a child from a nearby county was removed from the custody of her biological parents. Later, custody of the child was awarded to foster parents, and the county DSS was ordered to supervise the placement. The foster parents then moved to the City of The Honorable Mayor and Members of City Council April 21, 1997 2 Roanoke and applied for an unattached child grant which required the City Depa~'tment to perform a home study and provide case management. When the City Social Worker contacted the county, the City worker was informed that the case had been closed notwithstanding the court order that the county DSS supervise the case. The foster parents then decided to move out of State and asked the City Depa~haent to remove the child from their home. Thereafter, a friend of the child filed for custody of the child in the county because the case had never been transferred out of the County Juvenile Court. The child was temporarily placed in the custody of her friend, but, because the placement with the fxiend did not work out, the child was removed and placed with the Baptist Children's Home in Salem. A county social worker then took a form to the child's friend so that her petition for custody could be withdrawn without a legal hearing. Because Assistant City Attorney Wilson and the City Depa~'tment had not been put on notice that the custody hearing had been canceled, they appeared and were able to explain the situation to the Judge who reopened the matter and scheduled a full hearing. At the hearing on this matter, the county contended that the child should be in the custody of the City. Roanoke City took the contrary position. After hearing the argument of counsel, the Judge agreed with the City and placed the child in the custody of the county DSS. If the City Depash~ent had not had the benefit of vigorous legal representation, it is obvious to me that this child would have ended up in custody of the City Depa~hxtent or worse yet out of state and not being supervised by any agency. In this case, the action of our Assistant City Attorney resulted in considerable savings to the City. The child is fifteen years of age and disabled, and, based upon her education level, could be expected to remain in agency custody until age nineteen. Under these circumstances, the cost avoided is in the range of $18,000 for regular foster to $84,000 for specialized foster care. City Council's decision to fund a half-time (twenty hours per week) Assistant City Attorney to represent DSS is proving extremely cost effective. In this one case alone, our new attorney has earned his annual salary. Of course, this type of success can be expected to repeat itself numerous times during any fiscal year. Moreover, this Office's vigorous representation of our Depa~hllent should have a deterrent effect as to depa~h,,ents of surrounding jurisdictions that might seek to dump their problems on the City of Roanoke. The Honorable Mayor and Members of City Council April 21, 1997 3 Finally, Council should know that the Judges of the Juvenile and Domestic Relations District Court for the City of Roanoke are extremely pleased with the Depa~huent's new representation, and, in tiffs regard, I am attaching a copy of Judge Bounds' letter of April 10, 1997. Because the Department's position is now being better advocated, this leads to better judicial decision making which is to the benefit of the children as well as the Department. Thank you for the oppommity to provide this informati°n on the successes of our new Assistant City Attorney. I also wish to thank the City Manager, Director of Htunan Development and Superintendent of Social Services for their support and cooperation in this new initiative. I will be pleased to address any questions Council may have with respect to this matter. With kindest personal regards, I am Sincerely yours, Wilbum C. Dibling, Jr. City Attorney WCD:f Attachment CC: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Superintendent, Social Sen, ices Allen T. Wilson, Assistant City Attorney TWENTY-THIRD JUDICIAL DISTRICT OF VIRGINIA April 10, 1997 Corinne B. Gott, Superintendent Department of social Services 215 WeSt Church Avenue, Room 307 Roanoke, virginia 24011 RE: Allen Wilson, Assistant City Attorney-Department of Social Services Dear Corinne: On the morning of April 10, 1997, Allen Wilson represented the Department of Social Services on a termination of parental rights. MS. Sherry Bonds was the social worker. It was a difficult case as we had a biological mother and three biological fathers, all of whom the Department of Social Services was seeking to terminate parental rightS. The addition of Allen Wilson, as an Assistant City AttOrney assigned to your office, is a breath of fresh air. This case was well prepared and tried from both the City of Roanoke perspective and that of the parties involved. To say the least, Allen has taken the Department of Social Service to another level in court which is more in keeping with what should be expected of your fine department. Perhaps my decision was not totally in favor of the Depart/nent of social Services but I want to emphasize that the presentation of the case and the preparation by both Allen Wilson and Sherry Bonds indicated a complete understanding of the matter. This quality of preparation directly reflects on all parties and in addition it makes for a better decision on my part. Gott ADril 10, 1997 Page 2 You are to be comDlement~d in your caDacity of superintendent, in addition to Allen Wilson and Sherry Bonds, for a job well done.' /~o~ph p, Bounds J~B/jwl~ / Judge C: Mr. will Dibling, City Attorney Mayor David Bowers 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File ~27-217 J. Lyndon Wall, President Bryant Electric Co., Inc. P. O. Box 4819 Archdale, North Carolina 27263-4819 Dear Mr. Wall: I am enclosing copy of Ordinance No. 33347-042197 accepting the bid of Crowder Construction Co., in the amount of $1,865,800.00, for the Tinker Creek Interceptor Connection Project, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. 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. 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) 853-2541 Fax: 1540) 853-1145 S4. NDRA H. EAKIN Depuly Cily Clerk April 30, 1997 File #27-217 Tony B. Blevins, Vice-President Crowder Construction Co. P. O. Box 3246 Bristol, Tennessee 37620 Dear Mr. Blevins: I am enclosing copy of Ordinance No. 33347-042197 accepting the bid of Crowder Construction Co., in the amount of $1,865,800.00, for the Tinker Creek Interceptor Connection Project, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Tony B. Blevins, Vice-President Crowder Construction Co. April 30, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue Randolph M. Smith, City Manager, 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 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Project Manager Ellen S. Evans, Construction Cost Technician Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNC~ OF THE CITY OF ROANOKE, VIRGrN~& The 21st day of April, 1997. No. 33347-042197. AN ORDINANCE accepting the bid of Crowder Construction Company for the Tinker Creek Interceptor Connection Project upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City offeials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Crowder Construction Company in the total amount of $1,865,800.00, for the Tinker Creek Interceptor Connection Project as is more particularly set forth in the April 21, 1997, report to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to b~ in such form as i.* approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual dally 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. MaW F. Parker, CMC/AAE c~y cbrk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File #27-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33346-042197 amending and reordaining certain sections of the 1996-97 Sewage Treatment Fund Appropriations, providing for the transfer and appropriation in the total amount of $1,865,800.00, for construction of the Tinker Creek Interceptor Connection to the Water Pollution Control Plant. The abovereferenced measure was'adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. James D. Grisso Director of Finance April 25, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Steven L. Walker, Manager, Water Pollution Control Plant William F. Clark, Director, Public Works Charles M. Huffine, City Engineer L. Bane Coburn, Project Manager Ellen S. Evans, Construction Cost Technician Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Roanoke, Virginia April 21, 1997 Council Report No. 97-138 The Honorable David A. Bowers, Mayor and Members of City Council SUBJECT: BID COMMITTEE REPORT TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA Dear Mayor Bowers and Members of City Council: We, the undersigned Bid Committee, hereby submit the attached Bid Committee Report and recommend it to you for approval. Respectfully subrl;[itted, ~n~. 15arrott, Chairman Carroll E. Swai~t' William F. Clark Kit B. Kiser JHP/LBC/fm Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets Manager, Supply Management Commissioner of Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt The Honorable David Bowers, Mayor and Members of City Council Roanoke, Virginia April 21, 1997 Council Report No. 97-138 SUBJECT: BID COMMITTEE REPORT TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA Dear Mayor Bowers and Members of City Council: I concur with the Bid Committee recommendations relative to the above project and recommend it to you for appropriate action. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/fm Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager of Community Relations City Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets Manager, Supply Management Commissioner of the Revenue Manager, Water Pollution Control Plant City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Adminstrator, County of Botetourt April 21, 1997 Council Report No. 97-138 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA ~ on the subject in chronological order is as follows: Bids, followino oroDer advertisem~13t,S, were publicly opened and read aloud by D. D. Roupe, Manager of Supply Management, on March 19, 1997, at 2:00 p.m. Bo Two {2) bids were received with Crowder Construction Company of Charlotte, N,C,, submitting the Iow bid in the amount of $1.865.800 and a specified time of completion of 180 consecutive calendar days, C. Proiect consists of the followirig: Connection to the siphon box on the plant side of Roanoke River which is the termination point of the Tinker Creek Sewer Project. Provide and install approximately 1245_+_ feet of 54" reinforced concrete sewer pipe from the siphon box to a junction box at the plant present headworks structure. The junction box receives the 54" Tinker Creek sewer line, the 66" Roanoke River Sewer line and connects to the existing plant headworks. An additional sleeve pipe will be built into the junction box to connect to the new headworks and new sewer pump ~n the plant expansion contract. One new pump station will also be built in the work of this contract to pump effluent from several basins whenever they need to be emptied for service or improvement. II. ~ is as follows: A. ' ' and contract needs to be executed. Honorable Mayor and Members of City Council BID COMMITTEE REPORT TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA APRIL 21, 1997 Page 2 II1. Issues in order of importance are as follows: A. Bo Comoliance of the bidders with the requirements of the contract documents for bidding. Amount of the Iow bid. Fundina of the project. Time of completion. IV. Alternatives in order of feasibility are as follows: Award a lumo sum contract to Crowder Construction Company of Charlotte, N.C., in the amount of $1.865.800 and a specified time of 180 consecutive calendar days for the Tinker Creek Interceptor Connection in accordance with the contract documents as prepared by Mattern & Craig, Inc., Consulting Engineers · Surveyors of Roanoke, Virginia. with the requirements of the contract documents for bidding was met. Amount of the Iow bid is accentabl~.. The Iow bid exceeds the estimated cost of the project by 55%. We have talked with our consultant and the Iow bidder to discuss the bid and both have agreed that the project is considerably more complicated than originally thought. Several items were cited for the additional costs. a. Considerably more bi-pass pumping is required than estimated. Depth of sewer pipe and the fact that it is below the water level of the river. Extensive shoring required due to the existing piping that must be held in place. Since this sewer line is the deepest to be installed along the river, it is advantageous to have this pipe in place before the piping connected with the plant expansion is started. Honorable Mayor and Members of City Council BID COMMITTEE REPORT TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA APRIL 21, 1997 Page 3 Fundino for the City shar~ of the project in the amount of ~822.002 is available in Account Number 003-056-8465-9001 (Sewage Treatment Plant Expansion Bonds - 1994) with ~ being funded by the other jurisdictions involved. The connection to the siphon box of the Tinker Creek Trunk Line on the plant site, the pipe and installation to the junction box at the headworks are part of the Tinker Creek Interceptor Sewer. The junction box at the headworks, that receives the Tinker Creek & Roanoke River Sewer lines, plus the plant Drain Pump Station and the 24" pipe connection are part of the plant expansion. The City share of the project is as follows: Tinker Creek interceptor Connections Junction Box at Headworks Plant Drain Pump Station, etc, Total Bid: $1,465,800 200,000 $1.865.800 Tinker Creek Interceptor 45.9% x $1,465,800.00 Plant Expansion 37.3% x $400,000 City of Roanoke's Share $ 672,802 $ 822,002 City of Roanoke Share Roanoke County Share Botetourt County Share Town of Vinton Share City of Salem Share $ 822,002 599,048 322,626 38,524 83.6QQ $1,865,800 ~13~zLc, gZO~Q is specified as 180 consecutive calendar days, which is acceptable. Reiect the bids and do not award a contract at this time. Comoliance of the bidders with the requirements of the contract documents for bidding would not be an issue. ~ would probably not decrease appreciably if re-bid at a later date, The project is just more difficult than originally estimated, Honorable Mayor and Members of City Council BID COMMITTEE REPORT TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA APRIL 21, 1997 Page 4 Fundino would not be encumbered at this time. Time of comoletion would be extended. If this occurs then this work would interfere with the plant pipe installation that also must be accomplished in the same plant area (under the road on the river side plus the area from the edge of road to the river bank), V. Recommendation is as follows: City Council concur with Alternative "A" and take the following action: Authorize the City Manaoer to enter into a contractual aoreernent, in form approved by the City Attorney, with Crowder Construction Company of Charlotte, N.C., for the construction of the Tinker Creek Interceptor Connection in accordance with the contract documents as prepared by Uattern & Craig, Inc., Consulting Engineers · Surveyors in the amount of $1.865,800 and 180 consecutive calendar days. ~5~ for the City's share of this agreement from Sewage Fund Account Number 003-056-8465-9001 to a new account entitled Tinker Creek Interceptor Connection, to be established by the Director of Finance. Appropriate $1.043.798 to the same account from funds to be provided from the other localities for total funding of $1.865.800. Establish an account receivable in the same amount. C. Reiect the other bid received. LBC/fm Attachments CC: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Assistant to City Manager for Community Relations City Engineer Honorable Mayor and Members of City Council BID COMMITTEE REPORT TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA APRIL 21, 1997 Page 5 Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Office of Supply Management Manager, Water Pollution Control Plant Commissioner of Revenue City Manager, City of Salem Town Manager, Town of Vinton County Administrator, County of Roanoke County Administrator, County of Botetourt TINKER CREEK INTERCEPTOR CONNECTION WATER POLLUTION CONTROL PLANT ROANOKE, VIRGINIA Bids opened before D. Darwin Roupe, Manager, Office of Supply Management, on Wednesday, March 19, 1997, at 2:00 p.m. BIDDER LUMP SUM BOND NO. OF DAYS Crowder Construction Company $1,865,800.00 YES 180 Bryant Electric Company, Inc. $1,989,000.00 YES 180 Estimated Cost: $1,200,000.00 Mattern & Craig, Inc. Consulting Engineers * Surveyors 701 First Street, S.W. Roanoke, VA 24016 Office of City Engineer Room 350, Municipal Bldg. 215 Church Avenue, S.W. Roanoke, Virgima April 21, 1997 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May 14, 1997 SANDRA lq. EAKIN Deput~ City Clerk File #9-20-77-99-270.236.316-326-379 Gilbert E. Butler Temporary Chair City Planning Commission 2416 Wyctiffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. But/er: A report of the City Planning Commission with regard to a study on the future of transportation in Western and Southwestern Virginia, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. On motion, duly seconded and un ' recommendation of th . anfmously ado ted · of the recommendo,,e~_Ci_~ Plan.n.,ng Commission to en;Polrs~: ,2°-u_ncfl. c~..ncurred in the · ,=,,,~, ~upporting ro ose . . ,~ u,, report with the exce · Restoration Act referred to as 'STEI:,P. ,.._?_,'_e..g,slat,on known as the ISTEa ,..,~_b.o.n Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Daniel G. Oakey, Vice-President, Roanoke Regional Chamber of Commerce, 212 S. Jefferson Street, Roanoke, Virginia 24011 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven j. Talevi, Assistant City Attorney William F. Clark, Director, Public Works John R. Marlles, Agent, City Planning Commission Martha p. Franktin, Secretary, City Planning Commission Roanoke City Planning Commission April21,1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Study on the Future of Transportation in Western and Southwestern Virginia On March 19, 1997, Mr. Bud Oakey, Vice President of the Roanoke Regional Chamber of Commerce, briefed the Roanoke City Planning Commission on the attached report prepared by the Chamber's Kegional Transportation Committee. The committee is made up of representatives of local governments, four Planning District Commissions, the Virginia Department of Transportation, one member of the Commonwealth Transportation Board, and representatives of the business community. The report includes recommendations to improve the region's transportation infrastructure including highways, public transportation, airports, rail, bikeways, and greenways. Mr. Oakey stated that the transportation committee's mission in relation to the study was to perform a study of the transportation infrastructure needs within the New Century region and beyond. He said that the committee would define priority projects for implementation of a regional transportation plan. He said that the region being considered included the cities and towns within the counties of Allegheny Highlands, Rockbridge, Botetourt, Craig, Roanoke, Bedford, Amherst, Campbell, Pittsylvania, Franklin, Henry, Patrick, Floyd, Carroll, Montgomery, Pulaski and Giles. He further noted that for use in the study "infrastructure" had been defined roads, rail, air, and alternative modes, with additional consideration being given to freight and passenger intermodal facilities. He said the basis of the study were the recommendations of the New Century Council, VDOT's 6-year improvement plan, VDOT 2010 plan, and long-range plans prepared by the West Piedmont, Fifth, Central Virginia, and New River Valley Planning District Commissions. After considering the matter and the attached staff report, the Roanoke City Planning Commission voted 4-0 (Mrs. Coles and Mrs. Duerk absent) to recommend that Roanoke City Council endorse the report with the exception of the recommendation supporting the proposed legislation known as the ISTEA Integrity Restoration Act referred to as the "STEP 21" legislation. While members of the Commission support many aspects of the proposed STEP 21 legislation, the existing proposal does not include dedicated Federal funding programs for community enhancements, clean air projects, safety improvements and bridge repairs created by the original ISTEA legislation approved by Congress in 1991. Members of the Commission also commended Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 8!53-2344 the Regional Chamber of Commerce for taking the leadership position on one of the most significant representations of regional cooperation. Respectfully submitted, Gilbert E. Butler, Temporary Chairman Roanoke City Planning Commission GEB:JRM:mpf attachments cc: Assistant City Attorney City Traffic Engineer Bud Oakey, Regional Chamber of Commerce Roanoke City Planning CommiSSiOn March 19, 1997 Roanoke City Planning Commission Roanoke, xr~rginia Subject: Study on the Future of Transportation in Westem and Southwestern ~r~rginia Dear Members of the Commission: Mr. Bud Oakey, Roanoke Regional Chamber of Commerce, will be briefing you on the above-referenced report (mailed under separate cover) at your special meeting on March 19, 1997. The report waa prepared by the Chamber's Regional Transportation Committee made up of representatives of local governments, four Planning District Commissions, the Virginia Department of Transportation, one member of the Commonwealth of Transportation Board and representatives of the business community. ,: The report includes recommendations to improve the region's transportation infrastructure including highways, public transportation, airports, rail, bikeways and greenwaya. The report focuses on those projects of regional significance in western and southwestern Virginia. The report also supports efforts to enact federal legislation known aa the ISTEA Imegrity Restoration Act referred to as the "STEP 21 legislation." A staff report prepared by the FitCh Planning District Commission is attached for your information. As pointed out in the attached staffreport, STEP 21 proposed to eliminate many of the dedicated Federal funding programs for community enhancements, clean ah' projects, safety improvements and bridge repairs created by the original ISTEA legislative approved by Congress in 1991. · Staff recommends that the Roanoke City Planning Commission support the report with the exception of the portion dealing with the STEP 21 proposal. Staffwill be glad to answer an3/ questions at your special meeting on March 19, 1997. Respectfully submitted, o .~M~es, Agent Roanoke City Planning Commission JRM/ga Attachment Assistant City Attorney City Engineer Building Commissioner Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 STAFF REPORT Subj: Advantages and Disadvantages of STEP 21 Proposal The federal Int~,~odal Surface Transportation Efficiency Act (ISTHA) of 1991 has revolutionized the way federal transportation funds are disburseiL ISTEA has given localities more authority in determining how federal transportation fund~ can be spent. This Act places a strong emphasis on developing alternative modes of transpot'mtion. September 30, 1997 ISTEA will expire. One of the many proposals to replace ISTEA is the S~'eamlined Transportation Efficiency Program for the 21'* Century, also known as STEP 21. This program h:te be~ proposed by a coalition of 20 or so "donor" states including the Commonwealth of Vir~ni~ Donor states are defined as states currently contributing more to the federal Highway Trust Fund (HTF) than they receive in return For instance, the Commonwealth of Virginia was expected to receive only 79 cents in return for every $I sent to the I-1TF in 1996. The core policies and principles of the STEP 21 coalition support a more equitable balance between payments made to and funds received from the federal Highway Trust Fund (HTF). STEP 21 would like to see a reduction in the overall number of federal highway program categories with an expansion of funding flexibility and Wan~ferability. It also proposes to change the funding distribution formula from the existing population- based formula to a formula based on vehicle-miles traveled and fuel consumption. Advantages of STEP 21: 1. Increase Vir~nia's funding share through a revised distribution formula 2. Simplify program operation 3. Provide additional discretion and flexibility for Virginia's transportation agencies 4. Increase Virginia's rate of return to 95 cents on its contributions to the Highway Trust Fund In late 1996, the Virginia Association of Plauning District Commissions (VAPDC) submitted a list of questions to the Virginia Deparlment of Transportation (VDOT) regarding the details of the STEP 21 proposal. After reviewing VDOT's responses, the staff recognized some possible disadvantages. They are presented below: Disadvantages of STEP 21: 1. The guaranteed funding for transportation enhancements, safety, Congestion Mitigation and Air Quality Improvement Program (CMAQ), Bridge Program and Interstate Maintenance Program will be eliminated. 2. Transit, transportation enhancement, CMAQ-related, safety, bridge and other highway projects would compete with each other for funding. 3, Preparation of the financially constrained Long-Range Tram'portal/on Plan and Transportation Improvement Program may not be feasible. 4. The STEP 21 proposal does not address the issue of Wansit and para-transit agencies' operating costs. Many transit and para-transit agencies depend on the operating subsidies to provide services. Despite the many proposals, the staff believes the following issues are critical to the reauthorization of IS'rEA scheduled in 1997, especially in relation to communities and agencies within the Fifth Planning District: 1) The current federal Highway Trust Fund (HTF) allocation formula indicates that the Commonwealth of Virginia receives approximately 79% return on payments made to the federal HTF. The return on payments made to the federal (HTF) should be increased to ensure equity to Vir_~nla's taxpayers. 2) The ISTEA Enhancement Program should be continued to support and promote various types of non-traditional transportation projects. Many ISTEA Enhancement funded projects play a pivotal role in building livable communities throughout the Fifth Planning District. 3) The current ISTEA Bridge Program and Management System should be maintained to ensure mobility and accessibility of people and the movement of goods through out the natiom Well maintained bridges are essential in providing accessibility and mobility for many of our rural residents. 4) The ISTEA reauthorization should include dedicated federal funds for mass and para-transit operation and provision for public-private innovative financing programs. These operating funds are critical in maintaining existing transit services and intermodal connections. Transit services enhance an urban area's quality of life by helping to reduce air pollution and increase modal choices for many individuals. 5) A "new" category of funds to address the issue of Intermodal Freight Facilities should be included in the next ISTEA reauthorization. These facilities often serve as the driving force ora regional economy. 6) The Rail Highway Protective Devices Fund and the Railroad Highway Grade Separation Fund need to be preserved. Norfolk Southern Corp. and CSX Railroad Company have a strong presence within the Fifth Planning District. 7) A formula based on equity for the distribution of future federal funds in all categories within the state should be developed jointly between the federal transportation agencies, state DOTs, and their respective MPOs. STUDY ON THE FUTURE OF TRANSPORTATION In SOUTHWESTERN AND SOUTHSIDE VIRGINIA FLC,~ ) [:a,~ B r"9 F~O ';'. Final Report December 5, !996 Prepared by: The Roanoke Regional Chamber of Commerce Regional Transportation Committee Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 In 1995, the Roanoke Regional Chamber of Commerce agreed to take on the responsibility to work for the implementation of the New Century Council's transportation priority recommendations. The Chamber's Board of Directors viewed this task as a continuation of its on-going activities to strengthen Southwestern and Southside Virginia's transportation infrastructure and economic future. In that effort, the Chamber has committed major financial and staff resources to this task and appreciates the strong volunteer involvement required to bring together the following recommendations. The committee acknowledges that money to build, maintain and improve the region's transportation infrastructure is limited. Working together, we have and will produce results. The Chamber's Regional Transportation Committee is made up of representatives of a larger region who are located in a sixteen-county area. Members of the committee are made up of representatives of local governments, four planning district commissions, the Virginia Department of Transportation, one member of the Commonwealth Transportation Board and representatives of the business community. With over fifty members on the committee they have worked diligently to identify those projects of regional significance and prioritize what is felt to be the most significant transportation projects to be dealt with today. To perform this study the committee prepared the following mission and guidelines to work within to complete its task. The Mission of the Transportation Committee of the Roanoke Regional Chamber of Commerce is to perform a study of the transportation infrastructure needs within the New Century Region and beyond. The Transportation Committee will define priority projects for implementation ofa regional transportation plan. The region being considered by the Transportation Committee includes Alleghany, Rockbridge, Craig, Botetourt, Roanoke, Bedford, Amherst, Campbell, Pittsylvania, Franklin, Henry, Patrick, Floyd, Carroll, Montgomery, Pulaski and Giles Counties of Virginia. For use in this study, infrastructure will be defined as, roads, rail, air, and alternative modes. Additional consideration should be given to passenger and freight Intermodal facilities. The committee will use the recommendations of the New Century Council, Virginia Department of Transportation Six Year Improvement Plans, VDOT 2010 Plan and long range plans prepared by the West Piedmont, Fifth, Central Virginia and New River Valley Planning District Commissions as a basis for beginning this study. The committee realizes that the Commonwealth of Virginia in its entirety has a serious problem to tackle in funding statewide transportation needs and is working with other business organizations throughout the Commonwealth to help develop a statewide strategy working to complement the work of the Commission on the Future of Transportation in Virginia. In partnership with the Virginia State Chamber of Commeme, the Commonwealth Transportation Alliance has been created. The Alliance will work to focus attention on transportation needs and to provide cohesion to various initiatives similar to that of this committee. With the completion of this study the committee looks to educate the citizens, the business community, civic and government leaders throughout Southwestern and Southside Virginia about the critical importance of transportation to our region's capacity to compete for domestic and international business. The committee looks to provide throughout our region a forum for discussions and consensus development among those interested in transportation improvements. The committee will work to assure that the priority needs identified within Southwestern and Southside Virginia are a part of an overall plan for the Commonwealth of Virginia. Finally, the committee will work with other Chamber's of Commerce, the Commonwealth Transportation Alliance and the Commission on the Future of Transportation in Virginia to present a preliminary report prior to the beginning of the 1998 session of the Virginia General Assembly. The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 2 Prior to formally presenting its recommendations the committee would recognize the problem of funding future transportation needs within Virginia. The fn'st step to properly deal with funding is in support of efforts in Congress to more fairly distribute proceeds from tax revenues collected at the gas pumps. With the exception of West Virginia and Delaware, which are donee states, and Maryland, which is borderline back and forth, every state in the Southern Governors' AssociationI (SGA) is a donor state into the transportation regime at the federal level. As a donor state, this means Virginia gets back less money than it puts in. The vast majority of the SGA states have been working for several months on legislation that would (1) simplify federal transportation programs, devolving much greater discretion to the states; and (2) address the fundamental funding inequity situation. e Chamber s transportat on committee supports the efforts of Virginia's United States Congressional delegation and more specifically Senator John Warner in their effort to enact legislation known as the ISTEA Integrity Restoration Act referred to as the "STEP 21 legislation." The lntermodal Surface Transportation Efficiency Act of 1991 (ISTEA) provided a good foundation for transportation policy, but fell short in unfulfilled funding promises, formulae inequities, excessive regulations and too many categorical set-asides. STEP 21 will help to address these problems in the following manner. It is in the national interest to ensure integrity of the National Highway System CNHS). While the NHS is not the only Federal interest in surface transportation, it is perhaps the most prominent. STEP 21 provides increased program emphasis. Fully 40 percent of apportionments would be directed to NHS. This NHS component of STEP 21 would continue to be distributed by formula, which is based on total highway lane mileage, vehicle miles traveled and diesel fuel consumption and other factors. 2. The NHS formulae is three-fold: a. One-third is based on the proportionate total public highway lane miles in each state. b. One-third is based on total vehicle miles of travel--VMT--in each state, to reflect intensity of use. In both of these components, urban mileage and VMT receive a greater weight. c. The third component of NHS is based upon total statewide diesel fuel consumption. The funding formulae must be more equitable. Under ISTEA, funds continue to be apportioned based on 1980 Census data, perpetuating distortions. Under the existing formulae, during 1996, Virginia received 79 cents for every dollar in transportation taxes we sent to Washington. South Carolina received 65 cents on the dollar. There is no justification for continuing such severe imbalances in perpetuity. STEP 21 replaces the myriad of adjustments in the current formulae with a single, 95% return guarantee to every state. 1 The Southern Governors' Association is a private, nonprofit organization, whose mission is to provide a bipartisan, regional forum to help shape and implement national policy as well as meet state and regional challenges to enhance the region's competitiveness. Its members include the Governors of Alahama, Arkansas, Delaware, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, Puerto Rico, South Carolina, Tennessee, Texas, the U.S. Virginia Islands, Virginia, and West Virginia. The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 3 Nonetheless, there is a national interest in providing a funding supplement to protect the basic highway systems in large land area, Iow population, and small land area, low population states. STEP 21 would provide such states with an apportionment supplement. States like Delaware, North Dakota and Montana would be held harmless under the STEP 21 proposal. Thus, we recognize that the needs of the nation require that certain states--Virginia included--will remain "donors." However, such a donor condition must be at a reasonable level. The transportation program must be simplified, with fewer categorical set-asides. The Streamlined Surface Transportation Program--SSTP--would constitute the other 60 percent of the overall STEP 21 regime. It would provide "no strings attached" funding so all states can respond to their specific needs. SSTP monies would go to states in amounts equal to the percentage of total payments from each state to the Trust Fund for the most recent year available. Funding would be transferable among modes and between the NHS and SSTP at state discretion, providing maximum flexibility. So, for example, ifa state wished to invest heavily in meeting transit needs, they would be able to do so. STEP 21 does not repeal the state and local planning relationships established by ISTEA. It continues the current relationships between the states and the large metropolitan areas within them. Step 21 is a beginning to realizing greater revenues in Virginia to meet our long term needs. It is important that legislation which replaces ISTEA include considerations for Greenway and Bikeway development, separate bridge development and maintenance programs, public transportation incentive funding, and an alternative Intermodal facilities program. During 1997, it is important that the Chamber works to continue to develop a coordinated approach to the region's transportation needs. An active participation with the Commission on the Future of Transportation in Virginia is imperative to assure that Southwestern and Southside Virginia is treated equitable. The Chamber opposes any changes to the transportation trust fund funding formula which detracts from existing funding pementages to the region. Additionally, the Chamber opposes any changes to the Transportation Trust Fund funding formula which would transfer funds from the Transportation Trust Fund to the state's general fund. During the past two decades, the cost of regulatory compliance for the transportation industry has increased at a far greater pace than the actual cost for transportation improvements. The Chamber supports the creation of a study commission to investigate the rapid increased cost of regulatory compliance for transportation improvements to determine methods to achieve environmental as well as other regulatory compliance requirements while reducing the financial burden on the Commonwealth. Finally, the Chamber encourages the Secretary of Transportation, the Commonwealth Transportation Board and the Virginia Department of Transportation to continue its efforts to investigate and create public private parmemhips which will provide greater opportunities for investment in Virginia's The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 4 Highways In many cases our region is dependent on roads designed and built over fifty years ago, yet those same roads are expected to safely handle 1990s traffic. The longer our highways and bridges are expected to go without routine maintenance the more costly that expense will be to the Commonwealth. The more traffic our roads are expected to handle, the less safe they will be to the region's citizens and businesses and the less attractive our region will be for expansion and retention of existing and new industries. The United States Department of Transportation projects that to address the nation's overall highway needs fi.om 1998 - 2002, $357.5 billion will be needed.1 Overall, the transportation committee has identified 46 regional road projects with an estimated price tag of almost $3 billion. The Committee realizes that it can not expect the General Assembly or the Commonwealth to deal with that many projects immediately. With that realization the has narrowed those requests down to six improvement projects and two study projects. Each improvement project listed is not considered a wish. Combined and individually, they are considered to be demonstrated needs that our communities must have in order to be able to compete in a global economy. To prioritize these projects, the transportation committee considered only those projects which are regional in scope, address connectivity between localities, have regional economic benefit, and improve the safe transfer of goods and services throughout the region. The following projects are considered to be of the highest priority for Southwestern and Southside Virginia. Fast-track preliminary engineering, environmental studies and right of way acquisition for 1-73 fi.om Roanoke to the North Carolina State line. Begin widening improvements to I-81 between 1-64 in Rockbridge County and 1-77 in Wythe County. Immediately begin right of way acquisition and complete construction of the two mile "Smart Road" test bed in Montgomery County within the next two years. Begin widening of 220 north fi.om two to four lanes fi.om Eagle Rock to Clifton Forge. Fast-track improvements to Route 501 fi.om Buena Vista to the North Carolina State line. Complete preliminary engineering, design and construction of Lynchburg, Madison Heights and Danville bypasses (U.S. Route 29). Completion of US Route 58 Corridor Development Program fi.om Chesapeake through Patrick and Carroll Counties to Interstate 77. The following studies and appropriate funding are recommended to be included into the Commonwealth Transportation Board's Six Year Improvement Plan for implementation: Corridor study for the "New River Valley Link" to begin in the vicinity of the New River Valley Airport at Route 100 traveling in an easterly direction toward Blacksburg in the vicinity of the Virginia Tech Airport and tieing in with the "Smart Road" and 1-73. Corridor feasibility study for the TransAmerica Transportation Corridor between Hampton Roads and West Virginia heading along a corridor similar to U.S. 460 West to Lynchburg and Roanoke, U.S. 220 North to Clifton Forge and 1-64 West to the West Virginia state line. The Chamber believes it essential that the Virginia General Assembly and the Commonwealth Transportation Board continue to honor its financial commitment to the completion of the US Route 58 Corridor Development Program. ii, i,, The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 5 Public Transportation The region covered by the Transportation Committee includes four public transportation systems including Roanoke, Blacksburg, Lynchburg and Danville. Each system has unique needs and funding requirements. While well managed, all systems with the exception of Blacksburg am financially stressed because of federal cutbacks. The Transportation Committee makes the following recommendations for the continued growth of public transportation for our region. The business community supports the recommendation of the Virginia Transit Association to amend the second year of the 1996 - 98 biennium budget to include an appropriation to increase state funding to public transportation by $4.5 million. Support legislation amending capital replacement guidelines for public transit to offer flexible incentives to obtain financing for fuel efficient buses regardless of congestion mitigation factors. The business community and affected local governments will work together to actively lobby the Commission on the Future of Transportation in Virginia to see that recommendations made by the Commission to the 1998 session of the Virginia General Assembly address: o o Funding shortfalls of public transportation statewide and fairly disburse new funds to the systems located within Southside and Western Virginia; and Any recommended formula modification to see that such modification fairly disburses funds to localities within Southside and Southwestern Virginia; The business community and affected local governments will work together to actively lobby the legislature during the 1998 session to assure equity in the distribution of funds; Local Government should actively participate in and encourage the Virginia Association of Counties and the Virginia Municipal League to endorse programs which provide fairness in funding to all localities; During 1997, Local Govemments in conjunction with the business community should work with all persons running for elected office gaining commitments supporting legislation which provides for an equitable funding mechanism for public transportation systems throughout Southside and Western Virginia. Local Government in conjunction with local public transportation systems should design and implement public awareness campaigns which educate and encourage individuals within the community's served of the ease and affordability of using public transportation; and New services should continually be looked upon for net revenue generation creating incentives for the use of public transportation. New services such as the Blacksburg to Roanoke service should be tested and if successful should be expanded to possibly include other communities located throughout Southwest and Southside Virginia. The Transportation Committee believes the best strategy is to participate in a coordinated, proactive lobbying effort targeted at the Commission on the Future of Transportation of Virginia and members of the Virginia General Assembly. This lobbying effort will promote and sell commission members and legislators on the long term transportation needs of the region which are inclusive of public transportation. Z The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 6 Airports Recommendation Airports and the services they provide constitute a vital link to the nation's air transportation system and are recognized as crucial to the efficient exchange of interstate commerce. Airports act as a catalyst for a wide range of economic activity in a given area, and are considei:ed a major element in a region's overall economic development. Publicly owned airports located within the region can be categorized as commercial service or general aviation. Commercial service airports serve all types of aviation, but offer scheduled airline service as well. Publicly owned general aviation airports are typically municipal airports serving larger communities with no scheduled airline service. For the purposes of this report, privately owned airports are included as a category of airport only when open to the public. These privately owned, public use airports also play an important role to the region by providing their communities access to the nation's airport system via the services of general aviation. The airports in the region are listed below by category: Publicly Owned/Commercial Services · Roanoke Regional · Lynchburg Regional · Twin County (Galax) Publicly Owned/No Commercial Service · Blue Ridge (Martinsville) · Danville Regional · New River Valley · Virginia Tech · Bruokneal (Campbell) Privately Owned/Public Use · Smith Mountain Lake · New London (Forest) · Fallwell (Lynchburg) Funding Recommendations Public airports have historically relied heavily upon federal funding through the user-financed Aviation Trust Fund for capital projects related to infrastructure development. In Virginia, this source of funding is augmented by grants provided through Commonwealth fuel taxes. In recent years, federal funding for airports has fluctuated due to budget cutting at the Congressional level, resulting in considerable uncertainty as to the federal Airport Improvement Program's reliability as a source of infrastructure dollars. As a result, Commonwealth funding has become even more important as a source of funding for airport improvements. Therefore, the Transportation Committee recommends the following related to aviation funding for airports in the region: That the business community and local officials support efforts to ensure that federal and state grant programs dedicated to airport infrastructure are adequately funded to support planned capital development projects at the region's airports. That the business community further support alternative funding sources for airport infrastructure development such as the imposition of federally approved Passenger Facility Charges (PFCs) at the region's commercial service airports. z v >- 0 The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 7 General Recommendations The Transportation Committee makes the following recommendations related to the overall growth and development of this region's airports: A regional coordination effort should be undertaken for the purpose of categorizing and prioritizing the major recommendations contained in the master plans of all airports in the region. Since some airports are still in the process of updating their master plans, this would not begin until the Spring of 1997. Master plan dates for the main airports serving the region are as follows: Danville ............... 1990 Lynchburg ............. 1994 Martinsville ............ 1993 New River Valley ........ 1996 Roanoke ............... 1997 Virginia Tech ........... 1995 Identify major areas of opportunity or strategic marketing efforts underway or planned by each airport in order to take advantage of any complementary services offered which could benefit the region. Investigate the economic development planning activities/goals of the entire region in order to identify ways in which the region's airports can take advantage or supplement such plans. The business community and the region's commercial airports will work together to support existing scheduled air service, the pursuit of new air service, air freight opportunities and general aviation development. Other Recommendations The Transportation Committee makes the following other recommendations: Proposed highway projects and related airport access issues affecting each airport will be analyzed using all available sources in order to identify market opportunities or impediments. The business community, local officials and airport authorities will work together to protect navigational aids from development which degrades aviation utility or safety. This will include towers or other construction which could constitute a hazard to air navigation. The business community will support airports in efforts to put in place zoning ordinances in areas surrounding airports to ensure compatible land use. The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 8 Rail The Transportation Committee recognizes the importance and significance that safe reliable freight rail service plays in the development of our region. The committee also recognizes that throughout our region rail service is market driven and is greatly dependent on private sector influences beyond the control of local communities. Additionally, the committee acknowledges that access to passenger service is limited to the communities of Cliflon Forge, Danville, and Lynchburg. The committee believes that passenger service from Bristol Virginia through Roanoke to Lynchburg and Washington with a spur to Richmond will provide significant benefits to our region providing greater connectivity with both northern and southern regions of commerce. With that belief, the committee supports the completion of phase two of the study being performed by the Virginia Department of Rail and Public Transportation to determine feasibility of passenger service in and out of the region. The committee recommends that additional study be performed to determine the feasibility for the construction of an lntermodal facility within the region. The study should determine the amount of public/private participation required to open such a facility. The committee recommends that a Foreign Trade Zone be designated within the region with satellite sites to help facilitate existing and projected exporting opportunities within the region. The committee recognizes that the Norfolk Southern Corporation is a major employer and a good positive corporate citizen of the Commonwealth and more importantly the Roanoke Valley and westam Virginia. The committee recognizes that the NS is an international company. The committee understands that due to the size of the NS, decisions and influencing events outside the control of our community can be made which directly influence decisions made by the NS regarding its investment in our communities. For these reasons, the committee recommends that the Chambers of Commerce and local governments work with the NS to determine how our region's infrastructure can best be maintained and improved to facilitate the railroads growing needs and competitiveness while keeping a principle and growing presence within the region. The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 9 Bikeways and Greenways The lntermodal Surface Transportation Efficiency Act of 1991 (ISTEA) provided federal funding for the creation of bicycle and pedestrian infrastructure. While the United States and more importantly, our region, have limited experience with bicycles as a mode of transportation, other countries have utilized them as an alternative mode of transportation. Studies indicate that when these facilities are created there will in fact be an increase in usage. Bikeways and Greenways are also seen as a significant attribute to a region's quality of life and quality environment. The Transportation Committee recognizes that Bikeways and Greenways encourage the use of alterative modes of transportation and makes the following recommendations in regard to planning, design and construction: Encourage the construction and use of Bikeways and Greenways to enhance the overall environment and quality of life by helping to reduce automobile emissions and flood damages. Bikeways and Greenways play a vital role in promoting economic development and tourism activities within Southwestern and Southside Virginia. Bikeways and Greenways serve as a Quality of Life benchmark and indicator. Future bikeways within the region should be planned and developed with consideration given to connectivity between the New River Valley, Fifth Planning District Commission, West Piedmont, and Central Virginia's Planning District Commissions. All Bikeways and Greenways should be planned and developed consistent with the Virginia Outdoor Plan. The business community, local officials, and state officials should work together in securing funds for Bikeway and Greenway improvements consistent with the Planning Districts' plans. The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 10 Special Appreciation Many individuals and organizations contributed to the preparation of this study and final recommendation. The commi~ee extends its appreciation to Dr. Robert E. Martinez, Secretary of Transportation, Commonwealth of Virginia for his support and provision &technical information provided in the development of this study. Regional Transportation Committee Members Steve Chapin, Chairman Hayes, Seay, Mattern & Mattem Mark Adelman Danville Regional Airport FredAItizer Virginia Dept. of Transportation Anderson & Associates, Inc. Wayne Angell Franklin Co. Chamber of Commerce Bob Bengston City of Roanoke Rob Cary Virginia Dept. of Transportation Sheriff Frank Cassell Henry County John Chambliss, Jr. Roanoke Count5, Mark Courtney Roanoke Regional Airport Arnold Covey Roanoke County Helen Dede Central Fidelity Bank Beth Doughty Roanoke Valley Econ. Dev. Pmr. Bob Dowd West Piedmont PDC Brian Duvall Franklin County Chamber Brad FitzgeraM Woods, Rogers & Hazelgrove, P.L.C. Beverly T. Fitzpatrick, Jr. The New Century Council Randy Formica Town of Blacksburg Anson Goch 5th PDC Dennis Gragg Central Virginia PDC Michael Gray 5th PDC Judy Griesenbrock Salem/Roanoke County Chamber gE. C. Gwaltney, Jr. W. W. Boxley Co. Thomas Harned City of Martinsville D. G. Helmer Norfolk Southern Corporation Mark R. Henne Town of Rocky Mount Kurt Hodgen Botetoart County John Lambert John Lambert Associates, Inc. S. F. (Stan) LanfortL Jr. Lanford Brothers Co. Kenneth C. Laughon Carter Machinery Co, lnc Dr. Jack Lewis New River Community College Lorinda (Rindy) Lionberger Lionberger Construction Co. Frank E. Longaker National Business College Ron Lundy APB/Whiting, Inc. David McDow Lawrence United Transportation Ted Moomaw, Jr. World Travel Service, Inc. Hiawatha Nicely Pulaski County Econ Dev. Daniel G. (Bud) Oakey Roanoke Regional Chamber Jeanne Pe&'go Campbell & Paris Engineers, PC Dr. Ray Pethtel Virginia Tech Bittle W. Porterfield, 111 Rice Management Company Dave Rundgren New River Valley PDC Michael A. Russell Russell & Associates Calvin Sheets Town of Blacksburg Matt Shiley Central Virginia PDC Ralph Shivers The Branch Group Curt Steele Jr. Norfolk Southern Wayne G. Strickland 5th PDC John Stroud Roanoke Regional Chamber Don Thacker Central Oil Company Stephen Mancuso Don Thorne Valley Metro RADAR Kelly Mattingly Town of Blacksburg James Garris Mac McCadden VA Commodity Futures Advisory USAIR Gordon C. Willis, Sr. Rockydale Quarries Corp. Additional information provided by the American Association &State Highway and Transportation Officials, The Bottom Line, The Transportation Investment Need 1998 - 2002 (Washington, D.C.: 1996), I The Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Southwestern and Southside Virginia Final Report December 5, 1996 Page 11 LETTERS OF ENDORSEMENT Roanoke Gas 519 Kimball Avenue, N.E. P.O. Box 13007 Roanoke, Virginia 24030 540 983-3800 February25,1997 Mr. Steven J. Chapin, Chairman Roanoke Regional Chamber of Commerce Regional Transportation Committee 212 S. Jefferson Street Roanoke, VA 20411 Mr. Chapin: I am writing on behalf of the New Century Council to endorse the December 5, 1996 Final Report of the Roanoke Regional Chamber of Commerce Regional Transportation Committee Study on the Future of Transportation in Western and Southwestern Virginia. The Board of Directors of the New Century Council voted unanimously to endorse the Plan at its meeting on Tuesday, February 20, 1997. We are pleased that the Roanoke Regional Chamber of Commerce agreed to take on the responsibility to work for the implementation of the New Century Council's transportation priorities and has worked with other planning, economic development and governmental agencies and businesses throughout the New Century Region and beyond to develop this report and its findings and proposals. The New Century Council Board of Directors strongly supports the seven priority highway projects and the two studies as detailed on page four of the report. On behalf of the New Century Council, I thank you for your efforts and leadership in helping to meet the current and future transportation needs of Western Virginia and the Commonwealth. If 1 or any member of the New Century Council Board of Directors can respond to questions or be of assistance please let us know. ,~John B. Williamson, III JJ Co-Chair ~/r New Century Council c: Fredrick C. Altizer, Jr. Beverly T. Fitzpatrick ROANOKE VALLEY AREA METROPOLITAN PLANNING ORGANIZATION a division of the FiSh Planning Distri~ Commission Post Office Box 2569 Ph: 5~0-3~3-z+~17 3!3 Luck Avenue, SW ~ ~ ~C~ Fax: 5~0-3a-34~16 Roanoke, Vir§inia 2~010 E-mail: planfive@infi.net January 29, 1997 Mr. Bud Oakey Roanoke Regional Chamber of Commerce 212 S. Jefferson Street Roanoke, VA 240I 1 Dear Mr. Oakey: The Mission of the Transportation Committee of the Roanoke Regional Chamber is to perform a study of the transportation infrastructure needs. The Roanoke Valley A. rea Metropolitan Planning Organization (MPO), a division of the Fifth Planning District Commission. is in support of the Roanoke Regional Chamber of Commerce's final report on the Stud>' on the Future of Transportation in South~¥estern and Southside Virginia w/th the exception of the portion dealing with the STEP 21 proposal. The Roanoke Valley .-~rea MPO has not ~aken an.x position on STEP 21, but plans to review this at our next meeting on February, 27, 1997. The Transportation Committee defines a list of pr/ofity projects and strategies for the implementation of a regional transportation plan. The Fifth Planning District staff has been involved as a member of the Chamber's Regional Transportation Committee in developing this final report. The Stud)' on the Future of Transportation in Southwestern and Southside Virginia is consistent with the MPO's Long-Range Transportation Plan and includes various types of transportation infrastructure needs: roads, rail. air, and alternative modes of transportation. We agree that this study will benefit citizens throughout Southwestern and Southside Virginia in understanding the importance of regional transportation infrastructures. Sincerely yours, J. Lee E. Osborne Chairn]an ~,fembers: 8otetourt County, City of Roanoke, Roanoke County, City of Salem, Town of Vinton, FiSh P~anning District Commission, Roanoke Regional Airport, Greater Roanoke TransitCompa~y, Virginia DepartmentofTransportation, Virginia Department o'FRailand Public Transportation O One Starling Avenue P.O. Box 1191 West Piedmont aartinsville, VA 24114 Phone: (540) 638-3987 Planning District Commission Fax: (540) 638-8137 E-Mail: WPPDC~KJmbanet. COM Se~ng Franklin, Hen~', Patdck, and Pittsvlvania Counties - Cities of Danville and MartJnsville - Town of Rocky Mount - Since 1970 February 18, 1997 Mr. Bud Oakey Roanoke Regional Chamber of Commerce 212 South Jefferson Street Roanoke, Virginia 24011-1702 Re: Study on the Future of Transportation in Southwestern and Southside Virginia Dear Bud: I would like to compliment the Roanoke Regional Chamber of Commerce, its Regional Transportation Committee, and the local government and other participating Chambers of Commerce officials who all joined together to develop the multi-regional study of transportation in the future that we call the "Study on the Future of Transportation in Southwestern and Southside Virginia." Recognizing that the study includes key, high priority projects in the West Piedmont Planning District, which the West Piedmont Planning District Board of Commissioners has endorsed by resolution in the past, it is appropriate for me to endorse the "Study on the Future of Transportation in Southwestern and Southside Virginia." As you know, continuing the engineering, right-of-way acquisition, and construction work on U.S. Route 58 across our District and in neighboring areas of Virginia on a timely basis, the initiation and continuation of the Interstate 73 corridor development program, and completion of the bypass segments around Danville are all important to the maintenance and development of the regional and Ioca~ surface transportation network in West Piedmont. The PDC will also be presenting a consolidated regiona! priorities list to the Commonwealth Transportation Board which will include the above projects, plus other key projects which are essential to this region and its individual localities, Thank you for the invitation to the Commission to participate in the process of developing this very important multi-regional study; I look forward to continuing to work with the multi-regional transportation committee in the future. Sincerely, Robert W, Dowd,AICP Executive Director NEW RIVER VALLEY TRANSPORTATION TECHNICAL ADVISORY COMMITTEE of the New River Valley Planning District Commission 1612 Wadsworth Street, P,Q Box 3726, Redford, VA 24143 Phone: (540)639-9313 Fax: (540)831-6093 E-Mail: nrvlxlc~swva.net Barry D. Helms Chairman J.B. Sutphin Vice Chairman Counties of: F~ Pu~s~ Towns of: Blacksburg Chdsfiar-~burg Dublin Gle~ Lyn Narrows Pearisburg Pembn~e Pulaski Rich Creek Cit~ of: Radford Blacksburg Transit FHWA NRV Airport Nm Rive~ Community College Nc~folk Southern Radford Univemity VDOT V~rg~n~a l'ech March 3, 1997 Mr. Bud Oakey Roanoke Regional Chamber of Commerce 212 South Jefferson Street Roanoke, VA 24011 Dear Mr. Oakey: The purpose of the Transportation Committee of the Roanoke Regional Chamber of Commerce (RRCC) is to study and identify transportation needs. The New River Valley Transportation Technical Advisory Committee, a committee of the New River Valley Planning District Commission, supports the RRCC Transportation Committee's Study on the Future of Transportation in Southwestern and Southside Virginia and urges that the list of surface transportation improvements be modified to include replacement of the Route 11 bridge over the New River at Radford. The study identifies priority transportation projects in southwestern and southside Virginia, including the New River Valley area. Included in the study are needs related to roads, rail, air, and alternative transportation modes. New River Valley Planning District Commission staff'participated in the RRCC Transportation Committee's effort to develop the study. The Study on the Future of Transportation in Southwestern and Southside Virginia is consistent with transportation needs and priorities identified by the New River Valley Transportation Technical Advisory Committee. Sincerely, Ba~ D. Helms Chairman 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) 853-2541 Fax: (540) 853-1t45 SANDRA H. EAKIN Deputy C~I? Clc~k April 25, 1997 File ~80-367 Ms. Melissa P. Kemp 1001 15th Street, N. E. Canton, Ohio 44714 Dear Ms. Kemp: I am enclosing copy of Resolution No. 33348-042197 memorializing the late Reverend Dr. Alfred S. Prunty. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets and sympathy. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33348-042197. A RESOLUTION memorializing the late Reverend Dr. Alfred S. Prunty. WHEREAS, the members of this Council have learned, with sorrow, of the passing on April 6, 1997, of The Reverend Dr. Alfred S. Prunty, former pastor of Slate Hill Baptist Church and community leader; WHEREAS, Reverend Pnmty was a graduate of Lucy Addison High School and furthered his education at Vir~nia Union University, and during World War II he served in the United States Navy; WHEREAS, Reverend Prunty was retired from the Salem Veterans Hospital, and more recently retired as pastor of Slate Hill Baptist Church; WHEREAS, in 1990, after concerns were expressed that the Police Depmht,ent had used excessive force against minority persons, the City Manager's Task Force for Human Relations was established, and Reverend Prunty served as Co-Chairperson; WHEREAS, the Task Force reviewed issues of excessive force and minority recruitment in the Police Department and was insmunental in fostering better relations between the Department and the minority community; WHEREAS, Reverend Prunty, Past President of the Baptist Ministers' Conference, conceived the idea of monthly breakfasts to be hosted by minority churches at which members would have the opportunity to discuss community issues with elected and appointed ot~ficials of government, and these breakfast meetings proved effective in promoting understanding and bringing all elements of our community closer together; WHEREAS, Reverend Prunty was widely known as ~n articulate spokesman for human rights and equal justice for all; and WHEREAS, this Council desires to take special note of the passing of this distinguished Roanoker; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: l. The City Council adopts this means of recording its deepest regrets at the passing of The Reverend Dr. Alfred S. Prunty, community leader and civil rights advocate, and extends to his daughter, Ms. Melissa Kemp of Richmond, Virginia, the sympathy of this Council and that of the citizens of this City. Kemp. The City Clerk is directed to forward an attested copy of this resolution to Ms. ATTEST: City Clerk. Mary F. Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File #132-178 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33349-042197 changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, May 5, 1997, to 12:00 noon, in the Emergency Operations Center Conference Room, Room 159, first floor, Municipal Building, with the 2:00 p.m. session to be held in the City Council Chamber, fourth floor, Municipal Building. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm ERC. W. Robert Herbert City Manager April 25, 1997 Page 2 pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Development George C. Snead, Jr., Director, Public Safety Rose M. Wooclford, Executive Secretary, City Manager's Office IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33349-042197. A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:30 p.m., on Monday, May 5, 1997. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The meeling of City Council regularly scheduled to be held at 12:30 p.m. on Monday, May 5, 1997, is hereby rescheduled to be held at 12:00 noon, Monday, May 5, 1997, in the Emergency Operations Center Conference Room, First Floor, Municipal Building, with the 2:00 p.m. session to be held in City Council Chambers, Fourth Floor, Municipal Building, at 215 Church Avenue, S. W. 2. The City Clerk is hereby authorized to take whatever steps are deemed necessary to notify the public of the change in the time and place of such meeling. ATTEST: City Clerk. Ma~ F. P.~km', CMC/AAE City Clel~ CITY OF ROANOKE Office of the City Clerk $andm H. Eakin Deputy City Clerk April 25, 1997 File f/60-79-132-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33350-042197 establishing May 12, 1997, at 6:00 p.m., in the City Council Chamber, fourth floor, Municipal Building, as a special meeting of the Council of the City of Roanoke for the purpose of adopting the proposed annual budget for the City of Roanoke for fiscal year 1997-1998, and related matters; and for the election of three School Board Trustees for three-year terms of offica commencing July 1, 1997. The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. W. Robert Herbert' City Manager April 25, 1997 Page 2 pc; Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Development George C. Snead, Jr., Director, Public Safety Rose M. Woodford, Executive Secretary, City Manager's Office IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33350-042197. A RESOLUTION establishing the date of a special meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of Council will be held on May 12, 1997, at 6:00 p.m., in Council Chambers, Municipal Building, 215 Church Avenue, S. W., in said City, for the purpose of adopting the proposed annual budget for the City of Roanoke for Fiscal Year 1997-1998, and related matters, and for the election of three School Board Trustees for three three-year terms of office commencing July 1, 1997. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk 8andra H. Eakin Deputy City Clerk April 25, 1997 File f~60-79-132-178-354 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33351-O42197 establishing May 5, 1997, at 7:00 p.m., in the Exhibit Hall, Roanoke Civic Center, 710 Williamson Road, N. E., as a special meeting of the Council of the City of Roanoke for the purpose of holding a public hearing on the General Fund Budget for fiscal year 1997-1998, proposed tax increases, and the Annual Update to HUD's Consolidated Plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. W. Robert Herbert City Manager April 24, 1997 Page 2 pc; Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Glenn D. Radcliffe, Director, Human Development George C. Snead, Jr., Director, Public Safety Rose M. Woodford, Executive Secretary, City Manager's Office IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33351-042197. A RESOLUTION establishing the date of a special meeting of the Council of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that a Special Meeting of Council will be held on May 5, 1997, at 7:00 p.m., in the Exhibit HaH, Civic Center, 710 Williamson Road, N.W., in said City, for the purpose of holding a public hearing as to the General Fund Budget for Fiscal Year 1997-1998, proposed tax increases and the Annual Update to HUD'~ Consolidated Plan. ATTEST: City Clerk. Maw F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File f~67-121-123-132 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, Council Member Harris commended Sheriff W. Alvin Hudson for providing the services of inmates incarcerated at the Roanoke City Jail to assist with cleanup efforts in the City's parks and recreation facilities. Council Member White expressed concern as to how the City's parks and recreation system reached the point where such cleanup/repairs were necessary, and requested that Council be provided with a status report. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Rose M. Woodford, Executive Secretary, City Manager's Office Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File #184 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, Council Member Swain advised that there is a perception by some City employees that qualified African-American/minority employees are not promoted to higher paying City jobs. He further advised that the City should develop a strong in-house training program to aid in the promotion of City employees. The remarks were referred to you for response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Kenneth S. Cronin, Manager, Personnel Department Rose M. Woodford, Executive Secretary, City Manager's Office ..~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25. 1997 File #17-132 The Honorable C. Nelson Harris Council Member 2813 Edgewood Street, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were nominated to serve as a member of the Virginia Municipal League General Laws Policy Committee (Community & Economic Development and General Government). The General Laws Policy Committee will meet on Thursday, July 10, 1997, at the Richmond Marriott, 500 Broad Street, Richmond, Virginia. With kindest personal regards, I am Sincerely. f!.. ') ~ 9. AA./vt - Mary F. Parker, CMC/AAE City Clerk MFP:sm H:\AGENDA.Q1IAPRlL.21 .~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-254 t Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #17-132 The Honorable James O. Trout Council Member 2102 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Trout: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were nominated to serve as a member of the Virginia Municipal League General Laws Policy Committee (Community & Economic Development and General Government). The General Laws Policy Committee will meet on Thursday, July 10, 1997, at the Richmond Marriott, 500 Broad Street, Richmond, Virginia. With kindest personal regards, I am Sincerely, ~ ;-.... /) ILJ. "" J. ~ - "\ ~ 7. ~ MaryF. Parker, CMC/AAE City Clerk MFP:sm H:\AGENDA.Q7\APRL21 , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240il-1536 Telephone: (540) 853-2541 Fax: (540) 853-1] 45 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #17-132 Kit B. Kiser, Director Utilities and Operations Roanoke, Virginia Dear Mr. Kiser: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were nominated to serve as a member of the Virginia Municipal League Environmental Quality Policy Committee. The Environmental Quality Policy Committee will meet on Thursday, July 10, 1997, at the Richmond Marriott, 500 Broad Street, Richmond, Virginia. ) With kindest personal regards, I am Sincerely, /) """"V-'o 1. r ~ M Mary F. Parker, CMC/AAE City Clerk . MFP:sm H:\AGENDA.Q7\APRIL21 , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240 [1-1536 Telephone: (540) 853-2541 Fax: (510) 853-1145 SANDRA H. EAKIN Deputy City Clerk MARY F. PARKER, CMC/AAE City Clerk April 25, 1997 File #17-132 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were nominated to serve as a member of the Virginia Municipal League Finance Policy Committee. The Finance Policy Committee will meet on Thursday, July 10, 1997, at the Richmond Marriott, 500 Broad Street, Richmond, Virginia. With kindest personal regards, I am '""\..,. Mary F. Parker, CMC/AAE City Clerk }.~ Sincerely, MFP:sm H:\AGENDA.Q7\APRIL21 , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #17-132 The Honorable Linda F. Wyatt Vice-Mayor 2543 Round Top Road, N. W. Roanoke, Virginia 24012 Dear Vice-Mayor Wyatt: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were nominated to serve as a member of the Virginia Municipal League Human Development and Education Policy Committee. The Human Development and Education Policy Committee will meet on Thursday, July 10, 1997, at the Richmond Marriott, 500 Broad Street. Richmond, Virginia. With kindest personal regards, I am Sincerely, ~ ,.....,., IJ I). _ .L.... - '\ ~ 7. -- Mary F. Pner, CMC/AAE City Clerk MFP:sm H:\AGENDA.Q7\APRIL21 , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #17-132 The Honorable Carroll E. Swain Council Member 3434 Kershaw Road, N. W. Roanoke, Virginia 24017 Dear Mr. Swain: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were nominated to serve as a member of the Virginia Municipal League Transportation Policy Committee. The Transportation Policy Committee will meet on Thursday, July 10, 1997, at the Richmond Marriott, 500 Broad Street, Richmond, Virginia. With kindest personal regards, I am Sincerely, "-.., Mary F. Parker, CMC/AAE City Clerk j. '2. L~. - r~--- . MFP:sm H:\AGENOA.Q1IAPR1L.21 , /-~-:-'~ ~. ..' .:, -, . .-:.:\ . - . ._~1it:~~\ .... ...:..;;,..;...... ., -,,",.~ . -~ -' -~...:. - ;,- ,- -..... . . -~~~3!/ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w., .Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #17-132 , George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were nominated to serve as a member of the Virginia Municipal League Public Safety Policy Committee. The Public Safety Policy Committee will meet on Thursday, July 10, 1997, at the Richmond Marriott, 500 Broad Street, Richmond, Virginia. With kindest personal regards, I am Sincerely, /) ~~j. f~~ - Mary F. Parker, CMC/AAE City Clerk MFP:sm H:\AGENOA.97\APRIL21 ! ,.c' v---:--- ....... ; ':;f~\ . '~~=;:} ~-":.: j ..' -;/ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W, Room 456 Roanoke, Virginia 240 J 1- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #15-110-314-335 Ms. Dolores Y. Johns 1604 Wests ide Boulevard, N. W. Roanoke, Virginia 24017 Dear Ms. Johns: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were appointed as a member of the Blue Ridge Community Services Board of Directors to fill the unexpired term of Onzlee Ware, resigned, ending December 31, 1998. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were appointed. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your . willingness to serve the City of Roanoke as a member of the alue Ridge Community Services Board. Sincerely, () r---..... ~ l (/ tMJ..A-- Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:\AGENOA.97\APR1L21 ,. Ms. Dolores Y. Johns April 25, 1997 Page 2 pc: Susan J. Cloeter, Chairperson, Blue Ridge Community Services Board of Directors, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4026 Dr. Fred P. Roessel, Jr., Executive Director, Blue Ridge Community Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016-4026 Forest G. Jones, Assistant City Manager and Clerk of Council, City of Salem, P. O. Box 869, Salem, Virginia 24153 Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Susan H. Fain, Clerk, Botetourt County Board of Supervisors, One W. Main Street, Box One, Fincastle, Virginia 24090 Stephen A. Carter, Clerk, Craig County Board of Supervisors, P. O. Box 308, New Castle, Virginia 24127 W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Sandra H. Eakin, Deputy City Clerk H:\AGENOA.Q1IAPRIL21 :. " I COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE ,;.;Y-' I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twenty-first day of April, 1997, DOLORES Y. JOHNS was appointed as a member of the Blue Ridge Community Services Board of Directors to fill the unexpired term of Onzlee Ware, resigned, ending December 31, 1998. Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of April, 1997. ~~ 1. /2,,- City Clerk H:\AGENDA.97\APRIL.21 , '/'-:-:-;-~'" .- .0> .., ''''~t''1\ .:::~~\ . ,-,,:~~} -:...:;..~ / ?'/ '..:_'1_, ;...,~ " -' CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240 r 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #15-110-379 po Ms. Lucy R. Ellett 3752 Brandon Avenue, S. W. Roanoke, Virginia 24018 Dear Ms. Ellett: At a regular meeting of the Council of the City of Roanoke held on Monday, April 21, 1997, you were appointed as a member of the Roanoke Valley Greenways Commission for a term ending June 30,2000. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of OffIce which may be administered by the Clerk of the Circuit Court of the City of Roanoke. located on the third floor of the Roanoke City Courts Facility. 315 Church Avenue. S. w. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were appointed. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Valley Greenways Commission. Sincerely, ~ ~ ~ ev. j~ - , '\ ~ 7, -~- Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:\AGENDA.911APRIL.21 , Ms. Lucy R. Ellett April 25, 1997 Page 2 pc: 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 Forest G. Jones, Clerk of Council, City of Salem, P. O. Box 869, Salem, Virginia 24153 Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 EliZabeth Belcher, Roanoke Valley Greenways Coordinator, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 W. Robert Herbert, City Manager Martha P. Franklin, Secretary, City Planning Commission John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Diane S. Akers, Budget Administrator, Office of Management and Budget Sandra H. Eakin, Deputy City Clerk H:\AGENOA.1l1lAPR1L21 , COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twenty-first day of April, 1997, LUCY R. ELLETT was appointed as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2000. Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of April, 1997. City Clerk H:\AGENDA.97\APRIL21 , /;/~c .; ~~;,: :" ,.- · :~1\ -::"T':"---- .-."\; . .- :::.::;~ I '"C' ,,-::; 1 . ~~.; /, ~-~;;~~/ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.w., Room 456 Roanoke. Virginia 240Il-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #15-110-243 Ms. Corinne G. Gott Route 3, Box 126 Goodview, Virginia 24095 Dear Ms. Gott: Your term as a City representative to the League of Older Americans Board of Directors expired on February 1,1997. ' The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a City representative to the Board of Directors of the League of Older Americans. 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. With warmest regards, I am Sincerely, (). r--.. -1 .g. rlv .t.- Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: W. Robert Herbert, City Manager Susan B. Williams, Executive Director, League of Older Americans, P. O. Box 14205, Roanoke, Virginia 24038 Sandra H. Eakin, Deputy City Clerk H:\AGENOA.97\APRIL21 .Z o ~ ~ < ~ u ~. ~'. '~ ,.< .~ o .~ ~ ~ u .~ .~ .~ ~ ,~ u / .-- ~ //:~.-\~ / ,\.~---:: / ''S\)-~ ", , , ~.J ~'/ ~ "'-' ~ ( @Y-..:~" .' r--"J ..'." ",~-_' ~ . __ . p" '-', ' -, . ~'" '-C/'< -s=> ~___'. ,~_ . \.~, '~~~~-........ ------ ---, - ' \ ..s -"r=:- ," '~ L. \ ~0@/ C!Ji;;:- ~ ~ '--. ,,/!-, , - \.. '--.... ~,-" ,- .- \... \_~----- - " \._'-~ o ~ '53 .~ .z ',~ en :~ .~ A.. v.l Z < U ~ ~ ~ < ~ex: :I:~ 1-9 00 .~ I- ~ to- ~~>o~~ O ~O\_ r~ 1= ::> - -: V<Cf"i 'I-<..J> .,.~z ~ _ ~ .~~~~~ .z g: i: ~ ffi ~~~o~ .~ ~ ~ ft ,~ U-o UI- <u v.l~ <ex: "5 ~ o o ex: < o a::l ...-' ~ . u~ _..~ >0 ..~z .~-< eno u~ . - rT ~ ,...J_ . - '-~O ~ ~~ .A.. ,A.. .~ < d- -z u "o'.'~ ~"Z ~ ;,~o.. en'~ . ~o '. . :-8,~._, . ~ I:.a 0,0 zffi -o.~ - t::~ z....J d...J oti u=:: .~~ ~- z~ - f' 0\ 0\ ..... .~ o ~ -< o :I: ~ 0\ ..~ en .- ::I:: ~~ Z o <~ \'/-'- ---:::: "'\\',~ .~ .~ ~ E- <: , ~. , ~-::-----::-- /'.. -,,; ,';. . CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 /. :. .~~c; \ -'>1 -~,?/ ":~ '~ ...:~// -. ./- MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 25, 1997 File #15-110-379 ,. Mr: Delvis O. McCadden 2018 Carroll Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. McCadden: At a regular meeting of the Council of the City of Roanoke held on Monday I April 21, 1997, you were appointed as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 1999. Enclosed you will find a Certificate of your appointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were appointed. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. ) On I:$ehalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Valley Greenways Commission. Sincerely, 9.P~ ""~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Ene. H:\AGENOA.97\APRIL.21 , " ,~ . Mr. Delvis O. McCadden April 25, 1997 Page 2 pc: 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 Forest G. Jones, Clerk of Council, City of Salem, P. O. Box 869, Salem, Virginia 24153 Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Lucy R. Ellett, Chairperson, Greenways Open Space Steering Committee, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 Elizabeth Belcher, Roanoke Valley Greenways Coordinator, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 W. Robert Herbert, City Manager Martha P. Franklin, Secretary, City Planning Commission John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Diane S~ Akers, Budget Administrator, Office of Management and Budget Sandra H. Eakin, Deputy City Clerk , H:\AGENOA.Q1IAPRIL21 , ,. COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the twenty-first day of April, 1997, DELVIS O. MCCADDEN was appointed as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 1999. Given under my hand and the Seal of the City of Roanoke this twenty-fifth day of April, 1997. ~ ~. -P~. - City C~ H:\AGENOA.Q7\APRIL21 , CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.w., Room 456 Roanoke, Virginia 240 n -1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC/AAE City Clerk SANDRA H. EAKIN Deputy City Clerk April 28, 1997 Jack Loeb, Chairperson VRFA Board of Directors P. O. Box 8508 Roanoke, Virginia 24014-0508 Dear Mr. Loeb: Your communication under date of March 25, 1997, inviting the Roanoke City Council to recommend a representative from the City of Roanoke to serve in an ex-officio capacity on the Virginia Recreational Facilities Authority Board of Directors was discussed by the Members of Council on Monday, April 21, 1997. It was the consensus of Council to recommend Council Member C. Nelson Harris to represent the City of Roanoke on the VRF A Board of Directors. If you have questions, please do not hesitate to call me. Sincerely, () ') ~ -1. r-~,~ Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: The Honorable C. Nelson Harris, Council Member, 2813 Edgewood Street, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk H:\AGENOA.Il7W'RIL21 Given under our hands and the Seal of the City of Roanoke this first day of May nineteen hundred and ninety-seven. WHEREAS, Epsilon Sigma Alpha International -- an organization devoted to philanthropic, educational and social endeavors which promote the public good -- is commemorating over sixty years of service to communities, states, and nations around the world; and WHEREAS, Delta Kappa members of Epsilon Si~ Alpha have been outstanding in this organization, providing significant philanthropic and social contributions which have proved beneficial to the citizens of the City of Roanoke. NOW, THEREFORE, /, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim Thursday, May I, 1997, throughout this great All-America City, as EPSILON SIGMA ALPHA INTERNATIONAL DAY and urge all citizens to observe this special day with appropriate ceremonies and celebration. ATTEST: r--., .... -1. -Po-..L. Mary F. Parker City Clerk David A. Bowers Mayor 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) 853-2541 Fax: /540) 853-1145 SANDRA H. EAKIN Deputy Cit? Clerk April 25, 1997 File #24-54 Ms. Patricia Earls 717 Mississippi Avenue, N. E. Roanoke, Virginia 24012 Dear Ms. Earls: Your communication and oral presentation requesting that Vietnamese potbellied pigs be allowed as household pets in the City of Roanoke, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. On motion, duly seconded and unanimously adopted, your communication and remarks were received and filed. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: W. Robert Herbert, City Manager 2 I 5 CHURCH AVENUE. 5, W. ROANOKE, VIRGiNiA 240 I I- I (540) 853-2'5zt I FAX: (540)853-1145 E~~JAJL: CLER K@Cl. ROANOKE.VA. US To: Members of Council Date: Fax #: Pages: From: C. Nelson Harris Subject: Video Tape April 25, 1997 1, including this cover sheet. Please know that Pat Earls has given to me a video on pot-bellied pigs and has asked that I make it available to my colleagues on Council. I have given it to the Clerk's Office should you wish to view it. C_,ity Council Members, I am asking you again to open your minds and Four hea/f and change the ordinance to include Pot-Be/fled Pigsas a household pet. You could state no other species of hoq or p~q may be kept. You could put a limit on them, no more than one can be kept as a pet and a maximum height of 18 inches at the shoulder and no more than 95 pounds. There are ways to_ include all the tittle Porkys in Roanoke CJty. My son is not the only pet pig owner in lhJs c/IF, I know of at least 50 and I am sure there are many more My son has withdrawn in school since all of this has happen with his pet. I did a show with K-g2 the day after the April 7th /-/~oeting and there were no negitive calls, everyone that called said you should let us keep our ~t, that they would rather live beside a pet pig than a barking dog or a cat that leaves paw fl~ ints all over their car and porch furniture Our pet Porky don't do any of those thinqs. I am including a copy of Human Hea/th Considerations; Dogs, Cats, and Pot-Bellied P~qs. After reading this you will find that dogs pose the qreatest threat with a score of 27; cats with a score of 23; and Pot-Bell/ed t~iqs with the least threar of 8. So you can see that these pets are safe to pave I know a some of you members wanted to make sure that they were safe and wouldn't p~ose a pose a health hazard to our communi/y. Now you know that they w#/ not , /f you have ~'ead the information on these pets you now know that they are safe, clean ,and ven~ intelligent _animals. I would like to also say they do not have canine teeth, nor do they bite. You have been given plenty of information to support what I have told you And also concerns you had on the safety of them What else do I have to do for you to allow us to keep our sons pet? I want you to .know I will not give up on my sons pet Porky I will do whatever deems nessasaq/ to make sure my son keeps his pet that he worked very hard for including going to ia#. How silly would this town look for puff/nfl a mother of an ADHD child in (afl for something as simple as trying to keep. her sons pet Porky? When you have got drug dealers, rapest, and murders out here free to do it a~ain and should be of more concern than my sons pet. I hope you will vote today and include ~hese pets in our ordinance. Lets stop all this non-sence over a t~et don? brush it off hoping g[ve up or ,qet discoua,qed and ,qo home, cause I can tell you now that will not happen, I'll/ust keep comminq back Thank You, Tte Potbellied Pig Registry Service, Itu= P.O. Box 6~0, Pleas~ Grove, C.A 9566~ (916) 6ss.ir44 arm: CTFY COUNCIL/ZONING COMMISSION re: POTBELLIED PIGS A,q PETS To whom it may concern: In 1985, a Canadian exotic animal importerforeeder, Keith Connel[, imponed the first potbellied pigs into Canada. They were destined for zoos originally, but in 1986, Californian Kayla Mull recognized their suitability as pets and began to promote them. Soon, others took notice of these unique animals and the interest in their small size, gentle disposition, immense affection and keen intelligence grew. Since the first few Americana purchased potbellied pigs, many more have fallen in love with these special creatures. People who have always enjoyed pigs have become especially enamored with the suitability of these animals to indoor living. Preferring an average living temperature of 65-85~ these mini-pigs fit quite comfortably into the averags household. Size-wise, the potbellied pi8 can weigh 35-100 lbs. if a pet, or up to 150 lbs. if a breeding animal, and stand up to 22" tall at th~ shoulder. They quickly learn to potty in a litter box like a cat, or to go outside like a dog. Potbellied pigs de~'e a warm, clean environment, and will go out of their way to keep it that way, even if it means holding their potty for a long time. Potbellied pigs are odorless (except for non- neutered boars) and seldom, if ever, shed. At one time, there were concerns for what effect potbellied pigs had on human health. A study was done by a California university which concluded that potbellied pigs posed fewer threats to human health and safety than dogs and cats in a typical residential ~tin~. This, combined with the already mild nature of the potbellied pig, results in far fewer cases of animal bites and diseese transmission through saliva and feces than can he attributed to dogs and cats. Also, bectu~ potbellied pigs have hair, not fur like dogs and eats, they have become very desirable among highly allergic indhn'duais. As a Regi~ty, w~ strive to preserve tho quality and pureness of the potbellied pig breed by keeping e~ensive records on all our regist~ed pi~s. We am the only Registry that requires pictures of the pigs and their litters at the time of regim'ation~ F, ach pi8 registered with us is trncesble to on~ or more doeumented potbellied pi8 import groups. Pigs with questiombk pedigrees or exl~'oitins genetic defem are not granted registration papers. We recommend all pothdlied I~S are registered for the purposes of permanent record and as definitive proof of For more information concemin~ tim potbellied pig, plea~ feel ~ to cont~ us at P.O. Box 680, Pleszant Grove, CA 95668 or (916) 655-1744. We hev~ a wide variety of information on file to help answer any questions you may have, aa well as an ex~emive list of specialists fi.om whom you can learn more. Thank you for your time and consideration. Robert Clark President HUMAN HEALTH CONSIDERATIONS: DOGSr CATS AND POTBELLIED PIGS The chadc below compares dogs, cats and polbellies in terms of the potential of these animals to play a role in the disease trammission to humans in a resi~e,-,~ial setUng where fltese animals reside as house pets. This chart does nnt include dieases that do nnt oo:m' in California or diseases trammittod by use of hides or ingestion of food p~oducts from these animals. The following analysis as.qmm~ the potbelly: 1)has been spayed or neutered; 2)was healthy and disease free when acquired; ~ 3)is ke~ as a house po~ in a residential area and nnt normally in co.act with animals on farms. Three terms are used to indicate the dngree of disease transmission potential: NONE - which rneae~ that no tranmission can even t~ore~ically take place NIL - which means that, while transmissions can theoreUcally take place, transmission is nnt a practical reality in California REAL - transmission in California is tJmught to take place or be more than a theoretical possibility The health comparise~ ca~ be roughly qualirmd by giving 0 points for a NONE, I point for a NIL, and 2 points for a REAL Using this syste~t, dogs pose lite greatest threat with a score of 27; cats the next greatest with a score of 23; and pothollies the very least with a score of 8. DISEASE TRANSMISSION PO'I~NTIAL COMMENT Intestinal Hookworm Infection (Ancylosiomiasis) ring cat potholly NIL NIL NONE The specie specific to dogs and cats only rarely infects man most commonly in SE Asia. However, just as the New World hookworm specie was imported into North America via the slave trade, immigration from Asia provides theoretical potential for the same mechanism to operate. Transmission requires fecal contamination of living areas. Deworming agents effective. Prevention by proper handling and disposal of pet feces. Roundworm (Ascariasis) NONE NONE NIL Brucellosis NIL NONE NIL The specie specific to pigs only rarely infects man. Transmission via ingestion of fecally contaminated material. Deworming agents effective. California requires all pigs be tested negative for brucellosis before entry into the state. Disease now rare in US. Essentially an occupational disease (slaughterhouse employees and animal handlers), since transmission is by contact with tissues, blood, urine, vaginal discharges and aborted fetuses (especially placentas) when it does occur. Bacterial Diarrhea Caused REAL by Camp/oybacter REAL REAL Transmission by the fecal-oral route by way of con- taminated food and water or by direct contact with fecal material from infected animals or humans. Pre- vention by good personal hygiene habits and proper handling and disposal of pet feces. Cat Scratch Disease NIL REAL NIL Cats are mechanical carriers of an as yet unidenti- fied infectious agent. About 90% of cases give a history of cat exposure. However, since agent unknown, it is possible any animal, or even objects such as a thorn, could be a mechanical carrier. Prevention by prompt, common sense hygiene follow- ing any wounds due to scratches or bites by animals, especially cats. Since potbellies do not have either claws, nails or canine teeth, nor do they bite, potbel- lies may not even be theoretical carriers. DISEASE 1RANSMISSION POTENTIAL COMMENTS Fleas and Mites REAL REAL NONE Hydatid Disease Leptospirosis Lyme Borrellusis (Lyme Disease) Plague Pseudorabies Rabies REAL NONE NONE REAL REAL NIL NIL NONE NONE REAL REAL NONE NONE NONE NONE REAL REAL NIL The fleas and mites of cats, dogs and rodents may infect humans. In addition to the direct dermotological effects of these endoparasites, they may serve as vectors for other diseases, especially the fleas assoc- iated with rodents. Transmission to humans by the fecal-oral route by way of contaminated food and water or by direct contact with fecal material from infected dogs. Dogs become infected by eating hydatid cysts, principally from animals raised for food (especially sheep), but also in wild animals. Primary prevention by prevent- ing access to uncooked viscera of herbivorous anim- als. Prevention in humans also by good personal hygiene habits and proper handling and disposal of pet feces. Transmission to humans by skin contact with water, moist soil or vegetation contaminated with urine of infected animals, or direct urine or tissue contact with infected animals. Vaccine does not prevent in- fection or transmission. Cats do not carry the dis- ease per se, but can "drag it in" in the body of a rat. This disease is talked about a great deal by swine farmers and breeders because of its potential to cause them severe economic loss in farm situa- tions. However, it is of no significance to the urban potbellied housepet not normally in contact with farm livestock. Deer ticks are the vector for spirochete causing this disease. Should dogs come in contact with deer, there is a remote possibility the tick could attach to the dog and he transported to humans. Plague in humans occurs as the result of transmis- sion from infected animals via fleas or direct con- tact with diseased tissue. Rodents are the primary animal reservoir, although cats may play a signifi- cant role in urban outbreaks, and dogs and rabbits to a lesser degree. Infected rat fleas can jump from rats to dogs or cats and then to man. "What the cat or dog) dragged in" may via fleas, or direct tissue contact, transmit plague to pets and/or people. The key to prevention is ongoin8 surveillance of seri- logical status of wild rats and their fleas, rat and insed control around human habitats, and keeping flea-bearing pets flea-free. Does not occur in humans. Included in table only because some may mistakenly assume, due to the name, that this disease may be a problem. Reservoir exists in wild animals such as skunks, bats, foxes, coyotes, raccoons, bobcats and other carnivores. Contact with this reservoir may result in transmission to livestock (horses and cattle readily Rocky Mountain Spotted Ringworm Salmonellosis Toxocariasis Toxoplasmosis Tularemia Typhus REAL NIL NIL REAL REAL NIL REAL REAL REAL REAL REAL NONE NONE REAL NONE REAL NONE NONE REAL REAL NONE infected ~ion; pigs hav-'~--a high degree of natural resistance to rabies infection and have not been linked to human infection). Rodents (including squirrels, hamsters, guinea pigs, gerbils and chipmunks) and rabbits are only rarely infected and haven't been linked to human infection. The key to prevention is control of the animal reservoir, especially in skunks, and effective immun- ization programs for dogs or cats. This is a tick-borne disease which can be transmit- ted to man with a pet serving as an intermediary. While any animal subject to ticks can potentially be part of the cycle, only dogs, and potentially rabbits, are of significance. Prevention is by avoiding contact with tick-infested areas and de-ticking dogs. A fungal disease transmitted by direct or indirect contact with infected lesions. Disease occurs in many forms depending on the specific organism and body area affected. Transmission via ingestion of fecally contaminated material. Prevention by good personal hygiene habits and proper handling and disposal of pet feces. Transmission via ingestion of fecally contaminated material. Prevention by good personal hygiene habits and proper handling and disposal of pet feces. worming agents effective. Transmission via ingestion of material contaminated by cat feces. Prevention requires control of cats in regard to diet, roaming, hunting, scavenging and sites of defecation (i.e. avoid children's play areas like sand boxes) as well as good personal hygiene habits and proper handling and disposal of pet feces. Especially important for pregnant women to take preventative precautions. May be carried by the common dog tick. Occurs as the result of transmission from infected animals via fleas or direct contact with diseased tissue. Rodents are the primary animal reservoir although cats may play a significant role in urban outbreaks, and dogs and rabbits to a lesser degree. Infected rat fleas can jump from rats to ~ogs or cats and then to man. 'What the cat (or dog) dragged in' may via fleas, or through direct tissue contact, transmit plague to pets and/or people. The key to prevention is ongoing surveillance of serological status of wild rats and their fleas, rat and insect control around human habitats and keeping flea- bearing pets flea-free. 0~/21×97 15~5@ 8~/~1/19~? 13~8 8135~1~2~ BOB & BaRB B~KER P~GE 4700 ~vlr FE~ 2 0 ~99T St. Louis, N[O 63146 Dear ~s, This lett~ is ~, ~spo,n~ to your t~hone ~u~ conc~g ~e ~.~. Dep~t of A~cul~:e's ~SDA) cIzss~don of pot b~e~ pigs. USDA o~7 con~d~s ?or b~ed pigs "Uve~oc~ ~e ~ is to be that h~ a ~ne ~se~e sta~s w~ch coul~ be d~t~ to the ~ indus~ States if the pig b~ impon~ w~ i~e~ed. Pot be~ed pigs that ~e pilate p~s ~e c]~ed ~ p~ not ~v~tock. ~Hher cl~cadon b n~eded, pl~ c~ ~s o~c~ at (30~) 734-4972. S~c~ely, A,,timaJ Hezlth Tecl~-~cizn Animal Care TOT~ 2526 Floraland Drive, NW Roanoke, Virginia 24012 April16,1997 The Honorable David Bowers, Mayor City of Roanoke, Virginia 215 Church Avenue Roanoke, Virginia 24011 Dear Mayor Bowers: I have known Michael Ramsey since 1980 and I believe he would be a real asset to the Roanoke City School Board. Mike's interest in the community, his past experiences with education, his views as a parent of Roanoke City Public School graduates and his philosophy of education would all combine to make him an excellent choice to serve on the Roanoke City School Board. I am convinced that the Roanoke City Public School system is one of the best in the world. My son graduated from The Governor's School, CITY School and William Fleming High School in 1992 and my daughter is now a student at William Fleming. I believe it is important to keep our education standards high and to continually strive to make our schools meet the needs of students, employers and the commun/ty as a whole. That is why I believe we should seek out people like Mike Ramsey to serve on the Roanoke City School Board. Please give him. your every consideration. Sincerely, Shirley L. Coleman Copy to Members of City Council GOOD A4~I~a~NOO~, LADLES AND GENTLEMEN. MY NAME IS ROSANA ANDERSON. I AM THE DIRECTOR OF TAPS VIRGINIA CARES PROGRAMS. I HAVE WORKED IN THIS CAPACITY SINCE 1978. AS YOU ARE WELL AWARE MOST OF THE THOUSANDS OF PEOPLE THAT WE HAVE WORKED WITH WERE SCHOOL FAILURES. MOST CAME FROM LOW INCOME FAMILIES WITH LOW ACADEMIC SUCCESS AND DIFFICULTIES IN DEALING WITH SCHOOL PERSONNEL. TO A LARGE EXTENT THEIR FUTURE IS DETERMINED BY THEIR LITERACY AND SKILL LEVELS. IN SPITE OF THE ACHIEVEMENTS OF OUR LOCAL SCHOOL SYSTEM, TOO MANY CHILDREN NEVER MAKE IT TO GRADUATION NO ONE IS MORE AWARE OF THIS THAN MR. SHERMAN LEA WHO IS THE REGIONAL ADMINISTRATOR FOR THE DEPARTMENT OF COMMUNITY CORRECTIONS IN THE ROANOKE VALLEY. HE HAS SPENT THE LAST TWENTY YEARS WORKING IN VARIOUS CAPACITIES WITH THE CRIMINAL JUSTICE SYSTEM BEGINNING AS A PROBATION OFFICER. NOT ONLY DOES HE HAVE A DEEP UNDERSTANDING OF THOSE WHO HAVE GONE FROM FALLING IN SCHOOL TO FAILING IN LIFE BUT HE HAS A STRONG COMMITMENT TO DO EVERYTHING IN HIS ABILITY TO INCREASE THE NUMBERS OF GRADUATES IN SCHOOL AND DECREASE THE NUMBER OF ENTRANTS INTO OUR PRISONS. IN WORKING WITH MR. LEA, I HAVE FOUND HIM TO BE OPEN, VERY HONEST, AND A COLLABORATOR-MORE CONCERNED WITH GETTING THINGS DONE THAN GETTING THE CREDIT. HE BRINGS An EXCELLENT MIND, An OPTIMISTIC OUTLOOK AND GENEROUS SPIRIT TO WHATEVER TASKS HE UNDERTAKES. I CANNOT THINK OF ANOTHER PERSON WHO WOULD BE A BETTER CHOICE. 3148 Circle Drive, SW Roanoke, VA 24018 April 20, 1997 To: Roanoke City Council Members Re: Candidacy of Ms. Joann Hamidullah for the Roanoke City School Board Dear City Council Members: I am pleased to write this letter of recommendation for Ms. Joann Hamidullah, a candidate for the Roanoke City School Board. I have known Joann since elementary school and interact with her both professionally and socially. She has always impressed me as an individual of intelligence, discipline, and character. She is also a person of ethics and morality. Her involvement as (1) Central Council PTA President and (z) a member of both the School Board's Long-Range Planning Committee and the Systemwide Site-Based Leadership Council provides her with unique experiences that will prove invaluable as a school board member. Moreover, Joann is not an ideologue but rather an individual who will bring a pragmatic approach to solving the problems that confront the Roanoke City Public Schools. Her comments on various issues facing the city's schools, outlined in the April ZO edition of The Roanoke Times, reflects a thoughtful and balanced perspective to solving the complex dilemmas of a contemporary public school system. Joann Hamidullah is articulate, personable, and committed. She possesses the requisite intelligence and experience to make a meaningful contribution as a school board member. I recommend her to you without any reservations. Thank you, (2) Reglriald Shareef;~J~.D. Associate Professor of Political Science/Public Administration--Radford University NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW FOR SCHOOL BOARD TRUSTEE BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing to receive the views of citizens regarding appointment of School Board Trustees at its regular meeting on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. Candidates for School Board Trustee positions are: Sherrie M. Boone, F. B. Webster Day, Marsha W. Ellison, Joann Hamidullah, Sherman P. Lea, and Michael L. Ramsey. The Council will also hold a public interview of candidates for the position of School Board Trustee on Thursday, April 24 1997, at 6:00 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building. The public is invited to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., by 5:00 p.m., on Thursday, April 17, 1997. All questions will be asked by Members of City Council, and Council may ask such proposed questions filed with the City Clerk as the Council, in its discretion, deems advisable. The Council will elect three School Board Trustees for three three-year terms of office commencing July 1, 1997, at its regular meeting on Monday, May 5, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building. Mary F. Parker City Clerk NOTE TO PUBLISHER: Publish in full once in the ~, on Friday, April 11, 1997 .... ~ 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 NOTICE OF PUBLIC HEARING AND OF PUBLIC INTERVIEW FOR SCHOOL BOARD TRUSTEE BEFORE THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing to receive the views of citizens regarding appointment of School Board Trustees at its regular meeting on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. Candidates for School Board Trustee positions are: Sherrie M. Boone, F. B. Webster Day, Marsha W. Ellison, Joann Hamiduliah, Sherman P. Lea, and Michael L. Ramsey. The Council will also hold a public interview of candidates for the position of School Board Trustee on Thursday, April 24 1997, at 6:00 p.m., in the Roanoke City Council Chamber, fourth floor of the Municipal Building. The public is invited to submit proposed questions to the candidates by filing such written questions in the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., by 5:00 p.m., on Thursday, April 17, 1997. All questions will be asked by Members of City Council, and Council may ask such proposed questions filed with the City Clerk as the Council, in its discretion, deems advisable. The Council will elect three School Board Trustees for three three-year terms of office commencing July 1, 1997, at its regular meeting on Monday, May 5, 1997, at 2:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building. Mary F. Parker City Clerk NOTE TO PUBLISHER: Publish in full once in the [~]~iQ, on Thursday, April 17, 1997 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 MaW Fo P~rker, CMCIAAE C~y Cl~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y Clerk April 25, 1997 File f/24-51 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33352-042197 amending and reordaining subsection (h) of ~6.1-690, General authority_ and procedure, of Article VII, ~lmJl~T..a~Jg.D, of Chapter 36.1, ~,gBJDg, of the Code of the City of Roanoke (1979), as amended, to include the CN, Neighborhood Commercial District, in the list of districts applicable for rezoning to C-1, Office District, when an area is less than two acres in size, to increase development opportunities. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Pe.~,/.,,~-.-- Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. W. Robert Herbert City Manager April 25, 1997 Page 2 pc: The Honorable Virginia The Honorable The Honorable of Virginia The Honorable Virginia The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, I1, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompetar, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Mr. and Mrs. Conrad H. Daum, Trustee& The Daum Charitable Remainder Unitrust, 3005 Bumleigh Road, S. W., Roanoke, Virginia 24014 Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Flodda 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magis~a[e Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer W. Robert Herbert City Manager April 25, 1997 Page 3 John R. Marlles, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Michael Meise, Branch Manager, Law Library IN THE' COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33352-042197. AN ORDINANCE amending and reordaining subsection (h) of ~36.1- 690, General authority and procedure, "of Article VII, Administration, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, to increase development opportunities; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (h), ~36.1-690, General authority and procedure, of Article VII, Administration, of Chapter 36.1, Zoning of Code of the City of Roanoke (1979), as amended, is hereby amended and reordained as follows: Sec. 36.1-690. General authority and procedure. (h) Subsection (g) notwithstanding, an area of less than two (2) acres, which abuts a C-2, CN, or an industrial district may be rezoned to C-1. 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. Roanoke City Planning Commission April21,1997 The Honorable David A. Bowers, Mayor Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Daum Charitable Remainder Unitrust to amend Section 36.1- 690 (h) of the Code of the City of Roanoke (1979), as amended, to include the CN, Neighborhood Commercial District in the list of districts applicable for rezoning to C-l, Office District when an area is less than two acres in size. I. Current Situation: Petitioner owns a ~ro~erty at 1928 Maiden Lane. S. W.. designated as Official City Tax Number 1331205. and desires to rezone the property to C-1 for the purposes of converting the property to office use. Property is adjacent to the CN, Neighborhood Commercial District, on Grandin Road. Property is less than two acres in size and cannot be rezoned to C-1 under the current requirements of Section 36.1-690(g) of the city zoning ordinance which provides that: "Except for extension of existing district boundaries, no change in zoning classification to a C-l, C-2, C-3, LM and HM district shall be considered which involves an area of less than two acres, and no separate C-l, C-2, C-3, LM or HM district of less than two acres shall be created by any amendment to this chapter." Provision is made. however, in Section 36.1-690(h) for zoning areas less than two acres to C-1 when they abut a C-2 or industrial district. Petitioner requests that Section 36.1-690(h'} be amended to include the CN, Neighborhood Commercial District in addition to the C-2 and industrial districts. More specifically, the request is to amend Section 36.1-690(h)as follows: "(h) Subsection [paragraph] (g) notwithstanding, an area of less than two (2) acres, which abuts a C-2, CN, or an industrial district may be rezoned to C-1 ." Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 8!53-2344 Planning Commission public hearing was held on March 5, 1997. There were no objections to the proposed amendment. However, the Raleigh Court Civic League reserved any comments on the future rezoning to a later date. II. Recommendation: Planning Commission recommended that City Council approve the request by a vote of 4-0 (Mrs. Duerk and Mr. Manetta absent). In cases where the extension ora CN zone may not be appropriate, the option to zone to C-1 could be an acceptable alternative. While CN zones may be smaller in size than many C-2 or industrial areas, the option to zone C-1 is one that logically should be considered. Also, any future change in zoning to C-1 must be considered on a case-by-case basis by the Planning Commission and City Council. Respectfully submitted, Gilbert E. Butler, Temporary Chairman Roanoke City Planning Commission ESL attachment cc: Assistant City Attorney Petitioner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, SW. Room 456 Roanoke. Virgima 24011-1536 Telephone: (540) 853-2541 Fax: {540~ 853-1145 SANDRA H. EAKIN Deputy City Clerk February 10, 1997 File ~51 John R. Madles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from The Daum Charitable Remainder Unitrust requesting that ,~ctJon 36.1-69001), ~enerel Authoriht and Procedure, of Chapter 36.1, Zonina, of the Code of the City of Roanoke (1979), as amended, be amended, to provide that an area of less than two acres, which abuts a C-2, CN, or an industrial district, may be rezoned to C-1. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. The Honorable Mayor and Members of the Roanoke City council Mr. and Mrs. conrad H. Daum, Trustees, The Daum Charitable Remainder Unitrust, ~arth5 Bumleigh Road, $. W., Roanoke, Virginia 24014 a P. Frenldin, Secretary, City Planning commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney ,PETIT,~ON TO AMEND ZONING ORDINANCE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment of Section 36.1-690(h), "General Authority and Procedure" of the zoning ordinance of the City of Roanoke, Virginia providing for the rezoning of land less than two (2) acres to C-1 when it abuts a commemial or industrial district TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Daum Charitable Remainder Unitrust, trustees Conrad H. and Beverly B. Daum; respectively, are owners of land in the City of Roanoke containing approximately one (1) acre, located at 1928 Maiden Lane, SW. Said property is identified as Tax Map Number 1331205. Said property is currently zoned RM-2, Residential Multi-family Medium, Density. This property was vacant for five years until purchase 1995 and refurbished by the petitioners. The ten foot private alley on the westerly side has a carport with 2 concrete runners for a driveway. The employees of Hurley's Restaurant, State Farm Insurance as well as the tenants of the two apartments above these businesses use this driveway to enter and exit. These businesses were granted by deed in 1939 an easement to use this l0 foot private alley/driveway (Exhibit A). In order to provide for the future sale and occupancy of this property, the petitioners desire to zone the property adjacent to a busy neighborhood commercial area for an office, but the property is less than two (2) acres in size. At present, the Zoning Ordinance provides that rezoning of the property to C-I is not permitted because of its size. Section 36. !-690(g) states that "except for extension ofexisttng district boundaries, no change in zoning class~cation to a C- 1, C-2, C-3 LM or HM district shall be considered which involves an area of less than two (29 acres, and no separate C-l, C-2, C-3 LM or HM district shall be created by any amendment to this chapter". Furthermore, Section 36.1-690(h) provides that "an area of less than two (29 acres, which abuts a C-2 district or an industrial district may be rezoned to a C- 1 ': The Petitioners feel that this proPerty adjacent to the CN, Neighborhood Commercial, District should receive similar consideration as those proPerties adjacent to C-2, General Commercial District or an industrial district. Therefore, the Petitioners wish to amend Section 36.1-690(h) to include the CN District, thereby Permitting the proPerty to be considered for rezoning to C-l, Office District. A rezoning request for the proPerty is being submitted concurrently with the amendment request. Pursuant to Section 36.1-690(h) of the Zoning Ordinance of the City of Roanoke, the Petitioners hereby request that section 36.1-690( h): (h) Subsection [paragraph] (g,) notwtth.~'tandmg, an area of less than two (2) acres, which abuts a C-2 district or an mdu~trtal dtstrtct may be rezoned to be amended to read: (h) Subsection [paragraph] (g) notwtttt~tundmg, an area of less than two (2) acres, which abuts a C-2, CN,, or an md,,~trtai dtstrtct may be rezoned to C-I. The Petitioners believe that the amendment as herein described is appropriate and beneficial in that CN and C-2 districts receive simdat and current development opportunities. Wherefore, the Petitioners request that the above referenced amendment to Section 36.1-690(h) of the Code of the City of Roanoke (1987) as amended, be made. ResPectively submitted the fifth day of February 1997 ~vetl? B. Daub, Trustee Daum Charitable Remainder Unitrust 3005 Burnleigh Road Roanoke, Virginia 24014 10' EASEMENT Front View Rear View THE, ROANOgl: . Ad Number: 40434402 Publisher's Fee: $153.60 Mr. & Mrs. Conrad H. Daum Daum Charitable Remainder 3005 Burnleigh Rd., S.W. Roanoke, VA 24014 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: 04/04/97 FULL RUN - Friday 04/11/97 FULL RUN - Friday (19~0), as ameade~ the Court ca of the cr~ ~ ~oa~oke wi, t ~ ~ 853-2344. Witness, this 21st day of April, 1997. Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions (1950), as amended, the Council of of §15.1-431, Code of Virginia the City of Roanoke will hold a Public Hearing on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider an amendment and revision to Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend the following section of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended: §36.1-690(h), such amendment shall provide for the rezoning of land less than two (2) acres to include the CN District in order to increase development opportunities. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulation should be directed to the Office of Community Planning, 853-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2nd day of April , 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, April 17, 1997. 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 Mr. and Mrs. Conrad H. Daum, Trustees The Daum Charitable Remainder Unitrust 3005 Burnleigh Road, S. W. Roanoke, Virginia 24014 Publish in the Roanoke Times. once on Friday, April 4, 1997, and once on Friday, April 11, 1997. 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 Mr. and Mrs. Conrad H. Daum, Trustees The Daum Charitable Remainder Unitrust 3005 Burnleigh Road, S. W. Roanoke, Virginia 24014 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 April 14, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. and Mrs. Conrad H. Daum, Trustees The Daum Charitable Remainder Unitrust 3005 Burnleigh Road, S. W. Roanoke, Virginia 24014 Dear Mr. and Mrs. Daum: 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, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request to amend Section 36.1-690(h), General Authority and Procedure, of Chapter 36.1, Z.O. DJBg, of the Code of the City of Roanoke (1979), as amended, such amendment to provide for the rezoning of land less than two (2) acres to include the CN District, in order to increase development opportunities. The City Planning Commission, by report dated April 21, 1997, is recommending approval of the request. In cases where the extension of a CN zone may not be appropriate, the option to zone to C-1 could be an acceptable alternative. While CN zones may be smaller in size than many C-2 or industrial areas, the option to zone C-1 is one that logically should be considered. Any future change in zoning to C-1 must be considered on a case- by-case basis by the City Planning Commission and City Council. If you have questions with regard to the matter, please contact John R. Marlles, Chief of Planning and Community Development, at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Michael F. Urbanski, President, Greater Raleigh Court Civic League, 2108 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAK1N Deputy Cit? Clerk April 14, 1997 File #51 Mr. and Mrs. Conrad H. Daum, Trustees The Daum Charitable Remainder Unitrust 3005 Burnleigh Road, S. W. Roanoke, Virginia 24014 Dear Mr. and Mrs. Daum: 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, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request to amend Section 36.1-690(h), General Authority and Procedure, of Chapter 36.1, ~Qi3J~g, of the Code of the City of Roanoke (1979), as amended, such amendment to provide for the rezoning of land less than two (2) acres to include the CN District, in order to increase development opportunities. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 853-2344. Mr. and Mrs. Conrad H. Daum, Trustees The Daum Charitable Remainder Unitrust April 14, 1997 Page 2 It will be necessary for you, or your representative, to be present at the April 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMM/SSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, March 5, 1997, 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 bom the Daum Charitable Remainder Unitrust, trustees Conrad H. and Beverly B. Daum, that Section 36.1-690(h), "General Authority and Procedure", Code of the City of Roanoke (1979), as amended, be amended to read: Co) Subsection [paragraph] (g) notwithstanding, an area of less than two (2) acres, which abuts a C-2, CN, or an industrial district may be rezoned to C-1. 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, February 18, 1997 and February 25, 1997 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 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) 853-2541 Fax: (540) 853-114.5 SANDRA H. EAKIN Depuly Cily Clerk February 10, 1997 File #51 John R. Madles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from The Daum Charitable Remainder Unitrust requesting that Section 36.1-690(h), General Authortv and Procedure. of Chapter 36.1, Zonina, of the Code of the City of Roanoke (1979), as amended, be amended, to provide that an area of less than two acres, which abuts a C-2, CN, or an industrial district, may be rezoned to C-1. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. and Mrs. Conrad H. Daum, Trustees, The Daum Charitable Remainder Unitrust, 3005 Bumleigh Road, $. W., Roanoke, Virginia 24014 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dersey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Affomey pETITiON TO AlVlEND ZONING ORDINANCE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amendment of Section 36.1-690(h), "General Authority and Procedure" of the zoning ordinance of the City of Roanoke, Virginia providing for the rezoning of land less than two (2) acres to C-1 when it abuts a commercial or industrial district TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Daum Charitable Remainder Unitrust, trustees Conrad H. and Beverly B. Daurn, respectively, are owners of land in the City of Roanoke containing approximately one (1) acre, located at 1928 Maiden Lane, SW. Said property is identified as Tax Map Number 1331205. Said property is currently zoned RM-2, Residential Multi-family Medium, Density. This property was vacant for five years until purchase 1995 and refurbished by the petitioners. The ten foot private alley on the westerly side has a carport with 2 concrete runners for a driveway. The employees of Hurley's Restaurant, State Farm Insurance as well as the tenants of the two apartments above these businesses use this driveway to enter and exit. These businesses were granted by deed in 1939 an easement to use this 10 foot private alley/driveway (Exhibit A). In order to provide for the future sale and occupancy of this property, the petitioners desire to zone the property adjacent to a busy neighborhood commercial area for an office, but the property is less than two (2) acres in size. At present, the Zoning Ordinance provides that rezoning of the property to C-I is not permitted because of its size. Section 36.1-690(g) states that "exceDtJbr extension of existing district boundaries, no change in zoning classification to a C-I, (7-2, (7-3 LM or HM district shall be considered which involves an area of less than cwo (2) acres, and no separate (7-1, C-2, (;-3 LM or HM district shall be created by any amendment to this' chapter". Furthermore, Section 36.1-690(h) provides that "an area of less than cwo (2) acres, which abuts a ('-2 district or an industrial district may be rezoned lo a C-I ". The petitioners feel that this property adjacent to the CN, Neighborhood Commercial, District should receive similar consideration as those properties adjacent to C-2, General Commercial District or an industrial district. Therefore, the petitioners wish to amend Section 36.1-690(h) to include the CN District, thereby permitting the property to be considered for rezoning to C-1, Office District. A rezoning request for the property is being submitted concurrently with the amendment request. Pursuant to Section 36.1-690(h) of the Zoning Ordinance of the City of Roanoke, the Petitioners hereby request that section 36.1-690(h): (h) Subsection [paragraph] (g) notwithstanding, an area qf less than two (2) acres, which abuts' a ('-2 district or an industrial district may be rezoned to (7-1. be amended to read: (h) Subseclion [paragraph} (g) notwithstanding, an area of less than two (2) acres, which abuts a ('-2, CN, or an industrial district may be rezoned to (7-]. The Petitioners believe that the amendment as herein described is appropriate and beneficial in that CN and C-2 districts receive similar and current development opportunities. Wherefore, the Petitioners request that the above referenced amendment to Section 36.1-690(h) of the Code of the City of Roanoke (1987) as amended, be made. Respectively submitted the fifth day of Februmy 1997. o rad [I. Daum, Trustee Daum Charitable Remainder Unitrust 3005 Burnleigh Road Roanoke, Virginia 24014 Exhibit_A Front View ,~- Rear View 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy CJI3. Clerk April 25, 1997 File ff~51 Mr. Richard S. Winstead 1322 Watauga Street, S. W. Roanoke, Virginia 24015 Dear Mr. Winstead: Your request to withdraw a petition to rezone a tract of land located west of Denniston Avenue, S. W., containing 1.835 acre, described as Official Tax No. 1330606, from RM-2, Residential Multi-family, Medium Density District, and CN, Neighborhood Commercial District, to C-1, Office District, subject to certain conditions, was before the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. On motion, duly seconded and unanimously adopted, Council concurred in the request to withdraw the petition for rezoning. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Mr. Richard S. Winstead April 25, 1997 Page 2 pc; Edward A. Natt, Attorney, Osterhoudt, Ferguson, Naif, Aheron & Agee, P.C., 1919 Electric Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. William C. Damron, 1809 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Jonathan W. Hartley, 1877 Arlington Road, S. W., Roanoke, Virginia 24015 Ms. Anne Wilson, 1806 Westover Avenue, S. W., Roanoke, Virginia 24015 Michael F. Urbanski, President, Greater Raleigh Court Civic League, 2108 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Francis J. Eastbum, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Thurman Crowder, 1312 Winborne Street, S. W., Roanoke, Virginia 24015 Ms. Martha C. Flora, 1805 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Carolyn W. MacLeod, 1815 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Colette F. Davidson, 5533 Westbriar Court, S. W., Roanoke, Virginia 24018 Mr. Leo T. Barber, P. O. Box 4307, Roanoke, Virginia 24015 Mr. and Mrs. William J. Council, 1733 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Gwynhilda J. Martin, 1729 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Carroll F. Toler, Jr., 1809 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Roger Rhoades, 1819 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Anne B. Wilson, 1806 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Robert Delzell, 1732 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. William M. Woolwine, 1801 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. Michael D. Riggins, 1734 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. David V. Davis, 1629 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Charles I. Cornelius, 2112 Mountain View Terrace, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Joseph T. Kavanaugh, 1308 Our Street, S. W., Roanoke, Virginia 24015 Ms. Dorothy J. Spangler, 2108 Mountain View Terrace, S. W., Roanoke, Virginia 24015 Ms. Mary P. Shank and Ms. Anne L. Shank, 1805 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. James M. Santini, 1733 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. William R. DeBusk, 1724 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Mark Kleinsak, 1630 Hampton Avenue, S. W., Roanoke, Virginia 24015 Mr. Richard S. Winstead April25,1997 Page 3 pc: Mr. Robert Milt, 1810 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Baughman, 1530 Hampton Avenue, S. W., Roanoke, Virginia 24015 Mrs. E. L. Adkins, 1722 Westover Avenue, S. W., Roanoke, Virginia 24015 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney William F. Clark, Director, Public Works Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Roanoke City Planning Commission April 21, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Richard Winstead, represented by Edward A. Natt, attorney, property located on Denniston Avenue, S.W., bearing Official Tax No. 1330606, zoned RM-2, Residential Multifamily, Medium Density District and CN, Neighborhood Commercial District, be rezoned to C-l, Office District, subject to certain conditions proffered by the petitioner. I. Background: Pumose of the rezoning request is to rezone a 2.563 acre tract for the purpose of constructing an office complex. B. Original Petition to rezone was filed on January 8, 1997. Roanoke Vision, the City's adopted comprehensive plan, encourages the revitalization or creation of compact neighborhood commercial districts and discourages actions which may lead to residential commercial conflicts. The Grandin Village area was one of the 16 areas identified as "potential new/improved neighborhood centers" in the comprehensive plan. Official zonin ma for the Grandin Village area was changed after extensive study in 1987 from C-2, General Commercial District, to CN, Neighborhood Commercial District. The purpose of the rezoning was to preserve the existing neighborhood commercial area and to emphasize its compatibility with the adjoining residential area. Neighborhood organization is the Greater Raleigh Court Civic League. The petitioner met with the civic league representatives on January 20, 1997, to discuss the proposal. In correspondence dated January 21, 1997 (attached), Michael F. Urbanski, President of the civic league, indicates that the civic league has a number of serious concerns and reservations concerning the proposal and the board resolved to oppose the application as it was originally presented. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (540) 853-2344 Members of Council Page 2 II. Plannin~ office has received numerous calls from adjacent residents expressing the following concerns: (1) traffic impact on the surrounding neighborhood; (2) access; (3) parking; (4) appearance of the proposed office structure; (5) compatibility with the surrounding neighborhood; (6) scale; (7) buffering; and (8) grading. Current Situation: Planning Commission public hearing was scheduled on February 5, 1997. Petitioner's attorney submitted a written request to continue the rezoning for one month to address neighborhood issues and questions. The request was approved by a 4-0 vote of the Planning Commission. Neighborhood meeting was held on February 4, 1997, at Virginia Heights Elementary School. Approximately 20 residents were in attendance. Mr. John Marlles opened the meeting and described the rezoning process in the City of Roanoke. Mr. Ed Natt summarized the rezoning request. Mr. Richard Winstead stated that he would like to develop an office complex on the property which was currently zoned for multifamily development. He sated that building number one would be two stories with approximately 4,000 square feet on each floor. The following concerns were raised by residents at the meeting: (1) proposed access from Watauga Street; (2) design of proposed new office structures; (3) compatibility of proposed office structures with surrounding neighborhood; (4) grading of site to accommodate proposed office buildings; (5) increased traffic in residential portion of neighborhood; (6) storm water management; and (7) possible demolition of existing residential structure on Official Tax No. 1330611. C. Amended petition to rezone was filed on February 27, 1997. Residents of the neighborhood met with a representative of the Raleigh Court Civic League on February 24, 1997 (see attached letter from Brenda McDaniel, Vice President, dated 2/25/97). The following additional concerns and questions were raised by residents: (1) type and number of tenants permitted under the proposed C- 1 zoning; (2) range of rents to be charged; (3) possibility of additional commercial encroachment into the residential portion of the neighborhood; (4) safety for children playing in the neighborhood; (5) water pressure; and (6) buffering. Planning Commission public hearing was held on March 5,1997. Mr. Ed Natt, attorney, appeared before the Commission on behalf of Mr. Winstead. Mr. Natt stated that because of concerns from the neighborhood, the petitioner was amending the petition to delete the parcel of land containing the house from the rezoning. Mr. Natt stated that because of concerns from the neighborhood regarding the size and configuration of Building B on the site plan, the petitioner was willing to proffer Members of Council Page 3 that the structure would be a maximum of 6,000 square feet in either one or two stories. Mr. Natt said the third concern was screening and buffering. He stated that a row of screening would be placed along all residential property lines on the east and south sides of the site. in response to a question from Mr. Talevi, Mr. Natt stated that the petitioner was agreeable to changing the wording in proffer 4 from "general conformity" to "substantial conformity." Mr. Marlles gave the staff report. He said there had been considerable discussion between staff and the petitioner and neighborhood organization. He said staff felt that the petitioner had been made a substantial effort to deal with the issues raised by the neighborhood. He said that staff was recommending approval of the rezoning subject to the amended proffers and amended site plan. Jonathan Hartley (1877 Arlington Road, SW) appeared before the Commission. He said that the Greater Raleigh Court Civic League had recently completed a study of the Raleigh Court neighborhood which looked at such things as housing trends over the past 10 years. He discussed the problem with residential conversions in the neighborhood and traffic congestion caused by on-street parking. He said that he felt those factors had bearing on the rezoning request. Mr. Hartley said that the civic league had met three times, twice with the petitioner. He thanked the petitioner for their willingness to meet with the league and address some of the concerns. He said that the biggest concern was the traffic issue. He said that there was a very short stacking space to get out on Memorial Avenue and it was going to be very difficult for anyone to get onto Memorial Avenue. Mr. Hartley also voiced his concern over "general" conformity versus "substantial" conformity and said that the civic league was very concerned about the design of the buildings. He said that Messrs. Natt and Winstead had really listened to the neighbors concerns and most of the concerns had been addressed. Mrs. Coles asked Mr. Hartley if he was okay with the current design. Mr. Hartley responded that he could not really comment on the design of the proposed office structure without a more formal review. He said he felt the neighborhood generally supported the proposal. He said that the concept of offices was favored over multifamily use. Anne Wilson (1806 Westover Avenue) appeared before the Commission'and stated that she felt Messrs. Winstead and Natt had done a very good job of addressing the neighborhood's concerns. She said that she was concerned about runoffbecause of the steepness of the topography in the area. She said that she was also concerned Members of Council Page 4 about the aesthetics of the storm water management facility, as well as the traffic that would be routed through the neighborhood. Mr. Bill Damron (1809 Westover Avenue) appeared before the Commission and stated that property in question was situated on a hill. He said that he was concerned about the grading and how the development would look from the hill. He said that he was also concemed about the removal of the parcel containing the house from the rezoning petition and the fact that the house could be razed. He said that he was also concerned about C-1 zoning "spilling over' to the residential streets. He said that he needed assurance that Westover Avenue would not become an office park. In response to comments raised by the neighborhood, Mr. Natt said that storm water detention and runoff would be addressed and that the storm water management area would be a grassy area with a berm. He also noted that Mr. Winstead intended to continue to use the present structure as his home and office. Relative to C-1 spillover, Mr. Natt said that the property in question was somewhat elevated and he did not think that "spillover" was an issue. Mr. Frank Eastbum (1810 Denniston Avenue) appeared before the Commission and stated his property adjoined the site on the south side. He said that his concern was about Building B being two stories. He said that a two story structure would create a large visual blockage. Mr. Natt responded that if Building B became two stories, the footprint would be cut in half. He further stated that he had not made the final decision on that. He also noted that it had been his impression that the neighborhood was concerned about the view fi.om the rear. He said that fi.om the rear, a person might see one story plus five feet. He further stated that if the building were two stories, there would be 3,000 square feet on each floor. Mr. Hartley again appeared before the Commission and stated that many changes had been made between meetings. He said that once the proffered conditions were submitted, the civic league would like the opportunity to re-evaluate them and possibly reconsider some of the things that had been stated today, before the matter went before City Council. Second Amended Petition was filed on March 28, 1997. The following conditions were proffered: The property will be developed in substantial conformity with the site plan SK2 prepared by Jones & Jones Associates Architects, P.C. dated February 20, 1997, revisedMarch 6, 1997, a copy of which is attached to the petition Members of Council Page 5 III. Issues: A. to rezone as Exhibit "1" subject to any changes required by the City'during comprehensive development plan review. All lighting on the property, including lighting of the structure itself and the parking lots, will be directed away from the adjOining residential areas. Within 12 months of the time the rezoning is granted, a 10 foot wide area of landscaping using evergreens will be installed and maintained along the south and east property lines. The proposed office structures to be constructed on Official Tax No. 1330606 will be constructed in substantial conformity with the rendering SK3 prepared by Jones & Jones Associates Architects, P.C., dated February 20, 1997, a copy of which is attached as Exhibit "2". The proposed office structures will be one or two stories tall, have a hip roof and will be constructed of brick. Building B shall contain no more than 6, 000 square feet of office space in either one or two stories. The general location of Building B shall be as shown on the site plan. Each of the new buildings shall reflect some architectural characteristics of the existing residential structure on the adjoining parcel. The main construction entrance for the development shall be from Denniston ,4 venue. 6. The final comprehensive development plan shall be subject to review and approval by the Roanoke City Planning Commission. Comprehensive plan recommends that: Expansion of commercial development should be carefully evaluated to ensure minimal conflict with residential areas and to promote good land use. 2. Neighborhood character and environmental quality be protected. Zoning of the subject properties is a combination of RM-2, Residential Multifamily, Medium Density District and CN, Neighborhood Commercial District. The zoning pattern in the area is as follows: to the north across Memorial Avenue is C-l, Office District; to the south and east is RM-2, Residential Multifamily, MediuTM Density District; to the east is CN, Neighborhood Commercial District. Land use of Official Tax No. 1330606 (1.764 ac.) is vacant, undeveloped. Land use to the north is a landscape business located in a former gas station. Land use to the Members of Council Page 6 north across Memorial Avenue is office. Land use to the south fronting on Westover Avenue is a combination of multifamily and single family development. Land use to the east across Denniston Avenue is a fire station and single family development. Land use to the west is commercial (Mick-or-Mack grocery store). Access to the site is an issue. In response to neighborhood concerns, the proffered site plan has been amended to require most traffic generated by the two proposed new office buildings to enter and leave the site from a new driveway to be constructed off of Denniston Avenue.. Traffic is still a concern to neighborhood residents. The City's Traffic Engineer has indicated that Memorial Avenue is adequate to accommodate the approximately 400 trips per day which will be generated by the proposed office complex. Appearance and compatibility of the proposed two new office buildings with the surrounding neighborhood are still concerns to surrounding residents and the Raleigh Court Civic League. In response to neighborhood concerns, the amended petition includes a proffer requiring that the proposed office structures to be located on Official Tax No. 1330606 will be constructed in substantial conformity with the rendering SK3 prepared by Jones & Jones Associates Architects, P.C., dated March 6, 1997. The proffer further states that the proposed office structures will be one or two stories tall, have a hip roof and will be constructed of brick. Grading of the site to accommodate the proposed new office buildings is also a concern of neighborhood residents. A preliminary grading plan showing how the site could be graded to accommodate the proposed office buildings has been provided for staff review. Final grading plans will be required as part of the comprehensive development plan review process. Storm water management will be addressed as part of the comprehensive development plan review process. The proffered site plan shows a proposed on-site storm water detention basin in the northwest portion of Official Tax No. 1330606. IV. Recommendation: By a vote of 4-0 (Mrs. Duerk and Mr. Manetta absent) the Planning Commission voted to recommend the approval of the requested rezoning. The proffered conditions will help insure that the proposed office structures will blend in with the surrounding residential neighborhood. Office development is also an appropriate transitional use for the property. Members of Council Page 7 JRM:mpf attachments Respectfully submitted, Gilbert E. Butler, Temporary Chairman Roanoke City Planning Commission Assistant City Attorney Zoning Administrator Attorney for the Petitioner Petitioner President, Greater Raleigh Court Civic League SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Request of Richard S. Winstead to rezone property identified as Official Tax No. 1330606 located west of Denniston Ave, SW, subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Richard Winstead, owns land in the City of Roanoke containing 1.835 acres, more or less, located west of Denniston Avenue, identified as Official Tax Number 1330606 currently zoned RM-2, Residential Multi Family and CN Neighborhood Commercial. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax number 1330606 be rezoned from RM-2 Residential Multi-Family and CN Neighborhood Commercial to C-l, Office District, subject to certain conditions for the purpose of establishing an office park; be described as follows: Being Official Tax No.: or less. The Petitioner believes the rezoning of land will further the intent and purposes of Ordinance and its comprehensive plan, in that attractive office park. The Petitioner hereby proffers tract is rezoned as requested, that set forth below, said property to 1330606 containing 1.835 acres, more the said tract of the City's Zoning it will provide an and agrees that if the said the rezoning will be subject to, and that the Petitioner will abide by, the following conditions identified, by Official Tax No. 1330606. 1. The property will be developed in substantial conformity with the site plan SK2 prepared by Jones & Jones Associates Architects, P.C., dated February 20, 1997, revised March 6, 1996, a copy of which is attached to the Petition to Rezone, as Exhibit "1", subject to any changes required by the City during comprehensive development plan review. 2. All lighting on the property, including lighting of the structure itself and the parking lots, will be directed away from the adjoining residential areas. 3. Within 12 months of the time the rezoning is granted, a 10 foot wide area of landscaping using evergreens will be installed and maintained along the entire South and East property lines. 4. The proposed office structures to be constructed on Official Tax No. 1330606 will be constructed in substantial conformity with the rendering SK3 prepared by Jones & Jones Associates Architects, P.C., dated February 20, 1997, a copy of which is attached as Exhibit "2". The proposed office structures will be one or two stories tall, have a hip roof and will be constructed of brick. Building B shall contain no more than 6,000 square feet of office space in either one or two stories. The general location of Building B shall be as shown on the site plan. Each of the new buildings shall reflect some architectural characteristics of the existing residential structure on the adjoining parcel. be from Denniston Avenue· 6. The final comprehensive subject to review and approval by Commission. The main construction entrance for the development shall development plan shall be the Roanoke City Planning Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. W-~EREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~J~ , 1997· RESPECTFULLY SUBMITTED, Of counsel e:..:d.. .:/....:z . ./ Signature of Owner ~ Z:\WP50\LISA\WINSTD3.PET:laf03/26/97 · '"";,, %,,.~::::::~ ,,G' A,,,eve.: . ~ , ~V4~ / .... .._ ....~, ~ o % I TOTAL . .. --...:. . TRACT A .~ I~1 I ~1 ALL LoT LINES ~EING VACATEO BY THIS MAP ~ I I ALLEY ANe , ~ ~ I ORO ~. 26848 OATEO '~-' '~ :'I ' ' . ~ , /1' ~/ /' e/fy ~ e ~4~ ee~ u LAHO S~VE~ ' ~3.0~0 le~~ EXHIBIT "2" Location Map Name Martha C. Flora Carolyn W. MacLeod Colette Fields Davidson Leo T. Barber Jeffrey S. Maronic and Laura T. Maronic James Luther Whitenack william C. Dameron and Elizabeth L. Dameron Martha C. Flora William J. Council and Iris P. Council Gwynhilda Martin Gwynh~lda J. Martin Francis J. Eastburn and Primrose Eastburn EXHIBIT "3" PROPERTY OWNERS Address 1805 Westover Ave, SW Roanoke, VA 24015 1815 Westover Ave, SW Roanoke, VA 24015 5533 Westbriar Court Roanoke, VA 24018 P.O. Box 4307 Roanoke, VA 24015 4932 Cave Spring Ln, SW Roanoke, VA 24018 1819 Maiden Lane, SW Roanoke, VA 24015 1809 Westover Ave., SW Roanoke, VA 24015 1801 Westover Ave., SW Roanoke, VA 24015 1733 Westover Ave, SW Roanoke, VA 24015 1729 Westover Ave, SW Roanoke, VA 24015 1729 Westover Ave, SW Roanoke, VA 24015 1810 Denniston Ave, SW Roanoke, VA 24015 1330620 1330618 1330603 1330605 1330616 1330917 1330619 1330621 1330622 1330623 1330624 1330631 O0 LEGAL DESCRIPTION Beginning at point on the southerly side of Denniston Avenue at the southwest corner of the property of Francis J. B. Primrose Eastburn (Tax Map 133-0631); thence with the southerly line of Denniston Avenue, N. 60° 11' W. 142.82' to a point; thence leaving Denniston Avenue and with the property of Exxon Corp. (Tax Map 133-0605), S. 29° 49' E. 47.05' to a point; thence S. 74° 32' W. 197.31' to a point; thence S. 2° 04' W. 265.75' to a point; thence So 81° 48' W. 44.39' to a point; thence N. 84° 17' E. 160.96' to a point; thence N. 2° 4' E. 158.74' to a point; thence N. 74° 32' 78.51' to a point; thence N. 84° 17' E. 86.93' to a point; thence N. 15° 28' W. 93.45' to the point and place of beginning and containing 1.835 acres. o~ TIlE ROANOKE Ad Number: 40434147 Publisher's Fee: $124.80 Osterhoudt Ferguson Natt Attn: Mike Aheron P.O. Box 20068 Roanoke, VA 24018 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, 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: 04/04/97 FULL RUN - Friday 04/1 1/97 FULL RUN - Friday Witness, this 21st day of April, 1997. 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, April 21, 1997, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multi-family, Medium Density District, and CN, Neighborhood Commercial District, to following property: That certain 1.835-acre tract of C-i, Office District, the land located west of Denniston Avenue, S.W., and bearing Official Tax No. 1330606, subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2nd day of ^pri] , 1997. Mary F. Parker, City Clerk. Publish in the J~Za[]~Z~, once on Thursday, April 17, 1997. 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 Edward A. Natt, Attorney Osterhoudt, Ferguson, Naif, Aheron and Agee P. O. Box 20068 Roanoke, Virginia 24018-0007 Publish in the Roanoke Times, once on Friday, April 4, 1997, and once on Friday, April 11, 1997. 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 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee P. O. Box 20068 Roanoke, Virginia 24018-0007 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) 853-2541 Fax: (540) 853-1145 April 14, 1997 File #51 SANDRA H. EAKIN Deputy C~D Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. 1919 Electric Road, S. W. Roanoke, Virginia 24014 Dear Mr. Natt: 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, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Richard S. Winstead that a tract of land located west of Denniston Avenue, S. W,, containing 1.835 acre, more or less, described as Official Tax No. 1330606, be rezoned from RM-2, Residential Multi-family, Medium Density District, and CN, Neighborhood Commercial District, to C-1, Office District, subject to certain conditions proffered by the petitioner. The City Planning Commission, by report dated April 21, 1997, is recommending approval of the request inasmuch as the proffered conditions for rezoning will help insure that the proposed office structures will blend with the surrounding residential neighborhood; and office development is also an appropriate transitional use for the property. If you have questions with regard to the request for rezoning, please contact John R. Marlles, Chief of Planning and Community Development, at 853-2344. Sincerely, Mary F, Parker, CMC/AAE City Clerk MFP:sm Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. April 14, 1997 Page 2 pc: Mr. and Mrs. William C. Damron, 1809 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Jonathan W. Hartley, 1877 Arlington Road, S. W., Roanoke, Virginia 24015 Ms. Anne Wilson, 1806 Westover Avenue, S. W., Roanoke, Virginia 24015 Michael F. Urbanski, President, Greater Raleigh Court Civic League, 2108 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Francis J. Eastburn, 1810 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Thurman Crowder, 1312 Winborne Street, S. W., Roanoke, Virginia 24015 Ms. Martha C. Flora, 1805 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Carolyn W. MacLeod, 1815 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Colette F. Davidson, 5533 Westbriar Court, S. W., Roanoke, Virginia 24018 Mr. Leo T. Barber, P. O. Box 4307, Roanoke, Virginia 24015 Mr. and Mrs. William J. Council, 1733 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Gwynhilda J. Martin, 1729 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Carroll F. Toler, Jr., 1809 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Roger Rhoades, 1819 Westover Avenue, S. W., Roanoke, Virginia 24015 Ms. Anne B. Wilson, 1806 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Robert Delzell, 1732 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. William M. Woolwine, 1801 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. Michael D. Riggins, 1734 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. David V. Davis, 1629 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Charles I. Cornelius, 2112 Mountain View Terrace, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Joseph T. Kavanaugh, 1308 Our Street, S. W., Roanoke, Virginia 24015 " Ms. Dorothy J. Spangler, 2108 Mountain View Terrace, S. W., Roanoke, Virginia 24015 Ms. Mary P. Shank and Ms. Anne L. Shank, 1805 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. James M. Santini, 1733 Maiden Lane, S. W., Roanoke, Virginia 24015 Mr. William R. DeBusk, 1724 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. Mark Kleinsak, 1630 Hampton Avenue, S. W., Roanoke, Virginia 24015 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. April 14, 1997 Page 3 pc: Mr. Robert Milt, 1810 Westover Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Baughman, 1530 Hampton Avenue, S. W., Roanoke, Virginia 24015 Mrs. E. L. Adkins, 1722 Westover Avenue, S. W., Roanoke, Virginia 24015 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. Virginia 240H-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy C~I> Clerk April 14, 1997 File #51 Edward A. Naif, Attorney Osterhoudt, Ferguson, Naif, Aheron & Agee, P.C. 1919 Electric Road, S. W. Roanoke, Virginia 24014 Dear Mr. Natt: 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, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Richard S. Winstead that a tract of land located west of Denniston Avenue, S. W., containing 1.835 acre, more or less, described as Official Tax No. 1330606, be rezoned from RM-2, Residential Multi-family, Medium Density District, and CN, Neighborhood Commercial District, to C-1, Office District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Chief of Planning and Community Development, at 853-2344. Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C. April 14, 1997 Page 2 It will be necessary for you, or your representative, to be present at the April 21 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chu{ch Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk March 31, 1997 File #51 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a second amended petition from Edward A. Natt, Attorney, representing Richard S. Winstead, requesting that a tract of land located west of Denniston Avenue, S. W., containing 1.835 acres, more or less, described as Official Tax No. 1330606, be rezoned from RM-2, Residential Multi-Family District and CN, Neighborhood Commercial District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron 8, Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H p,qEZONINO.~7~D,W FO SECOND AMENDED PETITION TO REZONE IN RE ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIROINI.~ Request of Richard S. Winstead to rezone property identified as Official Tax No. 1330606 located west of Denniston Ave, SW, subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Richard Winstead, owns land in the City of Roanoke containing 1.835 acres, more or less, located west of Denniston Avenue, identified as Official Tax Number 1330606 currently zoned RM-2, Residential Multi Family and CN Neighborhood Commercial. A map of the property to be rezoned is attached as identified as Official Tax number 1330606 be rezoned from RM-2 Residential Multi-Family and CN Neighborhood Commercial to C-i, Office District, subject to certain conditions set forth below, for the purpose of establishing an office park; said property to be described as follows: Being Official Tax No.: 1330606 containing 1.835 acres, more or less. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an attractive office park. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property to, and that the Petitioner will abide by, the following conditions identified, by Official Tax No. 1330606. 1. The property will be developed in substantial conformity with the site plan SK2 prepared by Jones & Jones Associates Architects, P.C., dated February 20, 1997, revised March 6, 1996, a copy of which is attached to the Petition to Rezone, as Exhibit "1", subject to any changes required by the City during comprehensive development plan review. 2. Ail lighting on the property, including lighting of the structure itself and the parking lots, will be directed away from the adjoining residential areas. 3. Within 12 months of the time the rezoning is granted, a 10 foot wide area of landscaping using evergreens will be installed and maintained along the entire South and East property lines. 4. The proposed office structures to be constructed on Official Tax No. 1330606 will be constructed in substantial conformity with the rendering SK3 prepared by Jones & Jones Associates Architects, P.C., dated February 20, 1997, a copy of which is attached as Exhibit "2". The proposed office structures will be one or two stories tall, have a hip roof and will be constructed of brick. Building B shall contain no more than 6,000 square feet of office space in either one or two stories. The general location of Building B shall be as shown on the site plan. Each of the new buildings shall reflect some architectural characteristics of the existing residential structure on the adjoining parcel. o be from Denniston Avenue. 6. The final comprehensive subject to review and approval by Commission. The main construction entrance for the development shall development plan shall be the Roanoke City Planning Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. Wq{EREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of [%~x , 1997. RESPECTFULLY SUBMITTED, Signature of Owner Z:~WP50~LISA~WINSTD3.PET:laf03/26/97 T. R PAFIK£ LAND SURVll YC CERTtIIC~TE k 42O EXHIBIT "2" Location Map Name Martha C. Flora Carolyn W. MacLeod Colette Fields Davidson Leo T. Barber Jeffrey S. Maronic and Laura T. Maronic James Luther Whitenack William C. Dameron and Elizabeth L. Dameron Martha C. Flora William J. Council and Iris P. Council Gwynhilda Martin Gwynhilda J. Martin Francis J. Eastburn and Primrose Eastburn EXHIBIT "3" PROPERTY OWNERS Address 1805 Westover Ave, Roanoke, VA 24015 1815 Westover Ave, Roanoke, VA 24015 5533 Westbriar Court Roanoke, VA 24018 P.O. Box 4307 Roanoke, VA 24015 SW SW 4932 Cave Spring Ln, SW Roanoke, VA 24018 1819 Maiden Lane, SW Roanoke, VA 24015 1809 Westover Ave., SW Roanoke, VA 24015 1801 Westover Ave., SW Roanoke, VA 24015 1733 Westover Ave, SW Roanoke, VA 24015 1729 Westover Ave, SW Roanoke, VA 24015 1729 Westover Ave, SW Roanoke, VA 24015 1810 Denniston Ave, SW Roanoke, VA 24015 1330620 1330618 1330603 1330605 1330616 1330917 1330619 1330621 1330622 1330623 1330624 1330631 (D (D (D (3(3 (~)® (D® ~O'd ~O0'ON ~:£~ Z6'~ JeN £~9£-gg£-£OZ-~:93i H3~W S3N0£ ~ S~NO£ LEGAL DESCRIPTION Beginning at point on the southerly side of Denniston Avenue at the southwest corner of the property of Francis J. B. Primrose Eastburn (Tax Map 133-0631); thence with the southerly line of Denniston Avenue, N. 60° 11' W. 142.82' to a point; thence leaving Denniston Avenue and with the property of Exxon Corp. (Tax Map 133-0605), S. 29° 49' E. 47.05' to a point; thence S. 74° 32' W. 197.31' to a point; thence S. 2° 04' W. 265.75' to a point; thence S. 81° 48' W. 44.39' to a point; thence N. 84° 17' E. 160.96' to a point; thence N. 2° 4' E. 158.74' to a point; thence N. 74° 32' 78.51' to a point; thence N. 84° 17' E. 86.93' to a point; thence N. 15° 28' W. 93.45' to the point and place of beginning and containing 1.835 acres. 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) 853-2541 Fax: (5401 853-1145 SANDRA H. EAKIN Deputy CiD Clerk Februaw 28,1997 File #51 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-,5 )(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an mended petition from Edward A. Natt, Attorney, representing Richard S. Winstead, reqt esting that a tract of land located west of Denniston Avenue, S. W., containing 2.563 acr s, more or less, described as Official Tax Nos. 1330611 and 1330606, be rezoned from r ~-2, Residential Multi-Family District and CN, Neighborhood Commercial District, to C-1 3ffica District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney FIRST AMENDED PETITION TO REZONe. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Request of Richard S. Winstead to rezone property identified as Official Tax Nos. 1330611 and 1330606, located west of Denniston Ave, SW, subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Richard Winstead, owns land in the City of Roanoke containing 2.563 acres, more or less, located west of Denniston Avenue, identified as Official Tax Numbers 1330611 and 1330606 currently zoned RM-2, Residential Multi Family and CN Neighborhood Commercial. A map of the property to be rezoned is attached as Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax numbers 1330611 and 1330606 be rezoned from RM-2 Residential Multi-Family and CN Neighborhood Commercial to C-I, Office District, subject to certain conditions set forth below, for the purpose of establishing an office park; said property to be described as follows: Beginning at a point on the westerly side of Denniston Avenue, SW, said point being the northerly point of Richard Winstead property; thence leaving said point and continuing with Denniston Avenue, S. 60° 11' 00" E. 142.82' to a point; thence S. 15° 28' 00" E. 93.45' to a point; thence S. 15° 28' 00" E. 173.07' to a point; thence S. 84° 17' 00" W. 215.11' to a point; thence S. 84° 17' 00" W. 160.96' to a point; thence N. 81° 48' 00" W. 44.39' to a point; thence N. 2° 04' 00" E. 208.87' to a point; thence N. 74° 32' 00" E. 197.31'; thence N. 29° 49' 00" E. 47.05' to the point and place of beginning. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of Ordinance and its comprehensive plan, in that attractive office park. the City's Zoning it will provide an The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions identified, by Official Tax Nos. 1330611 and 1330606. 1. The property will be developed in substantial conformity with the site plan SK2 prepared by Jones & Jones Associates Architects, P.C., dated February 20, 1997, a copy of which is attached to the Petition to Rezone, as Exhibit "1", subject to any changes required by the City during comprehensive development plan review. 2. All lighting on the property, including lighting of the structure itself and the parking lots, will be directed away from the adjoining residential areas. 3. Within 12 months of the time the rezoning is granted, a 10 foot wide area of landscaping using evergreens will be installed and maintained along the South and East property lines. 4. The proposed office structures to be constructed on Official Tax Nos. 1330611 and 1330606 will be constructed in general conformity with the rendering SK3 prepared by Jones & Jones Associates Architects, P.C., dated February 20, 1997, a copy of which is attached as Exhibit "2". The proposed office structures will be one or two stories tall, have will be constructed of brick. 5. The final comprehensive development a hip roof and plan shall be subject to review and approval by the Roanoke City Planning Commission. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. W~EREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~u~, 1997. RESPECTFULLY SUBMITTED, Of counsel Signature of Owner z: \wpSO\ [ i sa\we L L s. Pet: L a fOZ/ZT/9? EXHIBIT "1" THIS PROPERTY IS NOT WiTHiN THE' FEDERAL INSURANCE RATE MAP ONE HUNDRED YEAR FLO00 PLA;N. Apr. No. 133-0606 H~'ON FRANCIs j. a PRIMROSE AOr. Ne. 135 ~0631 / .2.563 AC. / T. P. PARKER LAND SURVEYOR CERTIFICATE NO. EXHIBIT "2" Location Map Name Martha C. Flora Carolyn W. MacLeod Colette Fields Davidson Leo T. Barber Jeffrey S. Maronic and Laura T. Maronic James Luther Whitenack William C. Dameron and Elizabeth L. Dameron Martha C. Flora William J. Council and Iris P. Council Gwynhilda Martin Gwynhilda J. Martin Francis J. Eastburn and Primrose Eastburn EXHIBIT "3" PROPERTY OWNERS Address 1805 Westover Ave, Roanoke, VA 24015 1815 Wesuover Ave, Roanoke, VA 24015 5533 Westbriar Court Roanoke, VA 24018 P.O. Box 4307 Roanoke, VA 24015 SW SW 4932 Cave Spring Ln, SW Roanoke, VA 24018 1819 Maiden Lane, SW Roanoke, VA 24015 1809 Westover Ave., SW Roanoke, VA 24015 1801 Westover Ave., SW Roanoke, VA 24015 1733 Westover Ave, SW Roanoke, VA 24015 1729 Wesuover Ave, SW Roanoke, VA 24015 1729 Westover Ave, SW Roanoke, VA 24015 1810 Denniston Ave, SW Roanoke, VA 24015 1330620 1330618 1330603 1330605 1330616 1330917 1330619 1330621 1330622 1330623 1330624 1330631 ®0 ® ® ® O~ 0 0 \ OoOo® ®® EO'8 ~O0'ON 9S:~I Z6'Z~ q@J £19~-gg~-~OZ-I:Tgl H3~ SgNO¢ ~ SgNO¢ TOO'ON Zg:~T ZB'Z~ q@3 HD~W S~NO£ ~ S~NO£ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONTNG REQUEST' OF: Richard Winstead to rezone Tax Nos. 1330611 and 1330606 from RM-2 and CN to C-I, Office District, conditional )AFFIDAVIT ) COMMONW]EALTH 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 mended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of February, 1997, notices of a public hearing to be held on the 5th day of March, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1330607 1330620 1330621 1330618 1330603 1330605 1330619 1330622 1330623 1330624 1330631 1330416 1330401 Owner's Name Thurman and Shirley Crowder Martha C. Flora Carolyn W. MacLeod Colette Fields Davidson Leo T. Barber William and Elizabeth Dameron William and Iris Council Gwynhilda Martin Francis and Primrose Eastburn Carroll F. Toler, Jr. Fire Station No. 7 Mailing Address 1312 Winborne Street, SW Roanoke, VA 24015 1805 Westover Avenue, SW 1801 Westover Avenue, SW Roanoke, VA 24015 1815 Westover Avenue, SW Roanoke, VA 24015 5533 Westbriar Court Roanoke, VA 24018 P. O. Box 4307 Roanoke, VA 24105 1809 Westover Avenue, SW Roanoke, VA 24015 1733 Westover Avenue, SW Roanoke, VA 24015 1729 Westover Avenue, SW Roanoke, VA 24015 1810 Denniston Avenue, SW Roanoke, VA 24015 1809 Denniston Avenue, SW Roanoke, VA 24015 1330617 Roger and Sandra Rhoades Others Notified: Ann Wilson Bob Delzell Mike Woolwine Mike Riggins David Davis Charles and June Cornelius Debbie and Joe Kavanaugh Dorothy J. Spangler Mary Pat Shank Anne Shank V.J. Santini Bill DeBusk Mark Kleinsak Bob Milt John and Cynthia Baughman Mrs. E. L. Adkins 1819 Westover Avenue, SW Roanoke, VA 24015 1806 Westover Avenue, SW Roanoke, VA 24015 1732 Westover Avenue, SW Roanoke, VA 24015 1801 Maiden Lane, SW Roanoke, VA 24015 1732 Maiden Lane, SW Roanoke, VA 24015 1629 Westover Avenue, SW Roanoke, VA 24015 2112 Mountain View Terrace Roanoke, VA 24015 1308 Our Street Roanoke, VA 24015 2108 Mountain View Terrace Roanoke, VA 24015 1805 Maiden Lane, SW Roanoke, VA 24015 1733 Maiden Lane, SW Roanoke, VA 24015 1724 Westover Avenue, SW Roanoke, VA 24015 1630 Hampton Avenue, SW Roanoke, VA 24015 1810 Westover Avenue, SW Roanoke, VA 24015 1530 Hampton Avenue, SW Roanoke, VA 24015 1722 Westover Avenue, SW Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of February, 1997 MARY F. PARKER, CMC/AA]~ 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 January 9, 1997 File #51 Gilbert E. Butler, Chairperson City Planning Commission 308 Second Street, S. W. Roanoke, Virginia 24011 Dear Mr. Butler:. 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 Edward A. Naif, Attorney, representing Richard S. Winstead, requesting that a tract of land located west of Denniston Avenue, S. W., containing 2.563 acres, more or less, described as Official Tax Nos. 1330611 and 1330606, be rezoned from RM-2, Residential Multi-Family District, to C-1, Office District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Ferguson, NaR, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 John R. Mariles, 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 PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Request of Richard S. Winstead to rezone property identified as Official Tax Nos. 1330611 and 1330606, located west of Denniston Ave, SW, subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Richard Winstead, owns land in the City of Roanoke containing 2.563 acres, more or less, located west of Denniston Avenue, i~entified as Official Tax Numbers 1330611 and 1330606 currently zoned RM-2, Residential Multi Family and CN Neighborhood Commercial. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax numbers 1330611 and 1330606 be rezoned from RM-2 Residential Multi-Family to C-i, Office District, subject to certain conditions set forth below, for the purpose of establishing an office park; said property to be described as follows: Beginning at a point on the westerly side of Denniston Avenue, SW, said point being the northerly point of Richard Winstead property; thence leaving said point and continuing with Denniston Avenue, S. 60° 11' 00" E. 142.82' to a point; thence S. 15° 28' 00" E. 93.45' to a point; thence S. 15° 28' 00" E. 173.07' to a point; thence S. 84° 17' 00" W. 215.11' to a point; thence S. 84° 17' 00" W. 160.96' to a point; thence N. 81° 48' 00" W. 44.39' to a point; thence N. 2° 04' 00" E. 208.87' to a point; thence N. 74° 32' 00" E. 197.31'; thence N. 29° 49' 00" E. 47.05' to the point and place of beginning. The Petitioner believes the rezoning of the said tract of NAYT, AH£RaN & A{~EE land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an attractive office park. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions identified, by Official Tax Nos. 1330611 and 1330606. 1. That the property will be developed in substantial conformity with the site plan entitled Raleigh Ridge Professional Park by Jones & Jones Architects, prepared for RichardS'. Winstead dated January 6, 1997, a copy of which is attached hereto as "Exhibit "2", subject to any changes required by the city during site plan review. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. W~EREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of Signature of Owner  _~ , 1997. RESPECTFULLY SUBMITTED, Of counsel z:\wp50\[ isa\we[ [s. Pet: [af01/08/97 PRANC/s j. 8~ PRtMROSE EASTBuRN Apr. No. 133 ~063~ LO IRON \ \, \ \ \ Apr. No. 33-0606 .2.563 AC. / ~.,~-Apr. No. 1~:5-0611 -~ / ,! T. P, PARKEI LAND SURVEYOR";';', CERTIFICATE NO. *' 42O Location Map ~STERHGUDT, FERGUSDN, NATT, AHERON & AEEE ATTDRNEYS-AT-LAW Name Martha C. Flora Carolyn W. MacLeod Colette Fields Davidson Leo T. Barber Jeffrey S. Maronic and Laura T. Maronic James Luther Whitenack William C. Dameron and Elizabeth L. Dameron Martha C. Flora William J. Council and Iris P. Council Gwynhilda Martin Gwynhilda J. Martin Francis J. Eastburn and Primrose Eastburn EXHIBIT "3" PROPERTY OWNERS Address 1805 Westover Ave, Roanoke, VA 24015 1815 Westover Ave, Roanoke, VA 24015 5533 Westbriar Court Roanoke, VA 24018 P.O. Box 4307 Roanoke, VA 24015 SW SW 4932 Cave Spring Ln, Roanoke, VA 24018 1819 Maiden Lane, SW Roanoke, VA 24015 SW 1809 Westover Ave., SW Roanoke, VA 24015 1801 Westover Ave., SW Roanoke, VA 24015 1733 Westover Ave, SW Roanoke, VA 24015 1729 Westover Ave, SW Roanoke, VA 24015 1729 Westover Ave, SW Roanoke, VA 24015 1810 Denniston Ave, SW Roanoke, VA 24015 Tax Numbers 1330620 1330618 1330603 1330605 1330616 1330917 1330619 1330621 1330622 1330623 1330624 1330631 JONES & JONES RRCH TEL:l-705-$66-3615 Jan 08,97 13:54 No.O02 P.02 Q~ Q ®® 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, February 5, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request fi.om Richard W'mstead, represented by Edward A. Natt, attorney, that property located on Watauga Street, S.W., beating Official Tax Number 1330611, zoned RM-2, Residential Multifamily, Medium Density District; and property located on Denniston Avenue, S.W., bearing Official Tax No. 1330606, zoned RM-2, Residential Multifamily, Medium Density District and CN, Neighborhood Commercial District, be conditionally rezoned to C-l, Office 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, January 21, 1997 and Tuesday, January 28, 1997 Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron & Agee 1919 Electric Road, SW Roanoke, VA 24019 (540) 774-1197 Send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Richard Winstead to rezone Tax Nos. 1330611 and 1330606 from RM-2 and CN to C-l, Office District, conditional )AFFIDAVIT ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 27th day of January, 1997, notices of a public hearing to be held on the 5th day of Febma~, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1330607 1330620 1330621 1330618 1330603 Owner's Name Thurman and Shirley Crowder Martha C. Flora Carolyn W. MacLeod Colette Fields Davidson 1330605 Leo T. Barber 1330619 1330622 1330623 1330624 1330631 1330416 William and Elizabeth Dameron William and Iris Council Gwynhilda Martin Francis and Primrose Eastbum Carroll F. Toler, Jr. Mailing Address 1312 Winbome Street, SW Roanoke, VA 24015 1805 Westover Avenue, SW 1801 Westover Avenue, SW Roanoke, VA 24015 1815 Westover Avenue, SW Roanoke, VA 24015 5533 Westbriar Court Roanoke, VA 24018 P. O. Box 4307 Roanoke, VA 24105 1809 Westover Avenue, SW Roanoke, VA 24015 1733 Westover Avenue, SW Roanoke, VA 24015 1729 Westover Avenue, SW Roanoke, VA 24015 1810 Denniston Avenue, SW Roanoke, VA 24015 1809 Denniston Avenue, SW Roanoke, VA 24015 1330401 Fire Station No. 7 1330617 Roger and Sandra Rhoades 1819 Westover Avenue, SW Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of January, 19f~7~~~ ~, / CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE c~y C~rk Sandra H. Eakin Deputy City Clerk April 25, 1997 File #51-178-200-216-488 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of Resolution No. 33356-042197 amending the Housing and Historic and Cultural Resources components of the City's Official Comprehensive Plan for Roanoke, an element of ~, to recognize the following conservation district neighborhoods as having unique architectural value or histodc value and to consider same for neighborhood design district designation: Belmont, Gainsboro, Gilmer, Harrison, Highland Park, and Hurt Park; and to recognize the following rehabilitation district neighborhoods as having unique architectural value or historic value and to consider same for neighborhood design district designation: Fallon Park, Kenwood, Loudon, Melrose, and Morningside. The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc, John R. Marlles, Agent City Planning Commission April 25, 1997 Page 2 pc: W. Robert Herbert, City Manager ~. James D. Grisso, Director of Finance Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Evelyn S. Lander, Secretary, Architectural Review Board IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33356-042197. A RESOLUTION amending the Housing and Historic and Cultural Resources components of the City's Official Comprehensive Plan for Roanoke, an element of Roanoke Vision. WHEREAS, the necessity has arisen to consider, revise and update the Housing and the Historic and Cultural Resources components of the City's Official Comprehensive Plan for Roanoke; WHEREAS, by so reconsidering, revising and updating the Housing and the Historic and Cultural Resources components of the City's Official Comprehensive Plan for Roanoke, the City Council wishes to designate certain neighborhoods as having unique architectural value and historic value; and WHEREAS, in accordance with the provisions of S15.1-431, Code of Virginia (1950), as amended, a public hearing was held before this Council on April 21, 1997, on the proposed amendment, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views THEREFORE, BE IT RESOLVED Roanoke as follows: on such plan amendment. by the Council of the City of 1. That this Council hereby designates the following conservation district neighborhoods as having unique architectural value or historic value: Belmont, Gainsboro, Gilmer, Harrison, Highland Park, and Hurt Park. designates the following as having unique Fallon Park, Kenwood, 2. That this Council hereby rehabilitaiton district neighborhoods architectural value or historic value: Loudon, Melrose and Morningside. 3. That this Council hereby amends the Housing and the Historic and Cultural Resources Comprehensive Plan for Roanoke, an element designate the following neighborhoods architectural value and historis value, components of the City's Official of Roanoke Vision, to as having unique and to include the following in "Planning and Development Actions" in the Housing and the Historic and Cultural Resources components of the City's Official Comprehensive Plan for Roanoke, an element of Roanoke Vision: Recognize the following conservation district neighborhoods as having unique architectural value or historic value and consider them for neighborhood design district designation: Belmont, Gainsboro, Gilmer, Harrison, Highland Park, and Hurt Park. Recognize the following rehabilitation district neighborhoods as having unique architectural value or historic value and consider them for neighborhood design district designation: Fallon Park, Kenwood, Loudon, Melrose and Morningside. 4. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission. ATTEST: City Clerk. Roanoke City Planning Commission April 21, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Amendment to Comprehensive Plan Designating Areas of Unique Historic or Architectural Value Dear Members of Council: I. Background: Unlike most typical suburban areas, older inner-city neighborhoods evolved over time as the City grew and prospered. Each neighborhood reflects a unique blend of architectural styles and character. Over the past several years, citizens, neighborhood leaders and City officials have been concerned with the quality of construction and design of some of the newer intill development occurring within the City's older residential neighborhoods. While the City needs to continue efforts to encourage new housing construction, inappropriately designed infill housing detracts from the quality of the City's existing neighborhoods and may discourage continued residential investment in these areas. Viroinia State Enablin~ Leoslgtion only permits local governments to regulate design of structures which are located in locally designated historic districts. In 1993. the Virginia General Assembly approved a charter amendment for the City of Roanoke which authorized the designation of neighborhood design overlay districts in areas of the City identified in the comprehensive plan as having historic value or uniaue architectural value and located within an area designed on an adopted plan of conservation, rehabilitation or redevelopment. The charter amendment also required the City to prepare specific design standards as to construction or rehabilitation. II. Current Situation: In the 1970~, various City neighborhoods were designated as "rehabilitation, conservation, or redevelopment areas" in an effort to revitalize the City for new housing and commercial development. These areas are identified in planning Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Roanoke City Council Page 2 documents' prepared by the Roanoke Redevelopment and Housing Authority and adopted by City Council. Eleven neighborhoods were targeted for revitalization through funding and programs initiated by the Roanoke Redevelopment and Housing Authority and the City. Conservation areas included: Belmont, Gainsboro, Gilmer, Harrison, Highland Park, and Hurt Park. Rehabilitation areas included: Melrose, Loudon, Fallon Park, Kenwood and Momingside. Draft Infill Design Guidelines for new construction and rehabilitation were completed in April 1993 and are currently being used on a voluntary basis by developers and builders. A new ND. Neighborhood Desien Overlay District. amqndment to the City's Zoning Ordinance was approved by Roanoke City Council in June, 1994. The ND, Neighborhood Design District, is designed to be established as an overlay to the existing underlying zoning district. The standards for new construction in the district regulate the height and scale of buildings, orientation, spacing, site coverage, and exterior features of proposed new buildings such as porches, roof pitch, etc., to help encourage new construction that is more compatible with the City's older residential neighborhood. The Con rvati n Ar of Belmont, Gainsboro, Gilmer, Harrison, Highland Park and Hurt Park are each unique in their individual neighborhood history and in their architecture which represents early Roanoke styles. The existing neighborhood development patterns are significant in building mass, scale, orientation, and placement. All of these neighborhoods have been identified as either on or eligible for the National Register of Historic Places. The Rehabilitation Areas of Fallon Park, Kenwood, Loudon, Melrose, and Morningside are also unique in their individual neighborhood history and their architecture reflects many of the early Roanoke styles. Like the Conservation Areas, building mass, scale, orientation, and placement of structures are important features of each neighborhood. Portions of these neighborhoods may be eligible for the National Register of Historic Places. The City's Comt>rehensive Plan, Roanoke Vision, must be amended to identify these neighborhoods as having unique architectural and historic value before a neighborhood design overlay district can be considered. Therefore, the housing and historic/cultural resources components of the comprehensive plan must be amended to include the designation of these neighborhoods as having such unique value and possible consideration of a Neighborhood Design District where appropriate. Plannin~ staff is currently working with several qualified neighborhoods interested in pursing neighborhood design district designation. Roanoke City Council Page 3 III. Recommendation: The Planning Commission~ by a vote of 4-0 (Mrs. Duerk and Mrs. Coles absent), recommends to City Council that the Housing and the Historic and Cultural Resources components of the City's comprehensive plan, Roanoke Vision. be amended to designate the following neighborhoods as ,having unique architectural value and historic value and to include the following in "Planning and Development Actions" in the Housing and the Historic and Cultural Resources components of the City's official comprehensive plan, Roanoke Vision ' ' A. Recognize the following conservation district neighborhoods as having 'unique architectural value or historic value and consider them for neighborhood design district designation: Belmont, Gainsboro, Gilmer, Harrison, Highland Park, and Hurt Par.k B. Recognize the following rehabilitation district neighborhoods as having unique architectural value or historic value and consider them for neighborhood design district designation: Fallon Park, Kenwood, Loudon, Melrose and Morningside. Respectfully submitted, Gilbert E. Butler, Temporary Chairman Roanoke City Planning Commission J1LM/ga cc: Assistant City Attorney NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to S15.1-431, of the Code of Virginia (1950), as amended ("State Code"), that the Housing and Historic and Cultural Resources components of the City's Comprehensive Plan for Roanoke, an element of Roanoke Vision, be amended to designate the following neighborhoods as having unique architectural value and historic value and to include the following in "Planning and Development Actions" in the Housing and Historic and Cultural Resources components of the City's Comprehensive Plan for Roanoke· an element of Roanoke Vision: Recognize the following conservation district neighborhoods as having unique architectural value or historic value and consider them for neighborhood design district designation: Belmont, Gainsboro, Gilmer, Harrison· Highland Park, and Hurt Park. Recognize the following rehabilitation district neighborhoods as having unique architectural value or historic value and consider them for neighborhood design district designation: Fallon Park, Kenwood· Loudon, Melrose and Morningside. Copies of the proposal to be considered by City Council in connection with this proposed amendment are on file in the Office of the City Clerk. A public hearing will be held before the Council of the City of Roanoke on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Municipal Building, 215 Church Avenue· S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. GIVEN under my hand this 2nd day of April · 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune. once on Thursday, April 17, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Publish in the Roanoke Times, once on Friday, April 4, 1997, and once on Friday, April 11, 1997. 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 Roanoke Times " Ad Number: 40434029 Publisher's Fee: $217.60 CITY OF ROANOKE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S. W. ROANOKE, VA 24011 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of The Roanoke Times, 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: 04/04/97 FULL RUN - Friday 04/11/97 FULL RUN - Friday Witness, this 14th day of April 1997 Authorized Signature Mary F. Parker, CMCIAAE C~ty Clerk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk April 25, 1997 File #200-379 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: I am attaching two copies of Resolution No. 33357-042197 endorsing the Roanoke Valley Conceptual Greenways Plan, and amending the City's Official Comprehensive Plan for Roanoke, an element of ~, to include such plan. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. John R. Marlles, Agent City Planning Commission April 25, 1997 Page 2 pc~ Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Elizabeth Belcher, Roanoke Valley Greenways Coordinator, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator John W. Coates, Manager, Parks and Recreation/Grounds Maintenance IN THE COUNCIL OF THE CITY OF ROANOKE, The 21st day of April, 1997. No. 33357-042197. VIRGINIA, A RESOLUTION endorsing the Roanoke Valley Conceptual Greenways Plan, and amending the City's Official Comprehensive Plan for Roanoke, an element of Roanoke Vision to include such plan. WHEREAS, the Roanoke Valley Conceptual Greenways Plan was completed in late 1995; WHEREAS, the Roanoke Valley Greenways Steering Committee appeared before City Council at a public hearing held on February 3, 1997, and this Council approved a motion to forward the plan to the Planning Commission for review and report; WHEREAS, the Planning Commission's Transportation, Utilities, and Facilities Committee was briefed on the status of the Conceptual Greenways Plan on February 24, 1997, and endorsed forwarding the plan to the full Planning Commission; WHEREAS, the Planning Commission held a public hearing on March 19, 1997, and endorsed adoption of such plan; and WHEREAS, in accordance with the provisions of S15.1-431, Code of Virginia (1950), as amended, a public hearing was held before this Council on April 21, 1997, on the proposed amendment, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That this Council hereby endorses the Roanoke Valley Conceptual Greenways Plan and amends the City's Official Comprehensive Plan for Roanoke, an element of Roanoke Vision, to include the Roanoke Valley Conceptual Greenways Plan. 2. That the City Clerk is directed to forthwith transmit attested copies of this resolution to the City Planning Commission. ATTEST: City Clerk. Roanoke City Planning Commission April 21, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposal to Endorse and Adopt the Conceptual Greenway Plan for the Roanoke Valley as an Element of the City's Comprehensive Plan I. Backoround: Over the ~ast several years there has been considerable interest by citizens in the Roanoke Valley in preserving open space, protecting viewsheds along the Blue Ridge Parkway and developing a regional greenway system. The existin~ Roanoke Valley Greenways Steering Committee with representatives appointed by each of the four Valley governments was established in February, 1995, for a period of one year. When established, the Roanoke Valley Greenways Steering Committee was charged with preparing a regional greenway plan and developing a long-term organizational structure to carry on greenway planning and implementation. In June 1995. representatives of the Steerine Committee and local government staff visited comparable cities with existing greenway systems in North Carolina and Tennessee. Greenwavs. Inc.. of Raleigh, North Carolina. was selected in late June 1995 to assist the Steering Committee with conducting a regional, citizen-based planning process. The firm had extensive experience in the development ofgreenway master plans and greenway/trail development. Four workshops were conducted between June 1995 and October 1995 to obtain citizen input. The workshops which were held in each of the participating jurisdictions focused on the various types of greenways and possible locations for greenways in the Roanoke Valley. Over 300 citizens participated in the greenway planning process. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Roanoke City Council Page 2 II. Current Situation: The Roanoke Valley Conceotual Greenwa¥ Plan was completed in late 1995. The plan identifies over forty (40) potential greenway corridors in the Roanoke Valley (map attached). Each corridor shown in the plan will require further study before its feasibility can be further determined. Reoresentatives of the Roanoke Valley Greenwavs Steering Committee appeared before City Council on February 3, 1997, to request that each participating locality adopt the Conceptual Greenway Plan (see attached letter to Mr. W. Robert Herbert dated January 24, 1997). City Council approved a motion to forward the plan to the Planning Commission for review and report. Planning Commission's Transportation/Utilities/Facilities Committee was briefed on the status of the Conceptual Greenway Plan at a meeting held on February 24, 1997. Committee members endorsed forwarding the plan to the full Commission for action. Planning Commission public hearing was held on March 19, 1997. Mr. John Marlles presented the staffreport, noting that he and Mrs. Duerk had been appointed by City Council to serve as the City's representatives on the regional greenways steering committee and that they had briefed the Commission on the draft plan on a number of occasions. He noted that all of the Valley jurisdictions had been asked to adopt the draft plan and to take action on an intergovernmental agreement forming a greenway commission. III. Recommendation: The Planning Commission by a vote of 4-0 (Mrs. Coles and Mrs. Duerk absent) voted to recommend to City Council that they endorse and adopt the Roanoke Valley Conceptual Greenway Plan as an element of the City's Comprehensive Plan, Roanoke Vision. Respe rctfully submitted, Gilbert E. Butler, Temporary Chairman Roanoke City Planning Commission JRM/ga cc: Assistant City Attorney Greenways Coordinator Greenways Steering Committee Chair ROANOKE VALLEY GREENWA YS STEERING COMMITTEE c/o Fifth Planning District Commission P.O. Box 2569, 313 Luck Avenue, SW Roanoke, Virginia 24010 540-343-4417 (Phone)540.343-4416 (Fax) plan five @ roanoke.infi.net (E-mail) January 24, 1997 Mr. W. Robert Herbert Roanoke City Manager 215 Church Avenue, SW Roanoke, VA 24011 Dear Mr. Herbert: I am pleased to present to you the recommendations of the Roanoke Valley Steering Committee for implementation of'the greenway program. When established, the Steering Committee was charged with producing a greenway plan and developing recommendations for an organizational structure to implement the program. The RoanOke Valley Conceptual Greenway Plan was completed in December 1995. The Steering Committee is now presenting as well its recommendations for organization and implementation of the greenways program. The Steering Committee recommends that each locality adopt three documents: 1) the Conceptual Plan, 2) an intergovernmental agreement establishing a Roanoke Valley Greenway Commission, and 3) a resolution for continued funding of the Greanways Coordinator position. Adoption of the Conceptual Plan will ensure its incorporation into your Comprehensive Plan and its consideration as other issues such as transportation planning and stormwater management are addressed. Establishment of the Greenway Commission as an appointed advisory board will continue the work of the Steering Committee, which was originally appointed for only one year, and will provide for intergovernmental coordination as a Valley-wide system of'greenways is developed. The fiscal resolution requires Roanoke's annual budgeting to help pay for a regional coordinator, but assures that this cost would be reduced proportionately by any grants or donations received. I am enclosing copies of these documents for Mayor Bowers and members of City Council and the Planning Commission. While the Plan may necessitate some review or hearing, we hope the other two items can be put on the agenda for the February 3 City Council meeting. We appreciate the support of Roanoke's citizens, as recently demonstrated in the CIP workshop, as well as of the adminstration and elected officials. I look forward to completion of our pilot project up Mill Mountain and initiation of greenways to serve other sections of the City. Sincerely, Liz Belcher Cn'eenways Coordinator NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given pursuant to §15.1-431, of the Code of Virginia (1950), as amended ("State Code"), that the City's Comprehensive Plan for Roanoke be amended to include the Roanoke Valley Conceptual Greenways Plan. A copy of the Roanoke Valley Conceptual Greenways Plan is on file in the Office of the City Clerk. A public hearing will be held before the Council of the City of Roanoke on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard in the Council Chambers, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, at which time citizens of the City shall be given an opportunity to appear and be heard by Council on the subject of this proposed amendment. GIVEN under my hand this 2nd day of April , 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, April 17, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Publish in the Roanoke Times. once on Friday, Apdl 4, 1997, and once on Friday, April 11, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Ad Number: 40433850 Publisher's Fee: $115.20 CITY OF ROANOKE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S. ROANOKE, VA 24011 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: 04/04/97 FULL RUN - Friday 04/11/97 FULL RUN - Friday Witness, this 14th day of April 1997 Authorized Signature Mary F. Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk April 25, 1997 File #24-27-251-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33359-042197 amending and reordaining the Code of the City of Roanoke (1979), as amended, by the addition of new Chapter 11.2, Storm ]~M~]~G~, to provide for regulation and management of storm water runoff from all lands and properties within the City. The al~overeferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 21, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. W. Robert Herbert City Manager April 25, 1997 Page 2 pc: The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer John R. Marlles, Chief, Planning and Community Development W. Robert Herbert City Manager April 25, 1997 Page 3 pc: Evelyn D. Dorsey, Zoning Administrator Edward R. Tucker, Erosion and Sediment Control A<:.~nt Michael Meise, Branch Manager, Law Library IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 1997. No. 33359-042197. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by the addition of new Chapter 11.2, Storm Water ManaaemeR~, to provide for the regulation and management of storm water runoff from all lands and properties within the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of Chapter 11.2, Storm H~, and shall read and provide as follows: CHAPTER 11.2. STORM WATER MANAGEMENT. ;tRTICLE 1. General ProvisioD~. Sec. 11.2-1. ' ' . The Council for the City of Roanoke hereby finds that the waters and waterways of the city of Roanoke are at times subjected to flooding; that such flooding is a danger to the lives and property of the public; that such flooding is also a danger to the natural resources of the city; that development tends to accentuate such flooding by increasing storm water runoff, due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of real property contributes increased quantities of water-borne pollutants and tends to increase channel erosion; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of storm water runoff from such development. Therefore, it is determined that the requirements to regulate the discharge of storm water runoff from such developments as provided in this ordinance will help protect the general public health, safety and welfare. It is the purpose of this ordinance to establish minimum storm water management requirements and controls: (a) To reduce flood damage to public health, life, and property; (b) To minimize increased storm water,runoff from new land development where such runoff will increase flood damage; (c) To maintain the adequacy of existing and proposed culverts and bridges, dams and other structures; (d) To prevent to the greatest extent feasible, an increase in non-point source pollution; (e) To maintain the integrity of stream channels for their biological functions as well as for drainage and other purposes; (f) To reduce the impact of development upon stream erosion; and (g) To preserve and protect water supply facilities and water resources by means of controlling increased flood discharges, stream erosion and non-point source pollution. Sec. 11.2-3. Proaram administrator. The City of Roanoke designates the erosion and sediment control agent as the local storm water management administrator. Sec. 11.2-4. (a) Except as provided for in Section 11.2-4(b) of this chapter, all land development projects shall comply with the requirements of this chapter. (b) The following land development projects are exempted from the requirements of this chapter: Surface or deep mining operations and projects subject to the provisions of Title 45.1 of the Code of Virginia (1950), as amended, which are the subject of a permit issued pursuant to Title 45.1 of the Code of Virginia (1950), as amended. 2 Tilling, planting or harvesting of agricultural, horticultural or forest crops. Single family residences separately built and not part of a subdivision, including additions or modifications to existing single family detached residential structures. 4. Land development projects that disturb less than 2,000 square feet of land area. 5. State projects as defined in this chapter. Linear development projects, provided that: i) less than one (1) acre of land will be disturbed per outfall or watershed; ii) there will be insignificant increases in peak flow rates; and iii) there are no existing or anticipated flooding or erosion problems downstream of the discharge point. Sec. 11.2-5. Compatibility with other permit and ordinance requirements. Permits issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act or ordinance. If more stringent requirements concerning regulation of storm water are contained in the other code, rule, act or ordinance, the more stringent regulation shall apply. Sec. 11.2-6· If the provision of any article, section, subsection, paragraph or clause of this chapter shall be judged invalid by a court of competent jurisdiction, such order or judgements shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this chapter. Sec. 11.2-7. Unless specifically defined below, words and phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: Adequate Channel: A channel that will convey the designated frequency storm event without overtopping the channel banks or causing erosive damage to the channel bed or banks. A~ent: The erosion and sediment control agent as designated and authorized by this Code to serve as the agent of the city in the administration and enforcement of Chapter 11, Erosion and Sediment Control, and Chapter 11.2, Storm Water Management. A~: Any person submitting a storm water management plan. Channel: A natural stream or man-made waterway. Desian and Construction Standards and Procedurem: Standards, procedures, and specifications developed and prepared by the City of Roanoke for the purpose of defining specific criteria, structures, methodology, content and format of plan sheets, and other information as required to be shown and submitted as a part of the storm water management plan. ~: A parcel of land developed or to be developed as a unit under single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or more residential dwelling units. ~1~: A volume of water that is too great to be confined within the banks or walls of a stream, river, creek, water body or conveyance system and that overflows onto adjacent lands causing or threatening damage. ~L]~: Those areas adjoining a river, stream, creek, channel or lake which are likely to be covered by flooding. ~: An on-site review of the various phases of construction related to the installation of storm water management facilities for the purpose of ensuring compliance with the approved plan, the local storm water management program, and any applicable design criteria. Land Development Project: A man-made change to the land surface that potentially changes its runoff characteristics. Local Storm Water Management Proaram: The collective statements and requirements of this chapter and all 4 attendant regulations employed by the City of Roanoke to manage the runoff from land development projects, including policies, guidelines, engineering standards, technical materials, inspections, enforcement and evaluation. Non-Point Source Pollution: Pollution, the source of which cannot be pinpointed, but rather is washed from the land surface in a diffuse manner by storm water runoff. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, county, city, town or other political subdivision of the Commonwealth, any interstate body or any other legal entity. -~~: Conditions that reasonably may be expected to exist after completion of the land development project on a specific site. -~~k~: Conditions existing at the time that plans for the land development project are submitted for approval. Where all or any portion of a land development project is anticipated to be in phases, the existing conditions at the time the land development begins shall establish pre-development conditions. Runoff: The portion of precipitation that is discharged across a land surface or through conveyances to one or more waterways. ~__~: The construction of any facility or expansion of an existing facility including, but not limited to land clearing, soil movement, or land development, which is undertaken by any state agency, board, commission, authority, or any branch of state government, including state supported institutions of higher learning. Storm Water Manaqement Facility: A structure that controls storm water runoff and changes its characteristics, including, but not limited to, the quantity, quality, period of release, or the velocity of flow of such runoff. Storm Water Manaaement Plan: A document containing material that describes how existing runoff characteristics will be maintained by a land development project and comply with the requirements of this chapter. ~: The division of a parcel of land as set forth in Section 31-4. of this Code. Water Oualit¥ Volume: The volume equal to the first 0.5 inch of runoff multiplied by the total area of the land development project. ~: A total drainage area contributing runoff to a single point. Article II. Technical Criteria. Sec. 11.2-8. (a) Each proposed land development project not exempted from this chapter as provided in Section 11.2-4(b) shall meet the following storm water criteria: A storm water management plan for a land development project shall be developed so that from the site, the post-development peak runoff rate from a two (2) year design storm and a ten (10) year storm, considered individually, shall not exceed their respective pre-development rates. These design storms shall be defined as either a 24-hour storm, when using the rainfall distribution recommended by the U. S. Soil Conservation Service methods, or as the storm of critical duration that produces the greatest required storage volume at the site when using design criteria such as the rational method. (b) For purposes of computing runoff, all lands in the site shall be assumed to be in good condition (if the lands are pastures, lawns or parks) with good cover (if the lands are woods) or with conservation treatment (if the lands are cultivated), regardless of conditions existing at the time of computation. Sec. 11.2-9. In order to enhance water quality of storm water runoff, all storm water management plans must provide for the control of the water quality volume. The water quality volume shall be treated and provided for in a manner consistent with appropriate and applicable standards as set out in the Design and Construction 6 Standards and Procedures, as referenced herein and made a part of these provisions. Sec. 11.2-10. (a) Ail proposed land development projects, to which this chapter applies, shall apply these storm water management regulations to such land development projects as a whole. Individu~,l lots in new subdivisions shall not be considered separate land development projects, but rather the entire subdivision shall be considered a single land development project. Hydrologic parameters shall reflect the ultimate land development and shall be used in all engineering calculations. (b) Construction of storm water management facilities or modifications to channels shall comply with the requirements of this chapter, the Design and Construction Standards and Procedures, and all other applicable laws and regulations. Evidence of approval of all permits required by governmental agencies, other than the City of Roanoke, shall be submitted to the agent as a part of the storm water management plan submission. (c) The design of impounding structures that are not covered by the Virginia Dam Safety Regulations shall be checked by the applicant for structural integrity and flood plain impacts for the one hundred (100) year storm event. (d) Outflows from a storm water management facility shall be discharged to an adequate channel, or velocity dissipators shall be placed at the outfall of all detention and retention basins and along the length of any outfall channel as necessary to provide a non-erosive velocity of flow from the basin to a channel. (e) Ail land development projects must comply with'the Virginia Erosion and Sediment Control Act and all attendant regulations. (f) Safety measures shall be incorporated into the design of all storm water management facilities. These structures and devices may include, but are not necessarily limited to, safety ledges, fences, warning signs, anti-vortex devices, stadia rod indicating depth at the lowest point, and outlet structures designed to limit public access. 7 (g) (h) (i) Sec. (a) (b) (c) If storm water management facilities are provided through which water passes at times other than following rainfall, the City Engineer shall be consulted concerning design criteria. Detention requirements shall be met, despite the necessity of passing certain low flows, in all instances of on- stream or on-line storm water management facilities. Outlets from storm water management facilities shall be designed to function without manual, electrical or mechanical controls. Detention facilities shall be designed to minimize the propagation of mosquitos and other insects. 11.2-11. Storm water management facilities in flood plains, New construction, including construction of on-site storm water management facilities, should be avoided in flood plains. When this is unavoidable, a special examination to determine adequacy of proposed storm water facilities during the ten (10) year storm shall be required. The ten (10) year design storm shall be applied to both the development site and to the entire watershed contributing to the flood plain, assuming that the two peak simultaneously, at the point in question. The time of concentration for the entire watershed should be that which is appropriate to the larger area, rather than the shorter period applicable to the development site. New construction in a floodplain shall be in compliance with all applicable regulations under the National Flood Insurance Program. Article III. Storm Water Manaaement Plan Reaulrements. Sec. 11.2-12. General re~uirementm. (a) Where a storm water management plan is required, no land disturbing, building, or other permit shall be issued for a land development project unless a storm water management plan has been approved by the agent. 8 (b) (c) Sec. (a) (b} Sec. (a) (b) Sec. (a) (b) The applicant shall demonstrate that the proposed land development project meets the criteria set forth in this chapter. Failure of the applicant to demonstrate that the proposed land development meets the criteria set forth in this chapter shall be reason to deny the applicant's underlying application for approval. 11.2-13. Plan preparation and reauired content. The Design and Construction Standards and Procedures relating to the effective control of storm water in effect on the date of adoption of this chapter are hereby incorporated herein as if set forth in this chapter. The storm water management plan shall be drawn, prepared in accordance with and include all information required in the Design and Construction Standards and Procedures. 11.2-14. ' ' . The applicant shall submit five (5) copies of the storm water management plan to the agent. In cases where this Code requires the submittal of an erosion and sediment control plan and a storm water management plan, such plans may be combined on a single sheet plan in combined form, unless otherwise required by the agent. 11.2-15. A maximum of thirty (30) calendar days from the receipt of an application will be allowed for preliminary review of the application for completeness. During this period, the application will be accepted for review, which will begin the sixty (60) day review period, or rejected for incompleteness. The applicant will be informed in writing of the information necessary to complete the application. The sixty (60) day review period begins on the day the complete storm water management plan is accepted for review. At this time, an acknowledgment letter will be sent to the applicant. During the sixty (60) day period, the agent shall either approve or disapprove the plan 9 and communicate his decision to the applicant in writing. Approval or denial shall be based on the plan's compliance with this chapter. (c) A disapproval of a plan shall contain the reasons for disapproval. (d) The applicant or any aggrieved party authorized by law may appeal the agent's decision of approval or disapproval of a storm water management plan application within thirty (30) days after the rendering of such decision by the agent to the Circuit Court of the City of Roanoke. (e) Judicial review shall be on the record previously established and shall otherwise be in accordance with the provisions of the Administrative Process Act. Sec. 11.2-16. Conditions of approval. Each approved storm water management plan shall be subject to the following conditions: (a) The applicant shall comply with all applicable requirements of the approved plan and local storm water management program and shall certify that all land clearing, construction, land development and drainage will be done according to the approved plan. (b) The land development project shall be conducted only within the area specified within the approved plan. (c) The agent and appropriate City inspectors shall be allowed, after giving notice to the owner, occupier or operator of the land development project, to conduct periodic inspections of the land development project. The owner, occupier or operator shall be given the opportunity to accompany the inspector. (d) NO transfer, assignment or sale of rights granted by virtue of an approved plan shall be made unless a written notice of transfer is filed with the agent, and the transferee certifies agreement to comply with all obligations and conditions of the approved plan. 10 (e) The owner of the property or his designee, shall submit a set of as-built plans, showing the accurate location and dimensions of all storm water management facilities to the agent upon completion of the land development project, prior to the final release of any bond or performance guarantee or the issuance of a certificate of occupancy. Sec. 11.2-17. Chanaes to approved plan. No changes may be made to an approved plan without review and written approval by the agent. Sec. 11.2-18. (a) A request for an exception shall be submitted, in writing, to the agent. (b) An exception from the requirements of this chapter may be granted by the agent, provided that such exception is consistent with the following: The exception is the minimum necessary to afford relief; and 2e Reasonable and appropriate conditions shall be imposed as necessary upon any exception granted so that the purpose and intent of this ordinance is preserved. (c) Economic hardship shall not be considered as a sufficient reason to grant an exception from the requirements of this chapter. Sec. 11.2-19. (a) Prior to the approval of a storm water management plan, the applicant or owner shall submit to the agent, a performance bond with surety, acceptable to the Director of Finance, cash escrow, letter of credit, or any combination thereof, in an amount deemed sufficient by the agent to ensure that appropriate measures could be taken by the City, at the applicant's expense, should the applicant fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of the applicant by the approved storm water management plan. (b) If the City is required to take such action upon such failure by the applicant, the City may collect (c) (d) Sec. (a) (b) (c) (d) (e) from the applicant the costs of such action in excess of the security held. within 60 days of the completion of the requirements of the storm water management plan, and the meeting of all requirements of this chapter, the applicant shall request, in writing, that the bond with surety, cash escrow, or letter of credit or the unobligated or un~pended portion thereof, be returned to the applicant or terminated. The above subsection notwithstanding, performance guarantees required by this chapter may be combined with or included as a specific part of the sum total of any other single guarantee required by Chapter 31, ~~1~, or Chapter 36.1, Z~L~I~, of this Code. 11.2-20. The erosion and sediment control agent shall provide for regular inspections during all phases of the construction of storm water management facilities. Inspection of the construction of storm water management facilities shall be made in accordance with inspection procedures as defined in the Design and Construction Standards and Procedures. The applicant shall notify the agent seventy-two (72) hours prior to the commencement of any activity for which an inspection is required as listed and shown on the approved plan. No work shall begin on a subsequent stage until the preceding stage has been inspected and approved by the City inspector in accordance with the Design and Construction Standards and Procedures. Any portion of the construction which does not comply with the approved plan must be corrected by the applicant within seventy-two (72) hours of notification by the agent. No work may proceed on any subsequent phase of the storm water management plan, the subdivision, land development or building construction until the required corrections have been made. If at any stage of the work, the agent determines that the soil or other conditions are not as stated 12 (f) Sec. (a) (b) (c) (d) or shown as a part of the approved plan, the agent may refuse to approve further work and may take appropriate steps to revoke existing permits or approvals until a revised and corrected plan is submitted and approved. Inspection reports shall be maintained as a part of the land development file of each land development project. 11.2-21. If the agent determines that there is a failure to comply with the approved storm water management plan, notice shall be served upon the person responsible for implementing the plan, and the person who provided the performance guarantee, by certified mail to the addresses specified in the application and the performance guarantee, or by delivery to the owner's representative or employee supervising construction activities at the development site. The notice shall specify the measures needed to comply with the approved storm water management plan and shall specify the time within which measures shall be completed. Upon failure to comply within the time specified, the permit or approval may be revoked and the applicant or person responsible for implementing the plan shall be deemed in violation of this chapter. The agent may apply to the Circuit Court of the City to enjoin a violation or threatened violation of this ordinance as provided for in Section 10.1- 603.14 of the Code of Virginia (1950), as amended, without the necessity of showing that an adequate remedy at law does not exist. After having sent or delivered the notice referred to above, and if such violation has not ceased within such reasonable time as is specified in such notice, then the agent shall cause a summons to be served upon such person. Such summons shall contain the following information: (i) The name and address of the person charged; (ii) The nature of the infraction provision(s) being violated; and the 13 (iii) (iv) The location, date and time that the infraction occurred or was observed; The amount of civil penalty assessed for the infraction, if any; (v) (vi) The manner, location and time in which the civil penalty may be paid to the city; The right of the recipient of the summons to elect to stand trial for the infraction and the date of such trial; (vii) The right of any person summoned for a violation to elect to pay the civil penalty to the treasurer for the city at least seventy- two (72) hours prior to the time and date fixed for trial and that payment of such civil penalty shall constitute a waiver of trial and an admission of liability; and (viii) A statement that a signature to an admission of liability shall have the same force and effect as a judgment of court, but that an admission shall not be deemed a criminal conviction for any purpose. (e) The person executing such service shall note the date of such service on the copy of the summons so delivered to posted. (f) Any person who violates any provision of this chapter shall be guilty of a misdemeanor and shall be subject to a fine not exceeding $1,000.00 or up to thirty (30) days imprisonment, or both, as provided for in Section 10.1-603.14 of the Code of Virginia (1950), as amended. (g) Without limiting the remedies which may be obtained in this section, the agent may bring a civil action against any person for violation of this chapter, or any condition of the plan or approval. The action may seek to impose a civil penalty of not more than $2,000 for each violation as provided for in Section 10.1-604.14 of the Code of Virginia, (1950), as amended. 14 (a) 11.2-22. ~L~_~. With the consent of any person who has violated or failed, neglected or refused to obey the requirements of this chapter, or any condition of the plan or approval, the agent may issue an order against or to such person for the payment of civil charges for violations in specific sums not to exceed $2,000. Such civil charges shall be instead of any appropriate civil penalty which could be imposed under the provisions of this section. Civil charges in lieu of such appropriate civil penalties issued in orders against violators of this ordinance shall be assessed as follows: Unauthorized installation of storm water management structures, in connection with any land development project or subdivision to which this ordinance applies, prior to the submittal and approval of a storm water management plan Five hundred dollars ($500.00). (b) Unauthorized changes, alterations, rearrangement, realignment or revision of storm water management methods and structures as described, shown and provided for on an approved storm water management plan, during the construction of the development project or upon and within the approved storm water management plan itself - Five hundred dollars ($500.00). Failure to comply with the requirements of an approved storm water management plan within the time limit specified in a duly served notice to comply - Five hundred dollars ($5oo.oo). ® Failure to comply within the time limit specified in a duly served stop work order, to stop all work activities specified therein - One thousand dollars ($1,000.00). The payment of any fine or penalty or the serving of any term of imprisonment shall not excuse any non-compliance with the provisions of this chapter. Sec. (a) (b) (c) (d) (e) 11.2-23. Maintenance of storm water management facilities. Responsibility for the future operation and maintenance of storm water management facilities, unless assumed by a governmental agency shall remain with the property owner and shall pass to any successor or owner of the property or portions thereof. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each parcel the person or other legally established entity to be permanently responsible for maintenance. In the case of developments when lots are to be sold, permanent arrangements satisfactory to the agent shall be made to ensure continued performance of these obligations. To ensure proper performance of the storm water management facilities between scheduled maintenance operations, the owner is responsible for the inspection of all such facilities on a semi-annual basis and after any storm which causes the capacity of any facility to be exceeded. If the agent determines that conditions related to the operation of a specific storm water management facility pose a danger to public health or safety, the owner shall be notified by certified mail, to the address specified in the application, of the corrective measures required and given a reasonable period of time to take necessary action, not to exceed thirty (30) days. If the owner fails or refuses to perform such maintenance and repair, the City may enter upon the property, perform or have performed, the necessary repairs or maintenance, and shall, thereafter, take necessary action to recover the costs from the property owner. By submitting an application for approval of a storm water management plan, the applicant certifies that he does so with full knowledge of the owner of the subject property and has full authority to permit an unrestricted right-of-entry for the City to enter upon the property to undertake any action necessary to ensure compliance with the requirements of this chapter. 2. In order to provide for the daily operation of municipal government, an emergency is deemed to exist, and ordinance shall be in full force and effect upon its passage. ATTEST: the this City Clerk. .:'~SU'UmO-SmOWA','., 17 Roanoke, Virginia April 21, 1997 No. 97-141 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: City Manager's recommendation to adopt a new Chapter 11.2, Storm Water Management ordinance. I. Back~,round: Roanoke Valley. and the City of Roanoke, in particular, are from time to time subjected to the inundation of flooding and flood conditions. Floodin~ is a natural hazard that poses a significant threat to human safety and personal and real properties, as well as the environmental and economic well being of the City at large. Development of land and building constructign within a given watershed of the Roanoke Valley generally results in an increase in the overall volume, flow and velocity of storm water runoff that discharges across the land surfaces of the watershed. Volume and flow of additional increases in storm water runoff caused by alterations and changes in land surfaces from undeveloped to developed conditions frequently result in an overall increase in the following undesirable effects: 2. 3. 4. 5. Flooding and flood conditions; Land erosion; Channel (creeks, streams, tributaries, etc.) erosion; Increase in water borne pollutants; and Changes in flow, volume and velocity of storm water runoffand drainage patterns that often adversely affect abutting, adjacent and/or other downstream properties. Article 1,1 of Title 10.1 of the Code of the Commonwealth of Virginia (1950), as amended, Storm Water Management. authorizes localities to adopt local ordinances to regulate and control land disturbing activities and storm water management practices. Members of Council Page 2 City of Roanoke currentlY has no storm water management ordimmce Division of Zoning and Development staff have been enforcing the higher standards of state law and regulations for a number of years without the benefit of a local supporting ordinance. Land develonment and building construction activities are frequent sources of public complaints and protests related to the uncontrolled flows of storm water runoff in and upon abutting or adjacent properties. Storm water management ordinance as proposed for adoption will provide more effective measures and regulations to minimize the adverse effects of storm water runoff as a cause of flooding, channel erosion and pollution, in and upon adjacent properties and the various creeks, streams, and tributaries of the City. These new measures include the following: All land development projects not exempted under the provisions of the proposed ordinance shall be required to submit and obtain approval from the City ora storm water management plan that is consistent with current state storm water management laws and regulations. Proposed ordinance provides for more effective and detailed reg~lationa to govern the manner in which storm water runoff will be managed, controlled. detained, channeled or released at acceptable rates from development sites. Proposed ordinance provides more efficient and effective regulations to ensure that the construction, installation, and continued maintenance of storm water management facilities will be monitored and inspected on a regular basis by the City. III. Issues: A. Preservation of natural resources. Protection of properties adjacent or downstream from land development and building construction activities. C. Compliance with current laws of the Commonwealth of Virginia. D. Inconvenience to developers, builders and contractors. E. City collection of civil penalties and charges. Members of Council Page 3 IV. Alternatives: Approve the City Manager's recommendation to adopt a new Chapter 11.2, Storm Water Management ordinance. 1. Preservation of natural resources. Proposed ordinance will minimize increase in volumes of storm water runoff and decrease velocity of runoff flows from developed sites. Decrease and regulation of storm water volumes and flow velocities will protect channels of creeks, streams and other tributaries to the Roanoke River. Water quality standards required by the proposed ordinance will minimize the flow of water borne pollutants into the various tributaries that flow into the Roanoke River and waters beyond. Protection ofpronerties adjacent to and downstream from land developmont and buildine construction activities. Proposed ordinance provides for more efficient and detailed inspections to be made by the City, thus decreasing the potential for damages to abutting, adjacent or downstream properties. Proposed ordinance provides procedures for prompt and decisive action by City inspectors in the event that storm water management structures and practices are not installed or completed in accordance with City approved storm water management plans. Proposed ordinance provides for the imposition of additional civil penalties upon violators. 3. Comnliance with current laws of the Commonwealth of Vir? n a. Proposed ordinance is consistent with current state laws regulating the management of storm water runoff. Proposed ordinance has been reviewed and approved by the State Department of Conservation, Division of Soil and Water Conservation. 4. Inconvenience to developers, builders, contractors, etc. Members of Council Page 4 Proposed ordinance provides more effective measures to prevent the occurrence of violations and the delay of City response to violations that occur at development sites. This will reduce the potential for friction, confrontations and controversy between developers, builders, adjacent or affected property owners, and the City itself. Proposed ordinance will provide violators with the additional alternative of paying lesser civil charges for violations in lieu of larger civil penalties that may be imposed by a court of law. Proposed ordinance has been reviewed and approved by a subcommittee composed of City staff and selected members (surveyors, professional engineers, etc) of the Roanoke Regional Home Builders Association. City collection of civil penalties and civil charges. Proposed ordinance will require that all civil penalties imposed by courts of law and all civil charges imposed upon violators be paid to the City Treasurer. Deny the City Manager's recommendation to adopt a new Chapter 11.2, Storm Water Management ordinance. Preservation of natural resources New regulations designed to promote and enhance the preservation of natural resources will not be enacted as a part of the City's current laws. Protection of properties adjacent tO and downstream from development and building construction activities Level of protection afforded to adjacent and downstream properties under the provisions of existing City laws, regulations and procedures will not be increased. Compliance with current laws of the Commonwealth of Virginia. City forces will continue their efforts to apply the higher standards of storm water management regulations as set out in the Code of the Commonwealth of Virginia (1950), as amended, without the benefit of clear and consistent local laws, regulations and procedures. 4. Inconvenience to developers, builders, and landowners will not be an issue. 5. City collection of civil oenalties and civil charges a. New civil penalty and civil charge provisions will not be enacted. Members of Council Page 5 Criminal penalties for storm water management violators as may be imposed by courts of law, under the provisions of the City's zoning or other land development related ordinances, will continue to be paid to the Treasury of the Commonwealth of Virginia. V. Recommendation: A rve Alterna ive thereby approving the City Manager's recommendation to adopt a new Chapter 11.2, Storm Water Management, of the Code of the City of Roanoke (1979), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH:ERT:mpf attachments cc: City Attorney Director of Finance Director of Public Works City Engineer Chief of Planning and Community Development Erosion and Sediment Control Agent NOTXCE. OF PUB~XO TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on a proposed amendment of the Code of the City of Roanoke (1979), as amended, by the addition of a new ChaPter 11.2, Storm Water Manaaement, to provide for the regulation and management of storm water runoff from all lands and properties within the City. A copy of the proposed ordinance 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 4th day of Apr~ , 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, April 17, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Ad Number: 40735679 Publisher's Fee: $117.30 CITY OF ROANOKE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, $. W. ROANOKE, VA 24011 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: 04/07/97 FULL RUN - Monday 04/13/97 FULL RUN - Sunday Witness, this 14th day of April 1997 Authorized Signature April 21, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Dear Mayor Bowers and Members of Council: Please reserve space on Council's Agenda for a Briefing on Railside Linear Park on the 7:00 p. m. agenda. Respectfully submitted, W. Robert Herbert City Manager WRH:w CC: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Virginia Enterprise Zone Program Background The Virginia Enterprise Zone program was established by the General Assembly in 1982 through the Virginia Enterprise Zone Act. An Enterprise Zone is a distinct geographical area of a county, city or town as designated by the Governor. Fifty Enterprise Zones are authorized statewide. The state and local government enter into a twenty-year partnership to encourage business expansion and recruitment by offering both state and local incentives. The current provisions for the Enterprise Zone program will expire on July 1, 2005, unless extended by the General Assembly. State Incentives for Enterprise Zones Businesses locating to or expanding within one of Roanoke's Enterprise Zones may be eligible for the following state incentives subject to the annual fiscal limitation: FaP. glll~12~)~ - Businesses located within an Enterprise Zone may be eligible for a ten- year general credit to be applied to a business' state tax liability (80% in the frrst year and 60% in years two through ten). New businesses must certify to the Commonwealth that 40% of the average number of full-time employees either meet low to moderate income standards (attached) or are zone residents. Existing businesses must demonstrate a 10% increase in the average number of employees from either of the previous two years preceding qualification. In addition, 40% of an existing business' new employees must meet low to moderate income requirements. If a business fnma makes zone investments in excess of $25 million and such investments result in the creation of at least 100 full-time positions, then the percentage of income tax credits shall be negotiated between the Virginia Depaxtment of Housing and Community Development and the business. The general tax credit and real property improvements tax credit are subject to a combined $5 million cap for fiscal year 1996/97. Contact Lisa Fain at (540) 853-2715 or lfain@ci.roanoke.va.us. Refundable Real Pro_nerty_ Improvements Tax Credit - Businesses located in an Enterprise Zone may be eligible for a credit against state tax liability equal to 30% of qualified zone improvements, with a maximum amount not to exceed $125,000 within a five-year period. The credit is applied first to state tax liability; the remaining balance, if any, is then refunded. Rehabilitation projects must have a minimum investment of at least $50,000, or an amount that equals the assessed value of the real property prior to the improvements being made (whichever is greater). Qualified rehabilitation improvements include, but are not limited to, the costs associated with: excavation, grading, paving, driveways, roads, sidewalks, landscaping or other land improvements, demolition, carpentry, sheetrock, plaster, painting, ceilings, fixtures, doors, windows, fire suppression systems, roof'mg and flashing, exterior repair, cleaning and clean-up. New construction projects require a minimum investment of $250,000. For the purposes of new construction, the following costs cannot be included in the calculation of improvements: land, land improvements, paving, grading, driveways and interest. The real property improvements tax credit and the general tax credit are subject to a combined $5 million cap for fiscal year 1996/97. Contact Lisa Fain at (540) 853-2715 or lfain~ci, roanoke, va. us. J..o.b_Czrall~ - Businesses creating new, full-time positions within the boundaries of an Enterprise Zone can receive job grants of up to $500 per job ($1,000 per job for zone residents) for three consecutive years. An additional qualification for existing businesses is a documented ten percent increase in the average workforce over the base taxable year (the lower of two taxable years immediately preceding the first year of qualification). The maximum grant to any one firm is $100,000 a year for three consecutive years. Businesses may qualify for additional job grant incentive periods provided there is additional job creation. The job grants are subject to a $1 million cap for fiscal year 1996/97. Contact Lisa Fain at (540) 853-2715 or lfain@ci.roanoke.va.us. Large Pro_iect Investment Tax Credit - Businesses making qualified zone investments in excess of $100 million and creating at least 200 permanent full-time positions are eligible for a negotiable credit of up to five percent of total investments in lieu of the real property improvements tax credit. Qualified zone investments are the sum of qualified improvements and the cost of machinery, tools, and equipment used in manufacturing tangible personal property that is placed in service on or after July 1, 1995. Credits may be carried forward until fully used. The large project investment tax credit is subject to a $3 million cap for fiscal year 1996/97. City of Roanoke's Enterprise Zones The City of Roanoke has two Enterprise Zones which offer state and local incentives to businesses locating or expanding within the zones. Enterprise Zone One, encompassing 1,895 acres and centered along the main east-west tracks of Norfolk and Western Railroad, was established January 1, 1984. Incentives remain in effect until December 31, 2003. Enterprise Zone Two, with 1,020 acres, covers the largest inventory of vacant industrial sites in the city. The zone remains in effect from January 1, 1996, to December 31, 2015. Local Incentives for Roanoke's Enterprise Zones Local incentives are also offered by the City of Roanoke for each Enterprise Zone. For more information about the local incentives pertaining to each zone, contact the City of Roanoke's Office of Economic Development. - Additional Information This overview of the Virginia Enterprise Zone program is intended to provide basic information. As specific details of the program's implementation are presently being refined at the state level, it is recommended that a business contact the City of Roanoke's Office of Economic Development for more information prior to major financial commitments. City of Roanoke Office of Economic Development Room 357, Mnnicipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Phone: (540) 853-2715 Fax: (540) 853-1213 eraall: lfain~ci.roanoke.va.us Facade and Building Improvements I. Facade Grants A. $40,000 has been requested from CDBG funds B. Buildings must be in H-I District to qualify II. Economic Development Investment Fund A. $200,000 has been requested from CDBG funds Bo Buildings must be in H-1 District or eligible for National Register and in Downtown Service district III. Funding will be available July 1, 1997 upon City Council approval IV. Downtown Roanoke, Inc. and the City's Office of Economic Development will be in contact with property owners to encourage their participation in forming a public-private partnership to bring about necessary improvements. TENTATIVE SCHEDULE PHASE 1, RAILSIDE LINEAR WALK Below is the tentative schedule of work on the proposed Railside Linear Walk project. This is a schedule that basically address all "phases" of the work and the approximate time frame required for that phase. Because it has been necessary to redesign the portion of the project between Market and Henry Streets, the time frame indicated below is tentative subject to the City approving the revised scheme. Presentation to City Review Team of Revised Concept Plan for "Grade Level" Segment from Market Street to First (Henry) Street Presentation of Plan to the City Manager, Mayor and City Council Final "Formal" Presentation of Complete Plan for Rail Walk to the Public Submission of Preliminary (35%) Drawings Completion of Document Review by City/VDOT/Other Agencies Submission of Completed Bid Documents Completion of Document Review by City/VDOT/Other Agencies Advertise and Bid Project Receipt of Bids, Council Approval, Contract Approval, Issue formal "Notice to Proceed" Start of Construction Completion of Construction May 1997 June 1997 July 1997 September 1997 October 1997 December 1997 February 1998 March 1998 May 1998 June 1998 April 1999 Funding for Project will be secured from following sources: 1994 Bond Referendum $ 1,500,000 VDOT "ISTEA" Grant 300.000 TOTAL FUNDING $ 1,800,000 April 21, 1997