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HomeMy WebLinkAboutCouncil Actions 07-03-00Bestpitch 34903 ROANOKE CITY CO UNCIL REGULAR SESSION July 3, 2000 12:15p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. bo (Council Member Wyatt was absent). A report of the City Manager with regard to the Architectural Review Board process. (20 minutes) Received and filed. File #249 A report of the City Manager with regard to City Council Neighborhood Tours. (5 minutes) Received and Filed. File #132-488 Co A report of the City Manager requesting a Closed Meeting to discuss acquisition of real property for public purposes, pursuant to Section 2.1 ~ 344 (A)(3), Code of Virginia (1950), as amended. Approved (6-0) File #132 CERTIFICATION OF CLOSED MEETING. (6-0) Recess and reconvene in the City Council Chamber at 2:00 p.m. 2 ROANOKE CITY CO UNCIL OR GANIZA TIONAL MEE TING July 3, 2000 2:00p. m. CITY COUNCIL CHAMBER AGENDA 1. Call to Order. o Roll Call. (Council Member Wyatt was absent). Statement of Purpose. Mayor Ralph K. Smith. A report of the City Clerk with regard to the qualification of the Honorable Ralph K. Smith as Mayor, and the Honorable William D. Bestpitch, William H. Carder and Linda F. Wyatt, as Members of the Roanoke City Council, for terms of four years, each, commencing July 1, 2000, and ending June 30, 2004. Received and filed. File #38-132 3 Se A Resolution recognizing the Honorable William H. Carder to be a member of the City Council and Vice-Mayor of the City of Roanoke. Adopted Resolution No. 34903-070300. (6-0) File #132 o A Resolution recognizing the services of the Honorable C. Nelson Harris as Vice-Mayor of the City of Roanoke. Adopted Resolution No. 34904-070300. (6-0) File #132 o A Resolution establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2000, and terminating June 30, 2001. Adopted Resolution No. 34905-070300. (6-0) File #132 o A communication from Mayor Ralph K. Smith recommending certain committee assignments for the Members of City Council for the period of July 1, 2000 through June 30, 2001. Concurred in the recommendation of the Mayor with the addition of Council Member White to the Water Resources Committee. File #110-132 4 ROANOKE CITY CO UNCIL REGULAR SESSION July 3, 2000 Itntnediately following Organizational Meeting CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. (Council Member Wyatt was absent). The Invocation was delivered by The Reverend Donna Hopkins Britt, Pastor, Calvary 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. 5 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, July 6, 2000, at 7:00 p.m., and Saturday, July 8, 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, MUNICIPAL BUILDING, 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. PRESENTATIONS: A Proclamation declaring the month of July as Roanoke Valley Crime Line Month. File #3-5 e CONSENT AGENDA (Approved 6-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 C-2 A communication from Mayor Ralph K. Smith requesting a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request to convene in Closed File #132 Meeting. A communication from the Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia, transmitting a Report of the Board of Equalization in preparation for the taxable year July 1, 2000, to June 30, 2001. RECOMMENDED ACTION: Receive and file. File #79-162-214 C-3 A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, execute an extension of the lease agreement with Jefferson Center Foundation for a 40-year term, beginning June 1,2001. RECOMMENDED ACTION: Concur in recommendation. File #337-373-468 7 C-4 A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public heating, and lacking any comments to the contrary, authorize execution of an agreement with Appalachian Power Company for relocation and abandonment of a portion of an easement across City-owned property for the purpose of providing electric service to the Mill Mountain Visitors Center. RECOMMENDED ACTION: Concur in recommendation. File #29-67-166-468 C-5 A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, authorize execution of an agreement with Norfolk Southern Railway Company providing for a lease to allow the exchange of parking areas in connection with the Greater Gainsboro Development Project. RECOMMENDED ACTION: Concur in recommendation. File #223-432-468-511 C-6 A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, approve the conveyance of certain surplus City- owned property located along Gainsboro Road, N. W., to the Roanoke Redevelopment and Housing Authority. RECOMMENDED ACTION: Concur in recommendation. File #166-178-432-468-511 C-7 A report of the Water Resources Committee recommending that the City Manager advertise a public hearing, and lacking any comments to the contrary, execute the appropriate document to relocate and abandon a portion of an easement to Appalachian Power Company across City-owned property. RECOMMENDED ACTION: Concur in recommendation. File #29-166-468 C-8 Qualification of Elvah D. Taylor as a member of the Youth Services Citizen Board for a term ending May 31, 2003. RECOMMENDED ACTION: Receive and file. File//15-110-304 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to present a petition appealing a decision of the Architectural Review Board to deny a request for a Certificate of Appropriateness for an existing and proposed new section of vinyl fence at 609 Woods Avenue, S. W. Moncie D. Smith, Spokesperson. Council adopted a motion to affirm the decision of the Architectural Review Board on June 8, 2000, that no Certificate of Appropriateness be issued for the erection of a fence at 609 Woods Avenue, S. W., on the grounds that the proposed fence is not architecturally compatible with the H-2 District and does not enhance the special visual and spacial qualities that the H-2 District was established to protect. File #249 Request to present a petition appealing a decision of the Architectural Review Board to deny a request for a Certificate of Appropriateness for an existing vinyl fence at 615 Woods Avenue, S. W. Geraldine Sutherland, Spokesperson. Council adopted a motion to affirm the decision of the Architectural Review Board on June 8, 2000, that no Certificate of Appropriateness be issued for the erection of a fence at 615 Woods Avenue, S. W., on the grounds that the proposed fence is not architecturally compatible with the H-2 District and does not enhance the special visual and spacial qualities that the H-2 District was established to protect. File #249 9 4. PETITIONS AND COMMUNICATIONS: ao A communication from the Honorable George M. McMillan, Sheriff, recommending the addition of one full-time Deputy Sheriffposition at the Roanoke City Jail, and appropriation and transfer of funds in connection therewith; and a report of the City Manager concurring in the recommendation. Adopted Ordinance No. 34906-070300. no.) File #60-121-123 (5-1) (Mayor Smith voted 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending an amendment to the City Code in Order to establish that the automobile mileage allowance paid to employees of the City for use of personal vehicles on City business will increase or decrease at the same level as established by the Commonwealth of Virginia for State employees. Adopted Ordinance No. 34907-070300. (6-0) File #24-184 A report recommending acceptance of the bid submitted to the City by U. S. Filter Distribution Group, Inc., to furnish ductile iron water pipe for a period of one year from July 1, 2000 to June 30, 2001. Adopted Resolution No. 34908-070300. (6-0) File #468 l0 o A report recommending acceptance of the lowest responsible bids submitted to the City to furnish water and wastewater treatment chemicals for a period of one year from July 1, 2000 to June 30, 2001. Adopted Resolution No. 34909-070300. (6-0) File #27-468 A report in connection with establishment of the membership of the regional Policy Board of the Virginia Alcohol Safety Action Program, and appointment of a City Representative to the Board. Adopted Resolution No. 34910-070300. (6-0) File #5-536 A report recommending that the City Manager be authorized to execute the Shenandoah Crossing Cooperation and Parking Agreement, and appropriation of funds to the Roanoke Redevelopment and Housing Authority to fulfill the terms of the Agreement. The matter was tabled until the next regular meeting of Council on Monday, July 17, 2000, at 2:00 p.m., in the City Council Chamber. File #20-178-432 A report recommending execution of Amendment No. 1 to each of the City's agreements for consultant services with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc., for bridge inspection services. Adopted Resolution Nos. 34911-070300 and 34912-070300. (6-0) File #102-405 o A report recommending execution of an agreement with JDL Castle Corporation relating to development and construction of the Roanoke Passenger Station Renovation Project. Adopted Resolution No. 34913-070300. (6-0) File #537 A report recommending execution of an amendment to the City's agreement with the U. S. Army Corps of Engineers for additional design work for the Wiley Drive low-water bridges on the Roanoke River Flood Reduction Project. Adopted Resolution No. 34914-070300. (6-0) File//67-102-237 A report recommending an amendment to the City Code in order to implement certain strategies relating to the Rehabilitated Real Property tax incentive program. Adopted Ordinance No. 34915 on first reading. (6-0) File #24-79-162 10. A report recommending execution of an agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to operation of an animal shelter by the SPCA. Adopted Resolution No. 34916-070300. (6-0) File #54 11. A report recommending an amendment to the City Code to provide for changes in certain provisions relating to dangerous and vicious dogs. Adopted Ordinance No. 34917-070300. (6-0) File #24-54 12. A report recommending execution of an administrative agreement and any necessary amendments thereto with the Fifth District Employment and Training Consortium for implementation of various Community Development Block Grant programs. Adopted Resolution No. 34918-070300. (6-0) File #236-246 12 13. A report recommending execution of a subgrant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant funds for fiscal year'2000-2001, for the development of McCray Court Senior Living Project. Adopted Resolution No. 34919-070300. (6-0) File #165-178-236 14. A report of the City Manager with regard to donation of two Friesian horses. Adopted Resolution No. 34920-070300. (6-0) File #5-54 b. DIRECTOR OF FINANCE: A financial report for the month of May, 2000. Received and filed. File #10 6. REPORTS OF COMMITTEES: A report of the Roanoke Civic Center Commission recommending execution of a contract with The Pepsi Bottling Group for a term of five years for exclusive pouring rights at the Roanoke Civic Center Facilities. Mark E. Feldmann, Chairperson. Adopted Resolution No. 34921-070300. Hudson abstained from voting). File #192 (s-0) (Council Member A report of the Water Resources Committee recommending approval of the sewer exemption meter credit program. Kit B. Kiser, Assistant City Manager for Operations, and James D. Grisso, Director of Finance. Adopted Resolution No. 34922-070300. Harris abstained from voting). File #27-111-468 (s-o) (Council Member 13 A report of the Water Resources Committee recommending execution of the appropriate documents to acquire property rights needed for signalization of the intersection of Hollins Road and Liberty Road, N. E., Kit B. Kiser, Assistant City Manager for Operations. Adopted Ordinance Nos. 34923-070300 and 34924-070300. (6-0) File #2-20-60-468-264 do A report of the Water Resources Committee recommending execution of the appropriate documents to acquire property rights needed for the Salem Turnpike Drainage Project. Kit B. Kiser, Assistant City Manager for Operations. Adopted Ordinance Nos. 34925-070300 and 34926-070300. (6-0) File #2-60-468 A report of the Water Resources Committee recommending execution of the appropriate documents to acquire property rights needed for the Summit Hills Drainage Project. Kit B. Kiser, Assistant City Manager for Operations. Adopted Ordinance Nos. 34927-070300 and 34928-070300. (6-0) File #2-60-468 A report of the Water Resources Committee recommending execution of the appropriate documents to acquire property rights needed for the Trevino Drive Drainage Project - Phase I. Kit B. Kiser, Assistant City Manager for Operations. Adopted Ordinance Nos. 34929-070300 and 34930-070300. (6-0) File #2-60-468 go A report of the Water Resources Committee recommending execution of the appropriate documents to acquire property rights needed for signalization of the intersection of Williamson Road and Hildebrand Road, N. E. Kit B. Kiser, Assistant City Manager for Operations. Adopted Ordinance Nos. 34931-070300 and 34932-070300. (6-0) File #2-20-60-264-468 14 ho A report of the Water Resources Committee recommending execution of the appropriate documents to acquire property rights needed for construction of the Greater Gainsboro Development Project. Kit B. Kiser, Assistant City Manager for Operations. Adopted Ordinance No. 34933 on first reading. (6-0) File//2-60-432-468-511 7. UNFINISHED BUSINESS: None. ge INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 34900, on second reading, rezoning properties located in the 900 block of Centre Avenue, N. W., identified as Official Tax Nos. 2112503 - 2112512, inclusive; and Official Tax Nos. 2111914 - 2111922, inclusive, from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 34900-070300 on second reading. (6-0) File//51 bo Ordinance No. 34901, on second reading, permanently vacating, discontinuing and closing the remaining portion of a public alley that extends in a westerly direction from the easternmost property line of Official Tax No. 2111914 to the right-of-way boundary of 10th Street, N.W. Adopted Ordinance No. 34901-070300 on second reading. (6-0) File//51 Co Ordinance No. 34902, on second reading, rezoning properties in the southwest quadrant of the City, generally known as the Greater Raleigh Court Area, located in the 2000 and 2100 blocks of Laburnum Avenue, the 2000 block of Maiden Lane, and the 2100 block of Westover Avenue, S. W., from RM-1, Residential Multifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single-Family District. Adopted Ordinance No. 34902-070300 on second reading. (6-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: 10. a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: bo 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. James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, expressed appreciation with regard to Council's support of the sub-grant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant funds for fiscal year 2000-01 for development of McCray Court Senior Living Project. File #165-178-236 CERTIFICATION OF CLOSED MEETING: (6-0) Brooke M. Parrott was reappointed as a member of the Roanoke Public Library Board for a term ending June 30, 2003. File #15-110-323 Harold H. Worrell, Sr., and Robert O. Gray were reappointed as members of the War Memorial Committee for terms ending June 30, 2001. File #110-518 Frank W. Feather was reappointed as a member of the Human Services Committee for a term ending June 30, 2001. File #15-110-318 Cynthia T. Josephson was reappointed as a member of the Flood Plain Committee for a term ending June 30, 2001. File #110-237 Eddie Wallace, Jr., was reappointed as a member of the Mill Mountain Advisory Committee for a term ending June 30, 2001. File #67-110 Evelyn S. Lander was reappointed as a member of the Roanoke-Alleghany Regional Commission for a term ending June 30, 2003. File #15-110-326 Wanda E. English, Sabrina T. Law and Amy W. Peck were reappointed as members of the Special Events Committee for terms ending June 30, 2001. File #110-317 Bobby Lavender was reappointed as a member of the Board of Fire Appeals for a term ending June 30, 2004. File #15-70-110 Roanoke City Council Regular Agenda J~p~ 28 P4:22 July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Briefing of Architectural Review Board Process Please reserve space on your 12:15 p.m., agenda for a 20 minute briefing regarding the above subject. Respectfully submitted, City Manager CC: City Attorney Director of Finance Assistant City Manager for Community Development Roanoke City Council Regular Agenda Report July 3, 2000 '00 ¢~ 28 ? 4:22 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Briefing of City Council Neighborhood Tours Please reserve space on your 12:15 p.m. agenda for a 5 minute briefing regarding the above subject. Respectfully submitted, City Manager CC: City Attorney Director of Finance Assistant City Manager for Community Development Roanoke City Council Regular Agenda Report July 3, 2000 '00 JUN 28 ~t0:19 Honorable Ralph K. Smith, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Re: Request for Closed Meeting This is to request that Council convene a closed meeting for the purpose of discussing acquisition of real property for public purposes, pursuant to Section 2.1-344.A.3, Code of Virginia (1956), as amended. Respectfully submitted, City Manager CC: City Clerk City Attorney Director of Finance Assistant City Manger for Operations MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 3, 2000 SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I am attaching copy of the Roanoke City Electoral Board Abstract of Votes cast in the General Election held in the City of Roanoke on Tuesday, May 2, 2000, certifying that Ralph K. Smith received the greatest number of votes cast in said election for the Office of Mayor; and William H. Carder, William D. Bestpitch, and Linda F. Wyatt received the largest number of votes for the Office of City Council Members. Oaths of Office were administered on Thursday, June 29, 2000, by the Honorable Judges of the Twenty-Third Judicial Circuit, as follows: Ralph K. Smith as Mayor for a four year term commencing July 1,2000 and ending June 30, 2004; William H. Carder as a Member of Council commencing July 1, 2000 and ending June 30, 2004; and a two year term as Vice-Mayor commencing July 1,2000 and ending June 30, 2002; William D. Bestpitch as a Member of Council for a four year term commencing July 1,2000 and ending June 30, 2004; and Linda F. Wyatt as a Member of Council for a four year term commencing July 1,2000 and ending June 30, 2004. With kindest personal regards, I am Sincerely yours, Mary F. Parker, CMC City Clerk MFP:Io Attachment H:\PARKER.98\LTR3.WPD ABSTRACT OF VOTES cast in the City of Roanoke at the May 2, 2000 General Election· for: · Virginia, MAYOR NAMES OF CANDIDA TE$ AS SHOWN ON BALLOT David A. Bowers Ralph K. Smith E. Duane Howard Dlevis O. "Mac" McCadden TOTAL VOTES RECEIVED (IH F/OUR£S) 4,627 5,368 315 4,836 Total Write-In Votes [SEE WRITE-INS CERTIFICATION] ............. ' We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes cast for the above office in said election: Ralph K. Smith Given under our hands this A copy teste: 5 day of May, 2000. '/~ "~'~,/~//~~/ ~ ,Secretary // ,V-~o~_.///~ Secretary, Electoral Board ABSTRACT OF VOTES cast in the City of Roanoke at the May 2, 2000 General Election· for: · Virginia, MEMBER CITY COUNCIL AT LARGE ENTER AT LARGE OR APPROPRIATE DISTRICT OR WARD NAME NAMES OF CANDIDATES AS SHOWN ON BALLOT TOTAL VOTES RECEIVED fiN FIGURES) W. D. "Bill" Bestpitch ...................... 5,895 Angela Norman 5,073 7,624 Linda Wyatt ...................... William H. "Bill" Carder ...................... 8,468 Donald L. Hogan Carroll Swain James O. "Jim" Trout 1,788 5,221 1,012 CO,~INUECANDIDATESAND/ORWRITE-INSCER~FICATIONO,VREVERSE$1DE We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May2, 2000, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person(s) has (have) received the greatest number of votes cast for the above office in said election: William H. "Bill" Carder Linda Wyatt W.D. "Bill" Bestpitch Given under our hands this ,4 copy teste: 5 day of May, 2000. ~.-~. ~-.~.~.~ ,Chairman -'-~~~ ~'~' ~Vice Chairman ,,1 .~~~.. [ . Secretary ~/ / .... ~ta /~~/ S ~, Electoral Board WRITE.INS CERTIFICATION ROANOKE [] COUN~ [] Cl~ MEMBER CITY COUNCIL AT LARGE OFFICE TITLE DISTRICT NAME OR NUMBER, IF APPLICABLE Write-Ins IL,ST ,N ^LP.ASE~CAL OROER] Invalid Write-Ins ........................... Chris Chittum ..... Ashby Coleman ' Sara McGhee Mark Oliver Barry Stacey General Election May 2,2000 Page 1 of 1 TOTAL VOTES RECEIVED (ltv FLOUR, S) 1 1 2 1 2 1 CONTINUED ON PAGES THROUGH We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on May 2, 2000, do hereby certify that, with the continuation pages indicated, the above is a true and correct certification of the write-in votes cast at said election for the office indicated above. Given under our hands this 5 . day of May, 2000. copy testa: , Chairman Vice Chairman , Secreta~ Electoral Board Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ralph K. Smith, do solemnly swear (or affirm) that I will support the Const~tion of the United States of America and the Constitution of the Commonwealth of Virginia~?~nd that I will faithfully and impartially discharge and perform all the duties incumbent upon me as Mayor of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2000 and ending June 30, 2004, according to the best of my ability. (So help me God.) /,~alph K'. Smith Subscribed and sworn to before me this 29th day of June 2000. Judge-'~-~the ~,ircuit--~ou~t~-- - ' Twenty-Third Judicial Circuit of Virginia N:\CKLO l\COUNCIL.98~investiturc oaths.wpd CRUSH, Iii, CLERIC 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 Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2000 and ending June 30, 2004, according to the best of my ability. (So help me God.) William D. E~estpitct Subscribed and sworn to before me this 29th day of June 2000. Judge of the Circuit Court, ~2'~_./' - Twenty-Third Judicial Circuit of Virginia N:\CKLO 1 \COUNCIL.98Xinvcstiturc oaths.wpd Deputy Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William H. Carder, 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 Council of the City of Roanoke, Virginia, for a term of four years commencing July 1, 2000 and ending June 30, 2004, and as Vice-Mayor for a two year term commencing July 1, 2000 and ending June 30, 2002, according to the best of my ability. (So help me God.) William H. Carde~'--~" Subscribed and sworn to before me this 29th day of June 2000. ~rginia N:\CKLO l\COUNCIL.98Mnvcstiture oaths.wpd cRusu, ,i, CLERK Deputy C/erk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Linda F. Wyatt, do solemnly swear (or affirm) that I will support the Constit/~ion of the United States of ^medca 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 Council of the Ci~ of Roanoke, Virginia, for a term of four years commencing July 1,2000 and ending June 30, 2004, according to the best of my ability. (So help me God.) Wyatt ~_~ - Subscribed and sworn to before me this 29th day of June 2000. JL~ge~of the Circuit C-~, TWenty-Third JudicialJCi~uit of Virginia N:\CKLO 1 \COUNCIL.98~investiture oaths.wpd ,~ 2~E: AR"~-~IR B CRUSH, I11, CLERK ~Y(-~ ~ (~-/ Deputy Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Tho 3rd day of July, 2000. - No. 34903-070200. A RESOLUTION recognizing the HONORABLE WILLIAM H. CARDER to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable William H. Carder received the larigest number of votes of any candidate running for Council in the regular Councilmanic election held on the first Tuesday in May, 2000, and was, therefore, elected Vice-Mayor of the City for a two-year term which commenced July 1, 2000, as provided by §4 of the Charter of the City of Roanoke; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable William H. Carder be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1st day of July, 2000, and continuing for a period of four years and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 2000, and continuing for a period of two years and until his successor shall have been elected and qualified. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No. 34904-070300. A RESOLUTION recognizing the services of the HONORABLE C. NELSON HARRIS as Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable C. Nelson Harris was elected Vice-Mayor of the City of Roanoke by virtue of receiving the largest number of votes in the Councilmanic election held on the first Tuesday of May, 1998, and served in this office from July 1, 1998, to June 30, 2000; and WHEREAS, Mr. Harris has served diligently and with distinction as Vice-Mayor, performing many and varied responsibilities required of him as Vice-Mayor in a selfless manner while also honorably discharging his other duties on the City Council; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. .The Mayor and Members of this body do hereby recognize and commend the Honorable C. Nelson Harris for his outstanding service as Vice-Mayor of this City and assure him of their continued support as he continues to serve as a Member of Council. 2. An attested copy of this Resolution, approved by the Mayor, shall be presented to Mr. Harris. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. ~ No". 34905'-070300. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2000, and terminating June 30, 2001. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2000, and terminating June 30, 2001. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 3. Unless otherwise provided by resolution of Council, each regular meeting of Council shall commence at 12:15 p.m. for the conduct of informal meetings, work sessions or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 12:15 p.m. session and the 2:00 p.m. session. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p.m. on the same day for the conduct of public hearings. 4. All meetings of City Council shall be automatically adjourned at 11:00 p.m., unless a motion setting a new time for adjournment be made, seconded and unanimously carried. 5. All regular meetings of City Council shall be held in the Council Chambers, Room 450, of the Municipal Building in this City, unless otherwise provided by resolution of Council. 6. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place 7. This Resolution shall have no application to special meetings of City Council called pursuant to § 10 of the City Charter. ATTEST: City Clerk. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK. 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 14, 2000 File #110 The Honorable William H. Carder Vice-Mayor Roanoke, Virginia Dear Mr. Carder: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were appointed to the following committees: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee Mill Mountain Advisory Committee Economic Development Commission, Chair Virginia Museum of Transportation Board of Directors Legislative Committee Bid Committee Roanoke Valley Convention and Visitors Bureau Board of Directors Sincerely, Mary, F. Parker, CMC City Clerk MFP:Io pc: Cad H. Kopitzke, Chair, Mill Mountain Advisory Committee, 4581 Oakland Boulevard, N. E., Roanoke, Virginia 24012 Katherine H. Strickland, Executive Director, Virginia Museum of Transportation, 303 Norfolk Avenue, S. W., Roanoke, Virginia 24011 C:'uVlyFiles~JUL Y 3 CO R. WP D The Honorable William H. Carder July 14, 2000 Page 2 pc: David L. Kjolhede, Executive Director, c/o Heidi Mowry, Roanoke Valley Convention and Visitors Bureau, 114 Market Street, S. E., Roanoke, Virginia 24011 Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations William M. Hackworth, City Attorney Robert H. Bird, Municipal Auditor John W. Coates, Director, Department of Parks and Recreation Diane S. Akers, Acting Director, Economic Development C: ~lyFiles~FcrL Y3 COR. WPD MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 14, 2000 File #110 SANDRA H. EAKIN Deputy City Clerk The Honorable William D. Bestpitch Council Member Roanoke, Virginia Dear Mr. Bestpitch: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were appointed to the following committees: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Roanoke Valley-Alleghany Regional Commission TAP Board of Directors War Memorial Committee City of Roanoke Transportation Safety Commission Mill Mountain Zoo, Inc. Roanoke Neighborhood Partnership Steering Committee New River Valley Commerce Park Study Committee Virginia Recreation Facilities Authority ~% ~ ~. ~,~,,~,~,~_Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Wayne G. Strickland, Executive Director, Roanoke Valley-Alleghany Regional Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24016 Theodore J. Edlich, Executive Director, Total Action Against Poverty, 145 Campbell Avenue, S. W., Roanoke, Virginia 24016 Sloan H. Hoopes, Chair, War Memorial Committee, 2023 Maiden Lane, S. W., Roanoke, Virginia 24015 C :'aMy Fil ~'~OI..Y 3 CO R. WP D William D. Bestpitch July 14, 2000 Page 2 pc: Elizabeth Poff, Executive Director, Blue Ridge Zoological Society of Virginia, Inc., P. O. Box 13484, Roanoke, Virginia 24034 Jim Strutts, Executive Director, Virginia Recreation Facilities Authority, Executive Director, 6038 Cold Harbor Road, Mechanicsville, Virginia 23111 David W. Rundgren, Executive Director, New River Valley Planning District, 1612 Wadsworth Street, Radford, Virginia 24141 Barbara N. Duerk, Chair, Roanoke Neighborhood Partnership Steering Committee, 2607 Rosalind Avenue, S. W., Roanoke, Virginia 24014 Robert K. Bengtson, Chair, City of Roanoke Transportation Safety Commission Madam Alam Stacy, Coordinator, Roanoke Neighborhood Partnership Darlene L. Burcham, City Manager C:~My Fil ea~JLY 3COR. WPD MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 14, 2000 File #110 SANDRA H. EAKIN Deputy City Clerk The Honorable C. Nelson Hards Council Member Roanoke, Virginia Dear Mr. Harris: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were appointed to the following committees: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee Roanoke Redevelopment and Housing Authority Roanoke Arts Commission Legislative Committee Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Brook E. Dickson, Chair, Roanoke Arts Commission, 523 Highland Avenue, S. W., Roanoke, Virginia 24016 C:LMyFilea ~q./LY3 COR. WPD The Honorable C. Nelson Harris July 14, 2000 Page 2 pc: Dadene L. Burnham, City Manager Kit B. Kiser, Assistant City Manager for Operations William M. Hackworth, City Attorney Robert H. Bird, Municipal Auditor C:'JVIy Film'JULY3 COK WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 14, 2000 File #110 The Honorable W. Alvin Hudson, Jr. Council Member Roanoke, Virginia Dear Mr. Hudson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were appointed to the following committees: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee War Memorial Committee Roanoke Valley Regional Cable Television Committee Roanoke Civic Center Commission Mayor's Committee for People with Disabilities Virginia CARES Board of Directors Bid Committee, Chair Roanoke Valley Long Range Water Supply Study Committee VML Transportation Policy Committee The Transportation Policy Committee will meet on Thursday, July 27, 2000, from 1:30 p.m. - 3:45 p.m., at the Richmond Center. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io C:h~IyFil mLILiLY3 COP.. WP D W. Alvin Hudson, Jr. July 14, 2000 Page 2 pc: Robert R. Altice, Chair, Roanoke Valley Regional Cable Television Committee, 616 South Maple Street, Vinton, Virginia 24179 Mark E. Feldmann, Chair, Roanoke Civic Center Commission, 2932 Lockridge Road, S. W., Roanoke, Virginia 24014 Susan Bryant-Owens, Secretary, Roanoke Civic Center Commission Christene A. Montgomery, President, Mayor's Committee for People with Disabilities, 622-A Walnut Avenue, S. W., Roanoke, Virginia 24016 Sloan H. Hoopes, Chair, War Memorial Committee, 2023 Maiden Lane, S. W., Roanoke, Virginia 24015 Cindy Martin, Executive Director, Virginia CARES, Inc., 145 Campbell Avenue, S. W., Roanoke, Virginia 24016 Dadene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Robert H. Bird, Municipal Auditor C:~ViyFil es~.IULY3COK WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 14, 2000 File #110 The Honorable William White, Sr. Council Member Roanoke, Virginia Dear Mr. White: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were appointed to the .following committees: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Legislative Committee, Chair Water Resources Committee Mary F. Parker, CMC City Clerk MFP:Io pc: Kit B. Kiser, Assistant City Manager for Operations William M. Hackworth, City Attorney Robert H. Bird, Municipal Auditor C:hMyFiles'dULY3COR. WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 14, 2000 File #110 SANDRA H. EAKIN Deputy City Clerk The Honorable Linda F. Wyatt Council Member Roanoke, Virginia Dear Ms. Wyatt: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were appointed to the following' committees: Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee Roanoke Valley-Allegheny Regional Commission Legislative Committee Metropolitan Transportation Distdct Study Committee VML Human Development and Education Committee The Human Development and Education Committee will meet on Thursday, July 27, 2000, from 1:30 p.m. - 3:45 p.m., at the Richmond Center. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Wayne G. Strickland, Executive Director, Roanoke Valley-Allegheny Regional Commission, 313 Luck Avenue, S. W., Roanoke, Virginia 24016 Kit B. Kiser, Assistant City Manager for Operations William M. Hackworth, City Attorney Robert H. Bird, Municipal Auditor C:~IyFile~U-ULY3 COR. WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 14, 2000 Cary J. Lester Environmental Officer Roanoke, Virginia Dear Mr. Lester: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were nominated for appointment to the Virginia Municipal League Environmental Quality Committee The Environmental Quality Committee will meet on Thursday, July 27, 2000, from 10:00 a.m. - 12:00 noon, at the Richmond Center. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Dadene L. Burcham, City Manager C:~VlyFitcs',JULY3COR. WI'D MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 14, 2000 File #110 SANDRA H. EAKIN Deputy City Clerk James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were nominated for appointment to the Virginia Municipal League. Fina.nce Committee. The Finance Committee will meet on Thursday, July 27, 2000, from 10:00 a.m. - 12:00 noon, at the Richmond Center. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Darlene L. Burcham, City Manager C:',MyFile~'~JULY3COR. WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 14, 2000 SANDRA H. EAKIN Deputy City Clerk William M. Hackworth City Attorney Roanoke, Virginia Dear Mr. Hackworth: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3,-2000, you were nominated for appointment to the Virginia Municipal League General Laws Policy Committee. The General Laws Policy Committee will meet on Thursday, July 27, 2000, from 10:00 a.m. - 12:00 noon, at the Richmond Center. Sincerely, Mary F. Parker, OMC City Clerk MFP:Io pc: Dadene L. Burcham, City Manager C:'d~IyFilea'JULY3 COI~ WPD RALPH K. SMITH Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.W., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 July 3, 2000 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Vice-Mayor Carder and Members of Council: The following committee assignments for the Vice-Mayor and Members of Council are set forth for your consideration: Vice-Mayor William H. Carder Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee Mill Mountain Advisory Committee Economic Development Commission, Chair Virginia Museum of Transportation Board of Directors Legislative Committee Bid Committee Roanoke Valley Convention and Visitors Bureau Board of Directors Council Member William D. Bestpitch Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Roanoke Valley-Alleghany Regional Commission TAP Board of Directors War Memorial Committee City of Roanoke Transportation Safety Commission Mill Mountain Zoo, Inc. Roanoke Neighborhood Partnership Steering Committee New River Valley Commerce Park Study Committee Virginia Recreation Facilities Authority Council Member C. Nelson Harris Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee Roanoke Redevelopment and Housing Authority Roanoke Arts Commission Legislative Committee Council Member W. Alvin Hudson Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee War Memorial Committee Roanoke Valley Regional Cable Television Committee Roanoke Civic Center Commission Mayors' Committee for People with Disabilities Virginia CARES Board of Directors Bid Committee, Chair Roanoke Valley Long Range Water Supply Study Committee VML Transportation Committee Council Member William White, Sr. Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Legislative Committee, Chair Council Member Linda F. Wyatt Budget and Planning Committee Personnel Committee Greater Roanoke Transit Company Audit Committee Water Resources Committee Roanoke Valley-Allegheny Regional Commission Legislative Committee Metropolitan Transportation District Study Committee Virginia Municipal League Policy Committees: Environmental Quality Finance General Laws Human Development and Education Transportation Cary J. Lester James D. Grisso William M. Hackworth Linda F. Wyatt W. Alvin Hudson, Jr. Council's concurrence in the above assignments will be appreciated. With kindest personal regards, I am Ralph K. Smith Mayor RKS:MFP:ec CITY OF ROANOKE l'O Oil WHEREAS, crime is a fact of life in the nation, as well as the communities of the Roanoke Valley; and crime against all citizens will consume our lives, our homes, our schools, our neighborhoods and our communities; and I97-IE~S, crime prevention is an ongoing task for all citizens of the Roanoke Valley; and it has been determined that the most effective crime prevention te. chnique is a pro-active community approach involving actively aware citizens, and active involvement of citizens and students to assist law enforcement with factual information for solving crimes; and Crime Line and School Crime Line bring together citizens, neighborhood leaders, students, school personnel and law enforcement officials to encourage and to foster communication, understanding and cooperation, and to build safer communities. NO~F, THEREFORE, L Ralph IC Smith, Mayor of the City of Roanoke: Virginia, call upon ali citizens to support the goals and programs of the Roanoke Valley Crime Line, Inc., and School Crime Line, and do hereby proclaim the month of July, 2000, throughout this great All-.4merica City, as ROANOKE VALLEY CRIME LINE MONTH. Given under our hands and the Seal of the City of Roanoke this third day of July in the year two thousanat Mary F. Parker City Clerk Ralph IC Smith Mayor --- ~.;~,?i~i~.~, CITY OF ROANOKE · : ~ ~,: ~ OFFICE OF THE MAYOR ~, 215 CHURCH AVENUE, S.W., ROOM 452 ~~ ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 RALPH K. SMITH Mayor July 3, 2000 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Ralph K. Smith Mayor RKS:se MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF: THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 10, 2000 File #79-162-214 The Honorable Richard C. Pattisall, Judge Twenty-Third Judicial Circuit of Virginia Roanoke, Virginia Dear Judge Pattisall: Your communication transmitting a report of the Board of Equalization in preparation for the taxable year July 1, 2000, to June 30, 2001, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. On motion, duly seconded and adopted, the report was received and filed. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Jr., Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia W. G. Light, Chair, Board of Equalization, 2066 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Rutledge W. Robertson, II, Vice-Chair, Board of Equalization, 5014 Bruceton Road, S. VV., Roanoke, Virginia 24018 Randolph E. Harrison, Jr., Secretary, Board of Equalization, 2311 Westover Avenue, S. W., Roanoke, Virginia 24015 Darlene L. Burcham, City Manager I:~ICHAR. D C. PATTISALL, JUDGE R-OANOKE CITY COHP,.THOUSE 31.5 CHUR.CH AVENUE, S.W. P,O. BOX 211 ROANOKE, VIP,.GINI~.24OO2-O911 (540) 853-2051 F..~X (.%dO) 853-1040 TWENTY-THIRD JUDICIAL OF VIRGINIA COMMONWEALTH OF VIRGINIA '00 dU~ 22 P1:~9 ClI~CUIT COUR.T FOR THE COUN'FY' OF I~OANOKE CIP,-CLIIT COUR-T FOP,. THE CITY OF R.OA't,/OKE CIRCUIT COUE. T FOP, THE CITY' OF .SALEM Junel 9, 2000 Honorable David A. Bowers, Mayor Members of City Council 215 Church Avenue S.W. Roanoke, Virginia 24011 RE: 2000 Report of the Board of Equalization Dear Mayor and Members of Council: I met with the members of the Equalization Board on May 30, 2000 and generally discussed its activities. Each of the members of the Board exhibited a positive attitude toward his work and the working relationship between the Equalization Board and the Roanoke City Administration. Each is willing to serve next year. I am enclosing a copy of the Report of the Board of Equalization in preparation for the taxable year July 1, 2000, to June 30, 2001, inclusive. The Board received 49 appeals. There were 12 commercial and industrial appeals considered with 5 affirmed value and 7 decreased value. There were 36 residential appeals considered with 20 affn'med value, 16 decreased value. One appeal was withdrawn before inspection. Orders dated May 19, 2000, were mailed on May 19, 2000, informing each taxpayer of the Board's decision. The Board was particularly grateful to Darlene Burcham, City Manager, and her staff for providing private office space for the Board to meet with City taxpayers to perform the Board's duties. The Board also expressed thanks to Will Claytor and his staff for their cooperation in supplying property data and their time in meeting with the Board on accessed values. They trust this assistance will be available for future Equalization Boards. The Board recommends that future Equalization Boards continue to have access to the computer service in their work and strongly recommends that future Equalization Boards be provided with current office space that is private and separate from the Office of Real Estate Valuation. Hon. David A. Bowers, Mayor -2- June 19, 1999 The Board further recommends that in order to accomplish their duties as members of the Board of Equalization of Real Estate Assessments for the City of Roanoke that it is critical to have safe, private space for the Board to meet with City taxpayers and that such space be provided. If you are aware of any problems, or if you wish to offer any suggestions for the improvement of the appointment process for the Equalization Board, please advise us. I am providing copies of this letter to those persons indicated below. I am enclosing a copy of the order appointing the present Board members. It has been a pleasure working with this Board. Please advise me if I can be of further assistance or provide further information. RCP/cf-p Enclosures Very truly yours, Richard C. Pattisall, Judge C~ Darlene Burchum, City Manager Wilbum C. Dibling, Jr., City Attomey Honorable Clifford R. Weckstein Honorable Robert P. Doherty, Jr. Honorable Jonathan M. Apgar Mr. W.G. (Bill) Light, Chairman Mr. Rutledge W. Robertson, II, Vice-Chairman L/~sMsl Randolph E. Harrison, Jr., Secretary Mary F. Parker, City Clerk Ms. Pat Lam, Executive Secretary to the Board of Equalization DAVID A. BOWERS Mayor CITY OF ROANOKE 'OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 June 26, 2000 The Honorable Vice-Mayor and Members of Roanoke city Council Roanoke, Virginia Dear Vice-Mayor Harris and Members of Council: Please find enclosed correspondence dated June 19, 2000, from Honorable Richard C. Pattisall, Judge of the Roanoke Circuit Court. Attached to Judge Pattisall's letter is a May 22, 2000, report from the Board of Equalization. As there appears to be no problems once again with t'he performance of this Board, I would ask that this report be included on the Consent Agenda for the next meeting of Council, and thereafter received and filed. On behalf of the Members of Council, I want to thank the Circuit Court and the Board of Equalization for their assistance in this process once again this year. Bill Light, Rutledge Robertson and Randolph Harrison, always provide exemplary service to the citizens of our great All-America City, for which we are very grateful. Sincerely, David A. Bowers Mayor DAB: jsj Enclosure pc: Honorable Richard C. Pattisall, Judge, Roanoke City Circuit Court, 315 Church Avenue, S. W., Room 333, Roanoke, Virginia 24016 W. G. "Bill" Light, Chairman, Board of Equalization, 2066 Kenwood Boulevard, S. E., Roanoke, Virginia 24013 Rutledge W. Robertson, II, Vice-Chairman, Board of Equalization, 5014 Bruceton Road, S. W., Roanoke, Virginia 24018 Randolph E. Harrison, Jr., Secretary, Board of Equalization, 2311 Westover Avenue, S. W., Roanoke, Virginia 24015 R-ICHAR_D C, FATTISALL, IUDGE ROANOKE CITY COURTHOUSE 315 CHURCH AVENUE, P.O. BOX 211 ROANOKE, VIRGINIA 24002-0211 (540) 853-20~1 FAX (540) 853-1040 TWENTY-THIRD JUDICIAL OF VIRGINIA · ';%!/-% - COMMONWEALTH OF VIRGINIA DISTRICT CIRCUIT COURT FOR THE COUNTY OF ROANOKE CIRCUIT COURT FOR_ TIIE CiTY OF ROANOKE Junel9,2000 Honorable David A. Bowers, Mayor Members of City Council 215 Church Avenue S.W. Roanoke, Virginia 24011 RE: 2000 Report of the Board of Equalization Dear Mayor and Members of Council: I met with the members of the Equalization Board on May 30, 2000 and generally discussed its activities. Each of the members of the Board exhibited a positive attitude toward his work and the working relationship between the Equalization Board and the Roanoke City Administration. Each is willing to serve next year. I am enclosing a copy of the Report of the Board of Equalization in preparation for the taxable year July 1, 2000, to June 30, 2001, inclusive. The Board received 49 appeals. There were 12 commercial and industrial appeals considered with 5 affirmed value and 7 decreased value. There were 36 residential appeals considered with 20 affirmed value, 16 decreased value. One appeal was withdrawn before inspection. Orders dated May 19, 2000, were mailed on May 19, 2000, informing each taxpayer of the Board's decision. The Board was particularly grateful to Darlene Burcham, City Manager, and her staff for providing private office space for the Board to meet with City taxpayers to perform the Board's duties. The Board also expressed thanks to Will Claytor and his staff for their cooperation in supplying property data and their time in meeting with the Board on accessed values. They trust this assistance will be available for future Equalization Boards. The Board recommends that future Equalization Boards continue to have access to the computer service in their work and strongly recommends that future Equalization Boards be provided with current office space that is private and separate from the Office of Real Estate Valuation. Hon. David A. Bowers, Mayor -2- June 19,1999 The Board further recommends that in order to accomplish their duties as members of the Board of Equalization of Real Estate Assessments for the City of Roanoke that it is critical to have safe, private space for the Board to meet with City taxpayers and that such space be provided. If you are aware of any problems, or if you wish to offer any suggestions for the improvement of the appointment process for the Equalization Board, please advise us. I am providing copies of this letter to those persons indicated below. I am enclosing a copy of the order appointing the present Board members. It has been a pleasure working with this Board. Please advise me if I can be of further assistance or provide further information. Very truly yours, Richard C. Pattisall, Judge RCP/cfp Enclosures C~ Darlene Burchum, City Manager Wilburn C. Dibling, Jr., City Attorney Honorable Clifford R. Weckstein Honorable Robert P. Doherty, Jr. Honorable Jonathan M. Apgar Mr. W.G. (Bill) Light, Chairman Mr. Rutledge W. Robertson, II, Vice-Chairman Mr. Randolph E. Harrison, Jr., Secretary Ms. Mary F. Parker, City Clerk Ms. Pat Lam, Executive Secretary to the Board of Equalization May22,2000 The Honorable Richard C. Pattisall Judge of the Circuit Court City of Roanoke Roanoke, Virginia 24011 Dear Judge Pattisall: We wish to inform you that the Board of Equalization has completed its work for the taxable year July 1, 2000 to June 30, 2001. The Board received 49 Appeals. All properties were inspected with the following remits: 49 Appeals were considered 12 Commercial and Industrial 5 Commercial and Industrial Affirmed Value 7 Commercial and Industrial Decreased Value 36 Residential 20 Residential Affirmed Value 16 Residential Decreased Value 1 Appeal was withdrawn before inspection Orders dated May 19, 2000 were mailed on May 19, 2000 informing each property owner of our decision. Our thanks to the Office of Real Estate Valuation for their cooperation in supplying property data and their time to meet with us on various properties. We trust that this assistance will be available for future Equalization Boards. It is recommended that future Equalization Boards continue to have access to the computer service in their work. Also, it is recommended that future Equalization Boards continue to have separate office space from the Office of Real Estate Valuation. The Honorable Richard C. Pattisall Page 2 May 22. 2000 Should you have any questions, please contact us. Very truly yours, Board of Equalization of Real Estate Assessments for the City of Roanoke Randolph E. Harrison, Ir., WGL/pl VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF ROANOKE IN RE: CITY OF ROANOKE BOARD OF EQUALIZATION In accordance with Section 32-39, Code of the City of Roanoke, Virginia, and Section 58.1-3370 of the Code of Virginia, of 1950, Randolph E. Harrison, Jr., Willard G. Light and Rutledge W. Robertson, freeholders and citizens of the City of Roanoke, Virginia, are hereby appointed to the Board of Equalization of Real Estate Assessment for the City of Ro~n,~oke, Virginia, for an dd~tlonal term beginning March 1, ~, as provided by law; but before entering upon their duties as such, each shaII take and subscribe the oath of office prescribed by law and shall complete the requirements of serving on'a board of equalization required by law. It appears and the Court finds that the herein appointees have completed the required basic course of instruction given by the Department of Taxation under Section 58.1-20'6 of the Code of Virginia. It is further ADJUDGED ORDERED and DECREED that each member of the Board of Equalization of Real Estate Assessment shall be compensated for this duties as such rate as may be fixed by City Council as required by law, and they shall be provided such secretarial and logistical support as Council feels appropriate. Robert P. Doherty, Jr.~/~dge Ri'chard -C. Patti~ ~u~_ ~e A COPY TESTE ARTHUR B CRUSH III CLERK B~-a~J~"t~~ t v Clerk Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 10, 2000 File #79-162-214 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: A report of the Water Resources Committee recommending that the City Manager be authorized to advertise a public hearing, and lacking any comments to the contrary, execute an extension of the lease agreement with Jefferson Center Foundation for a 40- year term, beginning June 1, 2001, was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. On motion, duly seconded and adopted, Council concurred in the recommendation and a public hearing will be held on Monday, August 21,2000, at 7:00 p.m., or as soon thereafter as the matter may be heard in the City Council Chamber. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: James D. Grisso, Director of Finance Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator Jefferson Center Foundation, 541 Luck Avenue, S. W., Roanoke, Virginia 24016 C:~MyFiles',JULY3COR. WPD Roanoke City Council Regular Agenda Report '00 Ob'~:~ 27 ~9'~' ~ July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Jefferson Center Lease Extension The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to advertise for four (4) consecutive weeks and hold a public hearing. Lacking any comments to the contrary, authorize the execution of an extension to the lease agreement with Jefferson Center Foundation, in a form acceptable tothe City Attorney, for a 40-year term, beginning June 1, 2001. All other terms of the existing lease will remain unchanged. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: City Clerk City Attorney Director of Finance Engineering Coordinator Jefferson Center Foundation, 541 Luck Avenue, Roanoke, VA 24016 #00-348 Water Resources Committee Regular Agenda Report To: From: Subject: June 19, 2000 K~i~Bembers, Water Resourca~ Coal~~ee . ~,se~r~, D~ec?. ~ ~~perations t;~FD~r~nOeNL~~m, City Manago~;ENTER LEASE EXTENSION Background: The original Lease with the Jefferson Center Foundation (JCF) was authorized by Ordinance No. 30739-102189 on October 21, 1989. The lease was for a 40-year term beginning November 1, 1991. The lease rate is $10.00 per year. An agreement for the provision of funds for renovation of a portion of the building was authorized by Ord. No. 433084-111698. Considerations: Financing for the renovation requires a 40-year lease from the time the renovation is completed; therefore JCF has requested that the City consider extending the lease by approximately 8 ~ years. The requested term would be for 40 years and begin June 1, 2001. See Attachment 1. Recommended Action(s): Advertise for four (4) consecutive weeks and hold a public hearing. Lacking any comments to the contrary, authorize the execution of an extension to the lease agreement with Jefferson Center Foundation, in a form acceptable to the City Attorney, for a 40-year term, beginning June 1, 2001. All other terms of the existing lease will remain unchanged. DLB/KBK/SEF Attachment(s): I CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Jefferson Center Foundation, 541 Luck Avenue, Roanoke, Virginia 24016 #00-348 H:\USER\COMMON\Council\Fitton~JeffCtr. ls Art performed within a work of art May 17, 2000 Ms. Darlene Burcham, City Manager City of Roanoke 215 Church Avenue, Room 364 Roanoke, Virginia 24011 RE: Jefferscn Center Lease - 11/1/91 Dear Darlene: As you are aware, we are well underway with our renovation of the Jefferson Center creating an exciting venue for performances in Roanoke at the Shaftman Performance Hall. The financing we are currently working on requires that we have a 40 year lease from the time the renovation is completed. Specifically, the Jefferson Center Foundation (JCF) would request that our lease with the City be extended. We wish the extension to be for a period of 40 years effective on June 1, 2001. While the extension will not be effective until next year, we are seeking Council approval at this time so as to include it in our financing package. This is an extension only and is not a request of any other terms of our agreements with the City. The Council and your support for the Jefferson Center and its efforts are greatly appreciated. The JCF Board looks forward to many years of continued service to the City of Roanoke and its citizens. If you have any questions, please contact me or Jane Stephenson at 344- 5681. Thank you in advance. Sincerely, Warner Dalhouse Acting Chairman Cc'~/~t B. Kiser 541 Luck,qvenue · Suite 100 · Roanoke, Iqrginia 24016 · 540-343-2624 · FAX540-343-3744 Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Relocation of a Portion of an APCO Easement for Mill Mountain Visitors Center The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, relocating a portion of an APCO easement across City-owned property, and abandoning a portion. Said easement shall be for the purpose of installing underground cable to provide electric service to the Visitors Center. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: CC: City Clerk City Attorney Director of Finance Engineering Coordinator #00-342 Water Resources Committee Regular Agenda Report June 19,2000 To: From: Subject: Members, Water Resoq:lces C~i~tee ~'~. Kiser~,Dir,e~(~~& Operations thru Darlen~-'~L.EUSf~har~, City Manager Relocation 3f a Portion of an APCO Easement for Mill Mountain Visitors Center Background: Appalachian Power Company (APCO), doing business as American Electric Power, has requested an easement to relocate an existing overhead power line located on the Mill Mountain Visitors Center site to provide electric service to the Visitors Center. (See Attachment #1.) A portion of the existing easement and line will be abandoned. Approval of this request will provide for underground service to the Visitors Center. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, relocating a portion of an APCO easement across City-owned property, and abandoning a portion. Said easement shall be for the purpose of installing underground cable to provide electric service to the Visitors Center. Attachment(s): I CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-342 H:\USER\COMMON\Council\Fitton\MillMtn.aep ATTACHMENT 1 MAP NO. 3780-302 C-1 PROPERTY NO. 1 FAS NO. THIS AGREEMENT, made this 14th W. O. 750-0413 J. O. 00-1057 day of April , 2000, by and between the CITY OF ROANOKE, a municipal corporation existing under the laws of the Commonwealth of Virginia, herein called "GRANTOR," and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "APPALACHIAN." WITNESSETH: THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the receipt of which is hereby acknowledged, the GRANTOR hereby gives license and permit to APPALACHIAN, its successors and assigns, and the right, privilege and authority to said APPALACHIAN, its successors and assigns, to construct, erect, operate, and maintain a line or lines for the purpose of transmitting electric power overhead and underground on the property of the City of Roanoke, further identified on Roanoke City Tax Map number 4050306 in the City of Roanoke, Virginia. BEING a right of way and easement, in, on, along, through, across or under said lands for the purpose of providing service to the Mill Mountain Visitors Center, as shown on that certain Appalachian Power Company Drawing V-1071, dated 4-3-00, entitled "Proposed Right of Way on Property of City of Roanoke", attached hereto and made a part hereof. THIS INSTRUMENT PREPARED BY APPALACHIAN POWER COMPANY P. O. BOX 2021, ROANOKE, VIRGINIA 24022 TOGETHER with the right to said APPALACHIAN, its successors and assigns, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of poles, with crossarms, wires, cables, transformers, guys, and anchors in, on, and under the premises above referred to; grounding systems and all other appurtenant equipment and fixtures, underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures and appurtenances (hereinafter called "Appalachian's Facilities"), and string wires and cables, adding thereto from time to time, in, on, along, over, through, across and under the above referred to premises; the right to cut down, trim, clear and/or otherwise control, and at Appalachian's option, remove from said premises any trees, shrubs, roots, brush, undergrowth, overhanging branches, buildings or other obstructions which may endanger the safety of, or interfere with the use of Appalachian's Facilities: the right to disturb the surface of said premises and to excavate thereon: and the right of ingress and egress to and over said above referred to premises and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and for doing anything necessary or useful or convenient in connection therewith. The Grantor hereby grants, conveys and warrants to Appalachian Power Company a non-exclusive right of way easement for electric facilities. In the event APPALACHIAN should remove all of said Appalachian's facilities from the lands of the GRANTOR, then all of the rights, title and interest of the party of APPALACHIAN in the right of way and license hereinabove granted, shall revert to the GRANTOR, its successors and assigns. 2 APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any and ail loss or damage, accidents, or injuries, to persons or property, whether of the GRANTOR or any other person or corporation, arising in any manner from the negligent construction, operations, or maintenance, or failure to properly construct, operate, or maintain said Appalachian's facilities. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors and assigns. Upon recordation of this agreement Appalachian accepts the terms and conditions contained therein. WITNESS the signature of the City of Roanoke by Darlene L. Burcham, its City Manager, and its municipal seal hereto affixed and attested by Mary F. Parker, its City Clerk pursuant to Ordinance No. adopted on CITY OF ROANOKE ATTEST: CITY MANAGER CITY CLERK 3 STATE OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: Commonwealth At Large, do certify that , at Notary Public in and for the City and and , City Manager and City Clerk, respectively, of the City of Roanoke, whose names as such are signed to the writing above, bearing date the day of ,2000, have each acknowledged the same before me in my jurisdiction aforesaid. Given under my hand this day of ,2000. My Commission Expires: NOTARY PUBLIC RItP/CITY OF RI(.E 34111 M'FIg 4 CITY OF ROANOKE, VIRGINIA T. D. 665020 MAP SECT. 3780-302 Cl PROPOSED UNDERGROUND CABLE TO REPLACE ABANDONED OVERHEAD LINE PROPOSED UNDERGROUND SERVICE TO VISITOR'S CTR =ROPOSED POLE 302-4076 PROPOSED OVERHEAD LINE / // EXISTING POLE 302-4047 TO BE REMOVED / / / / , [ vtstroRs I~CENTER, PROPOSED UG PEDEST~ 302-4077 :XISTING POLE 502-3761 PROPOSED UNDERGROUND CABLE TO REPLACE ABANDONED OVERHEAD LINE MILL MOUNTAIN EXISTING POLE 302-3793 APP~a~I. RCHI~:~N POWER C0MPRNY VIRGINIA REGION - ROANOKE. VIR(~INIA PROPOSED RIGHT OF WAY ON PROPERTY OF CITY OF ROANOKE m~mm, LMA ~. m, MJM I m~, 4 - 3- O0 ~c~, NONE · ~=~ ...1... ~ ..3 ..... 0RAW ZNO NO. V-1071 ...\v-107imilhti[n.d.cln Apr. 18, 2000 15:00:15 Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Greater Gainsboro Development Project Temporary Lease of Parking Lots The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the advertisement of a public hearing and, lacking any comments to the contrary, authorize the City Manager to execute an agreement with Norfolk Southern Railway Company, providing for a lease to allow the exchange of parking areas, in a form approved by the City Attorney. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: I CC: City Clerk City Attorney Director of Finance Engineering Coordinator #00-338 Water Resources Committee Regular Agenda Report June 19,2000 To: From: Subject: v~ aember% Water Resources Committee Kit B. K~ser, Dir~,.,ctor pf ~ons thru Darlene L. ~_,3.1~,~ Manager [/ Greater GainsbDro Development Project Temporary Lease of Parking Lots Background: Proposed improvements of the Greater Gainsboro Development Project include devel- opment of a higher education center, an office building, residential property and a parking garage. The higher education center will be completed and operational by August 15, 2000. The parking garage is scheduled to be completed in September 2001. A proposed exchange of operational control of 100 city-owned spaces behind Billy's Ritz for Norfolk Southern Railway Company's (Railway) 66 space lot and 41 spaces along the track from old Second Street to the First Street Bridge will provide additional parking adjacent to the Roanoke Higher Education Center. Considerations: Securing the use of the Railway's parking area will provide an interim solution to the parking needs in this area, with no direct expense by the City. An indirect cost is the loss of revenue that would be generated by the lot behind Billy's Ritz, estimated to be up to $2,750 per month. However, this potential loss of revenue will be wholly or partially offset by the imposition of the attached rate schedule (Attachment #1) on the space leased from the Railway. Authorization is needed to execute an agreement with the Railway. The proposed agreement includes an indemnity provision, therefore a public hearing is required. See Attachment #2. Recommended Action(s): Authorize the advertisement of a public hearing and, lacking any comments to the contrary, authorize the City Manager to execute an agreement with Norfolk Southern Railway Company, providing for a lease to allow the exchange of parking areas, in a form approved by the City Attorney. Attachment(s): 2 CC~ William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fit-ton, Engineering Coordinator H:\USER\COMMON\Council\Fitton\gainsboro.prk #00-338 -~. ~ m m mm m ATTACHMENT 2 NORFOLK BOUTHERN Norfolk Southern Corporation Real Estate and Contract Services 110 Franklin Street, SE Roanoke, VA 24042-0059 L. R. Clingenpeel Sr. Manager Real Estate Phone: (540) 981-4909 FAX: (540) 981-4226 Email: LRC~NSCorp.com Mr. Kit B. Kiser, Director Utilities & Operations City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011-1584 Dear Mr. Kiser: April 4, 2000 File: Roanoke, VA City of Roanoke (Reciprocal Parking Lease) This is in reference to your letter of February 18 and previous discussions concerning the exchange of parking spaces between the Norfolk Southern Railway Company (Railway) and the City of Roauoke (City) to alleviate temporary parking constraints associated with the opening of the Higher EducatiOn Center this fall. In this connection, the Railway and the City agree to the following: 1) For and in consideration of(i) the City's use of the Railway parking area on the north side of the Railway tracks adjacent to Shenandoah Avenue extending from the former Passenger Station westwardly to the old Second Street Crossing including the Railway parking lot situated north of Shenandoah Avenue at the intersection of Shenandoah and old Second Street consisting of an aggregate of approximately 107 parking spaces and (ii) the Railway's use of the City parking lot on the south side of the Railway tracks situated behind the Billy Ritz's Restaurant between Salem Avenue and Norfolk Avenue consisting of approximately 100 spaces, the Railway and the City hereby lease to the other the respective parking areas (Premises). 2) This agreement will be effective the 15t~ day of August 2000 and shall remain in effective until terminated by either party upon thirty (30) days' prior written notice to the other party. 3) The parties hereto accept the Premises in their present condition and agree that all maintenance and repairs needed to keep the Premises in a tenantable condition, including bm not limited to snow and ice removal, shall be the responsibility of the occupying party; however, it is agreed no improvements or alterations of the Premises will be made without the consent of the other party. Notwithstanding the aforementioned, each party shall be responsible for erecting a signboard, or signboards on the Premises it will occupy to clearly indicate the parking is for the exclusive use by its Operating Subsidiary: Norfolk Southern Railway Company Mr. Kit B. Kiser April 4, 2000 Page 2 patrons or invitees. 4) The Railway reserves unto itself, and its permittees, the fight of regress and egress over the Premises hereunder being leased to the City for maintenance of its tracks and appurtenances and the right to maintain, operates, renew or reconstruct upon, under, or over the said Premises any existing pipe, electric transmission, telephone and signal lines, or any other facihties of like character. 5) The Premises shall be used for the purpose of parking of licensed vehicles and for no other purpose. Each part5' hereto agrees to protect and hold the other party harmless from loss, injury, or damage accruing from acts, negligence or default of such patrons and m,~stees, including, withom limitation, the presence of their property upon the said Premises. 