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Council Actions 12-04-00
HUDSON 35155 ROANOKE CITY COUNCIL REGULAR SESSION December 4, 2000 12:15p. m. EMERGENCY OPERATIONS CENTER CONFERENCE ROOM AGENDA FOR THE COUNCIL Call to Order--Roll Call: Council Member Wyatt was absent. City Council School Board 2. Invocation and Lunch. 3. Opening remarks by Mayor Ralph K. Smith. e Opening remarks by Melinda J. Payne, Chair, Roanoke City School Board. Se Presentation of highlights of the City's 2001 Legislative Program. Thomas A. Dick, City of Roanoke Legislative Liaison. e Presentation of highlights of the School Board's 2001 Legislative Program. Remarks by Senator Edwards and Delegates Thomas and Woodrum. Remarks by City Council Members, School Board Members, the City Manager, and the Superintendent of Schools. THE MEETING WAS DECLARED IN RECESS AT 1:35 P.M., AND RECONVENED AT 2:00 P.M., IN THE GOVERNOR'S SCHOOL CONFERENCE ROOM, PATRICK HENRY HIGH SCHOOL CAMPUS, 2102 GRANDIN ROAD, S. W., TO CONVENE IN THE FOLLOWING TWO CLOSED SESSIONS WHICH WERE VOTED ON BY THE COUNCIL PRIOR TO CONVENING IN CLOSED SESSION: (1) A REQUEST OF THE CITY ATTORNEY TO DISCUSS A MATTER OF PROBABLE LITIGATION, PURSUANT TO SECTION 2.1-344 (A)(7), CODE OF VIRGINIA (1950), AS AMENDED. (2) A REQUEST OF THE CITY MANAGER TO DISCUSS A MATTER WITH REGARD TO A PROSPECTIVE BUSINESS WHERE NO PREVIOUS ANNOUNCEMENT OF INTEREST OF THE BUSINESS IN LOCATING ITS FACILITY IN THE CITY HAS BEEN MADE, PURSUANT TO SECTION 2.1-344 (A)(5), CODE OF VIRGINIA (1950), AS AMENDED. ROANOKE CITY COUNCIL REGULAR SESSION December 4, 2000 2:00 p.m. GOVERNORS' SCHOOL CONFERENCE ROOM PA TRICK HENRY HIGH SCHOOL CAMPUS 2102 GRANDIN ROAD, S. W. AGENDA FOR THE COUNCIL 1. Call to Order: All Present. e A report of the City Attorney requesting that Council convene in a Closed Meeting to consult with legal counsel to discuss a matter of probable litigation, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. (Approved 6-0) e A report of the City Manager requesting that Council convene in a Closed Meeting to discuss a matter with regard to a prospective business where no previous announcement of interest of the business in locating its facility in the City has been made, pursuant to Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. (Approved 6-0) 4. Certification of Closed Session. (6-0) The meeting was declared in recess at 2:50 p.m., and to be reconvened at 3:00 p.m., in the Governor's School Lecture Hall. ROANOKE CITY COUNCIL REGULAR SESSION December 4, 2000 3:00 p.m. GOVERNORS' SCHOOL LECTURE HALL PA TRICK HENRY HIGH SCHOOL CAMPUS 2102 GRANDIN ROAD, S. W. AGENDA FOR THE COUNCIL 1. Call to Order -- Roll Call. All Present. The Invocation was delivered by The Reverend Allie McNider, Minister to Students, First Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Wednesday, December 6, 2000, at 7:00 p.m., and Sunday, December 10, 2000, at 4:00 p.m. ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH AVENUE, S. W., OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE ENTIRE CITY COUNCIL AGENDA PACKAGE ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS THE AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.CI.ROANOKE.VA.US, CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBAT SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED AT THE ENTRANCE TO THE LECTURE HALL. PRESENTATIONS: A Proclamation declaring Monday, December 4, 2000, as Kristel Michelle Jenkins Day. File #3 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 A communication from the Honorable Ralph K. Smith, Mayor, requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(!), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Closed Meeting. C-2 A report of the Water Resources Committee recommending that a public hearing be advertised and, lacking any comments to the contrary, execution of a document to grant an easement across City-owned property located at 5th Street and Luck Avenue, S. W., to Cox Communications, Inc., to install, operate and maintain a concrete pad and electronics cabinet. RECOMMENDED ACTION: File #2-166-448-468-514 Concur in request to advertise a public hearing. C-3 A report of the Water Resources Committee recommending that a public hearing be advertised and, lacking any comments to the contrary, execution of a document to grant a 15-foot easement across City-owned property to Verizon for installation of underground facilities to upgrade telephone service to Lincoln Terrace Elementary School. RECOMMENDED ACTION: Concur in request to advertise a public hearing. File #27-166-330-467-468 C-4 A report of the Water Resources Committee recommending that a public hearing be advertised and, lacking any comments to the contrary, execution of a document to grant a revocable license to property owners at 1313 Peters Creek Road, N. W., to allow construction of a parking area encroaching approximately 25 feet into the right-of-way of Peters Creek Road, N. W. RECOMMENDED ACTION: File #322-468-514 Concur in request to advertise a public hearing. C-5 A report of the Water Resources Committee recommending that a public hearing be advertised and, lacking any comments to the contrary, execution of a document to lease property located in the Back Creek area in Roanoke County, identified as Official Tax No. 089.00-03-36.00-0000 for agricultural purposes, to Ms. Sandra Rouse for a term of five years. RECOMMENDED ACTION: File #373-468 Concur in request to advertise a public hearing. C-6 A communication from Mark C. McConnel, Chair, Roanoke Arts Commission, advising of the resignation of Sherlie Doherty as a member of the Roanoke Arts Commission. RECOMMENDED ACTION: File #15-110-230 Receive and file the communication and accept the resignation. C-7 Qualification of the following persons: Charles R. Brown and William F. Clark for terms ending June 30, 2001; Christine Proffitt and Robert R. Young for terms ending June 30, 2002; and Ronald L. Wade and Mrs. Clovis Rogers for terms ending June 30, 2003, as members of the Towing Advisory Board; File #5-20-110 10 F. B. Webster Day as a member of the Youth Services Citizen Board for a term ending May 31, 2003; File #15-110-304 Charles E. Jordan and Kathleen W. Lunsford as members of the Roanoke Arts Commission for terms ending June 30, 2003; and File #15-110-230 William D. Bestpitch as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of Evelyn S. Lander, resigned, ending September 24, 2002. File #15-110-326 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to discuss shelter expansion and services provided by the Roanoke Valley Trouble Center (TRUST). Reid Ammen, Chair, TRUST Board of Directors. Received and filed. File #304-350 bo Request to present the Annual Report of Downtown Roanoke, Inc., Maryellen F. Goodlatte, Chair, Downtown Roanoke, Inc. Received and filed. File #109-277 4. PETITIONS AND COMMUNICATIONS: ao A joint communication from Vice-Mayor William H. Carder and Council Member C. Nelson Harris with regard to Victory Stadium. The four requests contained in the communication were approved. Additionally, the City Manager was requested to submit a recommendation regarding Victory Stadium at the regular meeting of Council on Monday, December 18, 2000, at 3:00 p.m., along with a schedule for public participation/input. File #67-122-467 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: A report with regard to Amendment No. 2 to the Loudon-Melrose Community Rebuilding Subgrant Agreement with Blue Ridge Housing Development Corporation. Adopted Resolution No. 35155-120400. (7-0) File 92-178-236-399 A report recommending authorization for payment, in the amount of $35,442.00, to the Virginia Municipal League EPR Fund, representing the City's pro rata share of expenses for legal and consulting assistance in connection with governmental electric service and fee proration; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 35156-120400. (7-0) File #17-60-330 12 o A report recommending acceptance of a Highway Safety Grant from the Virginia Department of Motor Vehicles, in the amount of $15,000.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35157-120400 and Resolution No. 35158-120400. (7-0) File #5-20-60-236 e A report recommending acceptance of a"Get Alarmed, Virginia!" grant from the Virginia Department of Fire Programs and the Virginia Department of Health, in the amount $74,510.00, to assist with lowering fire deaths in the Commonwealth of Virginia via identification of at-risk homes, to install smoke detectors, and to deliver public fire and life safety education; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 35159-120400 and Resolution No. 35160-120400. (7-0) File 960-70-72 o A report recommending authorization to temporarily re-assign the City Council's representatives to the Policy Board of the Fifth District Employment and Training Consortium. Adopted Resolution No. 35161-120400. (7-0) File 972-104-110-246 o A report recommending acceptance of bids submitted by Peterbilt of Richmond, Inc., and McNeilus Truck and Manufacturing Co., to purchase two side loading, fully automated refuse trucks for use by the Division of Solid Waste Management. Adopted Resolution No. 35162-120400. (7-0) The City Manager advised that she would respond to an inquiry of Council Member Wyatt as to the total number of automated refuse vehicles in the City's vehicular fleet and total number of older refuse vehicles currently in service. File #144-472 b. DIRECTOR OF FINANCE: Financial report for the month of October. Received and filed. File #1-10 A report with regard to appropriation of $8 million to the Hotel Roanoke Conference Center Commission. Adopted Budget Ordinance No. 35163-120400. (7-0) File #25-60-247 6. REPORTS OF COMMITTEES: A report of the Bid Committee recommending acceptance of the bid submitted by U. S. Construction Co., in the amount of $309,535.00, to construct the Tinker Creek Greenway and Smith Park Riparian Plantings; and transfer of funds in connection therewith. W. Alvin Hudson, Jr., Chair. Adopted Budget Ordinance No. 35164-120400 and Ordinance No. 35165-120400. (7-0) File #60-67-356-379 7. UNFINISHED BUSINESS: NONE. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 35150, on second reading, permanently vacating, discontinuing and closing an undeveloped alleyway lying between parcels of land identified as Official Tax Nos. 6090404 and 6090705, and extending north of Willis Street for an approximate distance of 70 feet and a width of approximately ten feet. Adopted Ordinance No. 35150-120400. (7-0) 14 be File #514 Ordinance No. 35151, on second reading, rezoning a certain tract of land located on the south side of Elm Avenue, S. E., at its intersection with 1-581, identified as Official Tax No. 4020317, from LM, Light Manufacturing District, to C-2, General Commercial District. Adopted Ordinance No. 35151-120400. (7-0) File #51 Co Ordinance No. 35152, on second reading, amending proffered conditions relating to a 23.571-acre portion of Official Tax No. 1290107, and to substitute new proffered conditions upon that certain tract of land containing 23.571-acres, more or less, of those six tracts of land containing 60.53 acres, located between 1-581 and Franklin Road, S. W., being a portion of property identified as Official Tax No. 1290107. Adopted Ordinance No. 35152-120400. (7-0) File #51 Ordinance No. 35153, on second reading, amending and reordaining Section 32-104, Levied; rate, of Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by adding a new subsection (c) to provide for a reduction in the tax rate of the personal property tax as it applies to aircraft, pursuant to the provisions of the foregoing article, upon certain terms and conditions. Adopted Ordinance No. 35153-120400. (7-0) File #9-79 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Wyatt requested that Council be provided with the City's annual Affirmative Action report by the first of the calendar year. In view of staff turnover, she also requested that the City Manager identify departmental vacancies, city-wide, and how long the positions have been vacant. File #184-202-411 Vice-Mayor Carder renewed his request for information, which was initially introduced at the November 6, 2000 Council meeting, with regard to an automobile repair establishment in the vicinity of the Lansdowne Park housing complex which was granted a variance, pursuant to certain proffered conditions for rezoning relating to landscaping; and inquired as to the City's procedure to insure that proffered conditions are met. File 951-178 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: Ms. Rhonda Conner, 2193 Wildwood Road, Salem, Virginia, property owner and landlord in the City of Roanoke, referred to the City's lack of enforcement of Chapter 6, Animals and Fowl, Section 6-27, Limitation on keeping. She expressed concern with regard to the number of animals that are allowed to be kept by a tenant in an apartment complex, and requested that the abovereferenced City Code section be amended to further limit the number of animals that may be kept in an apartment building. The matter was referred to the City Manager for appropriate response. File #24-54-66 CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. CERTIFICATION OF CLOSED SESSION. (7-0) WILLIAM M. HACKWORTH CITY ATFORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL: cityatty @ ci.roanoke.va.us December 4, 2000 WILLIAM X PARSONS STEVEN J. TALEVI GARY E. TEGENKAMP ALLEN T. WILSON DAVID L. COLLINS ASSISTANT CITY A'I'FORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Smith and Council Members: This is to request that City Council convene a closed meeting to consult with legal counsel on a matter of probable litigation, pursuant to §2.1-344.A.7, Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, WMH:f cc: Darlene L. Burcham, City Manager Mary F. Parker, City Clerk William M. Hackworth City Attorney Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: SUBJECT: Request for Closed Meeting This is to request that Council convene a closed meeting for the purpose of discussing a prospective business where no announcement has been made of the business's interest in locating their facility in the City, pursuant to Section 2.1-344(A)(5), Code of Virginia (1950), as amended. mitted, Darlene L. ~ City Manager DLB:ca CC: City Attorney Director of Finance City Clerk WHEREAS, WHEREAS, WHEREAS, WHEREAS, Kristel Michelle Jenkins was born on March 21, 1977, and is a native of the Roanoke Valley; she is the daughter of James and doyce Jenkins; and she has two brothers, Kevin Brian and James, dr.; and Ms. Jenkins is a graduate of William Byrd High School and Radford University where she majored in Communications and Psychology; and Ms. Jenkins was crowned Miss Virginia Teen USA in 1995 and competed nationally for Miss Teen USA; on October 21, 2000, she was crowned Miss Virginia USA, being the first contestant to ever win both the Teen and Miss titles consecutively; and she will compete nationally in March 2001 for the title of Miss USA; and as Miss Virginia USA, Ms. Jenkins is striving to present her views on prevention of teen suicide and wishes to use her public influence to help young people deal with daily verbal and physical abuse in schools and to serve as a role model to improve low self-esteem which will lead to a sense of well-being and academic success. NOW, THEREFORE, I, Ralph K. Smith, Mayor of the City of Roanoke, Virginia, in recognition of her personal accomplishments and dedication to community service, do hereby proclaim Monday, December 4, 2000, throughout this great All-America City, as KRISTEL MICHELLE JENKINS DA Y. Given under our hands and the Seal of the City of Roanoke this fourth day of December in the year two thousand. Mary F. Parker City Clerk Ralph K. Smith Mayor RALPH K. SMITIt Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 4, 2000 Council Members: William D. Bestpitch William H. Carder C. Nelson Hams W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Ralph K. Smith Mayor RKS:sm H:~Agenda.OO~Exe,Ses on vacancies,wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk December 7, 2000 File #15-110-230 Ms. Sherlie Doherty 1901 Canterbury Road, S. W. Roanoke, Virginia 24015 Dear Ms. Doherty: Your communication tendering your resignation as a member of the Roanoke Arts Commission was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. On motion, duly seconded and unanimously adopted, the communication was received and filed and your resignation was accepted with regret. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission from May 8, 1995 to December 4, 2000. Please find enclosed a Certificate of Appreciation and an aerial view photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc; Mark C. McConnel, Chair, Roanoke Arts Commission, 124 West Kirk Avenue, Roanoke, Virginia 24011 Stephanie M. Moon, Deputy City Clerk H:~genda.OO\December 4 correspondence wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 7, 2000 File #15-110-530 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: This is to advise you that Charles R. Brown and William F. Clark have qualified for terms ending June 30, 2001; Christine Proffit and Robert R. Young have qualified for terms ending June 30, 2002; and Ronald L. Wade and Mrs. Clovis Rogers have qualified for terms ending June 30, 2003, as members of the Towing Advisory Board. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: George E. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief, Department of Police Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles R. Brown, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term ending June 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me thisc:~day of ~00 ~/ 2000. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N:\CKVC\council00Xagenda\No¢,November 6 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William F. Clark, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term ending June 30, 2001, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ L~ day of ~o 2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd 1~027PI 0423 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Christine Proffitt, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term ending June 30, 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~0 day of ~u 2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd ,% :~ 29 P3:48 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Robert R. Young, do solemnly swear (or affi.~:L),that I will support the Constitution of the United States of America and the Constit..u.fiOh oft~e Commonwealth of Virginia, and that I will faithfully and impartially discharge~d perfor~ all~be-~es incumbent upon me as a member of the Towing Adv_is_~_ Board,~.~ ter/m~/ehding June 30, 2002, according to the best of my ab~~ Subscribed and sworn to before me this c~ day of ~ 2000. ARTHUR B. CRUSH, Ill, CLERK , DEPUTY CLERK N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ronald L. Wade, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term of three years ending June 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this [~- day of ~")OV 2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Clovis Rogers, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Towing Advisory Board for a term ending June 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this o3 1 day of ~.\,,o 2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK N:\CKVC\council00~agenda\Nov\November 6 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clcrk@ci.roanok¢.va, us STEPHANIE M. MOON Deputy City Clerk December 7, 2000 File #15-110-304 Thomas M. Winn, III, Chair Youth Services Citizen Board P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Winn: This is to advise you that F. B. Webster Day has qualified as a member of the Youth Services Citizen Board for a term ending May 31,2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board Stephanie M. Moon, Deputy City Clerk 'ou ~',','15 75:23 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, F. B. Webster Day, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board for a term ending May 31, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this ! 5' day of bio ~/ 2000. ARTHUR B. CRU~ , DEPUTY CLERK MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk December 7, 2000 File #15-110-230 Mark C. McConnel, Chair Roanoke Arts Commission 124 West Kirk Avenue Roanoke, Virginia 24011 Dear Mr. McConnel: This is to advise you that Chades E. Jordan and Kathleen W. Lunsford have qualified as members of the Roanoke Arts Commission for terms ending June 30, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Stephanie M. Moon, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Charles E. Jordan, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this day of ~. o 2000. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Kathleen W. Lunsford, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term ending June 30, 2003, according to the best of my ability. So help me God. Subscribed and sworn to before me this //~ day of /~0(//, 2000. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK N:\CKVC\council00\agenda\Nov\November 6 correspondence.wpd MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@¢i.roanoke.va, us STEPHANIE M. MOON Deputy City Clerk December 11,2000 File #15-110-326 Fenton F. Harrison, Chair Roanoke Valley Area Metropolitan Planning Organization P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Harrison: This is to advise you that William D. Bestpitch has qualified as a member of the Roanoke Valley Area Metropolitan Planning Organization to fill the unexpired term of Evelyn S. Lander, resigned, ending June 30, 2002. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Wayne G. Strickland, Secretary, Roanoke Valley Area Organization, P. O. Box 2569, Roanoke, Virginia 24010 Stephanie M. Moon, Deputy City Clerk Metropolitan Planning H:~,genda.OO\Decernber 4 correspondence.w!od Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William D. Bestpitch, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Valley Area Metropolitan Planning Organization, to fill the unexpired term of Evelyn S. Lander ending 2002, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~nO day of Nod 2000. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK Z~/~7./2000 89:48 Z5403444695 TRUST P~GE 0~ 404 Elm Ave.. SVV Roanoke, VA 24016 ph: :344.4691, F.,x: 344..4~ 1~= Mary Parker. City Clerk Fm~m Coliee~ C~rrelll, Inl~tm Director 853-1145 ~ 11/16/00 TRUST on Agenda for Council Meeting Reid Ammen, Board Chair of TRUST Glenn Radcliff, Director of Human Services NOU-$?-2000 99:52 ~540~444695 99~; P.O~ ROANOKE EXECUTIVE COMMITTEE MARYELLEN F. GOODLA'I-FE Glenn Feldmann Darby & Goodlatte Chair DON J. HARRISON First Union National Bank Chair-Elect M. HELEN BUTLER Carilion Health Systems Secretary MICHAEL E. WARNER N & W Properties Treasurer & Vice-Chair MICHAEL T. DITTRICH Pepsi Bottling Company Vice-Chair STEPHEN W. LEMON Briar Oak Investments Vice-Chair G. LOGAN FORSYTH Chas. Lunsford Sons & Associates Vice-Chair ROBERT H. FE'rZER Building Specialists, Inc. At-Large SUSAN W. JENNINGS The Ads Council of the Blue Ridge At-Large R. MATTHEW KENNELL President DIRECTORS SABREN~ BLEVINS Creative Ink Promotions MICHAEL J. BRUNETTE Newschanne110 (WSLS-TV) ROBERT S. CALLAHAN, JR. 309 First Street VICTOR O. CARDWELL Woods Rogers & Hazlegrove CYNTHIA S. CASSELL Twist & Turns ELLIS L. GUTSHALL Valley Bank BONZ HART Meridium, Inc. JAMES N. HINSON First Virginia Bank-Southwest CAROLE J. HUGHES La De Da, Inc. F. GEOFFREY JENNINGS Frank L Moose Jeweler F. ALLAN POLLARD, II Corned Beef & Company MICHAEL R. RIELEY Verizon JAMES D. RITCHIE Deputy City Manager JAMES C. SEARS Center in the Square BARRY L. SNODGRASS American Electric Power MANJIT S. TOOR Sherertz Franklin Crawford Shaffner, Inc. WILLIAM F. TRINKLE Francis Realtors GARY D. WALTON Hotel Roanoke & Conference Center DOUGLAS C. WATERS Bank of America MARK W. WOODS Woods Farms JOANN B. WEISSBART First Union National Bank WILLIAM H. CARDER Roanoke City Council Liaison November 21, 2000 Ms. Mary Parker City Clerk Noel C. Taylor Municipal Building 215 Church Ave. Roanoke, VA 24011 Dear Ms. Parker: Thank you for returning my call regarding providing us the opportunity to present a brief annual report to Roanoke City Council on their afternoon meeting on either December 4th or 18th. Maryellen Goodlatte, DRI Chair would like to address city council for no more than ten minutes and present a copy of our annual report to members of council and staff. Please let me know as soon as possible what date and time works best for council and ! will confirm with Ms. Goodlatte. Thank you for your help on this. If you have any questions or need additonal information, please do not hesitate to call. Sincerely, President Cc: Maryellen Goodlatte DOWNTOWN ROANOKE INCORPORATED 310 FIRST STREET, S.W.. ROANOKE, VIRGINIA 24011 (540) 342-2028 · FAX 344-1452 ' www. downtownroanoke, org · e-maih dri@downtownroanoke.org Greater Roanoke Region OF ¥1RGINIA CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #67-122-467 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a joint communication from Vice-Mayor William H. Carder and Council Member C. Nelson Harris with regard to Victory Stadium. The communication was before the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. On motion, duly seconded and unanimously adopted, the four requests contained in the communication were approved. Additionally, the City Manager was requested to submit a recommendation regarding Victory Stadium atthe regular meeting of Council on Monday, December 18, 2000, at 3:00 p.m., along with a schedule for public participation/input. Sincerely, .