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Council Actions 10-15-90
Ha rvey (30267) REGULAR ~EEKLY SESSION ...... ROANOKE CITY COUNCIL October 15, 1990 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by The Reverend Thomas M. Figart, Associate Pastor, Household of Faith Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. A Resolution recognizing and commending the heroic actions of Ms. Doris F. Thurman and Ms. Altha Dowe in connection with the mauling of India Renee Hairston by a vicious dog on October 3, 1990. Adopted Resolution No. 30267-101590. (7-0) PUBLIC HEARINGS Continuation of a public hearing on the request of the City Planning Commission to rezone 131 parcels of land lying approximately south of 22nd Street, S. ~., north of 26th Street, approximately west of Rosalind Avenue, and east of Avenham Avenue, S. W., from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District; to rezone nine parcels of land lying on the south side of Rosalind Avenue, S. W., between 24th Street and 23rd Street, from RM-2, Residential Multi-Family, ~edium Density District, to RS-3, Residential Single Family District; and to rezone 22 parcels of land lying on the south side of Broadway Avenue, S. W., between Longview Avenue and McClanahan Avenue, from RM-2, Residential Multi-Family, Medium Density District, to RM-1, Residential Multi-Family, Low Density District. Mr. John R. Marlles, Agent/Secretary, City Planning Commission. Adopted Ordinance No. 30268 on first reading. (?-o) (1) C-2 C-3 CONSENT AGENDA (Approved 6-0, Mr. Fitzpatrick was out of the Council Chamber.) ALL ~TTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE ~OTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of Council held on Monday, June 4, 1990; Monday, June 11, 1990; Monday, June 18, 1990; and Monday, June 25, 1990. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees 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 Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. A communication from Mr. Michael M. Waldvogel tendering his resignation as a member of the City Planning Commission, effec- tive immediately. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. Concurred in a request of Vice-Mayor Musser for an Executive Session to discuss a personnel matter being the appointment of a specific public officer, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: A communication from Mr. Alton B. Prillaman, Secretary, Roanoke City Electoral Board, recommending adoption of a measure amending the City Code in order to reflect name changes of certain city schools which are used as polling places on election day. Adopted Ordinance No. 30269-101590. was out of the Council Chamber.) (6-0, Mr. Fitzpatrick (2) 5. Reports of Officers: a. City Manager: Briefings: 1. A report with regard to the Flood Insurance Program, Community Rating System. Concurred in the report. The City Manager to the status Project. presented an oral briefing with regard of the Hotel Roanoke/Virginia Tech Items Recommended for Action: A report recommending approval of the request of Yellow Cab Services of Roanoke, Inc., for an increase in the rates presently charged for taxicab service and for- hire automobiles in the City of Roanoke. Adopted Ordinance No. 30270-101590. (7-0) o A report recommending execution of a contract with the Roanoke Valley Society for the Prevention of Cruelty to Animals for operation and maintenance of an impoundment facility, as well as care and disposition of animals delivered to said facility by City Animal Control Officers; and appropriation of funds therefor. Adopted Ordinance No. 30271-101590 and Resolution No. 30272-101590. (7-0) A report recommending award of an engineering services contract to Lumsden Associates, P. C., in an amount not to exceed $147,990.00, to provide engineering services for the Luck Avenue By-Pass Storm Drain; and transfer of funds therefor. Adopted Ordinance No. 30273-101590 and Resolution No. 30274-101590. (7-0) 5. A report recommending adoption of proposed amendments to the City's noxious weed ordinance. Adopted Ordinance No. 30275-101590. (7-0) 6. a. A report of the City Manager with regard to the City's current vicious dog regulations. b. A report of the City Attorney with regard to adoption of legislation regulating "vicious" and "dangerous" dogs. Adopted Resolution No. 30276-101590. (7-0) (3) b. Director of Finance: A report recommending appropriation of $57,384.00 in program income received from the Roanoke Redevelopment and Housing Authority, Greater Roanoke Transit Company, and other sources. Adopted Ordinance No. 30277-101590. (7-0) c. City Attorney: 1. A report transmitting a proposed Legislative Program for the 1991 Session of the General Assembly. Referred to the Legislative Committee to be appointed at a later date. A public hearing was scheduled with regard to proposed City Charter amendments on Monday, November 12, 1990, at 7:30 p.m. 6. Reports of Committees: A report of the committee appointed to tabulate bids received for repair of structural fire damage and replace- ment of electrical wire and conduit at the Roanoke Civic Center Auditorium, recommending award of a contract to Construction Services of Roanoke, Inc., in the amount of $92,850.00; and appropriation of funds therefor. Council Member ~illiam White, Sr., Chairman. Adopted Ordinance No. 30278-101590 and Ordinance No. 30279-101590. (7-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30264, on second reading, rezoning a tract of land located at 5105 Williamson Road, N. ~., identified as Official Tax No. 2190616 and portions of Official Tax Nos. 2190602 and 2190603, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30264-101590. (?-0) Ordinance No. 30265, on second reading, rezoning a tract of land located on the east side of Mecca Street, N. E., south of Orange Avenue (U.S. 460), identified as Official Tax Nos. 7090401 and 7080101, from RS-3, Residential Single-Family District, to L~, Light Manufacturing District. Adopted Ordinance No. 30265-101590. (7-0) (4) 10. 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and ~embers of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session. (6-0, Mr. Fitzpatrick was out of the Council Chamber.) Reappointed Mr. Richard L. Meagher - Architectural Review Board (5) IN THE COUNCIL OF THE CITY OF The 15th day of October, 1990. No. 30267-101590. ROANOKE, VIRGINIA, A RESOLUTION recognizing and commending the heroic actions of Ms. Doris F. Thurman and Ms. Altha Dowe in connection with the maul- ing of India Renee Hairston by a vicious dog on October 3, 1990. WHEREAS, on the morning of October 3, 1990, Ms. Doris F. Thurman was awakened by the screams of neighborhood children, and, upon looking out the window, she observed a neighborhood child, India Renee Hairston, age 5, being attacked by a Rottweiler type dog; WHEREAS, Ms. Thurman ran across the street in her robe and barefoot and courageously attempted to pull the dog off the child; WHEREAS, when Ms. Thurman was unable to get the dog to unlock its jaws despite her valiant efforts, she flagged down motorists seeking their help, then ran back to her home and called for emergency services personnel and then ran across the street and summoned the owner of the dog; WHEREAS, Ms. Altha Dowe, a teacher at Roundhill Elementary School, was one of the motorists who observed the vicious attack, and she immediately jumped from her automobile and started beat- ing the dog with her purse in a brave defense of the victim; WHEREAS, once the dog was finally separated from India Renee Hairston, Ms. Dowe consoled the victim's two brothers and drove them to school; WHEREAS, Ms. Thurman and Ms. Dowe acted immediately and vol- untarily in defense of a fellow human being without regard for their own lives and safety; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this means of recognizing and commend- ing the heroic contributions of Ms. Doris F. Thurman and Ms. Altha Dowe who instinctively acted courageously and compassionately in coming to the defense of a helpless child being mauled by a large vicious dog. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Doris F. Thurman and Ms. Altha Dowe. 3. The City Council extends it sympathy and regrets and that of all the citizens of the City to India Renee Hairston and her family, along with best wishes for a full and speedy recovery. ATTEST: City Clerk. MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES"FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the Mayor October 15, 1990 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: [ wish to request an Executive Session to discuss personne! matters relating to vacancies on various authorities, boards, commissions and corrgnittees appointed by Council, pursuant to Section 2.1-344 (a) (1)~ Code of Virginia (1950), as amended. Sincereiy, Noel C. Taylor Mayor NCT: se Room 452 Municipal Building 215 Church Avenue, S. W., Roanoke, Virginia 24011 (703) 981-2444 Office of the City Clerk October 17, 1990 File #200 Sr. Michael M. Waldvogel ~aldvogel, Poe & CronK 30 West Franklin Road Roanoke, Virginia 24011 Dear Mr. Waldvogel Your communication tendering your' resignation as a member of the City Planning Commission, was before the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. On motion, duly seconded and adopted, the communication was received and filed, and the resignation was accepted with regret. The ~ayor and Members of City Council requested that I express their sincere appreciation for the many services you have rea- dered to the City of Roanoke as a member of the Planning Commission. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of Council. Sincerel~ ~L~_~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. John Commission R. ~arlles, Agent/Secretary, City Planning Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 REAL ESTATE GROUP, lNG. 800 Professional Arts Building 30 W. Franklin Road Roanoke, Virginia 24011 703/982-2444 Fax/342-8549 October 8, 1990 The Honorable Noel C. Taylor, Mayor City of Roanoke Virq~n~ 215 Church Avenue Roanoke, Virginia 24011 Dear Mayor Taylor, It has been my pleasure to serve the Council and the People of Roanoke since April 1980 as a member of the Planning Commission. This has been an exciting decade in our history and I am proud, as all Roanoker's should be, of the accomplishments of Council, the Administration and our Citizens. I had planned to tender my resignation earlier in the year. However, several Planning Commission projects and a vacancy on the Commission required that I delay until now my action. These issues have passed and I now ask that you accept my resignation effective immediately. Thank you for having provided me the opportunity to serve. Sincerely, MMW/l:nct.tga Office of the City Clerk October 17, 1990 File #24A-40 Hr. Alton B. Prillaman, Secretary Roanoke City Electoral Board P. 0. ~ox 2865 Roanoke, Virginia 24001 Dear ,Yr. Prillaman: ! am enclosing copy of Ordinance No. 30269-101590 amending and reordaining §§10-46, Same Voting place; 10-50, Same Voting place~; and 10-60, Same Voting place, Code of the City O~ ~oanoke (1979), as amended, to provide for the current names of three voting places in Lhe City; viz: William Ruffner ~iadle School, Roanoke Academy for Mathematics and Science and ~oodrow ~ilson Middle School. Ordinance No. $0269~101590 was adopted by the Council of Lhe City of Roanoke at a regular meeting held on ~onday, October 15, 1990. Sincerely, ~ary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Ms. Sharon L. Carrington, Registrar Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 1990. No. 30269-101590. AN ORDINANCE to amend and reordain 10-50, Same - Voting place; and 10-60, the City of Roanoke (1979), as amended, names of gency. §§10-46, Same Voting place; Same - Voting place, Code of to provide for the current three voting places in the City; and providing for an emer- BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The following sections of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: §10-46. Same - Votin~ place. The voting place in Peters Creek Precinct shall be established at the William Ruffner Middle School, located at 3610 Ferncliff Avenue, N. W. §10-50. Same - Votin~ place. The voting place in Eureka Park Precinct shall be established at the Roanoke Academy for Mathematics and Science, located on the north side of Carroll Avenue, N. W., between Nineteenth Street, N. W., and Twentieth Street, N. W. §10-60. Same - Voting place. The voting place in Raleigh Court Precinct No. 2 shall be established at Woodrow Wilson Middle School, located at 1813 Carter Road, S. W. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. ELEC?OP~A~L BOARD MELBA C. PIRK£Y, Chairman CHARLES T. GREEN, Vice Chairman ALTON B. PRILLA#AN, Secretary October 2, 1990 Honorable Noel C. Taylor, Mayor, and Members of City Council Municipal Building Roanoke, Virginia 24011 RE: School Name Changes (Schools used as polling places) Dear Members of Council: Due to changes that have taken place with the city school administration, we have been informed that certain schools have taken on either a partial or complete name changes. These changes should be reflected in the City Code and on other legal docu- ments as well as the voters being notified of such changes. We now request City Council to consider the adoption of an ordinance that will reflect the name changes of the following city schools which are used New Name William Ruffner Middle School Woodrow Wilson Middle School Roanoke Academy for Mathematices and Science as polling places on election day: Old Name William Ruffner Jr. High School Woodrow Wilson Jr. High School Northwest Elementary School I have taken the liberty of forwarding a copy of this correspondence to the Office of the City Attorney. Sincerely, Alton B Przllaman, Secret y Roanoke City Electoral Board cc: William X Parsons, Assistant City Attorney Roanoke, Virginia October 15, 1990 Honorable Mayor and City Council Roanoke Virginia Dear Members of Council: Subject: Briefing: Flood Insurance Program; Community Rating System I. Background: Federally subsidized flood insurance became available to citizens of Roanoke in October 1978 after passage of the City's Floodplain Ordinance. Lack of incentives has prevented many localities from taking proactive flood mitigation measures against flooding. Consequently, flood insurance policy holders in progressive communities, such as Roanoke, subsidize flood policies in other localities. Community Rating System was developed by the Federal Emergency Management Agency (FEMA) to measure a municipal- ity's commitment to reducing flood damage. Flood mitigation measures initiated by the City include the Williamson Road Storm Drain Project, the Roanoke River Flood Reduction Project, Peters Creek Flood Reduction Project, purchase of flood prone property, buy floodproof-resale program, etc. II. Current Situation: December~ 1990 Application Deadline has been set by FEMA for initial applications for a Community Rating. By filing an application, a flood insurance policy holder in the City of Roanoke will automatically receive a five (5) percent reduc- tion in premiums. A final Community Ratinq will be established during 1991 for those communities who apply prior to December 1990. The final rating score will be between i and 10. For each number below 10, policy holders receive a five (5) percent reduction in premiums. Page 2 City staff plans to prepare an application for submittal to F'EMA during the month of October. The purpose of this report is to notify Council of the program, and our intentions to submit an application. A Flood Hazard Mitigation Plan and a Flood Preparedness Plan for Roanoke needs to be developed by City Staff prior to FEMA's evaluation in 1991. Based on these plans, FEMA will measure the City's commitment to various programs related to flood damage reduction. III. Issues: A. Public Awareness B. C.ity Commitment C. Cost Savings IV. Alternatives: Ae Concur in the City Manager submitting the necessary applica- tion for the City of Roanoke to participate in the Flood Community Rating System. Public Awareness of flood problems and flood damage reduction will be enhanced from better information required by the program. 2. City Commitment to flood mitigation and preparedness will be insured over the long term. 3. Cost Savings will be realized by citizens through lower flood insurance premiums. Do not concur in the City Manager submitting the necessary application for the City of Roanoke to participate in the Flood Community Rating System. 1. Public Awareness will remain at current levels. City Commitment to flood mitigation and preparedness will remain at the current level. Presently our commit- ment is at its strongest level ever as evident by the Roanoke River Flood Reduction Project, Peters Creek Flood Reduction, Luck Avenue Storm Drain, Williamson Road Storm Drain, etc. 3. Cost Savings in flood insurance premiums would not be realized. Page 3 VI. Recommendation is to concur in the City Manager submitting the necessary application for the City of Roanoke to participate in the Federal Emergency Management Agency's Community Rating System. Respectfully submitted, W. Robert Herbert City Manager WRH/JAP/mm cc: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Building Commissioner/Zoning Administrator MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 June 29, 1993 SANDRA H. EAKIN Deputy City Clerk File #24-47 Mr. Robert L. Laslie Vice President - Supplements Municipal Code Corporation P. O. Box 2235 Tallahassee, Florida 32304 Dear Mr. Laslie: I am enclosing copy of Ordinance No. 30270-101590, adopted on October 15, 1990, amending and reordaining subsection (g) of Section 34-130, Rate schedule, of the Code of the City of Roanoke (1979), as amended, in connection with rates for services rendered by taxicabs and for-hire automobiles. Please include the above referenced amendment in the next supplement to the Roanoke City Code. With kindest regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. Wilburn C. Dibling, Jr., City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th.4ay of October, 1990. No. 30270-101590. VIRGINIA, AN ORDINANCE amending and reordaining subsection (g) of §34-130, Rate schedule, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE 1. Roanoke IT ORDAINED by the Council of the City of Roanoke as follows: Subsection (g) §34-130, Rate schedule, Code of the City of (1979), as amended, is amended and reordained as follows: §34-130. Rate schedule. (g) The rates for services rendered by taxicabs and for-hire automobiles shall be as follows: (1) Distance rates: For the first one-seventh mile or frac tion thereof, one dollar and sixty cents ($1.60). For each additional one-seventh mile or fraction thereof, twenty cents ($0.20). (2) Time rates: For each one minute of wait- ing time, twenty cents ($0.20). While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (3) Extra ~assen~ers: For each additional passenger, thirty cents ($.30). 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk October 17, 1990 File #47 Mr. ~. Robert Herbert City Massager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30270-101590 amending and reordaining subsection (g) of §34-130, Rate schedule, of the Code of the City of Roanoke (1979), as amended,- i~---connection with rates for Services rendered by taxicabs and for-hire automobiles. Ordinance No. 30270-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 15, 1990. Sincerely, ~~ ~4ary F. Porker, C~4C/AAE City Clerk MFP:ra pC: Mr. T. E. Roberts, President, Yellow Cab Services of Roanoke, Inc., P. O. Box 12588, Roanoke, Virginia 24026 Mr. Richard F. Pence, Attorney, p. 0. Box 1371, Roanoke, Virginia 24007 The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th day of October, 1990. No. 30270-101590. VIRGINIA, AN ORDINANCE amending and reordaining subsection (g) of Rate schedule, of the Code of the City of Roanoke (1979), as and providing for an emergency. §34-130, amended; BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (g) §34-130, Rate schedule, Code of the City Roanoke (1979), as amended, is amended and reordained as follows: of §34-130. Rate schedule. (g) The rates for services rendered by taxicabs and for-hire automobiles shall be as follows: (1) Distance rates: For the first one-seventh mile or fraction thereof, one dollar and sixty cents ($1.60). b. For each additional one-seventh mile or fraction thereof, twenty cents ($0.20). (2) Time rates: For each one minute of wait- ing time, twenty cents ($0.20). While a charge is made for waiting time, there shall be no charge for mileage under the foregoing distance rates. (3) Extra passengers: For each additional passenger, thirty cents ($.30). 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia October 15, 1990 Honorable Mayor and City Council Roanoke, Virginia Subject: Taxicab Rate Increase Dear Members of City Council: I. Background: A. Current taxicab rates were approved by City Council on August 12, 1985, and took effect on August 26, 1985, per Ordinance No. 27774. B. Meetinq was held between representatives of the cab companies and the ~-~Administration to review data concerning current rates and cab company revenues and expenditures since the last rate increase. II. Current Situation: A. Rate increase is being requested by Yellow Cab Services of Roanoke, Inc. (see attached petition). Middle east situation was not anticipated when this request was filed, and the resulting increase in gasoline prices will make it more difficult to allow the company's drivers to earn a fair wage under the currently approved rat,,e str.ucture. .Under the company's current operating scheme, drivers collect tares and then pay vehicle lease payments to t]~e company and operating expenses from the total fares collected. III. Analysis: Averaqe cab trip is 2 miles in lenqth. The rate increase requested will increase the cost from the current $3.60 to a new rate of $4.20, an increase of $.60 for the trip. This equates to a 16.7% increase (see Attachment A). Consumer Price Index has increased 20.7% since August, 1985, when the last taxicab rate increase took effect. Increased expenses experienced by Yellow Cab since the last rate increase have been primarily in the areas of insurance (insurance costs have increased 60.0%), motor vehicle repair (repair costs have increased 100.0%), and purchase of new taxicabs (cost of new taxicabs has increased 30%) - see Attachment B. Financial statements from Yellow Cab Services indicate that a 16.7% increase in revenue is needed. The company experienced a $73,187 loss in the fiscal year ended December 31, 1989 - the first six months of the current fiscal year show a $42,177 loss (see Attachment C). Honorable Mayor and City Council Page 2 Increased taxicab rates will allow Yellow Cab to attract and retain competent responsible drivers due to higher earn ngs potent al while allowing the company to generate increased revenues from vehicle eas ng fees that it charges its drivers. Rates charqed in selected localities in Virginia are attached as Attachment D. Phase-in of increased taxi cab rates has been explored with company management, however, this approach is not cost-effective for the company. In order to implement a rate change of any magnitude, the electronic taximeter device in each cab must be physically altered with new parts and then re-calibrated under the supervision of the State Department of Weights and Measures. This process takes about 30 days to change over all cars at a total cost for parts and labor of $2,800. IV. Issues: A. Public service B. Increased expenses C. Comparable rates Alternatives: A. Council approve the rate increase requested 1. Public service will continue to be provided. 