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HomeMy WebLinkAboutCouncil Actions 01-22-91 Fitzpatrick (30374) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL January 22, 1991 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. All Present. The invocation will be delivered by The Reverend Fleet Powell, Jr., Pastor, Colonial Presbyterian Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. Introduction of special guests from Wonju High School. Dr. Elizabeth D. Lee, Principal, Patrick Henry High School, Spokesperson. BID OPENINGS Bids for improvements to Huff Lane, Thrasher, Fishburn, Shrine Hill, Lakewood, Staunton Avenue, and ~est End Parks. Eight bids were referred to a corr~ittee composed of Messrs. White, Chairman, Snead and Clark for tabula- tion, report and recommendation to Council. C-1 CONSENT AGENDA (Approved 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS- CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meetings of Council held on Monday, October i, 1990; Monday, October 8, 1990; Monday, October 15, 1990; and Monday, October 22, 1990. RECOMMENDED ACTION: Dispense with the reading thereof approve as recorded. and (1) C~2 C-3 C-4 C-5 C-6 C-7 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss personnel matters relating to vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss personnel mat- ters relating to Vacancies on various authorities, boards, commissions and com- mittees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10) Code of Virginia (1950), as amended. ' RECOMMENDED ACTION: Concur in request for Council to convene zn Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. A report of the City Manager with regard to concerns expressed by Mr. Marian A. Grabda, 2841 Edgewood Street, S. W., relating to a dangerous pothole and pedestrian safety in the vicinity of his residence. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Charles A. Price, Jr., as a member of the City Planning Commission for a term of four years ending December 31, 1994. , RECOMMENDED ACTION: Receive and file. Qualification of Mr. James W. Burks, Jr., as a member of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Mr. Wallace I. Allen resigned, ending August 31, 1992. ' RECOMMENDED ACTION: Receive and file. Qualification of Mr. David C. Anderson as a member of the Fifth Planning District Commission for a term ending December 31, 1993. RECOMMENDED ACTION: Receive and file (2) REGULAR AGENDA 3. Hearing of Citizens Upon Public Matters: 4. Petitions and Communications: None. a. A communication from mending appropriation Adopted Ordinance No. Reports of Officers: the Roanoke of funds to City School Board recom- certain school accounts. 30374-12291. (7-0) a. City Manager: Briefings: None. Items Recommended for Action: A report recommending adoption of Section 20-95 of the Roanoke City an increase in towing and storage motor vehicles. a measure amending Code to provide for fees for impounded Adopted Ordinance No. 30375-12291. (7-0) A report recommending the purchase of 17 new police automobiles from JKJ Chevrolet, Vienna, Virginia, in the total amount of $201,926.68, and purchase of necessary equipment for said automobiles, in the total amount of $25,416.53; and appropriation of funds there- Adopted Ordinance No. 303?6-12291 and Resolution No. 30377-12291. (7-0) A report recommending issuance of Change Order No. 2 to the contract with Lanford Brothers Company, Inc., in the amount of $90,404.30, in connection with rehabili- tation of the Franklin Road Bridge over the N & W Railroad; and transfer of funds therefor. Adopted Ordinance No. 30378-12291 and Ordinance No. 30379-12291. (7-0) Director of Finance: 1. A financial report for the month of December, 1990. Received and filed. (3) c. City Clerk: A report advising of the expiration of the three year terms of Mrs. ~arilyn C. Curtis, Mrs. Velma B. Seif, and Mr. James M. Turner, Jr., as Trustees of the Roanoke City School Board on June 30, 1991, and further advising that applications for the upcoming vacancies will be received in the City Clerk's Office until 5:00 p.m., on Monday, March 11, 1991. Received and filed. 10. Reports of Committees: None. Unfinished Business: None. Introduction and Consideration of Ordinances and Resolutions: Ordinance No. 30365, on second reading, permanently vacating, discontinuing and closing three alleys situated in Block 2, Map of Edgewood Addition, located between 8th and 8½ Streets, S. E. Adopted Ordinance No. 30365-12291. (7-0) Ordinance No. 30366, on second reading, rezoning a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road, S. W., identified as Official Tax No. 5100908, from RS-l, Residential Single Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30366-12291. (?-0) 9. Motions and Miscellaneous Business: Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Appointed Mr. George M. McMillan to the Advisory Board of Human Resources. Certification of Executive Session. (?-0) (4) MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE Office of the Mayor January 22, 1991 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss personnel matters relating to 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, Noel C. Taylor Mayor NCT:se Room 452 Municipal Building 215 Church Avenue, S. W., Roanoke, Virginia 24011 (703) 981-24aa Office of the Mayor January 22, 1991 The ftonorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss a special award, being the Annual Citizen of the Year Award, pursuant to Section 2.1-344 (A) (10), Code of Virginia (1950), as amended. Sincerely, Noel C. Taylor Mayor NCT:se Room 452 MunicipalSuilding 215Church Avenue. S. W.,Roanoke, Virginia 24011 (703)981-2444 Office of the City Manager January 22, 19gl Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: Citizen appearance at Council Meeting, January 14, lggl Mr. Marian Grabda, 2841Edgewood Street, S. W., appeared at your meeting on Monday, January 14, and made a request concerning conditions in his neighborhood. This matter was referred to the City administration. There was an erosion of the shoulder adjacent to the pavement in the vicinity of Mr. Grabda's home which has now been filled with appropriate gravel material. Mr. Grabda is also interested in an improved pedestrian area which would allow him to walk toward Brandon Avenue along Edgewood Street. Unfortunately, in this area there are no sidewalks but our Street Maintenance forces will make every effort to provide a more suitable area for pedestrians along the shoulder of the road. This is to advise Council of the actions which have been taken in response to Mr. Grabda's request. Respectfully submitted, City Manager WRH:WFC:pr CC: Mr. Marian Grabda, 2841Edgewood Street, S. W., Roanoke 24015 Mr. William F. Clark, Director of Public Works ~M~s. Mary F. Parker, City Clerk Room 364 Municipal Built, lng 215 Chura~ Avenue 5.W. Roanoke, Virginia 240 '~ 1 (703) 981-2333 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Auenue, S W, Room 456 Roanoke, Virginia 2401 ~ Telephone: (703)981-2541 January 24, 1991 SANDRA H. [AKIN Depuzy C~y Clerk File #15-200 Mr. John R. Harlles Agent/Secretary City Planning Commission Roanoke, Virginia Dear Hr. Marlles: This is to advise you that Hr. Charles A. Price, Jr,, has qualified as a member of the City Planniag Commission for a term of four years, ending December 31, 1994. Sincerely, Hary F. Parker, City Clerk CMC/AAE MFP : ra MARY F. PARKER Ci:y Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W, Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2S~11 January 24, 1991 SANDRA H. EAKIN Deputy C~y C~erk File #15-178 Mr. Herbert D. McBride Executive Director Roanoke Redevelopment and Housing Authority 2624 Salem Turnpike, N. W. Roanoke, Virginia 24017 Dear Mr. McBride: This is to advise you that Mr. James W. 8urks, Jr., has qualified as a member of the Roanoke Redevelopment and Housing Authority, to fill the unexpired term of Mr. Wallace I. Allen resigned, ending August 31, 1992. ' Sincerely, ~5)~ Mary F. Parker, CMC/AAE City Clerk MFP:ra MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roan, oke, Virg~ma 24011 Telephone: {703) 981-2541 January 24, 1991 SANORA H. EAKIN Deputy CiTy Clerk File #15-200 Mr. Wayne G. Strickland Executive Director Fifth Planning District Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that Mr. David C. Anderson has qualified as a member of the Fifth Planning District Commission for a term ending December 31, 1993. Sincerely, ~4ary F. Parker, City Clerk CMC / AA E MFP:ra MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room456 Roanoke. Virginia 24011 Telephone: (703) 9B%2541 January 24, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #60-467 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Hr. Schlanger: I am attaching copy of Ordinance Ho. 30374-12291 amending and reordaininq certain sections of the 1990-91 General and Grant Funds Appropriations, providing for appropriation of funds to the following school accounts: Educational Interpreter Training Program - $2,020.00; Adult Basic Education Program $2,155.00; and 1991 Western Virginia Regional Science Fair $8,960.00. Ordinance No. 30374-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. Sincerely, ~_~__~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra Eno o pc: Mr. W. Robert Herbert, City Manager Mr. James ~. Turner, Jr., Chairman, Roanoke City School Board, P. 0. Box 1689, Salem, Virginia 24153 Dr. Frank p. Tota, Superintendent of Schools P. O. Box 13145, Roanoke, Virginia 24031 ' Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, p. O. Box 13105, Roanoke, Virginia 24031 Hr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30374-12291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Grant Funds 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, Roanoke that certain sections Funds ApPropriations, be, and reordained to read as follows, BE IT ORDAINED by the Council of the City of of the 1990-91 General and Grant the same are hereby, amended and in part: General Fund Education Other Uses of Funds (1) $65,834,881 968,934 Instruction (2) ........ [[~[~[~[[~[[[~[~[~[[[ 48,418,643 Grant Fund Education Educational Interpreter Training (3-5) ...... $16,950,623 Adult Basic Education 90-91 (6-9). · ....... 2,020 .................. 2,155 1991 Western Virginia Regional Science Fair (10-11). 8,960 Revenue Education Educational Interpreter Training (12) ....... $16,950,623 Adult Basic Education 90-91 (13).. · ....... 2,020 .................. 2,155 1991 Western Virginia Regional Science Fair (14-15). 8,960 1) Transfers to Grant Fund 2) Matching Funds 3) Stipends 4) Social Security 5) Instructional Material 6) Teachers 7) Teacher Aides 8) Social Security 9) Instructional Supplies 10) Travel Expenses 11) Instructional Materials 12) Federal Grant Receipts 13) Federal Grant Receipts 14) Local Match 15) Contributions (001-060-6005-6999-0911)$ 1,600 (001-060-6001-6311-0588) (1,600 (035-060-6590-6174-0311) 1,750 (035-060-6590-6174-0201) 120 (035-060-6590-6174-0614) 150 (035-060-6745-6450-0121) 1,483 (035-060-6745-6450-0141) 417 (035-060-6745-6450-0201) 130 (035-060-6745-6550-0614) 125 (035-060-6972-6311-0554) 6,260 (035-060-6972-6311-0614) 2,700 035-060-6590-1102) 2,020 035-060-6745-1102) 035-060-6972-1101) (035-060-6972-1103) 2,155 1,600 7,360 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. 1 James NL Tums. Jr., Chairman CflaHes W, Day Sollye T, Coleman, Vice Chairman T~omas L O~ lY~lyn C. Cu~cls 'lok~ Finn D. Plncus Velma B. Self R'ank P. Toro, Superintendent Richard L Kelley, Clerk of the Board City School Board P.O Box 13105, Roanoke, Virginia 24031 · 703-981-~581 January 9, 1991 rg CC: The Honorable Noel C. Taylor, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official action at its meeting of January 8, 1991, the School Board respectfully requests City Council to appropriate funds to the following school accounts: Grant No. 6590- $2,020.00 for the Educational Interpreter Training program to provide funds for the development of training curriculum for the hearing impaired program. The program will be one hundred percent reimbursed by federal funds. Grant No. 6745- $2,155.00 for the Adult Basic Education program to provide funds for the education of adults who have not completed high school. The program will be reimbursed by federal funds in the amount of $100,515 with matching funds provided by the Citv jail and Roanoke City Schools. ' Grant No. 6972- $8,960.00 for the 1991 Western Virginia Regiona Science Fair. School Districts will contribute toward the cost of the fair with a local match cost to the Roanoke City Schools. The approval of these requests will be appreciated. Sincerely,/ '~ ~ 'chard L, Kelley ~- Clerk of the Board and ~ Executive for Business Affairs Mr. James M. Turner, Jr. Dr. Frank P. Tara Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy, Jr. Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. Joel M. Schlanger (with accounting details) Excellence in Education DIEPARTME:NT OF FINANCI[ CITY OF' ROANOKE:, VA. January 22, 1991 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger School Board Request for the Appropriation of Funds I have reviewed the attached request of the School Board to appropriate funding for the School Board. This report will appropriate three grants in the Grant Fund. Two of the grants are funded with 100% federal funds. The third grant is funded by contributions from the school districts and a local match. The 1991 Western Virginia Regional Science Fair grant requires $1,600 in FY91 school funds to be transferred from the General Fund as a local match. Funding is available in the Education category of the General Fund in account 001-060-6001-6311-0588 (Matching Funds). I School Board. JMS/pac recommend that you concur with this request of the ;i~ectoi'- o f Fi~ce Attachments MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $ W,Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 January 24, 1991 SANDRA H. EAKIN DeputyC~:yClerk File #24A-5-20 ~4r. W. Robert Herbert City Manager Roanoke, Virginia Dear ~4r. Herbert: I am attaching copy of Ordinance Ho. 30375-12291 amending and reordaining subsection (a) of §20-95, Manner of redeemin~ impounded vehicles; eosts, Code of the City of Roanoke (1979), as amended, to increase towing and storage fees for impounded motor vehicles. Ordinance No. 30375-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. pc: The Honorable Roy B. Willett, Chief Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Kenneth E. Trabue, Judge, Circuit Court 305 East Main Street, Salem, Virginia 24153 The Honorable G. O. Clemens, Judge, Circuit Court P. 0. Box 1016, Salem, Virginia 24153 ' The Honorable Philip Trompeter, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. goback, Jr., Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Edward S. Kidd, Jr., Chief Judge General District Court ' Mr. W. Robert Herbert January 24, 1991 Page 2 pc: The Honorable Julian H. Raney, Jr. Judge, General District Court ' The Honorable Richard C. Pattisal Judge, General District Court ' The Honorable Donald S. Caldwell, Commonwealth,s Attorney The Honorable Patsy Testerman, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, General District Court Mr. Wilburn C. Oibling, Jr., City Attorney Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Bobby O. Casey, Office of the Magistrate, p. O. 13867, Roanoke, Virginia 24037 Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. M. David Hooper, Chief of Police Ms. Clayne M. Calhoun, Law Librarian Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304 t~ox and IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of January, 1991. No. 30375-12291. VIRGINIA, AN ORDINANCE to amend and reordain subsection (a) of §20-95, Manner of redeeming impounded vehicles~ cost~;, Code of the City of Roanoke (1979), as amended, to increase towing and storage fees for impounded motor vehicles; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (a) of §20-95, Manner of redeeming impounded v_ehicles; costs, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: S20-95. Manner of redeeming impounded vehicles; costs. (a) Subject to the provisions contained in subsection (b) of this section, before the owner or person entitled to the possession of any vehicle impounded pursuant to this Division shall be permit- ted to remove the same from the custody of the police department, wherever stored, he shall furnish evidence of his identity and right to possession of such vehicle, shall sign a receipt therefor, and shall pay said department a fee of sixty dollars ($80.00) if the vehicle was towed between the hours of 6:00 a.m. and 6:00 p.m., and seventy dollars ($70.00) if the vehicle was towed between the hours of 6:00 p.m. and 6:00 a.m., and, if a dolley was used in such towing, an addi- tional fee of twenty-four dollars ($24.00), to cover the cost of removal and the storage thereof for any period not exceeding twenty-four (24) hours. To cover the department's administrative costs incurred in towing and storage of vehicles pursuant to this Division, a service charge in the amount of twenty dollars ($20.00) shall be included within the tow- ing fees established by this section. When such owner or person in possession of such vehicle shall allow the same to remain in storage in excess of twenty-four (24) hours, he shall pay the operator of such approved place of storage, or to the City should the Same have been stored on City-owned property, a charge of five dollars ($$.00) per day for additional time of storage. The costs of such towing and storage, including the service charge, shall constitute a lien on the vehicle so towed or impounded, and the City and/or the operator of such approved place of storage are authorized to retain possession of such vehicle until such charges are paid. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia January 22, 1991 Honorable Mayor and Members of C~y 'Cou~ncil Roanoke, Virginia Dear Mayor and Members of Council: Subject: Towing Service Rates I. Back~round: City Code Section 20-95 establishes the fees collected and retained by the City for the towing and storage of impounded vehicles. Fees disbursed to the private towing companies for their services are set by application of this section. Fee compendium passed by City Council on June 25, 1990 established certain fees, rates, assessments and charges to be levied by the City of Roanoke. These new charges were set forth in a report entitled "City of Roanoke Customer Service Charge Recommendations - Fiscal Year 1990-91." Annualized revenue increas~ anticipated from the service charge increase was $28,308 and was included in the FY 1991 adopted General Fund budget. Fees collected from owners reclaiming their towed vehicles are deposited into revenue account 001-020-1234-0859. Payment to wrecker operators for towing of these vehicles is made from expenditure account 001-050-3113-2010. II. Current Situation: Collection of the rates established by the June 25, 1990 report cannot begin without amending Section 20-95, City Code. Current rates are established by Code ($25.00 for a day tow and $30.00 for a night tow with the City retaining $5.00 as a service charge). The rates subsequently paid to the wrecker operators are well below the market rate collected by the operators directly from the public for the same services. Establishin~ rates by Cod~ reduces complaints by the public and eliminates "contract bargaining" between towing services and the Police Department. Also, City Code establishment of rate by task precludes the placement of City employees into the role of supervising wrecker operators. Honorable Mayor and City Council Page 2 ',~anuary 22, 1991 D. Fee Compendium of June 25, 1990 recommended the following rates: Towing: Storage: 6:00 AM - 6:00 PM $60.00 6:00 PM ~ 6:00 AM $71.00 Use of Dolly $24.00 additional $4.75 per day after 24 hours The compendium did not recommend what portion of the rate increase should be disbursed to the towing companies. Administration of these rates would be facilitated by rounding the night tow fee to $70.00 and the daily storage fee to $5.00. Wrecker drivers as represented by the Roanoke Chapter of the Virginia Association of Towing and Recovery Operators have proposed the following rates: Cars: Day $45.00 Night $55.00 Light Trucks: Day $65.00 Night $75.00 Heavy Trucks: per hour $125.00 Tow companies on the wrecker service list receive calls for service other than impoundment calls with fees regulated by Code. By virtue of being on that list, companies receive calls through the City dispatch center for "owner's request" tows at scenes of breakdown or collision. In a May, 1990 study, slightly less than 25% of wrecker calls were towing ordinance/impoundment regulated. III. Issues: A. Service availability. B. Revenue. C. Equity. D. Administration. IV. Alternatives Council approve an amendment of Section 20-95 that incorporates fees as suggested by the Compendium and specifies that $20.00 is the City's service charge portion of the tow fee. All storage fees would go to the City. Fees collected for usage of dollies are forwarded to the wrecker operators. Honorable Mayor and City Council Page 3 ,~anuary 22, 1991 1. Service availability will continue. Revenue to the City would increase from $5.00 to $20.00 for each tow and from $2.50 to $5.00 per day for storage. Equity for wrecker drivers would be addressed by increasing their payment from $20.00 to $40.00 for a day tow and from $25.00 to $50.00 for a night tow. Funding is adequate in account 001-050-3113-2010. Administration of fee collection would follow established procedures. B. Do not amend Section 20-95. Service availability may decline as wrecker companies may decide not to be included in an arrangement unprofitable to their operation. 2. Revenue to the City would not increase. 3. Equity for wrecker drivers in view of expense increases would not be addressed. 4. Administration of fee collection would follow established procedures. Adopt towinq operator's rate proposal into a revision of Section 20-95. 1. Service availability will continue. Revenue to the City would not be increased by the amount intended in the June 25, 1990 compendium without a restructuring of those approved rates. Equity for the City in recognition of "owner's request" calls forwarded to the wrecker companies would be questionable. Administration of any hourly rate fees would place City employees in the position of supervising the rapidity of a private contractor's work. Honorable Mayor and City Council Page 4 · anuary 22, 1991 V. Recommendations: A. Approve an amendment of Section 20-95, City Code, as outlined in Alternative A. Respectfully submitted, W. Robert Herbert City Manager WRH/MDH/WLA/jm Attachments: 1. Existing Section 20-95 2. Proposed revisions to Section 20-95 3. Letter from Roanoke Chapter, Virginia Association of Towing and Recovery Operators. {Exis ting Code) (Proposed - Revised) Sec. 20-95. Manner of redeeming impounded vehicles; costs. (a) Subject to the previsions contained in subsection (b) of this section, before the owner or person entitled to the possession of an impounded vehicle shall be permitted to remove the same from the custody of the police department, wherever stored, he shall furnish evidence of his identity and right to possession of such vehicle, shall sign a receipt therefor, and shall pay said department a fee of sixty dollars ($60.00) if the vehicle was towed between the hours of 6:00 a.m. and 6:00 p.m. and seventy dollars ($70.00) if the vehicle was towed between the hours of 6:00 p.m. and 6:00 a.m., and, if a dolley was used in such towing, an additional fee of twenty-four dollars ($24.00), to cover the cost of removal and the storage thereof for any period not exceeding twenty-four (24) hours. To cover the department's administrative costs incurred in towing and storage of vehicles pursuant to this division, a service charge in the amount of twenty dollars ($20.00) .shall be included in such towing fee. When such owner or person in possession of such vehicle shall allow the same to remain in storage in excess of twenty-four (24) hours, he shall pay the operator of such approved place of storage, or to the city should the same have been stored on city-owned property, a charge of five dollars ($5.00) per day for additional time of storage. The costs of such towing and storage, including the service charge, shall constitute a lien on the vehicle so towed or impounded, and the city and/or operator of such approved place of storage are authorized to retain possession of such vehicle until such charges are paid. (b) (Retained Unchanged) .... RED BIRD GARAGE, INC. COMPLETE AUTO REPAIR & TUNE UP 3021 PRESTON AVE., N.W. PHONE 362-1871 ROANOKE, VA. 2401 2 1990 LT. ALTHOFF ROA~;O~E CI%5' POLICE ROAL OKE, VIRGIl;IA DEAR Ii; RESPONSE TO YOUR P~~O.,~ CALL c~= .... r" 1990 ON ~-*~.~"~l~. 21, THE SUDJECT I. PCU~,~ %0~.L.G FOR THE CI~f OF EG;.XCKE, ! HAVE TALi~D '-'!~i ~!OSE TOWING LIST AND WE FEEL DUE TO THE I.,C. =A~a I~ THE COST OF TOU IRU~[S -=-I,',IE~..;D~CE: AS VELL AS ~'EL, WE SEOULD HAVE A PATE INCREASE. IX 1970 C~LLS PAID (15.00) AI]D %]~EY E~VE O~LY I TM .... ~.u~r.~=u (5.00) Iii YEA~S. Ii,~ 1970 ~SO TEE COST OF A TCU TI!UCK !'AS (7,000.00) to (10,000.00). I}~ 1990 ~ .... COST OF A mO~ TIUCK IS (35,COO.OO) to (42, .... ,C). ~IS PRICE IS Oi, A O~E TO!'; UKIT ELL ~' -" ~ ~',OUL~ LIk= TO i{~VE YOU JP,~C~,E~ ASSOCIATIOi~" ' ~ ~" %KE cr O;r ~nbK~,.~,~ 7:00TM '* :.~. ~,. "0wmw TO DISCUSS THIS UATTEF. I ~ EECLOSIJG 5~TES iHAT UEEE SUBEITTEL TO YOURS TRULY, CALVII~; GILES (PRES. VAIRO) ROANOKE C~IA!,~E,. RED BIRD GARAGE, INC. COMPLETE AUTO REPAIR & TUNE UP 3021 PREST_ON AVE., N.W. PHONE 362-~ 871 ROANOKE, VA. 24012 ~'.IC}:T TI,'"E..55.00 LICI-iI LU2Y ~RLc,,S ................. :L;V %I~E .... 65.90 i;ICF~ TII.TE.. 75.00 kEAIY LU/Y TllbCkS .................. 125.09 PER HOUR IkESE F, JTES ARE laI,,kg CN (CNE HOUKS) MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virginia 24011 TelelDhone: (703) 981-2541 January 24, 1991 SANDRA H. EAKIN DeputyC~tyClerk File #472-5 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 303?7-12291 accepting the bid of JKJ Chevrolet for 17 police vehicles, by utilizing the Commonwealth of Virginia's contract, in the total amount of $201,926.68. Resolution No. 30377-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. Sincerely, ~~ Mary F. Parker, C~C/AAE City Clerk MFP:ra Eno o pc: Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police ~r. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director of Public Works Mr. James h. McClung, Manager, Motor Vehicle Maintenance Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S w, Room 456 Roanoke, Virg~ma 24011 Telephone: (?03) 981-2541 January 24, 1991 SANDRA H. EAKIN Deputy C~ty Clerk File #472-5 JKJ Chevrolet 2000 Chain Bridge Road Vienna, Virginia 22180 Ladies and Gentlemen: I am enclosing copy of Resolution No. 30377-12291 accepting the bid of JKJ Chevrolet for 17 police vehicles, by utilizing the Commonwealth of Virginia's contract, in the total amount of $201,926.68. Resolution No. 30377-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. Sincerely, [/~ ~lary F. Parker, C~C/AAE City Clerk MFP:ra Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W, Room 456 Roanoke, V~rg~ma 24011 Telephone: (703)981-2541 January 24, 1991 SANDRA H. EAKIN Deputy CiTy Clerk File #472-5 Mr. Christopher K. Clowson Fleet Manager Allred Chevrolet P. O. Box 1012 Salem, Virginia 24153 Dear Mr. Clowson: I am enclosing copy of Resolution No. 30377-12291 accepting the bid of JKJ Chevrolet for 17 police vehicles, by utilizing the Commonwealth of Virginia's contract, in the total amount of $201,926.68. Resolution No. 30377-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described vehicular equipment. ,Sincerely, ~4ary F.~-~arker, CMC/AAE City Clerk MFP:ra Eric. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room456 Roanoke, Virginia 24011 Telephone: (703)981-2541 January 24, 1991 SANDRA H. EAKIN Deputy City Clerk File #472-5 Mr. Ken D. Spangler Fleet .~anager Berglund Chevrolet, Inc. P. 0. Box 12606 Roanoke, Virginia 24027 Oear ~r. Spangler: I am enclosing copy of Resolution No. 30377-12291 accepting the bid of JKJ Chevrolet for 17 police vehicles, by utilizing the Co~onwealth of Virginia's contract, in the total amount of $201,926.68. Resolution qo. 30377-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described vehicular equipment. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP : ra E~c. IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of January, 1991. No. 30377-12291. VIRGINIA, A RESOLUTION providing for the purchase of police vehicles, upon certain terms and conditions, by utilizing the Commonwealth of Virginia's contract with a certain vendor; and rejecting other bids made to the City. WHEREAS, the Commonwealth of Virginia has, pursuant to its competitive bidding procedures, awarded contracts for the purchase of certain vehicular equipment; and WHEREAS, local governing bodies in Virginia are authorized purchase items through use of state-awarded contracts. THEREFORE, BE IT Roanoke that: 1. contract cared is hereby authorized: QUANTITY DESCRIPTION 17 New Police Vehicles RESOLVED by the Council of the City of The purchase of the following items under state-awarded from the vendor listed below at the total price indi- VENDOR JKJ Chevrolet to TOTAL PURCHASE PRICE $201,926.68 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the State's specifica- tions and the terms of this Resolution. S. The other bids made to the City for the supply of such equipment are hereby REJECTED, and the City Clerk is directed to notify such other bidders and to express the City's appreciation for their bids. ATTEST: City Clerk. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room456 Roan,oke, Virginia 24011 Telephone; (703) 9B1-2541 January 24, 1991 SANDRA H. EAKIN Deputy City Clerk File #60-472-5 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 30376-12291 amending and reordaining certain sections of the 1990-91 General and Internal Service Funds Appropriations, providing for the appropriaSion of $201,927.00 to the Police Department and transfer of $25,417.00 to Motor Vehicle Maintenance, in connection with the purchase of 17 new police automobiles and necessary equipment from JKJ Chevrolet. Ordinance No. 30376-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. Sincerely, ~~ Mary F. Parl~er, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. D. Oarwin Roupe, Manager, General Services Mr. James A. McClung, Manager, Motor Vehicle Maintenance Mr. Barry L. Key, Manager, Office of ~anagement and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30376-12291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 General and Internal Service Funds 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 1990-91 General and Internal Service Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General F~na ~riations Public Safety Police Patrol (1) Non departmental ................................. Transfers to Other Funds (2) ...................... Revenue Miscellaneous Insurance Recoveries Fund Balance Capital Maintenance & Equipment Replacement Program - City Unappropriated (4) ................ Internal Service A_~P_~9~riations $27,231,822 6,121,768 13,219,828 11,164,673 $ 505,323 2,444 $ 986,772 Motor Vehicle Maintenance Other Charges (5) $ 1,910,259 ................................. 610,572 Revenue Non-operating Revenue 1) Vehicular Equipment 2) Transfers to Internal Service Fund 3) Insurance Recoveries 4) CMERP - City 5) Project Supplies 6) Operating Supplement - Operating Supplement (6).. $ (001-050-3113-9010) $ 201,927 (001-004-9310-9506) ( 25,417) (001-020-1234-0862) 2,344 (001-3323) (225,000) (006-052-2641-3005) 25,417 (006-020-1234-0951) 25,417 25,417 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia January 22, 1991 Honorable Mayor and City Council Roanoke. Virginia Dear Members of Council: SUBJECT: Bids on Police Vehicles Bid No. 90-10-66 I concur with the recommendation of the bid committee for the purchase of Police Vehicles and recommend it to you for appropriate action. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Roanoke, Virginia January 22, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids on Police Vehicles, Bid No. 90-10-66 I. _~und II. ~e.Ge~__~_~x__~_Q, City Council designated Funds in the Capital Maintenance and Equipment Replacement Program to replace fifteen (15) police patrol vehicles. _B_i_d~s were _r_e_quested_ from twelve (12) vendors currently listed on the City's bid list· Bids were ~eceived, after due and proper advertisement and were publicly opened and read in the Office of the Manager of General Services. Bid tabulation is attached. Current Situation A~.~_b~d~__rgpei~ were evaluated in a consistent manner by representatives of following departments: the Police Motor Vehicle Maintenance General Services ~_._~%~Dg were also evaluated and compared to the police vehicles that are currently available under the Commonwealth of Virginia Contract· Co The lowest bid received is submitted by Berglund Chevrolet, Inc. at a cost of $15,500.00 per vehicle. ~g Cit~ of Roanoke, a public body in the Commonwealth of Virginia, is authorized under Section 2.1-454.1 of the Code of Virginia, to purchase through the State system. Police Vehicles Bid No. 90-10-66 Page 2 III. Pg~q~._.y_9_b~es, available under the current State Contract has a base price of $11,878.04· The contract units will need additional equipment to meet the requirements of the City specifications. The additional equipment, including materials and labor, is as shown on attachment "A", will increase the State Contract vehicle cost by $1,495.09 for a total cost of $~37_3~_ per unit. ~%~ch_m_gnt J'._B~ of this report compares the lowest bid to the State Contract. A $31,903.05 savings can be realized, for fifteen (15) units, if purchased from the State Contract. Police automobile fleet has been reduced by two (2} units, as the result of accidents, since the designation of Funds in the Capital Maintenance and Equipment Replacement Program. Some insurance reimbursement will be received. ~¢P~_~C~gD~._9~_~_h~_~_o__~.