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HomeMy WebLinkAboutCouncil Actions 05-21-01WHITE 35346 ROANOKE CITY CO UNCIL REGULAR SESSION MA Y 21, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. Mr. Hudson was absent. The Invocation was delivered by The Reverend Frank W. Feather, Pastor, Forest Park Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, May 24, 2001, at 7:00 p.m., and Saturday, May 26, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT www.roanokegov.com, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541 TO OBTAIN AN APPLICATION. 2 PRESENTATIONS: IT~heOdMuction of special guests. ayor welcomed a delegation of Ukrainian professionals who are visiting the United States and focusing on environmental issues, with an interest in learning more about how industry and government work together to improve the environment and to gain information about the toxic release inventory system being implemented in the United States. Proclamation declaring Saturday, May 26, 2001 as Lifeguard 10 Day. File #3-221 e CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #110-132 Concur in request Meeting. to convene in Closed A communication from the Honorable C. Nelson Harris, Chair, City Council Personnel Committee, requesting a Closed Meeting to discuss the performance of two Council-Appointed officers, pursuant to Section 2.1 ~344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #110-132 Concur in request to convene in Closed Meeting. 3 / A communication from the City Manager requesting a Closed Meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #2-104 Concur in request to convene in Closed Meeting. A communication from the City Manager recommending that a public hearing be advertised in connection with transferring real property in the Roanoke Centre for Industry and Technology to Blue Hills Golf Corporation and Anderson Wade Douthat, respectively. RECOMMENDED ACTION: Concur in recommendation. File #104-166 A communication from Lu Jean Bedard tendering her resignation as a member of the Roanoke Arts Commission, effective immediately. RECOMMENDED ACTION: File #110-230 Receive and file communication and accept the resignation. Qualification of the following persons: Rolanda A. Johnson as Assistant City Manager, effective May 1,2001; File #15-104-115 Brenda A. Powell as a member of the Fair Housing Board for a term ending March 31, 2004; and File #15-110-178 Alfred T. Dowe and Richard A. Rife as members of the City Planning Commission for terms ending December 31, 2004. File #15-110-200 RECOMMENDED ACTION: Receive and file. 4 A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting on a personnel matter to discuss employment of a person by the City for a specific public purpose, pursuant to Section 2.1-344(A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File #132 Concur in request to convene in Closed Meeting. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: Request to discuss the film industry, its economic impact on the community, and establishment and financing of the Virginia Highlands Film Office. Camille Lownds, Director, Virginia Highlands Film Office, Spokesperson. Received and filed. File #207-450 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board requesting the close out of 46 school grants which have been completed; and a report of the Director of Finance recommending that Council concur in the request. Concurred in the recommendation. File #1-236-467 A communication from the Roanoke City School Board requesting appropriation of funds to certain school accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Ordinance No. 35346-052101 (5-0, Council Member Bestpitch was out of the Council Chamber when the vote was recorded.) File #1-467 5 A communication from Charles P. Shimer, representing the Industrial Development Authority of Montgomery County, requesting concurrence in a resolution adopted by the Authority and approval of a loan for the benefit of Virginia Tech Foundation, Inc., to assist in financing a portion of the cost of acquiring a two-acre parcel of land and construction of an 11,000 square foot building located at 121 Duke of Glouchester Street in the City of Roanoke to be owned by the Foundation and used by its WVTF Radio Station, with other portions of the proceeds to be used to finance facilities in Blacksburg and Alexandria. Adopted Resolution No. 35347-052101 (6-0) File #2-32-207-258-329 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A communication recommending execution of Amendment No. 5 to the engineering services contract with Black and Veatch, in connection with the Roanoke River Interceptor Sewer Project, in the amount of $75,000.00; and transferring funds in connection therewith. Adopted Ordinance No. 35348-052101 and Resolution No. 35349-052101 (6-0) File #27 A communication recommending issuance of Change Order No. 1 to the contract with H. & S. Construction Co., for completion of curb, gutter and sidewalk on the south side of Cove Road, N. W., between Abbott Street and Hershberger Road, in the amount of $75,000.00 and 90 additional days of contract time; and appropriating funds in connection therewith. Adopted Ordinance No. 35350-052101 and Ordinance No. 35351-052101 (6-0) File #57 A communication recommending authorization to enter into a contract with Hayes, Seay, Mattern and Mattern, Inc., for engineering services in connection with preliminary design/investigation, final design, and contract administration for rehabilitation of Memorial Bridge, in the amount of$179,850.00; and transferring funds in connection therewith. Adopted Ordinance No. 35352-052101 and Resolution No. 35353-052101. (6-0) File #102 4.~,,~ A communication recommending appropriations in connection with personnel salary lapse funds. Adopted Ordinance No. 35354-052101 (6-0) File #385 A communication recommending execution of an amendment to the agreement with the Williamson Road Area Business Association, Inc., to eliminate the restriction on the amount of Special Service District funds that may be used for overhead expenses by the Association. Adopted Ordinance No. 35355-052101 (6-0) File #342-380 A communication with regard to membership of the Regional Community Criminal Justice Board. Adopted Resolution No. 35356 (6-0) File #242 bo CITY ATTORNEY: A report transmitting an ordinance repealing and replacing Resolution No. 35285-041601; and accepting the bid of Lanford Brothers Co., Inc., for various repairs to four bridges within the City, upon certain terms and conditions. Adopted Ordinance No. 35357-052101 (6-0) File #102 7 A report transmitting an ordinance repealing and replacing Resolution No. 35286-041601; and accepting the bid of Breakell, Inc., for ballfield improvements at two parks within the City, upon certain terms and conditions. Adopted Ordinance No. 35358-052101 (6-0) File #67 A report with regard to the Railside Linear Park Adopted Ordinance No. 35359-052101 and Ordinance No. 35360-052101 (5-0, Mayor Smith abstained from voting.) File #392 6.REPORTS OF COMMITTEES- A report of the Bid Committee recommending award of a contract to Virginia Infrastructure, Inc., to connect inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street, in connection with the Garden City Storm Drain Project - Phase 7, in the amount of $80,236.00 and 120 consecutive calendar days; transferring funds in connection therewith; and a statement of concurrence by the City Manager in the recommendation. Council Member W. Alvin Hudson, Jr., Chair. Adopted Ordinance Nos. 35361-052101 and 35362-052101 (6-0) File #57-110 A report of the Bid Committee recommending award of a contract to Cycle Systems, Inc., for provision of recycling services for paper, bottle and can commodities; and a statement of concurrence by the City Manager in the recommendation. Council Member W. Alvin Hudson, Jr., Chair. Withdrawn. Co A report of the Bid Committee recommending award of a contract to Adams Construction Company for paving and profiling of various streets in the City, in the amount of $1,969,602.91; appropriating and v/~ansfeffing funds in connection therewith; and a statement of concurrence by the City Manager in the recommendation. Council Member W. Alvin Hudson, Jr., Chair. Adopted Ordinance Nos. 35363-052101 and 35364-052101 (6-0) File #110-514 7. UNFINISHED BUSINESS: NONE. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 35320, on second reading, changing the rate structure and establishing a revised rate schedule for septic tank disposal fees and for certain water rates and related charges for services provided by the City, effective August 1, 2001; and directing amendment of the Fee Compendium. Adopted Ordinance No. 35320-052101 (5-1, Ms. Wyatt voted no.) File #27-289 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Vice-Mayor Carder commended the Roanoke City School Board and School officials on a recently conducted tour of City schools for real estate agents. Council Member Bestpitch advised that he has a conflict of interest with regard to Resolution No. 35319-050701, which was adopted by Council on Monday, May 7, 2001, that authorizes the City Manager to submit an approved annual update to the HUD Consolidated Plan for Fiscal Year 2001-2002, which Plan includes funding for the YMCA. Inasmuch as his spouse is employed by the YMCA, he requested that he be permitted to change his affirmative vote to an abstention. Council unanimously concurred in the request. 9 10. Council Member Wyatt acknowledged the contributions of the SherifFs Office and City Jail inmates in connection with construction of the new joint training facility for Fire and EMS personnel. Council Member White requested that the matter of acknowledging the contributions of Deborah Moses, Executive Director, Hotel Roanoke Conference Center, and others in connection with resolving construction problems at the Hotel Roanoke Conference Center be referred to the City Manager, City Attorney and City Clerk for preparation of the proper measure for adoption by Council at its regular meeting on Monday, June 4, 2001. Council reaffirmed its opposition to the proposed routing of 1-73 through the southeast quadrant of the City, and instructed the City Manager to communicate Council's position to the appropriate Virginia Department of Transportation officials and to the City's representatives to the General Assembly. (Mayor Smith voted no.) Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. AT 3:15 P.M. THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS AND IMMEDIATELY RECONVENED IN THE CITY COUNCIL'S CONFERENCE ROOM FOR THE PURPOSE l0 OF CONDUCTING A STAFF BRIEFING WITH REGARD TO REGIONAL REFUSE COLLECTION. A staff briefing on regional refuse collection was received and filed. Two Closed Sessions were held immediately following the briefing in the Council's Conference Room. CERTIFICATION OF CLOSED SESSION. (6-0) THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS TO BE RECONVENED AT 7:00 P. M., IN THE COUNCIL CHAMBER, FOURTH FLOOR, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., CITY OF ROANOKE. ROANOKE CITY CO UNCIL REGULAR SESSION MA Y 21, 2001 7:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mr. Hudson was absent. The Invocation was delivered by Council Member William D. Bestpitch. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, May 24, 2001, at 7:00 p.m., and Saturday, May 26, 2001, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 12 Ae PUBLIC HEARINGS: Public hearing on a request of John G. Moore, Jr., that a tract of land lying at 1901 Memorial Avenue, S. W., being a portion of Lot 15, Block 5, Section 1, Virginia Heights, identified as Official Tax No. 1330303, be rezoned from C-l, Office District, to CN, Neighborhood Commercial District. John G. Moore, Jr., Spokesperson. Adopted Ordinance No. 35365-052101 (6-0) File #51 Council authorized the City Manager to negotiate the acquisition of property across Orange Avenue from the Roanoke Civic Center for construction ora multi-purpose facility (stadium and amphitheater), at a project cost not to exceed $18 million, with a report back to Council on negotiations. Public hearing on a request of Oakley L. Covey that property located at the northwest comer of the intersection of Old Salem Road and Overland Avenue, S. W., located at 3233 Old Salem Road, identified as Official Tax No. 5210402, be rezoned from LM, Light Manufacturing District, to RS-2, Single-Family Residential District. Ross C. Hart, Attorney. Adopted Ordinance No. 35366-052101 (6-0) File #51 Public hearing on a request of CHS, Inc., and Calvert L. Saunders, Vice President, Administration, Moore's Lumber and Building Supplies, Inc., that a tract of land located on the north side of Franklin Road, S. W., at its intersection with Roberts Road, containing 7.2716 acres, more or less, identified as Official Tax No. 1280602, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions. Michael G. Ballantyne, Officer, CHS, Inc., Spokesperson. Adopted Ordinance No. 35367-052101 (5-0, Council Member White abstained from voting.) File #51 13 Public hearing to receive citizen input on a proposed conveyance of City-owned property identified as Official Tax Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W., to Roanoke Downtown Properties, LLC, or its assigns. Darlene L. Burcham, City Manager. No action was taken. Public hearing on a proposed amendment to Section 7-1, Penal _ty for violations of chapter, Section 7-3, Building commissioner appointed enforcing official, and Subsections (a) and (b) of Section 7-45, Appeals, of Chapter 7, Building Regulations; and amending subsection (d) of Section 36.1-327, Historic district regulations; certificate of appropriateness, and subsection (f) of Section 36.1-345, District regulations; certificate of appropriateness, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for code officials responsible for inspections under, and enforcement and administration of, the property maintenance code and all other codes within the building code, and the delegation of authority of those officials. Darlene L. Burcham, City Manager, and D. Kent Chrisman, Chair, City Planning Commission. Adopted Ordinance No. 35368-052101 (6-0) File//24 Public hearing on a proposed amendment of Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned United Development District; and amending Section 36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district. D. Kent Chrisman, Chair, City Planning Commission. Adopted Ordinance No. 35369-052101 (6-0) File #24-51 o Public hearing to receive citizen input on the proposed lease of City- owned property located at 515 and 530 Eighth Street, S. W., identified as Official Tax Nos. 1113111 and 1113210, to the Commonwealth of 14 Virginia Department of Health, for a period of three years. Burcham, City Manager. Adopted Ordinance No. 35370-052101 (6-0) File//22-166-373 Darlene L. Public hearing to receive citizen input on a proposed encroachment of an overhead projection sign extending at least 11 feet above the sidewalk and approximately 18 inches into the public right-of-way adjacent to property located at 110 Church Avenue, S. W., identified as Official Tax No. 1012211. Darlene L. Burcham, City Manager Adopted Ordinance No. 35371-052101 (5-0, Mayor Smith abstained from voting.) File//107 B. OTHER HEARING OF CITIZENS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Jim Fields, 17 Ridge Crest Road, Hardy, Virginia, inquired as to the fate of Victory Stadium in view of Council's previous motion to negotiate for acquisition of property across Orange Avenue from the Roanoke Civic Center for construction of a multi-purpose facility. He requested that Victory Stadium, at its current location, continue to be used by the City. Mr. Robert Gravely, 1412 Moorman Road, N. W., addressed Council with regard to increased wages for the City work force. COUNCIL RECONVENED IN CLOSED SESSION TO DISCUSS TWO PERSONNEL MATTERS. CERTIFICATION OF CLOSED SESSION. (6-0) RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May 21,2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Hams W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. l~~incerely, ph K. Smith Mayor RKS:sm N:\cksml~Agenda,01\Closed Session on Vacancies.wpd RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May 21,2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I wish to request a Closed Meeting to discuss the performance of two Council-Appointed Officers, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, C. Nelson Harris, Chair City Council Personnel Committee CNH:sm N:\cksmlV~genda.Ol\Closed Session on Performance Evaluations.wpd Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of City Council: SUBJECT: Request for Closed Meeting This is to request that City Council convene a closed meeting to discuss the acquisition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1- 344.A.3, Code of Virginia (1950), as amended. Respectfully submitted, Darlene ~~ City Manager DLB:ca C~ City Attorney Director of Finance City Clerk Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (5'~0) 853-2333 CityWeb:www. ci,roanoke.va,us FAX (540) 853-1138 Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable VVilliam H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Roanoke Centre for Industry and Technology Property Transfers During the grading and development of three new sites (Tracts A, B and F), in Roanoke Centre for Industry and Technology (RCIT), two adjoining property owners have requested small portions of real property be conveyed to the adjoining owners. These adjoining owners are 1) Blue Hills Golf Corp. and 2) Anderson Wade Douthat, Et al. 1) Blue Hills Golf Corp. seeks approximately 14,000 square feet of property to resolve an encroachment of golf facilities onto City owned property. The area to be transferred is bounded by an existing fence. A map of the area is provided as Attachment 1. Blue Hills Golf Corp. has agreed to provide all necessary surveys and other documents for the transfer at no cost to the City. Additionally, they have agreed to make Blue Hills Golf Corp. facilities available to support a youth golf program. In general, 24 junior golf memberships would be provided for a period of two years. The program would include on site golf instruction, green fees and an annual tournament. Access to golf facilities would be limited to afternoons, Monday through Friday. 2) Anderson Wade Douthat, Et al seeks approximately 12,000 square feet of property to provide a landscaped buffer area between the RCIT sites and an existing construction storage yard and communications tower. The property to be transferred is a strip approximately 20 feet in width that adjoins the tower site. A map of the area is provided as Attachment 2. Anderson Wade Douthat has proposed providing additional site grading work at RCIT, valued at approximately $9,000 in exchange for the requested property. Anderson Wade Douthat will assume all costs associated with the proposed transfer and provide landscaping in the area to be conveyed at no cost to the City. Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Members of Council May 21, 2001 Page 2 Recommended Actions: Authorize a public hearing on the disposition of surplus property. Following a public hearing, authorize the City Manager to execute all necessary agreements and other documents to convey the real property owned by the City of Roanoke [Grantee is to be responsible for all title work, surveying, plat preparation, and preparation of legal documents], subject to terms and conditions acceptable to the City Manager, as follows: 1) To Blue Hills Golf Corp., approximately 14,000 square feet of property in general conformance with Attachment 1. 2) To Anderson Wade Douthat, Et al, approximately 12,000 square feet of property in general conformance with Attachment 2. Respectfully submitted, City Manager DLB/PCS/bls Attachments C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00081 \ \ iI I t / / / I I II II I ,, t \ \ \ ~\\ \\,\,% \ ATTACHMENT 2-. ~ \ / '~ ~.~UE /Y~.LS TO ANDERSON WADE DOUTHAT, ET AL 12,000 SF 0.28 ACRES ~-------~_-~ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 i-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON D~puty City Clerk May 25, 2001 File #110-230 Ms. Lu Jean Bedard 933 Welton Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Bedard: Your communication tendering your resignation as a member of the Roanoke Arts Commission, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. On motion, duly seconded and adopted, the communication was received and filed, and your resignation was accepted. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission from November 28, 1994 to May 21, 2001. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:~lc~4~ll~4;lenda.01'~lay 21, 2001 cones0ondence.v4xl Ms. Lu Jean Bedard May 25,2001 Page 2 pc: Mark S. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E., Roanoke, Virginia 24014 Stephanie M. Moon, Deputy City Clerk N:~'nl~Agenda.01'dvlay 21,2001 corres~on~lence.wlxl May 8, 2001 I421 Th,rd SI., Ruanuke, VA 24016 {5401 982-2208 Fax {540) 982.76~7 I I l0 V~ Rd., Vmton, VA 24179 (5~) 343-5~4. Pc~mc 1616 R~}e ~., ~e. I~, Dg~dle, VA (540} 992-4~I ~x (540) Mark McConncl, Chairperson Roanoke Arts Commission City Clerk's Office 215 Church Avenue, SW Roanokc, VA 24011 Dear Mark: Duc to increasing personal and professional obligations, I am resigning from the Roanoke ~ Commissiou effcctivc ~oday. During my six ycam on this Conmaission I cnjoycd being part of thc effort to inor,msc the visibility of public art m Roanokc. I hope that my service as Treasurer from June 1995 to July 1997 and September 1999 to the present has in some way helped advance thc Commission's missiom As I reflect on my time on thc Commission, the High School Art Show emerges as the most positive event I participated irt. I never tailed to be encouraged by the talent seen yearly in those youthful faces who will somcday takc our places on this Commission. I would be remiss not to mention ~ons during my years on thc Commission. I felt disappointment with myseffbccause, not having an aats-relaled job, [ la~ked professional firr~ to commit m Commission projccts. Additionally, when I look back to the agenda from my first mccQng in January 1995, I scc thc pm.nosed Sister City Sculpture project. I am saddened to note that almost 6 1/'2 years later that project still has not come to fruition! As delegations of local represeumives travel to other U.S. cities to glen id~s for making ou~ Vslley more appealin~ I only hopc they will be introspective enough to examine great ~tcntial projects which became bogged down in bureaucratic red tape. I remain interesmi in the Commission's work and wish only the best for you in thc future. Sincerely, Lu Jean Bedaxd cc: Roanoke City Council Other Locations CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk ? Stephanie M. Moon Deputy City Clerk May 25, 2001 File #15-104-110 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: This is to advise you that Rolanda A. Johnson has qualified as Assistant City Manager, effective May 1, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:~f~nl I~Ao enda. O l~,4ay 21,2001 co i'?~l~oixlence .w,lx:l Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Rolanda A. Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Assistant City Manager, effective May 1,2001, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this 7 dayof ~1.~ 2001. ARTHUR B. CRUSH, III, CLERK BY , DIB~d'TY CLERK CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #15-110-178 Dolores C. Daniels, Secretary Fair Housing Board Roanoke, Virginia Dear Ms. Daniels: This is to advise you that Brenda A. Powell has qualified as a member of the Fair Housing Board for a term ending March 31, 2004. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Brenda A. Powell, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Fair Housing Board for a term ending March 31,2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this'~--~-'~day of ~-0%.~ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~Agendas 2001\Corresp April 16, 2001 .wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #15-110-200 D. Kent Chrisman, Chair City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: This is to advise you that Alfred T. Dowe and Richard A. Rife have qualified as members of the City Planning Commission for terms ending December 31,2004. Sincerely, _ ~ Mary F. Pa~r er, CMC City Clerk MFP:sm pc: Martha P. Franklin, Secretary, City Planning Commission Stephanie M. Moon, Deputy City Clerk N:~ks~l~Age~:la.01~May 21, 2001 con'esgonclence.wlx~ Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Alfred T. Dowe, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and tahsa talmW iell fji~ teh; uol Ifyt ~ ~,d(~ i~yP ~ ~tiaanl InYi nd i; Cchoa rjme ~snsd p e ~i e~--~at ~11 tmh ee ndd~ t~ ~slCnjc~ r~ bbeenr t3~ P,°2~) ~4e, according to the best of my ability. I sw~ Subscribed and sworn to before me this'~ ' dav of/-i/k--~ ?001. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK H:~Agendas 2001~April 2 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Richard A. Rife, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City Planning Commission for a term ending December 31,2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this-~'~day of~'[ ~'X~ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKSH l~Agendas 2001 v~nl 2 correspondence.wpd RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May 21,2001 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda E Wyatt The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss a personnel matter relating to the employment of a person by the City for a specific public purpose, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. incerely, · pn K. Smith Mayor RKS:sm N:\cksml~Agenda.Ol\Closed Session on a Personnel Matter.wpd VIRGINIA HIGHLANDS FILM OFFICE PMB 225 3735 FRANKLIN ~DAD BOANOKE, VA. 24014 MAY 1,2001 TO: MARY PAPerER i WOULD LIKE TO APPEAR BEFORE COUNCIL ON MAY 21,2001 TO DISCUSS THE FILM INDUSTRY AND ITS ECONOMIC IMPACT ON THE ~UNITY. I ~,~DULD ALSO LIKE TO DISCUSS THE ESTABLISHMENT AND FINANCING OF OUR FILM OFFICE. I BELIEVE THAT MAYOR RALPH ~4ITH SUGGESTED THE TW~ O'CLOCK M~.TING. SINCERELY YOURS, CAMILLE LOWNDS, DIRECTOR MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk May 25, 2001 File #236-467 Melinda J. Payne, Chair Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: A communication from the Roanoke City School Board requesting the close out of 46 school grants which have been completed, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. On motion, duly seconded and adopted, Council concurred in the request. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board N:~ml~]enda. Ol'~lay 21, 2001 comeslx)ndence.w;x:l '~~1 Melinda J. Payne, Chairman Marsha W. Ellison Brian J. Wishneff , Sherman P. Lea, Vice Chairman Gloria P. Manqs E. Wayne Harris, Ed.D., Superintendent Charles W. Day Ruth C. WillsOn Cindy H. Lee, Clerk of the Board City School Board P.O. Box 13145, Roanoke, Virgh~ 24031 ~'~.540-8~5:~-2381 · Fax: 540-853-2951 May 9, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board at its May 8 meeting voted to request the Roanoke City Council to close-out forty-six school grants that have been completed. Total outlays for the grants amounted to $11,736,173.02. Revenue for the grants was provided as follows: re cc: Federal funds - $7,884,617.23 State funds - $1,456,506.45 Fees and donations - $644,698.29 Local match - $1,750,351.05 The Board appreciates your approval of this request. Sincerely, Cindy H Lee, ler Ms. Melinda ]. Payne Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene L. Burcham Mr. William M. Hackworth Mr. ]ames D. Grisso Mrs. Ann H. Shawver (with accounting details) Preporing Students for Success JAMES D. GRISSO Director of Finance May 21, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P. O. Box 1220 U Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: We have reviewed the attached request to close out forty-six school grants that have been completed. Total outlays for the grants amounted to $11,736,173.02. Revenue for the grants was provided as follows: Federal Funds - State Funds Fees and Donations - Local Match - $7,884,617.23 $1,456,506.45 $ 644,698.29 $1,750,351.05 We recommend that you concur with this request of the School Board. Sincerely, lfector of Finance JDG/JSY/pac C: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of Schools '~~l Melinda J. Payne, Chairman Marsha W. Ellison Brian J. Wishneff Sherman P. Lea, Vice Chairman Gloria P. Mann~s, E. Wayne Harris, Ed.D., Superintendent Charles W. Day Ruth (~.:.Wilisb. h'!" .. :: .... Cindy H. Lee, Clerk of the Board Roanoke ' City School Board P.O. aox 13145, Roanoke, Virgi~ 24,~1' ~'(:'~40P-8~5~J~381 . Fax: 540-853-2951 May 9, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 240~.! Dear Members of Council: The School Board at its May 8 meeting voted to request the Roanoke City Council to close-out forty-six school grants that have been completed. Total outlays for the grants amounted to $11,736,173.02. Revenue for the grants was provided as follows: Federal funds - $7,884,617.23 State funds - $1,456,506.45 Fees and donations - $644,698,29 Local match - $:1.,750,351.05 The Board appreciates your approval of this request. Sincerely, Cindy H Lee, Cl~r re CC: Ms. Melinda 3. Payne Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene L. Burcham Mr. William M. Hackworth Mr..]ames D. Grlsso Mrs. Ann H. Shawver (with accounting details) Preparing Students for Success ROANOKE CITY SCHOOL BOARD Roanoke, Virginia REQUEST TO CLOSE GRANTS The forty-six grants listed below have been completed and should be closed. Total outlays for the grants amounted to $11,736,173.02. Federal funds in the amount of $7,884,617.23, state funds in the amount of $1,456,506.45, fees and donations in the amount of $644,698.29, and local match in the amount of $1,750,351.05 provided revenue for the grants. Grant Appr. Page Number Descdl:tion Unit Amount Number 030-060.6165 T'~Je I Delinquent 98-99 Z17 $ 97,948.00 3 0304360-6170 Even Start 99-00 X19 194,882.66 4 030060-6171 'l-~le I Winter 124-00-1 XIA 2,741,98925 5 030-060-6174 CSRD Grant - Fallon Park School 9(3.(X) XIC 50,000.00 6 030060-6176 CSRD Grant - Roanoke Academy 99-00 XlC 50,000.00 7 030-060.6177 T'~de I Summer 124-00.2 XIA 88,000.06 8 030-060-6178 'l-~le I Camjover 124-00-3 XIA 301,681.66 9 030-060.6249 EisenhowerT'~e II 99-00 X2Q 86,342.00 10 030-060-6250 'l'~e VI 99-00 X2R 152,86326 11 030-060-6251 Class Size Reduction 99-00 X2S 487,7862.1 12 030-06(06318 Governors School 99-00 X3P 1,113,1S6.00 13 030-060-6319 Magnet Schools 99-00 X3Q 843,389.00 14 0~ Innovative Grant- Bmckinddge 99-(X) X3R 312,275.00 15 030-060-6455 Summer Youth Employment 99 X4L 53,500.00 16 03~ Flow Through 99-00 X5F 1,475,696.00 17 0,30-(O0.~)554 Child Development Clinic 99-00 X5G 70,007.51 18 ~ Child Specialty Services 99-(X) X5G 65,830.93 19 030-060-6556 Juvenile Detention Home 9900 X5G 191,178.18 20 030-060.~557 Preschool Incentive 99-00 X,SH 123,288.90 21 030-060-6558 Spedal Education Interpreter Training 99-00 X51 7,503.85 22 030-060.6559 Flowers for Educalion 99-00 X5J 6,651.41 23 0~ Special Education Capacity Building 99-(X) X5K 20,695.00 24 030-060-6602 Thurman Foundation 98-99 X6B 7,500.00 25 030-060-6604 Thun'nan Foundation 99-00 X6D 7,500.00 26 ~ Kaplan SAT Tutorial 00-01 X6E 700.00 27 9304:160-6715 Adult Basic Education 994:)0 Z71 153,95226 26 030-060-6716 Ai~ip 99-00 Z72 115,700.15 29 030-06(06717 Perkins Act 99-00 Z73 383,006.86 30 030-060.6718 Regional Adult Educ. Specialist 99.00 Z74 32,561.62 31 May 8, 2001 Page I Gra Appr. Numl:~r Unit Descfiplion Amount Page Number 030060-6719 030-060-6720 030-060.6721 030-060-6722 030-060-6723 030-060-6724 030-060-6725 030-060-699O 030-060-6997 030-060-6998 030-O60-6999 030-060-6801 030-060-6803 030O6O-68O4 030-060-6808 030-060-6811 Adult Education in Jails 99-00 Regional Adult Literacy (TAP) 99-00 GED Testing 99-00 Opportunity Knocks 99-00 Workplace Education Program 99-00 Regional Adult Basic Education 99-00 Jobs for Virginia Graduates 99-00 Lets Talk 98-99 Adolescent Health Partnership 99-00 Grants Management 99-00 Proje YES 9cJi00 Homeless Assistance 99-00 Altemative Education 99-00 School Administrative Systems 99-00 Leam& Sen/e 99-00 Technology Literacy Challenge 99q)0 Refugee School Impact 99-00 Total Z75 Z76 Z77 Z77 Z77 X78 X79 x9a X9H X91 X9J X8A X8B X8E X8F X8G X8J 20,941.34 127,088.65 7,587.32 4,330.24 20,15827 18,614.50 40,147.64 81121 146,360.00 258,296.00 1,310,992.00 331,667.00 8,590.32 49,924.02 21,533.74 11,736,173.02 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 May 8, 2001 Page 2 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk@¢i.roanoke.va.us May 25, 2001 File #60-467 STEPHANIE M. MOON Deputy City Clerk Melinda J. Payne, Chair Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Payne: I am attaching copy of Ordinance No. 35346-052101 amending and reordaining certain sections of the 2000-2001 General and School Funds Appropriations, providing for the appropriation of funds for the following: $780,210.00 - 2000-01 Capital Maintenance and Equipment Replacement Fund; $36,459.00 - Summer Youth Employment Program; and $5,000.00 - Western Virginia Regional Science Fair. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:~lcsm%Agenda.01~4ay 2% 2001 correslx)ndence.wpd Melinda J. Payne May 25, 2001 Page 2 pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent of Operations, Roanoke City Public Schools Cindy H. Lee, Clerk, Roanoke City School Board N:~,~sml~Age~a.01'~lvlay 21, 2001 co~'escer,dence.v4x' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2lst day of May, 2001. No. 35346-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and School 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 2000-2001 General and School Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 67,083,901 Transfers to Other Funds (1) .................................. 67,620,775 Fund Balance Reserved for CMERP - Schools (2) ............................. $ -0- SchoolFund Appropriations Education Facilities (3-11) ............................................ Summer Youth Employment 2001 (12-16) ....................... 1999-2000 Western Virginia Regional Science Fair (17) ............ Revenues Education Nonoperating (18) .......................................... Summer Youth Employment 2001 (19) .......................... 1999-2000 Western Virginia Regional Science Fair (20) ............ $128,017,060 3,O30,275 36,459 15,081 $126,266,035 46,354,123 36,459 15,081 1) Transfer to School Fund 2) Reserved for CMERP - Schools 3) Books and Subscriptions 4) Replacement- Machinery and Equipment 5) Replacement- School Bus 6) Additional - Machinery and Equipment 7) Additional - Other Capital Outlay 8) Additional - Motor Vehicle Equipment 9) Additional - Furniture and Fixtures 10) Replacement - Other Capital Outlay 11) Buildings 12) Compensation of Teachers 13) Social Services 14) Mileage 15) Educational and Recreational Supplies 16) Supplements 17) Conventions/ Education 18) Transfer from General Fund 19) Federal Grant Receipts 20) Fees (001-250-7310-9530) $ (001-3324) (030-060-6006-6100-0613) (030-060-6006-6302-0801 ) (030-060-6006-6676-0808) (030-060-6006-6681-0821) (030-060-6006-6682-0829) (030-060-6006-6683-0824) (030-060-6006-6788-0822) (030-060-6006-6896-0809) (030-060-6006-6896-0851 ) (030-060-6456-6449-0121 ) (030-060-6456-6449-0201 ) (030-060-6456-6449-0551 ) (030-060-6456-6449-0614) (030-060-6456-6549-0129) (030-060-6810-6311-0554) (030-060-6000-1037) (030-060-6456-1102) (030-060-6810-1103) 780,210 (780,210) 125,000 14,395 175,000 219,237 25,OOO 40,000 20,000 150,000 11,578 9,500 724 3,775 6O0 21,860 5,000 780,210 36,459 5,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk.  Melinda J. Payne, Chairman Sherman P. Lea, Vice Chairman Charles W. Day //.Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 Marsha W. Ellison Gloria P. Manns Ruth C. Willson Brian J. Wishneff E. Wayne Harris, Ed.D., Superintendent Cindy H. Lee, Clerk of the Board · 540-853-2381 · Fax: 540-853-2951 May 9, 2001 The Honorable Ralph K. Smith, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board at its May 8 meeting voted to request the Roanoke City Council to appropriate the following funds: $780,210.00 from the 2000-01 Capital Maintenance and Equipment Replacement Fund to provide monies for textbook adoptions, administrative technology requests, school bus replacement, facility maintenance equipment, school plants radios, school playground improvements, maintenance vehicle replacement, cafeteria table replacement, roof replacement, and elementary school improvement. $36,459.00 for the Summer Youth Employment Program for the summer of 2001 to provide training and hands-on experience for disadvantaged or handicapped youth from the inner city with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward the high school diploma. This continuing program will be one hundred percent reimbursed by federal funds. $5,000.00 for the Western Virginia Regional Science Fair. Participating school districts contribute toward the cost of the fair, with a local match cost to Roanoke City. The additional appropriation request represents fees received for this continuing program. The Board appreciates the approval of this request. Sincerely, Cindy H Lee, Clerk re CC: Ms. Melinda J. Payne Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. Kenneth F. Mundy Mr. William L. Murray Mrs. Darlene L. Burcham Mr. William M. Hackworth Mr. James D. Grisso Mrs. Ann H. Shawver (with accounting details) Preparing Students for Success JAMES D. GRISSO Director of Finance Mag 21, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 R O. Box 1220 '~'~ Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director The The The The The The The Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: The School Board at its May 8 meeting voted to request the Roanoke City Council to appropriate the following funds: $780,210.00 from the 2000-01 Capital Maintenance and Equipment Replacement Fund to provide monies for textbook adoptions, administrative technology requests, school bus replacement, facility maintenance equipment, school plants radios, school playground improvements, maintenance vehicle replacement, cafeteria table replacement, roof replacement, and elementary school improvement. $36,459.00 for the Summer Youth Employment Program for the summer of 2001 to provide training and hands-on experience for disadvantaged or handicapped youth from the inner city with the goal of enhancing employment potential, developing employment competencies, and earning academic credit toward the high school diploma. This continuing program will be one hundred percent reimbursed by federal funds. $5,000.00 for the Western Virginia Regional Science Fair. Participating school districts contribute toward the cost of the fair, with a local match cost to Roanoke City. The additional appropriation request represents fees received for this continuing program. Members of Council May 21, 2001 Page 2 We recommend that you concur with this request of the School Board. Sincerely, Director of Finance JDG/JSY/pac Darlene L. Burcham, City Manger William M. Hackworth, City Attorney Mary F. Parker, City Clerk E. Wayne Harris, Superintendent of City Schools MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk®ci.manoke.va, us May 25, 2001 File #53-207-258-329 STEPHANIE M. MOON Deputy City Clerk Charles P. Shimer, Attorney Troutman, Sanders, Mays and Valentine, LLP 1111 East Main Street Richmond, Virginia 23219 Dear Mr. Shimer: I am enclosing copy of Resolution No. 35347-052101 concurring in the Montgomery Authority Resolution and approving issuance of Bonds through the Industrial Development Authority of Montgomery County, in a principal amount not to exceed $2,700,000.00, for the benefit of the Virginia Tech Foundation, Inc., to assist in financing a portion of the cost of acquiring a two-acre parcel of land and construction of an 11,000 square foot building located at 121 Duke of Glouchester Street in the City of Roanoke to be owned by the Foundation and used by its WVTF Radio Station, with other portions of the proceeds to be used to finance facilities in Blacksburg and Alexandria. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Lynn D. Avis, Chair, Industrial Development Authority, 3848 Bosworth Drive, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager William M. Hackworth, City Attorney N:~(sml~Agenda.0fd~lay 21. 2001 c~n~oondence.w~d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of Hay, 2001. No. 35347-052101. A RESOLUTION conettrring in the Montgomery Authority Resolution and approving the issuance of Bonds through the Industrial Development Authority of Montgomery County, in a principal amount not to exceed $2,700,000 with respect to the Roanoke Project, for the benefit of the Virginia Tech Foundation, Inc., as required by Section 147(0 of the Internal Revenue Code and Sections 15.2-4905 and 15.2-4906 of't~e Virginia Code, to assist in the financing of the Roanoke Project. WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code");, provide that both the highest elected governmental unit of the locality having jurisdiction over the issuer of private activity bonds and the highest elected governmental unit of the locality having jurisdiction over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds after a public hearing, and the City Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City of Roanoke, Virginia (the "City"); WHEREAS, the City, by action of the Council, has created the Industrial Development Authority of the City of Roanoke, Virginia and Section 15.2-4905 of the Virginia Code provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the industrial development authority of the second locality; WHEREAS, the Industrial Development Authority of Montgomery County (the "Montgomery Authority") was requested by the Virginia Tech Foundation, Inc. (the "Foundation"), having its principal place of business at 312 Burruss Hall, Blacksburg, Virginia 24061, to issue its revenue bonds for the benefit of the Foundation (the "Bonds"), pursuant to the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Virginia Code (the "Act"); WHEREAS, a portion of the proceeds of the Bonds will be used to assist the Foundation in financing a portion of the cost of acquisition of a two acre parcel of land and the cost of construction of an 11,000 square foot building at 121 Duke of Glouchester Street in the City to be owned by the foundation and used by its WVTF radio station (the "Roanoke Project"), other portions of the proceeds will finance facilities in Blacksburg and Alexandria, Virginia; WHEREAS, the Montgomery Authority, pursuant to an inducement resolution adopted on May 15, 2001 (the "Montgomery Authority Resolution"), after a public hearing held jointly on behalf of Montgomery County and the City in accordance with Section 147(0 of the Code and the H:WIEA $ URESh'-bendst~chida Act (the "Public Hearing"), approved issuance of the Bonds and requested and recommended that the Council approve the issuance of the Bonds, subject to approval of their issuance by the Board of Supervisors of Montgomery County, which is the highest elected governmental unit of the locality on behalf of which the Montgomery Authority will issue the Bonds; WHEREAS, a copy of the Montgomery Authority Resolution, a summary statement of the Public Hearing and the Foundation's Fiscal Impact Statement with respect to the Roanoke Project have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council concurs with the Montgomery Authority Resolution and approves the issuance of Bonds by the Montgomery Authority, in a principal mount not to exceed $2,700,000 with respect to the Roanoke Project, for the benefit of the Foundation, as required by Section 147(I) of the Code and Sections 15.2-4905 and 15.2-4906 of the Virginia Code, to assist irrthe financing of the Roanoke Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the creditworthiness of the Roanoke Project or the Foundation, and, as required by Section 15.2-4909 of the Virginia Code, the Bonds shall provide that neither Montgomery County nor the City shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political subdivision thereof, including Montgomery County and the City, shall be pledged thereto. The purchaser of the Bonds must acknowledge that any purchase of Bonds will be made solely based on the representations of the Foundation and no representations of any kind as to the Project or the ability of the Foundation to repay the Bonds has been made by the Montgomery Authority, Montgomery County or the City. 3. Pursuant to the limitations contained in Temporary Income Tax Regulations Section 5f. 103-2(f)(1), this resolution shall remain in effect for a period of one year from the date of its adoption. 4. This resolution shall take effect immediately upon its adoption. ATTEST: City Clerk. -2- TROUTMAN Charles P. Shimer chuck.shimer@troutmansanders.com SANDERS A T T ? "oN E Y $ TA. T~ L A IMITE LIABILITY PAR E SHIP BANK OF AMERICA CENTER 1111 EAST MAIN STREET RICHMOND, VIRGINIA 23219 www.troutmansa nders.com TELEPHONE: 804-697-1200 FACSIMILE: 804-697-1339 MAILING ADDRESS P.O. BOX 1122 RICHMOND, VIRGINIA 23218-1122 MAYS & VALENTINE LLP A W Direct Dial: 804-697-1352 File Number: 207159.000014 May 16, 2001 VIA E-MAIL AND FACSIMIIJE William M. Hackworth, Esquire City Attorney 464 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 Request for the City Council of Roanoke, Virginia to Approve the Issuance of Bonds by the Industrial Development Authority of Montgomery County, Virginia Dear Bill: In accordance with our discussions, as bond counsel we are requesting that the Roanoke City Council adopt the enclosed City Council Resolution at its meeting on May 21, 2001, approving, to the extent required by the federal Internal Revenue Code and the Virginia Industrial Development and Revenue Bond Act (the "Act"), issuance of bonds by the Industrial Development Authority of Montgomery County, Virginia to finance facilities located in Roanoke for the Virginia Tech Foundation, Inc. and its WVTF radio station (the "Roanoke Project"). The requested approval is required under federal law because the issuance of tax-exempt bonds must be approved by the governing bodies of the jurisdiction in which the facilities to be financed are located (in this case, the City of Roanoke), as well as the jurisdiction on behalf of which the issuer is to issue bonds (in this case, Montgomery County, Virginia). The requested approval also is required under state law because the Act provides that where a locality, such as the City of Roanoke, has created an industrial development authority, no industrial development authority created by a second locality, in this case Montgomery County, may finance a facility located in the first locality unless the governing body of such first locality (in this case the City Council of the City of Roanoke) concurs with the inducement resolution adopted by the industrial development authority of the second locality (in this case the Montgomery Authority). TROUTMAN SANDERS MAYS & VALENTINE LLP ATTORNEYS AT LAW A LIMITI]D LIAI~ILIT¥ PARTNERSHIp William M. Hackworth, Esquire May 16, 2001 Page 2 In accordance with the provisions of the Internal Revenue Code and the Act, after a public hearing was held by the Montgomery Authority on behalf of Montgomery County and the City of Roanoke, the Montgomery Authority adopted its inducement resolution on May 15, 2001 (the "Montgomery Authority Resolution"). A copy of the Montgomery Authority Resolution, a Summary of the Public Hearing and a Fiscal Impact Statement with respect to the Roanoke Project are enclosed. The required federal tax approval must come after a public hearing, which can be held jointly so long as the location of the hearing is within 100 miles of the facilities to be financed covered by the public hearing. The Roanoke Project is within 100 miles of the location of the public hearing (Blacksburg, Virginia) and the public hearing held by the Montgomery Authority was advertised in the Roanoke Times. Please do not hesitate to contact me at (804) 697-1352 with any further questions you may have on this matter. Very truly yours, Charles P. Shimer 853192 Enclosures CC: Martin M. McMahon, Esquire Mr. John J. Cusimano, Virginia Tech Foundation, Inc. SUMMARY OF PUBLIC HEARING The Industrial Development Authority of the Montgomery coUnty, Virginia (the "Authority") hereby provides the following information: 1. A meeting of the Authority was duly called and held on Tuesday, May 15, 2001 at 11:30 a.m. at Four Points Sheraton, 900 Prices Ford Road, Blacksburg, Virginia pursuant to proper notice given to each Director of the Authority prior to such meeting. The meeting was open to the public. The time of the meeting and place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The presiding officer opened the public hearing on the application of the Virginia Tech Foundation, Inc. (the "Applicant"). A notice of the public hearing was published once a week for two successive weeks (on April 24, 2001 and May 1, 2001) in The Roanoke Times a newspaper having general circulation in the City of Roanoke, Virginia (the "City"). 3. John J. Cusimano, Director of Investments and Debt Management for the Applicant, appeared and discussed the proposed purposes of the bonds to be issued by the Industrial Development Authority of Montgomery County, Virginia for the benefit of the Applicant to assist in, among other things, financing a portion of the cost of acquisition of a two acre parcel of land and the cost of construction of an 11,000 square foot building at 121 Duke of Gloucester Street in the City to be owned by the Applicant and used by its WVTF radio station. Mr. Cusimano also addressed other facilities to be financed or refinanced located in Blacksburg and Alexandria, Virginia. The presiding officer asked for comments from members of the general public. No members of the general public addressed the Authority. 4. Attached hereto as Exhibit A is a true, correct and complete copy of a resolution (the "Resolution") adopted by the Authority following the public heating on May 15, 2001. Statement. May 16, 2001 o Attached hereto as Exhibit B is a co~py of the Applicant's Fiscal Impact Secretary, Industrial Development Authority of Montgomery County, Virginia Exhibits: 852727v2 207159.000014 A - Authority Resolution B - Fiscal Impact Statement RESOLUTION OF INDUCEMENT OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MONTGOMERY COUNTY, VIRGINIA FOR THE VIRGINIA TECH FOUNDATION, INC. WHEREAS, the Virginia Tech Foundation, Inc. (the "Applicant"), a non-profit organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has described to the Industrial Development Authority of Montgomery County, Virginia (the "Authority") its plans to finance or refinance various facilities owned or to be owned by the Applicant of benefit to, and in connection with its support of, the Virginia Polytechnic Institute and State University and its program, located in Montgomery County, Virginia (the "County"), as well as in the Cities of Roanoke and Alexandria, Virginia; WHEREAS, proceeds of the Bonds will be used, together with other funds of the Applicant, to pay related costs of issuance and costs of the following: (i) financing the cost of construction of: a 50,000 square foot Research Building XV to be located at 1880 Pratt Drive in Blacksburg, a 44,000 square foot Student Services building to be located west of Ambler-Johnson Hall on Washington Street in Blacksburg, a 16,000 square foot addition to the northeast side of the existing Southgate Center located off Southgate Drive adjacent to the University football stadium in Blacksburg, each to be owned by the Applicant and leased to Virginia Polytechnic Institute and State University (the "University"), and a 7,200 square foot storage space for vehicles and equipment necessary for Smart Road operation to be located at 3500 Transportation Plaza in Blacksburg and to be owned by the Applicant and leased to the University for use by the Virginia Tech Transportation Institute, and to the Virginia Department of Transportation; (ii)financing the cost of approximately 323 acres of land in Blacksburg located north of Merrimac Road, east of Stroubles Mill subdivision and southwest of property owned by the University that is adjacent to U.S. Route 460, to be used by the Applicant for future development in support of the University; (iii)financing a portion of the cost of acquisition of a two acre parcel of land and the cost of construction of a 11,000 square foot building at 121 Duke of Glouchester Street in Roanoke to be owned by the Applicant and used by its WVTF radio station; (iv) refinancing of: the Andrews Building located at 1700 Pratt Drive in Blacksburg, the Moss Building located at 1900 Kraft Drive in Blacksburg, and the Research Building II located at 1861 Pratt Drive in Blacksburg, each owned by the Applicant and leased to the University and private tenants for research purposes, and the Founders Building located at 1800 Kraft Drive in Blacksburg, owned by the Virginia Tech Corporate Research Center, Inc., a subsidiary of the Applicant; (v) refinancing the building located at 1001 Prince Street, Alexandria, Virginia 22314 (known as the Prince Street School), containing approximately 14,250 square feet, owned by the Applicant and leased to the University, and since 1990 has been used by the University's College of Architecture and Urban Studies; and (vi) financing the acquisition and renovation of property adjacent to the Prince Street School located at 1021 Prince Street in Alexandria, Virginia 22314, consisting of a parcel of approximately .22 acre, a three story office building (currently occupied by the National Mental Health Association) containing approximately 17,500 square feet and a garage containing approximately 8,750 square feet and parking deck to be leased by the Applicant to the University and used as additional space for the University's College of Architecture and Urban Studies (collectively the "Projects"); WHEREAS, the Applicant has requested that the Authority agree to issue its revenue bonds (the "Bonds"), pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), in such amount as may be necessary to finance or refinance the cost of such Projects and related issuance costs; WHEREAS, the Applicant's representatives, in an appearance before the Authority at a public hearing held on behalf of the County and the City of Roanoke on the date hereof in accordance with Section 147(f) of the Code and Section 15.2-4906 of the Act and in certain information filed with the Authority, have described the portions of the Projects located in the County and the City of Roanoke and the benefits the Projects will bring to the University and to the citizen of the Commonwealth of Virginia; and WHEREAS, the Industrial Development Authority of the City of Alexandria, Virginia on May 8, 2001, held a public hearing in accordance with Section 147(0 of the Code and Section 15.2-4906 of the Act on the portion of the Projects located in the City of Alexandria, and by resolution have requested the City Council of Alexandria, as governing body of a host jurisdiction in which certain of the Projects are located, to approve issuance of the portion of the Bonds that would finance such Alexandria facilities. NOW, THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF MONTGOMERY COUNTY, VIRGINIA: 1. Furtherance of Act. It is hereby found and determined that assisting the Applicant in financing the Projects will promote the economy of the County, the City of Roanoke, the City of Alexandria and the Commonwealth of Virginia, and will benefit the citizens of the County, the City of Roanoke, the City of Alexandria and the Commonwealth of Virginia, and promote their safety, health, welfare, convenience and prosperity in furtherance of purposes of the Act. 2. Agreement to Issue Bonds. To induce the Applicant to undertake the Projects, the Authority agrees to assist the Applicant in financing the Projects by undertaking the issuance of the Bonds therefor in an aggregate principal amount not to exceed $40,000,000. The proceeds of the Bonds will be loaned to the Applicant pursuant to a loan agreement or loan agreements, the terms of which will obligate the Applicant to make payments sufficient to pay the principal of, premium, if any, and interest on the Bonds and all other expenses in connection with the Projects. The Bonds may be issued in one or more series at one time or from time to time, upon terms to be mutually agreed upon between the Authority and the Applicant. The Bonds will be issued in form and pursuant to terms to be set by the Authority. The payment of the Bonds will be secured by an assignment, for the benefit of the holders of the Bonds, of substantially all of the Authority's rights to payments under the loan agreements and may be additionally secured by other collateral. 3. Bond Counsel. At the request of the Applicant, the Authority appoints Troutman Sanders Mays & Valentine LLP as bond counsel to supervise the proceedings and approve the issuance of the Bonds. 4. Authorization to Proceed with Projects. It having been represented to thc Authority that thc Applicant desires to proceed immediately with the Projects, the Authority agrees that the Applicant may proceed with plans for thc Projects, enter into contracts for the acquisition, construction and equipping of the applicable portions of thc Projects and take such other steps as it may deem appropriate in connection therewith; provided that nothing herein shall be deemed to authorize the Applicant to obligate the Authority, the County or the Cities of Roanoke or Alexandria without its consent to the payment of any moneys or the performance of any acts in connection with the Projects. The Authority agrees that the Applicant may be reimbursed from the proceeds of the Bonds for all costs so incurred by the Applicant, insofar as such costs are properly reimbursable under the Act and other applicable state and federal laws. 5. Applicant Responsible for Costs. All costs and expenses in connection with financing and refinancing the Projects, including the expenses of the Authority, will be paid from the proceeds of the Bonds or funds provided by the Applicant. If for any reason the Bonds are not issued, it is understood that all such expenses will be paid by the Applicant and that the Authority will have no responsibility therefor and that the Applicant will indemnify and save harmless the Authority, its officers, directors, employees and agents from and against all liabilities, obligations, claims, damages, penalties, losses, costs and expenses in any way connected with the Projects, the application submitted by the Applicant or the issuance of the Bonds. 6. Request for Governing Bodies Approval. The Authority recommends and requests that the Board of Supervisors of Montgomery County, Virginia (the "County Board"), as the governing body on behalf of which the Authority would issue the Bonds and the governing body of a host jurisdiction in which a portion of the Projects is located, approve the issuance of the Bonds in an aggregate amount not to exceed $40,000,000, and that the City Councils of the Cities of Alexandria and Roanoke, Virginia, as the governing bodies of other host jurisdictions in which portions of the Projects are located, approve the issuance of such portion of the Bonds (up to $7,500,000 of which will finance facilities in the City of Alexandria and up to $2,700,000 of which would finance facilities in the City of Roanoke) as relates to the portion of the Projects located in their jurisdiction, within 60 days after the date of the adoption of this Resolution in accordance with the Act. The Authority directs the Secretary of the Authority to submit this Resolution to the County Board and the City Councils of the Cities of Roanoke and Alexandria this Resolution, and to submit to the County Board and the City Council of the City of Roanoke the Applicant's applicable Fiscal Impact Statement, and a summary of the public hearing held by the Authority prior to the adoption of this Resolution. 7. Effective Date. This Resolution shall take effect immediately upon its adoption. This Resolution shall cease to be valid one year after the County Board or the city council, as applicable, has approved the issuance of the bonds as referred to in Paragraph 6 above, unless at least a portion of the Bonds has been issued by that date. ADOPTED: May 15, 2001 3 CERTIFICATE I, the undersigned Secretary of the Industrial Development Authority of Montgomery County, Virginia, hereby certify that the foregoing is a tree, correct and complete copy of a Resolution duly adopted by the directs of the Industrial Development Authority of Montgomery County, Virginia present and voting at a meeting duly called and held on May 15, 2001, 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 seal of the Authority, this [ (~ day of May, 2001. Secretary, Industrial Development Authority of Montgomery County, Virginia [SE L] 848091v2 207159.000014 4 FISCAL IMPACT STATEMENT' INDUSTRIAL DEVELOPMENT AUTHORITY OF MONTGOMERY COUNTY, VIRGINIA To the City Council of the City of Roanoke, Virginia May 15, 2001 Name of Applicant: Virginia Tech Foundation, Inc. Facilities: new building for WVTF radio station to be located at 121 Duke of Glouchester Street, Roanoke Maximum amount of financing sought Estimated taxable value of the facility's real property to be constructed in the locality Estimated real property tax per year using present tax rates Estimated personal property tax per year using present tax rates Estimated merchants' capital tax per year using present tax rates Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality Estimated dollar value per year of goods that will be purchased from non-Virginia companies within the locality Estimated dollar value per year of services that will be purchased from Virginia companies within the locality Estimated dollar value per year of services that will be purchased from non-Virginia companies within the locality Estimated number of regular employees on year round basis Average annual salary per employee $ 2,700,000 $ 2,700.000 501 (c)(3) tax-exempt 501 (c)(3) tax-exempt 501 (c)(3) tax-exempt $192,420 $21,380 $560,534 $62,282 15fulltime $35,841 847589v2 INDUSTRIAL DEVELOPMENT AUTHORITY OF MONTGOMERY COUNTY.2~rIRGiNiA c.// c~"rman ~- -- * The information contained in this Fiscal Impact Statement is based solely on facts and estimates provided by the Applicant, and the Authority has no responsibility with respect thereto. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #27 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35349-052101 authorizing [he City Manager's issuance of Amendment No. 5 to the City's contract with Black & Veatch to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time in connection with the Roanoke River Interceptor Sewer Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Brent M. Reuss, Project Manager, Black and Veatch, 8604 Cliff Cameron Drive, Suite 164, Charlotte, North Carolina 28269 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Philip C. $chirmer, City Engineer Barry L. Key, Director, Management and Budget N:~ksml~Agenda.01~lay 21, 2001 con'es[~onde,r, ce.ww:l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21sl: day of I~lay, 2001. No. 35349-052101. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 5 to the City's contract with Black & Veatch to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time-for the Roanoke River Interceptor Sewer Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Amendment No. 5 to the City's contract with Black & Veateh, to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time for the Roanoke River Interceptor Sewer Project, all as more fully set forth in the letter to this Council dated May 21, 2001. 2. The Amendment No. 5 will provide authorization for additions in the work with an increase in the amount of $75,000.00 to the contract, all as set forth in the above letter. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #27 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35348-052101 amending and reordaining certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, providing for the transfer of $75,000.00, in connection with the Roanoke River Interceptor Sewer Project for preparation of bidding documents for television inspection and to provide an evaluation of the feasibility of rehabilitating the old sewer line. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Barry L. Key, Director, Management and Budget N:~:t(sml~Ageada.01~lay 21,2001 con'esl~ondence.wt~d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35348-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Sewage Treatment 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 ORDAI'NED by the Council of the City of Roanoke that certain sections of the 2000-2001 Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADoropriations Capital Outlay Roanoke River Interceptor (1-2) ............................... Roanoke River Interceptor Sewer Rehabilitation(3-4) .............. 1) Appropriated from Other Governments 2) Appropriated from General Revenue 3) Appropriated from Other Governments 4) Appropriated from General Revenue (003-056-8485-8999) (003-056-8485-9003) (003-530-8486-8999) (003-530-8486-9003) $(47,475) (27,525) 47,475 27,525 $ 59,935,767 14,309,941 75,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Roanoke River Interceptor Sewer Engineering Services Construction of the Roanoke River Interceptor Sewer Replacement project was completed in June 2000. Portions of the old sewer line remain in service. The City's contract with the consultant, Black & Veatch, remains open to have them determine if and how any of the old sewer line should continue to be used in connection with the new Interceptor line. It is necessary to perform a television inspection of the old sewer line to locate any remaining service connections, locate improper connections and to assess the condition of the pipe for possible rehabilitation at a future time. An amendment has been negotiated with the project's engineering consultant, Black & Veatch, in the amount of $75,000, to prepare bidding documents for the television inspection and to provide an evaluation of the feasibility of rehabilitating the old sewer line. Funding is available in Roanoke River Interceptor Sewer account 003-056-8485 to fund the cost of the subject contract amendment. Recommended Action: Authorize the City Manager to execute Amendment No. 5 with Black & Veatch in the amount of $75,000. Transfer $75,000 from Roanoke River Interceptor account 003-056-8485 to a new account entitled Roanoke River Interceptor Sewer Rehabilitation. Respectfully submitted, City Manager DLB/PCS/bls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00082 Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #57-60-514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35351-052101 authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with H. & S. Construction Company, in the amount of $75,000.00, for completion of curb, gutter and sidewalk on the south side of Cove Road, N. W., between Abbott Street and Hershberger Road, in connection with the New Concrete Sidewalks, Entrances and Curb Phase V-A Project. The above- referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: William D. Gee, President, H. & S. Construction Co., P. O. Box 6266, Roanoke, Virginia 24017 George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Jan G. Bruce, Project Manager Barry L. Key, Director, Management and Budget N :~csm I~AO enda. Ol~vlay 21,2001 corres~ondence.w/xl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st: day of blay, 2001. No. 35351-052101. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 1 to the City's contract with H. & S. Construction Company for the completion of curb, gutter and sidewalk on the south side of Cove Road, N.W. between Abbott Street and Hershberger Road for the New Concrete Sidewalks, Entrances and Cu_--,b Phase V-A Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, in a form approved by the City Attorney, Change Order No. 1 to the City's contract with H. & S. Construction Company for the completion of curb, gutter and sidewalk on the south side of Cove Road, N.W. between Abbott Street and Hershberger Road for the New Concrete Sidewalks, Entrances and Curb Phase V-A Project, all as more fully set forth in the letter to this Council dated May 21, 2001. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $75,000 to the contract, all as set forth in the above letter. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in ~ force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #57-60-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35350-052101 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for appropriation of $75,000.00, for completion of curb, gutter and sidewalk on the south side of Cove Road, N. W., between Abbott Street and Hershberger Road. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. ~, ~ ..~. ~~,~_Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Jan G. Bruce; Project Manager Barry L. Key, Director, Management and Budget N:~f~l11~gelxJa.01~ay ~";, 2001 coweslx311dellce.w3x:l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35350-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Pt"ojects 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 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ApPropriations Streets and Bridges $ 26,512,466 Sidewalk and Curbs Phase V-A (1) .............................. 749,000 Revenues Nonoperating $ 5,182,318 Transfer from Other Funds (2) .................................. 5,182,318 1) Appropriated from General Revenue 2) Transfer from General Fund (008-052-9608-9003) (008-110-1234-1037) 75,000 75,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager 'May 2i, 200i Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Change Order No. 1 New Concrete Sidewalks, Entrances and Curb Phase V-A H. & S. Construction Company, 2011 Salem Avenue, S.W., Roanoke, Virginia 24016, was awarded a contract in the amount of $644,350 on a unit price basis at the June 22, 2000 meeting of City Council to provide new sidewalk and curbs on various streets to be designated within the City. Two blocks of the south side of Cove Road, N.W. were designated in the contract and have been completed. The contract is still open and the contractor has agreed to the unit prices in Phase V-A to complete the remaining portion of the south side of Cove Road, N.W. between Abbott Street and Hershberger Road. Construction should begin as soon as all the property rights are acquired by the City. Funding is available in Transfer to Capital - Curb, Gutter and Sidewalk Program account number 001-250-9310-9508. Recommended Action: Authorize the City Manager to execute Change Order No. 1 in the amount of $75,000 and 90 additional days of contract time with H. & S. Construction Company for the completion of curb, gutter and sidewalk on the south side of Cove Road, N.W. between Abbott Street and Hershberger Road. Appropriate $75,000 to account number 008-052-9608-9003, New Concrete Sidewalks, Entrances and Curb - Phase V-A. Respectfully submitted, City Manager DLB/JGB/bls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00085 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va.us CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 25, 2001 File #60-102 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35353-052101 authorizing a contract with Hayes, Seay, Mattern and Mattern, Inc., in the amount of $179,850.00, to provide engineering services for preliminary design/investigation, final design, and contract administration for rehabilitation of Memodal Bridge. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Harold W. Plott, Project Manager, Hayes, Seay, Mattern and Mattern, Inc., P. O. Box 13446, Roanoke, Virginia 24034 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Jan G. Bruce, Project Manager Barry L. Key, Director, Management and Budget N:~f(sml~gen(ta.01~lay 21, 2001 con~.~13ondef~ce.w~d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of I4ay, 2001. No. 35353-052101. A RESOLUTION authorizing a contract with Hayes, Seay, Mattem & Mattem, Inc. for engineering services for providing preliminary design/investigation, final design, and comract administration for the rehabilitation of Memorial Bridge. BE IT RESOLVED by the Cmmcil of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, a contract with Hayes, Seay, Mattern & Mattem, Inc. in the amount of.$179,850 for engineering services for providing preliminary design/investigation, final design, and contract administration for the rehabilitation of Memorial Bridge as described in the City Manager's letter to this Council dated May 21, 2001. 2. The form of the contract shall be approved by the City Attorney, all as more particularly set forth in the City Manager's letter to this Council dated May 21, 2001. AT. TEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #60-102 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35352-052101 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for the transfer of $200,000.00, in connection with preliminary design/investigation, final design, and contract administration for rehabilitation of Memorial Bridge. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Jan G. Bruce, Project Manager Barry L. Key, Director, Management and Budget N:~ksm l~a~oenda.0 l~May 21, 2001 ¢~n'esl3o ndef~ce.wlx} IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35352-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital P~jects 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 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Streets and Bridges Hunter Viaduct Removal (1) ................................... Rehabilitation of Memorial Bridge (2) ............................. 1) Appropriated from General Revenue 2) Appropriated from General Revenue (008-052-9636-9003) (008-530-9772-9003) (200,000) 200,000 $ 26,437,466 4,371,809 200,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 5.a.3. Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William VVhite, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Engineering Services Contract Rehabilitation of Memorial Bridge Memorial Bridge has substantially deteriorated since the 1998 inspection. currently needs more than $1,000,000 in concrete repairs and rehabilitation. services are required to detail the extent of the repairs. The bridge Engineering After proper advertisement, consultant qualification proposals were received on March 2, 2001. Proposals were submitted by Hayes, Seay, Mattern & Mattern, Inc., Mattern & Craig, Inc., and Wiley & Wilson, Inc. All three firms were interviewed by a Selection Committee composed of Philip C. Schirmer, City Engineer; Kenneth H. King, Jr., Streets and Traffic Manager; and Jan G. Bruce, Engineering Technical Supervisor. The Selection Committee selected the firm of Hayes, Seay, Mattern & Mattern, Inc., 1315 Franklin Road, S.W., Roanoke, Virginia 24016, as the most qualified for the proposed work. A consultant contract has been negotiated with them in the amount of $179,850 to perform the services mentioned below. Funding in the amount of $200,000 is needed for the project and is available in the Hunter Viaduct Bridge account number 008-052-9636. Additional funding in excess of the contract amount will be used for miscellaneous project expenses including advertising, printing, testing services, minor variations in bid quantities and unforeseen project expenses. Recommended Action: Authorize the City Manager to execute an Engineering Services Contract in the amount of $179,850 with Hayes, Seay, Mattern & Mattern, Inc. to provide preliminary design/investigation, final design and construction administration for the rehabilitation of Memorial Bridge. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va.us The Honorable Mayor and Members of Council May 21, 2001 Page 2 Transfer $200,000 from Hunter Viaduct Bridge account number 008-052-9636 to a new account to be established by the Director of Finance entitled "Rehabilitation of Memorial Bridge". Respectfully submitted, City Manager DLB/JGB/bls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance #CM01-00086 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #60-184-202 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35354-052101 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for appropriation of $2,512,709.00, in connection with personnel salary lapse funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Dadene L. Burcham, City Manager Barry L. Key, Director, Management and Budget Kenneth S. Cronin, Director, Human Resources N:~l~genda.01~lay 21, 2001 cocreslx~ndence.v4:xJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35354-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 dec!.ared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADr~roDriations General Fund (1-66) ........................................ Revenues $190,481,356 General Fund (67-75) ...... - ................................. 1) 2) 3) 4) 5) 6) 7) 8) 9) Regular Employee Salanes Regular Employee Salaries Regular Employee Salanes Regular Employee Salanes Regular Employee Salanes Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salanes (001-110-1234-1002) (001-120-2111-1002) (001-125-2110-1002) (001-130-1233-1002) (001-140-2140-1002) (001-140-3310-1002) (001-150-2210-1002) (001-150-2211-1002) (001-200-1110-1002) $ (11,109) (14,758) ( 1,655) 17 (39,603) (138,622) ( 8,826) 84 6,986 $184,127,016 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) 27) 28) 29) 30) 31) 32) 33) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salades Regular Employee Salades Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-210-1220-1002) (001-220-1120-1002) (001-230-1235-1002) (001-240-1240-1002) (001-250-1231-1002) (001-250-1232-1002) (001-260-1310-1002) (001-300-1211-1002) (001-310-3520-1002) (001-310-8120-1002) (001-410-1212-1002) (001-410-1213-1002) (001-420-1261-1002) (001-420-1263-1002) (001-430-4130-1002) (001-430-4170-1002) (001-440-1237-1002) (001-440-1260-1002) (001-440-4220-1002) (001-440-4330-1002) (001-520-3211-1002) (001-520-3212-1002) (001-520-3213-1002) (001-520-3214-1002) 17,951 (15,021) 92O (34,394) (25,394) (24,262) 5,337 (85,130) (48,847) (41,988) (78,187) (13,948) (11,172) 4,852 ( 9,890) ( 4,986) (35,478) (18,377) (87,144) (190,734) (28,802) (49,445) 153,209 1,545 34) 35) 36) 37) 38) 39) 4O) 41) 42) 43) 44) 45) 46) 47) 48) 49) 5O) 51) 52) 53) 54) 55) 56) 57) Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries (001-520-3521 - 1002) (001-530-1280-1002) (001-530-4110-1002) (001-530-4160-1002) (001-530-4210-1002) (001-530-4211-1002) (001--5~0-4310-1002) (001-550-7410-1002) (001-560-3410-1002) (001-610-8110-1002) (001-620-4340-1002) (001-620-7110-1002) (001-630-1270-1002) (001-630-5311-1002) (001-630-5313-1002) (001-630-5314-1002) (001-630-5316-1002) (001-630-5317-1002) (001-630-5318-1002) (001-631-3330-1002) (001-631-3350-1002) (001-631-3360-1002) (001-640-3111-1002) (001-640-3112-1002) $( ( ( ( ( ( ( ( ( ( ( ( ( ( ( 155,278) 349 86,785) 10,287) 64,362 16,262) 108,203) 763 30,889) 28,453) 205,404) 10,792 197 3O,5O6) 81,452) 90,496) 29,401) 865 10,562) 355 893 842 17,041) 93,740) 58) Regular Employee Salaries (001-640-3113-1002) $ (528,355) 59) Regular Employee Salaries (001-640-3114-1002) 88,246 60) Regular Employee Salaries (001-640-3115-1002) ( 37,959) 61) Regular Employee Salaries (001-640-3530-1002) ( 36,559) 62) Regular Employee - Salaries '(001-650-7310-1002) (105,870) 63) Payroll Accrual (001-250-9110-1099) (150,000) 64) Salary Lapse (001-300-9410-1090) 1,379,325 65) Re-engineering Savings (001--3~)0-9410-2097) 570,000 66) Contingency (001-300-9410-2199) 212,912 67) Commonwealth's Attorney (001-110-1234-0610) ( 11,182) 68) Sheriff (001-110-1234-0611) (198,085) 69) Commissioner of the Revenue (001-110-1234-0612) ( 695) 70) Treasurer (001-110-1234-0613) ( 6,195) 71) VISSTA (001-110-1234-0671) ( 10,834) 72) Foster Care (001-110-1234-0675) 332 73) General Administration (001-110-1234-0676) ( 59,847) 74) Employment Services (001-110-1234-0681) ( 15,477) 75) Direct Social Service Administration (001-110-1234-0685) ( 48,489) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Fund Appropriations- Salary Lapse Report Background: The adopted budget for Fiscal Year 2001 includes an estimated $1,949,325 in salary lapse. Salary lapse is the difference in budgeted City employee salaries and actual salaries, and is created through normal employee attrition and the managed hiring and re-engineering efforts undertaken during the year by city staff. At year-end, salary lapse created in departments is credited against the budgeted total salary lapse figure, and any excess salary lapse generated is spread throughout the various departments to cover annual payroll accrual and operational needs. Considerations: For Fiscal Year 2001 the total estimated salary lapse is $2,512,709. The additional lapse generated has been allocated to various departments to fund payroll accrual and operating needs as shown in Attachment A. Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us Honorable Mayor and Members of Council May 21, 2001 Page 2 Recommended Action: City Council authorize the recommended between accounts as listed in Attachment A DLB:afs Attachment C: transfer of salary lapse funding Respectfully submitted, City Manager Mary F. Parker, City Clerk VVilliam M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry Key, Director of Management and Budget CM01-00088 SALARY LAPSE REPORT. Fiscal Year 2000-2001 ATTACHMENT A ~!?~ ~ .... 110- 1234 CITY TREASURER 12,389 (12,389 (6,195 1,280 (4,914 120- 2111 CLERK OF CIRCUIT COURT 16,922 (16,922 2,164 (14,758 125- 2110 CIRCUIT COURT JUDGES 2,536 (2.536 881 (1,655 130- 1233 COMMISSIONER REVENUE 1,389 (1,389 (695 1,406 712 140- 2140 SHERIFF 43,297 (43,297) (43,297 3,694 3,6~: 140- 3310 JAIL 154,788 (154,788 (154,788 16,166 16,166 150- 2210 COMMONWEALTH'S ATTORNEY 11,182 (11,182 (11,182 2,356 2,356 150- 2211 COST COLLECTIONS UNIT 0 0 84 84 200- 1110 CITY COUNCIL (6,700' 6,700 286 6,986 210- 1220 ClTYATTORNEY (16,581' 16,581 1,370 17,951 220- 1120 CITY CLERK 15,550 (15,550' 529 (15,021 230- 1235 REAL ESTATE VALUATION 658 (65~ 1,578 920 240. 1240 MUNICIPAL AUDITING 35,164 (35,164 770 (34,394 250- 1231 DIRECTOR OF FINANCE 27,824 (27,824 - 2,430 (25,394 250- 1232 BILLINGS & COLLECTIONS 25,938 (25,931~ 1,676 (24,262' 260- 1310 REGISTRAR (5,082 5,082 255 5,337 300- 1211 CITY MANAGER 86,492 (86,492 1,362 (85,13~' 310- 3520 EMERGENCY MANAGEMENT SERVICES 48,930 (48,930 83 (48,817_ 310- 8120 ECONOMIC DEVELOPMENT 42,876 (42,876 888 (41,988 410- 1212 DMB 79,154 (79,154 -- 967 (78,187 410- 1213 CITIZENS SERVICES CENTER 14,159 (14,159 211 (13,948_ 420- 1261 HUMAN RESOURCES 12,322 (12,322 1,150 (11,172 420- 1263 OCCUPATIONAL HEALTH CLINIC (4,665 4,665 .... 187~ 4,852 430- 4130 COMMUNICATIONS- E911 13,168 (13,168 3,278 (9,890 430- 4170 COMMUNICATIONS - RADIO SHOP 5,358 (5,358 372 (4,986 440. 1237 PURCHASING DEPARTMENT 35,793 (35,793 -- 315 (35,478 440- 1260 DIRECTOR OF GENERAL SERVICES 18,598 (18,598 221 ! (18,377 440- 4220 CUSTODIAL SERVICES 88,493 (88,493' 1,349 (87,144 440- 4330 BUILDING MAINTENANCE 193,413 (193,413 2,679 (190,734 520- 3211 FIRE - ADMINISTRATION 30,025 (30,02~ 1,223 (28,8~)2~ 520- 3212 FIRE - SUPPORT 50,534 (50,534 1,089 (49,44,';' 520- 3213 FIRE- OPERATIONS (130,904 130,904 22,305 153,209 520- 3214 FIRE - AIRPORT RESCUE (61 6 1,539 1,545 520- 3521 EMERGENCY MEDICAL SERVICES 158,111 (158,111 2,833 (155,271~ 530- 1280 DIRECTOR OF PUBLIC WORKS 0 0 349 349 530- 4110 STREETS&TRAFFIC 90,749 (90,749 3,964 (86,785 530- 4160 TRAFFIC ENGINEERING 12,129 (12,129 1,842 (10,287 530- 4210 SOLID WASTE MGMNT/REFUSE (61,035 61,035 3,327 64,362 530- 4211 'SOLID WASTE MGMNT/RECYCLING 16,904 (16,904 642 (16,267 530- 4310 ENGINEERING 110,284 (110,284 2,081 (108,203 550- 7410 VICTORYSTADlUM (763 763 0 763 560- 3410 BUILDING INSPECTIONS 32,067 (32,067 1,178 (30,889 610- 8110 PLANNING AND CODE ENFORCEMENT 31,096 (31,096 2,643 (28,453 620- 4340 PARKS AND GROUNDS MAINTENANCE 209,770 (209,770 4,366 (205,404 620- 7110 RECREATION (8.519 8,519 2,273 10,792 630- 1270 HUMAN SERVICES SUPPORT (971 97 1001 197 630- 5311 SOCIALSVCS-ADMIN 32,067 (32,067 ~16,032j-- 1,561 (14,474 630- 5313 SOCIAL SVCS- INCOME MNT 87,629 (87,62c~ (43,815 "- 6,177 (37,637 630- 5314 SOCIAL SVCS - SERVICES 96,978 (96,97i~ (48,48-c 6,482 (42,007' 630- 5316 SOCIAL SVCS- EMPLOYMENT 30,953 (30.953 (15,477 1,552 (13,924 630- 5317 FOSTER PARENT TRAINING (6631~ 663 332 202 533 630- 5318 VISSTA 10,834 (10,834 (10.834 272 272 631- 3330 OUTREACH DETENTION 0 0 355 355 631- 3350 YOUTH HAVEN I 0 0 893 893 631- 3360 CRISIS INTERVENTION 0 0 842 842 640- 3111 POLICE-ADMINISTRATION 17,734 (17,734 693 (17,041 640- 3112 POLICE - INVESTIGATION 98,306 (98,306) 4,566 (93.740 640- 3113 POLICE- PATROL 544,959 (544,959 16,604 (528,355 640- 3114 POLICE - SERVICES (84,504 84,504 3,742 88,246 640. 3115 POLICE - TRAINING 38,711 ' (38,711 752 (37,959 640- 3530 ANIMAL CONTROL 37,061 (37,061 502 (36,559 650. 7310 LIBRARIES 108,934 (108,934 3,064 (105,870 SUBTOTALS 2,512,709 (2,512,709 (:~50,472 150,000 (2,012,237I 250- 9110 PAYROLL ACCRUAL 0 (150,000 (150,000 300- 9410 CONTINGENCY 0 0 212,912 300. 9410 PERSONNEL LAPSE 1,379,325 0 1,379,325 RE-ENGINEERING SAVINGS 570,000! ~ 0 570,000 TOTALS t563.384~_ _ ___(350,472]1 ..... 0 0 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk ? Stephanie M. Moon Deputy City Clerk May 25, 2001 File #342-380 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35355-052101 authorizing execution of Amendment No. 1 to the Williamson Road Area Service District Services Agreement between the City of Roanoke and the Williamson Road Area Business Association, Inc., which will delete the restriction in such Agreement regarding overhead expenses. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Delores Phillips, Executive Director, Williamson Road Area Business Association, Inc., P. O. Box 5892, Roanoke, Virginia 24012 The Honorable Sherman A. Holland, Commissioner of the Revenue James D. Grisso, Director of Finance Elizabeth A. Neu, Director, Economic Development N:~kSml'~lmda.01L~.{ay 21. 2001 con~s;ondence.wlxl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of blay, 2001. No. 35355-052101. AN ORDINANCE authorizing execution of Amendment No. 1 to the Williamson Road Area Service Distric~ Services Agreeme? between the City of Roanoke and the Williamson Road Area Business Association, Inc. (WRABA), which will delete the restriction in such Agreement regarding overhead expenses; and providing for an emergen?; WHEREAS, the WRABA has requested that the restriction in the currem Agreement between the parties regarding reimbursement for certain overhead expenses be removed from that Agreem_ ent THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council approves the requested amendment removing the restriction contained in the current Agreement between the parties regarding reimbursement for certain overhead expenses, as more fully set forth in the City Manager's letter to this Council dated May 21, 2001. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 1 to the Agreement between the City and WRABA, dated June 20, 1996, to eliminate the restriction of the amount of' special service district funds that may be expended for overhead expenses by WRABA, all as more fully set forth in the above mentioned letter, and to take such further action as may be necessary to implement such action. 3. The form of the amendment 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. O.~!ce of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: WP, ABA Contract Amendment Background: The Williamson Road Area Business Association, Inc. (WRABA) entered into a contract to administer Special Service District (SSD) funds for the area on June 20, 1996. This agreement has been renewed yearly. In the contract, WRABA is limited to using 60% of SSD funds on overhead expenses. When the contract was renewed in 2000, in a response to a request from the association to remove the 60% limitation, the City Manager suggested the organization be polled to determine the overall support for this change by the membership. Considerations: Two hundred thirty-seven (237) SSD paying members of the Williamson Road area were mailed a letter on February 6, 2001, requesting their permission to remove the 60% limitation. It was clearly noted in the letter if the ballot were not returned, it would be considered a vote for removal. Each entity was given until March 6, 2001, to return the ballot. As of March 7, 2001, 47 returned the ballots with only 19 voting to keep the restriction. Accordingly, an amendment to the contract has been prepared to eliminate the 60% restriction. Recommended Action: Authorize the City Manager to execute an amendment to the present agreement dated June 20, 1996, between the City of Roanoke and the Williamson Road Area Business Association, Inc. (WRABA) to eliminate the restriction on the amount of SSD funds that may be expended on overhead by the WRABA. City Manager Attachments c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Sherman A. Holland, Commissioner of Revenue Elizabeth A. Neu, Director of Economic Development Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 85~-1~3(~1-00080 CityWeb:www. ci.roanoke,va,us AMENDMENT NO. 1 TO WILLIAMSON ROAD AREA SERVICE DISTRICT SERVICES AGREEMENT THIS AMENDMENT No. 1 to the Williamson Road Area Service District Services Agreement is made this ~ day of May, 2001, by and among the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia (the "City") and the WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC., a corporation organized and existing under the Commonwealth of Virginia (the "WRABA"). WITNESSETH: WHEREAS by Agreement dated June 20, 1996, the City and the WRABA entered into the Williamson Road Area Service District Services Agreement, relating to promotion and development of the Williamson Road Area Service District, and to certain services to be performed by the WRABA in connection therewith; WHEREAS, the parties now desire to amend the June 20, 1996, Agreement, by deleting Paragraph 3.5. Overhead Reimbursement, from such Agreement to eliminate the provisions regarding reimbursement by the City of WRABA for certain overhead expenses, as currently contained in the Agreement. THEREFORE, in consideration of the above premises, and other good and valuable consideration, the receipt of which is hereby acknowledged, the City and WRABA agree as follows: 1. Paragraph 3.5. Overhead Reimbursement, contained in the June 20, 1996, Agreement shall be deleted from such Agreement and shall have no further effect. 2. Except as changed or modified herein, the conditions, terms and obligations of the June 20, 1996, Agreement shall remain unchanged in all other respects. WITNESS the following signatures and seals: ATTEST: CITY OF ROANOKE Mary F. Parker, City Clerk By Darlene L. Burcham, City Manager ATTEST: WILLIAMSON ROAD AREA BUSINESS ASSOCIATION, INC. By Secretary By President APPROVED AS TO FORM: City Attorney APPROVED AS TO EXECUTION: City Attomey CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #110-242 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35356-052101 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke, and Rockbridge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke, and Salem, the membership of the Court-Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment N:~xsm l~Agenda.01~lay 21, 2001 cor/~ndence.wlx:l Darlene L. Burcham May 25, 2001 Page 2 pc~ Melissa A. Landis, Clerk, Alleghany County Board of Supervisors, P. O. Box 917, Covington, Virginia 24426 Claire A. Collins, Bath County Administrator and Clerk, Bath County Board of Supervisors, P. O. Box 309, Warm Springs, Virginia 24484 Gerald A. Burgess, Botetourt County Administrator and Clerk, Botetourt County, Board of Supervisors, One West Main Street, No. 1, Fincastle, Virginia 24090 Elizabeth N. Frank, Craig County Administrator and Clerk, Craig County Board of Supervisors, P. O. Box 308, New Castle, Virginia 24127 Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 William G. O'Brien, Rockingham County Administrator and Clerk, Rockingham County Board of Supervisors, P. O. Box 1252, Harrisonburg, Virginia 22801 Janie G. Coffey, Clerk of Council, City of Buena Vista, 2039 Sycamore Avenue, Buena Vista, Virginia 24416 ' - Edith S. Wood, Clerk of Council, City of Covington, 158 N. Court Avenue, Covington, Virginia 24426 Karen T. Roundy, Clerk of Council, City of Lexington, P. O. Box 922, Lexington, virginia 24450 James E. Taliaferro, II, Clerk of Council, City of Salem, P. O. Box 869, Salem, Virginia 24153 The Honorable George M. McMillan, City Sheriff Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations A. L. Gaskins, Chief of Police Stephanie M. Moon, Deputy City Clerk N:~ksml~enda.01~lay 21, 2001 co~res~on(lence.wl;x;I IN THE COUNCIL OF THE CITY OF ROANOKE The 21st: day of 1~lay, 2001. Iqo. 35356-052101. A RESOLUTION of the Council of the City of Roanoke, establishing, by joint action of the Boards of Supervisors of the. Counties of Alleghany, Bath Botetourt, Craig, Roanoke and Rockbfidge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke, and Salem, the membership of the Court-Community Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, the Boards of Supervisors of the Counties of Alleghany, Bath, Bo.tetou_rt, Craig, Roanoke and Roekbfidge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem have established and operate the Court-Community Corrections Program, a local pretrial services and community-based probation program established and operated pursuant to the provisions of Article 2 of Chapter 5 of Title 53.1 and Article 1 of Title 19.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the Virginia Comprehensive Community-Corrections Act for Local-Responsible Offenders (Virginia Code Section 53.1-180 et seq.) and the Virginia Pretrial Services Act (Virginia Code Section 19.2-152.2 et seq.) require the establishment and appointment ora Community Criminal Justice Board for the Court-Community Corrections Program; and WHEREAS, a Regional Community Criminal Justice Board for the Court-Community Corrections Program previously has been established in accordance with law, and this Council, in conjunction with the governing bodies of the other jurisdictions which participate in this multijurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court-Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code Section 15.2-1411 and in consideration of changes in the Code of Virginia and the fact that the City of Clifton Forge, which had participated in this program, will revert to a town as of July 1, 2001. NOW, THEREFORE, pursuant to the authority granted to this Council by Virginia Code Sections 15.2-1411,19.2-152.5, 53.1-183 and the Charter of this City of Roanoke, IT IS RESOLVED: 1. That a Regional Community Criminal Justice Board for the Court-Community Corrections Program is established. 2. That the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke an~l Ro~kbridge, and the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem are the jurisdictions which participate in the Court-Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Conununity Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of up to 25 persons, a number established by this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times comply with all applicable statutes and regulations. Each participating city or county shall have an equal number of appointments. 3. That in conjunction with resolutions of appointment adopted or to be adopted by the governing bodies of all participating jurisdictions, this Council, jointly with the other participating jurisdictions, appoints the following persons to the Regional Community Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July 1, 2001. Because Section 53.1.183 provides that the Board's membership shall include persons who hold certain positions, this resolution sets out, beside the name of each person hereby appoimed, a descriptive title for that person's position or occupation. NAME AND TITLE: ChiefA. L. Gaskins 3 Years Roanoke City Police Sheriff George McMillan Roanoke City Sheriffs Office 3 Years John Higgins, Superintendent Rockbridge Regional Jail 3 Years William H. Cleaveland, Esquire 3 Years Roanoke, Virginia The Honorable Clifford R. Weckstein, Judge Circuit Court Twenty-third Judicial Circuit 2 Years Chief Ray Lavinder Roanoke County Police Department 2 Years Ray Burton Fitzgerald, Chief Magistrate Twenty-fffih Judicial District 2 Years James C. Alderson, Commonwealth Attorney Alleghany County/City of Covington 2 Years Sheriff Gerald Holt Roanoke County Sheriff's Office 2 Years SheriffC. E. Simpson Alleghany County Sheriffs Office 2 Years Gall Burrus, Director, Counseling Services Blue Ridge Community Services Board Roanoke, ~trginia 2 Years The Honorable Julian H. Raney, Jr., Judge Roanoke City General District Court Twenty-third Judicial DiStTict 1 Year The Honorable John B. Ferguson, Judge Roanoke City/Roanoke County Juvenile & Domestic Relations Court Twenty-third Judicial District 1 Year z. SheriffRonnie Sprinkle Botetourt County Sheriff's Office 1 Year Dr. David Smith, Superintendent Bath County Public Schools 1 Year 4. That this Council, in conjunction with the governing bodies of the other jurisdictions which have established the Court-Community Corrections Program, hereby designates and appoint~ the City of Salem as the fiscal agent for the program. ATTEST: City Clerk. Office of the City Manager May 21, 2001 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Council Member William White, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Regional Community Criminal Justice Board Background: The General Assembly amended state law, Virginia Code Section 53.1-183 (1950), as amended, effective July 1, 2001, to change the required membership of the Regional Community Criminal Justice Board. The statute no longer requires that a person from each governing body or city or county manager or deputy city or county manager be appointed, but only that a person representing the governing body be appointed. This multijurisdictional board manages local pretrial services or community-based probation programs. The Board in which the City of Roanoke is a member has lost one participating jurisdiction because the City of Clifton Forge is reverting to town status on July 1, 2001. Now, each of the remaining 11 participating localities is appointing a member to represent its governing body, and each participating locality is to reconstitute the Board and, generally, reappoint the current members of the Board. The current Board is changed only in that Judge Weckstein will replace Judge Honts, Chief Lavinder of the Roanoke County Police Department has been added, and Chief Gaskins will replace Chip Snead as the City's representative. The Board will be comprised of up to 25 members. No local funding is required as a condition of Roanoke's participation. The City of Salem serves as the program's fiscal agent. Room 364 Municipal South 215 Church Avenue, S,W.. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www, ci.roanoke.va.us Honorable Mayor and Members of Council May 21, 2001 Page 2 Recommended Action: City Council adopt the attached resolution and appoint A.L. Gaskins to the Board and reconstitute the Board with the appointments listed in the resolution. Respectfully submitted, City Manager Attachments C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George McMillan, Sheriff ^.L. Gaskins, Chief of Police CM01-0075 IN THE COUNCIL OF THE CITY OF ROANOKE The 215t: day of I, lay, 2001. bio. 35356-052101. A RESOLUTION of the Council of the City of Roanoke, establishing, by joint action of the Boards of Supervisors of the. Counties of Alleghany, Bath Botetourt, Craig, Roanoke and Rockbfidge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke, and Salem, the membership of the Court-GmTtmunity Corrections Regional Community Criminal Justice Board to serve the region composed of those Counties and Cities. WHEREAS, the Boards of Supervisors of the Counties of Alleghany, Bath, Bo.tetou_rt, Craig, Roanoke and Rockbfidge, and the City Councils of the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem have established and operate the Court-Community Corrections Program, a local pretrial services and community-based probation program established and operated pursuant to the provisions of Article 2 of Chapter 5 of Title 53.1 and Article 1 of Title 19.2 of the 1950 Code of Virginia, as amended; and WHEREAS, the Virginia Comprehensive Community-Corrections Act for Locad-Responsible Offenders (Virginia Code Section 53.1-180 et seq.) and the Virginia Pretrial Services Act (Virginia Code Section 19.2-152.2 et seq.) require the establishment and appointment of a Community Criminal Justice Board for the Court-Community Corrections Program; and WHEREAS, a Regional Community Criminal Justice Board for the Court-Community Corrections Program previously has been established in accordance with law, and this Council, in conjunction with the governing bodies of the other jurisdictions which participate in this multijurisdictional program, deems it appropriate to reconstitute the Regional Community Criminal Justice Board for the Court-Community Corrections Program, pursuant to the authority granted to local governing bodies under Virginia Code Section 15.2-1411 and in consideration of changes in the Code of Virginia and the fact that the City of Clifton Forge, which had participated in this program, will revert to a town as of July l, 2001. NOW, THEREFORE, pursuant to the authority granted to this Council by Virginia Code Sections 15.2-1411,19.2-152.5, RESOLVED: 1. 53.1-183 and the Charter of this City of Roanoke, IT IS That a Regional Community Criminal Justice Board for the Court-Community Corrections Program is established. 2. That the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Ro~kbfidge, and the Cities of Buena Vista, Covington, Lexington, Roanoke and Salem are the jurisdictions which participate in the Court-Community Corrections Program. Each of these jurisdictions shall be represented on the Regional Community Criminal Justice Board. The Regional Community Criminal Justice Board shall consist of up to 25 persons, a number established by this resolution and by similar resolutions of the governing bodies of each of the other participating jurisdictions. The composition of the Regional Community Justice Board shall at all times comply with all applicable statutes and regulations. Each participating city or county shall have an equal number of appointments. 3. That in conjunction with resolutions of appointment adopted or to be adopted by the governing bodies of all participating jurisdictions, this Council, jointly with the other participating jurisdictions, appoints the following persons to the Regional Community Criminal Justice Board for the terms of years set forth below. Each appointment shall be effective as of July l, 2001. Because Section 53.1.183 provides that the Board's membership shall include persons who hold certain positions, this resolution sets out, beside the name of each person hereby appoimed, a descriptive title for that person's position or occupation. NAME AND TITLE: Chief A.L. Gaskins 3 Years Roanoke City Police Sheriff George McMillan Roanoke City Sheriff's Office John Higgins, Superintendent Rockbridge Regional Jail 3 Years 3 Years William H. Cleaveland, Esquire Roanoke, Virginia 3 Years. The Honorable Clifford R. Weckstein, Judge Circuit Court Twenty-third Judicial Circuit 2 Years Chief Ray Lavinder Roanoke County Police Department 2 Years Ray Burton Fitzgerald, Chief Magistrate Twenty-fifth Judicial District 2 Years James C. Alderson, Commonwealth Attorney Alleghany County/City of Covington 2 Years Sheriff Gerald Holt Roanoke County Sheriff's Office 2 Years Sheriff C. E. Simpson Alleghany County Sheriffs Office 2 Years Gail Burrus, Director, Counseling Services Blue Ridge Community Services Board Roanoke, Virginia 2 Years The Honorable Julian H. Raney, Jr., Judge Roanoke City General District Court Twenty-third Judicial District 1 Year The Honorable John B. Ferguson, Judge Roanoke City/Roanoke County Juvenile & Domestic Relations Court Twenty-third Judicial District 1 Year ~ SheriffRonnie Sprinkle Botetourt CoUnt~ Sheriff's Office 1 Year Dr. David Smith, Superintendent Bath County Public Schools 1 Year 4. That this Council, in conjunction with the governing bodies of the other jurisdictions which have established the Court-Community Corrections Program, hereby designates and appoint~ the City of Salem as the fiscal agent for the program. ATTEST: City Clerk. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHAN1E M. MOON Deputy City Clerk May 25, 2001 File #102 Patrick N. McDaniel, Vice President Lanford Brothers Co., Inc. 122 North Commerce Street, N. W. Roanoke, Virginia 24019 Dear Mr. McDaniel: I am enclosing copy of Ordinance No. 35357-052101 repealing and replacing Resolution No. 35285-041601; accepting the bid of Lanford Brothers Co., Inc., for making various repairs to four bridges within the City, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work, effective retroactively to April 16, 2001. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Barry L. Key, Director, Management and Budget N:~r. sml~Age~la.0t',~lay 21, 2C01 c~¢~ondecce.w1~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35357-052101. AN ORDINANCE repealing and replacing Resolution No. 35285-041601; accepting the bid of Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City, upon certain'terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; establishing an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Resolution No. 35285-041601, adopted April 16, 2001, is hereby repealed and replaced by this ordinance pursuant to the City Attorney's letter dated May 21,2001, to this Council; and the bid of Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City, as is more particularly set forth in the City Manager's letter dated April 16,2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactively to April 16, 2001. ATTEST: City Clerk. WILLIAM M. HACKWORTH CITY A"FI'ORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityattyl~ci.roanoke.va.us ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS May 21, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Bid for Bridge Repairs Dear Mayor Smith and Council Members: By letter dated April 16, 2001, the City Manager concurred in the recommendation of the Bid Committee that you accept a bid from Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City. Consistent with that recommendation, you adopted a measure which accepted the bid and authorized the City Manager to execute appropriate documents for the work related to the improvements. Due to an error in drafting, your action was taken in the form of a resolution. The City Charter, however, requires that the action be made by ordinance. Accordingly, I am recommending that the attached ordinance be adopted retroactively to April 16, 2001. The effect of adopting the ordinance will be that Resolution No. 35285-041601 will be repealed, and the City Manager will have legal authority to execute the appropriate documents. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH/SJT:snh Attachment cc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Assistant City Manager for Community Development Philip C. Schirmer, City Engineer H:\CC\L-CC-Bids (Lanford) (5-10-01) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1:536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: ¢lerk@¢i.roanoke.va.us May 25,2001 File #67 STEPHANIE M. MOON Deputy City Clerk John E. Hammer, President Martin Brothers, Inc. 2213 P~tterson Avenue, S. W. Roanoke, Virginia 24016 Gentlemen: Gene D. Lucas, President U. S. Construction Co. of Roanoke 8201-C Williamson Road, N. W. Roanoke, Virginia 24019 I am enclosing copy of Ordinance No. 35358-052101 repealing and replacing Resolution No. 35286-041601; accepting the bid of Breakell, Inc., for mak;ng ballfield improvements at two parks within the City, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work, effective retroactively to April 16, 2001. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your bid on the above-described project. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:~m l~geada. O l~Vlay 21,2001 c~rre~l~ndence.v4xl MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk May 25, 2001 File #67 Stanley G. Breakell, President Breakell, Inc. 2314 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Breakell: I am enclosing copy of Ordinance No. 35358-052101 repealing and replacing Resolution No. 35286-041601; accepting the bid of Breakell, Inc., for making ballfield improvements at two parks within the City, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work, effective retroactively to April 16, 2001. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Dadene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations D. Darwin Roupe, Director, General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget Philip C. Schirmer, City Engineer Rolanda A. Johnson, Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation N:~ftsml~genda.01'~lay 21,2001 ¢~nl~Conden~e.w13d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35358-052101. AN ORDINANCE repealing and replacing Resolution No. 35286-041601; accepting the bid of Breakell, Inc., for making ballfield improvements at two parks within the City, upon certain terms and conditions arid awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for such work; establishing an effective date; and providing for an'emei'gency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Resolution No. 35286-041601, adopted April 16, 2001, is hereby repealed and replaced by this ordinance pursuant to the City Attorney's letter dated May 21,2001, to this Council; and the bid of Breakell, Inc., for making ballfield improvements at two parks in the City, as is more particularly set forth in the City Manager's letter dated April 16,2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactively to April 16, 2001. ATTEST: City Clerk. WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FAX: 540-853-1221 E-MAIL: cityatty~ci.roanoke.va.us ELIZABETH IL DILLON STEVEN J. TALE~! GARY E. TEGENKAMP DAVID L. COLLINS CAROLYN H. FURROW ASSISTANT CITY ATTORNEYS May 21, 2001 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Bids for Ballfield Improvements Dear Mayor Smith and Council Members: By letter dated April 16,2001, the City Manager concurred in the recommendation of the Bid Committee that you accept a bid from Breakell, Inc., for certain improvements to City park softball/baseball fields. Consistent with that recommendation, you adopted a measure which accepted the bid and authorized the City Manager to execute appropriate documents for the work related to the improvements. Due to an error in drafting, your action was taken in the form of a resolution. The City Charter, however, requires that the action be made by ordinance. Accordingly, I am recommending that the attached ordinance be adopted retroactively to April 16, 2001. The effect of adopting the ordinance will be that Resolution No. 35286-041601 will be repealed, and the City Manager will have legal authority to execute the appropriate documents. With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH/SJT:snh Attachment cc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Assistant City Manager for Community Development Philip C. Schirmer, City Engineer H:\CC\L-CC-Bids (Breakell) (5-10-01 ) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #2-392 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35360-052101 authorizing the proper City officials' execution of an Agreement for Purchase and Sale of Real Estate, providing for the City's acquisition of certain property, identified as Official Tax Nos. 1010306 and 1010307, located at 119 and 117 Norfolk Avenue, respectively, from Robert E. and Lynn F. Zimmerman, in the amount of $636,000.00, which property is needed by the City for the Railside Linear Park - Phase I Project; approving the purchase price to be paid for such property and authorizing acceptance of a deed conveying such property to the City; and dispensing with the second reading of this ordinance. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment Darlene L. Burcham May 25, 2001 Page 2 pc: Ronald M. Ayers, Attorney, Johnson, Ayers and Matthews, First Campbell Square, 210 First Street, S. W., Roanoke, Virginia 24011 James D. Grisso, Director of Finance William M. Hackworth, City Attorney Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Barry L. Key, Director, Management and Budget N:~,~s~l~Agenc:la.01~lay 21. 2001 c=rresl~ondence.w';,,d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35360-052101. AN ORDINANCE authorizing the proper City officials' execution of an Agreement for Purchase and Sale of Real Estate, providing for the City's acquisition of certain property, bearing Official Tax Nos. 1010306 and 1010307, at 119 and 117 Norfolk Avenue, respectively, from Robert E. Zimmerman and Lynn F. Zimmerman, which property is needed by the City for the Railside Linear Park - Phase I Project; approving the purchase price to be paid for such property and authorizing acceptance of a deed conveying such property to the City; and dispensing with the second reading of this ordinance. WHEREAS, the Council of the City of Roanoke authorized acquisition of the necessary property rights for Railside Linear Park by negotiation or eminent domain on October 7, 1996, by Ordinance No. 33148-100796; WHEREAS, the Council of the City of Roanoke affirmed its intent to authorize acquisition of the necessary property rights for Railside Linear Park by negotiation or eminent domain on June 7, 1999, by Ordinance No. 34331-060799; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized and directed, for and on behalf of the City of Roanoke, to execute and attest, respectively, an Agreement for the Purchase and Sale of Real Estate (hereinafter the "Agreement"), by and between Robert E. Zimmerman and Lynn F. Zimmerman, and the City of Roanoke, approved as to form by the City Attorney, providing for the acquisition of real estate bearing Official Tax Nos. 1010306 1010307, at 119 and 117 Norfolk Avenue, respectively. 2. Upon the acceptance of the City's offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, and fulfillment of the other terms of the Agreement, the Director of Finance is directed to pay, in accordance with the terms of the Agreement, the sum of $636,000.00, the agreed amount of consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. This ordinance is intended to affirm the authority set forth in Ordinance No. 33148- 100796, adopted October 7, 1996, and Ordinance No. 34464-090799, adopted September 9, 1999, and nothing in this ordinance shall be construed to repeal or negate any authority granted by those ordinances. Pursuant to § 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:hMF-~.S URES~o-arltzimm~maa. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #2-60-392 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. GrisSo: I am attaching copy of Ordinance No. 35359-052101 amending and reordaining certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, providing for appropriation of $636,500.00, in connection with acquiring property owned by Robert E. and Lynn F. Zimmerman located at 119 and 117 Norfolk Avenue, S. W., which property is needed by the City for the Railside Linear Park - Phase I Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Dadene L. Burcham, City Manager Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Barry L. Key, Director, Management and Budget N:~ksm l~Agenda,Ol~May 21. 2001 corresgondee, ce.w~l IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2lst day of May, 2001. No. 35359-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects 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 dec,red to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Nondepartmental $ 66,907,433 Transfers to Other Funds (1) .................................. 67,477,065 Contingency- General Fund (2) ............................... 203,418 Fund Balance Undesignated Fund Balance (3) ................................ $ -0- Capital Projects Fund Appropriations Parks, Recreation and Cultural $ 8,820,161 Railside Linear Park Property Acquisition (4) ..................... 636,500 Revenues Nonoperating $ 5,260,818 Transfers from Other Funds (5) ............................... 5,145,318 1) Transfer to Capital Projects Fund 2) Contingency 3) Undesignated Fund Balance 4) Appropriated from General Revenue 5) Transfer from General Fund (001-250-9310-9508) (001-300-9410-2199) (001-3339) (008-620-9755-9003) (008-110-1234-1037) 636,500 (32,758) (603,742) 636,500 636,500 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage,.., ATTEST: City Clerk. WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATI'ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanoke.va.us ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'ITORNEYS May 21, 2001 The Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Railside Linear Park Dear Mayor Smith and Members of Council: As you know, we have been negotiating for several months with the owners of Official Tax Nos. 1010306 and 1010307, at 119 and 117 Norfolk Avenue, respectively, to purchase this property. Portions of the property are needed for the City's Railside Linear Park, and the remainder of the property would be used by the City to promote economic development. After protracted negotiations, the owners of this property have agreed to sell it to the City for $636,000. They have agreed to close on the property and convey it to the City on June 1, 2001, with $50,000 of the purchase price to be disbursed at closing. The owners would like to retain possession of the building for 150 days after closing, with the balance of the purchase price to be paid upon vacation of the premises. During the hold over period, the owners essentially would be tenants of the City, and would be required to provide the City with insurance, to continue to pay utilities, and to do all the other things normally expected of a tenant. During this hold over period, the City could undertake the necessary work that needs to be done on the premises for the Railside Linear Park Project, and the building would be available for the City to show economic development prospects. I have prepared an ordinance which would authorize the City Manager to execute an Agreement for Purchase and Sale of this property upon the terms which I have outlined above. If possible, we will attach the proposed Agreement to this report, but we may have to deliver it to you at or shortly before the Council meeting on May 21,2001, as we want to have this Agreement executed by the property owners before Council acts upon this matter. H:\COUNCIL\l-hmzimmset. 1 The Honorable Mayor and Members of Roanoke City Council May 21, 2001 Page 2 Please let me know if you have any questions about this matter. With kindest personal regards, I am Sincerely yours, WMH:f Attachment cc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Ronald M. Ayers, Esquire William M. Hackworth City Attorney H:\COUNClL\l-hmzimmset. 1 COPY, AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE THIS AGREEMENT dated this 18th day of May, 2001, and made by and between ROBERT E. ZIMMERMAN and LYNN F. ZIMMERMAN (hereinafter collectively referred to as "Sellers") and the CITY OF ROANOKE, VIRGINIA, (hereinafter referred to as "Purchaser" or "City"). WITNESSETl~: WHEREAS, Sellers are the owners of record and in fee simple of that property in the City of Roanoke, Virginia, and described among the tax map records of the City as Tax Map Nos. 1010306 and 1010307, bearing addresses of 119 and 117 Norfolk Avenue, S. W., respectively, and more particularly described on the attached Exhibit "A" incorporated herein by reference; and WHEREAS, the Purchaser has fried an action against Sellers seeking to exercise its power of eminent domain pursuant to the laws of the Commonwealth of Virginia; and WHEREAS, an agreement to sell the property described above has been reached in settlemem of all claims between the parties which are the subject of the aforesaid action; and WHEREAS, it is the desire of Purchaser to purchase and Sellers to sell such property as part of the resolution of Purchaser's condemation action against Sellers, all in accordance with the following terms and conditions: NOW TltEREFORE, in consideration of the mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of all of which is hereby acknowledged, the Sellers do hereby agree to grant, bargain, sell and convey unto the Purchaser and Purchaser does hereby agree to purchase the above-described property, together with all rights-of- way, easements, appurtenances and improvements on the property, all mineral, oil, gas, water and other subsurface rights and profits (but specifically excluding any profit that may be generated by warehousing activity on the Property after Closing and until Date of Possession), and all sewer, water, and other utility rights and all right, title and interest of Sellers in and to any roads, streets, and ways, public and/or private, serving and/or adjacent to the land (collectively hereinafter referred to as the "Property"), all in accordance with the terms of this Agreement. As additional consideration for the purchase and sale of the Property, the receipt and sufficiency of which consideration is hereby acknowledged, the Sellers do further hereby agree that, upon the receipt of the purchase price for the Property, all as set forth in this Agreement, the Sellers shall, by their counsel, endorse an appropriate order or orders that dismiss the condemnation action brought by the Purchaser against the Sellers in the Circuit Court for the City of Roanoke; and the Sellers and the Purchaser each at that time for themselves, their heirs, executors, administrators, assigns, Council members, officials, officers, employees, agents and other representatives, shall release and forever discharge the other, and its/their heirs, executors, administrators, assigns, Council members, officials, officers, employees, agents and other representatives, of and from all claims (including without limitation claims for expert witness fees, attorneys' fees, other litigation costs, and moving expenses), demands, damages, actions, causes of action and suits at law or in equity of whatsoever kind or nature for or because of any matter or thing done by the other or its Council members, officials, officers, employees, agents and other representatives relating in any way to the Property in question prior to and including the Date of Possession, as defined herein; but this mutual release does not release the rights of either party to enforce the terms of this Agreement. 1. PURCHASE PRICE AND TERMS OF PAYMENT: a. Purchase Price: The Purchase Price for the Property shall be SIX HUNDRED THIRTY-SIX THOUSAND Dollars ($ 636,000.00). b. Terms of Payment: The Purchase Price shall be payable as follows: (i) at the Closing, as hereinai~er defined, Purchaser shall pay to Sellers the sum of Fii~y Thousand and No/100 Dollars ($50,000.00) in cash or its equivalent; and (ii) at the Date of Possession, as hereinai~er defined, Purchaser shall pay to Sellers the balance of the Purchase Price in cash or its equivalent. 2. INSPECTION OF PROPERTY. The Purchaser, at its expense, shall have the right to conduct such investigations, inspections and inventories of the Property as it deems reasonable or necessary prior to the Closing. The Sellers hereby grant the City, its officers, agents, employees and independent contractors, the right to enter upon the Property at reasonable times upon reasonable notice, oral or written, from time to time after the date of this Agreement for the purposes of investigating, inspecting and performing inventories of the Property and for other purposes consistent with the City's interest under this Agreement. Purchaser agrees that such entry upon the Property will be at Purchaser's own risk and that Purchaser will indemnify and hold Sellers harmless for any injury or loss occurring to Purchaser or its representatives while upon Sellers' Property. The making of such investigations, inspections and inventories by the City, regardless of the outcome thereof, shall not affect the Sellers' representations or warranties set forth in this Agreement. The obligations of the Purchaser shall be contingent upon the satisfactory outcome of a reasonable inspection of the Property and Purchaser shall have until the day prior to the Closing from the date of this Agreement (''Feasibility Period") in which period Purchaser shall determine to its reasonable satisfaction that all aspects of the Property are reasonably feasible for Purchaser's purposes. In the event that all aspects of the Property are not reasonably feasible for Purchaser's purposes, then Purchaser shall have the right to declare, by written notice to Sellers, this Agreement null and void and of no further force and effect. 3. TITLE. The Property is to be sold free of encumbrances and all real estate taxes are to be current to the date of the Closing. Title to the Property shall be good of record and in fact, marketable, and insurable at regular rates by a reputable title insurance company doing business in the Commonwealth of Virginia and shall be acceptable to Purchaser in all respects. Sellers shall provide Purchaser, within seven (7) days of Sellers' execution of this Agreement, with a copy of any owner's or lender's title insurance policy or commitment to insure which Sellers l~ave or have available to them in the name of the current record owners. Purchaser shall examine title to the Property at Purchasers own cost, and in the event of title defects or objections, shall deliver a copy of the title report to the Sellers. In the event of defects or objections to the title, Sellers shall have a reasonable period of time in which to clear the title at Sellers' expense. The date for the Closing or other action required hereby shall be extended by the amount of time taken by Sellers to correct defects. If the items complained of are not corrected by Sellers within three (3) months from the date the report of title is delivered to Sellers, then this Agreement, at the option of the Purchaser, shall become null and void unless Purchaser is nevertheless willing to accept such tire as Sellers are able to deliver. It is agreed that Purchaser may require the proceeds of sale to be used at the Closing to discharge any monetary encumbrances against the Property. During the term of this Agreement, Sellers shall not mortgage or encumber the Property or execute any easements, covenants, conditions or restrictions with respect to the Property or otherwise take any action to alter the status of title 4 without first obtaining Purchaser's prior written consent. It shall be the responsibility of the Sellers to obtain any partial or full releases necessary to convey the Property free and clear of any liens. 4. REPRESENTATIONS AND WARRANTIES OF SELLERS. Sellers represent and warrant to Purchaser as of the date hereof, such representations and warranties to be repeated and true as of the date of the Closing: a. That Sellers hold the entire fee simple title to all of the Property (legal and equitable), with full power to convey same in fee simple absolute without the consent of any other party. b. Sellers have not entered into any executory agreement with any gbvernmental or quasi-governmental authority relating to the Property, or any pan thereof. c. That Sellers will, during the term of this Agreement, keep any existing mortgage(s), or deeds of trust against the Property current and not in default and pay taxes and other public charges against the Property so as to avoid forfeiture of Purchaser's fights under this Agreement and upon request by Purchaser will provide within five (5) days the names, addresses and phone numbers of any lienholders. d. That there exists vehicular and pedestrian access to and from the Property and a public road to service the Property, without the necessity of obtaining an easement or other fight from any property owner. e. The Property and the use thereof are free of any violations of applicable regulations, ordinances and laws. f. Sellers are not a "foreign person" as defined by Section 1445 of the Internal Revenue Code. Sellers' United States Taxpayer Identification Numbers are 223-96-0682 and 228- 86-2020. g. Sellers represent and warrant to the Purchaser that all bills and claims for labor performed or materials provided to or for the benefit of the Property have been paid or will be paid in full by the Sellers, and that there are no mechanics liens perfected or noted as affecting the Property. Furthermore, Sellers agree to execute and deliver at the Closing such affidavits or indemnities or take such other actions as Purchaser's title insurance company shall reasonably require. Should any of the above representations cease to be true at any time prior to the Closing, Sellers shall immediately so advise Purchaser in writing. Except insofar as Sellers have advised Purchaser in writing to the contrary, each of the above representations shall be deemed to have been made as of the Closing and shall survive the Closing. At the Closing, if Purchaser so req~ests~ Sellers shall deliver to Purchaser a certificate in a form satisfactory to Purchaser's counsel stating that each of the above representations is true and correct as of the Closing. 5. POSSESSION. Possession of the Property shall be delivered to the Purchaser no later than one-hundred fifty (150) days from the date of the Closing free whatsoever of any tenant or occupant. Notwithstanding the aforementioned one hundred fifty (150) day period, the actual date upon which the Sellers completely vacate the Property shall be deemed to be the"Date of Possession" for purposes of this Agreement. During the period from the Closing until the Date of Possession, Sellers' interest in the Property shall be that of a holdover tenant whose occupancy of the property is governed by the terms of this Agreement. Prior to the Date of Possession, Sellers, at their own expense, shall remove all personal property, trash and debris, and may remove fixtures from the Property, provided such removal will not impact the structural integrity of any improvements on the Property. In the event Sellers fail to remove all such personal property, trash and debris, excluding fixtures, from the Property prior to the Date of Possession, the City may deduct all costs of removing such property from that portion of the 6 Purchase Price due as of the Date of Possession. For the purpose of this Agreement, fixtures shall be defined as all articles which, once affixed to the Property, become accessory to and part of it (i.e. heat pumps, lighting fixtures, mirrors, etc.). The Property shall be delivered to the Purchaser at the Date of Possession in a broom-clean condition. The provisions of this Paragraph 5 shall survive the Closing. 6. ADJUSTMENTS. Taxes, including roll-back taxes, if any, and imerest and the like, if applicable, are to be adjusted to the date and time of the Closing. If the Closing shall occur before the Property has been assessed for taxation for the currem year, or before the tax rate is taxed for the then currem year, the apportionmem of taxes shall be on the basis of the tax rate~ for the previous year applied to the latest assessed valuation, with proration to be adjusted between the parties based on the actual taxes for the year of closing at such time as the actual taxes are determined. The provisions of this Paragraph 6 shall survive the Closing. 7. CONVEYANCE/COSTS. At Closing, Sellers shall convey the Property to Purchaser by good and valid General Warranty Deed with English covenants of title to be prepared at Sellers' expense and Sellers shall pay the State Grantors Tax. The cost of examining and insuring the title, conveyancing, notary fees, and state and city transfer recording taxes and fees, are to be at the cost of the Purchaser. 8. SEI,LERS' ENGINEERING DATA. Sellers agree to deliver to Purchaser at Purchaser's request free of charge but subject to being returned if this Agreement is terminated, all engineering and surveying data and development plans concerning the Property in Sellers' possession as of the date hereof, including any boundary surveys that Sellers may have. 9. SETTI,EMENT AND CLOSING. Settlemem and closing on the Property is to be held the day after the Roanoke City Ordinance voted on at the Roanoke City Council Meeting on May 21,2001, becomes effective, which date will either be June 1,2001 or June 15,2001 depending upon the vote of the Roanoke City Council at its meeting on May 21, 2001. Settlement and closing on the Property shall be held at the Office of the City Attorney for the City of Roanoke, Room 464 Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, assuming all contingencies have been satisfied (for purposes of this Agreement the foregoing shall be referred to as the "Closing"). lO. DEFAULT. a. If the sale contemplated by this Agreement is not consummated through default of Sellers, Purchaser may terminate this Agreement or may seek and obtain specific pe~forn~ance of this Agreement together with any other remedies available to Purchaser in law or equity. b. If the sale contemplated by this Agreement is not consummated through default of Purchaser, Sellers may terminate this Agreement or may seek and obtain specific performance of this Agreement, together with any other remedies available to Sellers in law or equity. 11. RISK OF LOSS. The risk of loss or damage to the Property by fire or other casualty until the Date of Possession is assumed by Sellers. The provisions of this Paragraph 11 shall survive the Closing. 12. UTILITIES. The Sellers shall be responsible for payment of all utility expenses incurred by them or incurred by any other occupants, prior to the Date of Possession. Sellers shall ensure that service by all utility companies, including but not limited to the City, has been terminated on or before the Date of Possession. 13. BUII,1}ING, FIRE AND ZONING REGULATION. All violations of any building, fire or zoning regulations or requirements noted or issued by any department of any governmental body having any jurisdiction or action in any court on account thereof against or affecting the 8 Property at the Date of Possession, whether disclosed by inspection requested by Purchaser or not, shall be complied with by Sellers and the Property conveyed free thereof. 14. NOTICE. Whenever notice is required or desired to be given, said notice shall be deemed to have been duly given when mailed by registered or certified mail, return receipt requested, addressed to the respective parties, as follows: IF TO PURCHASER: IF TO SELLERS: William M. Hackworth, City Attorney Room 464 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 David O. Williamson, Esquire David O. Williamson, P.C. 302 Washington Avenue, S.W. Roanoke, VA 24016 Such addresses may be changed by providing notice of such change in accordance with this paragraph. 15. REAL ESTATE COMMISSION. Sellers and Purchaser do hereby acknowledge context. and in any event, the Sellers and Purchaser each agree to pay for any and all real estate commission for which each may be liable and to further indemnify and hold harmless each to the other from any claim for such commission or damage as a result of such claim, including reasonable attorney's fees charged to defend such claim. 16. PARTIES. intended to include the feminine gender, the neutral gender, and plurals, as the case may appear from 17. BINDING EFFECT. This Agreement and all of the terms, conditions and obligations hereunder shall inure to the benefit or obligation, as the case may be, and shall be binding upon the All references herein to parties are in the masculine gender, and are that there is no real estate agent or real estate broker responsible for bringing about this transaction; parties and their respective personal representatives, heirs, successors and assigns. The Sellers shall sign this Agreement prior to any action by City Council, but the parties expressly understand and agree that this Agreemem shall not be binding upon the City or upon the Sellers until City Council approves the transaction to which this Agreemem relates and adopts the necessary ordinance concerning that transaction. The City shall have a reasonable period of time in which to present this Agreement to City Council for its consideration. 18. SEVERABILITY. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision hereof. · 19. APPLICABLE LAW. This Agreement and all questions of construction of the provisions hereof and of the rights and liabilities of the parties hereunder shall be construed and determined in accordance with the applicable laws of the Commonwealth of Virginia. 20. COUNTI~RPARTS. This Agreement may be executed simultaneously in several coumerparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 21. AMENDMENTS. This Agreement constitutes the entire agreemem between the parties, shall replace and supersede all prior agreements between the parties, whether written or oral, and may be amended only by a written agreement signed by all of the parties and the terms and conditions set forth herein shall survive the passing of title. This provision of this Agreement cannot be waived or altered in any way by verbal agreemem, course of conduct or any means other than a writing signed by both parties. 10 22. HEADINGS. The headings of the several articles in this Agreemem have been prepared for convenience or reference only and shall not comrol or affect the meaning or be taken as an interpretation of any provision of this Agreement. 23. SURVIVAL OF ALL REPRESENTATIONS AND WARRANTIES. The representations, warranties, covenants and agreements of Sellers and Purchaser comained in this Agreement shall survive Closing hereunder and the delivery and recordation of the Deed pursuant to this Agreement. 24. PURCHASER'S CONDmONS OF SALE. The sale and conveyance of the Property under this Agreemem and Purchaser' s performance hereof is, in addition to otl~er conditions of this Agreement, conditioned at Purchaser's option upon the following: (a) As of the Closing, (i) title to the Property shall be good and marketable, and flee and clear of all mortgages, liens, encumbrances, leases, restrictions, easements and encroachments, except those acceptable to the Purchaser, and such mortgages and liens to be satisfied out of the purchase price payable at Settlement, and (ii) the title company shall be prepared to issue, at standard premium rates, a title insurance policy to Purchaser insuring title to the Property subject only to the exceptions acceptable to the Purchaser (b) Reports satisfactory to the Purchaser of the inspections specified in Paragraph 2. (c) The Property at Date of Possession is in substantially the same condition as of the date of this Agreemem, reasonable wear and tear excepted. In the event the foregoing conditions are not met to the satisfaction of the Purchaser, then, and in that event, the Purchaser shall give Sellers notice of same and this Agreement shall be null and void, and Purchaser shall be flee to pursue whatever remedies are available to Purchaser in law or equity. 25. SELl.ERS' RESPONSIBILITIES AFTER CLOSING AND UNTIL DATE OF POSSESSION: As set.forth in this Agreemem, Sellers shall have up to one hundred fifty (150) days 11 at~er the Closing during which to vacate the Property. During this period and until the Date of Possession, Sellers hereby agree to the following: a. To the extem that continued occupation of the Property causes the Purchaser to incur any expenses or costs that Purchaser would otherwise not incur if the Property were not so occupied, then Sellers shall reimburse Purchaser for such expenses or costs that Purchaser documents to Sellers in writing. To the extent Sellers fail to remit any such documented expenses or costs to Purchaser prior to the Date of Possession, then Purchaser shall have the right to deduct such documemed expenses and costs from the second installmem of the Purchase Price. b. Sellers shall cominue to maintain general liability insurance and propert3/and ~asualty insurance on the Property at the levels in effect as of the date of this Agreement, and Sellers shall have Purchaser listed as an additional insured on such policies. Notwithstanding the foregoing, if Sellers' negligence or the negligence of any occupant of the Property causes any claim to be asserted against Purchaser or causes Purchaser to suffer any losses, damages, costs or expenses that exceed or that are not otherwise covered by the insurance to be maintained in accordance with this subparagraph b., then Sellers agree to indemnify and hold harmless Purchaser from and against any such claims and Sellers agree to reimburse Purchaser for any such losses, damages, costs or expenses, including reasonable attorney's fees, suffered by Purchaser. c. Purchaser shall have reasonable access to the Property for any purpose deemed necessary by Purchaser, and Purchaser shall, unless necessitated by an emergency, provide Sellers with prior notice of its need to access the Property. d. Sellers hereby agree that if work on the Railside Linear Walk project affecting the Property is commenced prior to the Date of Possession, that as of the date of the commencement of such work Sellers shall no longer have access to the Property from Norfolk Avenue for commercial 12 purposes without the prior written permission of the Purchaser, which permission shall not be unreasonably withheld, and Sellers will take all measures reasonably necessary to ensure that the continued occupancy and use of the Property shall not interfere with said work. [The remainder of this page is intentionally lef~ blank.] 13 ATTEST: WITNESS the following signatures and seals: SELLERS: PURCHASER: - Robert E~mmerman zim ah CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By: Darlene L. Burcham, City Manager 14 COMMONWEALTH OF VIRGINIA § § To-wit: CITY/C~ OF ~t~~cc~ § The foregoing instrument was acknowledged before me this~lay of~ Commission expires: /~c.~ o_~3t ~x.~. My [ SEAL ] · 0 ~otary ~b~i¢~ COMMONWEALTH OF VIRGINIA § § To-wit: CITY OF ROANOKE § · The foregoing instrument was acknowledged before me this day of ..... by Darlene L. Burcham, City Manager, and Mary F. Parker, City Clerk, for and on behalf of the City of Roanoke. My Commission expires: [ SEAL ] Notary Public Appropriation and Funds Required for this Agreement Certified: Director of Finance Account No: Approved as to Form: Approved as to Execution: City Attorney City Attorney Date: Date: 15 EXHIBIT A See the following Deeds attached to this Exhibit A: Deed of Gift dated October 17, 1995, and recorded in the Circuit Court Clerk's Office of Roanoke City, Virginia as Instrument No. 990001881; Deed dated September 23, 1987, and recorded in the Circuit Court Clerk's Office of Roanoke City, Virginia in Deed Book 1569, Page 1302; and Quitclaim Deed dated June 16, 2000, and recorded in the Circuit Court Clerk's Office of Roanoke City, Virginia as Instrument No. 000009102. 16 ~tob~r, 1995, by and between ROBERT ~_~~ his wile, .nd JC~N W. ~ and SOND~ 5. ~, his W I T N g S 5 T~AT FOR and i~ conmid~zat[oll of Love and affection~ th,~' UBGINNI~G it a point on the north line ct ~rfolk Avm,Ue, S.W., (loFtily Fron~ and Nor[olk iv~num,I.W., the co~n corner I.o~ ~0 i~d Lnt l~, F. ~- ~er~ ~; thence ~n a northerLY dL~ectLon w~th d~z~ction to a ~int on the north ~ight oJ way Avenue tn an easterly d~ faction to the ~[~Je of BEGINNING, end being Lots 9 and 10~ as ~how[~ on the Map o~ the lands o~ P. L. Terry'. Front Street Property, prepared ~y Dunstan und Wingmte Engineers, dated January, 1889; and BgING deeiqn~t~d on Sheet rOI of ~he Clt~ of ~oanok~ ~pr~i~al Map aa No. i010]07, laid land fronting approxi~teiy 50 teat on the no~th side o~ Norfolk Ay.hue and extending back in a northerly direction to th. 1ar.~' nf TOGBT~ER with thl right, privilage and eaaement Lo ual am plrt¥ wall! (1) tbs lilt wall o£ the existing bl~£ck vlrehoull building buildin~ l~at~ on the 1o% i~iately adjoining the above delCrl~d property on thl malL, foe eo long am each or either ot laid and partly on the respective ~djoining tot. SU~ECT, H~BVBR, Lo Lhe right, prtvtLoqe and eammnt of ( 1 j the aner ot the lot tmdiateiy adjoining the a~v. deecrib~ pro~rty on the welt, hie haiti and aemLgne, to use the west wail ot t~e existing b~ic~ wa~eh~ae buildinq Located on the a~ve described property em a part for es long am that vail ro~/ne $tandinq and (2) the ~nur OJ tho lot ~diatoly ad)oinlnq th~ ubuv~ descried property to th. uaaL, hie heir. and John L. ~art ~oanoke, Va. brick wm~ehouse buildinq located on ~he ~bove described property ms ~ p~Lt¥ w~ll lot ~u ~onq BEI~ the ma~ p[o~e£ty conveyed to Robert E. Zi~er~n and John W. 8agen ~rom Oavid N. 1984, recorded in the Clerk's Offkce of the Circuit Cour~ of the C~ty et Roanoke, Virginia, ilt Deed B~k 1501, paqe 624. ~ ~ ~D TO BOLD unto the said Robert Edwin [~rman a~d ~ynn F. Zimmer~n, husband and ~tte, Grantees, &s tenants by the .nti[ety, with th. survivor taking the f-- simple tit-is~-~']'a'O~ h~ h~lrs and assiqna ~orever. zese[vations, easements and restrictions afl,ting the property herein conveyed. _ . - John L. Hart Arty at Law Roanoke, Va. THIS DEED, made and entered into this the 23rd day of September, 1987, by and between ROBERT E. ZIMMERMAN, as his sole and separate equitable estate, party of the first part; and ROBERT EDWIN ZlMMERMAN and LYNN F. ZlMMERMAN, husband and wife, or the survivor, parties of the second part. :WITNESSETH: THAT, FOR AND IN CONSIDERATION of the sum of TEN DOLLARS ($10.00) cash in hand paid by the parties of tho second part unto the party of the first part, and other good and valuable consideration, the receipt of which is hereby acknowledged, the party of the first pert does hereby bargain, sell, grant and convey with G~nere~ Warranty end English Covenants of Title unto ROBERT EDWIN ZIMMERMAN and LYNN F. ZIMMERMAN, husband and wife, as tenants by the entireties with the right of survivorship es at common law, ell that certain lot or percol of lend, lying end being in the City of Roanoke, State of Virginia, and more particularly described es follows, to- wit: BEGINNING et a point on the north right-ot-wey line of Norfolk Avenue, S. W. (formerly Front Street), 273.5 feet, more or less, west of the northwest corner of First Street, S. W. (formerly Henry Street) end Norfolk Avenue, S. W., common corner of Lot 6 end Lot 7, P.L. Terry Map, on file in the City Engineer's office es Plan No. 1693; thence in a northerly direction with tho division line between said Lots 6 end 7 to · point on the south line of the lands of the Norfolk and Western Railway CQmpeny; thence with the Norfolk end Western Railway Company line In in easterly direction to · point, common corner to Lot 8 end Lot 9, P.L. Terry Map; thence with the division line between said Lots 8 end g, in i southerly direction to i point on the north right-of-way line of Norfolk Avenue, S. W.; thence with Norfolk Avenue, S. W., in i westerly dirKtion to the piece of BEGINNING; end BEING Lots 7 end 8 es shown on the aforesaid map of the lands of P.L. Terry, end being ell of the property designated es No. 1010306 on Sheet 101 of the City of Roanoke Appraisal BK1569P~''~[30'3 Map, said land fronting approximately ~0 feet on the north side of Norfolk Avenue, S. W., and extending back in a northerly direction to the lands of the Norfolk and Western Railway Company. TOGETHER with the right, privilege and easement to use as a party wall the west wall of the existing brick warehouse building located on the lot immediately adjoining the above-described property on the east, for so long as that wall remains standing, said wall being situated partly on the above-described property and partly on the said adjoining lot; SUBJECT, HOWEVER, to the right, privilege and easement of the owner of the lot immediately adjoining the abova-deacribed property on the east, his heirs and assigns, to use the eeat wall of the exlating brick warehouse building located on the above-described property as a party wall for so long as that wall remains standing. EXPRESSLY SUBJECT to and in accordance with that certain party wall agreement dated August 15, lglbl, by and between C ~ L Investments and Nelson C. Vest, recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1507, page 314. BEING the same real estate conveyed to ROBERT E. ZIMMERMAN, as hie sole and separate equitable estate, by deeds (1) dated May 5, 1987, of record in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, in Deed Book 1560, at page 1215 and (2) dated September 23, 1987, to be recorded in the aforesaid Clerk's Office immediately prior to this deed of conveyance. This deed is made subject to, all easements, reservations, restrictions and conditions of record affecting the hereinabove described property. WITNESS the following signature and s~eal: STATE OF VIRGINIA ~ The foregoing instrument was acknowledged before me this day ~~, l~7, by ROBERT E. ZI~ERMAN. My Commission expires: O0000qlO? J Jt ,%1~p %~. JOlOT(lfl )L lilll)~,O? [lll.~ (..)LII ICI AIM [')[ FP. m,~,l~' ,md c;;f~:~:4 H:t,~ ti~, If,th day o[ J'.m¢. 20~'), by ~ bctv,¢c,~ ('i I¥ Of I{OA.~()KI~. (;rahtor. ;md ROOF;iiT Iq.. /.IM~,'I£1~,II,1AN amd I.YNN F. *llll-I(l*l-(ll~l', F(~,I~ ANII, 1,% ( III'..%~I~t. RAII(JN ~,1 thc ~,.mt t 'i ~ut.ht~.m ~,1 t'~-p~ ( it,,~1' t ~ J' ~ ~l IJ.? ( '1:~ ,)l ~ual(,[:, ii.ifil 1 ~l ~ ( j l~.~lll ~ t' I. pabco.t) .2078. and 2 ~8 ~d thc properly herein c,n~eycd ~'iJ-NFSS linc follo~,uLc sly. ndlurt' anti ('11~' OF ROANOKE, VIRGINIA } L'OMM(.)NWI'ALTll ()F ¥1R¢ ilNIA J .:; ('11'~ (iF ROANOKI' ~ ( Not~'l~lhhl~c MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cixoanoke.va.us May 29, 2001 File #27-60-514 STEPHANIE M. MOON Deputy City Clerk Larry G. Conner, Jr., Vice President Aaron J. Conner, General Contractor, Inc. P. O. Box 6068 Roanoke, Virginia 24017 David R. Conner, President E. C. Pace Co., Inc. P. O. Box 12685 Roanoke, Virginia 24027 Joseph Lynch, Jr., First Vice President Marshall Construction Co. 2652 Old Richmond Road Danville, Virginia 24540 Terry L. St. Clair, President Jack St. Clair, Inc. P. O. Box 12961 Roanoke, Virginia 24030 Gentlemen: I am enclosing copy of Ordinance No. 35362-052101 accepting the bid of Virginia Infrastructure, Inc., to connect inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street, in connection with the Garden City Storm Drain Project - Phase 7, in the amount of $80,236.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your bid on the above-described project. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us May 25, 2001 File #27-60-514 STEPHANIE M. MOON Deputy City Clerk Andrew H. Hoofnagle, Vice President Virginia Infrastructure, Inc. 74 Breckinridge Court Lexington, Virginia 24450 Dear Mr. Hoofnagle: I am enclosing copy of Ordinance No. 35362-052101 accepting the bid of Virginia Infrastructure, Inc., to connect inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street in connection with the Garden City Storm Drain Project - Phase 7, in the amount of $80,236.00, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer Barry L. Key, Director, Management and Budget N:~ksml~gertda.OlWlay 21, 2001 correspoc~er, ce wpcl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35362-052101. AN ORDINANCE accepting the bid of Virginia Infrastructure, Inc. to connect the inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street in connection with the Garden City Storm Drain Project - Phase 7, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Virginia Infrastructure, Inc. in the amount of $80,236.00 to connect the inlets. on Yellow Mountain Road to an existing storm drain system on Melcher Street in connection with the Garden City Storm Drain Project - Phase 7, as is more particularly set forth in the City Manager's Letter dated May 21,2001, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF RO 4NOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #27-60-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35361-052101 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for the transfer of $89,000.00, in connection with the Garden City Storm Drain Project - Phase 7, to connect inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer Barry L. Key, Director, Management and Budget N:~k, sml~Agenda.01~J~lay 21, 2001 con'espondence.w~d IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35361-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. 'THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A_~)roDriations Sanitation $ 2,290,725 Garden City Phase 7 Storm Drain (1) ............................ 109,000 Capital Improvement Reserve $ 3,833,581 Public Improvement Bonds Series 1996 (2) ....................... 155,207 1) Appropriated from Bond Funds- Series 1996 (008-052-9693-9088) $ 89,000 2) Storm Drains (008-052-9701-9176) (89,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Bid Committee Report Garden City Storm Drain Project Phase 7 Bid No. 01-03-68 There are two (2) drop inlets on Yellow Mountain Road, near the intersection with Garden City Boulevard, that collect stormwater runoff from Yellow Mountain Road. The inlets release the collected water onto private properties which do not drain naturally; therefore, the stormwater ponds near the homes and businesses located on the properties. In order to redirect the runoff, the existing storm drain system on Yellow Mountain Road needs to be connected to another existing storm drain system. Construction plans have been completed to connect the inlets on Yellow Mountain Road to an existing storm drain system on Melcher Street. Considerations: Bids were opened on April 10, 2001. submitted by Virginia Infrastructure, 24450, in the amount of $80,236. Five bids were received with the lowest bid being Inc., 74 Breckinridge Court, Lexington, Virginia Funding in the amount of $89,000 is needed for the project and is available in Public Improvement Bond Series 1996, account number 008-052-9701-9176. Additional funding in excess of the contract amount will be used for miscellaneous project expenses including advertising, printing, testing services, minor variations in bid quantities and unforeseen project expenses. Recommended Action: Authorize the City Manager to enter into a contractual agreement with Virginia Infrastructure, Inc. in the amount of $80,236 and 120 consecutive calendar days to construct the Garden City Storm Drain Project Phase 7. Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanake.va.us The Honorable Mayor and Members of Council May 21, 2001 Page 2 Transfer $89,000 from the Public Improvement Bond Series 1996, account number 008- 052-9701-9176, to the Garden City Phase 7 account 008-052-9693. Reject the other bids received. Respectfully submitted, i iam H. Carder W. Alvin H,~, L - Philip O. Schirmer I concur in the recommendation of the Bid Committee and recommend it to you for approval. Re_spectfully submitted, City Manager DLB/CAB/bls Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services # CM01-0071 ATTACHMENT TABULATION OF BIDS GARDEN CITY STORM DRAIN PROJECT PHASE 7 BID NO. 01-03-68 Bids were opened by Robert L. White, Manager, Purchasing Department, on Tuesday, April 10, at 2:00 p.m. Virginia Infrastructure, Inc. $ 80,236.00 Aaron J. Conner, General Contractor, Inc. $ 84,927.00 Marshall Construction Company $127,894.50 E.C. Pace Company, Inc. $ 84,094.00 Jack St. Clair, Inc. $112,450.00 Engineering Estimate: $93,030.00 Office of the City Engineer Roanoke, Virginia May 21, 2001 Office of the City Manager May 2'{1~,i 2001 '~ ~ :i: :: ~'~ Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Recycling Services Bid No. 01-03-34 & 01-03-35 Background: The goal of the Solid Waste Management Division is to begin commingled collection of recyclables from all residents on July 1, 2001. The new program will allow residents to recycle a broader range of products on a weekly basis, alternating between mixed paper products one week and a mixture of metal, plastic and glass containers the following week. Disposal services for paper commodities as well as bottle and can commodities are needed. Considerations: Two (2) separate bids were advertised. Three (3) responses were received for paper commodities while two (2) responses were received for bottle and can commodities. The overall best bids were submitted by Cycle Systems, Inc., and are dependant upon accepting both bids, with better pricing offered for meeting a certain threshold. That is, if both commodities total less than 300 tons per month, Cycle Systems would charge $5.00 per ton for paper commodities while bottles and cans would be disposed at $0.02 per pound ($40.00 per ton). If the total for both commodities was greater than 300 tons per month, there would be no charge by Cycle Systems for disposal of either commodity. (Recycling totals averaged 128 tons per month from December 2000 through March 2001). It is anticipated that with proper promotion, education and the expansion of the commingled program to all residences, Roanoke can achieve the 300- ton per month goal. Funding for disposal costs that might be incurred is available in the Solid Waste Management operating budget. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke,va.us Honorable Mayor and Members of Council May 21, 2001 Page 2 Recommended Action: Accept the bids of Cycle Systems, Inc., and authorize the City Manager to execute a contract with Cycle Systems, Inc., approved as to form by the City Attorney (for the acceptance of both the paper commodities bid and the bottle and can commodities bid). Reject all other bids. Respectfully submitted, Robert K. Benotson, P.E. Frank (Skip) Docker Robert White I concur in the recommendation of the Bid Committee and recommend it to you for approval. Respectfully submitted, City Manager DLB:gpe c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Robert K. Bengtson, P.E., Director of Public Works Frank (Skip) Decker, Solid Waste Management Superintendent Robert White, Purchasing Manager CM 01-00087 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION authorizing the acceptance of two bids, and execution of a contract with Cycle Systems, Inc., for the provision of recycling services for paper commodities, and for bottle and can commodities, upon certain terms and conditions, and rejecting all other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Cycle Systems, Inc., for the provision of recycling services for paper commodities, as more particularly described in the May 21, 2001, letter to this Council, is hereby ACCEPTED. 2. The bid of Cycle Systems, Inc., for the provision of recycling services for bottle and can commodities, as more particularly described in the May 21,2001, letter to this Council, is hereby ACCEPTED. 3. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the requisite contracts with Cycle Systems, Inc., upon form approved by the City Attorney, for the services listed above, upon the bid prices and such terms and conditions as are more fully set out in the letter to this Council dated May 21, 2001. 4. Any and all other bids made to the City for the aforesaid services are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express the City's appreciation for such bid. ATTEST: City Clerk. H:\RES~R-Bid-CycleSystems (Recycling) (05-21-01) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 l¢lephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk May 29, 2001 File #60-514 M. Wayne Hylton, Jr., Vice President S. R. Draper Paving Co. 4742 Old Rocky Mount Road Roanoke, Virginia 24014 Stanley H. Puckett, President L. H. Sawyer Paving Co., Inc. 496 Glenmore Drive Salem, Virginia 24153 Gentlemen: I am enclosing copy of Ordinance No. 35364-052101 accepting the bid of Adams Construction Co., in the total amount of $1,969,602.91, base bid plus Alternate No. 1, for paving and profiling of various streets within the City of Roanoke, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your bid on the above-described project. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk May 29, 2001 File ¢t.60-514 Gary W. Wright, Executive Vice President Adams Construction Co. P. O. Box 12627 Roanoke, Virginia 24027 Dear Mr. Wright: I am enclosing copy of Ordinance No. 35364-052101 accepting the bid of Adams Construction Co., in the total amount of $1,969,602.91, base bid plus Alternate No. 1, for paving and profiling of various streets within the City of Roanoke, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer Barry L. Key, Director, Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35364-052101. AN ORDINANCE accepting the bid of Adams Construction Company for paving and profiling of various streets, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Adams Construction Company made to the City in the total amount of $1,969,602.91 (base bid plus Alternate No. 1), for paving and profiling of various streets within the City of Roanoke, as is more particularly set forth in the City Manager's letter to this Council, dated May 21, 2001, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the Purchasing Manager, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the above work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD--GEN~O-Bid-Pavins-Adams (5-21-01 ) CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 25, 2001 File #60-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35363-052101 amending and reordaining certain sections of the 2000-2001 General and Capital Projects Funds Appropriations, providing for appropriation and transfer of funds in connection with the paving and profiling of various streets in the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Operations D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer Barry L. Key, Director, Management and Budget N:~ksml~Agenda. 01~,~ay 21,2001 correspondence.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35363-052101. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General and Capital Projects 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 2000-2001 General and Capital Projects Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Appropriations Public Works $ Paving Program (1) ......................................... Nondepartmental $ Transfers to Other Funds (2) .................................. Revenues Grants-in-Aid Commonwealth $ Other Categorical Aid (3) ..................................... Fund Balance Reserved for CMERP - City (4) ................................ $ Capital Projects Fund Appropriations General Government $ Greater Gainsboro Infrastructure Improvements (5) ................ Lincoln 2000 Project (6) ..................................... Public Works Service Center Improvements (7) ................... 24,804,205 2,437,513 66,538,691 67,075,565 53,167,368 15,770,972 862,300 16,483,424 1,209,799 100,000 35,000 Revenues Nonoperating Transfers from Other Funds (8) ................................ 1) Appropriated from General Revenue 2) Transfer to Capital Projects Fund 3) Street Maintenance 4) Reserved for CMERP - City 5) Appropriated from General Revenue 6) Appropriated from General Revenue 7) Appropriated from General Revenue 8) Transfer from General Fund (001-530-4120-2010) (001-250-9310-9508) (001-110-1234-0650) (001-3323) (008-410-9625-9003) (008-410-9629-9003) (008-530-9766-9003) (008-110-1234-1037) 417,949 235,000 197,949 (455,000) 100,000 100,000 35,000 235,000 $ 5,417,318 5,417,318 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Office of the City Manager May .21', 2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Bid Committee Report 2001 Paving Program Background: Three bids for the 2001 Street Paving Program were received on May 1, 2001 (see Attachment 1 - Tabulation of Bids) and were referred to the Bid Committee for review and report back to City Council. The Iow bid in the amount of $1,880,352.91 was submitted by Adams Construction Company (of Roanoke, Virginia). Alternate No.1 (raising manholes) was bid at $89,250.00 resulting in a total bid of $1,969,602.91. A time of one hundred eighty (180) days was specified for this project. City Council has directed the Administration to give "every consideration" to maintaining a 20-year paving cycle on City streets. The 20-year paving cycle requires that 57 lane- miles be paved each year within the City of Roanoke. This contract includes paving at the Public Works Service Center Lot and the road leading to the Carvins Cove Boat Landing. The establishment and/or funding of the Lincoln 2000 Project, Greater Gainsboro Infrastructure Improvements and the paving of the Public Works Service Center lot are also included in this action. Considerations: Amount of the Iow bid is acceptable. The $40.90 price per ton of asphalt is less than last year's price of $41.25 and the overall contract price is less than the engineer's estimate. The contract allows the City to adjust unit quantities within certain limits. The quantities total 28,369 tons of asphalt, which will enable the resurfacing of the streets listed in Attachment 2 - 2001 Paving Program List of Streets. The funding for the paving program is sufficient to cover all associated program costs which include contract expense, replacement of traffic signal detectors and miscellaneous project expenses (see Attachment 3 - Paving Program Financial Breakdown). Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci .roanoke.va .us Honorable Mayor and Members of Council May 21, 2001 Page 2 Recommended Actions: Accept the bid of Adams Construction Company and authorize the City Manager to enter into a contractual agreement with Adams Construction Company in the amount of $1,969,602.91 (which includes alternate 1), in a form approved by the City Attorney. Appropriate $420,000 in CMERP funding ($350,000 for Street Paving and $70,000 for Public Works Service Center Paving) to Street Paving Account No. 001-530-4120-2010. Appropriate $35,000 in CMERP funding to a new Capital Account to be titled Public Works Service Center Improvements. Increase the revenue estimate by $197,949 in Street Maintenance Revenue Account No. 001-110-1234-0650 and appropriate in Street Paving Account No. 001-530-4120- 2010. Transfer $100,000 from Street Paving Account No. 001-530-4120-2010 to a new Capital Account to be titled Lincoln 2000 Project. Transfer $100,000 from Street Paving Account No. 001-530-4120-2010 to Greater Gainsboro Infrastructure Improvements Account No. 008-410-9625. Reject the other bids received. Respectfully submitted, William H. Carder~_~..-'/ W. Alvin Hudson Philip ~. Schirmer Honorable Mayor and Members of Council May 21, 2001 Page 3 I concur in the recommendation of the Bid Committee and recommend it to you for approval. Respectfully submitted, City Manager DLB: KHK Attachments: 3 C; James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Robert K. Bengtson, P.E., Director of Public Works #CM01-00090 ATTACHMENT 1 TABULATION OF BIDS 2001 PAVING PROGRAM BID NO. 01-04-40 Bids were opened by Denver D. Roupe, Director, Building Services, on Tuesday, May 1, 2001 at 2:00 p.m. CONTRACTOR BASE BID ALT. 1 BID TOTAL BID S. R. Draper Paving Company $ 2,045,365.06 $165,750 $ 2,211,115.06 L. H. Sawyer Paving Company Inc. $ 2,228,259.79 $111,690 $ 2,339,949.79 Adams Construction Company $1,880,352.91 $ 89,250 $1,969,602.91 Engineering Estimate: $ 2,074,158.80 Streets & Traffic Division Roanoke, Virginia May 21, 2001 : ATTACHMENT 2 2001 Paving Program List of Streets NORTHEAST QUADRANT Avendale Avenue IWilliamson ' Edison Street I Liberty Road I III Jefferson Street IWells Avenue I /I iMonterey Road IOId Mountain I iOrange Avenue WB 13th !Pocahontas Avenue 111th n Road I I Avenue I III Shenandoah Avenue ICentre Street I I NORTHWEST QUADRANT 12th Street I Syracuse Avenue I III 13th Street IRugby d Avenue I III Andrews Road 119thd Road I I IDelta Drive ISalem Tpk. Turnpike I III Florida Avenue ILafayette Road I III Glengary Avenue 130th Street I III Keatts Street I Glengray Avenue I III Lucerne Street ICentre Avenue I II Melrose Avenue EB 14524 Melrose Road I I Melrose Avenue WB IGun Club Avenue I I Melrose Avenue 137th BoulevardI I Milton Street ICentre Avenue I III Orange Avenue WB IL. Williamson 1300' N of Peters Creek Road SB INorth Lakes Drive I I Peters Creek Road SB IValley Point I I Salem Turnpike 130th Road I I Summit Drive ISilverwood Road I II Syracuse Avenue 112th Street I II Thomas Avenue IGrayson Street I II Thomas Avenue 112th Street I II Ward Street ~elrose Avenue Beacon Street I III Williamson Road SB ~-C~ rver Avenue Orange Avenue I I Williamson iRoad IAngell Lane N Hershberger Road I I SOUTHEAST QUADRANT 4th Street IMountain Avenue $. Dead End I III 10 1/2 Street ICampbell Avenue Church Avenue I III 10th Street ICampbell Avenue Tazewell Avenue I III 13th Street IWise Avenue Jamison Avenue I I 13th Street NB IJamison Avenue Riverdale IAIbemarle Avenue 14th Street To RR Tracks I II Road I ATTACHMENT 2 2001 Paving Program List of Streets ATTACHMENT 3 PAVING PROGRAM FINANCIAL BREAKDOWN PAVING PROGRAM FUNDING SOURCE Fiscal Year 2001-2002 Adopted Budget Fiscal Year 2000-2001 CMERP - Street Paving Fiscal Year 2000-2001 CMERP - PWSC Improvements $ 35,000 for Streets &Traffic to prepare lot forpaving $ 70, 000 to pave the lot Additional Street Maintenance Revenue Fiscal Year 2000-2001 Water Fund Account (No. 002-510-2178-9026) Paving Road at Carvins Cove Boat Landing To be paid from Water fund account Total Funds Available AMOUNT $ 1,752,872 $ 350,00O $ 105,000 $ 197,949 $ 25,000 $ 2,430,821 PAVING PROGRAM COSTS DESCRIPTION Contract Base Bid Alternate Bid for Manhole Adjustments Total Contract Amount Associated Traffic Signal Detector Repair Replacement of roadway embedded traffic signal detectors that will be destroyed by the paving work. Miscellaneous Project Expenses Advertising, inspection, testing, variation between estimated and actual unit quantities and any unforeseen expenses. PWSC Improvements (Streets & Traffic prepare lot for paving) Lincoln 2000 Project Greater Gainsboro Infrastructure Improvements AMOUNT $1,880,352.91 $ 89,250.00 $1,969,602.91 $ 70,173 $ 156,045.00 $ 35,000 $ 100,000 $ loo,ooo Total Program Costs $ 2,430,821 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk May 29, 2001 File #27-289-468 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Grisso: I am attaching copy of Ordinance No. 35320-052101 changing the rate structure and establishing a revised rate schedule for septic tank disposal fees and for certain water rates and related charges for services provided by the City, effective August 1, 2001; and directing amendment of the Fee Compendium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 7, 2001, also adopted by the Council on second reading on Monday, May 21,2001, and will be in full force and effect ten days following the date of the second reading of the title paragraph of this ordinance. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: The Honorable David C. Anderson, Treasurer Dana D. Long, Chief, Billings and Collections George C. Snead, Jr., Assistant City Manager for Operations Barry L. Key, Director, Management and Budget Robert K. Bengtson, Director, Public Works Michael McEvoy, Director, Utilities N:~cksml~Agenda.Ol~4ay 21, 2001 co~'espo~xle~ce.wpd IN THE COUNCIl, OF THE CITY OF ROANOKE, VIRGINIA The 21st day of May, 2001. No. 35320-052101. AN ORDINANCE changing the rate structure and establishing a revised rate schedule for septic tank disposal fees and for-certain water rates and related charges for services provided by the City effective August 1, 2001; and directing amendment of the Fee Compendium. BE IT ORDAINED by the Coumcil of the City of Roanoke as follows: 1. The septic tank disposal fees and water rates and other related rates and charges for services provided by the City of Roanoke shall be as set forth in Exhibit A attached hereto, and which exhibit is also part of the letter of the City Manager dated May 7, 2001, which letter is incorporated by reference herein, and such rates and charges to be effective for septic tank disposal fees and water and related services (including fire service) and statements rendered on or after August 1, 2001, as set forth in Exhibit A. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the foregoing amended fees, rates and charges established by this Ordinance. 3. The fees, rates and charges established by this Ordinance shall remain in effect until amended by this Council. ATTEST: City Clerk. EXHIBIT A - TO COUNCIL LETTER DATED MAY 7, 2001 WATER DELIVERY, WATER SERVICE AND WATER METER CHARGES ASSESSING DEPARTMENT: Billings and Collections COL2;ECTION DEPARTMENT: Treasurer DESCRIPTION: SERVICE CHARGE: Water charges for delivery are charged per hundred cubic foot 100 cubic foot equals 750 gallons). WaterRa~s Minimum Charge per Month Meter Size (inch) Effective August 1, 2001 5/8 $ 2.95 % 8.67 I 11.54 1 ½ 23.10 2 36.92 3 92.30 4 147.66 6 369.17 8 590.65 10 945.02 12 1,476.65 Water Rates Customer Service Type - Effective August 1, 2001 Rate (per 100 cubic foot) Domestic All Consumption to 10 hundred cubic feet/month Over 10 hundred cubic feet/month $1.21 $1.33 Commercial All consumption to 1,000 hundred cubic feet/month Over 1,000 hundred cubic feet/month $1.21 $1.33 Industrial Irrigation All consumption to 5,000 hundred cubic feet/month Over 5,000 hundred cubic feet/month All consumption $1.21 $1.33 $1.33 Page I of 2 Notes: -For retail water service sold outside the City limits, the minimum charge is 100% greater than City rates. -Cost of water rates and service outside the City limits is $2.42/100 cu. ft. -Quarterly minimum charges and rates are three times the monthly minimum charges and rates. Fire Service - Minimum Monthly Charges Meter Size (inch) Effective August 1, 2001 Effective August 1,2002 4 $ 95.23 $ 90.00 6 215.08 200.Q0 8 339.34 325.00 10 601.55 550.00 12 855.35 800.00 Septic Tank Disposal Fees Effective August 1, 2001 Septic Tank Disposal Fees for Septage generated within the City of Roanoke, City of Salem, Town of Vinton, County of Roanoke or County of Botetourt: $ 25.00 per 1,000 gallons discharged to City's water pollution control plant. Septic Tank Disposal Fees for Septage generated in jurisdictions other than in the City of Roanoke, City of Salem, Town of Vinton, County of Roanoke or County of Botetourt: $ 35.00 per 1,000 gallons discharged to City's water pollution control plant. Page 2 of 2 Office of the City Manager May 7, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Proposed Utility Rate Restructuring and Fee Changes For Water Rates and Septic Tank Disposal Background: A team of staff from the Department of Utilities and the Office of Billings and Collections has been reviewing all aspects of the City of Roanoke's water and sewer rates. This included examining billing data and current industry trends, benchmarking against other utilities in the Roanoke Valley as well as similar- sized municipal systems throughout Virginia, and analyzing revenue sources to determine if the billings made to various customer classes allocate costs appropriately. As a result, the committee has developed a utility rate restructuring plan that recommends the following: Develop a base charge that reflects the fixed costs (billing, metering, fire protection infrastructure, and administration) of operating the utility systems. Implement an increasing block (two-tier) rate structure to encourage conservation. Room 364 Municipal South 215 Church Avenue, S.W, Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 C ityWeb :www. cl. roanoke .va. us Honorable Mayor and Members of Council May 7, 2001 Page 2 4. 5. 6. 7. 8. 9. Eliminate the current allowance for the first 200 cubic feet of water consumption. Establish a temporary water service system that meters actual consumption to replace the existing fire hydrant permit system. Apply the second tier conservation rate to the irrigation (sewer exempt) meter class. Establish connection fees on the actual infrastructure costs of new connections and system capacities. Reduce the monthly charges assessed to fire service stand-by accounts. Keep sewer rates unchanged pending development of a capital facilities plan. Increase septic tank disposal rates to reflect market conditions. Make adjustments to miscellaneous service fees and charges. The above changes, detailed in Exhibit A will generate additional annual revenues estimated at $1,114,600 that will be used to improve the utility system's aging infrastructure. However, the total monthly water and sewer bill for residential customers will still remain one of the lowest in the region and state, increasing on average only $2.42 per month. Certain water rates will increase up to 10%, the monthly minimum 200 cubic foot allowance for water consumption will be eliminated, and septic tank disposal fees will increase to reflect market conditions. However, certain minimum charges for water services will decrease. Even with the proposed rate changes the City of Roanoke will have one of the lowest rate structures in the valley and the lowest of comparable sized utilities in the state of Virginia. The effective date for these changes is August 1, 2001. This rate restructuring plan will achieve the goals of promoting water conservation, updating to rates that are market competitive, reflecting current industry practice, establishing rates that fairly allocate costs, and allowing capital investment in our utility infrastructure to better serve Roanoke's citizens. Honorable Mayorand Members of Council May 7,2001 Page 3 Recommended Action: City Council approve the revised utility rate restructuring plan attached as Exhibit A to this letter. Darlene L. Bur h(f,~.~ City Manager DLB:afs Attachments C; Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry Key, Director of Management and Budget Michael McEvoy, Director of Utilities CM01-0065 EXHIBIT A - TO COUNCIL LETTER DATED MAY 7, 2001 WATER DELIVERY, WATER SERVICE AND WATER METER CHARGES ASSESSING DEPARTMENT: Billings and Collections COLLECTION DEPARTMENT: Treasurer DESCRIPTION: SERVICE CHARGE: Water charges for delivery are charged per hundred cubic foot 100 cubic foot equals 750 gallons). Water Rates Minimum Charge per Month Meter Size (inch) Effective August 1,2001 5/8 $ 2.95 % 8.67 1 11.54 I ~ 23.10 2 36.92 3 92.30 4 147.66 6 369.17 8 590.65 10 945.02 12 1,476.65 Water Rates Customer Service Type - Effective August 1, 2001 Rate (per 100 cubic foot) Domestic Commercial Industrial Irrigation All Consumption to 10 hundred cubic feet/month Over 10 hundred cubic feet/month All consumption to 1,000 hundred cubic feet/month Over 1,000 hundred cubic feet/month All consumption to 5,000 hundred cubic feet/month Over 5,000 hundred cubic feet/month All consumption $1.21 $1.33 $1.21 $1.33 $1.21 $1.33 $1.33 Page 1 of 2 Notes: -For retail water service sold outside the City limits, the minimum charge is 100% greater than City rates. -Cost of water rates and service outside the City limits is $2.42/100 cu. ft. -Quarterly minimum charges and rates are three times the monthly minimum charges and rates. Fire Service - Minimum Monthly Charges Meter Size (inch) Effective August 1, 2001 Effective August 1, 2002 4 $ 95.23 $ 90.00 6 215.08 200.00 8 339.34 325.00 10 601.55 550.00 12 856.35 800.00 Septic Tank Disposal Fees Effective August 1, 2001 Septic Tank Disposal Fees for Septage generated within the City of Roanoke, City of Salem, Town of Vinton, County of Roanoke or County of Botetourt: $ 25.00 per 1,000 gallons discharged to City's water pollution control plant. Septic Tank Disposal Fees for Septage generated in jurisdictions other than in the City of Roanoke, City of Salem, Town of Vinton, County of Roanoke or County of Botetourt: $ 35.00 per 1,000 gallons discharged to City's water pollution control plant. Page 2 of 2 WILLIAM M. HACKWORTH CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY. ATI'ORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVF:~N.UE, SW ROANOKE, VIRGINIA~-'~4011-1592 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ci.roanoke.va.us May 16, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS VIA FACSIMILE 510-4284 The Honorable William D. Bestpitch Member, Roanoke City Council 381 Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Bill: This is to follow up on your question as to whether or not you may have a conflict of interests with regard to Resolution No. 35319-050701, adopted by City Council on May 7, 2001. This resolution authorizes the City Manager to submit an approved Annual Update to the Consolidated Plan for FY 2001-2002, to the United States Department of Housing and Urban Development for final review and approval, and authorizes execution of the appropriate documents for the acceptance of such funding. This funding included funding going to the local YMCA in the amount of $23,000 for a "21st Century Community Learning Center", $21,727 for a Magic Place at Hurt Park, and $19,000 for a Youth Club. You indicate that your wife is employed by the YMCA. I asked Steve Talevi of this office to research the relevant federal regulations and to confer with the City's Grants Compliance Office and they have concluded that under these regulations, you should not vote on any matter involving federal funding for an organization which is to receive an award and which employs either your or your spouse. See 24 C.F.R. Subtitle A, § 85.36, which generally prohibits an officer of the City from participating in the selection, or in the award or administration of any contract supported by federal funds if either the officer or the officer's spouse is employed by an agency selected for an award. Since you have already voted in favor of the subject resolution, I would suggest that an appropriate way to rectify this would be for you, at the next meeting of City Council, to ask for the unanimous consent of the other members of City Council for you to change your H:\COUNCILXL-B ESTCOI. 1 The Honorable William D. Bestpitch May 16, 2001 Page 2 vote from an affirmative vote in favor of this resolution to an abstention. Roberts Rules of Order, Newly Revised, 9th Edition, provides that after voting a vote may only be changed with the unanimous consent of the members of the body. In my time as City Attorney, this procedure has been followed in at least one instance so that, with the unanimous consent of the other members of Council, one Council member was allowed to change a vote made at a previous meeting. With kindest personal regards, I am WMH:f ~/ cc: ,.~ary F. Parker, City Clerk Vicki Tregubov, Grants Monitor Steven J. Talevi, Assistant City Attorney Sincerely yours, William M. Hackworth City Attorney H:\COUNCILkL-BESTCOI. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 29, 2001 File #80-247 Darlene L. Burcham City Manager Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Dear Ms. Burcham and Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 21, 2001, Council Member White requested that the matter of acknowledging the contributions of Deborah Moses, Executive Director, Hotel Roanoke Conference Center, and others in connection with resolving construction problems at The Hotel Roanoke Conference Center be referred to the City Manager, City Attorney and City Clerk for preparation of the proper measure for adoption by Council at its regular meeting on Monday, June 4, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:~t~m l~Agencla.01~l~,ay 21, ~001 corres~'Jondence.wfxl CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 29, 2001 File #20-137 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, May 21, 2001, on motion, duly seconded and adopted, Council reaffirmed its opposition to the proposed routing of 1-73 through the southeast quadrant of the City, and instructed the City Manager to communicate the position of Council to the appropriate Virginia Department of Transportation officials and to the City's representatives to the General Assembly. Mary F. Parker, CMC City Clerk MFP:sm N:~Y~.~'nlLAgencla. Ol~ay 21, 2001 corresponclefx:e.w/xl '01 Office of the City Manager Mr. Fred C. Altizer District Administrator Virginia Department of Transportation P. O. Box 3071 Salem, VA 24153 Dear Mr. Altizer: On behalf of Roanoke City Council, I wish to share with you their concerns with regard to the recent 1-73 decision. At it's meeting on May 21, 2001, Council reaffirmed (by a 6-1 vote) its opposition to the proposed routing of 1-73 through the southeast quadrant of the City. Council was extremely disappointed to learn of the decision to route this roadway through the southeast area of the City, thereby impacting numerous homes and neighborhoods. This was the route that Council had specifically opposed and for which a resolution was provided to the Virginia Department of Transportation (VDOT) advising of this opposition. It was also disheartening to Council to have abided by VDOT's wishes of allowing the entire project study process to be completed before taking an official position on the project, only to see Council's wishes rejected. Interstate highways have historically been viewed as barriers within the urban communities in which they are located. Given that this route has now been established, we can also anticipate some level of disinvestments in the affected neighborhoods. However, the City of Roanoke has a recent history of mitigating some of the impacts of major roadway projects within our community by enhancing the appearance of the roadway through various aesthetic treatments. VDOT has previously worked well with us on such efforts. As our public involvement in projects continues to grow, it is our sincere hope that City Council, along with our citizens and City Staff, can be a partner with VDOT in the development of detailed plans for this project and the adjoining areas. It will be imperative that we make every effort to weave this roadway into the community in a multitude of ways, not only aesthetically, but also functionally; thereby creating new assets that can accompany this roadway and soften the impact on our residents. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va.u$ Fred C, Altizer/I-73 June 7, 2001 Page 2 The timing of this process will also be important so that disinvestment in these neighborhoods does not take root. City Council must strive to uphold its vision by protecting our residents' quality of life, and therefore seeks VDOT's partnership and commitment in this effort. Resp~ectfully, i.,.:. , ~ ' .,:: ', ~ ' ;.,~,/: ~ _ Darlene L. Burcham City Manager DLB/RKB/gpe C~ Honorable Ralph K. Smith, Mayor And Members of City Council Senator John S. Edwards Delegate A. Victor Thomas Delegate Clifton A. Woodrum, III Office of the Ci~ Manager Ms. Lorinda G. Lionberger Commonwealth Transportation Board P. O. Box 20209 Roanoke, VA 24018 Dear Ms. Lionberger: On behalf of Roanoke City Council, I wish to share with you their concerns with regard to the recent 1-73 decision. At it's meeting on May 21, 2001, Council reaffirmed (by a 6-1 vote) its opposition to the proposed routing of 1-73 through the southeast quadrant of the City. Council was extremely disappointed to learn of the decision to route this roadway through the southeast area of the City, thereby impacting numerous homes and neighborhoods. This was the route that Council had specifically opposed and for which a resolution was provided to the Virginia Department of Transportation (VDOT) advising of this opposition. It was also disheartening to Council to have abided by VDOT's wishes of allowing the entire project study process to be completed before taking an official position on the project, only to see Council's wishes rejected. Interstate highways have historically been viewed as barriers within the urban communities in which they are located. Given that this route has now been established, we can also anticipate some level of disinvestments in the affected neighborhoods. However, the City of Roanoke has a recent history of mitigating some of the impacts of major roadway projects within our community by enhancing the appearance of the roadway through various aesthetic treatments. VDOT has previously worked well with us on such efforts. As our public involvement in projects continues to grow, it is our sincere hope that City Council, along with our citizens and City Staff, can be a partner with VDOT in the development of detailed plans for this project and the adjoining areas. It will be imperative that we make every effort to weave this roadway into the community in a multitude of ways, not only aesthetically, but also functionally; thereby creating new assets that can accompany this roadway and soften the impact on our residents. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www.¢i.roanoke.va.us Lorinda G. Lionberger/I-73 June 4, 2001 Page 2 The timing of this process will also be important so that disinvestment in these neighborhoods does not take root. City Council must strive to uphold its vision by protecting our residents' quality of life, and therefore seeks VDOT's partnership and commitment in this effort. Respectfully, Darlene L. Burcham City Manager DLB/RKB/gpe C~ Honorable Ralph K. Smith, Mayor and Members of City Council Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Regional Refuse Collection This is to request space on Council's regular agenda for a briefing on the above referenced subject. DLB:ca c: City Attorney Director of Finance City Clerk Respectfully submitted, City Manager Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb'.www. ci. roanoke.va, us Regional Refuse Status Update ::::::::::::::::::::::::::::::::::::::::::::::::: VIRGINIA,CHARTERED 1882 Purpose Purpose of Briefin_~/Update [] Provide City Council with information on regional refuse collection. -Background and Current Situation - Services Provided - Key Assumptions - Cost Information [] Council action is not required at this time. Background During FY 1995-96, a comprehensive study of refuse collection was done by City Staff. The focus of the study was on enhancing the efficiency and cost effectiveness of residential refuse collection. Recommendation was made to transition from manual collection to automated and semi-automated collection. A study team from Roanoke and Roanoke County considered regional refuse collection. Background Decision was made to defer further study of regional refuse collection. [] Allow Roanoke to move forward with automated and semi-automated collection. [] As Roanoke and Roanoke County would be using the same collection method. The transition to automated and semi-automated collection was implemented in two phases beginning in FY 1997-98. [] No change in collection points. [] Savings totaled $569,000 Current Situation The regional study team resumed the evaluation of regional refuse collection during FY 1999-00. Team consists of representatives from: [] City of Roanoke [] Roanoke County [] Town of Vinton [] Roanoke Valley Resource Authority Consulting firm of R.W. Beck was engaged to: [] Evaluate current solid waste collection practices. [] Identify strategies to improve existing services. e Assist with the development of a regional service delivery model. Current Situation A regional cost model has been developed [] Manpower/Staffing Requirements [] Equipment Requirements [] Facility Requirements Residents Served Current Services Regional Services Study Team - Key Assumptions Roanoke Valley Resource Authority (RVRA) will be the service I~rovider. · Including maintaining vehicles. No change in service frequency. Maximize the number of curbside collection points. Manpower/staffing requirements will include a sufficient backup compliment. Vehicle requirements will include a sufficient backup compliment. Each jurisdiction will transfer collection vehicles to RYRAo Vehicles will be replaced based on useful life. Preliminary Cost Information City of Roanoke Incremental Cost ~: ~OIl~CtiOh $220'338 Collection Cost Factors Continued fixed overhead expenses associated with Commercial, Central Business District, and Recycling collection services. Additional compliment of backup staff. [] Approximately 10 positions. Savings from route optimization and maximization of curbside collection points reallocated to Bulk/Brush collection which is more labor intensive. Capital Cost Factors Debt service for the construction of a vehicle maintenance facility. Replacement of vehicles based on useful life. [] Vehicles are currently replaced when the cost of maintenance exceeds the value of the vehicle. Conclusion While other areas of regional cooperation exist in the Roanoke Valley, it is believed that the cost considerations associated with regional refuse collection do not meet City Council's vision for effective government. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk May 29, 2001 File #51 Mr. John G. Moore, Jr. 1901 Memorial Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Moore: I am enclosing copy of Ordinance No. 35365-052101 rezoning a tract of land lying at 1901 Memorial Avenue, S. W., being a portion of Lot 15, Block 5, Section 1, Virginia Heights, identified as Official Tax No. 1330303, from C-1, Office District, to CN, Neighborhood Commercial District. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21, 2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: Mr. James Robert Shively, 1915 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Samuel R. Ferguson, 1911 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Edwin L. Coleman, 1907 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. Todd R. Marcum and Mr. Anthony L. Pearlman, 1901 Denniston Avenue, S. W., Roanoke, Virginia 24015 Mr. Thomas A. Kiser, 1911 Denniston Avenue, S. W., Roanoke, Virginia 24015 Whiting Oil Company, P. O. Box 13026, Roanoke, Virginia 240'30 Mr. John G. Moore, Jr. May 29, 2001 Page 2 pcz Ms. Collette F. Davidson, 140 Lockport Court, Moneta, Virginia 24121 Mr. Edward B. Walker, 915 Welton Avenue, S. W., Roanoke, Virginia 24015 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35365-052101. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 133, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, John G. Moore, Jr., has made application to the Council of the City of'Roanoke to have the hereinafter described property rezoned from C- 1, Office District, to CN, Neighborhood Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concemed 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 heating was held by City Council on said application at its meeting on May 21, 2001, 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 application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, 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: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 133 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: : A tract of land located at 1901 Memorial Avenue, S.W., and designated on Sheet No. 133 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1330303, be, and is hereby rezoned from C-l, Office District, to CN, Neighborhood Commercial District, as set forth in the Petition filed in the Office of the City Clerk on March 1, 2001, and that Sheet No. 133 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORD-REZ\O-Rez-Moore (P~-I 5-21-01) Roanoke City Department of Plant and Code Enforcel Room 166, Muni( :;uiiu 215 Church ~e, S. · Roanoke, \ ~nia 24r ~ , (540) 853-2344 (! ~ 853-12 Email: planning@ci.r( ~oke.va.u~ May 21,2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from John G. Moore, Jr., that a tract of land lying at 1901 Memorial Avenue, S.W., identified as Official Tax No. 1330303, be rezoned from C-1, Office District, to CN, Neighborhood Commercial District. Background: The property is at the corner of Memorial Avenue and Denniston Avenue. It has a residential structure that was converted to a business/residential use. There is an art gallery and framing business on the first floor and the second floor is used as a residence. The owner was granted a special exception by the Board of Zoning Appeals to operate a personal service establishment. The special exception was limited to three years and will soon expire. Rezoning the property to CN will allow operation of the business as a permitted use. Properties to the west and south of the property are zoned CN. Properties on the north are zoned RM-1. To the east, the zoning is C-1. The property is located in Grandin Village, which is zoned CN. Surrounding land uses are neighborhood-oriented commercial and residential. Office and retail are to the east and west. Virginia Heights Elementary School is to the west. A dense retail/service mix is on the south across Memorial Avenue. To the north across Denniston Avenue are single-family, two-family, and multifamily dwellings. Members of the Greater Raleigh Court Civic League were notified of the rezoning Roanoke Cily Planning Commission Architectural Review Board Board of Zoning Appeals request. Matthew Pritts, the civic league's president, contacted staff and advised that there was no objection to the rezoning as proposed. No conditions were proffered as part of the rezoning. In the event that the use changes or the property is redeveloped, the CN district regulations require uses and scale appropriate for the neighborhood. The Planning Commission held a public hearing on April 19, 2001. The petitioner presented the request to the Commission. Chris Chittum presented the staff report and recommended approval of the request. No one spoke for or against the request. Considerations: The property is appropriate for a neighborhood-scale business. CN is the most appropriate zoning for the property as it is part of the Grandin Village commercial area. It should support a small neighborhood-oriented business. The rezoning would fill a gap in the adjacent CN district. The request is consistent with the Comprehensive Plan and the Greater Raleigh Court Neighborhood Plan. The Comprehensive Plan recommends revitalization or creation of neighborhood centers, with activity focused in concentrated centers at major intersections. The plan also recommended the creation of the CN district as the appropriate zohing for neighborhood commercial areas. The neighborhood plan strongly supports the continued viability of Grandin Village. It also recommends that commercial-residential conflicts be minimized. The proposed rezoning is consistent with goals to encourage small-scale neighborhood commercial development. Recommendation: Planning Commission, by vote of 6-0 (Messrs. Butler, Campbell, Chrisman, Dowe, Manetta and Rife voting in favor and Mr. Hill absent) recommended that the rezoning petition be approved by City Council. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission CC:mpf Attachments cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Petition to Rezone In the coUncil of the city of Roanoke, Virginia In Re: Rezoning of a tract of land lying 1901 Memorial Ave. SW, tax # 1330303, from C-1, office district to CN, Neighborhood Commercial. To the Honorable mayor and members of council of the city of Roanoke: The Petitioner, John G. Moore, Jr., owns land in the city of RoanOke containing 0.149 acres, more or less, greater porlJon of lot 15, block 5 section 1-Virginia Heights, located at 1901 Memorial Ave, S.W. with tax # 1330303. Said tract is currently zoned C-1, Office district. A map of the prope~ to be rezoned attached as exhibit A. Pursuant to Section 36.1-690, code of the city of Roanoke (1979), as amended, the petitioner requests that the said property be rezoned from C-1, Office District to the CN, Neighborhood commercial, for the purpose of permit~ng continued existing use of the property. The pel~oner believes the rezoning of the said tact of land will further the intent and purposes of the city's zoning ordinance and it's comprehensive plan, in that it will promote neighborhood-oriented land use in an already neighborhood commercial area. AttaChed as exhibit B are the names, addresses and tax numbers of the owner/owners of all lots or property immediately adjacent to or immediately across the street from the property to be rezoned. WHEREFORE, the Pe~oner requests that the above-described tract be rezoned as requested in'accordance wi~ the provisions of the Zoning Ordinance of the City of Roanoke Respectfully submitted this 28· day of February 2001. Respectfully submitted, John G Moore, Jr. -'" 1901 Memorial Ave. S.W. Roanoke, VA 24015 540-343-2489 - List of the adjoining property owners: Ofl~cial tax No. Name 1330131 1330132 1330133 James Robert Shively Samuel R. Ferguson Edwin L. Coleman 1330134 Todd R. Marcum 1330302 Thomas A. Kiser 1330602 V~hi~ng Oil Co. 1330603 1330605 Collette F. Davidson Edward B. Walker Mailing Address 1915 Denniston Ave. SW Roanoke, VA 24015 1911 Denniston Ave. SW Roanoke, VA 24015 1907 Denniston Ave. SW Roanoke, VA 24015 1901 Denniston Ave. SW Roanoke, VA 24015 1911 Memorial Ave. SW Roanoke, VA 24015 P.O. Box 13026 Roanoke, VA 24030 140 Lockport Ct. Moneta, VA 915 Welton Ave. SW Roanoke, VA 24015 Proposed Rezoning From C-1, Office District to CN, Neighborhoo rcial District 1813 1330303 1901 1802 t42 1308 1906 1312 0 1322 -2 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01663568 Memorial Avenue State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the followin~ dates: City/County of Roanoke, Commonwealth/State of Virginia. ~~ Sworn and subscribed beforeme/3~his .... ....... day seal._~__~~. -~~_~/ , Notary Public My commission expires ~~/ PUBLISHED ON: 05/04 05/11 TOTAL COST: 171.14 FILED ON: 05/15/01 dl~, M~ 21, ~GOJ..~:7:~O be~,rln~ Offl.lml T.,x N~, 1330~09. Autho - J-- ' Signa~~_-__~~~.~_/_~/, Billin~~ Services Representative 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 Heating on Monday, May 21, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from C-1, Office District, to CN, Neighborhood Commei'cial District, the following property: A tract of land located at 1901 Memorial Avenue, S.W., and beating Official Tax No. 1330303. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, May 17, 2001. GIVEN under my hand this __ day of ,2001. Mary F. Parker, City Clerk. H:~qOTICE~I-Moo~ (PH 5-21-01) Note to Publisher: Please publish twice in The Roanoke Times; once on Friday, May 4, 2001 and once on Friday, May 11, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 H:\Public Hear/ngs~NoticesWIoore-Memorial Ave.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us May 29, 2001 File #51 STEPHANIE M. MOON Deputy City Clerk Ross C. Hart, Attorney Hart & Hart Attorneys, Ltd. P. O. Box 2 Roanoke, Virginia 24002 Dear Mr. Hart: I am enclosing copy of Ordinance No. 35366-052101 rezoning property located at the northwest corner of the intersection of Old Salem Road and Overland Avenue, S. W., located at 3233 Old Salem Road, identified as Official Tax No. 5210402, from LM. Light Manufacturing District, to RS-2, Single-Family Residential District. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: Mr. Roy N. Oliver, 215 Lakewood Drive, Moneta, Virginia 24121 Ms. Bertha C. Nails, 516 Camilla Avenue, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Charlie R. Moran, 2704 Weaver Road, S. W., Roanoke, Virginia 24015 Mr. Eugene G. Hallenbeck, 3211 Old Salem Road, S. W., Roanoke, Virginia 24018 Ms. Renie E. Hunt, 1846 Overland Avenue, S. W., Roanoke, Virginia 24018 Ms. Ruth M. Chappell, 1842 Overland Avenue, S. W., Roanoke, Virginia 24018 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Ross C. Hart, Attorney May 29, 2001 Page 2 pc~ Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35366-052101. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 521, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City; and dispensing with the second reading of this ordinance. WHEREAS, Oakley L. Covey has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to RS-2,- Residential Single Family District; 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 heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held by City Council on said application at its meeting on May 21, 2001, 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 application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, 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: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 521 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That property located at 3233 Old Salem Road, S.W., and designated on Sheet No. 521 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5210402, be, and is hereby rezoned from LM, Light Manufacturing District, to RS-2, Residential Single Family District, as set forth in the Petition filed in the Office of the City Clerk on February 27, 2001, and that Sheet No. 521 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORD- R.E.Z~O-Rez-Covey (PH 5-21-01) Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Buildinr' 215 Church Avenue, S Roanoke, Virginia 2~' (540) 853-2344 (Fax) 853-1 Email: planning@ci.raanoke.va.. May 21,2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor W. Alvin Hudson, Council Member William D. Bestpitch, Council Member William White, Sr., Council Member C. Nelson Harris, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Oakley L. Covey, represented by Ross C. Hart, Attorney, that property located at 3233 Old Salem Road, S.W., bearing Official Tax Number 5210402, be rezoned from LM, Light Manufacturing District, to RS-2, Residential Single Family, Medium Density District. Background: Said property is currently zoned LM, Light Manufacturing. Its current use is single- family residential, with a two-story home built in 1936. It is surrounded by commercial uses to the south and east, and residential uses to the north and west.. Pat Quillen represented the Petitioner on behalf of attorney Ross Hart, who could not attend. No opposition was raised to the Petitioner's request. Staff recommended approval of the petition. Considerations: The current use of the property does not conform to its zoning. The area to the north, east and west of the property consists of single family residential properties with one exception; Mud Lick Kennel, which is adjacent to and east of said parcel. To the south of the property are commercial uses with one residential exception. The commercial uses all front on Brandon Avenue, and primarily use Old Salem Road for shipping access. Old Salem Road is thus frequented by residents and commercial establishments. Moreover, as the adjacent commercial properties lie on Brandon Avenue, Old Salem Road separates them from the neighborhood. Since the Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Petitioner's request is to maintain the property's present use, traffic in the area would not be affected. Staff received comments from a Mr. Charlie Moran, an adjacent property owner at 2704 Weaver Road, who expressed support for the petitioner's request. The Comprehensive Plan recommends that new and/or expanded commercial developments be "good neighbors" when adjacent to residential areas, and that land use conflicts be avoided in general. As the said parcel is currently residential, and is surrounded by residential uses on its side of Old Salem Road, future land use conflicts may be avoided by maintaining its current use. Recommendation: The Planning Commission, by a vote of 6-0 (Messrs. Butler, Campbell, Chrisman, Dowe, Manetta and Rife voting in favor; Mr. Hill absent) recommends that City Council rezone Official Tax Number 5210402 from LM, Light Manufacturing, to RS-2, Single Family Residential. Its current use is not in conflict with the adjacent uses, and will in the future maintain the residential character of the neighborhood surrounding it to the north. Rezoning of the said parcel will also minimize potential land use conflicts that may arise in the neighborhood in the event of future commercial development. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission Attachments cc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Ross C. Hart, Attorney for the Petitioner The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times HART, ROSS C., ESQ. 308 SECOND STREET, W ROANOKE VA 24011 REFERENCE: 80060238 01663499 Old Salem Rd. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the followin~ dates: City/County of Roanoke, Commonwealth/State Virginia. ~_~ Sworn and subscribed before me this of May ~001.A Wit~%ess~Dy ~ ~ official s e a 1. _~J~~_~_~L_~ .... N o t a r y My commission expires ...... _~~,~__~ of day Public PUBLISHED ON: 05/04 05/11 TOTAL COST: 183.08 FILED ON: 05/15/01 N011C~ OF PUBLIC.. HEARING TO W IT MAy CONCERN: (1979}, ,~ ~ hold e F'ubiM Hemal on p.m., In the Coun~l ~M the NoM C. T.~4M Munl~ Bu#dlnl, 215 Chumh Mnue, S.W., on the que.lio, of r~mn- Old S.lem RMd, $.W., ~d, beerlnlg Offl©l.I TAX NO. 5210402. If you ml'e m pe~Bon Mth m dl~- 17, M~y F. Pmt~r, (1663499) , Billin~ Services Representative 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, May 21, 2001, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from LM, Light Manufacturing District, to RS-2, Residential Single Family District, the following property: That property located at 3233 Old Salem Road, S.W., and bearing Official Tax No. 5210402. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, May 17, 2001. GIVEN under my hand this 30thday of April ,2001. Mary F. Parker, City Clerk. H:~NOT1CE\N-Covey (PH 5-21-01) Note to Publisher: Please publish twice in The Roanoke Times; once on Friday, May 4, 2001 and once on Friday, May 11, 2001. Send Publisher's Affidavit and Bill to: Ross C. Hart Hart & Hart, Attorneys, Ltd. P. O. Box 2 Roanoke, Virginia 24002 HSPublic Heatings\Notices\Covey-Old Salem Rd. wpd MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk February 27, 2001 File #51 D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S.W. Roanoke, Virginia 24014 Dear Mr. Chrisman: 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 received in the City Clerk's Office on February 27, 2001, from Ross C. Hart, Attorney, representing ©akley L. Covey, requesting that a tract of land located at the northwest corner of the intersection of Old Salem Road and Overland Avenue, S. W., known as 3233 Old Salem Avenue, identified as Official Tax No. 5210402, be rezoned from LM, Light Manufacturing District, to RS-2, Single-Family Residential District. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures N:\CKSHI\Rezomng 2001'~Oakley L. Covey.w~od D. Kent Chrisman February 27, 2001 Page 2 pc; The Honorable Mayor and Members of the Roanoke City Council Ross C. Hart, Attorney, 308 2"d Street, S. W., Roanoke, Virginia 24011 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator ,-'l~artha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner N:\CKSHl~Rezoning 2001\Oakley b Covey.wpd IN THE COUNCIL OF,THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land located at the northwegt comer of the intersection of Old Salem Road, S.W. and Overland Avenue, S.W. having the address of 3233 Old Salem Road, S.W., Roanoke, Virginia 24018, bearing Official Tax Number 5210402, from LM, Light Manufacturing District, to RS/2, Single Family Residential District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Oakley L. Covey, owns land in the City of Roanoke containing approximately one-half acre, more or less, located at 3233 Old Salem Road, S.W. in the City of Roanoke, and identified on the tax assessment map as tax number 5210402. Said tract is currently zoned LM Light Manufacturing District. A map of the property to be rezoned is attached as Exhibit A-1. A site plan showing the existing and proposed continued use of the property is attached as Exhibit A-2 Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from LM Light Manufacturing District to RS/2 Residential Single Family District, for the purpose of conforming the zoning of the · property to the zoning of the abutting properties and to the existing and planned future use of said property. 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. Attached as Exhibit B axe 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, Virginia. ,/ Respectfully submitted this "~,,.W day of February 2001. FLMI. T & HART A'F!'OR.N'E YS LTD -%8 SECOND STREET S.W. RO.~NOKE, V.4. 2401 [ (5,10) 3aa-3278 I 2o, 01 Ross C. Hart [VSB 15888] HART & HART ATTORNEYS, LTD. PO Box 2, Roanoke VA 24002 308 Second Street Southwest Roanoke Virginia 24011 (540) 344-3278 O~]dey.L. Co~, Owner -- ~ ~ 3233 Old Sa{~m Road, S.W. Roanoke, VA 24018 BY~ Counsel '" H~a. RT & FtAR. T ATTORNEYS LTD 308 SECOND STREET S.W. ROANOKE, V.4_ 24011 (540} 344-378 2 )? ~ WCL,o 521010g t LOgA& G44&L . ~ ~ ~10110 IA 52j02.02 ~ gA ~,... 5210 .~ ~ I ' : LO I \ , \ \ · \ · o3A I / ! / / ! ZONING MAP CiTY OF ROANOI~£ . VA. 521 OFF/CE OF TH[ CITY E/V$1NE£R SHEET NO SECTIONAL lite ZONE MAP CITY OF ROANOKE A8 AIdENO~O TO 4-27-87 LISTING OF ADJOINING PROPERTY OWNERS Official Tax Number 5210205,5210204,5210203, 5210202 5210401 5210403 5210501 5210503 5210504 Name Roy N. Oliver Bertha C. Nails Charlie R. Moran Evelyn L. Moran Eugene G. Hallenbeck Renie E. Hunt Ruth M. Chappell Mailing Address 215 Lakewood Drive Moneta, VA 24121 516 Camilla Avenue, S.E. Roanoke, VA 24014 2704 Weaver Road, S.W. Roanoke, VA 24015 3211 Old Salem Road, S.W. Roanoke, VA 24018 1846 Overland Ave., S.W. Roanoke, VA 24018 1842 Overland Ave., S.W. Roanoke, VA 24018 HART & HART A~FORNEYS ~TD 308 SECOND STREET S.W. ROANOKE, VA. 24011 (540) ~1-3278 3 Covey Pea~ion. Doe 02/14/01 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us May 1,2001 File #51 STEPHANIE M. MOON Deputy City Clerk Ross C. Hart, Attorney Hart & Hart Attorneys, Ltd. P. O. Box 2 Roanoke, Virginia 24002 Dear Mr. Hart: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., on the request Of Oakley L. Covey that property located at the northwest corner of the intersection of Old Salem Road and Overland Avenue, S. W., known as 3233 Old Salem Road, identified as Official Tax No. 5210402, be rezoned from LM, Light Manufacturing District, to RS-2, Single-Family Residential District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 540-853-2344. It will be necessary for you, or your representative, to be present at the May 21 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, i~~.,~ Mary F. Parker, CMC City Clerk MFP:ssh Enclosure H:\Public Headngs\Correspondence\PH-May 21, 2001.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk May 29, 2001 File #51 Michael G. Ballantyne, Officer CHS, Inc. 213 South Jefferson Street, Suite 720 Roanoke, Virginia 2011 Dear Mr. Ballantyne: I am enclosing copy of Ordinance No. 35367-052101 rezoning a tract of land located the north side of Franklin Road, S. W., at its intersection with Roberts Road, containing 7.2716 acres, more or less, identified as Official Tax No. 1280602. from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: Mr. and Mrs. Charles B. Helms, 2952 Roberts Road, S. W., Roanoke, Virginia 24014 Ms. Jean W. Brookman, 2938 Roberts Road, S. W., Roanoke, Virignia 24014 Mr. Harry A. Hatter, 2934 Roberts Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Joseph H. Thurman, 30 N. Main Street, Rocky Mount, Virginia 24151 Ms. Hester King Beckner, 2918 Roberts Road, S. W., Roanoke, Virginia 24014 Horace Fralin, LLC, et al., P. O. Box 20069, Roanoke, Virginia 24018 TBC Associates, LLP, 2580 Broadway Street, S. W., Roanoke, Virginia 24014 Michael G. Ballantyne, Officer May 29, 2001 Page 2 pc: Mr. and Mrs. George C. Drates, cio Long John Silvers #3669, P. O. Box 14026, Lexington, Kentucky 40512 McDonald's Corporation, cio John Ford, P. O. Box 12647, Roanoke, Virginia 24027 Twenty-Seven Forty-Three Franklin Road Properties, Inc., 2743 Franklin Road, S. W., Roanoke, Virginia 24014 Terrier, LLC, 2743 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Robert L. Mason, 2743 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Mark Finkler, 2814 Franklin Road, S. W., Roanoke, Virginia 24014 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 _ Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35367-052101. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions prol'f~red by the applicant; and dispensing with the second reading of this ordinance. WHEREAS, CHS, Inc., and Moore's Lumber and Building Supplies, Inc., have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concemed as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held by City Council on said application at its meeting on May 21, 2001, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which heating 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 application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public heating, 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: 1. Section 36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 128 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land containing 7.2716 acres, located on the north side of Franklin Road, S.W., at its intersection with Roberts Road, S.W., and designated on Sheet No. 128 of the Sectional 1976 Zone Map, City of Roanoke, as Of~i'fil Tax No. 1280602, be, and is hereby rezoned from C-2, General i2ommercial District, to LM, Light Manufacturing District, subject to the proffers contained in the Fourth Amended Petition filed in the Office of the City Clerk on May 18, 2001, 'and that Sheet No. 128 of the Zone Map be changed in this respect. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\ORD-PoF-.~O-Rez- CHS, Inc. (PH ~;-21-01) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk May 18, 2001 File #51 D. Kent Chrisman, Chairperson City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a fourth amended petition to rezone received in the City Clerk's Office on May 18, 2001, from Michael G. Ballantyne, Officer, CHS, Inc., and Calvert L. Saunders, Vice President, Administration, Moore's Lumber and Building Supplies, Inc., requesting that a tract of land located on the north side of Franklin Road, S. W., at its intersection with Roberts Road, containing 7.2716 acres, more or less, identified as Official Tax No. 1280602, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:ssh Enclosures H:\Rezoning 2001\CHSand Moores-Rezoning.wpd D. Kent Chrisman May 18, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Donald L. Lorton, Treasurer, CHS, Inc., 213 South Jefferson Street, Suite 801, Roanoke, Virginia 24011 Calvert L. Saunders, Vice-President, Administration, Moore's Lumber and Building Supplies, 3517 Brandon Avenue, S. W., Roanoke, Virginia 24018 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney - Edward R. Tucker, City Planner H:\Rezoning 2001\CHSand Moores*Rezoning.wpd FOURTH AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke located on the north side of Franklin Road, S.W, at its intersection with Roberts Road, bearing City of Roanoke Official Tax No. 1280602 ("Property") containing 7.2716 acres, more or less, from C-2, General Commercial District to LM, Light Manufacturing District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, CHS, Inc., is the contract purchaser, of the above real estate commonly known as the Moore's Property. The owner is Moore's Lumber and Building Supplies, Inc., Official Tax Map Number 1280602. Said Parcel is currently zoned C-2, General Commercial District. A map of the Property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the Property be rezoned from C- 2, General Commercial District, to LM, Light Manufacturing District, the zoning under which the Property was classified until June of last year. This rezoning will be subject to certain conditions proffered by the Petitioner. The Petitioner believes that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan and that it will promote the development of this existing industrial site, thereby ensuring a strong and diversified economic base while maintaining the neighborhood character of the nearby existing residential area. Upon the completion of the rezoning, it is the intention of CHS, Inc. to create a hospital support center, which will include such institutional support as food production, laundry and warehouse activity. 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. In requesting this rezoning, the Petitioner voluntarily proffers and agrees to the following conditions: The use of the Property shall be limited to the following specific uses Ag Bo Co D= Fo General service establishments primarily engaged in the repair or maintenance of goods or items not including automobile, trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for this use is not less than five thousand (5,000) square feet. Such general service establishments shall only launder, clothing, sheets, towels, surgical and institutional linens, and other textile products related to the healthcare industry. Establishments engaged in the wholesale distribution of goods. Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing, or other processes related to the creation of new products and including as an accessory use, but not to include, the retail sale of goods manufactured on the premises, are wholly enclosed in a building. Such manufacturing establishments shall only prepare food for consumption off premises at jails, schools, healthcare facilities or group care facilities. General storage and warehousing establishments engaged in the storage of miscellaneous merchandise which is not for sale on the premises and which shall be distributed to healthcare facilities only. Property. No outdoor storage will be permitted on the Tractor-trailer trucks will not be permitted to enter the Property from Roberts Road, but will be required to enter directly from Franklin Road. All trucks, excluding pickup trucks, will not be permitted to park between Franklin Road, Roberts Road and 2 the facades of the existing building that face those streets respectively. Kitchen cooking exhaust shall be vented through a Gaylord Ventilator Model GX2-BDL-MA. The existing buffering/screening area along the northern and western boundaries of the Property shall be maintained in its substantially present configuration and condition. Jo Lighting on the Property shall be shielded from all adjacent residential districts. Ko The color of exterior surfaces will be limited to earth tones. The development of the Property shall be in substantial conformity with the attached development plan prepared by Caldwell White Associates, dated February 23, 2001, which is attached as Exhibit C, subject to any changes required by the City during the plan review process. WHEREFORE, the Petitioner requests that the above-described parcel of land be rezoned as requested in accordance with the provisions of the Zoning Ordinance and, in addition, request the repeal of the conditions set forth and approved under Ordinance No. 34834-060500, dated June 5, 2000. 3 Respectfully submitted this ~ ~) day of May 2001. Respectfully submitted, CHS, Inc. (Contract Purchaser) By: Michael Ballantyne'~'- Officer 213 S. Jefferson Street, Suite 720 Roanoke, Virginia 24011 (540 981-8672) By: L._ ' r ~ ~ Supplies, Calvert L. Saunders VP Administration 3517 Brandon Avenue, S.W. Roanoke, Virginia 24018 (540 982 5900) IRC F:\users\rachel\WORD\RealEstate\mooresecondamend.doc5/18/01 7:47:46 AM 4 · I¸ EXHIBIT B Petition of Moore's Lumber & BuildLng Supplies, Inc. Adjacent Property Owners Tax Number 1290207 1290208 1290209 1290210 1290211 1290212 1290403 OwIler · Charles B. Helms Christine J. Helms 2952 Roberts Road, S.W. Roanoke, VA 24014 Jean W. Brookman 2938 Roberts Road, S.W. Roanoke, VA 24014 Harry A. Hatter 2934 Roberts Road, S.W. Roanoke, VA 24014 Charles B. Helms Christine J. Helms 2930 Roberts Road, S.W. Roanoke, VA 24014 3oseph H. Thurman Cherold T. Thurman 30 N. Main Street Rocky Mount, VA 24151 Hester K~g Beckner 2918 Roberts Road, S.W. Roanoke, VA 24014 Charles B. Helms Christine $. Helms 2951 Roberts Road, S.W. Roanoke, VA 24014 F~KF. Jl 0~7~31 Tax Number 1290218 128O6O1 1280619 1280618 1280603 1300513 1300514 1300516 1300517 RKE~10678831.WP0 C/M: Q66601-QQIQg-01 Owner Horace Fralin LLC et ~. P. O. Box20069 Roanoke, VA24018 TBC Associates LLP 2580 Broadway Street S.W. Roanoke, VA 24014 George & Mary C. Drates c/o Long John Silvers #3669 P. O. Box 14026 Lexington, KY 40512 McDonald's Corporation c/o John Ford P. O. Box 12647 Roanoke, VA 24027 Properties, Inc. 2743 Franklin Road, S.W. Roanoke, VA 24014 Terrier, LLC 2743 Franklin Road, S.W. Roanoke, VA 24014 Robert L. Mason 2743 Franklin Road, S.W. Roanoke, VA 24014 Robert L. Mason Audrey M. Mason 2743 Franklin Road, S.W. Roanoke, VA 24014 Robert L. Mason Audrey M. Mason 2743 Franklin Road, S.W. Roanoke, VA 24014 Tax Number 1300519 Mark 1L Finlder Beth IL Finlder 2814 Franldin Road, S.W. Roanoke, VA 24014 Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Email: planning@ci.roanoke.va.us The Honorable Ralph K. Smith, Mayor The Honorable William H. Carder, Vice Mayor The Honorable William D. Bespitch, Council Member The Honorable C. Nelson Harris, Council Member The Honorable W. Alvin Hudson, Council Member The Honorable William White, Sr., Council Member The Honorable Linda F. Wyatt, Council Member May 21, 2001 Dear Mayor Smith and Members of Council: Subject: Request from CHS, Inc., that property located on the north side of Franklin Road, S.W., bearing Official Tax No. 1280602, be rezoned from C-2, General Commercial District, to LM, Light Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: On June 11,2000, the property was rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, 2000, subject to proffered conditions. The existing conditions on the property are: (1) The property will not be used for any of the following uses, even though such uses may be permitted by the C~2 zoning district regulations: theaters, exhibition halls and similar facilities, outdoor recreational facilities, funeral homes, restaurants, hotels, motels and inns, open air markets, food stores, neighborhood and highway convenience stores, outdoor advertising, gas stations, establishments engaged in the sale or rental of automobiles, trucks, or construction equipments, auto accessory sales, auto cleaning facilities, auto repair establishments, bus terminals, veterinary clinics, kennels, or plant nurseries and greenhouses. (2) Tractor-trailer trucks will not be permitted to enter the property from Roberts Road, but will be required to enter directly from Franklin Road. (3) The existing buffering/screening areas along the northern and western boundaries of the property shall be maintained in substantially their present configuration and condition. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals A petition to rezone was filed on March 22, 1001. The petitioner proposes to use the property for laundry services and the processing of hospital foods to local and regional hospitals. A second amended petition was filed on April 16, 2001. A third amended petition was filed on May 3, 2001 subject to the following proffered conditions: (1) (2) The use of the property shall be limited to the following specific uses as set out in Section 36.1 Zoning, of the Code of the City of Roanoke (1979): (a) General service establishments primarily engaged in the repair or maintenance of goods or items not including automobile, trucks, construction equipment and the provision of business services provided all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for this use is not less than five thousand (5,000) square feet. Such general service establishments shall only launder, clothing, sheets, towels, surgical and institutional linens, and other textile products related to the healthcare industry. (b) Establishments engaged in the wholesale distribution of goods. (c) Manufacturing establishments primarily engaged in the manufacture, assembly, mixing, processing, or other processes related to the creation of new products and including as an accessory use, but not to include, the retail sale of goods manufactured on the premises, are wholly enclosed in a building. Such manufacturing establishments shall only prepare food for consumption off premises. (d) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the premises. (e) No outdoor storage shall be permitted on the property. (f) Tractor-trailer trucks will not be permitted to enter the property from Roberts Road, but will be required to enter directly from Franklin Road. (g) The existing buffering/screening area along the northern and western boundaries of the property shall be maintained in its substantially present configuration and condition. (h) Lighting of the property shall be shielded from all adjacent residential districts. (i) The color of exterior surfaces will be limited to earth tones. The development of the property shall be in substantial conformity with the attached development plan prepared by Caldwell White Associates, dated February 23, 2001, which is attached as Exhibit C, subject to any changes required by the City during the plan review process. 2 The Zoning Administrator has determined that the proposed laundry service/operation would be allowed under general service establishments, a permitted use in LM, Light Manufacturing District, and that food preparation would be allowed under manufacturing establishments, a permitted use category in the LM, Light Manufacturing District. There is no established neighborhood organization in this area. However, Neighbors in South Roanoke, a neighborhood organization adjacent to the property, was notified of the rezoning request. Planning Commission public hearing was held on April 19, 2001. David Diaz presented the report on behalf of the Planning staff and noted that staff was recommending approval of the requested rezoning. Mr. John Christodoulides, representing CHS, Inc., presented the proposed rezoning to the Commission advising that there would be no noise or odor associated with the proposed laundry facility. He said there would be a minimum to no noise or odor associated with the kitchen operations. Mr. Christodoulides summarized the amount of workers and the hours of operation for the facilities (see attached minutes). Mr. Chrisodoulides said that the total traffic would be less than half of what was at the site today. Mr. Christodoulides said there would be no impact by lighting and that all lights would be down lighting. He said that the site would have security provided by Carilion. He also noted that no further surfaces would be hard topped, thus having no impact on runoff. Mr. Michael Waldvogel (3526 Penarth Street, S.W.) opposed the rezoning expressing concerns regarding the appropriateness of the proposed industrial use in a commercial and residential area. Mr. Charles Helms (2951 Roberts Road, S.W.) opposed the rezoning and expressed concerns about the existing noise produced by trucks entering and existing the site during the late hours of the night. Mr. Eugene Elliott (2720 Rosalind Avenue, S.W.) opposed the rezoning noting issues regarding odor, noise, and traffic impact. Mr. Mark Hall (3475 West Ridge Road, S.W.) supported the rezoning expressing that the proposed use would be an improvement over the existing use. Ms. June Shapiro (3301 Kingsbury Circle, S.W.) opposed the rezoning expressing that there would be an impact on property values and also expressed concern about the number of trips per day generated by the proposed use. Mr. Christodoulides responded to concerns raised advising that there would be no noise and minimal odor associated with the proposed uses. Mr. Calvert Saunders, Vice President of Moore's, stated that the current amount of heavy traffic would be substantially less for the proposed use. Mr. Matthew Peery appeared before the Commission on behalf of Carilion. He discussed the kitchen operation, including number of employees and times and types of truck trips per day. He said that the delivery trucks would not be coming in and out of the site all night, but would come back to the site at night and park. He said that the kitchen needed six docks. He said that three trucks would be permanently parked at three of the six docks. He said that the other three docks were there so that there would be no bottleneck when deliveries were made. The Planning Commission voted 4-0-2 (Messrs. Butler, Campbell, Chrisman and Dowe voting for the request, Messrs. Manetta and Rife abstaining, and Mr. Hill absent) to recommend approval of the second amended petition. Since the Planning Commission meeting on April 19, 2001, a third amended petition has been filed to ensure consistency between the proposed uses (i.e., laundry and kitchen services) and the proffered conditions regarding general services establishments and manufacturing establishments. Considerations: The existing zoning pattern of the surrounding area is a combination of C-2, General Commercial and LM, Light Manufacturing. Land uses in the area include restaurants, a shopping center, auto sales, an animal clinic, and a recycling business located to the rear of the property. A small number of residential properties are located on Roberts Road adjacent to the proposed development. The proposed changes in proffered conditions will expand the industrial uses in this area. Existing trees and landscaping provide buffering between the proposed development and the residential area. The proposed rezoning maintains the existing buffering/screening along Roberts Road. The City Traffic Engineer does not anticipate traffic issues with the proposed rezoning because the existing development on this property generates a similar quantity and mix of traffic as that of the proposed development. Tractor-trailer trucks would be required to enter the property from Franklin Road. The Development Review Coordinator does not expect any stormwater management issues with the proposed development. The Comprehensive Plan recommends that: Development of new or existing industrial areas should be carefully planned and designed to promote quality development and good land use. Controls to help ensure that new or expanded industrial developments are good neighbors for residential areas should be carefully evaluated and strengthened where necessary. 4 Recommendation: Planning Commission recommended approval of the proposed rezoning by a vote of 4- voted 4-0-2 (Messrs. Butler, Campbell, Dowe, and Chrisman voting for approval, Messrs. Rife and Manetta abstaining and Mr. Hill absent). Respectfully submitted, .../ D. Kent Chrisman, Chairman Roanoke City Planning Commission DD:mpf Attachments cc: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William Hackworth, City Attorney Petitioner 5 May 21,2001 Office of the City Manager The Honorable Ralph K. Smith, Mayor The Honorable William Carder, Vice-Mayor The Honorable William Bestpitch, Council Member The Honorable Nelson Harris, Council Member The Honorable Alvin Hudson, Council Member The Honorable William White, Council Member The Honorable Linda Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Transfer of Real Estate to Facilitate Economic Development Prospect Background: The City of Roanoke has been working through Roanoke Downtown Properties, LLC with a confidential economic development prospect to expand its operations in downtown Roanoke. Considerations: The expansion will result in approximately $26 million in new investment ($8 million in new building and $18 million in new equipment.) To assist in the assemblage of property necessary for the expansion, two city owned parcels, #1010402 and 1010403, currently used for parking, need to be conveyed to Roanoke Downtown Properties, LLC. Recommendation: Conduct the public hearing, as advertised, and at a later meeting, authorize the City Manager to execute an assignable Option Agreement to convey these two parcels to the Roanoke Downtown Properties, LLC for consideration in the amount of $100.00 and other good and valuable consideration. City Manager Attachment C; James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk #CM01-00093 Room 364 Municipal South 215 Church Avenue, S,W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci,roanoke.va,us THIS OPTION AGREEMENT, made and entered into this ~ day of ,2001, by and between the CITY OF ROANOKE, VIRGINIA, Grantor, hereinafter referred to as "Owner," and ROANOKE DOWNTOWN PROPERTIES, LLC, Grantee, hereinafter referred to as "Optionee." WITNESSETH: WHEREAS, the Owner is the owner in fee simple absolute of the following real property, together with all improvements thereon and all rights and appurtenances thereunto pertaining, all of which is hereinafter referred to as the "Property": City of Roanoke Tax Parcels Nos. 1010402 and 1010403, located at 143 Salem Avenue, S. W. WHEREAS, the Optionee desires to enter into an option agreement for the purchase of the Property. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties agree and covenant as follows: 1. In consideration of the sum of One Hundred Dollars ($100.00) cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged by the Owner, the Owner grants to the Optionee the sole and exclusive option to purchase the Property for the purchase price of One Hundred Dollars ($100.00). 2. The exercise of this option to purchase the Property shall be made by Optionee delivering written notice of the option to the Owner not later than 5:00 p.m., on the 28th day of September, 2001, at such place as Owner may designate herein for the delivery of notices. The written notice shall be deemed to have been delivered to Owner upon delivery of the written notice to Owner's last known address by either certified mail, return receipt requested, or by an overnight mail service. If Buyer does not exercise this Option Agreement by the aforesaid date, this Option Agreement shall be considered null, void and of no effect, unless the parties otherwise agree in writing. 3. In the event the Optionee exercises this option, the following provisions shall govern the settlement: a. ,At closing Owner shall deliver to Optionee a deed of Special Warranty conveying a good, marketable and insurable fee simple title to Optionee, free of all liens, encumbrances, and defects, and subject to such restrictions, covenants and easements as shall now be of record which do not affect the use of the property for Optionee's intended purposes, or render the title unmarketable. If a defect is found which is of such character that it can be remedied by legal action within a reasonable time, Owner shall, at Owner's expense, promptly take such action as is necessary to cure the defect. If such defect cannot be cured within a reasonable time, Optionee shall have the option of terminating any agreement to purchase the Property. b. ,At settlement, the Owner shall give and the Optionee shall take possession of the Property, free of all tenants and tenancies. c. The risk of loss by fire or other casualty is assumed by Owner until settlement. d. Optionee accepts the property in its present condition, ",AS IS." e. Owner hereby makes the following warranties and representations which shall be effective as of the date of settlement: (1) There are no existing boundary, water, or drainage disputes of which the Owner has any knowledge, except as noted herein. (2)There are no actions or proceedings threatened against Owner to condemn all or any part of the Property. (3) Owner has paid for all work, labor and materials furnished to the Property prior to the recording of the deed, and there will be no mechanic's liens and/or the right of any person to file a 2 mechanic's lien against the Property for any reason whatsoever. f. Settlement shall take place within thirty (30) days of the exercise of this option by Optionee, in the Office of the Optionee's attorney. g. Owner shall pay the expense of preparing the deed and the recordation tax applicable to grantors, if applicable. Except as otherwise agreed herein, all other expenses incurred by Optionee in connection with the settlement, including, but not limited to, title examination, insurance premiums, survey costs, engineering and other study costs, recording costs, loan document preparation fees, and the fee of Optionee's attorney shall be borne by the Optionee. All taxes and assessments shall be prorated between the parties as of the date of settlement. h. Owner agrees to exercise ordinary and reasonable care in the maintenance and upkeep of the Property, ordinary wear and tear excepted, from the date of this Option Agreement to the date of settlement. i. The parties hereto represent to each other that no real estate agent or broker was involved in this transaction and each agrees to hold the other harmless from any claim for a commission by reason of any action on their part. j. The provisions contained in this Option Agreement shall not merge with the deed conveying the Property, but shall survive the execution and delivery of the deed. 4. Notices and other correspondence regarding this Option Agreement shall be delivered to the following addresses, or to such other or additional addressees as the parties may designate in writing: Owner:City of Roanoke Optionee: c/o Darlene L. Burcham, City Manager Room 364 Municipal Building 215 Church Avenue, S. VV. Roanoke, Virginia 24011 Roanoke Downtown Properties, LLC c/o Michael M. Waldvogel 800 Professional Arts Building 30 Franklin Road, S. VV. Roanoke, Virginia 24011 5. This Option Agreement shall be binding upon and enure to the benefit of the respective heirs, executors, personal representatives, successors in interest, and assigns of the parties. 6. This Option Agreement represents the entire understanding between the parties, and there are no collateral or oral agreements or understandings, and this Agreement shall not be modified unless in writing of equal formality signed by both parties. 7. This Option Commonwealth of Virginia. ATTEST: Agreement shall be construed according to the laws of the CITY OF ROANOKE By. Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ROANOKE DOWNTOWN PROPERTIES, LLC By Title: STATE OF VIRGINIA § C:\WINDOWS\TEMP~,0527626.DOC 4 § To-Wit: CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of 2001, by Darlene L. Burcham, City Manager, of the City of Roanoke, Virginia, corporation, on behalf of that corporation. My Commission expires: a municipal Notary Public STATE OF VIRGINIA § CITY OF ROANOKE § To-Wit: The foregoing instrument was acknowledged before me this day of 2001, by ,, of Roanoke Downtown Properties, LLC, a limited liability corporation, on behalf of that corporation. My Commission expires: Notary Public C:\WINDOWS\TEMP¥-0527626 .DOC 5 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01669481 143 Salem Ave State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __~,/7~-~ day of May 2;0~1. Witne~s3~ h~nd and official seal._~~___~___~d~ , Notary Public My commission expires PUBLISHED ON: 05/13 TOTAL COST: 98.28 FILED ON: 05/17/01 amended, notl~ Is hereby be held Oil Monday, May 21, 2001, commenci~[ at 7.00 215 Church Avenue, $,W., Roanoke, Vlrglnl-. Further (16~481) ,.. Si nat~ · ~< ~, ~ ~"f..4'J ~ , Billing Services Representative ....... NOTICE OF PUBLIC HEARING The City of Roanoke proposes to convey to Roanoke Downtown Properties, LLC, or its assigns, City owned property identified by Official Tax Map Nos. 1010402 and 1010403, located on 143 Salem, Avenue, S. W. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on Monday, May 21, 2001, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of Economic Development for the City of Roanoke at (540) 853-2715. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 8th day of ~tay , 2oo x · Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, May 13,2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 HAAM1SCXno- 143sal emavenu¢ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk®ci.manoke.va.us May 29, 2001 File #24-32 STEPHANIE M. MOON Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35368-052101 amending and reordaining Section 7-1, Penalty for violations of chapter, Section 7-3, Building commissioner appointed enforcing official, and Subsections (a) and (b) of Section 7-45, Appeals., of Chapter 7, Building Regulations; and amending subsection (d) of Section 36.1-327, Historic district regulations; certificate of appropriateness, and subsection (f) of Section 36.1-345, District regulations; certificate of appropriateness., of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for code officials responsible for inspections under, and enforcement and administration of, the property maintenance code and all other codes within the building code, and the delegation of authority of those officials. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia Darlene L. Burcham May 29, 2001 Page 2 pc~ The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The George W. Harris, Jr., Judge, General District Court The Vincent A. Lilley, Judge, General District Court The William D. Broadhurst, Judge, General District Court The Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Honorable Honorable Honorable Honorable The Honorable District Court The Honorable District Court Joseph M. Clarke, II, Judge, Juvenile and Domest'ic R~lations The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Transmitted by electronic mail to Municipal Code Corporation Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35368-052101. AN ORDINANCE amending §7-1, Penalty for violations of chapter, §7-3, Building commissioner appointed enforcing official, and subsections (a) and (b) of§7-45, Appeals, of Chapter 7, Building Regulations; and amending subsection (d) of §36.1-327, Historic district regulations; certificate of appropriateness, and subsection (f) of §36.1-345, District regulations; certificate of appropriateness, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for code officials responsible for inspections under, and enforcement and administration of, the property maintenance code and all other codes within the building code, and the delegation of authority of those officials; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending §7-1, Penalty for violations of chapter, §7-3, Building commissioner appointed enforcing official, and subsections (a) and (b) of §7-45, Appeals, of Chapter 7, Building Regulations; and subsection (d) of §36.1-327, Historic district regulations; certificate of appropriateness, and subsection (f) of§36.1-345, District regulations; certificate of appropriateness, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: Sec. 7-1. Penalty for violations of chapter. Unless otherwise specifically provided, any person who shall violate any provision of this chapter or any provision of the building code adopted by section 7-5, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure or do any other work in and about a building or structure in violation of an approved plan or directive of the building official or the building maintenance code official, or of a permit or certificate issued under the provisions of such code, shall be guilty of a misdemeanor and punishable in accordance with the terms of section 36-106 of the Code of Virginia (1950), as amended. Sec. 7-3. Code officials. (a) The city's building ~n'aintenance code official, as appointed by the city manager, shall be the code official responsible for inspections under, and enforcement and administration of, those provisions of the building code relating to the maintenance and repair of existing structures and equipment, as the same may be amended from time-to-time. The city's building maintenance code official is'hereby authorized to delegate authority to other qualified persons to inspect under, and enforce or administer, the city's building maintenance code. (b) The city's building commissioner, as appointed by the city manager, shall be the code official responsible for inspections under, and enforcement and administration of, all provisions of the building code other than those relating to maintenance and repair of existing structures and equipment. The city's building commissioner is hereby authorized to delegate authority to other qualified persons to inspect under, and enforce or administer, all of the provisions of the building code except those relating to maintenance and repair of existing structures and equipment. Sec. 7-45. Appeals. (a) Any person aggrieved by any determination or decision of the city manager made pursuant to this article shall have the right to appeal such .determination or decision within twenty-one (21) calendar days of such determination to the building maintenance code official for the city. Notice of such appeal shall be in writing, on forms provided by the city manager, shall specify the grounds of appeal, and shall be delivered to the building maintenance code official for the city prior to the expiration of the twenty-one (21) calendar day period. The building maintenance code official, or his designee, shall meet with the person aggrieved by the determination or decision of the city manager within five (5) business days of receipt of such notice of appeal to consider the appeal, unless the owner or his managing agent agrees, in writing, to an extension. Any such aggrieved person may request that the building maintenance code official invite to the meeting persons deemed helpful in resolving the dispute. The building maintenance code official shall render his decision within five (5) business days after such meeting. (b) Any person aggrieved by any determination or decision of the building maintenance code official made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the property maintenance code. Sec. 36.1-327. Historic district regulations; certificate of appropriateness. (d) Nothing in this section shall be construed to prevent the ordinary maintenance of any building, structure, or historic landmark in the H-1 district which does not require a building permit, nor to prevent the demolition of any building, structure, or historic landmark which the building maintenance code official certifies in writing is required for public safety because of an unsafe or dangerous condition. "Ordinary maintenance" within the meaning of this section shall include a painting, provided that the color of a building or structure is not changed. However, painting of previously unpainted masonry surfaces shall require a certificate of appropriateness. Sec. 36.1-345. District regulations; certificate of appropriate. (f) this section shall not prevent the demolition or razing of a building, structure, or historic landmark which the building maintenance code official certifies in writing is required for public safety because of an unsafe or dangerous condition. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\Ord-CA-Zoning\O-CA-Bldg. MainCo?mOfficial (Zoning) (PH 5-21-01 ~ 3 Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Designation of Building Maintenance Code Official Background: Authority to administer the Virginia Uniform Statewide Building Code (USBC), including the Building Maintenance Code (BMC), is assigned by the USBC to a "code official". Section 7-3 of the City Code designates the City's building commissioner as the City's building code official. However, the USBC allows a separate official to be designated as the code official responsible for enforcement of the BMC. Prior to April, 2000, the BMC and the rest of the USBC was administered by the Building Department, headed by the building commissioner. Enforcement responsibility for the BMC has been moved from the Building Department to the newly-formed Department of Housing and Neighborhood Services. Considerations: In oder to align the legal authority to administer the BMC with the City's current organizational structure, changes in the City Code are needed to authorize the designation of a code official responsible for enforcement of the BMC and to assign specific responsibilities currently held by the building commissioner to that official. The manager of the office administering the BMC has the certification required by the state. Included in these amendments are two changes to the zoning ordinance regarding historic districts. The Planning Commission held a public hearing regarding these Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va,us Honorable Mayor and Members of Council May 21, 2001 Page :2 proposed amendments on April 19 and approved them as submitted. The Planning Commission report is being submitted to Council separately. Recommended Action: Amend Chapters 7 and 36.1 of the Code of the City of Roanoke (1979), as amended, to authorize appointment of a Building Maintenance Code official and assigning specific responsibilities and authority to the Building Maintenance Code official and the Building Code official. Respectfully submitted, City Manager DLB:hdp Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Rolanda Johnson, Assistant City Manager CM01-00089 Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Buildi: 215 Church Avenue, $ Roanoke, Virginia 2z (540) 853-2344 (Fax) 853-1 Email: planning@ci.roanoke.w'~.~ May 21,2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable W. Alvin Hudson, Council Member Honorable William D. Bestpitch, Council Member Honorable William White, Sr., Council Member Honorable C. Nelson Harris, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Proposed amendments to Sections 36.1-327 and 36.1-345, H-l, Historic District, and H-2, Neighborhood Preservation District regulations of the Zoning Code of the City of Roanoke (1979), as amended, to provide for code officials responsible for inspections, enforcement, and administration of the property maintenance code. Background: Changes are needed in sections of the City Code to provide for the appointment of a code official to be responsible for the administration and enforcement of the Virginia Building Maintenance Code. Currently, this responsibility and authority rests with the building commissioner. A separate code official needs to be designated to better provide for the public health, welfare and safety with respect to existing buildings. In conjunction with the proposed changes to the City Code, two sections of the zoning ordinance which refer to the building commissioner must be amended: Section 36.1- 327(d) and 36.1-345(f). The only changes proposed are that the words "building commissioner" would be replaced with "building maintenance code official." The proposed amendments to the zoning ordinance are attached. On March 15, 2001, a report on the proposed amendment was made to the Planning Commission by the Ordinance and Names Committee. The Planning Commission agreed to sponsor the proposed amendment to the zoning ordinance by a vote of 5-0. A public hearing was held on April 19, 2001. Mrs. Evelyn Lander presented the staff report and explained the proposed amendment. There was no opposition to the proposed amendments. Roanoke Cily Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: The remaining city code amendments which provide for the appointment of a building maintenance code official will be forwarded to City Council concurrently with the recommended zoning ordinance amendments. The Comprehensive Plan recommends that municipal functions be improved to ensure maximum possible enforcement of all land development regulations, including housing and property maintenance codes. Recommendation: Planning Commission, by a vote of 6-0 (Messrs. Butler, Campbell, Chrisman, Dowe, Manetta and Rife voting for approval; Mr. Hill absent) recommended approval of the proposed amendments as set forth in Attachment A. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission Attachment cc: Darlene Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01663521 Bldg. Regulations State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: Commonwealth/State of ....... day Public City/County of Roanoke, Virginia. Sworn and subscribed before m~Rthis _~ of May/~001.^ Wit~%es~,myr%F~q~d~n~ off~ia~--- seal. ~_~_~_=~~_~ , Notary My commission expires ~__~ PUBLISHED ON: 05/04 05/11 ,1S.2-2204, Code o~ Vl~nl. The propoeed amendment msp~ble ~r Inchon8 ~, ~-2~. (~63-254!), bMom 12:00 ~ ~ ~, ~ 17, ~1. TOTAL COST: 314.42 FILED ON: 05/15/01 ............................ ~ ................. 4- ........................... NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, May 21,2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., in order to consider an amendment and revision to Chapter 7, Building Regulations, and Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, by amending §7-1, Penalty for violations of chapter, §7-3, Building commissioner appointed enforcing official, and subsections (a) and (b) of §7-45, Appeals; and amend Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by amending subsection (d) of§36.1-327, Historic district regulations; certificate of appropriateness, and subsection (f) of §36.1-345, District regulations; certificate of appropriateness, to provide for code officials responsible for inspections under, and enforcement and administration of, the property maintenance code and all other codes within the building code, and the delegation of authority of those officials. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulation should be directed to the Office of Planning and Code Enforcement, 853-2344. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, May 17, 2001. GIVEN under my hand this30th: day of April ,2001. Mary F. Parker, City Clerk. H:\NOTICE~I-Z-Code Official (PH 5-21-01) Note to Publisher: Please publish twice in The Roanoke Times; once on Friday, May 4, 2001 and once on Friday, May 11, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 H:\Public HearingshNoticesLHistoric Code Amend.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk May 29, 2001 File #24-51 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am' attaching copy of Ordinance No. 35369-052101 amending and reordaining Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District; and amending Section 36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: The Honorable Richard C. Pattisall, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia Darlene L. Burcham May 29,2001 Page 2 pc: The The The The The The The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Honorable Julian H. Raney, Jr., Chief Judge, General District Court Honorable Honorable Honorable Honorable George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Donald S. Caldwell, Commonwealth's Attorney Transmitted by electronic mail to Municipal Code Corporation Mr. Don Buffington, Brian Wishneff and Associates, 1010 First Union Building, Roanoke, Virginia 24011 Mrs. Kathy Hill, 509 Arbor Avenue, S. W., Roanoke, Virginia 24014 Mrs. Christine Proffitt, Historic Belmont Preservation Association, 424 Bullitt Avenue, S. E., Roanoke, Virginia 24013 Mr. Bob Caudle, 4231 Belford Street, S. W., Roanoke, Virginia 24018 Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission. Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st of day of May, 2001. No. 35369-052101. AN ORDINANCE amehding Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District; and amending of §36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary_ Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for a new institutional planned unit development district; and dispensing with the second reading of the title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Division 5, Special District Regulations, of Article III, District Regulations, and §36.1-562, Standards., of Division 12, Group Care Facilities, of Article IV, Supplementary_ Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended are hereby amended to read and provide as follows: Subdivision H. INPUD, Institutional Planned Unit Development District Sec. 36.1-395. Intent. The INPUD, Institutional Planned Unit Development District is intended to encourage harmonious development of institutional uses and mixed-use campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes. Sec. 36.1-396. Application. (a) Any area meeting the requirements of this section may, by amendment to this chapter, be zoned INPUD, institutional planned unit development district, and such area shall be designated INPUD on the official zoning map; (b) Development within an area zoned INPUD shall occur on one (1) lot, or if more than one (1) lot, on lots which are contiguous or would be contiguous but for their separation by a street; and (c) Any such INP~D district shall consist of at least two (2) acres. aec. 36.1-397. Permitted Uses. The following uses shall be permitted in the INPUD district: (1) Group care facilities subject to the requirements of section 36.1- 560, et. seq. (2) Elementary and secondary schools. (3) Laboratories and testing facilities. (4) General storage and warehousing establishments engaged in the storage of miscellaneous merchandise not for sale on the same premises. (5) Establishments engaged in the wholesale distribution of goods. (6) Principal permitted uses in the C-2 district, not including outdoor advertising, as provided in section 36.1-206, et seq. (7) Principal permitted uses in the C-3 district, not including outdoor advertising, as provided in section 36.1-226, et seq. (8) Single family dwellings. (9) Two family dwellings, provided that thousand (7,000) square feet or more. the lot area is seven 2 (10) Town houses subject to the requirements of section 36.1-460, et seq. Sec. 36.1-398. Development Standards. All applications for review and approval in INPUD districts shall comply with the following standards of development: (a) Maximum Floor Area Ratio: The maximum floor area ratio of all principal and accessory buildings shall be ten (10.0). (b) Yards: There shall be no minimum yard requirement, but no building within an INPUD district shall be closer than fifty (50) feet to any lot outside the INPUD district which either is a residential district or contains a residential use. (c) Height: There shall be no maximum height of structures, but any building within the INPUD district which is on a lot adjoining a lot outside the INPUD district which either is a residential district or contains a residential use, shall have a maximum height of forty-five (45) feet, unless otherwise provided for in section 36.1-409. (d) Open Space: A minimum often (10) percent of the gross area of the INPUD district shall be open and usable recreation space which is unencumbered by driveways or parking. When residential uses exist, or are proposed in the INPUD district, a minimum of twenty percent of the gross area of the INPUD district shall be open and useable recreation space which is unencumbered by driveways or parking. The open space area may consist of open pedestrian plazas or decks over structures which are not more than twenty (20) feet from the average ground level on which the structure is located. (e) Outdoor Storage: In the INPUD district there shall be no outdoor storage. (f) Parking: No parking area shall be closer than fifteen (15) feet to a lot outside the INPUD district which either is a residential district or contains a residential use. Parking in the INPUD district shall adhere to the requirements as set forth in Section 36.1-426 through Section 36.1-434 of the Code of the City of Roanoke (1979), as amended. Sec. 36.1-399. Application requirements. (a) The application for rezoning in an INPUD shall be filed with the City Clerk and shall include an approved institutional development plan. (b) The institutional development plan referenced in subsection (a), abo-¢e, shall include a scaled development plan, pursuant to Section 36.1-570, et. seq., containing the following information, together with necessary explanatory materials: (1) The boundaries of the INPUD District involved and the ownership of properties contained therein, as well as all existing public and private streets, alleys, easements within and immediately adjacent to the district; (2) The location and use of existing buildings and the location and use of proposed buildings or major additions to existing buildings; if the location or use of proposed buildings, or the use of existing buildings, is not known at the time of filing of the development plan, such location or use must be approved by the Planning Commission when such location or use becomes known to the owner; (3) The location of all existing parking facilities and the approximate location of all proposed parking facilities including surface parking lots, including the number of parking spaces for each lot or facility and all existing and proposed means of access to parking areas and to public or private streets, alleys, and easements; (4) Any proposed changes in the location, width, or character of public streets, alleys, or easements within and adjacent to the district. Any private driveways or loading areas that intersect with public rights-of-way or easements must be shown. If applicable, routes of emergency vehicles accessing the district must be delineated; (5) Existing and proposed pedestrian routes, including links between various buildings; 4 (6) (7) (8) (9) The general use of major existing and proposed open spaces within the site and specific features of the plan, such as screening, buffering, or retention of natural areas, which are intended to enhance compatibility with adjacentproperties. Calculations ofapercentage of open space for the district plan must also be included; Infrastructure plans detailing the size and location of existing storm water, sanitary sewer, and water lines. Also included shall be estimates of impacts of proposed development on infrastructure capacity in the district and impact~ ~n collector lines immediately outside of the district; The compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the INPUD; and Details shall be included to show that any activity producing glare will be carded on in such manner that the glare is not perceptible at or beyond the district boundary in which the activity is located. Sec. DIVISION 12. GROUP CARE FACILITIES 36.1-562. Standards. (c) For those permitted in the INPUD District, the following standards shall apply: (1) The number of occupants, including supervisory personnel and family members living on the premises, shall be limited to three (3) occupants for every one thousand (1,000) square feet of lot area; (2) Each group care facility shall provide one hundred (100) square feet of open space per occupant; (3) On-site parking and exterior activity areas shall be screened from adjoining properties; and (4) Parking shall be adequate to meet the needs of staff and residentm Pursuant to the provis~dns of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H:\Ord-CA-Zoning\O--CA-INPUD (InstituPlannedUnitDevelopment) (4-11-01) 6 ~CHARTERED '1~88212~ Roanoke City Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (F~h 853-1230 Email: planning@ci.r¢ ~e.va.us '0i -'~ May 21,2001 Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor W. Alvin Hudson, Council Member William D. Bestpitch, Council Member William White, Sr., Council Member C. Nelson Harris, Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Background: Proposed amendment of Division 5: Special District Regulations, of Article III. District Regulations, by the addition of a subdivision entitled, Subdivision H. INPUD; Institutional Planned Unit Development District; and amending and reordaining Section 36.1- 562. Group Care Facilities in RS-l, RS-3, RS-3 and RM-1 districts, of Article IV. Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for mixed use institutional development in certain neighborhoods. Roanoke's zoning ordinance currently provides for two Planned Unit Development (PUDs) Districts: RPUD, Residential Planned Unit Development District, and IPUD, Industrial Planned Unit Development District (IPUD). The RPUD district provides for mixed residential and commercial uses. The IPUD district provides for mixed industrial and commercial uses. The INPUD, Institutional Planned Unit Development District, is being proposed to address the gap between these districts by providing for institutional uses, mixed commercial uses, residential, and industrial uses in accordance with an adopted institutional development plan. Examples of how this district may be used include the expansion or development of schools, biomedical research facilities, hospitals, and other institutional uses. In addition to the amendment establishing INPUD District, an additional amendment to the Group Care Facility section of the Zoning ordinance is proposed in order to include standards for group care facilities in an INPUD district. No specific properties are proposed for zoning changes are part of this request. However, there are entities interested in pursuing this zoning district in the future. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals On November 16, 2000, the Planning Commission recommended to City Council amendments to the Zoning ordinance to create a new zoning district, INPUD, Institutional Planned Unit Development District. At the Planning Commission public hearing on November 16, 2000, Mr. David Diaz, City Planner, presented the staff report and recommended that the Planning Commission approve the amendments to the zoning ordinance. He advised that the new district will assist the city, citizens, and new institutions in developing quality, well-planned facilities that are compatible with adjacent land uses. Mr. Don Buffington, representing Brian Wisheff and Associates, appeared as a consultant to Carilion Biomedical Institute advising that the district may be useful. He advised that he had questions with respect to height restrictions, underground utilities, and child care facilities, especially how district requirements may affect the proposed biomedical development. Staff indicated that they would be happy to work further with the institute as design standards were developed for the redevelopment area. Mrs. Kathy Hill, 509 Arbor A venue, S. £., addressed the Commission and read a prepared statement from Mrs. Christine Proffitt of the Historic Belmont Preservation Association, expressing concern for use of the new district by the Rescue Mission to expand beyond their present boundaries. Mrs. Hill advised that building height and bulk issues were important to neighborhoods and she was concerned about building group care facilities and tearing down existing houses for institutions. Mr. Bob Caudle, 4231 Belford Street, S. W., asked if any areas were proposed for rezoning or if a property owner would have to make a request. Planning staff advised that no zoning changes were being proposed by this amendment; if the Rescue Mission chose to change the zoning to expand their facilities, a rezoning petition could be filed by them. There was further discussion among staff and the Commission regarding the purpose of the district. It was noted that Norfolk had a similar district for institutions which assisted the city in successfully managing these types of uses. Several Commission members advised that additional performance standards for lighting, noise, odor, and dust should be studied and included at a later date. Mrs. Duerk advised that design standards for development also should be included. Staff noted that design could only be regulated in an historic district or by special enabling legislation granted by the General Assembly. On December 18, 2000, City Council referred the matter back to the Planning Commission for further study due to questions regarding development plan requirements and provisions group care facilities. After considerable discussion by the Planning Commission and staff, the following changes are proposed: 1. Residential uses are allowed as a permitted use. Group group care facilities are included as a permitted use in the INPUD district. Standards for these facilities are set forth in Section 36.1-560 et seq of the Zoning Ordinance. (Note that there is no 1,500 foot distance requirement between facilities because the location of proposed facilities must be approved at the time the INPUD is reviewed, or later by the Planning Commission.) 3. Underground utilities are not a requirement. 2 Application requirements have been revised to provide that if a building location or use is not known at the time of application that the future development of the location must be approved by the Planning Commission. Planning Commission public hearing was held on April 19, 2001. Mr. David Diaz explained the ordinance amendment and the history of the proposal. Members of the Planning Commission asked if conditions could be placed on a property which may apply for this type of zoning. Mr. Diaz replied that conditions could be proffered. Mrs. Christine Proffitt (424 Bullitt Avenue, S.E.) appeared before the Commission in opposition to the elimination of the 1,500 foot distance required for group care facilities in the zoning ordinance amendment. She advised that she was concerned that the approval of this provision would allow the Rescue Mission to expand, which would negatively affect the Belmont neighborhood. Mrs. Evelyn Lander explained that the proposed request only established the district as being available; consideration of any specific properties would require an application for rezoning and public hearings by both the Planning Commission and City Council. She explained that the reason the 1500 foot distance requirement had been eliminated was because any project would require detailed review by the Planning Commission and City Council with respect to its land use and development pattern; with such review, a distance separation would not be needed as each project would be considered on its own merits. Considerations: The development standards for the INPUD District would provide a petitioner with greater flexibility with respect to uses, yards, height, and minimum area requirements. For example, there are no minimum yard and height requirements proposed for the INPUD District, except when it is located adjacent to a residential district or a residential use. Where an INPUD District is adjacent to a residential district or use, the yard requirement is a minimum of 50 feet, and no structure may be over forty five (45) feet in height. In addition, the minimum area requirements for an INPUD District are 2 acres; whereas, the minimum acres for an IPUD District are 20 acres or 10 acres, if located in an urban enterprise zone. In return for relaxing such requirements, the petitioner must dedicate a minimum of ten (10) percent of the gross area to open space, a minimum of twenty (20) percent of gross area to open space when residential uses exist or are proposed, and submit an institutional development plan with the rezoning. The institutional development plan requires the following information: boundaries of development existing and proposed location and use of buildings parking proposed changes in streets, alleys, or easements proposed pedestrian routes open space infrastructu re compatibility with character and appearance of surrounding neighborhood in terms of height, bulk, and location on lot The Comprehensive Plan recommends that: Development of new or existing commercial and institutional areas should be carefully planned and designed to promote quality development and good land use. Controls to help ensure that new or expanded commercial and institutional development are good neighbors should be carefully evaluated and strengthened where necessary. Recommendation: Planning Commission voted 6-0 (Messrs. Butler, Campbell, Chrisman, Dowe, Manetta and Rife voting in favor; Mr. Hill absent) to recommend approval of the proposed INPUD District regulations as presented in Attachment A. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission attachment c: Darlene Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01663542 INPUD State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this---/~7~ ..... day of May 7001. Witness my hand and official seal. ~ ~~ , Notary Public M ~m ---- --~ ......./~ -~//O~r ..... y c o i s s i o n e xp i r e s ...... i ~____~_£~_c~__~__ ........ . PUBLISHED ON: 05/04 05/11 NOI1CE OF PUBUC HEARING TO WWOM IT MAY OONCE:RN: (/5~0), M ~mbed, m~ ~ hold a PU~ Headr4 on Mon- day, May 21, 2001, It 7:00 the matter i~ be beMd, In the Coun~l ChambM in the NaM C. Tailor MUM~p~ Broil- in& 2/5 (~hUmh Avenue, $.w., In orber to ~onddet an amend. of Rdanoka (1079), as amended. The proposed amendment tlon~ of Cl~ 36.1, Zonln& Roanoke (/579), ;m amended: dlvtMon H, INPUD, Inlt~ Cee FeeMtlee, of AWole N, provide for a r~w InltlttWonal planned unit W M- amofldmofl~ M ewdlelde for review In Um Offloe of the City ~UI p~t'U~ In Int~reit may M83-2541), before 12:00 noon on Tnumday, May 17, 2001.' (lee~42) TOTAL COST: 266.66 FILED ON: 05/17/01 ................................... Signat~-_~_~__J~_-____~__~.~/,'-'~''' Billing Services Representative NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Heating on Monday, May 21,2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., in order to consider an amendment and revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend the following sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended: Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District, and § §36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary_ Regulations, to provide for a new institutional planned unit development district. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulation should be directed to the Office of Planning and Code Enforcement, 853-2344. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, May 17, 2001. GIVEN under my hand this 30thday of Apr±l ,2001. Mary F. Parker, City Clerk. H:\NOTICE~q-Z-Inpud (PH 5-21-01) Note to Publisher: Please publish twice in The Roanoke Times; once on Friday, May 4, 2001 and once on Friday, May 11, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk Room 456, Noel C. Taylor Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 H:XPublic Hearings\Notices\lNPUD.wpd NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of § 15.2-2204, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, May 21,2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., in order to consider an amendment and revision to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend the following sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended: Division 5, Special District Regulations., of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned Unit Development District., and §§36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary_ Regulations., to provide for a new institutional planned unit development district. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulation should be directed to the Office of Planning and Code Enforcement, 853-2344. All parties in interest may appear on the above date and be heard on the question. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, May 17, 2001. GIVEN under my hand this ~ day of ., 2001. Mary F. Parker, City Clerk: MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us May 1,2001 File #51 STEPHANIE M. MOON Deputy City Clerk Mr. Don Buffington Brian Wishneff and Associates 1010 First Union Building Roanoke, Virginia 24011 Mrs. Christine Proffitt Historic Belmont Preservation Assoc. 424 Bullitt Avenue, S. E. Roanoke, Virginia 24013 Mrs. Kathy Hill 509 Arbor Avenue, S. W. Roanoke, Virginia 24014 Mr. Bob Caudle 4231 Belford Street, S. W. Roanoke, Virginia 24018 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, May 21, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., in connection with a proposed amendment of Division 5, Special District Regulations, of Article III, District Regulations, by the addition of a new subdivision entitled Subdivision H, INPUD, Institutional Planned United Development District; and amending Section 36.1-562, Standards, of Division 12, Group Care Facilities, of Article IV, Supplementary Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to provide for mixed use institutional development in certain neighborhoods. The City Planning Commission is recommending approval of. the above-described amendment. If you would like to receive a copy of the report of the City Planning Commission, please contact the City Clerk's Office. This letter is provided for your information as an interested party. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. City Clerk MFP:ssh HSPublic Headngs\Correspondence\PH-May 21, 2001.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk May 30, 2001 File #22-373 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35370-052101 authorizing an appropriate lease agreement with the Commonwealth of Virginia Department of Health for the Health Center located on the southwest corner of Campbell Avenue, S. W., and Eighth Street, S. W., commonly known as 515 and 530 Eighth Street, S. W., for a three-year term, beginning July 1,2001, and ending June 30, 2004, for a total lease fee of $467,400.00, upon certain terms and conditions. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment H:~Age~da.01~vlay 21, 2001 co~,spon0ec, ce.wp0 Darlene L. Burcham May 30, 2001 Page 2 pc~ Milton W. Carter, Business Manager, Roanoke City Health District, 525 Eighth Street, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Dana D. Long, Chief, Billings and Collections Patrick A. Leach, Lease Administrator, Billings and Collections George C. Snead, Jr., Assistant City Manager for Operations Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Stephanie M. Moon, Deputy City Clerk H:'~Agenda.01'~ay 21, 2001 correr~ondence.wlx~ A.7 Office of the City Manager May 21,2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Re: Lease of City Property - Health Department Dear Mayor Smith and Members of Council: The attached communication was considered by City Council at its regular meeting on April 16, 2001. At its meeting, Council authorized the advertisement of a public hearing with regard to the proposed 3-year lease of property at 515 and 530 Eighth Street to the State Department of Health, to be held on May 21, 2001, at 7:00 p.m. An ordinance is transmitted for Council's consideration, the adoption of which will authorize the execution of a new lease with the State Department of Health. Sincerely, City Manager DLB/f Attachment C: Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Sarah E. Fitton, Engineering Coordinator Room 364 H:\l-hmlease.dlb Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci,roanoke,va,us (540) 853-2333 FAX (540) 853-1138 Office of the City Manager April 16, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Lease of City Property - Health Department Lease Agreements with the State Department of Health for use of City properties located at 515 and 530 Eighth Street (Tax Nos. 1113111 and 113210) known as the Health Center Building and the Health Center Annex' have been in place since 1968 and 1979, respectively. The current leases will both expire June 30, 2001. Lessee has requested a new lease to include both buildings, containing approximately 20,000 square feet. The rate will be $38,950 per quarter, for a total lease fee of $467,400, for a term of three years ending June 30, 2004, with a three-month cancellation provision. See Attachment I for proposed lease. Lessee has declared its intent to utilize the cancellation provision upon completion of the proposed new facility. See Attachment 2. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, execute a new lease with the State Department of Health for the properties located at 515 and 530 Eighth Street, SW, for a term of three (3) years. Respectfully submitted, Darlene L. Burcli~am City Manager DLB/SEF/sf Attachment(s): I pc: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Gdsso, Director of Finance Sarah E. Fitton, Engineering Coordinator Patrick A. Leach, Lease Administrator, Billings and Collections Milton W. Carter, Administrative Manager, Health Department #01-112 Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.roanoke.va, us ATTACHMENT I DEED OF LEASE This DEED OF LEASE (the "Lease"), made this day of ,2001, by and between The City of Roanoke (the "Lessors") and COMMONWEALTH OF VIRGINIA, by Roanoke Health District (the "Lessee"), with approval of the Governor pursuant to §2.1-504.2 of the Code of Virginia (1950), as amended. WITNESSETH For and in consideration of the terms, conditions, covenants, promises and agreements herein made, Lessor hereby leases and demises unto Lessee the following described real property (the "demised premises"): (Include parking facilities and number of parking spaces, if any, and rentable square footage or acreage.) Those certain parcels of land situated in the City of Roanoke, VA known as 515 and 530 Eighth St. SW, together with the buildings thereon know as the "Health Center Building" and the "Health Center Annex" containing 20,000 square feet. INITIAL TERM OF LEASE: The demised premises are leased to Lessee for a period of three (months/year), beginning on the 1" day of July ,2001 and terminating on the 30th day of June ,2004 (the ~'initial term"). RENT: Lessee covenants to pay Lessor the sum of four hundred sixty seven thousand four hundred Dollars (,~t67,400.00) as rent for the initial term which amount shall be paid in installments of thirty eight thousand nine hundred fifty Dollars ($ 38,950.00) due and payable in arrears at the end of each quarter (month/quarter). Rent shall be made payable to Chief of Billin.q and Collections and mailed to 215 Church Avenue, SW, Room 252, Roanoke, VA 24011, or to such other party and such other place as Lessor may from time to time designate in writing as provided herein. PURPOSE AND USE OF DEMISED PREMISES: The demised premises are leased to be used and occupied by the Vir,qinia Department of Health, a department, agency or institution of the Commonwealth of Virginia (the "leasing agency"), and its agents and employees, for such purposes and uses as it may now or hereafter be empowered by law to use same. ACCESSIBILITY BY THE HANDICAPPED: Prior to commencement of the initial term and delivery of possession, Lessor shall certify to Lessee in writing that the demised premises complies wi{h minimum requirements of the Americans with Disabilities Act of 1990 (the 'ADA"). In the event the demised premises is not required to comply with the ADA, Lessor shall certify to Lessee in writing that the demised premises complies with minimum requirements of the Virginia Uniform Statewide Building Code pertaining to access by disabled persons. As hereinafter used, the term "the standards' shall mean and incorporate those standards approved by the United States Department of Justice for meeting the minimum requirements of the Americans with Disabilities Act of 1990 or, if applicable, those standards issued or promulgated by the American National Standards Institute, entitled "American National Standard Specifications for Making Buildings and Facilities Accessible to and Usable by Physically Handicapped People" ANSI-All7.1-1980, and the term "accessible" shall mean accessible to disabled individuals in accordance with the ADA. The minimum Virginia Uniform Statewide Building Code requirements are: (1) · If public or private parking is provided, at least one accessible parking space shall be provided as close as possible to an accessible route to the primary building entrance. 2GS/DEB L!-A REViSE5 iI/i/~3 (2) Walks used as accessible routes to the building shall comply with the standards. (3) An accessible primary entrance to the building shall be at grade or ramped to grade in accordance with the standards. (4) An accessible entrance to the building shall comply with the standards. (5) At least one accessible route (corridors and doors) to the demised premises shall comply with the standards. (6) If support areas within the building (e.g., lunch rooms, cafeteria, etc.) are used by Lessee, its employees or the public, such areas shall be accessible. (7) If Lessee occupies floors other than the main floor of access to the building, at least one accessible elevator shall be provided. (8) Accessible public rest rooms for each sex shall be provided, preferably on all floors. As a minimum, accessible rest rooms shall be provided on the ground floor or the floor occupied by Lessee if the building is four stories or less in height. If Lessee occupies an area above the fourth floor, accessible public rest rooms for each sex shall be provided on the floor occupied by Lessee. If Lessee occupies more than one floor, at least one accessible public rest room for each sex shall be provided on at least every fourth floor occupied by Lessee. (9) All corridors, doors and spaces in or about the demised premises and used by the public or employees of Lessee shall be accessible. (lO) Directional signs complying with the standards shall be provided directing the public to the demised premises occupied by Lessee. (11) Where the foregoing standards for accessibility by the disabled conflict with or are superseded by state, federal or local laws, ordinances, rules, or regulations setting forth standards for access by the disabled, the more favorable standards for accessibility by the disabled shall govern. DELIVERY OF POSSESSION: (A) Lessor covenants to deliver quiet possession of the demised premises at the commencement of the initial term. (s) Lessor covenants to deliver the demised premises to Lessee at the commencement of the initial term in'good repair and condition, suitable to the purpose and use for which the demised premises are leased. Lessor warrants that all plumbing, heating, air conditioning, electrical and mechanical devices and appliances of every kind or nature located upon or serving the demised premises shall be in good repair, condition and working order as of the commencement of the initial term. (c) Lessor covenants that the demised premises and the building of which the demised premises forms a part have been inspected by an Asbestos Inspector licensed by the Virginia Department of Professional and Occupational Regulation and the building is free of friable asbestos that is not managed under a management plan prepared by an Asbestos Management Planner licensed by the Virginia Department of Professional and Occupational Regulation. MAINTENANCE: (A) Lessor covenants to keep, repair and maintain, at Lessor's expense, the demised premises and all plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment DGS/DEB L!-A REVIS£D ~11i/93 of every kind or nature affixed to or serving the demised premises in good repair, condition and working order, suitable to the purpose and use for which Lessee has leased same, during the initial term and any renewal terms and, if necessary, shall make such alterations, additions and/or modifications of the demised premises and all equipment, electrical and mechanical devices and appliances thereon or serving same so as to comply at all times with all applicable federal, State and local laws, ordinances, rules and regulations pertaining to health, safety, fire and public welfare. As used herein, the word "repair" shall be deemed to mean and include replacement of broken or cracked glass. (s) If Lessor fails to keep, repair and maintain the demised premises and all plumbing, heating, air conditioning, electrical and mechanical devices, appliances and equipment of every kind or nature affixed to or serving the demised premises in good repair, condition and working order as provided in sub-paragraph 6(A), then Lessee, at its option, may either (a) immediately terminate this Lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such upkeep, repair and/or maintenance, at Lessor's expense, so as to render the demised premises suitable for the purpose and use for which same are leased, in which event, Lessee may deduct the cost of same from future rent installments as they become due and/or may collect such cost from Lessor in any manner provided by law. (c) (D) Lessor covenants to keep and maintain the demised premises and the building of which the demised premises forms a part free of friable asbestos and any other adverse environmental condition which is deemed hazardous to the health or safety of persons entering the building. Lessee covenants that it will not use the demised premises in any manner which would, directly or indiracfly, result in an environmental condition which is deemed hazardous to the health or safety of persons entering the building. UTILITIES: Lessor shall provide, at Lessor's expense, trash disposal to and for the demised premises during the initial term and any renewal terms. In the event that any one or more such utilities are not provided or are reduced, other than due to causes beyond the reasonable control of Lessor, and the failure to provide or reduction of same renders the demised premises unsuitable for the purpose and use for which demised premises are leased, then Lessee, in addition to any other remedy available at law or equity, shall be entitled to deduct from the total rent, or any installment thereof, the per diem rental for each day that the demised premises are rendered unsuitable due to the failure to provide or reduction of such utilities. Lessee covenants and agrees to provide and bear expense of gas, electricity, sewage disposal and water for said premises. ALTERATIONS BY LESSEE: Lessee may make such alterations, modifications, additions and/or improvements upon or to the demised premises and may install or remove such fixtures and partitions as Lessee may deem proper; provided, however, that any structural alterations of the roof, foundation or exterior walls shall require the prior written consent of Lessor. All materials used in such alterations, modifications, additions or improvements, and all fixtures and partitions made and/or installed by Lessee shall remain the property of Lessee and, upon termination of this Lease, may, at Lessee's option, be removed. DAMAGE OR DESTRUCTION OF DEMISED PREMISES: (A) If the demised premises are damaged by fire or other casualty so as to render same, in the opinion · of Lessee, untenantable for the purpose or use for which Lessee has leased same, this Lease, and all obligations hereunder, shall immediately terminate upon Lessee's giving notice of that fact to Lessor by certified or registered mail, return receipt requested, as hereinafter provided. DGS/DEB LI-A REVISED 11/1/93 10. 11. (S) If the demised premises are damaged by fire or other casualty, but not so as to render same untenantable, in the opinion of Lessee, for the purpose or use for which Lessee has leased the demised premises, upon being so notified by Lessee by certified or registered mail, return receipt requested, Lessor shall repair and restore within a reasonable time, at Lessor's expense, the demised premises to its former condition. In this event, the rent shall be adjusted on a pro rata basis for the period of such repair and restoration for that portion of the demised premises rendered untenantable for Lessee by the fire or other casualty. As used herein, the words "repair" and "restore" shall be deemed to mean and include replacement of broken, cracked or damaged glass or windows. (c) If Lessor fails to make or fails to complete repair and restoration of the demised premises within a reasonable time after Lessee provides notice pursuant to sub-paragraph 9(B), then Lessee, at its option, may either (a) immediately terminate this Lease and all obligations hereunder, or (b) proceed to make, or cause to be made, such repair and restoration, at Lessor's expense, in which event, Lessee may deduct the cost of same from future rent installments as they become due and/or may collect such cost from Lessor in any manner provided by Law. TERMINATION: (A) This Lease may be terminated by either party only upon written notice to the other party by certified or registered mail, return receipt requested, at least three (3) months prior to the expiration of the initial term. In addition, Lessee, at its option, may terminate this Lease at any time upon at least three (3) months written notice to Lessor by certified or registered mail, return receipt requested. (s) Agencies of the Commonwealth of Virginia cannot expend funds unless appropriated by the Virginia General Assembly and may not obligate a future session of the Virginia General Assembly. Therefore, notwithstanding any provision in this Lease to the contrary, if any session of the Virginia General Assembly fails to appropriate funds for the continuance of this Lease or the federal government fails to appropriate or allocate sufficient funds for the purpose of continuation of this Lease, the Lease and all obligations hereunder shall automatically terminate upon depletion of the then currently appropriated or allocated funds. (c) Notwithstanding any provision in this Lease to the contrary, if, by operation of law, the leasing agency designated in paragraph 3 shall cease to exist or its powers and authority are limited so as not to permit the continued use of the demised premises for the purpose and use for which same is leased, then this Lease and all obligations of Lessee hereunder shall terminate. NOTICE: o (A) Any and all notices affecting this Lease may be served by the parties hereto, or by their duly authorized agents, as effectively as if same were served by any officer authorized by law to serve such notices. The retum of such party, or its duly authorized agent, showing the time, place and manner of service of such notice shall have the same force and effect in any legal proceedings based thereon as a return of service by any officer authorized by law to serve such notice. (S) All notices required by law to be served upon, and all notices permitted by this Lease to be mailed to a party to this Lease shall be served upon or mailed to, as the case may be, the following agents for each party who are hereby appointed and designated as such for the purpose of receiving all such notices: '(1) Lessor's agent shall be Chief of Billin.qs and Collections whose address is: 215 Church Avenue, SW, Room 252 Roanoke, Virginia 24011-1529 DGS/D£B LI-A REVISED 11/1~93 13. 14. 15. (2) Lessee's agent shall be District Health Director ,whose address is: 515 Eiqhth Street SW, Roanoke VA 24016 Each party shall immediately notify the other party, in writing, of any change of agents, and no change of agents shall be effective until such notice is given. (c) Where under the terms of this Lease a notice is required or permitted to be mailed by certified or registered mail, return receipt requested, and such notice is not mailed in such manner, the notice shall be effective if actually received by the party, or its appointed agent, to whom the notice is directed. BINDING UPON SUCCESSORS: (A) (B) This Lease shall be binding upon the parties hereto and their successors in interests, including but not limited to heirs, assigns, purchasers at lien, deed of trust, or mortgage foreclosure. In the event of foreclosure of the Deed of Trust prior to the expiration of this Lease according to its terms, including any extensions and renewals thereof, Lender or any other successor in interest of the Lessor shall take title to the demised premises subject to the terms, covenants, agreements and conditions of this Lease, and Lessee's quiet and peaceful possession and enjoyment of the demised premises Shall not be disturbed. ENTIRE AGREEMENT: This written Deed of Lease constitutes the entire, full and complete understanding and agreement of the parties, and all representations, conditions, statements, warranties, covenants, promises or agreements previously made or given by either party to the other are hereby expressly merged into this written Deed of Lease and shall be null, void and without legal effect. MODIFICATION: This Deed of Lease shall not be modified, altered or amended except by written agreement executed by the parties hereto with the same formality as this agreement. 16. 17. PARAGRAPH HEADINGS: Headings to the paragraphs are mere ~atchwords and are illustrative only; they do not form a part of this Lease nor ara they intended to be used in construing same. ADDITIONAL PROVISIONS: This Lease is subject to the terms, conditions, modifications, additions and/or deletions provided in the following designated attachments which are incorporated herein by reference: NONE 18. EXECUTION: This Deed of Lease shall not be effective or binding unless and until signed by both parties and, where required by law, approved by the Governor of Virginia pursuant to §2.1-504.2 of the Code of Virginia ( 1950 ), as amended. DGS/ DEB L!-A REVISED 11/1/93 In WITNESS WHEREOF, the parties have affixed their signatures and seals. LESSOR: City of Roanoke By: (Signature) Its: City Manaqer (Title) Approved as to form: and Execution: LESSEE: COMMONWEALTH OF VIRGINIA, (Department, Institution, Agency or Board) By: (Signature) (Title) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE, to-wit: The foregoing Deed of Lease was acknowledged before me by ~ day of ,2001, in the jurisdiction aforesaid. My commission expires: Notary Public on the COMMONWEALTH OF VIRGINIA CITY/COUNTY OF , to-wit: The foregoing Deed of Lease was acknowledged before me by ~ day of ,2001, in the jurisdiction aforesaid. My commission expires: Notary Public on the DGS/DEB L1-A REVISED 11/1/93 RECOMMEND APPROVAL: DIVISION OF ENGINEERING AND BUILDINGS RECOMMEND APPROVAL: DEPARTMENT OF GENERAL SERVICES By: By: Director Director APPROVED BY THE GOVERNOR Pursuant to §2.1-504.2 of the Code of Virginia (1950), as amended, and by the authority delegated to me under Executive Order 31 (94), dated October 25, 1994, I hereby approve the acquisition of the demised premises pursuant to this Deed of Lease and the execution of this instrument for and on behalf of the Governor of Virginia. Secretary of Administration (Date) ATTACHMENT 2 CO t/dO 'tt L TH OF ViR61,/VlA Alleghany Health District Roanoke City Health Distn'ct March 30. 2001 Reply to: 515 Eighth Street. SW Roanoke. VA 24016 Phone: (540) 857-7600 Ex-t 774 FAX: (540} 857-6987 Glenn Radcliffe, Director Human Services City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Glenn: This is to confirm om' convc-'ts~on concerning our lease with the City. It is our inlmt to vacate the buildings at 515 and 530 Eighth SUeet, SW upon the completion of renovations at a facih'ty ol~ained in response to the RFP issuedin Octotmr, 2000. We undema~th~ the target date for oc, cupancy m~~i.~ Suly 1, 2002. We wouldthen propose toentetintoa twenty yearlease for ~um~ for your $UlRX~t of tl~ Ro~mo~ City Health Dqmrtm~. The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01664347 Health Dept. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this /~7~ day of May 2.0Q1. Witness my hand and official seal.~~___~__~'' ....... Notary Public My commission expires /~'3/~7~ PUBLISHED ON: 05/13 TOTAL COST: 112.32 FILED ON: 05/17/01 ~ $.W. (OM(~ T~x Nos. Conlmonwelllth Of VIl~lnla, of ~XS.2-~OO(B) end ~8~3, Code c~ Vlrd./ (~.OSO), ,s amend~l, notice I~ hereby (~)mmef~ at 7:(X) p.m., In Noel C. T~to~ Mudded B.id- A~ue~ S.W., Roanoke, Vk-\ Signat~re:~"-: __~~__~__ '/~/J, ~U/~__~-j.~_~ , Billing Services Representative NOTICE OF PUBLIC HEARING The City of Roanoke proposes to lease City-owned property located at 515 and 530 Eighth Street, S.W. (Official Tax Nos. 1113111 and 1113210) to the Commonwealth of Virginia, Department of Health, for a period of 3 years. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on May 21,2001, commencing at 7:00 p.m., in the Council Chambers of the Noel C. Taylor Municipal Building, located at 215 Church Avenue, S.W., Roanoke, Virginia 24011. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this hearing, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, May 17, 2001. GIVEN under my hand this 24 day of /~pr±l ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, May 13, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~NOTICE-WRC-CC\NL-ComVa-Health Dept - PH-05-21-01 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk~ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk May 29, 2001 File #107 Gary Williams Senior Vice President First Citizens Bank P. O. Box 27131 Raleigh, North Carolina 27611-7131 Dear Mr. Williams: I am enclosing copy of Ordinance No. 35371-052101, granting a revocable license to permit the construction and encroachment of an overhead projection sign extending at least eleven feet above the sidewalk and approximately eighteen inches into the public right-of-way adjacent to the property located at 110 Church Avenue, S. W., bearing Official Tax No. 1012211, upon certain terms and conditions. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, May 21,2001, and will be in full force and effect ten days following the date of its adoption. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: Lisa McMillan, Burton Electric Sgns, 1904 W. Pine Street, Mount Airy, North Carolina 27030 Darlene L. Burcham, City Manager Gary Williams May 29, 2001 Page 2 pcz James D. Grisso, Director of Finance William M. Hackworth, City Attorney Philip C. Shirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Glenn Asher, Risk Management IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2001. No. 35371-052101. AN ORDINANCE granting a revocable license to permit the construction and encroachment of an overhead projection sign extending at least eleven (11) feet above the sidewalk and approximately eighteen (18) inches into the public right-of-way adjacent to the property located at 110 Church Avenue, S.W., and bearing Official Tax No. 1012211, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public heating was held on May 21,2001, pursuant to § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which heating all parties in interest and citizens were afforded an oppommity to be heard on said conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Permission is hereby granted the current owner, First Citizens Bank ("Licensee") and its grantees, assignees, or successors in interest, of the property bearing Official Tax No. 1012211, otherwise known as 110 Church Avenue, S.W., within the City of Roanoke, to permit the construction and encroachment of an overhead projection sign extending at least eleven (11) feet above the sidewalk and approximately eighteen (18) inches into the public right-of-way adjacent to the property located at 110 Church Avenue, S.W., as more fully described in a letter to City Council dated May 7, 2001. 2. Said license, granted pursuant to §15.2-2010, Code of Virginia (1950), as amended, shall be revocable at 'the pleasure of the Council of the City of Roanoke and subject to all the limitations contained in the aforesaid § 15.2-2010. 3. It shall be agreed by the Licensee that, in maintaining such encroachment, the Licensee and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless th~ City of Roanoke, its officials, officers and employees from all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment in the public right-of-way. 4. Licensee, its grantors, assigns or successor in interest shall for the duration of this license maintain on file with the City Clerk's Office evidence of insurance coverage in the amounts not less than $300,000.00. This insurance requirement may be met by either homeowner's insurance or commercial general liability insurance. Certificate of insurance must list the City of Roanoke, its officers, employees, agents and volunteers as additional insureds, and an endorsement by the insurance company naming the City as an additional insured must be received within thirty (30) days. Certificate shall state that insurance may not be canceled or materially altered without 30 days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Mr. Gary Williams, Senior Vice President, First Citizens Bank, P.O. Box 27131, Raleigh, North Carolina 27611-7131. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the appropriate officers of First Citizens Bank, has been admitted to record, at the cost of the Licensee, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 2 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. ACCEPTED and EXECUTED by the undersigned this __ day of FIRST CITIZENS BANK By: Title: STATE OF § § To-Wit: CITY/COUNTY OF § The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this ~ day of ., , by , the of First Citizens Bank, on behalf of the bank. My Commission expires: [ SEAL ] Notary Public H:\ORD-GEN~OEnc-First Citiames (sign) (PH 5-21-01) REVISED A.8o Office of the City Manager May 21, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice-Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Re: Encroachment into Public Right-of-Way Proposed sign at 110 Church Avenue, S. W. Official Tax No. 10102211 Dear Mayor Smith and Members of Council: The attached communication was considered by City Council at its regular meeting on May 7, 2001. At its meeting, Council authorized the advertisement of a public hearing with regard to the proposed encroachment to be held on May 21, 2001, at 7:00 p.m. An ordinance is transmitted for Council's consideration, the adoption of which will grant the proposed encroachment. Sincerely, Darlene L. Burcha~rf City Manager DLB/f Attachment c: Mary F. Parker, City Clerk James D. Grisso, Director of Finance William M. Hackworth, City Attorney Sarah E. Fitton, Engineering Coordinator Room 364 H:\l-hmenc.dlb Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 CityWeb:www. ci .roanoke.va .us (540) 853-2333 FAX (540) 853-1138 Office of the City Manager May 7, 2001 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Jr., Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Encroachment into Public Right-of-Way - Proposed Sign at 110 Church Avenue, SW - Tax No. 1012211 Burton Electric Signs, on behalf of First Citizens Bank, has requested permission to install a projection sign on the building at 110 Church Avenue, SW, which would encroach into the public right-of-way. See Attachment #1. The proposed sign would encroach approximately eighteen (18) inches into the right-of- way of Church Avenue, and have eleven (11) feet of clearance above the sidewalk. See Attachment #2 for sketch of sign. The right-of-way of Church Avenue at this location is approximately fifty (50) feet in width. Liability insurance and indemnification of City by the property owner shall be provided by the property owner as specified in the attached exhibit. See Attachment #3. Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci. roanoke.va.us Honorable Mayor and Members of Council May 7, 2001 Page 2 Recommended Action(s): Authorize the City Manager to advertise a public hearing, and Following a public hearing, authorize the.City Manager to execute the appropriate document granting a revocable license to the property owners at 110 Church Avenue, SW, to allow the installation of a sign encroaching approximately eighteen inches into the right-of-way of Church Avenue, SW. Respectfully submitted, City Manager Attachments C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Lisa McMillan, Burton Electric Signs CM01-0068 Honorable Mayor and Members of Council May 7, 2001 Page 3 ATTACHMENT 1 P O. BOX 1206, 1904 W. PINE STREET · MOUNT AIRY. NORTH CAROLINA 27030 - 336/789.0090 · FAX 336/789*4256 · wburton{~surry, net API~L 2, 2001 CITY OF ROANOKE ENGZNEERING DEPT. ROANOKE, VA ATTN: SARAH FITrON RE: FIRST CIq'IZENS BANK AT 110 CHURCH AVE., ROANOKE, VA ,SARAH, PLEASE CONSIDER THE FOLLOWING PROJECTION SIGN FOR FIRST CITIZENS BANK AT THE ABOVE LOCATION. AS THE APPLICATION REFLECTS, THE SIGN WILL HAVE AN 11' CLEARANCE OVER THE SIDEWALK. SHOULD YOU HAVE ADDITIONAL QUESTIONS IN ORDER TO PROCESS OUR REQUEST, PLEASE CALL ME AT (800) 476-9333. THANK YOU FOR YOUR TIME AND CONSIDERATION! SINCERELY, The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01669505 110 church encroach. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this--- ~/~7~ day of May 2001. Witness my hand and official s eal._~~___~~~ / ' ~ ........ Notary Public My commission expires /~ -3/~ PUBLISHED ON: 05/13 TOTAL COST: 126.36 FILED ON: 05/17/01 NOTICE OF PUBLIC HEARING The City of Roanoke proposes to allow the encroachment of an overhead projection sign extending at least eleven (11) feet above the sidewalk and approximately eighteen (18) inches into the public tight-of-way adjacent to property located at 110 Church Avenue, S.W., and beating Official Tax No. 1012211. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public heating on the above matter at its regular meeting to be held on May 21, 2001, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. If you are a person with a disability who needs accommodations for this heating, please contact the City Clerk's Office (853-2541), before 12:00 noon on Thursday, May 17, 2001. GIVEN under my hand this 9e_h day of ~y ,2001. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, May 13, 2001. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:LNOTICE-WRC-CC\NS-First Citizens (sign) (PH 5-21-01)