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Council Actions 04-16-01
CARDER 35272 ROANOKE CITY CO UNCIL REGULAR SESSION APRIL 16, 2001 2:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call: All Present. (Mr. White arrived late.) The Invocation was delivered by The Reverend Carl T. Tinsley, Pastor, First Baptist Church of Buena Vista. 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, April 19, 2001, at 7:00 p.m., and Saturday, April 21, 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 I~ON, 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. o 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. 2 C-1 Minutes of the regular meeting of Roanoke City Council held on Monday, April 2, 2001. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 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 Concur in request to Meeting. convene in Closed C-3 A communication from the City Manager requesting a Closed Meeting to discuss a matter with regard to expansion of an existing business where no previous announcement of the interest of the business in expanding its facilities in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. RECOMMENDED ACTION: File # 104-132 Concur in request to convene in Closed Meeting. C-4 A communication from the City Manager requesting a Closed Meeting to discuss acquisition of real property for 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 #2-132 Concur in request to convene in Closed Meeting. C-5 A communication from the City Manager recommending that a public hearing be advertised and, with regard to execution of a new lease with the State Department of Health for properties located at 515 and 530 Eighth Street, S. W., for a term of three years. RECOMMENDED ACTION: File #22-373-166 Concur in request to advertise a public hearing. 3 C-6 A report from the Director of Finance with regard to collection of delinquent taxes. RECOMMENDED ACTION: Receive and file. File #1-140 C-7 A report from the Director of Finance with regard to payment of arbitrage rebate liability in connection with issuance of the City's 1996 General Obligation Bonds. RECOMMENDED ACTION: Receive and file. File #1-53 C-8 A communication from Catherine Fox tendering her resignation as a member of the Special Events Committee, effective immediately. RECOMMENDED ACTION: File #110-317 Receive and file communication and accept the resignation with regret. C-9 A communication from Matt Kennell tendering his reSignation as a member of the Roanoke Arts Committee, effective immediately. RECOMMENDED ACTION: File #110-230 Receive and file communication and accept the resignation with regret. C-10 Qualification of the following persons: S. Wayne Campbell as a member of the City Planning Commission for a term ending December 31, 2004; File #15-110-200 Carolyn M. Bumbry, James W. Burks, Jr., and H. Victor Gilchrist as Commissioners of the Roanoke Redevelopment and Housing Authority for terms ending August 31, 2004; and File #15-110-178 4 Robert Humphreys as a member of the Roanoke Arts Commission to fill the unexpired term of Ann D. Masters, resigned, ending June 30, 2001. File #15-110-230 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA e HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Request to address Council with regard to the need for safety shields in taxicabs. C. R. Sisson, Liberty Cab Company, Spokesperson. Received and filed. File #47 4. PETITIONS AND COMMUNICATIONS: ao Briefing with regard to billing of 2001 personal property tax and tax relief. The Honorable David C. Anderson, City Treasurer. Received and filed. File #34-79 bo A communication from John R. Hubbard, Chief ExecUtive Officer, Roanoke Valley Resource Authority, transmitting the Resource Authority's Annual Budget for Fiscal Year 2001-02, totaling $8,323,525.00. Adopted Resolution No. 35272-041601 (6-0) File #60-253 ** (Council Member White entered the meeting.) REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: 5 Presentation of the City of Roanoke Fiscal Year 2001-02 Recommended General Fund Budget and HUD Budget. Received and filed and referred to 2001-02 Budget Study. File #60 ITEMS RECOMMENDED FOR ACTION: A communication recommending amendment to certain sections of the Code of the City of Roanoke (1979), as amended, in connection with the Carvins Cove Natural Reserve. Adopted Ordinance No. 35273-041601 (7-0) File #24-468 A communication recommending amendment of Section 24-97, Possession or consumption of alcoholic beverages, Article IV, Parks, Chapter 24, Public Buildings and Property;_ and amendment of the Fee Compendium to reflect a fee of $50.00 for an alcohol permit and a refundable damage/clean-up deposit in the amount of $500.00 for possession or consumption of alcoholic beverages in certain locations in the City. Adopted Ordinance No. 35274-041601 (5-2, Council Members Harris and Hudson voting no.) File #24-76-166-289 A communication recommending amendment of Section 7-2, Code of the City of Roanoke (1979), as amended, to authorize removal, repair or securement of unsafe structures, as authorized by Section 15.2-906, Code of Virginia (1950), as amended. Adopted Ordinance No. 35275-041601 (7-0) File #24-32 A communication recommending acceptance of a bid submitted by Cunningham Associates, Inc., in the amount of $636,515.20, for playground equipment and surfacing for 19 City parks. Adopted Resolution No. 35276-041601 (7-0) File #67 o A communication recommending acceptance of a bid submitted by Clean Sweep of the Roanoke Valley, Inc., in the amount of $65,425.00, for restroom cleaning services in City parks. The matter was tabled pending additional information from the City Manager with regard to background checks on persons engaged in providing the service, frequency of cleaning restrooms and supervision of personnel. (See additional action on page 14.) o A communication recommending acceptance of a bid submitted by Kane's Communication Systems, Inc., for portable radios and accessories for use by the City Sheriff's Office and Jail, in the amount of $165,701.11. Adopted Resolution No. 35277-041601 (7-0) File #121-472 o A communication recommending rejection of all bids received by the City for long distance network services; and authorization to execute agreements with the Department of Information Technology, a state agency, to use the COVANET service at rates not to exceed current rates, plus five per cent. Adopted Resolution Nos. 35278-041601 and 35279-041601 (7-0) File #262-383 A communication recommending appropriation of $97,200.00 from the Capital Maintenance and Equipment Replacement Program for equipment purchases, maintenance and other one- time priority purchases. Adopted Ordinance No. 35280-041601 (7-0) File #60-217-472 7 b. CITY ATTORNEY: A report transmitting measures authorizing amendments to certain sections of the Code of the City of Roanoke (1979), as amended, in connection with restructuring of the City's authorities, boards, commissions, and committees. Adopted Ordinance Nos. 35281-041601, 35282-041601, 35283-041601, and Resolution No. 35384-041601 (7-0) File #24-110-467-468 ® 2. A report with regard to acquisition of property for the Railside Linear Park Project. Withdrawn by the City Attorney. REPORTS OF COMMITTEES: ao A report of the Bid Committee recommending acceptance of the bid of Lanford Brothers Co., Inc., for repairs to four City bridges, in the amount of $151,526.24, 60 consecutive calendar days of contract time; and transfer of funds in connection therewith. Council Member W. Alvin Hudson, Jr., Chair. Adopted Budget Ordinance No. 35295-041601 (7-0) and Resolution No. 35285-041601 (7-0) File #60-102 bo A report of the Bid Committee recommending acceptance of the bid of Breakell, Inc., for ballfield improvements at Wasena Park - Field 2 and Fallon Park, in the amount of$135,187.00 and 50 consecutive calendar days of contract time. Council Member W. Alvin Hudson, Jr., Chair. Adopted Resolution No. 35286-041601 (7-0) File #67 7. UNFINISHED BUSINESS: NONE. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: 8 A resolution confirming the City Manager's appointment ofRolanda A. Johnson as Assistant City Manager. Adopted Resolution No. 35287-041601 (7-0) File #104-184 A Resolution changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 7, 2001. Adopted Resolution No. 35288-041601 (7-0) File #132-304 9. MOTIONS AND MISCELLANEOUS BUSINESS: 10. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Bestpitch called attention to a request to be submitted by Mill Mountain Zoo, Inc., for Capital Maintenance and Equipment Replacement Program funds for zoo upgrades and asked that the matter be included in discussions regarding CMERP funding later in the year. 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. Mr. George Trent, 3622 Troutland Avenue, N. E., expressed concern with regard to his water service which was disconnected due to non-payment. File #66-468 CERTIFICATION OF CLOSED SESSION. (6-0 Mr. White was absent.) The following persons were appointed/reappointed to boards and commissions: Frank Feather, Bryan Grimes Creasy, Nancy Canova, and Brenda Powell - Fair Housing Board File #110-178 James P. Armstrong - Roanoke Neighborhood Partnership Steering Committee File #15-110-488 Council Member William Carder - Council liaison to the Special Events Committee File #110-132-317 AT 5:50 P.M., 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 APRIL 16, 2001 7:00P. M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mr. White was absent. The invocation as delivered by Council Member Harris. The Pledge of Allegiance to the Flag of the United States of America was led by Boy Scouts of America Troop #17, St. John's Episcopal Church. 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, April 19, 2001, at 7:00 p.m., and Saturday, April 21, 2001, at 4:00 p.m. A. PUBLIC HEARINGS: Public hearing to receive the views of citizens regarding appointment of two Trustees to the Roanoke City School Board for three year terms of office commencing July 1,2001 and ending June 30,2004. Candidates are: Gary M. Bowman, Melvin W. Garrett, Melinda J. Payne, William E. Skeen, and Ruth C. Willson. Remarks of all speakers were received and filed. File #467 Public hearing on a proposed amendment to Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, to add a new subsection (9) to Section 36.1-250, Special exception uses, and new subsections (10) and (11), of Division 4, Industrial Districts, of Article III, District Regulations, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing District. Edward A. Natt, Attorney. Adopted Ordinance No. 35289-041601 (6-0) File #24-51 o Public hearing on the request of the Roanoke Valley SPCA and Sandra L. Overstreet that a certain undeveloped portion of Edmund Avenue, N. E., lying adjacent to Official Tax Nos. 3210616-3210620, inclusive, and the undeveloped portion of an alley lying adjacent to Official Tax Nos. 3210701-3210708, inclusive, being parallel to and between Edmund Avenue and Baldwin Avenue, be vacated, discontinued and closed. W. Eric Branscom, Attorney. Adopted Ordinance No. 35290-041601 (6-0) File #514 Public hearing on the request of the Commonwealth Development Group of Roanoke, LLC, that five contiguous tracts of land at or near the southeastern side of Highland Farm Road and the southeasterly terminus of Tuckawana Circle, be rezoned from RM-2, Residential 12 Multi-Family District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. Donald L. Wetherington, Attorney. Adopted Ordinance No. 35291-041601 (6-0) File #51 Public hearing on the request of the City of Roanoke that a portion of Albemarle Avenue, S. E., extending in a westerly direction from Williamson Road, be permanently vacated, discontinued and closed. Darlene L. Burcham, City Manager. Adopted Ordinance No. 35292-041601 (6-0) File #514 o Public hearing on a proposed resolution authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City (and in anticipation of issuance thereof general obligation public improvement bond anticipation notes of the City), in the principal amount of $12,000.000.00, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment Project. Darlene L. Burcham, City Manager, and James D. Grisso, Director of Finance, Spokespersons. Adopted Resolution No. 35293-041601 (6-0) File #53-178-540 Be 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. 13 Request to address Council with regard to Wiley Drive through Smith Park. E. Duane Howard, Spokesperson. Fourteen persons spoke in support of closing Wiley Drive to vehicular traffic on weekends. File #67 Mr. Robert Gravely, 1412 Moorman Road, N. W., complained about the $12 million bond proceeds provided to the Roanoke Redevelopment and Housing Authority in connection with the South Jefferson Redevelopment Project, and low wages for the City work force. File # 53-66-178-184-540 Mr. Chris Craft, 1508 East Gate Avenue, N. E., apologized for a previous statement he made regarding Victory Stadium, which statement was presented in the absence of all of the facts. File #122 Adopted Resolution No. 35294-041601 accepting the bid of Clean Sweep of Roanoke Valley, Inc., for the provision of restroom cleaning services in City parks, upon certain terms and conditions, and rejecting all other bids received. (7-0) THE MEETING OF ROANOKE CITY COUNCIL WAS DECLARED IN RECESS UNTIL THURSDAY, APRIL 19, 2001, AT 4:00 P.M., IN THE CITY COUNCIL CHAMBER, AT WHICH TIME COUNCIL WILL INTERVIEW FIVE PERSONS SEEKING APPOINTMENT TO THE ROANOKE CITY SCHOOL BOARD FOR THREE YEAR TERMS OF OFFICE COMMENCING JULY 1, 2001 AND ENDING JUNE 30, 2004 14 REGULAR WEEKLY SESSION ..... ROANOKE CITY COUNCIL April 2, 2001 12:15 p.m. The Council of the City of Roanoke met in regular session on Monday, April 2, 2001, at 12:15 p.m., the regular meeting hour, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, Virginia, with Mayor Ralph K. Smith presiding, pursuant to Chapter2, Administration, Article II, City Council, Section 2-15, Rules of Procedure, Rule 1, Regular Meetings, Code of the City of Roanoke (1979), as amended. PRESENT: Council Members William D. Bestpitch, William H. Carder, W. Alvin Hudson, Jr., Linda F. Wyatt and Mayor Ralph K. Smith ....................................... 5. ABSENT: Council Members C. Nelson Harris and William White, Sr.- ......... -2. (Entered the meeting during the first closed session.) OFFICERS PRESENT: Darlene L. Burcham, City Manager; and Mary F. Parker, City Clerk. CITY ATTORNEY-COUNCIL: A report of the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel on a matter of pending litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, was before the body. (For full text, see report on file in the City Clerk's Office.) ACTION: Mr. Carder moved that Council concur in the request of the City Attorney to convene in a Closed Meeting to consult with legal counsel on a matter of pending litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor Smith ............................................................................................................ 5. NAYS: None ......................................................................................... 0. (Council Members Harris and White were absent.) PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for 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, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to acquisition of real property for 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. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor Smith ............................................................................................................ 5. NAYS: None ......................................................................................... 0. (Council Members Harris and White were absent.) PURCHASE/SALE OF PROPERTY-COUNCIL: A communication from the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to disposition of publicly held property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Carder moved that Council concur in the request of the City Manager to convene in a Closed Meeting to discuss a matter with regard to disposition of publicly held property, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor Smith ............................................................................................................ 5. NAYS: None ......................................................................................... 0. (Council Members Harris and White were absent.) 2 COMMITTEES-COUNCIL: A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(I), Code of Virginia (1950), as amended, was before the body. (For full text, see communication on file in the City Clerk's Office.) ACTION: Mr. Carder moved that Council concur in the request of the Mayor to convene in a Closed Meeting to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by the Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Hudson, Wyatt, and Mayor Smith ............................................................................................................ 5. NAYS: None ......................................................................................... 0. (Council Members Harris and White were absent.) At 12:20 p.m., the Mayor declared the meeting in recess for four closed sessions and with the understanding that the Council meeting would reconvene at 2:00 p.m., in the City Council Chamber. At 2:00 p.m., on Monday, April 2, 2001, the regular meeting of City Council reconvened in the Roanoke City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, with the following Council Members in attendance, Mayor Smith presiding. PRESENT: Council Members William D. Bestpitch, William H. Carder, C. Nelson Harris, W. Alvin Hudson, Jr., William White, Sr., Linda F. Wyatt, and Mayor Ralph K. Smith ............................................................................................... 7. ABSENT: None ..................................................................................... -0. OFFICERS PRESENT: Darlene L. Burcham, City Manager; William M. Hackworth, City Attorney; James D. Grisso, Director of Finance; and Mary F. Parker, City Clerk. The reconvened meeting was opened with a prayer by Council Member C. Nelson Harris. 3 The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Smith. PRESENTATIONS PROCLAMATIONS-ACTS OF ACKNOWLEDGEMENT- COMMUNICATIONS DEPARTMENT: The Mayor presented a proclamation declaring the week of April 8 - 14, as National Telecommunicator's Week in the City of Roanoke. Mr. Carder offered the following resolution: (#35256-040201) A RESOLUTION recognizing Melissa L. Williams as Roanoke Public Safety Telecommunicator of the Year 2001 in the City's E-911 Communications Center. (For full text of Resolution, see Resolution Book No. 63.) ACTION: Mr. Carder moved the adoption of Resolution No. 35256-040201. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ....................................................................... -0. The Mayor presented Ms. Williams with a ceremonial copy of the abovereferenced resolution and a plaque recognizing her as Roanoke Public Safety Telecommunicator of the year 2001. PROCLAMATIONS-HOUSING/AUTHORITY: The Mayor presented a proclamation declaring the month of April, 2001, as Fair Housing Month in the City of Roanoke. CONSENT AGENDA The Mayor advised that all matters listed under the Consent Agenda were considered to be routine by the Members of Council and would be enacted by one motion in the form, or forms, listed on the Consent Agenda, and if discussion was desired, that item would be removed from the Consent Agenda and considered separately. 4 ACTION: ACTION: MINUTES: Minutes of the regular meeting of Council held on Monday, March 19, 2001, and the reconvened meeting on Monday, March 26, 2001, were before the body. (For full text, see Minutes on file in the City Clerk's Office.) Mr. White moved that the reading of the Minutes be dispensed with and that the Minutes be approved as recorded. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ....................................................................... -0. COMMITTEES-CULTURAL SERVICES COMMITTEE: A communication from Mary S. Neal tendering her resignation as the City Manager's designee to the Cultural Services Committee, effective immediately, was before Council. (For full text, see communication on file in the City Clerk's Office.) Mr. White moved that the communication be received and filed, and that the resignation be accepted. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ........................................................................ 0. ZONING-ROANOKE NEIGHBORHOOD PARTNERSHIP-OATHS OF OFFICE-COMMITTEES: The following reports of qualification were before Council: Kermit E. Hale as a member of the Board of Zoning Appeals to fill the unexpired term of Sydnor W. Brizendine, Jr., deceased, ending December 31, 2001; and 5 ACTION: ACTION: Michael W. Ridenhour as a member of the Roanoke Neighborhood Partnership Steering Committee for a term ending November 30, 2003. (See Oaths or Affirmations of Office on file in the City Clerk's Office.) Mr. White moved that the reports of qualification be received and filed. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ....................................................................... -0. REGULAR AGENDA SCHOOLS: The Mayor advised that on June 30, 2001, there will be two vacancies on the Roanoke City School Board for terms commencing July 1, 2001, and ending June 30, 2004. He further advised that six applications for the positions were received prior to the deadline on Friday, March 9, 2001; however one applicant withdrew his name from consideration (Lee Pusha). The Mayor further advised that Section 9-20, Selection of Candidates for Public Interview, provides that on or before April 20 of each year Council shall, by public vote, select from the field of candidates those candidates to be accorded the public interview required by Section 9-21 of the City Code, and all other candidates shall be eliminated from the School Trustee selection process. Mr. White moved that Gary M. Bowman, Melvin W. Garrett, Melinda J. Payne, William E. Skeen and Ruth C. Willson be accorded the public interview by Council on Thursday, April 19, 2001, commencing at 4:00 p.m., in the City Council Chamber. The motion was seconded by Ms. Wyatt and unanimously adopted. HEARING OF CITIZENS UPON PUBLIC MATTERS: ROANOKE REGIONAL CHAMBER OF COMMERCE- ARMORY/STADIUM: Bruce Wood, Vice Chair for Public Policy and Strategic Issues for the Roanoke Regional Chamber of Commerce 6 addressed Council with regard to Victory Stadium. He read the following letter from Edwin C. Hall, Chair, Board of Directors, Roanoke Regional Chamber of Commerce: "The City of Roanoke is looking ahead as it completes VISION 2001, a long-range comprehensive planning process that has the potential to shape the city's future. At hand, however, is a decision on Victory Stadium. The Board of Directors of the Roanoke Regional Chamber of Commerce urges Roanoke City Council to move decisively as it considers the potential this decision has on the city's future. The Roanoke Regional Chamber cares deeply about the region's future, business climate, quality of life, image, and ability to attract new businesses while helping existing ones grow. In that light, the Chamber asks Roanoke leaders to keep all the factors in mind as it reaches a decision on Victory Stadium that should and will affect the broader landscape of the city beyond the corner of Jefferson and Reserve. Council's recommendation for Victory Stadium should consider the economic development impact such as the potential to attract tourism spending and contribute to quality of life needs of the Roanoke City Schools for facilities that serve the needs of its students and represent the system's commitment to excellence in education highest and best use of the property that is a gateway to downtown, surrounding neighborhoods, and the Carilion Biomedical Institute return on the investment wise use of city financial resources emotional impact of the decision on the community. We encourage City Council to consider many options but to expediently weigh the alternatives and move forward with a decision that creates a positive return on 7 ACTION: ACTION: investment for the city and that fits with the progressive future most citizens envision for their region in such a signature project." Without objection by Council, the Mayor advised that the communication would be received and filed. AIRPORT-BUDGET: In accordance with the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, presented the Airport budget for fiscal year 2001-02, including a separate listing of capital expenditures. She advised that the budget was adopted by the Airport Commission at its meeting on March 14, 2001; and provides a separate listing of Capital Expenditures which are expected to exceed $100,000.00 in cost and are intended to benefit five or more future accounting periods; and formal approval of the Operating Budget and the Capital Expenditure List, by resolution of each of the participating political subdivisions, is requested. (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35257-040201) A RESOLUTION approving the Roanoke Regional Airport Commission's 2001-2002 proposed operating and capital budget, upon certain terms and conditions. (For full text of Resolution, see Resolution Book No. 63.) Mr. Harris moved the adoption of Resolution No. 35257-040201. The motion was seconded by Mr. Bestpitch and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ...................................................... 7. NAYS: None ........................................................................ 0. PETITIONS AND COMMUNICATIONS: VIRGINIA'S FIRST REGIONAL FACILITY AUTHORITY-ECONOMIC DEVELOPMENT: Council MemberWilliam D. Bestpitch, one of the City's representatives to the New River Valley Commerce Park Participation 8 Committee, presented a communication advising that the New River Valley Commerce Park Participation Committee has received correspondence from David Rundgren notifying all members of the Committee that additional shares in the Commerce Park Project are available due to the fact that Wythe County has chosen to withdrawn from participation. Mr. Bestpitch recommended that since there are other jurisdictions that have interest in purchasing the shares, the City of Roanoke should staywith its current share ownership of 10,000 shares, not purchase its pro-rata portion of additional shares, and let the available shares adhere to other interested jurisdictions. (For full text, see communication and attachments on file in the City Clerk's Office.) ACTION: Mr. Bestpitch moved that Council concur in the recommendation. The motion was seconded by Mr. Harris and unanimously adopted. REPORTS OF OFFICERS: CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: BUDGET-FDETC: The City Manager submitted a communication advising that the Fifth District Employment and Training Consortium (FDETC) administers the Federally funded Workforce Investment Act (WIA) for the region, which encompasses the Counties of Allegheny, Botetourt, Craig, Franklin and Roanoke, as well as the Cities of Clifton Forge, Covington, Roanoke and Salem; the agency's client population is composed primarily of economically disadvantaged individuals as determined by household income guidelines set bythe U.S. Department of Labor; the City of Roanoke is the grant recipient and fiscal agent for FDETC funding, thus, Council must appropriate funding for all grants and other monies the FDETC receives; the Virginia Department of Social Services has notified the FDETC that a proposal to provide services under the Virginia Department of Social Services Economic and Employment Improvement Grant Program for Disadvantaged Persons has been approved; and award of $50,000.00 will be given to the FDETC for the period of March 1, 2001 through June 30, 2002. 9 ACTION: The City Manager recommended that Council appropriate the FDETC's funding totaling $50,000.00 and increase the revenue estimate by $50,000.00 in accounts to be established in the Consortium Fund by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#35258-040201) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Consortium Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. Carder moved the adoption of Ordinance No. 35258-040201. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ........................................................................ 0. BUDGET-GRANTS-LIBRARIES: The City Manager submitted a communication advising that the Roanoke City Public Library has been awarded a grant of $13,300.00 by The Library of Virginia which is to be used to renovate and furnish a room in the Main Library for use as a computer lab; and the grant is in support of a grant previously received from the Bill and Melinda Gates Foundation for computer equipment. The City Manager recommended that Council accept the Library of Virginia Grant, and that she be authorized to execute the requisite grant documents, establish a $13,000.00 revenue estimate in an account to be established by the Director of Finance and that Council appropriate funds in accounts to be established by the Director of Finance. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: 10 ACTION: (#35259-040201) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Grant Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. Harris moved the adoption of Ordinance No. 35259-040201. The motion was seconded by Mr. Carder and adopted by the following vote: ACTION: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ...................................................... 7. NAYS: None ....................................................................... -0. Mr. Harris offered the following resolution: (#35260-040201) A RESOLUTION accepting the Library of Virginia Grant to the Roanoke Public Library to renovate and furnish a room in the main Library for use as a computer lab. (For full text of Resolution, see Resolution Book No. 63.) Mr. Harris moved the adoption of Resolution No. 35260-040201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ...................................................... 7. NAYS: None ....................................................................... 0. NEIGHBORHOOD ORGANIZATIONS-GRANTS: The City Manager submitted a communication advising that historically, the Northwest Neighborhood Environmental Organization has received HOME Investment Partnerships (HOME) funds from the City of Roanoke to develop affordable housing; on May 9, 2000, Council authorized funding for acquisition and rehabilitation of two properties located in the 500 block of Loudon Avenue, N. W., pursuant to Resolution No. 34798- 050900, which approved submission of the City's 2000-2005 Consolidated Plan to the U.S. Department of Housing and Urban Development (HUD); on June 19, 2000, Council accepted 2000-01 HOME funds pursuant to Budget Ordinance No. 34882-061900 and Resolution 11 No. 34883-061900; in order to provide funding for NNEO to develop the Fifth Street Gateway Project approved in the City's Consolidated Plan, authorization by Council is needed to execute a subgrant agreement with NNEO; and funding is available in Account No. 035-090-5308-5309, in the amount of $78,700.00. The City Manager recommended that she execute a HOME Subgrant Agreement with Neighborhood Environmental Organization. be authorized to the Northwest (For full text, see report on file in the City Clerk's Office.) Mr. Harris offered the following resolution: (#35261-040201) A RESOLUTION authorizing the execution of a subgrant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001 for the development of the Fifth Street Gateway Project. (For full text of Resolution, see Resolution Book No. 63.) ACTION: Mr. Harris moved the adoption of Resolution No. 35261-040201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ........................................................................ 0. BUDGET-HOUSING/AUTHORITY: The City Manager submitted a communication advising that as part of its ongoing efforts to improve public housing at the Lincoln Terrace Development, the Roanoke Redevelopment and Housing Authority (RRHA) applied for and has been awarded a $15.1 million HOPE VI Revitalization Grant from the U.S. Department of Housing and Urban Development ("HUD"); in support of the RRHA HOPE VI application, the City committed to provide up to $3 million in financial assistance for both infrastructure costs of the Lincoln 2000/HOPE VI Project and housing rehabilitation loan funding for existing homeowners in the Washington Park neighborhood; and infrastructure funding to be provided bythe Citywill support improvements in public rights-of-way and publicly dedicated 12 ACTION: easements, including, but not limited to, construction and reconstruction of streets, curbs, gutters and sidewalks and water and sewer utilities. It was further advised that the City will provide the Housing Authority with a total of $2.1 million for infrastructure improvements in three yearly installments, with the $600,000.00 covered by this letter being the first installment (The remaining $900,000.00 of the total $3 million committed by the City is for housing rehabilitation and is being handled separately); funds for the first installment have been identified in the General Fund and Community Development Block Grant ("CDBG") program funds and from Retained Earnings in the Water Fund and Sewer Fund; and specific amounts and sources are as follow: Source CDBG General Fund Sewer Fund Water Fund Account Name Infrastructure Transfer to Capital Projects Retained Earnings Retained Earnings Amount $253,000.00 $100,000.00 $109,000.00 $138,000.00 The City Manager recommended that she be authorized to execute the 2000/01 Agreement with the Housing Authority, and appropriate funds in the amount of $347,000.00 from City funding sources to accounts to be established by the Director of Finance and entitled, "Lincoln 2000/HOPE VI Infrastructure," and CDBG funds have been previously appropriated to the proper account. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35262-040201) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Water, Sewage Treatment, and Capital Projects Funds Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. Harris moved the adoption of Ordinance No. 35262-040201. The motion was seconded by Mr. Carder and adopted by the following vote: 13 AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ..................................................... -7. NAYS: None ....................................................................... -0. Mr. Harris offered the following resolution: (#35263-040201) A RESOLUTION authorizing the appropriate City officials to enter into a 2000-2001 Agreement with the City of Roanoke Redevelopment and Housing Authority, providing funding for infrastructure improvements associated with the Lincoln 20001HOPE VI Community Revitalization Program Project, upon certain terms and conditions. ACTION: (For full text of Resolution, see Resolution Book No. 63.) Mr. Harris moved the adoption of Resolution No. 35263-040201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................................... 7. NAYS: None .................................................................... 0. BUDGET-FLOOD REDUCTION/CONTROL: The City Manager submitted a communication advising that in 1989, a $7.5 million bond referendum was passed to provide partial funding for the Roanoke River Flood Reduction Project, and a utility tax was established to pay the debt service for the bond; in 1990, a Local Cooperation Agreement (LCA) was executed with the U.S. Army Corps of Engineers to construct the project; under the LCA, the City committed to fund five per cent of the project and construction costs, 100 per cent of property acquisition costs, 100 per cent of relocation costs, and 50 per cent of recreation trail costs; estimated cost of the remaining City share of the project is approximately $12.9 million; thers is a current unobligated balance of approximately $5.4 million in project accounts; at the appropriate time, the previously approved bond issue of $7.5 million will be issued; and $624,000.00 was included in Transfers to Capital Projects Fund as part of the approved General Fund budget for fiscal year 2001 in support of the project, and now needs to be transferred to the Capital Projects Fund and appropriated to the proper Capital Projects Fund account. 14 The City Manager recommended that Council appropriate $624,000.00 which was included in the adopted budget of General Fund Account No. 001-250-9310-9508 in the Capital Projects Fund Account No. 008-056-9620-9003, Roanoke River Flood Reduction. (For full text, see communication on file in the City Clerk's Office.) Mr. Harris offered the following emergency budget ordinance: (#35264-040201) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35264-040201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ...................................................... 7. NAYS: None ........................................................................ 0. BUDGET-INDUSTRIES-ECONOMIC DEVELOPMENT: The City Manager submitted a communication advising that Foot Levelers, Inc., located at 518 Pocahontas Drive, is a local company which manufactures orthopedic insoles for shoes; approximately 12 months ago, Foot Levelers recognized a need to expand operations and began to look for sites outside the City of Roanoke; in order to keep its business in the City and to make expansion possible in the City of Roanoke, Foot Levelers requested assistance from the City of Roanoke; Foot Levelers is investing approximately $3.3 million in a building expansion and an additional investment will be made for new equipment; the company has added approximately 30 positions over the past 18 months and expects to continue to add approximately eight to ten positions per year over the next three years; and the City has worked with the Industrial Development Authority to assist with the expansion project which will promote economic development in the City of Roanoke. 15 ACTION: It was further advised that the Industrial Development Authority discussed the project at its March 7, 2001, meeting and has requested $34,790.00 from the City to assist with the cost of the expansion project; funds from the City will be used by the IDA to make an economic development grant to Foot Levelers for its expansion project; and the IDA will require Foot Levelers to provide documentation that the grant funds are used for the expansion project. The City Manager recommended that Council authorize transfer of $34,790.00 to an account to be entitled, "Foot Levelers Infrastructure Project," which will provide funds for the IDA for purposes of promoting economic development in the City of Roanoke and the Roanoke Valley, in order to fund the grant that the Industrial Development Authority intends to make to Foot Levelers, Inc., upon certain terms and conditions; authorize the City Manager and the City Clerk, on behalf of the City, to execute and attest, respectively, appropriate documents between the City, the IDA and Foot Levelers, Inc., upon certain terms and conditions, to allow the IDA to make the economic development grant to Foot Levelers; that the City Manager be further authorized to take such action and execute such additional documents as may be reasonably necessary to provide for implementation and administration of such economic development grant; and transfer $27,490.00 from Capital Improvement Reserve Building and $7,300.00 from RCIT Entrance Sign Project to fund the economic development grant to be made to Foot Levelers, Inc., by the Industrial Development Authority. (For full text, see communication on file in the City Clerk's Office.) Mr. Carder offered the following emergency budget ordinance: (#35265-040201) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. Carder moved the adoption of Ordinance No. 35265-040201. The motion was seconded by Ms. Wyatt and adopted by the following vote: 16 AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ....................................................................... -0. Mr. Harris offered the following emergency ordinance: (#35266-040201) AN ORDINANCE providing that the City of Roanoke will appropriate an amount up to $34,790.00 to the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for the purposes of promoting economic development in the City of Roanoke and the Roanoke Valley in order to fund the grant that the IDA intends to make to Foot Levelers, Inc., and authorizing the proper City officials to execute appropriate documentation among the City of Roanoke, the IDA, and Foot Levelers, Inc., that provides for an expansion project by Foot Levelers that will result in an investment and retention of jobs within the City; and providing for an emergency. (For full text of Ordinance, see Ordinance Book No. 63.) ACTION: Mr. Harris moved the adoption of Ordinance No. 35266-040201. The motion was seconded by Mr. Hudson and adopted bythe following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ...................................................... 7. NAYS: None ....................................................................... 0. At 2:35 p.m., the Mayor declared the meeting in recess and Council reconvened in closed session. At 3:50 p.m., the City Council meeting reconvened in the Council Chamber, with Mayor Smith presiding, and all Members of the Council in attendance. NORFOLK SOUTHERN CORPORATION-RAIL SERVICE: The City Manager submitted a communication advising that on January 16, 2001, after the Passenger Rail Service Committee presented its report, Council referred the issue of designating and funding a future site for the Passenger Rail Depot to the City Manager's Office; after review of the report, the City Manager agreed that Council should officially designate the former Norfolk Southern passenger rail station on 17 ACTION: Shenandoah Avenue as the depot for this endeavor; not only would the structure be restored to its previous use, but could also serve as a destination itself with the possible siting of an O. Winston Link photograph museum; as requested by the Passenger Rail Service Committee, she will include this item on the budget study agenda; and total renovation cost is estimated at $9 million, with $1.7 million requested from City funds. The City Manager recommended that Council adopt a resolution designating the former Norfolk Southern passenger rail station for future passenger rail service. (For full text, see communication on file in the City Clerk's Office.) Mr. Bestpitch offered the following resolution: (#35267-040201) A RESOLUTION designating the former Norfolk Southern passenger rail station located on Shenandoah Avenue across from The Hotel Roanoke as the official depot for light rail service. (For full text of Resolution, see Resolution Book No. 63.) Mr. Bestpitch moved the adoption of Resolution No. 35267- 040201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ........................................................ 7. NAYS: None ........................................................................ 0. Mr. White requested that the City Clerk forward a letter to the Passenger Rail Service Committee acknowledging the work of the committee. He further requested that the matter of state funding for passenger rail service be referred to the Legislative Committee for discussion in connection with the City's proposed 2002 Legislative Program. 18 ACTION: DIRECTOR OF FINANCE: DIRECTOR OF FINANCE-AUDITS/FINANCIAL REPORTS: The Director of Finance submitted the Financial Report for the City of Roanoke for the month of February, 2001. (For full text, see Financial Report on file in the City Clerk's Office.) Without objection by Council, the Mayor advised that the Financial Report would be received and filed. REPORTS OF COMMITTEES: COMMITTEES-COUNCIL: The committee appointed by Council on January 8, 2001, to review and make recommendations regarding restructuring of the City's authorities, boards, commissions and committees submitted the following recommendations: Discontinue the following commissions, committees and task force: Economic Development Commission Revenue Study Commission City Taxes Committee (Has not met for approximately ten years.) Downtown Housing Task Force Metropolitan Transportation Planning District Study Committee Roanoke Valley Cooperative Study Committee City Investment Committee Set-off Debt Collections Board Bid Specifications Committee (Initially appointed to study vehicular equipment purchases; the Virginia Procurement Code satisfactorily addresses such issues; and bid committees to review construction procurement bids will continue to be appointed.) Upper Roanoke River Sub-area Advisory Committee (City representatives) Center in the Square Board of Directors (City representative) Water Resources Committee (City business will be conducted more expeditiously if matters routinely addressed by the committee are forwarded directly 19 to City Council; City real estate transactions will be expedited by approximately 30 days; matters that are routinely addressed by the committee are forwarded to Council for approval; and six members of Council currently serve on the committee.) The procedure for electing Trustees to the Roanoke City School Board as set forth in Chapter 9, Education, Code of the City of Roanoke (1979), as amended, will remain the same, with one exception; i.e.: elimination of the public reception for School Board applicants. Effective July 1, 2001, establish a uniform process for appointing members to the City Planning Commission, Board of Zoning Appeals, Architectural Review Board, Roanoke Redevelopment and Housing Authority and Industrial Development Authority, through a phased in approach beginning with the Architectural Review Board (two vacancies on October 1, 2001), the Industrial Development Authority (two vacancies on October 20, 2001) and the Board of Zoning Appeals (two vacancies on December 31, 2001). The City Clerk will advertise the vacancies 45 days prior to expiration of the term of office, copies of all applications will be forwarded to City Council for review, and Council will select no more than three persons to be interviewed in closed session for each vacancy. Provide a stipend for current members of the City Planning Commission and the Board of Zoning Appeals, upon completion of a certification program. New appointees will be required to attain certification within one year of the date of appointment. A majority of the current members of the City Planning Commission have attained their certification through the Virginia Certified Planning Commissioners Program sponsored by Virginia Tech, and Virginia Tech also offers a Virginia Certified Board of Zoning Appeals Program. Since there is no certification program for School Board Trustees, members should be encouraged to attend Virginia School Board 20 Association activities where they are awarded points based upon participation in various programs and conferences. The City Manager recommends that this stipend be $1200 annually. The committee would like to continue to review the duties and responsibilities of the Board of Zoning Appeals, including conducting a survey on boards in other Virginia municipalities to determine if the responsibilities should be modified. Amend Section 36.1-640 of the Code of the City of Roanoke (1979), as amended, relating to the Architectural Review Board to delete that portion which provides, "All members shall have an interest, competency, or knowledge of historic preservation. At least one of the members appointed shall be selected from the membership of the City Planning Commission, at least two members shall be registered architects, and at least one member shall be a person who has demonstrated knowledge of and interest in the history of the City." Council Members, in liaison capacities, serve as a conduit between their respective committees and the Members of Roanoke City Council; therefore, Council Members should not be expected to attend all committee meetings. Committee meetings should be scheduled at times that do not conflict with regularly scheduled City Council meetings in the event that the presence of the liaison Council Member is needed. All Council-appointed boards and commissions should file written reports with Council within 60 days of the conclusion of each fiscal year which shall summarize the work of the committee for such fiscal year, including a report of the attendance of its membership at regular and special meetings of such body for the previous fiscal year. Such reports should be filed with the City Clerk and forwarded to the Members of Council for review. In addition, each board and commission shall file copies of the minutes with the City Clerk which will be kept on file in the Clerk's Office for public inspection. 21 Whenever possible, only Roanoke City residents should be appointed to City Council-appointed boards and commissions. The Cultural Services Committee and the Roanoke City Arts Commission should be consolidated. The fifth Monday in April, July, October and December, 2001 and future fifth Mondays from 12:15 p.m. - 5:00 p.m. will be devoted to Council work sessions, at which time the City Manager will schedule appropriate staff briefings; however, the first 90 minutes of the work session will include reports by Council Members in connection with their respective liaison roles to the various boards and commissions. Members of Council are encouraged to attend at least one meeting per year of the School Board, City Planning Commission, Board of Zoning Appeals, Architectural Review Board, Industrial Development Authority and the Roanoke Redevelopment and Housing Authority. Minutes of the meetings are filed in the City Clerk's Office and copy will be provided by the Clerk to any member of Council upon request. Members of the Roanoke City School Board, City Planning Commission and Roanoke Redevelopment and Housing Authority should be advised that there is an option of having their meetings televised on RVTV-Channel 3, and additional funds will be appropriated by the City to the RVTV budget to cover the expense, should they elect to televise meetings. Monthly meetings should be held by the Industrial Development Authority and staffed by the City's Economic Development Department. City Council will meet with the Roanoke City School Board, Roanoke Redevelopment and Housing Authority, City Planning Commission, Board of Zoning Appeals, Industrial Development Authority and Architectural Review Board annually in a work session for the purpose of planning/goal setting. (Dinner meetings could be 22 ACTION: scheduled on the third Monday, with the understanding that the Council meeting will convene at 2:00 p.m., rather than 12:15 p.m.) The City of Roanoke Transportation Safety Commission should be represented by the following interests: a member of Council, City Traffic Engineer, Valley Metro General Manager, Transportation Manager of the Roanoke City Schools, neighborhood representative, greenway/bicycle representative, disabled representative, judicial representative, police department representative, railroad representative, and a youth representative. All categories are currently represented, except a person representing the disabled community, a judicial representative and a youth representative. Currently, there is one vacancy on the Transportation Safety Commission and when filling future vacancies, Council is encouraged to take into consideration the need to fill the positions with persons representing those categories that are not presently represented. Meetings of the Greater Roanoke Transit Company Board of Directors will be held on an as needed basis, rather than monthly. Mr. Carder moved that Council concur in the recommendations of the committee and that the report be referred to the City Attorney for preparation of the proper measure(s). The motion was seconded by Ms. Wyatt and unanimously adopted. The City Manager advised that four Members of Council will be out of the City on the fifth Monday in April; whereupon, it was the consensus of Council that the work session recommended by the committee to be held on April 30, 2001, be eliminated from the schedule. Mr. Bob Caudle, 431 Belford Street, S. W., spoke in support of the stipend for the Board of Zoning Appeals and the City Planning Commission. He volunteered his service for any committee assignment deemed appropriate by Council. 23 PURCHASE/SALE OF PROPERTY-AIRPORT-WATER RESOURCES: Council Member Linda F. Wyatt, Chairperson, Water Resources Committee, presented a written report on behalf of the Committee, with regard to property rights acquisition for the Airport Road Signalization Project. A staff report advised that signalization for the two intersections of Airport Road at Towne Square Boulevard and Airport Road at Municipal Drive, N. W., have been on the City's list for future traffic signalization for several years, however, these intersections were not ranked high enough to be funded from the latest bond referendum; Roanoke County, which adjoins Airport Road on the east side of the road, offered to fund 50 per cent of the $350,000.00 estimated cost to signalize the two intersections; Council authorized execution of an agreement with Roanoke County on April 3, 2000, which agreed to the City's share of project cost and funds in the amount of $175,000.00 representing the City's share are available in Airport Road Traffic Signals Account No. 008-052-9577. It was explained that the project consists of geometric improvements and signalization of the two intersections of Airport Road at Towne Square Boulevard and Airport Road at Municipal Drive, N. W.; plans have been developed to identify property rights that will be needed for construction of the project; authorization is needed by Council to move forward with acquisition of the necessary property rights; and estimated cost of acquisition of all property rights is $120,000.00. The Water Resources Committee recommended that Council authorize the City Manager to acquire all necessary property rights, which may be acquired, following a satisfactory environmental site inspection by negotiation oreminent domain and include rights-of-way, permanent drainage easements, and temporary construction easements. (For full text, see reports on file in the City Clerk's Office.) Ms. Wyatt offered the following emergency ordinance: 24 ACTION: ACTION: (#35268-040201) AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the Airport Road Signalization Project; setting a limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and dispensing with the second reading of this ordinance by title. (For full text of Ordinance, see Ordinance Book No. 63.) Ms. Wyatt moved the adoption of Ordinance No. 35268-040201. The motion was seconded by Mr. White and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ........................................................................ 0. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: BUDGET-CMERP: Ordinance No. 35242, appropriating $177,111.00 from the Capital Maintenance and Equipment Replacement Program to fund equipment purchases, maintenance and other one- time priority purchases, having previously been before the Council for its first reading on Monday, March 19, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. White offering the following for its second reading and final adoption: (#35242-040201) AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. White moved the adoption of Ordinance No. 35242-040201. The motion was seconded by Mr. Hudson and adopted by the following vote: 25 AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, and Mayor Smith ................................................................ 6. NAYS: Council Member Wyatt ............................................... 1. ZONING: Ordinance No. 35253, rezoning a portion of those certain parcels of real property located at 4425 and 4431 Northwood Drive, N. W., Official Tax Nos. 6140610 and 6140609, and a portion of that certain parcel of real property located at the intersection of Peters Creek Road, N. W., and Woodbridge Avenue, Official Tax No. 6141403, from RS-3, Residential Single Family District, to C-2, General Commercial District, as more specifically identified in the First Amended Petition filed in the Office of the City Clerk on February 12, 2001, and subject to certain proffers contained in the petition, having previously been before the Council for its first reading on Monday, March 19, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#35253-040201) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 614, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63.) ACTION: Mr. Hudson moved the adoption of Ordinance No. 35253-040201. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ........................................ , ................................. 6. NAYS: Council Member Bestpitch .......................................... 1. ZONING: Ordinance No. 35254, rezoning a tract of land partially fronting on a portion of Baldwin Avenue, N. E. (8 lots), and additional property fronting on a portion of Edmund Avenue, N. E. (16 lots), bearing Official Tax Nos. 3210616 - 3210620, inclusive, 3210712- 3210722, inclusive, and 3210701 - 3210708, inclusive, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, as set forth in the Second Amended Petition filed in the Office of the City Clerk on March 8, 2001, having previously been before the Council for its first 26 ACTION: ACTION: reading on Monday, March 19, 2001, read and adopted on its first reading and laid over, was again before the body, Mr. Hudson offering the following for its second reading and final adoption: (#35254-040201) AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 321, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. (For full text of Ordinance, see Ordinance Book No. 63.) Mr. Hudson moved the adoption of Ordinance No. 35254-040201. The motion was seconded by Mr. Harris and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ........................................................ 7. NAYS: None ....................................................................... -0. MOTIONS AND MISCELLANEOUS BUSINESS: INQUIRIES AND/OR COMMENTS BY THE MAYOR AND MEMBERS OF COUNCIL: COUNCIL: Mr. Harris offered the following resolution changing the time of commencement of the regular meeting of Council from 12:15 p.m., to 2:00 p.m., on Monday, April 16, 2001: (#35269-040201) A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 16, 2001. (For full text of Resolution, see Resolution Book No. 63.) Mr. Harris moved the adoption of Resolution No. 35269-040201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ....................................................................... -0. 27 COUNCIL: Mr. Harris offered the following Resolution changing the time of commencement of the regular meeting of Council from 12:15 p.m., to 2:00 p.m., on Monday, May 21, 2001: (#35270-040201) A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 21, 2001. (For full text of Resolution, see Resolution Book No. 63.) ACTION: Mr. Harris moved the adoption of Resolution No. 32570-040201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ........................................................ 7. NAYS: None ....................................................................... -0. COUNCIL: Mr. Harris offered the following Resolution changing the time of commencement of the regular meeting of Council from 12:15 p.m., to 2:00 p.m., on Monday, June 18, 2001: (#35271-040201) A RESOLUTION changing the time of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, June 18, 2001. (For full text of Resolution, see Resolution Book No. 63.) ACTION: Mr. Harris moved the adoption of Resolution No. 35271-040201. The motion was seconded by Mr. Hudson and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ........................................................................ 0. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: None. At 4:15 p.m., the Mayor declared the meeting in recess. 28 ACTION: At 4:45 p.m., the meeting reconvened in the City Council Chamber, with all Members of the Council in attendance, Mayor Smith presiding. COUNCIL: With respect to the Closed Meeting just concluded, Mr. Bestpitch moved that each Member of City Council certify to the best of his or her knowledge that: (1) only public business matters lawfully exempted from open meeting requirements under the Virginia Freedom of Information Act; and (2) only such public business matters as were identified in any motion by which any Closed Meeting was convened were heard, discussed or considered by City Council. The motion was seconded by Mr. Carder and adopted by the following vote: AYES: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ....................................................... 7. NAYS: None ....................................................................... -0. OATHS OF OFFICE-COMMITTEES-PARKS AND RECREATION: The Mayor advised that the term of office of William R. Dandridge as a member of the Mill Mountain Advisory Committee expired on June 30, 2000, and called for nominations to fill the vacancy. Mr. Carder placed in nomination the name of William R. Dandridge. There being no further nominations, Mr. Dandridge was reappointed as a member of the Mill Mountain Advisory Committee, for a term ending June 30, 2001, by the following vote: FOR MR. DANDRIDGE: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ................................ 7. OATHS OF OFFICE-COMMITTEES-COMMUNITY PLANNING: The Mayor advised that the terms of office of Alfred T. Dowe, Jr., Robert B. Manetta, and Richard A. Rife as members of the City Planning Commission expired on December 31,2000, and called for nominations to fill the vacancies. Mr. White placed in nomination the names of Alfred T. Dowe, Jr., Robert B. Manetta, and Richard A. Rife. 29 There being no further nominations, Messrs. Dowe, Manetta, and Rife were reappointed as members of the City Planning Commission for terms ending December 31, 2004, by the following vote: FOR MESSRS. DOWE, MANETTA, AND RIFE: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith ..... 7. OATHS OF OFFICE-COMMITTEES-ROANOKE NEIGHBORHOOD PARTNERSHIP: The Mayor advised that there is a vacancy on the Roanoke Neighborhood Partnership Steering Committee created bythe resignation of Viola N. Campbell for a term ending November 30, 2003, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Bob Caudle. There being no further nominations, Mr. Caudle was appointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2003, by the following vote: FOR MR. CAUDLE: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith .......................................... 7. OATHS OF OFFICE-COMMITTEES-HUMAN DEVELOPMENT: The Mayor advised that there is a vacancy on the Advisory Board of Human Development created by the resignation of Gina Wilburn for a term ending November 30, 2004, and called for nominations to fill the vacancy. Ms. Wyatt placed in nomination the name of Gail Burruss. There being no further nominations, Ms. Burruss was appointed as a member of the Advisory Board of Human Development, for a term ending November 30, 2004, by the following vote: FOR MS. BURRUSS: Council Members Bestpitch, Carder, Harris, Hudson, White, Wyatt, and Mayor Smith .......................................... 7. 30 There being no further business, the Mayor declared the meeting adjourned at 4:50 p.m. APPROVED ATTEST: Mary F. Parker City Clerk Ralph K. Smith Mayor 31 RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 April 16, 2001 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. Sincerely, Mayor RKS:sm H:~Agenda.01\Closed Session on Vacancies.wpd Office of the City Manager April 16, 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 for a discussion concerning expansion of an existing business, where no previous announcement of the business's interest in expanding its facilities in the City has been made, pursuant to Section 2.1- 344.A.5, Code of Virginia (1950), as amended. Respectfully submitted, Darlene L. BurchbCn City Manager DLB:ca C: City Attorney Director of Finance City Clerk Economic Development Specialist Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-]138 CityWeb:www. ci, roanoke.v(3.us Office of the City Manager April 16, 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.^.3, Code of Virginia (1950), as amended. Re.~s~.tfully submitted, 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 (540) 853-2333 FAX (540) 853-1138 CityWeb:www. ci.raanoke.va.us 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 1 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, ,...~ _, ,? ~.. ~ .,,. /' Dar~- lene L. Burch)~m City Manager DLB/SEF/sf Attachment(s): I pc: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, 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 DGS/DEB L1-A REVISED 11/1/93 ATTACHMENT 1 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. WlTNESSETH 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 (3) (months/year), beginning on the 1s' 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 ($467,400.00) as rent for the initial term which amount shall be paid in installments of thirty eight thousand nine hundred fifty Dollars ($ 38,950.00) due and payable in arrears at the end of each quarter (month/quarter). Rent shall be made payable to Chief of Billing 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. 3. PURPOSE AND USE OF DEMISED PREMISES: The demised premises are leased to be used and occupied by the Virginia 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. 4. 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. DGS/DEB L1-A REVISED 11/1/93 (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. (10) 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. (B) 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 L1-A REVISED 11/1/93 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. (B) 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) 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. (D) Lessee covenants that it will not use the demised premises in any manner which would, directly or indirectly, 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 L1-A REVISED 11/1/93 10. 11. (B) (c) 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. 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) (B) (C) 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. NOTICE: 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. (A) 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. (B) 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 return 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 serviceby any officer authorized by law to serve such notice. 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 Billinqs and Collections, whose address is: 215 Church Avenue, SW, Room 252 Roanoke, Virginia 24011-1529 DGS/DEB L1-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) 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. (B) 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 are 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 L1-A REVISED 11/1/93 In WITNESS WHEREOF, the parties have affixed their signatures and seals. LESSOR: City of Roanoke By: (Signature) Its: City Manager (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 AEVISED 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) Serving the People Allegbany Coumy B~ou~ Co~ Cr~ Co~ Ro~v Co~ C~ of ~on Fo~ C~ of Cov~g~n C~ of ~o~o~e C~ ATTACHMENT 2 COJI O, 'F. AL TH OF YIROIlVL4 Alleghany Health Distn'ct Roanoke City Health District Marcia 30, 2001 Reply to: 515 Eighth Street. SW Roanoke. VA 24016 Phone: (540) 857-7600 Ext 274 FAX: (540) 857-6987 Glenn Radcliffe, Director Human Services City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Glenn: This is to confirm our conversation concerning our lease with the City. It is our intent to vacate the buildings at 515 and 530 Eighth Street, SW upon the completion of renovations at a facility obtained in response to the RFP issued in October, 2000. We understand that the target date for occupancy in that building is July 1, 2002. We would then propose to enter into a twenty year lease for Thanks for your ~ of the Roanoke City Health Department. Sincerely yours, JAMES D. GRISSO Director of Finance April 16, 2001 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room',~E~l P. O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director 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 Subject: Advertisement for Delinquent Real Estate Taxes Dear Mayor Smith and Members of City Council: As a part of our ongoing efforts to collect delinquent real estate taxes, an advertisement will run the The Roanoke Times on Monday, April 16, 2001. This advertisement is a legally required step in the procedures to bring properties to tax sale. The list contains those properties that remain unpaid from the list approved for tax sale by Council on February 5, 2001. This advertisement is coordinated by our outside legal counsel who will file suits for any properties remaining unpaid after 30 days. This is to keep you informed of our efforts to collect delinquent taxes. If you have questions, please call me at 853-2821. Sincerely, Director of Finance JDG/DDL/ps C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Mary F. Parker, City Clerk JAMES D. GRISSO Director of Finance April 16, 2001 CITY OF ROANOKE'-'- DEPARTMENT OF FINANCE 215 Church Avenue, S.W.;{l~porr~l P. O. Box 1220 -' Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director Honorable Honorable Honorable Honorable Honorable Honorable Honorable Ralph K. Smith, Mayor William H. Carder, Vice Mayor William D. Bespitch, 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 Council: The City recently reached the five year anniversary of the issuance of its 1996 General Obligation Bonds. As a result, we remitted $266,571 to the Internal Revenue Service last week, representing payment of arbitrage rebate liability. Under the regulations issued by the IRS in 1993, the City is required to remit excess earnings on investments related to the $31.3 million 1996 bond proceeds over that amount which would have been earned if those investments were invested at a rate equal the bond yield. The bond yield is approximately 4.91%, while the return on investments experienced by the City was approximately 5.28% over the five year period ended February 1, 2001. The City earnings during that time totaled approximately $3,347,000. Interest earnings occur because the proceeds are invested by the City as soon as the bonds are issued, although they are spent on various capital projects over a period of several years. Earnings on bond proceeds and idle cash of the Capital Projects Fund are generally used to finance economic development projects that the City has an interest in supporting. We felt this information regarding the recent arbitrage payment would be of interest to the members of Council. No action is requested of Council with regard to this communication. Should you need additional information, please do not hesitate to contact me at 853-2821. Sincerely, Ja~e's D. Gr i'~~s so'~'~~'"~ Director of Finance JDG/ahs Honorable Mayor and Members of City Council April 16, 2001 Page 2 C~ Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Jesse A. Hall, Deputy Director of Finance Barry S. Key, Director of Management and Budget Ann H. Shawver, Manager of Accounting Services 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 April 18, 2001 STEPHANIE M. MOON Deputy City Clerk File #110-317 Ms. Catherine Fox 1545 Brandon Avenue, S. W. Roanoke, Virginia 24015 Dear M~;. Fox: Your communication submitting your resignation as a member of the Special Events Committee was before the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. On motion, duly seconded and unanimously 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 Special Events Committee from July 26, 1993 to April 16, 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 the Roanoke City Council. Sincerely,f')'~ ~'~ ~' Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: David W. Davis, III, Chair, Special Events Committee, 3735 Franklin Road, #161, Roanoke 24014 Sheila Cuadrado, Secretary, Special Events Committee, 210 Reserve Avenue, S. E., Roanoke, Virginia 24016 Stephanie M. Moon, Deputy City Clerk H:~Agendas 2001\Corrc-s0 April 16 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 April 18, 2001 File #110-317 STEPHANIE M. MOON Deputy City Clerk Mr. R. Matthew Kennell 310 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Kennell: Your communication submitting 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, April 16, 2001. On motion, duly seconded and unanimously 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 August 28, 1995 to April 16, 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 the Roanoke City Council. Sincerely, ~¢.~~ Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Mark S. McConnel, Chair, Roanoke Arts Commission, 546 Camilla Avenue, S. E., Roanoke, Virginia 24014 Susan S. Hannabass, Secretary, Roanoke Arts Commission Stephanie M. Moon, Deputy City Clerk H:~Agendas 2001 \Corresp April 16, 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 April 18, 2001 File #15-110-200 STEPHANIE M. MOON Deputy City Clerk D. Kent Chrisman, Chair City Planning Commission 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Chrisman: This is to advise you that S. Wayne Campbell has qualified as a member of the City Planning Commission for a term ending December 31,2004. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Martha P. Franklin, Secretary, City Planning Commission Stephanie M. Moon, Deputy City Clerk HSAgendas 2001\Corresp April 16, 2001.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, S. Wayne Campbell, 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 ~~_ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKSHI~Agendas 2001\Corresp. March 19, 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 April 18, 2001 File #15-110-178 John P. Baker, Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. Baker: This is to advise you that Carolyn M. Bumbry, James W. Burks, Jr., and H. Victor Gilchrist have qualified as commissioners of the City of Roanoke Redevelopment and Housing Authority for terms ending August 31,2004. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Stephanie M. Moon, Deputy City Clerk H:~Ag~ndas 2001\Corresp Apd116, 2001 ,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Carolyn M. Bumbry, do solemnly swear (or affirm) that 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 Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31,2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ~ day of~-~ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKSHl~Agendas 2001\C43rresp. March 19, 2001,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, James W. Burks, Jr., 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 Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31,2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this ~'~day of ~-~'~2001. ARTHUR B. CRUSH, III, CLERK , N:\CKSHl~Agendas 2001\Corresp, March 19, 2001,wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, H. Victor Gilchrist, 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 Commissioner of the Roanoke Redevelopment and Housing Authority for a term ending August 31,2004, according to the best of my ability. I swear or affirm. Subscribed and sworn to before me this~,~(., day of ~ 2001. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKSHl~Agendas 2001\Corresp. March 19, 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.manoke.va.us April 18, 2001 File #15-110-230 STEPHANIE M. MOON Deputy City Clerk Mark S. McConnell, Chair Roanoke Arts Commission 546 Camilla Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. McConnel: This is to advise you that Robert Humphreys has qualified as a member of the Roanoke Arts Commission to fill the unexpired term of Ann D. Masters, ending June 30, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh pc: Susan S. Hannabass, Secretary, Roanoke Arts Commission Stephanie M. Moon, Deputy City Clerk H:~Agendas 2001\Corresp April 16, 2001 .wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert Humphreys, 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 Roanoke Arts Commission to fill the unexpired term of Ann D. Masters, resigned, ending June 30,200'1, according to the best of my ability. I swear or affirm. Subscdbed and sworn to before me this~ day of ~r; I 200~. ARTHUR B. CRUSH, III, CLERK ,DEPUTYCLERK N:\CKSHl~Agendas 2001\Corresp. March 19, 2001.wpd April 10, 2001 I would like to request time on Council's agenda to address the need for safety shields in taxicabs. Sincerely, Li~e~y ~ab CITY OF ROANOKE TREASURER'S OFFICE P.O. B~x 145] Roanoke, V~rg~ma 2400'7'-3i45~- '.~2 Telephone: (540) 853-2561 FAX: (540) 853-1019 DAVID C. ANDERSON Treasurer R. RICHARD HALE, JR. Chief Deputy TO: FROM: DATE: SUBJECT: Ms. Stephanie Moon City Clerks Office David C. ~ City Treasurer April 9, 2001 City Council Meeting - April 16th, 2001 Please allow me time at the beginning of council meeting on the 16th to update City Council on billing of 2001 Personal Property Tax, and tax refief. If you have questions, please advise. DCA/gks 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 April 18, 2001 File #60-253 STEPHANIE M. MOON Deputy City Clerk John R. Hubbard, Chief Executive Officer Roanoke Valley Resource Authority 1020 Hollins Road, N. E. Roanoke, Virginia 24012 Dear Mr. Hubbard: lam enclosing copy of Resolution No. 35272-041601 approving the annual budget of the Roanoke Valley Resource Authority for fiscal year 2001-02, in the amount of $8,323,525.00. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Carolyn S. Ross, Vinton Town Clerk, 311 S. Pollard Street, Vinton, Virginia 24179 Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Robert K. Bengtson, Director of Public Works H:~Agendas 2001~Corresp A0rit 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35272-041601. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2001-2002, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2001-2002, in the amount of $8,323,525 is hereby approved, all as more particularly set forth in the report to this Council dated March 29,2001, from John R. Hubbard, P. E., Chief Executive Officer of the Roanoke Valley Resource Authority. ATTEST: City Clerk. ROANO VALLEY SOURCE AUTHORITY March 29, 2001 Ms. Mary Parker, CMC City Clerk, City of Roanoke Municipal Building Room 456 215 Church Avenue, SW Roanoke, VA 24011-1536 Dear Ms. Parker: In accordance with the Member Use Agreement, the Resource Authority is submitting its 2001-2002 Annual Budget to the City Council for approval. Enclosed are copies of the 2001-2002 Budget for each member of the City Council. A copy of the budget, along with the attached letter, have been sent to Ms. Burcham, requesting that she initiate action for approval of the budget by the City Council. If you have any questions or if you need additional copies of the budget, please let me know. Your help with this matter is appreciated. Sincerely, John R. Hubbard, P.E. Chief Executive Officer cc: Bob Bengtson 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 Web Site: www.rvra.net ROANOKE VALLEY RESOURCE AUTHORITY March 28, 2001 Ms. Darlene Burcham City Manager City of Roanoke 215 Church Avenue Roanoke, VA 24011 Dear Ms. Burcham: On March 28, 2001, the Roanoke Valley Resource Authority approved its 2001/2002 annual budget. The budget totals $8,323,525 and represents an increase of 4% over the current 2000/2001 budget. However, the tipping fee rates remain the same for commercial users and have been reduced for the Charter Members. This will be the ninth year that fees have remained at the current rate for commercial users and the first time a significant reduction has been made to the Charter Member rate. The reduction is being made available through the use of surplus funds generated by modifications in the Authority's operations, conservative spending, and unexpected revenue. The Resource Authority continues its efforts to provide the most economical service possible while maintaining high quality service to the Roanoke Valley. This proposed budget is a reflection of those efforts. In accordance with the Member Use Agreement, the Resource Authority's 2001/2002 annual budget is being submitted for the City Council's approval. Attached is a summary of the budget, a comparison of the budget and the bond projections. A detailed budget is available, if additional information is needed. The Resource Authority is committed to serving the residents and businesses of the City of Roanoke and other Charter Members, and we look forward to a successful future. Sincerely, Allan C. Robinson, Jr. Chairman 1020 Hollins Road Roanoke, Virginia 24012 (540) 857-5050 Fax (540) 857-5056 Web Site: www.rvra.net -- Roanoke Valley Resource Authority S U342VLARY - RE~NUE Disposal Fees Interest Income Beginning Balance Sale of Recyclable Material Miscellaneous EXPENSES Personnel Operating Capital Transfer to Reserves Debt Service DISPOSAL FEES Municipal Private $ 6,755,525 $ 1,000,000 $ 519,000 $ 28,000 $ 21,000 $ 1,393,955 $ 2,780,344 $ 215,200 $ 1,160,000 $ 2,774,026 Total $ 8,323,525 Total $ 8,323,525 $42 Per Ton $55 Per Ton 2001-2002 BUDGET Roanoke Valley Resource Authority 8U RY BUDGE I S Disposal Fees Interest Income Beginning Balance Sale of Recyclable Material Miscellaneous TOTAL EXPENSES Personnel Operating Capital Transfer to Reserves Debt Service TOTAL DISPOSAL FEES Municipal $ per ton Private $ per ton % INCREASE 1996-97 1997-98 1998-99 1999-00 2000-01 2001-02 $ 9,750,455 $ Z509,000 $ 7,498,000 $ Z122,400 $ Z36Z475 $ 6,755,525 $ 500,000 $ 450,000 $ 500,000 $ 600,000 $ 600,000 $ 1,000,000 $ _ $ $ $ - $ $ 519,000 $ 20,000 $ $ 6,000 $ ~000 $ 10,000 $ 28,000 $ 12,000 $ $ $ 20,000 $ 23,000 $ 21,000 $10,282,455 $ Z959,000 $ 8,004,000 $ 7,748,400 $ 8,000,475 $ 8,323,525 $ 1,372,568 1,270,582 1,306,842 1,343,236 1,388,454 1,393,955 $ 3,242,956 2,502,605 2,460,281 2,435,164 2,574,793 2,780,344 $ 49,500 40,000 10,000 100,000 215,200 $ 2,685,000 1,252,466 1,261,877 1,160,000 1,160,000 1,160,000 $ Z932,431 2,933,347 2,935,000 Z800,000 2,777,228 2,774,026 $10,28Z455 L959,000 8,004,000 .. ~748,400 8,000,475 8,323,525 50 53 53 51 51 42 55 55 55 55 55 55 -1.0% -22.6% 0.6% -3.2% 3.3% 4.0% 2001-2002 BUDGET COMPARISON CATEGORY BOND FY2001-2002 FY 2000-2001 PROJECTION BUDGET BUDGET WASTE GENERATION (Tons) Solid Waste Generated Residential Waste 83,000 95,200 85,400 Commercial Waste 110,100 41,800 47,300 Less: Additional Source Recycling Residential Waste (5,200) 0 0 Commercial Waste (6,900) 0 0 Solid Waste to the System 181,000 137,000 132,700 OPERATING REVENUES Tipping Fee Revenue Requirement $ 12,030,000 $ 6,755,525 $ 7,367,475 Interest Income $ 435,000 $ 1,000,000 $ 600,000 Recycling Income $ $ 49,000 $ 33,000 Beginning Balance $ $ 519,000 $ Total Operating Revenues $ 12,465,000 $ 8,323,525 $ 8,000,475 OPERATING EXPENSES Landfill and Transfer Station $ 3,874,000 $ 2,612,679 $ 2,429,102 Rail Expenses $ 2,153,000 $ 1,381,020 $ 1,234,145 Total Operating Expenses $ 6,027,000 $ 3,993,699 $ 3,663,247 NET REVENUE AVAILABLE for DEBT SERVICE $ 6,438,000 $ 4,329,826 $. 4,337,228 DEBT SERVICE $ 3,553,000 $ 2,774,026 2,777,228 DEPOSITS TO RESERVE ACCOUNTS Closure Fund $ 500,000 250,000 250,000 Renewal and Replacement Funds Equipment Reserves $ 700,000 375,000 375,000 Environmental Contingency Fund $ 130,000 - Host Community Improvement $ 10,000 10,000 10,000 Property Value Protection $ - - - Total Deposits to R & R Fund $ 840,000 $" 385,000 $ 385,000 HOST FEES $ 400,000 $ 400,000 $ 400,000 EXCESS REVENUES $ 1,145,000 $ 520,800 $ 525,000 INDENTURE COVERAGE TEST (.10 minimum) 0.3223 0.1877 0.1890 ADDITIONAL DEPOSITS TO RESERVES Further Site Development $ 920,000 $ 500,000 $ 500,000 Interim and Post Development $ 25,000 $ 25,000 $ 25,000 Recycling $ 200,000 $ $ Total Additional Deposits to Reserves $ 1,145,000 $ 525,000 $ 525,000 SOLID WASTE TIPPING FEES (S/ton) Residential (Municipal) $ 63.61 $ 42.00 $ 51.00 Commercial $ 68.61 $ 55.00 $ 55.00 2001-2002 BUDGET 14 Roanoke Valley Resource Authority March 28, 2001 RESOLUTION # RA 2001-344 A RESOLUTION APPROVING THE AUTHORITY'S ANNUAL BUDGET FOR FISCAL YEAR 2001-2002 AND AUTHORIZING SUBMITTAL OF SUCH BUDGET TO THE GOVERNING BODIES OF THE CHARTER MEMBER USERS FOR APPROVAL BE IT RESOLVED by the Roanoke Valley Resource Authority that: 1. The fiscal year 2001-2002 Annual Budget for the Roanoke Valley Resource Authority as set forth in the reports dated February 28, 2001 and March 28, 2001, as amended, to reduce the tipping fee for Charter Members to $42 and change anticipated revenues accordingly, including $519,000.00 as revenue to be transferred from the General Surplus Fund to the Repair and Replacement Fund as established in the Au~ority's June 1, 1992, Master Indenture of Trust with Crestar Bank, is hereby approved; 2. The Authority Chairman or Vice Chairman is authorized on behalf of the Authority to submit the fiscal year 2001-2002 Annual Budget and Bond Comparison to the governing bodies of the Charter Member Users, being the County of Roanoke, the City of Roanoke, and the Town of Vinton, for approval in accordance with the requirements of the Roanol~e Valley Resource Authority Members Use Agreement, dated October 23, 1991, as amended. Deborah T. Charles RVRA Board Secretary Mr. Bc, ngtson made a motion to approve Resolution RA 2001-344 to approve the 2001-2002 Annual Budget and auflmrize its submittal to the Charter Member Users for approval, seconded by Ms. Hyatt, and carried by the following recorded vote: AYES: Mr. Anderson, Mr. Bengtson, Mr. Goodman, Ms. Green, Ms. Hyatt, Mr. Porterfield Mr. Robinson NOES: None ABSENT: None T OWN 0 F, VINTON 311 So. Pollard Street VlNTON, VlRGII~ 24179-2531 PHONE (540~!~34607 FAX (MO) 983-0621 April 19, 2001 Carolyn S. Ross Admin. Assr/Town Clerk Allan C. Robinson, .Ir., Chairman Roanoke Valley Resource Authority ! 020 Ho!fins Rd. Roanoke, Virginia 24012 Re: Roanoke Valley Resource Authority 2001-2002 Annual Budget Dear Mr. Robinson: This correspondence is written to advise that the Vinton Town Council adopted attached Resolution No. 1326, approving the Roanoke Valley Resource Authority's 2001-2002 Annual Operating Budget in the total amount 0/'$8,323,525, as approved by the Roanoke Valley Resource Authority on March 28, 2001. This action was taken by Council during their regular meeting of Tuesday, April 17, 2001. If we can be of further assistance, please do not hesitate to contact me. Sincerely, Carolyn S. Ross Admin. Asst./Town Clerk csr CC: John R. Hubbard, CEO, RVRA Mary F. Parker, CMC, Clerk, Roanoke City Council Mary H. Allen, CMC, Clerk, Roanoke County Board of Supervisors Office of the City Manager April 16, 2001 Honorable Ralph K. Smith, Mayor, Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Fiscal Year 2001-02 Recommended Budget Please reserve space on City Council's regular agenda for Monday, April 16, 2001, for presentation of the Fiscal Year 2001-02 Recommended Budget. Respectfully submitted, Darlene L. Bum am City Manager DLB:ca c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance 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 R O/tNOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 18, 2001 File #24-468 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35273-041601 amending certain sections of the Code of the City of Roanoke (1979), as amended, in connection with the Carvins Cove Natural Reserve. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh 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 The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agendas 2001\Corresl~ April 16, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 pc: The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable District Court The Honorable District Court The Honorable Court The Honorable Court Julian H. Raney, Jr., Chief Judge, General District Court 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 John B. Ferguson, Chief Judge, Juvenile and Domestic Relations Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations Philip Trompeter, Judge, Juvenile and Domestic Relations District Joseph P. Bounds, Judge, Juvenile and Domestic Relations District 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 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development Martha P. Franklin, Secretary, City Planning Commission Michael R. Meise, Law Librarian William M. Hackworth, City Attorney Michael McEvoy, Director of Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department James Grigsby, Chief, Fire/EMS A. L. Gaskins, Chief, Police Department Barry L. Key, Director of Management and Budget H:~Agendas 2001\Corresl~ April 16, 2001 .wpd IN THE COU~WC[L OF THE CITY OF ROANOKE, VIRGFNIA, The 16th day of April, 2001. No. 35273-041601. AN ORDINANCE amending and reordaining Sec. 35-1, Rules and regulations for operation of water department, of Division I, Generally, of Article I, In General; Sec. 35-14, Application of article; definition, Sec. 35-15, Violations of article, Sec. 35-16, Designation and use of restricted area, Sec. 35-17, Designation and general use of recreational area, Sec. 35-19, Commercial activities, Sec. 35-20, Entering or remaining in watershed area prohibited during certain hours, Sec. 35-22, Fishing, Sec. 35-23, Swimming prohibited, Sec. 35-24, Picnicking, Sec. 35-25, Fires generally, Sec. 35-26, Smoking or lighting flame on pier, Sec. 35-27, Littering, Sec. 35-28, Domestic animals not to run at large, and Sec. 35-30, Possession or discharge of firearms, of Division 1, Generally, of Article II, Carvins Cove Area; Sec. 35-42, Generally, Sec. 35-43, City not responsible for boats, Sec. 35-44, Boat permits and certificates, Sec. 35-46, Limitation on length of boat and size of motor, Sec. 35-47, Metal boats to have adequate air chambers, Sec. 35-50, Mooting; dockage space, and Sec. 35-56, Operation of boat at night, of Division 2, Boating, of Article II, Carvins Cove Area; adding a new section to be entitled Sec. 35-29, Hiking, biking and horseback tiding, of Division 1, Generally, of Article II, Carvins Cove Area; and repealing Sec. 35-57, Special boating privileges, of Division 2, Boating, of Article II, Carvins Cove Area, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, to provide for the renaming of the Carvins Cove area, to permit additional uses of the Carvins Cove area, to regulate such uses to ensure the protection of the potable water supply for the general public's health, safety and welfare; 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. Section 35-1, Rules and regulations for operation of water department, of Division [, Generally, of Article I, In General; Sec. 35-14, Application of article; definition, Sec. 35-15, Violations of article, Sec. 35-16, Designation and use of restricted area, Sec. 35-17, Desianation and general use of recreational area, Sec. 35-19, Commercial activities, Sec. 35-20, Entering or remaining in watershed area prohibited during certain hours, Sec. 35-22, Fishing, Sec. 35-23, Swimming prohibited, Sec. 35-24, Picnicking, Sec. 35-25, Fires generally, Sec. 35-26, Smoking or lighting flame on pier, Sec. 35-27, Littering, Sec. 35-28, Domestic animals not to run at large, and Sec. 35-30, Possession or discharge of firearms, of Division 1, Generally, o fArticle II, Carvins Cove Area; Sec. 35-42, Generally, Sec. 35-43, CiW not responsible for boats, Sec. 35-44, Boat permits and certificates, Sec. 35-46, Limitation on length of boat and size of motor, Sec. 35-47, Metal boats to have adequate air chambers, Sec. 35-50, Mooring; dockage space, and Sec. 35-56, Operation of boat at night, of Division 2, Boating, of Article II, Carvins Cove Area; adding a new section to be entitled Sec. 35-29, Hiking, biking and horseback riding, of Division 1, Generally, of Article II, Carvins Cove Area; and repealing Sec. 35-5'/, Special boating privileges, of Division 2, Boating, of Article II, Carvins Cove Area, of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, are amended and mordained to read and provide as follows: ARTICLE I. IN GENERAL Sec. 35-1. Rules and regulations for operation of water division. Rules and regulations govemin§ the operation of the city's water division shall be established by resolution of the city council. ,ARTICLE II. CARV1NS COVE NATURAL RESERVE DIVISION 1. GENERALLY Sec. 35-14. Application of articte; definition. (a) The provisions of this article shall apply to the Carvins Cove Natural Reserve, subject to the rights reserved to the city and the restrictions placed on the city in the Grant of Easement dated September 17, 1998, between the City of Roanoke and the United States of America to provide for a portion of the Appalachian National Scenic Trail. (b) Unless indicated to the contrary, the term "Carvins Cove Natural Reserve," as used in this article, shall mean all of the land, and land under water, owned by the city, situated partly in the County of Roanoke and partly in the County of Botetourt, and extending beyond the watershed of Carvins Creek, containing approximately twelve thousand (12,000) acres. Sec. 35-15. Violations of article. Any person who shall violate any of the provisions of this article shall be guilty of a Class 2 misdemeanor, unless otherwise indicated. In addition to any fine imposed for any violation, all permits issued to such person under the provisions of this article shall be forfeited, and such person shall be required to obtain new permits before again enjoying the recreational privileges of the Carvins Cove Natural Reserve. Sec. 35-16. Designation and use of restricted area. That part of the Carvins Cove Natural Reserve situated immediately above and within approximately five hundred (500) feet of the dam, including land and water, shall be a permanent restricted area and the boundaries thereof suitably marked. These boundaries may be reasonably extended or contracted, from time to time, in the discretion of the city manager. The establishment of this restricted area is for the specific purpose of safeguarding the city's water supply. However, the dam may be visited by persons on foot only for the purpose of obtaining general views of the dam and adjoining area. Employees of the city, when engaged in the performance of their duties, may visit the restricted area at any time. Sec. 35-17. Designation and general use of recreational area. (a) That part of the Carvins Cove Natural Reserve beyond the restricted area, as defined in section 35-16, is hereby designated as a recreational area, to be enjoyed by the general public under the supervision of the city manager, and in accordance with the rules and regulations contained in this article. The recreational area shall be visited and departed from via Virginia state routes designated as Nos. 648 and 740 (via Bennett Spring). Sec. 35-18. Temporary suspension (a) All recreational privileges permitted in the Carvins Cove Natural Reserve may be temporarily discontinued by the city manager to preserve the safety of the water supply; or (b) Whenever climatic or other conditions cause the Carvins Cove Natural Reserve, or any part thereof, to become hazardous for recreational purposes in the opinion of the city manager, the city manager may close the area, or the part thereof rendered hazardous, until such hazardous conditions terminate or are abated. Sec. 35-19. Commercial activities. No person shall engage in any commercial (for profit) activity within the Carvins Cove Natural Reserve. Sec. 35-20. Entering or remaining in watershed area prohibited durin~ certain hours. (a) No person shall go upon, or remain upon, any part of the Carvins Cove Natural Reserve between 10:00 p.m. and 6:00 a.m. from April 1 through October 31 of any calendar year, and no person shall go upon, or remain upon, any part of the Carvins Cove Natural Reserve between 7:00 p.m. and 8:00 a.m. from November 1 through March 31 of any calendar year. (b) This section shall not apply to city employees when engaged in the performance of their duties. Sec. 35-21. Contamination, etc., of watershed area. No person shall endanger, contaminate or pollute the Carvins Cove National Reserve. Sec. 35-22. Fishing. (a) It shall be lawful for all persons who comply with this article and the laws of the state to fish within the Carvins Cove Natural Reserve between 6:30 a.m. and 9:30 p.m. fi.om April ! through October 31 of any calendar year, and 8:30 a.m. and 6:30 p.m. from November 1 through March 31 of any calendar year, without paying any fee to the city for the privilege of fishing during those hours. 4 (b) Fishing shall be permitted in the Carvins Cove Natural Reserve from boats, from the shore and, when established, from fishing piers, but not from boat piers or within the boat docks. No fish, of any kind, taken from the waters of the area shall be sold or bartered. (c) No aquatic bait, including but not limited to minnows or other fish, crayfish or frogs, shall be used in fishing in the Carvins Cove Natural Reserve. No aquatic bait containers shall be in the possession of any person in the Carvins Cove Natural Reserve. Sec. 35-23. Swimming prohibited. It shall be unlawful for any person to swim, wade or bathe in the reservoir, or in any stream flowing into the reservoir within the Carvins Cove Natural Reserve. Sec. 35-24. Picnicking. Picnicking shall be permitted in designated areas only. Sec. 35-25. Fires generally. No person shall light any fire within the Carvins Cove Natural Reserve, except charcoal fires may be lit in charcoal grills provided by the city for such purpose. Sec. 35-26. Smoking or lighting flame on pier. No person shall smoke or light any flame on a boat pier in the Carvins Cove Natural Reserve. Sec. 35-27. Littering. No person shall deposit or leave any garbage, rubbish or trash in the Carvins Cove Natural Reserve, except in receptacles provided therefor. Sec. 35-28. Domestic animals not to run at large. It shall be unlawful for any person to permit any dog or other domestic animal owned by him or under his control to mn at large within the Carvins Cove Natural Reserve. 5 Sec. 35-30. Possession or discharge of firearms. No person shall enter or remain upon any portion of the Carvins Cove Natural Reserve while in possession of firearms; nor shall any person discharge any firearm within the area, except when authorized by the city manager for the purpose of controlling an animal population which threatens the quality of the water supply. DIVISION 2. BOATING Sec. 35-42. Generally. Boating shall be permitted on the reservoir whenever the area is open for recreational purposes within the limits set forth in the provisions of this division. Sec. 35-43. City not responsible for boas. The city shall not be liable, in any manner, for the safety of boats placed in the reservoir or left in the Carvins Cove Natural Reserve, nor for their theft or damage. Sec. 35-44. Boat permits and certificates. (a) No person shall place a boat upon the reservoir, either for regular or temporary use, without first securing a permit for such boat from the city manager. Application for such permit shall be filed on a form provided for the purpose. Such application shall be accompanied by a permit fee in such amount as is prescribed by the city council. Permits shall be issued only for boats owned by residents of the City of Roanoke, City of Salem, Town of Vinton, Roanoke County, Bedford County or Botetourt County. Applicants for permits may be required to provide proof of residency and to certify that the boat for which the permit is applied has not been in any waters other than Carvins Cove Natural Reserve in the twenty-one (21) days immediately preceding the proposed launching at the Carvins Cove Natural Reserve. (c) When in the Carvins Cove Natural Reserve, persons in actual charge of boats shall have their permits available at all times for inspection. (d) The city manager may waive or modify the requirements of this section for boats operated by the city or by any state or federal agency. 6 Sec. 35-46. Limitation on length of boat and size of motor. (a) It shall be unlawful for any person to operate on the reservoir any boat exceeding twenty (20) feet in length or any boat powered by a gasoline boat motor exceeding ten (l 0) horsepower. (b) This section shall not apply to boats operated by city, state or federal employees when such employees are engaged in the performance of their duties.. Sec. 35-47. Metal boats to have adequate air chambers. No metal boat without air chambers adequate for flotation of such boat in the event of capsizing shall be brought on the reservoir at any time. Sec. 35-50. Mooring. (a) No boat shall be left or allowed to remain in the Carvins Cove Natural Reserve overnight. (b) · All boats moored or tied up at piers shall be secured in such a manner as will prevent them from striking or damaging other boats or property. Sec. 35-56. Operation of boat at night. Any person may use, occupy or operate any boat on the waters of the reservoir between 6:30 a.m. and 9:30 p.m. from April 1 through October 31 of any calendar year, and 8:30 a.m. and 6:30 p.m. from November 1 through March 31 of any calendar year, in accordance with all other applicable local, state or federal laws or regulations. Employees of the city, when engaged in the performance of their duties may use, occupy or operate a boat on the water of the reservoir at any time. 2. Division I, Generally, of Article II of Chapter 35, Water, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new section to read and provide as follows: Sec. 35-29. Hiking, biking and horseback riding. Hiking, biking, and horseback riding shall be permitted in only the areas designated by the City Manager for such activities. 3. Section 35-57, Special boating privileges, of Division 2, Boating, of Article [I, Carvins Cove Natural Reserve, of Chapter 35, Water, of the Code of the City of Roanoke (t 979), as amended, and subsections (a) and (d) of Section 35-44, Boat permits and certificates, is hereby REPEALED. 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: \O RD-CA\OCA- Wa~--(Ca~insCo ye) (0~-16-01} 8 Office of the City Manager April 16, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Code Revisions - Carvins Cove Natural Reserve Background: Roanoke City Council adopted the Carvins Cove Land Use Plan on May 15, 2000. Also adopted was an ordinance to amend the City Code permitting certain types of recreational activities at the Carvins Cove Reservoir including: hiking, bicycling, horseback riding, picnicking, fishing, boating and use of gasoline boat motors not to exceed 10 horsepower. Considerations: Additional revisions to the City Code need to be adopted to be congruent with the May 15 ordinance. These revisions are: 1. Article I in general - The City's Water Department has been renamed the City's Water Division. The attached amendment reflects this name change. 2. Article II - Council previously approved changing the name of Carvins Cove to Carvins Cove Natural Reserve as suggested in the Carvins Cove Land Use Plan. The wording in Sections 35-14, 35-15, 35-16, 35-17, 35-19, 35-23, 35-24, 35-25, 35-26, 35-27, 35-28, 35-30, 35-42, 35-43, 35-44, 35-50, 35-57 in the City Code needs to be changed from Carvins Cove to Carvins Cove Natural Reserve. The attached amendment reflects this name change. 3. Section 35-16 - This section of the Code states people can visit the dam at Carvins Cove Natural Reserve via State Route No. 815 for the purpose of obtaining general views of the dam. Parking is prohibited by the Virginia Department of Transportation on State Route 815 and no parking is available at the end of State Route 815. This route needs to be removed as a source for visiting the dam as the attached amendment reflects. 4. Sections 35-70 (a) and (b), 35-22, and 35-56 use the phrase one hour after sunset to one hour before sunrise. This is very confusing when enforcing 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 The Honorable Mayor and Members of Council April 16, 2001 Page #2 sections of the Code during summer and winter months of operation. To clarify these sections of the Code, the specific dates and hours of operation should be defined. The attached amendment reflects these date and time definitions. 5. Section 35-46 - Council previously approved only gasoline motors 10 horsepower and under be used at Carvins Cove Natural Reserve as recommended in the Carvins Cove Land Use Plan. The attached amendment reflects this change. 6. Sections 35-47 and 35-50 - Boats have previously been allowed to remain on the reservoir after hours. This cannot be allowed because of city liability. The attached amendment reflects this change. Recommended Action: Approve policy changes per the attached Code amendments to ensure all sections in the City Code are congruent. Respectfully submitted, City Manager DLB:je Attachment C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance CM01-0035 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk April 18, 2001 File #24-76-166-289 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35274-041601 amending Section 24-97, Possession or consumption of alcoholic beverages, Article IV, Parks, Chapter 24, Public Buildings and Property Generally, Code of the City of Roanoke (1979), as amended, to provide for possession or consumption of alcoholic beverages in Elmwood Park, Century Square at Church Avenue, S. E., across from Fire Station No. 1, Mill Mountain Park, Mountain View and First Union Plaza at Market Street, S. E., adjacent to the Market Square Walkway, and amending the Fee Compendium to reflect a fee of $50.00 for an alcohol permit and a refundable damage/clean-up deposit in the amount of $500.00 for possession or consumption of alcoholic beverages in certain locations in the City. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh 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 - H:~,gendas 2001\Corresp April 16, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 pc: The Honorable Clifford Virginia The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable District Court R. Weckstein, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Julian H. Raney, Jr., Chief Judge, General District Court 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 John B. Ferguson, Chief Judge, Juvenile and Domestic Relations 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 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 George C. Snead, Jr., Assistant City Manager for Community Development Wanda B. Reed, Acting Director, Parks and Recreation A. L. Gaskins, Chief of Police Kenneth S. Cronin, Director, Human Resources Glenn A. Asher, Manager of Risk Management H:~Agendas 2001\Corresp April 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35274-041601. AN ORDINANCE amending and reordaining §24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property_ Generally, of the Code of the City of Roanoke (1979), as amended, by adding new subsections (a) and (b), to provide for possession or consumption of alcoholic beverages in Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1, Mill Mountain Phrk, Mountain View and First Union Plaza at Market Street, S.E., adjacent to the Market Square Walkway; amending the City's Fee Compendium to establish a fee in connection with the City's issuance of an Alcohol Permit and a requirement of posting a refundable deposit; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property_ Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 24-97. Possession or consumption of alcoholic beverages. (a) If any person, in or upon the grounds of any city park, shall take a drink of any alcoholic beverage or have in his possession any alcoholic beverage or any beverage in any container labeled as an alcoholic beverage, he shall be guilty of a Class 4 misdemeanor. As used in this section, the term "alcoholic beverage" shall have the meaning set forth in Section 4.1-100, Code of Virginia (! 950), as amended. (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ("Century Square"), Mill Mountain Park, Mountain View and First Union Plaza at Market Street, S.E., adjacent to the Market Square Walkway ("First Union Plaza"), hereinafter collectively referred to as the "designated park facilities," under the following conditions: (!) Any applicant seeking to serve or permit the consumption of alcoholic beverages in the designated park facilities, shall apply to the city manager for an Alcohol Permit, allowing the possession, consumption, distribution or sale of alcoholic beverages within the designated park facilities. If the Alcohol Permit is issued by the city manager, the applicant shall also obtain all appropriate permits and licenses from the State Department of Alcoholic Beverage Control ("ABC Board"). The issuance of the City's Alcohol Permit shall be conditioned upon the issuance of a permit or license by the ABC Board on the same terms and conditions as the City's Alcohol Permit. A copy of the ABC permit shall be filed with the city manager at least three (3) business days before the first day of the event which is the subject of the City's Alcohol Permit; (2) Only section 501(c), nonprofit organizations, as that term is used and applied in Title 42 of the United States Code, may apply for the City's Alcohol Permit; (3) The applicant shall comply in all respects with all applicable roles, regulations, terms and conditions of the ABC Board, or any permit or license issued by the ABC Board; (4) The city manager shall designate, in writing, the time and place where alcoholic beverages may be possessed, consumed, distributed or sold within the designated park facilities; (6) (7) '(8) (9) (10) No City Alcohol Permit shall be issued which shall allow the possession, consumption, distribution or sale of alcoholic beverages or after 10:00 p.m. of any day; At the time of application, the applicant shall produce written evidence, satisfactory to the city manager, of its status as a section 501(c) nonprofit organization and shall pay the fee for the City Alcohol Permit as set forth in the Fee Compendium as the same is amended from time to time by City Council; No glass containers shall be used to consume alcoholic beverages within the boundaries of the designated park facilities; Each applicant, other than the City of Roanoke Special Events Committee, shall obtain insurance of a type and for an amount acceptable to the Office of Risk Management for the City of Roanoke. The issuance of the City's Alcohol Permit shall be conditioned upon the applicant providing a copy of a certificate of insurance, evidencing appr. opriate and acceptable insurance, at the time of application; Each application shall be accompanied by a refundable deposit as set forth in the fee compendium as amended from time to time by City Council. The refundable deposit shall be for any clean-up necessitated by the applicant's use of the designated park facilities. The determination of whether any clean-up is necessitated by the applicant's use of either of the designated park facilities, and the cost of that clean- up, shall be within the city manager's sole and absolute discretion. The amount of any refund shall be determined within five (5) business days after the last day of an event which is the subject of a City Alcohol Permit, and any refund, or notice of no refund, shall be made as soon as reasonably possible after the five (5) business day period. In the event that the cost of the clean-up exceeds the amount of the refundable deposit, the applicant shall be responsible for the difference; The fee for an Alcohol Permit to allow alcoholic beverages to be consumed on the premises of the designated park facilities, pursuant to this section, shall be as set forth in the Fee Compendium as amended from time to time by the City Council; and (11) The city manager is authorized to make such other rules and regulations not inconsistent with the Code for the City of Roanoke (1979), as amended, or the Code of Virginia (1950), as amended, as may be necessary to govern the use of the premises where alcoholic beverages may be possessed, consumed, distributed or sold. 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 new fee of fifty dollars ($50.00) for an Alcohol Permit pursuant to §24-97(b)(10) of the Code of the City of Roanoke (1979), as amended, and the refundable deposit of five hundred dollars ($500.00) pursuant to §24-97(b)(9) of the Code of the City of Roanoke (1979), as amended. 3. Resolfition No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee and deposit established by this Resolution shall remain in effect until amended by this Council. 5. 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-CA\O-CA-Patks(alcohol) (4-1~ I ) Office of the City Manager April 16, 2001 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Revision to Alcohol Ordinance Background: Special events have become an important asset to the Roanoke community. Many of, these events are held in Roanoke parks or plazas. For certain events, attendance and patron enjoyment are increased when alcoholic beverages are available. City Code {}26-97, Possession or consumption of alcoholic beverages, Article IV, Parks, Chapter 24, Public Buildings and Property, prohibits possessing or drinking alcohol in any City park. The attached ordinance amending {}26-97 would provide for the possession or consumption of alcoholic beverages pursuant to the conditions of a City Manager issued Alcohol Permit for certain specific locations: Elmwood Park, Mill Mountain Park, Century Square, First Union Plaza, and Mountain View. Considerations: Under the revised ordinance, only 501 (c), nonprofit organizations would be allowed to apply for the Alcohol Permit. Issuance of the permit would be conditioned on the applicant also having received a permit or license from the State ABC Board and, providing evidence of appropriate insurance. In addition, the amendment would create a $50.00 fee for the City's issuance of the Alcohol Permit, and require a $500.00 damage/clean-up deposit. Rationale for the inclusion of each of the proposed locations in the amendment is as follows: Elmwood Park is a key festival area for the City. Alcohol is currently served just outside the boundaries o_f~,~e park during some festivals. Enactment of the proposed amendment to .~-97 would allow festival organizers to place the area where alcohol can be consumed closer to the entertainment. (An example is the Taste of the Blue Ridge Blues and Jazz Festival.) 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 April 16, 2001 Page 2 The Discovery Center, located in Mill Mountain Park, when opened, will be available for rental, and with its location in the City's signature park, is an ideal location for small-scale entertainment. Mill Mountain Park is also a desirable location for festivals. Century Square, First Union Plaza, and Mountain View are also great locations for after-hours activities, business functions, and fund raising events. Alcohol is currently being permitted at these three locations because in the past these properties were not considered parks by Parks and Recreation. Recommended Action: Approve the attached ordinance amending and reordaining §24-97, Possession or consumption of alcoholic beverages, Article IV, Parks, Chapter 24, Public Buildings and Property; and, that City Council amend the Fee Compendium to reflect the new fee of fifty dollars ($50.00) for an Alcohol Permit and the refundable damage/clean-up deposit of five hundred dollars ($500.00). Darlene L. Burc~ City Manager DLB:WBR:kaj Attachment C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks and Recreation A. L. Gaskins, Police Chief CM01-0043 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 18, 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. 35275-041601 amending Section 7-2, Recovery of cost when city removes, repairs, or secures unsafe building, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to provide for the recovery of costs when the city removes, repairs or secures buildings, walls, or other structures which might endanger the public health or safety. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, MFP/ssh Enclosure pc: Mary F. Parker, CMC City Clerk 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 The Honorable Robert P. Doherty, Judge;Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agendas 2001\Corresp A,3d116, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable 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 Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. AIbright, 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 James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Director of Planning and Code Enforcement Ronald L. Smith, Acting Building Commissioner Willard N. Claytor, Director, Real Estate Valuation The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable David C. Anderson, City Treasurer H:~Agendas 2001\Corresp Apdl ! ~i 2001 .wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35275-041601. AN ORDINANCE amending Section 7-2, Recovery of cost when city removes, repairs, or secures unsafe building, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to provide for the recovery of costs when the city removes, repairs or secures buildings, walls, or other structures which might endanger the public health or safety; and providing for an emergency. 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 Section 7-2, Recovery of cost when city removes, repairs, or secures unsafe building, of Chapter 7, Building Regulations, to read and provide as follows: Sec. 7-2. Removal, repair, or securement of structures; recovery of costs. (a) The City Manager may require owners of property within the City to remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the City. (b) The City Manager, through City employees or others hired for such purpose, may remove, repair or secure any building, wall or any other structure which might endanger the public health or safety of other residents of the city, if the owner and lien holder of such property, after reasonable notice, and a reasonable time to do so, fail to remove, repair or secure the building, wall or other structure. For purposes of this section, repairs may include maintenance to the exterior of a building to prevent deterioration of the building or adjacent buildings when necessary to protect the public health or safety. (c) For the purposes of this section, reasonable notice shall include a written notice (i) sent by certified or registered mail, return receipt requested, to the last known address of the property owner, and (ii) (d) (e) (g) emergency is published once a week for two successive weeks in a newspaper having general circulation in the city. No action shall be taken by the City Manager to remove, repair or secure any building, wall or other structure for at least thirty (30) days following the later of the return of the receipt or newspaper publication. In the event the City Manager removes, repairs or secures any building, wall or any other structure after complying with the notice provisions of this section, the costs or expenses thereof shall be chargeable to, and paid by, the owner of such property and may be collected by the city as taxes are collected. Every charge authorized by this section with which the owner of any such property has been assessed and which remains unpaid shall constitute a lien against such property ranking on a parity with liens for unpaid local taxes and enforceable in the same manner as provided by law. The director of finance, when in his discretion it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or mamage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. In order to provide for the usual daily operation of the municipal government, an deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H: \O RD-CA\O-CA- DmlaoBo~l~lUl~- 16-01 ) 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: Authority to Demolish, Secure or Repair Buildings Background: The Virginia Building Maintenance Code was revised by the state in September, 2000. Among the changes was the deletion of a Iocality's authority to demolish or board up buildings (except in emergencies), unless the locality has adopted authority under other provisions of the Code of Virginia. The City of Roanoke has authority under Section 15.2-906 of the Code of Virginia to demolish, repair or board up a structure that might endanger pubic health or safety, if the owner does not. The City may recover its costs by billing the property owner and placing a lien against the property. The Code of the City of Roanoke (1979), as amended, needs to be modified to ensure that the City continues to have authority to board up and demolish unsafe structures and perform repairs on unsafe deteriorating structures when the owner does not. Considerations: Unsafe and deteriorated buildings are one of the prime subjects of complaints and detract from the health and vitality of neighborhoods. Without a change in the City Code to reflect the changes in state code, the City would lack authority to demolish, repair, or secure such buildings. 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 April 16, 2001 Page 2 Recommended Action: Amend Section 7-2 of the Code of the City of Roanoke (1979), as amended, to authorize the removal, repair or securing of unsafe structures, as authorized by Section 15.2-906 of the Code of Virginia. Respectfully submitted, Darlene L. Burcl~m City Manager DLB:mpf C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Assistant City Manager for Community Development # CM01-0039 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 April 18, 2001 File #67 STEPHANIE M. MOON Deputy City Clerk Mr. Larry Fitzgerald Cunningham Associates, Inc. Box 240981 Charlotte, North Carolina 28224 Dear Mr. Fitzgerald: I am enclosing copy of Resolution No. 35276-041601, accepting the bid of Cunningham Associates, Inc., in the amount of $636,515.20, for playground equipment and surfacing for nineteen City parks, upon certain terms and conditions, and rejecting other bids received. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development James D. Grisso, Director of Finance D. Darwin Roupe, Director, Department of General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget Wanda B. Reed, Acting Director of Parks and Recreation H:~,gendas 2001\Corresp April 16, 2001 .wpd 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 April 18, 2001 File #67 STEPHANIE M. MOON Deputy City Clerk Mr. David Singletary Bliss Products & Service, Inc. 1906 Stonemill Drive Salem, Virginia 24153 Mr. Ed Hoel Hunter-Knepsheld 2314 Rickde Court Richmond, Virginia 23294 Mr. Joe Fasanella Mid-Atlantic Products 3 Church Circle, Suite 252 Annapolis, Maryland 21401 Gentlemen: I am enclosing copy of Resolution No. 35276-041601, accepting the bid of Cunningham Associates, Inc., in the amount of $636,515.20, for playground equipment and surfacing for nineteen City parks, upon certain terms and conditions, and rejecting other bids received. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 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. Mary F. Parker, CMC City Clerk MFP/ssh Enclosure H:~Agendas 2001\Corresp April 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35276-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Cunningham Associates, Inc., for the provision of playground equipment and surfacing for nineteen (19) City parks, upon terms and conditions, and rejecting other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: I. The bid of Cunningham Associates, Inc., being the most lowest responsive bid received for the provision of playground equipment and surfacing for nineteen (19) City parks, for the total cost of $636,515.20, as more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a unit price contract with Cunningham Associates, Inc., upon form approved by the City Attorney, for the equipment and work listed above, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. 3. Any and all other bids made to the City for the aforesaid equipment and work 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. Office of the City Manager April 16, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Playground Equipment and Surfacing; Bid No. 00-12-74 Background: City Council appropriated Capital Improvement Projects (CIP) funds on August 21, 2000 for replacement of outdated playground equipment in various City parks, including $782,000 to account #008-620-9735-9001. Specifications were developed and, along with an Invitation for Bid, were specifically sent to eleven (11) providers. The bid was publicly advertised in accordance with Chapter 23.1 of the Code of the City of Roanoke. Considerations: Five (5) bids were received. All bids received were evaluated in a consistent manner. Cunningham Associates, Inc., of Charlotte, North Carolina was the Iow responsive and responsible bidder and meets the required specifications with a total cost of $636,515.20 for upgrading nineteen (19) parks per 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 Ralph K. Smith, Mayor, and Members of City Council April 16, 2001 Page 2 Recommended Action: Authorize the City Manager to accept the bid from Cunningham Associates, Inc. for playground equipment and surfacing for nineteen (19) City parks for a total cost of $636,515.20 and reject all other bids. Authorize the Manager of Purchasing to issue the requisite purchase order for the above mentioned items. Respectfully submitted, Darlene L. Burcham City Manager DLB:bdf CZ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks & Recreation Barry L. Key, Manager, OMB Robert L. White, Manager, Purchasing CM01-0052 ATTACHMENT A PARK COST TOTAL Grandin Court RC $20,324.04 Rivers Edge SC $40,515.06 Staunton Park $40,518.22 Strauss Park $31,371.88 Villa Heights Park $31,371.88 Jackson Park $40,518.22 Loudon Park $31,371.88 Piedmont Park $37,255.60 Preston Park $31,371.88 Wasena Park $40,518.22 Fishburn Park $30,516.17 Garden City RC $31,371.88 Huff Lane Park $37,255.60 Thrasher Park $37,255.60 East Gate Park $31,371.88 Fern Park $20,324.04 Highland Park (add to lower) $22,253.03 Washington Park (upper) $40,515.06 Mill Mountain Park $40,515.06 $636,515.20 Roanoke City Parks & Recreation 210 Reserve Avenue, SW MEMO To: Doc Roup~}r From: Wayne T./Wilcox, Parks P~ Subject: Playgrour~d RFQ Date: N~vember/~00 / Please advertise tl~e follo~ng RFQ. who might have an int ee{~.s~n the project¥ /Larry Fitzgerald Cunningham Associates Box 240981 Charlotte, NC 28224 800-438-2780 Shane Edge Playland, Inc. 800-356-4727 ~avid Singleta~ Bliss Products & Se~ice, Inc. 1906 Stonemill Drive Salem, VA 24153 800-248-2547 ~d Hoel Hunter-Knepsheld 2314 Rickde Court Richmond, VA 23294 804-273-0410 Please call, fax or E-mail to discuss. - Wayne H Roanoke, VA 24016 H 540-853-2236 H FAX 540-853-1287 lner / Landscape Architect , ~ ~name~/andntacts fo / vr~endors / VFort Alexander Site Concepts P.O. Box 9309 Chesapeake, VA 23321 S57-465-5701 cott DuBois Southern Playground Equipment Co. P.O. Box 4505 Virginia Beach, VA 23454 800-257-1314 id_Fasanella Atlantic Products 3 Chumh Circle, Suite 252 Annapolis, MD 21401 7800-5~4-7529 All Recreation, Inc. 340 East 5th Street Frederick, MD 21701 800-385-0075 C: Wanda Reed, Acting Director of Parks & Recreation Dan Henry, Acting Superintendent of Parks & Grounds Vic Garber, Superintendent of Recreation 11/7/00, C:~Planning~ClP 2000~1 Playgrounds~,Me6,~-Roupe-RFOl ,doc Page 1 of 2 CITY OF ROANOKE, VIRGINIA BID TABULATION BID# 00-12-74 OPEN DATE: 0t-- g2.-OI DESCRIPTION VENDOR VENDOR VENDOR VENDOR Bliss Products & Hunter-Knepsheld Mid-Atlantic Site concepts Service Inc. Products Villa Heights Park 30,000.00 29,989.30 39,150.00 30,000.00 Alternate 40,000.00 Alternate (3) 39,020.00 Alt. 1 &2 not found Staunton Park 30,000.00 29,868.18 39,300.00 30,000.00 Alternate 40,000.00 Alternate (3) 39.521.00 Alt. 1 &2 not found Strauss Park 30,000.00 29,997.63 39,300.00 30,000.00 Alternate 40,000.00 Alternate (3) 39,627.00 Alt. 1 &2 not found Grandin Court RC Park 20,000.00 16,424.01 24,300.00 17,935.00 Alternate 25,000.00 Alternate (3) 18,312.00 Alt. l&2 not found Rivers Edge SC Park 40,000.00 29,926.63 40,000.00 39,585.00 Alternate 50,000.00 Alternate (3) 50,000.00 Alt. 1 &2 not found TERMS: Net 30 Net 30 Net 30 Net 30 DELIVERY: 4 Weeks 30-65 Days 2-23-01 4-6 Weeks *DENOTES AWARDING OF BID CITY OF ROANOKE, VIRGINIA BID TABULATION BID# 00-12-74 OPEN DATE: JANUARY 22, 2001 DESCRIPTION VENDOR VENDOR VENDOR VENDOR Cunningham Alternate 1 Alternate 2 Alternate 3 Associates Villa Heights Park 29,351.72 29,949.73 30,851.88 36,735.60 Staunton Park 29,939.17 29,996.17 39,969.53 39,998.22 Strauss Park 29,351.72 29,949.73 30,851.88 36,735.60 Grandin Court RC Park 13,546.44 18,215.67 19,639.04 21,568.03 Rivers Edge SC Park 38,667.14 39,995.06 49,985.50 49,944.20 TERMS: DELIVERY: *DENOTES AWARDING OF BID Net 30 30-45 Days 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 April 18, 2001 File #121-472 STEPHANIE M. MOON Deputy City Clerk Mr. Danny R. Kane Kane's Communications Systems, Inc. P. O. Box 914 Salem, Virginia 24153 Dear Mr. Kane: I am enclosing copy of Resolution No. 35277-041601 accepting the bid of Kane's Communications Systems, Inc., for the purchase of portable radios and accessories for the City Sheriff's Office and Jail, in the amount of $165,701.11, upon certain terms and conditions; and rejecting all other bids made for such items. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc~ The Honorable George M. McMillan, City Sheriff Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Department Management and Budget Robert L. White, Manager of Purchasing H:~Agendas 2001\Corresp April 16, 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 April 18, 2001 File #121-472 STEPHANIE M. MOON Deputy City Clerk Mr. Patrick W. Regan Radio Communications Co., Inc. P. O. Box 6630 Roanoke, Virginia 24017 Mr. Robert M. Newman Motorola, Inc. 5142 Norseman Drive Roanoke, Virginia 24019 Mr. Mark W. Cronk Valley Communications 6720 Thirlane Road Roanoke, Virginia 24019 Gentlemen: I am enclosing copy of Resolution No. 35277-041601, accepting the bid of Kane's Communications Systems, Inc., for the purchase of portable radios and accessories for the City Sheriff's Office and Jail, in the amount of $165,701.11, upon certain terms and conditions; and rejecting all other bids made for such items. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 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 equipment. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure H:~Agendas 2001\Corresp April 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35277-041601. A RESOLUTION accepting the bid of Kane's Communication Systems, Inc., for the purchase of portable radios and accessories for the City Sheriff's Office and Jail, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Kane's Communication Systems, Inc., for the purchase of portable radios and accessories as set forth in the City Manager's letter to Council dated April 16, 2001, at a total cost of $165,701.11 is hereby ACCEPTED. 2. The City's Purchasing Manager is hereby authorized and directed to issue the necessary purchase order for the purchase of portable radios and accessories, and the City Manager is' authorized to execute, for and on behalf of the City, any required purchase agreements with respect to the aforesaid portable radios and accessories, such agreements to be in such form as shall be approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid items or alternate items 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. ATTEST: City Clerk. Office of the City Manager April 16, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Portable Radios and Accessories; Bid No. 01-03-16 Background: The City Sheriffs Office and Jail has radio equipment that has served its useful life and is no longer economically advisable to repair. The original portable radios were purchased in 1995 and the repeater in 1985. This equipment is no longer manufactured and repair parts are expensive and difficult to find. The manufacturers of this equipment have advised that once their parts supply is depleted, they will be unable to restock. It is important that this system be replaced because it provides the "man down" security feature for departmental personnel while on duty. Bids were solicited for replacement of this radio system. Considerations: Four (4) bids were received. All bids received were evaluated in a consistent manner. Kane's Communication Systems, Inc., Salem, Virginia was the Iow responsive and responsible bidder and meets the required specifications. Funding is available in account #001-140-3310-9015. 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 Ralph K. Smith, Mayor, and Members of City Council April 16, 2001 Page 2 Recommended Action: Authorize the City Manager to accept the bid from Kane's Communication Systems, Inc. for portable radios and accessories at a cost of $165,701.11 and reject all other bids. submitted, City Manager DLB: bdf C: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance George M. McMillan, City Sheriff Barry L. Key, Manager, OMB Robert L. White, Manager, Purchasing CM01-0041 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us April 18, 2001 File #262-383 STEPHANIE M. MOON Deputy City Clerk Robert Davidson, Telecommunications Director Virginia Department of Information Technology Richmond Plaza Building 110 South 7th Street Richmond, Virginia 23219-3931 Dear Mr. Davidson: I am enclosing copy of Resolution No. 35279-041601, authorizing the purchase of certain services for long distance network service by utilizing the Commonwealth of Virginia's contract with COVANET, under state awarded contract from MCI Worldcom through the State Department of Information Technology, on a month-to-month basis, as set forth in a report of the City Manager dated April 16, 2001. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance D. Darwin Roupe, Director, Department of General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget H:~Ag~da$ 2001\Corresp April 16, 2001 .wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35279-041601. A RESOLUTION authorizing the purchase of certain services for long distance network service by utilizing the Commonwealth of Virginia's contract with a certain vendor; and authorizing the proper City officials to execute the requisite agreements for such service. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The purchase of long distance network service, COVANET, under state- awarded contract from MCI Worldcom through the State Department of Information Technololpj (DIT) is hereby authorized on a month-to-month basis at current rates, as set forth in the City Manaser's letter to Council dated April 16, 2001, at rates less than current rates, and at rates greater than current rates as long as the rates do not increase by more than five (5) percent. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite forms and agreements with the Department of Information Technology, such agreements to be in such form as is approved by the City Attorney. 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 April 18, 2001 File #262-383 STEPHANIE M. MOON Deputy City Clerk Ms. Jane L. Faulkner Business Telecom, Inc. 3140 Chaparal Drive Roanoke, Virginia 24018 Mr. Thomas J. Rine OneStar Long Distance, Inc. 4502 Starkey Road, S. W. Suite 200 Roanoke, Virginia 24014 Dear Ms. Faulkner and Mr. Rine: I am enclosing copy of Resolution No. 35278-041601 rejecting all bids received by the City to provide long distance network service. The above-referenced measure was adopted by the Council of t. he City of Roanoke at a regular meeting which was held on Monday, April 16, 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 service. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure H:~Agendas 2001\Corresp April 16, 2001 .wpd IN THE COUNCIL OF TIlE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35278-041601. A RESOLUTION rejecting all bids to provide long distance network service. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Ail bids received by the City and on file in the Purchasing Department for long distance network service are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for such bids. ATTEST: City Clerk. Office of the City Manager April 16, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Bids for Long Distance Network; Bid No. 01-01-59 Background: The City currently has approximately 2,500 Centrex lines that include the Roanoke School System and City administration. An Invitation for Bid for long distance network was issued on January 26, 2001, as the current contract with OneStar Long Distance, Inc. expired on January 21, 2001. The city is currently operating on a month-to-month contract with this company. Considerations: Two (2) bids were received and evaluated in a consistent manner. Both bids did not meet City specifications as set forth in the Invitation for Bid. Telcom Management Group (TMG) assisted the City bid committee in the evaluation of all responses. TMG has no association with the responding firms. Following the bid committee's evaluation, other alternatives were investigated with regard to long distance networking. The Commonwealth of Virginia has a new COVANET contract for voice and data network. The contract, as procured by the State, provides that local governments may participate. This arrangement has no terms or volume requirements, only necessitating a month-to-month agreement. This would be to our advantage with the industry in constant change and with our current telephone system bid in process. Prices through the State Contract are confirmed at a guaranteed rate until June, 2001, at which time contract prices will decrease. Funding is available in operating accounts to cover the cost of the service. See Attachment A for current rates. 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 Ralph K. Smith, Mayor, and Members of City Council April 16, 2001 Page 2 Recommended Action: 1. Reject all bids received by the City for long distance network services. 2. Authorize the City Manager to sign all necessary forms and agreements with the Department of Information Technology (DIT), a State agency, to use the COVANET service at rates not to exceed the current rates plus five (5) percent. Darl~~neCCL.~~ResPectfull~ submitted, City Manager DLB: bdf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Joe D. Slone, Director of Technology Barry L. Key, Director, OMB Robert L. White, Manager, Purchasing CM01-0055 ATTACHMENT A COVANET VOICE SERVICES RATES Outbound Long Distance and Inbound Tool-Free (800) Domestic Voice (Intrastate and Interstate) Description Dedicated to Dedicated Rate per Minute $0.021380 Dedicated to Switched $0.043829 Switched to Dedicated $0.043829 Switched to Switched $0.066813 Outbound International Rate Per Minute Rate per Minute Calling To Switched Origin Dedicated Origin Canada $0.0962 $0.0962 China $0.9296 $0.9110 France $0.1161 $0.1161 Germany $0.1219 $0.1219 India $0.9236 $0.9033 Japan $0.1448 $0.1448 Russia $0,5736 $0.5736 Spain $0.2437 $0.2437 United Kingdom $0.0919 $0.0919 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon City Clerk Deputy City Clerk April 18, 2001 File #60-217-472 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35280-041601, amending certain sections of the 2000-01 General and Capital Projects Funds Appropriations, appropriating $97,200.00 from the Capital Maintenance and Equipment Replacement Program for certain equipment purchases, maintenance and other one-time priority purchases. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Management and Budget Robert K. Bengtson, Director of Public Utilities Denver D. Roupe, Director of General Services Robert L. White, Manager of Purchasing H:~Agendas 2001 \Corresp April 16, 2001 ,wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35280-041601. 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 Traffic Engineering (1) ........................................ Nondepartmental Transfers to Other Funds (2) ................................... $ 24,2O3,32O 1,549,151 $ 66,232,143 66,769,012 Fund Balance Reserved for CMERP - City (3) ................................. $ 1,653,811 Capital Projects Fund Aooroodations Streets and Bddges $ 26,285,931 Peters Creek Road Street Lighting (4) ........................... 60,000 Revenues Nonoperating $ 3,784,818 Transfers from Other Funds (5) ................................ 3,784,818 1) Maintenance - General Fund 2) Transfers to Capital Projects Fund 3) Reserved for CMERP - City 4) Appropriated from General Revenue 5) Transfer from General Fund (001-530-4160-3050) $ (001-250-9310-9508) (001-3323) (008-530-9771-9003) (008-110-1234-1037) 37,200 60,000 (97,200) 60,000 60,000 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 April 16, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Fund appropriation from Capital Maintenance And Equipment Replacement Program Background: On October 2, 2000, City Council concurred with the funding recommendations for the FY '00-'01 Capital Maintenance and Equipment Replacement Program (CMERP). CMERP is used to fund equipment purchases, maintenance and other one-time priority purchases. Considerations: City Council's approval is required for the appropriation of funds from CMERP to various accounts to allow for the acquisition of items listed on Attachment "A" of this report. All acquisitions will be accomplished in accordance with the City's Procurement Policies, as set out in Chapter 23.1 of the Code of the City of Roanoke, Virginia. 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 Ralph K. Smith, Mayor, and Members of City Council April 16, 2001 Page 2 Recommended Action: City Council approve the budget ordinance to appropriate $97,200.00 to departmental accounts as follows: 1. $60,000.00 to an account in the Capital Projects Fund to be established by the Director of Finance. 2. $37,200.00 to Signal & Alarms Account #001-530-4160-3050. Respectfully submitted, Darlene L. Burcham City Manager DLB: bdf C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Barry L. Key, Director, OMB Robert K. Bengtson, Director, Public Works D. Darwin Roupe, Director, General Services Robert L. White, Manager, Purchasing CM01-0044 Attachment "A" Capital Maintenance and Equipment Replacement Program (CMERP) Recommendation Expenditures - Justification Traffic Engineerinq Street Lighting - Peters Creek Road Lighting - $60,000.00 To provide for street lighting on a portion of Peters Creek extension that did not get included in the original project. Municipal Building - Upgrade to Alarm System - $37,200.00 To provide for the acquisition of an upgrade to the current fire alarm system with fifteen (15) additional audible-visual devices and the replacement of twenty-six (26) audible devices with audible-visual devices Total appropriations requested $97,200.00 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 18, 2001 File #24-110-467-468 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35284-041601 discontinuing certain Council- appointed commissions and committees, and appointments by Council to certain committees. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:ssh Enclosures pc: James D. Grisso, City Council Liaison to the Board of Directors, Center in the Square Warner Dalhouse, Chairman of the Board of Directors, Center in the Square, 1 Market Square, S. E., Roanoke, Virginia 24011 Robert K. Bengtson, Director of Department of Public Works Philip C. Schirmer, City Engineer N:~$KSHl~Agendas 2001\Corresp Apnl 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of Apr±l, 2001. No. 35284-041601. A RESOLUTION discontinuing certain Council-appointed commissions and committees, and appointments by Council to certain committees. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Economic Development Commission established by Resolution No. 26308, adopted on December 13, 1982, is here by discontinued, and such resolution is hereby REPEALED. 2. The Revenue Study Commission established by Resolution No. 19768, adopted July 6, 1971, is here by discontinued, and such resolution is hereby REPEALED. 3. The following committees are hereby discontinued: City Taxes Committee Downtown Housing Task Force Metropolitan Transportation Planning District Study Commission Bid Specifications Committee. 4. City Council hereby discontinues the practice of appointing City representatives to the following: Roanoke Valley Cooperative Study Committee Upper Roanoke River Sub-Area Advisory Committee Center in the Square Board of Directors. ATTEST: H:~MEASURES~i--co~al. 1 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 April 30, 2001 File #110-472 W. Alvin Hudson, Jr., Chair William H. Carder D. Darwin Roupe James A. McClung Barry L. Key Bid Specifications Committee Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 35284-041601 discontinuing the Bid Specifications Committee, which resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment 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 April 30, 2001 File #110-407 Mary H. Allen, Clerk Roanoke County Board of Supervisors 5204 Bernard Drive, S. W. Roanoke, Virginia 24018 Dear Ms. Allen: lam enclosing copy of Resolution No. 35284-041601 discontinuing the Metropolitan Transportation Planning District Study Commission, which resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms 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 April 30, 2001 File #110-79 James D. Grisso Director of Finance Roanoke, Virginia William M. Hackworth City Attorney Roanoke, Virginia Sherman A. Holland Commissioner of the Revenue Roanoke, Virginia David C. Anderson City Treasurer Roanoke, Virginia Gentlemen: I am attaching copy of Resolution No. 35284-041601 discontinuing the City Taxes Committee, which resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment 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 April 30, 2001 File #110-425 James D. Grisso City Representative Center in the Square Board of Directors Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Resolution No. 35284-041601 discontinuing the practice of appointing a City representative to the Center in the Square Board of Directors, which resolution was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Mr. James C. Sears, Executive Director, Center in the Square, Fifth Floor, One Market Square, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of Apr±l, 2001. No. 35284-041601. A RESOLUTION discontinuing certain Council-appointed commissions and committees, and appointments by Council to certain committees. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Economic Development Commission established by Resolution No. 26308, adopted on December 13, 1982, is here by discontinued, and such resolution is hereby REPEALED. 2. The Revenue Study Commission established by Resolution No. 19768, adopted July 6, 1971, is here by discontinued, and such resolution is hereby REPEALED. 3. The following committees are hereby discontinued: City Taxes Committee Downtown Housing Task Force Metropolitan Transportation Planning District Study Commission Bid Specifications Committee. 4. City Council hereby discontinues the practice of appointing City representatives to the following: Roanoke Valley Cooperative Study Committee Upper Roanoke River Sub-Area Advisory Committee Center in the Square Board of Directors. ATTEST: H:'dM EASURESh'..corm'~eaL 1 City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk April 18, 2001 File #24-110-467-468 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35283-041601, amending Article II, Procedure for Election of School Trustees, of Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, by repealing subsection (a) of Section 9-19, Preliminary screening of candidates, to eliminate the requirement of holding a public reception for School Board applicants. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosures 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 The Honorable Robert P. Doherty, Judge;Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agendas 2001\Corresp April 16, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable District Court Julian H. Raney, Jr., Chief Judge, General District Court 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 John B. Ferguson, Chief Judge, Juvenile and Domestic Relations 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 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 H:~gendas 2001\Corresp April 16, 2001 .wpd 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Tho 16th day of Apr±l, 2001. No. 35283-041601. AN ORDINANCE amending Article II, Procedure for Election of School Trustees, of Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, by repealing subsection (a) of {}9-19, Preliminary screening of candidates, to eliminate the requirement of holding a public reception for School Board applicants, and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Article II, Procedure for Election of School Trustees, of Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, is hereby amended by repealing subsection (a) of §9-19, Preliminary_ screening of candidate_q, and such section shall read and provide as follows: §9-19. Preliminary screening of candidates. On or before March 31 of each year, the council, as a committee of the whole, shall, at a regular or special meeting, review and consider all candidates for the position of school trustee. At such meeting, the council shall review all applications filed in accordance with this article for the position of school trustee, and the council may elect to interview candidates for such position. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 18, 2001 File #24-110-467-468 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35282-041601, amending Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by repealing Section 2-300, Water Resources Committee. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosures 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 The Honorable Robert P. Doherty, Judge; Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia H 5Agendas 200 l\Corresp Apn116, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable 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 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 Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator H:~Agendas 2001\Corresp April 16, 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 April 30, 2001 File #24-110-468 Linda F. Wyatt, Chair William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. James D. Grisso Darlene L. Burcham Water Resources Committee Roanoke,. Virginia Dear Committee Members: I am attaching copy of Ordinance No. 35282-041601 discontinuing the Water Resources Committee, which measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment pc: Robert K. Bentgson, Director, Public Works Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35282-041601. AN ORDINANCE amending Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by repealing {}2-300, Water Resources Committee; and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Chapt. er 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees - Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, is hereby amended by repealing §2-300, Water Resources Committee, and such section is hereby REPEALED. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 18, 2001 File #24-110-467-468 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35281-041601, amending Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by repealing Section 2-302, City Investment Committee. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosures 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 The Honorable Robert P. Doherty, Judge,.Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia H:~Agendas 2001 \Corresp April 16, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable 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 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 H:~Agenda$ 2001 \Corresp April 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of Apr±l, 2001. No. 35281-0Z~1601. AN ORDINANCE amending Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, by repealing {}2-302, CiW Investment Committee; and providing for an emergency. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article XIV, Authorities, Boards, Commissions and Committees - Generally, Division II, Permanent Committees, of the Code of the City of Roanoke (1979), as amended, is hereby amended by repealing §2-302, Ci_ty Investment Committee, and such section is hereby REPEALED. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. 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 April 30, 2001 File #110-60-24 The HQnorable Ralph K. Smith Mayor Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia David C. Anderson City Treasurer Roanoke, Virginia Gentlemen: I am attaching copy of Ordinance No. 35281-041601 discontinuing the City Investment Committee, which measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 16, 2001. On behalf of the Mayor and Members of Roanoke City Council, thank you for representing the interests of the City of Roanoke on the City Investment Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Attachment CITY OF ROAN E OFFICE OPaCitY ATIoRNEy 464 MUNICIPAL BUILDING 215 CHUR~,H AVeNU.E,'SWC; ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 WILLIAM M. HACKWORTH FACSIMILE: 540-853-1221 CITY ATTORNEY E-MAIL: cityatty@ci.roanoke.va.u$ April 16, 2001 ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Ci_ty Committees, Commissions, and Appointments Dear Mayor Smith and Members of Council: This is to follow up on Council's directive of April 2, 2001, with regard to the recommendations made by the committee appointed by Council to review and make recommendations regarding restructuring of the City's authorities, boards, commissions, and committees. In order to implement some of these proposals, I have prepared and you will find attached three ordinances and a resolution. One ordinance would discontinue the City Investment Committee and another the Water Resources Committee. Also attached is an ordinance which would change the procedure for electing trustees to the Roanoke City School Board to eliminate the requirement that a public reception be held for School Board applicants. I have also attached a resolution which would discontinue various other committees and appointments made by City Council, including the Economic Development Commission and the Revenue Study Commission, as recommended. Please let me know if you have any questions about any of these measures With kindest personal regards, I am Sincerely yours, William M. Hackworth City Attorney WMH:f Attachments cc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Mary F. Parker, City Clerk H:\COUNCIL\l-hmcommitte. 1 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk April 18, 2001 File #60-102 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35295-041601 amending and reordaining certain sections of the 2000-01 Capital Projects Fund Appropriations, transferring $150,000.00 in connection with a contract with Lanford Brothers Co., Inc., for repairs to four City bridges. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosures pc: Darlene L. Burcham, City Manager D. Darwin Roupe, Director, General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget H 5Agendas 2001 \Corresp ,A,oril 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of April, 2001. No. 35295-041601. 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: Appropriations Streets and Bridges $ 26,375,931 Bridge Maintenance (1) ....................................... 1,058,650 Revenues Nonoperating $ 3,724,818 Transfers from Other Funds (2) ................................ 3,724,818 1) Appropriated from General Revenue 2) Transfer from General Fund (008-052-9549-9003) (008-110-1234-1037) $ 150,000 150,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. 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 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us April 18, 2001 File #60-102 STEPHANIE M. MOON Deputy City Clerk Patrick N. McDaniel, Vice President Lanford Brothers Co., Inc. 122 North Commerce Street Roanoke, Virginia 24019 Dear Mr. McDaniel: I am enclosing copy of Resolution No. 35285-041601 authorizing acceptance of the bid of Lanford Brothers Co., Inc., for repairs to four bridges within the City, in the amount of $151,526.24, 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, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance D. Darwin Roupe, Director, General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget H:~Agendas 2001\Corresp April 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35285-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Lanford Brothers Company, Incorporated, for making various repairs to four bridges within the City, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Lanford Brothers Company, Incorporated, being the only bid received for making various repairs to four bridges within the City for the amount of $151,526.24, as more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a unit price contract with Lanford Brothers Company, Incorporated, upon form approved by the City Attorney, for the work listed above, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. ATTEST: H:'d~:SLR.-Bid-Brid~e Repair (~,) (4-16-02) City Clerk. 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: Bid Committee Report Bridge Repairs 2001 Bid No. 01-02-60 After proper advertising, bids were received for the Bridge Repairs 2001 Project. This project consists of various repairs to four (4) City bridges, Franklin Road over Roanoke River, 13th Street over Tinker Creek, Mason Mill Road over Tinker Creek and Read Road over Norfolk Southern Railway. One (1) bid was received from Lanford Brothers Company, Incorporated, 122 North Commerce Street, Roanoke, Virginia 24019, in the amount of $151,526.24. The construction time was specified as sixty (60) consecutive calendar days. Funding is available in Bridge Maintenance account number 008-052-9549-9003 and Transfer to Capital account number 001-250-9310-9508. Recommended Actions: Accept the above bid and award a unit price contract for the above work with Lanford Brothers Company, Incorporated in the amount of $151,526.24 and 60 consecutive calendar days of contract time. Authorize the City Manager to enter into a contractual agreement for the above work. 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 April 16, 2001 Page 2 Authorize the Director of Finance to transfer $150,000 from Transfer to Capital account number 001-250-9310-9508 to the existing Bridge Maintenance account number 008- 052-9549-9003. Respectfully submitted, William H. Carder W. Alvin Hudson I concur in the recommendation of the Bid Committee and recommend it to you for approval. Respectfully submitted, Darlene L. Burcham City Manager DLB/JGB/bls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services # CM01-0046 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church A~,enue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk®ci.roanoke.va, us April 18, 2001 File # 67 STEPHANIE M. MOON Deputy City Clerk Stanley G. Breakell, President Breakell, Inc. 2314 Patterson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Breakell: I am enclosing copy of Resolution No. 35286-041601 accepting the bid of Breakell, Inc., for ballfield improvements at Wasena Park - Field 2 and Fallon Park, upon terms and conditions, and rejecting other bids received by the City, in the amount of $135,187.00. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance D. Darwin Roupe, Director, Department of General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget Wanda B. Reed, Acting Director of Parks and Recreation H:~Agendas 200 l\Corresp April 16, 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 April 18, 2001 File #67 STEPHANIE M. MOON Deputy City Clerk John E. Hammer, President Martin Brothers, Inc. 2213 Patterson Avenue, S. W. Roanoke, Virginia 24016 Gene D. Lucas, President U. S. Construction Co. of Roanoke 8201-C Williamson Road Roanoke, Virginia 24019 Gentlemen: I am enclosing copy of Resolution No. 35286-041601 accepting the bid of Breakell, Inc., for ballfield improvements at Wasena Park - Field 2 and Fallon Park, upon certain terms and conditions, and rejecting all other bids received by the City, in the amount of $135,187.00. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 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/ssh Enclosure H:~Agendas 2001\Con'esp April 16, 200'i .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35286-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Breakell, Inc., for ballfield improvements at Wasena Park - Field 2 and Fallon Park, upon terms and conditions, and rejecting other bids received. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Breakell, Inc., being the lowest responsive bid received for ballfield improvements at waSena Park - Field 2 and Fallon Park, for the total cost of $135,187.00, as more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The C~ty Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a unit price contract with Breakell, Inc., upon form approved by the City Attorney, for the work listed above, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. 3. Any and all other bids made to the City for the aforesaid equipment and work 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: L~F-5~.- Bid,-Ball field lml~xwe (4-1(~01) April 16, 2001 Office of the City Manager Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bid Committee Report Ballfield Improvements at Wasena Park - Field 2 and Fallon Park Bid No. 01-03-64 City Council appropriated $493,253 of CIP funds on August 21,2000 for renovations to City park softball/baseball fields. Phase I of this program involves two (2) fields; Wasena Park - Field 2 and Fallon Park. An invitation to bid was publicly advertised in accordance with Chapter 23.1 of the Code of the City of Roanoke. Three (3) bids were received on Tuesday, April 3, 2001 with Breakell, Inc., 2314 Patterson Avenue, S.W., Roanoke, Virginia 24015, submitting the Iow responsive and responsible bid in the amount of $135,187 ($129,859 for the Base Bid and $5,328 for Additive Bid Item No. 2 - to provide an 8 ft. wide warning strip at the base of the outfield fencing for both fields) for renovating the two (2) softball fields. Total funding required for Phase I will be $145,500. The construction time was specified as fifty (50) consecutive calendar days. The initiation and timely completion of Phase I of this project is crucial to accommodate the upcoming City recreational softball season. Funding is available in the project account (008-620-9737-9001). Recommended Action: Accept the above bid and award a lump sum contract for the above work with Breakell, Inc. in amount of $135,187 and 50 consecutive calendar days of contract time. 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 April 16, 2001 Page 2 Authorize the City Manager to enter into a contractual agreement for the above work. Reject all other bids received. Respectfully submitted, William H. Carder W. Alvin Hudson Philip C. Schirmer I concur in the recommendation of the Bid Committee and recommend it to you for approval. DLBFFWK/bls Attachment C: Respectfully submitted, City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services # CM01-0059 ATTACHMENT 1 TABULATION OF BIDS BALLFIELD IMPROVEMENTS AT WASENA PARK - FIELD 2 AND FALLON PARK BID NO. 01-03-64 Bids were opened by Robert L. White, Manager, Purchasing Department, on Tuesday, April 3, 2001, at 2:00 p.m. Breakell, Inc. $129,859 $5,328 $135,187 Martin Bros. Contractors, Inc. $186,136 $6,758 $192,894 U.S. Construction Co. of Roanoke $158,400 $6,000 $164,400 Office of the City Engineer Roanoke, Virginia April 16, 2001 Phone (540) 345-7309 FAX (540) 345-9469 2314 PATrERSON AVENUE, S.W. P. O. BOX 6414 ROANOKE, VIRGINIA 24017-0414 April 5, 2001 Mr. Robert L. White, Manager, Purchasing Department City of Roanoke 215 Church Avenue, SW, Room 353 Roanoke, VA 24011 Reference: Ballfield Improvements at Wasena Park - Field 2 and Fallon Park Bid No. 01-03-64 Dear Mr. White: This is to confirm all prices set forth in Breakell, Inc.'s bid form on April 3, 2001 for the Ballfield Improvements at Wasena Park - Field 2 and Fallon Park Bid No. 01-03-64 are valid and are inclusive of all liquidated damages and no exceptions taken to bid documents. Sincerely,,,, Presider Providing Design / Build Solutions For Commerce & Industry. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 18, 2001 File #104-184 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35287-041601, confirming your appointment of Rolanda A. Johnson as Assistant City Manager, pursuant to Section 7 of the City Charter, effective May 1,2001. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Rolanda A. Johnson, 4524 Havenwood Drive, Decatur, Illinois 62526 Kenneth S. Cronin, Director of Human Resources HSAgendas 2001\Corresp April 1~, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35287-041601. A RESOLUTION confirming the City Manager's appointment ofRolanda A. Johnson as Assistant City Manager BE IT RESOLVED by the Council of the City of Roanoke that Council hereby confirms the City Manager's appointment communicated to Council by the City Manager's report dated April 16, 2001, ofRolanda A. Johnson as Assistant City Manager, pursuant to §7 of the City Charter, effective May 1, 2001. ATTEST: City Clerk. H: 'uMEAS URES~- app~sistant. 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35288-041601. A RESOLUTION changing the time and place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 7, 2001. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The time and place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m., on Monday, May 7, 2001, in the Council Chamber, at 215 Church Avenue, S. W., is hereby changed to commence at 12:00 Noon, in the Grand Ballroom, Clarion Airport Roanoke, at 2727 Femdale Drive, N. W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same date to be held in City Council Chamber of the Noel C. Taylor Municipal Building, at 215 Church Avenue, S. W., in the City. 2. Resolution No. 34905-070300, adopted July 3, 2000, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to May 7, 2001. ATTEST: City Clerk. COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 16th day of April, 2001, Frank W. Feather was appointed as a member of the Fair Housing Board for a term ending March 31,2004. 2001. Given under my hand and the Seal of the City of Roanoke this 18th day of April, City Clerk H:~gendas 2001~Corresp April 16, 2001 .wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 16th day of April, 2001, Bryan Grimes Creasy was appointed as a member of the Fair Housing Board for a term ending March 31,2004. 2001. Given under my hand and the Seal of the City of Roanoke this 18th day of April, City Clerk H:~Agendas 2001 \Corresp April 16, 2001 .wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 16th day of April, 2001, Nancy J. Canova was reappointed as a member of the Fair Housing Board for a term ending March 31,2004. 2001. Given under my hand and the Seal of the City of Roanoke this 18th day of April, City Clerk H:~Agendas 2001\Corresp April 16, 2001.wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 16th day of April, 2001, Brenda A. Powell was reappointed as a member of the Fair Housing Board for a term ending March 31,2004. 2001. Given unde~ my hand and the Seal of the City of Roanoke this 18th day of April, City Clerk H:~Agendas 2001\Corresp April 16, 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 April 18, 2001 File 110-132-317 STEPHANIE M. MOON Deputy City Clerk David Davis, Chair Special Events Committee 4841 Eden Drive, N. W. Roanoke, Virginia 24012 Dear Mr. Davis: At a regular meeting of the Council of the City of Roanoke which was held on April 16, 2001, Council Member William D. Carder was appointed as City Council's liaison to the Special Events Committee. Sincerely, City Clerk MFP/ssh pc: Shiela Cuadrado, Secretary, Special Events Committee Stephanie M. Moon, Deputy City Clerk H:Wgend~s 2001 \Corresp A~i116, 2001 .wpd M~R-22-O1 14:25 I~ROM:I~O~NOKI~ CITY P~RKS & RISC II]:5408531287 PAGI~ 2,~:~ February 20, 2001 The Honorable Ralph K. Smith and the Honorable Members of Roanoke City Council 215 Church Avenue, S. W., Room 452 Roanoke, VA 24011-1594 Dear Mayor Smith and Council Members: The Roanoke Special Events Committee has grown tremendously since it was appointed in February, 1983. The Roanoke Special Events Committee kindly requests that a Roanoke City Council liaison be appointed to this committee. It would certainly be beneficial to have a member of Council become familiar with the goals and tasks to which we are committed. As this 501(c)3 income tax-exempt organization is funded by corporate event sponsors, as well as the City of Roanoke, it seems appropriate that there would be an active contact between this committee and City Council to enhance the growth and development of the committee. The committee meets the third Tuesday of each month at 5:30 p.m. and is currently meeting in the Department of Parks and Recreation conference room on the second floor. On behalf of the Roanoke Special Events Committee, we appreciate your time and consideration of this request. OFFICE OF SPECIAL EVENTS ._~ 210 Reserve Avenue, S.W. Roanoke, Virginia 2401 (540) 853-2889 Fax (540) 853-1287 e-mai[: shuds0n @ci.r0an0ke.va.us MAR-22-2001 14 Sincerely, David W. Davis, III Chair Roanoke Special Events Committee 54085J128'7 98Y~ P. ~2 Comments by 77rn Goad, president of the £oanoke Educa~7'on Associa~'on, addressed to Roanoke City Council, April l ~, 200~ : Mayor Smith and distinguished members of City Council: Good evening. ! am Tim Goad, president of the Roanoke EducaUon Association. The REA is the professional organization of employees of Roanoke City Schools, working with parents and community to ensure that basic skills, sound values, parent involvement, and positive change remain at the foundaUon of public education in Roanoke City. We come before you this evening to ask your support in the appointment of William E. Skeen, and the re-appointment of Melinda .1. Payne, to the Roanoke City School Board. Melinda Payne's experience as School Board trustee, and most recenUy as chairperson, speaks for itself. Her record has bccn one of forthright honesty and consistency, with high expectaUons of everyone in Roanoke's educational family. She takes a well-reasoned, no-nonsense approach to policy-making and administraUon, and expects the same at every level of the school system. While her interest in serving on the board obviously grew out of having a child attend Roanoke City Schools, it is very clear that her concern is for all of Roanoke's children. She has a panoramic vision of success for the students and educators of Roanoke, and is able to pinpoint that vision when needed. She is a well experienced School Board Trustee whose pure moUves direct her every decision. Bill Skeen, as the parent of three teenage boys, has a thorough understanding of the challenges that students face. And again, as with Melinda Payne, it becomes obvious in talking with Mr. Skeen that his interest is in the success of all the students of Roanoke City Schools. Tn his experience with Total Action Against Poverty, he has seen the faces and shared the concerns of Roanoke's children and families. He holds the community, City Council, the School Board, the school administration, the educators, and parents, accountable for our students' success. But first, he says, "We must conUnue to stress that the ulUmate beneficiary of a good education is the student, and that their success and future depend on their hard work and diligent effort at their studies." Mr. Skeen's grasp on the issues faced by Roanoke's students and educators; his eagerness to collaborate creatively to find soluUons; and his insistence upon open lines of communicaUon; show him to be a well prepared candidate for School Board Trustee. As you continue your deliberaUons unUI May, please keep in mind three key concepts: honesty, fairness, and accountability. Bill Skeen and Nelinda Payne both embody these fundamental characteristics of good leadership, and the students of Roanoke City deserve their benefit. Mayor Smith, Members of City Council, I am Al Martin, a supervisor in the City of Roanoke's 9-1-1 Center and currently Co-President of William Fleming High School PTSA. My wife, Fran and I have served as PTA Co-Presidents of the Preston Park Primary, Oakland Intermediate, Breckinridge Middle School, Stonewall Jackson Middle School and two year terms at William Fleming High School. We are here tonight to urge you to reappoint Mrs. Ruth C. Willson to the Roanoke City School Board for another term. We have worked with Ruth on the School Board's Long Range planning Committee and we know she works very hard, spending many hours encouraging parental involvement and improving communication between parents and school. She has promoted the improvement of our school facilities including the major high school projects. She sincerely has our students at heart and she has a daughter that is a senior at Patrick Henry High School. She has given many years of volunteer service to the school system and her community. Fran and I worked with Ruth when she chaired the 1997 Bond Issue Regional Chamber of Commerce Advantage Roanoke Committee where she promoted public interest and support of the school system. Mayor Smith Members of City Council I am Fran Martin, a retired Roanoke City teacher with 39 years of service. I have worked with Ruth on her board when she served as President of Roanoke City Central Council PTA. She is genuinely sensitive to the needs of all students, teachers, and staff members in our schools. She knows it is abso- lutely essential that the drop out rate be reduced through effective intervent- ion programs and that the education of all students must be a top city wide priority. In our many volunteer hours in and out of a goodly number of our city schools ( I belong and support 7 PTA's), I often meet Ruth just stopping by a school to encourage staff and students or attending Holiday Programs, Reflections Reception, Magnet and Science Fairs, special events, etc - giving her warm smile and kind words. Al and I as Co-Chairmen of Colonel's Theatre Company always know Ruth will be attending Fleming's next drama production and greeting each student with thanks for their many hours of after school practice time. Ruth for the past 20 years has actively supported Roanoke City Public Schools and truly is a valuable asset to our School Board. Therefore we ask you to strongly consider her reappointment for another term on the School Board. Thank you. 04-12-2001 01:45PM Hurt Park EIementarW 540 853 239? P.02 Roanoke i~ducaliou Associstio~ Inc. 3229 Brandon Ave., Suit~ I Roanoke, Va. 24018 ~ affiliate of Virgiuia Education Association and NalionaI Educatio~ Associalion April 11, 2001 Ns. Nelind~ 3. Payne 301 Rutherford Avenue NW Roanoke, Virginia 24016 Dear ~s. Payne: Thank you for your interview with relxesen~tives from the Roanoke Education Association earlier this evening. On behalf of the REA, I am very pleased to speak to City Council on Monday, April 16, in support of your r~aplxintment to the Roanok~ City School Board. Your orasp on the issues faced ~ Roanoke's children, their families and their educators; your no-nonsense al~roach to policy-making and administration; and your call for account~lity at ever), level of the school sysl;em; all are very dear evidence of a well e~perienced and purely motivat~ School Board Trustee. We wish you success in your bid for re-appointment, and look forward to continuing our work tx:xje~ for the future of children and pubtic education in ~m GoaO PreskJe~t c: Mary Parker, Roanoke CRy Clerk APR-12-2001 14:46 540 _a53 239? 950 P.02 04-1~-2001 01:45-PM Hurt Park E]emen~ary 540 B53 2397 P.03 Roanoke Education A~soda~on, Inc. 3229 Brandon Ave., Suite I Roanoke, Va. 2,1018 an affilia~ of virginia Education Asmcia~ion and National l~clucatioa As~a~on ~ 11, 2001 Mr. Wm~m E 9men 2525 Robin kloocl Road SE Roanoke, Vinginia 24014 Dear Mr. Skeen: Thank you for your interview with ~tives from the Rxn~noke Education Association earlier this evening. On behalf of the REA, ! am very pleased to speak to City Council on Monday, April 16, in support of your appoin~t to the Roanoke C'~/School Bean]. Your educators; your willingness to collaborate creaUvety to find solutk~$; and your insi~ on open lines of communication; ~1 ~re ve~ clear evidence ora well We wish you success in your bid for this appoint~ and look forward to working toget[~ with you for the future of children and public education in Tim Goad Preskk, nt c: Mary Parker, Roanoke City Clerk TOTAL P.03 APR-12-2881 14:46 540 855 239? 95% P.03 JOHNSON AYERS '~ ~TTHEWS NO. 5353 P. Kenneth J. Ries 3631 Pear(wood Drive Roanoke, Virginia 24014 540/342-0638 scottries4@ aol .corn April 12, 2001 A.1. VIA FACSIMILE 853-1145 The Honorable Mayor Ralph K. Smith 215 Church Avenue, SW Room 452, Municipal Building Roanoke, Virginia 24011 Dear Mayor Smith: I am writing to strongly recommend the reappointment of Ruth Willson to a second term of service on the Roanoke City School Board. My wife and i are very active in our sons' schools, and my wife currently serves as PTA President at James Madison Middle School. Ruth is someone who personally inspired my wife to volunteer in various leadership roles in Roanoke City Schools, and she has mentored a number of other parents who are now taking responsible and substantive roles in our children's schools. In working tirelessly for the welfare of Roanoke City School children for the last twenty years, Ruth has set quite an example. Ruth Willson is a recognized and credible voice in our community, because she has visited and spent time in each of our neighborhood schools. Her agenda is the development of the best school system for which we can strive, She knows the parents, she has worked to support our teachers, and she has worked on a wide range of committees with many of our administrators. Most impressive is Ruth's range of experience in Roanoke City Schools; I urge you to utilize her firm grasp of our children's needs by appointing her to an additional term on the Roanoke City School Board. She is energetic, purposeful, and she is able to devote herself to make Roanoke City Schools her main vocation. Our current School Board has demonstrated a cohesiveness, a constructive work ethic, and a professional manner in problem-solving. Ruth Willson is an integral part of the Board. The city schools will address many challenging issues in the next three years, but none more important than the renovations of our high schools. Ruth has credibility with parents, which will certainly be crucial in amassing the necessary parent and citizen support for the next Bond Referendum. The Regional Chamber of Commerce selected Ruth Willson to Chair the Advantage Roanoke Committee which successfully promoted the passage of our last Bond Referendum. Let us make use of Ruth Willson's experience and her ability to build consensus on the Board and in the community, to see through the renovations of our high schools in this next crucial time period. Again, I strongly urge the reappointment of Ruth Willson to another term on the Roanoke City School Board. You could not do better. F-d:~-12-2i~1 15: · Kenneth J. Ries ~/ ~ 9132_ 1552 P.01 Rpr 13 O1 12: 1Bp Downtown Roanoke Inc. (540]344-14S2 p.2 Downtown Roanoke Inc. 213 Market Street · Roanoke, ? 24011 · 540-342.2028 · FAX 344.1452 A.J. EXECuTw~; CO~4MI~rEE MARYELLEN F. GOODLATfE Glenn Feldmann Dafoy & Goodlatte DON J, HARRISON Firs! Un,on National Bank Chair-Elect ~1. HELEN BUTLER CaMion Health Syslems Secret~ry MICHAEL E. WARNER N & Vv' P,rope~es Trsasurer & ¥~ce~Cha~r MICHAEL T. DITTRICH VPe~si 1~3{t~ng Company ice-Chai¢ STEPHEN W. LEMON Bd~r Oak fnv'~strrter,~s Vice.Chair G, LOGAN FORSYT'N Cha$. Lunsfo~d Eons & Ass~al~ Y~e-Chai~- ROBERT H. FEI'ZER Building Spec al sis Inc. At-Large SUSAN W, At-Large R. MATrHEw KENNELL DIRECTORS Ore~t~ve I~k Pmmot~r~ MI~CHAEL J. BRUN~TfE Newschanne110 (WS;LS-TV} ROBERT 8. CALLAHAN, JR. 30g First Street VICTOR O. CAR'OWELL Woo~ls Roge~ & Ha~fegrove CYNTHIk $. CASSELL Twist &Turrl$ ELLIS L GUI'SHALL Meridium, JAMES N. HINSON F~rs~ Virginia ~ank-Eouthwes~ CAROL;; J. La De Oa. F, GEOFFREY JENNINGS F/[LLAN POLLARD, C~r~ ~ee! & Company MICHAEL R. RIELEY vetlz, o~ ~ K. BEHGTe,.,-ON City 0t Roar~ke JAIaES C. SEARS C,~raer m the Square BARRY L ;~DGRAS$ Ame'~can ~leclric MANJIT S. TOGA 5hererlz Franklin Crawlord ,.~a/fner, Inc. Francis Reallors GARY D. WALTON Hotel Roanoke & Go~ferer;ce Ce~er DOUGLAS C. WATERS Hollin$ Universe/ MARK W. WOODS Wooo~: Farrrls JO&NN Et: FirSt Union National Batik WILLIAM H. CRRI~ER Roar, oke Oily Council Lia~on April 13, 2001 The Honorable Mayor and Members of City Council 215 Church Avenue Roanoke, VA 24011 Dear Mayor Smith and Members of Council: It is my privilege to write you, not as the President of Downtown Roanoke Inc., but as a resident of this great city to voice my strong support lbr the appointment of William E. Skeen to the Roanoke City School Board. I have known Bill for almost seven years in various capacities including banker, TAP administrator, neighbor, civic leader, fellow father, and friend and can speak first hand about his commitment to make our city a better place to live, learn, and work. Bill always goes the extra mile to help others whether it is his children, his customers, employees, or neighbors and is widely recognized in the business community for his financial savvy and leadership ability. As a parent with two young children in Roanoke City Schools, I believe it is critical to have School Board members with deep mots in the civic and business community so they can bring diverse interests to the board when tough choices need to be made. For all these reasons, I support Bill's application to the School Board without hesitation and ask that you consider appointing this great man to serve his community just one more way for the benefit of us all. Sincerely, Matt Kema¢ll 2201 Hunters Road Roanoke, VA 24015 540 344 1452 ~reater Roanok~ Region P. 02 The Roanoke Times Roanoke, Virginia Affidavit ~ Publication The Roanoke Times CITY OF ROANOKE MUNICIPAL BUILDING ROANOKE VA 24011 C/O CITY MANAGERS REFERENCE: 10153951 01644008 SCHOOL BOARD 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 day of Apr~_200~,. ~tn~.~s ~h~ and official seal._~___~____~__~!__~? , Notary Publi~ My commissio n expires ~3~__~_1. NOTICE OF PUBLIC NEARING AND OF PUBLIC INTERVIEW FOR SCIIOOL BOARD TRUSTEE BEFORE TNE COIINCIL OF TNE CITY'OF ROAHOKE, VIRGINIA The Council of the City of Roanoke will hold a public hearing to receive the views ot citizens regarding appointment of Roanoke City School Board Trustees at 'its regular meeting o6 MOnday, April 16, 2001, at 7:00 p.m., Or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Noel C..Taylor Municipal Building, 215 Church Avenue, S. W. 'Candidates for School Board Trustee positions are: Gary M. Bowman,' Melvin W. Garrett, Melinda J. Payne, William E. Skeen, and Ruth C. Willson. - · ~l'he Council will 'also hold'a* public interview of candidates for the position of School Board Trustee on Thum~y, April. 19, 2001, at 4 00 p.m., in the Roanoke City Coundl Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue,S. W. The public is invited to submit proposecl questions to the candidates by filing such written questions in the City Clerk's Office, Room 456, Noel C. Taylor Municipal Build- ing, 215 Church Avenue,'S. W., by 5:00 p.m., on Thursday, April 12, 2001. NI questions willbe asked l:iy ~the Members of City Council, and Council may ask such proposa(] questions filed with the City Clerk as the Council, in its discretion, deems advisable. The Council will elect two School Board Trustees for two three-year terms of office commencing July 1, 2001, at a regular meeting to be held on Monday, May 7, 2001, al 2:00 p.m., or as soon thereafter as. the matter may be heard, in the Roanoke Cit~ Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W. Mary F. Parker City Clerk PUBLISHED ON: 04/06 TOTAL COST: 476.95 FILED ON: 04/12/01 Billing Services Representative 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 April 18, 2001 File #24-51 STEPHANIE M. MOON Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35289-041601 amending and reordaining Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, by adding a new subsection (9) to Section 36.1-250, Special exception uses, and new subsections (10) and (11), Division 4, Industrial Districts, Article Ill, District Regulations, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing District. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh 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 . H:~Agendas 2001\Corres0 April 16, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 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 Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable 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 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 Edward A. Natt, Attorney, P. O. Box 20068, Roanoke, Virginia 24018-0007 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 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:~Agen~tas 2001\Corresp Apn116, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35289-041601. AN ORDINANCE amending and reordaining §36.1-250, Special exception uses, by adding new subsection (9); and §36.1-270, Permitted uses, by adding new subsections (10) and (11), of Division 4, Industrial Districts, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing District; 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. Section 36.1-250, Special exception uses, and §36.1-270, Permitted uses, of Division 4, Industrial Districts, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 36.1-250. Special exception uses. The following uses may be permitted in the LM district by special exception granted by the board of zoning appeals subject to the requirements of this section: (9) Establishments engaged solely in the rental of automobiles, or the provision ora driver and an automobile on a short-term basis, provided all repair and maintenance of such automobiles available for rental occurs wholly within a building, and there is no sale, or display for sale, of any automobiles at the establishment. Sec. 36.1-270. Permitted uses. The following uses shall be permitted as principal uses in the HM district: (10) Establishments engaged solely in the rental of automobiles, or the provision of a driver and an automobile on a short-term basis, provided all repair and maintenance of such automobiles available for rental occurs wholly within a building, and there is no sale, or display for sale, of any automobiles at the establishment. (11) General service establishments primarily engaged in the repair or maintenance of goods or items, including automobiles, trucks, construction equipment, and the provision of business services, provided that all repair and maintenance activities are wholly enclosed in a building and provided that the gross floor area of all new buildings for such uses is not less than five thousand (5,000) square feet. 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-Zon ng\O-ZC&-Per Uscs-(S¢c. 250 and 270) LM and I-IM Dist. (PH 4-16-01) 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 April 16, 2001 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, VA Dear Members of Council: Subject: Background: Proposed amendments to zoning ordinance to revise language in the LM, Light Manufacturing District, and the HM, Heavy Manufacturing Districts to provide for automobile.rental services and to provide for general service establishments in the HM, Heavy Manufacturing District. On November 7, 2000, Mr. Ed Natt, representing a client at 701 Irvine Street, requested that the zoning ordinance be amended to provide for the provision of business and personal services in the Light Manufacturing District as a permitted use. Similar language was also requested to be included in the HM, Heavy Manufacturing District. (See attached letter.) This request involves a private limousine service that desires to legally operate in an existing building in an industrial area of the Norwich neighborhood. City Council referred the matter to the Planning Commission for study,, report and recommendation. Both Planning staff and the Commission concurred in considering this amendment to the Code. On December 18, 2000, the Planning Commission reviewed proposed amendments, and agreed to consider amendments. Since the Commission's meeting in December, staff revised the proposed amendments to better address the purpose of the requested amendment change -- automobile rental services - and provide for general service establishments and the provision of business services in the HM, Heavy Manufacturing District, as well as the LM, Light Manufacturing District (where it is already permitted). Note that staff is not proposing to add the language "and personal services", as we believe that the proposed amendment better addresses Mr. Natt's issue. These amendments were presented to you at your meeting on February 15, 2001 and the Commission authorized a public hearing for March 15, 2001. The proposed amendments will permit the following uses in the City's industrial districts: 1 Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Establishments involved in the rental of automobiles or the provision of a driver and an automobile on a short-term basis (i.e. taxi and limousine services) in the LM district by special exception and in the HM district as a principal permitted use. No automobile sales will be permitted and all repairs must be inside a building. General service establishments, and the provision of business services, in the HM district as a principal permitted use. (This use is already provided for in the LM district.) The Comprehensive Plan does not address specifically automobile rental services; however, the plan does recommend that because of the limited amount of existing industrially zoned land in the city, that related ordinances should protect these areas by restricting uses to industrial categories. Planning Commission public hearing was held on Thursday, March 15, 2001. Evie Lander presented the staff report on the proposed amendment and stated that staff was recommending approval of amendment. Staff believes that the proposed amendments are consistent with the Comprehensive Plan. The proposed amendments address a public purpose in that these types of land uses can be intensive with respect to parking areas, number of vehicles, and their operations, and they are typically found in industrial areas. There was no one present in the audience either opposed to or in favor of the request. Recommendation: By a vote of 5-0 (Mr. Hill absent), the Planning Commission recommended approval of the proposed amendments to the LM, Light Manufacturing, and HM, Heavy Manufacturing District, regulations as set forth in the attached ordinance. Sincerely, D. Kent Chrisman, Chairman Roanoke City Planning Commission Attachments cc: Assistant City Attorney Edward A. Natt, Attorney 2 CHARLES H. OSTERHOUDT MICHAEL S. FERGUSON EDWARD A. NATT G. STEVEN AGEE MARK D, KIDD KRISTEN KONRAD JOHNSTONE LAW OFFICES OSTEIKHOUDT. FER. GUSON. NATT. ACEE g KIDD: ^ PI~OFESSIONAL COP..POR. ATION '00 ' 'i ©-, ? P. O. BOX 20068 P~OAN O KE, VI R. CIN IA 24018-0007 November 7, 2000 TELEPHONE 540'774-1197 FAX NO. The Honorable Mayor and Members of City Council 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor and Members: Over the last several months, I have discussed with members of the City's planning and zoning staff an amendment of the City's Zoning Ordinance to revise language in the LM (24) General Service Establishments district and to add similar language as a permitted use in the HM Heavy Manufacturing district. The requested language would be as follows: (24) General service establishments primarily engaged in the repair or maintenance of goods or items, including automobiles, tracks, constmction equipment, and the provision of business and personal 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 such uses is not less than five thousand (5,000) square feet. I would appreciate your referring this matter to the planning staff and the Planning Commission for its consideration and recommendation. Respectfully submitted, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. Edward A. Natt EAN/csb pc: Mr. Jim Edgell 5506 Galloway Circle Roanoke, VA 24018 OSTEi~HOU DT. t^w OFFICES FER. CUSON. NATT. 1919 ELECTI~IC KOAO. SUITE P- O. lOX 20068 R. OAN O K.~.. VIK(;INIA 24018-0007 ~ovcmber 7, 2000 AGEE The Honorable Mayor and Members of City Council 215 Church Avenue, SW Roanoke, VA 24011 Dear Mayor and Members: Over the last several months, I have discussed with members of the City's planning and zoning staff an amendment of the City's Zonin~ Ordinance to revise language in the LM (24) General Service Estab~shments district and to add similar language as a pcrmittcd use in the ~ Heavy Manufacturing district. Thc rcqucsted language would be as follows: (24) General service establisl~nents primarily engaged in thc repair or maintenancc of goods or items, including automobiles, trucks, construction equipment, and thc provision of business and personal services, provided all r~pair and maintcnancc activities arc wholly enclosed in a building and provided that the gross floor ar~a of all new buildings for such uses is not less than five thousand (5,000) square feet. I would appreciate your referring this matter to thc planning staff and thc Planniug Commission for its consideration and recommendation. Respectfully submitted, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. EdwardA. Na~ BAN/cab pc: Mr. Jim Edgell 5506 Galloway Circle Roanoke, VA 24018 TOTPI_ P. 02 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 April 2, 2001 File #51 Edward A. Natt, Attorney P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: 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, April 16, 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., that Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, be amended, by adding a new subsection (9) to Section 36.1-250, Special exception uses, and new subsections (10) and (11), Division 4, Industrial Districts, Article III, District Regulations, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing 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. N:~cksrnl\Public Headngs.01~,pd116. 2001 .wpd Edward A. Natt April 2, 2001 Page 2 It will be necessary for you, or your representative, to be present at the April 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure N:\cksml\Public Headngs.01~Apn116, 2001.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, April 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., 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: adding new subsection (9) to {}36.1-250, Special exception uses, and adding new subsections (10) and (11), of Division 4, Industrial Districts, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing 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, April 12, 2001. GIVEN under my hand this 27th day of Iqarch ., 2001. Mary F. Parker, City Clerk. H:\NOTICE\N-Z-RepairServices (PH-4-16-01 ) Please publish twice in the Roanoke Times once on Friday, March 30, 2001 and once on Friday, April 6, 2001. Send publisher's affidavit to: Mary F. Parker City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Edward A. Natt, Attorney P. O. Box 20068 Roanoke, Virginia 24018-0007 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKe!CITY PEANi',ii~ COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, March 15, 2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Proposed amendment of Section 36.1-250, Special exception uses, and Section 36.1-270, Permitted uses, of Division 4, Industrial Districts, of Article III, District Regulations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, to permit certain automobile rental establishments as special exception uses in the LM, Light Manufacturing District, and to permit automobile rental establishments and general service establishments as permitted uses in the HM, Heavy Manufacturing District. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning and Code Enforcement at 853-2344 before 12:00 noon on the Monday before the date of the hearing listed above. Please print in newspaper on Tuesday, Please Bill: Edward A. Natt, Attorney P O Box 20068 Roanoke, VA 24018-0007 (540) 774-1197 February 27, and March 6, 2001 Martha P. Franklin, Secretary Roanoke City Planning Commission Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) NOTICE OF PUBLIC HEARING BEFORE T. hI~E I~, OANOK~E~/'Y PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, February 15, 2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Proposed amendment of Section 36.1-249, permitted uses in the Light Manufacturing District and amendment of Section 36.1-270, permitted use in the HM, Heavy Manufacturing District of the Code of the City of Roanoke (1979), as amended, to provide for automobile rental services. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 1'66, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, January 30 and February 6, 2001 Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, January 18, 2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Proposed amendment of Section 36.1-249 (24), permitted uses in the Light Manufacturing District, regarding general service establishments, and amendment of Section 36.1-270 to add similar language as a permitted use in the HM, Heavy Manufacturing District of the Code of the City of Roanoke (1979), as amended. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, January 2 and 9, 2001 Please bill: Edward A. Natt Osterhoudt, Ferguson, Naif, Agee & Kidd P O Box 20068 Roanoke, VA 24018-0007 Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) The Roanoke Times Roanoke, Virginia Affidavit Of'pub~ication The Roanoke Times zoning/regulations EDWARD A NATT, ATTOR PO BOX 20068 ROANOKE VA 24018 REFERENCE: 80022015 01639969 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: of day Public Commonwealth/State City/County of Roanoke, Virginia. Sworn and subscribed before me this I~~ of Apri~ 2001. Witness my hand and official s e a 1. __~__~___~_~W~__ , N o t a r y commission expires _~_~IT_~0C~__ My PUBLISHED ON: 03/30 04/06 d~y, Apm 16, 2001, ~t 7:00 the mattm' may be beanJ, In Avenue, S.W,, in Older to cofl- (1979), ~ a~. The prbposed ~mendment ~ (~79), ~ ~: ~ ~ ~_~ (9) m ~.1-~, ~ ~ ~ (10) a~ (~, ~ ~ 4, I~ ~, d ~ III, ~ ~, d (19~), ~ ~, m ~ ce~aln automobile renal ~ ~ ~ ~ In NI p~ In In~ ~y ~a~a~ ~ ~ Ma~h, ~ M~ F. ~, .~ ~ (~) TOTAL COST: 294.52 FILED ON: 04/12/01 .................................................. · ........................... Autho ' Slgna , Billing Services Representative 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) 853ol 145 E-mail: clerk@el.roanoke.va, us April 18, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk W. Eric Branscom, Attorney Trumbo & Massey, PLC P. O. Box 448 Fincastle, Virginia 24090 Dear Mr. Branscom: I am enclosing copy of Ordinance No. 35290-041601, permanently vacating, discontinuing and closing public right-of-way, more particularly described as that certain undeveloped portion of Edmund Avenue, N. E., lying adjacent to Official Tax Nos. 3210616-3210620, inclusive, and the undeveloped portion of an alley lying adjacent to Official Tax Nos. 3210701-3210708, inclusive, such alley being parallel to and between Edmund Avenue and Baldwin Avenue, N. E. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, City Clerk MFP/ssh Enclosure H:~,gendas 2001 \Corresp April 16, 2001 .wPd W. Eric Branscom, Attorney April 18, 2001 Page 2 pc: Mr. Eugene B. Ferguson and Mr. Bobby L. Ferguson, 1506 Edmund Avenue, N. E., Roanoke, Virginia 24012 Mr. James Mills, 1538 Baldwin Avenue, N. E., Roanoke, Virginia 24012 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 Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator H:~Agendas 2001\Corresp April 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of Apr±i, 2001. No. 35290-041601. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, Roanoke Valley SPCA and Sandra L. Overstreet filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, ~ode of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on said application by the City Council on April 16, 2001, after due and timely notice thereof as required by {}30-14, Code of the City o fRoanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain undeveloped portion of Edmund Avenue, N.E., lying adjacent to Official Tax Nos. 3210616 through 3210620, inclusive, and the undeveloped portion of an alley lying adjacent to Official Tax Nos. 3210701 through 3210708, inclusive, such alley being parallel to and between Edmund Avenue and Baldwin Avenue, N.E., be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, designating the land within the vacated right-of-way on said subdivision plat as a separate and individual non-buildable lot, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that 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-CLOS\O-Clos-SPCA.Edmund. Baldwin PH 4-16-01 3 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 April 16, 2001 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Roanoke Valley SPCA and Sandra L. Overstreet that an undeveloped portion of Edmund Avenue, N. E., and an undeveloped portion of an alley lying parallel to and between Edmund Avenue and Baldwin Avenue, N. E., be permanently vacated, discontinued and closed. Background: Roanoke Valley SPCA currently operates an animal shelter for the Roanoke Region. The City of Roanoke, as well as some other surrounding localities, presently contracts with the SPCA to provide an impoundment facility for stray animals. The current animal shelter is located within the 100-year flood plain and is inadequate to serve the needs of the area. The SPCA has pursued establishing a new animal shelter for several years. Most recently, the organization has worked with the City of Roanoke, the Town of Vinton, the County of Roanoke, and the County of Botetourt to establish a regional impoundment facility to serve the animal control needs and legal requirements of the participating localities. The impoundment facility would be operated and managed by the SPCA in conjunction with their new animal shelter. The SPCA has a contract to purchase certain properties adjacent to its existing animal shelter for the purposes of constructing a new regional animal shelter and impoundment facility. These properties are presently under consideration for rezoning from LM, Light Manufacturing to HM, Heavy Manufacturing. Currently, the SPCA owns other property adjacent to its existing facility that it previously acquired for expansion. In 1997, the Board of Zoning Appeals issued a special exception permit for expansion of the animal shelter on those properties owned by the SPCA and zoned HM. The additional property under contract for purchase is being acquired to accommodate both an animal shelter and an impoundment facility. A new special exception permit will be required for the proposed new impoundment facility on property under consideration for rezoning. In 1999, by adoption of Ordinance No. 34254-050399, other portions of undeveloped Edmund Avenue and an alley in this same vicinity were closed for the purposes of allowing the SPCA to construct a new animal shelter. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Petition to close the undeveloped right of way on Edmund Avenue and the alley was filed on January 4, 2001. First amended petition to close the right of ways was filed on February 7, 2001. The purpose of the request is to close the undeveloped portions of the street and alley to enable construction of a proposed new animal shelter and animal impoundment facility for regional use. Planning Commission public hearing was held on February 15, 2001. Mr. Eric Branscom, attorney for the petitioners, presented the request. Mrs. Evelyn Lander, Director of Planning, gave the staff report and recommended approval of the requested closures. Considerations: Subject portions of the street and alley are undeveloped. Subdivided lots adjacent to these undeveloped rights-of-way are either owned by the SPCA or under contract for purchase by the SPCA. Existing lots would need to be re- subdivided and combined into one tax parcel to provide appropriate public access. Appalachian Electric Power (AEP) has indicated that there are existing facilities at Edmund Avenue and the alley. They requested that an easement be retained. No other public utilities were identified. An easement for a 20-foot wide pedestrian and bicycle path was previously requested and included as a condition of the right-of-way closure in 1999; however, the easement was not provided because the final location of the facility had not been sited. Petitioners have indicated their continued desire to provide this easement. Petitioners have recommended locating the easement through the previously vacated right-of-way of Edmund Avenue, from 13th Street to the eastern terminus of Edmund Avenue, presently requested for closure (see attached Conceptual Site Plan). Comprehensive Plan recommends that: Development of new commercial or industrial areas in the City should be carefully planned and designed to promote quality development and good land use. Cooperation of Valley governments in addressing issues which impact the larger region should be encouraged. Regional facilities which serve the metropolitan community or provide joint services to areas in need should be encouraged and supported. Review of traffic management systems should be on-going. Transportation systems should be carefully coordinated with adopted land use goals. 2 Recommendation: Planning Commission, by a vote of 4-0 (Messrs. Manetta and Dowe absent) recommended that City Council approve the request to close and vacate subject portions of undeveloped Edmund Avenue, N. E., and the alley subject to the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Said plat shall also dedicate an easement for a twenty- foot wide pedestrian and bicycle trail within the vacated portions of Edmund Avenue from 13th Street, S. W. to its eastern terminus. Upon meeting all other conditions for granting the application, the applicant shall record a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, and index the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk for recording the documents. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file the Clerk's receipt with the Engineer for the City of Roanoke, Virginia, demonstrating that such recording has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission attachments cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney George C. Snead, Assistant City Manager for Community Development Steven J. Talevi, Assistant City Attorney W. Eric Branscom, Attorney for the Petitioners MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk February 8, 2001 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a first amended petition received in the City Clerk's Office on February 7, 2001, from W. Eric Branscom, Attorney, Trumbo & Massey, PLC, representing the Roanoke Valley SPCA, requesting that a portion of an undeveloped street, Edmund Avenue, N. E., and a portion of one undeveloped alley which currently abuts property owned by the Roanoke Valley SPCA, proceeding in a northeasterly direction for approximately 175 feet to the property line that separates parcels of land identified as Official Tax Nos. 3210620 and 3210621; and an undeveloped alley which currently abuts property owned by the Roanoke Valley SPCA and proceeding northeasterly for approximately 350 feet to the property line which separates a parcel of land identified as Official Tax Nos. 3210708 and 3210709, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP/sm Enclosures Melvin L. Hill February 8, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council W. Eric Branscom, Attorney, Trumbo & Massey, PLC, P. O. Box 448, Fincastle, Virginia 24090 Willard N. Claytor, Director, Real Estate Valuation ~ .Ez~elyn D. Dorsey, Zoning Administrator 'Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator VIRGINIA: IN THE couNCIL FoR'THE'CllZY OF ROANOKE IN RE: APPLICATION BY THE ROANOKE VALLEY S.P.C.A. FOR VACATING, DISCONTINUING AND CLOSING OF A PORTION OF ONE UNDEVELOPED STREET (Edmund Avenue) and A PORTION OF ONE UNDEVELOPED ALLEY FIRST AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY OF ROANOKE: The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, and a portion of one continuous alley, located in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30- 14, Code of the City of Roanoke (1979), as amended. These streets and alley are more particularly described on the map attached and as follows: A. CLOSURE OF STREET: From a point located at the "dead-end" of the undeveloped Edmund Avenue, which currently abuts property owned by the Roanoke Valley SPCA and proceeding in a northeasterly direction for approximately one hundred seventy-five feet (175') to the property line which separates a parcel identified by official tax map number 3210620 (currently under purchase option by the SPCA) and a parcel identified by official tax map number 3210621. At this point, a line established perpendicular across the underdeveloped portion of Edmund Avenue would constitute the full extent of the vacation, discontinuance and closure of this portion of Edmund Avenue. B. CLOSURE OF ALLEY: From a point located at the 'dead-end' of a undeveloped alley which is currently abutted by parcels identified by official tax map numbers 3210712 and 3210701 and owned by Sandra Overstreet, and proceeding in a northeasterly direction for approximately three hundred fifty feet (350') to the property line which separates a parcel identified by official tax map number 3210708 (currently under purchase option by the SPCA) and a parcel identified by official tax map number 3210709. At this point, a line established perpendicular across the undeveloped portion of the alley would constitute the extent of the vacation, discontinuance and closure of this portion of the alley. Said alley is noted on the City of Roanoke Tax map as having a ten foot (10') wide right-of-way. The Roanoke Valley SPCA states that the grounds for this application are as follows: 1. The Roanoke Valley SPCA currently owns property abutting the southwestern end of Edmund Avenue and currently operates and animal shelter on said property, with the intention of constructing a new facility. 2. The Roanoke Valley SPCA has recently obtained a purchase option for property abutting both sides of Edmund Avenue, for a distance of Respectfully submitted, ~'W. Er~i~ a~nsCom TRUMBO & MASSEY, PLC P.O. Box 448 Fincastle, Virginia 24090 (540) 473-2781 Counsel for Roanoke Valley SPCA PURCHASER: Roanoke Valley S.P.C.A. P.O. Box 11863 Roanoke, VA 24022 Don Thorne Executive Director Roanoke Valley S.P.C.A. ate SELLER/OWNER: Mrs. Sandra Overstreet 4136 Mudlick Road Roanoke, VA 24018 Date / / / 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 April 2, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk W. Eric Branscom, Attorney Trumbo & Massey, PLC P. O. Box 448 Fincastle, Virginia 24090 Dear Mr. Branscom: 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, April 16, 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 Roanoke Valley SPCA and Sandra L. Overstreet that a certain undeveloped portion of Edmund Avenue, N. E., being parallel to and between Edmund Avenue and Baldwin Avenue, be vacated, discontinued and closed. 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 April 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:sm Mary F. Parker, CMC City Clerk Enclosure N :~cksm 1 \Pu blic Hearings. 01 ~April 16, 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 April 2, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk Mr. Eugene B. Ferguson Mr. Bobby L. Ferguson 1506 Edmund Avenue, N. E. Roanoke, Virginia 24012 Mr. James Mills 1538 Baldwin Avenue, N. E. Roanoke, Virginia 24012 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, April 16, 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 Roanoke Valley SPCA and Sandra L. Overstreet that a certain undeveloped portion of Edmund Avenue, N. E., being parallel to and between Edmund Avenue and Baldwin Avenue, be vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. 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 property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. ~1~'~'Sincerely''g Mary F. Pa~'ker, CMC City Clerk MFP:sm N:~cksml\Pub~ic Headngs.01~Apd116, 2001 .wpd NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That certain undeveloped portion of Edmund Avenue, N.E., lying adjacent to Official Tax Nos. 3210616 through 3210620, inclusive, and the undeveloped portion of an alley lying adjacent to Official Tax Nos. 3210701 through 3210708, inclusive, such alley being parallel to and between Edmund Avenue and Baldwin Avenue, N.E. 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, before Thursday, April 12, 2001. GIVEN under my hand this 27thday of March ,2001. Mary F. Parker, City Clerk. H:\NOTICE\N-SC-SPCA(Edmund - Baldwin) PH 4-16-01 Please publish twice in the Roanoke Times once on Friday, March 30, 2001 and once on Friday, April 6, 2001. Send publisher's affidavit and bill to: Mary F. Parker City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE REQuEsT OF: SPCA and Sandra Overstreet for part of EdmunSJAvenue, ) N.E., and an alley between and parallel to Edmund Avenue ) AFFIDAVIT N.E., and Baldwin Avenue, N.E. ) COMMONWEALTH OF VIRGINIA ) \ TO-WIT: CITY OF ROANOKE ! The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2- 2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 29th day of January, 2001, notices of a public hearing to be held on the 15th day of February,2001 ,on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 3210709 James Mills Mailing Address 1538 Baldwin Avenue, NE Roanoke, VA 24012 3210621 Eugene and Bobby Ferguson 1506 Edmund Avenue, NE Roanoke, VA 24012 3210616 Petitioner(Overstmet) though 3210620 3210712 through 3210722 3210701 though 3270708 3210418 3210433 Petitioner (SPCA) I~/larfh~ P-~r,-, I=r~nlflin 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 8, 2001 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a first amended petition received in the City Clerk's Office on February 7, 2001, from W. Eric Branscom, Attorney, Trumbo & Massey, PLC, representing the Roanoke Valley SPCA, requesting that a portion of an undeveloped street, Edmund Avenue, N. E., and a portion of one undeveloped alley which currently abuts property owned by the Roanoke Valley SPCA, proceeding in a northeasterly direction for approximately 175 feet to the property line that separates parcels of land identified as Official Tax Nos. 3210620 and 3210621; and an undeveloped alley which currently abuts property owned by the Roanoke Valley SPCA and proceeding northeasterly for approximately 350 feet to the property line which separates a parcel of land identified as Official Tax Nos. 3210708 and 3210709, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP/sm Enclosures Melvin L. Hill February 8, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council W. Eric Branscom, Attorney, Trumbo & Massey, PLC, P. O. Box 448, Fincastle, Virginia 24090 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator VIRGINIA: IN THE COU~ILi'FOI~HE;cI~ OF ROANOKE IN RE: APPLICATION BY THE ROANOKE VALLEY S.P.C.A. FOR VACATING, DISCONTINUING AND CLOSING OF A PORTION OF ONE UNDEVELOPED STREET (Edmund Avenue) and A PORTION OF ONE UNDEVELOPED ALLEY FIRST AMENDED PETITION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY OF ROANOKE: The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, and a portion of one continuous alley, located in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30- 14, Code of the City of Roanoke (1979), as amended. These streets and alley are more particularly described on the map attached and as follows: A. CLOSURE OF STREET: From a point located at the "dead-end" of the undeveloped Edmund Avenue, which currently abuts property owned by the Roanoke Valley SPCA and proceeding in a northeasterly direction for approximately one hundred seventy-five feet (175') to the property line which separates a parcel identified by official tax map number 3210620 (currently under purchase option by the SPCA) and a parcel identified by official tax map number 3210621. At this point, a line established perpendicular across the underdeveloped portion of Edmund Avenue would constitute the full extent of the vacation, discontinuance and closure of this portion of Edmund Avenue. B. CLOSURE OF ALLEY: From a point located at the 'dead-end' of a undeveloped alley which is currently abutted by parcels identified by official tax map numbers 3210712 and 3210701 and owned by Sandra Overstreet, and proceeding in a northeasterly direction for approximately three hundred fifty feet (350') to the property line which separates a parcel identified by official tax map number 3210708 (currently under purchase option by the SPCA) and a parcel identified by official tax map number 3210709. At this point, a line established perpendicular across the undeveloped portion of the alley would constitute the extent of the vacation, discontinuance and closure of this portion of the alley. Said alley is noted on the City of Roanoke Tax map as having a ten foot (10') wide right-of-way. The Roanoke Valley SPCA states that the grounds for this application are as follows: 1. The Roanoke Valley SPCA currently owns property abutting the southwestern end of Edmund Avenue and currently operates and animal shelter on said property, with the intention of constructing a new facility. 