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Council Actions 07-25-88
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL July 25, 1988 -- 2:00 p.m. AGENDA FOR THE COUNCIL Fitzpatrick (29219) Ceil to Order -- Roll Call· All present. The invocation will be delivered by The Reverend Charles T. Green, Chaplain, Roanoke Memorial Hospital· Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Presentation by The Honorable Jim Olin, Member, of the United States. Referred to the Cit~ Manager and recommendation to Council. CONSENT AGENDA (Approved 7-0) Congress for report 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 BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 Minutes of the special meeting of Council held on Thursday, April 28, 1988; the regular meeting held on Monday, May 2, 1988; the regular meeting held on Monday, May 9, 1988; the special meeting held on Thursday, May 12, 1988; extract of the minutes of the regular meeting held on Monday, June 27, 1988; extract of the minutes of the regular meeting held on Monday, July 11, 1988; and minutes of the special meeting held on Tuesday, July 12, 1988. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (a) (I), 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. (i) C-3 C-4 A report of the City Manager requesting an Executive Session to discuss a Iega~ matter within the jurisdiction of the public body, which is the negotiation of an agreement, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a legal matter within the jurisdiction of the public body, which is the negotiation of an agreement, pursuant to Section 2ol-344 (a) (7), Code of Virginia (1950), as amended. A communication from Council Member David A. Bowers with regard to reorganization of the }ocal governments in the Roanoke Valley. RECOMMENDED ACTION: Receive and fi}e. C-5 C-6 C-7 C-8 A report from Mr. Jack D. Uayslett, Chairman, Citizens' Advisory Committee on City-Wide Parks Study, recommending that the sports complex area near Victory Stadium be named "Roanoke River Sports Complex." RECOMMENDED ACTION: Refer recommendation to the Corr~nission for study, report dation to Council. City Planning and recorrgnen- Qualification of Ms. Frances S. Boon and Mr. Richard B. Sarver for terms of two years each, ending June 30, 1990, and Mr. Delmar L. Irving for a term of four years, ending June 30, 1992, as members of the Board of Trustees, City of Roanoke Pension Plan. RECOMMENDED ACTION: Receive and fi}e. Qualification of Ms. S. Elaina Loritts 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 Mr. Evans Roanoke Public Library Board for June 30, 1991. Jessee as a member of the term of three years, ending RECOMMENDED ACTION: Receive and file. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. (2) 4. Petitions and Communications: a. A communication from Mayor NoeZ C. Taylor with regard to committee assignments for the Members of Council. Concurred in appointments. b. A communication from Mr. Robert E. Glenn, Attorney, representing the Industrial Development Authority of the City of Roanoke, requesting approval of a plan to assist Our Lady of the Valley, Inc. in financing the acquisition, construction and equipping of a facility for the residence and care of the elderly to be located *~x&~x~l~'~ov'av~,×~x~, by issuance of revenue bonds in an amount estimated not to exceed $7,750,000.00. Adopted Resolution No. 29219. (7-0) ~ the northwest corner of the intersection of Patton and Jeffers?n C. A communication from Mr. Robert E. Glenn, Attor~ets representing the Industrial Development Authority of the City of Roanoke, requesting approval of a pian to assist The Roanoke Lutheran Retirement Community, Inc., t/a Brandon Oaks, in financing the construction and equipping of a facility for the residence or care of the elderiy in the City, by issuance of revenue bonds in an amount estimated at $20,000,000.00. Adopted Resolution No. 29220. {7-0) d. A communication from the Roanoke City School Board recorr~nending appropriation of $5,392,900.00 for the renovation of seven elementary schools constructed prior to 1930; and $364,160.00 in proceeds from the 1989 Vehicle Replacement and Capitai Maintenance and Equipment Replacement Funds, for the replacement of twelve schooi buses, in accordance with the Virginia Department of Education school bus repIacement schedule. Adopted Ordinance No. 29221. (7-0) (1) A communication from Mr. Donald S. CaIdwe~, Commonwealth's Attorney, recommending acceptance of the Department of Criminal Justice Services Grant #88A6680 for the Victim/Witness/Juror Assistance Program, in the amount of $19,048.00, and transfer of $14,514.00 in IocaZ matching funds from the Commonwealth Attorney's fisca~ year 1988-89 budget. Adopted Ordinance No. 29222 and Resolution No. 29223. (7-0) (2) A report of the City Manager concurring in the above recommendation. Received and filed. 5. Reports of Officers: a. City Manager: Briefings: A report with regard to implementation of Administra- tive Memorandum #88-i/Smoking Regulations, effective August i, ~988, in ali City-owned buildings occupied by City personnel under the jurisdiction of the City Manager. No action. (3) Items Recommended for Action: 2. A report with regard to Highway Projects ~ transfer of funds to meet anticipated expenditures. Adopted Ordinance No. 29224. (7-0) 3. A report recommending authorization to proceed with demolition of the former Tinker Creek School building and maintain the property for open space/neighborhood recreation. Adopted Resolution No. 29225. (7-01 4. A report recommending authorization to execute an agreement with the Gainsboro Project Area Committee, Inc., and Gainsboro Neighborhood Development Corporation for implementation of certain revitaZiza- tion activities in the Gainsboro neighborhood, and transfer of Community Development Block Grant funds to appropriate administrative accounts. Adopted Ordinance No. 29226 and Ordinance No. 29227. (6-I, Mr. Bowers voting no.) 5. A report recommending authorization to execute an engi- neering services contract with Hayes, Seay, Mattern Mattern, Inc., for design development, construction documents, bidding supervision and construction inspec- tion to replace the Falling Creek Filter Plant and Valve Tower; and appropriation of funds therefor. Adopted Ordinance No. 29228 and Ordinance No. 29229. (7-0) 6. A report recommending acceptance of suppZementaI funding aIIocated by the State Department of Social Services to the Social Services Department for purchase of services, in the amount of $173,880.00, and transfer of $17,988.00 in local matching funds. Adopted Ordinance No. 29230. (7-0) 7. A report concurring in a report of the Bid Committee recommending that certain bids for supplying water and sewage treatment chemicaZs to the City for the period July 1, 1988, to June 30, 1989, be accepted. Adopted Ordinance No. 29231. (7-0) 8. (a) A report with regard to a request for recreational access funds for Vinyard Park. Adopted Ordinance No. 29232 and Resolution No. 29233. (7-0) (b) A communication from Ms. Mary H. Allen, Deputy Clerk, Roanoke County Board of Supervisors, transmitting a Resolution adopted by the Board of Supervisors authorizing execution of an agreement with Roanoke City concerning the Vinyard Park access road. Received and filed. Director of Finance: A report with regard to appropriation of program income received from the Roanoke Redevelopment and Housing Authority, Greater Roanoke Transit Company and other miscellaneous program income. Adopted Ordinance No. 29234. 17-0) (4) 10. Reports of Committees: a. A report of the Roanoke Regiona! Airport Con~nission, recom- mending adoption of a Resolution approving the plan of financing for the issuance by the Commission of Airport revenue bonds. Mr. W. Robert Herbert, Chairman. Adopted Resolution No. 29235. (7-0) Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 29199, on second reading, rezoning a tract of land containing 0.15 acre, more or ,~ss, located at 2315 Colonial Avenue, S. W., described as Official Tax No. 1270541, from RM-i, Residential Multi-Family, Low Density District, to C-l, Office District· Adopted Ordinance No. 29199. (7-0) b. Ordinance No. 29200, on second reading, rezoning 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, respec- tively, Section 2, Revised Map of RiverdaIe, Official Tax Nos. 4340507 4340809, respectively, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Corr~nerciaI District. Adopted Ordinance No. 29200. 17-ol c. Ordinance No. 29201, on second reading, rezoning a tract of land containing one acre, more or less, Iocated at 332 Fugate Road, N. E., described as Official Tax No. 3101209, from RM-1, Residential Multi-Family, Low Density District, to RM~2, Residential Multi-Family, Medium Density District. Adopted Ordinance No. 29201. (7-0) Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and members of City Council. b. Vacancies on various authorities, boards, commissions and corr~nittees appointed by Council. Other Hearings of Citizens: Appointed or reappointed the following persons: Ross Hart Jack Loeb Mayor Taylor Vice-Mayor Fitzpatrick Alvin Nash Economic Development Commissio~ John H. Parrott Roanoke Valley Regional Solid Waste Manage- ment Board Fi~th Planning District Commission Roanoke Redevelopment & Housing Authorite Trade Center Task Force Trade Center Task Force Adopted Ordinance No. 29236, accepting an offer of settlement of the City's claim against Insurance Company of Northern America arising out of the loss of funds b~ the City Parks and Recreation Department. (7-0) (5) Office of the City Clerk July 27, 1988 File #237 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a statement presented by Congressman Jim Olin at a regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, with reference to flood protec- tion. On motion, duly referred to you seconded and unanimously adopted, the matter was for report and recor,~nendation to Council. Mary F. Parker, CMC City Clerk MFP: ra Room 456 Municipol Building 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 98t-2541 Testimony before Roanoke City Council Monday July 25, 1988 Congressman Jim Olin MR. MAYOR AND MEMBERS OF CITY COUNCIL: I appreciate your willingness to let me address you today on the subject of flood protection for the City -- a matter of extreme importance. I am here to urge you to proceed promptly to approve the Roanoke River project recommended by the Corps of Engineers, hold necessary public hearings and have any necessary financing acted on by the voters at the General Election this November. I understand you'll receive the Corp's General Design Memo on July 30. It will call for a 31 million dollar project of which the city's share is 14.5 million, 1.8 million dollars must be in cash. The other 12.7 million dollars includes construction the city must pay for and the acquisition of land, easements and right-of-way, all of which may be donated. The basic flood control plan is established but modifica- tions can continue to be made to respond to ideas regarding aesthetic and environmental considerations. Roanoke Memorial Hospital is being protected by private funds. The city's share will include protection of the sewer Page 2 of 6 plant, reconstruction of the low level bridges, three pedes- trian bridges and 50% of the 10 mile recreation trail. The Corps will be prepared to advertise for bids in December 1989 and award the contract in February 1990. For this to be possible the City must acquire all land easements and rights-of-way by November 1989. The Corps' experience is that this work will take at least one year. So, if approval of funding is put off until May 1989, the project will likely be delayed and construction will not start until FY 1991 or later. This is of great concern to me because we will need to get construction funding into the FY 1990 federal budget. It needs to be in the President's budget which will be presented next January and it needs to be approved by Congress in its FY 1990 water projects appropriation. There is substantial competition for water project funds and if any project is delayed or has uncertain support, funding can be hard to get and hard to hold on to. This project has been worked on in one form or another since 1970. It was first authorized by the city in 1982. After the November 1985 flood it was reactivated early in 1986. Plans were largely complete in the fall of 1987 and I have been pushing the Corps of Engineers and the Page 3 of 6 city since that time to get the details wrapped up so it can go ahead. The benefits of this flood control project will vary for different areas in the city. From an overall basis the following is a summary of the flood damage that will be avoided: BENEFITS (each time it floods) ACRES NOT FLOODED NUMBER OF BUILDINGS NOT DAMAGED OTHER DAMAGE PREVENTED (Utilities & Transportation) 10 yr flood 50 yr flood 100 yr flood 181 404 414 30 203 262 $281,000 $2,759,000 $4,270,000 This way of looking at the benefits may be easier for people to understand. This project will result in substantially less flooding and flood damage. During the past few weeks I have been very disturbed by the many suggestions that new alternatives should be considered or that old alternatives should be restudied. Let me make a few comments about several of these ideas. The idea of a regional flood control plan is not a new one. Page 4 of 6 To be effective it would have to include two large dams in Montgomery County and a major dry dam in the Glenvar area of Roanoke County. I have personally appealed to the Officials of Montgomery County. They are immovable. Without the Montgomery County dams you can't hold up enough water to solve Roanoke's problem. To refresh your memory, I have attached a map of the proposed dams and a chart showing the cost of various regional alternatives. On tributaries: Since the spring of 1986, the Corps of Engineers has has been investigating flooding on 21 streams and tributaries in the Roanoke Valley. Not one so far has yielded a benefit/cost ratio which permits federal involvement. There are only two creeks not yet reported on -- Tinker and its tributaries and Mason Creek. These both involved major flooding and it is possible that something can be done to reduce localized flooding. But neither of these projects would have much effect on the Roanoke River. The idea of putting federal money in the bank and then spending the interest year by year is not permitted under present law. But even if that could be done and the money were used to acquire flood plane land it would take a very long time to acquire the $1 billion assessed valuation involved. This is not a practical alternative. Page 5 of 6 The idea of creating a special flood tax district is not practical and would be very unfair. There is no way such a district could afford costs that are already straining the city as a whole. And waiting for governmental consolidation would not help. To my knowledge there is no inherent conflict or waste associated with the Roanoke City project going ahead on its own. Salem, Vinton and Roanoke County saw less benefit in their areas from a flood plan similar to Roanoke's. Their circumstances are somewhat different. At a later date they could change their minds and reactivate their projects. They would lose time and money but this would not be detrimental to what the City of Roanoke is doing. So, Mr. Mayor and members of the City Council, now is the time to act. To delay can only mean higher costs later on. In the interim the risk is that you will lose businesses and jobs and the city will remain fully vulnerable to serious floods. I hope Roanoke will not be like the City of Buena Vista which turned down a similar flood control project in the mid '70's after their 1969 flood. Buena Vista was hit again in 1985. It lost one third of its jobs base and is now going ahead with a much more expensive project that will involve a major sacrifice to all its taxpayers. Now it is a matter of survival. Page 6 of 6 That doesn't need to happen to Roanoke. Thank you. JIM OLIN ¢ongrtss of tht nittd ,$tatts Roast or' 'Rtprtsmtath}t~ ~hinGt:on, ~¢ 2o~}~ July 18, 1988 WASHINGTON OFFICE: 1238 LONGWORTH HOUSE OFFICE BUILDING WASHINGTON, DC 20515 {202} 225-6431 Mary Parker, Clerk city of Roanoke Municipal Building 215 Church Avenue Roanoke, Virginia 24011 Dear Mary: I am requesting time on the Roanoke City Council Agenda for the meeting Monday, July 25, 1988, at 2 p.m. It is important that I present current information to the Council on the process for partial federal funding of the flood protection project. I would appreciate being scheduled as close to 2 p.m. as possible. Please confirm with my Roanoke district office. Thank you for this consideration. .rely, J~Olin Member of Congress d PLEASE REPLY TO THE WASHINGTON OFFICE UNLESS INDICATED: [] ROANOKE OFFICE: [] LYNCHSURG OFFICE: [] STAUNTON OFFICE: 13WBEVERLEY STREET, 2D FLOOR STAUNTON, VA 24401 (703~885-6178 [] HARRISONBURG OFFICE: SUITE SOVRAN BANK BLDG COURT SQUARE HARRISONBURG, VA 2280~ JIM OLIN July 14, 1988 MS. Mary F. Parker City Clerk Office of the City Clerk 215 Church Avenue, S.W. Room 456 Municipal Building Roanoke, Virginia 24011 DISTRICT OFFICES: 406 FIRST STREET, ROOM 706 ROANOKE, VA 24Otl (703) 982 4672 Dear Mary: I am writing to seek permission to address the Roanoke City Council during its meeting at 2:00 p.m. on Monday, July 25. The subject of my remarks will be the flood control project currently being considered by the Council and the City. I appreciate your attention to my request and look forward to hearing from you. Sincerely, / ~'~ j~i4~ Olin .]~Nember of Congress JRO/dc MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES', FOLDER, OR AT THE CITY CLERK'S OFFICE Office af the Mayor July 25, 1988 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowies and Gentiemen: I wish to request an Executive Session to discuss personneZ matters re~ating to vacancies on various authorities, boards, commissions and corr~nittees appointed by Council, pursuant to Section 2.1-344 (a) (1), Code of Virginia (1950), as amended. SincereZy, Noei C. Mayor NCT:se i'~oom 452 Municipal Building 215 Church Avenue, S.W. Roanoke, ¥irginia 24011 (703) 98t-2444 Roanoke, Virginia July 25, 1988 The Honorable Mayor and Members Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Please reserve space on Monday's agenda for an Executive Session to discuss a legal matter within the jurisdiction of the public body, that is the negotiation of an agreement, pursuant to Section 2.1-344(a)(7), Code of Virginia (1950), as amended. Respectfully submitted, W. Robert Herbert City Manager WRH/GCS/hw cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. 3oel M. Schlanger, Finance Director Office of the Council Ju~y 21, 1988 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I ask that my letter to you, my comments in the newspaper, and the "red-line map" be made a part of the Consent Agenda for the July 25, 1988, meeting of Council, and that it be received and filed at that time. Best personal regards to each of you. Sincere Council Member DAB: ra Room456 MuniclpolBulldlng 2~5ChurchAvenue, S.W. Roanoke, Vlrglnio2401~1 (703) 981-2541 Office of the Council July 21, 1988 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia The Honorable Mayor and Members of the Salem City Council P. 0. Box 869 Salem, Virginia 24153 The Honorable Mayor and Members of the Vinton Town Council 311 South Pollard Street Vinton, Virginia 24179 The Honorable Chairman and Members of the Roanoke County Board of Supervisors P. 0. Box 29800 Roanoke, Virginia 24018-0798 Dear Mrs. Bowles and Gentlemen: As you all know I have advocated for some time that we should consider a "reorganization" of our local governments. Without repeating all of my views, [ really do believe that a more practical organization for the Valley is to divide the County between Salem on the west, Roanoke on the east and still allow Vinton to remain a town. I am enclosing herewith a copy of my comments printed in The Roanoke Times & World News on June 26, 1988 for your Additionally, I am enclosing a map showing a "red line" division of our area into this "twin cities and a town" con- cept. Essentially, the jurisdictional line between Salem and Roanoke would begin in the north and run along the crest of Brushy Mountain southward to Masons Mill Creek, then southward along the creek to the present city limits line between Salem and Roanoke, southward to the south side of Salem where the line would then follow the crest of Long Ridge and Poor Mountain which is the present line of the Catawba' and Windsor Hills majesterial districts. The map also indicates that Vinton would maintain its current status as a town on the eastern side of the Valley. Room 456 .Munk:lpal Building 215 C~urch Avenue, S.W. Roanoke, Virginia 2401 't (703) 981-2541 Page 2 July 21, 1988 I wanted each of you to have these comments and this map for your review and consideration. This effort would provide progress for our Valley, and I believe it is an idea whose time has finally come. I will welcome your comments regarding this proposal would be anxious to discuss your ideas. Best personal regards to each of you. and Sincerely, David A. Bowers Council Member DAB: ra Eno. pc: Mr. Randolph M. Smith, City Manager, City of Salem, P. O. Box 869, Salem, Virginia 24153 Mr. George W. Nester, Town Manager, Town of Vinton, 311 South Pollard Street, Vinton, Virginia 24179 Mr. Elmer C. Hodge, County Administrator, County of Roanoke, P. 0. Box 29800, Roanoke, Virginia 24018-0798 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance C 0 U N T Y Office of the City July 27, 1988 File #67 Mr. Michael M. Waldvogel Chairman City Planning Cot.mission Roanoke, Virginia Dear Mr. Waldvogel: I am enclosing copy of a report from Mr. Jack D. Hayslett, Chairman, Citizens' Advisory Cor~ittee on City-Wide Park Study, recommending that the sports complex area near Victory Stadium be named "Roanoke River Sports Complex," which report was before the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. On motion, duly seconded and unanimously adopted, the report was referred to t}le City Planning Commission for study, report and recommendation to Council. Sincere ly,~'~/ff~ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief, Core.unity Planning and Room456 MunlclpoIBulldlng 215C~urchA~,nue, S.W. Roanc~e, Vlrglnia24011 (703)981-2541 ~,, Roanoke, Virginia rj[T'Y ~ "i: ~ i ~ July 25, 1988 Honorable Noel C. Taylor, yo~ and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Naming of the sports complex The near completion of the first two (2) phases of the sports complex project near Victory Stadium has created an important destination point for a large number of local residences and for out-of-town visitors. In 1987, over 600 games were played on these athletic fields. Approximately 120 teams from nine (9) states participated in the last Festival Soccer Tournament held at the complex. Therefore, identifying the complex with a name is important for public convenience as well as for promoting Roanoke. With these thoughts in mind, the Citizens' Advisory Committee on City-Wide Parks Study (C.A.C.) is hereby recommending that the sports complex area, as outlined on the attached map, be named; "ROANOKE RIVER SPORTS COMPLEX". The proposed designation will have no impact on the current names of the facilities within this complex. Victory Stadium, National Guard Armory, Maher Field, Wiley Drive, South Roanoke Park, etc., will continue to be identified with their respective current names. In summary, we request that the Council refer this recommendation of the C.A.C. to the Roanoke City Planning Commission for their consideration and report back to the Council. JDH/kp Attachment CC: CKairman J/ack D. Hayslett, WCitizens' Advisory Committee on City-Wide Parks Study Members, Citizens' Advisory Committee on City-Wide Parks Study City Manager Director of Administration and Public Safety Manager, Department of Parks/Recreation and Grounds Maintenance Chief, Community Planning Parks Planner City Clerk © © I Office ofrheCiiyCler~ July 27, 1988 File #15-429 Mr. Fo Wiley Hubbell, Chairman Doard of Trustees City of Roanoke Pension Plan 3712 Peakwood Drive, S. W. Roanoke, Virginia 24014 Dear Mr. Hubbell: This is to advise you that Ms. Frances S. Soon and Mr. Richard B. Sarver have qualified for terms of two years each, ending June 30, 1990, and Mr. DeImar L. Irving has qualified for a term of four years, ending June 30, 1992, as members of the Board of Trustees, City of Roanoke Pension Plan. Sincerely, ~4,~.~- ~ary F. Parker, CMC City Clerk MFP:ra pc: Mr. Joel M. Schlanger, Director of Finance Room 456 Municipal Building 215 O~urch Avenue, S.W. Roanoke, Virginia 24~t t (703) 98t-2541 0-2 Oath or Affirmation of OffiCe Stat~ o] Vi~ginla, Uitg o] Roanoke, ta I, Frances S. Boon · do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, snd that I will faithfully and impartially discharge and perform all the duties incumbent upon me aa a "!ember of the Board of Truscees~ City of Roanoke Pension Plan for a term of two years ending June 30, 1990. Subscribed and sworn to before me, ,~ ~_-*-' °~'--'~(~ '~"~'x~°:~lg~puty Clerk 0-2 Oath or Affirmation of Office ~ ~:~ State ot Virginia, CiVet o~ Roanoke, to.~oi~: I, R i "' r a ~ a a r v e r , do solemnly swear (or ~m t I w~l sup~ the Constitution of the Unit~ S~tes, and the Constitution of the State of Virginia, an~ that I will f~ith~ull7 and impa~i~lly diseharse and perform all the duties incumbent upon me a~ ~ ~:er'r,~ of t:wo years endln§ June 39~ 1990. according to the best of my ability. So help me God. Subscribed and sworn to before me, this ,/°~Z'~ day of ~ , /~of]~' ~ U t d Office of the City C]en~ June 29, 1988 File #15-429 Mr. Richard B. Sarver 534 Petty Avenue, N. E. Roanoke, Virginia 24019 Dear ~fr. Sarver: At a regular meeting of the Council of the City of Roanoke held on Monday, June 27, 1988, you were elected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of two years ending June 30, 1990. Enclosed you will find a certificate of your election 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 elected. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: ra Enco pc: Mr. F. Wiley Hubbell, Chairman, Board of Trustees, City of Roanoke Pension Plan, 3712 Peakwood Drive, S. W., Roanoke, Virginia 24014 Mr. Joel M. Schlanger, Director of Finance Room456 MunlclpalBuildlng 215 Church Avenue, S.W. Ro~noke, Virg~nla2401,~ (703)981-254t 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 27th day of June, 1988, RICHARD B. SARVER was elected as a member of the Board of Trustees, City of Roanoke Pension Plan, for a term of two years, ending June 30, 1990. Given under my hand and the Seal of the City of Roanoke 29th day of June, 1988. this City Clerk 0-2 Oath Affirmation of Off or ice ~te ot Virginia, Oi~l oI Roanoke, to .~oi~: I, D eT. mar L. , 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 }lez,~bar of the Board of Trustaas, City of Roanoke Pension Plan for a tern of four years endinF June 30, 1992. Office of the City Cle~ June 30, 1987 File #15-429 Mr. Delmar L. Irving 3219 Forest Park Boulevard, Roanoke, Virginia 24017 Dear Mr. Irving: At a regular meeting of the Council of the City of Roanoke held Monday, June 20, 1988, you were reelected as a member of the Board of Trustees, City of Roanoke Pension Plan for a term of four years ending June 30, 1992. 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, ~?~ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. F. Wiley Hubbell, Chairman, Board of Trustees, City of Roanoke Pension Plan, 3712 Peakwood Drive, S. W. Roanoke, Virginia 24014 Mr. Joel M. Schlanger, Director of Finance R°°rn456 Munlcipal~ildlng 215(~urchAve~ue, S.W. Roanc~e. V1rg~nla2401,i (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 June, 1988, DELMAR L. IRVING was reelected as a Member of the Board of Trustees, City of Roanoke Pension Plan for a term of four years, ending June 30, 1992. Given under my hand and the seal of the City of Roanoke this 29th day of June, 1988. City Clerk ~ce ~ ~ne {i~ ~en~ July 27, 1988 File #15-304 Ms. Carol B. Marchal, Chairman Youth Services Citizen Board 2320 liount Vernon Road, S. W. aoanoke, Virginia 24015 Dear ~4s. }~archal: This is to advise you that S. member of the Youth Services years ending May 31, 1991. Elaina Loritts has qualified as a Citizen Board, for a term of three Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Ms. Marion V. Crenshaw, Youth Planner Room456 MunlcipalBuiiding 215 Church A~nue, S.W.P, oono~e,'~rglnia24~11 (703)981-2541 0-2 Oath or Affirmation of office' 8tat~ off Virginia, C, it?l off Roanoke, to I, S. £ 1 a i n a L o r i t t s , do solemnly swear (or affirm) that I will support the Constitution of the United St&tea, nnd the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all thc duties incumbent upon me as a member of the Youth Services Citizen Board for a term of three years ending May 31, 1991. according to the best of my ability. So help me God. /] .~ ~ f~ Subscribed and sworn to before me, this 7)r~ ~day of' ~t.~ /~0~ - Office of the City Clerk June 29, 1988 File #15-304 Ms. S. Elaina Loritts 2908 Florida Avenue, N. W. Roanoke, Virginia 24017 Dear Ms. Loritts: At a regular meeting of the Council of the City of Roanoke held on Monday, June 27, 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, Mary F. Parker, C~iC City Clerk MFP:ra Enco pc: Ms. Carol B. Marchal, Chairman, Youth Services Board, 2320 Mount Vernon Road, So W., Roanoke, 24015 Ms. Marion V. Crenshaw, Youth Planner Citizen Virginia Room 456 ' Municipal Building 2t .5 Churah Avenue, $.W. Roanoke, V~rglnta 2401 t (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 thereofj do hereby certify that at a regular meeting of Council held on the 27th day of June, 1988, S. ELAINA LORITTS 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 the Seal of the City of Roanoke this 29th day of June, 1988. City Clerk Office of the Ci~' July 27, 1988 File #15-323 Ms. Beverly Bury City Librarian Roanoke, Virginia Dear Hs. Bury: This i,s to advise you that Evans ~. Jessee has qualified as a member of the Roanoke Public Library Board for a term of three years, ending June 30, 1991. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Room456 MunlcipalBuitding 215 C~urch Avenue, S.W. Roanoke, Virglnia24011 (703)981-2541 0-2 Oath or Affirmation of o~:e~ I, Evan~ 2. Jesse¢ ,do~olemnlyswear (oraffirm) t. bat 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 ~,~',~ '~, f the P, oanoke ~ub~c Y, ibrarv Board for a ter~ of three years ending June 30, 19~1. Office of the City Clen~ June 29, 1988 File #15-323 Mr. Evans B. Jessee 2621 Crystal Spring Avenue, Roanoke, Virginia 24014 So Wo Dear Mr. Jessee: 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 Roanoke Public Library Board 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, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Ms. Beverly Bury, City Librarian Room456 MunlclpalBuilding 215 Church Av,e~ue, S.W. Roonoke, Vtrg~nla24011 (703)98t-2541 COMMONWEALTH OF VIRGINIA ) ) To-wit: C I TY 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, EVANS B. JESSEE was reelected as a Member of the Roanoke Public Library Board 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 Off~ce of the City Clerk July 27, 1988 File #110-132 Mr. Deverly T. Fitzpatrick, Vice Mayor Roanoke, Virginia Jr. Dear Mr. Fitzpatrick: At a regular meetinff of the Council of the City of Roanoke held on Monday, July 25, 1988, you were appointed by the Mayor and concurred in by Council to serve as a member of the following commissions, committees and board: Audit Committee Water Resources Committee Budget & Planning Committee Personnel Committee Greater Roanoke Transit Company Board of Directors Housing Strategy Task Force - Ex-Officio Cable Televison Committee Regional Cable Television Committee Fifth Planning District Commission Sincerely, ,~fary F. Parker, CMC City Clerk MFP: ra pc: Mr. Wayne G. Strickland, Executive Oirector, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. Howard E. Musser, Chairman, Cable Television Committee Mr. William L. Brogan, Municipal Audito~ Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanoke, ~rg~nla 24011 (703) 981-2541 Office C~/'he City Clef~ July 27, 1988 File #11~-132 Mr. David A. Bowers Council Member Roanoke, Virginia Dear Mr. Bowers: At a regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, you were appointed by the Mayor and concurred in by Council to serve as Chairman of the Audit Committee. You were also appointed as a member of the following commissions, corr~,ittees and task force: Budget & Planning Committee Personnel Committee Roanoke Redevelopment & Housing Authority, Board Co,~missioners ~ Council Liaison member Fifth Planning District Commission Greater Roanoke Transit Company Board of Directors Downtown Housing Task Force - Ex-Officio Housing Strategy Task Force of Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. Woj Roanoke, Virginia 24017 Mr. Wayne G. StrickIand, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. William L. Brogan, Municipal Auditor Room 456 Municipal Building 215 Church Avenue, S.W. Roonoke, Virginia 24011 (703) 981-2541 Office of ~e City Clerk July 27, 1988 File #110-132 Mrs. Elizabeth T. Council ~4ember Roanoke, Virginia Bowles Dear Mrs. Bowles: At a regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, you were appointed by the Mayor and concurred in by Council to serve as Chairman of the Water Resources Committee. You were also appointed as a member of the following co~r~nissions, committees and boards: Audit Corrgnittee Budget & Planning Committee Personnel Committee Art Committee - Roanoke City Courthouse Western Virginia Development Company Mill Mountain Development Committee Fifth Planning District Commission Greater Roanoke Transit Company Board of Directors Roanoke Arts Commission Total Action Against Poverty in the Roanoke Valley - Board of Directors, City Representative Roanoke Mayor's Committee for the Disabled Sincere Iy, ~ary F. Parker, CMC City Clerk MFP: ra pc; llr. Timothy L. Jamieson, Chairman, Roanoke Arts Commission, 6857 Sugar Rum Ridge, S. W., Roanoke, Virginia 24018 Mr. M. Carl Andrews, Chairman, Mill Mountain Development Committee, 2814 Crystal Spring Avenue, S. W., Roanoke, Virginia 24014 I~oom 456 Municll:x:ll Building 215 Church Avenue, S.W. Roono~e, V~rglnia 24011 (703) 98t-2541 Mrs. Elizabeth T. Bowles Page 2 July 27, 1988 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, Po 0. Box 2569, Roanoke, Virginia 24010 Mr. Theodore Jo Edlich, Executive Directoc, Total Action Against Poverty, P. 0. 8o~ 2868, Roanoke Virginia 24001-2868 ' Ms. Chris Driscoll, President, Mayor's Committee for the Disabled, P. 0. Box 13247, Roanoke, Virginia 24032 Office of the City Clerk July 27, 1988 File #110-132 Mr. Robert A. Garland Council Membec Roanoke, Virginia Dear ~fr. Garland: At a regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, you were appointed by the Mayor and concurred in by Council to serve as Chairman of the Bid Committee. You were also appointed as a member of the following commissions, committees and boards: Budget & Planning Committee Greater Roanoke Transit Company Board of Directors City of Roanoke Transportation Safety Commission Personnel Committee Unified Human Services Transportation System, Incorporated, Board of Directors (RADAR) Roanoke Civic Center Commission Water Resources Committee Sincerely, Mary F. Parker, CMC City Cleck MFP: ra pc; Mr. Prentiss A. Webb, Acting Executive Director, League of Older Americans, P. O. Box 14205, Roanoke, Virginia 24038 Mr. James W. ~urks, Jr., Chairman, Roanoke Civic Center Commission, 1836 Grayson Avenue, N. W., Roanoke, Virginia 24017 ~r. Bob ~. Chapman, Manager, Civic Facilities Room 456 Municipal Builcllng 215 Church Avenue, S.W. Roono~e, Vircj~nk~ 24011 (703) 98't-2541 Office of the City Clerk July 27, 1988 File #110-132 Mr. Itowa,d E. Musser Council Member Roanoke, Virginia Dear Mr. lfusser: At a regular meeting of the Council of the City of Roanoke held on Monday, July 25, 1988, you were appointed by the Mayor and concurred in by Council to serve as Chairman of the Personnel Committee, the Cable Television Cor~ittee and the War Memorial Committee. You were also appointed as a member of the following co,~,~ittees and board: Dudget & Planning Committee Greater Roanoke Transit Company Board of Directors Water Resources Committee Audit Committee Mill Mountain Zoo, Inc. (Liaison Council Member) Regional Cable Television Committee Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Room 456 Municipal Building 2t5 Church Avenue, S.W. Roonoke, Virginia 24011 (703) 981-254t Office of the City Cle~ July 27, 1988 File #110-132 Mr. James 0. Trout Council Member Roanoke, Virginia Dear Mr. Trout: At a regular meeting of the CounciI of the City of Roanoke held on Monday, July 25, 1988, you were appointed by the Mayor and concurred in by Council to serve as Chairman of the Economic Development Commission. You were also appointed as a member of the following committees and boards: Budget & Planning Corrgnittee Greater Roanoke Transit Company Board of Directors Personnel Congnittee Audit Committee Virginia Museum of Transportation Board of Directors Downtown Housing Task Force Ex-Officio Sincereiy, Mary F. Parker, CMC City Clerk MFP:ra- Mr. Roger Dalton, Executive Director, Virginia Museum of Transportation, 303 Norfolk Avenue, S. W., Roanoke, Virginia 24016 Mr. William Lo Brogan, Municipal Auditor Room456 MunlcipalBuiidlng 215C~urchAv~'~ue, S.W. Roanoke, Vlrgmta24011 (703)98%254t Office of the City Clerk JuZy 21, 1988 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to the reorganization of the Roanoke City Council, I have taken the liberty of making the following Corr~nittee assign- ments: Council Member David A. Bowers Audit Corr~ittee, Chairman Budget & Planning Committee Personnel Corr~ittee Roanoke Redevelopment & [lousing Authority, Board Commissioners - Council Liaison member Fifth Planning District Commission Greater Roanoke Transit Company Board of Directors Downtown Housing Task Force - Ex-Officio Housing Strategy Task Force Council Member EZizabeth T. Bowles Water Resources Cor,mittee, Chairman Audit Committee Budget & Planning Corr~nittee Personnel Corr~ittee Art Corr~nittee - Roanoke City Courthouse Western Virginia DeveZopment Company MiZ[ Mountain DeveZopment Committee Fifth Planning District Commission and Executive Cor~ittee Greater Roanoke Transit Company Board of Directors Roanoke Arts Commission Totai Action Against Poverty in the Roanoke Valley - Board of Directors, City Representative Roanoke Mayor's Committee for the Disabled of Room 456 Municipal Building 2~15 ~urch Avenue, S.W. I~:~noke, VIrg~nla 2401 t (703) 981-2541 The Honorable Vice-Mayor and Members of the Roanoke City Council Page 2 July 21, 1988 Council Member Robert A. Garland Bid Committee, Chairman Budget & Planning Corr~nittee Greater Roanoke Transit Company Board of Directors City of Roanoke Transportation Safety Commission PersonneZ Committee Unified Human Services Transportation System, Incorporated, Board of Directors (RADAR) Roanoke Civic Center Commission Water Resources Committee Vice-Mayor Beverly T. Fitzpatrick, Jr. Audit Co~ittee Water Resources Corr~ittee Budget & Planning Committee Personnel Committee Greater Roanoke Transit Company Board of Directors Housing Strategy Task Force - Ex-Officio CabZe Televison Committee Regionai CabZe Television Committee Fifth Planning District Cor~nission Counci! Member Howard E. Musser Personnei Committee, Chairman Budget &Pianning Committee Greater Roanoke Transit Company Board of Directors Water Resources Committee Audit Committee Cable Television Committee, Chairman War MemoriaZ Corr~nittee, Chairman Mili Mountain Zoo, Inc. (Liaison Council Member) Regional Cabie Television Committee The Honorable Mayor and Members of the Roanoke City CounciZ Page 3 JuZy 21, 1988 Council Member James 0. Trout Economic DeveZopment Commission, Chairman Budget & Planning Committee Greater Roanoke Transit Company Board of Directors Personnel Committee Audit Committee Virginia Museum of Transportation Board of Directors Downtown Housing Task Force - Ex-Officio The concurrence of Council in the abovestated appointments wi~i be appreciated. Sincerely yours, Noe! C. TayI~ Mayor NCT:MFP: ra Office of the City Clerk June 29, 1988 File #207 Mr. Robert E. Glenn, Attorney Glenn, Flippin, Feldmann and Darby P. 0. Box 2~87 Roanoke. Virginia 24001 Dear Mr. Glenn: I am enclosing copy of Resolution No. 29219, approving the plan of financing of the Iadustrial Development Authority of the City of Roanoke, Virginia. in an amount not to exceed $7,750,000.00, for the benefit of Our Lady of the Valley, Inc. to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. Jack C. Smith, Chairman, Industrial Authority, 201 Parkcrest Road, S. W., Roanoke, 24014 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director of Public Works Mr. Brian J. Wishneff, Chief of Ecanomic Development Development Virginia Room 456 Munlci~al Building 21§ (~urch Avenue, S.W. Roonoke, Virginia 240t I (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of July, 1988 No. 29219 VIRGINIA A Resolution approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of Our Lady of the Valley, Inc. to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of Our Lady of the Valley, Inc. (the "Company") whose principal office is at 5015 Williamson Road, N.W., Roanoke, Virginia, 24012, requesting the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $7,750,000.00 (the "Bonds") to assist in the financing, the acquisition, construction and equipping of a facility for the residence and care of the elderly (the "Project") at the Northwest corner of the intersection of Patton and Jefferson Streets across the street from St. Andrews Catholic Church in the City of Roanoke, Virginia, and has held a public hearing thereon on July 5, 1988. WHEREAS, Section 147(b) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code") provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147(b), of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 147(b) of the Internal Revenue Code, does not constitute an endorsement to a prospective purchase of the Bonds of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that 2 July 18, 1988 Members of the Roanoke City Council c/o Mary F. Parker, Clerk Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Industrial Development Authority Bond Financings for Our Lady of the Valley, Inc. and Roanoke Lutheran Retirement Community, Inc. Gentlemen and Mrs. Bowles: The Industrial Development Authority of the City of Roanoke, Virginia (the Authority), has held public hearings for two elderly care projects that are requesting bond financing. As charitable organizations qualified under §501(c) (3) of the Internal Revenue Code, neither applicant requires bond allocation. One facility will be next to St. Andrews Catholic Church. The other will be built behind the Lutheran Home on Brandon Avenue. Enclosed are formal information packages as to each and forms of resolutions to be submitted for action at your July 25, 1988, council meeting. Very truly yours, Robert E. Glenn HMD:bgm:0042052:0042074 Enclosures cc: Mr. Jack C. Smith w/encs. Wilbur C. Dibling, Jr., Esq. w/encs. Mr. W. Robert Herbert w/encs. Mr. Brian Wishneff w/encs. CERTIFICATE OF PUBLIC HEARING The undersigned, Margaret R. Baker, secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) does hereby certify as follows: 1. Publication of notice of a public hearing of the Authority in accordance with the provisions of §15.1-1378.1 of the Code of Virginia, 1950, as amended, was made on June 21 and June 28, 1988, in the Roanoke Times and World News, a newspaper of general circulation published in the City of Roanoke, Virginia. A copy of the notice and a certificate of publication is attached hereto as Exhibit A. 2. The Authority held a public hearing as advertised on July 5, 1988. 3. No comment from the general public was received by the Authority at the public hearing. 4. At a special meeting of the Authority on July 5, 1988, at which a quorum of the directors of the Authority was present and acting throughout, the Authority adopted its resolution, a copy of which is attached hereto as Exhibit B. 5. Attached hereto as Exhibit C is a fiscal impact statement in conformance to~.~ Witness my ha~ Marga~ Indus~ of the / 78.2 of the Code. uly, 1988~ ~ ~/~_. Baker, ~e cre '~a~-~, ) _~e~e_lopme_~ Au~ nok~ Virgi~i~ Attachments: A - Copy of Notice and Publisher's Certificate B - Resolution C - Fiscal Impact Statement PUbLISHEr'S FEE Slkli 6F VIrgINIA ~FFIO~vll CF Pd~LIgATiON TI~ES-ndALu CUKPuKATiuN~ mhtCh Cum- PucLIS~ED 1N KG~N~E~ I;~ 1nc SIdlE OF uc/el/~O MC~NIN~ OFF1CEK 5 S1GNAIuR6~/ EXHIBIT A Resolution for Approval of Issue: Our Lady of the Valley, July 5, 1988 Inc. RESOLUTION OF INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, there has been presented to the Industrial De- velopment Authority of the City of Roanoke, Virginia (the Author- ity) an amended application of Our Lady of the Valley, Inc. (the Company), for the issuance of the Authority's revenue bonds to assist in the financing of the Company's acquisition, construc- tion and equipping of a facility for the residence and care of the elderly (the Facility) to be located at 5015 Williamson Road, N.W. in the City of Roanoke, Virginia; and WHEREAS, the Company in December, 1985, appeared before the Authority and filed an application to the Authority describing the benefits of the financing and the undertaking of the Facility, and requested the Authority to agree to issue its revenue bonds pursuant to Chapter 643 of the Virginia Acts of As- sembly of 1964, as amended (the Act); and WHEREAS, the Authority passed an inducement resolution (the Inducement Resolution), in December, 1985, approving prelim- inary plans for financing of the Facility; and WHEREAS, the Company is now ready to proceed with the ac- quisition, construction and equipping of the Facility and re- quests the Authority to agree to issue its revenue bonds in such EXHIBIT B amounts as may be necessary, now estimated not to exceed $7,750,000; and WHEREAS, a public hearing has been held as required by Section 147(b) of the Internal Revenue Code of 1986, as amended (the Code); BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. All approvals given and action taken by the Authority in the Inducement Resolution are hereby confirmed. 2. The Authority agrees to assist the Company in the fi- nancing and in undertaking the Facility by issuing its revenue bonds therefor in an amount now estimated not to exceed $7,750,000 (the Bonds) upon terms and conditions to be mutually agreed upon between the Authority and the applicants. The Facil- ity shall be leased or sold by the Authority to the Company pur- suant to the Act and the Agreement of Sale for a term and upon installment sale payments sufficient to pay the principal of and premium, if any, and interest on the Bonds issued therefor and to pay all other expenses in connection with the maintenance of the Facility. The Authority agrees, if so requested by the Company, that the Bonds may be issued in more than one series and that separate security may be provided for each series, which may dif- fer from the security described above. -2- 3. It having been represented to the Authority that it is necessary to proceed immediately, the Authority hereby agrees that the Company may proceed with plans for the financing and the Facility, enter into contracts with respect thereto and take such other steps as they may deem appropriate in connection therewith, provided that adoption of this Resolution shall not obligate the Authority to (1) provide for payment of any item other than from the proceeds of the Bonds, (2) allocate any part of its private activity bond allocation to the Facility or the Bonds, or (3) seek a bond allocation from any state reserve of private activity bond funds for the Facility. The Authority agrees that the Com- pany may be reimbursed from the proceeds of the Bonds for all costs so incurred by it, whether before or after adoption of this resolution. 4. The Authority hereby recommends that the City Council of the City of Roanoke approve the issuance of the Bonds. 5. The Authority hereby agrees to the request of the Company that Hunton & Williams, Richmond, Virginia, be appointed as bond counsel and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 6. At the request of the Company, the Authority hereby appoints Scott & Stringfellow, Inc., as underwriter (the Under- writer) for the purchase and sale of the Bonds pursuant to terms to be mutually agreed upon. The circulation by the Underwriter of a preliminary Official Statement describing the proposed issue of the Bonds is hereby authorized and approved. -3- 7. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its un- dertakings as hereinabove set forth, and if requested by the Com- pany, it will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman of the Authority is autho- rized to execute an appropriate power of attorney naming counsel selected by the Company for such purposes. 8. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bonds and the undertaking of the Facility are hereby approved and confirmed. 9. This resolution shall take effect immediately upon its adoption. -4- The undersigned Secretary of the Authority hereby certi- fies that the foregoing is a true, correct and complete copy of a Resolution adopted by the Authority's Directors present and vot- lng at a meeting duly called and held on July 5, 1988, in accor- dance with law, and that such Resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. WITNESS my hand and the seal of the Authority this 5th day of July, 1988. [SEAL] -5- OUR LADY OF THE VALLEY FISCAL IMPACT STATEMENT FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING Date: To the City Council of the City of Roanoke, Virginia Name of Applicant: Our Lady Of The Valley Facility: Our Lady Of The Valley July 5, 1988 4. 5. 6. 7. Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality Estimated real property tax per year using present tax rates (services fee Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates 7,750,000 3,700,000 2,313 3,000 N/A Estimated dollar value per year of goods and services that will be purchased locally $ 702,789 Estimated numoer of regular employees on year round basis 42.25 FTE 8. Average annual salary per employee (+500,000) 34 Full/27 Part-Time Average Annual $ 12,315 Salary ~ ~ Annual Payroll vair~an;-~'dustrial Development thority of the City of Roanoke, rginia If one or more of the above questions do not apply to the facility indicate by writing N/A (not applicable) on the appropriate line. LV.96 EXHIBIT C Office a/the City Clen~ June 29, 1988 File #207 Mr. Robert Eo Glenn, Attorney Glenn, Flippin, Feldmann and Darby P. 0. Box 2887 Roanoke, Virginia 24001 Dear Mr. Glenn: I am enclosing copy of ~esoIution No. 29220, approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, in an amount not to exceed $20,000,000.00, for the benefit of The Roanoke Lutheran Retirement Community, Inc. to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Jack C. Smith, Chairman, Industrial Authority, 201 Parkcrest Road, S. W., ~oanoke, 24014 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William Fo Clark, Director of Public Works Mr. Brian J. Wishneff, Chief of Economic Development Develo~ment Virginia Room456 MunlclpalBuildlng 215 Church Avenue, $.W. Roano/~,Virglnla24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 25th day of July, 1988 No. 29220 A Resolution approving the plan of financing of the Industrial Development Authority of the City of Roanoke, Virginia, for the benefit of The Roanoke Lutheran Retirement Community, Inc. to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the Industrial Development Authority of the City of Roanoke, Virginia (the "Authority"), has considered the application of The Roanoke Lutheran Retirement Community, Inc. (the "Company") whose principal office is at 3804 Brandon Avenue, S.W., Roanoke, Virginia, 24018, requesting the issuance of the Authority's industrial development revenue bonds in an amount not to exceed $20,000,000.00 (the "Bonds") to assist the Company in acquisition, construction and equipping of a facility for the residence and care of the elderly (the "Project") at a site on property located generally behind the Virginia Lutheran Home in the City of Roanoke, Virginia, and has held a public hearing thereon on July 5, 1988. WHEREAS, Section 147(b) of the Internal Revenue Code of 1986, as amended ("the Internal Revenue Code") provides that the governmental unit having jurisdiction over the issuer of industrial development bonds and over the area in which any facility financed with the proceeds of industrial development bonds is located must approve the issuance of the bonds; and WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"), the Project is to be located in the City and the Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental officials of the City; and WHEREAS, the Authority recommends that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the public hearing has been filed with the Council. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bonds by the Authority for the benefit of the Company, as required by Section 147(b), of the Internal Revenue Code, to permit the Authority to assist in the financing of the Project. 2. The approval of the issuance of the Bonds, as required by Section 147(b) of the Internal Revenue Code, does not constitute an endorsement to a prospective purchase of the Bonds of the creditworthiness of the Project or the Company, and, as required by Section 15.1-1380 of the Code of Virginia of 1950, as amended, the Bonds shall provide that 2 neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth, the City nor the Authority shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. ATTEST: City Clerk 3 CERTIFICATE OF PUBLIC HEARING The undersigned, Margaret R. Baker, secretary of the Industrial Development Authority of the City of Roanoke, Virginia (the Authority) does hereby certify as follows: 1. Publication of notice of a public hearing of the Authority in accordance with the provisions of §15.1-1378.1 of the Code of Virginia, 1950, as amended, was made on June 21 and June 28, 1988, in the Roanoke Times and World News, a newspaper of general circulation published in the City of Roanoke, Virginia. A copy of the notice and a certificate of publication is attached hereto as Exhibit A. 2. The Authority held a public hearing as advertised on July 5, 1988. 3. No comment from the general public was received by the Authority at the public hearing. 4. At a special meeting of the Authority on July 5, 1988, at which a quorum of the directors of the Authority was present and acting throughout, the Authority adopted its resolution, a copy of which is attached hereto as Exhibit B. 5. Attached hereto as Exhibit C is a fiscal impact statement in conforma~ ~1_378.2 of the Code. Witness my ha~/~ ~~~ Marc e~f.R. BakerA Sec~y~' Indu: ~ Dev_e~op~e.nt Au.~n~. 'ty of t] ~Cit~f Roanoke, ~ir/~inia / Attachments: A - Copy of Notice and Publisher's Certificate B - Resolution C Fiscal Impact Statement 2 ADoNUMbE~ - bZ02~3b0 PU~LISHEk'S FEE - ~lb0.~0 315 SMEN.NDUAH ~LD~ ~TATE OF VIrgINIA CITY CF RCANON~ AFFiDaVIT OF PUcLICATI~N T1MES-~CRLu gOKPURATIUN, .HiCH LOK- PORATIUN I~ PUmL1SH~R UF THc KU~Nb~: TIMES N ~CKLD-NE~S~ A ~AILY N~SY~PE~ PUDLiSMED iN AOANURE, 1N )d~ STATE CF 06/21/mo M~RNINo U~I26/~8 MGANiNo Tmi~'-~T~t DAY OF JUNm 190o ' - ~ ~FiCER'$ bi,NAtUrE(/ NOTICE OF PUBLIC EXHIBIT A RESOLUTION OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA WHEREAS, there has been described to the Industrial Development Authority of the City of Roanoke, Virginia (the Authority), the plans of Roanoke Lutheran Retirement Community, Inc. t/a Brandon Oaks (the Company) to construct and equip a facility for the residence or care of the elderly (the Facility) in the City of Roanoke, Virginia (the City); and WHEREAS, the Company in its appearance before the Authority and in its application of attached hereto as Exhibit A has described the benefits to the City and has requested the Authority to agree to issue its Industrial Development Revenue Bonds under the Virginia Industrial Development and Revenue Bond Act (the Act) in such amounts as may be necessary to finance the cost of building and equipping the Facility; BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF ROANOKE, VIRGINIA: 1. It is hereby found and determined that the location of the Facility for the Company in the City of Roanoke will bring additional revenues and employment into the City and will promote the industrial development and economy of the city, benefit its inhabitants, increase their commerce and promote their safety, health, welfare, convenience and prosperity. EXHIBIT B 2. TO induce the Company to locate the Facility in the City, the Authority hereby agrees, subject to required approval and the compliance of the proposed issue with applicable law, to assist the Company to finance the construction and equipping of the Facility by undertaking the issuance of its Industrial Development Revenue Bonds therefor in an amount now estimated at $20,000,000.00 (the Bonds) upon terms and conditions to be mutually agreed upon between the Authority and the Company. The Facility shall be sold by the Authority to the Company pursuant to an installment sale or other agreement which will provide payments to or for the benefit of the Authority sufficient to pay the principal of premium, if any, and interest on the Bonds and to pay all other expenses in connection with construction and equipping of the Facility. The Bonds shall be issued in form and pursuant to terms to be set by the Authority and the payment of the bonds shall be secured by an assignment for the holders thereof, of the Authority's rights to payments under the installment sale or other agreement and may be additionally secured by the mortgage of the Facility. 3. It having been represented to the Authority that it is necessary to proceed immediately with construction and equipping of the Facility, the Authority hereby agrees that the Company may proceed with the plans for the Facility, enter into contracts for such construction and take such other steps as it may deem appropriate in connection 2 therewith, provided that nothing herein shall be deemed to authorize the Company to obligate the Authority without its consent in each instance to the payment of any moneys or the performance of any acts in connection with the Facility. The Authority agrees that the Company may be reimbursed from the proceeds of the Bonds for all costs so incurred by it subsequent to the passage of this resolution. The Authority also agrees, if requested, to issue its notes to obtain interim financing for the Facility on terms to be mutually agreed upon, such notes to be guaranteed or otherwise secured by the Company as required by the lender and the Authority. 4. The Authority shall accept, if requested, from or on behalf of the Company conveyance of such land in the City on which the Facility will be located. The officers of the Authority are hereby authorized and directed to accept and have recorded a proper deed or deeds in connection with such conveyance. If for any reason the Bonds are not issued, the Authority shall convey such property to the Company or to such other person as the Company may request, without cost other than the expense of preparation and recordation of such deed or deeds of conveyance. 5. The Authority agrees, if requested, to accept the recommendation of the Company with respect to the appointment of an agent or underwriter for the sale of the Bonds and the bond counsel with respect to the supervision of the proceedings and approval of the issuance of the bond pursuant to terms to be mutually agreed upon. 6. The Company having requested the appointment of Glenn, Flippin, Feldmann & Darby as bond counsel in connection with the issuance of the Bonds, the Authority hereby appoints Glenn, Flippin, Feldmann & Darby as bond counsel to supervise the proceedings and approve the issuance of the Bonds. 7. The Chairman of the Authority is authorized, if requested by the Company, to initiate a proceeding in the Circuit Court of the City of Roanoke, Virginia to provide for the judicial validation of the Bonds authorized hereby pursuant to Article 6 of the Public Finance Act, as amended, and in connection therewith, to take whatever further action, with advice of bond counsel and counsel for the Authority, he may deem necessary or desirable. 8. Ail costs and expenses in connection with the financing and the construction and equipping of the Facility, including the fees and expenses of bond counsel, counsel to the Authority and the agent or underwriter for the sale of the Bonds, shall be paid from the proceeds of the Bonds subject to applicable limitations of federal and state law. If for any reason such Bonds are not issued, it is understood that all such expenses shall be paid by the Company and that the Authority shall have no responsibility therefor. 4 9. The Authority intends that the adoption of this resolution be considered as "official action" toward the issuance of the bond within the meaning of the regulations issued by the Internal Revenue Service pursuant to Section 144 of the Internal Revenue Code of 1986, as amended. 10. The Authority shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth, and if requested by the Company, it will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Authority is hereby authorized to execute an appropriate power of attorney naming counsel selected by the Company for such purpose. 11. The Authority recommends that the City Council of the City of Roanoke, Virginia approve the issuance of the Bonds. 5 The undersigned Secretary of certifies copy of present 5, 1988, the Authority hereby that the foregoing is a true, correct and complete a Resolution adopted by the Authority's Directors and voting at a meeting duly called and held on July in accordance with law, and that such Resolution has not been repealed, revoked, rescinded or amended but is in full force and effect on the date hereof. day of July, [SEAL] WITNESS my hand and the seal of the Authority this 5th Secr( ? 6 FISCAL IMPACT STATEMENT Roanoke Lutheran Retirement Community, t/a Brandon Oaks Inc. 7/5/88 e 4. 5. 6. e Elderly Care and Housing Facility Maximum amount of financing sought $20,000,000.00 Estimated taxable value of the facility's real property to be constructed in the municipality $16,000,000.00 Estimated real property tax per year using present tax rates $ 10,000.00 Estimated personal property tax per year using present tax rates $ Tax Exempt Estimated merchants' capital tax per year using present tax rates $ Tax Exempt Estimated dollar value per year of goods and services that will be purchased locally 3,000,000.00 Estimated number of regular employees on year round basis 64 Average annual salary per employee $ 14,000.00 ~rt~Tnr~atY of~~~~rl-'a''l De--~'el°pm~e City of Roan ~et, EXHIBIT C C)fficeoftheCi~yClerk July 27, 1988 File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. SchIanger: I am attaching copy of Ordinance No. 29221, amending and reor- daining certain sections of the 1988-89 General and Capital Funds Appropriations, appropriating $5,392,900.00 for the renovation of seven elementary schools constructed prior to 1930; and approxi- mately $364,160.00 in proceeds from the 1989 Vehicle Replacement and Capital Maintenance and Equipment Replacement Funds, for the replacement of twelve school buses, in accordance with the Virginia Department of Education school bus replacement schedule, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP: ca Eno, ~c: Mr. W. Robert Herbert, City Manager Mr. Edwin R. Feinour, Chairman, Roanoke City School Board, 3711Peakwood Drive, S. W., Roanoke, Virginia 24014 Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Room456 MunicipolBuildlng 215 Church A'~nue, S.W. Roanot~,Virg~nia24011 (703) 981-2541 IN THE COUNCIL OF~{E CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29221. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General and Capital 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 Capital Funds Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: General Fund Appropriations Education Capital Outlay (1) ................................ Non-Departmental Contingency (2) ................................... Fund Balance Capital Maintenance & Equipment Replacement Program - School Unappropriated (3) .............. Capital Fund Appropriations $56,420,718 594,081 11,062,701 1,212,097 $(114,159) Education $ 9,276,617 Alterations to Buildings (4-5)... ................. 5,392,900 Capital Improvement Reserve ( 230,927) Public Improvement Bonds - Series 1985 (6-7) ...... 969,437 Public Improvement Bonds - Series 1988 (8) ........ (3,246,936) Revenue Due From State - Literary Loan (9) ................ State Grants - School Literary Loan (10) .......... $ 1,000,000 1,000,000 1) Repl. School Buses (001-060-6002-6676-0808) $ 364,160 2) Equip. Repl. Contingency (001-002-9410-2202) ( 150,000) 3) CMERP - Schools (001-3333) ( 214,160) 4) Appr. From Bonds (008-060-6064-6896-9001) 4,392,900 5) Appr. From State (008-060-6064-6896-9007) 1,000,000 6) Schools (008-052-9577-9182) ( 692,900) 7) Buildings (008-052-9577-9183) ( 500,000) 8) Schools (008-052-9603-9182) (3,200,000) 9) Due From State (008-1161) 1,000,000 10) Revenue - Literary Loan (008-008-1234-1002) 1,000,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTMENT OF FiNANCe ~ F .. 2-~ July 25, 1988 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation Of Funds For The School Board Attached is a request from the School Board to appropriate $5,392,900 to renovate seven elementary schools and $364,160 to replace school buses. Funds for renovation of the schools will include $1,192,900 from the 1985 Capital Bond Issue, $3,200,000 from the 1988 Capital Bond Issue and $1,000,000 in Literary Fund loans. Funds for the school buses will include $150,000 from the General Fund Contingency for capital asset replacement and $214,160 from the Capital Maintenance and Equipment Replacement Program (CMERP). I recommend adoption of the attached budget ordinance to appropriate these funds as requested by the School Board. JMS/kp Roanoke, ,', Ci1:¥ School Board P'O 8ox 13105. R ~oanoke. Virginia ~4031 70~-981-~,1 July 6, 1988 L The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its meeting of July 6, .,. 1988, the School Board respectfully requests City Council to appropriate. ' $5,392,900.00 for the renovation of seven elementary schools which were" constructed prior to 1930. The program includes proceeds from the 1985 Capital Bond Issue in the amount of $1,192,900.00, proceeds from the 1988 Capital Bond Issue in the amount of $3,200,000.00, and loan proceeds from the State Literary Fund in the amount of $1,000,000.00. The Board further requests the appropriation of $364,160.00 in proceeds from the 1989 Vehicle Replacement and Capital Maintenance and Equipment Replacement Funds. The monies will be used for the replacement of twelve school buses in accordance .with the Virginia D~partment,, of Education school bus replacement schedule. The School Board appreciates the approval of these requests which will enable the Board to commence the renovation of Highland Park Elementary School and to purchase new school buses prior to the start of the school year. Ric'ha~'d L. Kelley Clerk of the Board and Executive for Business Affairs cc: Mr. James M. Turner, Jr. Dr. Frank P. Tota Mr. William L. Murray, Jr. ,, Mr. Kenneth F. Mundy, Jr. V~r~. W. Robert Herbert " r. Wilburn C. Dibling · Joel M. Schlanger (with accounting details) .... · Excellence In Education--- ROANOKE CITY 3C~OOL BOARD Roanoke, ¥irginia APPROPRIATION REOUEST Renovation OF gleeentsr¥ Snhoole O08-ObO-bObq-b89b-08§l Appropriation Unit ZNN Alterations to Buildings $ 5, ~92~ ~00~ O0 1985 Bond Issue 1988 Bond Issue Literary Fund Loan 192,900. O0 200, 000. O0 000~ 000~ O0 g 5,392.~00~00 The renovation oF seven elementary sohools which sere constructed prior to 1930 sill be Funded From three sources. Literary Fund loans have been approved in the amount oF 81,000,000 and proceeds From the 1985 and 1988 Bond Issues total $~,392,900. The balance oF the 1985 Bond Issue originally allocated to schools is $b92,900. Uncommitted Funds in the amount oF $500,000 From the 1985 Bond Issue sere also allocated to schools. Bi~hland Park School is scheduled For renovation durin~ 1988-89 and Oakland School is scheduled For renovation durin~ 1989-90. July b~ 1988 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REOU8ST School Bumen O01-O60-bOO2-667b-0808 Appropriation Unit ZC1 Replacement oF School Buses Vehicle Replacement Fund Capital Haintenance & Equipment Replacement Fund 150, 000. O0 21q~ lbO. O0 36q. 160. O0 The above appropriation represents the First request For proceeds From the 1989 Vehicle Replacement and Capital Naintenance and Equipment Replacement Funds. T~leve school buses ~ill be replaced in accordance with the Virginia Department o~ Education school bus replacement schedule. July 6, 1988 Office of the City Cler~ July 27, 1988 File #133-502-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Hr. Herbert: I am attaching copy of Resolution No. 29223, authorizing accep- tance of Grant No. 88-A6680 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program, and authorizing the exe- cution and filing by the City Manager of the conditions of tile grant and other grant documents, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on ~onday, July 25, 1988. ~"~,- ~4,~ ~,SincereIY' ~ Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. Donald $. Caldwelt, Co~nonwealth's Attorney ~s. Mary Ann ~ers, Coordinator, Victim/Witness/Juror Assistance Program Mr. Wilburn C. Dibling, Jr'., City Attorney Mr. Joel M. Scblanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Municipal Building 2t50'~urch Avenue, S.W. Roonoke, 'Virginia 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29223. A RESOLUTION authorizing the acceptance of Grant No. 88-A6680 made to the City of Roanoke by the State Department of Criminal Justice Services for a Victim/Witness/Juror Assistance Program, and authorizing the execution and filing by the City Manager of the conditions of the grant and other grant documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the offer made by the State Department of Criminal Justice Services of Grant No. 88-A8880 in the total amount of $19,048.00 for Fiscal Year 1988-89 for a Victim/Witness/Juror Assistance Program. 2. The local cash match for Fiscal Year 1988-89 shall be in the amount of $14,514.00, including salary supplement. 3. The City Manager or the Assistant City Manager is hereby authorized to accept, execute and file on behalf of the City any documents setting forth the conditions of Grant No. 88-A6880. 4. The City Manager or the Assistant City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in con- nection with the City's acceptance of the foregoing grant or with such project. ATTEST: City Clerk. Office of the City Clerk July 29~ 1988 File #60-133-502-236 l~r. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29222, amending and reor- daining certain sections of the 1988-89 General and Grant Funds Appropriations, providing for acceptance of the Department of Criminal Justice Services Grant #88A6680 for the Victim/Witness/Juror Assistance Program, in the amount of $19,048.00, and transferring $14,514.00 in Ioca~ matching funds from the Commonwealth's Attorney's fiscal year 1988-89 budget, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. /~ ~'SincerelY' Mary F. Parker, CMC City Clerk MFP: ra Enco pc: Mr. Donald S. CaldweII, Commonwealth's Attorney Ms. ~ary Ann Myers, Coordinator, Victim/Witness/Juror Assistance Program lfr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Room 456 Municipal Building 21§ Church Av,~nue. S.W. Roonoke, Vkg~nio 24011 (703) 98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29222. 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 Judicial Administration Commonwealth's Attorney (1) ......................... Nondepartmental Transfers to Other Funds (2) ........................ Grant Fund Appropriations Public Safety Victim Witness Revenue Public Safety Victim Witness Grant 88-89 l) Transfers to Grant Fund 2) Transfers to Grant Fund Grant 88-89 (3-6) .................... (7-8) .................... (001-026-2210-9536) (001-004-9310-9536) $(14,514) 14,514 $ 2,744,946 530,209 9,113,268 9,113,268 $ 366,290 33,562 $ 366,290 33,562 5 6 7 8) Regular Employee Salaries Training and Development Expendable Equip. Admin. Supplies State Grant Revenue Local Match 035-026-5112-1002 035-026-5112-2044 035-026-5112-2035 035-026-5112-2030 035-035-1234-7021 035-035-1234-7022 $ 28,706 1,484 367 3,005 19,048 14,514 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk GoMMONWEALTH' OF VIRGINiAr CITY Of ROANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE Jul~ 25, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, VA Dear Members of Council: Subject: Acceotance of Victim/Witness Assistance Program Grant I. Background me Victim/Witness Juror Program is designed to recognize and address the needs of victims and witnesses in the Roanoke City Criminal Justice System and to continue the commitment for citizen support. B. Roanoke City Victim/Witness/Juror Assistance Committee (RCVWJ) was formed in the fall of 1983, by Judges and Clerks of Circuit, General District and Juvenile Courts, Commonwealth's Attorney, City Sheriff, Chief Magistrate, Chief of Police, Director of Administration and Public Safety, and Roanoke Bar Association. Ce Victim/Witness Juror Program was developed and utilized volunteers in the court system to orovide services to supoort the needs of victims, witnesses and jurors. De The RCVWJ Committee submitted the program to the State with a request for full payment fundlng. A start-uo grant (#85A6252) was issued on July 1, 1984, in the amount of 816,202 for FY 84-85 subject to proportional annual local funding to be aoproved each year E. City Council acce~ted the start-u¢ grant in September, 1984, and hired a full-time Crogram coordinator in October, 1984. Me City Council acceoted the second year of the Victim/Witness Assistance Program grant (#86A6292) in Seotember, 1985, and apnrooriated S2,430 for FY 85-86 as the City's first year oronortional share of the grant subject to the terms of the original agreement (15% of $16,202). Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant July 25, 1988 Page 2 Mm In October, 1985, the City Manager aporoved the mew classification of the victim/witness coordinator's ~osition at a ~av grade 09 and the full-time coordinator received a salary increase of $3,108. The additional expense of this salary increase was transferred from the Commonwealth Attorney's 85-86 budget to the Victim-Witness Grant budget. City Council accepted the third year of the Victim/Witness Assistance Program grant (#86A6400) in August, 1986, and annro- ~riated $2,430 for FY 86-87 as the City's local cash match and $4,145 as a salary supplement for the Coordinator. In June, 1987, the Victim/Witness Assistance Program grant ~'#86A6400) was extended from June, 1987 thru November, 1987. City Council accepted the fourth year of the Victim/Witness Assistance Program grant (#87A6524) in November, 1987, and appro- priated $9,916 as the City's local cash match and salary supplement for the Coordinator for the grant period, November, 1987 to August, 1988. In April, 1988, a request for a new grant was submitted bv the Victim-Witness Coordinator when additional state funds became available. II. Current Situation A® The Victim/Witness/Juror Program has been awarded a ten month $19,048 grant (#88A6680) for September 1988 through June, 1989, which will be matched by a local cash match of $14,514 (including salary supolement) for a total grant budget of $33,562. The Victim/Witness/Juror Program continues to operate with a full-time coordinator, as well as a part-time Victim-Witness Advocate for Juvenile & Domestic Relations District Court. Duties have expanded and increasingly greater contact has been made with persons in need of program services. A summary of FY 84-85, 85-86 86-87, and 87-88 (to-date) contacts document this increase in services (see Attachment A). The Victim/Witness/Juror Progrmm is coordinated by the Office of the Commonwealth's Attorney and this office's FY 1988-89 budget as aporoved by City Council included a local cash match grant fund of $14,514 (appropriated as outlined in Attachment B). Members of Council Subject: Acceptance of Victim/Witness Assistance Pro~ram Grant July 25, 1988 Page 3 III. Issues A. Services B. Costs IV. Alternatives Accept the Victim/Witness/Juror Grant #88A6680 for $19,048 with Roanoke City paving $14.514 as a local cash match (including selarv supplement) for s total grant of $33,562. 1. Services a. Present level of services and contacts would be maintained for victims and witnesses in General District Court. b® Present level of services and contacts would be maintained for victims and witnesses in Juvenile & Domestic Relations District Court. 2, Costs a. Cost to the City for Grant #88A6680 would be $14.514 as a local cash match (including salary supplement). B. City Council not accept the Victim/Witness/Juror Grant #88A6680 in the amount of $19,048. Services such as those below would be greatly curtailed or not provided if the grant is not accepted. Providing felony victims and witnesses with a letter and educational brochure familiarizinR them with the court system, procedures and terminology before their court appearance. be Notifying the victims and witnesses of the status of pending cases thereby decreasinR the number of unnecessary trips made to court and helning the victims and witnesses feel informed and a part of the criminal justice process. Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant July 25, 1988 Page 4 C® Providing police officers ~rlth case status information and organizing their cases so that they are heard consecutively, thus eliminating unnecessary and costly overtime charges. d. Assisting victims in securing court ordered restitution payments, e. Making victims aware of the Virginia Crime Compensation Fund and assisting them in commleting the application process. f. Provide referrals to other agencies which can help victims address their non-criminal Justice needs. Accompany victims and witnesses to court proceedings to reduce their fears and anxieties regarding court aDnearances. h. Intercede with employers and school officials when victims and witnesses have difficulties securing time off. i. Assist sexual assault victims in having forensic medical bills paid by the court system. Assist probation and parole officers in the preparation of Victim Impact Statements which are presented to the judge at the defendant's sentemcing. k, Provide "counseling" and crisis intervention to crime victims and witnesses. 1, Arrange for transportation to court for those victims and witnesses who have special needs. me Provide public relations information in the form of courthouse tours, programs and lectures about the criminal justice system and vi ctimologv. 2, Costs would not be an issue. V. Recommendations Ae City Council to concur with Alternative A, which would allow for the acceptance of, and ~articimation in the Department of Criminal Justice Services Grant #88A6680 for the Victim/Witness/Juror Assistance Program in the amoumt of $19,048, with the City providing a local cash match of $14,514 (including salary supDlemen~) from the monies provided in the Commonwealth Attorney's FY 88-89 budget Members of Council Subject: Acceptance of Victim/Witness Assistance Program Grant July 25, 1988 Page 5 DSC:btw Dc: Authorize the City Manager to si~n and execute all a~roDriate documents to obtain Grant #88A6680. Appropriate $19,048 in state grant funds and transfer $14,514 in local matching funds from General Fund account 001-026-2210-9536 to the Grant Fund into accounts to be established by the Director of Finance. Resmectfull¥ submitted, Donald S. Caldwell Commonwealth's Attorney City Manager City Attorney Director of Finance Director of Administration & Public Safety Victim/Witness/Juror Coordinator VICTIM-WITNESS ASSISTANCE PROGRAM SERVICE S UMF~RY FY FY FY FY SERVICE 84-85 85-86 86-87 87-88 1. Case Disposition & Case Status Information 2. Intercession with Schools or Employers 3. Victim Counsel Sessions 4. Referral to Crime Compensation Fund 5. Restitution Payment Assistance 6. Contacts in Person or by Phone to Educate Persons to the Crlminal Justice Svstem 7. Introductorv Brochures Mailed 8. Total Victims Contacted 9. Total Witnesses Contacted 10. Police Contacts for Case Information 11. Volunteer Hours Served 556 12 14 24 71 662 51 982 554 66 826 1,063 17 56 84 218 1,406 6O7 2,245 1,464 157 926 868 12 30 7O 314 1,299 686 1,714 528 93 544 900 25 5O 250 4OO 1,350 2,250 4,500 1,100 120 626 ATTACHMENT A FY 84-85 FY 85-86 FY 86-87 FY 87-88 FY 88-89 LOCAL CASH MATCH GRANT FUND DCJS GRANT $16,202 (100%) $13,772 (85%) $32,550 (93%) $17,225 (78%) $19,048 (71%) LOCAL CASH MATCH $2,430 (15%) $2,430 (7%) $4,860 (22%) $8,101 (29%) LOCAL SUPPLEMENT $3,108 $4,145 $5,056 $6,413 TOTAL $16,101 $19,310 $39,125 $27,141 $33,562 ATTACHMENT B Roanoke, Virginia July 25, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Member of Council: Re: Acceptance of Victim/Witness Assistance Program Grant ~ The attached report from Donald S. Caldwell, Commonwealth's Attorney, con- cerning the above subject is concurred in by me. Respectfully submitted, [4. Robert Herbert City Manager WRH/a cc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Finance Director July 25, 1988 Mayor Noel C. Taylor and Members of Council Roanoke, Virginia Members of Council: SUBJECT: ADMINISTRATIVE MEMORANDUM #88-1/SMOKING REGULATIONS I. BACKGROUND Ao Concern has been expressed over the last few years from employees and the general public about smoking in City-owned buildings. The City Manager appointed an employee task force composed of smokers and non-smokers in November, 1987 to study the issue of smoking in City buildings and facilities. 1. The task force found that decisive evidence exists that "second-hand or passive" smoke adversely affects the health of non-smokers. The committee recommended regulations to the City Manager after examining smoking policies of the federal government, federally-owned buildings, other local governments, and private businesses. The regulations were written to protect the non-smoker's right not to be exposed involuntarily and to recognize the needs of those who smoke by permitting smoking only in designated areas. Co The City Manager circulated the proposed regulations on March 22, 1988 for employee comment and input. The vast majority of City workers were in favor of the regulations as written and want a smoke-free environment. Only two responses were not in favor of the regulations as written. a) One felt the regulations were too stringent. b) One felt the regulations were too lenient and smoking should be eliminated completely. 3. Minor technical changes were made to the regulations as a result of employee suggestions. II. CURRENT SITUATION The City Manager plans to implement the attached Administrative Memorandum #88-1/Smoking Regulations effective August 1, 1988 in all buildings occupied by City personnel under the jurisdiction of the City Manager. III. CONCLUSION Unless there are unforeseen problems, the attached regulations will be implemented August 1, 1988. These regulations are given to City Council for your information, review, and comments. We will be pleased to answer any questions that you may have. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/slw CC' Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Chairman, Smoking Policy Task Force and Director of Human Resources David H. Dew, Smoking Policy Task Force Member, Office of Management and Budget Carolyn Barrett, Smoking Policy Task Force Member, Fifth District Employment and Training Consortium Kathy Jones, Smoking Policy Task Force Member and Assistant City Attorney Dr. Mike Clarke, Smoking Policy Task Force Member, Roanoke City Health Department CITY OF ROANOKE, VIRGINIA Interdepartment Communication DATE: July 21, 1988 TO: FROM: Directors, Managers, Constitutional, Council-Appointed Officials and Court-Appointed Officers W. Robert Herbert, City Manager SUBJECT: Administrative Memorandum No. 88-1 Purpose: To establish and provide smoking regulations in buildings owned by the City of Roanoke. Numerous studies have concluded that smoking adversely affects the health of those persons "passively" exposed to tobacco smoke. In view of these findings and in the interest of protecting Roanoke City employees' health and well being, the following regulations are to protect the non-smoking worker's and public building visitor's right not to be exposed involuntarily to secondhand tobacco smoke at the City-owned public facilities. The regulations also recognize the needs of those who smoke and per- mit the designation of smoking areas. These areas are proposed to allow those who smoke to continue to do so conveniently and without affecting productivity. Hence, the policy attempts to recognize the rights, needs and concerns of all employees. The regulations are designated to improve the overall quality of City-owned space and to assure the health and safety of City employees and the visiting public. The City believes the following regulations are responsive to the concerns raised: Procedures: Regulations for controlling smoking in City-owned or occupied facilities housing City personnel under the jurisdiction of the City Manager, are set forth below. Smoking is defined as a lighted cigar, cigarette, pipe, or any other lit tobacco pro- duct. These regulations reflect the following considerations: In recognition of the increased health hazards of passive smoke on the non-smoker, smoking is to be held to an abso- lute minimum in areas where there are non-smokers. Administrative Memorandum No. 88-1 Page 2 In recognition of the needs of smokers, smoking areas should be designated in City buildings which are convenient, do not negatively impact worker productivity, and do not impinge on the health of those who do not smoke. Departmental managers are to be given the responsibility to determine which areas are to be smoking areas and which areas are to be non-smoking areas in their department. In exercising this responsibility, the department managers are to give appropriate consideration to the views of the employees affected and are to take fully into consideration the health issues involved. B. Smoking is prohibited in the following areas: 1. All office space, except as permitted under (C)(2)(ii) of this section; 2. Auditoriums, classrooms and conference rooms; Elevators ("No Smoking" signs shall be posted in elevators and adequate receptacles shall be placed outside the entran- ces if designated as a non-smoking area); 4. Corridors, lobbies, restrooms, and stairways; 5. Public areas of Libraries~ and Hazardous areas. Each department manager shall post and enforce "No Smoking" rules in any location under its juris- diction which involves flammable liquids, flammable gases, or flammable vapors, or in all other locations where there is a collection of readily ignitable, combustible materials. C. Designated smoking areas shall be established as follows: 1. Smoking areas in snack bars. (i) Each department head shall establish "smoking areas" in snack bars, if available. (ii) The areas designated shall be based upon an estimate of the number of smoking and non-smoking patrons served. This may be adjusted on the basis of local experience. The designated "smoking" areas shall be identified by appropriate signs. Administrative Memorandum No. 88-1 Page 3 2. "Designated smoking areas" established by departmental mana- gers. (i) If possible with the limits of available space, depart- mental managers shall establish "designated smoking areas" except those areas as set forth under paragraph (B) of this section. They will be responsible for moni- toring and controlling these areas and for ensuring that "designated smoking areas" are identified by proper signs. Suitable uniform signs reading "Designated Smoking Area" shall be furnished and installed by the City. (ii) Office space may be designated as a smoking area pro- vided that the office space is configured so as to limit the involuntary exposure of non-smokers to secondhand smoke to a minimum, i.e., the office space involved must be large enough and sufficiently ventilated to provide separate smoking and non-smoking sections which protect the non-smokers against involuntary exposure to smoke. The City and departments are responsible for providing adequate ash-trays or receptacles in the designated smoking areas. Suitable uniform signs reading "No Smoking Except in Designated Areas" shall be placed on or near entrance doors of buildings subject to these regulations. These signs shall be furnished and installed by the City. However, it should not be necessary to display a sign in every room of each building. Effective Date: August 1, 1988 WRH:DHD:mds Office of the City Clerk July 27, 1988 File #60-77-102 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29224, amending and reor- daining certain sections of the 1988-89 Capita! Fund Appropriations, in connection with receipt of funds from the State on the basis of monthly estimates of expenses to be incurred and subsequently paid by the City to Mattern & Craig, Consulting Engineers, for the First Street/Gainsboro Road and Wells Avenue projects, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincere Iy, ~ Mary F. Parker, CMC City Clerk MFP:ra Eric, Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works Charles M. tfuffine, City Engineer Kit B. Kiser, Director of Utilities and Operations Barry L. hey, Manager, Office of Management and Budget Room 456 Municl~ooi Building 215 C~urch Avenue, S.W. Roonoke. "~rg~n~a 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988] No. 29224. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Capital Fund Appropriations, and providing for an emer- gency. 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 Appro- priations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Streets and Bridges $9,165,294 Peters Creek Rd. Ext. (1) .......................... 45,000 Franklin Road Widening (2) ......................... 39,700 10th Street Widening (3) ........................... 63,300 13th Street/9th Street Widening (4) ................ 28,000 Fifth Street Bridge Replacement (5) ................ 9,500 Hershberger Road Ext. (6) .......................... 49,290 1st Street/Gainsboro/Wells Ave. Widening (7-8) ..... 100,117 Capital Improvement Reserve 2,809,073 Public Improvement Bonds - Series 1988 (9) ......... (206,936) Revenue Due From State - VDOT (lst/Wells/Gainsboro) (10)... Misc. Revenue - VDOT (lst/Wells/Gainsboro) (11) .... 1) 2) 3) 4) 5) 6) Appr. from Bonds (008-052-9595-9001) $ 15,000 Appr. from Bonds (008-052-9596-9001) 15,000 Appr. from Bonds (008-052-9597-9001) 50,000 Appr. from Bonds (008-052-9598-9001) 20,000 Appr. from Bonds (008-052-9599-9001) 5,000 Appr; from Bonds (008-052-9600-9001) 5,000 $1,002,342 1,002,342 7) Appr. from Bonds 8) Appr. from State 9) Streets & Bridges 10) Due from State (VDOT) 11) Misc. Revenue - VDOT 008-052-9547-9001) 008-052-9547-9007) 008-052-9603-9181) 008-1233) (008-008-1234-1065) $ 50,000 1,002,342 ( 160,000) 1,002,342 (1,002,342) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 25, 1988 Honorable Mayor and Memb~s 0~. C~ty C~uncil Roanoke, Virginia Dear Members of Council: Subject: Highway Projects - Transfer of Funds to Meet Anticipated Expenditures I. Back~round on this subject is: Virginia Department of Transportation (VDOT) continuously develops various phases of the City Council approved highway projects. These phases include such items as preliminary engineering, right of way acquisition and project construction. Billings to the City from the VDOT are done on an interim basis. These billings represent our share of the expenditures to date (generally 5%). The receipt of these bills does not follow any specific time table and in many cases are received individually for each project. Capital Fund Accounts are established for each project in the amount of the estimated billings that are anticipated for the year. This provides for easier payments of interim bills. However, there may be instances when additional requests to City Council for transfers are needed to cover interim bills. II. Current situation of this subject is: Capital Improvement Pro~ram approved for fiscal years 1988-1992 includes $900,000 to provide for the City's share of anticipated highway project costs over a three (3) year period. Of this amount, $500,000 is designated to come from the 1988 Bond Series. Appropriation of 3160,000 from the Streets and Bridges category of the 1988 Bond Series to individual project accounts is needed to cover anticipated billings. Individual pro~ects are funded from their respective highway accounts and utility accounts depending upon the extent of water and sewer relocation needed on each project. Eight (8) highway construction projects for which funds are currently allocated in the VDOT's Six-Year Improvement Program require continued funding in order to meet the costs anticipated on these projects for fiscal year 1988-89. Transfers needed for each project are listed in Attachment No. 1. Page 2 III. IV. Two (2) of these highway construction pro~ects (which the City has agreed to administer -- First Street/Gainsboro Road and Wells Avenue) require that a receivable account and an appropriation account be established in the amount of $1,002~342.24. This is the amount of the contract between the City and Mattern & Craig, Consulting Engineers approved by City Council on December 21, 1987 (Ordinance No. 28916). Establishing these accounts will enable advance receipt of funds from VDOT on a monthly basis to cover expenses that the City expects to incur in this contract. This funding format was previously agreed to by VDOT in an agreement dated August 20, 1987, which City Council authorized the City Manager to execute on July 27, 1987. A. Payments to Virginia Department of Transportation B. Relationship with Virginia Department of Transportation C. Continued progress on projects Alternatives: A. Authorize Director of Finance to transfer $160~000.00 from the Streets and Bridges category of the 1988 Bond Series to the indivi- dual project accounts as listed in Attachment No. 1 (in their respective amounts) and establish a receivable account in the amount of $1~002~342.24 for funds provided by the State for sub- sequent project expenditures by the City. 1. Payments to Virginia Department of Transportation from each project account are made possible at the funding levels needed. 2. Relationship with Virginia Department of Transportation is maintained at its current excellent level. 3. Continued progress on projects would be ensured. Do not authorize Director of Finance to transfer $160~000.00 from the Streets and Bridges category of the 1988 Bond Series to the individual projects, and not establish a receivable account. 1. Payments to Virginia Department of Transportation for each pro- ject cannot be made at the funding levels needed. 2. Relationship with Virginia Department of Transportation will be jeopardized and future construction efforts may be hurt. 3. Continued progress on projects may be jeopardized. Page 3 V. Recommendation is that City Council approve Alternative "A" and: Authorize the Director of Finance to transfer ~160~000.00 from the Streets and Bridges category of the 1988 Bond Series to the indivi- dual project accounts as listed on Attachment No. 1 (in their respective amounts). Establish a receivable account and appropriate the amount of $1,002,342.24 to Account 008-052-9547-9007, 1st Street/Gainsboro Road and Wells Avenue, for receipt of funds from the State made on the basis of monthly estimates of expenses'to be incurred and sub- sequently paid by the City to Mattern & Craig, Consulting Engineers for the 1st Street/Gainsboro Road and Wells Avenue projects. WRH/RKB/mm Attachment CC: City Attorney Director of Finance Director of Public Works Director of Utilities & Operations City Engineer Office of Management and Budget Respectfully submitted, W. Robert Herbert City Manager ATTACI~ENT NO. 1 2. 3. 4. 5. 6. 7. 8. PROJECT Peters Creek Road Extension (008-052-9595-9003) Franklin Road Widening (008-052-9596-9003) 10th Street Widening (008-052-9597-9003) 13th Street/9th Street Widening (008-052-9598-9003) Fifth Street Bridge Replacement (008-052-9599-9003) Hershberger Road Extension (Eastern Bypass) (008-052-9600-9003) 1st Street/Gainsboro Road Widening (008-052-9547-9003) Wells Avenue Widening (008-052-9547-9003) TRANSFER N~BDED TO ACCOMMODATE ANTICIPATED BILLINGS $ 15,000 15,000 50,000 20,000 5,000 5,000 25,000 25,000 $160,000 Office ~ ~ne Cl~ Cl~ July 27, 1988 File #467-166 Mr. Wo Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 29225, authorizing demoli- tion of the building formerly known as Tinker Creek School, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, P~iff~l~... Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. WilOurn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director of Utilities and Operations Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Jimmie B. Layman, Manager, Parks and Recreation Mr. Cline C. Hollandsworth, Manager, Grounds Maintenance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Nelson M. Jackson, Manager, Building Maintenance Ms. Jinni 8enson, Neighborhood Partnership Coordinator and Room 456 Municipal Building 215 (D~urch Avenue, S.W. Roonoke, ~rg~nia 2401 t (703) 98t-2,,54.1 IN THE COUNCIL OF THE CITY OF The 25th day of July, 1988. No. 29225. ROANOKE, VIRGINIA, A RESOLUTION authorizing the demolition of the building formerly known as Tinker Creek School. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to cause the demolition and removal of the building known as the former Tinker Creek School in accordance with the City Manager's report to Council dated July 25, 1988. ATTEST: City Clerk. Roanoke, Virginia July 25, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Former Tinker Creek School Building I. Background: Tinker Creek School was built in 1918 and was last used as a public school in 1969; the City School Administration had offices there until 1971. Roanoke Valley Science Museum occupied the building between 1976 - 1983, until relocating to Center-in-the-Square in 1984. Co Roanoke Neighborhood Partnership and Williamson Road Action Forum attempted to develop a project for converting the building into a center for the arts; these efforts were unsuccessful. II. Current Situation: Storage of surplus City equipment is the only use being made of the former school building. Relocation of this storage to more secure facilities is contemplated. Bo Continuing deterioration of the building is occurring. Exterior painting and a new roof, estimated to cost $40~000, are minimum items if the building is to remain standing. III. Issues: A. Neighborhood impact. B. Cost. C. Future use of property. IV. Alternatives: Ao City Council authorize the City Manager to demolish the former Tinker Creek School building and maintain the property for open space/neighborhood recreation. Neighborhood impact will be positive in that the eyesore of a deteriorated, boarded up building will be removed. Mayor Taylor and Council Members Page 2 Cost will be relatively nominal for a demolition contractor to remove the old building and cleanup the site. Future use of the property will be suitable for neighborhood recreation. City Council not authorize the City Manager to demolish the former Tinker Creek School building. NeiKhborhood impact will be negative unless the City expends considerable funds to paint and otherwise restore the structure. Cost will be at least $40,000 for i~mediate repairs, plus any future expense for renovations and operating COSTS. Future use of the property would be uncertain. To date, no functional use for the building has been identified. V. Recommendation: City Council approve Alternative "A" thus authorizing the City Manager to proceed with demolition of the former Tinker Creek School building. The site will be restored so as to serve as an open space/neighborhood recreation area for the adjoining residential community. Respectfully submitted, W. Robert Herbert City Manager WRH:WFC:pr pc: Director of Finance City Attorney Director of Utilities and Operations Director of Administration and Public Safety Director of Public Works City Engineer Manager, Building Maintenance Manager, Parks and Recreation/Grounds Maintenance Neighborhood Partnership Coordinator INTERDEPARTMENTAL COMMUNICATION ROANOKE NEIGHBORHOL}D PARTNERSHIP TO: WILLIAM F. CLARK, DIRECTOR OR PUBLIC WORKS FROM: JINNI BENSON,~OORDINATOR DATE: JUNE 30, 1988 SUBJECT: TINKER CREEK SCH~')L At a special call meeting of the Williamson Road Action Forum, Inc. on Thursday June 30, 1988, the Executive Board members voted unanimously to approve the City of Roanoke's decision to demolish the Tinker Creek School building, The attached fact sheet was presented to the members of the Executive Board members. It was also stated that if the members wished to discuss this issue further, staff members would meet with them at their next regularly scheduled Executive Board meeting, A motion was made to approve the demolition and to forward their approval to the City of Roanoke. The Executive Board members in attendance were: Eugene M. Hooker. President Edsel Barnhart Ora Belle McColman Joyce Mattlewn Jeannette Bryant Dorothy Maxey Davis Daxey Mrrtle Robertson Julia Ballentine Virginia Binder Helen Prillaman Irene Ames If you have any questions about this meeting, please let me know. file: Tinker Creek School Williamson Road Action Forum WILLIAMSON ROAD ACTION FORUM June 30~ lq88 ISSUE: PROPOSED DEMOLITION OF TINKER CREEK SCHOOL Three years ago, Andree Tremoulet in cooperation with the Williamson Road Action Forum, developed a proposal to refurbish the Tinker Creek School. Part of the proposal was to find a suitable tenant to lease the building and assume responsibility for the upkeep and maintenance of the building. In exchange the City of Roanoke was willing to invest funds to recondition the building. The available funds were primarily designated for: a new roof repair or replace the windows up grade the heating system paint the exterior The new tenant would be responsible for the interior repairs and modifications as well as the ongoing maintenance of the building. A number of potential tenant were shown the building and every effort has been made to secure a suitable tenant. The neighbors to the Tinker Creek School were assured that any future use of the building would be compatible with their neighborhood. The neighbors did not want a tenant that would have a high volume of traffic or that would use the building late in the evening. The current situation is that: - no suitable tenant has been found for the building - the building has continued to deteriorate and is an eyesore to the neighborhood - the city does not have a current or proposed future use for the building - the city is proposing to demolish the building. A year and a hall' ago, when it appeared that no suitable tenant would be found for the Tinker Creek School the City reprogrammed the funds available for the renovation of the building with the understanding that il' a suitable tenant was found, that funds would be reallocated to the project, At this time the building is an eyesore and poses a fire hazard to the neighbors, Unless, the Williamson Road Action Forum has a proposed future use for the building or knows of someone or group that would be a suitable tenant for the building, the City Manager would like your approval to demolish the building. Office of the City Clerk July 27, 1988 File #178-200 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29227, authorizing execution of an agreement among the City of Roanoke, the Gainsboro Project Area Committee, Inc., and the Gainsboro Neighborhood Development Corporation pertaining to implementation of certain Action Projects within the Gainsboro area for the period commencing July 1, 1988, and ending December 31, 1988, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely,~.,,~ ~t~ ~. Mary F. Parker, CMC City Clerk MFP: ra Enco pc: Mr. George Heller, Gainsboro Project Area Committee, 304 Fairfax Avenue, N. W., aoanoke, Virginia 24016 Mr. Michael Oowe, President, Gainsboro Neighborhood Development Corporation, 2912 Embassy Drive, N. W., Roanoke, Virginia 24019 Mr. Percy T. Keeling, Executive Director, PAC/GNDC, c/o YMCA, 108 Orange Avenue, N. W., Roanoke, Virginia 24016 Mr. Witburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning lis. Jinni Benson, Neighborhood Partnership Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 (D~urch Ave,que, S.W. Roonoke, VirgJnia 240t t (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29227. AN ORDINANCE authorizing the execution of an agreement among the City of Roanoke, the Gainsboro Project Area Committee, Inc., and the Gainsboro Neighborhood Development Corporation pertaining to the plementation of certain Action Projects within the Gainsboro area for the period commencing July 1, 1988, and ending December 31, 1988; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are authorized and directed, respectively, to execute and to seal and attest an agreement among the City of Roanoke, the Gains- boro Project Area Committee, Inc., and the Oainsboro Neighborhood Development Corporation pertaining to the implementation of certain Action Projects within the Oainsboro area during the period commenc- ing July 1, 1988, and ending December 31, 1988, such agreement to con- tain such terms and conditions as are set out and described in a re- port of the City Manager to Council dated July 25, 1988; such agree- ment to be in such form as may be approved 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 ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office July 27, 1988 File #60-175-236-200 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. $chlanger: I am attaching copy of Ordinance No. 29226, amending and reor- daining certain sections of the 1988-89 Grant Fund Appropriations, providing for the transfer of Community Development ~lock Grant funds to appropriate administrative accounts, in connection with implementation of certain revitali- zation activities in the Gainsbaro neighborhood, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincere ly, ~4ary F. Parker, CMC City Clerk MFP: ra pc: Mr. George ~eller, Gainsboro Project Area Committee, 304 Fairfax Avenue, N. W., Roanoke, Virginia 24016 ~r. Michael Oowe, President, Gainsboro Neighborhood Development Corporation, 2912 Embassy Drive, N. W., Roanoke, Virginia 24019 Mr. Percy T. Keeling, Executive Director, PAC/GNDC, c/o Y~CA, 108 Orange Avenue, N. W., Roanoke, Virginia 24016 Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director of Public Works Mr. John R. Marlles, Chief of Community Planning Ms. Jinni Benson, Neighborhood Partnership Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator Room 456 Municipal Building 215 Chu,"ch A~nue. S.W. Roa~, Virg,ni~ 2401 t (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29226. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, read as follows, in part: to Appropriations Community Development Block Grant (1986-87) Gainsboro (1-3) ................................... Community Development Block Grant (1987-88) Gainsboro (4-5) .................................,~ 1) Vacant Lot Homesteading 2 Condemnation/ Demolition 3 Action Projects 1 and 2 4 Rehab. Grants 5 Action Projects 1 and 2 (035-086-8605-5063) $( 2,350) (035-086-8605-5068) ( 6,506) (035-086-8605-5051) 8,856 (035-087-8705-5066) (10,104) (035-087-8705-5051) 10,104 $2,418,464 198,787 3,261,333 212,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. Attest: City Clerk. Roanoke, Virginia July 25, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: fo~i FY Contract for Services with the Gainsboro Projeet Area Committee, Inc. (PAC) and Gainsboro Neighborhood Development Corporation (GNDC) 1988-89 (terminating December 31, 1988) Background: City Council, by Ordinance No. 25684 adopted July 27, 1981, recognized, approved and supported the Comprehensive Revitalization Plan for Gainsboro neighborhood. City Manager entered into a contract, dated September 3, 1981, with Gainsboro Project Area Committee (PAC) and Gainsboro Neighborhood Development Corporation (GNDC) whereby the corporations agreed to implement the Plan. City Council has authorized annual contracts since 1981 with PAC and GNDC for the continued implementation of certain Action Projects. II. Current Situation: A. Agreement of July 1, 1987 expired June 30, 1988. Unfinished and continuing activities remain to be carried out in the Gainsboro neighborhood. Council approved FY 1988-1989 CDBG Statement of Objectives including $18,960 in administrative funds for Gainsboro PAC and GNDC. Administrative Agreement among the City, Gainsboro PAC and GNDC is necessary before the PAC/GNDC can perform and receive payment for administrative activities. III. Issues: Impact on Community Development of City Funding Timing IV. Alternatives: Authorize the City Manager to execute the attached Agreement with the Gainsboro PAC/GNDC for continued implementation of revitalization activities in the Gainsboro neighborhood. Authorize Director of Finance to transfer CDBG funds to appropriate administrative accounts. Impact on community development of City would be positive, continuing programs which Council has endorsed in the past. Funding is available in the following Gainsboro CDBG accounts: 035-086-8605-5063 035-086-8605-5068 035-087-8705-5066 TOTAL Vacant Lot Homestead $ 2,350 Condemnation/Demo $ 6,506 Rehab Grants $ 10,104 $ 18,960 No other City funds will be expended. These are funds remaining from previous years' allocation to Gainsboro projects. No other city projects will be affected by the use of these funds. Timing is important since previous contract has already expired. Do not authorize the execution of the attached Agreement with the Gainsboro PAC/GNDC for continued implementation of revitalization activities in the Gainsboro neighborhood. Impact on community development of City could be negative if programs are delayed or cancelled. 2. Funding would not be an issue. Timing would delay the implementation of many program activities. 2 V. Recommendations: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Agreement with the Gainsboro PAC/GNDC for the implementation of certain revitalization activities; and authorize Director of Finance to transfer CDBG funds to the following CDBG accounts: 035-086-8605-5051 035-087-8705-5051 8,856 10,104 Respectfully submitted, W. Robert Herbert City Manager WRH:MTP Attachment CC. Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Community Planning Grants Monitoring Administrator Neighborhood Partnership Coordinator Chairman, Gainsboro Project Area Committee President, Gainsboro Neighborhood Development Corporation Executive Director, PAC/GNDC AGREEMENT THIS AGREEMENT is made and entered into this __ day of , 1988, by and between the CITY OF ROANOKE, VIRGINIA, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as the Grantee, and GAINSBORO PROJECT AREA COMMITTEE, INC. (PAC), and the GAINSBORO NEIGHBORHOOD DEVELOPMENT CORPORATION (GNDC), nonstock corporations, created and existing under the laws of the Commonwealth of Virginia, hereinafter jointly referred to as the Subgrantees. WI TNES SETH : WHEREAS, by Ordinance No. 25684, adopted July 27, 1981, the Roanoke City Council recognized, approved and supported the Comprehensive Revitalization Plan for Gainsboro (hereinafter referred to as the Plan), dated June 25, 1981, including the nineteen Action Projects set out therein; and WHEREAS, by Ordinance No 25685, adopted July 27, 1981, the Roanoke City Council authorized the City Manager to enter into a contract between the City and the Gainsboro Project Area Committee, Inc., whereby the corporation agreed to implement the Plan, including its nineteen Action Projects, utilizing Fiscal Year 1981-1982 Community Development Block Grant (CDBG) funds, and such contract was entered into on September 3, 1981 and subsequent contract utilizing subsequent years' CDBG funding have been entered into annually for continued implementation of Action -1- Projects; and WHEREAS, by Ordinance No. 26684, adopted September 12, 1983, City Council approved Amendment No. 2 to the Conservation and Redevelopment Plan for Gainsboro; and WHEREAS, City Council has by Ordinance No. , adopted 1988, authorized the City Manager to execute a new contract with the Gainsboro Project Area Committee, Inc., and the Gainsboro Neighborhood Development Corporation to permit Subgrantees to continue to implement certain of the Action Projects of the Plan and to plan and provide neighborhood coordination for certain other Action Projects of the plan in compliance with CDBG regulations and utilizing funds appropriated by Council. THEREFORE, the parties hereto mutually agree as follows: 1. Scope of Services. The Subgrantees shall assist the City of Roanoke and the Roanoke Redevelopment and Housing Authority to plan and/or implement revitalization activities in conformance with the Gainsboro Comprehensive Revitalization Plan. Said programs, projects, and events are generally defined in Attachment 6 to this Agreement. 2. Program Target Area. The Subgrantees' programs, projects, and events are intended to enhance the community development of the Gainsboro neighborhood. 3. Responsibilities and Time of Performance. During the contract period, which runs from July 1, 1988, through December 31, 1988, and beginning as soon as practical after the execution -2- of this Agreement, the Subgrantees shall coordinate, manage and implement the Scope of Services detailed in Attachment A. Each of the Action Projects shall be implemented in conformance with the Comprehensive Revitalization Plan, unless otherwise permitted by the terms and conditions of this Agreement, and in conformance with all applicable CDBG regulations. No later than 60 days from the date of execution of this agreement, the Grantee and subgrantee will determine disposition procedures for all CDBG-purchased personal and real property and prepare a written plan implementing the same. Such disposition will be handled in accordance with OMB Circular A-102 or its successor. 4. Required Submissions. Prior to further implementation of any of the Action Projects identified in the Plan, (with the exception of Action Projects 1 and 2) or incurring any cost or charge in connection with the implementation of any such project, the Subgrantees, in consultation with the Gainsboro Coordination Committee, shall provide the City Manager with the following: A detailed work plan setting out the scope of activities to be undertaken with regard to implementing each of these Action Projects, which shall include: 1. A comprehensive activity timetable showing the sequence of activities to be undertaken, particularly identifying those activities which are critical to the project. 2. An activity coordination plan allocating functions and responsibilities for the administration, management, and implementation of the Action Projects by and between the Grantee, Subgrantees, the City of Roanoke Redevelopment and Housing Authority, third-party contractors, and others as -3- required. 3. A detailed financial plan and budget based on the funds committed by this Agreement, and funds available from sources other than the Grantee; all projected expenditures must comply with Federal regulations pertaining to the use of CDBG funds. Subgrantee shall submit time sheets at the end of each month. Time sheets will reflect amount of staff time spent implementing each action project including Action Project 1 & 2. The Grantee's City Manager shall review the submissions made in accordance with this Paragraph to determine their conformance with the Plan, the terms and conditions of this Agreement, and CDBG regulations, and shall respond to the Subgrantees, either approving, approving subject to modifications, or disapproving, in writing, such requests within fourteen (14) calendar days of their submission to the Grantee. The Subgrantees shall not implement or incur any cost or charge in connection with the implementation of each such project until such approval has been obtained. A copy of each such submission, once approved in writing by the Grantee, shall be filed with a copy of the Grantee's written approval, along with the original of this Agreement, in the Office of the City Clerk, and the City's Director of Finance shall be provided with a copy. If, during the term of this Agreement, the Subgrantees wish to amend any submission which has already been approved, such amendment shall be approved and copies filed in the same manner as an original submission. The Grantee reserves the right to refuse funding if -4- Subgrantees fail to comply with the procedures outlined in this Agreement or Federal regulations associated with CDBG programs. 5. General Administration and Compensation. CDBG compensation for administrative costs for the period covered by this Agreement is in an amount not to exceed $18,960, as approved and appropriated by Roanoke City Council. Compensation to the Subgrantees shall be based upon the budget shown as Attachment B to this Agreement. The Subgrantees shall continue to employ an Administrator and maintain and staff an office for the PAC and GNDC in accordance with the budget detailed in Attachment B. The Subgrantees shall charge expenses clearly relating to the implementation of activities not identified in Attachment B of this Agreement, including the costs of personnel, material, supplies and third-party contractors, directly to the applicable Action Project and not to the Subgrantees' general program administration. 6. Disbursement Procedures. If the Subgrantees require cash advances, they shall file the necessary papers with the City Manager twelve (12) working days prior to the date that actual disbursement is necessary. Cash advances for general administration shall be reasonably estimated; excess advances will not be permitted. Cash advances for general administration will be recorded as Accounts Receivable due from the Subgrantees. The Subgrantees shall submit a monthly report by the fifth working day of each month to the Director of Finance indicating the actual -5- expenditures incurred against all cash advances not previously reported to the Director of Finance. Expenditures reported will be deducted from the Accounts Receivable balance due from the Subgrantees. Monthly financial status reports issued by the Director of Finance to the Subgrantees shall be reviewed by the Subgrantees and any discrepancies reported in writing within ten (10) working days of receipt of said report. Upon the expiration of this Agreement, the Subgrantees shall pay all final liabilities for expenses incurred in accordance with the Agreement. All unexpended CDBG funds shall be returned by the Subgrantees to the Grantee. 7. Program Income. Program income from any and all sources shall be submitted to the City within five (5) days of its receipt by the PAC/GNDC, the only permissible exception being the holding of a $500.00 rental property maintenance fund derived from rental property income. 8. Insurance. The Subgrantees shall purchase, pay for and maintain at all times during the life of the contract such insurance as set forth below, or as will protect Subgrantees and Grantee from such claims which may arise out of or result from the Subgrantees' operations under the contract, whether such operations be by Subgrantees or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable: -6- ae de Insurance law or as Claims under Worker's Compensation and other similar employee benefit acts; Claims for damages because of bodily injury, sickness or disease, or death of any person other than subgrantees' employees; Claims for damages because of bodily injury, occupational sickness or disease; or death of Subgrantees' employees; Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any property. coverage shall not be less than that required by follows, whichever is greater: Se Worker's Compensation: State-Statutory; Federal-Statutory; Employer Liability Public Liability per occurrence Bodily and Personal Injury Property Damage per occurrence $ 100,000 $1,000,000 $1,000,000 $ 50,00O Subgrantee shall purchase, pay for and maintain insurance against the perils of fire, windstorm, vandalism upon property managed by PAC/GNDC to the full insurable value. 9. Annual audit and monitoring. The Subgrantees shall provide for an independent audit of all CDBG expenditures covered by the Agreement. Services of the independent auditor shall be acquired in accordance with the procurement procedures of OMB Circular A- 102, Attachment O, or its successor. Copies of said audit report shall be furnished to the Grantee's City Manager and Director of Finance within thirty (30) days of completion of the audit and not later than 90 days of termination of this agreement, whichever comes first. -7- 10. Technical assistance. The Grantee shall, to the extent of its resources, provide technical assistance and in-kind support of specific tasks relating to the implementation of the Action Projects as defined and approved in the Subgrantees' Action Project work plans. 11. Records and inspections. Subgrantees shall maintain full and accurate records with respect to all matters covered under this Agreement. The Grantee shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, minutes, and activities. Such records shall be maintained for three (3) years after completion of the Action Projects. 12. Accomplishment of services. The Subgrantees shall commence, carry on, and complete their obligations under this Agreement with all practicable dispatch, in a sound economical and efficient manner, and in accordance with the provisions thereof and all applicable laws. In completing their obligations, the Subgrantees shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. 13. Ownership of documents and audio-visual productions. Ail documents, as well as audio-visual materials produced as a part of -8- this Agreement, shall become the joint property of the Grantee and Subgrantees. The Subgrantees shall provide the Grantee with copies of all such documents and audio-visual materials. The documents and audio-visual materials may be utilized by the Subgrantees to solicit program participation, solicit program funding sources, and/or solicit program recognition. 14. Personnel. The Subgrantees represent that they will secure all personnel required in performing the services under this Agreement. All personnel engaged in the work shall be fully qualified to perform such services. 15. Third-party contracts~ Grantee not obligated to third parties. The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantees and any third party contract utilizing funds committed by this Agreement must have the prior written approval of the City Manager, must be approved as to form by the City Attorney, and be certified as to funds by the Director of Finance prior to execution. 16. Indemnity provision. The Subgrantees agree to indemnify and hold harmless the Grantee, its officers, agents, and employees, from any and all claims, legal actions and judgments advanced against the Grantee and for expenses the Grantee may incur in this regard, arising out of the Subgrantee's intentional acts and negligent acts or omissions with respect to the rights or privileges granted by the Grantee to the Subgrantees in this -9- Agreement. 17. Special terms and conditions. The Subgrantees agree to abide by the HUD conditions for CDBG programs as set forth in Attachment ~ as if they were the Grantee referenced therein, unless such conditions are clearly inappropriate for the performance of particular obligations under this Agreement. 18. Termination of agreement for cause. If any party to this Agreement shall fail to fulfill in a timely and proper manner its obligations under this Agreement, any other party shall thereupon have the right to terminate this Agreement by giving thirty (30) calendar days written notice of such termination. In the event of termination, payment shall be made to the Subgrantees based on the percentage of work completed. 19. Completeness of agreement. This Agreement and any additional or supplementary document or documents incorporated herein by specific reference contain all of the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this Agreement or any part thereof shall have any validity or bind any of the parties hereto. 20. Amendments. The Grantee, from time to time, may require changes in the obligations of the Subgrantees hereunder, or its City Council may appropriate further funds for the implementation -10- of certain Action Projects. In such event or events, such changes which are mutually agreed upon by and between the Subgrantees and Grantee shall be incorporated in written amendment to this Agreement. 21. Conflict of Interest. No employee, agent, consultant, officer, or appointed official of the Subgrantees, who is in a position to participate in a decision-making process or gain inside information with regard to CDBG activities, may obtain a personal or financial interest or benefit from the activities, or have an interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one year thereafter. 22. Governing Law. This agreement shall be governed by laws of the Commonwealth of Virginia. -11- IN WITNESS WHEREOF, the Grantee and the Subgrantees have executed this Agreement as of the date first written above. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager ATTEST: GAINSBORO PROJECT AREA COMMITTEE,INC Witness PAC Chairman ATTEST: GAINSBORO NEIGHBORHOOD DEVELOPMENT CORPORATION Witness GNDC President -12- Attachment A SCOPE OF SERVICES The Gainsboro Project Area Committee (PAC) and Gainsboro Neighborhood Development Corporation (GNDC) propose to implement the following Scope of Services with regard to its contract with the City of Roanoke for Fiscal Year 1988-1989: To carry out the general administrative functions of the PAC/GNDC during the duration of the FY 1988-1989 contract. To assist the City of Roanoke and the Roanoke Redevelopment and Housing Authority to plan and/or implement revitalization activities in conformance with the Gainsboro Comprehensive Revitalization Plan. To continue the management of rental properties currently owned by the GNDC. De To continue to provide certain services to residents of the project area, such as coordinating individual needs with existing programs, rehabilitation, etc. that are administered by the City or the Housing Authority. To continue the maintenance of a system of financial management and record keeping of CDBG funds and other related income. Attachment B PAC/GNDC Administrative Budget July 1, 1988 through December 31, 1988 Salaries: Administrator Administrative Secretary Benefits: FICA State Unemployment Federal Unemployment Insurance (Administrator) Insurance (Secretary) Telephone Electric Gas Water Supplies Janitorial Final Audit Contingency $ 7,996.23 $ 5,053.86 $ 13,050.09 $ 980.06 234.00 97.00 751.00 411.00 $ 2,473.06 $ 785.00 230.00 50.00 30.00 $ 100.00 200.00 $ 2,000.00 $ 41.85 TOTAL $ 18,960.00 At tackment ~ U. S. Department of Housing and Urban Development GR~T NSREEHENT Co~.unity Development Block Grant Program Upon execution of the Acceptance Provisions of this Grant Agreement, the Depart- ment of Housing and Urban Development ("HUD") agrees to provide to the Grantee the Federal assistance under Title I of the Housing and Comunity Development Act of 1974 (P.L. 93-383) authorized by the Funding Approval identified therein, subject to the terms and conditions of this Grant Agreement, applicable law, regulations and all other requirements of HUD now or hereafter in effect. The Grant Agreement is effective with respect to such assistance as of the date the acceptance is executed and consists of each Funding Approval and acceptance hereto attached, together including any Assurances, made with respect thereto, with the HUD-approved Application specified therein, certifications, maps, schedules or other submissions the HUD Community Development 8lock Grant ~egulations at 24 CFR Part 570 and the Following General Terms and Conditions: Oefinitions: Except to the extent ~ooified or supplemented by the Grant Agreement, any term define¢ in Title [ of the Housing and Community ~evelop- · ent Act of [974 or the HUD Community gevelopment ~lock Grant ~egulations ~t 24 CF~ ~art 570 shall nave the same ~eaning ~hen Jse~ herein. A. Agreement means this Grant Agreement as described above and any ments or supplements thereto. 8. Applicant ~eans the entity designated as such in the Funding Approval. Ce Grantee ~eans each entity ~esignated as a recipient for grant or loan guarantee assistance in the Funding Approval and signing the acceptance provisions as Grantee Jn~er Cne Jgreement. Assurances, when capitalized, mean the certifications and aSSurances submitted with grant applications pursuant to the requirements of 24 CFR Part 570. E. Assistance provided under this Agreement means the grants and any loans secured by loan guarantees provided under this Agreement. Program means the Community Development program, project or other activ- ities, including the administration thereof, with respect to which assistance is being provided under this Agreement. "Section 3" Compliance in the Provision of Trainin~ Employment and 8usines,. Opportunities: This Agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968 (12 USC 1701u), as amended, the HUD regulations issued pursuant thereto at 24 CFR Part 135, and any applicable rules and orders of HUD issued thereunder prior to the HUD authorization of the Funding Approval. The Grantee shall cause or require to be inserted in full in all contracts and subcontracts for work financed in whole or in part with assistance pro- vided unqer this Agreement, the Section 3 clause set forth in 2¢ CFR 135.20 (b). The Gran:ee shall provide such copies of 24 CFR Part i35 as may be necessary for the information of parties to contracts required to contain the Section 3 clause. 3. Eaual Emoloyrnent Sooortunity: A. Activities and contracts not subject to Executive order 11246, amended: ~n carrying out the Program, the Grantee shall not discrimin- -2- ate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Grantee shall take affirm- ative action to insure that applicants for employment are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall in- clude, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Grantee shall post in con- spicuous places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this nondiscrimination clause. The Grantee shall state that all quali- fied applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The Grantee shall incorporate the foregoing requirements of this paragraph 4A in all of its contracts for Program Work, except contracts governed by paragraph 8 of this section, and ~ill require all of its contractors for such work to incorporate suc~ requirements in all subcontracts for Program work. ~ontrac~s subject to Executive order 11246, as amenOen: Such contracts shall be subject to HUD Equal Employment Omportunity regulations at 24 CFR ?art 130 applicaPle to HUD-assisted construction contracts. The Grantee shall cause or require to be inserted in full in any non- exempt contract anO subcontract for construction work, or modification thereof as qefined in said regulations, which is paid for in whole or in part with assistance provided under this Agreement, opportunity clause: "During the performance of this tractor agrees as follows: the following equal contract, the CCh- -3- The contractor will not discriminate against any employee or appli- cant for employment because of race, color, religion, sex or national origin. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and section for training, including apprenticeship. The contractor agrees to post in conspic- uous places available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment with- out regard to race, color, religion, sex or national origin. The contractor will send to each labor union or representative of workers with which he nas a collective bargaining agreement or ot~er contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' repre- sentatives of the contractor's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and rele- vant orders of the Secretary of Labor. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regu- lations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. In the event of the contractor's noncompliance with the nondiscrim- ination clauses of this contract or with any of such rules, regula- tions or orders, this contract may be canceled, terminated or sus- pended in whole or in part, and the contractor may be declared ineligible for further Government contracts or Federally-assisted construction contract procedures authorized in Executive order 11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise provided by law. The contractor will include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforc- lng such provisions, including sanctions for noncompliance; pro- vided, however, that in the event a contract becomes involved in or is threatened ~ith litigation with a subcontractor or vendor as a result of such oirection by the Department, the contractor may request the ~nited States to enter into such litigation to protect the interest of the United States." The Grantee further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally-assisted construction work; provided, that if the Grantee so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrOment- ality or subdivision of such government which does not participate in work on or under the contract. The Grantee agrees that it will assist and cooperate actively with the Department and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Department and the Secretary of Labor such compliance; and that it will otherwise assist the Department in the discharge of its primary responsibility for secur- ing compliance. The Grantee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor deDarred from, or who ~as not demonstrated eligibility for, Government contracts and Federally- assisted construction contracts pursuant to the Executive Order anO will carry out such sanctions and penalties for violation of the equal oppor- tunity clause as may be imposed upon contractors and subcontractors by the Department or the Secretary of Labor pursuant to Part II, Subpart D, of the Executive Order. in addition, the Grantee agrees that if it fails or refuses to comply with t~ese undertakings, the Department may take any or all of the following actions: cancel, terminate or suspend in whole or in part the grant or loan guarantee; refrain from extending any further assistance to the Grantee under the Program with respect to -6- which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Grantee; and refer the cause to the Department of Justice for appropriate legal proceedings. Federal Labor Standards Provisions: Except with respect to the rehabilita- tion of residential property designed for residential use for fewer than eight families, the Grantee and all contractors engaged under contracts in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu- tion, completion or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, governing the payment of wages and the ratio of apprentices and trainees to journeymen; provided that if wage rates higher than those required under such regulations are imposed by State or local law, nothing hereunder is intended to relieve the Grantee of its obligation, if any, to require payment of the higher rates. The Grantee shall cause or require to be inserted in full in all such contracts subject to such regulations, provi- the requirements of 29 CFR 5.5. sions meeting No award of the contracts covered under this section of the Agreement small be made to any contractor who is at the time ineligiDle under t~e provisions of any applicable regulations of the Department of Labor to receive an award of such contract. Nondiscrimination 'Jnder Title VI of the Civil Ri!hts Act of I964: This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including the regulations under 24 CFR Part 1. In the sale, lease or other transfer -7- of land acquired, cleared or improved with assistance provided under this Agreement, the Grantee shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination upon the basis of race, color, religion, sex or national ori- gin, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon, and providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenant. The Grantee, in undertaking its obligation in carrying out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant and will not itself so discriminate. Obligations of Grantee with Respect to Certain ThirU-Part~ Relationships: The Grantee shall remain fully obligated under the provisions of the Agreement, notwithstanding its designation of any third party or parties for the undertaking of all or any part of the program with respect to which assistance is being provided under this Agreement to the Grantee. Any Grantee which is not the Applicant shall comply with all lawful requirements of the Applicant necessary to insure that the orogram, with respect to which assistance is being provided under this Agreement to the Grantee, is carried out in accordance with the Applicant's Assurances and certifications, including those with respect to the assumption of environmental responsi- bilities of the Applicant under Section I04(h) of the Housing and Community Development Act of 1974. Interest of Certain Federal Officials: No memDer of or delegate to Congress of the 'Jnited States, and no Resident Commissioner, shall be admitted to any share or part of this Agreement or to any benefit to arise from the same. -8- Interest of Members~ Officers or Employees Government Body, or Other Public Officials: of the Grantee, or its designees or agents, of Grantee, Members of Local No member, officer or employee no member of the governing body of the locality in which the program is situated, and no other public offi- cial of such locality or localities who exercises any functions or responsi- bilities with respect to the program during his tenure, or for one (1) year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Agreement. The Grantee shall incor- porate, or cause to Pe incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of this sec- tion. Prohibition Against ~a~ments of Bonus or Commission: The assistance pro- vided under this Agreement shall not be used in the payment of any bonus or commission for the purpose of obtaining HUD approval of the application for such assistance, or HUD approval or applications for additional assistance, or any other a~proval or concurrence of HUD reouired under this Agreement, Title ~ of the Housing and Community Development Act of 1974, or HUD regula- tions ~ith respect t~ereto; provided, however, that reasonable fees or bona fide tecnnical, consultant, managerial or other SuCh services, other than actual solicitation, are not hereby prohibited if otherwise eligible as program costs. 10. "Section 109": this agreement is subject to the requirements of Section i09 of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No person in the United States shall on the ground of race, color, religion, sex or national origin be excluded from participation in, De denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds available under this title. 11. Access to Records and Site of Emplo,vment: This Agreement is subject to the requirements of EO I1246, £0 1375, Civil Rights Act of 1964, as amended. The Subgrantee shall permit access during normal business hours tO its pre- mises for the purpose of conducting on-site compliance reviews and inspect- ing and copying such books, records, accounts, and other material as may be relevant to the matter under investigation and pertinent to comDliance with the Order, and the rules and regulations promulgated pursuant thereto by the Grantee. Information obtained in this manner shall be used only in connec- tion with the administration of the Order, the administration of the Civil Rights Act of 1964 (as amended) and in furtherance of the purpose of the Order and that Act. -10- Of~ce of the City Cler~ July 27, 1988 File #468B Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. ltert)ert: I am attaching copy of Ordinance No. 29229, authorizing execution of a contract with Hayes, Seay, Mattern & Mattern, Inc., to pro- vide engineering services to replace the Falling Creek Filter Plant and Valve Tower, in an amount not to exceed $142,901.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, p~.~.~ Mary F. Parker, CMC City Clerk MFP: ra Enco Mr. Mr. Mr. ~4r . Mr. Mr. Ms. Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Kit D. Kiser, Director of Utilities and Operations M. Craig Sluss, Manager, Water Production William F. Clark, Director of Public Works Charles hl. auffine, City Engineer Sarah E. Fitton, Construction Cost Technician Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, V~rg~nia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29229. AN ORDINANCE authorizing the execution of a contract with Hayes, Seay, Mattern & Mattern, Inc., to provide engineering ser- vices to replace the Falling Creek Filter Plant and valve tower; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Hayes, Seay, Mattern & Mattern, Inc., for the provision by such firm of engineering services to replace the Falling Creek Filter Plant and valve tower, as more particularly set forth in the July 25, 1988, report of the City Manager to this Council. 2. The contract authorized by this ordinance shall not exceed the sum of $142,901.00. 3. The form of the contract with such firm shall be approved by the City Attorney. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of t~e City C']e~ July 27, 1988 File #60-468B Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. SchIanger: I am attaching copy of Ordinance No. 29228, amending and reor- daining certain sections of the 1988-89 Water Fund Appropriations, providing for the appropriation of funds in con- nection with a contract with Hayes, Seay, Mattern & Mattern, Inc., to provide engineering services to replace the Failing Creek Filter Plant and valve tower, for a sum not to exceed $142,901.00, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enco pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Roorn456 MunicipalBullding 215C]qurchAve~ue, S.W. Roanoke, Virglnia24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29228. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Water Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Capital Outlay From Revenue Falling Creek Plans & Specs. Retained Earnings Retained Earnings - Unrestricted (2) ................ 1) Appr. from Gen. Revenue (002-056-8325-9003) $ 142,901 2) Retained Earnings - Unrestricted (002-3336) (142,901) $ 4,735,734 196,901 $14,163,745 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk Honorable Mayor and City Council Roanoke, Virginia Roanoke, Virginia July 25, 1988 Dear Members of Council: Subject: Award Engineering Design Contract Falling Creek Filter Plant I. Background: mo Advertisement of Public Notice to seek engineering services to replace the Falling Creek Filter Plant and the Valve Tower was placed in the local paper on April 4, 1988. B. Four (4) engineering firms responded to the request for ser- vices, they were: Hayes, Seay, Mattern & Mattern, Inc. Mattern and Craig Olver Clean Water Engineers II. All four firms were invited for interviews and all flour responded. C. Hayes, Seay, Mattern & Mattern, Inc. was selected as the best qualified engineering firm for this particular project. Do Project consists of the design of a 1.9+ million gallon per day filter plant that will comply with the existing regula- tions of the State Health Department and the State Water Control Board. The new filter plant will replace the existing process equipment and facilities and it should fit within the existing filter plant building. Modifications will be made to the building to provide office and laboratory space, toilet facilities and a new heating system. The existing valve tower in Falling Creek Dam is to be rede- signed and moved close enough to the dam face to permit a bridge connection rather than access by boat. A. Qualification of firm B. Timing of award C. Reasonableness of fee D. Availability of funds Page 2 III. Alternatives: Award an engineering contract to Hayes, Seay, Mattern & Mattern, Inc. for design development, construction documents, bidding and construction inspection of the 1.9+ million gallon per day filter plant and related work, redesign valve tower as required. The following lump sum fee has been nego- tiated for this project: Basic Services (10.3%) Additional Services Reimbursable Expenses $132,701.00 8,000.00 2,200.00 TOTAL $142,901.00 * Estimated cost of project is $1,300,000.00 Expenditures of these fees will be administratively approved. 1. Qualification of firm was verified during the proposal review and interviews for this project. Timin~ of award is such that the City of Roanoke will be able to meet the time requiremetns of the State Health Department of 1989. Reasonableness of fee has been established by negotiation for the past six weeks as to scope and size of project. 4. Availability of funding for this project exists in the following accounts: Falling Creek Plans & Specifications (Account No. 002-056-8325-9060) $ 54,000.00 Water Fund Retained Earnings 88,901.00 Total Project Amount $142,901.00 B. Do not award a contract at this time. 1. Qualification of firm will still have to be established, prior to award of any engineering contract. Timin8 of award would be delayed which might jeopardize the 1989 date for updating or replacing the filter plant as established by the State Health Department. Page 3 WRH/LBC/mm cc: 3. Reasonableness of fee would have to be established for any engineering firm selected in the future. 4. Availability of funding would remain unobligated at this time. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative "A". Bo Authorize the City Manager to execute an engineering services contract, in a form acceptable to the City Attorney, with Hayes, Seay, Mattern & Mattern, Inc. for design development, construction documents, bidding supervision and construction inspection of the 1.9+ million gallon per day filter plant and redesign of the valve tower as required for a fee as follows: Basic Services Additional Services Reimbursable Expenses $132,701.00 8,000.00 * 2~200.00 * TOTAL $142,901.00 * Expenditure of these fees to be administratively approved. Appropriate $88~901.00 from the Water Fund Retained Earnings Account to the existing $54~000.00 in the Falling Creek Plans & Specifications Account No. 002-056-8325-9060 for the total project amount of $142,901.00. Respectfully submitted, W. Robert Herbert City Manager City Attorney Director of Finance Director of Utilities and Operations Director of Public Works City Engineer Manager, Water Department Construction Cost Technician Office of the Cit~ Clerk Jnly 29, 1988 File #60-72 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. SchIanger: I am attaching copy of Ordinance No. 29230, amending and reor- daining certain sections of the 1988-89 General Fund Appropriations, in connection with acceptance of supplemental funding in the amount of $173,880.00, allocated by the State Department of Social Services for purchase of certain services, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, ~ Mary F. Parker, CMC City Clerk ,~IFP: ra pc: Mr. W. Robert Herbert, City l,lanager Mr. ,lames D. Ritchie, Director of Human Resources Ms. Corinne B. Gott, Superintendent, Department Services of Social Room 456 Municll:x~l Building 215 C~urch Avenue, SW. Roonc~e, V~rg,nla 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29230. AN ORDINANCE to amend and reordain certain sections of the 1988-89 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 General Fund Appropriations, be, and the same are hereby, amended and reordained, to read as follows, in part: Ar~ations Health and Welfare $11,232,120 Social Services - Services (1-2) ............. 3,946,996 Non-Departmental .... 11,196,357 Contingency - General Fund (3) ................... 795,753 Revenue Ordinance shall be Grants-in-Aid Commonwealth Welfare (4) ...................................... 1) Purchased Srvcs. (001-054-5314-3160) $ 173,880 2) Local Cash Match (001-054-5314-3135) ( 1,644) 3) Contingency (001-002-9410-2199) (16,344) 4) Purchased Srvcs. (001-020-1234-0683) 155,892 BEIT FURTHER ORDAINED that, an emergency existing, in effect from its passage. $49,213,883 6,971,472 this ATTEST: City Clerk. July 25, 1988 Honorable Mayor Noel C. Taylor and Members of City Council Roanoke, Virginia Members of Council: SUBJECT: SUPPLEMENTAL FUNDING ALLOCATED BY THE STATE DEPARlllENT OF SOCIAL SERVICES I. BACKGROUND The State Department of Social Services has, since the adoption of the FY 88-89 budget, allocated supplemental funds to the local Social Services Department in the amount of $173,880 requiring $17,988 in local matching funds. B. Supplemental fundin~ is allocated on the following basis: }136~275 will be 90% reimbursed by the State with 10% being local funds. $ 21~805 will be 80% reimbursed by the State with 20% being local funds. 3. ~ 15~800 will be 100% reimbursed by the State. II. CURRENT SITUATION Supplemental fundinq is allocated for the purchase of the following services: 1. $136~275, Day Care for Children. 2. $ 21~805, In-Home Services for Adults. o $ 15~800, Independent Living for Foster Care Children. City Council is requested to transfer available local funds to match the supplemental funds allotted by the State Department of Social Services. III. ISSUES A. Services to citizens. B. Funding. 2 IV. ALTERNATIVES City Council accept the supplemental allocation to the Department of Social Services for purchase of services. Services to citizens. Additional services can be provided as follows: a) Day care for children. Will be able to assist additional families who meet their basic needs through employment but cannot meet their day care needs, b) In-home services for adults. Homemaker and Companion Services will be purchased for additional individuals to allow them to stay in their own homes. c) Independent living for foster care children. Will be able to assist eligible children 16 years and older in making the transition from foster care to independent living. Funding is available in the General Fund contingency account, #001-002-9410-2199. City Council not accept the supplemental allocation to the Department of Social Services for purchase of services. Service to citizens, Additional citizens would not be provided with services as follows: a) Day care for children. Self-sufficiency will not be achieved by certain low-income families eligible for supplemental day care funds. b) In-home services for adults. Additional Homemaker and Companion Services could not be purchased. 2. Funding. Not an issue. V. RECOMMENDATION City Council concur in the implementation of Alternative A and authorize the following: Transfer $17644 from Local Cash Match Account #001-054-5314-3135 and $16~344 from the General Fund Contingency Account #001-002-9410-2199 to Department of Social Services account #001-054-5314-3160, Purchase of Services. Bo Increase revenue estimate of funds received from the State Department of Social Services account #001-020-1234-0683 and corresponding increase in expenditure account #001-054-5314-3160 by $155,892. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/CBG/slw CC: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent, Dept. of Social Services Office of ~he City CJe~ July 29, 1988 File #468B-27 ~eneral Chemical Corporation P. 0. Box 395 Parsippany, New Jersey 07054-0395 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29231, accepting your bid for providing liquid alum chemicals for water and sewage treat- ment, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: ~r. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Ur. ~. Craig Sluss, Manager, Water Production Mr. Steven L. Walker, Manager, Sewage Treatment Plant Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Oarwin Roupe, Manager, General Services and Room 456 Munk:ipal Building 215 Church Avenue, S.W. Roanoke, ~rg~nia 2401 t (703) 98'1-2541 Office of the City Cle~ July 27, 1988 File #468B-27 Tennessee Chemical Company Suffolk-Gowen Chemical Co., 3400 Peachtree Road, N. E. Po 0. Box 1606 Suite 401 Suffolk, Virginia 23434 At ~anta, Georgia 30326 Alchem, Inc. Route 2, Box 521-C Red Spring, North Carolina 28377 American Cyanamid Company P. 0. Box 32787 Charlotte, North Carolina 28232 Delta Chemical Manufacturing Company 2601 Cannery Avenue Baltimore, Maryland 21226 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29231, accepting the bid of Generai Chemical Corporation for providing liquid alum chemicais for water and sewage treatment, which Ordinan~o was adopted by the Councii of the City of Roanoke at a regula~ meeting held on Monday, July 25, 1988. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described chemicals. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. Room 456 Munici~pal Building 215 Chu,"ch A'~nue, S.W. Roanoke, ~lnia 24011 (703) 98t-254t Office of the City Clerk July 27, 1988 File #468B-27 Suffolk-Gowen Chemical Company, P. O. Box 1606 Suffolk, Virginia 23434 Into Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29231, accepting your bid for providing standard ground alum chemicals for water and sewage treatment, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, ~~ Mary F. Parker, C~ City Clerk MFP: ra Enc. pc: Mr. Mr. W. Robert Herbert, City Manager Kit ~. Kiser, Director of Utilities and Operations ur. M. Craig Sluss, Manager, Water Production Mr. Steven L. Walker, Manager, Sewage Treatment Plant Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. D. Darwin Roupe, Manager, General Services and Room 456 Municipal Building 215 C~urch Avenue, S.W. Roar,~ke, Virg~n~ 24011 (703) 981-2541 Office of ~e City Cle~ July 27, 1988 File #468B-27 Southchem, Inc. General Chemical Corporation P. 0. Box 418 P. 0. Box 395 Forest, Virginia 24551-0418 Parsippany, New Jersey 07054 Alchem, Inc. Prillaman Chemical Company Route 2, aox 521-C P.O. Box 4024 Red Spring, North Carolina Martinsville, Virginia 24115 28377 Delta Chemical Manufacturing Corporation 2601 Cannery Avenue Baltimore, Maryland 21226 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29231, accepting the bid of Suffolk-Gowen Chemical Company, Inc., for providing standard ground alum chemicals for water and sewage treatment, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described chemicals. Sincerely, Mary F. Parker, C~ City Clerk MFP: ra Erie. Room 456 Munlci!c~al Building 215 C~urch Avenue, SW. Roanoke, ~i'glnia 24011 (703) 98t-2541 Office of Yne City Clerk July 27, 1988 File #468B-27 Van Waters & Rogers, Inc. P. O. Box I$805 Greensboro, North Carolina 27419 ~adies and Gentlemen: I am enclosing copy of Ordinance No. 29231, accepting your bid for providing liquid chlorine chemicals for water and sewage treatment, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc; Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Oirector of Utilities and Operations Mr. M. Craig Sluss, Manager, Water Production Mr. Steven L. Walker, Manager, Sewage Treatment Plant ~r. George C. Snead, Jr., ~irector of Administration Public Safety Mr. D. Oarwin Roupe, Manager, General Services and Room 456 Munlcil~al Building 215 (~urch Avenue, S.W. Roanot,,e, VIrg~nia 24011 (703) 981-254't Office of ~e Cit/Cler~ July 27, 1988 File #468B-27 Suffolk-Gowen Chemical Co., P. 0. Box 1606 Suffolk, Virginia 23434 Inc. Southchem, Inc. P. O. Box 418 Forest, Virginia 24551-0418 Jones Chemical Company P. O. Box 30516 Charlotte, North Carolina 28230 PB & S Chemical Company P. O. Box 498 St. Albans, West Virginia 25177 Delta Chemical Manufacturing Company 2601 Cannery Avenue Baltimore, Maryland 21226 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29231, accepting the bid of Van Waters & Rogers, Inc., for providing liquid chlorine chemi- cals for water and sewage treatment, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. On behalf of the Mayor and Members of City Council, I would tike to express appreciation for submitting your bid on the above- described chemicals. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. Room 456 Municipal Building 215 C~urch Avenue, S.W. Roanohe, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29231. AN ORDINANCE accepting certain bids made for providing chemi- cals for water and sewage treatment; rejecting other bids; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as fol- lows: 1. The following bids made to the City for providing, on a unit price basis, certain chemicals used in water and sewage treat- ment, such bids tions therefor and each being firm for one year General Chemical Corporation being in full accord with the City's specifica- bid being f.o.b, destination and such bids from July 1, 1988, PRODUCT Liquid Alum are hereby ACCEPTED: PRICE $.315171 per gallon Suffolk-Gowen Chemical Cc~pany Van Waters & Rogers, Inc. Standard Ground Alum Liquid Chlorine $214.20 per ton plus $5.00 per invoice for insurance surcharge $50.00/cwt for 150 lb. cylinders $25.00/cwt for 2000 lb. cyli~xiers 2. The City's Manager of General Services is hereby autho- rized and directed to issue the requisite purchase orders for such chemicals, such purchase orders to be made and filed in accordance with the City's specifications, the bidders' proposals made therefor and in accordance with this ordinance. 3. The other bids received for the supply of the aforesaid items are hereby REJECTED, and the City Clerk is directed to so notify each said bidder and to express to each the City's appre- ciation for such bids. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia July 25, 1988 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: BIDS FOR WATER AND SEWAGE TREAT~4ENT CHEMICALS FOR FY '88-'89 I concur in the Bid Committee's recommendation for the purchase of water and sewage treatment chemicals. Respectfully submitted, W. Robert Herbert City Manager WRH/DDR/ms cc: City Attorney Director of Finance Roanoke, Virginia July 25, 1988 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: BIDS FOR WAT~K AND SEWAGE TREATMENT CHEMICALS FOR FY 88-89 I. BACKGROUND Funds are available in FY 88-89 operating budget accounts for the Water and Sewage Departments for the purchase of the chemicals identified herein. Bid Request with specifications were sent to twenty-seven (27) firms currently listed on the City's bid list. A public advertisement was also published in the Roanoke Times and World News on May 15, 1988. Bids were received after due and proper advertisement and were publicly opened and read at 2:00 p.m., on June 3, 1988, in the Office of the Manager of General Services. The bids are to serve the annual water and sewage treatment chemical requirements for the period July 1, 1988 to June 30, 1989. II. ~ SITUATION A. Bid Tabulations of those bids received are attached. Ail bids received were evaluated in a consistent manner by representative of the following departments: General Services Water Department Sewage Treatment Plant C. Bid evaluation results are as follows: Liquid Alum - the lowest bid was submitted by General Chemical Corp., meets all required specifications. Price quoted is firm for one (1) year. Standard Ground Alum - the lowest responsible bid including insurance charge was submitted by Suffolk- Gowen Chemical Co., Inc., meets all required specifi- cations. Price quoted is firm for one (1) year. Honorable Mayor and City Council Page 2 Liquid Chlorine - the lowest responsible bid, including delivery schedule, was submitted by Van Waters & Rogers, Inc., meets all required specifications. Price quoted is firm for one (1) year. III. ISSUES A. Need B. Compliance with Specifications C. Fund Availability IV. ALTF~RATIVES Accept the lowest responsible bids for suppling to the City of Roanoke annual requirements for water and sewage treat- ment chemicals for the period July 1, 1988 to June 30, 1989, as follows: Liquid Alum - the lowest responsible bid as submitted by General Chemical Corp., in the amount of $ .315171 per gallon, price firm for one (1) year. Standard Ground Alum - the lowest responsible bid, including insurance charge, as submitted by Suffolk- Gowen Chemical Co., Inc., in the amount of $214.20 per ton plus $5.00 per invoice insurance surcharge, price firm for one (1) year. Liquid Chlorine - the lowest responsible bid, including delivery schedule, as submitted by Van Waters & Rogers, Inc., in the amount of $50.00 per cwt for 150 lb. cylinders and $25.00 per cwt for 2,000 lb. cylinders, delivery 3 days, price firm for one (1) year. Need - requested chemicals are necessary for the proper treatment of water and sewage. be Compliance with Specifications the bids recom- mended this alternative are the lowest responsible bids meeting the City of Roanoke Specifications. Fund Availability - sufficient funds are budgeted in the Water and Sewage Funds for FY '88-'89. B. Reject all bids. Need - the necessary treatment of water and sewage would not be accomplished with this alternative. Honorable Mayor and City Council Page 3 Compliance with Specifications - would not be a factor in this alternative. Fund Availability - budgeted funds would not be expended. V. RECO~ENDATION Council concur with Alternative "A" - award bids for suppling water and sewage treatment chemicals to the City of Roanoke for the period July 1, 1988 through June 30, 1989, as follows: Liquid Alum - to General Chemical Corp. for $.315171 per gallon. Standard Ground Alum - to Suffolk-Gowen Chemical Co., Inc., for $214.20 per ton plus $5.00 per invoice for insurance surcharge. Liquid Chlorine - to Van Waters & Rogers, Inc., for $50.00 per cwt for 150 lb. cylinders and $25.00 per cwt for 2,000 lb. cylinders. B. Reject all other bids. Respectfully submitted, Committee: Kit B. Kiser Cra~/~ldss D. Darwin Roupe KBK/DDR/ms cc: City Attorney Director of Finance 0 0 0 0 4-} U 0 0 ~ o 4~ ~o o 0 0 4-~ .# r~ 0 rd q~ 0 :> ~+ 0~.~ 0 ~+ o o o 0 ~.~ 0 ~+ 0 0 .~ rJ ~ I OeO ~0~ O~ ~> 0 0 Office of ~e City Clet~ July 27, 1988 File #67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. ~9233, requesting funding from the City's 1987-88 allocation of Recreational Access Funds for constr~ction of a road serving Vinyard Park, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. Elmer C. Hodge, County Administrator, County of Roanoke, P. 0. Box 29800, Roanoke, Virginia 24018-9798 Mr. Wilburn C. Dib~ing, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Kit 3. Kiser, Director of Utilities and Operations Room 456 Municipal Building 2'~5 Church Avenue, S.W. Roanoke, ¥irg~nia 24011 (703) 981-2541 Of~ceoffl~eCiWClerk July 27, 1988 Fi le #67 ~r. M. S. Hollis, Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear ~r. Holtis: ! am enclosing copy of Resolution No. 29233, requesting funding from the City's 1957~$8 allocation of Recreational Access Funds for construction of a road serving Vinyard Park, which Resolution was adopted by the Council of the City of Roanoke at a regular ~eeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. Room 456 Munlci!c:x~l Bu~',,' 215 (~urch Avenue, S.W. P,~:~noke, 'Virginia 24011 (703) 981-254t Office of the City Clerk July 27, 1988 File #67 Hr. H. Bryan Mitchell Director of Conservation and Historic Resources 221 Governor Street ~ichmond, Virginia 23219 Dear ~r. Mitchell: I am enclosing copy of Resolution No. 29233, requesting funding from the City's 1987-88 allocation of Recreational Access Funds for construction of a road serving Vinyard Park, which Resolution was adopted by the Counci! of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk 34FP: ra Enc. Room 456 Municipal Building 215 Onurch Avenue, S.W. Roonoke, Virginia 24011 (703) 98'1-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29233. A RESOLUTION requesting funding from the City's 1987-88 allo- cation of Recreational Access Funds for construction of a road serving Vinyard Park, subject to certain terms and conditions. WHEREAS, Vinyard Park, a facility which is located in the City of Roanoke, is owned and is to be developed by the County Roanoke as a recreational facility serving the residents of Roanoke County and adjoining municipalities; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the right-of-way of the proposed access is to be provided by the County of Roanoke at no cost to the City of Roanoke; and WHEREAS, the procedure governing the allocation of Recre- ational Access Funds as set forth in Section S3.1-223, Code of Virginia (1950), as amended, requires joint action by the Director of Conservation and Historic Resources and the Highway and Transportation Commission; and WHEREAS, a statement of policy agreed upon between the said Director and the Commission approves the use of such funds for the construction of areas or historical WHEREAS, Council to $15.1-486 et seq. and of access roads to publicly owned recreational sites; and has duly adopted a zoning ordinance pursuant of the Code of Virginia (1950), as amended; WHEREAS, Council is willing to recommend allocation of the necessary Recreation Access Funds from the 1987-1988 City alloca- tion provided that the City and the County of Roanoke enter into a mutually acceptable agreement to specify use of the park, duties and responsibilities with regard to the park and the road and related matters; and WHEREAS, the Board of Supervisors of Roanoke County has adopted a measure authorizing the County to enter into such agreement; and WHEREAS, it appears to Council that all requirements of the law have been met to permit the Director of Conservation and Historic Resources to designate Vinyard Park as a recreation facility or historical site and further permit the Virginia Highway and Transportation Commission to provide funds for access to this public recreation area in accordance with $33.1-223, Code of Virginia (19§0), as amended; and WHEREAS, Council acknowledges that pursuant to the provisions of $33.1-223, as amended, this road shall be designated a "Virginia Byway" and recommends that the State Highway and Transportation Commission, in cooperation with the Director of Conservation and Historic Resources, take the appropriate action to implement this designation. Further, the Council agrees that in keeping with the intent of $33.1-63, to use its good offices to reasonably protect the aesthetic or cultural value of this road. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Roanoke that: 1. The Director of Conservation and Historic Resources is hereby requested to designate Vinyard Park as a public recreation area and to recommend to the Virginia Highway and Transportation Commission that recreational access funds be allocated for an access road to serve said park, such road to be designated a "Virginia Byway"; 2. The Virginia Highway and Transportation Commission is hereby requested to allocate the necessary Recreational Access Funds to provide a suitable access road as hereinbefore described. 3. The above requests relate to the fiscal year 1987-88 allocation of funds only. ATTEST: City Clerk. Office of the City Clerk July 27, 1988 File #67 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: [ am attaching copy of Ordinance No. 29232, authorizing an agreement with the County of Roanoke to provide for construction of an access road to Vinyard Park, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. Elmer C. Hodge, County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Mr, Wilburn C. Dibiing, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Air. George C. Snead, Jr., Director of Administration and Public Safety Mr. Kit ~. Kiser, Director of Utilities and Operations Room456 MunlcipolBuilding 215~urchAve~ue, S.W. Roanc~e,~rg~nia24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of July, 1988. No. 29232. VIRGINIA, AN ORDINANCE authorizing an agreement Roanoke to provide for construction of an Park, upon certain terms and conditions; authorizing the appropriate City officials to execute the requisite contract; providing for an emergency. with the County of access road to Vinyard and BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, an agreement with the County of Roanoke to provide for construction of an access road to Vinyard Park. Such agreement shall be approved as to form by the City Attorney and shall contain terms and conditions as substantially set forth in the agreement attached 1988. 2. municipal ordinance to the City Manager's report to Council dated July 25, In order to provide government, shall be in for the usual daily operation of the an emergency is deemed to exist, and this full force and effect upon its passage. Attest: City Clerk. Roanoke, Virginia July 25, 1988 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request for Recreational Access Funds for Vinyard Park I. Back,round: Ao Vinyard Park, located in northeast Roanoke City, is owned and is to be developed by the County of Roanoke as a public recreation facility of the County. The County's long-range plan for the development of this park includes soccer and baseball fields; tennis, basketball and volleyball courts; parking; and a new access road. Bo A new access road from a City street (Berkley Road) is proposed by the County to provide adequate ingress and egress for the subject park. Co Recreational Access Fund Program of the Commonwealth of Virginia provides 100% construction cost of the approved access roads to publicly-owned recreational areas under certain terms and conditions. County of Roanoke requested City assistance in securing allocation of Recreational Access Funds for the construction of the proposed access road to Vinyard Park. Since the majority of this park lies within the City of Roanoke and access would be to a City street, the request for Recreational Access Funds must be made by the City of Roanoke. In making this request, the City must also: 1. Request the State to designate Vinyard Park as a public recreation area. 2o Request the State to designate the access road as a "Virginia Byway." 3. A~ree to reasonably protect the aesthetic or cultural value of the access road. Mayor and Council Members Page 2 II. Current Situation: Con~nonwealth Transportation Board has allocated the amount of $26,000 to provide access to Vinyard Park. This is contingent upon the passage of an appropriate resolution by the Roanoke City Council requesting the funding. An appropriate asreement between the City and the County has been developed by the City Attorney and approved by the Roanoke County Board of Supervisors. The agreement will hold the City free from any obligations for funding, utilities, signage, right- of-way, engineering, construction, maintenance, snow removal, garbage collection, street cleaning, public liability, security, police services, etc., before, during, and after the completion of the subject access road project. The agreement is attached for City Council's review and approval. III. Issues: A. Assistance to County of Roanoke. B. Cost. C. Funding. D. AEreement with County. IV. Alternatives: City Council adopt an appropriate resolution requestinz State Recreational Access Funds for a new access road to the County of Roanoke's Vinyard Park located mostly within Roanoke City Limits. Also, Council authorize an agreement with the County of Roanoke relative to the subject access road project. Assistance to the County of Roanoke, will be provided by the City, thus facilitating the develop- ment of Vinyard Park for use by both City and County residents. Cost of the access road project is estimated to be ~26~000. Fundin~ for the access road will be provided by the State. Any cost overruns will be the responsibility of the County. No City funds will be required. Mayor and Council Members Page 3 Agreement with County provides that the County will hold the City free of any obligations. Bo Do not adopt a resolution to request State Recreational Access Funds for an access road to County's Vinyard Park. Assistance to County of Roanoke in securing State access road funds will not be available. 2. Cost for the access road will still be $26,000. o Funding from the State Recreational Access Fund Program will not be available to the County for this project. Agreement with the County will not be reached in regards this subject. V. Recommendations: Council concur with the implementation of Alternative A. Accordingly, Council: Adopt an appropriate resolution requesting State Recreational Access Funds for a new access road to the County of Roanoke's Vinyard Park located mostly within Roanoke City limits. Authorize the City Manager to sign an agreement with the County of Roanoke relative to the subject access road project. Respectfully submitted, W. Robert Herbert City Manager DVT:gs Attachment pc: Elmer Hodge, County Administrator, County of Roanoke City Attorney Director of Finance Director of Public Works Director of Administration and Public Safety Director of Utilities and Operations Mayor and Council M~mbers Pag~ 4 City Engineer Manager, Department of Parks/Recreation/Grounds Maintenance Chief of Co~nunity Planning Parks Planner This Agreement is entered into this day of 1988, between-the City of Roanoke, Virginia (hereinafter "City") and the County of Roanoke, Virginia (hereinafter "County"). WHEREAS, Vinyard Park, a facility which is located in the City, is owned and is to be developed by the County as a recreational facility serving the residents of Roanoke County and adjoining municipalities; and WHEREAS, the facility is in need of adequate access; and WHEREAS, the right-of-way of the proposed access is to be provided by the County at no cost to the City; and WHEREAS, the procedure governing the allocation of Recre- ational Access Funds as set forth in Section 33.1-223, Code of Virginia (1950), as amended, requires joint action by the Director of Conservation and Historic Resources and the Highway and Transportation Commission; and WHEREAS, a statement of policy agreed upon between the said Director and the Commission approves the use of such funds for the construction of access roads to publicly owned recreational areas or historical sites; and WHEREAS, the City is willing to recommend allocation of the necessary Recreation Access Funds from the 1987-1988 City alloca- tion subject to the NOW, THEREFORE, County as follows: 1. The County, of Virginia as appropriate, terms of this agreement. it is hereby agreed between the City and the subject to reimbursement by the Commonwealth agrees to bear all costs associated with construction of the access road. Such costs include but are not limited to the following: engineering, surveying, recordation fees, signage and construction. The City will not be required to transfer or handle any of the funds involved in the construction project. 2. The County agrees to provide adequate litter receptacles, litter and garbage clean-up and collection, any needed water and sewer service, security and traffic control services in and about the park and the access road. The County also will provide flood clean-up of the park and the access road, if necessary. 3. The County will maintain the access road and will clean and scrape the road, as needed. 4. The County will assume responsibility for any claims arising from the condition of the road which are filed against the City. The County will maintain in full force and effect at its cost public liability insurance in the minimum amount of $1 million bodily injury and property damage, combined single limit. A certificate of insurance reflecting such coverage shall be provided to the City upon execution of this agreement and thereafter when new insurance is procured. 5. The park will be subject to all police power ordinances of the City. 6. required. val of Appropriate site plan approval by the City will be The park will not be lighted without the written appro- the City Manager. 8. City residents will be permitted to use the park on same basis as City residents may, as of the date of this agreement, use County parks. the Attest: Deputy Clerk Board of Supervisors COUNTY OF ROANOKE by Elmer C. Hodge County Administrator Attest: Mary F. Parker, City Clerk CITY OF ROANOKE by W. Robert Herbert City Manager Approved as to form ~illiam X Parsons Assistant City Attorney Approved as to form Paul M. Mahoney County Attorney A Beauti~ulBeginning COUNTY ADMINISTRATOR ELMER C I-lODGE Ms. Mary F. Parker, Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 July 13, 1988 BOARD OF SUPERVISORS Dear Ms. Parker: Attached is a copy of Resolution No. 71288-2 concerning the execution of an agreement with Roanoke City concerning the Vinyard Park Access Road. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, July 12, 1988. If you need further information, please do not hesitate to contact me. Sincerely, bjh Attachment Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors P,O. BOX 29800 - ROANOKE. VIRGINIA 24018-0798 · (703} 772-2004 AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ~ANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER ON TUESDAY, JULY 12, 1988 RESOLUTION 71288-2 AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ROANOKE CITY CONCERNING TEE VINYARD PARK ACCESS ROAD WHEREAS, Vinyard Park is a recreational facility lo- cated in Roanoke City owned and developed by Roanoke County; and WHEREAS, this park requires adequate road access; and WHEREAS, Roanoke City has agreed to recommend alloca- tion of necessary recreational access funds from the 1987-88 City allocation, pursuant to the procedure governing such allocations of recreational access funds pursuant to Section 33.1-223 of the 1950 Code of Virginia, as amended; and WHEREAS, Roanoke City and Roanoke County have negoti- ated an agreement concerning this matter. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervi- sors of Roanoke County, Virginia, as follows: 1. That the County Administrato~ is hereby authorized to execute an agreement with the City of Roanoke to provide for recreational road access to the Vinyard Park Recreational Facil- i ty. 2. That the County agrees to bear all costs associated with the construction and maintenance of this access road, that the County will ~ssume responsibility for all claims arising from the condition of said road which may be filed against the City and further that the County will certify public liability insur- ance coverage in the minimum amount of $1 million bodily injury and property damage, that the park will be subject to all police power ordinances of the City, that the park will not be lighted without the written approval of the City Manager, and that City residents will be permitted to use the park on the same basis as City residents may use County parks. 3. That the Deputy Clerk is hereby directed to mail a certified copy of this resolution to the Roanoke City Clerk. On motion of Supervisor Nickens, seconded by Supervisor Johnson and carried by the following recorded vote: AYES: Supervisors Johnson, McGraw, Nickens, Robers, Garrett NAYS: None A COPY TESTE: cc: Mary H. Allen, Deputy Clerk Roanoke County Board of Supervisors File John Chambliss, Assistant County Administrator Steve Carpenter, Director, Parks & Recreation Paul Mahoney, County Attorney Mary F. Parker, City Clerk ~ City of Roanoke I hereby certify that the foregoing is a true and correct copy of Resolution 71288-2 adopted by the Roanoke County Board of Supervisors by a unanimous recorded vote on July 12, 1988. Mary H. Allen Deputy Clerk 2 Office of t~e City Clen~ July 27, 1988 File #55-60-178 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29234, amending and reor- daining certain sections of the 1988-89 Grant Fund Appropriations, providing for appropriation of Program Income received from the Roanoke Redevelopment and Housing Authority, Greater Roanoke Transit Company and other miscellaneous Program In~ ~me, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~ionday, July 25, 1988. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. W. Robert tterbert, City Manager Room456 Municipall~ildlng 215C~urchAv~.nue, S.W. Roano~e. Virg~nia24011 (703) 981-254.1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. NO. 29234. AN ORDINANCE to amend and reordain certain sections of the 1988-89 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1988-89 Grant Fund Appro- priations be, and the same are hereby, amended and reordained, to read as follows, in part: Appropriations Community Development Block Grant (FY88) (1-7) .... $3,456,585 Community Development Block Grant (FY89) (8) ...... 12,500 Revenue Community Development Block Grant (FY88) Community Development Block Grant (FY89) 1) Unprog. CDBG - Parking Lot Income 2) Unprog. CDBG - Rehab. Loans 3) Unprog. CDBG - NNEO Loan Repayments 4) Unprog. CDBG - Chem. & Paper Services 5) Unprog. CDBG - Fralin & Waldron 6) Unprog. CDBG - Deanwood Land Sale .7) Unprog. CDBG - Parking Lot Income 8) Unprog. CDBG - NNEO Loan Repayments 9) Parking Lot Income - RRHA (9-15)... $3,456,585 (16) ..... 12,500 035-087-8740-5183) $ 17,955 035-087-8740-5180) 38,108 035-087-8740-5187) 2,876 035-087-8740-5186) 563 035-087-8740-5188) 12,750 035-087-8740-5179) 128,000 035-087-8740-5183) ( 5,000) 035-088-8840-5187) 12,500 035-035-1234-8802) 17,955 10) Other Program Income - RRHA (035-035-1234-8803) Sale of Deanwood 11) Land - RRHA 12) Wmsn. Road Garage Income 13) Loan Repayment NNEO 14) Loan Repayment - Chemical & Paper Services 15) Interest on Float Loan 16) Loan Repayment - NNEO (035-035-1234-8804) (035-035-1234-8807) (035-035-1234-8809) $ 38,108 128,000 ( 5,000) 2,876 (035-035-1234-8815) 563 (035-035-1234-8821) 12,750 (035-035-1234-8911) 12,500 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. Attest: this City Clerk. July 25, 1988 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Appropriation of Program Income Received from Roanoke Redevelopment and Housing Authority, Greater Roanoke Transit Company and Other Miscellaneous Program Income Program Income From RRHA By agreement with the City of Roanoke, the Roanoke Rede- velopment and Housing Authority administers a large segment of the City's Community Development Block Grant Program. The Housing Authority receives program income during the course of its admin- istration of various projects by renting properties, by receiving rehabilitation loan repayments from project area residents, and by receiving repayments of loan loss reserve funds as housing loans are repaid. The Housing Authority is required to transfer this program income to the City of Roanoke. The City of Roanoke is required to use the income for a community development activity. The Housing Authority has made payment to the City in the amount of $184,063 through June 30, 1988 for the following categories of program income: $24,786 in Housing Rehabilitation Loan Loss Reserve repayments received from lenders $17,955 in parking lot rentals in the Downtown East Project in excess of parking lot income previously appro- priated Honorable Mayor and Members of City Council Page 2 July 25, 1988 $13,322 in rehabilitation loan repay- ments by project residents in excess of amounts previously appropriated $128,000 from the sale of land in the Deanwood Community Development project area Program Income From GRTC The Greater Roanoke Transit Company manages the daily operation of the Williamson Road Parking Garage. A portion of the annual net income of the Williamson Road Parking Garage is con- sidered program income as a result of UDAG funding provided to construct the garage. The Transit Company transfers these funds to the City. The City of Roanoke is required by grant agreement to use these funds for housing rehabilitation. No program income will be received for the year ending June 30, 1988, as a result of a projected net operating loss for the UDAG-funded portion of the Garage for FY88. This report deappropriates $5,000 of program income previously appropriated which will not be received. Miscellaneous Proqram Incom~ The City has received gram income: the following mis6ellaneous pro- $15,376 in repayments of CDBG loans made to the NNEO (Northwest Neighbor- hood Environmental Organization) $563 in repayments of a CDBG loan to Chemical and Paper Services, Inc. Honorable Mayor and Member of City Council Page 3 July 25, 1988 $12,750 in interest payments received from Fralin and Waldron, Inc. for its CDBG float loan for the Market Building I recommend that City Council appropriate the total of $212,752 in program income received from the Housing Authority and other sources and deappropriate $5,000 as follows: $17,955 to account 035-087-8740-5183, Unprogrammed CDBG - Parking Lot Income. This amount will be available for future appropriation transfers for a community development purpose. $38,108 to account 035-087-8740-5180, Unprogrammed CDBG - Rehabilitation Loans. This amount will be available for future appropriation transfers for a community development purpose. $15,376 to accounts 035-087-8740-5187 ($2,876) and 035-088-8840-5187 ($12,500), Unprogrammed CDBG - NNEO Loan Repayments. This amount will be available for future appropriation transfers for a community devel- opment purpose. $563 to account 035-087-8740-5186, Unprogrammed CDBG - Chemical and Paper Service Loan. This amount will be available for future appropriation transfers for a community development purpose. $12,750 to account 035-087-8740-5188, Unprogrammed CDBG Fralin and Waldron Interest Payments on Float Loan. This amount will be available for future appropriation transfers for a community development purpose. $128,000 to account 035-087-8740-5179, Unprogrammed CDBG - Deanwood Land Sale Proceeds. This amount will be available for future appropriation transfers for a community devel.opment purpose. $5,000 to be deappropriated from account 035-087-8740 -5183, Unprogrammed CDBG, representing previously es- timated revenue from Williamson Road Garage~ which will not be realized. Honorable Mayor and Members of City Council Page 4 July 25, 1988 · Increase CDBG grant fund revenue accounts as Account Amount 035-035-1234-8802 035-035-1234-8803 035-035-1234-8804 035-035-1234-8807 035-035-1234-8809 035-035-1234-8815 035-035-1234-8821 035-035-1234-8911 $ 17,955 38,108 128,000 5,000) 2,876 563 12,750 12~500 $ 207,752 follows: Director of Financ~ JMS/kp Or, ce of t'ne City Clerk July 27, 1988 File #9 Hr. W. Robert Herbert, Chairman Roanoke Regional Airport Commission Roanoke, Virginia Dear Hr. Herbert: I am attaching copy of Resolution No. 29235, approving the plan of financing ~or the issuance by the Roanoke Regional Airport Commission of Airport revenue bonds, which Resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 25, 1988. Sincere Mary F. Parker, CMC City Clerk MFP:ra pc; The Honorable Lee Garrett, Vice-Chairman, Roanoke Airport , Commission, P. O. Aox 29800, Roanoke, 24018-0798 Mr. Wilburn Co Dibling, Jr., General Counsel ~fr. Robert C. Poole, Airport ~4anager Ms. Cathy S. Pendleton, Secretary, Roanoke Regional Corr~ission Regional Virginia Airport Room 456 Munl¢il:x:ll Building 2t5 C~urch Avenue, S.W. Roonoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29235. A RESOLUTION approving the plan of financing for the issuance by the Roanoke Regional Airport Commission of its Airport revenue bonds. WHEREAS, the Roanoke Regional Airport Commission (the Commis- sion) was created pursuant to the provisions of Chapter 140 of the Acts of the 1986 General Assembly (the Enabling Act); and WHEREAS, on July 22, 1988, the Commission adopted a resolu- tion (the Resolution) approving the plan of financing for the issuance by the Commission of its Airport revenue bonds or notes (the Bonds) in an amount now estimated not to exceed $7,300,000, the proceeds of such Bonds to be used to finance a portion of the costs of the expansion and modernization of certain Airport facilities (the Project) located at the Roanoke Regional Airport, Woodrum Field (the Airport), and has held a public hearing thereon on such date; and WHEREAS, the Commission has requested this Council to approve the plan of financing as requested by Section 147(f) of the Internal Revenue Code of 1986, as amended (the Internal Revenue Code), and $15.1-1378.1 of the Code of Virginia (1950), as amended (the State Code); and WHEREAS, a copy of the Commission's resolution approving the plan of financing, subject to the terms to be agreed upon, a record of the public hearing and a "fiscal impact statement" with respect to the Project have been filed with this Council. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council hereby approves the plan of financing of the Commission for the benefit of the Project, to the extent required by Section 147(f) of the Internal Revenue Code, and §15.1-1378.1 of the State Code, to permit the Commission to finance the Project. This Council confirms that the entire Project is a "capital expenditure" within the meaning of Section 17 of the Contract dated January 28, 1987 (the Contract), by and between the City of Roanoke, the County of Roanoke, and the Roanoke Regional Airport Commission, which has been approved by it on January 11, 1988. 2. Approval of the plan of financing as required by Section 147(f) of the Code does not constitute an endorsement of the Bonds, but as required by the Enabling Act, the Bonds shall pro- vide that the Bonds shall not be a debt of the Commonwealth of Virginia or any political subdivision thereof, other than the Commission, and, except to the extent payments are made pursuant to the Contract, neither the Commonwealth of Virginia nor any political subdivision thereof, other than the Commission, shall be liable thereon nor shall the Bonds be payable out of any funds or properties other than those 3. This resolution shall adoption. of the Commission. take effect immediately upon its ATTEST: City Clerk. Airport Commission W, Robert Herbert, Chairman Le~ Garrett Joel ~1, Schlanger Bob L, Johnson Kit B. Kiser Robert C. Poole, Airport Manager 1635 Aviation Drive Roanoke, Virginia 24012 [703] 981-2531 July 25, 1988 Honorable Mayor and Members of City Council Roanoke, Virginia Re: Roanoke Regional Airport Commission revenue bond financing Dear Mrs. Bowles and Gentlemen: As you are aware, the Roanoke Regional Airport Commission has adopted a resolution approving the plan of financing for the issuance by the Commission of Airport revenue bonds. These bonds are to be in an amount not to exceed $7,300,000.00, the proceeds to be used to finance a portion of the cost of expansion and modernization of the Airport Terminal project. The Commission has been informed by its bond counsel that, in accordance with the requirements of the Internal Revenue Code and Virginia law, Roanoke City Council and the Roanoke County Board of Supervisors should approve the plan of financing. Therefore, we would respectfully request your consideration of the enclosed resolution. Very truly yours, W. Robert Herbert Chairman WRH:shm Attachment CC: Members, Roanoke Regional Airport Commission Wilburn C. Dibling, Jr., General Counsel Mary F. Parker, City Clerk Cathy S. Pendleton, Commission Secretary CERTIFICATE '88 The undersigned Secretary of the Roanoke Regional Airport Commission (the Commission) hereby certifies as follows: 1. A regular meeting of the Commission was duly called and held on July 22, 1988, at 10:00 o'clock a.m., in the conference room located on the second floor of the Terminal Building at the Roanoke Regional Airport, Roanoke, Virginia. The meeting was open to the public and persons of differing views were given an opportunity to be heard. At such meeting all of the Commis- sioners were present or absent throughout as follows: PRESENT: Lee Garrett, Bob Johnson, Kit B. Kiser, Joel M. Schlanger, W. Robert Herbert ABSENT: None 2. The Chairman announced the commencement of a public hearing on the plan of financing for the proposed expansion of the terminal and related facilities at the Airport. A notice (the Notice) of the public hearing had been published previously on July 5 and July 12, 1988, in the Roanoke Times and World News, the first publication being not more than twenty (28) days nor less than fourteen (14) days prior to the hearing in a newspaper having general circulation in Roanoke, Virginia. A copy of the Notice and a certificate of publication of such Notice have been filed with the records of the Commission, copies of which are attached hereto as Exhibit A. 3. The following individuals appeared and addressed the Commission: None A reasonably detailed summary of their statements together with the fiscal impact statement are attached hereto as Exhibits B and C. 4. Attached hereto as Exhibit D is a true, correct and complete copy of a resolution (the Resolution) adopted at such meeting of the Commission by a majority of the Commissioners pre- sent at such meeting, with the ayes and nays being recorded in the minutes of such meeting as follows: Commissioners Vote Lee Garrett - Aye Bob Johnson Aye Kit B. Kiser - Aye Joel M. Schlanger - Aye W. Robert Herbert - Aye The Resolution constitutes all formal action taken by the Commission at such meeting relating to matters referred to in the - 2 Resolution. The Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my hand and seal of the Commission this 22nd July, 1988. day of Cathy S.~endleton, Secretary of the Roanoke ~egional Airport Commission - 3 - AU NUMbtK - 70113b?? PUBLISHER'S FEE - ~1Z$.12 RKE REDIONAL ,AIRPORT CON ROANG~ REGIONAL AIRPORT STATE CF ¥IKblN1A CiTY OF RCJAi~U~E AFFIDAVIT OF PU~LICATIOW It (THE UNDERSIGNED} AN OFFICER OF TIME$-.ORLD CORPORATION, NNICH COR- PORATION IS PUBLISHER OF THE KUANO~ TIMES £ ~RLD-NE~$, A DAILY NEWSPAPER PUBLISHED iN RC~NOKE~ IN THE STATE OF VIRblNIA~ DO CErTiFY THaT IHE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLE~ING DATES 07/D5/08 MORNING O7/i2/~ MORNING hlTNLSS,~ DAY UF ~ULY 19a8 ...... ' ' - ' L, N A T/l~q~-E State of Virginia City of Roanoke Acknowledged before me this 13th day of July, I~88. Notary ic My CommL~ion bpire~ 3.16.1~90 KOANOKE TIMES C WGRLD-NE~S bO NUMBER 70113577 PUbLISH~R'~ FEE - $123,12 RKE REGIONAL AIRPORT COM ROANOKE REGIONAL AIRPORT ROANOKE VA 24012 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I9 (THE UNDERSIGNEDI AN OFFICER OF TIMES-WORLD CORPORATION, wHICH COR- PORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED iN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT T~E ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 07/05/86 MORNING 07/12/88 MORNING WITNESS, T/.~-'I~"£iS~H OAY OF JULY 19a8 ..... ~-FFICER'S SIGN/~"13Rm State of Virginia City of Roanoke Acknowledged before me this 13th day of July, 15)88. ' Notary Publ lb MS C~mmi~on E. xpire~ 3-I6-1990 FISCAL IMPACT STATEMENT ROANOKE REGIONAL AIRPORT COMMISSION July 22, 1988 ROANOKE REGIONAL AIRPORT TERMINAL PROJECT 1. Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the municipality o Estimated real property tax per year using present tax rates 4. Estimated personal property tax per year using present tax rates 5. Estimated merchants' capital tax per year using present tax rates 6. Estimated dollar value per year of goods and services that will be purchased locally Estimated number of regular employees on year round basis 8. Average annual salary per employee err Herbert, ' W. Rob Chairman Roanoke Regional Airport Commission $ 7,300,000 $25,300,000 N/A N/A N/A $ 1,332,484 20 $ 19,315 RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 22nd day of July, 1988. No. 88-018 A RESOLUTION authorizing the Commission to undertake a plan of financing of Airport revenue bonds and notes for the new Airport Terminal Facility project, upon certain terms and con- ditions. WHEREAS, the Roanoke Regional Airport Commission (the Commission) was created by and pursuant to Chapter 140 of the Acts of Assembly of 1986 (the Enabling Act), and is authorized and empowered to issue its Airport revenue bonds or notes for the purpose of financing, among other things, the cost of construc- ting, maintaining, enlarging, equipping and improving any of its Facilities, as that term is defined in the Enabling Act; and WHEREAS, the Commission has recognized the need for an expan- sion and modernization of its Airport Terminal and related facil- ities (the Project), at the Roanoke Regional Airport, Woodrum Field (the Airport), to provide better airport services to the inhabitants of the participating political subdivisions, as that term is defined in the Enabling Act; and WHEREAS, a public hearing has been held as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the Internal Revenue Code). BE IT RESOLVED by the Roanoke Regional Airport Commission that: 1. It is hereby found and determined that the Project is necessary for the successful operation of the Airport and will promote the safety, health, welfare, convenience and prosperity of the inhabitants of the participating political subdivisions and the Commonwealth of Virginia, and the increase of their com- merce. 2. The Commission hereby agrees to undertake a plan of financing for the Project through the issuance from time to time of its Airport revenue bonds and notes in an amount now estimated not to exceed $7,300,000 (the Bonds), with the first such iesuance to occur no later than one year after the approval of the last participating political subdivision and the last such issuance to occur no later than three years after the first issuance pursuant to the plan of financing, upon terms and con- ditions to be mutually agreed upon between the Commission and the participating political subdivisions. The Bonds shall be issued in form and pursuant to terms to be set by the Commission, and may be payable (l) from its revenues generally; (ii) exclusively from the income and revenues of the Project; or (iii) exclusively from the income and revenues of certain designated projects, whether or not they are financed in whole or in part from the proceeds of the Bonds. The Bonds may be additionally secured by a pledge of any grant or contribution from a participating poli- tical subdivision, the Commonwealth of Virginia or any political subdivision, agency, or instrumentality thereof, any federal agency or any unit, private corporation, copartnership, asso- ciation, or individual, as such participating political sub- division, or other entities may be authorized to make under general law or by a pledge of any income or revenues of the Commission. S. The Commission may be reimbursed from the proceeds of the Bond for all costs so incurred by it. The Commission may also determine to issue its notes to obtain interim financing for the Project on terms to be later agreed upon. 4. In executing the contract as hereinafter defined, on January 28, 1987, and in adopting the Resolutions of October 14, 1987, and November 5, 1987, the Commission took "official action" with respect to the issuance of the Bonds within the meaning of regulations issued by the Internal Revenue Service pursuant to Section 147(f) of the Internal Revenue Code and hereby confirms such "official action." 5. The Commission shall perform such other acts and adopt such further resolutions as may be required to implement its undertakings as hereinabove set forth, and will make application to the Internal Revenue Service for such tax rulings as may be necessary in the opinion of bond counsel. To that end, the Chairman or Vice Chairman of the Commission is authorized to exe- cute an appropriate power of attorney naming counsel selected by the Commission for such purposes. 6. The Commission hereby recommends that the governing bodies of the participating political subdivisions approve the plan of financing, and the maximum amount of the Bonds as required by Section 147(f) of the Internal Revenue Code and §15.1-1378.1 of the Code of Virginia (1950), as amended, and hereby confirms that the Project is a "capital expenditure" as defined in Section 17 of the Contract dated January 28, 1987, by and between the City of Roanoke, the County of Roanoke and the Commission. 7. This adoption. resolution shall take effect immediately upon its CY~ce of the City July 27, 1988 File #51 Mr. John B. Ferguson Attorney 301 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Ferguson: I am enclosing copy of Ordinance No. 29199, rezoning a tract of land containing 0.15 acre, more or less, located at 2315 Colonial Avenue, S. W., described as Official Tax No. 1270541, from Residential ~ulti-Family, Low Density District, to C-1, Office District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, July 11, 1988, also adopted by the Council on second reading on Monday, July 25, 1988, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra Eneo pc: Mr. & Mrs. Douglas W. HunIey, 333 Pasley Avenue, S. W., Roanoke, Virginia 24015 ~4r. Dennis Austin, 1811 Greenwood Avenue, S. W., Roanoke, Virginia 24015 Mr. Vance Hollingsworth, 2305 Colonial Avenue, S. W., Roanoke, Virginia 24015 Room 456 Municipal Building 2t50~urch Avenue, S.W. Roonoke, Virginia 2401 ~ (703) 98t-2541 ~r. John B. Ferguson Page 2 July 27, 1988 pc: Colonial Avenue Associates, 2302 Colonial Avenue S. W. ~oanoke, Virginia 24015 ' ' Ms. Vinay Phongphila, 2320 Winthrop Avenue, S. W. Roanoke Virginia 24015 ' , ~r. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0o Box 2569, Roanoke, Virginia 24010 Mr W. Robert Herbert, City Manager Mr Mr Mr Mr Mr Mr Mr. Mr. Administrator Mr. John R. Commission Ms. Doris Layne, Von W. Moody, [[I, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, ~oard of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney Charles M. Huffine, City Engineer RonaId H. Miller, Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of July, 1988. No. 29~99. VIRGINIA, AN ORDINANCE to amend $36.1-3, Code of as amended, and Sheet No. 127, Sectional 1976 Zone Map, City Roanoke, to rezone certain property within the City, subject rain conditions proffered by the applicant. the City of Roanoke (1979), of to cer- WHEREAS, application has been raade to the Council of the City of Roanoke to have the hereinafter described property rezoned from PM-l, Residential ~ulti-Family, Low Density District, to C-l, Office District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 11, 1988, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land containing 0.15 acres, more or less, located at 2315 Colonial Avenue, S. W., designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1270541 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District, to C-l, Office District, subject to those conditions proffered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on June 17, 1988, and that Sheet No. 127 of the Zone Map be changed in this respect. 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: Request from Harold B. Ferguson, represented by John B. Ferguson, attorney, that a 0.15 acre tract of land located at 2315 Colonial Avenue, S.W., identified as Official Tax No. i270541, be rezoned from PM-l, Residential Multi-Family, Low-Density District to C-i, Office District. I. Back~round: Petition to rezone was filed on 5/9/88. Amended petition to rezone was filed on 5/26/88 to clarify rezoning to Office District. Purpose of the rezoning request is to allow the use of the structure (approximately 768 s.f.) as an office. Ce Concept development plan showing parking is included for your review. Past zoning history of this property and adjacent properties is as follows: 1974 - Rezoning study for Colonial Avenue Corridor done by the Planning Department. Study reviewed zoning history to 1960s. Area was described as transitional due to highway improvements. Topography was also a consideration. Subject property was recommended for multi-family use. Office uses were recommended for the east side of Colonial. Towers area was recommended for general commercial use. 1980 - Zoning request for three adjacent properties from RD to C-2 was denied by the Planning Commission and later withdrawn. Be 1982 - Rezoning request for same adjacent properties from RD to C-2, conditional, was denied by the Planning Commission but approved by City Council. Issues were Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 July 11, 1988 access, traffic, strip development and residential impact. 1984 - Rezoning request for subject property and two additional properties for office use was denied by both Planning Commission and City Council. Issues were alley access, traffic generation, storm water management, and strip development (report attached for your review). 1984 - Community Development Subcommittee of the Planning Commission met to discuss Colonial Avenue issues. The subcommittee concluded that the dividing line for residential and commercial development should be Wonju Street. Detailed analysis of the corridor was delayed until the highway department conducted a corridor study that the City had requested. The corridor study was never undertaken, but in 1987, City Council requested the highway department to include Wonju Street Extension in the City's six-year highway improvement plan. Planning Commission public hearin~ was held on June 1, 1988. There was no opposition to the proposed rezoning. In his presentation to the Commission, Mr. Ferguson stated that he has been unable to rent the property for residential purposes. He further stated that he felt the parcel would serve as a suitable buffer between the more intensive commercial uses along Colonial Avenue and the residential portion of the neighborhood. Plannin~ staff recommended that the rezoning request be denied. The issue of commercial zoning on Colonial Avenue has been a major one since the 1970s when Wonju Street and the Webber Expressway were constructed. The staff has consistently recommended denial of the commercial requests on the same basis of access, traffic, storm water management, neighborhood encroachment, and the proliferation of strip commercial development. The zoning of the three properties on the corner to commercial in 1982 aggravated the existing problem of the transitional area and has resulted in "a domino effect" for adjacent properties. While the current request for commercial office zoning is less in the number of properties and the degree of commercial intensity than others in the past, the same issues must be considered. The properties frontin~ on Colonial Avenue, while not highly desirable as residential properties, are not suitable for coF~ercial development. Access from the alley (already near capacity), congestion at 23rd Street and Colonial Avenue, and the City's storm water management requirements make these properties very difficult to develop properly and in compliance with established site development standards and zoning regulations. G. Second amended petition to rezone was filed on June 17, 1988. Proffered condition was as follows: Roanoke City Council Page 3 July 11, 1988 The existing structure will not be torn down and replaced. II. Issues: Zonin~ is RM-1. Adjacent zoning is a mixture of commercial (C-1 and C-2) and residential (RM-1 and RM-2). Land use is a single-family house. Adjacent land uses are a mixture of single-family residences and commercial businesses, both office and retail. De Utilities for water and sewer are available. Storm drainage facilities are located at Winthrop Avenue and 23rd Street. The system is partially a private system owned by Towers Mall. Access to the property would be through an existing 10-foot alley which was improved to a width of 18 feet in conjunction with the conditions of the previous rezoning. Alley is near capacity in accommodating traffic volumes at a satisfactory level of service (300 vehicles). In 1984, the traffic was counted at 246 vehicles in one, 12-hour period. The intersection of 23rd Street and Colonial Avenue is very congested. Wonju Street is proposed to be extended in the near future. The extension is proposed for inclusion in the City's six-year highway improvement plan. The extension would affect the subject property. Neighborhood is primarily single-family residences. Past rezoning requests have not been strongly opposed by residents, but concerns for traffic and flooding were noted. G. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. 2. Strip commercial development be discouraged. Development be orderly and encouraged in compliance with established development standards and zoning regulations. III. Alternatives: A. City Council approve the rezoning request. Zonin~ becomes C-1. Where commercial zoning stops becomes an issue. Land use for office would be permitted as well as residential. Structure provides approximately 1,500 square feet of space (including basement). Five parking spaces would be required for office use. Roanoke City Council Page 4 July 11, 1988 Utilities provided for water and sewer. Storm water would have to be managed on site. Runoff onto adjacent properties is a concern. Topography and size of the lot limit space available for retention of increased runoff. e Access from the ten foot alley for commercial uses is a significant concern. Traffic increase is estimated to be less than 20 vehicles per day based on standard trip generation calculations for office use. While traffic is not greatly increased, the alley is already nearing capacity and the intersection of the alley, 23rd Street and Colonial Avenue, is heavily congested. Colonial Avenue and 26th Street intersection is also bad due to the steep topography. Wonju Street Extension would require taking of the property. Neighborhood affected by continued piecemeal zoning along Colonial Avenue. Concerns for runoff and traffic congestion must be addressed. 7. Comprehensive Plan not followed. B. City Council deny the rezoning request. 1. Zoning remains residential. 2. Land use restricted to residential. 3. Utilities not affected. 4. Access less of an issue. 5. Wonju Street Extension would still take property. 6. Neighborhood transitional. Existing conditions along Colonial Avenue and 23rd Street still an issue. 7. Comprehensive Plan followed to the extent possible. IV. Recommendation: The Planning Commission voted 3-3 on a motion to deny the requested rezoning (Messrs. Jones, Waldvogel and Sowers for the rezoning, Messrs. Bradshaw and Buford and Mrs. Goode for denial, Mr. Price absent). Some members of the Commission felt that the rezoned parcel would serve as an appropriate transition between the more intensive co~m~ercial uses permitted in the adjacent C-2 zone and the residential section of the block. These members also felt that the area was becoming less viable for residential development and would be difficult to redevelop due to multiple ownership of the residential lots. Roanoke City Council Page 5 July 11, 1988 Other Commission members agreed with the staff's recommendation and also felt that approving the rezoning would aggravate the existing bad traffic problem in the area. Respectfully submitted, Roanoke City Planning Co~nission JRM:ESG:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator/Building Commissioner Petitioner's Attorney IN YhE t ~ ?,CIL OF THE CITY OF POANOKF IN Rezoning ol a tract of ]and lylnc in the City of Poanoke, wluginia, at 2315 Colonial Avenue, SW, (Tax Number 1270541), frcm R}{-! to C-1 Conditional. SECCND AMENDED PETITION TO ~mZONm TO THE PONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CiTY OF ROANOKE: The Petitioner, Harcld B. Ferguson, owns land in the City of Roanoke containing 0.15 acres, more or less, located at 2315 Colonial Avenue, SW, Roanoke, Virginia, 24C15. (Tax Num- ber 1270541) Said tract is currently zcned ~i--1. A map of prcperty to be rezoned and adjacent parcels is attached as Eyh~bit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Rcanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 District to C-1 Office District, used for office the C-1 Office District. The Petitioner of land will further the for the purpose of permitting the property to be space or any of the other permitted uses under believes the rezoning of the said tract intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will: 1o Permit a less intensive extension of the zoning of the adjacent property which currently has been zoned C-2 Conditional; said to, .~.~ Promote the highest and best use of the subject tract; and 3. Proper!7 reflect the nature and character of the adjacent area. The Petitioner hereby proffers and agrees that if the trac5 is rezoned as requested, the rezon%ng will be subject and the Petitioner will aLiCe by, tile following ccnditions: 1. The ex/sting building will ncr be torn down and replaced. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner described tract be rezoned as requested in accordance with provisions of the Zoning Ordinance of the City of Roanoke. requests that the above- the , /< Respectfully submitted this xt- day of 1988. Respectfully submitted, Harold B. Ferguson 1138 Northmount Avenue, NW Roanoke, Virginia 24019 / Signa~ur~ o~wner HAROLD B. FERGUSON Of Cdunsel/~/~ John B. Ferguson, Esquire 301 Elm Avenue, S.W. Roanoke, Virginia 24016 (703) 344-2017 '-i ~ ,~/ LOCATION Office of the City Clerk June 22, 1988 File #51 Mr. John B. Ferguson Attorney 301 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Ferguson: I am enclosing copy of a report of the City Planning Cor~nission recommending that the Council of the City of Roanoke grant the request of your client, Harold B. Ferguson, that a 0.15 acre tract of land located at 2315 Colonial Avenue, $. W., identified as Official Tax No. 1270541, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-1, Office District. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 11, 1988, at 8:00 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. & Mrs. Douglas W. Hunley, 333 Pasley Avenue, S. W., Roanoke, Virginia 24015 Mr. Dennis Austin, 1811 Gre~nwood Avenue, S. W., Roanoke, Virginia 24015 Mr. .Vance Hollingsworth, 2305 Colonial Avenue, S. W., Roanoke, Virginia 24015 Room456 Mun!cipalBuildlng 215(~urchAv~'~ue, S.W. Roano~e, VIrg~nla24011 (703) 981-2541 ,~ro John B. Yerguson Page 2 June 22, 1988 pc: Colonial Avenue Asso-;ates, 2302 Colonial Avenue, S. W. Roanoke, Virginia 24~i5 ' Ms. Vinay Phongphila, 2320 Winthrop Avenue, S. W. Roanoke Virdinia 24015 ' ' l{r. Wayne G. Strickland, E.~ecutive District Commission, p. O. Box 2569, ~4r. tV. Robert Herbert, Mr Mr ~r ~r Mr Administpatar Mr. ,John R. Commission 5~s. Doris Layne~ Director, Fifth Planning Roanoke, Virginia 24010 City Manager Wil5urn C. Dibling, Jr., City Attorney Von W. Moody, [II~ Director of Real Estate Valuation ~lichael ~. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works ~it ~. Kiser, Director of Utilities and Operations William ,~. Hac~worth, Assistant City Attorney Charles M. Huffine, City Engineer Rona~d H. Miller, Building Commissioner and Zoning ,~arlles, Agent/Secretary, City Planning Office of Real Estate Valuotion Office of the Mayor June 17, 1988 File #51 Mr. Michael M. Watdvoget Chairman City Planning Commission Roanoke, Virginia Dear Mr. Watdvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from John B. Ferguson, Attorney, representing Harold B. Ferguson, requesting that a tract of land containing 0.15 acre, more or tess, located at 2315 Colonial Avenue, S. W., Official Tax No. 1270541, be rezoned from RM-1, Residential Multi-Family District, to C-1~ Office District. S~.~,.~,~dy'i ncere ly,~?~)~l~-~ Mary F. Parker, CMC City Clerk MFP: ra Eric. pc: Mr. John B. Ferguson, Attorney, 301 Elm Avenue, Roanoke, Virginia 24016 Mr. John R. Marlles, Agent/Secretary, City Commission Mr. Ronatd H. Miller, Zoning Administrator Mr. William Mo Hackworth, Assistant City Attorney Planning Room 452 Municipal Building 2t5 Church Avenue, $.W. Roanoke, 'virginia 24011 (703) 981-2444 Office of the City Clerk June 22, 1988 b'i le g51 The Honorable Mayor and Members of Roanoke City Council Roanoke~ Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council on Monday, April 6, 1981, this is to advise you that I have set public hearings for Monday, July 11, 1988, at 7:30 p.m. on the following matters: ' (1) Request of John B. Ferguson, Attorney~ representing Harold Bo Ferguson, that a 0.15 acre tract of land located at 2315 Colonial Avenue~ S. W., identified as Official Tax No. 1270541~ be rezoned from Residential Multi-Family, Low Density District, to C-1, Office Dist,ict. (2) Request of James O. Logan, Attorney, representing James E. and Joyce D. Lyle, that a tract of land lying at the northeasterly corner of Bennington Street and Edgerton Avenue, S. E., identified as Official Tax Nos. 4340807 4340809, respectively, be rezoned from RM-i~ Residential Multi-Family, Low Density District~ to C-2, General Co,~nercial District~ subject to certain proffered conditions by the petitioner. (3) Request of George I. and Betty M. Vogel, that approximately one acre of land on Fugate Road, N. E., identified 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, subject to certain proffered conditions. (4) Request of the City Planning Commission for adop- tion of the first of three neighborhood plans; viz: South Roanoke Neighborhood Plan. Room456 MunIctpall~ildlng 215Churo~Av~nue, S.W. Roonc~e,V~rg~nia24011 (703)981-2541 The Honorable Mayor and Members of Roanoke City Council Page 2 June 22~ 1988 For your information, I am enclosing copy of the City Commission reports on the abovedescribed matters. If you desire additional information prior to the hearings, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Planning public A' NOMOC~, - PooL1SHER'S FEE - ELM ~VEHVE Sw RGANGK: VA 2~016 STATE OH VIRGINIA CITY GF ROANOKE AFFfOAViT ~F PU6LiCATI~N TiMES-NORLO uOKPGRAIION, wHICH COR- PORATION IS PUBLISHER UF THE ROANOKE TIMEb & .OKLO-N~wS, A OAiLY NOwSPAPmR PUBLISHED IN ROANOKE~ IN THE STATE OF ViR~INIA~ 00 CERTIFY THAT THE ~NNEXEC NOTICE wAS PUOLISHEO IN $~t0 NEWSPAPERS ON THE FOLLO.iNG OATHS 00/2~/~6 M~RNING 07/01/06 MORNiN~ wITNESS, IHi~/~H DAY 0~' JULY NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Bearing on Monday, July 11, 1988, at 8:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RM-1, Residential Multi-Family, Low Density District, to C-1, Office District, the following proper- ty: A tract of land, containing 0.15 acres, more or less, located at 2315 Colonial Avenue, S. W., bearing Official Tax No. 1270541. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 22nd day of June , 1988 Mary F. Parker, City Clerk 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: Please bill to: Ms. Mary F. Parker, City Clerk Mr. John B. Ferguson Room 456, Municipal Building Attorney Roanoke, Virginia 24011 301 Elm Avenue, S. W. Roanoke, Virginia 24016 Office of the City Clen~ May 31, 1988 File #51 Mr. Michael M. WatdvogeI Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of an amended petition from John B. Ferguson, Attorney, representing Harold B. Ferguson, requesting that a tract of land containing 0.15 acre, more or less, located at 2315 Colonial Avenue, S. W., Official Tax No. 1270541, be rezoned from RM-i, Residential Multi-Family District, to C-1, Office District. MFP:ra Eno. pc: Sincerely, Mary F. Parker, CMC City Clerk Mr. John B. Ferguson, Attorney, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 Mr. John R. Marltes, Agent/Secretary, City Planning Commission Mr. RonaId H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Roorn 456 Munlclpol Building 215 C~urch Avenue, S.W, P,~anc:~,,,e, Virginia 24011 (703) 98t-2541 IN THE COUNCIL OF THE CITY OF ROANOKE?~R~iN~ ~ !. ~ '~ "~ IN RE: Rezoning of a tract of land lying in the City of Roanoke, Virginia, at 2315 Colonial Avenue, SW, (Tax Number 1270541), from RM-1 to C-1 Office District. AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, City of Roanoke containing 0.15 acres, more or less, 2315 Colonial Avenue, SW, Roanoke, Virginia, 24015. ber 1270541) Said tract is currently zoned RM-1. Harold B. Ferguson, owns land in the located at (Tax Num- A map of property to be rezoned and adjacent parcels is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of that the Office Roanoke (1979), as amended, the Petitioner requests said property be rezoned from RM-1 District to C-1 District, for the purpose of permitting the property to be under used for office space or any of the other permitted uses the C-1 Office District. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will: less intensive 1. Permit aA extension of the zoning of the adjacent property which currently has been zoned C-2 Conditional; EXHIBIT A Official Tax Number 1270540 1270519 1270542) 1270543) 1270544) 1271006 EXHIBIT B Owner's Name and Mailing Address Douglas W. & Martha M. Hunley 3333 Pasley Avenue, SW Roanoke, Virginia 24015 Dennis Austin 1811 Greenwood Avenue Roanoke, Virginia 24015 Vance Hollinsworth 2305 Colonial Avenue, SW Roanoke, Virginia 24015 Colonial Avenue Associates 2302 Colonial Avenue, SW Roanoke, Virginia 24015 Or, ce of rh~ C~ Oed~ May 11, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Hr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from John B. Ferguson, Attorney, representing Harold B. Ferguson, requesting that a tract of land containing 0.15 acre, more or less, located at 2315 Colonial Avenue, S. W., Official Tax No. 1270541, be rezoned from RM-i, Residential Multi-Family District, to C-1, Office District. Sincere ly, ~/~l~l~, Mary F. Parker, CMC City Clerk MFP: ra pc: Mr. John B. Ferguson, Attorney, 301 Elm Avenue, Roanoke, Virginia 24016 iir. John R. ~arlles, Agent/Secretary, City Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney S. W., Planning Room456 MuniclpalBuilding 21§C~utchA~"~ue, S.W. Roanoke, V1rgJnla24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: Rezoning of a tract of land lying in the City of Roanoke, Virginia, at 2315 Colonial Avenue, SW, (Tax Number 1270541), from RM-1 to C-1 Conditional. VIRGIN~.I .Ay ~ ....... PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: City 2315 The Petitioner, Harold B. Ferguson, owns land in the of Roanoke containing 0.15 acres, more or less, located at Colonial Avenue, SW, Roanoke, Virginia, currently zoned adjacent parcels ber 1270541) Said tract is property to be rezoned and Exhibit A. 24015. (Tax Num- RM-1. A map of is attached as 1. Permit an extension of the zoning of the adjacent property which currently has been zoned C-1 Conditional; Conditional District, for the purpose of permitting the property to be used for office space or any of the other permitted uses under the C-1 Conditional Zoning Regulations of the City of Roanoke, Virginia. The Petitioner believes the rezoning of the said tract of land will further the ~ntent and purposes of the City's Zoning Ordinance snd its comprehensive plan, in that it will: Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 District to C-1 2. Promote subject tract; and 3. Properly the adjacent area. the highest and best use of the reflect the nature and character of Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. 1988. Respectfully submitted this C\~L-day of Respectfully submitted, HAROLD B. FERGUSON Harold B. Ferguson 1138 Northmount Avenue, NW Roanoke, Virginia 24019 O fCbuns John B. Fe~u~on, Esqu5 re 301 Elm Avenue, S.W. Roanoke, Virginia 24016 (703) 344-2017 SignatUre of O~tner EXHIBIT A --' -.LJ g Official Tax Number 1270540 1270519 1270542) 1270543) 1270544) 1271006 EXHIBIT B Owner's Name and Mailing Address Douglas W. & Martha M. Hunley 3333 Pasley Avenue, SW Roanoke, Virginia 24015 Dennis Austin 1811 Greenwood Avenue Roanoke, Virginia 24015 Vance Hollinsworth 2305 Colonial Avenue, SW Roanoke, Virginia 24015 Colonial Avenue Associates 2302 Colonial Avenue, SW Roanoke, Virginia 24015 TO THE CITY CLERK OF TH~ CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZOIq'~G ~I~T I~I*: ! Request from Harold B. Ferguson, represented by John B. Ferguson) Attorney, that a tract of land located as 2315 Colonial Avenue, ) S.W., identified as official tax no. 1270541, and containing )AFFI- 0.15 acre, be rezoned from RM-1, Residential Multi-Family, Low )DAVIT Density District to C-i, Office District. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, notices of a public hearing to be held on the 1st day of June, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER, AGENT OR OCCUPANT 1270540 Douglas W. and Martha M. Hunley 1270519 Dennis Austin 1270542 1270543 1270520 1270544 1271006 Vance Hollingsworth Colonial Avenue Associates 1270518 Vinay Phongphila ADDRESS 3333 Pasley Avenue,SW Roanoke, VA 24015 1811 Greenwood Avenue~ Roanoke, VA 24015 2305 Colonial Avenue, SW Roanoke, VA 24015 2302 Colonial Avenue, SW Roanoke, VA 24015 2320 Winthrop AvenueE Roanoke, VA 24015 Marth~a P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of May, 1988. My Commtission Expires: Notary ~Public ~ Office of the City Clerk July 27, 1988 File #51 Mr. James D. Logan, III Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Logan: [ am enclosing copy of Ordinance No. 29200, rezoning a tract of land containing approximately one acre, more or less, located at the northeasterly corner of Bennington Street and Edgerton Avenue, S. E., described as Lots 15 - 17, respectively, Section 2, Revised Map of the westerly portion of Riverdale, Official Tax Nos. 4340807 4340809, respectively, from RM-I, Residential Multi-Family, Low Density District, to C-2, General Commercial District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, July 11, 1988, also adopted by the Council on second reading on Monday, July 25, 1988, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Eno. pc: 8rabham Enterprises, c/o Mr. Henry Brabham, P. O. Bo~ 215, Vinton, Virginia 24179 Ms. Leda R. Wingfield, 1741 Jerome Street, S. E., Roanoke, Virginia 24014 ~r. James H. Oillon 1518 Edgerton Street, S. E., Roanoke, Virginia 24014 T & P Realty Company, 6144 ~urnham Road, S. W., ~oanoke, Virginia 24018 Room 456 Municipal Building ?" ~ D'urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 ~qr. James D. Logan, Page 2 Jury 27, 1988 III po". Mro 241 Mr. Dis 240 Mr Mr Mr Mr Mr Mr, Mr. Mr. Administrator Mr. John R. Commission ~4s. Doris Layne, William A. Janney, 458 Missimer Lane, Vinton 79 , Wayne G. Strickland, Executive Director, Fifth trict Commission, p. O. Box 2569, Roanoke, 10 W. Robert ~erbert, City Manager Van W. Moody, [[[, Director of Real Estate Valuation Michael M. ~aldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit ~. Kiser, Director of Utilities and Operations Wiiliam M. Hackworth, Assistant City Attorney Charles ~. Buffine, City Engineer Ronald H. Miller, Building Commissioner and ~oning ~arlies, Agent/Secretary, City Planning Office of Real Estate Valuation Virginia Planning Virginia IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Ihe 25th day of July, 1988. No. 29200. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 434, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 11, 1988, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Coramission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~38.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 434 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land in the City containing approximately one acre, more or less, located at the northeasterly corner of Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, S. E., being described as Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale, designated on Sheet No. 434 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 4340807, 4340808, and 4340809 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to those conditions prof- fered by and set forth in the Second Amended Petition to Rezone filed with the City Clerk on June 7, 1988, and that Sheet No. 434 of the Zone Map be changed in this respect. 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: Request from James E. Lyle, Jr. and Joyce D. Lyle, represented by Mr. Joseph D. Logan, III, Attorney, that a tract of land lying at the northeasterly corner of Bennington Street and Edgerton Avenue, SE, being known as Official Tax Nos. 4340807, 4340808, and 4340809, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back,round: me Purpose of the rezoning is to extend the existing C-2 zoning which adjoins the subject tract to the north. This would create a continuous commercial zone along Bennington Street, S.E. from Edgerton Avenue, S.E. to Riverdale Road, S.E. Also, the rezoning would allow the existing structure to be used for several of the permitted uses in the C-2 zone, such as medical offices or general and professional offices. Be Zoning ordinance intends for the C-2 district to provide areas for retail goods and services for local and regional needs outside the central business district. The district shall be convenient to customers, preserve the carrying capacity of the streets and ensure the provision of off-street parking and loading space. Petition to rezone was filed on May 11, 1988, along with a site concept plan. An amended petition was filed on June 6, 1988. The following conditions were proffered: A plat will be prepared and recorded after approval by the City that combines lots 15, 16, and 17, Section 2, revised map of the westerly portion of Riverdale and consisting of official tax nos. 4340807, 4340808 and 4340809. The combination of said lots creates sufficient lot size and frontage to satisfy the requirements of the C-2 district. Room 355 Municipal Building 215 Churc~ Avenue, SW Roanoke, Virginia 24011 (703) 98 J-2344 Roanoke City Council Page 2 July 11, 1988 A 20' landscape buffer zone will be provided along Edgerton Avenue. Only one 15' wide driveway will be provided on Edgerton Avenue. 4. Any new building will face Bennington Street. The property shall not be used for a neighborhood or highway convenience store. Plannin~ Commission public hearing was held on Wednesday, June 1, 1988. Mr. Joseph D. Logan, III, attorney, appeared before the Commission on behalf of the petitioner. Mr. Logan explained that the adjoining properties to the north along Bennington Street, S.E., were zoned commercial and that rezoning would create a continuous commercial zone within that block. Concerns regarding future commercial use and the impact on the surrounding residential area were expressed by the Commission and from the public. Mr. Logan responded that the existing plantings would be maintained and proffered conditions 2 through 5 above. These proffers satisfied the concerns of the Commission and the public. There was no further discussion. Mr. Logan was advised that an amended petition would have to be filed prior to the Council hearing and has done so. II. Issues: Zonin~ is presently RM-1. C-2 zoning occurs to the north of the site along Bennington Street, S.E. The remaining boundaries adjoin RM-1 zoning. Land use of the site is currently residential. Surrounding land use to the north, along Bennington Street is commercial and includes a gas station/convenience store complex and a coin-operated laundry. To the east there is residential land use. The lands to the south and west of the site are vacant RM-lo C. Utilities would not be affected. Traffic would not be affected. Low-intensity trip generation is anticipated therefore no adverse impact on the area roadway system is expected. Also, the 1995 thoroughfare plan shows Bennington Street cited for widening. Flood plain impacts on the site. The existing structure is located on the 100-year flood plain limit. Any proposed construction shall occur above the lO0-year flood elevation. Roanoke City Council Page 3 July 11, 1988 Neighborhood along Bennington Street has considerable commercial activity on nearby properties. A trend to commercial use is being seen. Adjoining owners have been notified. Comprehensive Plan recommends that neighborhood centers be developed or improved to provide for local retail or office space. This site falls within an area that is proposed for such a neighborhood center. III. Alternatives: A. City Council approve the rezoning request. 1. Zoning becomes C-2, extending adjacent C-2 zone. 2. Land use becomes commercial. 3. Utilities are available. 4. Traffic would not be affected. 5. Flood plain requirements are observed. 6. Comprehensive plan is followed. B. City Council deny the rezoning request. Zoning remains RM-1. Existing residential land preserved. 2. Land use is unchanged. 3. Utilities would not be affected. 4. Traffic is unaffected. 5. Flood plain is unaffected. Comprehensive plan intent to encourage new residential development could be pursued on existing and adjoining vacant lots. IV. Recommendation: By a vote of 5-1 (Mr. Bradshaw voting for denial and Mr. Price absent), the Planning Commission recommended approval of the rezoning request. C-2 zoning on the property is more appropriate and desirable in terms of existing land use and the Comprehensive Plan. Roanoke City Council Page 4 July 11, 1988 Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission MMW:JTT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Zoning Administrator/Building Commissioner Petitioner IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a tract of land lying at the northeasterly corner oi Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, SE, being described as Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale and consisting of official tax map numbers 4340807, 4340808, and 4340809, from RM-1 (residential multi- family, low density district) to C-2 (general commercial district) TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE: ) SECOND ) ) ~N ) TO ) REZONE ) ) ) ) ) ) COUNCIL OF THE CITY OF The Petitioners, James E. Lyle, Jr. and Joyce D. Lyle, own land in the City of Roanoke containing approximately one acre, more or less, located at the northeasterly corner o~ Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, SE, being described as Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale and consisting of official tax map numbers 4340807, 4340808, and 4340809. Said tract is currently zoned RM-1 (residential multi-family, low density district). A concept plan is attached to the original petition as Exhibit A-1. A map of the property to be rezoned is attached to the original petition as Exhibit A-2. This map also shows existing C-2 property. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-1 (residential multi-family, low density district) to C-2 (general commercial district), for -1- PLUN~ETT & LOGAN purposes permitted in a C-2 zone. This request constitutes an extension of existing C-2 zoning ~rom property adjoining on the northerly side. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will round out existing C-2 zoning without creating spot zoning. Attached to the original petition as Exhibit B are the names, addresses and tax map numbers of the owner or owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. The Petitioners hereby proffer the following conditions to be effective if the property is rezoned as requested: 1. A plat will be prepared and recorded after approval by the City that combines Lots 15, 16 and 17, Sectiom 2, Revised Map of the westerly portion of Riverdale and consisting of Official Tax Numbers 4340807, 4340808 and 4340809. The combination of said lots creates sufficient lot size and frontage to satisfy requirements of the C-2 district. 2. A 20'landscape buffer zone will be provided along Edgerton Avenue. 3. Only one 15' wide driveway will be provided on Edgerton Avenue. 4. Any new building will face Bennington Street. 5. The property shall not be used for a neighborhood or highway convenience store. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -2- Respectfully submitted this 1st day of June, 1988. James E. Lyle, Jr. Joyce D. Lyle P. O. Box 176 Roanoke, Virginia and 24002 -3- Respectfully submitted, self f./ / ph D. Logan, III kett& Logan, Attorneys Shenandoah Building Roanoke, Virginia 24011 (703)345-8837 Counsel for James E. Lyle, Jr., and Joyce D. Lyle EXHIBIT B LIST OF ADJACENT PROPERTY OWNERS Official Tax Map Number 4340802 ~ 4340806 ~ 4340810 ~. 4340102 4350104 4350112~ Owner's Name and Mailing Address Brabham Enterprises c/o Henry Brabham P. O. Box 2!8 Vinton, Virginia 24179 Leda R. Wingfield 1741 3erome Street, SE Roanoke, Virginia 24014 3ames H. Dillon 1518 Edgerton Street, SE Roanoke, Virginia 24014 City of Roanoke c/o Hon. Noel C. Taylor, Mayor 215 Church Avenue, SW Roanoke, Virginia 24011 T and P Realty Company 6144 Burnham koad, SW Roanoke, Virginia 24018 William A. Janney 438 Missimer Lane Vinton, Virginia 24179 tspl VINTON MILL LOCATION~ I-I i O~ Office of the City Clen~ June 22, 1988 File #51 Mr. James D. Logan, III Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. Logan: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your clients, James E. and Joyce D. Lyle, that a tract of land lying at the northeasterly corner of Bennington Street and Edgerton Avenue, S. E., identified as Official Tax Nos. 4340807 4340809, respectively, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain proferred conditions by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 11, 1988, at 8:00 p.m., in the Council Chamber, fourth floor of the Municipal Building. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which were prepared by the City Attorney's Office. Please review the Ordinance and if you have any questions, you may contact Mr. William M. Hackworth, Assistant City Attorney, at 981-2431. Sincerely, ~l~.~ Mary F. Parker, CMC City Clerk MFP:ra Eric. pc:' 5rabham Enterprises, c/o Mr. Henry Brabham, P. O. Box 218, Vinton,' Virginia 24179 Roon~456 MuniclpalBulldlng 215C~urchA',~ue, S.W. Roancke, Vlrg~nia24011 (703)98'1-2541 Mr. James D. Logan, Page 2 June 22, 1988 III pc: Ms. Leda R. Wingfield, 1741 Jerome Street, S. E., Roanoke, Virginia 24014 Mr. James B. Dillon 1518 Edgerton Street, So E., Roanoke, Virginia 24014 T & P Realty Company, 6144 Burnham Road, S. W., Roanoke, Virginia 24018 Mr. William A. Janney, 438 Missimer Lane, Vinton, Virginia 24179 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elw~d Norris, Chairman, Board of Zoning Appeals Mr. Willia,~ F. Clark~ Director of Public Works Mr. Kit Bo Kiser, Director of Utilities and Operations Mr. William M. Hack:worth, Assistant City Attorney Mr. Charles Mo Huffine~ City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Co~ission Ms. Doris Layne, Office of Real Estate Valuation Office o~ the ~ty Clerk June 10, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from John D. Logan, III, Attorney, representing James E. and Joyce D. Lyle, requesting that a tract of land con- taining one acre, more or less, lying at the northeasterly corner of Bennington Street and Edgerton Avenue, described as 1506 Edgerton Avenue, So E., Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale, Official Tax Nos. 4340807, 4340808, and 4340809, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Con~nercial District, subject to certain proffered conditions. Sincere ly, Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. James D. Logan, III, Attorney, 300 Shenandoah Building, Roanoke, Virginia 24011 Mr. John R. ~arlles, Agent/Secretary, City Planning Corrgnission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hack'worth, Assistant City Attorney ~456 MunlctpalBullding 215ChurchA',~ue.S.W. Roanc~e, Vlrg~nia24011 (703)981-2541 Au NUN m~_K ~22L90~2 PU~LISHEK'S FEE - ~,oO.O~ J D LOL~AN 111 ATTY 30u SHEN,aNO~AH ~LD~ ,p 8.; "" il - RUANDKE ¥~ f~Olt STATL O~ ViRGINiA CiTY OF RUANOKE AFFIDAVIT OF PUbLICATIUN I, ITHc oNDERbI~NEU) AN U~FIbER U~ TIMbs-~ORLO ~ORPORATIDN, ~HICH CUR- P~R~TION iS PUJLISHbR DF THE RUANU~ TIMES ~ ~ORLO-NE~S, A DAILY NE~SPAPEK PUdLiSHEO IN R~AN~K:, IN THE STAT: OF VIrgINIA, D0 CEKTt~Y THAT THE ANNEXED ON THE FOLLOWING OATES 00/2~/88 MURNiNG 07/O1/6~ MDRNiN~ WITNESS, _STH DAY OF JULY 1988 LJFFICER'S NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant Code of the to the provisions of Article VII of Chapter 36.1 City of Roanoke (1979), as amended, the Council of Roanoke will hold a Public Hearing on Monday, July the City of 11, 1988, at 8:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, the following property: A tract of land, containing approximately one acre, more or less, located at the easterly corner of Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, S. E., being described as Lots 15, 16 and 17, Section 2, Revised Map of Riverdale and consisting of Official Tax Nos. 4340807, 4340808 and 4340809. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail 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 F. Parker, City Clerk 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 Ms. Mary F. Parker, C'ity Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Please bill to: Mr. James D. Logan, III Attorney 300 Shenandoah Building Roanoke, Virginia 24011 Office of the O~ Cien~ May 26, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from John D. Logan, III, Attorney, representing James E. and Joyce D. Lyle, requesting that a tract of land containing one acre, more or less, lying at the northeasterly corner of Bennington Street and Edgerton Avenue, described as 1506 Edgerton Avenue, S. E., Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Rive.dale, Official Tax Nos. 4340807, 4340808, and 4340809, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, subject to certain proffered conditions. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. James D. Logan, III, Attorney, 300 Shenandoah Roanoke, Virginia 24011 Mr. John R. Marlles, Agent/Secretary, City Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Building, Planning Room456 Munlcipall~ildlng 2~5~nurchAve~ue, S.W. Roanoke, ~rglnio 24011 (703)981-2541 May 24, 1988 Mr. Tom Tasselli Office of Community Planning City of Roanoke Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Zoning Petition - James E. and Joyce D. Lyle - Corner of Bennington Street and Edgerton Avenue - Nos. 4340807, 4340808 and 4340809. Dear Mr. Tasselli: Enclosed are two copies of the amended petition. The only changes are the addition of the word "AMENDED" in the caption and the addition of a new paragraph containing the proffer. Thank you very much for your assistance. If I can furnish any additional information, please let me know. Sincerely yours, JDL:lke Enclosures III P.S.: I assume you will attach the exhibits to the amended petition. IN THE COUNCIL OF THE IN RE: C i T~OoF" 'RoaNOKE ! Rezoning of a tract of land lying at ) the northeasterly corner of B~nnington ) Street and Edgerton Avenue, being known ) as 1506 Edgerton Avenue, SE, being ) described as Lots 15, 16 and 17, Section ) 2, Revised Map of the westerly portion ) of Riverdale and consisting of official ) tax map numbers 4340807, 4340808, and ) 4340809, from RM-1 (residential multi- ) family, low density district) to C-2 ) (general commercial district) ) TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE: VIRGINIA AMENDED PETITION TO REZONE COUNCIL OF THE CITY OF The Petitioners, James E. Lyle, Jr. and Joyce D. Lyle, own land in the City of Roanoke containing approximately one acre, more or less, located at the northeasterly corner of Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, SE, being described as Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale and consisting of official tax map numbers 4340807, 4340808, and 4340809. Said tract is currently zoned RM-1 (residential multi-family, low density district). A concept plan is attached hereto as Exhibit A-1. A map of the property to be rezoned is attached hereto as Exhibit A-2. This map also shows existing C-2 property. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-1 (residential multi-family, low density district) to C-2 (general commercial district), for purposes permitted in a C-2 zone. This request constitutes an -1- extension of existing C-2 zoning from property adjoining on the northerly side. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will round out existing C-2 zoning without creating spot zoning. Attached hereto as Exhibit B are the names, addresses and tax map numbers of the owner or owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. The Petitioners hereby proffer the following condition to be effective i~ the property is rezoned as requested: A plat will be prepared and recorded after approval by the City that combines Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale and consisting of Official Tax Numbers 4340807, 4340808 and 4340809. The combination of said lots creates sufficient lot size and frontage to satisfy requirements of the C-2 district. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -2- Respectfully submitted this 5th day of May, 1988. James E. Lyle, Jr. and Joyce D. Lyle P. O. Box 176 RoBnoke, Virginia 24002 / Ja~es E. Lyle~ Jr~ J~yc~ D. Lyle ' t~plu Respectfully submitted, ~~. ~ogan, I~-- ' unkett & Logan, Attorneys 300 Shenandoah Building Roanoke, Virginia 24011 (703)345-8837 Counsel for James E. Lyle, Jr., and Joyce D. Lyle -3- Office of the City C]e~ May 13, 1988 File #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from John D. Logan, III, Attorney, representing James E. and Joyce D. Lyle, reouesting that a tract of land containing one acre, ~.e or less, lyin~ at the northeasterly corner of Benning Street and Edgertv ~venue, describe as 1506 Edgerton Avenue, E., Lots 15, 16 an~ 17, Section 2, hcvised Map of the westerl~ ?ortion of Riverdale, Official Tax Nos. 4340807, 4340808, and 4340809, be rezoned from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District. Sincerely,l~,~.~ Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. James D. Logan, III, Attorney, 300 Shenandoah Building, Roanoke, Virginia 24011 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Afr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Room 456 Munlcipol Building 215 (Daurch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the northeasterly corner of Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, SE, being described as Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale and consisting of official tax map numbers 4340807, 4340808, and 4340809, from RM-1 (residential multi- family, low density district) to C-2 (general commercial district) TO THE HONORABLE MAYOR AND MEMBERS OF THE ROANOKE: ) ) ) PETITION ) TO ) REZONE ) ) ) ) ) ) COUNCIL OF THE CITY OF The Petitioners, James E. Lyle, Jr. and Joyce D. Lyle, own land in the City of Roanoke containing approximately one acre, more or less, located at the northeasterly corner of Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, SE, being described as Lots 15, 16 and 17, Section 2, Revised Map of the westerly portion of Riverdale and consisting of official tax map numbers 4340807, 4340808, and 4340809. Said tract is currently zoned RM-1 (residential multi-family, low density district). A concept plan is attached hereto as Exhibit A-1. A map of the property to be rezoned is attached hereto as Exhibit A-2. This map also shows existing C-2 property. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RM-1 (residential multi-family, low density district) to C-2 (general commercial district), for purposes permitted in a C-2 zone. This request constitutes an -1- extension of existing C-2 zoning from property adjoining on the northerly side. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will round out existing C-2 zoning without creating spot zoning. Attached hereto as Exhibit B are the names, addresses and tax map numbers of the owner or owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 5th day of May, 1988. James E. Lyle, Jr. and Joyce D. Lyle gZ_O. Box 176 noke, Virginia 24002 ~mes E.~ Lyle~r.~ J c Lyle ~ t~l~ D. v~ Respectfully submitted, BY:C C ~P~ ~-Logan, ~I /P%unkett & Logan, Attorneys /~00 Shenandoah Building //~Roanoke, Virginia 24011 (703)345-8837 Counsel for James E. Lyle, Jr., and Joyce D. Lyle -2- EXHIGIT - EXHIBIT B LIST OF ADJACENT PROPERTY OWNERS Official Tax Map Number 4340802 4340806 4340810 4340102 4350104 4350112 Owner's Name and Mailing Address Brabham Enterprises c/o Henry Brabham P. O. Box 218 Vinton, Virginia 24179 Leda R. Wingfield 1741 Jerome Street, SE Roanoke, Virginia 24014 James H. Dillon 1518 Edgerton Street, SE Roanoke, Virginia 24014 City of Roanoke c/o Hon. Noel C. Taylor, 215 Church Avenue, SW Roanoke, Virginia 24011 Mayor T and P Realty Company 6144 Burnham Road, SW Roanoke, Virginia 24018 William A. Janney 438 Missimer Lane Vinton, Virginia 24179 tspl TO TNE CITY CLERK OF T~E CITY OE ROANOKE, VIRGINIA PERTAINING TO THE REZONI R UB~ST OF: Request from James E. Lyle, Jr. and Joyce D. Lyle, represented by 3oseph D. Logan, III, attorney, that a tract of land lying at the northeasterly corner of Bennington Street and Edgerton Avenue, being known as 1506 Edgerton Avenue, SE, identified as Official Tax Nos. 4340807, 4340808, and 4340809, be rezoned from RM-1, Residential Multi-family Low density District, to C-2, General Commercial District. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, notices of a public hearing to be held on the 1st day of June, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT PARCEL 4340802 4340806 4340810 4350104 4350112 Brabham Enterprises c/o Henry Brabham Leda R. Wingfield James H. Dillon T & P Realty Company William A. Janney ADDRESS P. O. Box 218 Vinton, VA 24179 1741 Jerome Street, SE Roanoke, VA 24014 1518 Edgerton Street, SE Roanoke, VA 24014 6144 Burnham Road, SW Roanoke, VA 24018 438 Missimer Lane Vinton, VA 24179 ~r t a~ank~l~.n~/~ SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of May, 1988. My Commission Expires: Notary Public ~ Office of the Ci~, Cie~ July 27, 1988 File #51 Mr. & Hrs. George I. Vogel, II P. O. ~ox 2420 Roanoke, Virginia 24010 Dear Mr. & Mrs. Vogel: I am enclosing copy of Ordinance No. 29201, rezoning a tract of land containing one acre, more or less, located at 332 Fugate Road, N. E., described as Official Tax No. 3101209, from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, which Ordinance was adopted by the Council of the City of Roanoke on first reading on Monday, July 11, 1988, also adopted by the Council on second reading on Monday, July 25, 1988, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk ~FP: r a Eric o pc: Mr. R. W. Moler, 328 Fugate Road, N. E., Roanoke, Virginia 24012 Mr. Carl R. Dehart, 340 Fugate Road, N. E., Roanoke, Viryinia 24012 ~4s. ~wendolyn S. Craft, 3014 Collingwood Street, N. E., Roanoke, Virginia 24012 Ms. Anna T. Reynolds, 3018 Collingwood Street, N'. E., Roanoke, Virginia 24012 Mr. William R. Hurd, 3022 Collingwood Street, N. E., Roanoke, Virginia 24012 Mr. L. W. Weaver, Sr., 3030 Collingwood Street, N. E., Roanoke, Virginia 24012 Room 456 Municipal Buildl~ 215 C~urch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. & Mrs. George Page 2 July 27, 1988 I. Vogel, pc: Mr. Berkely B. NewbiIl, Jr., 2919 Bradley Street, N. E., Roanoke, Virginia 24012 Mr. Frank E. Dooley, 335 Fugate Road, N. E., Roanoke, Virginia 24012 Ms. Mary Q. Payne, 3105 Eilsworth Street, N. E., Roanoke, Virginia 24012 Mr. Sherman E. Craighead, P. O. Box 147, Boones Mill, Virginia 24065 Mr. Bill Graham, 3014 CoIIingswood Street, N. E., Roanoke, Virginia 24012 Mr Wayne G. Strickland, Executive Director, Fifth Planning D strict Commission, P. 0. Box 2569, Roanoke, Virginia 24010 Mr Mr Mr Mr Mr Mr Mr Mr Mr Administrator Mr. John R. Commission Ms. W. Robert Herbert, City Manager Von W. Moody, III, Director of Real Estate Valuation Michael M. Waldvogel, Chairman, City Planning Commission L. EIwood Norris, Chairman, ~oard of Zoning Appeals William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations William M. Hackworth, Assistant City Attorney Charles M. Huffine, City Engineer RonaId H. Miller, Building Corr~issioner and Zoning Marlies, Agent/Secretary, City Doris Layne, Office of Real Estate Valuation Planning IN THE COUNCIL OF THE CITY OF ROANOKE, The 25th day of July, 1988. No. 29201. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 310, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to cer- tain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $36.1-693, Code of the City of Roanoke (1979), as amended and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council at its meeting on July 11, 1988, after due and timely notice thereof as required by $36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid applica- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 310 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Property described as a tract of land in the City containing one acre, more or less, located at 332 Fugate Road, N. E., designated on Sheet No. 310 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3101209 be, and is hereby rezoned from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, subject to those conditions proffered by and set forth in the Amended Petition to Rezone filed with the City Clerk on June 10, 1988, and that Sheet No. 310 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission July 11, 1988 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from George I. Vogel, II and Helen M. Vogel, that approximately one acre of land on Fugate Road, N.E., designated as Official Tax No. 3101209, be rezoned from PM-l, Residential Multi-family Low-density District to RM-2, Residential Multi-family Medium-density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: A. Petition to rezone was submitted on April 13, 1988. Original purpose of the rezoning was to construct a six-unit apartment building. Plannin$ Comission public hearing was held on June 1, 1988. Mr. Bill Graham (3014 Collingswood Street) appeared before the Commission to speak in opposition to the proposed rezoning request. Mr. Graham noted that the area was primarily single family and felt that the proposed density was too high. Mrs. Gwendolyn Craft Graham also spoke in opposition to the requested rezoning. She noted that many of the residents in the neighborhood were retired persons and was concerned that the apartment would be rented to tenants with children and pets. She felt that apartments were not appropriate for the area. Amended petition to rezone was filed on June 7, 1988. The petition was amended to reduce the number of apartment units requested from six units to four units. Proffered conditions are as follows: Room 355 Municipal Building 215 Church Avenue S.~ P,~anoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 July 11, 1988 II. The property will be developed in substantial compliance with the plan prepared by The Works, Inc., Designers, Builders, and Developers, dated June, 1988, subject to any changes required by the City during site plan review. The front elevation of the structure shall be as shown on the aforesaid plan prepared by The Works, Inc., Designers, Buildings and Developers, dated June, 1988. Issues: Zonin~ is RM-1. Zoning in the area is primarily RM-1. Individual properties zoned RM-2 are located to the east and north. These properties were rezoned in 1971 and 1968. Land use is primarily single-family residential. Duplex units are scattered in the area. One apartment building is located on Ellsworth Street just north of the subject property. The other rezoned property is vacant. C. Utilities are available. Traffic on Fugate Road is estimated to be approximately 1,600 vehicles per day, which is slightly above the normal volume for a residential street. Neighborhood has been concerned with changes in density in the past. Maintenance of neighborhood character has been emphasized. F. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected. New housing and housing types should be encouraged to respond to current needs and trends. New housing development should relate to the existing neighborhood character. II. Alternatives: A. City Council approve the rezoning request. Zonin~ becomes conditional RM-2. Up to 16 units would be permitted on the property, were it not for the applicant's proffer of a site plan which limits development to four units. 2. Land use would be higher density residential. 3. Utilities not an issue. Traffic to be generated would be about 37 vehicles per day. ~ugate Road would not be significantly affected. Roanoke City Council Page 3 July 11, 1988 BJ City Comprehensive Plan would be followed. Residential character of the neighborhood would be protected. Council deny the rezoning request. 1. Zonin~ remains RM-1. Land use restricted to low-density residential (i.e., single-family or duplex). 3. Utilities not an issue. 4. Traffic not an issue. 5. Comprehensive Plan followed. IV. Recommendation: The Planning Commission approved the requested rezoning request by a vote of 6-0 (Mr. Price absent). The Commission recognized that the residents were concerned, but felt that the proposed four-unit apartment building would not be detrimental to the neighborhood. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission ~9{W:JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner IN RE: IN THE COUNCIL OF THE CITY OF ROANOKEt VIRGINIA Rezoning of a tract of land lying on the northerly side of Fugate Avenue, N.E., Street address 332 Fugate Avenue, N.E., City Tax #3101209, from RM-1 to RM-2, such rezoning to be subject to certain conditions. AMENDED PETITION TO REZONE TO THE HONORABLE MAYOR A~D MEMBERS OF THE COUNCIL OF THE OF ROANOKE: CITY The Petitioners, George I. Vogel, II and Helen M. Vogel, own land in the City of Roanoke containing one acre, more or less, located at 332 Fugate Avenue, N.E., City Tax #3101209. Said tract is currently zoned RM-1. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979). as amended, the Petitioners request that the said property be rezoned from RM-1 District to RM-2 District, for the purpose of permitting the construction of a 4-unit apartment building on a portion of said tract, subject to the following proffered conditions: 1) The property will be developed in substantial complianoe with plan prepared by The Works, Inc., Builders and Developers dated June, 1988, subject required by the City during site plan review. Designers, to any changes 2) shown on the aforesaid plan prepared by The Works, Inc., Builders and Developers dated June, 1988. The Petitioners believe the rezoning of the said The front elevation of the structure shall be as Designers, numbers adjacent to or immediately across a street or road property to be rezoned. WHEREFORE, the Petitioners request that the tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will permit construction of rental housing in keeping with the current use of the land in the area of the requested rezoning. Attached as Exhibit B are the names, addresses and tax of the owner or owners of all lots or property immediately from the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 8th day of June, 1988. ?~spectfully suited, ~e~r~e/I~'V~gel, II - Roanoke, VA 24010 (703) 982-1220 Official Tax Number 3101208 3101210 3101212 3101213 3101214 3101216 3100315 3100316 3160458 3101217 3160457 EXHIBIT B Owner's Name and Mailing Addres:~ R. W. Moler - 328 Fugate Ave., NE - 24012 Carl R. Dehart -340 Fugate, NE - 24012 Gwendolyn S. Craft -3014 Collingwood - 2401 Anna T. Williams - 3018 Collingwood 2402 William R. Hurd- 3022 Collingwood st.- 24012 L.W. Weaver, Sr.-3030 Collingwood St.- 24012 Berkle¥ B. Newbill,Jr. 2919 Bradley St.,NE- 24012 Frank E. Dooley - 335 Fugate, NE 24012 Mary Quillan Payne - 3105 Ellsworth St.,NE 24012 L.~. Weaver - 3030 Collingwood St., N.E. 24012 Sherman E. Craighead - p. O. Box 147 - Boones Mill, VA 24065 LOCATION t I j FU6.ATF' ~ '7'~Ac.. 7 A i ~1003 ~ :" ' · -~ ' ~-- ! I ------existing duplex 6 units total no. re. is Jori project number: sheet: P-1 Office of the Qty CJerk June 22, 1988 File #51 Mr. & Mrs. George I. Vogel, P. 0. Box 2420 Roanoke, Virginia 24010 II Dear Mr. & Mrs. Vogel: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that approximately one acre of land on Fugate Road, N. E., identified 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, subject to certain proffered conditions. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, July 11, 1988, at 8:00 p.m., in the Council Chamber, fourth floor of the Municipal Building. were prepared by the Ordinance and if you William M. Hac~worth, For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which City Attorney's Office. Please review the have any questions, you ,nay contact Mr. Assistant City Attorney, at 981-2431. Sincerely, /?~.A~ Mary F. Parker, C~ City Clerk MFP:ra Enc· pc: Mr. R. W. Moler, 328 Fugate Road, N. E., Roanoke, Virginia 24012 Mr.. Carl ~. Oehart, 340 Fugate Road, N. E., Roanoke, Virginia 240.12 Ms. Gwendolyn S. Craft, 3014 Collingwood Street, N. E., Virginia 24012 Room 456 Municipal Building 215 Church A',~nue, S.W. Roonoke. 'vl~nia 24011 (703) 981-2541 Mr. & ,Hrs. George Page 2 June 22, 1988 I. Vogel, II Ms. Anna T. Reynolds, 3018 Collingwood Street, Roanoke, Virginia 24012 Mr. William R. Hurd, 3022 Collingwood Street, ¥. E. Roanoke, Virginia 24012 ' .~r. L. W. Weaver, Sr., 3030 Collingwood Street N. E.· Roanoke, Virginia 24012 Mr. Berkely B. Newbill, Jr., 2919 Bradley Street N. E. Roanoke· Virginia 24012 ' ' Mr. Frank E. Dooley, 335 Fugate Road, N. E. Roanoke, Virginia 24012 ~fs. Mary ~. Payne, 3105 Ellsworth Street N. E. Roanoke· Virginia 24012 ' ~r. Sherman E. Craighead, po O. Box 147 8oones ~ill Virjinia 24065 * Mr. Bill Graham, 3014 Collingswood Street N. E. Roanoke· Virginia 24012 ' · Mr. Wayne G. Strickland, E~ecutive Directoc, Fifth Planning District Commission, p. O. Bo~ 2569~ Roanoke· Virg nih 24010 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Van W. Moody, III, Director of Real Estate Valuation Michael ~. Waldvogel, Chairman, City Planning Commission L. Elwood Norris, Chairman, Board of Zoning Appeals William F. Clark, Director of Public Works Kit ~. ~iser, Director of Utilities and Operations William M. Hack'worth, Assistant City Attorney Charles M. Huffine· City Engineer Ronald H. Miller· Building Commissioner and Zoning Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation Mr. Mr. Mr. Mr. Mr. Mr. Mr. Administrator ~r . John R. Commission Ms. Doris Layne, Office of the City Cle~ June 14, 1988 File #51 Mr. Michael ~. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, ! am enclosing copy of an amended petition from Mr. & Mrs. George I. Vogel, II, requesting that a tract of land containing one acre, more or less, located at 332 Fugate Avenue, N. E., designated as Official Tax No. 3101209, be rezoned from ~M-1, Residential Multi-Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain proffered conditions, Sincerely, $l~.~.~~ Mary F. Parker, CMC City Clerk MFP:ra EnCo pc: Mr. & Mrs. George I. Vogel, II, P. O. Box 2420, Virginia 24010 Mr. John R. Marlles, Agent/Secretary, City Commission Mr. Ronald H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Roanoke, Planning Room456 MunlclpalBuildlng 215 (~urch Avenue, S.W. Roanoke, Vlrg~nio24011 (703)98~-2541 ROANO~,E TIM~S ~ wLJRLD-i~E~S AL NUHoER - PUBLISHER'S FEE - CITY GF ROANUKE ~/U MARY F PARKER CITY CLERKS OFFICE ROOM 450 MUNICIPAL ROANOKE VA 2~01l STALE OF VIRdiNIA CITY OF ROANOKE AFFiGAVII OF PUBLiCATiON t, (THE oNOERSI~NECI ~N OFFICER UP TIMES-WORLD ~ORPUR~TION, WHICH COR- PORATION lb PUBLISHER OF THE ROANOKE TIME~ G ~O~LU-NE~S~ A DALLY NE~SPAPc~ PUbLiSHED iN KOANOKE, tN VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE ~A3 PUBLISHED iN SAfO ON [HE EOLLu~ING OATES oo/2~/a6 HOkNtNG O7/O1/86 MO~NING wITNESS, THIS 5TH DAY OF JULY OFI:ICER'S 3I~NAfU~ -p, NOTICE OF PUBL.lc HEARING TO WHOM IT ~A~Y CONCERN: NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, July 11, 1988, at 8:00 p.m., in the Council Chamber in the Municipal Bqilding, 215 Church Avenue, S. W., in the said city, on the question of rezoning from RM-1, Residential Multi-Family, Low Density District, to RM-2, Residential Multi-Family, Medium Density District, the following property: A tract of land, containing one acre, more or less, located at 332 Fugate Road, N. E., bearing Official Tax No. 3101209. This rezoning is to be subject to certain conditions prof- fered by the petitioner. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail 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 F. 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 Parker, City Clerk Please bill to: Ms. Mary'F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of ~he G~y Clerk April 14, 1988 File #51 Mr. Michael M. Waldvoget Chairman City Planning Corr~nission Roanoke, Virginia Dear Mr. Watdvogel: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, [ am enclosing copy of a petition from Mr. & Mrs. George I. Vogel, II, requesting that a tract of land containing one acre, more or less, located at 332 Fugate Avenue, N. E., designated as Official Tax No. 3101209, be rezoned from R~-I, Residential ~lti-Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain proffered conditions. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:ra Enc. pc: Mr. & Mrs. George I. Vogel, II, P. O. Box 2420, Virginia 24010 Mr. John R. Marlles, Agent/Secretary, City Commission Mr. Ronatd H. Miller, Zoning Administrator Mr. William M. Hackworth, Assistant City Attorney Roanoke, Planning Room456 MunldpalButldlng 2150~urchAv~'~ue, S.W. Roono~e, Vl~nla24011 (703)981-2541 IN RE: IN THE CO~3.~.~.~ DF%THE QiTY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying on the northerly side of Fugate Avenue, N.E., Street address- 332 Fugate Avenue, N.E., City Tax 93101209, from RM-1 to RM-2 PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, George I. Vogel, II and Helen M. Vogel, own land in the City of Roanoke containing one acre, more or less, located at 332 Fugate Avenue, N.E., City Tax $3101209. Said tract is currently zoned RM-1. A map of ~he property to be rezoned is attached as Exhibit A. Pursuan~ to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979) as amended, the Petitioners request that the said property be rezoned from RM-1 District to RM-2 District, subject to certain conditions set forth below, for the purpose of permitting the construction of a 6-unit apartment building on a portion of said tract. The Petitioners believe the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will permit construction of rental housing in keeping with the current use of the land in the area of the requested rezoning. Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 13th day of April, 1988. Respectfully submitted, ~cur~I. Vogel, II ~len M.' 'Vog~/ P. O. Box 2420 Roanoke, VA 24010 (703)982-1220 - 2 - Official Tax Number 3101208 3101210 3101212 3101213 3101214 3101216 3100315 3100316 3160458 3101217 5160457 R. W. Moler 328 Fugate Ave., NE Carl R. Dehart -340 Fugate, NE - EXHIBIT B Owner's Name and Mailing Address 24012 24012 Gwendolyn S. Craft -3014 Collingwood - 2401; Anna T. Williams - 3018 Collingwood - 2401; William R. Hurd- 3022 Collingwood St.- 24012 L.W. Weaver, Sr.-3030 Collingwood St.- 24012 Berkle¥ B. Newbill,Jr. 2919 Bradley St.,NE- 2401; Frank E. Dooley - 335 Fugate, NE - 24012 Mary Quillan Payne - 3105 Ellsworth St. ,NE 24012 L.W. Weaver ~ 3030 Collingwood St., N.E. 24012 Sherman E. Craighead - P. O. Box 147 - Boones Mill, VA 24065 -FUGATE k~AP klE _ STREET~] STRE E T ~'~ ~ COLLINGWOOD I E 1,10130 /~'~_ ~ ~/~00 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: '~9 ~2~ ~I George I. Vogel, III and Helen M. Vogel, that approximately one) acre of land on Fugate Road, NE, designated 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, such rezoning to be subject to certain con- ) ditions proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 9th day of May, notices of a public hearing to be held on the 18th day of May, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PA/tCEL 3101208 3101210 3101212 3101213 3120214 3120216 3120217 3100315 3100316 3160458 3160457 OWNER, AGENT OR OCCUPANT ADDRESS R. W. Moler 328 Fugate Avenue, NE Roanoke, VA 24012 Carl R. Dehart 340 Fugate Avenue, NE Roanoke, VA 24012 Gwendolyn S. Craft 3014 Collingwood Street Roanoke, VA 24012 Anna T. Williams 3018 Collingwood Street Roanoke, VA 24012 William R. Hurd 3022 Collingwood Street Roanoke, VA 24012 L. W. Weaver, Sr. 3030 Collingwood Street Roanoke, VA 24012 Berkley B. Newbill, Jr. 2919 Bradley Street, NE Roanoke, VA 24012 Frank E. Dooley 335 Fugate Avenue, NE Roanoke, VA 24012 Mary Qulllan Payne 3105 Ellsworth Street Roanoke, VA 24012 Sherman E. Craighead P. O. Box 147 Boones Mill, VA 24065 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 10th day of May, 1988. My Co~nission Expires: Notary Public TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING ~QU~ST~F: Request from George I. Vogel, II and Helen M. Vogel, that approxi-) mately 1 acre of land on Fugate Road, NE, designated as Official ) Tax No. 3101209, be rezoned from PM-l, Residential Multi-family ) Low Density District to PM-2, Residential Multi-family Medium- ) density District, subject to certain proffered conditions. ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha P. Franklin, first being duly sworn, states that she is secretary to the Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 23rd day of May, notices of a public hearing to be held on the 1st day of June, 1988, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: OWNER, AGENT OR OCCUPANT PARCEL 3101209 3101210 3101212 3101213 3101214 3101216 3101217 3100315 3100316 3160458 3160457 R. W. Moler Carl R. Dehart Gwendolyn S. Craft Anna T. Reynolds William R. Hurd L. W. Weaver, Sr. Berkely B. Newbill, Jr. Frank E. Dooley Mary Q. Payne Sherman E. Craighead ADDRESS 328 Fugate Road, NE Roanoke, VA 24012 340 Fugate Road, NE Roanoke, VA 24012 3014 Collingwood Street Roanoke, VA 24012 3018 Collingwood Street Roanoke, VA 24012 3022 Collingwood Street Roanoke, VA 24012 3030 Collingwood Street Roanoke, VA 24012 2919 Bradley Street, NE Roanoke, VA 24012 335 Fugate Road, NE Roanoke, VA 24012 3105 Ellsworth Street Roanoke, VA 24012 P. O. Box 147 Boones Mill, VA 24065 Martha P. Franklin SUBSCRIBED AND SWORN before, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of May, 1988. My Commission Expires: ~Notary Phblic ~ Office of the City Clerk July 27, 1988 File #67-25 Mr. W. Robevt Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29236, authorizing accep- tance of settlement of the City's claim against Insurance Company of North America for release and discharge of such company for claims arising out of loss of funds by the City Parks and Recreation Department, which Ordinance was adopted by the Council of the City of Roanoke at a regular meeting held on ~onda~, July 25, 1988. · Mary F. Parker, C~C City Clerk MFP: ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Jimmie 6. Layman, Manager, Parks and Recreation and Room456 MunicipalBuildlng 215 Church Ave~ue, S.W. Roanoke, Virglnia24011 (703)98'/-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 25th day of July, 1988. No. 29236. AN ORDINANCE authorizing the acceptance of an offer of settlement of the City's claim against Insurance Company of North America upon certain terms and conditions; authorizing the appropriate City officials to execute a release of claim and related documentation; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City hereby accepts the offer of settlement of $21,000.00 by Insurance Company of North America for release and discharge of such company from claims arising out of loss of funds by the City Parks and Recreation Department. The City's claim is designated as No. 140B 676217-3/RAE. 2. The City Manager or Assistant City Manager is authorized to execute a release of claims and an assignment of the City's claims against any present or past employees of the Department of Parks and Recreation and any other necessary documentation. The form of such documentation shall be approved by the City Attorney. municipal ordinance In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this shall be in full force and effect upon its passage. Attest: City Clerk.