2. Increased expenses warrant the requested rate increase. 3. Comparable rates will soon be charged in other localities in Virginia, as the majority of taxicab companies in localities surveyed ind cared that they will be seeking rate increases to offset increased costs. B. Council disapprove the requested rate increase 1. Public service could not continue to be provided if rates are not sufficient to cover the expenses of operating the business. 2. Increased expenses would continue so long as the service was provided. 3. Comparable rates would generally be higher in other communities in the State, as the majority of taxicab companies in Iocalit es surveyed indicated that they will be seeking rate increases to offset increased costs. Honorable mayor and City Council Page 3 VI. Recommendation: A. Council approve the requested rate increase in accordance with Alternative A. B. Annual rate review by the cab companies continue to be encouraged. Respectfu~t~ W. Robert Herbert City Manager WRH:BLK:mds Attachments CC; Mr. Richard F. Pence Yellow Cab Services of Roanoke, Inc. City Attorney Director of Finance Commissioner of Revenue TO THE COUNCIL OF THE CITY OF ROANOKE: Yellow Cab Services of Roanoke, Inc., hereby respectfully petitions the Council for an adjustment in rates for taxicab service and for-hire automobiles in the City of Roanoke, which rates are regulated by Council under Section 34- 130 of the Code of the City of Roanoke (1979), as amended. There has been no increase in taxicab fares for five years. Because of continuing and substantial increases in the cost of doing business, your petitioner is compelled to petition Council for an adjustment in the rates for service. The proposed new rates represent an approximate seventeen percent (17%) increase over present rates, and are required if the cab company is to partially offset increased costs of doing business which have been experienced since Council last allowed an increase by ordinance adopted August 26, 1985. The increased costs are dramatic: wages (office and garage) are up 80% over 1985 wages; insurance costs are up 60%; repair costs are up 100%~ the cost of new taxicabs has increased 30%; and other costs are commensurately higher. With low unemployment in the Roanoke Valley, it is becoming increasingly difficult to obtain competent, responsible drivers. The requested increase will provide higher earnings to this traditionally underpaid segment of the work force. - 2 - A draft of an ordinance containing the proposed amendments is attached and, if adopted, will increase the initial rate from $1.40 (1/6 mile) to $1.60 (1/7 mile), and the mileage rate from 20 cents for each additional 1/6 mile to 20 cents for each additional 1/7 mile. Since the average trip in Roanoke presently costs $3.60 (2 miles), the averaqe increase in fare will be 60 cents per trip, an increase of 17%. There will also be a modest increase for extra passenqers: from 20 cents per extra passenger to 30 cents per extr~ passenger. There will be no increase in the charge for waitinq time. Since Council last increased taxicab rates in 1985, Yellow Cab has continued to meet adequately the public's need for taxicab service in the City of Roanoke. This service is now being provided only by Yellow Cab, but at heavy financial loss to the Company. The proposed increase in rates is in line with those proposed or in effect in major cities in Virginia and throughout the nation. It should be noted that many cities levy extra charges not found in Roanoke (e.g., for packages, laundry, night service, etc.). It should be further noted that the taxicab industry is not subsidized in any manner whatsoever by any governmental aqency, at any level. - 3 - Copies of this petition, with supporting data, have been delivered to the City Manager for study and report, and it is respectfully requested that the Council grant the request of this petition as expeditiously as possible. Respectfully submitted, YELLOW CAB SERVICES OF ROANOKE, INC. By T. E. Roberts J Attachment A PRESENT TAXICAB RATES IN ROANOKE (SINCE AUGUST 26r 1985): $2.40 1 mile 3.60 2 miles 4.80 3 miles 6.00 4 miles PROPOSED NEW TAXICAB RATES IN ROANOKF PERCENTAGE INCREASE OVER PRESENT RATES $2.80 I mile 16.67% 4.20 2 miles 16.67% 5.60 3 miles 16.67% 7.00 4 miles 16.67% AVERAGE TAXICAB TRIP IN ROANOKF: Distance: 2 miles Present cost: $3.60 Proposed new cost: $4.20 Percentage increase over present cost: 16.67% Attachment B YELLOW CAB SERVICES OF ROANOKE, INC. Increases in Cost of Operation (since Auqust, 1985) Insurance Wages (garage and office) Gasoline Repair costs Taxicab (new vehicles) Miscellaneous (radios, taximeters, etc.) % of Increase 60% 80% 20% 100% 30% 20% Attachment C YELLOW CAB SERVICES OF ROANOKE, INCORPORATED STATEMENTS OF INCOME Years Ended December 31, 1989 and 1988 Page 5 REVENUE Lease income (Note 5) Taxicab receipts (Note 5) Garbage receipts Parking income Vending machine income Office/garage expense reimbursement Claims recovered - cabs Sale of equipment Interest Fuel tax credit Miscellaneous OPERATING EXPENSES Salaries Payroll taxes Gross receipts tax Miscellaneous taxes - cabs License expense Depreciation expense Gas and oil Repairs/tires Insurance - cabs Building - rent Building - maintenance Advertising expense Bad debts Telephone expense Check expense Office supplies General expense Professional services Insurance - group Cash over and short Interest Net income (loss) 1989 1988 454,614 $ 2,372 137 13,698 3,751 1,781 58 g.03~ 485.446 155,454 733,784 52 1,471 153 15,598 12,406 ( 3,600) 655 8,573 485 188,983 496,438 13,944 29,862 3,812 3,558 5,401 13,836 2,489 4,451 43,431 26,917 7,273 83,377 115,064 119,609 75,714 71,860 18,000 15,600 6,260 .6,136 2,920 4,399 1,427 16,040 15,544 80 169 4,410 5,417 4,693 4,016 11,278 3,283 27,288 8,985 1,420 10.126 5,969 558,633 920.840 $( 73.187) $ 4.191 See Accountants' Report. The Notes to Financial Statements are an integral part of these statements. ~-~ Attachment C (Continued) YELLOW CAB SERVICES OF ROANOKE, INCORPORATED STATEMENT OF LOSS Six Months Ended June 30, 1990 REVENUE Taxicab lease income Garage receipts Parking receipts Miscellaneous 233,730 7,270 1,170 103 EXPENSES Officer's salaries Other salaries and wages Maintenance and tires Gasoline and oil Depreciation General insurance Gross receipts tax Payroll and other taxes Licenses Building and office rental Building maintenance Advertising Telephone Office supplies Professional services Group insurance Other expenses Interest expense 92,73:2 45,212 2,326 25,790 42,187 1,927 10,984 3,6613 6,400 4,448 1,224 11,900 2,368 6,636 16,20'7 2,45{3 7,996 284,450 NET LOSS $< 42.177) Attachment D 00 0~ = E ~ ~ o ¢~ '~ '~1.- Office of the City Clerk October 17, 1990 File #54 ~r. W. Robert Herbert City ~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resoiution No. 30272-101590 authorizing you to enter into a contract with the Roanoke Valley Society for the Prevention of Cruelty ~o Animals providing for the Society's operation and maintenance of an impoundment facility for animals delivered to the facility by the City Animal Control Officers and providing further for proper care and disposition of such animals by the Society. Resolution No. 30272-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~Ionaay, October 15, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: ~r. ~ark R. Finkler, Chairman, Shelter Committee, Roanoke Valley SPCA, Inc., P. 0. Box 11863, Roanoke, Virginia 24022 Mr. Joel M. Schlanger, Director of Finance ~r. George C. 5head, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police ~r. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE The 15th Day of October, 1990. No. 30272-101590. A RESOLUTION authorizing the City Manager to enter into a contract with the Roanoke Valley Society for the Prevention of Cruelty to Animals providing for the Society's operation and maintenance of an impoundment facility for animals delivered to the facility by the City Animal Control Officers and providing further for proper care and disposition of such animals by the Society. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the Roanoke Valley Society for the Prevention of Cruelty to Animals for the provision by such Society of an impoundment facility for animals delivered to the facility by the City's Animal Control Officers and providing further for the care of all animals delivered to such facility by any police officer or other animal control the Society $4,080.00 per month for officer of the City; 2. The City shall pay such services; 3. The form of the agreement shall be substantially as set forth in the attachment to the City Manager's report to Council dated October 15, 1990 and shall be approved by the City Attorney. ATTEST: City Clerk. - 2 - Office of the City Clerk October 17, 1990 File #60-54 Ur. Joe[ ~. $chlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance. No. 30271-101590 amending and reordaining certain sections of the 1990-91 Ceneral Fund Appropriations, providing for the transfer of $6,80~.00 from Contingency to Public Safety, Animal Control, Fees for Professional Services, in connection with execution of a contract with the Roanoke Valley Society for the Prevention of Cruelty to Animals for operation and maintenance of an impoundment facility, as well as care and disposition of animals delivered to said facility by City Animal Control Officers. Ordinance No. 30271-101590 was adoptea by the Council of the City of Roanoke at a regular meeting held on ~onday, October 15, 1990. Sincerely, ~~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra ErlC. pc: Mr. W. Robert Herbert, City Manager ~r. George C. Snead, Jr., Director of Administration Public Safety Mr. ~. David Booper, Chief of Police Mr. Barry L. Key, Manager, Office of ~anagement and Budget and Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN 'rlt~ COUI~CIL OF 'rlt~ CItY OF RO/~NOKEv VIRGINIA The 15th Day of October, 1990. No. 30271-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 1990-91 General Fund Appropriations, be, and the hereby, amended and reordained to read as follows, same are in part: A ro riations Public Safety Animal Control (1) ................................ Nondepartmental Contingency - General Fund (2) .................... $27,396,108 250,584 12,216,685 874,329 1) Fees for Prof. Services (001-050-3530-2010) $ 6,800 2) Contingency (001-002-9410-2199) (6,800) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. October 15, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Authorization to Enter Into a New Agreement with S.P.C.A. I. Background: First written agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to the operation of an animal shelter by the Society and the boarding, collecting of fees and disposition of animals impounded by the City was entered into on May 25, 1979. Agreement was amended by Ordinance No. 25612, June 12, 1981 and by Ordinance No. 27968 on January 20, 1986. The 1986 amendment adjusted the monthly fee to its present rate of $3,400 per month. II. Current Situation: S.P.C.A. requests consideration for an increase in monthly fees from $3,400 per month to $4,080 per month effective September 1, 1990. This represents a 20% increase or 5% per year since the 1986 amendment agreement which reflects the Society's increased operating costs. (Consumer price index has increased 19% since the last fee increase.) City's percentage of shelter usage is calculated at approximately 45% of the total available space at the S.P.C.A. Law requires the City retain custody of impounded animals for a minimum of five days if the animal is not released to its owner. After the five days, the animal may be transferred to the custody of the S.P.C.A. for disposition. De Eighty percent of the imDounded animals are held by the City for a full five days. Twenty percent are released to owners after an average of a three day impoundment. Fees paid to the S.P.C.A. by the City during FY 89/90 were $40,916 which represents the contract costs plus distemper shots for those animals not euthanized. F. S.P.C.A. is the only organization and facility practically available to provide these services. Honorable Mayor and City Council Page 2 October 15, 1990 III. Issues: A. Service availability B. Cost C. Equity D. Funding IV. Alternatives Council approve a contractual agreement authorizing an increase in the monthly fees paid by the City from $3,400 to $4,080 in order to assume a more equitable share of the actual cost for services rendered by S.P.C.A. to the City. 1. Service availability will be assured. Cost will be increased by $680 per month. Total additional cost for fiscal year 1990-91 is $6,800. Equity in sharing of actual cost for City impounded animals will be addressed. Funding of $6,800 is available in Account #001-002-9410-2199. Do not aDDrove a contract amendment to increase the S.P.C.A. monthly fees. Service availability may be jeopardized The City's contractual agreement with the S.P.C.A. may be terminated by either party upon sixty (60) days written notice. 2. Cost will not immediately increase. Equity in sharin~ of actual cost of services received by the City will not be addressed. 4. Fundin~ will not be required. Honorable Mayor and City Council Page 3 October 15, 1990 V. Recommendations: ADDrove the contractual agreement with the S.P.C.A. as outlined in Alternative A. Authorize the City Manaqer to sign the amended agreement (attached). ADpropriate $6,800 to Animal Control, Account #A01353020010 from the General Fund Contingency Reserve Account 001-002-9410-2199 to provide an increase of $680 per month effective September 1, 1990. Respectfully submitted, W. Robert Herbert City Manager WRH:MDH:mr attachments AGREEMENT THIS AGREEMENT, made and entered into this __day of , 1990, by and between the CITY OF ROANOKE, VIRGINIA hereinafter designated as the "CITY" and the ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, a non-profit corporation, hereinafter designated as the "Society:" WI TNES SETH: FOR AND IN CONSIDERATION of the mutual convenants herein contained, and subject to the conditions herein set forth, the parties mutually covenant and agree as follows: I. The Society agrees as follows: A. For a fee of $4,080.00 per month, to impound and care for, at the Society's Shelter all animals delivered to it by any police officer of the City or by all other persons authorized by the City to confiscate animals for impoundment. B. To place or euthanize all animals not redeemed, pursuant to the provisions of the Code of the City of Roanoke, Virginia, and the Code of Virginia, as amended. C. To provide controlled drugs for euthanasia and all applicable and appropriate licences and documentation required by the Virginia Board of Pharmacy and the U. S. Drug Enforcement Administration. D. To maintain and publicize appropriate hours of operation at the Shelter for the convenience of the public and for the impoundment of animals, provided, however, the shelter may be closed on Sundays, holidays and at such other times as the Society shall determine to be compatible with the sound operation of the Shelter. E. To maintain accurate written accounts of all animals impounded, and all animals delivered to and accepted by the Society, and all fees and other monies collected from redemption of impounded animals; to deposit weekly all monies to the City Treasurer. The Society's records shall be open for inspection by authorized representatives of the City during regular office hours. F. To designate one person in the regular employment of the Society as Administrator. The Administrator shall be the official agent of the Society in dealing with the City, and the person responsible for carrying out the duties of the Society under this agreement. G. To carry out all procedures required by State Law and local ordinances with respect to any impounded animals which has bitten a person. H. To provide access to the Shelter 24 hours per day to authorized animal control personnel of the City. I. To provide office space in the Shelter to authorized animal control personnel for a monthly maintenance fee of $25. J. To allow the City to park and store its animal control vehicles on Society premises at City's risk. of euthanized animals. To provide for the proper disposal II. The City agrees as follows: A. To employ such personnel as it deems necessary and proper to enforce the ordinances of the City of Roanoke and the laws of the State of Virginia concerning animals and their control. B. To deliver to the Society at its Shelter all relevant animals confiscated for running at large. C. To provide, at its expense, equipment necessary for communications between the Shelter and animal control vehicles, including telephone service for the animal control officers; to supply its own office equipment and supplies, including such forms as may be required to be filled out by Shelter personnel in the administration of this agreement. D. To designate a City official with whom communication is to be made pursuant to this agreement. E. That the City animal control officers and other City workers shall comply with the Society's rules and regulations as they pertain to the operation of the Shelter. F. The City shall provide daily (Monday through Friday) dumpster pick-up to the Society, and shall maintain, repair, or replace as necessary the dumpster in use by the Society. G. To allow all animals presented for adoption by the Society (i.e. not claimed by their rightful owner) to be placed in accordance with the Society's adoption policies then in effect. H. To permit the Society to have control over all animals in the Shelter once the animals are delivered to the Shelter by the animal control officers, subject, however, to the provisions of the Code of the City of Roanoke, Virginia and the laws of the Commonwealth of Virginia. I. The city agrees to pay the Society within 30 days amounts due according to statements issued by the Society, and verified by the City, as of the last calendar day of each month. III. The City, for itself, its agencies, assigns and successors does hereby remise, release, and forever discharge the Society, its agencies, assigns and successors, of and from all claims, debts, demands, actions, accounts, reckonings, motions, controversies, doings, omissions, damages, both at law and equity, and all liabilities on account of any claim for injuries, losses, expenses, or damages arising out of the enforcement by officers and employees of the City of local ordinances relating to the regulations and control of animals; the practice of euthanasia by officers or employees of the City. IV. The Society, for itself, its agencies, assigns and successors, does hereby remise, release, and forever discharge the City, its agencies, assigns and successors of, and from all claims, debts, demands, actions, causes of action, suits, sums and sums of money, accounts, reckonings, motions, controversies, doings, omissions, damages, at both law and equity, and all liabilities on account of any and all injuries, losses, expenses, and damages arising out of the enforcement by agents or employees of the Society of the anti-cruelty laws of the State or any other humane activities conducted by the Society; maintenance and care of animals impounded by City employees and delivered to the custody of the Society; placement by the Society with third parties of animals delivered to the custody of the Society by City employees; destruction of animals delivered to the custody of the Society by City employees; or caused by any member, agent or employee of the Society except in the conduct of activities for which the City is specifically responsible by law or under the provisions of this agreement; or for animals held by the Society pursuant to agreements with any third parties. V. It is understood by the parties that the Society shall perform its duties and responsibilities under this contract as an independent contractor and not as an agent or servant of the City, nor shall the officers and employees of the Society be deemed agents or employees of the city for any purpose. The Society's officers shall exercise control and supervision over its personnel in the performance of their work. Except, that as a principal the City retains an interest in the quality of services contracted for the County, it shall have no concerns in the manner in which work is performed by personnel of the Society. VI. The term of the agreement shall begin on September 1, 1990, and shall continue in force unless otherwise altered or amended in writing by mutual agreement of the parties. vii. Either party may terminate this agreement upon 60 days written notice to the other party. ATTEST: CITY OF ROANOKE, VIRGINIA By: ATTEST: ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS By: RO^NO V^L ¥ SPCA_ INc. -- SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS -- P. O. Box 11863 · Roanoke, Virginia 24022 (703) 344-4840 Chief Hooper Chief of Police 309 3rd Street S. W. Roanoke, Virginia 24016 August 17, 1990 Dear Chief Hooper: Our S.P.C.A. has a contract with the City of Roanoke dated January 27, 1986, to provide care for impounded animals (among other provisions.) While we are a non-profit organization, we are faced with the financial obligations of any busi- ness, such as increasing employee wages/benefits, fixed overhead expenses, building maintenance, etc. For these reasons, we find it necessary to request an increase in the monthly fee for our services. We propose an increase from $3,400/month to $4,080/month. This represents an increase of 5% per year since 1986. Furthermore, we propose that the new contract become effective September 1, 1990. Aside from the specific items outlined in the contract, ~ wish to emphasize other benefits which the S.P.C.A. provides to the city (at no charge): 1. Nighttime coverage for injured animals when the City's animal control officers are off duty. 2. Maintaining twenty four hour call to euthanize sick or injured animals confiscated by Animal Control. 3. A humane investigator to handle cruelty complaints. 4. Handling stray cat complaints. 5. Continuing education programs within the city schools. 6. In-shelter lost and found program to rejoin owners with impounded animals. A NON-PROFIT. TAX DEDUCTIBLE CHARILY - PROTECTING ANIMALS FROM ABUSE AND NEGLECT Ro^ o V^L ¥ SPCA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS -- P. O, Box 11863 · Roanoke, Virginia 24022'1'(703) 344-4840 The Roanoke Valley S.P.C.A. recognizes the importance of animal control regulations and requirements in a community. We wish to continue our cooper- ative endeavors with the City of Roanoke. Enclosed is a copy of the new con- tract. We look forward to hearing from you regarding our new proposal. Sincerely Mark R. Finkler, D.V.M. Chairman, Shelter Cor~nittee A NON-PROFIT, TAX DEDUCTIBLE CHARITY- PROTECTING ANIMALS FROM ABUSE AND NEGLECT Office of the City Clerk October 17, 1990 File #27 Mr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Ur. Herbert: I am attaching copy of Resolutio. n No. 30274-101590 authorizing execution of a contract with Lumsden Associates, P.C., to proviae certain engineering services, specifically the design, plans, specifications, related construction documents, and observation of construction work for various storm drain improvements referred to as the Luck Avenue By-Pass Storm Drain Project. Resolution No. 30274-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 15, 1990. Sincerely, ~.~.~___ Mary F. Parker, CMC/AAE City Clerk ~4FP : ra pc: Vice-President, Avenue, S. W., Mr. B. Lee Henderson, Jr., Associates, P.C., 4664 Brambleton Virginia 24018 ~r. Joel M. Schlanger, Director of Finance Mr. ~illiam F. Clark, Director of Public ~orks ~r. Charles M. Huffine, City Engineer ~s. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Lumsden Roanoke, Barry L. Key, ~anager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 15th Day of October, 1990. No. 30274-101590. VIRGINIA, A RESOLUTION authorizing the execution of a contract with Lumsden Associates, P.C. to provide certain engineering services, specifically the design, plans, specifications, related construc- tion documents, and observation of construction work, for various storm drain improvements referred to as the Luck Avenue By-Pass Storm Drain Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Lumsden Associates, P.C. for the provision by such firm of engineering services for various storm drain improvements referred to as the Luck Avenue By-Pass Storm Drain Project, forth in the October 15, 1990, report of Council. not by the City as more particularly set the City Manager to this 2. The contract amount authorized by this resolution shall exceed $147,990.00 without further Council authorization. 3. The form of the contract with such firm shall be approved Attorney. ATTEST: City Clerk. Office of the City Clerk October 17, 1990 File #60-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Qrdinance. No. 30273-101590 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the transfer of $147,990.00 from Capital Improvement Reserve, Storm Drain, to Sanitation, Luck Avenue Storm Drain Engineering, in connection with award of a contract to ~umsden Associates, P.C., to provide engineering ser- vices for the ~uck Avenue By-Pass Storm Drain. Ordinance No. 30273-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, ~c~ober 15, 1990. Mary arker, CMC/AAE City Clerk ~FP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. ~'illiam F. Clark, Director of Public ~orks Mr. Charles M. Huffine, City Engineer Ms. Sarah E. ~itton, Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Barry L. Key, Manager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (703) 981-2541 IN '£~tE COUI~CIL OF '~'~l~ CItY OF RO~OK~, VIRGINI~ The 15th Day of October, 1990. No. 30273-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Luck Avenue Storm Drain Engineering (1) ............ Capital Improvement Reserve Public Improvement Bonds Series 1990 (2) ......... $ 9,076,353 147,990 (5,924,841) (1,250,667) 1) Approp. from Bonds (008-052-9659-9001) $ 147,990 2) Storm Drain (008-052-9700-9176) (147,990) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia October 15, 1990 Honorable Mayor and Members of Cit~ ~ounci~ Roanoke, Virginia Dear Members of Council: Subject: Engineering Services for Luck Avenue By-Pass Storm Drain II. I. Background: A. Luck Avenue Storm Drain is a project included in the approved 1990 Bond Referendum. B. Franklin Road Widening project requires enlarging the storm drain system downstream of the project. C. By-pass system will help alleviate flooding in downtown. D. Engineering design services for the storm drain and related utilities are needed. Current situation is that Engineering Services Qualification Proposals for the project were publicly advertised on May 27, and six (6) proposals were received on June 22, 1990 from: Inc. - Anderson & Associates - Hayes, Seay, Mattern & Mattern, - Lumsden Associates, P.C. - Olver Incorporated - SDN Water Resources - Smithey & Boynton 1990 Selection of the firm for consideration was based on the following criteria: 1. Qualification of personnel 2. Time available to meet schedule 3. Experience in designing roadways and utility systems 4. Ability to produce project on time 5. Local accessibility for project coordination and cooperation 6. Response to request for proposal 7. Past record with City of Roanoke Page 2 III. Interviews were held with all six (6) firms that submitted proposals as they were deemed qualified. Staff team included Charles M. Huffine, P.E., City Engineer, John A. Peters, III, P.E., Civil Engineer, and Jan G. Bruce, Engineering Technical Supervisor. Ce Negotiations were conducted with that engineering firm felt to be most qualified (Lumsden Associates, P.C.) for the pro- ject requirements. Consultant fees are somewhat higher than normal due to the extensive surveying for underground utilities required for the routing of the project. Scope of work to be performed includes preliminary engi- neering, utility location, both vertical and horizontal, storm drain design including utility adjustment, topographic surveys, and plats. Issues in evaluating the proposal and awarding a contract to a firm known to be qualified are: A. Inclusion of proper work scope. B. Ability to meet time schedules. C. Reasonableness of fee. D. Availability of fundin9. IV. Alternatives for providing the necessary work are: A. Award an engineering service contract to Lumsden Associates, P.C. in an amount not to exceed $147~990.00. 1. Inclusion of proper work scope has been reviewed and verified. 2. Ability to meet time schedule has been demonstrated and ~ready to begin immediately. Reasonableness of fee has been established through "cost ceiling". Lumsden Associates, P.C. has set a cost ceiling in their proposal of $147)990.00. 4. Availability of fundin9 exists in Public Improvement Bonds - 1990, Account No. 008-052-9700-9176. Page 3 WRH/JGB/mm Attachment CC: B. Do not award an engineering service contract to Lumsden Associates, P.C. 1. Inclusion of proper work scope would have to be deferred to the City or other consultants. 2. Ability to meet time schedule would be jeopardized. 3. Reasonableness of fee cannot be assured. 4. Availability of fundin9 would remain in the Public Improvement Bond - 1990 account. V. Recommendation is that City Council: Award an engineering service contract in a form approved by the City Attorney to Lumsden Associates, P.C. in an amount not to exceed $147~990.00. Transfer funding for the contract to an account, to be entitled Luck Ave. Storm Drain Engr., as established by the Director of Finance in the amount of $147~990.00 from the Public Improvement Bonds - 1990, Account No. 008-052-9700-9176. Respectfully submitted, W. Robert Herbert City Manager Director of Finance City Attorney Director of Public Works Director of Utilities & Operations City Engineer Construction Cost Technician CITY OF ROANOKE, VIRGINIA AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT, made at Roanoke, Virginia this 14th day of August, in the year 1990, by and between the City of Roanoke, Virginia, (hereinafter referred to as the "Owner") and Lumsden Associates, P. C. Engineers-Surveyors-Planners (hereinafter referred to as the "Consultant"). WITNESSETH: WHEREAS, the Owner intends to sponsor the accomplishment of a storm line and various storm drain improvements in downtown Roanoke referred to as the Luck Avenue By-Pass Storm Drain, and hereinafter called "The Project," and other additional services defined herein. WHEREAS, the Owner intends to contract for consulting services for field control surveys, aerial mapping, field topographic surveys (including underground utilities), engineering design with plans and specifications, easement plats and observation of the construction work, for that work in connection with the project and WHEREAS, the Consultant agrees to furnish executed "Certification of Consultant" and certain professional engineering services enumerated hereinafter, in connection with the Project. NOW THEREFORE, for an in consideration of the benefits which will accrue to the parties hereto by virtue of the Agreement and the respective covenants herein contained, IT IS MUTUALLY COVENANTED AND AGREED AS FOLLOWS: I. CONSULTANT SERVICES FOR PHASE I - PRELIMINARy Consultant shall provide the following professional services in connection with the preparation of a development plan for the rapid and orderly development of the Project, in general accordance with the interview outline (Phase II submittal) dated July 2, 1990, and as hereinafter modified. Analyze the proposed site, establish design objectives and develop a project criteria and program to serve the Project requirements as identified by the Owner. Attend and/or conduct up to one (1) general public meetings as the Owner may request or approve, and thereby meet with various business concerns to obtain their knowledge of specific drainage problems. Provide field control surveys and field topographic surveys including underground utilities for one route as specified by owner. Obtain aerial mapping for the project in autocad format on discs. Compile all data for preliminary schematic layouts using the aerial mapping and field survey information (including underground utilities). Preparation of preliminary schematic layouts, sketches, outline specifications and the engineer's specific recommendations. Review layouts in field with City staff. Preparation of preliminary cost estimates for the project. II. CONSULTANT SERVICES FOR PHASE II - DESIGN The Consultant agrees to furnish and perform the various professional services required for the design of the Project as follows: ae Attend as needed, detailed conferences with the Owner's representatives and other agencies involved in the development of the Project. B. Coordinate the necessary field information for design. Meet with utility companies and City utility staff to discuss possible conflicts. Determine underground utility locations using actual test holes. Perform subsurface investigations as deemed necessary by designer. Prepare plans and specifications, contract documents, and detailed estimates. F. Prepare easement plats where necessary. Ge Furnish Owner up to 5 copies of drawings, specifications, and other contract drawings for final review by Owner and approving authorities. Render clarification of the special provisions, when and deemed necessary. construction plans and if such clarification is Furnish the Owner up to 20 copies of approved drawings, specifications and other contract documents for use in obtaining construction bids. Je Prepare advertisements for the Project for use by the Owner. Conduct prebid conference. Assist the Owner in securing bids, tabulations and analysis of bid results, and furnish recommendations on the award of construction contract. Assist in the preparation of formal contract documents for the award of contracts. III. CONSULTANT SERVICES FOR PHASE III-CONSTRUCTION Upon Owner's written direction to Consultant to proceed with Phase III, the Consultant agrees to furnish and perform the various professional services required for the construction of the Project as follows: Office Engineering Consult and advise the Owner during construction. Conduct the preconstruction meeting. Prepare elementary sketches and supplementary sketches required to resolve problems arising from actual field conditions encountered. Check detailed construction, shop, and erection drawings submitted by contractors for compliance with design concept. Review and approve requests for monthly and final payment to contractors. Be Prepare "record" drawings and verify final quantities based on information provided by the resident inspector and final surveys. Furnish Owner one set of mylar reproducible drawings. Also provide autocad files on disc of final drawings. Field Consultation Conduct at least four field overviews per month on the Construction Contract during the construction of the Project (seven days between such inspections) to confirm reasonable compliance with the approved plans and specifications. Render, based on the field overviews above, a semi- final inspection report including a punch list of uncompleted items on the project work to the Owner, and a final report or reports that shall certify to the Owner, that the work involved has been completed in substantial accordance, as the same shall have been modified, or supplemented by change order, supplementary contract, or otherwise and that such work is acceptable or shall indicate in what respect the work is deficient and what steps need to be taken to render the work acceptable. During field overviews, observe the work and advise the owner of deficiencies in order to protect the Owner against defects and deficiencies on the part of the work of the Contractor. Consultant, however, is not a guarantor of the Contractor's work, or safety in, on or about the job site. Owner recognizes that Consultant is not in control of the safety or adequacy of any equipment, building component, scaffolding, forms or other work aids; nor is Consultant responsible for superintending the work. 4e Coordinate other Consulting Services which may be required by the Owner, including sub-surface investigations, sampling, testing, and analysis of soils, off-site inspection of materials, laboratory testing and inspection and control at central mixing plants. Where such tests must be conducted by commercial laboratories, only those laboratories approved by the Owner will be utilized. Copies of the results of all tests required under this paragraph are to be submitted to the Owner within five days after the tests are completed. C. Special Services Provide assistance, as required and requested, to the Owner, as an expert witness in litigation arising from the development or construction associated with the Project. IV SCHEDULE FOR DELIVERY OF WORK BY CONSULTANT The Consultant shall accomplish the work with due diligence and complete work as follows: The Phase I Preliminary Work shall be completed within ~ calendar days after written Notice to Proceed. Be The Phase II - Design Work shall be completed within 90 days after written Notice to Proceed. V. PAYMENT FOR CONSULTING SERVICES The Owner agrees to pay the Consultant as compensation for rendering the professional services above described as follows: The Owner will pay the Consultant for the services performed under Sections I, II, and III, an amount not to exceed $147,990.00 on the basis of direct personnel expenses plus reimbursable expenses. Direct Personnel Expense is defined as the salaries of professional, technical and clerical employees engaged on the Project by the Consultant and the cost of mandatory and customary fringe benefits such as statutory employee benefits, insurance, sick leave, holidays. Averate hourly rates of employees are attached as Exhibit A. C. Reimbursable Expenses may include: (1) Expenses of transportation and living expenses for required out of town travel in connection with the Project. (2) Fees paid by the Consultant for securing approval of authorities having jurisdiction over the Project. (3) Costs to the Consultant for aerial topography or photogrammetric mapping of the Project as are approved by the Owner prior to obtaining service. (4) Costs to the Consultant for outside consulting geotechnical and laboratory testing services for this project as are approved by the Owner prior to obtaining the services. (5) Costs to the Consultant for outside consulting services for this Project as are approved by the Owner prior to obtaining the services. (6) Other costs to the Consultant for this Project as are approved by the Owner prior to obtaining the services. (7) All approved reimbursable expenses (1) through (6) shall be billed to the Owner at the direct cost to the Consultant multiplied by 1.15. (8) Consultant's Computer Aided Drafting and Design (CADD) and PC/At equipment use shall be billed to the Owner at the hourly rates set forth in Exhibit A to this Agreement. De The maximum fee set forth in this Agreement shall not be exceeded without further authorization of the City. Exhibit B to this Agreement estimates the fee for each phase of the work. Ee The Owner shall pay the Consultant monthly upon receipt of a statement from the Consultant of work performed during the prior month for direct personnel expenses and reimbursable expenses. VI. SPECIAL CONDITIONS It is further agreed by the Parties hereto that one reproducible copy each of the drawings, tracings, construction plans, specifications and maps prepared or obtained under the terms of the contract shall be delivered to and become the property of the Owner and basic survey notes and sketches, charts, computations and other data ~hall be made available upon request by the Owner without restriction or limitation on their use. It is further agreed by the Parties hereto that the Consultant shall proceed to furnish engineering services on any phase of the Project under the terms provided in this Agreement, only after the Notice to Proceed has been given in writing by the Owner. Each party binds itself, its principals, successors, executors, administrators and assigns to perform all covenants of this Agreement. Except as above noted, neither the Owner nor the Consultant shall assign, or transfer his interest in this Agreement without the written consent of the other Party hereto. De This agreement expires upon final approval and acceptance of th? completed Project by Owner and any participating agencies. The Consultant agrees to conduct the services in compliance with al the requirements imposed by or pursuant to Title VI of the Civil Rights Act of 1964, Part 21 of the Regulations of the Secretary of Transportation and Executive Order No. 11246, "Equal Employment Opportunity', as supplemented in Department of Labor Regulations (49 CFR, Part 60); and agrees to comply with applicable standards, orders or regulations issued pursuant of the Clean Air Act of 1970; and will maintain an Affirmative Action Program. Owner advises Consultant that failure of Consultant to carry out the requirements set forth in 45 Federal Register 21186, Section 23.43 (a) (1980) dealing with minority business enterprises shall constitute a breach of contract and after the notification of the Department of Transportation, may result in termination of this agreement or such remedy as Owner deems appropriate. Owner requires Consultant to comply with applicable and lawful Federal regulations, be from time to time amended. any and all as they may The Consultant agrees that the Owner, and any approving Federal or State Agency or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinen2t to any specific grant program with respect to this Project for the purpose of making audit, examinations, excerpts and transcriptions. INSURANCE AND INDEMNIFICATION Consultant shall maintain insurance with a quality company during the life of the Contract and furnish Owner Certificates of Insurance naming the Owner, its officers, agents, and employees as additional insureds, providing coverage against any and all claims and demands made by any person or persons whomsoever for property damages or bodily injury (including death) incurred in connection with the services to be provided under this Agreement. The Consultant shall indemnify and hold harmless Owner and its officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, cost and expenses, including reasonable attorney's fees, resulting from or arising out of Consultant's activities or omissions, negligent or otherwise, on Owner's property or arising out of or resulting from the services to be provided under this Agreement, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. While on Owner's property and in its performance of this Agreement, Consultant shall not transport, dispose of or release any hazardous substance, material or waste, except as necessary in performance of its work under this Agreement and Consultant shall comply with all federal, state and local laws, rules, regulations and ordinances controlling air, water, noise, solid wastes and other pollution, and relating to the storage, transport, release or disposal of hazardous materials, substances or waste. Regardless of Owner's acquiescence, Consultant shall indemnify and hold Owner, its officers, agents, and employees, harmless, from all costs, liabilities, fines or penalties, including attorney's fees resulting from violation of this paragraph and agrees to reimburse Owner for all costs and expenses incurred by Owner in eliminating or remedying such violations. Consultant also agrees to reimburse Owner and hold Owner, its officers, agents, and employees harmless from any an all costs, expenses, attorney's fees and all penalties or civil judgements obtained against the Owner as a result of Consultant's use or release of any hazardous substance or waste onto the ground, or into the water or air from or upon Owner's premises. The Consultant agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising out of the preceding sections and Consultant further agrees that it will not raise or plead a statute of limitations defense against Owner in action arising out of Consultant's failure to comply with the preceding sections. VII. SPECIAL PROVISIONS ae If any of the services outlined in Section I, II or III are furnished by the Consultant by obtaining such services outside the Consultant's organization, the Consultant shall provide an executed contract between the person(s) or firm and the Consultant shall outline the services to be performed and the charges for the same. Two copies of the executed contract shall be submitted to the Owner for approval prior to the services being performed. The Owner shall make available to the Consultant all technical data that is in the Owner's possession, including maps, surveys, property descriptions, borings, and other information required by the Consultant and relating to his work. Ce The Owner shall pay for publishing costs for advertisements of notice, public hearings, requests for bids, and other similar items; shall pay for all permits and licenses that may be required by Local, State or Federal authorities; and shall secure the necessary land, easements, right-of-way required for the Project. The Owner and Consultant, by seven days written notice, may terminate this agreement in whole or in part at any time, because of the failure of the other party to fulfill its agreement obligations. Upon receipt of such notice, the Consultant shall: (1) Immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Owner all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have accumulated by the Consultant in performing this agreement whether completed or in process. If the termination is due to the failure of the Consultant to fulfill his agreement obligations, the Owner may take over the work and prosecute the same to completion by agreement or otherwise. In such case, the Consultant shall be liable to the Owner for any damages allowed by law, and upon demand of Owner shall promptly pay the same to Owner. Should the agreement be terminated, the Consultant shall be entitled to and shall receive a fee based on cost plus a fixed fee to the day of notification, provided such fee be approved by any applicable Federal or State approving agency. For services completed the Consultant shall receive payment for his costs plus a percentage of the fixed payment as described in Section V. The percentage shall represent the amount of work completed to date compared to the estimated amount of work to complete the total project. The rights and remedies of the Owner provided in this Section are in addition to any other rights and remedies provided by law or under this agreement. If the construction plans are completed in accordance with criteria and/or decisions made by the Owner and the said construction plans are substantially changed or revised, for any reason other than the fault of the Consultant in preparing same, then the Consultant shall be entitled to compensation for rendering the service necessary to complete the changes. The amount of this fee shall be negotiated between the parties, with the concurrence or any applicable Federal or State approving agency, prior to authorizing the Consultant to proceed with the chan~es. The ~ee for the changes shall be due and payable with the revisions are approved by the Owner. The Consultant shall provide an allowance in the construction contract for the Contractor to employ the consultant to provide construction stakeout engineering survey services for the purpose of laying out the work for the Owner. The Consultant shall bill the Contractor for those services. (The Contractor will pay the Consultant for those services from payments received from the Owner for the construction.) IN WITNESS ~WHEREOF, the parties hereto have affixed their hand and seals. B. Lee Henderson, Jr. ,[Vice President ATTEST: Secretary CITY OF ROANOKE, City Manager ATTEST: City Clerk Approved as to form: City Attorney Appropriation and Funds Required for this Contract Certified Director of Finance Date: Account#: EXHIBIT "A" PRINCIPAL IN CHARGE / PROJECT MANAGER (PPM) PROJECT DESIGN ENGINEER (PDE) ENGINEER (ENG) SURVEYOR (SUV) CADD OPERATOR (COM) DRAFTSPERSON (DRA) CLERICAL (CLR) THREE MAN FIELD PARTY (FLD) COMPUTER & OPERATOR RATE/HOUR $60 $55 $5O $5O $75 $25 $18 $65 $43,510 = TOTAL FOR PHASE I $77,172 - TOTAL FOR PHASE II $27,308 = TOTAL FOR PHASE III EXHIBIT "B" RATE/HOUR SBO $8B $80 $80 $70 $25 $18 $55 PHASE ITEM PPM PDE ENG SUV COM DRA CLR FLD RM8 I 1. $9B0 $1,320 $I,200 S400 $0 $200 $72 $0 $0 2. $360 $330 $0 $0 $0 $0 $0 $0 $100 8. $480 $0 $0 $1,400 $0 $0 $72 $5,200 $11,700 4. $240 $0 $0 $800 $1,680 $0 $72 $2,080 $2,300 5. $240 $0 $0 $500 $2,800 $0 $0 $0 $0 6. $720 $2,200 $1,200 $400 $2,800 $400 $144 $0 $100 7. $240 $0 $800 $0 $0 $0 $0 $0 $0 II A. $1,920 $1,760 $0 $0 $0 $0 $72 $0 $0 B. $480 $880 $200 $0 $0 $0 $0 $520 c. $0 $880 $1,000 $400 $560 $0 $38 $0 $0 D. $480 $220 $0 $1,200 $1,680 $0 $0 $2,080 $32,200 E, $2,400 $4,620 $4,000 $0 $7,000 $600 $288 $1,040 $0 F. $240 $0 $0 $300 $560 $200 $72 $520 $0 G. $480 $0 $0 $0 $0 $0 $288 $0 $300 H. $480 $2,200 $200 $0 $0 $0 $0 $0 $0 I. $240 $200 $0 $0 $0 $0 $288 $0 $600 J. $240 $440 $100 $0 $0 $0 $144 $0 $0 K. $480 $440 $0 $0 $0 $0 $0 $0 $0 L. $960 $440 $100 $0 $0 $0 $144 $0 $0 III A.1. $1,800 $2,200 $1,000 $400 $560 $0 $144 $0 $0 2. $960 $1,320 $1,200 $200 $0 $200 $0 $260 $0 3. $960 $1,320 $800 $0 $0 $0 $0 $0 $0 4. $480 $1,100 $0 $0 $0 $0 $0 $0 $0 5. $360 $880 $600 $300 $1,260 $0 $144 $0 $0 Bm1. $1,500 $3,080 $500 $0 $0 $0 $72 $0 $0 2. $480 $880 $200 $0 $0 $0 $72 $0 $0 3, $480 $440 $0 $0 $0 $0 $36 $0 $0 4. $480 $440 $200 $0 $0 $0 $0 $0 $0 GRAND TOTALS ......... $19,140 $27,590 $13,300 $6,300 $18,900 $1,600 $2,160 $11.700 $47,300 TOT $4,152 $79O $18,852 $7,172 $3,540 $7,964 $1,040 $3,752 $2,080 $2,876 $37,800 $19,948 $1,892 $1,068 $2,880 $1,328 $924 $920 $1,644 $6,104 $4,140 $3,080 $1,580 $3,544 $5,152 $1,632 $956 $1,120 $147,990 COMPANIES ~FrO~ I~, COVSRAGE CINCINNATI INSURANCE COMPANY CNA 1/01/91 CCC 255 I~ 82 1/01/c20 i/oi>-~i '- 1/01/91 i CE~TI~ICA~TON OF CONSULTANT certify chat Z am the Vice President am~ duly (Title) rel~rmmmmtmtl~ of ~hm fl~ of Lumsden Associates, P.C. a~e~e ~s P.0. ~X 2~6~9, Roanoke, VA z~016 amd chat meteor I nor t~m ·bore firm I l~ere represser ha·: (a) employed or retained for · commission, percent·se, brok~r~ conCXulamt fee, or ot~r consi~ratt~, ~y ft~ or ~rsoo (oc~r c~n a ~afide ~loy~ ~l~ ~1~ for M or ~ a~ve c~m~lcanc) co ~ltciC or score chi· (b) nlreed, as an express or implied condition for obtain·nj chis contract, cartyi98 ~C ~ contract; or, (c) paid or agreed to pay amy fitch, orsanization, or I~rmam (other Chaa a ~mfi~ ~loyee workl~ ~lely for ~ o~ t~ above c~oultmt) ~y fee contrt- B. Lee Headerloe, Jr. Vice Premicient Office of the City Clerk October 17, 1990 File #24~-144-22 Hr. ~. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30275-101590 amending reordaining §33-17, Definitions; §33-18, ~eds and trash declared a public nuisance; §33-19, Duty of owner of land to cut noxious weeds; §33-20, Notice of removal of weeds; preabatement hearing; ~, Abatement of public nuisance; §33-22, Accounting for aba- tement costs; and §33-23, Notice to owner of hearing on abatement costs; and repealing §33-24, Post-aba~ement hearing, of Chapter 33, Vegetation and Trash~ Code of the City of Roanoke (1979), as amended~ to provide for the control of the growth of weeds ann accumulation of trash and effectuate acceptable provisions for compliance and enforcement of the abatement of public nuisances. ©rdiaance No. 30275-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on ,Monday, October 15~ 1990, and shall be in full force and effect on and after November 1, 1990. Sincerely, ~ Mary F. Parker, CMC/AAE City Cler~ MFP:ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Ms. Deborah J. Moses, Chief of Billings and Collections Mr. George C. Snead, Jr., Director of Administration and Public Safety ~r. Gary N. ~enton, Manager, Department of Parks, Recreation and Grounds ~aintenance ~s. Dolores C. Daniels, Assistant to the City .Manager for Community Relations Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th Day of October, 1990. No. 30275-101590. AN ORDINANCE amending and reordaining §33-17, Definitions; §33-18, Weeds and trash declared a public nuisance; §33-19, Duty of owner of land to cut noxious weeds; §33-20, Notice of removal of weeds; preabatement hearing; §33-21, Abatement of public nuisance; §33-22, Accounting for abatement costs; and §33-23, Notice to owner of hearing on abatement costs; and repealing §33-24, Post-abatement hearing, of Chapter 33, Vegetation and Trash, Code of the City of Roanoke (1979), as amended, to provide for the control of the growth of weeds and accumulation of trash and effectuate acceptable provi- sions for compliance and enforcement of the abatement of public nuisances; and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 33-17, Definitions; §33-18, Weeds and trash declared a public nuisance; §33-19. Duty of owner of land to cut noxious weeds; §33-20, Notice of removal of weeds; preabatement hearing; §33-21, Abatement of public nuisance; §33-22, Accounting for abatement costs; and §33-23, Notice to owner of hearin~ on aba- tement costs; Code of the City of Roanoke (1979), as amended, be amended and reordained to read and provide as follows: Sec. 33-17. Definitions. (e) Parcel means any real estate (and any interest therein) lying in the City of Roanoke, Virginia, identi- fied by a Roanoke City Official Tax Number, except any parcel lying in a RA-Residential Agricultural District as defined elsewhere in this Code. (g) Weed or weeds means any plant, grass or other vegetation over fourteen (14) inches high growing upon private property in the City of Roanoke, including, but not limited to, any sage brush, poison oak, poison ivy, Ailanthus Altissima (commonly called Tree of Heaven or Paradise Tree), ragweed, dandelions, milkweed, Canada thistle, and any other undesirable growth, excluding trees, ornamental shrubbery, vegetable and flower gar- dens purposefully planted and maintained by the property owner or occupant free of weed hazard or nuisance, cultivated crops, or undisturbed woodland not otherwise in violation. Sec. 33-18. Weeds and trash declared public nuisance; abatement required. Weeds growing or trash lying on any parcel shall constitute a public nuisance, except that in the case of a parcel greater than one acre in area natural vegeta- tion growing more than fifty (50) feet from every pro- perty line shall not constitute a public nuisance. It shall be unlawful to cause or allow a public nuisance with respect to any parcel. The owner of any parcel shall abate any public nuisance with respect to his parcel. Sec. 33-19. Weeds and trash prohibited; duty of owner to remove weeds and trash. It shall be unlawful and a public nuisance for the owner of any parcel to allow weeds, as defined herein, to grow or trash to stand upon such parcel. It shall be the duty of the owner of any parcel to immediately cut, remove or destroy any and all weeds and to remove trash on his parcel. Any owner who shall violate any provi- sion of this section shall be deemed to be guilty of a class 4 misdemeanor, and each day that such weeds shall remain uncut or such trash is allowed to stand after the period within which they are required hereunder to be cut or removed shall be deemed to constitute a separate offense under this section. - 2 - Sec. 33-20. Notice of removal of weeds; preabatement hearin$. (a) Notwithstanding the criminal sanctions provided for elsewhere in this Code, and in addition to them, whenever the city manager determines that a public nuisance exists with respect to any parcel, he shall mail by United States postal service certified mail to the owner of the parcel at the owner's address, as deter mined from public records, written notice that there exists a public nuisance with respect to the parcel and demand the abatement of the nuisance within fourteen (14) days following the mailing of the notice. Such notice, when so addressed and deposited with the postal service with proper postage prepaid, shall be deemed complete and sufficient. In the event that such notice is returned by the postal authorities or if the owner's address is unknown, the city manager shall cause a copy of the notice to be posted in a conspicuous place on the parcel. The posting shall be accomplished at least fourteen (14) days prior to abatement of the public nuisance with respect to that parcel. (b) The notice shall: (1) Be in writing; (2) Set forth the alleged violation of this article; (3) Describe the parcel of real property where the violations are alleged to exist or to have been committed; (4) Advise that if the weeds or trash are not removed within the prescribed time, the city will proceed to abate the nuisance with the costs thereof together with an administrative fee and interest author- ized by this article being specially assessed against the owner and the par- cel; (5) Advise that the cost of abatement together with the administrative fee and interest constitutes a lien against the property in favor of the city; and (6) Advise that within seven (7) days of the certified mailing of the notice or posting, whichever is applicable, - 3 - the owner may appeal to the city manager stating in detail the reasons why the proposed action should not be taken. (c) In the event the owner appeals the proposed abatement as provided for above, the city manager shall set a hearing and notify the owner of the time and location of a hearing to be held within five (5) days from the date of the city manager's receipt of the appeal. At any hearing, the city manager shall hear and investigate any objection that may be raised and take action in response as he may deem reasonable. Sec. 33-21. Abatement of public nuisance. (a) If the owner shall fail or neglect to complete abatement of the public nuisance as required within fourteen (14) days of mailing of notice or of posting, whichever is applicable, the city manager may direct in writing that city forces abate or complete the abatement of such public nuisance; or the city manager may contract for this abatement on behalf of the city with a private contractor. (b) Any owner may abate the public nuisance him- self without liability to the city, provided that he completes the abatement prior to commencement of abate- ment by city personnel or any private contractor on behalf of the city. Sec. 33-22. Accountin~ for abatement costs. The city manager shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk and the chief of billings and collections at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description suf- ficient to identify the parcel, and specify and include an additional administrative fee of fifty dollars ($50.00) hereby ordained to be assessed against each owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as-well as other reasonable charges for equipment; and interest author- ized by this article. - 4 - Sec. 33-23. Notice to owner of hearing on abatement ,costs; post-abatement hearing. (a) Upon completion of the reports and assessment lists, the city manager shall send by certified mail to each owner at his address as determined from public records a notice including a statement to the owner of the abatement cost, and the administrative fee. The notice shall also advise the owner of his right to object to, be heard upon, and contest the amount of the abatement costs. The notice shall further provide that upon confirmation by the city manager of the abatement cost and administrative fee, they shall constitute spe- cial assessments against the owner and the parcel, a personal obligation of the owner, and a lien upon the owner's parcel from the date and time of the recordation of a notice of lien, and from the date of such confir- mation, until paid, bear interest at the legal rate, and that any fees, charges or costs for the abatement of a nuisance thereof shall be collected in any manner pro- vided by the Code of Virginia for the collection of state and local taxes. (b) The owner shall have fourteen (14) days from the date of receipt of the notice of assessment to appeal the amount of the assessment to the city manager. The city manager shall set a hearing and notify the owner of the time and location of a hearing for the pur- pose of hearing the owners's objections to and comments upon the report and proposed assessment, of correcting any mistakes or inaccuracies in these documents and of confirming the same. If the owner does not appeal the assessment as stated in the notice, the assessment shall be deemed to be confirmed. (c) With respect to all assessments remaining unpaid fourteen (14) days after confirmation, the city manager shall cause a notice of the lien of the special assessment prepared by the city attorney to be recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. The city attorney may take appropriate steps including a personal or in rem suit or action in the appropriate court to enforce the lien to satisfy the special assessment. 2. Section 33-24, Post-abatement hearing, of Chapter 33, Vegetation and Trash, Code of the City of Roanoke (1979), as amended, is hereby REPEALED. - 5 - 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after November 1, 1990. ATTEST: City Clerk. - 0 - Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia October 15, 1990 Dear Mayor and Members of Council: SUBJECT: PROPOSED CHANGES TO NOXIOUS WEED ORDINANCE I. BACKGROUND: ae Noxious Weed Ordinance of the City provides for the control of the growth of vegetation and accumulation of trash to promote a positive image for the City of Roanoke and protect public health and safety. He Parks, Recreation and Grounds Maintenance Department is responsible for the administration of the City's weed control program including enforcement of the weed ordinance. Approximately eleven hundred (1100) valid weed complaints are received annually between May 1st and October 1st. Owners are requested to correct the condition, and approximately 10-15% fail to do so. City forces then mow/clean these lots, and the property owner is assessed for the service. Of those assessed in FY89, only 30% paid the assessment, and liens were placed against the other 70%. II. CURRENT SITUATION: Modifications are needed in the weed ordinance to clarify regulations and improve efficiency of enforcement efforts. Summary of the proposed changes to the weed ordinance as outlined in the attached measure cooperatively prepared by the Department of Parks and Recreation and the City Attorney's Office: Definition of "parcel" has been modified to update terminology regarding excluded agriculturally zone property from "AG Agricultural District" to "RA Residential Agricultural District." e Definition of "weed or weeds" has been clarified and made more specific through expressing height limitations in inches rather than in metric measurements, and by listing examples of a variety of weeds, often claimed NOT to be weeds by property owners, and therefore not subject to the weed ordinance. Year round enforcement of the weed ordinance is proposed. Despite the existence of year round violations, it is presently possible to enforce compliance only for complaints received between May 1 and Oct 30. This is confusing to residents and difficult to administer. Clarification of Sec. 33-20, "Notification of removal of weeds~ preabatement hearing" is proposed. This will serve to more adequately meet the due process requirement for proper notice. In Sec. 33-22t "Accountin~ for abatement costst" Service charge of thirty (30) per cent of the abatement cost is proposed to be replaced with an administrative fee of $50.00 to more accurately reflect actual administrative costs of processing each complaint. (Such costs are essentially the same for each complaint, regardless of the scope of the abatement work.) No change in the method of calculating the abatement cost is proposed. Sec. 33-23 and 33-24 of original ordinance is DroDosed to be combined into one section, 33-23, "Notice to owner of hearin~ on abatement costs~ post-abatement hearing." In addition, purpose for post-abatement hearing is clearly stated. This will more adequately meet the due process of proper notice and clarify scope of what issues can be addressed during the post-abatement hearing. III. ISSOES: B. C. D. E. F. Enforcement of the weed ordinance. City charges for mowing lots. City's cost to enforce noxious weed ordinance. Number of violations processed by the City. Effective date of the amendments. Impact of Neighborhoods. G. SuDDort for Council's Strategic Issues Image and Environmental Quality. IV. AL'£~NATIVES: Adopt the proposed amendments to the City's Noxious Weed Ordinance as outlined in the attached draft measure prepared by the City Attorney's Office. Enforcement of the weed ordinance would be strengthened. Also, citizen comprehension of the ordinance will be increased through clarification of definitions and the notification process, and year round enforcement. City charges for weed abatement would more accurately reflect actual administrative costs incurred in processing complaints. City's cost may drop slightly, as more effective enforcement would result in a decrease in the percentage of complaints ultimately requiring abatement by the City, and collection of a larger percent of assessments the City does abate. Full time Weed Coordinator is already in place to continue enforcement on a year round basis. Number of violations processed by the City would increase, though City abatement efforts would be spread out over more time. 5. Effective date would be November 1, 1990. Impact of neighborhoods would be positive, as enforcement becomes more efficient and abatement efforts continue year round. SuDDort for Council's Strategic Issues - Image and Environmental Quality - would be strengthened. Do not adopt the proposed amendments to the City's Noxious Weed Ordinance. Enforcement of the weed ordinance would not be strengthened. Citizen comprehension of the ordinance would not be increased. 5. 6. 7. City charges for weed abatement would not accurately reflect actual administrative costs incurred in processing complaints. City's cost would not change; percentage of collected abatement assessments would likely remain constant. Number of violations processed by the City would remain the same. Effective date of the amendments would not be an issue. Impact on neighborhoods would not be an issue. Support for Council's Strategic Issues - Image and Environmental Quality - would remain unchanged. Ve RECO~ENDATION: City Council concur with Alternative A and adopt the proposed amendments to the Noxious Weed Ordinance· Respectively submitted, W. Robert Herbert City Manager WRH/gf Attachment CC: Director of Finance City Attorney Director of Administration and Public Safety Chief, Billings and Collections Assistant to the City Manager for Community Relations Manager, Department of Parks, Recreation and Grounds Maintenance Office of the City Clerk Cctober 17, 1990 File ~86-137-54 The Honorable Clifton A. ~oodrum, ~emDer, House of Delegates P. ©. Bo~ 1371 ~oanoke, Virginia 24007 III Dear Delegate ~oodrum: I am enclosing copy of Resolution No. 30276-101590 urging the 1991 Session of the General Assembly to aaopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted by the Council of the City of Roanoke at a regular ~eetiag held on Monday, October 15, 1990. Sincerely, ~ Wary F. Parker, C~C/AAE City Clerk ~FP:ra Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk ©ctober 17, 1990 File #86-137-54 The Honorable A. Victor Thomas ~ember, House of Delegates 1301 Orange Avenue, N. E. RoanoKe, Virginia 24012 Dear Delegate Thomas: I am enclosing copy of Resolution No. 30276-101590 urging the 1991 Session of the General AssemDly to aa~pt emergency legisla- t/on regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted Dy the Council of the City of Roanoke ac a regular meeting held on ~onday, October 15, 1990. Sincerely, ~~ Mary ?. Parker, C~C/AAE City Clerk MFP : ra Eric. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-254! Office of the City Clerk October 17, 1990 File #86-i37-54 The Honoraole J. Granger ~acfarlane ~ember, Senate of Virginia P. O. 8o~ 201 Roanoke, Virginia 24602 Dear Senator ~acfarlane: I am enclosing copy of Resolution No. 30276-~01590 urging the 1991 Session of the General Assembly to adopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution bro. 30276-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 199u. Sincerely, ~.~_~_~ Mary F. Parl~er, C~C/A~ City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #86-137-54 Mr. Jeffrey E. 8ro~.n VFDC & B 7706 ~anymala Road Richmond, Virginia 2322~ Dear ~r. Brown: I am enclosing copy of Resolution No. 3~276-i01590 urging the 1991 Session of the General Assembly to aaopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE Ci~:y Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Office of the City Clerk October 17, 1990 File #86-137-54 Mr. Gary Sprifke, Administrator Prince William County, ACO 14807 Oumfries Road Manassas, Virginia 22111 Oear Mr. Sprifke: I am enclosing copy of Resolution No. 30276-101590 urging the 1991 ~ession of the General Assembly to adopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted Dy the Cou~cil of the City of Roanoke at a reqular meeting held on Monday, October 15, 1990. Sincerely, /i/~_ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 4S6 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #86-137-54 Mr. Cene Falls Director, Peninsula SPCA 523 J. Clyde ~orris Boulevard Newport News, Virginia 23601 Dear Mr. Falls: I am enclosing copy of Resolution No. 30276-101590 urging the 1991 Session of the General Assembly to adopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. Si,'~cerely, Mary F. Parker, CMC/~AE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #86-137-54 ~s. Barbara A. Snow Vice-President Legislation, 4500 West Ox Road Fairfax, Virgirtia 22030 VFHS Dear ~s. gnow: I am enclosing copy of Resolution No. 30276-101590 urging the 1991 Session of the General Assembly to adopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted by the Council of the City of Roanoke at a regular meeting held o~[ ~onday, Cctober 15, 1990. Sincerely, ~~ ~ary F. Parker, CMC/~4E City Clerk ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #86-137~54 Mr. Kenneth L. Hogans, President Virginia Animal Control Association P. 0. Box 29800 Roanoke, Virginia ~4018 Dear Mr. Hogan: I am enclosing copy of Resolution No. 30276-101590 urging the 1991 Session of the General Assembly to adopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted by the Council of the City of Roanoke at a reqular meetinq held on ~onday, October 15, 1990. Sincerely, Nary F. Parker, City Clerk CMC/AAE ~FP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 199~ File #86-137-54 Ns. Elizabeth S. Sills Special Projects Coordinator, VFHS 219 $6th Stree~ Virginia 8each, Virginia 23451 Dear ~4s. ,Sills: I am enclosing copy of Resolution No. 30276-101590 urging ~he 1991 Session of the General Assembly to adopt emergency legisla- tion regulating "vicious" ann "dangerous" aogso Resolution No. 30276-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 15, 1990. Mary F. Parker, C~C/~E City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #86-137-54 The Honorable Mark L. Early Member, Senate of Virginia P. O. Box 3747 Norfolk, Virginia 23514 Dear Senator Early: I am enclosing copy of Resolution No. 30276-101590 urging the 1991 Session of the General Assembly to adopt emergency legisla- tion regulating "vicious" and "dangerous" dogs. Resolution No. 30276-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, OctoDer 15, 1990. Sincerely, ~~ Mary F. Parker, CMC/~AE City Clerk ,~FP: ra £nc . Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th Day of October, 1990. No. 30276-101590. A RESOLUTION urging the 1991 Session of the General Assembly to adopt emergency legislation regulating "vicious" and "dangerous" dogs. WHEREAS, Senate Joint Resolution No. 136, adopted by the 1990 Session of the General Assembly, requested the Virginia Society for the Prevention of Cruelty to Animals and the Virginia Animal Control Association to jointly examine the necessity of legislation regarding dangerous domestic animals; WHEREAS, the Committee created pursuant to SJR No. 136 will be making its report, including the recommendation of certain legislation, to the Governor and General Assembly prior to Decem- ber 1, 1990; WHEREAS, in the City of Roanoke on October 3, 1990, a Rottweiler type dog made a vicious unprovoked attack upon a five year old child inflicting serious bodily injury upon the victim who has been hospitalized in intensive care; WHEREAS, on a national basis, the number of unprovoked attacks by large dangerous dogs seems to be on the rise and the number of fatalities also seems to be on the increase; WHEREAS, local governments are anxious~to protect the health and safety of their citizens, but the authority to enact local ordinances regulating "vicious" and "dangerous" dogs is in ques- tion; THEREFORE, Roanoke as follows: 1. The 1991 Session of the General Assembly is adopt emergency legislation regulatinE "vicious" and dogs. 2. Any such legislation should require its humane destruction after should also define a "dangerous" dog BE IT RESOLVED by the Council of the City of urged to "dangerous" define a "vicious" dog and due process procedures and and impose strict conditions upon which it shall be kept, including requirements of a secure enclosure, warning signs, permanent identification of the dog, muzzling when off the owner's premises and special insurance or bond coverage to protect the public. 3. The City Clerk is directed to forward a copy of this resolution to the Members of the Committee appointed pursuant to SJR 136, to Senator Mark L. Early, sponsor of SJR 136, and to Senator J. Granger Macfarlane, and Delegates A. Victor Thomas and Clifton A. Woodrum, III. ATTEST: City Clerk. WILBURN C. DIBLING, JR. CITY A~I'ORN EY CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 October 15, 1990 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU ASSISTANT CIT~ ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: "Vicious" and "dangerous" dogs Dear Mrs. Bowles and Gentlemen: As requested by City Council at its meeting of October 8, 1990, I have drafted two resolutions relating to the regrettable vicious dog attack which occurred in the City on October 3, 1990. The first resolution commends those two heroic citizens who came to the rescue of India Renee Hairston on October 3, 1990. The second resolution urges the 1991 Session of the General Assembly to adopt emergency legislation regulating "vicious" and "dangerous" dogs. As you know, City Council had adopted an ordinance strictly prohibiting the keeping of any vicious dog or any dog which has "evidenced a disposition to attack human beings" within the City. See §6-27. Violation of this section is punishable by a fine of $250.00, and, upon the conviction of any owner for violation of the section, the court may order the humane destruction of the animal. Although §6-27 is easily enforceable after a dog has evi- denced its viciousness by an unprovoked attack on a human being, the enforcement of this section is complicated when the issue is whether a dog "has evidenced a disposition to attack human beings", i.e. whether the dog is potentially vicious. In an effort to devise an enforceable regulatory scheme, I have reviewed dog control ordinances adopted by local governments throughout the country. In my view, the better ordinances define "vicious" dogs and "dangerous" dogs and treat these two categories differently. Typically, the "vicious" dog is defined as one which has previously made an unprovoked attack upon a human being which has resulted in serious injury. Most ordinances provide that a "vicious dog" shall be humanely destroyed or, alternatively, that it shall not be kept within the boundaries of the adopting juris- diction. A "dangerous" dog is one that is potentially vicious, and a dog is generally classified as "dangerous" after it has en- gaged in certain antisocial conduct short of inflicting serious Honorable Mayor and Members of City Council October 15, 1990 Page 2 injury on a human being. Once a dog is classified as "dangerous", then it may be kept in the jurisdiction only upon certain condi- tions. These conditions ordinarily include requirements of a secure enclosure, posting of signs to warn the public, permanent identification of the dog, muzzling of the dog when it is off the owner's premises and special insurance or bond coverage to protect the public. I recommend that City Council urge the 1991 Session of the General Assembly to adopt emergency legislation requiring the humane destruction of "vicious" dogs and imposing strict condi- tions, such as those enumerated above, with respect to the keep- ing of "dangerous" dogs. Adoption of the attached resolution directed to the General Assembly will accomplish this objective. If City Council concurs and adopts this resolution, I shall vigorously advocate this important cause before the 1991 Session of the General Assembly. I have been asked whether the City might adopt an ordinance regulating "vicious" and "dangerous" dogs without any action by the General Assembly. Regrettably, the authority of City Council to deal with this issue without the enactment of State enabling legislation is in question. As is well known to the Council, the powers of local governments in the Commonwealth are severely con- strained by the Dillon Rule. Under the Dillon Rule, local govern- ments have only three types of powers: (1) those granted in ex- press words; (2) those necessarily or fairly implied in or inci- dent to the powers expressly granted; and (3) those essential to the declared objects and purposes of the corporation, not simply convenient, but indispensable. Under the law, if doubt exists as to the existence of a particular power, the courts will hold that the power does not exist. I trust that the information included in this report will prove useful to City Council. Should any member of Council have questions in this regard, I shall be pleased to address them. With kindest personal regards, I am Sincerely yours, Wilk g, Jr. City Attorney WCDJr:fcf Honorable Mayor and Members of City Council October 15, 1990 Page 3 Attachment cc; W. Robert Herbert, City Manager George C. Snead, Jr., Director, Safety Mary F. Parker, City Clerk Administration and Public Office of the City Manager October 15, 1990 Honorable Mayor and City Council Roanoke, Virginia Subject: Vicious Dogs Dear Members of Council: The City's vicious dog ordinance was passed by Council prior to 1956, and was not intended to regulate the more-aggressive breeds of dogs that are presently owned by City citizens. Currently, our Animal Control officers enforce Sec. 6-22 through Sec. 6-68 of the City Code (which pertain mostly to dogs). The current "vicious dog" law is addressed under Sec. 6-27 of the ~ity Code. There is no state statute that addresses "vicious dogs" per se, and there is no specific state statute that addresses a dog attack upon a human being. The language of our present City Code section does not define the term "vicious." The section reads, in part, "...dog which is known to be vicious or which has evidenced a disposition to attack human beings." The present ordinance limits the City's ability to deal with potentially dangerous dogs for the following reasons: More than one incident is often necessary before a dog will be considered "vicious." 2. The range of penalties is limited. The penalty is a fine of up to $250, but the judge must decide whether to have the dog euthanized or to return it to the owner--these are the only options. 3. There are no conditions placed upon the owner for the keeping of vicious or potentially vicious dogs in the City to protect the public. Enforcement efforts are hampered, as the present ordinance allows the dog at least "one bite" and does not impose conditions upon the keeping of these dogs. Between August, 1989, and September, 1990, Animal Control officers investigated ten (10) "vicious dog" incidents, and charges for vicious dog were placed in nine (9) of the ten (10) cases against the owner. These cases involved aggressive behavior on the part of the dog and involved bites in nine (9) of the ten (10) cases. Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2333 Honorable Mayor and City Council Page 2 October 15, 1990 Section 6-27 of the CitH Code grants the authority for the dogs to be humanely destroyed. In these cited cases, four (4) were destroyed and two (2) were ordered removed from the City by the judge hearing the cases. In most vicious dog cases, the dogs are not destroyed by order of the court and are taken under advisement for six (6) months. In view of the present ordinance limitations, the lack of designating owner responsibilities as to vicious or potentially vicious dogs and the questionable authority of the City to adopt a strong vicious dog ordinance as noted by the City Attorney in the accompanying report, the Commonwealth is urged to enact specific statutes pertaining to dangerous dogs. The increased public attention and awareness to the issue of vicious dogs brought about by recent media coverage of dog attacks behooves the Commonwealth to move in the direction of stronger and more stringent dog laws. Respectfully submitted, W. Robert Herbert City Manager WRH/hw Office of the City Clerk October 17, 1990 File #60-55-178 ~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance. No. 30277-101590 amending and reordaining certain sections of the 1990-91 Grant Fund Appropriations, providing for the appropriation of $57,384.00 in program income received from the Roanoke Redevelopment and Housing Authority, Greater Roanoke Transit Company, and other sources. Ordinance ~o. 30277-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Ms. ~arie T. Pontius, Grants Monitoring Aaministrator Mr. Barry L. Key, Manager, Qffice of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN 'f~ COUI~CIT- OF 'm'~i~ CITY OF ~O~OK]~, VIRGINI_~ The 15th Day of October, 1990. No. 30277-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 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 Roanoke that certain sections of Appropriations, be, and the same are reordained to read as follows, in part: the Council of the City of the 1990-91 Grant Fund hereby, amended and A ro riations Community Development Block Grant - FY90 Unprogrammed CDBG (1-4) ............................. Community Development Block Grant - FY91 Unprogrammed CDBG (5) ............................... $2,320,258 58,815 2,089,532 5,744 ~even~e Community Development Block Grant - FY90 Community Development Block Grant - FY91 1) Unprogrammed CDBG - Parking Lot Income 2) Unprogrammed CDBG - Other Loan Payments 3) Unprogrammed CDBG - Float Loan Interest 4) Unprogrammed CDBG - Home Purch. Program 5) Unprogrammed CDBG - Wmsn. Road Garage 6) Parking Lot Income - 7) Other Income - RRHA (6-11) ..... (12) ....... (035-089-8940-5183) $ 35,251 (035-089-8940-5186) 3,439 (035-089-8940-5188) 12,750 (035-089-8940-5192) 200 (035-090-9040-5182) 5,744 (035-035-1234-9002) 38,176 (035-035-1234-9003) ( 2,925) $2,320,258 2,089,532 8) Interest on Float Loan 9) Loan Payment - NNEO 10) Loan Payment - Chem. and Paper Services 11) Home Purch. Program 12) Williamson Road Garage (035-035-1234-9021) (035-035-1234-9009) (035-035-1234-9015) (035-035-1234-9022) $ 12,750 2,876 563 200 (035-035-1234-9107) 5,744 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. CI1U OF' FIOANOK~. VA, October 15, 1990 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Program Income Received from Roanoke Redevelopment and Housing Authority, Greater Roanoke Transit Company, and Other Miscellaneous Program Income Program Income From RRHA By agreement with the City of Roanoke, the Roanoke Redevelopment and Housing Authority administers a large segment of the City's Community Development Block Grant Program. The Housing Authority receives program income during the course of its administration of various projects by renting properties, by receiving rehabilitation loan repayments from project area residents, and by receiving repayments of loan loss reserve funds as housing loans are repaid. The Housing Authority is required to transfer this program income to the City of Roanoke. The City of Roanoke is required to use the income for a community development activity. The Housing Authority has made payment to the City in the amount of $35,251 through June 30, 1990, for the following program income: $35,251 in parking lot rentals in the Downtown East Project in excess of parking lot income previously appropriated Honorable Mayor and Members of City Council Page 2 October 15, 1990 Pro,ram Income From GRTC The Greater Roanoke Transit Company manages the daily operation of the Williamson Road Parking Garage. A portion of the annual net income of the Williamson Road Parking Garage is considered program income as a result of UDAG funding provided to construct the garage. The Transit Company transfers these funds to the City. The City of Roanoke is required by grant agreement to use these funds for housing rehabilitation. The amount of program income for the year ending June 30, 1990, is $5,744. Miscellaneous Pro~ram Income The City has received program income: the following miscellaneous $2,876 in CDBG loan repayments from the Northwest Neighborhood Environmental Organization (NNEO) in excess of amounts previously appropriated · $563 in CDBG loan repayments from Chemical and Paper Services in excess of amounts previously appropriated · $12,750 representing interest earned on the CDBG float to Fralin and Waldron for the Market Building. This amount is in excess of the amounts previously appropriated. $200 in loan repayments received by the City under the Home Purchase Assistance program. Honorable Mayor and Members of City Council Page 3 October 15, 1990 I recommend that City Council appropriate the total of $57,384 in program income received from the Housing Authority and other sources as follows: $35,251 to account 035-089-8940-5183, Unprogrammed CDBG - Parking Lot Income. This amount will be available for future appropriation transfers for a community development purpose; and $3,439 to account 035-088-8840-5186, Unprogrammed CDBG Other Loan Repayments. This amount will be available for future appropriation transfers for a community development purpose; and $12,750 to account 035-089-8940-5188, Unprogrammed CDBG - Interest on Float Loan. This amount will be available for further appropriation transfer for a coz~unity development purpose; and $200 to account 035-089-8940-5192, Unprogrammed CDBG - Home Purchase Assistance Program loan repayments. This amount will be available for a further appropriation transfer for a community development purpose; and $5,744 to account 035-090-9040-5182, Unprogrammed CDBG - Williamson Road Garage. This amount will be available for future appropriation transfers for housing rehabilitation. JMS/pac cc: W. Robert Herbert, City Manager Marie Pontius, Grants Monitoring Administrator Office of the City Clerk October 17, 1990 File #192 Hr. W. Robert Herbert City ,~anager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance'No. 30279-101590 accepting £he bid of Construction Services of Roanoke, Incorporated, in the total amount of $92,850.00, for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium, upon certain terms and conditions. Ordinance No. 30279-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. Sincerely, ~~ Nary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Hr. Joel M. Schlanger, Director of Finance ~r. George C. Snead, Jr., Director of Administration and Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Mr. William F. Clark, Director of Public Works Hr. Charles M. Huffine, City Engineer ~s. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Assistan~ to the City Manager for Community Relations Mr. Barry L. Key, ~anager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #192 ~r. Earl H. Shumate Senior Vice-President Buildiag Specialists, Inc. P. O. Sox 1174 Roanoke, Virginia 24006 Dear Mr. Shumate: I am enclosing copy of Ordinance No. 30279-101590 accepting the bid of Construction Services of Roanoke, Incorporated, in the total amount of $92,850.00, for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium, upon certain terms and conditions. ~rdinance No. 30279-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described repairs. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Eric. Room 456 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #192 ~r. Richard H. Eades President Q. ~. Tomlinson, Inc. P. C. Box 11724 Roanoke, Virginia 24022 Dear Mr. Eades: I am enclosing copy of Ordinance No. 30279-101590 accepting the bid of Construction Services of Roanoke, Incorporated, in the total amount of $92,850.00, for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium, upon certain terms and conditions. Ordinance No. 30279-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. On behalf of the .Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described repairs. Sincerely, ~~ Wary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #192 Hr. Barry W. Baird Executive Vice-President Avis Construction Company, P. ©. Box 11985 Roanoke, Virginia 24022 Dear ~r. Baird: I am enclosing copy of Ordinance No. 30279-101590 accepting the bid of Construction Services of Roanoke, Incorporated, in the total amount of $92,850.00, for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium, upon certain terms and conditions. Ordinance No. 30279-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- aescribed repairs. Sincerely, ~~ 'vlary F. Parker, C~C/AAE City Clerk MFP : ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #192 Mr. Lawrence D. Johnson, Jr. President Construction Services of Roanoke, 3812 Bunker Hill Drive, S. ~. Roanoke, Virginia 24018 Inco Dear Mr. Johnson: I am enclosing copy of Ordinance No. 30279-101590 acceptiag the bid of Construction Services of Roanoke, Incorporated, in the total amount of $92,850.00, for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium, upon certain terms and conditions. Ordinance No. 30279-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, October 15, 1990. Sincerely, Mary F. Parker, C~4C/AAE City Clerk MFP:ra Enc. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF The 15th Day of October, 1990. No. 30279-101590. ROANOKE, VIRGINIA, AN ORDINANCE accepting the bid of Construction Services of Roanoke, Incorporated for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Construction Services of Roanoke, Incorporated made to the City in the total amount of $92,850.00 for repair of structural fire damage and conduit replacement at the Roanoke Civic Center Auditorium such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifica- tions made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk October 17, 1990 File #60-192 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attachiag copy of Ordinance. No. 30278-101590 amending and reordaining certain sections of the 1990-91 Civic Center Fund Appropriations, providing for the appropriation of funds, in con- nection with award of a contract to Construction Services of Roanoke, Inc., for repair of structural fire damage and replace- ment of electrical wire and conduit at the Roanoke Civic Center Auditorium, in the amount of $92,850.00. Ordinance No. 30278-101590 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, October 15, 1990. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra ~C. pC: Mr. W. Robert Herbert, City Manager Ur. George C. Snead, Jr., Director of Aaministration and Public Safety Mr. Bob E. Chapman, ~anager, Civic Facilities Mr. William F. Clark, Director of Public ~orks Mr. Charles ~. ~uffine, City Engineer ~s. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, ~anager, Office of Management and Budget Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN 'l'lJ~ COUNCIL OF 'l'it~ CITY OF ~OANOKE, VIRGINIA The 15th Day of October, 1990. No. 30278-101590. AN ORDINANCE to amend and reordain certain sections of the 1990-91 civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1990-91 civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Capital Outlay from Revenue Civic Center Auditorium Fire Damage (1-2) ........... $ 901,991 587,850 Revenue Accounts Receivable - Industrial Risk Insurers (3).. $ 562,600 Retained Earninqs Retained Earnings Unrestricted (4) .................. $1,753,235 1) Approp. from General Revenue 2) Approp. from Third Party 3) Accounts Receivable - Industrial Risk Ins. 4) Retained Earnings Unrestricted (005-050-8630-9003) (005-050-8630-9004) (005-1112) (005-3336) $ 20,250 82,600 82,600 (20,250) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Repair of Structural Fire Damage Roanoke Civic Center Auditorium 710 Williamson Road, N.E. Roanoke, Virginia Roanoke, Virginia October 15, 1990 I. B~ckground: C.ity Council, at its October 8, 1990 meeting, publicly opened and read aloud the bids received for Repair of Structural Fire Damage at the Roanoke Civic Center Auditorium at 710 Williamson Road, N.W., Roanoke, Virginia. Four (4) bids were received with Construction Services of Roanoke, Incorporated, of Roanoke, Virginia, submitting the low bid in the amount of $72)600.00 and 80 consecutive calen- dar days for Bid Item No. I and $20~250.~ for Bid Item No. II. Work in Bid Item No. I consists of repair of the structural fire damage to the building and its contents. The City of Roanoke employed Hayes, Seay, Mattern & Mattern, Inc. to assist in the survey to determine the structural fire damage to the building. This work is covered by Bid Item No. I which includes but is not necessarily limited to the following: 1. Repair of damaged concrete columns. 2. Replace insulated glass panels (a minimum of 43). 3. Replace hollow metal doors and frames in southwest stairwell. 4. Replace wood doors and hollow metal frames at Auditorium entrance portals. 5. Repair and paint damaged plaster wall finishes. 6. Replace carpet. 7. Repair damaged concrete surfaces. Page 2 Repair and replace concrete curbs around plant box and at windows, concrete railing at mezzanine level and other damaged concrete surfaces. 9. Repair and replace bronze handrails, louvers and grilles, fire hose cabinets. 10. Replace ceilings on both levels of southwest stairs. Bid Item No. II is for the replacement of all electric con- duit and wiring that was above the lobby ceiling on both levels. The asbestos abatement contractor removed the con- duit and wire when he removed the asbestos containing ceiling and support system. Dewberry and Davis, the City's architect/engineer which prepared the specifications, has formally notified the contractor that the conduit and wire were not specified to be removed. Bid Item No. II does not relate to fire damage and a separate quotation for the con- duit and wire replacement was taken. De City Council, at its September 17, 1990 meeting, authorized the City Manager to employ M. F. Bank (TRC) of Atlanta, Georgia, to clean and decontaminate the facility. E. $5~000.00 deductible portion of insurance coverage is covered under the decontamination/cleaning contract. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low bid. C. Funding of the project. D. Time of completion. III. Alternatives are: Ae Award a lump sum contract to Construction Services of Roanoke, Incorporated, of Roanoke, Virginia, in the amount of $72,600.00 and 80 consecutive calendar days for Phase I and $2D~250.00 additional for Phase II, in accordance with the contract documents as prepared by the Office of City Engineer. 1. C~pliance of the bidders with the requirements of the contract documents was met. 2. Amount of the low bid is acceptable. Page 3 3. Fundin9 of this project is as follows: Phase I, in the amount of $72~600.00 and 80 consecutive calendar days is for the Structural Repai~f the Civic Center Auditorium and is company, Industrial Risk of $10~OOO..QD shall also of the work. Additional the unique nature of the covered by the City's insurance Insurers. A contingency amount be appropriated for this phase change orders are likely due to facility and the fact that this is a fire related repair project. The current estimated amount of the construction has been approved by the City's insurance carrier, Industrial Risk Insurers. Phase II, in the amount of $20~250.00 is for the re- placement of the electric conduit and wiring above the ceiling of the main and mezzanine floor. This work was made necessary when the ceiling and ceiling support system was removed, in error. Funding for Phase II is available from Prior Years Retained Earnings. A con- tingency amount of $1~000.00 should also be encumbered for this phase of the work. 4. Time of completion is acceptable. B. Reject all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents would not be an issue. 2. Amount of the low bid(s) would probably increase if re- bid at a later date. 3. Fundin9 would not be encumbered at this time. Time of completion would be extended. Also, the electric conduit and wiring must be replaced before the new ceiling and lights (part of the remodeling contract) can be installed. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to enter into a contractual agreement, in form approved by the City Attorney, with Construction Services of Roanoke, Incorporated, of Roanoke, Virginia, for the Repair of Structural Fire Damage and Replacement of Electrical Wire and Conduit at the Civic Center Auditorium in the combined amount of $92~850.00 for Phase I and Phase II and 80 consecutive calendar days construction time. Page 4 Ce Appropriate $82~600.00 from estimated insurance proceeds to an account to be established by the Director of Finance and establish a receivable account of the same amount for the reimbursement due from the City's insurance company for the Phase I portion of the contract. Any additional work required for the fire damage repair will be approved by the Administration and the exact amount of the change filed with the City's insurance carrier for reimbursement. Appropriate the sum of $21~250.00 from Civic Center Retained Earnings for Phase II of the project to account number 005-050-8630-9003. The conduit was improperly removed and the City has notified the contractor and the consultant for this project of their responsibility for this cost. Establish an accounts receivable from the responsible contractor of the same amount pending settlement of claim. E. Reject the other bids received. Respectfully submitted, William White, Sr., Chafrman William F. Clark WW/LBC/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Citizen's Request for Service City Engineer Manager, Civic Center Construction Cost Technician ead, Jr. TABULATION OF BIDS REPAIR OF STRUCTURAL FIRE DAMAGE ROANOKE CIVIC CENTER AUDITORIUM 710 WILLIAMSON ROAD, N.E. ROANOKE, VIRGINIA Bids opened before City Council on October 8, 1990 at 7:30 p.m. NO. OF BID BIDDER PHASE I PHASE II TOTAL DAYS * BOND Construction Services of Roanoke, Incorporatec $72,600.00 $20,250.00 $92,850.00 80 YES Q. M. Tomlinson, Inc. $69,500.00 $27,000.00 $96,500.00 120 YES Avis Construction Co. $74,000.00 $28,000.00 $102,000.00 120 YES Building Specialists, Inc $83,500.00 $23,000.00 $106,500.00 120 YES * Consecutive Calendar Days Phase I: Repair of Structural Fire Damage Phase II: Replace Electric Conduit and Wiring William White, Sr., (hairman William F. Clark George(~C. Snead, Jr. Office of City Engineer Roanoke, Virginia October 15, 1990 Roanoke, Virginia October 15, 1990 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Repair of Structural Fire Damage Roanoke Civic Center Auditorium 710 Williamson Road, N.E. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm cc: Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety City Engineer Manager, Civic Center Citizen's Request for Services Construction Cost Technician Roanoke, Virginia October 15, 1990 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: Bid Comittee Report, Repair of Structural Damage, Roanoke Civic Center Auditorium, 710 Williamson Road, N. E., Roanoke, VA Please reserve space on Council's Agenda for a report pertaining to the above subject. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works Office of the City Clerk October 10, 1990 File #192 Mr. ~illiam anite, Sr., C~airman Mr. ~illiam F. Clark Mr. George C. Sneaa Gentlemen: ) ) Cormni t tee The follo~inq bids for repair of structural fire damage at Roanoke Civic Center 4uditorium were opened and read before the Council of the City of Roanoke at a regular meeting held on ~londay, October 8, 1990: BIODER Q. M. Tomlinson, Inc. Construction Services of Roanoke, Inc. Avis Cor~struction Company, Inc. Building Specialist, Inc. ITE~d I ITEU 2 $69,500.00 72,600.00 74,000.00 83,500.00 $27.000.00 20,250.00 28,000.00 23,000.00 On motion, duly seconded and adopted, the bids were referred to you £or tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, C~4C/AAE City Clerk ~4FP : r a pc: ¥!r. ~ilburn C. Oibling, Jr., City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk October 17, 1990 File #51 ~r. James D. Hardie 5714 Hollins Road, N. E. Roanoke, Virginia 24019 Dear ~r. Hardie: I am enclosing copy Ordinance No. 30264-101590 rezoniag a [tact of land located at 5105 Williamson Road, N. W., identified as Official Tax No. 2190616 and portions of Official Tax Nos. 2190602 and 2190603, from ~S-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Crdinance 30264-101590 was adopted by the Council of the City of Roanoke on first reading on Monday, October 8, 1990, also adopted by the Council on second reading on Monday, October 15, 1990, and will ~ake effect ten days following the date of its second reading. Sincerely, Mary F. Parker, C~C/AAE City Clerk MFP:ra Enc. pC: ~r. & Mrs. Neville E. Wheeling, 918 ~hitney Avenue, N. W. Roanoke, Virginia 24012 ' Mr. & Hrs. Roy R. Stanley, 922 Whitney Avenue, N. ~., Roanoke, Virginia 24012 ~r. & Mrs. Homer E. Austin, 928 Whitney Avenue, Roanoke, Virginia 24012 ' Hr. & Hrs. Manuel P. Dooley, 932 Whitney Avenue, N. ~., Roanoke, Virginia 24012 Ms. Susie P. Mar[in, 1004 Whitney Avenue, N. W. Roanoke Virginia 24012 ' ' Room 456 Municipal Building 215 Church Avenue. S,W. Roanoke. Virginia 24011 (703) 981-2541 Mr. James D. Hardie October 17, 1990 Page 2 pc: Cirlan, Inc., 5046 ~illiamson Road, N. ~., Roanoke, Virginia 24012 Ms. Hilda F. Argabright, 5102 Woodbury Street, N. ~., Roanoke, Virginia 24012 Mountain Trust Bank, c/o First Merchants National Bank, 302 South Jefferson Street, Roanoke, Virginia 24011 Ms. Rebecca S. ~illiams, 7002 Dallas Road, N. ~., Roanoke, Virginia 24019 Mr. & Mrs. Philip K. Mundy, .917 Whitney Avenue, N. ~., Roanoke, Virginia 24012 Mr. Frank Blankenmyer, 5113 Red Stag Road, S. W., Roanoke, Virginia 24014 Mr. Dis Mr. Mr. Mr. Mr Mr Mr Mr Administrator Mr. John R. Commission Ms. Doris Layne, Wayne G. Strickland, Executive Director, Fifth Planning trict Commission, P. O. Box 2569, Roanoke, Virginia 24010 ~. Robert Herbert, City Manager ~ilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Von W. Moody, III, Director of Real Estate Valuation Michael M. ~aldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals ~illiam F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF The 15th Day of October, 1990. No. 30264-101590. ROANOKE, VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, sub- ject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, subject to certain conditions prof- fered by the Petitioner; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said Third Amended Petition at its meeting on October 8, 1990, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all par- ties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid amended petition, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the mat- ters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein pro- vided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land located at 5105 Williamson Road, N.W., designated on Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2190616 and portions of Nos. 2190602 and 2190603 be, and is hereby rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, subject to those conditions proffered by and set forth in the aforesaid Third Amended Petition to Rezone filed in the Office of the City Clerk on August 29, 1990, and that Sheet No. 219 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission October 8, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council koanoke, ~irginia Dear Members of Council: Subject: Request from James W. Hardie that a tract of land located at 5105 Williamson Road, N.W., identified as official tax no. 2190616 and portions of official tax nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: A. Purpose of request is to place subject property in conformance with adjacent property for commercial development. B. Petition to rezone was filed on July 9, 1990. Co First amended petition was filed on July 13, 1990. The following conditions were proffered by the petitioner: That the property will be developed in substantial compliance with the site plan prepared by Campbell Construction Company dated June 15, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site plan review. That if no building permit has been issued and no construction commences within 3 years from the date of final zoning approval, the zoning shall revert to RS-3, Residential Single Family District without further action by City Council. Room 355 Municipal Building 215 Churd~ Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344 Plannin~ Commission public hearing was held on August 1, 1990. Discussion focused on need to specify use of property, height and size of proposed new building, parking requirements and pedestrian access to the site from Whitney Avenue. Mrs. Mundy, resident of the neighborhood and adjoining property owner, stated concerns as to drainage/water run-off from the site and desire for a privacy fence between the two (2) properties. The rezoning request was tabled to allow more time for the petitioner to work with the staff in addressing the concerns raised during the public hearing. Meetings between the staff, the petitioner, and his representative were held on three occasions resulting in the petitioner preparing a revised conceptual site plan and amended rezoning petition. Second amended petition was filed on August 22, 1990. Third amended petition was filed on August 29, The following conditions were proffered by the petitioner: 1990. That the property will be developed in substantial compliance with the site plan dated August 20, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site plan review. That if no building permit for the renovation of the existing structure or permit for the construction of the new structure is issued and begun within a period of three years, the zoning shall revert to RS-3, Residential Single Family District without further action of City Council. There shall be no outside storage or display of merchandise on site. The following uses shall not be constructed or operated on the rezoned property: restaurants, public service facilities, motels, open air markets, gas stations, kennels, bus terminals, public parking areas, funeral homes, convenience store, automobile repair center, sales and rentals or heavy duty construction equipment and repair and maintenance. The new structure will be a single story building with a maximum height of twenty feet from main floor level and no larger than 8,000 II. square feet. Further, on the Whitney Avenue side, a four foot high chain link fence will be erected to prevent access from said side street. In addition, a six foot wooden stockade type fence will be erected next to single family residence to afford privacy from rear parking area. Vegetation will be maintained on Whitney Avenue to further insure privacy for that area. No provision for access, vehicular or pedestrian, will be allowed from the Whitney Avenue side. Ail planting on the site will be maintained and replaced as necessary. Planning Commission public hearing was held on Wednesday, September 5, 1990. Mr. Hardie appeared before the Commission and presented his revised proffered site plan and revised amended petition. Mr. Buford asked the petitioner if he was going to extend the proposed fencing along the Woodbury Street side. Mr. Hardie responded that he was not becasue he felt it would take away from the property entrance area after the reconstruction work is done on the property. He further commented that he would like to see the City install "no parking" signs along that street as they had done in the adjoining triangle area. There were no other questions or comments from the Commission. Mr. Phil Mundy, an adjoining property owner, appeared before the Commission and questioned the drainage problems in that area and how it would be handled given the proposed development. Chairman Waldvogel responded by stating that the City had a "O" water runoff policy and that in the site review process, the petitioner would have to make certain assurances that drainage runoff would not happen. To the other issues that were raised, Chairman Waldvogel stated that these concerns were addressed at the previous meeting and were further addressed by the petitioner's revised site plan and amended proffers. There was no further discussion. There was no opposition presented from the neighborhood on this rezoning request. Issues: Zoning of the proposed development site is currently RS-3 along the Whitney Avenue frontage and C-2 along the Williamson Road frontage. The subject rezoning area is the portion of the site that is zoned RS-3. The surrounding zoning in the area is as follows: to the north, across Williamson Road, is a mix of C-1 and C-2 zoning; to the east is C-2 and RS-3 zoning; to the south is RS-3 zoning; to the southwest is RM-1 zoning and to the west is C-2 zoning. Land use of the subject property is vacant residential. Land use surrounding the site is as follows: to the north is a mix of commercial office and financial uses; to the east is a motel and single family residential use; to the south are single family residential uses and to the west is a mix of open space and an adult group home. Utilities are available and adequate. An adequate storm sewer system exists in Williamson Road and the petitioner is aware that the required retention system must be designed in such a manner as to discharge into the existing system and not negatively impact the low lying area of the subject property or any adjoining property. Access to the subject property will be provided by a single 30 foot entrance onto Williamson Road. Some of the existing vegetation at the corner of Woodbury Road and Williamson Road would have to be removed to provide an adequate sight distance area. No vehicular or pedestrian access to the site will be provided from the Whitney Avenue frontage and the petitioner reaffirms this by such a proffered condition in the rezoning petition. Screening would be required along the Whitney Avenue frontage which adjoins a residentially zoned district. The proffered (conceptual) site plan and conditions require that a four (4) foot high chain-link fence will be installed along that entire property boundary in addition to maintaining and supplementing some of the existing vegetation along that right-of-way. Furthermore, comprehensive site plan review requires all trees of 6" caliper to be documented and preserved to the greatest extent possible on the site. Neighborhood organization is the Williamson Road Action Forum. The Planning office notified the neighborhood organization in writing on July 19, 1990. Prior to the August 1, 1990, Commission meeting, the staff was verbally notified by Mr. Charles Minter, president of the Williamson Road Action Forum, that the organization had no objections to the proposed rezoning. G. Comprehensive Plan recommends that: Neighborhood character and environmental quality be protected. Commercial development is carefully evaluated to ensure conflict with residential areas are minimal. Commercial development is encouraged through public and private actions to ensure a strong and diversified economic base and employment opportunities for area residents. II. Alternatives: A. City Council aDprove the rezoning request. 1. Zoning of the subject property would be C-2. Land uses will become commercial and a vacant residential structure is rehabilitated for adaptive reuse. Utilities to the property are adequate. Storm drainage concerns and any other engineering or design problems can be resolved during the comprehensive development plan review process. Access to and from the site can be safely provided by the one curb cut as proposed. Screening will be provided by the proffered fencing, preservation of existing vegetation on the site, and supplemental planting required as a result of the comprehensive development plan review process. Neighborhood realizes the potential benefit from the development of a largely undeveloped site and the restoration and rehabilitation of an older residential structure on the property. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoning of the site remains RS-3 along the Whitney Avenue frontage and C-2 along the Williamson Road frontage. 2. Land use would remain primarily vacant, undeveloped. 3. Utilities would be unaffected. 4. Access would not be an issue. 5. Screenin9 would not be required. 6. Neighborhood would remain unchanged. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: By a vote of 6-0, the Planning Commission recommended approval of the rezoning request. The preservation of substantial natural vegetation on the site, the structural restoration and rehabilitation of the existing building and the petitioner's awareness of the needs and concerns to carefully design adequate buffering and screening on the site, in conjunction with limiting the types of commercial uses to be permitted on the site, demonstrate a sensitivity to the neighborhood and a desire to promote a quality and harmonious development in the area as set forth in the comprehensive plan. Respectfully submitted, Roanoke City Planning Commission JRM:JTT:mpf attachments cc: Assistant City Attorney City Engineer Building Commissioner Petitioner Office of the City Clerk A~gust 31, 1990 File #51 Mr. Michael M. ~aldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~aldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a third amended petition from Mr. James W. Hardie, requesting that a tract of land located at 5105 Williamson Road, N. ~., identified as Official Tax No. 2190616 and portions of Official Tax Nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk ~FP:ra REZONE34 Enc o pc: Mr. James W. Hardie, 5714 Hollins Road, N. E., Virginia 24019 ~lr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, Rezoning of a tract of land located at 5105 Williamson Road, N.W. (Tax Map No. 2190616 and portions of 2190602 and 2190603, from RS-3, Residential Single Family District to C-2, General Commercial District such rezoning to be subject to certain conditions. REVISED PETITION TO REZONE (THIRD AMENDED PETITION) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, James W. Hardie has a contract to ~urchase land in the City of Roanoke containing 2 acres, more or less located at 5105 Williamson Road, N.W., Roanoke, Virginia, (Tax Map Number 2190616 and portions of Tax Map _ Nos. 2190602 and 2190603. Said tract is currently zoned RS-3, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit "A". Pursuant'to Article VII of Chapter 36.1-690, Code of the City of R~an0~e (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, subject to certain conditions set forth below, the purpose of conforming with adjacent property for commercial development. for The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and it's comprehensive plan in that it will -1- change said property from RS-3, Residential Single Family District to C-2, General Commercial District Commercial zoning for the specific purpose of having the rear part of the parcel of land which is presently zoned RS-3 to conform with the front part parcel which is presently C-2 to be used for parking, screening, and buffering. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: 1. That the property will be developed in substantial compliance with the site plan dated August 20, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site plan review. 2. That if no building permit for the renovation of the existing structure or permit for the construction of the new structure is issued and begun within a period of three years, the zoning shall revert to RS-3, Residential Single Family District without further action of City Council. 3. There shall be no outside storage or display of merchandise on site. 4. The following uses shall not be constructed or operated on the rezoned property; restaurants, public service facilities, motels, open air markets, gas stations, kennels, bus terminals, public parking areas, funeral homes, convenience store, automobile repair center, sales and rentals of heavy duty construction equipment and repair and maintenance. -2- 5. The new structure will be a single story building with a maximum height of twenty feet from main floor level and no larger than 8,000 sq. ft. Further on the Whitney Avenue side a four foot high chain link fence will be erected to prevent access from said side street. In addition, a six foot wooden stockage type fence will be erected next to the single family residence to afford privacy from rear parking area. Vegetation will be maintained on Whitney Avenue to further insure privacy for that area. 6. No provision for vehicular or pedestrian access will be allowed from the Whitney Avenue side. 7. Ail planting on the site will be maintained and replaced as necessary. Attached as Exhibit "C" are the names, addresses, and tax numbers of the owners of all lots or property immediately adjacent to or immediately across'the street or road from the property to be rezoned. Wherefore, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provision of the zoning ordinance of the City of Roanoke. Respectfully submitted this 30th day of August, 1990. Roanoke, VA 24019 Phone No. 703-362-1510 LOCATION v \ i ;, Z,t~tO0~ :,, Zt~tOOZ, Z.l~o 10c~ ,,o.o,; NO CvO~ OPFICIAL TAX NUMBER 2190805 2190804 2190803 2190802 2190801 and 2190708 2190521 2190217 2190301 2190301 2190605 OWNER'S NA~E OWH~R'S MAILZNGADDR~SS CITY, STATE, ZIP Neville E. & ~a~ba~a T. Wheeling 918 Whitney Ave., Roanoke, Virginia 24012 Roy R. & Llllian S. Stanley 922 whitney Ave., N.N. Roanoke, Vi:qtnia 24012 Homer B. & G:ace O. Austin 928 Waitney Ave., N.W. .Roanoke, Vi=ginia 24012 · anuel f. & ~ula B. Dooley _ 932 Fait. ney Ave., Roanoke, Virginia 2~012 Susie P. 1004 Fattney Ave., Roanoke, Virginia 24012 5046 #1111.118on Road, Roanoke, Virginia 24012 Hllda F. Arqabright 5102 Woodbury St., N.W. Roanoke, Virginia 24012 P.O. 23501 Rountain Trust Bank (Sovran) P.O. Box 600 Nor£olkVirglnia 23501 Rebecca 8. WLlllaB8 7002 Dallas ~d., R.W. Roanoke, Vtrgtn~ 24019 2190615 .2190601 2190603 2190604 917 ~'httnay Ava., N.No Roanoka,V~gqtnla C:L~,y o£ Roanoke,vtgqtnia Frank Blankenmyar 5105 WillLamson Road Roanoke, Vtgglnta 24012 24012 RCA~.C~S TIRES & Wg~,Lg-;~E~$ mO NUMBER 91903247 PUBLISHER'S FEE - SdI,O(] CITY DF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL 8LOG ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS9 A DAILY NEWSPAPER PUBLISHED IN ROANOKE9 IN THE STATE OF VIRGINIA~ DC CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAIO NEWSPAPERS ON THE FOLLOWING OATES 09/21/90 MORNING 09/28/90 MORNING WITNESS,~ 1St. DAY OF OC~.~ER 1990 A~THORIZED SIGNATURE C#YCWqS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 8, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RS-3, Residential Single-Family District, to C-2, General Commercial District, the following property: A tract of land located at 5105 Williamson Road, identified as Official Tax No. 2190616 and portions of Official Tax Nos. 2190602 and 2190603. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be the question. GIVEN under my hand this 19th day of September heard on , 1990. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, September 21, 1990, and once on Friday, September 28, 1990, in the Roanoke Times & World News, Morning Edition. Please send bill and publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk September 24, 1990 File #51 Mr. James ~. Hardie 5714 Hollins Road, N. E. Roanoke, Virginia 24019 Dear .~1r. h'ardie: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke gra~ t your request that a tract of land located at 5105 ~illiamson Road, N. ~., identified as ~fficial Tax No. 2190616 and portions of ©f[icial Tax Nos. 2190602 and 2190603, be rezoned from R$-3, Residential Single Family District, to C-2, General Com~ rical District, subject to certain conditions proffered by the ~eti- tioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, April 6, 1981, a public hearing on the abovedescribed request has been set for ~onday, ©ctober 8, 1990, at 7:30 p.m., or as soon thereafter as tt[e matter may be heard, in t~e City Council Chamber, fourth floor of the ~unicipal Building, 215 Church Avenue, S. ~. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. ~arlles, Chief of Community Planning, at 981-2344. ~FP:ra PUBLIC34 Enc. Sincerely, ~4ary F. ParKer, City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk August 31, 1990 File #51 Mr. Michael M. ~aldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~aldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a third amended petition from Mr. James W. Hardie, requesting that a tract of land located at 5105 Williamson Road, N. ~., identified as Official Tax No. 2190616 and portions of Official Tax Nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~ Nary F. Parker, CMC/AAE City Clerk ~FP:ra REZONE34 Eric, pc: Mr. James W. Hardie, 5714 Hollins Road, N. E., Virginia 24019 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIR%G~NI~ Rezoning of a tract of land located at 5105 Williamson Road, N.W. (Tax Map No. 2190616 and portions of 2190602 and 2190603, from RS-3, Residential Single Family District to C-2, General Commercial District such rezoning to be subject to cer%ain conditions. TO THE OF ROANOKE: The Petitioner, James W. Hardie purchase land in the City of Roanoke REVISED PETITION TO REZONE (THIRD AMENDED PETITION) HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY has a contract to containing 2 acres, more or less located at 5105 Williamson Road, N.W., Roanoke, Virginia, (Tax Map Number 2190616 and portions of Tax Map Nos. 2190602 and 2190603. Said tract is currently zoned RS-3, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit "A". Pursuant to Article VII of Chapter 36.1-690, Code of the City of R~anoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of conforming with adjacent property for commercial development. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and it's comprehensive plan in that it will -1- change said property from RS-3, Residential Single Family District to C-2, General Commercial District Commercial zoning for the specific purpose of having the rear part of the parcel of land which is presently zoned RS-3 to conform with the front part parcel which is presently C-2 to be used for parking, screening, and buffering. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: 1. That the property will be developed in substantial compliance with the site plan dated August 20, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site plan review. 2. That if no building permit for the renovation of the existing structure or permit for the construction of the new structure is issued and begun within a period of three years, the zoning shall revert to RS-3, Residential Single Family District without further action of City Council. 3. There shall be no outside storage or display of merchandise on site. 4. The following uses shall not be constructed or operated on the rezoned property: restaurants, public service facilities, motels, open air markets, gas stations, kennels, bus terminals, public parking areas, funeral homes, convenience store, automobile repair center, sales and rentals of heavy duty construction equipment and repair and maintenance. -2- 5. The new structure will be a single story building with a maximum height of twenty feet from main floor level and no larger than 8,000 sq. ft. Further on the Whitney Avenue side a four foot high chain link fence will be erected to prevent access from said side street. In addition, a six foot wooden stockage type fence will be erected next to the single family residence to afford privacy from rear parking area. Vegetation will be maintained on Whitney Avenue to further insure privacy for that area. 6. No provision for vehicular or pedestrian access will be allowed from the Whitney Avenue side. 7. All planting on the site will be maintained and replaced as necessary. Attached as Exhibit "C" are the names, addresses, and tax numbers of the owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. Wherefore, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provision of the zoning ordinance of the City of Roanoke. Respectfully submitted this 30th day of August, 1990. Ja~s W. Hardie 5714 Hollins Road, N.E. Roanoke, VA 24019 Phone No. 703-362-1510 LOCATION v 2.t~OOt 2r,~l.O 02. ?.~ajO~ l ¢ . mm. OFFICIAL TAX NUMBER OWNER ' S NAME OWNER'S MAILING ADDRESs CITY, STATE, ZIP 2190805 219O804 2190803 2190802 2190801 and 2190708 2190521 2190217 2190301 2190301 2190605 Neville E. & Barbara T. Wheeling 918 Whitney Ave., N.B. Roanoke, Virginia 24012 Roy R. & Lillian S. Stanley 922 Whitney Ava., N.N. Roanoke, Virginia 24012 Homer E. & Grace O. Auetin 928 Whitney Ave., N.W. Roanoke, Virginia 24012 Manuel r. & Lula B. Dooley 932 Whitney Ave., N.N. Roanoke, Virginia 2~012 Susie P. Martin 1004 Whitney Ave., N.W. Roanoke, Virginia 24012 Ctrlan Inc 5046 Willta~son Road, Roanoke, Virginia 24012 Etlda F. Argabrtght 5102 Woodbury St., N.W. Roanoke, Virginia Mountain Trust Bank P.O. 600 Norfolk, Virginia 24012 23501 Mountain Trust Bank (Sovran) P.O. Bog 600 NorfolkVtrginta 23501 Rebecca 8. Willin~s 7002 Dallas ltd., N.#. Koanoke, Virginia 24019 ~190615 .2190601 2190603 2190604 Philip K & Margie G. Mundy 917 Whitney Ave., N.W. Roanoke,Virginia 24012 City of Roanoke,Virginia Prank Blankenmyer 5105 Williamson Road Roanoke, Virginia 24012 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING RE'ST O~ Request from James W. Hardie that a tract of land located at 5105 Williamson Road, N.W., identified as official tax no. 2190616 and portions of official tax nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. AFFIDAVIT COF940NWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 27th of August, 1990, notices of a public hearing to be held on the 5th day of September, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their las~ known address: PARCEL 2190805 2190804 2190803 2190802 2190801 2190708 2190521 2190217 2190301 2190605 2190615 OWNER~ AGENT OR OCCUPANT Mr. & Mrs. Neville E. Wheeling Mr. & Mrs. Roy R. Stanley Mr. & Mrs. Homer E. Austin Mr. & Mrs. Manuel P. Dooley Ms. Susie P. Martin Cirlan Inc. Ms. Hilda F. Argabright Moutain Trust Bank %lst Merchants National Bank Ms. Rebecca S. Williams Mr. & Mrs. Philip K. Mundy ADDRESS 918 Whitney Roanoke, VA 922 Whitney Roanoke VA 928 Whitney Roanoke VA 932 Whitney Roanoke VA Ave., NE 24012 Ave., NW 24012 Ave., NW 24012 Ave., NW 24012 1004 Whitney Ave., NW Roanoke VA 24012 5046 Williamson Rd, NW Roanoke VA 24012 5102 Woodbury St., NW Roanoke VA 24012 302 S. Jefferson St. Roanoke VA 24011 7002 Dallas Rd., NW Roanoke VA 24019 917 Whitney Ave., NW Roanoke VA 24012 2190601 2190603 2190604 City of Roanoke Mr. Frank Blankenmyer Roanoke, VA 24011 5113 Red Stag Rd., Roanoke, VA 24014 SW Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 27th day of August, 1990. Notary Public My Commission Expires: Office of the City Clerk August 23, 1990 File #51 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~aldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Mr. James W. Hardie, requesting that a tract of land located at 5105 Williamson Road, N. W., identified as Official Tax No. 2190616 and portions of Official Tax Nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra REZONE34 Enc. pc: Mr. James W. flardie, 5714 flollins Road, N. E., Virginia 24019 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald E. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant Ci£y Attorney RoQ~oke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, V!~INiA Rezoning of a tract of land located at 5105 Williamson Road, N.W. (Tax Map No. 2190616 and portions of 2190602 and 2190603, from RS-3, Residential Single Family District to C-2, General Commercial District such rezoning to be subject to certain conditions. REVISED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, James W. Hardie has a contract to purchase land in the City of Roanoke containing 2 acres, more or less located at 5105 Williamson Road, N.W., Roanoke, Virginia, (Tax Map Number 2190616 and portions of Tax Map Nos. 2190602 and 2190603. Said tract is currently zoned RS-3, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit "A". Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of conforming with adjacent property for commercial development. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and it's comprehensive plan in that it will -1- change said property from RS-3, Residential Single Family District to C-2, General Commercial District Commercial zoning for the specific purpose of having the rear part of the parcel of land which is presently zoned RS-3 to conform with the front part parcel which is presently C-2 to be used for parking, screening, and buffering. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: 1. That the property will be developed in compliance with the site plan dated August 20, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site plan review. 2. That if no building permit for the renovation of the existing structure or permit for the construction of the new structure is issued within a period of three years, the zoning shall revert to RS-3, Residential Single Family District with- out further action of City Council. 3. There shall be no outside storage and display of merchandise on site. 4. The following uses shall not be constructed or operated on the rezoned property: restaurants, public service facilities, motels, open air markets, gas stations, kennels, bus terminals, public parking areas, funeral homes, convenience store, automobile repair center, sales and rentals of heavy duty construction equipment and repair and maintenance. -2- 5. New structure will be a single story building with a maximum height of twenty foot from main floor level and no larger than 8,000 sq. ft. Further on the Whitney Avenue side a four foot chain link fence will be erected to prevent access from said side street. In addition a six foot wooden stockage type fence will be erected next to single family residence to afford privacy from rear parking area. Vegetation will be maintained on Whitney Avenue to further insure privacy for that area. 6. No provision for access will be allowed from the Whitney Avenue side. 7. All planting will be maintained and replaced as necessary. Attached as Exhibit "C" are the names, addresses, and tax numbers of the owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. Wherefore, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provision of the zoning ordinance of the City of Roanoke. Respectfully submitted this 22nd day of August, 1990. Ja~e~ W. Hardie 57~4 Hollins Road, N.E. Roanoke, VA 24019 Phone No. 703-362-1510 L~C) C A TION Zig~O0~ __~CROS~~ROAD 055 OFFICIAL TAX NUMBER OWNER ~ S NAME OWNER'S NAILING ADDRESS CITY, STATE, ZIP 2190805 2190804 2190803 2190802 2190801 and 2190708 2190521 2190217 2190301 2190301 2190605 Neville B. & Barbara T. Wheeling 918 Whitney Ave., N.B. Roanoke, Virginia 24012 Roy R. & Lilllan S. Stanley 922 Whitney Ave., Roanoke, Virginia 24012 Bomeg B. & Ggace O. Austin 928 Whitney Ave., N.#. Roanoke, Virginia 24012 Manuel P. & T.,ula B. Doolsy 932 Whitney Ave., N.#. Roanoke, Virgin1& 2~012 1004 Whitney AVl., Roanoke, Virginia 24012 Clrlan 5046 #111/&mson Road, Roanoke, Virginia 24012 5102 WoodburF St., N.#. Roanoke, Virgini& 24012 Mountain Trust Bank P.O. 600 Norfolk, Virginia 23501 Rount&ln Trust Bank (Sovran) P.O. Boa 600 NorfolkVtrginl& 23501 Rebecca S. #11liars 7002 DIll&I 24019 2190615 2190601 2190603 2190604 Philip K & Margie G. Mundy 917 Whitney Ave., Roanoke,virginia 24012 City of Roanoke,virginia Frank Blankenmyeg 5105 Willtamson Road Roanoke~ Virginia 24012 Office of the City Clerk July 23, 1990 File #51 Mr. Michael M. ~ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. ~aldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Mr. James W. Hardie, requesting that a tract of land located at 5105 Williamson Road, N. W., identified as Official Tax No. 2190616 and portions of Official Tax Nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary --'~arker, CMC/AAE ~ity MFP:ra REZONE34 Enc. pc: Mr. James ~. Hardie, 5714 Hollins Road, N. E., Virginia 24019 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN RE: IN T~ CO.IL OF T~ CIT~ OF ~B, VIR~H~A Rezoning of a tract of land ) located at 5105 Williamson ) Road, N.W. (Tax Nap No. 2190616 ) and portions of 2190602 and ) 2190603 , from RS-3, Residential ) Single Family District to C-2, ) General Commercial District such ) rezoning to be subject to cer- ) rain conditions. ) 1st AMENDED PETITION TO REZONE TO TEE HONORABLE MAYOR AI~) MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE~ The Petitioner, James W. Rardie has a contract to purchase land in the City of Roanoke containing 2 acres, more or less located at 5105 Williamaon Road, N.W., Roanoke, Virginia, (Tax Map Number 2190615 and portions of Tax Map nos. 2190602 and 2190603. Said tract is currently zoned RS-3, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that tho said property be rezoned from RS-3, Residential Single Family DistEict to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of conforming with adjacent property for commercial development. -1- The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will change said property from RS-3, Residential Single Family District to C-2, General Commercial District commercial zoning or the specific purpose of having the rear part of the parcel of land which is presently zoned RS-3 to conform with the front parcel which is presently zoned C-2 to be used for parking, screening and buffering. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezonin9 wil! be subject to, and that the Petitioner will abide by the following conditions~ 1. That the property will be developed in substantial compliance with the site plan prepared by Campbell Construction Company dated June 15, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit 'B', subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commences within 3 years from the date of final zoning approval, the zoning shall revert to RS-3, Residential Single Family District without further action by City Council. Attached as Exhibit 'C' are the names , addresses and tax numbers of the owners of all lots or property immediately adjacent to or im~ediately across the street or ~oad from the property to be rezoned. WHEI~FORB, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this i ~ . day of July, 1990. Ja~(~s W. Hardie 57~4 gollinS Road, N.S. Roanoke, Virg:[nia 24019 Phone No.~ -:3- OFFICIAL TAX NUMBER OWNER' S NAME OWNER'S MAILING ADDRESS CITY, STATE, ZIP 2190805 2190804 2190803 2190802 2190801 and 2190708 2190521 2190217 2190301 2190301 2190605 Neville E. & Barbara T. Wheeling 918 Whitney Ave., N.E. Roanoke, Virginia 24012 Roy R. & Lillian S. Stanley 922 Whitney Ave., N.W. Roanoke, Virginia 24012 Homer E. & Grace O. Austin 928 Whitney Ave., N.W. Roanoke, Virginia 24012 Manuel F. & Lula B. Dooley 932 Whitney Ave., N.W. Roanoke, Virginia 2~012 Susie P. Martin 1004 Whitney Ave., Roanoke, Virginia NeW. 24012 Cirlan Inc 5046 Williamson Road, N.W. Roanoke, Virginia 24012 Hiida F. Argabright 5102 Woodbury St., N.W. Roanoke, Virginia 24012 Mountain Trust Bank P.O. 600 Norfolk, Virginia 23501 Mountain Trust Bank (Sovran) P.O. Box 600 NorfolkVlrginia 23501 Rebecca S. Williams 7002 Dallas Rd., N.W. Roanoke, Virginia 24019 2190615 Philip K & Margie G. Mundy 917 Whitney Ave., N.W. Roanoke,Virginia 24012 2190601 2190603 2190604 City of Roanoke,Virginia Frank Blankenmyer 5105 Williamson Roa4 Roanoke, Virginia 24012 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-254~ July 6, 1990 File #51 SANDRA H. EAKtN Deputy City Clerk Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Wa ldvogei: Pursuant to Section 36.1~690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. James W. Hardie. requesting that a tract of land located at 5105 Williamson Road, N. W., identified as Official Taz No. 2190616, and a portion of Official Taz No. 2190602, be rezoned from RS-3, Residential Single Family Olstrict, to C-~, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, City Clerk MFP:ra REZONE34 En¢., pc: Mr. James W. Ha rdie. 5714 Hollins Road, N. E., Virginia 24019 Mr. John R. Marlles, ~Agent/$ecretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. $teven J. Ts levi, Assistant City Attorney Roanoke, IN THE COUNCIL OF THE CIT~ OF ROANOKE~ V~RGINIA IN RE: Rezoning of a tract of land located at 5105 Williamson Road, N.W. (Tax Map PETITION Number 2190616 and a portion of TO 2190602), from RS-3, Residential REZONE Single Family District to C-2, General Commercial District such rezoning to be subject to cer- tain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, James W. Hardie has a contract to purchase land in the City of Roanoke containing 2 acres, more or less located at 5105 Williamson Road, N.W., Roanoke, Virginia, (Tax Map Number 2190616 and a portion of Tax Map Number 2190602. Said tract is currently zoned RS-3, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of conforming with adjacent property for commercial development. -1- The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will change said property from RS-3, Residential Single Family District to C-2, General Commercial District commercial zoning or the specific purpose of having the rear part of the parcel of land which is presently zoned RS-3 to conform with the front parcel which is presently zoned C-2 to be used for parking, screening and buffering. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: 1. That the property will be developed in substantial compliance with the site plan prepared by Campbell Construction Company dated June 15, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commences within 3 years from the date of final zoning approval, the zoning shall revert to RS-3, Residential Single Family District without further action by City Council. -2- Attached as Exhibit "C" are the names , addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. W~EREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~J day of July, 1990. 5714 Hollins Road, N.E. Roanoke, Virginia 24019 Phone No.703 362 1510 -3- OFFICIAL TAX NUMBER 2190805 2190804 2190803 2190802 2190801 and 2190708 2190521 2190217 2190301 2190301 2190605 EX~I BIT C OWNER ' $ NAME OWNER'S MAILING ADDRESS CITY, STATE, ZIP Neville E. & Barbara T. Wheeling 918 Whitney Ave., N.E. Roanoke, Virginia 24012 Roy R. & Lillian 922 Whitney Ave., Roanoke, Virginia S. Stanley N.W. 24012 Homer E. & Grace 928 Whitney Ave., Roanoke, Virginia O. Austin N.W. 24012 Manuel F. & Lula B. Dooley 932 Whitney Ave., N.W. Roanoke, Virginia 24012 Susie P. Martin 1004 Whitney Ave. Roanoke, Virginia · N.W. 24012 Cirlan Inc 5046 Williamson Road, N.W. Roanoke, Virginia 24012 Hilda F. Argabright 5102 Woodbury St., N.W. Roanoke, Virginia 24012 Mountain Trust Bank P.O. 6OO Norfolk, Virginia 23501 Mountain Trust Bank (Sovran) P.O. Box 600 NorfolkVirginia 23501 Rebecca S. Williams 7002 Dallas Rd., N.W. Roanoke, Virginia 24019 2190615 Philip K & Margie G. Mundy 917 Whitney Ave., N.W. Roanoke,Virginia 24012 2190601 2190603 2190604 City of Roanoke,Virginia Frank Blankenmyer 5105 Williamson Road Roanoke, Virginia 24012 TO THE CITY CLERK OF THE CIT~'OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING R~QUEST.~F:~- Request from James W. Hardie that a tract of land located at 5105 Williamson Road, N.W., identified as official tax no. 2190616 and portions of official tax nos. 2190602 and 2190603, be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, such rezoninq to be subject to certain conditions proffered by the petitioner. AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd of July, 1990, notices of a public hearing to be held on the 1st day of August,1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS Mr. & Mrs. Neville E. Wheeling 2190805 2190804 Mr. & Mrs. Roy R. Stanley 2190803 Mr. & Mrs. Homer E. Austin 2190802 Mr. & Mrs. Manuel P. Dooley 2190801 Ms. Susie P. Martin 2190708 2190521 Cirlan Inc. 2190217 Ms. Hilda F. Argabright 2190301 Moutain Trust Bank %lst Merchants National Bank 2190605 Ms. Rebecca S. Williams 2190615 Mr. & Mrs. Philip K. Mundy 918 Whitney Ave., NE Roanoke VA 24012 922 Whitney Ave., NW Roanoke VA 24012 928 Whitney Ave., NW Roanoke, VA 24012 932 Whitney Ave., NW Roanoke, VA 24012 1004 Whitney Ave., NW Roanoke VA 24012 5046 Williamson Rd, NW Roanoke VA 24012 5102 Woodbury St., NW Roanoke VA 24012 302 S. Jefferson St. Roanoke, VA 24011 7002 Dallas Rd., NW Roanoke VA 24019 917 Whitney Ave., NW Roanoke, VA 24012 2190601 2190603 2190604 City of Roanoke Mr. Frank Blankenmyer Roanoke, VA 24011 5113 Red Stag Rd., SW Roanoke, VA 24014 M~rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of July, 1990. Notary Public My Commission Expires: Office of the City Clerk October 17, 1990 File #51 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~lr. ~lerbert: I am attaching copy of Ordinance No. 30265-101590 rezoning a tract of land located on the eas~ side of Mecca Street, N. E., south of Orange Avenue (U.S. 460), identified as Official Tax Nos. 7090401 and 7080101, from RS-3, Residential Single-Family District, to LM, Light Manufacturing District. Ordinance No. 30265-101590 was adopted by the Council of the City of Roanoke on first reading on Monday, October 8, 1990, also adopted by the Council on second reading on Monday, October 15, 1990, and will ta~e effect ten days following the date of its second reading. Sincerely, ~~ ,Mary F. Parker, C~C/AAE City Clerk MFP: ra Enc. pc: Mr. & Mrs. Charles L. McGhee, 4127 Mockingbird Hill N. E. Roanoke, Virginia 24012 ' ' ~r. Richard J. Joachim, 2913 Orange Avenue, N. E. Roanoke Virginia 24012 ' ' Leweke & Associates, c/o Cardinal Bicycle, 2901 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. & ~rs. ~illiam Peters, 2745 Orange Avenue, N. E. Roanoke, Virginia 24012 ' East End Baptist Church, 1030 Mecca Street N. E. Roanoke, Virginia 24012 ' ' Libby Hill Seafood Restaurant, p. 0. Box 5091, Greensboro, North Carolina 27403 Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th Day of October, 1990. No. 30265-101590. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 708 and 709, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have a portion of the hereinafter described property rezoned from RS-3, Residential Single Family District to LM, Light Manufacturing District, subject to certain conditions proffered by the Petitioner; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said petition at its meeting on October 8, 1990, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the herein- after described property should be rezoned as herein provided. WHEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 708 and 709 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property more or less, described as a tract of land containing .66-acre, located on the east side of Mecca Street, south of Orange Avenue (U.S. 460), designated on Sheet Nos. 708 and 709 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 7080101 and 7090401 be, and is hereby rezoned from RS-3, Residential Single Family District to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Petition to Rezone filed in the Office of the City Clerk on September 12, 1990, and that Sheet Nos. 708 and 709 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission October 8, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the City of Roanoke that portions of tracts of land located on the east side of Mecca Street, south of Orange Avenue (U.S. 460), identified as official tax numbers 7090401 and 7080101, be rezoned from RS-3, Residential Single Family District to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: ae Purpose of the request is to permit the construction of a municipal fire station. Petition to rezone was filed on September 12, 1990. The following conditions were proffered by the petitioner: That the property will be developed in substantial compliance with the site plan prepared by the City of Roanoke Engineering Department, dated August 17, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit C, subject to any changes required by the City during comprehensive site plan review. That if the City of Roanoke does not exercise its option to purchase this tract of land for the purpose of constructing and operating a municipal fire station, the zoning of said portions of the subject property shall revert to RS-3, Residential Single Family District without any further action by City Council. 3. That all screening and landscape planting shall Room 355 Municipal Building 2t 5 Church Avenue, SW R~anoke, Virginia 240t 1 (703) 981-2344 II. be properly maintained and replaced as necessary by the City of Roanoke. That all external lighting for the rezoned property shall be installed as not to illuminate the adjoining residentially zoned properties. Plannin~ Commission public hearing was held on Wednesday, October 3, 1990. Mr. George Snead, Director of Administration and Public Safety, and Mr. Bane Coburn, Civil Engineer, appeared before the Commission on behalf of the City for the rezoning request. Mr. Snead provided the Commission with background information on the City staff's evaluation and analysis of a number of sites in the general 460 East area. He then informed the Commission that the Mecca Street site best met the criteria used in site evaluation noting two specific features of the site which were its central location in the area and the cost of the property. Mr. Coburn presented the the proffered site (conceptual) development plan, the floor plan of the proposed facility, and explained the proposed partial traffic light signalization of the Orange Avenue and Mecca Street intersection that would only be activated in the event of an emergency. Mr. Roy Stroop, President of the Wildwood Civic League, addressed the Commission stating that the neighborhood organization strongly supported the rezoning. Issues: Zonin~ of the proposed development site is currently LM for the northern portion and RS-3 for the southern portion of the tract. The subject rezoning area is that portion that is zoned RS-3. The surrounding zoning in the area is as follows: to the north is LM; to the south is RS-3; to the east is a mix of LM and RS-3; and to the west is RS-3 zoning. Land ~se of the subject property is vacant, undeveloped. Land uses surrounding the site are as follows: to the north along Orange Avenue is a mix of commercial uses and a tract of vacant, undeveloped land; to the south are single family residences; to the east is a large tract of undeveloped land which appears to have once been an orchard; and to the west along Orange Avenue is a restaurant (Libby Hill Seafood), a church and single family residences. Utilities are available to the site and are adequate. Any storm water drainage concerns or any other engineering or design problems can be resolved during the comprehensive site development plan review process. Access to the subject property will be provided by a single entrance onto Mecca Street. The City Traffic Engineer has indicated that partial signalization will be provided at the Orange Avenue (U.S. 460) and Mecca Street intersection to improve emergency egress onto Orange Avenue. Screenin~ would be required along the entire southern property line and a portion of the eastern property line boundary which adjoins residentially zoned districts. The proffered (conceptual) site plan and conditions require that a 10 foot wide, dense vegetation planting area is installed and maintained along all of the property lines of the proposed development site except the front portion of the site along Mecca Street. Neighborhood organization is the Wildwood Civic League. By staff request, a meeting was held on September 20, 1990, at East End Baptist Church with residents of the neighborhood and business owners of the Statesman Industrial Park. Approximately eight neighborhood residents and four business owners attended the meeting. George Snead, Director of Administration and Public Safety, Rawleigh Quarles, Fire Chief, and Bane Coburn, Engineer, presented the site plan and described the proposed proffers. After discussing the need and benefits of the proposed fire station in the area, those attending the meeting endorsed the rezoning petition. Roy Stroop, President of the Wildwood Civic League, has verbally notified the Planning Office that the neighborhood organization strongly supports the proposed rezoning and the location of the proposed fire station on this site. Comprehensive Plan recommends that: Community facilities should be provided in currently unserved areas where the need and demand for services are the highest. Location of a fire station in the vicinity of Route 460 East was specifically set forth as an endorsed implementation strategy of Roanoke Vision. III. Alternatives: A. City Council approve the rezoning request. Zoning of the entire proposed development site would be LM, Light Manufacturing. Land use would be a municipal fire station with emergency medical advance life support services. Utilities to the property are adequate. Any storm drainage concerns would be resolved during comprehensive site development plan review process. Access to and from the site would be safely provided by the one curb cut/entrance area onto Mecca Street as shown on the proffered site plan supplemented by the partial signalization of Orange Avenue and Mecca Street for easy emergency access. Screening will be provided by the proffered landscaping and preservation of some of the existing vegetation on the site in conjunction with any additional planting as required by the comprehensive site development review process. Neighborhood supports the proposed location of the municipal fire station and unanimously endorsed the rezoning petition at its September 20, 1990, meeting. Comprehensive plan issues as set forth would be followed. B. City Council deny the rezoning request. Zoning of the subject property would remain LM, Light Manufacturing District and RS-3, Residential Single Family District. e Land use would remain vacant, undeveloped and the City would not exercise its option to purchase the land. 3. Utilities would not be affected. 4. Access would not be an issue. 5. Screening would not be required. 6. Neighborhood would remain unchanged. 7. Comprehensive plan issues as set forth would not be followed. IV. Recommendation: By a vote of 6-0, the Planning Commission recommended approval of the rezoning request. The construction and operation of a municipal fire station in this area of the community would increase the City's response time for fire and emergency medical advance life support services to the residents and businesses along the rapidly developing 460 East corridor and adjoining areas and would be in keeping with one of the implementation strategies of the comprehensive plan. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:EDD:mpf cc: Assistant City Attorney Director of Administration and Public Safety City Engineer Building Commissioner Fire Chief September 1 7, 1 990 Office of the City Clerk File #51 Mr. Michael M. Waldvogel, City Planning Commission Roanoke, Virginia Chairman Dear Mr. ~aldvogel Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Mr. ~. Robert Herbert, City Manager, representing the City of Roanoke, requesting that a tract of land located on the east side of Mecca Street, N. E., south of Orange Avenue (U. S. Route 460), containing .66 acre, more or less, identified as Official Tax Nos. 7090401 ann 7080101, be rezoned from RS,3, Residential Single Family District, to LM, Light Manufacturing Oistrict, sub- ject to certain conditions proffered by the petitioner. Sincerely, ~~ Mary F. Part~er, CMC/AAE City Clerk MFP:ra REZONE42 Eric. pc: Mr. ~. Robert Herbert, City qanager ~ffr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning ~dministrator ~r. Steven J. Tale¥i, Assistant City Attorney Room 456 Munici0al Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA In Re: '~ To: Rezoning of portions of property located on the east side of Mecca Street, N.E., south of Orange Avenue (U.S. 460), designated as official tax numbers 7090401 and 7080101, from RS-3, Residential Single Family District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. The Honorable Mayor and Members of the Council of the City of Roanoke The Petitioner, the City of Roanoke, Virginia, has an option to purchase a tract of land in the City of Roanoke containing .66 acre, more or less, located on the east side of Mecca Street, south of Orange Avenue (U.S. 460), as more particularly shown on a Plat for City of Roanoke Proposed Fire Station dated May 16, 1990 prepared by Lu~sden Associ- ates, P.C. Said plat is attached as Exhibit A, and said tract is bounded by Numbers 1, lA, 10B and 10A on Exhibit A. Said tract is currently zoned RS-3, Residential Single Family District, and LM, Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit B. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the portf6n of said tract which is zoned RS-3, Residential Single Family district, be rezoned to LM, Light Manufacturing District, subject to certain conditions set forth below, for the purpose of construction of a fire station. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan, in that it will accomplish one of the endorsed implementation strategies of the plan for the provision of a public safety facility (fire station) in that area of the City. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial compliance with the site plan prepared by the City of Roanoke Engineering Department, dated August 17, 1990, a copy of which is attached to the Petition for Rezoning as Exhibit C, subject to any changes required by the City during comprehensive site development plan review. 2. That if the City of Roanoke does not exercise its option to purchase this tract of land for the purpose of constructing and operating a municipal fire station, the zoning of said portion of the subject property shall revert to RS-3, Residential Single Family District, without any further action by City Council. 3. That all screening and landscape planting shall be properly maintained and replaced as necessary by the City of Roanoke. e That all external lighting for the rezoned property shall be installed as not illuminate the adjoining residentially zoned properties. Attached as Exhibit D are the names, addresses and tax numbers of the owner of owners of all lots or property immediately adjacent to and immediately across a road or street from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted this 1990. 12th day of September, Respectfully submitted, W.Robert Herbert ' City Manager EXHIBIT A N6W ?~A~T ~A PLAT FOR CITY OF ROANOKE ~O~AT/O/~ M,~ro PROPOSED FIRE STATION Iml ADJACENT PROPERTIES Exhibit D 7090401 Charles L. & Edna L. McGhee 4127 Mockingbird Hill, N.E. 24012 7090407 Richard J. Joachim 2913 Orange Avenue, N.E. 24012 7090405 Leweke & Associates c/o Cardinal Bicycle 2901 Orange Avenue, N.E. 24012 7080101 Mildred K. & Wm. Peters 2745 Orange Avenue, N.E. 24012 7080102 Same as 7090401 - McGhee 24012 7070115 East End Baptist Church 1030 Mecca Sreet, N.E. 24012 7070114 Libby Hill Seafood Restaurant, P.O. Box 5091 Greensboro, NC Inc. 27403 CITY OF ROANOKE '\ LOCATION lml inl A9 NUMBER - 919278I;~ PUBLISHER'S FEE - CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~56 MUNICIPAL 8LDG ROANOKE VA 2~OIl STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH C~RPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ~OANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHEO IN SAID NEWSPAPERS ON THE FOLLOWING DATES 09/21/90 MORNING 09/28/90 MORNING WITNESS,.~-~ IST. DAY OF OCTOBER I990 AUTHORIZED SIGNATURE September 17. ~990 Office of the City Clerk File #51 Mr. Michael M. Waldvogel, City Planning Commission Roanoke, Virginia Chairman Dear Mr. ~aldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of RoanoKe (1979), as amended, I am enclosing copy of a petition from Mr. ~. Robert Herbert, City ,~anager, representing the City of Roanoke, requesting that a tract of land located on the east siae of Mecca Street, N. £., south of Orange Avenue (U. S. Route 460), containing .66 acre, more or less, identified as Official Tax Nos. 7090401 ann 7080101, be rezoned from RS-3, Residential Single Family District, to ~M, Light Manufacturing Oistric sub- ject to certain conditions proffered by the petitioner. MFP:ra REZGNE42 Enc. pC: Sincerely, Mary Fo Parker, CMC/AAE City Clerk Mr. ~. Robert Herbert, City ~anager ~r. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, October 8, 1990, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RS-3, Residential Single-Family District, to LM, Light Manufacturing District, a portion of the following property: A tract of land located on the east side of Mecca Street, N.E., south of Orange Avenue (U.S. 460), designated as Official Tax Nos. 7090401 and 7080101. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 19th day of September , 1990. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, September 21, 1990, and once on Friday, September 28, 1990, in the Roanoke Times & World News, Morning Edition. Please send bill and publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from the City of Roanoke that property located on the east side of Mecca Street, N.E., south of Orange Avenue, N.E., (U.S. Route 460), designated as a portion of Official Tax Numbers 7090401 and 7080101, be rezoned from RS-3, Residential Single Family District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. iAFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 24th of September, 1990, notices of a public hearing to be held on the 3rd day of October, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address-. PARCEL 7090401 7080102 OWNER~ AGENT OR OCCUPANT Charles L. & Edna L. McGhee ADDRESS 4127 Mockingbird Roanoke, VA 24012 7090407 Richard J. Joachim 2913 Orange Avenue Roanoke, VA 24012 7090405 7080101 7070115 Leweke & Associates c/o Cardinal Bicycle Mildred K. and William Peters East End Baptist Church 2901 Orange Avenue.~/% Roanoke, VA 24012 2745 Orange Avenue Roanoke, VA 24012 1030 Mecca Street W Roanoke, VA 24012 7070114 Libby Hill Seafood Restaurant P.O. Box 5091 Greensboro, NC ~Ta~tha Pace Franklin 27403 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1990. Notary Public ~ My Commission Expires: