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HomeMy WebLinkAboutCouncil Actions 04-03-00 Wyatt 34737 R OANO~ CITY CO UNCIL REGULAR SESSION ~lpril 3, 2000 12:15 p. tn. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL Call to Order--Roll Call. All Present. At 12:25 p.m., the meeting was declared in recess to be reconvened in the Emergency Operations Center Conference Room, Room 159, at 12:30 p.m. a. Briefing with regard to Administrative Reorganization. (40 minutes) Received and filed. File #104 bo Briefing with regard to the 10th Street project. Received and filed. File//20 (20 minutes) Co Request of the City Manager for a Closed Meeting to discuss the acquisition and disposition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. (30 minutes) Approved (7-0) ( The Closed Meeting was held as a part of the 2:00 p.m., Council Session.) File #2 At 1:45 p.m, the meeting was declared in recess to be reconvened at 2:00 p.m., in the City Council Chamber. 2 ROANOKE CITY CO UNCIL REGULAR SESSION April 3, 2000 2:00p. m. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order-- Roll Call. All Present. The Invocation was delivered by The Reverend Elizabeth McMaster, Minister, Unitarian Universalist Church of Roanoke. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. 3 NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, April 6, 2000, at 7:00 p.m., and Saturday, April 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: Recognition of the Roanoke City Sheriff's Office for achieving 100 per cent compliance on the Board of Corrections Life, Health and Safety Standards for Jails. File #121 Proclamation declaring the month of April 2000 as Fair Housing Month. File #3-178 Proclamation declaring the week of April 9 - 15 as KOVAR - Knights of Columbus Week. File #3 4 Proclamation declaring the week of April 9 - 15 as National Telecommunicator's Week; and recognizing the Roanoke Public Safety Telecommunicator of the year 2000 in the City's 911 Communications Center. Adopted Resolution No. 34737-040300. (7-0) File #3-5-262 e CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. C-1 A communication from Ann Weinstein, Member, Roanoke Arts Commission, advising of the resignation of Mark Scala as a member of the Commission. RECOMMENDED ACTION: Receive and file the communication and accept File #110-230 the resignation. C-2 Qualification of Peter W. Clapsaddle as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2003. RECOMMENDED ACTION: Receive and file. File #32-110 5 REGULAR AGENDA Selection of persons to be accorded the public interview on Tuesday, April 18, 2000, commencing at 4:30 p.m., for the position of Roanoke City School Board Trustee, for terms commencing July 1, 2000, and ending June 30, 2003. Applicants are: James P. Beatty F. B. Webster Day Marsha W. Ellison Sherman P. Lea William H. Lindsey Gloria P. Manns William E. Skeen All applicants will be interviewed by Council on Tuesday, April 18, 2000, 4:30 p.m., in the City Council Chamber. File #467 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: ao Request to present the Roanoke Regional Airport 2000-01 proposed Operating and Capital Purchase Budget, and proposed capital expenditures. Jacqueline L. Shuck, Executive Director. Adopted Resolution No. 34738-040300. (7-0) File #9-60 bo Request to present a petition on behalf of Yellow Cab Services of Roanoke, Inc., for an increase in taxicab rates presently charged in the City of Roanoke. Richard E. Viar, Attorney, Spokesperson. C. R. Sisson, representing Liberty Cab Co., requested that any increase be technically achievable insofar as programing meters, number of passengers, etc., and that any increase not be exorbitant. The matter was referred to the City Manager for report and recommendation to Council. File #47 Co Request to discuss multi-family housing in the City of Roanoke. Ms. Gloria Dorma, Spokesperson. Deferred until the regular meeting of Council on Monday, April 17, 2000, at 2:00 p.m. 4. PETITIONS AND COMMUNICATIONS: a. (1) A communication from Mayor David A. Bowers with regard to the Mayor's Technology Business Advisory Council. Received and filed. File #531 (2) Briefing with regard to the work of the Mayor's Technology Business Advisory Council and Task Force. Elizabeth S. Doughty, President, The Regional Chamber of Commerce. Received and filed File #531 bo A report of the Commonwealth's Attorney recommending acceptance of a Virginia Exile grant offer from the Department of Criminal Justice Services, in the amount of $92,759.00; and a report of the City Manager concurring in the recommendation. Adopted Ordinance No. 34739-040300 and Resolution No. 34740- 040300. (7-0) File #60-133-236 7 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to the Parks and Recreation Comprehensive Master Plan. (20 minutes) Received and filed. File #67 ITEMS RECOMMENDED FOR ACTION: A report recommending dedication of a public street right-of-way to provide public access for adjoining property owners, in connection with development of the Railside Linear Park. Adopted Resolution No. 34741-040300. (7-0) File #392 o A report recommending acceptance of the bid submitted by Virginia Public Works Equipment Company for the purchase of one new tricycle type street sweeper. Adopted Resolution No. 34742-040300. (7-0) File #183-472 A report recommending an amendment to the Fee Compendium relating to photocopying fees. Adopted Resolution No. 34743-040300. (7-0) File #289 o A report with regard to an agreement with Roanoke County for sharing in the cost of traffic signalization on Airport Road. Adopted Ordinance 34745-040300. (7-0) File #9-20-60-264 No. 34744-040300 and Resolution No. 8 o A report recommending acceptance of a Derelict Structure's Fund Grant from the Virginia Department of Housing and Community Development, and execution of the necessary agreements in connection therewith. Adopted Ordinance 34747-040300. File/t60-178-236 No. 34746-040300 and Resolution No. A report recommending authorization to execute Change Order No. 6 to the City's contract with Alex E. Paris Contracting Co., Inc., in the amount of $457,700.00, in connection with Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B 1 and B2. Adopted Ordinance No. 34748-040300. (7-0) Mr. Hume Powers, 2641 Nottingham Road, S. E., complained about the delays in the opening of Wiley Drive; whereupon, the City Manager was requested to provide Council with a projected date for reopening of Wiley Drive. File #27-67 Council convened in Closed Meeting to discuss the acquisition and disposition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. CERTIFICATION OF CLOSED MEETING: (6-0) (Mayor Bowers left the session during the Closed Meeting.) b. DIRECTOR OF FINANCE: A financial report for the month of February. Received and filed. File #10 9 6. REPORTS OF COMMITTEES: ao A report of the Legislative Committee recommending execution of a contract with Thomas A. Dick, to provide legislative liaison services for the City. Council Member William White, Sr., Chairperson. Adopted Resolution No. 34749-040300. (6-0) File #137 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: ao Ordinance No. 34731, on second reading, permanently vacating, discontinuing and closing a ten foot wide alleyway running parallel with Carver Avenue, N. W., and running adjacent to lots identified as Official Tax Nos. 2041325 - 2041335, inclusive, and 2041341 on the south and property identified as Official Tax Nos. 3070316 and 3070301 on the north, for a distance of approximately 500 feet. Adopted Ordinance No. 34731-040300 on second reading. (6-0) File #514 bo Ordinance No. 34732, on second reading, permanently vacating, discontinuing and closing a certain alley which extends easterly from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet. Adopted Ordinance No. 34732-040300 on second reading. (6-0) File #514 Ordinance No. 34733, on second reading, rezoning a parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N. W., identified as Official Tax No. 6490804, from RS-1, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions. Adopted Ordinance No. 34733-040300 on second reading. (6-0) File #51 l0 do Ordinance No. 34734, on second reading, rezoning a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, from C- 1, Office District, to CN, Neighborhood Commercial District, subject to certain proffered conditions. Adopted Ordinance No. 34734-040300 on second reading. (5-1) (Mayor Bowers was absent and Vice-Mayor Harris voted no.) File//51 eo Ordinance No. 34735, on second reading, authorizing the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property located on Dogwood Lane, S. W., identified by Official Tax No. 1390216, upon certain terms and conditions. Adopted Ordinance No. 34735-040300 on second reading. (6-0) File #27-468 Ordinance No. 34736, on second reading, authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, for the use of a certain City- owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions. Adopted Ordinance No. 34736-040300 on second reading. (6-0) File #165-373-468 go A Resolution changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 17, 2000. Adopted Resolution No. 34750-040300. (6-0) File #132 9. MOTIONS AND MISCELLANEOUS BUSINESS: ao Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Council Member Trout addressed the question of providing a 2.4 per cent cost-of-living increase for City retirees, effective July 1, 2000, which is equivalent to the Social Security increase that was provided on January 1, 2000; whereupon, the matter was referred to the City Manager and the Director of Finance for report during fiscal year 2000-01 budget study. File #60-429 0 It was the consensus of Council that a request of Council Member Swain for a briefing on the Respond System would be referred to the City Manager for response. File #430 e Council Member Wyatt advised that the Roanoke Express Hockey Team won the Northwest Division Championship for the East Coast Hockey League. File #388 e Council Member Wyatt reiterated a previous request for information on consultant's fees in connection with the following: Roanoke Higher Education Center Parks and Recreation Master Plan Jefferson Center/Fitzpatrick Hall/Auditorium Police Building Railside Linear Park Carvins Cove Mill Mountain Development Plan It was the consensus of Council to refer Manager for response. File #5-67-337-392-405-414-468 the matter to the City 12 Council Members Wyatt and Hudson addressed the cost of medical insurance and dental insurance for City retirees and requested that the City Manager and Director of Finance provide Council with a cost estimate of providing the same supplement to retirees as is provided to active City employees. It was the consensus of Council to refer the matter to the City Manager and Director of Finance for report during fiscal year 2000-01 budget study. File #58-184-429 Council Member Swain called attention to the need for a campaign to educate citizens on the consequences of littering and the cost to taxpayers of removing litter; and Council Member Hudson called attention to certain unsightly conditions on the west side of Peters Creek Road to Cove Road, N. W. It was the consensus of Council to refer the matters to the City Manager for response. File #144 bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED, WITHOUT OBJECTION, IMMEDIATELY, FOR ANY NECESSARY AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. 13 Roanoke City Council Regular Agenda Report April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Briefing on Administrative Reorganization Please reserve space on your 12:15 agenda for a Administrative Reorganization. DLB:ca cc: City Attorney Director of Finance City Clerk 40-minute briefing on Respectfully submitted, City Manager CITY MANAGER DEPUTY CITY MANAGER - Public Information Oft'~,er - Environmental Manager - Tourism and Cultural Activities and Agencies DEPARTMENT OF ECONOMIC DEVELOPMENT ASSISTANT CITY MANAGER FOR ASSISTANT CITY MANAGER FOR : ASSISTANT CITY MANAGER FOR OPERATIONS COMMUNITY DEVELOPMENT ORGANIZATIONAL SUPPORT . . ......................................................................................................................................... DEPARTMENT OF PLANNING AND CODE DEPARTMENT OF MANAGEMENT AND DEPARTMENT OF UTILmE8 ENFORCEMENT BUDGET - Water - Planning - Grants Compliance - Sewer - Citizen Sewice Center Utility Line Sewices - Code Enforcement *-- DEPARTMENT OF PARKS AND RECREATIO DEPARTMENT OF HUMAN RESOURCE8 DEPARTMENT OF FIRE/EMS - Naturei Resources - Occupational Health - Parks and Facililies - Risk Management - Recreation ................................................................... DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF TECHNOLOGY DEPARTMENT OF PUBUC WORKS - Emergency Communications Center - Streets and Traffic - Social Services - Radio Systems Maintenance - Engineering - Youth Sewices . Information Systems - Solid Waste Management and Recycling ................................................................................. ' ........................................................... DEPARTMENT OF POUCE DEPARTMENT OF GENERAL SERVICE8 DEPARTMENT OF CMC FAClUTIES - Building Services - V'~ory Stadium - Fleet Management - Civic Center - Purchasing DEPARTMENT OF BUILDING INSPECTIONS GOVERNOR & GENERAL .I~EMBLY JUVENILE & DOMESTIC RB..ATION8 COURT COURT CLERK COURT SERVICE~ CITY OF ROANOKE, VIRGINIA ORGANIZATIONAL CHART CITIZENS CIRCUIT I COURT t ELECTORAL IBOARD BOARD OF I EQUALiZATiON ATTORNEY I [ I CLERK I OF FINANCE VALUAllON I IBIUJNQ~ & COL.L.ECTtON~= I I MUNICIPAL ~UD~lINQ I JAIL I STAFF/OTHER FUNC'nON~ CULTURAL SERVICES COMIdlTTEE DEVELOINaENT __,.__ M~NA~EMENT & BUDGET FtRF./EM8 I DEPARTMENT DEPARTMENT MANAOEMENT I SERVICES FUND DIRECTORHUMAN OF I DEV~EHT (~MMUNI'T~ EDUGA'TION CENTER HUMAN ~RV~ COMMITTEE [UB~RIE~ JUVENILE DETENTION HOME OUTFIF. ACH STAI~.A.OCAL I HO~PITAL.IZ. ATION YOUIH I I OF UTlUllES & PUBLIC WORK~ OPERA~/ION~ IBUIL~NQ MNNI~NNICE FUND FLEET MAN~QEMENT FUND ~OUD WASTE MANAGEkENT (~IK)UND~ I RIND IMIN'I~NANOE RECYCUN~ CITY MARKET ~ ~NGINEERINQ I [ ~NOW REMOVAL,~LSTREET LI~HTINQI Roanoke City Council Regular Agenda Report April 3, 2000 CITY CLEf7 !;-i ,~.~: ! '00 H~tR 27 P3:38 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Tenth Street Project Please reserve space on your 12:15 p.m., agenda for a 45 minute briefing regarding the above subject. Respectfully submitted, City Manager CC: City Clerk City Attorney Director of Finance Acting Director of Public Works '00 ttA?, 29 P 3:01 April 3, 2000 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for closed meeting Dear Mayor Bowers and Council Members: This is to request that City Council convene a closed meeting to discuss the acquisition and disposition of real property for a public purpose, where discussion in open meeting would adversely affect the bargaining position or negotiating strategy of the City, pursuant to §2.1-344.A.3, Code of Virginia (1950), as amended. Sincerely, City Manager DLB/f cc: City Attorney Director of Finance Director of Public Safety City Clerk RECEIVED CITY "' Interdepartmental Communication DATE: TO: FROM: SUBJECT: March 21, 2000 Mayor Bowers and Members of City Council c/o Mary Parker, City Clerk Sheriff George M. McMillan ~ Life, Health, & Safety Standards for Jails The Roanoke City Sheriff's Office has been awarded a certificate from the Department of Corrections for achieving 100% compliance on Board of Corrections Life, Health, & Safety Standards for Jails. Just for your information, I am attaching a copy of the certificate recognizing the Sheriff's Office for this achievement. GMM/tmw Attachment cc: Darlene Burcham, City Manager COMMONWEALTH OF VIRGINIA DEPARTMENT OF CORRECTIONS : RECOGNIZES CITY OF~:ROANOKE SHERIFF'S OFFICE FOR A CHIE VING 100% COMPLIANCE ON BOARD OF CORRECTIONS LIFE, HEALTH, & SAFETY:STANDARDS FOR JAILS CHIE~ OPERATIONS, LOCAL FACILITIES UNIT DECEMBER 8, 1999 MANAGER, LO~AL ~NIT Given under our hands and the Seal of the City of Roanoke this third day of April in the year two thousand. WtIERF~S, the Congress of the United States passed the Civil Rights Act of1968, and Title VIII declared that the law of the land would now guarantee the rights of equal housing opportunity; and WHEREAS, WHEREAS, the City of Roanoke has provided a fair housing program for its residents, and today many realty companies and associations support fair housing laws; and in the year 2000, the United States Department of Housing and Urban Development will carry out a full range of activities in recognition of the anniversary of the Federal Fair Housing Act of 1968 and the anniversary of the Federal Fair Housing Amendments Act of 1988 by sponsoring and conducting a year long campaign in celebration commencing in April 2000, and ending with Fair Housing Month 2001; and WHEREAS, equal housing opportunity is a condition of life in the City of R'oanoke that can and should be achieved, and all citizens are encouraged to abide by the letter and spirit of the Fair Housing Law. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim the month of April, 2000, throughout this great All-America City, as FAIR HOUSING MONTH. ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor Given under our hands and the Seal of the City of Roanoke this third day of April in the year two thousand. WHEREAS, in 1971, KOVAR (Knights of Virginia Assistance For Retardation), a Knights of Columbus charity, was established in the Commonwealth of Virginia to accomplish the Orders' charitable work on behalf of the mentally retarded; and WHEJtEAS, KOVAR is dedicated to providingfinancial aid to mentally retarded citizens and to their families and to improving their quality of life, regardless of race, creed or ethnic background; and WHEREAS, the primary fund raising activity for KOVAR in the Roanoke Valley in 2000 will take place on the weekends of April 14-15 and Apri128- 29, at which time Roanoke Knights of Columbus Council 562 will offer Tootsie Roll candy in front of stores and other public places and collect donations from generous patrons; and WHEREAS, to date, southwest Virginia has received in excess of $75 million, and each year the monies collected from this fund drive are distributed for worthwhile causes by the KOVAR Board of Directors, and all volunteer work of the KOVAR Board of Directors and Knights of Columbus members is provided without financial remuneration. NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, do hereby proclaim April 9 - 15, 2000, throughout this great All-America City, as KOVAR WEEK. ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34737-040300. A RESOLUTION recognizing Sharon F. McGhee as Roanoke Public Safety Telecommunicator of the Year 2000 in the City's E-911 Communications Center. WHEREAS, the Director of Public Safety had instituted a program to recognize the services and contributions of an outstanding member of the E-911 Communications Center by designating an Employee of the Year; and WHEREAS, the selection of the employee of the year coincides with the observance of National Public Safety Telecommunications Week, the second week of April; and WHEREAS, Sharon F. McGhee is a Public Safety Telecommunicator who, since her employment by the City in 1979, has demonstrated a magnificent ability to provide emergency responses to the citizens of Roanoke; and WHEREAS, Ms. McGhee has taken her job responsibilities very seriously and goes the extra mile to make sure that all calls for assistance are handled in a professional and expedient manner; and WHEREAS, Ms. McGhee has been selected as Public Safety Telecommunicator of the Year 2000; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this means of recognizing and commending the excellent services rendered to the City by Sharon F. McGhee, Public Safety Telecommunicator. H:hMEASURE S~'-communi. 1 2. The City Clerk is directed to forward an attested copy of this resolution to Sharon F. McGhee. ATTEST: City Clerk. H :kMEAS URESh'-co mmuni. 1 Roanoke City Council Regular Agenda Report April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: National Telecommunications Week Please reserve space on your agenda for presentation of a proclamation by the Mayor in recognition of National Communications Week. City Manager CC: City Clerk City Attorney Director of Finance Director of Public Safety Given under our hands and the Seal of the City of Roanoke this third day of April in the year two thousand. WHEREAS, emergencies can occur at any time, and the prompt response of police officers, firefighters and paramedics is critical to the protection of life and the preservation of property; and WHEREAS, the safety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Roanoke City Communications Center; and WHEREAS, Public Safety Dispatchers are the first and the most critical contact our citizens have with emergency services, and they are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them with information and insuring their safety; and Public Safety Telecommunicators of the Roanoke City E-911 Center have contributed substantially to the apprehension of criminals, suppression of fires and treatment of patients, and each dispatcher has exhibited compassion, understanding andprofessionalism during the performance of their job. NOVe, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke, Virginia, in honor of the men and women whose diligence and professionalism keep our City and our citizens safe, do hereby proclaim the week of April 9 - 15, 2000, throughout this great All-America City, as NATIONAL TELECOMMUNICA TOR '$ tVEEK. ATTEST: Mary F. Parker City Clerk David A. Bowers Mayor Roanoke Arts Commission 215 Church Avenue, S. W., Room 456 540-853.2541 March 23, 2000 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: The Members of the Roanoke Arts Commission wish to recognize the achievements of Mark Scala in his devoted service to the Commission and the City of Roanoke. Before recently transferring to Nashville, Mr. Scala served as Vice-Chair of the Commission; as a member of the nominating committee; and as a liaison member to the Mill Mountain Sculpture Project and the Linear Rail Walk Project. In addition, he was deeply involved in many other aspects of the Commission. As Chief Curator of the Art Museum of Western Virginia, he applied his judgement, insights, and analytical skills; his wide, specific and stringent knowledge to all his work for the Commission. Mr. Scala will be missed. Sincerely, An:lo Ann Weinstein, Member Roanoke Arts Commission 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 April 6, 2000 File #32-110 SANDRA H. EAKIN Deputy City Clerk Harry F. Collins, Sr., Chair New Construction Code, Board of Appeals 6003 Northway Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Collins: This is to advise you that on March 22, 2000, Peter W. Clapsaddle qualified as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2003. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Patti Hanes, Secretary, New Construction Code, Board of Appeals Sandra H. Eakin, Deputy City Clerk C:WlyFilesXapril3.wpd RECE~V£D °- Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Peter W. Clapsaddle, 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 New Construction Code, Board of Appeals, for a term ending September 30, 2003, according to the best of my ability. (So help me God.) Subscribed and sworn to before me this c~.~, day of ]"~d'/2000. ARTHUR B. CRUSH, III, CLERK ~"~ .~_ ~ ~/.z"//L-'''), DEPUTY CLERK C:~vlyFilc~\fcb7.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 April 6, 2000 File #9-60 Jacqueline L. Shuck, Executive Director Roanoke Regional Airport Commission 5202 Aviation Drive, N. W. Roanoke, Virginia 24012-1148 Dear Ms. Shuck: I am enclosing copy of Resolution No. 34738-040300 approving the Roanoke Regional Airport Commission's 2000-01 proposed operating and capital budget, 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, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc~. Arthur M. Whittaker, Chair, Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 Mark A. Williams, General Counsel, Roanoke Regional Airport Commission, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012-1148 Mary H. Allen, Clerk, Board of Supervisors, Roanoke County, 5204 Bernard Drive, S. W., Roanoke, Virginia 24018 C:WlyFiles\april3.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr£1, 2000. No. 34738-040300. A RESOLUTION approving the Roanoke Regional Airport Commission's 2000-2001 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended by the General Assembly of Virginia, Chapter 385, 1996 Acts of Assembly, and the Roanoke Regional Airport Commission Contract dated January 28," 1987, as amended by First Amendment, dated December 6, 1996, the City of Roanoke hereby approves the Airport Commission's 2000-2001 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Commission to this Council, dated March 15, 2000. ATTEST: City Clerk. Roanoke Regional Airport Commission 5~.,'2 Aviation Drive Roanoke, Virginia 24012-1148 (540) 362-1999 FAX (540) 563-4838 ~ECE!VEO '00 20 P2:47 March 15, 2000 Honorable Mayor and Members Roanoke City Council 215 Church Avenue, SW Roanoke, Virginia 24011 Re: Roanoke Regional Airport Commission Fiscal Year 2000- 2001 Budget and Proposed Capital Expenditures Dear Mayor Bowers and Members of Council: In accordance with the requirements of the Roanoke Regional Airport Commission Act, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, submitted for your approval is the Airport Commission's 2000-2001 proposed Operating and Capital Purchase Budget (Attachment I), as well as a separate listing of a proposed capital expenditure (Attachment II) which is expected to exceed $100,000 and is intended to benefit five or more future accounting periods. This budget was adopted by the Commission at its March 15, 2000 meeting. The Commission has been advised by bond counsel that formal approval of the budget by resolution of each of the participating political subdivisions would be appropriate. The capital expenditure list also requires formal approval. I will be pleased to respond to any questions or comments that you may have with regard to this matter. On behalf of the Commission, thank you very much for your help and cooperation. Jacqueline L. Shuck Executive Director Enclosures cc: Chairman and Members, Roanoke Regional Airport Commission Mark Allan Williams, General Counsel, Roanoke Regional William Hackworth, Roanoke City Attorney Mary F. Parker, Clerk, Roanoke City Council csp031500 Comra\00councn.ltr Airport Commission 03-Mar-00 ATTACHMENT I ROANOKE RE,(~IONAL AIRPORT ~OMMI~51ON FOR YEAR 2000-2001 BUDGET CommBudg2000-2001 1999-2000 Budgeted 2000-2001 Budgeted EXPENSE BUDGET Expenditures Expenditures 1. Operations and Maintenance Expenses A. Salaries, Wages and Benefits $2,087,306 $2,253,499 B. Operating Expenditures 2,131,024 2,240,175 C. Other Maintenance Projects 171,300 93,500 Total Operations and Maintenance 4,389,630 4,587,174 2. Non-Operating Expenses A. Interest 284,234 241,309 B. Debt Service 429,032 485,272 Total Non-Operating 713,266 726,581 3. Capital Expenses A. Capital Projects and Purchases 147,200 162,050 B. Multi -Year Projects 226,256 196,256 Total Capital Expenses 373,456 358,306 Total Budgeted Expenditures $5,476,352 $5,672,061 1999-2000 Budgeted 2000-2001 Projected REVENUE PROJECTIONS Revenues Revenues 1. Operating Revenues A. Airfield $1,087,638 $1,103,989 B. General Aviation 135,161 138,644 C. Terminal Related 4,010,267 3,921,899 D. Other Revenues 310,447 182,144 Total Projected Operating Revenues 5,543,513 5,346,676 2. Non-Operating Revenues A. Interest from Debt Service 35,000 40,000 B. Interest on Investments 390,000 480,000 Total Projected Non-Operating Revenues 425,000 520,000 Total Projected Revenue $5,968,513 $5,866,676 ATTACHMENT II Proposed Capital Expenditures (For projects expected to exceed $100,000 in cost and intended to benefit five or more accounting periods) I. Projects A. Rehabilitate Runway 6/24 Description: Overlay Runway 6/24, replace all lighting and construct paved shoulders. 2. Justification: Runway 6/24 was last paved approximately twenty-five years ago. It is now beginning to exhibit accelerated wear, and needs to be repaired and overlaid. In addition, it would be prudent to pave the area (shoulders) around the edgelight located along the sides of the runway in order to greatly reduce the effort needed to mow the grass around the edgelights and to assist snow removal operations. Estimated Cost: B. Relocate Taxiway E: 1. Description: Relocate Taxiway E between Runway 15/33 and Runway ' 6/24. 2. Justification: Taxiway E was constructed at a diagonal to Runway 6/24 rather than at a right angle. As a result, taxiing aircraft are required to hold at quite some distance from the approach end of Runway 6 before moving forward for take-off. This results in delays, and frequently in pilot confusion. Relocating Taxiway E at the same time the Runway 6/24 rehabilitation project is underway will result in less disruption to aviation users, and will f~x a potential safety problem. Estimated Cost: $3,500,000 C. Construct Additional Parking Spaces in Overflow Lot Description: Construct approximately 100 additional parking spaces and install collection booths in the overflow parking lot. 2. Justification: In anticipation of the temporary loss of a significant number of parking spaces during construction of a parking deck over the long-term lot beginning approximately 2002, it is desirable to add approximately 100 parking spaces to the 350 space overflow lot. It is also time to add ticket booths and parking fee collection equipment. Estimated Cost: $200,000 II. Anticipated Funding Sources: Federal AlP Grant Funds State Aviation Grant Funds Commission Funds City and County Funds Estimated Total Projects Funding $9,450,000 1,050,000 200,000 -0- $10,700,000 csp/shared/00Cap.Proj. of oanok MARY H. ALLEN, CMC CLERK TO THE BOARD Internet E-Mail: mallen(~www.co.roanoke.va.us P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 (540) 772-2005 FAX (540) 772-2193 '00 AP? 17 P2:34 BRENDA J. HOLTON DEPUTY CLERK Internet E-Mail: bholton@www.co.roanoke.va.us April 12, 2000 Ms. Jacqueline L. Shuck Executive Director Roanoke Regional Airport 5202 Aviation Drive Roanoke, VA 24012-1148 Dear Ms. Shuck: Attached is a copy of Resolution 041100-3 approving the Roanoke Regional Airport Commission Budget for FY 2000-2001. This resolution was adopted by the Board of Supervisors at their meeting on Tuesday, April 11,2000. If you need further information, please do not hesitate to contact me. Sincerely, Mary h. Allen, CMC/AAE Roanoke County Board of Supervisors Attachment cc: Diane D. Hyatt, Director, Finance Paul M. Mahoney, County Attorney Arthur Whittaker, Chairman, Roanoke Regional Airport Commission Mary F. Parker, Clerk, Roanoke City Council Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission Recycled Paper AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION CENTER, TUESDAY, APRIL 11, 2000 RESOLUTION 041100-3 APPROVING THE ROANOKE REGIONAL AIRPORT COMMISSION BUDGET FOR FY2000-2001, UPON CERTAIN TERMS AND CONDITIONS WHEREAS, Section 24.B of the Roanoke Regional Airport Commission Act and Section 17.