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HomeMy WebLinkAboutCouncil Actions 09-26-88C-2 C-3 C~4 C~5 C~7 A report of the City Manager recommending that a public hearing be scheduled for Monday, October 10, 1988, at 7:30 p.m., to hear comments on proposed amendments to the 1958~89 Community Development Block Grant Program· RECOMMENDED ACTION: Concur in recommendation. A report of the City Manager recommending that a public hearing be scheduled for Monday, October 10, 1988, at 7:30 p.m., to hear comments on proposed amendments to the COBG Citizen Participation Plan. RECOMMENDED ACTION: Concur in recommendation. A report of the City Manager with regard to concerns expressed by Mr. William L. P~offitt regarding the effects on his residence resulting from heavy trucks traveling on Greenland Avenue, N. W. RECOMMENDED ACTION: Receive and file. A report of the City Manager transmitting an outline of the proposed Volunteer Fine Option Work Program intended to permit alternative volunteer public service work for those offenders who cannot pay fines and court costs· RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting authorization to petition for the vacation of a certain portion of a subdivision plat previously recorded by Mr· Jimmie Goodykoontz, 4125 6elle Aire Circle, S. W., pursuant to Section 15.1-482 (b) Code of Virginia (1950), as amended. ' RECOMMENDED ACTION: Concur in request· A communication from Mrs. Carol B. MarchaI, Services Citizen Board, transmitting the Report/Annual Plan of the Board. RECOMMENDED ACTION: Receive and file. Chairman, Youth 1987-88 Annual REGULAR AGENDA Hearing of Citizens Upon Public Matters: Petitions and Communications: None. A communication from the Roanoke City School 9oard recom- mending appropriation of $8,467.00 for the Teenage ~fothers Program, to provide for the operation of a joint program wi th the Roanoke City Heal th Department and the Roanoke City School s. Adopted Ordinance No. 29305. {6-dj (2) 5. Reports of Officers: a. City ~anager: Briefin.t~: None. Items Recommended for Action: A report with regard to progress on implementation of recommended preservation incentives. AdoptedoOadi~ance Not 2~06 on f~v~t reading. 2. ~ report recommending approval of a contribution to Downtown Roanoke, [nc., of one dollar for every four dollars of private donations, up to a maximum of ~25,000.00 total City contribution, for new holiday decorations along the streets in the downtown area; and appropriation of funds therefor· Adopted Ordinance No, 29307, ¢nd R~ql~on ~o,~2~308. ~om vo~n~ on Do~ m~s 3 n repor~ recon~n-e~ Vice~4ayor Fi~zpa~ck abstained · acceptance of supplemental funding, in the amount of $63,836.00, allocated by the State Department of Social Services to the Department of Social Services, for Day Care for Children, Prevention of Foster Care, and Independent Living for Foster Children; and t~ansfer of local matching funds therefor· Adopted Ordinance ~o, 29309. (6-0) 4. A report with regard to Spring Hollow Reservoir, purchase of capacity rights· Adopted ~esolut~on No. 29~10. 5. A report reco~nending authorization to e~ecute a lease agreement with P.E.[. Associates, [nc., for the use of six small portions of city properties as monitoring stations for conducting an Integrated Air Quality Study sponsored by the Environmental Protection Agency. Adopted Ordinance No, 29311 on ~rst readinq. (6-0) 6. A report recommending award of an engineering services reimbursement with a cost ceiling cent,act to Hayes, Seay, Mattern and Mattern, [nc., in an amount not to e~ceed $32,030.00, to conduct the 1988 ~ridge Inspection Program. Adovted ~rdinance 7. A report concurring in a report of the Bid Committee recommending acceptance of the base bids far construc- tion of Williamson Road Gateway Park, as submitted by Russell Short, Inc., in the amount of $15,500.00 for grading; Sunburst Irrigation, [nc., in the amount of $4,850.00, for irrigation; and Laurel Creek Nursery, Ltd., in the amount of $~,210.00, for landscaping. Ado~ted ~rdinance No. 293~3, 293]4, and 293~5. Director of Finance: A financial .eport far the month of August 1988 Received an~ filed. ' ' (3) Co City Attorney: Repo I. A report relating Rec~ved and filed. rts of Committees: to consolidation procedures. a. A report of the committee appointed to tabulate bids received for construction of a new concession stand and fishing pier at Carvins Cove, recommending award of a contract to Campbell Construction and Development Company, Inc., in the amount of $92,665.00; and appropriation of funds therefor· Mr. Robert A. Garland, Chairman· Adopted nance No. 29316 and 293J7. {5-0, V~ce-Mayor Fitzpatrick ~s out o~ the b. A report of the committee appointed to tabulate bids received for construction of Mud Lick Creek Sanitary Sewer Phase II, recommending award of a contract to Prillaman & Pace, Inc., in the amount of $495,797.00; and appropriation o f funds therefor. Mr. Robert A. Garland, Chairman. Adepted Ordinance No, 293~8 and 29319. 15-0, V~ce-Ma~or Fd~zpa~a~ ou~o~ Unfinished Business: None. the Council~hambe~,) Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 29276, on second reading, rezoning a tract of land consisting of 0.53 acre, more or less, lying on the east side of Plantation Road, N. E., identified as Official Tax Nos. 3121014 3121018, respectively, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District. Adopted 0r~nance No, 29276, {5~0, Vice-Ma~er Frtzpatrick ~ oat o~ the Coun~l chamber. ) b. Ordinance No. 29277, on second reading, rezoning a tract of land containing 2.306 acres, more or less, located on the southwest corner of the intersection of U. S. Route 460 East (Orange Avenue) and Mecca Street, N. E., designated as Official Tax No. 7070114, from LM, Light Manufacturing District, to C-2, General Commercial District· Adopted e)No. 29~77, (5-0, Vice-Ma~or Fi~zp~ck ~s out o~ the Council ~nance ~o. 2~275, on second reading, permanently vacating, discontinuing and closing an alley 15 feet in width extending in an east/west direction from Sixteenth Street, N. W., for a distance of 404 feet· Adopted Ordinance No. 29278 i5-0, Vice-Mayor Fitzpat~i~kwas out of the Coun~ilChamber.) Ordinance No. 29279, on second reading, vacating certain portions of Linwood Land Company and Deanwood Terrace, pur- suant to Section 15·I-482 (b) of the Code of Virginia (1950), as amended· Adopted 0rdrnance No, 29279. {6-0) Ordinance No. ~9296, on second reading, granting con- ditional permits for existing structures encroaching over and into the right-of-way of an alley in Block 19, F. Rorer Map, and behind Lot 34, Taylor Map, and located adjacent to Official Ta~ Nos. 1112412(6~0~112417 respectively. Adopted ~rd~nance No, ~9296. ' Council Chamber,) (4) f. Ordinance No. 29297, on second reading, authorizing e.~ecu~ tion of an indenture between the City and Appalachian Power Company. Adopted Ordinance No. 29297. g. Ordinance No. 29298, on second reading, authorizing execu- tion of an indenture between the City and Appalachian Power Company. Adopted Ordinance No. 29298. (6-0) Motions and Miscellaneous Business: a. Inquiries and/or comments by the Mayor and Members of Cit~ Council. b. Vacancies on various authorities, boards, Commissions committees appointed by Council. ~See BoSom of Page. 10. Other Hearings of Citizens: and 9. b. Communication from Councdl ~¢mber David A. Bow~ wdt~ ~e.g.a~d to the City ~x~ng a lobb~ in the Was~n~qton~ D. C. a~ to ~s~t fun~ng so~a~ w~ch mi~ be arable. The co~u~c~on ~ relied to the C~ Manag~ and the' C~q A~rne~ ~or s~dy, repo~ and reccmmend~on to Coun~ Mr. W~ Jon~, 29~4 ~a~ey S~e~, N. ~a~n~ from a ho~e next door to ~ r~rdence; indece~ ex~os~e, and ~n~ng in pubic. The comp~ ~ relied ~o the C~ Manag~ for inv~- g~on and repo~ back to Count, and ~o the C~ ~orne~ to inveigle the leg~ ~pec~ of the R~ppoi~ed the lo,owing p~o~: ~. J~ W. B~ Mr. Horace S, F~zp~ck ~.~r. L~nn D. Avds Ms. A~x~a L. Hamm~Strom M~. E£~i¢ A~ And~on ~. Cha~ A. K~r Roanoke Civic Ue~ CommrSsron Board of Adjus~e~t~ and Appea~, Budding Code Youth S~vic~s C~zen Bo~d (5) Office of the City Cler~ September 28, 1988 File #132-137 The Honorable Clifton A. Woodrum, Member, House of Delegates P. 0. Box 1371 Roanoke, Virginia 24007 Dear Delegate Woodrum: III I am enclosing copy of Resolution No. 29304, requesting the 1989 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended, which Resolution No. 29304 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, SHE:Pa Enc. Deputy City Clerk Room 456 Municipal Builclin~. 215 Church Avenue SW Roanoke "~rg~nia 24011 (70~) 981-2541 September 28, 1988 File #132-137 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: I am enclosing copy of Resolution No. 29304, requesting the 1989 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended, which Resolution No. 29304 was adopted by the Council of the City of Roanoke at a regular meeting held on ~(onday, September 26, 1988. Sincerely, Sandra 1f. Eakin Deputy City Clerk SHE:fa Room 456 Municil::x~l Building 215 Church Avenue S W Roanoke ~r§~nta 24~011 (703) 981-2541 C~ce of the Ci~'/Clerk September 28, 1988 File #132-137 The Honorable J. Granger Macfarlane Member, Senate of Virginia P. 0. Box 201 Roanoke, Virginia 24002 Dear Senator Macfarlane: I am enclosing copy of Resolution No. 29304, requesting the 1989 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended, which Resolution No. 29304 was adopted by the Council of the City of Roanoke at a regular meeting held on ~4onday, September 26, 1988. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa Room 456 Municipal Bu~lclin~g 215 Church Avenue SW Roanoke V;rg~nia 24011 (703) 981-2541 O~ce o~ ~e Ci~/Cer~ September 28, 1988 File #132-137 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Dear Hr. Dibling: I am attaching copy of Resolution No. 29304, requesting the 1989 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended, which Resolution No. 29304 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, Sandra H. Eakin ~ Deputy City Clerk SHE:fa Enc. pc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Room 456 Munici~l Building 215 C]n, urch Avenu~ SW Roanoke "~rglnia 244)11 (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1988. No. 29304. A RESOLUTION requesting the 1989 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. WHEREAS, at a regular meeting of the Council held on September 26, 1988, at 2:00 P.M., in the Council Chamber in the Municipal Building, after due and proper publication of the notice of public hearing pur- suant to ~15.1-835, Code of Virginia (1950), as amended, which notice contained, inter alia, an informative summary of each of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments was held before the City Council at which all citizens so desiring were afforded oppor- tunity to be heard to determine if the citizens of the City desire that the City request the General Assembly Charter in the form and manner hereinafter in the aforesaid notice; and to amend its existing referred to and as provided WHEREAS, upon conclusion of such public hearing tion of each proposed amendment to such Charter, the Council is of opinion that the 1989 General Assembly should be requested to amend this City's Charter as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested at its 1989 Session to amend the Roanoke Charter of 1952, by deleting the words hereinafter shown words hereinafter shown as underscored:' and upon considera- as presently amended, as stricken and b~ adding the §2. Powers of the city. In addition to the powers mentioned in the preceding section, the said city shall have power: (5) To acquire by purchase, lease, lease purchase, gift, bequest, devise, condemnation or otherwise, property, real or personal, or any estate or interest therein, within or without the city or State and for any of the purposes of the city; and to hold, improve, sell, lease, mortgage, pledge or otherwise dispose of the same or any part thereof. ~6. Compensation of the mayor, vice-mayor and of councilmen. ~-~%-~-~e~i~- th~nd-~kka~-p~_ yoa~ The salary o~ th~ mayor, vice-mayor and each council member shalT be such- as is from time to time-fixed by ordinance of city council with- 1~ ~e~its estab~e~genepal law.- ~ch s~l~{pie~-~hall be payable no less frequently than ~onthly. ~40. Contracts fcc public improvements; purchases. Any purchase, public work, or improvement, costing more than ten thousand dollars, except as provided in the next succeeding section, shall be executed by contract. ~11 con- tracts for more than ten thousand dollars shall be awarded · o thc lowest rcs~cn~ib!c bidde., after public advertisement and competition, as may be prescribed by ordin&nce general law. D'dt The city council shall have the power to reject any and all b~ds and all advertisements shall contain a reserva- tion of ~his right. §41. Improvement by direct labor; emergency work. After bids shall have been advertised for and received for making any public improvement or doing any public work, the council may authorize the making-of such improvement or doing such work by the direct employment of the necessary labor and purchase of the necessary materials and supplies on the basis of detailed estimate submitted by the city manager; provided the probable cost of such work or improvements as shown By such estimate is less than the bid of the lowest responsible bidder for the same work or improvement; and provided further, that the city manager shall certify to the council that in his opinion the cost of making such improvement or doing such work will not exceed the said estimate. Separate accounts shall be kept of ali work and improvements so done or made. In an emergency requiring immediate action, the city manager may make any purchase or cause any such improvements to be made or other public ~ork to be done by direct employment of the necessary labor and purchase of the necessary material and sup- plies without previously advertising for or receiving bids therefor. Every such case shall be reported by him in writing to the council at its next regular meeting with a statement of the facts constituting such emergency. Separate accounts shall be kept of ali such work; provided that nothing in this or the next preceding section shall prevent the said city from doing maintenance and repair work by direct labor and from maintaining a reasonable force of men for that purpose. General disqualiftcations. ~62. Zoning. (23) Said regulations shall be enforced by the division of building inspection which is empowerd to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereat in violation of any provision of the regu/a- tions made under authority of this or the preceding paragraph. The owner or general agent of the building or premises where a violation of any provision of said regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation has been committed or shall exist, or the owner, general agent, lessee or tenant of any part of the building or premises in which such violation has been com- mitted or shall exist, or the general agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises [n which any such violations shall exist shall be guilty of a misde- meanor, punishable by a fine of not less than $10 nor more than ~-~ ° n s~-~-~-m-~-~-~y-~s~--~n-~%~-f o r any c~se of the existence of a violation of any provision of said regulations the owner, lessee, tenant or ~gent shall be subject to ~ civil penalty of fifty dollars. Any such per~on who having been served with an order to remove any such violation, shall f~il to comply with said order within ten days after such service or shall continue to violate any provisions of the said regulations in the respect named in such order shall also be subject to a civil penalty of t~o hundred fifty dollars. 2. The City Clerk is directed to forthwith, as provided by ~15.1-834, Code of Virginia (1950), as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1989 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952 to be put into the form of a bill to be introduced at the 1989 Session of the General Assembly. ATTEST: City Clerk. C)~ce of .he CiW Clerk September 28, 1988 File #132-137 Mr. Wilburn C. Dibli'ng, City Attorney Roanoke, Virginia Jr. Dear ~Ir. Dibling: I am attaching co~y of Resolution No. 29303, adoptin~ and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1989 Session of the General Assembly, which Resolution No. 29303 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, SitE: ra Enc. p c: Mr. Mr. Sandra H. Eakin ~ Deputy City Clerk W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 Church Avenue S W Roanoke V~rg~nia 24011 (703) 981-254'1 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. VIRGINIA, No. 29303. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1989 Session of the General Assembly. WHEREAS, the members of City Council are ia a unique posit[on to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been re- sponsible for improving the efficiency of local government and the quality of life of citizens of this City; and WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its represen- tatives at the 1989 Session of the General Assembly; THEREFORE, follows: BE IT RESOLVED by the Council of the City of Roanoke report, Council sion of 2. The Legislative program transmitted by the City Attorney's dated September 25, 1988, is hereby adopted and endorsed by as the City's official Legislative Program for the 1989 Ses- the General Assembly. The City Clerk is directed to issue cordial invitations to the City's Senator and delegates to the 1989 Session of the General Assembly to attend Council's Special Meeting relating to legislative matters, the date and time of such meeting to be established. ATTEST: the City Clerk. WILBURN C. DIBLING, JR. CITY ATTORNEY CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNiCIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 703-981-2431 September 26, 1988 WILLIAM X PARSONS WILLIAM M. HACKWORTH MARK A. WILLIAMS KATHERINE HOWE JONES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: 1989 Legislative Program Dear Mrs. Bowles and Gentlemen: By report, dated September 12, 1988, I transmitted to Council a proposed Legislative Program for the 1989 Session of the General Assembly. This report was referred to City Council acting as a com- mittee of the whole for appropriate action on September 26, 1988. At the same time, Council established a public hearing for September 26, 1988, with respect to proposed City Charter amendments. The required public hearing has been properly advertised, and the Legislative Program is now before Council for action. In this regard I recommend to you the following: ' Adoption of the attached resolution endorsing the Legislative Program. Adoption of the attached resolution requesting the General Assembly to amend the City Charter as set out in such resolution. With Establishment of a date to present Council's 1989 Legislation Program to the City's representatives to the 1989 Session of the General Assembly. kindest personal regards, I am WCDJr:fcf Sincerely yours,. Wilburn C. D~fbling, Jr. City Attorney Attachments cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk CITY ~LbKK$ uFFILE ROUM ~50 MUNICIPAL ~LDu ~OANuK~ VA E~Oll STATE OF VikbINi~ CiTY CE ~GANOKb AFFICAVlT DF PUDLiCATICN TIMEa-.ORLO LO~PORATIOi~, ~HICH CdR- PDR~TION i5 PO~LiSH~R CF THE RUANOK~ TIME~ ~ ~GRL~I~NEH$~ A DAILY ~E~SPAP~R PUcLISHEu IN RG~NGKE~ IN [HE ~TATb VIRGINIA, Uu Cb~TIFY THAT THE ~NNEAED N~TiCC mA~ ~UULiSH~D IN SAID NcmbPAPc~ ON Thc DuLLG~INb OAT~3 09/lo/b8 b~cNIN~ ~ITNES$, c:h~-te:, of ~ ~ NOTICE OF PUBLIC HEARING TO CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will, pursuant to $15.1-835, Code of Virginia (1950), as amended, hold a public hearing on Monday, September 26, 1988, at 2:00 p.m., in the Council Chambers, Municipal Build- ing, in said City, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citi- zens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments are informatively summarized as fol- lows: Amend and reenact subsection (5) of $2, Powers of the city, to authorize the City to acqui're property Wy lease, lease purchase and bequest· Amend and reenact §6, Compensation of the mayor, vice-mayor and of councilmen, to provide that the salaries of the mayor, vice-mayor and council mem- bers shall be established pursuant to general law. Amend and reenact ~40, Contracts for public improve- ments; purchases, to provide: "All contracts for more than ten thousand dollars shall be awarded pursuant to competition, after public advertise- ment, as may be prescribed by general law." Amend and reenact ~41, Improvement by direct labor; ~mergency work, to authorize the city manager to make an emergency "purchase" without previously advertising or receiving bids therefor. Repeal §61, General disqualifications, such section having been superseded by the State and Local Govern- ment Conflict of Interests Act. Amend and reenact subsection (23) of ~62, Zoning, to conform the penalties for zoning violations to those permitted by §15.1-491(e), as amended (a fine of not than $1000.00). Code of Virginia (1950), less than $10.00 nor more GIVEN under my hand this ]4th day of September, 1988. Mary F. Parker, City Clerk (NOTE TO PUBLISHER: Publish once on Friday, September 16, 1988. Send bill and Publisher's Certification to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011) (Morning Edition) (Evening Edition) O~ce c~ n~ Mc~or September 26, 1988 The Honorable Vice Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. NCT:ra Sincerely, Mayor Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2444 Or, ce of rne C~ Cier~ September 28, 1988 File #236 Mr. W. ~obert Herbert City Manager Roanoke, Virginia Dear ~4r. Herbert: Your report recommending that Council schedule a public hearing to hear comments on proposed amendments to the 1988-89 Community Development Block Grant Program, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On mot ion, duly seconded and adopted, Council concurred in the recommendation and scheduled a publ ic hearing on the above- described matter for Monday, October 10, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. Sincerely, Sandra If. Eakin Deputy City Clerk SHE:fa pc; Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Marie T. Pontius, Grants ~tonitoring Administrator P,z~om 456 MuniciDal BuilOincj 215 C~urch Avenue SW Roanoke ~rc~,nia 2401t (703) 981-2541 Roanoke, Virginia September 26, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: REQUEST FOR PUBLIC ~RING - AMENDMENT TO THE 1988-1989 CO~K~NITYDEVELOPMENTBLOCKG~ANTPROGRAM I. BACKGROUND: A. City o__f Roanoke received its annual entitlement from the U.S. Department of Housing and Urban Development (HUD) in the form of a Community Development Block Grant (CDBG). B. City Council approved the Fiscal Year 1988-1989 Budget for the CDBG program and Statement of Community Development Objectives on June 13, 1988, by Resolution No. 29149. C. City's receipt of a .grant award from the Virginia Department of Housing and Community Development under the Emergency Home Repair Grant Program, which requires matching funds, prompts this request to amend the FY 1988-1989 CDBG program and budget. CDBG funds as a source of match for this grant is contemplate~, ~owever, was not initially budgeted for this purpose. E. Newly proposed activities, provision of preservation incentives and provision of matching funds for the grant award, require amendment of current CDBG program and budget. F. Citizen participation requirements call for an evening public hearing by City Council to amend CDBG program and budget. Presentation of the amended FY 1988-1989 CDBG program and budget will b~-proposed to C~-~y"Council oh October 10, 1988. II. RECOMMENDATION: It is recommended that City Council authorize a public hearing to be held on October-lb, 1988, to hear public-comments on the proposed amendments to the 1988 - 1989 Community Development Block Grant program. Respectfully submitted, City Manager WRH:vlp CC. Assistant City Manager City Attorney Director of Finance Grants Monitoring Administrator Of~ce of ~e Cit~ Gerk September 28, 1988 File #236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report reco,~nending tha Council schedule a public hearing to hear co~ents on proposed amendments to the Community Development Block Grant Citizen Participation Plan, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On motion, duly seconded and adopted, Council concurred in the recommendation and scheduled a public hearing on the above- described matter for Monday, October 10, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal ~uilding. Sincerely, Sandra ff. Eakin Deputy City Clerk SHE: ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Ms. Marie ~. Pontius, Grants ~onitoring Administrator Room 456 MuniciDal Building 215 Church Avenue SW Roanoke 'vkg~nia 24011 (703) 981-2541 Roanoke, Virginia September 26, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: REQUEST FOR PUBLIC HEARING - AMENDMENT TO THE CDBG CITIZEN PARTICIPATION PLAN I. Background: Recent ~mendments to the Housinq and Community Development Act of-~974 require the City to amend its current Citizen Participation Plan. City's Citizen Participation Plan outlines the procedure for receiving comments from the public in the development and implementation of the City of Roanoke's annual Community Development Block Grant (CDBG) program. Presentation of the amended Citizen ~ ~lan will be propose~ ~-~ ~t~ Council on October 10, 1988. II. Recommendation: It is recommended that City Council authorize a public hearinq to be held on October 10, 1988, to hear public comments on the proposed amendments to the Citizen Participation Plan. Respectfully submitted, W. Robert Herbert City Manager WRH:vlp cc. Assistant City Manager City Attorney Director of Finance Grants Monitoring Administrator September 28, 1988 File #20-66 Mr. W. Robert Herbert City ~Ianager Roanoke, Virginia Dear Mr. Herbert: Your report addressing concerns expressed by Mr. William L. Proffitt regarding the effects on his residence resulting from heavy trucks traveling on Greenland Avenue, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On motion, duly seconded and adopted, the report was received and filed. Sincerely, SltE:ra pc: Sandra H. Eakin Deputy City Clerk Mr. William L. Proffitt, 3545 Greenland Avenue, N. W., Roanoke, Virginia 24012 ~ir. William F. Clark, Director of Public Works Mr. Robert K. Bengtson, Traffic Engineer Mr. William L. Stuart, Manager, Street Maintenance Mr. Ronald ' H. Miller, Building Commissioner/Zoning Administrator Mr. Stephen A. Mancuso, General Manager, Valley Metro Room 456 Municl~xal Duildincj '215 Church Avenue SW Roanoke ~rg,nia 240tl (703) 981-254'~ ROanoke, Virginia September 26, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Citizen Complaint - William L. Proffitt Traffic on Greenland Avenue, N. W. I. BackKround: Mr. William L. Proffitt, 3545 Greenland Avenue, first appeared before City Council on March 4, 1985, concerning the condition of the paving on his street. Utility excavation had been re-patched in the street. In an effort to improve upon the pavement conditions an additional overlay was provided on an area approximately sixteen (16) feet wide by thirty (30) feet long adjacent to the curb in front of Mr. Preffitt's property. This was completed on March 29, 1985. Recent appearance by Mr. Proffitt before City Council occurred on July 11, 1988. He expressed concern over the alleged affect on his residence resulting from heavy trucks travelling on Greenland Avenue. II. Current Situation: mo On July 12, 1988 representatives of Valley Metro visited with Mr. and Mrs. Proffitt at their residence on Greenland Avenue. During the visit two (2) Valley Metro buses were observed passing this location but no vibrations in the residence were noticeable. On August 2~ 1988 the City's chief building inspector visited the Proffitt residence. In his opinion the cracks in the house are from what is known as "common settlement" of the structure. During his inspection several vehicles passed along Greenland Avenue and no vibration was noticeable. On AuKust 3, 1988 a 12 hour classification count was done on traffic in the 3500 block of Greenland Avenue. Between 7 a.m. and 7 p.m., only one (1) heavy vehicle, a concrete ready-mix truck, was observed. During August 1988 representatives of the City's Street Maintenance Department inspected the condition of Greenland Avenue on several occasions. No noticeable problems were found to exist. Mayor Taylor and Council Members Page 2 III. Conclusion: There are no current traffic problems on Greenland Avenue, N. W., resulting from heavy vehicles travelling on this residential street. Commercial vehicles using this street do not appear unusually numerous and include the typical service vehicles to the surrounding neighborhood. IV. Recommendation: City Council receive and file this report. Staff will continue to monitor any unusual traffic conditions on Greenland Avenue, as is done throughout the City as the need requires. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr CC: Mr. William F. Clark, Director of Public Works Mr. Robert K. Bengtson, Traffic Engineer Mr. Ronald H. Miller, Building Commissioner Mr. William L. Stuart, Manager, Street Maintenance Mr. Steven A. Mancuso, GRTC General Manager Mr. William L. Proffitt, 3545 Greenland Avenue, N. W. September 28, 1988 File #62 ~r. W. Robert iierbert City Manager Roanoke, Virginia Dear Mr. fterbert: Your report transmitting an outline of the proposed Volunteer Fine Option Work Program intended to permit alternative volunteer public service work for those offenders who cannot pay fines and court costs, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Sandra ii. Eakin Deputy City Clerk SHE:fa pc: The Honorable Julian H. Raney, Jr., Judge, General District Court Mr. Jim T. Phipps, Director, Court-Community Corrections Program Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manauer' General Services Mr. Jimmie B. Layman, ~anager, Parks and Recreation Mr. William F. Clark, Director of Public Works and Room 456 Municil::~l Building 2!5 Church Avenue SW Ro<~no~e ~.~rq~nia 24011 (703) 981-2541 Roanoke, Virginia September 26, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Volunteer Fine Option Work Program Attached is an outline of the proposed Volunteer Fine Option Work Program intended to permit the General District Court an alternative of volunteer public service work for those offenders who cannot pay fines and court costs. The General District Court of the City of Roanoke requested the City's assistance in establishing the subject program because the Court is unable to collect fines and costs owed by a significant number of individuals who have been convicted of violating local and state laws. The City of Roanoke would benefit from the supply of the voluntary labor to perform unskilled labor, such as, vehicle cleaning, litter pick-up, alley clean-up, snow shoveling, etc. The City Code (Sections 1-17 through 1-20) authorizes the City Manager to establish a work program for persons who are unable to pay fines and court costs. There would be no additional cost to operate this program. The City Manager intends to administratively implement the program in cooperation with the General District Court of the City of Roanoke. This communication is intended to provide information on the subject program to the City Council. No council action is required in this matter. WRH/GCS/DVT/hw Attachment cC: Respectfully submitted, W. Robert Herbert City Manager The Honorable Julian H. Raney, Jr., Judge, General District Court Jim T. Phipps, Director, Court-Community Corrections Program Director of Finance City Attorney Director of Administration and Public Safety Director of Public Works Manager, General Services Manager, Department of Parks, Recreation and Grounds Maintenance VOLUNTEER FINE OPTION WORK PROGRAM CITY OF ROANOKE~ VIRGINIA I. Background: ao The General District Court of the City of Roanoke is unable to collect fines and costs owed by a significant number of individuals. In most cases, this amount is approximately $100.00 or less. Bo The Code of Virginia (Section 19.2-354) authorizes a court to establish a work program for the discharge of fines and costs. The General District Court has requested City's assistance in establishing such a program. II. Program Ob.~ective: III. Provide an alternative of voluntary public service work in lieu of payment of fines and costs owed to the court. Issues: A. Benefits to: Courts - Indirect collection of fines and costs owed to the courts. Prevention of bad debts from accumulating. City - Supply of voluntary labor for the municipal work force. Public - A sense of satisfaction in seeing individuals "paying" for their offenses. B. Cost to the City would be limited to: Personal safety equipment (hard hats, vests, etc.) for program participants, as required. 2o Accident Medical Insurance for all program participants. The current annual premium for $20,000 of accident medical coverage (on excess basis) for court referred volunteers is $2.00 per volunteer. These costs would be absorbed within the current operating budgets of the participating City Departments. The program participants would not be covered by Workers' Compensation. Page 2 Do LeKal - The current City Code (Sections 1-17 through 1-20) provides for the establishment of a work program for persons who are unable to pay fines and court costs. Safety ~ The eligibility criteria, as outlined below, would assure that violent individuals would be excluded from participation in this program. Eligibility criteria - The judges would utilize the following guidelines in selecting the individuals to be assigned to this work program: The offenses of which the program participant has been found guilty must be non-violent. o The participants must be able-bodied and mentally competent, minimum age of 18, willing and able to perform manual, unskilled and strenuous work. Individuals exhibiting any physical disability or physical limitations for strenuous physical labor work would be excluded from participation in this program. The participants would actually and affirmatively be volunteering for the program in lieu of paying a fine and court costs. Alcoholics, drug users and those of marginal mental competence would not be considered. 5. Both males and females would be eligible. 6. Each participant would agree, in writing, to obey all City rules and regulations. No participant would be assigned to the program for less than 24 hours (3 days) of work. All assignments will be for full eight (8) hours of work each day. IV. Program Administration: The General District Court of the City of Roanoke would be primarily responsible for the administration of this program, in cooperation with the City of Roanoke: A. Volunteer Contract - The attached contract would be executed between the Court and the program participants. A copy of this contract would be forwarded to the City. B. Credit for fines/costs - The courts would use $4.00 per hour of volunteer work performed to determine credit for fines/costs. Page 3 Co Type of Work - Indoor and outdoor work involving unskilled, manual labor, including strenuous and vigorous activities. Day shift (7:00 a.m. - 3:30 p.m.) or evening shift (3:00 p.m. - 11:00 p.m.) work would be required. Examples of work: 1. Clean vehicles 2. Alley clean-up (trash and litter) 3. Manual labor 4. Snow shoveling 5. Litter pick-up (rights-of-way and parks) D. Dress Code Ho 1. Full shirt (no tank tops) 2. Full length pants (no shorts) Shoes with hard sole leather, w/safety toe (if available) Transportation to and from the assigned work station would be the responsibility of the participant. Number of Participants ~ Initially, up to 15 participants can be accepted in the program. Work Report Stations: Public Works Service Center 1802 Courtland Road, N.E., Roanoke Contact Person: Roger Marcum, Crew Supervisor 981-2373 Parks, Recreation and Grounds Mm~ntenance Office 210 Reserve Avenue, S.W., Roanoke Contact Person: Raye Bayse, Supervisor 981-2848 Supervision - On the job supervision of participants would be provided by the City: Code of Conduct - Ail participants would be expected to follow City's rules and regulations including the Personnel Operating Procedures. o Termination from the Pro,ram - The City may terminate an individual's participation in the program for failure to comply with the City rules and regulations. Page 4 Absent from work - Participant absent from the work for unacceptable reasons would be terminated from the program. Injury - City's procedure to handle on-the-job injuries for the regular employees would be followed. Performance evaluation ~ The appropriate supervisor of the participant would complete the "Performance Evaluation" form (to be provided by the Court) upon the participant's successful, or unsuccessful, completion of the program. The City would forward the completed forms to the Court. Record Keeping - The primary responsibility for all record keeping would be with the Court. The City would keep track of the actual hours of work completed by each participant and provide this information to the Court upon the participants' completion of the program. Program Contact Persons: 1. General District Court: Peggy Sowers, Deputy Clerk General District Court 981-2361 2. City of Roanoke: George C. Snead, Director Administration and Public Safety 981-2306 COMMONWEALTH of VIRGINIA 23RI)JUDICPaL[)iSFRiCT CITY OF ROANDKE GENERAL DISTRICT COURI S£(OND fLOOR ~15 W CHURCH AVENUE ROANOKE VIRGINIA 24016 September 6, 1988 RONALD S ALBRIGHT Oerk Mr. George Carpenter Snead, Jr. Director of Administration and Public Safety Municipal Building Roanoke, VA 2401~ RE: Volunteer Fine Option Work Program Dear Chip: Attached is a form for use in the proposed work program. Please pass on to the City Manager and to members of the City Council my appreciation for the work done thus far by members of the City government and my hope that the proposal will be approved. Very truly yours, JHR:jhc an H. Raney, Jr. a~ge Enclosure IN THE CITY OF ROANOKE GENERAL DISTRICT COURT - 23RD JUDICIAL DISTRICT VOLUNTEER FINE OPTION WORK PROGRAM PARTICIPANT: DOCKET NO. I request that the Court allow me to discharge my fines and/or court costs by performing free con~nunity service work for the City of Roanoke. I understand that this work may be strenuous and may involve bending, lifting, stooping, and other types of vigorous activity. By my signature below I agree to the following conditions of performance: I. To satisfactorily perform hours of community service. 2. To report to (__Reserve Avenue) (__ Courtland Avenue) at 6:45 a.m. on (date) 3. To report to the designated worksite each day as directed by the City of Roanoke until I have completed my community service. 4. I agree to work in a satisfactory and cooperative manner. 5. I will obey all Municipal, County, State, and Federal laws and will comply with any City rules for this Program and with the orders and directions of my supervisors. 6. I will not report to the worksite with any alcohol or drugs in my system and, upon request by the worksite supervisor, will submit to an analysis of my breath or urine if requested. 7. I will call the worksite supervisor no later than 7:30 a.m. to report when sick. I may be required to present a valid doctor's excuse. 8. I hereby expressly promise and agree not to hold the City of Roanoke, the Court, or any officer, agent or employee of the City or the Court responsible for any medical, dental, or related expenses incurred as a result of my participation in this program. Additionally, I specifically agree to release and forever discharge the City of Roanoke, the Court, and all officers, agents, or employees of each entity from any and all claims, damages, demands, actions, causes of actions, or suits of any kind whatsoever, and particularly on account of injuries or damage which may result or develop from my participation in this program. 9. My general health is (good) (fair) (poor). I have the following physical disabilities, limitations, or problems: I have read the above conditions of performance and/or had the above read and explained to me and by my signature or mark below acknowledge my understanding and acceptance of these conditions. Furthermore, I understand that my failure to follow these rules will result in the return of my case to Court. SIGNED: (Participant) DATE [ ] Participant worked the following days [ ] Participant did not report [ ] Participant failed to report on and referral returned to Court. [ ] Participant discharged for tardiness, poor performance, improper behavior or other and referral returned to Court. DATE: SIGNED: (Public Works Supervisor) Office of the City Clem September 28, 1988 File #252 ~r. W. Robert Herbert City Manager Roanoke, Virginia Dear ~ir. Herbert: Your report requesting authorization to petition for the vacation of a certain portion of a subdivision plat previously recorded by Mr. Jimmie Ooodykoontz, 4125 Belle Aire Circle, S. W., pursuant to Section 15.1-482 (b) of the Code of Virginia (1950), as amended, was before the Council of the City of Roanoke at a regu- lar meeting held on Monday, September 26, 1988. On motion, duly seconded and adopted, Council concurred in your request. Sincere ly, Sandra If. ~akin Deputy City Clerk SHE:fa Mr. Jimmie Goodykoontz, 4125 ~elle Aire Circle, Roanoke, Virginia 24018 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Enjineer Mr. John R. Marlles, Chief of Community Planning Room 456 Municipal Building 215 Church Avenue SW Roanoke V~rq~nia 24011 (703) 981-254'l Roanoke, Virginia September 26, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request for authorization to petition for the vacation of a certain portion of a previously recorded subdivision, pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950), as amended. On July 25, 1986, Mr. Jimmie Goodykoontz of 4125 Belle Aire Circle, S.W., recorded a subdivision plat subdividing and conveying a small portion of his property to an abutting property owner. In the course of the plat being reviewed by the City (as required by ordinance), it was noted that the public right-of-way width of Belle Aire Circle, S.W., adjacent to Mr. Goodykoontz's property was only 45 feet in width. The standard required right-of-way width for a residential street is 50 feet. The Agent to the Planning Commission for land subdivision, in keeping with a long-established practice and procedure, requested of the submitting surveyor that a 5 foot strip of Mr. Goodykoontz'$ property be dedicated for public street purposes. The plat bearing the statement that the subdivision of the subject property was being made with the freewill and consent of the undersigned owners was resubmitted by the surveyor showing clearly the dedication of the requested 5 foot strip of land. The plat was signed by Mr. and Mrs. Goodykoontz and duly notarized. Members of Council Page 2 September 26, 1988 In May, 1988, Mr. Goodykoontz contacted the City with the complaint that he never intended to dedicate or donate any of his land to the City and that he wanted it returned to him. It has never been the City's intention or practice to take or even accept a dedication of private property if the dedication was not being given with the freewill and consent of the property owner. The current complaint, however belated, and the personal feelings and opinion of Mr. Goodykoontz as a property owner and taxpayer, must however, be taken into consideration in this matter. The possibility exists that Mr. Goodykoontz may not have fully understood at the time, in 1986, that he was in fact dedicating the subject strip of land to the City. In consideration of that possibility and the City's desire to promote and maintain a goodwill relationship of mutual trust and understanding with all of its property owners and citizens, I respectfully request authorization to petition the City of Roanoke to vacate this small portion of the Goodykoontz subdivision plat in order to reinvest title to the subject 5 foot strip of land to Mr. Goodykoontz. The vacation will in no way affect the current traffic needs on Belle Aire Circle, S.W. Respectfully submitted, W. Robert Herbert City Manager WRH:ERT:mpf cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. John R. Marlies, Agent, Roanoke City Planning Commission · Pot±ion cnc PLaL ko be Vacated ~"~'~,ce of 'he City C!erk September 28, 1988 File #109-304 Ms. Carol ~. Marchal, Chairman Youth Services Citizen Board 2320 Mount Vernon Road, S. W. Roanoke, Virginia 24~15 Dear Ms. Marchal: Your co~nunication transmitting the 1987-88 Annual Report/Annual Plan of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular n~eeting held on Monday, September 26, 1988. On motion, duly seconded and adopted, the com~nunication and report were received and filed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra Mr. W. Robert Herbert, City Manager Mr. IVilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Ms. Marion V. Crenshaw, Youth Planner Mr. James D. Ritchie, Director of Human Resources Room 456 Municipal'Building 2!5 Church Avenue SW Roanoke ~,~g~nia 24011 (703) 981-2541 / OffJceon Youth September 26, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: This year the Youth Services Citizen Board chose to highlight the strengths and talents of our youth. Roanoke City is blessed with gifted young people who are willing to give of their ideas and time if given the chance. Our challenge is to nurture and support this willingness to build community as our youth population becomes more diverse. In March, the Office on Youth sponsored the first forum for community leaders to meet with our young people and discuss the City from a youth perspective. Your readiness to share your knowledge and listen to their ideas was very gratifying. We hope to continue this exchange in the years to come. Throughout the past year we have continued our efforts to work with the City school system. We have had varying degrees of success. We will persevere in this area due to our concern for parental involvement in the schools and its impact on student performance. The Health Committee, chaired by Corinne Gott, in conjunction with a citizen task force, has completed the study of adolescent pregnancy and its effect on the City. Mrs. Gott has given innumerable hours to this task and has successfully synthesized the varied opinions and statistics gathered. The Youth Services Citizen Board expresses our gratitude for her leadership. One of the least conspicuous tasks of the Board is to monitor legislation that will effect our youth. There are two proposals on the state level of which you should be aware. The first proposal would allow secure detention of what are now categorized as "children in need of services." As the bill reads, such detention must be in a facility separating status offenders from delinquent children. The economic consequences of altering Coyner Springs to meet this requirement is sure to be of concern. We feel that the money spent for bricks and mortar would be better spent in a more efficient delivery of prevention Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2349 Members of Council Page 2 September 26, 1988 services. The second proposal would remove youth services from the Department of Corrections. It has been our experience on more than one occasion that money appropriated for prevention services has been diverted to adult corrections when a crisis arose. Obviously prevention is our number one priority and we believe that dollars invested in this area today will pay off in a safer, saner society in the future. As I leave the chairmanship of this Board, I would like to thank my fellow Board members for this dedication, hard work, and belief in young people. I would also like to thank Marion Crenshaw, director of the Office on Youth, for her courage and determination. She has served as an example to all of us. I look forward to continued service to the City of Roanoke and I thank you for this opportunity. Respectfully submitted, Carol B. Marchal, Chairman Youth Services Citizen Board CBM: mpf attachment cc: Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. James D. Ritchie, Director of Human Resources Mr. John R. Marlles, Chief, Community Planning YOUTH SERVICES CITIZEN BOARD AND ROANOKE CITY OFFICE ON YOUTH ANNUAL REPORT 1987-88 ~Stars of Roanoke - Our City's Youth are Making a Difference" Submitted By: The Youth Services Citizen Board Mrs. Carol B. Marchal, Chairman June 30, 1988 YOUTH SERVICES CITIZEN BOARD AND ROANOKE CITY OFFICE ON YOUTH ANNUAL REPORT 1987-88 "STARS OF ROANOKE - OUR CITY'S YOUTH ARE MAKING A DIFFERENCE" Submitted By: The Youth Services Citizen Board Mrs. Carol B. Marchal, Chairman June 30, 1988 TABLE OF CONTENTS Background - Delinquency Prevention and Youth Development Act of 1979 Summary of 1987-88 Annual Plan & Committee Reports Office on Youth Annual Report Juvenile Delinquency/Youth Development Annual Plan Program Year 1988-89 Objectives and Statements of Need, 1988-89 Work Plan Attachments Page 1 3 II 13 15 20 "STARS OF ROANOKE - OUR CITY'S YOUTH ARE MAKING A DIFFERENCE" Delinquency Prevention and Youth Development Act of 1979 WHY PREVENTION? Over 50% of Virginia's adult prison population committed delinquent acts in their youth. The chances of rehabilitating a criminal decrease with each succeeding offense. In recognition of these facts, the Virginia Department of Corrections began in 1974 to fund local programs designed to prevent juvenile delinquency and promote positive youth development. The primary goal of these programs is to prevent behavior that leads youth to their first encounter with the juvenile justice system. The domino effect of this prevention strategy is the reduction of adult crime within the Commonwealth. HOW IT WORKS Under the 1979 Delinquency Prevention and Youth Development Act, the Division of Youth Services funds twenty-three local Offices on Youth. Each is advised by a citizen's board which focuses attention on youth problems and advocates for the development of needed services. Together the Board and the office staff work to identify and change conditions that lead to delinquent behavior and to strengthen those programs that contribute to positive youth development. Activities include a youth needs assessment, an annual delinquency prevention and youth development plan, a youth resources directory, a 40-hour per week information and referral service, public education, service coordination, and program development. Each Office on Youth may also administer various projects directly serving youth such as youth employment training, Big Friends, and school drop out counseling, to name a few. YOUTH SERVICES CITIZEN BOARD This board of Roanoke citizens helps set goals and objectives for the Office on Youth. The board members are appointed by City Council to represent all segments of the community - the private sector, such as bankers and lawyers; youth agencies; police; and education. The Youth Services Citizen Board communicates directly with the City Council on an annual basis and with the city administration regularly for support and guidance. This helps facilitate requests and initiate specific efforts of the Office on Youth. The Youth Services Citizen Board stresses community involvement and has promoted such events as Student Government Day to create awareness of how the city government works. During the last year, the Board has sponsored an "Open Forum" for the City's youth, produced and distributed the Youth Employment Package, conducted a self-evaluation, and had reviewed and commented on the proposed amendments to the VA DP&YD Act Grant Program Minimum Standards and Application Rules and Regulation Revisions. In addition, the citizen's board has also worked with the Office on Youth to develop a wallet-sized guide of phone numbers for youth to use as a "quick reference" to services available to youth in the Roanoke Valley. (Roster of members - Attachment A) YOUTH ADVISORY COMMITTEE The members of the Youth Advisory Committee are students appointed by the Office on Youth, with review and support from the Youth Services Citizen Board. These students, from the junior and senior high schools, work with the City's youth, assisting and advising them from a peer perspective. The members of this Committee have been active in a variety of activities such as a youth employment survey, Student Government Day and teen panel. The members have also been involved in writing and acting in a play presented at the national Neighborhood U.S.A. conference in Roanoke, and working with the younger children in the community as role models. (Roster of members - Attachment B) SUMMARY The Office on Youth, in conjunction with the Youth Services Citizen Board, develops and implements objectives which are submitted to the State Department of Corrections, City Council and City administration annually. The mechanism by which the Office on Youth and the Youth Services Citizen Board develops and implements their strategies for youth needs and concerns is through committees and a five-year needs assessment. The five-year needs assessment is distributed through the city school system. The seven major committees are: Recreation/Youth Development, Education, Employment, Mental Health/Substance Abuse, Health, Juvenile Justice and Communications. Results of these strategies have been a teen panel on sexuality issues, employment issues, the need for more recreational activities, and the development of more comprehensive alcohol and drug information. The Youth Services Citizen Board and Youth Advisory Committee hold regular monthly meetings in the City Municipal Building. Times and locations are published monthly in the local newspaper. These meetings are open to the public. Marion V. Crenshaw, Youth Planner, is staff for the Office on Youth and the Youth Services Citizen Board. SUMMARY OF 1987-88 ANNUAL PLAN AND COMMITTEE REPORTS SUMMARY OF 1987-88 ANNUAL PLAN Nine ares of concern that have been developed into objectives and priorities have been selected for the Youth Services Citizen Board and Office on Youth to work on for program year 1987-88. OBJECTIVE 1 - PRIORITY 2: The Roanoke City Office on Youth and the Youth Services Citizen Board will continue to meet all the required services as mandated by the Delinquency Prevention and Youth Development Act of 1979. Roanoke City's Office on Youth and Youth Services Citizen Board will continue to meet all required services as mandated by the Delinquency Prevention and Youth Development Act of 1979. The mandated activities are: 1) The completion of the Annual Plan, 2) printing and distribution of wallet-size youth information guides (see Communications Committee report); 3) formal working agreements and letters of support and cooperation; 4) ensuring that 24-hour information and referral services are continued; and 5) public education on youth needs and concerns (see Communications Committee reports). A Youth Needs Assessment is not required this program year. OBJECTIVE 2 - PRIORITY 4: The Office on Youth will have coordinated with the Junior League, one City Junior High School, New Directions and other youth-serving agencies to develop a pilot peer facilitators training program for 20 students. OBJECTIVE 3 - PRIORITY 1: The Youth Services Citizen Board Employment Committee and Office on Youth will have completed the Youth Employment Package (funding provided by the Department of Corrections minigrant) (see Employment Committee report). OBJECTIVE 4 - PRIORITY 5: The Youth Services Citizen Board Education Committee with support from the Office on Youth will have completed a study of the Roanoke City School System in regards to the system's dropout rate, the reading failure rate; the Alternative Education Program and the impact of students and parents attitudes about educational system (see Education Committee report). OBJECTIVE 5 - PRIORITY 6: The Office on Youth will have provided continued staff support and coordination with the City school's Social Studies Department to increase participation by 10% in the annual Student Government Day and also to provide for all eighth grade students the opportunity to visit the City Municipal complex (see Communications Committee report). OBJECTIVE 6 - PRIORITY 7: The Roanoke City Office on Youth will have continued to review all youth related grants (Federal) through JTPA as a members of the Private Industry Council. OBJECTIVE 7 - PRIORITY 3: The Youth Planner will continue to act as a resource person to increase the coordination and collaboration with and among other youth-serving agencies, community groups, and City Administration to bring youth problems, concerns, issues and available services to the attention of the community. OBJECTIVE 8 - PRIORITY 8: The Office on Youth will have completed a special project in conjunction with the Neighborhood Partnership program to provide opportunity for young people to perform during the 1988 Neighborhoods, USA Conference to be held in Roanoke in May, 1988. OBJECTIVE 9 - PRIORITY 9: The Office on Youth will participate in the study of CHINS as it relates to Roanoke City children and youth beginning on July 15, 1987 with completion by June 30, 1988. COI~MUNICATIONS COMMITTEE SUMMARY Mrs. Margaret Martin, Chairman Objectives To inform the citizens of Roanoke of youth needs, concerns and other youth-related issues. To provide at least five public educatior~ awareness projects/ programs in conjunction with the Office on Youth. To distribute at least 3,000 youth-size wallet information guides to youth of the City and other youth-serving agencies. Background and Committee Activities The Communications Committee is an ongoing committee of the Youth Services Citizen Board. This committee functions primarily to provide public information and educational information on youth needs, concerns and issues. The committee focused on the open forum, Student Government Day, and distribution of wallet-size information guides. The committee received great support from community resources, school and city administration, and the City's Youth Advisory Committee. The Committee sponsored an Open Forum for Roanoke City young people on Sunday, March 13, at the Roanoke Civic Center Exhibition Hall. The forum was entitled, "Stars of Roanoke" which featured a panel consisting of the Mayor Taylor, City Council members, City and school administrators, and other community leaders. The event enabled the young people to talk about how the City's youth can become more involved in decision making and problem solving. It also gave them an opportunity to bring other youth issues to the surface through small group discussions. The event was a great success. Approximately 100 were in attendance. Refreshments and other resources were donated. Student Government Day was completed with excellent evaluations on the day's events. This year's participation level was about the same as last year. The activity was highlighted in the year's City Council election as an event that City Council members viewed as an important project for the young people of our City. Cooperation and support for this event received local media coverage. Other activities in conjunction with the Office on Youth included the following: distribution of the wallet-size guides. public speaking engagements (5). 6 coordinated the first Annual Legislative Forum on the needs and concerns of seriously emotionally disturbed children/youth. coordinated and presented the first open forum for parents and teens as a part of the MHA parent/child seminar. conducted training sessions for Roanoke College student volunteers for the Adventures for Teens program. Youth Advisory Committee members completed the NUSA conference play. The video tape will be shown to various neighborhood groups. Hopefully, this idea will be the beginning of more young people involved in Neighborhood Partnership meetings. Conclusion The committee was really pleased with the overall participation and support that the various activities received. The coordination and planning processes were excellent. The impact on the young people of the City cannot be measured in numbers, however, the volunteer hours and economic factors in service to this community can be seen through the continuous support the Youth Services Citizen Board and Office on Youth are receiving. For program year 1988-89, the committee will implement a quarterly newsletter, will upgrade the quality of the wallet-size guides, and plans a bigger open forum. EDUCATION COMMITTEE SUMMARY Mrs. Katherine McCain, Chairman Objectives Review the City school system's dropout rate and its impact on the overall educational system and community. Review the reading failure rate and its impact on the educational system and the community. Conduct a survey of the City's students and parents attitudes about the educational system. Continue to advocate for the Alternative Education Program. Backcjround and Committee Activities The Education Committee met regularly during the past year. The committee's overall objectives were completed. The school system and the Department of Corrections High Risk Indicator provided the committee with information regarding the City school's dropout rate and its numerical rating compared with other localities within the state of Virginia. Discussions with the dropouts left some concern because it was felt that some students were being "lost through the cracks" of the system and not being counted. Example - those who move out of the City during the middle of the year, but may return and do not enroll in the school during the year. The committee instructed the Youth Planner to do the ground work for an attitudinal survey in conjunction with Roanoke College, however because the school system was in the process of conducting a similar three-phase survey, the committee agreed not to duplicate the effort. The results will be made available to the committee and the public when completed. Continued support has been exhibited towards the Alternative Education Program. Conclusion This year's committee work was completed. The committee felt there was a need to enlarge their membership to include at least two parents, a guidance counselor and PTA representative. Issues for the coming year include: drug information for all school students; advocates for alternative education; the possibility of tracking students from elementary through high school; homebound counselors; attendance at City Council, school board, and PTA meetings. These activities would be helpful in assessing the overall understanding of the City school system. The committee also felt there needed to be more parental involvement in the City educational system. The question that remains unanswered is "how?" EMPLOYMENT COMMITTEE SUMMARY Reverend Ulas Broady, Chairman Objectives Complete the Youth Employment Package. Distribute the Youth Employment Package to the young people in the City of Roanoke Evaluate the usefulness of the package information. Background and Committee Activities The Employment Committee completed the development of the Youth Employment Package. The funding was provided through a mini-grant from the Department of Corrections. Approximately 2,500 packages were printed. Today approximately 1,800 have been distributed to the various schools, city libraries, and churches. Approximately 250 evaluation forms have been received to date. The majority of the responses stated that the information was helpful and useful. Conclusion The Employment Committee completed its objective for the year. Thoughts and ideas have been given to what the committee will focus on for the year 1988-89. A follow-up response was received from the City Manager concerning the recommendation on the centralized placement center. 9 HEALTH COMMITTEE SUMMARY Mrs. Corinne B. Gott, Chairman Objective To study and develop recommendations as to the impact of adolescent pregnancy in the City of Roanoke. Background and Committee Activities A full report of this committee will be completed in October of 1988. The committee developed a task force to study the issue of adolescent pregnancy in the City of Roanoke. The report will be taken to City Council as an addendum to this report. 10 OFFICE ON YOUTH ANNUAL REPORT ,, 11 JUVENILE DELINQUENCY/YOUTH DEVELOPMENT ANNUAL PLAN PROGRAM YEAR 1988-89 Presented by: ROANOKE CITY'S YOUTH SERVICES CITIZEN BOARD AND OFFICE ON YOUTH June 30, 1988 13 PURPOSE The purpose of this document is to describe a plan of action that the Youth Services Citizen Board and Office on Youth have developed to provide positive youth development and to bring youth issues and concerns to the attention of the public to deter juvenile delinquency. This plan fulfills the requirements of the Delinquency Prevention and Youth Development Action of 1979. As young people of our City are "the Stars of Roanoke," this is the theme for this year's annual report. This year's plan has been developed with the continuous support of all the citizens of Roanoke (youth, their families, City Council, City a--clm-[~s~, ~-~d community at large). 14 OBJECTIVES AND STATEMENTS OF NEED 1988 - 89 WORK PLAN 15 OBJECTIVE #1: The YSCB's Subcommittee on Juvenile Justice will complete its investigation and offer recommendations (where appropriate) on the financial and service delivery impact of the proposed CHINs legislation as evidenced by: (I) the completed report; (2) meetings, schedules and summaries; and (3) recommendations. STATEMENT OF NEED: The proposed CHINs legislation has left localities in a state of uncertainty. Due to this uncertainty with many unanswered questions, the YSCB felt it a need to continue the investigation of the impact of legislation on our local government and youth-serving agencies (financial and service delivery). This information will feed into the state study in the next session of the General Assembly. OBJECTIVE #2: The YSCB/Employment Committee will continue the distribution of the remaining 350 Youth Employment Packages to the Youth of Roanoke City; facilitate a seminar/workshop with at least four youth-serving agencies and interested local employers to stimulate discussions on work ethic and barriers to employment for youth as evidenced by: (I) reviewing the returned evaluation forms and writing up the summaries of responses and taking appropriate action; (2) creating a planning committee to design and implement a seminar/ workshop to promote youth employment with local employers (contacting fast food employers, retail stores, etc.). STATEMENT OF NEED: The local VEC reports the local unemployment rate is down and it "is the lowest in 14 years." The fast food restaurants and supermarkets have lost their cachet among teens, according to a recent report in the Roanoke Times and World News."There will be plenty of jobs in the food service, telemarketing, and telecatalog industries, not necessarily full time. Full 40 hour work weeks may be hard to find" said Marjorie Skidmore, Job Service Manager for VEC. Economic factors such as a rise in single parent families are forcing more teens to look for jobs to help make ends meet at home or pay for college, said Terry Divers, a Patrick Henry H.S. guidance counselor, "1 liked my job at McDonald's but couldn't deal with my manager's attitude, so I quit," said a City student. OBJECTIVE #3: The Roanoke City OOY and YSCB will continue to meet all the required services as mandated by the Delinquency Prevention and Youth Development Act of 1979. STATEMENT OF NEED: The Annual Plan is one of the most valued documents for communicating youth needs, concerns, accomplishments and improvement of quality of service and programs to City Council, City administration, youth- serving agencies and community groups. The Comprehensive Human Services Needs Assessment confirms there are still gaps in services on youth needs & issues. The wallet-size guide replaces the youth resource directory. The young people did not use resource directory because it's not applicable or convenient. The wallet-size guide is useful and convenient. Other youth agencies have requested the guide. In order not to duplicate this service, a formal letter of understanding will ensure this service is available. The I & R number will be included on the guide. An opportunity will be provided for three public education and awareness programs to better inform the citizens in the community of youth needs, accomplishments, and to promote positive youth development as well as increase citizen and youth participation by 20%. OOY functions as a planning and coordinating office in order to ensure quality of services, cooperation and mutual understanding for improving services to youth and their families. While maintaining the existing agreements, OOY will try to increase working agreements or formal letters of support by two. The newsletter and articles are needed because this type of mechanism available on the City level. The newsletter will assist adults as well as teens in informing them on teen issues. OBJECTIVE #4: The OOY will have provided continued staff support and coordination with the City school's Social Studies Department to increase participation by 15% in the annual Student Government Day, including the investigation of the possibility of junior high school student participation. STATEMENT OF NEED: There is a need to increase participation in order to give more students the opportunity to see how the City government works. 17 OBJECTIVE #5: The YSCB/Education Committee with support from the OOY will advocate for continuing the City's Alternative Education Program; encourage the City school system to continue outreach for dropouts; facilitate involvement of parents in the alternative education program (increase by 5%). STATEMENT OF NEED: According to the latest High Risk Indicator, Roanoke City's dropout rate is less than I%. Concern continues to be expressed that all school dropouts have not been included in the High Risk Indicator. According to City school officials, the poverty level is on the rise and approximately 40% of the City's students come from Iow-income and single-family homes. OBJECTIVE #6: The Youth Planner will continue to act as a resource person to increase the coordination and collaboration with and among other youth-serving agencies, community groups, and City administration to bring youth problems, concerns, issues and available services to the attention of the community. Follow-up on the Health Committee's Adolescent Pregnancy recommendations; the Communication Committee's social studies tours for junior high students, and the City administration's teen center report. Encourage communication and cooperation between the schools and Parks and Recreation to offer additional recreational opportunities in the neighborhoods. STATEMENT OF NEED: The OOY was created to provide a mechanism where youth concerns, issues, and problems would be brought to the attention of the public. The Mayor/City Council appoints the members of the YSCB to ensure the function of the OOY. During the year 87-88, the YSCB made various recommendations to City Council. In order to see that the recommendations are carried out the YSCB will follow up on the issues as listed. OBJECTIVE #7: The Roanoke City OOY will have continued to review at least 35+ youth-related grants (federal) through JTPA as a member of the Private Industry Council as deemed appropriate, as evidenced by an Agreement of Understanding, meeting minutes and schedules. 18 STATEMENT OF NEED: To continue to increase coordination of youth programs and also to ensure that youth monies are spent on youth programs as mandated by JTPA funds. Present level of funding to be spent on youth related activities is 34.45% for SDA #3. Roanoke City is seeing the increase in the poverty level. Roanoke City school officials have stated that approximately 40% of the students attending City schools come from iow income families. Approximately 1,200 young people could be employed if funding were available. This year's funding is available for only 400+ young people. Because there is not sufficient funding, coordination is important to ensure that the funds are spent wisely. 19 ATTACHMENTS 2O YOUTH SERVICES CITIZEN BOARD 1987-88 NAME Mr. Wallace I. Allen P. O. Box 13327 Roanoke, VA 24040 563-7787 (W) 563-9548 (H) Rev. Ulas N. Broady 2204 Lynnhope Drive, NW Roanoke, VA 24017 362-5118 (H) Ms. Mollie C. DeBerry 1016 Hanover Avenue, NW Roanoke, VA 24017 981-2881 (W) 343-7071 (H) Mrs. Corinne B. Gott Department of Social Services Room 307, Municipal North Roanoke, VA 24011 981-2894 (W) 774-3434 (H) Ms. Elaina Loritts 2908 Florida Avenue, NW Roanoke, VA 24017 355-3681 (H) Mrs. Carol B. Marchal 2320 Mt. Vernon Road, SW Roanoke, VA 24015 344-7173 (H) Mr. Larry G. Martin 150 Laconia Avenue, NE Roanoke, VA 24012 981-2649 (W) 366-6378 (H) Mrs. Mar(~aret C. Martin 1609 Pers~nger Road, SW Roanoke, VA 24015 343-3814 (H) Mrs. Katherine M. McCain 839 Grayson Avenue, NW Roanoke, VA 24016 343-4904 (H) 21 ATTACHMENT A Mr. David Prestipino 1901 Blenheim Road, SW Roanoke, VA 24015 982-0128 (W) Ms. Anneke N. Samuel 810 Hunt Avenue, #2 Roanoke, VA 24012 362-5724 (H) Mrs. Velma B. Seif 2231 Grandin Road, SW Roanoke, VA 24015 343-7731 (H) Ms. H. Aucjusta Vance 1640 Persinger Road, SW Roanoke, VA 24015 342-1258 (H) 22 YOUTH ADVISORY COMMITTEE 1987-88 ATTACHMENT B Marissa D. Hambrick 609 19th Street, SE Roanoke, VA 24013 Dominique Brinchfield 122 18th Street, SW #3 Roanoke, VA 24016 Augusta Vance 1640 Persinger Road, SW Roanoke, VA 24015 Kristi Little 4226 Arlington Hills Drive, SW Roanoke, VA 24018 Amy Cooper 2801 Idlewild Boulevard, NE Roanoke, VA 24012 Michael Eddy 2423 Laburnum Avenue, SW Roanoke, VA 24015 Thennie Mack 206 Harrison Avenue Roanoke, VA 24016 Angie Barnes 1618 Flora Lane, NW Roanoke, VA 24017 Kimberly D. Dillon 2134 Andrews Road, NW Roanoke, VA 24017 Harriet Coles 4247 Griffen Road, SW Roanoke, VA 24014 Dionne Reynolds 331 Harrison Avenue, Roanoke, VA 24016 NW Melissa D. Sparks 1311 Morton Avenue, SE Roanoke VA 24013 Tiffany Shannon 1717 Fairhope Road, NW Roanoke VA 24017 Jocasta Harper 5212 Lancelot Lane, #3 Roanoke VA 24019 Gordon Dixon 3369 Kelly Lane, SW Roanoke VA 24018 Davern Parker II01 Rugby Boulevard, NW Roanoke VA 24017 Tiffani R. Haley 4357-F Garst Mill Road, SW Roanoke VA 24018 Rhonda Cunningham 1301 22nd Street Roanoke VA 24012 Thennie Mack 206 Harrison Avenue Roanoke VA 24016 Cecile N. Hilton 1628 Melrose Avenue Roanoke VA 24017 Anneke N. Samuel 810 Hunt Avenue, #2 Roanoke, VA 24012 Colette Taylor 2950 Penn Forest Boulevard, SW Roanoke, VA 24018 Victor L. Smith 2035 Denniston Avenue, SW Roanoke, VA 24015 23 Office of the Ci~ Clerk September 28, 1988 File #60-467 Mr. Joel ~. Schlanger Director of Finance Roanoke, Virginia Dear ,~ir. Schlanger: I am attaching copy of Ordinance No. 29305, amending and reor- daining certain sections of the 1988-89 Grant Fund Appropriations, by appropriating $8,467.00 for the Teenage Mothers Program, to provide for the operation of a joint program with the Roanoke City Health Department and the Roanoke City Schools, which Ordinance No. 29305 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, SHE:fa ~nc. pc: Sandra H. E,~kin Deputy City Clerk Mr. W. Robert iferbert, City Manager Mr. James M. Turner, Chairman, Roanoke City School ,3oard, 2405 Wycliffe Avenue, So W., Roanoke, Virginia 24014 -Dr. Nrank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24051 Mr. Richard h. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room 456 Municipal Buildin~ 215 Church Avenue S W Rc~anake Vrglnra 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29305. AN ORDINANCE to amend and reordain certain 1988-89 Grant Fund Appropriations, and emergency. VIRGINIA, sections of the providing 'for an 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 1988-89 Grant Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education Teenage Mothers Program (1-2) ....................... Education Teenage Mothers Program (3) ......................... 1) Coordinator (035-060-6568-6106-0121) $ 7,875 2) Social Security (035-060-6568-6106-0201) 592 3) Federal Grant Receipts (035-060-6568-1102) 8,467 $12,599,947 8,467 $i2,599,947 8,467 BE Ordinance IT FURTHER ORDAINED that, an emergency existing, this shall be in effect from its passage. ATTEST: City Clerk September 26, 1988 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Roanoke City School Grant I have reviewed the attached request for priation for the School Board. The Teenage Mothers 100% funded from the Roanoke City Health Department. I recommend that you concur with their request. an appro- Program is JMS/kp Attachment '~1 James M. Turner, Jr., Chairman Sallye T. Coleman, Vice Cl~airman Donald Bartol i~ Roanoke ,, ' City School Board P.O Box 1310.5, Roanoke, Virginia ~4031 Marilyn C. Curtis Edwin R. Feinour Velma B. Self 703-981-~381 William White, Sr. Frank P. Tota, Superintendent Richard L. Kelley, Clerk of the Board September 14, 1988 The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of September 13, 1988, the School Board respectfully requests City Council to appropriate $8,467.00 for the Teenage Mothers Program to provide for the operation of a joint program with the Roanoke City Health Department and the Roanoke City Schools. The program will be reimbursed by the Roanoke City Health Department. Sincerely, Richard L. Kelley Clerk of the Board and Executive for Business Affairs rg cc: Mr. James M. Turner, Jr. Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger (with accounting details) Excellence in Education. Roanoke, Vii~Jinia .~TATZON I~.m r~qT Tsenago Rot~ G~ant 035-060-6568-6106-0121 035-060-6568-6106-0201 Appropriation Unit Z58 Coozdinator Social Security $ 7,875.00 592.00 $ ,8,~467.00 035-060-6568-1102 Federal Grant Receipts $ 8~67.00 The Teenage Rothers 6rant Mill provide for the operation of a joint progra~ uith the Roanoke City Health Department and the Roanoke City Public Schools. The RoanOke City Health department Mill reimburse the Roanoke City Public Schools for the ~ges of the progr~ coordinator. ~he program Mill end June 16, 1989. September 13, 1988 C,ffice of ~e Ci~/Cler~ September 28, 1988 File #277 Mr. Robert W. Hooper Executive Director Downtown Roanoke, Inc. 410 First Street, S. W. Roanoke, Virginia 24011 Dear :Ur. Hooper: I am enclosing copy of Resolution No. 29308, authorizing a revo- cable permit to Downtown Roanoke, Inc., for the maintenance of its holiday decorations over and above City rights of way and upon certain City light standards and other City facilities in the downtown area of the City, from November 14, 1988, t~rou~h January 13, 1989, upon certain terms and conditions, which Resolution No. ~9308 was adopted by the Council of the City of ~oanoke at a regular meeting held on ~onday, September 26, 1988. Please sign and return three copies of the Resolution to the City Clerk's Office, Room 456, ~unici~al Bailding, Roanoke, Virginia 2401~. ,~incerely, SHE: ra Eric-. pc: Mr. W. Robert Mr. Wilburn C. ~r. George C. Public Safety ~r. Jimmie~. Mr. William F. ~¢r. William M. Sandra If. Eakin Deputy City Clerk Herbert, City Manager Dibling, Jr., City Attorney Snead, Jr., Director of Administration Layman, Manager, Parks and Recreation Clark, Director of Public Works Mullins, ~anager, Signals and Alarms and Room 456 Municil:)al Buildin9 215 Church Avenue S~., Rt,,anode V~g~nia 2401 (703) 981-254I IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29308. VIRGINIA, A RESOLUTION authorizing a revocable permit to Downtown Roanoke, Inc., for the maintenance of its holiday decorations over an~ above City rights of way and upon certain City light standards and other City facilities in the downtown area of the City, from November 14, 1988, through January 13, 1989, Upon certain terms and conditions. WHEREAS, Downtown Roanoke, Inc. (hereinafter "Permittee") has requested that City Council authorize Permittee to maintain its holiday decorations over and above City rights of way and upon certain City light standards and other City facilities on Streets in the Downtown Business District; WHEREAS, Council is desirous of granting the request of Per- mittee pursuant to certain terms and conditions. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: holiday decorations Over and above City rights of City light standards and other City facilities in District, the location of such decorations being more particularly descPibed in the City Manager's report, dated September 26, 1988, pur- suant to the following terms and conditions: (a)` Such permit shall be revocable and shall be effective from November 14, 1988, through January 13, 1989; (b) Permittee shall indemnify, keep and hold the City free and harmless from liability on account of injury or damage to any person or property, Permission is hereby granted to Permittee to maintain its way and upon certain the Downtown Business including City property, growing out of or directly or indirectly resulting from tile permission herein granted; (c) Permittee shall provide the Director of Public Works with a certificate of insurance naming the City of Roanoke as an additional insured, providing liability insurance in the amount of at least $300,000 for bodily injury and property damage combined; (d) Permittee shall pay to the City the cost of electrical power consumed by its decorations attached to City light standards and other City facilities; (e) Electrical equipment provided by Permittee shall be UL approved for wet locations and installed pursuant to the National Electrical Code and the National Electrical Safety Code; (f) No decoration shall be constructed, attached, installed, erected, or maintained so as to obscure the view of any directional or informational sign by any operator of a motor vehicle or pedestrian; and (g) No decoration shall be installed or attached to any tree or shrub on City property. 2. This permit shall be in full force and effect at ~uch time as a copy of this Resolution, duly signed, sealed, attested and acknowl- edged by permittee has been fi[ed in the Off[ce of the City Clerk. ATTEST: ACCEPTED and EXECUTED by , 1988. the undersigned City Clerk. this .... day DOWNTOWN ROANOKE, [NC. ATTEST: By Title - 2 Office of ~'~e Ci~, Cle~ September 28, 1988 File #60-277 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~r. Schlanger: I am attaching copy of Ordinance No. 29307, amending and reor- daining certain sections of the 1988-89 General Fund Appropriations, by appropriating $25,000.00, to provide for a contribution to Downtown Roanoke, Inc., of one dollar for every four dollars of private donations, up to a maximum of $25,000.00 total City contribution, far new holiday decorations along the streets in the downtown area, which Ordinance No. 29307 was adopted by the Council of the City of Roanoke at a regular meeting held on ~4onday, September 26, 1988. Sincerely, Sandra H. Eakin Deputy City Clerk SlfE:ra Mr. Robert W. Hooper, Executive Director, Downtown Roanoke, Inc., 410 First Street, S. W., Roanoke, Virginia 24011 ~r. W. Robert lierbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Jimmie ~. Layman, Manager, Parks and Recreation Mr. William F. Clark, Director of Public Works Mr. William M. Mullins, Manager, Signals and Alarms Room 456 Mun~opal BuilOing 215 Church Avenue SW Roanoke '~rg,ma 2401't (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1988. No. 29307. AN ORDINANCE to amend and reordain certain sections of the 1988-89 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 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Nondepartmental Contingency - General Fund (1) ....... Parks, Recreation & Cultural ............... Contributions _ Cultural (2) ........................ 1) Contingency (001-002-9140-2199) $(25 000) 2) Downtown Roanoke, ' Inc. (001-002-7220-3715) 25,000 $11,240,946 606,891 3,167,419 458,507 BE IT FURTHER ORDAINED that, an emergency Ordinance shall be in effect from its passage. existing, this ATTE~_: City Clerk Roanoke, Virginia September 26, 1988 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Downtown Holiday Decorations Background: ao Downtown Roanoke, Inc. owns the holiday decorations erected annually on City Streets during the holiday season. Vietnam Veterans' organization assists in the annual installation of the decorations. II. Current Situation: ao Downtown business interests recently initiated an effort to upgrade the holiday lighting decorations along City streets. This effort is being coordinated thru Downtown Roanoke, Inc. Carpenter Decorating of Hickory, North Carolina has developed a holiday decoration program for streets in the downtown area. C. "Roanoke - The StarliKht City" will be the theme carried out by decorations at the following locations: 1. Intersection displays a) Jefferson Street and Campbell Avenue b) Jefferson Street and Church Avenue c) First Street and Campbell Avenue d) First Street and Church Avenue e) Jefferson Street and Franklin Road 2. Globe lamppost displays a) Jefferson Street from Salem Avenue - Elm Avenue Campbell Avenue from Williamson Road - 2nd Street, S. W. e) Church Avenue from Market Street - 2nd Street, S. W. d) Market Square and Market Street Other street light pol~ displays a) First Street from Salem Avenue - Franklin Road b) Kirk Avenue from Jefferson Street - 2nd Street, S. W. 4. Flagpole in Elmwood Park Cross street - gateway at the south end of Hunter Viaduct near Jefferson Street and Salem Avenue Entranceway Park at Williamson Road and Wells Avenue Do City of Roanok~ is requested to support the new holiday decorations by contributing one dollar ($1.00) toward the purchase price for each four dollars ($4.00) contributed by private sources. The City will also be expected to assist with erecting the decorations and provide a suitable location for storage. Downtown Roanoke Incorporated will own and insure the decorations. III. Recommendation: A. City Council approv~ a contribution to Downtown Roanoke, Inc. of one dollar ($1.00) for every four dollars ($4.00) of private donations, up to a maximum of $25~000 total City contribution, for new holiday decorations along the streets in the downtown area and authorize permit for Downtown Roanoke, Incorporated with appropriate insurance and idemnification for City. B. City Council appropriat~ ~25,000 from the General Fund contingency into an account established by the Director of Finance for this purpose. Respectfully submitted, W. Robert Herbert City Manager WRH/WFC/hw CARPENTER DECORATING Hickory, North Carolina "ROANOKE - THE STARLIGHT CITY" HOLIDAY DECORATION PROGRAM FOR 1988 (1) (Al (B) (C) (D) Primary Component Intersection Displays Jefferson and Campbell Jefferson and Church First and Campbell First and Church Each unit will consist of 60' X 60' diagonally intersecting lines which will support lighted garlands and a 12' X 12' centerpiece. The center three-dimensional star is 6' X 6' with the surrounding foliage and radiants combining to enlarge and enhance the focal "Star". Cost: $3,200. X 4 = $12,800. Secondary Component (2) 67 Double Globe Lampposts on Jefferson Street These units will measure 5' X 6' overall with a 36' star. The surrounding foliage will measure 6' in width. {Maximum of 60 C-7 clear lamps.) Cost: $200. X 67 = $13,400. (3) Additional Components Cross Street - Gateway units at the base of the Hunter Viaduct near Salem & Jefferson and, if physically feasible, at the intersection of Campbell & Second. These units will measure from pole to pole and feature an 8' X 8' centerpiece. (200 clear lamps) Cost: $1,300. X 2 : $2,600. (4) Intersection Display - at Jefferson and Franklin, if physically feasible (same as Intersection Display on #1) Cost: $ 3,200. (5) Lamp Post - 67 Single Globe Posts on Campbell and 45 on Church for a total of 112. These units will encircle the globe with a 36' star and an overall display of 5' X 5' with surrounding foliage. (60 clear lamps} Cost: $200. X 112 : $22,400. (6) Market Square & Market Street - 6 Double Globe Posts Cost: $200. X 6: $1,200. 1 Quadruple Globe Post Cost: $325. 7 Single Globe Posts ~.ost: $200. X 7: $1,400. (7) 40' Gooseneck Type Pole on First Street and Kirk Avenue These custom units are 10' tall and are designed in a "Rising Star" manner to compliment this program. (Additional units of this type might be used on Franklin, Second, Salem or Williamson) Cost: $325..X 19 = $6,175. (8) Large Display on Flagpole near Central Library in Elmwood Park. Cost: $3,500. (9) A 35' Star-Tree, possibly at the fountain behind the Hotel Roanoke facing the Interstate at Wells & Williamson Cost: $25,000. SUMMARY OF COSTS (1) Primary Intersection Displays (2) Jefferson Street Lampposts ............. (3) Gateway Units . . ' ............. {4) Additional ................... Intersection Display ............ {5) Campbell & Church Lampposts ........... (6) Market Square & Market Street Lampposts . . . i . . ~ i (7) First & Kirk Lampposts (8) Elmwood Park Flagpole . i ~ ~ ~ ............ (9) Star Tree ............ sub total +4.5 % VA sales tax TOTAL $12,800.00 13,400.00 2,600.00 3,200.00 22,400.00 2,925.00 6,175.00 3,500.00 25,000.00 4,140.00 $96,140.00 Office of ~he Cit~ Clerk September 28, 1988 File #60-72 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear ~fr. Schlanger: I am attaching copy of Ordinance No. 29309, amending and reor- dainin~ certain sections of the 1988-89 General Fund Appropriations, to provide for the transfer of funds in connec- tion with acceptance of supplemental funding, in the amount of $63,836.00, allocated by the State Department of Social Services to the Department of Social Services, for Day Care for Children, Prevention of Foster Care, and Independent Living for Foster Children, which Ordinance No. 29309 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 20, 1988. Sincerely, Sandra H. Eakin ~ Deputy City Clerk SHE:fa pc; Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director of Human Resources Ms. Corinne ~. Gott, Superintendent of Social ~ervices Room 456 Munici~:x]l Building 215 Church Avenue SW Roano~,e 9]rg~nia 24011 (703) 98~-2541 AN ORDINANCE to 1988-89 General Fund emergency. WHEREAS, Government of the exist. THEREFORE, Roanoke that Appropriations, reordained, to Appropriations Health and Welfare IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29309. amend and reordain Appropriations, VIRGINIA, certain sections of the and providing "for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council certain sections of the be, and the same are read as follows, in part: of the City of 1988-89 General Fund hereby, amended and Social Services - Services (1) ...................... Employment Services (2) ............................. Non-Departmental Contingency - General Fund (2) ...................... Revenue Grants-in-Aid Commonwealth Welfare (4-5) ...................................... (001-054-5314-3160) $ 27,384 (001-054-5316-3160) 36,452 (001-002-9410-2199) ( 6,402) (001-020-1234-0683) 24,627 (001-020-1234-0681) 32,807 l) Purchased Services 2) Purchased Services 3) Contingency 4) Purchased Services 5) Employment Services $11,246,907 3,974,768 484,636 11,259,544 625,489 $49,472,450 7,028,906 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: II. III. ~eptember J~, 1988 SUPPLEMENTAL FUNDING ALLOCATED BY THE STATE DEPARTMENT OF SOCIAL SERVICES BACKGROUND The State Department of Social Services has, since the adoption of the FY 88-89 budget, allocated supplemental funds to the local Social Services Department in the amount of $63,836 requiring $6,402 in local matching funds. B. Supplemental fundin8 is allocated on the following basis: 1. $36,452 will be 90% reimbursed by the State with 10% being local funds. 2.$13,784 will be 80% reimbursed by the State with 20% being local funds. 3. $13,600 will be 100% reimbursed by the State. CURRENT SITUATION A. Supplemental fundin$ is allocated for the purchase of the following services: 1. $36,452, Day Care for Children. 2. $13,784, Prevention of Foster Care. 3. $13,600, Independent Living for Foster Children. B. City Council is requested to transfer available local funds to match the supplemental funds allotted by the State Department of Social Services. ISSUES A. Services to citizens. B. Fundins. IV. ALTERNATIVES A. City Council accept the supplemental allocation to the Department of Social Services for purchase of services. 1. Service to citizens. Additional services can be provided as follows: a) Day Care for Children to assist additional families who are employed or in education or training leading to employment, in meeting their day care needs. h) Prevention Foster Care to assist families by providing for Homemaker/Parent Aide to work with family in home to prevent removal of children and providing for emergencies in order to maintain family unit in crisis. c) Independent living for foster care children to assist eligible children 16 years and older in making the transition from foster care to independent living. 2. Funding is available in the General Fund contingency account, #001-002-9410-2199. B. City Council not accept the supplemental allocation to the Department of Social Services for purchase of services. 1. Services to citizens. Additional citizens would not be provided with services as follows: a) pay Care for children. Self-sufficiency will not be achieved by families eligible for day care funds. h) Prevention Foster Care. Will not be able to provide service to prevent Foster Care placement, therefore, increasing the number of children for whom costly foster care services are necessary. c) Independent Living for foster care children. Additional services for foster care teens could not be provided. 2. Funding. Not an issue. V. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the following: A. Transfer $6,402 from the General Fund Contingency Account #001-002-9410-2199 to Department of Social Services Accounts: 1. $2,757. Account #001-054-5314-3160 Purchased Services. 2. $3,645. Account #001-054-5316-3160 Purchased Services. Increase revenue estimate of funds received from State Department of Social Services and corresponding increase in expenditure accounts by $57,434 as follows: 1. $24,627 Revenue Account #001-020-1234-0683 and corresponding increase in Expenditure Account #001-054-5314-3160. 2. $32,807 Revenue Account #001-020-1234-0681 and corresponding increase in Expenditure Account #001-054-5316-3160. Respectfully submitted, City Manager WRH/JDR/CBG/tei CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services Or, ce of .he C:W Cier~ September 28, 1988 File #468B Ms. ~ary H. Allen Deputy Clerk of the Board Roanoke County Board of Supervisors P. 0. ~o~ 29809 Roanoke, Virginia 24018-0798 Dear Ms. Allen: I am enclosing copy of Resolution No. 29310, respectfully declining the invitation of the Roanoke County Board of Supervisors for the City of Roanoke to participate in the Spring tfollow Reservoir Project, which Resolution No. 29310 was adopted by the Council of the City of Roanoke at a regular meetin9 held on Monday, September 26, 1988. Sincerely, Sandra H. Eakin Deputy City Clerk SitE:fa pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn Co Dibling, Jr., City Attorney Mr. Joel ~. SchIanger, Director of Finance Mr. Kit 6. Kiser, Director of,Utilities and Operations Room 456 Municipal Building 215 C~u:-ch Avenue S W Rc.anoke './~g~ma 24011 (703) 981-254¢ IN THE COUNCIL OF THE CITY OF ROANOKE, The 26~h day of September, 1988. No. 29310. VIRGINIA, A RESOLUTION respectfully declining the invitation of the Roanoke County Board of Supervisors for the City of Roanoke to participate in the Spring Hollow Reservoir Project. WHEREAS, the Roanoke County Board of Supervisors has offered the City the opportunity to participate in the Sprl,~g Hollow Reservoir Project; WHEREAS, upon careful consideration of the proposed project, the Council is of the opinion that City participation in this project is not appropriate at this time; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City respectfully declines the invitation of the Roanoke County Board of Supervisors to participate in the Spring Hollow Reser- voir Project. 2. The Clerk is directed to forward an attested copy of this resolution to the Clerk of the Roanoke County Board of Supervisors. ATTEST: City Clerk. Roanoke, Virginia September 26, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Spring Hollow Raw Water Development: Purchase of Capacity Rights I. Back~round (1981-83 Timeframe) Need for an additional supply of water was recognized as early as 1959 when a report recommending the development of Back Creek as a supply source was announced by the City of Roanoke. Resional Water Supply Committee was appointed by the four valley governments in 1981 to identify a regional solution to what was pro- jected to be a valleywide need for water by the year 2040. A regional approach would result in an overall stronger valley water system. Co Committee report recommended that, among the alternatives available, a source of future water supply near the Roanoke River in the western part of the County should be identified and developed. D. City Council endorsed the committee's report pursuant to Resolution No. 26713, dated October 3, 1983. (See Attachment "A") II. Recent Situation (1985-86 Timeframe) Technical investisation was commissioned by Roanoke County to deter- mine feasibility of constructing a raw water impoundment facility at the site which has become known as "Spring Hollow." Technical report, which was preposed for the County by Hayes, Seay, Mattera & Mattern, was reviewed with City staff and later (July 28, 1986) with Council's Water Resources Committee. Co City participation in the Spring Hollow project, as outlined in the Water Resource's Committee's report to City Council dated August 11, 1986, was based upon the following information that was known at that time. (See Attachment "B") 1. Facility a. Size options - 29 MGD safe yield or 18 MGD safe yield con- structed so as to be expandable Mayor Taylor and Council Members Page 2 2o Cost o 29 MGD - $32 million o 18 MGD expandable - $26 million City Costs ° 29 MGD - $4.3 million ° 18 MGD expandable - $3.5 million Treatment and Distribution of raw water would need to be addressed under separate agreements. However, the City Manager, anticipating this need, requested that the City of Salem agree to treat the City's share of the raw water and distribute it into the City via the existing interconnect system. (See Attachment "C") Source of Revenue anticipated to fund City's participation in project was not decided at Council's August 11, 1986, meeting. However, all options given by the administration at that time anticipated the need for a water rate increase. Council endorsed the recommendation of the Water Resource's Committee by adopting Resolution No. 28293, dated August 11, 1986. Council's intent, as expressed in the Resolution, was to participate subject to final negotiation and approve by Council of the terms and conditions of the proposed multi-jurisdictional agreement. III. Current Situation IV. A. Permit needed by Roanoke County as sponsor of the project was delayed due to project opposition by various environmental groups. B. Safe ~eild finally approved for project is 17-18 MGD which eliminates the possibility of expanding the structure at a future date. C. Multi-jurisdictional participation, which was a strong focus of the original (1983) negotiations has dwindled. 1. Town of Vinton has identified and developed a ground water source of supply to meet its future needs. City of Salem's participation in the project as well as their commitment to treat the City's share of the raw water is not yet confirmed. Conclusion: I rcommend that City Council respectfully decline to par- ticipate in the Spring Hollow Raw Water Reservoir Development at this time. My recommendation is based upon the lack of information in the following major categories: Mayor Taylor and Members of Council Page 3 A. Multi-Jurisdictional Participation B. Terms and Conditions of a formal agreement which has the approval of the City Attorney C. Treatment and Distribution of the City's share of the raw water Respectfully submitted, WRH:EBRJr:mp Attachments cc: City Attorney Director of Finance W. Robert Herbert City Manager Director of Utilities and Operations CITY !3, "- , :,ii '8.3 FP29 Roanoke, Virginia October 3, 1983 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Conceptual Plan for Joint Valley Water Supply Development The attached report was presented to a joint meeting of Roanoke Valley Governments on September 14, 1983. Your Committee considered this report during its September 26, 1983 meeting. Your Water Resources Committee recommends that Council concur with the recommendations set forth on the last page of the report, including authorizing the Mayor to appoint the representative(s) of the Committee to the negotiating teams. Respectfully submitted, Eli/~abeth T. Bowles, Chairman cc: City Manager Director of Finance City Attorney ETB:KBK:wbr [~OANOKE VALLEY WATER SUPPLY L COIVirvIITTEE REPORT BACKGROUND OF THE ROANOKE VALLEY WATER SUPPLY COMMITTEE The Water Supply Committee grew as a result of Several significant events that indicated the need to provide a common solution to a common goal for additional water supplies. Those events are: A. Back Creek Water Supply Development was recommended in a report to the City of Roanoke in 1959 and announced by the City as a planned project in June, 1976. This project was to provide water to the Roanoke City Water System which included service to portions of Roanoke County, Botetourt County, Vinton and Bedford County. Application to permit direct withdrawals of water from Back Creek and Roanoke River was made by Roanoke County to the State in the 1978 era. Such application was seen to be in direct competition to Salem's needs and the Roanoke City's plans. Law suits were filed by Roanoke County and Roanoke City on Back Creek projects. Governor of Virgini~ asked the State Water Control Board, who commissioned a consultant, to study and make a recommendation on the Water Supply Needs of the Valley. Well system agreement was made by Roanoke County and the Town of Vinton in May 1979 to supply water needs to the Town of Vinton and East County. Bulk Water Supply and Sewage Service agreement was entered into between the City of Roanoke and Roanoke County in August, 1979. A subsequent agreement was also reached between the City of Sa]em and Roanoke County. These agreements provided for the sale/purchase of bulk surplus water and provisions for each local jurisdiction to take care of individual sewer and water service to their citizens. Back Creek Task Forc~, representing Roanoke City and Roanoke County, met in November, 1979, to see if the parties could agree to amiably settle the Back Creek law suit. State Water Supply Report, prepared by Moore-Gardner, dated January 1980, was presented to the Valley governments. Report projected peak day deficit of 7.7 million gallons per day for year 2000, listed alternative means to meet demand but made no recommendations. Valley governments commented that the study period was too short- sighted and made no substantial attempts to support or refute the reports findings. The State Water Control Board subsequently undertook to update that January 1980 report to project needs through year 2030. I. 1980-81 Drought In November, 1981, the .City and Town counci]s and the County Board of Supervisors agreed to establish and appoint the chief administrators to a Water Supply Committee to study and address the Valley's water supply needs. Water Supply Committee Study Results A. Projected ~,ater supply needs through the year 2040 indicating a de£ieit of 30 MGD. WATER DEMAND IN MILLION GALLONS PER DAY 1990 2000 2010 .2.020 2030 2040 Salem 5.6 6.8 8.2 10.0 12.1 14.5 Roanoke City 15.9 16.7 18.7 21.3 24.6 28.8 Roanoke County 5.0 10.18 12.51 14.71 16.64 17.5~ Vinton 1.5 2.3 2.5 3.8 4.2 4.7 Average Daily Total Demand 28.0 35.98 41.91 49.81 57.54 65.58 Capacity of existing facilities: Carvins Cove Filter Plant Salem's Glenvar Filter Plant and Salem's Old Filter Plant Crystal Spring Falling Creek Filter Plant Vinton Wells Roanoke County Wells 20.0 mgd 5.0 mgd 3.5 mgd 1.5 mgd 3.0 mgd 3.5 mgd 36.5 mgd Bo Ce Review of alternatives: - New River - Smith Mountain - Back Creek - Groundwater - Dry Branch - North Fork Roanoke River - Bradshaw Creek - Water Conservation - West County Coordination and development of Roanoke Interconnection Feasibility Study by Hayes, Mattern. River/Carvins Cove Seay, Mattern and Review of State Water Control Board expanded report and received support of alternatives by State Water Control Board. Established four major alternatives: 1. Smith Mountain 2. Back Creek 3. Roanoke River/Carvins Cove 4. West County Evaluation and cost estimates for major alternatives: Total Costs 1. West County $37,900,000 2. Smith Mountain $31,890,000 3. Carvins Cove $58,573,000 4. Back Creek $44,857,000 Annual Costs 55 years Debt, O & M 1.6 1.71 2.58 2.26 Presentation of alternatives. RECOMMENDATION: The Committee recommends: 1. The supply should meet the 2040 demand deficit. 2. Concurrence to proceed with the West County source of supply. 3. Each government agree to appoint 1 to 3 representatives to a joint committee to negotiate an agreement, subject to each governmental body's approval, to address and agree to the method of constructing, operating and funding the new source of supply. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of October, 1983, No. 26713. A RESOLUTION endorsing in concept the development of a source of water in the western part of Roanoke County as a joint venture with certain other local governments of the Roanoke Valley. BE IT RESOLVED by the Council of the City of Roanoke as fol- lows: 1. The Council endorses in concept the report, entitled "Roanoke Valley Water Supply," attached to the report of Eliza- beth T. Bowles, Chairman, Water Resources Committee, dated October 3, 1983, relating to the development of a surface water source near the Roanoke River in the western part of Roanoke County, such source intended to supply water to meet the needs of the Roanoke Valley to the year 2040 and to be developed as a joint venture between the City of Roanoke, the City of Salem, the Town of Vinton and Roanoke County; 2. The Council does respectfully urge the City of Salem, the Town of Vinton and Roanoke County to join with it in the afore- said joint venture for the continued benefit and progress of the entire Roanoke Valley; 3. The Council does appoint H. B. Ewert, City Manager, as its representative to a committee comprised of representatives of the several local governments hereinabove set out to develop an equitable agreement by and between said governments for the develop- ment, financing and utilization of said source of water; and 4. The City Clerk is directed to forward an attested copy of this resolution to the respective Clerks of the City of Salem, the Town of Vinton and Roanoke County. ATTEST: City Clerk. Roanoke, Virginia August 11, 1986 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Regional Water Supply Development for the Roanoke Valley Your Water Resources Committee considered the attached staff report and reviewed a presentation by Hayes, Seay, Mattern & Mattern during the Committee's July 28, 1986 meeting. Hayes, Seay, Mattern & Mattern is the Engineering firm employed by Roanoke County to design the proposed West County Raw Water Facility, hereafter called the Spring Hollow Reservoir. Your Committee recommends that City Council concur with the staff recommendation and by resolution inform Roanoke County and the City of Salem that the City of Roanoke intends to participate in the development of an expandable 18 million gallons per day safe yield (in conjunction with the Roanoke River) raw water withdrawal and storage facility at Spring Hollow subject to: 1. The scope and participation being as outlined in the staff report, and 2. The final terms and conditions of a proposed multi- jurisdictional contractual agreement being subject to approval of Roanoke City Council. ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Respe~ctful ly submitted, Elizabeth T. Bowles, Chairman Water Resources Committee Roanoke County Administrator Salem City Manager DATE: TO: FROM: INTERDEPARTMENT COMMUNICATION July 18, 1986 Mrs. Bowlqs~mbers, Water Resources Committee thru ~K. B. Kiser Subject: Regional Water Supply Development for the Roanoke Valley Back, round: A. Attached is a background statement and confidential copy of the last draft contract between the Valley governments. B. $16,000~000 bond issue referendum was announced by Roanoke County on June 24, 1986 to finance the County's share of the develop- ment of a source of raw water supply in western Roanoke County for the Roanoke Valley. Ct City intention to participate has been requested by Roanoke County by letter dated June 26, 1986 from Chairman Brittle to Mayor Taylor. A copy of that letter is attached. Size of the impoundment facility needed to meet the projected Valley's water needs in the year 2040 has been projected as one which acting in concert with the Roanoke River would provide a safe yield of 29 million gallons a day {MGD}. The 29 MGD dam project would have a maximum depth of 213 feet and cost approxi- mately $32,000~000. This facility would store 3,605,000,000 gallons which equates to 110 days supply under projected worst drought conditions for the additional Valley water supply needs in the year 2040. The 2g MGD safe yield assumes a withdrawal permit condition as approved by the State Water Control Board (SWCB). All further discussions are based on the SWCB permit. The safe yield may be less, perhaps considerably, depending on ultimate permit conditions that may be approved by the Corps of Engineers (COE). Optional project size would provide a phased impoundment project of 18 MGD safe yield dam initially, expandable at a later date to 2g MGD. This 18 MGD safe yield size project would cost an esti- mated $26,000,000 and have a maximum depth of 165 feet. Page 2 II. E. Full project cost for raw water source development, treatment plant expansion and/or new treatment plant constructio~ and interconnect points with necessary pumping stations to meet Valley water supply needs through the year 2040 is currently estimated at $55,000,000. Pipe line construction would be an additional cost Cit noke's share of those costs would be approximately'$11,0~O~JO~a- F. Recommended project has the following characteristics: 1. Size - 18 MGD safe yield expandable. 2. ~- Rock and earth filled having either an imperme- able clay or concrete core. o Treatment - Costs of which are not part of initial project - by expansion of City of Salem Glenvar filter plant and/or construction of a new filter plant at the reservoir site. Treatment and distribution - Cost would be shared, when needed, by formula{s) developed in a separate future con- tract. The City/County 1979 bulk water contract would remain unchanged. Water provided from this new source would be by separate formula(s). Each party would pay cost for either raw water source development and oper- ation, treatment plant expansion/construction and oper- ation, and distribution facilities construction/operation with a use of money return on investment factor of 1.15 built into the formula. G. City of Roanoke's cost of the recommended initial project of an 18 MGD safe yield expandable raw water supply is estimated at 13.34 percent of $26,000,000 or $3~468,400. Use $3,500,000 for estimating purposes. Payments would be made as costs are in- curred on a progress basis over the 4+ year project period. H. Leakage is a concern that has been investigated, primarily at a spring site located in the reservoir area. Estimates are that leakage with the area ungrouted would be in the 2 MGD range but after placement of a grout curtain the leakage would be reduced to a 0.25 to 0.50 MGD range. Cost of grouting is estimated as part of and included in the above identified costs. I. City of Roanoke water from the new raw water source would be released to the river or, perhaps, eventually piped to City of Salem, for pickup, treatment and transported to the City of Roanoke. Cost would be by formula to be developed or by exist- ing/emergency contract agreement with Salem. The City's water could, depending on future contract negotiations, be treated and transported by Roanoke County. Current situation evolves around a response to the question from Roanoke County of the City's intention to participate. A. City's interest in developing and promoting a reasonable quantity of water for sanitary, fire suppression and economic development purposes in the Valley is long-standing. Page 3 Resolution No. 26713~ dated October 3, 1983, expresses Council's intention to participate in a 30 MGD safe yield water supply de- velopment project. C. City's need for an additional source of water supply is not pro- jected to be urgent until the 2030 era. To reach that point in time, however, assumes there W~be times of drought when Car- vins Cove reservoir would be completely empty. D. Now is the time to 9et involved in an expandable new source of water supply for the Valley. Roanoke River is the best source of supply in the Valley (with Back Creek being second). The City should consider participating in this major Valley water supply source of development. New source or facility development is required, or development planning initiated, when an existing source or facility reached 80% capacity for 3 consecutive months. May, June and July, 1986 has resulted in the City of Roanoke reaching 70.5% of our source capacity and 75.0% of our treatment capacity. Expansion of Car- vins Cove Filter Plant at an estimated cost of $2,000,000 ma~.~y_be required within 5 years. See attached State Water Regulations excerpt. F. Fundin9 options: o 1. Facts: Need $3,500,000 payable over four (4) or more years. Water Fund is projected to have between $2~000~000 and $2~500~000 in reserve with the close of books as of June 30, 1986 adjusted to fund projects already autho- rized. These projects include the Round Hill Pumping Station, Salem Interconnect Pumping Station, and the 220 South Water Project. An average estimate of $2~250~000 reserve balance will be used henceforth. Annual expenditures in recent years have equaled annual revenues over a 3 - 4 year average. The reserve is used to fund cash flow in off or down years, to meet emergencies, to help the economic development effort and to meet rising costs until adjustments are made in the revenue base. c. Current debt service payment~ in the amount of $200,000 annually will be paid off in 1991. Options: ao Use $2,250,000 reserve and increase water rates by 6% on date contract is signed with Roanoke County and a,m additional 6% 12 months later. Water rate increase would produce $1,134,000 by the end of four (4) full years and should remain in effect to recover a con- tingency fund and to offset cost fluctuations. Average consumer bill would increase by almost 50C/month hr $6.00 per year after second adjustment. Page 4 bo Co do It is specifically noted that any agreement between Roanoke City and Roanoke County will likely be a three party agreement including the City of Salem. This re- port is written with the unaffirmed assumption that the City of Salem will participate in the Valley water sup- ply source development. Use $1,799)000 of reserw and raise water rates over two years to reflect a 76~ per month increase in a typical residential water bill by increasing all rates by 9% on the date a contract is signed and an additional 9% in 12 months. Resulting increase would produce $1,701,000 in four (4) full years. This would leave $451,000 i-~--- the contingency reserve fund for emergencies, cash ¥1ow, economic development and to be a start toward funds needed for Carvins Cove Filter Plant expansion. Addi- tional reserve funds should be obtained before that expansion. Provide for a $3~500~000 bond issu~ over a 15-year period. Assume 8% interest rates. Annual payments would require $598,570. Initial expense of setting up the bond issue ~ be approximately $200~000 and would come from the current retained earnings. The remaining $2,050,000 in retained earnings would remain intact to offset rising cost, cash flow, emergencies or future capital projects. Water rates would need to increase by 22% until 199) at which time, depending on inflation, consideration could be given to an 8% reduction. Use the $2,250~000 reserve and have a $I~250,000 bond issue. Expense of approximately $200,000 to sell bonds ~ this option impractical. T~on also would delete Water Fund reserves and not provide any recovery mechanism except deletion of routine capital expendi- tures for new and replacement water lines, services, and hydrants. Raise water rates to produce $3,500,000 over 4 years and leave the current reserves intact for emergencies and to ward off future inflation. Rates would need to raise some combination similar to: 12% on date additional 12% additional 12% additional 12% contract is signed within 12 months within 12 months within 12 months Decision would be made at the end of the 48 month period on the amount of a rate reduction at that time. Page 5 III. Issues fo Sunset provisions on any rate increase to insure those rates revert back to previous amounts upon attainment of project funding and contingency fund re-establish- ment is an option that you will probably wish to consider. IV. Funding option chosen should be carefully considered. Decision should be made at the time of authorization of execution of future contracts with the City of Salem and Roanoke County. Specific report dealing with a~unts and dates will be sub- mitted at the time of a report recommending approval of a contract with Roanoke County. Some items of that potential contract are still being negotiated. All items of any con- tract are, of course, only approved and agreeable once Council has approved and authorized the contract. __ in order of consideration are: A. Valley water supply needs B. City water supply needs C. Timing D. Cost E. Funding Alternatives: Ao Water Resources Committee recommend to City Council that Roanoke County and the City of Salem be notified that Roanoke City intends to participate in the development of an expandable 18 MGD water supply project at the West County reservoir site subject to final approval of the terms and conditions of a contract for that pro- ject development and assuming the City of Salem is also a project participant. 1. Valley water supply needs for a new source of water by 1995 can be met. 2. City water supply needs for an additional source of water in times of severe drought but not later than 2030 will be met. City can Only meet its intermediate needs in the years of 1995 - 2020 if there is another source to augment the needs of the citizens of the other Valley governments. Hopefully, our participation will help insure that a new source is developed as soon as possible. 3. Timing for a new source of water development for the Valley is immediate. The City will have the opportunity to be part of that project to meet our future City citizen needs. Page 6 4. Cost to the City of this phase of the project is estimated at $3~500~000. Future project costs of filter plant ex- pansion and reservoir expansion will better be given at those future dates when the City needs those projects. 5. Fundinq can be by one of the options previously identified. Council should consider these options. A decision on the method of funding should be made at the time of authoriza- tion to execute an agreement with Roanoke County and the City of Salem. Water Resources Committee recommend to City Council that the City not participate in the initial development of the West County water supply development but express its intention of possibly participating in a future expansion. Valley water needs for the immediate future will be met but future needs could be compromised since it is likely Roanoke County could not afford to construct an expandable reservoir project, sufficient to meet future Valley needs, by itself. City water supply needs during period of extreme drought or for the distant future will likely be compromised. Timing would not be optimum. Cost. to the City in terms of dollars now would be zero. Future costs or loss of ability is difficult to quantify. Co 5. Funding would be a mQot issue for the immediate future. Water Resources Committee recommend to City Council that the City not participate in the West County water supply development. I. Valley water needs can only be met if Roanoke County and/ or with the City of Salem proceed with an expandable reservoir project. City water needs for the future or in periods of extreme drought would likely be compromised. Timing for meeting future City water supply needs is not optimized. 4. Cost is a moot issue. 5. Funding is a moot issue. Recommendation: Water Resources Committee recommend in accordance with Alternative "A" that City Council notify Roanoke County and the City of Salem in the form of a resolution or other suitable statement of the Page 7 City of Roanoke's intention to participate with those two localities in the development of the West County water supply development by pay- ing 13.34% of the cost of construction and construction related cost in return for 13.34% of the project capacity and subject to the final terms and conditions of an intergovernmental agreement for the project. KBK:afm Attachments cc: Councilman James O. Trout Councilman David A. Bowers Mr. Elmer C. Hodge, Jr. Mr. William J. Paxton, Jr. II. III. IV. V. VI. VII. VIII. IX. XI. XII. Nk'~WATEK SUPPLY DEVELOPMENT 1959 report prepared by the City identified several water supply sources in order of preference. The first three were: Ae B. C. Back Creek Tinker Creek Diversion Tunnel Catawba Creek Diversion Tunnel Tinker Creek Diversion Tunnel Catawba Creek Diversion Tunnel Completed by City in 1966. - Completed by City in 1973. ~ for Back Creek Development began in 1975. Back Creek Development announced by City, June, 1976. County opposition =o City development of Back Creek put project on delay status. County als6 applied to State for a 2 MGD direct withdrawal permit from Back Creek. Annexation of 1976 did not help relationships because of sewer serfs and water waifs. Water and sewer a~reement of 1979 states premise That City would serve the City and County would ser~e County but that City would sell bulk surplus water to County. Back Creek Task Fort. set-up between City and County representatives late 1979 or early 1980. A meeting was held March 11, 1980 in The County Administration Conference Room. Joint meeting of Valley WaTer Resources Co,~ctee on November 1981 discussed the water supply problems and various plans. Chief Administration of each 4 local governments assigned task on January 31, 1982 To study and recommend a solution To the water supply problem serving The Valley. Joint orr in ~..rip September 1983 from Administrators to elected of:lcla£s presented :h~ e concept of the West County Pump Storage development to the public and elected officials. Elected officials informally and within next month formally appointed Chief Administrator to negotiate a development/ operational agreement. Tar et date-for Adm{n[~;~g~; to 2resent draf=___~eement was Decem er , . Page 2 XIII. XIV. XV. Negotiators still in proces~ for joint valley raw water development with last meeting having taken place on June 4, 1986. Attached is a confidential copy of a draft con- tract with three current areas of disagreement underlined. Other A~reement: Salem and City of Roanok, have authorized an agreement between the two cities for more temporary and one perma- nent ~nterconnect points between their respective water systems. City Council approved the agreement December 3, 1984. City/City negotiations of agreement terms took less than 30 minutes. ~ity, has been tryin~ to develop or participate in the eve£opment of another water supply for the Valley for the past decade - 1975 thru 1985. The Honorable Noel C. Taylor Mayor, City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Dear Mayor Taylor: RE REGIONAL WATER SUPpLy On June 24, 1986, the Board of Supervisors approved a November bond referendum of $16 million dollars for the County's share' of the construction of a regional water supply in western Roanoke County. At that time, the Board emphasized their desire that this be a regional project, and the hope that the Cities of Roanoke and Salem would participate. Our past discussions indicate both cities are interested in a regional project to serve the water needs of the entire Valley. The Board also acknowledged the necessity to proceed as quickly as possible to finalize the commitments of the Cities of Roanoke and Salem in order that the County may prepare the bond package for the November referendum. Therefore, I would appreciate a response from Roanoke City within 60 days as to your intention of participating in this important regional project. The County staff and our consultants, Hayes, Seay, Mattern & Mattern are available to make a presentation to your staff and ei=c~ed officials. In addition, we will prc';ide all the information regarding the results of the site feasibility stud~, which was recently completed. Please let me know if we may be of any other assistance to you. · Sincerely, Alan N. Brittle, Chairman Roanoke County Board of Supervisors AHB/mha CC: W. Robert Herbert, Roanoke City Manager Commonwealth of Virginia/State Board of Health Waterworks Regulations February 1, 1982 Copies of the Regulations, aa amended, may be obtained from the Bureau of Water Supply Engineering, Department of Health, 109 Gov®rno~ St. Richmond, Va. 23219 or from any o! the Regional Offices listed in Appendix C. S.0~.0~ Weterw°rks utJlizthg groundwater es a water supply will pe requirsd to ¢lisintect if a .' 'a~ survey reveals a Notential source of contamination ar~or if the water fails to meet t~,~ oactedological quality star~ard~ set forth in Section 4.00 of these Regulations. 5.07 Acceptable Operating Practice. 5.07.01 (~This section is ~ intended to be ell inclusive but reflects the concern for the public health significance of c. erteln ~actices retatscI to treatment plant operetion. 5.07.02 Weterwork~ designed for pectehe and turt~lity removal shall not be oPerated without adequate chemical coagulation. 8.07.03 Wats~orka utilizing filtration in the treatment prones~ shell not vary the rate of filtration through any single filtering unit above its design capacity. 5.07.04 Filtering units equil~ned with re-wash facilities shell not I~e returned to service after backweshing until being thoroughly re-washed. 8.07.0~ All weten~K~rks shell provide a minimum working pressure of 20 psi at all service connecttone. 5.08 Watefwo~k~ Expan.lon 8.08.01 At such time se the water production of a community waterworks reaches 80 percent of the rated capacity of the waterworks for any consecutive three-month beriod, the owner shell cause plans and specifications to be developed for axlNulsion of the watsrwor~ to include · ~chedule for constructl~l; however, if it can be shown by the owner that growth within the semice area ia limffed and will not exceed the rated cal0acity of the waterworks or if unusual transient conditions caused production to reach the 80 bercant level, prabaration of plans and a~neciflcatione for expansinn will no longer be required. 5.0~.02 All waterworks shall provide metering of total water production. 5. Reporting 5.09.01 The results of any required monitoring activity shell pe reported by the waterworks owner to the approbriete Regional Office no latsr than the 10th day of the month following the month during which the tests were taken. 5.09.02 It shall be the duty and responsibility of an owner to relx~rt to the approphets Regional Office in the most expeditious manner (usually by telephone) under the following circumstances. If it is done by telephone a confirming report shell be mailed as soon se practical. a. When a hactadological examination shows a check sample is required (see Subsection 4.05.03}, a report shell be mede within 48 hours. b. When chlorine residual is permitted to be substituted in lieu of coliform examination the owner shell report within 48 hours the lack of chio~ne residual a~ required by Subsection 4.04.01c5. c. When the dallY aversge of turbidity testing axcesds 5 TU a relx~ shell be made within 48 hours. d. When-amaxirnumcontaminantlevelofanincrgeniCororganicchemicalisexcaededfora single sample the owner shall report same within 7 days. e..When the average value of samples co lected pursuant to Subsection 4.08 exceeds the maximum contaminant level of any organic or inorganic chemical the owner shell report same within 48 hours. f. When the maximum contaminant level for radionuclides has been exceeded as deter- mined by Table 4.4, the results shell be reported within 48 hours. g. The waterworks owner shall report to the al~oropheto Regional Office within 48 hours the failL ~ comply with the monitoring requirements of these Regulations. 5-4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of August, 1986. No. 28293. A RESOLUTION expressing the City of l~anoke's desire to par- ticipate in the Spring Hollow Regional Water Supply ~acility, upon certain terms and conditions. WHEREAS, the City of Roanoke has been asked to express its intentions with regard to development of the Spring Hollow Regional %Jater Supply Facility. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council hereby endorses the concept of developing a regional 18 ~'~D safe yield raw water withdrawal and storage facility at Spring Hollow and hereby expresses its intent to participate in the development of said project as set forth in report of the Water Resources Committee to this Council dated August 11, 1986, subject this Council of the terms jurisdictional agreement to final negotiation and approval by and conditions of a proposed l~lti- for said project. BE IT FURTHER R~SOLVED that the City Clerk is directed to forward a copy of this resolution to Allen H. Brittle, Chairman, Roanoke County Board of Supervisors, and the Honorable James E. Taliaferro, Mayor of the City of Salem. ATTEST: ~~ City Clerk GITY OF SALE~I, VIRGI~'IA October 14, 1986 Mr. W. Robert Herbert Roanoke City Manager Municipal Building - Room 364 215 Church Avenue Roanoke, Virginia 24011 Dear Bob: This letter is written regarding the recent water negotiations. Based on the assumption that a contract, satisfactory to all parties, is reached, the City of Salem will treat Roanoke City's raw water from the west county impoundment under the existing agreement between the two cities. It is understood, however, that capacity for such treatment must exist at the time and, if capacity is not available, then Roanoke must pay the capital cost to add the capacity under whatever State and/or Federal rules and regulations exist at that time. Sincerely, ' . '-7 illiam(-3; Pa~ton, ~. City Manager WJP/fsc cc: Members of Council J. Wesley Graham Or, ce o~rhe Ci~ C~er~ September 28, 1988 Fi le #102 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29312, authorizing you to enter into a contract ~ith Hayes, Seay, ~attern & Mattern, to provide bridge inspection services, which Ordinance No. 29312 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: ltayes, Seay, Mattern & Mattern, 1315 Franklin Road, S. W., Roanoke, Virginia 24016 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles Mo Huffine, City Engineer Ms. Sarah E. Kitton, Construction Cost Technician Room 456 Municipal [~uildincj 215 C]~urch Avenue SW Rc'anoke V'rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 26th day of September, 1988. No. 29312. AN ORDINANCE authorizing the City Manager to enter into a contract with Hayes, Seay, Mattern & Mattern, to provide bridge inspection services; and providing for an emergency. BE IT ORDAINED 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 Hayes, Seay, Mattern & Mattern, for the provision by such firm of bridge inspection services, as more particularly set forth in the September 26, 1988, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall be in an amount not to exceed $32,030.00 without further authorization of this ouncll. C ' 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of municipal ordinance the government, an emergency is deemed to exist, and this shall be in full force an effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: 1988 Bridge Inspection Program Roanoke, Virginia September 26, 1988 II. Background A. 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" struc- tures, must be included in the bi-annual inspection program. B. City of Roanoke has sixty-four (64) structures requiring Supplementary Bridge Inspection Reports this year. Forty-one (41) structures (40 bridges and 1 tunnel) are inspected annually while twenty-three (23) structures are inspected bi- annually. C. ~ity of Roanoke plans to inspect three (3) municipal parking structures for structural integrity. Current situation is that Engineering Services Qualification Proposals for the necessary technical inspections and reports were publicly advertised and received from: * Mattern & Craig * Hayes, Seay, Mattern & Mattern, Inc. A. 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 performing bridge inspections 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 Bo Co Interviews were held with both firms as they were both deemed qualified. Staff team included Charles M. Huffine, City Engineer; Robert K. Bengtson, Traffic Engineer; and John A. Peters, P.E., Civil Engineer II. Negotiations were conducted with that engineering firm felt to be most qualified (Hayes, Seay, Mattern & Mattern,Inc.) for the necessary technical inspections and reports. D. Scope of work to be performed includes: Field investigations of each of the sixty-four (64) structures to include whenever pertinent roadway approaches, waterway, piers and abutments, bearings, stringers, beams, girders, decks, expansion joints, curbs, sidewalks, bridge railing, culverts, and signing. 2o Preparation of all sketches and/or photographs to ade- quately describe deficiencies and problem areas noted in inspection reports. Performance of all measurements and calculations necessary to conduct and determine load ratings and safe load limits. Final inspection documents completed in accordance with the Federal, State, and City criteria regarding the bridge inspection program. Federal and State Hi~hwa~ agencies have recently stressed the need for in-depth inspections related to two particular aspects of bridge inspection, as a result of catastrophic bridge failures in other states in recent years. They indi- cate that: Underwater brid~e inspections require more car~ to detect possible erosion of support in waterways beneath bridge structures. Many of the City's bridges being inspected are above waterways, the majority of which have structural supports underwater. 2o "Fracture critical" bridges category requires special attention and more in-depth bridge inspection. The City has seven (7) such bridges in this year's inspection program (Franklin Road over Railway, Franklin Road over Roanoke River, Read Road, 1st Street over Railway, 5th Street over Railway, 9th Street, S.E. over Roanoke River and Walnut Avenue over Roanoke River). These bridges have structural steel members whose fracture or failure would result in catastrophic collapse. Page 3 III. Cost reimbursement fee for engineering services is based upon actual manhours used to physically review each component of the sixty-four (64) individual structures. Hayes, Seay, Mattern & Mattern, Inc. in following this billing procedure, offers a reasonable manhour pay rate and an acceptable cost ceiling. (See Attachments IIa and IIb). Last year's actual average cost per bridge inspection was $303.03. This year's estimated average cost per bridge inspection (63 bridges not including tunnel) is $334.92 (an increase of ~31.89 per bridge, or a 10.5% increase). While this is a significant increase, the higher figure can be attributed to the need for HSMM to address new Federal Highway requirements. The $1~000.00 cost for tunnel inspection is significantly higher than the ~334.92 average due to the size of this structure that accompanies this inspection. The ~9~930.00 cost for inspecting the three (3) parking structures is attributable to the size and complexity of the individual structures. Bridge Ratings: The Federal Highway Administration has enacted new regulations on Bridge Ratings. However, VDOT has not provided definitive guidance on whether the City must comply. While HSMM quoted ~3~065.00 for this service, staff elected to remove the bridge ratings from this contract. 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 funding. IV. Alternatives for providing the necessary work are: Award an engineering services reimbursement with a cost ceilin~ contract to Hayes, Seay, Mattern & Mattern, Inc. in an amount not to exceed $32~030.00. 1. Inclusion of proper work scope has been reviewed and verified. 2. Ability to meet time schedule has been demonstrated and firm is ready to begin immediately. Page 4 Reasonableness of fee has been established through "cost ceiling". Hayes, Seay, Mattern & Mattern, Inc. has set a cost ceiling in their proposal of $32,030.00. Availability of fundin~ exists in the Engineering Department's "Fees for Professional Services" Account for the bridge inspection ($21,100.00). The Airport Commission has funds in a "Fees for Professional Services" Account for the Airport Road Tunnel ($1,000.00), and the Parking Garage "Fees for Professional Services" Account ($9,930.00). Do not award an engineering services reimbursement with m cost ceilin~ contract to Hayes, Seay, Mattern & Mattern, Inc. in an amount not to exceed $32~030.00. 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. Availability of funding remain in the Engineering Department's "Fees for Professional Services" Account No. 001-052-4310-2010, Airport Commission's "Fees for Professional Services" Account No. 004-056-4401-2010, and Parking Garage's "Fees for Professional Services" Account No. 001-056-8140-2010. V. Recommendation is that the City: mo Award an engineering services reimbursement with a cost ceiling contract in a form approved by the City Attorney to Hayes, Seay, Mattern & Mattern, Inc. in an amount not to exceed $32~030.00. Fundin~ is available for the contract from the Engineering Department's "Fees for Professional Services" Account No. 001-052-4310-2010, the Airport Commission's "Fees for Professional Services" Account No. 004-056-4401-2010, and the Parking Garage's "Fees for Professional Services" Account No. 001-056-8140-2010. Respectfully submitted, W. Robert Herbert City Manager WRH/JAP/mm Page 5 Attachments cc: Director of Finance City Attorney Director of Public Works Director of Utilities and Operations City Engineer Construction Cost Technician Office of *he City Cle~ September 28, 1988 File #67 Faggart Landscaping, Inc. 6509 Harmony Lane, S. W. Roanoke, Virginia 24018 Ladies and Gentlemen: Meadors Garden Center, Inc. 736 Loyal Street Danville, Virginia 24541 I am enclosing copy of Ordinance No. 29315, accepting the bid of Laurel Creek Nursery, Ltd., for landscaping in Williamson Road Gateway Park, in the total amount of $8,210.00, which Ordinance No. 29315 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On behalf of the Members of City Council, appreciation for submitting your bid landscaping project. I would like to express on the abovedescribed SHE:fa Enc. Sincerely, Sandra It. Eakin Deputy City Clerk Room 456 Municipa~ Building 215 C}~urch Avenue SW Rc'~noke V~rcpnia 24011 (703) 981-254~t O~ce of "~e C[t,/C~e~ September 28, 1988 File #67 Laurel Creek Nursery, Ltd. P. O. Box 10291 Blacksburg, Virginia 24062 Ladies and Gentlemen: ! am enclosing copy of Ordinance No. 29315, accepting your bid for landscaping in Williamson Road Gateway Park, in the total amount of $8,210.00, which Ordinance No. 29315 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, SHE:fa Enc. pc: Sandra H. Eakin Deputy City Clerk Mr. W. Robert Herbert, City Manager Afr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services ,~r. Jimmie ~. Layman, Manager, Parks and Recreation Mr. Dinesh Tiwari, Parks Planner Mr. William Fo Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. John R. Marlles, Chief of Community lanning ~4s. Marie T. Pontius, Grants Monitoring Administrator and Roon~ 456 Munici~x~l Building 2~5 Church Avenue SW Roanoke ~v~rg~nfa 24~11 (703) 98!-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29315. VIRGINIA, AN ORDINANCE accepting the bid of Laurel Creek Nursery, 'Ltd., made to the City for landscaping in Williamson Road Gateway Park; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Laurel Creek Nursery, Ltd., made to the City, for landscaping in Williamson'Road Gateway Park, meeting all of the City's specifications and requirements therefor, for the total bid price of $8,210.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this ordinance. 3. Any and all other bids made to the City for the aforesaid equipment are hereby REJECTED, notify each such bidder and to for such bid. and the City Clerk is directed to express to each the City's appreciation 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. C~ce of ~he C~ty Clerk September 28, 1988 File #67 Virginia-Carolina Lawn Sprinkler Company 609 l(een Street, Suite 209 Danville, Virginia 24540 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29314, accepting the bid of Sunburst Irrigation, Inc., for installing an irrigation system for Williamson Road Gateway Park, in the total amount of $4,850.00, which Ordinance No. 29314 was adopted by the Council of the City of Roanoke at a regular meeting hela on Monday, September 26, 1988. On behalf of the Members of City Council, appreciation for submitting your bid on gation project. [ would like to express the abovedescribed irri- Sincerely, SHE:fa Enco Sandra H. Eakin Deputy City Clerk Room 456 Municil:)al Building 215 C'~urch Avenue 5W Rpar,,ok,~ ~.4~g~nio 24011 (703) 981-2541 Office of September 28, 1988 File #67 Sunburst Irrigation, Inc. P. O. Box 12706 Roanoke, Virginia 24027 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29314, accepting your bid for installing an irrigation system for Williamson Road Gateway Park, in the total amount of $4,850.00, which Ordinance No. 29314 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, SHE:ra Enc. pc: Sandra H. Eakin ~ Deputy City Clerk Mr. W. Robert Herbert, City-Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel ,~. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Jimmie ~. Layman, ~anager, Parks and Recreation Mr. Dinesh Tiwari, Parks Planner Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. John R. i{arlles, Chief of Community Planning Ms. Marie T. Pontius, Grants ~onitoring Administrator and 456 Munici~:x~l Building 215 Church Avenue SW Roonoke 'v~rg~nia 2401t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29314. VIRGINIA, AN ORDINANCE accepting the bid of Sunburst Irrigation, mc. made to the City for installing an irrigation system for Williamson Road Gateway Park; rejecting all other bids made to the City; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Sunburst Irrigation, Inc. made to the City, offering to install an irrigation system for Williamson Road Gateway Park, meeting all of the City's specifications and requirements there- for, for the total bid price of $4,850.00, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incor- porating into said order the City's specifications, the terms of said bidder's proposal and t~ie terms and provisions of this ordinance. 3. Any and all other bids made to the City for the aforesaid equipment 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. C_~ce of ~e C!~y CJerk September 28, 1988 File #67 Russell Short, Inc. Route I, 3ox 90 Vinton, Virginia 24179 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29313, accepting your bid for grading in connection with development of Williamson Road Gateway Park, in the total amount of $15,500.00, which Ordinance No. 29313 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, Sandra ii. Eakin Deputy City Clerk SHE:fa pc: Mr. W. Robert Herbert, City ~ianager Mr. Wilburn C. Dibling, Jr., City Attorney ~r. Joel M. Schlan~er, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Jimmie ~. Layman, Manager, Parks and Recreation Mr. Dinesh Tiwari, Parks Planner Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. John R. Marlles, Chief of Community Planning Ms. Marie T. Pontius, Grants Monitoring Administrator and Room 4.56 Municipal Building 21.5 Church Avenue 5W Rc~ar, o~e '/~g~nia 24011 (703) 981-254! IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29313. VIRGINIA, AN ORDINANCE accepting the bid of Russell Short, Inc., for grading in connection with development of Williamson Road Gateway Park, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; and providing fo~ an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Russell Short, Inc., made to the City in the total amount of $15,500.00 for grading in connection with development of Williamson Road Gateway Park, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED~ 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the.City's specifications made therefor, said contract to 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. 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. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Williamson Road Gateway Park Grading, Bid Number 88-8-1 Irrigation, Bid Number 88-8-2 Landscaping, Bid Number 88-8-3 Roanoke, Virginia September 26, 1988 I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager wP, a/nBv/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Manager, General Services City Engineer Manager, Department of Parks and Recreation/Grounds Maintenance Chief, Community Planning Administrator, Grants Compliance Parks Planner Roanoke, Virginia September 26, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Williamson Road Gateway Park Grading, Bid Number 88-8-1 Irrigation, Bid Number 88-8-2 Landscaping, Bid Number 88-8-3 II. I. BACKGROUND: City Council, on May 2, 1988, rejected two (2) lump sum bids for the subject project. The lump sum bids were received on March 28, 1988. The low lump sum bid amount exceeded the project budget. ~ity Administration re-evaluated and modified the subject project by revising the scope and rebidding the three (3) work items separately. CURRENT SITUATION: A. Sealed base bids were received in the Office of General Services on August 23, 1988 and were publicly opened and read at 2:00 p.m. Tabulation of bid items received is attached. Evaluation of the bids received was accomplished by the undersigned committee. C. .~ummary of the evaluation is as follows: ~rading, Bid Number 88-8-1: Only base bid to complete the grading work in the amount of ~15~500.00 within a construction time of 30 con- secutive calendar days, was submitted by Rust'ell Short, Inc. of Roanoke, Virginia. Irri~ation~ Bid Number 88-8-7: Lowest base bid to complete the irrigation work in the amount of ~4~850.00 within a construction time of 10 consecutive calendar days, was submitted by Sunbur~ Irrigation, Inc. of Roanoke, Virginia. Page 2 III. I$SOg$: Landscaping, Bid Number 88-8-3: Lowest base bid to complete the landscaping work in the amount of ~8~210.00 within a construction time of 30 consecutive calendar days, was submitted by Laurel-~reek Nursery, Ltd. of Blacksburg, Virginia. A. Amount of low base bids. B. Compliance of bidders with requirements of the contract docu- ments. C. Funding. D. Timing. IV. ALTERNATIVES: A. Accept the following base bids: · Gradin~ from Russell Short, Inc. in the amount of $15,500.00 with construction time of 30 consecutive calendar days. · Irrigation from Sunburst Irrigation, Inc. in the amount of ~4,850.00 with construction time of 10 consecutive calendar days. -- · Landscaping from Laurel Creek Nursery, Ltd. in the amount of ~8~210.00 with construction time of 30 consecutive calendar days. Amount of the only base bid for grading and the lowest base bids for irrigation and landscaping is acceptable. Total amount of the three (3) base bid items, ~28~560.00, is actually ~10,190.00 lower than the lowest lump sum bid that City Council received on March 28, 1988 as indicated: ~revious Bids Current Bids pifference Grading $21,000.00 $15,500.00 $ 5,500.00 Irrigation 6,000.00 4,850.00 1,150.00 Landscaping 11,750.00 8,210.00 3~540.00 TOTAL $10,190.00 Page 3 Compliance of the recommended bidders with requirements of the contract documents has been verified. Funding is available in the amount of ~30~000.00 from the following accounts: Deanwood-Williamson Road Gateway - City (035-086 8630 5143) · Deanwood-Williamson Road Gateway - City (035-087-8730-5143) ........... $25,000.00 5,000.00 TOTAL $30,000.00 Timing for the completion of the project would be early Spring 1989. B. Reject all bids received. Amount of the base bids would not be an issue at this time. However, future bids could be higher. Compliance of bidders with requirements of the contract documents would not be an issue. Funding would remain available in the amount of ~30,000.00. However, results of future bidding may require additional funds. 4. Timin~ of project completion would be delayed. R~COMM~NDATION: City Council concur with the implementation of Alternative "A" and accept the three (3) base bids as outlined, and reject all other bids. B. Authorize the City Administration to take the following action: 1. Prepare necessary purchase orders. 2. Issue written Notices to Proceed. Page 4 Respectfully submitted, Bid Committee: William F. Clark WFC/LBV/mm Attachment: cc: D. Darwin Roupe Bid Tabulation City Manager City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works Manager, General Services City Engineer Manager, Department of Parks and Recreation/Grounds Maintenance Chief, Community Planning Administrator, Grants Compliance Parks Planner 0 0 September 26, 1988 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of August, 1988. JMS/kp GENERAL FUND CONTINGENCY BALANCE AS OF AUGUST 31, 1988 General Contingency: Balance July 1, 1988 Economic Development Economic Development Economic Development Social Services Health Department Advertising Advertising Trinkle Property Option Local Match Equipment 412,097 1,700) 4,667) 3,000) 16,344) 4~495) $ 381,891 Maintenance of Fixed Assets Contingency: Balance July 1, 1988 200,000 Equipment Replacement Contingency: Balance July 1, 1988 600~000 Total Contingency Balance 1 CITY OF ROANOKE GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits Fees and Licenses Fines and Forfeitures Revenue Fr~m Use of Money & Property Education Grants-in-Aid Co~monwealt h Grants-in-Aid Federal Goverrm~nt CharGes for Current Services Non-Revenue Receipts Internal Services Year ~ Da~ fer t~e Peried Cun~t Fiscal Jul] l-lug. 31 Jul] l-lug. 31 l~c~ ~e~]~ m 1987-88 1988-89 of Cba)xIe ~.s'timmtms 909,403 $ 961,706 5.75% 2,053,435 2,619,955 27.59% 74,973 99,302 32.45% 83,207 99,727 19.85% 183,262 60,319 (67.09%) 3,605,877 3,881,313 7.64% 1,266,411 1,790,640 41.39% 58,959 100.00% 261,687 393,419 50.34% ( 5,070) ( 5,851) (15.40%) 260,738 133,251 (48.89%) Percent o~ Reven~e ~te Received 40,962,775 2.35% 32,867,964 7.97% 428,500 23.17% 497,000 20.07% 1,200,500 5.02% 30,498,833 12.73% 21,748,001 8.23% 27,000 2.18% 1,754,800 22.42% 603,856 1,494,300 8.92% Total $ 8.693.923 $ 10,092,740 16.09% $132,083,529 7.64% CI~"/ OF ROIh~OKE, VIRGINIA GENERAL 1~ STAT~T OF EXPEl/DIe'ORES ~ ENCN3~P~CES Year to Da~e f~ the Period July 1-Aug. 31 Jul! 1-Aug. 31 Per~ 1987-88 1988-89 of Cur~nt Fiscal Year Senerel Gov~t $ 1,113,397 $ 1,586,598 42.50% $ 6,179,035 Judicial Ad~nis%ration 345,587 505,742 46.34% 2,293,337 Public Safety 3,216,532 4,459,784 38.65% 19,138,163 Public Works 3,737,574 5,097,456 36.38% 12,633,517 Health andWelfare 1,390,667 2,029,499 45.94% 9,154,572 Parks, Recreation & Cultural 627,777 752,645 19.89% 2,389,774 Cc~munity Development 151,154 257,343 70.25% 809,043 Education 4,992,705 4,818,943 (3.48%) 52,460,443 Debt Service 3,233,178 3,208,452 (7.64%) 5,303,962 Non-Dei~artmentel 329,657 313,246 (4.98%) 2,440,286 $ 7,765,633 20.43% 2,799,079 18.07% 23,597,947 18.90% 17,730,973 28.75% 11,184,071 18.15% 3,142,419 23.95% 1,066,386 24.13% 57,279,386 8.41% 8,512,414 37.69% 2,753,532 11.38% Total $ 19,138,228 $ 23,029,708 20.33% $112,802,132 ~135r831t840 16.95% CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES AND UNENCUMBERED APPROPRIATIONS SU~4ARY AS OF AUGUST 31, 1988 General ~overument $13,016,881 Education 3,883,717 5,610,040 Recreation 2,114,161 Mass Transit Facilities 1,510,708 Streets and Bridges 9,005,294 1,187,342 Sanitation Projects 10,731,321 Traffic Eng. & Cc~munication 1,387,872 Other Infrastructure Projects 1,133,046 Capital Improv~ent Reserve 2,969,073 200,000 5,205,660 $12,203,042 Total Capital Projects Fund $45,752,073 $13,016,881 $12,217,183 $ 799,698 9,493,757 3,386,409 6,107,348 2,114,161 1,945,638 168,523 1,510,708 1,510,707 1 10,192,636 7,939,220 2,253,416 10,731,321 8,646,389 2,084,932 1,387,872 721,307 666,565 1,333,046 926,740 406,306 8,174,733 8,174,733 $57.955.115 $37,293,593 $20.661.522 0utsta~{,~ Balance $ 506,033 $ 293,665 225,899 5,881,449 140,547 27,976 1 1,015,638 1,237,778 1,422,927 662,005 93,546 573,019 134,304 272,002 8,174,7~% $3,538,894 $17,122,628 CItY OF ROANOKE WATER FUND COMPARATIVE INCOME STJ%~EMENT FOR THE 2 MONTHS ENDED AUGUST 31, 1988 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Bad Debt Collections Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1988 $ 182,768 257,072 19,414 11,853 226,340 102r390 799¢837 146,138 204,854 98,620 27¢594 477¢206 322,631 111r779 210r852 27,593 925 282 964 29r764 240,616 3r044 3r044 $ 237r572 1987 176,471 254,093 18,206 7,360 181,379 61r098 698¢607 109,033 143,676 55,771 12~890 321~370 377,237 102~327 274~910 21,044 1,275 173 1¢371 23r863 298,773 4t611 4r611 294¢162 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Water - New Service, Hyd., Lines Water - Unidentified Plant Replacement Water - Fire Hydrants FY86 Project Design Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 100,040 47,401 6,069 12t103 165,613 12~103 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDED AUGUST 31, 1988 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income (Loss) Before Depreciation Less: Depreciation Operating (Loss) Income Add: Non-Operating Income Interest on Investments Miscellaneous Bad Debt Collections Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income (Loss) 1988 $ 683,110 88,484 34,666 116,521 6,909 17,479 3~266 950~435 224,710 796f730 1,021,440 71,005) 151~281 222,286) 38,138 2,485 917 41t540 ( 180,746) 17~115 17,115 ~l 197~861) 1987 671,962 109,853 39,940 247,792 8,919 31,154 1,787 168,701 781{776 950~477 160,930 149~107 11{823 49,425 2,580 1,244 53~249 65,072 20~206 20{206 44,866 7 SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect S.T.P. Flood Relief Williamson Road West Sewer Project FY86 Projects Design Mud Lick Sewer - Land Purchase S.T.P. Land Acquisition Williamson Road East Sewer Ph. I, Cont. II Blue Hills Dr. Ext. @ RCIT Fine Mesh Screens Williamson Road Storm Drain Ph. 2, Cont. IIA Norwood Sanitary Sewer Replacement Williamson Road Storm Drain Ph. 2, Cont. IIB Chip Drive, NE @ RCIT Year to Date Expenditures $ 609,930 45,900 22,074 795,747 15,801 379,898 23,643 41,705 255,436 111,997 84,508 4~875 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures 2,391,514 1~912~797 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. ROANOK~ REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDED AUGUST 31, 1988 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and Oil Sales Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Income Before Non-Operating Expense Less: Non-Operating Expense Interest Expense Total Non-operating Expense Net Income (Loss) 1988 $ 71,300 25,959 35,892 5,925 3,642 259,771 9,341 21~544 433~374 94,059 250~270 344~329 89,045 88~512 533 14~281 14~281 14,814 17~694 17~694 ~) 1987 72,457 27,428 36,301 6,436 3,598 261,131 2,127 8~482 417~960 64,125 221~847 285~972 131,988 96~705 35~283 45~785 45~785 81,068 18~363 18~363 62r705 ROANOKE REGIONAL AIRPORT COMMISSION COMMISSION Capital Outlay Not Included in Operating Expenses: Project Paint Hangars AIP #01 Terminal Building Additions/Alterations Noise Protection and Soundproofing Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 35,800 269,712 8,225,965 50~262 8,581,739 6~968~085 $ 1~613~654 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 10 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDED ]%UGUST 31, 1988 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Net (Loss) 1988 $ 49,927 5,320 9,226 640 5,312 24,077 94,502 97,517 97,883 71,913 10,717 985 279~015 184,513) 53~822 238,335) 9,056 681 9r737 228f598) 1987 $ 42,978 7,311 23,108 540 17,053 18,189 109~179 69,876 67,169 104,799 13,360 4~159 259~363 150,184) 48~206 198,390) 9,987 828 10t815 187,575) 11 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Steps on Terrace and Handicap Ramp Total Project Expenditure Less Prior Year Expenditure Total Current Year Expenditures Year to Date Expenditures $ 11,745 233~916 245,661 15~726 ~229f935 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 12 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 2 MONTHS ENDED AUGUST 31, 1988 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net (Loss) 1988 $1~088,246 1~088~246 678,799 368~857 1,047,656 40,590 49~005 ( 8,415) 8~399 8~399 16) 1987 859,447 859~447 513,881 315~223 829~104 30,343 74~018 43,675) 12~595 12,595 31f080) 13 INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project CIS - Other Equipment ULS - Furniture and Equipment ULS - Land Purchase Year to Date Expenditures $ 60,102 546 155 Total 14 CITY OF ROANOKE, VIRGINIA CITY TREASOREB'B OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR MONTH ENDED AUGUST 31, 1988 TO THE OIRECTOR OF FINANCE: GENERAL STATENENT OF ACCOUNTABILITY OF THE CITY TREABURER OF THE CITY FOR THE FUND5 OF SAID CITY THE ~ONTH ENDED AUGUST 91, 1988, OF ROANOKE~ VIRGINIA FUND BALANCE AT RECEIPTS JULY B1, 1988 GENERAL $10,858,37599 $8,D08,998 BT CAPITAL $I9,140,591.~1 $892,771.09 DEBT SERVICE $408,629.36 $B,304,449D5 WATER SB,BO7,059.17 $D02,32898 SEWAGE TREATMEMT $3,841,159.49 $587,898§6 AIRPORT $1,426,118.33 $1,643,158 38 CIVIC CENTER $796,639.53 $69,510.57 INTERNAL SERVICE $588,860~D6 $815,16§.37 PAYROLL ($B,711,583.195 $5,240,266.79 PUBLIC ASSISTANCE ($889,379.885 $901,615.16 FIFTH OIBT CONBORTIUH ($89,T89.885 $12&,lVT.95 GRANT PROGRAMS ($TGO,378.56) $76T,30880 DISBURSEMENTB $10,519,§87.09 $745 576.47 $2,89D 829.81 $529 1§I.82 $973 112.0§ $1,682 65622 $163 392.61 S518 708.16 $5,734,693.23 $315,6§7.43 $253,8D9.82 $389,76399 BALANCE AT BALANCE AT AUGUST 31, 1988 AUGUST 31, 1987 $8,335,781.57 $2,098,830.71 $18,687,726.27 $18,150,500.96 $416,249.10 $388,198.09 $B,280,836.93 $1,862,002.5§ $2,805,34594 $4,248,813.66 $1,386,608.49 $5,18D,007.96 $642,7D7.49 $707,48D.64 $990,817.77 $869,896.78 ($3,206,009.635 ($SGO,159.DB) ($303,482.105 $34,86448 ($1D7,401.755 $100,498.42 ($388,83D.355 ($241,588.905 TOTAL $34,903,790.96 $20,703,0D1.81 $24,110,988.04 $31,495,8D4.73 $32,775,7D0.76 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IBA TRUE STATENENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENOING AUGUST 31, 1988 THAT 5AIO fOREGOING: CERTIFICATE5 UNITEO STATE5 CASH OF DEPOSITB SECURITIES CASH IN HAND CASH IN DOMINION BANk INVESTMENTB ACQUIRED FROM COMPETITIVE PROPOSALB: OONINION BANK COLONIAL AMERICAN NATIONAL BANk SOVRAN BANk CQESTAR BANK BIGNET BANK CENTRAL FIDELITY COREAST SAVING5 BANk TOTALS $461,954.37 $461,954.37 $633,900.36 $633,900.36 $6,400,000.00 $6,400,000 00 $6,000,000.00 $6,000,000.00 $3,000,000.00 $3~000,000.00 $6,000,000.00 $5,000,000.00 $5,000,000.00 $7,000,000.D0 $7,000,000.00 TOTALS $1,09D,854.73 s81,000,D00.00 $9,400,000.00 $31,49D,BD4.73 DATE: SEPTEMBER ROANOKE CITY TREASURER CITY OF RO~kNOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 2 MONT~S ENDED AUGUST 31, 1988 REVENUE City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1988 $ 449,047 16,545 69,446 38~979 $ 574~01~7 1987 552,203 35,483 303,968 41~338 EXPENSES Pension Payments Commissions Active Service Death Benefit Expense from Bond Premium Amortization Insurance Expense Administrative Expense Total Expenses Net Income (Loss) Year to Date $ 827,329 46,220 393) 873~156 299~139) $ 675,803 181 44,833 942 735 722~494 210~498 16 CITY OF ROANOKE PENSION PLAN BALANCE SNRRT AS OF AUGUST 31, 1988 ASSETS Cash Investments: (market value - 1988 $88,182,216 and 1987 $90,872,181) Prepaid Expenses Total Assets 1988 1987 $ 709 $ 427 86,326,114 ~86~326f823 79,719,518 4~238 ~79f724~183 LIABILITIES AND FUND BALANCE Fund Balance, July 1 Net Income (Loss) Year to Date Fund Balance Total Liabilities and Fund Balance $86,625,962 { 299,139) 86~326~823 $86,326r823 $79,513,685 210r498 79~724~183 $79~724{183 17 Office of the City Cler~ September 28, 1988 File #91 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia ,/r o Dear Hr. Dibling: Your report with rejard to consolidation procedures, was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: Mr. W. Robert Herbert, City Manager 456 Municipol Building 215 Church Avenue SW Roanoke ~,4rg~nia 24011 (703) 981-2541 WILBURN C. DIBUNG, JR. CITY ATTORNEy CITY OF ROANOKE OFFICE OF THE CITY ATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 703-981-2431 September 26, 1988 WILLIAM X PARSONS WILUAM M. HACKWORTH MARK A. WILLIAMS KATHERINE HOWE JONES ASSISTANT C~TY ATTORNEYS The Honorable Mayor and Members, Roanoke City Council Roanoke, Virginia Re: Consolidation - Procedures and timing Dear Mrs. Bowles and Gentlemen: I have been requested to prepare this Council report addressing the legal procedures to be followed in effecting a consolidation of local governments and the time frame involved in bringing about con- solidation. I have also been requested to address the legality of a recent meeting between the Roanoke County Board of Supervisors and the Town Council of Vinton. I am pleased to address these issues in this opinion. CONSOLIDATION PROCEDURES Various types of governmental consolidation are governed by Articles i through 5 of Chapter 26, Consolidation of Governmental Units, of Title 15.1 of the Code of Virginia. Article I has application to consolida- tion of two or more counties; Article 2 has reference to consolidation of two or more towns; and Article 3 has application to consolidation of two or more cities. Articles 4 and 5 have particular reference to poten- tial governmental reorganization in the Roanoke Valley. Article 4 provides "...any one or more counties or cities having a common boundary, or any county and all incorporated towns located entirely therein, may consolidate into a single county or city." (Em- phasis added.) See $15.1-1130.1, Code of Virginia (1950), as amended. For example, in 'the Roanoke Valley, Article 4 would permit the conso- lidation of all four governmental units into one city or county. Article 4 would also permit the consolidation of Roanoke County and the City of Roanoke into one unit of government which might be a county or a city. If the Town of Vinton were not a party to any con- solidation agreement resulting in a consolidated city or a consoli- dated county, it would continue as a township or town, respectively. Article 5 provides "...any county containing within its boundaries two cities of the first class may be divided into two or more areas or parts and such areas or parts consolidated with two or more existing cities, or with an existing city or cities and an existing town in Honorable Mayor and Members, Roanoke City Council September 26, 1988 Page 2 such county; any such town to thereafter become a city of the first class." (Emphasis added.) For example, in the Roanoke Valley, under Article 5, Roanoke County could be divided into two parts which would be consolidated with the Cities of Roanoke and Salem resulting in three units of government which would be the consolidated Cities of Roanoke, Salem and a new City of Vinton. Article § would also permit Roanoke County to be divided into three parts which would be consoli- dated with the Cities of Roanoke and Salem and the Town of Vinton resulting in the consolidated Cities of Roanoke, Salem and Vinton. There is one important difference between consolidation under Article 4 and consolidation under Article 5. Consolidation under Article 4 may begin by citiz~tPetition. Section 15.1-1132 provides that, by petition signed by less than fifteen percent of the resi- dents of a county, city or town registered to vote, the qualified voters may ask their governing body to effect a consolidation agree- ment with the counties, cities and towns named in the petition and to petition the judge for a referendum on the question. Ail of the signatures on the petition must have been obtained within twelve months. If no agreement has been reached within one year, the court then appoints a committee of five persons to act for and in lieu of the governing body in perfecting a consolidation agreement and peti- tioning for a referendum. Se.__e_e $15.1-1132. Article 5 consolidation (which would permit the division of Roa- n°kc County into two or more parts) may not begin by citizen petition. In an Opinion to the Honorable J. Granger Macfarlane, Member, Senate of Virginia, dated May 29, 1984, the Attorney General pointed out that Article 5 does not contain language providing for a petition of voters and creation of consolidation advisory committees. See Report of the Attorney General (1983-1984) at 101. Of course noth~-6~ pro- hibits the governing bodies of the Roanoke Valley from voluntarily negotiating and submitting to the Voters a consolidation agreement which would divide Roanoke County into two or more parts. The current petition drive could lead to the consolidation of the City of Roanoke and Roanoke County under Article 4 by the foi- l°wing procedural steps: 1. Petitions requesting a consolidation agree- ment are presented to the governing bodies of the City and the County. Petitions shall be signed by not less than fifteen percent of the qualified voters of the locality regis- tered to vote as of January 1 of the year in which the petition is filed, and all of the signatures shall have been made within twelve months. Se___~e $15.1-1132. The Honorable Mayor and Members of City Council September 26, 1988 Page 3 2. Petitions are also filed with the Circuit Court for the City of Roanoke and the Circuit Court for Roanoke County. ~ee $15.1-1132. 3. The governing bodies then have one year to effect a consolidation agreement. See $15.1- 15.1-1132. Each governing body may appoint an advisory committee composed of three per- sons to assist it in the preparation of such agreement. Se__~e $15.1-1131. 4. If no consolidation agreement is perfected within one year, the circuit court appoints a committee of five representative citizens to act for and in lieu of the governing body in perfecting a conso- lidation agreement and in petitioning for a refer- endum. ~ee $15.1-1132. 5. Once a consolidation agreement is perfected, it is filed with one of the circuit courts along with a petition requesting that a referendum be held. ~ee $15.1-1131. Be 10. If a consolidation under Article 4 proposes a con- solidated city, a special court shall be convened by the Supreme Court to determine the eligibility of the proposed consolidated city for city status. 8e___~e $15.1-1130.2. The consolidation agreement must be published in a newspaper of general circulation once a week for four consecutive weeks. ~ee $15.1-1137. The circuit court enters an order requiring a referendum which shall be held on the same day in each locality proposing to consolidate. See $15.1-1138. ~ A referendum is then held pursuant to ~15.1-1139. A majority of the qualified Voters of each locality voting on the consolidation question must approve the consolidation agreement. See $15.1-1140. For a consolidated city, the General Assembly must approve a charter. The Honorable Mayor and Members of City Council September 26, 1988 Page 4 11. New officers must be elected for the consolidated city. 12. Consolidation shall be effective upon the day set out in the consolidation agreement and in accordance with such agreement Se___~e $15.1-1140. . I would caution that the above is obviously an oversimplication of a rather lengthy and complicated process. Should any member of Council have specific questions as to this process, I will be pleased to review the State Code to provide an answer. TIMING I have also been requested to comment on the time frame which might be involved in a successful consolidation effort. In this re- gard, it is possible to estimate only in the broadest terms because of many factors beyond the control of the City and its officers, such as length of time consumed in obtaining the required petitions, will- ingness of parties to negotiate, unanticipated complications in nego- tiations, etc. As noted, the initial unknown is the length of time required to obtain the required petitions. Since all petitions must be obtained within twelve months, a statutory maximum time limit is established. Se__~e §15.1-1132. Perhaps, it would be possible to obtain the required petitions and file them with the governing bodies within six months. Upon the filing of the required petitions, the governing bodies have one year to effect a consolidation agreement. The one year period commences to run upon the date of filing of such petitions with the circuit courts. See §15.1-1132. In my opinion, it would not be unreasonable to cons--~e one year in perfecting an agreement. Of course, if the governing bodies are unable to perfect a con- solidation agreement within one year, then the circuit courts appoint consolidation committees to act for and in lieu of the governing bodies. See §15.1-1132. No time limit is established by the Code for completio~--6f a consolidation agreement by court-appointed committees although the courts would seem to possess inherent authority to impose a deadline. In any case, I would hope that the appointment of commit- tees by the circuit courts would be unnecessary since the governing bodies lose their ability to shape the consolidated government by failing to reach agreement within one year. If a consolidation agreement proposes a consolidated city, then a special proceeding is required to determine eligibility of the new governmental entity for city status. Such proceeding involves adver- The Honorable Mayor and Members of City Council September 26, 1988 Page 5 rising and the appointment of a special three-judge court by the Supreme Court. See $$5.1-1130.2 and 15.1-1130.3. The proceeding culminates with ~n evidentiary hearing to determine whether the new governmental entity meets standards established by $15.1-1130.8 for city status. I would estimate that the city status proceeding could consume six months. Upon completion of the city status step, the consolidation agree- ment must be advertised once a week for four consecutive weeks, and the circuit court must thereafter issue an order requiring a referendum. This step could be anticipated to consume two months. With respect to scheduling of an election, $15.1-1138 provides, if the new governmental unit is to be a city, the special election shall be held not less that 180 days from the completion of the consolida- tion agreement nor more than 300 days from the city status order. Assuming that the foregoing events would consume 30 to 40 months, it would be my best estimate that a consolidation referendum could be held between April 1, 1991, and January 31, 1992. This estimate assumes a successful petition drive commencing October 1, 1988, and good faith negotiations of the governing bodies obviating the neces- sity for court-appointed consolidation committees. Thereafter, there would remain the necessity of obtaining a charter from the General Assembly (if the consolidated government is to be a city) and electing new officers. The length of time to accom- plish these last steps is necessarily dependent on when a successful referendum is achieved in relation to the next session of the General Assembly. Assuming that a charter would be granted by the 1992 or 1993 Sessions of the General Assembly, it is my best estimate that a consolidated city could become effective in 1993 or 1994. I would also call to your attention that the effective date of a proposed consolidation is a negotiable item. Nothing would prohibit the parties from agreeing to a date some time out in the future. If the consolidated government is a county, the date selected by the parties will prevail. If the consolidated unit of government is a city, the date would have to be agreed to by the General Assembly through grant of a charter. Se~e $15.1-1131(5). LEGALITY OF MEETING I have been advised that a private meeting between the Roanoke County Board of Supervisors and the Vinton Town Council occurred on The Honorable Mayor and Members of City Council September 28, 1988 Page 6 August 23, 1988. You have requested my opinion with respect to the legality of such meeting. Initially, I must call to your attention that I have no knowledge as to the facts and circumstances relating to the calling of this meet- ing, the procedures followed in convening the Executive Session or the subject matter or matters discussed in private. Given this factual vacuum, it is impossible for me to form any opinion as to the legality of this meeting. Moreover, I am of the opinion that it would be in- appropriate for me to comment on the actions of other local governments not directly involving the City of Roanoke. I trust that this report fully addresses Council's questions. Should there be additional questions, I will be pleased to address them. With kindest personal regards, I am WCDJr:fcf Sincerely yours, Wilburn C. Dibling, Jr. City Attorney cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk Off~ce of me CJW Clerk September 28, 1988 File #67-468B Campbell Construction & Developmeat Company, Inc. 4919B Colonial .4venue, S. W. Roanoke, Virginia 24018 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29317, accepting your bid for construction of a new Concession Stand and Pier at Carvins Cove in Botetourt County, in the total amount of $92,665.00, which Ordinance No. 29317 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. ,Sincerely, SHE:fa Mr. Mr. Mr. Mr. Mr. Mr. Ms. Ms. Sandra N. Eakin Deputy City Clerk W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Kit B. ~iser, Director of Utilities and Operations M. Craig Sluss, Manager, Water Department William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Construction Cost Technician Dolores C. Daniels, Citizens' Request for Service Room 456 Municipal Building 2t5 Church Avenue SW r~oanoke ~'~:g~nia 24011 (703) 981-2541 Or, ce of the City Cler~ September 28, 1988 File #67-468B Southwest Construction, Inc. t/a Boxley Construction Company P. 0. Box 8338 Roanoke, Virginia 24014 Breakell, [nc. P. O. Box 6414 Roanoke, Virginia 24017 Construction Services of Roanoke, 3812 Bunker Hill Drive, S. W. Roanoke, Virginia 2~018 Ladies and Gentlemen: Building Specialists, Inc. 215 South Market Street Salem, Virginia 24153 Acorn Construction Ltd. P. 0. Box 625 Troutville, Virginia 24175 I am enclosing copy of Ordinance No. 29317, accepting the bid of Campbell Construction and Development Company, Inc., for construction of a new Concession Stand and Pier at Carvins Cove in Botetourt County, in the total amount of $92,665.00, which Ordinance No. 29317 was adopted by the Council of the City of Roanoke at a regular meeting held on Mo, !ay, September 26, 1988. On behalf of the Members Of City Council, I would like to e.cpress appreciation for submitting your bid on the abovedescribed project. Sincerely, SHE:fa Enc. Sandra H. Eakin Deputy City Clerk Room456 MunJcipa~Builclincj 215 Church Avenue SW Roanoke ~,1r§~nia24C111 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29317. VIRGINIA, AN ORDINANCE accepting the bid of Campbell Construction and Development Company, Inc., for construction of a new Concession Stand and Pier at Carvins Cove in Botetourt County, 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 Campbell Construction and Development Company, Inc., made to the City in the total amount of $92,665.00, for construc- tion of a new Concession Stand and Pier at Carvins Cove in Botetourt County, 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 oC the municipal government, an emergency is deemed to exist, and this ordi- nance shall be ia full force aad effect upon its passage. ATTEST: City Clerk. the Cily Cl~k September 28, 1988 File #60-67-468B ~iro Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29316, amending and reor- daining certain sections of the 1988-89 Water Fund Appropriations, providing for the transfer of $25,000.00 from the Water Fund Retained Earnings ~ccount to the Carvins Cove Security/Concession Building Account, in connection with award of a contract to Campbell Construction and Development Company, Inc., for construction of a new concession stand and fishing pier at Carvins Cove, which Ordinance No. 29316 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, Sandra Ii. Eakin Deputy City Clerk SHE:fa Eno o pc; Mr. W. Robert Herbert, City Manager Mr. Kit ~. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director of Public Wor~s Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Citizens' Request for Service Room 456 Municipal Building 215 C~,urch Avenue SW Roanoke V~rg~nfo 24011 (703) 981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, The ~6th day of September, 1988. No. 29316. AN ORDINANCE to amend and reordain certain 1988-89 Water Fund Appropriations, and emergency. VIRGINIA, sections of the providing "for an 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 1988-89 ~ater Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay From Revenue Carvins Cove Security/Concession Retained Earnings $ 4,566,734 Replacement (1) .... 100,000 Retained Earnings 1) Appr. from Gen. Revenue 2) Retained Earnings - Unrestricted Unrestricted (2) ................ (002-056-8344-9003) $ 25,000 (002-3336) (25,000) $14,941,617 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Roanoke, Virginia September 26, 1988 Honorable Mayor an City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report - Replacement of Concession Stand and New Fishing Pier at Carvins Cove for City of Roanoke in Botetourt County, Virginia I concur with the recommendations of the attached Bid Committee Report. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Utilities and Operations Director of Public Works Citizens' Request for Service Manager, Water Department City Engineer Construction Cost Technician Roanoke, Virginia September 26, 1988 Honorable Mayor an City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report - Replacement of Concession Stand and New Fishing Pier at Carvins Cove for City of Roanoke in Botetourt County, Virginia I. Back~round: City Council, at its August 22, 1988 meeting, publicly opened and read aloud the bids received for a new Concession Stand and Fishing Pier at Carvins Cove for the City of Roanoke in Botetourt County. Bo Six (6) bids were received with Campbell Construction and Development Company, Inc. of Roanoke, Virginia submitting the low bid in the amount of $92~665.00 and 9--0 consecutive calen- dar days. C. Concession Stand and Pier at Carvins Cove consists of the following work: Concession Stand will include a public room and kitchen, storage area for the concessionaire and public toilets. In addition, there will be an office and boat storage garage for the security guards at the Cove. 2o New fishin~ pier is to be built as a part of this contract. This pier will be accessible to the handi- capped. II. Issues in order of importance are: A. Compliance of the low bid. B. Amount of the low bid. C. Fundin8 of the project. D. Time of completion. Page 2 III. Alternatives are: Award a lump sum contract to Campbell Construction and Development Company, Inc. in the amount of ~92,665.00 and 90 consecutive calendar days to construct a new Concession Stand and Pier at Carvins Cove in Botetourt County for the City of Roanoke in accordance with the Contract Documents as prepared by the Office of City Engineer. 1. Compliance of the bidders with the requirements of the Contract Documents was met. 2. Amount of the low bid is acceptable. 3. Fundin~ is available as follows: "Carvins Cove" Security/ Concession Bldg. Replacement Account No. 002-056-8344-9003 $75,000.00 Appropriation from Water Fund Retained Earnings to above account. $25~000.00 $100,000.00 4. Time of completion is quoted as 90 consecutive calendar days which is acceptable. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the low bid would probably change if rebid at a later date. 3. Fundin8 for the project would not be encumbered at this time. Time of completion of the project would be extended. ~'he concessionaire is now operating out of a trailer and the City needs to provide a permanent, secure area for the operation plus an office for the security officer with secure storage for his boat. Page 3 IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Authorize the City Manager to enter into a contractual agreement with Campbell Construction and Development Company, Inc. for the construction of Concession Stand and Pier at Carvin$ Cove in accordance with the Contract Documents as prepared by the Office of City Engineer in the amount of $92~665.00 and 90 consecutive calendar days. Co Approve the appropriation of $25~000.00 from the Water Fund Retained Earnings Account to the Carvins Cove Security/Concession Building Account No. 002-056-8344-9003 for a combined project amount of $100~000.00 to be encumbered as follows: Contract Amount Project Contingency $ 92,665.00 7~335.00 Total Project Amount $100,000.00 D. Reject all other bids received. Respectfully submitted, ~airman Kit B. Kiser RAG/LBC/mm Attachment: Tabulation of Bids cc: City Attorney Director of Finance Citizens' Request for Service Manager, Water Department City Engineer Construction Cost Technician William F. Clark o o o 0 0 0 0 0 0 o REVISED August 30, 1988 Fi le #67 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Ki ser ) Gent Iemen: The following bids for' construction of the concession stand and pier' at Carvins Cove, were opened and read before tile Council of the City of Roanoke at a regular meeting held on Monday, August 22, 1988: BIDDER Campbell Construction & Development Co., *Deduct Breakell, ~c. Constructi, ~ Services of Roanoke, Inc. Acorn Construction, Ltd. BoxIey Construction Company Building Specialists, Inc. Inc. BASE BID TOTAL $ 93,965.00 1,300.00 93,495.00 96,600.00 98,300.00 111,000.00 133,900.00 On motion, duly seconded and adopted, the bids were referr'ed you for tabulation, report and recommendation to Council. Sincerely, to Sand~a 1I. Eakin Deputy City Clerk SHE.,a pc: BreakelI, Inc., P. 0. Box 6414, Roanoke, Virginia ~ampbeII Construction & Development Company, ~ColoniaI Avenue, S. W., Roanoke, Virginia 24018 Construction Services of Roanoke, Inc., 3812 Drive, S. W., Roanoke, Virginia 24018 24017 Inc., 4919B Bunker Hill Room 456 Municipal Building 215 Church Av~u~ SW Roanoke V~rg~nia 240tt (703) 98t-2541 ~ro Robert A. Garland Mr'. William F. Clark Mr. Kit Bo Kiser Page 2 August 30, 1988 pc: Acorn Construction, Ltd., P. O. Box 625, Tr'outviIle, Virginia 24175 BoxIey Construction Company, P. O. Bo~ 8338, Roanoke, Virginia 24014 Building Specialists, [nc., 215 South ~arket Street, Saiem, Virginia 24153 ~4r. Wilburn C. DibIing, Jr., City Attorney C)~ce of fine Ciw Cle~ September 28, 1988 File #27 ~r. Stephen C. Rossi', President S. C. Rossi & Company, Inc. 1410 16th Street, S. E. Roanoke, Virginia 24014-2650 Dear Mr. Rossi: I am enclosing copy bf Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility - Phase II, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On behalf of appreciation project. the Members of City Council, for submitting your bid I would like to ex~ress on the abovedescribed SITE: ra Eno. Sincerely, Sandra H. Eakin Deputy City Clerk Roonn456 MunicJi:~lDuildlncj 215 C~urch Avenue SW Roanoke V~rg~nia24011 (703) 981-2541 September 28, 1988 File #27 Mr. Aaron J. Conner, President Aaron J. Conner General Contractor, P. O. Aox 6068 Roanoke, Virginia 24017 [nc o Dear Air. Conner: I am enclosing copy of Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility Phase II, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On behalf of the ~lembers of City Council, I would appreciation for submitting your bid on the project. like to e~press abovedescribed Sincerely, SHE:fa Eric. Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 G~urch Avenue, S.W. P, oanc~4e, Virginia 240t I (703) 981-254t Or,ce of'~e September 28, 1958 Fi le #27 Mr. E. C. Pace, President E. C. Pace Company, Inc. P. 0. Box 12685 Roanoke, Virginia 24027 Dear ~r. Pace: [ am enclosing copy ~f Ordinance No. 29319, accepting the bid of Prillaman & Pace, [nc., for construction of the Mudlick Creek Sanitary Sewer Facility - Phase [[, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September~ 26, 1988. On behalf of the ~qembers of City Council, I would like to e.cpress appreciation for submitting your bid on the abovedescribed project. Sincerely, SHE:fa Eric. · Deputy City Clerk Room 456 Mumcipal 3ui[dincj 215 C~urch Avenue S W Roanoke '~rg~nia 24011 (703) 951-2541 Office of the Ci~C:erk September 28, 1988 File #27 Mr. Robert Allen Vice President 0 & A Construction, Inc. P. 0. Box 573, Highway 19 Abingdon, Virginia 24210 Dear ,$fr. Allen: I am enclosing copy of Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility Phase 11, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On behalf of appreciation project. the llembers of City Council, for submitting your bid I would like to express on the abovedescribed Sincerely, SHE:ra Enc. Sandra H. Eakin Deputy City Clerk Room 456 Munici~l Building 215 C~u, ch Avenue SW Roanoke ¥]rg~nio 24CI1 t (703) 981-254t CY~,¢e of ~e City C~er~ September 28, 1988 File #27 ~Ir. Eugene Showalter Vice President F. L. Showalter, Inc. P. ©. Box 11525 Lynchburg, Virginia 24506 Dear Mr. Showalter: I am enclosing copy of Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility Phase I[, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On behalf of the Members of City Council, I would appreciation f?r submitting your bid on the project. like to e.~press abovedescribed Sincerely, SIfE: ra Enc. Sandra H. Eakin Deputy City Clerk Room 456 Municipal BuilOCng 215 C~urch Avenue SW R~nake v~,rg~nia 24~11 (703) 981-254t of,ne geptember 28, 1988 Fi le #27 Mr. Robert S. Jones, President R. S. Jones & Associates, Inc. 3838 Lee Highway Abingdon, Virginia 24210 Dear Mr. ,[ones: ! am enclosing copy of Ordinance No. 29319, acceptin~ the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility - Phase II, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on ,Monday, September 26, 1988. On behalf of appreciation project. the Members of City Council, I would like to express for submitting your bid on the abovedescribed SHE:fa Enc. Sincerely, Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue SW Roanoke 'v~r~nia 24011 (703) 981-2541 Offic~ of~e G~yCier~ September 28, 1988 Fi le #27 Mr. Arthur L. King, President A. L. King, Ltd. P. O. Box 503 No. 4 Plant Road Nitro, West Virginia 25143 Dear ~lr. King: I am enclosing copy of Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility Phase II, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On behalf of the Members of City Council, I would appreciation for submitting your bid on the project. like to express abovedescribed SHE:fa Enc. Sincerely, Sandra H. Eakin Deputy City Clerk Room 456 Munici~a~ Buildin~D 215 C~urch Avenue SW P~'x~no~e "~g~nia 240tl (703) 981-2541 September 28, 1988 File #27 Mr. David S. Taylor, President Taylor and Striegel, Inc. P. 0. Aox 9245 South Charleston, West Virginia Dear Mr. Taylor: 25309 I am enclosing copy of Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility Phase II, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on ~fonday, September 26, 1988. On behalf of appreciation project. the Members of City Council, I would for submitting your bid on the like to e.rpress abovedeseribed Sincerely, SHE:fa Eno. Sandra H. Eakin Deputy City Clerk Room 456 Municipal Building 215 Church Avenue SW Roanoke V~rg~nia 2401 t (703} 981-254t September 28, 1988 File #27 Mr. Philip V. Prillaman, President Prillaman & Pace, Inc. 830 Brookdale Road Martinsville, Virginia 24112 Dear 14r. Prillaman: I am enclosing copy of Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the Mudlick Creek Sanitary Sewer Facility Phase II, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra Enc. pc; Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel It. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Citizens' Request for Service Roon1456 /V~Jnicil:~lBuilding 215 Church Ave~ue, S.W. Roono~e, Vtrglnia24011 (703)981-2541 C~ceofrhe CiryCie,t~ September 28, 1988 Fi le #27 Mr. B. P. Knowles Secretary/Treasurer H. Hamner Gay & Company, Inc. P. 0. Box 11908 Lynchburg, Virginia 24506 Dear ~r. Knowles: I am enclosing copy of Ordinance No. 29319, accepting the bid of Prillaman & Pace, Inc., for construction of the ~udlick Creek Sanitary Sewer Facility Phase II, in the total amount of $498,797.00, which Ordinance No. 29319 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On behalf of appreciation project. the Members of City Council, I would for submitting your bid on the like to express abovede$cribed Sincerely, SHE:fa Enc. Sandra H. Eakin Deputy City Clerk F~om 456 Municipal Building 21'§ CJ~urch Avenue SW Roanoke V~rg~nia 2401t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The .26th day of September, 1988. No. 29319. VIRGINIA, AN ORDINANCE accepting the bid of Prillaman & Pace, Inc.' for construction of the Mudlick Creek Sanitary Sewer facility - Phase II, 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 Prillaman & Pace, Inc., made to the City in the total amount of $498,797.00, for construction the ~udlick Creek Sanitary Sewer facility - Phase II, 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 ~anager or the Assistant City ~anager 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. Off~:e of ~he Q~/ Qen~ September 28, 1988 File #60-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29318, amending and reor- daining certain sections of the 1988-89 Sewage Fund Appropriations, providing for the appropriation of $523,800.00 from the Sewer Fund's previous year's retained earnings account to a project account entitled Mud Lick Creek Sanitary Sewer Replacement - Phase II, in connection with award of a contract to Prillaman & Pace, Inc., for construction of Mud Lick Creek Sanitary Sewer Phase II, which Ordinance No. 29318 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. Sincerely, Sandra H. Eaicin Deputy City Clerk SHE:fa Dc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Ciser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Citizens' Request for Service Room 456 Munlclpol Building 215 Church Av~que, S.W. Roc3noke, ~4rglnla 24011 (703? 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. VIRGINIA, No. 29318. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Sewage 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 1988-89 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay from Revenue Mud Lick Creek Sanitary Sewer Repl. $ 4,693,33i - Ph. II (1) .... 523,800 Retained Earnings Retained Earnings Unrestricted (2) .................. 1) Appr. from General Revenue (003-056-8442-9003) $523,800 2) Retained Earnings Unrestricted (003-3336) 523,800 $12,634,389 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City clerk Roanoke, Virginia September 26, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Bids for Mud Lick Creek Sanitary Sewer - Phase II I concur with the recommendations of the attached Bid Committee Report Respectfully submitted, W. Robert Herbert City Manager WP.H/JAP/mm Attachment: Bid Committee Report HONORABLE MAYOR AND CITY COUNCIL ROANOKE, VIRGINIA Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR MUD LICK CREEK SANITARY SEWER - PHASE II I. Backsround mo Fiscal Year 1985-1986 Capital Improvement Prosram - approved by City Council, contained funding for various Capital Improvement and Maintenance projects using Sewer Funds. Mud Lick Creek Sanitary Sewer, from the Roanoke River Interceptor upstream to Grandin Road, S.W., was selected for funding under this program. Project was separated into two phases. Phase I began at the Roanoke River Interceptor and proceeded upstream to Lansing Drive, S.W. Phase I is now complete. Phase II starts at Lansing Drive, S.W. and proceeds upstream to Grandin Road, S.W. ~it~ Council reviewed, publicly opened and read ten (10) bids for the subject project on July 11, 1988, and referred the bids to a Bid Committee for review and report back to Council. Prillaman & Pace~ Inc., of Martinsville, Virginia, submitted the low bid in the amount of .~498~797.00. Availability of land - necessary easements have been obtained. II. Issues in order of importance are: A. Compliance of the bidder with the requirements of the contract docu- ments. B. Qualifications of contractor. C. Amount of the lowest responsible bid. D. Funds for construction. III. Alternatives are: mo Award a unit price contract to Prillaman & Pace, Inc., in the amount of $498~797.00 and establish a contingency for the project in the amount of $25,003.00 1. Compliance of the bidder with the requirements of the contract documents was met. Qualifications of the contractor have been checked and verified through past work in the City of Roanoke. Amount of the bid was acceptable and is 23.4% below the engineer's estimate. Bo 4. Funds for construction are available in the sewer fund's previous year's retained earnings account. Reject bid and do not construct project at this time. 1. Compliance of bidder with requirements of Contract Documents would not be an issue. 2. Qualifications of contractor would not be an issue. 3. Amount of bid would probably be higher if rebid at a later date. 4. Funds for construction will still be available in Sewer fund's previous year's retained earnings account. IV. Recommendation is that City Council take the following action: A. Authorize the establishment of project funding of $523,800.00 ($498,797.00 contract amount and $25,003.00 contingency) by: 1. Appropriating $523,800.00 from the sewer fund's previous year's retained earnings account to a project account entitled Mud Lick Creek Sanitary Sewer Replacement - Phase II as established by the Director of Finance. Bo Awarding a Unit Price Contract to Prillaman & Pace, Inc., in the amount of $498~797.00 in a form acceptable to the City Attorney. Rejecting all other bids received. Respectfully submitted, Robert A. Garland~Chairman CMH/fm Attachment: CC: Tabulation Bids City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations Citizens' Request for Service City Engineer Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works TABULATION OF BIDS MUDLICK CREEK SANITARY SEWER, PHASE II Bids opened before City Council July 11, 1988 CONTRACTOR BASE BID BID BOND REVIEWED Prillaman & Pace, Inc. O & A Construction R. S. Jones Assoc., Inc. A. L. King Ltd. H. Hamner Gay Aaron J. Conner Taylor & Striegel, Inc. E. C. Pace Company, Inc. S. C. Rossi F. L. Showalter, Inc. $498 797.00 571.028.80 589 585.00 603.630.O0 621 178.00 629 904.00 684450.00 719 902.00 726 084.00 744,649.00 Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Engineers Estimate for the Project Committee ......... $ 651,000.00 Robert A. Garland, Chairman William F. Clark, Director of Public Works Kit B. Kiser, Director Utilities and Operations July .15, 1988 File #27 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Committee Mr. Kit B. Kiser ) Gentlemen: The following bids for Mudlick .Creek Sanitary Sewer were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988: BIDDER BASE BID TOTAL Prillaman & Pace, Inc. O. & A. Construction, Inc. R. S. Jones & Associates, Inc. A. L. King, Ltd. H. Hamner Gay & Compa~y, Inc. Aaron J. Conner General Contractor, Taylor and Striegel, Inc. E. C. Pace Company, Inc. S. C. Rossi & Company, Inc. F. L. Showalter, Inc. Inc. $ 498,797.00 571,028.80 589,585.00 603,630.00 621,178.00 629,904.00 684,450.00 719,902.00 726,084.00 744,649.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw pc: Mr. Aaron Jo Conner, President, Aaron J. Conner General Contractor, Inc., P. O. Box 6068, Roanoke, Virginia 24017 Mr. E. C. Pace, President, E. C. Pace Company, Inc., P. O. Box 12685, Roanoke, Virginia 24027 456 Municipal Duildlng 2t5 (~nurch Avenue, S.W. Roanoi~, 'Virginia 24011 (703) 981-2541 Mr. Robert A. Garland, Mr. William F. Clark Mr. Kit B. Kiser Page 2 July 15, 1988 Chairman pc: Mr. Robert Allen, Vice President, 0 & A Construction, Inc., P. O. Box 573, Highway 19, Abingdon, Virginia 24210 Mr. Eugene Showalter, Vice President, F. L. Showalter, Inco, P. O. Box 11525, Lynchburg, Virginia 24506 Mr. Philip V. Prillaman, President, Prillaman & Pace, Inc. 830 Brookdale Road, Martinsville, Virginia 24112 Mr. B. P. Knowles, Secretary/Treasurer, H. Hamner Gay & Com- pany, Inc., P. 0. Box 11908, Lynchburg, Virginia 24506 Mr. Robert S. Jones, President, R. S. Jones & Associates, Inc., 3838 Lee Highway, Abingdon, Virginia 24210 Mr. Arthur L. King, President, A. L. King, Ltd., P. 0. Box 503, #4 Plant Road, Nitro, West Virginia 25143 Mr. David S. Taylor, President, Taylor and Striegel, Inc., P. O. Box 9245, South Charleston, West Virginia 25309 Mr. Stephen C. Rossi, President, S. C. Rossi & Company, 1410 16th Street, S. E., Roanoke, Virginia 24014-2650 Mr. Wilburn Co Dibling, Jr., City Attorney Inc. Office of the City ~Derk September 28, 1988 File #51 Mr. Cart L. Kinder, Jr. Attorney P. 0. Box 2795 Roanoke, Virginia 24001 Dear Mr. Kinder: I am enclosing copy of Ordinance No. 29276, rezoning a tract of land consisting of 0.53 acre, more or less, lying on the east side of Plantation Road, No E., identified as Official Tax Nos. 3121014 - 3121018, respectively, from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, which Ordinance No. 29276 was adopted by the Council of the City of Roanoke on first reading on Monday, September 12, 1988, also adopted by the Council on second reading on Monday, September 26, 1988, arid will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: Mr. Frank Lynch, ~omestead Construction Company, Route 1, Box 115, Wirtz, Virginia 24184 Mr. Calvin J. Prosser, 2205 Plantation Road, N. E. Roanoke, Virginia 24019 ' Mr. Jerry R. Dooley, 2208 Plantation Road, N. E. Roanoke, Virginia 24019 ' Mr. Samuel W. Penley, Route i 3ox 53A, Roanoke, Virginia 24090 Mr. Richard W. Poinde~ter, 2108 Larchwood Avenue, N. E. Roanoke, Virginia 24012 ' Mr. Russell D. Carter, p. 0. ~ox 12014 Roanoke, Virginia 24022 ' Room 456 Municipal Building 215 C~u~h Avenue, S.W. Roonc~e, Virginia 24011 (703) 98%2541 Mr. Cart L. Kinder, September 28, 1988 Page 2 Jr. pc: On Mr. Mr. Mr. Mr. Mr. Mr. Administrator Mr. John Commission Ms. Doris Layne, Target, Inc., 2203 Shenandoah Valley, Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, p. 0. Bo,~ 2569, Roanoke, Virginia 24010 ~r. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney 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 ROANOKE, The~26th day of September, 1988. No. 29276. VIRGINIA, AN ORDINANCE to amend 936.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from HM, Heavy Manufacturing District, to LM, Light subject to certain conditions proffered by WHEREAS, the City Planning Commission, Manufacturing District, the applicant; and which after giving proper notice to all concerned as required by 936.1-693, Code of the ~ty of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public heariug was held on said application by the City Council at its meeting on.September 12, 1988, 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 citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described propgrty should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 312 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as land consisting of 0.53 acres, more or less, located in the 2100 block of Plantation Road, designated on Sheet No. 312 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 3121014 through and including 3121018 be, and is hereby rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on July 26, 1988, and that Sheet No. 312 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission September 12, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members Council: Subject: Request from Leonard W. Weaver, represented by Cart L. Kinder, Jr., Attorney, that a tract of land lying an the east side of Plantation Road, identified as Official Tax Nos. 3121014 through 3121018, inclusive, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions. I. Background: Purpose of the rezoning is to permit the operation of a manufacturing facility, a wholesale office and warehouse for siding and guttering. B. Petition to rezone was filed on July 13, 1988. Ce Amended petition was filed on July 26, 1988. Conditions proffered by the petitioner are as follows: That the property will be developed in substantial compliance with the site plan prepared by Kinsey-Shane & Associates, Architects, 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 commenced within three years from the date of the final zoning approval, the zoning shall revert to HM-Heavy Manufacturing without further action by City Council. De Planning Commission public hearing was held on Wednesday, August 3, 1988. Mr. Cart Kinder, attorney, appeared before the Commission on behalf of the petitioner. Mr. Kinder stated that the petitioner was proffering the site plan and in response to a question from Mrs. Goode, noted there would be no outdoor storage. Mr. Russell Carter (Carter's Cabinet Room 355 Municipal Building 215 Church Avenue, S.W P,z~noke, Virginia 24011 (703) 981-2344. Shop) appeared before the Commission stating that although he was not opposed to the rezoning he was concerned about the existing drainage problem and the lack of visibility at the intersection of Plantation Road and Forest Hill Avenue. Mr. Waldvogel stated that the drainage issue would be addressed by staff during the site plan review process. Mr. Marlles stated that the proposed landscaping plan could be revised to improve visibility at the intersection. II. Issues: Zonin8 is presently HM, Heavy Manufacturing district. The proposed use (manufacturing facility, wholesale office, warehouse) is not permitted in the HM zone. Zoning to the north across Forest Hill Avenue is PM-l, Residential Multi- Family and LM, Light Manufacturing. Zoning to the west across Plantation Road (formerly Kimball Avenue) is LM. Zoning to the south and east is HM. Land use of parcels 3121014 - 3121018, inclusive, is undeveloped. Land use to the north across Forest Hill Avenue is residential. The property to the west across Plantation Road is vacant. Land use to the south and east is manufacturing. Storm drainage is an issue. The area of the proposed rezoning serves as a natural drainage basin for the surrounding area. Utilities are a factor which will be addressed at the development plan review stage. Traffic is not a concern. The proposed use will only generate approximately 56 vehicles per day. Ingress and egress will be provided from the proposed driveway off of Forest Hill Avenue. Plantation Road is recommended for widening in the 1975-1995 Transportation Plan for the Roanoke Valley. Although no funds have been scheduled for this project, the proposed parking spaces along Plantation Road would be affected if the proposed highway improvement plan is ever implemented. The petitioner is aware of the proposed highway project and has identified an area for future parking on the attached concept plan. Neighborhood is a mixture of residential, commercial and industrial uses. The proposed use would be consistent with the development pattern in the area. Comprehensive Plan recommends that industrial development should be encouraged on appropriate sites. III. Alternatives: A. City Council approve the rezoning request. 1. Zoning becomes LM. IN IN THE COUNCIL OF THE CITY OF ROANOKE, RE: '8~ - '~ VIRGINIA Rezoning of a tract of land lying on the East side of Plantation Road and being Lots 25 thorough 34, inclusive, Block Ten, Map of Laurel Terrace Court, Tax Numbers 3121014, 3121015, 3121016, 3121017 and 3121018, being in the 2100 Block of Plantation Road, from HM-Heavy Manufacturing to LM- Light Manufacturing, such rezoning to be subject to certain conditions. AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, LEONARD W. WEAVER, is the Owner, of land containing 0.53 acres, more or less, located in the 2100 Block of Plantation Road, Tax Numbers 3121014, 3121015, 3121016, 3121017 and 3121018. Said tract is currently zoned HM-Heavy Manufacturing. 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 HM-Heavy Manufacturing District to LM-Light Manufacturing District, subject to certain conditions set forth below, for the purpose of operating a wholesale office and warehouse for siding and guttering, with associated manufacturing of elbows and downspouts. 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 allow for the development of the property in a manner consistent with the existing uses now in the area. The Petitioner hereby proffers aKd 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 Kinsey-Shane & Associates, Architects, 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 commenced within 3 years from the date of final zoning approval, the zoning shall revert to HM-Heavy Manufacturing without further action by City Council. Attached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -2- 1988. Respectfully s~bmltted this ~4~-day of July, Respectfully submitted, Counsel ~ sd/D180 --3-- }~ o_z MAP DEPICTING AREA REQUESTED FOR REZONING - ~TRTm _ Official Tax Number TAX MAP 3121113 - TAX MA~ 3120612 - TAX MAP 3120701 - TAX MAP 3120702 - TAX MAP 3120703 - TAX MAP 3120704 - TAX MAP 3120705._ TAX MAP 3121001 - Owner's Name and Mailing Addre~.. Calvin j. Prosser 2205 Plantation Road, N.E. Roanoke VA 24019 Jerry R. Dooley 2208 Plantation Road Roanoke VA 24012 Samuel W. Penley Rt. 1, BOX 53A Fincastle VA 24090. Richard W. Poindexter 2108 Larchwood, N.E. Roanoke VA 24012 Richard W. Poindexter Richard W. Poindexter Richard W. Poindexter Russell D. Carter P- O. Box 2014 Roanoke VA 24022 (Continued - see attached sheet) Property To Se Rezoned TAX MAp 3121002 - TAX MAp 3121003 . TAX MAp 3121004 - TAX MAp 3~21019 - TAX MAp 3121112 - ~ Adjoining -- LJ l , . Russell D. Carter P- O. Box 2014 Roanoke VA 24022 Russell D. Carter Russell D. Carter Leonard W. Weaver 3030 Collingwood Street, N.E. ROanoke VA 24012 Oe Target, Inc. 2203 Shenandoah Valley Avenue, N,E. Roanoke VA 24012 CIT ROA x LOCATI * 17 3~ Office of the Ci~Clerk August 25, 1988 Fi le #51 Mr. Cart L. Kinder, Jr. Attorney P. 0. Box 2795 Roanoke, Virginia 24001 Dear Mr. Kinder: I am enclosing copy of a report of the City Planning Commission recorr~ending that the Council of the City of Roanoke grant the request of your client, Mr. Leonard W. Weaver, that a tract of land consisting of 0.53 acre, more or less, lying on the east side of Plantation Road, identified as Official Tax Nos. 3121014 3121018, respectively, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, subject to certain conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, September 12, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your infoumation, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may co~tact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Mary F. Parker, ChIC City Clerk MFP:ra Enco pC: Mr. Frank Lynch, Homestead Construction Company, Route 1, Box 115, Wirtz, Virginia 24184 Room 456 Municipal Building 215 C~urch Avenue, S.W: Roanoke, Virginia 24011 (703) 98t-2541 Mr. Cart L. Kinder, Page 2 August 25, 1988 Jro pc: Mr. Calvin J. Prosser, 2205 Plantation Ro~=, , ..... , .......... , Virginia 24019 Mr. Jerry R. Dooley, 2208 Plantation Road, N. E., Roanoke, Virginia 24019 Mr. Samuel W. PenIey, Route i, Box 53A, Roanoke, Virginia 24090 Mr. Richard W. Poindexter, 2108 Larchwood Avenue, N. E., Roanoke, Virginia 24012 Mr. Russell D. Carter, P. 0. Box 12014, Roanoke, Virginia 24022 On Target, [nc., 2203 Shenandoah Valley, Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. 8ox 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W° Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William Mo Hack'worth, Assistant City Attorney M~. Charles M. Huffine, City Engineer M~'. RonaId H. Miller, Building Coramissioner and Zoning Planning Administrator MP. John R. Commission Ms. Doris Layne, Marlles, Agent/Secretary, City Office of Real Estate Valuation NOTICE OF PUBLIC REARING 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, September 12, 1988, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, the following pro- perty: Land consisting of 0.53 acres, more or less, located in the 2100 block of Plantation Road, bearing Official Tax Nos. 3121014 through and including 3121018. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of August Mary F. Parker, City Clerk Please publish in full twice, once on Friday, August 26, 1988, and once on Friday, September 2, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Carr L. Kinder, Jr. Attorney P. O. Box 2795 Roanoke, Virginia 24001 Of,c~ of ~h~ Q~y July 26, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Corr~ission Roanoke, Virjinia Dear Mr. Waldvogel: 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 Carr L. Kinder, Jr., Attorney, representing Leonard W. Weaver, requesting that a tract of land containing 0.53 acres, more or less, located in the 2100 block of Plantation Road, N. E., being Lots 25 through 34, inclusive, Block 10, Map of Laurel Terrace Court, designated as Official Tax Nos. 3121014 3121018, respectively, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, sub- ject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, City Clerk MFP: ra Enc. pc: Mr. Cart L. Kinder, Jr., Attorney, p. O. Box 2795, Roanoke, Virjinia 24001 Mr. Frank Lynch, Homestead Construction Company, Route 1, Box 115, Wirtz, Virginia 24184 Mr. John R. Marlles, Agent/Secretary, City Planning Co~nission ' Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunicipalBuJldlng 2150~urchA¥~que, S.W. Roonoke, Virglnla24011 (703)g8t-254.1 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: '8~ Request from Leonard W. Weaver, represented by Cart L. Kinder,) Jr., Attorney, that a tract of land lying on the east side of ) Plantation Road, identified as Official Tax Nos. 3121014 )AFFI- through 3121018, inclusive, be rezoned from HM, Heavy )DAVIT Manufacturing District, to LM, Light Manufacturing District, ) such rezoning to be subject to certain conditions. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke 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 25th day of July, notices of a public hearing to be held on the 3rd day of August, 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 3121113 Calvin J. Prosser 2205 Plantation Road, NE Roanoke, VA 24019 3120612 Jerry R. Dooley 2208 Plantation Road, NE Roanoke, VA 24019 3120701 Samuel W. Penley Route 1, Box 53A Roanoke, VA 24090 3120702 3120703 3120704 3120705 Richard W. Poindexter 2108 Larchwood, NE Roanoke, VA 24012 3121001 3121002 3121003 3121004 Russell D. Carter P. O. Box 12014 Roanoke, VA 24022 3121112 On Target, Inc. 2203 Shenandoah Valley Roanoke, VA 24012 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of My Commission Expires: Roanoke, Virginia, this 25th day of July, 1988. ~/? Office of ~e City C~em July 14, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Corr~ission Roanoke, Virginia Dear Mr. Waldvogel: 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 Cart L. Kinder, Jr., Attorney, representing Leonard W. Weaver, requesting that a tract of land containing 0.53 acres, more or less, located in the 2100 block of Plantation Road, N. E., being Lots 25 through 34, inclusive, Block 10, Map of Laurel Terrace Court, designated as Official Tax Nos. 3121014, 3121015, 3121016, 3121017 and 3121018, be rezoned from HM, Heavy Manufacturing District, to LM, Light Manufacturing District, sub- ject to certain conditions proffered by the petitioner. Sincerely,~_~.. ~ ~' ~ Mary F. Parker, CMC City Clerk MFP:se EnCo pc: Mr; Cart L. Kinder, Jr., Attorney, P. O. Box 2795, Roanoke, Virginia 24001 Mr. Frank Lynch, Homestead Construction Company, Route 1, Box 115, Wirtz, Virginia 24184 Mr. John R. Marlles, Agent/Secretary, City Planning Co~ission Mr. Ronald Ho Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munlcll~al Building 215 O'~urd~ Av~'~ue, $.W. Roanol,,e, V1rg~nlo 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: Rezoning of a tract of land lying on the East side of Plantation Road and being Lots 25 thorough 34, inclusive, Block Ten, Map of Laurel Terrace Court, Tax Numbers 3121014, 3121015, 3121016, 3121017 and 3121018, being in the 2100 Block of Plantation Road, from HM-Heavy Manufacturing to LM- Light Manufacturing, such rezoning to be subject to certain conditions. VIRGINIA PETITION TO REZONE of land containing 0.53 acres, 2100 Block of Plantation Road, 3121016, 3121017 and 3121018. HM-Heavy Manufacturing. 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 HM-Heavy Manufacturing District to LM-Light Manufacturing District, subject to certain conditions set forth below, for the purpose of operating a wholesale office and warehouse for siding and guttering. 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 is the Owner, more or less, located in the Tax Numbers 3121014, 3121015, Said tract is currently zoned The Petitioner, LEONARD W. WEAVER, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: it will allow for the development of the property in a manner consistent with the existing uses now in the area. 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 Kinsey-Shane & Associates, Architects, 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 commenced within 3 years from the date of final zoning approval, the zoning shall revert to HM-Heavy Manufacturing without further action by City Council. 3. Necessary variance will be obtained from the Board of Zoning Appeals. Attached as Exhibit "C" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -2- Respectfully submitted this /~day of July, 1988. Leonard W. Weaver 3030 Collingwood Street, N.E. Roanoke VA 24012 Respectfully submitted, Of Counsel Carr L. Kinder, Jr. BIRD, KINDER & HUFFMAN P. O. Box 2795 Roanoke VA 24001 sd/D180 --3-- I ,12. o,'1o 5~ 120407 I Z. Oq09 ,LZ o_,~j Z ~ 3JZ IZ.O_ ? I 11 31Zo7o9 /al Z3 MAP DEPICTING AREA REQUESTED FOR REZONING - EXHIBIT ,,~. LI~IHXZ ~S f ! ! - --I i0'011 Official Tax Number TAX MAP 3121113 TAX MA~ 3120612 - TAX MAP 3120701 - TAX MAP 3120702 - TAX MAP 3120703 TAX MAP 3120704 TAX MAP 3120705.- TAX MAP 3121001 EXHIBIT "C" Owner's Name and Mailin9 Address Calvin J. Prosser 2205 Plantation Road, N.E. Roanoke VA 24019 Jerry R. Dooley 2208 Plantation Road Roanoke VA 24012 Samuel W. Penley Rt. 1, Box 53A Fincastle VA 24090 Richard W. Poindexter 2108 Larchwood, N.E. Roanoke VA 24012 Richard W. Poindexter Richard W. Poindexter Richard W. Poindexter Russell D. Carter P. O. Box 2014 Roanoke VA 24022 (Continued - see attached sheet) I IZ. O4OZ .,zo4oa. |Z.0406, Property To Be Rezoned .... "-" .... ' Adjoinino j?,: ~t~i.~5. Owners Official Tax Number TAX MAP 3121002 - TAX MAP 3121003 - TAX MAP 3121004 TAX MAP 3121019 TAX MAP 3121112 EXHIBIT "C" (Continued) Owner's Name and Mailin~ Address Russell D. Carter P. O. Box 2014 Roanoke VA 24022 Russell D. Carter Russell D. Carter Leonard W. Weaver 3030 Collingwood Street, N.E. Roanoke VA 24012 On Target, Inc. 2203 Shenandoah Valley Avenue, N,E. Roanoke VA 24012 Office c~ the City September 28, 1988 File #51 Mr. James F. Douthat Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Dear ~Ir. Oouthat: I am enclosing copy of Ordinance No. 29277, rezoning a tract of land containing 2.306 acres, more or less, located on the south- west corner of the intersection of U. S. Route 460 East (Oran~e Avenue) and Mecca Street, N. E., desi~aated as Official Tax No. 7070114, from LM, Light Manufacturing District, to C-2, General Co,~ercial District, which Ordinance No. 29277 was adopted by the Council of the City of ~oanoke on first reading on Monday, September 12, 1988, also adopted by the Council on secoad reading on Monday, September 26, 1988, and will take effect ten days following the date of its second reading. Sincerely, SHE:fa Enc. pc: Sandra H. Eakin Deputy City Clerk Ms. ~{ildred L. Peters, 2745 Orange Avenue, N. E. Roanoke, Virginia 24012 ' Trustees, East End Baptist Church, 1030 liecca Street, N. E., Roanoke, Virginia 24012 Leweke & Associates, c/o Cardinal ~icycle, 2901 Orange Avenue, N. E., Roanoke, Virginia 24012 ~r. & ~rs. Charles ~cGhee, 4127 Mockingbird Hill, N. E., Roanoke, Virginia 24012 ~r. & Mrs. Herman F. Reed, 2814 Orange Avenue, N. E., Roanoke, Virginia 24012 ~r. & Mrs. Wallace Reed, 2842 Orange Avenue, N. E., Roanoke, Virginia 24012 Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke. Virginia 240t I (703) 981-2541 Mr. James F. Douthat September 28, 1988 Page 2 pc~. Mr. Wayne G. Strickland, Executive Director, Fifih Planning District Commission, p. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert He~bert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, fII, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Co~ission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit ~. Kiser,~ Director of Utilities and Operations Mr. William M. Hackworth~ Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29277. VIRGINIA, AN ORDINANCE to amend 936.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 707, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from L~, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 936.1-893, 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 on said application by the City Council at its meeting on September 12, 1988, after due and timely notice thereof as required by 936.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citi- zens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. ~ THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 707 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a parcel in the City containing 2.306 acres, more or less, located at the intersection of Mecca Street and U. S. Route 460 East (Orange Avenue), designated on Sheet No. 707 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7070114 be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to those conditions prof- fered by and set forth in the petitioner's Petition to Rezone filed with the City Clerk on July 13, 1988, and in the amended Proffered Conditions filed with the City Clerk on August 9, 1988, and that Sheet No. 707 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke Ci~x Planning Commission September 12, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from N & W Associates, a Virginia general partnership, represented by James F. Douthat, Attorney, that a tract of land containing 2.306 acres located on the southwest corner of the intersection of U.S. Route 460 East (Orange Avenue) and Mecca Street, Official Tax No. 7070114, be rezoned from LM, Light Manufacturing District to C-2, General Comercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: me Purpose of the rezoning is to permit the construction of a restaurant. Be Original petition to rezone was filed on July 13, 1988. Proffered conditions are as follows: That the property will be developed in substantial compliance with the site plan prepared by T. P. Parker and Son Engineers and Surveyors, Ltd., dated July 8, 1988, a copy of which is attached to this Petition for Rezoning as "Exhibit B," subject to any changes required by the City during site plan review. me That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall revert to Light Manufacturing District LM. Petitioner's attorney met with representatives of the Wildwood Civic League and the East End Baptist Church on July 18, 1988. Neither the neighborhood organization or the Wildwood Civic League had any objection to the proposed rezoning or the restaurant use. At the request of the church, the petitioner agreed to proffer a chain-link fence at the top of the ridge along the southerly property line. Room 355 Municipal Building 2t5 Church Avenue, 5.W Roanoke, Virginia 24011 (703) 981-2344 II. De Planning Commission public hearing held on August 3, 1988. Mr. James F. Douthat, attorney, appeared before the Comission on behalf of the petitioner. Mr. Douthat advised the Commission that he had met with representatives of the church and the neighborhood association and that the applicant's were proffering a six foot chain-link fence along the southerly property line in response to a request by church officials. Mr. Roy Stroop, President of the Wildwood Civic League, appeared before the Comission and stated that the neighborhood organization was not opposed to the request. Amended petition to rezone as filed on August 9, 1988. Proffered conditions are as follows: me me Issues: A. That the property will be developed in substantial compliance with the site plan prepared by T. P. Parker & Son Engineers & Surveyors, Ltd., dated July 8, 1988, a copy of which is attached to this Petition for Rezoning as "Exhibit B," subject to any changes required by the City during site plan review. That a chain-link fence six feet in height will be constructed on the southerly boundary of the property adjacent to the property of the TRS East End Baptist Church designated as Roanoke City Tax No. 7070115. That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall refer to Light Manufacturing District LM. Zoning is presently LM. C-2 zoning occurs to the north and west along Orange Avenue (U.S. Route 460). Zoning to the east across Mecca Street is LM. Zoning to the south is RS-3. Land use of the site is currently a used mobile home sales operation. Land uses across Orange Avenue include a real estate sales office, automobile wholesales and cemetery. Land use to the west is single family residential. Land use to the east is commercial and the land use to the south is a church. Utilities are not an issue. Traffic is an issue. The City's Engineering Department has indicated a need for a righthand turning lane (200 foot lane, plus 200 foot taper) to accommodate eastbound traffic turning into the site. The proposed restaurant use will generate at least 500 vehicle trips per day. The requested turning lane, which would be located off-site, can be addressed during the site plan review stage. The future widening of Orange Avenue, which may require the relocation of eight to ten parking spaces along the site's northerly property line has also been discussed with the petitioner's attorney. Neighborhood along Orange Avenue has considerable commercial activity on nearby properties. Comprehensive plan recommends that the City's valuable industrial land be protected. The size and location of this property diminishes its value as industrial land. III. Alternative: .City Council approve the rezoning request. 1. Zoning becomes C-2, conditional extending adjacent C-2 2. Land use becomes commercial. 3. Utilities are available. Transportation and access could be accommodated if the requested turning lane is provided. Property for future widening would remain available. 5. Neighborhood impact would be minimal. 6. Comprehensive plan would be followed. B. City Council den~ the rezoning request. Zoning remains LM. Area remains available for industrial development. 2. Land use remains substantially undeveloped. 3. Utilities would not be affected. 4. Traffic is unaffected. 5. Comprehensive plan could still be followed. IV. Recommendation: By a vote of 5-0-i (Mr. Price absent, Mr. Waldvogel abstaining) the Planning Commission recommended approval of the rezoning request. C-2 zoning on the property is compatible with surrounding land uses. The size and location of the parcel diminishes its value for industrial development. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land containing 2.306 acres located on the southwest corner of the intersection of U.S. Route 460 East (Orange Avenue) and Mecca Street bearing tax number 7070114 from Light Manufacturing District LM to General Commercial District C-2, such rezoning to be subject to certain conditions. PROFFERED CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY OF ROANOKE: Your Petitioner, N & W Associates, hereby proffers and agrees that if the tract of land containing 2.306 acres, more or less, located at the intersection of Mecca Street and U.S. Route 460 East, (Orange Avenue) designated as Roanoke City Tax No. 7070114 is rezoned as requested by the Petition to Rezone filed herein that the rezoning will be subject to and the abide by the following conditions: petitioner will That the property will be developed in substantial compliance with the site plan prepared by T.P. Parker & Son Engineers & Surveyors, Ltd., dated July 8, 1988, a copy of which is attached to this Petition for Rezoning as 'Exhibit B,# subject to any changes required by the City during site plan review. That a chain-link fence six feet in height will be constructed on the southerly boundary of adjacent to the property of the TRS' East Church designated as Roanoke City Tax NO. the property End Baptist 7070115. e That if no building permit has been issued and no construction commenced within three (3) years from the date of final zoning approval, the zoning shall refer to Light Manufacturing District LM. - Respectfully submitted, N & W Associates By: Of Counsel James Fo Douthat, Esq. Woods, Rogers & Hazlegrove 105 Franklin Road, S.W. Roanoke, VA 24004-0720 703/982-4262 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land containing 2.306 acres located on the southwest corner of the intersection of U.S. Route 460 East (Orange Avenue) and Mecca Street bearing tax number 7070114 from Light Manufacturing District LM to General Commercial District C-2, such rezoning to be subject to certain conditions. PETITION TO REZONE TO T~E HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, N & W Associates, a Virginia general partnership, owns land in the City of Roanoke containing 2.306 acres, more or less, located at the intersection of Mecca Street and U.S. Route 460 East (Orange Avenue) designated as ROanoke City Tax Number 7070114. Your Petitioner has entered into a contract to sell said property to Libby Hill Seafood Restaurants, Inc., subject to its being rezoned to permit the use of the property as the site of a restaurant. A map of the property, which is currently zoned Light Manufacturing District LM, is attached hereto as "Exhibit A." Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, your Petitioner requests that the - 2 - property be rezoned from Light Manufacturing District LM to General Commercial District C-2, subject to certain conditions set forth below, for the purpose of constructing and operating a restaurant on the property. Your Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will cause the subject property to be zoned and used in a manner similar to adjacent property fronting on' U. S. Route 460 East. Your Petitioner hereby proffers and agrees that if said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: ~. That the property will be developed in substantial compliance with the site plan prepared by T. P. Parker & Son Engineers & Surveyors, Ltd., dated July 8, ~988, a copy of which is attached to this 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 commenced within three (3) years from the date of final zoning approval, the zoning shall revert to Light Manufacturing District LM. Attached as "Exhibit C" are the names, addresses and tax numbers of the owner or owners of all lots or property - 3 immediately adjacent to or immediately across a street or road from the property to be rezoned. ' WHEREFORE, your 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 13th day of July, 1988. Respectfully submitted, N & W ASSOCIATES By James F. Douthat WOODS, ROGERS & HAZLEGROVE 105 Franklin Road, S.W. P. O. Box 720 Roanoke, Virginia 24004-0720 (703) 982-4262 EXHIBIT A t_ i ! ADJOINING PROPERTY OWNERS LIST EXHIBIT C 9fficial Tax Number 7070113 7070115 7090405 7090401 7130104 7130105 7130106 Owner's Name and Mailing Address Mildred L. Peters 2745 Orange Avenue, N.E. Roanoke, VA 24012 TRS East End Baptist Church 1030 Mecca Street, N.E. Roanoke, VA 24012 Leweke and'Associates c/o Cardinal Bicycle 2901 Orange Avenue, N.E. Roanoke, VA 24012 Charles L. McGhee and Edna L. McGhee 4127 Mockingbird Hill, Roanoke, VA 24012 Herman F. Reed and Gladys p. Reed 2814 Orange Avenue, Roanoke, VA 24012 Herman F. Reed 2814 Orange Avenue, N.E. Roanoke, VA 24012 Wallace Arnold Reed and Jacqueline B. Reed 2842 Orange Avenue, N.E. Roanoke, VA 24012 ClT ROA LOCATION lmm Office of the City Cler~ ,. August 25, 1988 File #51 Yr. James F. Douthat Attorney P. 0. Box 720 Roanoke, Virginia 24004-0720 Dear, Mr. Douthat: I am enclosin9 copy of a report of the City Planning Cora'riissian recommending that the Council of the City of Roanoke 5rant the request of your client, N & W Associates, a Virginia general partnership, that a tract of land containing 2.306 acres, more or less, located on the southwest coruer of the intersection of U. S. Route 460 East (Orange Avenue) and Mecca Street, ,~. E., designated as Official Tax No. 7070114, be rezoned from f,M, Light Manufacturing District, to C-2, General Commercial Distr~ct, sub- ject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, September 12, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the ?'ezoning, which notice and Ordinance were prepared by tile City Attorney's Office. ~Iease review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, ssistant Cit~ Attorney, at 981-2431. Sinceref.,,.._,~ ~ff'lY' ~ Mary F. Parker, CMC City Clerk MFP:_ ra Room 456 Municipal Building 215 (~urch Avenue. S,W. RoanoNe, Vkg~nia 24011 (703) 981-2541 Mr. James F. Douthat Page 2 August 25, 1988 Agent/Secretary, City Estate Valuation Ms. Mildred L. Peter's, 2745 Orange Virginia 24012 Trustees East End Baptist Church, 1030 ~lecca Street, N. Roanoke, Virginia 24012 Leweke & Associates, c/o Cardinal Bicycle, 2901 Orange Avenue, N. E., Roanoke, Virginia' 24012 Mr. & Mrs. Charles McGhee, 4127 Mockingbird Hill, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Herman F. Reed, 2814 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Wallace Reed, 2842 Orange Avenue, N. E., Roanoke, Virginia 24012 Mt.. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 ~Ir. W. Robert Herbert, City glanager Mr. WiIburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of ReaI Estate VaIuation Mr. Michael M. WaIdvogeI, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals ~r. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Commission Ms. Doris Layne, Office of Real Planning NOTICE OF PUBLIC REARING TO WHOM IT NAy 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 Rearing on Monday, September 12, 1988, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following pro- perty: A parcel in the City containing 2.306 acres, more or less, located at the intersection of Mecca Street and U.S. Route 460 East (Orange Avenue) designated as Official Tax No. 7070114. ' This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this _24th day of Auqust ,.~.988 Mary F. Parker, City Clerk Please publish in full twice, once on Friday, August 26, 1988, and once on Friday, September 2, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. James F. Douthat Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 O~ce of ~e City Cler~ August 16, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: 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 James F. Douthat, Attorney, representing N & W Associates, a Virjinia general partnership, requesting that a tract of land containing 2.306 acres, more or less, located on the southwest corner of the intersection of U. S. Route 460 East (Orange Avenue) and ~ecca Street, N. E., designated as Official Tax No. 7070114, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain proffered conditions. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: Mr. ,Tames F. Douthat, Attorney, P. O. Box 720 Roanoke, Virginia 24004-0720 Mr. John R. ~arlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator ~r. William M. Hackworth, Assistant City Attorney Room456 MunJclpalBuildlng 215 Church Avenue, S.W. Roonoke, VJrg~nla24011 (703)981-254't 105 FRANKLIN ROAD, S.%q. P.O. l~OX 720 TELEX 3792815 TELECOPIER 703 98R-4216 TELEphONE 703 982-4R00 DIRECT E~IAL NUMBER 982-4262 August 8, '1988 Ms. Mary Parker, Clerk City Clerk's Office 215 Church Avenue, S. W. Roanoke, VA In re: Libby Hill Seafood Restaurants, Inc. Off. Tax No. 7070114 Dear Ms. Parker: I enclose for filing original and six copies of Proffered Conditions in regard to the above. If you have any questions, contact me at your convenience. JFD:sr Enc. Cc: Very truly yours, JAMES F. DOUTHAT William H. Hackworth, Esq. ~fl~e o~ ~e ~ ~et~ July 14, 1988 File #$1 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: 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 James F. Douthat, Attorney, representing N & W Associates, a Virginia general partnership, requesting that a tract of land containing 2.306 acres, more or less, located on the southwest corner of the intersection of U. S. Route 460 East (Orange Avenue) and Mecca Street, N. Eo, designated as Official Tax No. 7070114, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely,~.,~ ~' ~ Mary F. Parker, CMC City Clerk MFP:se EnCo pc: Mr. James F. Douthat, Attorney, P. O. Box 720, Roanoke, Virginia 24004-0720 Mr. John R. Marlles, Agent/Secretdry, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room456 MunlclpalBulldlng 2150~u~ch/ .~,S.W. Roanoke, Virg~hla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land containing 2.306 acres located on the southwest corner of the intersection of U.S. Route 460 East (Orange Avenue) and Mecca Street bearing tax number 7070114 from Light Manufacturing District LM to General Commercial District C-2, such rezoning to be subject to certain conditions. PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Your Petitioner, N & W Associates, a Virginia general partnership, owns land in the City of Roanoke containing 2.306 acres, more or less, located at the intersection of Mecca Street and U.S. Route 460 East (Orange Avenue) designated as Roanoke City Tax Number 7070114. Your Petitioner has entered into a contract to sell said property to Libby Hill Seafood Restaurants, Inc., subject to its being rezoned to permit the use of the property as the site of a restaurant. A map of the property, which is currently zoned Light Manufacturing District LM, is attached hereto as "Exhibit A." Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, your Petitioner requests that the - 2 - property be rezoned from Light Manufacturing District LM to General Commercial District C-2, subject to certain conditions set forth below, for the purpose of constructing and operating a restaurant on the property. Your Petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will cause the subject property to be zoned and used in a manner similar to adjacent property fronting on U. S. Route 460 East. Your Petitioner hereby proffers and agrees that if 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 T. P. Parker & Son Engineers & Surveyors, Ltd., dated July 8, 1988, a copy of which is attached to this 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 commenced within three (3) years from the date of final zoning approval, the zoning shall revert to Light Manufacturing District LM. Attached as "Exhibit C" are the names, addresses and tax numbers of the owner or owners of all lots or property - 3 - immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, your 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 13th day of July, 1988. Respectfully submitted, N & W ASSOCIATES James F. Douthat WOODS, ROGERS & HAZLEGROVE 105 Franklin Road, S.W. P. O. Box 720 Roanoke, Virginia 24004-0720 (703) 982-4262 EXHIBIT A ADJOINING PROPERTY OWNERS LIST EXHIBIT C Official Tax Number Owner's Name and Mailing Address 7070113 7070115 7090405 7090401 7130104 7130105 7130106 Mildred L. Peters 2745 Orange Avenue, Roanoke, VA 24012 TRS East End Baptist Church 1030 Mecca Street, N.E. Roanoke, VA 24012 Leweke and Associates c/o Cardinal Bicycle 2901 Orange Avenue, N.E. Roanoke, VA 24012 Charles L. McGhee and Edna L. McGhee 4127 Mockingbird Hill, N.E. Roanoke, VA 24012 Herman F. Reed and Gladys P. Reed 2814 Orange Avenue, Roanoke, VA 24012 Herman F. Reed 2814 Orange Avenue, Roanoke, VA 24012 Wallace Arnold Reed and Jacqueline B. Reed 2842 Orange Avenue, N.E. Roanoke, VA 24012 CONCEPTUAL PLAN BBY HILL SEAFOOD RESTAURANT SITUATE ORANGE AVENUE, ROANOKE, VA. SCALE: 1"=10' T. P.. pARKER & SON engineers & surveyors, ltd. TELEPHONE (703) 387-1153 P.O. BOX 39, SALEM, ViRGiNiA 24153 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: '8~ !~ ?~ ~ ' ~ Request from N & W Associates, a Virginia general partnership, ) represented by James F. Douthat, Attorney, that a tract of land) containing 2.306 acres located on the southwest corner of the ) intersection of U.S. Route 460 East (Orange Avenue) and Mecca )Affidavit Street, Official Tax No. 7070114, be rezoned from LM, Light ) Manufacturing District to C-2, General Commercial District, ) such rezoning to be subject to certain conditions proffered by ) the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke 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 25th day of July, notices of a public hearing to be held on the 3rd day of August, 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 7070113 Mildred L. Peters 7070115 Trustees East End Baptist Church 7090405 7090401 Leweke and Associates c/o Cardinal Bicycle Charles & Edna McGhee 7130104 7130105 7130106 Herman F. & Gladys P. Reed Wallace and Jacqueline Reed ADDRESS 2745 Orange Avenue, N.E. Roanoke, VA 24012 1030 Mecca Street, N.E. Roanoke, VA 24012 2901 Orange Avenue, N.E. Roanoke, VA 24012 4127 Mockingbird Hill, NE Roanoke, VA 24012 2814 Orange Avenue, N.E. Roanoke, VA 24012 2842 Orange Avenue, N.E. Roanoke, VA 24012 SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 25th day of July, 1988. My Commission Expires: Office o~ the City C~en~ September 28, 1988 File #514 Mr. John D. Copenhaver Attorney 421 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Copenhaver: I am enclosing copy of Ordinance No. 29278, permanently vacating, discontinuing and closing an alley 15 feet in width extending in an east/west direction from Sixteenth Street, N. W., for a distance of 404 feet, which Ordinance No. 29278 was adopted by the Council of the City of aoanoke on first reading on Monday, September 12, 1988, also adopted by the Council on second reading on 34onday, September 26, 1988, and will take effect ten days following the date of its second reading. Sincerely, SHE: ra Enc. Dc: Sandra bi. Eakin Deputy City Clerk Mr. W. Robert Herbert, City l{anager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. lIichael M. ~aldvogel, Chairman, City Planning Commission Mr, L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, 9irector of Utilities and Ope.ations ~ir. William M. ltac~o.th, Assistant City Atto.ney ~,{r. Charles M. quffine, City Engineer Mr. Ronald a. ~tiller, Building Corr~nissioner and Zoning Administrator Mr. John R. llarlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation ltr. Jerome S. Howard, Jr., Commissioner of Revenue Room 4.~6 Municil~l Building 215 (~urch A~nue, S.W. Roonoke, Vlrglnlo 24011 (703) 981-2541 Office c~ the City Clen~ September 28, 1988 File #514 M/ss Patsy Testerman Clerk of the Circuit Roanoke, Virginia Court Dear Miss Testerman: I am attaching copy of Ordinance No. 29275, for proper recor- dation in your office, which provides for the permanent vacating, discontinuing and closing of an alley 15 feet in width extending in an east/west direction from Sixteenth Street, N. W., for a distance of 404 feet, which Ordinance No. 29278 was adopted by the Council of the City of Roanoke on first reading on Monday, September 12, 1988, also adopted by the Council on second reading on Monday, September 26, 1988, and will take effect ten days following the date of its second reading. Sincerely, SHE:fa Enc. pc: Mr. John Roanoke, Sandra H. Eakin Deputy City Clerk D. Copenhaver, Attorney, 421 Shenandoah Building, Virginia 24011 Room456 MunicipalBuildlng 215ChurchA'~ue,$.W. Roanoke, Vlrglnia24011 (703)981-254t IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29278. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Harry A. Craighead and Wanda C. Craighead, husband and wife, Jesse W. Elmore, Allegheny West Conference Seventh-Day Adventists, an Ohio corporation, and Trustees, Local Union No. 491, Chartered by the United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, have filed an application to the Council of the City of Roanoke, Virginia, in accordance with the provisions of ~15.1-482(b), Code of Virginia (1950), as amended, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~15.1-482(b), Code of Virginia (1950), as amended, and after having conducted a pub- lic hearing on the matter, has made its recommendation to Council. City Council timely (1950), WHEREAS, a public hearing was held on said application by the on September 12, 1988, at 7:30 p.m., after due and notice thereof as required by ~15.1-482(b), Code of Virginia aS amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard cation; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of on said that no inconvenience will result public from permanently vacating, public right-of-way. the forego[ag, the Council considers to any individual or to the discontinuing and closing said THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in City of Roanoke, Virginia, and more particularly described as follows: Official Tax Nos. 2221605, 2221606, Orange Avenue, N. 2221612, 2221613, Melrose Avenue, N. applicants. An alley 15 feet in width extending in an East/West direction from Sixteenth Street, N. W., for a distance of 404 feet. This alley is located between parcels with 2221601, 2221602, 2221603, 2221604, 2221607 and 2221608, fronting on W. and Nos. 2221609, 2221610, 2221611, 2221614 and 2221615, fronting on W., all said parcels owned by the be, and it hereby is, permanently vacated, discontinued and that all right and interest of the public in and to appli- and closed, the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other publlc utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structures or any other encroachments on or over the which impede access for maintenance or replacement put- the time such work is undertaken; such easement or. to terminate upon the later abandonment of use or removal from the above-described public right-of-way easement poses at easements permanent of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of- way on all maps and plats on file in his office on which said right-of-way is shown, ces and resolutions of Virginia, wherein this referring to the book and page or ordinan- the Council of the City of Roanoke, ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of the applicants, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission September 12, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Harry A. and Wanda C. Craighead, Jesse W. Elmore, Melrose Avenue Seventh Day Adventist Church, U.S. Plumbers and Steamfitters Local Union 491, represented by Mr. John D. Copenhaver, attorney, that an alley running between Orange Avenue and Melrose Avenue, N.W., extending in an east/west direction from 16th Street, N.W., for a distance of 404 feet, be permanently vacated, discontinued and closed. I. Background: Alley as requested for closure extends between 16th and 17th Streets, N.W., of block 52, which is bounded on the north by Orange Avenue and on the south by Melrose Avenue, N.W. Alley is approximately 404 feet in length and 15 feet in width. Alley is open and developed, with a surface-treated base and appears to be in good condition. C. Adjacent property owners are identified as follows: (Map A) Harry A. and Wanda C. Craighead - Official tax nos. 2221601 through 2221606, 2221609 through 2221612 and 2221616. 2. Jesse W. Elmore - Official tax nos. 2221613 and 2221614. 3. TRS, Local Union No. 491 - Official tax no. 2221607. 4. Allegheny West Conference - Official tax no. 2221615. De Application has been submitted by counsel on behalf of all the adjacent property owners. Room 355 Municipal Building 215 Church Avenue, SW Roanoke. Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 II. Current Situation: Application was reviewed by the Planning Commission at its regular meeting of August 3, 1988. Abuttin~ and adjacent property owners are all in consenting agreement to permanently vacate and close the subject alley. Department of Refuse Collection currently uses this alley for garbage pick up. III. Issues: Neighborhood impact: Closure would have no adverse impact on the immediate neighborhood. Closure would provide additional security for abutting properties. Traffic impact: Closure would have no affect on traffic or traffic needs in the area. C. Utilities within the public ri~ht-of-way: City has a sewer line extending through the subject alley. Correspondence received by the staff indicates that there are no other utilities situated within the alley. Creation of a dead-end alley: Closure would not create a dead-end alley. E. City services: Existin~ sewer line through alley provides sanitary sewer service for all of the adjacent properties. If the alley is closed, a permanent easement must be retained for this sewer line. No permanent structures can thereafter be erected within or upon this easement. Department of Refuse Collection states that they have no objection to the alley's closure, but that adjacent property owners should be made aware of the fact that if the alley is closed, refuse collection will thereafter be made from the front of the adjacent streets. Land use: Application submitted on behalf of all of the abutting property owners states that the applicants "desire to use the property to be vacated by fencing portions for the present uses of the respective property owners." Application also states that gates will be erected at the eastern and western end of the alley to provide any necessary access for future city and utility services. In view of the fact that four (4) separate property owners are involved, it is recommended that the applicants' request for closure be effected pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950) as amended. Recommendation is made for the following reasons: Roanoke City Council Page 3 All abutting property owners are in agreement in their desire to vacate the subject alley. Vacation pursuant to 15.1-482(b) will establish fee simple title to the centerline of the vacated alley in the owners of abutting lots free and clear of any rights of the public or other owners of lots shown on the original plat. Location of the alley right-of-way should be defined by survey to ensure proper and equitable distribution of the vacated alley among the abutting property owners. Survey and subdivision of the vacated alley will establish the accurate location of new property lines and will enable the property owners to locate and position new fence lines in a proper manner. Survey and subdivision will ensure and define the City's easement for the existing sewer line. Relationship to the comprehensive p]mn: The request is consistent with the intent of the comprehensive plan that available land be utilized in the most appropriate manner. IV. Recommendation: The Planning Commission, by a vote of 6-0, recommends to City Council that the applicants' request to close the subject alley be approved, subject to the following conditions: That the application be amended to provide for vacation of the alley pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950), as amended. That the applicants agree to have prepared and submitted to the City, a plat of survey/subdivision for review, approval and recordation. That official closure of the alley be made subject to the recordation of the above subdivision plat. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of Harry A. Craighead ) and Wanda C. Craighead, husband and ) wife; Jesse W. Elmore; Melrose Avenue ) Seventh-Day Adventist Church, Rev. C. ) Robinson, Pastor; U.A. Plumbers & Steam- ) fitters Local Union 49i, F. D. Fitzgerald,) Business Manager, for vacation of alley ) AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOS- ING OF ALLEY MEMBERS OF COUNCIL: The undersigned property owners, by counsel, ask permission to amend the application, File #514, in one particular only, which is to proceed to permanently vacate, discontinue and close said alley, pursuant to Virginia Code Section 15.1-482(b~ 1950, as amended, and in all other respects, to affirm the applicants' statements and request. Respectfully submitted, HARRY A. CRAIGHEAD AND WANDA C. CRAIGHEAD, HUSBAND AND WIFE; JESSE W. ELMORE; MELROSE AVENUE SEVENTH-DAY ADVENTIST CHURCH, REV. C. ROBINSON, PASTOR; U.A. PLUMBERS AND STEAMFITTERS LOCAL UNION 491, F. D. FITZGERALD, BUSINESS MANAGER D. COPE~HAVER NHAVER, ELLETT, CORNELISON & WELD 421 Shenandoah Building Roanoke, VA 24011 Counsel for Applicants By Counsel IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of Harry A. Craighead ) and Wanda C. Craighead, husband and ) APPLICATION FOR VACATING, wife; Jesse W. Elmore; Melrose Avenue ) DISCONTINUING AND CLOS- Seventh-Day Adventist Church, Rev. C. ) ING OF ALLEY Robinson,-Pastor; U.A. Plumbers & Steam- ) fitters Local Union 491, F. D. Fitzgerald,) Business Manager, for vacation of alley ) MEMBERS OF COUNCIL: The undersigned property~owners, by counsel, apply to have the alley between Orange Avenue and Melrose Avenue, N. W., ex~ending in an East/West direction from Sixteenth Street, N. W. for a distance vacated, 15.1-364 amended. of 404 feet, in the City of Roanoke, Virginia, permanently discontinued and closed, pursuant to Virginia Code Section and Section 30-14, Code of the City of Roanoke (1979), as This alley is more particularly described as follows: An alley 15 feet in width extending in an East/West direction from Sixteenth Street, N. W., for a distance of 404 feet. This alley is located between parcels with Official Tax Numbers 2221601, 2221602, 2221603, 2221604, 2221605, 2221606, 2221607 and 2221608, fronting on Orange Avenue, N. W. and Numbers 2221609, 2221610, 2221611, 2221612, 2221613, 2221614 and 2221615, fronting on Melrose Avenue, N. W., all said parcels owned by the applicants. The applicants state that the grounds for their application are as follows: 1) The applicants are all the landowners whose parcels adjoin the property to be vacated and are in agreement with this be vacated is Application. 2) The property to alley. 3) The applicants by fencing portions for presently being used as an desire to use the property to be vacated the present uses of the respective owners. Gates will be erected at the eastern and western ends of the alley in order to provide access to City public service and public utilities' vehicles, if and when desired. WHEREFORE, the applicants respectfully request that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 (1950) and Section 30-14, Code of the City of Roanoke (1979), as amended. ~HN D. COPE~HAVEH 'C~PENHAVER, ELLETT, CORNELISON & WELD 421 Shenandoah Building Roanoke, VA 24011 Courts. el for Applicants Respectfully submitted, HARRY A. CRAIGHEAD AND WANDA C. CRAIGHEAD, HUSBAND AND WIFE; JESSE W. ELMORE; MELROSE AVENUE SEVENTH-DAY ADVENTIST CHURCH, REV. C. ROBINSON, PASTOR; U.A. PLUMBERS AND STEAMFITTERS LOCAL UNION 491, F. D. FITZGERALD, BUSINESS MANAGER By Counsel Map A \ LOCATION I:'1) CITY OF ROANOKE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, September 12, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, discontinue and close the following public right-of-way pursuant to the provisions of §15.1-482(b), Code of Virginia (1950), as amended: An alley 15 feet in width extending in an East/West direction from Sixteenth Street, N. W., for a distance of 404 feet. This alley is located between parcels with Official Tax Nos. 2221601, 2221602, 2221603, 2221604, 2221605, 2221606, 2221607 and 2221608, fronting on Orange Avenue, N. W. and Nos. 2221609, 2221610, 2221611, 2221612, 2221613, 2221614 and 2221615, fronting on Melrose Avenue, N. W., all said parcels owned by the applicants. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of August , 19 88 Mary F. Parker City Clerk Please publish in full twice, once on Friday, August 26, 1988, and once on Friday, September 2, 1988, in the Roanoke Times and World Mews, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. John D. Copenhaver Attorney 421 Shenandoah Building Roanoke, Virginia 24011 Office of the Council August 25, 1988 File #514 Mr. John D. Copenhaver Attorney 421 Shenandoah Building Roanoke, Virginia 24011 Dear Mr.. Copenhaver: I am enclosing copy of a report Of the City Planning Commission recommending that the Council of the City of Roanoke gr'ant the r'equest of your clients, Mr'. and Mrs. Harry A. Craighead, Mr. Jesse W. Elmore, Melrose Avenue Seventh Day Adventist Church, and the Uo S. Plumbers and Steamfitters Local Union 491, that an alley 15 feet in width extending in an east/west direction from Sixteenth Street, ~. W., for a distance of 404 feet, located bet- ween parcels described as Official Tax Nos. 222-1601 2221608, respectively, fronting on Orange Avenue and Official Tax Nos. 2221609 - 2221615, respectively, fr'onting on Melrose Avenue, N. W., be permanently vacated, discontinued and closed, subject to certain conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a r'egula~, meeting held on Monday, Api'il 6, 1981, a public bearing on the abovedescr, ibed ~'equest has been set for Monday, September 12, 1988, at 7:30 p.m., in the Council Chamber., fourth floor of the Municipal Building. For. your. i formation, I am also enclosing copy of a notice ~f the public hearing and an Ordinance providing fo~' the alley closil~g, which notice and Ordinance were prepared by the City Atto;.ney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackwortb, Assistant City Attorney, at 9,~I-2431. Sincerely, Mary F. Parker, C,~JC City Clerk MFP: r'a R°°en456 Municil:x~lBullding 215C~urchAve,nue. SWRoanoke,'vlrginla24011 (703) 981-254t .ilr'. John D. Copenhave~. Page 2 August 25, 1988 M'~.. W. Robert Herbex. t, City Manager M;~'. Wi lburn C. DibIing, J~'., City At to,'ney Mr'. Von W. Moody, Ill, Director of Real Estate Valuation ~4~". ~4ichael M. Waldvogel, Chairman, City Planning Commission M~'. L. Eiwood Norris, Chairman, ~3oard of Zoning Appeals ~4r. William F. Clark, Director'. of Public Works ,,~4r. Kit F3. Kiser, Director of Utilities and Operations Mr. William .~,i. Hackworth, Assistant City Atto~'ney M~'. Cha~ les ~. ~tuffine, City Engineer' ~,~r. RonaId ~i. MiIle~., BuiIdiny Commissioner and Zoning Administrator Mr. John R. Ma~'lles, Agent/Secretary, City Planning Commi ss ion Ms. Doris Layne, Office of Real Estate Valuation Mr. Jerome $. Howa~'d, Jr., Commissionei. of Revenue Office of the City Clerk August 3, 1988 File #514 .~r. Michael M. WaldvogeI Chairman City Planning Commission Roanoke, Virginia Dear '~r. WaIdvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an amended application from John D. Copenhaver, Attorney, repre- senting various property owners on Orange Avenue and lfeIrose Avenue, N. W., requesting that an alley 15 feet in width extending in an east/west direction from Sixteenth Street, N. W., for a distance of 404 feet, described as Official Tax Nos. 2221601 - 2221606, respectively, fronting on Orange Avenue and Official Tax Nos. 2221609 - 2221615, respectively, fronting on Melrose Avenue, be permanently vacated, discontinued and closed. Sincerely, ~ ~ary F. Parker', CMC City Clerk MFP: ra pc: Mr. John D. Copenhaver, Attorney, 421 Shenandoah Building, Roanoke, Virginia 24011 Mr. John R. Marlles, Agent/Secretary, City Planning Commission ~r. RonaId H. ~ilIer, Zoning Administrator Mr. William M. ~fackworth, Assistant City Attorney Room 456 Munici~l Building 215 C~urch Avenue, S.W. Roanc~e, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of Harry A. Craighead ) and Wanda C. Craighead, husband and ) wife; Jesse W. Elmore; Melrose Avenue ) Seventh-Day Adventist Church, Rev. C. ) Robinson, Pastor; U.A. Plumbers & Steam- ) fitters Local Union 491, F. D. Fitzgerald,) Business Manager, for vacation of alley ) AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOS- ING OF ALLEY MEMBERS OF COUNCIL: The undersigned property to amend the application, File #514, is to proceed to permanently vacate, alley, pursuant to Virginia Code Section and in all other respects, to affirm the and request. owners, by counsel, ask permission in one particular only, which discontinue and close said 15.1-482(b) 1950, as amended, applicants' statements Respectfully submitted, HARRY A. CRAIGHEAD AND WANDA C. CRAIGHEAD, HUSBAND AND WIFE; JESSE W. ELMORE; MELROSE AVENUE SEVENTH-DAY ADVENTIST CHURCH, REV. C. ROBINSON, PASTOR; U.A. PLUMBERS AND STEAMFITTERS LOCAL UNION 491, F. D. FITZGERALD, BUSINESS MANAGER D. COPE~HAVER NHAVER, ELLETT, CORNELISON & WELD 421 Shenandoah Building Roanoke, VA 24011 Counsel for Applicants By Counsel IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of Harry A. Craighead ) and Wanda C. Craighead, husband and ) wife; Jesse W. Elmore; Melrose Avenue ) Seventh-Day Adventist Church, Rev. C. ) Robinson, Pastor; U.A. Plumbers & Steam- ) fitters Local Union 491, F. D. Fitzgerald,) Business Manager, for vacation of alley ) AMENDED APPLICATION FOR VACATING, DISCONTINUING AND CLOS- ING OF ALLEY MEMBERS OF COUNCIL: The undersigned property owners, by counsel, ask permission to amend the application, File #514, in one particular only, which is to proceed to permanently vacate, discontinue and close said alley, pursuant to Virginia Code Section 15.1-482(b) 1950, as amended, and in all other respects, to affirm the applicants' statements and request. Respectfully submitted, HARRY A. CRAIGHEAD AND WANDA C. CRAIGHEAD, HUSBAND AND WIFE; JESSE W. ELMORE; MELROSE AVENUE SEVENTH-DAY ADVENTIST CHURCH, REV. C. ROBINSON, PASTOR; U.A. PLUMBERS AND STEAMFITTERS LOCAL UNION 491, F. D. FITZGERALD, BUSINESS MANAGER D. COPE~HAVER NHAVER, ELLETT, CORNELISON & WELD 421 Shenandoah Building Roanoke, VA 24011 Counsel for Applicants By Counsel Office c~ the City Clerk July 6, 1988 File #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from John D. Copenhaver, Attorney, representing various property owners on Orange Avenue and Melrose Avenue, N. W., requesting that an alley 15 feet in width extending in an east/west direction from Sixteenth Street, N. W., for a distance of 404 feet, described as Official Tax Nos, 2221601 2221608, respectively, fronting on Orange Avenue and Official Tax Nos. 2221609 2221615, respectively, fronting on Melrose Avenue, be permanently vacated, discontinued and closed. Sincerely,~, ~f~' ~ Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. John D. Copenhaver, Attorney, 421 Shenandoah Roanoke, Virginia 24011 Mr. John R. Marlles, Agent/Secretary, City Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. tlackworth, Assistant City Attorney Building, Planning Room 456 Municipal Building 215 Chu~h AYenu~, S.W. Roonol~e, Virginia 24011 (70~) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Harry A. Craighead and Wanda C. Craighead, husband and wife; Jesse W. Elmore; Melrose Avenue Seventh-Day Adventist Church, Rev. C. Robinson, Pastor; U.A. Plumbers & Steam- fitters Local Union 491, F. D. Business Manager, for vacation ) ) ) APPLICATION FOR VACATING, ) DISCONTINUING AND CLOS- )ING OF ALLEY ) Fitzgerald,) of alley ) MEMBERS OF COUNCIL: The undersigned property owners, by counsel, apply to have the alley between Orange Avenue and Melrose Avenue, N. W., extending in an East/West direction from Sixteenth Street, N. W. for a distance of 404 feet, in the City of Roanoke, Virginia, permanently vacated, 15.1-364 amended. discontinued and closed, pursuant to Virginia Code Section and Section 30-14, Code of the City of Roanoke (1979), as This alley is more particularly described as follows: An alley 15 feet in width extending in an East/West direction from Sixteenth Street, N. W., for a distance of 404 feet. This alley is located between parcels with Official Tax Numbers 2221601, 2221602, 2221603, 2221604, 2221605, 2221606, 2221607 and 2221608, fronting on Orange Avenue, N. W. and Numbers 2221609, 2221610, 2221611, 2221612, 2221613, 2221614 and 2221615, fronting on Melrose Avenue, N. W., all said parcels owned by the applicants. The applicants state that the grounds for their application are as follows: l) adjoin Application. 2) The property alley. 3) The applicants by fencing portions for The applicants are all the landowners whose parcels the property to be vacated and are in agreement with this to be vacated is presently being used as an desire to use the property to be vacated the present uses of the respective owners. Gates will be erected at the eastern and western ends of the alley in order to provide access to City public service and public utilities' vehicles, if and when desired. WHEREFORE, the applicants respectfully request that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 (1950) and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, HARRY A. CRAIGHEAD AND WANDA C. CRAIGHEAD, HUSBAND AND WIFE; JESSE W. ELMORE; MELROSE AVENUE SEVENTH-DAY ADVENTIST CHURCH, REV. C. ROBINSON, PASTOR; U.A. PLUMBERS AND STEAMFITTERS LOCAL UNION 491, F. D. FITZGERALD, BUSINESS MANAGER By Counsel ENHAVER, ELLETT, CORNELISON & WELD 421 Shenandoah Building Roanoke, VA 24011 Counsel for Applicants Office of Fne City Cle~ September 28, 1988 File #514 Hr. Kevin P. Oddo Attorney P. 0. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Oddo: [ am enclosing copy of Ordinance No. 29279, vacating certain por- tions of Linwood Land Company and Deanwood Terrace, pursuant to Section 15.1-482 (b) of the Code of Virginia (1950), as amended, which Ordinance No. 29279 was adopted by the Council of the City of Roanoke on first reading on Monday, September 12, 1988, also adopted by the Council on second reading on Monday, September 26, 1988, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:fa pc: Mr. & Mrs. John Martin, 822 Connecticut Roanoke, Virginia 24012 Ms. Nellie ~lankenship, 828 Connecticut Roanoke, Virginia 24012 Mr. W. Robert Berbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael ~r. Mr. Avenue, N. E., Avenue, N. E., Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit 8. Kiser, Director of Utilities and Operations Room 456 ,'~nicil~l Building 215 C~urch Avenue, S.W. Roanoke, Vlrglnio 24~11 (703) 98t-2541 ~r. Kevin P. Oddo September 28, 1988 Page 2 Mr. William M. Hackworth, Assistant City Attorney Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. ~arlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation Mr. Jerome S. Howard, Jr., Commissioner of Revenue IN THE COUNCIL OF THE CITY OF ROANOKE, The~26th day of September, 1988. No. 29279. VIRGINIA, AN ORDINANCE vacating portions of certain subdivision plkts and permanently, vacating, discontinuing and closing certain public right- of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the City of Roanoke Redevelopment and Housing Authority has filed an applica%ion to the Council of the City of Roanoke, Virginia, in accordance with the provisions of ~15.1-482(b), Code of Virginia (1950), as amended, requesting the Council to vacate portions of certain subdivision plats and to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by ~15.1-482(b), Code of Virginia (1950), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on September 12, 1988, at 7:30 p.m., after due and timely notice thereof as required by ~15.1-482(b), Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affeqted by the requested plat vacation and closing of the subject public right-of-way have been properly notified; and WHEREAS, inconvenience will manently vacating, of-way. from all of the foregoing, the Council considers that no result to any individual or to the public from per- discontinuing and closing the subject public righ~- THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that those portions of the plats of subdivision described as follows be permanently vacated: (a) Lots 1-14, inclusive, Block 16, the Map of Linwo0d Land Company (Official 3041601 - 3041612). according to Tax Nos. (b) The eastern portion of Block 17, bounded on the west by the Shenandoah Valley Division of the Nor- folk and Western Railroad, according to the Map of Linwood Land Company (Official Tax No. 3041207). (c) The 50 X 120 square foot lot in the south- western corner of the eastern portion of Block 17, according to the Map of Linwood Land Company (Offi- cial Tax No. 3041503). (d) Lots 1-18, inclusive, Block 23, according to the Maps of Deanwood Terrace and Linwood Land Company (Official Tax Nos. 3041301 - 3041305 and 3041310 3041318). (e) Lots 7-12, inclusive, Block 24, according to the Map of Deanwood Terrace (Official Tax No. 3041207). (f) The northeastern portion of Block 24, bounded on the west by the Shenandoah Valley Division of the Nor- folk and Western Railroad, according to the Map of Lin- wood Land Company (Official Tax No. 3041207). (g) Lots 7-11 and 18-23, inclusive, of the eastern portion of Block 31, bounded on the west by the Shenan- doah Valley Division of the Norfolk and Western Railroad, according to the Map of Deanwood Terrace (Official Tax No. 3041207). BE IT FURTHER ORDAINED by the Council of the City of Roanoke Virginia, that that public right-of-way situate in the City of RoanQke, Virginia, and more particularly described as follows: (a) Eighth Street, N.E., from its intersection with Pocahontas Avenue, N.E., north to its intersec- tion with the former southerly boundary of Mohawk Avenue, N. E. (b) G'eorgLa Avenue, N.E., tion with Eighth Street, N.E., terminus at Hollins Road, N.E. from its intersec- west to its westerly (c) Blocks 16 Terrace. The tea (10) foot alleys running through and 23, Linwood Land Company and Deanwood be, and it hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, and all sewer lines, water mains and easements therefor that may now be located in or across said public right-of-way be, and are hereby abandoned, reserving however, to the City of Roanoke an easement for any other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structures or any other encroachments on or over the easement which impede access for maintenance or replace- ment purposes at the time such work is undertaken; such easement or easements to terminate Upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such utility by the owne~ thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "vacated" on the portions of the plats of subdi- vision vacated hereby and tO mark "permanently vacated" on said public right-of-way on all maps and p~ats on file in his office on.which said right-of-way is shown, referring to the book and page or ordi- nances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees. BE IT FURTHER ORDAINED that this ordinance shall not take effect until a plat of subdivision, approved by the City, is recorded dedi- cating to the City for street purposes a twelve and one-half foot (12~2') wide strip of the vacated area along its boundary with Hollins Road, N. E., and dedicating to the City an area at the terminus of Connecticut Avenue, N.E., deemed sufficient by the City Engineer for proper cul-de-sac or turnaround, as described in the City Manager's report dated September 12, 1988. ATTEST: City Clerk. Raanoke City Planning Cammission September 12, 1988 The Honorable Noel C. Taylor, Mayor and Members City Council Roanoke, Virginia Dear Members of Council: Subject: Request from the City of Roanoke Redevelopment and Housing Authority, represented by Daniel F. Layman, attorney to vacate certain portions of Linwood Land Company and Deanwood Terrace, pursuant to Section 15.1-482(b) of the Code of Virginia (1950), as amended. I. Back, round: me Portions of subdivision as requested for vacation are situated adjacent to the westerly right-of-way boundary of Hollins Road, N.E., at a point two (2) blocks north of Orange Avenue (U.S. 460 E.), N.E. B. Streets, alleys and lots as requested for vacation are located within the Deanwood redevelopment project area. Subdivision plats (portions thereof) as requested for vacation are the Linwaod Land Company Map, plan no. 2524, dated April 3, 1899, and the Deanwood Terrace Map, plan no. 1463, dated June 22, 1918. Roanoke Redevelopment and Housin~ Authority owns all of lots to be vacated and all lots situated adjacent to the streets and alleys requested for closure, with the exception of the property identified on the attached Map A (official tax no. 3040901), which abuts a portion of 8th Street, N.E., and is owned by John W. and Betty S. Martin. Deanwood area was originally a residential community. Area has been systematically acquired by the Roanoke Redevelopment and Housing Authority for redevelopment as industrial sites as a part of the Deanwood redevelopment project area plan. Room 355 Municipal Building 215 Church Avenue, 5 ',~Z Roanoke, Virginia 24011 (703) 981-2344 II. Current Situation: Application was reviewed by the Planning Commission at its regular meeting of August 3, 1988. Roanoke Redevelopment and Housing Authority desires to vacate the subject streets, alleys and lots in order to establish one or more tracts suitable for industrial development sites. Redevelopment of the site(s) will be subject to the requirements of the City's site plan and/or subdivision ordinance. III. Issues: Neighborhood Impact: Site plan ordinance will require a landscape buffer or planting screen between the subject property and any adjacent or abutting residential use. Land is zoned Heavy Manufacturing (HM). B. Traffic Impact: Site will be developed for industrial use. Adjacent street, Connecticut Avenue, N.E., is currently developed at a standard below even residential requirements. Future site development should include street and pavement improvements to Connecticut Avenue, N.E. Hollins Road right-of-way adjacent to the subject property is only 55' wide. City's subdivision ordinance requires that arterial streets be 80' in width (Section 31-120). Plat of vacation should dedicate a strip of land along the property's boundary with Hollins Road, 12.5 feet in width, to provide for public street purposes. C. Utilities within the public right-of-way. City has sewer and water lines within the streets requested for vacation. Application requests that the City abandon the old sewer and water line in Georgia Avenue, N.E., as requested for closure. City departments of Utility Lines and Water are agreeable with this request. Appalachian Power Company has existing utilities within portions of the subject Georgia Avenue, Connecticut Avenue, and 8th Street, N.E. Correspondence received by the staff indicates that there are no other private utilities within the subject streets and alleys. Creation of a dead-end street of alley: Vacation will not create a dead-end street or alley. Plat of vacation will dedicate an area of the subject property sufficient in size to provide for a proper cul-de-sac or turnaround. Physical improvements on and adjacent to the property, such as grading, street construction and installation of adequate utilities, including drainage facilities, will be provided at the time of construction of the site. Responsibility for the above-cited provisions will be determined upon the basis of a future agreement between the City and the prospective purchaser of the properties. Land use: Existing storm drainage problems crossing blocks 31, 24 and 17, will need to be addressed during the site plan review and redevelopment of the subject property. Relationship to the Comprehensive Plan: Request is consistent with the intent of the Comprehensive Plan that available land be used in the most appropriate manner: Property is zoned for industrial use and is situated within the Deanwood redevelopment project area. Many of the existing lots are non-conforming and substandard in size for heavy manufacturing requirements, as required by the City's Zoning Ordinance (20,000 square feet). Undeveloped streets and alleys could be utilized in a more efficient manner by the adjacent property owner. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Price absent) recommends that the applicant's request to vacate the subject portions of the plats of the Linwood Land Company and Deanwood Terrace be approved subject to the condition that a 12½ foot strip of the property along its boundary with Hollins Road, N.E., be dedicated upon the plat to the City for street right-of-way purposes. Michael M. Waldvogel, Chairman Roanoke City Planning Commission ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator Petitioner V~IRGINIA: IN THE CITY COUNCIL OF THE CITY OF ROANOKE In re: Vacation of Portions of the Plats of Subdivision of Deanwood Terrace and Linwood Land Company APPLICATION OF THE CITY OF ROANOKE REDEVELOPMENT ~ND HOUSING AUTHORITY TO: The Honorable Mayor and Members of the City Council of the City of Roanoke (1) The undersigned applicant, the City of Roanoke Rede- velopment and Housing Authority, a political subdivision of the Commonwealth of Virginia, is the owner of certain real property located in the City of Roanoke, Virginia, described as follows: (a) Lots 1-14 inclusive, Block 16, according to the Map of Linwood Land Company (Official Tax Nos. 3041601 3041612). (b) The eastern portion of Block 17, bounded on the west by the Shenandoah Valley Division of the Norfolk and Western Railroad, according to the Map of Linwood Land Company (Official Tax No. 3041207). (c) The 50 x 120 square foot lot in the southwestern corner of the eastern portion of Block 17, according to the Map of Linwood Land Company (Official Tax No. 3041503). (d) Lots 1-18, inclusive, Block 23, according to the Maps of Deanwood Terrace and Linwood Land Company (Offi- cial Tax Nos. 3041301 - 3041305, and 3041310 - 3041318 ). (e) Lots 7-12, inclusive, Block 24, according to the Map of Deanwood Terrace (Official Tax No. 30412071. (f) The northeastern portion of Block 24, bounded on the west by the Shenandoah Valley Division of the Norfolk and Western Railroad, according to the Map of Linwood Land Company (Official Tax No. 3041207). (g) Lots 7-11 and 18-23, inclusive, of the eastern portion of Block 31, bounded on the west by the Shenandoah Valley Division of the Norfol~ and Western Railroad, ac- cording to the Map of Deanwood Terrace (Official Tax No. ~041207). (2) The property described above is located in that por- tion of the Deanwood neighborhood acquired by the applicant pursuant to redevelopment plans for that area adopted under the provisions of Title 36 of the Code of Virginia of 1950, as amended. The specific location of the lots is shown on the plat made by Mattern & Craig, dated July 11, 1988, entitled "Survey Plat Prepared For City of Roanoke Redevelopment and Housing Authority" attached to this application and marked Exhibit A. (3) The described property comprises portions of the Deanwood Terrace and Linwood Land Company subdivisions, the other lots ~ which have previously been sold by the original developers to other owners. (4) The applicant wishes to'vacate the subdivision of the listed lots pursuant to Section 15.1-482(b) of the Code of Virginia in order to redevelop the entire tract, including - 2 - existing Streets and alleys, into one large lot to be used for industrial purposes. (5) Certain streets and alleys have been installed on the described property. The applicant desires that the following streets and alleys lying within the boundaries of the described property be vacated as a result of the subdivision Vacation hereby requested, as provided in Section 15.1-483 of the Code of Virginia of 1950, as amended: (a) Eighth Street, N.E., from its intersection with Pocahontas Avenue, N.E., north to its intersection with the former (b) Georgia Avenue, N.E., Eighth Street, N.E., west to Hollins Road, N.E. southerly boundary of Mohawk Avenue, N.E. from its intersection with its westerly terminus at (c) The ten (10)-foot alleys running through Blocks 16 and 23, Linwood Land Company and Deanwood Terrace. The applicant desires that all other streets and alleys lying adjacent to the described property be excepted from the effects of the requested vacation and remain open. The streets and alleys to be closed are shown cross-hatched on the plat at- tached hereto as Exhibit A. (6) Petitioner requests that the water and sewer ease- ments existing in the area of Georgia Avenue to be closed be lines capped at Hollins Road. These service lines, and their condition their use in serving the industrial facility constructed on the new tract. All other public abandoned and the service lines are old residential and size preclude expected to be - 3 - utilities installed in the described undisturbed, in accordance with Section Virginia of 1950, as amended. property are to remain 15.1-483 of the Code of (7} The applicant believes that the aforesaid lots, streets and alleys are no longer suitable for residential or other use in their present conformation and that the land can best be used if vacated to acreage and replatted into a larger industrial tract. WHEREFORE, the City of Roanoke Redevelopment and Housing Authority respectfully requests, in accordance with Section 15.1-482(b) of the Code of Virginia of 1950, as amended, that the portions of the maps of Deanwood Terrace and Linwood Land Company set forth in paragraph (1} above and the streets and alleys set forth in paragraph (5) above be vacated. Daniel F. Layman, Jr. Kevin P. Oddo Woods, Rogers & Hazlegrove P.O. Box 720 Roanoke, Virginia 24004 Respectfully, CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY Of Counsel - 4 - CI'~' ROA LOCATION PC R ,~ t .1 .l "' STRI'I'T "& ,LXl I'I-.'Y CI. OS UI I-.' NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, September 12, 1988, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 21§ Church Avenue, S. W., on an application to vacate portion of certain plats of subdivision identified below and to permanently abandon, vacate, discontinue and close the following public right-of-way pursuant to the provisions of $15.1-482(b), Code of Virginia (1950), as amended: Portions of plats to be vacated: (a) Lots 1-14, inclusive, Block 16, according to the Map of Linwood Land Company (Official Tax Nos. 3041601 - 3041612). (b) The eastern portion of Block 17, bounded on the west by the Shenandoah Valley Division of the Nor- folk and Western Railroad, according to the Map of Linwood Land Company (Official Tax No. 3041207). (c) The 50 X 120 square foot lot in the south- western corner of the eastern portion of Block 17, according to the Map of Linwood Land Company (Offi- cial Tax No. 3041503). (d) Lots 1-18, inclusive, Block 23, according to the Maps of Deanwood Terrace and Linwood Land Company (Official Tax Nos. 3041301 3041305 and 3041310 - 3041318). (e) Lots 7-12, inclusive, Block 24, according to the Map of Deanwood Terrace (Official Tax No. 3041207). (f) The northeastern portion of Block 24, bounded on the west by the Shenandoah Valley Division of the Nor- folk and Western Railroad, according to the Map of Lin- wood Land Company (Official Tax No. 304120?). (g) Lots 7-11 and 18-23, inclusive, of the eastern portion of Block 31, bounded on the west by the Shenan- doah Valley Division of the Norfolk and Western Railroad, according to the Map of Deanwood Terrace (Official Tax No. 3041207). Right-of-way to be vacated and closed: (a) Eighth Street, N.E., from its intersection with Pocahontas Avenue, N.E., north to its intersec- tion with the former southerly boundary of Mohawk Avenue, N. E. (b) Georgia Avenue, tion with Eighth Street, terminus at Hollins Road, N.E., from its intersec- N.E., west to its westerly N.E. (c) The ten (10) foot alleys running through Blocks 18 and 23, Linwood Land Company and Deanwood Terrace. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Nunicipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of August , 19 88 Nary F. Parker, City Clerk Please publish in full twice, once on' Friday, August 26, 1988, and once on Friday, September 2, 1988, in the Roanoke Times and World News, Morning Edition. Please send publisher's affidavit to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. Kevin P. Oddo Attorney P. O. Box 720 Roanoke, Virginia 24004-0720 Office of t~e City Clerk August 25, 1988 File #514 Mr. Kevin P. Oddo Attorney P. 0. Box 720 Roanoke, Virginia 24004-0720 Dear Mr. Oddo: [ am enclosing copy of a report of the City Planning Commission recommending that tile Council of the City of Roanoke ~rant the request of your client, ~oanoke Redevelopment and Housing Authority, that certain portions of Linwood Land Company and Deanwood Terrace be vacated, pursuant to Section 15.1-482(b) of the Code of Virginia (1950), as amended. Pursuant to Resolution No. 25523 adopted by the'Council of the City of Roanoke at a regular meeting held on Monday, April 1981, a public hearing on the abovedescribed request has been set for Monday, September 12, 1988, at 7:30 p.m., in the Council Chamber, fourth floor of the Municipal Building. Please review the Ordinance may contact Mr. William M. at 981-2431. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the vacation, which notice and Ordinance were prepared by the City Attorney's Office. and if you have any questions, you ftackworth, Assistant City Attorney, SincereIy,f~,~ ~' ~ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. & Mrs. John Martin, 822 Connecticut Avenue, Roanoke, Virginia 24012 Ms. Nellie Blankenship, 828 Connecticut Avenue, Roanoke, Virginia 24012 i~oom456 MunlcipaIBuilcflng 215 0~urch Avenue, S.W. Roonoke, Virg~nia24011 (703)981-2541 Mr. Kevin P. Oddo Page 2 August 25, 1988 Mr. W. Robert Herbert, City Manager, Mr. Wilburn C. Oibling, Jr., City Attorney Mr. Van W. Moody, III, Director of Real Estate Valuation Mr. Michael M. WaldvogeI, Chaioman, City Planning Commission Mr. L. Eiwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit ~. Kiser, Director of Utilities and Operations Mr. William ~. Hackworth, Assistant City Attorney Mr. Charles M. ~uffine, City Engineer' Mr. Ronald H. Miller,, Building Commissioner and Zoning Administratar Mr. John R. Marlies, Agent/Secretary, City Commission Ms. Doris Layne, Office of Real Estate Valuation Mr. Jerome S. Howard, Jr., Commissioner of Revenue P l (inn ing Office of the City Cler~ July 14, 1988 File #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 31-39 of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Kevin P. Oddo, Attorney, representing the City of Roanoke Redevelopment and Housing Authority, requesting the vacation of certain portions of the Plats of Subdivision of Deanwood Terrace and Linwood Land Company. Sincerely,~,.x~, ~,~ ~. Mary F. Parke., CMC City Clerk MFP: se Enc. pc: Mr. Kevin P. Oddo, Attorney, P. 0. Box 720, Roanoke, Virginia 24004-0720 Mr. John R. Marlles, Agent/Secretary, City Planning Corrgni.ssion Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munlcll:x~l Building 215 Church Avenue, S.W, Roanoke. Virginia 24011 (70.5) 981-2541 WOODS, ROGERS & HAZLEGROYE 109 FRANKLIN ROAD, S.W. P.O. Box 720 ROANOKE, VIRGINIA ~4004-0720 982-4229 July 13, 1988 Mrs. Mary F. Parker, City Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 In re: City of Roanoke Redevelopment and Housing Authority -- Application for Vacation of Subdivision Dear Mrs. Parker: Enclosed are the original and two copies of the applica- tion of the City of Roanoke Redevelopment and Housing Authority to vacate certain portions of the plats of subdivision of Deanwood Terrace and Linwood Land Company. We would appreciate having this matter placed on the agen- da of the Planning Commission at the earliest available date. Please let us know if you have any questions regarding the application. Yours very truly, WOODS, ROGERS & HAZLEGROVE Kevin P. Oddo KPO:jh Enclosures cc: Mr. H. Wesley White, Jr. Mr. Ted Tucker Mr. Kyle Austin TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE VACATION OF SUBDIVISION PLAT/STREET~D A~LE~ CLOSURES REQUEST OF: Request from the City of Roanoke Redevelopment and Housing Authority, ) represented by Daniel F. Layman, attorney to vacate the subdivision of) the lots listed below pursuant to Section 15.1-482(b) of the Code of Virginia ) (a) Lots 1-14 inclusive, Block 16, according to the Map of Linwood ) Land Company (Official Tax Nos. 3041612). (b) The eastern portion of Block 17, bounded on the west by the ) Shenandoah Valley Division of the Norfolk and Western Railroad, according to the Map of Linwood Land Company (Official Tax No. 3041207). (c) The 50 x 120 square foot lot in the southwestern corner of the ) eastern portion of Block 17, according to the Map of Linwood Land Company (Official Tax No. 3041503). )AFFI- (d) Lots 1-18, inclusive, Block 23, according to the Maps of )DAVIT Deanwood Terrace and Linwood Land Company (Official Tax Nos. 3041301-3041305, and 3041310-3041318). (e) Lots 7-12, inclusive, Block 24, according to the Map of Deanwood Terrace (Official Tax No. 3041207). (f) The northeastern portion of Block 24, bounded on the west by ) the Shenandoah Valley Division of the Norfolk and Western Railroad, according to the Map of Linwood Land Company (Official Tax No. 3041207). ) (g) Lots 7-11 and 18-23, inclusive, of the eastern portion of ) Block 31, bounded on the west by the Shenandoah Valley Division of the Norfolk and Western Railroad, according to the Map of Deanwood Terrace (Official Tax No. 3041207); and request to vacate Eighth Street, N.E., from its intersection with Pocahontas Avenue, N.W., to its intersection with the former southerly boundary of Mohawk Avenue, N.E.; Georgia Avenue, N.E., ) from its intersection with Eighth Street, N.E., west to its westerly terminus at Hollins Road, N.E., and the ten foot alleys running through Blocks 16 and 23, Linwood Land Company and Deanwood ) Terrace. COI~4ONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke 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 25th day of July, notices of a public hearing to be held on the 3rd day of August, on the matter captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT ADDRESS 3040901 3040916 John and Betty Martin 822 Connecticut Avenue Roanoke, VA 24012 3040917 3040918 Nellie Blankenship 828 Connecticut Avenue Roanoke, VA 24012 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 25th day of July, 1988. My Co~ission Expires: No~ary~Publ~ C~ce of the Ci~ Cler~ September 28, 1988 File #169 Mr. Joseph D. &ogan, III Attorney 300 Shenandoah Building Roanoke, Virginia 24911 Dear Mr. Logan: I am enclosing copy of Ordinance No. 29296, granting conditional permits to WMS Partnership and L. O. arown, Jr., et iix., for existing structures encroaching over and into the right-of-way of an alley in Block 19, F. Rorer Map, and behind Lot 34, Taylor Map, and located adjacent to Official Tax Nos. 1112412 1112417, respectively, which Ordinance No. 29296 was adopted by the Council of the City of Roanoke on first reading on Monday, September 12, 1988, also adopted by the Council on second reading on Monday, September 26, 1988, and will take effect ten days following the date of its second reading. Please have your clients sign and return three copies of the Ordinance to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, SIfE-: ra Eno. pc: Sandra H. Eakin Deputy City Clerk ~dr . Mr. Mr. ~f r . Mr. Mr. John R. W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Richard V. ~amilton, Engineering Coordinator Marlles,' Chief of Community Planning Room 456 Municipal BuilOing 215 C~urch Avenue S W Roanoke v~rg~n~a 24011 (703) 981-2541 IN THE COUNCIL The 26th day of OF THE CITY OF ROANOKE, September, 1988. No. 29296. VIRGINIA, AN ORDINANCE granting conditional permits for existing struc- tures encroaching over and into the right-of-way of an alley in Block 19, F. Rorer Map, and behind Lot 34, Taylor Map, and located adjacent to Official Tax Nos. 1112415, 1112413, 1112414, 1112415, 1112416, and 111241'7, upon certain terms and conditions. and cent more dated September Clerk. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission be and is hereby granted the current owners, WMS Partnership, their grantees, assigns or successors in interest of the property bearing Official Tax Nos. 1112413 and 1112414, and L. O. Brown, Jr., et ux., their grantees, assignees or successors in interest of the property bearing Official Tax Nos. 1112412, 1112415, 1112416, and 1112417 within the City of Roanoke, to maintain an encroachment by existing structures 1.2 feet in depth, 50.05 feet in length, .~ feet in depth and 87.45 feet in length, and .8 feet in d~pth and 10 feet la length, over into the public right-of-way of the alley immediately adja- to such properties and perpendicular to 7th Street, S.W., as fully described in a report of the Water Resources Committee 12, 1988, on file in the Office of the City 2. Said permit, granted pursuant to ~15.1-377, Code of Virginia (1950), as amended, shall be valid until such buildings or structures are destroyed or removed and is subject to all the limitations contained in the aforesaid ~15.1-377. 3. It shall be agreed by the permittee that, iu maintaining such encroachments, said permittee and its grantees, assignees, or successors in interest Covenant and agree to indemnify and save harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachments over public right-of-way. 4. P~rmittee, its grantees, assignees or successors in interest shall for the duration of this permit, with respect to claims arising out of the maintenance and use of the structure and areas permitted-to encroach into City right-of-way hereunder, maintain on file with the City Clerk's Office evidence of general public liability insurance with limits of not less than $300,000.00 combined bodily injury liability, including death, and property damage liability for any one occurrence, and including the City of Roanoke, its officers, employees and agents as additional insureds. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, attested, and acknowledged by permittee, has been admitted to record, at the cost of the permittee, in the Office of the Clerk of the Circuit Court of the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the public liability insurance required in paragraph 4 above is on file in the Office of the City Clerk. ATTEST: - 2 - City Clerk. ACCEPTED and EXECUTED by the undersigned this , 1987. day of WMS PartnershiD STATE OF VIRGINIA CITY OF ROANOKE Permitt-~ ~own, Jr., Permittee I, hereby certify that the foregoing instrument was acknow- ledged before me this day of , 19 , by a--Partner 'of"WMS Partn'ership, ~-~-and o~e-~l~6f said P~nership. My Commission expires: Notary Public STATE OF VIRGINIA CITY OF ROANOKE I, hereby certify that the foregoing instrument ledged before me this day of L. O. Brown, Jr., owne~. My Commission expires: was acknow- , 19___, by Notary Pugl'ic - 3 - Roanoke, Virginia September 12, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Encroachments into Alley Lots 9A & 10A, Block 19, F. Rorer Map, Lot 34, Taylor Map 625 & 631 Campbell Avenue, S.W. The attached report was considered by the Water Resources Committee at its regularly scheduled meeting on August 22, 1988. The Committee recommends that City Council authorize a permit, for the life of the structures, for encroachment of structures into the alley in Block 19, F. Rorer Map and behind Lot 34, Taylor Map. Permit to include indemni- fication and public liability insurance provisions protecting the City, documentation to be prepared by the petitioner in a form acceptable to the City Attorney. Respectfully submitted, T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Agent, Planning Con~nission INTEP. I)EPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: August 22, 1988 Mem~ ~t~sources Committee Mr. [re~ [~ & Operations Kit B. Kiser, Dir ct r of Utilities Mr. W. Robert Herber~ ,~Ci~ty Manager Encroachments into Alley Lots 9A & iOA, Block 19, F. Rorer Map, Lot 34, Taylor Map 625 & 631 Campbell Avenue, S.W. III. I. Background: Structure on Lot 9A, owned by WMS Partnership, was built in the 1940's. At that time lots 9 & 10 were in the same ownership. The structure was built with little regard for lot lines resulting in encroachment on Lot 10 as well as a 1.20 foot encroachment into the alley at the rear, 50.05 feet in length. Structure on Lot 10A, owned by L. O. Brown, Jr., was built at a later date adjoining the easterly side of the structure on Lot 9 resulting in a small encroachment onto Lot 9 on the front of the lot and an 0.20 foot encroachment into the alley at the rear, 87.45 feet in length. Garage, owned by Lo O. Brown, on Lot 34, Taylor Map, imme- diately west of Lot 9, F. Rorer Map, also encroaches into alley 0.80 feet at its northwesterly corner tapering to zero approximately 10.0 feet to the east of the corner. II. Current Situation: Property owners have requested a permit from the City that would allow the encroachments to remain for the life of the structures (see attached map and letter). A. Need B. Timing C. Cost to City Page 2 IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a permit, for the life of the structures, allowing buildings to encroach into the alley in Block 19, F. Rorer Map, and Taylor Map, 1.2 feet in depth, 50.05 feet in length on rear of Lot 9A, Block 19, F. Rorer Map, 0.20 feet in depth, 87.45 feet in length on rear of Lot iOA, Block 19, F. Rorer Map and 0.80 feet in depth tapering to zero, 10.00 feet in length on the rear of Lot 34, Taylor Map. Permit to include indemnification and public liability insurance provisions protecting the City, documen- tation to be prepared by the petitioner in a form acceptable to the City Attorney. ~eed by property owners to continue existing long- standing encroachments is met. 2. Timing to permit sale of one property (on Lot 9A) is met. 3. Cost to City is zero. Committee recommend to City Council that it refuse tn authorize the three (3) building encroachments into the alley in Block 19, F. Rorer Map and at the rear of Lot 34, Taylor Map. 1. Need by property owners to continue existing long- standing encroachments is not met° 2. Timin8 to permit sale of one property is not met. 3. Cost to City is zero. Po Recommendation: Committee recommend to City Council that it authorize a permit, for the life of the structures, for encroach- ment of structures into the alley in Block 19, Fo Rorer Map and behind Lot 34, Taylor Map in accordance with Alternative "A". KBK/RVH/mm Attachment cc: City Attorney Director of Finance Agent, Planning Commission o to]- 54 "T~¥t.o~ ~.. P~UNX~TT & LOOAN July 13, 1988 Mr. Richard Hamilton Engineering Department City of Roanoke Municipal Bldg. 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: W. M. S. Partnership; Lots 9 and 10, Petition to Maintain Encroachment Dear Mr. Hamilton: Block 19; This letter constitutes the petition of W. M. S. Partnership to the City of Roanoke for permission to maintain a slight building encroachment on the alley adjoining the northerly, rear line of Lot 9, Block 19 and Lot 10, Block 19 of the F. Rorer Map, official numbers 1112413, 1112414, and 1112415. A plat entitled "Plat Showing Property of David O. Tucker & Lana F. Tucker" dated July 6, 1988, made by Buford T. Lumsden & Associates, p. C., a copy of which is enclosed, shows the encroachment. As you are aware, when my client, W. M. S. Partnership, was preparing to sell both halves of Lot 9, Block 19 to David O. Tucker and Lana F. Tucker, it was discovered that the dividing line between Lots 9 and 10 did not follow the dividing line between the two buildings on those lots. Mr. Jenkins at Buford T. Lumsden & Associates is preparing and submitting to the Planning Department for approval a map adjusting the dividing line between Lots 9 and 10 to reflect the actual location of the buildings. In that regard, we are advised that it is necessary to petition for permission to maintain the encroachment on the alley. Mr. Richard Hamilton July 13, 1988 Page 2 I would appreciate your letting me know if you need anything further. Thank you for your assistance. Sincerely yours, Enclosure cc: Mr. William S. Moses Mr. James L. Jenkins Mr. Ted Tucker JDL:bkm/b-let 074-8054 PLUNKETT ~DGAN Jo~eph/D. Logan, III C~ce of the Ci~/Clerk September 28, 1988 File #29-28 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~r. Herbert: I am attaching copy of Ordinance No. 29297, authorizing execution of aa indenture between the City and Appalachian Power Company, for the purpose of transmitting electric power through a public utility easement owned by the City situate in "Rancho Mexico Business Park"~ Section 1, on Lot A1 adjacent to U. S. Route 460, which Ordinance No. 29297 was adopted by the Council of the City of Roanoke on first reading on Monday, September 12, 1988~ also adopted by the Council on second reading on ~onday, September 26, ~958, and will take effect ten days following the date of its second reading. Sincerely, SHE:fa pc: Sandra H. Eakin Deputy City Clerk Mr. Robert A. Waid, Ri~ht-of-Way Agent, Appalachian Company, P. O. Box 2021, Roanoke, Virginia 24022 ~r. Wilburn C. Dibling, Jr.~ City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. ~it B. ~iser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Richard V. Hamilton~ Engineering Coordinator 450 Municioal Building 215 C~urch Avenue SW Roanoke ~rg~nia 240tt (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26th day of September, 1988. No. 29297.- VIRGINIA, AN ORDINANCE authorizing execution of an indenture between the City and Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. The Mayor and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, an indenture with Appalachian Power Company giving license and per- mit for nominal consideration to said Company, its successors and assigns, to construct, erect, operate and maintain underground electric service facilities for the purpose of transmitting electric power, said right-of-way being in the City of Roanoke through a public utility easement owned by the City situate in "Rancho ~exico Business Park" Section 1, on Lot A1 adjacent to U.S. Route 460, particularly set tember 12, 1988, City Clerk. The Attorney. the location of said electric facility being more forth in the report to this Council dated Sep- a copy of whic~ is on file in the Office of the form of such indenture shall be approved by the City ATTEST: City Clerk. Roanoke, Virginia September 12, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appalachian Power Company (APCO) Indenture - Rancho Mexico Business Park The attached report was considered by the Water Resources Comittee at its regularly scheduled meeting on August 22, 1988. The Committee recommends that Council authorize the appropriate City officials to execute an APCO Indenture which will permit them to utilize the public utility easements in the Rancho Mexico Business Park, Section 1, to provide underground electric service. Respectfully submitted, T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attac~ent CC: City Manager City Attorney Director of Finance DATE: TO: August 22, 1988 Members, Water Resourc~oC~tee ,h~uW. Robert Herbe~,F~y Manager K. B. Kiser, Director of Utilities & Operations SUBJE~: Appalachian Power Company (APCO) Indenture--Rancho Mexico Business Park I. Background: Rancho Mexico Business Park, Section 1 was established by plat dated March 12, 1986. Certain public utility easements were dedicated at that time to the City (see attached map). II. Current Situation: APCO wishes to utilize the public utility easements to extend underground electric service to the business park. Attached is an Indenture which will permit them to use the easements. III. Issues: A. Need B. Timin~ IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute an APCO Indenture which will permit them to utilize the public utility easements in the Rancho Mexico Business Park, Section 1 to provide underground electric service. Need by APCO and Rancho Mexico Business Park for installation of electric service facilities is met. 2. TiminK to permit immediate installation is met. Bo Committee recommend to City Council that it refuse to authorize the execution of the APCO Indenture. Need by APC0 and Rancho Mexico Business Park for use of public utility easements is not met. 2. Timin~ to permit in~nediate installation is not met. Page 2 Recommendation: Committee recommend that City Council authorize the execution of the APCO Indenture in accordance with Alternative KBK:RVH:afm Attachment cc: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance WOODS. ROOERS c~ HAZLEGROVE Io~ FRA.~KLIN ROAD, S.W. PO. Box 7~O JUL 1 4 1988 982-4262 July 13, ]988 JKE REAL ESTATE OFFICE AUG ~ ]gt~ Mr. R. A. Waid Division Right of Way Appalachian Power Company P. O. Box 202] Roanoke, Virginia 24022 OFFICE OF CITY ENGINEER Dear Bob: Easement on property of Joel J. Ewen and Central Fidelity Bank Confirming our telephone conversation yesterday, I am returning the proposed June 24, 1988 agreement between Central Fidelity Bank, Inc. and Appalachian Power Company for a 7.5 foot right of way as shown on the Proposed Right of Way of Property of Central Fidelity Bank, 460 East, Roanoke Branch dated June 23, 1988. I am also enclosing a copy of the. March ]2, ]986 Plat of Survey of Rancho Mexico Business Park, Section 1 of record in Map Book ], Page 545 in the Clerk's Office of the Circuit Court of the City of Roanoke. This plat shows a public utility easement conveyed to the City of Roanoke 15 feet in width on Lot A] adja- cent to U.S. Route 460 continuing 7]~ feet in width on Lot A] and 71~ feet on Lot A2 along their common boundary. James D. Harvey at Central Fidelity Bank advises that Central Fidelity will not grant a public utility easement on the remaining portion of its property unless it is paid $15,000. Fortunately, Joel J. Ewen conveyed a public utility easement to the City of Roanoke by the enclosed plat. I have discussed the granting of an easement on this property to Appalachian with Bill Hackworth in the City Attorney's Office and with Kit Kizer and it is my understanding Appalachian will have no problem obtaining an easement by indenture from the City. I further understand that you will proceed to obtain the necessary easement. Mr. R. A. Waid July 13, 1988 Page 2 If I may be of any assistance in this or any other regard, please do not hesitate to contact me. JFD/sc Enclosures cc: William M. Hackworth, Kit Kizer Joel J. Ewen Sam H. McGhee, III ly yours, ~ Douthat Esq. THIS AGREEMENT, made this 18th day of July, 1988, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, party of the first part, and APPALACHIAN POWER COMPANY, a Virginia public service corporation, party of the second part. WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the said party of the first part hereby grants and conveys to the party of the second part, its successors and assigns, a right of way and easement for electric power and communication line or lines, in, on, along, through, over, across, and under the lands of Rancho Mexico Business Park, Section 1, as set aside and assigned to the City of Roanoke, Virginia. BEING 7.5' and 15' P.U.E.s {Public Utility Easements) as shown on that certain plat of survey of "Rancho Mexico Business Park Section 1", dated March 1, 1986, lodged in Map Book 1, Page 545, Clerk's Office of the Circuit Court of the City of Roanoke, Virginia. TOGETHER with the right, privilege and authority to Appalachian, its successors, assigns, lesses and tenants, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures, and appurtenances {hereinafter called "Appalachian's Facilities"} in, on, along, through, across and under the above referred to premises; the right to disturb the surface of said premises and to excavate thereon, and to cut down, trim, clear, and/or otherwise control, and at Appalachian's option, remove from said premises, brush, undergrowth, trees, tree roots, shrubs, buildings, -1- or other obstructions which may endanger the safety of, or interfere with the use of, Appalachian's Facilities; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the party of the first part at any and all times, for the purpose of exercising and enjoying the rights herein granted, and doing anything necessary or useful or convenient in connection therewith. The party of the first part hereby grants, conveys, and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event the party of the second part should remove all of said Appalachian's Facilities from the lands of the party of the first part, then all of the rights, title and interest of the party of the second part in the right of way and easement herein above granted, shall revert to the party of the first part, its successors and assigns. The party of the second part agrees to indemnify and save harmless the party of the first part against any and all loss or damage, accidents, or injuries, to persons or property, whether of the party of the first part or any other person or corporation, arising in any manner from the negligent construction, operation, or maintenance, or failure to properly construct, operate, or maintain the said poles, wires, cables, crossarms, guys, anchors, grounding systems, underground facilities, and all other appurtenant equipment and fixtures of the party of the second part. It is understood and agreed between the parties hereto, that the party of the first part reserves the right to use said lands in any way not inconsistent with the rights herein granted. TO HAVE AND TO HOLD the same unto the said Appalachian Power Company, its successors and assigns. -2- WITNESS the signature of the City of Roanoke by NOEL TAYLOR, its Mayor, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. , adopted CITY OF ROANOKE ATTEST: MAYOR CITY CLERK STATE VIRGINIA) TO-WIT: CITY OF ROANOKE) I, , Notary Pub)lc in and for the City and State aforesaid, do certify that Noel Taylor and Mary F. Parker, Mayor and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the 18th day of July, 1988, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day , 1988. NOTARY PUBLIC My Commission Expires: -3- Off~ce of rne Ci~, Cler~ September 28, 1988 File #27-28-29 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: ! am attaching copy of Ordinance No. 29298, authorizing execution of an indenture between the City and Appalachian Power Company, for the purpose of transmitting electric power through property owned by the City situate at the Water Pollution Control Plant adjacent to the transformer, which Ordinance No. 29298 was adopted by the Council of the City of Roanoke on first reading on Monday, September 12, 1988, also adopted by the Council on second reading on Monday, September 26, 1988, and will take effect ten days following the date of its second reading. Sincerely, SHE:ra Enc. pc: Sandra If. Eakin Deputy City Clerk Mr. Robert A. Waid, Right-of-Way Agent, Appalachian Company, P. O. Box 2921, Roanoke, Virginia 24022 ~Ir. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit ~. Kiser, Director of Ut, ilities and Operations ~ir. William F. Clark, Director of Public Works Mr. Richard V. Hamilton, Engineering Coordinator Power Room 456 Municipal Building 215 C~urch Avenue SW. Roanoke. V~rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 26%h day of September, 1988. No. 29298. VIRGINIA, AN ORDINANCE authorizing execution of an indenture between the City and Appalachian Power Company. BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. The Mayor and the City Clerk are hereby authorized for and on behalf of the City to execute and attest, respectively, an indenture with Appalachian Power Company giving license and per- mit for nominal consideration to said Company, its successors and assigns, to construct, erect, operate and maintain a new meter pole for electric service facilities for the purpose of transmitting electric power, said right-of-way being in the of Roanoke through property owned by the City situate at the Water Pollution Control Plant adjacent to the transformer, the location of said electric facility being more particularly described in the report to this Council dated September 12, 1988, a copy of which is on file in the Office of the City Clerk. 2. The form of such indenture shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia September 12, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Appalachian Power Company (APCO) Indenture - Water Pollution Control Plant The attached report was considered by the Water Resources Committee at its regularly scheduled meeting on August 22, 1988. The Committee recommends that City Council authorize the appropriate City officials to execute an APCO Indenture which will permit them to install a meter pole for the transformer for the new blower motor being installed at the Sewage Treatment Plant. Respectfully submitted, izabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance L. Bane Coburn, Civil Engineer II INT~P.I)EPART~ENT CO~4UNICATION DATE: TO: FROM: THRU: SUBJECT: August 22, 1988 Membe~s.,~er Resources Committee ~B. Kise~, Director, Utilities and Operations W. Robert Herbally Manager Appalachian Power Co. (APCO) Indenture Water Pollution Control Plant I. Back,round: City is replacing a blower engine at the Water Pollution Control (Sewage Treatment) Plant with an electric motor. Electric service to new motor will utilize old engine exhaust pipe system, with transformer placed upon old exhaust exit facility. II. Current Situation: APCO has electric service fifteen (15) feet from new transformer location but must place meter pole adjacent to the transformer. Attached is a copy of an Indenture submitted by APCO which will permit them to install the meter pole. III. Issues A. Need B. Timin~ IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute an APCO Indenture which will permit them to install a meter pole for the transformer for the new blower motor being installed at the Sewage Treatment Plant. 1. Need by City and APCO for meter installation is met. 2. Timin~ to permit blower motor installation to proceed on schedule is met. B. Committee recommend to City Council that it refuse to authorize execution of APCO Indenture. 1. Need by City and APCO for meter installation is not met. Timin~ to permit blower motor installation to proceed in a timely manner is not met. Recommendation: Committee recommend that City Council authorize the execution of the APCO Indenture in accordance with Alternative "A." RVH/kn Attachment cc: Wilburn CI Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance L. Bane Coburn, Civil Engineer II Appalachfan Power Company PO Box 2021 Roanoke, VA 24022 2121 703 985 2300 JUL eR O IW iI ENGINEER July 25, 1988 Mr. Richard V. Hamilton City Engineer's Office 215 Church Avenue, SW Roanoke, VA 24011 Dear Richard, Enclosed is a working copy of the metering pole requested by Bane Coeburn for the sewage plant. It only amounts to setting a pole 15 feet east of the existin9 pole 279-532 (as you can see from sketch). I will send the 6riginal thru our management to obtain approval. If you will, please check this out with your people. I will get the original out to you as soon as available. Very truly yours, R. A. Waid '~ Right of Nay Agent vsr enclosure TIIIS INDENTURE, made tills 20th day of July, 1988, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, party of the first part, and APPALACHIAN POWER COMPANY, a Virginia public service corporation, party of the second part. WI TNESSETH: TIIAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the said party of the first part hereby grants and conveys to the party of the second part, its successors and assigns, rigttt of way and easement for electric power and communication line or lines in, on, along, through, over, and across the lands of the City of Roanoke containing its sewage facility. Said right of way to be in an easterl direction from existing Po)e 279-532, approximately 15 feet to an overhea metering pole to be insta)led. TOGETHER with The right, privilege and authority to Appalachian, its successors, assigns, lessees and tenants, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will, poles, with wires, cables, crossarms, guys, anchors grounding systems and a11 other appurtenant equipment and fixtures (hereinaftel called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, across, through, or over the above referred to premises the right to cut down, trim and/or otherwise control, and at Appalchian'~ option, remove from said premises, any trees, overhanging branches, buildings, or other obstructions which may endanger the safety of, or interfere witF tile use of, Appalachian's Facilities; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of tile Grantors at any and all times, for the purpose of exercising anc enjoying the rights herein granted, and for doing anything necessary or useful -1- or convenient in connection therewith. The party of the first part hereby grants, conveys, and warrants to Appalachian Power Company a non-exc)usiw right of way easement for electric facilities. In tile event the party of the second part should remove al) of sai( Appalachian's Facilities from the lands of the party of the first part, then all of tile rights, title and interest of the party of the second party in the right and way and easement herein above granted, shall revert to the party of the first part, its successors and assigns. The party of the second part agrees to indemnify and save harm)ess the party of the first part against any and al) loss or damage, accidents, or injuries, to persons or property, whether of the party of the first part or any other person or corporation, arising in any manner from the negligent construction, operation, or maintenance, or failure to properly construct operate, or maintain' the said poles, wires, cables, crossarms, guys, anchors, grounding systems, and all other appurtenant equipment and fixtures of the party of the second part. It is understood and agreed between tile parties hereto, that the party of the first part reserves tile right to use said lands in any way not inconsistent with the rights herein granted. TO HAVE AND TO HOLD ti~e same unto the its successors and assigns. said Appalachian Power Company, WITNESS the signature of the City of Roanoke, by NOEL TAYLOR, its Mayor, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. , adopted CITY OF ROANOKE ATTEST: MAYOR CITY CLERK STATE OF VIRGINIA) CITY OF ROANOKE ) TO-WIT: and State aforesaid, do certify and City Clerk, respectively, of are signed to tile writing above, , Notary Public in and for the City. that Noel Taylor and Mary F. Parker, Mayor the City of Roanoke, whose names as such bearing date the day of June, 1988, have acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this __ day of , 1988. My Commission Expires: NOTARV PUBLIC AA TRIPLEX 619 ROANO~ -CAt, I::B~].L ~4J KV Se7e~ IdC;M AL , I-7ol0 ALU~ SIT EAS. 62O ,~OA~:~ STATION NfAG,ARA CIRCUIT Z- ?0~Z'03'07-01 Office of the Ci~ Clerk October 11, 1988 File #137 Air. W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia I am attaching copy of a communication from Council Member David A. Bowers with regard to the hiring by the City of a lobbyist in the Washington, D. C. area to assist in discovering new funding sources which might be available to the City, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, September 26, 1988. On motion, duly seconded and adopted, the communication was referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 Municipa~ Building 21§ C~urch Avenue. S W ROanoke, l~rg~nia 24011 (703) 981-2541 Office of the Council September 23, 1988 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia RE: Liaison to Washington REVISED Deaf Mrs. Bowles and Gentlemen: As we approach Election Day 1988, it occured to me that there may be some radical changes for cities in America with the election of a new president, whether the presidency is held after January 20, 1989, by Michael Dukakis or George Bush. I believe there might be some new initiatives in areas of urban development, transportation, housing and other issues important to cities such as Roanoke. Accordingly, [ think it might be very important to have a liaison selected by the City to represent us directly in Washington. have in mind that we might need to hire a professional lobbyist who can discover the new funding sources which might be available to Roanoke, and then to assist us in lining up our requesls for those funds. There may be some cost incurred by hiring the pro- fessional in the D. C. area, but I believe he/she could ultima- tely find millions of dollars for the City~ and thus save our taxpayers millions of dollars. After a recent report on one of the television channels the other evening, it appears that the new president, whomever he may be, may begin developing his strategies for his first year in his administration right after election day. Therefore, I think it might be important for us to secure the services of a Washington liaison immediately. I would ask that this inquiry be placed on the agenda of Council so that it might be referred to the City Manager. I would ask that he respond at the first meeting of Council in October as to what his thoughts and recommendations are with regards to this proposal. Best personal regards. Sincerely, David A. Bowers Council Member DAB:fa:dab120 Room 456 Municipal Building 215 C~urch Avenue, SW. Roanoke, ",Arginla 240t I (703) 981-2541 Office of the City Clerk October 11, 1988 File #154 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Jr. Gentlemen: At a regular meeting of the Council of the City of Roanoke held on Monday, September 26, 1988, Mr. William Jones, 2904 Bradley Street, N. E., addressed Cv~ncil with regard to gasoline fumes emanating from a house next door to his residence, indecent expo- sure, and drinking in public. On motion, duly seconded and adopted, the to the City Manager for investigation and to the City Attorney to investigate legal expressed by Mr. Jones. complaint was referred report to Council; and aspects-of the concerns MFP: ra ~.,,.~ ~. ~Sincerely, Mary F. Parker, CMC City Clerk Ro,:.';' 456 M; ,~c,~,]l D,::,d:~ g 2!~ Ch,.ch A,,'en~e SW ~-.tc~]nc>ke virg~ma 24011 (703) 981-2541