~ units lost through accidents can be achieved by utilizing the unexpended Capital Maintenance and Equipment Replacement Program funds saved by using the State Contract and insurance reimbursement. A. N~e.e_ ~d c. Fu__n~_d__A v _a_i3~ ~a_b_ i_ l_i~t_y Police Vehicles Bid No. 90-10-66 Page 3 IV. Alternatives Council provide for the purChase of police vehicles as follows: Seventeen (1~ new~olice automobiles from JKJ Chevrolet, Vienna, Virginia for the total cost of ~2~1,92__6.68. ~_g~_~h~_e_of a~_i_tional BGceggar~ 9_g~3P~, including materials and labor, for the above police automobiles for a total amount of ~25,~6.5~. a) ~e_d - Requested vehicles are necessary for the continuation of required Police duties. b) Compliance with SpGcifications - The installation of addition~ items shown on attachment "A" will allow those State Contract units to meet all required specifications· The additional equipment will be obtained through the competitive process as defined in the Procurement section of the Code of the City of Roanoke, (1979) as amended. c~ Fund availabilit~ - Designated Funds are available in the Capital Maintenance and Equipment Replacement Program and anticipated insurance reimbursements to provide for this purchase. Council provide for the purcha__s~ of Police vehicles as follows: Fifteen (15J__n~ew poljce ~utomobiles from JKJ Chevrolet, Vienna, Virginia for the total amount of ~178,170.60. Police Vehicles Bid No. 90-10-66 Page 4 ~D~p_ha~_~ of ~_~di~_n~l__D~cespD~~ 9_q_~i_pment, including materials and labor, for the above police automobiles for a total amount of $23,4~6.~. a) Need - requested vehicles are necessary for the efficient continuation of required police duties. b) Co~]p_~iance with ~P_fcifications - The installation of additio~-i- items shown on attachement "A" will allow those State Contract units to meet all required specifications. The additional equipment will be obtained through the competitive process as defined in the Procurement section of the Code of the City of Roanoke (1979] as amended. c) FuD_d a~a~la~j_ity - Designated Funds are available in the Capital Maintenance and Equipment Replacement Program to provide for this purchase. Rej ep_t_al 1 Bids ~e_e_~ - Required police duties may not be performed as efficiently as possible. ~om~iance with Spe~c~fications would not be a factor in this alternative· ~_g~_ay~.gb__il_~ty - Designated Funds would not be expended with this alternative. Police Vehicles Bid No. 90-10-66 Page 5 Recommendation C~Bqi~_~q~ wi~.!~_r~at~yg_~'~ to provide for the purchase of police automobiles as follows: 1. S~venteen (17) new Police automobiles from JKJ Chevrolet, Vienna, Virginia for the total cost of ~3j_926~_6_8_. Purchase of additional neces~DrM e__quipge~J_ for above police automobiles for a total cost of $25,416.53. Appro_qlqriate ~%2~_~Q00.00 from Capital Maintenance and Equipment Replacement Program and ~2,34~.21 from Insurance Recoveries, with a corresponding increase in the Revenue Estimate Account No. 001-020-1234-0862 as follows: -~!~9~ to Police Department Account 001-050-3113-9010 for the. purchase of the vehicles. $~.~41~5~ to Motor Vehicle Maintenance Account 006-052-2641-3005 for labor and materials for additional equipment for these vehicles. Police Vehicles Bid No. 90-10-66 Page 6 C. Reject all Committee: bids received Respectfully Submitted, Councilman, William White,/Sr. 'ge C~. Snead Chief, M. David Hoope~ Ja~ A. McClung D. Darwin Roupe cc: City Attorney Director of Finance Attachment "A" Listed below are those items, and prices, required in the City specifications that are not available on the unit on State Contract. Silicone Radiator and Heater Hoses Low Gear Lockout (Materials and Labor) Two (2) extra Keys Inoperative door jamb switches (Laborl Inoperative rear door & window handles Spotlight RH (Materials and Labor) Emergency Light Bar {Materials] Emergency Light Bar (Installation) Delivery Cost (Labor) Per VehiclD $ 125.00 30.O0 4.00 9.00 20.00 93.22 878.00 150.00 __ _1_8~. 87 Extended Cost for 17 Units $2,125 00 510 00 68 00 153 O0 340 O0 1,584 74 14,926.00 2,550.00 _ _3_~_%~ · 79 Total 5_1 ~. _4_9~5 .__0_9 _$_2_5~ _4. 1~6_~_5_3~ Attachment "B" Comparison State Contract vs. Berglund Chevrolet Contract Price Plus additions including delivery cost as shown on Attachment "a" Total $11,878.04 +1,495.09 ~13,373.13 Berglund Chevrolet Bid Less Contract Price with additions $15,500.00 -~3~373.13 Savings per Unit Savings per 15 Units 2,126.87 31,903.05 Bids were received, 1990 Bid Tabulation publicly opened and read at 2:00 P.M. November 8, For Police Automobiles Bid Number 90-10-66 Item 15 - New Police Automobiles per City of Roanoke Specifications Berglund Allred State Chevrolet Chevrolet Contract Inc. Inc. (JKJ Chevrolet) $15,500.00 each $17,139.00 each * $11,878.04 each Delivery 60-120 Days 105 Days 90 Days Committee: Councilman, William White,/Sr. Chief, M. David Hoop~r James McClung D. Darwin Roupe * Indicates Recommendation MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke, Virginia 24011 Telephone; (703)981-2541 January 24, 1991 SANDRA H. EAKIN Deputy City Clerk File #102-223 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30379-12291 approving issuance of Change Order No. 2 to the City's contract with Lanford Brothers Company, Incorporated, for rehabilitation of the deck of the Franklin Road Bridge over the tracks of the ~orfolk and Western Railway Company, in the amount of $90,404.30, for a total contract amount, including Change Order ~o. 2, of $621,036.30. Ordinance No. 30379-12291 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP : ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Hr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of January, 1991. No. 30379-12291. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the City's contract with Lanford Brothers Company, Incorporated for rehabilitation of the deck of the Franklin Road Bridge over the tracks of Norfolk and Western Railway Company; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2 to the City's contract with Lanford Brothers Company, Incorporated, dated May 14, 1990, authorized by Ordinance No. 30046-51490, to provide for the rehabilitation of the deck of the Franklin Road Bridge over the tracks of the Norfolk and Western Railway Company. 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT INCLUDING PREVIOUS CHANGE O~DER $530,632.00 Changes/Additions to contract pursuant to Change Order No. 2 described in City Manager's Report dated January 22, 1991 $ 90r404.30 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 2 $621,036.30 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 City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roarloke, Virginia 24011 Telephone: (703) 981-2541 January 24, 1991 SANORA H. EAKIN Deputy C~ty Clerk File #60-102-223 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Hr. Schlanger: I am attaching copy of Ordinance No. 30378-12291 amending and reordaining certain sections of the 1990-91 Capital Fund Appropriations, providing for the transfer of $49,415.00 from Handicap Compliance and $18,442.00 from Brandon Avenue Widening to Franklin Road Bridge Rehabilitation, in connection with issuance of Change Order No. 2 to the contract with Lanford Brothers Company, Inc., for rehabilitation of the Franklin Roaa Bridge over the tracks of the Norfolk and Western Railway Company. Ordinance No. 30378-12291 was adopted by the' Council of the City of Roanoke at a regular meeting held on Tuesday, January 22, 1991. Sincerely, ~//~~ Mary F. Parker, CMC/AAE City Clerk MFP:ra pc: Hr. W. Robert Herbert, City Manager Mr. ~illiam F. Clark, Director of Public Works Hr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Hr. Barry L. Key, ~anager, Office of Management and Budget the usual daily operation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd Day of January, 1991. No. 30378-12291. AN ORDINANCE to amend and reordain certain sections of the 1990-91 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for 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 1990-91 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Ar~ations General Government Handicap Compliance (1) ............................. Streets and Bridges Brandon Avenue Widening (2) ......................... Franklin Road Bridge Rehabilitation (3) ............. $5,410,029 1) Approp. from General Revenue (008-052-9507-9003) $(49,415) 2) Approp. from General Revenue (008-052-9638-9003) (18,442) 3) Approp. from General Revenue (008-052-9602-9003) 67,857 53,121 8,208,530 141,558 709,078 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia January 22, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 2 Rehabilitation of Franklin Road Bridge over the N&W Railroad I. Background: Construction cpntract for the rehabilitation of Franklin Road Bridge over the N&W Railroad was approved by City Council on May 14, 1990 for $481~293.00. This contract with Lanford Brothers Company, Incorporated also included $72~194.00 (15%) contingency. Bo Project estimate, developed before the project was bid, was $760~000.00 which included a 25% contingency to cover concrete repair overruns. Even though previous bridge reha- bilitation project had experienced large overruns, staff believed that a large project contingency for this project could tie up funds unnecessarily. Co Change Order No. 1 for $49~339.00 was approved by City Council on September 24, 1990. This change order was for pier reinforcement, 24 hour closure on weekends, structural steel work, approach slab replacement and sidewalk repair. In the Council Report for Change Order No. 1~ staff informed Council that the replacement of deteriorated concrete would require an additional change order. II. Current Situation: A. Superstructure and substructure repair began in September 1990 prior to approval of Change Order No. 1. Initial estimates by the gunite sub-contractor were that any overrun would be within the project contingency. As work progressed from the center of the bridge toward the abut- ments, the condition of the concrete deteriorated rapidly requiring substantially more concrete repair than previously estimated in the last several weeks of work. Page 2 Final billing indicates significant cost overruns for mortar patching, pneumatically applie~ mortar, and crack repair. The total overrun on the final billing is $90~404.30. With the remaining ~22~547.30 in contingency, this project has a funding shortfall of $67~857.00. $72,194.00 -49,339.00 -307.70 Original Contingency Approved by Council Change Order No. 1 Legal Advertisement $22,547.30 Remaining Contingency $90,404.30 -22~547.30 Total Overrun Remaining Contingency $67,857.00 Funding Shortfall Final project cost of ~621~036.30 represents a cost overrun of 29 percent over the original contract amount of ~481~293.00. However, this final cost is still 18 percent under the original project estimate of $760~000.00. Recent bridge rehabilitations by the City of Roanoke have experienced substantial cost overruns. The Walnut Avenue bridge over the N&W Railroad experienced substantial substructure repair like Franklin Road, while Main Street over the Roanoke River required substantial superstructure repair. Survey of various consultants, agencies, and contractors found that the problem experienced by the City on Franklin Road, Walnut Avenue, and Main Street are the norm. Consultants cannot get an accurate read on the extent of damages without destructive testing. Other agencies, including VDOT, typically experience cost overruns of 20 to 30 percent. As a result, VDOT usually includes a 25 percent contingency and gives the resident engineer authority to pro- cess certain change orders without Transportation Board approval. III. Issues of Importance: A. Public Safety B. Availability of Funds C. Cost D. Legal Page 3 IV. Alternatives: AJ Approve Change Order No. 2 in the amount of $90~404.30, authorize the Director of Finance to transfer $49~415.05 from account number 008-052-9507, Handicap Compliance, and $18~441.96 from account number 008-052-9638, Brandon Avenue Widening, to account number 008-052-9602-9065, Franklin Road Bridge Repair, and authorize the City Manager to sign all necessary agreements in a form approved by the City Attorney. 1. Public safety is insured by correcting structural problems on the Franklin Road Bridge. Funds are available in the project contingency, account number 008-052-9602-9065, account number 008-052-9507 and account number 008-052-9638. 3. Cost is reasonable based on bid cost fixed in the contract with Lanford Brothers Company, Incorporated. 4. Legal concerns would not exist. Do not approve Change Order No. 2 in the amount of $90~404.30. 1. Public safety is a moot issue since the work is complete. Funds will remain in account number 008-052-9602-9065, account number 008-052-9507 and account number 008-052-9638. 3. Cost is reasonable based on bid cost fixed in the contract with Lanford Brothers Company, Incorporated. 4. Legal problems would arise since the work is complete. V. Recommendation: A. Approve Change Order No. 2 in the amount of ~90~404.30 with Lanford Brothers Company, Incorporated. Authorize the Director of Finance to transfer $49~415.05 from account number 008-052-9504, Handicap Compliance, and ~18~441.96 from account number 008-052-9638, Brandon Avenue Widening, to account number 008-052-9602-9065, Franklin Road Bridge Repair, and authorize the City Manager to sign all necessary agreements in a form acceptable to the City Attorney. Page 4 WRH/JAP/mm cc: City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician Respectfully submitted, W. Robert Herbert City Manager January 22, 1991 FROM: SUBJECT: Honorable Mayor and Members of City Council Joel M. Schlanger Monthly Financial Report Attached is a copy of the financial report for the month of December, 1990. JMS/kp GENER~nJ~ ~ CON?INGEIqCY ]~J{J.,~J{CE AS OF DECE}{BER 31, 1990 General Ord. No. 30089 CMT CMT CMT CMT CMT CMT CMT 30244 30271 CMT CMT CMT CMT Contingency]: Balance July 1, 1990 Department Emergency Med. Services Management and Budget Custodial Services Custodial Services Custodial Services Director of Human Resources City Treasurer Management and Budget Commonwealth Attorney Animal Control Management and Budget City Manager Management and Budget City Manager Purpose Billing & Collection Srvc. Consolidation Study Expenses Excess Custodial Contract Funds Excess Custodial Contract Funds Excess Custodial Contract Funds Rent for Health Department Filing Unit Consolidation Study Expenses Secretarial Position S.P.C.A. Contract Consolidation Study Expenses Community Relations Task Force Consolidation Study Expenses Conununity Relations Task Force $ 426,895 22,500) 2,393) 5,000 5,000 944 3,100) 1,865) 533) 1,697) 6,800) 1,273) 5,000) 1,368) ( 5,000) 386,310 Maintenance of Fixed Assets Contingency: Balance July 1, 1990 200,000 Equipment Replacement Contingency: Balance July 1, 1990 Ord. No. Department CMT Sheriff 30226 Building Maintenance Purpose Equipment Fire Station Alterations $ 600,000 ( 2,000) ( 3,732) 594,268 1 GENERAL FUND CONTINGENCy BALANCE AS OF DECE~R~=R 31, 1990 (continued) Supplemental Budget - Employee Uniforms: Balance July 1, 1990 Supplemental Budget - Employee Co~ensation: Balance July 1, 1990 Total Contingency Balance $ 89,700 139~713 2 CITY OF ROANOKE GENEI~Ju FUND STATEMENT OF REVENUE General PropertF Taxes {~ther Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Mone~ & Property Education Grants-in-Aid Commonwealth 6rants-in-~id Federal Government Charges for Current Services Miscellaneous Revenue Internal Services Total Year to Date for the Peri~ (k~-re~t Fiscal Year ~st~te ~ece~e~ $16,837,269 $17,655,064 4.86% $ 48,816,705 36.17% 11,296,778 12,796,031 13.27% 37,730,000 33.91% 207,243 296,065 42.86% 570,218 51.92% 294,715 334,928 13.64% 593,000 56.48% 74],486 709,302 (4.34%) 1,596,170 44.44% 14,097,264 14,222,130 0.89% 33,336,659 42.66% 8,345,609 9,008,163 7.94% 24,409,993 36.90% 20,622 26,985 30.06% 28,000 96.38% 1,190,820 1,471,288 22.73% 3,003,046 48.99% 135,527 445,675 228.85% 502,979 88.61% 764,375 906,674 18.62% 1,588,800 57.07% $53,939,708 $57,873,105 7.29% $152,175,570 38.03% CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCIB~RANCES 6eneral Government Judicial Administration Public Safety Public Works Health and We]fare Parks, Recreation & Cultural Community Develo~an% Education Debt Service Non-Departmental Total ¥~r t~ Date f~x t~e Peri~ JniX 1-Dec. 31 J~ly 1-Dec. 31 ~er~e~+-~-. ~ 1989-9~ 1990-91 of ~ B~I -',~,e $ 3,902,265 $ 4,237,370 8.59% $ 4,375,947 1,464,088 1,696,342 15.86% 1,703,762 12,739,377 13,160,867 3.31% 13,865,593 ]0,575,245 9,792,373 (7.40%) 8,985,862 5,755,820 6,533,360 13.51% 7,142,079 2,064,807 1,954,894 (5.32%) 1,983,132 808,240 671,397 (16.93%) 791,107 28,333,323 29,703,571 4.84% 36,131,310 5,967,548 6,237,117 4.52% 2,596,633 664,355 257,313 (61.27%) 4,103,348 $72,275,068 $74,244,604 2.73% $81,678,773 $ 8,613,317 49.20% 3,400,104 49.89% 27,026,460 48.70% 18,778,235 52.15% 13,675,439 47.77% 3,938,026 49.64% 1,462,504 45.91% 65,834,881 45.12% 8,833,750 70.61% 4,360,661 5.90% $155,923,377 47.62% CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES AND UNENCUMBERED APPROPRIATIONS ~Y AS OF DECEMBER 31, 1990 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic ~gineering & Cc~unication Other Infrastructure Projects Capital Impr ov~ment Reserve $ 5,459,444 9,690,126 660,000 5,260,373 5,182,229 1,305,076 $ 681,500 $ 6,140,944 $ 4,219,699 $ 1,921,245 $ 71,952 $ 1,849,293 2,040,938 11,731,064 7,257,287 4,473,777 264,012 4,209,765 660,000 625,791 34,209 1,911 32,298 2,948,157 8,208,530 4,816,203 3,392,327 ~,615,639 1,776,688 993,053 6,175,282 5,327,230 848,052 460,710 387,342 1,305,076 1,033,563 271,513 24,226 247,287 14,555,689 1,604,424 16,160,113 858,975 15,301,138 11,892,687 3,408,451 4,145,090 (10,219,931) (6,074,841) - (6,074,841) (6,074,841) Total Capital Projects Fund $46,258,027 $(1,951,859) $ 44,306,168 $24,138,748 $ 20,167.420 $14.331.137 $ 5,836,?8% 5 CITY OF ROANOKE WATER FUND COMPARATi~FE INCOME STATEMEI~ FOR THE 6 MONTHS E~DED DECEmBeR 31, 1990 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Sale of Land Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net Income 1990 $ 619,373 842,893 50,664 9,751 485,074 180t164 2~187t919 433,502 792,432 181,272 106t833 1~514~039 673,880 351~309 322~571 85,255 2,850 2,746 10~000 100~851 423,422 2~000 2tO00 ~ 421t422 1989 $ 550,998 734,469 52,904 25,065 482,125 96~339 1{941~900 411,199 757,070 175,128 82~006 1~425~403 516,497 344~049 172~448 101,482 2,475 2,341 106t298 278,746 5t000 5,000 $ 273t746 WATER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect New Services, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants Water Maintenance - Painting FC Plans and Specs FY 86 Project Design Edgewood Replacement Falling Creek Pl~t Rehab. Ph. I Thirlane Road Realignment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 299,776 224,421 7,344 3,391 124,339 12,103 5,794 313,651 22~943 1,013,762 126~137 $ 887~625 NOTE: Some of these projects are continued from prior years with inception to date totals. 7 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDED DECEMBER 31, 1990 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County ~lstomer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Ex~. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses 1990 $ 2,210,395 313,982 113,032 454,509 27,820 36,194 8~308 3t164r240 666,823 2,188~292 2,855t115 309,125 474r626 165,501) 75,879 47,220 123~099 ( 42,402) 33t400 33t400 1989 $1,995,636 524,685 156,161 741,356 22,406 55,244 7t442 3,502r930 636,266 2r047~922 2r684r188 818,742 462,803 355r939 121,218 69r314 190r532 546,471 42t188 42r188 Net Income (Loss) 75,802) $ 504~283 8 Capital Outlay Not Included in Operating Expenses: Project Unidentified Construction FY 86 Projects Design STP Land Acquisition STP - Dechlor Facility Williamson Road Storm Drain Ph. 2, Cont. IIE Williamson Road Storm Drain Ph. 2, Cont. IF Roanoke Diesel Engine #7 Williamson Road Storm Drain Ph. 2, Cont. IG Realignment of Thirlane Road Year to Date Expenditures $ 77,956 36,097 25,721 400,502 160,328 27,236 771,610 320,780 31~365 Total Project F~xpenditures Less Prior Year Expenditures Total Current Year Expenditures 1,851,595 557r638 $1~293~957 NOTE: Some of these projects are continued from prior years with inception to date totals. 9 ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATE~IE[~ FOR 'r~n~ 6 MONT~S ENDED DECE~R~R 31, 1990 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal and Other Property Rentals Advertising Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income (Loss) Add: Non-Operating Income Interest on Investments Interest Income - Airport Debt Service Accounts Miscellaneous State Promotion Grant Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Paying Agent Fees Interest Expense 88 Revenue Bond Issue Total Non-Operating Expenses 1990 407,240 104,735 607,827 24,923 1,039,838 12~902 2~197~465 480,722 711~787 1~192~509 1,004,956 537~365 467~591 122,509 26,524 3,430 15~000 167~463 635,054 46,921 2,304 231~092 280~317 1989 $ 211,104 81,843 304,956 12,974 932,503 18~233 1,561~613 407,921 715~330 1,123~251 438,362 451~868 13,506) 113,535 10,954 124~489 110,983 50,185 3,104 136~603 189~892 Net Income (Loss) $ 354~737 78,909) 10 ROANOKE REGIONAL AIRPORT COMMISSION CONTINUED Capital Outlay Not Included in Operating Expenses: Project Furniture and Equipment Vehicular Equipment Paint. Hangars Unidentified Construction Repaint R/W & T/W Markings Roof Repairs - Replacement Repairs to Hangars Rework Security Gates Airside Inspect Testing Analysis Environment Safety Assessment Runway Extension ~23 New Terminal Building Terminal Related Projects General Aviation Development FAR Part 150 Noise Study Total Project Expenditures Loss Prior Year Expenditures Total Current Year Expenditures Year to Date ExI~nditures $ 1,347 15,481 7,000 3,169 1,255 27,126 4,950 3,197 2,500 1,035 283,886 24,271,052 71,615 23,768 77,533 24,794,914 24~128~842 $ 666r072 NOTE: Some of these projects are continued from prior years with inception to date totals. CITY OF ROANOKE Cl~IC CENTER FUND COMPARAT/VE INCOME STAS~9~T FOR THE 6 MONTHS ENDED DECENRRR 31, 1990 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Communications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Net (Loss) 1990 $ 183,032 29,944 58,456 1,489 34,992 47,116 355,029 292,457 130,482 388,949 22,710 2,601 837,199 482,170) 175,341 657,511) 17,407 569,948* 587,355 70,156) 1989 164,986 23,441 53,733 1,230 38,244 40,863 322,497 2?2,043 134,505 315,736 33,142 5,497 760~923 438,426) 171,531 609,957) 23,654 2,772 26~426 583,531) *Significant increase due to insurance proceeds for fire damage 12 CIVIC CENTER FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Other Equipment Trade Center Fire Alarm System Asbestos Abatement Auditorium Auditorium Fire Damage Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures $ 31,692 50,000 29,541 72,370 479,318 662,921 78,063 $584,858 NOTE: Some of these projects are continued from prior years with inception of to date totals. 13 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 6 MONTHS ENDED DECE~BRR 31, 1990 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income 1990 $3~945,661 3~945~661 2,039,863 993~696 3~033~559 912,102 255,908 656,194 62~315 62~315 $ 718~509 1989 $3~283~759 3~283~759 1,895,595 1~010~965 2~906~560 377,199 344~031 33,168 70~833 70~833 $ 104~001 14 INTERNAL SERVICE FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project MS - Furniture and Equipment CIS - Other Equipment CIS - Automated Library Equipment MC - Other Equipment MVM - Other Equipment ULS -- Vehicular Equipment ULS - Other Equipment Year to Date Expenditures $ 89,093 13,552 731,618 14,779 10,271 105,202 69~121 Total $1~033r636 15 CITY OF ROANOKE, UIRGINIA CITY TREASURER'S OFFIC£ GENERAL STATEN£NT OF ACCOUNTABILITY FOR THE NONTM OF O[CENB[R 31, 1990 TO THE DIRECTOR OF FINANCE: GENERAL STATENENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF FOR THE FONDS OF SAID CITY THE NONTH ENDED DECENBER 31, 1990. ROANOKE, VIROINIA FUNO BALANCE AT RECEIPTS DISBUDSEMENTB BALANCE AT BALANCE AT NOY. BO, 1990 OEC. O1, 1990 OEC. 3I~ 1989 GENERAL $3,175,BDB.B6 $8,509,915.63 $14,008,41B.55 ~$D,BBD,307.66) K8,465,616.99 HATER KB,4BB,549.54 $374,981.96 $?I0,760.E4 $B,086,771.96 $D,43R~421.68 SEWAGE Sl,867,410.95 $919,648.33 S1,189,154.55 Sl,597,906.03 $2,571,633.91 AIRPORT $3,B3D,749.SB $464,349.63 $271,571.&7 $3,4ES,SDO.48 S2,471,31B.66 CIVIC CENTER $154,354.3B $546,31E.05 $155,436.17 S545,23B.BO $333,EE6.54 INTERNAL ~ERUICE $1,846,894.90 S736,455.37 S674,744.99 $1,908,605.9D KB,144,900.BB CAPITAL S18,~39,902.94 S114,562.96 $591,754.55 $19,0&2,711.39 S13,492,521.9B DEBT SERVICE $371,087.19 $1,713,759.59 $9,069,387.05 $99,459.73 $03,897.04 FIFTH DIST CONSORTIUN S1B1,004.91 $197,484.49 $309,562.48 tlB,92&.D5 $19&,B&l.53 gRANT PROGRAMS 15813,B76.631 $1,324,B66.08 $1,260,111.33 ($749,121.88) ($844,§B7.0&l WELFARE tl,873.45 $0.00 S0.00 $1,B73.45 ($368,548.07) PAYROLL I$1,SST,6B7.47) $9,5§5,489.0B $10,B18,654.79 ($9,29D,793.B4) ($3,425,945.0B) RETIREHENT 1B15.$9 $415,000.00 $5BB,740.&4 ~$110,924.75) $0.00 TOTAL $29,363,0B9.37 $B4,871,518.04 $31,975,290.31 $B2,259,957.10 $D~,422,872.98 CEDTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEHENT OF MY ACCOUNTADILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNOS OF THE UARIOUB ACCOUNTS THEREOF FOR THE NONTH ENDINO OECENBER 31, 1990 THAT 5AIO FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITED STATES SECURITIES TOTALS CASH IN HAND $174,454.9& $174,454.9B CASH IN BANK S1,184,802.84 S1,184,802.84 INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COREAST SAYINGS BANK $3,000,000.00 $B,O00,O00.O0 DOMINION BANK S3,000,000.00 S5,400,000.00 $8,400,000.00 PERPETUAL SAYINGS YANK $6,500,000.00 $6,500r000.00 SIGNET BANK $3,000,000.00 $3,000,000.00 TOTALS $1,B59,957.10 $15,500,000.00 $§,400,000.00 $P2,259,257. lO ~ ROANOKE CITY T~EASUflE~ 16 CITY OF ROANOKE PENSION PLAN STA~ENT OF REVENUE AND EXPENSES FOR ~HE 6 MONR~IS ENDED DECEMBER 31, 1990 REVENUE City's Contributions Investment Income Gain (Loss) on Sale of Investments Income from Bond Discount Amortization Total Revenue 1990 $ 2,490,867 2,316,811 ( 238,223) 87~422 $ 4~656r877 1989 $ 2,661,215 1,965,835 600,346 129r288 $ 5r356~684 EXPENSES Pension Payments Fees for Professional Services Active Service Death Benefit Expense from Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $ 2,591,027 145,658 41,436 78,138 126~685 2~982~944 $ 1~673~933 $ 2,411,877 145,850 8,023 101,388 132~744 2~799~882 $ 2~556~802 17 CITY OF ROANOKE PEIqSION PLAN BALANCE SHEET AS OF DECENRF~ 31, 1990 ASSETS cash Investments: (market value - 1990 $112,619,180 1989 $108,380,469) Total Assets 1990 1989 120,680)(1) $ 1,233 106~633~717 98~364~643 $98~365,876 LIABTI.TTIES AND FUND BALANCE Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance 415,384 (1) 415~384 104,423,720 lt673~933 106f097e653 106~513t037 $95,809,074 2~556~802 98t365~876 ~98~365~876 (1) Balance reflects the consolidation of the Pension Plan accounting into the general ledger accounting system on July 1, 1990. MARY F. PARKER C*ty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W,Room 456 Roanoke. Virginia 24011 Telephone: (703) 981-2541 January 22, 1991 SANDRA H. EAKIN Deputy City Clerk File #467 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as amended, establishing a procedure for the election of School Board Trustees, this is to advise you that the three year terms of ~rs. Marilyn C. Curtis, ~rs. Velma B. Self and Mr. James M. Turner, Jr., will expire on June 30, 1991. According to Section 9-16, on or before February 15 of each year, Council shall announce its intention to elect trustees of ~he Roanoke City School Board for terms commencing July I through (1) public announcement of such intention at two consecutive regular sessions of the Council and (2) advertisement of such intention in a newspaper of general circulation in the City twice a week for two consecutive weeks. Section 9-17 provides that all applications must be filed in the City Clerk's Office by March 10. Inasmuch as qarch 10 falls on a Sunday, applications will be received until 5:00 p.m., on qonday, March 11, 1991. Application forms will be available in the City Clerk's Office and may be obtained between the hours of 8:00 a.m., and 5:00 p.m., qonday through Friday. Information describing the duties and responsibilities of School Board Trustees will also be available. Periodically over the next four months, I will keep the Council informed of the various steps to be followed throughout the selection process. Sincerely, ~~ ~4ary F. Parker, CMC/AAE City Clerk MFP:ra SB:PROCE MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215ChurchAvenue, S W,Room456 Roanoke. V~rgmla 24011 Telephone: (703)981-2541 January 24, 1991 SANDRA H. EAKIN Deputy City Clerk File #514 Mr. & Mrs. Donald L. Graybill Route 2, Box 317-11 Vinton, Virginia 24179 Dear ~4r. & Mrs. Graybill: I am enclosing copy of Ordinance No. 30365-12291 permanently vacating, discontinuing and closing three alleys situated in Block 2, Map of Edgewood Addition, located between 8th and 8½ Streets, S. E. Ordinance No. 30365-12291 was adopted by the Council of the City of Roanoke on first reading on ~onday, January 14, 1991, also adopted by the Council on second reading on Tuesday, January 22, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. Mr. E. R. McDannald, Jr., P. O. Box 736, Morgantown, West Virginia 26507 Mr. Charles W. McGuire, 804 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Isabell Dooley, 212 Eighth Street, S. E., Roanoke, Virginia 24013 Mr. Phillip J. Malouf, 4025 Mudlick Road, S. ~., Roanoke, Virginia 24018 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Oibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Van W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. & Mrs. Donald January 24~ 1991 Page 2 L. Graybill Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles ~. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK January 24, 1991 SANDRA H, EAKIN Deputy C*ty Clerk File #514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Hiss Testerman: I am attachinq copy of Ordinance No. 30365-12291, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of three alleys situated in Block 2, Map of Edgewood Addition, located between 8th and 8½ Streets, S, E. Ordinance No. 30365-12291 w~s adopted by the Council of the City of Roanoke on first reading on Monday, January 14, 1991, also adopted by the Council on second reading on Tuesday, January 22, 1991, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc. pc: Mr. & Mrs. Donald L. Graybill, Route 2, Box 317-11, Virginia 24179 Vinton, IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd Day of January, 1991. No. 30365-12291. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Donald L. and Shirley Graybill have filed an applica- tion to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public rights-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on said application by the City Council on January 14, 1991, 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 rights-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 rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Portions of three (3) alleys, described as being situated in Block 2, as shown on the Map of Edgewood Addition, and lying between 8th and 8-1/2 Street, S.E., the first of said alleys lying between Official Tax Nos. 4110927 and 4110928, the second of said alleys lying be- tween Official Tax Nos. 4110918, 4110919, and a portion of 4110921, and the third of said alleys lying between Official Tax Nos. 4110901, 4110913, and a portion of 4110903. are, and they hereby are, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, reserving, however, to the City of Roanoke any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroach- ments 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 rights-of- way of by the BE any such municipal installation or other utility or facility owner thereof. IT FURTHER ORDAINED that the closure of the above-described rights-of-way is conditioned upon applicants' providing to the City a properly executed subdivision plat for review, approval and recordation, showing thereon the division of the subject alley sec- tions according to established title or by mutual agreement of the owners of properties abutting thereto; and installing a chain-link fence, 8' in height across the second of said alleys lying between Official Tax Nos. 4110918, 4110919, and a portion of 4110921, and the third of said alleys lying between Official Tax Nos. 4110901, 4110913, and a portion of 4110903, the location of both fences to he determined on the final plat of subdivision approved by the City, and the maintenance of said fences to be the responsibility of the owners thereof; and, in the event these conditions have not been met within one (1) year from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public rights-of-way on all maps and plats on file in his office on which said rights- of-way are shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of this Council deliver' to the Clerk of the Circuit Court of the City of Roanoke, Virginia. a certified copy of this ordinance for recordation in the Deed - 3 - Books o£ said Clerk's Office, i~dexinE the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of Donald and Shirley Graybill, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. - 4 - Roanoke Cily Planning Commission January 14, 1990 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amended Request from Donald L. and Shirley Graybill to vacate and close three (3) alley sections situated in Block 2, Map of Edgewood Addition, between 8th and 8 1/2 Streets, S.E. I. Background: ao ApDlication requests the closure of specific sections of a public alley system that extends through block 2, which is bounded on the north by Campbell Avenue; on the west by 8th Street; on the south by Tazewell Avenue and on the east by 8 1/2 Street, S.E. Sections of the alley system as requested for closure are identified as to location and position as shown and numbered on the attached map "A" as alleys 1 through 3. Alley number 1 is approximately 40' long and only 5' wide. This alley is undeveloped, has no curb cut entrance from 8 1/2 Street, and does not appear to have been used at any time in the past for public right-of-way purposes. De Alley number 2 is a standard 10' wide alley that is approximately 130' long. This alley section is bordered on each side by concrete walls at its intersection with 8th Street, S.E. Position and close proximity of walls restricts vehicular turning movements into and passage through this specific alley section. 