6) The parties hereto agree to pay, satisfy, and discharge all claims, judgements or liens for material and/or labor, used or employed by them in connection with the maintenance, repair or improvement of the Premises and to hold the other party harmless from such claims, judgements, or 7) The parties agree the Premises shall not be sublet, in whole or in part, to any other person, finn or corporation. If the preceding is agreeable, please indicate your acceptance by signing in the space provided and returning the duplicate executed counterpart of this letter to me. Sincerely, NORFOLK SOUTHERN RAILWAY COMPANY Accepted this ~ day of April, 2000. CITY OF ROANOKE, VIRGINIA By: Lloyd R. Clingenpeel° ~ Its: Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Surplus City-owned Property Tax Nos. 2012920, 2012939, 2012943, & 2012949 The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the advertisement of a public hearing and, lacking any comments to the contrary, approve the conveyance of Tax Map Nos. 2012920, 2012939, 2012943, & 2012949, containing approximately 0.064 acres to the Roanoke Redevelopment & Housing Authority (RRHA). RRHA is to be responsible for all title work, surveying, plat preparation, and preparation of legal documents in a form acceptable to the City Attorney. LFW:afm Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee Attachments: 1 CC: City Clerk City Attorney Director of Finance Engineering Coordinator RRHA, P.O. Box 6359, Roanoke, VA 24017-0359 #00-327 Water Resources Committee Regular Agenda Report June 19,2000 To: From: Subject: Members= Water Resources Committee ~,,j~/¢-.~ ~. Kiser, Director of Utilitl~.~,-~ie-~ ' thru Darlene L. Burcham, ~ ~ Surplus City-owned Property Tax Nos. 2012920, 2012939, 2012943, & 2012949 Background' The property is located along Gainsboro Road, NW, and was acquired in 1994 as part of the right-of-way for the Second Street/Gainsboro Road/Wells Avenue project. Con- struction has been completed, leaving four small residual parcels. The property is no longer needed by the City and may be disposed of as surplus property. See Attach- ment #1. City Policy requires surplus property to be advertised and sold to the highest bidder if property can be used to construct a separate structure. However, if property is unsuit- able for construction of a separate structure, as is the case with these parcels, it may be offered to an adjacent property owner. Conveyance of real property must be ap- proved by City Council, following a public hearing. The adjacent property owner, Roanoke Redevelopment and Housing Authority (RRHA), has asked that this property be conveyed to them for further development of the Henry Street area. See Attachment #2. Considerations: The property is no longer needed by the City and may be donated to RRHA. When combined with the adjacent property, these parcels would be suitable for development. The City would be relieved of the cost of continued maintenance of the property. Recommended Action(s): Authorize the advertisement of a public hearing and, lacking any comments to the con- trary, approve the conveyance of Tax Map Nos. 2012920, 2012939, 2012943, & 2012949, containing approximately 0.064 acres to the RRHA. RRHA is to be responsi- ble for all title work, surveying, plat preparation, and preparation of legal documents in a form acceptable to the City Attorney. DLB/KBK/SEF Attachments: 2 William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator RRHA, P. O. Box 6359, Roanoke, VA 24017-0359 Report Author: Sarah E. Fitton H:\USER\COMMON\CounciI\Fitton\HENRY-ST.VVPD #00-327 ATTACHMENT 2 50 H oF PARTNERSHIP April 20, 1999 Development Division Mr. Phillip F. Sparks City of Roanoke Economic Development Chief of Economic Development 215 Church Avenue, S.W. Room 357 Roanoke, VA 24011 Re.' Transfer of Proper+..:, Tax Map Numbers 2012920, 2012939, 2012943, 2012949 Dear Mr. Sparks: The property referenced in the attached memo, dated February 18, 1999, was acquired by the City of Roanoke as part of the street widening during the pedestrian bridge construction. Owner information was requested by F.A. Johnson of F. A. Johnson Consulting Group to verify if The Roanoke Redevelopment & Housing Authority is the current property owner. It was clarified in the memo that the current owner of the four questionable properties is The City of Roanoke. Since you serve as a member of the RNDC Board and you are also Director of Economic Development Department, please inform me of the process for RRHA to gain site control of the above referenced tax map numbers. RRHA would like to effectuate transfer of this property as soon as practically possible. The RRHA is in the process of having the property surveyed. I have included a color map so you may conveniently identify the properties in question. Thank you in advance for your cooperation in this matter. If you have any questions please do not hesitate to contact me. My direct number is 983-9204. Sincerely, Katina M. Cummings Project Coordinator Cc: Willard N. Ciaytor, Director Real Estate Valuation F.A. Johnson, Consultant RNDC//F.A. Johnson Consulting Cap. John P. Baker, Executive Director, Roanoke Redevelopment & Housing Authority Ro~nokt Redeoelotrment and Housing Authority P.O. Box 6359 · Raanolot, Virgini~ 24017.0359 2624 Sa/em Turnpike, N.W. · Roanok& Virginia 24017-5334 Telephone (540) 983-9281 · TDD (540) 983.9217 · F~x (540) 983-9Z29 Roanoke City Council Regular Agenda Report 00 .......... July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Relocation of a Portion of an APCO Easement for Governor's School - Patrick Henry High School The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, relocating a portion of an APCO easement across City-owned property, and abandoning a portion. Said easement shall be for the purpose of extending the existing overhead electric power line to provide electric service to the Governor's School. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 CC: City Clerk City Attorney Director of Finance Engineering Coordinator #00-324 Water Resources Committee Regular Agenda Report June 19,2000 To: From: Subject: Members, Water Resources Committee, ~. K,ser, Director of ~:[~sli~ thru Darlene L. Burcham~nage¢' Relocation of a Portion of an APCO Easement for Governor's School- Patrick Henry High School Background: Appalachian Power Company (APCO), doing business as American Electric Power, has requested a fifteen-foot easement to extend an existing overhead power line located on the Patrick Henry High School Governor's School site to provide electric service to the renovated Governor's School. See Attachment #1. A portion of the existing easement and line will be abandoned. Considerations: This request was approved by the School Board on March 7, 2000. Recommended Action(s): Authorize the City Manager to advertise a public hearing and, lacking any comments to the contrary, authorize the execution of the appropriate document, in a form approved by the City Attorney, relocating a portion of an APCO easement across City-owned property, and abandoning a portion of it. Said easement shall be for the purpose of extending the existing overhead electric power line to provide electric service to the Governor's School. See Attachment #2. Attachments: 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Report Author: Sarah E. Fitton #00-324 H:\USER\COMMON\Council\Fitton\PHHS-aep · ATTACHMENT 1 277-3615 300KVA 120/208 PATRICK HENRY HIGH SCHOOL GOVERNOR'S SCHOOL NEW ADOITION NEW EXISTING PROPOSEI BUILDING LINE THI~ PORTIOf~ Of' EXISTING LI~ TO ~ LINe EX~T~K; R~SER POLE 277-3582 3-25T CITY Of' ROANOKE T.O. 665020 laN~ NO. 5780-277-84 AI:NaCII-C~::HIAN POYER COMPRNY VIRC. dNIA RE~ON - ROA~IOK[r VIRGINIA PROPOSED RIGHT OF WAY ON PROPERTY OF ROANOKE CITY SCHOOL BOARD DRAWING NO. V- 1062 '...\v.1062~ecityschoolbd.dgn Feb. 11, 2000 11:02:32 ATTACHMENT 2 GRW 256.UNDGRD-AP - CORPORATIONS Eas No. W.O. No. Line R/W Map No. 37~0-277-B-4 750-0011 Job No. 00-1019 Prop No. Roenoke V~lley Governor's School THIS AGREEMENT, made this 14th day of F~bruary ,20 O0 , by and between City of Roanoke a municipal corporation organized and existing under the laws of the State of Virginia , herein called "Grantor", and APPALACHIAN POWER COMPANY, a Virginia corporation, herein called "Appalachian." WlTNESSETH: That for and in consideration of the sum of One Dollar ($1.00), cash in hand paid to Grantor by Appalachian, the receipt whereof is hereby acknowledged, Grantor hereby grants, conveys, and warrants to Appalachian, its successors, assigns, lessees and tenants, a right of way and easement for an electric power line or lines, and communication lines, in, on, along, through, across or under the following described lands of the Grantor situated in City of Roanoke ,State of Virginia, and bounded: Being a right of way and easement as shown shaded on that certain Appalachian drawing V-1062, dated 2-10-00, entitled "Proposed Right of Way on Property of City of Roanoke," attached hereto and made a part hereof. TOGETHER with the right, privilege and authority to Appalachian, its successors, assigns, lessees and tenants, to construct, erect, install, place, operate, maintain, inspect, repair, renew, remove, add to the number of, and relocate at will underground conduits, ducts, vaults, cables, wires, transformers, pedestals, risers, pads, fixtures, and appurtenances (hereinafter called "Appalachian's Facilities"), in, on, along, through, across and under the above referred to premises; the right to disturb the surface of said premises and to excavate thereon, and to cut down, trim, clear, and/or otherwise control, and at Appalachian's option, remove from said premises, brush, undergrowth, trees, tree roots, shrubs, buildings or other obstructions which may endanger the safety of, or interefere with the use of, Appalachian's Facilities; and the right of ingress and egress to and over said above referred to premises, and any of the adjoining lands of the Grantors at any and all times, for the purpose of exercising and enjoying the rights herein granted, and doing anything necessary or useful or convenient in connection therewith. It is understood and agreed between the parties hereto, that the Grantors reserve the right to use said lands in any way not inconsistent with the rights herein granted. TO HAVE AND TO HOLD the same unto Appalachian Power Company, its successors, assigns, lessees and tenants. It is agreed that the foregoing is the entire contract between the parties hereto, and that this written agreement is complete in all its terms and provisions. IN WITNESS WHEREOF, Grantor has caused its corporate name and seal to be hereto affixed the day and year first above written. CITY Of ROANOKE By City Manager Attest: City Clerk STATE OF ) ) COUNTY OF ) To-wit: The foregoing instrument was acknowledged before me this ,20 O0 , by City_ Manager , of Title day of Dprl~ne L. Burcham Name the City of R~)pnoke. Virginia Notary Public/Commissioner My Commission expires: GR~2~ MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 10, 2000 File #15-110-304 Thomas M. Winn, II, Chair Youth Services Citizen Board 2615 Cornwallis Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Winn: This is to advise you that on June 26, 2000, Elvah D. Taylor 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:Io pc: Marion A. Vaughn-Howard, Secretary, Youth Services Citizen Board C:XMyFiles'JULY3COR.WI~D '00 JUN Z/ P,3:45 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Elvah D. Taylor, 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.) ARTHUR B. CRUSH, III, CLERK ,DEPUTY CLERK C :'uMy Files'~JNE5. WP D MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 10, 2000 File #249 Mr. Moncie D. Smith 609 Woods Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Smith: Your petition appealing a decision of the Architectural Review Board to deny a request for a Certificate of Appropriateness for an existing and proposed new section of vinyl fence at 609 Woods Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. On motion, duly seconded and adopted, Council affirmed the decision of the Architectural Review Board on June 8, 2000, that no Certificate of Appropriateness be issued for the erection of a fence at 609 Woods Avenue, S. W., on the grounds that the proposed fence is not architecturally compatible with the H-2 Distdct and does not enhance the special visual and spacial qualities that the H-2 District was established to protect. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Director, Department of Planning and Code Enforcement C:~MyFile~XJULY3COR. WPD MOTION TO AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ERECT A FENCE AT 609 WOODS AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on June 8, 2000, be affirmed and that no Certificate of Appropriateness be issued for the erection of a fence .~ 609 Woods Avenue, S.W., on the grounds that the proposed fence is not architecturally compatible with the H-2 District and does not enhance those special visual and spatial qualities that the H-2 District was established to protect." MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ERECT A FENCE AT 609 WOODS. AVENUE, "Upon consideration of the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on June 8, 2000, be reversed and that a Certificate of Appropriateness be issued for the erection of a fence located at 609 Woods Avenue, S.W., on the grounds that the fence is architecturally compatible with the H-2 District and would enhance those special visual and spatial qualities that the H-2 District was established to protect." ook H:VZOMOTION840~ VIRGINIA: Attachment IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979) , as amended. 1. Name of the P etitiomar(s): ~~.~'~ ~~ 2. Doing business as (if applicable): Street address of. property subject of this appeal: ~ ~/~ /7%/6 ~h~ is the Overlay zoning (H-i, Historic District or H-2, Neighborhood Preservation District) of property or properties which is the subject of this appeal: Date the hearing before the Architectural Review Board was ~d~ which the decision being appealed was made: Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327,_if H-l, or Section 36.1-345, if H-2): ~./-3~ Description of the request for which the Certificate of Appropriateness was sought from the Architectural Review Board: ~/~/~ ~ /~ ~/4~'?/ f~ Grounds for appeal: Name, title, address and telephone number of person(s) who will represent the Petitioner(s) before City Council: WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) (If not Petitioner(s)): Name: (Print or Type) Signature of Petitioner(s) or, where applicable, representative (s): Name: ~/. -~ (Print or Type) Name: (Print or Type) Name: (Print or Type) Received by: Date: TO BE COMPLETED BY CITY CLERK: I Roanoke City Department of Planning and Community Development June 8,2000 Mr. Moncie Smith and Mt'. Warren Ray 609 Woods Avenue, S.W. Roanoke, VA 24016 Dear Mr. Smith and Mr. Ray: SUBJECT: Application for a Certificate of Appropriateness 609 Woods Avenue, S.W. On June 8, 2000, the Architectural Review Board of the City of Roanoke, Virginia, denied your request to approve the existing plastic fence and proposed new section of fence at 609 Woods Avenue, S.W. The Board based its decision on the following design guidelines, which were adopted by the Board in June 1995: Use traditional materials to build walls and fences, such as... painted wrought or cast iron [and] painted wood.. Do not use chainlink, plastic, fiberglass, or plyWood fences. The existing plastic fence is in violation of Section 36.1-671 of the City Code for failure to obtain a zoning permit. A Certificate of Appropriateness is required in order to obtain a zoning permit for a new fence in the H-2 Neighborhood Preservation District. Since the Architectural Review Board has denied your request for a Certificate of Appropriateness, you must remove the existing plastic fence in order to remedy the zoning violation. If you are aggrieved by the decision of the Architectural Review Board, you have the right to appeal the Board's decision to Roanoke City Council within thirty (30) days of the date of decision. Information about the appeals process is enclosed. If you have any questions, please contact me at (540)853-1522. cc: City Development Assistance Center Old Southwest, Inc. Darlene Burcham, City Manager Chip Snead, Assistant City Manager Evelyn Lander, Director of Planning and Code Enforcement Sincerely, Neil Holthouser, Secretary Architectural Review Board Roanoke City Planning Commission Architectural Review Board Board of Zoning A~oeois Walls and Fences ARCHITECTURAL DESIGN GUIDELINES FOR THE H-2 DISTRICT The retaining wall provides for a level, but elevated front yard, while the fence offers privacy without obscuring the view of the house from the street and sidewalk. Walls and fences are traditional ways of defining residential yards by delineating property lines and by separating public and private outdoor space. These may take the form of retaining walls, low stone walls, wrought-iron fences, wood picket fences, and privacy fenc6s, many of which are important in helping to define the character of the H-2 District. Walls and fences are important space-defining features of many residential neighborhoods in the H-2 District. Walls and fences provide an opportunity to extend the architectural style or character of a building into the surrounding landscape. Hedges and other plant materials often can help soften the enclosure provided by a wall or fence. · Recommended actions or treatments are indicated by · Actions or treatments not recommended and other warnings are indicated by ~'. Retaining E~tisting Features V' Identify and keep all important features and characteristics of historic walls fences, including: · textured masonry · distinctive profile · craftsmanlike details · decorative coping · distinctive gates and steps · traditional bonding pattern and mortar joint profile ~' Do not remove historic features, such as stone retaining walls and wrought-iron fences.  texture ~~~.~ Characteristic features of fences and walls. A4aterials I/Use traditional materials to build walls and fences, such as: · unpainted brick · unpainted stone · painted wrought or cast iron · painted wood · combinations of masonry with wood or metal Examples of appropriate masonry walls and walls combined with iron fencing and plant materials. I/Retain and maintain existing boundary hedges whenever possible that contribute to the charac- ter of a property or the historic district. ~ Build retaining walls, where necessary, of stone, reinforced or fully bonded brick, or masonry veneer over reinforced concrete block. Decorative concrete block that matches that m the district is also acceptable. Logs and railroad ties may be appropriate for edging planting beds or for landscape steps, but should not be used for retaining walls that will be visible from the street. ~' Do not u,e chainlink, plastic, fiberglass, or plywood fences, nor concrete or concrete block walls within the historic d. istrict. Where these are existing, remove them whenever feasible, either when making repairs or undertaking a comprehensive rehabilitation. Height V' Use walls that range in height from 1'-0" to 4'-0". The recommended height for retaining walls used with or without fencing, or freestand- ing walls, is 2'-6". CITY OF ROANOKE DEFINITIONS Coping. The protective cap or top of a wall, often of concrete or stone. Picket. A partial column or post engaged with a wall. Picket fence. A fence formed of wood or metal pickets, generally spaced a uniform distance apart, that provides varying degrees of visual screening or enclosure. Pier. A column, typically square in shape, that supports a concentrated weight above. Privatyfe~ce, ^ fence formed of boards or pickets arranged in a solid or overlapping manner to provide visual screenin~ Rehabilitation. Making possible a compatible new use for a building through repair, alterations, or additions while preserving portions or features that are important to the building's historic or architectural character. Streetscape. The overall appearance of buildings, signs, lights, plantings, and other elements along a street. Walls -and Fences The Architectural Design Guidelines for the H-2 District were prepared for the City of Roanoke by Land and Community Associates of Charlottesville, Virginia. For additional information, please contact: City Department of Community Planning and Development, Room 162, Municipal Building 215 Church Avenue, S.W. 981-2344. FOR ADDITIONAL INFORMATION... Refer to other brochures in this series on the following related subjects: Basic Design Principles · Masonry Features and Walls · Painting · Walks, Romps and Stairs · Lighting, Utilities and Trash Containers · Additions and Auxiliary Structures · New Construction · Parking Areas ~/Use picket fences that range in height from 2'-6" to 4'-0". The recommended height for picket fences in front yards is 3'-6". I/Use privacy fences that range in height from 4'-0" to 6'-0". The recommended height for privacy fences in rear yards is 6'-0". ~/Limit the height of fences as follows: · front yard: 4'-0" · side yard: 4'-0" - 6'-0" · rear yard: 6'-0" Other Design Considerations ~ Choose a fence design that relates to the character of your house or building. In addition, if both picket and privacy fences are used, make sure that the designs relate to each other. ~ Respect the character of the streetscape when deciding: · whether or not to use a wall or fence · what materials are appropriate to your house and neighborhood · the height, location, and design of the wall or fence ~ Give fencing in a front yard an open character by using a simple iron or wood picket design. Examples of appropriate iron fences. I/Ensure that wood fence posts either have a solid cap or are sloped to shed water and prevent deterioration. t/Choose a compatible profile and appearance for wood fence posts that are in the same plane as the pickets. Posts located behind the line of pickets and are not a major visual element may be of a simpler design as long as they shed water. Examples of appropriate wooden picket fences. I/Size p. icket fence elements appropriately. Iron pickets should be spaced 3" to 6" apart. Wood pickets should be 1-1/2" to 3-1/2" wide with a space between the pickets ranging from one-half to equal to the picket width. Appropriate picket spacing. V' Keep walls in a front yard low in height (2'-6" or less) or combine them with picket fencing placed between solid piers. I/Consider planting vegetation adjacent to walls and fences to soften their appearance. ~ Orient all fences so that the posts, rails, and braces face into the property and the finished side or pickets face the public right-of-way or the adjacent neighbor. l l[lllllll Alwaysplacethefinishedsideof the fence toward the street or ~z~ ,~ the neighboring yard. Keep the I Ill ~ }~J ~ structuralside of the fence facing the interior of the yard. ,.~private side public sidt ~ Where fences are seen from public rights-of way, they should be painted an appropriate color. Iron fences should be black or dark green; wood fences may be white, dark green, or a color taken from the building color scheme--provided it is subdued in character. X Do not use wood privacy fences in a residen- tial front yard. Alternatives include: · wood picket fences o- hedges or shrubs · decorative iron fences · other plantings Examples of appropriate privacy fences. X Do not allow fences or walls to conceal or visually overpower nearby buildings. Maintenance I/Repoint brick or stone walls that have deteriorated mortar. See Masonry features and Walls for information on proper repointing techniques. ~ Prevent water damage to masonry walls by properly grading the ground at their base and by maintaining wall caps or copings. I/Replace missing items from cast- or wrought- iron fences by finding suitable replacements in a salvage yard or by having them recast. Roanoke City Council July 3, 2000 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Petition from Moncie Smith appealing a decision by the Roanoke City Architectural Review Board to deny a Certificate of Appropriateness for an existing fence at 609 Woods Avenue, S.W. Background: On Thursday, June 8, 2000, the Roanoke City Architectural Review Board denied a request from Moncie Smith for a Certificate of Appropriateness for an existing fence at 609 Woods Avenue, S.W. The fence in question was constructed without a zoning permit and without a Certificate of Appropriateness from the Board, in violation of Section 36.1-671 (a) and Section 36.1-345(a) of the City Code. (See Attachment A.) The Board denied the request by a 4-1 vote. (See Attachment B.) The Board based its decision on the H-2 Neighborhood Preservation District Design Guidelines, which were adopted by the Board in 1995. The guidelines state: "Use traditional materials to build walls and fences, such as... painted wrought or cast iron [and] painted wood .... Do not use chainlink, plastic, fiberglass, or plywood fences." The subject fence is constructed of 4x4" wood posts with plastic fencing material to simulate vertical wood panels. (See Attachment C.) Following the Board's decision, the Secretary to the Architectural Review Board sent a written notice to the applicant informing him of his right to appeal the decision to Council under Section 36.1-642(d) of the City Code. (See Attachment D.) Considerations: 1) Zoning permits are required for all new fences constructed in the city. This requirement is not unique to the H-2 Neighborhood Preservation District. Zoning permits are necessary to ensure that fences comply with all setback and height requirements, which bear directly on issues of public health, safety and welfare. For example, tall solid fences pose significant security concerns for police and rescue personnel, while fences located at intersections may obstruct views of oncoming vehicular traffic. The subject fence was constructed without a zoninq permit and is therefore in violation of the City Code. 2) A Certificate of Appropriateness is required for all new fences constructed in the H-2 Neighborhood Preservation District. The H-2 District was established by City Council in 1987 to preserve, protect, and enhance areas of the city recognized as having special architectural, historical, and cultural significance. The Architectural Review Board accomplishes this by reviewing proposed alterations and issuing Certificates of Appropriateness. The subject fence was constructed without a Certificate of Appropriateness and is there fore in violation of the City Code. 3) 5) Residents of the H-2 District have repeatedly expressed their desire for aggressive code enforcement. In November, 1999, the Board held a public forum to discuss citizen concerns regarding the administration of the H-2 District. More than 35 citizens attended the forum. Most expressed concern that the City was not doing enough to enforce the existing regulations. In response to these and other concerns, the City and the Board have implemented several reforms to ensure better compliance with the district regulations. In October, 1999, the City hired an additional planner to serve as Secretary to the Architectural Review Board and work directly on historic district issues. The City is in the process of hiring an additional zoning inspector to help strengthen code enforcement. The Board has taken several steps to streamline its design review process and provide more technical assistance to property owners. As a result, the number of approvals has increased while the average approval time has been sharply reduced. (See Attachment E.) The applicant in this case chose not to enter into the design review process and seek Board approval, in direct violation of the City Code. When offered a chance to do so by City staff, the applicant declined. Only after a notice of violation was issued did the applicants submit a request for a Certificate of Appropriateness. The subject fence does not conform to the City's design guidelines for the H-2 District. In 1995, after a two-year process of public participation and input, the Architectural Review Board adopted design guidelines for the H-2 District. The guidelines clearly state that plastic fences are not compatible with the H-2 District. (See Attachment F.) The design guidelines are meant to protect the integrity of the district, guide the Board's decisions, and assist property owners in planning their projects. The guidelines are not absolute. Property owners who propose to deviate from the guidelines may petition the Board for approval and present their case in a public meeting. The Board weighs public comment, prior experience, professional expertise, and the impact of the project on the neighborhood in reaching its decision. The Board held a public meeting on May 11, 2000, to hear the applicant's request for a Certificate of Appropriateness. The applicant did not attend the meeting. Rather than make a decision in the applicant's absence, the Board continued the matter until its June 8 meeting. Mr. Smith attended the June meeting but chose not to speak on the matter. Two citizens spoke in opposition to the request, while one spoke in favor. A majority of the Board agreed that the fence is not compatible with the H-2 District and denied the request by a vote of 4 to 1. The Architectural Review Board will hold a neighborhood forum to discuss the design guidelines and consider changes. The H-2 guidelines are generally consistent with those used by other communities. However, the H-2 District has undergone considerable change and improvement since the guidelines were adopted in 1995. Several residents have expressed an interest in revising and updating the guidelines to reflect current conditions and future development within the district. Substantial public participation and input will be necessary to consider changes to the guidelines. The Board anticipates that such a process will require a minimum of six months. A date for the neighborhood forum has not been set. In August of this year, the City Planning Department will begin developing a neighborhood plan for Old Southwest. The purpose of the plan is to establish a long-term vision for the neighborhood, rectify any incorrect zoning, recommend physical improvements, and link Old Southwest to the downtown area. The plan will require substantial public participation and input. As part of the plan, the City and the Architectural Review Board will consider and incorporate any changes to the H-2 design guidelines as necessary to implement the plan. It is expected that the revised design guidelines will be presented to City Council for adoption. Recommendation: The Architectural Review Board recommends that City Council uphold the Board's decision in this matter. The Board invites Council members to participate in the upcoming neighborhood planning process and help shape the future of Roanoke's downtown neighborhoods. Sincerely, Roanoke City Architectural Review Board Roanoke City Ardhitectural Review Board Attachments: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Section 36.1-671 and Section 36.1-345 of the City Code Draft copy of the minutes from the June 8, 2000 ARB meeting Application for Work in a Historic District Notice of the Architectural Review Board's decision Summary of ARB Activity, year to date H-2 Design Guidelines, Walls and Fences ATTACHMENT (A) Code of the City of Roanoke, Virginia ZONING Sec. 36.1-671. Zoning permit required; prerequisites to issuance. (a) No person shall erect, construct, reconstruct, move, demol- ish, add to or structurally alter any building or other structure without a zoning permit therefore issued by the zoning administrator. (b) The use made of property may not be changed and clearing, ga'ading or excavating may not be commenced without a zoning permit therefore issued by the zoning administrator. (c) A zoning permit shall not be issued by the-zoning adminis- trator except in strict conformity with the provisions of this chap- ter, and, where development plan review is required, no zoning permit shall be issued until such plan has been approved. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-345. District regulations; certificate of appropri- ateness. (a). In order to encourage the preservation and enhancement of the district and encourage the rehabilitation and new construc- tion in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, demolition, moving, reconstruction, alteration, restoration, or en- largement or reduction of a structure, or building, shall be un- dertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein. Sec. 36.1.25. Definitions. For the purpose of this chapter certain terms and wor~.ds used her.ein shall be defined as follows: Structure: Anything which is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include walls, buildings, fences, signs, and swimming pools. ATTACHMENT (B) DRAFT Roanoke City Architectural Review Board June 8, 2000 Minutes The regular meeting of the Roanoke City Architectural Review Board was held on Thursday, June 8, 2000, in the City Council Chamber. The meeting was called to order at 4:05 p.m., by Robert Manetta, chairman. Attendance was as follows: Present: Alison Blanton Kevin Deck Lawrence Johns Robert Manetta Matthew Prescott Absent: David Bandy Don Harwood The following items were considered: 1. Approval of Minutes - May 11, 2000 There being no additions and/or corrections, motion was made by Mr. Deck, seconded by Ms. Blanton and approved 5-0, to approve the May 11, 2000 minutes. Request from Geraldine Sutherland for a Certificate of Appropriateness approving an existin~ fence at 615 Woods Avenue, S.W. Mr. Holthouser presented the background of the request, which is contained in the staff report attached to these minutes as Attachment 1. He noted that certificates for fencing were normally something that staff could approve, however, in this case, material not specified in the guidelines had been used. He said that it was up to the Board to determine if those materials were compatible. Mr. Manetta asked if Ms. Sutherland was present. Mr. Holthouser said she was not. He advised, however, that he had received a call from a neighbor who expressed the opinion that the fence was attractive and should be approved. Mrs. Joel Richert (415 Allison Avenue, SW) appeared before the Board and quoted the section of the 1995 design guidelines which recommended against the use of chainlink, plastic, fiberglass or plywood fences. She said that guidelines were only five years old and the type fencing material used on Woods Avenue was available in 1995. She asked that the request be denied. She suggested that if the Board wanted to change their guidelines, they should do so at a later date and she felt the guidelines were there for a purpose. Architectural Review Board Minutes June 8, 2000 Page 2 Mr. Herb Smith (Highland Avenue) appeared before the Board. He said that fencing had not had time to age and noted the probability of deterioration of the material after a few years. Mr. Manetta said that if the Board wanted to veer from the guidelines, they must be specific. Mr. Deck said that he had been concemed about the appearance of the material over time. He said that a lot of new material was being introduced, however, the drafters of the guidelines had attempted to exclude certain materials. He said he did not feel the Board needed to stray from the guidelines. He also said he wanted to acknowledge that some Board members felt that architecture should be about the time it was built. Mr. Deck said there were a lot of synthetic materials on the market and for him there was a discernible difference in the details between the way a vinyl molded plastic fence is constructed compared to the way a fence looks. He said that board fences required a little bit of maintenance but added character. He said that he felt the Board should to their best to maintain traditional material in side and front yards and he was not in favor of straying from the guidelines. Mr. Manetta pointed out that the Board's guidelines had not been by City ordinance, thus allowing the Board the option to veer from them. He said he was not opposed to veering from the guidelines as long as it is done precisely and clearly. He said that the design under the Board's consideration surprised him and from the street it looked like wood. Mrs. Blanton agreed that the fence looked better than expected. She talked about National Register nominations and said that when nominating any property, the overall integrity of the entire district was part of the consideration. She said that fencing and sidewalks created character for a neighborhood and fences were important details. She said that fences were reversible and not part of the house itself, however, she felt strongly about the overall material and character of the neighborhood. There being no further discussion, Mr. Deck moved to approve the application. The motion was seconded by Mr. Johns. Mr. Holthouser said that if the Board approved the request, he would like the motion to give the reasons why they had veered from their guidelines. There was further discussion on how to word the motion and consequently, Messrs. Deck and Johns withdrew their motion and second. There was further discussion about the type of fence that was being and Mr. Holthouser referred the Board to the photograph. He said that no other details had been provided by the applicant, however, he felt enough information had been provided for the Board's action. Mr. Prescott moved to deny the request because the material was not compatible with the guidelines. Mr. Talevi suggested that the motion be made to grant the request. Ms. Blanton moved that although fences were routinely approved by staff, due to the material of this application being in conflict with the guidelines, the Board chooses to Architectural Review Board Minutes June 8, 2000 Page 3 review the application and approve it as submitted. The motion was seconded by Mr. Johns. A roll call vote was taken and the motion was failed by a vote of 4-1. Mrs. Blanton - no Mr. Deck - no Mr. Johns - no Mr. Prescott - no Mr. Manetta- yes o Request from Moncie Smith for a Certificate of Appropriateness approving an existing fence at 509 Woods Avenue, S.W. Mr. Holthouser said this request had also been continued from the Board's May 11th meeting. He gave the staff report which is attached to these minutes at Attachment 2. Mr. Manetta asked the applicant, Mr. Smith, if he wished to make comments. Mr. Smith declined. Mrs. Joel Richert (415 Allison Avenue, SW) appeared before the Board and stated that guidelines had been developed in 1995 and plastic was not appropriate at that time. She said that she did not see where the material was appropriate for the neighborhood. - ..... Mr. Herb Smith appeared before the Board and sated that the fence contained a larger expanse of plastic than the previous request. Mrs. Carolyn Otterman (601 Allison Avenue, SW) appeared before the Board and said she was amazed at the discussion of how important it was to follow the guidelines when several months ago she appeared before the Board and the Board chose not to follow the guidelines. She said that the guidelines called for review of landscaping materials and the Board had chosen not to follow that guideline. She also said the Board had approved wooden fences that had been up for 3-5 years and were falling down. She said the vinyl fence was attractive and she would much rather see the proposed fence than one that was leaning or warped. She also noted that a few years ago the Board had approved PVC pipe banisters. She said that all types of materials were being used in the neighborhood. She said she thought both applicants were trying to fix up their properties. She said that if the Board was going to follow the guidelines they should follow every guideline and she said the Board was not being fair. Mr. Manetta said that the Board had an opinion from their attorney that they did not have control over landscaping. There being no further discussion, Mr. Deck moved to approve the application as presented. The motion was seconded by Mr. Johns. By a roll call vote of 4-1, the motion failed. Mrs. Blanton - no Mr. Deck - no Mr. Johns - no Mr. Prescott - no Mr. Manetta- yes ATTACHMENT ~ Roanoke City Departtnent ot P~anmng and Community Development Room )66, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 MEMORANDUM June 8, 2000 TO: Robert Manetta, Chair Members, Architectural Review Board FROM: Neil Holthouser, City Planner/Secretary Request from Moncie Smith and Warren Ray for a Certificate of Appropriateness approving an existing fence at 609 Woods Avenue, S.W. Baclce~ round This item was continued from the May 11, 2000, meeting of the Architectural Review Board. On March 3, 2000, the City Zoning Inspector cited the above-named property owner with violating the zoning code by 1) building a fence without obtaining a zoning permit; and 2) failing to obtain a Certificate of Appropriateness for exterior alterations in the H-2 zoning district. On April 10, 2000, the applicant submitted to the Planning Department an application for a Certificate of Appropriateness approving the existing fence at 609 Woods Avenue, S.W. - Project Summary_ The existing fence is located along the side and rear property lines. The side (west) yard fence is constructed of 4 x 4" treated lumber posts with plastic fencing material to simulate wrought iron; the rear (north) fence, which has not been completed, is constructed of 4 x 4" treated lumber posts with plastic fencing material to simulate vertical 6" wood boards. The applicant requests that the existing fence be approved. In addition, the applicant requests approval to complete the rear section of fence and construct new sections along the east side yard and across the front, as described in the application. Staff Comments The Architectural Review Board's design guidelines for the H-2 district state: "Use traditional materials to build walls and fences, such as... painted wrought or cast iron [and] painted wood... Do not use chainlink, plastic, fiberglass, or plywood fences..." Staff believes that the current fence and proposed new sections offence do not meet the Board's design guidelines. Roanoke City' Planning Commission Architectural Review Board Board of Zoning Appeals ~ VI~INIA, CHARTE .ED ISKE ATTACHMENT (C) ROANOr~ CITY ARCHITECTURAL REVIEW BOARD Neil Holthouser, City Planner/Secrelary (540) 853-1522 (FAX) 853.1230 Application for Work in a Historic District The Roanoke City Architectural Review Board (ARB) reviews all exterior changes to properties in the H-1 and H-2 historic districts. In most cases, a Certificate of Appropriateness is required prior to beginning work. A Certificate is not required for routine maintenance or repair if the odginal design is not changed. The ARB Secretary will review your application and determine if a Certificate is required. Property Owner: Moiling Address: ('c~G ~ /~. Address: (,,oq woo~, ^,,e, Tax No.: //~ / ~ 1 7- Zoning: H-1 District: H-2 District: Phone: Representative: Mailing Address: Phone: DESCRIPTION OF WORK: Use the space below to describe your project. Include all proposed changes, specifying all details, dimensions and materials. Attach photographs, scaled drawings, and/or material samples. This application must be completed in ink. Incomplete applications will not be considered for approval. The applicant is responsible for meeting all other provisions ~'s building and zoning codes prior to beginning work. wner's signature) (representative's signature) Date: OFFICIAL USE ONLY Is a Cedificate of Appropriateness required? If NO, the applicant may proceed with the ARB Secretary's signature. Photographs and/or material samples are required for verification. Secretary: Date: Permit No.: ATTACHNtENT (D) Roar e City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. 12oanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 June 8, 2000 Mr. Moncie Smith and Mr. Warren Ray 609 Woods Avenue, S.W. Roanoke, VA 24016 Dear Mr. Smith and Mr. Ray: SUBJECT: Application for a Certificate of Appropriateness 609 Woods Avenue, S.W. On June 8, 2000, the Architectural Review Board of the City of Roanoke, Virginia, denied your request to approve the existing plastic fence and proposed new section of fence at 609 Woods Avenue, S.W. The Board based its decision on the following design guidelines, which were adopted by the Board in June 1995: Use traditional materials to build walls and fences, such as... painted wrought or cast iron [and] painted wood.. Do not use chainlink, plastic, fiberglass, or pl&~vood fences. The existing plastic fence is in violation of Section 36.1-671 of the City Code for failure to obtain a zoning permit. A Certificate of Appropriateness is required in order to obtain a zoning permit for a new fence in the H-2 Neighborhood Preservation District. Since the Architectural Review Board has denied your request for a Certificate of Appropriateness, you must remove the existing plastic fence in order to remedy the zoning violation. If you are aggrieved by the decision of the Architectural Review Board, you have the right to appeal the Board's decision to Roanoke City Council within thirty (30) days of the date of decision. Information about the appeals process is enclosed. If you have any questions, please contact me at (540)853-1522. cc: City Development Assistance Center Old Southwest, Inc. Darlene Burcham, City Manager Chip Snead, Assistant City Manager Evelyn Lander, Director of Planning and Code Enforcement Sincerely, Neil Holthouser, Secretary Architectural Review Board r~oanoke City Planning Commission Architectural Review Board Board of Zoning Appeals ATTACHMENT (E) Roanoke City Architectural Review Board SEMI-ANNUAL REPORT June 8, 2000 CURRENT PROJECTS The Architectural Review Board reviews all exterior changes to properties in the H-1 and H-2 historic districts. Large projects, such as new construction, demolition, major additions, and changes to a primary facade, must be approved by the Board, which meets once each month. Smaller projects, such as fences, decks, and routine maintenance, may be approved administratively by the ARB Secretary. Approximately 85 percent of all projects are approved administratively, typically on a same-day basis. The increased volume of administrative approvals reflects staff's efforts to expedite the design review process and limit Board discussion to projects of significant impact. By offering an expedited route to approval, applicants are encouraged to simplify their projects and conform to the Board's design guidelines. Staff recommends that the Board consider additional amendments to further define the administrative approval process, including provisions for the establishment of a Design Review Committee. Proiect Summary: January 1 - June 8, 2000 Proiect Volume: Projects approved 69 10 ARB approvals; 59 Administrative approvals Projects denied 1 Request to replace metal roof with shingles; subsequently amended and approved Projects withdrawn 1 New duplex construction; subsequently redesigned, resubmitted, and approved Projects pending 4 Staff currently working with applicants Total applications 75 Certificates Issued: Number Percent Comments by ARB 10 15% Includes three (3) new construction projects by Secretary 59 85% Average turnaround = 2.7 days in H-1 District 4 6% City Market and Warehouse Row historic districts in H-2 District 65 94% Old Southwest historic district in RM-2 Zone 40 58% Primarily residential in use in C-1 Zone 25 36% Primarily office in use in C-3 Zone 4 6% Central Business District Project Turnaround: ARB approvals 35 days (avg.) ARB meets once each month Administrative approvals 2.7 days (avg.) 63% approved on day of application New construction 62 days (avg.) Three new projects to date; each required two ARB hearings Walls and Fences ATTACHMENT (F) ARCHITECTURAL DESIGN GUIDELINES FOR THE H-2 DISTRICT * CITY OF ROANOKE The retaining wall provides for a level, but elevated front yard, while the fence offers privacy without obscuring the view of the house from the street and sidewalk. Walls and fences are traditional ways of defining residential yards by delineating property lines and by separating public and private outdoor space. These may take the form of retaining wails, low stone walls, wrought-iron fences, wood picket fences, and privacy fences, many of which are important in helping to define the character of the H-2 District. Walls and fences are important space-defining features of many residential neighborhoods in the H-2 District. Walls and fences provide an opportunity to extend the architectural style or character of a building into the surrounding landscape. Hedges and other plant materials often can help soften the enclosure provided by a wall or fence. · Recommended actions or treatments are indicated by · Actions or treatments not recommended and other warnings are indicated by X. Retaining Existing Features ~ Identify and keep all important features and characteristics of historic walls fences, including: · textured masonry · distinctive profile · craftsmanlike details · decorative coping · distinctive gates and steps · traditional bonding pattern and mortar joint profile ~' Do not remove historic features, such as stone retaining walls and wrought-iron fences. xture Materials gate Characteristic features offences and walls. */Use traditional materials to build walls and fences, such as: · unpainted brick · unpainted stone · painted wrought or cast iron · painted wood · combinations of masonry with wood or metal Examples of appropriate masonry walls and walls combined with iron fencing and plant materials. V' Retain and maintain existing boundary hedges whenever possible that contribute to the charac- ter of a property or the historic district. ~ Build retaining walls, where necessary, of stone, reinforced or fully bonded brick, or masonry veneer over reinforced concrete block. Decorative concrete block that matches that in the district is also acceptable. Logs and railroad ties may be appropriate for edging planting beds or for landscape steps, but should not be used for retaining walls that will be visible from the street. g Do not use chainlink, plastic, fiberglass, or plywood fences, nor concrete or concrete block walls within the historic district. Where these are existing, remove them whenever feasible, either when making repairs or undertaking a comprehensive rehabilitation. Height ~/Use walls that range in height from 1'-0" to 4'-0". The recommended height for retaining wails used with or without fencing, or freestand- ing walls, is 2'-6". DEFINITIONS Coping. The protective cap or top of a wall, often of concrete or stone. Picket. A partial column or post engaged with a wall. Picket fence. ^ fence formed of wood or metal pickets, generally spaced a uniform distance apart, that provides varying degrees of visual screening or enclosure. Pier. A column, typically square in shape, that supports a concentrated weight above. Privacy fence. ^ fence formed of boards or pickets arranged in a solid or overlapping manner to provide visual screening. Rehabilitation: Making possible a compatible new use for a building through repair, alterations, or additions while preserving portions or features that are important to the building's historic or architectural character. Streetscape. The overall appearance of buildings, signs, lights, plantings, and other elements along a street. Walls and Fences The Architectural Design Guidelines for the H-2 District were prepared for the City of Roanoke by Land and Community Associates of Charlottesville, Virginia. For additional information, please contact: City Department of Community Planning and Development, Room 162, Municipal Building 215 Church Avenue, S.W. 981-2344. FOR ADDITIONAL INFORMATION... Refer to other brochures in this series on the following related subjects: Basic Oesign Principles · Masonry Features and Walls · Paintino · Walks, Ramps and Stairs · Li~lhting Utilities and Trash Containers · Additions and Auxiliary Structures. New Construction · Parking Areas V' Use picket fences that range in height from 2'-6" to 4'-0". The recommended height for picket fences in front yards is 3'-6". ~/Use privacy fences that range in height from 4'-0" to 6'-0". The recommended height for privacy fences in rear yards is 6'-0". ~/Limit the height of fences as follows: · front yard: 4'-0" · side yard: 4'-0"- 6'-0" · rear yard: 6'-0" Other Desion Considerations ~ Choose a fence design that relates to the character of your house or building. In addition, if both picket and privacy fences are used, make sure that the designs relate to each other. V' Respect the character of the streetscape when deciding: · whether or not to use a wall or fence · what materials are appropriate to your house and neighborhood · the height, location, and design of the wall or fence ~ Give fencing in a front yard an open character by using a simple iron or wood picket design. Examples of appropriate iron fences. ~ Ensure that wood fence posts either have a solid cap or are sloped to shed water and prevent deterioration. ~,t Choose a compatible profile and appearance for wood fence posts that are in the same plane as the pickets. Posts located behind the line of pickets and are not a major visual element may be of a simpler design as long as they shed water. Examples of appropriate wooden picket fences. ~/Size picket fence elements appropriately. Iron pickets should be spaced 3" to 6" apart. Wood pickets should be 1-1/2" to 3-1/2" wide with a space between the pickets ranging l¥om one-half to equal to the picket width. , i Appropriate picket spacin~t. ~/Keep walls in a front yard low in height (2'-6" or less) or combine them with picket fencing placed between solid piers. ~' Consider planting vegetation adjacent to walls and fences to soften their appearance. ~ Orient all fences so that the posts, rails, and braces face into the property and the finished side or pickets face the public right-of-way or the adjacent neighbor. the fence toward the street or the neighborin~l yard. Keep the structural side of the fence facin~l the interior of the yard. private side pubfic side V' Where fences are seen from public rights-of way, they should be painted an appropriate color. Iron fences should be black or dark green; wood fences may be white, dark green, or a color taken from the building color scheme--provided it is subdued in character. X Do not use wood privacy fences irt aresiden- · rial front yard. Alternatives include: · wood picket fences · hedges or shrubs · decorative iron fences · other plantings Examples of appropriate privacy fences. ~ Do not allow fences or walls to conceal or visually overpower nearby buildings. Maintenance ~,/Repaint brick or stone walls that have deteriorated mortar. See Masonry features and Walls for information on proper repointing techniques. ~ Prevent water damage to masonry walls by properly grading the ground at their base and by maintaining wall caps or copings. V' Replace missing items from cast- or wrought- iron fences by finding suitable replacements in a salvage yard or by having them recast. MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 12, 2000 File #249 Ms. Geraldine Sutherland 615 Woods Avenue, S. W. Roanoke, Virginia 24016 D~ar Ms. Suthedand: Your petition appealing a decision of the Architectural Review Board to i:leny a request-for a Certificate of Appropriateness for an existing vinyl fence at 615 Woods Avenue, S. W., was before the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. On motion, duly seconded and adopted, Council affirmed the decision of the Architectural Review Board on June 8, 2000, that no Certificate of Appropriateness be issued for the erection of a fence at 615 Woods Avenue, S. W., on the grounds that the proposed fence is not architecturally compatible with the H-2 District and does not enhance the special visual and spacial qualities that the H-2 District was established to protect. ~"'"~ ~"'~ ~'Sincerely, ~2;}~,,~,.~. Mary F. Parker, CMC City Clerk MFP:Io pc: Darlene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development Evelyn S. Lander, Director, Department of Planning and Code Enforcement C:~,tyFiIe~IULY3COR. WPD MOTION TO- AFFIRM THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO DENY THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ERECT A FENCE AT 615 WOODS AVENUE, S.W. "Based upon the evidence (testimony and documents) presented to this Council at today's ~eadng, I move that the decision of the City of Roanoke Architectural Review Board on , 2000, be affi~.~.~__.ed and that no Certificate of Appropriateness be issued for the erection of JaU;~c8e at 615 Woods Avenue, S.W., on the grounds that the proposed fence is not architecturally compatible with the H-2 District and does not enhance those special visual and spatial qualifies that the H-2 District was established to protect." MOTION TO REVERSE THE DECISION OF THE CITY OF ROANOKE ARCHITECTURAL REVIEW BOARD AND TO GRANT THE REQUEST FOR A CERTIFICATE OF APPROPRIATENESS TO ERECT A FENCE AT 615 WOODS AVENUE, S.W. "Upon consideration of the evidence (testimony and documents) presented to this Council at today's hearing, I move that the decision of the City of Roanoke Architectural Review Board on June 8, 2000, be reversed and that a Certificate of Appropriateness be issued for the erection of a fence located at 615 Woods Avenue, S.W., on the grounds that the fence is architecturally compatible with the H-2 District and would enhance those special visual and spatial qualities that the H-2 District was established to protect." H:\CC~IOTIONS.615 Woe~AveSW($utbaqmd)_?.3.00 VIRGINIA: Attachment 1 uu JUN 22 P3:34 IN THE COUNCIL OF THE CITY OF ROANOKE IN THE MATTER OF PETITION FOR APPEAL This is a Petition for Appeal from a decision of the Architectural Review Board under Section 36.1-642(d) of the Zoning Ordinance of the Code of the City of Roanoke (1979), as amended. 1. Name of the Petitioner(s): C~0cot~ ~o 2. Doing business as (if applicable): Street addres6 of ~roperty~hich is the subject of this appeal: /_~/,~ ~Z~O$ ~;u~_ Overlay zoning (H-i, Historic District or H-2, Neighborhood Preservation District) of property or proper,t/e~s which is the subject of this appeal: e Date the hearing before the Architectural Review Board was h~d at Hbich the decision being appealed was made: Section of the Code of the City of Roanoke under which the Certificate of Appropriateness was requested from the Architectural Review Board (Section 36.1-327, if H-l, or Section 36.1-345, if H-2): ~-/-]~V . Description of the request for which the Certificate Appropriateness was sought from~the, Architectural Review Board: ~D,,~/... ~ ~/~/~ ~ .~f~ 8. Grounds for appeal: Name, title, address and telephone number of person(s) who will represent_the Petitioner(s) before City Council: WHEREFORE, your Petitioner(s) requests that the action of the Architectural Review Board be reversed or modified and that a Certificate of Appropriateness be granted. Signature of Owner(s) Signature of Petitioner(s) (If not Petitioner(s)): or, where applicable, _ re~~ (print or Type) ' ~rint or Type Name: (Print or Type) Name: (Print or Type) TO BE COMPLETED BY CITY CLERK: Received by: Date: ~/,2j~/O Roanoke City Mayor Smith And City Council Members: June 28,2000 I am compelled to write you a letter regarding my neighbor's fence. I live at 617 Woods Ave. in the OLD SOUTHWEST and have lived there for 26 years. Mrs. Geraldine Sutherland my next door neighbor lives at 615 Woods Ave. She and another Neighbor Mr. Moncie Smith ,who lives at 609 Woods Ave., have put a fence on their Property, which is made of vinyl. They have been told by the ARB that a fence being made of vinyl is unacceptable material and Is not allowed in the OLD SOUTHWEST HISTORICAL area. Mrs. Sutherland has only lived in our neighborhood for about nine months and had never lived In Roanoke until she moved here last fall. Mrs. Sutherland is trying to improve here property. She had no idea of any of the ARB regulations when she had the fence installed. Enclosed you will find pictures that show my neighbor's fence. I as a resident of Roanoke City and OSW have no objection to my neighbor's fence. I feel that as a property owner and resident ofOSW I need less government in our lives than More government telling us how we are to live our lives and how to and what to do to our property. Do not get me wrong. I want to see my neighborhood Bloom and not Blight. I've lived here in Old Southwest since April 1974. I have seen Blight over the years and on many Streets in this area we still have Blight. I have even had people to say to me, over the years, are You not afraid to live on Woods Ave.? As a historical district, there are lots of regulations that we have that other citizens of the city do not have to contend with. In May I went to the city office of Building Inspection, Development, Review and Zoning and Ask for a copy of the regulations that would outline what you needed a building permit for. I was ask ,what kind of work I was going to be doing. My reply was not at the present but for future reference of work I might have done. There was a course of conversation between two city employees and myself. When I told the ladies that I was talking to I lived in OSW one lady said To me that she would not live in OSW if someone gave her a fi'ee home in that neighborhood. I want to say again that as a property owner, tax paying citizen of this city I feel that there are to many regulations in OSW now. And that the Guidelines for the ARB need to be reviewed for less control over the home owners rather than more control. I can only think that someday I will be told what color of paint I can paint my house. I had one property owner tell me they lived in hysterical OSW not historical OSW. And I have had several people to tell me they would not live in this area because of all the controls that are in this area of the city. For years I've lived in the 600 block of Woods Ave. and somewhat have let the world go by. But last fall two of my neighbors and I were in my yard talking. When we saw several cares come down the street and park in front of another neighbors house. About six or eight people got out of their vehicles and went into a neighbor's vacant house, that was for sale. The group of people were, with OLD SOUTHWEST INC., a neighborhood group. I feel that none of the persons were interested in buying the home they just wanted to see inside the home. They inspected the outside of the house and I am sure did the same to the inside, but I was not on the inside to know for sure. Then about four or five days later there was a notice from the city on the door of this house, that work ,had been done to the house without proper permits. I can only think that someone from this group had to have contacted the city office of building inspection. I felt what an invasion of my neighbor's home. I am sure the group had no intent to buy the house they just wanted to see inside and had seen the work that had been done to the house. There have been other stories I have heard about people form OSW Inc. policing the neighborhood and reporting people if they were doing work to there homes that they felt was not following the ARB Guidelines. I did not pay much attention to the other stories but this group I saw for myself. I feel what an invasion of ones privacy. Again I want my neighborhood to Bloom not Blight for the area I live in and well as for the city The 600 block of Woods and Allison Ave. is a neighborhood that cares and helps each other. Ex. When people are sick food is taken to them or a project is needed some people pitch in and help. Or a neighbor is needing to go to the doctor someone would take them. This is want a real neighborhood is. We have neighborhood cookouts as well as social gatherings. PEOPLE caring for PEOPLE. Mr. Smith is one of the best neighbors a person could have. He goes out of his way to make this a better place to live. He has cleaned off lots that have grown up and are eyesores, helped senior in neighbors with yard work they could not do. He is an asset to the 600 block of Woods Ave.. the neighborhood of OSW and the city of Roanoke. There are many other things he does, on a regular bases, to help out his neighbors. I feel that there are so many issues that the city has to face each day that are so much more pressing and important than a few feet of vinyl fencing. Neighborhood issues like slum landlords, density in the area, safety issues, sidewalk repair,vacant property growing up and not maintained etc. I am enclosing some pictures of the 600 block of Woods and Allison alley way and of the fence that is being reviewed and the dead end of Woods that is so grown up it looks like a forest. I know I have covered several issues, but I felt I needed to. As due, to work I do not know if I can get offto attend the afternoon council meeting or not. When council hears Mr. Smith's and Mrs. Sutherland's request to council. Again I want my neighborhood to Blossom not Blight. But 1 feel this neighborhood has more pressing issues than a vinyl fence that looks nice. I could ~-~ -~a go on and on but I have taken a great deal of your time now. Thank you, for your time and reading my letter. Thank you for your service to our city and all your efforts. Good luck with the new year as Mayor and city council. Sincerely, Freida Mabe 617 Woods Ave. sw Roanoke, Va. 24016 Roanoke City Council July 3, 2000 Honorable Ralph Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Petition from Geraldine Sutherland appealing a decision by the Ro~r~oke City Architectural Review Board to deny a Certificate of Appropriateness for an existing fence at 615 Woods Avenue, S.W. Background: On Thursday, June 8, 2000, the Roanoke City Architectural Review Board denied a request from Geraldine Sutherland for a Certificate of Appropriateness for an existing fence at 615 Woods Avenue, S.W. The fence in question was constructed without a zoning permit and without a Certificate of Appropriateness from the Board, in violation of Section 36.1-671 and Section 36.1- 345 of the City Code. (See Attachment A.) The Board denied the request by a 4-1 vote. (See Attachment B.) The Board based its decision on the H-2 Neighborhood Preservation District Design Guidelines, which were adopted by the Board in 1995. The guidelines state: "Use traditional materials to build walls and fences, such as... painted wrought or cast iron [and] painted wood .... Do not use chainlink, plastic, fiberglass, or plywood fences." The subject fence is constructed of 4x4" wood posts with plastic fencing material to simulate wrought iron. (See Attachment C.) Following the Board's decision, the Secretary to the Architectural Review Board sent a written notice to the applicant informing her of her right to appeal the decision to Council under Section 36.1-642(d) of the City Code. (See Attachment D.) Considerations: 1) Zoning permits are required for afl new fences constructed in the city. This requirement is not unique to the H-2 Neighborhood Preservation District. Zoning permits are necessary to ensure that fences comply with all setback and height requirements, which bear directly on issues of public health, safety and welfare. For example, tall solid fences pose significant security concerns for police and rescue personnel, while fences located at intersections may obstruct views of oncoming vehicular traffic. The subject fence was constructed without a zoning permit and is therefore in violation of the City Code. 2) A Certificate of Appropriateness is required for afl new fences constructed in the H-2 Neighborhood Preservation District. The H-2 District was established by City Council in 1987 to preserve, protect, and enhance areas of the city recognized as having special architectural, historical, and cultural significance. The Architectural Review Board accomplishes this by reviewing proposed alterations and issuing Certificates of Appropriateness. The subject fence was constructed without a Certificate of Appropriateness and is there fore in violation of the City Code. 3) Residents of the H-2 District have repeatedly expressed their desire for aggressive code enforcement. In November, 1999, the Board held a public forum to discuss citizen concerns regarding the administration of the H-2 District. More than 35 citizens attended the forum. Most expressed concern that the City was not doing enough to enforce the existing regulations. In response to these and other concerns, the City and the Board have implemented several reforms to ensure better compliance with the district regulations. In October, 1999, the City hired an additional planner to serve as Secretary to the Architectural Review Board and work directly on historic district issues. The City is in the process of hiring an additional zoning inspector to help strengthen code enforcement. The Board has taken several steps to streamline its design review process and provide more technical assistance to property owners. As a result, the number of approvals has increased while the average approval time has been sharply reduced. (See Attachment E.) The applicant in this case chose not to enter into the design review process and seek Board approval, in direct violation of the City Code. Only after a notice of violation was issued did the applicant submit a request for a Certificate of Appropriateness. The subject fence does not conform to the City's design guidelines for the H-2 District. In 1995, after a two-year process of public participation and input, the Architectural Review Board adopted design guidelines for the H-2 District. The guidelines clearly state that plastic fences are not compatible with the H-2 District. (See Attachment F.) The design guidelines are meant to protect the integrity of the district, guide the Board's decisions, and assist property owners in planning their projects. The guidelines are not absolute. Property owners who propose to deviate from the guidelines may petition the Board for approval and present their case in a public meeting. The Board weighs public comment, prior experience, professional expertise, and the impact of the project on the neighborhood in reaching its decision. The Board held a public meeting on May 11, 2000, to hear the applicant's request for a Certificate of Appropriateness. The applicant did not attend the meeting. Rather than make a decision in the applicant's absence, the Board continued the matter until its June 8 meeting. The applicant did not attend the June meeting. Two citizens spoke in opposition to the request. A majority of the Board agreed that the fence is not compatible with the H-2 District and denied the request by a vote of 4 to 1. 