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Council Actions 07-11-88
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL July 11, 1988 8:00 p.m. AGENDA FOR THE COUNCIL (29198) Garland Call to Order -- Roll Call. Mr. Fitzpatrick was absent. The invocation will be delivered by ~x~~x~h~mo~ex~x~x~W~x~x Mayor Taylor. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Introduction of Volunteers for the Homeless, Roanoke Workcamp. Ms. Jeri J. Suarez, Director of Special Services HoIlins College. Presentation by Mr. Calvin Johnson, MSC Manager, Post Master, Roanoke, Virginia. BIO ~PE___N. INGS Bids for Mudlick Creek Sanitary Sewer. Ten bids were referred to a committee composed of Messrs. Garland, Chairman, Kiser and Clark. PUBLIC HEARINGS A. Public hearing on a proposal to approve and adopt as an element of the City's Comprehensive Plan Section III, "South Roanoke Today," Section IV, "South Roanoke Tomorrow: Community Values and Objectives," and Section V, "Achieving the Vision: Action Strategies" of the South Roanoke Neighborhood Plan. Mr. Michael M. Waldvogel, Chairman, City Planning Commission. Resolution No. 29198. (6-0) B. Public hearing on the request of Mr. John B. Ferguson, Attorney, representing Mr. Harold B. Ferguson, that a tract of land containing 0.15 acre, more or less, located at 2315 Colonial Avenue, S. W., described as Official Ta~ No. 1270541, be rezoned from RM-i, Residential Multi-Family, Low Density District, to C-1, Office District. Mr. John B. Ferguson, Attorney. Ordinance No. 29199 on first reading. (6-0) C. Public hearing on the request of Mr. James D. Logan, III, Attorney, representing Mr. and Mrs. James E. Lyle, that a tract of land containing approximately one acre, more or less, located at the easterly corner of Bennington Street and Edgerton Avenue, S. E., described as Lots 15 17, respectively, Section 2, Revised Map (1) C-1 C-2 C-3 C-4 of Riverdale, Official Tax Nos. 4340807 4340809, respectively, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District. Mr. James D. Logan, III Attorney. , Ordinance No. 29200 on first reading. (6-0) O. Public hearing on the request of Mr. George I. Vogel, II, that a tract of land containing one acre, more or less, located at 332 Fugate Road, N. E., described as Official Tax No. 3101209, be rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District. Mr. George I. Vogel, II, Spokesman. Ordinance No. 29201 on first reading. (6-0) CONSENT AGENDA APPROVED (6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL B¢ REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended· RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Qualification of Mr. Jack C. Smith as a member of the Economic Development Commission for a term of three years ending June 30, 1991. RECOMMENDED ACTION: Receive and file. Qualification of Mr. R. P. Personnel and Employment Practices three years ending June 30, 1991. Shelor as a member of the Commission for a term of RECOMMENDED ACTION: Receive and fi le. Qualification of Mr. L. Graham Haynie as a member of the Economic Development Commission for a term of three years ending June 30, 1991. RECOMMENDED ACTION: Receive and file. (2) C-5 C-6 C-7 C-8 C-9 Qualification of Mr. John R. Larew as a member of the Personnel and Employment Practices Co~r~aission for a term of three years ending June 30, 1991. RECOMMENDED ACTION: Receive and file· Qualification of Ms. ~atherine M. McCain as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1991. RECOMMENDED ACTION: Receive and file. Qualification of Ms. Mozelle A. Scott as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1991. RECOMMENDED ACTION: Receive and file. A communication from Ms. Carol Services Citizen Board, advising of P. Surratt, Jr. A. Marchal, Chairman, the resignation of Mr. RECOMMENDED ACTION: Receive and file the communication accept the resignation with regret. A list of items pending from July 10, 1978 to June 1988. RECOMMENDED ACTION: Receive and file. Youth Harry and 27, REGULAR AGENDA Hearing of Citizens Upon Public Matters: a. Request to address Council regarding parking regulations in the City of Roanoke and more specifically in the downtown area. Mr. Lawrence M. Taylor. Referred to the City Manager for study, report and recommendation to Council. Petitions and Communications: None. Reports of Officers: a. City Manager: Briefings: None· Items Recommended for Action: 1. A report with regard to the Monterey Road, N. E. box culvert replacement· Budget Ordinance No. 29202. (6-0) A report with regard to the Coyner Springs STP - Treatment Improvements Consent Decree and Agreement with Botetourt County· Ordinance No. 29203. (6-0) (3) 3. A report recommending that Council amend Section 6-81(a) of the Code of the City of Roanoke, 1979, as amended, with reference to equine shelters~ Ordinance No. 29204. (6-0) 4. A report with regard to the City-State Agreement Glade View Drive, N. E. Ordinance No. 29205. (6-0) 5. A report recommending that Council authorize the grading of Glade View Drive, N. E., and appoint the City Engineer, as stipulated by Section 15.1-368, Code of Virginia, 1950, as amended, to determine damages, if any, to adjoining properties. Ordinance No. 29206. (6-0) 6. A report with regard to Office on Youth Orant 88-I-12. Budget Ordinance No. 29207 and Resolution No. 29208. (6-0) 7. A report with regard to the Service Delivery Area Agreement between the Fifth District Employment and Training Consortium and the Governor's Employment and Training Department for Program Year July i, 1988 June 30, 1989. Ordinance No. 29209. (6-0) City Attorney: I. A report with regard to readopting and reenacting the Code of the City of Roanoke, 1979, as amended. Ordinance No. 29210. (6-0) Director of Finance: A report requesting that Council hold a special meeting on Tuesday, July 12, 1988, at 11:00 a.m., for the pur- pose of receiving and publicly opening proposals for the purchase of $10,000,000.00 of Public Improvement Bonds. Resolution No. 29211. (6-0) 2. A report with regard to reappropriation of outstanding encumbrances as of June 30, 1988. (1) Budget Ordinance No. 29212; (2) No. 29213; (3) No. 29214; (4) No. 29215* 3. A report with regard to Direct Deposit of Payroll. Ordinance No. 29217. (6-0) Reports of Committees: Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 29197, on second reading, authorizing the execution of certain documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. Ordinance No. 29197. (5-0, Mr. Bowers abstaining.) Motions and Miscellaneous Business: a. Inquiries and/or comments by the Mayor and members of City Council. (4) 5.c.3. --- and (5) No. 29216. (6-0) 5.c.4. --- see page 5. be Vacancies on various authorities, committees appointed by Council. 10. Other Hearings of Citizens: 9.bo 5.c.4 boards, corr~aissions and Mr. William L. Profitt, 3545 Greenland Avenue, N. W,, complained about heavy vehicles using Greenland Avenue, and causing deteriora- tion to his residence. The matter was referred to the City Manager for investigation and report to Council.~ Appointed Beverly T. Fitzpatrick, Jr., as a member of the Fifth Planning District Commission. --- Adopted Budget Ordinance No. 29218 appropriating $217,140.00 in Capital fnnds, said funds to be used to meet safety requirements of the Virginia Public Building Safety Improve- ments Act as it applies to school buildings. (5) July 15, 1988 Office of the City C~erk File #200-488 Mr. Michael M. Waldvogel, Chairman Roanoke City Planning Commission Roanoke. Virginia Dear Mr. Waldvogel: I am attaching copy of Resolution No. 29198, approving and adopting portions of the South Roanoke Neighborhood Plan as an element of the City's Comprehensive Plan, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, MFP: sw Eno. pc: Mary F. Parker, CMC City Clerk Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Mr. Gene Elliott, 2720 Rosalind Avenue, S. W., Roanoke, Virginia 1302 Second Street, S. W., Roanoke, Virginia 3134 Allendale Street, S. W., Roanoke, 2306 Stanley Avenue, S. E., Roanoke, Virginia 125 23rd Street, S. E., Roanoke, Virginia 24014 Mr. William Tanger, 24016 Ms. Louise Forsyth, Virginia 24014 Ms. Virginia Shaver, 24014 Ms. Bertha Robertson, 24014 Room 456 Municipal Building 215 O~u~c:h Avenue, S.W. Aoano~e, Virginia 24011 (703) 98t-254t Mr. Michael M. Page 2 July 15, 1988 Waldvogel pc: Ms. Emma Grimm, 2313 Stanley Avenue., S. E., Roanoke, Virginia 24014 Ms. Dolly Hall, 2929 Carolina Avenue, S. W., Roanoke, Virginia 24014 Ms. & Mrs. Billy Frazier, 2210 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Ms. Diane Althouse, 2928 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Ed Harriman, 3939 Bancroft Drive, S. W., Roanoke, Virginia 24014 Ms. Jodi Shivkey, 530 Woods Avenue, S. W., Roanoke, Virginia 24016 ~s. Mary Pickett, 2784 Bluefield Boulevard, S. W., Roanoke, Virginia 24015 Ms. Andrew Bockner, 2536 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Ms. Effie Moore, 2524 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Mr. Harry Deuford, 2021 Nottingham Road, S. E., Roanoke, Virginia 24014 Ms. Marlene Preston, 2618 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. G. Hubbs, 460 Arbutus Avenue, S. W., Roanoke, Virginia 24014 Mr. Jerry Stanfield, South Roanoke Baptist Church, P. 0. Box 8116, Roanoke, Virginia 24014 Ms. Elizabeth Parker, 2609 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. William R. Holland, 2425 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Mr. Bob Copty, 3009 Burnleigh Road, S. W., Roanoke, Virginia 24014 Mr. Grady Spiegel, TAP, 702 Shenandoah Avenue, N. W., Roanoke, Virginia 24016 Mr. John Fulton, 505 24th Street, S. E., Roanoke, Virginia 24014 Mr. & Mrs. Norvell West, 2424 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Ms. Eula Rosenberger, 501 Darwin Road, S. E., Roanoke, Virginia 24014 Ms. Cheri Hartman, 2423 Stanley Avenue, S. E., Roanoke, Virginia 24014 Ms. Jean C. Quade, 2616 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. Michael M. Page 3 July 15, 1988 Waldvogel pc: Ms. Rebecca E. Ross, 2520 Nottingham Road, S. E., Roanoke, Virginia 24014 Mr. Joe Bear, 2510 Nottingham Road, S. E., Roanoke, Virginia 24014 Mrs. James A. Kelley, President, Junior League of the Roanoke Valley, 2420 Stanley Avenue, S. E., Roanoke, Virginia 24014 Mr. Gilbert Butler, 2416 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. & Mrs. James O. Trout, 2102 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Mr. ttenry B. Boynton, 3227 White Oak Road, S. W., Roanoke, Virginia 24014 Mr. & Mrs. H. B. Ewert, 2418 Cornwallis Avenue, S. E., Roanoke, Virginia 24014 Mr. James B. McCloskey, 2929 Avenham Avenue, S. W., Roanoke, Virginia 24014 Ms. Judy Gotham, President, Crystal Spring Elementary School, 2620 Carolina Avenue, S. W., Roanoke, Virginia 24014 Mr. John P. Bradshaw, 3101Stoneridge Road, S. W., Roanoke, Virginia 24014 Mr. William A. Sowers, 220 Darwin Road, S. W., Roanoke, Virginia 24014 Mr. & Mrs. David Goode, 2344 Woodcliffe Road, S. E., Roanoke, Virginia 24014 Mr. Bill Mangus, 2825 S. Jefferson Street, Roanoke, Virginia 24014 Ms. Kelly Crouch, 2530 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 Mr. Karl Ao Vandegriff, 2629 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Mr. David Farnum, 2918 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Ms. Elizabeth Parker, 2609 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Ms. Edith Cox, 2320 Stanley Avenue, S. E., Roanoke, Virginia 24014 Mr. Charles Coulter, 2212 Richelieu Avenue, S. W., Roanoke, Virginia 24014 Ms. Anna Minahan, 2421 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Mr. I. B. Reineman, 2825 Longview Avenue, S. W., Roanoke, Virginia 24014 Mr. John K. Marlles, Chief, Community Planning IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of July, 1988. No. 29198. VIRGINIA, A RESOLUTION approving and adopting portions of the South Roanoke Neighborhood Plan as an element of the City's Comprehensive Plan. WHEREAS, the Planning Commission has reviewed the South Roanoke Neighborhood Plan and has recommended that Sections III, IV and V of the Plan be adopted as an element of the City's Comprehensive Plan; and WHEREAS, the notice and public hearing requirements, required to be met by ~15.1-450, Code of Virginia (1950), as amended, before Council may adopt and approve an element of the Comprehensive Plan, have been met. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council approves and adopts as an element of the City's Comprehensive Plan Sections III, IV and V of the South Roanoke Neigh- borhood Plan, as certified to Council by the City Planning Commission. 2. The City Clerk is directed to transmit an attested copy of this resolution to the City Planning Commission. ATTEST: City Clerk. Roanoke City Planning Commission July 11, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: South Roanoke Neighborhood Plan I am pleased to submit the South Roanoke Neighborhood Plan to you for your consideration and adoption as an addition to the City's Comprehensive Plan. A public hearing on the plan was held on June 1, 1988, by the Planning Commission and was unanimously recommended for adoption by City Council. The plan is the first of three neighborhood plans to be completed this year and is the first step in continuing long-range planning for the City at a detailed neighborhood level. We feel that the plan accurately reflects the community issues and values in South Roanoke and establishes effective ways to address those issues. The South Roanoke Neighborhood Plan was developed through a series of three neighborhood workshops which focused on citizen participation and input. Like Roanoke Vision, the neighborhood plan is a product of people working in partnership with government to improve, maintain and enhance the quality of life in their neighborhoods and throughout the City. On behalf of the citizens of South Roanoke, I would like to thank you for the opportunity to plan for the future of the neighborhood. Respectfully submitted, Roanoke City Planning Commission MMW:mpf Enclosure cc: Assistant City Manager Assistant City Attorney Director of Public Works City Engineer Building Comissioner/Zoning Administrator Barbara N. Duerk, South Roanoke Neighborhood Roo~n 355 Municipal Building 215 Chur~ Avenue, SW~ Roanoke~ Virginia 24011 (703) 981~2344 A PLAN FOR ROANOKE'S NEIGHBORHOODS SOUTH ROANOKE OFFICE OF COMMUNITY PLANNING CITY OF ROANOKE, VIRGINIA IN THE PLANNING COMMISSION OF THE CITY OF ROANOKE, VIRGINIA THIS 1st DAY OF June, 1988 A RESOLUTION recommending the adoption of portions of the South Roanoke Neighborhood Plan as an element of the City's Comprehensive Plan. BE IT RESOLVED by the Planning Conm~is$ion of the City of Roanoke that it recommends to City Council that Section III, "South Roanoke Today" Section IV, "South Roanoke Tomorrow: Community Values and Objectives" and Section V, "Achieving the Vision: Action Strategies" of the South Roanoke Neighborhood Plan be adopted as an element of the City's Comprehensive Plan, and by the signature of its Chairman below hereby certifies the attached copy of such plan to City Council. ATTEST: Chairman TABLE OF CONTENTS I. Executive Summary Pa~e ] II. The Vision Process Roanoke Vision Neighborhood Workshops 2 III. South Roanoke Today A Neighborhood Within a City of Neighborhoods Neighborhood Statistics Neighborhood History Neighborhood Issues 3 3 4 6 IV. South Roanoke Tomorrow: Community Values & Objectives V. Achieving the Vision: Action Strategies Revised 5/26/88 SOUTH ROANOKE NEIGHBORHOOD PLAN I. EXECUTIVE SUMMARY The South Roanoke Neighborhood Plan is a continuation of Roanoke Vision, the City's twenty-year Comprehensive Development Plan. The plan was developed to provide more detailed information on the neighborhood and provide better guidance in making decisions which affect South Roanoke. The plan was developed by the residents of South Roanoke and City staff in a series of three neighborhood workshops. Issues in the neighborhood were identified, as well as neighborhood goals, and action strategies. In general, South Roanoke can be described as a neighborhood whose character should be maintained. The neighborhood has many assets, including Crystal Spring School, a neighborhood commercial district, beautiful recreation spaces, well-maintained homes, and tree-lined streets. Some of the issues in South Roanoke are: Zoning for multi-family development in single-family areas, protection of historic resources, parking and expansion of commercial offices in the neighborhood, and through traffic on interior neighborhood streets. Action strategies to address issues and achieve neighborhood goals will involve combined efforts of citizens, businesses and the City. One of the keys to their successful implementation is an effective neighborhood organization. Those actions proposed are scheduled for implementation over the next five years. - 1 - II. THE VISION PROCESS Roanoke Vision In 1986, ~be City adopted a Comprehensive Development Plan entitled Roanoke Vision which guides the City's future growth and development to the year 2005. The City Plan establishes certain planning and development actions to be undertaken by 1990 to achieve the goals, values, and direction set forth in the plan. One of the key actions necessary to implement the plan is the development of detailed neighborhood plans. Each plan provides specific information on neighborhood issues and opportunities and can be used as guides for making decisions on development and capital projects in the neighborhood. Vision: A Plan for Roanoke's Neighborhoods Planning for the City's future is a continuing process. Each neighborhood plan is a way of continuing and implementing the vision for Roanoke's future as a city of neighborhoods. Planning for each of the City's forty-five designated neighborhoods uses a participatory process that is based upon citizen involvement in identifying issues, goals, and developing solutions. This South Roanoke Neighborhood Plan was developed through a series of three workshops held at Crystal Spring Elementary School in January, February and March of 1988. The workshops focused on citizen comment and discussion on specific neighborhood issues and opportunities, including housing, schools, economic development, transportation, recreation, public services and environmental quality. The workshops provided information about South Roanoke, established neighborhood goals, and developed action strategies to achieve those goals and address issues. - 2- III. SOUTH ROANOKE TODAY A Neighborhood Within a City of Neighborhoods South Roanoke is one neighborhood in the overall fabric of neighborhoods ~at are our city. Each neighborhood benefits from the positive growth and development of the whole city yet, each neighborhood is unique. South Roanoke is a neighborhood of approximately 5,000 people located south of the Roanoke River and adjacent to Mill and Yellow Mountains. Its boundaries extend along Franklin Road and include the subdivisions known as Edgehill and Peakwood Hills. The neighborhood boundaries and its relationship to the City are shown in Figure 1. The neighborhood is minutes from the center of Downtown Roanoke and is a diverse community consisting of some of Roanoke's newest residential developments as well as some of Roanoks's oldest and architecturally significant homes. South Roanoke is a neighborhood of families who are proud of their tree lined streets, neighborhood school and parks. South Roanoke's unique neighborhood shopping center provides residents with a variety of products and services, and boasts of the last "Soda Fountain" in Roanoke. South Roanoke is a center for the Valley's medical community and includes Roanoke Memorial Hospital. Neighborhood Statistics Based on 1980 census information, 5,126 people live in South Roanoke, comprising 5.2 percent of the city's total population. The average age of residents in the neighborhood is 38.5, which is somewhat older than the city as a whole (33.0). Family income averages $30,669. Almost sixty six percent of the residents have lived in their homes for five years or more. Information describing South Roanoke is sum~arized in Table 1. Table 1 South Roanoke Statistics South Roanoke City Total Population No. of Households Median Age Median Income Total Housing Units 5,126 100,220 2,066 39,853 38.5 33.0 $30,669 $13,297 2,142 42,512 % population with 4 or more years of college % population between ages of 20 and 64 % population 65 years or older % population living in same house (5 years) % housing units owner-occupied Source: 50.8% 12.6% 54.9% 56.9% 20.0% 15.7% 67.5% 55.5% 70.5% 59.5% Neighborhood Statistics, 1980 Census of Population and Rousing - 3- 8000' FIGURE 1 ~SOUTH ROANOKE Neighborhood History Throughout the history of the Roanoke Valley, the South Roanoke neighborhood has had a strong recreational attraction for residents of the entire region.~ The views of the valley from the mountain sides are magnificent! The area is rich in the history and traditions of those very early citizens who left their indelible marks upon the co~mnunity. The following neighborhood history was compiled from historical publications on Roanoke and from interviews with Mrs. Jean Mosely and Mrs. Ivey Hubbard, long-standing residents of South Roanoke. Early 1700's Crystal Spring produced five million gallons of sweet, clean water a day, prior to Evan's Mill. 1755 Mark Evans was granted land embracing part of Mill Mountain and Crystal Spring. The Spring served as Roanoke's sole water supply. Daniel Evans established the first mill. 1782 The McClanahan family purchased the mill and mountain property which remained a landmark in the valley until it burned in 1886. 1850 John Trout purchased Yellow Mountain for the timber to supply cross-ties to the Virginia-Tennessee Railway. 1851 First Presbyterian Church established. Dedication of the present church on McClanahan was held June 23, 1929. 1855 The McClanahan family home was built on South Jefferson Street at McClanahan. The white oak tree in the center of the 2500 block of Carolina Avenue was grown on Elijah McClanahan's plantation and at last measurement was better than 120' in height. It is estimated to be about 400 years old, and through the efforts of M. Carl Andrews, the tree was named an Official Landmark by the Virginia Forestry Department in 1975. 1890's The iron bridge across the Roanoke River at Jefferson Street was planned and built. 1891 The mountain and Crystal Spring were obtained by the Roanoke Gas and Water Company. A carriage road along the southern edge of the mountain was built to the summit, where the company's most spectacular - 4 - resort hotel, Rockledge Inn, was developed. This became a favorite Saturday night gathering place and during the "Roaring Twenties" the parties of the Rockledge Inn German Club were unrivaled anywhere. The Inn also had many prominent visitors including Adlai E. Stevenson. 1893 Virginia College for Girls opened at top of Richelieu. This later became Harris Military Academy. Roanoke Hospital, the forerunner of Roanoke Memorial Hospital, was begun. This hospital replaced the community pesthouse. 1902 The Roanoke Railway and Electric Company constructed an amusement park on the northern side of the mountain. It was equipped with a roller coaster and a pavillion, and brought to Mill Mountain the beginning of its developed recreational facilities. Mill Mountain Park delighted Roanokers until the mid 1920's. 1907 A powerful search light was installed on the first Mill Mountain observation tower. A second observation tower was constructed in 1914, and the Peaks of Otter could be seen on clear days. This was a famous picnic area. 1909 Mill Mountain Incline, Inc. was chartered and two years later the Incline Railway was operational. Passengers paid fifty cents to reach the summit. This cleft in the mountain is visible yet today and is dotted by a series of power lines and poles. 1912 Fairacres, home of William C. Stevenson, was designed and built by Clay Franklin. Today, it is the home of the Roanoke Council of Garden Clubs. 1916 The City of Roanoke annexed the four-room frame school building that was Crystal Spring School from Roanoke County. The land of the present school site was purchased in 1918, and the construction contract was awarded in 1922. The new school opened its doors in September, 1924. A later addition was completed in 1950. 1923 Albert Joseph Bodker of New York designed and built Cherry Hill for E. M. Funkhouser, owner of Crystal Spring Water Company. From 1962 to 1982 it housed the Roanoke Fine Arts Center. It is owned today by Emerald Properties, a subsidiary of Roanoke Memorial Hospital. - 5 - 1924 First paved road up Mill Mountain was completed and opened to public on August 30. A toll gate stood at the first pronounced curve. 1929 Firehouse No. 8 was designed and constructed with neighborhood input. 1930's, 1940's 1950's J. B. Fishburn and his son J. P. Fishburn donated Mill Mountain to the City park systems and together with the Crystal Spring Land Company donated the land of South Roanoke Park. The Roanoke Merchants Association and the Chamber of Commerce raised the $27,000 to erect the Mill Mountain "STAR", which was first lit on Thanksgiving Eve, 1949. The grounds at the base of the star were landscaped by the garden department of the Roanoke Women's Club. 1952 The Roanoke Civitan Club, under a City Council steering committee's guidance, established the Children's Zoo on Mill Mountain. 1988 Like the early residents of South Roanoke, the present day citizens value the quiet, beautiful surroundings. The streets are lined with sidewalks and large majestic shade trees. Walkers and ru~ners of all ages enjoy daily exercise, and children walk to and from their neighbor- hood school, Crystal Spring. South Roanoke offers some of the best in city living. The neighborhood provides a sense of community and stability. About 45% of the residences were built prior to the 1940's and the remainder since 1970. These gracious and elegant homes include Colonials, Tudors, Spanish, large ranches and some contemporaries. Of special significance to South Roanoke neighbors, is the convenience of their neighborhood commercial area on Crystal Spring Avenue. It boasts a quaint neighborhood grocery and pharmacy with "old fashioned" bar stools and cherry cokes. Neighborhood Issues 1. Housing Facts: South Roanoke is primarily a single-family residential neighbor- hood. There are a limited number of duplexes, townhouses and apart- ments, which are located generally along Broadway, Stephenson, Longview and Crystal Spring Avenues. Other duplexes are scattered in the -6- neighborhood between 22nd Street and 29th Street. The existing land use and zoning of the neighborhood is illustrated in Figures 2 and 3. As shown on the map, zoning for the residential areas of South Roanoke is primarily Single-Family Residential. Multi-Family Residential is found generally south.of McClanahan to about 26th Street. Neighborhood Comments: Residents indicated that single-family houses are needed in the neighborhood and that the existing homes should be preserved as single-family structures (as opposed to conversion for a duplex) to encourage home-ownership for new families. Housing for elderly residents also is needed to provide for those wishing to remain or retire in South Roanoke. Apartments and condominums were identified as important in fulfilling this need. The design of new residential construction was identified as a concern. Maintaining the single-family residential character of the neighborhood is important. New construction should be compatible with the existing residences and compliment the neighborhood character. To protect the existing single family character, zoning changes from Multi-Family Residential (PM-l) to Single-Family are recommended for a portion of the neighborhood between 22nd Street and 26th Street. Other zoning changes to reduce the degree of multi-family development are recommended on the south side of Broadway (PM-2, Medium Density, to PM-l, Low Density, Multi-Family Residential District). 