2. The Roanoke Valley SPCA has recently obtained a purchase option for property abutting both sides of Edmund Avenue, for a distance of o ° approximately one hundred seventy-five feet (175'). The intent of this purchase is to expand existing and future operation at the current location. In doing so, the vacation and abandonment of the undeveloped portion of Edmund Avenue is desirable to provide a contiguous parcel of property for the Roanoke Valley SPCA use. One existing ten foot (10') wide, undeveloped alley, traverses the property which is in the current purchase option, held by the Roanoke Valley SPCA. The abandonment of a portion of this existing alley is necessary to provide a contiguous parcel, of sufficient size, to construct a new facility thereon. Property owners which directly abut the requested street and alley closing includes the following: Roanoke Valley SPCA 1313 Eastern Avenue Roanoke VA 24012 Tax Map #3210418 and 3210433 bo Sandra Overstreet (property currently under purchase option) 4136 Mudlick Road Roanoke VA 24018 Tax Map #3210616 thru 3210620 #3210712 thru 3210722 #3210701 thru 3210708 C° Eugene B. Ferguson Bobby L. Ferguson 1506 Edmund Avenue NE Roanoke VA 24012 Tax Map # 3210621 James Mills 1538 Baldwin Avenue NE Roanoke VA 24012 Tax Map #3210709 WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described street and alley be vacated by the Council for the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, W. Eric Bransco TRUMBO & MASSEY, PLC P.O. Box 448 Fincastle, Virginia 24090 Counsel for Roanoke Valley SPCA 13th STREET x\ f 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 Januaw 5,2001 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on January 4, 2001, from W. Eric Branscom, Attorney, Trumbo & Massey, PLC, representing the Roanoke Valley SPCA, requesting that a portion of an undeveloped street, Edmund Avenue, N. E., and a portion of one undeveloped alley which currently abuts property owned by the Roanoke Valley SPCA, proceeding in a northeasterly direction for approximately 350 feet to the property line that separates parcels of land identified as Official Tax Nos. 3210708 and 3210709, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, City Clerk MFP/ssh Enclosures Melvin L. Hill January 5, 2001 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council W. Eric Branscom, Attorney, Trumbo & Massey, PLC, P. O. Box 448, Fincastle, Virginia 24090 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator VIRGINIA: IN RE: IN THE COUNCIL FOR THE CITY OF ROANOKE APPLICATION BY THE ROANOKE VALLEY S.P.C.A. FOR VACATING, DISCONTINUING AND CLOSING OF A PORTION OF ONE UNDEVELOPED STREET (Edmund Avenue) and A PORTION OF ONE UNDEVELOPED ALLEY TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL FOR THE CITY OF ROANOKE: The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, and a portion of one continuous alley, located in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-1.4, Code of the City of Roanoke (1979), as amended. These streets and alley are more particularly described on the map attached and as follows: A. CLOSURE OF STREET: From a point located at the "dead-end" of the undeveloped Edmund Avenue, which currently abuts property owned by the Roanoke Valley SPCA and proceeding in a northeastern manner for approximately one hundred seventy-five feet (] 75') to the property line which separates a parcel identified by tax map #3210620 (currently under purchase option by (SPCA) and a parcel identified by tax map #3210621. At this point, a tine established perpendicular across the underdeveloped portion of Edmund Avenue would constitute the full extent of the vacation, discontinuance and closure of this portion of Edmund Avenue. B. CLOSURE OF ALLEY: From a point located at the "dead-end" of a undeveloped alley which currently abuts property owned by the Roanoke Valley SPCA, and proceeding in a northeastern manner for approximately three hundred fifty fret (350') to the property line which separates a parcel identified by tax map #3210708 (currently under purchase option y SPCA) and a parcel identified by tax map #3210709. At this point, a line established perpendicular across the undeveloped portion of the alley would constitute the extent of the vacation, discontinuance and closure of this portion of the alley. Said alley is noted on the City of Roanoke Tax map as having a ten foot (10') wide right-of- way. The Roanoke follows: 1. Valley SPCA states that the grounds for this application are as The Roanoke Valley SPCA currently owns property abutting the southwestern end of Edmund Avenue and currently operates and animal shelter on said property, with the intention of constructing a new facility. The Roanoke Valley SPCA has recently obtained a purchase option for property abutting both sides of Edmund Avenue, for a distance of approximately one hundred seventy-five (175'). The intent of this purchase is to expand existing and future operation at the current location. In doing so, the vacation and abandonment of the undeveloped portion of Edmund Avenue is desirable to provide a contiguous parcel of property for the Roanoke Valley SPCA use. One existing ten foot (10') wide, undeveloped alley, traverses the property which is in the current purchase option, held by the Roanoke Valley SPCA. The abandonment of a portion of this existing alley is necessary to provide a contiguous parcel, of sufficient size, to construct a new facility thereon. Property owners which directly abut the requested street and alley closing includes the following: ao Roanoke Valley SPCA 1313 Eastern Avenue Roanoke VA 24012 Tax Map #3210418 and 3210433 bo Sandra. Overstreet (property currently under purchase option) 4136 Mudlick Road Roanoke VA 24018 Tax Map #3210616 thru 3210620 #3210712 thru 3210722 #3210701 thru 3210708 Eugene B. Ferguson Bobby L. Ferguson 1506 Edmund Avenue NE Roanoke VA 24012 Tax Map # 3210621 do James Mills 1538 Baldwin Avenue NE Roanoke VA 24012 Tax Map #3210709 WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described street and alley be vacated by the Council for the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully..submitt~d, IN. Eric Branscom TRUMBO & MASSEY, PLC P.O. Box 448 Fincastle, Virginia 24090 Counsel for Roanoke Valley SPCA 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 01639967 Edmund 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 /~ day of April 2001. Witness my hand and official seal. K~ ~_~ ............ Notary Public My commission expires _~C~ 3~ ~00~ PUBLISHED ON: 03/30 04/06 TOTAL COST: 222.88 FILED ON: 04/12/01 N011C~' O~ PUBLIC H TO WHOM IT MAY ~ Roanoke wIH hold a Public He~drl oa Mondw, ~ tL6, 2001, ~t 7:~ p.m. or, ii dmn bm' In the Murdeipal Ihdldln~ 2t5 Church Aroma, $.W. on and do~e, to the ex~nt ~ c~ ha. any ~ mt.m~ ~n Nos. 3210616 t h~'bdgh 3210620, Inolu~m, ~ ~ttm Nos. 3210701o1 throqgh 32107078, inclusive~ tach Bald~n Avenue, N.E. A copy o~ thh propoaM ii Ii~.. 456, Mun~ ~ for b~$ ~ ~ 353-2~41, before They, MmyF. Parker, (1639967) 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: clcrk@ci.roanokc.va.us April 18, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 35292-041601, permanently vacating, discontinuing and closing certain public right-of-way situate in the City of Roanoke, more particularly described as that certain variable length and width portion of Albemarle Avenue, S. E., which lies west of Williamson Road, S. E., identified as Existing Public Street Right-of-Way to Be Vacated on a survey plat dated November 30, 2000, prepared by the Office of the City Engineer." The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Walters, LLC, 625 Clearwater Avenue, Roanoke, Virginia 24019 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 H:~Agendas 2001 \Corresp Apn116, 2001 .wpd Darlene L. Burcham City Manager April 18, 2001 Page 2 William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator H:~Agendas 2001\Corresp Apdl 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2001. No. 35292-041601. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of- way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading of this ordinance. WHEREAS, City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on said application by the City Council on April 16, 2001, after due and timely notice thereof as required by {}30-14, Code o fthe City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAiNED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain variable length and width portion of Albemarle Avenue, S.E., which lies west of Williamson Road, S.E., identified as "Existing Public Street Right of Way to Be Vacated" on the survey plat dated November 30, 2000, prepared by the office of the City Engineer, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public ir/and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of. cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be 2 landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that the City Manager is authorized to execute, and the City Clerk is authorized to attest, any and all plats, deeds or documents, approved as to form by the City Attorney, necessary to transfer whatever right or rights of ownership the City of Roanoke has in the subject right-of-way to adjacent property owners and to accept the property referenced in the petition filed in this case. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of Section Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 12 of the City City Clerk. H ',ORD-CLOS\O_SC_Aibemalle (City) { PH-4-16-0 I) 4 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 April 16, 2001 The Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the City of Roanoke for the closure and vacation of a certain portion of Albemarle Avenue, S.E. Background: The above-cited portion of Albemarle Avenue, S.E., is located at the southwest corner of the intersection of Albemarle Avenue and Williamson Road, S.E., ( see attached Map A.). The property abutting upon the easterly side of this section of Albemarle Avenue is owned by Walters, LLC. The owner is currently renovating the existing building on the property to establish a new biomedical related business enterprise. The new enterprise, the Excel Prosthetics and Orthotics Center, will design, manufacture and fit artificial limbs for the handicapped. The functional operation of the new center will include and require the construction of a lengthy concrete handicap access ramp that will extend from the easterly side of the existing building, along, and parallel to, the front property line for a distance of 62 feet. Attached to the street side of this ramp will be a series of nine spaced, steel I-beams partially encased in concrete columns. These columned beams, approximately 13 feet in height, will extend from the easterly side of the existing building for a distance of approximately 92 feet (see attached diagram). The completed structure will extend over and into the existing right-of-way of Albemarle Avenue S.E. for a distance of approximately 29 feet. Six of the planned nine columned beams have already been constructed at the site. The City's purpose in closing and vacating this section of Albemarle Avenue S.E., is to provide the owners of the new center with additional land sufficient to facilitate the location and construction of this handicap ramp in exchange for a certain parcel of land that is situated adjacent to the Williamson Road, S.E., right-of-way that is needed by the City as a link to the Mill Mountain Greenway System (see attached survey plat). Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The application was reviewed by the Planning Commission at its regular meeting of March 15, 2001. The City Engineer, Phil Schirmer, presented the application on behalf of the City and explained the need and purpose for the closure and vacation of the described section of Albemarle Avenue, S.E. Ted Tucker presented the report on behalf of staff and recommended approval of the requested closure. Considerations: The subject property is located in an LM, Light Manufacturing District. Section 36.1-254 of the Zoning Ordinance, requires that buildings be set back from the front property line for a minimum distance of 30 feet. The front building line of the existing building at this location runs contiguous with the front property line and the southerly right-of-way boundary of Albemarle Avenue S.E. Under the provisions of Section 36.1-593 (a) of the Zoning Ordinance, the existing building at this location is classified as a "nonconforming structure." A nonconforming structure may be continued so long as the structure is maintained in its then structural condition and is not enlarged or altered in any way that increases its nonconformity. The owner's representative, Building Specialists, Inc., applied for and obtained a building permit that authorized renovations to the interior and exterior of the existing building on the premises. It did not authorize the construction of a new additional structure on the premises. The construction and extension of this new addition to the existing building alon_,g the same front building line constitutes a violation of the Zoning Ordinance. The owner s representative, Building Specialists Inc., has been notified that application must be made to the Board of Zoning Appeals for a variance from the requirements of Section 36.1-593 (a) of the City's Zoning Ordinance. This application has been reviewed by the Department of Public Works and the City Engineer. Closure and vacation of this portion of Albemarle Avenue, S.W., will not affect or have any adverse effect on any adjacent property or owner. Easements will be retained for all existing utilities located within the subject right-of-way. Recommendation: The Planning Commission, by a vote of 5-0 (Mr. Hill absent) recommended that the request thereby recommending that City Council approve the City's application to close and vacate the described portion of Albemarle Avenue S.E.. and authorize the execution of any and all documents necessary to effect the transfer of the subject properties, subject to the following conditions: The City Manager shall execute and the City Clerk shall attest any and all plats, deeds, or documents approved as to form by the City Attorney, necessary to transfer whatever right of ownership the City has in the subject right-of-way to adjacent property owners and to accept the property referenced in the petition filed in this case. 2 o The owner, Walters, LLC., shall apply for, and obtain, a variance from the requirements of Section 36.1-593 (a) of the Zoning Ordinance, from the City Board of Zoning Appeals prior to any further construction or extension of the concrete ramp and prior to the recordation of the subdivision plat, as required in item 3 below. The closure and vacation of the described portion of Albemarle Avenue S.E., shall be subject to the conveyance by Walters, LLC, to the City of Roanoke, of that parcel of land shown on the attached survey plat and described thereon as "Private property to be dedicated for public street purposes." The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right-of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary ERT:mpf Respectfully submitted, D. Kent Chrisman, Chairman Roanoke City Planning Commission attachment cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Phil Schirmer, City Engineer 4 IN THE COUNCIL 'OF THE CITY OF ROANOKE, VIRGINIA APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF A ) PORTION OF ALBEMARLE ) AVENUE AT WILLIAMSON ) ROAD, SE ) APPLICATION FOR CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of Albemarle Avenue, SE, extending in a westerly direction from Williamson Road, SE, permanently' closed pursuant to Sections 15.2-2006, Code of Virginia, 1950 as amended, and Section 30- 14, Code oft he City of Roanoke (1979), as amended. This portion of Albemarle Avenue, SE, is more particularly described as follows: A variable length and width portion of Albemarle Avenue which lies west of Williamson Road, SE, shown on Exhibit A. (2) The adjacent property is owned by Waiters, LLC. As a condition to closure, Petitioner intends to convey the vacated fight-of-way to the adjacent property owner in exchange for the dedication of private property for public street purposes. Closure of this portion of fight-of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described fight-of-way be permanently cl.o.sed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, Code of Virginia, 1950 as amended, and Section 30-14, Code of the City of Roanoke, as amended to date. Respectfully submitted, NIA Darlene L. Burcham City Manager Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Tax Number Walters, LLC 625 Clearwater Avenue Roanoke, VA 24019 4030217 6--'--:- ~ MAP A Z 0 i'- N z Z .a DIAGRAM · EXISTING BUILDING PUBLIC RIGHT-OF-WAY TO'BE VACATED AREA TO BE DEDICATED PUBLIC STREET PURPOSES .~.----~ COLUMNED OF PAVEMENT j t ./ R/W LINE '22 FJgET " ~DGE WILLIAMSON ROAD 0 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 April 2, 2001 File #514 STEPHANIE M. MOON Deputy City Clerk Walters, LLC 625 Clearwater Avenue, N. W. Roanoke, Virginia 24019 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, April 16, 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 the City of Roanoke that a portion of Albemarle Avenue, S. E., extending in a westerly direction from Williamson Road, be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. 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 property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:\cksml\Public Heanngs.01~%t~¥ 16, 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-maih clerk@ci.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk February 5, 2001 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on February 1, 2001, from Darlene L. Burcham, City Manager, representing the City of Roanoke, requesting that a portion of Albemarle Avenue, S. E., extending in a westerly direction from Williamson Road, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP/mth Enclosures Melvin L. Hill February 5, 2001 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: APPLICATION OF THE CITY OF ) ROANOKE FOR CLOSURE OF A ) PORTION OF ALBEMARLE ) AVENUE AT WILLIAMSON ) ROAD, SE ) APPLICATION FOR CLOSING A PUBLIC STREET TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The City of Roanoke ("Petitioner") applies to have a portion of Albemarle Avenue, SE, extending in a westerly direction from Williamson Road, SE, permanently closed pursuant to Sections 15.2-2006, Code of Virginia, 1950 as amended, and Section 30- 14, Code of the City of Roanoke (1979), as amended. This portion of Albemarle Avenue, SE, is more particularly described as follows: A variable length and width portion of Albemarle Avenue which lies west of Williamson Road, SE, shown on Exhibit A. (2) The adjacent property is owned by Walters, LLC. As a condition to closure, Petitioner intends to convey the vacated right-of-way to the adjacent property owner in exchange for the dedication of private property for public street purposes. Closure of this portion of right-of-way will have no adverse effect on any property or owner. (3) A list of the property owners whose lots border or abut the subject street is attached as Exhibit B. WHEREFORE, the City of Roanoke respectfully requests that the above-described right-of-way be permanently closed by the Council of the City of Roanoke in accordance with Sections 15.2-2006, Code of Virginia, 1950 as amended, and Section 30-14, Code of the City of Roanoke, as amended to date. Date: t9,2/0/ /0/ Respectfully submitted, NIA Darlene L. Burcham City Manager l:\WPDOCS\PlanningCom~Albemarle-cls 2 Z 0 0 0 0 38. r- N ZO :~ ITl rtl MAP OF JEFFERSON ~O COMPANY Exhibit "B" LIST OF ADJACENT PROPERTY OWNERS Owner Walters, LLC 625 Clearwater Avenue Roanoke, VA 24019 Tax Number 4030217 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, April 16, 2001, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That certain variable length and width portion of Albemarle Avenue, S.E., which lies west of Williamson Road, S.E. 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), before 12:00 noon on Thursday, April 12, 2001. GIVEN under my hand this 27th day of l~larch .,2001. Mary F. Parker, City Clerk. H:\NOTICE\N-SAC-City (Albemarle) (PH-4-I6-01) Please publish twice in the Roanoke Times once on Friday, March 30, 2001 and once on 'Friday, April 6, 2001. Send publisher's affidavit to: Mary F. Parker City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Philip Schirmer City Engineer 215 Church Avenue, S. W. Roanoke, Virginia 24011 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, March 15, 2001, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Darlene L. Burcham, City Manager, that a portion of Albemarle Avenue, S.E., extending in a westerly direction from Williamson Road, S.E., be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning and Code Enforcement at 853-2344 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, February 27 and March 6, 2001 Please Bill: Office of the City Engineer Room 350, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 853-2731 Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG~ .: .. ~'! ~ PERTAINING TO THE CLOSURE REQUEST OF: '01 City of Roanoke for a portion of Albemarle Avenue, S.E. ) AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 15th day of February 2001, notices of a public hearing to be held on the 15th day of March, 2001, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 4030217 Walters, LLC 625 Clearwater Avenue Roanoke, VA 24019 ' ( Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 15th day of February, 2001. Notary Public My Commission expires: ~'O~~ ~\ ~ ~'~ The Roanoke Times Roanoke, Virginia Affidavit of Publicati°~ The Roanoke Times CITY OF ROANOKE, ENG 215 CHURCH AVE., S.W ROOM 350, MUNICPAL B ROANOKE VA 24011 REFERENCE: 80022630 01639970 State of Virginia City of Roanoke Albemarle Ave 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 _3~.~ day of April. 2001. Witness my hand and official seal.__~_~_~_~ .... , Notary Public My commission expires ~_~7__~_~___~_~ PUBLISHED ON: 03/30 04/06 TOTAL COST: 195.02 FILED ON: 04/12/01 ;;!~E OF PUBLIC HEARING ~am a pemm w~i~ a dts- (053.25A1) ~, before Signa , Billing Services Representative 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 April 18, 2001 File #53-178-540 CIRCUIT COURT STEPHANIE M. MOON Deputy City Clerk The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching a certified copy of Resolution No. 35293-041601 authorizing issuance of Twelve Million Dollars ($12,000,000.00) principal amount of general obligations of the City of Roanoke, Virginia, in the form of general obligation public improvement bonds of such City, the proceeds of which are to be granted by such City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting such authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment Project; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a preliminary officialCstatement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of general obligation public improvement bond anticipation notes in anticipation of the issuance and sale of such bonds; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Pursuant to provisions of Section 11 of Resolution No. 35293-041601, I am required to file a certified copy with the Circuit Court of the City of Roanoke, Virginia, in accordance with Section 15.2-2607 of the Code of Virginia, 1950, as amended. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Attachments H:~Agendas 2001\Corresp April 16, 2001 .wpd The Honorable Arthur B. Crush, III April 18, 2001 Page 2 pc; Donald G. Gurney, Esquire, Hawkins, Delafield and Wood, 67 Wall Street, New York, New York 10005 George B. Pugh, Jr., BB&T Capital Markets, 288 Meeting Street, 2nd Floor, Charleston, South Carolina 29401 Dr. Dennis G. Fisher, President and CEO, Carillon Biomedical Institute, P. O. Box 13727, Roanoke, Virginia 24036-3727 William E. Merkt, Vice-President of Finance and Administration, Carilion Biomedical Institute, 117 Church Avenue, S. W., Roanoke, Virginia 24011 John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017-0359 D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W. Roanoke, Virginia 24014 The Honorable David C. Anderson, City Treasurer Darlene L. Burcham, City Manager James D. Grisso, Director of Finance Philip C. Schirmer, City Engineer Barry L. Key, Director, Department of Management and Budget H :'~,gendas 2301 \Corresp April 16, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of Apr±l, 2001. No. 35293-041601. A RESOLUTION AUTHORIZING THE ISSUANCE OF TWELVE MILLION DOLLARS ($12,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, THE PROCEEDS OF WHICH ARE TO BE GRANTED BY SUCH CITY TO THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY FOR THE PURPOSE OF ASSISTING SUCH AUTHORITY IN PAYING A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT IN THE CITY, KNOWN AS THE SOUTH JEFFERSON REDEVELOPMENT PROJECT; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF' THE ISSUANCE AND SALE OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $12,000,000 principal amount of general obligations of the City in the form of General Obligation Public Improvement Bonds of the City, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority (the "Authority") for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City, know as the South Jefferson Redevelopment Project (the "Project"), and to authorize the issuance of a like principal H:~v~ EASURE S~'-sj ~bonc~.041601 amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of providing funds to be granted by the City to the Authority for the purpose of assisting the Authority in paying a portion of the costs of the Project, the City is authorized to contract a debt and to issue Twelve Million Dollars ($12,000,000) principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as' the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds o.fa given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be approved by subsequent resolution of this Council. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1 (a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be approved by subsequent resolution of this Council. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be approved by subsequent resolution of this Council. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion H:XaMEASURES'~'-sjrpbonda.041601 of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-ilfth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon aa interest payment date, the certificate shall be dated as of such interest payment date; (iii) ifa Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate H:~VIEASURESM-sj ~bonc~.041601 shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. (d) The execution and authentication of the Bonds in the manner Set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books o fregistry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody H:XM EASURES~r-sjrpbond&041601 ofDTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in mm, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof(including any paying agent for the Bonds) by reason of such numbers or any use made thereof(including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. In the case of Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. H:~vlEASURESh'-$jrpbonds.041601 SECTION 7. (a) The Bonds shall be sold at competitive sale on such date or dates and at such price or prices as shall be determined by the Director of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement, a Detailed Notice of Sale and an Official Bid Form relating to the Bonds. The Director of Finance is hereby authorized to receive bids for the purchase of the Bonds; provided, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement'is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement trader the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms, respectively, to-wit: H:~d EASUR~S~'-$jrpboncI&041601 No.R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES MATURITY DATE: INTEREST RATE: 770077 REGISTERED OWNER: : PRINCIPAL SLIM: DOLLARS DATE OF BOND: CUSIP NO.: KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the. Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on ~ach and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case fi:om such interest payment date, or unless such date of authentication is within the period fi:om the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case fi:om such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to be H:~M EAS~-sj ~bonds.041601 granted by the City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting such Authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment Project, and is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or porti6ns thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereofi Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) ~, ~ to , __, ~ to , __ __, __ and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereofi specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mall, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. H:kMEASURES~r-sjrpboncls.041601 Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the day of ,200_. CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Mayor City Clerk City Treasurer H:WIEASURI~b'xr-~ti~onda.~I~I proceedings. This CERTIFICATE OF AUTHENTICATION Bond is one of the Bonds delivered pursuant [ to the within-mentioned ], as Registrar By: Authorized Signatory Date of Authentication: ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please prim or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed Signature of Registered Owner) NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. NOTE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. H:LM EASURESXr-sj~bond..q.041601 SECTION 9. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the Director of Finance. If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. There shall also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or fi.om any other available funds. The sale of such Notes and the form and other details thereof shall be approved, ratified and confn'med by subsequent resolution of this Council. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures fi.om the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. H:'O4 EA SURESt-si q~bon~s.041601 SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: City Clerk. Copy Teste: H :",MF.,A S URES'a'-sj [,pbonds.041601 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of Apr±l, 2001. No. 35293-041601. A RESOLUTION AUTHORIZING THE ISSUANCE OF TWELVE MILLION DOLLARS ($12,000,000) PRINCIPAL AMOUNT OF GENERAL OBLIGATIONS OF THE CITY OF ROANOKE, VIRGINIA, IN THE FORM OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS OF SUCH CITY, THE PROCEEDS OF WHICH ARE TO BE GRANTED BY SUCH CITY TO THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY FOR THE PURPOSE OF ASSISTING SUCH AUTHORITY IN PAYING A PORTION OF THE COSTS OF A REDEVELOPMENT PROJECT IN THE CITY, KNOWN AS THE SOUTH JEFFERSON REDEVELOPMENT PROJECT; FIXING THE FORM, DENOMINATION AND CERTAIN OTHER DETAILS OF SUCH BONDS; PROVIDING FOR THE SALE OF SUCH BONDS; AUTHORIZING THE PREPARATION OF A PRELIMINARY OFFICIAL STATEMENT AND AN OFFICIAL STATEMENT RELATING TO SUCH BONDS AND THE DISTRIBUTION THEREOF AND THE EXECUTION OF A CERTIFICATE RELATING TO SUCH OFFICIAL STATEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF A CONTINUING DISCLOSURE CERTIFICATE RELATING TO SUCH BONDS; AUTHORIZING AND PROVIDING FOR THE ISSUANCE AND SALE OF A LIKE PRINCIPAL AMOUNT OF GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND ANTICIPATION NOTES IN ANTICIPATION OF THE ISSUANCE AND SALE OF SUCH BONDS; AND OTHERWISE PROVIDING WITH RESPECT TO THE ISSUANCE, SALE AND DELIVERY OF SUCH BONDS AND NOTES WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of $12,000,000 principal amount of general obligations of the City in the form of General Obligation Public Improvement Bonds of the City, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority (the "Authority") for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City, know as the South Jefferson Redevelopment Project (the "Project"), and to authorize the issuance of a like principal H:kMEASURESkr-$jrpbonds.041601 amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), for the purpose of providing funds to be granted by the City to the Authority for the purpose of assisting the Authority in paying a portion of the costs of the Project, the City is authorized to contract a debt and to issue Twelve Million Dollars ($12,000,000) principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be approved by subsequent resolution of this Council. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1 (a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be approved by subsequent resolution of this Council. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be approved by subsequent resolution of this Council. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion H:~IEASURES~r-sj~bonds.041601 of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City. shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and premium, if any, and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signatures of the Mayor and City Treasurer of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds. (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one; (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date; (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate H:XMEASURES~r-sjrpbonds.041601 shall be dated as of such interest payment date; and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon whiCh the Bond is authenticated. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and premium, if any, on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange, transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody H:hMEASURE SR-sjrpbonds.041601 of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal, premium, if any, and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal, premium, if any, and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof(including any paying agent for the Bonds) by reason of such numbers or any use made thereof(including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. In the case of Bonds issued hereunder the interest on which is contemplated to be excluded from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. H:~IEASLrp, ES'a'-aj rpbond$.041601 SECTION 7. (a) The Bonds shall be sold at competitive sale on such date or dates and at such price or prices as shall be determined by the Director of Finance. The Director of Finance is hereby authorized to prepare or cause to be prepared a Summary Notice of Sale of the Bonds and to cause such Summary Notice of Sale to be published in The Bond Buyer, a financial journal published in the City of New York, New York, and to prepare or cause to be prepared and distributed a Preliminary Official Statement, a Detailed Notice of Sale and an Official Bid Form relating to the Bonds. The Director of Finance is hereby authorized to receive bids for the purchase of the Bonds; provided, however, that the final details of the Bonds of each series, including the purchase price thereof, the interest rates to be borne thereby and the premium, if any, payable upon the redemption thereof shall be approved by subsequent resolution of this Council. (b) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisors and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934 ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (c) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (d) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 8. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially the following forms, respectively, to-wit: H:XMEA SURESh'-sjrpbonds.041601 No.R- $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA' CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES MATURITY DATE: INTEREST RATE: 770077 REGISTERED OWNER: PRINCIPAL SUM: DOLLARS DATE OF BOND: CUSIP NO.: KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (speci.fied above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), fi:om the date hereof or fi:om the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case fi:om such interest payment date, or unless such date of authentication is within the period fi:om the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case fi:om such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check or draft mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of and premium, if any, on this Bond are payable on presentation and surrender hereof, at the office of , as the Registrar and Paying Agent, in the City of , Principal of and premium, if any, and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to be H:LMEA SURESh'-$j rpbonds.041601 granted by the City to the Roanoke Redevelopment and Housing Authority for the purpose of assisting such Authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment Project, and is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950 (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000 of such maturity to be redeemed shall be selected by lot), upon payment of the following redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof: Redemption Dates (Both Dates Inclusive) Redemption Prices (Percentages of Principal Amount) ., __ to __, __ % __, __ to __, __ , __ and thereafter If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, the premium, if any, payable upon such redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest and premium, if any, payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. H:LMEASURESXr-sjrpbonds.041601 Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and premium, if any, and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, there shall be assessed, levied and collected, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and premium, if any, and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signatures of its Mayor and its City Treasurer; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the day of ., 200_. CITY OF ROANOKE, VIRGINIA (SEAL) ATTEST: Mayor City Clerk City Treasurer H:kMEASURES',r-sj~bonds.041601 proceedings. This CERTIFICATE OF AUTHENTICATION Bond is one of the Bonds delivered pursuant [ to the within-mentioned ], as Registrar By: Authorized Signatory Date of Authentication: ASSIGNMENT FOR VALUED RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING ~ER OF TRANSFEREE the within Bond and all rights thereunder, hereby irrevocably constituting and appointing ., Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed Signature of Registered Owner) NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. NOTE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond in every particular, without alteration or enlargement or any change whatsoever. H:LM EASURESh'-sj rpbonds.041601 SECTION 9. General obligation public improvement bond anticipation notes (the "Notes") are authorized for issuance and sale by the Director of Finance in anticipation of the issuance of the general obligation bonds authorized for issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the Director of Finance. If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 7. There shall also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. The sale of such Notes and the form and other details thereof shall be approved, ratified and confirmed by subsequent resolution of this Council. Bonds in anticipation of which such Notes are issued pursuant to this Section 9 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 10. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Intemal Revenue Code of 1986. SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. H:LM EASURESh'-sj rpbonds,041601 SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ATTEST: City Clerk. H:",M EA SURESh'-$j rpbonds.041601 JAMES D. GRISSO Director of Finance April 16, 2001 CITY'OF ROANOKE DEPARTMENT Oy ~FI~ N,~NCE 215 Churc~ ~venue, S.W., Ro~rn'4~l R O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-2940 JESSE A. HALL Deputy Director 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, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: On February 5, 2001, the Roanoke Redevelopment and Housing Authority (RRHA), prepared and presented to Council a plan for the improvement and revitalization of the South Jefferson Redevelopment Area (Redevelopment Plan). Roanoke City Council approved the Redevelopment Plan on March 19, 2001. The primary purpose of the Redevelopment Plan is to provide for private reinvestment and economic growth through redevelopment by private enterprise. The Redevelopment Plan includes the goals of eliminating blight, improving business activity, and creating additional economic value for the City of Roanoke. The Redevelopment Plan also addresses the needs of providing a versatile mix of complimentary land uses and making best use of the area's location. Also, on March 19, 2001, City officials authorized execution of a Performance Agreement among the City of Roanoke, Carilion Health System (CHS), and Carilion Biomedical Institute (CBI). CHS and CBI desire to be the first major occupants within the Redevelopment Plan Area in order to develop a biomedical institute for research and development. The City desires to encourage such development in order to develop a research and technology park in that area. Ordinance No. 35250 was adopted on March 19, 2001 by Roanoke City Council, authorizing City officials to execute an agreement, South Jefferson Agreement 2, between the City of Roanoke and the RRHA. South Jefferson Agreement 2 allows the RRHA to implement the Redevelopment Plan presented on February 5, 2001. In this agreement, the City expresses its intent to provide funds of $14 million for the South Jefferson Agreement 2 (Attachment A). Of that amount, twelve million dollars is proposed to be provided through the issuance of general Honorable Mayor and Members of City Council April 16, 2001 Page 2 obligation bonds of the City. We recommend that Council adopt the attached resolution, authorizing the issuance of the general obligation bonds pursuant to the Public Finance Act of 1991 (Code of Virginia). Sincerely, Darlene L. Burcham City Manager JDG/JSY/pac Attachments William M. Hackworth, City Attorney Mary F. Parker, City Clerk J~am~es D. G r/~~i s s~~ Director of Finance Attachment A - South Jefferson Cooperation Agreement 2 Between the City and RRHA South Jefferson Redevelopment Area Three-Year RRHA Project Budget: 2001-2004 Revised March 7, 2000 Acquisition - Site 1 & lA Relocation- Site 1 & lA Acquisition/Relocation Additional Properties Appraisals Acquisition Appraisals Disposition Appraisals Environmental Testing Environmental Remediation Consultant Fees Demolition Site Clearance Direct Administrative Support Reimbursable Property Maintenance Improvements to Initial Site RRHA Budget $6,244,070 978,237 958,550 65,000 10,000 250,000 1,125,000 350,000 1,563,959 150,000 280,184 10,000 15,000 2,000,000 Estimated Development Costs $14,000,000 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 240t 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy. City Clerk April 4, 2001 File #51-514-467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: I am enclosing copy of City Planning Commission reports in connection with Public Hearings 1 - 4 which have been advertised to be heard by Council on Monday, April 16, 2001, at 7:00 p.m., in the City Council Chamber. (1) Request of the City of Roanoke that a portion of Albemarle Avenue, S. E., extending in a westerly direction from Williamson Road, be permanently vacated, discontinued and closed. (2) Request of the Roanoke Valley SPCA and Sandra L. Overstreet that a certain undeveloped portion of Edmund Avenue, N. E., being parallel to and between Edmund Avenue and Baldwin Avenue, N. E., be vacated, discontinued and closed. (3) Request of the Commonwealth Development Group of Roanoke, LLC, that five contiguous tracts of land at or near the southeastern side of Highland Farm Road and the southeasterly terminus of Tuckawana Circle, be rezoned from RM-2, Residential Multi-Family District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. N:\cksrnl\Pubiic Hearings. Ol~,pri116, 2001 Reporls.wpd The Honorable Mayor and Members of the Roanoke City Council April 4, 2001 Page 2 (4) Request of Edward A. Natt, Attorney, that Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, be amended, by adding a new subsection (9) to Section 36.1-250, Special exception uses, and new subsections (10) and (11), of Division 4, Industrial Districts, of Article III, District Regulations, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing District. (5) Proposed adoption by Council of a resolution authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City (and in anticipation of issuance thereof general obligation public improvement bond anticipation notes of the City), in the principal amount of $12,000,000.00, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority in paying a portion of the costs of a redevelopment project in the City known as the South Jefferson Redevelopment Project. (6) To receive the views of citizens regarding appointment of Roanoke City School Board Trustees. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:~ksml\Public Heanngs.01~APn116, 2001 Rel~orls.wpd The Honorable Mayor and Members of the Roanoke City Council April 4, 2001 Page 3 pc~ William M. Hackworth, City Attorney Cindy M. Ayers, Executive Secretary, City Manager's Office N:\cksml\Public Hearings.01~Apd116, 2001 Reporls.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk March 29, 2001 File #51 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised public hearings to be held on Monday, April 16, 2001, at 7:00 p.m., in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, on the following matters: (1) Request of the City of Roanoke that a portion of Albemarle Avenue, S. E., extending in a westerly direction from Williamson Road, be permanently vacated, discontinued and closed. (2) Request of the Roanoke Valley SPCA and Sandra L. Overstreet that a certain undeveloped portion of Edmund Avenue, N. E., being parallel to and between Edmund Avenue and Baldwin Avenue, N. E., be vacated, discontinued and closed. (3) Request of the Commonwealth Development Group of Roanoke, LLC, that five contiguous tracts of land at and near the southeastern side of Highland Farm Road and the southeasterly terminus of Tuckawana Circle, be rezoned from RM-2, Residential Multi-Family District, to LM, Light Manufacturing District, subject to certain conditions proffered by the petitioner. N:\cksml\Public Hearing$.01~Apd116, 2001.wpd The Honorable Mayor and Members of the Roanoke City Council March 29, 2001 Page 2 (4) Request of Edward A. Natt, Attorney, that Chapter 36.1, Zoning, Code of the City of Roanoke (1979), as amended, be amended by adding a new subsection (9)to Section 36.1-250, Special exception uses, and new subsections (10) and (11 ), of Division 4, Industrial Districts, of Article III, District Regulations, to permit certain automobile rental establishments and limousine service and taxicab establishments as special exception uses in the LM, Light Manufacturing District, and automobile rental, limousine service, taxicab and general service establishments as permitted uses in the HM, Heavy Manufacturing District. (5) Proposed adoption by Council of a resolution authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City (and in anticipation of issuance thereof general obligation public improvement bond anticipation notes of the City), in the principal amount of $12,000,000.00, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority in paying a portion of the costs of a redevelopment project in the City known as the South Jefferson Redevelopment Project. Copy of the City Planning Commission reports will be forwarded upon receipt. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC City Clerk MFP:sm N:\cksml\Public Headngs.01~Apri116, 2001.wpd The Honorable Mayor and Members of the Roanoke City Council March 29, 2001 Page 3 pcz D. Kent Chrisman, Chair, City Planning Commission, 2319 Avenham Avenue, S. W., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner Stephanie M. Moon, Deputy City Clerk Cindy M. Ayers, Executive Secretary, City Manager's Office N:\cksml\Public Hearings.01 ~Apd116, 2001 .wpd NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 15.2-2606.A of the Code of Virginia, 1950, that the Council of the City of Roanoke, Virginia (the "City"), will hold a public hearing on Monday, April 16, 2001, at 7:00 P.M., local time, in the Council Chamber, Municipal Building, 215 Church Street, S.W., Roanoke, Virginia 24011, with respect to the proposed adoption by the Council of a resolution authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City (and in anticipation of the issuance thereof general obligation public improvement bond anticipation notes of the City) in the principal amount of$12,000,000, the proceeds of which are to be granted by the City to the Roanoke Redevelopment and Housing Authority (the "Authority") for the purpose of assisting the Authority in paying a portion of the costs of a redevelopment project in the City, known as the South Jefferson Redevelopment Project. The members of public are invited to attend the public hearing and to appear and present their views on the proposed resolution. The full text of the proposed resolution is on file in the office of the City Clerk, Municipal Building, Room 456, 215 Church Street, S.W. Roanoke, Virginia. Dated: April 2, 2001 MARY F. PARKER City Clerk City of Roanoke, Virginia PUBLISH TWICE, ONCE ON MONDAY APRIL 2, 2001, AND AGAIN ON APRIL 9, 2001. Send Publisher's Affidavit and Invoice to: Mary F. Parker, City Clerk 456 Municipal Building Roanoke, Virginia 24011 H:~BONDSXnph041601.12M CITY OF ROANOKE '6'~ ~: INTERDEPARTMENTAL COMMUNICATION OFFICE OF CITY ATTORNEY DATE: March 14, 2001 TO: Mary F. Parker, City Clerk FROM: William M. Hackworth, City Attomey ¢]4Xk[ RE: Public Heating - Bonds for South Jefferson Redevelopment Project Attached for publication is an ad, with publishing instructions, prepared by the City's bond counsel, for an April 16, 2001, public heating on issuing bonds for the South Jefferson Redevelopment Project. WMH:f Attachment cc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance H:kn-parbondhearing The Roanoke Times Roanoke, Virginia Affidavit of PubliCation The Roanoke Times ................................ '0! ..... ~ .... : ~ ~i7~ - - + ........................... ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01639966 State of Virginia City of Roanoke $12,000,000 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 /~ day of April 2001. Witness my hand and official seal.___~G~.~u_~_~ , Notary Public My commission expires PUBLISHED ON: 04/02 04/09 TOTAL COST: 234.82 FILED ON: 04/12/01 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC Stephanie M. Moon City Clerk Deputy City Clerk April 18, 2001 File #514 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a petition signed by approximately 348 persons with regard to closing Wiley Drive to vehicular traffic on weekends, which petition was before the Council of the City of Roanoke at a regular meeting on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure H:~gendas 2001 \Corresp April 16, 2001 .wpd Dear Mayor Smith, Members of Council and Ms. Burcham: Due to meetings Friday on the Gravity Games proposal, and the issue of Smith Park coming before Council on Monday, I feel its important to share some information with you. I don't know when there will be a press release on the Gravity Games, should we reach agreement on Friday, but you should have an idea of things which could have a profound impact on the Future of Roanoke. As we look to the future of High Tech, and the Bio-Med Center development, we need to ponder this progressive sport and Roanoke's potential role as being a premiere host city for these games. Many believe these sports are destined to become part of the Olympic Games someday. Should Fridays meeting produce a signed contract with Mac McCaddens organization, Cycles Roanoke Valley, Inc. we will have our first two day international event on Mill Mtn. set for this Sept. 15th. This will put Roanoke on the World Map of this sport! We have a major component of this sport all ready built in our Skate Board Park under the Wasena Bridge. The skate board park is but one aspect of the over all Gravity and X games. With the Downhill races taking place on Mill Mtn. What lies between these two sites? The Rivers Edge Sport Fields, Victory Stadium, and Smith Park. The future use of Smith Park, (As it stands right now) could play a vital role in the future success of these games. If these games are successful and grow bringing in spectators, we will have all the infrastructure falling into place to accommodate them. The future passenger train service which would be a major economic boost to the City. Our airport, we will have participants flying into our airport from all over the world. Thinking big, maybe this might be the key to a low fare airline coming to Roanoke. And there's 1-73 should it ever come through the Valley, and we have a new or improved stadium to look forward to. At this early stage we have no idea of the economic benefits this could produce for the city in tourist dollars. Should the games fail or simple not work out for the City, you have spent nothing since all these projects were going to happen anyway, nothing has been spent or lost, and should you want to still put the road in Smith Park its there to do so, but is it wise to spend over two hundred thousand dollars on a project that might prove to be a more economical benefit to leave it as it stands right now? Citizens will be coming before you Monday evening to ask you to consider a compromise and do what is being done in cities coast to coast, close Smith Park to traffic on Weekends. I would respectfully ask that you look at the far greater picture and if we have a signed deal on the race for this year, please meet with Mac McCadden and myself on how Smith Park could play a vital role in the future success and economic growth of Roanoke. Sincerely, E. Duane Howard, Representative Blue Smoke Racing, and International Gravity Sports Asso. 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 April 18, 2001 File # 67 STEPHANIE M. MOON Deputy City Clerk Mr. Zane Riggsby Clean Sweep of Roanoke Valley P. O. Box 3347 Roanoke, Virginia 24015 Dear Mr. Riggsby: I am enclosing copy of Resolution No. 35294-041601 accepting the bid of Clean Sweep of Roanoke Valley, Inc., for the provision of restroom cleaning services in City parks, in the amount of $65,425.00, with the option to renew for four additional one-year periods, upon certain terms and conditions, and rejecting all other bids received by the City. The above- referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 2001. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure pc: Darlene L. Burcham, City Manager James D. Grisso, Director of Finance D. Darwin Roupe, Director, General Services Robert L. White, Manager, Purchasing Barry L. Key, Director, Management and Budget Wanda B. Reed, Acting Director, Parks and Recreation Philip C. Schirmer, City Engineer H2Agendas 2001\Corresl3 April 16, 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 April 18, 2001 File #67 STEPHANIE M. MOON Deputy City Clerk Ms. Ingrid Schaefer TUCS Cleaning Service, Inc. 166 Central Avenue Orange, New Jersey 07050 Jeffrey L. Rigdon, General Manager ServiceMaster of Roanoke Valley P. O. Box 8938 Roanoke, Virginia 24014 Dear Ms. Schaefer and Mr. Rigdon: I am enclosing copy of Resolution No. 35294-041601, accepting the bid of Clean Sweep of Roanoke Valley, Inc., for the provision of restroom cleaning services in City parks, in the amount of $65,425.00, with the option to renew for four additional one-year periods, upon certain terms and conditions and rejecting all other bids received by the City. The above- referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 16, 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 services. Sincerely, Mary F. Parker, CMC City Clerk MFP/ssh Enclosure H:~Agendas 200 l\Corresp Apn116, 2001 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of Apr±l, 2001. No. 35294-041601. A RESOLUTION authorizing the acceptance of a bid and execution of a contract with Clean Sweep of the Roanoke Valley, Inc., for the provision ofrestroom cleaning services in City parks, 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 Clean Sweep of the Roanoke Valley, Inc., being the lowest responsible bid received for the provision ofrestroom cleaning services in City parks, such services being more particularly described in the April 16, 2001, letter to this Council, is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a contract with Clean Sweep of the Roanoke Valley, Inc., upon form approved by the City Attorney, for the services listed above for a period of one (1) year, at a cost of $65,425.00, with the option to renew for four (4) additional one-year periods, upon such terms and conditions as are more fully set out in the letter to this Council dated April 16, 2001. 3. 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:'d~,~'~R..Bid-CleaningServParks (4-1602) Office of the City Manager April 16, 2001 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: City Parks Restroom Cleaning Service Bid #01-02-81 Background: Parks and Grounds currently has the responsibility, with the use of City employees, for cleaning City Parks restrooms. With the need for improved services, improved safety factors and the ability to meet our customer's needs, the City has sought responsible firms to provide bids to furnish this service. Specifications were developed and, along with an Invitation for Bid, were specifically sent to nine (9) providers. The bid was publically advertised in accordance with Chapter 23.1 of the Code of the City of Roanoke. Considerations: Two (2) bids were received and evaluated in a consistent manner. Clean Sweep of the Roanoke Valley, Inc., Roanoke, Virginia, was the lowest responsive and responsible bidder meeting all required specifications with a cost of $65,425.00 annually. Funding is available in account #001-620-4340-2010. Recommended Action: Authorize the City Manager to enter into a contract, in a form approved by the City Attorney, with Clean Sweep of the Roanoke Valley, Inc. for City Parks Room 364 Municipal South 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (540) 853-2333 FAX (540) 853-1 ]38 CityWeb:www. ci.roanoke.va.us Honorable Ralph K. Smith, Mayor, and Members of City Council April 16, 2001 Page 2 Restroom Cleaning Service for one (1) year with the option by both parties, in writing, to renew for four (4) additional one (1) year periods, and reject all other bids. DLB: bdf C: Respectfully submitted, Darlene El' Burch~m City Manager Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Wanda B. Reed, Acting Director of Parks & Recreation Barry L. Key, Manager, OMB Robed L. White, Manager, Purchasing CM01-0045 EMPLOYMENT DISCRIMINATION Employment discrimination by contractor prohibited. All public bodies shall include in every contract of over $10,000 the provisions in 1 and 2 herein: I. During the performance of this contract, the contractor agrees as follows: The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. b The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. The contractor will include the provisions of the foregoing paragraphs a, b and c in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. DRUG FREE WORKPLACE Drug-free workplace to be maintained by contractor; required contract provisions. All public bodies shall include in every contract over $10,000 the following provisions: During the performance of this contract, the contractor agrees to (i) provide a drag-free workplace for the contractor's employees; (ii) pose in conspicuous places, available to employees and applicants for employment, a statement noti~ng employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. Restroom Cleanin; Standard,- Purpose: This document constitutes a request for sealed bids from qualified individuals or organizations to furnish complete Roanoke City parks restroom cleaning services, as requested by the Roanoke City Parks and Recreation Department. Statement of Need: Restrooms are to be fully cleaned according to attached work performance standards listed. Restrooms must be cleaned according to the schedule provided each week they are open to the public. Currently, restrooms are opened in late March, and are closed in early November each year. _ ~~ at Carvin's Cove (ne. ar the boat dock) is _o_p_en _year-rou. n.d.. c;.e~n, ir~.. to ~'~:~~ ~n April and October, unce per wee~ Novem~:mr mrough March. The contractor shall provide all labor, supplies, materials, and equipment necessary to perform all cleaning services. All trash/wastes are to be removed daily by the contractor, and are to be disposed of in a legal manner. Sulp~;~letllant~ cleaning may be neg:eesary di~ tO ~::mcialev ,er~..~ Most. sup~ cleaning; Mere may be times that little advance notice can be given due to unanticipated or unscheduled events. The Roanoke City Parks Maintenance Coordinator Will schedule additional services with the successful contractor. He can be reached at (540) 853-2848 x 234. Cleaning should be performed at the following locations: Breckenridge School Bailflelds (located at Winsloe and Fleming Avenues) Two (2) restrooms with 4 toilets/urinals, 2 sinks, 2 paper towel holders. Carvins Cove (located on Carvin's Cove Dam Road in Botetourt County off Plantation Road) One restroom building open year-round-4 toilets/urinals, 2 sinks, 2 paper towel holders. One restroom building open April-October-4 toilets/urinals, 2 sinks, 2 paper towel holders. Crystal Springs Park (located at Jefferson Street next to Roanoke Memodal Hospital) One restroom building w/4 toilets/urinals, 2 sinks, 2 paper towel holders. East Gate Park (located at North Ave NE between 13~ St. and Tinker Creek). One restroom building w! 4 toilets/urinals, 2 sinks. Eureka Park (located in 1400 block Carroll Ave NW). One restroom building w/4 toilets/urinals, 2 sinks. Fallon Park (located at Dale Ave. SE between 19~ St. and Vinton City Limits). Two restroom buildings w/9toilets/urinals, 4 sinks. Fishburn Park (located at Brambleton Avenue SW at Overland Road). One restroom building w/4 toilets/urinals, 2 sinks. Garden City Park (located at Ventor Ave SE near Garden City Blvd. and Garden City Elementary School). One mstroom building w/4 toilets/urinals, 2 sinks, 2 paper towel holders. Golden Park (located at Carlisle Ave SE between Spruce St. and 16"~ St.). One mstroom building w/4 toilets/urinals, 2 sinks, 2 paper towel holders. Highland Park (located at 5= Street and Walnut Avenue SW). One mstroom building w/5 toilets/urinals, 2 sinks. Jackson Park (located at Penmar Street SE adjacent to Momingside Elementary School. Park borders 9"~ St, Momingside Ave, Montrose Ave, and Langhome Street.) Two mstroom buildings w/9 toilets/urinals, 4 sinks, 2 paper towel holders. Lakewood Park (located on Brandon Ave. SW between Brambleton Ave. and Mt. Vernon Rd.) One mstroom building wi 4 toilets/urinals, 2 sinks, 2 paper towel holders. Loudon Park (located in 900 block of Loudon Avenue NW). One mstroom building with 4 toilets/urinals, 2 sinks. Melrose Park (located in 1400 block of Melrose Ave. NW). One mstroom building with 4 toilets/urinals, 2 sinks. Mill Mountain Regional Park (located on Blue Ridge Parkway spur next to Mill Mountain Zoo) One mstroom building wi 4 toilets/urinals, 2 sinks, 2 paper towel holders. Preston Park (located at Preston Avenue and Winsloe Ave NW) One restroom w/4 toilets/urinals, 2 sinks. Raleigh Court Park (located at Windsor Ave. SW between Dudding St. and Devon Road). One mstroom building wi 4 toilets/urinals, 2 sinks. River's Edge Park (located at Wiley Drive SW between Franklin Rd. and Jefferson Street near Roanoke Memodal Hospital). Two mstroom buildings with 11 toilets/urinals, 2 paper towel holders, and 8 sinks. Smith Park (located on Wiley Ddve SW between Franklin Ave. and Main Street) One mstroom building w/4 toilets/urinals, 2 sinks. Staunton Park (located in 2200 block of Staunton Avenue NW). One restroom building with 4 toilets/urinals, 2 sinks. Strauss Park (located on Westside Blvd. off Shenandoah Blvd. behind Food Lion grocery store). One mstmom building with 4 toilets/urinals, 2 sinks. Thrasher Park (located on Gus Nicks Blvd. between Eastem Ave. and Old Vinton Mill Road). One restmom building w/4 toilets/urinals, 2 sinks. Wasena Park (located on Wiley Drive SW between Winona Ave. and 12"' Street). Two mstmom buildings w/8 toilets/urinals, 2 paper towel holders, and 4 sinks. Washington Park (located off Orange Avenue at Liberty Rd. and Burrell St. near Addison Middle School and Lincoln Terrace School). One mstmom building w 4 toilets/urinals, 2 sinks. .,VVork Performance Standards. 1. D_ aily Cleaning Interior Window and Mirror Cleaning: Windows and mirrors are clean when all accessible surfaces are without streaks, film deposits, stains, and fingerprints. They have a uniformly bright appearance, and adjacent surfaces have been wiped clean. Floor Scrubbing: Scrubbing is satisfactorally peformed when all surfaces are without embedded dirt, cleaning solution, film, debds, stains, marks, and standing water in all areas, and the floor has a uniformly clean appearance. .~BZL.~.~: a surface is adequately spot cleaned when free of all stains, deposits, and substantially free of marks. Graffiti should be removed within one cleaning cycle. ~ A properly swept floor is free of all loose dirt, dust, gdt, lint, and debris. Waste Removal: Waste is properly removed when all trash and debds has been deposited in trash receptacles, the old bag removed from the receptacle and replaced with a fresh bag. All debris to be removed from the premises by the contractor. ~: An area is properly sanitized when all fixtures, walls, and floors have been wiped, sprayed, or mopped with a disinfectant cleaner, and is free of residues, streaks, and objectionable odors. ~ a satisfactory wet-mopped floor is without dirt, dust, streaks, debris, and standing water. Dispenser Refilling: Soap and paper dispensers are properly filled when filled to capacity. 2. Weekly CleaninE: ~Ceilings are clean when free of spider webs, dirt, or debris. ' t_~: Light covers are properly cleaned when they are free of bugs, dirt, and grime, and are secured correctly in place. 3. Monthly Cleanin~ Ke Exterior Window/Sky Light Cleaninn: Extedor windows are clean when all dirt, debris, and spider webs are re~;noved, and windows have been pressure-washed with soap and water. 4. Annual Cleanina Lm Pressure Wash FI0or~: Restroom floors should be pressure washed once per year, in early Spring just prior to opening to the public. Specific Requirements: The Contractor must be willing to accept varying schedule needs, primarily scheduled and coordinated by the Parks Maintenance Coordinator. Direction may also be given by Roanoke City's Landscape Coordinator, Parks and Grounds Superintendent, or other member of the Parks and Recreation staff approved by the Parks Maintenance Coordinator. The contractor shall direct their staff to report any theft, vandalism, fires, hazardous conditions, or items in need of immediate repair (including burned out lights, leaking faucets, stopped up toilets, damaged or missing trash cans, etc.) to the Roanoke Central Help Desk at 853-2000. In areas where service is performed at night, the contractor's personnel shall be responsible for closing and locking all gates, doors, and/or windows, and turning off lights to conserve electricity wherever practical. iThr.e~~__~~ Coordina. t~./~ Iltetr designee thall make periodic , ~m ~ o~mrmo appropriate ~o a~sure Urnety performance and · He/she ef~fl ~rt ~ose areas that have been negrected or do not meet these specifications, to the contractor, who shall take immediate action to correct the problem. Immediate action is defined that any problem noted and reported by 12:00 noon shall be remedied that same business day before 5pm, and any problem noted after Twelve Noon shall be remedied by 10am the following morning. Any area under contract where a deficiency has been noted to the contractor, and appropriate measure have not been taken to correct the noted problem, the City of Roanoke has the option of performing the work in question or having the work performed by another contractor, and charged back to the responsible contractor for costs incurred. No part of this paragraph, nor any other provision contained within this contract, shall be construed as relieving the contractor of it's responsibility for performing all work and services as required, or insuring strict compliance with specifications listed. The Parks Maintenance Coordinator or their designee ~vill require repairs made to facilities damaged by defective workmanship, inappropriate chemical application, or damage caused by the contractor's equipment or employees. All necessary repairs will be made by the City of Roanoke and charged back to the contractor. Written notice will be given to the contractor prior to any repairs being made. All supplies and equipment shall be stored and locked so not to be accessible to the general public. Any facilities available for use by the contractor for storing supplies and equipment will be noted on the initial walk-through of each facility. All supplies must be stored in a neat, ordedy, sanitary, and safe condition at all times. All dirt, debris, trash, etc. resulting from work performed under this contract must be removed from the premises. No debris shall be brought from non City-owned facilities and deposited within City-owned facilities. Cleaning solutions must be disposed of within plumbing fixtures provided for this purpose only. Disposing of solutions in a manner contrary to label requirements is illegal and the sole responsibility of the contractor. No other dumping is allowed. Ci~lt~,jetm'a. employe~ ar~l/or vehicle~ mu~t have some form of ide~ ~ ~ to park vt~Jtom and/or ~ employees. The contractor shall be responsible for any keys issued to him/her. If any keys are lost and locks are required to be changed or re-keyed, the contractor shall bear these costs. The contractor may not have duplicate keys made at their discretion. All requests for additional keys must be made through the Parks Maintenance Coordinator. The contractor's employees shall not be allowed access to City-owned facilities except dudng their regular working hours. All keys must be turned in at the conclusion of this contract. ~j~ ~ Contractor's vehicles must remain on paved or gravel-surfaced access roads when servicing facilities. At all other locations, contractor must receive pdor approval from the Parks Maintenance Coordinator before All personal items found by the contractor or their employees must be turned in to the Parks Maintenance Coordinator at the Parks and Recreation headquarters, located at 210 Reserve Avenue, within 24 hours of discovery. Items found over weekends and/or holidays should be turned in the next business day. Termination of this contract by either party shall be a last resort. The contractor's representative and the Parks Maintenance Coordinator should notify the other party promptly if perceived problems occur. The contractor should be available for contact dudng reasonable business hours (7am-5pm). Meetings should be held at least once per month to formally document any problems and maintain good working relations. Should documented problems repeatedly go unresolved, the City has the dght to terminate this contract with a wdtten 10-day notice sent to the contractor via registered mail. All questions, billing, and correspondence should be directed to the Parks Maintenance Coordinator, City of Roanoke Parks and Recreation, 210 Reserve Avenue, Roanoke, VA 24016. Phone (540) 853-2848 ext. 234, fax (540) 853-1287, cell phone (540) 798-1731. Restroom Service Cleaning Schedule_ Key: R = service restroom(s). ~"~ Site Mon. Tues. Wed. Thurs. Fri. Sat. Sun. Breckenddge ballfields R R R R Carvin's Cove main RR R R Carvin's Cove Seasonal RR R R Crystal Spdngs Park RR R R R R East Gate. Park RR R R R Eureka Park RR R R R R Fallon Park RR R R. R R Fallon Park Stone RR R R R R Fishbum Park RR R R R R Garden City Field RR R R R Golden Park RR R R R R Highland Park RR R R R Jackson Park RR R R R R Jackson ballfleld RR R R R R Lakewood Park RR R R R Loudon Park RR R R R Melrose Park RR R R R Mill Mtn Park RR R R R R Preston Park RR R R R R Raleigh Court Park RR R R R Site Mon. Tues. Wed. Thum. Fri. Sat. Sun. Rivers Edge Park Stone RR R R R R Rivers Edge Park RR R R R R Smith Park RR R R R R Staunton Park RR R R R Strauss Park RR R R R R Thrasher Park RR R R R R Wasena Park stone RR R R R R Wasena Park brick RR R R R R Washington Park RR R R R R