5) The Architectural Review Board will hold a neighborhood forum to discuss the design guidelines and consider changes. The H-2 guidelines are generally consistent with those used by other communities. However, the H-2 District has undergone considerable change and improvement since the guidelines were adopted in 1995. Several residents have expressed an interest in revising and updating the guidelines to reflect current conditions and future development within the district. Substantial public participation and input will be necessary to consider changes to the guidelines. The Board anticipates that such a process will require a minimum of six months. A date for the neighborhood forum has not been set. In August of this year, the City Planning Department will begin developing a neighborhood plan for Old Southwest. The purpose of the plan is to establish a long-term vision for the neighborhood, rectify any incorrect zoning, recommend physical improvements, and link Old Southwest to the downtown area. The plan will require substantial public participation and input. As part of the plan, the City and the Architectural Review Board will consider and incorporate any changes to the H-2 design guidelines as necessary to implement the plan. It is expected that the revised design guidelines will be pr. esented to City Council for adoption. Recommendation: The Architectural Review Board recommends that City Council uphold the Board's decision in this matter. The Board invites Council members to participate in the upcoming neighborhood planning process and help shape the future of Roanoke's downtown neighborhoods. Sincerely, (.,~-d~obe~B. Manetta, Chairman ~iew Board Kevih A. D~ck, ~'i-c~Chairma-n ' Roanoke City Architectural Review Board Attachments: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Section 36.1-671 and Section 36.1-345 of the City Code Draft copy of the minutes from the June 8, 2000 ARB meeting Application for Work in a Historic District Notice of the Architectural Review Board's decision Summary of ARB Activity, year to date H-2 Design Guidelines, Walls and Fences ATTACHMENT (A) Code of the City of Roanoke, Virginia ZONING Sec. 36.1-671. Zoning permit required; prerequisites to issuance. (a) No person shall erect, construct, reconstruct, move, demol- ish, add to or structurally alter any building or other structure without a zoning permit therefore issued by the zoning administrator. (b) The use made of property may not be changed and clearing, grading or excavating may not be commenced without a zoning permit therefore issued by the zoning administrator. (c) A zoning permit shall not be issued by the' zoning adminis- trator except in strict conformity with the provisions of this chap- ter, and, where development plan review is required, no zoning permit shall be issued until such plan has been approved. (Ord. No. 28611, § 2, 4-27-87) Sec. 36.1-345. District regulations; certificate of appropri- ateness. (a). In order to encourage the preservation and enhancement o£ the district and encourage the rehabilitation and new construc- tion in conformance with the existing scale and character of the district, the architectural review board shall review and approve the erection of new buildings or structures, including signs, the demolition, moving, reconstruction, alteration or restoration, of existing structures and buildings, or reduction in their floor area, including the enclosure or removal of a porch. No such erection, demolition, moving, reconstruction, alteration, restoration, or en- largement or reduction of a structure, or building, shall be un- dertaken without the issuance of a certificate of appropriateness by the board, unless otherwise specified herein. Sec. 36.1,25. Definitions. For the purpose o.f this chapter certain t~rms ~nd word. s used her.ein shall be defined as follows: Structure: Anything which is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include walls, buildings, fences, signs, and swimming pools. ATTACHMENT (B) DRAFT Roanoke City Architectural Review Board June 8, 2000 Minutes The regular meeting of the Roanoke City Architectural Review Board was held on Thursday, June 8, 2000, in the City Council Chamber. The meeting was called to order at 4:05 p.m., by Robert Manetta, chairman. Attendance was as follows: Present: Alison Blanton Kevin Deck Lawrence Johns Robert Manetta Matthew Prescott Absent: David Bandy Don Harwood The following items were considered: 1. Approval of Minutes -May 11, 2000 There being no additions and/or corrections, motion was made by Mr. Deck, seconded by Ms. Blanton and approved 5-0, to approve the May 11, 2000 minutes. Request from Geraldine Sutherland for a Certificate of Appropriateness approving an existing fence at 615 Woods Avenue, S.W. Mr. Holthouser presented the background of the request, which is contained in the staff report attached to these minutes as Attachment 1. He noted that certificates for fencing were normally something that staff could approve, however, in this case, material not specified in the guidelines had been used. He said that it was up to the Board to determine if those materials were compatible. Mr. Manetta asked if Ms. Sutherland was present. Mr. Holthouser said she was not. He advised, however, that he had received a call from a neighbor who expressed the opinion that the fence was attractive and should be approved. Mrs. Joel Richert (415 Allison Avenue, SW) appeared before the Board and quoted the section of the 1995 design guidelines which recommended against the use of chainlink, plastic, fiberglass or plywood fences. She said that guidelines were only five years old and the type fencing material used on Woods Avenue was available in 1995. She asked that the request be denied. She suggested that if the Board wanted to change their guidelines, they should do so at a later date and she felt the guidelines were there for a purpose. Architectural Review Board Minutes June 8, 2000 Page 2 Mr. Herb Smith (Highland Avenue) appeared before the Board. He said that fencing had not had time to age and noted the probability of deterioration of the material after a few years. Mr. Manetta said that if the Board wanted to veer from the guidelines, they must be specific. Mr. Deck said that he had been concerned about the appearance of the material over time. He said that a lot of new material was being introduced, however, the drafters of the guidelines had attempted to exclude certain materials. He said he did not feel the Board needed to stray from the guidelines. He also said he wanted to acknowledge that some Board members felt that architecture should be about the time it was built. Mr. Deck said there were a lot of synthetic materials on the market and for him there was a discernible difference in the details between the way a vinyl molded plastic fence is constructed compared to the way a fence looks. He said that board fences required a little bit of maintenance but added character. He said that he felt the Board should to their best to maintain traditional material in side and front yards and he was not in favor of straying from the guidelines. Mr. Manetta pointed out that the Board's guidelines had not been by City ordinance, thus allowing the Board the option to veer from them. He said he was not opposed to veering from the guidelines as long as it is done precisely and clearly. He said that the design under the Board's consideration surprised him and from the street it looked like wood. Mrs. Blanton agreed that the fence looked better than expected. She talked about National Register nominations and said that when nominating any property, the overall integrity of the entire district was part of the consideration. She said that fencing and sidewalks created character for a neighborhood and fences were important details. She said that fences were reversible and not part of the house itself, however, she felt strongly about the overall material and character of the neighborhood. There being no further discussion, Mr. Deck moved to approve the application. The motion was seconded by Mr. Johns. Mr. Holthouser said that if the Board approved the request, he would like the motion to give the reasons why they had veered from their guidelines. There was further discussion on how to word the motion and consequently, Messrs. Deck and Johns withdrew their motion and second. There was further discussion about the type of fence that was being and Mr. Holthouser referred the Board to the photograph. He said that no other details had been provided by the applicant, however, he felt enough information had been provided for the Board's action. Mr. Prescott moved to deny the request because the material was not compatible with the guidelines. Mr. Talevi suggested that the motion be made to grant the request. Ms. Blanton moved that although fences were routinely approved by staff, due to the material of this application being in conflict with the guidelines, the Board chooses to Architectural Review Board Minutes June 8, 2000 Page 3 review the application and approve it as submitted. The motion was seconded by Mr. Johns. A roll call vote was taken and the motion was failed by a vote of 4-1. Mrs. Blanton - no Mr. Deck - no Mr. Johns - no Mr. Prescott - no Mr. Manetta- yes o Request from Moncie Smith for a Certificate of Appropriateness approving an existing fence at 509 Woods Avenue, S.W. Mr. Holthouser said this request had also been continued from the Board's May 11th meeting. He gave the staff report which is attached to these minutes at Attachment 2. Mr. Manetta asked the applicant, Mr. Smith, if he wished to make comments. Mr. Smith declined. Mrs. Joel Richert (415 Allison Avenue, SW) appeared before the Board and stated that guidelines had been developed in 1995 and plastic was not appropriate at that time. She said that she did not see where the material was appropriate for the neighborhood. - ..... Mr. Herb Smith appeared before the Board and sated that the fence contained a larger expanse of plastic than the previous request. Mrs. Carolyn Otterman (601 Allison Avenue, SW) appeared before the Board and said she was mazed at the discussion of how important it was to follow the guidelines when several months ago she appeared before the Board and the Board chose not to follow the guidelines. She said that the guidelines called for review of landscaping materials and the Board had chosen not to follow that guideline. She also said the Board had approved wooden fences that had been up for 3-5 years and were falling down. She said the vinyl fence was attractive and she would much rather see the proposed fence than one that was leaning or warped. She also noted that a few years ago the Board had approved PVC pipe banisters. She said that all types of materials were being used in the neighborhood. She said she thought both applicants were trying to fix up their properties. She said that if the Board was going to follow the guidelines they should follow every guideline and she said the Board was not being fair. Mr. Manetta said that the Board had an opinion from their attorney that they did not have control over landscaping. There being no further discussion, Mr. Deck moved to approve the application as presented. The motion was seconded by Mr. Johns. By a roll call vote of 4-1, the motion failed. Mrs. Blanton - no Mr. Deck - no Mr. Johns - no Mr. Prescott - no Mr. Manetta- yes ATTACHMENT 1 Roanoke City Deparrm~,~r of Planning and Communify Development Room ]66, Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011 (540) 853-2344 (Fax) 853-123~ MEMORANDUM June 8, 2000 TO: Robert Manetta, Chair Members, Architectural Review Board FROM: Neil Holthouser, City Planner/Secretary Request from Geraldine Sutherland for a Certificate of Appropriateness approving an existing fence at 615 Woods Avenue, S.W. Background This item was continued from the May 11, 2000, meeting of the Architectural Review Board. On March 3, 2000, the City Zoning Inspector cited the above-named property owner with violating the zoning code by 1) building a fence without obtaining a zoning permit; and 2) failing to obtain a Certificate of Appropriateness for exterior alterations in the H-2 zoning district. On April 10, 2000, the applicant submitted to the Planning Department an application for a Certificate of Appropriateness approving the existing fence at 615 Woods Avenue, S.W. Project Summary The existing fence is located in the side yard at 615 Woods Avenue, S.W. The fence is constructed of 4 x 4" treated lumber posts with plastic fencing material to simulate wrought iron. The applicant requests that the existing fence be approved. In addition, the applicant requests approval to construct an additional 1 O-foot section of fence on the opposite (west) side of the house, as described in the application. Staff Comments The Architectural Review Board's design guidelines for the H-2 district state: "Use traditional materials to build walls and fences, such as... painted wrought or cast iron [and] painted wood... Do not use chaintink, plastic, fiberglass, or plywood fences..." Staff believes that the current fence and proposed new section of fence do not meet the Board's design guidelines. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals ATTACHMENT (C) ROA% E aTY ARCH ZECTU L 80 RD Nell Holthouser, CJI7 PJanner/Secretary (540) 853-1522 (FAX) 853-1230 Application for Work in a Historic District The Roanoke City Architectural Review Board (ARB) reviews all exterior changes to properties in the H-1 and H-2 historic districts. In most cases, a Certificate of Appropriateness is required prior to beginning work. A Certificate is not required for routine maintenance or repair if the original design is not changed. The ARB Secreta~ will review your application and determine if a Certificate is required. Address: G ~ 5' ,,~oobs ,~v6.. Tax No.: It"~ ~ =~ I ~ Zoning: H-1 District: H-2 District: Property Owner: ~,~.~,,,~ ~ 7~.~.~o Phone: Mailing Address: ~/¢"/¢~ ~¢-f~ ~dY/-)J--¢cc ~ Representative: Mailing Address: Phone: DESCRIPTION OF WORK: Use the space below to describe your project. Include all proposed changes, specifying all details, dimensions and materials. Attach photographs, scaled drawings, and/or material samples. This application must be completed in ink. Incomplete applications will not be considered for approval. The applicant is responsible for meeting all other provisions of t.,~,e-)City's building and zoning codes prior to beginning work. ~,~.~ ,~'~~ Date: ¢ ? ~'~O (opr's signature) ' (representative's. signature) Date: OFFICIAL USE ONLY Is a Certificate of Appropriateness required? If NO, the applicant may proceed with the ARB Secretary's signature. Photographs and/or material samples are required for verification. Secretary: Date: Permit No.: ~CHA~TE~ED 1~2~ ATTACHMENT (D) ~ke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 June 8,2000 Ms. Geraldine Sutherland 615 Woods Avenue, S.W. Roanoke, VA 24016 Dear Ms. Sutherland: SUBJECT: Application for a Certificate of Appropriateness 615 Woods Avenue, S.W. On June 8, 2000, the Architectural Review Board of the City of Roanoke, Virginia, denied your request to approve the existing plastic fence and proposed new section of fence at 615 Woods Avenue, S.W. The Board based its decision on the following design guidelines, which were adopted by the Board in June 1995: Use traditional materials to build walls and fences, such as... painted wrought or cast iron [and] painted wood... Do not use chainlink, plastic, fiberglass, or plywood fences. The existing plastic fence is in violation of Section 36.1-671 of the City Code for failure to obtain a zoning permit. A Certificate of Appropriateness is required in order to obtain a zoning permit for a new fence in the H-2 Neighborhood Preservation District. Since the Architectural Review Board has denied your request for a Certificate of Appropriateness, you must remove the existing plastic fence in order to remedy the zoning violation. If you are aggrieved by the decision of the Architectural Review Board, you have the right to appeal the Board's decision to Roanoke City Council within thirty (30) days of the date of decision, information about the appeals process is enclosed. If you have any questions, please contact me at (540)853-1522. CC: Sincerely, Nell Holthouser, Secretary Architectural Review Board City Development Assistance Center Old Southwest, Inc. Darlene Burcham, City Manager Chip Snead, Assistant City Manager Evelyn Lander, Director of Planning and Code Enforcement Roanoke City Planning Commission Architectural Review' Board Board of Zoning Appeals ATTACHMENT (E) Roanoke City Architectural Review Board SEMI-ANNUAL REPORT June 8, 2000 CURRENT PROJECTS The Architectural Review Board reviews all exterior changes to properties in the H-1 and H-2 historic districts. Large projects, such as new construction, demolition, major additions, and changes to a primary facade, must be approved by the Board, which meets once each month. Smaller projects, such as fences, decks, and routine maintenance, may be approved administratively by the ARB Secretary. Approximately 85 percent of all projects are approved administratively, typically on a same-day basis. The increased volume of administrative approvals reflects staWs efforts to expedite the design review process and limit Board discussion to projects of significant impact. By offering an expedited route to approval, applicants are encouraged to simplify their projects and conform to the Board's design guidelines. Staff recommends that the Board consider additional amendments to further define the administrative approval process, including provisions for the establishment of a Design Review Committee. Project Summary: January I - June 8, 2000 Proiect Volume: Projects approved 69 10 ARB approvals; 59 Administrative approvals Projects denied 1 Request to replace metal roof with shingles; subsequently amended and approved Projects withdrawn 1 New duplex construction; subsequently redesigned, resubmitted, and approved Projects pending 4 Staff currently working with applicants Total applications 75 Certificates Issued: Number Percent Comments by ARB 10 15% Includes three (3) new construction projects by Secretary 59 85% Average turnaround = 2.7 days in H~I District 4 6% City Market and Warehouse Row historic districts in H-2 District 65 94% Old Southwest historic district in RM-2 Zone 40 58% Primarily residential in use in C-1 Zone 25 36% Primarily office in use in C-3 Zone 4 6% Central Business District Pro,iect Turnaround: ARB approvals 35 days (avg.) ARB meets once each month Administrative approvals 2.7 days (avg.) 63% approved on day of application New construction 62 days (avg.) Three new projects to date; each required two ARB hearings ' ,Walls and Fences ATTACHMENT (F) A R C H I T E C T U R A L D E S I G N G U ~ O E L N E S F O R T H E H - 2 D I S T R I C T -*' C I T Y O F R O A N O K E The retaining wall provides for a/eve/, but elevated front yard, while the fence offers privacy without obscuring the view of the house from the street and sidewa/k. Walls and fences are traditional ways of defining residential yards by delineating property lines and by separating public and private outdoor space. These may take the form of retaining walls, low stone walls, wrought-iron fences, wood picket fences, and privacy fences, many of which are important in helping to define the character of the H-2 District. Walls and fences are important space-defining features of many residential neighborhoods in the I-I-20istrict. Walls and fences provide an opportunity to extend the architectural style or character of a building into the surrounding landscape. Hedges and other plant materials often can help soften the enclosure provided by a wall or fence. · Recommended actions or treatments are indicated by V'. · Actions or treatments not recommended and other warnings are indicated by X. Retaining Existing Features ~/Identify and keep all important features and characteristics of historic walls fences, including: · textured masonry · distinctive profile · craftsmanlike details · decorative coping · distinctive gates and steps · traditional bonding pattern and mortar joint profile X Do not remove historic features, such as stone retaining walls and wrought-iron fences. gate texture Characteristic features of fences and walls. Materials I/Use traditional materials to build walls and fences, such as: · unpainted brick · unpainted stone · painted wrought or cast iron · painted wood · combinations of masonry with wood or metal Examples of appropriate masonry walls and walls combined with iron fencing and plant materials. I/Retain and maintain existing boundary hedges whenever possible that contribute to the charac- ter of a property or the historic district. V' Build retaining walls, where necessary, of stone, reinforced or fully bonded brick, or masonry veneer over reinforced concrete block. Decorative concrete block that matches that in the district is also acceptable. Logs and railroad ties may be appropriate for edging planting beds or for landscape steps, but should not be used for retaining walls that will be visible from the street. X' Do not use chainlink, plastic, fiberglass, or plywood fences, nor concrete or concrete block walls within the historic district. Where these are existing, remove them whenever feasible, either when making repairs or undertaking a comprehensive rehabilitation. Height V' Use walls that range in height from I'-0" to 4'-0". The recommended height for retaining walls used with or without fencing, or freestand- ing walls, is 2'-6". DEFINITIONS Coping. The protective cap or top of a wall, often of concrete or stone. Picket. A partial column or post engaged with a wall. Picket fence. A fence formed of wood or metal pickets, generally spaced a uniform distance apart, that provides varying degrees of visual screening or enclosure. Pier. A column, typically square in shape, that supports a concentrated weight above. Privacy fence. ^ fence formed of boards or pickets arranged in a solid or overlapping manner to provide visual screening. Rehabilitation. Making possible a compatible new use for a building through repair, alterations, or additions while preserving portions or features that are important to the building's historic or architectural character. Streetscape. The overall appearance of buildings, signs, lights, plantings, and other elements along a street. Walls and Fences The Architectural Design Guidelines for the H-2 District were prepared for the City of Roanoke by Land and Community Associates of Charlottesville, Virginia. For additional information, please contact: City Department of Community Planning and Development, Room 162, Municipal Building 215 Church Avenue, $.W. 981-2344. FOR ADOITIONAL INFORMATION... Refer to other brochures in this series on the following related subjects: Basic Oesign Principles · Masonry Features and Walls · Paintin~t · Walks, Ramps and Stairs · Lightin~l, Utilities and Trash Containers · Additions and Auxiliary Structures. New Construction · Parking Areas i,/Use picket fences that range in height from 2'-6" to 4'-0". The recommended height for picket fences in front yards is 3'-6". ~/Use privacy fences that range in height from 4'-0" to 6'-0". The recommended height for privacy fences in rear yards is 6'-0". ~/Limit the height of fences as follows: · front yard: 4'-0" · side yard: 4'-0" - 6'-0" · rear yard: 6'-0" Other Design Considerations ~ Choose a fence design that relates to the character of your house or building. In addition, if both picket and privacy fences are used, make sure that the designs relate to each other. ~/Respect the character of the streetscape when deciding: · whether or not to use a wall or fence · what materials are appropriate to your house and neighborhood · the height, location, and design of the wall or fence ~/Give fencing in a front yard an open character by using a simple iron or wood picket design. Examples of appropriate iron fences. ~' Ensure that wood fence posts either have a solid cap or are sloped to shed water and prevent deterioration. ~ Choose a compatible profile and appearance for wood fence posts that are in the same plane as the pickets. Posts located behind the line of pickets and are not a major visual element may be of a simpler design as long as they shed water. Examples of appropriate wooden picket fences. ~ Size picket fence elements appropriately. Iron pickets should be spaced 3" to 6" apart. Wood pickets should be 1-1/2" to 3-1/2" wide with a space between the pickets ranging from one-half to equal to the picket width. Appropriate picket spacing. ~/Keep walls in a fi'ant yard low in height (2'-6" or less) or combine them with picket fencing placed between solid piers. I/Consider planting vegetation adjacent to walls and fences to soften their appearance. ~/Orient all fences so that the posts, rails, and braces face into the property and the finished side or pickets face the public right-of-way or the adjacent neighbor. Always place the finished side of the fence toward the street or the nei~lhborin~l yard. Keep the structural side of the fence facing the interior of the yard. private side pub ~" Where fences are seen from public rights-of way, they should be painted an appropriate color. Iron fences should be black or dark green; wood fences may be white, dark green, or a color taken from the building color scheme--provided it is subdued in character. X Do not use wood privacy fences ir~ a-residen- tial front yard. Alternatives include: · wood picket fences · hedges or shrubs · decorative iron fences · other plantings Examples of appropriate privacy fences. ~' Do not allow fences or walls to conceal or visually overpower nearby buildings. Maintenance I/Repoint brick or stone walls that have deteriorated mortar. See Masonry Features and Walls for information on proper repointing techniques. ~ Prevent water damage to masonry walls by properly grading the ground at their base and by maintaining wall caps or copings. */Replace missing items from cast- or wrought- iron fences by finding suitable replacements in a salvage yard or by having them recast. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 12, 2000 File #60-121-123 Sandra H. Eakin Deputy City Clerk James D. Gdsso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34906-070300 amending and reordaining certain sections of the 2000-01 General Fund Appropriations, providing for transfer of $7,349.00, in connection with the addition of one full-time Deputy Sheriff position at the Roanoke City Jail. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: The Honorable George M. McMillan, Sheriff Darlene L. Burcham, City Manager C: ~',/lyFil~s~agL Y3 COI~ WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of July, 2000. No~ 34906-07Q300. 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: AoorooHations Public Safety $ 44,354,028 Jail (1-8) ................................................ 9,530,866 Nondepartmental Contingency (9) .......................................... Revenue Grants-in-Aid Commonwealth Shared Expenses (10) ..................................... 1) Regular Employee Salaries 2) VSRS Retirement 3) ICMA Match 4) FICA 5) Medical Insurance 6) Dental Insurance 7) Life Insurance 8) Disability Insurance 9) Pay Raise/ Supplemental Budget (001-140-3310-1002) $ 29,717 (001-140-3310-1110) 3,171 (001-140-3310-1116) 520 (001-140-331 0-1120) 2,313 (001-140-3310-1125) 2,100 (001-140-3310-1126) 185 (001-140-3310-1130) 238 (001-140-3310-1131) 103 (001-300-9410-1152) (7,349) $ 64,267,909 63,151 $ 45,192,979 8,137,167 10) Sheriff (001-110-1234-0611 ) $ 30,998 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '00 JUN 29 ~10:1.3 Roanoke, Virginia July 3, 2000 #00-601 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject: Additional Deputy Sheriff Position - City Jail I concur with the recommendation from Sheriff George M. McMillan with respect to the subject referenced above and recommend that City Council authorize the addition of a Deputy Sheriff position at the City Jail. Respectfully submitted, City Manager C: James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Additional Deputy Sheriff Position - City Jail Background: The Commonwealth of Virginia Compensation Board has approved an additional Deputy Sheriff position for the Roanoke City Jail for the purpose of providing support for the operation of the Local Inmate Data System (LIDS). LIDS is an automated jail management system which is used to track and report the inmate population for the payment of per diems from the Commonwealth of Virginia. Support for the operation of LIDS has been provided via the reallocation of an existing Deputy Sheriff position. Considerations: The total cost of the additional position is $38,347. The Compensation Board will provide funding in the amount of $30,998, with a local share cost of $7,349. Recommended Action(s): Approve the addition of a Deputy Sheriff position and take the following specific actions: · Authorize the Director of Finance to increase the revenue estimate for Shared Expenses Sheriff/Jail (001-110-1234-0611 ) in the amount of $30,998. · Transfer funding in the amount of $7,349 from Pay Raise/Supplemental Budget (001- 300-9410-1152). · Appropriate funding in the amount of $38,347 to the following accounts: Regular Employee Salaries (001-140-3310-1002) VSRS Retirement (001-140-3310-1110) ICMA Match (001-140-3310~1116) FICA (001 ~140-3310-1120) Hospitalization Insurance (001-140-3310-1125) Dental Insurance (001-140-3310-1126) Life Insurance (001-140-3310-1130) Disability Insurance (001-140-3310-1131 ) $29,717 3,171 52O 2,313 2,100 185 238 103 Honorable Mayor and Members of City Council July 3, 2000 Page 2 Respectfully submitted, George M. McMillan Sheriff CZ James D. Grisso, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk #00-601 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #24-184 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34907-070300 amending §2-35, Use of personal automobile for city business-mileage allowance, of Article III, Officers and Employees, Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, in order to link the mileage allowance paid to employees of the City for use of their personal vehicles on City business to the Commonwealth of Virginia's rate per mile paid to State employees for the same purpose; eliminating the necessity for Council to review and adopt resolutions establishing the mileage allowance from time to time, effective July 1, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment C:~MyFile~XJULY3COK WPD Darlene L. Burcham July 11,2000 Page 2 pc: The Honorable of Virginia The Honorable Virginia The Honorable The Honorable Virginia The Honorable Virginia The Honorable The Honorable The Honorable The Honorable The Honorable Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of 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 The Honorable Jacqueline F. Ward Talevi, Judge, General Disti'ict Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations Distdct Court Peggy B. Stewart, Office of the Magistrate James D. Ritchie, Deputy City Manager James D. Grisso, Director of Finance Barry L. Key, Director, Department of Management and Budget C: ~VIyFiles~'ULY3COP,. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. ~ No. 34907-070300. AN ORDINANCE amending {}2-35, Use of personal automobile for ci_ty business- Mileage allowance, of Article III, Officers and Employees, Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, in order to link the mileage allowance paid to employees of the City for use of their personal vehicles on City business to the Commonwealth of Virginia's rate per mile paid to State employees for the same purpose; eliminating the necessity for Council to review and adopt resolutions establishing the mileage allowance from time to time; providing for an effective date; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-35, Use of personal automobile for ci_ty business - Mileage allowance, of Article III, Officers and Employees, Chapter 2, Administration., of the Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: {}2-35. Use of personal automobile for ci.ty business - Mileage allowance. Except where a specific, lump sum, periodic allowance is made therefor, the mileage travel allowance paid to officers and employees of the city who may be authorized to use and who do use their own privately-owned passenger automobile for travel or transportation in connection with performance of their regular duties for or upon the immediate business or affairs of the city shall be at such rate per mile for the use of such vehicle H:'~IEAS URES~o-ammile. 2000 as is established from time to time by the Commonwealth of Virginia for reimbursing State employees for such purpose. 2. In order to ptbvide for the usual daily operation of the municipal govemment, an emergency is deemed to exist, and this ordinance shall be in full force and effect retroactive to July 1, 2000. ATTEST: City Clerk. H:'~vlEASUREgk}-ammil~. 2000 Roanoke City Council Regular Agenda Repor't00 JgI,l 27 a~:3t July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Automobile Mileage Reimbursement Background: City employees who utilize their personal automobiles in the performance of City business are currently reimbursed at the rate of $.27 per mile for the first 15,000 miles and $.13 per mile for all additional miles traveled per fiscal year. This rate was approved by City Council on June 2, 1997. Historically, the City has set its mileage reimbursement rate at the same level established by the Commonwealth of Virginia for its own employees. Effective July 1, 2000, the annual mileage reimbursement rates to be paid by the Commonwealth will increase as follows: 1. $.325 per mile for the first 15,000 miles. 2. $.13 per mile for all additional mileage over 15,000. Recommended Action(s): It is recommended that City Council authorize the amendment of the City Code, Section 2-35. "Use of Personal Automobile for City Business--Mileage Allowance.' to establish that Roanoke's mileage reimbursement rate will increase/decrease at the same level as established by the Commonwealth of Virginia for its own employees. This rate, as of July 1, 2000, will be $.325 per mile for the first 15,000 miles and $.13 per mile for all additional miles over 15,000 per fiscal year. Respectfully submitted, City Manager Attachment: I Honorable Ralph K. Smith, Mayor, and Members of City Council Automobile Mileage Reimbursement Page 2 C: City Clerk City Attorney Director of Finance Office of Management & Budget Cf 00-28 MARY F. PARKER, CMC City Clark CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I 536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 12, 2000 File g468 Nick Paone, Operating Manager U. S. Filter/Distribution Group 1212 Campbell Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Paone: I am enclosing copy of Resolution No. 34908-070300 accepting the bid of U. S. Filter Distribution Group, Inc., in the amount of $165,114.00, for furnishing and delivering ductile iron water pipe; 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, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance Jesse H. Perdue, Jr., Manager, Water Department C: ~MyFiles~ULY3 COR. WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 12, 2000 File fl.468 Terri Love, Manager CMC P. O. Box 12058 Rqanoke, Virginia 24022 Francis B. Tone, Manager Atlantic States Cast Iron Pipe Co. 183 Sitgreaves Street Phillipsburg, New Jersey 08865 Joseph A. Depman, Supervisor Griffin Pipe Products Co. P. O. Box 740 Lynchburg, Virginia 24505 David Lester, Sales Manager Virginia Water &' Waste Supply Co. 2820 Mary Linda Avenue, S. W. Roanoke, Virginia 24012 Ladies and Gentlemen: I am enclosing copy of Resolution No. 34908-070300 accepting the bid of U. S. Filter Distribution Group, Inc., in the amount of $165,114.00, for furnishing and delivering ductile iron water pipe; 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, July 3, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on ductile iron water pipe. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:~4yFilm~ULY3COR. WPD IN THE bOUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No.,' 34908-070300. A RESOLUTION accepting the bid of U.S. Filter Distribution Group, Inc. made to the City for furnishing and delivering iron water pipe; and rejecting all other bids made to the City. BE IT RESOLVED by this Council of the City of Roanoke that: 1. This unit price bid of U.S. Filter Distribution Group, Inc. made to the City, offering to supply ductile iron water pipe, for the period of July 1,2000 to June 30, 2001, meeting all of the City's specifications and requirements therefor, at the unit price as set forth in its bid documents,, for the total bid price of $165,114, based on estimated quantities, which bid is on file in the Purchasing Department, is hereby ACCEPTED, as set forth in the report to Council dated July 3, 2000. 2. The City's Manager of the Purchasing Department is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids hereby REJECTED, and the City Clerk is directed express to each the City's appreciation for such bid. made to the City for the aforesaid procurement are to notify each such bidder and to ATTEST: H:\M EASURE SX, MEASURE S'xironpit;,e2000 City Clerk. Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bids for Ductile Iron Water Pipe Bid No. 00-5-60 Background: Bids were requested on a fiscal year basis to provide and deliver to the City estimated quantities of ductile iron water pipe for a period of one (1) year, from July 1,2000 to June 30, 2001. Specifications were developed and sent with the Request for Bid to eight (8) vendors currently on the City's bid list. A public advertisement was also placed in The Roanoke Times and The Roanoke Tribune. Considerations: Five (5) bids were received. All bids received were evaluated in a consistent manner. U.S. Filter Distribution Group, Inc. was the Iow responsive and responsible bidder and meets the required specifications. Funding is available in Water Department and various Capital accounts. Recommended Action: Authorize the purchase of ductile iron water pipe from U.S. Filter Distribution Group, Inc. for a period of one (1) year on a unit cost basis as set forth in its bid documents, not anticipated to exceed $165,114.00 and reject all other bids. Authorize the Manager of the Purchasing Department to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of attached resolution. Respectfully submitted, j~e~sse H~.'pe~~ I concur in the recommendation of the bid committee and recommend it to you for approval. Respectfully submitted, City Manager CC: City Clerk City Attorney Director of Finance Manager, Purchasing Report Author: Robert L. White #00-34 MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 13, 2000 File #27-468 SANDRA H. EAKIN Deputy City Clerk Kim A. Boyer, Manager General Chemical Corporation P. O. Box 395 Parisippany, New Jersey, 07054-0395 John W. Palmer, Manager Jones Chemicals, Inc. P. O. Box 138 Milford, Virginia 22514 Kevin Kilmartin, Manager Prillaman Chemical Corp. P. O. Box 1606 Suffolk, Virginia 23439-1606 Bobby Lavender, President Pro Chem Technologies, Inc. P. O. Box 13944 Roanoke, Virginia 24038-3944 John C. Walsh, President 'Calciquest 181 Woodlawn Avenue Belmont, North Carolinia Jerrald L. Tenny, Secretary/Treasurer Eaglebrook, Inc. 4801 Southwick Drive Matteson, Illinois 60443 John H. Adams, President Control Equipment Co., Inc. P. O. Box 1207 Salem, Virginia 24153 Dear Ms. Boyer and Gentlemen: I am enclosing copy of Resolution No. 34909-070300 accepting the bids of General Chemical Corp., Jones Chemicals, Inc., Eaglebrook, Inc., Prillaman Chemical Corp., Pro- Chem Technologies, Inc., Calciquest, Inc., and Control Equipment Co., Inc., for water and waste water treatment chemicals for fiscal year 2000-01; and rejecting all other bids made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk C:'xMy FileskJUL Y3COR. WPD Kim A. Boyer John W. Palmer Kevin Kilmartin Bobby Lavender John C. Walsh Jerrald L. Tenny John H. Adams July 13, 2000 Page 2 MFP:Io Enclosure pc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance D. Darwin Roupe, Acting Director, General Services Jesse H. Perdue, Jr., Manager, Water Department C:~dyFile~ULY3 CO R. W~D MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 13, 2000 File #27-468 SANDRA H. EAKIN Deputy City Clerk Warren Wingfield, Manager Valley Industrial Products P. O. Box 113 Fincastle, Virginia 24090 Daniel C. Flynn, Vice-President Shannon Chemical Corp. P. O. Box 376 Malvern, Pennsylvania 19355 DQnald C. Helwig, Vice President George S. Coyne Chemical Co., Inc. 3015 State Road Croydon, Pennslyvania 19021-6997 John D. Besson, President Delta Chemical Corp. 2601 Cannery Avenue Baltimore, Maryland 21226 Patsy G. Hale, Product Specialist GEO Specialty Chemicals P. O. Box 190467 Little Rock, Arkansas 72219 Dear Ms. Hale and Gentlemen: I am enclosing copy of Resolution No. 34909-070300 accepting the bids of General Chemical Corp., Jones Chemicals, Inc., Eaglebrook, Inc., Prillaman Chemical Corp., Pro- Chem Technologies, Inc., Calciquest, Inc., and Control Equipment Co., Inc., for water and waste water treatment chemicals for fiscal year 2000-01; and rejecting all other bids made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed water treatment chemicals. Mary F. Parker, CMC City Clerk Enclosure C:'xMyFiI~'OULY3COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. -- lqo. 34909-0i0300. A RESOLUTION accepting the bids for water and waste water treatment chemicals for fiscal year 2000-2001, and rejecting other bids. 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 hereina~er set out and generally described as needed for the period July 1, 2000, to June 30, 2001, such items being more particularly described in the report of the City Manager to this Council dated July 3, 2000, and in the City's specifications and any alternates and in each bidder's proposal, which are on file in the Purchasing Department, are hereby ACCEPTED, at the unit purchase prices set out with each item: Item # Description Successful Bidder Unit Purchase Price 1 Liquid Alum General Chemical Corporation $ .3996 per gallon 2a. Liquid Chlorine Jones Chemicals, Inc $ 26.00 per cwt 150 lb. Cylinders 2b. Liquid Chlorine Jones Chemicals, Inc. $11.95 per cwt 2,000 lb. Cylinders 3 Ferric Chloride Eaglebrook, Inc. $ .49 per gallon ' 4 Sulfur Dioxide Jones Chemicals, Inc. $370.00 per cyl. Sa. Sodium Hydroxide Prillaman Chemical $ .677 per gallon Carvins Cove Corporation HIM EASURE S~'IEASURE S~h~acags 2000 5b. Sodium Hydroxide Pro-Chem Technologies, $ 1.62 per gallon Falling Creek Inc. 6 OrthophosI~hate Calciquest, Inc. $ 2.47 per gallon 7 Catonic Polymer Control Equipment $ 5.415 per gallon Co., Inc. 2. The City's Manager of the Purchasing Department is hereby authorized and directed to issue the requisite purchase orders for the above mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby,' REJECTED, and the City Clerk is directed to so notify each such bidder and to express to each the City's appreciation for each bid. ATTEST: City Clerk. H :~IEASURE S~URE Sk~h~meals2000 Roanoke City Council Regular Agenda Report July 3, 2000 '00 JtI~t 22 ,~9:33 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bids for Water and Waste Water Treatment Chemicals for FY '00-'01 Background: Funds are designated in the operating budgets for Water and Water Pollution Control Departments to allow for the purchase of necessary chemicals to operate plants. Bid requests, with specifications, were sent to twenty-nine (29) vendors currently on the City's bid list. A public advertisement was also placed in The Roanoke Times and The Roanoke Tribune. Cost of chemicals on an annual basis, if the estimated quantities are in fact purchased, would be: Water Fund: $203,621 Water Pollution Control Fund: $252,110 Considerations: All bids were evaluated in a consistent manner. No single vendor responded to all chemical requirements. This bid evaluation identifies the lowest responsible bid per product, per department: Water Fund: Description Successful Bidder Unit Purchase Total Estimated Price Cost Liquid Alum General Chemical $ .3996 per gal. $ 68,611 Corporation Liquid Chlorine Jones Chemicals, 150 lb. cylinders Inc. $ 26.00 per cwt $ 6,630 2,000 lb. cylinders $11.95 per cwt $ 24,378 Sodium Hydroxide Prillaman Chemical $ .677 per gal. $ 59,237 Carvins Cove Corp. Sodium Hydroxide Pro-Chem $ 1.62 per gal. $ 6,480 Falling Creek Technologies, Inc. Orthophosphate Calciquest, Inc. $ 2.47 per gal. $ 38,285 Total $203,621 Honorable Ralph K. Smith, Mayor, and Members of City Council Bids for Water and Waste Water Treatment Chemicals for FY '00-'01 July 3, 2000 Page 2 Water Pollution Control Fund: Description Successful Bidder Unit Purchase Total Estimated Price Cost Liquid Chlorine Jones Chemicals, $11.95 per cwt $ 33,460 2,000 lb. cylinders Inc. Ferric Chloride Eaglebrook, Inc. $ .49 per gal. $112,700 Sulfur Dioxide Jones Chemicals, $370.00 per cyl. $ 51,800 Inc. Catonic Polymer Control Equipment $ 5.415 per gal. $ 54,150 Co., Inc Total $252,110 Funding is available in the Water Department account 002-510-2170-2045 and Water Pollution Control Plant accounts 003-510-3155-2045 and 003-510-3160-2045 FY '00- '01. Recommended Action: Authorize the acceptance of the lowest responsible bids for Water and Waste Water Treatment Chemicals as stated above and reject all other bids. Authorize the Manager of the Purchasing Department to issue the requisite purchase order for the above mentioned items. Respectfully submitted, · Kiser J~esse H. Perdue, Jr. D. Darwin Roupe Honorable Ralph K. Smith, Mayor, and Members of City Council Bids for Water and Waste Water Treatment Chemicals for FY '00-'01 July 3, 2000 Page 3 I concur in the recommendation of the bid committee and recommend it to you for approval. Respectfully submitted, City Manager CC: City Clerk City Attorney Director of Finance Manager, Purchasing Department Report Author: Robert L. White #00-35 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #5-536 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burchami I am attaching copy of Resolution No. 34910-070300 establishing, by joint action of the Boards of Superviso. rs of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the membership of the regional Policy Board of the Alcohol Safety Action Program (VASAP) to serve the region composed of those counties and cities, and appointing A. L. Gaskins as the City of Roanoke representative to the Board. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely,fNN~~' ~~.~.~._ Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Eston Burge, Administrator/Clerk, Alleghany County, P. O. Box 917, Covington, Virignia 24426 Clair A. Collins, Administrator/Clerk, Bath County, P. O. Box 309, Warm Springs, Virginia 24484 C: kMyFilcs',JULY3 COIL WI~D Darlene L. Burcham July 11,2000 Page 2 pc: Gerald A. Burgess, AdministratodClerk, Botetourt County, #1 West Main Street, Box 1, Fincastle, Virginia 24090 Stephen A. Carter, Administrator/Clerk, Craig County, P. O. Box 308, New Castle, Virginia 24127 Donald G. Austin, Administrator/Clerk, Rockbridge County, 150 South Main Street, Lexington, Virginia 24450 Mary H. Allen, Clerk to the Board, Roanoke County, P. O. Box 29800, Roanoke, Virginia 24018-0798 Janie G. Coffey, City Clerk, Buena Vista, 2039 Sycamore Avenue, Buena Vista, Virginia 24416 Laurie J. Huff, City Clerk, Clifton Forge, P. O. Box 631, Clifton Forge, Virginia 24422 Edith Gail Wood, City Clerk, Covington, 158 North Court Avenue, Covington, Virginia 24426 Penni McMichael, City Clerk, Lexington, P. O. Box 922, Lexington, Virginia 24450 Forest G. Jones, Assistant City Manager/Clerk, Salem, P. O. Box 869, Salem, Virginia 24153 The Honorable George M. McMillan, City Sheriff George C. Snead, Jr., Assistant City Manager for Community Development James D. Gdsso, Director of Finance A. L. Gaskins, Chief, Department of Police C:~yFile~JULY3COI~ WPD IN THE CITY COUNCIl, OF THE CITY OF ROANOKE, VIRG~A The 3rd day of July, 2000. No. 34910-070300. A RESOLUTION establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbfidge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the membership of the regional Policy Board of the Alcohol Safety Action Program (VASAP) to serve the region composed of those counties and cities, and appointing a representative of the City to the Board. WHEREAS, the General Assembly of Virginia has, by statute codified as §18.2-271.1 (H), Code of Virginia (1950), as amended, provided that any county, city, town, or any combination thereof may establish and operate alcohol safety action programs in connection with highway safety, and that each such program shall operate under the direction of a local independent policy board chosen in accordance with procedures approved and promulgated by the Commission on Virginia Alcohol Safety Action Program; and WHEREAS, the Commission on VASAP has approved and promulgated such procedures, which are set out in 24 Virginia Administrative Code 35-20-180; and WHEREAS, the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the City Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem have established and do operate the Court-Community Corrections Alcohol Safety Action Program, which is a regional alcohol safety action program in connection with highway safety, and the Commission on VASAP has approved and promulgated H:~,MEASURES\MEASURE S~VASAP procedures for the poli~y board'ofthat regional alcohol safety action program to be reconstituted. NOW, THEREFORE, BE IT RESOLVED in accordance with the procedures approved and promulgated by the Commissi~)n on VASAP, and pursuant to the authority granted to this Council by §15.2-141.1, Code of Virginia (1950), as amended, as follows: 1. The City of Roanoke hereby agrees to reconstitution of the Policy Board of Regional Virginia Alcohol Safety Action Program which shall include of one member who shall be appointed by the governing body of each participating jurisdiction and the remaining members who shall be selected by those appointees in accordance with applicable law and regulations. 2. This Council hereby appoints A. L. Gaskins, Roanoke City Police Department to the policy board for a period of two years, commencing July 1, 2000. ATTEST: City Clerk. H :XM EASUKE ShMEASUR.E S~VASAP Roanoke City Council Regular Agenda Report July 3, 2000 '00 JUN 26 P4:00 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Regional Virginia Alcohol Safety Action Program Policy Board Background: The Regional Virginia Alcohol Safety Action Program has been serving Roanoke and 11 other area localities since 1980, by providing court probation services, community service placements, adult and juvenile driver improvement programs, and habitual offender evaluations. No local funding is required as a condition of Roanoke's participation. The current regional program is administered under the Court-Community Corrections Program. The city of Salem serves as the fiscal agent, with state oversight provided by the Commission on VASAP. Roanoke City Council's adoption of the attached resolution is necessary under state law to reconstitute the regional program's policy board and continue to receive services under the program. Recommended Action: City Council adopt the attached resolution and appoint Chief A. L. Gaskins to the policy board. City Manager '-" ~m C: City Clerk City Attorney Director of Finance Sheriff Chief of Police Report Author: Craig T. Filer # 00-43 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #102-405 Sandra H. Eakin Deputy City Clerk Darlene L. Burnham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34912-070300 authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Mattern & Craig, Inc., in the increased amount of $55,400.00, for additional engineering services for inspections of 24 bridges, one tunnel (underpass) and 15 overhead sign structures. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Mattern & Craig, Inc., 701 1st Street, S. W., Roanoke, Virginia 24016 Kit B. Kiser, Assistant City Manager for Operations James D. Gdsso, Director of Finance Philip C. Schirmer, Acting City Engineer C:~y Filos~JLY3 COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. - No. 34912-07~0300. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Mattem & Craig, Inc., for additional engineering services for the inspections of 24 bridges, 1 tunnel (underpass) and 15 overhead sign structures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's contract with Mattem & Craig, Inc., for additional engineering services for the inspections of 24 bridges, 1 runnel (underpass) and 15 overhead sign structures, all as more fully set forth in the report to this Council dated July 3, 2000. 2. The Amendment No. 1 will provide authorization for additions in the work with an increase in the amount of $55,400.00 to the contract, all as set forth in the above report. ATTEST: City Clerk. H:kMEASUKE SWIEASI. JRE S\brkl~ m~p(~:~n 2 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #102-405 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34911-070300 authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Hayes, Seay, Mattern & Mattern, Inc., in the increased amount of $88,372.00, for additional engineering services for inspections of 32 bridges and three parking garages. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Hayes, Seay, Mattem & Mattern, Inc., 1315 Franklin Road, S. W., Roanoke, Virginia 24018 Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance Philip C. Schirmer, Acting City Engineer C:LMyFilcskH./LY3 CO R. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Jul. y, 2000. - I~. 3491 i-070300. A RESOLUTION authorizing the City Manager's issuance of Amendment No. 1 to the City's contract with Hayes, Seay, Mattem & Mattern, Inc., for additional engineering services for the inspections of 32 bridges and 3 parking garages. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's contract with Hayes, Seay, Mattem & Mattern, Inc., for additional engineering services for the inspections of 32 bridges and 3 parking garages, all as more fully set forth in the report to this Council dated July 3, 2000. 2. The Amendment No. 1 will provide authorization for additions in the work with an increase in the amount of $88,372.00 to the contract, all as set forth in the above report. ATTEST: City Clerk. H :hVl EASURE S~E~ b-'~bfidg~ insl:~0.ons I Roanoke City Council Regular Agenda Report July 3, 2000 '00 JUN 25 P a:O0 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Bridge Inspection Program Amendment No. 1 to Agreements for Consultant Services Year 2 of 3 Background: The 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the bi-annual inspection program. Supplementary Bridge Inspection Reports are required on fifty-six (56) structures in the City of Roanoke this year. Forty (40) structures are inspected annually while sixteen (16) structures are inspected bi-annually. The inspection of three (3) parking structures and fifteen (15) overhead sign structures is also required this year by prudent engineering practices. Jefferson Street Old Pedestrian Underpass under Norfolk Southern Railway is to be inspected annually per agreement with the railroad. City Council, by Resolution No. 34313-060799, dated June 7, 1999, authorized Agreements for Consultant Services for 3 years with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc. to conduct the above inspection services for FY 1999-2000. Considerations: City Council approval is desired to authorize the execution of Amendment No. 1 to the above Agreements for Consultant Inspection Services for Year 2 as follows: Agreement with Hayes, Seay, Mat'tern & Mattern, Inc. 1999 Contract $ 48,000 2000 Work Scope: 32 Bridges 3 Parking Garages Total for Amendment No. 1 88,372 1999 and 2000 Total Agreement Amount $136,372 Honorable Ralph K. Smith, Mayor, and Members of City Council Bridge Inspection Program Amendment No. 1 to Agreements for Consultant Services Year 2 of 3 July 3, 2000 Page 2 Funding for Amendment No. 1 is available as follows: Bridge Inspections, account no. 001-530-4310-3072 Market Square Parking Garage, account no. 007-540-8215-2050 Church Avenue Parking Garage, account no. 007-540-8220-2050 First Union Tower Parking Garage, account no. 007-540-8225-2050 $ 72,996 4,123 4,825 6,428 Total Amendment Amount $ 88,372 Agreement with Mattern & Craig, Inc. 1999 Contract $ 51,800 2000 Work Scope: 24 Bridges 1 Tunnel (Underpass) 15 Overhead Sign Structures Total for Amendment No. 1 55,400 1999 and 2000 Total Agreement Amount $107,200 Funding for Amendment No. 1, in the amount of $55,400, is available in Bridge & Sign Inspections account no. 001-530-4310-3072. Recommended Action: Authorize the City Manager to execute Amendment No. 1 to each of the Agreements for Consultant Services with Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. in the amounts of $87,372 and $55,400 respectively for the inspection services set forth above. DLB/JGB/bls C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Respectfully submitted, City Manager # 00-149 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #537 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34913-070300 authorizing the City Manager to enter into a contract with JDL Castle Corporation for development and administration of renovations and construction improvements to the Roanoke Passenger Station Building, committing that JDL Castle Corporation will be fully responsible for the 20 per cent matching funds, as well as all other obligations undertaken by the City by virtue of an agreement with the Virginia Department of Transportation. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance Robert K. Bengtson, Director, Department of Public Works C: ~y Files'JULY3COR. WPD IN THE couNcIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. lqo'. 34913-0;[0300. A RESOLUTION authorizing the City Manager to enter into a contract with JDL Castle Corporation for development and administration of the renovations and construction improvements to the Roanoke Passenger Station Building, committing the JDL Castle Corporation to be fully responsible for the twenty percent (20%) matching funds, as well as all other obligations undertaken by the City by virtue of an agreement with the Virginia Department of Transportation, upon certain terms and conditions. WHEREAS, by Resolution No. 34155-011999, adopted January 19, 1999, Council endorsed the Roanoke Passenger Station Renovation Project, and authorized the City Manager to enter into agreements with the Virginia Department of Transportation ("VDOT") and Roanoke Foundation for Downtown, Inc. ("Foundation"), wherein the Foundation agreed to be responsible for all matching funds and obligations undertaken by the City by virtue of its agreement with VDOT for this project; and WHEREAS, the Roanoke Passenger Station building and property will be purchased by JDL Castle Corporation of Winston-Salem, North Carolina, from the Foundation, and JDL Castle Corporation will assume the obligations agreed to by the Foundation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized on behalf of the City to execute, seal and attest, respectively, the requisite contract and all other appropriate agreements and documents, in form approved by the City Attorney, with JDL Castle Corporation, in connection with this project for the development and administration of the renovations and construction improvements to the Roanoke Passenger Station Building, committing JDL Castle Corporation to be fully responsible for the twenty percent (20%) matching funds, as well as all other obligations undertaken by the City by virtue of its agreement with VDOT, upon certain terms and conditions, as more particularly set forth in report of the City Manager dated July 3, 2000, and the attachments thereto. · ATTEST: City Clerk. H:XRES'~R- PaasS~at- JD L-7-3 -00 Roanoke City Council Regular Agenda Report ~ E C.E l'v E L:q '00 JU!t 28 ¢;0:1~ July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Roanoke Passenger Station Renovation Project Background: The Roanoke Foundation for Downtown, Inc., (RFDI) submitted an application at the encouragement of Congressman Bob Goodlatte's office in January, 1998, seeking an amendment to the Transportation Equity Act for the 21st Century (TEA-21) legislation to include transportation funds for the Roanoke Passenger Station Renovation project. RFDI received an allocation of $500,000 from the High Priority Project funds for the renovation of the Roanoke Passenger Station. The $500,000 is provided over six years (11% in FY98, 15% in FY99, 18% in FY00, 18% in FY01, 19% in FY02, 19% in FY03). This is not a direct federal grant, but a reimbursement program. Upon execution of all appropriate agreements, 80% of the expenditures incurred are reimbursed by the federal funds. The 80% federal funds require a 20% match. The Federal Highway Administration views the Virginia Department of Transportation (VDOT) as the recipient agency for these funds. VDOT in turn views the City of Roanoke as the responsible entity to implement the improvement with whatever involvement as deemed appropriate between the City and RFDI. City Council endorsed the Roanoke Passenger Station Renovation Project on January 19, 1999, and agreed to pay 20 percent of the total cost as required by VDOT. The City's match would be provided by RFDI. Council also authorized execution of separate agreements with VDOT and RFDI for this project. Considerations: Plans are underway for the Roanoke Passenger Station building and property to be sold by RFDI to JDL Castle Corporation within the next 30 days. JDL Castle Corporation is a Winston-Salem, North Carolina company that develops and manages real estate, specializing in historic rehabilitation and adaptive use projects. ^ project narrative is attached that summarizes JDL Castle Corporation's plans to develop the Roanoke Passenger Station Building. Legal requirements include authorization from City Council to execute an agreement with JDL Castle Corporation in place of RFDI. In addition to a City/State Agreement by which the State holds the City as the responsible agency for the #00-150 Roanoke Passenger Station Renovation Project Page 2 July 3, 2000 project, JDL Castle Corporation would enter into a separate agreement with the City by which it shall fulfill all of the obligations undertaken by the City, and perform all of the tasks undertaken by the City, by virtue of the City's execution of the City/State Agreement and will comply with each of the requirements set forth in the City/State Agreement and all federal and state regulations and requirements applicable to all work performed on the Project, including performing, or contracting to perform, tasks relating to the construction of the Project, and procuring consultant services contracts and construction contracts in accordance with the Virginia Public Procurement Act. Recommended Action: Authorize the City Manager to execute on behalf of the City a legally binding agreement with JDL Castle Corporation requiring JDL Castle Corporation to be fully responsible for their 20% matching funds as well as all other obligations undertaken by the City by virtue of the City/State Agreement. City Manager Attachment c: City Clerk City Attorney Director of Finance Director of Public Works #00-150 PROJECT NARRATIVE NORFOLK SEVEN PASSENGER TERMINAL OUTLOOK ROANOKE / GATEWAY VISITOR'S CENTER JDL Castle Corporation and the Downtown Roanoke Foundation will jointly develop the Loewy Passenger Rail Terminal Station across from the Hotel Roanoke for use as the Regional Visitor's Center and other commercial uses including restaurant, office, museum/display. The facility will be renovated to serve as a focal point and an anchor for the pedestrian accesses to Center City via the existing elevated bridge and along the rail lines via pedestrian walkway to the Transportation Museum. The design project narrative is as follows: ACCESS/VISIBILITY FEATURES The terminal is visible from Williamson Road Bypass. This visibility should be enhanced by utilization of lights and banner/flag signage. We propose to install appropriate signage to direct visitor traffic. The existing facade sign identifying it as the Passenger Rail Terminal will be retained. Additional signage will be provided consistent with Outlook Roanoke design standards to support the Regional Visitor's Center use. HOTEL ROANOKE LEVEL - HARDSCAPE/ENTRY The facade facing the Hotel Roanoke includes the column entry and moderate-sized landscape beds. Service parking is provided adjacent to these features. Attention to traffic circulation including provisions for bus traffic will be necessary. The facade will be retained in its original form. We intend to 'soften' the architectural detailing by providing landscaping and hardscape/entry features to complement the facade appropriate to the uses of the building. Since the existing landscape areas are minimal and integrated into the facade/design structure, careful attention will paid to the types of planting materials with location, and color features in order to create warm and welcome entry for visitors to the terminal. REAR ELEVATION/HARDSCAPE/ENTRY This elevation is below grade at rail track level. It is to some extent sheltered by the overhang and Loewy louvered facade/grill materials. This provides opportunities to encourage a relationship to the downtown skyline. There are two entry points, one from the existing parking area and the other adjacent to the tracks. Depending upon the final design configuration and utilization by the Visitor's Center, these areas may function as employee entrances or provide ancillary entrances for tenant groups such as bike rental, walking tours, tourist retail and other uses. The entry and access features of the building will relate to existing entrances and their simplicity will be retained, but their visibility and access will be enhanced. BUILDING EXTERIOR FACADES The facades of the building will be retained in their existing configuration as homage to the Loewy design. As noted above the column entry facade facing Hotel Roanoke will be retained and enhanced. The ancillary/third party tenant space entrance from the parking area and track level will be treated in accordance with their use and function. The metal louver grill and window treatments provided by Loewy during the redesign of the terminal will be retained including roof line, pediment structures at roof capital, window penetration and rhythms along the downtown side and Hotel Roanoke side of the building. The existing wings featuring lower roof line and formerly used as package pickup and service areas will be retained, however, the location of service roll up doors may be modified to enhance that facade and provide a more interesting visual element. INTERIOR DEMOLITION The interior partitions installed by the Norfolk Southern to accommodate the non-terminal uses will be removed. This includes non-structural partitions and lowered ceilings. This will result in 'opening up' of the interior to replicate the traffic flow and interior vistas the building presented when it was used as a terminal. The existing restroom and service area partitions and fixture stacks will be retained. New fixtures appropriate for the intended use and including handicap accessible areas will be provided. Waiting areas and hall, Travelers Aide areas, (all featuring terrazzo, marble, and wood paneling) will be restored to their previous dimensions. Decisions regarding restoration versus adaptive reuse with respect to finishes will be made on a case by case basis in consultation with Bill Green of Virginia Tech. Our design goal with respect to the interior is to replicate, but not necessarily restore, the function of the facility. For example, we would encourage the reinstallation of furniture and other fixtures or equipment and those portions of the interior where they were appropriate and could support the intended use. We would reinstall the route map but likely do so utilizing sheetrock construction rather than wood prefabricated wall. The route map would be painted rather than feature electric destination markings. Ticket counters, and other interior features and facilities which do not support or are inconsistent with the open floor plan and other requirements of the Visitor's Center cannot be replicated but we hope that the open interior can feature displays and other representations of them. INTERIOR FEATURES Entry/rotunda route map - the entry lobby areas will retain an open feel and be designed to direct visitors to the rear overlook. The remainder of lobby common area space can be utilized for display for both Visitor Center and other appropriate local entities. Visitor Center office space will be located in the right wing and possibly on the lower level. Conference, sales and marketing, materials and other functions of the Visitor's Center space will be located appropriately on the first level. Public restrooms will be located on the fn'st level in their existing location. Additional lease space will be provided in the left wing of the facility including the potential for office space, restaurant space and tourist related retail. Lower level of the facility not occupied by Visitor Center (for storage space) will be allocated to tourist/destination uses and resources including bicycle rental, tourist retail, etc. The design team for this project includes Moser Mayer Phoenix of Greensboro, NC . The firm has experience with multi-modal and adaptive reuse projects including a remarkably similar design mission for the City of Greensboro utilizing Southern Railway train terminal. They also have worked with institutional and private clients on a variety of adaptive reuse projects. Bill Green of Virginia Tech will be a team member consulting with respect to Loewy design elements of interior and exterior features together with the historical context of the terminal and its construction and development to the community. We welcome your comments with respect to the design narrative as proposed and look forward to moving closer to confirm business terms, schedule for conveyance of the property, and commence construction. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #67-102-237 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34914-070300 authorizing the City Manager's issuance of an Amendment to the City's Memorandum of Agreement with the U. S. Army Corps of Engineers, in the increased amount of $40,000.00, for additional engineering services for completion of plans and specifications for the Wiley Drive Iow-water bridges, in connection with the Roanoke River Flood Reduction Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance Robert K. Bengtson, Director, Department of Public Works C: hMyFiI~skTULY3COR- WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. _ No': 34914~070300. A RESOLUTION authorizing the City Manager's issuance of an Amendment to the City's Memorandum of Agreement with the U.S. Army Corps of Engineers for additional engineering services for the completion of plans and specifications for the Wiley Drive low-water bridges in connection with the Roanoke River Flood Reduction Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, an Amendment to the City's Memorandum of Agreement with the U.S. Army Corps of Engineers, for additional engineering services for the completion of plans and specifications for the Wiley Drive low-water bridges in connection with the Roanoke River Flood Reduction Project, all as more fully set forth in the report to this Council dated July 3, 2000. 2. The Amendment will provide authorization for additions in the work with an increase in the amount of $40,000 to the contract, all as set forth in the above report. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report'00 JU~ July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: P ~ :00 Amendment to Agreement with the Corps of Engineers for Additional Design Work for the Wiley Drive Low-Water Bridges on the Roanoke River Flood Reduction Project Background: The two Iow-water bridges on Wiley Drive, located at either end of Smith Park, have been in poor condition for several decades, and were identified for replacement under the Roanoke River Flood Reduction Project. Replacement would greatly reduce the frequency of flooding of these bridges, as well as provide for a safer pedestrian crossing. On December 18, 1989, City Council approved a Memorandum of Agreement with the U.S. Army Corps of Engineers to design the two replacement bridges for this location for an original amount of $150,000. Subsequently, additional design fees for this work were approved in the amounts of $13,300 in 1991 and $17,300 in 1992. On May 22, 2000, the City of Roanoke received a request and Scope of Work from the Corps of Engineers for $40,000 to complete the plans and specifications for these two Iow- water bridges. This amount, in addition to that previously approved, would bring the total design fee for these bridges to $220,600. The current construction cost estimate for these two bridges is $1.6 million. Considerations: This project has been delayed in starting for many years, primarily due to environmental issues. These delays are the primary cause for the additional cost to design these Iow water bridges. The Corps is currently working on the final plans for Phase I of the Flood Reduction Project, with a target bid date of Spring, 2001. It is important to complete the bridge designs so they can be bid as a part of the Phase 1 project. Funding is available in existing Capital Project account "Roanoke River Flood Reduction" 008-056-9620, and falls within the contingency for this project. Honorable Ralph K. Smith, Mayor, and Members of City Council Amendment to Agreement with the Corps of Engineers for Additional Design Work for the Wiley Drive Low-Water Bridges on the Roanoke River Flood Reduction Project July 3, 2000 Page 2 Recommended Action: Approve an Amendment of $40,000 to the Corps of Engineers Memorandum of Agreement for the design of the Wiley Drive Iow-water bridges, and authorize payment from existing capital project accounts for the Roanoke River Flood Reduction Project. Authorize the City Manager to execute the above Amendment for the above additional design work. Respectfully submitted, City Manager DLB/JGR/bls c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance # 00-151 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #54 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34916-070300 authorizing and providing for'an agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to the operation of an animal shelter by the Society, 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, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Donald L. Thorne, Executive Director, Roanoke Valley Society for the Prevention of Cruelty to Animals, 1313 Eastern Avenue, N. E., Roanoke, Virginia 24012 George C. Snead, Jr., Assistant City Manager for Community Development James D. Grisso, Director of Finance A. L. Gaskins, Chief, Department of Police C:LMyFile~IULY3COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No. 34916-070300. A RESOLUTION authorizing and providing for an agreemem between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals relating to the operation of an animal shelter by the Society, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, for and on behalf of the City, upon form approved by the City Attorney, a written agreement between the City and the Roanoke Valley Society for the Prevention of Cruelty to Animals, relating to the operation of an animal shelter by the Society, all as more particularly described in the City Manager's report to this Council dated July 3, 2000. 2. Said agreement shall be for a term of two years effective July 1, 2000, shall be renewable upon mutual consent of the parties, and shall provide that the City pay an annual flat fee of $108,221.04 during the first year of the agreement and $113,632.04 during the second year of the agreement. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, VA Dear Mayor and Members of Council: Subject: Operating Agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals (SPCA) Background: The City of Roanoke contracts with the Roanoke Valley Society for the Prevention of Cruelty to Animals (SPCA) to provide services on behalf of the City. These services include but are not limited to the shelter, euthanasia, and adoption for impounded animals and maintenance of written accounts of all animals impounded and delivered to the SPCA by the City or stray animals delivered by citizens of Roanoke. The current Operating Agreement between the SPCA and the City of Roanoke terminates on June 30, 2000. The attached Operating Agreement is for the period of July 1, 2000 through June 30, 2002. Either party has the option to renew at the end of the Agreement. The City of Roanoke agrees to pay in Year One of the Agreement an annual sum of $108,221.04 commencing July 1,2000 and continuing until June 30, 2001. In Year Two of the Agreement, the annual sum shall be increased by five (5%) percent to $113,632.04 commencing July 1,2001 until June 30, 2002. Funding is available in the Police -Animal Control budget. Roanoke County, Botetourt County, and the Town of Vinton are entering into similar Agreements. The annual flat fee includes but is not limited to: the provision of "pound" and "shelter" costs; the cleaning, limited "medical care" (including vaccinations), and feeding of the animals at the shelter; disposition of animals; and administrative expenses associated with the provision of services. The flat fee was based on the number of animals actually received per year from the City of Roanoke. Recommended Action: Authorize the City Manger and the City Clerk to execute and attest, respectively, in form approved by the City Attorney, the Operating Agreement between the City of Roanoke and the Roanoke Valley Society for the Prevention of Cruelty to Animals. Respectfully submitted, City Manager Attachment: Agreement c: Mary Parker, City Clerk William Hackworth, City Attorney James Grisso, Finance Director George Snead, Public Safety Director A. L. Gaskins, Police Chief Donald T. Thorne, Executive Director, SPCA, Inc. #00-417 AGREEMENT THIS AGREEMENT, made and entered into this ~ day of 2000, by and between the CITY OF ROANOKE, VIRGINIA (City) and the ROANOKE VALLE~ SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (Society). WITNESSETH: FOR AND IN CONSIDERATION of the mutual covenants herein contained and subject to the conditions herein set forth, the parties mutually covenant and agree as follows: I. The Society Agrees: To impound and care for, at the Society's Shelter, all animals delivered to it by any representative of the City authorized by the City to confiscate animals for impoundment and to receive strays as turned in by residents of Roanoke City who are not the owner of the animal. Bo To place, hold, or euthanize all animals not properly redeemed, pursuant to the provisions of the Code of the City of Roanoke (1979), as amended, and the Code of Virginia (1950), as amended. Co To provide controlled drags for euthanasia and all applicable licenses and documentation required by the Virginia Board of Pharmacy and the U.S. Drug Enforcement Administration. Do To maintain and publicize appropriate hours of operation at the shelter for the public and for the impoundment of animals; provided, however, that the shelter may be closed at such times deemed by the Society to be appropriate and compatible with the sound operation of the Shelter. E° To maintain accurate written accounts of all animals impounded, on behalf of the City, and delivered to the Society by the City or strays delivered by citizens of Roanoke City. Fo To permit authorized representatives of the City to inspect the Society's records during regular, posted, office hours with proper prior notice of 48 hours. Go To designate an employee of the Society who shall serve as official agent of the Society in dealing with the City and who shall be responsible for carrying out the duties of the Society under this Agreement. H:\AG~TS\spca2000 II. Ho To carry out all procedures required by state law and local ordinances with respect to any impounded animal which has bitten a person, if said animal which is to be held for a trial or hearing. It will be the resposnbility of the SPCA to process any paperwork for an animal which bite or scratches any citizen who is turning said animal over to the SPCA. SPCA will provide proper notification to the Health Department. To allow access to the shelter 24 hours per day to authorized animal control personnel. Jo To allow the City to park necessary assigned animal control vehicles on the Society's premises at the City's own risk. K. To provide for the proper disposal ofeuthanized animals. To provide office space presently utilized by City animal control personnel office furniture along with replacement of two long tables and replacement by SPCA, if needed, of a small in-wall air conditioning unit, at no additional cost to the City. To provide regular maintenance and cleaning ofrestrooms and refinishing of restrooms. To provide regular maintenance and cleaning of City pound areas, including unloading and impoundment sections and new gravel in the area in which the animals are unloaded. To collect impoundment fees and other charges imposed by City and disburse same each month to the City Treasurer. The City agrees: mo To pay in Year One of the Agreement an annual sum of$108,221.04, said fee to be payable in twelve (12) equal monthly installments of $9,018.42 each on or before the first day of each calendar month commencing July 1,2000 and continuing until June 30, 2001. In Year Two of the Agreement, the annual sum shall be increased by five (5%) percent to $113,632.04, said fee to be payable in twelve (12) equal monthly installments of $9,469.34 each on or before the first day of each calendar month commencing July 1,2001 and c. ontinuing until June 30, 2002. To deliver to the Society at its shelter animals confiscated for running at large in the City. H=\AGMTS\spca2000 2 III. Co To provide, at its expense, all equipment and supplies required to administer this Agreement, including vehicles, communication, and forms when appropriate. To designate a City official with whom communication is to be made pursuant to this agreement. mo To require the City animal control officers and other City workers to comply with the reasonable rules and regulations of the Society as they pertain to the operation of the shelter. Fo To allow all animals not claimed by their rightful owners to be turned over to the Society allowing the Society to place the animal for adoption or to euthanize, at its discretion; provided that the animal control personnel from each jurisdiction shall have the opportunity to provide input with regard to any animals which might be adopted if they feel that the animal would be hazard to the community. Go To permit the Society to have control over all animals in the shelter once the animals are delivered to the shelter by the animal control officers, subject, however, to the provisions of the Code of the City of Roanoke, and the laws of the Commonwealth of Virginia. Ho To pay its monthly fee within ten working days following receipt of invoice, with interest accruing thereafter at the rate of 1% per month. The City for itself, its agencies, assigns and successors, does hereby remise, release and forever discharge the Society, its agencies, assigns and successors, of and from all claims, debts, demands, actions, accounts, reckonings, motions, controversies, doings, omissions, damages, both at law and equity, and all liabilities on account of any c]aim for injuries, losses, expenses, or damages arising out of the enforcement by officers and employees of the City of local ordinances or State laws relating to the regulations and control of animals and the practice of euthanasia by officers or employees of the City. The Society, for itself, its agencies, assigns and successors, does hereby remise, release, and forever discharge the City, its agencies, assigns, and successors of and from all claims, debts, demands, actions, causes of action, suits, sums and sums of money, accounts, reckonings, motions, controversies, doings, omissions, damages, at both law and equity, and all liabilities on account of any and all injuries, losses, expenses, and damages arising out of any of the following: the enforcement by agents or employees of the Society of the anti-cruelty laws of the Commonwealth or any other humane activities conducted by the Society; maintenance and care of animals H:\AGMTS\spca2000 3 iX, VI. VII. VIII. impounded by City employees and delivered to the custody of the Society; placement by the Society with third parties of animals delivered to the custody of the Society by City employees; destruction of animals delivered to the custody of the Society by City employees; any other act or omission of any member, agent or employee of the Society except in the conduct of activities for which the City is specifically responsible by law or under the provisions of this Agreement or for animals held by the Society pursuant to agreements with any other third parties. It is understood by the parties that the Society shall perform its duties and responsibilities under this contract as an independent contractor and not as an agent or servant of the City, nor shall the officers and employees of the Society be deemed agents or employees of the City for any purpose. The Society's officers shall exercise control and supervision over its personnel in the performance of their work, provided, however, that the City retains an interest in the quality of services performed by the Society but the City shall have no concern in or control over the manner in which work is performed by personnel of the Society. The term of this Agreement shall begin on July 1, 2000 and shall continue until June 30, 2002. Thereafter the Agreement shall be renewed on a twelve month basis on the same terms and conditions unless either party gives to the other party written notice of its intent not to renew ninety (90) days prior to the renewal date. In the event contract negotiations should fall between annual budgets of the City, the City will be allowed to pay the difference between the old rate and the new rate retroactively without late payment fees. Either party may terminate this Agreement for cause after providing written notice, at least sixty days prior to the effective date of the termination, to the other party of i)the nature of the noncompliance with the Agreement, and ii) the possibility that the Agreement may be terminated, provided, however, that if the other party cures such nonperformance during the sixty day period, the Agreement shall not terminate. In the performance of this Agreement, the Society shall not discriminate against any contractor, subcontractor, sublessee, employee, applicant for employment or invitee because of race, color, religion, sex or national origin, except where race, color, religion, sex or national origin is a bona fide qualification reasonably necessary to the normal operation of the Society. Society shall comply with the requirements of {}23.1 -20, Code of the City of Roanoke, a copy of which is attached as Exhibit A. Any notice required or permitted to be given under the Agreement shall be provided in writing by first class mail or in person, and notice shall be effective upon such mailing or delivery. NOTICE to the City shall be provided to: H:\AGMTS\spca2000 4 Assistant City Manager for Community Development 215 Church Avenue, Room 364 Roanoke, Virginia 24011 Xo NOTICE t.o Society shall be provided to: Donald T. Thorne, Executive Director RVSPCA P.O. Box 11863 Roanoke, VA 34022 This Agreement is subject to future appropriations by Roanoke City Council. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk City Manager WITNESS: ROANOKE VALLEY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS By: , President Approved as to Form: Approved as to Execution: City Attorney City Attorney H=\AG~TS\spca2000 ~ Exhibit A. Sec. 23.1-20. Employment discrimination by contractor prohibited. Every contract of over ten thousand dollars ($10,000.00) to which the city is a party shall contain the provisions in subparagraphs (a) and (b) herein: (a) During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. (2) The contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such contractor is an equal employment opportunity employer. (3) Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (b) The contractor will include the provisions of the foregoing subparagraph (a)(1), (2) and (3), in every subcontract or purchase order of over ten thousand dollars ($10,000.00), so that the provisions will be binding upon each subcontractor or vendor. (Ord. No. 26298, § 1, 12-6-82) Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #24-54 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34917-070300 amending and reordaining Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, by amending {}6-22, Definitions; {}6-25, Bitches in heat; {}6-26, Barking or howling dogs; subsection (1) of {}6-46(a), Preservation and exhibition of license receipt; tag to be worn by dog; exceptions; {}6-50, Dangerous dog(s); §6-51, Registration of dangerous dog; {}6- 52, Keeping of dangerous dog; conditions; {}6-53, Violations and penalties; [}6-54, Exceptions; subsection (d) of {}6-62, Vaccination of dogs and cats; {}6-65, Confinement or destruction of animals showing signs of or suspected of having rabies; {}6-67, Confinement or destruction of animal which has bitten person; {}6-117, Vaccination of cats; and {}6-119, impoundment; by the addition of new {}6-50.1, Vicious dogs. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment C:~V/yFiIe~u'LY3 COR. WPD Darlene L. Burcham July 11,2000 Page 2 pc: The Honorable of Virginia The Honorable Virginia The Honorable The Honorable Virginia The Honorable Virginia The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable The Honorable District Court Diane McQ. Strickland, Chief Judge, Twenty-Third Judicial Circuit Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of 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 Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations The Honorable John B. Ferguson, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32316 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Ronald S. Albdght, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief, Department of Police Dr. Molly L. O'Dell, Health Director, City Health Department C: ~,lyFiles~].,rLY3 CO R. WP D 1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No. 34917-070300. AN ORDINANCE amending and reordaining Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, by amending {}6-22, Definitions; §6-25, Bitches in heat; §6-26, Barking or howling dogs; subsection (1) of §6-46(a), Preservation and exhibition of license receipt; tag to be worn by dog; exceptions; §6-50, Dangerous dog(s); §6-51, Registration of dangerous dog; §6-52, Keeping of dangerous dog; condition.% §6-53, Violations and penalties; §6- 54, Exceptions; subsection (d) of §6-62, Vaccination of dogs and cats; §6-65, Confinement or destruction of animals showing si~s of or suspected of having rabies; §6-67, Confinement or destruction of animal which has bitten person; §6-117, Vaccination of cats; and §6-119, Impoundment; by the addition of new §6-50.1, Vicious dogs; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 6, Animals and Fowl; of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the amending the following sections: §6-22. Definitions. The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning: Companion Animal. Any domestic or feral dog, domestic or feral cat, non-human primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any animals {}6-25. {}6-26. regulated under federal law as research animals shall not be considered companion animals for the purposes of this chapter. Dangerous Do~. Any canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal, other than a dog,.or killed a companion animal. Vicious Dog. Any canine or canine crossbreed which has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding, rendered in accordance with this article that the animal is a dangerous dog, provided that its owner has been given notice of that finding. Bitches in heat. It shall be unlawful for any owner to allow, cause or permit any bitch in heat to be off the premises of such owner or to remain on such premises to the annoyance of any other person or to the neighborhood. It shall be the duty of the animal control officers to take into custody and confine in the city pound any such bitch found off the premises of its owner and, also, any such bitch kept on the premises of an owner who, after twenty-four (24) hours' notice from an animal control officer, has failed to effectively confine such bitch in a manner not to cause further annoyance to any person or to the neighborhood. Barking or howling dogs. The harboring or keeping of any dog, which by loud, frequent or habitual barking or howling or by other conduct likely to cause annoyance and disturb the peace and quiet of any person or neighborhood, which loud, frequent or habitual barking or howling or other conduct is heard or observed by any animal control officer, other officer or other person, shall be unlawful, and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by an animal control officer to the owner of such dog, if known, or upon complaint of any person, if such owner is unknown, be impounded and confined in the city dog pound by an animal control officer or any police officer. 2 §6-46. Preservation and exhibition of license receipt~ tag to be worn by dog~ exceptions. (a) _Dog lic'i~nse receipt~shall be carefully preserved by the licensees and exhibited promptly on request for inspection by an animal control officer or other officer. Dog license tags shall be securely fastened to a substantial collar by the owner and worn by such dog. The owner of the dog may remove the collar and license tag required by this section when the dog is engaged in lawful hunting; when the dog is competing in a dog show; when the dog has a skin condition which would be exacerbated by the wearing of a collar; when the dog is confined; or when the dog is under the immediate control of its owner. §6-50. Dangerous dog(s). An animal control officer may determine, a~er investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of this division, and the animal control officer or the owner, if directed by the animal control officer, shall confine the dog until such time as (i) the owner complies with the conditions of this chapter or (ii) the Court determines that the dog is not a dangerous dog. If the animal's owner disagrees with the animal control officer's determination that the dog is a dangerous dog, the owner may, within 10 days of notification, appeal the determination to the general district court for a trial on the merits. §6-51. Registration of dangerous dog. (a) The owrler of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the local city treasurer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The local city treasurer shall also provide the owner with a uniformly designed tag which identifies the an/~al as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal w~ars the collar and tag at all times. All certificates obtained pursuant to this paragraph shall be renewed annually for the same fee and in the same manner as 3 the initial certificate was obtained. (b) All certificates or renewals thereof required to be obtainett under this' section shall only be issued to persons eighteen years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, (ii) that appropriate liability insurance has been obtained as required in Section 6- 52, and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. (c) All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence that the animal has been neutered or spayed. {}6-52. Keeping of dangerous dog; conditions. (a) While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. (b) If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this division. .. (c) After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. (d) The owner of any dangerous dog shall procure and maintain liability insurance in the amount of not less than fifty-thousand dollars ($50,000) insuring the owner for any injury or damage caused by such a dog. The owner shall maintain a valid policy and certificate of insurance issued by the insurance carder or agent as to the coverage required by the subsection at the premises where the dog is kept and shall, upon request, display such policy and certificate to any animal control officer or police officer. §6-53. Violations and penalties. The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of this division shall be guilty of a Class 1 misdemeanor. All fees collected pursuant to the dangerous and vicious dog provisions herein, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund for the purpose of paying the expenses of any training course required under Virginia Code Section 3.1-796.104.1. §6-54. Exceptions. (a) No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed. (b) No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused,-or assaulted the animal at other times. §6-62. {}6-65. (c) No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog. (d) No police dog which was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. Vaccination of dogs and cats. (d) It shall be the duty of the treasurer to examine, under oath, all applicants for dog licenses who decline to exhibit the above-mentioned certificate or other evidence, for the purpose of determining if the applicant's dog has been vaccinated. If the treasurer is satisfied, fi.om such interrogation, that such dog is kept in the city and has not been vaccinated, he shall promptly notify an animal control officer of such fact, supplying such animal control officer with a brief description of the dog and the applicant's address. Confinement or destruction of animals showing si~s of or suspected of having rabies. The owner of any animal showing active signs of rabies or suspected of having rabies shall confine or cause to be confined such animal, at the expense of the owner, in a pound, kennel, or enclosure approved by the Health Department for such a time as may be necessary to determine a diagnosis. If confinement is not possible or practicable, such animal shall be destroyed. {}6-67. Confinement or destruction of animal which has bitten person. At the discretion of the Director of Health, the owner of any animal which has bitten a person shall confine or cause to be confined such animal, at the expense of the owner, in a pound, kennel or other enclosure approved by the Director of Health for ten (10) days, unless the animal develops active symptoms of rabies or expires before that time; provided that a seriously injured or sick animal may be humanely euthanized and its head sent to the State Health Department for evaluation. §6-117. Vaccination of cats. No person shall own, keep or harbor any cat over four (4) months of age within the city, unless such cat has been vaccinated against rabies pursuant to section 6-62 of this chapter. The owner of each cat shall keep in his possession the certificate of vaccination required by section 6-62(b) of this chapter and shall display such certificate upon request of any animal control officer, police officer or official of the health department. §6-119. Impoundment. Any cat or cats found in violation of any provision of this article or whose owner is in violation of any provision of this article or any cat or cats creating a "public nuisance" as defined by section 6-115 may be seized by any animal control officer or police officer and impounded at the city pound. The officer seizing any cat and officials of the city pound shall follow the procedures established for impounded dogs by section 6-28 of this chapter in keeping and disposing of any impounded cat. 2. Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding the following new section: §6-50.1. Vicious dogs. Any animal control officer who has reason to believe that a canine or canine crossbreed is a vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiting the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, ~ustodifin or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Virginia Code §3.1-796.119. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report '00 JU~ 28 P3:23 July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of Council: Subject Dog Ordinance Background: For several years, the City Code has contained provisions related to dangerous and vicious dogs. These sections were enacted pursuant to the authority granted by the City to regulate animals within the City limits. (See Section 2 of the Charter of the City of Roanoke.) In recent years, the General Assembly has enacted state statutes which also apply to dangerous and vicious dogs. These statutes and the amendments thereto which became effective July 1,2000, set forth specific procedures to be followed for animals to be declared dangerous or vicious. Pursuant to state statutes, localities may enact ordinances which regulate these types of animals. The ordinances are required to have certain procedural safeguards, including specific notice that an owner whose dog has been declared to be dangerous by the local animal control officer has the right to appeal the decision to the general district court. Under the provisions of the current City Code, this type of notice and this right of appeal are not specified. As a result, legal challenges have been successfully brought in cases where the general district court has declared an animal to be dangerous. The ordinance which I recommend for your consideration and approval remedies the deficiencies in the current City Code related to dangerous dogs. The amended ordinance also incorporates other provisions of the State enabling statutes and clarifies the owner's responsibility to confine an animal which is suspected of having rabies or which has bitten an individual. The ordinance also contains certain "housekeeping" changes to conform the City Code terminology to the state code's language. Representatives of the Police Department, Commonwealth's Attorney's Office and the Office of the City Attorney have worked together closely in the preparation of this ordinance. Recommended Action: City Council adopt the attached ordinance to amend and reordain portions of Chapter 6. Animals and Fowl, of the Code of the City of Roanoke. Respectfully submitted, City Manager Attachment c: City Clerk City Attorney George C. Snead, Jr., Assistant City Manager for Community Development Chief A. L. Gaskins, Roanoke City Police Department Dr. Molly O'Dell, Roanoke City Health Department #00-425 Council Report # Attachment [ 07/03/00 CHAPTER 11 An Act to amend and reenact ~ $. 1-796. 95.'1 of the Code of Virginia, relating to local animal ordinances. IH 638] Approved March 1, 2000 Be it enacted by the General Assembly of Virginia: 00-425 1. That § 3.1-796.93:1 of the Code of Virginia is amended and reenacted as follows: § 3.1-796.93:1. Authority to control dangerous or vicious dogs. A. The governing body of any county, city or town may enact an ordinance regulating dangerous dogs and vicious dogs. B. As used in this section, "dangerous dog" means a canine or canine crossbreed which has bitten, attacked, or inflicted injury on a person or companion animal, other than a dog, or killed a companion animal, and "vicious dog" means a canine or canine crossbreed which has (i) killed a person; (ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (iii) continued to exhibit the behavior which resulted in a previous finding by a court that it is a dangerous dog, provided that its owner has been given notice of that finding. C. Any ordinance enacted pursuant to this section shall prescribe the following provisions: 1. Any animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog or vicious dog shall apply to a magistrate of the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. The animal control officer or-o,,vn~ shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after heating the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of the ordinance. If, after heating the evidence, the court f'mds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of § 3.1-796.119. 2. No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor Shall the local governing body prohibit the ownership of a particular breed of canine or canine crossbreed. No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian, (ii) committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian, or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog which was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog. No 1 of 3 6/22/00 2:48 PM Council Report # 00-425 Attachment 1, Page 2 animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting nself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog. 3. The owner of any animal found to be a dangerous dog shall, within ten days of such finding, obtain a dangerous dog registration certificate from the local animal control officer for a fee of fifty dollars in addition to other fees that may be authorized by law. The local animal control officer shall also provide the, owner with a uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this subdivision shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. 4. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable, and (ii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (i) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by electronic implantation. 5. While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from the elements of nature. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. 6. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. 7. After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, notify the local animal control authority if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; (iii) is sold, given away, or dies; or (iv) has been moved to a different address. 8. The owner of any animal which has been found to be a dangerous dog who willfully fails to comply with the requirements of the ordinance shall be guilty of a Class 1 misdemeanor. 9. All fees collected pursuant to the ordinance, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by the ordinance, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.1-796.104:1. D. Any ordinance enacted pursuant to this section may prescribe the following provisions: 1. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons eighteen years of age or older who present satisfactory evidence that the animal has been 2 of 3 6/22/00 2:48 PM Council Report neutered orspayed. Attachment 1, · 07/03/00 # 00-425 Page 3 2. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $50,000, that covers animal bites. E. Notwithstanding the provisions of subdivision C 1, any ordinance enacted pursuant to this section may provide that an animal control officer may determine, after investigation, whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog, he may order the animal's owner to comply with the provisions of the ordinance. If the animal's owner disagrees with the animal control officer's determination, he may appeal the determination to the general district court for a trial on the merits. [Go to (General Assembly Home) 3 of 3 6/22/00 2:48 PM Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #236-246 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34918-070300 authorizing the City Manager to execute an administrative agreement and any necessary amendments thereto with the Fifth Distdct Employment and Training Consortium for implementation of various Community Development Block Grant programs. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Vickie L. Price, Adminstrator, Fifth Distdct Employment and Training Consortium, 310 Campbell Avenue, S. W., 2nd Floor, Roanoke, Virginia 24016 James D. Grisso, Director of Finance Barry L. Key, Director, Department of Management and Budget Office of Grants Compliance C ?xMyFil~bqJLY3 COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No.. 34918-0~0300. A RESOLUTION authorizing the City Manager to execute an administrative agreement and any necessary amendments thereto with the Fifth District Employment and Training Consortium for implementation of various Community Development Block Grant programs. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an administrative agreement with the Fifth District Employment and Training Consortium, and any necessary amendments thereto, within the limits of funds set forth and for the purposes specified in the City Manager's report to this Council dated July 3, 2000. The form of the agreement and any necessary amendments shall be in form approved by the City Attorney. ATTEST: City Clerk. H:~RES~R.-FDETC-CDBG-7.3.00 Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Background: Authorize Execution of 2000/01 Community Development Block Grant (CDBG) Agreement with the Fifth District Employment and Training Consortium (FDETC) The City of Roanoke receives entitlement grants each year under the Community Development Block grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U.S. Department of Housing and Urban Development (HUD). HUD approval of the City's FY 2000-01 CDBG Application is forthcoming. The letter of approval is pending the routine Congressional release process. For more than ten years, FDETC has received HUD funding from the City to conduct employment training and individualized job placement services to Iow to moderate income job seekers. Considerations: In order for the FDETC to continue to conduct employment training and individualized job placement services to Iow to moderate income job seekers and to disburse the grant funds to the project, an agreement with the FDETC is necessary. Funding is available in Account No. 035-G01-0138-5263 in the amount of $41,928. Recommended Action: Authorize the City Manager to execute a CDBG Agreement with the FDETC, similar in form and content to Attachment 1. City Manager Attachment: 1 C~ Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Vickie S. Tregubov, Grants Specialist Report # 00-39 AGREEMENT Attachment 1 This Agreement is made and entered into this between the following parties: day of July, 2000, by and The Grantee - City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 and the Subgrantee - Fifth District Employment and Training Consortium 310 West Campbell Avenue, S.W. Roanoke, Virginia 24016 WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No. 34798-050900, adopted May 9, 2000, to provide Forth One Thousand Nine Hundred Twenty Eight Dollars and 00/100 ($41,928) in Community Development Block Grant funds as part of its Business Training Initiative Program; and WHEREAS, the Roanoke City Council approved by Resolution No. -062199, the 2000 Community Development Block Grant (CDBG) program and Ordinance No. 062199 appropriated funds therefore. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. SCOPE OF SERVICES: The Subgrantee shall work with nine local businesses to assist them in identifying the occupational skills needed by employees to effectively perform their jobs. The Subgrantee shall also provide individualized job placement services for approximately 55 Iow to moderate income persons, covering topics such as interview skills and resume development. Further, the project will provide specialized pre-employment training for job applicants which address employer- identified priorities. This training process may include a detailed assessment of job skills and instruction in communication skills (oral and written), critical thinking/problem solving and other related job retention skills. 2. TIME OF PERFORMANCE: This Agreement shall be for the period of July 1, 2000 through June 30, 2001. 3. BUDGET: The total amount of CDBG funds used for this project shall not exceed $41,928. The CDBG funds shall provide for staff, supportive and contractual services, supplies, printing, and copying and postage costs related to the Business Training Initiative program. All funding to be provided under this Agreement is contingent upon necessary appropriations by Congress and from the U. S. Department of Housing and Urban Development (HUD). 4. PROPOSED PAYMENTSCHEDULE AND PROCEDURES: Requests for payment will be submitted to the City's Office of Grants Compliance for initial review and approval for payment. Funds will be disbursed monthly, as needed. Payment will be made to the Subgrantee within ten (10) days from date of receipt, subject to the approval of the Grantee. Approval of each reimbursement request will be subject to CDBG eligibility and timely receipt of the monthly reports detailed in Paragraph 10. The Grantee reserves the right to refuse payment to the Subgrantee in the event that the Subgrantee submits a reimbursement request sixty (60) calendar days from the contract expiration date. 5. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. 6. INDEMNIFICATION: Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Subgrantee including: (a) Subgrantee use of the streets or sidewalks of the City or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be 10. brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Subgrantee on account thereof, Subgrantee upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the City or any or its officers, employees, agents, volunteers or representatives, either independently or jointly with Subgrantee then Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. COMPLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-87, "Principles for Determining Costs Applicable to Grants and Contracts with State, Local and Federally recognized Indian Tribal Governments", and with all applicable sections of 24 CFR Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments". PROGRAM INCOME: "Program income" means gross income received by the Grantee or Subgrantee directly generated from the use of CDBG funds. No program income is expected. Program income from any and all sources shall be submitted to the City within five (5) days of its receipt by the Subgrantee. RECORDS AND REPORTS: The Subgrantee shall maintain full and accurate records with respect to all matters covered under this Agreement. All records pertaining to this Agreement and the services performed pursuant to it, shall be retained for a period of four (4) years after the expiration date of this Agreement or its amendments. Appropriate City and/or HUD personnel shall have free access to those records 11. 12. 13. 14. during the Agreement duration and the following four-year time period. The Subgrantee shall submit cumulative monthly reports, beginning in August, to the Grantee's Office of Grants Compliance (see Attachment B). The reports are due no later than the 15th of the following month. Such reports shall consist of a narrative of accomplishments to date, a financial report of revenues, expenses and program income, and an accounting of program beneficiaries, including their racial and ethnic characteristics. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family or business associates, during their tenure or for one (1) year thereafter. SUSPENSION AND TERMINATION' Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. REVERSION OF ASSETS: Upon expiration of this agreement, or amendments thereto, the Subgrantee shall transfer to the City any CDBG funds or program income on hand at the time of expiration, or received after such expiration, and any accounts receivable attributable to the use of CDBG funds. ANNUAL AUDIT: As an entity receiving less than $300,000 in federal funding from the Grantee, the Subgrantee shall not be required by the Grantee to undergo an annual independent audit of the CDBG expenditures under this Agreement. Furthermore, no expenditures with respect to any such audit undertaken at the Subgrantee's own initiative shall be chargeable to the funds under this Agreement. 15. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. 16. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. 17. ENTIRE AGREEMENT: This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. 18. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager SUBGRANTEE By Witness By Vickie L. Price, Administrator APPROVED AS TO CDBG 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 Director of Finance Date Account No.035-G01-0138-5263 $41,928 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #165-178-236 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34919-070300 authorizing execution of a subgrant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant funds for fiscal year 2000-01, for development of the McCray Court Senior Living Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James Lesniak, Executive Director,. Northwest Neighborhood Environmental Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24017 James D. Grisso, Director of Finance Barry L. Key, Director, Department of Management and Budget Office of Grants Compliance C:kMy Files~IULY3COR. WPD IN THE-COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No.,. 34919.070300. A RESOLUTION authorizing the execution of a subgrant agreement with the Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001, for the development of McCray Court Senior Living Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized on behalf of the City to execute and attest, ~respectively, a amendments thereto, if necessary, with the subgrant agreement, and any necessary Northwest Neighborhood Environmental Organization for administration of Community Development Block Grant (CDBG) funds for FY 2000-2001, for the development of the McCray Court Senior Living Project, within the limits of funds as more particularly set forth in the City Manager's report and attachment, dated July 3, 2000. 2. The form of said agreement, and any necessary amendments thereto, shall be approved by the City Attorney. ATTEST: City Clerk. H:'d~ESXR-CDBG-NN'EO-7.3 -00 Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Authorize Execution of 2000/01 Community Development Block Grant (CDBG) Subgrant Agreement with the Northwest Neighborhood Environmental Organization (NNEO) Background: The City of Roanoke receives entitlement grants each year under the Community Development Block grant (CDBG) and HOME Investment Partnerships (HOME) programs of the U.S. Department of Housing and Urban Development (HUD). HUD approval of the City's FY 2000-01 Consolidated Plan is forthcoming. The letter of approval is pending the routine Congressional release process. In the past, NNEO has received HUD funding from the City to conduct housing and other community development projects in the Gilmer neighborhood. Considerations: An agreement with NNEO is necessary in order to provide funding for NNEO to develop the McCray Court Senior Living project. Funding is available in Account No. 035-G01- 0137-5297 in the amount of $300,000. Recommended Action: Authorize the City Manager to execute a CDBG Subgrant Agreement with the NNEO, approved as to form by the City Attorney, similar in content to Attachment 1. City Manager Attachment: 1 C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Vickie S. Tregubov, Grants Specialist Report # 00-41 ATTACHMENT 1 AGREEMENT This Agreement is made and entered into this __ the following parties: day of July, 2000, by and between The Grantee City of Roanoke, Virginia 215 Church Avenue, S.W. Roanoke, Virginia 24011 The Subgrantee Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N.W. Roanoke, Virginia 24016 WITNESSETH: WHEREAS, by Resolution No. 34881-061900, Roanoke City Council approved the 2000-01 Community Development Block Grant (CDBG) program and, by Ordinance No. 34880-061900, appropriated funds therefor; and WHEREAS, the Grantee has been authorized by its City Council pursuant to Resolution No. 34798-050900, adopted May 9, 2000, to provide Three Hundred Thousand Dollars and 00/100 ($300,000) towards the McCray Court Senior Living Program as part of its Community Development Block Grant program. WHEREAS, by Resolution No. -070300, Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee; and NOW, THEREFORE, the parties hereto mutually agree as follows: SCOPE OF SERVICES: Activities- Funds under this Agreement shall be the Subgrantee for architectural and engineering and construction costs associated with the community service building component which will be attached to the 68- unit senior rental complex. Allowable Expenditures -Except as follows, funds under this Agreement may be expended for any necessary, reasonable and allowable CDBG cost, including, but not necessarily limited to, the "bricks and mortar" costs of new construction of the community service building. Agreement Page 2 TIME OF PERFORMANCE: This agreement shall be for the period of July 1,2000 through June 30, 2001. BUDGET: The total amount of CDBG funds to be provided by the Grantee under this Agreement is $300,000. At the sole discretion of the Grantee, any funds remaining unexpended as of the end date of this Agreement may be deobligated from this Agreement and made available for other CDBG projects, as appropriate. The award of funds for this project shall not be construed to commit the Grantee to award other funding to this or any other project of the Subgrantee. REQUESTS FOR DISBURSEMENTS OF FUNDS: This is a reimbursement contract. Disbursement of funds under this Agreement shall not be requested until the funds are needed for payment of eligible costs. The amount of each disbursement request must be limited to the amount needed. Requests for disbursement of funds shall be submitted to the Grantee's Office of Grants Compliance, 541 Luck Avenue, S.W., Suite 221, Roanoke Virginia, for initial review and approval for payment. Requests for disbursement of funds shall include copies of invoices and/or AIA document 702 and 703 with all necessary approvals, acceptable to the Grantee, and any other documentation deemed necessary by the Grantee. Upon approval of the request by the Grantee's Office of Grants Compliance and the Grantee's Project Manager, if any, the Grantee shall disburse funds to the Subgrantee. All requests for disbursements with respect to costs incurred during the period of this Agreement, must be received by the Grantee within 60 calendar days of the ending date of this Agreement. The Grantee shall not be bound to honor requests for disbursements received after this 60-day period has elapsed. SECTION 504: The Subgrantee agrees to comply with any federal regulation issued pursuant to compliance with the Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination against the disabled in any federal assisted program. INDEMNIFICATION: Subgrantee agrees and binds itself and its successors and assigns to indemnify, Agreement Page 3 keep and hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Subgrantee including: (a) Subgrantee use of the streets or sidewalks of the City or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Subgrantee on account thereof, Subgrantee upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the City or any or its officers, employees, agents, volunteers or representatives, either independently or jointly with Subgrantee then Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. COMPLIANCE WITH FEDERAL REGULATIONS: The Subgrantee agrees to abide by the HUD conditions for CDBG programs as set forth in Attachment A and all other applicable federal regulations relating to specific programs performed hereunder. Further, the Subgrantee agrees to require compliance with applicable federal regulations of the contractor by agreement. FEDERAL LABOR SDTANDARDS PROVISIONS: The Subgrantee and all contractors engaged under a contract in excess of two thousands dollars ($2,000.00) for the construction, renovation, rehabilitation, completion, or repair of any building or work financed in whole or in part with the assistance provided under this Agreement shall comply with HUD requirements pertaining to such contracts and the applicable requirements of the regulations of the Department of Labor under 29 CFR Parts 3 and 5, and more fully detailed in Attachment B to this Agreement. The Subgrantee shall cause or require to be inserted in ful in any such contracts subject to such regulations, the provisions meeting the requirements of 29 CFR Part 5.5. 10. 11. 12. Agreement Page 4 PROGRAM INCOME: In accordance with 24 CFR 570.500 and 570.504, any income directly generated through the investment of CDBG funds provided under this Agreement shall constitute "program income" to the CDBG program and is subject to all CDBG rules for such income. Within 15 days of its realization, all program income generated by the Subgrantee's use of CDBG funds provided under this Agreement shall be remitted to the Grantee. UNIFORM ADMINISTRATIVE REQUIREMENTS: The Subgrantee shall comply with the requirements and standards of OMB Circular No. A-110, "Uniform Administrative Requirements..."; OMB Circular No. A-122, "Cost Principles for Non -Profit Organizations"; and OMB Circular A- 133, "Audits of Institutions of Higher Education and Other Nonprofit Institutions" or the related provision specified in 24 CFR 92.505 or 570.502. RECORDS AND REPORTS: The Subgrantee agrees to submit such reports as may be requested by the Grantee concerning the activities conducted under this Agreement. Further, the following shall apply to financial and project records pertaining to this Agreement: Records to be maintained - At a minimum, the Subgrantee shall maintain financial and project documents and records to comply with the requirements of 24 CFR 92.508, 570.506, and 570.507, as applicable. bo Period of record retention- The Subgrantee shall retain financial and project documents and records pertaining to this Agreement for a period of four (4) years in compliance with the requirements 24 CFR 570.502(b). Access to records - The Grantee and other entities shall have access to financial and project documents and records pertaining to this Agreement in compliance with the applicable requirements of 24 CFR 84.53. CONFLICT OF INTEREST: No employee, agent, consultant, officer or appointed official of the Subgrantee, who is in a position to participate in a decision-making process or gain inside information with regard to any CDBG activity, may obtain a personal or financial interest in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder, either for themselves, their family, or business associates, 13. 14. 15. 16. 17. 18. 19. Agreement Page 5 during their tenure or for one (1) year thereafter. SUSPENSION AND TERMINATION: Suspension or termination may occur if the Subgrantee materially fails to comply with any term of this award, and the award may be terminated for convenience by the Grantee or Subgrantee upon written notification to the awarding agency (HUD), setting forth the reasons for such termination, the effective date, and in case of partial termination, the portion to be terminated. REVERSION OF ASSETS: Upon expiration of this Agreement, or amendments thereto, the Subgrantee shall transfer to the Grantee any CDBG funds or program income on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. THIRD-PARTY CONTRACTS: The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. INDEPENDENT CONTRACTOR: Services performed under this Agreement shall be performed on an independent contractor basis and under no circumstances shall this Agreement be construed as establishing an employee/employer relationship. The Subgrantee shall be completely responsible for its activities in performing services hereunder. SUCCESSORS: This Agreement shall be binding upon each parties, and their assigns, purchasers, trustees, and successors. AVAILABILITY OF FUNDS: All funding to be provided under this Agreement is contingent upon necessary appropriations by Congress. In the event that sufficient funds are not appropriated, at the sole discretion of the Grantee, this Agreement may be terminated in whole, or in part. ANTI-LOBBYING: To the best of the Subgrantee's knowledge and belief, no federal appropriated funds have been paid or will be paid, by or on behalf of it, to any persons for 20. 21. Agreement Page 6 influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an office or employee of Congress, or an employee of a Member of congress in connections with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this agreement, the Subgrantee will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, "in accordance with its instructions. ENTIRE AGREEMENT: This Agreement, including all of its Exhibits, represents the entire agreement between the parties and this Agreement shall not be modified, amended, altered or changed, except by written agreement executed by the parties. GOVERNING LAW: This Agreement shall be governed by laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year hereinabove written: ATTEST: CITY OF ROANOKE: By. By. Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: SUBGRANTEE: By. By James Lesniak, Executive Director APPROVED AS TO CDBG ELIGIBILITY Office of Grants Compliance APPROVED AS TO EXECUTION Assistant City Attorney Agreement Page 7 APPROVED AS TO FORM Assistant City Attorney APPROPRIATION AND FUNDS REQUIRED FOR THIS CONTRACT CERTIFIED Director of Finance Date Account # 035-G01-0137-5297 - $3OO,0OO MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11,2000 File #5-54 Ms. Diane Dominguez 5226 South West Ludlum Street Palm City, Florida 34990 Dear Ms. Dominguez: I am enclosing copy of Resolution No. 34920-070300 accepting a donation from Ms. Diane Dominguez of Palm City, Florida, of two Friesian homes, valued in excess of $5,000.00, for use by the City's Mounted Patrol Unit of the Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. On behalf of the City of Roanoke, I would like to express appreciation for your generous donation. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Dadene L. Burcham, City Manager George C. Snead, Jr., Assistant City Manager for Community Development A. L. Gaskins, Chief, Department of Police C:~MyFiI~IJLY3COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. ,~o. 34920-070300. A RESOLUTION accepting the donation of two Friesian horses for use by the City's Mounted Patrol Unit of the Police Department, and expressing appreciation for such donation. WHEREAS, Diane Dominguez of Palm City, Florida, has generously offered to donate two Friesian horses, each a 3-year old gelding, which horses are said to be suitable for use by the City's Mounted Patrol Unit of the Police Department; and WHEREAS, it is the recommendation of the City Manager that City Council accept the horses for use by the City's Mounted Patrol Unit of the Police Department in accordance with the provisions of {}2-263, Code of the City of Roanoke (1979), as amended, which provides that gifts valued in excess of $5,000 be accepted by resolution of City Council. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation of two Friesian horses, each a 3-year old gelding, for use by the City's Mounted Patrol Unit of the Police Department, in accordance with the recommendation contained in the City Manager's report to City Council dated July 3, 2000. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Ms. Dominguez for her generous offer to the City. 3. The City Clerk is directed to transmit a copy of this resolution to Diane Dominguez, Palm City, Florida, expressing the City's appreciation of this donation. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Donation of Two Friesian Horses Background: The Roanoke City Police Department's Mounted Patrol Unit was formed in 1993. The Mounted Patrol Unit has relied on numerous donations to maintain its operations. Most of the Police Mounts have been donated by citizens of the Roanoke Valley to keep operational costs at a minimum. Recently Officer C. F. Garrett visited a horse farm in Palm City Florida which is owned by Diane Dominguez, who specializes in raising Friesian horses. Ms. Dominguez offered the Roanoke City Police Mounted Patrol Unit a donation of two (2) Friesian horses. These horses are valued at approximately $30,000 each. The two horses that Ms. Dominguez is offering to the Mounted Patrol Unit are three year old geldings, large in stature, docile, and believed suitable for police training. This would be an excellent opportunity to place the Roanoke City Police Mounted Patrol Unit in the forefront by using such a highly recognized horse breed in daily operations. City Code Section 2-263 requires Council action to approve acceptance of gifts exceeding $5,000 in value. Recommended Action: Council authorize acceptance of these two horses from Ms. Diane Dominguez of Palm City, Florida. Respectfully submitted, City Manager CC: City Clerk City Attorney Assistant City Manager for Community Development Chief A. L. Gaskins, Police 00-428 Department of Finance City of Roanoke, Virginia July 3, 2000 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance May Financial Report This financial report covers the first eleven months of the 1999-00 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 5.53% or $8,588,000 compared to FY99. Revenues are at 92.7% of the estimate for the year. Variances in specific categories of revenues are as follows: General Property Taxes are up 2.53% or $1,642,000. Real estate taxes have increased $1,555,000 or 3.64%, slightly below estimated growth of 3.8%. Personal property taxes recorded in this category have decreased $500,000, due to the increase in the percentage of funding provided by the Commonwealth of Virginia from 27.5% to 47.5%. Personal property tax revenue funded by the Commonwealth is reflected in the Grants-in-Aid revenue category. Total personal property revenue, including the state share, has increased almost $2,000,000 on an accrual basis, reflective of increased vehicle assessments and growth generated by new vehicle sales. Public service tax revenue has increased 15.61% or $495,000, also reflecting strong growth in the personal property portion of this category, which was due May 31. Penalties and interest on delinquent taxes have increased 12.03% or $79,000, reflecting the results of improved collections during the current fiscal year. Other Local Taxes increased 4.85% or $2,250,000. Utility consumer taxes have increased $537,000 or 5.72%, most notably in telephone utility tax as a result of the increase in the volume of local telephone lines. Franchise tax revenue has increased 20.19% or $195,000 as a result of approximately $200,000 in additional revenue received from the telecommunications act right of way use fee, which became effective July 1, 1999. Prepared food and beverage tax revenue increased $364,000 or 7.14% due, in part, to the addition of new restaurants in the Valley View area. Transient room tax revenue has increased $177,000 or 13.45% as a result of the 1% increase in the tax rate. Bank stock taxes have also increased $319,000 or 33.9%. Permits, Fees and Licenses are up 15.73% or $105,000. Building, electrical and heating inspection fees continue to reflect increases resulting from commercial development and construction in FY00. Revenue from Use of Money and Property is up 30.09% or $231,000. In July of FY00, the State was billed for the amount that actual expenditures exceeded projected operating and maintenance costs for the Commonwealth Building for FY99. This resulted in a significant increase in rental income. Reimbursement received for the rental of the Municipal North Building by Social Services rose due to an increase in the monthly rental fee. Grants-in-Aid Commonwealth increased $4,366,000 or 11.96%. As noted previously, the increased portion of personal property tax revenue to be provided by the Commonwealth has resulted in a $2,453,000 or 82.82% increase over FY99. Law enforcement funding through House Bill 599 increased $1,229,000. As part of the 1999 General Assembly, the Commonwealth agreed to adjust funding to reflect the original provision of the bill, resulting in a significant increase in funding expected in FY00. Rental car tax has increased 11.91% or $87,000. The addition of rental companies that include heavy truck rentals, previously unavailable within the City, has produced an increase in this revenue source. Revenue received from the Commonwealth for the operation of the Sheriff's Department and the Jail has increased by $302,000 or 6.26%, primarily to cover the increased personal service costs associated with public safety employees in the Sheriff and Jail departments. Honorable Mayor and Members Roanoke City Council July 3, 2000 Page 2 Grants-in-Aid Federal Government has increased $8,600 as result of a timing difference in the receipt of FEMA revenue. Miscellaneous Revenue decreased 11.27% or $44,000. This difference is due to a decrease in proceeds from the sale of surplus property. The spring sale of surplus property, conducted in April of FY99, included an unusually large volume of surplus items and thus significantly larger proceeds than that of the spring sale conducted in May of FY00. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased 1.79% or $2,844,000 since FY99. Variances in individual expenditure categories generally increased less than 4.0% when compared to prior year to date expenditures and encumbrances. Larger variances are discussed as follows: General Government expenditures have increased 5.45% or $526,000. The addition of the Citizens Service Center in this expenditure category has resulted in an increase of $130,000 when compared to FY99. Office of Billings and Collections expenditures rose $141,000 primarily duc to increased internal service and personal service costs related to the development and implementation of the new utility billing system. Office of Management and Budget expenditures have increased by $49,000 as a result of costs related to the City Manager's staff reorganization, office relocation, and development of a new cost accounting system. The Occupational Health Clinic, Electoral Board and Supply Management also reflect expenditure increases compared to FY99. Community Development expenditures increased 27.76% or $672,000. Economic Development expenditures increased due to additional costs incurred for an 1-73 economic impact study. Savings in personal service costs from vacant positions have been offset by increased temporary service and office relocation costs. Memberships and Affiliations expenditures increased $453,000 or 35.5% as a result of the increased contributions paid to Roanoke Valley Convention and Visitors Bureau and Roanoke Economic Development Partnership, as well as the additions of contributions to Virginia Amateur Sports, Center in the Square and New River Valley Commerce Park in the current fiscal year. Contributions to the Hotel Roanoke Conference Center Commission have increased as a result of a timing difference in the quarterly payment. Transfer to School Fund increased 4.52% or $1,735,000, as a result of the combined effect of the 2.66% increase in budgeted transfer and the appropriation of $715,000 of the $1,015,000 in CMERP funds allocated to the Schools. Nondepartmental expenditures decreased $1,671,000, or 18.77%. Transfers to Capital Projects Fund has decreased $1,194,000 or 28.03%. Funding for certain projects has been reallocated from Capital Projects to Debt Service for the repayment of debt made in thc current period of the fiscal year. Increased revenue from the Federal government to the Greater Roanoke Transit Company has resulted in the reduction of the local subsidy provided by the City, and thus a decrease in the Transfer to Transportation Fund of approximately $448,000. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/HRH Attachments Director of Finance Balance July 1, 1999 Ordinance Number Date CMT 251 07/02/99 34402 07/19~99 34446 08/16/99 CMT 295 09/15/99 34497 10/04/99 CMT 299 10/05/99 CMT 309 11/23/99 CMT 312 11/28/99 C MT 699 12/13/99 CMT 715 01/20/00 CMT 717 01/28/00 34660 02/07/00 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE MAY 31, 2000 Department Cultural Services Committee Supply Management Transfer to Grant Fund Emergency Services Memberships and Affiliations City Council Transfer to Grant Fund City Council City Manager City Manager Personnel Transfer to Capital Projects Fund 34668 02/07/00 Snow Removal CMT 330 02/09/00 City Council CMT 332 03/17/00 City Council 34716 03/20/00 CMT 768 04/09/00 CMT 350 05/08/00 CMT 352 05/03/00 34808 05/15~00 34809 05/15/00 Economic Development Memberships and Affiliations General District Court Parks and Grounds Maintenance Various Transfer to Capital Projects Fund Balance May 31, 2000 Pu _mose Sister Cities Program Fee Proration Governmental Electric Rate Negotiations Local Match for Office on Youth Installations of Amateur Radio Antennas for Y2K Preparation Virginia's First Regional Industrial Facilities Authority Reimbursement of Interviewee Travel Expenses Transfer to Grant Fund for Regional Drug Prosecutor Reimbursement of Interviewee Travel Expenses Reimbursement of Travel Expenses Prior to Employment Date Community Relations Task Force Workshop and City Manager's Rent Reimbursement Diversity Awareness Training Classes Public Works Service Center Environmental Settlement (DEQ) Purchase of Chemicals Christmas in April Sponsorship Professional Services of Legislative Liaison Lease of Office Space Middle School Learning Center Pilot Digital Wiring for CAT5 Project Extended Contract for Grass Mowing Unused Salary Lapse Public Works Service Center Commitments ~20,244 (2,500) (33,675) (6,293) (2,500) (27,500) (5,000) (12,560) (2,O00) (2,000) (7,054) (7,700) (125,000) (42,450) (2,000) (10,712) (16,924) (7,200) (17,005) (15,000) 45,940 _(74,007) $47,104 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July I - May 31 July I - May 31 Revenue Source 1998-99 1999-00 General Property Taxes $64,917,208 $66,559,130 Other Local Taxes 46,397,822 48,647,746 Permits, Fees and Licenses 664,936 769,530 Fines and Forfeitures 886,987 899,338 Revenue from Use of Money and Property 768,054 999,150 Grants-in-Aid Commonwealth 36,516,561 40,882,379 Grants-in-Aid Federal Government 17,130 25,719 Charges for Services 2,998,072 3,004,028 Miscellaneous Revenue 389,003 345,164 Internal Services 1,721,498 1,733,018 Total $155,277,271 $163~865,202 Percentage of Change Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 2.53 % $65,586,470 101.48% 4.85 % 53,562,405 90.82% 15.73 % 703,500 109.39% 1.39 % 957,807 93.90% 30.09 % 1,047,040 95.43% 11.96 % 49,024,714 83.39% 50.14 % 34,260 75.07% 0.20 % 3,330,300 90.20% (11.27) % 317,500 108.71% 0.67 % 2,155,400 80.40% 5.53 % $176,719,396 92.73% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Date for the Period July I - May 31 July I - May 31 Percentage 1998-99 1999-00 of Change $9,640,326 $10,166,036 5.45 4,060,529 4,199,709 3.43 38,160,642 39,615,668 3.81 20,978,247 20,653,106 (1.55) 22,265,452 22,465,418 0.90 4,041,186 4,103,172 1.53 % 2,419,274 3,090,951 27.76 % 10,378,143 10,430,404 0.50 % 38,359,777 40,094,742 4.52 % 8,907,193 7,235,717 (18.77) % $159,210,969 ~ ~6~2_~,0~,~3 ~ ~ 1.79 % Current Fiscal Year Percent of Unencumbered Revised Budget aa~l~anc~e Ap__p[opHa~0ns Oblig~a_ted % $1,328,739 $11,494,775 88.44% % 416,014 4,615,723 90.99% % 4,813,700 44,429,368 89.17% % 2,449,603 23,102,709 89.40% % 3,104,464 25,569,882 87.86% 414,997 4,518,169 90.81% 336,549 3,427,500 90.18% 1,679,447 12,109,851 86.13% 3,742,003 43,836,745 91.46% 1,617,324 8,853,041 81.73% $19,902,840 $181,957,763 89.06% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July I - May 31 July I - May 31 Percentage 1998-99 1999-00 of Change $6,934,717 $7,175,993 3.48 % 34,131,958 34,522,914 1.15 % 2,351,355 2,445,813 4.02 % 2,902,267 2,686,194 (7.44) % 38,359,777 40,094,742 4.52 % 9,260,631 9,275,532 0.16 % $93,940,705 $96,201,188 2.41% Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,638,640 83.07% 39,280,160 87.89% 2,915,599 83.89% 3,216,301 83.52% 43,674,676 91.80% 11,856,037 NA $109,581,413 87.79% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures 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 - May 31 July 1 - May 31 Percentage 1998-99 .... 199~9:_00 _ of Change $61,332,613 $64,591,035 5.31 2,994,558 3,213,516 7.31 3,027,820 3,318,316 9.59 Current Fiscal Year Unencumbered Balance % $6,641,642 % 443,153 % 341,585 Percent of Revised Budget Appropriations Obligated $71,232,677 90.68% 3,656,669 87.88% 3,659,901 90.67% 8,084,981 8,445,951 3,726,476 3,740,236 2,154,257 2,470,419 4,145,861 4,780,180 9,909,749 11,856,037 $95,376,315 $1_02,4~_690 4.46 % 1,479,460 9,925,411 85.09% 0.37 % 548,947 4,289,183 87.20% 14.68 % 401,726 2,872,145 86.01% 15.30 % 4,780,180 100.00% 19.64 % 11,856,037 NA 7.38 % $9,~8_56,513 :$!!2,_272,203 91.22% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MAY 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 $14,385,534 $6,056,862 $8,328,672 $4,411,777 $3,916,895 2,500,000 2,250,000 250,000 250,000 14,151,707 7,991,695 6,160,011 56,960 6,103,051 19,633,926 13,725,795 5,908,131 911,811 4,996,320 2,307,600 1,022,528 1,285,072 533,560 751,512 5,886,602 5,307,290 579,312 9,417 569,895 4,380,625 2,977,365 1,403,260 1,071,059 332,201 24,934,244 21,212,313 3,721,931 2,033,903 1,688,028 1,836,159 508,477 1,327,682 380,385 947,297 4,204,160 2,394,050 1,81 O, 110 995,384 813,726 13,133,192 13,133,192 13,133,192 $107,353,749 $63,446,376 $43,907,373 $10,405,256 $33,502,117 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MAY 31, 2000 Education Capital Improvement Reserve Total Budget $31,182,768 2,266,271 $33,449,039 Expenditures Unexpended Outstanding Unobligated To Date Balance Encumbrances Balance $23,590,527 $7,592,241 $6,778,660 $813,581 2,266,271 2,266,271 $23,590,527 $9,858,512 $6,778,660 $3,079,852 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 11 MONTHS ENDING MAY 31, 2000 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA - Garden City Hazardous Mitigation FEMA - Regional Mitigation Project Commonwealth: Virginia Transportation Museum - ISTEA Project Impact Public Works Service Center Virginia Western Community College-Signals Second StreetNVells/Gainsboro Project Roadway Safety Improvements VDES - Regional Mitigation Project Second Street Entrance - Coca Cola Total Intergovernmental Revenue Revenue from Third Parties: First Union Penalty Payment Roanoke Valley Detention Commission ^ & M Enterprises - Land Sale Norfolk Southern - Hunter Viaduct Transkrit Corporation Excavation Project Mill Mountain Visitors Center - Private Donations Serenity Funeral Home - Land Sale 118 Campbell Avenue - Land Sale InSystems Incorporated - Land Sale Contribution from the Estate of Lenore Wood Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Debt Service Fund Transfers from Grant Fund General Obligation Bond Proceeds- Series 1999 Total Other Revenue Total FY 2000 $1,579,006 827,455 2,406,461 364,186 196,046 79,270 349,224 17,340 37,500 1,043,566 10,800 950,000 6,776 37,000 51,052 20,000 13,525 39,045 1,128,198 3,064,329 131,500 27,038,000 30,233,829 $34,812,054 FY 1999 $972,391 666,317 1,638,708 398,936 71,503 26,283 100,000 109,150 705,872 6,000 700,000 346,660 1,052,660 4,258,040 727,845 4,985,885 $8,383,125 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 1t MONTHS ENDING MAY 31, 2000 Operating Revenues FY2000 FY 1999 Commercial Sales Domestic Sales Industrial Sales Town of ¥inton City of Salem County of Roanoke County of Botetourt County of Bedford Customer Services Charges for Services $3,074,346 $2,840,952 2,877,765 2,681,298 219,419 213,778 19,762 19,832 21,552 13,888 1,621,092 1,464,829 177,493 114,644 38,118 5,802 515,226 370,100 2,762,144 2,880,175 Total Operating Revenues 11,326,917 10,605,298 Operating Expenses Personal Services Operating Expenses Depreciation 3,761,691 3,540,360 4,976,661 3,396,461 1,550,356 1,419,543 Total Operating Expenses 10,288,708 8,356,364 1,038,209 2,248,934 Operating Income Nonoperating Revenues (Expenses) Transfer from General Fund Interest on Investments Rent Miscellaneous Revenue Sale of Land Source Water Assessment Grant Loss on Disposal of Fixed Assets Interest and Fiscal Charges 25,000 - 342,609 359,323 65,589 49,117 21,203 26,030 - 325,000 40,000 - - (569) (1,117,399) (1,220,634) Net Nonoperating Expenses (622,998) (461,733) Net Income $415,211 $1,787,201 Effective July 1, 1999, the Utility Line Services Fund was combined with the Water Fund. Prior year balances have been restated to enhance comparability. 6 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2000 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenues (Expenses) Interest on Investments Interest and fiscal charges Miscellaneous Revenue Loss on Disposal of Fixed Assets Total Nonoperating Revenues Net Income FY 2000 $6,705,921 755,620 126,541 767,578 130,674 224,313 79,531 8,790,178 1,687,390 4,665,113 1,058,587 7,411,090 1,379,088 377,700 10,296 (3,121) 384,875 $1,763,963 FY 1999 $6,733,206 708,727 119,980 501,957 95,791 134,730 94,988 8,389,379 1,636,399 4,711,303 891,721 7,239,423 1,149,956 549,558 (197) 17,130 (4,382) 562,109 $1,712,065 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2000 Operating Revenues Rentals Event Expenses Admissions Tax Parking Fees Commissions Display Advertising Novelty Fees Charge Card Fees Other Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Transfer from General Fund Interest on Investments Miscellaneous Loss on Disposal of Fixed Assets Total Nonoperating Revenues Net Loss FY2000 $474,856 184,091 180,153 232,356 789,845 57,172 53,384 23,879 21,301 2,017,037 1,261,166 1,419,740 369,781 3,050,687 (1,033,650) 958,403 56,237 3,973 1,018,613 ($15,037) FY1999 $538,764 171,378 174,802 207,504 253,923 1,200 51,911 28,624 18,609 1,446,715 1,045,760 1,135,713 369,808 2,551,281 (1,104,566) 858,771 65,559 1,703 (25,372) 900,661 ($203,905) CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 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) Interest on Investments Interest and Fiscal Charges Transfer from General Fund Operating Subsidy for GRTC Capital Subsidy for GRTC Miscellaneous Net Nonoperating Expenses Net Income (Loss) FY 2000 $300,164 368,555 177,947 388,257 322,094 64,056 1,621,073 656,266 497,124 1,153,390 467,683 15,071 (497,709) 766,358 (537,089) 6,531 (246,838) $220,845 FY 1999 $280,433 374,892 163,752 385,458 284,001 59,154 1,547,690 692,375 495,767 1,188,142 359,548 15,015 (520,357) 1,214,506 (1,028,260) (200,000) 5,753 (513,343) ($153,795) 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 2000 FY 2000 COMMISSION (1) CONFERENCE CENTER (2) TOTAL FY 1999 Operating Revenues Conference Center Total Operating Revenues $ $ 2,674,017 $ 2,674,017 2,674,017 $ 2,674,017 2,711,350 2,711,350 Operating Expenses Commission Conference Center Total Operating Expenses 545,105 545,105 2,198,845 2,198,845 545,105 2,198,845 2,743,950 (545,105) 475,172 (69,933) 277,906 2,339,164 2,617,070 94,280 Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other 175,000 175,000 50,873 175,000 175,000 50,873 (119,644) (119,644) (119,644) 281,229 355,528 211,296 133,701 584,835 $221,827 ($373,539) 131,250 131,250 41,446 (105,017) Net Nonoperating Revenues (Expenses) 400,873 198,929 293,209 480,468 ($187,259) Net Income (Loss) Before Depreciation (144,232) Depreciation Expense/Replacement Reserve 451,134 Net Income (Loss) ($S9S,366) 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 11 MONTHS ENDING MAY 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) TOTALS city Information Materials Management Fleet Risk Systems Control Services Management Management FY 2000 FY 1999 $3,342,610 $190,014 $116,765 $2,931.392 $6,380,536 $12,961,317 $12,324,901 3,342,610 190,014 116,765 2,931,392 6,380,536 12,961,317 12,324,901 1,636,067 98,084 25,079 1,089,267 173.549 3,022.046 2,971.326 810,286 17,195 82.992 826,238 6,878,599 8,615,310 8,375.477 487,668 1,683 18,439 1,632,976 2,140,766 2,030,836 2,934,021 116,962 126,510 3,648,481 7,052,148 13,778,122 13,377,639 408,589 73,062 (9,745) (617,089) (671,612) (816,805) (1,052,738) (1,920) 11,523 80,639 515,817 802,950 682,950 497,230 283,208 1.591,367 1,804,613 (59,438) Interest Revenue 196,891 Transfer From Other Funds 810,929 Loss on Disposal of Fixed Assets - Net Nonoperating Revenues (Expenses) Net Income (Loss) 1,007,820 (1,920) 11,623 577,869 799,025 2,394,317 2,428,126 $1,416,409 $71,132 $1,778 ($39,220) $127,413 $1,577,512 $1,375,387 Effective July 1, 1999, the Utility Line Services Fund has been combined with the Water Fund instead of being included on this statement as an Internal Service Fund. Prior year balances have been restated to enhance comparability. 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MAY 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 MAY 31,2000. FUND BALANCE AT BALANC~ AT-- - ' BALANCE AT APR 30, 2000 RECEIPTS DISBURSEMENTS MAY 31, 2000 MAY 31, 1999 GENERAL $2,634,902.44 $26,226,418.73 $13,722,478.99 WATER 6,545,336.33 1,290,382.37 132,104.86 SEWAGE 6,193,688.93 2,658,895.93 1,654,009.75 CIVIC CENTER 1,242,557.91 201,827.58 305,919.92 TRANSPORTATION 484,453.23 143,265.22 55,807.08 CAPITAL PROJECTS 48,053,767.16 322,008.96 2,128,183.74 CONFERENCE CENTER 1,052,283.54 45,311.88 56,615.25 JUVENILE DETENTION 5,582,130.48 31,553.94 925,734.79 DEBT SERVICE 12,093,773.46 55,084.85 60.95 CITY INFORMATION SYSTEMS 4,261,492.53 210,483.72 167,388.34 MATERIALS CONTROL (2,034.07) 116,975.52 112,729.53 MANAGEMENT SERVICES 240,222.96 17,005.85 5,420.95 FLEET MANAGEMENT 1,709,669.71 44,195.02 392,306.08 $15,138,842.18 $11,936,091.60 7,703,613.84 8,728,265.34 ~ 7,198,575.11 9,791,890.28 1,138,465.57 1,200,879.72 571,911.37 114,130.81 46,247,592.38 32,689,208.72 1,040,980.17 938,918.79 4,687,949.63 2,887,450.00 12,148,797.36 11,118,633.79 = 4,304,587.91 5,251,357.66: 2,211.92 (65,677.12)i 251,807.86 206,489.881 1,361,558.65 1,781,784.06! (10,585,632.88) (9,539,252.69)[ 11,117,542.46 10,417,201.84 0.00 4,447,661.64 (372,422.38) (436,982.85)1 6,996,152.30 11,835,407.66 ~ 2,072,545.70 (5,325,999.13)~ 64,057.41 141,173.91! 452,768.40 591,2_7_1.13. $98 799,905.04 PAYROLL (10,504,235.89) 13,820,004.82 13,901,401.81 RISK MANAGEMENT 10,847,867.69 752,992.24 483,317.47 HIGHER EDUCATION AUTH 0.00 0.00 0.00 PENSION 323,323.29 402,537.47 1,098,283.14 SCHOOL FUND 6,201,066.31 6,274,043.43 5,478,957.44 SCHOOL CAPITAL PROJECTS 2,989,154.93 258,255.25 1,174,864.48 FDETC (8,346.65) 186,895.53 114,491.47 GRANT 630,125.18 157,270.05 334,626.83 TOTAL $100,571,199.47 $53,215,408.36 $42,244,702.87 $111,541,90_4.96 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 MAY 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 $1,708,204.53 205,710.55 8,761,000.00 10,138,846.35 3,979,055.56 9,984,300.00 20,319,361.95 17,000,000.00 5,648,368.74 33,797,057.28 $111,541,904.96 DATE: JUNE 12, 2000 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 11 MONTHS ENDING MAY 31, 2000 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue FY 2000 $4,443,215 7,139,860 51,869,106 52,983 $63,505,164 FY 1999 $4,956,956 6,998,861 6,514,283 22,801 $18,492,901 ExDenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 Total Expenses Net Income $10,532,934 704,585 133,880 221,679 188,574 11,781,652 $51,723,512 $8,904,314 754,065 173,511 239,141 50,244 10,121,275 $8,371,626 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MAY 31, 2000 Assets Cash Investments: (market value: Due from Other Funds Other Assets Total Assets FY 2000 $344,893,291 FY 1999 $333,376,304) FY 2000 ($387,205) 293,682,367 19,557 18,000 $293,332,719 FY 1999 ($450,561) 236,590,848 11,130 18,000 $236,169,417 Liabilities and Fund Balance Liabilities: Due to Other Funds Accounts Payable Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance $995,356 57 995,413 240,613,794 51,723,512 292,337,306 $293,332,719 $905,536 2,220 907,756 226,890,035 8,371,626 235,261,661 $236,169,417 14 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #192 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34921-070300 accepting the proposal of Bottling Group LLC, d/b/a The Pepsi Bottling Group (Pepsi) for exclusive poudng rights for non- alcoholic beverages at the Roanoke Civic Center Facilities for a five year pedod with the option to renew for an additional five years upon mutual agreement by the parties; and authorizing the proper City officials to execute the requisite contract for same. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Director of On-Premise, The Pepsi Bottling Group, 226 Lee Highway, S. W., Roanoke, Virginia 24019 The Pepsi Bottling Group, 1 Pepsi Way, Somers, New York 10589 C:'~VlyFile~xJULY3COR. WPD Darlene L. Burcham July 11, 2000 Page 2 pc: Mr. Gordan L. Cox, Division Sales Manager, Coca-Cola Bottling Company Consolidated, 235 Shenandoah Avenue, N. W., Roanoke, Virginia 24016 Mark E. Feldmann, Chair, Roanoke Civic Center Commission, 2932 Lockridge Road, S. W., Roanoke, Virginia 24014 Kit B. Kiser, Assistant City Manager for Operations James M. Evans, Director, Department of Civic Facilities James D. Grisso, Director of Finance C: ~.lyFiles'~3JLY 3 COR. WP D IN THE couNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. bio. 34921-Q70300. A RESOLUTION accepting the proposal of Bottling Group LLC, d/b/a The Pepsi Bottling Group (Pepsi) for the exclusive pouring rights for non-alcoholic beverages at the Roanoke Civic Center Facilities for a five year period with the option to renew for an additional five years upon mutual agreement by the parties; authorizing the proper City officials to execute the requisite contract for the same; and rejecting other proposals made to the City. WHEREFORE, the Roanoke Civic Center Commission has recommended that City Council take the above action. ' THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council concurs in the recommendation of the Roanoke Civic Center Commission as set forth in a report to Council dated July 3, 2000. 2. The proposal of Bottling Group LLC, d/b/a The Pepsi Bottling Group (Pepsi) for the exclusive pouting rights for non-alcoholic beverages at the Roanoke Civic Center Facilities, all as more fully set forth in a report to Council dated July 3, 2000, be and is hereby ACCEPTED. 3. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, upon form approved by the City Attorney, a contract with Bottling Group LLC, d/b/a The Pepsi Bottling Group (Pepsi) for the exclusive pouring rights for non- alcoholic beverages at the Roanoke Civic Center Facilities for a five year period with the option to renew for an additional five years upon mutual agreement of the parties, all as more fully set forth in a report to this Council dated July 3, 2000, with the terms of. the contract to be substantially similar to the contract attached to that report. 4. All other proposals made to the City for exclusive pouring rights for non-alcoholic beverages at the Roanoke Cfvic Center Facilities are hereby rejected and the City Clerk is directed to notify each such offeror and to express to each the City's appreciation for such proposal. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report July 3, 2000 '00 JUN 27 P3:59 Honorable Ralph K. Smith, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Exclusive Pouring Rights at the Roanoke Civic Center Attached is a report considered by the Roanoke Civic Center Commission on June 19, 2000 (see Attachment 1). The Commission felt that due to the time lapse and delayed start date of the agreement with Bottling Group, LLC, d/b/a the Pepsi Bottling Group, the Commission needed to re-approve the exclusive pouring rights contract for the Roanoke Civic Center. Now Roanoke City Council is requested to take appropriate action to accept the Pepsi proposal and authorize the contract. The Roanoke Civic Center Commission voted unanimously to recommend that Roanoke City Council take the following action: Accept the proposal from Bottling Group, LLC, d/b/a The Pepsi Bottling Group (Pepsi) for a five year contract for the exclusive pouring rights at the Roanoke Civic Center Facilities with the option to renew for an additional five years upon mutual agreement of the parties. Award Pepsi a contract for the exclusive pouring rights at the Roanoke Civic Center Facilities as mentioned above and substantially similar to the contract attached to the report to Civic Center Commission dated June 19, 2000 (see Attachment 2), the form of the contract to be approved by the City Attorney, and authorize the City Manager and City Clerk to execute and attest, respectively, the said contract and any necessary documents thereto. 3. Reject the other proposal. Mark E. Feldmann, Chairman Civic Center Commission CC: City Clerk City Attorney Director of Finance Director of Civic Facilities Attachments: 2 #00-353 Roanoke Civic Center Commission Regular Commission Meeting Report Attachment I June 19,2000 Mark E. Feldmann, Chairman, and Members of the Civic Center Commission Roanoke, Virginia Dear Chairman and Commission Members: Subject: Exclusive Pouring Rights at the Roanoke Civic Center Background: At the July 19, 1999 meeting of the Civic Center Commission, the Commission reviewed proposals for non-alcoholic beverage pouring rights. The Commission unanimously passed a resolution to recommend to City Council the award of a contract, in a form approved by the City Attorney, with Bottling Group, LLC d/b/a The Pepsi Bottling Group to grant exclusive pouring rights for non-alcoholic beverages at the Roanoke Civic Center Facilities for a period of five (5) years with the option to renew for an additional five (5) years upon mutual agreement of the parties. Negotiations on issues surrounding advertising exclusivity have ~een lengthy, but have finally been resolved. All contractual terms have been agreed to, and the final document has been signed by Bottling Group, LLC, d/b/a The Pepsi Bottling Group. A copy of this agreement is attached (see attachment 1). Because of the lengthy negotiations the contract starting date has been revised to July 1, 2000. All financial considerations remain the same, and are consistent with the proposal offered by Pepsi Bottling Group in the bid process, and approved by the Civic Center Commission at the July 19, 1999 meeting. Because of the length of time involved in finalizing the agreement, it is appropriate to bring this before the Commission for a final recommendation to City Council. Recommended Action: Civic Center Commission recommend to Roanoke City Council that Council accept the proposal and authorize the award of the attached contract to the Bottling Group, LLC, d/b/a The Pepsi Bottling Group to grant Pepsi exclusive pouring rights for non- alcoholic beverages at the Roanoke Civic Center Facilities for a pedod of five (5) years with the option to extend for an additional five (5) years upon mutual agreement of the parties, with the effective beginning date of July 1, 2000, and authorize the City Manager to enter into a contractual agreement for the same, with the form to be approved by the City Attorney. The other proposal should be rejected by the City. Respectfu Ily~~..__._...~ ~'~EDif,ector of ~av~cSFacilities Attachments: 1 Attachment 2 CONTRACT FOR POURING RIGHTS AND ADVERTISING This Contract for Pouring Rights and Advertising (Contract) is dated July 1, 2000, by and between the City of Roanoke, Virginia, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia (City) and Bottling Group, LLC, d/b/a The Pepsi Bottling Group (Pepsi). WITNESSETH: WHEREAS, the City requested proposals from qualified Offerors to provide a soft drink products program at the Roanoke City Civic Center and Victory Stadium facilities pursuant to the terms, conditions, and specifications of a Request for Proposal dated April 18, 1999; and WHEREAS, it has been determined that it is in the best interest of the City to accept the negotiated proposal with Pepsi. NOW, THEREFORE, in consideration of the mutual promises and covenants as contained herein, the parties hereto agree as follows: Section 1: CONTRACT DOCUMENTS. The parties agree that this Contract consists of this Contract and the following contract documents, all of which are and constitute a part of this Contract as if attached hereto or set out in full herein, viz: A. The Request for Proposal (RFP), dated April 18, 1999, consisting of 20 pages, including the specific terms and conditions of Section V of the RFP; B. Addendum No. 1, dated April 29, 1999; C. Pepsi's Response to the RFP; and D. The attachments to the RFP. The Contract documents shall be construed consistently wherever possible. However, if there is any inconsistency or conflict between this Contract and the Contract Documents listed as A through D above, the order of precedence for the controlling document shall be as follows: (1) this Contract dated July 1, 2000; (2) the specific terms and conditions of Section V of the RFP; (3) the RFP, including Addendum No. 1; (4) Pepsi's Response to the RFP; and (5) the attachments to the RFP. Section 2: TERM OF CONTRACT. The term of this Contract shall be for a period of 5 years, from July 1, 2000, through June 30, 2005, at which time this contract shall expire, unless otherwise terminated as provided for in this Contract or by law. This Contract may be extended for up to 5 additional years upon mutual agreement of the parties. Written notice of any request for an extension shall be given by the requesting party to the other party at least 120 days before expiration of this Contract. Section 3: PRODUCTS TO BE SUPPLIED BY PEPSI. Pepsi will supply to the City the carbonated/noncarbonated products selected by the City from those listed on Exhibit 1, which is attached hereto and made a party hereof (hereafter referred to as Pepsi Products), for all events at which the City (either through the City's own employees or the City's designated concessionaire) operates concessions at the Roanoke Civic Center Facilities located at 710 Williamson Road, NE, Roanoke, Virginia, (hereafter - Facilities). Provided, however, Pepsi agrees that the following exceptions apply to the provision of Pepsi Products: Any events at which the licensee and/or tenant is allowed to provide their own beverages. The Roanoke Valley Fair, which generally takes place in the Spring of each year, may provide and sell their own beverages, but only in the parking lot areas of the Facilities. Bo o A&W Root Beer and food products may be sold from an A&W concession stand, if one should be operated at the Facilities. Pepsi understands and agrees that certain beverages, other than Pepsi Products, may be germane to certain events at the Facilities and that a City contract with a licensee and/or tenant using the Facilities may permit the licensee and/or tenant to dispense beverages other than Pepsi Products in quantities smaller than normally offered for sale. Beverages of any type served by any contracted caterers, and non-alcoholic beer, hot beverages, homemade powder and fruit drinks, milk and dairy products are not included as part of this Contract and the City may provide for those items as it deems appropriate. Furthermore, for any catered events by the City's own employees, the carbonated/noncarbonated beverage products the City will serve will be Pepsi Products unless other than Pepsi Products are requested by the licensee and/or tenant, in which case such other products may be served at such events. o Alcoholic beverages of any type are not included as part of this Contract and the City may provide for those products as it deems appropriate. The cost of the Pepsi Products to be supplied to the City are set forth in Exhibit 2 which is attached hereto and made a part hereof. The prices listed in Exhibit 2 will not be increased during the term of this Contract unless Pepsi gives the City 60 days written notice of such an increase. Provided, however, that if Pepsi increases the H:\CC\pouring2 2 price of any Pepsi Products, the City may terminate this Contract within 120 days after the City receives written notice from Pepsi of any such price increase. Co Pepsi acknowledges and agrees that the City, through the Director of Civic Facilities (who also may be referred to as the Civic Center Manager) or his designee, has the sole discretion to determine the selection or mix of Pepsi Products as listed in Exhibit 1 to be sold at the Facilities and that the City is under no obligation to sell or offer for sale any particular Pepsi Products or any specific amount of any Pepsi Products. Do Pepsi Products listed in Exhibit 1 may be amended from time to time by written mutual agreement of Pepsi and the City (through the Director of Civic Facilities) by adding or deleting Pepsi Products as long as there is no substantial change in the overall listing of Pepsi Products. Section 4: EQUIPMENT TO BE PROVIDED BY PEPSI. On or before July 1, 2000, Pepsi will provide to the City free of charge all necessary equipment, to include fountain dispensing equipment and vending machines, (Equipment) that may be necessary to properly service the Facilities during the term of this Contract. New Equipment shall be provided annually as may be needed or more frequently as may be needed or as may be agreed upon by Pepsi and the City (through the Director of Civic Facilities) in support of the Facilities' points of sale and upgraded food service program. All Equipment shall be UL approved and meet all applicable federal, state, and local health, safety, or other laws, codes, and/or regulations. All such Equipment shall remain the property of Pepsi or its affiliates and shall be removed by Pepsi, at no cost to City, when the Contract ends or is terminated. If Pepsi fails to remove such Equipment within 15 days of any request by the City or the end of the Contract, the City may, without incurring any liability of any type to Pepsi, remove all such Equipment and Pepsi agrees to pay the City for all such reasonable removal costs and expenses and/or storage charges. Pepsi agrees that the Equipment Pepsi provides will conform to and meet all the requirements of the RFP, including, but not limited to the requirements of Section 2.4 of the RFP. Pepsi shall be responsible at its sole cost for the maintenance and repair of all Equipment it provides for use at the Facilities. Pepsi agrees to ensure that any Equipment is not out of service more than 24 hours from the time of notification of a malfunction by any City employee to Pepsi. Upon request of the City, Pepsi shall replace any Equipment that is continually out of service or malfunctioning. Notification of such malfunctions may be given to Pepsi either orally or in writing to Pepsi's local office or any Pepsi employee. An occasional failure to respond to oral notification shall not constitute a breach hereunder. H:\CC\pouring2 3 Do The City shall furnish, at no cost to Pepsi, the necessary electricity for the operation of the Equipment. However, the City shall not be required to relocate any electrical outlets in order to provide electrical power to any Equipment at any desired locations. Pepsi shall request in writing, no later than 45 days after the date of this Contract, any desired installation of additional electrical outlets or movement of existing electrical outlets. However, the City will make any final determination on whether to add or move any such electrical outlets. Pepsi shall make recommendations for the purpose of determining electrical outlet locations within new or significantly renovated concession stands. However, any final decision regarding the location of electrical outlets, the addition, or moving of any such outlets for permanent equipment or portable equipment that is easily moved to accommodate specific traffic flows or events will be at the sole discretion of the City (through the Director of Civic Facilities). Furthermore, the City shall not be responsible for any losses which may result from the interruption or failure of any such electrical service or other utility services to Pepsi. The City will furnish storage space, at no charge to Pepsi, as may be necessary for products and supplies as delivered by Pepsi. The City will provide temporary storage of portable equipment supplied by Pepsi between events without charge to Pepsi. Fo Pepsi's personnel shall, at all times, be dressed in service uniforms and shall observe all City rules and regulations in effect. Pepsi shall be responsible for furnishing its service personnel the proper company uniforms at Pepsi's sole cost. Section 5: TAXES. Pepsi agrees to pay all applicable taxes which may be assessed against Pepsi by reason of its performance under this Contract based on the value of the vending machines or the products or any other property of Pepsi situated at the Facilities at any time or that Pepsi may otherwise properly owe under applicable laws, ordinances, or regulations. Section 6: POURING RIGHTS. The City hereby agrees that it will use its best efforts to ensure that Pepsi, subject to the terms and conditions of this Contract, will be the sole provider at the Facilities of carbonated/non-carbonated soft drinks, bottled water, tea, juice, and isotonic products, for all concession stands and vending machines, but subject to any applicable federal, state, or local laws or regulations. However, such rights and efforts shall apply only with respect to such space or items for which the City retains control of space utilization decisions and shall be subject to any existing conflicting contract rights the City might have with other entities as of the signing of this Contract. H:\CC\poufing2 4 Section 7: ADVERTISING RIGHTS. The City hereby provides to Pepsi the advertising package and/or benefits at the Facilities as set forth in Exhibit 3, attached hereto and made a part hereof, during the term of this Contract. Pepsi agrees to pay to the City the amounts set forth in Exhibits 3 and 4 for such advertising rights. Co City agrees that Pepsi shall be entitled, during the term of this Contract, to use the Civic Center logo and the term "Official Beverage Supplier" for the Facilities or such other terms as may be agreed to by the Director of Civic Facilities. Pepsi agrees that during the term of this Contract the City may use the Pepsi trademark or logo as may be agreed to by the designated Pepsi representative for this Contract. E. As to advertising matters, Pepsi agrees as follows: Pepsi agrees and acknowledges that the rights granted by this Contract are the only advertising rights of Pepsi in and to the designated advertising space or location and that the Director of Civic Facilities has the right to approve any location for such advertising, which approval will not be unreasonably withheld. In the event of special activities or performances at the Facilities where licensee or tenant or a promoter has special requests regarding in-house signage, the City reserves the right, and Pepsi agrees to City's right, to tum off lighting or cover specified signage within the coliseum seating area as a primary obligation to licensee, tenant or promoter. Pepsi and City agree that they will provide, respectively, the items and equipment for the advertisement rights as set forth in Exhibit 3 or as otherwise may be mutually agreed to by Pepsi and the City (through the Director of Civic Facilities). All advertising material and exhibit material, advertisements and manner of presentation shall be subject to approval by the Director of Civic Facilities or his designee, which approval will not be unreasonably withheld, and will not be installed until such approval is granted. During the term of this Contract, all public address announcements, including but not limited to play- by-play, public notice, and advertisements shall remain under the complete control of the City. H:\CC~poufing2 5 o Pepsi agrees it will be responsible for the content of all its advertising and that it is in accordance with applicable laws. Furthermore, Pepsi will hold City harmless and indemnify the City for any claims, suits, damages, or costs arising out of such advertisements or materials, prepared or requested by Pepsi, including the removal or refusal to allow any such advertising or for allowing such advertisement or material to continue to be displayed or for any alleged copyright violations. Section 8. BENEFITS TO THE CITY. Pepsi agrees to provide to the City, in addition to the other provisions in this Contract, the payments and other benefits listed in Exhibit 4, which is attached hereto and made a part hereof. Those benefits will be provided during the time periods set forth in Exhibit 4 or as may otherwise be mutually agreed to by Pepsi and the City (through the Director of Civic Facilities). Section 9. REPORTS, RECORDS AND AUDIT. Pepsi agrees to maintain all books, records and other documents relating to this Contract for a period of five (5) years after the end of each fiscal year included in this Contract. The City, its authorized employees, agents, representatives, and/or state auditors shall have full access to and the right to examine and/or audit any of said materials during said period, upon prior written notice to Pepsi. Section 10. HOLD HARMLESS AND INDEMNITY. Pepsi shall indemnify and hold harmless the City, the Civic Center Commission, their respective officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Pepsi's or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near City's property or arising in any way out of or resulting from any of the work to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. Pepsi agrees to and shall protect, indemnify, and hold harmless all the parties referred to above from any and all demands for fees, claims, suits, actions, causes of action, settlement or judgements based on the alleged or actual infringement or violation of any trademark, patent, invention, article, arrangement, or other apparatus that may be used in the performance of this Contract. Section 11. INDEPENDENT CONTRACTOR. The relationship between Pepsi and the City is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. Pepsi shall, at all times, maintain its status as an independent contractor and both parties acknowledge that neither is an agent, partner or employee of the other for any purpose. Pepsi shall be responsible for causing all required insurance, H:\CC\poufing2 6 workers' compensation and unemployment insurance to be provided for all of its employees and subcontractors. Pepsi will be responsible for all actions of any of its subcontractors, if any. Section 12. DEFAULT. If Pepsi refuses or fails to perform any of the terms of this Contract (a default), the City may, by written notice to Pepsi, terminate this Contract (or the separable part of this Contract). In addition to any right to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and Pepsi shall be liable for any damages to the City resulting from Pepsi's default. Section 13. NONDISCRIMINATION CLAUSE, Every contract of over $10,000 to which the City is a party shall contain the provisions in subparagraphs (a) and (b) herein. A. During the performance of this Contract, Pepsi agrees as follows: Pepsi will not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Pepsi. Pepsi agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. Pepsi, in all solicitations or advertisement for employees placed by or on behalf of Pepsi, will state that Pepsi is an equal employment opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Pepsi will include the provisions of the foregoing paragraphs A 1, 2, and 3 in every subcontract or purchase order over $10,000, relating to the Facilities so that the provisions will be binding upon each subcontractor or vendor. Section 14. AUTHORIZED REPRESENTATIVES. Pepsi shall appoint one of its key personnel as a representative who shall have the power and authority to work with the City and represent Pepsi in all administrative matters so as to provide for the correction of problems and reduction of costs. The Authorized Representative shall be the person identified in Pepsi's Proposal, unless the Pepsi provides written notice to the City naming another person to serve as its Authorized Representative. , H:\CO, poufing2 7 Section 15. INSURANCE. Pepsi and its subcontractors involved in this Contract shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of this Contract, and shall furnish the City with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City, the Roanoke Civic Center Commission, their officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by a person or persons whomsoever for property damages or bodily or personal injury (including death) incurred in connection with the services to be provided under this Contract with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers' Compensation coverage, Pepsi's insurance company shall waive rights of subrogation against the City, the Roanoke Civic Center Commission, their officers, agents and employees. Commercial General Liability: $5,000,000.00 $5,000,000.00 General Aggregate Limit (other than Products/Completed Operations). $5,000,000.00 Products/Completed Operations Aggregate Limit. $5,000,000.00 Personal Injury Liability (including liability for slander, libel, and defamation of character). $5,000,000.00 each occurrence limit (including liability for Contractual, and Owners and Contractors Protective). Bo Automobile Liability: $5,000,000.00 combined single limit with applicable endorsement to cover waste cargo. C. Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: $100,000.00 Bodily Injury by Accident each occurrence $500,000.00 Bodily Injury by Disease Policy Limit. $100,000.00 Bodily Injury by Disease each employee. The above limit amounts may be met by an umbrella liability policy following form of the underlying primary coverage in a minimum amount of $5,000,000.00 Proof of Insurance Coverage: 1. Pepsi shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. H:XCC~poudng2 8 The required certificates of insurance shall contain substantially the following statement: "Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager, 215 Church Avenue, S.W., Room 506, Roanoke, VA 24011. The telephone number is (540) 853-1856" Section 16. LIMITATION OF LIABILITY. In the event of any default, nonperformance, or breach of any of the terms or conditions of this Contract by the City, Pepsi agrees that the City's liability, if any, shall be limited to repayment of an amount up to, but not exceeding, the sum of money the City may have received from Pepsi under the terms of this Contract. Section 17. COOPERATION. Each party agrees to cooperate with the other in executing any documents or taking reasonable action necessary to carry out the intent and purpose of this Contract. Section 18. FORCE MAJEURE. The obligations of the parties under this Contract shall be subject to force majeure, which includes strikes, riots, floods, fire, accidents, acts of God, or other causes or circumstances beyond the reasonable control of the party claiming such force majeure for nonperformance or late performance of such obligations. Section 19. NONWAIVER A waiver or failure by either party to enforce or require performance of any term or condition of this Contract or the waiver of any particular breach of this Contract by either party extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of this Contract by either party and does not bar the nonbreaching party from requiring the other party to comply with all the terms and conditions of this Contract and does not bar the nonbreaching party from asserting any and all rights and/or remedies it has or might have against the other party under this Contract or by law. Section 20. FORUM SELECTION AND CHOICE OF LAW. By virtue of entering into this Contract, Pepsi submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the laws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. H:\CC~pouring2 9 Section 21. SEVERABILITY If any provision of this Contract, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Contract shall not be affected and all other terms and conditions of this Contract shall be valid and enforceable to the fullest extent permitted by law. Section 22. COMPLIANCE WITH LAWS AND REGULATIONS · Pepsi agrees to and will comply with all applicable federal, state, and local laws, ordinances, and regulations. Section 23. REPRESENTATIONS AND WARRANTIES. A. The City represents and warrants to Pepsi that: O) The City has full right, power and authority to enter into, and perform its obligations under this Contract for the duration of its Term. (2) The signatory of this Contract has been duly authorized and empowered to bind the City to the terms and conditions of this Contract for the duration of its Term. (3) The City has complied with all applicable laws, ordinances, codes, rules and regulations relating to its entering into this Contract and its performance hereunder. B. Pepsi represents and warrants to the City that: (1) Pepsi has the right to use the Pepsi-Cola trademarks, and that use of such marks pursuant to this Contract will not infringe the rights of any third parties. (2) Pepsi has full right and authority to enter into this Contract and the terms and conditions do not and shall not violate, interfere with nor infringe upon the rights of any third parties pursuant to written agreements or otherwise. (3) The signatory of this Contract has been duly authorized and empowered to bind Pepsi to the terms and conditions of this Contract for the duration of its Term. (4) Pepsi has complied with all applicable laws, ordinances, codes, rules and regulations relating to its entering into this Contract and its performance hereunder. Section 24. BOND. Pepsi agrees to and will provide the City with a $250,000 performance bond for the term of this Contract acceptable to the City in substantially the form attached hereto as Exhibit 5. H:\CC~pouring2 10 Section 25. ASSIGNMENT. The rights and obligations under this Contract may not be assigned or delegated by Pepsi without the prior written consent of the City. Bo The City's right to receive present and/or future payments under this Contract, and any enforcement rights in connection therewith may be assigned by the City in whole or in part. Pepsi hereby agrees in advance that it shall have no right to setoff any other claim against its obligation to make payments under this Contract, and instead must make payments to the City or Assignee and seek redress from such claims against the City or the Assignee as may be appropriate. Section 26. NOTICES. All notices must be given in writing and shall be validly given if sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, addressed as follows (or any other address or facsimile number that the party to be notified may have designated to the sender by like notice) or if sent by facsimile to the facsimile number set forth below: To City: Facsimile: Director of Civic Facilities Roanoke Civic Center 710 Williamson Road, NE Roanoke, VA 24016 (540)853-2748 Copy to: Facsimile: Assistant City Manager for Operations 364 Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 (540)853-2773 If to Pepsi: Facsimile: The Pepsi Bottling Group Director of On-Premise 226 Lee Highway Roanoke, VA 24019 (540)966-5242 Copy to: The Pepsi Bottling Group 1 Pepsi Way Somers, NY 10589 H:\CC\pouring2 1 ] Section 27. VICTORY STADIUM. The parties agree that under the current circumstances, Victory Stadium is not presently included or intended to be covered by this Contract. However, the City reserves the right to add or subsequently delete Victory Stadium as a facility covered by this Contract under the terms provided by this Contract upon 30 days written notice to Pepsi. Should Victory Stadium be added as a facility covered by this Contract, Pepsi will provide the Pepsi Products for Victory Stadium referred to in this Contract pursuant to the terms of this Contract. Section 28. SUCCESSORS AND ASSIGNS. The terms, conditions, provisions, and undertakings of this Contract shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns. Section 29. HEADINGS. The captions and headings in this Contract are for convenience and reference purposes only and shall not affect in any way the meaning and interpretation of this Contract. Section 30. COUNTERPART COPIES. This Contract may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Section 31. ENTIRE CONTRACT. This Contract constitutes the complete understanding between the parties. This Contract may be modified only by written agreement properly executed by the parties. IN WITNESS WHEREOF, the parties have executed this Contract by their authorized representatives. ATTEST: CITY OF ROANOKE, VIRGINIA City Clerk By: City Manager BOTTLING GROUP, LLC, d/b/a THE PEPSI BOTTLING GROUP WITNESS Printed Name: By: Printed Name: Title: H:\CC\poufing2 12 Approved as to Form: Approved as to Execution: City Attomey City Attomey Seen and approved: Assistant City Manager for Operations Seen and Approved: Chairman, Roanoke Civic Center Commission Appropriation and Funds Required for this Contract Certified Director of Finance Date Acct. # H:\CC\pouring2 EXHIBIT 1 TO CONTRACT BETWEEN PEPSI AND CITY OF ROANOKE DATED ., 2000 Fountain Post Mix: Products Provided by Pepsi Pepsi, Diet Pepsi, Mt. Dew, Dr. Pepper, Diet Dr. Pepper, Slice Lemon Lime, Slice Orange, Hawaiian Punch, Pink Lemonade, Mug Rootbeer, Lipton Tea Sweetened and 7-UP Fountain Pre Mix: Pepsi, Diet Pepsi, Mt. Dew, Dr. Pepper, Slice Orange Fountain Cups: Cups 16 oz. Paper, 22 oz. Paper, & 32 oz. Plastic Customized 20 oz Carbonated Soft Drinks Plastic Bottles: Pepsi, Diet Pepsi, Pepsi One, Diet CF Pepsi, CF Pepsi, Mt. Dew, Diet Mt. Dew, CF Mt. Dew, Diet CF Mt. Dew, Dr. Pepper, Diet Dr. Pepper, CF Dr. Pepper, Diet CF Dr. Pepper, Cherry Pepsi, Slice Orange, Slice Lemon Lime, Schweppes Ginger Ale, Lipton Brisk Tea and Mug Rootbeer 12 oz Cans Carbonated Soft Drinks: Pepsi, Diet Pepsi, Pepsi One, Diet CF Pepsi, CF Pepsi, Mt. Dew, Diet Mt. Dew, CF Mt. Dew, Diet CF Mt. Dew, Dr. Pepper, Diet Dr. Pepper, CF Dr. Pepper, Diet CF Dr. Pepper, Cherry Pepsi, Slice Orange, Slice Lemon Lime, Schweppes Ginger Ale and Mug Rootbeer 20 oz Non-Carbonated Products Plastic Bottles: Fruitworks Juices: Strawberry Melon, Peach Papaya, Tangerine Citrus, Apple Raspberry, Pink Lemonade, & Guava Berry Water: Aquafina All Sport: Lemon Lime, Orange, Fruit Punch & Black Ice 16 oz Non-Carbonated Products Glass Bottles: Ocean Spray Juices: Orange, Apple, Cran Grape, Cran Berry, & Fruit Punch Lipton's Brew: Sweetened, & Sweetened with Lemon Page 1 of 1 H:\CC\pouring2 EXHIBIT 2 TO CONTRACT BETWEEN PEPSI AND CITY OF ROANOKE DATED ,2000 Product Pricing by Pepsi Packages 12 oz Cans Carbonated Soft Drinks 20 oz Carbonated Soft Drinks 16 oz Ocean Spray (12 per case) 10 oz Lipton Tea Frappuccino (cold coffee) 20 oz Fruitworks 20 oz. Aquafina Water 20 oz All Sport 5 Gallon BIB 5 Gallon Pre Mix 16 oz Cups Paper 22 oz Cups Paper 32 oz Cups Paper 32 oz. Cups Customized Lids for 16 oz and 22 oz Cups 20 LB. CO2 Canisters Case Cost Unit Cost $ 5.50 $ 0.23 $10.00 $ 0.42 $ 7.00 $ 0.58 $13.25 $ 0.55 $12.00 $ 1.00 $10.00 $ 0.42 $10.00 $ 0.42 $10.00 $ 0.42 $ 34.25 $ 6.84/gal $15.00 $ 3.00/ga; $ 45.60 $ O.04/cup $ 57.60 $ O.05/cup $ 54.00 $ 0.09/cup $ 60.00 $ 0.24/cup $ 32.00 $ 0.013/lid $15.00 $ 0.75/LB H:\CC~poufing2 Page 1 of 1 EXHIBIT 3 TO CONTRACT BETWEEN PEPSI AND CITY OF ROANOKE DATED ,2000 Benefits to Pepsi Advertising Rights Pepsi will be the "Official Beverage Supplier" for the Roanoke Civic Center, and will receive exclusive soft drink product representation benefits and advertising rights on permanent signage identified in Section 2.9 items 1 through 6 and the Addendum Number 1 of the RFP at the rates referred to therein. The only non-alcoholic beverages that can be represented or advertised at Roanoke Civic Center Facilities will be Pepsi Products, with the exception of A&W Root Beer products in the A&W Root Beer stand. However, temporary advertising of beverages other than Pepsi may be provided by the Licensee and/or Tenant using the Facilities for that Licensee's and/or Tenant's event or events, provided that during such event Pepsi signage remains unobstructed and the City continues to offer for sale Pepsi Products if the concession stands are being operated, except as otherwise provided in this Contract, including Section 3(A). Pepsi will receive media recognition describing Pepsi as the "Official Beverage Supplier" of the Roanoke Civic Center. Pepsi will be included in all advertisements that are appropriate, to include multiple event advertisements, calendar of events, and website opportunities. Pepsi will be provided advertising on the Williamson Road entrance marquee (one panel on each side) to include daily message center displays not to exceed one screen per display. Daily message center displays will run a minimum of one time per rotation, or not less than 270 times per day. However such messages will not run during times when event traffic, parking and shuttle information is being provided as a public service during high traffic times prior to events. Pepsi will pay the sum of $25,000 per year for this advertising opportunity, to be payable no later than January 1 of each year. Vending Rights Pepsi will receive exclusive vending rights for the Roanoke Civic Center Facilities. Retail Exclusivi _ty Pepsi will receive exclusivity on carbonated drinks, juices, bottle water, teas and isotonic sports drinks at the Roanoke Civic Center Facilities. However, A&W Root Beer may be sold at the A&W Root Beer concession stand along with Pepsi Products. Pepsi will not be responsible for distribution of the A&W product nor servicing the equipment used to dispense this product. Pepsi also understands and agrees that certain non-Pepsi beverages may be germane to a function H:\CC\pouring2 Page 1 of 2 itself, and in such cases the City's contract with the licensee and/or tenant may permit licensee or tenant to dispense samples of non-Pepsi beverages in quantities smaller than that normally offered for sale. Complimentary_ Tickets and Parking Passes Pepsi will receive eight (8) complimentary, prominently located (AKA-VIP), tickets to each event, subject to availability, and six (6) complimentary parking passes. If complimentary tickets are not available by contract with any particular event, then Pepsi will have the right to purchase eight (8) tickets for said event. Pepsi will have the right to purchase an additional 12 tickets for any event. The City will provide Pepsi with advance information regarding event on sale dates, and Pepsi must notify the City regarding its intent to request complimentary tickets or to purchase tickets prior to the on sale date. The representative of Pepsi and the Director of Civic Facilities will mutually agree to the procedures used for obtaining tickets and parking passes. Remainder of Page Intentionally Left Blank Page 2 of 2 H:\CCXpourin82 EXHIBIT 4 TO CONTRACT BETWEEN PEPSI AND CITY OF ROANOKE DATED ,2000 BENEFITS TO CITY Fees for Advertising Rights Pepsi will pay to the City $25,000 per year for the Williamson Road Entrance Marquee advertising package, to be payable not later than January 1 of each year. Pepsi will pay to the City $15,000 per year for use by the Civic Center for marketing mutually agreed upon events at the Facilities. Pepsi will make said payments for such advertising no later than 30 days after the conclusion of the event. Back Lit Menu Boards and Dispensing Equipment Pepsi will provide and maintain at the Facilities back lit menu boards and dispensing equipment as required to meet the needs ofthe Facilities's concession operation. Said menu boards and dispensing Equipment will prominently list and identify the available products for sale. Such signage shall be clearly visible to the public. These menu boards will remain the property of Pepsi and be subject to the provisions of Section 4(A) of this Contract. Marketing Programs Pepsi will design and distribute 3,000,000 cans annually which will promote a mutually agreed upon event (s) at the Facilities. Pepsi will run 100 GRPs Radio Tags promoting a mutually agreed upon event(s) at the Facilities. The tags will immediately follow a Pepsi Brand advertisement. Pepsi will work with the Civic Center to determine the best-available dates for these tags to air. Pepsi will place discount coupons or other advertising copy, provided by the Roanoke Civic Center Management, on Pepsi Products dispensed in over 5,000 vending machines within a 50 mile proximity of the City, through a mutually agreed upon number of these vending machines. Pepsi will provide art for a 32oz souvenir cup for use at the Facilities. The City will be responsible for production costs. The design will be mutually agreed upon by the Civic Center and Pepsi. Rental for non-profit Community Organizations or City High School Athletic Programs Annually, Pepsi agrees to provide a one day rental fee, at the usual customary rate, to the City on behalf of non-profit community organizations or City High School Athletic Programs, selected by Pepsi, but subject to approval by the City's Director of Civic Facilities. Page 1 of 3 H:\CC\pouring2 Roanoke Express Hockey Promotions For each year of this Contract, Pepsi will provide a minimum of $5,000 per year worth of a pre- determined number of sideline coolers, cups, towels, and product to the Roanoke Express Hockey Club, or any successor club. Pepsi will also work with the team to design game day or market-wide promotions. Examples include fan giveaways, in store sweepstakes for team related prizes/tickets, and game day contest. Vending During the term of this Contract, Pepsi will furnish any and all vending equipment (the "Vending Equipment") to operate existing and future vending needs at the Facilities. The Vending Equipment shall be new and equipped with dollar bill validators (B+DBCV). The Vending Equipment will be placed, serviced and maintained at locations identified by the Director of Civic Facilities. Pepsi will assume all cost associated with placing, servicing and maintaining this Vending Equipment, excluding installation of power, for the Facilities. The Vending Equipment will be filled by Civic Center personnel with products purchased by the City from Pepsi, and City will retain all the proceeds from all products sold in all Vending Equipment. The Vending Equipment will at all times remain vested in the name of Pepsi or its affiliate. Pepsi will provide timers on all vending machines located in the Concourse so they may be turned offand on automatically. These machines will be quiet and not disruptive to the activities on-going in the Facilities. Visi - Coolers Pepsi will provide the Facilities with a minimum of four (4) electric Visi Coolers. Pepsi will assume all costs associated with placing, servicing and maintaining this equipment, excluding installation of power. These coolers are to be used for the sole purpose of retailing Pepsi Products. Equipment Pepsi understands and agrees to all requirements set forth in Section 2.4, Equipment, in the RFP. Pepsi shall be responsible for providing, installing, maintaining, repairing and accounting for all fountain and vending Equipment placed at the Roanoke Civic Center Facilities as identified by the Roanoke Director of Civic Facilities. All problems reported to Pepsi involving any Equipment shall be responded to by Pepsi within Page 2 of 3 H:\CCXpouring2 twenty-four (24) hours of such report. Such reports may be made to Pepsi either orally or in writing to Pepsi's local office or any Pepsi employee. An occasional failure to respond to oral notification shall not constitute a breach hereunder. Remainder of Page Intentionally Left Blank H:\CC~pouring2 Page 3 of 3 Exhibit 5 to Contract dated ,2000, between Pepsi and City of Roanoke CITY OF ROANOKE, VIRGINIA PERFORMANCE BOND FOR PEPSI KNOW ALL MEN BY THESE PRESENTS: that Bottling Group, LLC, d/b/a The Pepsi Bottling Group (Pepsi) as Principal, (hereinafter referred to as "Pepsi" or "Contractor"), and (Insert full name or legal title and address of Surety) as Surety (hereinafter referred to as "Surety"), are held and firmly bound unto the CITY OF ROANOKE, VIRGINIA, a municipal corporation, Municipal Building, Roanoke, Virginia 24011, as Obligee (hereinafter referred to as "Owner" or "City"), in the amount of TWO HUNDRED FIFTY THOUSAND and no/100 DOLLARS ($250,000), for the payment whereof Pepsi and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, Pepsi has entered into a Contract with the City dated ,2000 incorporating certain documents referred to in that Contract, (which Contract, and other Contract Documents are hereinafter referred to collectively as the "Contract") for the provision of a soft drink products program as described in that Contract, which Contract is expressly incorporated herein by reference and made a part of this bond. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Pepsi shall promptly and faithfully perform the Contract, in strict conformity with each and every requirement of the Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect; subject, however, to the following conditions: a. Any alteration which may be made in the terms of the Contract, including, without limitation, the amount to be paid or the work to be done under it, or the giving by the City of any extension of time for the performance of the Contract or any other forbearance of any nature whatsoever on the part of either the City or Pepsi to the other shall not in any way release Pepsi and the Surety, or either of them, their heirs, executors, administrators, successors, or assigns from their liability hereunder, and notice of such alteration, extension, or forbearance is hereby expressly waived by Surety. Page 1 of 2 H:\CC\poudng2 b. IT IS NOT INTENDED BY ANY OF THE PROVISIONS OF ANY PART OF THIS BOND TO CONFER A BENEFIT UPON ANY OTHER PERSON OR ENTITY NOT A PARTY TO THIS PERFORMANCE BOND OR TO AUTHORIZE ANY PERSON OR ENTITY NOT A PARTY TO THIS BOND TO MAINTAIN A SUIT PURSUANT TO THE TERMS OR PROVISIONS OF THIS BOND OTHER THAN THE CITY OR ITS SUCCESSORS OR ASSIGNS. c. The Surety hereby submits itself to a court of competent jurisdiction in Roanoke, Virginia, and agrees that any suit or action hereunder shall be brought in a Virginia court of competent jurisdiction in the City of Roanoke or in the United States District Court for the Western District of Virginia, Roanoke Division, and not elsewhere. d. Any suit under this bond must be instituted within one (1) year after (i) completion of the Contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty, if the action be for such, in all other cases. e. The provisions of this bond shall be governed by and interpreted to be consistent with the laws of the Commonwealth of Virginia. SIGNED AND SEALED this ~ day of 9__, in the presence of: WITNESS Printed Name: BOTTLING GROUP, LLC, d/b/a THE PEPSI BOTTLING GROUP By: Printed Name: Title: SURETY By: Attorney-In-Fact (Type name and Title) WITNESS (Attorneys-in-fact affix seal and attach original or certified copy of current power of attorney.) H:\CC~pouring2 Page 2 of 2 · ' ,4 CITY OF ROANOKE, VA. ADVERTISEMENT FOR REQUEST FOR PROPOSAL FOR SOFT DR_rNK PRODUCT REPRESENTATION & POURING RIGHTS FOR ROANOKE CIVIC CENTER AND VICTORY STADIUM Proposals will be received in the Office of Supply Management, City of Roanoke, Virginia, Room 353,215 Church Ave., S.W., Roanoke, Va. 24011, until, but not later than 2:00 p.m. on Tuesday, June 1, 1999 at which time all proposals received will be publicly opened. The complete Request for Proposal and specifications may be obtained fi.om the Office of Supply Management, (540) 853-2871. The notation "Civic Center Pouring Rights", Proposal No. 99-4-37 and the opening time and date must appear on the front of the sealed envelope or package containing the proposal. Proposals not properly labeled and submitted in accordance with the above requirements will not be considered. Faxed proposals will not be acceptable. There is a pre-proposal conference scheduled for 10:00 a.m. on Thursday, May 6, 1999 in the Auditorium Mezzanine of the Roanoke Civic Center, 710 Williamson Road, Roanoke, Va. 24016. No proposal may be withdrawn within a period of sixty (60) days at~er the opening, unless the proposal has substantial clerical error a~ defined in Section 11-54 of the Virginia Code of 1950, as amended. The City of Roanoke, Virginia reserves the right to reject any or ail proposals, to waive informalities in any proposal, to award any whole or part of a proposal, and to award to the offeror whose proposal is, at the sole discretion of the City, determined to be La the best interest of the City. D. Darwin Roupe, CPP, CPPB, CPPO Manager, Supply Management Anril 18. 1999 Page 2 proposal submission shall be directed to D. Darwin Roupe, Manager of Supply Management, at (540) 853-2871. Respectfully, D. Darwin Roupe, CPP, CPPB, CPPO Manager, Supply Management April 18. 1999 Citv of Roanoke Request for Proposal Soft Drink Product Representation and Pouring Rights Table of Contents 1.0 INTRODUCTION 1.1 1.2 1.3 1.4. 1.5 1.6 Background Scope of Program Submission of Proposals Period of Contract Performance Time of Performance Contract Administrator 2.0 GENERAL SPECIFICATIONS 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Products Exclusive Pouring Rights Product Pricing Equipment Equipment Maintenance Electricity Storage Space Service Personnel Exclusive Soft Drink Product Representation Benefits and Advertising Rights 7 3.0 PROPOSAL CONTENTS/FORMAT AND INSTRUCTIONS TO OFFERORS 3.1 3.2 3.3 3.4 3.5 3.6 Required Proposal Elements Response Format Notification of Error Addenda Proposal Guaranty Gifts by Offeror 12 12 12 4.0 EVALUATION CRITERIA/AWARD 13 4..I 4.2 4..3 4.4 Proposals Guaranteed Product Fees and Annual Payments Other Evaluation Factors Award 13 14 14 14 5.0 6.0 SPECIFIC TERJMS AND CONDITIONS 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 Scope of Work Reports and Records Hold Harmless Independent Contractor Order of Precedence Default Assignment Non-Discrimination Clause Authorized Representative Insurance Limitations of Liability Cooperation Force Majeure Nonwaiver Forum Selection and Choice of Law Severability Compliance with Laws and Regulations MISCELLANEOUS I5 15 15 15 16 16 16 16 17 17 17 19s 19 19 19 19 19 20 20 Attachment A: Offeror Representations and Certifications Exhibit 1: Facility. Profile Exhibit 2: Roanoke Civic Center Schedule of Events 21 22 23 SECTION 1.0 INTRODUCTION The City of Roanoke is totally committed to ensuring that all of its resources are efficiently and effectively allocated in support of the City's mission. The City is soliciting sealed Proposais for Soft: Drink Product Representation and Pouring Rights for all hcilities in the ROanoke Civic Center. 710 Williamson Road. Roanoke. Virginia. 24016 and Victorv Stadium. 210 Reserve Avenue. Roanoke. Virginia 24013. The concept is l:br the City to contract with one ( I ) Offeror to supply all soft drinks, bottled water. and isotonic beverages for a period of five {,5) years to be defined in the contract documents, with an option to renew for up to five (5) additional years upon mutual agreement by both parties. 1.1 BACKGROUND The City of Roanoke is seeking to develop unique and exciting marketing opportunities at the Roanoke Civic Center and at Victory. Stadium. The Roanoke Civic Center consists ofth. ree facilities: an I 1,000 seat Coliseum, a 2,450 seat Auditorium, and a 12.000 sq. ft. exhibit hall. The Civic Center's prime tenant is the Roanoke Express Hockey Team, which drew over 200,000 patrons in 19o7-98. The Civic Center hosts numerous other sporting events, major concert activity, cultural events, conventions and trade shows, and plans are being made to add an indoor football franchise in the year 2000. Victory Stadium is an outdoor stadium with a seating capacity o'f 25.000 permanent seats and holds up to 35,000 for concerts, it is the home of many high school football games, professional soccer activity, festivals and last year hosted the Dave Matthews Band. in fiscal year 1997-98, approximately 675,000 persons attended events at the Civic Center and approximately 74,000 persons attended events at Victory Stadium. 1.2 SCOPE OF PROGRAM The Soft Drink Program will provide carbonated/non-carbonated products tbr all events at which the City operates concessions at each location with the following exceptions: A. A&W Rootbeer may be sold at an A&W Rootbeer concession stand (should there be one) 'with distribution provided by the successful Offeror. B. Successful Offeror understands and agrees that beverages may be germane to the function itself, and in such cases City's contract with the tenant may permit tenant to dispense samples of beverages in quantities smaller that normally offered for sale. Fountain services are to be provided at all Civic Center and Victory Stadium permanent and portable concession stands. Beverages served by outside contracted caterers, and milk and dai.ry products will NOT be included as part of this Pouting Rights Agreement. The Facility Profile is included as Exhibit A. A contracted concessionaire manages the current program. The concessionaire's contract will expire on June 30, 1999. Beginning July 1, 1999 concession operations for the Civic Center and Victory. Stadium wilt be operated and managed in-house by the management of the Roanoke Civic Center. The City envisions that the successful Offeror will develop a comprehensive program that would increase product sales, revenue, and convenience. The successful Offeror will provide to the City. at no charze, all dispensing equipment which is either currently installed at the Facilities or equal to that w'rich is currently installed at the Facilities. New equipment shall be provided annually as mutually agreed'upon in support of the Facilities' points of sale and upgraded food service program. All equipment shall be UL approved and meet all applicable federal, state, and local health and safety laws and codes. The successful Offeror ,.,,'ill additionally provide to the City portable carts and coolers as mutually agreed upon at no charge, in order to continue the growth of the tbod service operation through an increase in point of sale locations at the facility. The City as a result of this RFP process will sl~ecifically define the locations of dispensing equipment and types of items to be sold. The successful Offeror ``,,'ill be responsible for delivering products, stockinz_ and merchandisin~ as needed. The successful Offeror shall comply with all applicable federal, state, and local health~ safety, and sanitation regulations related to personnel and maintenance of dispensing equipment and comply with City health and safety requirements. 1.3 SUBMISSION OF PROPOSALS The information provided in this RFP is intended to assist Offerors to respond properly to this Request for Proposal. The RFP provides interested Offerors with sufficient basic information to submit proposals that meet minimum requirements. However, it is not intended to limit a proposal's content or to exclude any relevant or essential data. Offerors are encouraged to include additional information that will substantiate service capability, product quality, and marketing and promotional commitment. The City encourages and anticipates the need for potential joint ventures or partnerships in this solicitation so a wide variety of Soft Drinks are made available. Offerors proposing joint ventures and partnerships must be submitted with the names of all parties to be involved in the joint venture or partnership. The RFP contains the instructions governing the proposals to be submitted and the material to be included, mandatory requirements that must be met to be eligible for consideration, and other miscellaneous requirements. 1.4 PERIOD OF CONTRACT PERFORMANCE During the term of the contract performance, the successful Offeror will be designated the OFFICIAL BEVERAGE SUPPLIER for soft drinks, bottled water, and isotonic beverages. In each category, the successful Offeror will be given exclusive pouting rights, as defined in SECTION 2.2, with respect to products of the successful Offeror's inv. entory. The contract period is five (5) years, from October I, 1999 through September 30, 2004. Upon mutual agreement, the City and the successful Offeror may extend the contract for up to five (5) additional years. 13 TIME OF PERbCORMANCE The event calendar for each Facility is generally' developed months in advance. However. events can be added or deleted on a short term basis. All Facilities operate year round. Event activity however, fluctuates on a seasonal basis. ' ' [t is the intention of the City to allow deliveries between 8:00AM and 5:00PM on Monday tl'u-ough Friday throughout the .,,.'ear. Other delivery times must be coordinated and approved by tl~e Roanoke Civic Center Food & Beverage Manager. 1.6 CONTRACT ADMINISTRATOR The Civic Center Food & Beverage Manager shall serve as the monitor of the conditions of the contract and shall work directly with the successful Offeror on a daily basis in schedulino, and coordinating pertbrmance of services, answering technical questions in connection with ~'he scope of work, and providing general direction under the resulting contract. SECTION 2.0 GENERAL SPECIFICATIONS 2.1 PRODUCTS 2.1.1 The products shall be the lines of Soft Drink Products, including pre-mix drink, post-mix syrup, 12 oz. canned drinks, 20 oz. bottles, 2 liter bottles, I liter bottles, tea, 11.5 oz. juice cans, 16 oz. juice bottles, 20 oz. bottled water, 20 oz. isotonic beverages, granular isotonic beverages, cups in sizes as may be specified from time to time. The products may be both refrigerated and un-refrigerated. The City desires a wide variety of Soft Drink Products to be provided by the successful Offeror for sale, including, but not limited to water, juices, sports drinks, and teas along with carbonated beverages. 2.1.2 Some of the successful Offeror's products, e.g. those with staining properties (red dye soft drinks or those served in glass) may not be allowed under this contract. 2.1.3 The final product line to be sold at each Facility will made by the City in its sole discretion. The City's acceptance of the successful Offeror's recommendations will not be unreasonably withheld. 2.1.4 The successful Offeror shall not be required to provide personnel for selling soft drinks. The City will sell over-the-counter soft drinks at events with its own personnel, and will stock all vending machines. Z2 2.2.1 EXCLUSIVE POURING RIGHTS The City will provide the successful Offeror the exclusive right to supply carbonated,/non- carbonated soft drinks, bottled water, tea, juice and isotonic products, for all concession stands and vending machines, but subject to any applicable federal, state, or local laws or regulations. During the term of the Contract, the successful Offeror shall fully supply all products in a timely manner to assist the City in keeping all concession stands and vending machines operating and fully supplied with respect to all cans. bottles, syrups, carbonation. and all other necessary supplies to allow the City to maximize sales. The successful Offeror will receive exclusive soft drink advertising opportunities in each facility to the extent provided in SECTION 2.9 below and specifically excluding vehicle advertising. 2.2.3 The City shall use its best efforts to ensure that the benefits described above are exclusive to the success~l Offeror. However. the exclusive rights shall apply only with respect to that which the City retains control of space utilization decisions. The exclusive rights shall be subject to any existing conflicting contract rights. 2.3 PRODUCT PRICING Each Offeror shall include in its proposal a pricing proposal (see Section 4.0 - Evaluation Criteria). including the maximum price increase percentage, which may be applied each year to the prior year's price. Each Offeror should provide a complete list of product pricing, including but not limited to the following: pre-mix drink, post-mix syrup, 12 oz. canned drinks, 20 oz. bottles, 2 liter bottles, 1 liter bottles, tea per gallon. 6 oz. juice cans, 11.5 oz. juice cans, 16 oz. juice bottles, 20 oz. bottled water, 20 oz. isotonic beverages, granular isotonic beverages, 14 oz. cups, 20 oz. cups. and 32 oz. cups. 2.4 EQUIPMENT 2.4.1 The successful Offeror will be required to famish, no later than October 1, 1999 based on its submitted plan (see 4.0 Evaluation of Proposals), the Offeror's dispensing equipment systems and vending machines at all locations designated by Civic Center Manager. The vending machines shall be current models and of the latest technology, have bill change capabilities, be electrically efficient, have unit sales counting capabilities and be aesthetically acceptable to the City. 2.4.2 All vending machines in public concourses will be required to have a clock so they may be turned off and on automatically. Vending machines in areas inaccessible to the public may be on at all times. 2.4.3 Vending machines shall be quiet and not disruptive to the activities on-going in the Facility. 2.4.4 The installation add expense of installation of all equipment shall be the successful Offeror's responsibility. The City shall cooperate with, and support, reasonable requests from the successful Offeror in this regard. 2.4.5 The City may reject machine signage or logo if deemed objectionable or a distraction to the activities in any Facility by the Civic Center Manager. 2.5 EQUIPMENT MAINTENANCE The successful Offeror shall be responsible at its sole cost for the maintenance and repair of all equipment it provides for use at each Facility. The successful Offeror must ensure that any equipment is not out of service tbr more than twenty-tbur (24) hours from the time or' notii'ication ora malfunction by any City employee. Upon request of the City, the successful Offeror shall replace equipment that is continually out or' service or malfunctioning. 2.6 ELECTRICITY The City shall furnish, at no cost to the suuccessful Offeror. the necessary electricity for the operation of all equipment. The City shall not be required to relocate any electrical outlets in order to provide electrical power to equipment at desired locations. The successful Offeror shall request, in writing, no later than 45 days after contract award, the desired installation of additional electrical outlets, or movement of existing electrical outlets. The successful Offeror shall make recommendations for the purpose of determining electrical outlet locations within new or significantly renovated concession stands. However, any final decision regarding the location of electrical outlets for perm.anent equipment, or portable equipment that is easily moved to accommodate special traffic flows or events will be at the sole discretion of the City. 2.7 STORAGE SPACE The City will furnish storage space, at no charge, as necessary for products and supplies as delivered by the successful Offeror. The City will provide temporary storage of portable equipment between events without charge to the successful Offeror. 2.8 SERVICE PERSONNEL The successful Offeror's personnel shall, at all times, be dressed in service uniforms and shall observe all City. regulations in effect. The successful Offeror shall be responsible for furnishing its service personnel the proper company umforms at its sole cost. 2.9 EXCLUSIVE SOFT DRINK PRODUCT REPRESENATION BENEFITS AND ADVERTISING RIGHTS The "OFFICIAL BEVERAGE SUPPLIER" will be provided with the following benefits: mo The opportunity to be the exclusive non-alcoholic beverage advertiser on any of the following: (subject to availability) 1. Outdoor electronic marquee on Williamson Road 2. Coliseum Scoreboard panels and color matrix 3. Electronic message centers in Coliseum Concourse 4. Back-lit panels, dasher boards, and on-ice advertising in the Coliseum 3. 5. Back-Et panels in the Concourse. over the press box. portals/gates, and at the box office. 6. Roanoke Express Program Media Recognition A mutually agreed upon logo and language describing the company as the "Ot'ficial Beverage Supplier" will be included in all media, i.e. print, radio a~d TV advertisements, that is appropriate, and the City places for the Civic Center or Victory. Stadium or is in control of for the Civic Center or Victory Stadium. This will include multiple event advertisements, calendar of events, et~. Back-Lit Menu Boards and Dispensing Equipment I. Company's products shall be prominently listed on the back-tit menu boards of all concession stands at each Facility. All dispensing equipment provided by the successful offeror to the City will carry panels that identify the available products for sale and be clearly visible to the public. Product Trademarks Cups used tbr dispensing the successful offeror's product will bear approved renditions of the Products Trademarks at all dispensing locations during events where products are sold. Advertising The successful Offeror will have the right to promote the fact that its products are exclusively available at the Roanoke Civic Center and Victory Stadium. Tickets I. Six complimentary tickets to all Civic Center and Victory Stadium events. 2. Three complimentary VIP parking passes for all Civic Center events and Vi.ctory Stadium events. SECTION 3.0 PROPOSAL CONTENT/FORMAT AND INSTRUCTIONS TO OFFERORS Proposals must be submitted in accordance with the instructions and requirements given in this RFP. All information requested must be submitted. Failure to do so may result in the proposal being considered non-responsive and it may be rejected 10 3.1 3.l.1 which .3.1.2 3.1.3 REQUIRED PROPOSAL ELEMENTS Introduction and Requirements of this Section - This section describes the information must be furnished by the Offerors and prescribes the tbrmat in which it must be presented. General Requiremen.ts - In order to be responsive to this RFP, the Offerors must desio, n their proposals around the evaluation criteria set I:brth in Section 4.0 and the specifications set forth in Section 2.0 The Offeror shall pay' particular attention to the requirements of the Scope as specified in Section 1.3 Elements of Proposal - In addition to any other requirements set tot-th in this RFP. the proposal shall include, without limitation, separate proposals relating to the following: Exclusive Soft Drink products, including without limitation the Product Pricing described in Sections 2.3 and 4.1.1. Exclusive Soft Drink Product Representation and Advertising Rights as described in Sections 2.9 and 4.1.2. C. Equipment. Service and installation as described in Sections 2.4, 2.5. and 4. t.5. D. Event Marketing and Promotion as described in Section 4.1.3. E. Minor League Hockey Promotions as described in Section 4.1.4. F. Branded Food Partnership as described in Section 4.1.6. 3.2 RESPONSE FORMAT The proposal should follow the following format instructions: 3.2.1 Identification - Identify the proposal item by the alphanumeric paragraph representation e.g. 4. I-Exclusive Soft Drink products. 3.2.2 Completeness - Address the item as completely as possible. The description may be in narrative or outline format. Be as concise as you can while discussing the items fully. 3.2.3 References - You may attach and reference any supporting documents that help describe or contribute to your proposaL. 3.2.4 Package format - Assemble your completed proposal into'a bound package that can be readily reviewed (an index is desirable). Submit an original and three (3) copies. 3.2.5 Summary- Provide a brief summary of your proposal. 3.2.6 Ownership of Mnterial - Ownership of all data. materials, and documentation orimnated and prepared for the City pursuant to the RFP shall belong exclusive[v to the City'and be subject to public inspection in accordance with the 7irginia Freedom'of[nJbrma}ion Act. Trade secrets or proprietary information submitted bv an Offeror shall not be subject to public disclosure under the Freedom oJ'lnJbrmation ~-Ict; however, the Offeror must invoke the protection of Section 11-52D of the Code of k5'rginia, in writing, either before or at the time the data or other material is submitted. The written notice must SPECIFICALI' Y identil:~ the data or materials to be protected and state the reason why protection is necessary. The proprietary or trade secret material submitted must b~ identified bv some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary ini'ormation. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary, or trade secrets, is NOT ACCEPTABLE and may result in REJECTION or' the proposal. 3.2.7 As this is a Request for Proposal. no information regarding the identity of the Offerors nor the contents will be released until after the negotiation process. Once an award has been made, all proposals will become public information subject to the provisions set forth above. 3.3 NOTIFICATION OF ERROR An Offeror must promptly notify the Roanoke City Office of Supply Management of any ambiguity, inconsistency, or error, which he may discover upon examination of the RFP. An Offeror requiring clarification or interpretation of this RFP should contact D. Darwin Roupe at 540- 853-2871. 3.4 ADDENDA Any interpretation, correction, or change of the RFP will be made by an addendum. Interpretations. corrections or changes of this RFP made in any other manner will not be binding and Offerors must not rely upon such interpretations, corrections, or changes. The Roanoke City Office of Supply Management will issue addenda. Addenda will be faxed or mailed to all who are registered with the City. 3.5 PROPOSAL GUARANTY The Offeror must guarantee not to withdraw a proposal during the period of sixty (60) days following the opening of proposals. Offeror agrees that if such proposal is accepted, the Offeror will accept and perform under the terms of this RFP, the proposal and any subsequent negotiation. and resulting contract. 3.6 GIFTS BY OFFEROR No Offeror shall confer on any public employee having official responsibility for a purchasing transaction any payment, loan, subscription, advance, deposit of money, service, or anything of t2 more than nominal value, present or promised, unless consideration of substantiallv equal or :renter value is exchanged. ' ~ Roanoke City mav make investigations to determine the ability of the Offeror to perform the program as described in this RFP. Roanoke City reserves the right to reject any proposal if the Offeror fails to satisty Roanoke City that it is q~alified to carry out the obligations or" the contract. SECTION 4.0 EVALUATION OF PROPOSALS 4.1 EVALUATION CRITERIA Proposals will be evaluated using the following criteria. 4.1.1. The product pricing the Offeror offers for the exclusive right to provide tbr sate o~' its soft drink products pursuant to Section 2.3. 4.1.2. The amount of money each Offeror proposes to make to the City for soft drink product representation and advertising rights in each Facility (see SECTION 2.9). Offeror should be specific in the opportunities selected and compute the value of each, based upon the attached rate schedule for display advertising. 4.1.3. The amount of money Offeror offers for marketing and promotion of events. 4.1.4. The amount of money Offeror offers for marketing and promotion for the Roanoke Express Hockey Club. 4.1.5. The Offeror's ability to provide equipment and service. 4.1.6. The Offeror's commitment to assist the City. in negotiations to contract with national branded food operators at the Civic Center. 4.1.7. Any additional proposal provided by the Offeror that may otherwise enhance the required elements of the Request for Proposal. 4.1.8. Any guaranteed annual amount of additional payment by the Offeror for a variety of purposes to support the mission of the Roanoke .Civic Center and Victory Stadium. The items shown are not all inclusive. These payment amounts are in addition to other mounts, and at the discretion of the City shall be paid directly to the City or directly to others on behalf of the City. Example~;: I. Scoreboards (new equipment) 2. Support of City High School Athletic Programs at Facilities 4.1.9. The criteria set forth in Section 23. I- 12, Code of the City of Roanoke (1979) as amended, may be considered. 13 4.2 GUARANTEED PRODUCT FEES AND ANNUAL PAYMENTS AND PERFORMANCE BOND .Annual payments by the successful Offeror to the City tbr items 4.1.2.4.1.3.4.1.4. and 4.1.8 above shall be made in a single installment within sixty. (60)'. calendar days. of the contract award date in t999. and on the tirst business day of Jul,,' of each year thereafter to the City. of Roanoke. in care the Roanoke Civic Center. The portion relating to 4ach of these tour sections is to be clearly' designated. These payments and the successful Offeror's obligations shall be secured by a Pertbrmance Bond acceptable to the City. ' 4.3 OTHER EVALUATION FACTORS 4.3. I.GUAR.ANTEED MAXIMUM REPAIR TIME Other evaluation factors will include the Offeror's guaranteed maximum number of hours to complete repairs, or if necessary, to replace equipment, which is out of service, in whole or in part. following notification by any City employee. Such maximum time shall not exceed twenty-four (24) hours. 4.3.2 OTHER The Offeror may include in its proposal anything that it feels may contribute to its proposal being considered the best. This section may include, but is not limited to, distribution of promotional items, proposal for improving concession sales, etc. 4.4 AWARD 4.4.1 Pursuant to Section 23.1-4.1 (c) of the Code of the City of Roanoke (1979), as amended. selection shall be made of two or more Offerors deemed to by fully qualified and best suited among those submitting proposals on the basis of the evaluation of factors included in the RFP, including price. Negotiations shall be conducted with the Offerors so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each Offeror so selected, the City shall select the Offeror which, in its opinion, has made the best proposal, and may award the contract to that Offeror. The City may cancel this RFP or reject proposals at any time prior, to an award, and is not required to furnish a statement of the reason why a particular proposal was not deemed to be the most advantageous. Should the City determine in writing and in its sole discretion that only one Offeror is fully qualified, or that one Offeror is clearly more highly qualified than the others under consideration, a contact may be negotiated and awarded to that Offeror. The award documem will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the Offeror's proposal as negotiated. 4.4.2 All proposals submitted in response to this RFP will be reviewed for responsiveness prior to referral to the selection committee. A committee consisting of City personnel, and the City's Food Service Consultant, will then evaluate all responsive proposals. The award of a [4 contract, if made.-will be made to the Offeror ,,',,'hose proposal best furthers the interest of the City. The City reserves the right to reject any, and all proposals, to waive an,,' intbrmalitv or irregularity in the proposals received, to make the award to the Offeror :',,'hose proposal is deemed to be in the best interest of the Cit.',,'. 4.4.3 Oral Presentation: Offerors who submit a proposal in response to this RFP mav be required to give an oral presentation of their proposal to the selection committee. This provides an opportunity for the Offeror to clarify or elaborate on the proposal. This is a fact findin= and explanation session only and does not include negotiation._ Oral Presentations are strictly at the option of the City and may or may not be conducted SECTION 5.0 SPECIFIC TERblS AND CONDITIONS The substance of the following terms and conditions are mandatory and shall be included in an;' contract awarded. If any' Offeror desires any changes in these terms and conditions, such chan~es must be requested in writing prior to or during the pre-proposal conference. The City will respond to such requests in v,,'riting and only those changes set forth in an addendum issued l~v the City will be considered as having been amended. Theretbre, submission of a proposal by an Offeror will obligate the successful Offeror to enter into a contract containing the substance of the following terms and condlitions, subject only to modifications as set forth in any addenda. 5.1 SCOPE OF WORK The City desires to contract tbr a five (5) year period for exclusive dispensing of soft drink products and soft drink product advertising rights at the Roanoke Civic Center and Victory Stadium. Furthermore, upon mutual agreement of both parties, the contract may be extended for up to five (5) additional years. 5.2 REPORTS, RECORDS AND AUDIT The successful Offeror will agree to maintain all books, records and other documents relating to this Contract for a period of five (5) years after the end of each fiscal year included in the contract. The City of Roanoke, its authorized agents, representatives, an~or state auditors shall have full access to and the right to examine and/or audit any of said materials during said period. 5.3 HOLD HARMLESS AND INDEMNITY The successful Offeror shall indemnify and hold harmless the City, the Civic Center Commission. their officers, agents, and employees against any and all liability, losses, damages, claims, causes of action, suits of any nature, costs, and expenses, including reasonable attorney's fees, resulting from or arising out of Offeror"s or its employees, agents, or subcontractors actions, activities, or omissions, negligent or otherwise, on or near City's property or arising in any way out of or resulting from any of the work to be provided under this Contract, and this includes, without limitation, any fines or penalties, violations of federal, state, or local laws or regulations, personal injury, wrongful death, or property damage claims or suits. The successful Offeror shall protect. indemnify., and old harmless all the parties referred to above from any and all demands for tees. 15 claims, suits, actions, causes o£aetion, or judgements based on the alleged int¥in~ement or violation or' any patent, invention, article, arrangement, or other apparatus that ma,,' be used in the performance of the Contract. 5.4 INDEPENDENT CONTRACTOR The relationship between the successful O:tTeror and the City, is a contractual relationship. It is not intended in any way to create a legal agency or employment relationship. The successful Offeror shall, at all times, maintain its status as an independent contractor and both parties acknowted_.e that neither is an agent, partner or employee of the other for any purpose. The successful Offeror shall be responsible for causing all required insurance, workers' compensation and unemp[o?'ment insurance to be provided for all of its employees and subcontractors. The successful Offeror ,.,,'ill be responsible for all actions of any of its subcontractors, if an,,'. 5.5 ORDER OFPRECEDENCE A. The final contract documents will include the following: Section [ Section II Section III Section IV Section V Contract Request for Proposal (RFP) Offeror's Response Attachments and other Documents to RFP Terms and Conditions Any inconsistency among the above documents shall be resolved by giving precedence in the following order. (1) Contract Agreement, Section I; (2) Terms and Conditions, Section V; (3) RFP, Section II; (4) Offeror's Response, Section Ilk and (5) Other documents, exhibits and attachments, Section IV. 5.6 DEFAULT If the successful Offeror refuses or fails to perform any of the terms of the Contract (a default), the City may, by written notice to the successful Offeror, terminate the Contract (or the separable part of the contract). In addition to any fight to terminate, the City may enforce any remedy available at law or in equity in connection with such default, and the successful Offeror shall be liable for any damages to the City resulting from the successful Offeror's default. 5.7 ASSIGNMENT The rights and obligations under this Contract may not be assigned or delegated by the successful Offeror without the prior-written consent of the City. The City's right to receive present and/or future payments under this Contract, and any enforcement rights in connection therewith may be assigned by the City in whole or in part. The Contractor hereby agrees in advance that it shall have no fight to setoff any other claim against its obligation to make payments under th'is Contract. and instead must make payments to the City. or Assignee ami seek redress from such claims against the City or the Assignee as may be appropriate. :5.8 NONDISCRIMINATION CLAUSE Every contract of over $I0.000 to which the City is a part.;' shall contain the provisions subparagraphs (a) and (b) herein. A. During the performance of this Contract. the contractor agrees as fi~lloxvs: The contractor will not discriminate against any subcontractor, employee applicant for employment because of race. religion, color, sex. or nation,al origin, except where religion, sex. or national origin is a bona fide occupational qualification reasonably necessary to the normal operation the contractor. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of ti'tis nondiscrimination clause. The contractor, in all solicitations or advertisement fi>r employees placed bv or on behalf of the contractor, will state that such contractor is an equal employment opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient tbr the purpose of meeting the requirements of this section. The contractor will include the provisions of the foregoing paragraphs A 1.2. and 3 in every subcontract or purchase order over $10.000, so that the provisions will be binding upon each subcontractor or vendor. 5.9 AUTHORIZED REPRESENTATIVES The successful Offeror shall appoint one of its key personnel as a representative who shall have the power and authority to work with the City and represent the successful Offeror in all administrative matters so as to provide for the correction of problems and reduction of costs. The Authorized Representative shall be the person identified in the successful Offeror's Proposal. unless the Oft'eror provides written notice to the City naming another person to serve as its Authorized Representative. 5.10 INSURANCE The successful Offeror and subcontractors shall maintain the following insurance coverages with a quality company, written on an occurrence basis, issued by a company licensed to transact business in this State, during the life of the Contract, and shall furnish the City with certificates of insurance which shall also include insurance deductibles, if applicable. The certificates shall name the City. the Roanoke Civic Center Commission, their officers, agents and employees as additional insureds. providing coverage against any and all claims and demands made by a person or persons 17 whomsoever ['or property-damages or bodily or personal injur?. (including death)incurred in connection with the services to be provided under this Contract, with respect to the Commercial General Liability coverage and the Automobile Liability coverage. With respect to the Workers' Compensation coverage, the Offeror's insurance company shall~vaive rights of subrouation against the (_'ity, the Roanoke Civic Center Commission. their officers, agents and employees." A. Commercial General Liability: $5,000,000.00 $5.000.000.00 General Aggregate Limit (other than Products/Completed Operations). 2. $5,000,000.00 Products/Completed Operations Aggregate l.imit. $5.000.000.00 Personal Injury Liability (including liability for slander. Iii,el. and defamation of character). $5.000,000.00 each occurrence limit (including liability for Contractual. alld Owners and Contractors Protective). Automobile Liability: $5,000,000.00 combined single limit with .applicable endorsement to cover waste cargo. C. Workers' Compensation and Employer's Liability: Workers' Compensation: statutory coverage for Virginia Employer's Liability: - a. $100,000.00 Bodily Injury by Accidem each occurrence b. $500,000.00 Bodily Injury by Disease Policy Limit. c. $100,000.00 Bodily Injury by Disease each employee. The above limit mounts may be met by an umbrella liability policy following form of the underlying primary coverage in a minimum amount of $5,000,000.00 Proof of Insurance Coverage: 1. The Contractor shall furnish the City of Roanoke with the required certificates of insurance showing the type., amount, effective dates and date of expiration of the policies. 2. The required certificates of insurance shall contain substantially the following statement: "Should any of the above described policies be cancelled before the expiration date thereof the issuing company shall mail 30 days written notice to City of Roanoke, Risk Manager. 215 Church Avenue, S.W., Room 506. Roanoke, VA 24011. The telephone number is (540) 853-t 856" 18 5.11 LIMITATION OF LIABILITY tn the event of any default, nonperformance, or breach of any or' the terms or conditions or' the Contract by the City, Offeror agrees that the City's liability, if anv. shall be limited to repayment an amount up to. but not exceeding, the sum of money the City may have received ~¥om the successful Offeror under the terms of this Contract. 5.12 COOPERATION Each party agrees to cooperate with the other in executing an,,, documents or taking reasonable action necessary to carry out the intent and purpose of this Contract. 5.13 FORCE MAJEURE The obligations of the parties under this Contract shall be subject to force majeure, which includes strikes, riots, floods, fire, accidents, acts of God. or other causes or circumstances beyond the reasonable control of the party claiming such force majeure for nonperformance or llte pertbrmance of such obligations. 5.14 NONWAIVER Successful Offeror agrees that the City's waiver or failure to enforce or require performance of any term or condition of the Contract or the City's waiver of any particular breach of this Contract by the Offeror extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Contract or a waiver of any other breaches of the Contract bv the Offeror and does not bar the City from requiring the Offeror to comply with all the terms and conditions of the Contract and does not bar the City, from asserting any and all rights and/or remedies it has or might have against the Offeror under this Contract or by law. 5.15 FORUM SELECTION AND CHOICE OF LAW By virtue of entering into this Contract, the Offeror submits itself to a court of competent jurisdiction in the City of Roanoke, Virginia, and further agrees that this Contract is controlled by the taws of the Commonwealth of Virginia and that all claims, disputes, and other matters shall only be decided by such court according to the laws of the Commonwealth of Virginia. 5.16 SEVERABILITY [f any provision of the Contract, or the application of any provision hereof to a particular entit3) or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Contract shall not be affected and all other terms and conditions of the Contract shall be valid and entbrceable to the fullest extent permitted by law. 19 5.17 COMPLIANCE WITH LAWS AND REGULATIONS Successful Offeror agrees to and will comply with all applicable federal, state, and local la,.vs. ordinances, and regulations. SECTION 6.0 MISCELLANEOUS 6.1 The City' reserves the right to accept or reject any or all proposats and to waive informalities and irregularities in proposals received if deemed in the best interest of the Cit.,,' to do so. 6.2 Responses to this Request for Proposal must be in the prescribed format. 6.3 The City may request additional information, clarification or presentations from any of the Offerors after review of the proposals received. 6.4 The City has the right to use any or all ideas presented in reply to this P,.FP. subject only to limitations regarding proprietary/confidential data of Offeror. 6.5 The City is not liable for any cost(s) incurred by any Offeror in connection with this request tbr proposal or any response by any Offeror to this request for proposal. 6.6 Cost of Presentations/Proposes: the expense(s) incurred by Offeror in preparation, submission, and presentation of the proposal is the sole responsibility of the Offeror and may not be charged to the City. 6.7 Only the City will make news releases pertaining to this request for proposals or the proposed award of the Contract. 6.8 Inadequate delivery, poor service, or failure to adhere to any of the terms of the contract by Offeror may be cause for immediate cancellation of the contract by the City.. 6.9 All financial records and documents of the successful Offeror pertaining to or related to in any way to the Contract or services to be provided to the City shall be open to review and/or audit by authorized City personnel or City's representatives at any time during normal business hours. Remainder of Page Intentionally left intentionally blank. 20 ATTACH.'v[ENT A OFFEROR REPRESENTATIONS AND CERTIFICATION The undersigned hereby affirms that: He,'She is a duly authorized agent of the Offeror (.corporate or other authorization confirmation ma,,' be requested prior to final contract execution) He:She has read and agrees to the complete solicitation. The proposal is being offered independently of any other proposals and is in full compliance with the collusive prohibitions of the State of Virginia. The Offeror certifies that no employee of its firm has discussed, or compared the proposal with any other Offeror or City employee, and has not colluded with any other Offeror or City employee. The Offeror will accept any awards made to it as a result of this solicitation if the acceptance is made within sixty (60) calendar days after the proposal due date. [ hereby certify that I am submitting the following offer as my firm's proposal. [ understand that by virtue of and returning with this proposal this required response form. [ further certify tull, complete and unconditional acceptance of the contents of this solicitation (except as may be noted in any addenda). [ also agree to be bound by any and all specifications, terms, and conditions, contract document, accepted offer and other documents of the solicitation. Submitted by: Company Name: Address: Address: City: State: Zip: Telephone Number: Fax: e-mail Address: By: Date: Manual signature of Agent(s) If joint venture, each separate signator (company) must provide a completed certification form. Submitted by: Name and title of Authorized Note: If joint venture, all joint venture parties must certify and sign 21 CITY OF ROANOKE, VIRGINIA REQUEST FOR PROPOSAL FOR SOFT DRINK PRODUCT REPRESENTATION AND POURING RIGHTS PROPOSAL No. 99-4-37 The City of Roanoke, Virginia is seeking competitive proposals from qualified Firms to provide a Soft Drink Products Program at the Roanoke Civic Center and Victory Stadium facilities in accordance with all terms, conditions and specifications as set out in this Request for Proposal. There is scheduled a pre-proposal conference on Thursday, May 6, 1999 at 10:00 a.m., in the Auditorium Mezzanine of the Roanoke Civic Center, 710 Williamson Road, Roanoke, Va. 24016. Proposals, to be considered and evaluated, must be received not later than 2:00 p.m. on Tuesday, Iune 1, 1999 in the Office of Supply Management, City of Roanoke, Virginia, 215 Church Ave., S.W., Room 353, Roanoke, Virginia 24011. Proposals appropriately received will, at this time, be publicly opened. Proposals received after the above scheduled opening time and date will not be considered. Faxed proposals are not acceptable. Your proposal, one (1) original and three (3) copies, appropriately signed by an authorized representative of your Firm, must be submitted in a sealed envelope or package. The notation "Civic Center Pouring Rights", Proposal g99-4-37 and the above specified opening time and date must be clearly marked on the fi'ont of that sealed envelope or package. The City of Roanoke, Virginia, it's officers, employees or agents will not assume or accept any responsibility for the opening of a proposal envelope or package prior to the scheduled opening if that envelope or package is not appropriately sealed and marked as specified. The City of Roanoke, Virginia reserves the right to reject any or all proposals, to waive informalities in any proposal, to award any whole or pan of a proposal, and to award to the offeror whose proposal is, at the sole discretion of the City of Roanoke, determined to be in the best interest of the City. Project evaluation and award will be accomplished in accordance with Section 23.1-4. (c) of the Code of the City of Roanoke, Virginia, including the price or value of the benefits offered the City in the.'proposal. Inquires regarding this RFP should be directed to lames M. Evans, Civic Center Manager, at (540) 853-2241. Inquires for information regarding proeureraent procedures and/or EXHIBIT l FACILITY PROFILES Roanoke Civic Center I 1.000 seat coliseum: 6 permanent concession stands. 6 portable stands, VIP lounge 2.450 seat auditorium: I permanent concession stand. 2 portable stands 12.000 sq. ft. exhibit hall: 1 permanent concession stand. 2 portable stands ?rime Tenant: Roanoke Express ECHL Hockey team Additional Tenant: Arena Football team expected in April 2000 Total food and beverage sales for FY 1997-98:$1.250.000 Victory Stadium 35.000 seat stadium: 4 permanent concession stands. Portables brought in based upon event and expected attendance. Total food and beverage sales tbr FY 1997-98:$250,000 EXHIBIT 2 ROANOKE CIVIC CENTER SCHEDULE OF EVENTS ~997-98 JTILY 1997 CFA CAT SHOW ZZ TOP CONCERT COMMONWEALTH GA~ES CHIiRCH OF GOD 0F PROPHECY SPORTS C.:2~D .:lTD COIN SHOW ViNCE GILL CONCERT DA2~ .:=NTIQUE SHOW VA BAR EiC:~MS AUGUST 1997 WATCHTOWER CON-v'ENT I ON HELPING HANDS CONCERT FIDDLE & BANJO CLUB T.P. HEARN FIGHT RKE VALLEY AMATEUR RADIO MARKET PRO COMPUTER SHOW ROANOKE CITY SCHOOLS CONVOCATION TEAMSTERS LOCAL ,~ 171 MEETING ROANOKE VALLEY GUN SHOW SALE OF THE CENTURY SEPTEI~BER 1997 ROANOKE HOME SHOW/SOUTHERN LIVING COOKING SHOW ROLLER HOCKEY FIDDLE & BANJO CLUB ROLLER HOCKEY 300 CLUB DANCE PYA FOOD SHOW SENIOR EXPO CITY SCHOOLS MENTAL HEALTH MEETING VA CAROLINA CRAFT' SHOW OCTOBER 1997 US POSTAL EXAMS ALAN JACKSON CONCERT 23 FIDDLE & BANJO CLUB MARKET PRO COMPUTER SHOW FRIT0 LAY TRADE SHOW ROANOKE EXPRESS HOCKEY MISS VA USA PAGEANT PHA_NTOM OF THE OPERA CHARLOTTE HORNETS BASKETBALL ROANOKE SYMPHONY ORCHESTRA INDUSTRIAL SHOWS OF AMERICA TRADE SHOWS CHARLOTTE' S WEB ROANOKE VALLEY GUN SHOW PUBLIC ICE SKATING HOCKEY NOVEMBER MONSTER JAM CONCERT HOCKEY FIDDLE & BANJO CLUB PUMPKIN FEST POPS CAROUSEL BROADWAY PLAY WHY GOOD GIRLS LIKE BAD BOYS VA STATE BOA/~D OF ACCOUNTANCY - TESTING HOCKEY GARY LEWIS & THE PLAYBOYS MARKET PRO COMPUTER SHOW BAPTIST GENERAL CONVENTION HOCKEY GE QUARTER CENTURY DANCE HOCKEY ROANOKE SYMPHONY VA CHRISTIAN TEEN CONVENTION WWF WRESTLING A CHRISTMAS CAROL SOUTHERN BASEBALL CARD SHOW HOCKEY HOCKEY TIM MCGRAW CONCERT LUTHER BARNES PUBLIC ICE SKATING DECEMBER 19 97 WORD OF LIFE HOCKEY 24 FIDDLE & BANJO KEMPO ~KDdLATE DANCE VITRD~MON CHILDREN' S PARTY BOARiD OF VETERINARY MEDICINE TESTING N'UTC~CKER HOCKEY GEEA CHRISTMAS PARTY MARKET PRO COMPUTER SHOW CH3uMB ER THEATRE HOCKEY VITP, A~MON EMPLOYEE PARTY ROANOKE SYMPHONY HOCKEY HOCKEY HOCKEY 300 CLUB DANCE PUBLIC ICE SKATING JANUARY 1~98 GUN SHOW FIDDLE & BANJO CLUB HOCKEY HOCKEY MARKET PRO COMPUTER SHOW VA TECH/UVA BASKETBALL GAME HOCKEY LOVE LETTERS BROADWAY PLAY AMWAY CONVENTION HOCKEY HOCKEY MUSICIANS' S BALL ROANOKE SYMPHONY AEROSMITH CONCERT A CHORUS LINE BROADWAY PLAY B ILL ENGVALL PUBLIC ICE SKATING FEBRUARY 1998 SHRINE CIRCUS AIR FORCE BAND HOCKEY CABLE REP ADVERTISING BOBBY BLUE BLAND CONCERT US HOT ROD ROANOKE SYMPHONY WESTSIDE STORY HOCKEY PEPSI COLA LUNCHEON HOCKEY MARKET PRO COMPUTER SHOW ROANOKE SYMPHONY HOCKEY THE JUNGLE BOOK GE ENGINEERS LUNCHEON SW VA BOAT SHOW ALVIN AILEY BALLET PUBLIC ICE SKATING MARCH 1998 HOCKEY HOCKEY HOCKEY PUFF DADDY CONCERT MDA C. AR SHOW HOCKEY HARLEM GLOBETROTTERS HOCKEY HOCKEY HOCKEY GUN SHOW HOCKEY PUBLIC ICE SKATING ROANOKE BALLET THEATER BEAUTY AND THE BEAST FIDDLE & BA/gJO CLUB PRINCE & TITE PAUPER JARS OF CLAY CHURCH OF GOD IN CHRIST DA.MN YANKEES DAVID COPPERFIEL~ ROANOKE SYMPHONY- KINDER KONCERTS VA JR MISS PAGEANT SYMPHONY AUDITIONS STAR CITY MODEL EXPO COASTAL MART LUNCHEON TRISTA FARRELL RECEPTION AEP RECEPTION JOHN WILLIAMS RECEPTION MARKET PRO COMPUTER SHOW GENERAL MILLS RECEPTION APRIL 1998 HOCKEY BASEBALL CA/~.D SHOW HOCKEY HOCKEY VA SHOW CP,3~FT SHOW VICA CONVENTION HOCKEY WCW WRESTLING ERNIE WILLIAMS CONCERT FIDDLE & BANJO CLUB ROANOKE SYMPHONY THE BOLSHOI BALLET RAINBOW FOREST CHURCH JABBERWOCK ROANOKE SYMPHONY ELECTRONICS SHOW VA BOARD OF VET MEDICINE TESTING MARKET PRO COMPUTER SHOW MAY 1998 RINGLING BROTHERS CIRCUS BILL GAITHER & FRIENDS CONCERT TOLL PONY BROOKS & DUNN JODY WATLEY MAGIC CITY FORD SHOW EASTER STAR CONVENTION JAMES H. DREW FAIR FIDDLE & BANJO CLUB VA. DEPT OF TRANSPORTATION MEETING STAN KINGMA' VIRGINIANS LINDA WATKINS SCHOOL OF DANCE FLOYD WA.RD DANCE REVUE MRS VIRGINIA INT'L PAGEA1T~ LORD BOTETOURT PROM VA STATE BOARD OF ACCOUNTANCY KROGER FOOD SHOW CLUB 300 DANCE NORFOLK SOUTHERN CORP MEETING CAVE SPRING PROM REGIONAL CH3LMBER MEETING FIFTH DISTRICT JOB FAIR WM BYRD PROM MARKET PRO COMPUTER SHOW JIINE 1998 PkRENTING FAIR TIMESLA/~D ATHLETE OF THE YEAR DEF SQUAD TOUR BAND METHODIST CONFERENCE SOUTHERN STATES VA FUNEP. AL DIRECTORS CONVENTION CAVE SPRING GRADUATION WM FLEMING/PATRICK HENRY GRADUATION ARDELL STONE DANCE RECITAL LORD BOTETOURT GRADUATION MISS VA PAGEANT SW VA BIRD SHOW MARKET PRO COMPUTER SHOW April 29, 1999 ADDENDUM NO. 1 PROPOSAL NUMBER 99-4-37 Gentlemen: Please allow this Addendum No. 1 on Proposal Number 99-4-37, SOFT DRINK PRODUCT REPRESENTATION & POURING RIGHTS, to be made a part of the specifications. Proposal Number 99-4-37 is scheduled to be opened at 2:00 p.m., Tuesday, June 1, 1999, in the Office of Supply Management, City of Roanoke, Virginia. The receipt of this Addendum should be noted on your proposal response. This purpose of this addendum is to add the following specifications to the RFP. 1. Regarding Victory Stadium: In the event the stadium is torn down, closed down for remodeling or the like, the monies committed to the stadium revert back to the soft ddnk company and the soft ddnk company is not obligated to re-channel those funds to the Roanoke Civic Center. 2. Add Under Section 2.3 Product Pdcing: 20 lb. Canisters for portables. 3. Attached is a pdcing list for our advertising opportunities (This was inadvertently left out of the packet). Addendum _ Page 2 Your attention and response will be appreciated. Sincerely, DDR/dh D. Darwin Roupe, CPP, PPB, CPPO Manager, Supply Management Roanoke Civic Center Advertising Outdoor Signage Williamson Road Entr~ce _Marquee (four panels on each side) Includes daily message center displays - approx. 8,00 per day Pa~'king Lot Signage a~d Naming Rights Opportunities $25000 - both sides $20,000 - all lots Indoor Sienaee Scoreboard Advertising P,'mels Upper .~a'ena Bowl Fascia Panels Lower Arena Bowl Fascia Panels * Exit Portals ~' Concourse Walls * Box Office - Concourse '~ Concourse Message Boards * Stairstep Risers Print_ Advertisin~ * Ticketbacks * Parking Tickets "Ticket Envelopes "Drink Cups 4 Center Panels 8 Lower Panels 8 Upper Panels TBD (36"' x 96") 2 West-side Panels (36' x120") 4 East-side Panels (36" x 120") 2,1 Exit Panels (24' x 36") 20 panels (40" x 61") 1 Panel (36' x 120") 12 Panels 250,000 printed 150,000 printed 25,000 printed 300,000 soft drink cups 200,000 beer cups $12,000 per panel $7,50q per panel $5,000 per panel $12,500 per panel $12,000 per panel $15,000 per panel $5,000 per panel $5,000 per panel $18,000 per panel $5,000 for 2 panels $25,000 $10,000 $7,500 $5,000 $12,500 $12,500 (exclusive) ROANO CIVIC CENTER Pepsi-Cola Company The Right Choice For The Roanoke Civic Center Response to Request for Proposal No. 99 - 4 - 3 7 for Soft Drink Product Represetttatiott & Pouri.g Rights for Roa.ol~e Civic Cettter attd Victory Staditt.! Contract Period: October I, 1999 - September 30, 2004 INTRODUCTION ROANOKE CIVIC CFNT[R This presentation will serve as Pepsi Cola's response to the request roi' l'roposal No. 99-4-37 issued by The Roanoke Civic Center and Victory Stadium(AKA: Roanoke Civic Center) for Soft Drink Product Presentation and Pouring Rights. This proposal will address the exclusive needs of Roanoke Civic Center as it relates to soft drink and cold beverages. The details provided should be considered in conjunction with the terms set forth in tile RFP. The ternls of this proposal should be considered confidential. Pepsi Cola wants to continue to develop and enhance the pa[tnership already established, and not only meet, but exceed the expectations of tile Civic Center as it relates to service and marketing: Pepsi is pleased to have been considered by Roanoke Civic Center for this RFP and hopes this very successful relalionship will continue. 2 The hlea: Exclusive Partnership with Pepsi-Cola Company ROANOKE CIVIC CENTER Mission: Continue to be the Long-Term Exclusive Beverage Supplier 'for the Roanolie Civic Center by Developing a Total Beverage Partnership through Value-Added Marketing Programs, as well as, providing Brands that are with out a doubt, leaders in this market. In short, Pepsi wants to provide The Roanoke Civic Center with the resources to grow revenues, promote the Civic Center and enhance its events. Pepsi-Cola and The Roanol~e Civic Center have enjoyed a successful partncrship. We, at Pepsi, would like to continue to provide quality service, marketing programs and market leading products, that will exceed the expectations of both the Staff and the patrons of The Roanolie Civic Center. Pepsi Cola Product Line-Up Response Io section 1,0 Paragraphs 1.2, 1.4,1.5, &l.6 ROANOKE CIVIC CEFITER Pepsi - Cola's intent is to provide the Roanoke Civic Center Coliseum, Exhibit Hall ,Auditorium and Victory Stadium with carbonated/non-carbonated products for all events at which the City operates concessions at each location with the following exceptions: A&W Rootbeer may be sold at the A&W Rootbeer concession stand along with Pepsi Products. The Pepsi-Cola company will no! be responsible for distribution of this product nor servicing the equipment used to dispense this product. Pepsi-Cola also understands and agrees that the beverages may be germane to tile fimctiou itself, and in such cases the City's contract with the tenant may permit tenant to dispense samples of beverages in quantities smaller Ihan lhat normally offered for sale. Pepsi-Cola also acknowledges that beginning July 1, 1999 concession operations for tile Civic Center and Vicloly Stadium shall be managed in-house by the management of the Roanoke Civic Center. Page five (5) identifies lhe Brands thai the Pepsi-Cola Company will provide for dispensing lhrough Fountain equipment. Page six (6) identifies lhe Brands thai the Pepsi-Cola Company will provide for the Roanoke Civic Cenler for retail through cooler equipment under lhe categories of Water, Isotonic, Juice, and Tea. I! is Pepsi-Cola's underslanding lhat lhe contract period shall be for Five (5) years, from October !, 1999 lhrough September 30, 2004. Pepsi-Cola agrees Io provide service to each facility based oil the event Calendar and delivery window identified by the Civic Cenler in Ihe RFP. Pepsi will work directly wilh lhe Food & Beverage Manager on all related elements of the contract. Pepsi will also provide adequale service for unscheduled events thal are added, given 72 honrs nolice. Pel, si's Brand Lineup Is Positioned Best for The Roanoke Civic Center ROANOKE CIVIC CENTER Pepsi-Cola Carbonated Soft Drinks are Proven Winners · #1 Beverage Bra.d with Tee.s · Ra.ked as one of lite "coolest" bra.ds wilh tee.s j.sl behi.d Nike a.d So.y · Prcfc~ed bv 6{}% of Co.smners in 20MM blind lasle lesls · Appeals to fmMoving people of all ages · A fun brand image fha! is jusl a little Ihere' ' · Positioned o. lasle and lifestyle imagery · Fastest growing diel brand/consumer prcfctTcd lasle · Slrong appeal for kids. lec.s, yoong ad.lis and elhnic cousumers · #2 Orange drink in lhe comflry · A contemporary image promotes tim in a fruit-based beverage · 20oz ranked #1 in this Market. according Io Dala Bank  -Mosl pop.lar CSD for leens and you.g adtllls · # I selli.g si.gle-scrve bra.d · Faslcsl growi.g CSD of lite '90s · Wide popularity wilh teens and young adults · Fastest growing cherry cola · Number I Bm.d i. ils Calegory i. Ihe Cou.try -Dr. Pepper 20 oz O.I fa.ks Coke 2t}oz i. this Markel. accordi.g 1o Dala Ba.k 5 Pepsi's Brand Lbteup Is Positioned Best.for Roanoke Civic Center Civic Center. ROANOKE CIVIC CENTER Pepsi-Cola Provides the Preferred Alternative Beverages to Fit All Lifestyles · Liplon Brisk offered in 20oz Plastic Bollle · Liplon's Brew offered in 16oz glass boules · #1 lea Irademark, oulselliug nearesl compelilor by 50% · Tea is itl beverage with hmch · Refreshing iced lea wilh a drinkabilily and lasle only Liplon eau deliver · Rcfreshiug, aulheutic real brewed lea · Available in 3 flavors · For active young adulls · Leverages ti~e popular Sla.tbucks braud · Refreshing and convenienl with a slightly sweet, creamy lasle · The waler for aclive ymmg adulls · Firsl nalionally dislribuled bollled xvaler · Promises consislenl, greal lasle · Oulsold Evian iu lesl markels · Available in 4 flavors · # I Brand of Juice attd Juice Drinks · Faslesl growing of lite lop 5 brands of .juice beverages itl conveuience slores -Available in 5 flavors · The sporls drink for alhlclic voulh leens aud adults · Energelic, cool aclive beverage · Satisfies wilh carbs, fluids and greal lasle · Available ht 6 flavors · Refreshing Fruil Beverage. wilh real Fruit Juice, a greal refreshing alterualive Io 100% juices and Carbonaled soft drinks Pepsi's Brands Deliver Extraordinary Results Itt 1998 ROANOKE CIVIC CENTER BRAND 20 oz 20 oz 1998 RANK SHARE Mt, Dew I 5.1 Dr. Pepper 2 5.0 Pepsi 3 3.4 Coke 4 2.5 Sprite 5 1.8 Die! Dr. Pepper 6 !.2 Diet Coke 7 I.O Die! M!. Dew 8 0.9 Meilo Yello 9 0.9 Die! Pepsi I 0 0.8 TOTALS 22.6 'Aquafina Waler ! I 0.6 LeBleu 12 0.4 Mr. Pibb 13 0.4 'Surge 14 0.3 Diet Sprite ! 5 0.3 CF Pepsi 16 0.3 CF Die! Coke ! 7 0.2 Brisk 18 0.2 Seagrams 19 0.2 Mug 20 0.2 TOTALS 3.1 Source: Dala Bank 1998 Top 10 Share of Sales II I I Pepsi = 73% Coke = 27% Top 20 Share of Sales Pepsi = 68.9% Coke = 31.1% 7 Pepsi Cola's Product Line-Up By Brand/Package Response to Section 4.1.1. Product Pricing pursuant to Section 2.3 ROANOKE CIVIC CENTER Fountain Post Mix: Pepsi. l)icl Pepsi. Mt I)cx~ Dr Pcpl~cr. Diet Dr. Pepper. Slice Lemon Lime, Slice Orange, HmVaiinn Pm~ch, Pink Lemonade, Mug Roolbcer. I.,iplon 'Fc;~ S~xcclcncd and 7-UP Fountain Pre Mix: Pepsi. Dicl Pepsi. MI. Dcx~. I)r. Pcppcr. Slice Ol';mgc Fountain Cu~ Cul)~ 16 oz Paper. 22 oz Paper. & ~2 oz PI;tslic Cuslomiz~l 2Ooz Carbonaled Sofl Drinks Plastic Bollles: Pepsi, Diel Pepsi. Pepsi One. l)iel CF Pepsi. CF Pepsi. MI, Dex~. Diel MI. De~v. CF MI. De~v. Dicl CF MI. Dexv. Dr. Pepper. Dicl Dr. Pepper. CF l)r l'cpper. Diel CF Dr. l~cpper. Cherry Pepsi. Slice Orinase. Slice Lemon Lime. Schsv~pes Ginger Ale. Liplon Brisk Te~ and Mug Roo~bccr 12 oz Cans Carbonaled Sofl Drinks: Pepsi, Diet Pepsi. Pepsi One. Dicl CF Pepsi. CF Pepsi. MI. Dc~. Diel MI. De~, CF MI. Dew. Diel CF MI. Dew. Dr. Pepper. Diel Dr. Pepper. CF l)r Pepper. I)iel ('F l)r. l'cpper. Chcr~ Pepsi, Slice Ora,ge. Slice Lemon Lime. Sch~v~pes Ginger Ale and M,g Roolbcer 20oz Non-Carbonaled Producls Pl~slic Bollles: Fn~ilx~ork~ Juices: SIr;~xsberr~ Melo.. Peach P~pa)a. T:mgeri,e Ciln~s, Apple R~spbcr~'. Pink Lemonade. & Gunva Bern' Walcr Aqunlina All Sporl I,cmon Lime. Ornnge. Fruil Pm~ch & Black Ice 16 oz Non-Carbonaled Producls Glass Bollles: Oce:m Spr;~) Juices: Or;rage. Apple, Cnm Gr:q~e. Crm~ Bc~'. & Frail Pm~ch Liplon's Bre~ S~ccle,cd. & S~veelened x~ilh Lemon Pel, si Cola's Pricing Structure By Package Response to: Section 4.1.1 Product Pricing pursuant to Section 2.3 (Continued) ROANOKE CIVIC cENTER Case Packages Cost 12 oz Cans Carbonated Soft Drinks $ 5.50 20 oz Carbonated Soft Drinks $10.00 i 6 oz Ocean Spray (I 2 per case) $ 7.00 16oz Lipton Tea $13.25 Unit Cost $ 0.23 $ 0.42 $0.58 $0.55 Frappuccino (cold coffee) 20 oz Fruitworks 20 oz Aquafina Water 20 oz All Sport 5 Gallon BIB 5 Gallon Pre Mix 16 oz Cups 22 oz Cups 32 oz Customized Cups Lids for 16oz and 22oz Cups 20 LB. CO2 Canisters $ 12.00 $10.00 $ I0.00 $ I 0.00 $ 34.25 $15.00 $ 45.60 $ 57.60 $ 60.00 $ 32.00 $15.00 !.00 $ 0.42 $ 0.42 0.42 6.85/gal 3.00/gal 0.04/cup 0.05/cup $ 0.24/cup $ 0.013/lid $ 0.75/LB Units/ Case 24 units 24 ufiits ! 2 units 24 units 12 units 24 units 24 units 24 units 5 gal box 5 gal tank 1,216 cups 1,200 cups 250 cups 2,400 lids 20 LBs Pepsi-Cola will maintain the above product pricing througllout the five year period of the contract. However, Pepsi-Cola reserves the fight to increase pricing if there is a large price increase on raw materials. At which time Pepsi-Cola will give the Civic Center 60 days notice and necessary documentation. 9 Response ,4dvertish g Section 4.1.2 Product Represeninfion' & Advertising Rights RO E CIVIC C[~ITER L:ach year ofthe Icl'm, Pepsi-Cola will purchase lhe following advertising package, according to tile rate card for display adverlising package. Pepsi-Cola will pay tile sum of $25,000 per year for the Williamson Road Entrance Marquee (four panels on each side) to include daily message center displays of approximately 800 per day. In exchange for being the "Official Beverage Supplier", Pepsi-Cola will receive exclusive sob drink product representation benefits and advertising rights at Roanoke Civic Center and Victory Stadium. The only Non-Alcoholic beverage producls that can be represented or advertised at Roanoke Civic Center facilities will be Pepsi-Cola products. Pepsi Cola will also receive media recognition describing Pepsi as the "Official Beverage Supplier"ofthe Roanoke Civic Center and Victory Sladium. Pepsi-Cola will be included in all advertisements that are appropriate, Io include, multiple event advertiseme, ls, calendar of events, etc. Pepsi-Cola will also provide lhe Roanoke Civic Center with Back Lit Menu Boards and Dispensing equipment thai will prominenlly Iisi and idenlify the available products for sale. This signage shall be clearly visible lo tile public. Pepsi-Cola will provide cups Io tile Roanoke Civic Center and its facilities at all dispensing locations based on the cost established under Section 4. I.i Produc! Pricinff (page 9) in exchange for being the "Official Soft Drink oflhe Roanoke Civic Center, Pepsi would like to receive 12 complimentary tickets to each evenl and 6 complimenlary VIP parking passes. 10 Marketing attd Promotions Response to Sections 4.1.3 and 4.1.4 RoAiXlOl<l CIVIC CENTER Response to Section 4.1.3. Event Marketing and Promotions Each year of the term, Pepsi-Cola will designate $15,000 annually for use by the Civic Center for marketing mutually agreed upon events and/or the promotion of events at the Civic Center or Victory Stadium. E. xamples include: the Roanoke Country Fair & Music Festival or High-Profile Concerts. Response to Section 4.1.4 Minor Leagne llockey Promotions Each Year ofthe term, Pepsi-Cola will provide a pre-determined number ofsideline coolers, cups, towels, and product to the Minor League tlockey Team. Pepsi will also work with the team to design game day or market-wide promotions. Examples include: Fan giveaways, in store sweepstakes for team related prizes/tickets, and game day contest. Estimated annual value: $5,000. Estimated Total Marketing and Promotions Funding = $ 20,000 Annnally · II Response to: Equipment Platt Section 4.1.5 Equipment, Service and Installation ROANOKE CIVIC CENTER Vending: Pepsi-Cola will furnish any and all equipment to operate existing and Future vending needs at The Roanoke Civic Center. This vending equipment shall be New and equipped with Dollar Bill Validators (DBV). This vending equipment will be placed, serviced and maintained at locations identified by tire Civic Center Manager. Pepsi will make recommendations to the Civic Center on additional placements and or pickups that will assist to increase the Civic Center's revenues. Pepsi Cola will assume all Cost associated with placing, servicing and maintaining this equipment, excluding inslallatiofi of power, for the Civic Cenler. These vending machines will be filled by the Civic Center, with products purchased by the Civic Center, flora lhe Pepsi-Cola Company of Roanoke, Virginia Pepsi Cola will provide timers on all vending machines located in the concourse so they may be turned offand on automatically These vending machines will be quiet and not disruptive to the activities on-going in the facilities. Pepsi-Cola will receive exclusive Vending Rights for the entire Roanoke Civic Center facilities. Visa Coolers: Pepsi-Cola 'will provide tire Civic Center with electric Visa Coolers. Pepsi Cola will assume all Cost associated with placing, servicing and maintaining this equipment, excluding installation of power. These coolers are to be used for the purpose of retailing Pepsi-Cola bottled products. In exchange [or this equipment Pepsi-Cola will receive relail exclusivity on Carbonaled drinks, Juices, Bottle waler, Teas ami isotonic sports drinks, at the Roanoke Civic Center's facilities. Pepsi-Cola understands and agrees to all requirements set forth by the Civic Center associated with Section 2.4 Equipment. 12 Response to: Equipment Platt Section 4.1.5 Equipment, Service and lnstsllation (continued) ROANOKE CIVIC CENTER _ _~_ I 2 I L L I I I I lllllllll L Ltl I . Fountain: Pepsi shall be responsible for providing, installing, maintaining, repairing and accounting for all Fountain equipment placed at the Roanoke Civic Center facilities as identified by the Roanoke Civic Center Manager. Pepsi-Cola understands and agrees to ;neet all requirements, set forth by the Roanoke Civic Center in RFP//99-4-37, as described in following Sections: Sections 2 4 Equipment Sections 2.5 Equipment Maintenance Sections 2.6 Electricity Sections 2.7 Storage Space Sections 2.8 Service Personnel All problems reported to Pepsi Cola involving any equipment shall be responded to within twenty four (24) hours. 13 Equipment Platt Response to: Section 4.1.5 Equipment, Service aud Installation {continued) ROANOKE CIVIC CENTER Pepsi-Cola Equipment Allows Placement in Convenient Locations. Vending · Coliseum Concourse · Coliseum Employee Areas · Exhibit Hall · Auditorium · Victory Stadium Fountain · Concourse Concessions · Exhibit ltall -Auditorium · Victory Stadium 14 Parttterships Response to Sections 4.1.6. ROANOKE CIVIC CENTER Response to: Section 4.1.6. Branded Food Pnrtnerships~ Throughout the term, Pepsi-cola commits to assist the City of Roanoke in negotiations to contract with national branded food operators at the Civic Center. Pepsi-Cola agrees to schedule and attend meetings with national branded t~ood operators with whom Pepsi has slrong relationships. Exmnples of potential food operatOrs'include: Subway, Taco Bell, Pizza tlut, KFC, Little Caesars, Wendys and Frito Lay. 15 MarAeting Programs Response to: Section 4.1.7. Other Elements ROANOKE CIVIC CENTER Throughout lhe term, Pepsi-Cola will provide marketing programs to create awareness and increase attendance at Civic Center events. Some examples of marketing programs, their respective values and brief description follow: Marketing Program - 3,00,000 can panels. Pepsi-Cola will design and distribute 3,000,000 cans which will promote a mutually agreed upon event(s) at lhe Civic Center or Victory Stadium. The interaction of a consumer with a soft drink can is a "hand to mouth" interaction where the consumer raises the advertising vehicle to their eye-level. Research has determined that the majority ofconsumers will read an advertisement on a soft drink can at a much higher rate than a print advertisement. Can Panel Advertising Marketing Value - $69,000 B Marketing Program - I00 GRPs radio tags. Pepsi-Cola will mn a twenty-second message promoting a nmtually agreed upon event(s) at the Civic Center or Victory Stadium. The tag will immediately follow a Pepsi-Cola Company Brand advertisement. Pepsi-Cola runs radio advertisements approximately 35 weeks each year and Pepsi will work with the Civic Center or Victory Stadium to determine the best-available dates for these tags to air. Radio Advertising Marketing Value - $10,000 C Marketing Programs - Vending Machine Promotion Pepsi-Cola has over 5,000 vending machines in a 50 mile proximity of the Roanoke Civic Center and Victory Stadium. Pepsi will place discount coupons or other advertising copy, provided by the Roanoke Civic Center or Victory Stadium, on Pepsi-Cola products dispensed through a mutually agreed upon number of these vending machines. Vending program Marketing Value - $ I 0,000 16 Marketing Programs Reslmnse to: Section 4.1.7. Other Elements {continued} OANOKE CIVIC CENTER D Marketing Program - Souvenir Cup Art Pepsi-Cola will provide art for a 32oz souvenir cup for use at the Roanoke Civic Center. The concessionaire will be responsible for production costs. The design will be mutually agreed upon by the Civic Center and Pepsi. For example, it could be used to create a schedule cup for Hockey or Indoor Football. Fans at a single game who purchase the cup would be reminded of future game dates. Another option is to use the cup to increase beverage sales by creating a very desirable graphic. For example, a championship cup design. Souvenir Cup Program Marketing Value - $5,000 Total Marketing Valise of Snsnple programs - $94,000 17 Additional Support to the Roanoke Civic Center Response lo: Section 4.1.8. Payments to support the Mission of the Civic Center ROANOKE CIVIC CENTER Annually, Pepsi-Cola agrees to provide a one day rental fee to the Civic Center on behalfof non-profit community organizations or City High School Athletic Programs. Approximate Annual Value: $2,800 18 Pepsi Cola Delivers the Funding Solutions' ROANOKE CIVIC CENTER Funding Generator Advertising Package (Willia.tvon Road Entrance lllarqnee) Event Markcling and l'romotions (E. vample: Roa.ohe Colt.try Fair attd Music Festival) Minor League Hockey Promotions (Fan Giveaways, sweepstahes, attd prizes) Can Panels Advertising MarAet I/alue (3, 000, 000 Ca. Pa.el, v to promote Radio Advertisi.g Market Vahte (I O0 GRPs Radio Tags) l/¢lldJll[~ Pl'o~ram Market I/ahte (vemling Machine Promotion - 50 Mile I'roximily) Souvenir Cup Program Market Value (32oz Plastic Civic Center Cup) Spo.sorships of Non-Profit Organizations (One day rental fee to The £¥vic Cetttet' or ~ctory ,¥htditttt Estimate Annually Total $25,000 5.000 $s, ooo $69,000 $10.000 $1o, ooo $5,000 $2,800 Estimate 5 Years $125,ooo $ 75, 000 $25,ooo $345.000 $5o, ooo $5o,00o $25.000 $14.000 $ o9 oOo 19 Sutnmary: Why Partner with Pepsi- Cola Company ROANOKE CIVIC CENTER In Summary, Pepsi-Cola will provide: $25,000 annually to the Civic Center for exclusive soft drink products and adveflising rights, $15,000 annually for event marketing and promotions, $50,000 in equipment and service, $5,000 annually in product and promotions for the minor league hockey team, approximately $94,500 annually in additional marketing value and $2,800 annually on behalf of non-profit community organizations or high schools. The annual total value of the package presented by Pepsi-Cola in response to the RFP for soft drink product representation and pouring rights for the Roanoke Civic Center and Victory Stadium in cash, equipment, free product and marketing programs is $192,300. 20 THE PEPSI BOTTLING i~ROUP Mr. D. Darwin Roupe Manager, Supply Management Roanoke City Dear Mr. Roupe The Pepsi-Cola Company appreciates the opportunity to bid on the Roanoke Civic Center and its Facilit'l'~.' We hope to continue our successful Partnership with the Roanoke Civic Center. We believe we have put forth our best effort in answering the Request for Proposal No. 99-,4-37 for Sol~ Drink Product Representation & Pouring Rights for Roanoke Civic Center and Victory Stadium. However, Pepsi Cola would like to include the following element to our proposal: The Pepsi-Cola Company will provide the Roanoke Civic Center and its Facilities, for their use at events, Four (4) Pepsi Mobile Carts. These are Ice cooled Carts in which the Civic Center can use to sell 20oz Pepsi Products. These four (4) coolers will be made available to the Roanoke Civic Center on an as needed basis. V~iue: $3,000 each X Four (4)= $12,000 Again, we, at Pepsi, would like to continue this successful partnership with The Roanoke Civic Center. We are committed to, and will continue to provide the Roanoke Civic Center with value added programs, quality service and market leading products. Cc: Mike Dittrich Tim Swecker Sincerely, Mark Cooke Key Accounts Manager THE PEPSI BOTTLING GROUP P.O. 8OX 1110. ROANOKE, VA 24019 IN TH~ couNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No. 34922-0~0300. A RESOLUTION concurring in the recommendations of the City's administration for updating the City's sewer exemption meter credit program. WHEREAS, proposed changes to the sewer exemption meter credit program have been considered at several Water Resources Committee meetings; and WHEREAS, it has been determined that a "grandfathering" of existing customers and a rebate program would be offered in order to encourage customers to change their meter to a fixed location for reading by the City's meter readers. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council concurs in the recommendations of the City's administration for updating the City's sewer exemption meter credit program, as more particularly set forth in the Water Resources Committee report submitted to this Council, dated July 3, 2000, and the attachments to that report. 2. The Director of Finance is authorized to implement the $100 rebate program in order to help offset the costs of replacing a citizen's existing meter with a City meter. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #27-111-468 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34922-070300 concurring in th6 recommendation of the City's administration updating the City's sewer exemption meter credit program, as more particularly set forth in a report of the Water Resources Committee and attachments dated July 3, 2000; and authorizing the Director of Finance to implement a $100.00 rebate program in order to help offset the costs of replacing a citizen's existing meter with a City meter. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance Dana D. Long, Chief, Department of Billings and Collections Robert H. Bird, Municipal Auditor Jesse H. Perdue, Jr., Manager, Water Department Samuel Hayes, III, Manager, Utility Line Services C:~VIyFiles~HJLY3COR. WPD Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Sewer Exemption Meter Credit Program The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council approve the sewer exemption meter credit program as outlined in the attached staff report. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: I CC: City Clerk City Attorney Director of Finance Water Department Manager Utility Line Services Manager Municipal Auditor City of Roanoke Office of Billings & Collections June 19, 2000 Members of the Water Resources Committee Roanoke, Virginia RE: Sewer Exemption Meter Credit Program Dear Chairperson Wyatt and Members of the Water Resources Committee: Proposed changes to the sewer exemption meter credit program have been considered at several prior Water Resources Committee meetings. At the last meeting on February 22, 2000, several options were discussed and it was determined that a "grandfathering" of existing customers and a rebate program would be offered in order to encourage customers to change their meter to a fixed location for reading by the city's meter readers. It was also discussed that when a residence or location with an exemption meter is sold, then the new owner would comply with the new program requirements. A summary of the procedures follows: Co Customers will be asked, where practical, to relocate their meter. If it is not practical, then those customers will be grandfathered. Two rebate programs will be offered for the period of July 1, 2000 through June 30, 2001. A $100 rebate program will be offered for those customers with sprinkler systems to help offset the costs of replacing their meter with a city meter. In the majority of cases, sprinkler systems use a meter box located near the city's water meter. A $200 rebate program will be offered for those customers with existing sewer exemption meters to aid in offsetting the costs of meter relocation. A city meter will be provided and placed in the meter box free of charge by the City's Utility Line Services Department. All new customers applying for a first time sewer exemption meter permit will be required to comply with the new procedures. For grandfathered customers, additional conditions will be established as follows: 1) if a meter reading is late or received after the bill has been processed, no credit will be allowed; 2) if no meter reading is provided, credit will not be given for that billing period; 3) if up to four (4) meter readings are missed or not mailed during a one (1) year period, then the permit will be revoked and the "grandfather" clause will no longer apply. Attached to this report is a final version of the revised procedures offered for your approval. We would be pleased to answer any questions you might have. Sincerely, Dana D. Long Chief, Billings and Collections Room 212 215 Church Avenue, S.W. Roanoke, Virginia 24011-1529 Phone (540) 853-2880 Fax (540) 853-2458 e-mail: obc@ci.roanoke.va.us CZ Jesse Hall, Deputy Director of Finance Jesse Perdue, Manager, Water Department Sam Hayes, Manager, Utility Line Services Bob Bird, Municipal Auditor SEWER EXEMPTION METER PROGRAM PROCEDURES for customers with existing sewer exemption meters OVERVIEW The Sewer Exemption Meter Program is offered to city water/sewer customers to measure water used for outside watering, irrigation or swimming pools which does not enter the sanitary sewer system for the purpose of issuing an exemption or credit on the sewage treatment charges. This program operates on a cost sharing basis wherein the customer shares in the cost of installation and the city provides, installs, maintains, and reads the meter free of charge. We encourage current users of this program to use city meters located in a meter box which will be read by the city's meter readers. However, if it is not practical for the customer to relocate their existing meter, then those customers will be "grandfathered." We will be glad to assist in determining the feasibility of relocating the meter. The majority of the existing sewer exemption meters fall into two categories: a) meters used for sprinkler systems and b) meters which are portable or located in a fixed position within the customer's plumbing system. Please read below for additional information. CUSTOMERS WITH SPRINKLER SYSTEMS Customers with sprinkler systems having an exemption meter located in a meter box next to the city's water meter are encouraged to exchange their gallon meter for a meter provided at no cost by the city. This will allow meter readings from the city water meter and the sewer exemption meter to be recorded in the same unit of measure which is hundreds of cubic feet. It may be likely that the size of the meter box for the sprinkler system meters will prohibit installation of a city meter. However, if it is not practical to exchange the meter, then those customers will be "grandfathered." Please call Billings & Collections at 853-2456 to schedule an evaluation. We will gladly examine those meters on a case-by-case basis. After installation of a city meter, the meter will be maintained by the city's Utility Line Services Department. If the meter malfunctions, it will be replaced at no charge. REBATE PROGRAM - Sprinkler Systems - July 3, 2000 through June 30, 2001 The City will offer up to $100 to offset the costs to exchange the existing meter with a new city provided meter. The $100 rebate program is effective from July 3, 2000 through June 30, 2001 only. An original receipt will need to be provided to the Office of Billings & Collections along with a written request for a refund. If the cost to exchange the meter is less than $100, only the actual amount of the invoice will be refunded. If the cost is greater than $100, only $100 will be refunded. II. 2 CUSTOMERS WITH SEWER EXEMPTION METERS (except for sprinkler systems outlined above) Customers with existing sewer exemption meters are encouraged, where practical, to relocate their meter into a meter box on a "T" off the service line as depicted on the attached diagram. If it is not practical to relocate the existing meter, those customers will be "grandfathered." The Office of Billings & Collections is available to assist you in determining the practicality of relocating the existing sewer exemption meter. Please call our Meter Reader Supervisor at 853-6817 to schedule an appointment. REBATE PROGRAM July 3, 2000 through June 30, 2001 For customers with existing sewer exemption meters not placed in a meter box as a part of a sprinkler system, a rebate of up to $200 is offered to aid in offsetting the costs of relocating the meter into a meter box as depicted on the attached diagram. The $200 rebate program is effective from July 3, 2000 through June 30, 2001 only. An original receipt will need to be provided to the Office of Billings & Collections along with a written request for a refund. If the cost to relocate the meter is less than $200, only the actual amount of the invoice will be refunded. If the cost is greater than $200, only $200 will be refunded. III. PROCEDURES FOR EXISTING SEWER EXEMPTION METERS NOT BEING RELOCATED: This applies to customers who maintain their own sewer exemption meters which are not being read by the City's meter readers ("grandfathered" customers): The sewer exemption meter must be read a) every three months for quarterly accounts and b) every month for monthly accounts in conjunction with your regular billing cycle in order for the credit to appear on your water/sewer bill. The reading should be mailed or faxed to Billings and Collections approximately five days prior to the time the city meter is read for regular billing. The due date of the meter reading will be provided to you along with an initial set of forms for use in recording and mailing in the readings. You may also call Billings & Collections at 853-2456 for the date in which the meter reading will need to be received. Please allow ample time for mailing. After we have provided an initial set of forms, we request that you make copies of the forms for future reporting. If you do not have a form, please call Billings and Collections at 853-2456 for a supply. The FAX number is 853-2458. LATE OR MISSED READINGS: If the meter reading is received late or received after the regular water/sewer billings have been processed, no credit will be allowed. If no meter reading is provided, credit will not be given for that billing period. Rev. 7~3~00 CONDITIONS VOIDING PERMITS: If up to four (4) meter readings are missed or not mailed in at regular billing times during a one (1) year period, then the permit will be revoked and the "grandfather" clause will no longer apply. In order to continue in this program, customers will be required to install a meter to meet the new guidelines as depicted on the attached diagram. CONDITIONS: (Applicable to all Sewer Exemption Meter Program customers) The City reserves the right to revoke permission for this program at any time in the future. Should the City exercise this right, you will be notified in writing. The City reserves the right at any reasonable time to inspect the meter installation and its location relative to your plumbing system and the city's water meter. The City reserves the right to ask that plantings, shrubbery, or other vegetation be trimmed or removed for safe access to the meter. The customer assumes all risks associated with the sewer exemption meter box, lid, and all connecting parts. It is the customer's responsibility to ensure that the lid is properly closed at all times. NON-TRANSFERRABLE The sewer exemption meter program permit only applies to the person or firm who originally applied at the approved location. The permit may not be transferred between owners or properties. DROUGHT OR EMERGENCY Credits will not be extended on irrigation or swimming pool sewer exemption meters during periods of drought or emergency. Rev. 7/3/00 I L~ I X WI 0 'x City of Roanoke Billings & Collections 215 Church Ave., SW, Room 252 Roanoke, VA 24011-1529 (540) 853-2456 (540) 853-2458 (fax) e-mail:-obc@ci, roanoke.va, us SEWER EXEMPTION METER PROGRAM Reading Log Please provide the sewer exemption meter readings to the Office of Billings & Collections in the months of: by the January, April, July, October February, May, August, November March, June, September, December of each month. Instructions: Please use the attached form to record and report your readings. Retain this form for your records. Use the space below to record your readings: Date of Reading Reading Date of Reading Reading Date: From: Sewer Meter Exemption Program Accourit~ - Name: Mailing Address: This is to certify that gallons or cubic feet of water, at the above address was used for outside watering and did not enter the public sanitary sewer system during the period of to This amount of water is requested to be exempted from sewage treatment charges. The current meter reading is: The previous meter reading was: USAGE: (Subtract previous reading from current reading) Signature: ~ Detach ........................................................................................................ Sewer Meter Exemption Program Date: From: Account# Name: Mailing Address: This is to certify that gallons or cubic feet of water, at the above address was used for outside watering and did not enter the public sanitary sewer system during the period of to This amount of water is requested to be exempted from sewage treatment charges. The current meter reading is: The previous meter reading was: USAGE: (Subtract previous reading from current reading) Signature: Sewer Exemption Meter Program for New Customers Effective July 3, 2000 The following applies if you currently do not have a sewer exemption meter. OVERVIEW: The Sewer Exemption Meter Program is offered to city water/sewer customers to measure water used for outside watering, irrigation or swimming pools which does not enter the sanitary sewer system for the purpose of issuing an exemption or credit on the sewage treatment charges. This program operates on a cost sharing basis wherein the customer shares in the cost of installation and the city provides, installs, maintains, and reads the meter free of charge. Please read below for additional information. HOW TO APPLY: An application can be obtained from the Office of Billings & Collections by calling 853- 2456 or from the CityWeb at www.ci.roanoke.va.us. Return the completed and signed application to: City of Roanoke Billings & Collections 215 Church Ave., SW, Rm 252 Roanoke, VA 24011-1529 Or Fax the application to Billings & Collections at (540) 853-2458 PROGRAM PROCEDURES: New customers desiring exemption from sewer treatment charges for the use of water that does not enter the sanitary sewer system must install a meter in a standard meter box as per the attached diagram. The meter will be provided and installed free of charge by the City's Utility Lines Services Department. The meter is to be located between the City's meter and the structure or dwelling on the customer's property. Meter Readings will be obtained by the City's meter readers during the regular meter reading cycle. These readings will be automatically uploaded into the water/sewer billing system to generate a credit on the customer's regular bill. FOLLOW THESE STEPS: Co Obtain and complete an application for the Sewer Exemption Meter Program. This application is available in Room 252 of the Municipal Building or can be printed from the city's web site at www.ci.roanoke.va.us. The customer or their plumber will be required to obtain a plumbing permit from the city's Building Inspections Department. Their telephone number is 853- 1090. Once the meter box or vault and setter have been installed, contact Billings & Collections at 853-2456 so that a meter can be installed. The City will provide and install a meter at no charge. 2 The sewer exemption meter must be placed on a "T" off the service line as depicted on the attached diagram. The sewer exemption meter must be located between the City's water meter and the structure on the customer's property. The meter should not be located in heavily lands.caped areas. This will allow the City's meter readers to easily locate the meter in a safe and efficient manner. Customers may install any standard meter box (vault) and setter as long as the following requirements are met: The meter can be easily removed for installation and maintenance The meter depth from the top to the ground shall be a minimum of 18-22 inches. The meter box must be 2 feet in depth from the top of the ground. The diameter of the box opening shall be a minimum of 18 inches. Once the customer or plumber has completed the installation, a plumbing inspection must be scheduled with the Roanoke City Building Inspections Department. After installation, the meter will be maintained by the City's Utility Line Services Department. If the meter malfunctions, the meter will be replaced at no charge. CONDITIONS: The City reserves the right to revoke permission for this program at any time in the future. Should the City exercise this right, you will be notified in writing. The City reserves the right at any reasonable time to inspect the meter installation and its location relative to your plumbing system and the city's water meter. The City reserves the right to ask that plantings, shrubbery, or other vegetation be trimmed or removed for safe access to the meter. The customer assumes all risks associated with the sewer exemption meter box, lid, and all connecting parts. It is the customer's responsibility to ensure that the lid is properly closed at all times. NON-TRANSFERRABLE The sewer exemption meter program permit only applies to the person or firm who originally applied at the approved location. The permit may not be transferred between owners or properties. DROUGHT OR EMERGENCY Credits will not be extended on irrigation or swimming pool sewer exemption meters during periods of drought or emergency. City of Roanoke SEWER EXEMPTION METER PROGRAM APPLICATION Date: Name: Mailing Address: City, State, Zip Code: Telephone Number: Home ( ) Work ( Contact Person: Location Address: (if different from mailing address above) I certify that I have received a copy of the Sewer Exemption Meter Program Regulations and am aware of the conditions stated therein. I hereby apply for a permit to participate in the Sewer Exemption Meter Program: Date: Signature: Return this application to: or Fax this application to: City of Roanoke Billings and Collections 215 Church Avenue, SW, Room 252 Roanoke, VA 24011-1 529 (540) 853-2456 (540) 853-2458 Fo, r Office Use Only Account Number: Cycle/Route: Meter Number: Installation Date: Meter Location: Size: Kind: Appt. Date: Inspector: Meter Reading: OBC Approval: Date: Time: Contact Person: Date: Signature: SEWER EXEMPTION METER INSTALLATION DETAIL vACUUM BREAKER METER SETTER AND BOX TO BE , FLEVEL WiTH FINISHED GRADE ~ ~~' ~Iv'~v~  3/4' COPPER SETTER DETAIL CITY OF ROANOKE, VA Billings & Collections 215 Church Ave., SW Room 252 Roanoke, VA 24011-1529 (540) 853-2456 (540) 853-2458 FAX e-mail obc@ci.roanoke.va.us Check us out on the Internet at www.ci.roanoke.va.us Sewer Exemption Meter Permit Regulations The Sewer Exemption Meter Program is offered to city water/sewer customers to measure water used for outside watering, irrigation or swimming pools which does not enter the sanitary sewer system for the purpose of issuing an exemption or credit on the sewage treatment charges. This program operates on a cost sharing basis wherein the customer shares in the cost of installation and the city provides, installs, maintains, and reads the meter free of charge. July 1, 2000 City of Roanoke Sewer Exemption Meter Program Regulations FOLLOW THESE STEPS: A. Obtain and complete an application from Billings & Collections at 853-2456. B. Obtain a plumbing permit from the Building Inspections Department at 853-1090. C. A standard meter box or vault will need to be installed. D. Contact Billings & Collections at 853-2456 to schedule a meter installation. The City will provide and install the meter at no charge. E. Contact Building Inspections to schedule an inspection. The sewer exemption meter must not be attached directly in line with 'the customer's service line prior to entering the structure. The sewer exemption meter must be placed in a "T" off the service line and located between the City's water meter and the structure on the property. The meter should not be located in heavily landscaped areas. Any standard meter box (vault) and setter may be installed as long as the following requirements are met: A) The meter can be easily removed for installation and maintenance; B) The meter depth from the top to the ground must be a minimum of 18-22 inches; C) The meter box must be 2 feet in depth from the top of the ground; and, D) The diameter of the box opening must be a minimum of 18 inches. - See Diagram- Once the installation has been completed, a plumbing inspection must be scheduled with the Building Inspections Department. After installation, the meter will be maintained by the City's Utility Line Services Department. CONDITIONS: The City reserves the right to revoke this permission at any time in the future. The City reserves the right at any reasonable time to inspect the meter installation and its location relative to your plumbing system and the city's water meter. Conditions cont'd The City reserves the right to ask that plantings, shrubbery, or other vegetation be trimmed or removed for safe access to the meter. The customer assumes all risks associated with the sewer exemption meter box, lid and all connecting parts. It is the customer's responsibility to ensure that the lid is properly closed at all times. DROUGHT OR EMERGENCY Credits will not be extended on irrigation or swimming pool sewer exemption meters during periods of drought or emergency. NON-TRANSFERABLE The permit only applies to the person or firm who originally applied at the approved location. The permit may not be transferred between owners or properties. For more information contact: Billings & Collections 215 Church Ave., SW, Room 252 Roanoke, VA 24011-1529 (540) 853-2456 (540) 853-2458 FAX e-mail: obc@ci, roanoke, va. us Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #2-20-60-468-264 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34924-070300 providing for acquisition of certain property rights needed by the City for intersection widening in connection with the installation of a traffic signal at the intersection of Hollins Road and Liberty Road, N. E., setting a certain limit on the consideration to be offered by the City; and providing for the City's acquisition of such property rights by condemnation, under certain circumstances. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Kit B. Kiser, Assistant City Manager for Operations James D. Grisso, Director of Finance Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C:~,MyFiles~'ULY3 COR. WP D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. N~. 34924-0~0300. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersection of Hollins Road and Liberty Road, N.E., setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the intersection widening in connection with the installation of a traffic signal at the intersections of Hollins Road and Liberty Road, N.E.; the City wants and needs certain property rights as set forth in the report and attachments thereto to this Council dated July 3, 2000, on file in the Office of the City Clerk. The proper City officials are authorized to acquire the necessary property rights, following a satisfactory environmental site inspection for the City, from the respective owners for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exist for the acquisition of said property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as the City Manager deems appropriate; provided, however, the total consideration offered or expended shall not exceed $35,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owner of the interest'conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owner of any property rights to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under disability lacking capacity to convey said property rights or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to {}33.1-119 or {}25- 46.8 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H: \ORD-GEI~OLA-Signai - Hollins. Liber ry..6.19-00 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #2-20-60-468-264 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34923-070300 amending and reordaining certain sections of the 2000-01 Capital projects Fund Appropriations, providing for transfer of $12,675.00 and $22,325.00, in connection with signalization of the intersection of Hollins Road and Liberty Road, N. E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C:'~MyFilea~IULY3 COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of July, 2000. No~. 34923~070300. 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: AoorooHations Traffic Engineering Seven New Traffic Signals (1-2) ............................... Capital Improvement Reserve Public Improvement Bond Series 1996 (3) ........................ Public Improvement Bond Series 1999 (4) ........................ 1 ) Appropriated from 1996 Bond Funds 2) Appropriated from 1999 Bond Funds 3) Streets and Sidewalks 4) Streets and Sidewalks (008-052-9570-9088) (008-052-9570-9001) (008-052-9701-9191) (008-052-9709-9191 ) $12,675 22,325 (12,675) (22,325) $ 4,239,160 495,201 $12,119,842 525,887 11,201,003 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effectfrom its passage. ATTEST: City Clerk. Roanoke City Council Regular Agenda Report July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Intersection Signalization - Hollins Road and Liberty Road, N.E. The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of property rights as shown in the attached staff report, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses, permits, etc. Transfer $12,675 from Public Improvement Bonds-Series 1996 #008-052-9701-9191 and $22,325 from Public Improvement Bonds-Series 1999 #008-052-9709-9191 for a total of $35,000 to Account #008-052-9570-9050 entitled Seven New Traffic Signals. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 cc: City Clerk City Attorney Director of Finance Engineering Coordinator #00-325 Water Resources Committee Regular Agenda Report June 19,2000 To: From: Subject: Members Water Resources Committee /~,~z~~''-'~ ~'~. Kiser, Director of Utilities & O~t~~- thru Darlene L. Burcham, City Man~ Property Rights Acquisition for Intersection Signalization Hollins Road and Libe~ Road, N.E. Background: Signalization for the intersection of Hollins Road and Liberty Road, N.E was approved as part of the 1997 General Obligation Bond referendum. Plans have been sufficiently developed to identify the property rights that will be needed for construction of the project. Considerations: Authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights. See Attachments I and 2 for description of properties affected. Funding of $35,000 is available from the sale of bonds and needs to be transferred to the project account. Recommended Action(s): Authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of property rights as shown on the attached list, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc Transfer $12,675 from Public Improvement Bonds-Series 1996 #008-052-9701-9191 and $22,325 from Public Improvement Bonds-Series 1999 #008-052-9709-9191 for a total of $35,000 to Account #008-052-9570-9050 entitled Seven New Traffic Signals. Attachments: 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator Report Author: Sarah E. Fitton H:\USER\COMMON\CounciI\Fitton\SIGNLZAT.WPD #00-325 ATTACHMENT 1 PROPERTY RIGHTS HOLLINS ROAD and LIBERTY ROAD N.E. INTERSECTION SIGNALIZTION IDA PARKER TOMS ........... 3131502 IDA PARKER TOMS ........... 3131503 E.J.PARKER ............ 3131504 E.J.PARKER ............ 3131505 E.J.PARKER ............ 3131207 ALTON B.PRILLAMAN ........... 3250303 ATTACHMENT 2 52.2 84.5 170.0 NDRTDN AVENUE 2~.1 ..31315O2 252.6 31.31505 249.1 31315O4 3131505 24,3.5 LIBERTY ROAD 197.3 3131207 125.0 150.0 5250215 5250212 150.0 325020! :0 NORTON ! 325O201 3250303 182.5 SCALE: 1%'100" TEMPORAEY CONSTRUC~ON EASEMENT PROPOSED RIGHT OF WAY 3250302 215 Clmlfll Avame, $.W'. (540) HOI..UNS ROAD / UBERTY ROAD INTERS[CTION IMPROVEMENTS CITY OF ROANOKE, VIRGINIA Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk' July 11, 2000 File #2-60-468 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34926-070300 providing for acquisition of property rights needed by the City for certain drainage improvements in connection with the Salem Turnpike Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain cimumstances; and authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C: ~[yFiles~ULY3COP.. W'PD The 3rd day NO. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, of July, 2000. 34926-070300. AN ORDINANCE providing for the acquisition of property rights needed by the City for certain drainage improvements in connection with the Salem Turnpike Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a fight of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For certain drainage improvements in connection with the Salem Turnpike Drainage Project, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, licenses or permits, as more specifically set forth in the report and attachments thereto to this Council dated July 3, 2000, on file in the Office of the City Clerk. The owners of the property as identified by the attachments are based on the best information available to the City at this time. The City may acquire the identified interest from the legal owner of the property as determined by a title search. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consideration as deemed appropriate for the necessary interests, provided, however, the total con_sideration offered or expended, including closing costs, title search fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed $38,000.00 without further authori~zation of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property fights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to {}25-46.8 or §33.1- 120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-OEN~O-LA-Dra~n-SalemTumpike.6.23.00 Mary F. Parker, CMC City Clerk CITY OF R O/tNOKE Office of the City Clerk July 11,2000 File #2-60-468 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34925-070300 amending and reordaining certain sections of the 2000-01 Capital Projects Fund Appropriations, providing for appropriation of $38,000.00, in connection with acquiring property rights needed for the Salem Turnpike Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C:~IyFiI~s~JULY3COR~ WPD IN THECOUNCIL OF THE CITY OF ROANOKE, VIRGINIA' The 3rd day of July, 2000. No.,.34925-070300. 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: Aooroofiations Sanitation $ 1,915,159 Salem Turnpike Drainage Project (1) .......................... 79,580 Capital Projects Reserve $12,040,842 Public Improvement Bond Series - 1999 (2) ..................... 11,122,003 1) Appropriated from 1999 Bond Funds (008-052-9697-9001) $ 38,000 2) Storm Drains (008-052-9709-9176) (38,000) 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 July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Salem Turnpike Drainage Project 29th Street to 31 st Street The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Appropriate $38,000 from Public Improvement Bond Series 1999, account #008-052- 9709-9176 to the Salem Turnpike Drainage Project account #008-052-9697-9001. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 cc: City Clerk City Attorney Director of Finance Engineering Coordinator #00-344 Water Resources Committee Regular Agenda Report June 19,2000 To: ~embers,/Water Resqu~ From: thru Darlen~3"rcham, City Manager ~ Kit B. Kiser, ~ir~tiiities & Operations Subject: PROPERTY'RIGHTS ACQUISITION FOR SALEM TURNPIKE DRAINAGE PROJECT 29TM STREET TO 31sT STREET Background: Drainage problems have existed for many years along Salem Turnpike in the vicinity of 29th Street to 31st Street, adjacent to the Landsdowne Park Neighborhood. See Attachment 1. The Salem Turnpike Drainage Project was included in the Capital Improvement Program (CIP), approved by City Council on July 21, 1997. By Ord. No. 34691-022200 Council authorized a contract for design of a project to correct the problem. Design is now sufficiently complete to identify the property rights that will be required for construction of the project. Considerations: Authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights. See Attachment 2 for a list of properties affected. Funding of $38,000 is available in Public Improvement Bond Series 1999, account #008-052-9709-9176 and needs to be appropriated to the Salem Turnpike Drainage Project account #008-052-9697-9001. Recommended Action(s): Authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, right of way, licenses or permits, etc. Appropriate $38,000 from Public Improvement Bond Series 1999, account #008-052- 9709-9176 to the Salem Turnpike Drainage Project account #008-052-9697-9001. DLB/KBK/SEF Attachment(s): 2 CC; William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-344 H:\USER\COMMON\Council\Fitton\DRG-Salem.acq I ATTACHMENT 1 v: ! I / : i III /II ! I I I TAX N~ SALEM TURNPIKE DRAINAGE PROJECT PREPARED FOR THE CITY OF ROANOKE L OCA TED BETWEEN 29TH AND 31ST STREETS DATE: · SCALE: COMM. NO.: CADD FILE: F:~99\99436\ENG\436PLO2.DWG LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA 4664 BRAMBLETON AVENUE P.O. BOX 20669 ROANOKE, VIRGINIA 24018 PHONE (540) 7744411 FAX (540) 772-9445 E-MAIL LUMSDENPC@AOL.COM PROPERTY RIGHTS SALEM TURNPIKE DRAINAGE PROJECT 29TM TO 31s~' STREET EDGAR & VERGIE L. MULLINS TWELVE-O-SIX VIRGINIA VALLEY REAL ESTATE INVEST GARY LYNN & MARGARET C. DREWRY LIGHTWEIGHT BLOCK CO., INC LARRY G. 8, GLORIA J. POFF LARRY G. & GLORIA C. POFF LARRY G. POFF 2520114 252O1O3 2520116 2520102 2510208 2520118 2520105 2520106 ATTACHMENT 2 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11,2000 File #2-60-468 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34928-070300 providing for acquisition of property rights needed by the City for certain drainage improvements in connection with the Summit Hills - Phase I Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a dght of entry on any of the parcels for the purpose of commencing the project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer C:~yFilmk,IULY3COR.WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. blo. 34928-070300. AN ORDINANCE providing for the acquisition of property rights needed by the City for certain drainage improvements in connection with the Summit Hills - Phase I Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For certain drainage improvements in connection with the Summit Hills - Phase I Drainage Project, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, licenses or permits, as more specifically set forth in the report and attachments thereto to this Council dated July 3, 2000, on file in the Office of the City Clerk. The owners of the property as identified by the attachments are based on the best information available to the City at this time. The City may acquire the identified interest from the legal owner of the property as determined by a title search. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including closing costs, title .search fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed $5,000.00 without further authorization,.of Council..Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attomey, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to §25-46.8 or §33.1- 120, et seq, Code of Virginia (1950), as amended, granting to the City the fight to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. 'ATTEST: City Clerk. H:\ORD-GENXO-LA-Drain-SummitHilIs-7-3-00 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #2-60-468 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34927-070300 amending and reordaining certain sections of the 2000-01 Capital Projects Fund Appropriations, providing for appropriation of $5,000.00, in connection with acquiring property rights needed for the Summit Hills Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C:~MyFilesXJULY3COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of July, 2000. - No'] 34927-070300. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation $ 1,877,159 Summit Hills Drainage Project Phase I (1) ........................31,835 Capital Project Reserve $12,078,842 Public Improvement Bond Series - 1999 (2) ....................... 11,160,003 1 ) Appropriated from 1999 Bond Funds (008-052-9695-9001) $ 5,000 2) Storm Drains (008-052-9709-9176) (5,000) 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 July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Summit Hills Drainage Project- Phase I The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Appropriate $5,000 from Public Improvement Bond Series 1999, account #008-052- 9709-9176 to the Summit Hills Drainage Project- Phase I account #008-052-9695- 9001. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 cc: City Clerk City Attorney Director of Finance Engineering Coordinator #00-345 To: From: Subject: Water Resources Committee Regular Agenda Report June 19, 2000 Members, Water I;~souj'~°mmittee Kit' B. Kiser, I~i~of Utilities & Operations t;rRuOD~Ukoham, City ManF~RTY RIGHTS ACOUISITIOaNgeFrOR SUMMIT HILLS DRAINAGE PROJECT - PHASE I Background: Drainage problems have existed for many years along Summit Drive in the Edgewood- Morwanda Summit Hills Neighborhood. See Attachment 1. These problems include standing water at the intersection of Glenridge Road and Summit Drive, soil erosion along the right-of-way and some flooding of residences along the east end of Summit Drive. The project was included in the Capital Improvement Program (ClP), approved by City Council on July 21, 1997. By Ord. No. 34720-032000 Council authorized a contract for design of a project to correct the problem. Design is now sufficiently complete to identify the property rights that will be required for construction of the project. See Attachment 2. Considerations: Authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights. See Attachment 3 for a list of properties affected. Funding of $5,000 is available in Public Improvement Bond Series 1999, account #008- 052-9709-9176 and needs to be appropriated to the Summit Hills Drainage Project - Phase I account #008-052-9695-9001. Recommended Action(s): Authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Appropriate $5,000 from Public Improvement Bond Series 1999, account #008-052- 9709-9176 to the Summit Hills Drainage Project account #008-052-9695-9001. DLB/KBK/SEF Attachment(s): 3 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator H:\USEP,\COMMON\Council\Fitton\DRG-SumtHI.acq #00-345 J.S 31. II ATTACHM~'NT 1 ~0 E!31900 ATTACHMENT 2 II ATTACHMENT 3 PROPERTY RIGHTS SUMMIT HILLS DRAINAGE PROJECT- PHASE I RICKY K. FARRAR .......... 6070405 EVELYN T. HARRIS .......... 6070505 RICHARD E. JONES, JR. & VlVIAN E. JONES ........... 6070318 PATRIClA I. & DON C. ROWLAND .......... 6070916 KATHRYN FARRIS & THOMAS F. LUCAS .......... 6070917 CITY OF ROANOKE .......... 6070134 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 13, 2000 File #2-60-468 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34930-070300 providing for acquisition of property rights needed by the City for certain drainage improvements in connection with the Trevino Drive - Phase I Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer C:LMyFiI~IULY3 COR. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. blo. 36930-070300. AN ORDINANCE providing for the acquisition of property rights needed by the City for certain drainage improvements in connection with the Trevino Drive - Phase I Drainage Project; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisitiOn of such property rights by condemnation, under certain circumstances; authorizing the City to make motion for the award of a fight of entry on any of the parcels for the purpose of commencing the project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For certain drainage improvements in connection with the Trevino Drive - Phase I Drainage Project, the City wants and needs certain fee simple interests, temporary construction easements, permanent easements, and rights of ingress and egress, licenses or permits, as more specifically set forth in the report and attachments thereto to this Council dated July 3, 2000, on file in the Office of the City Clerk. The owners of the property as identified by the attachments are based on the best information available to the City at this time. The City may acquire the identified interest from the legal owner of the property as determined by a title search. The proper City officials are authorized to acquire for the City from the respective owners the necessary interests and appropriate ancillary rights with respect to the parcels, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including closing costs, title search fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed $36,000.00 without further authoCzatiorr of Council..Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owners of the interest conveyed, certified by the City Attorney to be entitled to the same. 3. Should the City be unable to agree with the owner of any real estate in which an interest in property is required or should any owner be a person under a disability and lacking capacity to convey such interest or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to {}25-46.8 or {}33.1- 120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon the property for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\ORD-GEl~O-LA-Drain-TrevinoDfive-7-3-00 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #2-60-468 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34929-070300 amending and reordaining certain sections of the 2000-01 Capital Projects Fund Appropriations, providing for appropriation of $36,000.00, in connection with aCquiring property rights needed for the Trevino Drive Drainage Project. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C:~,~y Files~IULY3 C 0 R. WPD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of July, 2000. Nor 34929'070300. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Sanitation Trevino Drive Drainage Project - Phase I (1) ...................... Capital Projects Reserve Public Improvement Bond Series - 1999 (2) ....................... 1 ) Appropriated from 1999 Bond Funds (008-052-9694-9001) $ 36,000 2) Storm Drains (008-052-9709-9176) (36,000) $ 1,872,159 63,400 $12,083,842 11,165,003 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 July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Trevino Drive Drainage Project- Phase I The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Appropriate $36,000 from Public Improvement Bond Series 1999, account #008-052- 9709-9176 to the Trevino Drive Drainage Project - Phase I account #008-052-9694- 9001. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 cc: City Clerk City Attorney Director of Finance Engineering Coordinator #00-346 To: From: Subject: Water Resources Committee Regular Agenda Report June 19, 2000 IVJembers. Water Reso ~o~mm~~ /~. Kiser, ~ti~ties & Operations thru Darlene L0. B-'~rcham, City Manager PROPERTY RIGHTS ACQUISITION FOR TREVINO DRIVE DRAINAGE PROJECT-PHASE I Background: Drainage problems have existed for many years along the existing drainage channel located in the rear yards of residences along a portion of Trevino Drive. This channel is located in the Monterey Hills area. See Attachments 1 & 2. Citizens' complaints and maintenance requests date back to 1988. A drainage study was completed by the Engineering Department in January 1997, and the project was included in the Capital Improvement Program (CIP), approved by City Council on July 21, 1997. By Ord. No. 34706-030600 Council authorized a contract for design of a project to correct the problem. Design is now sufficiently complete to identify the property rights that will be required for construction of the project. Considerations: Authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights. See Attachment 3 for a list of properties affected. Funding of $36,000 is available in Public Improvement Bond Series 1999, account #008-052-9709-9176 and needs to be appropriated to the Trevino Drive Drainage Project- Phase I account #008-052-9694-9001. Recommended Action(s): Authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of all property rights required for the construction of the project, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, right of way, licenses or permits, etc. Appropriate $36,000 from Public Improvement Bond Series 1999, account #008-052- 9709-9176 to the Trevino Drive Drainage Project - Phase I account #008-052-9694- 9001. DLB/KBK/SEF Attachment(s): 3 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator H:\USER\COMMON\Council\Fitton\DRG-Trvn.acq #00-346 ATTACHMENT 1 PROPOSED 25' DRAINAGE EASEMENT TM-7570810 /~,~-737010 PROPERTY UNE ('r'YP) TM-7570809 T~-7370808 PROPOSED 25' DRAINAGE 11 TREVINO DRIVE STREAM IMPROVEMENTS DRAINAGE EASEl ENT 1'-100' MAY 2OOO 00024 .. P.OPm~' UNg'~) "~.. --. ~'~ I,~ :: :.:.  TREVlNO DRIVE "~~"'m~" STREAM IMPROVEMENTS ~Y 2000 ~~ "~~~ DRAINAGE EASEMENTooo~ ATTACHMENT 3 PROPERTY RIGHTS TREVINO DRIVE DRAINAGE PROJECT- PHASE I ROBERT D. & HELEN H. BRIZENDINE .......... 7370111 TERRY E. PARSELL & DIANNE ZIEGLER ..........7370810 MRS. PERCY D. FULLER ........... 7370811 MICHAEL A. & VICKIE A. SHORTT .......... 7370120 MICHAEL E. & LINDA S. ROBERTS .......... 7370121 THOMAS A. & SANDRA M. SWANN .......... 7370122 STEPHEN R. & JULIA F. RATLIFF .......... 7371011 DAWN LAMB PIERCE .......... 7371012 NICHOLAS J. & MARGARET BORSELLA .......... 7371013 RUBY R. SIMMONS .......... 7370803 LAWRENCE E. & ALICE B. UNDERWOOD .......... 7370806 MARK S. & CAROLYN L. HICKS .......... 7370807 LAWRENCE E. & LOIS M. MCGLOTHLIN ........... 7370808 DAVID RAY & J. RENEE DOLAN .......... 7370809 FRANK R. & CAROL P. GIBSON .......... 7370827 DAWNA L. MILLER .......... 7370104 ALLEN O. WOODY, III & DIANNE HERNANDEZ WOODY ......... 7370105 & 7370113 GARY L. & TERESA D. AREHART .......... 7370106 DON M. & MYRNA E. LINKOUS .......... 7370112 ROBERT G. PRUITT, JR. & MARY A. PRUITT .........7370114 RICHARD A. SLUSHER .......... 7370115 DOUGLAS W. & CHARLOTTE H. BRIZENDINE .......... 7370116 CURTIS W. & LINDA W. WRIGHT ......... 7370117 PAUL C. & GEORGIA A. HILL .......... 7370118 BILLY L. & CYNTHIA A. DUNBAR .......... 7370119 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 14, 2000 File #2-60-468 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34932-070300 providing for acquisition of certain property rights needed by the City for intersection widening in connection with installation of a traffic signal at the intersection of Williamson Road and Hildebrand Road, N. E., setting a certain limit on the consideration to be offered by the City; and providing for the City's acquisition of such property rights by condemnation, under certain circumstances. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C:LMy Filcs~tJLY3 COR. WP D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. No. 34932-070300. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersection of Williamson Road and Hildebrand Road, N.E., setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the intersection widening in connection with the installation of a traffic signal at the intersections of Williamson Road and Hildebrand Road, N.E.; the City wants and needs certain property rights as set forth in the report and attachments thereto to this Council dated July 3, 2000, on file in the Office of the City Clerk. The proper City officials are authorized to acquire the necessary property rights, following a satisfactory environmental site inspection for the City, from the respective owners for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exist for the acquisition of said property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as the City Manager deems appropriate; provided, however, the total consideration offered or expended shall not exceed $2,500.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owner of the interest conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owner of any property rights to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under disability lacking capacity to convey said property rights or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to §33.1-119 or §25- 46.8 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. H:\OR.D-GEIC, OLA-Signal- Wm.~n. Hildebrand. 7.3.00 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 2000 File #2-20-60-264-468 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34931-070300 amending and reordaining certain sections of the 2000-01 Capital Projects Fund Appropriations, providing for transfer of $2,500.00, in connection with acquiring property rights needed for signalization of the intersection of Williamson Road and Hildebrand Road, N. E. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, July 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Kit B. Kiser, Assistant City Manager for Operations Philip C. Schirmer, Acting City Engineer Sarah E. Fitton, Engineering Coordinator C: ~MyFile~ULY3 COR. W'PD IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of July, 2000. - No. 34931-070~00. AN ORDINANCE to amend and reordain certain sections of the 2000-2001 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2000-2001 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: . Appropriations Traffic Engineering $ 4,241,660 Seven New Traffic Signals (1) ................................. 497,701 Capital Improvement Reserve $12,038,342 Public Improvement Bond Series 1999 (2) ........................ 11,119,503 1 ) Appropriated from 1999 Bond Funds (008-052-9570-9001) $ 2,500 2) Streets and Sidewalks (008-052-9709-9191) (2,500) 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 EEC, EtVEO July 3, 2000 Honorable Ralph K. Smith, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Property Rights Acquisition for Intersection Signalization VVilliamson Road and Hildebrand Road, N.E. The attached staff report was considered by the Water Resources Committee at its regular meeting on June 19, 2000. The Committee recommends that Council authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of property rights as shown on the attached report, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc. Transfer $2,500 from Public Improvement Bonds-Series 1999 #008-052-9709-9191 to Account #008-052-9570-9050 entitled Seven New Traffic Signals. Respectfully submitted, Linda F. Wyatt, Chairperson Water Resources Committee LFW:afm Attachments: 1 cc: City Clerk City Attorney Director of Finance Engineering Coordinator #00-349 Water Resources Committe~0 uU? -1 2~,R :2d Regular Agenda Report '~ June 19,2000 To: From: Subject: Members, Water Resources Committee /~~ /Kit B. Kiser, Director of ~j~tj~§,~C~l:~'mtions thru Darlene L. Burch~~'nager Property Rights Acquisition for Intersection Signalization Williamson Road and Hildebrand Road, N.E. Background: Signalization for the intersection of VVilliamson Road and Hildebrand Road, N.E, was approved as part of the 1997 General Obligation Bond referendum. Plans have been sufficiently developed to identify the property rights that will be needed for construction of the project. Considerations: Authorization is needed to move forward with procurement of title work, appraisals, and document preparation related to acquisition of the necessary property rights. See Attachments I and 2 for description of properties affected. Funding of $2,500 is available from the sale of bonds and needs to be transferred to the project account. Recommended Action(s): Authorize the City Manager to take the following actions: Execute the appropriate documents to accomplish the acquisition of property rights as shown on the attached list, in a form acceptable to the City Attorney. Said property rights may be acquired following a satisfactory environmental site inspection by negotiation or eminent domain and include fee simple, permanent easements, temporary construction easements, rights-of-way, licenses or permits, etc Transfer $2,500 from Public Improvement Bonds-Series 1999 #008-052-9709-9191 to Account #008-052-9570-9050 entitled Seven New Traffic Signals. Attachments: 2 CC: William M. Hackworth, City Attorney Mary F. Parker, City Clerk James D. Grisso, Director of Finance Sarah E. Fitton, Engineering Coordinator #00-349 H:\USER\COMMON\CounciI\Fitton\SIG N L-VVMS.VVPD ATTACHMENT 1 2200104 1.008 10.0'-- 2200101 0.980 Ac 2200102 0.408 Ac Ac 16.5' °? PERMANENT TRAFFIC CONTROL EASEMENT TEMPORARY CONST. EASEMENT O~¢e o/'t~e City Engineer Room 350 2 ! $ Church Avenue, S.W. Roanoke, Virginia 24011-1587 ('040) 981-2731 WlLLIAMSON ROAD/HILDEBRAND ROAD INTERSECTION IMPROVEMENTS ROANOKE, VIRGINIA ATTACHMENT 2 PROPERTY RIGHTS SIGNALIZATION OF WILLIAMSON ROAD / HILDEBRAND ROAD LAWMEN ENTERPRISES, INC. JEFFERY B. HARRISON TAX NO. 2200101 TAX NO. 2200212 MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 11,2000 File #51 SANDRA H. EAKIN Deputy City Clerk James Lesniak, Executive Director Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Lesniak: I am enclosing copy of Ordinance No. 34900-070300 rezoning properties located in.the 900 block of Centre Avenue, N. W., identified as Official Tax Nos. 2112503 - 2112512, inclusive; and Official Tax Nos. 2111914 - 2111922, inclusive, from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 19, 2000, also adopted by the Council on second reading on Monday, July 3, 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:Io Enclosure pc: Ms. Henrietta Moore, c/o Mr. Rashi Moore, 903 Centre Avenue, N. W., Roanoke, Virginia 24016 Mr. Reginald A. Oliphant, P. O. Box 5942, Roanoke, Virginia 24012 Commonwealth of Virginia, 928 Loudon Avenue, N. W., Roanoke, Virginia 24000 C:LMyFiles~JULY3COR. WPD James Lesniak July 11,2000 Page 2 pc: Mr. and Mrs. Calvin D. Burwell, 920 Loudon Avenue, N. W., Roanoke, Virginia 24016 Mr. and Mrs. Glenn H. Hale, 920 Loudon Avenue, N. W., Roanoke, Virginia 24016 Ms. Lenora C. Webb, 914 Loudon Avenue, N. W., Roanoke, Virginia 24016 Mr. Ivory M. Dalton, 910 Loudon Avenue, N. W., Roanoke, Virginia 24016 Gilmer Housing Associates, LP, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Mr. and Mrs. Alphonsia Preston, 828 Loudon Avenue, N. W., Roanoke, Virginia 24016 Ms. Margie L. Brown, et al, cio Mr. James Dent, 831 Centre Avenue, N. W., Roanoke, Virginia 24016 Mr. and Mrs. John T. Davis, Jr., 209 Ninth Street, N. W., Roanoke, Virginia 24016 Mr. and Mrs. Lonza E. Kingery, P. O.. Box 12711, Roanoke, Virginia 24027 Mr. and Mrs. Joseph M. Andrews, 261 Pecks Road, Pittsfield, Maryland 01201 Townside Construction Co., 711 5th Street, N. E., Roanoke, Virginia 24016 Mr. Lonza E. Kingery, 6477 Crowell Gap Road, S. W., Roanoke, Virginia 24014 Mr. Robert Akerson, Jr., 1748 Lonna Drive, N. W., Roanoke, Virginia 24019 Mr. William D. Brown, Route 2, Box 540, Goodview, Virginia 24095 Ms. Shelby B. Hill, Route 2, Box 540, Goodview, Virginia 24095 Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 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, Acting City Engineer Steven L. Talevi, Assistant City Attorney Edward R. Tucker, City Planner C: ~dy Files'~ULY3COR. V,/P D IN THE COUNCIL OF THE CiTY OF ROANOKE, VIRGINIA, The 3rd day of July, 2000. _ No'2 34900-070300. AN' ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone cert~n property within the City, subject to certain conditions proffered by the applicant. WHEREAS, the City Planning Commission has made application to the Council of the City of Roanoke to 'have the hereinafter described property rezoned from RM-3, Residential Multifamily, Hig. h Density District, to RM-4, Residen6al Multifamily, High Density District, subject to certain condit~io, ns proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the-matter, has made its recommendation to Council; and.. WHEREAS, a public hearing was held by City Council on said application at its meeting on Junel 9, 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. 211 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Those certain properties located in the 900 block of Centre Avenue, N.W., and designated on Sheet No. 211 of the Sectional 1976 Zone Map, City of Roanoke, bearing Official Tax Map Nos. 2112503, 2112504, 2112505, 2112506, 2112507, 2112508, 2112509, 2112510, 2112511, 2112512, 2111914, 2111915, 2111916, 2111917, 2111918, 2111919, 2111920, 2111921, and 2111922, be, and are hereby rezoned from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on May 12, 2000, and that Sheet No. 211 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-REZ\O-City-Centre-RM-4-6-19-00 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report June 19, 2000 Honorable David A. Bowers, Mayor and City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Request from Northwest Neighborhood Environmental Organization, Inc., pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, that properties located in the 900 block of Centre Avenue, N.W., be rezoned from RM-3, Residential Multifamily, High Density district, to RM-4, Residential Multifamily, High Density District. The properties are further described as Official Tax Numbers 2112503, 2112504, 2112505, 2112506, 2112507, 2112508, 2112509, 2112510, 2112511,2112512, 2111914, 2111915, 2111916, 2111917, 2111918, 2111919, 2111920, 2111921, and 2111922 and are currently zoned RM-3, Residential Multifamily, High Density District. Background: On February 2, 2000, the Planning Commission petitioned and recommended approval to the City Council for rezoning of the aforementioned properties from LM, Light Manufacturing District to RM-3, Residential Multifamily High Density District. City Council ruled in favor of the rezoning by adopting it through a unanimous vote on February 22, 2000. Northwest Neighborhood Environmental Organization (NNEO) subsequently realized that the lot size requirements in the RM-3, Residential Multifamily High Density District could not be met with the proposed 68 units for the site. Therefore, on April 6, 2000, NNEO filed a petition to rezone the property to RM-4, Residential Multifamily High Density District. RM-4 provides for a lot requirement of 1,000 square feet per dwelling unit as opposed to the 1,800 square feet requirement per dwelling unit in the RM-3 district. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals In response to discussions between the petitioner and Planning staff, a First Amended Petition to Rezone was filed on May 12, 2000, which proffered the following condition: The rezoned property, if developed, shall be developed in conformance with the attached development plan, at,ached as Exhibit B, prepared by Hill Studio, 02/29/00, subject to modifications as may be required by the City as a result of the development plan review process of the City. Planning Commission held a public hearing on the proposed rezoning on May 17, 2000. There was no one present in the audience in favor of or opposed to the rezoning request. The Commission discussed the proffered development plan with respect to height and the amount of open space. It was noted that the proffered plan provided more than the required open space for RM-3 and that the height of the buildings was somewhat limited by the proffered development plan. Applicant has advised that the proposed height of the building would be 44'8". Considerations: The land uses surrounding the subject property are compatible with adjacent uses and the neighborhood. Land uses to the north, west, and south are residential neighborhood uses. Rezoning from RM-3, Residential Multifamily High Density District, to RM-4, Residential Multifamily High Density District, results in a notable increase in the intensity of uses at the property. The proffered plan will ensure that the number of units proposed for the area does not result in a higher number of units for the elderly care facility. NNEO is the neighborhood organization in the area and is also the petitioner for the proposed rezoning. The comprehensive plan recommends the following: New housing and housing types (i.e. elderly care facility) should be encouraged to respond to current needs and trends including changing family structures; Development of neighborhood organizations in all areas of the city should be encouraged; and Appropriate housing services for individuals with special needs should be available in neighborhood settings through public and private efforts. Recommendation: The Planning Commission, by a vote of 7-0, recommends approval of the rezoning request from RM-3 to RM-4, subject to certain conditions proffered by the petitioner. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission Attachments cc: City Manager City Attorney Assistant City Manager for Community Development Assistant City Attorney Petitioner MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 2401 I-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAK1N Deputy City Clerk May 15, 2000 File #51 Melvin L. Hill, Chair 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 May 12, 2000, from James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, Inc., requesting that properties located in the 900 block of Centre Avenue, N. W., identified as Official Tax Nos. 2112503 - 2112512, inclusive; and Official Tax Nos. 2111914- 2111922, inclusive, be rezoned from RM-3, Residential Multifamily District, High Density District, to RM-4, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization; Inc., 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator &~Clartha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H :~:[E. ZO N IN G .98~nneo .wl:~d FIRST AMENDED-PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN'IA Rezoning of properties in the 900 block of Centre Avenue, N.W., more specifically identified by Official Tax Nos. 2112503 through 2112512, inclusive; and 2111914 through 2111922, inclusive, from RM-3, Residential Multifamily, High Density District to RM-4, Residential Multifamily, High Density District, subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, Northwest Neighborhood Environmental Organization, Inc., pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, requests that properties located in the 900 block of Centre Avenue, N.W., be rezoned from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District. The properties are further described as Official Tax Numbers 2112503, 2112504, 2112505, 2112506, 2112507, 2112508, 2112509, 2112510, 2112511, 2112512, 2111914, 2111915, 2111916, 2111917, 2111918, 2111919, 2111920, 2111921, and 2111922 and are currently zoned RM-3, Residential Multifamily, High Density District. A map of the property to be rezoned is attached as Exhibit A. The petitioner requests that said properties be rezoned from RM-3, Residential Multifamily, High Density District to RM-4, Residential Multifamily, High Density Distric( subject to certain conditions set forth below, for the purpose of encouraging the construction of elderly housing with associated community facilities and support services by the Northwest Neighborhood Environmental Organization, Inc. The petitioner hereby proffers and agrees that if the Property is-rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following condition: The rezoned property, if developed, shall be developed in conformance with the attached development plan, attached as Exhibit B, prepared by, Hill Studio, 02/29/00 subject to modifications as may be required by the City of Roanoke as a result of the development plan review process of the City. The petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan in that it will provide needed services and housing within the neighborhood for elderly residents of the city. Attached as Exhibit C are the names, addresses and tax numbers of the owners of properties proposed to be rezoned, as well as Exhibit D which contains names and addresses of owners of properties immediately adjacent to the properties proposed to be rezoned. WHEREFORE, the petitioner requests that the above-described tracts of land be rezoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted this 9~h, day of. May~.x20q ). Y: 'J rector X,,,, N_o~h.west Neighborhood Environmental '".-Of'ganization, Inc. DON -- I SHENANDOAH AVENUE ' I /I,/..¢ I I EXHIBIT A ~ T I d EXHIBIT B This older site plan will be epresentative f the landscap~ lanning for th~ project. SITE PLAN NOKq'HWE~T NEIGHBOR}If)OD ENVIRONMENTAL ORGANIZATION CENTRE AVENUE ELDERLY HOUSING HILL STUDIO. P.C. 9954 1.6.00 E-~IT B (Continued) AFFECTED PROPERTY OWNERS Tax fi Owner/Mailing Address "/Address of Property 2112503 Northwest Neighborhood Enviromr~ental' Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, Roanoke, VA 24016 2112504 Northwest Neighborhood Enviroim'tental Organization 900 Block Centre 802 Loudon Avenue, NW ,?.. Avenue, Nrw Roan'oke, VA 24016 :" ., : 2112505 Northwest Neighborhood Environment~fl Organization 92.2.'Cb'ntre Avenue, NW 802;L0udon Av'.enue,. lffW' ' .'.. :.. . .t '.' · .. i ":i. ~:'P(;anoke, :VA 2'.401'6'. .... " · : . . :...........:..-....:..... 2112506 Northwest Neighls0rhood:'Environm~ntai' OrganizatiOn · 9'18'C~ntre ' ':~" '~ ' " Avenue, NW 802 Loudon'Avenue, NW.. · " · .. Roanoke, VA 24016' . . .' 2112507' Northwest Nei}hb0rh°od Environmental Organization 900. Block Centre 802 Loudon Avenue, NW Avenue, NW , ROanoke, VA 240'16 2I 12508 NortJtwest Neighborhood EnvironrnentaI. Orgarfization ;~00 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2112509 Northwest Neighborhood Envirmtmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2112510 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2112511 Northwest Neighborhood Environmental Organization ~00 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2112512 Northwest Neighborhood Enviromnental Orga~ization ~00 Block Centre 802 Loudon Avenue, N'W Avenue, NW I Roanoke, VA 24016 I,;XI-II'I' C 2111914 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW. Avenue, NW Roanoke, VA 24016 2111915 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111916 Northwest Neighborhood Environment'al Organization 900 Block Ce.ntre 802 Loudon Avenue, NW Avenue, N'W Roanoke, VA 24016 2111917 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111918 NorthweSt 'Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111919 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW' Roanoke, VA 24016 2111920 Northwest Neighborhood Environmental Organization 700 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 (Closing Scheduled for 1/7/00): 2111921 Henrietta Moore 700 Block Centre c/o Rash5 Moore Avenue, NW 903 Centre Avenue, NW Roanoke, VA 24016 (NNEO has a signed purchase agreement with this individual but as of yet have not closed the sale) 2111922 Northwest Neighborhood Environmental Organization 901 Centre Avenue, NW 802 Loudon Avenue, NW ~oanoke, VA 24016 EXHIBIT C (continued) TAX NUMBER 2111820 2111808 A~DJOINiNG PROPE~' OWNERS PROPERTY OWNER/MAILING ADDRESS Reginald A. Oliphant . : P. O. Box 5942 Roanoke, VA 24012 Northwest Neighborhood Environmental Organization 802 Loudon Avenue, NW Roanoke, VA 24016 2111903 -- 2III.904' 2111905 2111906 2111907 2111908 Commonwealth of Virginia 928 Loud0n Avenue,. N'W' Roanok. e, VA. 24000' · Calvin'D,. and Patricia T. Bu.r~el [ .' 920:LoudOn. A.v. enue,.NWT':'.. -.-' ':.; .:. · .[' "'., P(b~6k~;:.V~(~4016: . : ': i.'.':.".:.. · '- '" :~'. '.::::'-:'.: :.;i ': '77.': :57 ... '. '.. Glerm H. and'Virgie T. Hale '~20 LOUdon'-Xvmue, NV, r. .'.Roanoke, VA 24016 Northwest Neighborhood'Envir~nm~tal Organization · 802 Loudon Avenue, NW' Roan0kC, VA 24016 Lenora C: Webb 914 Loud°n Avenue, N'W Roanoke, VA 24016 Ivory M. Dalton 910 Loudon Avenue, NW' Roanoke, VA 24016 2111909 Gilmer Housing Associates, LP 802 Loudon Avenue, NW Roanoke, VA 24016 2111910 Gilmer Hous/ng Associates, LP 802 Loudon Avenue, NW Roanoke, VA 24016 2112001 Alphonsia and Doretha Preston 828 Loudon Avenue, NW Roanoke, VA 24016 EXHIBIT D 2112011 2112019 2112601 2112611 2112513 2112516 2112517 2112518 2112519 2112520 2112522 2112409 2112406 Margie L. Brown, et al c/o James Dent 831 Centre Avenue, NW' Roanoke, VA 24016 · lotto T. Davis, Jr. Thelma Davis 209 Ninth Street, NW Roanoke, VA 24016 Northwest Neighborhood Environmental Organization 802 Loudon Avenue, NW' Roanoke, VA 24016 Lonza E. and Carol K. Kingery P. O. Box 12711 Roanoke, VA 24027 ~. Joseph M. and Mary A. Ar~drews 261 Pecks Road Pittsfield, MA 01201 ToWnSide Construction' Co.' 711 5'~ Street.; N.E. Roanoke, VA 24016 Low_.a.E. KingeW 6477 CroweH Gap Road Roanoke, VA24014' Robert Akerso~ Jr. 1748LormaDrive, NW Roanoke, VA24019 William D. Brown Shelby B. Rill Route 2, Box 540 Goodview, VA 24095 EXHIBIT D (continued) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 9, 2000 File #51 James Lesniak, Executive Director Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Lesniak: 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, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the Northwest Neighborhood Environmental Organization, Inc., that properties located in the 900 block of Centre Avenue, N. W., identified as Official Tax Nos. 2112503 - 2112512, inclusive; and Official Tax Nos. 2111914 - 2111922, inclusive, be rezoned from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. 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 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. It will be necessary for you, or your representative, to be present at the June 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. Parker, CMC ./ City Clerk MFP:Io Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 !- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 9,2000 File #51 SANDRA H. EAKIN Deputy Cit~ Clerk Ms. Henrietta Moore c/o Mr. Rashi Moore Mr. Reginald A. Oliphant Commonwealth of Virginia Mr. and Mrs. Calvin D. Burwell Mr. and Mrs. Glenn H. Hale Ms. Lenora C. Webb Mr. and Mrs. Joseph Andrews Mr. Robert Akerson, Jr. Ms. Shelby B. Hill Mr. Ivory M. Dalton Gilmer Housing Associates, L. P. Mr. and Mrs. AIphonsia Preston Ms. Margie L. Brown, et al cio Mr. James Dent Mr. and Mrs. John T. Davis, Jr. Mr. and Mrs. Lonza E. Kingery Townside Construction Co. Mr. William D. Brown 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, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the Northwest Neighborhood Environmental Organization, Inc., that properties located in the 900 block of Centre Avenue, N. W., identified as Official Tax Nos. 2112503 - 2112512, inclusive; and Official Tax Nos. 2111914 - 2111922, inclusive, be rezoned from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. The City Planning Commission is recommending approval of the abovedescril~ed request. Please call the City Clerk's Office at 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 853-2344. Sincerely, City Clerk MFP:Io The Roanoke Times ~C~ii~ ~ ['i ~ Roanoke, Virginia Affidavit of Publication The Roanoke Times -- -'OQ- _J)J _lg_ _ B_:O_8 .......................................................... NORTHWEST NEIGH. ENV 802 LOUDON AVE JAMES LESNIAK, EXEC. ROANOKE VA 24016 REFERENCE: 80027841 01431586 NOTICE OF PUBLIC HE 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 June 2000. Witness my hand and official seal. ~__~~~_~ , Notary Public My c ommi s s i on exp i r e s __~__O~L~_~2~__~Q_3 PUBLISHED ON: 06/01 06/08 TOTAL COST: 179.82 FILED ON: 06/16/00 .................................................. NOTICE OF PUBLIC HEARING TO WHOM rr MAY CONCERN: (1979), as amended, th~ day, June 19, 2000, at 7.'~ p.m., In the Counc# ChambM in ttm MuniciPal Building, 215 Church Avenue, S.W., .on the question of rezonlng from RM-3, Reeldenflal Multtfamlly, I~)sldent~l Mu~lfemily, High Those certoin properties ~oc~ed In ~he ~0 IMock of Cemm Avenue, N.W., end buer- ~n~ OfflcMI Tax M~p Nos. 211250~ 2112504, 2112505 211250~, 2112S07 2112508. 2112509 2112S:1.0, 2112S1~. 2112512, 2111916 2111,91'?, 21119'18 2111919, 2111920. 2111921, snd 211~e22, ~ubjec~ to nenm. pM~le~ In intere~ ~ ~ cl~ of June, 2000. IdMy F. PMt;er, Clt~, Cleric, (~43:1.586) Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 3 6.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 19, 2000, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District, the following property: Those certain properties located in the 900 block of Centre Avenue, N.W., and beating Official Tax Map Nos. 2112503, 2112504, 2112505, 2112506, 2112507, 2112508, 2112509, 2112510, 2112511, 2112512, 2111914, 2111915, 2111916, 2111917, 2111918, 2111919, 2111920, 2111921, and 2111922, subject to certain proffered conditions. 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 day of ,2000. Mary F. Parker, City Clerk. H:\NOTICE\N-REZ-City_Centre. C_4.7_ 17-00 T~) THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINi~FC[I~ [g PERTA~G TO THE ~ZO~G ~QUEST OF: ~O for propemy located in the 900 block of Centre Avenue, N.W. from) ~FIDAVIT ~-3 to ~-4 ) 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 4th day of May, 2000, notices ora public heating to be held on the 17th day of May, 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 2112503 through 2112512 2111914 2111922 2111808 2111906 2112601 NNEO through 2111920 802 Loudon Avenue, NW Roanoke, VA24016 2111921 Henrietta Moore c/o Rashi Moore 903 Centre Avenue, NW Roanoke, VA 24016 2111820 Reginald A. Oliphant P. O. Box 5942 Roanoke, VA 24012 2111903 Commonwealth of VA 928 Loudon Avenue, NW Roanoke, VA 24016 2111904 Calvin D. and Patricia T. Burwell 920 LoudonAvenue, NW Roanoke, VA24016 2111905 Glenn H. and Virgie T. Hale 920 Loudon Avenue, NW Roanoke, VA 24016 2111907 Lenora C. Webb 914 Loudon Avenue, NW Roanoke, VA 24016 2111908 Ivory M. Dalton 910 Loudon Avenue, NW Roanoke, VA 24016 21119O9 2111910 Gilmer Housing Associates, LP 802 LoudonAvenue, NW Roanoke, VA24016 2112001 Alphonsia and Doretha Preston 828 Loudon Avenue, NW Roanoke, VA 24016 2112011 Margie L. Brown, et al c/o James Dent 831 Centre Avenue, NW Roanoke, VA 24016 2112019 John T. Davis, Jr. Thelma Davis 209 9th Street, NW Roanoke, VA 24016 ~l'li611 Lonza E. and Carol Kingery P. O. Box 12711 Roanoke, VA 24027 2112513 Joseph and Mary Andrews 261 Pecks Road Pittsfield, MA 01201 2112516 2112517 2112518 2112519 2112520 2112522 Townside Construction Co. 711 5th Street, NE Roanoke, VA 24016 212409 Robert Akerson, Jr. 1748 Lonna Drive, NW Roanoke, VA 24019 2112406 William D. Brown Shelby B. Hill Route 2, Box 540 Goodview, VA 24095 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 4th day of May, 2000. Notary Public My Commission expires: \~ "~\ ~ ~~. NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, May 17, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., on the following. Request from the Northwest Neighborhood Environmental Organization, Inc., to rezone properties in the 900 block of Centre Avenue, N.W., more specifically identified by Official Tax Nos. 2112523; 2112503 through 2112512, inclusive; and 2111914 through 2111922, inclusive, from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District A copy of said application is available for review in the Department of Planning and Community Development, Room 166, 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, May 2 and May 9, 2000 Please bill: James Lesniak, Executive Director Northwest Neighborhood Environmental Organization 802 Loudon Avenue, N.W. Roanoke, VA 24016 (540) 343-5674 Please send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 May 15, 2000 SANDRA H. EAKIN Deputy City Clerk File #51 Melvin L. Hill, Chair 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 May 12, 2000, from James Lesniak, Executive Director, Northwest Neighborhood EnvirOnmental Organization, Inc., requesting that properties located in the 900 block of Centre Avenue, N. W., identified as Official Tax Nos. 2112503 - 2112512, inclusive; and Official Tax Nos. 2111914- 2111922, inclusive, be rezoned from RM-3, Residential Multifamily District, High Density District, to RM-4, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization; Inc., 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, 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, Acting City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:h'REZO NIN G.98~neo.wpd FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 't30 IiAY 12 P!:r30 Rezoning of properties in the 900 block of Centre Avenue, N.W., more specifically identified by Official Tax Nos. 2112503 through 2112512, inclusive; and 2111914 through 2111922, inclusive, from RM-3, Residential Multifamily, High Density District to RM-4, Residential Multifamily, High Density District, Subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioner, Northwest Neighborhood Environmental Organization, Inc., pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, requests that properties located in the 900 block of Centre Avenue, N.W., be rezoned from RM-3, Residential Multifamily, High Density District, to RM-4, Residential Multifamily, High Density District. The properties are further described as Official Tax Numbers 2112503, 2112504, 2112505, 2112506, 2112507, 2112508, 2112509, 2112510, 2112511, 2112512, 2111914, 2111915, 2111916, 2111917, 2111918, 2111919, 2111920, 2111921, and 2111922 and are currently zoned RM-3, Residential Multifamily, High Density District. A map of the property to be rezoned is attached as Exhibit A. The petitioner requests that said properties be rezoned from RM-3, Residential Multifamily, High Density District to RM-4, Residential Multifamily, High Density District, subject to certain conditions set forth below, for the purpose of encouraging the construction of elderly housing with associated community facilities and support services by the Northwest Neighborhood Environmental Organization, Inc. The petitioner hereby proffers and agrees that if the Property is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following condition: The rezoned property, if developed, shall be developed in conformance with the attached development plan, attached as Exhibit B, prepared by, Hill Studio, 02/29/00 subject to modifications as may be required by the City of Roanoke as a result of the development plan review process of the City. The petitioner believes the rezoning of said tract of land will further the intent and purposes of the City's zoning ordinance and its comprehensive plan in that it will provide needed services and housing within the neighborhood for elderly residents of the city. Attached as Exhibit C are the names, addresses and tax numbers of the owners of properties proposed to be rezoned, as well as Exhibit D which contains names and addresses of owners of properties immediately adjacent to the properties proposed to be rezoned. WHEREFORE, the petitioner requests that the above-described tracts of land be rezoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Respectfully submitted this 9th, day of. May,,,,20~). Re' ~c~ltsut~itted' kx ~sl Le~, Executive Director 'X,x ~Nc ~thwest Neighborhood Environmental '-4Or anization, Inc. EXHIBIT A I,;- I,r I I I EXHIBIT B SITE PLAN NOI~fHWEST NEIGHBORHOOD ENVIRONMENTAL ORGANIZA'I1ON CENTRE AVENUE ELDERLY HOUSING HILL STUDIO, P.C. 99.54 1.6.00 This older site plan will be epresentative f the landscape lanning for the project. }~IT B (Continued) Tax # AFFECTED PROPERTY OWNERS Owner/Mailing Address / Address of Property ! 2112503 Northwest Neighborhood Enviromnental' 0rganizat~on , 900 Block Centre 802 Loudon Avenue,/xFW Avenue, NW Roanoke, VA 24016 2112504 Northwest Neighl~orhood Enviro~m'~ental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NV/' " Roan'oke VA 24016 :" : 2112505 Northwest Neiglib0rl!ood Environment~/l. Organization 92'2.'Cbntre Avenue, N-W 211'~2'~0~ Northwest Neighbo~liood:Environmentai' Organization ..9'1'8 Centre Avenue, 802 Loud0n ·Avenue, NW:. .- '- Roanoke, VA24016' . .. 2112507 Northwest Nei~hb0ri~ood Env/roim~entaI Organization .900. Block Centre 802 Loudon Avenue, NW Avenue, NW · Roanoke, VA 24016 2112508 Northwest Neighborhood Environmental. Organization 900 Block Centre 802 Loudon Avenue, .NW Avenue, NV/ Roanoke, VA 24016 2112509 Northwest Neighborhood Enviro~m'~ental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 21 12510 Northwest Neighborhood Environmental Organ/zation 900 Block Centre 802 Loudon Avenue, NV/ Avenue, N~V Roanoke, VA 24016 21 12511 Nmlhwest Neighborhood Enviroim'mntal Organization 900 Block Centre 802 Loudon Avenue, NV/ Avenue, NW Roanoke, VA 24016 21 12512 No~-thwest Neighborhood Environmental Orgafizaiion 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 I XI-][IBIT C 2111914 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW. Avenue, NW Roanoke, VA 24016 2111915 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111916 Northwest Neighborhood Environment'al Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111917 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111918 Northwest' Neighborhood Environmental Organization 900 Block C~ntre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111919 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111920 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 (Closing Scheduled for 1/7/00)~ 2111921 Henrietta Moore 900 Block Centre c/o Rashi Moore Avenue, NW 903 Centre Avenue, NW Roanoke, VA 24016 (NNEO has a signed purchase agreement with this individual but as of yet have not closed the sale) 2111922 Northwest Neighborhood Environmental Organization 901 Centre Avenue, NW 802 Loudon Avenue, NW Roanoke, VA 24016 EXHIBIT C (continued) TAX NUMBER 2111820 PROPERTY OWNER/MAILING ADDRESS Reginald A. Oliphant · P. O. Box 5942 Roanoke, VA 24012 2111808 Northwest Neighborhood Environmental Organ/zation 802 Loudon Avenue, NW Roanoke, VA 24016 2111903 2111905 2111906 Commonwealth of Virginia 928 Loudo'n Avenue, NW' . Roano.ke, VA 24000 · CalvinD,- and Patricia T. Burvz. ell'. 920 Loudon"3/venue, -' Roanoke, VA 24016 N°rthwest Neighborhood Enviri~nm ental OrganizatiOn · 802 Loudon Avenue, NW' Roanoke, VA 24016 2111907 2111908 Lenora C:-Webb · 914 Loud0n Avenue, NW Roanoke, VA 24016 Ivory M. Dalton 910 Loudon Avenue, NW Roanoke, VA 24016 2111909 GilmerHottsingAssociates, LP 802Loudon Avenue, NW Roanoke, VA24016 2111910 GilmerHousingAssociates, LP 802 Loudon Avenue, NW Roanoke, VA24016 2112001 Alphonsiaand Dore~a Preston 828 Loudon Avenue, NW Roanoke, VA24016 EXHIBIT D 2112011 2112019 2112601 2112611 2112513 2112516 2112517 2112518 2112519 2112520 2112522 2112409 2112406 Margie L. Brown, et al c/o James Dent 831 Centre Avenue, NW Roanoke, VA 24016 . · lohn T. Davis, Jr. Thelma Davis 209 Ninth Street, NW' ': Roanoke, VA 24016 -. Northwest Neighborhood Environmental Organization 802 Loudon Avenue, NW' Roanoke, VA 24016 Lonza E. and Carol K. Kingery P. O. Box 12711 Roanoke, VA 24027 JoSePh M. and Mary A. Andrews 261 Pecks Road Pittsfield, MA 01201 To .-wnside ConStruction'. Co. "' 711 '5m Street/, N.E. Roanoke, VA 24016 Lonza-E. Kingery 6477 Crowelt Gap Road Roanoke, VA 24014 Robert Akersoa, Jr. 1748 Lonna Drive, NW' Roanoke, VA 24019 William D. Brown Shelby B. Hill Route 2, Box 540 Goodview, VA 24095 EXItlBIT D (continued) CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 MARY F. PARKER, CMC City Clerk SANDRA H. EAKIN Deputy City Clerk April 10, 2000 File #51 Melvin L. Hill, Chair 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 April 6, 2000, from James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, Inc., requesting that properties located in the 900 block of Centre Avenue, N. W., identified as Official Tax Nos. 2112523, 2112503 - 2112512, inclusive; and 2111914 - 2111922, inclusive, be rezoned from RM-3, Residential Multifamily District, High Density District, to RM-4, Residential Multifamily District, High Density District. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosu re pc: The Honorable Mayor and Members of the Roanoke City Council James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, Inc., 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Charles M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:\REZO NING.g8~neo.v4x:l MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11,2000 File #514 James Lesniak, Executive Director Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Lesniak: I am enclosing copy of Ordinance No. 34901-070300 permanently vacating, discontinuing and closing the remaining portion of a public alley that extends in a westerly direction from the easternmost property line of Official Tax No. 2111914 to the right-of-way boundary of 10th Street, N. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 19, 2000, also adopted by the Council on second reading on Monday, July 3, 2000, and will be in full force and effect ten days following the date of its second reading. Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Mr. and Mrs. Calvin D. Burwell, 920 Loudon Avenue, N. W., Roanoke, Virginia 24016 Melvin L. Hill, Chair, City Planning Commission, 2545 Marr Street, N. W., #15F, Roanoke, Virginia 24012 C :'~My Files'~IULY3 COR. WPD WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The remaining portion of an alley that extends in a westerly direction from the easternmost property line of Official Tax No. 2111914 to the right-of-way boundary of l0th Street, N.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with said plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the Petitioner, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT 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-NNEO-6-19-00 Roanoke City Council Regular Agenda Report June 19, 2000 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W, Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the Northwest Neighborhood Environmental Organization (NNEO), to close and permanently vacate a certain portion of a public alley as the same extends in a westerly direction from the easternmost property line of official parcel number 2111914, to the right-of-way boundary of 10th Street N.W. Background: A previous application to close and vacate a one-block section of Centre Avenue, N.W., and a major portion of an adjacent alley was received, reviewed and approved by the Planning Commission on February 22, 2000. City Council approved the request on March 6, 2000. Applicant made numerous attempts to acquire the last remaining parcel in this block of City lots, but was unsuccessful and did not initially request the closure and vacation of this section of alley. They have now acquired the property (tax parcel #2111914) and are requesting closure and vacation of the remaining alley section. Applicant proposes to use this portion alley right-of-way in conjunction with the surrounding properties for the development of a residential care facility for the elderly. This organization currently has several other residential construction projects underway in the immediate neighborhood area. Planning Commission public hearing was held on May 17, 2000. There was no one present either in favor of or in opposition to the requested closure. Considerations: Closure and vacation of this remaining section of public alley will enable the applicant to combine all of the adjacent properties for the development of the proposed facility. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals The City's Comprehensive Plan recommends that new housing and housing types (i.e. elderly care facility) should be encouraged to respond to current needs and trends and that appropriate housing services for individuals with special needs should be available in neighborhood settings. Existing utilities in this area either will be relocated or easements provided where requried. Recommendation: By a vote of 7-0, the Planning Commission recommends approval of the applicant's request to close and permanently vacate the described section of public alley, subject to the following conditions: The applicant shall submit a subdivision plat to the Agent of the Planning Commission, receive all approvals, and record the same with the Clerk of the Circuit Court for the City of Roanoke. The 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 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 over the same. 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 any fees and charges required by the Clerk for recordation. Upon recording a certified copy of the ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the City Engineer, the Clerk's receipt, verifying the recordation of such ordinance. Do If the above conditions have not been met within a period of one year from the date of the adoption of the ordinance effecting said closure and vacation, then the ordinance shall be null and void with no further action by City Council being necessary. Respectfully submitted Melvin L. Hill, Chairman City Planning Commission Attachment CC: City Manager City Attorney Assistant City Manager for Community Development Assistant City Attorney Petitioner IN THE CITY OF ROANOKE, VIRGINIA Application of Northwest Neighborhood Environmental Organization Inc., to close and permanently vacate a portion of a public alley. APPLICATION FoR VACATING DIgCONTINUING AND CLOSING A PORTION OF THE ALLEY BETWEEN CENTRE AVENUE AND LOUDON AVENUE. MEMBERS OF COUNCIL: The Northwest Neighborhood Environmental OrganizatiOn, Inc., applies to have the remaining portion of the alley that extends in a westerly direction from the easternmost property line of official tax parcel 2111914 to the right of way boundary of l0th Street, NW, closed, discontinued, and permanently vacated pursuant to Virginia Code Section 15.2-2006, and Section 30-14, of the Code of the City of Roanoke (1979) as amended. This remaining alley is more particularly described on the attached Exhibit 1, (Map) and as follows: The remaining portion of a public alley being bound on the north by lot 3, and on the south by lot 10 of block 43, as the same extends in a westerly direction from the easternmost property line of official tax parcel number 2111914 to the right of way boundary of 10th Street, NW, all of which are shown on map page 211 of the city's official Appraisal Maps. The Northwest Neighborhood Environmental Organization, Inc., states that the grounds for this application are as follows: (1) All abutting property owners have been notified of the filing of this application(see Exhibit 2). (2) The property to be vacated is not presently being used for public transportation purposes. The rest of the alley was closed, discontinued, and permanently vacated per Ordinance Number 34702-030600 as effective March 16, 2000. (3) The Northwest Neighborhood Environmental Organization, Inc., desires to use the property to be vacated for the development of an elderly housing project that is currently in the planning stage (see Exhibit 3, Plan). The development will consist of approximately 68, one and two bedroom rental units for low-income senior residents. WHEREFORE, THE Northwest Neighborhood Environmental Organization, Inc., respectfully requests that the above described alley portion be closed, discontinued, and permanently vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2- 2006, and Section 30-14 of the Code of the City of Roanoke (1979) as amende, d. -5674, N-~ '~ubmitted ~Or Inc. CENTRE AVENUE & ALLEY PREVIOUSLY CLOSED AND VACATED AS OF MARCH 16, 2000 :!4, '.": t?.._B"Z o tt 2.T2! 2 t l [~! I zftlffZ~. PORTION OF ALLEY AS REQUESTED FOR CLOSURE VACATION .... ~' )' '" EXHIBIT 1 ABUTTING PROPERTY OWNERS Tax # Owner/Mailing Address Address of Property 2111914 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111915 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111904 Calvin D. and Patricia T. Burwell 920 Loudon Avenue, NW 920 Loudon Avenue, NW Roanoke, VA 24016 Roanoke, VA 24016 EXHIBIT 2 :ALLEY ! ! ! i' ! .! I Street N.W. EXHIBIT 3 CENTER AVE RO General ROANOKE HO~NTA~ Site Location / / MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 9, 2000 File #514 SANDRA H. EAKIN Deput~, City Clerk James Lesniak, Executive Director Northwest Neighborhood Environmental Organization, Inc. 802 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. Lesniak: 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, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the Northwest Neighborhood Environmental Organization, Inc., that the remaining portion of a public alley that extends in a westedy direction from the easternmost property line of Official Tax No. 2111914 to the right-of-way boundary of 10th Street, N. W., 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 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Code Enforcement at 853-2344. It will be necessary for you, or your representative, to be present at the June 19 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, City Clerk MFP:Io Enclosure MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 9, 2000 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. and Mrs. Calvin D. Burwell 920 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Mr. and Mrs. Burwell: 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, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the Northwest Neighborhood Environmental Organization, Inc., that the remaining portion of a public alley that extends in a westedy direction from the easternmost property line of Official Tax No. 2111914 to the right-of-way boundary of 10th Street, N. W., be permanently vacated, discontinued and closed. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 853-2541 if you would like to receive a copy of the report. This letteris provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning and Code Enforcement at 853-2344. Sincerely, Mary'F. Parker, CMC ~ City Clerk MFP:Io The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times NORTHWEST NEIGH. ENV 802 LOUDON AVE JAMES LESNIAK, EXEC. ROANOKE VA 24016 REFERENCE: 80027841 01431645 TO WHOM IT MAY CON 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 June 2000. Witness my hand and official seal. ....... ~~----~~~'' .... Notary Public My commission expires _~_~l~_~C~k~ PUBLISHED ON: 06/01 06/08 TOTAL COST: 133.20 FILED ON: 06/16/00 Roanoke wig hoM a Public Hemrln~ On Monday, Jufl~ lg, 2000, at 7:00 p.m., m' ~ soon bor in the MuMcipM. 8idldln& 215 Church Avenue, ,~W., o~ an application to Pmrflanentfy city h~ my ~p~l Int~8~t in alley that extends in a westedy propedy line of OfllcisJ Tax No. J~xIIMslY of lOIh SlTe~t, N.W. Omce of u~e ~ aen% Room (1431645) Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close, to the extent the City has any legal interest in said public fight-of-way, the following public fight-of-way: The remaining portion of an alley that extends in a westerly direction from the easternmost property line of Official Tax No. 2111914 to the fight-of-way boundary of 10th Street, N.W. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this __ day of .,2000. Mary F. Parker, City Clerk. H:\ORD-CLOS~q-SAC-NlqEO-6-19-00 ~EC£!¥ED NOTICE OF P~LIC HE~G BEFb'~ ~HE'ROANO~ CITY PLA~G COMMISSION TO ~OM IT MAY CONCE~: 'ffi gP~ 28 P 3:3'/ The Roanoke City Pla~ing Commission will hold a public hearing on Wednesday, May 17, 2000, 1:30 p.m. or as soon as the matter may be heard, in the City Council Chmber, fou~h floor, Municipal Building, 215 Ch~ch Avenue, S.W., on the following. Request from the Nomhwest Neighborhood Enviromental Organization, Inc., that a pomion of a public alley extending in a westerly direction from the easte~ost propemy line of Official Tax No. 2111914 to the right-of-way bounda~ of l0th Street, N.W., be pendently vacated, discontinued ~d closed. A copy of said application is available for review in the Department of Pla~ing and Community Development, Room 166, Municipal Building. All p~ies in interest ~d citizens may appear on the above date ~d be heard on the matter. M~ha P. Fr~lin, Secret~ Roanoke City Plying Co~ission Please print in newspaper on Tuesday, May 2 and May 9, 2000 Please bill: James Lesniak, Executive Director Northwest Neighborhood Environmental Organization 802 Loudon Avenue, N.W. Roanoke, VA 24016 (540) 343-5674 and send affidavit of publication to: Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 April 10, 2000 File #514 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application received in the City Clerk's Office on April 6, 2000, from James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, Inc., requesting that the remaining portion of a public alley that extends in a westerly direction from the easternmost property line of Official Tax No. 2111914 to the right-of-way boundary of 10th Street, N. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council James Lesniak, Executive Director, Northwest Neighborhood Environmental Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Charles M. Hufflne, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H:\STREET98~INEO.wpd IN THE CITY OF~O~E, ~I~INIA Application of Northwest Neighborhood Environmental Organization Inc., to close and permanently vacate a portion of a public alley. APPLICATION FOR VACATING DISCONTINUING AND CLOSING A PORTION OF THE ALLEY BETWEEN CENTRE AVENUE AND LOUDON AVENUE. MEMBERS OF COUNCIL: The Northwest Neighborhood Environmental Organization, Inc., applies to have the remaining portion of the alley that extends in a westerly direction fi.om the easternmost property line of official tax parcel 2111914 to the right of way boundary of l0th Street, NW, closed, discontinued, and permanently vacated pursuant to Virginia Code Section 15.2-2006, and Section 30-14, of the Code of the City of Roanoke (1979) as amended. This remaining alley is more particularly described on the attached Exhibit 1, (Map) and as follows: The remaining portion of a public alley being bound on the north by lot 3, and on the south by lot 10 of block 43, as the same extends in a westerly direction from the easternmost property line of official tax parcel number 2111914 to the right of way boundary of 10th Street, NW, all of which are shown on map page 211 of the city's official Appraisal Maps. The Northwest Neighborhood Environmental Organization, Inc., states that the grounds for this application are as follows: (1) All abutting property owners have been notified of the filing of this application(see Exhibit 2). (2) The property to be vacated is not presently being used for public transportation purposes. The rest of the alley was closed, discontinued, and permanently vacated per Ordinance Number 34702-030600 as effective March 16, 2000. (3) The Northwest Neighborhood Environmental Organization, Inc., desires to use the property to be vacated for the development of an elderly housing project that is currently in the planning stage (see Exhibit 3, Plan). The development will consist of approximately 68, one and two bedroom rental units for low-income senior residents. WHEREFORE, THE Northwest Neighborhood Environmental Organization, Inc., respectfully requests that the above described alley portion be closed, discontinued, and permanently vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.2- 2006, and Section 30-14 of the Code of the City of Roanoke (1979) as amended. a~, Exe'~ 74, NIX [ubmitted ~Or ~), Inc. CENTRE AVENUE & ALLEY PREVIOUSLY CLOSED AND i VACATED AS OF MARCH 16, 2000 ',7 ss. 6 .5 ':' c i. 'Z. t ~ Z._sq q ' ~.~ · ~ Z t t2 4 ..... PORTION OF ALLEY I¢'~,,, AS REQUESTED FOR CLOSURE AND VACATION f~ Z.{Uq 1,6, Z/ltq J'? 61 ABUTTING PROPERTY OWNERS Tax # Owner/Mailing Address Address of Property 2111914 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111915 Northwest Neighborhood Environmental Organization 900 Block Centre 802 Loudon Avenue, NW Avenue, NW Roanoke, VA 24016 2111904 Calvin D. and Patricia T. Burwell 920 Loudon Avenue, NW 920 Loudon Avenue, NW Roanoke, VA 24016 Roanoke, VA 24016 EXHIBIT 2 'ALLEY Street N.W. EXHIBIT 3 RO HOSJ"~'AL General Site Location ?'HOMAS43~ / / MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11,2000 File #51 Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. W., #15F Roanoke, Virginia 24012 Dear Mr. Hill: I am enclosing copy of Ordinance No. 34902-070300 rezoning properties located in the southwest quadrant of the City, generally known as the Greater Raleigh Court Area, located in the 2000 and 2100 blocks of Laburnum Avenue, the 2000 block of Maiden Lane, and the 2100 block of Westover Avenue, S. W., from RM-1, Residential Multifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single-Family District. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, June 19, 2000, also adopted by the Council on second reading on Monday, July 3, 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:Io Enclosure pc: Raleigh Court Property Owners, Roanoke, Virginia Willard N.Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director, Department of Planning and Code Enforcement C: hMyFilca~dLY3 C OR- WPD Melvin L. Hill July 11,2000 Page 2 pc: Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, Acting City Engineer Steven L. Talevi, Assistant City Attorney Edward R. Tucker, City Planner C: ~ViyFiles~U'L Y3 COR. WP D IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Jul. y, 2000. - 1~o. 34902-6~0300. AN ORDINANCE to amend {}36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 143,144 and 145, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Roanoke City Planning Commission, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from (A) RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, and (B) RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District. 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 June 19, 2000, after due and timely notice thereof as required by {}36.1-693, Code of the City of Roanoke (1979), as amended, at which heating all parties in interest and citizens were given an oppommity 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 b'y 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 Nos. 143, 144 and 145 of the Sectional 1976 Zone Map, City of Rc~anoke, be amended in the following particular and no other: (A) Those certain properties in the 2000 and 2100 blocks of Laburnum Avenue, S.W., and designated on Sheet No. 145 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1450307, 1450308, 1450309, 1450310, 1450311, 1450312, 1450107, 1450108, 1450109, 1450110, 1450111, 1450112, 1450113, and 1450114, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District, pursuant to the Petition filed in the Office of the City Clerk on April 20, 2000, and that Sheet No. 145 of the Zone Map be changed in this respect. (B) Those certain properties in the 2000 block of Maiden Lane, S.W., and the 2100 Block of Westover Avenue, S.W., and designated on Sheet Nos. 143 and 144 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1432211, 1432212, 1432213, 1432214, 1432215, 1432216, 1432217, 1432218, 1432219, 1432101, 1432102, 1432103, 1432104, 1432105, 1432106, 1432107, 1432108,1432109, 1432110, 1431713, 1431714, 1431715, 1431716, 1431717, 1431718, 1431719, 1431720, 1431721, 1431722, 1440307, 1440308, 1440309, 1440310, 1440311, 1440312, 1440313, 1440314, and 1440315, be, and are hereby rezoned from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, pursuant to the Petition filed in the Office of the City Clerk on April 20, 2000, and that Sheet Nos. 143 and 144 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\OR.D-RF_,Z\O-R~z-RalCourt-6-19-00 2 Petetion for Zoning Change We the residents of the 2100 block of Westover Ave. SW, Roanoke, Virginia, petetion the Roanoke City government to include our block in the residential zoning change to RS-3. Our block currently has a single family/multi-family housing ratio of 75%. We feel this is a reasonable balance for a viable, stable neighborhood. We would like to hold the ratio at this level. Date Name (prim) Signature Address: Date .2~/z- 9'/6'0 Date Name (print) ..~o_¥{' ~ ~ Co- rv~ ~ ~_~ J N~e ~t) '~ Name (prim) Signature ~ Date Name(print) Date Name (print) Signature Address: Date Name (print) Signature Address: Petetion for Zoning Change We the residents of the 2100 block of Westover Ave. SW, Roanoke, Virginia, petetion the Roanoke City government to include our block in the residential zoning change to RS-3. Our block currently has a single family/multi-family housing ratio of 75%. We feel this is a reasonable balance for a viable, stable neighborhood. We would like to hold the ratio at this level. Date Name(print) Signature ~~Z~ Date ~- "l~- t~ Name(print) ,~x~lc-0A~.~ ~. ~M~A~$~1 Adar~: Z.~'.-I l ~ ~'CoVC-.~ .~.,.. 3',.3 Date Name (print) Signature Date Name (print) Date Z / ~ Name (print) Petetion for Zoning Change 'Wetlie'~esidents of the 2100 block of Westover Ave. SW, Roanoke, Virginia, petetion the Roanoke City gover~iment tO' include our block in the residential zoning change to RS-3. Our block currently has a single family/multi-family housing ratio of 75%. We feel this is a reasonable balance for a viable, stable neighborhood. We would like to hold the ratio at this level. Name(print) Address: Date Name (print) Signature Address: Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Roanoke City Council Regular Agenda Report June 19,2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Raleigh Court Comprehensive Rezoning Additions Background: In January, 2000, Planning Commission recommended approval of a comprehensive rezoning of over 1,000 parcels in the Greater Raleigh Court neighborhood. City Council approved the rezoning in February. During the Planning Commission hearing, several citizens expressed a desire to have their properties included in the rezoning. The initial rezoning recommendation by the Planning Commission was based on stringent planning criteria which resulted in the exclusion of these properties. In response to citizens and the Planning Commission, staff considered four (4) areas as additions to the comprehensive rezoning: 2000 block Laburnum Avenue: 6 parcels on the east side of this block of Laburnum are proposed for rezoning from RM-2 to RS-3. The west side of this street is currently zoned RS-3 and the proposed rezoning will make the zoning consistent on both sides of the street. Land uses: 1 multifamily dwelling (nonconforming) 2 duplexes 2 single-family 1 vacant 2100 block Laburnum Avenue: 8 parcels on the east side of this block are proposed for rezoning from RM-2 to RS-3. The majority of properties are now used for single-family dwellings (88%). The west side of this street is currently zoned RS-3 and the proposed rezoning will make the zoning consistent on both sides of the street. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Land uses: 7 single-family 1 duplex 2000 block Maiden Lane Avenue: 18 parcels on both sides of this block are proposed for rezoning from RM-1 to RS-3. Updated land use information shows that 83% of the parcels are used are single-family. Land uses: 15 single-family 3 duplex 2100 block Westover Avenue: 20 parcels on both sides of this block are proposed for rezoning from RM-1 to RS-3. The majority of uses are single-family (75%). Land uses: 15 single-family 5 duplex The Roanoke Planning Commission held a public hearing on the petition on May 17, 2000. Mrs. Brenda McDaniel, President, Greater Raleigh Court Civic League, spoke in support of the petition on behalf of the civic league board of directors. Mr. Irvin Dunbar (2031 Laburnum Ave.) initially spoke in opposition to the petition because he owned a duplex and felt that he should be able to sell it as a duplex. After learning that the use could be continued, he advised he was no longer in opposition to the zoning change. Mrs. Joseph Austin (2131 Laburnum Ave.) spoke in favor of the petition. Considerations: The rezonings reduce the housing density in these areas and reinforce the existing single family character of these streets, an action recommended in the Greater Raleigh Court Neighborhood Plan, adopted earlier this year as part of the Roanoke Vision, the City's comprehensive plan. Nonconforming uses (11) created by this rezoning will be permitted to remain unless they are discontinued for a period of two years. A nonconforming use also may be rebuilt if damaged by more than 50% by fire or other hazard, in accordance with a recent zoning ordinance amendment enacted by City Council on May 15. Recommendation: By a vote of 7-0, the Planning Commission recommends that City Council approve the rezoning petition. The rezoning of these properties was requested by property owners and residents during the earlier Planning Commission public hearing regarding the mass rezoning in Raleigh Court which was undertaken as recommended in the Greater Raleigh Court Neighborhood Plan, an element of the City's comprehensive plan. Respectfully submitted, Melvin L. Hill, Chairman Roanoke Planning Commission Attachments cc: Darlene Burcham, City Manager James D. Ritchie, Deputy City Manager George C. Snead, Jr., Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA In Re: Rezoning of properties in the southwest quadrant of the City, generally known as the Greater Raleigh Court area, from RM-1, Residential Multifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District. To: The Honorable Mayor and Members of the Council of the City of Roanoke The petitioner, the Roanoke City Planning Commission, pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, requests that the properties set out below be rezoned from RM-1, Residential Multifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single Family District. The purpose of this rezoning request is to supplement the Planning Commission's previous rezoning request of December 10, 1999, to address neighborhood zoning issues identified in the Raleigh Court Neighborhood Plan, adopted on May 17, 1999, as part of the City's comprehensive plan. A map outlining the additional areas proposed to be rezoned is attached to this petition as Exhibit A. Properties to be rezoned are more specifically identified below: Certain properties in the 2000 and the 2100 blocks of Laburnum Avenue, S.W., currently zoned RM-2, Residential Multifamily, Medium Density District, more specifically identified as Official Tax Nos. 1450307, 1450308, 1450309, 1450310, 1450311, 1450312, 1450107, 1450108, 1450109, 1450110, 1450111, 1450112, 1450113, and 1450114, be rezoned to RS-3, Residential Single Family District; Certain properties in the 2000 block of Maiden Lane, S.W., and the 2100 block of Westover Avenue, S.W., currently zoned RM-1, Residential Multifamily, Low Density District, more specifically identified as Official Tax Nos. 1432211, 1432212, 1432213, 1432214, 1432215, 1432216, 1432217, 1432218, 1432219, 1432101, 1432102, 1432103, 1432104, 1432105, 1432106, 1432107, 1432108, 1432109, 1432110, 1431713, -1- 1431714, 1431715, 1431716, 1431717, 1431718, 1431719, 1431720, 1431721, 1431722, 1440307, 1440308, 1440309, 1440310, 1440311, 1440312, 1440313, 1440314, and 1440315, be rezoned to RS-3, Residential Single Family District. The Petitioner believes that the rezoning of the above parcels of land will further the intent and purposes of the City's zoning ordinance, its comprehensive plan, and the Greater Raleigh Court Neighborhood Plan in that it will conserve and enhance the existing residential neighborhood, encourage the maintenance of existing single family homes, and ensure that the zoning reflects the existing and preferred future land use. Wherefore, the Petitioner requests that the above-described properties be rezoned as requested in accordance with the provisions of the zoning ordinance of the City of Roanoke. Attached as Exhibit B is a list of current owners of the above-mentioned properties. Respectfully submitted this 19th day of April, 2000. Respectfully submitted, Melvin L. Hill, Chairman Roanoke City Planning Commission -2- , L-V ±I~IH,,3 ~-V: J_l~] IHX3 PROPERTY OWNER EXHIBIT B Official Tax Property Owner Property Address Number Mailing Address 1450307 John R. Dickinson 2037 Laburnum Avenue, SW 2409 Oregon Avenue, SW Roanoke, VA 24015 1450308 Irvin G. and Margaret W. Dunbar 2031 Laburnum Avenue, SW 2031 Laburnum Avenue, SW Roanoke, VA 24015 1450309 Adren H. R. and Marjorie M. Stiltner2027 Laburnum Avenue, SW 1527 Carrollton Avenue Salem, VA 24153 1450310 Barbara D. Parsons Laburnum Avenue, SW 1450311 2019 Laburnum Avenue, SW 2019 Laburnum Avenue, SW Roanoke, VA 24015 1450312 John B. and Carolyn C. Myers 2015 Laburnum Avenue, SW 2015 Laburnum Avenue, SW Roanoke, VA 24015 1450107 Joseph E. and Christine A. Austin 2131 Laburnum Avenue, SW 2131 Laburnum Avenue, SW Roanoke, VA 24015 1450108 Ann F. Miller 2125 Laburnum Avenue, SW 2125 Laburnum Avenue, SW Roanoke, VA 24015 1450109 Charles J. and Marsha H. Elwell 2123 Laburnum Avenue, SW 2123 Laburnum Avenue, SW Roanoke, VA 24015 1450110 Diane Wiggins 2119 Laburnum Avenue, SW 2119 Laburnum Avenue, SW Roanoke, VA 24015 1450111 Joseph L. and Kathleen Surace 2115 Laburnum Avenue, SW 2115 Laburnum Avenue, SW Roanoke, VA 24015 1450112 Philip and Sara B. Dalton 2109 Laburnum Avenue, SW 2109 Laburnum Avenue, SW Roanoke, VA 24015 1450113 Elizabeth M. and John J. Allen 2105 Laburnum Avenue, SW 2105 Laburnum Avenue, SW Roanoke, VA 24015 1450114 Hunter Boon and Sara Ann Roberts, 2101 Laburnum Avenue, SW Trs. P. O. Box 4339 Roanoke, VA 24015 1432211 Lacy R. Wilhelm, Jr. 2059 Maiden Lane, SW June B. Wilhelm 2059 Maiden Lane, SW Roanoke, VA 24015 1432212 John R. Guilfoyle, III 2051 Maiden Lane, SW Christine Guilfoyle 2051 Maiden Lane, SW Roanoke, VA 24015 1432213 James L. and Marie L. Tyree 2049 Maiden Lane, SW 2049 Maiden Lane, SW Roanoke, VA 24015 1432214 James A. and Lois P. Witten 2045 Maiden Lane, SW 2045 Maiden Lane, SW Roanoke, VA 24015 1432215 Douglas A. And Josephine B. Minnix 2039 Maiden Lane, SW 2039 Maiden Lane, SW Roanoke, VA 24015 1432216 Arthur B. Nunn, Jr. 2033 Maiden Lane, SW Dorothy H. Nunn 2033 Maiden Lane, SW Roanoke, VA 24015 1432217 Jeanne W. Quill 2029 Maiden Lane, SW 1432218 2029 Maiden Lane, SW Roanoke, VA 24015 1440312 2038 Maiden Lane, SW 1440313 2034 Maiden Lane, SW 1432219 James M. and Margaret Snidow 2019 Maiden Lane, SW 2019 Maiden Lane, SW Roanoke, VA 24015 1440307 Cecilie Holmes 2060 Maiden Lane, SW Kristen D. Viar 2060 Maiden Lane, SW Roanoke, VA 24015 1440308 Paul F. and Barbara B. Moore 205 Maiden Lane, SW 2056 Maiden Lane, SW Roanoke, VA 24015 1440309 Shawn T. and Laura M. Holbrook 2050 Maiden Lane, SW 2050 Maiden Lane, SW Roanoke, VA 24015 1440310 Richard L. and Mar[ha W. Hughes 2046 Maiden Lane, SW 2046 Maiden Lane, SW Roanoke, VA 24015 1440311 David T. and Elizabeth J. Blanton 2042 Maiden Lane, SW 2042 Maiden Lane, SW Roanoke, VA 24015 1440314 Joseph H. and Darlene L. Meador 2028 Maiden Lane, SW 2028 Maiden Lane, SW Roanoke, VA 24015 1440315 Abrina Schnurman 2022 Maiden Lane, SW 2022 Maiden Lane, SW Roanoke, VA 24015 1432101 Jerry M. Trammell 2144 Westover Avenue, SW 2146 Westover Avenue, SW Roanoke, VA 24015 1432102 Stuart J. and Evelyn S. Glass 2142 Westover Avenue, SW 4001 Monitor Drive Hampton, VA 23669 1432103 Gary E. and Brenda S. Dogan 2136 Westover Avenue, SW 3110 Meadowwood Road, SW Roanoke, VA 24014 1432104 Robert D. Chappell 2132 Westover Avenue, SW 2812 Shawnee Trail Troutville, VA 24175 1432105 Deborah Stanley Young 2126 Westover Avenue, SW 2126 Westover Avenue, SW Roanoke, VA 24015 1432106 Pieter A. and Myra L. Jager 2122 Westover Avenue, SW 2122 Westover Avenue, SW Roanoke, VA 24015 1432107 Reynold A. and Jean E. Wolfarth 2116 Westover Avenue, SW 2116 Westover Avenue, SW Roanoke, VA 24015 1432108 Ronald and Jamie L. Swann 2112 Westover Avenue, SW 2112 Westover Avenue, SW Roanoke, VA 24015 1432109 George Nelson and Victoria Havens 2106 Westover Avenue, SW 3637 Lake Drive, SW Roanoke, VA 24018 1432110 Michael E. and Deanna M. Zimmer 2102 Westover Avenue, SW 2102 Westover Avenue, SW Roanoke, VA 24015 1431713 Heath A. Jackson 2145 Westover Avenue, SW 2145 Westover Avenue, SW Roanoke, VA 24015 1431714 Michael B. and Shenna Massey 2141 Westover Avenue, SW 2141 Westover Avenue, SW Roanoke, VA 24015 1431715 Richard L. Watkins, Jr. 2137 Westover Avenue, SW 2137 Westover Avenue, SW Roanoke, VA 24015 1431716 Alice G. Burlinson 2131 Westover Avenue, SW 2131 Westover Avenue, SW Roanoke, VA 24015 1431717 William R. Webster 2127 Westover Avenue, SW 2127 Westover Avenue, SW Roanoke, VA 24015 1431718 Glenn D. Elson 2121 Westover Avenue, SW 2121 Westover Avenue, SW Roanoke, VA 24015 1431719 Thomas R. and Sherry W. Cushing 2117 Westover Avenue, SW 502 Woods Avenue, SW Roanoke, VA 24016 1431720 Hammond E. Sower, Jr. 2111 Westover Avenue, SW 2111 Westover Avenue, SW Roanoke, VA 24015 1431721 Deanna M. and Michael E. Zimmer 2107 Westover Avenue, SW 2107 Westover Avenue, SW Roanoke, VA 24015 1431722 James G. Pappas, Jr. 2101 Westover Avenue, SW W. Hope Player 2239 Grandin Road, SW Roanoke, VA 24015 May 10, 2000 Ms. Martha P.Franklin Roanoke City Department of Planning and Community Development Room 166 Municipal Building Roanoke, Va. 24011 Dear Ms. Franklin: I have received your correspondence, dated May 4, 2000 regarding rezoning in the 2100 block of Westover Avenue. I am the owner of the property at 2136-8 Westover Avenue and wish to express that I have no interest in havin~l my 13rol3ertv rezoned. Thank you for considering my wishes, which I have already expressed verbally to Mr. Chittum. I would appreciate receiving any written information you might provide as explanation and motivating factors for the matter at hand. Since. Eely, 3110 Meadowwood Road Roanoke, Va. 24014 ROANOKE CITY PLANNING DEPARTI~ENT ,I ,I ~l.-I ~ LLZ !1~1:1:1,1 !~ l'"; .I;l; I'i i; I':.i,'l ;',': I ;I:'1 Proposed Rezoning ~i "~~ Proposed Rezoning RM-2 to RS-3 I' oO MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 June 9, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Raleigh Court Property Owners Roanoke, Virginia Dear Property Owner: 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, June 19, 2000, at 7:00 p.m., or as soon thereafter as the matter may be he~ard, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S. W., on the request of the City of Roanoke that properties in the southwest quadrant of the City, generally known as the Greater Raleigh Court Area, located in the 2000 and 2100 blocks of Laburnum Avenue, the 2000 block of Maiden Lane, and the 2100 block of Westover Avenue, S. W., be rezoned from RM-1, Residential Mt~ltifamily, Low Density District, and RM-2, Residential Multifamily, Medium Density District, to RS-3, Residential Single-Family District. The City Planning Commission is recommending approval of the abovedescribed request. Please call the City Clerk's Office at 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 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io The Roanoke Times Roanoke, Virginia Affidavit of Publication 10~_'ll~l ~__~Q'~he~%~ r~q u~ Roanoke Times MARY F. PARKER 215 CHURCH AVENUE, ROOM 456 ROANOKE VA 24011 SW, REFERENCE: 80000809 01431495 NOTICE OF PUBLIC HE State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this ~7~-- day of J~ne 2900./~%Wi~es~my/~T~nd and official seal. , Notary Public My commission expires ...... --~~~--I PUBLISHED ON: 06/01 06/08 TOTAL COST: 299.70 FILED ON: ] 06/08/00 ~~~ign~e~~-~ ----9~ ......................... NOlICE OF PUBUC HEARING TO WHOM rr MAY CONCERN: hokJ a Pulgi~ Hesdn~ on Mort. day, June 19, 2000, ~t 7:00 p.m., in the ~ Ctt~mber In Church Avenue, $.W., Rmmoke, Vl~nl~, 24011, off the, quos- tlon of r~onlng ~ followln~ prodetties..' (A) These certain properties In the 2000 and 2100 blocks of laburnum Avenue, S.W., and currency zoned RM-2, Re~d- defltlal Multifmmlly, Medium ca#y IdenSflnd as Ofllcial Ta~ Nos. 1450307, 1450308, 1450309, 1450310, 1450311, 1450312, 1450107, 1450108, 1450109; 1450110, 1450111, 1450112, 14501/3, am] 1450114, be rezormd to RS-3, -Residential Single Fandly Dl~a'ict. (B) Those ce~ain properties in the 2000 block of Maiden Lane, S.W., and the 2100 block of Wastover Avenue, S,W., curroctly zoned RM-1, Residential Multlf&'nlly, Low cally identiSnd as Official Tax Nos. 1432211, 1432212, 1432213, 1432214; 1432215, 1432216, 1432217, 1432218, 1432219, 1432101, 1432102, 1432103, 1432104, 1432105, 1432106, 1432107, 1432108,1432109, 1432110, 1431713, 1431714, 1431715, 1431716, 1431717, 143~1718, 1431719, 1431720, 1431721, 1431722, 144.0307, 1440308, 1440309, 1440310, 1440311, 1440312, 1440313, 1440314, end Residential Single Family ALL PARTIES IN INTEREST AND CrlIZENS MAY APPEAR ON THE ABOVE DAI~ AND BE HEARD ON THE MATTER. A eopy of tN~ iwopo~l Is mail- Office of the City ~ Room 456, Municipal BulkJIng. NI pa~tlas In Interest ~ appear on the above date and he GIVEN under my hand this 1st Mary F. Parker, C~ ~erk. (1431495) 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, June 19, 2000, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia, 24011, on the question ofrezoning the following properties: (A) Those certain properties in the 2000 and 2100 blocks of Labumum Avenue, S.W., and currently zoned RM-2, Residential Multifamily, Medium Density District, more specifically identified as Official Tax Nos. 1450307, 1450308, 1450309, 1450310, 1450311, 1450312, 1450107, 1450108, 1450109, 1450110, 1450111, 1450112, 1450113, and 1450114, be rezoned to RS-3, Residential Single Family District. (B) Those certain properties in the 2000 block of Maiden Lane, S.W., and the 2100 block of Westover Avenue, S.W., currently zoned RM- 1, Residential Multifamily, Low Density District, more specifically identified as Official Tax Nos. 1432211, 1432212, 1432213, 1432214, 1432215, 1432216, 1432217, 1432218, 1432219, 1432101, 1432102, 1432103, 1432104, 1432105, 1432106, 1432107, 1432108,1432109, 1432110, 1431713, 1431714, 1431715, 1431716, 1431717, 1431718, 1431719, 1431720, 1431721, 1431722, 1440307, 1440308, 1440309, 1440310, 1440311, 1440312, 1440313, 1440314, and 1440315, be rezoned to RS-3, Residential Single Family District. All parties in interest and citizens may appear on the above date and be heard on the matter. 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 __ day of ,2000. H:hNOTICELN-Rez-Ral¢ighCourt-6-19-00 Mary F. Parker, City Clerk. MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 26, 2000 File #51 Melvin L. Hill, Chair 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 April 20, 2000, from the Roanoke City Planning Commission, requesting that properties in the southwest quadrant of the City, generally known as the Greater Raleigh Court Area, be rezoned from RM-1, Residential Multifamily District, Low Density District, and RM-2, Residential Multifamily District, Medium Density District, to RS-3, Residential Single-Family District. Sincerely, City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Willard N. Claytor, Director, Real Estate Valuation Evelyn S. Lander, Director of Planning and Code Enforcement Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Chades M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner N :\CKLO 1\REZONING.98~Raleigh Court.wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of R~anoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 3~d day of July, 2000, BROOKE M. PARROTT .was reappointed as a member of the Roanoke Public Library Board for a term ending June 30, 2003. Given under my hand and the Seal of the City of Roanoke this 13th day of July, 2000. City Clerk C:~vlyFiI~JULY3 COI~ WP D MARY E PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 13, 2000 File #110-518 SANDRA H. EAKIN Deputy City Clerk Mr. Harold H. Worrell, Sr. 1909 Carter Road, S. W. Roanoke, Virginia 24015 Mr. Robert O. Gray 1837 Carlton Road, S. W. Roanoke, Virginia 24015 Dear Mr. Worrell and Mr. Gray: At"a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were reappointed as members of the War Memorial Committee for terms ending June 30, 2001. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, lam enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your volunteer service as members of the War Memorial Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Sloan H. Hoopes, Chair, War Memorial Committee, 2023 Maiden Lane, S. W., Roanoke, Virginia 24015 Sandra H. Eakin, Deputy City Clerk C:X/Vly FileaXJULY3CO R. WP D COMMONWEALTH Of VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 3~ day of July, 2000, FRANK W. FEATHER was reappointed as a member of the Human Services Committee for a term ending June 30, 2001. Given under my hand and the Seal of the City of Roanoke this 13th day of July, 2000. City Clerk C:'~VIyFilesk)ULY3 COR. WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF: THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 13, 2000 File #110-237 SANDRA H. EAKIN Deputy City Clerk Ms. Cynthia T. Josephson 196 Oak Drive Blue Ridge, Virginia 24064 Dear Ms. Josephson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were reappointed as a member of the Flood Plain Committee for a term ending June 30, 2001. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your volunteer service as a member of the Flood Plain Committee. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Sandra H. Eakin, Deputy City Clerk Kit B. Kiser, Chair, Flood Plain Committee C:~VIy File~'dUL Y3 COR. WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 13, 2000 File #67-110 Mr. Eddie Wallace, Jr. 3815 Sioux Ridge Road, N. W. Roanoke, Virginia 24017 Dear Mr. Wallace: At a regular meeting of the Council of the City of Roanoke which was heid on Monday, July 3, 2000, you were reappointed as a member of the Mill Mountain Advisory Committee for a term ending June 30, 2001. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your volunteer service as a member of the Mill Mountain Advisory Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Sandra H. Eakin, Deputy City Clerk Wayne Wilcox, Secretary, Mill Mountain Advisory Committee C: ~Vly File~'~UL Y 3 COR. WPD COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 3~ day of July, 2000, EVELYN S. LANDER was reappointed as a member of the Roanoke-Alleghany Regional Commission for a term ending June 30, 2003. 2000. Given under my hand and the Seal of the City of Roanoke this 13th day of July, City Clerk C:',~4y Files',JULY3 COR. WPD MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 13, 2000 File #110-317 SANDRA H. EAKIN Deputy City Clerk Ms. Wanda E. English 741 Arbutus Avenue, S. E. Roanoke, Virginia 24014 Ms. Sabrina T. Law 2460 Grandin Road, S. W. Roanoke, Virginia 24015 Ms. Amy W. Peck 2419 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. English, Ms. Law and Ms. Peck: At a regular meeting of the Council of the City of Roanoke which was held on Monday, July 3, 2000, you were reappointed as members of the Special Events Committee for terms ending June 30, 2001. Pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Virginia Freedom of Information Act. On behalf of the Mayor and Members of City Council, I would like to express appreciation for your volunteer service as members of the Special Events Committee. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Sandra H. Eakin, Deputy City Clerk Estelle H. McCadden, Secretary, Special Events Committee, 2128 Mercer Avenue, N. W., Roanoke, Virginia 24017 Shauna Hudson, Special Events Coordinator C :~ly FiI~',JULY3COR. WP D COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the 3~d day of July, 2000, BOBBY LAVENDER was reappointed as a member of the Board of Fire Appeals for a term ending June 30, 2004. Given under my hand and the Seal of the City of Roanoke this 13th day of July, 2000. City Clerk C: ~ly Files',JULY3 COR. WP D