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HomeMy WebLinkAboutCouncil Actions 05-19-97WYATT 33403 REGULAR SESSION May 19, 1997 12:00 noon ROANOKE CIFIC CENTER EXHIBIT HALL 710 WILLIAMSON ROAD, N. E. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Counci~ Member Parrott was absent, and Council Member White arrived late. The Invocation was delivered by Todd St. Clair, Member, Youth Services Citizen Board. A. The Members of the Roanoke City Council participated in the 1997 Student Government Day program and luncheon. File #175-304-467 At 12:07 p.m., the meeting was declared in recess until 2:00 p.m. ROANOKE CITY CO UNCIL REGULAR SESSION May 19, 1997 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Counci~ Member Parrott was absent. The Invocation was delivered by The Reverend Samuel D. Belisle, Pastor, Penn Forest Church of God. 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 welcomed aH 1997 Student Government Day participants and presented T-shirts. File #80-175-304-467 C-1 C-2 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, ROOM 456, MUNICIPAL BUILDING, OR AT 853-2541. CONSENT AGENDA (APPROVED 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #15-110-132 Executive Session. A report of the City Manager with regard to the Final Report of the Mayor's Henry Street Revival Committee. RECOMMENDED ACTION: Concur in recommendation. File #110-$11 C-3 Qualification of the following persons: Richard A. Rife as a member of the City Planning Commission for a term ending December 31, 2000; and File #15-110-200 Lucy R. Ellett as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2000. File #15-110-379 RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting that Council convene in Executive Session to discuss the disposition of publicly held property, specifically the conditions relating to the proposed disposition, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. File #132-166 REGULAR AGENDA o HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Request to address Council with regard to Historic Gainsboro. Evelyn D. Bethel, President, Historic Gainsboro Preservation District, Inc. (15 minutes) Received and filed. File #165-216 b. Presentation by the Economic Development Commission. J. Granger Macfarlane, Chair. (15 minutes) Received and filed. File #110-450 4 4. PETITIONS AND COMMUNICATIONS: A communication fxom the Roanoke City School Board requesting the close-out of thirty-six completed school grants; and a report of the Director of Finance recommending that Council concur in the request. Concurred in the request. File 0236-467 bo A communication fi.om the Roanoke City School Board requesting appropriation and tran,qfer of funds in connection with certain projects and grant programs; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 33403-051997. (6-0) File #53-60-236-270-467-472 5. REPORTS OF OFFICERS: a. CITY MANAGER: 1. A report with regard to park conditions. (15 minutes) Received and filed. Council member Trout requested information with regard to the amount that is spent on the City's parks compared with other cities in Virginia. File #60-67-132 Vice-Mayor Wyatt pointed out that many parks are built around school buildings, and suggested that the City become more proactive about offering after-school recreation programs for children. File #67-132-304-467 5 Council Member Swain requested a report with regard to the scope of the City's tennis programs. File #67-132 Council Member Harris requested information with regard to the amount of funds spent annually on repairing vandalism in City parks. File #67-132 ITEMS RECOMMENDED FOR ACTION: A report recommending appropriation of funds in connection with demolition of unsafe buildings. Adopted Budget Ordinance No. 33404-051997. (6-0) File #32-60 A report recommending execution of a contract with the Art Museum of Western Vir~nia for the 1997 Sidewalk Art Show. Adopted Resolution No. 33405-051997. (6-0) File 067-169-317-416 A report recommending execution of amendment to a contract with Festival-h-The-Park. Withdrawn. A report recommending appropriation of funds fi.om the Water Fund for Capital Outlay accounts, new services, hydrants and lines, and Unidentified Plant Replacement. Adopted Budget Ordinance No. 33406-051997. (6-0) File #60-217-468-472 A report recommending acceptance and appropriation of funds t~om the Local Law Enforcement Block Grant. Adopted Budget Ordinance No. 33407-051997. (6-0) File//5-60-236 A report recommending execution of amendments to the City's contract with Maple Leaf Foods, Inc., relative to Site "G" at the Roanoke Centre for Industry and Technology. The matter was considered following Council's Executive Session. (See page 10.) 6. REPORTS OF COMMITTEES: A report of the bid committee recommending that all bids received for the Roanoke River Interceptor Sewer Replacement, Contracts A and B, be rejected. Council Member John H. Parrott, Chair. Adopted Resolution No. 33408-051997. (6-0) File 027 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 33379 on second reading, amending the Code of the City of Roanoke (1979), as amended, by enacting new Section 32-170.1, Applicability to mobile local telecommunication service, establishing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date. Adopted Ordinance No. 3;}379-051997. (4-2, Vice-Mayor Wyatt and Council Member Trout voted no.) File #24-79-383 7 bo Ordinance No. 33397, on second reading, establishing the annual salary of the Mayor for the fiscal year beginning July 1, 1997; and providing for an effective date. Deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m., Vice-Mayor Wyatt and Council Member Harris voted no. File #60-132 Ordinance No. 33398, on second reading, establishing the annual salaries of the Vice-Mayor and Council Members for the fiscal year beginning July 1, 1997; and providing for an effective date. Deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m., Vice-Mayor Wyatt and Council Member Harris voted no. File #60-132 Ordinance No. 33399, on second reading, establishing compensation for the City Manager, City Attorney, Director of Finance, Director of Real Estate Valuation, Municipal Auditor, and City Clerk for the fiscal year beQnning July 1, 1997; and providing for an effective date. Deferred until the next regular meeting of Council on Monday, June 2, 1997, at 2:00 p.m., Vice-Mayor Wyatt and Council Member Harris voted no. File #1-38-60-83-104-162-280 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Wyatt stated that she had requested that the play "Things Look Different Now" performed by the CITY School Students during Council's 12:00 noon session, be videoed and televised on RVTV Channel 3. File #132-304-448-467 Vice-Mayor Wyatt requested that the City Manager report to Council with regard to the number of consultants hired by the City in the last year, the name of the company, the scope of services to be provided, and the amount paid to the consultants. File #132-405 Council Member Harris requested that Council be provided with a report from the Executive Director of the Roanoke Regional Airport Commission concerning airport travel statistics. File 89-132 Council Member Harris requested an update on what assistance the City is providing in connection with the Williamson Road Corridor Study and the future of the project. File #132-165-342 Council Member Swain stated he has received many telephone calls concerning the pay increase issue for the Mayor and Members of Council, and that some of the comments he has heard include suggestions for a tax on antique cars, a limitation on the number of vehicles allowed to be kept at City residences, and an additional E-911 telephone number for emergency calls. File #60-79-132-262-354 Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: Mr. Tom W. Goodwin, 856 Marshall Avenue, S. W., addressed Council with regard to proposed salary increases for the Mayor, Vice-Mayor, Council and Council Appointed Officers. File #60-66-132 Mr. Chris G. Muse, 617 6th Street, S. W., addressed Council with regard to the Roanoke Valley Website. File 8403 9 Ms. Linda C. Willis, 3440 Bennett Drive, N. W., Apartment 9, addressed Council with regard to injuries she received while employed by The Hotel Roanoke and Conference Center and requested assistance from the City. File #66-247 Ms. Helen B. Davis, 45 Patton Avenue, N. E., addressed Council with regard to its policy concerning postponement of an agenda item until a future Council meeting. File #66-132 CERTIFICATION OF EXECUTIVE SESSION. (6-0) Adopted Budget Ordinance No. 33409-051997 and Resolution No. 33410-051997 in connection with execution of amendments to the City's contract with Maple Leaf Foods, Inc., relative to Site "G" at the Roanoke Centre for Industry and Technology. File 060-207-450 At 5:42 p.m., the meeting was declared in recess until 7:00 p.m. l0 Ae ROANOKE CITY CO UNCIL REGULAR SESSION May 19, 1997 7:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Counci~ Member Parrott was absent. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayoz~ Bowers. Welcome. Mayor Bowers. PUBLIC HEARINGS: Public hearing on the request of Sue Dalton and James L. Woltz that a portion of a cul-de-sac located at the end of Woods End Lane, S. W., (formerly Forest Road), at 851 and 855 Woods End Lane, be vacated, discontinued and closed. James L. Woltz, Spokesperson. Adopted Ordinance No. 33411 on first reading. (6-0) File 0514 Public hearing on the request of Andrew W. Hull that an alley located at the rear of 1506 Franklin Road, S. W., and parallel to the rear of 312 Woods Avenue, described as Official Tax Nos. 1031204 and 1031203, respectively, be vacated, discontinued and closed. Andrew W. Hull, Spokesperson. Adopted Ordinance No. 33412 on first reading. (6-0) File 0514 Public hearing on the request of The Daum Charitable Remainder Unitrust that a tract of land located at 1928 Maiden Lane, S. W., described as a portion of Lets 1 - 3, inclusive, Block 4, Keystone Place, Official Tax No. 1331205, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-l, Office District. Conrad H. Daum, Spokesperson. Adopted Ordinance No. 33413 on first reading. (6-0) File 051 Public hearing on the request of the Rescue Mission of Roanoke, Inc. that an alley beginning at Dale Avenue, S. E., located at the northeast comer of offcial Tax No. 4012628 and the northwest comer of Official Tax No. 4012605, continuing south and ending at the southeast comer of Official Tax No. 4012604 and the southwest comer of Official Tax No. 4012605, be vacated, discontinued and closed. E. Elizabeth Downs, Attorney. Withdrawn by the petitioner. B. OTHER HEARING OF CITIZENS. None. I'U[I IIII IUII Given under our hands and the Seal of the City of Roanoke this nineteenth day of May nineteen hundred and ninety-seven. WHEREAS, the future of our community, our State and our nation depends upon the young people of today who will be the leaders of tomorrow; and it is the duty of all citizens, parent~, and youth organizations to develop a proper attitude among the young people of our community and to provide them with the right examples, environment and opportunities; and it is through united efforts that young people will develop to their fullest potential and become healthy, caring adults, with respect for themselves and for others; and WHEREAS, Student Government Day has been established to reinforce to young .4mericans the importance and the excitement of helping others; and their involvement in government creates a public awareness of the positive contributions that young people make in the progress of the nation; and WHEREAS, through Student Government Day, an effort is made to link the talents and resources of students by addressing some of the major issues facing the c#ies of .4merica, such as drug and alcohol abuse, education, hunger and homelessness, and assisting elderly citizens. NOW, THEREFORE, I, David .4. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim Monday, May 19, 1997, throughout this great .4ll-.4merica City of Roanoke, as STUDENT GOVERNMENT DAY 199Z ATTEST: Mary F. Parker City Clerk David .4. Bowers Mayor DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 2~011-1594 T¢lephone: (540) 981-2~1~ Fax: (540) 853-1145 May 19,1997 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, ~avid A. Bowers Mayor DAB:sm Mary F. Parker, CMCIAAE city Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File #110-511 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the Final Report of the Mayor's Henry Street Revival Committee, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. On motion, duly seconded and adopted, Council concurred in the recommendation that the City Administration continue working with one or more groups in the community who are working to put together proposals for specific development in an effort to help solidify a process that could lead to concrete proposals for development. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm -W. Robert Herbert. City Manager May 21, 1997 Page 2 pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Claudia A. VVhitworth, Editor, The Roanoke Tribune, 231"8 Melrose Avenue, N. W., Roanoke, Virginia 24017 Mr. George E. Franklin, 1715 Loudon Avenue, N. W., Roanoke, Virginia 24017 The Reverend Charles T. Green, 1731 Hanover Avenue, N. W., Roanoke, Virginia 24016 Ms. Vernice Law, 1019 Staunton Avenue, N. W., Roanoke, Virginia 24016 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Mr. George E. Rogers, 1311 Orange Avenue, N. W., Roanoke, Virginia 24016 Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development May 19, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Henry Street Public interest in the future development of Henry Street continues and seems to be increasing. It would appear that there are one or more groups in the community who are working to put together proposals for specific development. It is recommended that Council allow the City administration to continue working with these groups in an effort to help solidify a process that could lead to concrete proposals for development. The Roanoke Redevelopment & Housing Authority, as the major landowner in the Henry Street area, will soon have a new executive director on May 21, 1997. It will undoubtedly take some time for Mr. Baker to become familiar with the history of the Henry Street area and develop a recommendation on his own for how this matter should proceed. Respectfully, W. Robert Herbert City Manager CC: Mary F. Parker, City Clerk James D. Ritchie, Assistant City Manager Wilbum C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works John R. Marlles, Chief of Planning & Community Development John P. Baker, Executive Director, Roanoke Redevelopment & Housing Authority Claudia A. Whitworth, The Roanoke Tribune CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk February 24, 1997 File #110-132-511 ~indm H. Eakin Deputy City Clerk The Honorable David A. Bowers Mayor Roanoke, Virginia Dear Mayor Bowers: A final report of the Henry Street Revival Committee, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, February 18, 1997. On motion, duly seconded and adopted, the report was tabled for an additional 90 days to provide time for discussion and to reach a consensus on the best way to address recommendations contained in the report. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: W. Robert Herbert, City Manager George E. Franklin, CEO, Rebuilding Black Communities, Inc., 2310 Melrose Avenue, S. W.; Roanoke, Virginia 24017 Neva J. Smith, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Willis M. Anderson, Chairperson, Roanoke Redevelopment and Housing Authority Board of Commissioners, 2601 Con'Mallis Avenue, S. E., Roanoke, Virginia 24014 James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Mariles, Chief, Planning and Community Development Rose M. Woodford, Executive Secretary, City Manager's Office 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 May 21, 1997 File #15-110-200 Gilbert E. Butler, Jr., Chair City Planning Commission 2416 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: This is to advise you that on May 5, 1997, Richard A. Rife qualified as a member of the City Planning Commission for a term ending December 31, 2000. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: Martha P. Franklin, Secretary, City Planning Commission Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Richard A. Rife do solemnly swear (or affirm) that I will support the Constitution of the United States of Amedca and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City Planning Commission for a term ending December 31, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this .-% day of.J~ 1997. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. SW.. Room 456 Roanoke, Virginia 24011-1536 TeIephone: (5401 853-2541 Fax; 1540) 853-1145 May 21, 1997 File #15-110-379 SANDRA H. EAKIN Deputy Cily Clerk Wayne G. Strickland Executive Director Fifth Planning District Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that on May 6, 1997, Lucy R. Ellett qualified as a member of the Roanoke Valley Graenways Commission for a term ending June 30, 2000. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc' Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 298001 Roanoke, Virginia 2401843798 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 Elizabeth Belcher, Roanoke Valley Greenways Coordinator, Fifth Planning District Commission, P. O. Box2569, 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 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Lucy R. Ellett, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Greenways Commission for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~-~ day of //~Oj.~ 1997. ARTHUR B. CRUSH, III, CLERK May 19, 1997 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: This is to request that Council convene in Executive Session to discuss the disposition of publicly held property, specifically the conditions relating to the proposed disposition pursuant to ~2.1-344(A)(3), Code of Virginia (1950), as amended. Respectfully, W. Robert Herbert City Manager WRH:ff Historic Gainsboro Preservation District, Inc., 35 Patton Ave., NE, Roanoke, VA 24016 (540) 342-0728 May 12, 1997 Ms. Mary Parker Office of the City Clerk City of Roanoke 215 Church Avenue, S. W. Room 456 Roanoke, Virginia 24011-1536 Dear Ms. Parker: This letter confirms my request, placed by telephone last week, to be placed on the City Council agenda, Monday, May 19th at 2:00 pm. The topic is Historic Gainsboro and the time required is no more than fifteen (15) minutes. Thank you so very much. Sincerely yours, Historic Gainsboro in Roanoke, Virginia Office of Economic Development FAXED AND MAILED May 12, 1997 The Honorable Mary Parker Clerk City of Roanoke 215 Church Avenue, Room 456 Roanoke, virginia 24011 Dear Mary: Several months ago, Mayor Bowers requested that I make a presentation regarding Economic Development to City Council. I believe Phil Sparks has completed our joint report and we are ready to present it 2:00 p.m. on May 19, 1997. It is my understanding that we have reserved time on the May 19 calendar, however, please call me and advise if the above time is correct. The presentation will take about thirty (30) minutes. Thanks. I send my best personal regards. Very sincerely yours, cc: Philip F. Sparks, Chief of Economic Development Room 357 Municipal Building 215 Church Avenue, S W, Roanoke Virginia 24011 (703) 98t-27t5 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 Cily Clerk May 21, 1997 File #236-467 Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: A communication from the Roanoke City School Board requesting the close-out of thirty-six completed school grants, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. On motion, duly seconded and adopted, Council concurred in the request. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: 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 W. Robert Herbert, City Manager James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor DEPARTMENT OF FINANCE CITY OF ROANOKE, VA. May 19, 1997 FROM: SUiL1ECT~. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Requests for Closeout of Grants We have reviewed the attached request to close out thirty-six school grants for the School Board. This request is to close out grant programs that have been completed. We recommend that you concur with this request of the School Board. JDG/ICF/bls Attachments c: Ila Farris, Senior Accountant ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANTS The thirty-six grants listed below have been completed and should be closed. Total outlays for the grants amounted to $10,044,058.86. Federal funds in the amount of $5,395,845.08, state funds in the amount of $2,298,422.69, fees in the amount of $595,388.85, and local match in the amount of $1,754,402.24 provided revenue for the grants. No change in local revenues or expenditures are created by the grant closings. Grant Appr. Page Number Descfip~on Unit Amount Number 030.-060-6149 Chapter I Winter 124-96-1 X1X $ 2,254,809.98 3 030-060-6152 Chapter I Summer 124-96-2 X1X 110,867.31 4 030--060-6153 Chapter I Cam/over 124-96-3 X1X 231,097.71 5 030-060-6237 Eisenhower 95 X2D 64,139.81 6 030-060-6238 Chapter II 96 X2E 160,653.27 7 030-060-6239 Eisenhower 96 X2F 57,134.49 8 030-060-6242 Title VI Curriculum Alignment X21 16,000.00 9 030-060-6304 Govemoi's School 95 X3D 876,795.00 10 030-060-6305 Family ERA Program 95 X3E 141,978.00 11 030-060-6308 Governor's School 96 X3H 921,829.00 12 030-060-6450 Alternative Education 96 X4G 1,072,630.43 13 030-060-6451 SummerYouth Employment 96 X4H 48,071.70 14 030-060-6520 Flow Through 95 X5J 878,240.00 15 030-060-6526 Day Cam II 94-95 X5P 10,226.75 16 030-060-6527 FlowThrough 96 XSQ 937,344.00 17 030-060-6528 Child Development Clinic 96 X5R 58,123.10 18 030-060-6529 Child Specialty Services 96 X5S 53,009.86 19 030-060-6530 Juvenile Detention Home 96 X5T 106,730.72 20 030-060-6531 Preschool Incentive 96 X5U 101,925.59 21 030-060-6532 Special Education Inteq:)reter Training 95.96 X5V 7,507.60 22 030-060-6776 Adult Basic Education 96 X7Y 123,181.86 23 030-060-6777 Apprenticeship 96 XTZ 104,728.57 24 030-060-6778 PeddnsAct 96 X71 312,177.85 25 030-060-6779 Regional Adult Educ. Specialist 96 X72 28,665.73 26 030-060-6781 Regional Adult Literacy (TAP) 95.96 X74 90,731.82 27 030-060-6782 GED Testing 96 X74 5,316.34 28 030-060-6783 Opportunity Knocks GED 95-96 X75 6,222.17 29 030-060-6818 Artist in Education 94-95 X8L 19,108.98 30 030-060-6819 Wdter in Residence 95-96 X8M 9,500.00 31 May 13, 1997 Page 1 Gmnt Appr. Page Number Description Unit Amount Number 030~360-6820 Highland Park Ads Incentive Grant 94-95 03~060-6925 Grants Management 95 030-060~935 Project YES 96 030q360-6936 Regional AJtematJve Education 96 030-060~939 HomelessAssistance 96 030~60-6940 Netwoddng & Elementapj Technology Funds 030-060-6943 Thumnan Foundation for Children Total X8N X91 X9S X9T X9W X9X X91 293.00 53,187.00 256,296.00 129,458.00 44,784.22 745,293.00 6,000.00 $ 10,044,058.86 32 33 34 35 36 37 38 May 13, 1997 Page 2 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Title I Winter 124-96-1 6149 The Title I Winter program for fiscal year 1995-96 expended federal funds in the amount of $2,254,809.98 to provide reading, language arts and mathematics instruction for students in targeted schools. The program ended December 31, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit XlX should be closed. May 13, 1997 Page 3 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Title I Summer 124-96-2 6152 The Title I Summer program expended federal funds in the amount of $110,867.31 to provide reading, language arts and mathematics instruction for students dudng the summer session. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit XlX should be closed. May 13, 1997 Page 4 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Title I Carryover 124-96-3 6153 The Title I Carryover program for fiscal year 1995-96 expended federal funds in the amount of $231,097.71 to provide reading, language arts and mathematics instruction for students in targeted schools. The program ended December 31, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X1X should be closed. May 13, 1997 Page 5 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Eisenhower Title II 95 6237 The Eisenhower Title II program for 1994-95 expended federal funds in the amount of $63,042.45 and local match in the amount of $1,097.36 to provide for activities to improve the skills and knowledge of mathematics and science teachers and to facilitate greater communication and collaboration between disciplines and across grade levels. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X2D should be closed. May 13, 1997 Page 6 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Chapter II 1996 6238 The Chapter II program expended federal funds in the amount of $122,311.98 and local match in the amount of $38,341.29 to provide for the improvement of instructional services in the school district. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X2E should be closed. May 13, 1997 Page 7 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Eisenhower Title II 96 6239 The Eisenhower Title II program for 1995-96 expended federal funds in the amount of $57,134.49 to provide for activities to improve the skills and knowledge of mathematics and science teachers and to facilitate greater communication and collaboration between disciplines and across grade levels. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X2F should be closed. May 13, 1997 Page 8 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Title VI Curriculum Alignment 6242 The Title VI Curriculum Alignment program expended federal funds in the amount of $16,000.00 to provide for innovative education program strategies to be developed at eight Title I schools. The program ended December 31, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X21 should be closed. May 13, 1997 Page 9 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Governor's School 94-95 6304 The 1994-95 Governor's School program expended state funds in the amount of $344,934.00, fees from other divisions in the amount of $246,440.00 and local match in the amount of $285,421.00 to provide science and math instruction to high school students from the area surrounding and including Roanoke City. The program ended September 30, 1995. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X3D should be closed. May 13, 1997 Page 10 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Family ERA Program 95 6305 The 1994-95 Family ERA program expended federal funds in the amount of $141,978.00 to provide for a family-school partnership to promote family education and student readiness and achievement. The program ended September 30, 1996. Apprepdations, expenditures and revenues for the grant are equal. Appropriation Unit X3E should be closed. May 13, 1997 Page 11 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Governor's School 95-96 6308 The 1995-96 Govemor's School program expended state funds in the amount of $335,249.00, fees from other divisions in the amount of $273,980.00 and local match in the amount of $312,600.00 to provide science and math instruction to high school students from the area surrounding and including Roanoke City. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X3H should be closed. May 13, 1997 Page 12 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Alternative Education 95-96 6450 The Alternative Education program for 1995-96 expended federal funds in the amount of $35,000.00 and local match in the amount of $1,037,630.43 to provide instruction and guidance services to secondapJ level students who were at dsk of leaving school. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X4G should be closed. May 13, 1997 Page 13 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Summer Youth Employment 1996 6451 The 1996 Summer Youth Employment program expended federal funds in the amount of $48,071.70 to provide training and hands-on experience for building trades students. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X4H should be closed. May 13, 1997 Page 14 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Flow Through 94-95 6520 The 1994-95 Flow Through program expended federal funds in the amount of $778,240.00 and state funds in the amount of $100,000.00 to provide aid for the education and guidance of handicapped students. The program ended September 30, 1995. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5J should be closed. May 13, 1997 Page 15 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Day Care II 94-95 6526 The 1994-95 Flow Through program expended federal funds in the amount of $7,500.00 and local match in the amount of $2,726.75 to provide day care and infant stimulation for infants of teen mothers while the mothers attended school at the Maternal and Infant Education Center. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5P should be closed. May 13, 1997 Page 16 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Flow Through 95-96 6527 The 1995-96 Flow Through program expended federal funds in the amount of $837,344.00 and state funds in the amount of $100,000.00 to provide aid for the education and guidance of handicapped students. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5Q should be closed. May 13, 1997 Page 17 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Child Development Clinic 95-96 6528 The 1995-96 Child Development Clinic program expended state funds in the amount of $58,123.10 to provide for the salary and expenses of the educational coordinator at the clinic. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5R should be closed. May 13, 1997 Page 18 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Child Specialty Services 95-96 6529 The 1995-96 Child Specialty Services program expended state funds in the amount of $53,009.86 to provide for the salary and expenses of the consultant at the bureau. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5S should be closed. May 13, 1997 Page 19 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Juvenile Detention Home 95-96 6530 The 1995-96 Juvenile Detention Home program expended state funds in the amount of $106,730.72 to provide for the salary and expenses of the two consultants at the home. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5T should be closed. May 13, 1997 Page 20 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Preschool Incentive Program 95-96 6531 The 1995-96 Preschool Incentive program expended federal funds in the amount of $101,925.59 to provide orientation and evaluation for handicapped students entedng the school system. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5U should be closed. May 13, 1997 Page 21 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Special Education Interpreter Training 95-96 6532 The 1995-96 Special Education Interpreter Training program expended federal funds in the amount of $7,507,60 to provide for the development of training curriculum for the hearing impaired program. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X5V should be closed. May 13, 1997 Page 22 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Adult Basic Education 95-96 6776 The 1995-96 Adult Basic Education program expended federal funds in the amount of $89,250.18 and local match in the amount of $33,931.68 to provide for adult basic education for persons who have not completed high school and for the instruction of adults using recorded tapes accessed by telephone. The program ended December 31, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit XTY should be closed. May 13, 1997 Page 23 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Apprenticeship 95-96 6777 The 1995-96 Apprenticeship program expended state funds in the amount of $45,223.28, fees in the amount of $57,430.34 and local match in the amount of $2,074.95 to provide on-the-job and classroom vocational instruction for students in the apprenticeship program. The program ended December 31, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X7Z should be closed. May13,1997 Page24 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Perkins Act 95-96 6778 The 1995-96 Perkins Act program expended federal funds in the amount of $312,177.85 to provide for vocational instructors and the purchase of vocational equipment. The program ended September 30, 1996~ Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X71 should be closed. May 13, 1997 Page 25 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Regional Adult Education Specialist 95-96 6779 The 1995-96 Regional Adult Education Specialist program expended state funds in the amount of $28,665.73 to provide for the costs of the regional Adult Education Specialist program. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X72 should be closed. May 13, 1997 Page 26 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Regional Adult Literacy (TAP) 95-96 6781 The 1995-96 Regional Adult Literacy CRAP) program expended federal funds in the amount of $90,731.82 to provide for the administration of adult literacy programs in surrounding localities as subcontracted through Total Action Against Poverty (TAP). The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X74 should be closed. May 13, 1997 Page 27 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT GED Testing 95-96 6782 The 1995-96 GED Testing program expended fees in the amount of $5,316.34 to provide for the administration of the GED examinations. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X74 should be closed. May 13,1997 Page 28 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Opportunity Knocks GED 95-96 6783 The 1995-96 Opportunity Knocks program expended fees in the amount of $6,222.17 to provide instruction for the General Educational Development (GED) examination for young adults. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant ara equal Appropriation unit X75 should be closed. May 13, 1997 Page 29 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Artist in Education 94-95 6818 The 1994-95 Artist in Education program expended state funds in the amount of $10,334.00 and local match in the amount of $8,774.98 to enhance the district's arts program by bdnging experts into the schools for student workshops. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation unit X8L should be closed. May 13, 1997 Page 30 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Writer in Residence 95-96 6819 The 1995-96 Writer in Residence program expended state funds in the amount of $5,000.00 and local match in the amount of $4,500.00 to enhance the district's literary arts program by bringing experts into the schools for student workshops. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X8M should be closed. May 13, 1997 Page 31 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Highland Park Arts Incentive Grant 94-96 6820 The 1994-95 Highland Park Arts Incentive program expended federal funds in the amount of $293.00 to strengthen the arts program at Highland Park School and to encourage innovative arts programs at the school. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation unit X8N should be closed. May 13, 1997 Page 32 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Grants Management 94-96 6925 The 1994-95 Grants Management program expended federal funds in the amount of $53,187.00 to provide for a po[tion of the salary and fdnge benefit costs of the magnet program director. The program ended September 30, 1995. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X91 should be closed. May 13, 1997 Page 33 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Project YES 96-96 6936 The 1995-96 Project YES expended state funds in the amount of $256,296.00 to identify, assess, evaluate and provide assistance for at-risk students who were potential dropouts. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation unit X9S should be closed. May 13, 1997 Page 34 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Regional Alternative Education 95-96 6936 The 1995-96 Regional Altemative Education program expended state funds in the amount of $109,564.00 and local match in the amount of $19,894.00 to model alternative curriculum and training for high risk youth. The program ended September 30, 1993. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X9T should be closed. May 13, 1997 Page 35 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Homeless Assistance Program 95-96 6939 The 1995-96 Homeless Assistance program expended federal funds in the amount of $37,374.42 and local match in the amount of $7,409.80 to provide instructional services to homeless students. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X9W should be closed. May 13, 1997 Page 36 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Networking & Elementary Technology Funds 95-96 6940 The 1995-96 Networking & Elementary Technology program expended state funds in the amount of $745,293.00 to purchase school networking equipment and elementary school media technology equipment and software. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X9X should be closed. May 13, 1997 Page 37 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANT Thurman Foundation for Children 6943 The Thurman Foundation for Children program expended donations in the amount of $6,000.00 to support the activities of the Partners for Success program. The program ended September 30, 1996. Appropriations, expenditures and revenues for the grant are equal. Appropriation Unit X91 should be closed. May 13, 1997 Page 38 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 May 21, 1997 File #53-60-236-270-467-472 Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 33403-O51997 amending and reordaining certain sections of the 1996-97 School, General, and Capital Projects Fund Appropriations, providing for appropriation and transfer of funds to the following school accounts: $5,000,000.00 - Woodrow Wilson Middle School renovation project; Grant No. 6959 - State bond funds in the amount of $750,000.00 issued by the Virginia Department of Education for the Schools to purchase school instructional technology equipment; Grant No. 6452 - $72,000.00 for the Summer Youth Employment program; Grant No. 6931 - $13,250.00 for the Project Success program to utilize contributions to establish a joint venture between Roanoke City Schools, area colleges, and area businesses; $200,000.00 to the Schools' Food Service account due to the higher level of participation in the student lunch program; $405,711.00 to purchase textbooks to implement new State Standards of Leaming; transfer $102,888.00 from utilities to roof repairs for the Roanoke Academy for Math and Science, and appropriate $145,820.00 from the School portion of the Capital Maintenance and Equipment Replacement Program for roof replacement of Roanoke Academy for Math and Science. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm EriC. Marsha W. Ellison May 21, 1997 Page 2 pc: 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 W. Robert Herbert, City Manager James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Vickie S. Tregubov, Grants Compliance Monitor IN-~HE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 1997. No. 33403-051997. AN ORDINANCE to amend and reordain certain sections of the 1996-97 School, 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 School, General, and Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: $choolFund Appropriations Education School Instructional Technology Funds 1997-98 (1) ............... Summer Youth Employment 1997 (2-6) ......................... Partners for Success (7) ..................................... Instruction (8) ............................................. General Support (9) ........................................ Operation and Maintenance of Plant (10) ....................... Food Services (11) ......................................... Facilities (12) ............................................. Revenue Education School Instructional Technology Funds 1997-98 (13) .............. Summer Youth Employment 1997 (14) ......................... Partners for Success (15) .................................... Grants-in-Aid Federal Government (16) ......................... Charges for Services (17) ................................... Non-Operating (18-19) ...................................... $109,638,587 750,000 72,000 96,850 62,078,033 3,151,326 9,321,368 3,765,696 2,837,888 $106,840,164 750,000 72,000 96,850 2,513,996 2,547,706 40,363,536 General Fund Appropriations Nondepartmental Transfer to Other Funds (20) ................................. Fund Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (21) .................................. $ $ 57,025,327 56,660,834 0 Capital Projects Fund Appropriations Education Wilson Renovations (22) .................................... Revenue Due from State Literary Fund (23) .............................. $ $ 24,890,309 5,198,909 5,000,000 1) School Instructional Technology 2) Teachers 3) Social Services 4) Travel 5) Instructional Supplies 6) Student Participant Allowances 7) Tuition 8) Textbooks 9) School Board Contingency 10) Utilities 11) Food 12) Roof Replacement 13) State Funds 14) Federal Grant Receipts 15) Contributions 16) Federal Food Service Receipts (030-060-6959-6002-0826) $ 750,000 (030-060-6452-6449-0121) 15,708 (030-060-6452-6449-0201) 1,201 (030-060-6452-6449-0551) 7,624 (030-060-6452-6449-0614) 2,104 (030-060-6452-6549-0129) 45,363 (030-060-6931-6100-0312) 13,250 (030-060-6001-6666-0613) 405,711 (030-060-6002-6661-0589) (030-060-6004-6681-0511) (030-060-6005-6788-0602) (030-060-6006-6896-0809) (030-060-6959-1100) (003-060-6452-1102) (030-060-6931-1103) (030-060-6000-0712 ) (25,000) (185,203) 200,000 248,708 750,000 72,000 13,250 160,000 17) Cafeteria Receipts Additional Revenue 18) Health Insurance Premium Refund 19) Transfer from General Fund 20) Transfer to School Fund 21) CMERP - School 22) Appropriation from Literary Fund 23) Due from State Literary Fund (030-060-6000-0811 ) (030-060-6000-0726) (030-060-6000-1037) (001-004-9310-9530) (001-3324) (008-060-6088-6896-9006) (008-1161 ) $ 15,000 323,396 145,820 145,820 (145,820) 5,000,000 5,000,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. -,~ Marsha W. Ellison, Chairman Harry F. Davis John H. Saunders, Vice Chairman Charles W. Day Marilyn L. Curtis Melinda J. Payne fRoanoke City School Boord P.o. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-981-2951 Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Ramsuer, Clerk of the Board May 14, 1997 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board requests the following appropriations and transfers as the result of official Board action at its May 13 meeting: $5,000,000.00 for the Woodrow Wilson Middle School renovation project. The appropriation will provide Literary Loan funds for the project. The previous funding requests totaling $421,963 from the 1996 Capital Bond Issue and from earnings on bond investments were made to provide for design and engineering costs. The request will require a VPSA bond issue to fund the balance of the renovation cost for the schools. The bonds will be issued in the late Fall of 1997 with the debt service to be shared with the City. Grant No. 6959 - State bond funds in the amount of $750,000.00 have been issued by the Virginia Department of Education for the Schools to purchase school instructional technology equipment. One hundred percent of the program outlays will be reimbursed by the state bond funds. Grant No. 6452 - $72,000.00 for the Summer Youth Employment program to provide training and hands-on experience for disadvantaged or handicapped youth from the inner city with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward the high school diploma. The program will be one hundred percent reimbursed by federal funds. Grant No. 6931 - $13,250.00 for the Project Success program to utilize contributions to establish a joint venture between Roanoke City Schools, area colleges, and area businesses. The program is designed to encourage college preparation of eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. The additional contributions have been received from the private sector to support the initiative. Excellence in Education Members of Council Page 2 May 14, 1997 $175,000.00 of federal food service and cafeteria revenues to the Schools' General Fund is requested to recognize the higher participation in the student lunch program and the resulting higher level of expenses required for food purchase. In addition, a transfer of $25,000 from the School Board Contingency account is requested to provide supplementary funds for food purchases. $145,820.00 from the 1996-97 Capital Maintenance and Equipment Replacement Fund will be used for roof replacement at Roanoke Academy for Math and Science. In addition, a transfer of $102,888.00 from the utility account to the roof replacement account is requested. The decrease in utility requirements is the result of savings from a milder winter and a cooler summer. The funds will be used for roof replacement at Roanoke Academy for Math and Science. $323,396.00 as the result of the settlement amount of the School Board's claim against Trigon Blue Cross for the policy years 1988 through 1994. The funds will be used to purchase newly adopted textbooks to implement new State Standards of Learning. The funds from Trigon have been received. In addition, a transfer of $82,315.00 from the utility account to the textbook account is requested. The decrease in utility requirements is the result of a ten percent reduction in American Electric Power rates retroactive to July 1, 1996. The funds will be used to purchase newly adopted textbooks. The Board appreciates the approval of these requests. Sincerely, Cindy H. Ramsuer, Clerk re Enc. cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Mrs. Ila Farris (with accounting details) May 19, 1997 FROM: S~ Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Requests for the Appropriation of School Funds, School CMERP Funds and School Capital Project Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for the following items: - Appropriate funding for three grants in the School Ftmd. These grants are funded with federal and state funds and contributions. - Appropriate $145,820 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used for roof replacement at Roanoke Academy for Math and Science. This is the tenth and final appropriation of the School Board's FY96 CMERP funding of $2,132,372. - Appropriate $5,000,000 for the Woodrow Wilson Middle School renovation project. This request will require a VPSA bond issue. The bonds will be issued in the fall of 1997 with the debt service to be equally shared with the City. - Appropriate an additional $200,000 to the School's Food Service account due to the higher level of participation in the student lunch program. This is accomplished by increasing revenue estimates in the federal food senrice receipts and cafeteria receipts, $160,000 and $15,000 respectively, and a transfer of $25,000 from the School Board Contingency account. - Appropriate $405,711 to purchase textbooks to implement new State Standards of Learning. These funds were available as a result of a $323,396 settlement with Trigon Blue Cross and an $82,315 transfer from utilities. - Transfer $102,888 from utilities to roof repairs for the Roanoke Academy for Math and Science. The decrease in utility funds is the result of savings from a milder winter and cooler summer. Honorable Mayor and Members of City Council Page 2 May 19, 1997 Board. We recommend that you concur with this request of the School ~//- Director of Finance JDG/ICF/bls Attachments c: Ila Farris, Senior Accountant ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Woodrow Wilson Middle School Renovations 6088 008-060-6088-6896-0809 Appropriation Unit ZM2 Building Renovation $ 5,000,000.00 100.0 % 006-060-6086-6896-9007 State Literary Fund Loan $ 5,000,000.00 100.0 % The above additional appropriation request will provide Literary Loan funds for the renovation of Woodrow Wilson Middle School. The previous funding requests totaling $421,963 from the 1996 Capital Bond Issue and from earnings on bond investments were made to provide for design and engineering costs. The request will require a VPSA bond issue to fund the balance of the renovation cost for the school. The bonds will be issued in the fall of 1997 with the debt service to be equally shared with the City. May 13, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST School Instructional Technology Funds 97-98 6959 030-060-6959-6002-0826 Appropriation Unit X9G School Instructional Technology $ 750,000.00 100.0% 030-060-6959-1100 State Bond Funds $ 750,000.00 100.0% ¥ State bond funds issued by the Virginia Department of Education have been made available to the Roanoke City Schools to be used for the purchase of school instructional technology equipment. One hundred percent of the program outlays will be reimbursed by the state bond funds and the program will end December 31, 1998. This is a continuing program. May 13, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Summer Youth Employment 1997 6452 030o060-6452-6449-0121 030-060-6452-6449-0201 030-060-6452-6449-0551 030-060-6452-6449-0614 030-060-6452-6549-0129 Appropriation Unit X41 030-060-6452-1102 Teachers $ 15,708.00 21.0% Social Secudty 1,201.00 1.6% Travel 7,824.00 9.0% Instructional Supplies 2,104.00 2.4% Student Participant Allowances 45,363.00 66.0% $ 72,000.00 100.0% Federal Grant Receipts $ 72,000.00 100~0% The Summer Youth Employment program for the summer of 1997 will provide training and hands-on experience for disadvantaged or handicapped youth from the inner city with the goal of enhancing employment potential, developing employment competencies, and eaming academic credit toward the high school diploma. The program will be one hundred percent reimbursed by federal funds, and it will end September 30, 1997. This is a continuing program. May 13, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia 030-060-6931-6100-0312 Appropriation Unit X90 APPROPRIATION REQUEST Project Success Program 6931 Tuition $ 13,250.00 100.0 % 030-060-6931-1103 Contribution $ 13,250.00 100.0 % The Project Success program will utilize contributions to establish a joint venture between Roanoke City Schools, area collages and area businesses. The program is designed to encourage collage preparation of eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. Students will participate in summer sessions of academic enrichment and will continue to participate in expanded activities until they graduate from the school system. This additional appropriation request represents contributions received from the pdvate sector to support the initiative. This is a continuing program. May 13, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION AND TRANSFER REQUEST Food Se~ice 030-060-6002-6661-0589 030-060-6005-6788-0602 School Board Contingency $ (25,000.00) (14.3%) Food 200,000.00 114.3% Net Transfer/Additional Appropriation 100.0% 175,000.00 160,000.00 15,000.00 030-060-6000-0712 030-060-6000-0811 Federal Food Service Receipts Cafeteria Receipts Additional Revenue $ 175,000.00 91.4% 8.6% 100.0% The additional appropriation of federal food service and cafeteria revenues to the Schools' General Fund is made to recognize the higher level of participation in the student lunch program and the resulting higher level of expenses required for food purchases. In addition, a transfer of $25,000 from the School Board Contingency account will be necessary to provide supplementary funds for food purchases. May13,1997 ROANOKE CITY SCHOOl. BOARD Roanoke, Virginia APPROPRIATION REQUEST. Capital Maintenance and Equipment Replacement Fund Request X 030-060-6006-6896-0809 Appropriation Unit ZD1 Roof Replacement $ 145,820.00 100.0% The above appropriation represents the tenth and final request for proceeds from the 1996-97 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for roof replacement at Roanoke Academy for Math and Science. The amount of the Capital Maintenance and Equipment Replacement Fund for 1996-97 is $2,132,372. The unappropriated balance of the fund after the above appropriation is $0. TRANSFER REQUEST Roanoke Academy for Math and Science Roof Repairs 030-060-6004-6681-0511 030-060-6006-6896-0809 Utilities $ (102,888.00) (100,0%) Roof Replacement 102,888.00 100.0% Net Transfer $ 0.00 0.0% The above transfer represents additional funds required for roof replacement at Roanoke Academy for Math and Science. The decrease in utility requirements is the result of savings from a milder winter and cooler summer. May 13, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Health Insurance Settlement 96-97 030-060-6001-6666-0613 Textbooks Appropriation Unit ZA1 $ 323,396.00 100.0% 030-060-6000-0726 Health Insurance Premium Refund $ 323,396.00 100.0% The supplemental appropriation of the settlement amount of the School Board's claim against Trigon Blue Cross for the policy years 1988 through 1994 will be used to purchase textbooks to implement new State Standards of Learning, The settlement check from Trigon has been received. TRANSFER REQUEST Textbooks 030-060-6004-6681-0511 Utilities $ (82,315.00) (100.0%) 030-060-6001-6666-0613 Textbooks 82,315.00 100.0% Net Transfer $ 0.00 0.0% The above transfer represents additional funds required for textbooks to implement new State Standards of Learning. The decrease in utility requirements is due to the ten pement reduction in Amedcan Electdc Power rates retroactive to July 1, 1996. May 13, 1997 Mary F. Parker, CMC/AAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File ~67-132-304-467 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, May 19, 1997, Vice-Mayor Wyatt pointed out that many parks are built around school buildings, and recommended that the City become more proactive about offering after-school recreation programs for children. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: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 MaW F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eekin Deputy City Clerk May 21, 1997 File ft67-132 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, May 19, 1997, Council Member Swain requested a report with regard to the scope of the City's tennis programs. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: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, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File f~67-132 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, May 19, 1997, Council Member Harris requested information with regard to the amount of funds spent annually on repairing vandalism in City parks. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: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, CMC/AAE c~' c~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File ft60-67-132 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to park conditions, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. On motion, duly seconded and adopted, the report was received and filed. Council Member Trout requested information with regard to the amount of funds spent on the City's parks compared with other cities in Virginia. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: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 May 19, 1997 Council Report No. 97-147 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Members of City Council: SUBJECT: Briefing Park Conditions Please reserve space on your agenda for a briefing regarding the above subject. Respectful ly, W. Robert Herbert City Manager WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works ~- © LLi 0 7 < 0 ~ o~ Y ,,~ ',~. ..,~ i~ I r',,' < ;,,- 0 < III rO 111 D" r"v · · ,~ 8 0 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE c~y c;erk Sandra H. Eakin Deputy City Clerk May 21, 1997 File #32-60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33404-051997 amending and reordaining certain sections of the 1996-97 General Fund Appropriations, providing for the transfer of $97,000.00, from City Jail Recovered Cost to Demolition of Structures, in connection with demolition of specific buildings declared by the Building Commissioner to be public nuisances and unsafe. The aboveraferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. Sincerely, SHE:sm Attachment Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance May 21, 1997 Page 2 pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 1997. No. 33404-051997. AN ORDINANCE to amend and reordain certain sections of the 1996-97 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Building Inspections (1) ................................... Jail (2) ................................................ $ 37,375,153 939,191 7,370,854 1) Demolition of Structures 2) Reimbursements (001-052-3410-7500) $ 97,000 (001-024-3310-8005) 97,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 19, 1997 Report No. 97-145 Honorable Mayor and City Council Roanoke, Virgima Dear Members of Council: Subject: Appropriation of Funds for Demolition of Unsafe Buildings I. Backeround: Dilanidated buildings determined to be public nuisances and hazards under the Virginia Building M~fmtenance Code are ordered by the Building ComnUssioner to be demolished by their owners. City pays for demohtion if property_ owners cannot be compelled to comply with the orders for various reasons, including the owners cannot be identified or located to be prosecuted in court, or are indigent. Owners of record are billed, and a lien is recorded ag~fmst the property for the costs of the demolition. Fourteen (14) such buildings have been razed by the Ci_ty thus far this fiscal year, at a cost of $96,931 in CDBG funds and $36,140 in General Funds, an average of about $9500 each. Less than $7000 is left for the balance of the fiscal year, which will be used for boarding up vacant buildings, title searches, asbestos reports, and other costs related to demolitions. II. Current Situation; Thirty-two (32) additional buildmes have been condemned by the Building Department for demolition, whose owners cannot be compelled immediately to remove them themselves because they cannot be identified or located, are indigent, cannot be served with court papers, or various other masons. Eleven (11] of these are considered to be [he moji ~ri~ieal by the Building Commassioner, due to their hazardous condition, and are ready to bid out. Several have been ordered demolished by the court. Cost of their demolition is expected to total approximately $97.000 and is ready to be put out to bid to contractors. Another five (5) are also considered critical but are not yet ready to bid out due to the need for asbestos inspections, title searches, etc. III. Issues: A. Public Safety B. Cost to the City IV. Alternatives: Transfer $97.000 from City Jail Recovered Cost. account. #001-024-3310-8005. to Demolition. account//001-052-3410-7500: and authorize the City Manaeer to execute individual contracts for the demolition of specific buildines declared by the Building Commissioner to be public nuisances and unsafe under the Building Maintenance Code. May 19, 1997 Page Two Public safe _ty will be enhanced by the expeditious removal of eleven (11) hazardous buildings and public nuisances. Cost to the City initially will be $97,000. However, because of the billings and liens referenced above, some portion of this cost may be recovered eventually from the property owners or upon sale of the properties. B. Do not annronriate additional funds for the demolition of identified public nuisances. Public safety would be jeopardized by continuation of imminently hazardous conditions, until additional appropriations for demolitions become available in July. Those funds will be expended on these buildings early in fiscal year 1997-98, leaving none available to remove other buildings needing demolition. Cost to the City would be delayed until July 1. the new budget year, when additional CDBG and General Funds that may be appropriated will become available. Those funds will also be depleted quickly by the demolition of already identified unsafe buildings. In addition, the continuation of hazardous conditions present the possibility of additional costs to the City through police and fire protection activities, and decrease in values of nearby properties. V. Recommendation: Approve Alternative A. thereby transferring $97,000 from City Jail Recovered Cost, account #001-024- 3310-8005, to Demolition, account #001-052-3410-7500; and authorizing the City Manager to execute individual contracts for the demolition of specific buildings declared by the Building ComnUssioner to be public nuisances and unsafe in accordance with the Virginia Building Maintenance Code. WRl-Uhdp(ce:demo5 -97.reo0 Assistant City Manager City Attorney Director of Finance Director of Public Works Building Comnnssioner Housing Development Coordinator Respectfully submitted, W. Robert Herbert City Manager MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cit> Clc~k May 21, 1997 File ~67-169-317-416 Joanne M. Kuebler Executive Director Art Museum of Western Virginia One Market Street, S. W. Roanoke, Virginia 24011 Dear Ms. Kuebler: I am enclosing copy of Resolution No. 33405-051997 authorizing execution of an agreement with the Art Museum of Western Virginia to provide for the 1997 Sidewalk Art Show. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Joanne M. Kueblsr May 21,1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Shauna Hudson, Special Events Coordinator James J. Newman, Business Coordinator, Parks and Recreation Kenneth S. Cronin, Manager, Personnel Department Glenn A. Asher, Risk Management Officer IN TI-IE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 1997. No. 33405-051997. A RESOLUTION authorizing the execution of an agreement with the Art Museum of Western Virginia for the annual sidewalk art show. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and City Clerk are authorized to execute and attest, respectively, an agreement with the Art Museum of Western Virginia to provide for the 1997 Sidewalk Art Show as more particularly described in the City Manager's report to this Council dated May 19, 1997. 2. The agreement which shall be substantially as set forth in the attachment to the City Manager's report to this Council shall be approved as to form by the City Attorney. ATTEST: City Clerk. May 19, 1997 Council Report #97-146 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Art Museum of Western Virginia, 1997 Sidewalk Art Show Contract I. BACKGROUND: The Art Museum of Western Virginia conducts an annual outdoor art show in the City. City suPPort is required since the Art Museum's show is conducted on the streets and sidewalks in the City Market area. Ce A one (1) year contract was negotiated in 1996 that covered the obligations by both the Art Museum and the City. II. CURRENT SITUATION: A. The 1996 Contract between the Art Museum and the City has expired. Be 1997 Sidewalk Art Show is scheduled to begin on Saturday May 31, 1997 and conclude Sunday, June 1, 1997. Ce The DroDosed Contract (attached) retains the City support to provide various transportation, setup and takedown functions, while being reimbursed for the direct costs of these functions. De Existence of a Contract with the City will permit the Art Museum to be exempt from license tax for the Art Show activities, as specified in the City Code, Article III, Chapter 19. Honorable Mayor and Council Members 1997 Sidewalk Art Show Contract May 19, 1997 Council Report #97-146, Page 2 III. A. Staff Suooort B. Leaal C. Timing IV. ALTERNATIVES: City Council authorize Contract to be approved as to form bY City Attorney and sianed bv City Manaaer. Support by various City Departments will be committed to the Sidewalk Art Show, Inc. LeGal authority is vested in Council to enter into a Contract with the Art Museum of Western Virginia. Timinq of the signing is critical since the 1997 Sidewalk Art Show is set to open May 31, 1997. B. City Council not authorize Contract to be approved as to form by City Attorney and signed by City Manaqer. Staff support by various City Departments will not be committed to the Sidewalk Art Show, allowing staff to be utilized on other projects. LeGal authority vested in Council to enter into a Contract is moot. 3. Timinq of the 1997 Sidewalk Art Show will be unaffected· Honorable Mayor and Council Members 1997 Sidewalk Art Show Contract May 19 1997 Council Report #97-146, Page 3 Ve RECOMMENDATION is that City Council concur with Alternative "A", and Authorize the City Manager to execute a Contract for the 1997 Sidewalk Art Show with the Art Museum of Western Virginia in form approved by the City Attorney. Respectfully submitted, WRH/jjn Attachment cc: W. Robert Herbert City Manager city Attorney Director of Finance Director of Public Works Director of Public Safety Manager, Parks & Recreation Business Coordinator, Parks & Recreation Parks & Grounds Superintendent, Parks & Recreation City Risk Management Officer Special Events Coordinator, Parks and Recreation AGREEMENT THIS AGREEMENT is made this day of , 1997, between the CITY OF ROANOKE, VIRGINIA ("City") and ART MUSEUM OF WESTERN VIRGINIA, a Virginia non-stock corporation ("Licensee"). WHEREAS, Licensee has, for several years, operated The Sidewalk Art Show ("Event") which benefits the residents of the Roanoke Valley by enhancing the cultural and social opportunities available in the area; and WHEREAS, Licensee intends to continue to promote the Event during the current fiscal year; and WHEREAS, City has, in the past, provided in-kind support to Licensee; and WHEREAS, the parties to this Agreement desire to formalize the arrangement between City and Licensee with respect to the Event. W I TNE S S E TH: IN CONSIDERATION of the mutual covenants contained in this Agreement, City and Licensee agree as follows: 1. Term: This agreement shall commence on the date indicated above and, unless terminated in accordance with the provisions of this Agreement, shall extend until June 30, 1997. 2. Event: Event shall be defined as the marketing of finished works of art to the public on May 31, 1997, and June 1, 1997, in the area described in Paragraph No. 2 of the Assembly Permit issued to the Docent Guild of the Art Museum of Western Virginia. Works of art shall include paintings, sketches, photographs and sculpture. SuDDort: The City shall pledge to Licensee to provide labor and equipment to transport art displays from storage, set up such displays where instructed prior to the Art Show, take down displays at the conclusion of the show, and transport displays back to storage. Licensee agrees to reimburse the City within ten (10) days after discussions with the City and Licensee's receipt of an invoice detailing charges and expenses claimed. In return for its support of the Event, the City shall receive name recognition as Event. The City reserves the right to a contributor to the decline any specific requested support. If, in the sole opinion of the Manager of the Parks and Recreation Department, the request cannot be fulfilled without disrupting City operations, the request may be declined or modified to an impact level which is acceptable to the City. Accountinq Related to Event: Licensee shall provide the following information to the City Clerk no later than July 21, 1997: A complete certified statement setting forth all gross receipts, expenses, and net revenues, including underwriting and contributions for the Event. Taxes: Licensee shall pay all applicable taxes and fees imposed by all federal, state and local laws and ordinances. 