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HomeMy WebLinkAboutCouncil Actions 12-02-02 WYATT 36143-120202 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 2, 2002 12:15 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. (Council Members Wyatt, Dowe and Harris were absent.) A communication from Mayor Ralph K. Smith requesting that Council convene in a Closed Meeting to discuss vacancies on certain authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(I), Code of Virginia (1950), as amended. (Approved 4-0) File #110-132 A communication from Council Member William H. Carder requesting that Council convene in a Closed Meeting to discuss a special award, being the Shining Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. (Approved 4-0) File #80-132 1 THE COUNCIL MEETING WAS DECLARED IN RECESS AT 12:17 P.M. TO BE RECONVENED AT 12:20 P.M. IN THE EMERGENCY OPERATIONS CENTER CONFERENCE ROOM, ROOM 159, FOR A MEETING OF CITY COUNCIL/THE ROANOKE CITY SCHOOL BOARD/AND AREA LEGISLATORS. 2 ROANOKE CITY COUNCIL REGULAR SESSION DECEMBER 2, 2002 2:00 P.M. CITY COUNCIL CHAMBER AGENDA FOR THE COUNCIL 1. Call to Order--Roll Call. (All Present.) The Invocation was delivered by The Reverend David 1. Fuller, Missions Pastor, Church of the Holy Spirit. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Ralph K. Smith. Welcome. Mayor Smith. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, December 5,2002, at 7:00 p.rn., and Saturday, December 7, 2002, at 4:00 p.m. Council meetings are now being offered with closed captioning for the hearing impaired. 3 , ANNOUNCEMENTS: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COpy OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, NOEL C. TAYLOR MUNICIPAL BUILDING, 215 CHURCH A VENUE,S. W.,OR CALL 853-2541. THE CITY CLERK'S OFFICE NOW PROVIDES THE MAJORITY OF THE CITY COUNCIL AGENDA ON THE INTERNET FOR VIEWING AND RESEARCH PURPOSES. TO ACCESS AGENDA MATERIAL, GO TO THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM. CLICK ON THE ROANOKE CITY COUNCIL ICON, CLICK ON MEETINGS AND AGENDAS, AND DOWNLOAD THE ADOBE ACROBA T SOFTWARE TO ACCESS THE AGENDA. ALL PERSONS WISHING TO ADDRESS COUNCIL ARE REQUESTED TO REGISTER WITH THE STAFF ASSISTANT WHO IS LOCATED 1T THE ENTRANCE TO THE COUNCIL CHAMBER. ON THE SAME AGENDA ITEM, ONE TO FOUR SPEAKERS WILL BE ALLOTTED FIVE MINUTES EACH, HOWEVER, IF THERE ARE MORE THAN FOUR SPEAKERS, EACH SPEAKER WILL BE ALLOTTED THREE MINUTES. ANY PERSON WHO IS INTERESTED IN SERVING ON A CITY COUNCIL APPOINTED AUTHORITY, BOARD, COMMISSION OR COMMITTEE IS REQUESTED TO CONTACT THE CITY CLERK'S OFFICE AT 853-2541, OR ACCESS THE CITY'S HOMEPAGE AT WWW.ROANOKEGOV.COM.TO OBTAIN AN APPLICATION. 4 2. PRESENTATIONS AND ACKNOWLEDGMENTS: A resolution recognizing George A. Kegley as the City of Roanoke 2002 Citizen ofthe Year. Adopted Resolution No. 36143-120202. (7-0) File #80-496 A resolution memorializing Ms. Adelaide Fisher. Adopted Resolution No. 36144-120202. (7-0) File #80-367 Economic development opportunities between the City of Roanoke and W onju, Korea, Roanoke's Sister City. Elizabeth A. Neu, Chief, Economic Development. File #327 3. CONSENT AGENDA (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEP ARA TEL Y. C-l A communication from the City Manager requesting that Council schedule a public hearing for Monday, December 16,2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, with regard to donation of property to the Western Virginia Foundation for the Arts and Sciences, in connection with the Art Museum-IMAX Theatre. RECOMMENDED ACTION: Concur in the request. File #68-427 5 C-2 Qualification of the following persons: Judy O. Jackson as a member of the Human Services Committee, for a term ending June 30, 2003; John W. Brown, Jr., and Rick Clark as members ofthe City of Roanoke Transportation Safety Commission, for terms ending October 31, 2006; Dennis R. Cronk as a Director of the Industrial Development Authority, for a term ending October 20, 2006; Ashley Johnson as a member of the Youth Services Citizen Board to fill the unexpired term of Durie I M. Wood, ending May 31, 2003; and Barry W. Baird as a member of the New Construction Code, Board of Appeals, for a term ending September 30, 2007. RECOMMENDED ACTION: Receive and file. File #15-110-32-207-304-316-318 I REGULAR AGENDA 4. PUBLIC HEARINGS: NONE. 5. PETITIONS AND COMMUNICATIONS: a. A communication from the City Manager sponsoring a presentation on Workforce Investment Act Services activities. (No Action Taken.) File #72-450 6 6. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: NONE. ITEMS RECOMMENDED FOR ACTION: 1. A communication recommending acceptance of a donation from the Allstate Foundation for Homeland Defense training, in the amount of $15,000.00. Adopted Budget Ordinance No. 36145-120202 and Resolution No. 36146-120202. (7-0) Council Member Cutler suggested that Police Officer Eric A. Horne be invited to a future City Council meeting to present a briefing on Homeland Defense training. File #5-60-68 2. A communication recommending revisions to the Sewer Use Standards. Adopted Ordinance No. 36147-120202. (7-0) File #24-27-468-529 3. A communication recommending amendment to the City's policy in connection with the process for determination of tax -exempt property. Adopted Resolution No. 36148-120202. (7-0) With reference to the Downtown Service District Tax, Council Member Carder inquired about application of the policy which requires an annual service charge equal to 20 per cent of the real estate tax levy that would be applicable to the real property of an organization if the organization were not exempt from such tax. The City Manager advised that a response would be provided to the inquiry following consultation with the City Attorney. File #79 7 4. A communication with regard to rejection of bids for City towing. Adopted Resolution No. 36149-120202. (7-0) File #530 b. CITY ATTORNEY: 1. A report transmitting an ordinance amending Section 32-39, Board of Equalization, Chapter 32, Taxation, Code ofthe City of Roanoke (1979), as amended, and creating a "permanent" board. Adopted Ordinance No. 36150-120202. (7-0) File #24-79-162 c. DIRECTOR OF FINANCE: I. Financial report for the month of October 2002. Received and filed. File #10 7. REPORTS OF COMMITTEES: NONE. 8. UNFINISHED BUSINESS: NONE. ! 9. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: a. Ordinance No. 36141, on second reading, rezoning the rear 25 feet x 50 feet portion of Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner; and repealing and replacing conditions set forth in Ordinance No. 32294-121994 for property located at the corner of Virginia Avenue and Westside Boulevard, N. W., designated as Official Tax No. 2761409. Adopted Ordinance No. 36141-100202 on second reading. (5-2) (Council Members Wyatt and Bestpitch voting no.) File #51 8 b. A resolution canceling the work session meeting of City Council scheduled to be held at 12:15 p.m., on December 30, 2002. Adopted Resolution No. 36151-120202. (7-0) File #132 10. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor, Vice-Mayor and Members of City Council. Adopted Resolution No. 36152-120202 closing certain City offices on Tuesday, December 24, 2002, and providing for additional holiday leave for all City employees. (7-0) File #184 Council Member Wyatt inquired about the status of a proposed ordinance regulating tattoo parlors in the City of Roanoke; whereupon, the City Manager advised that the matter will be included on the next agenda of the City Planning Commission for consideration and referral to Council for appropriate action. File #51-200 Council Member Carder called attention to the annual lighting of the City's Christmas Tree on Friday, December 6 at 5:30 p.m., at First Union Plaza, and the annual Christmas Parade on December 13 at 6:30 p.m. File #87 Mayor Smith acknowledged the efforts of all persons responsible for activities associated with the dedication ofthe historic plaque at the Mill Mountain Star on November 27 at 12:00 noon. File #67-216 b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 9 11. HEARING OF CITIZENS UPON PUBLIC MATTERS: CITY COUNCIL SETS THIS TIME AS A PRIORITY FOR CITIZENS TO BE HEARD. MATTERS REQUIRING REFERRAL TO THE CITY MANAGER WILL BE REFERRED IMMEDIA TEL Y FOR RESPONSE, RECOMMENDATION OR REPORT TO COUNCIL. Mr. Robert Gravely, 1728 Patterson Avenue, S. W., expressed dissatisfaction with wages paid to City employees, assessment of properties in certain areas of the City, the City's crime rate, and the City's water supply. File #5-162-184-468 12. CITY MANAGER COMMENTS: The Council meeting was declared in recess for two Closed Sessions. CERTIFICATION OF CLOSED SESSION. (6-0.) (Vice Mayor Harris was absent.) The following persons were reappointed to certain Council-Appointed Committees: Court Community Corrections Program Regional Criminal Justice Board File #15-20 Judge Julian H. Raney, Jr. and Judge John B. Ferguson for terms of three years, each, ending June 30, 2005. Roanoke Neighborhood Partnership Steering Committee File # 15-488 Robin Murphy-Kelso, Shirley M. Bethel, and Carl D. Cooper for terms of three years, each, ending November 30, 2005. Blue Ridge Behavioral Healthcare Board of Directors File 15-314 Robert Williams, Jr., for a term of three years, ending December 31, 2005. 10 CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk December 11 , 2002 File #51 Darlene L. Burcham City Manager Roanoke, Virginia Mr. and Mrs. Calvin W. Powers Mr. and Mrs. Theodore J. Sutton P. O. Box 12068 Roanoke, Virginia 24022 Ladies and Gentlemen: I am enclosing copy of Resolution No. 36153-120602 authorizing the filing of a petition to rezone property which is owned by the City of Roanoke, identified as Official Tax Nos. 3070301-3070310, inclusive, and 3070313-3070316, inclusive, and 2041816,2041817, 3070501, and 3070318, and property which is owned by Calvin W. and Mary C. Powers and Theodore J. and Judy P. Sutton, identified as Official Tax No. 3070321, from LM, Light Manufacturing District and C-2, General Commercial District, to C-3, Central Business District, subject to certain conditions proffered by the petitioners, to provide for construction and operation of a municipal stadium and amphitheatre facility to be used in conjunction with the existing Roanoke Civic Center. The abovereferenced measure was adopted by the Council of the City of Roanoke at a 'special meeting which was held on Friday, December 6,2002. Sincerely, ,'M\~ Stephanie M. Moom Deputy City Clerk SMM:mh Enclosure pc: John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Mr. James W. Perdue, 1515 Dunbar Street, N. W., Roanoke, Virginia 24012 Mr. Richard N. Ross, 1824 Fremont Circle, N. W., Roanoke, Virginia 24017 James K. Bowers, Jr., and Antwone Dixon, et ai, 3224 Trinkle Avenue, N. W., Roanoke, Virginia 24012 H:\Agenda.02\December 6. 2002 correspondence.wpd Darlene L. Burcham Mr. and Mrs. Calvin W. Powers Mr. and Mrs. Theodore J. Sutton December 11, 2002 Page 2 pc: Mr. Robert R. Young, 210 Carver Avenue, N. W., Roanoke, Virginia 24012 TLC Properties, Inc., c/o Mr. Ben R. Miller, Jr., P. O. Box 66338, Baton Rouge, Louisiana 70896 Mr. Fred C. Ellis, 4514 Oakland Boulevard, N. E., Roanoke, Virginia 24012 Trustees, First Baptist Church, P. O. Box 2799, Roanoke, Virginia 24001 Shivam, LLC, 308 Orange Avenue, N. E., Roanoke, Virginia 24012 Blue Eagle Partnership, P. O. Box 12068, Roanoke, Virginia 24012 Jack E. May Family Trust, 316 Orange Avenue, N. W., Roanoke, Virginia 24012 Mr. Randall Sheetz, 315 South Stewart Street, Winchester, Virginia 22601 Mr. Ernest D. Tate, Trustee, 126 Overlook Circle, Moneta, Virginia 24121 Ms. Yolanda L. Bell, 1619 Dunbar Street, N. W., Roanol<e, Virginia 24012 Farrell Properties, L.TD., P. O. Box 19346, Roanoke, Virginia 24019 Ms. Alice H. Baker, 4101 Hazelridge Road, N. W., Roanoke, Virginia 24012 Mr. Arthur C. Edwards, 1127 Melrose Avenue, N. W., Roanoke, Virginia 24017 Southeastern Building Corp., 900 Ridgefield Drive, #250, Raleigh, North Carolina 27609 Mr. Warren L. Baker, et a15, 41 01 Hazelridge Road, N. W., Roanoke, Virginia 24012 Mr. Stanley A. Eichelberger, 410 Carver Avenue, N. E., Roanoke, Virginia 24012 Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. W., Roanoke, Virginia 24014 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney H:\Agenda.02\December 6,2002 correspondence.wpd CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S. W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 4, 2002 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Smith and Members of City Council: Pursuant to 910, Meetings of Council, of the Charter of the City of Roanoke, I am calling a Special Meeting of Roanoke City Council to be held in Council Chambers, 4th Floor, Municipal Building, on Friday, December 6, 2002, at 10:30 a.m., for the purpose of considering authorizing the filing of an amended petition to rezone the stadium/amphitheatre property. Darlene L. Burc City Manager DLB/mf c: Jesse A. Hall, Director of Finance William M. Hackworth, City Attorney Mary F. Parker, City Clerk C;\My Om;urnents\Counci1\Misc 02\1-hmcallm~tt21l6()2.1.wpd .'~ .. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA INRE: Rezoning of tracts of land designated as Official Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308, 3070309, 3070310, 3070313, 3070314, 3070315, 3070316, 2041816, 2041817, from LM, Light Manufacturing District, and Official Tax Numbers 3070501, 3070318 and 3070321, from C-2, General Commercial District, to C-3, Central Business District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, City of Roanoke, Virginia, owns parcels of land in the City of Roanoke designated as Official Tax Nos. 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308,3070309,3070310,3070313,3070314,3070315,3070316,2041816,2041817,3070501 and 3070318, and the Petitioners, Calvin W. and Mary C. Powers and Theodore J. and Judy P. Sutton own a parcel ofland in the City of Roanoke designated as Official Tax No. 3070321, in the same general location. Official Tax Numbers 3070301, 3070302, 3070303, 3070304, 3070305, 3070306, 3070307, 3070308,3070309,3070310,3070313,3070314, 3070315, 3070316, 2041816 and 2041817 are zoned LM, Light Manufacturing District. Official Tax Nos. 3070501, 3070318 and 3070321 are zoned C-2, General Commercial District. A map ofthe property to be rezoned is attached as Exhibit A. A concept plan for proposed development of the properties is attached as Exhibit B. Such properties are considered zoned LM, Light Manufacturing District, and C-2, General Commercial District, as a result of a Court's ruling dated December 2, 2002, and Order to be entered pursuant to that ruling. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said properties be rezoned from LM, Light Manufacturing District, and C-2, General Commercial District, to C-3, Central Business District, for the purpose of constructing a municipal stadium and amphitheater facility to be used in conjunction with the existing Roanoke Civic Center, subject to proffered conditions. The Petitioners agree that ifthe property is rezoned, the property will be subject to the following proffered conditions: (1) The property shall be used only for a coliseum, stadium, exhibit hall or a similar facility or facilities; H:\ORDINANCES\PETITION-STADIUIM_AMPHITHEATRE.DOC '. (2) The provision of on-site parking shall include no less than 750 parking spaces and shall not exceed a maximum of 900 parking spaces; (3) There shall be no more than two (2) points of vehicular ingress to, or egress from, the property with those two (2) points of access limited to one (1) point on Courtland Road, N.E., and one (1) point on Carver Avenue, N.E.; (4) Landscaping consisting of deciduous and evergreen trees, shrubs, perennials, grasses, ground covers, and vines, shall be planted and maintained on at least fifteen percent (15%) ofthe total site area; and (5) Stadium field irrigation shall be supplemented by a rain water harvesting system which shall reduce dependence on the public water supply and reduce storm water runoff. The Petitioners believe the rezoning ofthe said tract ofland will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will redevelop an underutilized industrial area, provide increased recreational and entertainment opportunities for the City and the region, and provide increased economic development investment in the downtown area. Attached as Exhibit C are the names, address and tax numbers of the owner or owners of all lots or property immediately adjacent to and immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioners request that the above-described tracts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Submitted this _ day of ,2002. Respectfully, Darlene L. Burcham, City Manager City of Roanoke, Virginia 215 Church Avenue, S.W, Room 364 Roanoke, VA 24011 (540) 853-2333 H:\ORDINANCES\PETITION-STADIUIM_AMPHITHEATRE_DOC .' .~ tYa~ ~/ f7;A:'-<~~ Calvin W. Powers P. O. Box 12068, Roanoke, VA 24022 -m .C;,~ Mary c~ers P. O. Box 12068, Roanoke, VA 24022 ~~ P. O. Box 12068, Roanoke, VA 24022 t#: tMv J yP utton . O. ox 12068, Roanoke, VA 24022 R\ORDINANCES\PETITION-STADIUIM_AMPHITHEATREDOC Exhibit A - I (J1 CtJ ~ I LM to C-3 I ORANGE AVE EXHIB IT B p~ II ,!. ....... ;. ~ ORANGE AVF~ lA CONCEPT PlAN STADIUM/AMPHITHEATER SITE ~ . . EXHIBIT C ADJOINING PROPERTY OWNERS Tax No. Property Address Property Owner 2040101 1823 Dunbar Street, NW Roanoke Redevelopment and Housing Authority POBox 6359 Roanoke, VA 24017 2041315 1515 Dunbar Street, NW James W. Perdu!:! RevocClble Trust 1515 Dunbar Street, NW Roanoke,VA 24012 2041316 Dunbar Street, NW James W. Perdue 1515 Dunbar Street, NW Roanoke,VA 24012 2041317 Dunbar Street, NW Richard N. Ross 2041318 1824 Fremont Circle, NW Roanoke,VA 24017 2041319 Dunbar Street, NW James K. Bowers, Jr. Antwone Dixon, et al 3224 Trinkle Avenue, NW Roanoke, VA 24012 2041341 210 Carver Avenue, NW Robert R. Young 210 Carver Avenue, NW Roanoke,VA 24012 2041703 Carver Avenue, NW TLC Properties, Inc. c/o Ben R. Miller, Jr. POBox 66338 Baton RouQe, LA 70896 2041815 Carver Avenue, NW Fred C. Ellis 4514 Oakland Blvd Roanoke,VA 24012 3020101 Orange Avenue, NE Trustees, First Baptist Church POBox 2799 Roanoke,VA 24001 3020102 308 Orange Avenue, NE Shivam, LLC 308 Orange Avenue, NE Roanoke, VA 24012 3020117 326 Orange Avenue, NE Blue Eagle Partnership POBox 12068 Roanoke, VA 24012 3020118 316 Orange Avenue, NE Jack E. May Family Trust 316 Orange Avenue NW Roanoke,VA 24012 . . 3020201 1212 Williamson Road, NE Randall Sheetz 3070901 Carver Avenue, NE 315 S. Stewart Street Winchester, VA 22601 3070103 Dunbar Street, NW City of Roanoke 3070104 3070120 3070121 3080433 1802 Courtland Road, NE 3070108 Lukens Street, NE Ernest D. Tate, Trustee 12q Qverlook Circle Moneta, VA 24121 3070113 Dunbar Street, NW Yolanda L. Bell 1619 Dunbar Street, NW Roanoke,VA 24012 3070407 110 Wayne Street, NE Farrell Properties, L TD POBox 19346 Roanoke,VA 24019 3070320 Courtland Avenue, NE Alice H. Baker 4101 Hazelridge Road, NW Roanoke,VA 24012 3070105 Lukens Street, NE Arthur C. Edwards 1127 Melrose Avenue, NW Roanoke, VA 24017 3070317 1502 Williamson Road, NE Calvin W. and Mary C. Powers 3070319 POBox 12068 Roanoke, VA 24022 3070504 1330 Courtland Road, NE Southeastern Building Corp. 900 Ridgefield Drive, #250 Raleiqh, NC 27609 3070512 Courtland Road, NE Warren L. Baker, et als 4101 Hazelridge Road, NW Roanoke,VA 24012 3070517 410 Carver Avenue, NE Stanley A. Eichelberger 410 Carver Avenue, NE Roanoke,VA 24012 CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE, S.w., ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 RALPH K. SMITH Mayor December 2, 2002 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request a Closed Meeting to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.2-3711 (A)(1), Code of Virginia (1950), as amended. Sincerely, RKS:sm H:\Agenda.02\Closed Session on Vacancies_wpd CITY OF ROANOKE CITY COUNCIL RALPH K. SMITH Mayor 215 Church Avenue, S.W. Noel C. Taylor Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 Council Members: William D. Bestpitch William H. Carder M. Rupert Cutler Alfred T. Dowe, Jr. C. Nelson Harris Linda F. Wyatt December 2, 2002 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: This is to request a Closed Meeting to discuss a special award, being the Shining Star Award, pursuant to Section 2.2-3711 (A)(10), Code of Virginia (1950), as amended. &:&e.~ William H. Carder Council Member WHC:sm H\Agellda.02\Closed Session Shining SlarAward.wpd vvt-~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36143-120202. A RESOLUTION naming George A. Kegley as Roanoke's Citizen of the Year for the year 2002. WHEREAS, Mr. Kegley, a native of Wythe County, Virginia, graduated from Wytheville High School in 1945 and from Roanoke College in 1949; is a past president of Roanoke College Alumni Association, and was awarded an honorary Doctorate of Humane Letters from Roanoke College in 2001; and WHEREAS, Mr. Kegley was employed by The Roanoke Times from 1949 to 1993, where he worked as a reporter, assistant city editor, and senior writer/business editor; and WHEREAS, Mr. Kegley served in the U.S. Anny at Ft. Knox, Kentucky from 1951-1953 and was editor of the post newspaper, "Inside the Turret"; and WHEREAS, Mr. Kegley has been a member of the Roanoke Valley Community Relations Committee, the City Manager's Community Relations Task Force, the Preservation Foundation of Roanoke Valley, the Preservation Alliance of Virginia, the Western Virginia Land Trust, and vice-chair of the State Library Board; and was a board member and editor of Journal for the History Museum and Historical Society of Western Virginia; and WHEREAS, Mr. Kegley has vo1un1eered his service on the Rescue Mission board and served as its president; with the Pastoral Counseling Center of Roanoke Valley, the Literacy Volunteers of Roanoke Valley, the Roanoke Arts Commission, the Roanoke Cultural Services Committee; on the advisory board for Roanoke Regional Preservation Office, the community H:\MEASURES\r-citizenkegley.doc board of Roanoke Refugee & hnmigration Office, the advisory board of the Transitional Living Center; and with the Blue Ridge Parkway Foundation; and WHEREAS, Mr. Kegley, as an active member of St. Mark's Lutheran Church, has served as editor of the "Synod," an insert in The Lutheran; as a member of Virginia Lutheran Synod Council and of the Board of the Virginia Synod Lutheran Men in Mission; as a trustee and teacher of the Men's Brotherhood Sunday School Class and as a member of the Finance Committee, the Social Ministry Committee, and the Congregation Council at St. Mark's Lutheran Church; as coordinator of the campership program of Lutheran Cooperative Ministries of Roanoke Valley; and as a board member of Virginia Lutheran HOlIles; and I WHEREAS, Mr. Kegley coordinated this year's events celebrating the 150th anniversary of Rail Heritage in Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council, with great pride, respect and admiration, hereby names George A. Kegley to be Citizen of the Year for the year 2002 in the City of Roanoke, Virginia. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Kegley. ATTEST: City Clerk. H:\MEAS URES\r-citizenkegley.doc 'J~~ IN THE COUNCIT- OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36144-120202. A RESOLUTION memorializing the late Adelaide (Laddie) Fisher, a longtime Roanoke Valley resident. WHEREAS, the members of Council learned with sorrow of 1he passing of Ms. Fisher on Tuesday, November 19, 2002; and WHEREAS, Ms. Fisher was a graduate of the University of Michigan and did graduate work at California State University in Fresno; and WHEREAS, after working as the editor of a weekly newspaper in suburban Detroit, Ms. Fisher moved to Roanoke in 1964; and WHEREAS, Ms. Fisher was an award-winning creative writer with many published poems, short stories and novels, including the poem collections "My City" and "Come Walk the Mall," which described Roanoke landmarks and sites; and WHEREAS, Ms. Fisher was Community Services Coordinator and Consultant for Mental Health Services of Roanoke Valley from 1977 to 1981; and WHEREAS, Ms. Fisher served as the Public Information Officer for the City of Roanoke from 1981 to1987; and WHEREAS, Ms. Fisher served as Executive Secretary of the Menial Health Association of the Roanoke Valley from 1968 to 1976, and was later elected a lifetime member of its board of directors; and WHEREAS, Ms. Fisher was instrumental in starting Blue Ridge Behavioral Health Care and coordinated the formation of the Roanoke Area Drug Abuse Control Council; and WHEREAS, Ms. Fisher worked hard to keep people with a history of mental illness from being criminalized by persuading Roanoke Memorial Hospital to establish a holding room where they could be evaluated medically; and WHEREAS, in 1975 Ms. Fisher started the Listener Program, which allowed volunteers to go into schools to talk and in1eract with children who had mental problems; and WHEREAS, Ms. Fisher was a faithful member, teacher, deacon and elder of Raleigh Court Presbyterian Church; and WHEREAS, Ms. Fisher was involved in a variety of community service and civic organizations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Adelaide (Laddie) Fisher, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Fisher's children, David Fisher of Richmond, Mike Fisher of Centreville, Ann Thomas of Fannville, Ca1hy Fisher of Roanoke, and Mary Seymour of Rhode Island. A 1TEST: City Clerk KOREA PRESENTATION TO ROANOKE CITY COUNCIL DECEMBER 2, 2002 1. As you know, Wonju and Roanoke have had a Sister City relationship for 38 years. Many exchanges have taken place over those years and Mayor Smith wanted to focus this exchange on economic development and make business contacts. In addition, a medical exchange was included as part of this mission. 2. After Wonju City staff met our delegation at the new Inchon Airport, we were transported by City staff during our entire stay in Korea. Pictured with Mayor Smith is Jack Tompkins, Vice President of the RoanokelWonju Sister City Committee 3. The Korean Folk Village is Korea's equivalent to Colonial Williamsburg 4. We were impressed with how orderly the Korean school children were 5. The delegation included: Betty Lee (former Principal at Patrick Henry High School and currently with VA Tech Alumni office), Sue Wertz (nurse at Carilion), me, Jean Broyles (nurse at Lewis Gale), Mayor, Dr. Kye Kim (Psychiatrist at Veteran Hospital), and Jack Tompkins. 6. Mayor being tortured 7. Sister Cities Committee hosted a welcoming dinner upon our arrival in Wonju 8. A group of approximately 50 Sister Cities members attend the dinner 9. City Hall 10.Mayor Gi-Yeol Kim welcomes the delegation to City Hall 11. Mayor Kim meets with us in his office 12. Mayor Kim hosted a luncheon for the delegation 13. Mayor Kim bestows honorary Wonju citizenship on Mayor Smith 14. Mayor Kim presents gift to the City of Roanoke, it may be arriving by boat someday.. . 15. Vice Mayor of Wonju escorted the delegation to the Tattoo Festival 16. International Tattoo Festival- for those of you in the viewing audience, a 'Tattoo Festival" is a group of military bands performing 1 17. South Korean drill team performs at Tattoo Festival 18. Many countries performed including New Zealand, France and the U.S. 19. Each morning we met for breakfast at our hotel 20. Mayor and I gave a Power Point presentation at the Wonju Chamber of Commerce, with an overview of the Roanoke economy, major businesses located here, the Roanoke Center for Industry and Technology, the South Jefferson Redevelopment Area and Biomedical Park, etc. 21.Approximately 40 businessmen from Wonju attended the Chamber of Commerce presentation 22. Overview of potential opportunities 23. Taken on a tour of Mando Auto parts manufacturing facility; very modern, heavily robotocized, already export to the U.S. with Ford and Chrysler as customers 24. Mayor Smith was fascinated by the Hyundai flat bed trucks 25. Mayor shows hinge that allows all three sides of the truck to fold down 26. We ate many meals on the floor - the floors were heated though! 27. Form Mayor Han visited Roanoke in 1998 28. Mayor Smith gave Mayor Han a metal replica of the Roanoke Star 29. Downtown Wonju is ablaze with neon lights 30. On our last day in Wonju we visited their biomedical park 31. The park exists on the campus of Yonsei University 32. Yonsei University, Wonju Campus has over 6000 students and 150 students in the Department of Biomedical Engineering 33. The new Medical Instrument Support Center will be approx. 95,000 sq. ft. 34. Most of the funding came from national and provincial government 35. Dr. Young Ho Kim runs the Medical Instrument Techno-Center 36. Dr. Kim demonstrates equipment provided through a grant by the City of Wonju 2 37. The City of Wonju purchased this building in 1998 to be used as a medical instrument incubator 38. As you can see, the incubator does the following 39. At the entrance, a floor plan of the building shows the business locations 40. An example of some of the companies currently operating at the Medical Instrument Complex 41. Mr. Yu-Jin Go, Chairman of the Selection Committee as well as President of Biotron 42. Mediana, one of the firms we toured here 43. Mediana Technician demonstrates one of their products 44.Assembly taking place at Mediana at the Medical Instrument Complex 45. Mayor Smith demonstrates a hand-held oxygen device assembled at the Medical Instrument Complex 46. Opportunities 47. Next steps - I made a presentation to Dr. Fisher and his staff at CBI on Nov. 21. 48. We also met the President of Sangji University, which shares a sister college relationship with Virginia Western 49.ln Seoul we visited the Hyundai Headquarters, Mr. Y.K. Lee assisted in providing translation for our group and Julie Kim of the Virginia Economic Development Partnership met us in Seoul 50.1 made a Power Point presentation at KOTRA (Korean Trade Authority) Headquarters in Seoul, prior to traveling to Korea, had made arrangements and met with KOTRA officials in Washington, D.C. 51. Follow-up with firms has already begun; Dr. Andy Muelenaer and I met with MediSurf in Richmond on Nov. 6. 52. The End 3 _.~;:.'Cj;.~;(~i.~....\ (f.,',,~t~ ~ "',,~ , ~-. ..." ~ cr -,- I.," - _ '-..~ ,"- CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 2, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Surplus City-owned Property Art Museum-IMAX Theatre Tax Number 4010217 Pursuant to the requirements of the Virginia Code, the City of Roanoke is required to hold a public hearing on the proposed vacation of property rights. This is to request that a public hearing be advertised on the above matter for Council's regular meeting to be held on Monday, December 16, 2002. A full report will be included in the December 16, 2002, agenda material for your consideration. Respectfully submitted, DLB/SEF c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sarah E. Fitton, Engineering Coordinator CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #15-72-110 Teresa I. McDaniel, Secretary Human Services Committee Roanoke, Virginia Dear Ms. McDaniel: This is to advise you that Judy O. Jackson has qualified as a member of the Human Services Committee, for a term ending June 30, 2003. Sincerely, i'n .~-t-J Mary F. Parker, CMC City Clerk ~ MFP:sm pc: Stephanie M. Moon, Deputy City Clerk H:\Agenda.02\December 2,2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, JudyO. Jackson, do solemnly swear (or affirm) that I will support the Constitution ofthe United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Human Services Committee, for a term ending June 30, 2003, according to the best of my ability. ~c/4d~ Subscribed and sworn to before me this i.i:':day of't'l ().,j 2002. ::TZRU~'~;K , DEPUTY CLERK '_"~_'.U'"~"''''',''"''_'' ~'-k........_",;,."."" CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #15-20-77-110 Ms. Georgene P. Elmore, Secretary City of Roanoke Transportation Safety Commission Roanoke, Virginia Dear Ms. Elmore: This is to advise you that John W. Brown, Jr., and Rick Clark have qualified as members of the City of Roanoke Transportation Safety Commission, for terms ending October 31, 2006. Sincerely, ~t,.l-:~.lrn.~ .JAN Mary F. Parker, CMC r - - City Clerk MFP:sm pc: Stephanie M. Moon, Deputy City Clerk H:\Agenda.02\December 2,2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, John W. Brown, Jr" do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31,2006, according to the best of my ability. 9t-wvJ~~Sl~ Subscribed and sworn to before me this ::207daiLL2002. ARTHUR B. CRUSH, III, CLERK -------- ,DEPUTY CLERK H:\Agenda.02\November 4, 2002.0aths.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Rick Clark, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the City of Roanoke Transportation Safety Commission, for a term ending October 31,2006, according to the best of my ability. ?...~ Subscribed and sworn to before me this /:5"" day of A/eJu 2002. ARTHUR B. CRUSH, III, CLERK , EPUTY CLERK H:\Agenda.02\November 4, 2002.0aths.wpd CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk December 6, 2002 File #15-110-207 Margaret R. Baker, Secretary Industrial Development Authority of the City of Roanoke 2140 Windsor Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Baker: This is to advise you that Dennis R. Cronk has qualified as a Director of the Industrial Development Authority, for a term ending October 20, 2006. Sincerely, ~h1,~ Mary F. Parker, CMC City Clerk MFP:sm pc: Stephanie M. Moon, Deputy City Clerk H:\Agenda.02\December 2,2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Dennis R. Cronk, do solemnly swear (or affirm) that I will support the Constitution ofthe United States of America and the Constitution ofthe Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a Director of the Industrial Development Authority of the City of Roanoke, for a term of four years commencing October 21,2002, and ending October 20, 2006, according to the best of my ability. ~~ ./' Subscribed and sworn to before me this -.!i day of /lIt. 2002. ARTHUR B. X' III, c~ BY~ ;;;C. , DEPUTY CLERK H:\A.genda.02\October 15, 2002 correspondence.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #15-110-304 Marion A. Vaughn-Howard, Secretary Youth Services Citizen Board Roanoke, Virginia Dear Ms. Vaughn-Howard: This is to advise you that Ashley Johnson has qualified as a member of the Youth Services Citizen Board to fill the unexpired term of Duriel M. Wood, ending May 31,2003. Sincerely, ~n,.~ .t..;J Mary F. Parker, CMC fT - City Clerk MFP:sm pc: Stephanie M. Moon, Deputy City Clerk H:\Agenda.02\December 2,2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ashley Johnson, do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board, to fill the unexpired term of Duriel M. Wood, ending May 31,2003, accordi g to the best of m ability. Subscribed and sworn to before me this:XJ'fb day of f{]N. 2002. ARTHUR B. CRUSH, III, CLERK , DEPUTY CLERK H:\Agenda.02\November 4, 2002.0aths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #32-51-110 Patti K. Hanes, Secretary New Construction Code, Board of Appeals Roanoke, Virginia Dear Ms. Hanes: This is to advise you that Barry W. Baird has qualified as a member of the New Construction Code, Board of Appeals, for a term ending September 30,2007. Sincerely, ~ "'YY).lY\o~ Mary F. Parker, CMC City Clerk MFP:sm pc: Stephanie M. Moon, Deputy City Clerk H:\Agenda.02\December 2, 2002 correspondence.wpd Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Barry W. Baird, do solemnly swear (or affirm) that I will support the Constitution ofthe United States of America and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the New Construction Code, Board of Appeals, for a term ending S"I,mb" 30, 2007, '000",;" to th, b,,1 of .J L / Subscribed and sworn to before me this J9'!fray of k 2002. ARTHUR B. CRUSH, III, CLERK B , DEPUTY CLERK N:\CKMH1\Agenda.02\September 16, 2002.0aths.wpd CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 2, 2002 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I would like to sponsor a request from Bruce M. Wood, Executive Director of the Workforce Investment Act Services in which he is requesting to brief City Council on the Workforce Investment Act Services activities at the regular meeting of City Council on Monday, December 2, 2002. Sinc rely, Darlene L. Burc City Manager DLB:sm c: City Attorney Director of Finance City Clerk 11 -27-202 5, 07Pf~ FROM WORKFORCE DEv BOARD 5407676084 P.2 Vieit'Kforce Western Virginia Workforce: Development Board NETWORK 108 N. JetTerson Stree, Suite 503 Roanoke, Virginia 240 16 November 27, 2002 Phone (540) 767-6149 Fax (540) 767-6084 www.westernvaworkforce.com Mayor Ralph K, Smith and Members of Roanoke City Council City of Roanoke 215 Church Avenue, Room 452 Roanoke, Virginia 24011-1594 Dear Mayor Smith & Members of Roanoke City Council; As the new Executive Director of the Western Virginia Workforce Development Board, I would appreciate the opportunity to brief City Council regarding the current status of the Workforce Development Board. The City of Roanoke is an important participant in the successful implementation of the Workforce Investment Act, which will playa key role in future economic development of Area III (Counties of Alleghany, Botetourt, Craig, Franklin, Roanoke and Cities of Covington, Roanoke and Salem). Thankyou for your consideration. Sincerely, ~~\M.~ Bruce M. Wood Executive Director bruce.wood@educalion.edu CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #5-68 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36146-120202 authorizing the City Manager to accept the donation of $15,000.00 from the Allstate Foundation for specialized Homeland Defense training to be provided by the City of Roanoke Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 2, 2002. Council Member Cutler suggested that Police Officer Eric A. Horne be invited to a future City Council meeting to present a briefing on Homeland Defense training. Sincerely, ~YrJ. ht~ ..INJ Mary F. Parker, CMC 0- City Clerk MFP:sm Attachment pc: Jesse A. Hall, Director of Finance Rolanda Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Department of Management and Budget H:\Agenda.02\December 2,2002 correspondence.wpd CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853.1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk December 11, 2002 File #5-68 Sherry Thurman, Allstate Foundation Coordinator Allstate Foundation 1819 Electric Road, S. W. Roanoke, Virginia 24019 Dear Ms. Thurman: I am enclosing copy of Resolution No. 36146-120202 authorizing the City Manager to accept the donation of $15,000.00 from the Allstate Foundation for specialized Homeland Defense training to be provided by the City of Roanoke Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 2, 2002. On behalf of the City of Roanoke, I would like to express appreciation for the generous donation by the Allstate Foundation. ~'~J~ Mary F. Parker, CMC City Clerk MFP:mh Enclosure ftb IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2002. No. 36146-120202. A RESOLUTION authorizing the City Manager to accept the donation of $15,000 from the Allstate Foundation for use by the City of Roanoke Police Department for specialized Homeland Defense training, and expressing appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to accept the donation of$15,000 from the Allstate Foundation for specialized Homeland Defense training to be provided by the City of Roanoke Police Department, in accordance with the recommendation contained in the City Manager's report to City Council dated December 2, 2002. 2. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to the Allstate Foundation for its generous donation to the City. 3. The City Clerk is directed to forward an attested copy of this resolution to the Allstate Foundation. ATTEST: City Clerk CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #5-60-68 Jesse A. Hall Director of Finance Roanoke, Virginia Dear Mr. Hall: I am attaching copy of Ordinance No. 36145-120202 amending and reordaining certain sections of the 2002-2003 General Fund Appropriation, to provide for appropriation of $15,000.00, in connection with a donation from the Allstate Foundation for Homeland Defense training. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 2,2002, and is in full force and effect upon its passage. Sincerely, ~~.~ I~Mary F. Parker, CMC r City Clerk MFP:sm Attachment pc: Darlene L. Burcham, City Manager Rolanda Russell, Assistant City Manager for Community Development A. L. Gaskins, Chief of Police Barry L. Key, Director, Department of Management and Budget H:\Agenda.02\December 2,2002 correspondence.wpd ,,?-~'7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 2nd day of December, 2002. No. 36145-120202. AN ORDINANCE to amend and reordain certain sections of the 2002-2003 General Fund Appropriation, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2002-2003 General Fund Appropriations be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety $ Police Services (1) .......................................................................... 46,529,985 2,793,227 Revenues Miscellaneous $ Miscellaneous (2) .................. ....... ..... ....... ... .............................. ...... 310,045 155,545 1) Homeland Defense 2) Homeland Defense- Allstate (001-640-3114-2164) (001-110-1234-0846) $ 15,000 15,000 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE OTY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 2, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr. Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Donation to Homeland Defense Initiative Background: As the horrific events of September 11, 2001 were taking place all law enforcement agencies were forced to evaluate their response to acts of terrorism. The Roanoke Police Department has taken a pro-active approach to reduce the risk, and subsequently prepare the community for these threats. The mission of the Police Department's Homeland Defense Initiative is to assist organizations in the private, public, and government sector with awareness and understanding of combating terrorism through teamwork and partnerships. The Police Department has developed and offers to Roanoke Valley officers a forty (40) hour block of instruction which focuses specifically on domestic preparedness through deterrence and combating terrorism. Additional specialized training has been identified in an effort to provide officers with adequate training to enhance their ability to prepare these jurisdictions. The Allstate Foundation has offered to donate $15,000 to the Police Department to offset expenses incurred from providing this specialized training. City Code Section 2-263 requires Council action to approve acceptance of gifts exceeding $5,000 in value. Honorable Mayor and Members of Council December 2,2002 Page 2 Recommended Action: Council authorize acceptance of $15,000 for Homeland Defense training from the Allstate Foundation and express appreciation for the same. Council authorize the appropriation of funding in account 001-640-3114-2064 with a revenue estimate of the same amount to be established in the General Fund. Respectfully submitted, ~~J~ Darlene L. Burcham City Manager DLB:fjd C: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Rolanda Johnson, Assistant City Manager A. L. Gaskins, Chief of Police CM02-0257 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #24-27-468-529 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Ordinance No. 36147-120202 amending and reordaining subsections (a) and (e) of Section 26-55, Measurement: samplinq. etc.. and report of discharqes, of Chapter 26, Sewers and Sewaqe Disposal, Article III, Sewer Use Standards, Code of the City of Roanoke (1979), as amended, to clarify existing provisions of said Chapter and to make provisions consistent with other aspects of the program, which proposed amendments have been approved by the Virginia Department of Environmental Quality. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 2, 2002, and is in full force and effect upon its passage. Sincerely, i!4 t.9\~;'~ tn. ~~ ~Mary F. Parker, CMC ,- City Clerk MFP:sm Attachment H:\Agenda.02\December 2, 2002 correspondence.wpd Darlene L. Burcham December 6, 2002 Page 2 pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Clifford R. Weckstein, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Michael T. McEvoy, Director of Utilities S. Scott Shirley, Manager, Water Pollution Control Plant N:\CKMH1\Agenda.02\December 2.2002 correspondence.wpd p:i IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36147-120202. AN ORDINANCE amending and reordaining subsections (a) and (e) of S26-55, Measurement: sampling, etc., and report of discharges, of Chapter 26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City of Roanoke (1979), as amended, in order to clarify existing provisions of this Chapter and make them consistent with other aspects of the program; which proposed amendments have been approved by the Virginia Department of Environmental Quality (DEQ); and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 26-55, Measurement: sampling, etc., and report of discharges of Chapter 26, Sewers and Sewage Disposal, Article III, Sewer Use Standards, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows; S26-55. Measurement: sampling, etc., and report of discharges. (a) The owner of each facility discharging other than normal wastewater or discharging Group A wastewater shall upon the written request of the control authority submit monthly, or at other frequency as may be required by the control authority, to the city, on forms supplied by the city, a certified statement of the quantities of its wastes discharged into the sewers and sewage works of the city or into any sewer connected therewith. Copies of pertinent water bills may be required to be submitted with the above statement. Such documents shall be filed with the city not later than the tenth day of H :\MEASURES\o-amsewuseord.l good.doc 1 the following month. A separate statement shall be filed for each industrial plant. The total quantities of wastes to be measured and certified by the person so discharging shall be established by the control authority and shall, as a minimum, include: (I) Liquid in gallons. (2) Five-day BOD in pounds. (3) Suspended solids in pounds, on a dry solids basis. (4) Total phosphorus in pounds. (5) Total Kjeldahl nitrogen in pounds. (6) COD in pounds. * * * (e) Composite samples shall consist of samples taken at least every hour for the time period required by the facilitrs permit using flow proportional or time composite sample collection methods. Such samples shall be properly refrigerated. For oil and grease, pH, phenols, cyanide, volatile toxic organics and other appropriate pollutants, proper grab sampling shall be performed. Such sampling shall be repeated on as many days as necessary to insure representative quantities for the entire reporting period. Industrial plants with wide fluctuations in quantities of wastes shall provide an automatic sampler paced automatically by the flow-measuring device. * * * 2. Pursuant to the provisions of S 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. H: \MEASURES\o-amsewuseord.1 good. doc 2 CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 2, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Recommended ReviSions to the Sewer Use Standards Background: Upon annual review of the Sewer Use Standards, staff identified one item which requires modification and a second item which requires clarification. The recommendations include the addition of language to allow for regulated industries to use time composite sampling and the second modification cldrifies that regulated industries will submit surcharge information upon written request of the Control Authority (Water Pollution Control Plant). These recommended changes will help reduce the compliance burdens for our regulated industries. The Department of Environmental Quality has reviewed these recommended changes and has classified the changes as minor and issued their approlf;.ti. The Honorable Mayor and Members of Council Recommended Revisions to the Sewer Use Standards December 5, 2002 Page 2 Recommended Action: Adopt the revisions to the Sewer Use Standards, Code of the City of Roanoke (1979), as amended, Article III of Chapter 26, subsections 26-55 (a) and (e), as set forth in the attached ordinance. Respectfully submitted, Wws Darlene L. Burc City Manager DLB:mtm/ss c: George C. Snead, Jr., Assistant City Manager for Operations William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Mary F. Parker, City Clerk Michael T. McEvoy, Director of Utilities S. Scott Shirley, WPC Division Manager CM02-00261 CITY OF ROANOI(E Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #79 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36148-120202 adopting a new policy and procedure with respect to requests of certain non-profit organizations to exempt certain property from taxation, pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia, repealing Resolution No. 30884-021892, adopted February 18, 1992, as amended by Resolution No. 35645-111901 adopted November 19, 2001. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 2, 2002, and is in full force and effect on January 1, 2003. With reference to the Downtown Service District Tax, Council Member Carder inquired about application of the policy which requires an annual service charge equal to 20 per cent of the real estate tax levy that would be applicable to the real property of an organization if the organization were not exempt from such tax. Sincerely, ~rn.~ ~ary F. Parker, CMC r' - o - City Clerk MFP:sm Attachment H:\Agenda.02\December 2,2002 correspondence.wpd Darlene L. Burcham December 6, 2002 Page 2 pc: The Honorable Sherman A. Holland, Commissioner of the Revenue The Honorable David C. Anderson, Treasurer William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Willard N. Claytor, Director of Real Estate Valuation Barry L. Key, Director, Department of Management and Budget H:\Agenda.02\December 2,2002 correspondence.wpd \JlA.~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36148-120202. A RESOLUTION adopting a new policy and procedure with respect to requests of certain non-profit organizations to exempt certain property from taxation pursuant to Article X, (l6(a)(6), of the Constitution of Virginia, repealing Resolution No. 30884-021892, adopted February 18, 1992, as amended by Resolution No. 35645-111901, adopted November 19, 2001. WHEREAS, this Council by the adoption of Resolution No. 30884-021892, on February 18, 1992, as amended by Resolution No. 35656-111901, established the policy ofthe City with respect to supporting requests of non-profit organizations for tax exempt status for their property; WHEREAS, on November 5, 2002, an amendment to the Constitution of Virginia was approved by the electorate and transfers the responsibility of determining tax exempt status of properties of certain non-profit organizations from the General Assembly to the local governing bodies ofthe Commonwealth. THEREFORE, BE IT RESOLVED by the Council ofthe City of Roanoke as follows: 1. Resolution No. 30884-021892, adopted on February 18, 1992, was amended by Resolution No. 35645-111901, be it and is hereby REPEALED. 2. City Council hereby adopts, effective January 1, 2003, and approves a new policy and procedure in connection with requests from non-profit organizations for tax exemption of certain property in the City by adopting the Process for Determination of Property Tax Exemption, dated December 2, 2002, and attached to the City Manager's letter of December 2,2002, recommending adoption of this procedure. ATTEST: City Clerk. I:\R. T AXEXEMPTPOLICYNEW.l.DOC CITY OF ROANOKE OFFICE OF THE CITY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 2, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Subject: Process for Determination of Property Tax Exemption Dear Mayor Smith and Members of City Council: Background: On November 5, 2002, Virginians voted in favor of the Constitutional Amendment # 2 of Article X, Taxation and Finance, Section 6, Exempt Property. This amendment transfers the responsibility of determining tax exempt property from the General Assembly to the local governing body, with an effective date of January 1, 2003. The city's current policy regarding supporting requests of non-profit organizations to exempt certain property from taxation was adopted February 18, 1992. It requires that such organizations agree to pay an annual service charge equal to 20% of the real estate tax levy on the property to be exempted as a condition to receiving a resolution from City Council supporting its request for tax exemption to the General Assembly. The General Assembly requires a resolution by the local governing body before processing a request for an exemption. Considerations: The constitutional amendment requires a modification to our current policy for supporting requests of non-profit organizations to exempt certain property from taxation. Essentially, City Council will now have final authority for determining tax-exempt Honorable Mayor and Members of Council December 2,2002 Page 2 property for non-profit organizations. Although the attached policy redefines the process and has been reviewed by the Commissioner of the Revenue, the Director of Real Estate Valuation, and the City Clerk, further legislation may be forthcoming from the General Assembly which may require further amendment of the policy. Recommendation: City Council approve a modified city policy regarding the determination of tax-exempt property, similar in content to Attachment 1. Respectfully submitted, DLB/vst Attachment c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance Sherman A. Holland, Commissioner of Revenue Willard N. Claytor, Director of Real Estate Valuation David C. Anderson, City Treasurer Barry L. Key, Director of Management and Budget #CM02-00260 . Process for Determination of Property Tax Exemption Step 1, Determination of Tax-Exempt Status by Classification or Designation per the Code of Virginia Any organization planning to seek tax-exempt status for its real property must first request in writing on the organization's letterhead a determination from the Commissioner of the Revenue whether the organization is already eligible for tax- exempt status by classification or designation per Title 58.1, Chapter 36 - Tax Exempt Property, of the Code of Virginia (1950), as amended. The organization must include a written description of the intended use of the property for which tax exemption is being requested. The Commissioner of the Revenue will respond to the organization in writing after a determination of tax-exempt status has been made. If the organization is already eligible for tax-exempt status and the intended use of the property is determined to be consistent with the mission of the organization, the organization will be so informed in writing. If the organization is not already eligible for tax-exempt status, the organization should then proceed to Step 2. Step 2, The organization must file a petition with the City Clerk by March 15th in order to be considered for tax-exempt status by City Council for the next tax year beginning July 1st. The petition must include the following information: 1. Descriptive information regarding the organization and the nature of its request; 2. Legal basis for the request referencing the appropriate section of the State code; 3. Statement that the Commissioner of the Revenue has determined the organization is not already eligible for tax-exempt status by classification or designation (see Step 1.) - a copy of the written determination must be attached to the petition; 4. Statement that the organization agrees to pay to the City an annual service charge equal to twenty percent of the real estate tax levy that would be applicable to the real property of the organization if the organization were not exempt from such taxation, for as long as the tax exemption is in effect; 5. Responses to questions set forth in subsection B of Section 30-19.04. of the Code of Virginia (1950), as amended; and 6. Statement that the organization agrees, if approved for tax-exempt status, to provide information to the Director of Real Estate Valuation upon request to allow a triennial review of the tax-exempt status of the organization. Step 3. The City Clerk will forward the petition to the City Manager by April 15th for evaluation and recommendation to City Council prior to July 1st. The City Attorney will prepare a resolution and/or an ordinance for adoption by City Council. Step 4. The process that 9 30-19.04 sets out for adopting a resolution and which will work for adoption of an ordinance is as follows: 1. The local governing body proposes an ordinance. 2. A public hearing is set and advertised. The advertisement must be run once in a local newspaper. 3. A notice for the public hearing must set out the assessed value of the property, both real and personal that the organization requests to have exempted, and must indicate the amount of taxes that were paid or would have been paid in the most recent years on that property. The public body may require the organization to pay the cost of advertising the notice. 4. The public hearing may not be held sooner than five (5) days after the notice. 5. The public body must consider the following issues before voting to adopt the exemption ordinance: a. Whether the organization is exempt from taxation pursuant to 501 (c) of the Internal Revenue Code of 1954; b. Whether a current annual alcoholic beverages license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; c. Whether any director or officer of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director or officer actually renders; d. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions or local, state or federal grants. As used in this subsection, donations shall include the providing of personal services or the contribution of in-kind or other material services; e. Whether the organization provides services for the common good of the public; f. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; g. No rule, regulation, policy, or practice of the organization discriminates on the basis of religion, conviction, race, color, sex or national origin; h. The revenue impact to the locality and its taxpayers of exempting the property; and i. Any other criteria, facts and circumstances which the governing body deems pertinent to the adoption of such resolution. The ordinance will identify what kind of exemption the ordinance extends the organization: religious, charitable, patriotic, historical, benevolent, cultural or public park and playground. CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk MARY F. PARKER, CMC City Clerk December 6, 2002 File #530 Robert Young, President Robert Young Towing 210 Carver Avenue, N. E. Roanoke, Virginia 24012 Thomas A. Wood, President Wood's Service Center 418 Washington Avenue Vinton, Virginia 24179 Gentlemen: I am enclosing copy of Resolution No. 36149-120202 rejecting all bids received by the City for a towing contract. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 2, 2002. On behalf of the City of Roanoke, thank you for submitting your bid for a towing contract. Sincerely, . 11l.Y1~ ary F. Parker, CMC City Clerk MFP:sm Enclosure pc: Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance George C. Snead, Jr., Assistant City Manager for Operations Jeffrey H. Powell, Director, Department of General Services Robert H. Bird, Acting Manager, Purchasing H:\Agenda.02\December 2, 2002 correspondence,wpd ~f.\ov' !')-' " \\\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36149-120202. A RESOLUTION rejecting all bids for a City of Roanoke Towing Contract. BE IT RESOLVED by the Council of the City of Roanoke that: I. All bids received by the City for a Towing Contract, are hereby REJECTED. 2. The City Clerk is directed to notify all bidders and to express to each the City's appreciation for said bids. 3. The City Manager is authorized to make any changes in the format used in the Invitation for Bid for City Towing Contract or the procurement documents deemed advisable and to reissue an Invitation for Bid. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CTIY MANAGER Noel C. Taylor Municipal Building 215 Church Avenue, S.W., Room 364 Roanoke, Virginia 24011-1591 Telephone: (540) 853-2333 Fax: (540) 853-1138 CityWeb: www.roanokegov.com December 2, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Rejection of Bids-City Towing Contract Background: Invitation for Bid # 02-08-05 City Towing Contract was advertised in the Roanoke Times and Roanoke Tribune. The invitation for bid was mailed to ten prospective bidders. A pre-bid conference was held September 23, 2002. As a result of questions asked during that pre-bid conference, two addenda were sent to prospective bidders, one extending the deadline for receiving bids from October 7 to October 28 and the other clarifying questions that were asked at the pre-bid conference. On October 28, 2002, two bids were received, one from Robert Young Towing and the other from Woods Service Center. Considerations: After reviewing the two bids received, both bidders responded in a way deemed to be "non- responsive." The reviewers had to make assumptions as to annual costs for both bidders as both provided their bids in formats different than that requested by the City. We plan to sit down with both bidders and discuss format so as to be able to accurately compare bids in response to another IFB. The only way to accomplish this is to recommend rejecting both bids and then have a follow-up meeting with both bidders. Following this meeting, the format will be revised and readvertised. Mayor Smith and Members of City Council December 2, 2002 Page 2 Recommended Action: Reject all bids submitted on IFB 02-08-05, City Towing Contract. Darlene L. Burc City Manager DLB:rdf c: Mary F. Parker, City Clerk William M. Hackworth, City Attorney Jesse A. Hall, Director of Finance George C. Snead, Assistant City Manager for Operations Jeffrey H. Powell, Director of General Services CM02-Q0259 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #24-79-162 The Honorable Clifford R. Weckstein, Judge Twenty-Third Judicial Circuit of Virginia Roanoke, Virginia Dear Judge Weckstein: I am attaching copy of Ordinance No. 36150-120202 amending Section 32-39, Board of Equalization, Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, by changing the terms of appointment of members to the Board of Equalization. The above-referenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 2,2002, and is in full force and effect upon its passage. Sincerely, ~fh~ Mary F. Parker, CMC City Clerk MFP:sm Attachment H:\Agenda.02\December 2,2002 correspondence.wpd The Honorable Clifford R. Weckstein December 6, 2002 Page 2 pc: The Honorable Robert P. Doherty, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable William D. Broadhurst, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Charles N. Dorsey, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable James R. Swanson, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable Francis W. Burkart, III, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court The Honorable Arthur B. Crush, III, Clerk, Circuit Court Sheila N. Hartman, Assistant City Clerk, (For transmittal by electronic mail to Municipal Code Corporation) Raymond F. Leven, Public Defender, 210 First Street, S. W., Roanoke, Virginia 24011 Ronald S. Albright, Clerk, General District Court David C. Wells, Clerk, Juvenile and Domestic Relations District Court Peggy B. Stewart, Office of the Magistrate Michael R. Meise, Law Librarian Darlene L. Burcham, City Manager Jesse A. Hall, Director of Finance Willard N. Claytor, Director, Real Estate Valuation N:\CKMH1\Agenda.02\December 2.2002 correspondence.wpd 'I/^~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36150-120202. AN ORDINANCE amending 932-39, Board of Equalization, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, by changing the terms of appointment of members to the Board of Equalization; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-39, Board of Equalization, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended, by changing the terms of appointment of members to the Board of Equalization, and reordained to read and provide as follows: 932-39. Board of equalization. Pursuant to the provisions of Section 58.1-3373, Code of Virginia, a board of equalization of real estate assessments for the city shall be appointed not later than March first of each year by the circuit court for the city. The board of equalization shall be composed of three (3) members, who shall be freeholders and citizens of the city, and the terms of such members shall commence on their appointment. For terms commencing on January 1, 2003, one member shall be appointed for a term of one year, one member shall be appointed for a term of two years and one member shall be appointed for a term of three years. As the terms of the initial appointees expire their successors shall be appointed for terms of three years. Such board shall have such powers and duties as are conferred on local boards of equalization by Article 14 of Chapter 32 of Title 58.1 (section 58.1-3370, et seq.) of the Code of Virginia (1950), as amended. The members of such board shall receive such per diem compensation for the time actually engaged in the duties of the board as may be fixed by city council. The council shall have the right to such time as, in its opinion, is sufficient for the work of the board. 2. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF CITY ATIORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 WILLIAM M. HACKWORTH CITY ATTORNEY TELEPHONE: S40-8S3-2431 FAX: 540-853-1221 EMAu..: cityatty@Ci.roanoke.va.us ELIZABETH K. DILLON STEVEN J. TALEVI GARY E. TEGENKAMP DAVID L. COLLINS HEATHERP.FERGUSON ASSISTANT CITY AITORNEYS December 2, 2002 The Hanarab1e Mayor and Members af City Cauncil Raanake, VA 24011 Re: Baard afEqualization Dear Mayar Smith and Members afCauncil: Section 32-39 of the Cade of the City afRaanoke autharizes the Circuit Caurt to. appoint annually three persons to. serve ane-year terms as a Board af Equalization far the City with the. autharity to. adjust, upon appeal, real praperty assessments. Sectian 58.1-3373, Cade af Virginia, in the alternative, permits the appointment by the Court af either three ar five members to such a baard, who wauld be appainted for staggered terms of three terms (initial appointments would be far terms of ane, two, and three years in order to. implement the staggered terms), in arder to. create an an-gaing ar "permanent" board. A "permanent" baard would have the advantage af helping ensure that ane ar mare members af the baard are experienced in their wark, and will help ensure cantinuity_ Will Claytar, Director af Real Estate Valuatian, supports creatian of a "permanent" board. The choice af appainting Board af Equalizatian members for annual, ar three-year terms, is a policy issue far Council. I have prepared an ardinance that wauld amend 932-39 and create a "permanent" board, and it is enclased far yaur cansideratio.n. Please let me kno.w if yo.u have any questions with regard to. this matter. With kindest perso.nal regards, I am Sincerely yo.urs, LJ~ ^-1,~ William M. Hackwo.rth City Attorney WMH:lsc Enclosure c: Darlene L. Burcham, City Manager (w/encL) Willard N. Claytor, Director or Real Estate Valuatian (w/encl.) Mary F. Parker, City Clerk (w/encl.) CITY OF ROANOKE DEPARTMENT OF FINANCE JESSE A. HALL 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 853-2821 Fax: (540) 853-6142 ANN H. SHAWVER Deputy Director email: ann_shawver@ci.roanoke.va.us Director of Finance email: jesse_hall@ci.roanoke.va.us December 2, 2002 The Honorable Ralph K. Smith, Mayor The Honorable C. Nelson Harris, Vice Mayor The Honorable William D. Bestpitch, Council Member The Honorable William H. Carder, Council Member The Honorable M. Rupert Cutler, Council Member The Honorable Alfred T. Dowe, Jr., Council Member The Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: SUBJECT: October Financial Report This financial report covers the first four months of the 2002-2003 fiscal year. The following narrative discusses revenues and expenditures to date. REVENUE The City was recently notified of approximately $387,000 in State revenue reductions. Budgetary adjustments have not been made for these reductions and further cuts in State funding are anticipated before the end of the fiscal year. As of October 31, General Fund revenues reflect an increase of 4.63% or $2,200,000 compared to the prior year, but the aforementioned reductions in State funding will negatively impact General Fund revenues in the upcoming months. Variances in specific categories of revenues are as follows: General Property Taxes increased 4.03% or $984,000. Real estate taxes, which were due October 5, increased 5.04%, and achieved 49.44% of the budget estimate. Personal property levies were up from the prior year. However, the majority of property tax revenue will be received in future months as the taxes become due. Public service corporation taxes declined due to a timing difference, partially offsetting these increases. Assessment information from the State Corporation Commission was received later in the current fiscal and thus, billing and collection of this tax will be later. Other Local Taxes rose 6.90% or $701,000. Sales tax revenue was up 2% from the prior year. Electric utility consumer taxes increased due to a timing difference in monthly collections. Cellular phone tax revenue continued to increase, up approximately $180,000 from the same period of the prior year. A rate increase for admissions tax was effective July I, 2002, and generated additional revenue. In addition, admissions tax collected from movie theaters was up substantially from the prior year. Transient room tax also increased, up approximately 8% from the prior year. These increases are partially offset by a decline in cable television franchise tax caused by a timing difference in the receipt of revenues, which are paid to the City quarterly. Permits, Fees and Licenses declined 18.40% or $67,000. Permit valuations for commercial projects during the first quarter of the current fiscal year were lower than the same period in the prior year, having a negative impact on building Honorable Mayor and Members of Council December 2, 2002 Page 2 and heating inspection fees. Elevator inspection has been privatized with the majority of fees paid directly to a third party, causing a decline in elevator inspection fees. There was also an expenditure decline related to this privatization effort. A timing difference in the collection of utility commercial fees also contributed to the decrease in this category. Charges for Services rose 12.94% or $107,000. Several new fees were authorized by the 2002 General Assembly and were effective July I, 2002, including a courthouse security fee, inmate processing fee, and DNA sampling fee. Circuit Court Clerk fees were up. A new fee structure for bulk garbage collection generated additional revenue. A rate increase in EMS fees was effective April I, 2002, contributing to the increase in this category. While overall revenue in this category is up from the prior year due to fee increases and the establishment of new fees, several of these fees are under performing their estimates. EXPENDITURES AND ENCUMBRANCES General fund expenditures and encumbrances have decreased .72% or $535,000 compared to FY02. Variances in individual expenditure categories are discussed as follows: General Government expenditures decreased 5.45% or $217,000. Personal service costs in various departments declined due to a hiring slow down. Reimbursement from the School for services provided by Municipal Auditing was received earlier in F03 than the prior year. Since this is accounted for as a recovered cost, it has the effect of reducing expenditures in FY03 compared to FY02. Electoral Board and Office of Billings and Collections expenditures were down due to the purchase of office furniture during the same period in the prior year. Health and Welfare expenditures rose $460,000 or 6.33%. Timing differences in payment to Total Action Against Poverty contributed to this increase. Expenditures under the Comprehensive Services Act (CSA) were up due to a substantial increase in the number of children in foster care. Special education private day school placements were also up from the prior year, contributing to the increase in CSA expenditures. The City's share of the state and local hospitalization program increased from the same period in the prior year. Parks, Recreation and Cultural expenditures declined 10.58% or $201,000. Personal services costs of the Recreation department declined. Pool supplies, a scoreboard and miscellaneous furnishings and appliances for the fitness centers were purchased in the prior year. A larger amount of recovered costs received in the current year also contributed to this decline. Community Development expenditures rose $142,000 or 7.37% due to an increase in Housing and Neighborhood Services costs. In September of FY02, this department was reorganized and additional positions were added to handle changes in the code enforcement area. Thus, the first few months of FY02, prior to reorganization, reflect lower personal services costs. Department of Technology charges were also higher in the current year Transfer to Debt Service Fund increased 50.16% or $4,014,000. The current fiscal year was the first year principal and interest payments were required for the Series 2002A General Obligation Bonds, and a larger principal payment was required on the Series 1997B Bonds, increasing the required transfer amount. The final principal and interest payments were made in the prior fiscal year for Series 1992 Refunding Bonds, partially offsetting these increases. Transfer to School Fund increased $935,000 or 6.10%. CMERP appropriations totaling $691,811 were transferred in the current year while no CMERP funds had been transferred by October 31 of the prior year. These funds will be used Honorable Mayor and Members of Council December 2, 2002 Page 3 for various school projects including technology requests, bus replacement, facility maintenance and physical education equipment. Nondepartmental expenditures decreased 58.39% or $5,061,000. A timing difference in the transfers to Capital Projects Fund contributed to this variance. Essentially all transfers to the Capital Projects Fund were made at the beginning of FY02, but these are planned for mid- and end of year in FY03, consistent with other General Fund budgeted transfers. A larger amount of CMERP funding was transferred to the Capital Projects and Department of Technology Funds in the prior year. Transfers to the Grant Fund were less in FY03 due to the substantial decrease in VJCCCA funding transferred. As mentioned previously, the state cut this funding source for FY03. A timing difference in the transfer to Greater Roanoke Transit Company partially offsets these increases. I would be pleased to answer questions City Council may have regarding the monthly financial statements. ~ 4. Aldl DIrector of Fmance JAR/tht Attachments CITY OF ROANOKE, VIRGINIA SUMMARY OF CITY MANAGER TRANSFERS AND AVAILABLE CONTINGENCY OCTOBER 31, 2002 Transfer Number Date Explanation From To Amount General Fund: CMT-1368 09/03/02 The Art Project Feasibility Study Contingency. Memberships and Affiliations $ 37,500 CMT-649 09/26/02 American Flag Inventory Police Patrol Transportation-Engineering and Operations 5,100 Total General Fund $ 42,600 Capital Proiects Fund: CMT-646 09/20/02 Century Square Project Special Park Project Sister City Century Square Grants Upgrade $ 145 CMT -646 09/20/02 Century Square Project Roanoke River Center Sister City Century Square Phase I Upgrade 3,855 CMT-1385 10/31/02 Final Household Hazardous Capital Improvement Environmental Issues- Waste Collection Day Reserve PWSC 5,000 CMT-1385 10/31/02 Final Household Hazardous Capital Improvement Settlement State DEQ- Waste Collection Day Reserve PWSC 60,000 Total Capital Projects Fund $ 69,000 Available Continaencv Balance of Contingency at July 1, 2002 $ 476,300 .Contingency Transfers From Above (37,500) Contingency Appropriations Through Budget Ordinances: BO 36022 08/19/02 Drug Prosecutor Contingency Transfer to Grant Fund (9,381) Available Contingency at October 31, 2002 $ 429,419 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revenue Estimate Received 32.40% 18.32% 28.98% 39.20% 34.10% 23.08% 0.00% 21.55% 12.55% 13.29% 25.41% Revised Revenue Estimates 78,340,707 59,301,164 1,030,694 1,116,350 1,082,729 45,687,395 34,300 4,353,761 295,045 2,302,219 $ 193.544,364 July 1 - Oct 31 2001-2002 $ 24,400,464 10,160,019 365,997 289,468 381,792 10,220,743 July 1 - Oct 31 2002-2003 $ 25,364,922 10,861,148 298,644 437,650 369,245 10,545,403 Percentage of Change 4.03 % $ 6.90 % -18.40 % 51.19 % -3.29 % 3.18 % 0.00 % 12.94 % 2.18 % -3.21 % 4.63 % Revenue Source General Property Taxes 01her Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-In-Aid Commonwealth Grants-In-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total 830,806 36,227 316,179 $ 47,001,695 938,303 37,017 306,014 $ 49,178,348 STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of Percentage Unencumbered Revised Budget of Change Balance Appropriations Obligated -5.45 % $ 7,863,701 $ 11,619,129 32.32% 3.66 % 4,235,977 6,293,406 32.69% -3.79 % 31,227,554 46,514,985 32.87% -0.79 % 15,169,977 24,962,685 39.23% 6.33 % 19,731,039 27,448,753 28.12% -10.58 % 3,111,008 4,810,029 35.32% 7.37 % 3,429,722 5,502,783 37.67% 50.16 % 4,830,587 16,647,042 71.33% 6.10 % 31,144,497 47,408,556 34.31% -58.39 % 7,047,595 10,654,168 33.85% -0.72 % $ 127 , 791 ,657 $ 202,081 ,536 36.76% July 1 - Oct 31 2001-2002 $ 3,972,041 1,964,726 15,889,735 9,870,811 7,257,997 July 1 - Oct 31 2002-2003 $ 3,755,428 2,057,429 15,287,431 9,792,708 7,717,714 Expenditures General Government Judicial Administration Public Safety Public Works Health and Welfare Parks, Recreation and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total 1,900,129 1,930,829 1,699,021 2,073,061 8,002,205 15,329,223 8,667,348 $ 74,805,044 12,016,455 16,264,059 3,606,573 $ 74,289,879 Notes: Prior year financial statements have been restated to conform to current year presentation. 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period Current Fiscal Year Percent of Revised Revenue July 1 - Oct 31 July 1 - Oct 31 Percentage Revenue Estimate Revenue Source 2001-2002 2002-2003 of Change Estimates Received State Sales Tax $ 1,465,689 $ 1,443,064 -1.54 % $ 9,226,504 15.64 % Grants-in-Aid Commonwealth 11,225,233 12,425,768 10.69 % 43,236,695 28.74 % Grants-in-Aid Federal Government 22,497 18,252 -18.87 % 115,298 15.83 % Charges for Services 288,484 247,408 -14.24 % 2,127,968 11.63 % Transfer from General Fund 15,329,223 16,264,059 6.10 % 46,716,745 34.81 % Special Purpose Grants 3,249,953 3,451 ,327 6.20 % 4,561 ,236 NA Total $ 31,581,079 $ 33,849,878 7.18 % $ 105,984,446 31.94 % SCHOOL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 - Oct 31 July 1 - Oct 31 Percentage Unencumbered Revised Budget Expenditures 2001-2002 2002.2003 of Change Balance Appropriations Obligated Instruction $ 18,266,799 $ 18,152,568 -0,63 % $ 57,791,797 $ 75,944,365 23.90 % General Support 1,099,047 1,274,671 15.98 % 2,745,446 4,020,117 31.71 % Transportation 900,270 965,518 7.25 % 3,052,700 4,018,218 24.03 % Operation and Maintenance of Plant 2,906,408 4,149,597 42.77 % 6,767,816 10,917,413 38.01 % Facilities 1,080,069 953,455 -11.72 % 1,135,111 2,088,566 45.65 % Other Uses of Funds 5,193,508 5,373,037 3.46 % 1,696,682 7,069,719 76.00 % Special Purpose Grants 3,568,002 4,561 ,236 27.84 % 4,561 ,236 NA Total $ 33,014,103 $ 35,430,082 7.32 % $ 73,189,552 $ 108,619,634 32.82 % Notes: Prior year financial statements have been restated to conform to current year presentation. 3 CITY OF ROANOKE, VIRGINIA SCHOOL FOOD SERVICES FUND STATEMENT OF REVENUE Year to Date for the Period $ July 1 - Oct 31 2001-2002 84,483 138,645 367,493 590,621 July 1 - Oct 31 2002-2003 $ 85,171 162,322 332,720 $ 580,213 Percentage of Change Revised Revenue Estimates Current Fiscal Year Percent of Revenue Estimate Received Revenue Source Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Total $ % 17.08 % -9.46 % -1.76 % $ $ 84,464 2,747,730 1,689,923 4,522,117 100.84 % 5.91 % 19.69 % 12.83 % SCHOOL FOOD SERVICES FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1 - Oct 31 July 1 - Oct 31 Percentage Unencumbered Revised Budget EXDenditures 2001-2002 2002-2003 of Change Balance Appropriations Obligated Food Services $ 1,209,170 $ 1,049,366 -13.22 % $ 3,476,125 $ 4,525,491 23.19 % Facilities 23,235 100.00 % (8,789) 14,446 160.84 % Total $ 1,209,170 $ 1,072,601 -11.29 % $ 3,467,336 $ 4,539,937 23.63 % 4 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31, 2002 Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance General Government $ 14,422,884 $ 13,080,118 $ 1,342,766 $ 203,405 $ 1,139,361 Flood Reduction 21,804,532 10,601,273 11,203,259 215,014 10,988,245 Economic Development 32,911,540 23,485,243 9,426,297 96,883 9,329,414 Community Development 6,851,643 4,888,127 1,963,516 969,314 994,202 Public Safety 8,524,471 7,216,071 1,308,400 15,500 1,292,900 Recreation 28,606,392 7,157,900 21,448,492 2,140,232 19,308,260 Streets and Bridges 26,271,040 21,933,039 4,338,001 1,696,332 2,641,669 Storm Drains 3,362,131 2,194,074 1,168,057 432,041 736,016 Traffic Engineering 5,276,952 4,789,728 487,224 360,401 126,823 Capital Improvement Reserve 7,600,186 7,600,186 7,600,186 Total $ 155,631,771 $ 95,345,573 $ 60,286,198 $ 6,129,122 $ 54,157,076 CITY OF ROANOKE, VIRGINIA SCHOOL CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31, 2002 Expenditures Unexpended Outstanding Unobligated Budget To Date Balance Encumbrances Balance Elementary Schools Renovation $ 17,558,105 $ 12,603,779 $ 4,954,326 $ 330,359 $ 4,623,967 Middle Schools Renova1ion 2,840,307 2,723,513 116,794 76,246 40,548 Hi9h Schools Renovation 3,525,763 3,504,008 21,755 153 21,602 Transportation Facility Renova1ion 1,000,000 1,000,000 87,750 912,250 I nterest Expense 262,929 245,413 17,516 17,516 Capital Improvement Reserve 1,051,271 1,051,271 1,051.271 Total $ 26,238,375 $ 19,076,713 $ 7,161,662 $ 494,508 $ 6,667,154 5 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND COMPARATIVE STATEMENT OF REVENUES FOR THE FOUR MONTHS ENDING OCTOBER 31,2002 FY 2003 FY 2002 Interest Revenue: Interest on Bond Proceeds $ 381,180 $ 223,838 Interest on SunTrust Lease 451 7,776 Interest on Idle Working Capital 109,844 214,507 Total Interest Revenue 491,475 446,121 Multi Year Revenues: Intergovernmental Revenue: Federal Government: FEMA - Regional Mitigation Project 19,223 Commonwealth: Passenger Station Improvement - ISTEA 191,554 VDES - Garden City Mitigation Project 10,143 Virginia Transportation Museum - ISTEA 357,791 16,176 Railside Linear Walk - ISTEA 135,386 Total Intergovernmental Revenue 684,731 45,542 Revenue from Third Parties: Advance Stores Governor's Opportunity Fund Agreement 170,000 Carilion Health Systems - Land Sale 375,000 Trigon Insurance - Land Sale 100 Times-Wortd Corporation - Land Sale 100 Total Revenue from Third Parties 170,000 375,200 Other Revenue: Transfers from General Fund 1,284,023 5,147,517 Total Other Revenue 1,284,023 5,147,517 Total $ 2,630,229 $ 6,014,380 6 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31,2002 FY 2003 FY 2002 Operating Revenues Commercial Sales $ 1,368,837 $ 1,098,531 Domestic Sales 936,468 864,416 Industrial Sales 187,474 250,157 Town of Vinton 6,292 5,926 City of Salem 11,402 7,787 County of Botetourt 73,592 62,316 County of Bedford 1,498 5,245 Customer Services 129,326 220,863 Charges for Services 902,184 923,715 Total Operating Revenues 3,617,073 3,438,956 Operating Expenses Personal Services 1,421,978 1,409,756 Operating Expenses 1,390,413 1,387,837 Purchased Water - Roanoke County 875,212 Purchased Water - City of Salem 205,119 Depreciation 560,124 562,178 Total Operating Expenses 4,452,846 3,359,771 Operating Income (Loss) (835,773) 79,185 Nonoperating Revenues (Expenses) Interest on Investments 39,166 77,678 Rent 37,500 24,571 Miscellaneous Revenue 15,670 42,204 Transfer to Department of Technology (41,146) Interest and Fiscal Charges (319,317) (344,584) Net Nonoperating Expenses (268,127) (200,131) Net Income (Loss) $ (1,103,900) $ (120,946) Note: Prior year financial statements have been restated to conform to current year presentation. 7 CITY OF ROANOKE, VIRGINIA WATER POLLUTION CONTROL FUND COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31,2002 FY 2003 FY 2002 Operating Revenues Sewage Charges - City Sewage Charges - Roanoke County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services I nterfund Services $ 1,738,943 229,947 55,355 145,673 44,195 109,784 68,223 $ 1,959,628 199,059 55,428 201,971 (7,156) 56,975 78,216 Total Operating Revenues 2,392,120 2,544,121 Operating Expenses Personal Services Operating Expenses Depreciation 701,864 721,574 1,366,076 1,957,279 631,971 573,185 2,699,911 3,252,038 (307,791) (707,917) Total Operating Expenses Operating Loss Nonoperating Revenues (Expenses) Interest on Investments Miscellaneous Revenue Capital Contributions - Other Jurisdictions Transfer to Department of Technology Interest and Fiscal Charges 54,936 321 14,203 (27,248) (247,963) (205,751) $ (513,542) 76,469 91 (253,192) (176,632) Net Nonoperating Expenses Net Loss $ (884,549) Note: Prior year financial statements have been restated to conform to current year presentation. Negative balance in FY02 is the result of the reversal during that year of an accrual recorded at the end of FY01 where revenues as of October 31 were not yet sufficient to offset the accrual. 8 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31,2002 FY 2003 FY 2002 Operating Revenues Rentals $ 102,215 $ 75,359 Event Expenses 55,412 29,006 Display Advertising 50,200 Admissions Tax 46,121 23,654 Electrical Fees 4,970 5,440 Novelty Fees 400 Facility Surcharge 19,217 21,288 Charge Card Fees 1,740 17,383 Commissions 50,853 637 Catering/Concessions 144,991 125,500 Other 5,397 6,792 Total Operating Revenues 430,916 355,659 Operating Expenses Personal Services 532,939 512,990 Operating Expenses 626,785 474,867 Depreciation 171,685 167,091 Total Operating Expenses 1,331,409 1,154,948 Operating Loss (900,493) (799,289) Nonoperating Revenues Interest on Investments 12,748 9,131 Transfer from General Fund 200,000 Miscellaneous 236 169 Transfer to Debt Service Fund (50,546) Transfer to Department of Technology (47,754) Total Nonoperating Revenues 114,684 9,300 Net Loss $ (785,809) $ (789,989) 9 CITY OF ROANOKE, VIRGINIA PARKING FUND COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31,2002 FY 2003 FY 2002 Operating Revenues Century Station Parking Garage $ 123,573 $ 127,794 Williamson Road Parking Garage 134,969 146,377 Market Square Parking Garage 79,781 75,017 Church Avenue Parking Garage 174,652 152,154 Tower Parking Garage 120,758 122,117 Williamson Road Surface Lots 25,732 24,176 Gainsboro Parking Garage 11,623 Norfolk Avenue Surface Lot 19,700 13,389 Gainsboro Surface Lot 10,755 7,906 Other Surface Lots 54 Total Operating Revenues 701,597 668,930 Operating Expenses Operating Expenses 306,199 218,867 Depreciation 186,339 182,780 Total Operating Expenses 492,538 401,647 Operating Income 209,059 267,283 Nonoperating Revenues (Expenses) Interest on Investments 3,870 4,368 Transfer From General Fund 115,000 32,000 Miscellaneous 4,400 726 Interest and Fiscal Charges (195,937) (165,707) Net Nonoperating Expenses (72,667) (128,613) Net Income $ 136,392 $ 138,670 10 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER COMMISSION COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31,2002 FY 2003 FY 2002 Operating Expenses Salaries and Fringe Benefits 16,234 31,705 Fees for Professional Services 16,587 22,864 Administrative Expenses 1,242 35,227 Total Operating Expenses 34,063 89,796 Nonoperating Revenues (Expenses) Contributions from City of Roanoke 62,500 87,500 Contributions from Virginia Tech 62,500 87,500 Construction Repairs (2) 23,708 Interest on Investments 25,631 48,958 Net Nonoperating Revenues 150,631 247,666 Net Income Before Depreciation 116,568 157,870 Depreciation Expense (170,412) (151,530) Net Income (Loss) $ (53,844) $ 6,340 Notes to Financial Statement: (1) Financial information represents activity of the Commission as accounted for in the City's financial records. (2) Expense items are normally shown with brackets. Reversal of year end accruals without adequate offsetting payment cause construction expenses to be positive through October 31,2001. 11 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE FOUR MONTHS ENDING OCTOBER 31, 2002 TOTALS Department of Fleet Risk Technology Management Management FY 2003 FY 2002 Operating Revenues Charges for Services $ 1,362,541 $ 1,551,512 $ 3,610,511 $ 6,524,564 $ 5,967,000 Total Operating Revenues 1,362,641 1,551,512 3,610,611 6,624,664 6,967,000 Operating Expenses Personal Services 740,427 419,770 50,608 1,210,805 1,239,110 Operating Expenses 448,761 595,319 3,911,646 4,955,726 4,261,536 Depreciation 243,610 699,043 942,653 817,538 Total Operating Expenses 1,432,798 1,714,132 3,982,264 7,109,184 6,318,184 Operating Loss (70,267) (162,820) (361,743) (584,620) (361,184) Nonoperating Revenues (Expenses) Interest Revenue 32,657 5,880 72,110 110,647 197,600 Interest Expense (2,889) (25,886) (28,774) (22,442) Transfers From other Funds 634,753 538,577 1,173,330 2,793,443 Other Revenue 10,184 Net Nonoperating Revenues 664,621 518,672 72,110 1,266,203 2,978,786 Net Income (Loss) $ 594,264 $ 366,962 $ (279,633) $ 670,683 $ 2,627,601 Note: Prior year financial statements have been restated to conform to current year presentation. 12 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OCTOBER 31, 2002 TO THE DIRECTOR OF FINANCE GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY FOR THE MONTH ENDED OCTOBER 31, 2002. BALANCE Af----- ---SALANCEAf-- BALANCE All SEPT 30, 2002 _RECEIP~.DISBURSEMENTS~CT31, 2002 _~CT 31, 2001.~ ~-- ;GENERAL WATER WATER POLLUTION CONTROL CIVIC FACILITIES , PARKING 'CAPITAL PROJECTS CONFERENCE CENTER RKE VALLEY DETENTION COMM DEBT SERVICE DEPT OF TECHNOLOGY MATERIALS CONTROL FLEET MANAGEMENT PAYROLL RISK MANAGEMENT , PENSION SCHOOL FUND SCHOOL CAPITAL PROJECTS SCHOOL FOOD SERVICE ~DETC GRANT --- --- I FUND TOTAL l__________ $5,252,355.50 6,253,000 15 9,145,789.11 3,309,311.90 46,639.48 60,528,94057 4,242,325.14 2,606.00 8,083,639.55 5,204,97436 0.00 801,180.28 (11,791,691.20) 11,755,061.07 854,751.83 13,417,438.91 7,099,353.94 41,862.36 206,035.69 ___ 30,80062 $124,484,37~.26 $20,895,022.31 524,426.61 1,871,889.35 249,07180 237,09500 940,574.57 274,204.55 0.00 6,261,905.46 589,700.54 0.00 1,030,25352 14,578,422.99 646,570.67 1,405,133.79 5,583,47433 1,001,441.76 416,85232 155,441.96 g16,1.50.06 $57,877,63159_, CERTIFICATE $23,838,119.34 1,310,31262 1,540,518.07 829,338.36 143,567.83 1,020,769.82 7,35932 0.00 0.00 223,658.48 0.00 167,163.32 14,901,336.94 833,873.12 1,349,887.25 6,033,41617 20,481.02 456,569.40 253,144.50 ~15,532.62 $53,445,048.18 $2,309,258.47 5,467,114.14 9,477,160.39 2,729,045.34 140,166.65 60,448,745.32 4,509,170.37 2,606.00 14,345,545.01 5,571,016.42 0.00 1,664,270.48 (12,114,605.15) 11,567,758.62 909,998.37 12,967,497.07 8,080,314.68 2,145.28 108,333.15 ~'I,41!.06 _ $128,9161958.67 --- $1,787,02575 6,332,858.63 7,292,147.92 647,56273 310,966.84 36,136,704.70 4,112,771.281 4,242,431.86 13,313,520.52 5,975,084.691' 225,04099 1,187,569.70 I (11,688,455371 12,143,750651 720,549.67 . 11,194,453.23: (1,368,340.36)1' (205,907.35) 45,80187 ' _ 1, 105,05I'c6~ $93,510,595.60 - . 1 I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED OCTOBER 31,2002. THAT SAID FOREGOING: CASH: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL HIGH PERFORMANCE MONEY MARKET LOCAL GOVERNMENT INVESTMENT POOL MONEY MANAGEMENT ACCOUNT REPURCHASE AGREEMENTS U. S. AGENCIES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL DATE: NOVEMBER 11, 2002 13 $5,533.49 2,777,053.80 8,963,381.50 27,104,084.48 10,279,219.99 15,000,000.00 10,904,125.00 53,883,560.41 ":11.28-':9~~t ~/C" 4-..68-...... "'~ DAVID C. ANDERSON, TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF CHANGES IN PLAN NET ASSETS FOR THE FOUR MONTHS ENDED OCTOBER 31, 2002 FY 2003 FY 2002 Additions: Employer Contributions $ 1,205,831 $ 1,244,973 Investment Income Net Appreciation (Depreciation) in Fair Value of Investments (18,919,513) (18,757,717) Interest and Dividend Income 477,232 876,902 Total Investment Income (Loss) (18,442,281 ) (17,880,815) Less Investment Expense (13,144) (1) (27,521) (1) Net Investment Income (Loss) (18,429,137) (17,853,294) Total Additions (Deductions) $ (17,223,306) $ (16,608,321) Deductions Benefits Paid to Participants Administrative Expenses Total Deductions $ 5,442,916 30,421 5,473,337 $ 4,852,837 16,223 4,869,060 Net Increase (Decrease) (22,696,643) (21,477,381) Net Assets Held in Trust for Pension Benefits: Fund Balance July 1 Fund Balance October 31 289,534,315 $266,837,672 326,337,980 $304,860,599 (1) Negative amounts reflect the reversal of accrual accounting entries made for fiscal year-end financial reporting purposes. 14 CITY OF ROANOKE PENSION PLAN BALANCE SHEET OCTOBER 31, 2002 FY 2003 FY 2002 Assets Cash $ 885,671 $ 678,132 Investments, at Fair Value 267,384,395 305,401,496 Due from Other Funds 1,590 2,070 Other Assets 5,785 5,434 Total Assets $ 268,277,441 $ 306,087,132 Liabilities and Fund Balance Liabilities: Due to Other Funds $ 1,373,741 $ 1,224,792 Accounts Payable 66,028 1,741 Total Liabilities 1,439,769 1,226,533 Fund Balance: Fund Balance, ,July 1 289,534,315 326,337,980 Net Gain (Loss) - Year to Date (22,696,643) (21,477,381) Total Fund Balance 266,837,672 304,860,599 Total Liabilities and Fund Balance $ 268,277,441 $ 306,087,132 15 REVISED CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@cLroanokc.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk: December 10, 2002 File #51 Roy V. Creasy, Attorney 213 South Jefferson Street, Suite 915 Roanoke, Virginia 24011 Dear Mr. Creasy: I am enclosing copy of Ordinance No. 36141-120202 rezoning the rear 25 feet X 50 feet portion of Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and that the conditions set forth in Ordinance No. 32294-121994 for property located at the corner of Virginia Avenue and Westside Boulevard, N. W., designated as Official Tax No. 2761409, be repealed and replaced with new conditions. The abovereferenced measure was adopted on its first reading by the Council of the City of Roanoke at a regular meeting which was held on Monday, November 18, 2002, adopted on its second reading on Monday, December 2, 2002, and is in full force and effect. Sincerely, /J A..M; I.r~. Mary F. Parker, CMC City Clerk MFP:mh Enclosure pc: Mr. and Mrs. David Mitchell, 3910 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Tim Ramsuer, 3909 Virginia Avenue, N. W., Roanoke, Virginia 24017 Ms. Elizabeth A. Thompson, 3905 Virginia Avenue, N. W., Roanoke, Virginia 24017 Ms. -!..oldii:9 P. and Ms. Ruth L. Pryor, 3901 Virginia Avenue, N. W., Roanoke, /,{ Virginia 24017 A"....... ~~ White Oil Co., 3911 Melrose Avenue, N. W., Roanoke, Virginia 24017 Roy V. Creasy December 10, 2002 Page 2 pc: Ms. Betty McCormick, 3826 Virginia Avenue, N. W., Roanoke, Virginia 24017 Ms. Evelyn D. Bethel, 35 Patton Avenue, N. E., Roanoke, Virginia 24016 Mr. Fred Galloway, 3402 Kershaw Road, N. W., Roanoke, Virginia 24017 Mr. Michael A. Wells, 3904 Virginia Avenue, N. W., Roanoke, Virginia 24017 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney ~~o~ \,0.\ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36141-120202. AN ORDINANCE to amend S36.1-3, Code ofthe City of Roanoke (1979), as amended, and Sheet No.276, Sectional1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property bearing Official Tax No. 2761409, previously conditionally rezoned C-2, General Commercial District, by 1he adoption of Ordinance No. 32294-121994, and to rezone a portion of property bearing Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions. WHEREAS, Michael A. Wells filed an application to the Council ofthe City of Roanoke to amend certain conditions presently binding upon a tract of land identified as Official Tax No. 2761409, which property was previously conditionally rezoned by 1he adoption of Ordinance No. 32294-121994, on December 19, 1994, and to rezone a portion of property bearing Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by SS36.1-693 and 36.1-698, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation 10 Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 18, 2002, after due and timely notice thereof as required by SS36.1-693 and 36.1-698, Code ofthe City of Roanoke (1979), as amended, at which hearing all parties in in1erest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above- described property should be amended, and the adjacent property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by 1he Council of the City of Roanoke that Sheet No. 276 of the Sectional 1976 Zone Map, City of Roanoke, be amended, in order to amend certain conditions presently binding upon certain property bearing Official Tax No. 2761409, previously conditionally rezoned C-2, General Commercial District, by the adoption of Ordinance No. 32294- 121994, and to rezone a portion of property bearing Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to the proffered conditions contained in said Second Amended Petition filed in the Office of the City Clerk on September 5, 2002. ATTEST: City Clerk. H:\ORDINANCESIO-CHANGEPROFFEREDCOND1TIONS(MICHAELWELLS) I J 1902.DQC Architectural Review Board Board of Zonin~ Appeals Plannin~ Commission CITY OF ROANOKE PLANNING BUILDING AND DEVELOPMENT 215 Church Avenue, S.W., Room 166 Roanoke, Virginia 2401 I Telephone: (540) 853-1730 Fax: (540) 853-1230 E-mail: planning@ci.roanoke.va.us November 18, 2002 Honorable Ralph K. Smith, Mayor Honorable C. Nelson Harris, Vice Mayor Honorable William H. Carder, Council Member Honorable M. Rupert Cutler, Council Member Honorable Alfred T. Dowe, Jr., Council Member Honorable William D. Bestpitch, Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Mike Wells to rezone the rear 25 feet X 50 feet portion ofTax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and that the conditions setforth in Ordinance No. 32294-121994 for the property located at the corner of Virginia Avenue, N. W. and Westside Boulevard, designated as Official Tax No. 2761409, be repealed and replaced with new conditions. Planning Commission Action: Public hearing was held on Thursday, October 17, 2002, and by a vote of 3-4 (Messrs. Chrisman, Hill and Williams voting for the petition and Messrs. Butler, Campbell, Rife and Manetta voting against the petition), the Commission recommended denial of the request Background: The original rezoning petition was submitted on February 7,2002. The petition was considered by the Planning Commission on March 21. 2002. and the Planning Commission recommended denial of the petition by a 1-5 vote. Several residents appeared in opposition to the rezoning. An amended petition was submitted on April 8, 2002. City Council held a public hearing on the rezoning on April 15, 2002, and voted to approve the request. However, the matter was tabled at its second hearing on May 6. 2002. When the issue was reconsidered at the May 20, 2002, meeting, City Council voted to refer the matter back to the Planning Commission due to errors in the petition relating to the property description. 1 A second amended petition was filed on September 5, 2002, to correct the property description. The petitioner requests that the rear portion of property located on Virginia Avenue, designated as Official Tax Number 2761421, be rezoned from RS-3 to C-2, subject to certain conditions. Petitioner also is requesting that the proffered conditions on the rear portion of Official Tax Number 2761409, located on an adjacent property, be repealed and replaced with new conditions. The second amended petition specifies that the following proffered conditions will apply to both properties: 1. The sole use of the subject property to be rezoned shall be as an automobile cleaning facility. 2. The hours of operation shall be limited as follows: Monday through Friday 9:00 a.m. to 7:30 p.m., Saturdays 8:30 a.m. to 6:00 p.m., and Sundays 1 :00 p.m. to 6:00 p.m. 3. That petitioner shall construct a 6 to 8 foot tall wooden fence as shown in Exhibit 1. Mr. Wells owns two adjacent properties at the intersection of Virginia Avenue and Westside Boulevard. City Council approved a rezoning of the rear of Tax Number 2761409 in 1994 from RS-3 to C-2, subject to certain proffered conditions. Proffered conditions for the rezoning were: (1) The use of the subject property to be rezoned shall be an automobile cleaning facility in the existing garage; and (2) signage will be restricted to a single wall sign, not to exceed 20 square feet, to be located on the front of the existing garage facing Wests ide Boulevard. City Council denied a request to expand the business to Official Tax No. 2761421 in 1996. The neighborhood is not officially organized. Staff received a phone call in opposition and three letters of opposition received from Fairview United Methodist Church (1310 Van Buren Street, NW.), Michael V. Shepherd (3829 Virginia Avenue), and Nyoka Porterfield (3829 Virginia Avenue). On October 17, 2002, the Planning Commission held a public hearing on the matter. Mrs. Betty McCormick (3826 Virginia Avenue, N.W.) spoke in opposition to the request. Mrs. Evelyn D. Bethel (35 Patton Avenue, N.E.) and Mr. Fred Galloway (3402 Kershaw Road, N.W.) spoke in favor of the request. Considerations: Zoning of most of Virginia Avenue is RS-3, Residential Single Family District, The southeastern corner of Virginia Avenue and Westside Boulevard is zoned C-1, Office District, with conditions (rezoned in 1989). Properties on Melrose Avenue are zoned C- 2, General Commercial District. Land uses reflect the zoning pattern. The land use along Virginia Avenue is primarily residential. Land use of properties facing Melrose Avenue is commercial. 2 Vision 2001-2020 Comprehensive Plan recommends the following land use and development policies: · ED P6. Commercial Development: Roanoke will encourage commercial development in appropriate areas (Le. key intersections and centers) to serve the needs of citizens and visitors. · NH P2. Housinq and Neiqhborhoods: Neighborhoods will function as villages, offering opportunities to live, work shop, play and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. The property is not an appropriate area for commercial expansion because of its residential nature. The property is not located in an identifiable commercial center. Though it is adjacent to strip commercial development, the property demarcates the change between residential and commercial uses. The Melrose Avenue corridor has an abundance of commercially-zoned property that is currently vacant. According to real estate records, there are 34 properties that are both vacant/underutilized and zoned C-2 within Y, mile of the property. Eighty such properties are located within one mile of the site. Rather than encourage encroachment into an established residential area, a majority of the Commission believes that existing commercially-zoned property is available and should be occupied before expansion of the commercial district is considered. Recommendation: Planning Commission recommends that City Council deny the request. The proposed rezoning is not in accordance with Vision 2001-2020. In addition, there are numerous other vacant/underutilized properties in the immediate area that are already zoned C-2. Respectfully submitted, i(~ Ii ~ Robert B. Manetta, Chairman City of Roanoke Planning Commission attachments C: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Roy V. Creasy, Counsel for Petitioner 3 ,<f SECOND AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: Request to amend conditions proffered and approved under Ordinance No. 32294- 121994, for property identified as Official Tax No. 2761409, located at the comer of Virginia Avenue, N.W. and Westside Boulevard, N.W., and to rezone 0.03 acres ofland, located at the rear of the lot identified as Official Tax No. 2761421, such lot fronting on Virginia Avenue, N.W., subject to certain conditions proffered by the Petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE The Petitioner, Michael A. WeHs, owns land in the City of Roanoke as identified as Official Tax Number 2761421 currently zoned RS-3, Residential Single Family District and Official Tax No. 2761409 (3904 Virginia Avenue, N.W.) currently zoned in part RS-3 Residential Single Family District, and in part C-2, General Commercial District, with conditions. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the rear 25 feet x 50 feet portion of property identified as Official Tax Number 2761421 be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of expanding an existing automobile cleaning facility; said portion to be defined as foHows: Beginning at a point on the northerly side of a 10' aHey intersecting the westerly side of Wests ide Boulevard N.W.; said point being at the southwest comer of Lot 10, Block 22, " Map of Washington Heights, thence N. 66030'W. 50 feet; thence N. 23030'E. 25 feet; thence S.66030'E.50 feet 10 a point on 1he easterly boundary line of said Lot 10, 1hence with the said boundary line S.23030'W.25 feet to the point and place of beginning. 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 provide a needed commercial service. The Petitioner requests to construct a 25'x30'x 1 0' post frame building located on said property to be rezoned. See Exhibit "2". The Petitioner requests that the existing proffers contained in Ordinance No. 32294- 121994 for property identified as Official Tax Number 2761409 be repealed and replaced, and hereby offers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner shall abide by, the following conditions on both parcels, identified by Official Tax Nos. 2761409 and 2761421. 1. The sole use of the subject property to be rezoned shall be as an automobile cleaning facility. 2. The hours of operation shall be limited as follows: Monday through Friday 9:00 a.m. to 7:30 p.m. Saturdays from 8:30 a.m. to 6:00 p.m. Sundays from 1:00 p.m. to 6:00 p.m. 3. That Petitioner shall construct a 6 to 8 foot tall wooden fence as shown on Exhibit 1. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street/road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned in of accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, ?It;4rf,J/A4L Michael A. Roy V. Creasy, Esq. 213 S. Jefferson Street Suite 915 Roanoke, VA 24017 (540) 342-0729 Attorney for Owner 6"-'h;\';+ I t 0.Ru/N'/A At/cAlVE,;..j W <PO' "'Iw L.,6AL RSFEI2.., AI"", , j'!/B. /, P6. 43 (RoA. Co.) N"TE.: TN~ SUaJecT ,PRofl'~/il..7y Is NeT LDCAT4D /1<1 5,P~~/AL 'pLeOD #AZAI2.0 ZlW",5 ;;4' aE ':5",4$ f)E!>/6/o/ATeo,sy lite SecRETA"'f W ,<(0//51"6 ANO t/l2.iM/o/ D.eVELO/'M"'"'7 SITE PLAN rOR. A. WeLLS BLOCK 22, MAP 01" WASHl1o/6TaV h'EI6HT5 V'lRGJNJA SEPT 24-. /990 D -9o/Z54 .v.6 J.:2 .; EXHIBIT 2 <]':~'~ 0':"" ~ .' - . .r:.. .,.-. '. ". ." ......- .w., . 0_ ..l~ ;).5'{ "30 PRICE BUILDINGS, lL~C. A 1111 Callaway Road Rocky Mount. VA 24151 (!i>40) ~3.7:l~e v CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240\\.\536 Telephone, (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cLroanoke.vaus MARY F. PARKER, CMC City Clerk October 30, 2002 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Roy V. Creasy, Attorney 213 South Jefferson Street, Suite 915 Roanoke, Virginia 24017 Dear Mr. Creasy: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Michael A. Wells, Petitioner, to rezone the rear 25 feet X 50 feet portion of Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and that the conditions set forth in Ordinance No. 32294-121994 for property located at the corner of Virginia Avenue and Westside Boulevard, N. W., designated as Official Tax No. 2761409, be repealed and replaced with new conditions. For your information, I am enclosing copy of a report of the City Planning Commission, a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the November 18 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:mh ~'~1.fJ~ Mary F. Parker, CMC City Clerk Enclosure H:\Public Hearings.02\November 18.att-po.lttrs.wpd dJ~\: lW8?> ,~t) ~G~ ~,. ',- :.,.~ , 00. ..,- o. ',~" 00" ~ CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Teiephone: (540) 853-2541 Fax: (540) 853-1145 E.mail: c1erk@ci.roanoke.va.us MARY F. PARKER, CMC City Clerk October 30, 2002 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk File #51 Mr. and Mrs. David Mitchell 3910 Virginia Avenue, N. W. Roanoke, Virginia 24017 White Oil Co. 3911 Melrose Avenue, N. W. Roanoke, Virginia 24017 Mr. and Mrs. Tim Ramsuer 3909 Virginia Avenue, N. W. Roanoke, Virginia 24017 Ms. Betty McCormick 3826 Virginia Avenue, N. W. Roanoke. Virginia ~4017 I Ms. Elizabeth A. Thompson 3905 Virginia Avenue, N. W. Roanoke, Virginia 24017 Ms. Eveiyn D. Bethel 35 Patton Avenue. N. E. Roanoke, Virginia 24016 Ms. Louise P. and Ms. Ruth L. Pryor 3901 Virginia Avenue, N. W. Roanoke, Virginia 24017 Mr. Fred Galloway 3402 Kershaw Road, N. W. Roanoke, Virginia 24017 Mr. Daniel M. Hale, Jr. 4425 Aleva Street. N. W. Roanoke, Virginia Mr. Jeff Murphy 538 Stonybrook Road Wertz, Virginia 24184 Mr. Larry Hubbard 3905 Virginia Avenue. N. W. Roanoke, Virginia 24017 Mr. Jomoso Worrell 3818 Virginia Avenue, N. W. Roanoke., Virgirlia 24017 Mr. Mike Shepherd 829 Virginia Avenue, NW. Roanoke, Virginia 24017 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the: Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 18, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the request of Michael A. Wells, Petitioner, to rezone the rear 25 feet X 50 feet portion of Official Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and that the conditions set forth in N:\CKMH1\Public Hearings.02\November 18.att-po.tttrs.wpd ~""""-"'-""""-'--'."- '" -'. ,-- -,-. ,- "'----~'-'~ Interested Property Owner and/or Adjoining Property Owner October 30, 2002 Page 2 Ordinance No. 32294-121994 for property located at the corner of Virginia Avenue and Wests ide Boulevard, N. W., designated as Official Tax No. 2761409, be repealed and replaced with new conditions. The City Planning Commission is recommending that Council deny the request. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the malter, please call the Department of Planning, Building and Development at 540-853-1730. Sincerely, f) Ih ~ .;. r wJ.t Mary F. Parker, CMC City Clerk MFP:mh N:\CKMH1\Public Hearings.02\November 18.att-po.lttrs.wpd NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING RECEIVED L'ITY CLERKS OFF COMMISSION TO WHOM IT MAY CONCERN: '02 OCT -4 A9:1O The City of Roanoke Planning Commission will hold a public hearing on Thursday, October 17, 2002, at 1 :30 p.m., or as soon as 1he matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Michael A. Wells, represented by Roy V. Creasy, Attorney, to amend conditions proffered and approved under Ordinance No. 32294-121994, for property located at 3904 Virginia Avenue, N.W., identified as Official Tax No. 2761409; and to rezone 0.03 acres ofland, located at the rear ofthe lot identified as Official Tax No. 2761421, such lot fron1ing on Virginia Avenue, N.W., from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the ma1ter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Developmen1 at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on October 1 and 8, 2002 Please bill: RoyV. Creasy, Esquire 213 S. Jefferson Street Suite 915 Roanoke, VA 24011 (540) 342-0729 Please send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1730 ,. TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Mike Wells at 3904 Virginia Avenue and lot adjacent) Tax Nos. 2760409 and 2761421 from RS-3 to C-2 ) AFFIDAVIT conditional COMMONWEALTH OF VIRGINIA ) ) TO-WIT: ) CITY OF ROANOKE The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 17th day of September, 2002, notices of a public hearing to be held on the 17th day of October, 2002,on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailina Address 2761408 David and Brenda Mitchell 3910 Virginia Avenue Roanoke, VA 24017 2760718 Tim and Teri Ramsuer 3909 Virginia Avenue Roanoke, VA 24017 2760719 Elizabeth Ann Thompson 3905 Virginia Avenue Roanoke, VA 24017 2760720 Anna Louise Pryor Ruth Lucille Pryor 3901 Virginia Avenue Roanoke, VA 24017 2761417 Whiting Oil Company POBox 13026 Roanoke, VA 24030 2760809 Marvin L. Hickson 1610 Starview Drive Salem, VA 24153 2760501 Sandra J. Aldridge 3834 Maine Avenue Roanoke, VA 24017 2761510 Ralph L. Austin 3723 Greenland Avenue Roanoke, VA 24012 Also sent to: Betty and Julie McCormick, 3826 Virginia Avenue, NW Charles W. Pound, Fairview United Methodist Church, 1310 Van Buren Street, NW Michael Sheperd and Nyoka Porterfield, 3829 Virginia Avenue, NW P'hLJJaJ1~~ ~~ Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 17th day of September, 2002. I. d~~Q~ Notary Public My Commission Expires: ~.~ QOO~ CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER, CMC City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E.mai1: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant City Clerk September 10, 2002 File #51 Robert B. Manetta, Chair City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition received in the City Clerk's Office on September 5, 2002, from Michael A. Wells, in connection with conditions proffered and approved pursuant to Ordinance No. 32294-121994, with regard to property described as Official Tax No. 2761409, located at the corner of Virginia Avenue and Westside Boulevard, N. W.; and to rezone a 0.03 acre tract of land, located at the rear of a lot identified as Official Tax No. 2761421, and fronting on Virginia Avenue, N. W., from RS-3, Residential Single-family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, -Ii /'L 1 a."J...,... I rl~ 7. ~ Mary F. Parker, CMC City Clerk MFP:mh Enclosures N:\CKMH1\RezOningS' StreetAlley Closings.02IWelts.Rezoning.seCCnd amended.wpd Robert B. Manetta, Chair September 10, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Michael A. Wells, 3904 Virginia Avenue, N. W., Roanoke, Virginia 24017 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMH1\Re~oniog5. Streel.Alley Closiogs,02\Wells.Rezoning.second amended,wpd CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER. CMC City Clerk 215 Church Avenue. S. W., Room 456 Roanoke, Virginia 24011.1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us May 23, 2002 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk File #51 Mr. Michael A. Wells 3904 Virginia Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Wells: Your requestto amend, repeal or replace proffered conditions authorized by Ordinance No. 32294-121994 presently binding upon Official Tax No. 2761409, and rezoning Official Tax No. 2761409 from RS-3, Residential Single Family, Low Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and rezoning Official Tax No. 2761421 from RS-3, Residential Single-Family, Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 20, 2002. On motion, duly seconded and adopted, the matter was referred back to the City Planning Commission for further report and recommendation to Council. MFP:mh Sincerely, YIZ~if I20w Mary F. Parker, CMC City Clerk pc: Mr. David Mitchell, 3910 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Tim Ramsuer, 3909 Virginia Avenue, N. W., Roanoke, Virginia 24016 Ms. Elizabeth Thompson, 3905 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Roger Murphy, P. O. Box 5124, Fredericksburg, Virginia 22401 Mr. Ralph Austin, 3723 Greenland Avenue, N. W., Roanoke, Virginia 24012 Whiting Oil Co., P. O. Box 13026, Roanoke, Virginia 24030 Ms. Anna Pryor and Ms. Ruth Pryor, 3901 Virginia Avenue, N. W., Roanoke, Virginia 24017 Mr. Marvin Hickson, 110 Starview Drive, Salem, Virginia 24153 H:\Agenda.02\May 20, 2002 correspondence (part lI).wpd Mr. Michael A. Wells May 23, 2002 Page 2 pc: Robert B. Manetta, Chair, City Planning Commission, 2831 Stephenson Avenue, S. w., Roanoke, Virginia 24014 Darlene L. Burcham, City Manager Rolanda A. Johnson, Assistant City Manager for Community Development Willard N. Claytor, Director, Office of Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald l. Smith, Building Commissioner Philip C. Schirmer, City Engineer Steven J. Talevi, Assistant City Attorney H:\Agenda.02\May 20, 2002 correspondence (part 1I).wpd . Roanoke City Department of Planning Building and Development Room 166, Municipal Building 215 Church Avenue, S.W. Roonoke, Virginia 24011 (540) 853-1730 (Fox) 853-1230 Ernail: planning@cLroanoke.va.us April 15, 2002 Honorable Ralph K. Smith, Mayor Honorable William H. Carder, Vice Mayor Honorable William D. Bestpitch, Council Member Honorable C. Nelson Harris, Council Member Honorable W. Alvin Hudson, Council Member Honorable William White, Sr., Council Member Honorable Linda F. Wyatt, Council Member Dear Mayor Smith and Members of City Council: Subject: Request from Mike Wells to rezone the rear 0.5 acre portion of Tax No. 2761421 from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and that the conditions set forth in Ordinance No. 32294-121994 for the property located at the corner of Virginia Avenue, N. W. and Westside Boulevard, designated as Official Tax No. 2761409, be repealed and replaced with new conditions. Planning Commission Action: The Planning Commission public hearing was held on March 21,2002. By a vote of 1-5 (Mr. Hill voting for the petition, Messrs. Butler, Campbell, Chrisman, Rife and Manetta voting against the petition, and Mr. Dowe absent), the Commission recommended denial of the requested rezoning. Planning staff recommended denial of the request. Several residents appeared in opposition to the rezoning. Background: Petition to rezone was filed on February 7,2002. Petitioner is requesting that a rear portion of property located on Virginia Avenue, designated as Official Tax Number 2761421, be rezoned from RS-3 to C-2, subject to certain conditions. Petitioner also is requesting that the proffered conditions on a portion of Official Tax Number 2761409, located on an adjacent piece of property at the corner of Virginia Avenue and Westside Boulevard that was rezoned from RS-3 to C-2 in 1994 for the purposes of operating an automobile cleaning facility, be repealed and replaced with new conditions. Proffered conditions of the rezoning are: 1. The use of the subject property to be rezoned shall be an automobile cleaning facility. 1 2. The hours of operation shall be limited as follows: Monday through Friday 9:00 a.m. to 7:30 p.m., Saturdays 8:30 a.m. to 6:00 p.m., Sundays 1 :00 p.m. to 6:00 p.m. 3. A wooden stockade fence and appropriate landscaping to be approved by the Agent, shall be constructed and maintained along the top of the bank adjoining the adjacent residential property. See Exhibit 3. Please note that the third proffered condition is not enforceable. The fence and landscaping are not specific in size or location and an exhibit is referenced that is not clear. At the Planning Commission meeting, it was agreed that the third proffered condition would be removed and an amended petition filed prior to Council's hearing on the matter. The following information is provided as an explanation of the zoning history of the property known as 3904 Virginia Avenue, N. W.: · Rezoning was approved in 1994 for the rear of Tax Number 2761409. Business had been initially established without proper zoning in place. It was noted that that the proposed area for rezoning was located adjacent to commercial development on Melrose Avenue and lower in topography from the residential properties on Virginia Avenue, thereby reducing land use conflicts. Proffered conditions for the rezoning were: (1) The use of the subject property to be rezoned shall be an automobile cleaning facility in the existing garage; and (2) signage will be restricted to a single wall sign, not to exceed 20 square feet, to be located on the front of the existing garage facing Westside Boulevard. · An expansion of the facility was proposed in 1996 and a petition requested that the rear portion of Official Tax Number 2761421 be rezoned with proffered conditions for site development and use of the property. Residents of the neighborhood were opposed to the rezoning request, citing issues of noise, street parking and traffic congestion. Two Planning Commission and two City Council public hearings were held to discuss the request. Staff advised that the proposed rezoning was poor land use planning that could be detrimental to the residential neighborhood. It was recommended that the petitioner relocate his business to an area already zoned for commercial purposes. The rezoning request was denied by both the Planning Commission and City Council. Public hearing on the rezoning request was held on March 21, 2002. Mr. Roy Creasy, Attorney, presented the rezoning request on behalf of the petitioner. Ms. Julie McCormick, 3826 Virginia Avenue, appeared before the Commission in opposition to the request. She cited concerns with trash, the number and offensive behaviors of employees, water discharges to the storm drain, and traffic management. Ms. Anna Pryor, resident across the street, also appeared in opposition to the rezoning advising that the business interfered with both vehicular and pedestrian traffic on Westside because of parked cars and traffic going in and out of the property. Written letters in opposition to the request (attached) were received from Betty McCormick, 3826 Virginia 2 Avenue, Julie McCormick, 3826 Virginia Avenue; Nyoka Porterfield, 3829 Virginia Avenue; Michael Shepherd, 3829 Virginia Avenue; and Fairview United Methodist Church, 1310 Van Buren Street. Considerations: Zoning of the most of Virginia Avenue is RS-3, Single Family Residential. The eastern corner of Virginia Avenue and Westside Boulevard is zoned C-1, Office District, with conditions (rezoned in 1989). Properties on Melrose Avenue, which parallels Virginia Avenue is zoned C-2, General Commercial District. Land use of properties on Virginia Avenue is primarily residential. The corners of Virginia Avenue and Westside Boulevard have been rezoned to allow limited commercial development. General commercial land uses are located on Melrose Avenue, south of the subject properties. Traffic volumes for the proposed business expansion would not significantly affect the traffic capacity of Westside Boulevard. However, any business use of the street for customer parking would affect traffic management. Neighborhood is not officially organized. The petitioner advises that he has some support from adjoining property owners. Staff also has received one phone call and several letters in opposition to the proposed rezoning. Vision 2001-2020 Comprehensive Plan recommends the following land use and development policies: · Commercial Development: Roanoke will encourage commercial development in appropriate areas (Le. key intersections and centers) to serve the needs of citizens and visitors. · Housinq and Neiqhborhoods: Neighborhoods will function as villages, offering opportunities to live, work shop, play and interact in a neighborhood setting. Neighborhood-oriented commercial activity will be encouraged in well-defined village centers. · Citv Desiqn: Roanoke should have well-defined edges to support an understanding of the City's image and create a clear sense of place. New development should promote a positive image by respecting natural features, emphasizing high quality building design and incorporating appropriate landscaping. The proposed rezoning request is not in accordance with these adopted policies of the Comprehensive Plan. The proposed development would encourage piece-meal commercial development in the rear of residential properties that would negatively affect their residential quality. The proposed development would not encourage quality design in new development and would extend commercial development beyond the established general commercial corridor. Other commercially zoned land is available on Melrose Avenue and should be considered for expansion of the business. 3 Recommendation: By a vote of 1-5, the Commission recommended denial of the rezoning request to expand the existing commercial business. Respectfully submitted, ~d~ Robert B. Manetta, Chairman City of Roanoke Planning Commission attachments C: Darlene L. Burcham, City Manager Rolanda Johnson, Assistant City Manager for Community Development William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney Mike Wells, Petitioner 4 A.3. R. L. Murphy, Inc. T/A PREFERRED MAINTENANCE P.O. Box 6124 Fredericksburg. VA 22403 (540) 752-4502 (540) 871-8094 (540) 286-0438 fax A dean business j!J a nice reflection of you Janitorial Contractor Free Estimates Job or Contract April 15. 2002 To Mayor Smith and Members of Council, City of Roanoke, \ would like to lend my support to Mike Wells, in his efforta to rezone his property at 3904 Virginia Avenue. I have been an aquaintenance of Mr. Wells for a number of years and own the property across the meet. Mr. Wells has always conducted his buainess in a very profeasional manner, providing service to his customers. I feel Mr. Wells 1S not asking anything from the City of Roanoke, other than to allow him to earn a living and provide for his family. I hope that you give his request consideration that it deserves and affirmative vote on his request. Sincerely, 1 I:~~ \~'<l\.eA -- - ..... Z'd ~O.:Ol ZO 51 ~d~ IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE Request to amend conditions proffered and approved under Ordinance No. 32294- 121994, for property identified as Official Tax No. 2761409, located at the comer of Virginia Avenue, NW and Westside Boulevard, NW; and to rezone 0.5 acre ofland, located at the rear of the lot identified as Official Tax No. 2761421 and fronting on Virginia Avenue, NW; subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Michael A. Wells, owns land in the City of Roanoke containing 0.5 acre, more or less, located at 3904 Virginia Avenue, N.W., identified as a portion of Official Tax Number 2761421 currently zoned RS-3, Residential Single Family Residential District and Official Tax No. 2761409 currently zoned RS-3, Single Family Residential District and C-2 General Commercial with conditions. A map of the property to be rezoned is attached as Exhibit "I" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the rear portion of property identified as official tax number 276 1421 be rezoned from RS-3 Residential to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of expanding an existing automobile cleaning facility; said portion to be defined as follows: Beginning at a point on the northerly side of a 10' alley on the westerly side of Westside Boulevard northeast; said point being at the southwest corner of Lot 10, Block 22, Map of Washing10n Heights, thence N. 66030' W. 100 feet; thence N. 23030' E. 50 feet; thence S. 66030' E. 100 feet to a point on the west side of Wests ide Boulevard. Thence with the same S. 23030' E. 50 feet to the point and place of beginning. The Petitioner belit.cs the rezoning of the said tract ofland \\1111 further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide a needed commercial service. Therefore, the Petitioner requests to construct a 25' x 30' x 10' post frame building. See Exhibit 2. The Petitioner requests that the existing proffers contained in Ordinance No 32294- 121994 for property identified as Official Tax Number 2761409 be repealed and replaced, and 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 on both parcels, identified by Official Tax Nos. 2761409 and 2761421. I. The use of the subject property to be rezoned shall be an automobile cleaning facility. 2. The hours of operation shall be limited as follows: Monday through Friday 9:00 a.m. to 7:30 p.m. Saturdays - 8:30 a,m. to 6:00 p.m. Sundays - 1:00 p.m. to 6:00 p.m. 3. A wooden stockade fence and appropriate landscaping to be approved by the Agent, shall be constructed and maintained along the top of the bank adjoining the adjacent residential property. See Exhibit 3. Attached as Exhibit 4 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. Attached as Exhibit 5 are signatures of neighbors who agree with rezoning. WHEREFORE, The Petitioner requests that the above described tract be rezoned in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 7th day of February, 2002. RESPECTFULLY SUBMITTED, t;;$;4~ffr~ Michael A. We s, Owner 3904 Virginia Avenue, NW Roanoke, VA 24017 (540) 366-0123 I I ~ I , , -'- ... - I / / / w / / , , , "7 '. , -~ ~ -., ;::: ~ I "';~I "':-- ,;:;"J, .r~ ..._,. '" ,1 , " , <" , .r~ .... ,.. " ~ ~ '~ 1::- .... ~, Il.... (~ (.. .... ..... ~ - ' ".... -~ " ....- . .J;' .' > ". '''-I ....../ ; @) - '. '".. ... EXHIBIT 2 ),.5'{ 30 PRICE BtJ1LiHNGS, INC.A 1111 Callaway Road Recky Mount, VA 24151 (540) 46~.n26 EXHIBIT 3 (/Ji.:J(.-iir' ,-'-(".<=,v:./':::, ,'" -. :.......; -" ,::..,~' 3:: .::: - /..::0 C 7~.~..J:" l -=y 5:J ".~-'I -'- '~.../ I r i 1 I I '> ;\It 1: ~ "> ~ r ~ '~;:, '" ,. -,,~.... _.....A.. :: .,..~'- "- , I/~' I IX ' ,,,-,,, 2J; ~ .- , ,~ >. , S7~J' .Q..<l.r.c~ :;J....~.._,,.,,/c. ,v" $904 ~ ;:,. ~ :_co ".i -,,- t.:'~=!'j ~I ,'"'> : -~ , :, , '==i 0=; I!I:II(.I j;- I I' I :-~ , , ~""r,'" i...c;" a , :~ \) ~ ~ S; :'\"'-, <: " "< ~::"-/ ~IO:::" = 1= : 1.:.1 '- _..~...- , ,- , ,- -.~ i~ r?Q(.E ~~1 10 I~" H;,. ZJ~/./.V9 ---! ~ 0. L'T '7 ;.At. N'... ?7~"+Z/ o. " . " "" ". NE-w' J Ar '-.if "- q ,"",. ~'1. (,eo ~ r cL....s\ ~ 8':'0<:.-"<. zz - 4, ,-:,.1;- I ;;:~.. I u......-...l1 I; .~.'- .- - ~...: QL ~ L-;_ t ~h Od.r...l..IlglA.re:a . -t I ,...~n"' ! d :J- ,.;,.... ,t:...;. I so' M~..../ p,~ ~~r -)./c,c,' ';0' W, , IZX 2.6 100. I o C~1-ft?~~ T"r....i- /OA/..4-=,'" L.e.C,AI.. ;<4J='::Jl.~AI~c.' 8. /, Po:), 43(RoA. c..) .':~ -, " .... :;.i ~ , - ~ - ':( - \.i, ~ '~ ~ " C; , ~~ - ' 1J.l1(, " " , " ~'"l '. ~ ., :J" 0, ~l .:: N~i6: T,I(~ SiJ6.).e~i ,PJ?~,P~Jlit.i,.IS ~," ~Q~,A,"'.4~ ..... Sh,...... ,'='--=':. ~./A:ARO ,w4S ;.t. cW ~5';4s ~=';/.j...A,".E-v c'"' .."",,;: S6.C..t.ET,;U1.( c;.r !lOLlS/NC, AtVO ~~M,../ =6."~.:.~~"",'.!"'-;- SITE PLAN /),f/CH,4EL A WeLL:' ':"075 9 ~ 10, L:t:.~-:"" :?Z, ,vf..J~ Or ;..!ASH''''/6l'>--' --~,..:.....'--:; l.,-j",c;/)./IA ECALt.:: I".;:: 2,-')' S.=,,:JT Zc I~ & _~<:< 6- {Jess C':~/""'rlJi:O t..4""'~ SI./",'\d!.,JIcA.. I .- I 'v':: .oJ . .. .QC'::~ EXHIBIT 4 ,~ , ADJOINING PROPERTY OWNERS Tax No. Street Address Prooertv Owner 1. 2761408 David Mitchell 3910 Virginia Avenue Roanoke, VA 24017 2. 2760718 Tim Ramsuer 3909 Virginia Avenue, NW Roanoke, VA 24017 3. 2760719 Larry Hubbbard 3905 Virginia Avenue, NW Roanoke, VA 24017 4. 2761501 JetfMurphy 1117 Westside Blvd., NW Preferred Maintenance Roanoke, VA 24017 5. 2761510 Joe Spangler 3831 Melrose Avenue, NW Sports Motors Roanoke, VA 24017 6. 2761417 Stop In Food Stores #58 3911 Melrose Avenue, NW Roanoke, VA 24017 Mailimz Address. 3000 Odgen Road Roanoke, VA 24019 ) EXHIBIT 5 Petition for REZONING Mike Wells 3904 Virginia Avenue '- Roanoke, VA 24017 [ hereby notify all interested parties of plCll1 of action to expand Mike's Car Care garage at the above Residential address. I TELEPHONE (0 tional) I Jt;S-- Y? 17 i -- _<.<)-.~ ( . , .'.. . '/-7- ,.,'C /1 /-.::> -::>--':0.. <LI ' , ..~ ~ ~ ..... _ L.-- , I G~!v0. 5~> 3- :;.11, ~ I , -- ADDRESS 5. ,) ",l. JI 5(!) U >c;(6 (/0. 6. 7 - J<tu-V\ ,eI:" bL.,~...h ( ~ ~ C"Z./"'C..--1~ 1",/t!.' ~l'" ~ c: \( It-:. - ~- l.;' 0..> :,)..:...1 --.J l\.~"" "- ,~..VVl. --..... .:; 8. .), -'/ if .... J jlJ 1"- ....,. f.. f - to'i...: 9. J , , l./ i ) /)- v<- L v-l I -- S:I- / '7c/'3 ' ;; tl I i/ ;:;"I/'/-t /[/ c?t..-- ~ I ..{, 563-- S::l2 r-' (f ~c ~'-. [; - 70"- ? (. G - 70 l 2- I ~~ -0~5(,. '{ I f/ \L~]l. -14 02iTHUj 09:23 LORD Br--TOURT HIGH TEL:540 99)';81 FAI~VIEW UNITED METHODIST CHURCH 1310 VAN BUFEN STREET, NW I ROAl\lJKE. VIRGINIA 24017.2620 I TELEPHONE (5401368-4107 , I March 14, 200r Members ofth Roanoke City Zoning Board: It has becn bro+ght to our attention that Mike Wells of3904 Virginia Avenue. NW has applied for his froperty to re- zoned as commercial property in order to construct a two- story building. This area is currently zoned residcntial. The people ofFairview 1..;nited Methodist Chu ch Oppose tillS change_ We want the area surrounding our church to remain residenllial. Thank you for lour attention to this matler. Sincerely, ~JcJ Charles W. Po Chairman of th Fairview Unite II , ~ i : ~~. tb._ d Trustees Methodist Church ~ P 002 MAR 1 8 2802 --4J~~~~- - _ ~IMni~g .. . 9~ atJa.0J.:iiu~Ji-~~- 1nk~~~~' (j)-..;h (!.i... -1!::tk--~~~ .am~.~~.k~~..,_ 01L; . " ',~*-~&vuJ~'.__'___~~~~___~_~___ .:.,..-.....,'.'.,.._..,::,::.-(:J,,)-~f~~~~kL--, . .' '+n-M~dj~hu~Laud-;tofad1~-- '. bL-~&nJ.,~_----- --0)_!Jt/UJo:t-.~./h;ifF-~ /Jlb? ,~f; - ;.j4~' __(jJ) . ~~+~---iotzL~. '~()/n~~~kJ-~(1~~ ..~2k4*~~::k~~~._" ---- . . -l5J__J)~~..-~~~~L_.. . ..~~ .J.k4oui~~~'_- ~._._____.__u, _.(6), ~~ ~tv~.~~.k~_.;___ *~J(;h~IJ~-_u-.- - -..-- - _.._______u__~__ __ ..~~ _ .'_ tV~~~:ti4.L IUfwd: - - - 1~1~/~~~,~--~vt.1 '. . , - -.'----- .-- P,ECEIVED i J ~ 1 ~~ i II : ! lt~ ~ it I J~' I I: I . . ! i i I e ~ 1) . -, . ~ = ~~-,_d ~~ l : &. . ~ ~ j ~ ~ ~ 'It '_.' "... ~~ U"~~~ . i ~i] :J 1. i ~~f:i ~~,~ i~fit --". .' "J . ~ ~ ~ i'J ~ ~ J t ~ '.~ ~~+;, ~i1~~{n) ri~ - - .~ "'1 t! !'1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r~ ~ ~ i ~ ~,~ ,~,~ ~ "'~ ~~ ~ '. ~~ " t ~ ~ ~ 1 ~ ~ ~ " ~ .~ 'i ' ~ i ~~~~~J t~d ,. {'~ ij ,~'lt ~ R~ ~ t 1 i J ~ }~ ~ J ~ ~ J ~ j f ~~ ; J, ,. '. .. ,. i' I I' ; i , . , . i I I I I I i I , ! , , , . , ,'-" . 70- l' . '1; ,-" -; J' , ..JI' / I" I -.1"/;">- :z.ot/itl'J q- f!q'r'/f'j:~Jd ;1/tot Jktt ,4;r--jtrt?c.Jd -'rJ)'~ U' , I i) .:;, 0 00( ~! i 1""') I (.I \ c,_ n r/e' . RJq(:/rJ)':'~ \J 1);1 dtj()JI) RECEIVED hoy,,; - MAR 1 8 2002 #(,(1 FlaJUling .- - _.' f O,yY\ CI.""o,/()s! -I/,e rt'f!{)N:'''~'j oF YlJdAJc,')A-- b o"h u~ I,i So -fh<l f (f)/ Kc.. /Pt 7h C t?;: (rJ 14 r( ~ h " S Uw iJ,) H. A . WtslSt'd e A~!i etV~J'-'..&~\ frt{'+Fi,r;.. ,II/ow .__ j qS i-(- I'S. Ih(.. c..#'r~ uw"sAs..f~f,5 -It"~tJ:i'~. i wr,erVt:lJ-( f~, ih~1 W QN! 7'6. _,J'v'uW, _m... i TArte 1's .:yo flHU..h /()t.(~'NO Ilse,,_.rt~t~ u (Nr/< i C((('$. ..wA (J(t!_~/-f'('J..-ih''Jdl.!L~~..ya, !____ I. Tll ej_cJC)__f\J~ .r<:'5fe(fi tAcu4lt!./!A~bT1r:?_J . I -70 Ji ~ ve_C( -'). D'O lu'flle.lS horll 9\>dl.-lhf'.'3 ]"'~'J':l_ I -t1J rt'!.ff.,C-/ -:5fher-.. NV~~ hGrll~_d~L_______ I r , , , I , ; , i I I i I 1 I '-1Z~tL .P~.~. R,'8,iI'(PTT'ii ;rr.:-:;:~ . . ~...:--~ V ~~.LJI MAR 1 8 2002 Piannt'":g a.;;d Code ErtiOi'c.:::ment ) J/I~/~l.- --ro- " Z o-vJ I ~-, J; )!/J/j ;)1 h 1 RPA~<rr~"YnD' /-1/cf/AeL- v: S /le;Jl/eKD .,,-:,-/\.v_:c_,.~ -/ i(',',;~ i '3 J" ).., '; v<~j'~ I A AVE )It t.V, . MAR 1 8 2002 KCJ/)' I~ f.c'( ,/ tt.9 .:< -f-O I 7 PIQ"....,',-.~. -d _. ..:~. .~~ ;,~!, Cds Ci1j'c;'GC~;ent {.J()(,( Lc.l L.'Ke /0 E;t4/leU . ;Vi i 611Q~ c'11'IT,"-,,- I /15) ,He ~f!Z.Cr~l 01 i . c.f- 7rre. fltt I f.IL]7 ~w.-\ eJ. 6'1 If~, - IV; " ie. _ lJ e U oS J IAj H 1.:'-''4 ~ /)-(,./1 47'(..s. /1) . CA fl- - WA J 1-) , Kr.o V-J r) hJ /1/~J_ fAd.. ; - ().)~S-"rln ~l..ltrl1-J/,;J AcI~.-N'cJ, .... .~-~ l--~-:)~~ ----)'~.s~4---4.. "u-1f7' &l/~/'Ti:r~uh2~ =~=ts=:-:-.:iT-=-ji-_~~_~- iz~jj_~ -;;~-_~ 4-~.d I ~---~:/l= ----+-------~~7:H6o~a.II~d d 7~1Z.~--.t.7"lt:/#lt---'-~--.r"':.e- --m-r----t-'tIIIk----o.../----tvu T-"u_~f(-A ___ -____...J:b___714K.~ .-.---- -n1-.---______~______~._.._~__ ._~_, ____ " __'. _.__.__ _.____._.__________._.__. ...____. _n_ __ __ ___. ____ _. ___ -u--u@-___/...d__i.:Ld__A--I.-tJ 3~ eL-u,(Anfl-t-'lre- tL J e/--.Bt- _ -- +---'tH-c----Ae~/Le-~ 7:--Tf/t!-----IAFL___t.-UJ.$#.__ n I --~_._. -+ ---- ..- _._-"--... ----- .u__...~. ~ _ _ _ __ ___. ..... _ _' u___ __.. u_" ___. ~ __ .. _ __ n___ _ _ .'@--..I.uAIl-I.. ~lC.e _ /"I.e,. tVell.t '_ d& E..l __ N"r- ~.--Il e.c 7t:.le . Tf(e.. W-9rc..l IYf!. u.ser,. 7C .1A.Jf9...lH vEfI/C.t~.! I A-nd W/TH, O",/l.. WA7(..tL SI./.$d_T.'4JC we.._ }../~e.eI All Tile. tt.!A ftA We.. (lA., fje.T / , $ .T+. 1f1L. !,iJt{{J r's Alf~(.J..'ei 7&l A~e..Je TI'I~'.J, f<e.s/lt.;r/~,- I..leI'11f~'IZ-H6~cf, 'fie n .z: c;..,(t'~,j r we AIle /1/1 r /;.-/ Need . ~f .~. Z~h(?I; ~ lil9lJJ?i'-nr {:Je.!7'. ~ ~ .. . . " ., .... ;"1, Fo /L 7Hese. "t;..s k:. If/A -r f? ~J l.A C!-l 7- Lr; ..'J , I i ! i I J I , 1 j J I I I I J 1 I j 1 I I i i j ?e~..l ,,'-'.../ ::r t.{)tc..lLd YO"f "77t/z',1 j)~I,.A)'1 7?V'e .HiC P.JtllS I - / --r"#..-"T, : 1<' y t <4 I --,... '. ' / //': . / rJ~~1 ';'_:/~'/ RECEIVED HAR182D02 _ ~Ianni~g CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER. CMC City Clerk 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk April 8, 2002 File #51 Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition received in the City Clerk's Office on April 8, 2002, from Michael A. Wells, in connection with conditions proffered and approved pursuant to Ordinance No. 32294-121994, with regard to property described as Official Tax No. 2761409, located atthe corner of Virginia Avenue and Westside Boulevard, N. W.; and to rezone a 0.5 acre tract of land, located at the rear of a lot identified as Official Tax No. 2761421, and fronting on Virginia Avenue, N. W., from RS-3, Residential Single-family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, f) A ~ J, r AA-1.1.- Mary F. Parker, CMC City Clerk MFP:mh Enclosures H:\Re:onlng.02.(remove acting)\Weil$_Rewn~_amendedwpd Robert B. Manetta April 8, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Michael A. Wells, 3904 Virginia Avenue, N. w., Roanoke, Virginia 24017 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKMH1\Rezoning,02.(remove acting)\Wells,P.ezoning.ameroded ,wpd ./1 /??t!?I.Pc7> A /777""/ IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: Request to amend conditions proffered and approved under Ordinance No. 32294- 121994, for property identified as Official Tax No. 2761409, located at the comer of Virginia Avenue, NW and Westside Boulevard, NW; and to rezone 0.5 acre ofland, located at the rear of the lot identified as Official Tax No. 2761421 and fronting on Virginia Avenue, NW; subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF . ROANOKE: The Petitioner, Michael A Wells, owns land in the City of Roanoke containing 0.5 acre, more or less, located at 3904 Virginia Avenue, N.W., identified as a portion of Official Tax Number 2761421 currently zoned RS-3, Residential Single Family Residential District and Official Tax No. 2761409 currently zoned RS-3, Single Family Residential District and C-2 General Commercial with conditions. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the rear portion of property identified as official tax nwnber 2761421 be rezoned from RS-3 Residential to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of expanding an existing automobile cleaning facility; said portion to be defined as follows: Beginning at a point on the northerly side ofa 10' alley on the westerly side of Westside Boulevard northeast; said point being at the southwest comer of Lot 10, Block 22, Map of Washington Heights, thence N. 66030' W. 100 feet; thence N. 23030' E. 50 feet; thence S. 66030' E. 100 feet to a point on the west side of Wests ide Boulevard. Thence with the same S. 23030' E. 50 feet to the point and place of beginning. 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 provide a needed commercial service. Therefore, the Petitioner requests to construct a 25' x 30' x 10' post frame building. See Exhibit 2. The Petitioner requests that the existing proffers contained in Ordinance No. 32294- 121994 for property identified as Official Tax Number 2761409 be repealed and replaced, and 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 on both parcels, identified by Official Tax Nos. 2761409 and 2761421. 1. The use of the subject property to be rezoned shall be an automobile cleaning facility. 2. The hours of operation shall be limited as follows: Monday through Friday 9:00 a.m. to 7:30 p.m. Saturdays from 8:30 a.m. to 6:00 p.m. Sundays from 1 :00 p.m. to 6:00 p.m. Attached as Exhibit 3 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street/road from the property to be rezoned. Attached as Exhibit 4 are signatures of neighbors who agree with the rezoning. WHEREFORE, the Petitioner request that the above described tract be rezoned in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 8th day of April, 2002. RESPECTFULLY SUBMITTED, ,#/;J;(d{/6~ Micnael A. We ,Owner 3904 Virginia Avenue, NW Roanoke, VA 24017 (540) 366-0123 ~ , .,. , .., ,J I .;..~ ;; " ~, "'- ...... ,I - " "" 1/ ' <<0, j/. ~- C'1"r, . 'Id'i-J... '" ,.. " -, ~ <:. I .... L',I ..... ~, '\" ,~, <..: ... ~ "- ,:....~...-! ..r:r ,'_"'" ..1' VG--<", ' ,J-'" : . . . - ~" . . , , , , I I , I I I I I '". I ........., ......~ @) '. - . ...... ..... . ~~~~_:"__~"T~,;-z-:;.:.,::_...._t.~ .' - .-....-,... -....----.....-..- ..... . -\ \ I \ \ . DBIlIl'I 2 .... I , r IA'-./ ~ 1.If6 \ ~ ~~ . ~ Ill..... ... ~ J.. ..~ --./ ~. 0MIN'IA A"-" . 1 .. J VIltU'''''. r No W. ~'Af.... %\ SAT , -'("". , : ~ ~~' 3(1' ~ - /<<1.0,,,,,,"4 ---=" I.. J50' Ih' I ~.j~ L_ I"" ;;.0...0. . .. '. .. '::; ... < .. ~ JS_--~ ",. ..,- :: ~". .. Cl ~ ~ . . CJ ~ . - .... ~ '" III ..' '5 ~ =Ej 'i <:.~.. 'l. .. ~ t{).~ Ill~~ . CI .... '" '-or ItJ ... ~ ~ P&.... -e?f#<1Jf '" l>-. j I 1 \A ~ ~ I I \ \ I , l.t ;:u_..--..~ZJ -- , M pUAIL.. S;J:JP . , ~ " ~ .' '~AzA _. J' .. 3:'-<>- .~I _..' ~ 7". ... _"'"' 3D' W. ~, .. .- IO(J. O' 7-"'" ___... __ . A~ _ J.~ 1#'MUf \ J...,.aL ~.,. ...... pal, ~.n(....,"",) Nora'''' JIl.'- ';'-v ._..~ 16 -r uuf'64" ~~,"Io ~44<'" Jl,AZlUltI ~. ;to 4If ~-,AI ~~ 6, ;;4 *4IUIP""/ ' ......... ,..,. I/Jt~ a~.UI"...-r. "l \ SIIE pLAN MICKA4/. ,4. /N4.us t:P "'P 1~ttJ, 4/6tI- d,-"*'III'I'{--'- ...",,,,,-~s !<OAN'CIt., '/;1I41"'IA $$..: ,_. ZJ:/' ~ u. "" s..UJ.J-Z lk.. , ....-c- - . - . .,.....- . ,.. -. .' .~:':._".. i ~ EXHIBIT 2 v ;).S'{ 30 PRICE BUILDINGS, INC. A 1111 Callaway Road Rocky Mount, VA 24151 (6)40) 483. 7:;z~e '\ EXHIBIT 3 ADJOINING PROPERlY OWNERS Tax No. Street Address Prooertv Owner 1. 2761408 David Mitchell 3910 Virginia Avenue Roanoke, VA 24017 2. 2760718 Tim Ramsuer 3909 Virginia Avenue, NW Roanoke, VA 24017 3. 2760719 Larry Hubbbard 3905 Virginia Avenue, NW Roanoke, VA 24017 4. 2761501 Jeff Murphy 1117 Westside Blvd., NW Preferred Maintenance Roanoke, VA 24017 5. 2761510 Joe Spangler 3831 Melrose Avenue, NW Sports Motors Roanoke, VA 24017 6. 2761417 Stop In Food Stores #58 3911 Melrose Avenue, NW Roanoke, VA 24017 Mailinll Address' 3000 Odgen Road Roanoke, VA 24019 EXHIBIT 4 Petition for REZONING Mike Wells 3904 Virginia Avenue Roanoke, VA 24017 I hereby notify all interested parties of p[;m of action to expand Mike" Car Care gar:lge at the above Residential address. -- NAME l. '-if. I '1..1 /.;.. C "l 2. r""~;~i ' ? . / I . ::", t / .t-.... .- . ADDRESS G~/....,(). . TELEPHONE (0 tional) 5. '5~!) W "5 c; (6 Va. 6. ,.\) 7. 'j;(v.-vI.' \j(~ bl,J..({c, ~ ".. ;.J ~~ r./~' .. -.....c:: If _ .1.. ~ ,J -, l \( Lt, '''. l_\....,.;.,,: ........., ,~\"'~ '- .,.....l".Vl. . ~ 8. - V/./l' .~.' I (f 1">1 .1'/ t/ C I . ) "'" i) (!- VL-t ..,J I .-- S-I- I ?C/' :; (/ /3 (/;k;/:<Tr/t! c7(..' =- '),11.') -:'/Ci (I ~~ 1.:::>1.1,"~ --l4> . v MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@cLroanoke.va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk March 26, 2002 File #51 Mr. Michael A. Wells 3904 Virginia Avenue, N. W. Roanoke, Virginia 24017 Dear Mr. Wells: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the question of amending, repealing or replacing proffered conditions authorized by Ordinance No. 32294-121994 presently binding upon Official Tax No. 2761409 and rezoning Official Tax No. 2761409 from RS-3, Residential Single Family, Low Density District, to C-2, General Commercial District; and rezoning Official Tax No. 2761421 from RS-3, Residential Single-Family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a report of the City Planning Commission, a notice of the public hearing and an Ordinance. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 540-853-2431. Questions with regard to the City Planning Commission report should be directed to the Department of Planning, Building and Development at 540-853-1730. It will be necessary for you, or your representative, to be present at the April 15 public hearing. Failure to appear could result in a deferral of the matter until a later date. 511::"...., J. P ~ Mary F. Parker, CMC City Clerk MFP:mh Enclosure ~. ) MARY F. PARKER, CMC City Clerk CITY OF ROANOKE OFFICE OF CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: clerk@ci.roanoke.va.us March 26, 2002 STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk File #51 David Mitchell 3910 Virginia Avenue, N. W. Roanoke, Virginia 24017 Ralph Austin 3723 Greenland Avenue, N. W. Roanoke, Virginia 24012 Tim and Teri Ramsuer 3909 Virginia Avenue, N. W. Roanoke, Virginia 24016 Whiting Oil Co. P. O. Box 13026 Roanoke, Virginia 24030 Elizabeth Thompson 3905 Virginia Avenue, N. W. Roanoke, Virginia 24017 Anna and Ruth Pryor 3901 Virginia Avenue, N. W. Roanoke, Virginia 24017 Roger and Deborah Murphy P. O. Box 5124 Fredericksburg, Virginia 22401 Marvin Hickson 110 Starview Drive Salem, Virginia 24153 Ladies and Gentlemen: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, April 15, 2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., City of Roanoke, on the question of amending, repealing or replacing proffered conditions authorized by Ordinance No. 32294-121994 presently binding upon Official Tax No. 2761409 and rezoning Official Tax No. 2761409 from RS-3, Residential Single Family, Low Density District, to C-2, General Commercial District; and rezoning Official Tax No. 2761421 from RS-3, Residential Single-Family Low Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The City Planning Commission is recommending that Council deny the request for rezoning. If you would like to receive a copy of the report of the City Planning Commission, please call the City Clerk's Office at 540-853-2541. Interested Property Owner and/or Adjoining Property Owner March 26, 2002 Page 2 This letter is provided for your information as an interested property owner and/or adjoining property owner. If you have questions with regard to the matter, please call the Department of Planning, Building and Development at 540-853-1730. s;~~ J ~ Mary F. Parker, CMC City Clerk MFP:mh '\ NOTICE OF PUBLIC HEARING BEFORE THE CITY OF ROANOKE PLANNING COMMISSION TO WHOM IT MAY CONCERN: The City of Roanoke Planning Commission will hold a public hearing on Thursday, March 21,2002, at 1 :30 p.m., or as soon as the matter may be heard, in the City Council Chamber, fourth floor, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., to consider the following: Request from Mike Wells that the rear 0.5 acre portion, more or less, of property located on Virginia Avenue, N.W., identified as Official Tax No. 2761421, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner; and that the conditions set forth in Ordinance No. 32294- 121994 for the property located at the corner of Virginia Avenue and Wests ide Boulevard, N.W., designated as Official Tax No. 2761409, be repealed and replaced with new conditions. A copy of said application is available for review in the Department of Planning Building and Development, Room 166, Noel C. Taylor Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. If you are a person who needs accommodations for this hearing, please contact the Department of Planning Building and Development at 853-1730 before 12:00 noon on the Monday before the date of the hearing listed above. Martha P. Franklin, Secretary City of Roanoke Planning Commission Please print in newspaper on Tuesday, March 5 and March 12, 2002. Please bill credit card and send affidavit of publication to: Department of Planning Building & Dev. Room 166, Municipal Building Roanoke, VA 24011 (540) 853-1730 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Michael Wells for property at 3904 Virginia Avenue, NW ) and adjoining lot, Tax Nos. 2761421 and 2761409, from) RS-3 to C-2, conditional, and amendment of proffered ) AFFIDAVIT conditions ) COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) TO-WIT: ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.2-2204, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 21 st day of February, 2002, notices of a public hearing to be held on the 21 st day of March, 2002,on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name 2761408 David Mitchell Mailinq Address 3910 Virginia Avenue, NW Roanoke, VA 24017 2760718 Tim and Teri Ramsuer 2760719 Elizabeth Thompson 3909 Virginia Avenue, NW Roanoke, VA 24017 3905 Virginia Avenue, NW Roanoke, VA 24017 POBox 5124 l:"rQrlQr;r-kc:hllrn VA 22401 2761501 Roger and Deborah Murphy --.-.---.. ...._--_.~-~_._."..,,'--...",. '" CITY OF ROANOKE OFFICE OF CITY CLERK MARY F. PARKER. CMC City Clerk 215 Church Avenue, S"W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 E-mail: c1erk@ci.roanoke..va.us STEPHANIE M. MOON Deputy City Clerk SHEILA N. HARTMAN Assistant Deputy City Clerk February 8, 2002 File #51 Robert B. Manetta, Chairperson City Planning Commission 2831 Stephenson Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Manetta: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition received in the City Clerk's Office on February 7,2002, from Michael A. Wells, requesting amendment of conditions proffered and approved pursuant to Ordinance No. 32294-121994, with regard to properties described as Official Tax No. 2761409, located at the corner of Virginia Avenue and Westside Boulevard, N. W.; and to rezone 0.5 acre of land, located at the rear of a lot identified as Official Tax No. 2761421, and fronting on Virginia Avenue, N. W., from RS-3, Residential Single-family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, rh.~ J.(J~ Mary F. Parker, CMC City Clerk MFP:mh Enclosures NICK"'" 1 IREZQNNG Q2II1'<ELLS. REZQNNG. DOC c, Robert B. Manetta February 8, 2002 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Michael A. Wells, 3904 Virginia Avenue, N. W., Roanoke, Virginia 24017 Willard N. Claytor, Director, Real Estate Valuation Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ronald L. Smith, Acting Building Commissioner Philip C. Schirmer, City Engineer William M. Hackworth, City Attorney Steven J. Talevi, Assistant City Attorney N:\CKM1 1\REZONNG,02\WELLS. REZONNG ,DOC ~l{6. 4-?DdkY- . . . IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA INRE: Request to amend conditions proffered and approved under Ordinance No. 32294- 121994, for property identified as Official Tax No. 2761409, located at the corner of Virginia Avenue, NW and Westside Boulevard, NW; and to rezone 0.5 acre ofland, located at the rear of the lot identified as Official Tax No. 2761421 and fronting on Virginia Avenue, NW; subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Michael A. Wells, owns land in the City of Roanoke containing 0.5 acre, more or less, located at 3904 Virginia Avenue, N.W., identified as a portion of Official Tax Number 2761421 currently zoned RS-3, Residential Single Family Residential District and Official Tax No. 2761409 currently zoned RS-3, Single Family Residential District and C-2 General Commercial with conditions. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the rear portion of property identified as official tax number 2761421 be rezoned from RS-3 Residential to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of expanding an existing automobile cleaning facility; said portion to be defined as follows: Beginning at a point on the northerly side of a 10' alley on the westerly side of Wests ide Boulevard northeast; said point being at the southwest corner of Lot 10, Block 22, Map of Washington Heights, thence N. 66030' W. 100 feet; thence N. 23030' E. 50 feet; thence S. 66030' E. 100 feet to a point on the west side of Wests ide Boulevard. Thence with the same S. 23030' E. 50 feet to the point and place of beginning. 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 provide a needed commercial service. Therefore, the Petitioner requests to construct a 25' x 30' x 10' post frame building. See Exhibit 2. The Petitioner requests that the existing proffers contained in Ordinance No. 32294- 121994 for property identified as Official Tax Number 2761409 be repealed and replaced, and 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 on both parcels, identified by Official Tax Nos. 2761409 and 2761421. 1. The use of the subject property to be rezoned shall be an automobile cleaning facility. 2. The hours of operation shall be limited as follows: Monday through Friday 9:00 a.m. to 7:30 p.m. Saturdays - 8:30 a.m. to 6:00 p.m. Sundays - 1:00 p.m. to 6:00 p.m. 3. A wooden stockade fence and appropriate landscaping to be approved by the Agent, shall be constructed and maintained along the top of the bank adjoining the adjacent residential property. See Exhibit 3. Attached as Exhibit 4 are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. Attached as Exhibit 5 are signatures of neighbors who agree with rezoning. WHEREFORE, The Petitioner requests that the above described tract be rezoned in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this"'" day of February, 2002. RESPECTFULLY SUBMITTED, r!t;~~~~dP Mic el A. We s, Owner 3904 Virginia Avenue, NW Roanoke, 'VA 24017 (540) 366-0123 / I I , I I ~ I " , ." , , , ~ ":J I ..... , , , / / / / / c ~ ... : ~ ~, .; ~ . ~ ." , '4 "'Q " ..;;- .J"<::7 " ..._ , ";. ... ~ .. , " . "-, ........ / '" I : ~ 1-....../ t\; ..t;. /....co I ~ V,. . ._' I .. ..r~ 9/ IJ . .' .. " I" Ir"!. '!.I, .... ~ ' I~' , . I ~ : '" I I <.0 , ~ I ~ '''' ' ,..,. , .... , r:; . ... I I?" " ~ I .... I ~ ,. 'I\, / ,!! I ~~ I "' I ~,. I 'II ". . ........, .......~. ; @) '. ". ":. . - .L ~ EXHIBIT 2 ;)..$ '{ :, 0 PRICE BUlLDINGS, INC. A 1111 Callaway Road Rocky Mount, VA 24151 (540) 463- 7~2e EXHIBIT 3 'viA (j (t/(,.4 ~\/t:NU~ r fV' . ~'Q' "~t;""'" 5 r.;r;. 3,:)' E. -- /000'j""'7,A{' /.-<(""""-'~ -;-;;, ",~.n ..N, ! 01 .,. "I i ~,!)' " ;; ~ .~~ j J i:L i__ -- ~--~~:..."'-=-~-1-- r "\ I ;;" ~----." ;~ 'J.& 1 , ! _,of:...... i . .... n ___ 1:,. c>,'.. ~'"" ,"- 110 1 , , i~ i~ I 7"'.7 ........l... .. ST<>AJ' ~.cA( .;)....'~...:.f.o/c.. N<>- $904 Lc- 8 :~ / ~ () () '" tl; '" "- ~ , ., 1 t ~"'TN~ ""..~. () ~ .... ~ ~~~ '. ;'41 """'~:../ ~f ;:70' ~U;.o( Pi ........."'"7? : L-J end3 "-"1 fa JA.t NoI', ?7~/.f09 --- '" '" L'l q lA' N.. 27(.1'1'21 Q. " .<1 "'.... " < NEw! JA ... {\ 1 t:.~ 8L.oc/<. 22 ..., t."'- . r-=-1. . ~ ;~ Parking/Area ~ ::: ." io..ll- 100. I /o'"q':'I..e.,y o C~t.~R~ I I -l..--~ . - ~.,. so' w,,.. ,~~It 1 30' W, M~/ /',~ ~Ir ~ _.vc;,..' , IZX 2.D L.eOAL Ra.p.~Ae^,C'6: 8. I, Po. 43(RoA. C.) " \ - :...,:0../ 0,.../ :'6.,'" >;, \'" .\ , " '. \\ .. "- .,> ... ":< ~ <:l '" CJ --:~, ~ .~ ;:\ ~ -> .) 'lJ , ~ ~ Cl ~ , l\)~~ <- &l,,:: llJ I . Cl ">.. , , IJ) -, ;: < ~ \:!.:- '1". }-.... 'Jl ~ .,: 1I/4T6 T/f'l! Su"..Ii~r /'J(O,P4R7,-IS ~,r ~()<:''''T40 'N S,Pr...,.Ai. /;:,I,.oc,:: -'lAzAR!:) Z~4S :4. C\"l :S';"Is j)~~/6NA,"~O d... 7':..6 S~C~~T;4llf Q' "vOUSlly'u ....-.NO {.,~.:L-1.....' :;'e.;'e..~r""J!"'7 ~TH~ 01" Lo!_' 9" 10, '-OLoeK 22, Vi..." Or wAs'''/o/6T~ _;"<._';-, , JAC1l .. IESS~" ROANOKE, 0RG/..v'IA ~~y~ l SCALe /""~ 20' SLEPT z,:. 19'iC r .~>> tlTIf:c4TE iii. s,. _"'eM: " 8ESS "" C i'~ liN 1? eR.li-r/~O !.AI.(!.) $l./,4VL1yaA... f ~.c- 4,f.(, '<!"O '4~O ~<i' ~ ~ I ,v,S .j':: ''::-90/254 SITE PLAN /r"IICHAEL A. W.eLL 5 " EXHIBIT 4 ADJOINING PROPERTY OWNERS Tax No. Street Address Prooertv Owner 1. 2761408 David Mitchell 3910 Virginia Avenue Roanoke, VA 24017 2. 2760718 Tim Ramsuer 3909 Virginia Avenue, NW Roanoke, VA 24017 3. 2760719 Larry Hubbbard 3905 Virginia Avenue, NW Roanoke, VA 24017 4. 2761501 Jeff Murphy 1117 Westside Blvd., NW Preferred Maintenance Roanoke, VA 24017 5. 2761510 Joe Spangler 3831 Melrose Avenue, NW Sports Motors Roanoke, VA 24017 6. 2761417 Stop In Food Stores #58 3911 Melrose Avenue, NW Roanoke, VA 24017 Mailing Address 3000 Odgen Road Roanoke, VA 24019 EXHIBIT 5 Petition for REZONING Mike Wells 3904 Virginia Avenue Roanoke, VA 24017 I hereby notify all interested parties of plan of action to expand Mike's Car Care garage at the above Residential address. ADDRESS -- 3. .. <.dvU 5. 7.'3'1';/ . " , ' , r /} uJ J 5~1) U ")C;(6 Va 6. ,,;J 7. ';;<('-L"\ \et::... blvkc ( ~ ,co C7//C/1<--4' l1./~/ ;.> -..~c If 'A _~ l,I,. "v ,-__:J\<....~ ~ \_Ll,/:"I".\,).../(,.' .\.....v..:. ;..) '. " ~ 8. .~ -' / i../ ;:/} j\/C/C ) --Ci.k p ~l. HI 75/' . /'... '- J' /30fv',1/'J-J/!/ C,'{./- I . ] l-/ i ) ,)- v<-t ..,J TELEPHONE (0 tional) .';' "-"'7-"-':': /j--/-5-::- :::.::s; U/ ' , ,','- ~.' --- L.;- r 563-- 5~2 ,-' fI.,C -~. 0'-,O~ :7 G G - 70 J 2- ~!. ~'I 5(,. \{ v cf\y; 'l,\Ir-' . REVISED 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, April 15, 2002, at 7:00 p.m., in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending, repealing or replacing proffered conditions, authorized by Ordinance No. 32294-121994,presentIybindingupon Official Tax No. 2761409, and rezoning such Official Tax No. 2761409, from RS-3, Residential Single Family, Low Density District, and C-2, General Commercial District, to C-2, General Commercial District, subject to certain proffers, and rezoning Official Tax No. 2761421 from RS-3, Residential Single Family, Low Density District, to C-2, General Commercial District, subject to certain proffers, such tract described as follows: That tract ofland described as Official Tax Nos. 2761409 and 2761421. 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. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, April 11, 2002. GIVEN under my hand this 27thdayof March ,2002. Mary F. Parker, City Clerk. H:\NOTICES\N-rezoVaAve04l502wpd The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - -- ROANOKE CITY CLERK'S 215 CHURCH AVE SW RM ATT, MARY PARKER, CL ROANOKE VA 24011 I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: II8lle.! Of I'IIUC IIfMfIG to WHOM IT MAy c:::ot<<aN: .Purluarrttothe~Ot AIUcIe VII of Chapter 36.1 Code of the Cfly of FIoanok8 (1979), .. amended, the Coun- cil of the_ CIty of Roanoke will hoIde PublIc Hearn'lI:on Mon. day, AprtI 15.2002, at 7:00 p.m., In'ttle Council ~ In the Noel C. Teytor MunIcIpal _21!l.~_ S.W., 011' ttI.~"qut.uoI1':oi;' ~_or....... ""--.- rbd ~Onllnance He. 32294- 1.21994..Jtf'tUntI): blndln, upon 0fIIcIaJ Tax ............ ..... No. 2'18U08,' fr'om RS-a., Fal1llly, Low and C-2.","" DI8trtCt.to '" mercieI ' ta/nprnl'l'8r,. cfaI T.. NcL,i7. RS-3..~ ~"C:.~.;..;... SUbjectto~ sucIltftlCtdescrlb<<l:_ REFERENCE, 80023382 01873750 32294-121994 etc State of Virginia City of Roanoke City/County of Roanoke, Commonwealth/State of Virginia. d Sworn and sUbscribed~e ore me this ___l~~_day of AP~~4 ^" jht s ~Y.l~nd and official seal_ _llr__ Aw--TF------, Notary Public My commission expires ______j(~~-'~_~~_____. PUBLISHED ON, 03/29 04/05 A copy ofthle: _fof'~ otIloo"'....."........ .... -- ..._ All parties In InWe8t may appear on the abcMt dete and b8 heard on the CI1/lillstlon. 1f)'OU'... I*Ion ~ a dI8- lIbIIIt)'who needs 1lCCOmrncJde. -""..._- CClntMttMCltyClertc..OIftce 853,2541, by' Thuntday Aptti 11_ 2002. ' , GIVEN under my hand ttU'27th deyofMIrCh,2002. _f._.Cl\YCle<k. (18T3750) . TOTAL COST, FILED ON, 271.70 04/09/02 ----- - ----- - - ------------ - - - ------ - ------------- -- - - -- ------ - - - - - ------------ Authorized '"'~ ~" signature:________~_____________, Billing Services Representative ~1~( OV ~or NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 18,2002, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., on the question of amending conditions proffered and approved under Ordinance No. 32294-121994 for property designated as Official Tax No. 2761409; and on the question of rezoning from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain proffered conditions, the following property: A .03 acre tract ofland located at the rear of the lot identified as Official Tax No. 2761421. 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. If you are a person with a disability who needs accommodations for this public hearing, contact the City Clerk's Office, 853-2541, by Thursday, November 14,2002. GIVEN under my hand this.1ili:.h day of Octoher ,2002. Mary F. Parker, City Clerk. H:\NOTTCES\N-REZOVIRGINAA VENW(WELLS)111802.DOC The Roanoke Times Roanoke, Virginia Affidavit of Publication The Roanoke Times RECU.it,D _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ -l'.j.H .cUE~S_m-, J ~ _ _ _ _ _ _ _ _ _ _ _ _ __ I '~2 NOV 13 P 6 :02 I I I I I I I I ROY V_ CREASY SUITE 915 213 S JEFFERSON ST ROANOKE VA 24011 IIOTIC( Of PIIIIC_O TO WHOM rr MAY CONCERN: REFERENCE, 80057547 02017599 .03 acre tract Pu...uent to the provtIIanI of ArtIoIe VII of CMpter. 38.1, Code of the CIty, or RoInoke I (1979), _ .1Mftded, tINt Coun. Cllof~~ot:RoerIclNwIU hold . PublIc HNIInC on Mon. dey.' Novemb8r 11, 2002; 81: 7:00p.m.,or_8OCIII thefMl'. .1' ter .. the mIttIIr ,1118)' be hNrd, In the CounclN ChImber , In th. NoM C. TII)1or Mun6cIpaI BulId1n& 215, CIu'ct\ AwnIl8. S.W.. on th. qUHtlon of .m8ndlnl oondltlonl prorrer.d .nd 8PP<<Md unHr onIInMOl No. 32214.121884 for prop- ~~.OI'ftcIIITlIX No. 2781401: 8l'Id on. the queitlon of'ruo"ln, from ...., -..... .... -' DiJtrIot, to C.2; GenlI'IIf Com- nierollllDllttlOt,lUbjeattooer. t81n prorrer.d concWonI. the ........- ...._-"'-- lIttherUrr1ltl'lelotklentflt8d .. omclel Ta No. 27'1421. State of Virginia City of Roanoke I, (the undersigned) an authorized representative of the Times-World Corporation, which corporation is publisher of the Roanoke Times, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates, City/County of Roanoke, Commonwealth/State of Virginia. Sworn and subscribed before me this __l~~__day of November 2002. Witness my hand and offici /f.a\~. _ _______ ~_____________ Notary P~~lic My commi sion expires __~~__}~_~~~__- '-"'.""'." .~II """-"".. ,........... In ... 0lIlc!! ...'*' ao,.; Room 4Mi. . .1uIk1I... A1IPartlel.rn~,_ lPPMI'on tIIt.""1hd behNrdontht~ If P.,'" . penon WIttI . d1Mtl11t1~ ... accOmmo- -. "'" ..... ....... =-,~/:l::r=: ~"'~)4,"'" ".""'3Oth ~I"~~"''*''- PUBLISHED ON, 11/01 11/08 TOTAL COST, FILED ON, 266.80 11/11/02 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -+- - - - - - - - - - - - - - - - - - - - - - - - - -- Author' (')(;) vi Signat .~~~_____, Billing Services Representative ~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36151-120202. A RESOLUTION canceling the work session meeting of City Council scheduled to be held at 12:15 p.m., on December 30, 2002. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The work session meeting of City Council scheduled to be held at 12:15 p.m., Monday, December 30, 2002, is hereby CANCELED. 2. I Resolution No. 35958-070202, adopted July 2,2002, is hereby amended to the extent it is inconsistent with this resolution. 3. The City Clerk is directed to cause a copy of this resolution to be posted adjacent to the doors of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to December 30, 2002. ATTEST: City Clerk. H:\MEASURES\r-meetingscan 123002Y.Orksession.doc CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 6, 2002 File #184 Darlene L. Burcham City Manager Roanoke, Virginia Dear Ms. Burcham: I am attaching copy of Resolution No. 36152-120202 closing certain City offices on Tuesday, December 24, 2002, and providing for additional holiday leave for all City employees. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting which was held on Monday, December 2,2002. Sincerely, MFP:sm Attachment pc: Jesse A. Hall, Director of Finance Willard N. Claytor, Director, Real Estate Valuation Troy A. Harmon, Municipal Auditor Kenneth S. Cronin, Director, Human Resources H:\Agenda.02\December 2, 2002 correspondence.wpd v~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2002. No. 36152-120202. A RESOLUTION closing certain City offices on Tuesday, December 24,2002, and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed on Tuesday, December 24,2002. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours on Tuesday, December 24, 2002. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work on Tuesday, December 24,2002, such employees, regardless of whether they are scheduled to work on Tuesday, December 24, 2002, shall be accorded equal time off at a later date. Employees of the FirelEMS Department working the three platoon system shall receive twelve hours of holiday time due to 1heir work schedule. 4. Adherence to this resolution shall cause no disruption or cessation ofthe performance of any emergency, essential or necessary public service rendered or performed by the City. ATTEST: City Clerk. H,IMEASURESIR-HOLL5 CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 9, 2002 File #15-20-110 The Honorable Julian H. Raney, Chief Judge General District Court Roanoke, Virginia Dear Judge Raney: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 2, 2002, you were reappointed as a member of the Court Community Corrections Program Regional Criminal Justice Board, for a term ending June 30, 2005. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd The Honorable Julian H. Raney, Chief Judge December 9, 2002 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Court Community Corrections Program Regional Criminal Justice Board. Sincerely, 0 fA~ 1.r~ Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: James T. Phipps, Secretary, Court Community Corrections Program Regional Criminal Justice Board, City of Salem, Court Community Corrections, 516 East Main Street, Salem, Virginia 24153 Stephanie M. Moon, Deputy City Clerk N:\CKMH1\Agenda.02\December 2, 2002.0alhs.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December, 2002, JULIAN H. RANEY was reappointed as a member of the Court Community Corrections Program Regional Criminal Justice Board, for a term ending June 30, 2005. Given under my hand and the Seal of the City of Roanoke this ninth day of December, 2002. Ift~ JtJ'~- City Clerk N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMC City Clerk Stephanie M. Moon Deputy City Clerk Sheila N. Hartman Assistant City Clerk December 9,2002 File #15-20-110 The Honorable John B. Ferguson, Chief Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Ferguson: At a regular meeting of the Council of the City of Roanoke which was held on Monday, December 2, 2002, you were reappointed as a member of the Court Community Corrections Program Regional Criminal Justice Board, for a term ending June 30, 2005. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Court of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Noel C. Taylor Municipal Building, 215 Church Avenue, S. W., prior to serving in the capacity to which you were reappointed. Pursuant to Section 2.2-3702, Code of Virginia (1950), as amended, I am also enclosing copy of the Virginia Freedom of Information Act. N:\CKMH1\Agenda.02\December 2. 2002.0alhs.wpd The Honorable John B. Ferguson, Chief Judge December 9, 2002 Page 2 On behalf of the Mayor and Members of City Council, I would like to express appreciation for your willingness to continue your service to the City of Roanoke as a member of the Court Community Corrections Program Regional Criminal Justice Board. Sincerely, /J ~ ~ 1. r~I.' Mary F. Parker, CMC City Clerk MFP:mh Enclosures pc: James T. Phipps, Secretary, Court Community Corrections Program Regional Criminal Justice Board, City of Salem, Court Community Corrections, 516 East Main Street, Salem, Virginia 24153 Stephanie M. Moon, Deputy City Clerk N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December, 2002, JOHN B. FERGUSON was reappointed as a member of the Court Community Corrections Program Regional Criminal Justice Board, for a term ending June 30, 2005. Given under my hand and the Seal of the City of Roanoke this ninth day of December, 2002. /l " 'Z L4,-_ I "'~ 7.r~ City Clerk N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December, 2002, ROBIN MURPHY-KELSO was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2005. Given under my hand and the Seal of the City of Roanoke this ninth day of December, 2002. A.." 1 /G.- City Clerk N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd CITY OF ROANOKE ) ) To-wit: ) COMMONWEALTH OF VIRGINIA I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December, 2002, SHIRLEY M. BETHEL was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2005. Given under my hand and the Seal of the City of Roanoke this ninth day of December, 2002. ~~ :/. ~ City Clerk N:\CKMH1\Agenda.02\December 2, 2002.0aths.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December, 2002, CHARLES W. HANCOCK was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2003. Given under my hand and the Seal of the City of Roanoke this ninth day of December, 2002. tn.~-j.~ City Clerk N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd COMMONWEALTH OF VIRGINIA ) ) To-wit: ) CITY OF ROANOKE I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December, 2002, CARL D. COOPER was reappointed as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 30, 2005. Given under my hand and the Seal of the City of Roanoke this ninth day of December, 2002. If1 ""7 9. fJ~, City Clerk N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd ( COMMONWEALTH OF VIRGINIA CITY OF ROANOKE ) To-wit: ) I, Mary F. Parker, City Clerk, and as such City Clerk of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council which was held on the second day of December, 2002, ROBERT WilLIAMS, JR., was reappointed as a member of the Blue Ridge Behavioral Healthcare Board of Directors, for a term ending December 31,2005. Given under my hand and the Seal of the City of Roanoke this ninth day of December, 2002. IA-r;.~ City Clerk N:\CKMH1\Agenda.02\December 2. 2002.0aths.wpd