2. Commercial Development Facts: Commercial development in South Roanoke is concentrated on Franklin Road, on Crystal Spring Avenue and in the northern perimeter of the neighborhood in several blocks along McClanahan Street, Jefferson Street and 21st Street. Retail businesses occur along Franklin Road. Offices and medical-related facilities are prominent in the McClanahan area. Roanoke Memorial Hospital has three major facilities on Jefferson Street. The commercial district on Crystal Spring Avenue is a neighborhood center which provides needed personal and business services. Neighborhood Comments: The neighborhood commercial district is an asset to South Roanoke and is unique to the City. Continued protection of the district is advocated to preserve its character, size and services. Well-designed, new commercial development is encouraged on McClanahan Street and Franklin Road. Limited signage, landscaping, quality building design and sufficient parking are important features for new businesses. THIS MAP TO BE COLORED IN PRINTED DOCUMENT. COLORED MAp AVAILABLE AT PUBLIC HEARINGS. HM LM RM-1 Parking needs and the expansion of medical related facilities into residential areas are concerns of the neighborhood. An effective communication network between businesses and the neighborhood is essential to the successful co-existence of both. Future plans for expansion or ne~ facilities should be coordinated with neighborhood residents. Parking in or near the con~nerciai areas is a problem that needs further attention. 3. Industrial Development Fact: Ther~ is no major industry in the neighborhood. Neighborhood Cormnents: Although major industry is not located in the South Roanoke neighborhood, its presence in Roanoke is seen as critical to maintaining the quality of life in the neighborhood. The stability of the City, the neighborhood and the Valley is dependent on a diverse economic base. Industrial development should be promoted, encouraged and supported in the region. 4. Historic and Cultural Resources Facts: As is illustrated in the preceding discussion on neighborhood history, South Roanoke is rich in architecture and history. The neighborhood contains many fine structures of architectural significance, including Fairacres (Avenham Avenue), Fire Station Number 8 (Crystal Spring Avenue) and Cherry Hill (Carolina Avenue). Several recognized landmarks are located in the neighborhood. The Crystal Spring Pump Station is on the National Register of Historic Places and is located in Crystal Spring Park. Another unique landmark is a large oak tree located in the center of Carolina Avenue. The tree was on Elijah McClanahan's original plantation and is thought to be about 400 years old. In 1987, it measured 207 inches in circumference and was 100 feet tall. Other trees on the Roanoke Valley Big Tree Register that are worthy of note are: a 102-inch Elm tree at 2631 Stephenson Avenue, a 104-inch Gtnko tree at Crystal Spring School, a 103-inch Magnolia at 2912 Rosalind Avenue, a 172-inch White Oak at 2871 Jefferson Street, and a 159-inch Sycamore at 2601 Longv£ew Avenue. Neighborhood Comments: Historic district, H-i, designation is recommended for Cherry Hill and the large oak tree. Consideration also should be given to some of the other properties in the future. - 8- The neighborhood recognizes that a better inventory of historic resources is needed. Many areas of the neighborhood are unique in residential character, especially those areas constructed prior to 1940. Protection of some of these smaller homes is of concern to many residents in o~er to maintain the original character of the neighborhood. 5. Human Development and Public Safety Facts: South Roanoke, through its long history as an established City neighborhood, exhibits many public facilities including a fire station, an elementary school, and several recreational and open space areas. Several churches are located in the neighborhood, representing a diversity of religious faiths. Fire Station Number 8 is located on Crystal Spring Avenue and has served the neighborhood since 1929. Crystal Spring Elementary School, centrally located in the neighborhood on Carolina Avenue, has an enrollment of about 320 students. The school has an innovative foreign exchange program for its fifth and sixth grades, which is unique to the City school system and the Roanoke Valley. Renovations to the 1924 school facility are planned in the near future. The diverse medical co~anunity offers many services to residents of South Roanoke as well as the Valley. Roanoke Memorial Hospitals provides many services including health education, medical research and treatment, and human service and rehabilitation programs. Ronald McDonald House, a residential facility for families of patients needing frequent medical treatment, is located on Jefferson Street. Various independent medical offices also are located in the neighborhood. Neighborhood Comments: Fire Station Number 8 is an architectural landmark in the neighborhood that is considered one of the prides of the community. Crystal Spring Elementary School is an anchor in the neighborhood that is fundamental in maintaining the quality of life for residents. The neighborhood school is an asset to residents who feel strongly that the school and its programs should be supported, encouraged and improved. Additional recreational programs and opportunities are needed to address neighborhood youth activity needs (i.e., outdoor play) as well as educational needs. Expansion needs of the facility also are of concern to residents. Future planning for physical expansion of the school and its programs is recommended. 6. Parks and Recreation Facts: Parks in the neighborhood include Crystal Spring Park and Fern Park. South Roanoke Park and Mill Mountain Park are located on the perimeter of the neighborhood. Neighborhood Comments: Parks and open spaces are important issues in the neighborhood. The quality of life in the community is directly related to the recreational amenities within walking distance of residents' homes. South Roanoke takes pride in its family atmosphere and the recreational opportunities which are available to foster family activities. Better maintenance of recreational facilities and provision for a limited amount of play activities are recommended for Fern Park. More open space for informal play activities is needed in the neighborhood. Parking problems were identified in Crystal Spring Park, although it was acknowledged that the parking for park use only was difficult to enforce. 7. Transportation Facts: South Roanoke has several arterial streets that carry both neighborhood and through traffic. These streets are Jefferson Street, McClanahan Street, Broadway, Yellow Mountain Road and Avenham Avenue. Traffic in the commercial corridor along Jefferson, McClanahan and Broadway affects the perimeter of the neighborhood. Traffic on Avenham and Yellow Mountain Road, however, passes through the interior of the residential neighborhood. In 1986, the traffic volumes for these streets were approximately 2,000 vehicles per day for Yellow Mountain Road and as many as 6,700 vehicles per day for portions of Avenham Avenue. Both streets are operating at an acceptable level of traffic service and are below established carrying capacities. The 1995 Thoroughfare Plan for the Roanoke Valley recommends the improvement of Yellow Mountain Road to a right-of-way width of 24 feet. This planned improvement is not a priority project by the City and is not presently programmed for implementation. Parking for medical facilities and other businesses is limited in the neighborhood. On-site parking for the medical community generally is not adequate to service needs. This has resulted in conflict between the commercial and residential community. Neighborhood Comments: Through traffic on Avenham Avenue and Yellow Mountain Road is a concern of the neighborhood. The residential integrity of the two streets must be encouraged and protected. Every effort should be made to discourage through traffic on Avenham Avenue and to provide for the - 10- safety of pedestrians and residents on the street. The residential character of Yellow Mountain Road must be protected as well. Widening the street is strongly opposed by residents. Serious concern is expressed for any future major development beyond the Blue Ridge Parkway because of the pi0tential impact of increased traffic volumes on the neighborhood. South Roanoke residents recognize the need for parking for com~ercial users and have indicated their willingness to work with businesses, the medical community, and Roanoke Memorial Hospitals to minimize parking conflict in the neighborhood. Cooperation and coordination of the neighborhood and business community is needed for both to live beneficially in South Roanoke. Additional parking space and facilities are needed. One alternative that should be pursued is a residential parking permit system on residential streets. 8. Utilities Facts: Public water and sewer service are available to South Roanoke. Natural gas is available for a portion of the neighborhood. Neighborhood Comments: Natural gas lines should be extended to service more of the neighborhood. 9. Environmental Quality Facts: South Roanoke is a neighborhood of attractive, well maintained homes on tree-lined streets. Sidewalks provide easy access to neighborhood parks, the school, and convenient shopping for most essential needs. The neighborhood is viewed as stable and provides a friendly atmosphere for residents. The Roanoke River and Mill Mountain are important natural resources of the neighborhood which provide visual and recreation opportunities to the residents. While the river zs an asset, it also has been the subject of much concern. The river experienced major flooding in 1972, 1976 and 1985. Many industries along the river were affected, including Roanoke Memorial Hospital. Neighborhood Comments: The tree-lined streets of the neighborhood are important characteristics that demonstrate a sense of place, pride, and good quality of life. A tree planting and replacement program is needed to maintain the quality of life that has developed over the years. Trees must be planted or replaced on a continuing basis to maintain the environmental quality for future generations. - 11- Likewise, attractive gateway entrances into the neighborhood are important. The entrances into South Roanoke should be improved. Landscaping and general clean-up of streetscapes are recommended along Jefferson Street near Reserve Avenue, and Franklin Road at McClanahan and Broadway. ~venham Avenue and Penarth Road are additional gateways that should be considered for landscaping. Flooding along the river is a concern for South Roanoke. It is important that aesthetic and recreational qualities of the river also be considered in any plans for flood control. The river is a unique resource that should be protected and utilized for its recreational opportunities. Many sidewalks in the neighborhood were constructed when craftsmen personalized their work with signature plates. Some of these plates still exist in South Roanoke. Any future repair should protect these features. Sidewalk was identified as being needed in the 2600 block of Rosalind Avenue. - 12- IV. SOUTH ROANOKE TOMORROW: COMMUNITY VALUES AND OBJECTIVES As Roanoke moves into the next century, South Roanoke residents must work together with other neighborhoods to make Roanoke a home for new families and new businesses. By strengthening and maintaining the neighborhood f~ric of our City, Roanoke will provide an inviting and positive ground for new growth. The South Roanoke Neighborhood has adopted the following community values and objectives to guide the neighborhood's future. These values and objectives are: The community values identified in Roanoke Vision, the City's Comprehensive Development Plan 1985-2005, for neighborhoods, human development, city services, and economic development are supported by the South Roanoke neighborhood. The unique neighborhood character and quality of life of South Roanoke should be maintained and protected. o The history of South Roanoke and the architecture of the neighborhood are important features which should be acknowledged and protected. Gateway entrances into South Roanoke are important to the neighborhood. They should be improved and landscaped to reflect the same environmental quality found in the neighborhood. New development and construction in the neighborhood should be compatible in design and scale with the existing residential and commercial community. The environmental character of the surrounding area and the neighborhood should be protected, enhanced, and maintained through good land planning and design. The zoning in the neighborhood should better reflect the existing use of the land. Consideration should be given to changes in the existing multi-family residential zoning for portions of the neighborhood. Parks and open space are important features of South Roanoke and should be protected, maintained and enhanced. Historically, Mill Mountain, the Roanoke River and the peripheral neighborhood parks have provided aesthetic and recreational enjoyment to residents of South Roanoke and the City as a whole. Wise use of these resources is essential to maintaining the quality of life for all citizens. Crystal Spring Elementary School is an important asset to South Roanoke. The neighborhood school should be maintained and opportunities pursued for better programs and improved facilities to serve the neighborhood. - 13- 10. i1. 12. 13. 14. 15. The Crystal Spring neighborhood shopping area is important to South Roanoke and should be maintained and supported as a valuable economic and neighborhood resource. The neighborhood commercial area should have clearly defined boundaries and shoul~ not encroach into adjacent residential areas. The pedestrian orientation and scale of the commercial area should be maintained. Commercial, medical and institutional uses in the neighborhood should have clearly defined boundaries and should not encroach into adjacent residential areas. As good neighbors, every effort should be made to improve communication and cooperation between the neighborhood and the business community. The residential integrity of neighborhood streets should be protected. Through traffic should be minimized to the extent possible and traffic management strategies designed to promote safe vehicular and pedestrian access. Parking on residential streets for commercial purposes is a neighborhood concern. Alternatives should be pursued to better address the parking issue. The residential character of Yellow Mountain Road should be protected. Yellow Mountain Road should be maintained within its present right-of-way and should not be widened. Recreational opportunities along the Roanoke River should be enhanced. Flood reduction measures should preserve the aesthetic and recreational qualities of the river. Churches are important landmarks in South Roanoke. They are valuable resources to the neighborhood and provide many opportunities for worship, community service and recreation. Their contributions to the neighborhood should be acknowledged. South Roanoke encourages the diversification of Roanoke's economic base. The stability of the City, the neighborhood and the Roanoke Valley is dependent on continuing support for the existing business community and the establishment of new businesses in the area. - 14 - V. ACHIEVING THE VISION: ACTION STRATEGIES The following action strategies establish a framework in which to carry out the goals and objectives for the neighborhood and to address needs in the cemmunity. These action strategies are intended to be guidelines for implementing the neighborhood plan. Their success requires the combined effort of neighborhood citizens, businesses, the financial community and appropriate public departments and officials. Time schedules of when to begin activities reflect the neighborhood's priority of tasks to be undertaken. Further prioritization is expected in the future based on neighborhood participation, financial resources and the availability of technical assistance that may be required. The Primary Action Strategies for South Roanoke are illustrated in Figure 4. They include proposed zoning changes, areas targeted for improvement, and areas to be protected. - 15- J -17- -18- Ab NUMBER - o£217620 PUBLISHEA'S FEE - ~63.5~ C/O MAAY F PAAKEA KOANUKE VA Z~Oll STATE OF VIA~tNIA CITY DF ~OANGKE AFFIUAvIT OF PUbLICATiON I, (THE UND:RSi~N~u) AN OFF1CcA OF TiMES-~OALD CORPORATION, NHiCH COR- POKATI~N IS PUBLISHER UF THE &OANOKm TIMES & ~O~LU-NE~S~ A DAILY NEWSPAPER PUSLISHEU IN AuANOKE~ iN lHE STATE OF V~A~INIA~ ~ CERTIFY THAT TH~ ANNEX~ NOTICE WAS PUBLISHED IN SAiD NEw~PAPEAS ON THE FOLLumlNb DATES 07/01/88 MURNtN~ DFFiCER~S SiGNaTUrE NOTICE OF PUBLIC HEARING TO WHOM IT ~AY CONCERN: The Council of the City of Roanoke will hold a public hearing on Monday, July 11, 1988, at 8:00 p.m., or as soon thereafter as the matter may be heard, in the Council Cham- ber in the Municipal Building, 215 Church Avenue, S.W., on a proposal to approve and adopt as an element of the City's Comprehensive Plan Section III, "South Roanoke Today," Sec- tion IV, "South Roanoke Tomorrow: Community Values and Objectives,', and Section V, "Achieving the Vision: Action Strategies,, of the South Roanoke Neighborhood Plan. A copy of the Plan 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 22nd day of June, 1988. Mary Please publish in full twice, once on Friday, June 24, 1988, and once on Friday, July 1, 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 F. Parker, City Clerk Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City C~en~ June 22, 1988 ~ir. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: 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 has been scheduled for Monday, July 11, 1988, at 8:00 p.m., on the South Roanoke Neighborhood Plan. The public hearing will be held in the Council Chamber, Fourth floor of the Municipal Building. For your information, I am enclosing copy of a notice of the public hearing and a Resolution approving and adopting portions of the Plan, which were prepared by the City Attorney's Office. Please review the Resolution and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. ,~l~i)~.~.~,~Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: Ms. Barbara Duerk, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Mr. Gene Elliott, 2720 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Mr. William Tanger, 1302 Second Street, S. W., Roanoke, Virginia 24016 Ms. Louise Forsyth, 3134 Allendale Street, Roanoke, Virginia 24024 Ms. Virginia Shaver, 2306 Stanley Avenue, S. E., Roanoke, Virginia 24014 Ms. Ber. tha Robertson, 125 23rd Street, S. E., Roanoke, Virginia 24014 Room 456 Munk:i~:x:~l Building 215 Church Avenue, S.W. Roanc:~e, Virginia 24011 (703) 981-2541 Mr. Michael M. Waldvogel Page 2 June 22, 1988 Ms. Emma Grimm, 2313 Stanley Avenue, S. E. Roanoke, Virginia 24014 ' Ms. Dolly Hall, 2929 Carolina Avenue, S. W. Roanoke, Virginia 24014 ' ,lis. & Mrs. ~illy Frazier, 2210 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 ' Mr. & Mrs. Douglas Althouse, 2928 Wycliffe Avenue S. W. Roanoke, Virginia 24014 ' ' Ufo & Uts. Ed ftarriman, 3939 Bancroft Drive S. W. Roanoke, Virginia 24014 ' ' ~fs. Jodi Shivkey, 530 Woods Avenue, S. W. Roanoke, Virginia 24016 ' ~s. Mary Pickett, 2784 Bluefield ~oulevard, S. W. Roanoke, Virginia 24015 ' ~Us. Andrew Bockner, 2536 Cornwallis Avenue S. E., Roanoke, Virginia 24014 ' ,Us. Effie Moore, 2524 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 ' Mr. Harry Deuford, 2021 Nottingham Road, S. E. Roanoke, Virginia 24014 ' Ms. Marlene Preston, 2618 Wycliffe Avenue, S. W. Roanoke Virginia 24014 ' ' Mr. & ~rs. Go Hubbs, 460 Arbutus Avenue, S. W. Roanoke, Virginia 24014 Mr. Jerry Stanfield, South Roanoke Baptist Church, P. O. 8116, Roanoke, Virginia 24014 ,Us. Elizabeth Parker, 2609 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 ' Mr. William R. Holland, 2425 Rosalind Avenue S. W. Roanoke, Virginia 24014 ' ' Mr. Bob Copty, 3009 9urnleigh Road, S. W. Roanoke, Virginia 24014 ' Mr. Grady Spiegel, TAP, 702 Shenandoah Avenue, N. W. Roanoke, Virginia 24016 Mr. John Fulton 505 24th Street S. E. Roanoke, Virginia 24014 ' ' Mr. & Mrs. Norvell West, 2424 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 ' Roanoke, Roanoke, Roanoke, Ms. Eula Rosenberger, 501 Darwin Road, S. E. Virginia 24014 ' Ms. Cheri Hartman, 2423 Stanley Avenue, S. E. Virginia 24014 ' Ms. Jean C. Quade, 2616 Wycliffe Avenue, S. W., Virginia 24014 Mr. Michael ~. Waldvogel Page 3 June 22, 1988 pc: ~s. Rebecca Eo Ross, 2520 Nottingham Road, S. E. Roanoke, Virginia 24014 Mr. Joe Bear, 2510 Nottingham Road, S. E. Roanoke, Virginia 24014 ' ^{s. James A. Kelley, President, Junior League of the Roanoke Valley, 2420 Stanley Avenue, S. E., Roanoke, Virginia 24014 Mr. Gilbert Butler, 2416 Wycliffe Avenue, S. W. Roanoke Virginia 24014 ' ' Mr. & ,Urs. James O. Trout, 2102 Stephenson Avenue, S. W. Roanoke, Virginia 24014 ' Mr. Henry B. Boynton, 3227 White Oak Road, S. W. Roanoke, Virginia 24014 ' Mr. & ,Uts. H. 8ern Ewert, 2418 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Mr. James B. McCloskey, 2929 Avenham Avenue, S. W. Roanoke, Virginia 24014 ' .~s. Judy Gotham, President, Crystal Spring Elementary School, 2620 Carolina Avenue, S. W. Roanoke, Virginia 24014 ' Mr. John ~radshaw, 310I Stoneridge Road, S. W. Roanoke Virginia 24014 ' ' Ur. William Sowers, 220 Darwin Road, S. W. Roanoke, Virginia 24014 ' ~r. & ~rs. David Goode, 2344 Woodcliffe Road, S. E. Roanoke, Virginia 24014 ,~r. Bill Mangus, 2825 South Jefferson Street Roanoke, Virginia 24014 ' Ms. Kelly Crouch, 2530 Crystal Spring Avenue S. W. Roanoke, Virginia 24014 ' ' Mr. Karl A. Vandegriff, 2629 Wycliffe Avenue So W. Roanoke, Virginia 24014 ' Mr. David Farnum, 2918 Rosalind Avenue, S. W. Roanoke, Virginia 24014 ,Us. Elizabeth Parker, 2609 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Ms. Edith Co~, 2320 Stanley Avenue, S. E. Roanoke Virginia 24014 ' ~r. Charles Coulter, 2212 Richelieu Avenue S. W. Roanoke, Virginia 24014 ' ,Us. Anna Minahan, 2421 Rosalind Avenue S. W. Roanoke, Virginia 24014 Mr. I. ~. Heineman, 2825 Longview Avenue, S. W. Roanoke Virginia 24014 ' Ur. Michael M. Waldvogel Page 4 June 22, 1988 ~s. Lavinia Zerbee, 2412 Stanley Avenue, S. E., Roanoke, Virginia 24014 Mr. & ~rs. Claude Reynolds, 2655 Nottingham Road, S. E., Roanoke, Virginia 24014 Hr. Paul Buford, 3718 Bosworth Drive, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Beverly T. Fitzpatrick, Jr., 10 - 27th Street, S. W., Roanoke, Virginia 24014 Mr. & Mrs. Michael Capasso, 3230 Avenham Avenue, S. W. Roanoke, Virginia 24014 Mr. Bill Poe, 2501 Crystal Spring Avenue, S. W., Roanoke Virginia 24014 Mr. Bittle Porterfield, 2436 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Mr. Michael M. Waldvogel, 3526 Penarth Road, S. W., Roanoke Virginia 24014 .~ts. Mary Elizabeth Kepley, 2902 Morrison Street, S. E. Roanoke, Virginia 24014 ~r. Bill Martin, 2511 Carolina Avenue, S. W., ~oanoke Virginia 24014 .Hr. Robert Fetter, 2923 Carolina Avenue, S. Wo, Roanoke Virginia 24014 HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL, I AM VERY PLEASED TO BE HERE BEFORE YOU THIS EVENING TO PRESENT THE SOUTH ROANOKE NEIGHBORHOOD PLAN. THE PLAN IS A CONTINUATION OF THE CITY'S COMPREHENSIVE PLAN, ROANOKE VISION, AND IS THE FIRST OF THREE NEIGHBORHOOD PLANS TO BE UNDERTAKEN THIS YEAR. THE SOUTH ROANOKE NEIGHBORHOOD PLAN WAS DEVELOPED BY THE RESIDENTS OF SOUTH ROANOKE AND CITY STAFF IN A SERIES OF THREE NEIGHBORHOOD WORKSHOPS TO IDENTIFY SPECIFIC ISSUES AND OPPORTUNITIES IN THE NEIGHBORHOOD, ESTABLISH GOALS FOR THE NEIGHBORHOOD, AND DEVELOP ACTION STRATEGIES TO ADDRESS THOSE ISSUES AND GOALS. THE PLAN REPRESENTS THE INITIAL STEP IN CONTINUING THE PLANNING AND DEVELOPMENT ACTIONS RECOMMENDED BY ROANOKE VISION AND PROVIDES MORE DETAILED INFORMATION ON THE NEIGHBORHOOD TO GUIDE US IN MAKING DECISIONS AFFECTING SOUTH ROANOKE AND IN ALLOCATING FUTURE FINANCIAL RESOURCES FOR NEEDED PROGRAMS AND CAPITAL IMPROVEMENTS. IN SUMMARY, THE SOUTH ROANOKE NEIGHBORHOOD PLAN ADVOCATES THE MAINTENANCE, ENHANCEMENT, AND PROTECTION OF THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD AND RECOMMENDS A NUMBER OF STRATEGIES TO ACHIEVE THE GOALS FOR THE FUTURE. THESE STRATEGIES ARE SUMMARIZED IN THE ACTION STRATEGY MAP WHICH IS DISPLAYED ON THE WALL FOR YOUR TONIGHT AND INCLUDES SUCH ITEMS AS LOCATIONS FOR NEIGHBORHOOD GATEWAY BEAUTIFICATION, IMPROVED RECREATION AREAS, TRANSPORTATION CORRIDORS IN NEED OF FURTHER STUDY, HISTORIC PROPERTIES, AND PROPOSED ZONING CHANGES TO CORRELATE EXISTING LAND USES WITH THE APPROPRIATE ZONING CATEGORY. THESE ACTION STRATEGIES ARE GUIDELINES FOR IMPLEMENTING THE FUTURE PLANS FOR SOUTH ROANOKE. THEIR SUCCESS REQUIRES THE COMBINED EFFORT OF NEIGHBORHOOD CITIZENS, BUSINESSES, THE FINANCIAL COMMUNITY AND APPROPRIATE PUBLIC DEPARTMENTS AND OFFICIALS. ALREADY THE SOUTH ROANOKE NEIGHBORHOOD PLAN IS BEING IMPLEMENTED THROUGH CITIZENS WHO ARE PRESENTLY WORKING WITH CITY STAFF AND THE ROANOKE NEIGHBORHOOD PARTNERSHIP TO ACHIEVE GOALS THEY HAVE SET FOR THEIR COMMUNITY. SUCCESSFUL IMPLEMENTATION OF ROANOKE VISION AND THE FORTHCOMING PLANS FOR ROANOKE'S NEIGHBORHOODS WILL REQUIRE A COMMITMENT OF THE CITY RESOURCES TO CONTINUE ADDRESSING COMMUNITY NEEDS, GOALS AND FUTURE PLANNING. WE ARE FORTUNATE THAT OUR CITY HAS ACHIEVED NATIONAL ACCLAIM IN THE AREAS OF PLANNING AND CITIZEN PARTICIPATION. PARTNERSHIP BETWEEN CITIZENS AND GOVERNMENT IS ESSENTIAL AND LIKE ANY BUSINESS ENTITY, WE EXPERIENCE GROWTH AND NEW CHALLENGE. THE FUTURE FOR OUR NEIGHBORHOODS IS BRIGHT. FOR SOUTH ROANOKE, THE NEIGHBORHOOD PLAN PROVIDES A BETTER GUIDE FOR THE FUTURE . . . FOR THE COMMUNITY AND THE CITY AS A WHOLE. AS CHAIRMAN OF THE ROANOKE CITY PLANNING COMMISSION, I RESPECTFULLY REQUEST THAT YOU ADOPT THE SOUTH ROANOKE NEIGHBORHOOD PLAN AS AN ELEMENT OF THE CITY'S COMPREHENSIVE PLAN. IN THE NEAR FUTURE, WE HOPE TO BRING TO YOU MORE SPECIFIC RECOMMENDATIONS FOR ZONING CHANGES IN THE NEIGHBORHOOD Office of the Mayor July 7, 1988 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, co~issions and committees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. Sincerely, C. Taylvr~ Mayor NCT:sw Room 452 Municipal Building 215 Church Avenue, S.W. Roanoke, V]rginia 24011 (703) 981-2444 Or, ce of ~he City C~e~ July 15, 1988 File #450-15 Mr. James O. Trout, Chairman Economic Development Corr~nission 2102 Stephenson Avenue, $. W. Unit 18 Roanoke, Virginia 24014 Dear Mr. Trout: This is to advise you that Jack C. Smith has qualified as a member of the Economic Development Commission for a term of three years ending June 30, 1991. Sincerely, MFP:sw pc: Mr. Brian J. Wishneff, Mary F. Parker, CMC City Clerk Chief, Economic Development Room 456 Municipal Building 215 C~urch A',~nue, S.W. Roanoke, ',/Irginla 24011 (?03) 98t-2541 0-2 Oath or Affirmation of Office I, , do solemnly swear (or ~) that I w~l sup~rt the Constitution of the United S~tes, and the Constitution of the State of Virginia, and that I w~l faithfully and impa~ially discharge and ~dorm all the duties incumbent u~n me as a ~a~!~e~ o~ the Econ. omic Development Commission for a term mi three years ending June 30, 199l. Subscribed ,nd sworn to before me, thio ~ _~/ay of~ z/ ~Y Office of the City Cle~ June 29, 1988 File #450 Mr. Jack C. Smith 201 Park Crest Road, S. W. Roanoke, Virginia 24014 Dear Mr. Smith: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reelected as a member of the Economic Development Commission for a term of three years ending June 30, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincere ly, /J Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. James O. Trout, Chairman, Economic Development Commission · Room456 Municil:~alBuildlng 215~urchAve~ue.S.W. Roanoke, Vtrglnla24011 (703)98t-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 20th day of June, 1988, JACK C. SMITH was reelected as a Member of the Economic Development Cor~nission for a term of three years, ending June 30, 1991. Given under my hand and the seal of the City of Roanoke this 29th day of June, 1988. City Clerk Office of ~he City Clerk July 15, 1988 File #202-15 Mr. Frederick L. Bulbin, Chairman Personnel and Employment Practices Commission 2620 Richelieu Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Bulbin: This is to advise you that R. P. Shelor has qualified as a member of the Personnel and Employment Practices Cor~ission for a term of three years ending June 30, 1991. Sincerely, MFP:sw pc: Mr. Earl B. Reynolds, Mary F. Parker, CMC City Clerk Jr., Acting Personnel Manager Room456 MunlclpolBuildlng 215 0nurch Avenue. S.W. Roanoke, Virg~nta24011 (703)98t-2541 0-2 Oath or Affirmation of Office 8tat~ of Virginia, Cirri of Roanoke, to.u~t: I, P.. P. Shelor . do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a ~er~ber of the Personuel and Employmemt Practices Commission for a term of three years ending, June 30, 1991. according to the best of my ability. Subscribed and sworo to before me, thi~ So help me God. ~ / , 'ri , p y Clerk Office of ~he City Cler~ June 29, 1988 File #15-202 Mr. R. P. Shelor 2515 Carlton Road, S. W. aoanoke, Virginia 24015 Dear Mr. Shelor: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reelected as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely,~.~, d~ ~' Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: Mr. Earl Management Reynolds, Jr., Acting Manager, Personnel ROOm 456 Municipal Building 215 (~urch Rve~ue, S.W. Roanoke, Virg,nla 24011 (703) 981-2541 COMMO~qEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 20th day of June, 1988, R. P. S~ELOR was reelected as a Member of the Personnel and Employment Practices Commission for a term of three years, ending June 30, 1991. Given under my hand and the seal of the City of Roanoke this 29th day of June, 1988. City Clerk O~c~ o~ ~he City CI~ July 15, 1988 File #450-15 Mr. James O. Trout, Chairman Economic Development Commission 2102 Stephenson Avenue, S. W. Unit 18 Roanoke, Virginia 24014 Dear Mr. Trout: This is to advise you that L. of the Economic Development ending June 30, 1991. Graham Haynie has qualified as a member Commission for a term of three years Sincerely, MFP:sw pc: Mr. Brian J. Wishneff, Mary F. Parker, CMC City Clerk Chief, Economic Development Room 456 Municipal Building 215 (~urch A',~ue, S.W. Roanake, Virginia 24011 (703) 981-2541 Oath or Affirmation of Office 8toto ot Vi~'~inia, Oit~/ o~ Roanoke, to .~it: I, T . qr.:~= 'qa-;~' ~ e , do ~lemnly swear (or a~) ~at I wilt sup~ the Constitution of the United S~tes, and the Constitution of the State of Virginia, and that I w~l faithfully and impa~ially discharge and ~orm all the duties incumbent upon me aa a '.~:~ of th,~ ~]c~nn.~[c. ~evelopment (,ollmissloc for a terla of three 7earn e ~ ~ June 30 1991 according to the best of my ability. So help me God. Subscribed and sworn to before me, this Office of the City Clerk June 29, 1988 File #450 Mr. L. Graham Haynie 2343 Circle Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Haynie: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reelected as a member of the Economic Development Commission for a term of three years ending June 30, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely,~ d,~ ~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. James O. Trout, Chairman, Economic Development Commission Room 456 .Munlci!0al Building 215 Church Avenue, S.W. Roanoke, Vir91nia 2401 ~1 (703) 981-254~1 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANO~(E ) I, Mary F. Parker, City Clerk, Council of the City of Roanoke and do hereby certify that at a regular meeting of Council held on the 20th day of June, 1988, L. GRAHAM HAYNIE was reelected as a Member of the Economic Development Commission for a term of three years, ending June 30, 1991. Given under my hand and the seal of the City of Roanoke this 29th day of June, 1988. and as such City Clerk of the keeper of the records thereof, City Clerk Office of r~e 0~, Cie~ July 15, 1988 File #202-15 Mr. Frederick L. Bulbin, Personnel and Employment Corr~ission 2620 Richelieu Avenue, $. Roanoke, Virginia 24014 Chairman Practices W. Dear Mr. Bulbin: This is to advise you that John R. Larew has qualified as a member of the Personnel and Employment Practices Co~ission for a term of three years ending June 30, 1991. Sincerely, MFP:sw pc: Mr. Earl B. Reynolds, Mary F. Parker, CMC City Clerk Jr., Acting Personnel Manager Room456 MunlclpalBullding 215(~urchAve~nue, S.W. Roanoke, Virg~nla24011 (703)981-2541 Oath or Aff, rmC~t,o~~ ~f':Office State ot Virginia, Oity o] Roanoke, to .~oit: I, ,lc, h~ 1~.. [,arev , do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me aa a ~e:ab~r of the Peraounel at~d Emp].oyraent ~racticeg Co~r~i~sion for a term of three years endin~ June 30, 19c~1. Office of the City Clerk June 29, 1988 File #15-202 Mr. John R. Larew 3305 Grandin Road, S. W. Roanoke, Virginia 24018 Dear Mr. Larew: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988w you were reelected as a member of the Personnel and Employment Practices Corrgni$$ioa for a term of three years ending June 30, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Earl Management B. Reynolds, Jr., Acting Manager, Personnel Room 456 Municipal Building 215 O'lun::h Avenue, S.W. Roanoke, V~rglnlcl 240t I (703) 981-2541 COMMO~qEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Council of the do hereby certify that at a regular meeting of Council held on the 20th day of June, 1988, JOHN R. LAREW was reelected as a Member of the Personnel and Employment Practices Commission for a term of three years, ending June 30, 1991. Given under my hand and the seal of the City of Roanoke this 29th day of June, 1988. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, City Clerk July 15, 1988 File #304-15 Mrs. Carol A. Marchal, Chairman Youth Services Citizen Board 2320 Mt. Vernon Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Marehal: This is to advise you that Katherine M. McCain has qualified as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1991. Sincerely, MFP:sw pc: Mrs. ~arion V. Crenshaw, Mary F. Parker, CMC City Clerk Youth Planner Room 456 Munlcil:)al Building 215 C~urch Av~'~ue, S.W. Roanoke, Virginia 24011 (703) 981-2541 0-2 Oath or Affir~fi°n of Office I, Katheri ne M. ~,IcCai n ., do solemnly swear (or affirm) that I will support the Constitution of the United States. and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board for a tern, of three years ending May 31, 1991, according to the best of my ability. Subscribed and sworn to before ~ne, this So help me God. / ._day of Office of the City Cle~ May 25, 1988 File #15-304 Ms. Katherine M. McCain 839 Grayson Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. McCain: At a regular meeting of the Council of the City of Roanoke held on Monday, ~ay 23, 1988, you were reelected as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reelected. Sincerely, /j~.~.~ Mary F. Parker, CMC City Clerk MFP: r a pc: Ms. Carol B. ~iarchal, Chairman, Youth Services Citizen Board, 2320 Mount Vernon Road, S. W., Roanoke, Virginia 24015 his. Marion V. Crenshaw, Youth Planner Room 456 Municipal Building 215 C~urch A~'~ue, S.W. Roanoke, ~rglnla 240t I (703) 981-2541 STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 23rd day of May, 1988, KATHERINE M. MCCAIN was reelected as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1991. Given under my hand and 25th day of May, 1988. the Seat of the City of Roanoke this City Clerk Office of the City (3erk July 15, 1988 File #202-15 Mr. Frederick L. Bulbin, Personnel and Employment Commission 2620 Richelieu Avenue, Roanoke, Virginia 24014 Chairman Practices W. Dear Mr. Bulbin: This is to advise you that Mozells A. Scott has qualified as of the Personnel and Employment Practices Corrgnission for a three years ending June 30, 1991. Sincerely, a member term of MFP:sw pc: Mr. Earl B. Reynolds, Mary F. Parker, C~IC City Clerk Jr., Acting Personnel Manager 456 Municipal Building 2t50~uro9 Avenue, S.W. Roano4e, ',~rcjin~ 2401 "1 (703) 981-254'~ 0-2 Oath or Affirmation Offlce &tare ot Virginia, City oJ Roanoke, to I, M~z~lle A. ,~cott · do solemnly swear (or ~lrm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me a ~[ember of the Personnel and Employment Practices Commission for a term of tkree years endlnM June 30, 1~91. according to the best of my ability. So help me God. Subscribed and sworo to before me, Deputy Clerk Office of the City Clerk June 29, 1988 File #15-202 Ns. Mozelle A. Scott 27 Patton Avenue, N. E. Roanoke, Virginia 24016 Dear Ms. Scott: At a regular meeting of the Council of the City of Roanoke held on Monday, June 20, 1988, you were reelected as a member of the Personnel and Employment Practices Commission for a term of three years ending June 30, 1991. Enclosed you will find a certificate of your reelection and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal ~uilding prior to serving in the capacity to which you were reelected. Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Earl Management B. Reynolds, Jr., Acting Manager, Personnel Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the 20th day of Junej 1988, MOZELLE A. SCOTT was reelected as a Member of the Personnel and Employment Practices Commission for a term of three years, ending June 30, 1991. Given under m~y hand and the seal of the City of Roanoke this 29th day of June~ 1988o City Clerk ~¢e of r~e ~ ~er~ July 15, 1988 File #305 Mr. Harry P. Surratt, Jr. 413 Highland Avenue, S. W., Apt. Roanoke, Virginia 24016 3 Dear Mr. Surratt: A communication from Ms. Carol A. Marchal, Chairman of the Youth Services Citizen Board, advising of your resignation as a member of the Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. On motion, duly seconded and adopted, the communication was received and filed and the resignation was accepted with regret. The Council requested that I express its sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Board. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw Enco pc: Mrs. Carol A. Marchal, Chairman, Youth Services Citizen Board, 2320 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mrs. Marion V. Crenshaw, Youth Planner Room 456 Municipal Building 215 (~nurch A~'~ue, S.W. Roanoke, Virginia 2401 '1 (703) 981-254t Pending Items from July 10, 1978, Referral Date Referred To 7/10/78 City Manager 8/12/85 2/23/87 6/22/87 8/10/87 2/1/88 6/6/88 City Manager Regional Cable Television Committee Robert A. Garland William F. Clark Kit B. Kiser City Manager City Manager City Manager through June 27, 1988. Item Recommendation No. 11 con- tained in the Mayor's 1978 State of the City Message. (Development of Mill Moun- tain - hotel.) Mayor's 1985 State of the City recommendation No. 1 establishment of a working relationship with the volunteer rescue squads and the Roanoke Historical Society for the purpose of establishing a museum and national headquarters for volunteer rescue squads in the City. Request of Cox Cable Roanoke for a renewal of their fran- chise agreement in order to simplify and clarify langu- age, make certain additions and deletions, and extend the term. Bids for 1987 Roof Replace- ment No. 2 - Roanoke Regional Airport Terminal Building - Roof Levels G and H. Mayor's 1987 State of the City Recommendation No. 1 development of a five-year strategic plan for the City of Roanoke. Final report of the Emergency Medical Services Advisory Council. Cor~unication from Council Member David A. Bowers recom- mending renovation of Memo- rial Bridge. Pending Items Referral Date 6/13/88 6/20/88 6/27/88 from July 10, 1978, Referred To City Manager Regional Cable Television Corr~aittee City Manager through June 27, 1988. Item Suggestion of Council Member James 0. Trout that the City of Roanoke and the business community work together to pursuade Am trak to make Roanoke a part of its New York/Chicago passenger ser- vice. Communication advising of Cox Cable Roanoke's intent to seek renewal of the Cable Television Franchise in the City of Roanoke. Request of Council Member James 0. Trout that the City Manager work with representa- tives of Downtown Roanoke, Inc. to address feasible alternatives toward providing a more positive image at the site of the former Hardee's restaurant in downtown Roanoke; and request of Council Member James G. Harvey, II for information on developing the site for a building higher than one story. -2- Office of n~e City ~e~ July 15, 1988 File #66-20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a petition signed by representatives of the Roanoke Valley elevator industry expressing concern over the manner in which parking is provided for service vehicles in the downtown district of the City, and requesting that parking regulations be amended to render better service for those persons using vertical transportation, which petition was before the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council. Sincerely, MFP: sw Eric · pC: Mary F. Parker, CMC City Clerk Mr. Lawrence M. Taylor, 525 Janette Avenue, S. W., ~oanoke, Virginia 24016 Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. M. David Hooper, Chief, Police Department Room 456 Municipal Building 215 (~urc'h Aw~ue, S.W. Roanoke, Virginia 240t t (703) 981-2541 '88 J~n~'29~· I988 Ms. Parker City of Roanoke City Clerk 215 Church Street SW Roanoke, Virginia 24011 Re: City Council Meeting of July 11, 1988 Dear Ms. Parker, I would appreciate it if I could, as a resident of the City Of Roanoke, be placed on the agenda for the evening meeting on the above date. I would like to talk about the parking regulations in the City, and especially downtown. Thank you very much. (_~25 ]~nette' A~enue SW Roanoke, Virginia 24016 June 30, 1988 We the undersigned interested parties of the Roanoke Area Elevator Industry do hereby petition the City Of Roanoke Virginia, to an~end it's parking regulations to enable us to better serve the public who uses vertical transportation and to facilitate the maintenance~ repair and trouble- shooting of said vertical transportation equipment~ and to assist in the emergency rescue of persons trapped in elevators, especially in the down- town business district~ where the majority of the City's elevators are located. S t ~natur e ' Resident Of Roanoke County Roanoke City Roanoke City OrganizatiOn Dover Elevator Co. Otis Elevator Co. Shenandoah Elevator Co. ~flce of ~e 0~, C~er~ July 15, 1988 File #60-27-468B-183 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29202, amending and reordaining certain sections of the 1988-89 Capital Projects Fund Appropriations, transferring $25,000.00 from Public Improvement Bonds, Streets and Bridges, to Monterey Road, N. E. Structure Replacement, in connection with Monterey Road, N. E., box culvert replacement, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincere fy, MFP:sw Mary F. Parker, CMC City Clerk pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Room 456 Municipal Building 2t5 Church Avenue, S.W. Roonc~e, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 1988. No. 29202. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Capital Projects Fund Appropriations and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Streets and Bridges Monterey Road, N.E. Structure Replacement Capital Improvements Public Improvement Bonds - Series 1988 1) Appr. from General Revenue 2) Streets & Bridges (008-052-9616-9003) (008-052-9603-9176) $ 9,030,294 (1) ...... 25,000 2,991,009 (2) ......... ( 71,936) $ 25,000 (25,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July I1, 1988 O© , i - - Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Monterey Road, N. E. Box Culvert Replacement. (Bond Issue) I. Background on the project includes: mo Bridge Inspection by Hayes, Seay, Mattern and Mattern in November, 1986 revealed that the concrete and cinderblock culvert under Monterey Road, N. E. was structurally unsound, and recommended replacement. City Engineer's estimate to replace the structure with a double 8' x 4' box culvert with wingwalls on the upstream side was $25,000.00. Co Additional Damage was caused to the structure by a Labor Day 1987 Weekend Storm. Street Maintenance personnel removed the unsound structure and installed two temporary 36" pipes. Public Improvement Bonds - 1988 Series included $25,000.00 for this project. II. Current Situation is: Construction Plans are complete and easements across two small par- cels of land have been donated by adjoining property owners for the construction of the upstream wingwalls. Bo Construction costs can be reduced with the City Utility Lines Department purchasing and installing the new precast culvert and wingwalls. III. Issues in order of importance are: A. Engineerin~ concerns B. Fundin$ C. Schedule IV. Alternatives in order of importance are: WRH/VRO/hw cc: Council approve the proper measure authorizing the Director of Finance to transfer $25~000.00 from the Streets and Bridges cate- gory of Public Improvement Bonds - 1988 Series to a new account entitled Monterey Road, N. E. Structure Replacement. Engineering Concerns would be met in that the temporary struc- tures would be replaced with the proper sized structure thus protecting the public safety. 2. Funding would be available so that the pre-cast box culvert and other construction material could be ordered. 3. Schedule for timely completion of the project would not be delayed. B. Do not authorize the Director of Finance to transfer funds to a new account. Engineering concerns would not be met and the possibility exists that the temporary structures, which are undersized, might cause floodwater backup and property damage. 2. Funding would not be an issue. 3. Schedule of the project would be jeopardized. Recommendation is that City Council authorize the Director of Finance to transfer $25,000.00 from the Streets and Bridges category Public Improvement Bonds - 1988 Series Account #00805296039176 to a new account Monterey Road, N. E. Structure Replacement. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director Utilities and Operations City Engineer Construction Cost Technician July 15, 1988 File #27-468B-183 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29203, authorizing the appro- priate City officials to execute a consent decree with the State Water Control Board providing for certain i~provements at the City's Sewage Treatment Plant at Coyner Springs; and authorizing the proper City officials to execute an agreement with Botetourt County for new line facilities in connection with the Coyner Springs Sewage Treatment Plant, which Ordinance Mo. 29203 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, MFP: sw Enc. pc: Mary F. Parker, CMC City Clerk Mr. Richard N. Burton, Executive Director, State Water Control Board, P. 0. Box 11143, Richmond, Virginia 23230 Mr. John D. Williamson, III, Botetourt County Administrator, P. 0. Box 279, Fincastle, Virginia 24090 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. James D. Ritchie, Director, Human Resources Mr. Robert F. Hyatt, Superintendent, Juvenile Detention Home Ms. Bernice Jones, Administrator, Nursing Home Mr. Charles M. Huffine, City Engineer Mr. Steven L. Walker, Manager, Sewage Treatment Plant Rootn 456 Munlci!~al Building 215 (~urch A'v~,,~ue, S.W. Roanoke, Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF The llth day of July, 1988. No. 29203. ROANOKE, VIRGINIA, AN ORDINANCE authorizing the appropriate City officials to exe- cute a consent decree with the State Water Control Board providing for certain improvements at the City's Sewage Treatment Plant at Coyner Springs; authorizing the proper City officials to execute an agreement with Botetourt County for new line facilities in connection with the Coyner Springs Sewage Treatment Plant; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute on behalf of the City a consent decree with the Commonwealth of Virginia State Water Control Board providing for the upgrading of the sewage treatment facility at Coyner Springs, said decree to be in form approved by the City Attorney, and to contain those items more particularly set forth in the report to this Council dated July 11, 1988. 2. The City Manager and City Clerk are authorized to execute and attest, respectively, on behalf of the City, an agreement with Botetourt County, in form approved by the City Attorney, providing for the construction of a new gravity line to connect to the end of the existing line, upon certain terms and conditions, as more particular- ly set forth in the report to this Council dated July 11, 1988. 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. Roanoke, Virginia July 11, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Coyner Springs STP - Treatment Improvements - Consent Decree and Agreement with Botetourt County I. Background: Coyner Springs Sewage Treatment Plant (STP) treats sewage from the Juvenile Detention Home and Nursing Home then discharges the effluent to an unnamed tributary to Glade Creek. Discharge permit standards have for years been set at 80 mg/1 Biochemical Oxygen Demand (BOD) and 50 mg/1 Suspended Solids (SS) with limits on the amount of chlorine that can be discharged. New discharge requirements to be issued by a new NPDES permit will require secondary treatment standards of not more than 30 mg/1 BOD, and 30 mg/1 SS plus will eventually require zero discharge of chlorine. These requirements were made known to staff this spring. New permit has not been issued; however, State regulations require secondary treatment standards to be in effect as of July 1~ 1988. Consent Decree is required for a schedule to be in compliance with the secondary treatment standards. New chlorine standards will be identified, due to separate State regulation, by the impending new permit. Water Resources Committee was briefed on April 25, 1988 of the impending requirements and the following suggested course of action: 1. Staff submit suggested compliance schedule to the State. Staff retain Engineering consultant to review options and design the ultimate solution for compliance. 3. Anticipate a Consent Decree requirement. Closest existing gravity sewer line that could provide transportation to the Roanoke Regional Sewage Plant is located Page 2 on Route 460 in the vicinity of the Botetourt County/Roanoke County Line and provides service to the new library in that area. Compliance options reviewed to date include: 1. Three (3) options of providin~ supplemental but unprovmn additional treatment processes to the old plant. Advantages - Relatively low first costs ranging in the $47~800 to $56~600 range. - No treatment fees to other localities. Disadvantages - Unproven treatment methods. - Continued high cost of annual O & M. - Uncertainty when old plant will need to be replaced in its entirety. Three (3) options of abandonment of the old plant and pumping the sewage to the closest existing line for ultimate treatment at the Regional Sewage Plant. Advantages - Intermediate first costs ranging from $72~400 to $129~600. - No future maintenance or replacement cost on the existing plant. - Proven treatment/transportation techniques. Disadvantages - Pumping station 0 & M costs. - Annual treatment costs to other locality. ~ Inferior way to extend sewer service. - Forced main maintenance cost. One (1) option of constructing gravity lin. to connect to the end of the existing line at the Botetourt County/Botetourt County Library. Advantages - Proper way to extend sewer service. - Proven treatment/transportation techniques. - No future O & M or replacement cost at the old plant. - Botetourt County would maintain the new line. Page 3 Disadvantages - Relatively high first cost estimated at $167~200. II. Maximum penalty for non-compliance is $20,000 per day. III. Current Situation: Consent Decree for compliance was received from the State Water Control Board on June 28, 1988. While this decree was desired by the State to be executed and filed in Circuit Court by July 1, 1988, timing was obviously too short for Cotuncil to give authorization to meet that time schedule. Compliance option needs to be decided. Staff has been negotiating with Botetourt County to receive construction cost funding and/or treatment credits to offset the increase expense of constructing a new gravity line in-lieu-of continuing to treat the sewage at this old isolated plant. IV. Issues in order of consideration are: A. Consent Decree approval B. Compliance option selection C. Cost D. Funding E. Credit agreement with Botetourt County F. Penalty for non-compliance V. Alternatives: Council authorize the following, with all documents being subject to review by the City Attorney i. City Manager to execute the attached Consent Decree. ii. City Manager to execute an agreement with Botetourt County containing the following terms for construction of the new gravity line to connect to the end of the existing line; Botetourt County will pay the difference in the pipe size required by the City and desired by Botetourt County. b. City will deed the line to Botetourt County. c. Botetourt County will maintain the line. d. Botetourt County will give Roanoke City Page 4 treatment credits, calculated by actual flow (but not more than 20,000 gallons per day) times the prevailing rate applied against the difference of the City's actual cost and $55~000, said credits to consider the time value of money but not exceed a time of 30 - 40 years (yet to be determined). City will give Botetourt County flow credits against bulk sewer billings; however, flow volume will still be accountable against Botetourt County's capacity allocation. 1. Consent Decree approval will be authorized. Compliance option selection of gravity line construction and treatment at the Regional Sewage Treatment Plant will be made. Cost is estimated at a first cost of $167,200; however, treatment credits will offset all but $55~000 and additionally a grant request will be made to the State Department of Corrections for partial reimbursement of an amount yet to be determined. Funding will be determined at the time of award of construction bids. Penalty for non-compliance with secondary treatment standards as of July, 1988 will presumably be avoided. Council authorize the Consent Decree but choose to treat the sewage in place. 1. Consent Decree approval will be granted. 2. Compliance option selection will be made. Cost will be a first cost of approximately $55~000; however, annual 0 & M and replacement costs will continue. Funding will be determined at the time of award of construction bids. Council refrain from approving either the Consent Decree or method of compliance. 1. Consent Decree will not be approved. 2. Compliance option selection will not be made. 3. Cost is unknown. Page 5 4. Funding is unknown. Penalty for non-compliance becomes a major issue since this penalty may be as much as $20,000 per day of non-compliance. VI. Recommendation: Council authorize the City ManaKer to execute the Consent Decree and an agreement with Botetourt County in accordance with Alternative "A". Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachment CC: City Attorney Director of Finance Director of Utilities & Operations Director of Human Resources Botetourt County Administrator City Engineer STP Manager Richard N. Burton Executive Director COMMONWEALTH of STATE WATER COA~TROL BOARD 2111 Harnihon Street .JUN Post Office Box 11143 Richmond. Virginia 23230 {804) 257-0056 Kit B. Kiser Director of Utilities & Operations City of Roanoke Municipal Building Roanoke, Virginia 24016 RE: National Municipal Policy Consent Decree Dear Mr. Kiser: Please find enclosed a copy of the consent decree (the "Decree,,) which has been drafted for the City of Roanoke (the "City"). As you should recall, the City's sewage treatment plant at Coyner Springs is required by the National Municipal Policy to comply with established conventional limits for secondary treatment or be under a court order to comply by July 1, 1988. At this time this Agency is willing to enter into the Decree with the City. This Decree includes a construction schedule that you provided for the West Central Regional Office and interim effluent limits. In order for you and the City's citizens to avoid future potential liabilities, this Decree must be entered in Court prior to July 1, 1988. Due to the lengthy process required to get to that point it is of paramount importance that you review this Decree, contact me if you have any questions, sign and return it at your earliest possible convenience. If you have any questions or if I can do anything to expedite your signing of this Decree please let me know. at (804)367-6769. Call me Sincerely, Cynthia Akers Office of Enforcement C. West Central Regional Office, SWCB Attorney General's Office VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMOND JOHN MARSHALL COURTS BUILDING COMMONWEALTH OF VIRGINIA, e__x rel., STATE WATER CONTROL BOARD and RICHARD N. BURTON, Executive Director Plaintiff, Ve CITY OF ROANOKE Defendant. CONSENT DECREE In Chancery No. It being represented to the court that the parties have voluntarily agreed to the entry of this Consent Decree in order to assure the timely upgrading of the sewage treatment facility, Coyner Springs, of the City of Roanoke or any successor (hereinafter "Roanoke") and that Roanoke will expeditiously come into compliance with the treatment requirements imposed under the Clean Water Act and the State Water Control Law, and the court deeming it appropriate to do so, it is ADJUDGED, ORDERED AND DECREED: 1. By executing this Consent Decree, Roanoke acknowledges that this Court has jurisdiction over the subject matter herein and the parties to this action, that it agrees to this venue, and it further waives service of process herein. 2. Roanoke is enjoined to construct facilities in accordance with the schedule contained in Appendix A, attached hereto. The obligations imposed under this schedule are not contingent upon any bond referendum or other mechanism to raise money to finance the construction; by endorsing this decree, Roanoke shall have expressly waived any defense based upon the inability to finance the construction. 3. Roanoke shall comply fully with the applicable interim effluent limitations and monitoring requirements set forth in Appendix B, attached hereto, until November 5, 1989. These requirements shall be construed in light of the Board's Regulation No. 6. 4. Roanoke, or any successor, shall comply fully with all requirements of the applicable NPDES permits on and after November 5, 1989. This decree shall remain in effect until the Executive Director of the State Water Control Board files a Notice that the defendant has substantially complied with the requirements of paragraph 4 above for twelve consecutive months; the decree shall thereafter be dissolved. The Clerk shall send certified copies of this Order to counsel of record. This matter shall be removed from the docket and placed among the ended causes. Enter this day of , 1988. Circuit Judge We ask for this: MARY SUE TERRY Attorney General JOHN R. BUTCHER Assistant Attorney General 101 North Eighth Street Richmond, Virginia 23219 (804) 786-1348 Seen and voluntarily agreed to on behalf of the City of Roanoke. Manager, City of Roanoke State of Virginia County/City of The foregoing document was acknowledged before me this__day of , 1988 b~ , who is ,on behalf of the City of Roanoke. (Title) Notary Public My Commission expires: Seen: , Esquire Attorney for City of Roanoke City of Roanoke Coyner Springs Sewage Treatment Plant Appendix A In order to comply with the provisions of the Clean Water Act, National Municipal Policy and State Water Control Law, the City of Roanoke shall achieve secondary wastewater treatment and dechlorination at the Coyner Springs Sewage Treatment in accordance with the following schedule: 4. 5. 6. Select engineering firm for design of facilities On or before July 1, 1988. Submit plans and specifications to the Virginia Department of Health and State Water Control Board On or before September 10, 1988. Commence construction On or before March 13, 1989. Complete construction On of before October 5, 1989. Achieve compliance with final effluent limitations On or before November 5, 1989. Submit quarterly progress reports to the West Central Regional Office on January 1, April 1, July 1, and OctOber 1 beginning October 1, 1988 until the dissolution of this Consent Decree. I I I I o I I I I 0~ Office of the O~y Oerk July 15, 1988 File #54-24-51 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: ! am attaching copy of Ordinance No. 29204, providing for an amendment to §6-81(a), Shelters, Article IV, Equine Animals, Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, relating to shelters for equine animals that existed prior to January 1, 1979, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely,f..~. d,~ ~. ~ Mary F. Parker, CMC City Clerk MFP:sw Enco pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. 0. Clemens, Judge, Circuit Court, Po 0o Box 1016, Salem, Virginia 24153 The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Jack B. Coulter, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Roy ~. Willett, Judge, Circuit Court The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court Mr. Donald M. Caldwell, Commonwealth's Atto.ney Miss Patsy Testerman, Clerk, Circuit Court Room456 MuntclpolBulldlng 215(~urchA¥~nue, S.W. Roan~:~,e, Vlrg~la24011 (703)981-254t Mr. W. Robert Herbert Page 2 July 15, 1988 Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Mr. Ronald Albright, Clerk, General District Court Ms. Clayne M. Calhoun, Law Librarian Mr. William F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Corr~nissioner/Zoning Administrator Mr. Charles M. Huffine, City Engineer Mr. John K. Marlles, Chief, Community Planning Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. Robert L. Laslie, Vice President Supplements, Municipal Code Corporation, P. O. Box 2235,'Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of July, 1988. No. 29204. VIRGINIA, AN ORDINANCE providing for an amendment to §6-81(a), Shelters, Article IV, Equine Animals, Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, relating to shelters for equine animals; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 6-81(a), Shelters, Article IV, Equine Animals, Chap- ter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, be and it is hereby amended to read and provide as follows: §6-81. Shelters. (a) On any parcel of land upon which any equine animal is kept, placed or maintained during the nighttime, there shall be a shelter, barn, stable, shed or similar struc- ture containing at least sixty (60) square feet of floor space per equine animal. On and after January 1, 1979, no landowner shall, in any area of the City not zoned for agricultural use, construct, build or place or permit the construction, building or placing of any such structure intended to provide shelter for any equine animal on his property closer than three hundred (300) feet to any property line of adjoining property not under the same ownership; provided, however, that any such structure existing on a parcel of land prior to January 1, 1979, which does not conform to the requirements of this section may be moved or replaced by another such structure on the same parcel, provided that the new location of such structure is more in conformance with the requirement that it not be closer than three hundred (300) feet to any property line of adjoining property not under the same ownership. 2. In order to provide for the usual daily operation of the 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. ~oamoks ~ ¥ir~inia ;July 11, 1988 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed Amendment to Section 6-81(a), Code of the City of Roanoke (1979), as amended. I. Back~round: May 18, 1988, Mr. Daniel F. La~man, Jr., attorney, Woods, Rogers, and Hazlegrove, requested that the City Manager recommend an amendment of Section 6-81(a) of the Code of the City of Roanoke (1979), as amended, in order to permit his client to rebuild an existing non-conforming barn presently located approximately 90 feet from the adjacent property line. The existing structure is located on a 17 acre tract of land to be purchased by his client. Section 6-81 prohibits the construction after January 1, 1979, on a non-agriculturally zoned lot of a stable for horses closer than 300 feet to any property line of adjoining property not under the same ownership. Intent of the ordinance was to address concerns of citizens in the annexed areas regarding the construction of horse barns in close proximity to their homes resulting in odor and insect problems. City's new zonin~ ordinance contains similar requirements restricting the location of stables in residential areas. Section 36.1-72(b) permits the Board of Zoning Appeals to grant special exceptions for a stable in the RS-1 district where: (1) the structure is accessory to a single family detached dwelling; (2) the minimum lot area is two (2) acres; and (3) the stable is not located closer than three hundred (300) feet from an adjoining property line. Proposed new stable would be constructed approximately 125 feet from the adjacent property line. II. Current Situation: me Property is presently zoned RS-l, Residential Single Family District. Existing barn, which is in poor condition, has been used to shelter both horses and cattle for many years. City's Board of Zoning Appeals, on June 7, 1988, granted applicant's request for a special exception, provided for under Section 36.1-72(b)(1) and 36.1-596, of the City zoning ordinance to permit, as a change of non-conforming use, removal of the existing barn and construction of the stables. In discussing its decision (attached) the Board felt that it was reasonable to grant permission for the razing of the existing barn and construction of the new stable which would be less non-conforming than the existing structure. The Board's approval was subject to the following stipulations: The stable shall be used only in conjunction with a single-family detached dwelling on the same property. Me The stable shall be no closer to a property line than 125 feet. Be The stable shall be no larger than 72 feet x 48 feet and shall house no more than ten (10) horses at any one time, this number to include horses belonging to the owner and occupant of the property and any visitors' horses. Ce City Attorney's Office has drafted a proposed amendment to Section 6-81(a) of the City Code (attached) which would permit a non-conforming shelter for equine animals existing prior to January 1, 1979, to be moved or replaced, provided that the new location is more in conformance with the current requirement that it not be closer than 300 feet to any property line of adjoining property not under the same ownership. III. Issues: A. Intent of existin~ ordinance. B. Cost to the City. IV. Alternatives: Amend the existin~ ordinance to permit non-conforming shelters for equine animals existing prior to January 1, 1979, to be moved or replaced as long as the new location of such structures are more in conformance with the requirements of Section 6-81(b) of the City Code. Intent of the existing ordinance would be maintained by encouraging existing non-conforming equine shelters to relocate further away from adjacent residential areas. 2. Cost to the City would be none. B. Do not amend the existing ordinance. Intent of the existing ordinance to encourage equine shelters to be located away from adjacent residential areas would not be met. 2. Cost to the City would be none. Recommendation is that City Council approve Alternative "A" to amend the existing ordinance to allow equine shelters existing prior to January 1, 1979, to be moved or replaced as long as the new location is more in conformance with the setback requirement of Section 6-81(b) of the City Code. WRH:JRM:mpf attachments cc: Respectfully submitted, W. Robert Herbert City Manager Assistant City Manager City Attorney Assistant City Attorney Director of Public Works Zoning Administrator Chairman, Board of Zoning Appeals Chairman, Planning Commission Dan Layman, Esquire WOODS, ROGERS & HAZLEOHOVE 105 F~LrN ROAD, S,W. P.O. BOX 982-4253 May 18, 1988 Mr. W. Robert Herbert City Manager Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 In re: Amendment of Section Roanoke 6-81, Code of the City of Dear Bob: We are writing to request that you place before City Council an ordinance amending Section 6-81 of the Code of the City of Roanoke. Section 6-81 prohibits the construction after January 1, 1979, on a non-agriculturally zoned lot, of a stable for horses closer than 300 feet to any property line of adjoining property not under the same ownership. We represent clients who propose to purchase a portion of the A. M. Renick property on Deyerle Road in the City. That property is presently zoned RS-1 and is the site of a barn that has been used to shelter both horses and cattle for many years. Our clients wish to remove the existing barn and construct a new stable at a different lo- cation, farther from adjoining property lines but still closer than 300 feet. This new stable would be used only for horses. It would therefore be an improvement over the existing situa- tion. We have filed with the Board of Zoning Appeals a request for special exception under Section 36.1-596 of the City Code, which permits change of one nonconforming use to another, less nonconforming use. It is that same sort of change that we' would like to have allowed by the proposed amendment to Section 6-81. Thus, if a stable that would otherwise be prohibited by Section 6-81 were proposed to replace a pre-1979 stable, and if the new stable would be more in keeping with the goal of Section 6-81 than the old stable, the amendment we request would permit its construction. Page 2 May 18, 1988 I have talked with Bill Hackworth about this matter, and he has in turn discussed it with Wil Dibling. I believe I am correct in saying that the City Attorney,s Office thinks the amendment appropriate from a legal standpoint, since it is in ~ine with the City's current practice where purely zoning issues are concerned. Bill Hackworth has agreed to draft a proposed amendment if you see fit to submit this request to his office. Please place this request in line for consideration by your staff and City Council at as early a time as convenient and let us know if we may provide further information. DFLJr:gfw CC: Yours truly, William M. Hackworth, Esq. BOARD OF ZONING A.PFEALS L. Elwood Norris Chairman T. E. Roberts Vice Chairman W. H. Wheaton Glynn D. Barranger Richard A. Rife Mrs. Ruth C. Armstrong Secretary ORDER OF THE BOARD OF ZONING APPEALS APPEAL NO.53-88-A Applicant: William G. and Charlotte Sandy Premises: West side of Deyerle Road, S. W. 17.769-ac. Tract Portion of former Tax No. 5070411 In accordance with the authority vested in the Board of Zoning Appeals, as set forth in Section 36.1-656, Zoning, City Code, to hear and decide applications for special exceptions, a public hearing was conducted on Tuesday, June 7, 1988, in the Council Chamber, Municipal Building, on the following request. The request of the applicant for a special exception, as provided under Section 36.1-596, Zoning, to permit as a change of nonconforming use, removal of existing barn which is less than the required 300 feet from a property line and construction of a stable at a different location on the property but less than the required 300 feet from a property line. Facts and conditions involved in said application were investigated by the Board, inspections of the property in question having been made prior to the public hearing date. It is the understanding of the Board that the applicant proposes to construct a sinqle-family detached dwelling on the 17-ac. tract in question and wishe~ to build as an accessory use a new stable to be used for personal use with no commercial use intended. In view of the fact that the existing barn is in poor structural condition and is approximately 90 feet from a property line as opposed to the 300 feet required by the Zoning Ordinance, the Board considers it reasonable to grant permission for the razing of the existing structure and construction of a new one which would be located approximately 125 feet from the property line and thus less nonconforming than the existing structure. The Board would make it clear that the proposed stable must be used as an accessory use to a single-family detached dwelling on the same premises and that it shall not in any manner be used for commercial purposes. In view of the above circumstances, it appears reasonable to grant the application as stated which would allow razing of the existing barn and construction of a new stable as proposed. IT IS THEREFORE ORDERED that the applicant be granted a change of nonconforming use to allow the existing barn to be razed and a new stable constructed with the following stipulations. (1) The stable shall be used only in conjunction with a single-family detached dwelling on the same property. (2) The stable shall be no closer to a property line than 125 feet. (3) The stable shall be no larger than 72 ft. x 48 ft., and shall house no more than ten (10) horses at any one time, this number to include horses belonging to the owner and occupant of the property and any visitors' horses. The Building Commissioner is hereby authorized to issue proper permit for said construction in accordance with the decision of the Board and conditions set forth in the application, with the under- standing that it is null and void if not obtained within six months from the date of this Order. BY ORDER OF THE BOARD OF ZONING APPEALS, this the 7th day of June, 1988. ~ 77 ~hairman Office of the City Cler~ July 15, 1988 File #77-207-514-183 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29205, authorizing execution of an agreement with the Commonwealth of Virginia Department of Trans- portation relating to the development of Glade View Drive, N. E., which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: sw pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Room4,..'..'..'..'..'..~5 Munlcll~lBulldlng 21§(D~rchAv~.~.,S,W. Roanake, Virg~nla24011 (703)98~1,254,1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 1988. No. 29205. AN ORDINANCE authorizing the execution of an agreement with the Commonwealth of Virginia Department of Transportation relating to the development of Glade View Drive, N. E.; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, an agreement with the Commonwealth of Virginia Department of Transportation relating to the development of Glade View Drive, N. E., such agreement to provide for funding from the Commonwealth not to exceed $140,000.00 in eligible costs for the project, with the City to bear all addi- tional costs; such agreement to be in substantially the same form as it is attached to the City Manager's report to Council dated July 11, 1988, and to be approved as to form by the City Attorney. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: City-State Agreement - Glade View Drive, N. E. to Tultex Corporation Roanoke, Virginia July 11, 1988 I. Back~round of this subject includes: Tultex Corporation's development project in the northeast part of the City located off of Berkley Road requires roadway access to be provided by the City from King Street, N. E. to the site. City Council, at its meeting on February 16, 1988, authorized the City Manager to file an application with the Virginia Department of Transportation for up to $200~000.00 in Industrial Access Road Funds (Ordinance No. 28982). Approval of a $140~000.00 allocation for the industrial access road project was made by the Commonwealth Transportation Board at its meetings on May 19 and June 16, 1988. Funding approved is $60~000.00 less than funding originally applied for. Virginia Department of Transportation requested a revised estimate from the City that deleted items that were not eligible for reimbursement. The revised estimate was $140,000.00. E. Adjustment of utilities and necessary right-of-way shall be pro- vided at no cost to the Commonwealth. II. Current Situation: A. City must execute the attached City-State Agreement before City can be reimbursed for all eligible costs not to exceed $140~000.00. Eligible pro~ect costs include excavation, pavement structure, drainage facilities, erosion control measures and other related items to the extent such items are expressly identified as eligible on the approved project plans. Co City must prepare construction plans and estimates for Virginia Department of Transportation approval, award and administer the contract for construction, agree to pay all costs of the project in excess of $140~000.00. Page 2 III. Issues in order of importance: A. Roadway B. Funding C. Compliance with construction plans D. Reimbursement IV. Alternatives in order of recommendation: A. Authorize the City Manager to execute the City-State Agreement on behalf of the City. Roadway would be able to be constructed to provide Tultex Corporation with access as agreed to by the City in the option for the sale of the property. Funding for eligible items is i00 percent State cost. Project costs in excess of $140,000.00, as well as for any non-eligible items, would need to be funded by the City as described in the bid committee report for this project approved by City Council on June 27, 1988. 3. Compliance with construction plmnm shall be met to allow reimbursment. 4. Reimbursement up to $140,000.00 would be received from the State for any reimbursable items. B. Do not authorize the City Manager to execute the City-State Agreement on behalf of the City. 1. Roadway would continue to be necessary to meet the terms of the option for the sale of the property to Tultex Corporation. 2. Funding for all items would be 100 percent City cost, if constructed. 3. Compliance with construction plans shall be met. 4. Reimbursement would not be an issue. Page 3 Recommendation is that City Council authorize the City Manager, in a form acceptable to the City Attorney, to execute the City-State Agreement on behalf of the City. WRH/RKB/hw Respectfully submitted, W. Robert Herbert City Manager Attachment: City-State Agreement CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer CITY OF ROANOKE PROJECT 9999-128-106, M501 Industrial Access - Tultex Corporation THIS AGREEMENT, made this _ day of 1988, by and between the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as the CITY, party of the first TRANSPORTATION, hereinafter of the second part; and part and the VIRGINIA DEPARTMENT OF referred to as the DEPARTMENT, party WHEREAS, the CITY by appropriate resolution requested industrial access funds to assist in providing adequate access to the facilities of Tultex Corporation, proposed to be constructed within a CITY-owned industrial park located off KING STREET in the northeast section of the CITY OF ROANOKE; and WHEREAS, the Commonwealth Transportation Board, subject to certain contingencies, has allocated an amount not to exceed $140,O00 from the Industrial Access Fund to assist in providing the requested access facility, such being designated as Project 9999-128-106, MS01; and WHEREAS, the CITY hereby acknowledges and agrees to the contingencies of this allocation as set forth in the May 19, 1988, and June 16, 1988, resolutions of the Commonwealth Transportation Board, which is made a part of this agreement by reference; and WHEREAS, the CITY desires to administer the construction of this project through its own capabilities. -1- NOW, THEREFORE, WITNESSETH, that for and in consideration of the promises and mutual covenants and agreements herein contained, the parties hereto agree as follows: A. The CITY will: Arrange for 9999-128-106, approximately the southwest, the preparation of plans for Project M501, described as the construction of 0.14 mile of new road from KING STREET to for the purpose of providing suitable access to the proposed facilities of Tultex Corporation. Thi~ design shall be in accordance with applicable geometric standards of the DEPARTMENT and include a 30-foot wide pavement, within an unrestricted right of way width of at least 50 feet, thereby qualifying this roadway facility for Section 33.1-43 as (1950). The cost of shall be borne entirely from Industrial Access Fund or any by the DEPARTMENT. maintenance payments pursuant to amended, of the Code of Virginia such design and plan preparation sources other than the other funds administered Prescribe that all items of work and materials be in compliance with applicable DEPARTMENT specifications. Administer the project's contract advertisement, award, and construction under the CITY's competitive bidding procedures, provided, however, that no contractor which has been disqualified from bidding on contracts with the DEPARTMENT because of collusion on any matter relating to violation of State or Federal Anti-Trust laws may 10. construct, either as a prime contractor or subcontrac- tor, any part of this project which is funded hereby in whole or in part with State and/or Federal funds. Assure that the location, form, and character of all traffic control devices and markings installed or placed by any public authority or other agency shall be subject to the approval of the DEPARTMENT. Acquire the necessary right of way, including any required construction and/or drainage easements, for the project's construction at Prohibit any reduction in lanes or alterations of the construction of this of the DEPARTMENT. no cost to the DEPARTMENT. the number or width of traffic channelization islands, after project without prior approval Cause any utilities in conflict with the construction of this project to be adjusted, including the cost of any installation and related engineering, at no cost to the DEPARTMENT. Prepare any required environmental document and secure all local, State and Federal permits necessary for the proposed construction. Obtain the DEPARTMENT,s approval of the project's final plans, cost estimate, and specifications prior to the advertisement for bids fo the contract for the project,s construction. Bear all costs for any items included in contract which -3- 11. are not eligible for reimbursement by the Industrial Access Fund, as determined by the DEPARTMENT. In the event the total cost of eligible items exceeds the maximum allocation available from the Industrial Access Fund pursuant to Item B-4, the CITY will bear all cost over this amount. (Eligible items are excavation, pavement structure, drainage facilities, erosion control measures, and other related items to the extent such items are expressly identified as eligible on the approved project plans.) Provide necessary inspection/construction engineering services as required to assure construction of the project in accordance with approved plans and specifications. 12. Make this project available to inspection by DEPARTMENT personnel during its construction and obtain the DEPARTMENT,s concurrence prior to project acceptance. 13. Prior to commencement of project construction, furnish the DEPARTMENT with satisfactory documentation, as follows: that the proposed industrial facilities of Tultex Corporation will be built under firm contract, or are already constructed, at a site abutting on the terminus of this project, that Tultex Corporation has firm plans to Operate these facilities within a reasonable time relative to the completion of the facilities and the access -4- c. that eligible capital outlay by the industry for the new industrial facilities will be equal to or exceed $1,400,000. 14. Maintain accurate records of all project costs in a form satisfactory to the DEPARTMENT and make such records available for review by the DEPARTMENT upon request. 15. Be responsible to the DEPARTMENT, to the extent allowed by law, for all cost incurred by the DEPARTMENT beyond that amount herein agreed to, arising out of, or re- sulting from, the CITY's activities and those of its contractors, agents, or employees, in connection with the work and services required under THIS AGREEMENT. 16. Bill the DEPARTMENT for payment of its portion of the project's eligible costs as set forth in Item B-4. 17. Assume responsibility facility constructed and, at its own cost maintained in a manner its authorized representatives, provisions for such maintenance. for the maintenance of the access in connection with this project and expense, maintain or have it satisfactory to the DEPARTMENT or and make ample annual The DEPARTMENT will: 1. Review the plans, cost estimate, and specifications for Project 9999-128-106, M501, as presented by the CITY pursuant to Item A-9 and approve them with whatever modifications, if any, it deems appropriate. Authorize industrial access funds, in accordance with and subject to the applicable contingencies of the -5- Commonwealth Transportation Board,s resolutions of May 19, 1988, and June 16, 1988, and the CITY,s compliance with the provisions of item A-13, for the actual cost of the construction and related construction engineering activities for eligible items incurred subsequent to the DEPARTMENT,s approval of the plans pursuant to Item B-1. Make a final inspection with the CITY upon completion of this project's Construction and, if appropriate, concur in its acceptance. 4. After acceptance of the project pursuant to Item A-12 and upon receipt of certification and billing by the CITY, satisfactory to the DEPARTMENT, reimburse the CITy for the actual cost of eligible items. Such reimbursement shall be subject to the limitations prescribed by the Commonwealth Transportation Board,s resolutions of May 19, 1988, and June 16, 1988, and in no Case shall the total reimbursement exceed $140,000. IN WITNESS WHEREOF, the parties to this agreement have hereto affixed their signatures, the CITY OF ROANOKE on the _ day of · 1988, and the VIRGINIA DEPARTMENT OF TRANSPORTATION on the day of , 1988. ATTEST: CITY OF ROANOKE Clerk of Council City Manager -6- NOTE: Any official signing for and on behalf of a municipality or political subdivision should attach a certified copy of order, resolution, ordinance or charter provision, or a citation to statute, under the authority of which this agreement is executed. ATTEST: COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION Title Deputy Commissioner FISCAL DIVISION (VDOT) APPROVED OFFICE OF THE ATTORNEy GENERAL Date: ~ate: -7- Office o~ Jhe CJJ¥ CJe~ July 15, 1988 File #514-183-77-207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29206, authorizing the City to grade Glade View Drive, N. E., and appointing the City Engineer as an officer of the City to ascertain whether such grading will damage the abutting properties, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw Enco pc: Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Room 456 Municipal Building 215 O~urch Avenue, S.W, Roanoke, Virginia 24~¢ t (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of July, 1988. NO. 29206. AN ORDINANCE authorizing the City to grade Glade View Drive, N. E., and appointing an officer of the City to ascertain whether such grading will damage the abutting properties; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City administration is hereby directed to grade or cause to be graded Glade View Drive, N. E., in accordance with plans approved by the City Engineer. 2. The City Engineer is hereby designated and directed to proceed by personal inspection of all of the premises likely to be affected by such grading to ascertain what damages, if any, would accrue to the owners of the several properties so likely to be affected and to take any other necessary or appropriate action consistent with legal requirements. 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. Roanoke, Virginia July 11, 1988 Honorable Mayor and City ~unCil Roanoke, Virginia Dear Members of Council: Subject: Opening of Glade View Drive, N.E. I. Background: A. Tultex has purchased a site near King Street to construct a new manufacturing facility. B. Agreement with Tultex requires Roanoke City to provide road access, sanitary sewer and water. C. Industrial Access Funding has been requested from and approved by Virginia Department of Transportation (VDOT). D. Construction bids to construct Glade View Drive have been received and approved by City Council. E. State Law requires the approval of City Council prior to the City grading a new street. II. Current Situation: mo Code of Virginia~ Section 15.1-368 provides that City Council may direct that street grading be performed by the City and, in such event, that Council shall designate and direct a com- mittee of Council or some officer of the City to ascertain what damages, if any, will accrue to the owners of affected properties. Mattern and Craig, consulting engineers, have completed construction plans and documents for the construction of Glade View Drive. The plans indicate that the encroachment of the proposed road into the Glade Creek Tributary will cause a slightly higher 100 year flood level on upstream pro- perties. III. Issues in order of importance: A. Obligation of the City to construct Glade View Drive. B. Legal requirement to determine what damages, if any, will occur with the proposed construction of Glade View Drive. C. Timeliness of providing access to the Tultex site. D. Cost of damages, if any, to adjoining properties. Page 2 IV. Alternatives: WRH/JAP/mm CC: A. Authorize grading of Glade View Drive and appoint a Viewer to ascertain damages. 1. Obligation of the City to provide an access road to the Tultex site will be met. Legal requirement of determining damages, if any, to adjoining properties due to construction of Glade View Drive will be completed. 3. Timeliness of providing access to the Tultex site will be met. Cost of damages, if any, to adjoining properties can be determined. B. Do not authorize grading of Glade View Drive. 1. Obligation of the City to provide access to the Tultex site will not be met. 2. Legal requirement of determining damages, if any, to adjoining properties would not be an issue. 3. Timeliness of providing access to Tultex would not be met. 4. Cost of damages, if any, to adjoining properties would not be an issue. Recommend that Council authorize the grading of Glade View Drive and appoint City Engineer as Viewer as stipulated by Section 15.1-368 of the State Code to determine damages, if any, to adjoining properties caused by grading the proposed Glade View Drive. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer July 15, 1988 File #304-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear ~ir. Herbert: I am attaching copy of Resolution No. 29208, authorizing acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Corr3~ownwealth of Virginia Department of Corrections; and authorizing acceptance, execution and filing of the "Special Conditions" with the Department of Corrections for said grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office on Youth until June 30, 1989, which Resolution No. 29208 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, MFP:sw Enc. pc: Mary F. Parker, CMC City Clerk Ms. Carol Ao Marchal, Chairman, Youth Services Citizen Board, 2320 Mt. Vernon Road, S. W., Roanoke, Virginia 24015 Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director, Human Resources Mr. John R. Marlles, Chief, Community Planning Ms. Marion V. Crenshaw, Youth Planner Ms. MaFie T. Pontius, Grants Monitoring Coordinator Room 456 Municipal Building 215 C~urch A'~nue, S.W. Roanoke, Virginia 24011 (703) 98~1-254~1 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of July, 1988. No. 29208. VIRGINIA, A RESOLUTION authorizing the acceptance of a Delinquency Prevention and Youth Development Act Grant made to the City of Roanoke by the Commonwealth of Virginia Department of Corrections and authorizing the acceptance, execution and filing of the "Special Conditions" with the Department of Corrections for this grant for the purpose of continuing coordinated plann±ng and youth services program implementation by the City's Office on Youth until June 30, 1989. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the Commonwealth of Virginia Department of Corrections of a Delinquency Prevention and Youth Development Act Grant for the purpose of continuing coordinated planning and youth services program implementation by the City's Office of Youth until June SO, 1989, in an amount and subject to such terms as are described in the report to Council from the City Manager dated July 11, 1988. 2. The City Manager, W. Robert Herbert, or the Assistant City Manager, Earl B. Reynolds, Jr., is hereby authorized to accept, execute and file on behalf of the City of Roanoke the "Special Conditions" with the Department of Corrections for the aforementioned grant. additional information as may be required by the Department Corrections in connection with the City's acceptance of the aforementioned grant or with such project. ATTEST: The City Manager is further directed to furnish such of City Clerk. Office o~ the City (De~k July 15, 1988 File #60-304-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29207, amending and reordaining certain sections of the 1988-89 General and Grant Funds Appropria- tions, appropriating $46,516.00 to Youth Services Grant and transfer- ring $10,000.00 from Corr~unity Planning to Youth Services Grant, in connection with Office on Youth Grant No. 88-I-12, which Ordinance was adopted by the Council of the City of Roanoke at a regular ~neeting held on Monday, July 11, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw Eno. pc: Ms. Carol A. Marchal, Chairman, Youth Services Citizen 2320 Mt. Vernon Road, S. Wo, Roanoke, Virginia 24015 Mr. W. Robert Herbert, City Manager }tr. James D. Ritchie, Director, Human Resources Mr. John R. Marlles, Chief, Community Planning Ms. Marion V. Crenshaw, Youth Planner Ms. Marie T. Pontius, Grants Monitoring Coordinator Board, 456 Municipal Building 215 Church Avenue, S.W. Roanoke, ',,Irg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 1988. No. 29207. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Grant Funds 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 and Grant Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Nondepartmental Transfers to Other Funds (1) ...................... Community Development Community Planning (2) ............................ Grant Fund ~iations Youth Services Grant 88-I-12 (3-6) ................ Revenue Youth Services Grant 88-I-12 1) Transfers to Grant Fund 2) Transfers to Grant Fund 3) Regular Employee Salaries (7-8) ................ (001-004-9310-9536) (001-052-8110-9536) (035-052-8826-1002) $ 10,000 (10,000) 35,542 $11,222,701 9,108,754 1,028,185 248,979 $ 46,516 $ 46,516 4) Training and Development 5) Expendable Equip. 6) Admin. Supplies 7) State Grant Rev. 8) Local Match (035-052-8826-2044) $ 2,250 (035-052-882622035) 299 (035-052-8826-2030) 8,425 (035-035-1234-7031) 36,516 (035-035-1234-7032) 10,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Office on Youth Grant No. 88-I-12 I. Background: June 17, 1980, youth grant first officially awarded to City under Virginia Delinquency Prevention and Youth Development Act. B. April 25, 1988, FY 88-89 youth grant application was submitted to Council. Youth grant provides for continuation of coordinated planning and program implementation of the Office on Youth. D. Youth grant budget provides: BUDGET CATEGORY LOCAL MATCH STATE FUNDS CASH IN-KIND TOTAl. Personnel $35,542 $ 0 $ 0 $35,542 Consultants 0 0 0 0 Travel 850 1,400 0 2,250 Equipment 124 175 299 Supplies and 0 8,425 3,000 11,425 Operating Expenses Total $36,516 $10,000 $3,000 $49,516 Funding for local cash match is included in the FY 88-89 Community Planning budget ($10,000) in account no. 001 052 8110 9536. Additional in-kind match of $3,000 is available through the use of office space rental in the Community Planning office. City Council Page 2 July 11, 1988 II. Current Situation A. Youth grant application has been approved (attachment A). B. State funding is in the amount of $36,516. Council acceptance of State funding and appropriation of local cash match is needed if the Office on Youth program is to continue after June 30, 1988. III. Issues: A. Cost. B. Continuity. C. Staff. D. Impact on future City budgets. IV. Alternatives: Authorize the City Manager to accept the Youth Services Grant from the State Department of Corrections. Cost (local) of Office on Youth in FY 88-89 is $13,000, of which $10,000 has been appropriated in the FY 88-89 budget. The additional in-kind match of $3,000 is through the use of office space in the Community Planning office. 2. Continuity of program would be maintained. Staff, consisting of a Youth Services Planner, will continue under the direction of the Office of Community Planning. Impact on future City budgets would mean continued City match of 25% of total budget for the Office on Youth. Do not authorize the City Manager to accept the Youth Services Grant from the State Department of Corrections. 1. Cost would not be an issue at this time. 2. Continuity would be questionable. Staff consists of Youth Services Planner and services would be contingent upon the availability of another funding source. Impact on future City budgets would be the possibility of more than the 25% contribution towards maintenance of the program. City Council Page 3 July il, 1988 V. Recommendation: It is recommended that Council adopt Alternative A which will authorize the following: Acceptance of Department of Corrections Grant No. 88-I-12 through the execution of the proper forms by the City Manager. Appropriation of $46,516 to accounts to be established by the Director of Finance for this program (75% of appropriation or $36,516 will be refunded by the Department of Corrections). Authorize the transfer of $10,000 from the Community Planning budget, account no. 001-052-8110-9536 to this program as part of the City's cash match to operate the program for FY 88-89 to the Grant Program Fund. Respectfully submitted, W. Robert Herbert City Manager WRH:mpf attachment cc: Assistant City Manager City Attorney Director of Finance Director of Human Resources Youth Planner EDWARO W. MURRAY DIRECTOR June 22, 1988 COMMONWEALTH of VIRGINIA Department of Corrections Mr. Robert Herbert City Manager City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 RE: The Virginia Delinquency Prevention and Youth Development Act Grant Number: 88-I-12 Dear: Mr. Herbert: The above-named Virginia Delinquency Prevention and Youth Development Act grant application has been approved in the amount of $ 36,516 Act funds, $ 13,000 local match, $ 49,516 total program. Attached you will find a Statement of Grant Award and a copy of a form entitled SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. The original of this form should be signed and returned to Mr. Glenn D. Radcliffe, Acting Deputy Director of Youth Services, Department of Corrections. This signed form is our official notice that you accept the award and the conditions of award. When you wish to request funds for this grant, use DOC Form DC-01-0589, Request for Funds, Virginia Delinquency Prevention and Youth Development Act Grant Programs. Before any funds are disbursed to the grantee under this award, the grantee must agree to comply with all conditions attached to this award as found in the SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS. Thank you for your cooperation and interest in this matter. Attachment Sincerely, CC: Glenn D. Radcliffe W. Stephen Pullen Eugene C. Morgan Ronald E. Telsch DOC General Accounting Unit Thomas J. Northen, III Marion V. Crenshaw COHHONWEALTR OF VIRGINIA DEPARTMENT OF CORRECTIONS DIVISION OF YOUTH SERVICES O. BOX 26963, RICHMOND, VIRGINIA 2326! STATEN ENT OF GRANT AWARD VIRGINIA DELINQUENCY PREVENTION AND YOUTH D EVE L OPN ENT ACT PURSUANT TO THE AUTHORITY OF THE DELINQUENCY PREVENTION GRANT NUMBER; AND YOUTH DEVELOPMENT ACT, SECTIONS 53.1-251 THROUGH 53.1-260 88-I-12 OF THE CODE OF VIRGINIA TEE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS HAS APPROVED THE GRANT AS INDICATED: TITLE OF PROJECT: Roanoke Youth Services Citizen Board/ Office on Youth DATE APPROVED; June 20, 1988 GRANTEE: City of Roanoke, VA GRANT PERIOD: TOTAL LENGTH 12 Months FROM July 1, 1988 THROUGH June 30, 1989 PROGRA/~ ADMINISTRATOR: Mrs. Marion Crenshaw, Youth Planner Roanoke Youth Services Citizens Board 215 Church Avenue, S.W. Roanoke, VA 24011 (703) 981-2349 PAYNENT PROCEDURE: Quarterly $9,129 each BUDGET CATEGORY DETAIL PERSONNEL $ 35,542 CONSULTANT -0- TRAVEL 850 EOUIPNENT 124 OTHER EXPENSES -0- TOTAL AWD/HATCR FINANCE OFFICER: Mr. Joel M. Schlanger Director of Finance City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 (703) 981-2824 BUDGET AWARD -DOC- -GRANTEE- -TOTAL- STATE FUNDS LOCAL HATCH CASH IN-KIND $ -0- $ -0- $ 35,542 -0- -0- -0- 1,400 -0- 2,250 175 -0- 299 8,425 3,000 11,425 $ 36,516 $ 10,000 $ 3,000 $ 49,516 THIS GRANT IS SUBJECT TO THE MININUN STANDARDS AND TEE RULES AND REGU- LATIONS FOR THE DELINQUENCY PREVENTION AND YOUTH DEVELOPNENT ACT. THIS GRANT IS SUBJECT TO AND CONDITIONED UPON ACCEPTANCE OF SPECIAL CONDITIONS ATTACHED HERETO. DATE: June 22, 1988 SIGNATURE OF AUTHORIZED OFFICIAL EDWARD W. MURRAy DIRECTOR COMMONWEALTH of VIRCflNIA Department of Corrections P.O. 8OX 26963 RICHMOND, VIRGINIA 23261 (804) 257-1~O0 SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS SPECIAL CONDITIONS FOR GRANT AWARD # 88-I-12 THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, THROUGH THE DEPARTMENT OF CORRECTIONS, HEREINAFTER REFERRED TO AS THE DEPARTMENT, DOES HEREBY AWARD TO CITY OF ROANOKE, VIRGINIA HEREINAFTER REFERRED TO AS THE GRANTEE, FROM THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT APPROPRIATION AN AMOUNT OF $ 36,516. THE GRANTEE HEREBY AGREES TO PROVIDE AN AMOUNT OF $ 13,000 AS THE MATCHING SHARE REQUIRED BY THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT, HEREINAFTER REFERRED TO AS THE ACT. THE TOTAL PROGRAM AWARD THEREBY BEING THE SUM OF $ 49,516. THE FOLLOWING CONDITIONS ARE ATTACHED TO AND MADE A PART OF THIS AWARD: GRANT The Grantee will comply with the terms of the Grantee,s application, attachments and amendments thereto, and will not deviate therefrom without the prior approval of the Department. its The Act funds awarded are subject to adjustment prior disbursement of funds by the Department; in no event disbursed exceed the Act funds awarded. to the shall the amount 3. The Grantee will comply with the provisions of the Act and the rules and regulations prescribed by the Commonwealth of Virginia, under the Act. 4. The Grantee shall establish and maintain fiscal controls and accounting procedure which shall assure that the total program funds (Act and matching share) are. a. properly expended c. adequately accounted for b. adequately controlled d. separately identified The Grantee shall establish and maintain accounting provide for an accurate and timely recording: a. total of grant funds (Act and matching share) b. of expenditures from such funds c. of unexpended balances 6. The Grantee shall establish controls which ensure= Page 2 procedures which a. that expenditures charged to grant activities are for allowable purposes b. that documentation is readily available to verify that such charge are accurate c. that time and attendance records of personnel engaged in this program are maintained d. that equipment purchased with grant funds shall be registered on inventory cards and properly labeled in a manner which will identi such equipment as being purchased with funds from this grant. Where the allowability of an expenditure cannot be determined because records or documentation are inadequate, the questionable cost will be disallowed· The Grantee shall reimburse the State for the amount of a disallowed items. The Grantee shall make all records and accounts documenting the disbursement, utilization, administration and management of total program (Act and matching share) funds approved in this grant accessib to all authorized State personnel and such parsons as may be designate by the Department. The Grantee shall submit to the Department, on forms prescribed, accurate, timely and complete financial and narrative reports; the Grantee shall submit such other reports as may be reasonably required the Department. The responsibility for complying with reporting requirements shall not be transferred by tho Grantee to any other partl 9. No Act funds shall be expended for: a. any expenses other than those necessarily incurred in the performance of this grant program; b. the purchase of real property; c. new construction; d. costs incurred before the effective date of the grant, unless incurred with the prior authorization of the Department; e. the payment of any salary or compensation to a federal employee; f. payment of any consultant fee, or honorarium, to any office~ or employee of the Department or of any State, municipality or local agency for services normally paid for by such employee's regular salary, wage and overtime compensation. This does not preclude payment of overtime compensation to such officers and employees consistent with the established personnel policies of the employin~ agency; and 10. 11. 12. 13. 14. 15. 16. 17. Page g. the payment of portions of any salaries in excess of the proportio~ of actual time spent in carrying out the grant program. Any news releases, statement or publicity concerning this grant in whi, there is a reference to the source of the funds shall indicate that th~ grant was made to the Grantee by the Virginia Department of Correctiom from Delinquency Prevention and Youth Development Act Funds. No material produced in whole or in part under this grant shall be the subject of an application for copyright in the United States or in any country. The Department shall retain a royalty-free non-exclusive and irrevocable license to publish and uae the materials and to authorize others to do lo. The Grantee shall commence performance of the program provided for in the grant on the 1st day of July 198~, and shall complete performance later than the ]O~-~-day of June, i989. The Grantee will indemnify, reimburse, hold and save the Commonwealth Virginia and the Department harmless from all charges, damages, costs, or other liability that the Department may be required to pay or otherwise incur by reason of any agreement between the Department and the Grantee, or by reason of any person, firm, or corporation being injured or damaged in any way in person or property, or in the event o~ a final judgment or decree being obtained against the Department, eith~ independently or Jointly with the Grantee then in that event the Grant~ will pay such judgment or comply with decree with all coats and hold t~ Commonwealth of Virginia and the Department harmless therefrom. PURCHASES OF EQUIPMENT OR CONTRACTUAL SERVICES All pUrchases of equipment or contractual services made with funds from this grant award shall be in compliance with local rules amc regulations governing such purchases, which are baaed on competitive principles. There shall be submitted to the Department a signed statement certifyir that all applicable Act regulations, State laws, and local purchasing regulations have bean complied with. Grantee agrees to accept assistance from the Department's Regional Delinquency Prevention Specialist and Evaluation Unit in the developmer of the Self-Evaluation. Grantee agrees to provide documentation for a statewide evaluation, the criteria of which shall be Jointly developed by Grantees and the Department of Corrections. ADDITIONAL SPECIAL CONDITIONS Page 4 The Grantee is hereby informed that failure to comply with any of the above conditione, any of the provisions of the Act or any of the rules and regulations promulgated thereunder shall constitute grounds upon which the Department may terminate this grant, discontinue fund payments, and require reimbursement of.fund payments after thirty days notice to each participati county and city and after a hearing hal been conducted on the matter by the Director of the Department of Corrections or his designee. The undersigned, having received attached thereto, does hereby accept pertaining thereto, this 19 Signature Title the Notice of Grant Award and the conditio: this grant and agree to the conditions day of Office of ~ne City Clen~ July 15, 1988 File #246-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29209, authorizing execution of an agreement by and between the City, the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consor- tium's Industry Council, relating to respective responsibilities and liabilities of the parties thereto with regard to implementation of certain programs afforded under Title II of the Federal Job Training Partnership Act, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely~ Mary F. Parker, CMC City Clerk MFP:sw pc: Mr. James D. Ritchie, Director, Human Resources Ms. Carolyn H. Barrett, Administrator, Fifth District and Training Consortium Employment Roon~456 Munlcllc:~alBulldlng 215 (~urch Avenue, S.W.l~:x~,c~.~,Virg~nla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 19~8. No. 29209. AN ORDINANCE authorizing the execution of an agreement by and between the City, the Governor's Employment and Training Depart- ment, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Industry Council; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute an agreement dated July 1, 1988, by and between the City, the Governor's Employment and Training Department, the Fifth District Employment and Training Consortium, and the Fifth District Employment and Training Consortium's Private Industry Council which agreement relates to the respective responsibilities and liabilities of the parties thereto with regard to the implementation of certain programs afforded under Title II of the Federal Job Training Partnership Act, such agreement to be in such form as set forth in the City Manager's report of July 11, 1988; such agreement to be approved as to form by the City Attorney prior to its execu- tion. muntclpal ordinance shall be in In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. July 11, 1988 Roanoke, Virginia Honorable Mayor and City Council Roanoke, Virginia Members of Council: Subject: Service Delivery Area Agreement Between the Fifth Dis- trict Employment and Training Consortium and the Gover- nor's Employment and Training Department for Program Year July 1, 1988 to June 30, 1989. I. BACKGROUND me The City of Roanoke has been designated as the grant recipient o~ funds under the Job Training Partnership Act. By agreement of the localities in the Fifth Planning District, the City o~ Roanoke acts as ~iscal depository ~onsortium funds. The Fifth Planning District has been designated as a service delivery area, by the Governor of Virginia. II. CURRENT SITUATION The Governor's Employment and Training Department re- quires that the attached Agreement be executed by the Policy Board of the Fifth District Employment and Training Consortium, the Private Industry Council and the City, as the depository of the funds. The Agreement primarily clarifies the roles, responsi- bilities, and liabilzty of the Policy Board, the Private Industry Council, and the grant recipient (City of Roanoke). Before the City can enter into this Agreement, authority must be obtained from City Council. City Council is requested to authorize the City Manager to sign the Agreement. City Council Report July 11, 1988 Page 2 III. ISSUES A. Legal Requirements B. Liability IV. ALTERNATIVES A. City Council authorize the City Manaser to si~n the A~reement. Legal Requirements The Agreement meets the re- quzrements of the Job Training Partnership Act. Liability.- Any liability rests with the Policy Board, whzch is made up of representatives in the Fifth Planning District~ however, the City is liable for the proper deposit of these funds. City Council not authorize the City Manager to A~reement. sisn the Legal Requirements - The legal requirements of the Job Training Partnership Act would not be met. Liability - Funds will probably not continue to come to this area, and liability would not be an issue. ,RECOMMENDATION City Council authorize the City Manager to si n the ~reement, Alternative Ay for Program Year 19~8 - 1989. Respectfully submitted, W. Robert Herbert City Manager JTPA #89-113-3 THIS AGREEMENT made July 1, 1988, by and between the Governor's Employment and Training Department (the "GETD"), and the Fifth District Employment and Training Consortium, the Fifth District Employment and Training Consortium's Private Industry Council, (a committee), and the City of Roanoke, Virginia, (the "Second Parties"), WITNESSETH: WHEREAS, the GETD is charged with the responsibility to administer the Commonwealth of Virginia's participation in the Job Training Partnership Act (JTPA) for the purpose of programs afforded under Title II thereof; and, WHEREAS, the Fifth District Employment and Training Consortium's Private Industry Council has been constituted as the Private Industry Council for Service Delivery Area Number Three, and the Fifth Dis- trict Employment and Training Consortium, and the City of Roanoke have been designated as the Administrative Entity, and the Grant Recipient, respectively,for the said service delivery area; and, WHEREAS, a Job Training Plan has been prepared for the said service delivery area for the two program years commencing on July 1, 1988, and ending on June 30, 1990, and reviewed and approved ail in accordance with the applicable provisions of the JTPA; and, WHEREAS, it is necessary to make provision for funding the said Job Training Plan. NOW THEREFORE, for and in consideration of the mutual covenants hereinafter set forth, the GETD and the Second Parties agree as follows: 1. From funds made available to the Governor of Virginia by the U.S. Department of Labor pursuant to Sections 201 and 251 of the JTPA, funds shall be allotted to the said service delivery area in accordance with the provisions of Section 202 of the JTPA and delivered to the Grant Recipient by the GETD periodically and by such mode as is determined and selected by the GETD. 2. Funds allocated to the said service delivery area and delivered to the Grant Recipient shall be expended by the Second Parties to implement and carry out the said Job Training Plan in accordance with the terms thereof as now approved or as the same may hereafter be modified and approved in accordance with the terms of the JTPA for the program year commencing on July 1, 1988, and ending on June 30, 1989. 3. THIS AGREEMENT IS MADE SUBJECT TO THE AVAILABILITY OF THE SAID FUNDS AND THE ALLOCATION THEREOF TO THIS AGREEMENT BY THE GETD. The GETD shall exert its best efforts to provide the Second Parties with timely advice of changes in funding levels produced at the federal level or required by circumstances affecting within State allocations pursuant to Section 202 of the JTPA. 4. The Fifth District Employment and Training Consortium, (Administrative Entity) and the City of Roanoke, (Grant Recipient), agree, respectively as second parties, to receive, administer, disburse and account for the said funds and such property as may be acquired therewith or otherwise be placed under their control pursuant to the terms of the JTPA or direction of the U.S. Department of Labor. -2- The Fifth District Employment and Training Consortium in conjunction with the Private Industry Council and the Grant Recipient agree to implement and.carry out the said approved Job Training Plan and to perform the related duties imposed upon them by the JTPA, in accor- dance therewith and the regulations of the U.S. Department of Labor and the GETD, as the same may presently exist or hereafter be enlarged or abridged during the period of this Agreement. 5. In pursuance of an agreement between the U.S. Secretary of Labor and the Governor of Virginia, the GETD reserves the right to interpret the requirements of the JTPA and all implementing regula- tions, consistent with the terms thereof, which by this Agreement are applicable to the Contractor. Such interpretations shall be speci- fically identified as "JTPA Interpretations" and shall be issued in accordance with the internal policy of the GETD. The Second Parties shall apply and abide by interpretations heretofore issued as well as all such interpretations issued during the term of this Agreement. The GETD shall review these or any subsequent JTPA Interpretation upon its own motion or the request of the Second Parties and the Second Parties shall have such further recourse if they be aggrieved thereby to review under the grievance procedure mandated by the JTPA . 6. The GETD recognizes the right of the Second Parties to this Agreement to make provision among or between themselves for division of duties and tasks requisite for the proper performance and adminis- tration of this Agreement subject to the provisions of the JTPA and -3- implementing regulations and the terms of that agreement specified in Section 103(b)(1) of the JTPA. The Second Parties agree that they shall not, by.act of commission or ommission, do or fail to do any act in relation to each other which would hinder, frustrate or delay the performance of this Agreement or any act or duty required hereby. Should the agreement required by Section 103(b)(1) of the JTPA, or any subsidiary agreement made among or between the Second Parties be terminated, or there be a claim made of default thereon by any Second Party, then the Chairman of the Policy Board, or his designee, shall give written prompt notice of the particulars to the Executive Director of the GETD. In such event, the GETD shall have the right to withhold further funding under this Agreement or terminate this Agreement as to any Second Party upon such notice as may be reasonable under the circumstances, not in lieu of but in addition to any other remedy available under law if such action be deemed reasonably neces- sary by the GETD to carry out its duty under the JTPA and the laws of the Commonwealth of Virginia. 7. The performance of the Second Parties hereunder shall, for the purpose of Section 106 of the JTPA, be gauged by those performance standards established by the Secretary of Labor pursuant to Section 106 of the JTPA as the same may be varied by the Governor, for the period of this Agreement. 8. This Agreement shall not be assignable, in whole or part, by any Second Party without the written consent of the GETD; provided, however, that contractors may be engaged by the Second Parties to provide services or programs to eligible JTPA participants for which provision is made in the said Job Training Plan. In the exercise of the discretion afforded by this provision, the Second Parties shall -4- adhere to the standards set forth in Section 164(e)(2) of the JTPA. Whenever the word "contractor" appears in the succeeding provisions of this Agreement, the same shall mean such contractors as are permitted by the terms of this paragraph 8. Any such contract, and any subcontract if the same be permitted by the Second Parties, shall be conditioned to secure the benefits of the succeeding provisions to the Second Parties and the GETD. 9. The Second Parties shall give the GETD timely notification of the possibility of disallowed costs incurred in their administra- tion of this Agreement or by their contractors and use prompt and efficient debt collection procedures to obtain cash repayment of disallowed costs. The Second Parties shall not forego debt collection procedures without the express written approval of the GETD. In appropriate cases, the GETD shall petition the Secretary of Labor to: First: Forgive those costs, if possible; if not to: Second: Accept repayment of those costs in other than cash reimburse- ment. Nothing in this provision, however, shall be construed to limit or preclude the pursuit of remedies, either legal or administrative, by the GETD or the Second Parties. 10. Neither the Governor nor the Commonwealth of Virginia assumes liability by virtue of this Agreement for any costs incurred above the amounts provided pursuant to this Agreement or for costs incurred by second parties or their contractors which are determined to be unallowable. Any such costs shall be at the sole risk of the Second Parties or their contractors. The foregoing provisions of this paragraph are not intended to preclude, and shall not be deemed to -5- preclude the Second Parties or their contractors from asserting any defense which may be asserted by them hereafter. I1. The.Second Parties agree to give the GETD prompt notice in writing of any action or suit filed or any claim otherwise made against the Second Parties or their contractors of which they have been notified. 12. The GETD, the Secretary of Labor, the Comptroller General of the United States, or any of its or their representatives shall have access to work and training sites and to any books, documents, papers, and records of the Second Parties and their contractors provided or made in the performance of this Agreement, for the purpose of moni- toring, making surveys, audits, examinations, excerpts and transcripts. 13. No waiver or modification of the terms of this Agreement, including, without limitation, this provision, shall be valid unless in writing and duly executed by the party to be bound thereby. 14. In addition to termination in accordance with the provisions of paragraph 6, hereof, as well as in addition to termination resulting from the non-availability of funds as contemplated by Paragraph 3, the right to terminate this Agreement in accordance with the applicable provisions of the Job Training Partnership Act is reserved. The GETD reserves the right to apply any lesser sanction not proscribed by law or seek any lawful remedy available to it as it may deem requisite to obtain proper performance under this Agreement, to carry out the requirements of the Act and federal and State regula- tions made pursuant thereto, and to maintain the integrity of programs funded through this Agreement. Unless an emergency exists, --6-- the GETD shall not act to impose a sanction except upon reasonable notice and after the Second Parties have opportunity for review in accordance wi~h procedures mandated by JTPA. A sanction imposed in an emergency shall be subject to subsequent review. 15. This Agreement shall terminate at the close of business on June 30, 1989, provided, however, that the same shall remain in effect thereafter until the close of business on September 30, 1989, for the purpose of the conduct of "Summer Youth" programs pursuant to Title II-B of the JTPA for which provision is made in the above Job Training Plan, or for which provision is hereafter made in the next succeeding approved Job Training Plan, as the case may be. The Fifth District Employment and Training Consortium's Private Industry Council, by its Chairman, acknowledges the terms of this agreement and commi, the committee to the extent permitted by law to fulfill the terms of this agreement and to fulfill the terms of the Fifth District Employment and Training Consortium. In witness whereof, the parties have caused this Agreement to be executed by their duly authorized representatives: GOVERNOR'S EMPLOYMENT AND TRAINING DEPARTMENT BY: Executive Director -7- SIGNATURE PAGE FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM BY: TITLE: FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTUIM POLICY BOARD BY: TITLE: CITY OF ROANOKE, VIRGINIA BY: TITLE: APPROVED AS TO LEGAL FORM BY: Tabor Cronk Assistant Attorney General, Counsel for the GETD -8- Office a/the City Gerk July 15, 1988 File #24 Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Dear Mr. Dibling: [ am attaching copy of Ordinance No. the Code of the City of Roanoke was adopted by the Council of held on Monday, July 11, 1988. 29210, readopting and reenacting (1979), as amended, which Ordinance the City of Roanoke at a regular meeting "~ ~ ~'Sincerely' ~~ Mary F. Parker, CMC City Clerk MFP:sw Eno o pc: The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. 0. Clemens, Judge, Circuit Court, P. 0o Box 1016, Salem, Virginia 24153 The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Jack B. Coulter, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court Mr. Donald S. Caldwel!, Commmonwealth's Attorney Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy Dussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Ms. Clayne M. Calhoun, Law Librarian Mr. W. Robert Herbert, City Manager Room 456 Municipal Building 215 ~urch Avenue, S.W. Roanol~e, Virginia 24011 (703) 981-254t Mr. Wilburn C. Page 2 July 15, 1988 Dibling, Jr. pc: Mr. George C. Snead, Safety Mr. M. David Hooper, Chief, Police Department Mr. Raymond F. Leven, Public Defender, Suite Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, Roanoke, Virginia 24037 Mr. Robert L. Laslie, Vice Corporation, P. Jr., Director, Administration and Public 4B, Southwest P. O. Box 13867, President Supplements, Municipal Code 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of 3u]y, 1988. No. 29210. VIRGINIA, AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and providing for an emergency. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as "City Code"); WHEREAS, said Code, as amended, contains certain provi- sions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these 8tare Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference 8tare Code provisions shall be fully consistent with the appli- cable State Code sections, as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, con- sisting of Chapters 1 through 36, each inclusive, is hereby readopted and reenacted. Such Code and amendments hereto- fore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provi- sions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 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 upon its passage. force and effect ATTEST: City Clerk. OFFICE OF THE CITY ATTORNEY July 11, 1988 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Reenactment of City Code Dear Mrs. Bowies and Gentlemen: As you will recall from prior years, Council has reenacted and recodified the City Code on an annual basis in order to properly incorporate in the Code amendments made by the General Assembly at the previous Session to State statutes that are incorporated by reference in the City Code. This procedure ensures that the ordinances codified in our Code incorporate the current provisions of State law. Incorporation by reference is frequently utilized in order to pre- vent having to set out lengthly provisions of state statutes in their entirety. In addition, the technique ensures that local ordinances are always consistent with the State law as is generally required. The procedure whereby a local governing body adopts statutes by reference after action of the General Assembly has been approved by the Attorney General. See Report of the Attorney General (1981-1982) at 272. I recommend that Council adopt the attached ordinance to readopt and reenact the Code of the City of Roanoke (1979). With kindest personal regards, I am Sincerely yours, W , Jr. City Attorney WCDj/WXP:ps Attachment CC: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Administration and Public Safety Donald S. Caldwell, Commonwealth's Attorney M. David Hooper, Chief of Police Mary F. Parker, City Clerk July .14, 1988 File #60 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29216, amending and reordaining certain sections of the 1988-89 Internal Service Appropriations, to provide for the reappropriation of certain funds in order that expen- ditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, MFP:sw Eric: pc: Mr. W. Robert Herbert, Mary F. Parker, CMC City Clerk City Manager 4,56 ,M~nlclpal Building 2t5 (D~urch Avenue, S.W. Roanoke, Vlrg~lo 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 1988. No. 29216. AN ORDINANCE to amend and reordain certain sections of 1988-89 Internal Service 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 Internal Service Appropriations, be, and the same are hereby, amended and reor- dained, to read as follows, in part: the Appropriations Management Services (1-3) ............... City Information Systems (4-7) .......... Materials Control (8-9) ................. Motor Vehicle Maintenance (10-16) ....... Utility Line Services (17-23) ........... 1) Maint. Contracts 2) Admin. Supplies 3) Other Equipment 4) Admin. Supplies 5) Expendable Equip. 6) Publications and Subscriptions 7) Other Equipment 8) Admin. Supplies 9) Maint. - Equipment 10) Admin. Supplies 11) Expendable Equip. 12) Chemicals 13) Maint. - Equipment 14) Project Supplies 15) Furniture & Equip. 16) Vehicular Equipment (006-002-1617-2005) (006-002-1617-2030) (006-002-1617-9015) (006-050-1601-2030) (006-050-1601-2035) ......... $ 406,354 ......... 1,911,506 ......... 1,976,588 ......... 1,714,821 ......... 2,476,509 006-050-1601-2040) 006-050-1601-9015) 006-050-1613-2030) 006-050-1613-2048) 006-052-2641-2030 006-052-2641-2035 006-052-2641-2045 006-052-2641-2048 006-052-2641-3005 006-052-2641-9005 006-052-2641-9010 495 2,605 12,402 629 2,463 312 74,007 210 668 1,924 1,313 4,313 60 1,571 942 28,727 17) Fees for Prof. Services 18) Expendable Equip. 19) Motor Fuel & Lubr. 20) Maint. - Equipment 21) Project Supplies 22) Furniture & Equip. 23) Land Purchases 006-056-2.625-2010) $ 597 006-056-2625-2035) 524 006-056-2625-2038) 540 006-056-2625-2048) 70 006-056-2625-3005) 3,832 006-056-2625-9005) 493 006-056-2625-9050) 4,576 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. July 15, 1988 File #60-192 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29215, amending and reordaining certain sections of the 1988-89 Civic Center Fund Appropriation Ordinance, to provide for the reappropriation of certain funds in order that expenditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, MFP:sw Enc: pc: Mary F. Parker, CMC City Clerk Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Bob Chapman, ~anager, Civic Center I~om 456 Munlclpol Building 215 O~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 98t -2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 1988. No. 29215. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Civic Center Fund Appropriation Ordinance, 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 Civic Center Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: ApDropriations Civic Center Operating (1-3) ................... Capital Outlay - Equipment (4) ................. 1) Admin. Supplies 2) Expendable Equip. 3) Project Supplies 4) Other Equipment (005-050-2105-2030) $ 333 (005-050-2105-2035) 698 (005-050-2105-3005) 1,625 (005-050-8600-9015) 52,328 $1,427,745 152,328 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. ~flce o~ n~e ~ ~e~ July 15, 1988 File #60-27 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29214, amending and reordaining certain sections of the 1988-89 Sewage Treatment Fund Appropriation Ordinance, to provide for the reappropriation of certain funds in order that expenditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw Enc: pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations ~r. Steven L. Walker, Manager, Sewage Treatment Plant Room 456 Municipal Building 2'15 (~urch Avenue. S.W. Roanoke, Vlrg,~la 24011 (703) 98t -2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11th day of July. 1988. No. 29214. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Sewage Treatment Fund Appropriation Ordinance, and pro- viding 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 Treatment Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Sewage Administration (1) ...................... Sewage Maintenance (2-5) ....................... Sewage Operations (6-8) ........................ Sewage Laboratory (9-10) ....................... Sewage Lateral Maintenance (11) ................ Sewage Inventory Clearing (12) ................. 1) Fees for Prof. Services 2) Expendable Equip. 3) Chemicals 4) Maint. - Equip. 5) Maint. - Bldgs. 6) Admin. Supplies 7) Chemicals 8) Maintenance of Infrastructures 9) Chemicals 10) Maintenance of Infrastructures 11) Unidentified Const. 12) Inventory Purchases. $ 2,634,020 1,619,182 2,004,059 152,393 1,221,591 105,017 003-056-3150-2010) $1,076,023 003-056-3155-2035) 816 003-056-3155-2045) 1,251 003-056-3155-2048) 770,611 003-056-3155-2050) 15,093 003-056-3160-2030) 24. 003-056-3160-2045) 20 (003-056-3160-3055) (003-056-3165-2045) (003-056~3165-3055) (003-056-3170-9085) 293 192 1,110 $ 1,591 105,017 (003-056-3174-3006) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. July 15, 1988 File #60-468B Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance ~o. 29213, amending and reordaining certain sections of the 1988-89 Water Fund Appropriation Ordinance, to provide for the reappropriation of certain funds in order that expenditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regu- lar meeting held on Monday, July 11, 1988. Sincerely, MFP:sw Eno: pc: Mr. Mr. Mr. Mary F. Parker, CMC City Clerk W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations M. Craig Sluss, Manager, Water Department Room 456 Munlcl~c)al Building 2t5 Church A',~ue, S.W. I~anc~,e, VIrg,nla 240~1 t (703)98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 1988. No. 29213. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Water Fund Appropriation Ordinance, 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 Water Fund Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: A~iations Water Operating (1-2) ....... Water Pumping Stations (3-5)~~~ Water Purification (6-8) ......................... Capital Outlay from Revenue (9) .................. 1) Fees for Prof. Services 2) Admin. Supplies 3) Expendable Equip. 4) Maint. Equip. 5) Maint. - Bldgs. 6) Chemicals 7) Maint. - Bldgs. 8) Wearing Apparel 9) New Services, Hyd. Lines 002-056-2160-2010) $ 79,894 002-056-2160-2030) 49 002-056-2165-2035,) 259 002-056-2165-2048) 2,395 002-056-2165-2050) 3,317 002-056-2170-2045) 8,968 002-056-2170-2050) 142 002-056-2170-2064) 556 (002-056-2178-9025) 9,709 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. $ 1,516,319 580,998 749,860 987,709 ATTEST: City Clerk. ~flce of ~ne Ci~ ~et~ July 14, 1988 File #60 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29212, amending and reordaining certain sections of the 1988-89 General Fund Appropriation Ordinance, to provide for the reappropriation of certain funds in order that expenditures may be properly classified and liquidated, which Ordinance was adopted by the Council of the City of Roanoke at a regu- lar meeting held on Monday, July 11, 1988. Sincerely, MFP:sw Enc: pc: Mr. W. Robert Herbert, Mary F. Parker, CMC City Clerk City ~ianager Room456 MunlclpalBulldlng 215 Church Avenue, S.W. Rcx~.:~e, Virg~nla2401t (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, lhe llth day of Jul3, 1988. No. 29212. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General'Fund Appropriation Ordinance, 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 Appropriation Ordinance be, and the same are hereby, amended and reordained, to read as follows, in part: A_Pup~riations General Government (1-48) ......................... Judicial Administration (49-66) ................... Public Safety (67-127) Health and Welfare (179-190) ..................... Parks, Recreation and Cultural (191-205) ......... Community Development (206-215) .................. Education (216-303) .............................. Non-Departmental (304) ............................ Fund Balance $ 7,700.151 2,813.593 23,296814 17,701 392 11,136 340 3,140 819 1,067 019 56,915 226 11,221 638 Reserve for Prior Year Encumbrances (305) ......... $(3,266,488) 1) Expendable Equipment' (001-001-1110-2035) $ 7,821 2) Gratuities (001T001-1110-2155) 1,091 120 (001-001-1120-2030) (001-001-1120-2040) (001-001-1120-9005) (001-002-1211-2030) 3) Admin. Supplies 4) Publications and Subscriptions 5) Furniture & Equip. 6) Admin. Supplies 100 1,398-. 178 7) Publications and Subscriptions 8) Furniture & Equip. 9) Other Equipment 10) Admin. Supplies 11) Expendable Equipment 12) Furniture & Equip. 13) Admin. Supplies 14) Admin. Supplies 15) Expendable Equipment 16) Admin. Supplies 17) Expendable Equipment 18) Furniture & Equip. 19) Fees for Prof. Services '001-002-1211-2040) 001-002-1211-9005) 001-002-1211-9015) 001-002-1212-2030) 001-002-1212-2035) 001-002-1212-9005) (001-002-1213-2030) (001-003-1220-2030) (001-003-1220-2035) (001-004-1231-2030) (001-004-1231-2035) (001-004-1231-9005) (001-004-1232-2010) 20) Ac%min. Supplies (001-004-1232-2030) 21) Expendable Equipment (001-004-1232-2035) 22) Fees for Prof. Services (001-005-1240-2010) 23) Admin. Supplies (001-010-1310-2030) 24) Expendable Equipment (001-010-1310-2035) 25) Publications and Subscriptions 26) Other Equipment 27) Admin. Supplies 28) Expendable Equipment 29) Admin. Supplies 30) Admin. Supplies 31) Admin. Supplies 32) Expendable Equipment 33) Insurance 34) Furniture & Equip. 35) Other Equipment 36) Admin. Supplies 37) Fees for Prof. Services 38) Admin. Supplies 39) Expendable Equipment 40) Publications and Subscriptions 41) Medical 42) Furniture & Equip. 43) Other Equipment 44) Admin. Supplies 45) Admin. Supplies 46) Training & Develop. 47) Contributions 48) Admin. Supplies 49) Admin. Supplies 50) Expendable Supplies 51) Vehicular Equipment 52) Other Equipment 5%) Admin. Supplies (001-010-1310-2040) (001-010-1310-9015) (001-020-1234-2030) (001-020-1234-2035) (001-022-1233-2030) (001-023-1235-2030) (001-050-1237-2030) (001-050-1237-2035) (001-050-1237-3020) (001-050-1237-9005) (001-050-1237-9015) (001-050-1260-2030) 001-050-1261-2010) 001-050-1261-2030) 001-050-1261-2035) 001-050-1261-2040) (001-050-1261-2062) (001-050-1261-9005) (001-050-1261-9015) (001-052-1280-2030) (001-054-1270-2030) (001-054-1270-2044) 54-1270-3771) 001-056-1250-2030) 001-024-2140-2030) 001-024-2140-2035) 001-024-2140-9010) 001-024-2140-9015) 001-026-2210-2030) 100 14,732 1,349 296 3,475 799 49 30 980 8,712 642 25,110 30O 2,077 775 60,000 29 102 100 761 1,270 139 872 1,337 492 3,915 52,038 689 7,242 34 4,800 162 3,139 95O 134 587 2,297 41 34 17 168 56 100 1,127 25,104 7,995 27- 54) Publications and Subscriptions 55) Admin. Supplies 56) Furniture & Equip. 57) Maint. Contracts 58) Admin. Supplies 59) Publications and Subscriptions 60) Admin. Supplies 61) Expendable Equipment 62) Publications and Subscriptions 63) Dues & Memberships 64 Furniture & Equip. 65 Other Equipment 66 Expendable Equipment 67 Admin. Supplies 68 Expendable Equipment 69 Maint. Equipment 70 Maint. - Buildings 71 Medical 72 Wearing Apparel 73 Project Supplies 74) Furniture & Equip. 75) Publications and Subscriptions 76) Expendable Equipment 77) Publications and Subscriptions 78) Other Equipment 79) Fees for Prof. Services 80) Admin. Supplies 81) Expendable Equipment 82) Wearing Apparel 83) Admin. Supplies 84) Expendable Equipment 85) Wearing Apparel 86) Admin. Supplies 87) Publications and Subscriptions 88) Fees for Prof. Services 89) Admin. Supplies 90) Training & Equipment 91 Furniture & Equip. 92 Admin. Supplies 93 Expendable Equipment 94 Admin. Supplies 95 Expendable Equipment 96 Medical 97 Wearing Apparel 98 Vehicular Equipment 99 Expendable Equipment (001-026-2210-2035) (001-028-2111-2030) (001-028-2111-9005) (001-070-2120-2010) (001-070-2120-2030) (001-070-2120-2040) (001-072-2110-2030) (001-072-2110-2035) 001-072-2110-2040 001-072-2110-2042 001-072-2110-9005 001-072-2110-9015 001-078-2131-2035 001-024-3310-2030 001-024-3310-2035 001-024-3310-2048 001-024-3310-2050) 001-024-3310-2062) 001-024-3310-2064) 001-024-3310-3005) 001-024-3310-9005) (001-050-3111-2040) (001-050-3112-2035) (001-050-3112-2040) (001-050-3112-9015) 001-050-3113-2010) 001-050-3113-2030) 001-050-3113-2035) 001-050-3113-2064) 001-050-3114-2030) 001-050-3114-2035) 001-050-3114-2064) 001-050-3115-2030) (001-050-3115-2040) 001-050-3211-2010) 001-050-3211-2030) 001-050-3211-2044) 001-050-3211-9005) 001-050-3212-2030) 001-050-3212-2035) 001-050~3213-2030) 001-050-3213-2035) 001-050-3213-2062) 001-050-3213-2064) 001-050-3213-9010) 001-050-3214-2035) 100 463 9,256 39 416 973 455 547 291 720 798 5,005 717 792 5,853 111 549 107 15,440 211 11,247 162 37 255 13,693 50 2,278 2,854 7,298 1,523 971 1,713 367 525 3,270 268 1,000 2,560- 202 200 932 22,015 194 53,356 161,037 400 100) 101) 102) 103) 104) 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124) 125 126 127 128 129 130 131 132 133 134 135 136) 137) 138) 139) 140) 141) 142) 143) 144) 145) 146) 147) .148) Training & Develop. Fees for Prof. Services Admin. Supplies Expendable Equipment Publications and Subscriptions Training & Develop. Chemicals Furniture & Equip. Other Equipment Admin. Supplies Expendable Equipment Publications and Subscriptions Admin. Supplies Expendable Equipment Furniture & Equip. Admin. Supplies Maint. - Equipment Wearing Apparel Admin. Supplies Expendable Equipment USDA - Expenditures Admin. Supplies Housekeep. Supplies Expendable Equipment Maint. - Equipment Program Activities USDA - Expenditures Other Equipment Expendable Equipment Motor Fuels & Lubr. Maint. - Equipment Maint. - Buildings Wearing Apparel Project Supplies Other Equipment Construction Other Equip. Rental/Lease Expendable Equipment Motor Fuels & Lubr. Project Supplies Maintenance of Infrastructures Vehicular Equipment Other Equipment Equip. Rental/Lease Fees for Prof. Services Telephone Admin. Supplies Expendable Equipment Maint. - Equipment (001-050-3214-2044) $ (001-050-3520-2010) (001-050-3520-2030) (001-050-3520-2035) (001-050-3520-2040) (001-050-3520-2044) (001-050-3520-2045) (001-050-3520-9005) (001-050-3520-9015) (001-050-3521-2030) (001-050-3521-2035) (001-050-3521-2040) (001-052-3410-2030) (001-052-3410-2035) (001-052-3410-9005) (001-054-3320-2030) (001-054-3320-2048) (001-054-3320-2064) (001-054-3350-2030) (001-054-3350-2035 (001-054-3350-3000 (001-054-3360-2030 (001-054-3360-2032 (001-054-3360-2035 (001-054-3360-2048 001-054-3360-2066 001-054-3360-3000 001-054-3360-9015 001-050-4340-2035) 001-050-4340-2038) 001-050-4340-2048) 001-050-4340-2050) 001-050-4340-2064) 001-050-4340-3005) (001-050-4340-9015) (001-050-4340-9065) (001-050-4340-3070) (001-052-4110-2035) (001-052-4110-2038) (001-052-4110-3005) (001-052-4110-3055) (001-052-4110-9010) (001-052-4110-9015) (001-052-4110-3070) (001-052-4120-2010) (001-052-4130-2020) (001-052-4130-2030) (001-052-4130-2035) (001-052-4130-2048) 220 554 97 2,729 14 75 220 517 13,697 87 3,838 107 167 2,102 1,618 494 11 563 189 1,273 228 189 974 1,190 174 150 410 3,689 557 580 72 4,346 11 10,962 35,752 19,520 200 852 1,220 62,127 31,696 279,857 91,535 1,095 343,656 19,108 2,637 3,040 150 149 150 15~) 152 153 154 155 156 157 158) 159) 160) 161) 162) 163) Project Supplies Other Equipment Other Rental Maint. - Equipment Telephone Admin. Supplies Expendable Equipment Motor Fuels & Lubr. Maint. - Equipment Maint. - Buildings Maintenance of Infrastructures Maintenance 3rd Party Contract Furniture & Equip. Admin. Supplies Publications and Subscriptions 164) Vehicular Equipment 165) Wearing Apparel 166) Vehicular Equipment 167) Fees for Prof. Services 168 Admin. Supplies 169 Expendable Equipment 170 Other Equipment 171 Admin. Supplies 172 Expendable Equipment 173 Project Supplies 174 Maint. - Gen. Fund 175 Maint. - Enterprise Fund 176) Maintenance 3rd Party Contract 177) Vehicular Equipment 178) Other Equipment 179) Other Equipment 180) Admin. Supplies 181) Admin. Supplies 182) Admin. Supplies 183) Expendable Equipment 184) Admin. Supplies 185) Admin. Supplies 186) Expendable Equipment 187) Food 188) Medical 189) Program Activities 190) Other Equipment 191) Fees for Prof. Services 192) Electric 193) Admin. Supplies 194) Expandable Eq~_ipment 195) Chemicals (001-052-'4130-3005 (001-052-4130-9015 (001-052~4130-3075 001-052-4150-2048 1001-052-4160-2020 001-052-4160-2030 001-052-4160-2035 001-052-4160-2048 001-052-4160-3055) 001-052-4160-3056) (001-052-4160-9005) (001-052-4160-9010) (001-052-4160-9015) (001-052-4210-2030) (001-052-4210-2040) (001-052-4210-9010) (001-052-4220-2064) (001-052-4220-9010) (001-052-4310-2010) (001-052-4310-2030) (001-052-4310-2035) (001-052-4310-9015) (001-052-4330-2030) (001-052-4330-2035) (001-052-4330-3005) (001-052-4330-3050) (001-052-4330-3051) 001-052-4330-3056) 001-052-4330-9010) 001-052-4330-9015) 001-054-5110-9015) 001-054-5311-2030) 001-054-5312-2030) 001-054-5313-2030) (001-054-5313-2035) (001-054-5314-2030) 1001-054-5316-2030) 001-054-5340-2035) 001-054-5340-2060) 001-054-5340-2062) 001-054-5340-2066) 001-054-5340-9015) 001-050-7110-2010) 001-050-7110-2022) 001-050-7110-2030) 001-050-7110-2035) 001-050-7110-2045) 1,944 81,128 63,272 7,020 29 900 3,668 14,632 17,303 2OO 763 52,604 11,902 870 100 238,725 481 9,195 5,358 1,703 1,324 10,515 448 3,934 84 8,298 10,552 126,826 58,233 3,248 59,441 633 243 1,126 1,102 388 54 5,399 1,317 266 15 6,472 2,287 8 1,109 656 1,767 196) 197) 198) 199) 200) 201) 202) 203) 204) ProGram Activities Senior Citizens Special Events Ceramics Furniture & Equip. Other Equipment 001-050-7110-2066) 001-050~7110-2120) 001-050-7110-2125) 001-050-7110-2135) 001-050-7110-9005) 001-050-7110-9015) Admin. Supplies 001-054-7310-2030) Expendable Equipment (001-054-7310-2035) Publications and Subscriptions 205) TDD Equip. for Deaf- Library 206) Fees for Prof. Services 207) Admin. Supplies 208) Expendable Equipment 209) Furniture & Equip. 210) Aclmin. Supplies 211) Admin. Supplies 212) Expendable Equipment 213) Contributions - Bus. Partnership 214) Furniture & Equip. 215) Other Equipment 216) Field Trips 217) Other Operation Supplies 218) Other Operation Supplies 219) Custodial (001-054-7310-2040) (001-054-7310-9016) 001-002-8120-2010) 001-002-8120-2030) 001-002-8120-2035) 001-002-8120-9005) 001-002-8123-2030) 001-052-8110-2030) 001-052-8110-2035) (001-052-8110-3772) (001-052-8110-9005) (001-052-8110-9015) (001-060-6001-6146-0583) (001-060-6001-6200-0615) (001-060-6001-6300-0615) Supplies 220) Mileage 221) Books and Subscriptions 222) Educ. & Rec. Supplies 223) Fuel 224) Lease/Rent of Equipment 225) Payment of Bond Principal 226) Books & Subscr. 227) Educ. & Rec. Supplies 228) Lease/Rent of Equipment 229) Repl. - Data Proc. Equip. 230) Books & Subscr. 231) Educ. & Rec. Supplies 232) Books & Subscr. 233) EduC. & Rec. Supplies (001-060-6001-6301-0331) (001-060-6001-6301-0551) (001-060-6001-6301-0613) (001-060-6001-6301-0614) (001-060-6001-6302-0332) (001-060-6001-6302-0541) (001-060-6001-6302-0601) (001-060-6001-6302-0613) (001-060-6001-6302-0614) (001-060-6001-6303-0541) (001-060-6001-6303-0806) (001-060-6001-6304-0613) (001-060-6001-6304-0614) (001-060-6001-6305-0613) (001-060-6001-6305-0614) 1,950 652 255 1,405 815 16,031 3,398 2,252 787 3,271 2,740 143 8,278 1,176 75 1,270 6,760 45 2,374 5,973 1,202 5,527 3,663 5,518 419 246 3,497 9,728 9,679 11,750 2,822 10,749 690 38,141 14,211 1,557 1,003 1,009 234) Custodial Supplies 235) Books & Subscr. 236) Educ. & Rec. Supplies 237) Transfers to Grant Fund 238) Books & Subscr. 239) Educ. & Rec. Supplies 240) Books & Subscr. 241) Edu¢. & Rec. Supplies 242) Custodial Supplies 243) Books & Subscr. 244) Educ. & Rec. Supplies 245) Books & Subscr. 246) Educ. & Rec. Supplies 247 Mileage 248 Payment of Bond Principal 249 Educ. & Rec. Supplies 250 Other Operation Supplies 251 Transfers to Capital Fund 252 Conventions/ Education 253 Inservice Work- shops 254 Inservice Supplies 255) Mileage 256) Other Operation Supplies 257) Educ. & Rec. Supplies 258) Books & Subscr. 259) Transfers to Grant Fund 260) Other Attend & Health Srvc. 261) Payments in Lieu of Trans. 262) Tuition - In-State 263) Books & Subscr. 264) Educ. & Rec. Supplies 265') Fuel (001-060-600176306-0331) (001-060-6001-6306-0613) (001-060-6001-6306-0614) (001-060-6001-6306-0801) (001-060-6001-6307-0613) (001-060-6001-6307-0614.) (001-060-6001-6308-0613) (001-060-6001-6308-0614) (001-060-6001-6311-0331) (001-060-6001-6311-0613) (001-060-6001-6311-0614) (001-060-6001-6312-0613) 001-060-6001-6312-0614) 001-060-6001-6313-0551) 001-060-6001-6313-0601) 001-060-6001-6313-0614) 001-060-6001-6313-0615) 001-060-6001-6313-0802) 001-060-6001-6314-0554) 001-060-6001-6314-0587) 001-060-6001-6314-0617) 001-060-6001-6315-0551) (001-060-6001-6315-0615) (001-060-6001-6316-0614) (001-060-6001-6318-0613) (001-060-6001-6318-0801) (001-060-6001-6329-0312) (001-060-6001-6329-0344) (001-060-6001-6329-0382) (001-060-6001-6329-0613) (001-060-6001-6329-0614) (001-060-6001-6330-0332) 5,345 434 27,160 4,376 123 198 2,700 348 3,848 33 2,843 204 2,578 27 1,575 28,851 4,108 33,105 13,328 1,323 7,665 200 9,511 45 5,567 9,672 85,498 2,692 77,253 3,921 3,278 35 266) Custodial Supplies 267) Fuel 268) Mileage 269) Books & Subscr. 270) Educ. & Rec. Supplies 271) Payment of Bond Principal 272) Educ. & Rec. Supplies 273) Educ. & Rec. Supplies 274) Dues & Assoc. Memberships 275) Printing & Binding Srvc. 276) Health Ins. Instr. 277) Medical & Dental Supplies 278) Postal Services 279) Lease/Rent of Equipment 280) Mileage 281) Payment of Bond Principal 282) Textbooks 283) 284) 285) 286 287 288 289 290 (001-060-6001-6343-0331) (001-060-6001-6343-0332) (001-060-6001-6343-0551) (001-060-6001-6343-0613) 001-060-6001-6343-0614 001-060-6001-6346-0601 001-060-6001-6346-0614 001-060-6001-6449-0614 001-060-6002-6661-0581 001-060-6002-6662-0351 001-060-6002-6666-0210 001-060-6002-6666-0313) 001-060-6002-6666-0521) (001-060-6002-6666-0541) (001-060-6002-6666-0551) (001-060-6002-6666-0601) (001-060-6002-6671-0311) Medical & Dental Supplies Mileage Health Ins. - Non-instr. Repl. - School Buses 291 292) Repair & Maint. Supplies 293) Fuel 294) Transfers to Grant Fund 295) Transfers to Capital Fund 296) Vehicle & Equip. Supplies (001-060-6002-6673-0313 (001-060-6002-6673-0551 (001-060-6002-6675-0211 (001-060-6002-6676-0808 Vehicle & Equip. Supplies (001-060-6002-6678-0610 Janitorial Supplies Repair & Maint. Supplies Repl. - Other Cap. Outlays Fuel (001-060-6002-6681-0606 (001-060-6002-6681-0608 (001-060-6002-6681-0809 (001-060-6002-6682-0332 (001-060-6002-6682-0608) (001-060-6002-6683-0332) (001-060-6002-6683-0801) (001-060-6002-6683-0802) (001-060-6002-6684-0610) 1,428 2,572 2,137 1,573 11,645 126 8O 356 39 5 123 413 33 434 1,801 25,484 6,184 722 13 4,255 107,385 2,121 1,089 27,318 110,387 11',701 1,018 7,683 10,797 6,645 692- 297) Repl. - Motor Vehicles 298) Fuel 299) Purch. Services 300) Food 301) Food Service Supplies 302) Repair & Maint. Supplies 303) Transfers to Grant Fund 304) Miscellaneous 305) Reserve forr Prior Year Encumbrances (001-060-6002-6684-0804) (001-060-6003-6788-0332) (001-060-6003-6788-0381) (001-060-6003-6788-0602) (001-060-6003-6788-0603) (001-060-6003-6788-0608) (001-060-6003-6788-0801) (001-004-9140-2170) (001-3331) 8,939 57 1,441 37,790 1,438 2,205 1,284 8,937 (3,266,488) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk c~'~ o~ ~o^No~<"'. VA. ::~T¥ ~',i ;_=~. ~ i : July 11, 1988 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Reappropriation of Outstanding Encumbrances as of June 30, 1988 At the close of fiscal year 1988, budget funds were obligated for outstanding encumbrances. Purchase orders or contracts have been issued for the goods and services as of the close of F¥88, but delivery of the goods, or performance of the services have not been completed. Reappropriation of these funds brings forward the unspent budget funds that were originally appropriated and obligated contractually for the goods and services. The appropriation amounts are as follows: General Fund Open encumbrances Water Fund Open encumbrances Sewage Fund Open encumbrances Civic Center Fund Open encumbrances Internal Service Fund Open encumbrances $3,266,488 $ 105,289 $1,972,041 $ 54f984 $ 143,273 Honorable Mayor Page 2 July 11, 1988 and Members of City Council I recommend that Council adopt the attached budget ordinances to reappropriate these funds into the current year budget in order that these expenditures may be properly classified and liquidated. JMS/kp Office of fi~e City Clerk July 15, 1988 File #184-24 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29217, amending and reordaining §2-177, Automatic deposit, of the Code of the City of Roanoke (1979), as amended, to provide that all employees hired on or after May 13, 1987, shall have automatic deposit of employee payroll compensation, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: sw Enco pc: Mr. Mr. The Honorable Kenneth E. Trabue, Chief Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable G. 0. Clemens, Judge, Circuit Court, P. 0. Box 1016, Salem, Virginia 24153 The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Jack B. Coulter, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Roy B. Willett, Judge, Circuit Court The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court Mr. Donald S. Caldwell, Commmonwealth's Attorney Miss Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court. Mr. Ronald Albright, Clerk, General District Court Ms. Clayne M. Calhoun, Law Librarian W. Robert Herbert, City Manager Earl B. Reynolds, Jr., Acting Personnel Manager Room456 Munlci~alBuildlng 215C~urchA',~,~ue, S.W. Roanoke, VIrcj~nla240~ll (703)981-2541 Mr. Joel M. Schlanger Page 2 July 15, 1988 Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby D. Casey, Office of the Magistrate, P. 0. Box 13867, Roanoke, Virginia 24037 Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, P. 0. Box 2235, Tallahassee, Florida 32304 IN THE COUNCIL OF THE CITY OF ROANOKE, The llth day of July, 1988. No. 29217. VIRGINIA, of AN ORDINANCE to amend and reordain §2-177, Automatic deposit, the Code of the City of Roanoke (1979), as amended, to provide that all employees hired on or after May 13, 1987, automatic deposit of employee payroll compensation; for an emergency. shall have and providing BE 1. City of follows: IT ORDAINED by the Council of the City of Roanoke that: Section 2-177, Automatic deposit, of the Code of the Roanoke (1979), as amended, is amended and reordained as $2-177. Automatic deposit. (a) All employees hired on or after May 13, 1987, shall be required to participate in automatic direct deposit of employee payroll compensation. (b) For employees hired prior to May 13, 1987, subject to consent of the employee, the director of finance shall provide for automatic deposit of employee payroll compensation. (c) The appropriate city checking accounts may be charged with debit memos to accommodate authorized electronic funds transfers. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. Attest: City Clerk. July 11, 1988 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Direct Deposit of Payroll Administrative implemented May, employees hired on of direct deposit. All new official extending procedures were developed and 1987, that required regular and temporary or after May 13, 1987, to use the convenience employees are informed the offer of employment by the administrative that direct deposit of payroll is mandatory as a "condition of employment". The Roanoke City Code Section 2-177 needs modification for the administrative procedures that have effectively worked for more than a year. I recommend your approval of the attached ordinance. JMS:dp July 15, 1988 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke. Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29218, amending and reordaining certain sections of the 1988-89 Capital Fund Appropriations, providing for the appropriation of $217,140.00 in capital funds in connection with meeting safety requirements of the Virginia Public Building Safety Improvements Act as applied to school buildings, which Ordi- nance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 11, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw Enc: pc: Mr. W. Robert Herbert, City Manager Mr. James M. Turner, Jr., Chairman, Roanoke City School Board, 2405 Wycliffe Avenue, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. 0. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affai'rs and Clerk of the Board, P. 0. Box 13105, Roanoke, Virginia 24031 ~ 4~ Munl¢lf~l Building 215 ~ur~h Avenue, $,W. I:t, oclnol~, ¥1rglnlo 240t I (703) 98t-254t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The llth day of July, 1988. No. 29218. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Capital Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Education Building Safety (1-2) ................................ Capital Improvement Reserve Public Improvement Bonds - Series 1988 (3) ........... l) Fixtures 2) Alterations Buildings 3) Schools to 008-060-6063-6788-0822) $ 24,340 008-060-6063-6896-0851) 192,800 008-052-9603-9182) (217,140) $ 4,081,921 217,140 2,798,869 264,076 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City'Clerk 1 Edwin fl. F~lnour, Chairman LUilIIom White, S~., Vice Chairman Donc~d Bam~ Roanoke City School Board P.O Box 13105. Roonc~e. Virginia 24031 · Sollye T. Coleman LaVeme B. DIIion David K. L~ · 703-981-2381 June 17, 1988 Jomes M, TUrner, Jr. Flank P. Toro, Sup~ln~enden~ Richard L. Kelleg. O, mk of the Boord The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 2a,011 Dear Members of Council: As the result of official School Board action at its meeting of June 16, 1988, ' r requirements of 1;he~ Pu~ ·.appHes to SChOol bullclln~s. The Board further requests City Council to appropriate funds to the following school accounts: Grant No. 6a, la,- Grant No. 6563- Grant No. 656/4- Grant No. 6565- Grant No. 6566- $35,680.00 for the 1988 Summer Youth Title II-A program to provide teenage mothers specialized training in marketable occupations, and also provide Vocational training for v~6cational trades students during the summer months. The program is one hundred percent reimbursed by federal funds. $585,689.00 for the 1988-89 Flow Through program to provide aid for the education and guidance of handi- capped students. The program is one hundred percent reimbursed by state and federal funds. $a,2,512.00 for the Child Development Clinic program to provide funds for the salary and expenses of the educational coordinator at the clinic. The program is one hundred reimbursed by state funds. $53,127.00 for the Bureau of Crippled Children program to provide funds for the salary and expenses of the educational coordinator at the bureau. The program is one hundred percent reimbursed by state funds. $3a,,121.00 for the Juvenile Detention Home program to provide funds for the salary and expenses of the educational coordinator at the home. The program is one hundred percent reimbursed by state funds. Excellence in Education ROANOKE CITY SCHOOL BOARD Roanoke, Uiriinia hPPROPRIATION REQUEST 1988 Capital Bond Issue Buildin~ Safety ! 008-060-6063-6788-0822 008-060-6063-6896-08S1 Appropriation Unit ZMM Fixtures Alterations to Buildings S 24,340.00 $ ~17,140.00 The above approprietion represents the second request for proceeds from the anticipated 1988 Capital Bond Issue. As part of the requirements of the Virginia Public Buildin9 Safety Improvements Act, emergency exit signs and lightin9 will be installed in all schools buildings and safety equipment will be installed in school cafeterias. A balance of $88,934 of anticipated proceeds of the 1988 CaPita] Bond Issue remains as unappropriated funds allocated for buildin9 safety improvements. June~16, 1988 Office July 15, 1988 File #249-166 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29197, authorizing execution of documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions, which Ordinan. ce was adopted by the Council of the City of Roanoke on first reading on Monday, June 27, 1988, and also adopted by the Council on second reading on Monday, July 11, 1988. Sincerely, MFP:sw Eric: pc: Mary F. Parker, CMC City Clerk Mr. James b. Trinkle, 120 Kirk Avenue, S. W., Roanoke, 24011 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Brian J. Wishneff, Chief, Economic Development Virginia ' Room456 MunlcipolBuilding 215 Church Av~ue, S.W. Roanoke, ~rg~nla 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROAN(KE, VIRGINIA, The llth day of July, 1988. No. 29197. AN ORDINANCE authorizing the execution of certain documents relating to the exchange of certain property between the City and James L. Trinkle, subject to various terms and conditions. BE IT ORDAINED by the Council of the City of Roan~e that: 1. The City Manager and the City Clerk are authorized to execute and to seal and attest, respectively, a Real Estate Option Agreenent for the period of July 1, 1988, to August 31, 1988, for the consideration of $1,500.00 per month, with James L. Trinkle, providing that the City wil 1 exchange real estate owned by it at 124 Kirk Avenue for real estate owned by Mr. Trinkle at 118 and 19.4 Campbell Avenue, upon the condition that (1) there is a buyer or buyers ready and willing to purchase these parcels fr~n the City, and a buyer or buyers are ready and willing to purchase the parcels at 120 and 122 Campbell Avenue also owned by Mr. Trinkle, upon certain term and conditions, (ii) that Mr. Trinkle lease back to the City for up to tv~o years the parcel at 124 Kirk Ave- nue, upon certain terms and conditions, and that (iii) Mr. Trinkle pay the City consideration in the amount of $2'9,308.00; such Agreenent to be substantially in the form attached to the report of the City Manager dated June 27, 1988, and to be approved as to form by the City Attorney. 2. Upon the fulfillment of the relevant terms and conditions of the aforesaid Real Estate Option Agreement, the Mayor and City Clerk are authorized to execute a Deed of Exchange exchang- inE the City's real estate located at 124 Kirk Avenue for Trinkle's real estate at lis and 124 Campbell Avenue, the City to receive additional consideration in the amount of such Deed to be approved as to form by the City Attorney. S. Upon the fulfillment of the relevant terms and condi- tions of the aforesaid Real Estate Option Agreement, the City Manager and the City Clerk are authorized to execute a Real Estate Purchase Agreement and AssOrtment Agreement with any qualified party desiring to acquire the real estate at 118 and 124 Campbell Avenue, and 120 and 122 Campbell, respectively, upon which the City has an ass~nable option to purchase, such Real Estate AEreements to be in substantially the same form as they are attached to the City Manager's report of June 2?, 1988, and to be approved as to form by the City Attorney. 4. Upon the fulfillment of the relevant terms and condi- tions of the aforesaid Real Estate Option Agreement, the City ManaEer and the City Clerk are authorized to execute and to seal and attest, respectively, a Lease frGn Mr. Trinkle of the real estate at 124 Kirk Avenue for a period of up to two years for the consideration of $2,0?2.22 per month, and other considera- tion, such Lease to be in substantially the same form as it is attached to the City Manager's report to Council of June 27~ 1988, and to be approved as to form by the City Attorney. ATTEST: City Clerk. June 27, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Historic buildings on Campbell Avenue I. Background A. A demolition permit has been issued to Mr. James L. Trinkle for the demolition of buildings located at 118, 120, 122 and 124 Campbell Avenue. The historic nature of the buildings and the importance of the landscape of Campbell Avenue and downtown as a whole has caused concern to try to save these structures. Mr. Trinkle did not want to sell the buildings unless there was some swap involving land. Temporary agreement has been reached with Mr. Trinkle concerning the buildings. Major elements of the agreement are as follows: The City would option the four buildings until August 31, 1988. A $1,500.00 monthly consideration for the option would be paid. The City would attempt to find a buyer or buyers for the buildings. The transaction would not be consummated unless a buyer or buyers were found for all four buildings. 4. There would be no obligation for the City to buy the buildings. A buyer of one or more of the Campbell Avenue buildings will have to maintain the structure for at least five years. REAL ESTATE OPTION AGREEMENT DPA.~T NO. 5 6/27/88 THIS AGREEMENT, made and entered into this day of , 1988, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation, hereinafter referred to as the "City," and JAMES L. TRINKLE, hereinafter referred to as "Mr. Trinkle," W I T N E S S E T H: WHEREAS, James L. Trinkle is the owner in fee simple of four parcels and the structures thereon, located at 118, 120, 122 and 124 Campbell Avenue, in the City, which structures contain unique features and are of great historical value to the citizens of the City of Roanoke, are eligible for listing in the National Regi- ster of Historic Places, and are a vital element of the block of Campbell Avenue in which they are located; and WHEREAS, Mr. Trinkle desires to provide additional parking for his office building occupied by C. W. Francis & Son on Kirk Avenue and for the Shenandoah Building owned by him on First Street, and he and the City desire to avoid demolishir~ the structures at 118, 120, 122 and 124 Campbell Avenue; and WHEREAS, the City owns the real estate located at 124 Kirk Avenue, which it is willing to exchange with Mr. Trinkle for the parcels at 118 and 124 Campbell Avenue, upon the condition that (i) there is a buyer or buyers ready and willing to purchase these parcels from the City, and a buyer or buyers are ready and willing to purchase the parcels at 120 and 122 Campbell Avenue, upon certain terms and conditions, (ii) that Mr. Trinkle lease back to the City for two years the parcel located at 124 Kirk Avenue, upon certain terms and conditions, and that (iii) Mr. Trinkle pay the City consideration in the amount of $29,308.00. NOW, THEREFORE, the parties in consideration of the premises and the mutual covenants contained herein, agree as follows: 1. Grant of Option. In consideration of the sum of $1,500.00 per month, commencing July 1, 1988, to be paid in advance each month by the City to Mr. Trinkle, Mr. Trinkle hereby grants to the City the exclusive option to purchase the real estate located at 120 and 122 Campbell Avenue, and the option to exchange the real estate owned by Mr. Trinkle at 118 and 124 Campbell Avenue for the property owned by the City at 124 Kirk Avenue and valued at $236,000.00 in the exchange (hereinafter collectively described as the "Exchange Property"), upon the terms and conditions described herein, and which real estate is more particularly described in Paragraphs 2 and 3 below. Such payments shall be paid monthly for the duration of this Agreement, or until the City gives Mr. Trinkle written notice of its elec- tion to exercise its options on all of the real estate at 118, 120, 122 and 124 Campbell Avenue. 2. Description of Optioned Premises. The optioned proper- ty is described as follows (collectively referred to hereinafter as the "Property"): 118 Campbell Avenue - bearing Official Tax No. 1011512, and being Lot ll, Block 10, Official Survey, Section S~1, with improve- ments thereon. - 2 - 120 Campbell Avenue - bearing Official Tax No. 1011511, and being Lot 10, Block 10, Official Survey, Section SW1, with improve- ments thereon. 122 Campbell Avenue - bearing Official Tax No. 1011510, and being Lot 9, Block 10, Official Survey, Section 8W1, with improve- ments thereon. 124 Campbell Avenue - bearing Official Tax No. 1011509, and being Lot 8, Block 10, Official Survey, Section SW1, with improve- ments thereon. 3. Description of City-owned property to be exchanged. The real estate owned by the City which the City has an option to ex- change for 118 and 124 Campbell Avenue is described as follows: 124 Kirk Avenue, bearing Official Tax No. 1011605, and being Lots 7 and 8, Block 12, Official Survey, Section SW1, with improve- ments thereon. 4. Expiration Date. If not sooner exercised by the City giving written notice to Mr. Trinkle that it has elected to do so, this Agreement shall expire on August 31, 1988, and thereafter shall be null and void. 5. Purchase price of 120 and 122 Campbell Avenue. The pur- chase price for 120 Campbell Avenue shall be $96,654.00, and for 122 Campbell Avenue shall be $96,654.00, payable at closing. 6. Consideration for Exchange Property. The City and Mr. Trinkle shall each convey to the other their portion of the Ex- change Property, and Mr. Trinkle shall pay the City the sum of $29,308 at closing in consideration of the exchange of the Ex- Change Property. The deed of exchange shall be executed in substantially the form as attached hereto as Exhibit A. upon: Special Conditions. This Agreement is contingent (a) Purchasers being found within the period in which this Agreement is in effect for all of the Property, and the purchasers of 118 and 124 Campbell Avenue executing Real Estate Purchase Agreements in substantially the same form as attached hereto as Exhibit B, and delivering them to the City, and the purchasers of 120 and 122 Campbell Avenue executing Assignment Agreements in substantially the same form as attached hereto as Exhibit C, and delivering them to the City. (b) Mr. Trinkle leasing back to the City for a period of up to two (2) years the real estate at 124 Kirk Avenue, such lease to be subject to the terms and conditions set out in the Lease Agree- ment attached hereto as Exhibit D, which Lease Agreement shall be tendered to the City, fully executed by Mr. Trinkle, at the time of closing on the Exchange Property. (c) Property at 120 and 122 Campbell Avenue shall be conveyed by Mr. Trinkle at the time of closing subject to a condition that the improve- ments on these parcels will not be demolished by the grantee, his successors, heirs or assigns for a period of five (5) years after the date of clos- ing on the property, as a covenant running with the land, without the prior written approval of the Council of the City of Roanoke, and that the purchaser will expend no less than $75,000.00 in improvements to the Property within eighteen months after the date of closing. (d) Mr. Trinkle, his successors, heirs and assigns shall support and cooperate with the City Planning Commission in its petition to have the Property designated by the City with the zoning overlay classification of H-I, His- toric District. 8. Conditions of Sale. The sale and conveyance of the Property shall be subject to the following: (a) Present and future laws, ordinances, regulations, re- strictions, or orders of any Federal, State or local government or of any public authority, including, without limitation, zoning and any other restrictions imposed by governmental authority. (b) Facts that would be disclosed by an accurate survey. (c) The City providing Mr. Trinkle with a letter from a qualified party that the roof of the structure at 124 Kirk Avenue is in good condition and does not need repair or replacement. 9. Title. Mr. Trinkle warrants that he has fee simple title to the Property. The City, at its own expense, shall order a title insurance policy, including a title binder, in the amount of the purchase price issued by a national title insurance com- party. Such title policy shall reveal insurable and marketable title free and clear of all material title objections as deter- mined by the City. In the event the~binder reflects defects or other conditions which would prevent conveyance of an insurable and marketable title to the City or prevent the City's contem- plated use of the Property, the City shall advise Mr. Trinkle and Mr. Trinkle shall, at his option, either (i) cancel this Agree- ment by written notice to the City, whereupon all monies paid pursuant to this Agreement shall be refunded to the City, or (ii) proceed diligently at his expense to clear title to the Property · within ninety (90) days from such notice. In the event title to the Property shall not prove marketable within ninety (90) days, the City shall have the option of demanding and receiving back all monies paid pursuant to this Agreement and shall be released from all obligations hereunder. ~r. Trinkle shall have the right to have the title to the real estate at 124 Kirk Avenue examined at his own expense, and shall have the same rights and obliga- tions with regard to this real estate as the City has with re- gard to the Property, as set forth above. 10. Conveyance. At closing, Mr. Trinkle shall deliver a General Warranty Deed with English Covenants of Title conveying fee simple title to the Property to the City (the form of the deed for the Exchange Property being set forth as Exhibit.A). 11. . Closing. The closing on the Property shall be held at a time of the City's selection within thirty (30) days after the City gives Mr. Trinkle notice of its intent to exercise its op- tion under the terms of this Agreement. Closing shall take - 6 - place in the Office of the City.Attorney, or some other mutually acceptable location. 12. Assignment. Mr. Trinkle acknowledges and agrees that the City shall have the right to assign its rights under this Agree- ment to purchase the real estate at 120 and 122 Campbell Avenue with no notice or consent by Mr. Trinkle of any kind. 13. Prorations. Taxes shall be prorated as of the date of closing. 14. Successors. The parties agree and fully understand that this Agreement shall be binding upon the parties, their heirs, successors, assigns, executors, and administrators. 15. Complete Agreement. The Agreement represents the full understanding between the parties; there are no written or oral agreements between the parties, other than those contained herein. 16. Buyer. Mr. Trinkle agrees to use his best efforts to find a purchaser or purchasers ready and willing to purchase the Property. 17. ~ecording. This Agreement shall be recorded in the land records in the Office of the Clerk of the Circuit Court of the City of Roanoke. 18. Risk of loss. Each party shall bear all risk of loss of its own portion of the Exchange Property until closing. If there is any material change in any of the Exchange Property, either party shall have-the option of terminating this Agree- ment. 19. Right of agents shall have entry. Prior to closing, each party or their full access to the other's portion of tie Ex- - 7 - change Property for the purpose of surveying, conducting engi- neering studies, and the like. 20. Commissions. The parties acknowledge that no real estate agent was involved in this transaction and each agrees to hold the other harmless from any claim for a commission by rea- son of any action on their part. WITNESS the following signatures and seals: ATTEST: CITY OF ROANC~IE, VIRGINIA City Clerk By City Manager James L. Trinkle (SEA ) STATE OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: The foregoing Real Estate Option Agreement was acknowledged before me this __ day of , 1988, by W. Robert Herbert and Mary F. Parker, City Manager and City Clerk, respec- tively, of the City of Roanoke, on behalf of that municipal cot- poration. My commission expires: Notary Public - 8 - STATE OF VIRGINIA ) CITY OF ROANOKE ) To-wit: The foregoing Real Estate Option Agreement was acknowledged before me this day of , 1988, by JAMES L. TRINKLE. My co~mission expires: Notary Public THIS DEED OF EXCHANGE, made and entered into this day of , 1988, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation, party of the first part, and JAMES L. TRINKLE, unmarried, party of the second part, W ITNESSETH: That for and in consideration of the sum of Twenty-nine Thousand, Three Hundred Eight Dollars ($29,308.00), cash in hand paid, and the conveyance of the hereinafter described real estate, the said party of the fXrst part does hereby grant, bargain, sell and convey with GENERAL WARRANTY AND ENGLISH COVE- NANTS OF TITLE unto James L. Trinkle, the following described parcel of land, to wit: The real estate at 124 Kirk 1010605, and being Lots 7 and 8, tion SWl. Avenue, bearing Official Tax No. Block 12, Official Survey, Sec- BEING... And, for and in consideration of the sum of One Dollar ($1.00), cash in hand paid, and the conveyance of the above-described real estate, the party of the second part does hereby grant,'bargain, sell and convey with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the City of Roanoke, the following described parcels of land, to-wit: The real cia1 Tax Nos. 10, Official estate at 118 and 124 Campbell Avenue, bearing 0ffi- 1011512 and 1011605, and being Lots 11 and 8, Block Survey, SWl, respectively. EXHIBIT A BEING .... The party of the first part is a city which is exempt pur- suant to the provisions of SS58.1-811A(3) and C(3), Code of Vir- ginia (1950), as amended, from the payment of recordation taxes. Recordation of this deed constitutes the acceptance of the above-described property by the parties of the first and second parts. ATTEST: CITY OF ROANOKE, VIRGINIA, a municipal corporation By Mary F. Parker, City Clerk '" Noel C. Taylor, ~ayor James L. Trinkle (SEAL) STATE OF VIRGINIA) ) To-wit: CITY OF ROANOKE ) The this Mary F. foregoing Deed of Exchange was acknowledged before me day of , 1988, by Noel C. Taylor and Parker, Mayor, and City Clerk, respectively, of the City of Roanoke, on behalf of that municipal corporation. My co~mission expires: Notary Public STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: The foregoing Deed this day of unmarried. of Exchange was My commission expires: acknowledged before me 1988, by JA~E8 L. TRINKLE, Notary Public HEAL ESTATE PURCHASE AGREEMENT THIS' PURCHASE AGREEMENT, made this__ day of 1988, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation, hereainafter referred to as "Seller," and , hereinafter referred to as "Buyer," WHEREAS, dated is recorded W I T N E S S E T H: by the terms of a Beal Estate Option Agreement , 1988, with James L. Trinkle, which Agreement in the Office of the Clerk of the Circuit Court of the City of Roanoke in Deed Book , page , the Seller has the option to acquire the real estate at 118 and 124 Campbell Avenue, and the improvements thereon, on the terms and conditions set forth therein; WHEREAS, the Buyer has agreed to purchase from the Seller the real estate at 118 and 124 Campbell Avenue, bearing Official Tax Nos. 1011512 and 1011605, and being Lots 11 and 8, Block 10, Offi- cial Survey, Section SW1, and the improvements thereon, here- inafter described as the "Real Estate," upon its acquisition by the Seller. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the parties agree as follows: 1. Upon its acquisition by Seller, Seller agrees to sell the Real Estate to the Buyer, and the Buyer agrees to buy the Real Estate from the Seller ~or the sum of $96,654.00 for 118 Campbell Avenue and $110,038 for 124 Campbell Avenue. 2. Buyer hereby makes a deposit of the full sum of $206,692..00 to be held in escrow by E~H IBI T B Escrow Agent, until closing on the Real Estate. In the event that for any reason Seller is unable to close on the Real Estate, this sum shall be returned to Buyer. In the event Buyer breaches this Agreement, this sum shall be forfeited to the Seller. 3. Closing is to be made at the Office of the City Attor- ney, or as otherwise agreed by the parties, on the same day that the Real Estate is acquired by the Seller, or as soon thereafter as is mutualy agreed upon. Seller agrees to convey the Real Estate by a good and sufficient deed with General Warranty and English Covenants of Title. 4. All risk of loss shall be on the Buyer from the date of this Agreement. Buyer shall maintain fire and liability insurance in an amount agreeable to Seller, naming Seller and Buyer as co-insureds, and the Buyer shall furnish the Seller with a copy of the insurance policy. 5. Buyer has examined the Real Estate and agrees to accept it "AS IS." 6. The Seller and Buyer acknowledge that no real estate agent was involved in this sale and each agrees to hold the other party harmless from any claim for a commission by reason of any action on their part. 7. Actual possession' is to be given upon closing and re- ceipt by the City of the consideration from the Escro~ Agent. 8. The parties agree and fully understand that this Agree- ment shall be binding on the parties,' their heirs, assigns, exe- cutors, and administrators. - 2 - 9. This Agreement represents the full understanding between the Buyer and the Seller, and there are no written or oral agree-' merits between the parties, other than those contained herein. 10. Real estate taxes shall be prorated between the Seller and the Buyer as of the closing date. Seller agrees to pay the expenses of preparing the deed. All other expenses incurred by the Buyer in connection with this Agreement, including, without limitation, title examination, title and hazard insurance prem- iums, recording costs and fees of Buyer's attorney, shall be borne by the Buyer. 11. Buyer covenants and agrees to support the zoning of the Real Estate with the zoning overlay classification of R-l, Bistoric District, and agrees to a provision in the deed frc~ Seller to Buyer conveying the Real Estate providing that the ~nprovements on the Real Estate shall not be demolished for a period of five (5) years after the date of closing, without the prior written approval of the Council of the City of Roanoke. Buyer agrees to expend no less than $75,000.00 in improvements to the Real Estate within eighteen months after the date of 12. The Seller and Buyer acknowledge was involved in this sale and each agrees harmless from any on its part. closing. that no real estate agent to hold the other party claim for a commission by reason of any action WITNESS the follo~ing signatures and seals: ATTEST: SELLER: CITY OF ROANOKE City Clerk By City ~anage r WITNESS: BUYER: (SEAL) STATE OF VIRGINIA) ) CITY OF ROANOKE ) To-wit: The foregoing Real before me this Herbert and Mary F. tively, of the City potation. Estate Purchase Agreement was acknowledged day of , 1988, by W. Robert Parker, City ~ana~er and City Clerk, respec- of Roanoke, on behalf of that municipal cor- My commission expires: Notary Public STATE OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) The foregoing Real Estate Purchase Agreement was acknowledged before me this __ day of , 1988, by My commission expires: Notary Public THIS Virginia municipal corporation, "City", and ferred to as rcnaser, "Pu - ', ASSIGNMENT AGREEMENT AGREEMENT, made and entered into this _ day of , 1988, by and between the CITY OF ROANOKE· a hereinafter referred to as , hereinafter re- W ITNESSETH: WHEREAS, by the terms of an Option Agreement dated 1988, with James L. Trinkle, which Agreement is recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke in Deed Book , page (hereinafter the "Option Agree- ment''), the City has an option to purchase the real estate at 120 and 122 Campbell Avenue, and the improvements thereon, on the terms and conditions set forth therein; WHEREAS, the City wishes to assign its rights under the aforesaid Option Agreement to Purchaser, and Purchase desires to accept such assignment. NOW, THEREFOBE, in consideration of the premises and the mutual covenants contained herein, and the payment of One Dollar ($1.00), receipt of which is hereby acknowledged by the City, the parties agree as follows: 1. In consideration of the sum of $ , the receipt of which is hereby acknowledged by the City· the City hereby assigns to Purchaser, and Purchaser hereby accepts, the City's rights in and to the Option Agreement. The Purchaser agrees to perform and to be bound bY all of the rights, duties, EXHIBIT C obligations and responsibilities of Option Agreement. 2. heirs, 3. the City as set forth in the This Agreement shall be binding upon the parties, their successors, assigns, executors and administrators. The parties acknowledge that no real estate agent was involved in this sale and each agrees to hold the other party harmless from any claim for a commission by reason of any action on its part. 4. Purchaser covenants and agrees to support the zoning of the real estate at 120 aud 122 Campbell Avenue with the zoning overlay classification of H-l, Historic District, and agrees to a provision in the deed from Mr. Trinkle providing that the im- provements on this property will not be demolished for a period of five (5) years after the date of closing, without the prior written approval of the Council of the City of Roanoke, and that Purchaser will expend no less than $75,000.00 in improvements to the property within eighteen months after the date of closing. WITNESS the following signatures and seals: ATTEST: City Clerk CITY OF ROANOKE By City Manager WITNESS: p[~RCHASER: By (SEAL) STATE OF VIRGINIA)' ) CITY OF ~{OANOKE ) To-wit: The foregoing Assignment Agreement was acknowledged before me this __ day of , 1988, by W. Robert Herbert and Mary F. Parker, City Manager and City Clerk, respectively, of the City of Roanoke, on behalf of that municipal corporation. My commission expires: Notary Public STATE OF VIRGINIA ) ) CITY OF ROANOKE ) To-wit: me The foregoing Assignment Agreement was acknowledged before this __ day of , 1988, by My commission expires: Notary Public - 3 - THIS LEASE, made this day of 1988, by and between JAMES L. TRINKLE, hereinafter referred to as "Lessor, through C. W. FRANCIS & SON, INC., Agents, and CITY OF ROANOKE, VIRGINIA, hereinafter referred to as "Lessee," W ITNESSETH: THAT FOR AND IN CONSIDERATION of the mutual covenants and agreements herein contained and a rental of Three Dollars ($3.00) per square foot ($2,072.22 a month), payable by Lessee, Lessor does lease unto Lessee, and Lessee does take and lease from Lessor, those certain premises being a two-story building at 124 Kirk Avenue, and adjacent parking lot, both being a portion of Official Tax No. 1011605, for a term of two (2) years, or a lesser period, as determined by the City with notice to be given Lessor as hereinafter required, cemmencing , 1988, and expiring at midnight , 1990, (provided notice is given as hereinafter required) said premises to be used by Lessee for office purposes and for no other purpose without written con- sent of Lessor. The Lessee shall have the right to terminate the lease during the two year period with 120 days notice. It is further covenanted and agreed as follows: 1. The rental during the term of this Lease shall be payable each month in advance by the Lessee to Lessor's agent, C. W. Francis & Son, Inc., or successors at said Agent's Office in Roanoke, Virginia, without demand therefor. 2. Lessee, upon the payment of the rents herein specified and the performance of the covenants and agreements herein EXHIBIT D rained, may peaceably and quietly have, hold and enjoy the leased premises for the term aforesaid. 3. · Lessor does not agree to provide Lessee with any utilities, janitor service, disposal cans, electric bulbs, fuses, or ~indow blinds, and during the term of this Lease all such items shall be the responsibility of and at the expense of Lessee; throughout the term of this Lease the Lessor will satis- factorily provide all structural maintenance of the premises in- cluding the roof, gutters and downspouts and will make all re- pairs to the heating, air conditioning, electrical and plumbing systems not caused by the negligence of the Lessee or its em- ployees. The Lessee may, upon the failure of the Lessor to per- form any of its obligations under this paragraph and after thirty (30) days ~ritten notice to the Lessor of its intention to do so, cause such repairs to be made and the Lessee may at its option deduct the cost of any such repairs fr~a any rent due hereunder. 4. At the expiration of the initial period covered by this Lease, Lessor, in order to terminate same and gain possession of the premises, or Lessee, at any time rithin the £nitial period, in order to terminate this lease and surrender the pr~nises shall indicate and verify such intention to do so, by causin~ to be given, one to the other, a written notice at least one hundred and t~enty (120) days prior to the expiration of such initial term. Such notice may be sent by regular United States mall. If this is, or shall become, a month-to-month lease, said period of time covered by such written notice must expire on the last day of the ~onth. 5. If the initial two-year term covered by this Lease ex- pires without the Lease being terminated by either Lessor or Lessee giving notice as aforesaid, this Lease shall automatically continue in force and effect, except, however, it shall be on a month-to-month, thirty (30) days written notice basis. 6. Lessee shall occupy said premises in accordance with State and City Building, Fire and Zoning regulations, and other applicable regulations and laws. 7. It is further covenanted that the said Lessee has examined and knows the condition of said premises and has re- ceived the same in good order and repair, except as hereinafter specified, and that no representations as to the condition of repair thereof have been made by the Lessor, or the Agent of the Lessor, prior to, or at the execution of this Lease, that are not herein expressed or endorsed hereon. The Leased premises are to be kept clean and in good order by Lessee, and at the expiration of this Lease are to be turned back to the Lessor clean and in such good condition, ordinary wear and tear allowed for. The maintenance of the glass in the leased premises and the replacement thereof, if broken, shall be the responsibility of the Lessee. This applies also to plate glass if the premises contain such. It is understood that Lessor is not to unstop any stopped-up sewer or waste lines in or on the leased premises, but that Lessee is to do so. Lessee covenants and agrees to take whatever precautions are necessary to prevent freezing of - 3 pipes, plumbing fixtures, and heating plant, if any, in the leased premises, and to remove all snow promptly from public and private sidewalks abutting the premises. 8. Lessor shall not be responsible for any damage or injury to Lessee or others, or the property of either, caused by water flowing in from the roof or any other portion of the leased pre- mises, or any other premises, or caused by smoke or soot from the leased premises, or any other premises. Nor shall Lessor be responsible for any damage or injury caused by water or other substance flowing into the basement of said leased premises, or for damage or injury caused by burst, stopped-up or leaking water pipes or fixtures, or other pipes or fixtures, in or around the premises herein leased. 9. Lessor shall not be liable for any damage or injury to any person or property at any time upon said leased premises, however the same may be caused, and Lessee hereby agrees to and does hereby assume liability for and agrees to save Lessor harm- less from any claims against said premises or its owners for damages to any person or persons or property thereon. Lessee agrees to reimburse Lessor for any reasonable policy of liability insurance that Lessor may choose to carry for the leased premises. 10. The leased premises are to be used by Lessee in the orderly and lawful carrying on of the purpose or purposes as set out and restricted herein. The premises are not to be used for any other purposes nor are they to be sublet in whole or in part, nor is this Lease to be assigned, without written permission from - 4 - Lessor. Lessee shall not allow the said premises to stand vacant or unoccupied without written permission from Lessor. 11. Lessee shall not make any major structural changes or major alterations of the property herein leased without written permission from Lessor. 12. Lessee shall, without any previous demand therefor, pay the rent reserved herein at the times and in the manner and amounts herein specified for the payment thereof, and fulfill the other covenants and agreements of this Lease incumbent upon Lessee; and in event of default on the part of Lessee to pay any rental installment when same is due as provided herein, or to fulfill any other covenant or agreement of this Lease incumbent upon Lessee, Lessor shall have the option of terminating said Lease upon five (5) day's written notice of such default and Lessor's intention to exercise said option, which said notice shall be mailed to Lessee at the said Leased Premises by ordinary mail; and upon the expiration of the five days if the rent shall then still be in default and shall not have been paid, or if other default by Lessee shall not have been corrected, the rights of Lessee hereunder shall immediately cease and end. Or, in the event of such default by Lessee, Lessor, at Lessor's option, as alternative remedies, shall have those provided by law. 13. Lessor reserves the right of Lessor or Lessor's agent to enter upon said leased premises at all reasonable times for the purpose of inspecting same. 14. Notice given under the provisions of this Lease by Lessor's agent shall have the full meaning and effect as though given by Lessor. be considered to endorsed in writing hereon. 15. In the event of damage or other action of the elements, No agreement between Lessor and Lessee shall exist except as expressed in writing herein or to the leased premises by fire provided that such shall not be due to the fault or negligence of Lessee, Lessor shall within a reasonable time make repairs; provided further, however, that in the event of such damage amounting to at least thirty percent of a total loss of either the leased premises or of the building of which the leased premises is a Part, Lessor shall have the option of restoring the premises within a reasonable t~ne or cancelling this Lease at any time after such damage on twenty-four (24) hour's notice; Lessor's decision of this option, however, to be given Lessee within fifteen (15) days after such damage. Lessee agrees to reimburse Lessor for the expense of carrying a reason- able policy of insurance covering property damage to the leased premises. 16. ~hen the date is fixed for Lessee to vacate the premises, Lessor or Lessor's agent may, at any time within thirty (30) days prior thereto, show the premises to prospective new tenants at such time and under such conditions as would be rea- sonable and proper, and in the event the leased premises are offered for sale during the period covered by the Lease. Lessor may place a "For Sale" sign upon the premises and Lessor or Les- sor's agent may show the property to prospective purchasers at such times and under such conditions as would be reasonable and and proper. - 6 - 17. In event of condemnation', or imminent threat thereof, the leased premises or any portion thereof by an public or governmental authority, Lessor may at Lessor's option terminate this Lease on at least sixty (60) day's written notice prior to expiration of any rental month. 18. In the event Lessee abandons the leased promises, Lessor may declare due immediately and recover the rent for the balance of the term and may enter upon said premises and act for the protection of Lessor's interest and rlght and may, at Lessor's option, offer the promises for rent and rent them to the best advantage, applying the net proceeds to Lessee's obligations hereunder; or Lessor may, at Lessor's option, as an alternative romedy, enter upon the promises and act for Lessor's best interests, and then ter- minate this Lease upon five (5) day's written notice from any date. Bowever, said notice shall not be necessary if reasonable efforts fail to locate Lessee. In either such event Lessor also shall have full recourse to romedies allowed by law. 19. No new signs or antennas shall be erected, and no signs or lettering shall be painted on or about the leased premises without permissioh in writing from Lessor, which pemission shall not unreasonably be withheld; and in the event of permission being so obtained Lessee, upon vacating shall remove such signs and lettering'and antennas at Lessee's expense without damage to the property, and restore - 7 - in a workmanlike manner that portion of the property so affected. 20. Lessee has keF(s) to the leased premises and shall be responsible for the return of same to Lessor's agent. 21. Lessee shall pay any real estate taxes levied on the leased premises during the term of this Lease Agreement. IN WITNESS WHEREOF Lessor and Lessee have signed this Lease under seal this the day and year first above mentioned. LESSOR: James L. Trinkle (SEAL) ATTEST: LESSEE: City Clerk CITY OF ROANOKE, VIRGINIA By City Manager (SEAL) - 8 - Office of the City Clen~ July 15, 1988 File #66-20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, July 11, 1988, Mr. William L. Proffitt, 3545 Greenland Avenue, N. W.. expressed concern over the deterioration of his residence as a result of heavy vehicles travelling on Greenland Avenue. Mr. Proffitt requested that Council either close Greenland Avenue or prohibit use thereof by heavy equipment. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sw pc: Mr. William L. Proffitt, 3545 Greenland Avenue, N. W., Roanoke, Virginia 24012 Mr. William F. Clark, Director, Public Works Mr. Stephen A. Mancuso, General Manager, Valley Metro, P. 0. Box 13247, Roanoke, Virginia 24032 Room 456 Municipal Building 2'15 Church Avenue, S.W. Roonoke, VIrg~la 24011 (703) 981-254t