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Home My WebLink AboutCouncil Actions 09-02-97tI~RRI8 33563 ROANOKE CITY CO UNCIL REGULAR SESSION September 2, 1997 12:lS p. n~ CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order-- Roll Call. Council Member Trout was absent. Vice-Mayor Wyatt arrived after the roll call. The meeting was declared in recess at 12:18 p.m., to be reconvened at 12:30 p.m., at which time a joint meeting of Council and the Roanoke City School Board was held at James Breckinridge Middle School, 3901 Williamson Road, N. W. File #132-467 The regular meeting of Council reconvened at 2:00 p.m., in the City Council Chamber. ROANOKE CITY CO UNCIL REGULAR SESSION September 2, 1997 2:00 p. rrr CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. An Present. The Invocation was delivered by The Reverend Paul G. Gunsten, Pastor, St. Philip Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. Meetings of Roanoke City Council are televised hve on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, September 4, 1997, at 7:00 p.m. 2 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 MONDAY 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, MUNICIPAL BUILDING, OR AT 853-2541. PUBLIC HEARINGS: Public hearing on the proposed temporary relocation of the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W. The Reverend Charles T. Green, Chairman, Roanoke City Electoral Board. Adopted Ordinance No. 33563-090297. (7-0) File #40-70-215 Council Member Harris requested that the Electoral Board investigate the feasibility of establishing the Lee Hi Voting Precinct at the Covenant Presbyterian Church on a permanent basis. File #40-70-215 Vice-Mayor Wyatt requested that the Electoral Board review the composition of voting precincts in terms of size and variation. File #40 0 CONSENT AGENDA (APPROVED 7-0) 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. C-1 C-2 A communication from Mayor David A. Bowers requesting an Executive Session 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: Concur in request for Council to convene in File #15-110-132 Executive Session. A communication from Council Member William White, Sr., transmitting an Annual Report of the Roanoke City Council Audit Committee. RECOMMENDED ACTION: Receive and file. File #109-132-300 C-3 A communication from Robert H. Bird, Municipal Auditor, transmitting an Annual Report of the Municipal Auditor for the year ended June 30, 1997. RECOMMENDED ACTION: Receive and file. File #109-280 C-4 C-5 A communication from Carolyn H. Coles tendering her resignation as a member of the City Planning Commission. RECOMMENDED ACTION: Receive and file the communication and accept File #15-110-200 the resignation. Qualification of the following persons: Jeannette E. Hardin as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2000; and File #15-202 Ann L. Weinstein and LuJean Bedard as members of the Roanoke Arts Commission for terms ending June 30, 2000. File #15-110-230 RECOMMENDED ACTION: Receive and file. 4 REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report with regard to agreements with First Union National Bank of Vir~nia relating to a training incentive program in Enterprise Zone One. Adopted Budget Ordinance No. 33564-090297 and Resolution No. 33565-090297. (7-0) File #60-266-369 Council Members White and Swain addressed the need to apprise small businesses of the training incentive program and other development opportunities in the City of Roanoke. File #132-450 A report recommending execution of a three-year electrical service contract with American Electric Power. Adopted Resolution No. 33566-090297. (7-0) File #29-46 In connection with the $427,528.00 annual savings which will be reallocated within budgets of certain City operating departments, Council Member Swain requested that Council be advised as to how future funds will be expended. File #29-46-60 Council Member White requested information on whether the City will negotiate additional contractual matters in the 1998-99 fiscal year such as telephone, gas, fuel oil, etc. He suggested that future reports should contain the appropriate notation if the subject matter has been discussed by Council in previous meetings/budget study sessions, etc. File #117-132-330 Council Member White requested information regarding the anticipated impact on City rates as a result of deregulation of utilities. File #132-330 A report recommending execution of a separate franchise extension agreement with Bell Atlantic-Virginia, Inc., and extension agreements for the temporary nonexclusive revocable license agreements with KMC Telecom of Virginia, Inc., and American Communication Services of Vk~nia, Inc., for a period of one year each. Adopted Ordinance No. 33567 on first reading. (7-0) File 0112-117-166-169-262-291-322-383-386 A report recommending acceptance of a Hazardous Response Team Grant from the Virginia Department of Emergency Services, in the amount of $15,000.00, to maintain specialized requirements for the Hazardous Materials Regional Response Team; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 33568-090297 and Resolution No. 33569-090297. (7-0) File #60-70-188-236-472 A report recommending adoption of a Resolution endorsing and authorizing participation with the Commonwealth of Vir~nia in Partners for Prevention Initiative. Adopted Resolution No. 33570-090297. (7-0) File #72-304-370 6 A report recommending appropriation of Community Development Block Grant funds totaling $52,600.00, for the Fifth District Employment and Training Consortium. Adopted Budget Ordinance No. 33571-090297. (7-0) File #60-236-326 DIRECTOR OF FINANCE: 1. A financial report for the month of July, 1997. Received and irded. File #1-10 A joint report of the Director of Finance and City Treasurer recommending authorization for the City Treasurer to dispose of stock received through the demutualization of Trigon Blue Cross Blue Shield. Adopted Resolution No. 33572-090297. (7-0) File #1-34-501 6. REPORTS OF COMMITTEES: A report of the Bid Committee recommending award of a contract to Aaron J. Conner General Contractor, Inc., in the mount of $184,030.00, for the Salem Avenue at First Street Storm Drain Replacement project; and transfer of funds in connection therewith. Council Member John H. Parrott, Chairperson. Adopted Budget Ordinance No. 33573-090297 and Ordinance No. 33574-090297. (7-0) File #60-27 7. UNFINISHED BUSINESS: None. 7 0 INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 33552, on second reading, repealing Chapter 7, ~ B, ggllls~, of the Code of the City of Roanoke (1979), as amended, and enacting new Chapter 7, Building Regulati0n~, to provide for regulations relating to the construction, alteration or repair of buildings or structures w/thin the City; and to provide for a rental certificate of compliance program; and providing for an effective date. Adopted Ordinance No. 2121552-090297. (7-0) File #24-212-402 -b. Ordinance No. 33560, on second reading, permanently vacating, discontinuing and closing a certain section of Norfolk Avenue, S. W., be~nning at the easterly intersection of Third Street and Norfolk Avenue, and terminating at the southeasterly comer of the Virginia Museum of Transportation building and the northeasterly comer of Official Tax No. 1010206. Adopted Ordinance No. 213560-090297. (7-0) File #514 Ordinance No. 33561, on second reading, amending proffered conditions presently binding on a portion of a tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezoned pursuant to Ordinance No. 32657-092595 adopted on September 25, 1995. Adopted Ordinance No. 2121561-090297. (7-0) File #51 do Ordinance No. 33562, on second reading, closing and discontinuing by bamcade a portion of Ferdinand Avenue, S. W., between Mountain Avenue and Elm Avenue, S. W.; and a section of Eighth Street, S. W., between Elm Avenue and Day Avenue, S. W. Adopted Ordinance No. 33562-090297. (7-0) File #514 The Mayor inquired as to the commencement date for the realignment of Wasena Bridge/Elm Avenue project; whereupon the Director of Public Works advised that a written report will be forthcoming. File #102-514 e° A Resolution amending the regular meeting schedule of City Council to provide that the scheduled September 15, 1997 meeting shall be rescheduled to September 22, 1997, and the scheduled October 20, 1997 meeting shall be rescheduled to October 22, 1997. Adopted Resolution No. 33575-090297. (7-0) File #17-132-326 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Council Members White and Swain expressed concern with regard to accumulation of litter and debris in certain sections of the City and along the Interstate ramps, specifically 1-581 in the area of Orange Avenue, and that the matter should be addressed through a public information campaign and the posting of signs advising motorists of the consequences of littering. File #77-132-144-514 Council Member Swain expressed concern regarding junk vehicles on private property and unsafe dwellings. File #32-51-178 Concern was expressed as to whether the City is receiving its fair share of State funding for maintenance/beautification of interstate highways and roads within the City of Roanoke compared with other localities in the Commonwealth; whereupon, the Mayor requested that the City Manager discuss the matter with Senator Edwards and Delegates Thomas and Woodrum. File 077-132-144-514 Vice-Mayor Wyatt commended City and School officials on the Breckinridge Fitness Center and computer classes in fifteen City schools for senior citizens, both of which are steps in the right direction to decentralize some of the services offered by the City. File #67-467 Council Member Trout expressed concern with regard to the increasing number of small signs advertising local businesses which have been installed on public right-of-way. He referred specifically to the areas of Franklin Road and Wonju Street, S. W., and requested that the matter be referred to the City Manager for investigation. File #107-166-514 Council Member Harris expressed concern that the City recently installed new fixtures in the bathroom facility at Eureka Park which have been vandalized. He stated that it is discouraging when the City responds to problems by spending t~xpayers' money in order to address community needs only to discover that vandalism has occurred. He advised that whether the situation involves a litter problem or vandalism to parks, etc., a great deal of the remedy involves citizens taking responsibility for the appearance and maintenance of their community. File #67-132-144 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. lo 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed concern with regard to the appearance of the Roanoke Civic Center on the side facing Second Street, N. E., in the Historic Gainsboro area. The matter was referred to the City Manager for appropriate response. File #66-192 CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR OUR CITIZENS TO BE HEARD. IT IS THE CITIZENS' TIME TO SPEAK AND COUNCIL'S TIME TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT BACK TO COUNCIL. ...... ~ERTIFICATION OF EXECUTIVE SESSION. (7-0) Appointed John P. Baker as a member of the Economic Development Commission for a term ending June 30, 2000. File #110-450 Appointed Sunny Shah as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors for a term ending June 30, 1998. File #110-293 MARY F. PARKER, City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 September 3, 1997 SANDRA H. EAKIN Deputy City Clerk Marsha W. Eliison, Chair Roanoke City School Board 2030 Knoliwood Road, S. W. Roanoke, Virginia 24018 Harry F. Davis, Member Roanoke City School Board 3138 Stoneridge Road, $. W. Roanoke, Virginia 24014 Charles W. Day, Member Roanoke City School Board 1830 Grayson Avenue, N. W. Roanoke, Virginia 24017 F. B. Webster Day, Member Roanoke City School Board 1365 Hidden View Road, $. W. Roanoke, virginia 24015 Sherman P. Lea, Member Roanoke City School Board 1638 Lonna Drive, N. W. Roanoke, Virginia 24019 Melinda J. Payne, Member Roanoke City School Board 301 Rutherford Avenue, N. W. Roanoke, Virginia 24016 Brian J. Wishneff, Member Roanoke City School Board 2330 Mt. Vernon Road, S. W. Roanoke, Virginia 24015 Ladies and Gentlemen: On behalf of the Members of the Roanoke City Council, thank you for the opportunity to tour the facilities at James Breckinridge Middle Sc,hc-ol The Members of City Council look forward to the next joint meeting which is scheduled to be held on Monday, December 1, 1997, at 12:15 p.m., with the City's representatives to the General Assembly of Virginia to discuss the proposed 1998 Legislative Program. With kindest regards, i am Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:srn Marsha W. Ellison, Chair and Members of the Roanoke City School Board September 3, 1997 Page 2 pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board ROANOKE CITY SCHOOL BOARD P.O. BOX 13145 ROANOKE, VA 24031 CITY COUNCIL and SCHOOL BOARD JOINT MEETING SEPTEMBER 2, 1997 BRECKINRIDGE MIDDLE SCHOOL MEDIA CENTER Agenda 12:30 12:45 p.m. 1:10 p.m. 1:25 p.m. RCPS Welcome/Greetings Roll Call Roanoke City Greetings/Opening Remarks Roll Call Opening Remarks Introduction of Breckinridge Staff/Students for Overview/Tour Invocation Lunch Comments/Closing Remarks Chairman Ellison Mayor Bowers Chairman Ellison Superintendent Harris Mr. McDearmon Reverend Harris Chairman Ellison Mayor Bowers Council and Board Members 1:30 p.m. Adjournment Breckinridge Fitness Center Quick Facts State-of-the-art facility featuring: *Approximately 1000 sq. ft, air-conditioned facility . *Landis treadmill *4 Scifit bikes * 11 IFS circuit training machines dumbbells rubber mats benches *Tentatively scheduled to be open 6 days a week beginning in October *Access to gynmasium for recreational activities *Classroom access tbr Parks & Recreation programs *Certified fimess coordinator on staff*Collaborative effort to ~naximize existing city facilities ROANOKE CITY PARKS & RECREATION MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File ~f.40-70-215 Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board 3406 Exeter Street, S. W. Roanoke, Virginia Louella C. Thaxton General Registrar Roanoke, Virginia Dear Mr. Butler and Ms. Thaxton: I am enclosing copy of Ordinance No. 33563-090297 temporarily changing the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyede Road, S. W., for the November 4, 1997 and May 5, 1998 general elections, any special elections conducted in connection with the aforesaid general elections, and for any special or primary elections conducted between November 4, 1997, and May 5, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~AGENDA.97M,~J3T.2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File tf.40-70-215 Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, Council Member C. Nelson Harris requested that the Roanoke City Electoral Board investigate the feasibility of establishing the Lee-Hi Voting Precinct at the Covenant Presbyterian Church on a permanent basis. Vice-Mayor Linda F. Wyatt requested that the Electoral Board review the composition of voting precincts in terms of size and variation. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Louella C. Thaxton, General Registrar H:~AGENDA.9'/~I~F.2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk CERTIFtFn MAIL - RETURN RECEIPT REQUESTED September 4, 1997 File ff.40-467 M. Bruce Meadors, Secretary State Board of Elections 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Lorraine M. Thompson Manager, Election Services Division of Legislative Services 101 Ninth Street Office Building Richmond, Virginia 23219-3497 Dear Mr. Meadors and Ms. Thompson: I am enclosing copy of Ordinance No. 33563-090297 temporarily changing the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W., for the November 4, 1997 and May 5, 1998 general elections, any special elections conducted in connection with the aforesaid general elections, and for any special or primary elections conducted between November 4, 1997, and May 5, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA. 97'~SEPT.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33563-090297. AN ORDINANCE temporarily changing the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S. W.; and providing for an emergency. WHEREAS, Fire Station No. 4, the polling place for the Lee-Hi Precinct, is located on Aerial Way Drive, S.W., and the Peters Creek Road Extension Highway Project has rendered access to this polling place extremely inconvenient and made the parking lot for voters inaccessible; WHEREAS, the inaccessibility of this polling place and its lack of parking will continue through November 4, 1997, the date of general and special elections, and such conditions are predicted to exist through May 5, 1998, also a general election date; WHEREAS, by Resolution adopted July 21, 1997, the Roanoke City Electoral Board has recommended the establishment of a temporary polling place for Lee-Hi Precinct at Covenant Presbyterian Church, 1831 Deyerle Road, S.W., and such temporary polling place is located within the boundaries of the Lee-Hi Precinct as required by §24.2-310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board shall give notice of such emergency relocation of polling place to the State Board of Elections and obtain approval of such change from the Board pursuant to §24.2-310.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this temporary change in polling place by mail to all registered voters in the Lee-Hi Precinct at least fifteen (15) days prior to the November 4, 1997, general election, pursuant to §24.2-306.B., Code of Virginia (1950), as amended; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Notwithstanding §10-78, Code of the City of Roanoke (1979), as amended, the polling place for Lee-Hi Precinct shall be relocated from Fire Station No. 4 to Covenant Presbyterian Church, 1831 Deyerle Road, S. W., in this City, for the November 4, 1997, and May 5, 1998, general elections, for any special elections conducted in connection with the aforesaid general elections, and for any special or primary elections conducted between November 4, 1997, and May 5, 1998. 2. Subsequent to any elections held on May 5, 1998, the polling place for Lee-Hi Precinct shall remm to Fire Station No. 4 without further action of this Council. 3. The City Clerk is directed to forward attested copies of this ordinance to Louella C. Thaxton, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Lee-Hi Precinct. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: H:LMEASURES\O-POLCHA.4 City Clerk. Roanoke City Electoral Board August 20, 1997 Charles T. Green, Chairman Frances V. Garland, Vice Chairman Gilbert E. Butler, Jr., Secretary Honorable David Bowers, Mayor, and Members of Roanoke City Council Municipal Building Roanoke, Virginia 24011 Re: Temporary Relocation of Polling Place in Lee-Hi Precinct (City Code Sec. 10-59) Gentlemen and Ms. Wyatt: Copies are attached of Roanoke City Electoral Board's Resolution of July 21, 1997, along with a copy of the approval to use the Covenant Presbyterian Church regarding the above mentioned change for the November 4, 1997 General & Special Election, also for the May 5, 1998 Election. The Electoral Board had obtained previous approval on the temporary moved to Covenant Presbyterian Church for the June 10, 1997 Primary Election. We now are asking for temporary stay at the Covenant Presbyterian Church for the November 4, 1997 General & Special Election, also for the May 5, 1998 Election. This location has and will provide more accessiblity to the elderly and handicapped. The facility will also be more accommodating for our Officers of Election as well as the voters. Section 24.1-39 of the Code of Virginia requires that a notice of a proposed relocation of polling place be published in a newspaper of general circulation for two consecutive weeks and no changes can be made within 60 days next preceding any general election. The proposed change is in compliance with Section 24.1-36 and will require approval from the Department of Justice. The Electoral Board requests that City Council adopt the attached Ordinance temporarily changing the polling place for Lee-Hi Precinct to Covenant Presbyterian Church, 1831 Deyerle Road, S.W. d, ., Secretary Roanoke City Electoral Board Room 109, Municipal North 215 Church Avenue, S. W, Roanoke, Virginia 24011 P. O. Box 1095, Roanoke, Virginia 24005 (540) 981-2281 Fax (540) 224-3025 CITY OF ROANOKE INTERDEP/~TMENT COMMUNICATION TO: FROM: DATE: SUBJECT: Mary F. Parker, City Clerk Louella C. Thaxton, General Registrar August 21, 1997 Changes in Polling Place The Roanoke city Electoral Board is proposing a temporary change in the following voting precinct: (See resolution attached) TEMPORARY C~GE - Lee-Hi Precinct from No. 4 Fire Station to Covenant Presbyterian Church at 1831 Deyerle Road, S.W. Section 24.2-306 of the Code of Virginia requires that notice of precinct changes shall be published in a newspaper having general circulation in such election precinct once a week for two successive weeks. Please schedule these dates and let me know when this matter will be placed on Council's agenda. Thank you for your usual cooperation and if you have questions or suggestions, please call us a X2281. LCT: Attachment RESOLUTION ROANOKE CITY ELECTORAL BOARD July 21, 1997 The Roanoke City Electoral Board met on July 21, 1997 and unanimously agreed to seek approval to allow the Lee-Hi Precinct to remain in the temporary polling place for the November 4, 1997 General and Special election and the May 5, 1998 election. Temporary Chanqe- Lee-Hi Precinct from No. 4 Fire Station to Covenant Presbyterian Church, 1831 Deyerle Road, S.W. This change is necessary due to the continuance construction work on Aerial Way Drive and no parking area for the voters. The City Attorney will be asked to prepare notice of this proposed change and seek approval from the Department of Justice in accordance with Section 24.1-36 and 24.1-39 so voting can be held in the new location for the November 4, 1997, General and Special Election, also for the May 5, 1998 election. ~Secretary ' .Covenant Presbyterian Church 1831 DEYERLE ROAD, S.W. ROANOKE, VIRGINIA 24018 Co-Pastors: Dusty K. Fiedler Robert A. Fiedler Office (540) 989-3314 Fax (540) 989-3331 August 19, 1997 Roanoke City Electoral Board P. O. Box 1095 Roanoke, VA 24005 Att: Mr. Gilbert Butler, Secretary Dear Mr. Butler: At its stated meeting August 17, 1997, the Session of Covenant Presbyterian Church authorized the use of Fellowship Hall as a voting precinct for the General and Special Election to be held November 4, 1997, and the Election of May 5, 1998, as requested in your letter of July 21, 1997. Covenant's representative, who will be identified later, will open the building by 5:00 a.m. and secure the church building at 9:00 p.m. Please let us know whether or not Covenant's Fellowship Hall will be scheduled as a polling place. Yours truly, Lewis D. Evans Clerk of Session cc: Dusty Fiedler Dan Gills BARNHILL E Ad Number: 626669 Publisher's Fee: $124.80 ROANOKE CITY CLERK'S OFF ATT: MARY PARKER, CLERK 215 CHURCH AVE SW RM 456 ROANOKE, VA 24011-1536 The Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 08/26/97 FULL RUN - Tuesday 09/01/97 FULL RUN - Monday Witness, this 4th day of September 1997 Authorized Signature NOTICE OF PUBLIC HEARING Pursuant to §24.2-306, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a public hearing on Monday, September 2, 1997, at 2:00 p.m., in the Council Chamber of the Municipal Building, 215 Church Avenue, S. W., in the said City on the proposed temporary relocation of the polling place for the Lee-Hi Precinct from Fire Station No. 4 on Aerial Way Drive, S. W., to Covenant Presbyterian Church, 1831 Deyerle Road, S.W. A description and map of the proposed temporary change in polling place may be inspected at the Office of the General Registrar. The temporary relocation of the polling place for Lee-Hi Precinct would be effective for the November 4, 1997, and May 5, 1998, general elections and for any special elections held on those dates. All parties in interest and citizens may appear on the above date and be heard on this issue. GIVEN under my hand this 22nd day of August, 1997. Mary F. Parker, City Clerk NOTE TO PUBLISHER: Publish once on August 26, 1997, and once on September 1, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456 Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011 ~,-..,~ ~' '~.~,2~.. Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (540) 981-2444 Fax: (540) 853-1145 September 2, 1997 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session 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. DAB:sm Sincerely, Mayor DAVID I. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 August 25, 1997 Honorable Mayor and City Council Roanoke, Virginia RECEIVED CITY CLERKS OFFICE P1:36 Council Members: C. Nelson Harris John H. Parrott Carroll E. Swain James O. Trout William White, Sr. Linda F. Wyatt SUBJECT: Roanoke City Council Audit Committee Annual Report Dear Members of City Council: The purpose and function of the Audit Committee as stated in the City Code at Chapter 2-298(b) is: "The audit committee shall act in an advisory capacity to the council, the municipal auditor, the director of finance and the city manager in matters relating to the city's financial records and to that end sha].l have the right to have immediate access to all records and reports relating to financial matters and transactions of the city or of matters and things affecting such financial records. The council, any member thereof, the municipal auditor, the director of finance and the city manager shall have the right to consult with and seek the advice of the audit committee on matters relating to the city's financial records, but neither the committee nor any member shall have authority to act for or -to bind the city council, unless expressly authorized so.to do by ordinance or resolution of the council." During the year ended June 30, 1997, the committee held four regular meetings. Each member's attendance was: Member Co Nelson Harris Carroll E. Swain Mayor David A. Bowers William White, Sr. Meetinqs Attended Meetinqs Absent 4 0 4 0 3 1 4 0 Annual Report 2 August 25, 1997 The following is a summary of the committee's activity during the year: · Reviewed and concurred with the annual plan presented by KPMG Peat Marwick. · Reviewed and concurred with the Municipal.Auditor's annual audit plan and an interim revision of the plan. Reviewed the independent accountant's report with representatives from KPMG Peat Marwick and City officials. · Reviewed the internal audit reports with the Municipal Auditor and City officials. Reviewed an external quality control review prepared by the Virginia Local Government Auditors Association peer review team. Named a selection committee to recommend an independent accounting firm to conduct City audits for fiscal years 1997 through 2000. · Furnished a copy of the minutes of each committee meeting to City Council and City officials. I ask that this report be made a part of the Council's consent agenda for September 2, 1997. If you have questions, please do not hesitate to contact me. Best personal regards to each of you. Sincerely, William White, Sr. Chairman, Audit Committee ~ VIRGINIA, CHARTERED August 25, 1997 RECEIVED CITY CLERKS OFFICE '97 A 26 P1:36 Almual Report of the Municipal Auditor Honorable Mayor and City Council: The goal of Municipal Auditing is to provide City Council and City administration with analyses, appraisals, recommendations, counsel, and information concerning financial related activities of the City. The office performs its audit work in accordance with generally accepted government auditing standards promulgated by the Comptroller General of the United States. During the year ended June 30, 1997, we provided audit coverage of the City's financial activities by monitoring external audit activities. We also evaluated systems of internal controls to determine whether they are designed to meet management's needs and are functioning as planned. In some previously evaluated audit assignments, we performed testing to determine whether additional work was necessary. Recommendations were made to correct any deficiencies encountered in internal controls and technical assistance was provided to implement these recommendations. Each audit was reported in writing to the City Council Audit Committee. Significant audit activity completed during fiscal year 1997 includes: Financial Audits - To maintain the City's excellent financial reporting credibility and ensure compliance with statutory audit requirements, we: Coordinated the independent public accountant's audits of the financial statements of the Greater Roanoke Transit Company, the City Pension Plan, and the City, including the Single Audit; Performed the annual financial audits of the 33 City School Activity Funds and their Central Investment Fund; Assisted the Virginia Auditor of Public Accounts in the audits of the local courts' financial activities; · Reviewed external audits for the Citizens' Services Committee; and Performed an annual financial audit of the Sheriff's Jail Inmate Fund and Canteen Fund. Annual Report of the Municipal Auditor Page 2 August 25, 1997 Financial Related Audits - To provide reasonable assurance that internal controls are functioning effectively to prevent inaccuracies, irregularities, or willful manipulations, we performed controls evaluations, testing, or preliminary surveys in the following areas: · · · · · · · · · Parking Operations Fixed Assets Purchasing General Ledger Computer Operations Center Meter Shop Fleet Management Personal Property Police Department Cash Funds Internal audit work was actively in process at year end in the following: · Grants · Library · Risk Management · Emergency Medical Service ® Food & Beverages Taxs Time Entry Long-term systems development audit participation was in process at year end for the following: Budget Preparation Building Inspection Utility Information System In addition to the work described above, we determined the factual situation for allegations of suspicious activities and other fraud indicators. We followed up and assisted in implementing recommendations for improvement which were pending at the beginning of the year and in implementing the recommendations which resulted from our current-year audit work. Technical Assistance - We promoted improvements to the City's manual and computer- based financial accountability systems by answering control related questions and by maintaining communications with all City officials. Annual Report of the Municipal Auditor Page 3 August 25, 1997 Annual Time Budget The budget below is based on the audit plan presented to the City Council Audit Committee on June 3, 1996. Hours Budget Actual Budget less Percent Hours Percent Actual Financial Audits 1,445 22% 1,680 27% -235 Financial Relatedal Audits 4,089 62% 3,897 62% 192 Technical Assistance 1,041 16 % 704 11% 337 TOTAL 6,575 6,281 294 In submitting this report, I would like to express my appreciation of the Council and all affected City employees for their continued cooperation in maintaining and improving the financial integrity of the City of Roanoke. Respectfully, Robert H. Bird, CIA, CISA, CCP Municipal Auditor ewb , ATTEST: CERTIFICATE OF APPRECIATION PRESENTED TO CAROLYN H. COLES AS A MEMBER OF THE CITY PLANNING COMMISSION FROM APRIL 13, 1992 TO SEPTEMBER 2, 1997 ON THIS 5TH DAY OF SEPTEMBER, 1997 IN RECOGNITION OF OUTSTANDING PUBLIC SERVICE FAITHFULLY RENDERED TO THE CITY OF ROANOKE. CITY CLERK DAVID A. BOWERS MAYOR MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #15-110-202 Stephen L. Jamison, Chair Personnel and Employment Practices Commission 3450 Brymoor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Jamison: This is to advise you that on August 15, 1997, Jeannette E. Hardin qualified as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Kenneth S. Cronin, Secretary, Personnel and Employment Practices Commission Sandra H. Eakin, Deputy City Clerk H:~,GENDA.9'/~SEPT. 2 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Jeannette E. Hardin, do solemnly swear (or affirm) that I will support the Constitution of the United States 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 Personnel and Employment Practices Commission for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this.-~ '~ay 1997. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:~AG ENDA.97~REAPPOIN.WPD MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #15-110-230 Brook E. Dickson, Chair Roanoke Arts Commission 523 Highland Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Dickson: This is to advise you that on August 15, 1997 and August 19, 1997, respectively, Ann L. Weinstein and LuJean Bedard qualified as members of the Roanoke Arts Commission for terms ending June 30, 2000. ~'~ ~'Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Shiela Cuadrado, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk H:~G EN DA.I~71~SEI:rT.2 RECEIYE. O CITY CLERKS OFFICE Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ann L. Weinstein, do solemnly swear (or affirm) that I will support the Constitution of the United States 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 for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this/_~day of ~97. ARTHUR B. CRUSH, III, CLERK CLERK H:~AGEN DA.97~REAPPOIN.WPD RECEIVED CITY CLERKS OFFICE Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, LuJean Bedard, do solemnly swear (or affirm) that I will support the Constitution of the United States 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 for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this/'~ day of ~//'~ , 1997. ARTHUR B. CRUSH, III, CLERK BY ~/~~~ /~ ~ P_~_~:~._~DEPUTY CLERK H:~AGENDA,9'/~REAPPOIN,WPD MARY F. PARKER, CMCIAAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #266-369 Philip E. Witt, Vice President First Union National Bank of Virginia P. O. Box 13327 Roanoke, Virginia 24040-7366 Vickie L. Price, Administrator Fifth District Employment and Training Consortium Roanoke, Virginia Dear Mr. Witt and Ms. Price: I am enclosing copy of Resolution No. 33565-090297 amending the training incentive program established on March 14, 1994, for Enterprise Zone One; authorizing the City Manager to enter into an agreement amending the training agreement dated March 14, 1994, between First Union National Bank of Virginia, Fifth District Employment and Training Consortium, and the City; and authorizing the City Manager to execute an agreement with First Union National Bank of Virginia to provide for a new parking agreement effective December 16, 1998. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.9'/~SEPT. 2 funds should FUNB fail to maintain the recalculated base number of positions for the five year period of time, all as more fully set forth in the City Manager's report to this Council dated September 2, 1997. 3. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on behalf the City to execute and attest, respectively, a new parking agreement with FUN-B, effective December 16, 1998, that would make available in the Tower Parking Garage the same number of parking spaces as the number of new job positions relocated or created by FUNB in the Downtown Enterprise Zone by October :31, 1997, such spaces to be made available at the monthly rate of $35.00 per space for a one year period of time from December 16, 1998, and subject to an option by FUNB to renew the same number of spaces at the monthly rate of $40.00 per space for two additional years provided the job positions created or relocated by October 31, 1997, remain in the Downtown Enterprise Zone as of December 16, 1999, the renewal date, all as more fully set forth in the City Manager's report referred to above. 4. The form of the above agreements shall be approved by the City Attorney. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk · andra H. Eakin Deputy City Clerk September 4, 1997 File ~60-266-369 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33564-090297 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for appropriation of $63,600.00, in connection with a training incentive program with First Union National Bank in Enterprise Zone One. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AG ENDA.97~SEPT.2 James D. Grisso September 4, 1997 Page 2 pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Phillip F. Sparks, Chief, Economic Development Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~AGENDA.g7~F. PT.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 1997. No. 33564-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure Enterprise Zone One Training Incentive Program (1) ................ 1) Appropriation from Third Parties (008-052-9614-9004) $ 63,600 $. 7,706,962 63,600 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. September 2, 1997 Report Number: 97-35 RECEIVED CITY CLERKS OFF)CE 97 AUG 27 P4:43 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Council Members: Subject: First Union National Bank of Virginia I. BACKGROUND: City Council established a training incentive program on March 14, 1994, in Enterprise Zone One for companies creating or relocating a minimum of 200 new jobs over an 18 month period. The program required that the 200 jobs, for which the training funds were received, be retained for at least five years or the company must reimburse the funds at a rate of $400 per job, per year, for each job not retained. City Council authorized the City Manager, on March 14, 1994, (resolution number 31907-031494) to execute an agreement with the Fifth District Employment & Training Consortium (FDETC) and First Union National Bank of Virginia to provide for the training expenses of a minimum of 200 new employees in Enterprise Zone One for an 18 month period beginning April 1, 1993. Co First Union received $337,335.50 in training funds from the city of Roanoke through the Enterprise Zone One Training Incentive Program in December 1994. These funds were awarded based on First Union creating 200 new jobs in Enterprise Zone One. A base of 566 employees was established with the understanding that the base number of positions had to be maintained for a five- year period from October 1, 1994, to October 1, 1999. The Mortgage Loan Servicing division consolidated operations to Raleigh, NC in July 1996. Every October, starting October 1, 1995, First Union is required to report any net loss in jobs. The October 1996 report from First Union to the FDETC indicated a net loss of 159 jobs. Under the training agreement, First Union is required to repay FDETC annually at a rate of $400 per net loss in jobs (159 x $400 = $63,600 for 1996). FDETC then repays to the city the amount received from First Union. City Council authorized a parking agreement on December 13, 1993, (resolution number 31807-121393) with First Union for a five year reduced parking rate at $23.00 per space in the Tower parking garage for 250 parking permits for relocating 200 jobs in Enterprise Zone One. The reduced rate expires December 16, 1998. Honorable Mayor and Members of City Council September 2, 1997 Page 2 II. CURRENT SITUATION 44 new businesses have opened and 26 businesses have closed during fiscal year 1997 in the downtown area according to Downtown Roanoke Incorporated. Bo An average of 534 empty spaces has been available in the downtown garages between April and June 1997. First Union has expressed a need to expand and relocate 200 or more staffed job positions downtown into Enterprise Zone One by October 31, 1997. First Union has repaid the FDETC $63,600 currently owed under the original training agreement, and the FDETC has returned the funds to the city. Uo First Union officials have requested that the city enter into an agreement amending the prior training agreement, effective October 1, 1997. The amended agreement would establish a new base number of positions as of October 31, 1997. The base number of positions will not be less than 420. In exchange for recalculating the base number of positions, First Union would agree to maintain the new base number of positions from October 31, 1997, to October 31, 2002, and would pay the city a one-time amount based on the percentage of change between the number of qualifying positions under the original agreement (566 positions) and the recalculated number of qualifying positions under the amended agreement multiplied by $337,335.50. For example, if the recalculated base number is 420 under the amended agreement, then First Union would pay FDETC 26 percent of the training funds received under the original training agreement (566 - 420 = 146 and 146 is 26 percent fewer positions than 566). First Union received $337,335.50 under the original training agreement; therefore, First Union would pay FDETC $87,707.23 ($337,335.50 x 0.26). The city and FDETC would waive any further enforcement of the repayment provision of the original training agreement. F° First Union has requested training assistance for the 200 or more job positions being relocated to Enterprise Zone One as part of the amended training agreement. The city would provide up to $400 per position or equivalent position for eligible training expenses incurred between May 1, 1997, and October 31, 2002. The maximum amount to be provided is $63,600. If First Union does not maintain the recalculated base number of staffed, full-time positions from October 31, 1997, to October 31, 2002, then First Union would agree to reimburse the FDETC $400 per year for each position below the recalculated base for each of the five years. FDETC would reimburse the city the funds received from First Union. First Union will not repay the city more than the total amount received under the Honorable Mayor and Members of City Council September 2, 1997 Page 3 original or amended training agreements, but this does not include the one-time payment in item E above. First Union officials have requested a new parking agreement with the city_ for the exact number of new jobs relocated or created by October 31, 1997, at $35.00 per space effective December 16, 1998. This agreement would be in effect for one year and would include an option to renew the same number of spaces at a rate of $40.00 for two additional years. The renewal option would be contingent upon First Union demonstrating that the initial number of jobs created or relocated by October 31, 1997, remain staffed, full-time positions as of the December 16, 1999, renewal date. III. ISSUES A. Economic development in the Enterprise Zone B. Timing C. Funding IV. A. ALTERNATIVES City Council amend the training incentive program established on March 14, 1994, to include a statement allowing for replacement positions when such positions are equivalent to the original positions for which the training funds were received. City Council authorize the City Manager to enter into an agreement amending the prior training agreement, effective October 1, 1997. The amended agreement would establish a new base number of positions as of October 31, 1997. The base number of positions will not be less than 420. In exchange for recalculating the base number of positions, First Union would agree to maintain the new base number of positions from October 31, 1997, to October 31, 2002, and would pay the city a one-time amount based on the percentage of change between the number of qualifying positions under the original agreement (566 positions) and the recalculated number of qualifying positions under the amended agreement multiplied by $337,335.50. For example, if the recalculated base number is 420 under the amended agreement, then First Union would pay FDETC 26 percent of the training funds received under the original training agreement (566 - 420 = 146 and 146 is 26 percent fewer positions than 566). First Union received $ 337,335.50 under the original training agreement; therefore, First Union would pay FDETC $87,707.23 ($337,335.50 x 0.26). The city and FDETC would waive Honorable Mayor and Members of City Council September 2, 1997 Page 4 any further enforcement of the repayment provision of the original training agreement. City Council authorize the City Manager to appropriate $63,600 to an account in the Capital Project Fund to be established by the Director of Finance entitled Enterprise Zone One Training Incentive Program. Funding in the amount of $63,600 was received in July 1997 when First Union paid FDETC based on the decline in the job base. The city would provide up to $400 per position for eligible training expenses incurred between May 1, 1997, and October 31, 2002. The maximum amount to be provided is $63,600. If First Union does not maintain the recalculated base number of staffed, full-time positions from October 31, 1997, to October 31, 2002, then First Union would agree to reimburse the FDETC $400 per year for each position below the recalculated base for each of the five years. FDETC would reimburse the city the funds received from First Union. First Union will not repay the city more than the total amount received under the original or amended training agreements, but this does not include the amount of the one-time payment in item E under the Current Situation section of this report. City Council authorize the City Manager to enter into a new parking agreement for the exact number of new jobs relocated or created by October 31, 1997, at $35.00 per space effective December 16, 1998. This agreement would be in effect for one year and would include an option to renew the same number of spaces at a rate of $40.00 for two additional years. The renewal option would be contingent upon First Union demonstrating that the initial number of jobs created or relocated by October 31, 1997, remain staffed, full-time positions as of the December 16, 1999, renewal date. Economic development would be enhanced with the addition of 200 or more relocated employees moving into Enterprise Zone One. The additional employment could offset jobs lost from the businesses closing or moving out of downtown in the last year and increase the number of spaces being utilized in the downtown garages. Timing is critical in that First Union plans to create or relocate 200 or more jobs to the Enterprise Zone. o Additional funding will not be required for any of the agreements. The Enterprise Zone One Training Incentive Program would be funded with the $63,600 from First Union which has been repaid under the original training agreement. Honorable Mayor and Members of City Council September 2, 1997 Page 5 City Council not authorize the City Manager to enter into an amended training agreement or a new parking agreement with First Union. Economic development would be negatively impacted in that the jobs will not be relocated to Enterprise Zone One and it could jeopardize future job expansion or continuation within the Enterprise Zone. 2. Timing would be negatively impacted since First Union needs space to expand. Funding - First Union would pay $400 per position per year through October 1, 1999 for each job under 566. The total amount First Union would pay to the city would not exceed $337,335.50. V. RECOMMENDATION: It is recommended the City Council adopt Alternative A to: A. · City Council amend the training incentive program established on March 14, 1994, to include a statement allowing for replacement positions when such positions are equivalent to the original positions for which the training funds were received. City Council authorize the City Manager to enter into an agreement amending the prior training agreement, effective October 1, 1997. The amended agreement would establish a new base number of positions as of October 31, 1997. The base number of positions will not be less than 420. In exchange for recalculating the base number of positions, First Union would agree to maintain the new base number of positions from October 31, 1997, to October 31, 2002, and would pay the city a one-time amount based on the percentage of change between the number of qualifying positions under the original agreement (566 positions) and the recalculated number of qualifying positions under the amended agreement multiplied by $337,335.50. For example, if the recalculated base number is 420 under the amended agreement, then First Union would pay FDETC 26 percent of the training funds received under the original training agreement (566 - 420 = 146 and 146 is 26 percent fewer positions than 566). First Union received $337,335.50 under the original training agreement; therefore, First Union would pay FDETC $87,707.23 ($337,335.50 x 0.26). The city and FDETC would waive any further enforcement of the repayment provision of the original training agreement. The form of such agreement to be approved by the City Attorney. City Council authorize the City Manager to appropriate $63,600 to an account in the Capital Project Fund to be established by the Director of Finance entitled Enterprise Zone One Training Incentive Program. Funding in the amount of $63,600 was received in July 1997 when First Union paid FDETC based on the Honorable Mayor and Members of City Council September 2, 1997 Page 6 decline in the job base. The city would provide up to $400 per position for eligible training expenses incurred between May 1, 1997, and October 1, 2002. The maximum amount to be provided is $63,600. If First Union does not maintain the recalculated base number of staffed, full-time positions from October 31, 1997, to October 31, 2002, then First Union would agree to reimburse the FDETC $400 per year for each position below the recalculated base for each of the five years. FDETC would reimburse the city the funds received from First Union. First Union will not repay the city more than the total amount received under the original or amended training agreements, but this does not include the amount of the one-time payment in item E under the Current Situation section of this report. City Council authorize the City Manager to enter into a new parking agreement for the exact number of new jobs relocated or created by October 31, 1997, at $35.00 per space effective December 16, 1998. This agreement would be in effect for one year and would include an option to renew the same number of spaces at a rate of $40.00 for two additional years. The renewal option would be contingent upon First Union demonstrating that the initial number of jobs created or relocated by October 31, 1997, remain staffed, full-time positions as of the December 16, 1999, renewal date. The form of such agreement to be approved by the City Attorney. Respectfully submitted, W. Robert Herbert City Manager CC: Diane S. Akers, Management & Budget Willard N. Claytor, Real Estate Valuation Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Utilities and Operations Vickie L. Price, Fifth District Employment and Training Consortium James D. Ritchie, Assistant City Manager MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax' (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #29-46 J. Dennis Hill, P.E. Major Account Executive American Electric Power P. O. Box 1000 Lynchburg, Virginia 24505-1000 Dear Mr. Hill: I am enclosing copy of Resolution No. 33566-090297 authorizing the City Manager to enter into the appropriate contractual agreements with Appalachian Power Company, d/b/a American Electric Power, providing for revised general service electrical rates and revised street lighting rates effective retroactively to certain specified dates, and approving certain rate schedules, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, P&I.,~,~.--. Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.O?~,~EPT.2 J.,Dennis Hill, P.E. September 4, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations Diane S. Akers, Budget Administrator, Office of Management and Budget Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools 'H :~AG EN DA.9'/~SEPT.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33566-090297. A RESOLUTION authorizing the City Manager to enter into the appropriate contractual agreements with Appalachian Power Company, d/b/a American Electric Power, providing for revised general service electrical rates and revised street lighting rates effective retroactively to certain specified dates, and approving certain rate schedules, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, contractual agreements with Appalachian Power Company, clgo/a American Electric Power, providing for revisions in general service electric rates applicable to municipal corporations and revisions in street lighting rates applicable to lighting service sold for the lighting of public streets, highways and other public outdoor areas in municipalities and political subdivisions where such service can be supplied from the existing general distribution system, all such rates effective retroactive to July l, 1996, except for outdoor lighting rates subject to Virginia S.C.C. Tariff No. 16, Schedule O.L., which rates shall be effective retroactive to February 1, 1997. Such agreements shall include such other terms and conditions as are deemed appropriate by the City Manager. 2. City Council hereby approves the general service and street lighting electric rates, effective retroactive to July 1, 1996, and the outdoor lighting rates, effective February 1, 1997, in accordance with the attachments to the report of the City Manager dated September 2, 1997. ATTEST: City Clerk. R£C£1VED. CITY CLERKSi September 2, 1997 Report No. 97-351 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Approval of New Electrical Rates I. Background: ao Proposed revised electrical rates to be effective retroactive to July 1, 1996, were received July 7, 1997, per the attached letter from American Electric Power (AEP). Previous three (3) year contract terminated June 30, 1996. AEP had proposed extending that contract with no electrical rate increase. B o Negotiations with AEP were authorized on August 5, 1996, by City Council through the Virginia Municipal League and Virginia Association of Counties. The City of Roanoke's share of the cost of those negotiations were $23,086. C ° AEP continued to bill the rates in effect as of June 30, 1996, as negotiations continued. D o Agreement with AEP, proposed to be effective retroactive to July 1, 1996, has been reached, per the attached memorandum dated March 10, 1997, from Mr. Kit Kiser, Steering Committee Chairman, subject to City Council approval, which essentially provides for the following: General usage rates will decrease 10.56% over the June 30, 1996, rates for the period of July 1, 1996, through June 30, 1999. o Street lighting rates which are part of a separate street lighting contract will decrease 2% over June 30, 1996, rates for the period of July 1, 1996, through June 30, 1999. It should be noted that the above percentages are approximate. The precise proposed rates are shown by the attached rate schedules contained in a document entitled Public Authority Tariff No. 7 issued February 25, 1997, from AEP. Additionally, some accounts, which will be individually reviewed, may get greater savings if they are converted to an optional demand rate. Page 2 II. Issues: A. Negotiation Benefit B. Funding III. Alternatives: no Council authorize the City Manager to enter into a three (3) year contract beginning retroactive to July 1, 1996, with AEP for electrical service at the rates shown by the attached schedule with the form of agreement being subject to approval by the City Attorney. Negotiation benefit will be realized by an annualized saving of $427,528, including all established funds, e.g. General, School, Water, etc., compared to the original rates proposed by AEP. Budgeted savings have been reallocated within operating department budgets. o Funding is available in the current year's budget and will be anticipated in upcoming year's budget requests. Bo Council not approve the attached proposed rate schedule. Negotiation benefit will not be realized and AEP may resume billing at the higher rates. o Funding will be more speculative depending on the rates billed. IV. Recommendation: Council approve Alternative "A" and authorize the City Manager to execute a three year electrical service contract with American Electric Power. Respectfully submitted, W. Robert Herbert City Manager WRH:KBK:afm Attachments cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Diane S. Akers, Office of Management & Budget Kit B. Kiser, Director of Utilities & Operations Richard Kelley, Executive for Business Affairs, Roanoke City Schools Page 3 bcc: The Honorable W. Alvin Hudson, Sheriff John R. Hubbard, Roanoke Valley Resource Authority Jacqueline L. Shuck, Roanoke Regional Airport Robert K. Bengtson, Traffic Engineer Nelson Jackson, Building Maintenance Manager 3/14 - Copy to Diane Akers, IC-it Iiiser 'TY MArlAGER'S :' 'V'Zlq. GZlq'ZA A.q~OCF. A?'roN OIP TO: FROM: DATE: RE: County Administrators and City/Town Managers in the Appalachian Power Company Service Territory Kit B. Kiser, Director of Public Utilities, Roanoke City Chairman of VML/VACO APCo Steering Committee March 10, 1997 VML/VACO Rate Negotiations with Appalachian Power Company We are pleased tb announce that the VML/VACO APCo Steering Committee has finally reached an agreement with Appalachfan Power Company (doing business as American Electric Power "AEP") for electric service to the political subdivisions in the AEP service area which provides for an overall rate decrease of 14%. A change in the rate design and considerations about how to handle the third year of the contract took more time than anticipated, and thus negotiations terminated later than usual. We believe, however, that the end result is advantageous to local governments and all of the political subdivisions involved will be Pleased with the terms of the negotiations. The principal terms of the' agreement which were negotiated by the Committee's counsel, C. F. Hicks, Howard W. Dobbins, and Sarah Hopkins Finley with input and guidance from the Committee, are as follows: Contract Term - Local governments will be offered new contracts for a three year term beginning July 1, 1996 through June 30, 1999. A~P originally proposed that rates which were in effect in the last year of the expired contract would continue under a new contract. As negotiated by the Steering Committee, its counsel and consultant, AEP has now agreed to reduce rates by $3,000,000, or 14% exclusive of fuel costs, for each of the three years. Chanae in Rate Desi=n - The rates have been redesigned to provide local governments with an optional demand rate for each of the rate schedules (schools, pumping andother). These rates will allow larger accounts with higher load to save more money. The contract also provides that twice a year (in the first and third quarters), AEP will perform an analysis of all accounts to determine which type of rate (flat rate or energy/demand rate) will be most economical for local government customers based on the previous 12 months. Local governments will be provided with the results of the analysis for all accounts which appear to benefit from a change in the rate schedule. Local governments are encouraged to review these carefully and switch to the demand rate schedule if this appears most advantageous. Local governments should also consider whether any steps can be taken to make it advantageous to move to the demand rates (e.g. operational charges that spread the need for Dower more evenly over the day, or combining several meters into a single meter). AEP representatives are available to assist you in this regard. Although the overall decrease for all accounts is 14%, every account will receive a decrease of at least 10.56% which is applicable to the flat ' rate accounts. The accounts which go to the demand rate will enjoy a decrease of even more than 14%. Rate Implementation - The new rates will be implemented for the billing cycle that begins February 28, 1997. Local governments will need to notify AEP of those accounts which should be switched to the demand rates. Credits - The rates are retroactive to July 1, 1996. Credits will be initiated at the end of March and will be based on the fla~ rate structure but will reflect the entire 14% decrease. Street Liaht Rates - Rates on the municipal street light schedule will be adjusted downward slightly - a 2% reduction in rates. AEP's municipal street light rates are already among the lowest in the region. Most local governments have a separate street light contract and they should ensure that the newly negotiated street lighting rates are part of that contract and that all eligible lights are under this schedule. The "main' contract for electricity also includes a schedule for Outdoor Lighting for those few lights that are not covered by the municipal street lighting system (e.g. parking lot lights). These rates are the same as those on file with the SCC and are substantially higher than the street lighting rates. Of c0thrse, each locality must enter into an agreement with AEP which must be approved by the locality's governing body. However, we recommend the agreement negotiated by the Steering Committee, and are hopeful that, as in the past, each locality will accept the Steering Committee's recommendation in lieu of individually negotiating its own contract. Contracts are being prepared for each political subdivision and will be presented to you in the near future by AEP. If your locality has not paid its assessment to pay negotiating expenses, we hope it will do so. The rates negotiated over the three year contract period provide savings to our localities many, many times greater than the assessment which was required to finance the negotiations. Unused amounts from the assessment will be retained in a separate account by VACO for future negotiations. Each locality benefits from this collective effort; it is only appropriate that each locality share the expenses for such. If your locality has not paid, an invoice is enclosed for its assessment. Any questions should be addressed to me or to Howard W. Dobbins (804) 783-6441, Sarah Hopkins Finley (804) 783-6481 or C..F. Hicks at (804) 788-6652. cc: VML/VACO APCo Steering Committee American Electric Power PO Box 1000 Lynchburg, VA 24505-1000 8O4 522-4200 July 3, 1997 Mr. W.-Robert Herbert City Manager City of Roanoke Municipal Building Annex - Room 364 215 Church Avenue, SW Roanoke, VA 24011 Dear Mr. Herbert: Enclosed are two copies of the "Agreement for the Purchase of Electricity from Appalachian Power Company (dba American Electric Power)" containing the new rates and terms agreed upon by your negotiating committee and American Electric Power. The agreement covers a thirty-six month period beginning July 1, 1996. Please have the responsible authority sign both copies of this agreemem on page 9 and remm both copies to my attention for processing. Your file copy will be returned to you after acceptance by our company. The new rates were implemented on February 28, 1997. The refund period runs from July 1, 1996 through the revenue month of February 1997. The Public Authority Settlement Rates for refund purposes are indicated in Exhibit D of the agreement. Refunds were posted to all accounts in April and appeared as a credit on customer's bills starting in May. Newly incorporated into the rate structure are provisions for optional demand rates for accounts with a normal maximum demand greater than 100 kw and optional ice storage rates for those accounts with AEP approved energy storage equipment. A review of the accounts that are eligible for the optional demand rate will be conducted semi-annually. If you have any questions aborn the new agreement, please contact me at 1-800-927-1113 or 804-522-4837. Your prompt attention to returning the signed agreements is appreciated. Sincerely, , , Hill, P.E. Major Account Executive Enclosures PUBLIC AUTHORITY TARIFF NO. 7 APPALACHIAN POWER COMPANY RATE SCHEDULE TERMS AND CONDmONS OF SERVICE GOVERNING SALE OF ELECTRICITY TO PUBLIC AUTHORITIES ISSUED: FEBRUARY 25, 1997 EFFECTIVE: JULY 1, 1996 APPALACHIAN POWER COMPANY PUBLIC AUTHORITY TARIFF NO..7 SCHEDULE P.A. EXHIBIT B Page I of 4 AVAILABILITY OF SERVICE Available for general service to municipal corporations and state governmental entities, excluding Public Housing Authorities and the Commonwealth of Virginia, as those terms am used in §§56-232 and 234 of the Code of Virginia and in pertinent decisions of the Supreme Court of Virginia. MONTHLY RATE (Tariff Codes 804, 805, and 806) CUSTOMER CHARGE per service connection Effective 7/1/96 - 6130/99 $8.27 ~ (804) 4.797¢ per KWH consumed ALL OTHER (80~) 4.477¢ per KWH consumed WATER PUMPING. SEWAGE PUMPING. ANT) SEWAGE DISPOSAL SERVICE f806) per KWH consumed 3.913¢ OPTIONAL RATE (TariffCodes 809, 812, and 813) Available to any Public Authority customer with normal maximum electric demands of 100 KW or more. A contract capacity will be established which is equal to the customers estimated normal maximum electrical capacity requirements. SCHOOLS (809) $2o.oo Customer Charge Demand Charge $4.75 All KW of Billing Demand Energy Charge 3.000¢ All KWh Metemt KWH ~ (812) S20~00 Customer Charge Demmd Clmrg~ $7.50 All KW of Billing Demand Energy Charge 2.000¢ All KWH Metered KWH Issued: February 25, 1997 Effective: July 1, 1996 APPALACHIAN POWER COMPANY PUBLIC AUTHORITY TARIFF NO. ? SCHEDULE P.A. EXHIBIT B Page 2 of 4 WATER PUMPING.SEWAGE PUIVlP~G AND SEWAGE DISPOSAL SERVICE (813) Customer Charge Demand Charge All KW of Billing Demand $20.00 $7.OO Energy Charge 2.000¢ All KWH Metered KWH Reactive Demand Charge All KVAR of Lagging Reactive Demand 29¢ OPTIONAL ICE STORAGE RATE (Tariff Code ) Available to any Public Authority customer who installs Company approved energy storage equipment. Customer Charge $10.80 Energy Charge All metered kWh during on-peak billing period All meteered kWh during off-peak billing period 5.584g per kWh 2.745¢ per kWh For the purpose of this contract, the on-peak billing period is defined as 7 a.m. to 8 p.m. local time, for all weekdays, Monday through Friday. The off-peak billing period is defined as 8 p.m. to 7 a.m. for all weekdays and all hours of Saturday and Sunday and the following legally observed holidays: New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Chrislmas Day DETERMINATION OF BILLING DEMAND The billing demand in KW shah be taken each month as the highest ~,istrafion ofa 15-minute demand meter or indicator. Monthly billing demand established hereunder shall not be less than 60% of the customer's established contract For those accounts who are designated to have a Reactive Demand Charge, the reactive demand in KVAR shall be taken e~x:h month as the highest single 15-minute peak in KVAR as registered during the month by a KVAR meter or indicator. Billing demands shall be rounded to the nearest whole KV and KVAIL MINIMUM CHARGE This Schedule is subject to a minimum monthly charge equal to the sum of the customer charge, demand charge, energy charge, fuel adjustment clause and reactive demand charge of the monthly rate. Issued: February 25, 1997 Effective: July 1, 1996 APPALACHIAN POWER COMPANY PUBLIC AUTHORITY TARIFF NO. 7 SCHEDULE P.A. EXHIBIT B Page 3 of 4 MEASUREMENT OF ENERGY Energy supplied hereunder will be delivered through not more than one single phase and/or one polyphase meter for each service connection. FUEL ADJUSTMENT CLAUSE Bills computed according to the rates set forth herein will be increased or decreased by a Fuel Adjustment Factor per KWH calculated in compliance with the Fuel Adjustment Clause attached hereto. PAYMENT Bills are due upon presentation and payable at the main or bnmch offices of the Company. On all accounts not so paid, a charge of 1-1/2% per month will be applied to any account balances not received by the Company by the next bill date. If the Company fails to mail bills promptly aP, er the billing date, the due date will be extended accordingly. The Customer may designate its billing address. SPECIAL TERMS This schedule is subject to all terms and conditions contained in the agreement for electric service entered into between the Company and each city, county and town governmental authority. FUEL ADJUSTMENT CLAUSE When the estimated unit cost of fuel (Fro/Sm) used to meet Appalachian Power Company's Net Energy Requirement less losses (Sm) is above or below the base unit cost of 12.8000 mills pet kilowatthout (Fb/Sb), an additional charge or credit equal to the product oftbe actual kilowatth0uts used and a fuel clause adjusunent factor (A) shall be made, where (A), calculated to the nearest 0,0001 mill pet kilowatthout, is as defined below: Adjustment Factor (A) = Frn - Fb Sm Sb Any difference between the estimated cost of fuel used to meet Appalachian Power Company's Net Energy Requirement and the actual cost of such fuel will be reflected in the calculation of the Fuel Adjustment Factor in the second succeeding month. In the above formula (F) is the expense of fossil and nuclear fuel in the base (b) and current (m) periods; and (S) is the KWH sales in the base and current periods, all as defined below: Fuel Costs (F) shall be the cost of:. (a) (b) fossil and nuclear fuel consumed in Appalachian Power Company's plants, and Appalachian Power Company's share of fossil and nuclear fuel consumed in jointly owned or leased plants; the actual identifiable fossil and nuclear fuel costs associated with enerKy purchased for reasons other than identified in (b) below;, (c) (d) the net energy cost of energy purchasas, exclusive of cepacity or demand charges (irrespective of the designation assigned to such transaction) when such energy is purchased on an economic dispatch basis (included therein shall be such costs as the charges for economy energy pm~ and the charges as a result of scheduled outage, aH such kinds of energy being purchased by Appalachian Power Company to substitute for its own higher cost energy), and less; the cost of fossil and nuclear fuel recovered through inter-system sales including the fuel costs related to economy energy sales and other energy sold on an economic dispatch basis. Issued: February 2S, 199'/ Effective: July 1, 1996 APPALACHIAN POWER COMPANY PUBLIC AUTHORITY TARIFF NO. 7 SCHEDULE P.A. EXHIBIT B Page 4 of 4 Sales (S) shall be equated to the sum of(a) generation, (b) purchases, (c) interchange-in, less (d) energy associated with pumped stoi'/ge operations, less (c) inter-system sales referred to in (d) above, less (f) total system losses. Sales (S) shall be modified to reflect losses of 10.51% associated with Appalachian Power Company's deliveries to customers served under this schedule. The adjustment factor developed according to the preceding paragraphs may be further modified to allow the recove~ of gross receipts or other similar revenue based tax charges occasioned by the fuel adjustment revenues. The cost of fossil fuel shall include no items other than those listed in Account IS1 of the Commission's Uniform System of Accounts for Public Utilities and Licensees. The cost of nuclear fuel shall be that as shown in Account 518, except that if Account S18 also contains any expense for fossil fuel which has already been included in the cost of fossil fuel, it shall be deducted from this account. All references to the Commission's Uniform System of Accounts for Public Utilities and Licensees shall be to such Uniform System of Accounts for Public Utilities and Licensees as is in effect as of December 1, 1975. Issued: Februnry 25, 1997 Effective: July 1, 1996 Exhibit C APPALACHIAN lOWER COMPANY First i~,vbiou of Sheet No. 18-1 VA. S.C.C. TARIFF NO. 16 SCHEDULE O.L.' (Outdoor Llghttn~ AVAILABILITY OFSERVICE Available for outdoor lighting~ individual onstom~s locami outside arm co,emi by municipal sum lighting systnm. MONTHLY RATE A. Overhead Lighting Serv~m For each of the following, th~ Company will provide lamp, phom~ relay control equipment, luminabe and upswe~p arm not over 6 feet in length, and shall mount same on an existing wood distribution pole or on a n~w wood dism~mtion pole to be installed by the Company which can be corem:tM to axis~g ~condav/facilities by on~ span of' not over 1 $0 feet. Appron. Base " L~,velized Tariff' $ .$ 100 9,500 High Prusure Sodium 8.00 plus .60 094 200 22,000 High Premm~ Sodium 9.36 plus 1.2~ '097 400 50,000 High Pressure Sodium 10.65 plus 1.98 · 098 175 7,000 Mere, ny Vapor 6.58 plus 1.07 ' 093 2~0' 11,000* Mercury Vapor 8.$9 · plus. 1.49 096 400 21,000 Mm:my Vapor 10.13 ' plus 2.34 095 400 32,000 Metal Halide 8.45 plus 1.98 102 Effective Augmt 28, 1990, the 2~0 watt 111000 lumen mercury vapor lamp will no longer be available for n~w installations orfor repair or mplec~nent of existing units. When new fincflifias.in addition to these sWcifled'above are to be installed by the Company, Ihe customer will, in addit/on to the above monthly charge, pay in advance the installation cost ofsuch additional facilities. B. Post-Top Lighting Service For each ofth~ followin& the Compmy ~11 I~de installation (the ~ and height of which will. be consistent with the Company's construction standards), including undergromM wiring for a distm~ of 30 feet from the Company's existing secondary facilities. Rata Pe~ Approx. Bas~ Leveliz~! Tariff $ 175 7,000 Memury vaP°r 7.80 plus ! .07 099 70 5,800 High Presnu~ Sodium ! 1.62 .plus .42 106 100. 9,S00 High Pressure Sodium 1 !.62 plus .60 ! ! I 2~0 27,000 High Pressure Sodium 10.72. plus 1 ~4 103 400 $0,000 High Pressm~ Sodium I i .61 plus 1.98 104 400 32,000 Metal Halide I ! .6 i plus !.98 105 Issued: February 3, 1997 Pursunt to Bmeh Order, January 20, 1997 Ca~ No. P~ Effusive. F~bruary 1, 1997 APPALACHIAN POWER COMPANY VA. S.C.C. TARIFF NO. 16 Sheet No. 18=2 MONTHLY RATE cont. SCHEDULE O.L. (O.tdoor Lighting) (con,hued) When the ~utom~'s re, vice requires an underground circuit Iong~ than 30 feet from existing seoondary facili~es for post-top lighting semite, the customer will pay to the Company, in advance, a charge of $0.90 per foot for the length of underground circuit in exc.~ss of 30 feet. The customer will, whe~ applicable, be mbject to the following conditions in additi .on to paying the monthly charges set forth above: 1. Customers m~uiring service whe~ rock or other advene soil conditions ar~ encountered will be furnished service provided the excess cost ofuenching and backfilling (cost in excess of $0.90 per foot of the total uench length) is paid to the Company by the Customer. 2. In the event the customer requir~ tim an underground circuit be io~nted beneath n cb~,way or other pavement, the Company may require the customer to install protective conduit in the paved arces. PAYMENT For all Residential customen with outdoor ligim, buts are due upen prmentation and payable at the main or branch offices, or autt~rized collection agemes, of the Company within twenty (20) days of the bill prg~m~ion date. A charge of I !/2% per month will be applied to my mount balan~s, excluding local consunm' utili~ taxes, not recoived by the Company by the next bill preparation For all othor cusmme~ with outdoor lights, bills are due upon l~senmlion. Any amount du~ and not re~,.ived at the ~ ' or branch o~s, or anthori,~d coile~tiun agancies of the Company within twenty (20) days of the bill preparation d~ shall be subject to al delayed payment charge of I ½~ This charge shall not be applicable to local consumer utility taxes. HOURS OF lIGHTING All lamps shall bum from one-half hour at~ sunset until one-half hour before sunrise, eve~, night and all night, burning approximately 4,000 hours pet annum. OWNERSHIP OF FACILITIES All facilities necessary for service, mluding fixtures, controls, poles, lramformets, secondaries, lamps and other ~ces, ~ be owned and maintained by ~ Company: AH service and nm:~ssary mainmnam~ will be l)~'ormed only during the regular scheduled working horns of the Company. The Company shall be allowed 48 hours aRer notification by the custon~, to r~place all burned-out lamir. TERM OF CONTRACT Contracts shall be for an initM perind not less ~an one (1) year and shall rumaln in effu:t until either pa~ gives the other 60 days written notice of their intention to terminate the re'vice. SPECIAL TERMS AND CONDITIONS See Team and Conditions of Servi~ Issued: June 13,199~ Pursuant to Find Order Ram Case Nb PUE940063, May 24, 1~ Effective: November IS, 1994 lis fll fll Ill III Itl N Ill KI ltl Itl fll t 1 i'~ I11 Iii iii ~ ~ il Il II ~ ~1 ~1 ill I~ Illl II ~ II II Il II II II II Il Ii II III Illlll ~ i'tl 1 Ill lei ~ N ii Il II ~ ~ Il ~ ~ 1Il ~ ill ~i NI ~1 Ill II il ~l ~l iii Iii eli t 10't I fll ltl ill iii ill II I N tll KI KI fll ~ Ill Ill Ill III fll KI ill III N I~ ii ltl I[I ~1 I 1 iii ~ N t I1 fl ~ II Ii N I il I 1 III III Iii ~ N Ii ti ~ II ~1 NJ II I fli ~ iii I ll'K i ~ Il II ~ It it fl ~ It ti Iii ~'11 il t I~ ilt ~ I~ I~ lil I ~ I I iii K~'I · ~:~ll ~ Ill 1K Iff K1 I lit Ill Itl ~ lg Ill lin Il '1 tH fll lis III KS Iii ill ill lii ill iii NI tit ~ti ~ l'~ I Il'Il ~l Iii lil Il ~ il li II N NI Ni III I~ ~'ltl ~ i'll 1 ~'tl II II II II II H II N I ti Il I1' Ill 10'~li I I~ ltl ~ II III ~1 Iii NI II Ill Ill I I'1 ~ I l Ill tll III N ~ Ii Ii Il ~ ~1 ~t iii I I il Ii Il N ~ ItI II il II il Il [ ~1 II II I! K ~ Il tl ll I1 ~ I1 I1 I ~1 II APPALACHIAN POWER COMPANY Page 1 of 2 Virginia - Street Lighting Rates AVAILABILITY OF SERVICE Available for lighting service sold for the lighting of public streets, public highways and other public outdoor areas in municipalities and political subdivisions where such service can be supplied fi'om the existing general distribution system. MONTHLY RATE From 07/01/96 to 06/30/99 Cost of Facilities Snamp ~ A. Overhead Service on Existin~ Secondary Distribution Facilitie~ 7,000 Lumen .... 5.42 276.00 21,000 Lumen ... 7.71 365.00 58,000 Lumen .... 13.52 470.00 2. High Pressure Sodiu~ 5,800 Lumen .... 4.77 267.00 9,500 Lumen .... 522 285.00 16,000 Lumen .... 5.57 245.00 22,000 Lumen .... 6.76 353.00 50,000 Lumen .... 8.96 422.00 B. Service on Special Company Owned Standard Metal. Concrete. or Ornam~t,al Poles. or Wood Poles Served fi'om Under,round Distribution i. Mercury Vapgr 7,000 Lumen .... 11.79 674.00 21,000 Lumen .... 15.17 817.00 58,000 Lumen .... 21.59 970.00 2. Mercury Vapor Post Top 7,000 Lumen .... 3. High Pressure Sodiutn 5.77 357.00 5,800 Lumen .... I 1.09 671.00 9,500 Lumen .... 11.53 688.00 16,000 Lumen .... 12.94 735.00 22,000 Lumen .... 13.93 805.00 50,000 Lumen .... 17.01 922.00 High Pressure Sodium. Post Top 9,500 Lumen .... 5.57 356.00 Issued: February 25, 1997 Effective: July 1, 1996 APPALACHIAN POWER COMPANY Page 2 of 2 Virginia - Street Lighting Rates SPECIAL TERMS AND CONDITIONS The above rates under Sections A and B are based on the Company's making an investment in new standard facilities in the amount as shown adjacent to the rate. When the investment in new standard facilities, including costs for service from underground, exceeds the predescribed amount, the difference will be paid to the Company by the Customer as a Contribution in Aid of Construction. Decorative and other non-standard fixtures and/or poles are not included in the standard street lighting rate but may be installed at the Company's option. For new installations of more than 50 decorative or nonstandard fixtures and related facilities by a single customer, the Company will install and maintain the nonstandard facilities subject to the monthly charges for a standard street light of equivalent wattage in Sections A and B above and subject to the Company's recovering the difference between the installed cost of the nonstandard facilities and the Cost of Facilities included in the rates in Sections A and B above. The customer agrees to maintain a stock of replacement poles, fixtures and lamps which the Company will acquire, as needed to accomplish replacements. Charges and provisions of service for new installations of less than 50 nonstandard fix'lures and/or poles will be subject to individual negotiations. Customers may request that existing Mercury Vapor lights be removed and replaced by High Pressure Sodium Vapor lights. Where such a request is made, the Company and the customer will identify an orderly and mutually acceptable schedule for accomplishing the requested conversion. Where 3,500 lumen Mercury Vapor slreet lights are to be replaced with Sodium Vapor street lights, such changes will be made, pursuant to an agreed schedule, at no charge to the customer. For conversion of all other Mercury Vapor street lights, the customer agrees to pay to the Company, prior to such conversion, an amount equal to the removal cost of $45 per street light plus the remaining unused life of the Mercury Vapor facilities being removed. In those instances where the Mercury Vapor facilities being removed have been installed for 20 years or longer, there will be no charge for the remaining unused life of the facilities being removed. Existing street lighting facilities served on special Company owned metal, concrete, or omamental poles, and wood poles served from underground distribution will be billed under the rates contained in Section B. Service to Customer owned facilities, such as bridge lighting, etc., will be billed under the rates contained in Section A. Issued: February 25, 1997 Effective: July 1, 1996 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk September 4, 1997 File #29-46-60-117-132-330 Sandra H. Eakin Deputy City Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending execution of a three-year electrical service contract with American Electric Power, was before the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. In connection with annual electrical service savings, Council Member Swain requested that Council be advised as to how future funds will be recommended for expenditure. If the subject matter has been discussed by Council in previous meetings/budget study sessions, etc., Council Member White suggested that future Council reports contain the appropriate reference. Council Member White requested information on whether the City will negotiate other contractual matters in the 1998-99 fiscal year such as telephone, gas, fuel oil, etc. He also requested information regarding the anticipated impact on City rates as a result of deregulation of utilities. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm H:~AGENDA 97\SEPT 2 W. Robert Herbert September 4, 1997 Page 2 pc~ Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations Rose M. Woodford, Executive Secretary, City Manager's Office H:~AGENDA.97\SEPT 2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240 ! 1-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #70-188-236-472 James D. Holloway, Chief Technological Hazards Branch Virginia Department of Emergency Services 310 Turner Road Richmond, Virginia 23225-6491 Dear Mr. Holloway: I am enclosing copy of Resolution No. 33569-090297 authorizing acceptance of the Hazardous Materials Regional Response Team grant, in the total amount of $15,000.00, from the Virginia Department of Emergency Services for training and purchase of specialized equipment for the Hazardous Materials Response Team, and authorizing acceptance, execution and filing of all appropriate documents to obtain such grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, p~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AG EN DA. g'/~SF.F~T. 2 'James D. Holloway September 4, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire/Emergency Medical Services Wanda L. Reed, Manager, Emergency Services Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:~AGENDA.97~SEPT.2 IN TI-[ECOUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 2nd day of September, 1997. No. 33569-090297. A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for training and for the purchase of equipment for the Hazardous Materials Regional Response Team and authorizing the acceptance, execution and filing of all appropriate documents to obtain such a grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Hazardous Materials Regional Response Team grant in the total amount of $15,000.00 from the Virginia Department of Emergency Services for training and the purchase of specialized equipment for such Team. 2. W. Robert Herbert, City Manager, or his successor in office is hereby authorized to accept, execute and file on behalf of the City of Roanoke any and all appropriate documents required to obtain such grant. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of the aforegoing grant or with such project. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk September 4, 1997 File f~60-70-188-236-472 Sandra H. Eakin Deputy C~y Ck, rk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33568-090297 amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of $15,000.00, in connection with the Regional Materials Response Team Grant. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. ~'~O"~''~''Sincerely' ~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire/Emergency Medical Services Wanda L. Reed, Manager, Emergency Services Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor H:'~AG EN DA. 97~SEP'r.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 1997. No. 33568-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Aooropriations Public Safety Hazardous Materials Response Team (1-2) .................... Revenue Public Safety Hazardous Materials Response Team (3) ...................... 1) Expendable Equipment 2) Training and Development 3) State Grant Receipts (035-050-3220-2035) $ 9,000 (035-050-3220-2044) 6,000 (035-035-1234-7067) 15,000 $ 2,178,704 211,665 $ 2,178,704 211,665 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIYEI} CLERKS OFF CE 1:18 September 2, 1997 Report # 97-414 Honorable Mayor and City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Roanoke Fire-EMS Department Hazardous Material Regional Response Team Grant I. BACKGROUND December 2, 1996, the Roanoke Fire-EMS Department submitted a report to City Council recommending that the City enter into an agreement with the Virginia Department of Emergency Services(VDES) for the City to provide, along with the City of Salem, a Level Ill Regional Response Team. City Council concurred with the recommend_a_t_ion and authorized the City Manager to enter into an agreement to participate in a Level HI Regional Response Team. Ce December 13, 1996, the City manager and the State Coordinator of Emergency Services entered into this agreement which is effective until June 30, 1998 unless terminated upon thirty (30) days notice by either party. According to the executed agreement the City of Roanoke, as well as all localities who participate in a regional response team, will receive "pass- through funding", from VDES, to assist with the purchase of equipment and to attend training program~ needed to comply with mandates set by Federal OSHA and Virginia Department of Emergency Services (VDES). Equipment needs range from a $1,000 self contained personal communication device to a $3,000 encapsulated response suit. (A firefighter "dressed out" in Level HI protection will have approximately $8,000 worth of equipment, tools and clothing and will have completed 200 hours of certified training). Training needs have been identified to be Level HI recertification for eight specialists. Pass through funding totaling $15,000 has been received from VDES by the City of Roanoke as of this report and deposited in revenue account 035-035-1234-7067. Honorable Mayor and City Council September 2, 1997 Page 2 H. CURRENT SITUATION Ae The City of Roanoke and the City of Salem will coordinate purchase of equipment for the Hazardous Materials Regional Response Team in order to avoid duplication of expensive equipment and allow for compatibility of equipment purchased. Training classes are coordinated through hazardous material coordinators for respective jurisdictions and in conjunction with VDES. IH. ISSUES, IN ORDER OF IMPORTANCE A. Public Safety B. Equipment Needs C. Training Needs D. Funding IV. ALTERNATIVES IN ORDER OF FEASIBILITY Ae City Council accept the Hazardous Regional Response Team Grant in the amount of $15,000 for the purpose of funding specialized requirements for the Hazardous Materials Regional Response Team. Public Safety - Level IH Regional Response Team improves public safety and the concept could not be implemented without state funds. e Equipment Needs - This funding shah be used to purchase six (6) fully encapsulated disposable suits ($4,000), four (4) self contained personal communication devices ($4,000), and one (1) multiple gas monitor in order to test vapor gases and flammable ranges ($1,000). Equipment needs total-- $9,000.00. e Trainine Needs - This funding shall be used to send two (2) firefighters to an eighty (80) hour chemintry certification course ($1,500), four (4) firefighters/emts to a forty (40) hour advance spill control certification course ($2,500), and six (6) firefighters/emts to an annual haz mat conference ($2,000). Training needs total -- $6,000.00. Honorable Mayor and City Council September 2, 1997 Page 3 Bo City Council not accept the Hazardous Material Regional Response Team Grant in the amount of $15,000 to maintain specialized requirements for the Hazardous Materials Regional Response Team. 1. ~ would not be improved. e ~ment. Necessary equipment will not be purchased for response to Level IH hazardous materials incidents. o Trainim,. Regional training will not be maintained and, therefore, federal and state mandates not met. e Funding in the amount of $15,000 will be returned to the Treasurer, State Department of Emergency Services and request that future funding not be appropriated. Ve RECOMMENDATION City Council approve "Alternative A" and accept the Hazardous Materials Regional Response Team Grant in the amount of $15,000. Be City Council appropriate $9,000 to Other Equipment (Account Number 035-050-3220-2035), appropriate $6,000 to Training and Equipment (Account Nmnber 035-050-3220-2044) under the Hazardous Materials Response Team Grant and increase the revenue estimate by $15,000. Respectfully submitted, W. Robert Herbert City Manager WRH/wvs cc: Director of Finance City Attorney Director of Public Safety Fire-EMS Chief Deputy Fire-EMS Chief/Support Mary F. Parker, CMCIAAE c~y c~ CITY OF ROANOKE Office of the City Clerk ~andra H. Eakin Deputy C~y Ck~rk September 4, 1997 File #72-304-370 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33570-090297 endorsing and authorizing participation with the Commonwealth of Virginia in Partners for Prevention Initiative. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. ~'"X ~ ~,Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment H:~AG ENDA.e7~SEl='T. 2 W. Robert Herbert September 4, 1997 · Page 2 pc: Dr. Molly L. Rutledge, Health Director, Roanoke City Health Department, 515 Eighth Street, S. W., Roanoke, Virginia 24016 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Corinne B. Gott, Manager, Social Services Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGEND^.O7%SEPT. 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33570-090297. A RESOLUTION endorsing and authorizing participation with the Commonwealth of Virginia in Partners for Prevention Initiative. WHEREAS, the federal government has allocated $100 Million dollars in each of federal fiscal years 1999 through 2002 to be divided among the five states that have most reduced out-of-wedlock births in the previous two years without an increase in the abortion rate; WHEREAS, the Commonwealth of Virginia has become the first state in the nation to announce its candidacy for one of these federal awards by supplying incentives to local governments, service agencies, religious institutions, nonprofit organizations and citizens to develop local solutions to the out~-of-wedlock birth problem; WHEREAS, the Commonwealth of Virginia will provide technical and other forms of startup assistance to any Virginia localities that officially partner with the state in competition for the federal award, and the state proposed to distribute any federal award Virginia receives directly to its Partners in Prevention; WHEREAS, a locality becomes a Partner in Prevention by adopting a formal resolution of participation in the initiative and by submitting a plan, reflecting whole community input, to reduce out-of-wedlock births locally; and WHEREAS, the City of Roanoke wishes to join other localities in the Commonwealth in this important community objective. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses the Partner in Prevention Initiative and authorizes participation with the Commonwealth of Virginia as a Partner in Prevention. ATTEST: City Clerk. H ',R ES',R-PARTNE. IA RECEIVED CITY CLERKS OFFICE AUG 27 All :18 September 2, 1997 Report #97-700 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Commonwealth of Virginia Parmers in Prevention Initiative I. BACKGROUND mo Nationally, almost one-third (32%) of all births in 1995 were out-of-wedlock and more than 70% of all out-of-wedlock births were unintended. Bo In Virginia in 1995, the majority (70%) of all out-of-wedlock births were to mothers age 20 and above. Over one-half(54.0%) of all ont-of-wedlock births were to mothers between the ages of 20-29. C. Consequences for the mother include: more likely to have poor health more likely to live below the poverty line more likely to rely on public assistance less likely to marry and more likely to divorce when she does marry D. Consequences for the child include: more likely to be delivered preterm and below birth weight more likely to have chronic health problems and have childhood accidents and injuries more likely to have lower achievement test scores, receive lower grades, have erratic school attendance, be suspended or expelled from school, and dropout of school less likely to attend college and to graduate from college when he or she does attend more likely to have emotional and behavioral problems (anxiety, hyperactivity, depression, substance abuse) more likely to become teenage parents, unmarried parents, and more likely to divorce when he or she does marry more likely to have encounters with the criminal justice system and become incarcerated less likely to be employed and to maintain a steady job when he or she is employed Honorable Mayor and Members of City Council Page 2 September 2, 1997 The Federal Government has allocated $100 million in each of the Federal fiscal years 1999 through 2002 to be divided among the five states that reduce out-of- wedlock births in the previous two years without an increase in the abortion rate. II. CURRENT SITUATION The Commonwealth of Virginia has become the first state in the nation to announce its candidacy for one of these federal awards by supplying incentives to local governments, service agencies, religious institutions, nonprofit organizations, and citizens to develop local solutions to the out-of-wedlock birth problem which is titled "Partners in Prevention." Bo The Commonwealth will provide technical and other forms of start-up assistance to any Virginia locality that officially partners with the State in competition for the federal award and the state proposes to distribute any federal award Virginia receives directly to the localities which declare themselves to be Partners in Prevention. A locality becomes a Partner in Prevention by adopting a formal resolution of participation in the initiative and by submitting a plan which reflects the community as a whole for education of out-of-wedlock births through community Informational forums. Do The Public Health Director has been asked to provide leadership to the localities in developing the plan and in obtaining support from the localities that would like to be eligible to receive the funds should the State of Virginia receive a share of this money. Therefore, the city of Roanoke is requested to pass a resolution to become a Partner in Prevention. III. IS SUES: A. Requirements for local town meetings B. Funding. Honorable Mayor and Members of City Council Page 3 September 2, 1997 IV. ALTERNATWE: Roanoke City endorse the Partners in Prevention Initiative by adopting the attached resolution. Requirements for local communi _ty informational meetings have already been met and common themes collated, and a plan submitted whereby citizens in the Fifth Planning District, including Roanoke City, agree that there needs to be: more emphasis on male responsibility, more assistance by the religious community, teaching and communicating with teens about how to avoid pregnancy, and more promotional efforts are needed for teens and young adults regarding services available to assist them in preventing out-of- wedlock pregnancies. 2. No requirement for a local match is needed in order to receive this money. Bo Do not pass a resolution in support of the Partners in Prevention Initiative, in which case the city of Roanoke would not receive any allocated by the State of Virginia in the years 1999 through 2002. Requirements for local community information meetings has been met. The information gathered can still be utilized by the citizens and agencies without participating in the Partners in Prevention Program. The city_ would not be eligible to receive any funding that the Commonwealth of Virginia may receive for its participation in the program. Honorable Mayor and Members of City Council Page 4 September 2, 1997 V. RECOMMENDATION: mo City Council approve Altemative A, endorsing the Partners in Prevention Initiative thereby able to receive its appropriate share of any allocation, which the State of Virginia receives in the years 1999 through 2002. Sincerely, W. Robert Herbert City Manager CC: Dr. Molly Rutledge, Director, Roanoke City Health Department James D. Grisso, Director of Finance Wilbum C. Dibling, City Attorney Corinne Gott, Superintendent, Department of Social Services Diane Akers, Budget Administrator Glenn D. Radcliffe, Director of Human Development Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin ~puty ci~ C~rk September 4, 1997 File ~60-236-326 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33571-090297 amending and reordaining certain sections of the 1997-98 Consortium Fund Appropriations, providing for appropriation of Community Development Block Grant funds totaling $52,600.00 for the Fifth District Employment and Training Consortium. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. ¢"'~ ~'~ ~'Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~,GENDA.97~SEPT. 2 James D. Grisso September 4, 1997 Page 2 pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Diane S. Akers, Budget Administrator, Office of Management and Budget H:~,GENDA.gT~SEPT. 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 1997. No. 33571-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Consortium 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 1997-98 Consortium Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Fifth District Employment and Training Consortium FY97-98 CDBG - Bootstrap (1-3) ..................................... CDBG - Opportunity Knocks (4-8) ............................. CDBG - Business Training Initiative (9-13) ...................... Revenue $1,109,842 6,200 11,000 35,400 Fifth District Employment and Training Consortium FY97-98 CDBG - Bootstrap (14) ...................................... CDBG - Opportunity Knocks (15) .............................. CDBG - Business Training Initiative (16) ........................ 1) Staff Wages (034-054-9886-8350) $ 4,868 2) Staff Fringes (034-054-9886-8351) 1,217 3) Communications (034-054-9886-8353) 115 4) Wages (034-054-9892-8350) 2,000 5) Fringes (034-054-9892-8351) 500 6) Communications (034-054-9892-8353) 150 7) Supplies (034-054-9892-8355) 1,850 8) Lease/Rentals (034-054-9892-8358) 6,500 9) Staff Wages (034-054-9887-8050) 23,500 10) Staff Fringes (034-054-9887-8051) 5,875 11) Communications (034-054-9887-8353) 400 $1,109,842 6,200 11,000 35,400 12) Supplies 13) Contractual Services 14) CDBG Bootstrap Revenue 15) CDBG Opportunity Knocks Revenue 16) CDBG Business Training Initiative Revenue (034-054-9887-8355) (034-054-9887-8357) (034-034-1234-9886) (034-034-1234-9892) (034-034-1234-9887) $ 350 5,275 6,200 11,000 35,400 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFF!CE September 2, 1997 # 97-701 '97 27 ,11:18 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Funding for the Fifth District Employment and Training Consortium BACKGROUND ao The Fifth District Employment and Training Consortium (FDETC) administers the federally funded Job Training Partnership Act (JTPA) for the Fifth Planning District. o The FDETC serves eligible residents in the counties of Alleghany, Botetourt, Craig and Roanoke as well as the cities of Clifton Forge, Covington, Roanoke and Salem. C. This aqency serves two primary client populations: dislocated workers who have been laid off from employment through no fault of their own (under Title III), and the economically disadvantaged as determined by income guidelines set by the U.S. Dept. of Labor (under Title II-A, II-C and the Summer Youth Employment Program). Do The City of Roanoke is the grant recipient for FDETC funding. City Council must appropriate the funding for all grants and other monies the FDETC receives. Honorable Mayor and Members of City Council Page 2 September 2, 1997 II. CURRENT SITUATION no Fifth District Employment and Training Consortium (FDETC) has received Community Development Block Grant (CDBG) funding for Operation Bootstrap, Roanoke Valley Youth Conservation Service Corps - Opportunity Knocks, and the agency's Employment Training Program. CDBG funds were awarded to the FDETC for administration costs associated with operation of Operation Bootstrap in the amount of $6,200.00. Operation Bootstrap is designed to assist very low income families in the City of Roanoke to become economically self-sufficient through the cooperative efforts of the public and private sectors. The FDETC is responsible for specific aspects of project management and administration. o CDBG funds were awarded to the FDETC for transportation and associated costs of Opportunity Knocks in the amount of $11,000.00. Opportunity Knocks: Roanoke Valley Conservation Service Corps, a statewide Governor's initiative, is a comprehensive youth service project designed to enhance the educational and employment options available to Virginia's at risk youth. o CDBG funds were awarded to the FDETC for project management and administration of the Employment Training Program in the amount of $35,400.00. The Employment Training Program is designed to assist low to moderate income individuals in their efforts to obtain employment. III. Issues A. Program Operations B. Funding C. Timing Honorable Mayor and Members of City Council Page 3 September 2, 1997 IV. ALTERNATIVES Appropriate the FDETC's additional funding totaling $52,600.00. and increase the revenue estimate by $52,600.00, in accounts to be established by the Director of Finance. Program Operations - Existing activities will continue and planned programs will be implemented. Funding - Funds are available from CDBG resources as indicated at no additional cost to the City. o Timing - Immediate action will allow programs to be implemented and completed within planned time frames, July 1, 1997 through June 30, 1998. B o Do not appropriate the FDETC's funding totaling $52,600.00. Program Operations - Planned programs to serve participants would be delayed or never initiated. o Funding - Funds currently available to operate these programs may be rescinded and redistributed to other projects. o Timing - Delay will cause late or failed start- up of programs and possible under expenditure of available funds. Honorable Mayor and Members of City Council Page 4 September 2, 1997 Vo RECOMMENDATION Approve Alternative A: Appropriate the FDETC's funding totaling $52,600.00, and increase the revenue estimate by $52,600.00, in accounts to be established in the Consortium fund by the Director of Finance. Respectively submitted, W. Robert Herbert City Manager WRH/VLP:wc cc: Director of Finance City Attorney Director of Human Development FDETC Executive Director Department of Finance City of Roanoke, Virginia September 2, 1997 RECEIVED CITY CLEiiZS OFFICE TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Caisso, Director of Finance July Financial Report This financial report covers the first month of the 1997-98 fiscal year. The following narrative discusses revenue and expenditure trends to date. General Fund revenues reflect an increase of 4.21%, or $47,000, compared to FY97. Variances in specific categories of revenues are as follows: General Property Taxes have increased 63.89%, or $170,000, due to growth in both real estate and personal property tax collections during July. Most property tax revenue is received in future fiscal months as the taxes become due. Other Local Taxes have decreased $124,000, or 21.96%, because the cable television franchise tax was not received until August 1997 versus July of the prior year. Permits, Fees and Licenses decreased $12,000 or 15.59% due to a decline in street opening permits. Bingo audits are no longer being performed, also causing a decline in fees. Revenue from the Use of Money and Property increased $30,000, or 54.60%, due to growth in interest earnings and increased rental income from the Commonwealth Building. Grants-in-Aid Commonwealth are up $94,000 or 22.53%. Revenues in this category are negative through July 31 of both years due to the reversal of accounting entries that accrued income at June 30 for financial reporting purposes. As revenues are actually received in the next year, this category total becomes positive. The variance in revenues between FY97 and FY98 is caused by increased recordation and rolling stock taxes as well as increased revenue from the Virginia Juvenile Community Crime Control Act (VJCCCA). Charges for Services have increased $44,000 or 17.97% due to increased billings for weed cutting and demolitions. Miscellaneous Revenue has decreased $107,000. A surplus sale was held last July whereas none has been held in the current year. Internal Services have decreased $44,000 or 37.46% because the July 1997 billing to the Roanoke Regional Airport for Fire Safety Services was not made until August. This is a timing difference which will be corrected next month. Honorable Mayor and Members Roanoke City Council September 2, 1997 Page 2 EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 16.55% or $2,115,000 since FY97. Variances in individual expenditure categories are discussed as follows: Judicial Administration expenditures have increased 36.92% or $118,000. The Clerk of Circuit Court has purchased equipment and administrative supplies, and there have been increased expenditures for publications and subscriptions at the Law Library. Expenditures in the Sheriff and Commonwealth's Attorney departments have also risen. Public Safety expenditures have increased $452,000 or 15.73%. Salaries and wages in the labor-intensive Police and Fire departments have increased as employee raises took effect July 1. Equipment purchases have been made in the Jail, Police, EMS, and Juvenile Detention Home departments. Expenditures of nearly $100,000 have been made by Building Inspections for demolitions of condemned properties. Public Works expenditures have risen $611,000 or 17.71%, mostly due to the purchase of automated refuse containers by the Solid Waste Management department. The contract for the FY98 paving program has also increased. Health and Welfare expenditures have increased $98,000 or 9.20% due to increased costs for foster care and increased purchased services in the Employment Services department. Costs of the Hospitalization Program are also higher in July 1997 than 1996. Parks, Recreation and Cultural expenditures have increased $45,000 or 9.75% due to earlier payment of the contribution to the Virginia Transportation Museum and an increased contribution to the Science Museum of Western Virginia. Expenditures in the Recreation department have also increased. Community Development expenditures have increased 17.42% or $55,000. Community Planning has incurred higher fees for professional services while Economic Development has incurred higher costs for diversified housing. Nondepartmental expenditures rose $525,000 due to a transfer to the Grant Fund in July 1997 where none was made in July 1996. I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. JDG/AHA/pac Attachments Director of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE JULY 31, 1997 Balance July 1,1997 Ordinance Number Department CMT004 Recreation Balance July 31, 1997 Purpose Music for Americans and Blues and Jazz Festival $367,576 (5,ooo) $362,576 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Date for the Period July I - July 31 July I - July 31 Percentage 1996-97 1997-98 of Change $266,580 $436,890 63.89 564,771 440,758 (21.96) 75,792 63,978 (15.59) 93,121 89,390 (4.01) 55,027 85,073 54.60 (415,713) (322,033) 22.53 244,003 287,847 17.97 125,935 18,879 (85.01) 117,1 44 73,261 (37.46) $1r126~660 $1~174~043 4.21 Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $65,820,500 0.66% 50,1 79,922 0.88% 590,977 10.83% 925,000 9.66% 1,061,776 8.01% 37,187,561 -0.87% 33,970 3,287,020 8.76% 302,200 6.25% 1,91 2,000 3.83% $16%300~926 0.73% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July I - July 31 July I - July 31 Percentage Unencumbered 1996-97 1997-98 of Change Balance $891,116 318,306 2,877,721 3,452,693 1,062,364 462,149 314,238 3,218,951 180,702 $944,748 6.02 % 435,837 36.92 % 3,330,439 15.73 % 4,064,091 17.71% 1,150,068 9.20 % 507,222 9.75 % 368,973 17.42 % % 3,375,511 4.86 % 706,145 280.78 % $12,778,240 $14,893,034 16.55% Current Fiscal Year $9,853,500 3,941,961 35,644,978 21,008,440 21,009,641 3,693,334 2,373,817 9,510,800 37,130,618 5,430,553 Percent of Revised Budget Appropriations Obligated $10,808,248 8.74% 4,377,798 9.96% 38,975,417 8.54% 25,072,531 16.21% 22,169,709 5.23% 4,200,556 12.08% 2,742,790 13.45% 9,510,800 49,506,129 8.33% 6,136,698 11.51% $149,607,642 $164,500,676 9.05% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July l-July 31 July l-July 31 Percentage 1996-97 1997-98 of Change ($330,986) (100.00) % 1,062,939 2,347,512 120.85 % (84,695) (95,583) 12.86 % 103,700 121,154 16.83 % 3,218,950 3,375,511 4.86 % 95,636 680,535 611.59 % $4,065,544 $6,429,129 58.14 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $7,740,411 N/A 32,826,175 7.15% 2,473,172 N/A 2,994,806 4.05% 40,506,129 8.33% 1,883,173 N/A $88,423,866 7.27% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1-July31 July 1-July31 Percentage Unencumbered Revised Expenditures 1996-97 1997-98 of Change Balance Appropriations Instruction $2,891,225 $2,732,540 (5.49) % General Support 255,042 290,872 14.05 % Transportation 135,853 166,479 22.54 % Operation and Maintenance of Plant 1,197,008 1,518,392 26.85 % Food Services 137,893 99,992 (27.49) % Facilities 652,628 887,347 35.97 % Other Uses of Funds 821,352 1,107,492 34.84 % Special Purpose Grants 1,078,638 1,883,173 74.59 % Total $7,169,639 $8,686,287 21.15 % $61,506,949 2,917,253 2,806,664 8,032,811 3,714,161 2,567,085 $64,239,489 3,208,125 2,973,143 9,551,203 3,814,153 887,347 3,674,577 1,883,173 Percent of Budget Obligated 4.25% 9.07% 5.60% 15.90% 2.62% 100.00% 30.14% N/A $81,544,923 $90,231,210 9.63% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF JULY 31, 1997 Expenditures Unexpended Outstanding Unencumbered Budget To Date Balance Encumbrances Balance General Government $13,799,449 $7,090,499 $6,708,950 $899,503 $5,809,447 Public Safety 9,669,077 9,512,025 157,052 157,052 Education 24,948,464 18,857,320 6,091,144 5,468,059 623,085 Community Development 1,041,000 82,269 958,731 958,731 Recreation 940,407 365,486 574,921 151,780 423,141 Sheets and Bridges 14,606,255 11,740,363 2,865,892 1,242,788 1,623,104 Sanitation Projects 362,396 274,061 88,335 27,273 61,062 Traffic Engineering & Communications 1,900,300 1,454,175 446,125 23,394 422,731 Other Infrastructure Projects 7,643,362 3,428,075 4,215,287 130,781 4,084,506 Capital Improvement Reserve 18,823,512 18,823,512 18,823,512 Total $93,734,222 $52,804,273 $40,929,949 $8,902,309 $32,027,640 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1997 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton County of Roanoke Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1997 $262,054 237,075 18,232 2,040 125,133 76,720 721,254 107,351 106,766 118,048 332,165 389,089 33,234 1,500 5,351 (121,771 ) (81,686) $307,403 1996 $268,757 233,502 17,980 1,922 156,730 53,045 731,936 97,259 275,760 78,231 451,250 280,686 30,086 175 1,488 (131,905) (100,156) $180,530 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1997 Operating Revenue Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Interest on Investments Miscellaneous Revenue Total Nonoperating Revenue (Expenses) Net Income 1997 $574 020 82 993 13 377 62 179 8 236 11 386 8 959 761,150 130,631 185,120 81,250 397,001 364,149 41,465 3,839 45,304 $409,453 1996 $607 320 90 410 24 872 100 795 11 196 14 631 6 761 855,985 123,232 370,952 77,955 572,139 283,846 34,146 3,066 37,212 $321,058 6 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1997 Operating Revenue Rentals Parking Fee Event Expenses Advertising Ad missions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Interest on Investments Miscellaneous Total Nonoperating Revenue Net Loss 1997 2,885 4,475 7,360 76,131 65,656 33,111 174,898 (167,538) 3,040 187 3,227 ($164,311) 1996 $30,525 190 9,739 270 7,267 6,525 54,516 74,234 111,024 31,930 217,188 (162,672) 1,682 264 1,946 ($160,726) 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1997 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Operating Subsidy for GRTC Interest on Investments Interest Expense Miscellaneous Total Nonoperating Revenue (Expenses) Net Income (Loss) 1997 $32 778 34 010 16 371 32 827 33 542 7318 156,846 50,687 45,777 96,464 60,382 (908) (29,053) 691 (29,27O) $31,112 1996 $43,242 46,415 14,607 44,550 29,277 11,303 189,394 56,501 43,376 99,877 89,517 (150,000) 415 (60,924) 3,243 (207,266) ($117,749) 8 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1997 Operating Revenue Pdvate Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Interest on Investments Total Nonoperating Revenue Net Loss 1997 25,201 74,300 99,501 92,904 17,171 1,325 111,400 (11,899) 2,932 2,932 ($8,967) 1996 $2,573 24,081 71,539 98,193 99,936 33,289 1,969 135,194 (37,001) 1,496 1,496 ($35,505) 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1997 Operating Revenue Commission Conference Center Total Operating Revenue Operating Expenses Commission Conference Center Depreciation Expense Total Operating Expenses Operating Income (Loss) Nonoperating Revenue (Expenses) Proceeds from Brick Sales Interest on Investments Conference Center Total Nonoperating Revenue (Expenses) Net Income (Loss) Notes to Financial Statement: (1) (2) 1997 1996 CONFERENCE COMMISSION (1) CENTER (2) TOTAL $ - $ - $ - $ 200,173 200,173 105,323 200,173 200,173 105,323 2,777 - 2,777 2,796 181,936 181,936 130,823 38,749 4,003 42,752 38,058 41,526 185,939 227,465 171,677 (41,526) 14,234 (27,292) (66,354) 200 - 200 75 1,496 - 1,496 315 (1,061) (1,061) (1,146) 1,696 (1,061) 635 (756) ($39,830) $13,173 ($26,657) ($67,110) The column entitled "Commission" represents Commission activity in the City's financial records. The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE MONTH ENDING JULY 31, 1997 Operating Revenue Charges for Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating income (Loss) #onoperating Revenue (Expenses) Interest Revenue Transfer from General Fund Met IIonoperating Revenue (Expenses) Met Income (Loss) City Information Systems TOTALS Materials Management Utility Line Fleet Risk Control Services Services Management Management 1997 1996 $227,858 $16,534 $16,014 $125,469 $2,666 $540,125 $928,666 $907,833 227,868 t8,634 t6,0t4 t26,469 2,688 640,t26 828,666 807,833 109,946 8,207 1,876 167,170 85,442 12,523 385,164 395,383 61,103 1,586 6,220 19,429 58,015 728,222 874,575 691,451 56,200 155 3,706 14,235 123,032 - 197,328 135,811 227,24.9 9,~48 1 t ,802 200,834 268,489 746,746 t ,467,067 1,222,646 609 6,686 4,2t2 (76,366) (263,823) (200,620) (628,401) (314,812) 10,016 (234) 1,043 6,352 7,559 43,494 68,230 61,070 177,692 t0,0t$ (234) 1,043 6,362 7,669 46,494 68,230 238,762 $10,626 $6,362 $6,266 ($88,013) ($266,264) ($167,t26) ($460,171) ($76,060) 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED JULY 31, 1997 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED JULY 31, 1997. GENERAL $6,715,676.40 $9,330,537.12 $3,399,481.32 WATER 7,213,279.11 77,825.69 40,156.92 ' SEWAGE 22,235,508.63 1,582,027.15 1,246,076.04 CIVIC CENTER 698,376.08 7,646.99 54,895.11 TRANSPORTATION (236,286.07) 157,736.53 74,161.02 CAPITAL PROJECTS 34,787,223.98 985,556.69 1,610,053.60 NURSING HOME 628,803.49 99,957.23 16,432.78 CONFERENCE CENTER 324,573.63 200.00 571.00 DEBT SERVICE 9,107,653.65 0.00 1,486,121.65 CITY INFORMATION SYSTEMS 2,257,479.39 6,334.94 164,241.96 MATERIALS CONTROL (5,959.53) 0.00 70,564.22 MANAGEMENT SERVICES 233,315.95 28.80 8,467.24 UTILITY LINES SERV 1,447,044.18 25.18 60,461.82 FLEET MANAGEMENT 1,696,333.52 4,859.73 79,024.34 PAYROLL 2,259,204.75 1,849.84 9,518,747.17 RISK MANAGEMENT 9,753,509.24 7,772.27 685,454.27 PENSION 478,202.15 461,979.71 39,492.01 SCHOOL FUND 7,639,849.35 4,145,698.06 2,573,203.23 FDETC 140,530.24 44,111.83 97,679.49 GRANT 477,283.04 670,102.84 195,353.35 TOTAL $107,851,601.18 $17,584,250.60 $9,713,997.28 6,873,607.03 21,781,403.63 266,762.43. 109,238.161 35,749,207.56! 226,905.08 67,628.02 = 8,797,456.23 1,960,083.81 (127,509.90 207,094.61 1,245,819.26 1,247,221.82 3,064,136.85 (240,686.51 704,833.31 5,690,245.17 (13,126.49) 245,385.80_ $97~569~703.15 ~ CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED JULY 31, 1997. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN TRANSIT INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL DATE: AUGUST 13, 1997 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 1 MONTH ENDING JULY 31, 1997 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1997 $228,322 (856,017) 304,549 3,854 ($319,292) (1) 1996 $2S7,784 (920,500) 1,579,730 2,758 $929,772 (2) Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $753,624 (133,934) 26,329 7,659 653,678 ($972,970) (1) $677,851 (181,490) 26,295 8,676 531,332 $398,440 (2) (1) Reversal of accruals made at June 30, 1997 (2) Reversal of accruals made at June 30, 1996 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET JULY 31, 1997 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets (1997 $264,554,594 1996 $206,018,225) 1997 $900,253 209,412,880 1,047 18,000 $210,332,180 1996 $704,702 173,525,302 2,265 18,000 $174,250,269 Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $773,293 773,293 210,531,857 (972,970) 209,558,887 $210,332,180 $638,868 638,868 173,212,961 398,440 173,611,401 $174,250,269 14 Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 4, 1997 File #1-34-501 The Honorable David C. Anderson City Treasurer Roanoke, Virginia Dear Mr. Anderson: I am attaching copy of Resolution No. 33572-090297 authorizing you to sell 23,158 shares of Class A common stock of Trigon Healthcare, Incorporated, at a price of $25.00 per share, held by the City, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA. g?%SEPT.2 The Honorable David C. Anderson September 4, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kenneth S. Cronin, Manager, Personnel Department Diane S. Akers, Budget Administrator, Office of Management and Budget H:~AGENDA.g'?~SEPT.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33572-090297. A RESOLUTION authorizing the City Treasurer to sell Class A common stock of Trigon Healthcare, Incorporated, held by the City, upon certain terms and conditions. WHEREAS, as a result of the demutualization of Blue Cross and Blue Shield of Virginia, a mutual company doing business as Trigon Blue Cross Blue Shield, the City of Roanoke has become the owner of 23,158 shares of Class A common stock of Trigon Healthcare, Incorporated; WHEREAS, the City and other policy holders receiving shares of stock were required to wait six months, from February 5, 1997, the date Trigon Blue Cross Blue Shield completed its conversion, until August 5, 1997, before selling or transferring the stock (the lookup period); WHEREAS, to comply with Chapter 73 of the 1997 Acts of Assembly, the City Treasurer is required to sell one-third of the number of shares of common stock held by the City on or before the first anniversary of the expiration of the initial lockup period, and an additional one third of the number of shares held by the City on or before the second anniversary of the expiration of the initial lookup period, and all remaining shares held by the City on or before the third anniversary of the expiration of the initial lookup period; and WHEREAS, this Council desires to authorize the Treasurer to sell such shares of Trigon Healthcare, Incorporated, upon certain terms and conditions; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Treasurer of the City of Roanoke is hereby authorized to sell 23,158 shares of Class A common stock of Tfigon Healthcare, Incorporated, at a price of $25.00 per share; provided, however, the Treasurer shall not hold such stock in violation of §3 of Chapter 73 of the 1997 Acts of Assembly. 2. The Treasurer is hereby authorized to obtain proposals from investment brokers as to the fees to be charged to the City for executing such transaction and to engage the investment broker presenting the best proposal to conclude this transaction on behalf of the City. ATTEST: City Clerk. September 2, 1997 RECEIVED CITY CLERKS OFFICE 97 UG27 P4:55 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Authorization for the City Treasurer to Dispose of Stock Received Through the Demutualization of Trigon Blue Cross Blue Shield Dear Mayor Bowers and Members of Council: Background On February 5, 1997, Trigon Blue Cross Blue Shield completed its conversion from a mutual insurance company to a stock company. As such, the City of Roanoke became one of the shareholders of Trigon Healthcare, Incorporated (the holding company for Trigon Blue Cross Blue Shield) Class A Common Stock. Trigon's initial public offering was for 17,825,000 shares at a price of $13.00 per share. Through this demutualization, the City was allocated 23,158 shares. To allow for an orderly trading market for Trigon Healthcare, Inc. stock, policyholders receiving shares of stock were required to wait six months, until August 5, 1997, before selling or transferring the stock. The Code of Virginia authorized the investment of public funds in certain assets, however, it did not authorize investment in stock in a company such as Trigon Healthcare. To address the issue of the Trigon demutualization as it affected localities in the Commonwealth, the 1997 Virginia General Assembly passed House Bill 1998 to relax the strict standard with regard to Trigon Healthcare stock being held by Treasurers or other public officials. The legislation provides a three year period, after the initial lockup period expires, over which Trigon Healthcare stock must be disposed. The legislation requires that on each August 5 anniversary date, beginning with August 5, 1998, one-third of the shares received through demutualization must be disposed of by governmental entities. In August 1997, the City received a stock certificate for 23,158 shares of Trigon Healthcare, Inc. Class A Common Stock. The stock has been trading at a range from $153/8 to $27 per share since its initial public offering. Since the end of the initial lockup period on August 5, 1997, it has been trading at $20 to $21 per share. Current Situation To comply with the provisions of liB 1998, the Treasurer of the City of Roanoke is required to dispose of its 23,158 shares of Trigon Healthcare stock as follows: 7,720 shares not later than August 5, 1998; an additional 7,719 shares not later than August 5, 1999; and the final 7,719 shares not later than August 5, 2000. Honorable Mayor and Members of City Council September 2, 1997 Page 2 Recommendation We recommend that City Council authorize the Treasurer of the City of Roanoke to dispose of the Trigon Healthcare Class A Common Stock at a time when the stock reaches a price of $25 per share. The City Treasurer shah have the authority to engage the services of an investment broker to execute this transaction. A selling price of $25 per share will provide the City with approximately $578,000 in proceeds after brokerage fees of approximately 5¢ per share. This is a reasonable share price to attempt to obtain, while not compromising the duties of the City Treasurer in prudently investing the assets of the City. Respectfully submitted, David C. Anderson City Treasurer Director of Finance DCA/aha/ps C~ W. Robert Herbert, City Manager Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney Kenneth S. Cronin, Manager of Personnel Management Ann H. Allen, Financial Systems Accountant MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #27 Larry G. Conner, Sr., President Aaron J. Conner General Contractor, Inc. P. O. Box 6068 Roanoke, Virginia 24017 Dear Mr. Conner: I am enclosing copy of Ordinance No. 33574-090297 accepting the bid of Aaron J. Conner General Contractor, Inc., for construction of Salem Avenue at First Street Storm Drain Replacement, consisting of replacing existing culvert with new storm drain pipes and drop inlets, in the amount of $184,030.00; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, F~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.97~SEl~T.2 Larry G. Conner, Sr. September 4, 1997 Page 2 pc: The Honorable Marsha Compton Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor H:~AGENDA.9'/%SEPT.2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456' Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #27 Allegheny Construction, Inc. Branch Highways Dixon Contracting, Inc. E. C. Pace Co. Inc. Reed Excavating Ladies and Gentlemen: I am enclosing copy of Ordinance No. 33574-090297 accepting the bid of Aaron J. Conner General Contractor, Inc., for construction of Salem Avenue at First Street Storm Drain Replacement, consisting of replacing existing culvert with new storm drain pipes and drop inlets, in the amount of $184,030.00; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:~AG ENDA.g'/~SEI3T.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI& The 2nd day of September, 1997. No. 33574-090297. AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for the construction of the Salem Avenue at First Street Storm Drain Replacement, consisting of replacing existing culvert with new storm drain pipes and drop inlets, authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The bid of Aaron J. Conner, General Contractor, Inc., made to the City in the total amount of $184,030 for the construction of the Salem Avenue at First Street Storm Drain Replacement, consisting of replacing existing culvert with new storm drain pipes and drop inlets, as is more particularly set forth in the report to this Council dated September 2, 1997, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual dally 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:XMEASURES\O-STDRAI. 1 Mary F. Parker, CMCIAAE c~y c~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y C~rk September 4, 1997 File ~60-27 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33573-090297 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for the transfer of $202,433.00, in connection with construction of Salem Avenue at First Street Storm Drain Replacement project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA.97~SEPT,2 James D. Grisso September 4, 1997 Page 2 pc: The Honorable Marsha Compton Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations D. Dan~,in Roupe, Manager, Supply Management William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget Charles A. Harlow, Grants Compliance Monitor ' H:~AGENDA.gT~EPT,2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 1997. No. 33573-090297. AN ORDINANCE to amend and reordain certain sections of the 1997-98 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 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADorooriations Sanitation Salem Avenue Storm Drain Replacement (1) .................... Capital Improvement Reserve Public Improvement Bonds - Series 1992A (2) ................... $ 564,829 202,433 $11,978,079 2,007,521 1) Appropriated from Bond Funds (008-052-9644-9001) $ 202,433 2) Storm Drains (008-052-9700-9176) (202,433) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RECEIVED CITY CLERKS OFFICE 'g7 AUG 28 All :08 September 2, 1997 Council Report No. 97-183 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT SALEM AVENUE AT FIRST STREET STORM DRAIN REPLACEMENT BID NO, 9'/-7-4 We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Res,~ectfully sL~br~t~e, ('/joVh~ ~!. Parrott, Chairman William F. Clark JHP/DWD/kh Attachment: Bid Committee Report C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to the City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of the Revenue RECEIVED CITY CLERKS OFFICE '97 28 AIO :11 September 2, 1997 Council Report No. 97-183 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT SALEM AVENUE AT FIRST STREET STORM DRAIN REPLACEMENT BID NO. 97-7-4 I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/DWD/kh Attachment: Bid Committee Report C: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue September 2, 1997 Council Report No. 97-183 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: BID COMMITTEE REPORT SALEM AVENUE AT FIRST STREET STORM DRAIN REPLACEMENT BID NO. 97-7-4 Background on the subject in chronological order is as follows: Followino Drooer advertisement, bids were oubliclv Qpened and read ~lQvd by D. Darwin Roupe, Manager, Office of Supply Management, on Tuesday, August 5, 1997, at 2:00 p.m. Six (6) bids were received with Aaron J. Conner, General Contractor, Inc., P.O. Box 6068, Roanoke, Virginia, 24017, submitting the Iow bid in the amount of $184,030. Pr0iect consists of the replacement of the existing storm drain under Salem Avenue and First Street that is not adequate to handle existing storm water and is currently flooding businesses and streets in that area. With new storm drain pipes and drop inlets, Project is now scheduled to start after Second Street is opened. II. Current situation is as follows: A. Pro!ect has been bid and contract needs to be executed. III. I~ue~ in order of importance are as follows: A. Amount of the Iow bid B. Funding C. Time of completion IV. Alternatives in order of feasibility are as follows: A. Award a unit orice contract to Aaron J. Conner, General Contr~;t~r, In(;., in the amount of $184,030 and 60 consecutive calendar days, with a project Honorable Mayor and Members of City Council BID COMMITTEE REPORT SALEM AVENUE AT FIRST STREET STORM DRAIN REPLACEMENT BID NO. 97-7-4 September 2, 1997 Page 2 contingency of $18,403, to replace existing culvert under Salem Avenue at First Street with new storm drain pipes and drop inlets. Amount of the Iow bid is 19.6% below the engineer's estimate, which is acceptable. Fundino is available in account number 008-052-9700-9176, 1992 Bonds, Storm Drains. Contract Amount Contingency Total Project Amount $184,030 18.403 $2O2.433 3. Time of completion is quoted at 60 days, which is acceptable. RejeCt the bids and do not award a contract at this time. Amount of the Iow bid could exceed engineer's estimate at a later date. F~ndinq would not be encumbered at this time. Time of completion could be extended. Recommendation is as follows: City Council concur in alternative "A" and take the following actions: Authorize the City Manaoer to enter into a contractual aoreem~nt, in form approved by the City Attorney, with Aaron J. Conner. General Contractor, Inc., in the amount of $184.030 and 60 consecutive calendar d~y~, with a project contingency of $18,403, to replace existing culvert under Salem Avenue at First Street with new storm drain pipes and drop inlets. Transfer $202.433 from 1992 Bonds. Storm Drains. account number QQI~-052- ~)700-9176 to an account to be established entitled "Salem Avenue Storm Drain Replacement." DWD/kh Honorable Mayor and Members of City Council BID COMMITTEE REPORT SALEM AVENUE AT FIRST STREET STORM DRAIN REPLACEMENT BID NO. 97-7-4 September 2, 1997 Page 3 Attachment: Bid Tabulation C; City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue TABULATION OF BIDS SALEM AVENUE AT FIRST STREET STORM DRAIN REPLACEMENT BID NO. 97-7-4 Bids were opened by D. Darwin Roupe, Manger, Office of Supply Management, on Tuesday, August 5, 1997, at 2:00 p.m. TOTAL BID CONTRACTOR BID BOND AMOUNT Aaron J. Conner, General Contractor, Inc. Yes $184,030 Allegheny Construction Company, Inc. Yes 197,010 E. C. Pace Company, Inc. Yes 201,924 Dixon Contracting, Inc. Yes 224,765 Branch Highways Yes 330,840 Reed Excavating Yes 332,059 Estimated Cost: $228.800.00 Office of the City Engineer Roanoke, Virginia September 2, 1997 CITY OF ROANOKE, VIRGINIA BID FORM DATE: ~/5"'/ SUBMITTED BY: ~¢.F'<2/'9 ~-. 00~Q~2~ ~¢_.,///¢_.,,F¢~'[ ~..O/A.,'"~~~ ~L~- (Exact Firm Name) The undersigned hereby proposes and agrees, if this bid is accepted by the City of Roanoke, to enter into a Contract with the City of Roanoke, Virginia, (hereafter - City or Owner) to furnish all equipment, materials, labor and services necessary to construct the Salem Avenue Storm Drain Replacement, Project Number 6282, in accordance with the Contract Documents as prepar~ed by Mattern & Craig, lnc, Roanoke, Virginia. The quantities of work to be done at the unit prices indicated are approximate only and are intended principally to se~¥e as a guide in evaluating bids. Subject to the constraints of the General Conditions and other Contract Documents, the quantities of work to be done and material furnished at the unit prices bid may be increased or decreased as considered necessary by the City Engineer to fully complete the Work as planned. BASE BID PRICE SCHEDULE ESTIMATED LUMP TOTAL AMOUNT ITEM DESCRIPTION QUANTITIES SUM/UNIT PRICE Mobilization 1 EA 14" Di S~.orm Drain - 27 LF 15" Storm Drain 82 LF / 18" Storm Drain 106 LF /~,/, 24" Storm Drain 40 LF / 36" Storm Drain 162 LF t~0. SDMH #1000 1LS /F/l../0,¢~.¢/~1../0,~ SDMH #1001 1 LS /~'0, SDMH #1002 1 LS SDMH #1003 1 LS / ~/0,~ / ~/./~2,¢-~- SDMH #1004 ILS / SDMH ¢1005 1' LS I z/'~'~, Project: Salem Avenue at First Street Bid Form/Civil Storm Drain ReplaCement Rev. 12/18/96 ESTIMATED LUMP TOTAL AMOUNT ITEM DESCRIPTION QUANTITIES SUM/UNIT PRICE SDMH #1006 1 LS SDMH #1007 1 LS / qO0. ¢_.¢~ /qo0, ~ BI #1002A (10') 1 LS BI #1004A (20') 1LS DI #1004B (12') 1 LS .?,~'/~, DI #1005A (4'). 1 LS DI #1006A (8') 1 LS DI #1007A (10')i 1 LS DI #1007B (4') 1 LS Traffic Control 1 LS ~'700, Rock Excavation 50 CY / Aggregate Backfill Material 1,200 TN Aggregate Base Material 170 TN Asphalt Concrete Base 38 TN Material AsphaltMaterial Concrete Surface 18 TN Portland Cement Concrete 210SY Pavement '- ' Concrete CUrb 80LF ~/. Concrete Sidewalk 120 SY Misc. Concrete Not Formed 10 CY / Record Drawinqs 1 LS Base Bid ~/t~ ~(.z4~/"-/.._.A/ 8 l,~;gr~ ¢~V-~d/'~O~,5~ ~ I'F~ ~ 00~00 (words) 1¢ o 0,). figures Project: Salem Avenue at First Street Storm Drain Replacement dollars, Bid Form/Civil Rev. 12/18/96 .,:: ',The undersigned, if awarded the Contract, and if its bid is in excess of $100,000, proposes ',to use the following major subcontractors whose subcontract constitutes more than ten : ipercent (10%) of the bid amount: Name of Subcontractor Address Estimated Percentage of Contract to Be Performed by the Subcontractor Name of Subcontractor Address Estimated Percentage of Contract to Be Performed by the Subcontractor :::-i'.::The undersigned hereby acknowledges the receipt of the following addenda to the Contract :" ~' Documents: "."' Addendum Number Dated '.':'.- ~ Addendum Number Dated ~.,i:,',; Addendum Number Dated .i.'::!:iThe undersigned hereby agrees,_ if this bid is accepted by the City, to commence work with .': i':an adequate force and equipment on the date stipulated in the written "Notice to Proceed" '.?;from the Office of the City Engineer and to complete the work within sixty (60) days '. :consecutive calendar days from the date stipulated in the written "Notice to Proceed" and to '.:,..pay as liquidated damages the sum of One Hundred ($100.00) Dollars per day as step one '-...'..'liquidated damages and, if applicable the sum of One Hundred ($100.00) Dollars per day as "".istep two liquidated damages to the City of Roanoke for each consecutive calendar day in :;:., excess of the time indicated to fully and satisfactorily complete the work. i::'i'...'The undersigned agrees if this bid is accepted by the City, the failure or refusal of the .i::..;:. undersigned to execute the Contract with the City and furnish to the City the required bonds ':'/..: and certificates of insurance within ten (10) consecutive calendar days from receipt of the ':," Contract Documents will result in a payment of the Bid Security to the City as liquidated :.:.: damages. L! The successful Bidder shall be awarded a Unit Price Contract. ;"~,": Project: ': Salem Avenue at First Street Storm Drain Replacement Bid Form/Civil Rev. 12/18~96 3 of 4 K:\Nd3W\995.SPC: Licensed "Class A", "Class B", or "Class C" Virginia Contractor Number ¢'7¢/ 00. ~¢~ 7~ Bidder is a ~/~'esident or_ nonresident of Virginia. (Check appropriate blank. See Va, Code Section 54.1-1100 et, seq.) State the complete firm name, exactly as it is recorded with the-State Corporation Commission. (TY~ NA~E~ ~F~ ~. ~ ~~ ~ ~.) MAILING ADDRESS ¢~, ~0~ ~0~ CITY ~~ STATE ~ ZIP CODE ~O / ~ TELEPHONE ~0~7~ ~ ] F~ ~) ~?- ~ ~ ESCROW ACCOUNT REQUESTED (if applicable): YES NO ~ DELIVERY OF BIDS: See Section 7.1 of the Instructions of Bidders. D. Darwin Roupe, Manager Office of Supply Management Room 353, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 ii Place in lower left-hand corner of the envelope the project title as indicated at the top of the ::r.~ ~ ; ~ ' -- Invitation to Bid. Place in the upper left-hand corner of the envelope the bidder's name, :": :..:.' mailing address, and Virginia Contractor number. :.'[ COMPLETE NAME OF PROJECT AND BID NUMBER Salem Avenue Storm Drain Replacement Bid No. Project: Salem Avenue at First Street Storm Drain Replacement Bid Form/Civil Rev. 12/18/96 4 of 4 K:XMB~X~gs.$Pc Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 4, 1997 File #24-32-402 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33552-090297 repealing Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, and enacting a new Chapter 7, Building Regulations, to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for a rental certificate of compliance program, effective September 1, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 18, 1997, also adopted by the Council on second reading on Tuesday, September 2, 1997. MFP:sm Sincerely, Mary F. Parker, CMC/AAE City Clerk Attachment N:\CCSM~AGENDA.97\SEPT 2 W. Robert Herbert September 4, 1997 Page 2 pc: The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The 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 Evelyn Jefferson, Vice-President- Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, 209 First Street, S. W., Roanoke, Virginia 24011 The Honorable Arthur B. Crush, Ill, Clerk, Circuit Court Ronald S. AIbright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Ronald H. Miller, Building Commissioner H. Daniel Pollock, Housing Development Coordinator Dolores C. Daniels, Assistant to the City Manager for Community Relations N:\CC SM~AGENDA.97\SEPT 2 IN THE COUNCIL OF THE CfTY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33552-090297. AN ORDfNANCE repealing Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, and enacting new Chapter 7. Building Regulations, to provide for regulations relating to the construction, alteration or repair of buildings or structures within the City; and to provide for a rental certificate of compliance program; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby REPEAl.ED. 2. The Code of the City of Roanoke (1979), as amended, by the enactment of new Chapter 7, Building Regulations, to read and provide as follows: Chapter 7. BUILDING REGULATIONS ARTICLE I. IN GENERAL Sec. 7-1. Penalty_ for violations of chapter. Unless otherwise specifically provided, any person who shall violate any provision of this chapter or any provision of the building code adopted by section 7-5, or who shall fail to comply with any of the requirements thereof, or who shall erect, construct, alter or repair a building or structure or do any other work in and about a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of such code, shall be guilty of a misdemeanor and punishable in accordance with the terms of section 36-106 of the Code of Virginia (1950), as amended. Sec. 7-2. Recovery of costs when city demolishes or removes unsafe building. Any expense or cost incurred by this city in tearing down and destroying any unsafe building or structure, or part thereof, and in the removal, if necessary, of the materials from the land, shall be charged to the person owning or in possession, charge or control of such building or structure, or part thereof, and the city manager shall recover, or cause to be recovered, for the city, from such owner or person in possession, charge or control, the cost to the city of doing such work or causing such work to be done. Such cost shall be and remain a lien on the land upon which such building or structure is located until the same is paid. Such cost may be collected as taxes and levies are collected. Sec. 7-3. Building commissioner appointed enforcing official. The city's building commissioner is hereby appointed as the enforcing official of the building code. Sec. 7-4. Electrical inspector's right of entry; cruthority to disconnect current in emergencies; maximum length of service entrance conductor. (a) The electrical inspector shall have the right, during reasonable hours, to enter any building in the discharge of his official duties, or for the purpose of making any inspection or list of the installation of electric wiring or electric devices and of electric material therein, and shall have the authority to cause the turning off of all electrical current and cut out or disconnect, in cases of emergency, any wire where such electrical current is dangerous to life or property or may interfere with the work of the fire department. (b) The maximum length of a service entrance conductor inside of a building shall be limited to six feet (6') without a disconnect. ARTICLE II. BUILDING CODE Sec. 7-5. Adopted; where copies filed. The provisions, requirements and regulations contained in the Uniform Statewide Building Code of Virginia (1996), and each of the component parts, including, but not limited to, the BOCA National Building Code (1996), the BOCA National Property Maintenance Code (1996), the International Plumbing Code (1995) with 1996 supplement, the International Mechanical Code (1996), the BOCA National Fire Prevention Code (I 996), the Council of American Building Officials One and Two-Family Dwelling Code (1995), and the CABO Model Energy Code (1995), as the same may from time to time hereafter be amended by the State Board of Housing and Community Development, are hereby adopted by the city and are incorporated herein by reference as if set out at length herein, and the same shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. Sec. 7-6. Permit and inspection fees. (a) The fees for permits, inspections and reinspections required by the building code shall be in such amounts as are prescribed, from time to time, by the city council and published in the city's fee compendium. With the exception of fees owed for reinspection of elevators, such fees shall be paid (i) in full prior to the issuance of the permit or the making of the inspection or reinspection, or (ii) pursuant to the deferred payment program set forth in section 2-178.2 of this code. A schedule of fees shall be made available to the public upon request. (b) Invoices for fees for reinspection of elevators shall be mailed to the elevator owner at the last address of record and shall be due in the office of the city treasurer c~nd payable thirty (30) days after the invoice date. Interest at the rate established by section 2-178.1 of this code shall be assessed on all overdue accounts, and no elevator shall be reinspected while any amount of a prior inspection fee and interest for such elevator remains unpaid. (c) The preceding subsections notwithstanding, no fee for the inspection or reinspection of an elevator in a building owned by the city shall be due and payable, and no permit fee for maintenance and minor remodeling performed by city employees on city property shall be due or payable. Sec. 7-7. Buildin code board of a eals created- corn osition. Pursuant to the building code, there is hereby created a building code board of appeals, which shall consist of five (5) members and two (2) alternates who shall be appointed by city council. The building code board of appeals shall have jurisdiction to consider appeals pursuant to the building code, except those appeals pursuant to any portion of that component of the building code known as the BOCA National Property Maintenance Code, as the same is amended from time to time by the State Board of Housing and Community Development. Sec. 7-8. P_o ... 'nt a c o ebo of aoneaJs Pursuant to the building code, there is hereby created a property maintenance code board of appeals, which shall consist of five (5) members and two (2) alternates who shall be appointed by the city council. The property maintenance code board of appeals shall have jurisdiction to consider appeals pursuant to any portion of that component of the building code known as the BOCA National Property Maintenance Code, as the same is amended from time to time by the State Board of Housing and Community Development. ARTICLE III. RENTAL CERTIFICATE OF COMPLIANCE Sec. 7-34. -Purpose and inten2. The city council finds that certain residential rental housing, when not the subject of either regular inspections, or inspections upon a change in tenancy, to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. The city council further finds that certain residential housing areas within the city, designated as conservation and rehabilitation districts, are in need of a housing inspection program to prevent property deterioration and neighborhood blight, and to protect the public health, safety and welfare by ensuring proper building maintenance and compliance with applicable building regulations in rental dwellings. Sec. 7-35. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Property Maintenance Code means that portion of the building code entitled the BOCA National Property Maintenance Code as referred to and adopted by reference in section 7-5 of this code, and any amendments to the BOCA National Property Maintenance Code, or subsequent editions. Tenant means any person who is not an owner of the dwelling or dwelling unit which he occupies. The word "tenant" shall not include any person who occupies the same dwelling unit with any owner of such dwelling unit, or any person related by blood or marriage to the owner and occupying the same dwelling with such owner. Sec. 7-36. Applicability. The provisions of this article shall apply to all dwelling units not occupied by any owner and all dwellings, exclusive of a dwelling unit occupied by any owner, which are located in the areas heretofore or hereafter designated by the city council as conservation or rehabilitation districts. A map showing the city's conservation and rehabilitation districts for purposes of this article shall be available for public inspection in the Housing Development Office for the City of Roanoke. Sec. 7-37. Inspection and certificate of compliance required. (a) After July 1, 1996, no owner or managing agent of any dwelling or dwelling unit located in a conservation or rehabilitation district identified in section 7-36 of this article shall permit a change in occupancy of any such dwelling or dwelling unit, or permit a new tenant or tenants to occupy a dwelling or dwelling unit which is vacant on the date the requirements of this subparagraph apply to such a dwelling or dwelling unit, unless the dwelling or dwelling unit shall be the subject of a valid certificate of compliance, a temporary waiver of compliance certificate, or a certificate of exemption. The requirements of this subparagraph shall not apply to any dwelling or dwelling unit, until the city manager has published notice in a newspaper having general circulation in the city, at least thirty (30) days in advance, of the initiation of the Rental Certificate of Compliance Program within the particular conservation or rehabilitation district, or a portion thereof, in which the dwelling or dwelling unit is located, and until an inspection of the dwelling or dwelling unit pursuant to this article has been scheduled. (b) Compliance with the terms of this article shall be evidenced by a certificate of compliance issued by the city manager. Except as otherwise noted in this article, a certificate of compliance shall be valid for two (2) years from the date of issuance, or until any tenant occupying a dwelhng or dwellin~ unit on the date of the expiration of such two-year period vacates such dwelling or dwelling unit. (c) The consent of any owner, managing agent or tenant, shall be required before any inspection pursuant to subsection (a) of this section is performed, unless the inspection is conducted pursuant to other lawful means. (d) In no event shall the issuance of a certificate of compliance serve to exempt the owner, managing agent or tenant of the property from compliance with all applicable statutes, laws, ordinances and regulations pertaining to housing. Sec. 7-38. Exemptions. (a) A certificate of compliance shall be issued, and no inspection shall be required within three (3) years of the issuance of a certificate of occupancy, for a new dwelling or dwelling unit constructed under the provisions of the building code in effect at the time of the construction. (b) A certificate of compliance shall be issued, and no inspection shall be required within three (3) years of the date of issuance, upon the building commissioner's written determination that a dwelling or dwelling unit which has been the subject of a building permit for substantial rehabilitation or repair, which rehabilitation or repair meets the requirements ot the building code and the extent of the rehabilitation or repair renders the entire dwelling or dwelling unit equivalent to new construction with respect to the general public health, safety and welfare. Sec. 7-39. Certificate of exemption. (a) The city manager may issue a certificate of exemption for any dwelling unit in a multiple-family rental complex ("rental complex") strictly meeting each of the following criteria: (1) No less than ten (10) of the dwelling units within the rental complex have been randomly selected, inspected and approved under the terms of this article; and (2) At the time of the inspections, no violations of the code exist within the dwelling units or dwellings so inspected. (b) A certificate of exemption shall be valid for a period of two (2) years from the date of issuance. (c) If the city manager determines during any two-year exemption period that one (1) or more substantial violations of applicable building regulations in effect existed at the time of the inspection pertaining to the condition of any dwelling or dwelling unit contained in the rental complex, the city manager may revoke the certificate of exemption. Prior to any such revocation, the city manager shall send by first class mail written notice to the owner or managing agent, specifying the nature of the violations found and the date upon which the revocation of the certificate of exemption will take effect. Roof of mailing to the last known address of the owner or managing agent of the property, by affidavit or otherwise, shall be sufficient evidence that the notice was received. (d) The issuance of a certificate of exemption shall exempt the owner or managing agent from the requirements of inspections within this article. In no event does the issuance of a certificate of exemption serve to exempt the owner, managing agent or tenant from compliance with all applicable statutes, laws, and ordinances, including the property maintenance code. Sec. 7-40..Issuance of certificate of complianco_. (a) The city manager shall issue a certificate of compliance if, upon inspection, the dwelling or dwelling unit complies with the property maintenance code. The owner or managing agent will be entitled to receive a certificate of compliance immediately upon the city manager's determination that a dwelling or dwelling unit complies with the property maintenance code. (b) If the dwelling or dwelling unit fails to comply with any one (1) or more of all applicable building regulations set forth in the property maintenance code, the city manager shall furnish the owner, managing agent or tenant with a written list of specific violations and the time frame within which to correct said violations. Failure to list any viol~ion shall not be deemed a waiver of such violation. Upon the completion of all corrections and repairs, the owner, managing agent or tenant shall request a reinspection of the dwelling or dwelling unit. Sec. 7-41. Temporc~_ waiver of complianc,~. (a) A tempor~y waiver of compliance certificate may be issued for any dwelling or dwelling unit which is inspected pursuant to this article and fails to comply with regulc~tions set forth in the property maintenance code. Such temporary waiver of compliance certific~e may be issued only upon a determination by the city manager th~: (1) (2) The work necessary to bring the dwelling or dwelling unit into compliance with the property maintenance code, can be reasonably undertaken and completed while the premises are occupied without endangering the safety of the occupants of the property, or subjecting the occupants to any conditions rendering the dwelling or dwelling unit uninhabitable; and The dwelling or dwelling unit can be brought into compliance with all applicable building code requirements within the period of time for which the temporary waiver of compliance certificate is issued not to exceed six (6) months. (b) A temporary waiver of compliance certificate shall authorize the occupancy of the dwelling or dwelling unit for such period of time as is reasonably necessary to remedy or correct all defects or violations by reason of which the certificate of compliance was refused. Every temporary waiver of compliance certificate shall set forth the period of time for which temporary occupancy is c~uthorized, such period of time not to exceed six (6) months. The failure of the owner, managing agent or tenant to complete all corrections within the specified period of time shall constitute a violation of this article. Sec. 7-42. Display_ of proof of compliance. (a) Any sticker issued in connection with, and evidencing the issuance of, any certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, may be adhered to the dwelling or dwelling unit to which it applies. No such sticker may be adhered to any dwelling or dwelling unit for which the sticker was not intended, or issued, and the use of such a sticker shall not be mandatory. (b) No sticker referenced in subsection (a) of this section may be displayed upon the receipt of the city manager's notice of revocation of a certificate of exemption, and no sticker relating to a certificate of compliance or temporary waiver of compliance certificate which has expired shall be displayed. Sec. 7-43. Alteration of proof of compliance. No person may deface or alter a certificate of compliance, temporary waiver of compliance certificate, certificate of exemption, or sticker issued in connection therewith, in whole or in part, without the written permission of the city manager. Sec. 7-44. Fees. The fees for inspections shall be as set forth in the fee compendium as amended from time to time by the city council. Sec. 7-45. Appec~ls. (a) Any person aggrieved by any determination or decision of the city manager made pursuant to this article shall have the right to appeal such determination or decision within twenty-one (21) calendar days of such determination to the building commissioner for the city. Notice of such appeal shall be in writing, on forms provided by the city manager, shall specify the grounds of appeal, and shall be delivered to the building commissioner for the city prior to the expiration of the twenty-one (21) calendar day period. The building commissioner, or his designee, shall meet with the person aggrieved by the determination or decision of the city manager within five (5) business days of receipt of such notice of appeal to consider the appeal, unless the owner or his managing agent agrees, in writing, to an extension. Any such aggrieved person may request that the building commissioner invite to the meeting persons deemed helpful in resolving the dispute. The building commissioner shall render his decision within five (5) business days after such meeting. (b) Any person aggrieved by any determination or decision of the building commissioner made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the property maintenance code. (c) Nothing in this article shall be construed to limit, impair, alter or extend the rights and remedies of persons in their relationship of landlord and tenant as such rights and remedies exist under applicable law. 10 (d) Nothing in this article shall be construed to relieve or exempt any person from otherwise complying with all applicable laws, ordinances, standards and regulations pertaining to the condition of buildings and other structures. (e) Nothing in this article shall be construed to limit the authority of the city manager to perform housing inspections in accordance with applicable law. Sec. 7-46. Alternative remedies. 