355 Municipal Building 215 Church Avenue, S.W Poanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 January 14, 1990 Alley number 3 is 15' wide and approximately 130' long. Alley section is graveled but is in poor condition. Alleys numbers 2 and 3, both have standard alley entrances (curb cuts into 8th Street, S.E. II. Current Situation: ao Applicants own certain properties abutting the alley system. Applicant's properties are identified on the attached map "B" as official tax nos. 4110912, 4110916, 4110917, 4110918, 4110928. Application states that the alleys are being used mostly by outside transient pedestrian and vehicular traffic for purposes that are detrimental to the well-being of the immediate neighborhood. Alley system extending behind properties that front on Tazewell Avenue is purposely blocked on a regular basis by a parked vehicle (at point marked "X" on map A) to prevent passage of undesirable transient vehicular traffic through the area. Police Department acknowledges that the immediate area is a source of consistent complaints and incidents relating to illegal solicitation activities. Application was initially reviewed by the Planning Commission at its regular meeting of November 7, 1990. Application requested the closure of the entire alley system within the respective City block (block 2). Abutting property owners, Mr. Charles McGuire (804 Tazewell) and Mrs. Ada Overstreet (816 Tazewell) expressed concern and opposition to the request to close the entire alley system. Planning Commission tabled the application for a period of 30 days in order to provide the applicant with ample time to meet with all abutting property owners concerning the subject alley closure request. Applicant complied with the Commission's request and thereafter filed an amended petition reducing the total area of the alley closure. Planning Commission reviewed the amended application on December 5, 1990. No opposition to the application, as amended, was expressed by the public in attendance at the public hearing. III. Issues: A. Neighborhood impact. Members of Council Page 3 January 14, 1990 B. Traffic impact. C. Utilities within the right-of-way. D. Creation of a dead-end alley. E. Land use. F. Public services. G. Relationship to the comprehensive plan. IV. Alternatives: ae City Council approve the applicant's request to close the alleys, subject to the conditions outlined in part V. Recommendation. 1. Neighborhood impact. Installation of chain link fences across the former entranceways of alleys #2 and #3 will block access to vehicular traffic from 8th Street, S.E. Fences will eliminate the alleys use for through traffic. (see recommended location of fences on attached map "A"). Closure of the subject alley sections will allow the abutting property owners to acquire title to the land within the vacated alley sections and will thereby provide the legal means for the property owners to prosecute future trespassers. Traffic impact. Closure will have no impact on traffic or traffic needs in the area. 3. Utilities within the public right-of-way. City has utilities within the alley sections requested for closure. be C & P Telephone Company has a facility in the north side of alley number 3. Correspondence received by staff indicates that there are no other utilities within areas requested for closure. 4. Creation of a dead-end alley. Closure will not create a dead-end alley. Members of Council Page 4 January 14, 1990 Be Land use. Conditions made subject to the Commission's recommendation in part V. will provide for the proper transition of title and future use of the subject alley sections. 6. Public services: Fire Department: Original application (October 3, 1990) requested closure of the entire alley that extends behind properties fronting on Tazewell Avenue. Fire Department objected to closure of that section of the alley that extends westerly from 8 1/2 Street because of the location of two (2) auto paint and body shops (hazardous uses). Amended application deleted that section of alley from the closure request. Fire Department has stated that it has no objection to the closure as currently requested. Refuse Collection: Department of Refuse Collection has no objections to the closure of the subject alleys. Police department has no objections to the closure and is further of the opinion that closure of the alleys would restrict activities to the open street area, thereby, improving their efforts to control illegal solicitation activities within the immediate area. Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Alley sections are not required or needed by the City for public services. Abutting property owners could utilize the land within the alley sections (if desired) in a more efficient manner to increase and promote the future safety and security of their properties and the immediate area. City Council deny the applicant's request to close the subject alleys.. Neighborhood impact. Alleys use, by transient traffic, will continue as a negative impact on some abutting property owners. Members of Council Page 5 January 14, 1990 2. Traffic impact. Traffic will not be affected. Utilities within the public riqht-of-way. Utilities will be unaffected. Creation of a dead-end alley will not be an issue. Land use. Alley use will continue to be used for purposes of evading police surveillance of illegal solicitation activities. 6. Public services would not be an issue. Relationship to the comprehensive plan. Alley sections are apparently not being used for their intended purpose, "to afford a secondary means of access to abutting properties." If the subject alley sections are being used solely for outside interests and as such provide no access or advantage to the abutting property owners, then the intent of the comprehensive plan is not being fulfilled. V. Recommendation: Planning Commission recommends by a vote of 7-0, that City Council approve Alternative A thereby approving the application for closure, subject to the following conditions: That the applicants agree to provide to the City a properly executed subdivision plat for review, approval and recordation, showing thereon the division of the subject alley sections according to established title or by mutual agreement of the owners of properties abutting thereto. That the applicants agree to install a chain-link fence, 6' in height across alleys #2 and 93 at location to be determined and shown on the final plat of subdivision, to be reviewed and approved by the City. Installation and future maintenance of said fences to be placed upon said plat as a restrictive covenant. That if the above listed conditions have not been met and provided for within a period of twelve (12) months from the date of the ordinance effecting the subject closures, then such ordinance shall become null and void with no further action by City Council being necessary. Members of Council Page 6 January 14, 1990 Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Applicant ALLEY NO. 2 ALLEY NO. 3 MAP "A' IL "N 4i'lOel Office of the City Cle~ October 18, 1990 File #514 Ur. Paul C. 8uford, Jr. Vice-Chairman City Planning Cotr~ission Roanoke, Virginia Dear ~r. Buford: Pursuant to §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 ~r. & ~rs. Donald L. Graybill, requesting that three alleys situated in Block 2, ,Hap of Edgewood Addition, lying between 8 aaa 8~ Streets, S. E., be permanently vacated, discon- tinued and closed. Sincerely, ~/~ ~4ary F. ParKer, C~C/~.~E City Clerk ~fFP : r a ST. C[,OSE63 pc: ~r. & Mrs. Donald L. Graybill, Route 2, 6ox 317-11, Virginia 24179 ~ John R. ,2arlles, Agent/Secretary, City Planning Commission Ur. Ronald R. ~iller, Zoning Administrator Mr. Edward R. Tucker, City Planner ~r. Steven J. Talevi, Assistant City Attorney Vinton, Room 456 Municipal Building 215 Churct~ Avenue. S.W. Roanoke, Virginia 24011 (703) 981.2541 IN RE: IN THE COUNCtL OF THE C;HY OF ROANOKE, VIRGI~IIA Amended Application of Donald L. Graybill and Shirley Graybill to vacate and close three (3) alleys as situated in Block 2, Map of Edgewood Addition, between 8th and 8-1/2 Street, S.E. ) Amended ) Application for vacating ) public alleys lying ) between 8th and 8-1/2 ) Streets, S.E. Members of Council: Donald L. Graybill and Shirley Graybill herein make application to the City of Roanoke to close and vacate portions of three (3) public alleys, described as being situated in Block 2, as shown on the map of Edgewood Addition, and lying between 8th and 8-1/2 Street, S.E. The subject alleys ar.e more particularly described on the attached map as Alleys 1 through 3. The applicants state that the grounds for this application are as follows: 1. The alleys have become havens for illegal and illicit activities such as prostitution, drug sales, vagrants, winos, etc. The alleys as public fight-of-way afford these transient activities the protection and freedom of movement through the immediate and abutting properties, at all hours of the day and night. 3. Tree growth and weeds affect the proper use of thc alley(s) in some areas and are not maintained in a proper manner. Closure and vacation of said alleys will allow the abutting property owners to claim respective portions of the alleys, thereby eliminating the legal right of the public to usc the alleys for the needless and unnece~ary passage of transient pedestrian traffic through the neighborhood. The applicants therefore desire to have said alle~ closed and permanently vacated, pursuant to Sect/on 30-14 of the Code of the City of Roanoke and Section 15.1-364 of the Code of thc Commonwealth of Virginia (19.50) as amended. Respectfully submitted, DONALD L. GRAYBILL ff Inl ~J III I I--- ~ 411ZO0,S .~, , 411~007 4110901 r~ 41tIOZO 41110Zl 411/0e4) Office of the City Clerk December 27, 1990 File #514 Hr. & Mrs. Donald L. Graybil[ Route 2, Box 317-11 ¥inton, Virginia 24179 Dear Mr. & ~rs. Craybill: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant your request that three alleys situated in Block 2, ~ap of Edgewood Addition, located between 8 and 8~ Streets, S. E. be permanently vacated, aiscontinued and closed. ' Pursuant Fo Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for ~onday, January 14, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report shoula be directed to Mr. John R. Ma rlles, Chief of Community Planning, at 981-2344. ~FP:ra PUBLIC63 Enc o Sincerely, _~~ Mary F. Parker, CMC/AAE City Clerk Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Mr. & Mrs. Donald December 27, 1990 Page 2 L. Graybill pC: Mro E. R. McDannald, Jr., p. O. Box 736, ~organtown ½~est Virginia 26507 ' Mr. Charles W. HcGuire, 804 Tazewell Avenue, S. E. Roanoke, Virginia 24013 ' Ms. Isabell Dooley, 212 Eighth Street S. E. Roanoke, Virginia 24013 ' ' Hr. Phillip J. ~alouf, 4025 Mudlick Road S. ~. Roanoke, Virginia 24018 ' ' Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Hr. Steven J. Talevi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Hr. Von W. Moody, III, Director of Real Estate Valuation Hr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Hr. ~illiam F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations ~r. Charles M. Huffine, City Engineer ,Hr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk December 27, 1990 File #51-514 The Honorable ~ayor and ~embers of the RoanoKe City Council Roanoke, Virginia Dear Mrs. Bowles ana Gentlemen: Pursuant to Resolution No. 25523 adopted by the Council on ~onday, April 6, 1981, this is to advise you that I have set public hearings for Monday, January 14, 1991, at 7:30 p.m., on the following matters: (1) Request of Mr. & Mrs. Donald L. Graybill that three alleys situated in Block 2, Map of Edgewood Addition, located between 8 and 8½ Streets, S. E., be ~ermanently vacated, discontinued and closed. Request of Mr. Edward A. Natt, Attorney, repre- senting Showtimers of Roanoke Valley, Inc., ihat a tract of land lying on the southwesterly side of Mc~itty Road near its intersection ~ith Bruceton Road, S. ~., identified as Official Tax No. 5100908, be rezoned from RS-l, Residential Single Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered ~y the petitioner. (3) Request of Total Action Against Poverty in the ~oanoke Valley, Inc., for adoption of a resolution pursuant to §30-19.04, Code of Virginia (1950), as amended, for desiqnation of property to be exempt from taxation. Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 The Honorable Mayor and Members of the Roanoke City Council December 27, 1990 Page 2 For your information, I am enclosing copy of the City Planning Commission reports on the abovedescribed rezoning and street and alley closure. If you desire additional information prior to the public hearings~ please do not hesitate to call me. ~FP:ra PH.LET1 Eno o pc: Mr. ~. Robert Herbert, Mr. Earl B. Reynolds, Mr. Steven J. Talevi~ Sincerely, Nary F. Par~er, City Clerk C~C/AAE City Manager Jr., Assistant City Manager Assistant City Attorney ROANOKE TIMES & "ORLD-NEWS Ag NUMBER - 122608~00 PUBLISHER'S FEE - $115,50 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM ~50 MUNICIPAL BLDG ROANOKE VA 2~011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, ITHE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION~ WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWSy A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA9 DO CERTIFY THAT THE ANNEXED NOTICE wAS PU~LISHEO IN SAID NEWSPAPERS ON THE FOLLOWING DATES 12/28/90 MORNING 01/0~/91 MORNING , TH[..S ?TH. (]AY OF JANUARY 1991 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, January 14, 1991, at 7:30 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 the following public rights-of-way: Portions of three (3) alleys, described as being situated in Block 2, as shown on the Map of Edgewood Addition, and lying between 8th and 8-1/2 Street, S.E., the first of said alleys lying between Official Tax Nos. 4110927 and 4110928, the second of said alleys lying be- tween Official Tax Nos. 4110918, 4110919, and a portion of 4110921, and the third of said alleys lying between Official Tax Nos. 4110901, 4110913, and a portion of 4110903 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 21st day of December , 1990. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, December 28, 1990, and once on Friday, January 4, 1991, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Office of the City Clerk October 18, 1990 File #514 Hr. Paul C. Buford, Jr. Vice-Chairman City Planning Commission Roanoke, Virginia Dear Mr. Buford: pursuant to §30-14, Procedure for altering or vacating City ~treets or alleys; fees therefor, of the Code of the City of ioanoke (1979), as amended, I am enclosing copy of an amended pplication from Mr. & Mrs. Donald L. Graybill, requesting that hree alleys situated in Block 2, Map of Edgewood Addition, lying etween 8 and 8~ Streets, $. E., be permanently vacated, discon- tinued and closed. Sincerely, ~//~~ ~ary F. Par~er, CMC/AAE City Clerk MFP:ra ST.CLOSE63 Eac. pc: ~r. & Mrs. Donald L. Graybill, Route 2, Box 317-11, Vinton, Virginia 24179 ~r. John R. ~arlles, Agent/Secretary, City Planning Commission Hr. Ronald H. ~iller, Zoning Administrator Mr. Edward R. Tucker, City Planner ~r. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Amended Application of Donald L. Graybill and Shirley Graybill to vacate and close three (3) alleys as situated in Block 2, Map of Edgewood Addition, between 8th and 8-1/2 Street, S.E. ) Amended ) Application for vacating ) public alleys lying ) between 8th and 8-1/2 ) Streets, S.E. Members of Council: Donald L. Graybill and Shirley Graybill herein make application to the City of Roanoke to close and vacate portions of three (3) public alleys, described as being situated in Block 2, as shown on the map of Edgewood Addition, and lying between 8th and 8-1/2 Street, S.E. The subject alleys are more particularly described on the attached map as Alleys 1 through 3. The applicants state that the grounds for this application are as follows: 1. The alleys have become havens for illegal and illicit activities such as prostitution, drug sales, vagrants, winos, etc. The alleys as public right-of-way afford these transient activities the protection and freedom of movement through the immediate and abutting properties, at all hours of the day and night. 3. Tree growth and weeds affect the proper use of the alley(s) in some areas and are not maintained in a proper manner. Closure and vacation of said alleys will allow the abutting property owners to claim respective portions of the alleys, thereby eliminating the legal right of the public to use the alleys for the needless and unnecessary passage of transient pedestrian traffic through the neighborhood. The applicants therefore desire to have said alleys closed and permanently vacated, pursuant to Section 30-14 of the Code of the City of Roanoke and Section 15.1-364 of the Code of the Commonwealth of Virginia (1950) as amended. Respectfully submitted, DONALD L. GRAYBILL '~ 4~t2004 ~ 41109ZG 4~i~OG 4ilZlO? ~l IZZOZ ~, Office of the City Clerk September 17, 1990 File #514 Mr. Michael M. Wa ldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to §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 Hr. & Mrs. Donald L. Graybill, requesting that four alleys situated in Block 2, Map of Edgewood Addition, lying between 8 and 8½ Streets, S. E., be permanently vacated, discontinued and closed. MFP:ra ST.CLOSE63 Eric pc: Sincerely. ~~ Mary F. Parker, CMC/4AE City Clerk Mr. & ~rs. Donald L. Graybill, Route 2, Box 317-11, Virginia 24179 ~r. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator ~r. Edward R. Tucker, City Planner ~r. Steven J. Talevi, Assistant City Attorney Vinton, Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN RE: IN THE COUNCIL OF ~HE CITY OF ROANOKE, VIRGINIA Application of Donald L. Grayblll and ) Shirl~ey Graybill to vacate and close )Application for vacating four (4)!alleys as situated in Block )public alleys lying 2~ Map of Edgewood Addition, between )between 8th and 8½ 8th and 8½ Street, S. E. )Streets, S. E. Members of Council: Donald L. Graybill and Shirley Graybill herein make application to the City of Roanoke to close and vacate four (4) public alleys, described as being situated in Block 2, as shown on the map of Edgewood Addition, and lying between 8th and 8½ Streets, S. E. The subject alleys are more particularly described on the attached map as Alleys 1 and 4. The applicants state that the grounds for this application awe as follows: The alleys have become havens for illegal and illicit activities such as prostitution, drug sales, .vagrants, winos, etc. The alleys as public right-of-way afford these transient activities the protection and freedom of movement through the immediate and abutting properties, at all hours of the day and night. Tree g~owth'and'-~eeds~2ffect~the proper~ use of the ' alley(s) in some areas and are not maintained in a proper manner. Closure and vacation of said alleys will allow the abutting property owners to claim respectiv, e po~ti, oqs of the alleys, thereby eliminating the legal right of the public to use the alleys for the needless and unnecessary passage of transient pedestrian traffic through the neighborhood. The applicants therefore desire to have said alleys closed and permanently vacated, pursuant to Section 30-14 of the Code of the City of Roanoke and Section 15.1-364 of the Code of the Commonwealth of Virginia (1950) as amended. Respectfully submitted, DONALD L. GRAYBILL S~H I R Lg~_.~I~AYBILL o LIST OF PROPERTY OWNERS AFFECTED PROPOSED ALLEY CLOSURE: Donald and S~i~rl~ey Graybill Rt. 2, Box 317-11 Vinton, Virginia 24179 Tax Nos. 4110928, 4110917, 4110912, 4110916 4110918 R. McDannald, Jr. P. O. Box 736 Morgan Town, W.Va. 26507 David and Ada Overstreet 816 Tazewell Avenue, SE Roanoke, Virginia 24013 Tax No. 4110927 (304) 291-6331 Tax Nos. 4110926, 4110925 Charles W. McGuire 804 Tazewell Avenue, SE Roanoke, Virginia 24013 Tax no. 4110921 Mrs. E. Dooley 212 8th Street, SE Roanoke, Virginia 24013 Tax Nos. 4110920, 4110919 Larry Wayne McCarty and Pam A. Karnes 2673 Eastland Drive, SE Roanoke, Virginia 24014 Tax No. 4110915 Phi llip J. Malouf 4025 Mudlick Road, SW Roanoke, Virginia 24018 Tax Nos. 4110914, 4110903 4110913, 4110901 Mr. E. W. Lloyd 110 8½ Street, SE Roanoke, VA 24013 Tax Nos. 4110908, 4110909 Donald Taylor 2388 Eastland Road Roanoke, Virginia 24014 Tax Nos. 4110911, 4110910, 4110909 I I I ~I,',3'~1 I I 4110~ZO I 8O 411110/_./ I '41ih 4~il 4.11 411~&o~ I I , 411Z60Z I 4111Ol& 7 4fli~IG 411 ,R. ~', ,~ 4111101 3 -T, qZ£ WEZ, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of Donald L. Graybill and ) Shirley Graybill to vacate and close )Application for vacating four (4) alleys as situated in Block )public alleys lying 2, Map of Edgewood Addition, between )between 8th and 8½ 8th and 8½ Street, S. E. )Streets, S. E. Members of Council: Donald L. Graybill and Shirley Graybill herein make application to the City of Roanoke to close and vacate four (4) public alleys, described as being situated in Block 2, as shown on the map of Edgewood Addition, and lying between 8th and 8½ Streets, S. E. The subject alleys are more particularly described on the attached map as Alleys i and 4. The applicants state that the grounds for this application are as follows: 1. The alleys have become havens for illegal and illicit activities such as prostitution, drug sales, vagrants, winos, etc. The alleys as public right-of-way afford these transient activities the protection and freedom of movement through the immediate and abutting properties, at all hours of the day and night. Tree g~o~th alley(s) in manner. and'weeds:affect the proper use of the some areas and are not maintained in a proper Closure and vacation of said alleys will allow the abutting property owners to claim respective portions of the alleys, thereby eliminating the legal right of the public to use the alleys for the needless and unnecessary passage of transient pedestrian traffic through the neighborhood. The applicants therefore desire to have said alleys closed and permanently vacated, pursuant to Section 30-14 of the Code of the City of Roanoke and Section 15.1-364 of the Code of the Commonwealth of Virginia (1950) as amended. Respectfully submitted, ~SH'TI~ L E ~B I L L ~..~ Roanoke City Planning Commission September 26, 1990 Dear Adjoining Property Owner: Subject: Request from Donald L. and Shirley Graybill that four alleys located in the block bounded by 8th and 8 1/2 Streets and Tazewell and Campbell Avenues, S.E., be permanently vacated, discontinued and closed. Attached please find a request from the Donald L. and Shirley Graybill to table the above-referenced matter for a period of 30 days. Therefore, the Planning Commission will not hear the request at their October 3, 1990, meeting, as you were previously notified. When the matter is again placed on the Commission's agenda, you will be sent another written notification of the time and place of the hearing. Thank you for your attention to this matter. Sincerely, Jph~ R. Marlles, Agent R~noke City Planning Co~nission : Mary F. Parker, City Clerk Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 TO THE CITY CLERK OF THE CIT~QF ROANOKE~ VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUEST OF: Request from Donald L. and Shirley Graybill that four alleys located in the block bounded by 8th and 8 1/2 Streets and Tazewell and Campbell Avenues, S.E., be permanently vacated, discontinued and closed. COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) ) AFFIDAVIT ) ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of 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 ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 24th of September, 1990, notices of a public hearing to be held on the 3rd day of October, 1990, on the alley closures captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 4110928 4110912 4110918 4110917 4110916 4110927 4110926 4110925 4110921 4110920 4110919 4110915 4110914 4110913 4110901 4110903 4110908 OWNERt AGENT OR OCCUPANT Donald and Shirley Graybill E. R. McDannald, Jr. David and Ada Overstreet Charles W. McGuire Isabell Dooley Larry W. McCarty Pam A. Karnes Phillip J. Malouf E. W. Lloyd ADDRESS Route 2, Box 317-11 Vinton, VA 24179 P. O. Box 736 Morgantown, WV 26507 818 Tazewell Avenue Roanoke, VA 24013 804 Tazewell Avenue Roanoke, VA 24013 212 8th Street Roanoke, VA 24013 2673 Eastland Drive Roanoke, VA 24014 4025 Mudlick Road Roanoke, VA 24018 110 8 1/2 Street Roanoke, VA 24013 4110911 Donald Taylor 2388 Eastland Road 4110910 4110909 Roanoke, VA 24014 ~ha Pace Franklin SUBSCRIBED ND SWO~ to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of Sep~er, 1990. Notary Public~ J ~ Co~ission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUESt'OF: Request from Donald L. and Shirley Graybill that three) alleys located in the block bounded by 8th and 8 1/2 ) AFFIDAVIT Streets and Tazewell and Campbell Avenues, S.E., be ) permanently vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of 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 ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th of November, 1990, notices of a public hearing to be held on the 5th day of December, 1990, on the alley closures captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT .ADDRESS 4110928 Donald and Shirley Graybill Route 2, Box 317-11 4110912 4110918 Vinton, VA 24179 4110917 4110916 4110927 4110921 4110920 4110919 4110914 4110913 4110901 4110903 E. R. McDannald, Jr. Charles W. McGuire Isabell Dooley Phillip J. Malouf P. O. Box 736 Morgantown, WV 26507 804 Tazewell Avenue Roanoke, VA 24013 212 8th Street Roanoke, VA 24013 4025 Mudlick Road Roanoke, VA 24018 ~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this 26th day of November, 1990. My Commission Expires: otary Public in the City of TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE REQUES~iOF: Request from Donald L. and Shirley Graybill that four ) alleys located in the block bounded by 8th and 8 1/2 ) AFFIDAVIT Streets and Tazewell and Campbell Avenues, S.E., be ) permanently vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of 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 ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 29th of October, 1990, notices of a public hearing to be held on the 7th day of November, 1990, on the alley closures captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 4110928 4110912 4110918 4110917 4110916 OWNER~ AGENT OR OCCUPANT Donald and Shirley Graybill ADDRESS Route 2, Box 317-11 Vinton, VA 24179 4110927 4110921 4110920 4110919 4110914 4110913 4110901 4110903 E. R. McDannald, Jr. Charles W. McGuire Isabell Dooley Phillip J. Malouf P. O. Box 736 Morgantown, WV 26507 804 Tazewell Avenue~.i~- Roanoke, VA 24013 212 8th Street?~ Roanoke, VA 24013 4025 Mudlick Road.t~' Roanoke, VA 24018 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this 29th day of October/ 19~0. N tary Publid My Commission Expires: in the City of MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S W, Room 456 Roanoke. Virgm~a 24011 Telephone: (703)981-2541 January 24, 1991 SANDRA H. EAKIN Deputy City Cterk File #51 Mr. Edward A. gatt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. gatt: I am enclosing copy of Ordinance go. 30366-12291, rezoning a tract of land lying on the southwesterly side of ~cVitty Road near its intersection with Bruceton Road, S. W., identified as Official Tax go. 5100908, from RS-i, Residential Single Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 30366-12291 was adopted by the Council of the City of Roanoke on first reading on Monday, January 14, 1991, also adopted by the Council on second reading on Tuesday, January 22, 1991, and will take effect ten days following the date of its second reading. Sincerely, ~ ~ary F. Parker, CMC/AAE City Clerk MFP:ra pc: Ms. Marion B. Via, 4747 Hickory Hill Drive, S. W. Roanoke Virginia 24018 ' , Mr. & Mrs. Otis H. McBride, 5105 Greenfield Street, S. W. Roanoke, Virginia 24018 ' Mr. & ~rs. Sidney R. Smith, 5061 Bruceton Road, S. W. Roanoke, Virginia 24018 ' Ms. Mollie E. Richardson and Ms. Rita M. Richardson, 5062 Bruceton Road, S. W., Roanoke, Virginia 24018 Mr. & Mrs. Edward H. Stroupe, 2072 McVitty Road, S. ~. Roanoke, Virginia 24018 1 ' Mr. Edward A. Natt January 24, 1991 Page 2 pc: Mr. & Mrs. E. L. Kennedy, 5101 Greenfield Street S. Roanoke, Virginia 24018 , , Mr. J. D. Fralin, p. 0. Box 5037, Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, p. 0. Box 2569, Roanoke, Virginia 24010 Mr. ~. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven j. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr. Chairman, Commission ' City Planning Mr. L. Elwood Morris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works ~r. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator ~r. John R. Marlles, Agent/Secretary, Commission City Planning Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd Day of January, 1991. No. 30366-12291. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 510, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, sub- ject to certain conditions proffered by the Petitioner. WHEREAS, a petition has been presented to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-I, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the Petitioner; 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 petition at its meeting on January 14, 1991, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid peti- tion, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters pre- sented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein pro- vided. WHEREFORE, BE IT ORDAINED by Roanoke that §36.1-3, amended, and Sheet No. of Roanoke, be amended the Council of the City of Code of the City of Roanoke (1979), as 510 of the Sectional 1976 Zone $iap, City in the following particular and no other: Property described as a tract of land lying on the south- westerly side of McVitty Road, S.W., near its intersection with Bruceton Road, designated on Sheet No. 510 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5100908, be, and is hereby rezoned from RS-l, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to those con- ditions proffered by and set forth in the Fourth Amended Petition to Rezone filed in the Office of the City Clerk on December 5, 1990, and that Sheet No. 510 of the Sectional 1976 Zone Map be changed in this respect. ATTEST: City Clerk. Office of Community Planning January 14, 1991 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Showtimers of Roanoke Valley, Inc., represented by Edward A. Natt, attorney, that a tract of land lying on the southwesterly side of McVitty Road, S.W., bearing Official Tax No. 5100908, be rezoned from RS-l, Residential Single Family District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request is to bring the existing playhouse theatre into conformance with current zoning regulations and to permit the expansion of the facility. B. Petition to rezone was filed on November 12, 1990. First amended petition was filed on November 15, 1990. Second amended petition was filed on November 20, 1990. Third amended petition was filed on November 28 1990. ' The following conditions were proffered by the petitioner: That the property will be developed in substantial conformity with the site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes require~ by the City during comprehensive site plan review. Room 385 Municipa~ Building 215 Church Avenue, S.W Roanoke, Virginia 24011 (703) 981-2344 Roanoke City Council Page 2 II. Issues: That the use shall be limited to a live theatre with one viewing stage with a maximum seating capacity of 150. That if the use of the subject property as a live theatre is discontinued for a period of two years, then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. That an application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscaping buffer area which would be required along the southside of the property. In lieu of the 10 foot wide buffer, the Petitioner will install a 6 foot high, solid wood fence along the affected property line. Said application shall be made prior to application for building permit application for the proposed addition. That an application will be filed by the Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the number of off-street parking spaces required for the existing and proposed expansion of the playhouse theatre due to the physical constraints of the site. The petitioner will request that the 38 parking spaces as shown on the attached site plan be sufficient. Said application shall be made prior to application for building permit for the proposed addition. Zoninq of the subject property is RS-i, Residential Single Family District. The surrounding zoning in the area is RS-1 to the north, south, east and west of the site with C-2 zoning on the southside of Keagy Road, south of the subject property. Land use of the subject property is the existing Showtimers Theatre. Land uses surrounding the site are as follows: to the north, south and west of the site are vacant, undeveloped densely vegetated tracts of land; to the east of the subject property, across McVitty Road, is a single family residence and the entrance into Hidden Valley Estates and Sunset Hills residential areas. Roanoke City Council Page 3 Utilities are available and adequate. During and upon completion of the proposed expansion, the petitioner will comply with the City's storm water management policy and erosion/sediment control ordinance for "0" runoff on adjoining properties. Access to the site is provided by the two existing separate driveways onto McVitty Road. Due to the existing physical constraints of the site, the petitioner has proffered that a variance request will be made to the City's Board of Zoning Appeals to provide 38 off-street parking spaces for the facility, where 42 spaces would be required (difference of 4 parking spaces). The petitioner has stated that the proposed building additions are for expansion of the stage and backdrop area, to modify the building entrance area and bathrooms for handicapped accessibility and to improve the existing seating arrangements in front of the stage and to the aisle wing areas. The proposed additions would facilitate the continued adaptive reuse of the structure and therefore would not increase vehicular or pedestrian demands on the site beyond its present level. Screeninq of the subject property would be required along the entire northern, western and southern property boundaries which adjoin a residentially zoned district. The proffered site plan indicates the retention of a 15 foot wide natural vegetation buffer area along the northern and western property lines with a 6 foot high solid wood fence to be installed along the entire southern property line; due to existing physical site constraints, the petitioner has proffered making a variance request to the Board of Zoning Appeals to accept the 6 foot high fence in lieu of the minimum 10 foot wide landscape area along that southern property line as required by ordinance. Comprehensive Plan recommends that: Neighborhood character and environmental quality be protected. e Commercial development and its expansion is carefully evaluated to ensure conflict with residential areas is minimal and commercial development is a good neighbor to residential areas. Encourage and promote the development and expansion of cultural facilities. Promote development of facilities and services that enhance the community's livability. Roanoke City Council Page 4 III. Current Situation: Neighborhood organization, Greater Deyerle Neighborhood Association, held a meeting on November 28, 1990, at the Showtimers, Inc. theatre. Those in attendance were residents of the area, executive officers of the neighborhood organization, president of the Board of Directors for Showtimers, Inc., his attorney, and a City staff member. Three (3) issues and concerns were addressed as follows: correction in the maximum number of seats the theatre could accommodate; 2e that the proffered variance request is for relief of having to provide four (4) of the total required off-street parking spaces and not fourteen (14) spaces as was originally stated. Furthermore, that the patrons of the theatre will be informed not to park on McVitty or Keagy Roads; and that the proffered six (6) foot high solid wood fence along the entire southern property line, in lieu of the 10 foot wide landscaping buffer area, is not desired and if the adjoining property owner agrees, they prefer the fence not be required or installed. As a result of that meeting, the attorney for the petitioner stated that he would pursue deletion of the proffered fence if it was in agreement with the adjoining property owner and that the City staff person would talk with the City traffic engineer to pursue the installation of no parking signs along Keagy and McVitty Roads. The consensus of the neighborhood residents was that if these concerns were properly addressed as stated, they did not oppose the rezoning. Be Planning Commission public hearing was held on December 5, 1990. Mr. Edward A. Natt, attorney, appeared before the Commission and summarized the requested rezoning. Mr. Natt further stated that he would be filing a fourth amended petition to delete the condition of installing a wooden fence. He said that the neighborhood organization and the adjoining property owner did not want a fence and his clients were agreeable to that. Mr. Natt also stated that he would like to get a waiver from the Board of Zoning Appeals so that they could continue the existing parking and access. Mr. Natt said that the ingress and egress was by a gravel driveway that was located on adjoining property not owned by the Showtimers. Roanoke City Council Page 5 He said that would continue to be used. Mr. Natt also advised that he felt that the neighborhood association's concerns had been addressed by the proffered conditions that it be a "live" theatre and the agreement with the adjoining property owner over access and fencing. Jonathan Rogers (3734 Lake Drive, SW), co-president of the Greater Deyerle Neighborhood Association, appeared before the Commission and stated that the association had met on several occasions with Showtimers and he thanked them for the opportunity. He said the association did not oppose the rezoning, but felt it was very critical that the proffers were binding. He also mentioned the fact that overflow parking was sometimes a problem, but that the association had been assured by Bob Bengtson, City Traffic Engineer, that if the problem arose, the City would cooperate in an expeditious manner to install "no parking" signs on the streets. Evelyn Dorsey gave the staff report. She briefly reviewed the history of the structure that Showtimers occupied, stating that Showtimers had occupied the building since the 1960s. She said the building had originally been a church in the County and had been annexed into the City in 1976. She said the structure had been non-conforming since its annexation and since Showtimers desired to expand for remodelling purposes, a rezoning was necessary. Mrs. Dorsey said that the CN zone was suggested because live theatre was a permitted use in the CN zone. Mrs. Dorsey further reported that staff did not have a problem supporting the request for a variance of four (4) parking spaces. She noted that staff recommended approval of the request because it would place a cultural amenity in a conforming status and would allow the addition. Fourth amended petition was filed on December 5, 1990. The following conditions were proffered by the petitioner: That the property will be developed in substantial conformity with the site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the use shall be limited to a live theatre with one viewing stage with a maximum seating capacity of 150. Roanoke City Council Page 6 e That if the use of the subject property as a live theatre is discontinued for a period of two years, then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. That an application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscaping buffer area which would be required along the southside of the property. Said application shall be made prior to application for building permit application for the proposed addition. That an application will be filed by the Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the number of off-street parking spaces required for the existing and proposed expansion of the playhouse theatre due to the physical constraints of the site. The petitioner will request that the 38 parking spaces as shown on the attached site plan be sufficient. Said application shall be made prior to application for building permit for the proposed addition. IV. Alternatives: A. City Council approve the rezoning request. Zoning of the subject property would be conditional CN, Neighborhood Commercial District. Land uses would be the playhouse theatre that would become a conforming use. Construction of the proposed expansion of the theatre could Occur. Utilities to the property are available and adequate. During and upon completion of the proposed construction, the petitioner will comply with the City's storm water management policy ("O" water run-off) and erosion and sediment control ordinances. Access to and from the site would continue to be from the two (2) existing driveways onto McVitty Road. Screening will be provided by the proffered maintenance of the natural vegetative buffer Roanoke City Council Page 7 e area on the site, subject to any supplemental planting required as a result of the comprehensive development plan review process. Comprehensive Plan issues as set forth would be followed. City 1. Council deny the rezoning request. Zoning of the subject property would remain RS-i, Residential Single Family District. The existing use and structure would remain nonconforming in conflict with the existing zoning ordinance. Requested improvements would not be accommodated. Land use would remain a playhouse theatre. Utilities would be unaffected. Access would remain as is and would not be an issue. 5. Screening would not be required. 6. Comprehensive Plan issues as set forth could be followed at a later date. Recommendation: By a vote of 7-0, the Planning Commission recommended approval of the requested rezoning. The rezoning would place an existing non-conforming use and building into a conforming zoning status and would allow for the proposed expansion of the facility. The preservation of the substantial natural vegetation on the site, the character of the existing structure and its proposed addition, and the adaptive reuse of the structure demonstrate an awareness and sensitivity to the adjoining properties and a desire to continue to be harmonious development to those residentially zoned areas as set forth in the comprehensive plan. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner's Attorney IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: FOURTH AMENDED PETITION Rezoning of a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908) from RS-1 Residential District to CN Neighborhood Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, SHOWTIMERS OF ROANOKE VALLEY, INC., owns land in the City of Roanoke containing one (1) acre, more or less, located on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908). Said tract is currently zoned residential (RS-i). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1 Residential District to CN Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of renovating and enlarging the Showtimers Theatre. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will take a currently existing legal nonconforming use and place it into a conforming zoning district. The Petitioner hereby proffers a~d 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 site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the use shall be limited to a live Theatre with one viewing stage with a maximum seating capacity of 150. That if the use of the subject property as a live Theatre is discontinued for a period of two years then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. That an application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscaping buffer area which would be required along the southside of the property. Said application shall be made prior to application for building permit application for the proposed addition. That an application will be filed by the Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the number of off-street parking spaces required for 2 the existing and proposed expansion of the playhouse theatre due to the physical constraints of the site. The Petitioner will request that the 38 parking spaces as shown on the attached site plan be sufficient. Said application shall be made prior to application for building permit for the proposed addition. Attached as Exhibit C 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 rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this ~ day of ~, 1990. Respectfully submitted, Of Counsel 3 Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE~ P.C. 1919 Electric Road, SW Roanoke, VA 24018 (703) 774-1197 pc1:. eh2. i 4 LOCATION $100311 510051~ 51005~5 ~00~0~ 510050~ ~;100307 L~~) 51o~1~ I! N 5100~ ~ Iml Iml Office of the City Clerk December 27, 1990 File #51 Mr. Edward A. Matt Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of a report of the City Planning Commission recommending that the Council of the City of Roanoke grant the request of your client, Showtimers of RoanoKe Valley, Inc., that a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road, S. W., identified as Official Tax No. 5100908, be rezoned from RS-], Residential Single Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, January 14, 1991, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the ,Municipal Building, 215 Church Avenue, S. W. For your information, I am also enclosing copy of a notice of the public hearing. Questions with regard to the City Planning Commission report should be directed to Mr. John R. ~arlles, Chief of Community Planning, at 981-2344. MFP:ra PUBLIC44 Eric. Sincerely, Mary F. Parker, City Clerk CMC /AAE Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 Mr. Edward A. Natt December 26, 1990 Page 2 Ms. Marion B. Via, 4747 Hickory Hill Drive, S. W. Roanoke Virginia 24018 ' ' Mr. & Mrs. Otis H. McBride, 5105 Greenfield Street, S. Roanoke, Virginia 24018 ' Mr. & Mrs. Sidney R. Smith, 5061 Bruceton Road, S. Roanoke, Virginia 24018 ' Ms. Hollie E. Richardson and Ms. Rita M. Richardson, 5062 Bruceton Road, S. ~., Roanoke, Virginia 24018 Mr. & Mrs. Edward H. Stroupe, 2072 McVitty Road, S. Roanoke, Virginia 24018 Mr. & Mrs. E. L. Kennedy, 5101 Greenfield Street, S. Roanoke, Virginia 24018 Mr. J. D. Fralin, p. 0. Box 5037, Roanoke, Virginia 24012 Mr. ~yne G. Strickland, Executive Director, Fifth Planning District Commission, p. 0. Box 2569, Roanoke, Virginia 24010 Mr. ~. Robert Herbert, City Manager Mr. ~ilburn C, Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Directo~ of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission ~s. Dori~ Layne, Office of Real Estate Valuation ROANOKE TIMES & WORLD-NEWS ~g NUMBER - 122600T17 PUBLISHER'S FEE - $100.~0 EDWARD A NATT I919 ELECTRIC RD SW ROANOKE VA 2~018 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION It (THE UNDERSIGNEO) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLO COR- PORATIONt WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLO-NEWSt A DAILY NEWSPAPER PUBLISHED IN ROANOKEt IN THE STATE OF VIRGINIAt DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES I2/28/90 MORNING OI/O~/gl MORNING AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, January 14, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezoning from RS-i, Residential Single-Family District, to CN, Neighborhood Commercial District, the following property: A tract of land lying on the southwesterly side of McVitty Road, S.W., near its intersection with Bruceton Road, designated as Official Tax No. 5100908 A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 21st day of December , 1990. Mary F. Parker, City Clerk Please publish in full twice, once on Friday, December 28, 1990, and once on Friday, January 4, 1991, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Edward A. Natt, Attorney 1919 Electric Road, S. W. Roanoke, Virginia 24018 Office of the City Clerk December 17, 1990 File #51 ~r. Caarles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-69U(e) of the Cone of the City of Roanoke (1979), as amended, I am enclosing copy of a fourth amended petition fromm Mr. Edward A. Natt, Attorney, representing Showtimers of RoanoKe Valley, Inc., requesting that a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road, identified as Official Ta~ No. 5100908, be rezoned from RS-l, Residential Sinqle Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, C~C/AAE City Clerk ~IFP : ra R EZON E44 pc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 l{r. John R. Marlles, Agent/Secretary, City Planning Cb~ission ~r. Ronald H. Miller, Zoning Administrator ,~r. Stevea J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: FOURTH AMENDED PETITION Rezoning of a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908) from RS-1 Residential District to CN Neighborhood Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, SHOWTIMERS OF ROANOKE VALLEY, INC., owns land in the City of Roanoke containing one (1) acre, more or less, located on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908). Said tract is currently zoned residential (RS-i). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1 Residential District to CN Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of renovating and enlarging the Showtimers Theatre. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will take a currently existing legal nonconforming use and place it into a conforming zoning district. 