~~~,~ Mary F. CMC City Clerk MFP:sm RALPH K. SMITH Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-254l Fax: (540) 853-1145 December 4, 2000 Council Members: William D. Bestpitch William H. Carder C. Nelson Harris W. Alvin Hudson, Jr. William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mayor and Members of Council: Given that City Council at its planning retreat in July placed making a decision about Victory Stadium as a short-term top priority, we wish to include this letter under the "Petitions and Communications" section of the City Council agenda for Monday, December 4. We recommend that Council take the following actions: 1) Request that the City administration bring forward a recommendation regarding Victory Stadium based upon Council discussions and various studies and design options that have been presented by numerous studies conducted over recent years. If this cannot occur at our meeting on December 4th, we ask that a recommendation be submitted to Council in no more than 30 days. 2) As a part of any recommendation or subsequent action, we respectfully request that a process for public input and participation be developed whereby the design of a stadium/civic facility might be refined in detail to meet the athletic and civic needs of our community. Specifically, we recommend that Roanoke's high school athletic community be considered a primary stakeholder in such a process. 3) We recommend setting aside an additional $300,000.00 in next fiscal year's budget to expand our capacity to adequately service anticipated financing of a stadium/civic facility. In keeping with proper practice, we request that this matter be referred to 2001-02 budget study. 4) Given that our high school football teams will play at least an additional season at Victory Stadium, we request that the City administration bring forward a report regarding turf management and maintenance issues related to the quality of the playing field. Our desire is to have a field that is well-prepared for athletic play. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia December 4, 2000 Page 2 If you have any questions or need clarification regarding the above matters, please do not hesitate to call us. Otherwise, we ask for your consideration of our communication. Respectfully, C. Nelson Harris William "Bill" Carder We the undersigned believe that Victory Stadium is a great part of Roanoke's history and should be preserved for furore generations to use and enjoy the same as our parents and our brothers have done before us. We the undersigned believe that Victory Stadium is a great part of Roanoke's history and should be preserved for future generations to use and enjoy the same as our parents and our brothers have done before us. # We the undersigned believe that Victory Stadium is a great part of Roanoke's history and should be preserved for future generations to use and enjoy the same as our parents and our brothers have done before us. November30,2000 Comments received concerning Victory Stadium: Mr. and Mrs. Charles Consagra, Raleigh Court, 342-1059, support renovation of Victory Stadium. Cliff Baker, 2433 Lincoln Avenue, 343-4026, supports Mayor Smith idea to renovate Victory Stadium; Elizabeth Saleeba, 926 Tazewell, 342-0235, support Mayor's position to renovate Victory Stadium; Charlie Ann Oliver, 4726 Wembley Place, 774-8011, support renovation of Victory Stadium; feels it would be foolish to tear down the Stadium only to build a small facility. She stated that she feels very strongly about this issue. 5. Jean Wallace, Cassell, supports renovation of Victory Stadium; 6. Nancy Andrews, Cantebury, supports renovation of Victory Stadium; 7. Elizabeth Martin, Cassell, supports renovation of Victory Stadium; 8. Mrs. Bill Houck, supports renovation of Victory Stadium; Helen Canary Rowe, agrees wholeheartedly with article in newspaper and Mayor's position to renovate Victory Stadium; need to market it more and use it more. 10. Jim Fields (talked to Mayor Smith at Va. Educational Classic football game); he remembers when Harvest Bowl was held at Victory Stadium (VMI & VPI) around Thanksgiving; the Stadium has contributed so much to the economy of the City of Roanoke; he supports renovation of existing stadium, 427-5184. 11. Barton Morris, 514 Cassell Lane, support renovation of Victory Stadium; December 1, 2000 12. Hubert Brooks, 427-1541, thinks City should save Victory Stadium; 13. Mr. Dillon, concurs with Mayor's position regarding the remodeling of Victory Stadium; 14. Brad Sneed, 3535 Wright Road, S. W., Roanoke, 24015, fully supports Mayor Smith's stance on Victory Stadium. TSkelly540@aol.co m 12/02/2000 10:01 AN To: mayor@ci.roanoke.va.us cc: Subject: victory stadium. To Mr Paul Smith, mayor. Dear Mr Smith, I agree with the position you have taken on Victory Stadium. I believe a large stadium compiments the other small stadiums in the Roanoke area such as those in Salem. We do not need to duplicate what Salem has. I would be willing to work on a citizens committee to oversee the restoration of the stadium. I have worked in Engineering all my life and am now retired. Regards, Tom Thomas W Skelly, 2402 Avenel Ave. Roanoke, Va 24015 -3406 Ph 540 342 8124, fax 1 253 669 6054, email tskelly540@aol.com ViperRLH~aol.com To: Mayor@ci.roanoke.va.us 12/01/2000 05:14 PM cc: Subject: Victory Stadium Dear Mayor Smith, Thanks for your stand on Victory Stadium. It was 9rear for you to get the information from people who know about these things, even if some Council people did not approve your actions. It not only would be bad judgment to spend 12 to 16 million dollars on a new Stadium half its size, when you could have this one fixed up for 9 million. It not only would be bad judgment, but it would border on incompetent leadership from Council. This Stadium is a memorial to our victory during World War 11 , and should not be destroyed nonchalantly. 9 million or 16 million---this choice should be evident. Would you please see that a copy of this e-mail would go to each member of City Council. Thanks and keep up the 9ood work, and don't back down. Raymond & Phyllis Hall 1102 Pechin Ave. S. E. Roanoke, Va. 24013 Phone# 345-8769 CITY OF ROANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk December 7, 2000 File #2-178-236-399 Stephanie M. Moon Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35155-120400 authorizing execution of Amendment No. 2 to a Subgrant Agreement between the City of Roanoke and the Blue Ridge Housing Development Corporation, dated November 2, 1998, for funding to conduct additional affordable housing development projects in the City, said Amendment No. 2 to provide for the next installment of property pumhases and transfers to Habitat for Humanity in the Roanoke Valley and payment of Blue Ridge Housing Development Corporation's construction and operating costs. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Alvin Nash, Executive Director, Blue Ridge Housing Development Corporation, 510 11~ Street, N. W., Roanoke, Virginia 24017 Robert K. Bengtson, Director, Department of Public Works George C. Snead, Jr., Assistant City Manager for Community Development Glenn D. Radcliffe, Director, Department of Human Services Barry L. Key, Director, Department of Management and Budget Ronald Smith, Acting Director, Department of Building Inspections Frank E. Baratta, Grants Compliance Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35155-120400. A RESOLUTION authorizing execution of Amendment No. 2 to a Subgrant Agreement between the City and the Blue Ridge Housing Development Corporation, dated November 2, 1998, for funding to conduct additional affordable housing development projects in the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Deputy City Manager, and the City Clerk, are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2 to the Subgrant Agreement with the Blue Ridge Housing Development Corporation, dated November 2, 1998, for funding to conduct additional affordable housing development projects in the City, said Amendment No. 2 to provide for the next installment of property purchases and transfers to Habitat for Humanity in the Roanoke Valley and payment of Blue Ridge Housing Development Corporation's construction and operating costs, as more particularly set out in the report to this Council dated December 4, 2000. 2. The amendment shall be approved as to form by the City Attorney. ATTEST: City Clerk. H:\RES\R-Amd2-Blue Ridge Housing-12-04-00 Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Amendment No. 2 to "Loudon-Melrose Community Rebuilding" Agreement with Blue Ridge Housing Development Corporation (BRHDC) Background: Historically, the BRHDC has received Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds from the City to develop affordable housing. The original agreement for the BRHDC "Loudon-Melrose Community Rebuilding" project was executed November 2, 1998, and provided $175,000 in CDBG and HOME funds. Amendment No. 1 to the agreement, executed July 1, 1999, increased the CDBG and HOME funds by $66,500. On May 9, 2000, City Council authorized funding for additional housing units by Resolution No. 34798-050900, which approved submission of the City's 2000-2005 Consolidated Plan to the U.S. Department of Housing and Urban Development. On June 19, 2000, City Council accepted the 2000-2001 CDBG funds by Budget Ordinance No. 34880-061900 and Resolution No. 34881-061900, and the 2000- 2001 HOME funds by Budget Ordinance No. 34882-061900 and Resolution No. 34883- 061900. Considerations: In order for BRHDC to provide the affordable housing development activities approved in the Consolidated Plan, City Council's authorization is needed to execute an amendment to the "Loudon-Melrose Community Rebuilding" agreement. A total of $85,920 in CDBG and HOME funds will be added to the agreement, of which $77,920 will be used for land acquisition and construction, with the remaining $8,000 used for BRHDC operating costs. Amendment No. 2 to "Loudon-Melrose Community Rebuilding" Agreement with BRHDC December 4, 2000 Page 2 Recommended Action: Authorize the City Manager to execute Amendment No. 2 to "Loudon Melrose Community Rebuilding" Agreement with BRHDC, similar in form and content to the draft attached to this report, approved as to form by the City Attorney. Respectfully submitted, City Manager Attachments: 1 C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Frank E. Baratta, Grants Specialist Report # 00-65 · ~ Attachment 1 AMENDMENT No. 2 This Amendment No. 2 is made and entered into this first day of December, 2000, by and between the City of Roanoke (the Grantee) and Blue Ridge Housing Development Corporation, Inc.(the Subgrantee). WITNESSETH: WHEREAS, by Resolution No. 34066-110298, Roanoke City Council approved the execution ofa subgrant agreement ("Agreement") between the Grantee and the Subgrantee and, by Ordinance No. 34065-110298, appropriated funds therefor; and WHEREAS, by Resolution No. 33459-090799, Roanoke City Council authorized Amendment No. 1 to the Agreement, which increased budgeted funds by $66,500; and WHEREAS, by Resolution No. __ Agreement; -120400, Roanoke City Council authorized Amendment No. 2 to the NOW THEREFORE, the Grantee and the Subgrantee do mutually agree to amend the Agreement as follows Attachment A ("1998/99 BRHDC CDBG/HOME Agreement Financial Accounts") of the Agreement is revised to increase budgeted funds by $85,920.00. Specifically, $45,000.00 in CDBG "project funds" have been added under account 035-G01-0120-5071; $32,920.00 in HOME "CHDO project funds" have been added under account 035-090-5308-5345; and $8,000 in HOME "CHDO operating funds" have been added under account 035-090-5308-5248. The Agreement, dated November 2, 1998, and Amendment No. 1, dated July 1, 1999, shall remain unchanged in all other terms and provisions. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year hereinabove written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk City Manager/Deputy City Manager ATTEST: FOR THE SUBGRANTEE: By By Cyndi Stultz, Secretary Alvin Nash, Executive Director Page 1 of 3 A~PROVED AS TO CDBG/HOME ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Assistant City Attorney Date Account # Director of Finance (See Attachment A) Page 2 of 3 Attachment A 1998/99 BRHDC CDBG/HOME Agreement CLoudon-Melrose Community Rebuilding Initiative" and "SRO Repair") Financial Accounts Accoum # Description Project Support Admin Total CDBG Funds: 035-095-9520-5107 SRO Repair 1,559 1,559 035-097-9720-5107 SRO Repair 10,910 10,910 035-098-9820-5107 SRO Repair 2,531 2,531 Total Activity 15,000 15,000 035 -094-9420-5071 Loudon-Melrose Rebldg./Habitat 1,951 1,951 035-098-9820-5071 Loudon-Melrose Rebldg./Habitat 58,049 58,049 035-G00-0020-5071 Loudon-Melrose Rebldg./Habitat 60,000 60,000 035-G01-0120-5071 Loudon-Melrose Rebldg./Habitat 45,000 45,000 035-099-9920-5071 Loudon-Melrose Rebldg. 50,000 50,000 Total Activity 215,000 215,000 Total CDBG Funds 230,000 230,000 HOME/CHDO Funds: 035-090-5306-5345 Loudon-Melrose Rebldg 46,566 46,566 035-090-5308-5345 Loudon-Melrose Rebldg 32,920 32,920 035-090-5321-5345 Loudon-Melrose Rebldg 3,434 3,434 82,920 82,920 035-090-5307-5248 CHDO Operating 6,500 6,500 035-090-5308-5248 CHDO Operating 8,000 8,000 Total Activity 14,500 14,500 Total HOME Funds 82,920 14,500 97,420 ITOTAL CDBG and HOME/CHDO FUNDS Page 3 of 3 CITY OF R O/INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #17-60-330 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35156-120400 amending and reordaining certain sections of the 2000-2001 General Fund Appropriations, providing for the transfer of $35,442.00, representing the City's pro rata share of expenses for legal and consulting assistance in connection with governmental electric service and fee proration for payment to the Virginia Municipal League EPR Fund. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director of Public Works Barry L. Key, Director, Department of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of December, 2000. No. 35156-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations General Government $12,187,431 Purchasing (1) ............................................. 397,561 Nondepartmental $65,948,630 Contingency (2) ............................................ 318,712 1 ) Fees for Professional Services (001-440-1237-2010) $ 35,442 2) Contingency (001-300-9410-2199) (35,442) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Governmental Electric Service and Fee Proration Background: Roanoke has historically joined with other cities, towns and counties that are served by American Electric Power to negotiate as a block unit through the Virginia Municipal League (VML) and Virginia Association of Counties (VACO). Local governments have benefitted over the past 25 years from working jointly in connection with procuring electric service. Since 1993, for example, local governments in the AEP service area collectively have saved $13.7 million over the rates AEP otherwise proposed charging. Working collectively promises to be even more meaningful and advantageous as electric customers move toward "customer choice". Government electric rates have been established through contract negotiations since 1974. Current contract rates for purchasing electricity for schools, pumping (water and sewage) and general government were recently approved for the period from July 1,2000, through June 30, 2002. Unlike previous contract periods, it is desirable that local governments now begin to prepare for the next contract period by exploring all possible options for purchasing electricity in a restructured electric industry which will have the potential for higher electric rates. Considerations: The VMLNACO Electrical Rate Steering Committee met on October 6, 2000, to discuss the various activities that should be acted upon prior to the expiration of the AEP agreement on June 30, 2002. While it is difficult to estimate the amount of legal and consulting assistance that will be needed over the next few years, the Steering Committee believes that it may cost as much as $500,000. Accordingly, because of the urgent need to begin on this important project, the Steering Committee voted to seek assessments totaling $200,000 immediately from each local government and authority in AEP's service area and further increments of $200,000 on July 1, 2001, and $100,000 on July 1, 2002. The latter two amounts may be adjusted upward or downward later if warranted. An assessment to pay for legal and consulting assistance through the VML and VACO has been received from the VML in the amount of $35,442. This amount reflects Roanoke's proportionate share of the initial $200,000 needed at this time based on our electricity usage. Attached is a self-explanatory letter, dated November 7, 2000, from VML and VACO. Please note that Roanoke's representative on the Steering Committee is the Director of Public Works. 00-197 Governmental Electric Service & Fee Proration Page 2 December 4, 2000 Recommended Action: It is recommended that City Council authorize the payment of $35,442 to the VML EPR Fund as the City's pro rata share of expenses for legal and consulting assistance, and transfer $35,442 from General Fund Contingency Account No. 001-300-9410-2199 to Purchasing Fees for Professional Services Account No. 001-440-1237-2010. City Manager Attachment c: City Clerk City Attorney Director of Finance Director of Public Works #00-197 VML/VACo AEP Steering Committee Assessment INVOICE City of Roanoke 2000 Assessment $35,442.00 Please pay by December 15, 2000 Please make check payable to VML EPR Fund and send to VML Insurance Programs PO Box 12164 Richmond, VA 23241 ATTN: Paulette Alexander EAST FRANKLIN STREET I001 EAST ~3ROAO STREET P.O. Box Izt64 SUITE LL ZO RICHMOND. VA Z3241 RICHHOND, VA Z3Zl9 8o4/649-847~ ~rginia 8o4/788-665z ~sociation ~AX 804/343-~758 of Counties FAX 804/788-OO83 MEMORANDUM TO: Key Officials in AEP Service Territory FROM: R. Michael Amyx, Executive Director of VML James Campbell, Executive Director of VACO DATE: November 7, 2000 RE: AEP Contracts for Electric Service As a result of negotiations by the VML/VACo APCo Steering Committee with Appalachian Power Company d/b/a AEP ("AEP"), each contracting entity (county, city, town, school board and authority) should have received a reduction in electric rates of approximately 4.5% beginning July 1,2000 and a formal contract from AEP for execution by your governing body. The contract expires June 30, 2002. Unlike previous contract periods, it is desirable that local governments begin now to prepare for the next contract period. As explained more thoroughly in August, 2000 articles in Virginia Town & City, the Virginia General Assembly has adopted electric restructuring legislation that allows all customers to choose from whom they purchase their power. "Customer choice" is available to all customers, including local governments, beginning January 1, 2004 and to some customers immediately. Once customer choice is available, public procurement law will require most local governments to shop for power. While AEP is legally obligated to continue to supply power to local governments after the contract ends June 30, 2002, it has made it clear that it believes that future rates to local governments should be at market rates. While we do not agree with this position, it is imperative that governments begin immediately to explore various courses in preparation for AEP's approach. While it is difficult to predict now what market prices will be for local government customers in 2002, all indications are that they will be substantially higher than current rates. For example, in connection with AEP's pilot program for residential, commercial and industrial customers that begins October 1,2000, the SCC projected a market price of 4.45<Z kwh for residential customers for generation and transmission services. This amounts to approximately 18% higher than 3.67cr per kWh, which the SCC found to be the approximate, cost AEP currently charges residential customers for these services. If these numbers are representative for local government customers, a typical school using 2 million kwh annually would pay an additional $15,600 annually; larger facilities such as a wastewater treatment plan could pay $50,000 to $I00,000 more annually. Annual rates for the local government class as a whole could increase by $3.8 million or more. There are a number of things that local governmental entities need to do to prepare for a restructured electric industry, and the prospect of paying higher electric rates makes the need more compelling. For example, within the next year or so, governmental customers need to obtain load data from AEP on each account and ensure that the data is in a form that can be best used for soliciting bids from other power suppliers. The need for developing and issuing an RFP is very probable. Reviewing responses to the RFP will follow, as well as negotiating rates and terms with the selected supplier. Even prior to issuing an RFP, local governments must negotiate with AEP to "unbundle" their rates into distribution, transmission and generation components. Further, to continue to cooperate as a group, a more formal legal structure for the Steering Committee will be necessary to allow for the issuance of RFPs for power. There are also some important proceedings at the SCC and expected legislative activity which local governments should monitor and perhaps participate in. These and other activities were discussed at a recent meeting of the VML/VACo APCo Steering Committee. While it is difficult to estimate the amount of legal and consulting assistance that will be needed over the next few years, the Committee believes that it may cost as much as $500,000. Included within this is a $25,000 deficit from recently concluded negotiations that resulted from approximately five governmental entities failing to contribute their proportionate share. Accordingly, because of the urgent need to begin on this important project, the Steering Committee voted to seek assessments totaling $200,000 immediately from each local government and authority in AEP's service area and further increments of $200,000 on July 1, 2001 and $100,000 on July 1, 2002. The latter two amounts may be adjusted upward or downward later if warranted. Attached is an invoice reflecting your governmental entity's proportionate share of $200,000 based on its electricity usage (exclusive ofstreetIights) relative to all others. Funds will be managed by the VML in a separate interest bearing account. Local governments have benefited over the past 25 years from working jointly in connection with procuring electric service. Since 1993, for example, local governments in the AEP service area collectively have saved $13.7 million over the rates AEP otherwise proposed charging. Working collectively promises to be even more meaningful and advantageous as customers move toward "customer choice." The Steering Committee welcomes the participation of any government that would like to send a representative(s) to serve on the Committee. Also, a subcommittee of the Steering Committee will begin work soon on formalizing an organizational structure and documents for a joint entity for purchasing power in the future. If you or your city, county or town attorney would like to participate or be on the mailing list for either of these groups, please call Sarah Hopkins Finley at (804) 783-6481 or e-mail her at sfinley~wmcd, com. Questions may also be addressed to the Chairman of the Steering Committee, Lance Terpenny, Town Manager of Christiansburg at (540) 382-6128. Attachment CC: VML/VACo APCo Steering Committee Members Howard W. Dobbins, Esquire Sarah Hopkins Finley, Esquire C. F. Hicks, Esquire CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #5-20-60-236 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35158-120400 authorizing acceptance of a certain Highway Safety Grant, in the amount of $15,000.00, from the Virginia Department of Motor Vehicles, sponsored by the United States Department of Transportation, and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Robert K. Bengtson, Director of Public Works Barry L. Key, Director, Department of Management and Budget Frank Baratta, Grants Compliance Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35158-120400. A RESOLUTION authorizing the acceptance of a certain Highway Safety Grant from the Virginia Department of Motor Vehicles, sponsored by the United States Department of Transportation, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Motor Vehicles a Highway Safety Grant in the amount of $15,000, sUch grant being more particularly described in the report of the City Manager, dated December 4, 2000, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Virginia Department of Motor Vehicles. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #5-20-60-236 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35157-120400 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $15,000.00, in connection with acceptance of a Highway Safety Grant from the Virginia Department of Motor Vehicles to conduct selective enforcement activities which target Driving Under the Influence, speeding, and motor vehicle occupant safety. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Robert K. Bengtson, Director of Public Works Barry L. Key, Director, Department of Management and Budget Frank Baratta, Grants Compliance Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of December, 2000. No. 35157-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Highway Safety Grant- FY01 (1-2) ............................... Revenues Public Safety Highway Safety Grant - FY01 (3) ................................. 1 ) Overtime (035-640-3408-1003) $13,934 2) F ICA (035-640-3408-1120) 1,066 3) State Grant Receipts (035-640-3408-3408) 15,000 $ 2,600,754 15,000 $ 2,600,754 15,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Virginia Department of Motor Vehicles Grant Background: The Virginia Department of Motor Vehicles (DMV) is the administering agency for pass through funds provided by the United States Department of Transportation for highway safety projects in Virginia. DMV offers these funds, in the form of grants, to successful applicants for activities which improve highway safety in Virginia. On September 29, 2000, DMV awarded the Roanoke Police Department $15,000 to conduct selective enforcement activities which target Driving Under the Influence (DUI), speeding, and motor vehicle occupant safety. This is the fifth year Roanoke has received funds under this program. In the past four years, this program has funded 1,823 (extra/overtime) hours of police patrol, accounting for 1,113 traffic charges and 79 arrests for DUI. There is a statistically proven proportional correlation between levels of motor vehicle law enforcement and traffic accidents in the City of Roanoke. Historically, speed and alcohol are factors in 17 percent of Roanoke's motor vehicle accidents. This program allows officers to concentrate on alcohol impaired drivers and speeders at times when such violations are most likely to occur -- times when the motoring public is most at risk. Recommended Action: Appropriate $15,000 to grant fund accounts to be established by the Director of Finance in the following amounts: Police Overtime $13,934 FICA $1 ,O66 $15,000 Increase revenue estimates in an account to be established by the Director of Finance. City Manager C; Mary Parker, City Clerk William Hackworth, City Attorney James Grisso, Director of Finance George Snead, Assistant City Manager for Community Development A.L. Gaskins, Chief of Police #00-409 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us December 8, 2000 File #60-70-72 STEPHANIE M. MOON Deputy City Clerk Troy H. Lapetina, Executive Director Virginia Department of Fire Programs Monroe Building, 18th Floor 101 N. 14th Street Richmond, Virginia 23219 Anne E. Peterson, Commissioner Virginia Department of Health Main Street Station, Room 214 1500 E. Main Street Richmond, Virginia 23219 Dear Mr. Lapetina and Ms. Peterson: I am enclosing copy of Resolution No. 35160-120400 authorizing acceptance of a "Get Alarmed, Virginia!" grant from the Virginia Department of Fire Programs and the Virginia Department of Health, in the amount $74,510.00, to assist with lowering fire deaths in the Commonwealth of Virginia via identification of at-risk homes, to install smoke detectors, and to deliver public fire and life safety education. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development James Grigsby, Chief, Department of Fire/EMS Barry L. Key, Director, Department of Management and Budget Frank Baratta, Grants Compliance Specialist IN TIlE COUNCIL OF TI~E CITY OF' ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35160-120400. A RESOLUTION accepting and expressing appreciation for the monetary grant from the Virginia Department of Fire Programs and Virginia Department of Health. WHEREAS, the Virginia Department of Fire Programs and Virginia Departmem of Health have granted $74,510 to assist the Roanoke Fire-EMS Department in lowering fire deaths in the City of Roanoke via the identification of at-risk homes, installation of smoke detectors, and delivery of public fire and life safety education. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council accepts and expresses its appreciation for the grant of $74,510 to the Roanoke Fke-EMS Department from the Virginia Department of Fire Programs and Virginia Department of Health. 2. The City Clerk is directed to forward an attested copy of this resolution to the Virginia Department of Fire Programs and Virginia Department of Health. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #60-70-72 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35159-120400 amending and reordaining certain sections of the 2000-2001 Grant Fund Appropriations, providing for appropriation of $19,510.00, in connection with acceptance of a "Get Alarmed, Virginia!" grant from the Virginia Department of Fire Programs and the Virginia Department of Health, to assist with lowering fire deaths in the Commonwealth of Virginia via identification of at-risk homes, to install smoke detectors, and to deliver public fire and life safety education. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development James Grigsby, Chief, Department of Fire/EMS Barry L. Key, Director, Department of Management and Budget Frank Baratta, Grants Compliance Specialist IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of December, 2000. No. 35159-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 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 2000-2001 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDrooHations Public Safety $ 2,567,264 Get Alarmed Virginia Grant (1-3) ........................... 19,510 Revenues Public Safety $ 2,567,264 Get Alarmed Virginia Grant (4) ............................. 19,510 1 ) Temporary Wages 2) FICA 3) Project Supplies 4) State Grant Receipts 035-520-3339-1004) (035-520-3339-1120) (035-520-3339-3005) (035-520-3339-3339) 16,721 1,279 1,510 19,510 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: "Get Alarmed, Virginia!" grant Background: The "Get Alarmed, Virginia!" grant, created in 1988 by the Virginia Department of Fire Programs and Virginia Department of Health, is a statewide program designed to assist in lowering fire deaths in the Commonwealth of Virginia via the identification of at-risk homes, the installation of smoke detectors, and delivery of public fire and life safety education. Administered at the state level, the program is implemented at the local level by local fire departments. Each year, localities are identified by the state and selected for program implementation based on a number of criteria: community's economy, housing, number of elderly citizens and number of children under five years of age, the community's overall fire history, and the jurisdiction's ability to deliver the program. Considerations: The major award consists of funding for a one-year part-time staff position, supplies, and 2,500 smoke detectors (valued at $22 each). The city had been awarded a "Get Alarmed, Virginia!" grant, valued at $74,510, with no matching funds from the city. The Fire-EMS Department has received 2,500 smoke detectors valued at $55,000. The remainder of the grant funds is $19,510. The balance of $19,510 will be used for: Personal Services - Salaries and FICA Project Supplies $18,000 $ 1,510 Recommended Action: Accept the "Get Alarmed, Virginia?' grant from the Virginia Department of Fire Programs and Virginia Department of Health, valued at $74,510 and authorize the Director of Finance to establish revenue estimates and appropriation accounts for the procurement of materials and equipment and personal services costs for installation. Respectfully submitted, Darlene L. B~ City Manager C: Mary Parker, City Clerk William Hackworth, City Attorney James Grisso, Director of Finance James Grigsby, Fire-EMS Chief #00-199 CITY OF ROANOKE Office of the C~ty Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #72-104-110-246 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 35161-120400 authorizing temporary re-assignment of City Council's representatives to the Policy Board of the Fifth District Employment and Training Consortium, so that the Deputy City Manager serves as the City of Roanoke representative to the Board and the Director of Human Services serves as alternate. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: James D. Ritchie, Sr., Deputy City Manager George C. Snead, Jr., Assistant City Manager for Community Development Glenn Radcliffe, Director, Department of Human Services/Social Services Vickie Price, Executive Director, Fifth District Employment and Training Consortium IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35161-120400. A RESOLUTION authorizing the temporary re-assignment of City Council's representatives to the Policy Board of the Fifth District Employment and Training Consortium, so that the Deputy City Manager serves as the City of Roanoke representative to the Board and the Director of Human Services as alternate. BE IT RESOLVED by the Council of the City of Roanoke that City Council's appointees to the Policy Board of the Fifth District Employment and Training Consortium be temporarily re-assigned, reversing the roles so that the Deputy City Manager, James D. Ritchie, serves as representative to the Policy Board, and the Director of Human Services, Glenn D. Radcliffe, serves as alternate, within the limits set forth and for the purposes specified in the City Manager's report to this Council dated December 4, 2000. ATTEST: City Clerk. H ~RES\R- Fi fthDis~rict-PolicyBo~d- 12-4-00 Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Back~round Temporary Re-Assignment of Council Appointees to the Policy Board of the Fifth District Employment and Training Consortium Under an Agreement among nine (9) area jurisdictions, the Fifth District Employment and Training Consortium oversees Workforce Investment Act (WIA) services benefitting those governments and their citizens. (This workforce investment area encompasses the cities of Clifton Forge, Covington, Roanoke and Salem, plus the counties of Alleghany, Botetourt, Craig, Franklin and Roanoke). Each jurisdiction appoints a representative and alternate to serve on the regional Policy Board which oversees WIA activities. (Roanoke City Council has designated Glenn D. Radcliffe, Director of Human Services as its representative to the board and James D. Ritchie, Deputy City Manager, as alternate). Working with the Policy Board which represents local government interests, is a Workforce Development Board, with a predominantly private sector business membership, that determines regional workforce development priorities. Federal legislation governing implementation of the Workforce Investment Act (WIA) directs that there be a separation in the supervisory or organizational reporting structure between staff serving as support to the Workforce Development Board and personnel providing direct services to clients (employers, job seekers and incumbent workers). This requirement for separation in reporting structures is designed to ensure objectivity in the review of performance towards achieving mandated outcomes. The Executive Director of the Fifth District Consortium is currently serving as staff to the Workforce Development Board. Representatives of the U.S. Department of Labor and the state Workforce Investment Act Unit have determined that this individual and direct services staff (remaining FDETC personnel) must report to different supervisors. Therefore, it is recommended that the representatives designated by Roanoke City Council to the Policy Board of the Fifth District Employment and Training Consortium be temporarily re-assigned. This will result Roanoke City Council December 4, 2000 Page 2 in James D. Ritchie serving as appointee to the board and Glenn D. Radcliffe as alternate. (As a result, the required separation of reporting would be achieved as the FDETC Executive Director will report to the Deputy City Manager and the staff who provide direct services to clients would report to the Director of Human Services). This temporary re-assignment is expected to commence upon the date of Roanoke City Council approval and end as of February 28, 2001, by which time the Workforce Development Board will have advertised, interviewed and hired an Executive Director. Recommended Action(s) Authorize the temporary re-assignment of City Council's representatives to the Policy Board of the Fifth District Employment and Training Consortium, so that James D. Ritchie serves as appointee to the Policy Board and Glenn D. Radcliffe as alternate. Respectfully submitted, Darlene L. B~ m~~~~t~/ City Manager James Grisso, Director of Finance William Hackworth, City Attorney Glenn Radcliffe, Director of Human Services Vickie Price, FDETC Executive Director Report #: 00 - 412 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #144-472 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At the regular meeting of the Council of the City of Roanoke which was held on Monday, December 4, 2000, Council Member Wyatt inquired as to the total number of automated refuse vehicles in the City's vehicular fleet and the total number of older refuse vehicles currently in service. Mary F. Parker, CMC City Clerk MFP:sm pc: Robert K. Bengtson, Director of Public Works H 2Agenda.00\December 4 correspondence.wpd MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk December 8, 2000 File #144-472 Russell W. Perkins, Sales Representative Peterbilt of Richmond, Inc. P. O. Box 37190 Richmond, Virginia 23234 Jeff Watts, Sales Representative McNeilus Truck and Manufacturing Co. 2160 Lee Road Lithia Springs, Georgia 30122 Gentlemen: I am enclosing copy of Resolution No. 35162-120400 accepting the following bids submitted by Peterbilt of Richmond, Inc., and McNeilus Truck and Manufacturing Co., for certain vehicular equipment; and rejecting all other bids made to the City: Quantity and Description Successful Bidder Total Purchase Price 2 - Refuse Truck Cab/Chassis Peterbilt of Richmond, Inc. $167,086.00 2 - 24 cu. yd. Refuse Bodies McNeilus Truck and $107,784.00 Manufacturing Co. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures Russell W. Perkins Jeff Watts December 8, 2000 Page 2 pc: Darlene L. Burcham, City Manager D. Darwin Roupe, Director, General Services Robert White, Manager, Purchasing Barry L. Key, Director, Department of Management and Budget Robert K. Bengtson, Director of Public Works James A. McClung, Manager, Solid Waste Management and Recycling MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk December 8, 2000 File #144-472 S. Mark Flippo, Vice-President, Cavalier Equipment Corporation H. R. Bell, Salesman, Mid-Atlantic Waste Systems Peter Witt, Sales Representative, Virginia Truck Center, Inc. Bruce Armstrong, Sales Representative, Wilbur Truck Equipment Co. Gentlemen: I am enclosing copy of Resolution No. 35162-120400 accepting the following bids submitted by Peterbilt of Richmond, Inc., and McNeilus Truck and Manufacturing Co., for certain vehicular equipment; and rejecting all other bids made to the City: Quantity and Description Successful Bidder Total Purchase Price 2 - Refuse Truck Cab/Chassis Peterbilt of Richmond, Inc. $167,086.00 2 - 24 cu. yd. Refuse Bodies McNeilus Truck and $107,784.00 Manufacturing Co. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your bid on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35162-120400. A RESOLUTION accepting bids made to the City for furnishing and delivering tracks and related equipment, upon certain terms and conditions; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase price set out with each item: Quantity and Description Successful Bidder Total Purchase Price 2 - Refuse Truck Cab/Chassis Peterbilt of Richmond, Inc. $167,086.00 2 - 24 cu. yd. Refuse Bodies McNeilus Truck and Manufacturing Co. $107,784.00 2. The City's Manager of Purchasing is hereby authorized to issue the requisite purchase orders and related documents therefor, incorporating into such orders the City's specifications, the terms of said bidders' proposals and the terms and provisions of this Resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: H 'RES R-Bid-Veh Equip- 12-04-00 City Clerk. Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Purchase of Refuse Trucks Bid No. 00-10-42 Background: Capital Maintenance and Equipment Replacement Program (CMERP) has identified the need to purchase two (2) side loading, fully automated refuse trucks for the Division of Solid Waste Management. The units are needed to accomplish existing requirements for collection of solid waste. Considerations: Bids were received from three (3) truck dealers and three (3) refuse body dealers. The lowest bids are as follows: Two (2) new Iow entry, tilt cab, diesel powered truck cab/chassis to be provided by Peterbilt of Richmond, Inc., Richmond, Va, for a cost of $83,543 per truck. This bid meets all required specifications. Two (2) new side loading, fully automated, 24 yd compaction bodies to be mounted on above cab/chassis, to be provided by McNeilus Truck and Manufacturing Co., Lithia Springs, GA., for a cost of $53,892.00 per unit. McNeilus Truck and Manufacturing Co. took exception to the packing cylinder size but this is determined to be an informality as the packing cylinder to be provided does not affect the operation of the units. Funding for the above equipment is available in Fleet Management account 017-440- 2642-9015. Bid Committee Report Refuse Trucks December 4, 2000 Bid # 00-10-42 Page 2 Recommendation: Award the bids as set forth above, authorize the issuance of purchase orders for a total cost of $274,870.00 and reject all other bids. Respectfully submitted, D. Darwin Roupe J~ames A. McClung~. Robert L. White I concur with the recommendation of the bid committee and recommend it to you for approval. CC: City Clerk City Attomey Director of Finance Director of General Services Director of OMB Manager, Purchasing City Manager #00-614 Department of Finance City of Roanoke, Virginia December 4, 2000 TO: Honorable Mayor and Members of City Council FROM: James D. Grisso, Director of Finance SUBJECT: October Financial Report This financial report covers the first four months of the 2000-2001 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 2.06% or $987,000 compared to FY00. Variances in specific categories of revenues are as follows: General Property Taxes are up 4.24% or $976,000. The first installment of real estate tax was due on or before October 5. Real estate tax revenue through the end of October has increased over the same period in the prior fiscal year as a result of earlier receipt of payments and increased collection of delinquent taxes. Real estate tax revenues are projected to increase approximately 4% from the prior year. Personal property tax revenue is ahead ofb~oth the prior year and the current year budgetary projections, although the majority of this revenue is received in the ~pring. Other Local Taxes rose $350,000 or 2.91%. Prepared food and beverage tax revenue is ahead of the prior year. New restaurant openings aid the growth of this local tax. Gas tax revenue is up due to a rate increase. Water utility consumer tax revenue is also up as a result of a rate increase, which was effective January 1, 2000, and the implementation of a new billing system which records utility tax revenue on the accrual basis of accounting. The Telecommunications Right of Way fees are up compared to the prior year because the act did not begin generating significant revenues until December 1999. These increases are partially offset by a decline in business and occupational license tax. Permits, Fees and Licenses decreased 19.23% or $59,000 due to declines in building inspection and electrical inspection fees. Fines and Forfeitures are up $30,000 or 11.66% due to increased general district court fines and general district court collection fees, resulting from an increased caseload. Revenue from parking tickets also rose. Revenue from Use of Money and Property declined 6.03% or $28,000. The State is billed for use of the Commonwealth Building monthly based on estimated operating and maintenance costs. In August of FY00, the State was billed for the amount that actual costs exceeded estimated costs, producing significantly higher revenue inFY00. No additional amounts were billed in FY01. This decrease is partially offset by an increase in interest income resulting from higher average daily cash balances in the General Fund. Charges for Services rose $125,000 or 14.47% due to an increase in weed cutting and demolitions charges which is partially offset by a decline in EMS billings. Miscellaneous Revenue is up $70,000 resulting from a timing difference in the sale of surplus property. The surplus sale typically held in the fall was held in August. An increase in the volume of surplus vehicles necessitated an earlier sale in the current fiscal year. Internal Services decreased 17.79% or $75,000. Declines in street maintenance, custodial and engineering billings are partially offset by an increase in building maintenance and fire safety airport billings. Hon&able Mayor and Members Roanoke City Council December 4, 2000 Page 2 EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 7.87% or $4,955,000 since FY00. Variances in individual expenditure categories are discussed as follows: General Government have increased 5.08% or $191,000, primarily due to increases in the salary and fringes categories in the City Manager' s department that resulted from the incorporation of Assistant City Managers salaries that were previously accounted for in their own departments. Judicial Administration expenditures are up $259,000 or 16.20%. Juvenile and Domestic Relations Court Services costs to house children detained by the courts have increased from the prior year. Beginning in June 2000, children detained by the court are housed at the Roanoke Valley Detention Center instead of the City-operated detention home. Expenditures of the City-operated juvenile detention home were reported under the Public Safety category in prior years. Public Works expenditures increased 5.81% or $541,000. Annual paving program expenditures have increased. Solid waste management recycling expenditures are up due to the purchase of approximately 27,000 recycling containers. These increases are partially offset by a decline in personnel and supply costs of the parks and grounds maintenance department. Health and Welfare expenditures declined $476,000 or 6.61% resulting from decreased expenditures under the Comprehensive Services Act (CSA). Due to changes in eligibility requirements, the number of CSA cases has dropped. Managed Health Services is no longer providing utilization monitoring and management services to the City, which also reduces CSA expenditures. Utilization monitoring and management is required by the State but is now being performed by City staff. Community Development expenditures have gone up 15.83% or $210,000 due to across the board increases in the Planning and Code Enforcement Department related to its recent re-organization. Transfer to Debt Service Fund is down $1,529,000 or 22.08% on a year-to-date basis due to decreased principal payments made on the Series 1994 and 1997B General Obligation Bonds. Transfer to School Fund is up 7.16% or $1,025,000 as a result in the increase in local funding of the schools and the appropriation of $429,172 of the $1,079,519 in CMERP funds allocated to the schools. Nondepartmental expenditures increased 67.47% or $1,457,000. Transfers to the Capital Projects Fund increased due to transfers of funding for Greater Gainsboro property acquisition, infrastructure and garage. Funds were also transferred for the new police building and various capital projects. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. ' Director of Finance JDG/AFS Attachments Balance July 1, 2000 Ordinance Number Date CMT 382 07/07/00 34979 08/07/00 CMT 908 09/11/00 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE OCTOBER 31, 2000 Department Purchasing Emergency Management Services Memberships and Affiliations Balance October 31, 2000 Pur_oose Portrait of Dr. Noel C. Taylor Project Impact Virginia Amateur Sports $420,244 (4,500) (16,590) (20,000) $379,154 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July 1 - Oct 31 July 1 - Oct 31 Revenue Source 1999-2000 2000-2001 General Property Taxes $23,035,477 $24,011,124 Other Local Taxes 12,000,044 12,349,663 Permits, Fees and Licenses 306,256 247,351 Fines and Forfeitures 260,863 291,297 Revenue from Use of Money and Property 467,078 438,893 Grants-in-Aid Commonwealth 10,559,115 10,158,480 Grants-in-Aid Federal Government 8,565 8,589 Charges for Services 863,146 956,020 Miscellaneous Revenue 25,637 95,816 Intemal Services 423,789 348,384 Total $47,950,190 $48,937,617 Percentage of Change Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 4.24 % $57,545,438 41.73% 2.91% 55,834,655 22.12% (19.23) % 729,250 33.92% 11.56 % 864,500 33.70% (6.03) % 1,124,863 39.02% (3.79) % 61,662,779 16.47% 0.28 % 34,260 25.07% 14.47 % 3,634,660 27.18% 270.85 % 346,500 27.65% (17.79) % 2,350,111 14.82% 2.06 % $184,127,016 26.58% STATEMENT OF EXPENDITURES AND ENCUMBRANCES ExDenditures 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 - Oct 31 July I - Oct 31 Percentage Unencumbered 1999-2000 2000-2001 of Change Balance $3,758,726 1,601,620 14,627,355 9,305,696 7,197,855 1,765,993 1,326,166 6,924,342 14,319,738 2,159,560 $62,987,051 $3,949,586 1,861,045 14,836,213 9,846,784 6,722,252 1,776,284 1,536,032 8,453,298 15,344,316 3,616,678 $67,942,488 Current Fiscal Year Percent of Revised Budget Appropriations Obligated 5.08 % $8,202,403 $12,151,989 32.50% 16.20 % 4,449,626 6,310,671 29.49% 1.43 % 29,848,711 44,684,924 33.20% 5.81% 14,014,797 23,861,581 41.27% (6.61) % 20,359,116 27,081,368 24.82% 0.58 % 2,830,906 4,607,190 38.55% 15.83 % 2,396,238 3,932,270 39.06% 22.08 % 3,656,561 12,109,799 69.81% 7.16 % 29,730,288 45,074,604 34.04% 67.47 % 4,207,991 7,824,669 46.22% 7.87 % $119,696,577 $187,639,065 36.21% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period July I - Oct 31 July I - Oct 31 Percentage Revenue Source 1999-2000 2000-2001 of Change State Sales Tax $2,212,838 $2,212,454 0.02 % Grants-in-Aid Commonwealth 11,630,937 12,699,177 9.18 % Grants-in-Aid Federal Government 435,264 148,177 (65.96) % Charges for Services 524,243 543,365 3.65 % Transfer from General Fund 14,319,738 15,344,316 7.16 % Special Purpose Grants 2,805,903 5,093,905 81.54 % Total $31,928,923 $36,041,394 12.88 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $9,040,476 24.47% 42,057,082 30.20% 2,891,748 5.12% 3,526,973 15.41% 44,949,604 34.14% 4,374,563 NA $106,840,446 33.73% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Ex_Denditures Instruction General Support Transportation Operation and Maintenance of Plant Food Services Facilities Other Uses of Funds Special Purpose Grants Total Year to Date for the Period July I - Oct 31 1999-2000 $18,265,385 1,072,654 1,021,859 3,290,486 1,080,202 1,638,779 4,067,285 4,697,017 $35,133,667 July I - Oct 31 2000-2001 $17,962,668 1,286,776 906,819 3,751,100 1,046,954 1,115,029 4,980,812 4,374,563 $36,424,721 Percentage of Change (1.66) % 19.96 % (11.26) % 14.00 % (3.08) % (31.96) % 22.46 % (6.87) % 0.83 % Current Fiscal Year Unencumbered Balance $55,920,339 2,855,842 2,744,260 6,567,050 3,478,317 835,727 773,381 $73,174,916 Revised Appropriations $73,883,007 4,142,618 3,651,079 10,318,150 4,525,271 1,950,756 5,754,193 4,374,563 $108,599,637 Percent of Budget Obligated 24.31% 31.06% 24.84% 36.35% 23.14% 57.16% 86.56% NA 32,62% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31, 2000 General Government Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bridges Sanitation Projects Traffic Engineering Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $16,788,876 $6,751,454 $10,037,422 $6,247,391 2,500,000 2,500,000 14,337,307 8,290,918 6,046,389 66,331 20,794,551 14,417,216 6,377,335 295,355 4,256,145 1,366,407 2,889,738 649,369 11,658,733 7,852,854 3,805,879 2,764,738 8,501,536 4,086,022 4,415,514 404,662 26,303,594 22,097,281 4,206,313 1,956,672 2,015,011 1,100,024 914,987 481,846 4,241,660 2,849,662 1,391,998 647,801 5,649,236 5,649,236 $117,046,649 $71,311,838 $46,734,811 $13,614,165 $3,790,031 5,980,058 6,081,980 2,240,369 1,041,141 4,010,852 2,249,641 433,141 744,197 5,649,236 $32,220,646 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31, 2000 Elementary Schools Renovation Middle Schools Renovation Other Renovation Projects Technology Improvements Interest Expense Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $15,243,340 $9,421,919 13,759,294 13,679,465 4,809,905 3,864,953 2,110,219 2,110,219 262,929 293,061 1,926,271 $5,821,421 $1,163,381 $4,658,040 79,829 74,925 4,904 944,952 562,422 382,530 (30,132) 1,926,271 $38,111,968 $29,369,617 $8,742,341 $1,800,728 (3O, 132) 1,926,271 $6,941,613 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 4 MONTHS ENDING OCTOBER 31, 2000 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA- Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA Total Intergovernmental Revenue Revenue from Third Parties: Verizon - Brambleton Avenue Signals Mill Mountain Visitors Center - Private Donations Norfolk Southern - Hunter Viaduct InSystems Incorporated - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Water Fund Transfers from Sewage Fund Transfers from Management Services Fund General Obligation Bond Proceeds - Series 1999 Total Other Revenue Total FY 2001 $648,838 340,980 989,818 230,692 230,692 36,055 1,260 37,315 2,823,157 2,900 12,600 100,000 2,938,657 $4,196,482 FY 2000 $244,883 326,250 571,133 196,046 196,046 950,000 11,000 961,000 1,435,274 27,038,000 28,473,274 $30,201,453 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 2000 Operating Revenues Commercial Sales Domestic Sales Industrial Sales Town of Vinton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Rent Miscellaneous Revenue Interest and Fiscal Charges Transfer from General Fund Transfer to Capital Projects Fund Net Nonoperating Expenses Net Income FY 2001 $1,284,959 1,202,566 89,629 3,091 10,354 76,019 4,800 134,067 1,069,112 3,874,597 1,346,343 993,067 565,964 2,905,374 969,223 150,199 20,014 7,075 (375,519) (2,900) (201,131) $768,092 FY 2000 $1,091,897 1,017,556 83,822 8 097 2 812 134 003 69 268 4 505 208 417 985 333 3,605,710 1,421,057 1,368,608 565,590 3,355,255 250,455 122,996 22,374 12,558 (406,327) 25,000 (223,399) $27,056 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 2000 Operating Revenues FY 2001 FY 2000 Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services $2,576,952 $2,519,257 299,504 248,718 83,032 32,291 316,173 192,473 51,167 35,675 124,926 66,171 7,055 33,575 Total Operating Revenues 3,458,809 3,128,160 Operating Expenses Personal Services Operating Expenses Depreciation 638,270 637,499 1,765,496 1,817,308 396,823 382,648 Total Operating Expenses 2,800,589 2,837,455 658,220 290,705 Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and Fiscal Charges (1) Miscellaneous Revenue Transfer to Capital Projects Fund 136,308 147,397 (258,179) 9,941 (12,600) (134,471) 157,338 $523,749 $448,043 Net Nonoperating Revenues (Expenses) Net Income (1) Through Fiscal Year 2000, interest on the 1994 Bonds issued for the Sewage Treatment expansion was capitalized as part of the cost of the project. Because the project is now substantially complete, interest is being expensed. CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 2000 Operating Revenues Rentals Event Expenses Admissions Tax Electrical Fees Novelty Fees Facility Surcharge Facility Fees Parking Fees Commissions Catering/Concessions Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues Transfer From General Fund Interest on Investments Miscellaneous Total Nonoperating Revenues Net Loss FY 2001 $107,996 48,604 38,537 7,092 11,096 19,345 11,116 84,717 9,045 337,548 439,651 416,675 147,194 1,003,520 (665,972) 7,800 24,667 3,545 36,012 ($629,960) FY 2000 $63,380 19,706 7,965 3,655 4,192 20,265 30,747 2,494 152,404 403,219 291,703 135,988 830,910 (678,506) 18,905 498 19,403 ($659,103) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 2000 Operating Revenues Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenues Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Transfer From General Fund Interest on Investments Interest and Fiscal Charges Operating Subsidy for GRTC Miscellaneous Net Nonoperating Expenses Net Loss FY 2001 $113,808 147,187 69,963 145,640 126,961 23,468 627,027 260,122 182,331 442,453 184,574 130,000 9,408 (173,916) (226,161) 8,680 (251,989) ($67,415J FY 2000 $112,521 118,985 65,320 130,450 117,333 24,485 569,094 235,996 181,942 417,938 151,156 2,890 (180,985) (207,522) 886 (384,731) ($233,575) 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 2000 Operating Revenues FY 2001 COMMISSION (1) CONFERENCE CENTER (2) TOTAL FY 2000 Conference Center Total Operating Revenues $ $ 1,270,784 $ 1,270,784 $ 959,641 1,270,784 1,270,784 959,641 Operating Expenses Personal Services Fees for Professional Services Administrative Expenses Conference Center Total Operating Expenses 30,612 236,361 761 267,734 (267,734) 30,612 236,361 761 919,777 919,777 919,777 1,187,511 351,007 83,273 15,097 125,685 3,826 798,656 943,264 16,377 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other 87,500 87,500 16,796 87,500 87,500 16,796 (11,879) (11,879) (11,879) 179,917 339,128 263,190 63,539 215,242 $275,589 $47,948 87,500 87,500 16,530 (10,075) Net Nonoperating Revenues (Expenses) 191,796 181,455 197,832 212,032 ($14,200) Net Income (Loss) Before Depreciation (75,938) Depreciation Expense/Replacement Reserve 151,703 Net Income (Loss) ($227,641) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) 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 4 MONTHS ENDING OCTOBER 31, 2000 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperating Revenues (Expenses) Interest Revenue Transfer To Other Funds Transfer From Other Funds Net Nonoperating Revenues (Expenses} Net Income (Loss) TOTALS Department of Materials Management Fleet Risk Technology Control Services Management Management FY 2001 FY 2000 $1,225,078 $74,311 $34,145 $1,466,776 $2,745,556 $5,545,866 $4,559,605 1,225,078 74,311 34,145 1,466,776 2,745,556 5,545,866 4,559,605 659,718 38,173 9,781 427,632 63,964 1,199,268 1,105,597 436,898 5,564 15,704 354,461 2,758,276 3,570,903 3,122,377 101,608 6,250 647,762 755,620 760,216 1,198,224 43,737 31,735 1,429,855 2,822,240 5,525,791 4,988,190 26,854 30,574 2,410 36,921 (76,684) 20,075 (428,585) 84,559 101 4,815 15,829 231,423 336,727 277,767 (100,000) (100,000) 125,900 84,559 101 (95,185) 15,829 231,423 236,727 403,667 $111,413 $30,675 ($92,775) $52,750 $154,739 $256,802 ($24,918) 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OCTOBER 31,2000 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 OCTOBER 31, 2000. BALANCE AT BALANCE AT BALANCE AT FUND SEPT 30, 2000 RECEIPTS DISBURSEMENTS OCT 31, 2000 OCT 31, 1999 GENERAL $5,522,341.96 $18,720,831.74 $14,498,366.76 $9,744,806.94 $3,509,669.01 WATER 6,432,509.95 577,698.34 172,537.23 6,837,671.06 6,514,993.87 SEWAGE 6,475,463.14 2,337,947.49 1,531,704.63 7,281,706.00 8,521,554.63 CIVIC CENTER 915,821.29 137,462.07 250,969.52 802,313.84 742,704.12 ~ TRANSPORTATION 310,732.71 153,275.25 329,549.59 134,458.37 (154,596.15)I CAPITAL PROJECTS 46,134,407.77 982,789.53 1,245,895.79 45,871,301.51 62,549,854.85I CONFERENCE CENTER 773,283.72 51,144.24 10,691.50 813,736.46 987,424.38I RKE VALLEY DETENTION COMM 4,096,620.55 543,484.15 350,935.49 4,289,169.21 8,076,794.11 I DEBT SERVICE 10,821,302.55 50,562.41 0.00 10,871,864.96 11,561,013.031 DEPT OF TECHNOLOGY 4,129,874.14 170,217.26 185,441.17 4,114,650.23 4,214,837.14 MATERIALS CONTROL 32,892.49 127,517.52 130,986.43 29,423.58 (16,206.99)i MANAGEMENT SERVICES 250,109.30 39.36 95,780.53 154,368.13 238,619.16 i FLEET MANAGEMENT 570,758.31 699,729.32 136,776.59 1,133,711.04 1,837,427.99 PAYROLL (10,915,907.48) 14,162,336.86 14,631,935.66 (11,385,506.28) (6,711,014.69) RISK MANAGEMENT 11,406,367.37 477,939.18 512,068.50 11,372,238.05 10,057,571.93 HIGHER EDUCATION AUTH 0.00 0.00 0.00 0.00 7,159,329.39 PENSION 1,344,384.23 317,005.43 1,065,846.22 595,543.44 175,978.19 SCHOOL FUND 11,951,289.39 6,571,010.33 5,985,618.61 12,536,681.11 12,398,709.56 SCHOOL CAPITAL PROJECTS (2,326,804.29) 167,573.02 804,084.08 (2,963,315.35) (344,642.63) SCHOOL FOOD SERVICE (227,558.59) 246,868.88 479,425.73 (460,115.44) 0.00 FDETC 122,256.97 132,596.74 211,404.55 43,449.16 144,834.48 GRANT 600,339.53 479,060.03 441,211.72 638,187.84 1,208,357.98 TOTAL $98,420,485.01 $47,107,089.15 $43 071~230.30 $102~456,343.86 $132,673,213.36 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 OCTOBER 31,2000. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL HIGH PERFORMANCE MONEY MARKET COMMERCIAL PAPER FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL REPURCHASE AGREEMENTS STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $23,717.50 1,111,684.18 2,633,000.00 11,466,714.32 15,922,984.73 4,998,500.00 15,796,682.35 19,000,000.00 3,511,392.86 27,991,667.92 $102,456,343.86 DATE: NOVEMBER 9, 2000 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE FOUR MONTHS ENDING OCTOBER 31, 2000 Revenue Contributions Investment Income Net Appreciation in Fair Value of Investments Bond Discount Amortization Total Revenue FY 2001 $1,262,075 1,619,746 (1,373,253) 18,543 $1,527,111 FY 2000 $1,360,426 1,143,331 (5,158,272) 12,235 ($2,642,280) Ex_~enses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Gain (Loss) $4,145,511 1,099 40,729 7,504 87,291 4,282,134 ($2,755,023) $3,761,627 48,826 52,833 3,604 60,261 3,927,151 ($6,569,431) 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET OCTOBER 31, 2000 Assets Cash Investments, at Fair Value Due from Other Funds Other Assets Total Assets FY 2001 $595,310 348,636,826 2,850 5,097 $349,240,083 FY 2000 $175,792 337,258,379 14,923 18,000 $337,467,094 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Gain (Loss) - Year to Date Total Fund Balance Total Liabilities and Fund Balance $1,064,306 1,655 1,065,961 350,929,145 (2,755,023) 348,174,122 $349,240,083 $962,382 2,126 964,508 343,072,017 (6,569,431) 336,502,586 $337,467,094 14 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #25-60-247 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35163-120400 amending and reordaining certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, providing for appropriation of $8 million to the Hotel Roanoke Conference Center Commission, transferring certain funds to reflect changes necessitated by the change in events at the Hotel Roanoke Conference Center, and an $8 million revenue estimate for receipt of proceeds from the settlement in connection with damages for alleged workmanship problems in the construction of the Hotel Roanoke Conference Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Barry L. Key, Director, Department of Management and Budget Deborah J. Moses, Executive Director, Hotel Roanoke Conference Center Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of December, 2000. No. 35163-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Hotel Roanoke Conference Center Commission Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A~Dro~3riations Capital Outlay $ 7,000,000 Hotel Roanoke Conference Center Commission Repair Facility Project (1-2) .............................................. 7,000,000 Hotel Roanoke Conference Center Commission Capitalized Interest (3) ............................................... -O- Revenues Nonoperating Hotel Roanoke Conference Center Commission Settlement (4) ........ 1 ) Fees for Professional Services (010-320-9510-2010) 2) Administration and Engineering Fees 3) Capitalized Interest Expense 4) Proceeds from Hotel Roanoke Conference Center Settlement (010-320-9510-9055) (010-320-9511-9062) (010-110-1234-1270) 546,218 208,782 (755,000) 8,000,000 $ 8,350,000 8,000,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGIN1A 24011-1594 TELEPHONE: (540) 853-2444 FAX: 1540) 853-1145 December 5, 2000 John H. Parrott, Chair Hotel Roanoke Conference Center Commission Post Office Box 1628 Roanoke, Virginia 24008 Deborah J. Moses, Executive Director Hotel Roanoke Conference Center Commission 110 Shenandoah Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Parrott and Ms. Moses: On behalf of the Members of the Roanoke City Council, I would like to convey sincere appreciation for the role you played in reaching a settlement of $8 million in connection with alleged workmanship problems in the construction of the Hotel Roanoke Conference Center. I know that each of you went above and beyond the call of duty to insure the best interest of the City of Roanoke was protected. With best wishes for a happy and joyous holiday season, I am Ralph K. Smith Mayor RKS:jj pc: The Honorable Vice-Mayor and Members of the Roanoke City Council Darlene L. Burcham, City Manager James D. Grisso, Director of Finance flote] Roanoke Conference Cente ' Commiss o John H. Parrott, Chairman Minnis E. Ridenour, Vice Chairman Raymond D. Smoot, Jr., Secretary James D. Grisso, Treasurer James D. Ritchie C. Clark Jones Deborah J. Moses, Director December 4, 2000 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member SUBJECT: Appropriation of $8 million to the Hotel Roanoke Conference Center Commission Dear Mayor Smith and Members of City Council' Background: The Hotel Roanoke Conference Center Commission ( the "Commission") was created by the Virginia General Assembly pursuant to Chapter 440 of the 1991 Acts of the Commonwealth of Virginia for the purpose of constructing, building and maintaining the Conference Center of Roanoke. In January 1998, the Commission filed suit in the Circuit Court for the City of Roanoke seeking damages for alleged workmanship problems in the construction of the Center. Considerations: On October 2, 2000, City Council approved the Commission's FY 00-01 Capital Budget. At that time, the Commission expected to borrow $7 million through the issuance of its revenue note, Series 2000, to fund the costs to repair the Conference Center. Since that time, the Commission entered into mediation with the defendants in this case, and a settlement was reached. On November 9, 2000, the Commission voted to accept a settlement of $8 million. Funds in the amount of $8 million were made available to the Commission on November 30, 2000, thereby negating the need for the Commission to issue a revenue note to fund repairs. 215 Church Avenue, S.W., Room 364, Roanoke, Virginia 24011 (540) 853-1170 - Telephone (540) 853-1138 - Facsimile Honorable Mayor and Members of City Council December 4, 2000 Page 2 The repairs will basically remain the same, however certain budget items have now changed to reflect the change in funding of the repairs. Recommended Action(s): City Council transfer funding as reflected on the attached budget ordinance to reflect the changes necessitated by the change in events at the Hotel Roanoke Conference Center Commission as previously described. Additionally, Council adopt an $8.0 million revenue estimate for the receipt of proceeds from this settlement. A summary of adjustments to expense budgets which will accompany this is shown below: Fees for Professional Services Architectural and Engineering Fees Capitalized Interest Increase $546,218 Increase 208,782 Decrease 755,000 Respectfully submitted, Treasurer Ritchie Commissioner JDG/JDR:s Attachments C: Darlene L. Burcham, City Manager John H. Parrott, Chairman, Hotel Roanoke Conference Center Commission Deborah J. Moses, Executive Director, Hotel Roanoke Conference Center Commission William M. Hackworth, City Attorney Mary F. Parker, City Clerk Barry L. Key, Director of Management and Budget MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011-1536 lelcphone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanok¢.va.us STEPHANIE M. MOON Deputy City Clerk December 8, 2000 File #60-67-356-379 Gene Lucas, President U. S. Construction Co. 8201-C Williamson Road, N. E. Roanoke, Virginia 24019 Dear Mr. Lucas: I am enclosing copy of Resolution No. 35165-120400 accepting the bid of U. S. Construction Co., in the amount of $309,535.00, for constructing the Tinker Creek Greenway and Smith Park Riparian Plantings, upon certain terms and conditions, and awarding a contract therefor; 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 which was held on Monday, December 4, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures pc: Elizabeth H. Belcher, Greenway Coordinator, Roanoke Valley Greenways Commission, P. O. Box 29800, Roanoke, Virginia 24018 Darlene L. Burcham, City Manager Robert K. Bengtson, Director of Public Works D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer Barry L. Key, Director, Department of Management and Budget MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us December 8, 2000 File #60-67-356-379 STEPHANIE M. MOON Deputy City Clerk John W. Douthat, Vice-President, Allegheny Construction Co., Inc. Gina S. Brown, Secretary/Treasurer, D. A. Brown, Inc. M. Wayne Hylton, Jr., Vice-President, S. R. Draper Paving Co. David R. Conner, President, E. C. Pace Co., Inc. Stanley H. Puckett, President, L. H. Sawyer Paving Co., Inc. Dear Ms. Brown and Gentlemen: I am enclosing copy of Resolution No. 35165-120400 accepting the bid of U. S. Construction Co., in the amount of $309,535.00, for constructing the Tinker Creek Greenway and Smith Park Riparian Plantings, upon certain terms and conditions, and awarding a contract therefor; 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 which was held on Monday, December 4, 2000. On behalf of the Mayor and Members of Roanoke City Council, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosures 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGI2XlI& The 6th day of December, 2000. No. 35165-120600. AN ORDINANCE accepting the bid of U.S. Construction Co. of Roanoke for constructing the Tinker Creek Greenway and doing stream bank restoration with the Smith Park Riparian Plantings, upon certain terms and conditions and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of U.S. Construction Co. of Roanoke, in the amount of $309,535, for constructing the Tinker Creek Greenway and doing stream bank restoration with the Smith Park Riparian Plantings, as is more particularly set forth in the City Manager's report dated December 4, 2000, to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered the bidder, which bid is on file in the Purchasing Department, be and is hereby ACCEPTED. 2. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, the contract to be in such form as is approved by the City Attorney, and the cost of the work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF R O INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #60-67-356-379 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 35164-120400 amending and reordaining certain sections of the 2000-2001 Capital Projects Fund Appropriations, providing for the transfer of funds to construct the Tinker Creek Greenway and Smith Park Riparian Plantings. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 4, 2000. Mary F. Parker, CMC City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Director of Public Works D. Darwin Roupe, Director, General Services Philip C. Schirmer, City Engineer Barry L. Key, Director, Department of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of December, 2000. No. 35164-120400. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDHations General Government Environmental Issues - Public Works Service Center (1) ............... Settlement United States Government - Public Works Service Center (2).. Settlement State DEQ - Public Works Service Center (3-4) ............. $16,354,017 1,690,816 500,400 5,448,346 Community Development Tinker Creek Greenway (5-6) .................................... Stream Bank Restoration - Smith Park Riparian Plantings (7-8) ......... $ 4,598,645 250,000 92,500 1) Stream Bank Restoration 2) Greenways 3) Greenways 4) Stream Bank Restoration 5) Appropriated from State - Greenway 6) Appropriated from US Government- Greenway 7) Appropriated from General Revenue 8) Appropriated from State - Stream Bank Restoration (008-052-9670-9216) (008-052-9672-9213) (008-052 -9681-9213) (008-052-9681-9216) (008-530-9682-9133) (008-530-9682-9134) (008-530-9684-9003) (008-530-9684-9135) (17,500) (100,000) (150,000) (75,000) 150,000 100,000 17,500 75,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report December 4, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council' Subject: Bid Committee Report Tinker Creek Greenway and Smith Park Riparian Plantings for Stream Bank Restoration Bid No. 00-05-59 Background: The plan for this one mile section of Tinker Creek Greenway begins west of the bridge crossing Tinker Creek at Wise Avenue and ends just south of Kenwood Boulevard where the railroad crosses Tinker Creek. The trail is a 12' wide paved surface with 2' grass shoulders on each side. Parking access is provided at the beginning of the trail at Wise Avenue and at the Dale Avenue crossing. The end of the trail will be connected to the southern end of Kenwood Boulevard by a 12' wide access trail. Stream bank restoration will take place in Smith Park. Approximately 1,555 plantings composed of various grasses, shrubs, and trees will be planted in Smith Park. Considerations: Bids were opened for the Tinker Creek Greenway and Smith Park Riparian Plantings on Tuesday, October 31, 2000. Six (6) bids were received with the lowest bid of $309,535 being submitted by U.S. Construction Co. of Roanoke, 8201 Williamson Road, N.W., Suite C, Roanoke, Virginia 24019. Funding for the project is available in the following accounts: Settlement State DEQ Greenway Project for Public Works Service Center 008-052-9681-9213 $150,000 Stream Bank Restoration for Public Works Service Center 008-052-9670-9216 17,500 Settlement US Government for Public Works Service Center 008-052-9672-9213 100,000 Settlement State DEQ for Stream Bank Restoration for Public Works Service Center 008-052-9681-9216 751000 Total $342,500 Bid Committee Report Tinker Creek Greenway and Smith Park Riparian Plantings for Stream Bank Restoration Bid No. 00-05-59 December 4, 2000 Page 2 Recommended Action: Accept the bid as set forth above and authorize the City Manager to enter into a contractual agreement for the above work, in a form approved by the City Attorney, with U.S. Construction Co. of Roanoke, in the amount of $309,535 and 180 consecutive calendar days, with a project contingency of $32,965 to construct the Tinker Creek Greenway and the Smith Park Riparian Plantings. Authorize the Director of Finance to transfer $250,000 from account numbers 008-052- 9681-9213 ($150,000) and 008-052-9672-9213 ($100,000) to an account entitled "Tinker Creek Greenway" and also transfer $92,500 from account numbers 008-052-9670-9216 ($17,500) and 008-052-9681-9216 ($75,000) to an account entitled "Stream Bank Restoration - Smith Park Riparian Plantings". Respectfully submitted, William H. Carder /' W. Alvin Hudson I concur in the recommendation of the bid committee and recommend it to you for approval. City Manager DLB/CAB/bls Attachments C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance D. Darwin Roupe, Director of General Services # 00-411 ATTACHMENT 1 TABULATION OF BIDS TINKER CREEK GREENWAY AND SMITH PARK RIPARIAN PLANTINGS BID NO. 00-05-59 Bids were opened by D. Darwin Roupe, Acting Director of General Services, on Tuesday, October 31,2000, at 2:00 p.m. U.S. Construction Co. of Roanoke $309 535.00 D.A. Brown, Inc. $454 728.20 L.H. Sawyer Paving Company, Inc. $413 071.50 E.C. Pace Company, Inc. $497.750.00 Allegheny Construction Co., Inc. $628 595.00 S.R. Draper Paving Company $392 880.00 Engineering Estimate: $419,989.00 Office of the City Engineer Roanoke, Virginia December 4, 2000 TINKER CREEK GREENWAY MAP ATTACHMENT 2 FALLON PARK TINKER CREEK GREENWAY TINKER CREEK GREENWAY MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us December 8, 2000 File #514 STEPHANIE M. MOON Deputy City Clerk Mr. Scott A. Harlow Edgewood Christian Church 1006 Peck Street, N. W. Roanoke, Virginia 24017 Dear Mr. Harlow: I am enclosing copy of Ordinance No. 35150-120400 permanently vacating, discontinuing and closing an undeveloped alleyway lying between parcels of land identified as Official Tax Nos. 6090404 and 6090705, and extending north of Willis Street for an approximate distance of 70 feet and a width of approximately ten feet. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2000, also adopted by the Council on second reading on Monday, December 4, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35150-120400. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Edgewood Christian Church 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 tight-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by {}30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held on said application by the City Council on November 20, 2000, after due and timely notice thereof as required by {}30-14, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That undeveloped alleyway lying between parcels of land bearing Official Tax Nos. 6090404 and 6090705, and extending north of Willis Street for an approximate distance of seventy (70) feet and a width of approximately ten (10) feet, 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 fight-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public fight-of-way, together with the fight 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 2 impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City ofR°anoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, 3 where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FINALLY ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. ATTEST: City Clerk. H:\ORD-CLOS\O-Clo~-Edgcwood Church- I 1-20-00 Z~ The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. + ........................... EDGEWOOD CHRISTIAN CHURCH 1006 PECK STREET, NW ROANOKE VA 24017 REFERENCE: 80054157 alleyway 01547515 Willis Street State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me~s /__/__~_~__~_ day of Nover0~Rer 2000.~i~D~ss~p;F, ha~nd and official seal._~_~_.__~_~'_~___,~/ Notary Public M~ commission expires ~~ PUBLZSHED ON: 11/03 11/10 TOTAL COST: 179.10 NOTICE OF PUBUC HEAI~N~ TO WHOM IT MAY CONCD~h The Council m' 20, 2000, et ?:00 p.m., or m~y I~ I'tN~l, In P,,~k Henry High ~a~ln~ O~olal T~ Nol. ~~~(lo)~ PM1M. kl Intml~ may ~p~Mw Me/Y F. P~Wlr, C~ CW~ FILED ON: ) 11/1-?/00 ....... ~-~ .................................... + ........................... ......... AuthOrized Signature ~ Roanoke City Department of Planning and Code Enforcement i'~' ~:! ~ Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 ' ' Bcrrall.'i planning@ci.roanoke.va.us Roanoke City Council Public Hearing Item November 20, 2000 The Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from Edgewood Christian Church that an undeveloped alleyway, approximately 70 feet in length, lying between parcels of land fronting on Ward and Peck Streets, N.W., be permanently vacated, discontinued, and closed. Background: The petitioner, Edgewood Christian Church, owns and operates the church at 1006 Peck Street, N.W. The above-described alley is located adjacent to (or to the west of) the existing church building. The petitioner wants to vacate and close the proposed alley to allow for the possible expansion of its existing church building on Official Tax No. 6090404. The applicant owns all of the lots abutting the above-described alley (Official Tax Nos. 6090404, 6090705, and 6090704). Planning Commission public hearing was held on October 19, 2000. Chairman Hill opened the floor for discussion. There was no one present in the audience who spoke in support of or in opposition to the request. Planning staff recommended approval of the request. Considerations: If the subject alley is closed and vacated, as requested, title to the land within the alley and all future responsibility for the maintenance of the areas within the alley will be vested in the abutting property owners. The Comprehensive Plan recommends that: Public and private property maintenance should be encouraged through the efforts of citizens, the private sector, and voluntary (and religious) organizations. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Plans for new development in existing residential areas should be carefully designed to related well to the existing neighborhood character. City Council is authorized to sell this vacated portion of the right-of-way, if it so chooses. Section 15.-2008 of the Virginia Code (1950), as amended, authorizes a City to require an abutting property owner to purchase as a condition of a right-of-way vacation, a vacated right-of-way. The price, under such an arrangement, may be no greater than the property's fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. The Water Resources Committee is currently considering a policy for the sale of public right-of-way. It is expected that a recommendation will be forwarded to Council in the near future. Recommendation: The Planning Commission, by a vote of 7-0, recommended that City Council approve the petitioner's request to discontinue, close, and vacate subject alley, subject to the following conditions. Ao The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record the plat with the Clerk of the Circuit Court for the City of Roanoke. Said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retain appropriate easements for the installation and maintenance of any and all existing utilities that may be located within the right- of-way, including the right of ingress and egress. Upon meeting all other conditions to the granting of the application, the applicant shall deliver a certified copy of this ordinance for recordation to the Clerk of the Circuit Court of the City of Roanoke, Virginia, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees. The applicant shall pay such fees and charges as are required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. Do If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary 2 Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission Attachments cc: Assistant City Attorney Petitioner IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE , VIRGINIA APPLICATION of Edgewood Christian Church) Application For Vacating, Discontinuing and Closing of Alley Members of Council: Edgewood Christian Church applies to have alley located on Willis St., NW in the City of Roanoke, Virginia permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30,14 code of the City of Roanoke (1979), as amended. This undeveloped alleyway lies between tax par'cel #6090404 and tax parcel #6090705 extending north off of Willis St. for an approx, distance of 70 ft., and a width of approx. 10 ft. Edgewood Christian Church states that the grounds for this application are as follows: 1) Ail landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. (All properties adjoining said property to be vacated, discontinued and closed is owned by Edgewood Christian Church) 2) The property to be vacated is presently being used as part of Church parking. 3) Edgewood Christian Church desires to use the property to be vacated for possible expansion of existing Church building. Wherefore, Edgewood Christian Church respectfully requests that the above described alley, be vacated by the council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15,2-2006 and Section 30-14, Code of the City of Roanoke (1979) as amended. ' Respectfully Submitted, Edgewood Christian Church 09/06/00 Contact person: Jean Stump 986-0414 Tax Parcel ~609040 Tax Parcel #6090705 Edgewood Christian Church 1006 Peck St NW Roanoke VA 24017 Edgewood Christian Church 1006 Peck St NW Roanoke VA 24017 66.7 0 0 0 ,MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Axenuc. ,%W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: 1540) 853-2541 Fax: (540) 853-1145 E-mail: clerk,,z, ci.roanokc va.us November 6, 2000 File #514 STEPHANIE M. MOON Deput) City Clerk Mr. Scott A. Harlow Edgewood Christian Church 1006 Peck Street, N. W. Roanoke, Virginia 24017 Dear Mr. Harlow: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of Edgewood Christian Church that an undeveloped alleyway lying between parcels of land identified as Official Tax Nos. 6090404 and 6090705, and extending north of Willis Street for an approximate distance of 70 feet and a width of approximately ten feet, 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. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 540-853-2344. It will be necessary for you, or your representative, to be present at the November 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely,~ Mary . ,-,=,,xer, CMC City Clerk MFP:sm Enclosure NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMM~SION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, October 19, 2000, 1:30 p.m. or as soon as the matter may be heard, in the Emergency Operations Center Conference Room, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Edgewood Christian Church that an undeveloped alleyway, approximately 70 feet in length, lying between parcels of land fronting on Ward and Peck Streets, N.W., and identified by Official Tax Nos. 6090404 and 6090705, be permanently vacated, discontinued and closed. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, October 3 and October 10, 2000 Please bill: Edgewood Christian Church 1006 Peck Street, NW Roanoke, VA 24017 986-0414 Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall at Patrick Henry High School, located at 2102 Grandin Road, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public fight-of-way, the following public fight-of-way: That undeveloped alleyway lying between parcels of land bearing Official Tax Nos. 6090404 and 6090705, and extending north of Willis Street for an approximate distance of seventy (70) feet and a width of approximately ten (10) feet. 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 31stday of October ,2000. Mary F. Parker, City Clerk. H:'uNOTICEXN-SAC- EdgewoodChurch. 1 ! -20.-00 Please publish in _The Roanoke Times once on Friday, November 3, 2000 and Friday, November 10, 2000. Please send affidavit to: .Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011-1535 Please send bill to: Edgewood Christian Church 1006 Peck Street, N. W. Roanoke, Virginia 24017 H:L%bli¢ Hearings. OOhNovember 18,public hearing, wpd CITYOFROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 6, 2000 File #514 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; l;ees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on September 6, 2000, from Scott A. Harlow of Edgewood Christian Church, requesting that an alley extending north of Willis Street, N. W., for an approximate distance of 70 feet, be permanently vacated, discontinued and closed. ,. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:sm Enclosure Melvin L. Hill September 6, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Scott A. Harlow, Edgewood Christian Church, 1006 Peck Street, N. W., Roanoke, Virginia 24017 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner J. Thomas Tasselli, Development Review Coordinator ,.DGEWOOD CHRISTIAN CHURCH 100~ PECK STREET t?f~t~~ ROANOKE, VIRGINIA 24017 . (540) 986-0414 IN THE COUNCIL OF THE CITY OF ROANOKE , VIRGINIA IN RE: APPLICATION of Edgewood Christian Church) Application For Vacating, Discontinuing and Closing of Alley Members of Council: Edgewood Christian Church applies to have alley located on Willis St., NW in the City of Roanoke, Virginia permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.2-2006 and Section 30,14 code of the City of Roanoke (1979), as amended. This undeveloped alleyway lies between tax parcel #6090404 and tax parcel #6090705 extending north off of Willis St. for an approx, distance of 70 ft., and a width of approx. 10 ft. Edgewood Christian Church states that the grounds for this application are as follows: 1) Ail landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. (All properties adjoining said property to be vacated, discontinued and closed is owned by Edgewood Christian Church) 2) The property to be vacated is presently being used as part of Church parking. 3) Edgewood Christian Church desires to use the property to be vacated for possible expansion of existing Church building. Wherefore, Edgewood Christian Church respectfully requests that the above described alley, be vacated by the council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15,2-2006 and Section 30-14 Code of the City of Roanoke (1979) as amended. ' , Respectfully Submitted, Edgewood Christian Church 09/06/00 Contact person: Jean Stump 986-0414 Tax Parcel #609040 Tax Parcel #6090705 Edgewood Christian Church 1006 Peck St NW Roanoke VA 24017 Edgewood Christian Church 1006 Peck St NW Roanoke VA 24017 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.manoke.va, us STEPHANIE M. MOON Deputy City Clerk December 8, 2000 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove, PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: I am enclosing copy of Ordinance No. 35151-120400 rezoning a certain tract of land located on the south side of Elm Avenue, S. E., at its intersection with 1-581, identified as Official Tax No. 4020317, from LM, Light Manufacturing District, to C-2, General Commercial District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2000, also adopted by the Council on second reading on Monday, December 4, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Messrs. William T. and John A. Bright, P. O. Box 460, Summersville, West Virginia 26651 Mr. Reid C. Henion and Ms. Alyce U. Harding, 3316 Chestnut Mountain Circle, Vinton, VA 24179 Mr. and Mrs. George Conner, 505 Dillon Drive, Vinton, Virginia 24179 Workman Oil Co., P. O. Box 566, Forest, Virginia 24551-0566 Community Hospital of Roanoke Valley, P. O. Box 12946, Roanoke, Virginia 24029 Derey Properties, LLC, 328 Mountain Avenue, S. W., Roanoke, Virginia 24016 Elm Avenue, LLC, 404 Elm Avenue, S. E., Roanoke, Virginia 24013 Commonwealth of Virginia, 427 3rd Street, S. E., Roanoke, Virginia 24013 Daniel F. Layman, Jr. December 8, 2000 Page 2 pc: Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2000. No. 35151-120600. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No.402, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, C. E. & H. M. Corporation has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufactuting District, to C-2, General Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public heating on the matter, has made its recommendation to Council; and WHEREAS, a public heating was held by City Council on said application at its meeting on November 20, 2000, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located on the south side of Elm Avenue, S.E., at its intersection with 1-581, and designated on Sheet No. 402 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4020317, be, and is hereby rezoned from LM, Light Manufacturing District, to C-2, General Commercial District, as set forth in the Petition filed in the Office of the City Clerk on September 7, 2000, and that Sheet No. 402 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-RF.Z\O-Rez-CE-HM Corp-EIm Ave-I 1-20-00 Roanoke City Department of Planning and Code Enforcement , Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 -..' ....... Email: planning@ci.roanoke.va.us ROANOKE CITY COUNCIL PUBLIC HEARING ITEM November 20, 2000 The Honorable Ralph K. Smith, Mayor and Members of Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from C. E. & H. M. Corporation, represented by Daniel F. Layman, Jr., Attorney, that property located on the south side of Elm Avenue, S. E., identified as Official Tax No. 4020317, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Background: Petition to rezone property from LM, Light Manufacturing District, to C-2, General Commercial District, was filed on September 7, 2000. No conditions are proffered as part of the rezoning request. Purpose of the rezoning request is to provide zoning conformity for the existing two commercial buildings located on the property at Elm Avenue near its intersection with I- 581, Webber Expressway. No improvements to the property are proposed at the present time. Planning Commission public hearing was held on October 19, 2000. Mr. Dan Layman presented the request. Planning staff recommended approval of the rezoning request. Chairman Hill opened the floor for discussion. Mrs. Duerk questioned whether or not the petitioners were aware of the impact that 1-73 might have on their property and Mr. Layman responded that was not a consideration in seeking rezoning of the property. There was no one present in the audience who spoke either in favor of or in opposition to the request. Considerations: Zoning of the subject property is LM, Light Manufacturing; however, land use of the property is retail commercial (pizza shop, hearing aid supplier). Surrounding zoning is primarily commercial: C-2, General Commercial District, to the immediate east and north, C-3, Central Business District, to the west, and LM, Light Manufacturing District, to the south. Surrounding land uses include retail commercial, a car wash, a hospital, a public park, and warehouses. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Currently, under the present LM District, the existing commercial uses on the subject property are considered non-conforming, grand-fathered uses. They can continue to exist provided that they are not discontinued for a period of two or more years; if they are damaged, they may be rebuilt only if they are not be destroyed by more than fifty percent of their assessed value. If the building use changes, it must be more in keeping with those uses permitted in the LM district. All of these issues present challenges and significant development issues for the property owner. Comprehensive Plan recommends that: Commercial, industrial and residential growth should be encouraged to ensure a strong and diversified economic base and employment opportunities for all citizens. Development of new or existing commercial and industrial areas should be carefully planned and designed to promote quality development and good land use. Because of the limited amount of existing industrially zoned land in Roanoke, the Comprehensive Plan and related ordinances should protect industrial areas by restricting uses to only industrial categories. Recommendation: Planning Commission, by a vote of 7-0, recommended that City Council approve the request for rezoning from LM to C-2. The subject property is located among other general commercial uses, contains existing commercial buildings and uses, and is not considered a prime industrial site. Roanoke City Planning Commission Attachment cc: Assistant City Attorney Petitioner 2 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 8, 2000 File #51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on September 7, 2000, from Daniel F. Layman, Jr., Attorney, representing C. E. and H. M. Corporation, requesting that a tract of land located on the south side of Elm Avenue, S. E., at its intersection with 1-581, identified as Official Tax No. 4020317, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure C:~vlyFilcs\Rczonings. O0\C. E. and H. M. Corporation.wpd Melvin L. Hill September 8, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council. Daniel F. Layman, Jr., Woods, Rogers and Hazlegrove, PLC, P. O. Box 14125 Roanoke, Virginia 24038-4125 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator ~"l~lartha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner C:~,,lyFiles\Rezonings. O0\C. E. and H. M. Corporation.wpd VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: Rezoning of a Tract of Land ) Located on the South Side of ) Elm Avenue, SE, bearing City ) Of Roanoke Official Tax No. ) 4020317, from LM to C-2 ) PETITION TO REZONE OF C. E. & H. M. CORPORATION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: (1) Petitioner C. E. & H. M. Corporation is the owner of a tract of land in the City of Roanoke located on the south side of Elm Avenue, SE, at its intersection with Interstate Route 581, bearing City of Roanoke Official Tax No. 4020317. A portion of City Appraisal Map 402 and a 1986 plat of survey showing this parcel are attached to this petition as Exhibits A1 and A2. (2) This parcel is presently zoned LM, Light Manufacturing District. (3) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, petitioner requests that the above-described parcel be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. This change would conform the zoning classification'of this property to its present usesa hearing aid sales office and a pizza shop-and make its zoning consistent with the zoning of the properties to its immediate south, east and north. Fronting as it does on a major thoroughfare at an intersection which is entirely commercial on both sides of Elm Avenue, this property is much more suited to commercial than to industrial zoning, its present classification being apparently a hangover from a use which predated the eonsixuction of Interstate Route 581. No change in the existing use or improvements is contemplated at this time. RKE# 0659061.WPD (4) Petitioner believes that the requested rezoning would accomplish the goals and purposes of the City's Comprehensive Plan by conforming zoning classification to longstanding use in an area which has become firmly commercial. (5) Attached to this petition as Exhibit B is a list of the names and addresses of the owners of all lots immediately adjacent to or across a street from the property to be rezoned, together with the Official Tax Number of each lot. WHEREFORE, petitioner requests that the parcel bearing City of Roanoke Official Tax No. 4020317 be rezoned from LM to C-2, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this '7~t-- day of ~ 2000. C. E. & H. M. CORPORATION Its President Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038-4125 (703) 983-7653 Of Counsel for the Petitioner RKE# 0659061 .WPD ~- .L3'aU.LS EXHIBIT B Petition of C. E. & H. M. Corporation Adjacent Property Owners Tax Number 4021001 4020423 4020406 4020401 4020101 4013416 4013417 4013420 Owner William T. and John A. Bright P. O. Box 460 Summersville, WV 26651-0460 Reid C. Henion and Alyce U. Harding 3316 Chestnut Mountain Circle Vimon, VA 24179-1706 George W. and Mary A. Conner 505 Dillon Drive Vinton, VA 24179-2846 Workman Oil Company P. O. Box 566 Forest, VA 24551-0566 Community HospitalofRoanoke Vflley P. O. Box 12946 Roanoke, VA24029-2946 Derey Properties, LLC 328 Mountain Avenue, S.W. Roanoke, VA 24016-4004 Derey Properties, LLC 328 Mountain Avenue, S.W. Roanoke, VA 240164004 Derey Properties, LLC 328 Mountain Avenue, S.W. Roanoke, VA 24016-4004 RKE# 0659061 .WPD 3 4013519 4013320 4013319 Elm Avenue, LLC 404 Elm Avenue, S.E. Roanoke, VA 24013-1726 Commonwealth of Virginia 427 3ra Street, S.E. Roanoke, VA 24013-1468 Commonwealth of Virginia 427 3ra Street, S.E. Roanoke, VA 24013-1468 4013318 4013317 Commonwealth of Virginia 427 3'a Street, S.E. Roanoke, VA 24013-1468 Commonwealth of Virginia 427 3~ Street, S.E. Roanoke, VA 24013-1468 RKE# 0659061.WPD 4 ,,.,, I / · .,~.---.,.~- 1~ ~ ,,,/,-','. ¢ ,_. & . -: -- '---:l:l .~' , · 'o _ _' ,~'t,,o,,,,~ ..,,... t.! I . ~ k '"'"' ~ .~- -'"~"-- '~ -'~'~ / ' I " I / "'~ SURVE:Y FOR r I H[NtIY CI:NTIFY THAT TNI~ VIRGINIA ! SeAl. t: fL' ' ..~ 0 ' . / ,~*T 9~' ~K~v.~y m ¢onn[cc BY T. P. PARKER & SON o^T[: /~'~" $,/~'~'a.. j.Y:~ ,.~.,::,,,,. :?,:r::o., ....,,..,~.,,,,,~,'-,,, .. MARY F. PARKER. CMC CiW Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 lelephone: (540) 85'~-2541 Fax: (540) 85'~-1145 E-mail: clerk:~,~ ci.roanoke.vat~s STEPH S, NIE M. MOON Deputy' City Clerk November 6, 2000 File #51 Daniel F. Layman, Jr., Attorney Woods, Rogers and Hazlegrove, PLC P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Layman: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of C. E. and H. M. Corporation that a tract of land located on the south side of Elm Avenue, S. E., at its intersection with 1-581, identified as Official Tax No. 4020317, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 540-853-2344. It will be necessary for you, or your representative, to be present at the November 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. ary . arker, CMC City Clerk MFP:sm Enclosure MARY F. PARKER. CMC Cit3.' Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church ,.'\x enuc. S.\\'.. Room 456 Roanoke. Virginia 24011-1536 '['clephon¢: t540) 853-2541 Fax: (540) 853-1145 E-mail: clerk ~, ci.roanoke,x a. us November 6, 2000 File #51 STEPIL~,NIE M. MOON Deput3 City Clerk Mr. William T. Bright Mr. Reid C. Henion Mr. and Mrs. George Conner Community Hospital of Roanoke Valley Elm Avenue, LLC Mr. John A. Bright Ms. Alyce U. Harding Workman Oil Co. Derey Properties, LLC Commonwealth of Virginia Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall, Patrick Henry High School, 2102 Grandin Road, S. W., on the request of C. E. and H. M. Corporation that a tract of land located on the south side of Elm Avenue, S. E., at its intersection with 1-581, identified as Official Tax No. 4020317, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 540-853-2541 if you would like to receive a copy of the report. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 540-853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times DANIEL F. LAYMAN, JR P. O. BOX 14125 ROANOKE VA 24038 REFERENCE: 80038338 01547486 State of Virginia City of Roanoke 4020317 Elm Ave. I-581 I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. ~ Sworn and subscribed before me this / day of Novem~r 200~. ~tn~p m2~a~n~nd official seal. ~~_~___~7~~~_~__, Notary Public My commission expires ~~~/ PUBLISHED ON: 11/03 11/10 TOTAL COST: 167.16 11~/~/00 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall at Patrick Henry High School, located at 2102 Grandin Road, S.W., on the question of rezoning from LM, Light Manufacturing District, to C-2, General Commercial District, the following property: That certain tract of land located on the south side of Elm Avenue, S.E., at its intersection with 1-581, bearing Official Tax No. 4020317. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. and be heard on the question. GIVEN under my hand this ~ All parties in interest may appear on the above date 31stday of October ,2000. Mary F. Parker, City Clerk. H:LNOTICEXN-Rcz-CE HM Corp - EImAv¢-I 1-20-00 Please publish in The Roanoke Times once on Friday, November 3, 2000 and Friday, November 10, 2000. - Please send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011-1535 Please send bill to: Daniel F. Layman, Jr., Esquir~ Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, Virginia 24038-4125 H:~X)ublic Hearings.00~,Novembar 18.public hea~ng.wpd NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING ~S~ N TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, October 19, 2000, 1:30 p.m. or as soon as the matter may be heard, in the Emergency Operations Center Conference Room, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, $.W., to consider the following: Request from C. E. & H. M. Corporation, represented by Daniel F. Layman, Jr., Attorney, that property located on the south side of Elm Avenue, S.E., identified by Official Tax No. 4020317, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, October 3 and October 10, 2000 Please bill: Daniel F. Layman, Jr., Esquire Woods, Rogers and Hazlegrove P. O. Box 14125 Roanoke, VA 24038-4125 Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: ~ ': ~ :' CE & HM Corporation for property on south side of'~n ~ge~:i~, ff~Jl~.il 3 )AFFIDAVIT Official Tax No. 4020317, from LM to C-2 ) COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of September, 2000, notices of a public heating to be held on the 19th day of October, 2000, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 4021001 William T. and John A. Bright P. O. Box 460 Summersville, WV 26651 4020423 Reid C. Henion and Alyce U. Harding 3316 Chestnut Mountain Cr. Vinton, VA 24179 4020406 George and Mary Conner 505 Dillon Drive Vinton, VA 24179 4020401 Workman Oil Co. P. O. Box 566 Forest, VA 24551-0566 4020101 4013416 4013417 4013420 Community Hospital of Rke. Valley Derey Properties, LLC P. O. Box 12946 Roanoke, VA24029 328Mountain Avenue, SW Roanoke, VA24016 4013519 Elm Avenue, LLC 404 Elm Avenue, SE Roanoke, VA 24013 4013320 4013319 4013318 4O13317 Commonwealth of VA Martha Pace Franklin 427 3rd Street, SE Ronaoke, VA 24013 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 2000. Notary Public My Commission expires:~~6_ ~ ) ~'~ CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 8, 2000 File #51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on September 7, 2000, from Daniel F. Layman, Jr., Attorney, representing C. E. and H. M. Corporation, requesting that a tract of land located on the south side 'of Elm Avenue, S. E., at its intersection with 1-581, identified as Official Tax No. 4020317, be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure C:kMyFileskRezonings.O0\C. E. and H. M. Corporation.wpd Melvin L. Hill September 8, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Daniel F. Layman, Jr., Woods, Rogers and Hazlegrove, PLC, P. O. Box 14125 Roanoke, virginia 24038-4125 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner C:~MyFiles\Rezonings.O0\C. E. and H. M. Corporation.wpd VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE In re: Rezoning of a Tract of Land ) Located on the South Side of ) Elm Avenue, SE, bearing City ) Of Roanoke Official Tax No. ) 4020317, from LM to C-2 ) PETITION TO REZONE OF C. E. & H. M. CORPORATION TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: (1) Petitioner C. E. & H. M. Corporation is the owner of a tract of land in the City of Roanoke located on the south side of Elm Avenue, SE, at its intersection with Interstate Route 581, bearing City of Roanoke Official Tax No. 4020317. A portion of City Appraisal Map 402 and a 1986 plat of survey showing this parcel are attached to this petition as Exhibits A1 and A2. (2) This parcel is presently zoned LM, Light Manufacturing District. (3) Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, petitioner requests that the above-described parcel be rezoned from LM, Light Manufacturing District, to C-2, General Commercial District. This change would conform the zoning classification of this property to its present uses-a hearing aid sales office and a pizza shop-and make its zoning consistent with the zoning of the properties to its immediate south, east and north. Fronting as it does on a major thoroughfare at an intersection which is entirely commercial on both sides of Elm Avenue, this property is much more suited to commercial than to industrial zoning, its present classification being apparently a hangover from a use which predated the construction of Interstate Route 581. No change in the existing use or improvements is contemplated at this time. RKE# 0659061 .WPD (4) Petitioner believes that the requested rezoning would accomplish the goals and purposes of the City's Comprehensive Plan by conforming zoning classification to longstanding use in an area which has become firmly commercial. (5) Attached to this petition as Exhibit B is a list of the names and addresses of the owners of all lots immediately adjacent to or across a street from the property to be rezoned, together with the Official Tax Number of each lot. WHEREFORE, petitioner requests that the parcel bearing City of Roanoke Official Tax No. 4020317 be rezoned from LM to C-2, in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this '7~t- day of A-ugu~, 2000. C. E. & H. M. CORPORATION Its President ~r Daniel F. Layman, Jr. Woods, Rogers & Hazlegrove, P.L.C. P. O. Box 14125 Roanoke, VA 24038-4125 (703) 983-7653 Of Counsel for the Petitioner RKE# 0659061 .WPD .L33~1~.S all S~': EXHIBIT B Petition of C. E. & H. M. Corporation Adjacent Property Owners Tax Number 4021001 4020423 4020406 4020401 4020101 4013416 4013417 4013420 Owner William T. and John A. Bright P. O. Box 460 Summersville, WV 26651-0460 Reid C. Henion and Alyce U. Harding 3316 Chestnut Mountain Circle Vinton, VA 24179-1706 George W. and Mary A. Conner 505 Dillon Drive Vinton, VA 24179-2846 Workman Oil Company P. O. Box 566 Forest, VA 24551-0566 Community HospitalofRoanoke Valley P. O. Box 12946 Roanoke, VA24029-2946 Derey Properties, LLC 328MountainAvenue, S.W. Roanoke, VA24016-4004 Derey Properties, LLC 328 Mountain Avenue, S.W. Roanoke, VA 24016-4004 Derey Properties, LLC 328 Mountain Avenue, S.W. Roanoke, VA 24016-4004 RKE# 0659061 .WPD 'i 4013519 4013320 4013319 Elm Avenue, LLC 404 Elm Avenue, S.E. Roanoke, VA24013-1726 Commonwealth of Virginia 427 3rd Street, S.E. Roanoke, VA 24013-1468 Commonwealth of Virginia 427 3ra Street, S.E. Roanoke, VA 24013-1468 4013318 4013317 Commonwealth of Virginia 427 3rd Street, S.E. Roanoke, VA 24013-1468 Commonwealth of Virginia 427 3~a Street, S.E. Roanoke, VA 24013-1468 RKE# 0659061.WPD S~W~Y ~,~// --- ~iBO'- ~tS'- SURVEY FOR O i~ O. 6~ /l(.e'£ T~qRCT-- r/TY ~pp~o. A/~. 4~Z'0~17 I HEREBY CERTIFY THAT THIS FLAT OF .~:I~V~ I$ {;;ORRECT. CERTIFIED LAND BURVEYC~R VIRGINIA nY T. P. PARKER & SON ENGINEERS & SURVEYORS SALEM VIRGINIA MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va, us STEPHAN1E M. MOON Deputy City Clerk December 8, 2000 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Agee and Kidd P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 35152-120400 amending certian proffered conditions relating to a 23.571-acre portion of Official Tax No. 1290107, and to substitute new proffered conditions upon that certain tract of land containing 23.571-acres, more or less, of those six tracts of land containing 60.53 acres, located between 1-581 and Franklin Road, S. W., being a portion of property identified as Official Tax No. 1290107. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2000, also adopted by the Council on second reading on Monday, December 4, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc~ Triangle Developers, Inc., 4520 Old Cave Spring Road, Roanoke, Virginia 24018 Southwood of Roanoke Community, Inc., 327 Hershberger Road, N. W., Roanoke, Virginia 24012 Retirement Community, Inc., c/o Friendship Manor, 327 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Ronald Flint, 3026 Roberts Road, S. W., Roanoke, Virginia 24014 Roanoke Associates, cio Mr. Gilbert Butler, Jr., P. O. Box 2152, Roanoke, Virginia 24009 Roanoke Associates, cio Valley Management, Inc., P. O. Box 5365, Roanoke, Virginia 24012 Edward A. Natt, Attorney December 8, 2000 Page 2 pc: John P. Dilauro, 4528 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Gordon Shapiro, 3301 Kingsbury Circle, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Burt Murdock, 3314 Kingsbury Circle, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Dennis Cronk, 3310 Kingsbury Circle, S. W., Roanoke, Virginia 24018 Mr. Chester F. Lang and Mr. Robert H. Walter, 3306 Kingsbury Circle, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Bill Bridger, 3302 Kingsbury Circle, S. W., Roanoke, Virginia 24018 Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 Darlene L. Burcham, City Manager Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Philip C. Schirmer, City Engineer Sarah E. Fitton, Engineering Coordinator Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of December, 2000. No. 35152-120400. AN ORDINANCE to amend {}{}36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and sheet No. 129, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally zoned C-l, Office District. WHEREAS, Boone, Boone and Loeb, Inc., filed an application to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land containing 23.571-acres, more or less, lying between 1-581 and Franklin Road, S.W.. being a portion of a larger parcel designated as Official Tax No. 1290107, which property was previously conditionally rezoned by the adoption of Ordinance No. 34406-080299 adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995. 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 November 20, 2000, 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, amendment; and WHEREAS, this Council, after recommendation made to the Council both for and against the proposed considering the atbresaid application, the 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 a tract of land containing 23.571-acres, more or less, lying between 1-581 and Franklin Road, S.W., and being a portion of a larger parcel designated as Official Tax No. 1290107, and the matters presented at the public hearing, 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 No. 129 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Second Amended Petition to Amend Proffers filed in the City Clerk's Office on November 9, 2000, and as set forth in the report of the Planning Commission dated November 20, 2000, and that Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, be amended to reflect the changes in the proffered condition. ATTEST: City Clerk. H:\TEMP\OAP-BOONE- I 1-20-00 Roanoke City Council Public Hearing Item Roanoke City Department of Planning and Code Enforcement .'~!~,.~ ~ ~ Room 166, Municipal Building = ...... 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 _.~ ,., :, ,,:.Ernail: planning@ci.roanoke.va.us November 20, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Members of City Council: Subject: Request of Boone, Boone and Loeb, Inc., to amend proffered conditions contained in Ordinance Nos. 34406-080299 and 32777- 121895 with respect to Tax Map Number 1290107, as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W. Background: In December, 1995, under Ordinance No. 32777-121895, a 60.53 acre parcel was rezoned from RS-2 and RS-3, Residential Single Family Districts, and C-2, General Commercial District, to RPUD, Residential Planned Unit Development District (52.83 acres) and C-2, General Commercial District (7.70 acres), with proffered conditions. The conditions of the rezoning provided for the development of a combination of commercial and residential uses, including 79 single family homes, 41 townhouses, 96 condominium units, and offices, a fitness center, and a medical care facility to be developed in three or more phases. The proffers accepted by City Council under Ordinance No. 32777-121895 relate to a proffered site plan, on-street parking on streets less than 30-feet in width, on-site signage, the filing of comprehensive development plans, and access to the site from Roberts Road being limited to emergency vehicles, construction traffic and owners of existing occupied dwellings which have not been displaced by the new construction. In August, 1999, the original proffered conditions for most, but not all, of the 60.53 acres were amended by Ordinance Nos. 34406-080299 and 34407-080299. By Ordinance No. 34406-080299, City Council accepted a new proffered plan. The new plan reduced the area of commercial acreage and increased the area of RPU D acreage for the construction of six (6) additional townhouses. The remainder of the proffers accepted by City Council in 1995 by Ordinance No. 34406-080299 are essentially the same as those which it accepted in 1995. Ordinance 34407-080299 dealt specifically with the development of a 4.3 acres parcel, which is not affected by the present rezoning request. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The current request is to revise the proffers accepted by City Council by Ordinance Nos. 32777-121895 and 34406-080299. The purpose of the request is to provide for the construction of 65 single-family houses on the 23.571 acres in Phase 3 of the development, in lieu of townhouses and condominiums. A meeting with residents of the planned community was held on September 27, 2000. The developer discussed his proposed development plans with approximately 25 residents. Planning staff has been advised by the petitioner's attorney and by a resident, Mr. R. H. Bennett, 3326 Kingsbury Circle, that homeowners were in support of the proposed development. Planning Commission public hearing was held on October 19, 2000. Planning staff had requested that the petitioner address the height of the proposed buildings, the exterior building materials, grading of the property, provision of sidewalks, and landscaping. Mr. Ed Natt, Attorney for the petitioner, appeared before the Commission, presented the request and offered a First Amended Petition to amend proffered conditions. There was discussion of the revised proffered conditions and the development, grading, and landscaping plans. It was noted that an area between the development and 1-581 was to be left ungraded, with trees, and would be open space. Mr. Natt advised that he had met with the homeowners' association and that they were in support of the proposed request. No one spoke in opposition to the request. Planning staff recommended approval of the proposed project and the amended proffered conditions. Following the public hearing, a Second Amended Petition to Amend Proffers was filed on November 9, 2000. The new proffered conditions that will affect 23.571 acres of the original 60.53 acre parcel are as follows: The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated August 31,2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. o That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph I shall be retained as open space. The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31 foot height limitation. 2 The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood", prepared by Lumsden Associates, P. C. under date of October 13, 2000, submitted as Exhibit 5. Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. Replanted material shall be maintained by the property owner. On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. 8. The exterior of the residences shall be predominantly brick on all facades. 9. Driveways shall be blacktopped. 10. Sidewalks shall be installed as shown on Exhibit 4. 11. A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Considerations: The initial RPUD provided for a combination of different types of residential uses. Plans approved for Phase 1 and Phase 2 consisted of single-family detached dwellings. Phase 3 was proposed to be for townhouse and condominium development. RPUD zoning also provided for innovative development of the property to achieve a more desirable living environment by allowing greater flexibility in the application of development standards such as density, setbacks, lot frontage and coverage, public streets, etc. Acceptance of the Second Amended Petition will result in primarily a single-family residential development constructed using flexible development standards. Commercial development with six townhouses are still proposed for a 4.3 acre portion of the 60.53 acre tract. Comprehensive Plan recommends that: Neighborhood character and environmental quality should be protected and designed to conserve and enhance neighborhood quality. New housing and housing types should be encouraged to respond to current needs and trends. New housing development in existing residential areas should be carefully designed to relate well to the existing neighborhood character. Environmental and design amenities that enhance neighborhood livability should be encouraged in all neighborhoods. Recommendation: The Planning Commission, by a vote of 6-0-1 (Mr. Butler abstaining), recommended that City Council approve the applicant's request to amend the proffered conditions as set forth in the Second Amended Petition for the 23.571 acre portion of Official Tax Number 1290107. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission attachment CC: City Manager City Attorney Assistant City Attorney Mr. Ed Natt, Esquire 4 ;TERHOUDT, F£RGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 2401B-I699 SECOND AMENDED PETITIONTOAMENDPROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained in Ordinance No. 34406-080299 and Ordinance No. 32777-121895 with respect to Tax Map No. 1290107 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. Ordinance No. 34406-080299 and Ordinance No. 32777-121895 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Retirement Community, Inc., owns land in the City of Roanoke originally containing 60.53 acres, more or less, which parcel was comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Map No. 1290107, and zoned RPUD, Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. The Petitioner, Boone, Boone and Loeb, Inc. is the contract purchaser for 23.571 acres of said parcel identified as a part of Tax Map 1290107. A map of the 23.571 acres is attached here to as Exhibit 1 and a metes and bounds description is attached hereto as Exhibit 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with Ordinance No. 34406-080299 and Ordinance No. 32777-121895 be amended as hereinafter set out. The Petitioners believe that the amendment of the Proffers relating to said property will enable the development of the property in an appropriate manner. G:\Users\CBaumgardner~ZONING~BooneBooneLoeb 2ND PET TO AMD PROF.doc I STERHOUDT, FERGUSDN, NATT, AGEE & KiDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24D18-1699 The Petitioners, therefore, petition the City Council to amend Ordinance No. 34406- 080299 adopted August 2, 1999, and Ordinance No. 32777-121895 adopted December 18, 1995, to provide that the proffers relating to the 23.571 acre parcel shall read as follows: The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. o That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet fi.om top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31 foot height limitation. The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood", prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. o Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. Replanted material shall be maintained by the property owner. o ° On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. The exterior of the residences shall be predominantly brick on all facades. G:\Users\CBaumgardnerkZONING\BooneBooneLoeb 2ND PET TO AMD PROF.doc 2 5TERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAw ROAN~EE, VIRGINIA 2401B-16~9 9. Driveways shall be blacktopped. 10. Sidewalks shall be installed as shown on Exhibit 4. 11. A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Attached as Exhibit 6 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 5- day of AJ Respectfully submitted, BOONE, BOONE AND LOEB, INC. Of Counsel ~O~~ LOEB' INC' ~, President RETIREME ~/'~i' COM/MUNITY, INC. . // /Owner ,2000. G:\Users\CBaumgardner~ZONING\BooneBooneLocb 2ND PET TO AMD PROF.doc 3 ' ~ ;~1¢ ;~ ~ ~ / ~Z~ .;-~-- ~/ ~ ~ ~ I 1 I' Description BEGIlqNIlqG at ~ point on the westerly side of Kingsbury Lane at the northeast comer of the property of Roanoke Associates (D.B. 1355, Pg. 478 - Tax Map No. 1290134); thence leaving Kingsburg Lane N. 46° 08' 08" W. 887.81 feet to a point on the easterly right-of-way of U. S. Route 220; thence with the same N. 15° 31' 50" E. 128.68 feet; thence with a curved line to the right having a chord bearing and distance of N. 46° 04' 30" E. 395.40 feet, a distance of 396.73 feet to a point; thence N. 54° 29' 48" E. 693.26 feet to a point; thence leaving the easterly right-of-way of U. S. Route 220, S. 46° 47' 47" E. 613.82 feet to a point; thence S. 22° 15' 34" W. 577.15 feet to a point; thence S. 23° 00' 46" W. 50.00 feet to a point; thence with a curved line having a chord bearing distance of lq. 66° 35' 13" W. 4.54 feet, a length of 4.54 feet; thence continuing with the curved line having a chord bearing and distance ofN. 01° 59' 13" W. 21.61 feet, a length of 26.89 feet to a point; thence S. 62© 12' 47" W. 154.11 feet; thence with a curved line having a chord bearing and distance of S. 80° 12' 39" W. 16.97 feet, a length of 17.04 feet; thence contin~ir~g with the curved line having a chord bearing and distance of S. 53° 12' 41" W. 50.71 feet, a length of 51.54 feet; thence coutinuing with a curved line having a chord bearing and distance of N. 53° 12' 41' E. 40.94 feet, a distance of 41.60 feet; thence continuing with a curved line having a chord bearing and distance of S. 49° 45' W. 192.09 feet, a distance of 196.57 feet; thence S. 25° 30' 00" W. 108.80 feet to a point; thence continuing with a curved hne having a chord bearing and distance of N. 36° 25' 30" E. 48.26 feet, a length of 48.41 feet to the point and place of BEGINN]]qG, and containing 23.571 acres and designated as New Tract 3A on the "Plat Showing the Property of Retirement Community, Inc.," prepared by Lumsden Associates, P.C. under date of August 9, 2000. LEGAL.doc · EXHIBIT o TOTAL P.08 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times .................................................. EDWARD A NATT, ATTOR PO BOX 20068 ROANOKE VA 24018 REFERENCE: 80022015 01548551 franklin 581 State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. /7~ Sworn and subscribed before me this day of Nove~kber 2000~ W~t~e~s,-~y/~nd and official s e a 1. ~J~_~~~ ...... No t a r y Pub l i c My commission expires ~~~L PUBLISh[ED ON: 11/04 11/10 TOTAL COST: 191.04 ~.B?%-l~e ixnkm M OfflMM TM No. ~eQ%0?, end tutlnl new ~ oonc#. tlonl, upon tho fo#owlnl oontllnlnl 80.81 morol~ IooM~l I)otwefl 1.88:~ Fmnklin Rmid, lind t)Mlll Il I~- Tex N~ iMe fw imW~ Ine~eMIon In t~ 4Be, MunloiNI luMn& Hi MMy & PMtW, ~ ~ 11/1~Xoo . ......... .............................................. ~ut/ho~i z edJS lgnature ~ NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Governor's School Lecture Hall at Patrick Henry High School, located at 2102 Grandin Road, S.W., on the question of amending proffered conditions which relate to a 23.571-acre portion of Official Tax No. 1290107, and substituting new proffered conditions, upon the following property: That certain tract of land containing 23.571-acres, more or less, of those six tracts of land containing 60.53 acres, located between 1-581 and Franklin Road, and being a portion of property bearing Official Tax No. 1290107. 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 1st day of November ,2000. Mary F. Parker, City Clerk. N:\CASH~NOTICE~IAP-Boone- 11-20-00 Please publish in The Roanoke Times once on Friday, November 3, 2000 and Friday, November 10, 2000. _ Please send affidavit to: Mary F. Parker, City Clerk 215 Church Avenue, S. W. Roanoke, Virginia 24011-1535 Please send bill to: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Agee and Kidd P. O. Box 20068 Roanoke, Virginia 24018-0007 H:~°ublic Heanngs 0Cl~qovember 18.public hearins.wpd 4 MARY F. PARKER. CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk,~aci.roanoke.va.us November 9, 2000 File #51 STEPHANIE 51. MOON Deputy' City Clerk Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on November 9, 2000, from Edward A. Natt, Attorney, representing Boone, Boone and Loeb, Inc., to amend proffered conditions contained in Ordinance Nos. 34406-080299 and 32777-121895, as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Enclosure I~-~lvin L. Hill November 9, 2000 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Agee and Kidd, P. O. Box 20068, Roanoke, Virginia 24018-0007 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner CHARLE:S H. OSTE:RHOUDT NICHAI:'L $. F'E:RGU$ON E:DWARD A. NATT G. STE:VEN AGE:E MARK D. KIDD KRISTE:N KONRAD ,JOHNSTONE: OSTE P,.HO U DT, L^'~V OFFICES FE RGLI$ON. NATT. APR. OFE$SION^L COP,.POP, ATION 1919 £LECTR. IC R.O^D. ,SUITE I P. O. BOX 20068 R. OANOKE, VI P. CIN I^ 24018-0007 November 9, 2000 AG E'E ~ KIDD~ ' 540'774- 1197 FAX NO. 540-774-0961 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained in Ordinance No. 34406-080299 and Ordinance No. 3277%121895 with respect to Tax Map No. 1290107 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. OrdinanCe No. 34406-080299 and Ordinance No. 3277%121895 Dear Mary: Enclosed please find original Second Amended Petition to Amend Proffers in the above matter which has now been signed by the appropriate parties. If you have any questions, please feel fi'ee to give me a call. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. Edward A. Natt EAN/csb Enclosure pc: Evelyn S. Lander, AICP Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 pc~ Mr. Len Boone Boone, Boone & Loeb P. O. Box 8156 Roanoke, VA 24014 DGTERHGUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-~699 SECOND AMENDED PETITION TO AMEND PROFFERS ,():j -*'~ '~'~ ;3~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained in Ordinance No. 34406-080299 and Ordinance No. 3277%121895 with respect to Tax Map No. 1290107 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. Ordinance No. 34406-080299 and Ordinance No. 3277%121895 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Retirement Community, Inc., owns land in the City of Roanoke originally containing 60.53 acres, more or less, which parcel was comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Map No. 1290107, and zoned RPUD, Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. The Petitioner, Boone, Boone and Loeb, Inc. is the contract purchaser for 23.571 acres of said parcel identified as a part of Tax Map 1290107. A map of the 23.571 acres is attached here to as Exhibit 1 and a metes and bounds description is attached hereto as Exhibit 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with Ordinance No. 34406-080299 and Ordinance No. 32777-121895 be amended as hereinafter set out. The Petitioners believe that the amendment of the Proffers relating to said property will enable the development of the property in an appropriate manner. G:\Users\CBaumgardner~ZON1NG~BooneBooneLoeb 2ND PET TO AMD PROF.doc 1 DSTERHOUDT, FERGUSDN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RDANDKE, VIRGINIA 24018-1699 The Petitioners, therefore, petition the City Council to amend Ordinance No. 34406- 080299 adopted August 2, 1999, and Ordinance No. 32777-121895 adopted December 18, 1995, to provide that the proffers relating to the 23.571 acre parcel shall read as follows: The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space. The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet from top of the floor of the first floor. Exposed basement and sub-footing heights would not be included in the 31 foot height limitation. o o The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood", prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. Replanted material shall be maintained by the property owner. o On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. The exterior of the residences shall be predominantly brick on all facades. G:\Users\CBaumgardner~ZON1NG~BooneBooneLoeb 2ND PET TO AMD PROF.doc OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VlRBINIA 24D18-1699 9. Driveways shall be blacktopped. 10. Sidewalks shall be installed as shown on Exhibit 4. 11. A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Attached as Exhibit 6 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road fi.om the property to be rezoned. WItEREFORE, the Petitioner requests that the above-described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~" day of ]k],~,s-~ Respectfully submitted, BOONE, BOONE AND LOEB, INC. Of Counsel O~AND LOEB, INC. ~V_.c. President RETIRBMEI%T COMMUNITY, INC. /~-- , ,2000. G:\Users\CBaumgardnerXZON1NGXBooneBooneLoeb 2ND PET TO AMD PROF.doc MARY F. PARKER, CMC CiD' Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.~'.. Room 456 Roanoke. Virginia 24011-153~ [elephone: [540) 853-2541 Fax. (540) 853-1145 E-mail: cicrk,~ci.roanokc va us STEPHANIE M. MOON Deputy C~ty Clerk November 3, 2000 File #51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: 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 received in the City Clerk's Office on November 2, 2000, from Edward A. Natt, Attorney, representing Boone, Boone and Loeb, Inc., to amend proffered conditions contained in Ordinance No. 34406-080299 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W. Sincerely, Mary F. ParKer, CMC City Clerk MFP:sm Enclosure 'Melvin L. Hill November 3, 2000 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, ©sterhoudt, Ferguson, Natt, Agee and Kidd, P. O. Box 20068, Roanoke, Virginia 24018-0007 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner OSTERHDUDT, FERGUBGN, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 FIRST AMENDED PETITION TO AMEND PROFFERS IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained .in Ordinance No. 34406-080299 as said proffers relate to 23.571 acres of those · " six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. Ordinance No. 34406-080299 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Retirement Community, Inc., owns land in the City of Roanoke originally containing 60.53 acres, more or less, which parcel was comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Map No. 1290107, and zoned RPUD, Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. The Petitioner, Boone, Boone and Loeb, Inc. is the contract purchaser for 23.571 acres of said parcel identified as a part of Tax Map 1290107. A map of the 23.571 acres is attached here to as Exhibit 1 and a metes and bounds description is attached hereto as Exhibit 2. Pursuant to Section 36.1-690, Code of thc City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with Ordinance No. 34406-080299 be amended as hereinafter set out. The Petitioners believe that the amendment of the Proffers relating to said property will enable the development of the property in an appropriate manner. G:\Users\CBaumgardner~ZON1NG~BooneBooneLoeb PET TO AMD PROF.doc 1 OSTERHOUOT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24fllB-1699 The Petitioners, therefore, petition the City Council to amend Ordinance No. 34406- 080299 adopted August 2, 1999 to provide that the proffers relating to the 23.571 acre parcel shall read as follows: The property will be developed in substantial conformity with the site plan entitled "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. That portion of the 23.571-acre parcel not being developed with the erection of structures or sidewalks as shown on the site plan identified in Paragraph 1 shall be retained as open space and may be conveyed to an appropriate public or private conservation agency eligible to hold title pursuant to Section 58.1-512 of the Code of Virginia, as amended. The residences constructed on the property shall not exceed 1-1/2 stories, but in no case be higher than 31 feet fi.om top of the floor of the first floor, whichever is greater. Exposed basement and sub-footing heights would not be included in the 31 foot height limitation. The grading of the property shall substantially conform with the approximate limits shown on the grading plan entitled "Proposed Grading Plan for Section No. 3, Southwood", prepared by Lumsden Associates, P.C. under date of October 13, 2000, submitted as Exhibit 5. Landscaping shall be in accordance with the plan submitted as Exhibit 4 and shall include street trees, evergreen trees and hedges. In addition, any existing tree cover on the permanent open space which is disturbed during development of the property shall be replanted with one-half white pines and one-half deciduous trees which, at the time of planting, shall be a minimum of three to four feet in height and planted on a maximum of 30-foot on center. Replanted material shall be maintained by the property owner. On-site siguage will be limited to identification signage at the main entrance and identification and directional signage within the development. G:\Users\CBaumgardner~ZONINGXBooneBooneLoeb PET TO AMD PROF.doc 2 OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RGANOKE, VIRGINIA 24018-1699 8. The exterior of the residences shall be predominantly brick on all facades. 9. Driveways shall be blacktopped. 10. Sidewalks shall be installed as shown on Exhibit 4. 11. A homeowner's association shall be established to maintain the exterior of constructed residences and the grounds. Documentation of the establishment of the Association shall be provided to the City prior to the issuance of a Certificate of Occupancy. Such association shall be responsible for the maintenance of the exterior of constructed residences and grounds in a neat and attractive condition that, at a minimum, is in keeping with the remainder of the larger planned unit development. Attached as Exhibit 6 are the names, addresses and tax numbers of the ownem of all lots or property immediately adjacent to or immediately across a street or road fi:om the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~tn.q~ ,2000. Respectfully submitted, BOONE, BOONE AND LOEB, INC. Of Counsel BOONE, BOONE AND LOEB, INC. President RETIREMENT COMMUNITY, INC. OvvTler G:\Users\CBaumgardner~ZONING\BooneBooneLoeb PET TO AMD PROF.doc 3 EXHIBIT , i4 a ,, ., = ,:- i , ,', .:~ ' - -, , ' " ,, t ll '~ ' ~,,,,,~ ~ ~ i~~ ~~~ / ~ .~t -~ .... ~- ,' // · =~.~ j~.~u~..~ I LUMSDEN~IATES, P.C. ~s~st~.uE.~ ~ ~ ..~ ~ ~-.1~ ENG[NEE~-S~YO~-P~ P.O. Box 2~9 .:,~.m~, RO~O~, VIRGINIA ~ ~RGIN~ 2~18 E~IL LU~AOL~ ~,. t EXHIBIT Legal Description BEGINNING at a point on the westerly side of Kingsbury Lane at the northeast comer of the property of Roanoke Associates (D.B. 1355, Pg. 478 - Tax Map No. 1290134); thence leaving Kingsburg Lane N. 46° 08' 08" W. 887.81 feet to a point on the easterly right-of-way of U. S. Route 220; thence with the same N. 15° 31' 50" E. 128.68 feet; thence with a curved line to the right having a chord bearing and distance of N. 46° 04' 30" E. 395.40 feet, a distance of 396.73 feet to a point; thence N. 54° 29' 48" E. 693.26 feet to a point; thence leaving the easterly right-of-way of U. S. Route 220, S. 46° 47' 47" E. 613.82 feet to a point; thence S. 22° 15' 34" W. 577.15 feet to a point; thence S. 23° 00' 46" W. 50.00 feet to a point; thence with a curved line having a chord bearing distance of N. 66° 35' 13" W. 4.54 feet, a length of 4.54 feet; thence continuing with the curved line having a chord bearing and distance ofN. 01° 59' 13" W. 21.61 feet, a length of 26.89 feet to a point; thence S. 62° 12' 47" W. 154.11 feet; thence with a curved line having a chord bearing and distance of S. 80° 12' 39" W. 16.97 feet, a length of 17.04 feet; thence continuing with the curved line having a chord bearing and distance of S. 53° 12' 41" W. 50.71 feet, a length of 51.54 feet; thence continuing with a curved line having a chord bearing and distance of N. 53° 12' 41" E. 40.94 feet, a distance of 41.60 feet; thence continuing with a curved line having a chord bearing and distance of S. 49° 45' W. 192.09 feet, a distance of 196.57 feet; thence S. 28° 30' 00" W. 108.80 feet to a point; thence continuing with a curved line having a chord bearing and distance of N. 36° 25' 30" E. 48.26 feet, a length of 48.41 feet to the point and place of BEGINNING, and containing 23.571 acres and designated as New Tract 3A on the "Plat Showing the Property of Retirement Community, Inc.," prepared by Lumsden Associates, P.C. under date of August 9, 2000. G :\Users\Cl~gardner~ZONING~BooneBooneLoeb LEGAL.doc · EXHIBIT " 3 d NOTICE OF PUBLIC HEARING BEFORE THE RO I~ KE ~}~:0~ CITY PLANNING COMI~SStOR2 TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Thursday, October 19, 2000, 1:30 p.m. or as soon as the matter may be heard, in the Emergency Operations Center Conference Room, first floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Boone, Boone and Loeb, Inc., to amend proffers contained in Ordinance Nos. 32777-121895 and 34406-080299, said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres'located between 1-518 and Franklin Road, S.W. A copy of said application is available for review in the Department of Planning and Code Enforcement, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, October 3 and October 10, 2000 Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Agee and Kidd P. O. Box 20068 Roanoke, VA 24018-0007 Send affidavit of publication to: Department of Planning and Code Enforcement Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE AMENDMENT OF PROFFERED Co~ITIONS! Boone, Boone, and Loeb for property between Franklin'l~aff ~d~? ?~tl :~3 1-581 )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of September, 2000, notices of a public hearing to be held on the 19th day of October, 2000, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailing Address 1290105 Triangle Developers, Inc. 4520 Old Cave Spring Road Roanoke, VA 24018 1290171 Southwood of Roanoke Community, Inc. 327 Hershberger Road, NW Roanoke, VA 24012 1290108 Retirement Community, Inc. c/o Friendship Manor 327 Hershberger Road, NW Roanoke, VA 24012 1290122 1290103 Commonwealth of VA c/o Municipal Building 1290129 Ronald and Judy Flint 3026 Robe, s Road, SW Roanoke, VA24014 1290133 5500114 1290135 Roanoke Associates Gilbert Butler, Jr. P. O. Box 2152 Roanoke, VA24009 1290134 Roanoke Associates Valley Management, Inc. P. O. Box 5365 Roanoke, VA24012 1290137 John P. Dilauro 4528 Williamson Road Roanoke, VA 24012 1290140 Gordon and June Shapiro 3301 Kingsbury Circle, SW RoanoKe, VA 24018 1290168 Burt and Ann Murdock 3314 Kingsbury Circle, SW Roanoke, VA 24018 1290169 Dennis and Elaine Cronk 3310 Kingsbury Circle, SW Roanoke, VA 24018 1290170 Chester F. Lang Robert H. Walter 3306 Kingsbury Circle, SW Roanoke, VA 24018 1290172 Bill and Hettie Bridger 3302 Kingsbury Circle, SW Roanoke, VA 24018 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of September, 2000. Notary Public My Commission expires: The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................... EDWARD A NATT, ATTOR PO BOX 20068 ROANOKE VA 24018 REFERENCE: 80022015 01547466 23.571 acres 581/Franklin Rd. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before m~/~is _~--1~---- day of Nove~er 2000~-~Wi~ess~ ~an~ and official seal ~~ ~ ~~_ ~_ , Notary Public My commission expires ~UBLiSHED ON: 11/03 TOTAL COST: 103.48 FILED ON: 11/1--7/00 ~_ ....... AuthOrized Signature TO ~ I1' M~Y CONCERN: Purmmnt to ~ pm~Mons of Art~cie VII of Ci~ 3e.1, Code of Um City of Rommke (1979), ~ nmonded, the Coun- cil of U~e ~ of Rormoke Mil hold o Pub#c N~M~ on Mon- ' 7.'00 p.m., m* m, ~con Ul~r~f- Immrd, In the Gov~or'$ Scho~ Lecture HMI ~t Pm~lck Homy Hi~ SChOM, iocstmd ~. 2102 Grmtdln Rood, S.W., on the conditions ~,~eted. by C~y Council In Ordinnnco No. 34406-080299, ~doptod Aul~ 2, 1999, w~ich ml~m tO n 23.571-more ~ of O~- cl~l T~ No,/290107, mod ~ tiorm, upon the' following lh-,t ce~mln tract of land m;n- tMni~ 23.571-egr~ more or contminlng e0,53 acres, Trax No. 1290107. A copy of U~ls I~OPOmal In mOil- able ~or publM in~ in the 456, Munk:ip~ B~ldk~. A, por~es In intmm~ mmy ~q~m~ CITY,. OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk September 8, 2000 File #51 Melvin L. Hill, Chairperson City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on September 7, 2000, from Edward A. Natt, Attorney, representing Boone, Boone and Loeb, Inc., to amend proffered conditions contained in Ordinance Nos. 32777-121895 and 34406-080299 as said proffers relate to a tract of land containing 23.571 acres, more or less, of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road, S. W., which were.previously rezoned pursuant to the abovereferenced measures. Mary F. Parker, CMC City Clerk MFP:sm Enclosure Melvin L. Hill September 8, 2000 Page 2 pc: The Honorable Mayor and Members of the Ro Edward A. Natt, Attorney, Osterhoud- '- anoke City Council L, r'erguson, Natt, Agee and Kidd, p. O. Box 20068, Roanoke, Virginia 24018-0007 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner CHARLES H. OSTERHOUDt MICHAEL S. FERGUSON EDWARD A. NATT (3. STEVEN AGEE MARK D. K~DD KRISTEN KONRAD JOHNSTONE OSTERHOU DT, L A'~X/ OFFICES FERGUSON, NATT. APR. OF£$SIONAL COKPOKATION 1919 ELECTRIC KOAD, SUITE I P. O. BOX 2_0068 KOANOKE, VIKGINIA 24018-0007 September 7, 2000 '00 ?::"-7 P2:4,5 TELEPHONE 540-?74-1197 FAX NO, 540-774-0961 HAND-DELIVERED Mary Parker, City Clerk 456 Mtmicipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Request of Boone, Boone and Loeb, Inc. to amend Proffers contained in Ordinance No. 32777-121895 and 34406-080299 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. 3277%121895 and Ordinance No. 34406-080299 Dear Mary: Enclosed is the original and one copy of a Petition to Amend Proffers relating to the above matter together with our finn's check in the amount of $50.00 to cover the cost of filing the same. I would appreciate your processing this request as soon as possible. If you have any questions, please feel fi:ee to give me a call. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AGEE & KIDD, P.C. Edward A. Natt EAN/csb Enclosure pc: Evelyn S. Lander, AICP Chief HAND-DELIVERED pc: Mr. Len Boone Boone Boone & Loeb, Inc. P. O. Box 8156 Roanoke, VA 24014 OSTERHDUDT, FERGUSDN, NATT, AGEE & KIDD ATTDRNEYS-AT-LAW ROANDK£, VIRGINIA 24D18-1699 :: PETITION TO AMEND PROFFERS IN THE COUNCIL OF TIlE CiTY OF ROANOKE, VIRGINIA IN RE: Request of Boone, Boone and Loeb, Inc., to amend Proffers contained in Ordinance No. 3277%121895 and 34406-080299 as said proffers relate to 23.571 acres of those six tracts of land containing 60.53 acres located between 1-581 and Franklin Road in the City of Roanoke governed by Ordinance No. 32777-121895 and Ordinance No. 34406-080299 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Retirement Community, Inc., owns land in the City of Roanoke originally containing 60.53 acres, more or less, which parcel was comprised of 52.83 acres being identified as Tax Map Nos. 1290105 and 1290171 and a portion of Tax Map No. 1290107, and zoned RPUD, Residential Planned Unit Development, subject to certain proffers, and 7.70 acres, being identified as Tax Map No. 1290108 and a portion of Tax Map No. 1290107, and zoned C-2, General Commercial District, subject to certain proffers. The Petitioner, Boone, Boone and Loeb, Inc. is the contract purchaser for 23.571 acres of said parcel identified as a part of Tax Map 1290107. A map of the 23.571 acres is attached here to as Exhibit 1 and a metes and bounds description is attached hereto as Exhibit 2. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the Proffers heretofore adopted with Ordinance No. 32777-121895 and Ordinance No. 34406-080299 be amended as hereinafter set out. The Petitioners believe that the amendment of the Proffers relating to said property will enable the development of the property in an appropriate manner. The Petitioners, therefore, petition the City Council to amend Ordinance No. 32777- G:\Users\CBaumgardner~ZONING~BooneBooneLoeb PET TO AMD PROF.doc I OSTERHDUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RDANDKE, VIRGINIA 24D1B-1699 121895 adopted December 18, 1995, and Ordinance No. 34406-080299 adopted August 2, 1999 to provide that the proffers shall read as follows: 1. The following proffers shall apply to the 23.571 acres: (a) The property will be developed in substantial conformity with the "Development Concept for Section No. 3, Southwood, Prepared for Boone, Boone and Loeb, Inc.," prepared by Lumsden and Associates, dated August 31, 2000, a copy of which is attached hereto as Exhibit 3, subject to any changes required by the City during site plan review. (b) On-street signage will be limited to identification signage at the main entrance and identification and directional signage within the development. 2. The following proffers, as heretofore adopted, shall remain in full force and effect for the balance of the 60.53 acres: (a) Except as set out above, the property will be developed in substantial conformity with the Site Plan prepared by Lumsden and Associates, dated 10/11/95, a copy of which is attached to the original Petition, with the exception of that property relating to the site plan proffered in connection with the Petition to Rezone filed by Southwood of Roanoke Community, Inc., seeking to rezone a 4.3-acre portion of Tax Map No. 1290107 from C-2 to RPUD and develop said 4.3 acres in substantial conformity with the site plan entitled "Petition to Rezone Southwood of Roanoke Community, Inc." Said site plan entitled "Petition to Rezone Southwood of Roanoke Community, Inc.," was filed and proffered with the original Petition and which was subject to any changes required by the City during site plan review. (b) No parallel on-street parking will be permitted on streets less than 30 feet in width serving residential units. G:\Users\CBaumgardner~ZONING~BooneBooneLoeb PET TO AMD PROF.doc 2 DSTERHOUDT, FERGUSON, NATT, AGEE & KIDD ATTORNEYS-AT-LAW RDANDKE, VIRGINIA 2401B-1699 (c) On-site signage will be limited to identification signage at the main entrance and identification and directional signage within the development. (d) Comprehensive development plans for each phase of development will be submitted to the Planning Commission for review and approval pursuant to Article V of the Zoning Ordinance. (e) The portion of the parcel identified as Official Tax Map No. 1290108 which is zoned C-2, General Commercial District, shall be used only for the purpose of operating a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or a group care facility subject to Section 36.1-560 of the Code of the City of Roanoke (1979), as amended. (f) Upon issuance of a Certificate of Occupancy for any use in development, access to the site fi:om the Roberts Road neighborhood shall be limited to: (i) emergency vehicles; (ii) construction traffic associated with the development; (iii) access to the existing occupied dwellings until these dwellings or residents are displayed by new construction. Attached as Exhibit 4 are the names, addresses and tax numbers of the owners of all lots or property immediately adjacent to or immediately across a street or road fi:om the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described amendment be approved in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this r/fh day of ,~]'~ rn be-r- ,2000. G:\Users\CBaumgardner~ZON1NG~BooneBooneLoeb PET TO AMD PROF.doc 3 OSTERHOUDT, FERGUSON, NATT, AEEE & KIDD ATTORNEYS-AT-LAW ROANOKE, VIRGINIA 24018-1699 Respectfully submitted, BOONE, BOONE AND LOEB, INC. -OfCounsei President IREMENT coMM~NITY, INC. Owner G:\Users\CBaumgardnerLZONING~BooneBooneLoeb PET TO AMD PROF.doc 4 EXHIBIT '~ ~1 ~ LUMSDEN A~OCIATES, P.C. ~ ENGINEE~-SUR~YO~-P~E~ P.O. sox ~s ~ cs4o~ ~-~s ............ L ROANO~, VIRGINIA EXHIBIT Legal Description BEGINNING at a point on the westerly side of Kingsbury Lane at the northeast comer of the property of Roanoke Associates (D.B. 1355, Pg. 478 - Tax Map No. 1290134); thence leaving Kingsburg Lane N. 46° 08' 08" W. 887.81 feet to a point on the easterly right-of-way of U. S. Route 220; thence with the same N. 15° 31' 50" E. 128.68 feet; thence with a curved line to the right having a chord bearing and distance of N. 46° 04' 30" E. 395.40 feet, a distance of 396.73 feet to a point; thence N. 54° 29' 48" E. 693.26 feet to a point; thence leaving the easterly right-of-way of U. S. Route 220, S. 46° 47' 47" E. 613.82 feet to a point; thence S. 22° 15' 34" W. 577.15 feet to a point; thence S. 23° 00' 46" W. 50.00 feet to a point; thence with a curved line having a chord bearing distance of N. 66° 35' 13" W. 4.54 feet, a length of 4.54 feet; thence continuing with the curved line having a chord bearing and distance ofN. 01° 59' 13" W. 21.61 feet, a length of 26.89 feet to a point; thence S. 62° 12' 47" W. 154.11 feet; thence with a curved line having a chord bearing and distance of S. 80° 12' 39" W. 16.97 feet, a length of 17.04 feet; thence continuing with the curved line having a chord bearing and distance of S. 53° 12' 41" W. 50.71 feet, a length of 51.54 feet; thence continuing with a curved line having a chord bearing and distance of N. 53° 12' 41" E. 40.94 feet, a distance of 41.60 feet; thence continuing with a curved line having a chord bearing and distance of S. 49° 45' W. 192.09 feet, a distance of 196.57 feet; thence S. 28° 30' 00" W. 108.80 feet to a point; thence continuing with a curved line having a chord bearing and distance of N. 36° 25' 30" E. 48.26 feet, a length of 48.41 feet to the point and place of BEGINNING, and containing 23.571 acres and designated as New Tract 3A on the "Plat Showing the Property of Retirement Community, Inc.," prepared by Lumsden Associates, P.C. under date of August 9, 2000. G:\Users\CBaumgardner~ZON1NG~BooneBooneLoeb LEGAL.doc EXHIBIT 0 r- oi / d ROANOKE CITY GIS Page 1 of 3 Roanoke City GIS Buffer/Adjoiner Search Adjoiners of Parcel 1290107 (21 parcels found.) 3,616,562 3,613,698 / 11,054,242 Map Width=2,864' 11,057,106 Page generated on 8/29/00 10:06:01 AM Parcel IIOwner IIInstr. No.k IlAcres HOLLANDSWORTH, DAVID G 1271614 HOLLANDSWORTH, MADDIE S 2604 WILDWOOD RD 15341337 0 SALEM, VA 24153 $OUTHWOOD OF ROANOKE 1290105 COMMUNITY, INC 327 HERSHBERGER RD NW 00001130 11.0 ROANOKE, VA 24012 FRIENDSHIP MANOR 1290107 RETIREMENT COMMUNITY 327 HERSHBERGER RD NW 15321302 31.0 ROANOKE, VA 24012 RETIREMENT COMMUNITY INC 1290108 %FRIENDSHIP MANOR 327 HERSHBERGER RD NW 15961113 5.0 ROANOKE, VA 24012 COMMONWEALTH OF VIRGINIA 1290122 215 CHURCH AV SW RM 250 13490245 0 ROANOKE, VA 24011 FLINT, RONALD FLINT, JUDY 1290129 17260001 1.0 3026 ROBERTS RD SW ROANOKE, VA 24014 IIROANOKE ASSOCIATES II II EXHIBIT 4 http://www.webgis.net/scripts/esrimap.dll?name=RoacyPlusl& 08/29/2000 ROANOKE CITY GIS Page 2 of 3 % GILBERT BUTLER JR 1290133 PO BOX 2152 16151091 0 ROANOKE, VA 24009 ROANOKE ASSOCIATES %VALLEY MANAGEMENT INC 00000000 1.0 1290134 P O BOX 5365 ROANOKE, VA 24012 ROANOKE ASSOCIATES 1290135 % GILBERT E BUTLER JR P.O. BOX 2152 00000000 0 ROANOKE, VA 24009 DILAURO, JOHN P 1290137 4528 WlLLIAMSON RD 15741956 0 ROANOKE, VA 24012 SHAPIRO, GORDON H 1290140 SHAPIRO, JUNE V 3301 KINGSBURY RD SW 00000395 0 ROANOKE, VA 24014 TEMPLE, MARY LOU 1290158 2525 ROBINHOOD RD SW 00003107 0 ROANOKE, VA 24014 MURDOCK, BURT A 1290168 MURDOCK, ANN M 3314 KINGSBURY CR SW 99004801 0 ROANOKE, VA 24014 CRONK, DENNIS R 1290169 CRONK, ELAINE M 3310 KINGSBURY CR SW 99006008 D ROANOKE, VA 24018 LANG, CHESTER F 1290170 WALTER, ROBERT H 3306 KINGSBURY CR SW 98009020 D ROANOKE, VA 24018 SOUTHWOOD OF ROANOKE 1290171 COMMUNITY INC 327 HERSHBERGER RD NW 000000013 3.0 ROANOKE, VA 24012 BRIDGER, BILL 1290172 BRIDGER, HETTIE A 3302 KINGSBURY CR SW 99015555 0 ROANOKE, VA 24018 ROANOKE ASSOCIATES % GILBERT BUTLER 5500114 PO BOX 2152 16151091 0 ROANOKE, VA 24009 LocafionMap DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is believed to be accurate but accuracy is not guaranteed. Any errors or omissions should be reported to the City of Roanoke Engineering Department. In no event will the City of Roanoke be liable for any damages, including loss of data, lost profits, business interruption, loss of business information or other pecuniary loss that might arise from the use of this map or the information it contains. Map Data as of: August 2000 Real Estate Data as off August 2000 http://www.webgis.net/scripts/esrimap.dll?name=RoacyPlusl& 08/29/2000 CITY OF R O/INOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #9-79 Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Grisso: I am attaching copy of Ordinance No. 35153-120400 amending and reordaining Section 32-104, Levied; rate, of Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by adding a new subsection (c) to provide for a reduction in the tax rate of the personal property tax as it applies to aircraft, from $3.45 to $1.06 per $100.00 of assessed value, pursuant to provisions of the foregoing article, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 20, 2000, also adopted by the Council on second reading on Monday, December 4, 2000, and will be in full force and effect on January 1,2001. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm Attachment Darlene L. Burcham James D. Grisso December 8, 2000 Page 2 pc: The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable District Court Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia Julian H. Raney, Jr., Chief Judge, General District Court George W. Harris, Jr., Judge, General District Court Vincent A. Lilley, Judge, General District Court William D. Broadhurst, Judge, General District Court Jacqueline F. Ward Talevi, Judge, General District Court John B. Ferguson, Chief Judge, Juvenile and Domestic Relation~ The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Sherman A. Holland, Commissioner of the Revenue Transmitted by electronic mail to Municipal Code Corporation Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Judy Pate, Acting Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Willard N. Claytor, Director, Real Estate Valuation Steven J. Talevi, Assistant City Attorney Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission H:~Agenda.00\December 4 con'espondence.wpd IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA The 4th day of December, 2000. No. 35153-120400. AN ORDINANCE amending and reordaining § 32-104, Levied; rate, of Article III, Tax on Tangible Personal Property_ Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, by adding a new subsection (c) to provide for a reduction in the tax rate of the personal property tax as it applies to aircraft, pursuant to the provisions of the foregoing article, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-104, Levied; rate, of Article III, Tax on Tangible Personal Property. Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke,(1979), as amended, is hereby amended and reordained to read and provide as follows: *** (c) Effective January 1, 2001, the tax rate contained in this section shall not apply to aircraft, as that term is used in §58.1-3506 (A) (2) of the Code of Virginia, (1950), as amended. For purposes of the taxation of such aircraft pursuant to this article, there is hereby imposed and levied, and there shall be collected, for each tax year, a tax at the rate of one dollar and six cents ($1.06) on every one hundred dollars ($100.00) of the fair market value of such aircraft. ATTEST: City Clerk. H:LMEASURES\o-amtaxair. 1 Roanoke Regional Airport Commission 5~ ?2 Aviation Drive Roanoke, Virginia 24012-1148 (540) 362-1999 FAX (540) 563-4838 Mary Parker, City Clerk City of Roanoke 215 Church Avenue, Room 456 Roanoke, VA 24011 '00 November 15, 2000 Dear Ms. Parker: RE: Hearing on Reducing Personal Property_ Tax on Aircraft It is our understanding that Roanoke City Council has scheduled a public hearing on the proposal to reduce the personal property tax rate on aircraft based at the Roanoke Regional Airport from the current rate of $ 3.45 to $1.06 per hundred dollars of value for Monday, November 20, 2000, at 7:00 p.m. At the direction of the Roanoke Regional Airport Commission ("Commission"), enclosed is a resolution adopted on November 15, 2000, by the Commission supporting the proposed reduction. Please include this resolution in the official record of the public hearing for consideration by the members of Roanoke City Council. Thank you very much for your help and cooperation. Sincerely, Cathy Pe~etln~ ¢~4~t~~ Commission Secretary CC: Jacqueline L. Shuck, Executive Director Members, Roanoke Regional Airport Commission RESOLUTION OF THE ROANOKE REGIONAL AIRPORT COMMISSION Adopted this 15th day of November, 2000 No. 38-111500 A RESOLUTION EXPRESSING THE COMMISSION'S SUPPORT FOR THE PROPOSAL BY THE CITY OF ROANOKE TO REDUCE THE PERSONAL PROPERTY TAX ON AIRCRAFT BASED AT THE ROANOKE REGIONAL AIRPORT WHEREAS, encouraging the basing and use of aircraft at the Roanoke Regional Airport ("Airport") is important for the aviation community and is of benefit to the entire Roanoke Valley; and, WHEREAS, the need to lower the personal property tax rate on aircraft based at the Airport and the benefits of such a reduction have been previously commented on by members of the public and discussed at numerous Commission meetings; and, WHEREAS, the City of Roanoke, as the responsible taxing jurisdiction, has scheduled a public hearing for November 20, 2000, to consider reducing the personal property tax rate on aircraft based at the airport from the current rate of $ 3.45 to $1.06 per hundred dollars of assessed value; and, WHEREAS, such a reduction in the personal property tax rate on aircraft would encourage aircraft owners to base their aircraft at the Airport and would benefit the economy of the Roanoke Valley. NOW, THEREFORE, BE IT RESOLVED by the Roanoke Regional Airport Commission that the Commission hereby expresses its support for the proposal to reduce the City of Roanoke's personal property tax on aircraft based at the Airport from $ 3.45 to $1.06 per hundred dollars of assessed value and the Commission Secretary is hereby directed to forward a copy of this resolution to the Honorable Mayor and members of Roanoke City Council as well as the Roanoke City Clerk for consideration at the November 20, 2000, hearing. VOTE: AYES: NAYS: ABSENT: ATTEST: Macfarlane, Milliron, Smith, Turner, Whittaker None None I c~ify that this is a,tru9 t~te copy. ,,~ Ca-'~-hy S. P~dle~r~, Commission Secretary i l'v o £ o a n o lc ' ]Yi r i n i a November 20, 2000 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable Honorable Honorable Honorable Honorable William D. Bestpitch, Council Member C. Nelson Harris, Council Member W. Alvin Hudson, Jr., Council Member William White, Sr., Council Member Linda F. Wyatt, Council Member Re: Personal Property Tax on Aircraft Dear Mayor and Members of Council: The Roanoke Regional Airport Commission and administration has expressed concern that they are losing potential business due to the City of Roanoke's personal property tax rate on airplanes being higher than comparable localities. This situation is accentuated when comparing Virginia's two percent sales tax on airplanes to that of our competing airport in Greensboro, North Carolina, which has a significantly lower state sales tax with a cap of $1,500 per airplane. The airport administration has identified several occurrences where owners of expensive airplanes base them at other airports, most frequently Greensboro or Winston Salem, North Carolina, due to a significantly lower tax rate. Currently the City of Roanoke taxes airplanes at $3.45 per $100.00 of assessed value. The tax rate is applied to 60% of the assessed value the first year, reduced by 10% per year until it reaches 20%, where it remains on an annual basis. Comparatively, Greensboro assesses airplanes at 20% of the blue book wholesale value times a tax rate of $.6372 per $100 of assessment. Exhibit I details the tax rate and assessment method of Greensboro and some other localities in Virginia that have commercial airports. Having airplanes based at the RoanOke Regional Airport creates opportunities for income generating business such as hangar rental, fuel sales and maintenance of the airplanes. There are also other positive economic impacts to having airplanes, particularly business jets, based at our airport. It would serve as an incentive for Roanoke citizens and businesses to base their airplanes at the Roanoke Regional Airport if Roanoke's tax rate were comparable to that of competing localities in Virginia and North Carolina. Consequently, tax revenue forgone due to a tax rate decrease would be mitigated and potentially increased over time by the increased number of private and business owned airplanes based at the airport. According to the administration of the Roanoke Regional Airport, operators of the major commercial airports in Virginia believe they will be successful with legislation to modify the state sales tax on airplanes, an issue they believe has a direct correlation with economic development throughout the state. Honorable Mayor and Members of City Council November 20, 2000 Page 2 We recommend the City's tax rate be reduced from the current rate of $3.45 per $100 of assessed value to $1.06 per $100 of assessed value. The total tax levy on airplanes for Fiscal Year 2000 was $157,928. Using this revenue base as an example, the reduced tax rate would have generated $109,405 less revenue. A single $10 million business jet would generate $63,600 in additional revenue during the first year of taxation if based at the regional airport. As stated previously, we believe the revenue forgone due to a rate decrease has the potential to be recouped over time, in addition to the related business revenue generated, due to an increased number of airplanes being based at the airport. We also believe a reduction in the tax rate will demonstrate the City's willingness to take measures to help assure our airport is competitive with other airports throughout Virginia and neighboring airports in North Carolina. We recommend City Council adopt the attached ordinance reducing the personal property tax rate on aircraft from $3.45 to $1.06 per $100 of assessed value. Sincerely, ~neL~.Bu ~~4J~'~ City Manager James D. Grisso Director of Finance DLB/JDG:s Attachment C~ William M. Hackworth, City Attorney Sherman A. Holland, Commissioner of the Revenue Mary F. Parker, City Clerk Exhibit I City Roanoke Greensboro, N.C. Chesapeake Norfolk Richmond Suffolk Lynchburg Tax Rate $3.45 per $100.00 $.63720 per $100.00 $.50 per $100.00 $1.58 per $100.00 $ .50 per $100.00 $1.50 per $100.00 $3.30 per $100.00 Assessment Method % of purchase price, 1st yr is 60%, drops 10% per yr until it reaches 20% residual Aircraft blue book retail 20% of cost Aircraft blue book retail Aircraft blue book retail 20% of cost 90% of cost 1st yr, 70% of cost 2nd yr, drops 10% per year until it reaches 10% residual Tax on $1,000,000 Airplane First Year: Current rate $20,700 Proposed rate - $ 6,360 $6,372 $1,000 $15,800 $5,000 $3,000 First year $29,700 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 aircraft tax 01551201 pers prop tax aircra State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. /~ Sworn and subscribed before me this day of Nove/nber 20~.~t/k~s~ hand and official seal._~_~ ~%~/~_~_~. , Notary Public My commission expires ~_~C/ PUBLISHED ON: 11/09 TOTAL COST: 79.60 NOllCE OF PUBLIC HEARING p.m., In the Governors Sc~oot HI~ ~Mlool, 2102 Grln~#n Ro~d, S. W., In the City of 8nmndln~ ~32-104, Cod~ Qf the City of Ro~moke (/979), 8s tlflc~tlon for tl~ proposed d~or~lm~, is mvlllmble for 215 Church Avenue, S. W., Rolnol~, Virginia 24011, GIVEN under my nafld ~ Otb d~y of Nov~ml~r, 2000. FILED ON:'~ 11~7/00 ....................... ........................... NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Roanoke will hold a public hearing at its regular meeting to be held on November 20, 2000, commencing at 7:00 p.m., in the Governors School Lecture Hall, at Patrick Henry High School, 2102 Grandin Road, S. W., in the City of Roanoke, Virginia, or as soon thereafter as the matter may be heard, on the issue of amending §32-104, Code of the City of Roanoke (1979), as amended, for the purpose of decreasing the current personal property tax rate on aircraft from $3.45 per $100.00 of assessed value to $1.06 per $100.00 of assessed value. The proposed ordinance, and information concerning the justification for the proposed decrease, is available for examination by the public in the Office of the City Clerk, Room 456 Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011. GIVEN under my hand this 6th day of No;,ember ,2000. Mary F. Parker, City Clerk. NOTE TO PUBLISHER: Please publish once on ~ a'b.-o'r~ ~ Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:LadvllSC~n-aircra ftt ax CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #184-202-411 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 4, 2000, Council Member Wyatt requested that Council be provided with the City's annual Affirmative Action report by the first of the calendar year. In view of employee turnover, she also requested that departmental vacancies be identified, city-wide, and how long have the positions been vacant. Sincerely, Mary F. Parker, CMC City Clerk pc: Kenneth S. Cronin, Director, Department of Human Resources CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk December 8, 2000 File #24-54-66 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 4, 2000, Ms. Rhonda Conner, 2193 Wildwood Road, Salem, Virginia, property owner and landlord in the City of Roanoke, referred to the City's lack of enforcement of Chapter 6, Animals and Fowl, Section 6-27, Limitation on keeping, Code of the City of Roanoke (1979), as amended. She expressed concern with regard to the number of animals that are allowed to be kept by a tenant in an apartment complex, and requested that the abovereferenced City Code section be amended to further limit the number of animals that may be kept in an apartment building. The matter was referred to you for appropriate response. Sincerely, Mary F. Parker, CMC City Clerk MFP:sm pc: Ms. Rhonda Conner, 2193 Wildwood Road, Salem, Virginia 24153 George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief of Police H:~Agenda.OO\December 4 con'espondence.wpd