1997. In addition to any penalty imposed for a violation of this chapter, any such violation may be corrected, removed or abated through court order or an appropriate suit in equity. Sec. 7-47. Reaulations. The city manager is authorized to promulgate regulations not inconsistent with the terms of this article. 3. This ordinance shall be in full force and effect on and after September 1, 11 RECEIVED CITY CLERI{S OFFICE '97 ,UG 12 P3:05 August 18, 1997 Council Report No. 97-179 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Sub3ect: Changes in Chapter 7 of Roanoke City Code, Building Regulations I. Background: ae The Virginia Uniform Statewide Buildinq Code (USBC) prescribes required standards for construction and maintenance of buildings. Be The USBC is amended from time to time by the Board of the Department of Housing and Community Development. II. Current Situation: ae The Board of Housing and Community Development has adopted all of the current Building Officials and Code Administrators International, Inc. (BOCA) model codes with amendments, to comprise the USBC. Be Enforcement of the USBC by the City is mandatory, except for the Property Maintenance Code portion, which the City has chosen to enforce. Ce Several parts of Chapter 7, "Building Requlations," of the Code of the City of Roanoke (1979), as amended, need revision or deletion, because they either are addressed by the current version of the USBC, need to be made consistent with the USBC, or have been assumed by the Virginia Department of Professional and Occupational Regulations, e.g., testing and certification of contractors and tradesmen. III. Issues: A. Requirements of law B. Protection of public safety Honorable Mayor Bowers and City Council Page 2 August 18, 1997 IV. Ve Ce Clarification and updating the City Coda regarding regulations affecting building construction and maintenance. Alternatives: ae Amend Chapter 7, "Building Requlations," of the Code of the City of Roanoke (1979), as amended, to be consistent with the Code of Virginia (1950), as amended, as outlined on the attachment, and effective as of September 1, 1997. Requirements of law will be met by providing legal documentation by adoption of building regulations as set forth in the Code of Virginia (1950), as amended. Protection of public safety will be enhanced by enforcement of the current version of the USBC by the City's Building Department. Clarification and updatin~ of the City Codn will be accomplished by deleting and amending certain sections to comply with the USBC and the Department of Professional and Occupational Regulations. Do not amend changes to Chapter 7 of the Code of the City of Roanoke (1979), to be consistent with State law. 1. Some requirements of law may not be met. Protection of public safety would be compromised by maintaining outdated regulations. Clarification and updatin~ of the City Code regarding building construction and maintenance would not be met, resulting in confusion regarding applicable regulations and their enforcement. Recommendation is that City Council concur with Alternative "A" and amend Chapter 7, "Building Regulations," of the Code of the City of Roanoke (1979), as amended, to be consistent with the Code of Virginia (1950), as amended, as outlined on the attachment. Honorable Mayor Bowers and City Council Page 3 August 18, 1997 Respectfully submitted, W. Robert Herbert City Manager WRH/RHM/ga Attachment cc: City Attorney Department of Finance Director of Public Works Building Commissioner Housing Development Coordinator SECTION 7-1 Fire Limits Chapter 7 Building Regulations CHANGE NEW SECTION Delete - 7-2 7-3 7-4 7-5 7-6 Penalty for violations of chapter Contractors license and regulations Recovery of costs when city demolishes or removes unsafe building Certification of plumbers, electrical and building related mechanical workers Criminal Penalty Revised 7-1 Delete Revised 7-2 Delete Delete 7-13 Adopted; where copies filed Revised 7-5 7-14 Permit and inspection Revised 7-6 7-16 Building Construction Division created, composition Revised 7-7 7-30 Adopted; where copies filed Revised 7-5 7-31 Amendments Sec.106.6 Transfer of ownership Deleted Attachment A REASON Currently covered in USBC To reference State Code of Va. 36-106 No longer needed; covered by State No substantive changes; renumbered only No longer needed; covered by State Covered in new Section 7-2 Updates reference to current components of USBC No substantive changes; renumbered only To exclude Property Maintenance Code issues; new name; jurisdiction all of USBC, except BOCA National Property Maintenance Code Updates reference to current components of USBC Is now in Property Maintenance Code 7-32 Building Maintenance Division created; composition 7-33 Building Commissioner appointed enforcing official 7-35 Definitions 7-38 Exemptions 7-39 Certificate of exceptions 7-40 Issuance of Certificate of Compliance 7-41 Temporary waiver of Compliance 7-45 Appeals Article III Plumbing Work Article IV Electrical Work 7-66, 7-70, 7-71 7-68 Electrical Inspectors right of entry Article V Building - Related Mechanical Work Revised Revised Revised Revised Revised Revised Revised Revised Delete Delete Revised Delete 7-8 7-3 7-35 7-38 7-39 7-40 7-41 7-45 7-4 To create a Property Maintenance Code Board of Appeals No substantive changes; renumbered only To reflect new definition of Property Maintenance Code Changes reference from USBC, Volume I, to newly defined building code Changes reference from USBC, Volume II, to newly defined Property Maintenance Code Changes reference from USBC, Volume II, to newly defined Property Maintenance Code Changes reference from USBC, Volume II, to newly defined Property Maintenance Code Changes reference from USBC, Volume II, to Property Maintenance Code No longer needed; covered by State No longer needed; covered by State No substantive changes; renumbered only No longer needed; covered by State Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk September 4, 1997 File ft514 Sandra H. Eakin ~puty C~y Ck, rk The Honorable Arthur B. Crush, III, Clerk Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 33560-090297, for proper reCOrdation in your office, permanently vacating, discontinuing and closing a section of Norfolk Avenue, S. W., beginning at the easterly intersection of Third Street and Norfolk Avenue, and running in an easterly direction to Second Street and the Second Street Bridge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Bdck Office Building" and the northeasterly comer of Official Tax No. 1010206. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 18, 1997, also adopted by the Council on second reading on Tuesday, September 2, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment pc: Katherine F. Houck, Executive Director, The Virginia Museum of Transportation, Inc., 303 Norfolk Avenue, S. W., Roanoke, Virginia 24016 H:~AGENDA.gT~EPT. 2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011- ! 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #514 Katherine F. Houck Executive Director The Virginia Museum of Transportation, Inc. 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Houck: I am enclosing copy of Ordinance No. 33560-090297 permanently vacating, discontinuing and closing a section of Norfolk Avenue, S. W., beginning at the easterly intersection of Third Street and Norfolk Avenue, and running in an easterly direction to Second Street and the Second Street Bddge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly corner of Official Tax No. 1010206. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 18, 1997, also adopted by the Council on second reading on Tuesday, September 2, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AGENDA.g'?~SEF~.2 Katherine F. Houck September 4, 1997 Page 2 pc: The Roanoke Times, P. O. Box 2491, Roanoke, Virginia 24010 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AG ENDA. g71,~EPq'. 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33560-090297. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the Virginia Museum of Transportation, Inc., 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 hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on August 18, 1997, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors 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 section of Norfolk Avenue, S.W., beginning at the easterly intersection of Third Street, S.W., and Norfolk Avenue, S.W., and running in an easterly direction to Second Street, S.W., and the Second Street Bridge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly corner of Official Tax No. 1010206, be, and is 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 public utility, 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 closure of the above-described right-of-way is conditioned upon applicant's submitting to the 2 City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Virginia Museum of Transportation, Inc., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. H:\ORD-CLOS\O-VAMUSE. 1 B 3 Roanoke City Planning Commission August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request fi.om the Virginia Museum of Transportation, Inc., that a section of Norfolk Avenue, S.W., from its intersection with Third Street, S.W., to its intersection with Second Street, S.W., be permanently, vacated, discontinued and closed. Back~round: Norfolk Avenue, S,W., as requested for vacation lies between Third Street, S.W., and Second Street, S.W., in front of a portion of the Virginia Museum of Transportation building. Bo Applicant desires to use one-half of the street fight-of-way for a pedestrian plaza which will connect with the City's proposed linear railwalk. Application states that the remaining one-half of the street right-of-way will be used by the only other abutting property owner, the Roanoke Times, for delivery truck and emergency vehicles. Applicant and the Roanoke Times are the only owners of property abutting this section of Norfolk Avenue, S.W. Application states that both property owners are in agreement on the proposed closure of this section of Norfolk Avenue, S.W. II. Current Situation: Construction of the new bridge at Second Street, S.W., has rendered this section of Norfolk Avenue, S.W., useless as a street connection for general traffic needs. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 B. III. I~$~es: A. B. C. D. E. F. IV. Section of Norf01k Avenue, as requested for vacation, is currently closed to traffic due to bridge construction and is currently being used to provide access to parking area for the applicant's property and the Roanoke Times. Public heating was held by the Planning Commission on July 2, 1997. No objection or opposition to the proposed closure was expressed by any person or persons in attendance at the heating. Neighborhood impact. Traffic impact. Utilities within the public tight-of-way. Creation of a dead-end street. Land use. Relationship to the comprehensive plan. Alternatives: Approve the applicant's request to vacate the described portion of Norfolk Avenue, S.W., between Third and Second Streets, S.W., subject to certain conditions as outlined in part V., of this report. 1. Neighborhood impact. Vacation of the described section of Norfolk Avenue, S.W., will have a positive effect on the surrounding business community. 2. Traffic impact. City has no current or future plans to utilize this section of street for traffic needs or purposes. 3. Utilities within the public tight-of-way. Easements will be retained for all public and private utilities that are located within the street right-of-way. Creation of a dead-end street. Vacation of the described street section will not create a dead-end street. 5. Land use: a. Vacation of this street section will create a substandard lot; Members of Council Page 3 bo Subdivision plat should be required to ensure appropriate disposition of the land within the vacated right-of-way. Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. Deny the applicant's request to vacate that portion of Norfolk Avenue, S.W., between Third and Second Streets, S.W. Neighborhood impact. Applicant will be unable to utilize the land within the street right-of-way for the purpose of constructing a pedestrian plaza. ° Traffic impact. Street section will remain as a dead-end street that terminates at the side wall of the new bridge with no turnaround (cul-de-sac). 3. Utilities within the public right-of-way will not be an issue. 4. Creation of a dead-end street will not be an issue. 5. Land use: a. Street section is no longer needed for public traffic purposes. Land within the street right-of-way could be used more efficiently by the abutting property owners. .6. Relationship to the comprehensive plan. Denial would be inconsistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. V. Recommendation: Planning Commission, by a vote of 4-0 .(Mrs. Duerk and Mrs. Coles and Mr. Manetta absent) recommend that City Council approve Alternative A, thereby approving the applicant's request to vacate the described section of Norfolk Avenue, S.W., subject to the following conditions: ho The applicant shall submit to the City for its review and approval, receive approval of, and record in the Office of the Roanoke City Circuit Court, a subdivision plat, with said plat providing thereon for the following: Members of Council Page 4 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. the retention of appropriate easements, together with the right of public passage over the same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the fight-of-way. Bo If the above conditions have not been met within a period of 12 months from the date of the adoption of the ordinance providing for the closure of the subject right-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachment cc: Assistant City Attorney Petitioner In the Council of the City of Roanoke, Virginia IN RE'. Application of the Virginia Museum of Transportation, Inc. for vacation of that portion of Norfolk Avenue, S.W. between 3rd Street, S.W. and the 2nd Street Bridge MEMBERS OF COUNCIL: The Virginia Museum of Transportation, Inc., applies to have Norfolk Avenue between 3rd Street and the 2nd Street Bridge, 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. This street is more particularly described on the plat attached and as follows: The section of Norfolk Avenue, S.W. that begins at the easterly intersection of 3rd Street, SW and Norfolk Avenue, SW and runs East to 2nd Street, SW and the 2nd Street Bridge terminating at the corner of the Virginia Museum of Transportation (noted as the 2 St. Brick Office Bldg.) and the corner of the Roanoke Times (noted as TMP 1010206). The Virginia Museum of Transportation, Inc. states that the grounds for this application are as follows: 1. The landowner, the Roanoke Times, whose property adjoins the property to be vacated has been notified and is in agreement with this application. 2. The property to be vacated is presently closed to public traffic due to bridge construction. It is currently used to provide access to parking areas for the Virginia Museum of Transportation, Inc. employees and the Roanoke Times. 3. The Virginia Museum of Transportation, Inc. desires to build a pedestrian plaza extending from our property to half of the street which we ask to be vacated which will connect with Roanoke City's proposed linear railwalk. The other half of the street will be used by the Roanoke Times' delivery trucks and emergency vehicles only. WHEREFORE, the Virginia Museum of Transportation, Inc. respectfully requests that the above described portion of Norfolk Avenue, SW be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Katherine F. Houck Executive Director Virginia Museum of Transportation, Inc. May 23, 1997 tPl ~ FlIP~RE, B: ~ NOrAPY P~L/~ ~E Street Section Requested for Closure UNE ~,,~o ,,~rr-o,~ LOT I $. 1'10 AC. ~,c~. ¸TX Virginia Museum of Transportation ,~ R/W V/P/E5 N~'40'1 I 90- t"P~e OIO 011"tOn ~rBrl, n.-., :- BO00 PlAT OF ,.,RURVE ~ 5UOblVlblON OF A POPT, 0 HEREON Map A NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 18, 1997, 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 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 section of Norfolk Avenue, S.W., beginning at the easterly intersection of Third Street, S.W., and Norfolk Avenue, S.W., and running in an easterly direction to Second Street, S.W., and the Second Street Bridge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly corner of Official Tax No. 1010206. 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. GIVEN under my hand this ?9th day of duly , 1997. Mary F. Parker, City Clerk. I-{:\NOTICE\NA-VAMUS. 1 B TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF: Virginia Museum of Transportation for a portion of ) Norfolk Avenue, S.W. 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 15.1-341, Code of Virginia, 0950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of June, 1997, notices ora public hearing to be held on the 2nd day of July, 1997, on the closures captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 0wner's Name Mailing Address 1010201 Roanoke Times P.O. Box 2491 1010206 ~ ~ ~/.~ ~ ~ ~.~~ Roanoke, VA 24010 · [.- ~rth~P~ce Fra~dfn - SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day ofJunel, 1997 ~~p~~~~ &'-'~otary ublic ~ NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANlVlNG COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, July 2, 1997, at ! :30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building 215 Church Avenue, S.W., in order to consider the following: Request from the Vh'ginia Museum of Transportatioo, Inc., that a section of Norfolk Avenue, S.W., beginning ~t the easterly intersection of Third Street, S.W., and Norfolk Avenue, S.W., and running in an easterly direction to Second Street, S.W. be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Manha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, June 17, 1997 and Tuesday, June 24, 1997 Plta~ bill: The Virgini~ Museum of Tr~nsportaiton ~03 Norfolk Avenue, S.W. Roanoke, YA 24016 342-5~70 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 2, 1997 File #514 Gilbert E. Butler, Jr., Chair City Planning Commission 2416 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 from Katherine F. Houck, Executive Director, Virginia Museum of Transportation, Inc., requesting that a portion of Norfolk Avenue, between Third Street, S. W., and the Second Street Bridge be vacated, discontinued and closed. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~"l'REET$.g7~MU~EUM.~PO Gilbert E. Butler June 2, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Katherine F. Houck, Executive Director, Virginia Museum of Transportation, Inc., 303 Norfolk Avenue, S. W., Roanoke, Virginia 24016 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:'~TREE'T~ ~'~MU,.~-U M,WPI~ In the Council of the City of Roanoke, Virginia IN RE: Application of the Virginia Museum of Transportation, Inc. for vacation of that portion of Norfolk Avenue, S.W. between 3rd Street, S.W. and the 2nd Street Bridge MEMBERS OF COUNCIL: The Virginia Museum of Transportation, Inc., applies to have Norfolk Avenue between 3rd Street and the 2nd Street Bridge, 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. This street is more particularly described on the plat attached and as follows: The section of Norfolk Avenue, S.W. that begins at the easterly intersection of 3rd Street, SW and Norfolk Avenue, SW and runs East to 2nd Street, SW and the 2nd Street Bridge terminating at the corner of the Virginia Museum of Transportation (noted as the 2 St. Brick Office Bldg.) and the corner of the Roanoke . Times (noted as TMP 1010206). The Virginia Museum of Transportation, Inc. states that the grounds for this application are as follows: 1. The landowner, the Roanoke Times, whose property adjoins the property to be vacated has been notified and is in agreement with this application. 2. The property to be vacated is presently closed to public traffic due to bridge construction. It is currently used to provide access to parking areas for the Virginia Museum of Transportation, Inc. employees and the Roanoke Times. 3. The Virginia Museum of Transportation, Inc. desires to build a pedestrian plaza extending from our property to half of the street which we ask to be vacated which will connect with Roanoke City's proposed linear railwalk. The other half of the street will be used by the Roanoke Times' delivery trucks and emergency vehicles only. WHEREFORE, the Virginia Museum of Transportation, Inc. respectfully requests that the above described portion of Norfolk Avenue, SW be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. K~therine F. Houck Executive Director Virginia Museum of Transportation, Inc. May 23, 1997 VIRG MUSEUM OF TRANSP..0RTATION ING Ms. Mary F. Parker, city Clerk 215 Church Ave. Roanoke, VA 24011 May 21, 1997 Dear Ms. Parker: On behalf of the Board of Directors of the Virginia Museum of Transportation, Inc. I am sending you an application to permanently vacate that portion of Norfolk Ave., SW between 3rd Street, SW and the 2nd Street Bridge. Complying with the "Procedure for Altering or Vacating Streets or Alleys" I have enclosed the original and one copy of the application as well as the plat showing the area. The property owner that will be affected by this closure is the Roanoke Times. The Contact is: Walter Rugaber Roanoke Times P.O. Box 2491 Roanoke, VA 24010 I have enclosed a check made payable to you for $100.00. Please inform of the dates I need to present before the Planning. Commission and before Roanoke city Council. As always, we are grateful for the constant commitment of the City of Roanoke for the Virginia Museum of Transportation, Inc. and our region's rich transportation heritage. cc/ Walter Rugaber Vince Reynolds David Smith With ' dest re rds, K~her.ine F. Houck ~ecutive Director 303 NORFOLK AVENUE · ROANOKE, VIRGINIA 24016 · (540)342-5670 · FAX: (540)342-6898 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 29, 1997 File #514 Katherine F. Houck Executive Director The Virginia Museum of Transportation, Inc. 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Houck: 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 to be held on Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the Virginia Museum of Transportation, Inc., that a section of Norfolk Avenue, S. W., beginning at the easterly intersection of Third Street and Norfolk Avenue, and running in an easterly direction to Second Street and the Second Street Bridge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly corner of Official Tax No. 1010206, be permanently 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 with regard to the matter. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to John R. Marlles, Agent, City Planning Commission, at 853-2344. H:~REZONINQ.g?~ UG u~"r. Katherine F. Houck Executive Director The Virginia Museum of Transportation, Inc. July 29, 1997 Page 2 It will be necessary for you, or your representative, to be present at the August 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:'~,REZONING .97~ UG UST. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 29, 1997 File #514 Katherine F. Houck Executive Director The Virginia Museum of Transportation, Inc. 303 Norfolk Avenue, S. W. Roanoke, Virginia 24016 Dear Ms. Houck: 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 to be held on Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the Virginia Museum of Transportation, Inc., that a section of Norfolk Avenue, S. W., beginning at the easterly intersection of Third Street and Norfolk Avenue, and running in an easterly direction to Second Street and the Second Street Bridge, terminating at the southeasterly corner of the Virginia Museum of Transportation building noted as the "2 Street Brick Office Building" and the northeasterly corner of Official Tax No. 1010206, be permanently vacated, discontinued and closed. The City Planning Commission has recommended approval of the request, subject to the following conditions: ko The applicant shall submit to the City for review and approval, and recordation in the Office of the Roanoke City Circuit Court, a subdivision plat providing for the following: 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. H:~:~,EZONING .97~UG US'i'. Katherine F. Houck Executive Director The Virginia Museum of Transportation, Inc. July 29, 1997 Page 2 The retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. If the above conditions have not been met within a period of 12 months from the date of adoption of the ordinance providing for the closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. Copy of the report of the City Planning Commission may be obtained by calling the City Clerk's Office at 853-2541. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: The Roanoke Times, P. O. Box 2491, Roanoke, Virginia 24010 H:~EZONING.gT~UGUST. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #51 Nell E. McNally, Attorney Key & Tatel, P.C. P. O. Box 1625 Roanoke, Virginia 24008-1625 Dear Mr. McNally: I am enclosing copy of Ordinance No. 33561-090297 amending proffered conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, and Lot 3, and a .125-acre tract of land, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W.), and designated as Official Tax No. 5100809, now a portion of Official Tax No. 5090209, and filed as Exhibit A with the First Amended Petition filed in the City Clerk's Office on August 1, 1997, and as more particularly set forth in a report of the City Planning Commission dated August 18, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 18, 1997, also adopted by the Council on second reading on Monday, September 2, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~AG EN DA.07~Si~I~r. 2 Neil E. McNally September 4, 1997 Page 2 pc: Mr. J. Gregory Tinaglia, 1940 Electric Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Joseph L. Mullins, 5047 Gatewood Avenue, S. W. Roanoke, Virginia 24018 ' Mr. and Mrs. Gene C. Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Charles R. Clark, Sr., 2154 McVitty Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Eugene A. Galvin, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. M. T. McWhorter, 5006 Gatewood Avenue, S. W., Roanoke, Virginia 24018 First Virginia Bank, P. O. Box 7585, Roanoke, Virginia 24019 Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018 Good Shepherd Lutheran Church, 1887 Electric Road, S. W., Roanoke, Virginia 24018 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AGENDA.97~SEPT. 2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33561-090297. AN ORDINANCE to amend ~S36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned CN, Neighborhood Commercial District. WHEREAS, H. P. Properties, Owner and Coots Ward Management Company, Contract Purchaser, filed an application to the Council of the City of Roanoke to amend certain conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S.W. (formerly known as 1910 McVitty Road, S.W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, which property was previously conditionally rezoned by the adoption of Ordinance No. 32657-092595, adopted September 25, 1995; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on August 18, 1997, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon that certain tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, being a portion of a larger tract of land located at 1930 Electric Road, S.W. (formerly known as 1910 McVitty Road, S.W.), and designated as Official Tax No. 5100809, now a portion of Official Tax No. 5090209, and filed as Exhibit A with the First Amended Petition filed August 1, 1997, should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §~36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 510 and 509 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the First Amended Petition filed in the City Clerk's Office on August 1, 1997, and as set forth in the report of the Planning Commission dated August 18, 1997. ATTEST: I'{:'~ORD'REZ~O-[IPPROP I B City Clerk. ~CHART~ Roanoke City Planning Commission August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from H. P. Properties and Coots Ward Management Company, that proffered conditions related to a tract formerly located at 1910 McVitty Road and being a portion of Official Tax No. 5100809 and currently identified as 1930 Electric Road, S.W., a portion of Official Tax No. 5090209, be amended. I. Background: Purpose of the petition to amend proffered conditions is to allow for the expansion of an existing commercial office building located on Lot I-A, Sugarloaf Crossing, previously having been a portion of Tax Map No. 5090209. Proposed office building expansion would extend on to property conditionally rezoned by Roanoke City Council in September, 1995. proffered conditions are as follows: originally Existing That the property shall be used for the purpose of professional office buildings. That the total square footage of office buildings on the property will be limited to 8,000 square feet. o The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive that are shown on the site plan prepared by Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 Balzer & Associates under date of November 11, 1994, a copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B. That no entrance/exit to the property will be constructed on Gatewood Avenue. 6. That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post-development 25 year design storm at a rate less than the pre-development ten year design storm peak rate. ~ to amend proffered conditions was filed on June 5, 1997. Amended proffered conditions are as follows: That the total square footage of office buildings on the property will be limited to 10,000 square feet. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of June 4, 1997, attached hereto as Exhibit B. Do 3. If the property is not developed by Coots Ward Management Company these proffers shall be voided and the original proffers reinstated. Staff requested that the petitioner submit an amended petition at the Planning Commission public hearing consolidating all proffered conditions which will be in effect on the subject property. Greater De erie Nei hborh~od Association resident contacted the Planning office on June 23, 1997, to indicate that the organization had no objection to the proposed amendment to proffered conditions. _Greater Deyerle Neighborhood Pla, recommends that: Single family character of the neighborhood should be maintained. New development along the perimeter of the neighborhood in areas zoned for commercial and multifamily development should be well designed and compatible with adjoining residential areas. Signage in commercial areas and at neighborhood entrances should be minimized to maintain the area's residential character. F. Comprehensive Plan recommends that: Members of Council Page 3 II. 1. Expansion of commercial development be carefully evaluated to minimal conflict with residential areas and to promote good land use. 2. Neighborhood character and enVironmental quality be protected. Current Situation: . ensure Ao Planning Commission public heating was held on July 2, 1997. Mr. Neil McNally, attorney, appeared before the Commission on behalf of ri. P. Properties and Coots- Ward Management. Mr. McNally stated he was submitting an amended petition at the request of the Planning staff which consolidated the new proffers and the previously approved proffers. Mr. McNally stated the petitioner wanted to expand an existing structure that was not part of the original Helms rezoning.: In response to a question fi.om Mr. Rife, Mr. McNally stated that the property line Was relocated to accommodate the proposed addition. There was discussion among the Commission members and petitioner's attorney relative to the location of the proposed addition and the existing structure located on Mr. Helms' property. Mr. Rife stated that the addition to the existing structure on Mr. Helms' property may be in violation of the setback requirements as a result of the change in the property line. Mr. Marlles gave the staff report. He stated that staff was recommending approval of the request. He said that staff felt that the proposed addition would have only a minor impact on the neighborhood. Mr. Bud McWorter (5006 Gatewood Avenue) appeared before the Commission and stated he was representing the Hidden Valley Estates Neighborhood Watch which was part of the Greater Deyerle Neighborhood Association. Mr. McWorter stated that several of the adjoining homeowners had concerns with the development that was occurring on the area that was the subject of the first rezoning including the changes to the topography and the view of the stone wall. He also stated that he felt that some new construction was occurring without a building permit. Mr. Butler advised Mr. McWorter that if he felt there were deviations from the proffered site plan for the Helms property, then he should contact the Planning Department for clarification. Mr. Marlles noted that under the current amended petition, all of those proffers that were part of the original Helms rezoning would still be in place with the exception of the proffer limiting the square footage which would increase from 8,000 to 10,000 square feet. He said that the question of whether those proffers were complied with was a separate issue which would be looked at by staff. Members of Council Page 4 Mr. Butler said that the Commission was being asked to approve a drawing, specified as Exhibit B, which seemed to violate the setback requirements. He said that he felt the drawing needed to be cleaned up so there would be no confusion. Mr. Talevi asked Mr. McNally if he was willing to proffer Exhibit B deleting the expansion of the existing structure on the Helms property. Mr. McNally said he would be willing to do that. There was no further discussion. .' Amended etition to amend roffered conditions was filed on August 1, 1997. Amended proffered conditions are as follows: 1. That the property shall be used for the purpose of professional office buildings. That the total square footage of office buildings on the property will be limited to 10,000 square feet. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994. (A copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B in those matters related to Ordinance No. 32657-092595.) That no entrance/exit to the property will be constructed on Gatewood Avenue. That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post-development twenty-five year design storm at a rate less than the pre-development ten year design storm peak rate. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of June 4, 1997, attached hereto as Exhibit B. Members of Council Page 5 o If'the property is not developed by Coots Ward Management Company, these proffers shall be voided and ,the original proffers reinstated. IV. III. Issues: A. Zoning. B. Land t~se. C. Traffic. D. Neighborhood impact. E. Neighborhood plan. F. Comprehensive Plan. Alternatives: Ao Bo City Council approve the requested change in proffered conditions. 1. Zoning of the subject property would remain conditional CN, Neighborhood Commercial District, with amended proffers which would permit the expansion of an existing commercial office building. 2. Land use would remain the same. 3. .Traffic impact of proposed 3,181 square foot expansion to existing commercial office building would be minimal. 4. Neighborhood impact of proposed office building expansion would be minimal given the location of the proposed structure on the site. 5. .Neighborhood plan issues as set forth would be addressed. 6. Comprehensive plan issues as set forth would be addressed. City Council deny the requested change in proffered conditions. 1. Zoning of the subject property would remain conditional CN, Neighborhood Commercial District. Proposed expansion to existing commercial office building would not be possible. Land use would remain the same. Members of Council Page 6 Vo 4. 5. 6. Traffic impact would not be an issue. Neighborhood impact would not be an issue. Neighborhood plan issues as set forth would not be addressed. Comprehensive plan issues as set forth would not be addressed. Recommendation: Planning Commission, by a vote of 4-0, (Mrs. Coles, Mrs. Duerk and Mr. Manetta absent) recommended approval of the petition to amend proffered conditions. The proposed amendment to proffered conditions will allow for the expansion of an existing commercial office building without any detrimental impact on the adjacent residential neighborhood. JRM:mpf attachment cc: Assistant City Attorney Attorney for the Petitioner Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission Key _Tatel &TTORNEYS AT LAW 1625 VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE FIRST AMENDED PETITION TO AMEND PROFFERED CONDITIONS RELATED TO A TRACT OF LAND LOCATED AT 1910 MCVITTY ROAD, S.W., DESIGNATED AS OFFICIAL TAX NO. 5100809 OF THE CITY OF ROANOKE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioners, H.P. Properties, Owner and Coots Ward Management Company, Contract Purchaser, own land in the City of Roanoke containing 0.215 acre, more or less, located at 1930 Electric Road, S.W., in the City of Roanoke, Virginia, more specifically identified as previously having been a portion of Tax Map No. 5100809 and now a portion of Tax Map No. 5090209 pursuant to a plat of survey approved by the Roanoke City Planning Commission on February 18, 1997 and which plat is of record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia in Map Book 1, page 1615, a copy of said plat is attached hereto as Exhibit A; said property being situated east of Electric Road and south of Gatewood Avenue in the City of Roanoke. Said property is currently zoned CN, Neighborhood Commercial District. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners hereby request that the previously approved proffers on said property be revised and amended. The Petitioners believe the amendment of proffers on said tract of land will further the intent and purposes of the City's zoning ordinance and it comprehensive plan, in that it will allow for the expansion of an existing commercial office building on Lot lA, Sugarloaf Crossing, as shown on Exhibit A and will further conform to the uses of the comprehensive plan of the City of Roanoke. The Petitioners hereby request that the following proffer be approved as part of the rezoning of the subject property by City Council by Ordinance No. 32657-092595, be deleted: 1. That the total square footage of office buildings on the property will be limited to 8,000 square feet. The Petitioners hereby request that the following proffers be KeyS Tatel ATTORNEYS AT LA~' accepted and that the Petitioners will abide by the following conditions: 1. That the property shall be used for the purpose of professional office buildings. 2. That the total square footage of office buildings on the property will be limited to 10,000 square feet. 3. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994. (A copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B in those matters related to Ordinance No. 32657-092595.) 5. That no entrance/exit to the property will be constructed on Gatewood Avenue. 6. That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post-development twenty-five year design storm at a rate less that the pre- development ten year design storm peak rate. 7. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of June 4, 1997, attached hereto as Exhibit B. 8. If the property is not developed by Coots Ward Management Company, these proffers shall be voided and the original proffers reinstated. Attached as Exhibit C, are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, and immediately across a street or road from the property. Attached as Exhibit D is a copy of the appraisal map for the subject property. Key _Tatel ATTORNEYS AT LAW WHEREFORE, the Petitioners request that the above-described amended proffers be approved in accordance with the provisions of the zoning ordinances of the City of Roanoke. Respectfully submitted this 2nd day of July, 1997. By: Neil E. McNally, Esquire KEY & TATEL, P.C. Post Office Box 1625 Roanoke, Virginia 24008-1625 (540) 982-0007 VSB# 22220 Respectfully submitted, H.P. PROPERTIES C~ARD MAN~GEI~ENT COMPANY Of Coun%el\ ~/ H.P. PROPERTIES LEE T. HELMS, PARTNEr/OWNER COMPANY B. SCOTT WARD, PRINCIPAL '% F. t~ORTH 0 PIa SET Exhibit- B / I , D k-- · PLANNERS 'ARCHITECTS'ENGINEERS.SURVEYORS. 1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772-9580 ~E F%.~'CTII~O "rOMO~ow TAX M,_~P NO 5090277 5100525 5100526 5100527 5100528 5100808 5100901 EXHIBIT C OWNER ' S NAME AND ADDRESS J. Gregory Tinaglia 1940 Electric Road SW Roanoke, Virginia 24018 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue SW Roanoke, Virginia 24018 Gene C. and Cathy H. Comer 5053 Gatewood Avenue SW Roanoke, Virginia 24018 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road SW Roanoke, Virginia 24018 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road SW Roanoke, Virginia 24018 Eugene A. and Carol A. Galvin 5040 Gatewood Avenue SW Roanoke, Virginia 24018 First Virginia Bank 1828 Electric Road SW Roanoke, Virginia 24018 Gofland, Ltd. c/o Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C 1919 Electric Road SW ' Roanoke, Virginia 24018 Good Shepherd Lutheran Church 1887 Electric Road SW Roanoke, Virginia 24018 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 18, 1997, 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 the question of amending proffered conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S.W. (formerly known as 1910 McVitty Road, S.W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezoned by Ordinance No. 32657-092595, adopted September 25, 1995. 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. GIVEN under my hand this 29th day of July , 1997. Mary F. Parker, City Clerk. H:\NOTICE\NAP-I:{PP R. IA Publish in the Roanoke Tribune, once on Thursday, August 7, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Neil E. McNally, Attorney Key & Tatel, P.C. P. O. Box 1625 Roanoke, Virginia 24008-1625 Publish in the Roanoke Times, once on Thursday, July 31 1997, and once on Thursday, August 7, 1997. ' Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Neil E. McNally, Attomey Key & Tatel, P.C. P. O. Box 1625 Roanoke, Virginia 24008-1625 Ad Number: Publisher' s 609806 Fee: $144.00 KEY & TATEL ATT: NEIL MCNALLY P.O. BOX 1625 ROANOKE, VA 24008 The Roanoke Times RECEI~/ED CITY CLERKS OFFICE '97 AUG 18 P4:09 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, 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: 07/31/97 FULL RUN - Thursday 08/07/97 FULL RUN - Thursday Witness, this 12th day of August 1997 Authorized Signature NOTICE OF PUBLIC HEARING ?0 WHOM IT MAY CONCERN: Me Council of the City of Roanoke will hoMa Public Hearing on Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Cham- ber in the Municipal Bulldln~ 2~.5 Church Avenue, S.W., the question of amending prof- fered condltion~ prasently ~nd- In~ on a tract of land, mom 2, ~ 3, and a .125-~q:re tract, all of which are shown on · plat Clerk of the CImult Court and found at Map Book 1, pa~e 1615~ end being a portion of a 1930 Electric Road, S.W. (for-/ merly known a~ ~.9:10 McVl~ty Road, S.W., and de..ted as Ofllclel Tax No. 5100809), now a portion of Official Tax No. 5090209, previously condition- ally rezoned by Ordinance No. 32657-092595, adopted Sep- tember 25, 1995. able for public Insl~ction In 456, Municipal Building. All turtles in Interest may on the above d~e a~l be heard on tim question, GIVEN under my hand this 29~ day of July, ~.997. Ma~j F, Pa~kar, City Clerk. (6098O6) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-I145 SANDRA H. EAKIN Deputy City Clerk August 7, 1997 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a first amended petition from Neil E. McNally, Attorney, representing H. P. Properties and Coots Ward Management Co., requesting an amendment to proffered conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezoned pursuant to Ordinance No. 32657-092595 adopted on September 25, 1995. Sincerely, F. Mary a er, CMC/AAE City Clerk MFP:sm Enc. H:~REZONING.gTlCOOTS.^ME Gilbert E. But[er.,__Jr., Chair City Planning Commission August 7, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Neil E. McNally, Attorney, Key & Tatel, P.C., P. O. Box 1625, Roanoke, Virginia 24008-1625 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H :~R EZONING.g'/~,OOTS. AM E Key _Tatel ATTORNEYS AT LAW 1~0. B~× ]t~25 VIRGINIA: IN THE COUNCIL OF THE CITY OF,ROANOKE FIRST AMENDED PETITION TO AMEND PROFFERED CONDITIONS RELATED TO A TRACT OF LAND LOCATED AT 191OMCVITTy ROAD, S.W., DESIGNATED AS OFFICIAL TAX NO. 5100809 OF THE CITY OF ROANOKE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANORE The Petitioners, H.P. Properties, Owner and Coots Ward Management Company, Contract Purchaser, own land in the City of Roanoke containing 0.215 acre, more or less, located at 1930 Electric Road, S.W., in the City of Roanoke, Virginia, more specifically identified as previously having been a portion of Tax Map No. 5100809 and now a portion of Tax Map No. 5090209 pursuant to a plat of survey approved by the Roanoke City Planning Commission on February 18, 1997 and which plat is of record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia in Map Book 1, page 1615, a copy of said plat is attached hereto as Exhibit A; said property being situated east of Electric Road and south of Gatewood Avenue in the City of Roanoke. Said property is currently zoned CN, Neighborhood Commercial District. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners hereby request that the previously approved proffers on said property be revised and amended. The Petitioners believe the amendment of proffers on said tract of land will further the intent and purposes of the City's zoning ordinance and it comprehensive plan, in that it will allow for the expansion of an existing commercial office building on Lot IA, Sugarloaf Crossing, as shown on Exhibit A and will further conform to the uses of the comprehensive plan of the City of Roanoke. The Petitioners hereby request that the following proffer be approved as part of the rezoning of the subject property by City Council by Ordinance No. 32657-092595, be deleted: 1. That the total square footage of office buildings on the property will be limited to 8,000 square feet. The Petitioners hereby request that the following proffers be Key &Tatel, ATTORNEYS AT LAW IK), BoX 162~ accepted and that the Petitioners will abide by the following conditions: 1. That the property shall be used for the purpose of professional office buildings. 2. That the total square footage of office buildings on the property will be limited to 10,000 square feet. 3. The exterior architectural features of the existing structure on the subject property shall be substantially similar to the artist's rendering dated November 11, 1994, prepared by Balzer & Associates. The exterior architectural features of the proposed new structure shall be substantially similar to the photographs made a part of the record. 4. That none of the structures to be erected on the property shall be closer to the residences on Gatewood Drive than are shown on the site plan prepared by Balzer & Associates under date of November 11, 1994. (A copy of which is attached to the Amended Petition to Amend Proffered Conditions as Exhibit B in those matters related to Ordinance No. 32657-092595.) 5. That no entrance/exit to the property will be constructed on Gatewood Avenue. 6. That the storm water management facilities at Sugar Loaf Crossing, Phase II, will be designed to release a post-development twenty-five year design storm at a rate less that the pre- development ten year design storm peak rate. 7. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of June 4, 1997, attached hereto as Exhibit B. 8. If the property is not developed by Coots Ward Management Company, these proffers shall be voided and the original proffers reinstated. Attached as Exhibit C, are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, and immediately across a street or road from the property. Attached as Exhibit D is a copy of the appraisal map for the subject property. Key Tatel ATTORNEYS AT LAW 1~(). lk~x 1(425 WHEREFORE, the Petitioners request that the above-described amended proffers be approved in accordance with the provisions of the zoning ordinances of the City of Roanoke. Respectfully submitted this 2nd day of July, 1997. By: Neil E. McNally, Esquire KEY & TATEL, P.C. Post Office Box 1625 Roanoke, Virginia 24008-1625 (540) 982-0007 VSB# 22220 Respectfully submitted, H.P. PROPERTIES C~.~~.~ARD MAN~GEI~ENT COMPANY ~' Of Coun%el\ H.P. PROPERTIES LEE T. HELMS, PARTNEr/OWNER ~ COMPANY B. SCOTT WARD, PRINCIPAL o zl~ofl EW TAX HAP NO 5090277,/ 5100525 5100526 / 5100527~ 5100528/ 5100808 EXHIBIT C OWNER'S NAME AND ADDRESS J. Gregory Tinaglia 1940 Electric Road SW Roanoke, Virginia 24018 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue SW Roanoke, Virginia 24018 Gene C. and Cathy H. Comer 5053 GatewoodAvenue SW Roanoke, Virginia 24018 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road SW Roanoke, Virginia 24018 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road SW Roanoke, Virginia 24018 D ~ 28 Electric Road SW · q~ Roanoke, Virginia 24018 - .~~fland, Ltd. c/o Osterhoudt, Fergueon, Natt, Aheron & Agee P.C. 1919 Electric Road SW ' Eugene A. and Carol A. Galvin 5040 GatewoodAvenue SW Roanoke, Virginia 24018 Roanoke, Virginia 24018 ~80~7 RSlh:cPtlUre[cd RLoU:dhes%an Church Roanoke, Virginia 24018 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CHANGE IN PROFFERD CONDITIOI~S REQUEST .OF: Request from H.P. Properties, Inc., and Coots Ward Management ) Company, property at 1930 Electric Road, S.W., Official Tax No. ) AFFIDAVIT 5090209 ) 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 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of June, 1997, notices of a public hearing to be held on the 2nd day of July, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 5090277 5100525 5100526 5100527 5100528 5100808 5100901 County County Owner's Name J. Gregory Tinaglia Joseph and Mary Mullins Gene and Cathy Comer Charles R. Clark, Sr. Rebecca H. Clark Eugene A. and Carol A. Galvin First Virginia Bank Osterhoudt, Ferguson, Natt Good Shepherd Lutheran Church artha Pace Franklin Mailing Address 1940 Electric Road, SW Roanoke, VA 24018 5047 Gatewood Avenue, SW Roanoke, VA 24018 5053 Gatewood Avenue, SW Roanoke, VA 24018 2154 McVitty Road, SW Roanoke, VA 24018 5040 Gatewood Avenue, SW Roanoke, VA 24018 P. O. Box 7585 Roanoke, VA 24019 1919 Electric Road, SW Roanoke, VA 24018 1887 Electric Road, SW Roanoke, VA 24018 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of June, 1997 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 Wednesday, July 2, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from H. P. Properties and Coots Ward Management Company, represented by Neil E McNally, attorney, that conditions proffered under the rezoning of property at 1910 McVitty Road, S.W., Official Tax No. 5100809, dated September 25, 1995, and approved by Ord. No. 32657- 092596, and now identified as 1930 Electric Road, S.W, a portion of Official Tax No. 5090209, be amended. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, 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, June 17, 1997 and Tuesday, June 24, 1997 Please bill: Neil E. McNaily, Esquire Key & Tatel, P.C. P. O. Box 1625 Roanoke, VA 24008-1625 (540) 982-0007 Please send affidavit to: Department of Plarming and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 10, 1997 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Neil E. McNally, Attorney, representing H. P. Properties and Coots Ward Management Co., requesting amendment to the proffered conditions for rezoning of a tract of land located at 1910 McVitty Road, S. W., designated as Official Tax No. 5100809, which property was previously rezoned by the Council of the City of Roanoke, pursuant to Ordinance No. 31826-011894, adopted on January 18, 1994, from RS-l, Residential Single Family, Low Density District, to CN, Neighborhood Commercial District, and Ordinance No. 32657-092595 amending certain proffered conditions, adopted on September 25, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:~,REZONING.97~COOT~.AME Gilbert E. Butler,-Jr., Chair City Planning Commission June 10, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Neil E. McNally, Attorney, Key & Tatel, P.C., P. O. Bc~ 1625, Roanoke, Virginia 24008-1625 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:~REZONING.9'7'~COOTS.AM E Key _Tatel ATTORNEYS AT LAW EO. Box 1625 ROANt)KI, VIRGIN[A 24008 VIRGINIA: IN THE CO!INCIL OF THE CITY OF ROANOKE RE: PETITION TO AMENDPROFFERED CONDITIONS RELATED TO A TRACT OF LANDLOCATED AT 1910 MCVITTYROAD, S.W., DESIGNATED AS OFFICIAL TAX NO. 5100809 OF THE CITY OF ROANOKE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE .. The Petitioners, H.P. Properties, O.wner ~d Coots Ward Management Company, Contract Purchaser, own land in the City of Roanoke containing 0.215 acre, more or less, located at 1930 Electric Road, S.W., in the City of Roanoke, Virginia, more specifically identified as previously having been a portion of Tax MaP ~ 51~0R~9 and ~ow .............. =o_t .... ~ Tax .._ No. 5090209 pursuant to a plat ~ ~,,~v~y ~n~r~v~ hw the ~an~k~ City Planning Commission on February 18, 1997 and which plat is of record in the Circuit Court Clerk's Office for the City of Roanoke, Virginia in Map Book 1, page 1615, a copy of said plat is attached hereto as Exhibit A; said property being situated east of Electric Road and south of Gatewood Avenue in the City of Roanoke. Said property is currently zoned CN, Neighborhood Commercial District. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners hereby request that the previously approved proffers on said property be revised and amended. The Petitioners believe the amendment of proffers on said tract of land will further the intent and purposes of the City's zoning ordinance and it comprehensive plan, in that it will allow for the expansion of an existing commercial office building on Lot lA, Sugarloaf Crossing, as shown on Exhibit A and will further conform to the uses of the comprehensive plan of the City of Roanoke. The Petitioners hereby request that the following proffer approved as part of the rezoning of the subject property by City Council by Ordinance No. 32657-092595, be amended: 1. That the total square footage of office buildings on the property will be limited to 8,000 square feet. The Petitioners hereby request that the following proffer be Key _Tatel ATTORNEYS AT LAW P.O. Bc~x 162:, Rk),\Nt)KI, VIRGINIA 24008 accepted in lieu of the above stated original proffer and that the Petitioners will abide by the following condition: 1. That the total square footage of office buildings on the property will be limited to 10,000 square feet. 2. The development of the property will be in substantial conformity with the site plan prepared by Balzer & Associates under the date of June 4, 1997, attached hereto as Exhibit B. 3. If the property is not developed by Coots Ward Management Company, these proffers shall be voided and the original proffers reinstated. Attached as Exhibit C, are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to, and immediately across a street or road from the property. Attached as Exhibit D is a copy of the appraisal map for the subject property. WHEREFORE, the Petitioners request that the above-described amended proffer be approved in accordance with the provisions of the zoning ordinances of the City of Roanoke. Respectfully submitted this 5th day of June, 1997. By: Neil E. McNally, Esquire KEY & TATEL, P.C. Post Office Box 1625 Roanoke, Virginia 24008-1625 (540) 982-0007 VSB# 22220 Respectfully submitted, H.P. PROPERTIES ARD MAN~GEHENT COMPANY x Of CounSel X/T' H-P. PROPERTIES. LEE T. ~LMS, ~RT~~R COOTS .WJ3/~D3~ANAGEMENT COMPANY FREDERICK A. CO~'-J~.; PR~S& il-:-' NOR'TH --[%uR'Vl E W PLAN · PLANNERS 'ARCHITECTS-ENGINEERS.SURVEYORS. 1208 CORPORATE CIRCLE, ROANOKE, VIRGINIA 772-9580 TAX MAP NO 5090277 5100525 5100526 5100527 5100528 51OO8O8 5100901 EXHIBIT C OWNER ' S NAME AND ADDRESS J. Gregory Tinaglia 1940 Electric Road SW Roanoke, Virginia 24018 Joseph L. and Mary M. Mullins 5047 Gatewood Avenue SW Roanoke, Virginia 24018 Gene C. and Cathy H. Comer 5053 Gatewood Avenue SW Roanoke, Virginia 24018 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road SW Roanoke, Virginia 24018 Charles R. Clark, Sr. Rebecca H. Clark 2154 McVitty Road SW Roanoke, Virginia 24018 Eugene A. and Carol A. Galvin 5040 Gatewood Avenue SW Roanoke, Virginia 24018 First Virginia Bank 1828 Electric Road SW Roanoke, Virginia 24018 Gofland, Ltd. c/o Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C 1919 Electric Road SW ' Roanoke, Virginia 24018 Good Shepherd Lutheran Church 1887 Electric Road SW Roanoke, Virginia 24018 i RoAO ROU~'E 4%9 ~ MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 August 6, 1997 File #51 SANDRA H. EAKIN Deputy City Clerk Neil E. McNally, Attorney Key & Tatel, P.C. P. O. Box 1625 Roanoke, Virginia 24008-1625 Dear Mr. McNally: 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 to be held on Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of H. P. Properties and Coots Ward Management Co., to amend proffered conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a. 125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezoned pursuant to Ordinance No. 32657-092595 adopted on September 25, 1995. The City Planning Commission has recommended approval of the amended prqffered conditions. The proposed amendment will allow for expansion of an existing commercial office building without any detrimental impact on the adjacent residential neighborhood. H:~REZONING.97~AUG U~'F. Neil E. McNally, Attorney Key & Tatel, P.C. August 6, 1997 Page 2 Copy of the report of the City Planning Commission may be obtained by calling the City Clerk's Office at 853-2541. MFP:sm pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk Mr. J. Gregory Tinaglia, 1940 Electric Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Joseph L. Mullins, 5047 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Gene C. Comer, 5053 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Charles R. Clark, Sr., 2154 McVitty Road, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Eugene A. Galvin, 5040 Gatewood Avenue, S. W., Roanoke, Virginia 24018 Mr. M. T. McWhorter, 5006 Gatewood Avenue, S. W., Roanoke, Virginia 24018 First Virginia Bank, P. O. Box 7585, Roanoke, Virginia 24019 Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018 Good Shepherd Lutheran Church, 1887 Electric Road, S. W., Roanoke, Virginia 24018 H:~REZONING,97~AU GUST. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk August 6, 1997 File #51 Neil E. McNally, Attorney Key & Tatel, P.C. P. O. Box 1625 Roanoke, Virginia 24008-1625 Dear Mr. McNally: 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 to be held on Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of H. P. Properties and Coots Ward Management Co., to amend proffered conditions presently binding on a tract of land, more specifically known as Lot 1, Lot 2, Lot 3, and a .125-acre tract, all of which are shown on a plat of subdivision filed with the Clerk of the Circuit Court and found at Map Book 1, page 1615, and being a portion of a larger tract of land located at 1930 Electric Road, S. W., (formerly known as 1910 McVitty Road, S. W., and designated as Official Tax No. 5100809), now a portion of Official Tax No. 5090209, previously conditionally rezoned pursuant to Ordinance No. 32657-092595 adopted on September 25, 1995. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for amendment. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to John R. Marlles, Agent, City Planning Commission, at 853-2344. H:~EZONING.gT~AUGUST. NeilE. McNalley, Afforney Key & Tatel, P. C. August6,1997 Page 2 It will be necessary for you, or your representative, to be present at the August 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. City Clerk MFP:sm Enc. H:~REZONING.9'/~,AUGU~T. Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk ·andm H. Eakin Deputy C~y Ck~rk September 4, 1997 File #514 The Honorable Arthur B. Crush, III, Clerk Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 33562-090297, for proper recordation in your office, closing and discontinuing, by barricade, a portion of Ferdinand Avenue, S. W., between Mountain Avenue and Elm Avenue; and a section of Eighth Street, S. W., between Elm Avenue and Day Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 18, 1997, also adopted by the Council on second reading on Tuesday, September 2, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager H:~.GENDA. gT~SEFT. 2 ' Mary F. Parker, CMCIAAE C~y CHrk CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk September 4, 1997 File #514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33562-090297 closing and discontinuing, by barricade, a portion of Ferdinand Avenue, S. W., between Mountain Avenue and Elm Avenue; and a section of Eighth Street, S. W., between Elm Avenue and Day Avenue. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, August 18, 1997, also adopted by the Council on second reading on Tuesday, September 2, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AGENDA.g'/~EPq'.2 W. Robert Herbert September 4, 1997 Page 2 pc: Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission H:~AGENDA.9'/%SEPT,2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 1997. No. 33562-090297. AN ORDINANCE authorizing the alteration and closing by barricade of certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, the City Manager filed an Application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which 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 hearing on the matter, has made its recommendation to Council; and WHEREAS, public hearing was held on said application by the City Council on August 18, 1997, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said Application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closure by barricade of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from altering and closing by barricade said public rights-of-way, and that such alteration will promote the safety and welfare of those using the subject public rights-of-way and the rights-of-way in the vicinity of the rights-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of Ferdinand Avenue, S.W., between Mountain Avenue, S.W., and Elm Avenue, S.W.; and a section of 8th Street, S.W., between Elm Avenue, S.W., and Day Avenue, S.W., be, and hereby are, altered and closed by way of a barricade, as described in said Application. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "Altered and Closed by Barricade" on said rights- of-way on all maps and plats on file in his office on which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that said Clerk may make proper notations, if any, of the alteration and closing by barricade as described above on all maps and plats recorded in that office on which Ferdinand Avenue, S.W., and 8th Street, S.W., appear. ATTEST: City Clerk. Il? ORD-CLOS',O-FE RDIN IA Roanoke City Planning Commission August 18, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: II. Subject: Request from W. Robert Herbert, City Manager, to permanently close a portion of Ferdinand Avenue, S.W., between Elm and Mountain Avenue, S.W., and to alter, by realignment, a portion of 8th Street, S.W., between Elm and Day Avenues, S.W. ..Ferdinand Avenue, S.W., is one of five public streets that currently intersects at a point of close conjunction along the northerly entrance to the City's Main Street bridge. Traffic flow through this complex intersection has been hampered for many years by the existing angles and offset connections of Ferdinand Avenue and 8th Street, S.W. This intersection is currently the City's highest priority for traffic signalization. Co .Location, proximity and variable distances between the five street connections makes it impossible to design a traffic signal that would effectively serve the traffic needs of each and all of the affected streets. Do ~, on May 5, 1997, requested and received authorization from City Council to file an application to alter by closure the street sections described in this report. Current Situation: .Alteration by closure of Ferdinand Avenue, S.W., at its intersection with Elm Avenue, S.W., and a section of the easterly side of 8th Street, S.W., would enable the City to design and install an effective traffic signal at this intersection. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 Survey of the residents in the immediate neighborhood area indicates that the majority support the proposed closure of Ferdinand Avenue, S.W. Co Closure of Ferdinand Avenue. $.W., would eliminate its current intersection with Elm Avenue, S.W., and would terminate in a circular cul-de-sac (see attached Map a). Closure of the easterly side (northbound lane) of 8th Street, S.W., and the installation of one-way traffic signage would effectively prohibit disruptive turning movements of northbound traffic into 8th Street, from within the signalized intersection. III. Issues: Public hearing was held by Planning Commission on July 2, 1997. No objections to the closure were expressed by any person or persons in attendance at the hearing. A. Neighborhood impact. B. Traffic impact. C. Utilities within the public right-of-way. D. Creation of a dead-end street. E. Relationship to the comprehensive plan. IV. Alternatives: Approve the City Manager's request to alter by closure Ferdinand Avenue at its intersection with Elm Avenue, S.W., and the subject easterly portion of 8th Street, S.W., subject to certain conditions as outlined in Part V., of this report. Neighborhood impact. Survey of residents in the surrounding neighborhood indicates that the majority support the proposed closure of Ferdinand Avenue, S.W. 2. Traffic impact: ao Closure of the described street sections will enable the City to install an effective traffic signal at the subject intersection. Closure and proposed signalization will provide a significant improvement in traffic movements through the area. Members of Council Page 3 3. ..Utilities within the public right-of-way: ao Application does not propose that any portion of public street be vacated. bo Utilities within the street right-of-way will not be affected by the recommended closures. 4. Creation of a dead-end street: ao Closure of Ferdinand Avenue will result in the dead-end of a two- block section of street. This section of Ferdinand Avenue, S.W., will terminate in a circular cul-de-sac. Closure of the described easterly section of 8th Street, S.W., will create a one-way street for southbound traffic only. Relationship to the comprehensive plan. Request is consistent with the intent of the City's comprehensive plan. Deny the City Manager's request to alter by closure the described sections of public street. Nei~borhood impact. Neighborhood in the immediate area will continue to be adversely affected by the congestion of traffic movements at this key intersection. City will be unable to install an effective traffic signal at this intersection. bo Intersection will remain as one of the City's most troublesome traffic problems. 3. Utilities within the public right-of-way would not be an issue. 4. Creation of a dead-end street would not be an issue. 5. Relationship to the comprehensive plan, Members of Council Page 4 V. Recommendation: Planning Commission, by a vote of 4-0 (Mrs. Duerk, Mrs. Coles and Mr. Manetta absent) recommend that City Council approve the City Manager's request to alter by closure Ferdinand Avenue, S.W., at its intersection with Elm Avenue, S.W., and the described easterly section of 8th Street, S.W., subject to the following conditions: ho The applicant shall submit to the Department of Planning and Community Development, and obtain approval thereof, a design plan for the construction of the proposed cul-de-sac at the terminus of Ferdinand Avenue, S.W., providing thereon for the following: 1. Proper and safe access for any and all affected properties; 2. Proper and safe access for all pedestrian and bicycle traffic; and 3. appropriate landscaping plan. Bo If'the above conditions have not been met within a period of one year from the date of the ordinance effecting such closures, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Traffic Engineer IN ~HE ~OUNCIL OF TM~ CI~¥ OF ROANO~E~ VIRGINIA Application of the City o£ Roanoke ) APPLICATION FOR to alter by permanent closure ) ALTERING AND Ferdinand Avenue, S.W., between ) CLOSING A PUBLIC Elm Avenue and Mountain Avenue ) STREET and to alter a portion of 8th street between Elm Avenue and Day Avenue, $.W., in the area of the requested closure pursuant to S30-14 o~ the Code of the City of Roanoke (1979), as amended. -~' To the Honorable Mayor and Members of City Council: The City of Roanoke applies herewith, as authorized and provided for Motion adopted by Council on May 5, 1997, to alter by permanent closure Ferdinand Avenue, S.W., between Elm Avenue and Mountain Avenue, and to alter a portion of 8th Street between Elm Avenue and Day Avenue, S.W., in the area of the requested closure, pursuant to Section 30-14 of the Code of the City of Roanoke (1979), as amended. The City of Roanoke, Virginia states that the grounds for this application are as follows: 1. Intersection of Main Street, Elm Avenue, Ferdinand Avenue and 8th Street, S.W., is the City's highest priority intersection for traffic signalization. 2. Due to the complexity of the intersection layout, a traffic signal cannot be designed to serve all five (5) roadway legs that enter this intersection. 3. Closure of Ferdinand Avenue on the south side of Elm Avenue would improve traffic flow and safety at this intersection. The portion of 8th Street ~orth of Elm Avenue would need to be changed to only allow for southbound traffic. 4. A majority of residents surveyed support the closure of the above-described portion of Ferdinand Avenue. 5. The above-described segment of Ferdinand Avenue shall be closed, by permanent removal of pavement, installation of curb, guttering and fill, and other appropriate measures. The affected area is described in the attached map. (Exhibit A.) In consideration of the validity of the concerns expressed by the residents of the community, and in further consideration of the afore-mentioned determination that it is in the best interest of the public health and safety, the petitioner therefore now requests that the subject street be permanently altered by closure as described. A list of the adjoining land owners affected by the subject closure is attached. (Exhibit B.) WHEREFORE, the City of Roanoke, Virginia, respectfully requests that the above-described portion of Ferdinand Avenue, S.W., be altered by permanent closure between Elm Avenue and Mountain Avenue, as described herein. Respectfully submitted, W. Robert Herbert City Manager ( Date ) 2 OC~'I'ION / NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 18, 1997, 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 close and discontinue by barricade, the following public rights-of-way: That portion of Ferdinand Avenue, S.W., between Mountain Avenue, S.W., and Elm Avenue, S.W.; and a section of 8th Street, S.W., between Elm Avenue, S.W., and Day Avenue, S.W. 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. GIVEN under my hand this 29th day of July , 1997. Mary F. Parker, City Clerk. H:\NOTICE\N B-FERDI Publish in the Roanoke Tribune. once on Thursday, August 7, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Publish in the Roanoke Times, once on Thursday, July 31, 1997, and once on Thursday, August 7, 1997. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 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: City of Roanoke for portion of Ferdinand Avenue, S.W. and ) 8th Street, S.W. ) 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 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 23rd day of June, 1997, notices of a public hearing to be held on the 2nd day of July, 1997, on the closures captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 1120901 B & D Comics 1120701 1129514 HMP Partnership David C. Lawson, Jr. Martha Pace Franklin Mailing Address 802 Elm Avenue, SW Roanoke, VA 24016 656 Elm Avenue, SW Roanoke, VA 24016 3635 Timberline Trail Roanoke, VA 2 4018 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of Junel, 1997 "-'~ 4qotary Pul~li~- NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, July 2, 1997, at 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from W. Robert Herbert, City Manager, that Ferdinand Avenue, S.W., between Elm and Mountain Avenues, S.W., be permanently vacated, discontinued and closed; and that a portion of 8th Street, S.W., between Elm and Day Avenues, S.W., be altered. A copy of said application is available for review in the Department of Planning and Community Development, Room 162, Municipal Building. AH 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, June 17, 1997 and Tuesday, June 24, 1997 Robert K. Bengtson Roanoke City Traffic Engineer 1802 Courtland Road, NV/ Roanoke, VA 24012 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 10,1997 File #514 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 from the City of Roanoke requesting that Ferdinand Avenue, S. W., between Elm Avenue and Mountain Avenue, and a portion of 8th Street, S. W., between Elm Avenue and Day Avenue, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: >'l'~he Honorable Mayor and Members of the Roanoke City Council W. Robert Herbert, City Manager John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney H:~TREETS.gT~FERDINAN.WPD IN THE COUNCIL OF TME CITY OF ROANOKE, VIRGINIA IN REt Application of the City 0£ Roanoke ) APPLICATION FOR to alter by permanent closure ) ALTERING AND Ferdinand Avenue, S.W., between ) CLOSING A PUBLIC Elm Avenue and Mountain Avenue ) STREET and to alter a portion of 8th Street between Elm Avenue and Day Avenue, S.W., in the area of the requested closure pursuant to $30-14 o~ the Code of the City of Roanoke (1979), as amended. To the Honorable Mayor and Members of City Council: The City oZ Roanok~ applies herewith, as authorized and provided for Motion adopted by Council on May 5, 1997, to alter by permanent closure Ferdinand Avenue, S.W., between Elm Avenue and Mountain Avenue, and to alter a portion of 8th Street between Elm Avenue and Day Avenue, S.W., in the area of the requested closure, pursuant to Section 30-14 of the Code of the City of Roanoke (1979), as amended. The City of Roanoke, Virginia states that the grounds for this application are as follows: 1. Intersection of Main Street, Elm Avenue, Ferdinand Avenue and §th Street, S.W., is the City's highest priority intersection for traffic signalization. 2. Due to the complexity of the intersection layout, a traffic signal cannot be designed to serve all five (5) roadway legs that enter this intersection. 3. Closure of Ferdinand Avenue on the south side of Elm Avenue would improve traffic flow and safety at this intersection. The portion of 8th Street north of Elm Avenue would need to be changed to only allow for southbound traffic. 4. A majority of residents surveyed support the closure of the above-described portion of Ferdinand Avenue. 5. The above-described segment of Ferdinand Avenue shall be closed, by permanent removal of pavement, installation of curb, guttering and ~il], and other appropriate measures. The affected area is described in the attached map. (Exhibit A.) In consideration of the validity of the concerns expressed by the residents of the community, and in further consideration of the afore-mentioned determination that it is in the best interest of the public health and safety, the petitioner therefore now requests that the subject street be permanently altered by closure as described. A list of the adjoining land owners affected by the subject closure is attached. (Exhibit B.) WHEREFORE, the City of Roanoke, Virginia, respectfully requests that the above-described portion of Ferdinand Avenue, S.W., be altered by permanent closure between Elm Avenue and Mountain Avenue, as described herein. Respectfully submitted, W. Robert Herbert City Manager (Date) OCATION t'l~OZll ':, ! \ I0'101~ rd %' ~ · %. 3 Adjoining property owners Official Tax No. 1120413 John E. Catron 2000 Burma Road Salem, Virginia 24153 Official Tax No. 1120414 Brothers Investments 120 Church Avenue, S.W. Roanoke, Virginia 24011 Official Tax No. 1120415 Roseann Ohanion 809 Ferdinand Avenue, S.W. Roanoke, Virginia 24016 Official Tax No. 1120416 Ernest J. Helton 805 Elm Avenue, S.W. Roanoke, Virginia 24016 Official Tax No. 1120417 George Mason 801 Elm Avenue, S.W. Roanoke, Virginia 24016 Official Tax No. 1120514 David C. Lawson, Jr. 3635 Timberline Trail Roanoke, Virginia 24018 Official Tax No. 1120701 The HMP Partnership 656 Elm Avenue, S.W. Roanoke, Virginia 24016 Official Tax No. 1120901 B&D Comics, Inc. 802 Ferdinand Avenue, S.W. Roanoke, Virginia 24016 Official Tax Nos. 1120902-1120903 Lee Limited, Inc. Address not found Exhibit B Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 29, 1997 File #514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: 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 to be held on Monday, August 18, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke that that portion of Ferdinand Avenue, S. W., between Mountain Avenue, S. W., and Elm Avenue; and a section of Eighth Street, S. W., between Elm Avenue, and Day Avenue, be closed and discontinued by barricade. The City Planning Commission has recommended approval of the request, subject to the following conditions: Ao The applicant shall submit to the Department of Planning and Community Development a design plan for construction of the proposed cul-de-sac at the terminus of Ferdinand Avenue, S. W., providing for the following: proper and safe access for any and all affected properties; proper and safe access for all pedestrian and bicycle traffic; and appropriate landscaping plan. H:~,REZONING.g7~AUGUST. W. Ro~)ert Herbert City Manager July 29, 1997 Page 2 Copy of the report of the City Planning Commission may be obtained by calling the City Clerk's Office at 853-2541. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: B & D Comics, 802 Elm Avenue, S. W., Roanoke, Virginia 24016 HMP Partnership, 656 Elm Avenue, S. VV., Roanoke, Virginia 24016 Mr. David C. Lawson, Jr., 3635 Timberline Trail, S. W., Roanoke, Virginia 24018 H:~REZONI NG.9'/¥,UG U ST. Mary F. Parker, CMCIAAE c~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin ~puty c~y C~rk September 4, 1997 File #102-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, the Mayor inquired as to the commencement date for the realignment of Wasena Bridge/Elm Avenue project; whereupon the Director of Public Works advised that a written report will be forthcoming. Sincerely, Mary F. Parker, CMCIME City Clerk MFP:sm pc: William F. Clark, Director, Public Works Rose M. Woodford, Executive Secretary, City Manager's Office H:~AGENDA.97~SEPT.2 Mary F. Parker, CMCIAAE city Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy c~y C~rk September 4, 1997 File #17-132-326 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33575-090297 amending the regular meeting schedule of City Council to provide that the scheduled September 15, 1997 meeting shall be rescheduled to September 22, 1997, and the scheduled October 20, 1997 meeting shall be rescheduled to October 22, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, September 2, 1997. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Attachment H:~AGENDA.9'ASEPT.2 W. Robert Herbert September 4, 1997 Page 2 pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Robert H. Bird, Municipal Auditor William F. Clark, Director, Public Works Kit B. Kiser, Director, Utilities and Operations Glenn D. Radcliffe, Director, Human Development George C. Snead, Jr., Director, Public Safety Diane S. Akers, Budget Administrator, Office of Management and Budget Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board H:~AG ENOA.9'/I,.SEPT.2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of September, 1997. No. 33575-090297. A RESOLUTION amending the regular meeting schedule of City Council to provide that the scheduled September 15, 1997, meeting shall be rescheduled to September 22, 1997, and the scheduled October 20, 1997, meeting shall be rescheduled to October 22, 1997. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Due to a conflict with the First Leadership meeting sponsored by the Fifth Planning District Commission, the regular meeting of City Council scheduled to be held on Monday, September 15, 1997, is hereby rescheduled to Monday, September 22, 1997. The time and place of such meeting shall be governed by Rule 1, Regular Meetings, of City Council. 2. Due to a conflict with the Virginia Municipal League Conference, the regular meeting of City Council scheduled to be held on Monday, October 20, 1997, is hereby rescheduled to Wednesday, October 22, 1997. The time and place of such meeting shall be governed by Rule 1, Regular Meetings, of City Council. 3. Except as amended by paragraphs 1 and 2 of this Resolution, the Meeting Schedule for City Council established by Ordinance No. 33447-061697, adopted on June 16, 1997 (paragraph I amending Rule I of §2-15, Code of the City of Roanoke (1979), as amended), shall be effective until the organizational meeting of City Council to be held in 971 conjunction with the first meeting of Council in July, 1998, at which organizational meeting Council shall adopt a resolution establishing the days, times and places of regular meetings to be held between the date of such organizational meeting and July 1, 1999. 4. The City Clerk shall cause a copy of this resolution to be posted adjacent to the door of the Council Chamber and inserted in a newspaper having general circulation in the City at least seven days prior to the first of the rescheduled meetings. ATTEST: City Clerk. RECEIYEO CITY OF ROANOKE CITY CLERKS OFFI{i~ INTERDEPARTMENTAL COMMUNICATION · cf/ AIJ6 28 All :22 DATE: August 27, 1997 TO: Mary F. Parker, City Clerk FROM: Wilburn C. Dibling, Jr., City Attorney Rescheduling of Council Meetings of September 15 and October 20. 1997 Mary, I am attaching a resolution that reschedules the City Council meetings of September 15 and October 20, 1997, in accordance with the direction of the Mayor's memorandum of August 22, 1997. As you know, new §15.2-1416, Code of Virginia (1950), as amended, will become effective October 1, 1997. This section provides that, if City Council desires to amend its regular meeting schedule, a resolution establishing the future meeting date, place or time will have to adopted, and a copy of the amendatory resolution will have to be posted at the door of City Council Chambers and published in a newspaper of general circulation at least seven days prior to the effective date of any rescheduled meeting. Since the rescheduled meeting in October will be subject to new § 15.2-1416, I included this provision in the attached resolution. As you also know, new §15.2-1416 will require City Council to hold an organizational meeting on the first meeting in July of each year. At this meeting, City Council will be required to adopt a resolution establishing its meeting schedule (days, times and places of regular meetings) for the fiscal year. The attached resolution reiterates this requirement. Please contact me if you have any questions. WCD:f Attachment FAX TRANSMISSION OFFICE OF THE MAYOR ~ I 5 CHURCH AVENUE, S. W. ROANOKE, VIRGINIA ~'40 I I - 153G (540) 853-2444 FAX: (540) 85,3- I I ,4.5 To: Members of Council Date: August 22, 1997 Fax #: Pages: 1, including this cover sheet. From: Mayor David A. Bowers Subject: Rescheduling the Council meetings of September 15 and October 20 COMMENTS: Several Members of Council will attend the First Leadership meeting sponsored by the FitCh Planning District Commission in Chattanooga, Tennessee, on September 14 - 16, 1997. Therefore, I would suggest that the Council meeting scheduled for Monday, September 15 be rescheduled to Monday, September 22 at 12:15 p.m., 2:00 p.m., and 7:00 p.m., respectively. Also, the Xr~rginia Municipal League Annual Conference will be held on October 19 - 21 in Hampton, Virginia. Therefore, I would suggest that the Council meeting scheduled for Monday, October 20 be rescheduled to Wednesday, October 22 at 12:15 p.m., 2:00 p.m., and 7:00 p.m., respectively. Please let Ms. Parker know if you have questions or concerns with regard to the above schedule of meetings. If I do not hear from you by Tuesday, August 26, I will request the City Attorney to prepare the proper measures for consideration by Council at its meeting on Tuesday, September 2. DAB:MFP:sm pc~ W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Mary F. Parker, City Clerk Mary F. Parker, CMCIAAE C~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Ck, rk September 4, 1997 File #77-132-144-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, Council Members White and Swain expressed concern with regard to accumulation of litter and debris in certain sections of the City and along the Interstate ramps, specifically 1-581 in the area of Orange Avenue and Valley View Mall. They suggested that the matter should be addressed through a public information campaign and the posting of signs advising motorists of the consequences of littering. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: William F. Clark, Director, Public Works Rose M. Woodford, Executive Secretary, City Manager's Office H:~AG EN DA.g'/~SEI~'.2 Mary F. Parker, CMC/AAE cay Ck~rk CITY OF ROANOKE Office of the City Clerk ~lndra H. Eakin ~puty c~y C~rk September 4, 1997 File #32-51-132-178 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, Council Member Swain expressed concern regarding junk vehicles on private property and unsafe dwellings in the City of Roanoke. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Rose M. Woodford, Executive Secretary, City Manager's Office H:~,GENDA.97~SEFT. 2 Mary F. Parker, CMCIAAE C~y Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin ~puty c~y c~rk September 4, 1997 File #77-132-144-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, concern was expressed as to whether the City is receiving its fair share of State funding for maintenance/beautification of interstate highways and roads within the City of Roanoke compared with other localities in the Commonwealth; whereupon, the Mayor requested that you discuss the matter with Senator John S. Edwards and Delegates A. Victor Thomas and Clifton A. Woodrum, III. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director, Public Works Rose M. Woodford, Executive Secretary, City Manager's Office H:~,G EN DA.9'/%SEI~I'.2 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk September 4, 1997 File #107-166-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, Council Member Trout expressed concern with regard to the increasing number of small signs advertising local businesses which have been erected on public rights-of-way. He referred specifically to the areas of Franklin Road and Wonju Street, S. W., and requested that the matter be referred to you for investigation. Sincerely, ~ P~ar'ker, CMC/AAE Mary F. City Clerk MFP:sm pcz William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Rose M. Woodford, Executive Secretary, City Manager's Office H:~,GENDA97\SEPT.2 Mary F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy city Ck~rk September 4, 1997 File ~36-192 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, Ms. Helen E. Davis, 35 Patton Avenue, N. E., expressed concern with regard to the appearance of the Roanoke Civic Center on the side facing Second Street, N. E., in the Historic Gainsboro area. The matter was referred to you for appropriate response. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Ms. Helen E. Davis, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Rose M. Woodford, Executive Secretary, City Manager's Office H:~AGENDA.971SEPT.2 COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the second day of September, 1997, JOHN P. BAKER was appointed as a member of the Economic Development Commission for a term ending June 30, 2000. Given under my hand and the Seal of the City of' Roanoke this fifth day of September, 1997. City Clerk H:~AGENDA.9'/~SEFT.2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk September 4, 1997 File #110-293 Mr. Sunny Shah 4776 Chippenham Drive, S. W. Roanoke, Virginia 24018 Dear Mr. Shah: At a regular meeting of the Council of the City of Roanoke on Tuesday, September 2, 1997, you were appointed as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors for a term ending June 30, 1998. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors for a term ending June 30, 1998. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. H:L,~.GENDA.97~EPT.2 Mr. Sunny Shah September5,1997 Page 2 pc: David L. Kjolhede, Executive Director, Roanoke Valley Convention and Visitors Bureau, 114 Market Street, Roanoke, Virginia 24011 Sandra H. Eakin, Deputy City Clerk H:~AGENDA,g71,SEPT, 2