(a) of the contract between the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission provide that the Commission shall prepare and submit its operating budget for the forthcoming fiscal year to the Board of Supervisors of the County and City Council of the City; and WHEREAS, by report dated March 15, 2000, a copy of which is on file in the office of the Clerk to the Board, the Executive Director of the Roanoke Regional Airport Commission has submitted a request that the County approve the FY 2000-2001 budget of the Roanoke Regional Airport Commission. THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia that the FY 2000-2001 budget and proposed capital expenditures for the Roanoke Regional Airport Commission as set forth in the March 15, 2000, report of the Commission Executive Director, a copy of which is incorporated by reference herein, is hereby APPROVED, and the County Administrator and the Clerk are authorized to execute and attest, respectively, on behalf of the County, any documentation, in form approved by the County Attorney, necessary to evidence said approval. On motion of Supervisor Minnix to adopt the resolution, and carried by the following recorded vote: AYES: Supervisors Johnson, Minnix, Church, Nickens, McNamara NAYS: None A COPY TESTE: CC; Mary H. Allen, CMC/AAE Clerk to the Board of Supervisors File Diane D. Hyatt, Director, Finance Jacqueline L. Shuck, Executive Director, RRAC Arthur Whittaker, Chairman, RRAC Paul M. Mahoney, County Attorney Mary F. Parker, Clerk, Roanoke City Council 2 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File fl-47 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of a petition from Yellow Cab Services of Roanoke, Inc., requesting an increase in taxicab rates presently charged in the City of Roanoke, which petition was before the Council of the City of Roanoke at a regular meeting on Monday, April 3, 2000. C. R. Sisson, representing Liberty Cab Co., requested that any increase be technically achievable insofar as programing meters, number of passengers, etc., and that any increase not be exorbitant. On motion, duly seconded and unanimously adopted, the matter was referred to you for report and recommendation to Council. Sincerely, Ma/~~ F. P~arker,~C~~~ City Clerk MFP:Io pc: Richard E. Viar, Attorney, P. O. Box 1371, Roanoke, Virginia 24007 C. R. Sisson, Liberty Cab. Co., 301 First Street, S. W., Roanoke, Virginia 24011 C:kMyFiles'tap~il3. wlxl TELEPHONE (540) 345-0426 RICHARD E. VIAR ATTORNEY AT LAW VALLEY BANK E~UILDING, SUITE 306 406 FIRST STREET, S.W. POST OFFICE BOX 1371 ROANOKE, VIRGINIA 24007 '00 HAP 24 I0:23 TELEFAX (540) 342-3788 March 24, 2000 Mrs. Mary F. Parker City Clerk Municipal Building 215 Church Avenue Roanoke, Virginia 24011 RE: Yellow Cab Services of Roanoke, Inc. Petition for Rate Increase Dear Mrs. Parker: On behalf of my client, Yellow Cab Services of Roanoke, Inc., I am enclosing herewith a petition to City Council for an increase in the taxicab rates presently charged in Roanoke. I will appreciate your filing this petition and placing it on the agenda for City Council's next meeting. Thanking you for your cooperation, I am Sincerely yours, ~c~hard ¢ V~'t'~ E. Viar REV/mw Enclosures cc: Messrs. William & Stephen Roberts RICHARD E. VIAR ATTORNEY AT LAW ROANOKE, VA PETITION '00 24 ,qI0:23 TO THE COUNCIL OF THE CITY OF ROANOKE Yellow Cab Services of Roanoke, Inc., hereby respectfully petitions the Council for an adjustment in rates for taxicab service and for-hire automobiles in the City of Roanoke, which rates are regulated by Council under Section 34-130 of the Code of the City of Roanoke (1979), as amended. There has been no increase in taxicab fares for nine years. Because of continuing and substantial increases in the cost of doing business, your petitioner is compelled to petition Council for an adjustment in the rates for service. The proposed new rates represent an approximate seventeen percent (17%) increase over present rates, and are required if the cab company is to partially offset increased costs of doing business which have been experienced since Council last allowed an increase by ordinance adopted October 15, 1990. The increased costs are dramatic: wages (office and garage) are.up 120% over 1990 wages; repair costs are up 100%; the cost of new taxicabs has increased 100%; the cost of radios and taximeters are up 30%; and other costs are commensurately higher. With low unemployment in the Roanoke Valley, it is becoming increasingly difficult to obtain competent, responsible drivers. The requested increase will provide higher earnings to this traditionally underpaid segment of the work force. The requested increases are as follows: (1) An increase in the initial distance rate from $1.60 (1/7 mile) to $1.90 (1/8 mile or fraction thereof), and from 20 cents for each additional 1/7 mile to 20 cents for each additional 1/8 mile (or fraction thereof). Since the average trip in Roanoke presently costs $4.20 (2 miles), the average increase in fare will be 70 cents per trip, an increase of 17%; (2) An increase in waiting time from 20 cents per minute of waiting time to 20 cents for each 40 seconds of waiting time, or $18.00 an hour. No increase is requested for additional persons. RICHARD E. VIAR ATTORNEY AT LAW ROANOKE, VA March 24, 2000 Taxicab service in Roanoke is provided by Yellow Cab (35 to 40 cabs) Liberty Cab Company (15 to 18 cabs) and Northwest Cab Company (1 cab). These companies have continued to meet adequately the public's need for taxicab services in the City of Roanoke, but cannot continue to do so unless the proposed rate increases are granted. The proposed increase in rates is in line with those proposed or in effect in major cities in Virginia and throughout the nation. It should be noted that many cities levy extra charges not found in Roanoke (e.g., for packages, laundry, night service, etc.) It should be further noted that the taxicab industry is not subsidized in any manner whatsoever by any governmental agency, at any level. It is respectfully requested that the Council grant the request of this petition as expeditiously as possible. Respectfully submitted, YELLOW CAB SERVICES OF ROANOKE INC. By Richard K Viar, its attorney RICHARD E. VIAR ATTORNEY AT LAW ROANOKE. VA ATTACHMENT A PRESENT TAXICAB RATES IN ROANOKE (SINCE OCT. 1990): $2.80 1 mile 4.20 2 miles 5.60 3 miles 7.00 4 miles proposed Taxicab Rate Percentage Increase Over Present Rates $3.30 1 mile 17.86% 4.90 2 miles 16.67% 6.50 3 miles 16.07% 8.10 4 miles 15.71% Average Taxicab Trip in Roanoke: Distance: 2 miles Present Cost: $4.20 Proposed new cost: $4.90 Percentage increase over present cost: 16.67% RICHARD E. VIAR ATTORNEY AT LAW ROANOKE, VA ATTACHMENT B YELLOW CAB SERVICES OF ROANOKE INC. Increase in Costs of Operation (since October, 1990) % of Increase Wages (garage and office) 120 % Repair costs 100% Taxicab (new vehicles) 100% Miscellaneous (radios, taximeters, etc.) 30% March 24, 2000 Sandra H. Eakin Deputy City Clerk Roanoke, Virginia Dear Ms. Eakin: I would like to address City Council at the 2:00 p.m. session of Council on Monday, April 3, 2000, with regard to an extension of the presentation I made in October, 1999. Sincerely, Gloria Dorma 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 March 29, 2000 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Re: Mayor's Technology Business Advisory Council Dear Ms. Wyatt and Gentlemen: One of my favorite responsibilities as Mayor has been to convene people and get them to come together to discuss an issue or project of importance to the future of our great City. Following discussions late last year with several business leaders, I realized that the City of Roanoke needed to understand and represent technology businesses, a growing part of our national economy, in a better way. Although, we have had success over the years under the leadership of Jim Trout, Brian Wishneff and Phil Sparks, in bringing new businesses and industry (and many new jobs) to our area, I became impressed with those in technology related businesses who said that we need to do more to be competitive in this sector, as well. You will see from the enclosed correspondence dated February 1, 2000 and March 15, 2000, that an informal group of business, government, school, civic and banking leaders have gathered on two occasions to discuss the City's role in promoting technology businesses. This all started out as a very informal process, but quickly has gained momentum and will shortly need some additional structure and advice from other groups, such as Councilman Trout and the Economic Development Commission. In fact, I have already communicated with Mr. Trout my wish to invite members of that group to our next informal meeting on May 12, 2000, at the Business Incubator in Wasena. This is a very exciting new venture for our City government, and, more importantly, for the business sector in the Roanoke Valley. Accordingly, I have asked that Beth Doughty, President of the Roanoke Regional Chamber of Commerce, gather a working group of about 10 others to bring to City Council ideas regarding a more formal structure of this group, and to prioritize the issues and concerns which technology business leaders in the Valley believe we should address. Members, Roanoke City Council Re: Mayor's Technology Business Advisory Council Page 2 Accordingly, I would respectfully request that this letter be placed on the Council Agenda for April 3, 2000, under "Petitions and ' ' ,, Communications and thereafter hear a presentation by Beth Doughty, and perhaps others, regarding this new and exciting public/private partnership. DAB: jsj Sincerely, David A. Bowers Mayor pc: Beth Doughty, CEO, President, The Roanoke Regional Chamber of Commerce, 212 South Jefferson Street, Roanoke, Virginia 24011- 1702 E-mail to Members, Mayor's Technology Business Advisory Council DAVID A. BOSVERS 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 March 15, 2000 MAYOR'S TECHNOLOGY BUSINESS ADVISORY COUNCIL David Barudin Rita Bishop Ron Blum Darlene Burcham David Bowers Nic Conte Warner Dalhouse Beth Doughty E. Doyle Edgerton Russ Ellis Greg Feldmann Craig Fifer Dennis G. Fisher Heywood Fralin Amitava Gupta E. Wayne Harris Leon P. Harris Don Harrison Bonz Hart Bill Haugen Leigh Huff Lisa Ison Joyce Johnson Ken Kennedy Cynthia Lawrence Robert C. Lawson William Leaman Sunder Malkani W. F. (Bill Mason Patrick McHugh Tom McKeon Ed Mitchell Hope Player Phillip Sparks Joe Tatum Elaine Turtle Dave Watts Brian Wishneff Dear Ladies and Gentlemen: We had a terrific lunch sponsored by Bonz Hart and the Meridium company at the Patrick Henry Hotel on Friday, March 10, 2000. It was well attended and, for the second time, we had an interesting and lively discussion about the need to promote a network of technology businesses in Roanoke. Our thanks to Bonz and his company for hosting the event. I was especially pleased that Hope Player and Lisa Ison from the New Century Venture Center joined us to learn more about our efforts and how we can coordinate start-up technology businesses with our area's business incubator. Also in attendance was Elaine Tuttle,representing the New Century Technology Council, and I am pleased to note our Roanoke based efforts will complement regional efforts to promote the technology industry throughout the Roanoke Valley as well as the New River Valley. Included herewith is a list of all persons now on our mailing list, including those who have been in attendance at the January 25, 2000, and/or March 10, 2000, luncheons. Also included herewith is a hard copy of the presentation made by Bonz Hart at the Patrick Henry on Friday. If anyone would like to have a copy of the "minutes" from the January 25, 2000, meeting, please call my secretary and we will send those to you, also. With regards to our March l0th meeting, here are a few items which we discussed: Technology business start-up tax incentives; Faster Internet connections; Broadband development for Roanoke; Mayor's Technology Business Advisory Council March 10, 2000 Meeting Page 2 Incubator incentives for technology start-up companies, including fixed rent, a phase-2 incubator, etc. A recruiting position within the local business community (Chamber of Commerce, Economic Development Partnership or City Economic Development Office) to contact technology students at Va. Tech, UVA and other area colleges; Hosting a luncheon for computer science department professors from Va. Tech and other area colleges; Establishment of a Roanoke area low-risk capital investment fund, perhaps guaranteed to some degree by the government. Fortunately, we now have the following ten volunteers who have agreed to join together as a "working committee,, to begin to bring some structure to the Roanoke area organization and identify the priorities of what needs to be done by local government and local businesses: Leigh Huff Lisa Ison Bonz Hart Beth Doughty Darlene Burcham Bill Mason Doyle Edgerton Russ Ellis Ron Blum Brian Wishneff I will ask that Beth Doughty coordinate a meeting of this group sometime within the next thirty days. Please note that our next Mayor's Advisory Council is scheduled for Friday, May 12, 2000, at 12:15 p.m. at the Business Incubator, New Century Venture Center, 1354 Eighth Street, S. W., in Wasena. Please let us know if you need directions as the site is just off Main Street, 2-3 blocks south of Wasena Bridge. Also remember that the New Century Technology Council dinner is scheduled for Wednesday, April 19, 2000, at the Hotel Roanoke, 6:00 p.m. Please contact them directly for more information. I hope that you will continue to join us and I look forward to seeing you again on May 12. Sincerely, a~vid~ A. Bowers Mayor DAB:jj DAV~ A. BOWERS Mayor Greg Feldmann Leigh Huff Joe Tatum Leon Harris Ron Blum Sunder Malkani Wayne Harris Rita Bishop Darlene Burcham CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-244~ FAX: (540) 853-1145 February 1, 2000 Bob Lawson Warner Dalhouse Beth Doughty Tom McKeon Brian Wishneff Bonz Hart Doyle Edgerton Craig Fifer Cynthia Lawrence Dear Ladies and Gentlemen: Thank you for joining me at the Hotel Roanoke on Tuesday, January 25, 2000, for our first informal get-together of technology business leaders and civic representatives in Roanoke. I was pleased by the response and fascinated by some of the comments and suggestions made during the discussion period. I thought I might share with you some of my notes regarding our discussion: ECONOMIC DEVELOPMENT CHIEF: The City of Roanoke will soon have a new Economic Development Chief in place; IDENTIFY TECHNO. BUSINESSES: The City needs to identify the names and number of technology related companies in our community, and the number of employees working and types of jobs that often need to be filled; TECHNOLOGY FAIR: It might be helpful to have an annual "Technology Fair" to help businesses promote their services and provide further information to the community about the technology companies here in Roanoke, as well as providing an opportunity for venture capital consultants and job-seekers in the technology industry; STUDENT INTERNSHIPS; We need to have student internships between our high school students and Roanoke's technology companies; Dr. Wayne Harris, our School Superintendent, was interested in promoting this idea; he will also follow up with a letter to recent graduates inviting them to come back to Roanoke to live after their graduation from college; HIGHER EDUCATION CENTER: Dr. Tom McKeon of the Higher Education Center (in the old Norfolk Southern building on Jefferson Street) has suggested that our activities center around his facility and operations, and I think that is a good idea, when that Center opens later this year; Technologies Luncheon February 1, 2000 Page 2 OC3: Doyle Edgerton of RevNet suggested that we need to link Roanoke ASAP with an 0C3 broadband to connect with Mae-East in Northern Virginia; this is like connecting an interstate to another interstate; START-UP INCUBATOR: Probably the most significant impression I had from the meeting came from Dr. Ron Blum and others regarding the need for us to promote "start-up companies"; Dr. Blum talked about the E-Hatchery in Atlanta that provides financial, business plans and other incentives and assistance for start-up .com companies which are being created once each month in that area; ~ believe that it was Sunder Malkani who echoed Dr. Blum's comments that "high-tech companies will not move here, but they will grow here; We need to establish a technology incubator or "E Start-up,, center to provide a location for these start-up efforts and in an effort to create a "virtual" silicon valley in Roanoke; MENTORING.. It was mentioned that we should have a mentoring program between our more established technology businesses and new start-up technology companies just coming on line; NEW CENTURY TECHNO. COUNCIb: The New Century Technology Council, headed by Ray Pethtel, is a regional effort including Blacksburg and Roanoke businesses; however, it appears that the focus is on Blacksburg, so I am pleased that we are going forward with this initiative which can complement the regional effort; By the way, the NCTC Annual Awards dinner is April 19, 2000, at 6:00 p.m. at the Hotel Roanoke; PUBLIC PERCEPTION: Cynthia Lawrence spoke about the need to create a better public perception in Roanoke regarding the marketing of the Valley as a technology center and a place with a high quality of life for technology businesses; she indicated that The Roanoker magazine is creating a list of technology related businesses in our area; GOVERNMENT FINANCIAL AID~ There was discussion about government's role in providing financial assistance to start up intelligence/technology businesses just as we now provide financial assistance to build roads and extend utilities to new industry; NEXT MEETINg~ Bonz Hart of Meridium agreed to host our next meeting and I would like to suggest that we arrange for that on Friday, March 10, 2000, at 12:15 p.m. at Technologies Luncheon February 1, 2000 Page 3 Meridium's office in the First Union Tower, or perhaps at a training room on another floor of the Tower; please mark this date, location and time on your calendar. Finally, please find a list of the participants at the January 25 luncheon. If you would like to suggest adding other names, please let my secretary know. Also attached are letters from Greg Feldmann and Tom McKeon for your review. Thank you once again for your participation. I hope to see you for another informal discussion on Friday, March 10, at 12:15 p.m. Please call the Mayor's office at 853-2444 by March 3rd, to confirm your attendance. Sincerely, David A. Bowers Mayor DAB:jj Enclosure pc: Nic Conte, Patrick McHugh, Ami Gupta, Elaine Tuttle, Russ Ellis, Dennis Fisher, Heywood Fralin, Phil Sparks, Don Harris MRR-23-O0 THU 10:08 AH THE REGIONAL CHAMBER FAX NO, 5409830723 P, 01/01 March 22, 2000 Mrs. Mary Parker City Clerk City of Roanoke 215 Church Avenue Roanoke, VA 24011 ROANOKE REGIONAL CHAMBER OF COMMERCE Dear Mrs. Parker: At the Mayor's rcquest~ I would like to address Roanoke City Council on April 3 to brief council members on the work of the Mayor's Tcclmology Business Advisory Council and the task force I am chairing. Beth Doughty President M~'2~-2~ 10:10 P.01 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #60-133-236 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34739-040300 amending and reordaining certain sections of the 1999-2000 General and Grant Fund Appropriations, providing for appropriation of $103,066.00, in connection with acceptance of a Virginia Exile grant offer from the Department of Criminal Justice Services. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, p~ Mary F. r, CMC City Clerk MFP:Io Attachment pc: Dadene L. Burcham, City Manager Donald S. Caldwell, Commonwealth's Attorney C:~.~y Files~pril3 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2000. No. 34739-040300. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 General and Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 General and Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Fund Nondepartmental Transfers to Other Funds (1) .............................. $ 63,577,672 62,620,590 Revenue Fines and Forfeitures $ Circuit Court Collection Fees (2) ........................... Grant Fund ADoro~riations Judicial Administration $ Exile Grant (3-18) ....................................... Revenue Judicial Administration $ Exile Grant (19-20) ...................................... 957,807 32,307 592,058 103,066 592,058 103,066 1) Transfer to Grant Fund 2) Circuit Court Collection Fees 3) Regular Employee Wages 4) Overtime Wages 5) Temporary Employee Wages 6) ICMA - Retirement 7) FICA 8) Medical Insurance 9) Dental Insurance 10) Disability Insurance 11 ) Advertising 12) Telephone 13) Administrative Supplies 14) Local Mileage 15) Project Supplies 16) Equipment Rental 17) Other Rental 18) Equipment 19) Exile Grant - State 20) Exile Grant - Local (001-004-9310-9535) (001-020-1234-0405) (035-026-5139-1002) (035-026-5139-1003) $10,307 10,307 52,016 9,000 (035-026-5139-1004) 10,558 (035-026-5139-1115) 4,682 (035-026-5139-1120) 5,475 (035-026-5139-1125) 1,908 (035-026-5139-1126) 185 (035-026-5139-1131 ) 125 (035-026-5139-2015) 5,000 (035-026-5139-2020) 347 (035-026-5139-2030) 1,200 (035-026-5139-2046) 3,320 (035-026-5139-3005) 1,080 (035-026-5139-3070) 170 (035-026-5139-3075) 6,000 (035-026-5139-9015) 2,000 (035-026-5139-5139) 92,759 (035-026-5139-5140) 10,307 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #60-133-236 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34740-040300 accepting the Virginia Exile Grant offer, in the amount of $92,759.00, made to the City by the Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Donald S. Caldwell, Commonwealth's Attorney C:kMyFiles'~13 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34740-040300. A RESOLUTION accepting the Virginia Exile Grant offer made to the City by the Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Department of Criminal Justice Services of the Virginia Exile grant in the amount of $92,759, such grant being more particularly described in the report of the City Manager, dated April 3, 2000, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager and the Cit~ Clerk, are hereby authorized to execute, seal and attest, respectively, the grant agreement and all necessary documents required to accept the grant, including any documents providing for indemnification by the City that may be required for the City's acceptance of this grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice in connection with the City's acceptance of this grant. ATTEST: City Clerk. ~ECE~YEG £:ITY C!.~-~!~:! ]~I~ '~ 'tlCl H~R 30 ~11:28 Roanoke, Virginia April 3, 2000 #00-600 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council Subject: Acceptance of Virginia Exile Grant I concur with the recommendation from the Commonwealth's Attorney with respect to the subject referenced above and recommend that City Council accept the Department of Criminal Justice Services' Virginia Exile Grant in the amount of $92,759 and that the City provide $10,307 as the local cash match. Respectfully submitted, City Manager CC: Commonwealth Attorney City Attorney City Clerk Director of Finance Roanoke City Council Regular Agenda Report April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: VIRGINIA EXILE GRANT Background: The Department of Criminal Justice Services (DCJS) has awarded the City of Roanoke a grant in the amount of $92,759 for the year 2000. The Grant for VIRGINIA EXILE would provide the City of Roanoke with additional funding resources to enhance prosecution efforts to combat the violent gun carriers in the City. The EXILE Grant coincides with the implementation of new state laws which set minimum mandatory sentences for convicted felons who possess guns, individuals who possess guns while possessing drugs, and people who bring guns on to school property with the intent to use them. The City of Roanoke would use the funds to target those who illegally possess and use firearms and to reduce the number of violent firearms crimes in the City of Roanoke. This goal will be achieved through a unified effort of prosecution, law enforcement, and a public awareness campaign. VIRGINIA EXILE funding will continue at least through 2002. Annual to-application for funding will be required. VIRGINIA EXILE in the City of Roanoke would fund the hiring of a dedicated prosecutor, and a part-time administrative assistant. Additionally, the funds would allow for police to conduct gun check points, and allow for a computer system to track gun offenses from the time of arrest to the time of final disposition of the matter. Considerations: Grant requires a cash match. To fully implement the VIRGINIA EXILE campaign in the City of Roanoke, the City would provide local match funds of $10,307 from the City's portion of excess revenue generated by the City of Roanoke's Commonwealth's Attorney's Cost Collections Unit. Recommended Action(s): Adopt a resolution accepting the 2000 DCJS funds and authorizing the City Manager to execute the requisite Grant Agreement, Funding Approval, and any other forms required by DCJS on behalf of the City in order to accept such funds, said Agreement and forms to be approved as to form by the City Attorney. Appropriate $103,066.00 as shown in attachment 1 to accounts in the Grant Fund established by the Director of Finance and in Mayor David A. Bowers Members of City Council Page 2 April 3, 2000 accordance with State grant requirements and establish a grant fund revenue estimate. Increase General Fund revenue estimate in account 001-020-1234-0405 by $10,307.00 and increase the expenditure estimate in Transfer to Grant Fund account, 001-004-9310- 9535, by $10,307 to fund the local match. Attach me nt: 1 pc: City Manager City Attorney Director of Finance Commonwealth's Attorney Respectfully submitted, Roanoke City Commonwealth Attorney #00-600 Attachment 1 Program Accounts 1002 1003 1004 1115 1120 1125 1126 1131 2015 2020 2030 2046 3005 3070 3075 9015 TOTAL Regular Employee Salaries Overtime Wages Temporary Employee Wages ICMA- Retirement FICA Medical Insurance Dental Insurance Disability Insurance Advertising Telephone Administrative Supplies Local Mileage Project Supplies Equipment Rental Other Rental Equipment $52,016 9,000 10,558 4,682 5,475 1,908 185 125 5,O00 347 1,200 3,320 1,080 170 6,000 2,000 $103,066 Roanoke City Council Regular Agenda Report April 3, 2000 '00 t~ 24 A 9:51 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Parks & Recreation Comprehensive Master Plan Please reserve space on your 2:00 p.m., agenda for a 20 minute briefing regarding the above subject. Respectfully submitted, Darlene L. Burcha~ City Manager CC; City Clerk City Attorney Director of Finance Acting Director of Public Works Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #392 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34741-040300 authorizing execution of a plat of subdivision and any other documents necessary to provide for the dedication as public right-of-way of a 15,256 square foot area situated north of Norfolk Avenue, S. W., between South Jefferson Street and Second Street. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Willard N. Claytor, Director, Real Estate Valuation Charles M. Hufflne, City Engineer Sara E. Fitton, Engineering Coordinator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34741-040300. A RESOLUTION authorizing execution of a plat of subdivision and any other documents necessary to provide for the dedication as public right-of-way ofa 15,256 square foot area situated north of Norfolk Avenue, S. W., between South Jefferson Street and Second Street, S. W. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to execute a plat of subdivision and any other documents necessary to provide for the dedication as a public right-of-way a 15,256 square foot area identified on a certain plat entitled "Plat of Survey Showing the Subdivision of Property (16,801 s.f.) of the City of Roanoke" prepared by R. H. McDearmon, Jr., Land Surveyor, which plat also creates certain residual lots of the remaining property being subdivided, which lots are intended to be conveyed to the owners of the property abutting them,' in accordance with the recommendation contained in a report of the City Manager to City Council dated April 3, 2000. ATTEST: City Clerk. H:VMEASURES~r-subrailside Roanoke City Council Regular Agenda Report April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia '00 t~ 29 p3:01 Dear Mayor and Members of Council: Subject: Railside Linear Park - Dedication of Right-of-Way Background: Property located adjacent to the tracks of Norfolk Southern Railway Company between Second Street and South Jefferson Street was acquired by the City from the Norfolk Southern Railway Company for the development of the Railside Linear Park. Approximately 15,256 s.f. of the property needs to be dedicated as public street right-of- way to permit public access to existing loading docks on the warehouse buildings. See Attachments #1 and #2. The remaining city property located between the proposed public street and existing buildings needs to be subdivided, creating eight new lots as shown on Attachment #1, in a manner to permit future conveyance to adjoining property owners, since the City has no need for this property. Considerations: Dedication of this right-of-way will provide public access for the adjoining property owners, which needs to be assured prior to the construction of the final phase of Railside Linear Park. Recommended Action(s): Authorize the City Manager to execute the appropriate documents, in a form approved by the City Attorney, subdividing and creating eight new lots, and dedicating city property to public street purposes. City Manager Attachments: 2 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\railside.row.wpd #00-323 / / L 1010301 IMILWAY 1MI M 1477 1MI M 14~! j ~ 133 )gXW~UC IM' 101O303 M-A~f'JT'Sf'W 127.2! 3 ~T*O~r I 3 oro~Y I 3 ~roL, Y 3 I I ~ 10~ I I I I 127 ~ I~ ~ J JJJ ~ J fl7 ~ 113 ~ I / % NO~FOLK AVENUE, -J___l___j___j____ AVENUE, ~.W. i f ! I I I JF'I~T I I I m z -d I I 44' It/y/ I I I I I I I I .L I I I I I I I i I I C~ 31 P~ 374 J~NfL~ 1475 VENUE, 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 April 10, 2000 File #183-472 W. Andrew Wicker, Sales Representative Virginia Public Works Equipment Co. 2100 Loumour Avenue Richmond, Virginia 23230 Dear Mr. Wicker: I am enclosing copy of Resolution No. 34742-040300 accepting the bid of Virginia Public Works Equipment Co., in the amount of $88,849.00, for the purchase of one new tricycle type street sweeper, upon certain terms and conditions; and rejecting all other bids made to the City for such equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Dadene L. Burcham, City Manager James D. Gdsso, Director of Finance Robert K. Bengtson, Acting Director, Public Works D. Darwin Roupe, Manager, Supply Management James A. McClung, Manager, Fleet Management C:XMyFilesXapdl3.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 SANDRA H. EAKIN Deputy City Clerk April 10, 2000 File #183-472 J. B. Colley, President Richmond Machinery & Equipment Co., Inc. 1701 Roseneath Road Richmond, Virginia 23230 Gentlemen: William L. Alley, President MSC Equipment, Inc. P. O. Box 6627 Richmond, Virginia 23230 I am enclosing copy of Resolution No. 34742-040300 accepting the bid of Virginia Public Works Equipment Co., in the amount of $88,849.00, for the purchase of one new tricycle type street sweeper, upon certain terms and conditions; and rejecting all other bids made to the City for such equipment. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed equipment. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure C:~yFileshapril3.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34742-040300. A RESOLUTION accepting the bid of Virginia Public Works Equipment Company, for the purchase of one new tricycle type street sweeper, upon certain terms and conditions; and rejecting all other bids made for such items. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The bid submitted by Virginia Public Works Equipment Company, to furnish one new tricycle type street sweeper at a total cost of $88,849 is hereby ACCEPTED. 2. The City's Manager of Supply Management is hereby authorized to issue any required purchase order for the purchase of such equipment, and the City Manager is authorized to execute, for and on behalf of the City, any required purchase agreement with respect to the aforesaid equipment, such documents to be in form approved by the City Attorney. 3. Any and all other bids made to the City for the aforesaid item are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: H:\ORD-GENSO-Bid-St, eetSweeper4.3.00 City Clerk. Roanoke City Council Regular Agenda Report ir- ~ ~ECE!N r~D ti'IT'f" ~ '~' ~:C'~ '00 I~I~R 29 P3:01 April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Background: Subject: Purchase of Tricycle Type Street Sweeper Bid No. 00-2-44 Capital Maintenance and Equipment Replacement Program (CMERP) identified the need to replace a street sweeper in Parks & Grounds Department. The unit to be replaced is an older unit which is expensive to repair and has extensive downtime. Considerations: Three (3) bids were received. The lowest bid and the second lowest bid both took substantial exceptions to the required specifications which cannot be waived as informalities. The third lowest bid, submitted by Virginia Public Works Equipment Company of Richmond, Virginia, meets all required specifications for a total cost of $88,849.00. Funding is available in Fleet Management account #017-052-2642-9015. Recommended Action: Authorize the issuance of a purchase order for one (1) tricycle type street sweeper from Virginia Public Works Equipment Company for a total cost of $88,849.00 and reject all other bids. Respectfully s u b m itted,%¢.~._..._ r~obert K Ben~ D. Darwin Roupe I concur in the recommendation of the bid committee and recommend it to you for approval. CC: City Clerk City Attorney Director of Finance Manager, Supply Management City Manager #00-321 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #289 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34743-040300 amending the City's Fee Compendium to comply with the Code of Virginia in imposing fees for accessing, duplicating, supplying, or searching for requested public records. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance C: ~My Fil~'~oril3. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34743-040300. A RESOLUTION amending the City's Fee Compendium to comply with the Code of Virginia in imposing fees for accessing, duplicating, supplying, or searching for requested public records. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for accessing, duplicating, supplying or searching for requested public records, in compliance with Section 2.1-342.F of the Code $.05 per impression If staff time is required to search/research public records, an additional charge may be applied based on the hourly rate of pay, including fringe benefits, of the individual City employee(s) conducting the search. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees for photocopying requested public records and search/research time. of Virginia (1950), as amended: Copy Charge: Research/Staff Time Charge: 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fees .established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect immediately. ATTEST: City Clerk. H:'~IEASURES~r-phot o fee. 1 Roanoke City Council Regular Agenda Report '00 HAR 27 P3:39 April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Fee Compendium - Photocopy Fee Background: On April 7, 1986, City Council adopted Resolution No. 28075 as part of the City's Fee Compendium, allowing City departments to assess a fee for personal photocopies provided to the public. The assessed fee approved was $.50 per copy if the copy was made by a City employee, and $.25 per copy if the copy was made by the requesting individual. These fees normally included reasonable staff time and remain in place today. In 1999, the Virginia General Assembly amended Section 2.1-342.F. of the Code of Virginia (as amended), entitled "Virginia Freedom of Information Act" states, in part: "... A public body may make reasonable charges for its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records. No public body shall impose any extraneous, intermediary or surplus fees or expenses to recoup the general costs associated with creating or maintaining records or transacting the general business of the public body. Any duplicating fee charged by a public body shall not exceed the actual cost of duplication. The public body may also make a reasonable charge for cost incurred in supplying documents produced from a geographic information system at the request of anyone other than the owner of the land that is the subject of the request. However, such charges shall not exceed the actual cost to the public body in supplying such records ..." The Management Services Department is responsible for overseeing centralized photocopying activities for the City. Based on the current billing rate for copies made for internal use by City departments, the cost to provide photocopies is $.05 per impression. This rate, however, does not include charges for any applicable search and/or computer time, as copying equipment is made available for use by all the City departments and agencies. Honorable David A. Bowers, Mayor, and Members of City Council Page 2 Recommended Action(s): To comply with the Code of Virginia in imposing fees for accessing, duplicating, supplying, or searching for requested public records, it is recommended that City Council approve the rate change for personal photocopies provided to the public and amend the Fee Compendium as follows: Copy Charge: $.05 per impression Research/Staff Time Charge: If staff time is required to search/research public records, an additional charge may be applied based on the hourly rate of pay, including fringe benefits, of the individual City employee(s) conducting the search. Darlene L. Burcham City Manager C: City Clerk City Attorney Director of Finance #00-09 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #9-20-60-264 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34744-040300 amending and reordaining certain sections of the 1999-2000 Capital Projects Fund Appropriations, providing for transfer of $175,000.00 and appropriation of $175,000.00 as provided by Roanoke County, in connection with an agreement with Roanoke County for sharing in the cost of traffic signalization on Airport Road. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, ~~ Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager Robert K. Bengtson, Acting Director, Public Works C: kMy Filesk%oril3. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2000. No. 34744-040300. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 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 1999-2000 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: AooropHation_~ Streets and Bridges Second Street/Gainsboro Road (1) $ Traffic Engineering Airport Road Traffic Signals (2-3) $ Revenue 24,934,244 6,613,427 4,132,737 350,000 Due from Other Governments (4) ............................... $ 1) Appropriated from General Revenue 2) Appropriated from General Revenue 3) Appropriated from Third Party 4) Due from Roanoke County (008-052-9547-9003) (008-052-9577-9003) (008-052-9577-9004) (008-1230) $ (175,000) 175,000 175,000 175,000 175,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #9-20-60-264 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34745-040300 endorsing the City of Roanoke's participation with the County of Roanoke in sharing the actual cost of two new traffic signals on Airport Road, N. W., and authorizing the appropriate City officials to enter into the requisite agreement with the County of Roanoke. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Mary H. Allen, Clerk, Board of Supervisors, Roanoke County, Roanoke County Administration Center, 5204 Bernard Drive, S. W., Roanoke, Virginia 24018 James D. Grisso, Director of Finance Robert K. Bengtson, Acting Director, Public Works C:~dyFileskapril3. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr±l, 2000. No. 34745-040300. A RESOLUTION endorsing Roanoke's participation with the County of Roanoke sharing the actual cost of two (2) new traffic signals on Airport Road, N.W., within Roanoke, and authorizing the appropriate Roanoke officials to enter into the requisite agreement with the County of Roanoke, upon certain terms and conditions. WHEREAS, Roanoke is prepared to install two (2) new traffic signals on Airport Road, N.W., at its intersections with Municipal Road and Towne Square Boulevard, N.W., which will benefit Roanoke and the County of Roanoke; and WHEREAS, the County of Roanoke is willing to fund fifty percent (50%) of the actual cost of the new traffic signals at these locations, up to a total actual cost of $420,000. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses Roanoke's participation with the County of Roanoke in sharing the actual cost of two (2) new traffic signals on Airport Road, N.W., at its intersections with Municipal Road and Town Square Boulevard, N.W., and authorizes the appropriate City officials to enter into an agreement with the County of Roanoke, upon form approved by the City Attorney, and upon such terms and conditions as set out in the report to this Council dated April 3, 2000. ATTEST: H:XlLESh~.-Endorse-Signal-City.CoumyAgrce. Aiu~ortRd..4.3.00 City Clerk. Roanoke City Council Regular Agenda Report April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: City/County Share in Cost of New Traffic Signals Background: The intersections of Airport Road at Towne Square Boulevard and Airport Road at Municipal Drive, N. W., have been on the City's list for future traffic signalization for several years. While both have met the warrants for signalization, neither were ranked high enough to make the list of intersections funded from the latest bond referendum. They currently rank 2nd and 8th respectively on the pending list of new traffic signals. Advance Auto Parts, Inc., has been working with Roanoke County concerning expansion of its existing facility in the county on the east side of Airport Road. The county approached our staff concerning the need for signalization at the two intersections noted above. This mutual interest has led to an offer by the county to fund 50 percent of the $350,000 total estimated cost to signalize these two locations. Funding sources have been identified to provide our share of $175,000. City would handle all design and construction activities and then obtain 50 percent reimbursement from the county. It should be noted that these sources do not include funds previously established for new traffic signals in the latest bond referendum. Considerations: Authorization needs to be given to the City Manager to execute the attached City/County agreement. Funding for the City's $175,000 share is available in the Second Street/Gainsboro Road Account No. 008-052-9547-9003, and needs to be transferred to a new capital projects account entitled, "Airport Road Traffic Signals." An appropriation and an accounts receivable in the amount of $175,000 also needs to be established for funding to be provided by the county. Roanoke County has agreed to an upper limit of $420,000 (total project cost), above which any additional funds needed would entail further negotiations between the City and the County. Engineering services for signal design can be accomplished by amending the existing contract with Mattern & Craig, P.C., in the amount of $35,000. Page 2 Recommended Actions: Approve the attached ordinance to authorize the City Manager to execute an agreement with the County of Roanoke for sharing in the cost of traffic signalization on Airport Road, and to amend a professional services agreement with Mattern & Craig, P.C., for traffic signal design. Approve the attached budget ordinance to transfer $175,000 in funding to a new account for this project, and to appropriate $175,000 as provided by Roanoke County. Respectfully submitted, Darlene L. Burcham City Manager Attachment CC; City Clerk City Attorney Director of Finance Director of Public Works #00-122 AGREEMENT THIS AGREEMENT is made this ~ day of December, 1999, between the CITY OF ROANOKE, VIRGINIA (the "City"), "County"). and the COUNTY OF ROANOKE, VIRGINIA (the WITNESSETH: WHEREAS, the City and the County desire to install traffic signals at the intersections of Airport Road and Towne Square Boulevard, and Airport Road and Municipal Drive, N.W. (the "Traffic Signals"); .and, WHEREAS, the City is willing to design, construct and install the Traffic Signals; and, WHEREAS, the City and the County each have agreed to pay fifty percent (50%) of the actual cost of the traffic signal design, construction and installation, and such agreement has been authorized by the governing body of the County as evidenced by its resolution attached hereto as Exhibit A. NOW, THEREFORE, the City and the County agree as follows: 1. The City shall be responsible for the design, construction and installation of traffic signals at the intersections of Airport Road and Towne Square Boulevard, and Airport Road and Municipal Drive, N.W. (the "Traffic Signals') and shall use reasonable efforts to complete the same by April 15, 2001. 2. Advance Auto Parts, Inc. ("Advance Auto") has executed a Performance Agreement with the County to share with the County the cost of designing, constructing and installing the Traffic Signals, and a copy of the Performance Agreement is attached hereto as Exhibit B. In addition, and as part of the Performance Agreement, Advance Auto has agreed to dedicate to the County or the City, as applicable, drainage or other easements or fights-of-way, if any, needed for the "Traffic Improvements", or for the City of Roanoke's drainage project and road improvements along Airport Road, at no cost to the County; provided, however, that the granting of such easements or rights-of- way shall be at no cost whatsoever to the Company. The Grantee (the City or the County) of such easements shall be responsible for all costs in connection therewith, including recording costs, if any, required by the granting of such easements and/or fights-of-way; provided, however, that the Company shall not be responsible for any such costs. 3. Upon the Traffic Signals, or either of them, becoming functional, the City shall be responsible for the maintenance of the Traffic Signals, or either of them. In addition, upon the Traffic Signals, or either of them, becoming functional, the City will bill the County for its expenses in the cost of designing, constructing and installing the Traffic Signals, and the County shall reimburse the City fifty percent (50%) of the actual cost of the design, construction and installation of the Traffic Signals within thirty (30) days of receipt of the bill from the City. Said cost shall include the cost of acquiring any right-of-way by the City. The total cost of the project is estimated to be $350,000, and is not anticipated to exceed a total cost of $420,000.00. Any costs to the County exceeding $210,000.00 (the County's 50% share of the total estimated cost) shall be subject to future appropriation by the Board of Supervisors of Roanoke County. 4. The City agrees to use reasonable efforts to ensure that all mounts spent on this project are reasonable and competitive. IN WITNESS WHEREOF, the City and the County have executed this Agreement as of the date first above written: ATTEST: Mary F. Parker, City Clerk CITY OF ROANOKE, VIRGINIA By. Its App,royed~ to Form: V~lckie [7. Huffq/~"(/ Assistant COun'~ Attorney By COUNTY OF ROANOKE, VIRGINIA Elmer C. Hodge ~ ' County Administrator Approved as to Form: Approved as to Execution: Assistant City Attorney for City of Roanoke Assistant City Attorney For City of Roanoke A-091499-3 Item No. ~"--- .-~ AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE COUNTY~ ROANOKE COUNTY ADMINISTRATION CENTEK, 5204 BERNARD DR_rVE, SW., ROANOKE COUNTY, VIKGINIA ON TUESDAY, MEETING DATE: AGENDA ITEM: September 14, 1999 Kequest for approval of an economic development performance agreement to expand Advance Store headquarters operation and appropriation of $641,500. COUNTY ADMINISTRATOR'S COMMENTS: Recom. mend Approval. This is great news and cause for celebration/This represents the expansion of a major headquarters operation. The expansion of the County's tax base and increased employment opportunities for our citizens. With the acquisition of Western Auto by Advance, the Roanoke Valley stood to lose these jobs and tax base if the consolidated headquarters moved to Kansas City. We are delighted to have this take place here. Advance has recently advised that they may relocate additional · functions to this new facility from their downtown Roanoke City office. If so, this will generate even more tax revenue for the County. We are grateful to the .Advance Stores staff and the State of Virginia for their help in making this successful. I also wish to thank the Board of Supervisors, the Planning Commission and Joyce Waugh as well. EXECU'ITVE SUMMARY: Staff has been working with the Industrial Developmental Authority (IDA) and Advance Stores, Inc. on a performance agreement which includes funds for road and traffic signal improvements on Airport Koad, site work, and match for a Community Development Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial District. Signals and intersection improvements will be shared 50/50' with the City of Koanoke, with a separate agreement being worked out for this purpose. Over half of the funds would be administered through the County with the remaining funds adrnini stered through the IDA for other project related costs. Advance Auto is cortstmcting a 100,000 square foot expansion of their present headquarters as result or a recent acquisition of Western Auto Stores. Advance estimates an $8-$10 million investment and the hiring of 200 full time jobs at an annual average salary of $35,000. This is in addition to retaining an existing 400jobs already at this location. The additional, largely clerical positions, will support their ex ~anded 1700 retail store operation in the U.S. In addition, Roanoke County has applied for a $700,000 Community Development Block Grant (CDBG) based on the 200jobs being made available to low and moderate income level people. The grant is to correct a long standing drainage problem in the Boxley Hills neighborhood and allow the 17.11 acre tract ofland located behind Advance to be developed. As part of the County's 10% grant match, detailed engineering services will be paid from the County's $641,500 incentive funds. Staff requests that the Board of Supervisors authorize the County Administrator to execute a performance agreement the with IDA and Advance to provide $641,500 towards the costs of road and traffic signal improvements on Airport Road, site work, and CDBG match, on a form approved by the County Attorney. A total of $641,500 in tax revenue would be returned to the County over a five year time period beginning one year a/ter occupancy of their expanded building in 2001. FISCAL IMPACT Funds are requested in the amount of $641,500 for this project. These funds can be appropriated from the County Capital Fund as follows: $414,850 from remaining budgets of completed economic development projects, and $226,650 from the Capital Fund Unappropriated Balance. The return on the County's investment through the IDA would be achieved from new real estate, personal property, and sales and use taxes within a five year time period beginning one yekr after occupancy of their expanded facility in 2001. Completion of the performance agreement and this project are contingent upon obtaining a $700,000CDBG grant, applied for by the County. Koanoke County has also requested $500,000 in Governor's Opportunity Funds, which would leverage the County's funds, if granted. ALTERNATIVES Approve the economic development performance agreement to expand Advance Stores headquarters operation and appropriate $641,500, and authorize the County Administrator to execute a performance agreement with the IDA and Advance Stores, Inc. for the funding of road and traffic signal improvements on Airport K°ad, site work, and detailed engineering (10% required match) for a Community Development Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial District on a form approved by the County Attorney. 2. Take no action at this time. STAFF RECOMMENDATION Staff recommends that the Board of Supervisors approve Alternative 1 authorizing the County Administrator to execute a performance agreement with the IDA and Advance Stores, Inc. for the funding of road and traffic signal improvements on Airport Road, site work, and detailed engineering (10% required match) for a Community Development Block Grant for Boxley Hills drainage improvements in the Hollins Magisterial District.on a form. approved by the County Attorney, and appropriate the fauds as outlined in the fiscal impact statement. Respectfully submitted: _.~st. Director of Economic Development Approved: County Administrator Approved (x)' Denied ( )' Received ( ) Referred ( ) To ( ) ACTION Motion by: Bob L. Johnson to approve _agreement and 'approPriation VOTE No Yes Abs Johnson x Harrison x McNamara x Minnix x Nickens x CC: File Joyce Waugh, Assistant. Director, Economic Development Paul M Mahoney, County Attorney Diane D. Hyatt, Director, Finance 03/23/00 THU 09:20 FAX 540 772 2030 RKE CO ECON DE¥ 001 PEK, ...... ~E AGREEMENT · This Performance AIP~nt (this "Asreement"), madc and e~tered into this 24th day of No~'mber, 1999, b~ and between the ROANOKE COUNTY BOARD OF SUPER.VISORS (the "County"); the INDUSTRIAL DEVELOPMENT AUTHORrrY OF ROANOI~ COl ADVANC£'STORES COlVlPANY, "Company"). ~ITY, VIRGINIA (the 'Authority'); and INCORPORATED, a V'al~is corporation (the  IESSETH WHEREAS, the Roat~oke County Board of Supervisors and the Industrial Development Authority c encout~e the economic developme t Roanoke County, Virginia, desire to promot~ and ~t and vitality of Roanoke County and the neat of new industry and thc cxpansion of existln.a efforts of the County and the Autht.rity and nnticipates substantially expanding its cmtm~te s_dmlnistrative offices in,he Airport Road ares of Roanoke County (herei-~i~r referred to as the ...[,... ~; and Roanoke Valley through the recruil business and employment opportm~es for the citize~ o~the Roanoke Valley, in order to provide for increased emp~yment and corporate 'mvesunent in Roanoke County; and WHE~, the Con'party desires to support the economic development 03/23/00 ~ 09:20 FA~ ,54,0 772 2030 WHE~S, the C, RHE CO ECON DEV ' , worked with the Company to r~zone a 17. I 1 acre tract of lnnd now owned ~ the Company, identified as Roanoke County Tax Map No. 3~.14-1-$ (the "ComPly Property"); and WHEREAS, the Company holds a leasehold interest in an 8.~6 acre tract of land adjacent to the CompaW Property identified as Roanoke County Tax Map No. 38.14-14 (the "LeaseA Property"), and the Company pla-, to construct the Project upon both the Leased Pr0p~ ~ and the Company Property (the "Site'S. NOW, THEREFORE ~in consideration of the mutual promises, covenants and obligations herein ~ being sufficient consideration for e~ and agree as follows: i I. ~iued, which the parties hcrcto acknowledge as feting into this Agreement, the parties covenant Incentive Funding '~ A. The County shall appropriate the sum of ~:~1,500 as an incentive package for the Company to undertbke the Project (the "Incentive Funds"). The Incentive Funds shall be allocated by thc county for expenditure in furtherance of thc Project in the following order of priorities: 1. $700000, ~s a cai 10% contribution to a $700,000 CDBG Oraut, to aasist in the correction of a drabs.' c problem in the area of Sierra Drive md Santa Anita Drive adjacent to the. Site, which drainage problems must be corrected prior to thc completion of ~he Project. _ ! :,mty applied for and was awarded a Community Development Block Grant in the a~nount of $700,000 ("CDBO") to be used to ~]002 03/23/00 THU 09:20 FAX 540 772 2030 RKE C0 ECON DE¥ ~003 improve the storm drainage system and related infrastru~ for thc purpose of d/retting m-off water.away from a portion of thc ar=a adjacent to the Site that connects to Sierra and Santa Anita Drives (the "DrAinage Project"), as more psxticulsrly identified iu the CDBG. ITh¢CDBG requires that the County contribute 10% of the $?00,000 CDBG, or 7,, .~-~, for engineering and/or related Dr~i-agc Project expenses. The County shall bse the CDBG funds sol¢ly for the pl~nnin~ construction and completion of the Drainage Project and shall progress with the Drainage Project in a manner and ~me period such that it shall not delay conslructiou of any aspects of the Project as set forth in the Company's construction schedule for the Project, a copy of which is attached hereto as Exhibit A. 2. Approximately $175,000 towards public improvements, including tr~..ffic sigwliTa,tion and/or related road construction, tO improve tr~f-6c flow on Airport Road in the vicinity of fl~e Company's exislin~ adminiswafive offices aud the Project. ~ a. Pursuant to the terms of its written agr~.-ment with the City o£ ROanoke attaghed hereto as Exhibit B (the "City-County Agreement"), the County shill pay up to flair peroent (50%) Of thc City of Roanoke's cost for signalization ami road im?rovements at the intersection of Airport Road'and Mnaicipal Road. The City of Roanoke es0.mams that the total'cost of such imprOv~nents shall be $250,000. Addi6onally, the City-County Agriement provides that the County shall pay up to fifty percent (50%) of the City of Roanoke's cost for sign~li-ation st the intersection .i ' 3 1 03/23/00 THU 09:21 FAX $40 772 2030 004 of Airp°rt Road and Towne' Square Boulevard, the total cost of which the City of Roanoke estimates to be $100,000 (oollectively, the signalization and road im,rn'ovements ~ forth in the City-County Agreement shsll be ]mown herein as the "Traffic Improvements"). The City-County Agreement provides Rutt the Tr.mc Improvements shall be completed nO late~ than April 15, 2001. The County shall use all reasonable efforts to assist the City of Roanoke and/or the Virg/nia Deparmt~ of Transportation to complete the T~¢ Improvemenls by such date; provided, however, thnt the Company sh.l! nol be required to make any financial contribution to the Traffic Improvements and the ~J~unty shall not use the Incentive Funds for such improvements ~ as set forth herein. b. The Cotmty further represenls that the City of Roanoke is in the pl_s_..i.$ stages of a project ~ compie~ the necessary drainase improvements along Airport Road in proximity to ~e Site no later than April 15, 2001. The County shall make all reasonable efforts to assist the City of P. oauoke to complete these drainage improvuments along Airport Road by April 15, 2001. c. ,In addilion to lhe $175,000 set out above, the County shall retni" from the Incentive Funds twenty percent (20%) of its share of li~ estimated cost of the Traffic Improvements, $?4 T~ {the '~etainage"), in an interest-bearing account until tach improvements a/e completed as provided, herein. While the County does not anticipate providing the C~ty of Roanoke with more 0~s- $175,000 for the Traffic Improvements, ii may spen~l the Ret_=i,,age, or a portion thereof, on such 03/23/00 THU 09:21 FAX $40 7?2 2030 improvements, provided that Ri~ CO ECON DEV __:,tits written notice of such valid expenses to the County and thc County provides !he Company with copies thereof prior to releasing any portion of the R~e to the City of Roanoke. The County shall use its best efforts to ensure t_h~t ali smo~ilT$ spellt on the Traffic lm~ovements are reasonable and competitive. Notwiths~_..-alng the coven,nts contained in this Section, the County shall not spend more than $210,000 of the Incentive Funds on the T~fiClc Improvements set forth in this Sectign. In the event that the County's share of the cost of all of the improvements contemplated herein exceeds $210,000, the County, at its sole cost and expense, _~hall contrib~c the monies necessary to complete thc Traffic Improvements required by this Section within the time periods set forth herein. 3. The county sh~ transfer the balance of the w~sllocated port[on 1111 11 of tT~ Tncetlfiye Ftmds, a 'him of $361,500, to the Autl~ority upo~ thc ¢:x;¢cut~on of th~s Agreement. AddittooaUy, t~e Cotmt~ shall p~c~d¢ the Retah~Be, or ! rema~-i-s portion thereo~; a~d in. est thcz:o., to the ^trcho~ wtth~ edzty (30) ~ of its zece~pt o£ the ¢i~'s ~ invoice the Ctty-Cotmt~ AB~m~t a~ci pto~cle the Company w~th aotice of such tnmsfe~. ~. The Am~oz~, s.b~e~t to its receipt of thc ba~a. ce of the T~centt~ ~tmcTs ~om the Cotmty, sh. II tra~er the ~Zn¢~tive Ftmds to the Company as set £o~ he~e~ £o~ ~o~e~-re]aZed costs and fees, ~clud~g. but aot l~m~tcd to, the re~.o~s ~d ar~iuL~tion of the Site and a~L a.~ ~,,.opment ~ improvement costs ~]ated to the ?m~ect, inc]ud~g, but not ~,~,itecT to, grading, site pt~paratio~ ~m~oveme~ts ~ 005 03/23/00 THU 09:21 FAX 540 772 2030 RKE CO ECON DEV ~006 to utility services, .~l!ty connection and permit fees, paving, parkin~ dr._ i-a~ entrances and exits, and general construction, etc. (collectively, the "Site Improvements"). To ob~in the L. ! .~ Funds, the Company shall submit to the Authority all requests for payment.ow reimbursement for Site Improvements with proper doo~mentafion of such expenses. All such requests by the Company shall be sent to Timothy W. C. mbala, Secretary of the Industrial Development Authority, or such other person as the Authority may designate by providin~ written notice to the. Company. The Authority shall mal~e such payments to the Company within thirty (30) days of its reccipt of the Company's properly doc~,mentcd requests therefor. C. la addition to the CDBG, the County made application to the Commonwealth of Virginia and waS awarded a grant of $$00,000 from the C~ovemor?s Opportunity Fund ("GOF","GOF Funds" or "G-OF O_nanf') on b~alf of the Company to provide the Comply with additional financial incentive to undertake the Project in Roanoke County, Virginia. The County shall use the GOF Funds to reimburse the Company for all Proi¢ct-relatcd expenses, in accordance with the GOF Omat provisions and subject to th6 County's receipt of the GOF Fuo.ds, provided that the Company provides evidence o~ such expenses to the County along with its request for reimbursement. The GOF Funds are to be paid to the Company on a reimbursement basis for the rezoning and acquisition of the Site and the Site Improvements, so long as the Company presents the County with documentation of such expm~litur~s wi.thin thirty (3~) months of the execution ofthls Agreement. The i 6 03/23/00 THU 09:22 FAX 540 7?2 2030 RKE CO ECON DE¥ ~007 County and tl~ Authority acknowledge and ~e that the CK)F Funds are for thesole I use and bcndit of the Company and t~at the Company shall have the right to apply the C.~F Funds to Project-related eXpenses as the Company, in its sole and absolute discretion, may elect, subject to the rcquircments and obligations imposed on and by the C-OF in connection with such funds. D. The Company shall: 1. Invest a mi~imu~ of $9,000,000 in Project-related expenses within (30) months from thc date of this Agreement (the "Investment Period"), through its expenditures for thc scqu of the approximately 75,000 square Im~ovr~nents, together with the ~,o isidon of the Site, site preparation, conslxuction hot office cxpansion, and other Site upauy's additional expend/tures for the acquisition of new, used or relocated office equipment, furnishings, computer equipment, cabinets, phones, si~, and other misccll~neolls business personal propmly related to the Project (h .erchxa-q~r referred to as the "Capital Investment'); provided, however, that all Project-.related expenditures made by the Company prior to the date hereof; specifically and without limitation, shall be deemed to have been made subsequent to the date hereofand included in the $9,000,000 Capital Investment. The Company shall report, document and verify to the County all Capital Investment, which single report sh~ be filedno later than sixty (60) .days after the expiration of the InVestment'~-JPc~!- I ~.Xrhile the Company is required by thi~ Agreement to invcst a rni,~im~wn o~ $9,000,000 on the Project, it expects to i~lvest I ? 03/23/00 TIIU 09:22 FAX 540 ??2 2030 ~ CO ECON D£¥ 008 approximately $10,000,000 on thc Projcvt and related costs. 2. Generate, throus~' its Capital Investmcnt in the Project set forth in Section I.D. 1., New Tax Revenuei (as hereinafter defined) for thc County of not less titan $641,500 during the five (5', the earlier of (i) the date the Compa~ 31, 2001 (thc "Tax Calculation Pcrio lye. ar ~me period begipning one (1) year after opens thc Pl'ojc~t for business or (ii) December ~"). In the alternative, thc Company may elect, by written notice to the County at a~ y time dining the Tax Calculation Period and in its sole and absolute discretion, an e~rlier commencement date for the Tax Calculation Period. '~New Tax Revenues" shall ~ncan all local taxes attributable to the Project and paid by the Compauy directly to Ro/noke County dauing the Tax Calculation Period, including, but not limited to, real estate taxes, business personal property taxes, and sales and use taxes; provided, however, that the New Tax Revenues shall be documented and substantiated by sl~bmission of the applicable Company accounts, and verified and approved by -'~:- i -.~r of Finance for Roanoke County. The Company shall provide County with thc total amount of New Tax Revenues paid by the Company on!an anm,~i basis during the Tax Calculation Period within sixty (60) dayi of the cml o~ each calendar year, with the final report to be made within sixty (60) days of the ~xpirafion of thc Tax Calculation Period. Should the Company generate New Tax R~renues ia cx~ess of $641,500 during the Tax Calculation Period, the County wi~ provide the Company with additiollal illoCntive funding for Project-related expenses ia the amomtt of one hundred pcrceat (100%) of 03/23/00 T]~ 09:22 FAX 340 7?2 203P RI~E CO ECON DEV 009 such amount in excess of $641,$00 w~.'~hl, six~ (60) days of the County's receipt of the Company's final report of New T~x P, evenues, subject to f'utur¢ appropriation of such amounts by the County Board of Supeivisors. 3. The Comptmy sial] both rn~irt~i- ils administrative offices in ROanoke County and rersin durin~ tl~ Tax Calculation Pcriod the approximately 630 I full-time employees, bein8 540 exis ~t~lg full-tlm¢ employees alld 90. new full-time employees hired dtuing the Hiring P ~:ri'od (as hereafter defined), employed by the Company as of the date of this '-'e-- .~-----;' in its cxisting adminis~xalive offices on the Leased Property and the annex on Vklley View Boulevard (which employees the Company shall relocate to Roanoke County upon completion of the Project). 4. The Corn?any ~eprescnts, and all parties hereto acknowledge, that as of the date of this Agreemcn} the Company bas met its commi~ent To the GOF to hire within the H'uing Perio~i a total of 90 n~w full-time employee, s in connection with the Project, subje~ to the Company's compliance with the r~porling requirements hereinaflm' described.! For purposes of this Agreement, the Hiring Period shall be deemed to have beg~ on January. 1, 1999, and shall expire on the date of this Agreement. The Company shall mainlain not less than these 90 new full-tlme employees hired in conn.¢ction wi~ the Project for a l:~riod of fluee (3) years from the expiration of the Hixins Period (the "l~-ml~loyment period"). The Corn?any agrees to r~ort to the Cotmty within sixty (~) days of the expiration of the Hiring ?~od 03/23/00 TRIJ 09:22 FA~ 540 ??2 2030 RKE CO ECON DE¥ ~010 number of new full-6me jobs it created during the Hiring Period, and to report lnn..lly thereafter through the term ,of the Employment Period the number of jobs the Company maintained at its expalxded, office building (and/or at its annex on Valley View Boulevard until relocation, employees to the administra~ve offices upon comple~ion of thc Project). 5. Assist and cooperate with the County, or its assignee, in providing employment-rehtcd da~ ~o sppropriste §ovcrnmental a~eocies in cormcction with the CDBG; provided, however, that thc Company shsll not be responsible for the satisfaction of a~y Davis-Bacon Act requir~ncnts or resulations. The Company further a~re. cs to assist the County in satisfying thc County's requirements under the Virginia Dc-pamaent of Housing and C0mNl~mity Development Act neCeSSary for the iCounty to receive and apply the CDBG Funds to Project-related expenses, including entering into a separate industry agreement with the County for the Project. 6. Cooperate with the County in me~%o audit requirements established by the GOF, which req.uiremcnts are attached hereto as Exhibit C. Thc Company's compliance with such ~cporti~g requirements, however, shall not require an independent audit or any disclosure of the Company's business, ~n-ncial records or accounts, other than as set forth'on. Exhibit C. 7. To dedicate t~ the County or the City of Roanoke~ as applicable, drainage or other easements or rigllts-of-way, if any, needed for the Project and the 10 03/23/00 THU 09:23 FAX 540 772 2030 RKE CO ECON DEV Drainage Proje~/, thc Traffic Improvemeats, or the City of Roanoke's drainage project and road improvements along Airport Road, at no cost to ~hc County; provided, however, th,t the granting of such casements or rights-of-way shall be at no cost whatsoever to the Company. The C-gan~ of such easements shall be responsible for all costs in comlecti0n th~th, inaluaing recording costs, if any, required by the granting of such easements and/or ~ghts-of-way; provided, however, that thc Company shall not be rcsponsibl¢ for any such costs. Il. Reimbursement of Incentive and C-OF Funds A. If the Company fails to generate the anticipated New Tax Revenues v~thi,~ thc Tax Computation Period ~s provided in Section LD.2., then the Company shall ~imbu~e the County within ~,nhety (~0) days of the expiratio~ of th~ Tax Computation Per/od thc d//fercnce between thc County's actual appropriation of $641,500 required by this Agreeme~, t and the Company's actual New Tax Revenue attributable to the Project during the Tax Computation Period. B. For purposes of this Agreement, the G-OF Cyrant shall be allocated into the following' ~mol~lts: (i) the stun Df TWO ~RH13 FIFTY THOUSAND DOLLARS ($250,000.00) shall be~ocated to the Company's employment levels and requirements set for~ in Sectio, ,,L.~. (the "Employment Chant"), and (ii) the sum of TWO HUNDRED FIFTY THOU~ND DOLLARS ($250,000.00) shall be allocated to the Company's Capital Invtstm~t and expenditures set forth in Section I.D. 1. (the 03/23/00 THU 09:23 FAX 540 772 2030 RKE CO ECON DEV ~ 012 1. If the Company does not hire within the Hiring Period at least 90% of- the number of employees required byi Section LD.4., and does not retsln that number of new employees during the Employmcnt Period, then the Company shall reimburse th~ County that portion of thc FJuployment Crrant that is proportional to the shortfall in the employment lcvels achieved .d maintained by the Company as of the end of the Hiring Period and ~.mployment'~od. Such sum, ff any, shall be dete~ed by dividing the difference ~ the ~ number of thc employment shortfall in both the Hiring Period and Employment period and 90 by 90 and multiplying such number by $25o,00o. 2. If the Company does ~ot make 100% of the Capital Investment required by Section I.D. 1. withi~ the Investlllent Period, then the Company shall reimburse that portion of'the Capital Grant that is qropo~onal to the shortfall in the Capital the expiration of tile Investment Period. Such sum, if any, shall be Invesunent of determined by dividing ~ diff~._~. _~tween thc Company's actual inves~llent at th~ end of the Investment Po-iod ,nd $9,O00,000 by $9,000,000 and multiplying such number by $250,0O0. 3. The County shall proVide the Company with notice of any 1 reimbursements that it shall be required to make und~ this Section. Any reimbursements required to be made by the Company hereunder to the County in accord~ce with this Seclion shall be repaid by the Company t'o the County wj~in ninety (90) days of notice by the County. and the County shall repay such amounts to 12 03/23/00 THU 09:23 FAX 540 772 2030 RKE CO ECON DEV 013 the GOF if required. Notice. Notice reqmred to be g~ven u~der th~ Agrccment shall be deemed to have been given, if in writing~ (i) two (2) days gfler dcposited in thc United Statcs Mail, certified or register~[, remra receipt requcst~ with postage prepaid or (ii) delivery by hand against a written receipt, and addres~d as follows: To thc County: _E~ner C. Hodge, Ir., County Administrator ROanoke County Administration Center i ~ernard Drip, SW R~anoke, VA 24015 WRh a cOpy to: To the Authority: With a copy to: To thc Compau: With a copy to: Vickie L. Huffm~ Assistant Coumy Attorney Roanoke County Administration C~nter Pr O. Box 298900 Roanoke, VA 24018 Timothy W. Gubala, Secretm'y Roanoke County Indusuial Developmcnt Authority 5204 Bernard Drive, SW Roanoke, VA 24018 ]~l,,vard A. NaR, Esq. 0sterhoud~, Ferguson, Nat~, ~ Aberon & A§ee, P.C. 1919 Elec~c Road, S.W. ' ~oanoke, Virginia 24018 i' ~;c~ Stores Company, Incorporated 673 Airport Road _RenaU~ke, VA 24012 oR: Chi~ Financisl Officer and Senior Vice President t ' Flippin, D~raore, Morse, Rutherford , & $cssee '1800 First Union Tower ~Dmwer 1200 ~, .o. anokc, VA 24006 ~Attemion: Douglas W. Densmore, Esq. 03/23/00 09:24 FAX $40 ??2 2GL Assignment by the Company. RKE CO ECON DEV The Company shall ~.v~ the right to assign this Agreement to a separate ~ntRy, provided that any such assi?ment~ other than by operation of law, shall not relieve the Company Of its obligations herein; provided, however, that in the event of an assignment by operation of law, the Company's successor/assignee shall assume all of the Company's fights and responsi'bilities hereunder. V. Assignment by the County. The Coullty sh.ll have t,.,. '4'"' .o assign its dghts axed obligations under this Agre~n~nt to the Koanoke County I~. duslrial Development Authority, provided that the Coumy assigns the Iueentive Funds ~md OOF Funds to the Authority as pan of ~aoh ~tisnment. Any sue~ ~gran~at, however, ~1~11 not rdi~¢ the County of i~ obligations'under thi.~ Agreement. VI. Governing Law. This Agreement sb.ll be gOVerned by and all disputes relal~l hereto shall be determined in sccordance'with the laws of the Commonwealth of Vir~nia. VII. No Waiver. The failure of either party h~.o to ~ upon sUiot p~rf°nUanc~ of any of the t~rms, conditi .on$ and covenants h~ein continued shall not be deemed to be a waiver of any fights or.remedies that eithe~ party may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained except as may be expredsly waived in writing. 014 14 03/23/00 THU 09:24 FAX $40 ?72 2030 RKE CO ECON .Any ~ or provision of thi.~ ~k~reemcnt ~at is invalid or uncnforccable shall not affect the validity or enforceabili~ of ~he rem~ini~$ terms and provisions hereof. Entire Agreement. This Agreement constitutes the entire agreement between the parties. No motli~ication hcreof shall be cffective unless in writing and signed by both partics. X, Binding Et~ct. This Agreement shall be binding upon and shall inure t~ the benefit of the parties and theft respective successors and assigns. This Agreement ~h.ll executed in triplicate, each of which shall constitute an original. ~ WITNESS the following si~ amres and seals: Roauoke Coma~y~.omey ___. ROANOKE COUNTY BOARD O~ERVISORS Elmer C. Hodgc County Administrator 15 03/23/00 THU 09:24 FAX $40 772 2030 RH~ CO ECON DE¥ ~016 Approved as m form: Attorney for Industrial Development Authority of Roanoke County INDUSTRIAL DEVELOPMENT .AUTHORITY OF ROANOKE COUNTY Billy H~a~c~ Chsin-_ .n Commonwealth of virginia, County/City of Koanoke, to-wit: ADVANCE STORES COMPANY INCORPORATED, a Virginia Corporation Oamett E. Smith Chief Executive O~cer The foregoing insm,ment was acknowledged before me this ~ttA' day of 1999, by Elmer C..Hodge, County Administrator, on behalf of thc ~sors of Roanok: I ~7, Virginia~ . Notary Public My commission expires:~ Co'muonwealofth~ County/,G/~ to-wit The foregoing inq~.,ment was acknowledged before me this,~a2-.r~ of ~ 1999, by Billy FI. Branch, Chsirmsn, on behalf of the Industrial Developm~ Authority of Roanoke County, Virgi~'nia. Notary Public My commission expires~~~~..~O~- 16 03/23/'00 THU 09:24 FAX $40 772 2030 RKE CO ECON 17 03/23/00 TI~ 09:24 FAX 540 772 20:' RKE CO ECON DEV , KXI-flBIT A th'oject Construction Schedule 03/23/00 THU 09:24 FAX $40 772 2030 RI~ CO ECON DEV ~019 ~XI4IBIT B Contract Bctwcen the County and the City for the Traffic Improvements 03/23/00 ~ 09:25 FAX S40 7?2 2030 RKE CO ECON DE¥ ~020 ExtflBrr C OOF Req~ents Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #60-178-236 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 34746-040300 amending and reordaining certain sections of the 1999-2000 Grant Fund Appropriations, providing for appropriation of $100,000.00, in connection with acceptance of a Derelict Structures Fund Grant from the Virginia Department of Housing and Community Development. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Darlene L. Burcham, City Manager George C. Snead, Director, Public Safety H. Daniel Pollock, Coordinator, Housing Development C:~vlyFiles~B.wlxl IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2000. No. 34746-040300. AN ORDINANCE to amend and reordain certain sections of the 1999-2000 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1999-2000 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Community Development $ Derelict Structures Fund Grant (1) ........................... 4,543,074 100,000 Revenues Community Development $ 4,543,074 Derelict Structures Fund Grant (2) ............................ 100,000 1) Shenandoah Hotel Renovation (035-052-5251-5246) $100,000 2) Derelict Structures Fund Grants (035-052-5251-5251) 100,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #60-178-236 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 34747-040300 authorizing acceptance of a Derelict Structures Fund Grant, in the amount of $100,000.00, from the Virginia Department of Housing and Community Development, authorizing execution of any and all requisite documents, and authorizing execution of an agreement with the Western Virginia Foundation for the Arts and Sciences for disbursement of grant funds. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: Western Virginia Foundation for the Arts and Sciences, One Market Square, S. E., Roanoke, Virginia 24011-1434 James D. Grisso, Director of Finance George C. Snead, Director, Public Safety H. Daniel Pollock, Coordinator, Housing Development C:LMyFilca~13.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34747-040300. A RESOLUTION authorizing the acceptance of a Derelict Structures Fund Grant from the Virginia Department of Housing and Community Development, authorizing execution of any and all requisite documents, and authorizing execution of an agreement with the Western Virginia Foundation for the Arts and Sciences for disbursement of the grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council of the City of Roanoke accepts a Derelict Structures Fund Grant from the Virginia Department of Housing and Community Development in the amount of $100,000 to be used for those purposes identified in the report of the City Manager to Council dated April 3, 2000. 2. The City Manager is authorized to execute any and all requisite documents, including any documents providing for indemnification by the City as are required for the City's acceptance of this grant, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. 3. The City Manager is authorized to execute a contract in substantially the form set forth in the attachment to the report of the City Manager to Council dated April 3, 2000, with the Western Virginia Foundation for the Arts and Sciences for disbursement of the grant funds. ATTEST: City Clerk. H:hRES\RG- S WV HCD-4-3 -00 Roanoke City Council Regular Agenda Report April 3, 2000 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Acceptance of Derelict Structures Fund Grant, Execution of Agreements, and Appropriation of Funds Background: The Derelict Structures Fund (DSF) is a program funded by the General Assembly to assist with the removal or renovation of badly deteriorated properties. The Virginia Department of Housing and Community Development (DHCD) solicited proposals for the program in the summer of 1999. On August 16, City Council authorized the Acting City Manager to submit a funding proposal for $100,000 for the renovation of the Shenandoah Hotel on the City Market. In January, DHCD notified the City that its proposal was one of five in the State that had been approved. Considerations: In order to accept the funds, the City must execute a grant agreement with DHCD. This commits the funds for use exclusively on the Shenandoah Hotel, as proposed. The Hotel is being renovated by the Western Virginia Foundation for the Arts and Sciences for temporary housing for Mill Mountain Theatre actors, rehearsal space, public educational activities, and ground-floor retail space. To disburse the grant funds to the project, an agreement with the Western Virginia Foundation for the Arts and Sciences is necessary. Recommended Action: Authorize the City Manager to execute the Derelict Structures Fund Agreement with DHCD to accept the $100,000 grant, and to execute a contract, in substantially the form set forth in the attachment to this report and as approved as to form by the City Attorney, with the Western Virginia Foundation for the Arts and Sciences for disbursement of the grant funds. Appropriate $100,000 to an account in the Grant Fund to be established by the Director of Finance, and establish a revenue estimate in the same amount. Attachment Respectfully submitted, City Manager c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance George C. Snead, Director of Public Safety H. Daniel Pollock, Housing Development Coordinator #00-413 AGREEMENT This Agreement is made and entered into this the following parties: Day of April, 2000, by and between The Grantee City of Roanoke, Virginia 215 Church Avenue SW Roanoke, Virginia 24011 The Subgrantee Western Virginia Foundation for the Arts and Sciences One Market Square SE Roanoke, Virginia 24011 ~1434 WITNESSETH: WHEREAS, by Resolution No.xxxxxxxxxx, the Roanoke City Council approved the execution of a grant agreement with the Virginia Department of Housing and Community Development for an allocation of funds from the Virginia Derelict Structures Fund (DSF); and WHEREAS, by Resolution No. ~ the Roanoke City Council approved the execution of a subgrant agreement between the Grantee and the Subgrantee to support the renovation of building at 128-132 Campbell Avenue SE in the City of Roanoke; NOW, THEREFORE, the parties hereto mutually agree as follows: I. RENOVATION PROJECT General -- The Subgrantee shall undertake the complete renovation of the building located at 128-132 Campbell Avenue SE, generally according to building plans submitted to and approved by the Grantee's Building Department and in compliance with the Virginia Uniform Statewide Building Code. The Subgrantee shall renovate and use the building consistent with the application for the Derelict Structures Fund the Grantee submitted to the Department of Housing and Community Development in August 1999. Regulatory Compliance --The Subgrantee or the Subgrantee's contractor(s) shall obtain all required permits prior to the beginning of renovations. Any use of the property shall be in conformance with a Certificate of Occupancy issued by the Grantee, the Grantee's zoning and land use requirements, and all other applicable regulations of the Grantee. Page 1 of 5 II. Period of this Agreement -- This Agreement shall be effective immediately upon its execution by both parties, and, unless amended or terminated, shall end the earlier of December 31, 2000, or disbursement of all funds to the Subgrantee by the Grantee. Do Schedule -- The Subgrantee shall continue substantive work toward completion of renovation. Such work may include demolition of parts of the buildings preparatory to renovation or replacement of those parts. The Subgrantee shall complete renovation and obtain Certificate(s) of Occupancy by December 31, 2000. The Subgrantee shall submit required documentation of costs claimed for reimbursement from the Grantee by December 1, 2000. Renovation costs -- Funds reimbursed to the Subgrantee by the Grantee from Virginia Derelict Structures Fund require a matching amount of funds in the project. The Subgrantee shall provide satisfactory documentation to the Grantee that the total of the renovation costs, including predevelopment costs, architectural and engineering costs, and necessary legal costs associated with the acquisition and renovation, is not less than $1,000,000. Such documentation shall be in a form acceptable to the Grantee, such as bills or invoices due, receipts for payments made, or copies of canceled checks used to pay for project activities. Fo Regulations of the Derelict Structures Fund -- The Subgrantee agrees to abide by all regulations, requirements and conditions set forth by the Department of Housing and Community Development for use of the Derelict Structures Fund. The Subgrantee agrees to provide reasonable access to the project, and records pertaining thereto, by staff of the Grantee and the Department of Housing and Community Development to verify progress and completion of the project in accordance with the Derelict Structures Fund program and this agreement. G° At all times during the renovation, the Subgrantee shall comply with all applicable federal, state, and local laws, ordinances and regulations. REIMBURSEMENT OF EXPENSES Form of Subsidy -- The total amount to be reimbursed to the Subgrantee by the Grantee from the Derelict Structures Fund under this Agreement is $100,000. The subsidy will be in the form of a grant of funds for reimbursement of eligible expenses. As funds will be released to the Subgrantee for expenses incurred or paid, no deed of trust or other Page 2 of 5 encumbrance will be placed upon the property by the Grantee as the result of this agreement. Claims for Reimbursement of Expenses -- The Subgrantee shall submit to the Grantee's Housing Development Office documentation of project expenses showing costs incurred or paid since the inception of the project. Such documentation shall be in a form acceptable to the Grantee, such as bills or invoices due, receipts for payments made, or copies of canceled checks used to pay for project activities. The request for reimbursement shall indicate the total of project expenses and the amounts, itemized by purpose, claimed for reimbursement from the Grantee. All documentation of costs claimed for reimbursement from the Grantee must be submitted to the Grantee by December 1, 2000. Payment of Reimbursement-- Upon receipt of satisfactory documentation as described above, the Grantee shall reimburse the eligible expenses to the Subgrantee within thirty (30) days of receipt of the request and documentation. III. THIRD-PARTY CONTRACTS The Grantee shall not be obligated or liable hereunder to any party other than the Subgrantee. IV. TERMINATION OF AGREEMENT In the event the Subgrantee materially fails to comply with any term of this Agreement, including failure to continue substantive work toward completion as determined in the sole discretion of the Grantee, the Grantee may suspend or terminate, in whole or in part, this Agreement with 15 days' written notice to the Subgrantee. V. INDEMNITY The Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep and hold the Grantee 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 the Subgrantee including: (a) the Subgrantee's use of the streets or sidewalks of the Grantee 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 the Subgrantee to perform any duty imposed upon or assumed by the Page 3 of 5 VI. VII. IX. Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the Grantee or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with the Subgrantee on account thereof, the Subgrantee, upon notice given to it by the Grantee or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the Grantee 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 Grantee or any of its officers, employees, agents, volunteers or representatives, either independently or jointly with the Subgrantee, then the 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 Grantee or any of its officers, employees, agents, volunteers or representatives harmless therefrom. The Subgrantee shall maintain liability insurance with a quality company, issued by a company licensed to transact business in this state, during the life of the Agreement and shall furnish the City with a Certificate of Insurance which shall name the City, its officers, agents and employees as additional insureds, providing coverage against any and all claims and demands made by any person or persons whomsoever for property damages or bodily injury (including death) incurred in connection with the services to be provided under this Agreement. 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 of the parties, and their assigns, purchasers, trustees, and successors. AMENDMENTS The Grantee, from time to time, may require changes in the obligations of the Subgrantee hereunder. In such event or events, such changes which are mutually agreed upon by and between the Grantee and the Subgrantee shall be incorporated in written amendment to this Agreement. GOVERNING LAW Page 4 of 5 This Agreement shall be governed by laws of the Commonwealth of Virginia. AVAILABILITY OF FUNDS Derelict Structure Funds to be reimbursed by the Grantee to the Subgrantee under this Agreement is contingent upon necessary appropriation of such funds by the Virginia Department of Housing and Community Development to the Grantee. In the event that appropriation of such sufficient funds are withdrawn by the Department of Housing and Community Development, at the sole discretion of the Grantee, this Agreement may be terminated in whole or in part. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year herein above written: ATTEST: FOR THE GRANTEE: By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager ATTEST: FOR THE SUBGRANTEE: By. By. Secretary President, Western Virginia Foundation for the Arts and Sciences APPROVED AS TO FORM APPROVED AS TO EXECUTION Assistant City Attorney APPROPRIATION AND FUNDS REQUIRED FOR THIS AGREEMENT CERTIFIED Assistant City Attorney Director of Finance Account Number Page 5 of 5 Mary F. Parker, CMC City Clerk CITY OF R O 4NOKE Office of the City Clerk April 6, 2000 File #27-67 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34748-040300 authorizing the City Manager's issuance of Change Order No. 6 to the City's contract with Alex E. Paris Contracting Co., Inc., for an increase in the amount of $457,700.00 to the original contract, for the Roanoke River Interceptor Sewer Replacement, contracts Al, A2, B1 and B2. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Attachment pc: James D. Grisso, Director of Finance Chades M. Huffine, City Engineer Philip C. Schirmer, Assistant City Engineer C:~ly Files~uril3 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34748-040300. AN ORDINANCE authorizing the City Manager's issuance of Change Order No. 6 to the City's contract with Alex E. Paris Contracting Company, Inc., for the Roanoke River Interceptor Sewer Replacement, Contracts A 1, A2, B 1 and B2, and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 6 to the City's contract with Alex E. Pads Contracting Company, Inc., for the Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B 1 and B2, all as more fully set forth in the report to this Council dated April 3, 2000. 2. This Change Order will provide authorization for additions in the work with an increase in the amount of $457,700 to the original contract, all as set forth in the above report. 3. In order to provide the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #27-67 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 3, 2000, Mr. Hume Powers, 2641 Nottingham Road, S. E., complained about the delays in the opening of Wiley Drive; whereupon, the Director of Utilities and Operations advised that he would provide Council with a projected date for reopening of Wiley Drive. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Mr. Hume Powers, 2641 Nottingham Road, S. E., Roanoke, Virginia 24014 Kit B. Kiser, Director, Utilities and Operations C:hMyFile~odl3.wpd Roanoke City Council Regular Agenda Report April 3, 2000 '00 ll~[l~ 30 /!,1t :28 Honorable David A. Bowers, Mayor, and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B1, and B2 Change Order No. 6 Background: Roanoke River Interceptor Sewer Replacement is part of the renovation and expansion of joint use sewer facilities project and replaces the existing interceptor sewer from the Water Pollution Control Plant to the Salem city limit. Contracts Al, A2, B1 and B2 are with Alex E. Paris Contracting Company, Inc. and replaces the existing interceptor from the Water Pollution Control Plant to Wasena Park at Winchester Street. These contracts represent a total of 26,982 feet (5.1 miles) of sewer replacement. Considerations: The project (Contracts Al, A2, B1 and B2) is approximately 99 percent complete and is scheduled to be complete by April 1,2000. The proposed 60 inch diameter sewer was found to be in conflict with the existing sewer at three locations in Wasena Park. City Council was briefed on this issue on October 4, 1999. This conflict required the contractor to perform extra work to divert the existing sewer flow by pumping and to replace approximately 330 feet of existing 42" sewer ($385,275). The contractor also performed additional work to grout the tunnel at Reserve Avenue ($72,425). Change Order No. 6, in the total amount of $457,700, includes all costs associated with the additional work and is recommended for approval. The consulting engineer for the project, Black & Veatch, concurs in this recommendation. Funding is available in the contingency for the project and each participating local government will be responsible for their pro-rata share of this regional project. The construction cost of the project (Contracts Al, A2, B1 and B2) is estimated as follows: Initial Contract Change Order No. I (Administrative, time only, 14 days) Change Order No. 2 (Tunnel at plant, repairs at 9th St.) Change Order No. 3 (Additional paving in Smith Park) Change Order No. 4 (Misc. small items, 30 days) Change Order No. 5 (Additional tunnel work) Proposed Change Order No. 6 $18,367,063 0 215,052 13,141 24,815 460,000 457,7O0 Total $19,537,771 Honorable David A. Bowers, Mayor, and Members of Council Roanoke River Interceptor Sewer Replacement Contracts Al, A2, B1, and B2 Change Order No. 6 Page 2 Total Change Orders to date, including proposed Change Order No. 6, are equivalent to 6.4 percent of the initial contract. The proposed change order cost is apportioned between the participating jurisdictions as follows: City of Roanoke 36.7% $167,976 City of Salem 33.7% 154,245 Roanoke County 29.6% 135,479 Total 100.0% $ 457,700 Recommended Action: Authorize the City Manager to execute Change Order No. 6, in a form approved by the City Attorney, with Alex E. Paris Contracting Company, Inc., in the total amount of $457,700 and 15 additional calendar days of contract time. Respectfully submitted, / t,. Darlene L. Burcl'lam City Manager C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney James D. Grisso, Director of Finance Philip C. Schirmer, P.E., L.S., Assistant City Engineer # 00-125 Department of Finance City of Roanoke, Virginia April 3, 2000 '00 30 :52 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance February Financial Report This financial report covers the first eight months of the 1999-00 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE General Fund revenues reflect an increase of 9.18% or $7,615,000 compared to FY99. Variances in specific categories of revenues are as follows: General Property Taxes are up 10.94% or $2,704,000. Real estate taxes have increased $1,989,000 or 8.31%. The second installment of real estate taxes is due April 5, and this increase is in part a result of the early receipt of tax payments from several mortgage servicing companies. Personal property taxes have increased $350,000. The majority of personal property tax revenue is not received until the fourth quarter of the fiscal year, however revenue received through the first eight months has risen due to improved collections, as well as the increased portion funded by the Commonwealth. Public service corporation tax revenue has also increased due to a timing difference. Other Local Taxes increased 6.76% or $2,041,000. Business, professional and occupational license revenue is up 22.65% or $1,204,000 as a result ora timing difference in the receipt of revenue in FY00. Prepared food and beverage tax revenue increased $288,000 or 8.70% due, in part, to the addition of new restaurants in the Valley View area. Telecommunications act fight of way use fee, which became effective July 1, 1999, and the transient room tax rate increase of 1% have also produced positive income results in this category. Permits, Fees and Licenses are up 14.50% or $68,000. 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 28.06% or $158,000. 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 $2,712,000 or 12.05%. Law enforcement funding through House Bill 599 increased $1,694,000. 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 32.18% or $150,000 resulting from the addition of rental companies that include heavy truck rentals, previously unavailable within the City. The personal property tax revenue funded by the Commonwealth of Virginia has also increased by approximately $110,000. CSA revenue has also increased due to timing differences in the receipt of funding from the Commonwealth. Honorable Mayor and Members Roanoke City Council April 3, 2000 Page 2 Miscellaneous Revenue decreased 28.54% or $47,000 as a result of a timing difference in the receipt of Payments in lieu of taxes from the Roanoke Redevelopment and Housing Authority. Payment in Lieu of Taxes was received from the Redevelopment and Housing Authority in February of FY99, but has not yet been received in FY00. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have increased .61% or $719,000 since FY99. Variances in individual expenditure categories generally increased less than 3% when compared to prior year to date expenditures and encumbrances. Larger variances are discussed as follows: Community Development expenditures increased 30.16% or $486,000. Economic Development expenditures increased due to fees paid for an 1-73 economic impact study. Memberships and Affiliations expenditures also rose as a result of the increased contributions paid to Roanoke Valley Convention and Visitors Bureau and thc additions of contributions to Virginia Amateur Sports, Center in the Square and New River Valley Commerce Park in the current fiscal year. A timing difference in the quarterly payment to the Hotel Roanoke Conference Center Commission also contributed to this increase. The third quarterly payment was made in January of FY00 but was not paid until April of FY99. Transfer to Debt Service Fund decreased 7.16% or $743,000. Reduced principal and interest payments for the 1994 and 1997 bonds were made in the current fiscal year. The reduction in principal and interest payments was partially offset by a timing difference in the transfer of funding in FY00 for the debt service on the capital lease for the new regional radio system. Transfer to School Fund increased 3.56% or $993,000, as a result of the combined effect of the 2.66% increase in budgeted transfer and the appropriation of $252,000 of the $1,015,000 in CMERP funds allocated to the Schools. I would be pleased to answer questions which City Council may have regarding the monthly financial statements. JDG/HRH Attachments UDirector 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 CMT 699 12/13/99 CMT 715 1/20/00 CMT 717 1/28/00 34660 02/07/00 34668 02~07~00 CMT 330 02~09~00 CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE FEBRUARY 29, 2000 De_Dartment 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 Snow Removal City Council Balance February 29, 2000 Puroose Funding for Sister Cities Program Fee Proration Governmental Electric Rate Negotiations Local Match for Office on Youth Installations of Amateur Radio Antennas for Y2K Preparation Funding for 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 Funding for Community Relations Task Force Workshop and City Manager's Rent Reimbursement Funding for Diversity Awareness Training Classes Public Works Service Center Environmental Settlement (DEQ) Funding for Purchase of Chemicals Funding for Christmas in April Sponsorship ~20,2~ (2,500) (33,675) (6,293) (2,50o) (27,500) (5,000) (12,56o) (2,ooo) (2,ooo) (7,o54) (7,700) (125,000) (42,450) (2,000) $142,012 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July I - Feb 28 July I - Feb 29 Percentage Revenue Estimate Revenue Source 1998-99 1999-00 of Change Estimates Received General Property Taxes $24,714,818 $27,418,706 10.94 % $59,963,226 45.73% Other Local Taxes 30,186,492 32,227,908 6.76 % 53,562,405 60.17% Permits, Fees and Licenses 473,487 542,123 14.50 % 703,500 77.06% Fines and Forfeitures 649,530 619,717 (4.59) % 947,500 65.41% Revenue from Use of Money and Property 562,916 720,883 28.06 % 1,047,040 68.85% Grants-in-Aid Commonwealth 22,509,850 25,221,776 12.05 % 54,460,337 46.31% Grants-in-Aid Federal Government 17,130 17,130 - % 34,260 50.00% Charges for Services 2,259,209 2,255,601 (0.16) % 3,330,300 67.73% Miscellaneous Revenue 166,176 118,756 (28.54) % 267,500 44.39% Internal Services 1,417,264 1,428,929 0.82 % 2,155,400 66.30% Total $82,956,872 $90,571,529 9.18 % $176,471,468 51.32% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Expenditures General Government $7,116,827 $7,083,248 Judicial Administration 2,925,329 3,000,305 Public Safety 27,569,554 27,952,667 Public Works 16,069,667 15,806,142 Health and Welfare 15,166,791 15,120,874 Parks, Recreation and Cultural 3,060,673 3,097,435 Community Development 1,612,381 2,098,669 Transfer to Debt Service Fund 10,375,852 9,633,118 Transfer to School Fund 27,898,019 28,891,010 Nondepartmental 6,903,771 6,734,180 Year to Date for the Period July I - Feb 28 July I - Feb 29 Percentage 1998-99 1999-00 of Change Unencumbered Balance Current Fiscal Year (0.47) % $4,406,133 2.56 % 1,611,257 1.39 % 16,644,549 (1.64) % 6,898,113 (0.30) % 10,584,954 1.20 % 1,499,066 30.16 % 1,200,630 (7.16) % 2,476,733 3.56 % 14,319,738 (2.46) % 1,462,378 _ ~'_6~ % $61,103,651 Percent of Revised Budget Appropriations Obligated $11,489,381 61.65% 4,611,562 65.06% 44,597,216 62.68% 22,704,255 69.62% 25,705,828 58.82% 4,596,501 67.39% 3,299,299 63.61% 12,109,851 79.55% 43,210,748 66.86% 8,196,558 82.16% $180,521__,199 66.15% CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period July I - Feb 28 July I - Feb 29 Percentage Revenue Source 1998-99 1999-00 of Change State Sales Tax $4,983,420 $5,126,271 2.87 % Grants-in-Aid Commonwealth 22,975,878 24,360,994 6.03 % Grants-in-Aid Federal Government 1,256,091 1,328,490 5.76 % Charges for Services 1,802,844 1,791,874 (0.61) % Transfer from General Fund 27,898,019 28,891,010 3.56 % Special Purpose Grants 5,965,257 5,184,496 (13.42) % Total $64,881,509 $66,663,135 2.75 % Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $8,638,840 59.34% 39,280,160 62.02% 2,915,599 45.56% 3,216,301 55.71% 43,210,748 66.86% 8,936,916 NA $106,198,364 62.77% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Exoenditures 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 - Feb 28 1998-99 $42,846,495 2,220,047 1,924,398 5,785,596 2,413,047 1,380,302 4,069,324 7,266,904 July 1 - Feb 29 1999-00 $45,306,411 2,311,568 2,386,933 6,031,627 2,627,026 2,182,841 4,708,180 8,936,916 Percentage of Change 5.74 4.12 24.04 $67,906,113 $74,491,502 Current Fiscal Year Unencumbered Balance Percent of Revised Budget Appropriations Obligated % $25,989,081 $71,295,492 63.55% % 1,310,668 3,622,236 63.82% % 1,247,968 3,634,901 65.67% 4.25 % 3,893,784 9,925,411 60.77% 8.87 % 1,662,157 4,289,183 61.25% 58.14 % 225,376 2,408,217 90.64% 15.70 % 68,618 4,776,798 98.56% 22.98 % 8,936,916 NA 9.70 % $34,397,652 $108,889,154 68.41% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 29, 2000 General Government Education Flood Reduction Economic Development Community Development Public Safety Recreation Streets and Bddges Sanitation Projects Traffic Engineering Capital Improvement Reserve Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance $13,213,345 $5,028,554 $8,184,791 $814,204 $7,370,587 2,500,000 1,750,000 750,000 - 750,000 14,447,889 7,831,473 6,616,416 62,480 6,553,936 19,262,470 13,359,221 5,903,249 531,312 5,371,937 2,290,600 996,068 1,294,532 522,394 772,138 5,886,602 4,865,550 1,021,052 9,417 1,011,535 4,282,365 2,481,733 1,800,532 811,658 988,974 24,792,519 20,781,045 4,011,474 2,534,949 1,476,525 1,197,428 411,1 94 786,234 66,390 719,844 3,782,737 2,203,348 1,579,389 224,222 1,355,167 14,310,071 14,310,071 14,310,071 Total $108,966,026 $89,708,186 $46,257,840 $5,577,026 $40,680,814 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF FEBRUARY 29, 2000 Expenditures Unexpended Budget To Date Balance $29,333,318 $20,648,298 $8,685,020 4,115,721 4,115,721 Outstanding Encumbrances Unobligated Balance Education Capital Improvement Reserve $7,930,690 $7,930,690 $754,330 4,115,721 $4,870,051 Total $33,449,039 $20,648,298 $12,800,741 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE 8 MONTHS ENDING FEBRUARY 29, 2000 Interest Revenue: Interest on Bond Proceeds Interest on Idle Working Capital Total Interest Revenue Multi Year Revenues: Intergovernmental Revenue: Federal Government: Garden City Commonwealth: Virginia Transportation Museum - ISTEA Public Works Service Center Second Street Entrance - Coca Cola Total Intergovernmental Revenue Revenue from Third Parties: First Union Penalty Payment Norfolk Southern - Hunter Viaduct InSystems Incorporated - Land Sale Total Revenue from Third Parties Other Revenue: Transfers from General Fund Transfers from Grant Fund General Obligation Bond Proceeds - Series 1999 Total Other Revenue Total $1,052,812 613,459 1,666,271 196,046 196,046 10,800 950,000 13,525 974,325 2,771,322 131,500 27,038,000 29,940,822 $32,777,464 FY 1999 $773,809 469,514 1,243,323 398,936 71,503 26,283 109,150 605,872 6,000 6,000 3,667,885 3,667,885 $5,523,080 5 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 2000 Operating Revenues FY2000 FY1999 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 $2,179,419 2,042,119 158.196 14.948 11776 821 092 131 432 6 287 411 727 1,799,566 $2,117,848 1,997,833 160,070 14,455 13,888 1,128,567 71,362 4,010 232,171 2,154,628 Total Operating Revenues 7,576,562 7,894,832 Operating Expenses Personal Services Operating Expenses Depreciation 2,698,591 2,526,193 3,669,968 2,616,544 1,123,256 1,026,483 Total Operating Expenses 7,491,815 6,169,220 84,747 1,725,612 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 - 246,383 260,393 45,483 32,427 14,479 19,332 - 325,000 40,000 - - (569) (812,654) (888,002) Net Nonoperating Expenses (441,309) (251,419) $1,474,193 Net Income (Loss) ($366,662) 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 8 MONTHS ENDING FEBRUARY 29, 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 Miscellaneous Revenue Loss on Disposal of Fixed Assets Total Nonoperating Revenues Net Income FY 2000 $4,950,450 574,192 94,057 509,730 94,211 154,795 72,203 6,449,638 1,204,012 3,259,675 768,981 5,232,668 1,216,970 284,526 10,296 (3,121) 291,701 $1,508,671 FY 1999 $4,963,466 536,865 91,565 345,215 69,976 88,156 70,957 6,166,200 1,154,971 3,727,370 646,873 5,529,214 636,986 447,992 13,897 (4,382) 457,507 $1,094,493 7 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 2000 Operating Revenues Rentals Event Expenses Admissions Tax Parking Fees Commissions 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 Income (Loss) FY 2000 $249,575 98,707 111,957 127,833 367,169 20,763 10,998 13,525 1,000,527 850,073 943,011 268,360 2,061,444 (1,060,917) 870,903 37,348 1,214 909,465 ($~51,452) FY 1999 $367 540 111 804 110 628 118 571 160 528 28 475 23 049 14 889 935,484 730,405 791,922 262,751 1,785,078 (849,594) 858,771 48,789 1,121 (25,372) 883,309 $33,715 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 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 Miscellaneous Net Nonoperating Revenues (Expenses) Net Income FY 2000 $220,519 249,905 128,336 275,983 237,620 46,121 1,158,484 509,343 360,957 870,300 288,184 6,717 (361,970) 766,358 (415,044) 1,417 (2,522) $285,662 FY 1999 $199,926 273,117 117,968 274,465 191,293 40,747 1,097,516 421,656 359,599 781,255 316,261 8,610 (378,442) 1,214,506 (771,195) 3,670 77,149 $393,410 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 8 MONTHS ENDING FEBRUARY 29, 2000 Operating Revenues Conference Center Total Operating Revenues Operating Expenses Commission Conference Center Total Operating Expenses Net Operating Income (Loss) Nonoperating Revenues (Expenses) Contributions from City of Roanoke Contributions from Virginia Tech Interest on Investments Rent, Taxes, Insurance, and Other Net Nonoperating Revenues (Expenses) Net Income (Loss) Before Depreciation Depreciation Expense/Replacement Reserve Net Income (Loss) Notes to Financial Statement: (1) (2) FY 2000 COMMISSION (1) CONFERENCE CENTER (2) TOTAL 1,777,980 1,777,980 $ - $ 1,777,980 $ 1,777,980 325,932 325,932 1,524,874 1,524,874 325,932 1,524,874 1,850,806 (325,932) 253,106 (72,826) 131,250 131,250 131,250 131,250 36,356 36,356 (17,842) (17,842) 298,856 (17,842) 261,014 (27,076) 235,264 208,188 328,098 88,900 416,998 ($355,174) $146,364 ($208,810) The column entitled "Commission" represents Commission activity in the City's financial records. FY 1999 $ 1,803,182 1,803,182 204,497 1,653,611 1,858,108 (54,926) 87,500 87,500 30,691 (14,451) 191,240 136,314 346,057 ($209,743) 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 8 MONTHS ENDING FEBRUARY 29, 2000 Operating Revenues Charges for Services Total Operating Revenues Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income (Loss) Nonoperaflng Revenues(Expenses) Interest Revenue Transfer From Other Funds Loss on Disposal of Fixed Assets Net Nonoperating Revenues (Expenses) Net Income (Loss) TOTALS city Information Materials Management Fleet Risk Systems Con~'ol Services Management Management FY 2000 FY 1999 $2,322,427 $132,909 $78,079 $2,432,192 $4,467,418 $9,433,025 $9,482,416 2,322,427 132,909 78,079 2,432,192 4,467,418 9,433,025 9,482,416 1,133,453 69,463 17,736 765,983 126,119 2,112,754 2,093,860 518,621 9,963 14,751 536,971 5,119,138 6,199,444 5,989,379 356,036 1,222 13,390 1,166,523 1,537,171 1,469,813 2,008,110 80,648 48,877 2,489,477 5,245,257 9,849,369 9,553,052 314,317 52,261 32,202 (37,285) (777,839) (416,344) (70,636) 138,757 (1,477) 8,090 55,344 363,078 563,792 490,066 725,929 497,230 250,0(X) 1,473,159 1,137,740 - (59,438) 864,686 (1,477) 8,090 552,574 613,078 2,036,951 1,568,368 $1,179,003 $50,764 $40,292 $515,289 ($164,761) $1,620,607 $1,497,732 Effective July 1, 1999, the Utility Line Services Fund was combined with the Water 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 FEBRUARY 29, 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 FEBRUARY 29, 2000. FUND GENERAL :WATER SEWAGE CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS CONFERENCE CENTER JUVENILE DETENTION i DEBT SERVICE I ClTY INFORMATION SYSTEMS i MATERIALS CONTROL i MANAGEMENT SERVICES i FLEET MANAGEMENT : PAYROLL I RISK MANAGEMENT i HIGHER EDUCATION AUTH i PENSION !SCHOOL FUND SCHOOL CAPITAL PROJECTS FDETC GRANT TOTAL BALANCE AT JAN 31, 20_0~ ...... _RECEIPTS ($8,515,297.38) $17,163,987.17 6,746,168.56 8,110,527.71 1,314,426.92 602,477.02 52,318,831.39 1,113,662.59 6,849,197.12 11,354,120.71 3,808,713.58 (2,311.73) 249,342.85 1,951,732.00 (10,245,835.66) 10,635,307.17 0.00 266,883.24 8,135,806.08 4,064,555.63 136,190.49 1,322,120.62 $100,216,618.91 BALANCE AT BALANCE AT DISBURS_EMENTS FEB 2~,_2000 FEB 28, 1999 $14,578,844.01 ($5,930,154.22) ($12,653,211.04) 576,369.53 796,402.46 6,526,135.63 6,199,958.61 1,814,576.75 2,882,125.30 7,042,979.16 11,593,053.05 175,566.06 392,737.81 1,097,255.17 1,417,870.70 157,010.98 319,729.53 439,758.47 500,641.54 437,767.05 847,997.70 51,908,600.74 34,030,606.52 45,703.68 1,269.92 1,158,096.35 923,960.84 34,183.17 1,052,626.54 5,830,753.75 3,680,324.77 1,214,828.58 2,280,349.19 10,288,600.10 10,813,279.36 658,160.60 185,721.09 4,281,153.09 4,579,891.17 110,487.33 131,815.34 (23,639.74) (42,431.82)~ 9,295.11 1,981.60 256,656.36 241,234.09 423,260.69 29,880.44 2,345,112.25 1,607,662.55 13,000,162.72 13,662,219.24 (10,907,892.18) (9,698,805.14)~ 1,175,991.60 1,003,433.89 10,807,864.88 10,248,376.96 0.00 0.00 0.00 5,012,720.10 394,316.32 1,091,154.21 (429,954.65) 1,031,526.48 4,908,846.34 6,490,479.32 6,554,173.10 9,541,164.50 747,283.57 650,461.40 4,161,377.80 (3,017,181.75) 124,712.94 126,954.45 133,948.98 78,705.76 436,673.97 630,952.70 $43,609,184.16 $47,157,136.14 $_96;66_8,~66._ 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 FEBRUARY 29, 2000. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: OVERNIGHT INVESTMENT COMMERCIAL PAPER COMMERCIAL HIGH PERFORMANCE MONEY MARKET FEDERAL AGENCY BONDS LOCAL GOVERNMENT INVESTMENT POOL STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER) VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL $31,539.39 1,980,796.74 10,851,000.00 8,957,612.22 5,026,213.76 9,984,300.00 14,085,470.99 5,934,429.25 39,817,304.58 $96,668,666.93 DATE: MARCH 10, 2000 DAVID C. ANDER~ 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 8 MONTHS ENDING FEBRUARY 29, 2000 Revenue Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization To~lRevenue FY 200O $3,175,474 5,499,824 42,799,172 40,057 $51,514,527 FY 1999 $3,569,763 5,631,593 6,128,033 16,298 $15,345,687 Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense City Supplement to Age 65 To~lExpenses Net Income $7,610,427 432,155 100,318 219,331 131,334 8,493,565 $43~020~962 $6,288,671 458,255 135,331 231,677 20,670 7,134,604 $8~211,083 13 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 April 6, 2000 File #137 Thomas A. Dick, Legislative Liaison 2227 Early Settlers Road Richmond, Virginia 23235 Dear Mr. Dick: I am enclosing copy of Resolution No. 34749-040300 authorizing execution of a contract with Thomas A. Dick to provide legislative liaison services, as more particularly set forth in a report of the Legislative Committee under date of April 3, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, April 3, 2000. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance C: ~'vlyFilmh~xa-il3. wpd DAVID A. BOWERS Mayor The Honorable Mayor and Members of City Council Roanoke, Virginia CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 April 3, 2000 Council Members: C. Nelson Harris W. Alvin Hudson Carroll E. Swain James O. Trout William White, Sr. Linda E Wyatt Re: Legislative Liaison Services Contract Dear Mayor Bowers and Members of Council: The City's Legislative Liaison Services Contract with Tom Dick runs through June 30, 2000. In order for us to enter into a new agreement to procure these services, it was necessary for the City to put out an RFP to seek proposals from those who may wish to provide this service on and after July 1,2000. Even though the City' s proposal was advertised in the usual fashion, Tom A. Dick submitted the only proposal to the City. In his proposal, Tom offers to continue providing legislative liaison services for us on the same terms and conditions that he now provides them, but he did request that we increase the hours budgeted for him to perform services during the period between Sessions of the General Assembly from 85 hours, as currently provided, to 150 hours. Tom bills us at the rate of $100.00 per hour for these services. The Legislative Committee recommends that Council concur in Tom's request, as we continue to use his services more and more during the period between Sessions. Last year we had Tom monitoring various legislative committees that were working during the summer, as well as attending meetings of the Virginia Coalition on Cities. The City Manager, City Attorney and Director of Finance concur in this recommendation. Attached is a proposed new contract with Mr. Dick. Also attached is a resolution authorizing the City Manager's execution of this contract. Please let me know if You have any questions about this matter. Respectfully submitted, William White Sr., Chairman Legislative Committee WW/mcf Attachments cc: Darlene L. Burcham, City Manager William M. Hackworth, City Attorney James D. Grisso, Director of Finance Thomas A. Dick, Legislative Liaison H:\COUNCIL~l-lunleglia2000 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr±l, 2000. No. 34749-040300. A RESOLUTION authorizing the execution of a contract with Thomas A. Dick to provide legislative liaison services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with Thomas A. Dick, for the provision by Mr. Dick of legislative liaison services as more particularly set forth in the April 3, 2000, report of William White, Sr., Chairman, Legislative Committee. 2. The form of the contract with Mr. Dick shall be approved by the City Attorney. ATTEST: City Clerk. H: \MEASURE S \R- LEGLIA. 3 THIS CONTRACT, made and entered into this 23rd day of March, 2000, between THOMAS A. DICK, of Richmond, Virginia, hereinafter referred to as "Consultant", and the CITY OF ROANOKE, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "City"; WITNESSETH: THAT FOR AND IN CONSIDERATION of the undertakings of the parties to this Contract, the Consultant and the City covenant and agree, each with the other, as follows: 1. Employment of Consultant. The City agrees to engage the Consultant and the Consultant hereby agrees to perform the services set forth herein. 2. Scope of Services. The Consultant agrees to perform and carry out in a good and professional manner those services set out in the Specifications included in the City of Roanoke Request for Proposals for Legislative Liaison Services (Proposal No. 00-1-44), such Request for Proposals, including its specifications, being incorporated by reference herein. 3. Compensation. (a) The Consultant shall be paid by the City for his service, upon completion of the services, on the basis established by this section. (b) Consultant shall be paid $2,000.00 for each month of the General Assembly's Regular Session (three months for a long session of sixty (60) days and two months for a H:\AMISC\A-LEGLIA.2000 short session of forty-five (45) days). In consideration for such monthly fee, Consultant shall review all bills and resolutions introduced at each Session of the General Assembly, identify those items that significantly impact on the City and its operations and notify the designated City contact of such items; keep the City's designated contact person and other appropriate City officials constantly advised of the status of legislation that impacts the City; provide a weekly written report pertaining to the status of legislative matters to the City's designated contact person and other appropriate City officials; attend regular meetings held by the Virginia Municipal League and Virginia First Cities Coalition for legislative liaisons of its members; provide a final written report at the end of each Session of the General Assembly as to the status of legislative issues of interest to the City; make one (1) trip to Roanoke to meet with legislators and other City officials prior to each Session of the General Assembly; and make one (1) trip to Roanoke after each Session of the General Assembly to meet with legislators and other City officials. (c) For services other than those enumerated in subsection (b), Consultant shall be compensated at the rate of $100.00 per hour subject to the following limits: (1) Phase I (services provided during each Regular Session of the General Assembly) - not to exceed 160 hours during any short Session of the General Assembly and not to exceed 180 hours during any long Session of the General Assembly. (2)Phase II (wrap-up after each Session of the General Assembly) - not to exceed 10 hours. (3) Phase III (activities between Sessions, including monitoring legislative matters of interest to the City) - not to exceed 100 hours. H:~A~4ISC\A-~-~GLIA.2000 2 (4) Phase IV (preparation for the next Session of the General Assembly, including assistance in preparation of the City's annual Legislative Program) - not to exceed 40 hours. (d) Reimbursable expenses shall include mileage which shall be reimbursed for travel outside the Richmond area at the rate that the City reimburses its employees for use of personal vehicles, lodging, meals, long distance telephone calls, bill box and other out-of- pocket expenses incurred by Consultant on behalf of the City. Consultant shall submit an itemized list of such expenses requiring reimbursement. In no event shall reimbursement for expenses exceed $500.00 per month. 4. Time Period. The services to be performed hereunder by Consultant shall be undertaken and completed in a timely and expeditious fashion so as to best carry out the objectives of the City. 5. Accomplishment of Project. Consultant shall commence, carry on and complete the required services with all practicable dispatch, in a sound, economical and efficient manner, in accordance with the provisions hereof and all applicable laws. In accomplishing the services, Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on by the City. 6. Assignment. Consultant shall not assign, sublet or transfer interest in this Contract without the written consent of the City. H:\AMISC\A-LEGLIA. 2000 3 7. Personnel. Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. All the services required hereunder shall be performed by Consultant or under his supervision, and all personnel engaged in the work shall be fully qualified to perform such services. 8. Changes. The City may, from time to time, require changes in the scope of services of Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and Consultant, shall be incorporated in written amendments to this Contract. 9. Nondiscrimination In the performance of this Contract, Consultant shall not discriminate against any contractor, subcontractor, sublessee, employee, applicant for employment or invitee because of race, religion, color, sex or national origin except where race, religion, color, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of Consultant. 10. Term. The initial term of this Contract shall be for one (1) fiscal year, commencing July 1, 2000, and terminating June 30, 2001. The City may extend this Contract for a second term of one (1) fiscal year (July 1, 2001, thorough June 30, 2002) and/or a third term of one (1) fiscal year (July 1, 2002, through June 30, 2003). The City shall give written notice to H: \AMI SC~A-L~GLIA. 2000 4 Consultant of its intent to extend this Contract for a second one-year term sixty (60) days in advance of the expiration of the first one-year term. The City shall give Consultant written notice of its intention to extend this Contract for a third one-year term sixty (60) days in advance of the expiration of the second one-year term. 11. Termination. The City reserves the right to immediately terminate this Contract, with or without cause, upon written notice to Consultant. In the event of termination by the City, Consultant shall be paid compensation at his standard hourly rate plus out-of-pocket expenses to the date of such termination. 12. Completeness of Contract This Contract, the City's Request for Proposals for Legislative Services (Proposal No. 00-1-44) and the Consultant's Proposal, dated February 21,2000, the foregoing documents being incorporated by reference herein, constitute the entire agreement between the City and the Consultant and supersede all prior negotiations, representations or agreements, either oral or written. To the extent of any inconsistency between this Contract and the documents incorporated by reference, this Contract shall take precedence and prevail. This Contract may be amended only by written instrument signed by Consultant and the City. 13. Schools Should he be requested to do so by the City of Roanoke School Division, Consultant agrees to perform services for the School Division on the same terms and conditions as H: ~AMI SC~A-LEGLIA. 2000 5 provided the City; any such services provided by Consultant shall be at the expense of the School Division. 14. Laws of Virginia. This Contract shall be governed by the laws of the Commonwealth of Virginia, both as to interpretation and performance. IN WITNESS WHEREOF, Consultant has signed his name to this Contract, and the City has caused this Contract to be signed by its City Manager, and its corporate seal to be hereto affixed and attested by its City Clerk. CONSULTANT: Thomas A. Dick (SEAL) ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk Darlene L. Burcham, City Manager H: \AMISC\A-I~gGLIA. 2000 6 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 April 6, 2000 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. Robert Young 210 Carver Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Young: I am enclosing copy of Ordinance No. 34731-040300 permanently vacating, discontinuing and closing a ten foot wide alleyway running parallel with Carver Avenue, N. W., and running adjacent to lots identified as Official Tax Nos. 2041325 - 2041335, inclusive, Official Tax No. 2041341 on the south, and property identified as Official Tax Nos. 3070316 and 3070301 on the north, for a distance of approximately 500 feet. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, March 20, 2000, also adopted by the Council on second reading on Monday, April 3, 2000, and will be in full force and effect ten days following the date of its second reading. Sincerely,~~, ~,~ d Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: 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 Chades M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner C:hMyFil~:n'il3.w~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of Apr±l, 2000. No. 34731-040300. AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, Robert Young filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on March 20, 2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public tight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public tight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain ten-foot wide alleyway running parallel with Carver Avenue, N.W., and running adjacent to lots beating Official Tax Map Nos. 2041325 through 2041335, inclusive, and 2041341 on the south and property beating Official Tax Nos. 3070316 and 3070301 on the north, for a distance of approximately 500 feet, be, and is hereby permanently vacated, discontinued and closed, and that all tight 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 tight to include the tight 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 2 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:\OR.D-CLOS\O-CIo$-Young-PH-3 -20-00 4 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (1540) 853-2344 (Fax) 853-1230 COUNCIL PUBLIC HEARING DATE: March 20, 2000 Toz From: Subject: Backaround: Honorable Mayor. David A. Bowers and Members of City Council Melvin E.~Flill, Chair-rdari, Ro-~dbke City Planning Commission Request from Robert Young that a ten foot wide alleyway running parallel with Carver Avenue, N.W., and running adjacent to lots bearing Official Tax Nos. 2041325 through 2041335, inclusive, and 2041341 on the south and property bearing Official Tax Nos. 3070316 and 3070301 on the north, for a distances of approximately 500 feet, be permanently vacated, discontinued and closed. Mr. Young owns a towing and recovery service that was previously located in southeast Roanoke and moved to the Carver Avenue site in 1997. The petition to close the existing, unpaved alley was initially filed with the City in September, 1998, but was tabled by the Planning Commission at the request of the petitioner because of pending litigation regarding a zoning and land use matter for the property on Carver Avenue. The litigation has now been resolved and the applicant desires to proceed with his alley closure request. Application states that Mr. Young desires to use the alley for personal use. Application was reviewed by the Planning Commission at its regular meeting of February 2, 2000. No opposition to the request was expressed in the course of the meeting. Considerations: Alley is a landlocked, undeveloped public right-of-way that has remained in an idle and unproductive status for many years. Designation of its purpose as a public right-of-way on City maps and in City records provides no benefit to the City or the applicant as abutting property owners. The standard issues that most frequently arise in the closure and vacation of streets and alleys are issues such as the effect that the closure will have on the neighborhood, traffic, public utilities, creating dead-ends, land use, and the City's comprehensive plan. In this instance, with the exception of public utilities, none of the remaining standard issues would have any application in this closure. The City will, however, retain all appropriate easements for public and private utilities. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Recommendation: Planning Commission by a vote of 5-0 (Messrs. Hill and Manetta absent) recommends that City Council approve the applicant's request to close and permanently vacate the described section of public alley, as defined by the attached survey plat, prepared by LMW, P.C., Engineering, Architecture, Surveying, dated July 10, 1998, subject to the following conditions: The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record it with the Clerk of the Circuit Court for the City of Roanoke; said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law. Said plat shall retain 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. Upon meeting all other conditions to the granting of the application, the applicant shall deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation 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 required by the Clerk to effect such recordation. Co Do Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Attachments cc: Assistant City Attorney Agent for the Applicant 2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 September 4, 1998 File #514 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Robert Young requesting that a ten foot wide unused alley, beginning on the eastern right-of-way line of Interstate 581, as more fully described on a map attached to the application, 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 Mr. Robert Young, 210 Carver Avenue, Roanoke, Virginia 24012 ~l~velyn S. Landers, Acting Chief, Planning and Community Development artha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VVillard N. Claytor, Director, Real Estate Valuation H:\CORRESPOtYOUNG.WPD :,"ICE .57 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of Robert Young for vacation of ALLEY APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Robert Young, applies to have 10 foot wide unused alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the Exhibit "A" Sketch and plat attached and as follows: BEGINNING AT AN IRON PIN ON THE EASTERN RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY ROUTE NO. 581, SAID IRON PIN BEING THE SOUTHWEST CORNER OF LAND OF THE CITY OF ROANOKE AND BEING THE POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE WITH THE NORTHERN RIGHT-OF- WAY LINE OF A 10 FOOT ALLEY; THENCE WITH THE NORTHERN RIGHT-OF-WAY LINE OF SAID ALLEY S 70' 20' 00' E 554.80 FEET TO AN IRON PIN CORNER TO AN ALLEY VACATED, DISCONTINUED AND CLOSED IN ROANOKE COUNTY SUPERVISORS BOOK 9 PAGE 156; THENCE WITH THE EASTERN END OF SAID 10 FOOT ALLEY S 43' 02' 00' W 10.89 FEET TO AN IRON PIN CORNER TO SAID ALLEY AND LAND OF ROBERT YOUNG; THENCE WITH THE SOUTHERN RIGHT-OF- WAY LINE OF SAID ALLEY N. 70° 20' 00 W 548.08 FEET TO THE POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE WITH THE AFORESAID EASTERN RIGHT-OF-WAY LINE OF INTERSTATE NO. 581 CORNER TO LAND OF ROBERT YOUNG; THENCE WITH SAID RIGHT-OF-WAY LINE OF INTERSTATE N° 581 N 6° 12' 28" E TO THE PLACE OF BEGINNING. Robert Young states that the grounds for this application are as follows: 1) All landowners whose property adjoins the property to be vacated have been notified and am in agreement with this application. 2) The property to be vacated is presently unused. 3) The applicant desires to use the property to be vacated for personal use. WHEREFORE, Robert Young respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Res ,pec_~ly /" su ,b._mitted, ~- ,~'~' ,~-"/ 4," ', Robe~ Yo~Ii3~_',~/' Date Robert Young 210 Carver Avenue Roanoke, VA 24012 982-3809 SURvE~D PROPEPTY mINE 0EED LINE SET REBAR EXISTINO IRON FOUND INT£RsT~TE VICINITY MAP NO ~581 R/w FO~JND 3.15 AC. ROBERT YOUNG 4.3'02'00" W 10.89' EXHIBIT "A" SKETCH 0£ PROPOSED ALLEY CLOSING FOR ROBERT YOUNG CITY OF ROANOKE, V£RG/NI.4 i-'"-": J'."_¥ '.3. '99~ ~'.".? Alley Requested For Closing I , I MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 1,2000 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. Robert Young 210 Carver Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Young: 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, March 20, 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 your request that a ten foot.wide alleyway running parallel with Carver Avenue, N. W., and running adjacent to lots identified as Official Tax Nos. 2041325 - 2041335, inclusive, and 2041341 on the south and property identified as Official Tax Nos. 3070316 and 3070301 on the north, for a distance of approximately 500 feet, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance, and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi: Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the March 20 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 Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue $ Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 COUNCIL PUBLIC HEARING DATE: March 20, 2000 To: From: Subject: Honorable Mayor. David A. Bowers and Members of City Council Melvin L.~Hill, Chair-rdari, R-o-~/'~bke City Planning Commission Request from Robert Young that a ten foot wide alleyway running parallel with Carver Avenue, N.W., and running adjacent to lots bearing Official Tax Nos. 2041325 through 2041335, inclusive, and 2041341 on the south and property bearing Official Tax Nos. 3070316 and 3070301 on the north, for a distances of approximately 500 feet, be permanently vacated, discontinued and closed. Back,qround: Mr. Young owns a towing and recovery service that was previously located in southeast Roanoke and moved to the Carver Avenue site in 1997. The petition to close the existing, unpaved alley was initially filed with the City in September, 1998, but was tabled by the Planning Commission at the request of the petitioner because of pending litigation regarding a zoning and land use matter for the property on Carver Avenue. The litigation has now been resolved and the applicant desires to proceed with his alley closure request. Application states that Mr. Young desires to use the alley for personal use. Application was reviewed by the Planning Commission at its regular meeting of February 2, 2000. No opposition to the request was expressed in the course of the meeting. Considerations: Alley is a landlocked, undeveloped public right-of-way that has remained in an idle and unproductive status for many years. Designation of its purpose as a public right-of-way on City maps and in City records provides no benefit to the City or the applicant as abutting property owners. The standard issues that most frequently arise in the closure and vacation of streets and alleys are issues such as the effect that the closure will have on the neighborhood, traffic, public utilities, creating dead-ends, land use, and the City's comprehensive plan. In this instance, with the exception of public utilities, none of the remaining standard issues would have any application in this closure. The City will, however, retain all appropriate easements for public and private utilities. Roanoke City Planning Commission Architectural Revie~v Board Board of Zoning Appeals Recommendation: Planning Commission by a vote of 5-0 (Messrs. Hill and Manetta absent) recommends that City Council approve the applicant's request to close and permanently vacate the described section of public alley, as defined by the attached survey plat, prepared by LMW, P.C., Engineering, Architecture, Surveying, dated July 10, 1998, subject to the following conditions: Co Do The applicant shall submit a subdivision plat to the Agent for the Planning Commission, receive all required approvals of, and record it with the Clerk of the Circuit Court for the City of Roanoke; said plat shall combine all properties which would otherwise be landlocked by the requested closure, or otherwise dispose of the land within the right-of-Way to be vacated in a manner consistent with law. Said plat shall retain 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. Upon meeting all other conditions to the granting of the application, the applicant shall deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation 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 required by the Clerk to effect such recordation. Upon recording a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the applicant shall file with the Engineer for the City of Roanoke, the Clerk's receipt, demonstrating that such recordation has occurred. If the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then said ordinance shall be null and void with no further action by City Council being necessary. Attachments cc: Assistant City Attorney Agent for the Applicant 2 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 September 4, 1998 File #514 SANDRA H. EAKIN Deputy City Clerk Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Robert Young requesting that a ten foot wide unused alley, beginning on the eastern right-of-way line of Interstate 581, as more fully described on a map attached to the application, be permanently vacated, discontinued and closed. Sincerely,f~~). Mary F. Parker, CMC/AAE City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Robert Young, 210 Carver Avenue, Roanoke, Virginia 24012 ~l~velyn S. Landers, Acting Chief, Planning and Community Development artha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director, Real Estate Valuation H:~,CORRESPO~YOUNG.W~D ',"'!CE' .57 °98 "':" 11 o?:57 '98 '' -~ :":- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Robert Young for vacation of ALLEY APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY MEMBERS OF COUNCIL: Robert Young, applies to have 10 foot wide unused alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and'Section 30-14, Code of the City of Roanoke (1979), as amended. This alley is more particularly described on the Exhibit 'A' Sketch and plat attached and as follows: BEGINNING AT AN IRON PIN ON THE EASTERN RIGHT~3F-WAY LINE OF INTERSTATE HIGHWAY ROUTE NO. 581, SAID IRON PIN BEING THE SOUTHWEST CORNER OF LAND OF THE CITY OF ROANOKE AND BEING THE POINT OF INTERSECTION OF SAID RIGHT-OF-WAY MNE WITH THE NORTHERN RIGHT-OF- WAY LINE OF A 10 FOOT ALLEY; THENCE WITH THE NORTHERN RIGHT~)F-WAY MNE OF SAID ALLEY S 70' 20' 00' E 554.80 FEET TO AN IRON PIN CORNER TO AN ALLEY VACATED, DISCONTINUED AND CLOSED IN ROANOKE COUNTY SUPERVISORS BOOK 9 PAGE 156; THENCE WITH THE EASTERN END OF SAID 10 FOOT ALLEY S 43' 02' 00" W 10.89 FEET TO AN IRON PIN CORNER TO SAID ALLEY AND LAND OF ROBERT YOUNG; THENCE WITH THE SOUTHERN RIGHT-OF- WAY LINE OF SAID ALLEY N. 70° 20' (30 W 548.08 FEET TO THE POINT OF INTERSECTION OF SAID RIGHT-OF-WAY LINE WITH THE AFORESAID EASTERN RIGHT-OF-WAY LINE OF INTERSTATE NO. 581 CORNER TO LAND OF ROBERT YOUNG; THENCE WITH SAID RIGHT-OF-WAY LINE OF INTERSTATE N° 581 N 6' 12' 28" E TO THE PLACE OF BEGINNING. Robert Young states that the grounds for this application are as follows: 1) All landowners whose property adjoins the property to be vacated have been notified and are in agreement with this application. 2) The property to be vacated is presently unused. 3) The applicant desires to use the property to be vacated for personal use. WHEREFORE, Robert Young respectfully requests that the above described alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with the Virginia Code Section 15.1-364 and Section 30.14, Code of the City of Roanoke (1979), as amended. I/ " " / "-'/'"' .,"L.,.%' "~.'~ ". ,-/' ,.,~ x... , ,/ ,,/ ~ ~/ -- "--'/'~,? .5 .;'~/- 5~/ Date Robert Young 2[0 Carver Avenue Eoanoke, VA 240[2 982-3809 0 [X~STiNG ~RON ~'OuND t Lm:b - 60 ~tl. iNTERSTATE VICINITY MAP NO $¢AL£ #58~ .~/w ~,0~. ~JNO 3.15 ROBERT AC. YOUNG / -S 43'02'00' W 10.89' ENGINEERING. ARCHITECTURE ' SURVEYING ~ (540) 34G-Oe?5 tO2 M~ AYE. S'.E. FAX (540) 342-4456 ROANOKE, V~RGIIqIA 240t3 EXHIBIT ",4" SKETCH OF PROPOSED ALLEY CLOSING FOR ROBERT YOUNG CITY OF ROANOKE, VIRGLVI.4 -:-:. ..... .~ .3~. ~iTY SE~¥1¢E -- ~ ~.,r:'-N,T~i~ _ Alley Requested For Closing - ~.,i, ~'~ Z ~ ~ ~ Z~ ~ ~ ~-~~ z~".~ '". ~- ~:'.~ z MAP A The Roanoke Times Roanoke, Virginia Affidavit of Publication '00 H~ 16 ~11:52 The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 01365354 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: PUBLISHED ON: 03/02 03/09 TOTAL COST: 166.50 FILED ON: 03/15/00 ......... .................... NOTICE OF PUBUC HEARING TO_WHOM ~1' MAY CONCERN: ~ Council of the City of Roanoke will hold a Public Heming on Monday, March 20, 2000, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Cham- ber in the Municipal Building, 215 Church Avenue, S. W., on an application to permanently abandon, vacate, dl~xz~dnue and ¢1o~0, to the extent the T~hat certain ten*foot wicle alle~j ruanln~ Imra~ Ca~r Avenue, #,W., and run- nln~ adjaoent to Io~ Official T~ ~ N~. 304~325 and ~04~34~ on U~e ~outh and properbj beadn~ Official Tax No~. 30703~ and 3070301 on the north~ for a cllstance of A ~ of ~ prolm~l is avail- al~ for pubil~ In~pectiofl In the 4~, Mullie. i~ll B~kll~l~. All pmUe~ in Intee~t may on the above date. and be GIVEN 'und~ my hand this 2nd . MII~ F. P8d~', I(13653~) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, March 20, 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: That certain ten-foot wide alleyway running parallel with Carver Avenue, N.W., and running adjacent to lots bearing Official Tax Map Nos. 2041325 through 2041335, inclusive, and 2041341 on the south and property bearing Official Tax Nos. 3070316 and 3070301 on the north, for a distance of approximately 500 feet. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2nd day of l~arch ,2000. Mary F. Parker, City Clerk. H:\NOTICEhNC-Young-PH-3 -20-00 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 April 6, 2000 File #514 SANDRA H. EAKIN Deputy City Clerk Katina M. Cummings, Project Coordinator Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Cummings: I am enclosing copy of Ordinance No. 34732-040300 permanently vacating, discontinuing and closing a certain alley which extends easterly from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, March 20, 2000, also adopted by the Council on second reading on Monday, April 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~ Mr. John Scott Stephens, 1316 S. Jefferson Street, Roanoke, Virginia 24016 Mr. William David Price, 1316 S. Jefferson Street, Roanoke, Virginia 24016 Blue Eagle Partnership, cio Mr. Calvin Powers, P. O. Box 12068, Roanoke, Virginia 24022 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 C: hMy Fil ea k~m'il 3. wpd Katina M. Cummings April 6, 2000 Page 2 pc: Charles M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner C :'~My Fil ~kapril3 .wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34732-040300. AN ORDINANCE permanently vacating, discontinuing and closing certain public fight-of-way in the City of Roanoke, Virginia, as more particularly described hereinafter. WHEREAS, the Roanoke Redevelopment and Housing Authority filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on March 20, 2000, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public fight-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public fight-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That certain portion of an alley as the same extends in an easterly direction from First Street, N.W., between Wells and Centre Avenues, N.W., for a distance of approximately 247 feet, be, and is hereby permanently vacated, discontinued and closed, and that all fight 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 fight 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; 2 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-Clos-RRHA-PH-3 -20-00 4 E Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, Roanoke, Virginia 24011 (540) 853-2344 (Fax) 853-1230 Council Public Hearing Date: March 20, 2000 To: From' Honorable Mayor David A. Bowers and Members of City Council Subject: Application of the Roanoke Redevelopment and Housing Authority, (RRHA) to close and permanently vacate a portion of a certain public alley as the same extends in an easterly direction from First Street N.W., between Wells Avenue and Centre Avenue N.W., for a distance of approximately 247 feet. Background: Section of public alley as requested for closure is located on the east side of First Street N.W., approximately 110' feet south of the intersection of First Street and Wells Avenue(see attached map A ). Application is beinq made in connection with current and on-going needs of the Henry Street Proiect. It is a customary process for the RRHA, to acquire programmed and targeted properties for an endeavor such as the "Henry Street Project" and return to the city at a later date to close and vacate all necessary public Rights-of-way. Henry Street Project has been in the City's discussion and long-range planning arena for many years now. Preliminary work activities have recently commenced and public rights-of-way need to be "cleaned up" i.e., closed, vacated or realigned to fit the future needs of Henry Street Plan (see attached plan). Application does not advise as to whether the applicant has made prior contact with other abutting property owners on the filing of this application. This may be an inadvertent oversight on the applicant's part. Application was reviewed by the Planning Commission at its regular meeting of February 2, 2000. No public comments in opposition to the requested closure were expressed in the course of the meeting. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: Issues that routinely arise as a result of street or alley closures are considerations such as the effect that such a closure would have on; the immediate neighborhood; traffic or traffic needs in the area; utilities within the right-of-way; dead-ending of streets or alleys; and the city's comprehensive plan. Development of the Henry Street Project will have a positive effect on the Gainsboro neighborhood. Traffic and traffic needs in the area will not be affected and easements will be retained for any utilities that may be located in the right-of-way. The scope of the Henry Street Project will presently eliminate the remainder of this alley system thereby preventing the creation of a dead end alley. Closure and vacation of the subject alley for the purpose of providing for the development ora city-sponsored long-range plan would be consistent with the intent of the city's comprehensive plan. Recommendation: Planning Commission, by vote of 4-0 (Messrs. Hill and Manetta absent), recommends that City Council approve the applicant's request to close and permanently vacate the described section of public alley, subject to the following conditions: The applicant shall submit to the Agent for the Planning Commission, 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. Bo 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 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. C° 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, 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. D. If the above conditions have not been met within a period of twelve months 2 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 attachments cc: Assistant City Attorney Petitioner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W, Room 456 Roanoke. Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 December 10, 1999 File #514 SANDRA H. EAKIN Deputy City Clerk Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Katina M. Cummings, Project Coordinator, Roanoke Redevelopment and Housing Authority, requesting that a certain alley (Jordan alley), which extends eastedy from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet, be permanently vacated, discontinued and closed. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Katina M. Cummings, Project Coordinator, Roanoke Redevelopment & Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator ~a P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Chades M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H:~STREET98MORDAN.WPD '99 []CC;-8 P2:34 ~RF_,: ) ) Application for The'Roanoke Redevelopment ) And Housing Authority for vacation of Jordan ) Alley ) APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF JORDAN ALLEY MEMBERS OF COUNCIL: The Roanoke Redevelopment & Housing Authority, by The City of Roanoke Planning Commission, applies to have Jordan Alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1- 364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This Jordan Alley is more particularly described on the map attached and as follows: The alley which is the subject of this request is shown as slash marks on the portion of the City of Roanoke Appraisal Map No. 201 attached hereto as Exhibit A, and is more particularly described as that certain alley that runs easterly from First Street, NW between Wells Avenue and Centre Avenue for a distance of approximately 247 feet. The Roanoke Redevelopment & Housing Authority states that the grounds for this application are as follows: 1) The property to be vacated, discontinued and closed is the east/west entries that are not in use at this time and are narrow, inaccessible, and unusable for vehicular traffic or maintenance vehicles such as trash collection. 2) The applicant, in a public private partnership with the Roanoke Neighborhood Development Corporation, desires to use the property to be vacated for redeveloping the downtown Henry Street area. This plan includes a 47,000 square foot office building that will employ approximately 150-200 workers for service oriented agencies. A convenience store/deli shop named the Caboose will be also be a new comer to the Henry Street area. A retail gas station will also be part of the "new" Henry Street. Occupants, workers, and visitors will not have to go outside of this newly rehabilitated area because all conveniences will be within the immediate area. The City of Roanoke has a remarkable role in the redevelopmem of downtown Henry Street. An estimated $500,000.00 of CD~G funds have been requested and terms are being negotiated for project funding. First Union Bank has issued a letter of intent to provide additional funding for the Henry Street project. The City of Roanoke also has a role of helping to staffthe Crew Suites Office Building with service oriented agencies. WHEREFORE, The Roanoke Redevelopment & Housing Authority respectfully requests that the above described Jordan Alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30- 14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Katina M. Cummings Project Coordinator Roanoke Redevelopment & Housing Authority 540-983-9204 December 8, 1999 /OUISIANNA GREE ROANOKE MEMORIAL HOSPITAL Location / / L~ SECTION OF ALLEY ;LOSE& FOR VACAT ~_...m,z_, __,,.~ .,, ., ~6: .... z~'~'~~ ....j=l~ ' 2013010 '~' ~ff~4~ .. -. ot :4 REQUESTED 21 2013009 23 I ~.0. O ~:..:. ' .. '..,e- ' ~;.. /~ o s '9' ~::'"" '":'-'7~" ':*' NWI : ~'"":' . "? " ~! ~ i 'SHENANDOAH AVE. ~~ o l~.: .:--- -' . .... .,-..' .... I'- _> ;! ~. .' .....' MAP A Roanoke City Department of Planning and Community Development 215 Church ~ ..en'.Je, SW Roanoke './irginio 24011 (540) 853-2344 (:ax) 853-i 230 Council Public Hearing Date: March 20, 2000 To: From: Honorable Mayor David A. Bowers and Members of City Council Mel~n~'~C'~rman~, o~anoke City Planning Commission Subject: Application of the Roanoke Redevelopment and Housing Authority, (RRHA) to close and permanently vacate a portion of a certain public alley as the same extends in an eastedy direction from First Street N.W., between Wells Avenue and Centre Avenue N.W., for a distance of approximately 247 feet. Background: Section of public alley as requested for closure is located on the east side of First Street N.W., approximately 110' feet south of the intersection of First Street and Wells Avenue(see attached map A ). Application is being made in connection with current and on-qoing needs of the Henry Street Project. It is a customary process for the RRHA, to acquire programmed and targeted properties for an endeavor such as the "Henry Street Project" and return to the city at a later date to close and vacate all necessary public Rights-of-way. Henry Street Project has been in the City's discussion and Ion.q-ranae Dlanninu arena for many years now. Preliminary work activities have recently commenced and public rights-of-way need to be "cleaned up" i.e., closed, vacated or realigned to fit the future needs of Henry Street Plan (see attached plan). Application does not advise as to whether the applicant has made prior contact with other abutting property owners on the filing of this application. This may be an inadvertent oversight on the applicant's part. Application was reviewed by' the Planning Commission at its regular meeting of February 2, 2000. No public comments in opposition to the requested closure were expressed in the course of the meeting. Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals Considerations: Issues that routinely arise as a result of street or alley closures are considerations such as the effect that such a closure would have on; the immediate neighborhood; traffic or traffic needs in the area; utilities within the right-of-way; dead-ending of streets or alleys; and the city's comprehensive plan. Development of the Henry Street Project will have a positive effect on the Gainsboro neighborhood. Traffic and traffic needs in the area will not be affected and easements will be retained for any utilities that may be located in the right-of-way. The scope of the Henry Street Project will presently eliminate the remainder of this alley system thereby preventing the creation of a dead end alley. Closure and vacation of the subject alley for the purpose of providing for the development of a city-sponsored long-range plan would be consistent with the intent of the city's comprehensive plan. Recommendation: Planning Commission, by vote of 4-0 (Messrs. Hill and Manetta absent), recommends that City Council approve the applicant's request to close and permanently vacate the described section of public alley, subject to the following conditions: Ao The applicant shall submit to the Agent for the Planning Commission, 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. 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 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. Co 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, 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. D. If the above conditions have not been met within a period of twelve 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 attachments cc: Assistant City Attorney Petitioner MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 Roanoke. Virginia 2401 I- 1536 Telephone: 15401 853-2541 Fax: i540) 853-1145 DeCember 10, 1999 File #514 SANDRA H. EAKIN Deputy City Clerk Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: Pursuant to Section 30-14, Procedure for altedng or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Katina M. Cummings, Project Coordinator, Roanoke Redevelopment and Housing Authority, requesting that a certain alley (Jordan alley), which extends eastedy from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet, be permanently vacated, discontinued and closed. MFP:Io Sincerely, Mary F. Parker, CMC/AAE City Clerk Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Katina M. Cummings, Project Coordinator, Roanoke Redevelopment & Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Evelyn S. Lander, Chief, Planning and Community Development Evelyn D. Dorsey, Zoning Administrator t.~MaTr~a P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Chades M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney J. Thomas Tasselli, Development Review Coordinator Ted Tucker, City Planner H :~TREET~J~JO RD~I.W~O mECEtYED coLrNc% CZT ' '99 []CO-8 P2:34 Application for The 'Roanoke Redevelopment And Housing Authority for vacation of $ordan Alley APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF JORDAN ALLEY MEtvfl3ERS OF COUNCIL: The Roanoke Redevelopment & Housing Authority, by The City of Roanoke Planning Commission, applies to have Jordan Alley, in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1- 364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This Jordan Alley is more particularly described on the map at~ached and as follows: The alley which is the subject of this request is shown as slash marks on the portion of the City of Roanoke Appraisal Map No. 201 attached hereto as Exhibit A, and is more particularly describ~ as that certain alley that runs easterly fxom First Street, NW between Wells Avenue and Centre Avenue for a distance of approximately 247 feet. The Roanoke Redevelopment & Housing Authority states that the grounds for this application are as follows: 1) The prolm'ty to be vacamd, discontinued end closed is the east/west entries that are not in uae at this time and are narrow, inaccessible, and unusable for vehicular tral~c or maintenance vehicles such as U'ash collection. 2) The applicant, in a public private parmership with the Roanoke Neighborhood Development Corporation, desires to uae the property to be vacated for redeveloping the downtown Henry Stxeet area. This plan includes a 47,000 square foot office building that will employ approximately 150-200 workers for senrice oriented agencies. A convenience store/deli shop named the Caboose will be also be a new comer to the Henry Street area. A retail gas station will also be part of the "new" Henry Street. Occupants, workers, and visitors will not have to go outside of this newly rehabilitated area because all conveniences will be within the immediate area. The City of Roanoke has a remarkable role in the redevelopment of downtown Henry Street. An estimated $500,000.00 of CD~G funds have been requested and terms are being negotiated for project funding. First Union Bank has issued a letter of intent to provide additional funding for the Henry Street project. The City of Roanoke also has a role of helping to staff the Crew Suites Office Building with service oriented agencies. WHEREFORE, The Roanoke Redevelopmem & Housing Authority respectfully requests that the above described Jordan Alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30- 14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, Katina M. Cummings Project Coordinator Roanoke Redevelopment & Housing Authority 540-983-9204 December 8, 1999 ~¥000 MEMO~IA& Location / / SECTION OF ALLEY ;LOSEo' '~*.e? FOR VACAT REQUESTED 1 Z 'ii -': 'SHENANDOAH AVE. a MAP A MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 1,2000 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. John Scott Stephens Mr. William David Price Blue Eagle Partnership c/o Mr. Calvin Powers 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, March 20, 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 Roanoke Redevelopment and Housing Authority, that a certain alley which extends easterly from First Street; N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet, 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 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 Community Development at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 1,2000 File #514 SANDRA H. EAKIN Deputy City CLerk Katina M. Cummings, Project Coordinator Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Ms. Cummings: 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, March 20, 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 Roanoke Redevelopment and Housing Authority, that a certain alley which extends eastedy from First Street, N. W., between Wells Avenue and Centre Avenue for a distance of approximately 247 feet, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance, and a report of the City Planning Commission. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning and Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the March 20 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 The Roanoke Times Roanoke, Virginia Affidavit of Publication '~0 H~ 16 1:53 The Roanoke Times ROANOKE REDEVELOPMEN ATTN.: KATINA M. CUM P.O.BOX 6359 ROANOKE VA 24017 REFERENCE: 80022420 01365448 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: PUBLISHED ON: 03/02 03/09 TOTAL COST: 148.00 NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will 'hold a Public P, eadng on Monday, March* 20, 2000, at 7:00p.m., or as soon be heard, in the Council Cham- ber in the Municipal Building, 215 Chul~l Avenue, S. Wo, on an appllcat]ofl ~o pmnlmlentJy abandon1, vacste, discontJllue ~owmg ~uZ~ That certain Ixxtlon of ~n alley as the same e~ends in an eastedy direction from .First Street, N. W., between Wells and Centre Avenues, N.W., for a distance of approximately 247 feet. A copy of this proposal is avail- able ~m' public inspec~on in the Office of the City Cled~ Room 456, Municipal 'Building. Ail parties in interest may appear on the above date and b~ GIVEN under my hand this 2nd day ~f Man:h, 2000. Mapj F. Parker, (1365448) NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, March 20, 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 right-of-way, the following public right-of-way: That certain portion of an alley as the same extends in an easterly direction from First Street, N.W., between Wells and Centre Avenues, N.W., for a distance of approximately 247 feet. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 2nd day of l~arch ,2000. Mary F. Parker, City Clerk. H:XNOTICE~qC-RRHA-PH-3-20-00 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 7, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: I am enclosing copy of Ordinance No. 34733-040300 rezoning a parcel of land containing 2.34 acres, more or less, located at 4902 Frontage Road, N. W., identified as Official Tax No. 6490804, from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions contained in the Second Amended Petition filed in the City Clerk's Office on March 6, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, March 20, 2000, also adopted by the Council on second reading on Monday, April 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: Ms. Ann S. Shannon, 4888 Frontage Road, N. W., Roanoke, Virginia 24019 Mr. and Mrs. Clay Dawson, 3720 Laurel Ridge Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. William White, 3698 Partridge Lane, N. W., Roanoke, Virginia 24017 Mr. J. B. Obenchain, Jr., WHO Enterprises, 4932 Frontage Road, N. W., Roanoke, Virginia 24019 Overnight Transportation Co., Attn: Tax Department, P. O. Box 1216, Richmond, Virginia 23218 C:\MyFileCapril3.wlxl Edward A. Natt April 6, 2000 Page 2 pc: Truck Enterprises, Inc., P. O. Box 472, Harrisonburg, Virginia 22801 Krishna Enterprises, Inc., cio Mr. Sonny Sham, 1927 Franklin Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Glenver Layman, 3812 Peters Creek Road, N. W., Roanoke, Virginia 24019 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 J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner C:~yFil~g~ril3.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34733-040300. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Emergency Veterinary Services of Roanoke, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-1, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions 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 March 20, 2000, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 649 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain parcel of land containing 2.34 acres, more or less, located at 4902 Frontage Road, N.W., and designated on Sheet No. 649 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 6490804, be, and is hereby rezoned from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on March 6, 2000, and that Sheet No. 649 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD-RF.Z~O- EmVetServ-3-20.00 HARTERED 1~882~ 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 Council Public Hearing Date: March 20, 2000 To: From: Subject: Honorable Mayor David A. Bowers and Members of City Council Melvm~L-~~~, Roanoke City Planning Commission Request from Emergency Veterinary Services of Roanoke, Inc., represented by Mr. Ed Natt, Attorney, to rezone approximately 2.35 acres of land located at 4902 Frontage Road, and identified as Official City Tax Number 6490804, from RS-l, Residential Single Family, to C-2, General Commercial District, such rezoning subject to certain proffered conditions. Background: The purpose of the rezoninq request is to redevelop the existing residential property and construct a new building for an emergency veterinary clinic. The proffered conditions for the rezoninq request are: (a) (b) (c) The property be developed in substantial conformity with the revised development plan for Emergency Veterinary Services of Roanoke, Inc., prepared by Caldwell White Associates, under date of December 21, 1999, and revised January 7, 2000, attached hereto as Exhibit 2 and made part hereof, subject to any changes that may be required by the City during development plan review. Exhibit 2 notwithstanding, no more than eight (8) parking spaces shall be provided in the rear (southern side) of the new building. Use of the property will be limited to veterinary clinics with no outside corrals or pens. Signage will conform to the requirements of C-1 zoning district signage requirements. (d) The building will be a metal frame building with a stucco exterior in substantial conformity a rendering attached hereto as Exhibit 5 and made a part hereof, subject to any changes that may be required by the City during the development plan review. The Planninq Commission public hearinq was held on February 2, 2000. The Planning Commission voted 3-0-1 to approve the rezoning request subject to proffered conditions. Mr. Charles Whitescarver (WHO Enterprises, 4932 Frontage Road) noted that he had 35 Roanoke Cily Planning Commission Architectural Review Board Board of Zoning Appeals employees who liked to eat outside during the warm weather and would like to see some buffering between his property and the clinic. Ms. Ann Shannon (4888 Frontage Road) had questions regarding grading and storm water management for the proposed development. Issues: Zoninq of the subject property is currently residential. Adjacent properties are zoned for residential (east and south) and commercial (west and north). There is an existing deteriorated house on the property. The adjacent property was rezoned from residential to conditional C-1 for an office in 1986. The previous rezoning request was controversial in that adjacent residential property owners were concerned about the buffering of commercial uses and encroachment into the residential area, as well as concerns with storm water management. Land use of the property is proposed for a veterinary clinic Such uses are only permitted in a C-2, General Commercial District. All animal pens or runs must be located within an enclosed building. Frontage Road is proposed for improvement in the near future to permit vehicular access for a new industry near Hershberger Road. The existing road curves at the subject property and may require that adjustments be made to the proffered development plan in order to provide for adequate and safe sight distance. Frontage Road intersects with Peters Creek Road. Development Plan for the proposed project is a proffered condition that can be revised to meet city regulations relative to storm water management, traffic access, etc. At present, the proposed plan for development maintains the existing vegetation in the rear of the property and provides additional landscaping. Neighborhood is not formally organized, but residents and adjacent businesses are active in development matters. The proposed development was been discussed with some property owners at a meeting on January 28, 2000. Recommendation: Planning Commission, by a vote of 3-0-1(Mrs. Duerk and Messrs. Hill and Manetta were not present for the vote and Mr. Rife abstained from vote and discussion on the matter due to a possible conflict of interest) recommends approval of the rezoning request subject to the aforementioned proffered conditions. CC: Assistant City Attorney Talevi Attorney for the Petitioner 2 STERHOUDT, FERGUSON, ~IATT, AHERON & AGEE ATTO R N EYS-AT-LAW ROANOKE, VIRGINIA 24010-1699 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a parcel of land containing 2.35 acres, more or less, designated as Tax Map No. 6490804, known as 4902 Frontage Road, from RS-1 Residential Single Family District to C-2 General Commercial District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Emergency Veterinary Services of Roanoke, Inc., a Virginia corporation, is the contract purchaser of land in the City of Roanoke containing 2.35 acres, more or less, located at 4902 Frontage Road (Tax Map No. 6490804), said tract being currently zoned RS-I, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-I, Residential Single Family District to C-2 General Commercial District subject to certain proffered conditions for the purpose of construction of a veterinary clinic on the subject property. 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 enable a parcel of land located on Frontage Road to be used for commercial purposes as other properties in the area are so utilized. -- Attached as Exhibit "2" is the revised comprehensive site plan which includes a plat. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property ~TERHDUDT, FERGUSDN, ~ATT, AHERDN & AGEE ATTDRN£YG-AT-LAW RGANGKE, VIRGINIA 24018-1699 to be rezoned. The Petitioner voluntarily admits the following proffers to be included as a part of the rezoning request: (a) The property will be developed in substantial conformity with the revised development plan for Emergency Veterinary Services of Roanoke, Inc., prepared by Caldwell White Associates, under date of December 21, 1999, and revised January 7, 2000, attached hereto as Exhibit 2 and made a part hereof, subject to any changes that may be required by the City during development plan review. Exhibit 2 notwithstanding, no more than eight (8) parking spaces shall be provided in the rear (southern side) of the new building. (b) Use of the property will be limited to veterinary clinics with no outside corrals or pens. (c) Signage will conform to the requirements of C-1 zoning district signage requirements. (d) The building will be a metal frame building with a stucco exterior in substantial conformity a rendering attached hereto as Exhibit 5 and made a part hereof, subject to any changes that may be required bt the City during the development plan review. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ,~,f"'7'~ day of February, 2000. 2 5TERHOUDT, ;ERGUSDNo ,IATT, AHERON & AGEE ATTO R N EYS-AT'LAW ROANOKE, VIRGINIA 24rllrl-1699 Property Owner: Contract Purchaser: caroBzoning\Emcr Vet 2~ AMD PET · Beverly F.tMit~:hell- EMERGENCY VETERINARY SERVICES OF ROANOKE, INC., a Virginia corporation BY ITS riAHI~ LI o'r, ,,'rT', AHIIROI4 G A?Tfl II N ZT ! IIOANOXl. VtRnl NI.A J,4nll-~li! Fropen~ Ov~r: Contr~t Beverly F. Mitchell EM. KRGE~CY V'ETER~ARY SERVICES OF ROAnOKe., rNC., TOTAL P. i. EXHIBIT I ~ COflDITIOHAL / ~a ~ 'd ~ ,,,11'¢ Rf;Z:ONI:O 11" / / / / / [,EGAg DESCR~TI:ON BEGDINING at a point on the southerly side of the Frontage Road at the southwesterly quadrant o f the Peters Creek Road, Route 5g I inter~ection; said point being at the northwest comer of the property of WHO Enterprises (Tax Map No. 6490805 - Deed Book 1895, Page 13,.~t); thence with the Frontage Road N. 43° 01' 38" E. 110.08 feet to a point; thence with a curve to the right having a chord beax/aag and distance of N. 68° 58' 35" E. 211.90 feet, a distance of 214..5 feet to a point at the northwest comer of Official Tax Map No. 6490803, the property of Ann M. Shannon; thence with the same S. 30° 30' 00" E. 274.89 feet to a point; thence S. 53° 10' 00" W. 335.90 feet to a point; thence N. 27° 00' 00" W. 3 I5.73 feet to the point and place of BEGD~'N'IN'G; and containing 2.35 acres. AD$OINING PROPERTY OWNER LISTh-~G Address ofSubiect Provertv: Applicant's Name: 4902 Frontage Road Emergency Veterinary Services of Roanoke, Inc. AD/tOINiNG'PROPERTY OWNERS This list az follows are those property owuer~ who ow~/prop .er?y beside, behind or across the street ~'om the subject property noted above: Ot~cial Tax Number 6490803 6490107 6490105 6490805 37.07-I-7 37.07-i-I0 cnw oF Own~s Name and MaiI/ng Address Ann M. Shannon 4888 Frontage Road Roanoke, VA 24019 Clay L. and Mary' lA Dawson 3720 Laurel Ridge Road Roanoke, VA 24017 WHIiam, Sr. and loyce W. White 3698 Partridge Lane Roanoke, VA 24017 WHO Enterprises Arm: .l'. B. Obenchain, Jr. 4932 Frontage Road Roanoke, VA 24019 COUNTY OF ROA~fOKE Overnight Transpo~a~on Co. Am-t: Tax Depa~u~ent ?. O. Box 1216 Richmond, VA 23218 Truck Enterprises, fac. P. O. Box a,72 Hardsonburg, VA 2280[ 37.10-1-10 37.10-I-12 K~shna Enterprises, [nc.. do Sonny Sham 1927 Franklin Road R. oanok:, VA 240[¢ Glcnver N. and Mary W'. Layman, Co-Trustees 3812 Peters Creek Road Roanoke, VA 24.0 [ 9 O3 -i~ CO 0 CO 0 O3 0 O0 0 0 0 O3 .1~ 0 CO O3 CO 0 O0 0 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 8, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, P. C. P. O. Box 20068 Roanoke, Virginia 24018-0007 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, March 20, 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 Emergency Veterinary Services of Roanoke, Inc., that a parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N. W., identified as Official Tax No. 6490804, be rezoned from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission. The Ordinance will be forwarded under separate cover at a later date. 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 Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the March 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mary F. ', CMO City Clerk MFP:Io Enclosure MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk March 8, 2000 File #51 Ms. Ann M. Shannon Mr. and Mrs. Clay Dawson Mr. and Mrs. William White WHO Enterprises Ladies and Gentlemen: Overnight Transportation, Inc. Truck Enterprises, Inc. Krishna Enterprises, Inc. Mr. and Mrs. Glenver Layman Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public headng for Monday, March 20, 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 Emergency Veterinary Services of Roanoke, Inc., that a parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N. W., identified as Official Tax No. 6490804, be rezoned from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions. 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 Community Development at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io The Roanoke Times Roanoke, Virginia Affidavit of Publication °~ M R16 ~11:53 The Roanoke Times EDWARD A NATT, ATTOR PO BOX 20068 ROANOKE VA 24018 REFERENCE: 80022015 01364871 State of Virginia City of Roanoke Frontage Rd. NOTICE OF PUBLIC HE 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: PUBLISHED ON: 03/02 03/09 TOTAL COST: 144.30 NOTICE OF PUBUC HEARING TO WHOM IT MAY CONCEI~I: Pursuant to the provisions of A~UcJe VII of Chapter 36.~ Code of ttm City of Roanoke (1979), as amended, the Coun- cji of the City of Roanoke P.m., In the Coum~. Chaml~r in the Mon~pal Bulldln& 2/5 Cherch A~enue, S.W., on ~e question of rezonlng from pmpert~. las% Iogatod at 4902 Fro~ Road, N. W., amJ beadng A copy'of tNs propo~d I$ avsil- 456, MunlcIRal Building.~ NI parU~ ~ intmast may appear Off the , GNEN under my hand this 2nd day of March, 2000. Mar/F. Pa~er, city ~ (~364871) F A T P A b T 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, March 20, 2000, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question ofrezoning from RS- 1, Residential Single Family District, to C-2, General Commercial District, the following property: That certain parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N.W., and bearing Official Tax No. 6490804, 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 2nd day of l~larch ,2000. Mary F. Parker, City Clerk. H:\NOTICELN-Rez-EmVetServ-3 -20-00 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 8, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk Melvin L. Hill, Chair City Planning Commission 2545 Marr Street, N. VV., #15F Roanoke, Virginia 24012 Dear Mr. Hill: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a Second Amended Petition received in the City Clerk's Office on March 6, 2000, from Edward A. Natt, Attorney, representing Emergency Veterinary Services of Roanoke, Inc., requesting that a parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N. W., designated as Official Tax No. 6490804, be rezoned from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C., P. O. Box 20068, Roanoke, Virginia 24018-0007 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 N:\CKLO 1~REZONING.98~emergencyvet.wlxi OSTER. HOU DT, CHARLES H, OSTERHOUDT MICHAEL S. FERGUSON EDWARD A. NATT MICHAEL J, AHERON G. STEVEN AGEE MARF~ D. K~DD KRISTEN KONRAD JOHNSTONE FERGUSON, NATT. APP. OFE$SIONAL COR. POP. ATION 1919 ELECTRIC ROAD. SUITE , '00 ~.'n --6 ,~1t :1 ~< P. O, BOX 20068 IFLOAN O1(. £. VI R. CINIA 24018-0007 March 2, 2000 TELEPHONE 540-774-1197 FAX NO. 540-774-096 I Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: Emergency Veterinary Services of Roanoke, Inc. rezoning Public hearing March 20th Dear Mary: Enclosed please find the Second Amended Petition to Rezone with original signatures on behalf of the property owner and the contract purchaser. I would appreciate your filing these in the rezoning file. Should you need anything further, please let me know. Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/csb Enclosure pc: Evelyn S. Lander, AICP, Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 0 STERHDUDT, FERGUSON, NATT, AHERDN ,C AGEE ATTO R N EYS-AT- LAW ROANOKE, VIRGINIA 24D1D-1699 SECOND AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a parcel of land containing 2.3S acres, more or less, designated as Tax Map No. 6490804, known as 4902 Frontage Road, from RS-1 Residential Single Family District to C-2 General Commercial District, subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Emergency Veterinary Services of Roanoke, Inc., a Virginia corporation, is the contract purchaser of land in the City of Roanoke containing 2.35 acres, more or less, 4902 Frontage Road (Tax Map No. 6490804), said tract being currently zoned RS-l, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1, Residential Single Family District to C-2 General Commercial District subject to certain proffered conditions for the purpose of construction of a veterinary clinic on the subject property. 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 enable a parcel of land located on Frontage Road to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is the revised comprehensive site plan which includes a plat. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property FISTERHDUDT, FERGUSDN, NATT, AHERDN & AGEE ATT 0 R N EYS-AT- LAW ROANOKE, VIRGINIA 24018-1699 to be rezoned. The Petitioner voluntarily admits the following proffers to be included as a part of the rezoning request: (a) The property will be developed in substantial conformity with the revised development plan for Emergency Veterinary Services of Roanoke, Inc., prepared by Caldwell White Associates, under date of December 21, 1999, and revised January 7, 2000, attached hereto as Exhibit 2 and made a part hereof, subject to any changes that may be required by the City during development plan review. Exhibit 2 notwithstanding, no more than eight (8) parking spaces shall be provided in the rear (southern side) of the new building. (b) Use of the property will be limited to veterinary clinics with no outside corrals or pens. (c) Signage will conform to the requirements of C-1 zoning district signage requirements. (d) The building will be a metal frame building with a stucco exterior in substantial conformity a rendering attached hereto as Exhibit 5 and made a part hereof, subject to any changes that may be required bt the City during the development plan review. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this day of February, 2000. 2 OSTERHDUOT, FERGUGnN, NATT, AHERDN & AGEE ATTrt RN EYS*AT-LAW RnANDKE, VIRGINIA 24Dla-1699 Property Owner: Contract Purchaser: carol~zoning\Emer Vet 2so AMD PET EMERGENCY VETERINARY SERVICES OF ROANOKE, INC., a Virginia corporation BY ITS , .. F,E'B-2'~-2~000 10:13 ',STERHOutT FERGumON NATtO 1540~?~0961 P.05/05 Bewrly F. Mitchell Contract EMERGENCY VETERINARY SERVICES OF ROANOI/~E, INC., , Vir~a corporation//~ /~_. - /'.-~/~'~i~-' vet 2~ .,~ PBT TOTAL P.I~5 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA ~ E C~ [_'!¥ [~ [~ PERTAINING TO THE REZONING REQUEST OF: '00 JA~t 20 P4:29 Emergency Veterinary Services of Roanoke, Inc., 4902 Frontage Road, NW ) Tax No. 6490804, from RS-1 to C-2, conditional )AFFIDAVIT COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make ~his 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 19th day of January, 2000, notices of a public heating to be held on the 2nd day of February, 2000, on the street/alley closure request captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 6490803 Ann M. Shannon 6490107 6490105 6490805 County County County County Clay and Mary R. Dawson William and Joyce White WHO Enterprises Attn: J. B. Obenchain, Jr. Ovemight Transportation Co. Attn. Tax Department Truck Enterprises, Inc. Krishna Enterprises, Inc. c/o Sonny Sham Glenver and Mary W. Layman, co-trustees Martha Pace Franklin Mailing Address 4888 Frontage Road, NW Roanoke, VA 24019 3720 Laurel Ridge Road Roanoke, VA 24017 3698 Partridge Lane Roanoke, VA 24017 4932 Frontage Road, NW Roanoke, VA 24019 P. O. Box 1216 Richmond, VA 23218 P. O. Box 472 Harrisonburg, VA 22801 1927 Franklin Road, SW Roanoke, VA 24014 3812 Peters Creek Road Roanoke, VA 24019 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 19th day of January, 2000. Notary Public My Commission expires: ~ ~) MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,W, Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 18, 2000 File #51 SANDRA H. EAKIN Deput) Cit.,. Clerk Melvin L. Hill, Chair City Planning Commission 2422 Bermuda Avenue, N. W. Roanoke, Virginia 24017 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 an Amended Petition received in the City Clerk's Office on January 13, 2000, from Edward A. Natt, Attorney, representing Emergency Veterinary Services of Roanoke, Inc., requesting that a parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N. W., designated as Official Tax No. 6490804, be rezoned from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to a certain proffer contain'ed in the petition for rezoning. Sincerely, Mary F. ;r, CMC City Clerk MFP:Io Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C., P. O. Box 20068, Roanoke, Virgir~ia 24018-0007 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 Chades M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H:~,EZONING OSTE RHOLI DT. CHARLES H. OSTERHOUDT M~CHAEL S. FERGUSON EDWARD A. NATT MICHAEL J. AHERON G. StEVEN AGEE MARK D. KIDD K~ISTEN KON~AD JOHNSTONE LAW OFFICES FERGUSON, NATT. I919 ELECTRIC ROAD. SUITE I P. O. BOX 20068 ROANOKE, VIRGINIA 24018-0007 January 13, 2000 '00 14 TELEPHONE 540'774-1197 FAX NO. 540-774-0961 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, S.W. Roanoke, VA 24011 RE: Emergency Veterinary Services of Roanoke, Inc. Dear Evie: In accordance with Martha Franklin's request of today, enclosed please fred an Amended Petition to Rezone that changes the RS-3 designation to RS-1 and replaces the first concept plan submitted with a revised concept plan. With best personal regards, I am Very truly yours, OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. Edward A. Natt EAN/csb Enclosure PC: Evelyn S. Lander, AICP, Chief Roanoke City Planning Department Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Ms. Martha Franklin Roanoke City Planning Department Municipal Building 215 Church Avenue S W Roanoke Va 24011 VIA FACSIMILE AND HARD COPY FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ~6~, ~RGI~ IN RE: Rezoning of a parcel of land containing 2.35 acres, more or less, designated as Tax Map No. 6490804, known as 4902 Frontage Road, from RS-1 Residential Single Family District to C-2 General Commercial District~ subject to certain proffered conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Emergency Veterinary Services of Roanoke, Inc., a Virginia corporation, is the contract purchaser of land in the City of Roanoke containing 2.35 acres, more or less, located at 4902 Frontage Road (Tax Map No. 6490804), said tract being currently zoned RS-I, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1, Residential Single Family District to C-2 General Commercial District subject to certain proffered conditions for the purpose of construction of a veterinary clinic on the subject property. 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 enable a parcel of land located on Frontage Road to be used for commercial purposes as other properties in the area are so utilized. Attached as Exhibit "2" is the revised comprehensive site plan which includes a plat. Attached as Exhibit "3" is a legal description of the subject property. Attached as Exhibit "4" are the names, addresses and tax numbers of the owners or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. The Petitioner voluntarily admits the following proffers to be included as a part of the rezoning request: (a) That the property will be developed in substantial conformity with the revised development plan for Emergency Veterinary Services of Roanoke, Inc. prepared by Caldwell White Associates, under date of December 21, 1999, attached hereto and made a part hereof subject to any changes that may be required by the City during development plan review; WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this [ ~* day of January, 2000. EMERGENCY VETERINARY SERVICES OF ROANOKE, INC., a Virgini~corporation OF COUnSeL Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 (540) 774-1197 (540) 774-0961 (facsimile) VSB #1104 2 d~4r~c I I I I I I I NLrI~/ i/ I 1 c) ! ! PROPERTY INFORklA TION I.~ ~_r~ o~ 1484~ P~ I740 LOT ARE~ I~ ~ - Z3~, ACRE~ ~ LOTOOIERAOE: 30~O~LOT ~ Y,~D ~ ¢OIWINEO ~ gF'RT~ OFLOrRw_OICTA~E OR REAR YARD SETBACK: ~O FT: 20' 10' O' 20' ~RAP~CSCALE CONCEPT PI. AN ~ TH~R~:~Qt~II~ OK TAXP,4RC~. 64~0804 FIKXf R$-I srlu.41~ 4~02 R~WT,44~ RO40. ClrfOFROANOI~, I tCWA CALDWELL ~fH~'r~. ASSOCIATES EXHIBIT 3 LEGAL DESCRIPTION BEGINNING at a point on the southerly side of the Frontage Road at the southwesterly quadrant of the Peters Creek Road, Route 581 intersection; said point being at the northwest comer of the property of WHO Enterprises (Tax Map No. 6490805 - Deed Book 1895, Page 1'344); thence with the Frontage Road N. 43° 01' 38" E. 110.08 feet to a point; thence with a curve to the fight having a chord bearing and distance of N. 68° 58' 35" E. 211.90 feet, a distance of 214.5 feet to a point at the northwest comer of Official Tax Map No. 6490803, the property of Ann M. Shannon; thence with the same S. 30° 30' 00" E. 274.89 feet to a point; thence S. 53° 10' 00" W. 335.90 feet to a point; thence N. 27° 00' 00" W. 315.73 feet to the point and place of BEGINNING; and containing 2.35 acres. ADJOINING PROPERTY OWNER LISTING Address of Subject Property: Applicant's Name: 4902 Frontage Road Emergency Veterinary Services of Roanoke, Inc. ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind or across the street from the subject property noted above: Official Tax Number 6490803 6490107 6490105 6490805 37.07-1-7 37.07-1-10 CITY OF ROANOKE Owners Name and Mailing Address Ann M. Shannon 4888 Frontage Road Roanoke, VA 24019 Clay L. and Mary R. Dawson 3720 Laurel Ridge Road Roanoke, VA 24017 William, Sr. and Joyce W. White 3698 Partridge Lane Roanoke, VA 24017 WHO Enterprises Attn: J.B. Obenchain, Jr. 4932 Frontage Road Roanoke, VA 24019 COUNTY OF ROANOKE OvemightTranspo~aion Co. Attn: Tax Department P. O. Box 1216 Richmond, VA 23218 Truck Enterprises, Inc. P. O. Box 472 Hamsonburg, VA 22801 37.10-1-10 37.10-1-12 Krishna Enterprises, Inc. c/o Sonny Sham 1927 Franklin Road Roanoke, VA 24014 Glenver N. and Mary W. Layman. Co-Trustees 3812 Peters Creek Road Roanoke, VA 24019 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: '00 ~JAN 14 The Roanoke City Planning Commission will hold a public hearing on Wednesday, February 2, 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 Emergency Veterinary Services of Roanoke, Inc., a Virginia corporation, represented by Edward A. Natt, attorney, that property located at 4902 Frontage Road, N.W., containing 2.35 acres, more or less, and identified by Official Tax No. 6490804, be rezoned from RS-I, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. 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 P 3:52 Please print in newspaper on Tuesday, January 18, 2000 and January 25, 2000 Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S.W., Suite 1 Roanoke, VA 24018 (540) 774-1197 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/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk January 11, 2000 File #51 Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: 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 January 5, 2000, from Edward A. Natt, Attorney, representing Emergency Veterinary Services of Roanoke, Inc., requesting that a parcel of land containing 2.35 acres, more or less, located at 4902 Frontage Road, N. W., designated as Official Tax No. 6490804, be rezoned from RS-l, Residential Single Family District, to C-2, General Commercial District, subject to a certain proffer contained in the petition for rezoning. Sincerely, Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, P.C., P. O. Box 20068, Roanoke, Virginia 24018-0007 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 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 April 6, 2000 File #51 SANDRA H. EAKIN Deputy City Clerk David C. Helscher, Attorney Jolly, Place, Fralin & Prillaman, P. C. P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. Helscher: I am enclosing copy of Ordinance No. 34734-040300 rezoning a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, from C-1, Office District, to CN, Neighborhood Commercial District, subject to certain proffered conditions contained in the Second Amended Petition filed in the City Clerk's Office on March 14, 2000. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, March 20, 2000, also adopted by the Council on second reading on Monday, April 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: CHS, Inc., Carilion Tax Department, P. O. Box 40032, Roanoke, Virginia 24022 Associates in Medicine, Inc., 2129 Rosalind Avenue, S. W., Roanoke, Virginia 24014 The Rescue Mission of Roanoke, Inc., P. O. Box 11525, Roanoke, Virginia 24022 Associates in Medicine, Inc., c/o Dr. Richard Newton, 2129 Rosalind Avenue, S. W., Roanoke, Virginia 24014 SouthGroup Acquisition Co., 15 Atkinson Road, Rockville, New York 11590 First Presbyterian Church, P. O. Box 8538, Roanoke, Virginia 24014 C:~vlyFilea~pril3.wpd David C. Helscher April 6, 2000 Page 2 pc~ 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 J. Thomas Tasselli, Development Review Coordinator Edward R. Tucker, City Planner C: ~'~lyFiles'~oril3. wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34734-040300. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 105, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Westwin of Roanoke, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C- 1, Office District, to CN, Neighborhood Commercial District, subject to certain conditions 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 heating 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 March 20, 2000, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1- 3, Code of the City of Roanoke (1979), as amended, and Sheet No. 105 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain tract of land located at 2123 Crystal Spring Avenue, S.W., being all of Lots 13 and 14, Block 49, Map of Crystal Spring Land Company, and designated on Sheet No. 105 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1050514, be, and is hereby rezoned from C- 1, Office District, to CN, Neighborhood Commercial District, subject to the proffers contained in the Second Amended Petition filed in the Office of the City Clerk on March 14, 2000, and that Sheet No. 105 of the Zone Map be changed in this respect. ATTEST: City Clerk. H:\ORD- P. EZ\O- Rcz- W~twin-3-20-00 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 March 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 Second Amended Petition received in the City Clerk's Office on March 14, 2000, from David C. Helscher, Attorney, representing Westwin of Roanoke, Inc., requesting that a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, be rezoned from C-1, Office District, to CN, Neighborhood Commercial 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 David C. Helscher, Esq., Jolly, Place, Fralin & Prillaman, P.C., P. O. Box 20487, Roanoke, Virginia 24018-0049 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.98\westwin .wpd CITY r,! mF ~' ,';::: I- '00 liaR14 P2:17 SECOND AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke, Virginia, More particularly described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Tax Map No. 1050514 from C-1 to CN, such rezoning to be subject to certain conditions. TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF TIlE CITY OF ROANOKE: The Petitioner, Westwin of Roanoke, LLC, has recently purchased certain land in the City of Roanoke located at 2123 Crystal Spring Avenue. (See Exhibit A for legal description.) In the event the property is used for general and professional offices, including financial institutions, medical offices or medical clinics, certification must be provided that there is one space for every three hundred square feet of net floor area. Said parcel is currently zoned C-1. A map of the property to be rezoned is attached hereto as Exhibit "B". Therefore, pursuant to § 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that 2123 Crystal Spring Avenue be rezoned from C-1 District to CN District, for the purpose of operating a neighborhood restaurant. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow a restaurant to operate in an area that is already neighborhood commercial core area and therefore is complementary to other businesses already located in the area. The Petitioner hereby agrees that if the said tract is rezoned ,ts requested, that the rezoning will be subject to, and that the Petitioner will abide by, the folio, ring conditions: (1) The use of the property will be for a restaurant, with no provision for drive thru or delivery service. Petitioner also reserves the right to use the property for general and professional offices, including financial institutions, medical offices or medical clinics. (2) Parking for the restaurant will be provided using the existing parking located in the rear of the property and additional offpremises facilities as arranged by the property owner or tenant as certified by the Zoning Administrator to meet parking requirements of one space for every 200 square feet of net floor area plus one space for every employee. In the event the property is used for general and professional offices, including financial institutions, medical offices or medical clinics, certification must be provided that there is one space for every three hundred square feet of net floor area. (3) The exterior of the existing structure will not be altered except: (A) in compliance with minimum building code requirement for the change of use of this building (B) to provide the necessary handicap accessible structures (C) cosmetic enhancements such as painting, signage, lighting, awnings, shutters and similar cosmetic changes. Attached hereto as Exhibit "C" are the names, addresses, and tax numbers of the owner or owners of all lots or 13roperty immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: March/~-, 2000. Respectfully submitted, WESTWt~ OF ROANOKE, LLC / /s'D~y A~thorized Re/presentati~ David C. Helscher, Esq. JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, S.W. P. O. Box 20487 Roanoke, VA 24018-0049 (540) 989-0000 '00 M~.R 17 A9:zt7 EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY The land referred to in this Petition is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: BEGINNING at a point on the West side of Virginia Avenue 80 feet North of First Street; thence with Virginia Avenue N. 32° 19' W. 80 feet to a point on the same; thence N. 57° 41' E. 150 feet to a alley; thence with said alley S. 32° 19' W. 80 feet to a point on the same; thence S. 57° 41' E. 150 feet to Virginia Avenue, the point of BEGINNING, being Lots Nos. 13 and 14, Block 49, according to the map of the Crystal Spring Land Company. 83/16/2888 14:58 5~077294~5 LU~SDEN ~SSOC.S P~=E EXHIBi~ B CON~. ~2' At(E?' ! I 1 I I I I.~VK SCALE PRELIMINARY PLAN PREPARED FOR WESTW/N OF ROANOKE, LLC BEING LOTS 13 & 14, BLOCK 49 CIR't~TAJ. SPRING I.AND CO. P.B. 1. PC.,. 102 & 105 SITUA"I~ ALONG CRYb-'TAL SI=RING AVE.., S.W. ROANOKe, VIRGINIA I ~IO' ' DA'I'~ 2 FEBRUARY 2000 I.UM~DEN AIIO~IA~IB PoQ, Tax Number 1050506 1050508 1050513 1050516 1050601 1050603 1050604 EXHIBIT C ADJOINING PROPERTY OWNERS Name Address CHS, Inc. %Carilion Tax Dept. P. O. Box 40032 Roanoke, VA24022032 AssociatesinMedicine, Inc. 2129 RosalindAvenue, SW Roanoke, VA24014 The Rescue Mission of Roanoke, Inc. Carroll R. Tilley, Jr. & Susan E. Tilley P. O. Box 11525 Roanoke, VA 2402 SouthGroup Acquisition Co., LLC 15 Atkinson Road Rockville, NY 11590 First Presbyterian Church 2101 Jefferson Street, SW P. O. Box 8538 Roanoke, VA 24014 I~EC~ ~E. P 1 :~1 O1 SOUTH JEFFERSON STREET P.O. Box 85~8 (540) O44-a204 Date: March 15, 2000 To: Mary Parker, Clerk of the City of Roanoke Room 456 215 Church Avenue, Roanoke, Virginia 24011 From: The Session of First Presbyterian Church Re: Rezoning Petition 42123 Crystal Spring Avenue Dear Ms. Parker: Please provide the following to the members of Council at their meeting scheduled for March 20, 2000. In 1851, twenty-four members from the Salem Presbyterian Church entered into a covenant to form a new Presbyterian church in Big Lick, Virginia. In the nearly 150 years since then, · Fifty year s ago our leadership recognized the need for a quality pre-school and established the first program of its kind in Roanoke, one that is recognized today as one of the fire',st programs in the valley. · We suppt,n the recovery efforts of many individuals who battle addictions by offering numerous 12-step programs. · We have, in the past, partnered with the city schools by providing space for their continuing education program to pregnant teens. · We are st :ong financial partners with many agencies in the valley that seek to address the issues of hunger and poverty. · We curre] ~tly offer our facilities to homeless area families 4-5 weeks per year, assisting them in tlteir quest to get back on their feet. · We provi te sleeping quarters to numerous groups that travel through the valley on their way to ar,:as of Appalachia where they work on housing needs for the poor. These are but a small example of ministries we offer to the community that make the quality of life in Roanoke what it is today. When our congregation moved to South Roanoke in 1929 it was based upon a vision that saw the potential for growth in this part of the city. In the seventy years since then we have witnessed many changes. Hundreds of families have moved into this area, making it one of the most desirable in the valley. Roanoke Memorial Hospital has been the single biggest contributor to the changing dynamics of this neighborhood. Doctors offices, insurance agencies and brokerage firms, banks and other smaller businesses have cropped up around us over the years, each one adding a little more pressure to the limited resources in this neighborhood which now has no where else to go but up. Our congregation's ministry has managed to cope with many of these changes, but we have experienced a steady decline in our ability to grow due to the overcrowding. In response to the problem, we bought or inherited the other structures on our block and in 1985 created our current parking facility. Even with this on site parking, sufficient parking for the current needs of the church does not exist. At peak evening hours individuals will utilize the parking along Crystal Spring Avenue as well. Since 1985 we have developed a symbiotic relationship with the other businesses in the area. Fortunately, all of them require short-term parking and the majority of them are closed after 5:00 p.m. Our parking needs increase as the day progresses because many of the support ministries we offer occur in the evening. We believe that a neighborhood restaurant that promises to seat 60 patrons but has only enough parking spaces of its own for about ten cars (some of which will be utilized by employees), will result in individuals using our parking facility since it is the closest space to the main entrance of the restaurant. We believe this will occur because of a lack of convenience for the restaurant's patrons. If they utilize the restaurant's spaces they will have to access them from the alley. If they utilize the Crestar Bank lot they will have to approach the restaurant from the rear. If they choose to use the parking deck of the hospital they will presumably incur a parking fee as well as engage in a walk of at least a block and a half. While the petitioner has made assurances that valet parking will be available, there is nothing that will require him or any future owner to do so, nor can patrons of the restaurant be required to make use of valet parking. If the City Council approves this change in the zoning, it will place First Presbyterian Church in an adversarial position with some of the patrons of the restaurant and potentially with the restaurant's owners. The church does not want to be placed in that position. Towing cars away is not a ministry that First Presbyterian Church wants to do. Yet, with the number of people who gather here on a nightly basis, the church cannot be freely giving our spaces away. Those who come to the church for AA, Al-anon, church functions, Scouts, basketball, our homeless shelter and a host of other activities expect to be able to park in our lot. If they have to walk some distance to attend a meeting it will discourage the effectiveness of our ministry. Parking, however, is only one of our concerns. We operate a pre-school and Mother's Day Out program that operates until 1:00 p.m. Our playground is used by children and families at a variety of times throughout the rest of the day. We understand that alcohol will be served on the premises. While there are no statutes goveming the close proximity of such an establishment to a church's preschool, common sense dictates this is an unwise combination. If this particular "fine-dining" establishment is not successful, then the church must expect future tenants with an entirely different "atmosphere" that is even less compatible with the already established neighbors in the area. The petitioner has admitted to the governing body of First Presbyterian Church that it makes no difference to the owner if the tenant is a restaurant or an office building that would be more compatible to this neighborhood. But he has said that he has received a great deal of pressure from interested individuals to transform the property into a restaurant. The question is, "What does Roanoke need more--another restaurant or the ongoing contributions of a congregation that has proven over the last 150 years that it can effectively minister to the needs of this community?" For these reasons, it is respectively requested that the petition to rezone be denied. EXHIBIT A '00 HAR 17 A9:47 DESCRIPTION OF SUBJECT PROPERTY The land referred to in this Petition is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: BEGINNING at a point on the West side of Virginia Avenue 80 feet North of First Street; thence with Virginia Avenue N. 32° 19' W. 80 feet to a point on the same; thence N. 57° 41' E. 150 feet to a alley; thence with said alley S. 32° 19' W. 80 feet to a point on the same; thence S. 57° 41' E. 150 feet to Virginia Avenue, the point of BEGINNING, being Lots Nos. 13 and 14, Block 49, according to the map of the Crystal Spring Land Company. 03/16/2088 14:58 5407729445 LUNSDEN ASSOC.S EXHIBIT B 12' AllEy I~0 0 ~A/N t. INK LOT ~5 PAGE ~RIC~ ~4~I~AL STOOP WALK $ _ame°~*_ W ~O0' co~ w,~< WAS ~~ ~T ~ ~T ~ A ~T ~ ~T A~ ~ MA V ~ ~~~ ~ ~T ~ ~~ NOT ~0~ H~ PREUMINARY PLAN PREPARED FOR ~-EST~N OF ~ROA]~I'O BEING LOTS 13 &: 14, BLOCK 4-9 CRYSTAl. SPRING LAND CO. P.B. 1, PC,. 102 & 105 SITUATED ALONG CRYSTAL SPRING ROANOKE° VIRGINIA SCALE 1' ,-- 50' DATE: 2 LLC AVE.. S.W. FEBRUARY 2000 L,IJIIBDEN ABBOC)I&'I'BB, P.O. ENGINE~.R$--~URV~'YOR.~,-- PLANN E~ S EXHIBIT C ADJOINING PROPERTY OWNERS Tax Number Name Address 1050506 1050508 1050513 1050516 1050601 1050603 1050604 CHS, Inc. %Carilion Tax Dept. P. O. Box 40032 Roanoke, VA24022032 AssocimesinMedicine, Inc. 2129 Rosalind Avenue, SW Roanoke, VA24014 The Rescue Mission of Roanoke, Inc. Carroll R. Tilley, Jr. & Susan E. Tilley P. O. Box 11525 Roanoke, VA2402 SouthGroup Acquisition Co., LLC 15 Atkinson Road Rockville, NY 11590 First Presbyterian Church 2101 Jefferson Street, SW P. O. Box 8538 Roanoke, VA24014 RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address Address ! 87. NRme Address 105. 119. 120. 129. 130. RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address 22o Name Address 56. 73. 77. 78. i 80. Name Address 86. 87. 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thankyou. Name Address Name Address 66. M. 75. Name 88.( ~~ 89. & 95. L~L 96. ~e. Address 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would iike the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. ~CHARTERED 1882~ Roanoke City Department of Planning and Community Development Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia :)4011 (540) 853-2344 (Fax) 853-1230 Public Hearing Date: March 20, 2000 To: Honorable M. aYor David A. Bowers, and Members of City Council From: Melvin L/Hill, Chairman,~Roanoke City Planning Commission Subject: Request from Westwin of Roanoke, Inc., represented by David C. Helscher, attorney, that property located at 2123 Crystal Spring Avenue, S. W., Official Tax No. 1050514, be rezoned from C-1, Office District to CN, Neighborhood Commercial District subject to certain proffered conditions. Background: Subject property is a large house located in a commercial area. Applicant desires to renovate the property for an upscale restaurant. Applicant is requesting a rezoning from C-1, Office District to CN, Neighborhood Commercial District. A First Amended Petition was filed on February 2, 2000. The proffered conditions of the rezoning are: The use of the property will be for a restaurant, with no provision for drive thru or delivery service. Petitioner also reserves the right to use the properties for those activities permitted in the C-1 zoning classification. Parking for the restaurant will be provided using the existing parking located in the rear of the property and additional off premises facilities as arranged by the property owner or tenant as certified by the Zoning Administrator to meet parking requirements of one space for every 200 square feet of net floor area plus one space for every employee. In the event the property is used for offices or other C-1 permitted uses, certification must be provided that there is one space for every 300 square feet of net floor area. The exterior of the existing structure will not be altered except: (1) in compliance with minimum building code requirements for the change of Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals use of this building, (2) to provide the necessary handicap accessible structures, and (3) cosmetic enhancements such as painting, signage, lighting, awnings, shutters, and similar cosmetic changes. Initially the request was scheduled as a special exception permit from the Board of Zoning Appeals with the applicant applying for permission to operate a "club". The applicant did not meet the requirements for a special exception permit because non- profit status was required and the application was withdrawn. Consequently, a rezoning request was pursued. Planning Commission public hearing was held on February 2, 2000. Mr. David Helscher, Attorney, presented the petitioner's request to the Commission advising that an amended petition was filed in response to concerns related to parking and use of the property. Mr. Guy Byrd (5521 Village Drive) addressed the Commission in support of the request. Mr. Mike Cleary, Attorney, (15 Franklin Road, S.W.) representing First Presbyterian Church located at 2101 Jefferson Street, S.W., spoke in opposition to the request, expressing concerns about parking and the potential for customer use of the church parking lot. He stated that he felt the property was appropriately zoned as a C- 1, Office District. Mr. Bob Smith, Pastor for First Presbyterian Church, also spoke in opposition to the request, advising that in addition to parking, he was concerned with the possibility of future uses of the property that could negatively affect the church and its ministry (i.e. restaurant serving alcoholic beverages). Mr. Duane Howard (508 Walnut Avenue, S.W.) appeared in support of the request. Approximately 15 persons were in attendance and stood in support of the request. A petition in support of the rezoning (attached)also was filed with the Commission. Issues: Zoning of the subject property and the remainder of the block from McClanahan Street to 22nd Street is C-1, Office. The CN, Neighborhood Commercial District begins at 2nd Street on Crystal Spring Avenue and extends to 23rd Street. The proffered conditions of the rezoning address the use of the property as a restaurant or for other C-1, office type uses, and include provisions for parking and changes to the exterior of the structure. Land uses in the area are a mixture of offices and retail, including a convenience store, pharmacy, restaurant, and post office. If the subject property is rezoned, as requested, it can be used only for a restaurant or uses permitted in the C-1 district (existing zoning for property). Parking for the property is limited to a few on-street spaces and approximately ten spaces in the rear, adjacent to the alley. This portion of Crystal Spring Avenue is closer to the McClanahan Street intersection and more narrow than the Neighborhood Commercial (CN) District in the next block, which is wider and provides more opportunity for customer parking on the street. There are no parking requirements for uses in the CN District. Parking needs for any future use are addressed in the amended petition to rezone. Neighborhood organization for this area is Neighbors in South Roanoke. The petitioners indicated that the proposed rezoning has been discussed with them, as well as adjoining property owners. A neighborhood meeting was held on January 31,2000. Comprehensive Plan encourages neighborhood commercial developments and quality land development or uses that enhance neighborhood character and adjacent properties. Recommendation: Planning Commission by a vote of 5-0 (Messrs. Hill and Manetta absent) recommends that City Council approve the request for rezoning, subject to the proffered conditions. Attachments cc: City Attorney Attorney for the petitioner RECEIVE~ ' CITY fL':] ' '00 ~ - FIRST AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke, Virginia, More particularly described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Tax Map No. 1050514 from C-1 to CN, such rezoning to be subject to certain conditions. TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Westwin of Roanoke, Inc., has recently purchased certain land in the City of Roanoke located at 2123 Crystal Spring Avenue. (See Exh/bit A for legal description.) Said parcel is currently zoned C-1. A map of the property to be rezoned is attached hereto as Exhibit "B". Therefore, pursuant to § 36.1-690,. Code of the City of Roanoke (1979), as amended, the Petitioner requests that 2123 Crystal Spring Avenue be rezoned from C-1 District to CN District, for the purpose of operating a neighborhood restaurant. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow a restaurant to operate in an area that is already neighborhood commercial core area and therefore is complementary to other businesses already located in the area. The Petitioner hereby agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (1) The use of the property will be for a restaurant, with no provision for drive thru or delivery service. Petitioner also reserves the right to use the properties for those activities permitted in C-1 zoning classification. (2) Parking for the restaurant will be provided using the existing parking located in the rear of the property and additional off premises facilities as arranged by the property owner or tenant as certified by the Zoning Administrator to meet parking requirements of one space for every 200 square feet of net floor area plus one space for every employee. In the event the property is used for offices or other C-1 permitted uses, certification must be provided that there is one space for every 300 square feet of net floor area. (3) The exterior of the existing structure will not be altered except: (A) in compliance with minimum building code requirement for the change of use of this building (B) to provide the necessary handicap accessible structures (C) cosmetic enhancements such as painting, signage, lighting, awnings, shutters and similar cosmetic changes. Attached hereto as Exhibit "C" are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: January 'bt, 2000. Respectfully submitted, WESTWIN OF ROANOKE, INC. By: David C. Helscher, Esq. JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, S.W. P. O. Box 20487 Roanoke, VA 24018-0049 (540) 989-0000 Of Counsel EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY The land referred to in this Petition is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: BEGINNING at a point on the West side of Virginia Avenue 80 feet North of First Street; thence with Virginia Avenue N. 32° 19' W. 80 feet to a point on the same; thence N. 57° 41' E. 150 feet to a alley; thence with said alley S. 32° 19' W. 80 feet to a point on the same; thence S. 57° 41' E. 150 feet to Virginia Avenue, the point of BEGINNING, being Lots Nos. 13 and 14, Block 49, according to the map of the Crystal Spring Land Company. EXHIBIT C ADJOINING PROPERTY OWNERS Tax Number Name Address 1050506 1050508 1050513 1050516 1050601 1050603 1050604 CHS, Inc. % Carilion Tax Dept. P. O. Box 40032 Roanoke, VA 24022032 Associates in Medicine, Inc. 2129 Rosalind Avenue, SW Roanoke, VA 24014 The Rescue Mission of Roanoke, Inc. Carroll R. Tilley, Jr. & Susan E. Tilley P. O. Box 11525 Roanoke, VA 2402 SouthGroup Acquisition Co., LLC 15 Atkinson Road Rockville, NY 11590 First Presbyterian Church 2101 Jefferson S~eet, SW P. O. Box 8538 Roanoke, VA24014 SE~T, B.Y:C;ARILION ; 2-2-00 ; 12:27 ; HEALTH SYSTEM--, ;-02-2~ 10.'484M FEOH JOLLY, PLACE, FEALIN 5~.0 772 ~126 ??2 0126;# P. 2 LETT[;a OF I~ITE~NT THIS AOR.F.,EMENT, made azxi ¢nt~mi into February 2, 2~, ~ ~ ~ ~ WITNESSETH: W~, CH$ t~ ~ o~ of~ ~ ~ of~ 1~ ~t ~ ~ of C~ ~S, CH3 ~ ~ ~c p:~ ~ng ~ offi~ b~ng ~ ~king ~ on s~d o~ ~ ~ ~ of~ ~ ~ ~ ~ ~ o~ on ~ ~; ~ 1. ~ ~ w~ ~lc ~ 5:~ ~ ~t f~ ~ ~ ~d ~ ~d ~ a co/v~ BRICK 12' ALLEY I STK FRAME ~ OV~I. MN~ ~ 1040 10~h9 D INK FENCE ~OT 15 BRICK P~ STOOP ~WAU~ S 3279~0" W ~00' c~ WAL~' CRYSTAL sPR/ A S. W. 1) THIS PROP~NTY I$ NOT lOCATED ~4TH~ ~E UMI~ ~ A 1~ ~ ~ B~ND~Y AS ~A~ BY ~ ~lS ~NI~ IS ~ ~ ~ IN~N~ ~ ~ ~ IN~ RA~ M~ ~O HAS NOT 2) ~S P~T WAS ~ ~T ~E ~T ~ A ~T ~ ~T ~O ~ MAY ~M~M~ ~1~ ~OT ~ ~ NOT ~0~ H~ 3) ~ P~T WAS ~ IN A~~ ~ ~IR~ ~ ~ BY ~E ~M~ ~R~NIA ~ ~ IM~T ~R~ PRELIMINARY PLAN' PREPARED FOR W'~S?W[N OF ROA_NOKE, '1',1',C BEING LOTS 13 & 14., BLOCK 49 CRYSTAL SPRING LAND CO. P.B. 1, PG. 102 & 10.3 SITUATED ALONG CRYSTAL SPRING AVE., S.W. ROANOKE, V1RGINIA SCALE 1' = 30' DATE.: 2 FEBRUARY 2000 LUMSDEN A$$OCIATE~, P.C. ENGINEER$- SURYL~'YORS-PLANNE~$ RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address ~.,5'0 '7 Q+o~4 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33 34. 35. 36. 37. 38. 39. 40. RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address 10. 11. 12. 17. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address 18. ~ ~ g~ot q- 37. Name Address 47. C~ 68. 76. 8o~~~ ~z ~ ~o~ ~ ~ - 8~. ~~. ~9~',~ ~_~ ~ ~-~ ~, ~,~ Name 88.( 96. 97. L~~ 98.( 106. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. Address - , ~,~ ~ ~ r: ,~ ~ ,' RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name 8.~ Address 17. &.cd. 27. f ¢v,t/~ L ~a.N 33. Name Address o! 56. 73. qo 77. 78. 79. 80. 86. 87. Name Address 107. 108. 109. 110. 111. 112. 113. 114. 115. 116. 117. 118. 119. 120. 121. 122. 123. 124. 125. 126. 127. 128. 129. 130. RE-ZONING OF 2123 CRYSTAL SPRING (NEXT DOOR TO 7-11) We would like the zoning board and city council to approve this zoning for purposes of a community restaurant. Thank you. Name Address 1. ~'7 ~.~.~.~, ~,,~/ z.,: --~¢o,~/ ame Address 50. 51. /! 86. Address ~.~;~ ..... Name 105. uS./ 119. 120. ! 129. 0 0 0 0 0 0 0 0 O3 0 0 0 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 March 1,2000 File #51 SANDRA H. EAKIN Deputy City Clerk CHS, Inc. Associates in Medicine, Inc. cio Dr. Richard Newton The Rescue Mission of Roanoke, Inc. Mr. Carroll R. and Ms. Susan E. Tilley SouthGroup Acquisition Co., LLC First Presbyterian Church 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, March 20, 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 Westwin of Roanoke, Inc., that a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, be rezoned from C-1, Office District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. The City Planning Commission is recommending approval of the abovedescribed request for rezoning. 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 Community Development at 853-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-254t Fax: (540) 853-t145 March 1,2000 File #51 SANDRA H. EAKIN Deputy City Clerk David C. Helscher, Attorney Jolly, Place, Fralin & Prillaman, P. C. P. O. Box 20487 Roanoke, Virginia 24018-0049 Dear Mr. Helscher: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the ~ity of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, March 20, 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 Westwin of Roanoke, Inc., that a tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, be rezoned from C-1, Office District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, and a report of the City Planning Commission. The Ordinance will be forwarded under separate cover at a later date. 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 Community Development at 853-2344. It will be necessary for you, or your representative, to be present at the March 20 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, p~ Mary F. Parker, CMC City Clerk MFP:Io Enclosure The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times HELSCHER, DAVID, ATT 31912 ELECTRIC ROAD ROANOKE VA 24018 REFERENCE: 80027822 rezoning 01365377 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: PUBLISHED ON: 03/02 03/09 TOTAL COST: 148.00 ...................... RECE!'/EF: '00 16 1:53 NOTICE OF PUBLIC HEARING Pursuant to the prcMisions of Article VII of Chapter 36.1,' (1979), as mmmded, the Coun- cil of the City of Roanoke will hold a Public I'lem~ng on Mon- day, March 20, 2000, at 7.'00 p.m., in the Council Chamber in the Municipal Building, 215 Chumh Avenue, S.W., o~ the I bearing Official Tax. No. 1050514, subject to certain A copy of this I~ is av~il- ~bie for public inspection In the Office of the Ct~ Clink; Room 456, Municipal Buildln~. All pmflas In intere~ rcay appear on the ~ d~te and be heard on the quastlO~. GIVEN under my.hand this 2nd day of March, 2000. Mary F. Parker, City Clerk (1365377) 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, March 20, 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 C-l, Office District, to CN, Neighborhood Commercial District, the following property: That certain tract of land located at 2123 Crystal Spring Avenue, S.W., being all of Lots 13 and 14, Block 49, Map of Crystal Spring Land Company, bearing Official Tax No. 1050514, 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 2nd day of March ., 2000. Mary F. Parker, City Clerk. H:~NOTICE\N- Westwin-2-22-00 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk February 8, 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 February 2, 2000, from David C. Helscher, Attorney, representing Westwin of Roanoke, Inc., requesting that a.tract of land located at 2123 Crystal Spring Avenue, S. W., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, be rezoned from C-1, Office District, to CN, Neighborhood Commercial 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 David C. Helscher, Esq., Jolly, Place, Fralin & Prillaman, P.C., P. O. Box 20487, Roanoke, Virginia 24018-0049 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 Chades M. Huffine, City Engineer Steven J. Talevi, Assistant City Attorney Edward R. Tucker, City Planner H :t RF_.Z 0 N I N G.98~,westwin .wpd MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 January 11,2000 SANDRA H. EAKIN Deputy City Clerk File #51 Barbara N. Duerk, Chair City Planning Commission 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: 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 January 6, 2000, from David C. Helscher, Attorney, representing Westwin of Roanoke, Inc., requesting that a tract of land located at 2123 Crystal Spring Avenue, S. VV., described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Official Tax No. 1050514, be rezoned from C-1, Office District, to C-N, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Mary F. Parker, CMC City Clerk MFP:jms Enclosure pc: The Honorable Mayor and Members of the Roanoke City Council David C. Helscher, Esq., Jolly, Place, Fralin & Prillaman, P.C., P. O. Box 20487, Roanoke, Virginia 24018-0049 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 N:~CKJS 1 ~RezonWestwin.wpd I~ECEIVED '00 JAN-6 P3:48 PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying in the City of Roanoke, Virginia, More particularly described as Lots 13 and 14, Block 49, Crystal Spring Land Co., Tax Map No. 1050514 from C-1 to CN, such rezoning to be subject to certain conditions. TO: THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Westwin of Roanoke, Inc., has recently purchased certain land in the City of Roanoke located at 2123 Crystal Spring Avenue. (See Exhibit A for legal description.) Said parcel is currently zoned C-1. A map of the property to be rezoned is attached hereto as Exhibit "B". Therefore, pursuant to § 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that 2123 Crystal Spring Avenue be rezoned from C-1 District to CN District, for the purpose of operating a neighborhood restaurant. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will allow a restaurant to operate in an area that is already neighborhood commercial core area and therefore is complementary to other businesses already located in the area. The Petitioner hereby agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: (1) The restaurant will operate in the existing structure currently located on the property. (2) There will be no outside storage on the site. Attached hereto as Exhibit "C" are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Dated: January ~', 2000. Respectfully submitted, WESTWIN OF ROANOKE, INC. Of Counsel David C. Helscher, Esq. JOLLY, PLACE, FRALIN & PRILLAMAN, P.C. 3912 Electric Road, S.W. P. O. Box 20487 Roanoke, VA 24018-0049 (540) 989-0000 EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY The land referred to in this Petition is described as follows: All that certain tract or parcel of land situate, lying and being in the City of Roanoke, State of Virginia, and more particularly described as follows, to-wit: BEGINNING at a point on the West side of Virginia Avenue 80 feet North of First Street; thence with Virginia Avenue N. 32° 19' W. 80 feet to a point on the same; thence N. 57° 41' E. 150 feet to a alley; thence with said alley S. 32° 19' W. 80 feet to a point on the same; thence S. 57° 41' E. 150 feet to Virginia Avenue, the point of BEGINNING, being Lots Nos. 13 and 14, Block 49, according to the map of the Crystal Spring Land Company. 12' ALLEY -~. -.-aG'~-°HT . FoHr ~ ~ ( CHAIN LINK  ~NCE TAX ~14 BRICK WALL 0~' ~ ~ ~ LOT12 ~~LOT. l~~LOT14~ ~ P~CH J 2 s~ ,,.,. ~ ~ " ~.~. S ~219~" ~ 80.00' C~ WALK CRYSTAl $?RING AVE.., S. W. ~o' EXHIBIT 1040 D LOT 15 B NOTE~.. 1) THIS PROPERTY IS NOT LOCATED WITHIN THE LIMITS OF A 100 YEAR r'ZOOD BOUNDARY AS D£5~GNATED BY FEMA. THIS OPINION IS BASED ON AN INSPECIION OF THE FLOOD INSURANCE RATE MAP AND HAS NOT BEEN VERitlED BY ACTUAL HELD ELEVATIONS HOOD ZONE ~ 2~ THIS PLA T WAS Pt~-PAHED ~THOUT THE BENEHT OF A CURRENT I1TLE REPORT AND THERE MA Y EXIST ENCUMBRANCES WHICH AFFECT THE PROPERTY NOT SHOWN HE~EOt~. 3~ THIS PLAT WAS PREPARED IN ACCORDANCE ~TH REQUIREMENTS SET FORTH BY THE COMMONWEALTH OF ~qRGINIA FOR PHYSICAL IMPROVEMENT SUI~Y~ SITUATED SCALE 1" PLAT SHOW1NG PROPERTY OF WESTWIN LOTS 13 CRYSTAL P.B. 1, OF-ROANOKE, BEING & 14-, BLOCK 49 SPRING LAND CO. PG. 102 &: 1045 ALONG CRYSTAL SPRING AVE., ROANOKE, VIRGINIA = 450' DATE: 4- LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS ROANOKE, VIRQINIA LLC S.W. JUNE 1999 EXHIBIT C ADJOINING PROPERTY OWNERS Tax Number Name Address 1050506 1050508 1050513 1050516 1050601 1050603 1050604 CHS, Inc. %Carilion Tax Dept. P. O. Box 40032 Roanoke, VA24022032 Associates in Medicine, Inc. 2129 Rosalind Avenue, SW Roanoke, VA 24014 The Rescue Mission of Roanoke, Inc. Carroll R. Tilley, Jr. & Susan E. Tilley P. O. Box 11525 Roanoke, VA 2402 SouthGroup Acquisition Co., LLC 15 Atkinson Road Rockville, NY 11590 First Presbyterian Church 2101 Jefferson Street, SW P. O. Box 8538 Roanoke, VA24014 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk April 6, 2000 File #27-468 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham.' I am attaching copy of Ordinance No. 34735~040300 authorizing the conveyance of a 30 foot right-of-way and water and sanitary sewer easement across City-owned property on Dogwood Lane, S. W., identified as Official Tax No. 1390216, for use by an adjoining property owned by Denise W. Sweeney. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, March 20, 2000, also 'adopted by the Council on second reading on Monday, April 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 Attachment pc: James D. Grisso, Director of Finance Chades M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator C:~lyFil~s~vriD.wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 3rd day of April, 2000. No. 34735-040300. AN ORDINANCE authorizing the conveyance of a 30-foot right-of-way and water and sanitary sewer easement across City-owned property on Dogwood Lane, S.W., identified by Official Tax No. 1390216, upon certain terms and conditions. WHEREAS, a public heating was held on March 20, 2000, pursuant to § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said conveyance. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager, or his designee, and the City Clerk, are hereby authorized to execute and attest, respectively, a deed conveying a 30-foot right-of-way and water and sanitary sewer easement across City-owned property on Dogwood Lane, S.W., identified by Official Tax No. 1390216, for use by an adjoining property owned by Denise W. Sweeney, as shown on the survey attached to the report of the Water Resources Committee dated March 6, 2000, said deed to be in form approved by the City Attorney. ATTEST: City Clerk. H:\ORD-GEI, AOE-CCWat:rSS-Sween~y.3-20-00 The Roanoke Times Roanoke, Virginia RECEIYEF~ Affidavit of Publication00 The Roanoke Times ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 dogwood in 01371864 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 followin9 dates: PUBLISHED ON: 03/12 TOTAL COST: 86.80 ........................ NOTICE OF PUBUC HEARING $.W.,' kle~]fted by Oflt~al Tax No.~3902~6. Purluant to the requbmments Code of ~r~a (1950), as the Council Chambers,: 4th Froot, Mund~ Bul~ 2~5 Church Avenue, $.W., Roanoke, VIr~nla. Further Infomtatlo~ Ih Water Resources Committee dated March 6, 2000 Is ava#- (540) 853-2541. GIVEN under my hind Uds 12th Mary F. Pa~er, (137:1864)' NOTICE OF PUBLIC HEARING The City of Roanoke proposes to grant a 30-foot right-of-way and water and sanitary sewer easement across City-owned property on Dogwood Lane, S.W., identified by Official Tax No. 1390216. Pursuant to the requirements of § § 15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on March 20, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information in the form of a report from the Water Resources Committee dated March 6, 2000 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 12th day of March ,2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, March 12, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:~'qOT1CE-WRC-CC\NE-DogwoodLane-3 -20-00 Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #165-373-468 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 34736-040300 authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, for use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, March 20, 2000, also adopted by the Council on second reading on Monday, April 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 Attachment pc: Old Southwest, Inc., 641 Walnut Avenue, S. W., Roanoke, Virginia 24016 James D. Grisso, Director of Finance Chades M. Huffine, City Engineer Sarah E. Fitton, Engineering Cooridinator C:'~MyFil~s'~apt'il3, wpd IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34736-040300. AN ORDINANCE authorizing the proper City officials to extend the lease agreement between the City and Old Southwest, Inc., for a period of five years, for the use of a certain City- owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, upon certain terms and conditions. Whereas, a public hearing was held on March 20, 2000, pursuant to §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said lease extension. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, the appropriate lease agreement with Old Southwest, Inc., for the use of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, for a term of five (5) years, effective beginning January 1, 2000 and ending December 31, 2004, at an annual lease fee of $1.00 over the five-year period, upon such terms and conditions as more particularly described in the report to this Council fi.om the Water Resources Committee dated March 6, 2000. ATTEST: City Clerk. H:\O RD-GENXO-Le~e-OIdSW-3 -20-00 The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times ................................................... ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT: MARY PARKER, CL ROANOKE VA 24011 REFERENCE: 80023382 alex-gish 01371845 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: I0 -.3 PUBLISHED ON: 03/12 TOTAL COST: 91. 14 FILED ON: 03/1_~5/00 .................. AUt~O~i ze/ Signature NOTICE oF PUBLIC HEARING the Alexander-Gish Houle,- located in Hl~hland Pa¢~, to~her yam me and pmkin~ lot, to Old South- we~, Inc., for a period of five (5) y~m~. of t~15.2-/800(B) and 1813, Co<~ of Vl~l~nla (1950), as be held on ~ 20, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th FIo<w, Mun~pal B.IMIn& 215 Church A1~lue, S.W., ROal~O~e, Virginia. Further Infommtion M Water Resources Committee dated Mm~lt 6, 2000 Is avail- Ckld< for the C~y of Roanoke at (54O) 853-2541. ilit~ to be heard and express GIVEN u. der my hand this 12th Mary'S. Pa~er, City Clerk (137/845) NOTICE OF PUBLIC HEARING The City of Roanoke proposes to extend the lease of a certain City-owned structure known as the Alexander-Gish House, located in Highland Park, together with the outbuilding and parking lot, to Old Southwest, Inc., for a period of five (5) years. Pursuant to the requirements of §§15.2-1800(B) and 1813, Code of Virginia (1950), as amended, notice is hereby given that the City Council of the City of Roanoke will hold a public hearing on the above matter at its regular meeting to be held on March 20, 2000, commencing at 7:00 p.m., in the Council Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. Further information in the form ora report from the Water Resources Committee dated March 6, 2000 is available from the Office of the City Clerk for the City of Roanoke at (540) 853-2541. Citizens shall have the opportunity to be heard and express their opinions on said matter. GIVEN under my hand this 12th day of l~larch ,2000. Mary F. Parker, City Clerk. Note to Publisher: Please publish once in The Roanoke Times on Sunday, March 12, 2000. Send Publisher's Affidavit and Bill to: Mary F. Parker, City Clerk 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 H:LNOT1CE-WRC-CChNL-OIdS W-3 -20.00 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of April, 2000. No. 34750-040300. A RESOLUTION changing the place of commencement of the regular meeting of City Council scheduled to be held at 12:15 p.m., on Monday, April 17, 2000. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The place of commencement of the meeting of City Council scheduled to be held at 12:15 p.m. on Tuesday, April 17, 2000, in City Council Chambers at 215 Church Avenue, S. W., is hereby changed to the Exhibit Hall of the Roanoke Civic Center, 710 Williamson Road, N. W., in the City of Roanoke, Virginia, with the 2:00 p.m. session on the same date to be held in City Council Chambers of the Municipal Building, at 215 Church Avenue, S. W., in the City of Roanoke. 2. Resolution No. 34392-070699, adopted July 6, 1999, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to April 17, 2000. ATTEST: City Clerk. Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #60-429 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Gdsso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 3, 2000, Council Member Trout addressed the question of providing a 2.4 per cent cost-of-living increase for City retirees, effective July 1, 2000, which is equivalent to the Social Security increase that was provided on January 1,2000. It was the consensus of Council to refer the matter to the City Manager and the Director of Finance for report during fiscal year 2000-01 budget study. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc; Joyce L. Sparks, Retirement Administrator, Department of Finance Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File ~30 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 3, 2000, Council Member Swain requested a briefing on the Respond System. It was the consensus of Council to refer the matter to the City Manager for report. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io C:kMyFil~Lap~ik~ .wlxi Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #388 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: At a regular meeting of the Council of the. City of Roanoke which was held on Monday, April 3, 2000, Council Member Wyatt reiterated a previous request for information on consultant's fees in connection with the following: Roanoke Higher Education Center Parks and Recreation Master Plan Jefferson Center/Fitzpatrick Hall/Auditorium Police Building Railside Linear Park Carvins Cove Land Use Plan Mill Mountain Development Plan It was the consensus of Council to refer the matter to the City Manager for response. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io C:hMyFil~h~13.WlXt Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #58-184-429 Sandra H. Eakin Deputy City Clerk Darlene L. Burcham City Manager Roanoke, Virginia James D. Grisso Director of Finance Roanoke, Virginia Dear Ms. Burcham and Mr. Grisso: At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 3, 2000, Council Members Wyatt and Hudson addressed the cost of medical insurance and dental insurance for City retirees and requested a cost estimate of providing the same supplement to retirees as is provided to active City employees. It was the consensus of Council to refer the matter to the City Manager and the Director of Finance for report during fiscal year 2000-01 budget study. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget Kenneth S. Cronin, Manager, Personnel Management C:'~vly Files'u~-il3 .WlXt Mary F. Parker, CMC City Clerk CITY OF ROANOKE Office of the City Clerk April 6, 2000 File #144 Sandra H. Eakin Deputy City Clerk Dadene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: ,At a regular meeting of the Council of the City of Roanoke which was held on Monday, April 3, 2000, Council Member Swain called attention to the need for a campaign to educate citizens on the consequences of littering and the cost to taxpayers of removing lifter; and Council Member Hudson called attention to certain unsightly conditions on the west side of Peters Creek Road to Cove Road, N. W. It was the consensus of Council to refer the matters to the City Manager for response. Sincerely, Mary F. Parker, CMC City Clerk MFP:Io pc: Robert K. Bengtson, Acting Director, Public Works C:',J~yFiles'~13.Wl~