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 site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the use shall be limited to a live Theatre with one viewing stage with a maximum seating capacity of 150. That if the use of the subject property as a live Theatre is discontinued for a period of two years then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. That an application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscaping buffer area which would be required along the southside of the property. Said application shall be made prior to application for building permit application for the proposed addition. That an application will be filed by the Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the number of off-street parking spaces required for 2 tax the existing and proposed expansion of the playhouse theatre due to the physical constraints of the site. The Petitioner will request that the 38 parking spaces as shown on the attached site plan be sufficient. Said application shall be made prior to application for building permit for the proposed addition. Attached as Exhibit C are the names, addresses, and 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 rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. submitted this ~ day of Respectfully ~, 1990. Respectfully submitted, Of Counsel 3 Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 (703) 774-1197 pe t. en2. ~ Office of the City Clerk November 30, 1990 File #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear ~r. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roaaoke (1979), as amended, I am enclosing copy of an amenaed petition from Mr. Edward A. Natt, Attorney, representing S;~owtimers of Roanoke Valley, Iac., requesting that a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road, identified as ©fficial Tax No. 5100908, be rezoned from RS-l, Residential Single Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. S ince re l y ,~ Mary r. ra , CMC/AAE City Clerk ~FP:ra REZONE44 pc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 Mr. John R. ~arlles, Agent/Secretary, City Planning Commission Mr. Ronald H. ~iller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 Office of the City Clerk December 5, 1990 Fi le #51 Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a thir~ amended petition from Mr. Edward A. Natt, Attorney, representing Showtimers of Roanoke Valley, Inc., requesting that a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road, identified as Official Tax No. 5100908, be rezoned from RS-l, Resideatial Single Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~ Mary F. Parlcer, CMC/AAE City Clerk MFP:ra REZONE44 pc: Mr. Eaward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: THIRD AMENDED PETITION Rezoning of a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908) from RS-1 Residential District to CN Neighborhood Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, SHOWTIMERS OF ROANOKE VALLEY, INC., owns land in the City of Roanoke containing one (1) acre, more or less, located on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908). Said tract is currently zoned residential (RS-i). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1 Residential District to CN Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of renovating and enlarging the Showtimers Theatre. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will take a currently existing legal nonconforming use and place it into a conforming zoning district. 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 site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the use shall be limited to a live Theatre with one viewing stage with a maximum seating capacity of 150. That if the use of the subject property as a live Theatre is discontinued for a period of two years then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. That an application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscaping buffer area which would be required along the southside of the property. In lieu of the 10 foot wide buffer, the Petitioner will install a 6 foot high, solid wood fence along the affected property line. Said application shall be made prior to application for building permit application for the proposed addition. That an application will be filed by the 2 Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the number of off-street parking spaces required for the existing and proposed expansion of the playhouse theatre due to the physical constraints of the site. The Petitioner will request that the 38 parking spaces as shown on the attached site plan be sufficient. Said application shall be made prior to application for building permit for the proposed addition. Attached as Exhibit C 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 rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. submitted this ~ ~ day of Respectfully Respectfully submitted, Of Counsel 3 Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 (703) 774-1197 pet. eh2. i 4 EXHIBIT C Marion B. Via 4747 Hickory Hill Drive Roanoke, VA 24018 Tax Map No. 5100909 Otis H. McBride Mary N. McBride 5105 Greenfield Street, Roanoke, VA 24018 Tax Map No. 5100907 Sidney R. Smith Virginia E. Smith 30 Warder Street Springfield, OH 45501 Tax Map No. 5100301 Tax Map No. 5100302 Hollie E. Richardson Rita M. Richardson 5062 Bruceton Road, SW Roanoke, VA 24018 Tax Map No. 5100402 Edward H. Stroupe Grace A. Stroupe P. O. Box 669 Bristol, VA 24203 Tax Map No. 5100401 Glenna Hoge Kennedy E. L. Kennedy 5101 Greenfield Street, Roanoke, VA 24018 Tax Map No. 5100531 J. D. Fralin P. O. Box 5037 Roanoke, VA 24012 Tax Map No. 5100906 SW SW Office of the City Clerk November 26, 1990 File #51 ~4r. Ci~arles A Price, Jr., C~airman City Planning Commission RoanoKe, Virginia Dear Hr. Price: Pursuant to Section 36.1-090(e~ of the Code of tne City of Roanoke (1979), as amended, [ am enclosing copy of an amended petition from Hr. Edward A. Natt, Attorney, representing Showtimers of RoanoKe Valley, Inc., requesting that a tract of land lying on the southwesterly side of ~4cVitty Road near its intersection with Bruceton Road, iaentifiea as O~ficial Tax No. 5i009G8, be rezoned from RS-l, Residential Single Family District, to CN, Neighborhooa Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~~ ~4ary F. Parker, CMC/AAE City Clerk ~FP:ra REZONE44 pc: ~r. Edward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 Hr. John R. Marlles, Agent/Secretary, City Planning Commission Hr. Ronald H. ~iller, Zoning Administrator ~r. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN RE: IN THE COUNCIL OF THE CITY,0F ROA~OKE' VIRGINIA SECOND AMENDED PETITION Rezoning of a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908) from RS-1 Residential District to CN Neighborhood Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, SHOWTIMERS OF ROANOKE VALLEY, INC., owns land in the City of Roanoke containing one (1) acre, more or less, located on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908). Said tract is currently zoned residential (RS-i). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1 Residential District to CN Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of renovating and enlarging the Showtimers Theatre. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will take a currently existing legal nonconforming use and place it into a conforming zoning district. 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 site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the use shall be limited to a live Theatre with one viewing stage with a maximum seating capacity of 200. That if the use of the subject property as a live Theatre is discontinued for a period of two years then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. That an application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscaping buffer area which would be required along the southside of the property. In lieu of the 10 foot wide buffer, the Petitioner will install a 6 foot high, solid wood fence along the affected property line. Said application shall be made prior to application for building permit application for the proposed addition. That an application will be filed by the NATT, AHERDN & AmEE tax Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the number of off-street parking spaces required for the existing and proposed expansion of the playhouse theatre due to the physical constraints of the site. The Petitioner will request that the 38 parking spaces as shown on the attached site plan be sufficient. Said application shall be made prior to application for building permit for the proposed addition. Attached as Exhibit C are the names, addresses, and 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 rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. submitted this I ~ day of Respectfully ~, 1990. Respectfully submitted, Of Counsel Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 (703) 774-1197 pet. en2. ~ 4 Marion B. Via 4747 Hickory Hill Drive Roanoke, VA 24018 Tax Map No. 5100909 Otis H. McBride Mary N. McBride 5105 Greenfield Street, Roanoke, VA 24018 Tax Map No. 5100907 Sidney R. Smith Virginia E. Smith 30 Warder Street Springfield, OH 45501 Tax Map No. 5100301 Tax Map No. 5100302 Hollie E. Richardson Rita M. Richardson 5062 Bruceton Road, SW Roanoke, VA 24018 Tax Map No. 5100402 Edward H. Stroupe Grace A. Stroupe P. O. Box 669 Bristol, VA 24203 Tax Map No. 5100401 Glenna Hoge Kennedy E. L. Kennedy 5101 Greenfield Street, Roanoke, VA 24018 Tax Map No. 5100531 J. D. Fralin P. O. Box 5037 Roanoke, VA 24012 Tax Map No. 5100906 EXHIBIT C SW SW Office of the City Clerk ~ovember ]6, 1990 File #51 Mr. Charles A. Price, Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: 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 Mr. Edward A. Natt, Attorney, representing Showtimers of Roanoke Valley, Inc., requesting that a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road, identified as Qfficiol Tax ~o. 5100908, be rezoned from ~S-1, Residential Single Family District, to CN, Neighborhood Commercial District~ subject to certain conditions proffered by the petitioner. Sincerely, Deputy City Clerk SHE:ra REZONE44A pc: Mr. ~dward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 ~r. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald ~. ~iller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA FIRST AMENDED PETITION Rezoning of a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908) from RS-1 Residential District to CN Neighborhood Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: owns land The Petitioner, in the City of SHOWTIMERS OF ROANOKE VALLEY, INC., Roanoke containing one (1) acre, more or less, located on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908). Said tract is currently zoned residential (RS-i). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1 Residential District to CN Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of renovating and enlarging the Showtimers Theatre. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will take a currently existing legal nonconforming use and place it into a conforming zoning district. 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 site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the use shall be limited to a Theatre with one viewing stage with a maximum seating capacity of 200. That if Theatre the use of the subject property as a is discontinued then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. That an application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscaping buffer area which would be required along the southside of the property. In lieu of the 10 foot wide buffer, the Petitioner will install a 6 foot high, solid wood fence along the affected property line. Said application shall be made prior to application for building permit application for the proposed addition. That an application will be filed by the Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the number of off-street parking spaces required for the existing and proposed expansion of the playhouse theatre due to the physical constraints of the site. The Petitioner will request that the 38 parking spaces as shown on the attached site plan be sufficient. Said application shall be made prior to application for building permit for the proposed addition. Attached as Exhibit C are the names, addresses, and numbers of the owner or owners of all lots or property tax immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. submitted this lC day of Respectfully , 1990. Respectfully submitted, Of Counsel 3 Office of the City Clerk November 15, 1990 File #51 Mr. Charles A. Price, Chairman City Planning Commission Roanoke, Virginia Dear Mr. Price: 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 Mr. Edward A. Natt, Attorney, representing Showtimers of Roanoke Valley, Inc., requesting that a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road, identified as Official Tax No. 5100908, be rezoned from ~S-1, Residential Single Family District, to Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Sandra H. Eakin Deputy City Clerk SHE: ra REZONE44 pc: Mr. Edward A. Natt, Attorney, 1919 Electric Road, Roanoke, Virginia 24018 Mr. John R. Marlles, Agent/Secretary, City Planning Commission ~r. Ronald H. ~iller, Zoniag Administrator Hr. Steven J. £alevi, Assistant City Attorney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908) from RS-1 Residential District to CN Neighborhood Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, SHOWTIMERS OF ROANOKE VALLEY, INC., owns land in the City of Roanoke containing one (1) acre, more or less, located on the southwesterly side of McVitty Road near its intersection with Bruceton Road (Tax Map No. 5100908). Said tract is currently zoned residential (RS-i). A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RS-1 Residential District to CN Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of renovating and enlarging the Showtimers Theatre. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will take a currently existing legal nonconforming use and place it into a conforming zoning district. 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 site plan attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during comprehensive site plan review. That the use shall be limited to a Theatre with one viewing stage with a maximum seating capacity of 200. That if the use of the subject property as a Theatre is discontinued then the zoning classification shall return to that of RS-1 (Residential Single Family District) without any further action by the City Council. An application will be filed by Petitioner directed to the City of Roanoke Board of Zoning Appeals requesting a variance to the minimum 10 foot wide landscape buffer area which would be required along the southside of the property. Said application shall be made prior to the issuance of a building permit application for the proposed addition. install a 6 foot affected property In addition, petitioner will high solid fence along the line. Petitioner will file a variance with the Board of Zoning Appeals requesting that off street parking 2 be permitted as shown on the site plan attached to the rezoning request indicating 38 parking spaces. Attached as Exhibit C 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 rezoned. WHEREFORE, the Petitioner requests that the above- described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this %~ day of ~, 1990. Respectfully submitted, Of Counsel 3 Edward A. Natt, Esquire OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, SW Roanoke, VA 24018 (703) 774-1197 SHOWTIMERS OF ROANOKE VALLEY, INC. its: P~ 4,~ pet.eh2. ~ 3 E~HIBIT A OAV, · 'I. 0'I I.~.. t)ET lG / F~OM 0 EXHIBIT C Marion B. Via 4747 Hickory Hill Drive Roanoke, VA 24018 Tax Map No. 5100909 otis H. McBride Mary N. McBride 5105 Greenfield Street, Roanoke, VA 24018 Tax Map No. 5100907 Sidney R. Smith Virginia E. Smith 30 Warder Street Springfield, OH 45501 Tax Map No. 5100301 Tax Map No. 5100302 Hollie E. Richardson Rita M. Richardson 5062 Bruceton Road, SW Roanoke, VA 24018 Tax Map No. 5100402 Edward H. Stroupe Grace A. Stroupe P. O. Box 669 Bristol, VA 24203 Tax Map No. 5100401 Glenna Hoge Kennedy E. L. Kennedy 5101 Greenfield Street, Roanoke, VA 24018 Tax Map No. 5100531 J. D. Fralin P. O. Box 5037 Roanoke, VA 24012 Tax Map No. 5100906 SW SW TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Showtimers of Roanoke Valley, Inc., represented) by Edward A. Natt, attorney, that a tract of land lying on ) the southwesterly side of McVitty Road, S.W., bearing Offi- ) cial Tax No. 5100908, be rezoned from Rs-l, Residential )AFFI- Single Family District, to CN, Neighborhood Commercial )DAVIT District, such rezoning to be subject to certain conditions ) proffered by the petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Secretary of 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 ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th of November, 1990, notices of a public hearing to be held on the 5th day of December, 1990, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 5100909 5100907 5100301 5100302 5100402 5100401 5100531 5100906 OWNERt AGENT OR OCCUPANT Marion B. Via otis H. McBride Mary N. McBride Sidney R. Smith Virginia E. SMith Hollie E. Richardson Rita M. Richardson Edward H. Stroupe Grace A. Stroupe Glenna H. Kennedy E. L. Kennedy ADDRESS 4747 Hickory Hill Dr.,S~ Roanoke VA 24018 5105 Greenfield Street~ Roanoke VA 24018 5061 Bruceton'~''q~ Roankoe VA 24018 5062 Bruceton Road, SW Roanoke VA 24018 2072 McVitt¥ Road, SW Roanoke VA 24018 5101 Greenfield StreeQ3~ Roanoke VA 24018 J. D. Fralin P.O. Box 5037 Roanoke VA 24012 Mart~a Pace Franklin SUBSCRIBED AND sWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of November, 1~90. Notary Publid My Commission Expires: