HomeMy WebLinkAboutCouncil Actions 05-03-99 Steer ROANOKE CITY CO UNCIL
ROANOKE NEIGHBORHOOD
PAR TNERSHIP STEERING COMMITTEE
May 3, 1999
12:20p. m.
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM, ROOM 159
M UNICIPA L S 0 U TH
AGENDA
o
o
Welcome. Mayor David A. Bowers.
Invocation.
Lunch.
Overview regarding the Roanoke
Committee:
a.
b.
C.
Updates on projects reported to Council last year:
a. Landlord-tenant training program
b. Code Enforcement Handbook
c. Zoning
Neighborhood Partnership
Programs and Budgets
Committees
Special Needs for Steering Committee Members
Steering
2
6. Other Partnership Activities:
ao
Partnership role with Roanoke Renaissance
Neighborhoods USA training and results
Police relations and Citizen Police Academy
Partnership activity with the Citizens Service Center
7. Other discussion items:
Recess and reconvene at 2:00 p.m. in the City Council Chamber.
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34257
Swain
ROANOKE CITY CO UNCIL
REGULAR SESSION
May 3, 1999
12:15p. m.
CI T Y C 0 UNCIL CHA MB ER
AGENDA FOR THE COUNCIL
1. Call to Order--Roll Call. All Present.
Recess and reconvene in the Emergency Operations Center Conference Room,
Room 159, Municipal Building South, for a joint session of City Council and
the Roanoke Neighborhood Partnership Steering Committee.
ROANOKE CITY CO UNCIL
ROANOKE NEIGHBORHOOD
PAR TNERSHIP STEERING COMMITTEE
May 3, 1999
12:20p. m.
EMERGENCY OPERA TIONS CENTER
CONFERENCE ROOM, ROOM 159
MUNICIPAL SOUTH
AGENDA
Welcome. Mayor David A. Bowers.
Invocation.
Lunch.
Overview regarding the Roanoke Neighborhood Partnership
Committee:
Programs and Budgets
Committees
Special Needs for Steering Committee Members
Updates on projects reported to Council last year:
Landlord-tenant training program
Code Enforcement Handbook
Zoning
Steering
2
6. Other Partnership Activities:
ao
Partnership role with Roanoke Renaissance
Neighborhoods USA training and results
Police relations and Citizen Police Academy
Partnership activity with the Citizens Service Center
7. Other discussion items:
Recess and reconvene at 2:00 p.m. in the City Council Chamber.
3
ROANOKE CITY CO UNCIL
REGULAR SESSION
May 3, 1999
2:00p. m.
CITY COUNCIL CHAMBER
AGENDA FOR THE COUNCIL
1. Call to Order-- Roll Call. All Present.
The Invocation was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America was
led by Mayor Bowers.
Welcome. Mayor Bowers.
4
NOTICE:
Meetings of Roanoke City Council are televised live on RVTV Channel 3.
Today's meeting will be replayed on Channel 3 on Thursday, May 6, 1999, at
7:00 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.
A SPECIAL MEETING OF ROANOKE CITY COUNCIL WILL BE
HELD ON MONDAY, MAY 3, 1999, AT 7:00 P.M., IN THE EXHIBIT
HALL, ROANOKE CIVIC CENTER, TO CONDUCT A PUBLIC
HEARING ON THE PROPOSED 1999-2000 GENERAL FUND BUDGET,
PROPOSED TAX INCREASES, AND THE ANNUAL UPDATE TO
HUD'S CONSOLIDATED PLAN. THE MEETING WILL BE
TELEVISED LIVE ON RVTV CHANNEL 3 AND REPLAYED ON
THURSDAY, MAY 6, IMMEDIATELY FOLLOWING THE REPLAY OF
THE REGULAR CITY COUNCIL MEETING.
FISCAL YEAR 1999-2000 BUDGET STUDY SESSIONS WILL BE HELD
ON MAY 4 AND 5, COMMENCING AT 8:30 A.M., IN THE
EMERGENCY OPERATIONS CENTER CONFERENCE ROOM,
ROOM 159, MUNICIPAL BUILDING SOUTH. A BUDGET STUDY
SESSION IS TENTATIVELY SCHEDULED FOR THURSDAY, MAY 6,
IF NECESSARY.
THE DAY OF PRAYER CEREMONY WILL BE HELD ON
THURSDAY, MAY 6, AT 12:05 P.M., AT LEE PLAZA.
5
A SPECIAL MEETING OF ROANOKE CITY COUNCIL WILL BE
HELD ON TUESDAY, MAY 11, 1999, AT 1:30 P.M., IN THE CITY
COUNCIL CHAMBER, TO ADOPT THE 1999-2000 FISCAL YEAR
BUDGET. THE MEETING WILL NOT BE TELEVISED INASMUCH
AS THE REGULAR MEETING OF THE ROANOKE COUNTY BOARD
OF SUPERVISORS WILL BE TELEVISED AT THAT TIME.
Charles W. Day and Brian J. Wishneff were re-elected as Trustees of the
Roanoke City School Board for terms commencing July 1, 1999, and
ending June 30, 2002.
File 11467
PRESENTATIONS:
Presentation of 25 year service
McMillan, Sheriff.
File 11121
award to
the Honorable
George M.
Recognition of the Roanoke Express Hockey Team.
File 113-388
Proclamation designating May 8, 1999, as Letter Carriers Food Drive Day.
File 113
Proclamation designating the week of May 3 - 9, 1999, as Public Service
Recognition Week.
File 113-184
Proclamation designating the week of May 2 - 8, 1999, as National Tourism
Week.
File #3-336
Proclamation designating the month of May 1999, as Virginia Heritage Tourism
Weeks.
File 113-336
Presentation of a recognition award for a City preservation effort. Dr. John
Kern, Director, Roanoke Regional Preservation Office; Mary Beth Layman,
President, Roanoke Valley Preservation Foundation; and Whitney H. Feldmann,
Governmental Relations Committee, Spokespersons. (10 minutes)
File #80-216
0
C-1
C-2
C-3
CONSENT AGENDA
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.
A communication from Mayor David A. Bowers requesting an Executive
Session to discuss vacancies on various authorities, boards, commissions and
committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of
Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #132 Session.
A communication from Mayor David A. Bowers requesting an Executive
Session to discuss a personnel matter, being consideration of the appointment
of a particular person as City Attomey, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #83-132 Session.
A report of the Acting City Manager requesting an Executive Session to
discuss the disposition of publicly held property, specifically the conveyance of
land and a building in the downtown area, pursuant to Section 2.1-344 (A)(3),
Code of Virginia (1950), as amended.
RECOMMENDED ACTION: Concur in request to convene in Executive
File #2-132 Session.
7
C-4
Copy of a communication from Mayor David A. Bowers addressed to the
Mayor of Littleton, Colorado, expressing sympathy regarding the tragic
occurrence at Columbine High School.
RECOMMENDED ACTION: Receive and file.
File/t132-467
REGULAR AGENDA
o
HEARING OF CITIZENS UPON PUBLIC MATTERS:
a. Presentation with regard to "School Safety and Security." Dr. E. Wayne
Harris, Superintendent, Roanoke City Public Schools. (10 minutes)
Received and filed.
File #467
b. Presentation by the Roanoke City Action Team. The Honorable Donald
S. Caldwell, Spokesperson. (10 minutes)
Received and filed.
File #184
4. PETITIONS AND COMMUNICATIONS: None.
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS:
A report with regard to revisions to the City Code relating to the
dog ordinance. (15 minutes)
The matter was referred to the City Attorney for preparation
of the proper measure for consideration by Council on
Monday, May 17, 1999.
File #24-54
ITEMS RECOMMENDED FOR ACTION:
o
A report recommending authorization for the City Clerk to
advertise a public hearing on Monday, June 21, 1999, for the
purpose of receiving public input on the issuance of $2.5 million
in bonds under the Public Finance Act of the Code of Virginia, and
appropriate said funds to the Roanoke Higher Education Center,
Inc.
The City Clerk was authorized to advertise a public hearing
for Monday, June 21, 1999, at 7:00 p.m.
File #53-414
o
A report recommending acquisition of certain interests in property
needed by the City for improvements to Frontage Road, Ferndale
Drive and Ordway Drive to provide access to the Johnson &
Johnson Vision Products facility.
Adopted Ordinance No. 34257-050399. (7-0)
File #2-450
b. DIRECTOR OF FINANCE:
1. A Financial Report for the month of March, 1999.
Received and filed.
File #10
6. REPORTS OF COMMITTEES:
ae
A report of the Bid Committee recommending execution of a unit price
contract with H. & S. Construction Company, in the amount of
$588,611.00, for construction of new concrete sidewalks, entrances and
curb, Phase IV; and transfer and appropriation of funds in connection
therewith. Council Member Carroll E. Swain, Chairperson.
Adopted Ordinance Nos. 34258-050399
Resolution No. 34260-050399. (7-0)
File #57-60
and 34259-050399; and
A report of the Bid Committee recommending award of a contract to L.
H. Sawyer Paving Co., Inc., in the amount of $1,681,099.60, for
construction of asphalt concrete overlays and pavement profiling of
various streets within the City of Roanoke; and appropriation of funds in
connection therewith. Council Member Carroll E. Swain, Chairperson.
Adopted Ordinance Nos. 34261-050399 and 34262-050399. (7-0)
File #60-514
7. UNFINISHED BUSINESS: None.
ge
INTRODUCTION AND CONSIDERATION OF
ORDINANCES AND RESOLUTIONS:
ao
Ordinance No. 34248, on second reading, authorizing execution of an
agreement with InSystems Technologies, Ltd., for the fee simple
conveyance of a portion of City-owned property, as well as an air rights
easement across said property, identified by Official Tax No. 1010310,
commonly known as a vacant lot at the northwest comer of Norfolk
Avenue and First Street, S. W., authorizing conveyance of said rights
upon certain terms and conditions.
Adopted Ordinance No. 34248-050399 on second reading. (7-0)
File #2-28-207-481
Ordinance No. 34252, on second reading, authorizing a lease between the
City of Roanoke and CHS, Inc., for the lease of additional airspace over
Crystal Spring Avenue, S. W., in the City, for a term commencing as
soon as all legal requirements are met and ending May 13, 2058.
Adopted Ordinance No. 34252-050399 on second reading.
(Council Member White abstained from voting.)
File #21-221-481
(6-0)
lO
Co
Ordinance No. 34253, on second reading, amending certain proffered
conditions for the rezoning of approximately 8.769 acres of land, located
on the west side of Oakland Boulevard, N. W., identified as Official Tax
No. 2250105, which conditional rezoning was previously approved by
the Council of the City of Roanoke, pursuant to Ordinance No. 33361
adopted on May 5, 1997.
Adopted Ordinance No. 35253-050399 on second reading. (7-0)
File #51
Ordinance No. 34254, on second reading, permanently vacating,
discontinuing and closing a portion of Edmund Avenue, N. E., a portion
of Light Street, and an undeveloped alley located at the intersection of
Baldwin Avenue which runs parallel to Edmund Avenue and proceeding
in a northeasterly direction for approximately 630 feet to the intersection
of Light Street.
Adopted Ordinance No. 34254-050399 on second reading. (7-0)
File #514
Ordinance No. 34256, on second reading, authorizing execution of a deed
of easement granting Shenandoah L.P., a drainage easement across City-
owned property located across the Forest Park Elementary School
property identified by Roanoke City Tax No. 2420201, upon certain
terms and conditions.
Adopted Ordinance No. 34256-050399 on second reading. (7-0)
File #28
9. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
bo
Inquiries and/or comments by the Mayor and Members of City Council.
At the Council meeting on Monday, May 17, 1999, Council Member
Swain advised of his intention to move that the report of the Water
Resources Committee under date of April 5, 1999, in regard to
acceptance of a donation and conveyance of certain property located
on McDoweli Avenue, N. W., to the City from the Roanoke
Redevelopment and Housing Authority for construction of a new
sign at the intersection of the Historic Gainsboro area, be taken from
the table.
File #178-468
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10.
OTHER HEARING OF
MATTERS:
CITIZENS
UPON
PUBLIC
Dr. George K. Bowers, President of the Board, Youth Haven - Sanctuary
Education Foundation, Inc., of the Roanoke Valley, expressed concern in
regard to the proposed funding reduction in the fiscal year 1999-2000
budget for Youth Haven - Sanctuary. Inasmuch as local matching funds
and State grant funds are involved, it was the consensus of Council that the
matter would be referred to the City Manager to meet with Dr. Bowers and
provide Council with a follow-up response.
File #60-305
Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., appeared before Council as
a student member of the Roanoke Valley Unit of the Virginia State
Parliamentarian Association. She expressed appreciation to the Mayor for
addressing the organization at its 42nd annual conference and read a poem
written by a member of the Association.
File #80
12
CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS
TO BE HEARD. IT IS A TIME FOR CITIZENS TO SPEAK AND A
TIME FOR COUNCIL TO LISTEN. MATTERS REQUIRING
REFERRAL TO THE CITY MANAGER WILL BE REFERRED,
WITHOUT OBJECTION, IMMEDIATELY FOR ANY NECESSARY
AND APPROPRIATE RESPONSE, RECOMMENDATION OR REPORT
TO COUNCIL.
CERTIFICATION OF EXECUTIVE SESSION: (7-0)
Mark A. Harris was appointed as a member of the Roanoke Neighborhood
Partnership Steering Committee for a term ending November 30, 1999.
File #15-110-488
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY Of ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 3rd day of May, 1999, CHARLES W. DAY was reappointed
as a Trustee of the Roanoke City School Board for a term of three years, commencing July
1, 1999, and ending June 30, 2002.
Given under my hand and the Seal of the City of Roanoke this 7th day of May,
1999.
City Clerk
H:~AGENDA99~MAY3.1
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 3rd day of May, 1999, BRIAN J. WISHNEFF was
reappointed as a Trustee of the Roanoke City School Board for a term of three years,
commencing July 1, 1999, and ending June 30, 2002.
Given under my hand and the Seal of the City of Roanoke this 7th day of May,
1999.
City Clerk
H:'~AGENDA99~MAY3.1
Office of the Mayor
CITY OF ROANOKE
l'O
Given under our hands and the Seal of the City of Roanoke this third day of May
nineteen hundred and ninety-nine.
WHE~S, the Roanoke Express began six seasons ago at the Roanoke Civic
Center under the slogan, "All Aboard"; and
WHEREAS, over a million fans have come aboard and enjoyed the exciting hard-
hitting action of the Roanoke Express; and
WHE~ the Express has boasted a winning record and made it into the post
season in each and every year of its existence; and
WI-IE~,
the 1998-99 season has been the best ever, winning the second
straight Northeast Division Crown and first regular season Northern
Conference Title; and
WHEREAS,
the Roanoke Express has begun its third round of the Kelly Cup
Playoffs, marking the first time that the Express has' advanced past
the second round of playoffs in the team's six seasons; and the
Express is closer to an East Coast Hockey League Title than any
other team in franchise history.
NOW,
THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, in recognition of outstanding efforts and accomplishments by the
coaches, players and staff of the Roanoke Express hockey team, do hereby
proclaim Monday, May 3, 1999, throughout this great All-America City, as
ROANOKE EXPRESS DA Y.
ATTEST'
Mary F. Parker
City Clerk
David A. Bowers
Mayor
Orifice oJ tl e Mayo r
CITY OF ROANOKE
Given under our hands and the Seal of the City of Roanoke this third day of May
nineteen hundred and ninety-nine.
WHEREAS, the City of Roanoke, Virginia, was chartered in 1882, and since that
date, letter carriers have played an important public service,
contributing to the well-being of all citizens; and
WHEREAS, the National Association of Letter Carriers has identified a need in
America to feed the hungry and is actively seeking to relieve this need
through a national food drive; and
WHEREAS, the Letter Carriers of NALC Branch 524, as well as all rural carriers
have worked over I00 years to provide needed services to the
community, helping those in nee& and
WHEREAS, the food received in this food drive will be donated to meet the needs
of less fortunate citizens by supplying local food pantries with food
to serve the hungry and the homeless; and
WHEREAS, the City of Roanoke is proud to thank all those who donate food and
the letter carriers who provide the extra effort to make the food drive
a success.
NOW,
THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, urge all citizens to join NALC Branch 524 and the rural carriers
by participating in the annual food drive, and do hereby proclaim Saturday,
May 8, 1999, throughout this great All-America City, as
LETTER CARRIERS' FOOD DRIVE DAY.
Mary F. Parker
City Clerk
David A. Bowers
Mayor
Office of the Mayor
CITY OF ROANOKE
Given under our hands and the Seal of the City of Roanoke this third day of May
nineteen hundred and ninety-nine.
ttqtEREAS,
public service is among the most noble and demanding of vocations,
requiring that the needs of a dynamic and diverse population be met
daily; and
extraordinary men and women work on a daily basis to provide vital
family, health and educational services, to improve transportation
and water quality, to defend freedom and to preserve the
environment, while helping to improve government services in a more
cost effective manner; and
IFItEREAS,
our public employees are to be commended for recognizing the
responsibilities of public service and also the opportunities it offers
to improve the quality of life for individuals, families and
communities.
NOW,
THEREFORE, I, David .4. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim May 3 - 9, 1999, throughout this great
All-America City, as
PUBLIC SER VICE RECOGNITION WEEK.
A ITEST. iw'~
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 May
nineteen hundred and ninety-nine.
ItqtEREAS,
the travel and tourism industry supports the vital interests of the
Roanoke Valley and the United States of America by contributing to
employment, economic prosperity, international trade and relations,
peace, understanding and goodwill; and
WHEREAS,
travel and tourism ranks as one of the Roanoke Valley's largest
industries in terms of revenue generated by contributing
$294,520,000 to the economy in 1997, generating $13,160,000 in
local taxes, and providing jobs for 4,870 citizens in the Roanoke
Valley which generated a payroll ors 74, 2 70, 000; and
WHEREAS,
as people throughout the world become more aware of the
outstanding cultural and recreational resources available in the
Roanoke Valley and in the United States, travel and tourism will
become an increasingly important aspect in the lives of citizens.
NOW, THEREFORE, I, David A. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim the week of May 2 - 8, 1999, throughout this
great All-America City, as
NATIONAL TOURISM WEEK.
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 May
nineteen hundred and ninety-nine.
WI-IE~, the richness of Virginia's history is unparalleled across this vast
nation; and
WHEREAS,
historic preservation, because it helps instill a sense of community,
is relevant for Roanoke City residents of all ages, all walks of life,
and all ethnic backgrounds; and
WHEREAS,
it is important to celebrate the role of history in our lives and the
contributions made by dedicated individuals who preserve the
tangible aspects of the heritage that shape us as residents of Roanoke
City and as Virginians; and
WHEREAS,
"Celebrate Virginia" is the theme for Virginia Heritage Tourism
Weeks during the month of May, and "Protecting the Irreplaceable"
is the theme for National Historic Preservation Week on May 9 - 15,
1999, cosponsored by the Commonwealth of Virginia and the
National Trust for Historic Preservation.
NOW,
THEREFORE, I, David .4. Bowers, Mayor of the City of Roanoke,
Virginia, do hereby proclaim May 9 - 15, 1999, throughout this great
All-America City, as
NATIONAL HISTORIC PRESER VA TION WEEK.
ATTEST:
Mary F Parker
City Clerk
David A. Bowers
Mayor
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
May 3, 1999
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
I wish to request an Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1),
Code of Virginia (1950), as amended.
Sincerely,
David A. Bowers
Mayor
DAB:se
May 3, 1999
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
This is to request that Council convene in Executive Session to discuss the
disposition of publicly held property, specifically the conveyance of land and a building
in the downtown area, pursuant to {}2.1-344(A)(3), Code of Virginia (1950), as amended.
Respectfully,
Jan~{ D. Ritchie
Actin~ City Manager
JDR:cmk
William X. Parsons, Acting City Attorney
James D. Grisso, Director of Finance
Phillip F. Sparks, Chief, Economic Development
Mary F. Parker, City Clerk
Gary Tegenkamp, Assistant City Attorney
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
April 26, 1999
Honorable Pat Cronenberger
Mayor
2255 West Barry Avenue
Littleton, Colorado 80165
Dear Mayor Cronenberger:
On behalf of the citizens of Roanoke, I want to write to express
our deepest sympathy and condolences to the people of your city
regarding the tragic occurrence at Columbine High School last week.
All of America joins you and the Littleton community of parents,
teachers and students in your sorrow.
Please know that if there is anything we can do to be of assistance
to you, do not hesitate to contact us.
The Littleton community is in our thoughts and prayers here at
Roanoke.
Sincerely,
David A. Bowers
Mayor
DAB: jsj
pc: Members, Roanoke City Council
Roanoke
City Public Schools
Publia Information Offiae · P.O. Box 1334§, Roanoke, Virginia 24031
Telephone: (,540)853-2816 ° Fax: (540)853-2817
April 27, 1999
Mrs. Mary Parker
Clerk to City Council
City Municipal Building
215 Church Avenue
Roanoke, VA 24011
Dear Mrs. Parker:
The Roanoke City Public Schools welcomes the opportunity to share instructional innovations and
highlights with City Council. The Superintendent requests that a presentation on "School Safety and
Security," no longer than 10 minutes in length, be included as an agenda item for the 2:00 p.m. session of
the City Council meeting on Monday, May 3, 1999.
Dr. Harris will share information and if agreed as part of the agenda, he will need an overhead projec-
tor and screen.
We look forward to this sharing opportunity with Council. If I may answer any additional questions,
please don't hesitate to call (2816).
/il
cc:
Mr. James Ritchie
Dr. E. Wayne Harris
Sincerely,
L~~s~uny~
Public Information Officer
Excellence in Education
Roanoke
City Public Schools
Superintendent of Schools * RO. Box 13145, Roanoke, Virginia 24031 * 540-853-2381, Fax: 540-853-2951
E. Wayne Harris, Ed.D
April 30, lggg
Dear Parents:
The purpose of this letter is to inform the citizens of Roanoke City about the efforts
we are making to maintain safe and orderly schools. Our efforts are focused on eliminat-
ing the potential for acts of violence at any of our 29 campuses.
Maintaining safe and orderly schools is our first priority. Before the incidents in
Paduka, Kentucky; Springfield, Oregon; Pearl, Mississippi; and Littleton, Colorado;
safeguards were in place in Roanoke City Schools to help insure that students could learn
in a safe environment. Many of the initiatives described in this commentary are a result of
the unique collaborative spirit that exists among the School Board and staff, Roanoke City
police, emergency medical services, city officials, parents, religious institutions, and others
in the community.
Many of you have asked what you can do to help, and I thank you for your support.
There is a major role for parents and other citizens to play as we strive to maintain safe
schools. I ask that you contribute in the following ways:
Talk with your child about appropriate behavior and making wise
choices. Please remind your child that joking about any act of
violence is never acceptable. Guide your child regarding what is
appropriate behavior while at school.
Maintain regular contact with your child's teacher(s) and principal
and work together to help create the positive learning environment
that will benefit your child.
Visit your child's school periodically. Your presence lends
credibility to the value of education and will enhance safety and
orderliness. Your presence will also demonstrate support to your
child and the school.
I want to share some of the things that we already have in place and some of the
things that we are doing to help preserve safe and orderly schools. Your support of these
actions is appreciated.
Members of the Roanoke City Police Department are present in our schools and
serve as School Resource Officers (SRO) at the high schools and DARE officers at the
middle and elementary schools. We know that the presence of uniformed police officers
Preparing Students for Success
Parents
Page 2
April 30, 1999
is a deterrent to inappropriate and unsafe behavior. The primary role of the School
Resource Officers is to establish a healthy, trusting relationship between students and law
enforcement officials.
Each high school has security guards who monitor the two main entrances and
regularly patrol the campus areas. As an added precaution, random use of metal
detectors will occur twice a week for the remainder of the school year. I am in the process
of assigning additional security personnel to each high school. The Police Chief has
responded to my request to increase the number of rolling patrols around the middle and
high schools on an as-needed basis.
Our schools have a well-defined crisis plan which specifies procedures to follow
should an emergency occur. Principals will review their plan with the entire school staff.
School bus drivers have been briefed on additional safety measures.
Students are taught and encouraged to take responsibility for their own actions.
Peer mediation, Character Counts, conflict resolution, and anger management programs
exist at many schools, and student-led initiatives such as Students Against Violence
Everywhere (SAVE) were established at both high schools last year.
The behavior guide, Standards and Expectations for Student Behavior, has been in
effect since 1994. This booklet spells out student conduct code and consequences for
infractions. The School Board has endorsed a zero-tolerance policy on weapons, assault,
and substance abuse with severe consequences when acts of violence occur. The
Standards are mailed home along with a pledge sheet for parents and students to sign.
The Standards are reviewed with students at the beginning of each school year. Addition-
ally, students engage in classroom discussions about the Standards and Expectations to
insure they know school rules.
Employees of the Roanoke City Public Schools are committed to providing the best
educational environment for our children. We will continue to work with parents, citizens,
agencies, and institutions to achieve our common goal to maintain an educationally
stimulating and safe school climate for our students and teachers.
I invite your input and assure you that our schools are doing an excellent job of
preparing our students for a bright and productive future.
Sincerely yours,
E. Wayne a~rris, Ed.D.
Superintendent
cl
Roanoke, Virginia
May 3, 1999
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Please reserve space May 3, 1999, on Council's 2:00 p.m. agenda for a Briefing
concerning Revisions to the Dog Ordinance in the City Code.
Respectfully submitted,
s D. Ritchie
City Manager
CC:
City Attorney
Director of Finance
DRAFT
May 17, 1999
Council Report No. 99-410
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Revisions to the Dog Ordinance in the City Code
BACKGROUND
Documented citizen concern and complaints about dogs running without a
leash, dogs defecating on public and private property, and dogs disturbing
their neighbor's ability to enjoy their own property, have been made to the
Animal Control Unit, the Citizens Service Center, the City Manager's
Office, the Roanoke Neighborhood Partnership, and other offices
responding to citizens' concerns.
September 1997, representatives from several city departments began
having meetings to define problems and issues related to dogs. The
Police Department, City Attorney, Commonwealth's Attorney, City
Manager's office, Animal Control, Zoning and Neighborhood Partnership
were all represented. In addition, Dr. S. A. Eichelberger, D.V.M., was
invited to represent the practitioners of veterinary medicine.
After several meetings with neighborhood organizations, the
Neighborhood Presidents' Council and various other groups, including
Roanoke Kennel Club, the Star City Canine Club, the SPCA, a draft
ordinance was written in October 1998, which addressed the many issues
pertaining to changes in Chapter 6, Animals and Fowl, Code of the City of
Roanoke, 1979.
II.
CURRENT SITUATION
A. The Animal Control Unit, the Police Department, and other city offices
continue to receive numerous complaints from citizens regarding public
III.
IV.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 2
May 17, 1999
safety, and the health and welfare of citizens as it pertains to the
inconsistency of the current dog ordinance.
The Virginia State Code has changed to mandate that animals must be
vaccinated by four (4) months of age instead of six (6) months; and, that
the animal's gender does not have to be specified on the certificate. This
is in agreement with local Treasurers across the State, because it
simplifies the tracking of the animal's vaccination records.
Co
An advertised public meeting was held at Fitzpatrick Hall November 30,
1998, with more than seventy (70) citizens participating. Their
suggestions were incorporated into the proposed ordinance, and have
since been approved by the various organizations and citizens who have
expressed an interest in an ordinance pertaining to dogs.
The issues in the proposed ordinance highlighted the following: number of
dogs allowed per household in a residential area, a "leash law," the "fecal
cleanup law," and the public nuisance issues. These and other issues
have resulted in agreeable revisions to the ordinance between the city
and its citizens. Included are copies of letters from various organizations
approving the revisions to this ordinance.
ISSUE___~S
A. Legal.
B. Cost.
ALTERNATIVES
Ao
Amend the City Code by adoption of the proposed ordinance to include
the following:
"Public nuisance animal" defined. It is a class 3 misdemeanor (up
to $500.00 fine) to keep a public nuisance animal in the city, and
the animal may be impounded. In addition, any person injured or
damaged by a public nuisance animal may seek injunctive relief.
§6-11.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 3
May 17, 1999
Duty of animal owners to protect other persons, animals and
property from injury or damage resulting from their animal's
behavior is codified. §6-12.
Definition of "dog" is broadened to include hybrids and crosses.
§6-22.
Definition of "to run at large or running at large" is amended so that
dogs under voice or hand control will violate §6-23 prohibiting
owners from allowing a dog to run at large. This is a class 4
misdemeanor (up to $250.00 fine.)
Dogs kept on residentially zoned property or property used for
residential purposes are limited to four (4) dogs. §6-27.
Owners are required to remove feces deposited by their animals on
public property or on private property without permission. Violation
is a class 4 misdemeanor (up to $250.00 fine.) §6-29.
Distinction between male and female dogs is abandoned for
purposes of license fees. §6-42.1(a).
Annual license fees for unsterilized dogs are set at $10.00 (highest
permitted by State Code) and $5.00 for sterilized dogs. §6-42.1(a).
License fee for commercial kennels is increased in $50.00
increments up to a kennel for fifty (50) dogs. §6-42. l(a).
Provision is made for three-year dog licenses at discounted rates -
$25.00 unsterilized and $10.00 sterilized. §6-42.1(b).
Service dogs. guide dogs and hearing dogs are exempted from
license fees. §6-42.1(d).
One who becomes the owner of a dog must obtain a license within
30 days. §6-43.
Licenses will be required for dogs four (4) months of age or older
(currently 6 months.) §6.43.
~
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 4
May 17, 1999
Licenses will no longer state the sex of a dog, but will state whether
sterilized or unsterilized. §6-45(b).
Legal - City Council is authorized to approve revisions to the City
Code.
Cost - Additional materials, equipment, or personnel related to
enforcement of these revisions will be absorbed in the current
budget.
Animal Control personnel and, when appropriate, Police
Department personnel would be responsible for enforcement
of the Dog Ordinance.
Animal Control and the Police Department would assume
~ for enforcement when departments, such as
Zoning and Animal Control, overlap, thereby reducing
confusion as to enforcement responsibility.
Do not amend the City Code
1. Legality is not an issue.
2. Cost is not an issue.
r~3.~Er,.e,~.e,~ would remain the same. The current ordinance is
confusing for enforcement agencies when jurisdictions overlap. In
addition, Zoning is unable to adequately enforce certain kennel
laws. This results in increased confusion and dissatisfaction to
those citizens seeking assistance.
The Honorable David A. Bowers, Mayor
and Members of City Council
Page 5
May 17, 1999
V. RECOMMENDATION
City Council concur with Alternative A, by amending and reordaining Chapter 6,
Code of the City of Roanoke, Animals and Fowl, as outlined in Section IV.A of
this report. Also, authorize Director of Finance to update the city's fee
compendium as this ordinance indicates.
Respectfully submitted,
WRH/hw
W. Robert Herbert
City Manager
CC:
City Attorney
Finance Director
City Clerk
Director of Public Safety
Police Chief
Major, Patrol Division
Animal Control Supervisor
Donald Thorne, Executive Director, SPCA
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
May 7, 1999
File #53-414
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
At a regular meeting of the Council of the City of Roanoke which was held on Monday, May
3, 1999, the City Clerk was authorized to advertise a public hearing for Monday, June 21,
1999, at 7:00 p.m., for the purpose of receiving public input on the issuance of $2.5 million
in bonds under the Public Finance Act of the Code of Virginia, and appropriate said funds
to the Roanoke Higher Education Center, Inc.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc:
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Barry L. Key, Manager, Office of Management and Budget
Deborah J. Moses, Assistant to the City Manager for Special Projects
H:~A. GEND~Y3. I
May 3, 1999
Council Report No. 99-12
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
SUBJECT: Roanoke Higher Education Center
BACKGROUND
January 1996, Virginia General Assembly funds a feasibility study of
converting the former headquarters building of the Norfolk and Western
Railway into a training and education center in downtown Roanoke. The
study concludes that the building is a feasible structure for the Center;
renovation costs compare very favorably to newconstruction costs for similar
centers in Virginia, and, that by designing shared use within the building, a
30% space savings could be realized.
1997, the General Assembly adopts HBl180 establishing the Roanoko
Higher Education Authority to expand access to education offerings in the
Roanoke Valley and to own, construct, and operate the Roanoke Higher
Education Center.
Co
July 1997, Roanoke City Council supports the establishment of a Higher
Education Investment fund with a pledge of $2.5 million from city funds to
establish this Center in downtown Roanoke.
Destination Education, a group of more than 70 businesses, civic and
educational leaders is established to lead the regional effort to make the
Roanoke Education Center a reality.
Eo
October 1997, the State Council for Higher Education unanimously endorses
the Center as a centralized educational and training hub for the Roanoke
region. Eleven public and private colleges and universities and two
workforce training entities have signed letters of intent to locate within the
Center.
December 1997, Norfolk Southern Corporation donates their former
headquarters building to the Roanoke Foundation for Downtown, Inc. to
house the Roanoke Higher Education Center.
G°
February 1998, the Vir,qinia General Assembly provides $5,379,000 to
renovate the former N&W headquarters building for the Center, and $62,500
for operating expenses of the Authority.
The Honorable Mayor and Members of Council
Council Report No. 99-12
May 3, 1999
Page 2
May 1998, Roanoke City Council includes $250,000 towards the Higher
Education Center Project as part of the FY98-99 General Fund Budget.
July 1998, the Roanoke Higher Education Center Authority becomes
effective. The Authority employs an architectural firm to prepare design and
construction plans for the Center. The number of perspective tenants in the
Center has increased to fifteen.
II
CURRENT SITUATION
January 1999, Governor Gilmore includes $3.6 million in his state budget, to
be used to renovate the Center, and $162,500 in operating costs for the
Authority which was approved by the General Assembly.
The Roanoke Foundation for Downtown, Inc. is in the process of donating
the building to the Roanoke Higher Education Center, Inc.
Contracts have been awarded for internal demolition and asbestos
abatement in the building. Renovation bids will be received by the Authority
in August 1999 with construction to begin in September 1999. The
anticipated opening date for the Center is September 2000.
The City is requested to provide full funding for its $2.5 million investment
to renovate the Center. The city also anticipates providing parking and
certain public infrastructure improvements in the public spaces surrounding
the Center.
The Code of Virginia gives localities the authority to issue bonds pursuant
to the Public Finance Act for such suitable public purposes. The Act further
requires that a public hearing be held to receive citizen input on this
issuance.
III
ISSUES
B.
C.
D.
E.
Timing
Economic Impact
Funding
City Council's Vision
Historic Preservation
The Honorable Mayor and Members of Council
Council Report No. 99-12
May 3, 1999
Page 3
IV ALTERNATIVES
City Council authorize the City Clerk to advertise for a public hearing to be
held on June 21, 1999, for the purpose of receiving public input on the
issuance of $2.5 million in bonds under the Public Finance Act of the Code
of Virginia.
Timing would ensure that construction will begin on schedule and the
Center will open in September 2000.
Economic impact of the Center as a new and vital anchor to
downtown business will be immediate bringing hundreds of students
to the downtown area.
Funding for debt service for these bonds will be made from general
fund revenues. Funding in the amount of $250,000 has been
included in the FY99-00 recommended budget to be adopted by City
Council on May 11, 1999. Continued annual funding of this amount
will be adequate to fund debt service requirements on the bonds.
City Council Vision will be addressed by providing workforce training
and life long learning opportunities for the region.
Historic Preservation will ensure the adaptive reuse of this historically
significant landmark in downtown Roanoke.
City Council not authorize the City Clerk to advertise for a public hearing on
June 21, 1999, for the purpose of receiving public input on the issuance of
$2.5 million in bonds under the Public Facilities Act of the Code of Virginia.
Timing would not be an issue as without the City's funding the
renovation of the building cannot be completed.
2. Economic impact of the project will not take place.
Funding repayment would not be an issue as the bonds will not be
sold.
City Council Vision commitment for workforce training support and life
long learning opportunities will not be realized through this project.
Historic Preservation will not be accomplished through the adaptive
reuse of this building.
The Honorable Mayor and Members of Council
Council Report No. 99-12
May 3, 1999
Page 4
V RECOMMENDATION
City Council concur with Alternative A and authorize the City Clerk to
advertise for a public hearing to be held on June 21, 1999, for the purpose
of receiving public input on the issuing of $2.5 million in bonds under the
Public Finance Act of the Code of Virginia.
Respectfully submitted,
Acting City Manager
JDR/DJM/ca
CC:
Diane S. Akers, Acting Assistant City Manager
James D. Grisso, Director of Finance
William X Parsons, Acting City Attorney
Kit B. Kiser, Director of Utilities & Operations
William F. Clark, Director of Public Works
Barry M. Key, Manager, Office of Management & Budget
Deborah J. Moses, Assistant to the City Manager, Special Projects
Mary F. Parker, City Clerk
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
May 4, 1999
File #2-450
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34257-050399 providing for acquisition of certain
interests in property needed by the City for improvements to Frontage Road, Ferndale
Drive and Ordway Drive to provide access to the Johnson & Johnson Vision Products
facility; setting a certain limit on acquisition costs of such property rights; providing for the
City's acquisition of such property rights by condemnation, under certain circumstances;
and authorizing the City to make motion for the award of a right of entry on the property for
the purpose of commencing the project. The abovereferenced measure was adopted by
the Council of the City of Roanoke at a regular meeting which was held on Monday, May
3, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
H:'~GENDAg~',~VL~.Y3. I
James D. Ritchie, Sr.
May 4, 1999
Page 2
pc:
Kit B. Kiser, Director, Utilities and Operations
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Engineering Coordinator
Alicia F. Stone, Accountant, Contracts and Fixed Assets
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
H?,,A. GENDA99'~IAY3. I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1999.
No. 34257-050399.
AN ORDINANCE providing for the acquisition of certain interests in property needed by
the City for improvements to Frontage Road, Femdale Drive and Ordway Drive to provide access
to the Johnson & Johnson Vision Products facility; setting a certain limit on the acquisition costs of
such property rights; providing for the City's acquisition of such property rights by condemnation,
under certain circumstances; authorizing the City to make motion for the award of a right of entry
on the property for the purpose of commencing the project; all upon certain terms and conditions;
and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the improvements to Frontage Road, Femdale Drive and Ordway Drive, thereby
providing access to the Johnson & Johnson Vision Products facility, the City wants and needs certain
fee simple interests, permanent and temporary construction easements, and/or rights of ingress and
egress, to property identified by Tax Map Nos. 6450104, 6450109, 6450110, 6450111, 6450112,
6450113, 6450114, 6450115, 6450119, 6460101,6460102, 6460103, 6460104, 6460105, 6460106,
6472301, 6472302, 6490304, 6490305, 6490406, and 6490408. The proper City officials are
authorized to take appropriate action to acquire the necessary property rights for the City from the
respective owner or owners for such consideration as the City Manager deems appropriate, subject
to certain limitations and subject to the applicable statutory guidelines, providing the acquisition
costs of such property rights shall not exceed $425,000.00 without further authorization of Council,
all as more fully set forth in the report to Council dated May 3, 1999. All requisite documents shall
be approved by the City Attorney.
2. Upon delivery to the City of a deed, approved as to form and execution by the City
Attorney, the Director of Finance is directed to pay the consideration to the owner or owners,
certified by the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner or owners of the real estate
identified above, or should any owner or owners be a person under a disability and lacking capacity
to convey such interest or should the whereabouts of the owner or owners be unknown, the City
Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the
City the property rights identified above.
4. In seeking or conducting any condemnation proceeding, the City Attorney is
authorized to make a motion on behalf of the City for entry of an order, pursuant to §25-46.8 or
§ 33.1-120, et seq, Code of Virginia (1950), as amended, granting to the City the right to enter upon
the property for the purpose of commencing the project. The Director of Finance, upon request of
the City Attorney, shall be authorized and directed to draw and pay into court the sums offered to
the respective owner or owners.
5. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
H:\ORD-GEI~O-FRONTAGE
May 3, 1999
Council Report No. 99-125
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS
TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE
AND ORDWAY DRIVE, PROVIDING ACCESS TO
JOHNSON & JOHNSON VISION PRODUCTS
Background on the subject in chronological order is as follows:
Ao
The City of Roanoke entered into a performance a.qreement with Johnson &
Johnson Vision Products (J&J).
The performance a.qreement requires that the City of Roanoke perform certain
off-site improvements to provide access to the J&J facility. The off-site
improvements are to be completed by July 1,2000 (See attached map listed as
Attachment A.)
The proposed improvements include extending Frontage Road so that the J&J
site will be accessible from Peters Creek Road and Hershberger Road. A cul-de-
sac will terminate Ferndale Drive approximately 400' from the intersection of
Ferncliff Drive. Ordway Drive will be extended so that J&J will have access to
the back of their manufacturing site.
II.
Current situation is as follows:
Plans are sufficiently complete to identify the property rights needed to
construct the project. The owners of the various properties from whom these
property rights are to be obtained are listed on Attachment B, hereto, together
with tax map numbers.
Authorization is needed to proceed with title work, appraisals, ne.qotiations with
property owners and document preparation.
III.
Issues in order of importance are as follows:
A. Need
B. Schedule
C. Fundin.q
Honorable Mayor and Members of City Council
PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS
TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE
AND ORDWAY DRIVE, PROVIDING ACCESS TO
JOHNSON & JOHNSON VISION PRODUCTS
May 3, 1999
Page 2
IV.
Alternatives in order of feasibility are as follows:
City Council authorize the City Manager to take appropriate action in order to
accomplish the acquisition of all property rights necessary for the construction
of the proiect, in a form acceptable to the City Attorney. Said property rights
may be acquired by negotiation or eminent domain and include fee simple,
permanent easements, temporary construction easements, right-of-way,
licenses or permits, etc. The estimated cost of acquisition of the above said
property rights is $425,000.
1. Need to provide access to J&J facility is met.
2. Schedule is critical to avoid project delays.
Funding of $425,000 is available in Capital Project account number 008-
002-9700, "J&J Off-Site Improvements".
City Council does not authorize the City Manager to take appropriate action in
order to accomplish the acquisition of all property rights necessary for the
construction of the proiect, in a form acceptable to the City Attorney. Said
property rights may be acquired by negotiation or eminent domain and include
fee simple, permanent easements, temporary construction easements, right-of-
way, licenses or permits, etc. The estimated cost of acquisition of the above
said property rights is $425,000.
1. Need to provide access to J&J facility is not met.
The scheduled completion date as agreed upon between the City of
Roanoke and J&J would be impacted.
Funding would remain available in Capital Project account number 008-
002-9700, "J&J Off-Site Improvements".
Recommendation is as follows:
City Council concur in alternative "A" and take the following action:
Honorable Mayor and Members of City Council
PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS
TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE
AND ORDWAY DRIVE, PROVIDING ACCESS TO
JOHNSON & JOHNSON VISION PRODUCTS
May 3, 1999
Page 3
Authorize the City Manager to take appropriate action in order to accomplish the
acquisition of all property ri.qhts necessary for the construction of the proiect,
in a form acceptable to the City Attorney. Said property rights may be acquired
by negotiation or eminent domain and include fee simple, permanent easements,
temporary construction easements, right-of-way, licenses or permits, etc. The
estimated cost of acquisition of the above said property rights is $425,000.
Respectfully submitted,
JDR/JMB
Attachments
C;
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Engineering Coordinator
Accountant, Contracts and Fixed Assets
Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
ATTACHMENT A - TO COUNCIL REPORT ~99-125
PETERS CREEK ROAD~- -- ~
t
\ FCONOMIC ~,~
DEVELOPMENT__~._ ·
SITE
\\ PROPOSED
~ CUL-DE-SAC-
..~\ IMPROVEMENTS
/ ' ~\ TO ExISTiNG - ~ ORDWAY ORIVE
PROPOSED
NEW
CONSTRUCTION
CUL-DE-SAC
ATTACHMENT B TO COUNCIL REPORT #99-125
PROPERTY RIGHTS ACQUISITION FOR IMPROVEMENTS
TO EXISTING FRONTAGE ROAD, FERNDALE DRIVE
AND ORDWAY DRIVE, PROVIDING ACCESS TO
JOHNSON & JOHNSON VISION PRODUCTS
COUNCIL REPORT NO. 99-125
TAX MAP NUMBER
6450113
6450112
6450119
6450114
6450115
OWNER
Emergency Veterinary Services of Roanoke Inc.
WDBJ Television Inc.
IHC Roanoke Partnership LP
IHC Roanoke Partnership LP
ESA 0291 Inc.
6450111 Allred Investment Company
6450110 AFH Corp.
6450109 AFH Corp.
6450104
6460104
6460105
6460101
Doris D. Scott ETAL - Trustees
Boulevard Motel Corp.
Boulevard Motel Corp.
Johnson & Johnson Vision Products
6460106 Johnson & Johnson Vision Products
6460103 City of Roanoke
6460102 City of Roanoke School Board
6472301
6472302
6490304
6490406
Newbem Properties LP
U.S. Golf Properties LP
Rafan LLC
City of Roanoke
Department of Finance
City of Roanoke, Virginia
May 3, 1999
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
March Financial Report
This financial report covers the first nine months of the 1998-99 fiscal year. The following narrative
discusses revenues and expenditures to date.
REVENUE
General Fund revenues reflect an increase of 7.17% or $7,074,000 compared to FY98. Variances in
specific categories of revenues are as follows:
General Property Taxes have increased 6.03% or $2,121,000. Real estate taxes are up 5.59% due to
greater collections through March of FY99 than through March of FY98. Tax bills were mailed earlier
this year and tax payments from several large mortgage corporations were received in advance. An
increase of 3.25% was budgeted. The second installment of real estate taxes was due April 5, and
personal property taxes are due June 1.
Other Local Taxes are up 5.75% or $2,052,000. Sales tax rose $953,000 or 8.83%, in part due to a
timing difference regarding the receipt of June 1998 tax. Taking this into consideration, sales tax is up
7.44%, largely due to better Christmas sales in FY99 than in FY98. Business and professional
occupational license tax, which was due March 1, increased $280,000 or 2.97%. An increase of 1.87%
was budgeted. Electric service utility tax revenue is also up.
Revenue from Use of Money and Property decreased $133,000 Or 17.70% due to a decline in interest
revenue resulting fi:om lower average daily cash balances in the General Fund.
Grants-in-Aid Commonwealth are up $2,823,000 or 12.94%. Social services reimbursements fi:om
the Commonwealth have increased across the board. Due to welfare reform, the City now receives
more funding designated for day care service payments. Reimbursement received under the
Comprehensive Services Act rose due to an increase in the number of clients served and the intensity
of services provided.
Grants-in-Aid Federal Government have decreased $17,000 or 49.68% due to a timing difference
in the receipt of quarterly FEMA revenue.
Miscellaneous Revenue increased 40.14% or $52,000 because the payment in lieu of taxes made by
Roanoke Redevelopment and Housing Authority was received in February of FY99 but was not
received until May of FY98. This increase was partially offset by a decline in proceeds fi:om the sale
of surplus property.
Internal Services are up $199,000 or 15.12% due to an increase of approximately $150,000 in the
billing by Occupational Health Services to fund the employee health clinic. FY98 was the first year
for such billings, and the amount of the billing has increased this year. Billings by street maintenance
also rose.
Honorable Mayor and Members
Roanoke City Council
May 3, 1999
Page 2
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances in the General Fund have increased 8.05% or $10,004,000 since FY98.
Personal service costs of many departments increased due to timing differences associated with payroll
processing. Three payrolls were processed in March of 1999 while three payrolls were not processed
until April of 1998. This timing difference caused personal services expenditures to increase
approximately 5% through March. Other variances in individual expenditure categories are discussed
below.
General Government expenditures increased 16.19% or $1,232,000. CIS charges to the
Commissioner of thc Revenue and the Treasurer rose due to systems development related to the
personal property tax relief act. CIS charges to the Department of Finance increased due to systems
development related to a new release of the accounting system. Expenditures of the Office of Billings
and Collections are up due to thc purchase of computer equipment and increased CIS charges relating
to the new utility information system.
Judicial Administration expenditures are up $244,000 or 7.75% due to increased personal services
costs by thc Sheriff and Commonwealth's Attorney. Circuit Court expenditures rose due to increased
personal services costs and thc purchase of office furniture.
Public Safety expenditures are up $2,634,000 or 9.58%. Expenditures by the Jail rose due to increased
personal services costs and a decline in reimbursements received. CIS charges relating to the year 2000
and the new automated public safety system for the Police department also rose.
Health and Welfare expenditures rose $2,824,000 or 19.54%. Due to welfare reform, the City now
receives more funding designated for day care service payments. Day care service benefits provided
to clients increased substantially from FY98 to FY99 as a result. Expenditures under the
Comprehensive Services Act rose due to an increase in the number of clients served. Also contributing
to this increase is the fact that many CSA clients now require more intensive services.
Parks, Recreation and Cultural expenditures are up 9.69% or $308,000 as a result of increased
expenditures and a decline in reimbursements received by the Recreation Department. CIS charges,
publication and subscription expenditures, and personal services costs of the Library also increased.
Transfer to Debt Service is up $865,000 or 9.10%. This increase is caused by an additional amount
being transferred in FY99 for the principal and interest payment made on August 1, 1998 for the 1997
bonds. These bonds were issued during FY98 with payments starting in FY99. Also, a larger principal
payment was required in August 1998 than in the prior year for the 1994 general obligation bonds,
causing the transfer to debt service to increase.
Nondepartmental expenditures rose 13.15% or $903,000 due to increased transfers to the Capital
Projects fund resulting from the appropriation of funding for various construction projects. This
increase is partially offset by a decrease in transfers to the Fleet Management fund. During FY98,
CMERP funds of $830,000 were appropriated and transferred to purchase vehicular equipment,
compared to $89,000 during FY99.
I would be pleased to answer any questions which City Council may have regarding the monthly
financial statements.
Director of Finance
JDG/THT
Attachments
Balance July 1, 1998
Ordinance
Number Date
CMT 138 07/31/98
33974 08/17/98
33985 08/17/98
CMT 142 08/19/98
CMT 318 08~24/98
34030 10/16/98
CMT367 10/20~98
CMT156 11/09/98
CMT172 01/25/99
CMT174 02/17/99
34159 02/19/99
CMT190 02/23~99
CMT187 03/08/99
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
MARCH 3'1, '1999
Department
Utilities & Operations
Transfer to Grant Fund
Transfer to Grant Fund
Planning & Community
Development
Memberships & Affiliations
Transfer to Capital Projects Fund
Personnel Management
Utilities & Operations
City Council
Commissioner of the Revenue
Planning & Community
Development
Recreation
City Council
Balance March 31, 1999
Purpose
Funding for a Portion of Shuttle Service
to Victory Stadium on July 4
Local Match for Drug Prosecutor
Grant
Local Match for VJCCCA Grant
Funding for Passenger Station
Rezoning Advertising
Roanoke Sister Cities
Westview Terrace Property Acquisition
Funding for Pilot Program for
Diversity Training
Funding for Soil Stabilization of
Westview Terrace Property
Funding to Install Reading Light on
Council Chamber Dias
Funding for the Cost of NADA
Pricing of Vehicles
Funding for Planning Staff-
Neighborhood Planning
Funding for 1998 United Way
Campaign Expenses
Additional Funding for Mayorial and
City Council Honoraria
$379,244
(2,967)
(14,806)
(2,545)
(350)
(2,500)
(10,000)
(7,000)
(7,425)
(1,068)
(5,OOO)
(35,942)
(3,477)
(3,OOO)
$283,164
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
Year to Date for the Period
July I - Mar 31 July I - Mar 31 Percentage
1997-98 1998-99 of Change
$35,153,210 $37,274,636 6.03 %
35,711,829 37,763,912 5.75 %
516,378 536,512 3.90 %
764,521 746,283 (2.39) %
750,604 617,710 (17.70) %
21,816,379 24,639,505 12.94 %
34,043 17,130 (49.68) %
2,526,211 2,500,402 (1.02) %
130,612 183,039 40.14 %
1,316,524 1,515,537 15.12 %
$98,720,311 $105,794,666 7.17 %
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
$67,678,685 55.08%
52,032,919 72.58%
698,800 76.78%
1,035,000 72.10%
1,043,760 59.18%
41,271,178 59.70%
34,260 50.00%
3,271,270 76.44%
274,300 66.73%
2,133,773 71.03%
$169,473,945 _ __62.43~
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
July 1 - Mar 31 July 1 - Mar 31 Percentage Unencumbered
Expenditure_s 1997-98 1998-99 of Change Balance
General Government $7,607,942 $8,839,758
Judicial Administration 3,152,552 3,396,929
Public Safety 27,512,592 30,147,049
Public Works 18,879,640 19,593,088
Health and Welfare 14,457,299 17,281,661
Parks, Recreation and
Cultural 3,175,217 3,482,794
Community Development 2,055,058 1,952,882
Transfer to Debt Service
Fund 9,510,800 10,376,105
Transfer to School Fund 31,003,997 31,385,272
Nondepartmental 6,867,853 7,771,059
Total $124,222,950 $134,226,597
Percent of
Revised Budget
Appropriations Obligated
16.19 % $2,581,558 $11,421,316 77.40%
7.75 % 1,097,781 4,494,710 75.58%
9.58 % 10,094,887 40,241,936 74.91%
3.78 % 4,945,220 24,538,308 79.85%
19.54 % 7,640,884 24,822,545 69.62%
9.69 % 913,349 4,396,143 79.22%
(4.97)% 851,279 2,804,161 69.64%
9.10 % 366,521 10,742,626 96.59%
1.23 % 10,461,757 41,847,029 75.00%
_ 13.1_5 %_ . 1,124,230 8,895,289 87.36%
8.06 % $39,977,466 $174 204,063 77.05%
2
CITY OF ROANOKE, VIRGINIA
SCHOOL FUND
STATEMENT OF REVENUE
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
Year to Date for the Period
July 1 - Mar 31 July 1 - Mar 31 Percentage
1997-98 1998-99 of Change
$5,257,083 $5,607,979
23,442,820 25,547,485
1,470,462 1,523,661
1,991,239 2,177,098
31,003,997 31,385,272
6,138,105 7,306,251
$69,303,706 $73,547,746
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
6.67 % $8,269,520 67.82%
8.98 % 35,953,544 71.06%
3.62 % 2,924,162 52.11%
9.33 % 3,158,735 68.92%
1.23 % 41,847,029 75.00%
19.03 % 8,105,781 NA
6.12 % $100,258,771 73.36%
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
July 1 - Mar 31 July I - Mar 31 Percentage Unencumbered Revised
Expend itures 1997-98 1998-99 of Change Balance Appropriations
Instruction $46,510,772 $49,087,922 5.54 %
General Support 2,205,880 2,477,609 12.32 %
Transportation 2,115,018 2,232,220 5.54 %
Operation and
Maintenance of Plant 6,790,836 6,813,296 0.33 %
Food Services 2,819,018 2,962,390 5.09 %
Facilities 2,352,479 1,438,703 (38.84) %
Other Uses of Funds 3,606,368 4,069,324 12.84 %
Special Purpose Grants 8,504,159 8,105,781 (4.68) %
Total $74,904,530 $77,187,245 3.05 %
$18,912,614
927,126
1,053,691
2,546,017
1,186,804
39,794
79,789
$24,745,835
$68,000,536
3,404,735
3,285,911
9,359,313
4,149,194
1,478,497
4,149,113
8,105,781
$101,933,080
Percent of
Budget
Obligated
72.19%
72.77%
67.93%
72.8O%
71.40%
97.31%
98.08%
N/A
75.72%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 1999
General Government
Public Safety
Community Development
Recreation
Sl~eets and Bridges
Sanita~on Projects
Traffic Engineering & Communications
Other Infrastructure Projects
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding Unobligated
Budget To Date Balance Encumbrances Balance
$21,251,641 $13,686,383 $7,565,258 $816,743
1,998,195 315,304 1,682,891 662,852
1,081,000 517,966 563,034 521,909
3,716,451 1,001,226 2,715,225 996,555
22,495,447 15,770,476 6,724,971 5,370,993
1,335,994 889,280 446,714 43,530
2,628,764 2,152,199 476,565 107,601
23,191,844 10,914,188 12,277,656 4,991,844
11,056,068 11,056,068
$88,755,404 $45,247,023 $43,508,381 $13,512,025
$6,748,515
1,020 039
41 125
1,718 670
1,353 978
403 184
368 964
7,285, 813
11,05~ 068
$29,996,366
CITY OF ROANOKE, VIRGINIA
SCHOOL CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MARCH 31, 1999
Education
Capital Improvement Reserve
Total
Expenditures Unexpended Outstanding Unobligated
Budget To Date Balance Encumbrances Balance
$27,353,752 $22,176,860 $5,176,892 $4,845,854
(12,169,357) (12,169,357)
$331,038
(12,169,357)
$15,184,395 $22,176,860 ($6,992,465) $4,845,864 ($11,838,319)
4
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
COMPARATIVE STATEMENT OF REVENUES
FOR THE 9 MONTHS ENDING MARCH 31, 1999
Interest Revenue:
Interest on Bond Proceeds
Interest on Idle Working Capital
Total Interest Revenue
Multi Year Revenues:
Intergovernmental Revenue:
Federal Government: Garden City
Commonwealth:
Garden City
Public Works Service Center
Virginia Western Community College-Signals
Virginia Transportation Museum-ISTEA
Government Opportunity Funds-Maple Leaf
Second Street and Galnsboro Avenue
Total Intergovernmental Revenue
Revenue from Third PaRes:
First Union Penalty Payment
Roanoke Valley Detention Commission
Miscellaneous
Total Revenue from Third Parties
Transfers from Other Funds
Total
FY1999
$846,508
528,740
1,375,248
398,936
26,283
100,000
71,503
109,150
705,872
6,000
700,000
706,000
4,475,885
$7,263,005
FY1998
$1,054,371
439,321
1,493,692
1,321,539
220,398
110,000
1,651,937
149,339
17,773
167,112
15,447,996
$18,760,737
5
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1999
Operating Revenues
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
County of Roanoke
City of Salem
County of Botetourt
County of Bedford
Customer Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Rent
Miscellaneous Revenue
Sale of Land
Loss on Disposal of Fixed Assets
Interest and Fiscal Charges
Transfer to ClS Fund
Transfer to Capital Projects Fund
Net Nonoperating Expenses
Net Income
FY 1999
$2,354,361
2,233,352
178,127
16,217
1,243,215
13,888
84,322
4,010
291,563
6,419,055
1,115,049
2,512,603
1,051,369
4,679,021
1,740,034
236,136
40,801
24,301
325,000
(569)
(998,880)
(373,211 )
$1,366,823
FY1998
$2,295,619
2,143,349
167,586
16,988
1,035,876
3,633
402,465
6,065,516
1,015,616
2,488,245
1,043,182
4,547,043
1,518,473
315,517
15,511
31,007
(1,167,433)
(172,371)
(233,446)
(1,211,215)
$307,258
6
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1999
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
Depredation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Miscellaneous Revenue
Transfer to Capital Projects Fund
Transfer to ClS Fund
Loss on Disposal of Fixed Assets
Net Nonoperating Revenues
Net Income
FY1999
$5,549 513
592107
100 889
387 334
77 674
101 075
86731
6,895,323
1,359,512
4,089,347
729,252
6,178,111
717,211
482,062
14,952
(4,382)
492,632
$1,209,843
FY 1998
$5,315,891
698,706
133,035
618,962
85,935
155,028
47,830
7,055,387
1,235,644
3,518,555
721,274
5,475,473
1,579,914
420,846
13,725
(37,071)
(172,371 )
225,129
$1,805,043
7
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1999
Operating Revenues
Rentals
Parking Fees
Event Expenses
AdverlJsing
Admissions Tax
Camping Fees
Electrical
Commissions
Novelty Fees
Charge Card Fees
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Loss
Nonoperating Revenues (Expenses)
Transfer from Other Funds
Interest on Investments
Loss on Disposal of Fixed Assets
Miscellaneous
Net Nonoperating Revenues
Net Income (Loss)
FY 1999
$482,292
155,436
150,806
4,379
138,930
1,560
9,700
199,888
43,607
25,717
1,212,314
877,665
965,183
296,003
2,138,851
(926,537)
858,771
54,477
(25,372)
2,503
890,379
($36,158)
FY 1998
$383,897
167,289
117,270
5,873
145,165
237,710
43,648
1,100,852
752,037
864,134
296,879
1,913,050
(812,198)
1,037,162
38,266
7,593
1,083,021
$270,823
8
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1999
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
Depredation
Total Operating Expenses
Operating Income
Nonoperating Revenues (Expenses)
Interest on Investments
Interest and Fiscal Charges
Transfer from General Fund
Operating Subsidy for GRTC
Transfer to Capital Projects Fund
Miscellaneous
Net Nonoperating Revenues
Net Income
FY 1999
$225,974
307,042
133,256
313,294
218,981
46,685
1,245,232
494,903
405,527
900,430
344,802
11,186
(425,747)
1,214,506
(771,195)
4,338
33,088
$377,889
FY 1998
$205,770
305,783
124,152
286,359
183,934
71,777
1,177,775
595,598
405,268
1,000,866
176,909
29,212
(436,386)
1,097,773
(400,000)
(29,682)
2,343
263,260
$440,169
9
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1999
FY1999
CONFERENCE
COMMISSION (1) CENTER (2)
TOTAL
FY1998
Operating Revenues
Conference Center
Total Operating Revenues
$ - $ 2,087,931 $
2,087,931
2,087,931 $ 2,069,959
2,087,931 2,069,959
Operating Expenses
Commission
Conference Center
Total Operating Expenses
221,919 221,919 60,719
1,896,621 1,896,621 1,822,530
221,919 1,896,621 2,118,540 1,883,249
(221,919) 191,310 (30,609) 186,710
Net Operating Income (Loss)
Nonoperating Revenues (Expenses)
Contributions from City of Roanoke
Contributions from Virginia Tech
Proceeds from Brick Sales
Interest on Investments
Conference Center
131,250
131,250
34,140
131,250 131,250
131,250 131,250
572
34,140 20,277
(98,933) (107,937)
Net Nonoperating Revenues (Expenses)
(98,933)
296,640 (98,933) 197,707
175,412
Net Income Before Depreciation
74,721 92,377 167,098 362,122
Depreciation Expense/Replacement Reserve
348,741 41,760 390,501 389,942
Net Income (Loss)
Notes to Financial Statement:
($274,020) $50,617 ($223~403) ($27,820)
(1) The column entitled "Commission" represents Commission activity in the City's financial records.
(2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center,
as provided by Doubletree Management.
10
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
COMPARATIVE INCOME STATEMENT
FOR THE 9 MONTHS ENDING MARCH 31, 1999
Operating Revenues
Charges for Services
Total Operating Revenues
Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income (Loss)
Nonoperating Revenues (Expenses)
Interest Revenue
Gain on Sale of Trigon Common Stock
Transfer from Other funds
Transfer to Other Funds
Loss on Disposal of Fixed Assets
Net Nonoperating Revenues (Expenses)
Net Income {Loss)
TOTALS
City
Information Materials Management Utility Line Fleet Risk
Systems Control Services Services Management Management FY 1999 FY 1998
$3,026,858 $114,305 $93,218 $2,535,113 $2,706.595 $4,841,808 $13,318,898 $10,951,335
3,026,858 114,305 93,218 2,536,113 2,706,595 4,841,808 13,31R_,__~9~_ 10,951,~.~.
1,243,154 79,858 20,189 1,843,251 971,211 146,211 4,303,873 3,768,324
736.536 11,120 114,587 391,950 748,447 5,241.807 7,244,448 6,619,077
362,769 1,372 10,407 108,017 1,282,020 1,762,584 1,774,696
2,342,459 92,350 145,183 2,341,218 3,001,678 5,388,018 13,310,905 12,162,_nn7
684,399 21,956 (51,965) 194,895 (295,083) (545,210) 7,992 (1,210,7l~2)
143,158 (3,600) 8,554 55,958 33,537 370,466 608,070 614,217
' 276,713
845,787 88,953 250,000 1,187,740 2,633,874
' (473,972)
(9,938) (49,580) - (59,438)
982,007 (3,600) (,10,946) 55,956 122,480 620,466 1,736,372 3,050,_;~
$1,666,405 $18,356 ($92,911 ) $250,951 ($172,593) $74,256 $1,744,395 $1,840,070
11
CITY OF ROANOKE, VIRGINIA
CITY TREASURER'S OFFICE
GENERAL STATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED MARCH 31, 1999
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 MARCH 31, 1999.
BALANCE AT BALANCE AT BALANCE
FUND FEB 28, 1999 RECEIPTS
DISBURSEMENTS
MAR 31, 1999
MAR 31, 1998
GENERAL ($12,653,211.04) $23,480,523.83
WATER 6,199,958.61 432,878.10
SEWAGE 9,739,347.68 3,499,746.20
CIVIC CENTER 1,417,870.70 279,581.98
TRANSPORTATION 500,641.64 148,575.99
CAPITAL PROJECTS 34,030,606.52 566,615.32
CONFERENCE CENTER 923,960.84 47,983.33
JUVENILE DETENTION 3,680,324.77 16,471.15
DEBT SERVICE 10,813,279.36 222,391.47
CITY INFORMATION SYSTEMS 4,579,891.17 745,220.21
MATERIALS CONTROL (42,431.82) 81,383.33
MANAGEMENT SERVICES 241,234.09 6,072.89
UTILITY LINES SERVICES 1,853,705.37 67,838.52
FLEET MANAGEMENT 1,607,662.55 125,003.96
PAYROLL (9,698,805.14) 13,010,737.82
RISK MANAGEMENT 10,248,376.96 424,963.10
HIGHER EDUCATION AUTH 5,012,720.10 19,812.78
PENSION 1,031,526.48 471,932.95
SCHOOL FUND 9,541,164.50 5,287,377.45
SCHOOL CAPITAL PROJECTS (3,017,181.75) 35,554.71
FDETC 78,705.76 263,374.66
GRANT
973,518.45 . 121,329.28
TOTAL
$14,363,051.32
206,4O8.30
3,624,740.63
265,096.65
86,598.78
1,911,889.93
18,269.64
804,162.72
252.68
203,913.98
114,455.95
55,359.96
72,680.95
117,779.98
14,870,859.21
464,496.07
7,686.65
882,253.43
5,722,209.02
789,801.97
259,271.19
($3,535,738.53)
6,426,428.41
9,614 353.25
1,432 356.03
562,618.85
32,685 331.91
953 674.53
2,892 633.20
11,035 418.15
5,121 197.40
(75,504.44)
191,947.02
1,848,862.94
1,614,886.53
(11,558,926.53)
10,208,843.99
5,024,846.23
621,206.00
9,106,332.93
(3,771,429.01)
82,809.23
$111,628.51
6,627,625.06
19,586,785.75
1,125,471.30!
477,226.60 i
42,857,435.01 i
845,916.211
0.00 '
11,111,909.51
2,486,992.99
(96,995.98)i
260,262.01
1,843,941.20!
1,312,177.34
(9,350,234.16)i
9,372,197.36
0.00
61,544.59
6,191,174.03 =
0.00
46,947.24.
_ ~5~,241.74 739,605.99 309,960.55i
$77,062 865.80 $49 355 369 03 $45,196,480.75 $81,221,754.08 $95,181,965.12
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 MARCH 31, 1999.
THAT SAID FOREGOING:
CASH:
CASH IN HAND
CASH IN BANK
INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS:
OVERNIGHT INVESTMENT
COMMERCIAL PAPER
FEDERAL AGENCY BONDS
LOCAL GOVERNMENT INVESTMENT POOL
REPURCHASE AGREEMENTS
STATE NON-ARBITRAGE PROGRAM (U.S. SECURITIES, COMMERCIAL PAPER)
VIRGINIA AIM PROGRAM (U. S. SECURITIES)
TOTAL
$42,840.47
1,402,348.79
11,519,000.00
12,952,329.17
9,984,300.00
17,121,495.55
8,000,000.00
2,925,262.53
17,274,177.57
DATE: APRIL 13, 1999
12
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 9 MONTHS ENDING MARCH 31, 1999
Revenue
Contributions
Investment Income
Gain on Sale of Investments
Bond Discount Amortization
To~lRevenue
1999
$4,050,453
6,283,427
6,239,269
18,509
$16,591,658
1998
$4,150,172
5,819,290
9,866,726
2,218
$19,838,406
Pension Payments
Fees for Professional Services
Bond Premium Amortization
Active Service Death Benefits
Administrative Expense
City Supplement to Age 65
To~lExpenses
Net Income
$7,143,068
509,804
149,072
233,746
29,574
8,065,264
$8,526,394
$6,688,555
444,896
228,441
21,621
215,722
7,599,235
$12,239,171
13
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
MARCH 31, 1999
Assets
Cash
Investments:
(market value:
Due from Other Funds
Other Assets
Total Assets
1999 $334,007,186
1998 $298,262,455)
1999
$621,159
235,632,822
9,984
18,000
$236,281,965
1998
$60,296
223,413,613
18,000
$223,491,909
Liabilities and Fund Balance
Liabil~es:
Due to Other Funds
Accounts Payable
Total Liabilities
Fund Balance:
Fund Balance, July 1
Net Income - Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
$863,437
2,0gg
865,536
226,890,035
8,526,394
235,416,429
$236,281,965
$748,881
748,881
210,503,857
12,239,171
222,743,028
$223,491,909
14
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
May 4, 1999
File #57-60
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Resolution No. 34260-050399 declaring the City's intent to
reimburse itself $548,611.00, from the proceeds of its general obligation public
improvement bonds authorized to be issued pursuant to Ordinance No. 33497-072197,
adopted July 21, 1997, for certain expenditures to be made for construction of new
concrete sidewalks, entrances, curb and gutter, Phase IV improvements. The
abovereferenced measure was adopted by the Council of the City of Roanoke at a regular
meeting which was held on Monday, May 3, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance
H:~AGENDA99~4AY3. I
James D. Ritchie, Sr.
May 4, 1999
Page 2
pc:
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
H:kAGENDA99'~Ay3,1
1N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 199'9.
No. 34260-050399.
A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of
its general obligation public improvement bonds authorized to be issued pursuant to
Ordinance No. 33497-072197, adopted July 21, 1997, for certain expenditures to be made
for construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV
improvements; and providing for an effective date.
BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City
hereby declares that it reasonably expects and intends to reimburse $548,611 appropriated
by an ordinance simultaneously adopted by the City Council on May 3, 1999, for certain
expenditures to be made for construction of New Concrete Sidewalks, Entrances; Curb and
Gutter, Phase IV, improvements from proceeds of its general obligation public improvement
bonds authorized to be issued pursuant to Ordinance No. 33497-072197, adopted by the City
Council on July 21, 1997, in the principal amount of $39,030,000 for the purpose of
providing funds to defray the cost of needed permanent public improvements of and to public
bridges, public buildings, economic development, parks, public schools, storm drains, streets
and Sidewalks, and acquisition of real property for the foregoing. Ordinance No. 33498-
072197, also adopted by City Council on July 21, 1997, provided for the holding of an
election to determine whether the qualified voters of the City of Roanoke would approve
Ordinance No. 33497-072197, and, at an election held on November 4, 1997, the qualified
voters of the City approved Ordinance No. 33497-072197. The maximum principal amount
of debt expected to be issued for the construction of New Concrete Sidewalks, Entrances and
Curbs, Phase IV, is $548,611.
2. This is a declaration of official intent adopted pursuant to U. S. Treasury
Regulations, Section 1.150-2. This official intent is being declared not later than sixty days
after the payment of the expenditures authorized by Paragraph 1 of this Resolution.
3. The City Clerk is directed to file this Resolution among the permanent papers
of the City and hold it available for public inspection pursuant to the Virginia Freedom of
Information Act, §2.1-340 et seq., Code of Virginia (1950), as amended.
4. This Resolution shall be effective on and after the date of its adoption.
ATTEST:
City Clerk.
H :/measures\R-intent. 16
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
May 4, 1999
File #57-60
William D. Gee, President
H. & S. Construction Company
P. O. Box 6226
Roanoke, Virginia 24017
Dear Mr. Gee:
I am enclosing copy of Ordinance No. 34259-050399 accepting the bid of H. & S.
Construction Company, in the amount of $588,611.00, for construction of new concrete
sidewalks, entrances and curbs, and Phase IV improvements throughout the City of
Roanoke. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, May 3, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of May, 1999.
No. 34259-050399.
AN ORDINANCE accepting the bid of H. & S. Construction Company, for the
construction of New Concrete Sidewalks, Entrances, Curb and Gutter, Phase IV,
improvements throughout the City, upon certain terms and conditions, and awarding a
contract therefor; authorizing the proper City officials to execute the requisite contract for
such work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of ri. & S. Construction Company, made to the City in the total amount
of $588,611, for the construction of New Concrete Sidewalks, Entrances, Curb and Gutter,
Phase IV, improvements throughout the City of Roanoke, as is more particularly set forth
in the report to this Council dated May 3, 1999, such bid being in full compliance with the
City's plans and specifications made therefor and as provided in the contract documents
offered said bidder, which bid is on file in the Office of Supply Management, be and is
hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with
the successful bidder, based on its proposal made therefor and the City's specifications made
therefor, said contract to be in such form as is approved by the City Attorney, and the cost
of said work to be paid for out of funds heretofore or simultaneously appropriated by
Council.
3. In order to provide for the usual daily operation of the municipal government,
an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its
passage.
ATTEST:
City Clerk.
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
May 4, 1999
File #57-60
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34258-050399 amending and reordaining certain
sections of the 1998-99 Capital Projects Fund Appropriations, providing for appropriation
of $548,611.00, in connection with a contract with H. & S. Construction Company, in the
total amount of $588,611.00, for construction of new concrete sidewalks, entrances and
curb, Phase IV. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, May 3, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
The Honorable Sherman A. Holland, Commissioner of the Revenue
James D. Ritchie, Sr., Acting City Manager
William F. Clark, Director, Public Works
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
H:~GENDA99'~IAY3,1
James D. Grisso
May 4, 1999
Page 2
pc:
Alicia F. Stone, Accountant, Contracts and Fixed Assets, Department of Finance
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
D. Darwin Roupe, Manager, Supply Management
H:~AGENDA99~IAY3.1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of May, 1999.
No. 34258-050399.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 Capital
Projects Fund, 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 1998-99 Capital Projects Fund Appropriations,
hereby, amended and reordained to read as follows, in part:
Am)ro~riations
Streets and Bridges
Sidewalks and Curbs Phase IV (1-2) .........................
Capital Improvement Reserve
Public Improvement Bonds Series 2000 (3) ....................
be, and the same are
$ 23,246,461
648,611
10,791,638
1,774,282)
1 ) Appropriated from
Bond Funds
2) Appropriated from
General Revenue
3) Streets and Bridges
(008-052-9541-9001)
(008-052-9541-9003)
(008-052-9709-9191 )
$ 548,611
100,000
(548,611)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
May 3; 1999 .
Council Report No. 99-126
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV
BID NUMBER 99-3-43
We, the undersigned Bid Committee, hereby submit the attached report for your
consideration.
Respectfully submitted,
Carroll E. Swair~Chairman
W. Alvin Hudson
William F. Clark
Charles M. Huffine
C ES/J G B/bs
Attachment:
Bid Committee Report
C:
Acting City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to the City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of the Revenue
May 3, 1999
Council Report No. 99-126
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV
BID NUMBER 99-3-43
I concur with the Bid Committee recommendation relative to the above project and
recommend it to you for appropriate action.
Sincerely,
es D. Ritchie
Acting City Manager
JDR/JGB/bs
Attachment: Bid Committee Report
C:
Acting City Attorney
City Clerk
Director of Finance
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
May 3, 1999
Council Report No. 99-126
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
Subject:
BID COMMITTEE REPORT
NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV
BID NUMBER 99-3-43
Background on the subject in chronological order is as follows:
New concrete sidewalks, entrances, curb and .qutter improvements are to bo
constructed throu.qhout the City as part of the 1996, 1997 and 2000 Bond
Issues.
B. Phase I and Phase II construction is completed.
C. Phase III is under construction.
$2,000,000 was approved in the 1997 Bond Referendum for curb/sidewalk.
Future projects in 2000 and beyond are anticipated.
Projects in the $300,000 - $600,000 ranqe can be bid more competitively by
local contractors.
II.
Current situation is as follows:
Bids for Phase IV improvements have been advertised and were publicly opened
and read aloud by D. Darwin Roupe, Manager, Office of Supply Management,
on Tuesday, April 13, 1999. One bid was received with H. & S. Construction
Company, Roanoke, Virginia submitting the only bid in the amount of $588,611.
Project consists primarily of constructing 20,000 square feet of sidewalk and
15,000 linear feet of curb. (See Attachment A.)
Co
Street selection was developed from various surveys (neighborhood
questionnaires, staff recommendations) and the new process for evaluating
citizens' requests.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE IV
BID NO. 99-3-43
May 3, 1999
Page 2
III.
Issues in order of importance are as follows:
A. Cost
B. Funding
IV.
Alternatives in order of feasibility are as follows:
Authorize the City Manager to execute a unit price contract with H. & S.
Construction Company, Roanoke, Virginia, in a form approved by the City
Attorney, in the amount of $588,611, with 365 calendar days for completion,
with a project contingency of $60,000.
1. Cost is 5.7% above the Engineer's estimate, but is considered
reasonable.
Funding will be available from the proceeds of the Series 2000 Bonds
and may be appropriated. Funding is also available in the Transfer to
Capital Projects Fund account number 001-004-9310-9508.
Do not authorize the City Manager to execute a unit price contract with H. & S.
Construction Company.
1. Cost would be based on future bids.
Funding would remain in the anticipated bond proceeds of the 1997
Bond Issue and in Capital Projects Fund Balance.
Recommendation is as follows:
City Council concur in alternative "A" and take the following actions:
Authorize the City Manager to execute a unit price contract with H. & S.
Construction Company, Roanoke, Virginia for the New Concrete Sidewalks,
Entrances and Curb - Phase IV Project, in the amount of $588,611, and
authorize a project contingency of $60,000.
Honorable Mayor and Members of City Council
BID COMMITTEE REPORT
NEW CONCRETE SIDEWALKS, ENTRANCES AND CURB - PHASE 1V
BID NO. 99-3-43
May 3, 1999
Page 3
Co
Do
Transfer $548,611 from the sale of Public Improvement Bonds - Series 2000
Streets and Sidewalks to an account to be established by the Director of
Finance in the Capital Projects Fund entitled "Sidewalk and Curbs Phase IV".
Appropriate $100,000 from Transfer to Capital Projects Fund account number
001-004-9310-9508 to the same "Sidewalk and Curbs Phase IV" account.
Adopt a resolution declaring the City's intent to reimburse itself $548,611 from
the proceeds of the Series 2000 Bonds for New Concrete Sidewalks, Entrances
and Curbs. The maximum principal amount of debt expected to be issued for
the new Concrete Sidewalks, Entrances and Curbs is $548,611.
JGB/bs
Attachment:
Bid Tabulation
C,'
Acting City Attorney
City Clerk
Director of Finance
Acting Assistant City Manager
Director of Public Works
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Acting Budget Administrator
Manager, Office of Supply Management
Commissioner of Revenue
TABULATION OF BIDS
NEW CONCRETE SIDEWALKS,
ENTRANCES AND CURB - PHASE IV
ROANOKE, VIRGINIA
PROJECT NUMBER 6080-E
BID NUMBER 99-3-43
Bids were opened by D. Darwin Roupe, Manager, Office of Supply Management, on
Tuesday, April 13, 1999, at 2:00 p.m.
Estimated Cost: $555,100
Office of the City Engineer
Roanoke, Virginia
May 3, 1999
ATTACHMENT A
PROJECT LOCATIONS
Kirk Avenue, S.E. 16th Street to 17th Street
Wayne Street, N.E. Noble Avenue to Forest Hill Avenue
Carlton Road, S.W. (north side) Devon Road to Devon Road
Warwick Street, S.W. (east side) Alley to Russell Avenue
Russell Avenue, S.W. (south side) Warwick Street to Rolfe Street
Rolfe Street, S.W. (west side) Roanoke Avenue to Russell Avenue
Sherwood Avenue (north side) Mt. Vernon Road to Wakefield Road
Andrews Road, N.W. (south side) Existing to Florida Avenue
Oliver Road, N.E. Hurst to Christian Avenue
20~ Street, N.W. Staunton Avenue to Hanover Avenue
Delaware Avenue, N.W. 2422 Delaware Avenue to LaFayette Avenue
Cove Road, N.W. (south side) LaFayette Avenue to Aspen Street
Femcliffe Avenue, N.W. (south side) Home Depot to Routt Road
Stewart Avenue, S.E. 12t~ Street to 13th Street
194 Christian Avenue, N.E. On Oliver Road (curb)
527 Highland Avenue, S.E. Sidewalk
1719 Sherwood Avenue, S.W. Curb
4301 Holmes Street, N.E. Curb & Sidewalk
900 Block Jamison Sidewalk
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 Cit3 Clerk
May 4, 1999
File #60-514
M. Wayne Hylton, Jr., Vice President
S. R. Draper Paving Company
4742 Old Rocky Mount Road
Roanoke, Virginia 24014
Gary W. Wright, Executive Vice President
Adams Construction Company
P. O. Box 12627
Roanoke, Virginia 24027
Gentlemen:
I am enclosing copy of Ordinance No. 34262-050399 accepting the bid of L. H. Sawyer
Paving Co., Inc., in the amount of $1,681,099.60, for construction of asphalt concrete
overlays and pavement profiling of various streets within the City. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, May 3, 1999.
On behalf of the City of Roanoke, I would like to express appreciation for submitting your
bid on the abovedescribed project.
MFP:Io
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAK1N
Deputy Cit) Clerk
May 4, 1999
File #60-514
Stanley H. Puckett, President
L. H. Sawyer Paving Co., Inc.
496 Glenmore Drive
Salem, Virginia 24153
Dear Mr. Puckett:
I am enclosing copy of Ordinance No. 34262-050399 accepting the bid of L. H. Sawyer
Paving Co., Inc., in the amount of $1,681,099.60, for construction of asphalt concrete
overlays and pavement profiling of various streets within the City. The abovereferenced
measure was adopted by the Council of the City of Roanoke at a regular meeting which
was held on Monday, May 3, 1999.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
James D. Ritchie, Sr., Acting City Manager
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
D. Darwin Roupe, Manager, Supply Management
IN THECOUNC~ OF THEC~Y OF ROANOKE, VIRGINIA
The 3rd day of May, 1999.
No. 34262-050399.
AN ORDINANCE accepting the bid ofL. H. Sawyer Paving Company, Inc.,
for paving and
profiling of various streets, upon certain terms and conditions, and awarding a contract therefor;
authorizing the proper City officials to execute the requisite contract for such work; rejecting all other
bids made to the City for the work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid ofL. H. Sawyer Paving Company, Inc., made to the City in the total amount
of $1,681,099.60 (base bid plus Alternate No. 1), for paving and profiling of various streets within the
City of Roanoke, as is more particularly set forth in the report to this Council dated May 3, 1999, such
bid being in full compliance with the City's plans and specifications made therefor and as provided
in the contract documents offered said bidder, which bid is on file in the Office of Supply
Management, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City Clerk are hereby
authorized on behalf of the City to execute and attest, respectively, the requisite contract with the
successful bidder, based on its proposal made therefor and the City's specifications made therefor, said
contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid
for out of funds heretofore or simultaneously appropriated by Council.
3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
4. In order to provide for the usual 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/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
May 4, 1999
File #60-514
Sandra H. Eakin
Deputy City Clerk
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 34261-050399 amending and reordaining certain
sections of the 1998-99 General Fund Appropriations, providing for appropriation of
$350,000.00, in connection with a contract with L. H. Sawyer Paving Co., Inc., for
construction of asphalt concrete overlays and pavement profiling of various streets within
the City. The abovereferenced measure was adopted by the Council of the City of
Roanoke at a regular meeting which was held on Monday, May 3, 1999.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Attachment
pc:
James D. Ritchie, Sr., Acting City Manager
William F. Clark, Director, Public Works
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Charles M. Huffine, City Engineer
Ellen S. Evans, Construction Cost Technician
D. Darwin Roupe, Manager, Supply Management
H:~AGENDA99~AY3.1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 3rd day of May, 1999.
No. 34261-050399.
AN ORDINANCE to amend and reordain certain sections of the 1998-99 General
Fund Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal Government of the City
of Roanoke, an emergency is declared to exist.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain
sections of the 1998-99 General Fund Appropriations, be, and the same are hereby,
amended and reordained to read as follows, in part:
Appropriations
Public Works $ 24,964,600
Paving Program (1) ........................................ 1,547,112
Fund Balance
Reserved for CMERP - City (2) ................................ $ 775,439
1) Fees for
Professional
Services
2) Reserved for
CMERP-City
(001-052-4120-2010)
(001-3323)
$350,000
(350,000)
BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be
in effect from its passage.
ATTEST:
City Clerk.
May 3, 1999
No. 99-127
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
Of Various Streets Within the City of Roanoke
Bid Committee Report attached is for paving and profiling of various streets within
the City of Roanoke. The 35,510 tons of asphalt will pave approximately 64 lane
miles.
City street paving program's current ten-year average is shown on Attachment I.
The average number of lane miles paved during this ten-year period is 65 which is
greater than the 57 lane-mile goal each year.
Recommendation is that City Council approve the recommendations of the Bid
Committee Report.
Respectfully submitted,
Ritchie
^ct~l City Manager
JDR/RKB/gpe
Attachments
copy: City Attorney
Director of Finance
Director of Public Works
Budget Administrator
City Engineer
Traffic Engineer
Construction Cost Technician
Manager, Supply Management
May 3, 1999
No. 99-127
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject:
Bid Committee Report
Asphalt Concrete Overlays and Pavement Profiling
of Various Streets Within the City of Roanoke
Background
Bids were received in the Supply Management office on April 13, 1999.
These bids were publicly opened and read aloud for Asphalt Concrete
Overlays and Pavement Profiling of various streets within the City of
Roanoke. Three (3) bids were received and referred to the Bid Committee
for review and report back to City Council. The Iow bid, in the amount of
$1,583,749.60, was submitted by L. H. Sawyer Paving Company, Inc. (of
Salem, Virginia). Alternate No. 1 (raising manholes) was bid at $97,350.00,
resulting in a total bid of $1,681,099.60.
City Council has directed the Administration to give "every consideration" to
maintaining a 20-year paving cycle on City streets. The 20-year paving cycle
requires that 57 lane-miles be paved each year within the City of Roanoke.
(See Attachment I.)
Street conditions investigated by Streets & Traffic Department indicate that
85 lane-miles of streets are rated in the "A" category. This category includes
streets which are identified as being in the greatest need of resurfacing.
These determinations are based upon professional field judgement which
examines the extent of various types of pavement deterioration such as
cracking, rutting and raveling. Based upon funds available at the time of
project advertisement, 64 lane-miles were included in the work advertised for
bids.
Funding sources totaling $1,7691392.00 are listed on Attachment II and
would provide a unit price contract of $1,681,099.60 for 35,510 tons of
asphalt which will enable the resurfacing of 64 lane-miles of streets at prices
contained in the Iow bid as shown on Attachment III. The contingency of
$88,292.40 is needed for:
Mayor Bowers and Members of Council
No. 99-127 Bid Committee Report -Paving
Page 2
May 3, 1999
II.
III.
Funding for a portion of the cost to repave Franklin Road from
Wiley Drive to Beechwood Drive (due to the Water Line Replacement
Project ($60,000)).
Vehicle detectors (wire loops embedded in the pavement surface at
signalized intersections) that will be destroyed as a result of the
pavement profiling needed under this paving program ($20,000.00).
3. Replacement of directional arrows on the pavement ($8,292.40).
One of the funding sources is the Fiscal Year 1999-2000 Paving Program
monies in the amount of $1,410,793.00. Therefore, the proposed contract
is based upon funds included in the Fiscal Year 1999-2000 recommended
budget to be adopted on May 11,1999. The remaining funding includes
$350,000.00 provided by CMERP (which will be sufficient to cover contract
expenditures prior to June 30, 1999) and $8,599.00 existing in the Paving
Program account.
Issues:
A. Compliance of the bidders with the requirement of contract documents.
B. Amount of the Iow bid.
C. Funding for construction.
D. Time of completion.
E. Goals and objectives.
Alternatives:
Award the contract to L. H. Sawyer Paving Company, Inc., in the amount of
$1,681,099.60 (base bid plus Alternate No. 1) for paving, and establish a
contingency in the amount of $88,292.40 in a form acceptable to the City
Attorney.
Compliance of the bidder with the requirements of the contract
documents was met.
Amount of the Iow bid is acceptable. The $31.46 price per ton of
asphalt is 7.4 percent greater than last year's price of $29.30.
3. Funding for the project is available in the accounts listed in
Attachment II to pave 64 lane-miles.
Mayor Bowers and Members of Council
No. 99-127 Bid Committee Report -Paving
Page 3
May 3, 1999
4. Time of completion of the project is 180 days.
5. Goals and objectives of paving program are met.
Award the contract to L. H. Sawyer Paving Company, Inc., in the amount of
$2,269,484.00 (Increased base bid plus Alternate No. 1) for paving, and
establish a contingency in the amount of $100,000.00 in a form acceptable
to the City Attorney.
1. Compliance of the bidder with the requirements of the contact
document was met.
Amount of the Iow bid is acceptable. The $31.46 price per ton of
asphalt is 7.4 percent greater than last year's price of $29.30.
Contract amount, which will allow the City to pave 85 lane miles, is
$598,384.40 more than the Iow bid total (including Alternate No. 1).
The Streets and Traffic Department can increase the appropriate
quantities, as bid on a unit price basis. Project specifications state
that the City reserves the right to add to or to decrease the quantities
listed in the Bid Form in an amount that would not exceed 35 percent
of the total accepted Base Bid, without renegotiation of the unit prices.
Funding is not available for the additional .$610,092.00 (for increased
quantities and increased contingency) that would be needed to pave
an additional 21 lane-miles, thereby paving all 85 lane-miles of A-
rated streets.
Time of completion of the project would be increased by 60 days to
a new total of 240 days.
5. Goals and objectives of paving program are met.
Reject all bids and do not pave the City streets this year.
Compliance with requirements of the contract documents would not
be an issue.
Amount of the bid price would probably be higher if re-bid at a later
date.
Funding would not be spent at this time.
Time would become a factor in the deterioration of streets that need
paving now.
5. Goals and objectives of paving program are not met.
Mayor Bowers and Members of Council
No. 99-127 Bid Committee Report -Paving
Page 4
May 3, 1999
IV. Recommendation is that City Council concur in Alternative "A" and take the
following specific actions:
Award the contact to L. H. Sawyer Paving Company, Inc., in the sum of
$1,681,099.60, and establish a contingency in the amount of $88,292.40 in
a form acceptable to the City Attorney.
B. Appropriate $350,000.00 in CMERP funding to Street Paving Account
No. 001-052-4120-2010.
C. Reject the other bids received.
Respectfully submitted,
W. Alvin Hudson, Vice Chairman
William F. Clark
D. Darwin Roupe
CES/RKB/gpe
Attachments:
copy:
10 Year Summary (Attachment I)
Funding Sources (Attachment II)
Tabulation of Bids (Attachment III)
Street Paving/Profiling List
Street Paving Map
City Attorney
Director of Finance
City Manager
Budget Administrator
City Engineer
Traffic Engineer
Construction Cost Technician
Manager, Supply Management
ATTACHMENT I
CITY OF ROANOKE STREET PAVING PROGRAM
10 YEAR PERIOD
Approximate COST TOTAL
YEAR Lane Miles per ton CONTRACT
1990 57 24.61 $ 901,532.60
1991 70 21.77 $1,071,723.00
1992 75 20.23 $ 951,807.05
1993 60 24.61 $ 985,000.00
1994 57 26.15 $1,462,488.30
1995 76 26.49 $1,411,105.40
1996 67 26.37 $1,379,883.00
1997 57 29.39 $1,394,532.80
1998 67 29.30 $1,524,258.00
1999' 64 31.46 $1,681,099.60
TOTAL 650 $12,763,420.75
Ten-Year Avg. 65.0
*Paving Program proposed by this report
Engineering/Attachment I/paving99
ATTACHMENT II
FY 1999 - 2000 PAVING PROGRAM
I TOTAL FUNDING REQUIRED .................................. $1,769,392.00
Funding Sources:
PART A (Fiscal Year 1999)
Capital Maintenance and Equipment Replacement Program
Annual Paving Program
(001-052-4120-2010)
350,000.00
8,599.00
358,599.00
PART B (Recommended Fiscal Year 2000 Budget)
Annual Paving Program
(001-052-4120-2010)
TOTAL
1,410,793.00
$1,769,392.00
Engineering/Attachment II/Paving99
ATTACHMENT III
TABULATION OF BIDS FOR
ASPHALT CONCRETE OVERLAYS AND PAVEMENT PROFILING
OF VARIOUS STREETS WITHIN THE CITY OF ROANOKE
Bids opened Tuesday, April 13, 1999, 2 p.m.
L. H. Sawyer Paving Adams Construction S.R. Draper Paving Company,
Names of Bidding Companies ................
Company, Inc. Company Inc.
PROPOSAL UNIT TOTAL UNIT TOTAL UNIT
BID ITEM QUANTITIES PRICE AMOUNT PRICE AMOUNT PRICE TOTAL AMOUNT
Type SM-2A Bituminous Concrete 22,070 Tons 31.46 694,322.20 32.71 721,909.70 34.25 755,897.50
Type SM-2A Bituminous Concrete (non-polishing) 8,260 Tons 37.19 307,189.40 37.14 306,776.40 38.00 313,880.00
Type SM-2B Bituminous Concrete 1,920 Tons 31.33 60,153.60 34.16 65,587.20 34.25 65,760.00
Type SM-3C Bituminous Concrete (non-polishing) 3,180 Tons 36.91 117,373.80 35.57 113,112.60 39.40 125,292.00
Type BM-2 Bituminous Concrete 80 Tons 48.72 3,897.60 47.94 3,835.20 40.00 3,200.00
Tack Coat 11,600 Gal 0.97 11,252.00 1.01 11,716.00 1.12 12,992.00
Asphalt profiling 1" thick Type "B" 40,400 S.Y 2.22 89,688.00 2.30 92,920.00 2.32 93,728.00
Asphalt profiling 1" thick Type "D" 150,300 S.Y. 1.81 272,043.00 1.73 260,019.00 1.82 273,546.00
Concrete profiling 1" thick Type "D" 5,500 S.Y. 5.06 27,830.00 5.72 31,460.00 4.55 25,025.00
SUB-TOTAL (Base Bid) $1,583,749.60 $1,607,336.10 $1,669,320.50
Adjust Manholes (Brick/Portland Cement) 310 ea. $165.00 $51,150.00 $170.00 $52,700.00 $180.00 $55,800.00
Adjust Manholes (Metal Risers) 280 ea. $165.00 $46,200.00 $140.00 $39,200.00 $145.00 $40,600.00
SUB-TOTAL (Alternate No.1) $97,350.00 $91,900.00 $96,400.00
TOTAL BID $1,681,099.60 $1,699,236.10 $1,765,720.50
Engineer's Estimate $1,610,550 (base bid only)
Engineering/Attachment III/paving99
LINEAL AVERAGE APPROX. ACTUAL PROFILING APPROX.
Itlortheas. t FEET WIDTH TONNAGE TONNAGE TYPE SQ~ YDS. COMMENTS
LOCATION FROM TO
Shenandoah Valley Ave. III Webb Fugate 1,100 21 240
Fu~a~e Road II Shenandoah Valley Plad[a[;on 400 24 100
Th,,~s[on Ave. III Coi.a;~ Pla.[a{Jon 800 20 t70
:orest Hill Ave. II Willlareson 414 Focust Hill 1,200 25 340
i/llll as needed to hold down
Holley Rd; II Fo,es{ Hill Noble 950 23 220 D t,000 elevation
Noble Ave. II Wayne Coitj,~[,, 580 2t 130
Colgate St. II Maddock Thu~ 320 28' t00
Liberty Rd. (EB} ! ~ Holllns , t00 20 60 D 1,000 Mill 4" deep;SM-3C;NP
Oliver Rd. II Ch,;~;an ~e~on 300 29 t00 D t,600 Mill 1~/~
Orange Ave. (EB) left lane & turn D 10,000 2;SM-3C;NP
lanes) I King City Lirelt 3,000 t3 680
Orange Ave. 0NB) (Including turn 20,000 2;SM-3C;NP
lanes) I City Urelts King 3,000 26 t,200 D
Orange Ave. (WB) I 20= St. 13~ SL 3,000 26 t,200 D 20,000 2;SM-3C;NP
Northwest
LOCATION
Show'alter Rd.
Masters Cir.
Bamett Rd.,
Barnett Cir. II
Deal Rd'
)M
II Northwood
II Showalter
Thrush Dr.
~anch Rd.
Melrose Ave.
Hazelrldge Rd.
Hollyhock Rd.
II Greenridge
II Deaner
III Cove
I Salem Tnpk
Iii Bonhill
Bonhill Dr. III
Vincent Ave. II
Maplelawn Ave. II
Queen Ave. il
ock
Hollyhock _
Rushwood
tdhurst
TO
Barnett
Dead End
Northwood
Dead End
Thrush
Eugene
Lewlston
Lafayette
E~onhill
Dead End
Florist
Hazelridge
Hazelridge
End
LINEAL
FEET
1,600
370
1,430
320
800
AVERAGE
WIDTH
2,100
8O0
31
33
32
t,060 32
2,270 32
65
1,060
950
300
420
1,400
34
Z3
~,PPROX.
TONNAGE
120
6OO
110
270
350
~$0
1,200
280
380
34O
1to
t00
35O
ACTUAL
TONNAGE
PROFILING
TYPE
B
B
APPROX.
SQ, YDS.
3,600
t3,000
1,300
1,700
1,600
D 1,200
4OO
D 200
COMMENTS
Mill I pass each side;CitY underdraln
Mill I pass each side
Mill I pass each aide
Mill t pass each side
Mill all
Mill 1 side
Mill one spot as needed
LINEAL AVERAGE ~PPROX. ACTUAL PROFILING APPROX.
~orthwetst page 2 FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
LOCATION i FROM TO ·
~- I _ ~ ~ ~1~1 ~ ~m~mll ~ ~ _- . '--,i
__M_~?!elawn Ave. II Wlli;e,~on Wlnsloe 1,320 30 410 B t,000 Mill t side
Rush St. II Courtland Dead End 270 30 80
Short St. II Courtland Dead End 600 24 150
· ;e~.~tt View Ave. II Court Oakland 850 34 300 D 3,200 Mill all
Court St. II P!e=__-ant View Valley View 690 20 t80
Oakland Blvd. II Gmenhurst Dead End 430 33 t60
Peters Creek Rd. (SB) I ~ ValleyPo;,~e .. 400 48 260 B 1,000 400' & thru ;,,~,,.~c~;on (2' o~,;,ay);Mil! as nee~-e~-:NP
Rutgere St. I Towne Square K&W Entrance 1,200 46 750 B 2,000 Mill I pasi each aide; 2" SM-2B
Towne Square Blvd. I Aviation 300' w. of Airport Rd. 1,850 46 t,170 B 3,000 Mill t pas~ each slde;2"SM-2B
Barnes Ave. III Airport End City Maintenance 2,900 20 800 ' 2" Over;ay
Airport Rd. I Municipal Cargo e~,-ance 2,600 30 t,070 B 200 2" Over;ay;Mill 300' edge aa needed;NP
=e~,~ Creek Rd. (NB) I Left Turn at Valley Po;,,[e 200 14 ! t20 D 2,000 Mill 6";4" base BM-2;2" BM-3CNP
Darhan~ SL II 4uff Ruiners 1,480 34 620 D 5,600 Mill all
~uff Ln. II 3urham Chumhlll 900 20 190
Edinburgh Dr. II Huff Eden 2,000 34 700 B 3,000 Mill t pass each side (Rutgem to Huff)
Spee~v;=~l. Ave. II Durham Churchill 690 23 170
Florist Rd. II Hershberger Frontier t,860 34 680
B 3,100 Mill both s;Ge~ as needed
11~ St. III Shenandoah Orange ~?~0 40 920 D 900 Mill % block full width
Courtland Rd. II Libe~-,y 10~h St. 2,540 20 530
G~eenhuret Ave. II Lyndhumt 10~ SL 700 24 170
~Lyndhumt St. II Courtland Queen 400 24 100
Christian Ave. II Wlnsloe H,welridge 1,430 34 $00
Baker Ave, III 30~ St. 31't St. 1,500 24 500 2"
- _INEAL AVERAGE APPROX. ACTUAL =ROFILING APPROX.
S. outheapt FEET WIDTH TONNAGE TONNAGE TYPE SQ. YDS. COMMENTS
LOCATION FROM TO
Bennlngton St. I 200' S. of Riverdale Riverland 4,000 22 920 ... '
Willlamson Road I Ca,i~bell -'lm 1,700 48 850 D 10,000 Coord. wlstr~_~cape - mill al/I";NP
Franklin Rd. I Je;;~&on Will;ar~on 740 6t 400 B t,200 Mill I ~n~__~ each slde;NP
.;eF, e~on St. I Nu~;oik Elm 3,000 46 1,5_n0 D 23,000 Mill all 1%";NP
Queen Ann Dr. III Bennlngton 200' E. of Bennington ~00 30 170 D 2,700 4' mill
$~!~-m Ave. I Jefferson Williamson 800 32 350 D 3,000 Mill all 2";NP
6% St. III Buena Vista Dead End 850 30 270
More~.~a-;I Ave.. II 6% St. Morrill 400 30 t20
Bandy Rd. I Garden City City Limit 1,900 22 570 Pave first for bridge ~;~,;,~,;;r 2'NP
Wh;~n St. III Riverland Arbutus 320 t4 60
Thyme St. II Bcl!=vlew Bead End 480 24 t20 NP
Linden St. II -='-_.'!_-view Dead End 480 24 120 B 800 Mill t p~_-~- each side;NP
Pink St. II _Re!!eview Dead End 480 24 t20 NP
Woodbine SL II Pink Camilla 740 2t 160 B 600 Mill I ?_~ on t aide
$outhw~,st
LOCATION
Blair Rd. II
Hunters Rd. II
Wilbur Rd. II
Shrine St. II
ML Vernon Rd. II
Persinger Rd. II
Darlington Rd. il
Beverly Blvd. II
Barham Rd. II
Lofton Rd. II
Airvlew Rd. II
Walmann Rd. II
Norwood SL II
Hope Rd.
Eton Rd. II
Marshall Ave.
Campbell Ave. I
Colonial Ave.
L~righton Rd. II
FROM
Blenheim
Blair
Mt. Vernon
TO
Dead End
Perslnger
Dead End
Blenheim -~L Vernon
Wilbur Peminger
31enhelm ~ Vernon
-~ud Lick Mud Lick
Spring
Tillett
aarham
Grsndln
Grandin
Alrvlew
Grandin
Greenlee
5~h St.
2"d St.
Winding Way
Brandon
LINEAL
FEET
1,270
t,t00
80O
120
Dead End 2,220
Livingston 1 ,t60
Guilford 900
950
Norwood
Norwood
Hope
Norwood
Grsenlee
10m St.
6a St.
City Limit
Sherwood
AVERAGE
WIDTH
APPROX.
TONNAGE
24 ~20
28 320
28 230
28 50
1,700 24
750 30
1,800 34
34
900
8OO
9OO
600
2,600
78O
24 290
24 230
20 200
34
19
18
3O
47
1,650
3,400
360
250
180
24 100
ACTUAL
TONNAGE
PROFILING
TYPE
D
B
D
B
D
APPROX.
8Q,.YDS.
2,500
2,700
2,500
2,800
3,600
3,100
2,400
t ,400
200
3,500
15,000
1,000
COMMENTS
Mill All
edge milling as needed
Mill all
Mill I pass each side
Mill I pass each side
Mill all
laill all
Mill I pass each aide
Mill 200' one aide
Mill all from 6~ to 8~
Mill all; pave 2"; NP
Mill all
~outhwsst - page 2
LOCATION
Greenlee Rd. II
Duddlng SL
Carter Rd. I
Salem Ave.
Salem Ave.
Serpentine Rd. II
FROM
Crestmoor
Memorial
Sherwood
Jefferson
200' E. of 6= St.
Richelieu
TO
Eton
;harwood
Brsndon
1 ~/~ St.
6~ SL
Crystal Spring
LINEAL
FEET
1,640
AVERAGE
WIDTH
t8
28
~PPROX.
TONNAGE
66O
500
30 330
90O 37 35O
840 33 290
600 17 90
ACTUAL
TONNAGE
=ROFILING
TYPE
B
D
APPROX.
SQ.,yDS.
2,500
2,000
B 1,700
O (conc.) $,-~00
B t,300
COMMENTS
Mill I pass each side
Mill deep ~ Westover
Mill t pass each side
Mill all t%" concreta;NP
Mill I pass each side;NP
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
Sandra H. Eakin
Deputy City Clerk
May 4,1999
File #2-28-207-481
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34248-050399 authorizing execution of an
agreement with InSystems Technologies, Ltd., for the fee simple conveyance of a portion
of City-owned property, as well as an air rights easement across said property, identified
as Official Tax No. 1010310, for the sum of $11,000.00, commonly known as a vacant lot
at the northwest corner of Norfolk Avenue and First Street, S. VV. The abovereferenced
measure was adopted by the Council of the City of Roanoke on first reading on Monday,
April 19, 1999, also adopted by the Council on second reading on Monday, May 3, 1999,
and will be in full force and effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Affachment
pc:
InSystems Technologies, Ltd., Corporate Head Office, 65 Allstate Parkway, Suite
100, Markham, Ontario, Canada, L3R9X1
James D. Grisso, Director of Finance
William F. Clark, Director, Public Works
Kit B. Kiser, Director, Utilities and Operations
Barry L. Key, Manager, Office of Management and Budget
H:LatGEND~Y3. I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1999.
No. 34248-050399.
AN ORDINANCE authorizing the execution of an agreement with InSystems Technologies,
Ltd., for the fee simple conveyance of a portion of City-owned property, as well as an air rights
easement across said property, identified by Official Tax Map No. 1010310, commonly known as
a vacant lot at the northwest comer of Norfolk Avenue and First Street, S.W., authorizing
conveyance of said rights upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and the City Clerk are authorized, for and on behalf of the City,
to execute and attest, respectively, an agreement for sale with InSystems Technologies, Ltd.,
providing for the fee simple conveyance of a portion of City-owned property, as well as an air rights
easement across said property, identified by Official Tax Map No. 1010310, commonly known as
a vacant lot at the northwest comer of Norfolk Avenue and First Street, S.W., for the sum of
$11,000.00, upon form approved by the City Attorney, and upon the terms and conditions set forth
in the report to this Council dated April 19, 1999.
2. The City Manager and the City Clerk are authorized, for and on behalf of the City,
to execute and attest, respectively, upon form approved by the City Attorney, the appropriate deed
of conveyance of this property and air rights easement to InSystems Technologies, Ltd..
ATTEST:
City Clerk.
H:\ORD-GEN~O-NORFK
April 19, 1999
Report No. 98-48
The Honorable Mayor David A. Bowers
and Members of City Council
Roanoke, VA
SUBJECT:
Contract of Sale of City-owned property. Conveyance of a portion of Tax
Map No. 1010310 in fee simple, as well as conveyance of an air rights
easement.
I. BACKGROUND
City of Roanoke owns a .118 acre parcel of real estate located at the
comer of First Street and Norfolk Avenue (Tax Map No. 1010310), which
was originally acquired for the construction of the Railside Linear
Parkway project.
InSystems Technologies, Ltd. is a software manufacturing company
founded in the City of Roanoke in 1991. They employ 60 people in the
highly skilled, well-paid software engineering field, and are growing
rapidly. Employment levels are expected to reach 200 by the year 2000.
Co
InSystems needs to relocate, as there is no available space to expand at
their current location in downtown Roanoke. A number of locations have
been considered, many of which are outside the City.
Do
InSystems has entered into a contract to purchase an historic warehouse
located at 109 Norfolk Avenue, which is adjacent to the City's property
and identified by Tax Map No. 1010309. They intend to completely
renovate the building (20,400 square feet) and relocate their business to
this location, representing an investment of $1.5 million.
II. CURRENT SITUATION
mo
InSystems has requested to purchase from the City, a .013 acre portion in
fee simple and a 195 square foot air rights easement across Tax Map No.
1010310, in order to construct an addition to their building. (Attachment
A.) The addition is necessary to make the project feasible.
C°
A Public Hearing was held of December 21, 1998 and no opposition to the
sale of this city-owned property was communicated to City Council.
Mayor and Members of City Council
April 19, 1999
Page 2
Bo
Contract for Sale (Attachment B), has been negotiated between the City
and InSystems. Following are the major provisions of the Contract.
Consideration for fee simple interest and air tights easement is
$11,000.
Sale of the City's property tight to InSystems will occur after
InSystems has closed on the adjacent warehouse building.
o
InSystems will indemnify and hold harmless the City for any
property damage or injury occurring as a result of InSystems use of
any structure on the property.
InSystems will provide $1 million in general liability, bodily harm
insurance and property damage liability insurance coveting any
and all claims arising out of the use to which the purchaser puts the
air tights easement.
o
Purchaser is responsible for the complete maintenance of any and
all structures that are built within the air fights easement.
If the structure located within the air fights easement at any time
becomes unsafe, InSystems agrees to demolish and remove the
structure at its own expense, after proper notice from the City.
InSystems may assign all interests in the contract to an entity of its
choice.
III. ISSUES
A. Timing.
B. Economic Development.
C. Historic Preservation.
D. City Council's Vision.
Mayor and Members of City Council
April 19, 1999
Page 3
IV. ALTERNATIVES
Ao
Authorize the City Manager to execute the necessary documents to allow
the conveyance of fee simple interest and an air rights easement across a
portion of Tax Map. No. 1010310 to InSystems.
Timing is critical in order to allow InSystems to begin formal
design and construction of the renovation project. InSystems must
be in their expanded new location as soon as possible.
Economic Development program of the City will be advanced by
the private sector investment of $1.5 million and the retention of
60 well-paying, high tech jobs downtown, and the creation of new
jobs in the near future.
o
Historic Preservation will be accomplished by the renovation of
one of the oldest buildings on Historic Warehouse Row. This
project is expected to stimulate additional projects along
Warehouse Row.
City Council's Vision for downtown development, business
growth and the Railside Linear Walkway will be realized.
Bo
Do not authorize the City Manager to execute the necessary documents to
allow conveyance of fee simple interest and an air rights easement across a
portion of Tax Map Number 1010310 to !nSystems.
1. Timing is not an issue.
2. Economic Development of the City will not be advanced.
o
Historic Preservation of one ofdowntown's oldest buildings will
not occur.
4. City Council's Vision will not be realized.
IV. RECOMMENDATION
mo
Authorize the City Manager to execute the necessary documents to allow
the conveyance of fee simple interest and an air rights easement across a
portion of Tax Map Number 1010310 to InSystems.
Mayor and Members of City Council
April 19, 1999
Page 4
Respectfully submitted,
Acting City Manager
WRH/EDC:kdc
cc: Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
Manager, Management & Budget
Chief, Economic Development
~ B iN~i;s1MBil3
3 20'
o t
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 Cit5 Clerk
May 4, 1999
File #21-221-481
Donald E. Lorton, Treasurer
CHS, Inc.
P. O. Box 40032
Roanoke, Virginia 24022-0032
Dear Mr. Lorton:
I am enclosing copy of Ordinance No. 34252-050399 authorizing a lease between the City
of Roanoke and CHS, Inc., for the lease of additional airspace over Crystal Spring Avenue,
S. W., in the City for a term as soon as all legal commitments are met and ending May 13,
2058, for a one-time rental payment of $200.00, and upon certain other terms and
conditions. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading on Monday, April 19, 1999, also adopted by the Council on
second reading on Monday, May 3, 1999, and will be in full force and effect ten days
following the date of its second reading and providing that all other legal commitments are
met.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
James D. Ritchie, Sr., Acting City Manager
Kit B. Kiser, Director, Utilities and Operations
Sarah E. Fitton, Engineering Coordinator
IN THECOUNC~ OF THE CITY OF ROANOKE, VIRGINI&
The 3rd day of May, 1999.
No. 34252-050399.
AN ORDINANCE authorizing a lease between the City of Roanoke and CHS, Inc., for the
lease of additional airspace over Crystal Spring Avenue, S.W., in the City, for a term commencing
as soon as all legal requirements are met and ending May 13, 2058.
WHEREAS, the City has, by advertisement published once a week for four consecutive weeks
in a paper of general circulation published in the City, publicly invited bids for lease of additional
airspace over Crystal Spring Avenue, S.W., in the City for a term commencing as soon as all legal
requirements are met and ending May 13, 2058;
WHEREAS, one bid for the lease of such airspace was received when bids were publicly
opened at the Council meeting held on April 19, 1999;
WHEREAS, the bid of CHS, Inc., to lease such airspace for a term of commencing as soon
as all legal requirements are met and ending May 13, 2058, for a one-time rental payment in the total
amount of $200.00, and upon other terms and conditions set out in the Lease incorporated by
reference in the bid, was publicly opened at the Council meeting on April 19, 1999; and
WHEREAS, at such Council meeting, a public heating was held at which all persons were
accorded a full and fair oppommity to comment with respect to the proposed lease of such additional
air rights; and
WHEREAS, Council found the bid of CHS, Inc., was the highest and best bid made to the
City for such additional airspace, and Council is desirous of accepting this bid.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of CHS, Inc., to lease additional airspace over Crystal Spring Avenue, S.W.,
H:~MEASURE SAdm
in the City, such additional airspace being more particularly described in the bid of CHS, Inc., a copy
of which is on file in the Office of the City Clerk, for a term commencing as soon as all legal
requirements are met and ending May 13, 2058, for a one-time rental payment of $200.00, to be paid
prior to May 13, 1999, and upon certain other terms and conditions set out in the lease and
incorporated by reference and the bid of CHS, Inc., is hereby ACCEPTED.
2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City,
to execute a written Lease between the City and CHS, Inc., for such additional airspace, such Lease
to be in a form approved by the City Attorney.
3. The City Clerk is directed to forward an attested copy of this ordinance to Donald E.
Lorton, Treasurer, CHS, Inc., P.O. Box 40032, Roanoke, Virginia 24022-0032.
ATTEST:
City Clerk.
H:XMEASLYRE~
The Roanoke Times
Ad Number: 1109630
Publisher's Fee: $1,417.92
ROANOKE CITY CLERK'S OFF
ATT: MARY PARKER, CLERK
215 CHURCH AVE SW RM 456
ROANOKE, VA 24011-1536
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
03/28/99 FULL RUN - Sunday
03/28/99 FULL RUN - Sunday
04/04/99 FULL RUN - Sunday
04/11/99 FULL RUN - Sunday
04/11/99 FULL RUN - Sunday
04/18/99 FULL RUN - Sunday
04/18/99 FULL RUN - Sunday
Witness, this 19th day of April 1999
Authorized Signature
nu% $.W. and ~le p~ of
elation and the easterly
Avmme, $.W.; ~ ~ the
~040~06') N. 31° 34' E 270.00
31e 34' W., 47.48 ~ tO a'
poi.~ md poU bdnltlm
~ ounlr QI' Tm
tlon (Tax Appraisal No.
~) ~ 3~~ ~ W ~
NING, Ii1~ elf IpIoe
~ oove the 91a~e herel~
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PUBLIC NOTICE AND ADVERTISEMENT FOR BIDS
Lease of additional air rights located in Roanoke City over a
portion of Crystal Spring Avenue, S.W.
At the direction of the Roanoke City Council, notice is hereby given that the City of
Roanoke, a Virginia municipal corporation, proposes to grant by ordinance the additional air rights
located in Roanoke City over a portion of Crystal Spring Avenue for a term beginning as soon as
all legal requirements have been met and ending on May 13, 2058, to provide sufficient area and
space for a parking garage. Such area being described as follows:
That portion of hereinafter-described plane lying within the confines of the right-of-
way of Crystal Spring Avenue, S.W., and more particularly described as follows:
STARTING at the intersection of the northerly right-of-way line of McClanahan
Street S.W. and the easterly right-of-way line of Crystal Spring Avenue, S.W.; thence
with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of
Roanoke Hospital Association (Tax Appraisal No: 1041003) N 31 o 34' E. 140.00 feet
to the ACTUAL PLACE OF BEGINNING; thence leaving the property of Roanoke
Hospital Association and the easterly right-of-way of Crystal Spring Avenue, S.W.
and crossing said right-of-way N 580 28' W. 80.00 feet to a point; said point being
on the westerly right-of-way of Crystal Spring Avenue, S.W.; thence with the
westerly right-of-way of Crystal Spring Avenue, S.W. and the property of CHS, Inc.
(DB 1723 Pg. 85, Tax Appraisal No. 1040905) N. 31o 34' E 270.00 feet to a point;
thence leaving the property of CHS, Inc. and the westerly right-of-way of Crystal
Spring Avenue, S.W. and crossing said right-of-way S. 580 26' E 80.00 feet to a
point, said point being on the easterly right-of-way of Crystal Spring Avenue, S.W.;
thence with the easterly right-of-way of Crystal Spring Avenue, S.W. and the
property of Cadlion Medical Center (formerly Roanoke Hospitals) (DB 1494 Pg.
610, Tax Appraisal No. 1041004) S. 31o 34' W., 47.46 feet to a point, said point
being the southwesterly comer of Tax Appraisal No. 1041004; thence continuing
with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of
Roanoke Hospital Association (Tax Appraisal No. 1041003) S. 31 o 34' W 222.54
feet to the PLACE OF BEGINNING, said air space right-of-way and easement
beginning forty-one (41) feet above the plane herein described and extending upward
therefrom to a horizontal plane having an elevation of 1020.00.
A copy of the full text of said proposed ordinance is on file in the Office of the City Clerk, Room
456, Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia 24011.
A public heating on the proposed ordinance will be held at 7:00 p.m., on April 19, 1999, in
the Council Chambers. All parties in interest and citizens may appear on the above date and be
heard on this issue.
Any interested party is hereby invited to submit a written bid for the air rights proposed to
be granted. Bids will be received in the Office of the City Clerk until 4:30 p.m., local time, Monday,
April 19, 1999.
All bids so received will be held by the City Clerk, unopened, until 7:00 p.m., local time, on
the same date, at which time all bids so received will be delivered to the Roanoke City Council
Chamber, Room 450, Municipal Building, Roanoke, Virginia, and then publicly opened and read
aloud before the Roanoke City Council.
The necessary bid documents, including a proposed lease of additional air space and bid
form, may be obtained from the City Clerk's Office on and after Monday, March 29, 1999.
The bidder shall give notice in writing of his claim of right to withdraw his bid within two
days after the conclusion of the bid opening consistent with the procedure set forth in Part (1) of
Section 11-54.A of the Code of Virginia (1950), as amended.
Within sixty days after the deadline for receipt of bids, the City of Roanoke may award a
lease of air space agreement to the highest responsible and responsive bidder who will provide the
best combination of value of proposed improvements to the property and annual rental fee for
privileges and rights to be granted pursuant to the terms of the lease of additional airspace.
The City expressly reserves the right to reject any and all bids, to waive any informality or
irregularity in the bids received, and to accept the bid which is deemed to be in the best interest of
the City.
Mary F. Parker
City Clerk
................................................................. Note to Publisher:
Please publish in the following Sunday editions: March 28, April 4, April 11, and April 18,
1999 (four advertisements total). Please forward the bill to the City Clerk, Room 456, 215 Church
Avenue, S. W., Roanoke, Virginia 24011.
H:~qOTICE'XNAR-CHS.ENC
BID FORM
Lease of air rights located in Roanoke City over a
portion of Crystal Spring Avenue, S.W.
Date:
Submitted by:
Roanoke City Council
c/o City Clerk's Office
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
(Firm Name)
proposes and agrees, if this Bid
(Firm name)
is accepted, to enter into and be bound by the Lease of Air Space. A copy of said lease is on
file in the Office of the City Clerk.
Bid: one-time payment for rent as set forth in paragraph 2 of the
Lease of Airspace - DOLLARS ($
Bid: term commencing on ,1999, (date can be no sooner than 10 days
after City Council adopts the ordinance on second reading authorizing the Lease of Air
Space) and ending on May 13, 2058.
State the complete firm name, exactly as it is recorded with the
State Corporation Commission.
EXACT FIRM NAME:
By: Title:
(Type name)
DELIVERY ADDRESS:
(Type title)
MAILING ADDRESS:
CITY: STATE: ZIP CODE:
TELEPHONE:(__) FAX: ( )
DIRECTIONS FOR MAILING BIDS: If bids are sent by mail, they shall
be sent by certified mail, return receipt requested.
Opaque envelopes - containing bids must be sealed, marked, and addressed as follows:
Roanoke City Council
c/o City Clerk
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Please label in large letters on the front and back of envelope:
"Bid for Lease of Air Rights not to be opened until Council meeting at 7:00 p.m. on
April 19, 1999."
H:~LEASELBID-AR99
LEASE OF AIR SPACE
THIS LEASE, entered into this ~ day of ,1999, by and between
the CITY OF ROANOKE, VIRGINIA, a municipal corporation, hereinafter referred to
as"Lessor, and , a
corporation, hereinafter referred to as "Lessee";
WITNESSETH:
WHEREAS, pursuant to applicable statutes and ordinances, the City Council for the
City of Roanoke, Virginia adopted Ordinance No. on the day
of , 1999, authorizing the execution of a lease covering the premises
hereinafter described on the terms and conditions hereinafter set forth; and
WHEREAS, said ordinance was adopted afterdue advertisement and public hearing
held on the 19th day of April, 1999, after which Council determined that the bid of the
Lessee, was the highest and best bid therefor and should be accepted by the Lessor.
NOW, THEREFORE, IN CONSIDERATION of the rental payments hereinafter set
forth and in further consideration of the faithful performance of the mutual covenants,
conditions and undertakings of the parties as set forth herein, the Lessor does hereby
LEASE and DEMISE unto the Lessee certain air space over a portion of Crystal Spring
Avenue, located in the City of Roanoke, Virginia, and more particularly described on Exhibit
A attached and made a part hereof.
This Lease is made upon the following terms and conditions:
1. TERM: This Lease shall begin on the day of
the 13th day of May, 2058.
,1999, and end
RENT: Lessee shall pay to the Lessor a one-time rental payment in the total
amount of DOLLARS
($ ), which payment shall cover the rent for the entire term of this
Lease. This one-time payment shall be made by the Lessee to the Lessor prior to
the day of ,
RENEWAL: Upon expiration of the initial term of this Lease, this Lease may be
renewed and extended upon the mutual agreement of the Lessor and the Lessee,
provided that both parties agree in writing to the extension of this Lease at least 120
days prior to the termination of the Lease. The term of any renewal shall be
determined at the time of the renewal. Any extension of this Lease shall be as
authorized by the Constitution of the Commonwealth of Virginia and all other
applicable statutes, and shall be under such terms and conditions as may be
agreed upon by the Lessor and Lessee at the time of said extension.
MAINTENANCE: Lessee shall be responsible for the complete maintenance of any
and all structures which are built within the Leased Air Space. Maintenance shall
include, but not be limited to, the structural integrity of the structure, all aesthetic
aspects of the structure, and the general cleaning and upkeep of all elements of the
structure. All maintenance work, ordinary as well as extraordinary, and structural
as well as non-structural, shall be made promptly, as and when necessary. All
repairs and replacements shall be in a quality and class at least equal to the original
work.
UTILITIES: Lessee shall pay the charges for all utility services furnished to the
structure erected in the Leased Air Space, including all hook-up and installation
charges, deposits, and similar charges that may be incurred in connection with the
utility services.
Lessee, at no expense to the Lessor, shall also make proper provisions for the
relocation and/or installation of any existing utilities which pass through the leased
air space, including the securing of approval and consent from any affected
company and other appropriate agencies.
LIGHTING: Lessee shall be responsible for the installation and maintenance of any
and all lighting which may be required under or on the structure to be built in the
Leased Air Space in order to provide adequate lighting for that portion of Crystal
Spring Avenue, which passes under the Leased Air Space. All lighting shall be
equal to or exceed any specifications set by the Lessor or any other governmental
agency, including all standards set by the Virginia Department of Highways and
Transportation for underpasses and similar structures, and shall be operated during
any and all periods as may be required by the Lessor. In addition, in case of
outages, Lessee agrees to replace or repair such outages at its own expense within
seventy-two (72) hours after notification of the outage is given to Lessee. All
charges incurred in connection with the use and operation of said lighting, including
charges for electrical power or other energy sources, shall be the responsibility of
the Lessee.
APPROVAL OF PLANS: Prior to construction of any structure in the Leased Air
Space, Lessee agrees to submit the plans for such structure to the City Manager
and Building Commissioner for review and approval. Lessor agrees that review of
the plans will be accomplished within fifteen (15) business days after submission
and that approval will not be unreasonably withheld.
COMPLIANCE WITH STATUTES, ETC.: The Lessee shall comply with all
applicable City, State and Federal laws, ordinances, regulations, statutes and
codes, including all relevant building and safety codes, in connection with the
construction, maintenance and operation of the structure being placed in the
Leased Air Space.
The Lessee shall further comply with all applicable City, State and Federal Laws,
ordinances, rules and regulations affecting or respecting the Leased Air Space, or
2
10.
the use or occupancy of same, including the business at any time thereon
transacted by the Lessee therein.
TAXES AND ASSESSMENTS: The Lessee shall pay any and all property taxes
assessed against the Leased Air Space and improvements thereon during the term
of this Lease and any renewal hereof. Lessee shall also pay all taxes and
assessments levied against the personalty and the business operations carded on
by ft in the Leased Air Space as well as the cost of any additional business licenses
and permits necessary to the operation of this business enterprise.
REMOVAL OF STRUCTURE: At the expiration of the Lease period, or any
renewals thereof, if no agreement to the contrary has been reached, or if any point
during the Lease period or any renewals thereof, the structure within the Leased Air
Space becomes unsafe or fails to meet the provisions of any applicable building or
safety codes, and Lessee refuses or is unable to correct such structural or safety
defect within a reasonable time after proper notice thereof from Lessor, Lessee
agrees to demolish and remove the structure in the Leased Air Space solely at its
own expense. All demolition and related work required for the removal of the
structure in the Leased Air Space shall be done diligently and in conformity with all
legal and safety requirements, in a good and workman-like manner, and in
accordance with any reasonable standards required by the Lessor.
In order to ensure performance of Lessee's obligations as set forth above in relation
to the demolition and removal of the structure within the Leased Air Space, solely
at the expense of the Lessee, Lessee hereby agrees to obtain a performance bond
naming the Lessor as the obligee or insured party in the event Lessee does not
demolish and remove the structure, as required by this Lease. This bond shall be
with a reputable bonding company licensed to do business in the Commonwealth
of Virginia and in the initial amount of Two Hundred Fifty Thousand and 00/100
Dollars ($250,000.00). The bond shall be in force prior to the initiation of any
construction within the Leased Air Space and shall remain in force for the term of
this Lease and any renewals hereof.
The amount of the bond required herein shall be reviewed every five (5) years and
may be increased or decreased at the time of each review to reflect the reasonable
cost of demolition and removal at that time. Any increase or decrease in the
amount of the bond shall be mutually agreed upon between the Lessor and the
Lessee. If the Lessor and the Lessee cannot agree upon a mutually satisfactory
sum to cover the cost of demolition and removal or if the Lessor and Lessee cannot
agree upon a mutually acceptable means for ensuring that the structure will be
demolished or removed at no expense to Lessor if it is no longer feasible to obtain
a performance bond, the matter will be referred to three independent arbitrators.
One of these arbitrators will be chosen by the Lessor and one will be chosen by the
Lessee. After being chosen, these two arbitrators shall then choose a third
arbitrator, and the majority decision of the three arbitrators as to the cost of removal
or manner of insuring the Lessor shall then be final and binding on the parties
hereto.
11.
12.
INDEMNIFICATION: Lessee agrees to indemnify and hold harmless the Lessor, its
officers, agents and employees, from any and all claims, legal actions and
judgments advanced against Lessor and for expenses Lessor may incur in this
regard, arising out of Lessee's intentional acts and negligent acts or omissions with
respect to the rights and privileges granted to Lessor to Lessee in this instrument.
INSURANCE: Lessee shall obtain and maintain during the life of this Lease,
including any extensions, general liability, bodily injury and property damage liability
insurance coverage with respect to claims arising out of the subject matter of the
Lease. The amount of such insurance shall not be less than:
ao
In the case of bodily injury liability insurance, $1,000,000 for injuries,
including death, to one person in any one occurrence and $5,000,000 annual
aggregate;
In the case of property damage insurance, $500,000 for damage in any one
occurrence and $1,000,000 annual aggregate;
Co
In the case of general liability insurance, coverage in the amount of
$1,000,000; and
do
The above amounts may be met by "umbrella" coverage in a minimum
amount of $5,000,000.
Lessee shall name Lessor as an additional insured as its interests may appear on
the above policies. Prior to execution of this Lease, Lessee shall furnish the Lessor
with certificates evidencing the required coverage and containing a statement to the
effect that the coverage shall not be canceled or materially altered except after thirty
(30) days's written notice to the Lessor.
The amount of insurance required herein shall be reviewed every five (5)years and
may be increased or decreased at the request of the Lessor. Any increase in the
amount of required insurance shall be mutually agreed upon between the Lessor
and the Lessee. If the Lessor and Lessee cannot agree upon a mutually
satisfactory amount at the time of any insurance review, the matter will be referred
to three independent arbitrators. One of these arbitrators shall be chosen by the
Lessor and one shall be chosen by the Lessee. After being chosen, these two
arbitrators shall then choose the third arbitrator. The majority decision of the three
arbitrators as to the amount of insurance shall then be final and binding on the
parties hereto.
4
13.
14.
15.
COVENANT OF TITLE AND QUIET ENJOYMENT: Lessor hereby covenants and
warrants that Lessor has full right and lawful authority to enter into this Lease for the
term of this Lease or any renewal hereof; that Lessor is lawfully seized of the entire
premises herein demised and has the title thereto, free and clear of all
encumbrances, and further that Lessee's quiet and peaceable enjoyment of the
leased premises during the term of this Lease, or any renewal, shall not be
disturbed or interfered with by anyone.
TERMINATION: This Lease may be terminated at any time by mutual agreement,
in writing, of the Lessor and Lessee. In addition, if the Lessee breaches, or is in
default in the performance of, any covenant of this Lease and if such breach or
default is not cured within thirty (30) days after written notice thereof is given by
Lessor to Lessee, or if such breach or default is of such nature that it cannot be
cured within thirty (30) days from the date of such notice but Lessee has not
proceeded with reasonable diligence and in good faith to remedy any breach or
default within the thirty (30) day period, Lessor may give Lessee written notice of its
unilateral right to terminate this Lease at some date not less than ninety (90) days
after date of the termination notice.
NOTICE: All notices required by any provision of this lease shall be given in writing,
by registered or certified mail, addressed to the party to whom the notice is to be
given at address hereafter given or at such other addresses as from time to time
which may be given by the parties. Notice shall be deemed to have been made at
the time of depositing the letter in the United States Post Office. Addresses of the
parties are as follows:
a. Lessor:
City Manager
Room 364, Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
b. Lessee:
16.
17.
SUCCESSORS AND ASSIGNS: It is understood and agreed that all the covenants,
agreements, terms, conditions, and provisions of this Lease or any renewal hereof
shall extend to and be binding upon the assigns and/or successors in interest to the
respective parties hereto. Any assignment of this Lease must be approved by the
Lessor, but such approval shall not be unreasonably withheld.
ENTIRE AGREEMENT: It is understood and agreed that this instrument contains
the entire agreement between the parties. Any modifications to the Lease shall be
in writing and signed by the parties hereto.
Date:
ATTEST:
,1999
Mary F. Parker, City Clerk
Date: ,1999
CITY OF ROANOKE, VIRGINIA
By:
City Manager
Date:
ATTEST:
,1999
Date: ,1999
By:
(Print Name)
Title:
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
The foregoing instrument was acknowledged before me this day of
,1999, by , City Manger of the City of
Roanoke, Virginia, for and on behalf of said municipal corporation.
My Commission expires:
(SEAL)
Notary Public
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
1999,
The foregoing instrument was acknowledged before me this
by ., the
, for and on behalf of said entity.
day of
My Commission expires:
(SEAL)
Notary Public
H:\LEASE\LAIR-FOR 6
LEGAL DESCRIPTION
That portion of hereinafter-described plane lying within the confines of the right-of-
way of Crystal Spring Avenue, S.W., and more particularly described as follows:
STARTING at the intersection of the northerly right-of-way line of McClanahan
Street S.W. and the easterly right-o f-way line of Crystal Spring Avenue, S.W.; thence
with the easterly right-of-way of Crystal Spring Avenue, S.W. and the property of
Roanoke Hospital Association (Tax Appraisal No: 1041003) N 31 o 34' E. 140.00 feet
to the ACTUAL PLACE OF BEGINNING; thence leaving the property of Roanoke
Hospital Association and the easterly right-of-way of Crystal Spring Avenue, S.W.
and crossing said right-of-way N 580 28' W. 80.00 feet to a point; said point being
on the westerly right-of-way of Crystal Spring Avenue, S.W.; thence with the
westerly right-of-way of Crystal Spring Avenue, S.W. and the property of CHS, Inc.
(DB 1723 Pg. 85, Tax Appraisal No. 1040905) N. 31o 34' E 270.00 feet to a point;
thence leaving the property of CHS, Inc. and the westerly right-of-way of Crystal
Spring Avenue, S.W. and crossing said right-of-way S. 580 26' E 80.00 feet to a
point, said point being on the easterly right-of-way of Crystal Spring Avenue, S.W.;
thence with the easterly right-of-way of Crystal Spring Avenue, S.W. and the
property of Carilion Medical Center (formerly Roanoke Memorial Hospitals) (DB
1494 Pg. 610, Tax Appraisal No. 1041004) S. 31o 34' W., 47.46 feet to a point, said
point being the southwesterly comer of Tax Appraisal No. 1041004; thence
continuing with the easterly right-of-way of Crystal Spring Avenue, S.W. and the
property of Roanoke Hospital Association (Tax Appraisal No. 1041003) S. 31 o 34'
W 222.54 feet to the PLACE OF BEGINNING, said air space right-of-way and
easement beginning forty-one (41) feet above the plane herein described and
extending upward therefrom to a horizontal plane having an elevation of 1020.00.
Exhibit A
H:~NOTICE\DES-EXA
BID FORM
Lease of air rights located in Roanoke City over a
portion of Crystal Spring Avenue, S.W.
Roanoke City Council
c/o City Clerk's Office
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Date: April 5, 1999
Submitted by: rm$, Tn~,~
(Firm Name)
CH'.q: Tn~. proposes and agrees, if this Bid
(Finn name)
is accepted, to enter into and be bound by the Lease of Air Space. A copy of said lease is on
file in the Office of the City Clerk.
Bid: one-time payment for rent as set forth in paragraph 2 of the
Lease of Airspace- Two Hundred & 00/100 DOLLARS ($~
Bid: term commencing on Aoril 30 ,1999, (date can be no sooner than 10 days
after City Council adopts the-ordinance on second reading authorizing the Lease of Air
Space) and ending on May 13, 2058.
State the complete firm name, exactly as it is recorded with the
State Corporation Commission.
EXACT FIRM NAME: c~s, Inc.
By: Donald E. Lorton
Title:
(Type name)
DELIVERY ADDRESS:213 S Jefferson st., Ste.
~r~asurar
(Type title)
720, P. O. BOX 40032
MAILING ADDRESS: P. O. BOx 40032
CITY: Roanoke
STATE: VA ZIP CODE: 24022-0032
TELEPHONE:(540) 22a 5nfl2
FAX: ~40) 224 5796
DIRECTIONS FOR MAILING BIDS: If bids are sent by mail, they shall
be sent by certified mail, return receipt requested.
Opaque envelopes - containing bids must be sealed, marked, and addressed as follows:
Roanoke City Council
c/o City Clerk
Room 456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
Please label in large letters on the front and back of envelope:
"Bid for Lease of Air Rights not to be opened until Council meeting at 7:00 p.m. on
April 19, 1999."
H:~LEASE',BID-AR99
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
May 5, 1999
File #51
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. 34253-050399 amending certain proffered
conditions for the rezoning of approximately 8.769 acres of land, located on the west side
of Oakland Boulevard, N. W., identified as Official Tax No. 2250105, to reflect the changes
in proffered conditions as shown on the Fifth Amended Petition to Amend Proffers filed in
the City Clerk's Office on April 15, 1999, and as set forth in a report of the City Planning
Commission dated April 19, 1999, and that Ordinance No. 33361, adopted on May 5, 1997,
be rescinded. The abovereferenced measure was adopted by the Council of the City of
Roanoke on first reading on Monday, April 19, 1999, also adopted by the Council on
second reading on Monday, May 3, 1999, and will be in full force and effect ten days
following the date of its second reading.
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
Edward A. Natt
May 5, 1999
Page 2
pc~
Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia
24017
Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W.
Roanoke Virginia 24014
James D. Ritchie, Sr., Acting City Manager
William X Parsons, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald L. Smith, Acting Building Commissioner
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
H:~.GEND~Y3.1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1999.
No. 34253-050399.
AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 225, Sectional 1976 Zone Map, City of Roanoke, in order
to amend certain conditions presently binding upon certain property previously conditionally
zoned C-2, General Commercial District.
WHEREAS, ARC Roanoke, Inc., filed an application to the Council of the City of
Roanoke to amend certain conditions presently binding upon an 8.769-acre tract of land
located on the west side of Oakland Boulevard, N.W., and designated as Official Tax No.
2250105, which property was previously conditionally rezoned by the adoption o fOrdinance
No. 33361, adopted May 5, 1997; 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 April 19, 1999, 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
amendment; and
WHEREAS, this
recommendation made
opportunity to be heard, both for and against the proposed
Council, after considering the aforesaid application, the
to the Council by the Planning Commission, the City's
Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that
the conditions now binding on that certain 8.769-acre tract of land located on the west side
of Oakland Boulevard, N.W., and designated as Official Tax No. 2250105, and the matters
presented at the public hearing, should be amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that
§§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 225
of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in
proffered conditions as shown in the Fifl~h Amended Petition to Amend Proffers filed in the
City Clerk's Office on April 15, 1999, and as set forth in the report of the Planning
Commission dated April 19, 1999, and that Ordinance No. 33361, adopted May 5, 1997, be
rescinded.
ATTEST:
City Clerk.
H:\ORD-P. EZ\OAP-ARC
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 CHURCH AVENUE S.W. - ROOM 452
ROANOKE, VIRGINIA 2401 !- 1594
TELEPHONE: (540) 853-2444
FAX: (540) 853-1145
April 15, 1999
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 Fifth Amended Petition from Edward A. Natt, Attorney,
representing ARC Roanoke, Inc., requesting amendment of the proffered conditions for
rezoning of approximately 8.769 acres of land, located on the west side of Oakland Blvd.,
N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council
of the City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
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
Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia
24017
Evelyn S. Lander, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
CHARLES H. OStErHOUDT
MICHAEL S. fERGUSON
EDWARD a. NATT
MICHAEL J. AHERON
g. STEVEN AGEE
MARK D. KIDD
KRISTEN KONRAD JOHNSTONE
LAW OFFICES ~' 7"
OSTERHOUDT, FERG[ISON, NATT, AHERON g ACEE
APR. OFE$$1ONAL COR. POP-.ATION
1919 ELECTP. IC R. OAD, SUITE I
P, O. BOX 20068 '
ROANOKE. VI R. GIN IA
24018-0007
April 14, 1999
TELEPHONE
540-774-1197
FAX NO.
540-774-0961
DELIVERED
Mary Parker, City Clerk
456 Municipal Bldg.
215 Church Avenue, SW
Roanoke, VA 24011
Re:
Request of ARC Roanoke, Inc., to amend Proffers
previously adopted relating to the rezoning of
approximately 8.769 acres property of Official Tax No.
2250105 located on the west side of Oakland Blvd.
Dear Ms. Parker:
Enclosed please find the Fifth Amended Petition to Amend
Proffers relating to the above matter. If you should have any
questions regarding this matter, please do not hesitate to contact
me.
With best personal regards, I am,
Very truly yours,
Edward A. Natt
EAN/laf
Enclosures
cc: Evelyn S. Lander, Secretary
Architectural Review Board
Mr. Richard Dickson
ARC, Inc.
rISTERH OU DT, FERGUSON,
NATT, AHERDN & AGEE
ATTO R N EYG-AT-LAW
ROANOKE, VIRGINIA
24DIB-1G99
FIFTH AMENDED PETITION TO AMEND PROFFERS
IN THE COUNCIL OF THE CITY OF'~ROANOKE, VIRGINIA
IN RE:
Request of Arc Roanoke, Inc., to amend Proffers
previously adopted relating to the rezoning of
approximately 8.769 acres property of Official Tax No.
2250105 located on the west side of Oakland Blvd.
TO THE HONORABLE MAYOR ANDMEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., a portion of said property containing 8.769 acres
having been rezoned to C-2 with Proffers on April 21, 1997.
Petitioners hereby request that the Proffers related to the
rezoning of the 8.769 acres of said tract to C-2, General
Commercial District be amended. A map of the subject property
is attached as Exhibit "1"
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that Proffers
relating to the hereinafter described property, identified as a
portion of Official Tax number 2250105, be amended as
hereinafter set out, said property being described on Exhibit
The Petitioner believes the amendment of Proffers relating
to said tract of land will further the intent and purposes of
the City's Zoning Ordinance and its comprehensive plan, in that
it will provide an appropriate location for an appropriate
commercial use.
The petitioner is requesting that the rezoning be subject
to the following proffered conditions:
1'15TERHOUDT, F*ERGU50N,
NATT, AHERDN & AGEE
ATTO R N EY5 -AT- LAW
ROANOKE, VIRGINIA
2401G-1699
o
o
4 o
o
o
That the proposed development will be built
in substantial conformity with the DS
Atlantic Site Plan for the Consolidated
Theater, Real Estate Innovations, dated
February 22, 1999 a copy of which is
attached hereto and made a part hereof as
Exhibit "3", subject to any changes that may
~e r-~qui-~e~ by the City during development
plan review. In addition, the Petitioner
shall connect in a continuous fashion the
pedestrian walkway adjacent to Valley View
Boulevard with the theater entrance.
Trash dumpster pickup shall be scheduled after
8:00 .z~M.
Parking lot cleanup shall occur between 8:00 AM
and 12:00 Noon.
No certificates of occupancy shall be issued
for any new structures on the property until
such time as the proposed interchange with
1-581 and access road are constructed and
operational.
A landscaped greenspace (a minimum of 75
feet along the residential property and a
portion of the property to be conveyed to
Valley View Wesleyan Church and a minimum of
60 feet along that portion of the property
between Valley View Wesleyan Church and
Round Hill Elementary School) with a 6 foot
high berm and a black vinyl chain link fence
6 feet high shall be constructed, planted
and maintained by the Property Owner until
such time as ownership of the landscaped
greenspace can be conveyed to the Western
Virginia Land Trust or other organization
acceptable to the City of Roanoke. In the
event that the issue of ownership cannot be
resolved, the berm, vinyl coated chain-link
fence and landscaping shall be constructed
and maintained by the Property Owner.
That no fast food restaurants, as defined in the
Roanoke City Zoning Ordinance located thereon
shall be located on the 8.769 acre parcel.
All lighting on the Property shall consist of
lighting fixtures designed with shields that
prevent any illumination of adjoining residential
neighborhoods.
DSTERHDUDT, FERGUBDN,
NATT, AHERnN & AGEE
ATT ri R N EYS -AT-LAW
RQANDKE, VIRGINIA
2401B-1699
All dumpsters, loading docks, and heating/air
conditions and handling units shall be screened
from public view by landscaping, masonry or metal
screen walls.
o
There shall be no motorized vehicular access from
any portion of the subject rezoning to the
adjacent residential neighborhood.
10.
Pedestrian access between the Property and the
adjacent residential neighborhood will be
provided only as requested by the City of
Roanoke.
11.
Landscaping of the greenspace area shall be
completed within one (1) year of occupancy of any
parcel on the property.
12.
The exterior architectural treatment of buildings
on the Property shall be consistent with
Commercial buildings at Valley View Mall and have
the same level of architectural detail on all
sides.
13.
Landscaping of the landscaped greenspace will be
in substantial conformity with the attached
typical 100 foot section of the landscaped
greenspace prepared by Hill Studios, P.C. dated
February 28, 1997.
14.
The effective date of this rezoning shall be the
date the City accepts the dedication of proposed
access road.
15.
There will be no outdoor advertising structures
or free standing sign structures on the Property
other than directional signs and an entrance sign
adjacent to Valley View Boulevard Extended
indicating entities located on the Property.
Occupant identification signs on buildings
located on the Property will be consistent with
Valley View Mall.
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property
immediately adjacent to immediately across a street or road from
the subject property.
W-~EREFORE, the Petitioner requests that the Proffers
OSTERNOUDT, FERGUSDN,
NATT, AHERDN & AGEE
ATT O R N E Y5 -AT- LAW
ROANOKE, VIRGINIA
24018-1699
heretofore adopted by Roanoke City Council relating to the
subject property be amended and the proffered conditions set
forth in this Fifth Amended Petition be accepted and adopted in
accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this 1st day of April, 1999.
Respectfully submitted,
ARC ROAI~OKE, INC.
Of CSunsel
P.O. Box 6220
Roanoke, VA 24017
A,t~¢ RQANOi~, ~[N~.
Z: \WP50\CAROL \ZON I NG\ARC4. PET: [ af04/14/99
, President
4
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
April 15, 1999
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 Fourth Amended Petition from Edward ^. Natt, Attorney,
representing ARC Roanoke, Inc., requesting amendment of the proffered conditions for
rezoning of approximately 8.769 acres of land, located on the west side of Oakland Blvd.,
N. W., Official Tax No. 2250105, which rezoning was previously approved by the Council
of the City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997.
Sincerely,
Mary F. Parker, CMC/A~E
City Clerk
MFP:Io
Enclosure
pc;
The Honorable Mayor and Members of the Roanoke City Council
Edward ^. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & ^gee, P. C., P. O.
Box 20068, Roanoke, Virginia 24018-0007
Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia
24017
Evelyn S. Lander, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
CHARLES H. OSTERHOUDt
MICHAEL S. FERGUSON
EDWARD A. NATT
MICHAEL J. AHERON
G. STEVEN aGEE
MARK D. KIDD
KRISTEN KONRAD JOHNSTONE
LA'i/ OFFICES
OSTERHOUDT. FERGU$ON. NATT. A'HEp,:ON 8 AGEE
A PROFESSIONAL CORPORATION
1919 ELECTRIC ROAD. SUITE I 'C;CI '
P. O. BOX 20068,
R. OAN O K.E. VI R_C, IN IA
24018°0007
April 12, 1999
TELEPHONE
540-774-1197
FAX NO.
540-774'096 I
HAND-DELIVERED:
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
215 Church Avenue, S.W.
Room 456, Municipal Building
Roanoke, VA 24011-1536
RE:
Request of ARC Roanoke, Inc., to aa%end Proffers
previously adopted relating to the rezoning of
approximately 8.769 acres property of Official Tax No.
2250105 located on the west side of Oakland Blvd.
Dear Mary:
Enclosed please find Fourth Amended Petition to Amend Proffers
relatin9 to the above matter which are now fully executed.
Thanking you in advance for your attention to this matter, I
am
Very truly yours,
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
Edward A. Natt
EAN/csb
Enclosure
pc:
Evelyn S. Lander, Secretary
Architectural Review Board
CITY OF ROANOKE
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
HAND-DELIVERED
pc:
Richard Dickson, ARC
James F. Douthat, Esq.
Harwell M. Darby, Jr.
VIA FACSIMILE: 344-5685
VIA FACSIMILE: 983-7711
VIA FACSIMILE: 224-8050
~STERHDUDT, FERGUSDN,
NATT, AHERDN & AGEE
ATT n R N E YEi-AT- LAW
RnANDKE, VIRI31NIA
24018-1699
FOURTH AMENDED PETITION TO A~RND PROFFER~
IN THE COUNCIL OF TWm CITY OF ROANOKE, VIRGINIA
IN RE:
Request of Arc Roanoke, Inc., to amend Proffers
previously adopted relating to the rezoning of
approximately 8.769 acres property of Official Tax No.
2250105 located on the west side of Oakland Blvd.
TO THE HONORABLE MAYORANDMEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., a portion of said property containing 8.769 acres
having been rezoned to C-2 with Proffers on April 21, 1997.
Petitioners hereby request that one of the Proffers related to
the rezoning of the 8.769 acres of said tract to C-2, General
Commercial District be amended. A map of the subject property
is attached as Exhibit "1"
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that Proffers
relating to the hereinafter described property, identified as a
portion of Official Tax number 2250105, be amended as
hereinafter set out, said property being described on Exhibit
The Petitioner believes the amendment of Proffers relating
to said tract of land will further the intent and purposes of
the City's Zoning Ordinance and its comprehensive plan, in that
it will provide an appropriate location for an appropriate
commercial use.
The petitioner is requesting that Proffer #1 approved and
adopted as part of said rezoning be amended to read as follows:
DSTERHO UDT, F'£RG UE~rlN,
NATT, AHERON & AGEE
ATTO R N EYS-AT-LAW
ROANOKE, VIRGINIA
24DIG-1699
o
That the proposed development will be built
in substantial conformity with the DS
Atlantic Site Plan for the Consolidated
Theater, Real Estate Innovations, dated
February 22, 1999 a copy of which is
attached hereto and made a part hereof as
Exhibit "3", subject to any changes that may
be required by the City during development
plan review. During development plan
review, Petitioner shall submit a plan by
which the pedestrian walkway shown on the
site plan shall be extended to or near
Valley View Boulevard.
The following additional proffers are submitted:
(A) Trash dumpster pickup shall be
scheduled after 8:00 AM.
(B) Parking lot cleanup shall occur
between 8:00 AM and 12:00 Noon.
The following proffers approved on April 21,
1997 shall remain in full force and'effect:
1. No certificates of occupancy shall
be issued for any new structures on the
property until such time as the proposed
interchange with 1-581 and access road are
constructed and operational.
2. A landscaped greenspace (a minimum
of 75 feet along the residential property
and a portion of the property to be conveyed
to Valley View Wesleyan Church and a minimum
of 60 feet along that portion of the
property between Valley View Wesleyan Church
and Round Hill Elementary School) with a 6
foot high berm and a black vinyl chain link
fence 6 feet high shall be constructed,
planted and maintained by the Property Owner
until such time as ownership of the
landscaped greenspace can be conveyed to the
Western Virginia Land Trust or other
organization acceptable to the City of
Roanoke. In the event that the issue of
ownership cannot be resolved, the berm,
vinyl coated chain-link fence and
landscaping shall be constructed and
maintained by the Property Owner.
3. That no fast food restaurants, as
2
OSTERHDUDT, FERGUSDN,
NATT, AHERDN & AGEE
ATTO R N EYS-AT-LAW
ROANaK£, VIRGINIA
24018-16cj9
defined in the Roanoke City Zoning Ordinance
located thereon shall be located on the
8.769 acre parcel.
4. Ail lighting on the Property shall
consist of lighting fixtures designed with
shields that prevent any illumination of
adjoining residential neighborhoods.
5. All dumpsters, loading docks, and
heating/air conditions and handling units
shall be screened from public view by
landscaping, masonry or metal screen walls.
6. There shall be no motorized
vehicular access from any portion of the
subject rezoning to the adjacent residential
neighborhood.
7. Pedestrian access between the
Property and the adjacent residential
neighborhood will be provided only as
requested by the City of Roanoke.
8. Landscaping of the greenspace area
shall be completed within one (1) year of
occupancy of any parcel on the property.
9. The exterior architectural
treatment of buildings on the Property shall
be consistent with Commercial buildings at
Valley View Mall and have the same level of
architectural detail on all sides.
10. Landscaping of the landscaped
greenspace will be in substantial conformity
with the attached typical 100 foot section
of the landscaped greenspace prepared by
Hill Studios, P.C. dated February 28, 1997.
11. The effective date of this
rezoning shall be the date the City accepts
the dedication of proposed access road.
12. There will be no outdoor
advertising structures or free standing sign
structures on the Property other than
directional signs and an entrance sign
adjacent to Valley View Boulevard Extended
indicating entities located on the Property.
Occupant identification signs on buildings
located on the Property will be consistent
rlSTERH rmu DT, FERGUSKIN,
NATT, AHERnN & AP. EE
ATTORNEYS-AT-LAW
ROANOKE, VIRSINIA
24018-1699
with Valley View Mall.
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property
immediately adjacent to immediately across a street or road from
the subject property.
WHEREFORE, the Petitioner requests that the Proffers
heretofore adopted by Roanoke City Council relating to the
subject property be amended to provide that the former Proffer
#1 be deleted and that a new Proffer #1 as set out above be
adopted, all of the above in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 1st day of April, 1999.
Respectfully submitted,
ARC ROANOKE, INC.
Of Counsel
P.O. Box 6220
Roanoke, VA 24017
natur O~
Z: \WP50\CAROL\ZON I NG\ARC4. PET: L a f 04/08/99
, President
CHARLES H. OSTERHOUDT
MICHAEL S. FERGUSON
EDWARD A. NATT
MICHAEL J. AHERON
G. StEVEN AGEE
MARK D. KIDD
KRISTEN KONRAD JOHNSTONE
LAW OFFICES ' ''i '
OSTERHOUDT, FEKGUSON, N~-~T, AHERON g AGEE
A PROFESSIONAL COP. PORATION
'919 ELECTRIC ROAd~,.'i,~)JITE I' '! 3 ~' '~; :5;'
P. o. Box 2oo~8
ROANOKE. VIRGINIA
2.4018-0007
April 13, 1999
TELEPHONE
540-774-1197
FAX NO.
540-774-0961
HAND-DELIVERED:
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
215 Church Avenue, S.W.
Room 456, Municipal Building
Roanoke, VA 24011-1536
RE:
Request of ARC Roanoke, Inc., to amend Proffers
previously adopted relating to the rezoning of
approximately 8.769 acres property of Official Tax No.
2250105 located on the west side of Oakland Blvd.
Dear Mary:
Enclosed please find a revised Page 2 of the Fourth Amended
Petition to Amend Proffers relating to the above matter which was
hand-delivered to you yesterday. The change was made in the top
paragraph 1. Please substitute this page in the Petition which you
have.
Thanking you in advance for your attention to this matter, I
am
EAN/csb
Enclosure
pc:
Evelyn S. Lander, Secretary
Architectural Review Board
CITY OF ROANOKE
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Very truly yours,
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
Edward A. Natt
HAND-DELIVERED
pc:
Richard Dickson, ARC
James F. Douthat, Esq.
Harwell M. Darby, Jr.
VIA FACSIMILE: 344-5685
VIA FACSIMILE: 983-7711
VIA FACSIMILE: 224-8050
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
March 29, 1999
File #51
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, April 19, 1999, 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 ARC Roanoke, Inc., that the
proffered conditions for rezoning approximately 8.769 acres of land, located on the west side of
Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the
Council of the City of Roanoke, pursuant to Ordinance No. 33361-050597 adopted on May 5, 1997,
be amended.
For your information, I am enclosing copy of a notice of the public hearing and an Ordinance. A
copy of the report of the City Planning Commission will be forwarded 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.
It will be necessary for you, or your representative, to be present at the April 19 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:lo
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 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 29, 1999
File #51
SANDRA H. EAKIN
Deputy City Clerk
Roanoke Area Association for Retarded Citizens
Ms. Jean B. Showalter, et al.
City of Roanoke Round Hill School
TRS Valleyview Wesleyan Church
Mr. and Mrs. Randolph M. Mann
Ms. Rose M. Meadors
Mr. and Mrs. William H. Gibbs
Ms. Mary F. Cole and Mr. Earl Nesbitt
Ms. Jackie L. Austin
Mr. and Mrs. Donald F. Thomas
Mr. Donnie L. Williams
Mr. Charles A. Saunders
Mr. and Mrs. Bruce E. Moyer
Ms. Ester Marrs Ruff
Logan's Roadhouse, Inc.
Arizona Funding Corporation
Atlantic Financial Group, Ltd.
Mr. and Mrs. William J. Parenti
Mr. and Mrs. Earl L. Johnston
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 heating for Monday, April 19, 1999, 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 ARC Roanoke, Inc., that the
proffered conditions for rezoning approximately 8.769 acres of land, located on the west side of
Oakland Blvd., N. W., Official Tax No. 2250105, which rezoning was previously approved by the
Council of the City of Roanoke, pursuant to Ordinance No. 33361-050597 adopted on May 5, 1997,
be amended.
If you would like to receive a copy of the report of the City Planning Commission, please call the
City Clerk's Office after Wednesday, April 7.
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/AAE
City Clerk
MFP:Io
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
April 19, 1999
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Arc Roanoke, Inc., represented by Edward A. Natt, attorney,
that conditions on property located on the west side of Oakland Boulevard,
N.W., identified by Official Tax Number 2250105, and approved by
Ordnance No. 33361-050597 rezoning subject property, be amended.
I. Background:
Subject property was rezoned from RS-3 to C-2, with conditions in May 1997 for
the purposes of constructing a sheltered workshop to provide education, job
training, and employment for mentally and physically disabled persons.
B. The existing conditions of the 1997 rezoning are as follows:
The proposed development will be built in substantial conformity with the
Balzer & Associates, Inc., plan dated February 27, 1997, a copy of which
is attached to these Proffers as Exhibit "A", subject to comprehensive
development plan review and approved by the Roanoke City Planning
Commission
No certificates of occupancy shall be issued for any new structures on the
property until such time as the proposed interchange with 1-581 and access
road are constructed and operational.
o
A landscaped green space (a minimum of 75 feet along the residential
property and a portion of the property to be conveyed to Valley View
Wesleyan Church and a minimum of 60 feet along the portion of the
property between Valley View Wesleyan Church and Round Hill
Elementary School) with a 6 foot high berm and a black vinyl chain link
fence 6 feet high shall be constructed, planted and maintained by the
property owner until such time as ownership of the landscaped greenspace
can be conveyed to the Western Virginia Land Trust or other organization
acceptable to the City of Roanoke. In the event that the issue of ownership
Roanoke City Planning Commission Architectural Review Board Boarc of Zoning Appeals
Members of City Council
Page 2
That no fast food restaurants, as defined in the Roanoke City Zoning
Ordinance located thereon shall be located on the subject property.
All lighting on the property shall consist of lighting fixtures designed with
shields that prevent any illumination of adjoining residential
neighborhoods.
o
All dumpsters, loading docks, and heating/air conditioning and handling
units shall be screened from public view by landscaping, masonry walls,
or metal screen walls.
o
There shall be no motorized vehicular access from any portion of the
subject rezoning to the adjacent residential neighborhood.
Pedestrian access between the Property and the adjacent residential
neighborhood will be provided only as requested by the City of Roanoke.
Landscaping of the green space area shall be completed within one (1)
year of occupancy of any parcel on the property.
10.
The exterior architectural treatment of buildings on the property shall be
consistent with commercial buildings at Valley View Mall and have the
same level of architectural detail on all sides.
11.
Landscaping of the landscaped green space will be in substantial
conformity with the attached typical 100 foot section of the landscaped
green space prepared by Hill Studio, P.C., dated February 28, 1997.
12.
The effective date of this rezoning shall be the date the City accepts the
dedication of proposed access road.
13.
There will be no outdoor advertising structures or free standing sign
structures on the Property other than directional signs and an entrance sign
adjacent to Valley View Boulevard Extended indicating entities located on
the property. Occupant identification signs on buildings located on the
Property will be consistent with Valley View Mall.
Co
Previous rezoning and its conditions were coordinated with an adjacent Valley
View rezoning which proposed development of the former Watts farm for
commercial development. Considerable public discussions and hearings were
held regarding the development and the rezoning requests.
Members of City Council
Page 3
II. Current Situation:
mo
Purpose of the rezoning is to amend the conditions of the previous rezoning. The
developer of the subject property, a theater, proposes to construct a building and
parking that is substantially different from the development footprint initially
proffered by ARC, Inc., in 1997. Also, petitioner has proffered additional
conditions relating to trash and parking lot clean up.
Bo
Request to amend proffered conditions was filed on 3/11/99. Several amended
petitions were filed to clarify proffered conditions.
Co
Neighborhood meeting with residents was held on April 5, 1999. Residents had
questions with regard to fencing and maintenance of the storm water detention
pond, lighting, location of HVAC units for development and need for extended
walk for Valley View mall access.
Planning Commission public hearing was held on April 7, 1999. Mr. Ed Natt,
representing the petitioner, explained the previous rezoning and the change in
conditions. Mr. Jim Douthat, representing the developer, discussed the proposed
development for a new theater. It was noted that a minor change was
recommended by residents regarding extension of a front entry walk. It was
agreed that an amended petition would be filed and a revised plan submitted.
Elaine Stinson (3532 Valley View Avenue) expressed concern about the existing
detention pond which has resulted in drainage problems to her home. Keith
Moore, President of the Williamson Road Action Forum, addressed the
Commission and thanked the attorneys for meeting with the neighborhood. He
said the forum supported the request to amend the conditions.
Fifth amended petition to amend proffered conditions was filed on April 14, 1999.
The proffered conditions are as follows:
That the proposed development will be built in substantial conformity with
the DS Atlantic Site Plan for the Consolidated Theater, Real Estate
Innovations, dated February 22, 1999, a copy of which is attached hereto
and made a part hereof as Exhibit "3", subject to any changes that may be
required by the City during development plan review. In addition, the
petitioner shall connect in a continuous fashion the pedestrian walkway
adjacent to Valley View Boulevard with the theater entrance.
2. Trash dumpster pickup shall be scheduled after 8:00 a.m.
3. Parking lot cleanup shall occur between 8:00 a.m. and 12:00 noon.
Members of City Council
Page 4
No certificates of occupancy shall be issued for any new structures on the
property until such time as the proposed interchange with 1-581 and access
road are constructed and operational.
o
A landscaped green space (a minimum of 75 feet along the residential
property and a portion of the property to be conveyed to Valley View
Wesleyan Church and a minimum of 60 feet along the portion of the
property between Valley View Wesleyan Church and Round Hill
Elementary School) with a 6 foot high berm and a black vinyl chain link
fence 6 feet high shall be constructed, planted and maintained by the
property owner until such time as ownership of the landscaped greenspace
can be conveyed to the Western Virginia Land Trust or other organization
acceptable to the City of Roanoke. In the event that the issue of ownership
cannot be resolved, the berm, vinyl coated chain-link fence and
landscaping shall be constructed and maintained by the Property Owner.
That no fast food restaurants, as defined in the Roanoke City Zoning
Ordinance located thereon shall be located on the subject property.
o
All lighting on the property shall consist of lighting fixtures designed with
shields that prevent any illumination of adjoining residential
neighborhoods.
All dumpsters, loading docks, and heating/air conditioning and handling
units shall be screened from public view by landscaping, masonry or metal
screen walls.
There shall be no motorized vehicular access from any portion of the
subject rezoning to the adjacent residential neighborhood.
10.
Pedestrian access between the Property and the adjacent residential
neighborhood will be provided only as requested by the City of Roanoke.
11.
Landscaping of the green space area shall be completed within one (1)
year of occupancy of any parcel on the property.
12.
The exterior architectural treatment of buildings on the property shall be
consistent with commercial buildings at Valley View Mall and have the
same level of architectural detail on all sides.
13.
Landscaping of the landscaped green space will be in substantial
conformity with the attached typical 100 foot section of the landscaped
green space prepared by Hill Studio, P.C., dated February 28, 1997.
Members of City Council
Page 5
14.
The effective date of this rezoning shall be the date the City accepts the
dedication of proposed access road.
III.
Issues:
15.
There will be no outdoor advertising structures or free standing sign
structures on the Property other than directional signs and an entrance sign
adjacent to Valley View Boulevard Extended indicating entities located on
the property. Occupant identification signs on buildings located on the
Property will be consistent with Valley View Mall.
IV.
A. Zoning.
B. Land use.
C. Utilities.
D. Traffic and access.
E. Neighborhood.
F. Comprehensive Plan.
Alternatives:
A. City Council approve the rezoning request.
Zoning of the property_ is currently C-2 with conditions. The physical
layout of building and parking on the property is a condition of the
rezoning. All other conditions will remain.
Proposed land use of the property will be commercial This is consistent
with adjacent commercial properties in the Valley View Mall area. A 75-
foot wide landscaped buffer is provided on the perimeter of the
commercial area adjacent to the residential neighborhood (a condition of
the previous rezoning).
3. Utilities are available to serve the subject development.
Traffic and access is available from the newly constructed Valley View
Boulevard and from 1-581. No traffic would be routed through the
residential neighborhood.
o
Neighborhood issues were addressed as part of the previous rezoning.
These include lighting, buffering, landscaping, controlled pedestrian and
Members of City Council
Page 6
vehicular access, and exclusion of such uses as fast food restaurants and
outdoor advertising structures. Additional questions and issues were
addressed as part of the neighborhood meeting on April 5, 1999.
6. Comprehensive Plan recommend~ that:
ao
Commercial, industrial and residential ~owth should be
encouraged through public and private actions to ensure a strong
and diversified economic base and employment opportunities for
all of Roanoke's citizens.
Development of new or existing commercial and industrial area~
should be carefully planned and designed to promote quality
development and good land use.
Co
Neighborhood character and environmental quality should be
protected. Possible changes in land use or new public and private
development in or near residential areas should be carefully
evaluated and designed to conserve and enhance neighborhood
quality.
B. City Council deny the rezoning request.
Zoning remains C-2 with conditions. Development must comply with
previous plan.
2. Land use can be in compliance with existing conditions.
3. Utilities are available.
4. Traffic and access addressed in previous rezoning and in conditions.
5. Neighborhood issues addressed.
6. Comprehensive Plan is followed.
V. Recommendation:
Planning Commission, by a vote of 7-0, recommends approval of the rezoning reque~l.
Rezoning of the subject property to commercial in 1997 was discussed in detail at
neighborhood meetings, the Planning Commission, and City Council. Use of the subject
property for commercial development is appropriate and reasonable. The proposed
change in the physical development of the property is consistent with adjacent
commercial development. Conditions have been proffered which address various
Members of City Council
Page 7
neighborhood issues including buffering, lighting, and pedestrian and vehicular access to
the commercial area.
Respectfully submitted,
Barbara N. Duerk, Chairman
Roanoke City Planning Commission
CC:
Steven J. Talevi, Asst. City Attorney
Edward A. Natt, Attorney for the Petitioner
E'TEJINOU OT, F~'RSUSO N,
ATTGRNEYS*AT-LAW
2405l-1 &gl9
FIFTH AM~qD~D PETITION TO _~qD PROFF~__ ~,
IN 1~: ~N THE COUNCZL OF
Request of Arc Roanoke, Inc., to amend Profters
previously adopted rela~ing to the rezoning of
approximately 8.769 acres property o£ Ofiicial Tax No.
2250105 located on the west aide o£ Oakland Blvd.
TO THE HONORABLE MAYOR AHD M~MBRRH OF THE COUNCIL OF TRB CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., a portion of said property containing 8.769 acres
having been rezoned to C-2 with Proffers on April 21, 1997.
Petitioners hereby request that the Proffers related to the
rezoning of the 8.769 acres of said tract to C-2, General
Commercial District be amended. A map of the subject property
ls attached as ~.
Pursuant tO Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that Proffers
relating to the hereinafter described property, identified as a
ion of Official Tax number 2250105, be amended as
hereinafter set out, said property being described on ~
?2"°
The Petitioner believes the amendment of Proffers relating
to said tract of land will further the intent and purposes of
the City's Zoning Ordinance and its comprehensive plan, in that
it will provide an appropriate location for an appropriate
commercial use.
The petitioner is requesting that the rezoning be subject
to the following proffered conditions:
Tfl#Oi~rlT. ~'[IGUSON,
Ar1', &#[RON & AB[[
IDA#OKI[. VIIIGINI&
That %he proposed development will be built
in substantial conformity with the DS
Atlantic Site Plan for the Consolidated
Theater, Real Estate Innovations, dated
February 22, 1999 a copy of which is
attached hereto and made a part hereof as
~, subject to any changes that may
be required by the City during development
plan review. In addition, the Petitioner
shall connect in a continuous fashion the
pedestrian walkway adjacent to Valley View
Boulevard with the theater entrance.
Trash dumpster pickup shall be scheduled after
8;00 AM.
Parking lot cleanup shall occur between 8:00 AM
and 12:00 Noon.
No certificates of occupancy shall be issued
for any new structures on the property until
such time as the proposed interchange with
1-581 and access road are constructed and
operational.
A landscaped greenspace (a minimum of 75
feet along the residential property and a
portion of the property to be conveyed to
Valley View Wesleyan Church and a minimum of
60 feet along that portion of the property
between Valley View Wesleyan Church and
Round Mill Elementary School) with a 6 foot
high berm and a black vinyl chain link fence
6 feet high shall be constructed, planted
and maintained by the Property Owner until
such ti~e as ownership of the landscaped
greenspace can be conveyed to the Western
Virginia Land Trust or other organization
acceptable to the City of Roanoke. In the
event that the issue of ownership cannot be
resolved, the berm, vinyl coated chain-link
fence and landscaping shall be constructed
and maintained by the Property Owner.
That no fast food restaurants, as defined in the
Roanoke City Zoning Ordinance located thereon
shall be located on the 8.769 acre parcel.
All lighting on the Property shall consist of
lighting fixtures designed with shields that
PFevent any illumination of adjoining residential
neighborhoods.
2
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All dumpsters, loading docks, and heating/air
conditions and handling units shall be screened
from public view by landscaping, masonry or metal
screen walls.
10.
There shall be no motorized vehicular access from
any portion of the subject rezoning to the
adjacent residential neighborhood.
Pedestrian access between the Property and the
adjacent residential neighborhood will be
provided only as req%/ested by the City of
Roanoke.
11.
Landscaping of the greenspace area shall be
completed within one (1) year of occupancy of any
parcel on the property.
12. The exterior architectural treatment of buildings
on the Property shall be consistent with
Commercial buildings at Valley View Mall and have
the same level of architectural de=all on all
sides.
13. Landscaping of the landscaped greenspace will be
in substantial conformity with the attached
typical 100 foot section of the landscaped
greenspace prepared by Hill Studios, P.C. dated
February 28, 1997.
14.
The effective date of this rezoning shall be the
date the City accepts the dedication of proposed
access road.
15.
There will be no outdoor advertising structures
or free standing sign structures on the Property
other than directional signs and an entrance sign
adjacent to Valley View Boulevard Extended
indicating entities located on the Property.
Occupant identification signs on buildings
located on the Property will be consistent With
Valley View Mall.
Attached as ~ are the names, addresses and tax
numbers of the owner or owners of all lots or property
immediately adjacent to immediately across a street or road from
the subject property.
the Petitioner requests that the Proffers
heretofore adopted by Roanoke City Council relating to the
subject property be amended and the proffered conditions set
forth in this Fifth Amended Petition be accepted and adopted in
accordance with the provisions of the Zoning Ordinance of the
City of Roanoke.
Respectfully submitted this 1st day of April, i999.
Respectfully submitted,
ARC ROANOKE, INC.
P.O. Box 6220
Roanoke, V.~ 24017
~.~44~natu-re of~r
President
Z: VM)50%¢A~OL \ZO# I NG~AltC~. J)E T: ! ef OL!
,T£~t~O(JOT, FENI~SON,
J~TTOINf~S-AT-L~W
ROANOIL&o ¥1RIINiA
Z4gTe-~&$1~
TOTAL P. ~5
DS,4tlantic
Ad Number: 1112443
Publisher's Fee: $118.14
OSTERHOUDT FERGUSON NATT
P.O. BOX 20068
ROANOKE, VA 24018
The Roanoke Times
STATE of VIRGINIA
CITY o{ ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
04/01/99 FULL RUN - Thursday
04/08/99 FULL RUN - Thursday
Witness, this 12th day of April 1999
Authorized Signature
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday, April 19,
1999, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber
in the Municipal Building, 215 Church Avenue, S.W., on the question of amending proffered
conditions presently binding up an 8.769-acre tract of land located on the west side of
Oakland Boulevard, N.W., and designated as Official Tax No. 2250105, previously
conditionally rezoned by Ordinance No. 33361-050597, adopted May 5, 1997.
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
GIVEN under my hand this 1st day of April , 1999.
Mary F. Parker, City Clerk.
H:\NOTICEXNAP-ARC
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
April 2, 1999
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 an Amended Petition from Edward A. Natt, Attorney, representing
ARC Roanoke, Inc., requesting amendment of the proffered conditions for rezoning of
approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W.,
Official Tax No. 2250105, which rezoning was previously approved by the Council of the
City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:lo
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
Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia
24017
Evelyn S. Lander, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
CHARLES H. OSTERHOUDt
MICHAEL S. FERGUSON
EDWARD A. NATT
MICHAEL ~1. AHERON
G. STEVEN AGEE
MARK D. KIDD
KRISTEN KONRAD JOHNSTONE
LA'~ OFFICES
OSTEI~HOLIDT, FERGUSON, NATT',,?.A~!E~0~ 8 AGEE
A PR-OFE$SIONAL CORPORATIO~
1919 ELECTRIC ROAD. SUITE I
P.o..o×2oo68 '99 ' --':~ 71
I~OA~ O K. E, VI LGI'N IA
24018-000?
April 2, 1999
TELEPHONE
540-774-1197
FAX NO.
540-774'0961
VIA F~KN-D DELIVERY
Mary Parker, City Clerk
456 Municipal Bldg.
215 Church Avenue, SW
Roanoke, VA 24011
Re: ARC Roanoke, Inc.
Dear Ms. Parker:
Enclosed please find the Amended Petition to Amend Proffers of
ARC Roanoke, Inc. I would appreciate your placing this in the
proper file.
am
Thanking you in advance for your attention to this matter, I
EAN/laf
Enclosure
cc: Ms. Evelyn S. Lander
Very truly yours,
Edward A. Natt
Architectural Review Board
James F. Douthat, Esq.
Mr. Richard Dickson
OGTERHOUDT, F'ERGUGON,
NATT, AHERDN & AGEE
ATT O R N E Y5-AT- LAW
ROANOKE, VIRGINIA
24018-1699
AMENDED PETITION TO A~ND PROFFERf
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Request of Arc Roanoke, Inc., to amend Proffers
previously adopted relating to the rezoning of
approximately 8.769 acres property of Official Tax No.
2250105 located on the west side of Oakland Blvd.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., a portion of said property containing 8.769 acres
having been rezoned to C-2 with Proffers on April 21, 1997.
Petitioners hereby request that one of the Proffers related to the
rezoning of the 8.769 acres of said tract to C-2, General
Commercial District be amended. A map of the subject property is
attached as Exhibit "1"
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that Proffers relating
to the hereinafter described property, identified as a portion of
Official Tax number 2250105, be amended as hereinafter set out,
said property being described on Exhibit "2"
The Petitioner believes the amendment of Proffers relating to
said tract of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that it
will provide an appropriate location for an appropriate commercial
use.
The petitioner is requesting that Proffer #1 approved and
adopted as part of said rezoning be amended to read as follows:
1. That the proposed development will be built in
substantial conformity with the DS Atlantic
Site Plan for the Consolidated Theater, Real
Estate Innovations, dated February 22, 1999 a
copy of which is attached hereto and made a
part hereof as Exhibit "3", subject to any
changes that may be required by the City
during development plan review.
2. All remaining Proffers approved on April 21, 1997 shall
remain in full force and effect.
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the subject
property.
WHEREFORE, the Petitioner requests that the Proffers
heretofore adopted by Roanoke City Council relating to the subject
property be amended to provide that the former Proffer #1 be
deleted and that a new Proffer #1 as set out above be adopted, all
of the above in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
Respectfully submitted this 1st day of April, 1999.
Respectfully submitted,
ARC ROANOKE, INC.
Of Counsel
I'15TERHO U DT, FERGU5ON,
NATT, AHERDN & AGEE
ATTO R N EY5-AT-LAW
ROANOKE, VIRGINIA
2401.q-1699
P O. Box 6220
Roanoke, VA 24017
Z: \WP50\CAROL \ZON I NG\ARC. PET: L af04/O 1/~9
., President
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE AMENDMENT OF PROFFERS REQUEST OF:
Ac Roanoke, Inc.,for property on the west side of Oakland Boulevard,
NW, Tax No. 2250105
)Affidavit
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 29th day of March, 1999, notices of a public hearing to be held on
the 7th day of April, 1999, on the amendment captioned above to the owner or agent of the parcels
listed below at their last known address:
Parcel
2250102
2250104
2250602
2250603
2250604
2250605
2140720
2140719
2140418
2151501
2151502
2151503
2250113
2250107
Owner's Name
City of Roanoke Round Hill School
Trustees Valleyview Wesleyan Church
Randolph M. and Jane S. Mann
William and Alyce Gibbs
Mary F. and Nesbitt Coles
Jackie L. Austin
Earl and Opal Johnston
Donald and Mary Thomas
Charles A. Saunders
Bruce and Peggy Moyer
Robert and Esther Ruff
Logan's Roadhouse, Inc.
Arizona Funding Corp.
Mailing Address
2020 Oakland Boulevard, NW
Roanoke, VA 24012
2302 Oakland Boulevard, NW
Roanoke, VA 24012
3724 Greenland Avenue, NW
Roanoke, VA 24012
3710 Greenland Avenue, NW
Roanoke, VA 24012
3702 Greenland Avenue, NW
Roanoke, VA 24012
P. O. Box 47524
San Antonio, TX 79265
3544 Valley View Ave., NW
Roanoke, VA 24012
3541 Valley View Ave., NW
Roanoke, VA 24012
3660 Greenland Avenue, NW
Roanoke, VA 24012
3652 Greenland Avenue, NW
Roanoke, VA 24012
3646 Greenland Avenue, NW
Roanoke, VA 24012
565 Marriott Dr. Ste. 490
Nashville, TN 37214
19601 N. 17th Avenue
Phoenix, AZ 85027
2250111
2140409
2250112
2250108
2250101
Atlantic Financial Group, Ltd.
William J. and Kathy Parenti
FCD - Shenandoah Limited Partners
Roanoke Venture II, LLC
Dayton Hudson Corp.
1000 Ball Parkway, Suite 304
Arlington, TX 2250111
3544 Courtland Avenue, NW
Roanoke, VA 24012
121 W. Trade Street
1900 International Tower
Charlotte, NC 28202
5784 Lake Forest Dr., Ste. 228
Atlanta, GA 30328
777 Nicollet Mall
Minneapolis, MN 55402
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 29th day of March, 1999.
My Commission expires:~~-~ kf// /~ff/]~
LA~/ OFFICES ~",-,,r'-!,,~.
OSTERHOUDT, FERGUSON, NATT,:~:~'ILiERON ~ ,~G'EE
A PROFESSIONAL CORPORATION
1919 ELECTR. IC ROAD, SUITE I ; L:;;
CHARLES H. OSTERHOUDT P.O. BOX 20068 TELEPHONE
EDWARD a. NATT R. OANOKE, VIR. GINIA
MICHAEL d, AHERON 2/~0 [ 8-000 7 FAX NO,
March 22, 1999
Ms. Mary Parker, City Clerk
CITY OF ROANOKE
456 Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
RE: ARC
Dear Mary:
Enclosed please find the following documents relating to the
ARC rezoning:
1. Copy of Petition to Amend Proffers which has been signed
by the President of ARC as property owner;
2. Amended List of Adjoining Property Owners; and
3. Three copies of the revised site plan.
By copy of this letter, we are providing one large copy of the
site plan to Erie Lander.
The Planning Commission public hearing is set for Wednesday,
April 7th at 1:30 PM. The City Council meeting is scheduled for
Monday, April 19th at 7:00 PM.
With best personal regards, I am
Very truly yours,
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
Edward A. Natt
EAN/csb
Enclosures
pc: HAND-DELIVERED
Evelyn S. Lander, Secretary
Architectural Review Board
CITY OF ROANOKE
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Mr. Richard Dickson
ARC ROANOKE, INC.
P. O. Box 6220
Roanoke, VA 24017
James F. Douthat, Esq.
WOODS, ROGERS & HAZLEGROVE
P. O. Box 14125
Roanoke, VA 24038-4125
FISTERHOUOT, FERGUSnN,
NATT, AHERnN & ASEE
ATTORNEYS-AT-LAW
ROANnKEo VIRGINIA
~-4018-169 ~J
PETITION TO AMEND PROFFERS
OF THE CI~% OF ROANOKE, VIRGINIA
IN
THE
COUNCIL
iN RE:
Request of Arc Roanoke, inc., to amend Proffers
previously adopted relating to the rezoning of
approximately 8.769 acres property of Official Tax No.
2250105 located on the west side of Oakland Blvd.
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, Arc Roanoke, Inc., owns land in the City of
Roanoke containing 12.97 acres, more or less, located west of
Oakland Blvd., a portion of said property containing 8.769 acres
having been rezoned to C-2 with Proffers on April 21, 1997.
Petitioners hereby request that one of the Proffers related to the
rezoning of the 8.769 acres
Commercial District be amended.
attached as Exhibit "1".
of said tract to C-2, General
A map of the subject property is
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that Proffers relating
to the hereinafter described property, identified as a portion of
Official Tax number 2250105, be amended as hereinafter set out,
said property being described on Exhibit "2"
The Petitioner believes the amendment of Proffers relating to
said tract of land will further the intent and purposes of the
City's Zoning Ordinance and its comprehensive plan, in that it
will provide an appropriate location for an appropriate commercial
use.
The petitioner is requesting that Proffer #1 approved and
adopted as part of said rezoning be amended to read as follows:
1. That the proposed development will
rlSTERHnU DT, FERBUSnN,
NATT, AHERDN ,~ AGEE
ATTD R N EYS-AT- LAW
RDANnK£, VIRI]INIA
24018-1699
be built in substantial conformity with the
DS Atlantic Site Plan for the Consolidated
Theater, Real Estate Innovations, a copy of
which is attached hereto and made a part
hereof as Exhibit "3".
Attached as Exhibit "4" are the names, addresses and tax
numbers of the owner or owners of all lots or property immediately
adjacent to immediately across a street or road from the subject
property.
W~EREFORE, the Petitioner requests that the Proffers
heretofore adopted by Roanoke City Council relating to the subject
property be amended to provide that the former Proffer #1 be
deleted and that a new Proffer #1 as set out above be adopted, all
of the above in accordance with the provisions of the Zoning
Ordinance of the City of Roanoke.
Respectfully submitted this llth day of March, 1999.
Respectfully submitted,
ARC ROANOKE, INC.
Of Counsel
P.O. Box 6220
Roanoke, VA 24017
Z: \WP50\CAROL \ZON I NG\ARC. PET: I. af03/12/99
EXIIII~IT '1'
II
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$1
II
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EXHIBIT
LEGAL DESCRIPTION
FOR
8.769 ACRES OF LAND BEING R. EZONED
FROM RS-3 TO C-2 SITUATED IN THE
NORTHWEST SECTION OF THE CITY OF
ROANOKE AND MORE PAKTIC~¥
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NOR%/-!WESTERLY LIN-E OF OAS<LAND
BOULEVARD, N.W. (60' RIGHT-OF-WAY), 974.84' AS MEASUP, ED ALONG THE
NORTh'WESTERLY LiNE OF OAKLJkND BOULm-~;ARD, SOUTI-UNESTERLY FROM ITS
POINT OF INTERSECTION WITH THE SOUTHWESTERLY LiNE OF GREENLAND
AVENUE; THENCE LEAVING SAID POINT AND WITH THE LI~Xrg OF PROPERTY OF
THE CITY OF ROANOKE AS RECORDED IN DEED BOOK 1066, PAGE 375, N
48°17'32"W 323.72 FEET TO A POINT ON THE LIN-E OF SAID CITY OF
ROANOKE PROPERTY-, THE ACTUAJ~ POINT OF BEGl'N19~NG; THENCE WITH THE
LiNE OF SAID CITY OF ROANOKE PROPERTY N48°17'32"W 612.67 FEET TO A
POINT ON THE LINE OF PROPERTY OF DAVID W. AND R3%ENA GORDON
SHOWALTER AS RECORDED IN DEED BOOK 1625, PAGE 1355; THENCE WITH THE
LINE OF SAID SHOWALTER PROPERTY N42o07'28"E 713.59 FEET TO A POINT
ON THE LiN'E OF BLOCK K, MA? NO. 3 ROUND HILL TER_R.~CE AS RECORDED IN
MA? BOOK 1, PAGE 93; THENCE WiTH THE LINE OF SAID MAP NO. 3 ROUND
HiLL TERRACE 'AND BLOCK F, .MAP NO. 2 ROUND HILL TERRACE AS RECORDED
IN MAP BOOK 1, PAGE 58, S 50°51'00"E 358.35 FEET TO A POINT ON THE
LiNE OF SAiD MAP NO. 2 RObeD HiLL TER_R.~CE; THENCE WITH A LINE
THROUGH PROPERTY OF ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
INC. AS RECORDED IN DEED BOOK 1349, PAGE 122, S39o09,00"W !75.00
FEET TO A POINT~ THENCE CONTINI/iNG THROUGH SAID ROA~N'OKE ~EA
ASSOCIATION FOR RET~:LDED CITIZENS, iNC. PROPERTY S15~24'00''E 204.69
FEET TO THE MOST WESTERLY CORNER OF PROPERTY- OF TRUSTEES OF V.ZtLLEY
VIEW WESLEYA~N CI-K/RCH AS RECORDED IN DEED BOOK 1329, PAGE 358;
THENCE WiTH THE LINE OF SAID TRUSTEES OF VALLEY VIEW WESLEYAN
CHI/RCH PROPERTY; S48°16'00"E 70.00 FEET TO A POINT ON THE LINE OF
SAiD TRUSTEES OF VALLEY VIEW WESLEYAN CHURCH PROPERTY; THENCE WITH
A LINE THROUGH SAiD ROANOKE AREA ASSOCIATION FOR RETARDED CITIZENS,
iNC. PROPERTY S4!~44'00"W'4~3.54 TO THE ACTUAL POINT OF BEGINNING,
CONTAINING 8.769 ACRES.
Exhibit "3"
R5TERHGUDT, FERGUSI]N,
NATT, AHERDN & AGEE
ATTO R N E YS-AT- LAW
ROANOKE, VIRGINIA
24018'1699
Name
EXHIBIT "4"
AMENDED LIST OF PROPERTY OWNERS
Address
Tax Numbers
Roanoke Area Association for
Retarded Citizens
P.O. Box 6157
Roanoke, VA 24017
Jean B. Showalter, et al.
1272 Rockland Ave., NW
Roanoke, VA 24012
City of Roanoke Round Hill
School
2020 Oakland Blvd., NW
Roanoke, VA 24012
TRS Valle!rview Wesleyan
Church
2302 Oakland Blvd, NW
Roanoke, VA 24012
Randolph M. and Jane S. Mann 3724 Greenland Ave., NW
Roanoke, VA 24012
Rose M. Meadors
2411 Vancouver Dr., NW
Roanoke, VA 24012
William H. and Alyce A. Gibbs 3710 Greenland Ave., NW
Roanoke, VA 24012
Mary F. Cole and
Earl Nesbitt
3702 Greenland Ave., NW
Roanoke, VA 24012
2250105
2250101
2250102
2250104
2250602
2260603
2250603
2250604
2250605
P. O. Box 1198
Centennial Park, AZ
86021
Jackie L. Austin
Earl L. and Opal T. Johnston
Donald F. and Mary B. Thomas
Donnie L. Williams
Charles A. Saunders
P.O. Box 47524
San Antonio, TX
78265 2140720
3544 Valley View Ave., NW
Roanoke, VA 24012 2140719
3541 VAlley View Blvd., NW
Roanoke, VA 24012 2140418
102 Copperfield Road
Wirtz, VA 24184
3660 Greenland Ave., NW
Roanoke, VA 24012
2170409
2141501
Bruce Edwin Moyer and Peggy
Ann Moyer
Esther Marrs Ruff
Logan's Roadhouse, Inc.
Arizona Funding Corporation
Atlantic Financial Group,
Ltd.
William j. and Kathy B.
Parenti
3652 Greenland Ave., NW
Roanoke, VA 24012
3646 Greenland Avenue NW
Roanoke, VA 24012
Valley View Blvd., NW
Roanoke, VA 24012
19601 N. 17th Avenue
Phoenix, AZ 85027
1000 Ball Parkway
Suite 304
Arlington, TX 76001
3544 Courtland Ave., NW
Roanoke, VA 24012
2151502
2151503
2250113
2250107
2250111
2140409
DSTERHOUDT, FERGUSON,
NATT, AHERDN & AGEE
ATTD R N EYS-AT- LAW
ROANOKE, VIRGINIA
24018-~699
..,,,,,
NOTICE OF PUBLIC HEARING BEFORE THE ROloKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN: '99 !': -'~ ~ ;, , ....
The Roanoke City Planning Commission will hold a public hearing on Wednesday,
April 7, 1999, 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 Arc Roanoke, Inc., represented by Edward A. Natt, attorney, that conditions
on property located on the west side of Oakland Boulevard, N.W., identified by Official Tax
No. 2250105, and approved by Ordinance No. 33361-050597 rezoning subject property, be
amended.
A copy of said application is available for review in the Department of Planning and
Community Development, Room 166, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, March 23, 1999 and March 30, 1999
Please bill:
Edward A. Natt
P. O. Box 20068
Roanoke, VA 24018-0007
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 240~ 1-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy' City Clerk
March 12, 1999
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 from Edward A. Natt, Attorney, representing ARC
Roanoke, Inc., requesting amendment of the proffered conditions for rezoning of
approximately 8.769 acres of land, located on the west side of Oakland Blvd., N. W.,
Official Tax No. 2250105, which rezoning was previously approved by the Council of the
City of Roanoke, pursuant to Ordinance No. 33361 adopted on May 5, 1997.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
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
Richard Dickson, President, ARC Roanoke, Inc., P. O. Box 6220, Roanoke, Virginia
24017
Evelyn S. Lander, Chief, Planning and Community Development
Martha P. Franklin, Secretary, City Planning Commission
Evelyn D. Dorsey, Zoning Administrator
Ronald L. Smith, Acting Building Commissioner
Steven J. Talevi, Assistant City Attorney
CHARLES H, OSTERHOUDT
MICHAEL S. FERGUSON
EDWARD A. NATT
MICHAEL J. AHERON
g. STEVEN AGEE
MARK D. KIDD
KRISTEN KONRAD JOHNSTONE
LAW OFFICES
OSTERHOUDT, FERGUSON, NATT, ~'~F~RON 8 ~ACE~E
^ PR. OFE551ONAL CORPORATION
1919 ELECTRIC ROAD. SUITE I
P. O. BOX 200g8
ROANOKE. VIRGINIA
24018-0007
March 11, 1999
TELEPHONE
540'? 74-1197
FAX NO.
540'774-0961
Ms. Mary F. Parker, City Clerk
CITY OF ROANOKE
456 Municipal Building
215 W. Church Avenue
Roanoke, VA 24011
HAND-DELIVERED
RE: ARC Roanoke, Inc.
Dear Ms. Parker:
Enclosed please find original and one copy of a Petition to
Amend the Proffers on the ARC rezoning which was approved by
Roanoke City Council in 1997. I will send an updated list of
adjoining property owners later as I won't have time today to
verify that they have not changed. I would appreciate your seeing
that this matter is referred to the Planning Commission for its
review and consideration at its April 7th meeting.
I have talked with Erie Lander in the Roanoke City Planning
Department and we would like to pre-advertise this matter for
public hearing before Roanoke City Council at its April 19th public
hearing session.
Enclosed please find our firm's check in the amount of $50.00
to pay for the application fee for this Petition to Amend Proffers.
Very truly yours,
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
Edward A. Natt
EAN/csb
Enclosures
pc:
James F. Douthat, Esq.
WOODS, ROGERS & HAZLEGROVE
P. O. Box 14125
Roanoke, VA 24038-4125
pc.'
Mr. Richard Dickson
ARC ROANOKE, INC.
P~ O. Box 6220
Roanoke, VA 24017
Evelyn S. Lander, Secretary
Architectural Review Board
CITY OF ROANOKE
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
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
May 5, 1999
File #514
Ronald M. Martin, AIA
Martin & Associates Architects
P. O. Box 20038
Roanoke, Virginia 24018
Dear Mr. Martin:
I am enclosing copy of Ordinance No. 34254-050399 permanently vacating, discontinuing
and closing a portion of Edmund Avenue, N. E., a portion of Light Street, and an
undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to
Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to
the intersection of Light Street. The abovereferenced measure was adopted by the
Council of the City of Roanoke on first reading on Monday, April 19, 1999, also adopted
by the Council on second reading on Monday, May 3, 1999, and will be in full force and
effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
Ronald M. Martin
May 5, 1999
Page 2
pc~
Donald L. Thorne, Executive Director, Roanoke Valley SPCA, 1313 Eastern
Avenue, N. E., Roanoke, Virginia 24012
Ms. Sandra L. Overstreet, 4136 Mudlick Road, S. W., Roanoke, Virginia 24018
Mr. and Mrs. Dale Wallvort, 1321 Eastern Avenue, N. E., Roanoke, Virginia 24012
Barbara N. Duerk, Chair, City Planning Commission, 2607 Rosalind Avenue, S. W.
Roanoke Virginia 24014
James D. Ritchie, Sr., Acting City Manager
William X Parsons, Acting City Attorney
Steven J. Talevi, Assistant City Attorney
Willard N. Claytor, Director, Real Estate Valuation
Kit B. Kiser, Director, Utilities and Operations
William F. Clark, Director, Public Works
Charles M. Huffine, City Engineer
Ronald L. Smith, Acting Building Commissioner
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
H:~.GENDA99~IAY3. I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1999.
No. 34254-050399.
AN ORDINANCE permanently vacating, discontinuing and closing certain public
right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter.
WHEREAS, Roanoke Valley SPCA 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, an Amended Petition was filed March 22, 1999, as a follow-up to the
Planning Commission hearing; and
WHEREAS, a public hearing was held on said application by the City Council on
April 19, 1999, 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:
From a point located at the intersection of 13th Street and Edmund Avenue (an
undeveloped street) and proceeding in a northeastern manner for
approximately seven hundred thirty feet (730') to the intersection of Edmund
Avenue and Light Street (another undeveloped street), then proceeding in a
southeastern manner for approximately three hundred feet (300') to the
intersection of Light Street and the existing Baldwin Avenue; and from a point
located at the intersection of Baldwin Avenue and said alley, which runs
parallel to Edmund Avenue, and proceeding in a northeastern manner for
approximately six hundred thirty feet (630') to the intersection of Light Street
(an undeveloped street).
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 fight-of-way,
reserving however, to the City of Roanoke and any utility company, including, specifically,
without limitation, providers to or for the public of cable television, electricity, natural gas
or telephone service, an easement for sewer and water mains, television cable, electric wires,
gas lines, telephone lines, and related facilities that may now be located in or across said
public fight-of-way, together with the fight of ingress and egress for the maintenance or
replacement of such lines, mains or utilities, such right to include the right to remove,
without the payment of compensation or damages of any kind to the owner, any landscaping,
fences, shrubbery, structure or any other encroachments on or over the easement which
impede access for maintenance or replacement purposes at the time such work is undertaken;
such easement or easements to terminate upon the later abandonment of use or permanent
removal from the above-described public right-of-way of any such municipal installation or
other utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision
Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for
the City of Roanoke, a subdivision plat, with said plat combining all properties which would
otherwise be landlocked by the requested closure, or otherwise disposing of the land within
the right-of-way to be vacated in a manner consistent with law, 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,
and dedicating a twenty (20) foot wide pedestrian and bicycle trail easement along the
southerly edge of Edmund Avenue and the westerly edge of Light Street.
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 for 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,
3
Virginia, as Grantor, and in the name of the applicant, and the name of any other party in
interest who may so request, as Grantee, and pay such fees and charges as are required by
the Clerk to effect such recordation.
BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this
ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia,
where deeds are recorded in said Clerk's Office, file with the City Engineer for the City of
Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred.
BE IT FURTHER ORDAINED that the City Engineer shall, upon receiving the afore-
mentioned Clerk's receipt, mark "permanently vacated" on said public right-of-way on all
maps and plats on file in his office on which said right-of-way is shown, referring to the
book and page ordinances and resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that if the above conditions have not been met within
a period of six (6) 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\OC-SPCA2 4
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 I- 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
March 29, 1999
File #514
SANDRA H. EAKIN
Deputy City Clerk
Ronald M. Martin, AIA
Martin & Associates Architects
P. O. Box 20038
Roanoke, Virginia 24018
Dear Mr. Martin:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on
Monday, April 6, 1981, I have advertised a public hearing for Monday, April 19, 1999, 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 Valley SPCA that
a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at
the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a
northeasterly direction for approximately 630 feet to the intersection of Light Street, be permanently
vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing and a report of the City
Planning Commission with regard to the matter. Copy of the Ordinance will be provided 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 April 19 public
hearing. Failure to appear could result in a deferral of the matter until a later date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
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 29, 1999
File #514
SANDRA H. EAKIN
Deputy City Clerk
Don Thome, Executive Director
Roanoke Valley SPCA
1313 Eastern Avenue, N. E.
Roanoke, Virginia 24012
Mr. and Mrs. Dale Wallvort
1321 Eastern Avenue, N. E.
Roanoke, Virginia 24012
Ms. Sandra L. Overstreet
4136 Mudlick Road, S. W.
Roanoke, Virginia 24018
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 heating for Monday, April 19, 1999, 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 Valley SPCA that
a portion of Edmund Avenue, N. E., a portion of Light Street, and an undeveloped alley located at
the intersection of Baldwin Avenue which runs parallel to Edmund Avenue and proceeding in a
northeasterly direction for approximately 630 feet to the intersection of Light Street, be permanently
vacated, discontinued and closed.
The City Planning Commission has recommended approval of the request. If you would like to
receive a copy of the City Planning Commission's report, please call the City Clerk's Office at 853-
2541.
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/AAE
City Clerk
MFP:Io
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
April 19, 1999
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request of the Roanoke Valley SPCA, represented by Ronald M. Martin,
AIA, that certain streets and alleys in the Edmund Avenue, 13th Street, Light
Street and Baldwin Avenue N.E., area of the City be permanently vacated,
discontinued and closed.
I. Background:
Application to close and permanently vacate the above described streets and alleys
was initially reviewed by the Planning Commission at its regular meeting of
September 3, 1997. Commission referred its recommendation for approval to City
Council on October 22, 1997.
Ordinance No.33634- 110397, was adopted by City Council on October 22, 1997,
to provide for the closing and permanent vacation of certain streets and alleys in the
Edmtmd Avenue, 13th Street, Light Street and Baldwin Avenue N.E., area of the City.
Ordinance was adopted subject to the condition that the applicant was to submit a
subdivision plat to the City, receive the City's approval thereof, and record said
subdivision plat in the Office of the Clerk of Circuit Court, within a period of six (6)
months from the effective date of the ordinance.
Condition as set by the ordinance provided that if the required subdivision plat was
not submitted and recorded within the specified six month period, then the ordinance
would become null and void with no further action by City Council being necessary.
Applicant failed to comply with the conditions of the ordinance. Required
subdivision plat was not submitted within the time period specified in the ordinance.
The six month deadline expired on May 13, 1998. Applicant subsequently requested
that the expired deadline be extended to provide more time, but City staff was
advised that only City Council has the authority to extend or amend the ordinance.
Roanoke City Planning Commission Architectural Review Board Board of Zoning Appeals
Members of Council
Page 2
Fo
Applicant was advised that he would have to re-apply to the City in order to effect
and finalize the official closure and permanent vacation of the subject streets and
alleys.
II. Current Situation ·
Applicant re-submitted an application on February 4, 1999, to close and permanently
vacate the following streets and alleys:
An undeveloped portion of Edmund Avenue N.E., from its intersection with
13th Street N.E., proceeding in an easterly direction for approximately 730
feet to an intersection with an undeveloped portion of Light Street N.E.;
An undeveloped portion of Light Street N.E., from its intersection with an
undeveloped portion of Edmund Avenue N.E., thence proceeding in a
southeasterly direction for approximately 300 feet to Baldwin Avenue N.W.;
o
An undeveloped alleyway extending from an intersection with Baldwin
Avenue N.E., in a northeasterly direction for approximately 630 feet to an
intersection with Light Street N.E.
Bo
Planning Commission reviewed the application at its public heating held on March
3, 1999. Discussion included the issue concerning the need for certain easements to
be granted to the City for pedestrian and bicycle trails (greenways) through certain
areas of the property.
Co
Application includes a proposal to grant a twenty foot wide easement to the City of
Roanoke for the future development of pedestrian access and/or "greenways", along
the current northern edge of Edmund Avenue and the easterly edge of Light Street.
Applicant does not own all of the properties abutting the northerly edge of
Edmund Avenue nor the easterly edge of Light Street, N.E.
°
Planning staff requested that the applicant amend the current application to
change the location of the subject easements to the southerly edge of Edmund
Avenue and the westerly edge of Light Street, N.E Applicant agreed at the
Planning Commission's regular meeting of March 3, 1999, to amend the
current application as requested.
D. Amended application was submitted on March 15, 1999.
III. Issues:
A. Neighborhood impact.
Members of Council
Page 3
B. Traffic impact.
C. Utilities within the public right-of-way.
D. Creation of a dead-end street or alley.
E. Land use.
F. Relationship to the comprehensive plan.
IV. Alternatives:
Approve the applicant's request to close and permanently vacate the public street
portions and alley as described in the submitted application and as shown on Map A,
as attached to this report, subject to certain conditions as outlined in part V. of this
report.
1. Neighborhood impact:
ao
Only 2 houses are located in the general proximity of the lands
proposed for the expansion of the SPCA facilities.
b°
Expansion of the facility at this location should have minimal impact
on the surrounding neighborhood.
°
Traffic impact. Public rights-of-way requested for closure have never been
developed. Closure will have no impact on traffic or traffic needs in the area.
3. Utilities within the public rights-of-way.
a. City has no utilities in the subject rights-of-way.
bo
American Electric Power has facilities within the public rights-of-
way.
4. Creation of a dead-end street or alley would not be an issue.
o
Land use. Applicant should be required to submit to the City for approval
and record with the Clerk of Circuit Court, a subdivision plat combining
thereon any and all lots or parcels of land that would otherwise be landlocked
as a result of the requested closure.
6. Relationship to the comprehensive plan. Request is consistent with the intent
Members of Council
Page 4
of the comprehensive plan that available land should be utilized in the most
appropriate manner.
Bo
Deny the applicant's request to close and permanently vacate the described portions
of streets and alleys.
1. Neighborhood impact would not be an issue.
2. Traffic impact would not be an issue.
3. Utilities within the public right-of-way would not be an issue.
4. Creation of a dead-end street or alley would not be an issue.
5. Land use would not be an issue.
o
Relationship to the comprehensive plan. Land within the subject fights-of-
way will remain in its same idle and non-productive status.
V. Recommendation:
Planning Commission, by a vote of 5-0 (Messrs. Butler and Dowe absent) recommends that
City Council approve the applicant's request to close and permanently vacate a portion of
Edmund Avenue, Light Street and a certain public alley as described in the applicant's
amended application, subject to the following conditions:
mo
The applicant shall submit to the City for its review and approval, receive approval
of and record in the Office of the Clerk of Circuit Court, a subdivision plat, with said
plat providing thereon for the following:
The disposition of the land within the right-of-way to be vacated, in a manner
consistent with the requirements of Chapter 31, Subdivisions,of the Code of
the City of Roanoke (1979) as amended.
The retention of appropriate easements, together with the right of public
passage over the same, for subsurface installation and maintenance of any
and all existing utilities that may be located within the fights-of-way.
The dedication of twenty (20) foot wide pedestrian and bicycle trail
easements along the southerly edge of Edmund Avenue and the westerly edge
of Light Street, N.E., or at locations that are mutually agreed upon by the
City and the property owners during or immediately after building
construction is completed on the property.
Members of Council
Page 5
If the subdivision is not approved by the City, and recorded by the applicant within
a period of six (6) months from the date of the ordinance providing for the closure
of the subject rights-of-way, then said ordinance shall be null and void with no
further action by City Council being necessary.
Respectfully submitted
Barbara N. Duerk, Chairman
Roanoke City Planning Commission
ERT
attachment
cc: Assistant City Attorney
Petitioner's Agent
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AMENDED APPLICATION
MARCH 15, 1999
IN RE:
APPLICATION of the
Roanoke Valley SPCA
for vacation of a portion of Edmund
Avenue, a portion of Light Street, and
one undeveloped alley
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING OF TWO
STREETS & ONE ALLEY
MEMBERS OF COUNCIL:
The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, a
portion of Light Street, and one continuous alley, located in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364
and Section 30-14, Code of the City of Roanoke (1979), as amended. These streets and alley
are more particularly described on the map attached and as follows:
A. CLOSURE OF STREETS: From a point located at the intersection of 13th Street
and Edmund Avenue (an undeveloped street) and proceeding in a northeastern
manner for approximately seven hundred thirty feet (730') to the intersection
of Edmund Avenue and Light Street (another undeveloped street), then
proceeding in a southeastern manner for approximately three hundred feet
(300') to the intersection of Light Street and the existing Baldwin Avenue.
B. CLOSURE OF ALLEY: From a point located at the intersection of Baldwin
Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding
in a northeastern manner for approximately six hundred thirty feet (630') to the
intersection of Light Street (an undeveloped street). Said alley is noted on the
City of Roanoke Tax map as having a ten foot (10') wide right-of-way.
The Roanoke Valley SPCA states that the grounds for this application are as follows:
1. The Roanoke Valley SPCA currently owns property abutting the northern side
of Edmund Avenue' for a distance of approximately three hundred fifty feet
(350') and operates an animal shelter on said proper~y.
2. The Roanoke Valley SPCA has recently purchased the approximate three (3)
acres of property, abutting the southern side of Edmund Avenue, for a distance
of approximately seven hundred'thirty feet (730'). The intent of this purchase
is to expand existing operations at the current location. In doing so, the
vacation and abandonment of the undeveloped Edmund Avenue is desirable to
provide a contiguous parcel of property for the Roanoke Valley SPCA use.
o
The Roanoke Valley SPCA is also desirous of vacating and closing the
undeveloped and remaining portion of Light Street, located on the northeastern
and eastern side of the property recently purchased. The abutting portion of
Light Street, located in a northerly manner, has previously been permanently
vacated and closed by Ordinance #29025, dated March 28, 1988.
One existing ten foot (10') wide alley traverses the property recently purchased
by the Roanoke Valley SPCA. The abandonment of this existing alley is
necessary to provide a contiguous parcel, of sufficient size, to construct a new
facility thereon.
Upon permanent closure of the undeveloped portions of Edmund Avenue and
Light Street, as described herein, the Roanoke Valley SPCA hereby proposes to
grant a twenty-foot wide easement, to the City of Roanoke, for the future
development of pedestrian and bicycle access and/or "greenways", along the
current right-of-way in both Edmund Avenue and Light Street. The exact
location of the twenty-foot wide easement shall be along the current southerly
edge of Edmund Avenue and the westerly edge of Light Street. If mutually
agreed upon by the property owner and the City of Roanoke, the location of this
easement may be altered during the design and development of this property.
Prior to the submission of the comprehensive site plan, to the City of Roanoke,
the proposed easement will be coordinated with the City of Roanoke Planning
staff, to provide a mutually beneficial location for future pedestrian and bicycle
access along the existing right-of-ways.
Property owners which directly abut the requested street and alley closings
include the following:
(a)
Roanoke Valley SPCA (Petitioner)
1313 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210314 thru 3210322
(b)
Dale & Mary Jo Wallvort
1321 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210307 thru 3210313
#3210323 thru 3210329
(c)
Roanoke Valley SPCA (Petitioner)
1 313 .Eastern Avenue
Roanoke, Virginia 24012
Tax Map//3210401 thru 3210418
//3210419 thru 3210433
(d)
Sandra L. Overstreet
4136 Mudlick Road
Roanoke, Virginia 24018
Tax Map #3210701 thru 3210708
#3210712 thru 3210722
#3210616 thru 3210620
WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described
street and 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,
~Vl~ailnd ~11~ sU:ortc;:; e~s I, AA r c hit e ct,
Acting as Agent for
ROANOKE VALLEY SPCA
February 1, 1999
Attachment 'A' - February 1, 1999
Attachment 'B' - February 1, 1999
VACATE99.APP.AMENDED.wpd
q '¢'c.~'
££
4,0 .-'
MAP
A
The Roanoke Times
Ad Number: 1112476
'Publisher's Fee: $196.90
RONALD M. MARTIN, A/A
MARTIN & ASSOC., ARCHITE
P. O. BOX 20038
ROANOKE, VA 24018
STATE of VIRGINIA
CITY of ROANOKE
AFFIDAVIT of PUBLICATION
I, (the undersigned) an authorized
representative of the Times-World Cor-
poration, which corporation is publisher
of The Roanoke Times, a daily newspaper
published in Roanoke, in the State of
Virginia, do certify that the annexed
notice was published in said newspapers
on the following dates:
04/01/99 FULL RUN
04/08/99 FULL RUN
04/~°~ - TULL .....
- Thursday
Th~d~
- Thursday
- Tl'l~sday
Witness, this 12th day of April 1999
Authorized Signature
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing on Monday, April 19,
1999, 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 rights-of-way:
From a point located at the intersection of 13th Street and Edmund Avenue (an
undeveloped street) and proceeding in a northeastern manner for
approximately seven hundred thirty feet (730') to the intersection of Edmund
Avenue and Light Street (another undeveloped street), then proceeding in a
southeastern manner for approximately three hundred feet (300') to the
intersection of Light Street and the existing Baldwin Avenue; and from a point
located at the intersection of Baldwin Avenue and said alley, which runs
parallel to Edmund Avenue, and proceeding in a northeastern manner for
approximately six hundred thirty feet (630') to the intersection of Light Street
(an undeveloped street).
A copy of this proposal is available for public inspection in the Office of the City
Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date
and be heard on the question.
GIVEN under my hand this 1st day of April , 1999.
Mary F. Parker, City Clerk.
H:XNOTICEXNA-SPCA.2
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 23, 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 Amended Application from Ronald M. Martin, Agent, representing the Roanoke Valley
SPCA, requesting that a portion of Edmund Avenue, N. E., a portion of Light Street, and
an undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to
Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to
the intersection of Light Street, 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
Ronald M. Martin, AIA, Martin & Associates Architects, P. O. Box 20038, Roanoke,
Virginia 24018
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
J. Thomas Tasselli, Development Review Coordinator
Edward R. Tucker, City Planner
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
AMENDED APPLICATION
MARCH 15, 1999
IN RE:
APPLICATION of the
Roanoke Valley SPCA
for vacation of a portion of Edmund
Avenue, a portion of Light Street, and
one undeveloped alley
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING OF TWO
STREETS & ONE ALLEY
MEMBERS OF COUNCIL:
The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, a
portion of Light Street, and one continuous alley, located in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364
and Section 30-14, Code of the City of Roanoke (1979), as amended. These streets and alley
are more particularly described on the map attached and as follows:
CLOSURE OF STREETS: From a point located at the intersection of 13th Street
and Edmund Avenue (an undeveloped street) and proceeding in a northeastern
manner for approximately seven hundred thirty feet (730') to the intersection
of Edmund Avenue and Light Street (another undeveloped street), then
proceeding in a southeastern manner for approximately three hundred feet
(300') to the intersection of Light Street and the existing Baldwin Avenue.
Bo
CLOSURE OF ALLEY: From a point located at the intersection of Baldwin
Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding
in a northeastern manner for approximately six hundred thirty feet (630') to the
intersection of Light Street (an undeveloped street). Said alley is noted on the
City of Roanoke Tax map as having a ten foot (10') wide right-of-way.
The Roanoke Valley SPCA states that the grounds for this application are as follows:
The Roanoke Valley SPCA currently owns property abutting the northern side
of Edmund Avenue for a distance of approximately three hundred fifty feet
(350') and operates an animal shelter on said property.
The Roanoke Valley SPCA has recently purchased the approximate three (3)
acres of property, abutting the southern side of Edmund Avenue, for a distance
of approximately seven hundred thirty feet (730'). The intent of this purchase
is to expand existing operations at the current location. In doing so, the
vacation and abandonment of the undeveloped Edmund Avenue is desirable to
provide a contiguous parcel of property for the Roanoke Valley SPCA use.
The Roanoke Valley SPCA is also desirous of vacating and closing the
undeveloped and remaining portion of Light Street, located on the northeastern
and eastern side of the property recently purchased. The abutting portion of
Light Street, located in a northerly manner, has previously been permanently
vacated and closed by Ordinance #29025, dated March 28, 1988.
One existing ten foot (10') wide alley traverses the property recently purchased
by the Roanoke Valley SPCA. The abandonment of this existing alley is
necessary to provide a contiguous parcel, of sufficient size, to construct a new
facility thereon.
Upon permanent closure of the undeveloped portions of Edmund Avenue and
Light Street, as described herein, the Roanoke Valley SPCA hereby proposes to
grant a twenty-foot wide easement, to the City of Roanoke, for the future
development of pedestrian and bicycle access and/or "greenways", along the
current right-of-way in both Edmund Avenue and Light Street. The exact
location of the twenty-foot wide easement shall be along the current southerly
edge of Edmund Avenue and the westerly edge of Light Street. If mutually
agreed upon by the property owner and the City of Roanoke, the location of this
easement may be altered during the design and development of this property.
Prior to the submission of the comprehensive site plan, to the City of Roanoke,
the proposed easement will be coordinated with the City of Roanoke Planning
staff, to provide a mutually beneficial location for future pedestrian and bicycle
access along the existing right-of-ways.
Property owners which directly abut the requested street and alley closings
include the following:
(a)
Roanoke Valley SPCA (Petitioner)
1313 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210314 thru 3210322
(b)
Dale & Mary Jo Wallvort
1321 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210307 thru 3210313
#3210323 thru 3210329
(c)
Roanoke Valley SPCA (Petitioner)
1313 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210401 thru 3210418
#3210419 thru 3210433
(d)
Sandra L. Overstreet
4136 Mudlick Road
Roanoke, Virginia 24018
Tax Map #3210701 thru 3210708
#3210712 thru 3210722
#3210616 thru 3210620
WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described
street and 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,
Acting as Agent for
ROANOKE VALLEY SPCA
February 1, 1999
Attachment 'A' - February 1, 1999
Attachment 'B' - February 1, 1999
VACATE99.APP.AMENDED.wpd
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011 - 1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
March 23, 1999
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 First Amended Petition from R. Craig Balzer, Agent, representing
James L. Brookes, requesting that a tract of land located at the northeast corner of Keagy
Road and Crestmoor Drive, S. W. intersection, identified as Official Tax No. 5140201, be
rezoned from RS-l, Residential Single-Family District, to C-1, Office District, subject to
certain conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
James L. Brookes, 2257 Maderville Canyon Road, Los Angeles, California 90049
R. Craig Balzer, AIA, Executive Vice President, Balzer and Associates, Inc., 1208
Corporate Circle, S. W., Roanoke, Virginia 24018
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
Steven J. Talevi, Assistant City Attorney
PETITION TO REZONE
IN THE COUNCIL OF THE CITY OF ROANOKE, VIR~IA 7 '~, ~::~ ~ :'~
IN RE: 1st Amended Petition
Rezoning of a tract of land lying on the northeast comer of Keagy Road and
Crestmoor Drive intersection corresponding to Tax Map//5140201, from RS-1 to
C-l, such rezoning to be subject to certain conditions. (No address is available
due to the property being vacant.)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
The Petitioner, James L. Brookes, owns land in the City of Roanoke containing 2.24
acres, more or less, located on Crestmoor Drive corresponding to Tax Map #5140201. Said tract
is currently zoned RS-1. A map of the property to be rezoned is attached as Exhibit C.
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 District to C-1 District, subject to
certain conditions set forth below, for general and professional office and medical office or clinic
uses.
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 plm~, in that it will provide for
residential style office building and duplex design sympathetic to the adjacent residential
neighborhood while providing for attractive streetscape along Keagy Road.
The Petitioner hereby proffers and 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.
That the property will be developed in substantial conformity with the plan
prepared by Balzer and Associates, Inc., dated March 23, 1999, a copy of which is
attached to the Petition for Rezoning as Exhibit A, subject to any changes
required by the City during site plan review.
2. Future use of property will be limited to general and professional offices (18),
medical clinics (19), medical offices (20), as defined in Section 36.1 - 185 of the
City zoning ordinance.
3. All access to and from the property will be limited to Keagy Road.
Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners
of all lots or property immediately adjacent to immediately across a street or road from the
property to be rezone&
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 1 lt~ day of March, 1999.
Respectfully submitted,
By: . - - ~
R. Craig Balze~AIA, Execu~ve Vice President
Balzer and Associates, Inc.
1208 Corporate Circle
Roanoke, VA 24018
(Tel) (540) 772-9580
(Fax) (540) 772-8050
(Signature of Owner)
Agent for Seller, James L. Brooks
EXHIRIT B
LISTING OF ADJOINING PROPERTY OWNERS
Official Tax No.
5140202
5140207
5140112
5140117
5170230
Name
Mary Jane Maxwell
Hunter H. Burrow
American Electric Power
Hugh A. Meagher
Sandra S. Puckett
Marline Address
4219 Belle Air Circle
Roanoke, VA 24018
4323 Belle Air Circle
Roanoke, VA 24018
40 Franklin Road, S.W.
Roanoke, VA 24011
1201 Crestmoor Drive, S.W.
Roanoke, VA 24018
1318 Crestmoor Drive, S.W.
Roanoke, VA 24018
l
I
I
I
I
/
zONING MAP
$~£,'7- /~o. 514
OFFIC~c OF 7-H~' CITY' ?/0.,".
March 23, 1999
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 First Amended Petition from R. Craig Balzer, Agent, representing
James L. Brookes, requesting that a tract of land located at the northeast corner of Keagy
Road and Crestmoor Drive, S. W. intersection, identified as Official Tax No. 5140201, be
rezoned from RS-l, Residential Single-Family District, to C-1, Office District, subject to
certain conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
Enclosure
pc:
The Honorable Mayor and Members of the Roanoke City Council
James L. Brookes, 2257 Maderville Canyon Road, Los Angeles, California 90049
R. Craig Balzer, AIA, Executive Vice President, Balzer and Associates, Inc., 1208
Corporate Circle, S. W., Roanoke, Virginia 24018
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
Steven J. Talevi, Assistant City Attorney
H:\REZONING.98\BROOKES.WPD
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA .
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST' OF:
Roanoke Valley Society for the Prevention of Cruelty to Animal~97 ) ' : :~ '~' ~:~"
Pt. Edmund Avenue, N.E., Light Street, N.E, and alleyway )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she
has sent by first-class mail on the 22nd day of February, 1999, notices of a public heating to be held
on the 3rd day of March, 1999, 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
3210701-
3210708
3210712-
3210722
3210616-
3210620
Sandra L. Overstreet
Mailing Address
5136 Mudlick Road, S W
Roanoke, VA 24018
3210323-
3210329
Circle W Inc.
1321 Eastern Avenue, NE
Roanoke, VA 24012
3210314-
3210322
3210401-
3210433
Petitioner
- Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia,
this 22nd day of February, 1999.
NOTICE OF PUBLIC HEARINGi3'EFoRE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN: '99
The Roanoke City Planning Commission will hold a public heating on Wednesday,
March 3, 1999, 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 Roanoke Valley SPCA, represented by Ronald M. Martin, AIA, that the
following streets and alley be permanently vacated, discontinued and closed: (1) an
undeveloped portion of Edmund Avenue, from its intersection with 13th Street, N.E.,
proceeding in an easterly direction to its intersection with an undeveloped portion of Light
Street, N.E.; (2) an undeveloped portion of Light Street, N.E., from its intersection with an
undeveloped portion of Edmund Avenue, N.E., proceeding in a southerly direction from an
to Baldwin Avenue, N.E.; and (3) an undeveloped alleyway running parallel to and between
the above described Edmund Avenue and Baldwin Avenue, N.E.
A copy of said application is available for review in the Department of Planning and
Community Development, Room 162, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, February 16, 1999 and Tuesday, February 23, 1999
Please bill:
Ronald M. Martin, AIA
Martin & Associates, Architects
P. O. Box 20038
Roanoke, VA 24018
989-9700
and send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011 (540) 853-1230'(fax)
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (540) 853-2541
Fax: (540) 853-1145
SANDRA H. EAKIN
Deputy City Clerk
February 9, 1999
File #514
Barbara N. Duerk, Chair
City Planning Commission
2607 Rosalind Avenue, S. VV.
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 Ronald M. Martin, Agent, representing the Roanoke Valley SPCA,
requesting that a portion of Edmund Avenue, N. E., a portion of Light Street, and an
undeveloped alley located at the intersection of Baldwin Avenue which runs parallel to
Edmund Avenue and proceeding in a northeasterly direction for approximately 630 feet to
the intersection of Light Street, 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
Ronald M. Martin, AIA, Martin & Associates Architects, P. O. Box 20038, Roanoke.
Virginia 24018
Evelyn S. Lander, Chief, Planning and Community Development
Evelyn D. Dorsey, Zoning Administrator
Martha P. Franklin, Secretary, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City ^ttomey
J. Thomas Tasselli, Development Review Coordinator
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION of the
Roanoke Valley SPCA
for vacation of a portion of Edmund
Avenue, a portion of Light Street, and
one undeveloped alley
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING OF TWO
STREETS & ONE ALLEY
MEMBERS OF COUNCIL:
The Roanoke Valley SPCA hereby applies to have a portion of Edmund Avenue, a
portion of Light Street, and one continuous alley, located in the City of Roanoke, Virginia,
permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364
and Section 30-14, Code of the City of Roanoke (1979), as amended. These streets and alley
are more particularly described on the map attached and as follows:
Ao
CLOSURE OF STREETS: From a point located at the intersection of 13th Street
and Edmund Avenue (an undeveloped street) and proceeding in a northeastern
manner for approximately seven hundred thirty feet (730') to the in;~ersection
of Edmund Avenue and Light Street (another undeveloped street), then
proceeding in a southeastern manner for approximately three hundred feet
(300') to the intersection of Light Street and the existing Baldwin Avenue.
CLOSURE OF ALLEY: From a point located at the intersection of Baldwin
Avenue and said alley, which runs parallel to Edmund Avenue, and proceeding
in a northeastern manner for approximately six hundred thirty feet (630') to the
intersection of Light Street (an undeveloped street). Said alley is noted on the
City of Roanoke Tax map as having a ten foot (10') wide right-of-way.
The Roanoke Valley SPCA states that the grounds for this application are as follows:
The Roanoke Valley SPCA currently owns property abutting the northern side
of Edmund Avenue for a distance of approximately three hundred fifty feet
(350') and operates an animal shelter on said property.
The Roanoke Valley SPCA has recently purchased the approximate three (3)
acres of property, abutting the southern side of Edmund Avenue, for a distance
of approximately seven hundred thirty feet (730'). The intent of this purchase
is to expand existing operations at the current location. In doing so, the
vacation and abandonment of the undeveloped Edmund Avenue is desirable to
provide a contiguous parcel of property for the Roanoke Valley SPCA use.
o
The Roanoke Valley SPCA is also desirous of vacating and closing the
undeveloped and remaining portion of Light Street, located on the northeastern
and eastern side of the property recently purchased. The abutting portion of
Light Street, located in a northerly manner, has previously been permanently
vacated and closed by Ordinance #29025, dated March 28, 1988.
One existing ten foot (10') wide alley traverses the property recently purchased
by the Roanoke Valley SPCA. The abandonment of this existing alley is
necessary to provide a contiguous parcel, of sufficient size, to construct a new
facility thereon.
Upon permanent closure of the undeveloped portions of Edmund Avenue and
Light Street, as described herein, the Roanoke Valley SPCA hereby proposes to
grant a twenty-foot wide easement, to the City of Roanoke, for the future
development of pedestrian access and/or "greenways", along the current right-
of-way in both Edmund Avenue and Light Street. The exact location of the
twenty-foot wide easement shall be along the current Northern edge of Edmund
Avenue and the easternly edge of Light Street. If mutually agreed upon by the
property owner and the City of Roanoke, the location of this easement may be
altered during the design and development of this property.
Prior to the submission of the comprehensive site plan, to the City of Roanoke,
the proposed easement will be coordinated with the City of Roanoke Planning
staff, to provide a mutually beneficial location for future pedestrian access
along the existing right-of-ways.
Property owners which directly abut the requested street and alley closings
include the following:
(a)
Roanoke Valley SPCA (Petitioner)
1313 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210314 thru 3210322
(b)
Dale & Mary Jo Wallvort
1321 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210307 thru 3210313
#3210323 thru 3210329
(c)
Roanoke Valley SPCA (Petitioner)
1313 Eastern Avenue
Roanoke, Virginia 24012
Tax Map #3210401 thru 3210418
#3210419 thru 3210433
(d)
Sandra L. Overstreet
4136 Mudlick Road
Roanoke, Virginia 24018
Tax Map//3210701 thru 3210708
#3210712 thru 3210722
#3210616 thru 3210620
WHEREFORE, the Roanoke Valley SPCA respectfully requests that the above described
street and 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,
Martin & Associates, Architects
Acting as Agent for
ROANOKE VALLEY SPCA
February 1, 1999
CITY OF ROANOKE
Office of the City Clerk
Mary F. Parker, CMC/AAE
City Clerk
May 5, 1999
File #28
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of Ordinance No. 34256-050399 authorizing execution of a deed of
easement granting Shenandoah L.P., a drainage easement across City-owned property
located across the Forest Park Elementary School property, identified as Official Tax No.
2420201, upon certain terms and conditions as more fully set forth in a report of the Water
Resources Committee under date of April 5, 1999. The abovereferenced measure was
adopted by the Council of the City of Roanoke on first reading on Monday, April 19, 1999,
also adopted by the Council on second reading on Monday, May 3, 1999, and will be in full
force and effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
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Enclosure
H:~AGENDA99XMAY3. I
James D. Ritchie, Sr.
May 5, 1999
Page 2
pc:
Richard C. White, P. E., LMW P. C., P. O. Box 13065, Roanoke, Virginia 24030-
3065
James D. Grisso, Director of Finance
Kit B. Kiser, Director, Utilities and Operations
George C. Snead, Jr., Director, Public Safety
Charles M. Huffine, City Engineer
Sherman M. Stovall, Acting Budget Administrator, Office of Management and
Budget
Dolores C. Daniels, Assistant to the City Manager for Community Relations
Sarah E. Fitton, Engineering Coordinator
Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public
Schools
H:'tAGENDA99'tMAY3. I
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 3rd day of May, 1999.
No. 34256-050399.
AN ORDINANCE authorizing the execution of a deed of easement granting
Shenandoah L.P., a drainage easement across City-owned property located across the Forest
Park Elementary School property identified by Roanoke City Tax Map No. 2420201, upon
certain terms and conditions.
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, in form approved by the City
Attorney, a deed of easement granting Shenandoah, L.P., a 20' wide drainage easement
across City-owned property located at the Forest Park Elementary School, identified by
Roanoke City Tax Map No. 2420201, upon certain terms and conditions, as more particularly
set forth in the report to this Council from the Water Resources Committee dated April 5,
1999.
ATTEST:
City Clerk.
H:\ORD-GENXO-FPARK
THE ROANOKE TIMES
Ad Number: 1119674
Publisher's Fee: $84.40
Roanoke City Clerk's Office
Atm.: Mary Parker, Clerk
215 Church Ave., S.W., Room 456
Roanoke, VA 24011-1536
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (the undersigned) as authorized representa6ve 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 the annexed notice was published in said
newspaper(s) on the following date(s):
04/11/99 FULL RUN Sunday
Witness, this 15~ day of April 1999
Authorized Signature
Code ~ ~ (20~0), a~
cmnmm~dng lit 7.00 p.m., in
the Cornel Ctmmbem, 4th
Church Avenue, S.W., Roamoke,
Water Reeour~ee C(xmll#:l)~e
(540) 853-2541.
.(1119674) ·
NOTICE OF PUBLIC HEARING
The City of Roanoke proposes to grant a 20 foot wide drainage easement across City-
owned property at Forest Park Elementary School at the comer of Melrose Avenue and
Forest Park Boulevard, N.W., identified by Roanoke City Tax Map No. 2420201.
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 April 19, 1999,
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 April 5, 1999 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 1 l t~itay of Apr±l
,1999.
Mary F. Parker, City Clerk.
Note to Publisher:
Please publish once in The Roanoke Times on Sunday, April 11,1999.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
456, Municipal Building
215 Church Avenue, S.W.
Roanoke, Virginia 24011
H:~qOTICEYNE-FPARK
Mary F. Parker, CMC/AAE
City Clerk
CITY OF ROANOKE
Office of the City Clerk
May 5, 1999
File #60-305
Sandra H. Eakin
Deputy City Clerk
James D. Ritchie, Sr.
Acting City Manager
Roanoke, Virginia
Dear Mr. Ritchie:
I am attaching copy of a communication from Dr. George K. Bowers, President of the
Board, Youth Haven - Sanctuary Education Foundation, Inc., of the Roanoke Valley,
expressing concern in regard to the proposed funding reduction in the fiscal year 1999-
2000 budget for Youth Haven - Sanctuary, which communication was before the Council
of the City of Roanoke at a regular meeting which was held on Monday, May 3, 1999.
Inasmuch as local matching funds and State grant funds are involved, it was the
consensus of Council that the matter would be referred to the Acting City Manager to meet
with Dr. Bowers and provide Council with a follow-up response.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:Io
pc: Dr. George K. Bowers, 3508 Kenwick Trail, S. W., Roanoke, Virginia 24018
H:~AGENDA.99~4AY3. I
YOUTH HA VEN-SANCTUAR Y
ED UCA TION FO UNDA TION INC
of the
Roanoke Valley, Virginia
President
Dr George K. Bowers
Vice President
Judge Sackie Talevi
Secretary
Sandra Brown Kelly
Treasurer
John C. Washburn
Dr. William E. Baker
D. Elliott Bayer
Harold Crickenberger
Jeff Deaton
Nancy Goehring
Ann Harmon
Diane Kelly
Richard Kepley
Jeannine Hylton Kerek
Dr. Bet~y McCrary
Kathy Moses
Wayne Newcomb
Dr. Stephanie Pratola
Mary Elizabeth Radford
Nicole Roberts
Marion Vaughn-Howard
Atty. Ellen Weinman
Honorary. Members
To Members of Roanoke
City Council:
May 3, /999
As a member of the Advisory Board of Directors
for Youth Haven I for Boys s throughout the 29
years of its existence and as president of that
Board for 25 years, I and our Board members are
deeply disturbed about the cutback in funding for
very important programs of the Residential Home.
The current proposed City Budged calls for deleting
our Family Counselor and our shared Substance Abuse
Counselor, a shared position with Court Service Unit.
The Family Counselor position requires a total of
$41,347 ; and the shared Substance Abuse Counselor's
requirement is $9,960, making a total of $51,307.00.
I am aware that these are Virginia Juvenile Community
Crime Control Act funded.
Other communities that have been cut back have seen
the need to fund their program with youth at a higher
level than eve~ in the light of tragic acts by youth
tn many of our communities today, notably our
neighboring Lynchburg which has decided to invest more
than ever in programs for their youth.
In all its 29 years of existence there have never been
any organized acts of violence by youth from Youth I
who attend our City Schools. Moreover, from gifts
of $50,000 from an older member of my Pennsylvania church
and an additional $50,000 from a very young:member of my
Roanoke church, plus additional gifts from more than 30
JudgeJ0se~ F. B0unds private citizens we currently have a Youth Education
JudgeJ0sephM. Cla~¢.I! Fund, which in nine years has provided higher eedcation
Judge John B. Ferguson
Judge Philip Trompeter
John M. Chambliss, Jr.
Mike Lazzuri
Glen Radcliffe
Pro~,ram Mana_~ern
Youth Haven I
Letitia Malone
Youth Haven II
Beverly Tys-Berson
Sanctuary-Crisis
Intervention Center
Andrea Krochalis --
for 19 young people from our youth homes in such colleges
as Roanoke College, University of North Carolina, Liberty
U~versity Hollins Univesity, and other schools. Currently
we have students number 20 and 21 in Hollins University
and Liberty College. When private citizens are willing to
invest their money in these youth, certainly they are
worthy of highest consideration by our City Government.
We do not want a replica of Littleton, Colorado in
Virginia--and certainly not in Roanoke.
H~efully,
~eorge K. Bowers
President of the Board
Youth Haven I
1301 Third St., SW
Roanoke, VA 24016
Youth Haven II
5929 Cove Road, NW
Roanoke, VA 24019
Sanctuary
4350 Coyner Springs Rd.
Roanoke, VA 24012
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of
Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of
Council which was held on the 3rd day of May, 1999, MARK A. HARRIS was appointed as
a member of the Roanoke Neighborhood Partnership Steering Committee to fill the
unexpired term of Ronald H. Miller, ending November 30, 1999.
Given under my hand and the Seal of the City of Roanoke this 7th day of May,
1999.
City Clerk
H:~AGENDA99'~MAY3.1