2 City Representatives: The Special Events Coordinator, or the person serving in such capacity, shall be designated to serve as the City's representative to the Event. This representative will serve as coordinator between the City and Licensee, expediting all requests. Provision of Information: Licensee shall provide the City with the name, address, and telephone number of all vendors, as well as the nature of the service that they are providing, whose address is within the Roanoke City limits. Such information shall be provided to the Commissioner of the Revenue, 215 Church Avenue, S.W., Roanoke, Virginia 24011, as soon as practical, but no later than June 16, 1997. Any vendor information supplied to the City shall be held as confidential, to the extent permitted by law, and shall be utilized only for official City business. Insurance: Licensee shall obtain and maintain, until the conclusion of the last day of the Event, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and One Million Dollars ($1,000,000.00) aggregate, One Million Dollars ($1,000,000.00) products-completed operations, One Million Dollars ($1,000,000.00) personal and advertising injury, Fifty Thousand Dollars ($50,000.00) fire damage, and Five Thousand Dollars ($5,000.00) medical payments. The policy shall be an "occurrence" type policy from an insurance company licensed to do business in the State of Virginia with a Best Rating of A or better. Licensee shall obtain and maintain workers' compensation in statutory limits as required by state law. Workers' compensation coverage shall contain a waiver of subrogation in favor of the City. If any organization co- sponsors with Licensee any activity concurrently with the Event, such co-sponsoring organization shall provide the City with proof of commercial general liability insurance of at least One Million Dollars ($1,000,000.00) for the co-sponsored event. Licensee and any co-sponsoring organization shall name the City, its officers, agents, employees and volunteers as additional insureds as their interests may appear on the appropriate liability policies. prior to the commencement of the sponsors shall furnish to City At least thirty (30) days Event, both licensee and co- certificates evidencing the required insurance coverage and expressly providing that such coverage shall not be canceled or materially altered except after thirty (30) days prior notice to City. All insurance correspondence shall be sent to the City of Roanoke, c/o Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia, 24011. Indemnification and Allocation of Risk: Licensee agrees to be responsible for and pay, indemnify and hold harmless City, its officers, agents, employees and volunteers against any and all loss, cost or expense, including reasonable attorneys' fees, and other costs of defense, resulting from any claim or legal action of any nature whatsoever, whether or not reduced to a 4 10. judgment,'for any liability of any nature whatsoever that may arise against City in connection with the Event or in connection with any of the rights and privileges granted by City to Licensee in this Agreement, including, without limitation, personal injury, wrongful death or property damage claims, any patent, trademark, franchise, copyright, libel or defamation claim or suit, any claim or suit based upon Licensee's or Licensee's agents', servants', employees', volunteers', vendors' or invitees' intentional or negligent acts or omissions, and any claims, fines or penalties resulting from improper use, storage, release or disposal on City property of any substance regulated under any federal, state or local law, regulation or ordinance; except that Licensee shall not indemnify City for any liability or expense which results solely from the City's, its employees' or agents' own acts or omissions. Licensee specifically agrees to indemnify and hold City harmless from any and all claims, losses or expenses, including reasonable attorney's fees, incurred with regard Event. Transporting Property: to copyrighted materials during the Transporting of equipment or. property by City for Licensee shall be at the Licensee's sole expense and risk. Licensee agrees to hold City harmless for any damage to or loss of any equipment or property transported in accordance with this paragraph. 5 11. Compliance with Laws and Regulations: Licensee shall comply with all laws, ordinances and regulations adopted or established by federal, state or local governmental agencies or bodies and with all applicable City rules and regulations, and Licensee shall require that its agents, employees, contractors or subcontractors do likewise. 12. Licenses and Permits: Licensee shall pay promptly all applicable taxes and fees and obtain all licenses or permits as required by federal, state or local laws and ordinances and Licensee shall provide evidence of compliance with such federal, state and local laws and ordinances upon demand therefor by City. 13. Action in Public Interest: Licensee agrees that it is the policy of City to serve the public in the best possible manner and Licensee agrees that it, its employees and agents shall at all times cooperate with City in effecting this policy and maintaining the public faith. 14. Agreement to Quit Premises; Damage to Premises: Licensee agrees to quit all City property at the conclusion of the Event and to leave all City property in the same condition as at the commencement of the Event, ordinary wear and tear excepted. After discussing the matter with the City's representative and, if requested, with the City Manager, Licensee shall pay on demand to City in cash the full cost of repairing to good condition or restoring to good condition any City property reasonably deemed by City to have been damaged 6 15. 16. 17. as a result property. Assiqnment: or interest of or arising out of Licensee's use of the Licensee shall not assign or transfer any right under this Agreement, including, without limitation, the right to receive any payment, without City's prior written approval of satisfactory evidence of such assignment and Licensee agrees that any such assignment without prior written approval of City shall be null and void. Notice: Notice to City required or permitted by this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, to City of Roanoke, Department of Parks and Recreation, c/o Special Events Coordinator, 210 Reserve Avenue, S.W., Roanoke, Virginia 24016. Notice to Licensee required or permitted by this Agreement shall be hand-delivered to 1 Market Square, S.E., Roanoke, Virginia 24011, or sent by certified mail, return receipt requested, to Licensee at 1 Market Square, S.E., Roanoke, Virginia 24011. Notice mailed in accordance with this paragraph shall be deemed received upon mailing. Relationship to Other Parties: the provisions of any part of It is not intended by any of this Agreement to confer a benefit upon any other person or entity not a party to this Agreement or to authorize any person or entity not a party to this Agreement to maintain a suit pursuant to the terms or provisions of this Agreement, including, without limitation, 7 18. any claim or suit for personal injuries, loss of profits or expenses. Non-Discrimination: In the performance of Licensee shall not discriminate against property damage or this Agreement, any contractor, subcontractor, sublessee, employee, applicant for employment or invitee because of race, religion, color, sex or national origin except where race, religion, color, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Licensee. 19. Termination of Agreement: Either party may terminate this Agreement upon thirty (30) days written notice to the other party. In the event of such termination, the City shall not be obligated to reimburse Licensee for any costs incurred after the effective date of such termination notice. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By Its ATTEST: ART MUSEUM OF WESTERN VIRGINIA Secretary By Its Executive Director Approved as to form: Approved as to execution: Assistant City Attorney Assistant City Attorney May 19, 1997 Council Report ~97-148 Honorable Mayor and Members of city Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Amendment to Roanoke Festival in the Park, Inc. three (3) year Contract I. BACK~ROUND: ae Roanoke Festival in the Park, conducts the largest annual outdoor event in the City. 1997 will be its 28th year. Substantial City exposure occurs in the Park is operated almost City property. since Festival exclusively on A three (3) year Contract was negotiated in 1996. It covered the 1996 Festival, and is also in effect for the 1997 and 1998 Festivals. II. CURRENT SITUATION: Durinq 1996 Festival in the Park, an incident occurred which resulted in legal action by an individual claiming violation of constitutional rights. City Attorney believes that in light of the 1996 incident, the interests of the City can be better protected. Insurance covering claims arising out of alleged constitutional violations is not easily available in the marketplace. Strenqtheninq of indemnification claus~ in the current Contract should serve to reduce the City's exposure, should another incident occur. E. 1997 Festival in the Park is scheduled to begin on May 23, 1997. Honorable Mayor and Council Members Amendment to Festival in the Park Contract May 19, 1997 Council Report #97-148, Page 2 III. ISSUES~ A. Financial Exposure B. Leaal C. Timina IV. /%LTERNATIVES: A. City Council authorize Contract Amendment to be Be approved as to form bv City Attorney and siqned by City Manager. Financial exnosure to the City would be lessened should an incident similar to that which occurred in 1996 happen again to the extent that Festival in the Park stands behind its contractual obligations to indemnify the City. Legal authority is vested in Council to amend existing Contract with Festival in the Park, Inc. Timin~ of the signing is critical since the 1997 Festival in the Park is set to open May 23, 1997. City Council not authorize Contract Amendment to be approved as to form by City Attorney and sianed bv City Manager. Financial exposure to the City would not be lessened should an incident similar to that which occurred in 1996 happen again to the extent that Festival in the Park stands behind its contractual obligations to indemnify the City. Legal authority vested in Council to amend a Contract is moot. 3. Timing of the 1997 Festival in the Park will be unaffected. Honorable Mayor and Council Members Amendment to Festival in the Park Contract May 19, 1997 Council Report #97-148, Page 3 Ve RECOMMEND~TION~ City Council concur with Alternative Authorize City Manaqer to execute the Contract Amendment with Festival in the Park in form approved by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager WRH/jjn Attachment cc: City Attorney Director of Finance Director of Public Works Director of Public Safety Manager, Parks & Recreation Business Coordinator, Parks & Recreation Recreation Superintendent, Parks & Recreation Parks & Grounds Superintendent, Parks & Recreation City Risk Management Officer Chief, Billings and Collections Special Events Coordinator, Parks and Recreation Wendi Schultz, Festival in the Park AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY OF ROANOKE AND ROANOKE FESTIVAL IN THE PARK 19 and THIS AMENDMENT entered into this day of __, by and between the following parties: City of Roanoke (herein called the "City") 215 Church Avenue, S.W. Roanoke, Virginia 24011 Roanoke Festival in the Park (herein called "Licensee") P.O. Box 8276 Roanoke, Virginia 24014. WHEREAS, the City and Licensee have, by Agreement dated May 23, 1996 ("Agreement"), contracted for the operation of Festival in the Park which benefits the residents of the Roanoke Valley by attracting tourism to the City and surrounding areas; and WHEREAS, the parties to this Agreement desire to amend tile Agreement: NOW, THEREFORE, tile City and Licensee do mutually agree to amend the Agreement by the following and no other: 10. Insurance: Licensee shall obtain and maintain, until the conclusion of the last day of the Event, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate to include Five Thousand Dollars ($5,000.00) medical payments. The policies shall be "occarrence" type pollcies from an insurance company or companies licensed to do business in the State of Virginia with a Best Rating of A or better. Licensee shall obtain and maintain workers' compensation in statutory limits. Licensee shall obtain and maintain Employer's liability insurance in the following amounts: $100,000.00 (each accident/injury); $500,000.00 (each employee/disease) and $100,000.00 (disease policy limit). Workers' compensation and employers' liability coverages shall contain a waiver of subrogation in favor of the City. If any organization co-sponsors with Licensee any race, athletic tournament or similar sporting activity concurrently with tile Event, such co-sponsoring organization shall provide the City with proof of commercial general liability insurance of at least One Million Dollars ($1,000,000.00) for the co-sponsored event. Licensee and any co-sponsoring organization shall name the City, its officers, il. agents, employees and volunteers as additional lnsureds as their interests may appear on the appropriate liability policies. At least thirty (30) days prior to the commencement of each year's Event, both Licensee and co-sponsors shall furnish to City certificates evidencing the required insurance coverage and expressly providing that such coverage shall not be canceled or materially altered except after thirty (30) days prior notice to Ci. ty. All insurance correspondence shall be senL to the City of Roanoke, c/o Risk Management Officer, Room 506, Municipal Building North, Roanoke, Virginia, 24011. Indemnification and Allocation of Risk: Licensee agrees and binds itself and its successors and assigns to be responsible for, indemnify, and keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability, loss, cost or expense, including reasonable attorneys' fees and other costs of defense, resulting from any claim or legal action of any nature whatsoever, whether or not reduced to a judgment, on account of any injury or damage of any type to any person or property, including, without limitation, personal injury, wrongful death or property damage claims, any patent, trademark, franchise, copyright, libel or defamation claim or suit, deprivation of civil or constitutional rights, or any claim or suit based upon Licensee's or Licensee's agents', servants', employees', volunteers' performers', or invitees' intentional or negligent acts or omission, and any claims, fines or penalties resulting from improper use, storage, release or disposal on City property of any substance regulated under any federal, state or local law, regulation or ordinance, growing out of or directly or Jndirectly resulting from (a) any act or omission of Licensee, its officers, employees, agents, volunteers, representatives, and performers, including Licensee's use of the streets of the City, Elmwood Park, or other public property, (b) Licensee's conducting tile Event, (c) the exercise of any right or privilege granted by or under this Agreement, or (d) the failure, refusal or neglect of Licensee, its officers, employees, agents, volunteers, representatives, and performers, to perform any duty imposed upon or assumed by Licensee by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Licensee on account thereof, Licensee, upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will either make arrangements for defense of the City's interests and those of its officers, employees, agents, volunteers or representatives, or pay all costs of defending the City and any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding, the decision to provide said defense or indemnification for defense-related costs to be in the sole discretion of the City. In the event of any settlement or any final judgment being awarded against the City or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with Licensee, then Licensee will pay such settlement or judgment in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City and any of its officers, employees, agents, volunteers or representatives harmless therefrom. The preceding notwithstanding, Licensee shall not indemnify City for any liability or expense which results from the City's, its employees' or agents' own acts or omissions. Licensee specifically agrees to indemnify and hold City, and its officers, employees, agents, volunteers and representatives, harmless from any and all claims, losses or expenses, including reasonable attorney's fees, incurred with regard to performance of copyrighted materials from the Event. The Agreement dated May 23, 1996, shall remain unchanged in all other terms and provisions. IN WITNESS WIIEREOF, the City and Licensee have executed this Amendment as of the date first written above. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By Its WITNESS: ROANOKE FESTIVAL IN THE PARK By Its Approved as to form: Approved as to execution: Assistant City Attorney Assistant City Attorney May 19, 1997 Council Report No. 97-148 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Amendment to Contract - Festival-In-The-Park Please reserve space on your agenda the above subject. WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works for a report regarding Respectful ly, W. Robert Herbert City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION authorizing the City Manager to execute an amendment to the three-year agreement with Roanoke Festival in the Park, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amendment to the three-year agreement with Roanoke Festival in the Park, Inc., authorizing the City to grant credit up to $45,000.00 per year for use by such organization for festival activities to be held in 1996, 1997, and 1998, pursuant to Resolution No. 32946-052096, adopted May 20, 1996, said amendment to be substantially similar in form to the amendment attached to the City Manager's report dated May 19, 1997, to this Council. 2. The form of the amendment shall be approved by the City Attorney. ATTEST: City Clerk. Mary F. Parker, CMCIAAE C~y C~erk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~ty Clerk May 21, 1997 File f~60-217-468-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33406-051997 amending and reordaining certain sections of the 1996-97 Water Fund Appropriations, providing for appropriation of $120,000.00, from the Water Fund for Capital Outlay accounts, new services, hydrants and lines, and Unidentified Plant Replacement. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 1997. No. 33406-051997. AN ORDINANCE to amend and reordain certain sections of the 1996-97 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Capital Outlay from Revenue (1-2) ............................. Retained Earninqs Retained Earnings - Unrestricted (3) ........................... 1) New Services, Hydrants and Lines (002-056-2178-9025) $ 95,000 2) Unidentified Plant Replacement (002-056-2178-9026) 25,000 3) Retained Earnings- Unrestricted (002-3336) (120,000) $ 778,893 $28,262,970 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia May 19, 1997 Report No. 97-334 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Water Fund Appropriations for Capital Outlay Accounts, New Services, Hydrants, Lines and Unidentified Plant Replacement Demand for new services, hydrants= and water lines created by significantly greater commercial construction has exceeded budget expenditure estimates. Revenue received for new services has to date exceeded the budget estimate by ~6~. Carvins Cove upgraded chemical equipment (e.g. pumps, valves~ lines} and electronic equipment for Supervisory Control and Data Acquisition System (S.C.A.D.A.) has required a higher level of maintenance upon startup than anticipated. Electrical storms have also significantly impacted the S.C.A.D.A. system and has required costly corrections. March 31, 1997 Water Fund Ac..colJnt New Services: Hydrants and VV~3t. eL[.JJ:tes shows an annual expenditure rate of ~ is necessary to meet operating needs against an initial annual appropriation of ~i267+565J~, a difference of ~q~5..OQO. Unidentified ~ shows an annual expenditure rate of ~ is necessary to meet operating needs against an initial appropriation of ~.2LIB.328J30, a difference of ~ZSJ3DO. ~ appropriated in the FY 97 budget from Retained Earnings to cover over expenditures needed through June 30, 1997 based on best available estimate of the spending rate during that period. A. Need Council authorize the appropriation of ~120~000.00 from Water Fund previous years retained earnings: J~%5,DDDJ3~ to Water Fund Account 002-0,56-2178-9025, New Services, Hydrants and Lines and ~ to Water Fund Account 002-056-2178-9026, Unidentified Plant Replacement. 1. N~.~.d for funding to cover anticipated costs will be met. 2. ELU~dJI:Lg is available in Water Fund retained earnings. ~ of funds required through the current fiscal year will be met. Council not authorize, the appropriation of ~120~000.00 from Water Fund previous years retained earnings: ~ to Water Fund Account 002-056-2178-9025, New Services, Hydrants and Lines and ~ to Water Fund Account 002-056-2178-9026, Unidentified Plant Replacement. 1. Need for the funding to cover anticipated costs will not be met. 2. ELmdJQg source would not be utilized. Timing of funds required through the current fiscal year would not be met. Recommend that City Council concur in Alternative "A" by appropriating ~L12Q.J:~)DJ3D from Water Fund previous years retained earnings with ~95+0DD~:)D to Water Fund Account 002-056-2178-9025, and ~Z5+0DDJ3D to Water Fund Account 002-056-2178-9026. Respectfully submitted, W. Robert Herbert City Manager KBK/JHP,Jr./je CC: City Attorney Director of Finance Director of Utilities & Operations Manager, Water Department City Clerk Miry F. Parker, CMCIAAE C~y Cbrk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File #5-60-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33407-051997 amending and reordaining certain sections of the 1996-97 Grant Fund Appropriations, providing for appropriation of $135,766.00 from the Local Law Enforcement Block Grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Attachment James D. Grisso Director of Finance May 21, 1997 Page 2 pc: The Honorable Donald S. Caldwell, Commonwealth's Attorney John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief, Police Department William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 1997. No. 33407-051997. AN ORDINANCE to amend and reordain certain sections of the 1996-97 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1996-97 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ 1,943,740 Local Law Enforcement Block Grant (1-3) ........................ 135,766 Revenue Public Safety $ 1,943,740 Local Law Enforcement Block Grant (4-6) ........................ 135,766 1) Expendable Equipment 2) Training and Development 3) Other Equipment 4) Federal Grant Receipts 5) Local Match 6) Interest Revenue $ 75,000 (035-050-3308-2035) (035-050-3308-2044) 35,766 (035-050-3308-9015) 25,000 (035-035-1234-7232) 120,294 (035-035-1234-7245) 13,366 (035-035-1234-7238) 2,106 BE IT FORTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia May 19, 1997 Council Report #97-405 Dear Mayor Bowers and Members of Council: Subject: Local Law Enforcement Block Grant I. Background: The U. S. Department of Justice Local Law Enforcement Block Grant Program was announced in 1996 to support crime prevention programs involving cooperation between community residents and law enforcement. The Virginia Crime Prevention Association evaluated the Roanoke City Police Crime Prevention Unit in 1996 to identify areas for improvement. That study recommended that Crime Prevention be organizationally moved from the Youth Bureau to the Planning Unit to improve service delivery and citizen access to crime prevention expertise. That recommended organizational change was made in late 1996. The study also recommended that application be made for a crime prevention grant. On October 7, 1996, through resolution No. 33143-100796, City Council authorized the City Manager to sign appropriate documents for applications to the Local Block Grant Program for funds in the amount of $120,000.00, with the City providing a local match of $13,366.00. Federal funds from this grant in the amount of $120,294.00 were received by the City Treasurer and have been deposited into revenue account number 035-035-1234-7232. On February 4 1997 the Department of Justice authorized the city of Roanoke to use these funds, after review of reports concerning the special conditions of this grant,. II. Current Situation: Funds available for appropriation total $135,766 and should be appropriated. This amount includes the grant amount of $120,254, the local match of $13,366 and interest accrued of $2,106. Local match funds are available in Police Department's Federal Asset Forfeiture Account. A grant advisory_ board of citizens and public officials was developed, including public solicitation for participation. Although the grant requirements specified representation from a number of public offices, local nonprofit and community group representation on the board was expanded beyond those requirements. A list of the advisory board members is Attachment 1. The grant advisory_ board, through a public process, developed recommendations for the use of these crime prevention funds. III. IV. D. Crime Prevention programs and enhanced ability to deal with juvenile offenders lead the list of recommended uses for these funds. A listing of the top five priorities developed by the advisory board is Attachment 2. Issues: A. Need B. Funds Availability Alternatives A. City Council appropriate a total of $135,766 to grant fund revenue and expenditure accounts to allow funding to be expended in accordance with applicable city purchasing requirements and Federal grant requirements. Transfer $13,366 for local match from the Federal Asset Forfeiture account number 035-050-3304-2150 to grant fund account number 001-004-9310-9535. 1. Need exists to provide equipment, training, and program development for crime prevention activities city wide. 2. Funds availability will be addressed by this council action. B. City Council not authorize expenditure of these funds, returning grant funds with interest to the Department of Justice while recovering the local match amount. 1. Need for equipment, training, and program development for crime prevention will not be met. 2. Funds will not be available from the Local Law Enforcement Block Grant. Recommendation is that Council approve alternative "A" to accept funds from the Local Law Enforcement Block Grant. A. Appropriate $135,766 to the following grant fund accounts: Expendable Equipment Training and Development Capital Outlay/Other Equip. 035-050-3308-2035 035-050-3308-2044 035-050-3308-9015 B. Increase the following grant fund estimates: Federal Grant Receipts Local Match Interest Revenue 035-035-1234-7232 035-035-1234-7245 035-035-1234-7238 $75,000 $35,766 $25,000 $120,294 $ 13,366 $ 2,106 $135,766 Transfer $13,366 from the Federal Asset Forfeiture account 035-050-3304-2150 to transfer to the Local Law Enforcement Block Grant account number 001-004-9310-9535 as a local match. Authorize unexpended grant funds to continue to draw interest in accordance with grant requirements. Respectfully submitted, W. Robert Herbert City Manager WRH:MDH/sdh cc: City Manager Director of Finance Director of Administration/Public Safety Chief of Police Roanoke Neighborhood Partnership Superintendent of Schools Executive Director, Roanoke Housing Authority Commonwealth's Attorney Chief Judge Juvenile & Domestic Relations Court Attachment 1 Grant Board Roster Mr. Gary L. Conway Court Services Director 23-A Court Service Unit 309 3rd St. SW P.O. Box 112 Roanoke, VA 24002 (540) 981-2615 FAX(540) 981-1589 Mr. Martin Jeffrey NAACP P.O. Box 2868 Roanoke, VA 24001-2868 (540) 345-6781, ext. 372 Ms. Wanda DeWease Assistant Commonwealth's Attorney Office of the Commonwealth's Attorney 315 Church Ave. SW Roanoke, VA 24016 (540) 981-2626 Mr. Chris Chitmm Roanoke Neighborhood Partnership 215 Church Ave. SW Room 162 Roanoke, VA 24011 (540) 853-1442 Ms. Ann Harman Executive for Student Services Roanoke City Schools 40 Douglas Ave. NW Raonoke, VA 24012 (540) 853-1393 Ms. MercedesJames Roanoke Academy 1122 19th St. NW Roanoke, VA 24017 (540) 853-2751 Mr. Joe Nash Wasena Neighborhood Alliance 1202 Kerns Ave. SW Roanoke, VA 24015 (540) 985-6808 Mr. Don Thorne R.A.D.A.R. 2222 Cantle Lane SW Roanoke, VA 24012 (540) 774-6997 Lt. Bill Althoff Planning Unit Roanoke City Police 309 3rd St. SW Roanoke, VA 24011-1599 (540) 853-2337 FAX(540) 853-1691 Attachment 2 Page 1 Crime Prevention Block Grant Advisory Board Recommendations Technology for Crime Prevention Unit Laptop computer (with/and) FAX for Crime Prevention Unit. To be equipped with software for producing visuals & slide shows, producing brochures, etc. Personal Computer for Crime Prevention Unit with: send/receive FAX; scanner; printer; sof~ware. For sending announcements to (a) businesses, (b) media, or (c) neighborhood organizations. Computer would be set up to dial lists of FAX #s and send information such as suspect descriptions or press releases. $3849.27 plus approx. $150.00 for dedicated phone line set up & installation. FAX machines for any neighborhood organization that needs one and will maintain it. Proper style would be that which would switch automatically offofa regular phone line, that the organization not be forced into paying for another phone line. Potentially, combination answering machine & FAX. Training: To Include: Youth Violence Prevention Seminar, contracted instruction by National Crime Prevention Council. 3-day: pay for training & lunches, drawing together police, schools, community leaders, advocates, probation, etc. Include youth representation. Structure ai~ernoon of final day to promote interaction and/or develop action plans. "Scholarships" for additional police training on crime prevention topics. For specialized training at (primarily) outside locations. Enhanced formal Crime Prevention Training for all officers; along the line of the State Police effort to have all troopers trained to the level of "Crime Prevention Specialist." If possible, make this joint training with other city officials and interested citizens, promoting cooperation & understanding. Attachment 2 Page 2 Crime Prevention Materials: including videos, brochures, library resources; for citizens, neighborhood groups, or officers. Neighborhood Crime Watch Support Materials: Information support and information exchange, possibly to include time (hours) to distribute. Pay for development and publication of a brochure or small booklet describing noise and street disorder violations, describing the ordinances. Useful to PD or to any neighborhood group who continually fields questions about "What should I do if my neighbor..." D.A.R.E. Supplies: Awards, prizes, graduation supplies; materials for the DARE Camp. Two-way interactive video for juvenile intake officers; allowing them to "meet" with the child directly from home without coming personally to juvenile intake. System would need to include a laptop with modem; FAX capability for sending and receiving detention orders and other documents. Such systems have court approval and would speed the initial detention hearing during evenings and weekends. 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 May 21, 1997 File ~r27 Bryant Electric Co., Inc. Alex E. Paris Contracting Co., Inc. W. L Hailey and Co., Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 33408-051997 rejecting all bids for the Roanoke River Interceptor Sewer Replacement Contracts A and/or B to replace part of the existing interceptor sewer from the Water Pollution Control Plant to the Salem City limits. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Bryant Electric Co., Inc. Alex E. Paris Contracting Co., Inc. W. L. Hailey and Co., Inc. May 21, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue 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 Phillip C. Schirmer, Project Engineer Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Monitor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 1997. No. 33408-051997. A RESOLUTION rejecting all bids for the Roanoke River interceptor Sewer Replacement Contracts A and/or B to replace part of the existing interceptor sewer from the Water Pollution Control Plant to the Salem city limits. BE IT RESOLVED by the Council of the City of Roanoke that: 1. All bids received by the City for the Roanoke River Interceptor Sewer Replacement Contracts A and/or B to replace part of the existing interceptor sewer fi'om the Water Pollution Control Plant to the Salem city limits, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in the scope of the project or the procurement documents deemed advisable and to cause the revised project to be readvertised for bids. ATTEST: City Clerk. May 19, 1997 Council Report No. 97- 144 Honorable Mayor and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS A & B BID NO. 97-2-83 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. ully submitted/~ J~2.~;rr~tt, Chairman · Kit B. Kiser JHP/PCS/kh Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS A & B BID NO. 97-2-83 Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Tuesday, April 8, 1997, at 2:00 p.m. COMPANY CONTRACT BASE BID ALT. NO. 1 Alex E. Paris Contracting Co., Inc. A & B $16,695,558 $17,296,707 W. L. Hailey and Company, Inc. A & B 19,647,565 19,632,960 Bryant Electric Company, Inc. A & B 20,570,483 21,502,673 Alex E. Paris Contracting Co., Inc. A 7,622,268 7,890,493 W. L. Hailey and Company, Inc. A 10,389,492 10,310,845 Bryant Electric Company, Inc. A NO BID NO BID Alex E. Paris Contracting Co., Inc. B 9,137,738 9,395,563 W. L. Hailey and Company, Inc B 10,283,090 10,206,688 Bryant Electric Company, Inc. B 11,998,154 12,499,877 Estimated Cost: Contract A Contract B Contracts A & B 8,346,010 9,430,266 17,699,824 Office of the City Engineer Roanoke, Virginia May 19, 1997 May 19, 1997 Council Report No. 97-144 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS A & B BID NO. 97-2-83 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/PCS/kh Attachment: Bid Committee Report City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue May 19, 1997 Council Report No. 97-144 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS A & B BID NO. 97-2-83 Backoround on the subject in chronological order is as follows: Roanoke River Interceptor Sewer Reolacement Proiect is Dart of the renovatiorl and expansion of ioint use sewer facilities considered by City Council at its meeting of December 13, 1993. Fundino in the amount of $15.7 million was aoDroved bv Council action on December 13, 1993, to support the City's share of the $41.5 million project. The funding is from the proceeds of a general obligation bond issue. The Roanoke River Interceotor Sewer Reolacement Proiect reDlac~8 the existinq interceotor sewer from the Water Pollution Control Plant to Salem city limits, a distance of approximately 8.93 miles. Contracts A & B cover aDeroximatelv 5.10 miles or more than one half of the total project length. II. C~rrent situation is as follows: The oroiect was advertised for bids with two alternate Pipe materials, prestressed concrete cylinder pipe (PCCP), and reinforced concrete pipe (RCP). The oroiect was advertised for bids as two separate contracts. Contract A and Contract B. Each contract included approximately the same amount of work. Bidders had the option of bidding both Contracts A & B together or as individual contracts. The allowable time for all contracts is 540 calendar days. Proiect was advertised on March 1. 1997. and bids were oubliclv ooened and read aloud bv D. Darwin RouDe. Manaoer of SUDDIV Manaoement. on APril 8. 1997. Sixteen (16) bids were received for the various project alternatives, with Alex E. Paris Contracting Co., Inc., submitting the apparent Iow bid in the amount of ~16.695.558 for the combined Contracts A & B. Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS A & B BID NO. 97-2-83 May 19, 1997 Page 2 The Iow bid was 5.6 percent below the enaineer's estimate of $17.699.824 for this seament. Current available funding for the entire Roanoke River Interceptor Project is $16,012,295. The Iow bidder submitted a claim of an omission error in the bid within two daYS of the bid ooenino. The second ranked bid is $19.448.583, which is 9.9 percent greater than the engineer's estimate. III. Issues in order of importance are as follows: B, C. D. Compliance of the bidders with the reouirements of the contract documents Cost Fundino Schedule IV. Alternatives in order of feasibility are as follows: Reiect all bids. re-desion elements of the oroiect to reduce CO,;tS, and readvertise for bids at a later date. Compliance of the bidders with the reouirements of the contract documents will not be an issue. Cost of the project may be reduced by reducing project scope and re- engineering. Fundino will remain available in STP Expansion Bonds 1994 (003-056- 8465). 4. Schedule for the project will be delayed by approximately 60 days. Award a unit price contract with a bidder based upon a neootiated scope of work and cost, Compliance of the bidders with the reouirements of the contract documents could be argued as being questionable. Negotiation of a Honorable Mayor and Members of City Council BID COMMITTEE REPORT ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT CONTRACTS A & B BID NO. 97-2-83 May 19, 1997 Page 3 reduced scope of work and cost contract could bring a challenge from other bidders. Cost of the project might be reduced by reducing project scope and re- engineering. Fundina will remain available in STP Expansion Bonds 1994 (003-056- 8465). Schedule for the project might be advanced. Recommendation is that City Council concur in Alternative A, and take the following specific actions: AgthQrize the City Manaaer to reiect all bids. The reason for the rejection is that the cost of the Droiect exceeds available fundina. Instruct Black & Veatch. the city's enaineerina consultant, to revise the ¢0r~tract plans and specifications and readvertise the Droiect as 8Q~r~ ~8 possible. The project will be re-engineered to reduce project scope and cost wherever feasible. PCS/kh Attachment: Bid Tabulation City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities and Operations Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 2401b1536 Telephone: (540) 853-2541 Fax: (540) 853-tl45 SANDRA H. EAKIN Deputy City Clerk RETURN RECEIPT REQUESTED June 25,1997 File #24-79-383 Edward R. Parker Registered Agent Cox Communications Roanoke, Inc. 5511 Staples Mill Road Richmond, Virginia 23228 Ira D. Layman, Jr. Registered Agent R & B Communications P. O. Box 174 Daleville, Virginia 24083 James S. Quarforth Registered Agent CFW Wireless P. O. Box 1990 Waynesbore, Virginia 22980 Gentlemen: I am enclosing copy of Ordinance No. 33379-051997 amending the Code of the City of Roanoke (1979), as amended, by enacting a new §32-170.1, ADolicabilitv to mobile local telecommunication service, establishing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, effective September 1, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, May 5, 1997, also adopted by the Council on second reading on Monday, May 19, 1997. Edward R. Parker Ira D. Layman, Jr. James S. Quarforth June 25, 1997 Page 2 I am also enclosing copy of Article VII, Tax on Purchase of Utility_ Services, Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amer?ed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Enc. pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections George C. Snead, Jr., Director, Public Safety Ronald L. Wade, Acting Manager, Communications Department 06/25/97 09:57 '~'540 $53 2458 CITY OF ROANOKE ~002 MEMO To: From: SubjerA: Date: Mary F. Parker, City Clerk From the desk of G-erri Rorer, Tax Compliance Admlni~trator Attested Copies of Ordinances to Register Agents June 25, 1997 Mary, please send attested copies of the Mobile Local Telecommunications Ordln~n~es (§32- 170.1), E911 Ordinance (§32-276) and U~ility Service Tax Ordinance (§32-1~) to the following re~stered agents: Cox Communications Roanoke Inc. Edward R. Parker, Registered Agent 5511 Staples Mill Road Richmond, Va. 23228 ira D. Layman, Jr. Registered Asent R & B Communications POBox 174 Daleville, Va. 24083 James S. Quarforth, ReGistered Agent CFW Wire~ess 401 Spring Lane Suite 300 P O Box 1990 Waynesboro, Va. 22980 Ma~, per Gladys Yates and Ga~ Tenge~l~nm~ p, these copies need to be mailed to the registered agents by the end of the month. If the registered agents are not notified by the end office month (June 30, 1997), we wi~ have to ~ve the companies 120 days notice instead of 60 days. Thank you for your help. Should you have any question~, please call me at ext. 2880. JUN-25-199? 11:05 540 85~ 2458 P. 02 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOK[ OFFICE OF THE CITY CLEI8 215 Church Avenue, S.W, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: 1540) 853-1145 SANDRA H. EAK1N Dcp~ C y Clerk May 29, 1997 File #24-79-383 Beverley L. Crump Registered Agent Ohio State Cellular Phone Co. d/b/a United States Cellular Corp. 11 S. 12th Street Richmond, Virginia 23219 Jack A. Molenkamp Registered Agent Roanoke MSA Limited Partnership d/bla GTE Mobile Net of Virginia 951 East Byrd Street Richmond, Virginia 23219 Dear Ms. Crump and Mr. Molenkamp: I am enclosing copy of Ordinance No. 33379-051997 amending the Code of the City of Roanoke (1979), as amended, by enacting a new §32-170.1, Aoolicabilitv to mobile local telecommunication service, establishing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, effective September 1, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, May 5, 1997, also adopted by the Council on second reading on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Beverley L. Crump Jack A. Molenkamp May 29, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections George C. Snead, Jr., Director, Public Safety Ronald L Wade, Acting Manager, Communications Department 05/28/97 09:03 '~540 853 2458 CITY OF ROANOKI~ ~001 I ?o; Gary Tegencamp, Asst. City Attorney From the desk of Gerri Rorer Fr~n~ Sul~,~l= Registered Agents - Cellular Companies I)at~; May 28, 1997 The reSstered agents and ~e exact name of the cellular companies are: Ohio State Cellular Phone Company d/b/a U S Cellular (United States Cellular) Corp. 8410 W Bryn Mawr Suite 700 Chicago II 60631 REGISTERED AGENT for U S Cellular Beverley L. Crump I I S, 12th Street Richmond Va 23219 Roanoke MSA Limited Partnership d/b/a GTE Mobile Net of Va, 245 Perimeter Center Pkwy Atlanta Ga 30346 REGISTERED AGENT for GTE Jack A, Molenkamp RiYerfront Plaza East Tower 951 East Byrd Street Ri~mond VA 23219 Carl with SCC says both businesses are in good standing. Should you have any questions, please call me at x2880. · IqRY-~'IE3-1997 10-'25 ~40 ~35g ;2450 99~ P.Ol Mary F, Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File #24-79-383 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33379-051997 amending the Code of the City of Roanoke (1979), as amended, by enacting a new §32-170.1, Aoolicability to mobile local telecommunication service, establishing a new tax on purchasers and consumers of mobile local telecommunication service and providing for the tax rate and duties and procedures in the administration of such tax, effective September 1, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, May 5, 1997, also adopted by the Council on second reading on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Attachment W. Robert Herbert City Manager May 21, 1997 Page 2 pc: The Honorable Clifford R. Weckstein, Chief Judge, Twe~,y-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 Mary E. White, 2914 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Linda M. Scerborough, Vice-President, Community Relations, Roanoke Regional Chamber of Commerce, 212 S. Jefferson Street, Roanoke, Virginia 24011 Robert McNichols, President, Coordinated Services Management, Inc., P. O. Box 19419, Roanoke, Virginia 24019 The Honorable Arthur B. Crush, III, Clerk, Circuit Court The Honorable David C. Anderson, City Treasurer The Honorable Marsha C. Fielder, Commissioner of the Revenue 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 W. Robert Herbert City Manager May 21, 1997 Page 3 pc: James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Ronald L. Wade, Acting Manager, Communications Department Michael Meise, Branch Manager, Law Library Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 1997. No. 33379-051997. AN ORDINANCE amending the Code of the City of R~anoke (1979), as amended, by enacting new §32-170.1, Applicability to mobile local telecommunication service. establishing a new tax on purchasers and consumers of mobile local telecommtmication service and providing for the tax rate and duties and procedures in the administration of such tax, and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is amended and reordalned by the addition of the following new section: §32-170.1. Applicability to mobile local telecommunication service. (a) There is hereby imposed and levied by the city upon each and every purchaser or consumer of mobile local telecommunication service provided by a mobile service provider or by retailers of cellular telephone service a tax in the amount of ten (10) percent of the monthly gross charge made by the seller against the purchaser or consumer with respect to each mobile local telecommunication sendce, which tax, in every case, shall be collected by the seller from the purchaser or consumer and shall be paid by the purchaser or consumer to the seller for the use of the city at the time that the purchase price or such charges shall become due and payable under the agreement between the purchaser or consumer and the seller; provided, however, that the tax hereinabove imposed shall not be deemed to apply to that part of the charge in excess of thirty dollars ($30.00) per month made by any seller of said mobile local telecommunication service to any mobile sen, ice purchaser or consumer thereof. (b) This tax is imposed or levied on a taxable purchase by a purchaser or consumer of such service, ffthe purchaser's or consumer's service address is located in the city. ~-~ (c) The tax on mobile local telecommunication service shall be administered pursuant to this article, including def'mitions, duties, procedures and penalties to the extent not inconsistent with this section. (d) "Mobile local telecommunication service" shall mean any two- way mobile or portable local teleconununication service, including cellular mobile radio telecommunication service and specialized mobile radio. (e) The terms "consumer," "gross charge," "mobile service consumer," "mobile service provider," "service address," and "taxable purchase" shall have the meanings as provided in §58.1-3812, Code of Virginia (1950), as amended, and such definitions are incorporated herein by reference. 2. This ordinance shall be in force and effect upon and after September 1, 1997. 3. The City Clerk is directed to forward an attested copy of this ordinance by certified mall, return receipt requested, to the registered agents of the service providers required to collect the tax so that an attested copy will be received by such registered agents at least sixty (60) days prior to September 1, 1997. ATTEST: City Clerk. SENT BY:KINKO'S ; 5-16-97 ;ll:58AM ; ROANOKE, VA+ 540 081 2940;# 1/ 1 May 16, 1997 Ms,Mary F. Parker~ City Cl~rk 215 Ch/~rch Av~. #456 Roano£e, Va. 24011 Please ~ee that each member of i. he Cgt. y Councig and t-he Mayor get u copy of this .£e~ter, I wou£d lik~ ~.o express my ~eel.~ng on £h~ tax on. cellular phon~ ~.se~s by th~ City of Rounok~. I a~ a senior citizen (age 72) and have a cel£ phone to use when ~ travel by car for a~4ety purposes. I feel more secur~ ga t~e event I would have car troubte or illness. I wou~d as£ that yo~ wo~Id eonsid~ tn your vote that ~eniors be exemt from ~his tax. Peopge on a fixed tn. come are reeling und.er the r.~sing Real ~s~ate taxes and £h.e additional tax on cell phones adds insult to ~nju~y. ask ~h. at you con.aider this suggestion. B-07-1997 1~:21AM FROM CSM. INC. Reiirement Catnmunittes Pct~ C~eek Road 540/366-0622 FAX COV~R SiiE~T DATE: MaY 7. 1997 Ro~ok¢CiwCoun~l FAXNo: 853-1145 ~OM: Rob~ McNichols_ Pr~d~ Coord~mt~ S~ M ~a,,a~,~ ~t~ 540 / 366.0622 FAX No: 540t 563 - 9182 SUlk~CT: Cellular Telephone Tax our o~ we have al~'OX~nately 30 Roanoke City re~de~$ who oonduct businms throughout th~ state of V'n~ir~ The celh~ telephone tax will b~ added to at lea~ nine of our business cn~lular telephones. We are in a hig~ ~ ~ ~ thls tax will be another cost to add to our It is re~nn~fu~y requested that City Council find a way to cut eosts of the City's operation mira th~ addi~ a n~w tan to their residents. NUMBER OF PAGES TO FOLLOW: call 54O/366-0622) iadka~d at tea via ~t~ U.S. l~al Servia. ~qY-~7-1997 ll: 37 54g~C~65'9182 9~Y. P. 01 Presentation Linda M. Scarborough, Vice President-Community Relations Roanoke Regional Chamber of Commerce May 12, 1997 Mayor Bowers, Council Members, Ladies and Gentlemen I am Linda Scarborough of Robins View Drive, representing the Roanoke Regional Chamber of Commerce. I would like to begin by posing the question, when is a tax decrease, a tax increase? The answer appears obvious to me as you consider reducing the real estate tax, and increasing the utility tax on cellular telephone service, in addition to the 911 fees. As the Roanoke Times stated on May 2, and I quote, "the prospect for actual savings to taxpayers will have evaporated. The way things are stacking up, everybody will pay more next year."Unquote. We have not asked you to reduce taxes, but we have asked for no additional tax increases. In fact, last fall, the chairman of our board, Rob Glenn, appeared before you and asked that any new funding be developed through greater efficiencies-not increased taxes. You have just increased business and residential taxes through reassessment. Last year, you increased the Business, Professional Occupational License tax fee, a specific business tax, and now you have proposed a $3 per-month levy on cellular phone users, most of which will be paid by businesses and individuals. We also understand that the revenues from this tax were not included in the original budget, therefore, why do we now need this additional money? We are here tonight to ask you to vote against adding the $3 per month cellular tax. For many individuals, many small business people and other companies that depend on this form of communication, it can cost hundreds of dollars per year. We would appreciate your consideration concerning these issues. Thank you. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File #132-405 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, May 19, 1997, Vice-Mayor Wyatt requested that you report to Council with regard to the number of consultants hired by the City in the last year, the name of the company, the scope of services to be provided, and the amount paid to the consultants. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: Rose M. Woodford, Executive Secretary, City Manager's Office Mary F. P,,rker, CMCIAAE Ck'y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File #132-165-342 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, May 19, 1997, Council Member Harris requested an update on what assistance the City is providing in connection with the Williamson Road Corridor Study and the future of the project. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator Rose M. Woodford, Executive Secretary, City Manager's Office Director of Public Works May 28, 1997 The Honorable Carroll E. Swain 3434 Kershaw Road, S. W. Roanoke, Virginia 24017 Dear Mr. Swain: Subject: Zoning Issue - Number of vehicles that can be kept on private property. At the Council meeting on Monday, May 19, 1997, you asked for a report on the number of vehicles that can be kept on private property. I am pleased to report that the Planning Commission will consider a proposal on their June 4 agenda to modify the number of vehicles which can be parked on private property in the City of Roanoke. For your information, I have attached a draft copy of the staffreport to the Planning Commission. It could be assumed that the Planning Commission will make a recommendation to City Council on your agenda in July. In the meantime, if there are any questions may I invite you to contact Mr. John Marlles at 853-2356. Respectfully, William F. Clark Director of Public Works pr Attachment CCi Honorable David A. Bowers, Mayor and Members of City Council ~iary F. Parker, City Clerk W. Robert Herbert, City Manager John R. Marlles, Chief, Planning & Community Development Room 354, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011~1584 (540) 853-2741 I~ Printed on Recycled Paper Roanoke City Planning Corniness on DRAFT Mr. Gilbert E. Butler, Chairman and Members of the Planning Commission Roanoke, Virginia June 4, 1997 Dear Members of the Commission: Subject: Application to amend Section 36.1-428, Zoning, Code of the City of Roanoke (1979),as amended, by creating item (3) relative to restricting the number ofungaraged motor vehicles that can be parked or stored on a lot in the RS-3, Residential Single Family District. I. Background: Purnos~ of the proposed ordinance amendment is to limit the number of ungaraged operative motor vehicles that can park on a lot in the RS-3, Residential Single Family District. On Au~,ust 15. 1996, a communication from Mr. Hurbert Syndenstricker, Jr., 2513 Mount Vernon Road, S.W., and a petition (attached) signed by 54 residents of Mount Vernon Road, Wilbur Road and Blair Road was transmitted to Roanoke City Council with a request that City Council consider an ordinance limiting the number of motor vehicles that can be parked on a lot in a residential area. N ihb rh resid n have expressed concern that the parking of an excessive number of motor vehicles on a lot in a residential area creates an unsightly condition that will result in a decline in the surrounding property values over time. Raleigh Court Civic League in correspondence dated October 4, 1996 (attached), indicated their support of the residents' request that an ordinance be considered limiting the number of vehicles which may be parked on a lot in a residential district. In addition to the concerns expressed by the residents, the correspondence from Mr. Michael Urbanski, President, noted that the parking of such a large number of older vehicles in "plain view represents an attractive nuisance and thus implicates public safety concerns." Ci_ty At-tome3/ at the request of City Council, prepared a report (attached) which was presented to City Council on November 18, 1996. The report notes that City Council has the authority to limit the number of motor vehicles parked or stored outside of Room 162 Municipal Building 215 Church Avenue. SW. Roar, oke. Virginia 24011 (540) 853-2344 a garage or accessory structure in a residential area based on the size ora lot or the zoning classification of a lot, II. Current Situation: Currently. the City's zonine ordinance, does not contain any restrictions regarding the maximum number of ungaraged operative motor vehicles that can be parked on a regular basis on a lot in a residential zoning district. Planning Commission Ordinance and Names Subcommittee discussed the matter at their February 21, 1997, meeting and directed staffto prepare a draft amendment. Draft amendment, prepared by staff (attached), would restrict the number of ungaraged operative motor vehicles which would be regularly parked on a lot in the RS-3, Residential Single Family District to no more than five vehicles. The RS-3 district requires a minimum lot size of 5,000 square feet, the smallest permitted lot size in any single family residential zoning district. One additional vehicle could be parked on the lot for each additional bedroom over three. Planning Office has received several calls from citizens expressing concern with any amendment which would restrict the number of motor vehicles which would be parked on a lot in a residential area. In addition, staff has been contacted by a representative of the Southwest Virginia Car Council expressing concern that the proposed amendment may lead to further restrictions on the rights of motor vehicle owners (correspondence attached). IIL ~: Planning staffrecommends approval of the proposed amendment. The proposed amendment provide for a reasonable number of motor vehicles which can be parked on a lot within the City's RS-3, Residential Single Family zoning district, while preventing a potential source of blight from occurring in this and other similar residential neighborhoods. Respectfully submitted, JRM:mpf attachments CC~ Roanoke City Planning Commission Assistant City Attorney Hubert Sydenstricker Michael F. Urbanski, President, GRRCL Jimmy Farley Edward A. Natt AugUSt 15, 1996 Dear Mayor Bowers and City Council: Several years ago a lady in Roanoke had so many cats that she and the cats became a nuisance to the neighbors. When this happened City Council passed an ordinance prohibiting more than a certain number of cats. , only A similar s~tuatxo has come to pass in our neighborhood this time the problem is unsightly automobiles. Dr. Farley has a collectiom Of unsightly cars on his property at 2429 Mt. Vernon Road, S.W.--up to 12 or more at a time. He says they are all licensed and in operating condition and that there is nothing anyone can do about it. What he says is probably true under present circumstances. We know these unsightly cars degrade our neighborhood and will cause our property to become less valuable over a period of time. Of course this will eventually lower the tax base in this area. We are requesting Council to pass an ordinance to limit the number of vehicles that are not garaged to two for each licensed driver residing at an address in a residential area. We do not feel that this is an unreasonable request and it would pose no hardship on anyone using such vehicles as they are intended to be used. Please loo~ into passing such an ordinance and providing us with some relief from %his unsightly nuisance. Hubert S~denstric~er to'limit the number of vehicles that may he par address in a residential area. We, the unders£gned, request that an ordinance be ~assed to limit the number of vehicles that may be ~a£Red at one address in a residential a?ea. We, the undersigned, reques~ ~ha~ an ordinance be passed to limit the number of vehicles tha~ may be parked a~ one address in a residential area. We, the undersigned, request that an ordinance be passed to limit the number of vehicles that may be parked at one address in a residential area. ~7o~' ~-~ dm-, BT ~AX TO .. 2~4 C~y o~ Roanoke Grater R~leish Court Civic Lra ue P. O. Boz ~92 · Ro~oke, VA 2401~ Oear ~ayor Rovers and He.bets of che · -- ~=.~.a ~t~-'~ ~e~ C~C ~ch a ll~-;-!-:"'le' ~r, cc: ~ eoard very truly yours, Pr~eicleac V*'ILBURN C. DiBLING. JR. CITY OF ROANOKE OFFICE OF CITY ATTORNEY ~ MUNICIPAL I~UILDING 215 CHURCH AVENUE. SW ROANOKE, VIRGINIA 24011-1595 WILL[AM X PARSONS STEVEN J. TALEV1 GLADYS L. YATES GARY ~ TEGENKAMP November 18, 1996 The Honorable Mayor and Members of City Councll Roanoke, Virginia Re: Requlatinq ungaraged motor vehicles in residential are~- Dear Mayor Bowers and Council Members: At City Council's meeting held on October 7, 1996, I was asked to respond to a communication from Mr. Hubert Sydenstricker of 2513 Mount Vernon Road, S.W., and a petition signed by residents of Mount Vernon Road, Wilbur Road and Blair Road. In his letter, Mr. Sydenstricker stated that Dr. J. Weldon Farley of 2429 Mount Vernon Road had a collection of vehicles on his property at that location, and inquired whether the City could limit the number of ungaraged vehicles to two for each licensed driver residing at an address In residential areas of the City. I am advised that Dr. Farle¥'s vehicles are not "inoperable motor vehicles" and are, therefore, not addressed by the City's new Inoperable Motor Vehicle Ordinance. There can be little doubt that the conditions complained of by Mr. Sydenstricker and the petitioners can make living in a residential area less than optimal. However, the issue raised by Mr. Sydenstricker and his neighbors raises a question of whether the City has authority under its police powers to act in accordance with their wishes. The Commonwealth of Virginia long has followed, and still adheres to, the Dillon Rule of strict construction concerning the powers of local governing bodies. Dlllon's Rule provides that municipal corporations possess and can exercise the following powers, and no others= (1) those granted in express words; (2) those necessarily or fairly implied in or incident to the powers expressly granted; and (3) those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of a power is resolved by the courts against the corporation, and the power is denied. 1 Dillon, Municipal Corporations S89 (3rd ed); Stallings v. Wall, 235 Va. 313, 367 S.E.2d 496 (1988); Winchester v. Redmond, 93 Va. 711, 25 S.E. 1001 (1896). The Honorable Mayor and Members of City Council November 18, 1996 · Page 2 In an effort to find authority under the pollce powers for the action sought by Mr. Sydenstricker and his neighbors, I carefully reviewed the Code of Virginia (1950), as amended, and the City Charter. Those are the only two sources of authority for a municipal corporation in Virginia. In any event, I found no express authority to regulate the number of ungaraged motor vehicles, and such authority is not necessarily or fairly implied, or essential to carry out the functions of government. This conclusion is bolstered by the General Assembly's enactment of express authority for local governments to regulate inoperative motor vehicles on private property without any similar enactment for operative motor vehicles. See 915.1-11.1, Code of Virginia (1950), as amended. Although the City Council may not enact an ordinance prohibiting the keeping of more than a certain number of motor vehicles on a residential lot and prescribing a penalty therefor, the Council is not without options. The Council has authority to regulate the use of private property through lts zoning power. Specifically, ~15.1-486, Code of Virginia (1950), as amended, authorizes a governing body to regulate, restrict, prohibit and determine the use of land for residential, business, industrial and other specific purposes. Under this authority, the Council could limit the number of motor vehicles parked or stored outside of a garage or accessory structure in a residential area based on the size of a lot or the zoning classification Of a lot. At least two caveats exist with respect to reliance upon the City's zoning authority. First, any person uslng his lot as a storage or parking area for a number of motor vehicles which exceeds the number permitted by City Council would be grandfathered. Under ~36.1-597 of the Code of the City of Roanoke (1979), as amended, if a use, such as storage of operative motor vehicles or off-street parking, is lawful at the time an ordinance is passed which makes such use unlawful, the use may be continued. Such a nonconforming, but legal, use, while not permitted to be Increased, enlarged upon, expanded or extended, is permitted to remain until discontinued. Section 36.1-590, Code of the City of Roanoke (1979), as amended. State law requires that such discontinuance be permitted to exist for up to two (2) years without a property owner losing his right to use his property in such a nonconforming manner. Va. Code 915.1-492 (1950), as amended. The Virginia Supreme Court has found that by enacting 915.1-492 of the Code of Virginia (1950), as amended, the legislature clearly envisioned the protection of a use existing on the effective date of a new zoning restriction. See Knowlton v. Browning - Ferris Industries of Vlrqiniat Inc., 220 Va. 571, 260 S.E.2d 232 (1979). The Honorable Mayor and Members of City Council November 18, 1996 Page 3 The second caveat is that such a regulation would not control the parking of vehicles in the public right-of-way. By restricting the parking of vehicles on private property, Council may unintentionally create parking problems within the public right-of- way. Please do not hesitate to contact me if you have any questions or would like to discuss this matter further. With kindest personal regards, I am Sincerely yours, W~ilburn.~T--.D~bling,~Jr. City Attorney WCDJ/SJT=snh CC,' W. Robert Herbert, City Manager John R. Marlles, Chief, Planning and Community Development Hubert Sydenstricker Tom Cox Edward A. Natt, Esquire (counsel for Dr. Farley) Proposed Zoning Ordinance Amendment Revised May 16, 1997 Comment: In October, 1996, a group of residents of Mount Vernon Road expressed concern regarding a large number ofungaraged vehicles (properly licensed and registered) that were parking on a lot in a residential neighborhood. The residents understand that the existing problem in their neighborhood would be "grandfathered" but would like to prevent the problem from occurring in other locations in their neighborhood and the City. This practice, if it becomes widespread, has the potential to be a source of blight, especially in those residential zoning district which permit smaller lot areas. Pr d Amendment: Section 36.1-428. General Standards In the RS-3 district, no more than five (5/ un~araged motor vehicle~ shall be reeularly oarked or stored on a lot except that one (1/additional motor vehicle shall be permitted for each additional bedroom over three SOUTHWEST VIRGINIA CAR COUNCIL To: Mr. John Marlk~.~ Roanoke City Planpln,u. Dept. May 27,1997 From: Tom Cox Southwc.~t Virginia Car Council At om' rnosl recent nk.~eting we di.~u~-d both propoacd ararl~n~uta to ~tion 36.1-428 regarding motor vchiclas, With ov~t aixty people in attendance, it was decided to oppo~ any amendment limiting thc number af legally! registered vehiclc.~ one n~y keep at their reskieme for tl~ tbllowlng react,aa: I. ~ Lq a precedent ~ettinit amendment 'aff~tin~ legally rcgL~tcred ~u~J imured vehicles,which could ¢'d~i]y he expanded Durin~ ti,f, past year or ~) the city has anxmded ninny items strengthening law~ to proh.~t noighborhoods at~tln~t the keeping or untegiatered or abandoned v~hicles. 'f'hc,~ laws arc u hen~lh to Ih~ commuflily 'and have dI'IWR no o~t~or~ ~rom ~:itizett~; aJ~tliatecl with our group, comprised ul' average cilll~lb,-ns and having no monetary auplx.~rt. Wc feel that to rel~u 'lalc It:gully ['cgJatcr~.'d .imm'ed velucle~, upon which prop,my taxes have alao been paid, L~ ov~rkLU. 2. Aside from bein8 arbitrary and caprick)u~, this nrocndmkxtt will have no effect ou Jimmy Farley, the individual with many ~ at whom thi~ an~ndm~nt i.~ a~m::l,dm: tt, u ~l'and~ther clau~e Why then do we need another law .~imply for the purix~.~ ofhavh,g 3. This/aw ia Ira.ned upon the traditional aucleai faal/ly, and may ~ d~mt,,ry ~v~ ~ ~r~ tu ~v~ with ~v~ ~tcnd~ t~,,~ m~x ~ ~. By ~ t~ n~r of~ ~ ~uu~ ~ kept at a ~ ~wi*,~ ~t ~t ~ve t~ ~ ~c~ to t~ .job ~rk~ as l~c allluc. I 4. The overall cost of i..~urm~.~;, tags. as well as much needed ;cv~;auc In;in& paid petlOanJ property tax will tend to rcTaulab; th~ ntm~3et of cars kept at a rcsidc,~¢ ~. This ame[zlmem i,,vvlv~a th~ city in a small isolated dispute tu,n, nl~ ~:ighburs. While the citiys' interest is weU intention~ tl~: [~;;tl,, of oil citizens and not just a voc,~ mim,~ty must be rtTre~nted SOUTltWEST VIRGINIA .ads0 di~u~-d was the proposed amendment to rcg~te ~k~ in tram y~ds or on ~ ~O~ ~ ~ ~ violin? ~t h a ~d ~u~? Not cvc~or~ c~ a~rd a ~e or ~v~ driv~ that yuu ~ivc our t~u~s t~ ~ ~or~ratkm afforded t~ co~ts ~st Ji~ Fatty. ~, co~s~ our qt~thm~ oft~ ot~r a~nl. Sin~rcly, Tom Cox President Southwest Vi~gi~i,a ("ar Council Pk~me tieel free to ~;untaci me a~ n~ office at 362-0'~00 MaW F. Parker, CMCIAAE Cb Ch~rk CITY OF ROANOKE Office of the City Clerk May 21, 1997 File #207-450 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of Resolution No. 33410-051997 authorizing the proper City officials to execute the necessary amendment to a Performance Agreement dated April 7, 1997, among the City of Roanoke, the Industrial Development Authority of the City of Roanoke, Virginia, and The Advance Group, Inc., or its assigns, to conclude the proposed conveyance to The Advance Group, Inc., of certain land designated as New Tract A1 (formerly New Tract G) located in the Roanoke Centre for Industry and Technology; to provide for certain waivers and consents by the City in connection with certain Restrictive Covenants contained in the Deed of Restriction recorded in Roanoke City Deed Book 1656 at page 869; and authorizing the proper City officials to execute any other amendments or documents necessary to conclude the proposed conveyance to The Advance Group, Inc. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Attachment W. Rober~ Herbert City Manager May 21, 1997 Page 2 pc' Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Phillip F. Sparks, Chief, Economic Development E. Douglas Chittum, Economic Development Specialist Diane S. Akers, Budget Administrator, Office of Management and Budget IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA The 19th day of May, 1997. No. 33410-051997. A RESOLUTION authorizing the proper City officials to execute the necessary amendment to a Performance Agreement dated April 7, 1997, among the City of Roanoke, the Industrial Development Authority of the City of Roanoke, Virginia ("Authority"), and The Advance Group, Inc., or its assigns ("Advance"), to conclude the proposed conveyance to Advance of certain land designated as New Tract A1 (formerly New Tract G) located in the Roanoke Centre for Industry and Technology CRCIT"); to provide for certain waivers and consents by the City in connection with certain Restrictive Covenants contained in the Deed of Restriction recorded in Roanoke City Deed Book 1656 at page 869 (the "Deed of Restriction"); and authorizing the proper City officials to execute any other amendments or documents necessary to conclude the proposed conveyance to Advance. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Mayor or the City Manager is hereby authorized to execute on behalf of the City an Amendment to the previously approved Performance Agreement dated April 7, 1997, among the City, the Authority, and Advance changing the conveyance acreage of the real property designated as New Tract A1 (formerly New Tract G) located in RCIT fi.om approximately 23.110 acres to approximately 21.392 acres, or such further minor adjustments in acreage as may be required for closing on the conveyance of this property, all as more particularly set forth in the report to this Council dated May 19, 1997, such Amendment to be approved as to form by the City Attorney. 2. The City consents to the lease of the subject property fi.om Advance, its successors or assigns, to Maple Leaf Bakery Inc., all as more particularly set forth in the above mentioned report to this Council. 3. The City waives the Restrictive Covenant contained in Paragraph 6(h) of the Deed of Restriction on the RCIT property to the extent such restriction prohibits loading docks from fronting roads or proposed roads as it relates to the construction of the Maple Leaf Bakery facility to allow loading docks to be constructed or located fronting Blue Hills Drive, all as more particularly set forth in the above mentioned report to this Council. 4. The City waives its first right and option to purchase the subject property from the Authority at the point in time where the Authority sells the property to Advance or its assigns and also its first right and option to purchase the subject property from Advance or its assigns if they should sell the property to Maple Leaf Bakery Inc., Maple Leaf USA Inc., or CIBC, Inc., ail as more particularly set forth in the above mentioned report to this Council. 5. The Mayor or the City Manager is hereby authorized to execute on behalf of the City any necessary forms or documents setting forth the above waivers or consent and any other amendments or documents necessary to conclude the proposed conveyance oftbe subject property to Advance or its assisns, all as more particularly set forth in the above mentioned report to this Council, all such amendments or documents to be approved as to form by the City Attorney. ATTEST: City Clerk. Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk May 21, 1997 File f~60-207-450 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33409-051997 amending and reordaining certain sections of the 1996-97 Capital Projects Fund Appropriations, providing funds in connection with the City's contract with Maple Leaf Bakery, Inc., relative to New Tract A1 at the Roanoke Centre for Industry and Technology. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Attachment James D. Grisso Director of Finance May 21, 1997 Page 2 pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Phillip F. Sparks, Chief, Economic Development E. Douglas Chittum, Economic Development Specialist Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of May, 1997. No. 33409-051997. 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 General Government Maple Leaf Development (1) ................................. Revenue Due from Third Parties (2) .................................... $12,689,949 731,555 $ 320,880 1) Appropriated from General Revenue 2) Sale of Land - IDA - Maple Leaf (008-052-9631-9003) (008-1260) $ (25,770) (25,770) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 19, 1997 97-21 Honorable Mayor David A. Bowers and Members of City Council Dear Mayor and Members of Council: SUBJECT: Maple Leaf Foods, Inc. Contract Amendment and Waivers and Consents of Deed of Restriction I. BACKGROUND: I~iP~I,~iiId,s~ is Canada's largest food processing company with sales of more than $3 billion and 11,000 employees. Maple Leaf Bakery Inc. is a subsidiary &Maple Leaf USA Inc., which is a subsidiary of Maple Leaf Foods, Inc. The Advance Group. Inc.. a real estate consulting and development corporation organized and existing under the laws of the State of New Jersey, is representing Maple Leaf on the Roanoke project. On April 7. 1997. City Council authorized the execution of a Performance Agreement for the conveyance of approximately 23.11 acres of land known as Site A1 (formerly known as Site "G") at the Roanoke Centre for Industry and Technology (RCIT) to the Industrial Development Authority of the City of Roanoke (IDA) to sell to The Advance Group or its assigns for the purpose of constructing a new bakery facility for Maple Leaf Foods. Deed of Restrictions at RCIT have been established to place restrictive covenants on all developments within RCIT to ensure the orderly development of the Centre; said deed is recorded in Roanoke City Deed Book 1656 at page 869 (The "Deed of Restriction" or "Restrictive Covenants"). II. CURRENT SITUATION: Bounda~ ad. iustments to Site A1 due to storm water issues have resulted in a net acreage of approximately 21.392 acres to be transferred, or a reduction of 1.718 acres at $15,000 per acre ($25,770). Some further minor adjustments in acreage may be required before closing. Therefore, an amendment to the Performance Agreement and Agreement for Purchase and Sale should be made to reflect the reduced acreage figure. ~ll~[YI~iII~ has requested the City grant its written consent, pursuant to paragraph 12 of the Restrictive Covenants, to the lease of the subject property from Advance, its successors or assigns, to Maple Leaf Bakery Inc. lJ~Ml~llllr~_~ has requested the City to waive, in writing, the restrictions contained in Paragraph 6(h) of the Restrictive Covenants ("loading areas"). The consent of owners or lessees from the City of property for terms of five (5) years or more of more than fifty percent (50%) of the lots or sites within the Centre which have been sold by the City for development has been given in writing pursuant to paragraph 13 of the Restrictive Covenants. Members of Council May 19, 1997 Page 2 ~ has requested the City to waive, in writing, the City's first right and option to purchase, pursuant to paragraph 9 of the Restrictive Covenants, the property from the IDA at the point in time whereby the IDA will sell the property to Advance or its assignees and also its first right and option to purchase if that entity should sell the property to Maple Leaf Bakery Inc., Maple Leaf USA Inc., or CIBC, Inc. IlL ISSUES: A. Timing. D. City Council's Vision. E. Compliance with RCIT Deed Restrictions. IV. ALTERNATIVES: A. City Council do the following: Authorize the Mayor or City Manager to execute necessary amendments to the Performance Agreement changing the acreage of Site A1 from approximately 23.11 acres to approximately 21.392 acres and reducing the purchase price in accordance with the reduction in acreage. The purchase price is $15,000 per acre. Consent to the lease of the subject property from Advance, its successors or assigns, to Maple Leaf Bakery Inc. Waive the restriction contained in Paragraph 6(h) of the Deed of Restriction ("loading areas") to the extent such restriction prohibits loading docks from fronting roads or proposed roads as it relates to the construction of the Maple Leaf Bakery facility to allow for loading docks to be constructed or located fronting Blue Hills Drive. The consent of owners or lessees from the City of property for terms of five (5) years or more of more than fifty percent (50%) of the lots or sites within the Centre which have been sold by the City for development has been given in writing pursuant to paragraph 13 of the Restrictive Covenants. Waive the City's first right and option to purchase the property, under paragraph 9 of the Deed of Restrictions, from the IDA at the point in time whereby the IDA sells the property to Advance or its assigns and also its first right and option to purchase from that entity if that entity should sell the property to Maple Leaf Bakery Inc., Maple Leaf USA Inc., or CIBC, Inc.. Members of Council May 19, 1997 Page 3 Authorize the Mayor or City Manager to execute the above waivers and consent forms and any other amendments or documents necessary to conclude the proposed conveyance to Advance or its assigns, subject to approval of the amendments or documents by the City Attorney as to form. Iilllklg is critical in that Maple Leaf Foods USA, Inc. must have their plant operating by January 1, 1998. .r~lflgl~i~llg~ program will be advanced by the investment of $22 million creating substantial new tax revenue and 180 new jobs. Funding for the project will be reduced by approximately $25,770 due to the acreage adjustment, however, the overall project budget will not be affected due to cost savings and adjustments in other areas of the project. City Council's Vision for Economic Development will be greatly enhanced with the new investment and jobs to be created. Compliance with RCIT Deed Restrictioll,S will be met by the execution of the consent and waiver requests. B. City_ Council not do the following: Authorize the Mayor or City Manager to execute necessary amendments to the Performance Agreement changing the acreage of Site A1 from approximately 23.11 acres to approximately 21.392 acres and reducing the purchase price in accordance with the reduction in acreage. The purchase price is $15,000 per acre. Consent to the lease of the subject property from Advance, its successors or assigns to Maple Leaf Bakery Inc. Waive the restriction contained in Paragraph 6(h) of the Deed of Restriction ("loading areas") to the extent such restriction prohibits loading docks from fronting roads or proposed roads as it relates to the construction of the Maple Leaf Bakery facility to allow for loading docks to be constructed or located fronting Blue Hills Drive. The consent of owners or lessees from the City of property for terms of five (5) years or more of more than fifty percent (50%) of the lots or sites within the Centre which have been sold by the City for development has been given in writing pursuant to paragraph 13 of the Restrictive Covenants. Waive the City's first right and option to purchase the property, under paragraph 9 of the Deed of Restrictions, from the 1DA at the point in time whereby the IDA sells the property to Advance or its assigns and also its first right and option to purchase from that entity if that entity should sell the property to Maple Leaf Bakery Inc., Maple Leaf USA Inc., or CIBC, Inc.. Members of Council May 19, 1997 Page 4 Authorize the Mayor or City Manager to execute the above waivers and consent forms and any other amendments or documents necessary to conclude the proposed conveyance to Advance or its assigns, subject to approval of the amendments or documents by the City Attorney as to form. 1. Timing of Maple Leaf's plant opening will not be met. 2. ]~IP~IliC~L~LqP~ opportunity could be lost. 3. Funding will not be an issue. 4. City Council's Vision for Economic Development will not be enhanced. 5. Compliance with RCIT Deed Restrictions will not be met. V. RECOMMENDATION: City Council concur in Alternative A to: Authorize the Mayor or City Manager to execute necessary amendments to the Performance Agreement changing the acreage of Site A1 from approximately 23.11 acres to approximately 21.392 acres and reducing the purchase price in accordance with the reduction in acreage. The purchase price is $15,000 per acre. Consent to the lease of the subject property from Advance, its successors or assigns to Maple Leaf Bakery Inc. Waive the restriction contained in Paragraph 6(h) of the Deed of Restriction ("loading areas") to the extent such restriction prohibits loading docks from fronting roads or proposed roads as it relates to the construction of the Maple Leaf Bakery facility to allow for loading docks to be constructed or located fronting Blue Hills Drive. The consent of owners or lessees from the City of property for terms of five (5) years or more of more than fitly percent (50%) of the lots or sites within the Centre which have been sold by the City for development has been given in writing pursuant to paragraph 13 of the Restrictive Covenants. Waive the City's first right and option to purchase the property, under paragraph 9 of the Deed of Restrictions, from the IDA at the point in time whereby the IDA sells the property to Advance or its assigns and also its first fight and option to purchase from that entity if that entity should sell the property to Maple Leaf Bakery Inc., Maple Leaf USA Inc., or CIBC, Inc.. Members of Council May 19, 1997 Page 5 Authorize the Mayor or City Manager to execute the above waivers and consent forms and any other amendments or documents necessary to conclude the proposed conveyance to Advance or its assigns, subject to approval of the amendments or documents by the City Attorney as to form. Sincerely, W. Robert Herbert City Manager WRI-I/EDC:kdc cc: Assistant City Manager City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Management and Budget Chief, Economic Development 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) 853-254t Fax: ~540) 853-1145 SANDRA H. EAKIN Deputy CJI? Clerk May 21, 1997 File #514 E. Elizabeth Downs, Attorney Moss & Rocovich, P. C. P. O. Box 13606 Roanoke, Virginia 24035 Dear Ms. Downs: Your communication advising of the request of the Rescue Mission of Roanoke, Inc., to withdraw its petition to permanently vacate, discontinue and close an alley beginning at Dale Avenue, S. E., located at the northeast corner of Official Tax No. 4012628 and the northwest comer of Official Tax No. 4012605, continuing south and ending at the southeast comer of Official Tax No. 4012604 and the southwest comer of Official Tax No. 4012605, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 19, 1997. On motion, duly seconded and adopted, Council concurred in the request to withdraw the petition. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm E. Elizabeth Downs May 21, 1997 Page 2 pc; Alan E. Argabright, President, Southeast Action Forum, Inc., 602 Dale Avenue, S. E., Roanoke, Virginia 24013 Temple C. Moore, Sr., et als, c/o Moore and Co., P. O. Box 8335, Roanoke, Virginia 24014 Dominion Signs, Inc., P. O. Box 8246, Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner, w/enclosure John R. Marlles, Agent, City Planning Commission, w/enclosure Evelyn D. Dorsey, Zoning Administrator, w/enclosure Martha P. Franklin, Secretary, City Planning Commission MOSS & ROCOVICH ROANOKE, VIRGINIA 24035 May 16, 1997 FILE NO.: VIA MESSENC_~_R Ms. Mary F. Parker City Clerk 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 Re: Request of the Rescue Mission of Roanoke, Inc. for Vacation of AHey Your File #514 Dear Ms. Parker: We have been advised that our client, the Rescue Mission of Roanoke, Inc., wishes to withdraw its request for vacation of an alley. This request was to be heard at the May 19, 1997, public hearing before City Council. Accordingly, we ask that the matter be struck ~om the agenda for the Monday meeting. We will not send a representative to the meeting Monday night. For your information, I have enclosed a copy o£your letter regarding the public hearing. Should you have any questions, or require additional information, please do not hesitate to contact me. Very truly yours, MOSS & ROCOVICH, P.C. ~ Enclosure cc: John IL Marlles, Chief Planning and Community Development Roanoke City Planning Commission May l9, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the Rescue Mission of Roanoke, Inc., represented by E. Elizabeth Downs, attorney, that certain alley in the southeast area of the City, more specifically described below, be permanently vacated, discontinued and closed: an alley beginning at Dale Avenue on the northeast comer of lot bearing Official Tax No. 4012628 and the northwest comer of lot bearing Official Tax No. 4012605 continuing south and ending at the southeast corner of a lot bearing Official Tax No. 4012604 and the southwest comer ora lot beating Official Tax No. 4012605. I. Back~round: Rescue Mis~i0n is located at the corner of Tazewell Avenue and 4th Street, S.E., in close proximity to 1-581 Expressway. Rescue Mission has plans to expand their operations in the immediate area. Vacation of the subject public alley would be necessary to facilitate the Mission's expansion plans. Application as originally submitted to the Planning Commission requested the closure of three sections of public alleys in the surrounding area. Application did not include any information or plans to describe the extent or configuration of the Rescue Mission's proposed building and expansion plans. City staff'obtalned a copy ora master plan submitted to the Southeast Action Forum by a representative of the Rescue Mission. Master plan was presented to the Forum as the Rescue Mission's current plans for expansion. Representatives of the Southeast Action Forum and residents from the surrounding neighborhood have expressed concern with the proposed construction of a woman's recovery facility at the intersection of 4th Street and Dale Avenue. Application was scheduled for a public hearing before the Planning Commission at its regular meeting of March 5, 1997. Applicant requested that the matter be tabled Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 II. III. IV. until the Commission's next scheduled meeting in order to provide the applicant with ample time to submit an amended application. Current Situation: Application was reviewed by the Planning Commission at its regular meeting of April 2, 1997. Amended application was received on March 19, 1997. Amended application requests the closure and vacation ora certain section of public alley as the same lies and extends from Dale Avenue, S.E., through and between Official Tax Nos. 4012628, 4012601 through 4012604 on the west, and 4012605 on the east (see attached Map A). Alley section extends in a southerly direction from Dale Avenue, S.E., to a platted but undeveloped intersection with another east/westbound alley. Alley section as requested for closure is partially open but does not physically connect with this east/west alley system. Issues: A. Neighborhood impact. B. Traffic impact. C. Utilities within the public right-of-way. D. Creation of a dead-end alley. E. Land use. F. Relationship to the comprehensive plan. Alternatives: Approve the applicant's amended application to close and vacate the described section of alley, subject to certain conditions as outlined in part V of this report. Members of Council Page 3 1. Neighborhood Impact. Closure will have no adverse effect on the neighborhood. 2. Traffic Impact. Closure will have no effect on traffic or traffic needs in the area. 3. Utilities within the public-right-of-way. (a) American Electric Power Company has utilities within the fight-of- way. (b) City has utilities within the rights-of-way. (c) Easements will be retained for the utilities if the subject alley is closed and vacated. 4. Creation ora dead-end alley. Closure will not create a dead-end alley. 5. Land Use. If the alley section is closed and vacated, a subdivision plat should be required to be submitted and recorded to ensure proper disposition of the land within the vacated alley. 6. Relationshin to the Comprehensive Plan. Comprehensive Plan provides that available land should be used in the most appropriate manner. a. Alley does not appear to be serving any useful purpose. b. Abutting property owner could use the land within the alley in a more efficient manner. Deny the applicant's request to close the subject alley. 1. Neighborhood Impact. a. Alley section will be eliminated as an impediment to the Rescue Mission's plans for expansion. b. Closure will not adversely affect any other property owner. 2. Traffic Imnact will not be an issue. 3. Utilities within the public ri~ht-of-way will not be an issue. Members of Council Page 4 4. Creation of a dead-end alley will not be an issue. Land Use. Land within the described alley section will remain in an idle and non-productive status. 6. Relationship to the Comnrehensive Plan would not be an issue. V. Recommendation: Planning Commission, by a vote of 5-0 (Mr. Hill absent) recommends that City Council approve the applicant's amended application to close and permanently vacate the described section of public alley subject to the following conditions: The applicant shall submit to the City for its review and approval, receive approval of, and record in the office of the Roanoke City Circuit Court, a subdivision plat, with said plat providing thereon for the following: Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with the law. The retention of appropriate easements, together with the right of public passage over the same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. If the above conditions have not been met within a period of twelve months from the date of the adoption of the ordinance providing for the closure of the subject fight-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Gilbert E. Butler, Temporary Chairman Roanoke City Planning Commission JRM/ERT/mf attachment cc: Assistant City Attorney Petitioner's Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AMENDED APPLICATION OF THE RESCUE MISSION OF ROANOKE OF ROANOKE, INCORPORATED, FOR VACATION OF CERTAIN Al~l EYS ) ) ) ) ) ) ) ) ) APPLICATION FOR THE VACATING, DISCONTINUING AND CLOSING OF A CERTAIN MEMBERS OF COUNCIL: The Rescue IVr~ssion of Roanoke, Incorporated, ('Rescue M~ssion"), by Co~m~.d, amends its application to have certain alleys adjoining its property in the City of Roanoke, Vir~inl*. permanmtly vacated, discontinued, and closed, pursuant to the Virgin Code Section 15.1-364 and § 30-14 of the Code of the City of Roanoke (1979), as amended. The Rescue 1Wlssion hereby withdraws its request for the closing of the alleys referred to in the original pvtltlon as Alley 1 and Alley 3. The Rescue Mi~ion proceeds with its request for the vacation of the alley previously referred to as Alley 2 (hereinai~er the "alley"). The alley is shown on Tax Map N, mher 401, the relevant portion of which is attached as Exlfibit A to this application, and is descrfoed as follows: That nlley beg/nnln5 at Dale Avenue on the northeast comer of Lot Number 4012628 and the northwest comer of Lot N. mher 4012605 continuing south and ending at the southeast comer of Lot ~ 4012604 and the southwest comer of Lot Number 4012605, and being more pa~ic, lnrly described as follows: BEGINNING at a point on the southerly right-of-way of Dale Avenue, S.E., said point being 90.00 f~t ~omthe easterly right-of- way of 4th Street, S.E.; Thence along the southerly right-of-way of Dale Avenue, S.E., S 79 46' 05" E, 10.00 feet to a point on the northwest comer of the former JeffHayslett propen'y; Thence along the westerly boundaxy of the former I-Iayslett property, S 10 13' 55' W, 130.00 feet to a point on the northerly right-of-way of an existing alley md being the southwest comer of said former Hayslett property; Thence along the northerly ri~oh~-of-way of said alley, lq 79 46' 05" W, 10.00 feet to a point being the southeast corae~ of the form~ ~. R. Lyle propm'y, Thrace along the easterly bouadaty of the form~ ~. R. Lyle property, N 10 13' 55" E, 130.00 feet to the POINT-OF- BEGINNING and being aa alley contlinln~ 1,300 sq. fi. to be closed and vacated by the City of Roaaoke. The Rescue Mission of Roanoke, Incorporated, states that the grounds for this application are as follows. The applicant owns the adjoining property and des/res to use the vacated alley to further develop Rs existing property. At present, the aney is a paper alley and impassable. WHEREFORE, The Rescue Minion of Roanoke, Incorporated, respectfully requests that the above desctt~ alley be vacated by the Council of the City of Roanoke, Virghfia, in accordance with the Virginia Code Section 15.1-364 and § 30-14 of the Code of the Cily of Roanoke (1979), as amended. Date: March ~/'~, 1997 Respectfully subtt~ied, THE RESCUE MISSION OF ROANOKE, INCORPORATED B¥:~ Dennig A. Barbour, Esq. E. IqiTabeth Downs, Esq. MOSS & ROCOVICH, P.C. P.O. Box 13606 Roanoke, VA 24035 2 APPLICATION OF THE RESCUE MISSION, INCORPORATED, FOR THE VACATION OF A CERTAIN Al .~-FY LIST OF AFFEC'I'ED PROPERTY OWNER~ None: Applicant owns all property abutting alley. t D.L K. SOO. Ad Number: 50149706 Publisher's Fee: $134.40 CITY OF ROANOKE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, 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: 05/01/97 FULL RUN - Thursday 05/08/97 FULL RUN - Thursday Witness, this 12th day of May 1997 Authorized Signature THE ROANOKE TIMES Ad Number: ~<'-O / ~ ~ '~O/<:~ Publisher's Fee: $ ?~, ~6 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: N O'~IC E OF PUBUC HFS, RING TO WHOM IT MAY CONCERN; 7he Council of the CI~ of Witness, this day of Authorized Signature , Classified Sales Manager NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, May 19, 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 an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: An alley beginning at Dale Avenue on the northeast corner of a lot bearing Official Tax No. 4012628 and the northwest corner of a lot bearing Official Tax No. 4012605 continuing south and ending at the southeast corner of a lot bearing Official Tax No. 4012604 and the southwest corner of a lot bearing Official Tax No. 4012605. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 29th day of April , 1997. Mary F. Parker, City Clerk. H:\NOTICE/NA-RE SCU I Publish in the J~;~d~L~JJZ~, once on Thursday, May 1, 1997. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: E. Elizabeth Downs, Attorney Moss & Rocovich, P.C. P. O. Box 13606 Roanoke, Virginia 24035 Publish in the ~, once on Thursday, May 1, 1997, and once on Thursday, May 8,1997. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: E. Elizabeth Downs, Attorney Moss & Rocovich, P.C. P. O. Box 13606 Roanoke, Virginia 24035 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 28, 1997 File #514 SANDRA H. EAKIN Deputy City Clerk E. Elizabeth Downs, Attorney Moss & Rocovich, P.C. P. O. Box 13606 Roanoke, Virginia 24035 Dear Ms. Downs: 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 to be held on Monday, May 19, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Rescue Mission of Roanoke, Inc., that an alley beginning at Dale Avenue, S. E., located at the northeast comer of Official Tax No. 4012628 and the northwest comer of Official Tax No. 4012605, continuing south and ending at the southeast comer of Official Tax No. 4012604 and the southwest comer of Official Tax No. 4012605, be vacated, discontinued and closed. The City Planning Commission has recommended approval of the request, subject to the following conditions: A. The applicant shall submit to the City for review and approval, and recordation in the offca of the Roanoke City Circuit Court, a subdivision plat providing for the following: 1. Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law. The retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of- way. E. Elizabeth Downs, Attorney Moss & Rocovich, P.C. April 28, 1997 Page 2 If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. If you have questions with regard to the City Planning Commission report, 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: Alan E. Argabright, President, Southeast Action Forum, Inc., 602 Dale Avenue, S. E., Roanoke, Virginia 24013 Temple C. Moore, Sr., et als, c/o Moore and Co., P. O. Box 8335, Roanoke, Virginia 24014 Dominion Signs, Inc., P. O. Box 8246, Roanoke, Virginia 24014 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 April 28, 1997 File ~L514 SANDRA H. EAKIN Deputy Cit~ Clerk E. Elizabeth Downs, Attorney Moss & Rocovich, P.C. P. O. Box 13606 Roanoke, Virginia 24035 Dear Ms. Downs: 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 to be held on Monday, May 19, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of the Rescue Mission of Roanoke, Inc., that an alley beginning at Dale Avenue, S. E., located at the northeast corner of Official Tax No. 4012628 and the northwest corner of Official Tax No. 4012605, continuing south and ending at the southeast comer of Official Tax No. 4012604 and the southwest corner of Official Tax No. 4012605, be vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attomey, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marries, Chief of Planning and Community Development, at 853-2344. It will be necessaW for you, or your representative, to be present at the May 19 public heating. 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. 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 March 27, 1997 File #5t4 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees there~or, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended application from E. Elizabeth Downs, Attorney, representing the Rescue Mission of Roanoke, Inc. requesting that an alley beginning at Dale Avenue, S. E., located at the northeast corner of Official Tax No. 4012628 and the northwest corner of Official Tax No. 4012605, continuing south and ending at the southeast corner of Official Tax No. 4012604 and the southwest corner of Official Tax No. 4012605 be vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; The Honorable Mayor and Members of the Roanoke City Council E. Elizabeth Downs, Attorney, Moss & Rocovich, P.C., P. O. Box 13606, Roanoke, Virginia 24035 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA AMENDED APPLICATION OF THE RESCUE MISSION OF ROANOKE OF ROANOKE, INCORPORATED, FOR VACATION OF CERTAIN ALLEYS APPLICATION FOR THE VACATING, DISCONTINUING AND CLOSING OF A CERTAIN ALLEY MEMBERS OF COUNCIL: The Rescue Mission of Roanoke, Incorporated, ('~Rescue Mission"), by Counsel, mends its application to have certain alleys adjoining its property in the City of Roanoke, Vir~nia, permanently vacated, discontinued, and closed, pursuant to the Vir~nia Code Section 15.1-364 and § 30-14 of the Code of the City of Roanoke (1979), as amended. The Rescue Mission hereby withdraws its request for the closing of the alleys referred to in the original petition as Alley 1 and Alley 3. The Rescue Mission proceeds with its request for the vacation of the alley previously referred to as Alley 2 (hereinafter the "alley"). The alley is shown on Tax Map Number 401, the relevant portion of which is attached as Exhibit A to this application, and is described as follows: That alley be~nning at Dale Avenue on the noffiaeast comer of Lot Number 4012628 and the northwest comer of Lot Number 4012605 continuing south and ending at the southeast comer of Lot Number 4012604 and the southwest comer of Lot Number 4012605, and being more paxticularly described as follows: BEGINNING at a point on the southerly right-of-way of Dale Avenue, S.E., said point being 90.00 feet from the easterly right-of- way of 4th Street, S.E.; Thence along the southerly right-of-way of Dale Avenue, S.E., S 79 46' 05" E, 10.00 feet to a point on the northwest comer of the former JeffHayslett property; Thence along the westerly boondaxy of the former Hayslett property, S 10 13' 55" W, 130.00 feet to a point on the northerly right-of-way of an existing alley and being the southwest comer of said former Hayslett property; Thence along the northerly right-of-way of said alley, N 79 46' 05" W, 10.00 feet to a point being the southeast comer of the former J. 1~ Lyle property; Thence along the easterly boundary of the former J. 1~ Lyle property, N 10 13' 55" E, 130.00 feet to the POINT-OF- BEGINNING and being an alley containing 1,300 sq. ff. to be closed and vacated by the City of Roanoke. The Rescue Mission of Roanoke, Incorporated, states that the grounds for this application are as follows. The applicant owns the adjoining propel~ and desires to use the vacated alley to further develop its existing property. At present, the alley is a paper alley and impassable. WHEREFORE, The Rescue Mission of Roanoke, Incorporated, respectfully requests that the above desc6bed alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.1-364 and § 30-14 of the Code of the City of Roanoke (1979), as mended. Date: March2~/~', 1997 Denni~ A. Barbour, Esq. E. Elizabeth Downs, Esq. MOSS & ROCOVICH, P.C. P.O. Box 13606 Roanoke, VA 24035 Respectfully submitted, THE RESCUE MISSION OF ROANOKE, INCORPORATED r:Y,.' JOtCoun ei APPLICATION OF THE RESCUE MISSION, INCORPORATED, FOR THE VACATION OF A CERTAIN ALLEY LIST OF AFFECTED PROPERTY OWNER~ None: Applicant owns all property abutting alley. 3 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, 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 from the Rescue Mission of Roanoke, Inc., represented by E. Elizabeth Downs, attorney, that certain alleys in the southeast area of the City, more specifically described below, be permanently vacated, discontinued and closed: (1) an alley beginning at Fourth Street on the southeast comer of Lot bearing Official Tax No. 4012110 and the northeast comer of Lot bearing Official Tax No. 4012115 continuing west to the southwest comer of the lot bearing Official Tax No. 4012115, then continuing south to the end of the alley at the northwest comer of lot beating Official Tax No. 4012119; (2) an alley beginning at Dale Avenue on the northeast comer of lot beating Official Tax No. 4102628 and the northwest corner of lot bearing Official Tax No. 4012605 continuing south and ending at the southeast comer of a lot bearing Official Tax No. 4012604 and the southwest comer of a lot beating Official Tax No. 4012605; and (3) an alley beginning at Dale Avenue at the southeast comer of a lot bearing Official Tax No. 4012248 and the southwest comer of a lot bearing Official Tax No. 4012212 continuing north and ending at the northeast comer of a lot bearing Official Tax No. 4012209 and the northwest comer ora lot bearing Official Tax No. 4012212. 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: Dennis A. Barbour, Esq. E. Elizabeth Downs, Esq. Moss & Rocovich, P.C. P. O. Box 13606 Roanoke, VA 24035 Please 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 ALLEY CLOSURE REQUESTOF: Rescue Mission of Roanoke, Inc., for three alleys in the SE area, more specifically the Dale, 1-581 and 4th Street areas )AFFiAnT ) COMMONWEALTH OF VIRG1NIA ) ) 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, 0950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of February, 1997, notices ora public hearing to be held on the 5th day of March, 1997, on the closures captioned above to the owner or agent of the parcels listed below at their last known address: Porcel 4012110 4012115 4012116 4012117 4012118 4012119 Owner's Name Temple C. Moore, Sr. et als c/o Moore & Co. Dominion Signs, Inc. Mailing Address P. O.Box 8335 Roanoke, VA 24014 P. O. Box 8246 Roanoke, VA 24014 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of February, 1997 otary Public J 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 February 10, 1997 File #514 John R. Madles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Madles: Pursuant to Section 30-14, Procedure for altedng or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from E. Elizabeth Downs, Affomey, representing the Rescue Mission of Roanoke, Inc. requesting that the following alleys be vacated, discontinued and closed: Alley One: Beginning at Fourth Street, S. E., located at the southeast comer of Lot No. 4012110 and the northeast comer of Lot No. 4012115, continuing west to the southwest comer of Lot No. 4012107 and the northwest comer of Lot No. 4012115, continuing south to the end of the alley at the northwest comer of Lot No. 4012119; Alley Two: Beginning at Dale Avenue, $. E., located at the northeast comer of Lot No. 4012628 and the northwest comer of Lot No. 4012605, continuing south and ending at the southeast comer of Lot No. 4012604 and the southwest comer of Lot No. 4012605; and Alley Three: Beginning at Dale Avenue, $. E., located at the southeast comer of Lot No. 4012248 and the southwest comer of Lot No. 4012212, continuing north and ending at the northeast comer of Lot No. 4012209 and the northwest comer of Lot No. 4012212. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. John R. Madles, Agent City Planning Commission February 10, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council E. Elizabeth Downs, Attorney, Moss & Rocovich, P.C., P. O. Box 13606, Roanoke, Virginia 24035 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney MOSS & ROCOVICH ATTORNEYS-AT-LAW A PROFESSIONAL CORPORATION 4415 ELECTRIC ROAD 240~4 P. O. BOX I3606 ROANOKE, VIRGINIA 24035 {540) 774-8800 FAX (540} 774-8808 February 6, 1997 FILE NO.: 4197 0016 Ms. Mat~ F. Parker Clerk, City Council 215 Church Avenue, SW Roanoke, VA 24011 Re: Application to Vacate Certain Alleys Dear Ms. Parker: I have enclosed an original and one copy of an application to have certain alleys located in the City of Roanoke vacated. I have also enclosed a check in the mount of $100.00 to cover the cost of filing the application. Should you have any questions or require additional information, please do not hesitate to contact me. Ve~g truly yours, MOSS & ROCOVICH, P.C. Enclosures IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA APPLICATION OF THE RESCUE MISSION OF ROANOKE, INCORPORATED, FOR VACATION OF CERTAIN ALLEYS APPLICATION FOR THE VACATING, DISCONTINUING AND CLOSING OF CEKTAIN ALLEYS MEMBERS OF COUNCIL: The Rescue Mission of Roanoke, Incorporated, by Counsel, applies to have certain alleys adjoining its property in the City of Roanoke, Vir~nia, permanently vacated, discontinued, and closed, pursuant to the Vir~nia Code Section 15.1-364 and § 30-14 of the Code of the City of Roanoke (1979), as mended. These alleys are shown on Tax Map Number 401, the relevant portion of which is attached as Exhibit A to this application, and are described as follows: Alley 1: That alley be~nning at Fourth Street on the southeast comer of Lot Number 4012110 and the northeast comer of Lot Number 4012115 continuing west to the southwest comer of Lot Number 4012107 and the northwest comer of Lot Number 4012115, then continuing south to the end of the alley at the northwest comer of Lot Number 4012119, and being more particularly described as follows: BEGINNING at a point on the southeast comer of the Temple C. Moore, Sr., et al property, said point being 229.61 feet, more or less, south of the southwest intersection of Tazewell Avenue, S.E. and 4th Street, S.E.; Thence along the westerly right-of-way of 4th Street, S.E., S 09° 18' 55" W, 14.89 feet to a point on the northeast comer of the property formerly owned by Dominion Signs, Inc.; Thence leaving said right-of-way and along the northerly boundary of the former Dominion Signs property, N 81 ° 50' 57" W, 122.01 feet to a point; Thence N 63° 50' 57" W, 15.00 feet to a point; Thence N 38° 50' 57" W, 19.00 feet to a point; Thence S 74° 39' 03" W, 59.50 feet to a point being the northwest comer of the former Dominion Signs property; Thence along the westerly boundmy of the former Dominion Signs property, S 10° 09' 03" W, 133.07 feet to a point on the easterly right-of-way of Interstate 581; Thence along the easterly right-of-way of Interstate 581, N 10° 42' 58" W, 79.82 feet to a point; thence continuing with said right-of-way, N 09° 51' 33" E, 120.03 feet to a point on the westerly boundary of the City Rescue Mission property; Thence along the westerly boundary of said Rescue Mission, S 15° 17' 22" E, 53.19 feet to the southwest comer of said Rescue Mission; Thence along the southerly boundary of said Rescue Mission, N 74° 42' 38" E, 106.60 feet to a point on the westerly boundary of the Temple C. Moore, Sr. property; Thence along the westerly boundary of said Moore property, S 09° 51' 04" E, 36.77 feet to the southwest comer of said Moore property; Thence along the southerly boundary of said Moore propexty, S 81° 47' 34" E, 101.59 feet to the POINT-OF-BEGINNING and being an alley containing 7,815 sq. ff. to be closed and vacated by the City of Roanoke. Alley 2: Alley 3: That alley be~nning at Dale Avenue on the noxtheast comer of Lot Number 4012628 and the northwest comer of Lot Number 4012605 continuing south and ending at the southeast comer of Lot Number 4012604 and the southwest comer of Lot Number 4012605, and being more particularly described as follows: BEGINNING at a point on the southerly right-of-way of Dale Avenue, S.E., said point being 90.00 feet ~om the easterly right-of- way of 4th Street, S.E.; Thence along the southerly right-of-way of Dale Avenue, S.E., S 79° 46' 05" E, 10.00 feet to a point on the northwest comer of the former JeffI-Iayslett property; Thence along the westerly boundary of the former Hayslett property, S 10° 13' 55" W, 130.00 feet to a point on the noctherly right-of-way of an existing alley and being the southwest comer of said former Hayslett property; Thence along the northerly right-of-way of said alley, N 79° 46' 05" W, 10.00 feet to a point being the southeast comer of the former J. 1L Lyle property; Thence along the easterly boundary of the former J. 1L Lyle propeCty, N 10° 13' 55" E, 130.00 feet to the POINT-OF- BEGINNING and being an alley containing 1,300 sq. ft. to be closed and vacated by the City of Roanoke. That alley be~nning at Dale Avenue at the southeast comer of Lot Number 4012248 and the southwest comer of Lot Number 4012212 continuing north and ending at the northeast comer of Lot Number 4012209 and the northwest comer of Lot Number 4012212, and being more particularly described as follows: BEGINNING at a point on the northerly right-of-way of Dale 2 Avenue, S.E., said point being the southeast comer of the City Rescue Mission property and also being 187.00 feet from the easterly right-of- way of 4th Street, S.E.; Thence along the boundary of the City Rescue Mission property, N 10° 12' 33" E, 103.82 feet to a point; Thence a new line through the existing alley, S 88° 58' 02" E, 14.94 feet to a point on the southerly right-of-way of an existing alley and the northwest comer of the City Rescue Mission property; Thence along the westerly boundary of said Rescue Mission property, S 09 o 56' 58" W, 106.46 feet to a point being on the northerly right-of-way of Dale Avenue, S.E. and the southwest comer of said Rescue Mission property; Thence along the noffiterly right-of-way of Dale Avenue, S.E., N 80° 03' 02" W, 15.23 feet to the POINT-OF-BEGINNING and being a portion of an alley containing 1,576 sq. t~. to be closed and vacated by the City of Roanoke. The Rescue Mission of Roanoke, Incorporated, states that the grounds for this application are as follows: 1) la the case of Alley 1, the alley is seldom used and collects drainage water. The applicant deskes to use the alley to further develop its existing property. 2) In the case of Alley 2, the applicant owns the adjoining property and desires to use the vacated alley to further develop its existing property. At present, the alley is impassable. 3) In the case of Alley 3, the applicant owns the adjoining propemy and desires to use the vacated alley to fuffiter develop its existing property. WHEREFORE, The Rescue Mission of Roanoke, Incorporated, respectfully requests that the above described alleys be vacated by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.1-364 and § 30-14 of the Code of the City of Roanoke (1979), as amended. Respectfully submitted, THE RESCUE MISSION OF ROANOKE, INCORPORATED Date: February 6, 1997 By: ~ Of C~sel Dennig A. Barbour, Esq. E. Elizabeth Downs, Esq. MOSS & ROCOVICH, P.C. P.O. Box 13606 Roanoke, VA 24035 4 APPLICATION OF THE RESCUE MISSION, INCORPORATED, FOR THE VACATION OF CERTAIN ALLEYS LIST OF AFFECTED PROPERTY OV~NER~ Alley 1 Tax Map Number: Address: Owner: 4012110 327 Tazewell Avenue, SE Temple C. Moore, Sr. 3476 Peakwvood Drive, SW Roanoke, VA 24014 Alley 2 None: Applicant owns all property abutting alley. Alley 3 Tax Map Number: Address: Owner: 4012211 Tazewell Avenue, SE City of Roanoke Cemetery City of Roanoke 215 W. Church Avenue Roanoke, VA 24011 EXHIBIT M.A.D.B. 1598 PG. 231 2 DALE' AVENUE