HomeMy WebLinkAboutCouncil Actions 10-21-91REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL
October 21, 1991
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. Council Member Bowles was absent. Council
Member White left the meeting at 3:55 p.m., following completion of Item 3.c.
The invocation will be delivered by The Reverend Douglas F. C. Keffer,
Senior Minister, Edgewood Christian Church. Present.
The Pledge of Allegiance to the Flag of the United States of America will
be led by Mayor Noel C. Taylor.
PUBLIC HEARINGS
Continuation of a public hearing on the request of Total Action
Against Poverty in Roanoke Valley, Inc., a Virginia Corporation,
that property located at 3526, 3534, 3538 and 3542 Melrose
Avenue, N. W., 1025 36th Street, N. W., and a vacant lot,
bearing Official Tax No. 2660310, be rezoned from C-2, General
Commercial District and RM-1, Residential Multi-Family, Low
Density District, to RM-4, Residential Multi-Family, High Density
District, subject to certain conditions proffered by the
petitioner. Mr. W. Heywood Fralin, Attorney.
Adopted Ordinance No. 30751 on first leading. (5-0, Council
Member White abstained from voting. )
C-1
CONSENT AGENDA
(APPROVED 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE
ENACTED BY ONE MOTION IN THE FORM LISTED BELOW. THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF
DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENT AGENDA AND CONSIDERED SEPARATELY.
Minutes of the regular meeting of Council held on Monday, July 8, 1991;
the special meeting held on Monday, July 22, 1991; and the regular meeting
1
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
17 ? 3:07
Office of the City Manager
October 21, 1991
The Honorable Noel C. Taylor
and Members of Roanoke city Council
Roanoke, Virginia
SUBJECT: 1991 T.RAF COT.T.RCTION PROGRAM
Dear Mayor and Members of Council:
Please accept this status report in regard to the City's 1991
Leaf Collection Program.
In the past, the Department of Parks and Recreation began vacuum
leaf collection service during the first week in November. Once
the leaf cycle was complete, it was repeated.
As a budget reduction measure, this year our residents will
receive a single vacuum service. In order to minimize problems
associated with the reduction in collections the following
actions are planned:
(1)
The vacuum service will begin at a later date, approximately
November 18th.
(2)
The Round Hill area, which has a significant number of oak
trees that generally drop leaves late, will become part of a
different pick-up zone. As a result, Round Hill will get
leaf service later than in previous years. Residents have
been notified by mail of this change.
(3)
Additional vacuum collections will be available to residents
for a $25.00 fee, and will be done on an overtime basis
(weekends and late afternoons). Residents may contact Parks
and Recreation (981-2236) to arrange for this service.
(4)
Last year's bagged collection program will continue, with
collection tentatively scheduled to begin November 4th.
Bagged leaves will be picked up at the front curb weekly,
the same day as refuse collection.
on
Room 364 Municipal Building 2 t 5 Church Avenue, S.W, Roanoke, Virginia 24011 (703)981-2333
Page 2
(5)
Current plans are for the mulching of bagged leaves, which
will then be made available to the public. The City will
rent, in conjunction with the County, a portable tub grinder
and a tractor, at a total cost of $3400 per month.
If you have any questions regarding this information, feel free
to contact me.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH: jh
,)EPARTMENT OF FINANCE
October 21, 1991
'91 I]0T 16 ? 4:43
Honorable Mayor and Members of City Council
Joel M. Schlanger
Summary of Bulk Water/Sewer Rate Changes effective
July 1, 1991
Enclosed for your information are the detailed
adjustments made to the various local governments under our
current contracts.
for you.
For your convenience I have summarized these changes
Should you have any questions, please contact me.
rector of Fina~
JMS/pac
CITY OF ROANOKE~ VIRGINIA
SUNNAR¥ OF BULK WATER/SEWAGE RATES
BU~K S~WAGE RATES
(per ~illion gallons)
Actual Actual
Rate for Rate for
FY91 Rase~ FY92 Rased
on FY 90 on FY 91
Expenses Expenses
Increase
Amount
Increase
Percentaae
Roanoke County $334.45
Town of Vinton 331.22
City of Salem 332.85
Botetourt County 331.22
$341.28 $6.83 2.04%
337.81 6.59 1.99%
339.57 6.72 2.02%
337.81 6.59 1.99%
BUL~WAT~RATES
(per 100 cu.ft, or 750 gallons)
Actual Actual Increase Increase
Rate Rate (Decrease) (Decrease)
1989-90 1990-91 Amount ~
Roanoke County $0.70 $0.95
Town of Vinton 0.85 1.14
$0.25 35.71%
0.29 34.12%
Note:
The bulk water billing rate for FY92 (which is based on
budgeted amounts) will be $.73 for Roanoke County and $.87
for any water that the Town of Vinton purchases. The
actual rate is computed at the end of each fiscal year
after actual expenses are audited.
MARY F. PARKER
City Clerk
CITY OF ROANOKIZ
OFFICE OF THE CITY CLEPK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #15-192
SANDRA H. F_AKIN
Deputy City Clerk
Mr. John S. Edwards, Chairman
Roanoke Civic Center Commission
3745 Forest Road, S. W.
Roanoke, Virginia 24015
Dear Mr. Edwards:
This is to advise you that Mr. James W. Burks, Jr., has qualified as a member of the
Roanoke Civic Center Commission for a term of three years ending September 30,
1994.
Sincerely, ~
Mary F..Parker, CMC/AAE
City Clerk
MFP: ra
pc: Mr. Bob E. Chapman, Manager,. Civic Center
COmmONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Sandra H..- Eakin, Deputy City Clerk, and as such Deputy City Clerk of the
Council of the City of Roanoke and keeper of the records thereof, do hereby certify
that at a regular meeting of Council held on the twenty-third day of September,
1991, JAMES W. BURKS, JR., was reelected as a member of the Roanoke Civic Center
Commission for a term of three years, ending September 30, 1994.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day
of September, 1991.
Deputy City Clerk
MARY F. PARLOR
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, ~rwginia 24011
Telephone: (703)981-2541
October 23, 1991
File//15-450
SANDRA H. EAKIN
Deputy City Clerk
Mr. Brian J. Wishneff, Secretary
Economic Development Commission
Roanoke, Virginia
Dear Mr. Wishneff:
This is to advise you that Mr. Mark D. Heath has qualified as a member of the
Economic Development Commission for a term ending June 30, 1994.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
COMMONWEALTH OF VIRGINIA
CITY OF R~ANOKE
To-wit:
I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the
City of ROanoke and keeper of the records thereof, do hereby certify that at a
regular meeting of Council held on the 26th day of August, 1991, MARK D. HEATH
was elected as a member of the Economic Development Commission for a term
ending June 30, 1994.
Given under my hand and the Seal of the City of Roanoke this 28th day of
August, 1991.
City Clerk
M.a. RY F. PARKER
City Clerk
CITY OF ROANOK'
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #15-64
SANDRA H. E,aa~IN
Deputy City Clerk
Mr. Ronald H. Miller
Building Commissioner/Zoning Administrator
Roanoke, Virginia
Dear Mr. Miller:
This is to advise you that Mr. Curtis L. Ratliff has qualified as a member of the
Board of Adjustments and Appeals, Building Code, for a term of five years ending
September 30, 1996.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
COMMONWEALTH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I, Sandra I-}.' Fakin, Deputy City Clerk, and as such Deputy City Clerk of the
Council of the City of Roanoke and keeper of the records thereof, do hereby certify
that at a reKuhr meeting of Council held on the twenty-third day of September,
1991, CURTIS L. RATLIFF, was reelected as a member of the Board of Adjustments
and Appeals, Building Code for a term of five years, ending September 30, 1996.
Given under my hand and the Seal of the City of Roanoke this twenty-fifth day
of September, 1991.
Deputy City Clerk
held on Monday, July 22, 1991.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
C-2 A report of the City Manager with regard to the leaf collection program.
RECOMMENDED ACTION: Receive and file.
C-3 A report of the Director of Finance transmitting a summary of bulk
water/sewer rate changes, effective July 1, 1991.
RECOMMENDED ACTION: Receive and file.
C-4 Qualification of Mr. James W. Burks, Jr., as a member of the Roanoke
Civic Center Commission for a term of three years ending September 30, 1994.
RECOMMENDED ACTION: Receive and file.
C-5 Qualification of Mr. Mark D. Heath as a member of the Economic
Development Commission for a term ending June 30, 1994.
RECOMMENDED ACTION: Receive and file.
C-6 Qualification of Mr. Curtis L. Ratliff as a member of the Board of
Adjustments and Appeals, Building Code, for a term of five years ending
September 30, 1996.
RECOMMENDED ACTION: Receive and file.
Request of the City Mgnagar for an Executive Session to discuss and
consider a matter with regard to the use of real property for public purpose,
specifi~lly, the use of property for a t~nsfer station for the proposed new
Regional l~ndfill Facility, pursuant to Section 2.1-344(A)(3), Code of
Virginia (1950), as amended. Concurred in the request.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters:
Presentation by the Council of Community Services with regard to the
Needs Assessment Project. Mr. Briggs Andrews, Board Member,
Spokesperson.
Received and fried.
Presentation by The River Foundation with regard to current status,
goals and anticipated sequence of events for the Explore Project. Mr.
M. Rupert Cutler, Ph.D., Spokesperson.
Received and filed.
2
Request to discuss the new beverage container deposit bill which will
be submitted to the General Assembly by Senator Joseph Gartlan in
January, 1992. Mr. Shaun P. Carroll, Benchmark Engineering
Services, Inc., Spokesperson.
The matter was referred to the City Manager and the Legislative
Committee for study and report to Council.
Council Member White left the meeting at 3:55 p.m.
Petitions and Communications: None.
Reports of Officers:
a. City Manager:
Briefings: None.
Items Recommended for Action:
A report recommending appropriation of $17,600.00 from Internal
Service Fund Retained Earnings to Utility Line Services Capital
accounts, in order to purchase certain equipment needed for
maintenance and construction activities on water and sewer lines.
Adopted Ordinance No. 30752-102191. (5-0)
A report recommending that Bhie Cross Blue Shield of Virginia
be permitted to decorate the Linden trees in Key Plaza for the
period November 11, 1991 through January 15, 1992.
Adopted Resolution No. 30753-102191. (4-0, Council Member
Bowers was out of the Council Chamber. )
A report concurring in a report of a bid committee recommending
acceptance of the bid submitted by Devoe Paint, in the total
amount of $30,817.50, to supply traffic paint necessary to
continue the City's annual street marking program.
Adopted Resolution No. 30754-102191. (5-0)
Reports of Committees: None.
Unfinished Business: None.
Introduction and Consideration of Olvlinances and Resolutions:
Ordinance No. 30725, on second reading, permanently vacating,
discontinuing and closing a certain ten foot alley, more or less,
commencing from Williamson Road and terminating at the property of
3
bo
Co
fo
Lady Bird Apparel, Inc., which abuts the Roy L. Webber Expressway
located in Sections 3 and 4, Map of Jefferson Land Company.
Adopted Ol, dlnnnce No. 30725-102191. (5-0)
Ordinance No. 30726, on second reading, rezoning property located at
1255 Williamson Road, S. E., containing 3.132 acres, identified as
Official Tax Nos. 4030210- 4030212, inclusive, and 4030222, from LM,
Light Manufacturing District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner.
Adopted OrdinanCe No. 30726-102191. (5-0)
Ordinance No. 30727, on second reading, rezoning a tract of land
located on U. S. Route 460 (Orange Avenue, N. E.), containing 2.000
acres, identified as a combination of Official Tax Nos. 7110106 and
7110122, from RS-3, Residential Single Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the
petitioner.
Adopted OrdinAnce No. 30727-102191. (5-0)
Ordinance No. 30739, on second reading, authorizing the lease of the
Jefferson High School Building and certain property located within the
City for renovation as a mixed-use community center facility, and
authorizing the appropriate City officiais to execute an Agreement and
Deed of Lease therefor.
Adopted Ordinance No. 30739-102191. (5-0)
Ordinance No. 30742, on second reading, authorizing the granting of
an easement to Appalachian Power Company across Fishhurn Park
Elementary School property, upon certain terms and conditions.
Adopted OrdinAnce No. 30742-102191. (5-0)
Ordinance No. 30743, on second reading, authorizing the granting of
an easement to Appalachian Power Company across City property
located at Coyner Springs, upon certain terms and conditions.
Adopted OrdinRnce No. 30743-102191. (5-0)
Ordinance No. 30744, on second reading, authorizing the execution of
an agreement with Appalachian Power Company for installation and
maintenance of an electric power pole upon property located in the
Roanoke Centre for Industry and Technology.
Adopted Ordinance No. 30744-102191. (5-0)
4
Ordinance No. 3074§, on second reading, authorizing the granting of
an easement to Appalachian Power Company on Norfolk Avenue, S. E.,
upon certain terms and conditions.
Adopted Ord{nance No. 30745-102191. (5-0)
Ordinance No. 30746, on second reading, authorizing the granting of
an easement to C & P Telephone Company across property located at
Fairview Elementary School, upon certain terms and conditions.
Adopted Orr{|nanee No. 30746-102191. (5-0)
Ordinance No. 30747, on second reading, authorizing conveyance by
the City to the Roanoke Regional Airport Commission of a certain .23
acre parcel located in Roanoke County and assignment by the City to
the Airport Commission of a lease of a certain . 21 acre parcel located in
Roanoke City for use in connection with the airport navigationai
system, upon certain terms and conditions.
Adopted OrdinAnce No. 30747-102191. (5-0)
Motions and Miscellaneous Business:
Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
10. Other Hearings of Citizens:
Certification of Executive Session. (5-0)
Adopted OrdinAnee No. 30755-102191 approving proposed design and
operating criteria for the proposed Solid Waste Transfer Station, and
approving the Hollin-~ Road South site for the location of such tr~n-~fer
station, upon certain terms and conditions. (5-0)
Roanoke, Virginia
October 21, 1991
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor Taylor and Council Members:
I request that Council convene in Executive Session to discuss
and consider the use of real property for a public purpose,
specifically, the use of property for a transfer station for the
proposed new regional landfill faclity, pursuant to Section
2.1-344(A)(3), Code of Virginia (1950), as amended.
Respectfully submitted,
W. Robert Herbert'
City Manager
WRH/dh
cc:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Joel M. Schlanger, Director of Finance
Ms. Mary Parker, City Clerk
Mr. Kit Kiser, Director of Utilities & Operations
o
Bdggs Andrews
Roger L. Baumgardner
Carolyn R. Bass
James P. Beatty
Michael w. Coffman
,? David C. Douglas
_z Marc S. Fink
· J, W. Bill Fox, Jr.
Z_o Jan B. Garrett
Kenneth Haley
William F, Hawkins
Edna Henning
Calvin Johnson
Samuel L. Lionberger
Richard D. Lucas
o Donna Proctor
Marilyn A. Rigby
Wayne Slusher
Vanetta Stockton
Marg Ellen Carneal
EXECUTIVE DIRECTOR:
PRESIDENT:
Broaddus C. Fitzpatrick
VICE PRESIDENTS:
C. Stan Cross, Jr.
Howard Packett
Cheri Hartman, Ph.D.
BOARD OF DIRECTORS:
Raleigh Campbell
Council of Communit
CITY C~.~.r ~,
920 South Jefferson S~reet / Roanoke, VA 2W004
'0~j ~P -6 P 1:05 Telephone: (703) 985-0i$i
September 5, 1991
Ms. Mary Parker
City Clerk
Room 456, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Dear Ms. Parker:
This letter is to confirm that Briggs Andrews, Council
of Community Services' Board Member and Chairman of the
Needs Assessment Committee, would like to appear before
the Roanoke City Council on Monday, October 21, 1991 at
its 2:00 p.m. session. Mr. Andrews would like to share
some information on the Council's Needs Assessment Pro-
ject with you and members of the Roanoke City Council I
am enclosing information regarding the Project.
If you have questions, please feel free to contact Mr.
Andrews, 981-8053, or me.
Sincerely,
?,1'
Raleigh/Campbell
Executive Director
/jyt
Enclosure
A United Way Agency
Co ! [ mmunity Services
ct ~ ~-~ ~rl~n Terrace Building / P.O. Box 598
920 Sough, ~,~3erson Street / Roanoke, VA 24004
~P -6 V I ~ Telephone: (703) 98.5-O131
PRESIDENT:
Broaddus C. Fitzpatrick
ViCE PRESIDENTS:
C. Start Cross, Jr.
Howard Packett
Clled Hartrnan, PI1.D.
BOARD OF DIREC'r'ORS:
Briggs Andrews
Roger L. Baumgardnar
Carolyn R. Bass
James P. Beetty
Michael W. Coffrnan
David C. Douglas
Marc S. Fink
J. W. 'Bill" Fox, Jr.
Jan B. Garrett
Kenneth Haley
William F. Hawkins
Edna Henning
Calvin Joi~nson
Samuel L. Uonbarger
Richard D. Lucas
Donna Proctor
Ma,fiNn A. Rlgby
Wayne Slusher
Vanetta Stockton
Ma~ Ellen Cameal
EXECUTIVE DIRECTOR:
Raleigh Campbell
$ep~emDer 4, i99i
NEEDS ASSESS~RENT PROJECT
On Tuesday, July 23, 1991 the Council of Community
Services announced the implementation of a Valley-wide
human service needs assessment. The assessment is
designed to identify the seriousness of need in the
specific areas of child and youth services? adult ser-
vices, elderly services and other overall community
needs.
A committee has been appointed by the Board of ~he
Council of Community Services to guide the needs assess-
ment project. Board member Briggs Andrews has been
named committee chair. Other members are Mary Ellen
Carneal, Bill Elliot, Heidi Krisch, Katherine McCain.
and Harry Nickens.
The needs assessment process will get underway this
summer with distribution of a survey form to selected
target groups and key informants. The process will
culminate this fall in the release of the study results
and the conduction of a human services assembly during
which the needs identified in the study will be
addressed.
The Council of Community Services is a non-profit,
community-based, citizen-led planning agency primarily
serving the residents of the fifth Planning District
and Southwestern Virginia.
A United Way Agency
COUNCIL OF COMMUNITY SERVICES
d,,'3MMUNITY NEEDS SURVEY
SUMMER 1991
PLEASE NOTE: IT IS POSSIBLE YOU MAY HAVE RECEIVED THIS SURVEY THROUGH ANOTHER SOURCE
DUE TO YOUR INVOLVEMENT WITH MORE THAN ONE ORGANIZATION OR CIVIC GROUP. SHOULD YOU
RECEIVE DUPLICATE SURVEYS PLEASE COMPLETE AND RETURN ONLY ONE. THANK YOU.
A ~' C D E F G H i J K L M N/ O P Q R S T U V W X Y Z
THE FOLLOWING IS A LIST OF COMMON PROBLEMS AND NEEDS A COMMUNITY MIGHT HAVE.
WE ARE INTERESTED IN FINDING OUT WHETHER YOU FEEL THE ROANOKE VALLEY HAS
THESE PROBLEMS AND NEEDS AND IF SO, HOW SERIOUS EACH ONE IS. PLEASE TAKE A
FEW MINUTES TO TELL US WHAT YOU THINK. YOUR OPINION IS IMPORTANT. WHEN
COMPILED ALONG WITH THE OPINION OF MANY OTHERS IN THE VALLEY, WE WILL GET AN
IDEA OF THE PROBLEM AND NEED AREAS TO WORK ON.
INSTRUCTIONS:
FOR EACH PROBLEM OR NEED LISTED PLEASE TELL US HOW SERIOUS YOU
THINK IT IS IN THE ROANOKE VALLEY. IF YOU FEELTHE PROBLEM OR NEED IS:
VERY SERIOUS ~'S,,.~ CIRCLE 1 IN THAT LINE
SERIOUS SS CIRCLE 2 IN THAT LINE
NOT SERIOUS I~D~K~ CIRCLE 3 IN THAT LINE
IF YOU DON'T KNOW CIRCLE 4 IN THAT LINE
PLEASE NOTE THAT WE HAVE ARRANGED THE LIST OF PROBLEMS AND NEEDS
IN FOUR DIFFERENT CATEGORIES. THE SAME PROBLEM OR NEED MAY
APPEAR IN MORE THAN ONE CATEGORY.
CHILDREN
&
YOUTH
HOW SERIOUS
PROBLEM/NEED VS SE NS
1. Youth suicide
2. Child abuse and neglect
3. Lack of child care providers/facilities
4. Lack of emergency shelters for children/youth
5. Teenage pregnancy
6. Lack of supervised/structured recreation programs
7. Alcohol abuse
8. Drug abuse
9. Lack of youth employment opportunities
10. Lack of services for the physically handicapped
DK
1 2 3 4
1 2 3 4
I 2 3 4
1 2 3 4
1 2 3 4
1 2 3 4
1 2 3 4
1 2 3 4
1 2 3 4
1 2 3 4
HOW SERIOUS
C,~, EGORY PROBLEM/NEED VS SE NS DK
CHILDREN
&
YOUTH
continued
11. Lack of services for the mentally retarded 1 2 3 4
12. Lack of services for the emotionally disturbed 1 2 3 4
13. Juvenile crime 1 2 3 4
14. Lack of preventive/comprehensive health care 1 2 3 4
15. Lack of after-school and/or summer programs 1 2 3 4
16. Lack of family-focused treatment for children 1 2 3 4
17. Need for comprehensive school-based health services 1 2 3 4
18. Poor physical fitness and nutrition 1 2 3 4
19. Transportation to/from child care services 1 2 3 4
20. Need for affordable child care services for working 1 2 3 4
parents
ADULTS
1. Alcohol abuse 1 2 3 4
2. Drug abuse 1 2 3 4
3. Need for family planning services I 2 3 4
4. Need for rape counseling/education services 1 2 3 4
5. Need for emergency shelters for abused women 1 2 3 4
6. Need for career counseling or retraining 1 2 3 4
7, Unemployment 1 2 3 4
8. Lack of recreation programs/services 1 2 3 4
9. Family violence 1 2 3 4
10. Need for family counseling services 1 2 3 4
11. Need for services for the mentally retarded 1 2 3 4
12. Need for services for the physically handicapped 1 2 3 4
13. Need for services for the mentally ill 1 2 3 4
14. Illiteracy 1 2 3 4
15. Poor physical fitness and nutrition 1 2 3 4
16. Need for parenting education programs 1 2 3 4
17. Need for financial counseling services 1 2 3 4
-2-
HOW SERIOUS
'C.~,TEGORY PROBLEM/NEED VS SE NS DK
ELDERLY 1. Lack of day care services 1 2 3 4
2. Need for more in-home meals delivery 1 2 3 4
3, Lack of affordable [n-home medical care services 1 2 3 4
4. Need for more in-home personal care services 1 2 3 4
5. Need for subsidized home maintenance 1 2 3 4
6. Lack of legal aid services 1 2 3 4
7, Need for congregate living facilities 1 2 3 4
8. Need for respite services for care givers 1 2 3 4
9. Lack of transportation services for frail elderly 1 2 3 4
10. Lack of resources for medications for Medicaid ineligible 1 2 3 4
11. Need for mental health services for home-bound elderly 1 2 3 4
12. Abuse of the elderly 1 2 3 4
13. Need for additional services to protect the elderly from 1 2 3 4
neglect/abuse
14. Need for temporary emergency shelters for abused 1 2 3 4
elderly
15. Need for personal care to help the elderly maintain their 1 2 3 4
independence (e.g., shopping, etc.)
16. Lack of recreational/leisure time activities 1 2 3 4
COMMUNITY
CONCERNS
1. Lack of affordable housing 1 2 3 4
2. inadequate public transportation 1 2 3 4
3. Lack of special needs transportation (e.g., poor, handi- 1 2 3 4
capped)
4. Need for centralized information and referral for human 1 2 3 4
services
5. Lack of emergency financial assistance 1 2 3 4
6. Lack of emergency assistance - food 1 2 3 4
7. Lack of emergency assistance - clothing 1 2 3 4
8. Lack of emergency health care 1 2 3 4
9. Need for centralized volunteer recruitment/development 1 2 3 4
10. Need for increased crime prevention 1 2 3 4
11. Need for community-wide planning 1 2 3 4
12. Lack of emergency community mental health 1 2 3 4
-3-
CATEGORY HOW SERIOUS
PROBLEM/NEED VS SE NS DK
COMMUNITY 13. Lack of AIDS education and/or prevent[on programs1 2 3 4
CONCERNS 14. Pollution (water, air, waste) 1 2 3 4
15. Poverb/ 1 2 3 4
16. Lack of affordable legal services 1 2 3 4
17. Lack of affordable medical care 1 2 3 4
18. Racial/ethnic discrimination 1 2 3 4
19. Substandard housing 1 2 3 4
20. Shortage of recreational facilities/programs 1 2 3 4
21. Homelessness 1 2 3 4
22. Lack of community awareness of available resources1 2 3 4
23. Need for recycling facilities 1 2 3 4
24. Need for coordination of human services 1 2 3 4
25. Crime 1 2 3 4
26. Lack of affordable dental care 1 2 3 4
WE NOW ASKYOU TO ANSWER THE FOLLOWING QUESTIONS TO GIVE US SOME GENERAL
INFORMATION ABOUT THE PEOPLE WHO ARE COMPLETING THE SURVEY FORM. PLEASE
DO NOT, HOWEVER, PUT YOUR NAME ON THE SURVEY IN ORDER TO PROTECT YOUR
iNDIVIDUAL IDENTITY.
1. CIRCLE THE NUMBER BESIDE THE WORD WHICH DESCRIBES YOUR RACE OR ETHNIC
GROUP:
1. White
2. Black
3. Hispanic/Spanish
2. CIRCLE THE NUMBER BESIDE YOUR AGE GROUP:
1. 18oryounger 3, 35-54 5.
2. 19-34 4. 55-64
3. CIRCLE THE NUMBER BESIDE YOUR GENDER:
1. Male 2. Female
4. Asian/Pacific Islander
5. Other
(Please specify)
65 and over
-4-
C,")UNCIL OF COMMUNITY SERVICES
COMMUNITY NEEDS SURVEY
SUMMER 1991
THE FOLLOWING IS A LIST OF CONCERNS AND PROBLEMS THAT ARE FACED BY
MANY PEOPLE IN OUR COMMUNITY. PLEASE GO OVER THE LIST AND TELL US
IF EACH ONE HAS BEEN:
NOT A PROBLEM
A ~ PROBLEM
OR A MAJOR PROBLEM
FOR YOU OR ANY OTHERS LIVING IN YOUR HOUSEHOLD DURING THE PAST 12
MONTHS. IF YOU D_.Q_N_.~ PLEASE CIRCLE THAT ANSWER.
PROBLEM
1. Unable to afford child day care
2. Unable to find child day care
3. Unable to find after-school care
4. Children/teens having behavior/emotional
problems
5. Physical abuse or fighting
6. Experiencing anxiety, stress or depression
7. Experiencing an alcohol abuse problem
8. Experiencing a drug abuse problem
9. Unable to find work
10. Unable to read
11. Unable to get transportation for handicapped
person
12. Unable to get adult care for an elderly person
13. Unable to get home health care for an elderly
person
14. Not having enough money to buy prescrip-
tion medicine
15. Unable to afford medical insurance
16. Unable to pay water, gas or electric bill
CIRCLE ONE ANSWER FOR
EACH PROBLEM LISTED
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Don't Know
Don~ Know
Don~ Know
Don~Know
Don~Know
Don't Know
Don't Know
Don~Know
Don't Know
Don~Know
Don'tKnow
Not Minor Major
Not Minor Major
Don't Know
Don't Know
Not Minor Major
Don't Know
Not Minor Major
Not Minor Major
Don't Know
Don't Know
CIRCLE ONE ANSWER FOR
PROBLEM EACH PROBLEM LISTED
17. Unable to afford dental care
18. Unable to pay for rent or mortgage
19. Not enough money to buy food
20. Not enough room for everyone living in your home
21. Living in a house/apartment needing a lot of
repairs
22. Not enough money to buy clothing/shoes
23. Not knowing what resources are available in the
COrTimunity
24. Being afraid in my neighborhood
25. Unable to get landlord to make needed repairs
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Not Minor Major
Don't Know
Don't Know
Don't Know
Don't Know
Don't Know
Don't Know
Don't Know
Don't Know
Don't Know
THANK YOU FOR YOUR HELP IN COMPLETING THIS FORM. YOUR
EFFORT IS GRF__,ATLY APPRECIATED,
IN THE EVENT YOU NEED HELP FROM THE EXISTING HUMAN SERV-
ICES IN OUR COMMUNITY, PLEASE CONSULT YOUR TELEPHONE
DIRECTORY UNDER COMMUNITY SERVICE NUMBERS OR CALL THE
INFORMATION & REFERRAL CENTER AT 982-2345.
IF YOU HAVE QUESTIONS ABOUT THIS SURVEY PLEASE CONTACT
THE COUNCIL OF COMMUNITY SERVICES AT 985-0131.
The Council of Community Services is a United Way Partner Agency.
A B C I~' E F G H J, J K L M N O P Q R S T U V W X Y Z
-2-
WE NOW ASK YOU TO ANSWER THE FOLLOWING QUESTIONS TO GIVE US SOME
GENERAL INFORMATION ABOUT THE PEOPLE WHO ARE COMPLETING THE SURVEY
FORM. PLEASE DO NOT, HOWEVER, PUT YOUR NAME ON THE SURVEY IN ORDER TO
PROTECT YOUR INDIVIDUAL IDENTITY.
WHAT IS THE POSTAL ZIP CODE OF YOUR HOME ADDRESS?
CIRCLE THE NUMBER BESIDE THE STATEMENT WHICH DESCRIBES YOUR LIVING
SITUATION/HOUSEHOLD:
1) Two or more adults without children
2) Two or more adults with at least one child under age 18
3) One adult with at least one child under age 18
4) One adult living alone
5) Other (please specify)
CIRCLE THE NUMBER BESIDE THE WORD WHICH DESCRIBES YOUR RACE OR ETHNIC
GROUP:
1) White 4) Asian/Pacificlslander
2) Black 5) Other
3) Hispanic/Spanish (please specify)
4. CIRCLE THE NUMBER BESIDE YOUR AGE GROUP:
1) 18 or younger 3. 35 - 54
2) 19-34 4. 55-64
5. CIRCLE THE NUMBER BESIDE YOUR GENDER:
5. 65 and over
1. Male 2. Female
CIRCLE THE NUMBER BESIDE THE INCOME RANGE WHICH DESCRIBES THE TOTAL
AMOUNT OF INCOME (INCLUDING SOCIAL SECURITY, SSI, ADC, RETIREMENT) RECEIVED
LAST YEAR BY ALL THOSE LIVING IN YOUR HOUSEHOLD:
1. Less than $5,000
2. $5,000-$9,999
3. $10,000 - $14,999
4. $15,000 - $19,999
5. $20,000 - $24,999
6. $25,000 - and over
-3-
MARY F. PARI~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #137
SANDRA H. F-AKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Mr. David A. Bowers, Chairman
Legislative Committee
Roanoke, Virginia
Gentlemen:
I am attaching copy of communications from Mr. Martin O. Skelley and Mr. Bruce H.
DeWoolfson with regard to the new beverage container deposit bill which will be
submitted to the General Assembly by Senator Joseph Gartlan in January, 1992,
which communications were before the Council of the City of Roanoke at a regular
meeting held on Monday, October 21, 1991.
On motion, duly seconded and adopted, the matter was referred to you for study and
report to Council.
Sincerely, ~' ~.~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
pc:
Mr. Martin O. Skelley, c/o The River Foundation, 101 South Jefferson Street,
Sixth Floor, Roanoke, Virginia 24011
Mr. Bruce H. DeWoolfson, Chairman and CEO, Environmental Products
Corporation, 11240 Maple Hill Road, Fairfax, Virginia 22033
Mr. Shaun P. Carroll, 1326 Maple Avenue, S. W., Roanoke, Virginia 24016
Liberty Trus.t,,Bg.Uding, 101 South Jefferson Street
R~'~e~kginia 24011 703/342-4650
CITYC:~ ~'
16 P3:01
October 16, 1991
Maryeth Parker
City Clerk
Roanoke City
Hand Deliver
Dear MS. Parker;
I would like to request to speak at the next City Council meeting on October
21, 1991. The topic will be a new "Bottle Bill" to be submitted by Senator
Joseph Gartlan in January. I would like to propose that the Fifth Planning
District study the impact of this proposed bill.
During this or whenever convienient, I would like to give copies of our literature
to the coucil members. If there are any stipulations or limitations on how many
copies I may submit, please let me know.
Sincerely,
Shaun P. Carroll
October 3, 1991
Dear Representative of the People,
For more than ten years, bottle bills have been proposed and
rejected in our General Assembly. This year, Senator Joseph
Gartlan will submit a new beverage container deposit bill. It is
important that our representatives have a comprehensive knowledge
of the effects of its passage or failure. This knowledge needs
to be developed by an unbiased group. Our Fifth Planning
District is both capable and worthy of this task.
The primary attraction of the new deposit bill is raising
revenues without raising taxes. Funds for localities are
generated from the pool of money that results from unclaimed
deposits. Whenever a container is lost from the recycling loop,
either to the landfill, to the bottom of a lake or river, or
elsewhere, a dime will be credited to our locality. Based on
redemption rates of 65 to 80 per cent, Roanoke City alone could
expect a five year revenue of over $2,000,000. (From a letter to
Bob Herbert from the CEO of Envipco, 7/21/91)
These revenues are, in essence, a penalty for irresponsible
disposal, and a reward for creating a recycling incentive.
There are also the obvious benefits of a decrease in litter.
People have a disincentive to litter and an incentive to pick up
beverage container litter.
The beverage container bill will be fought by many different
interest groups. I do not doubt the validity of their arguments
nor do I necessarily believe the bill could not be improved upon.
However, the bill, in passage or defeat, will have an impact
on our area and deserves the quality of study that only a
planning commission can deliver.
Sincerely,
Martin O. Skelly
ENVIPCO
'ironmental . roa ucts
June 21, 1991 ~ 2 8 91
Mr. W. Robert Herbert
City. Manager
Roanoke City
215 Church Avenue, S.W.
Roanoke, VA 24011
Dear Mr. Herbert
Senator Joseph Gartlan will submit a "new style" beverage
container deposit bill in Richmond this coming January. His bill is
similar to ones being considered in Ohio and Florida. The basic
structure of the new bill was developed by government oversight
committees, industry representatives and environmental groups across
the U.S. As a private business with ten years of beverage container
redemption experience we believe this to be the most comprehensive,
effective and efficient deposit program we have seen. As fellow
Virginians we strongly recommend its passage and implementation.
The Virginia version entitled the Virginia Beverage Container
Recycling Act has features that are especially important to local
governments both rural and urban. The purpose of these features is,
first, to reduce the amount of solid waste that local governments
have got to manage. Second, to provide grants to local governments
for their various recycling program needs. Importantly the proposed
Act being self funding does this without increasing taxes. Those
consumers who litter our roads and parks or just do not care enough
to recycle their containers pay for the system by foregoing the
return of ~heir deposits.
Under the proposed Act, using estimated recycling rates of 65 to
80 percent over the five year startup period, Roanoke City
would receive the following amounts:
Year #1 659,859
Year #2 516,081
Year #3 372,303
Year #4 300,414
Year #5 228,525
Total 2,077,181
Additionally the proposed Act benefits existing recycling activities
such as drop-off and curbside programs. Today for instance these
programs get about 1 cent scrap value for each 2 liter plastic
bottle they collect. Under the proposed Act these programs would
get both the scrap value and deposit amount. This would be 11 cents
instead of 1 cent for the plastic bottle.
Opponents of the proposed Act carefully obfuscate these facts.
We propose you examine them as did officials in Cincinnati. The
Cincinnati Public Works Department found that combining its curbside
program with a deposit program would increase the amount of material
diverted from the landfill by 60% (because deposit systems are very
effective) while simultaneously reducing the cost of recycling by
25%. Other studies have found similar results applying to a wide
variety of communities.
This Act is the kind of innovative and productive public policy
at the state level that will help in your management of local
government services. We suggest you consider asking your
Delegate(s) and Senator(s) to support and vote for this
legislation. The solid waste problem has reached the crisis level
in Virginia and this Act is an important step in the direction of a
comprehensive solid waste management solution.
BHD/pj
Sincerely,
ENVIRONMENT~tL PRODUCTS CORPORATION
Bruce H. DeWoolfson
Chairman and CEO
.MARY F. pARKER
City Clerk
CITY OF ROANOKE.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vh'gLnia 24011
Telephone: (703)981-2541
October 23, 1991
File #60-468B-27
SANDRA H. EAKIN
Deputy City Clerk
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 30752-102191 amending and reordaining certain
sections of the 1991-92 Internai Service Fund Appropriations, providing for
appropriation of $17,600.00 from Internal Service Fund - Retained Earnings, to
Utility Line Services Capitai accounts, in order to purchase certain equipment to be
used for maintenance and construction activities with regard to water and sewer
lines. Ordinance No. 30752-102191 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, October 21, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eric.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st Day of October, 1991.
No. 30752-102191.
AN ORDINANCE
the 1991-92 Internal
for an emergency.
to amend and reordain certain sections of
Service Fund Appropriations, and providing
WHEREAS,
Government of the
exist.
THEREFORE, BE
Roanoke that certain
Fund Appropriations,
reordained to read as follows,
for the usual daily operation of the Municipal
city of Roanoke, an emergency is declared to
IT ORDAINED by the Council of the City of
sections of the 1991-92 Internal Service
be, and the same are hereby, amended and
in part:
AnDroDriations
Utility Line Services
Capital Outlay (1) .................................
$2,755,317
224,543
Retained Earnings
Retained Earnings - Unrestricted (2) ...............
1) Other Equipment
2) Retained Earnings
- Unrestricted
(006-056-2625-9015)
(006-3336)
$ 17,600
(17,600)
$2,767,881
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
16 A8:54
~onorable Ha¥or aud Clt¥ Councll
~oanoke, ¥1rginla
Roanoke, Virginia
October 21, 1991
Dear Members of Council:
Subject:
Authorization to appropriate funds from Internal
Service Fund retained earnings to Utility Line
Services capital accounts.
I. Background:
Ao
Funds for capital equipment purchases and replacement
were not budgeted for FY 91/92. Retained earnings from
prior years are available for appropriation to the
current budget.
Regulations mandated by the State of Virginia and O.S.H.A.
require the use of certain equipment to safely perform
maintenance and construction activities on water and sewer
lines.
Equipment to efficiently and safely provide water and
sewer service needs to be purchased, replaced and upgraded
on an annual basis. No equipment purchases will require
Council approval to accept bids because bids are expected
to be less than $15,O00.00.
Il. Current Situation:
A. Equipment item needs are:
Approximate Cost
2 Gas Tech Instruments (R & A) $3,800.00
2 Pipe Locators (R) 4,400.00
1 Word Processing Unit (R) 3,200.00
1 Hole Hog Pipe Bore (A)
Service Installation
5,200.00
1 Word Processing Printer (R) 1,000.00
TOTAL $17,600.00
Notation: A Addition
R Replacement
B. Council approval is necessary to appropriate funds to
purchase equipment.
Page 2
III.
IV.
Issues in order of consideration are:
A. Need
B. Funding
C. Safety/Efficiency
D. Competitive Bidding
Alternatives:
A.
City Council authorize the appropriation of $17,600.00
from Internal Service Fund retained earnings to Utility
Line Services Capital Account #006-056-2625-9015.
1. Need to purchase/replace equipment as requested will
be met.
Funding in Internal Service Fund previous years'
retained earnings has been identified.
Safety/Efficiency concerns will be addressed. Items
purchased (<$15,000.00) will not require further
action by Council.
4. Competitive biddin8 will be utilized.
City Council not authorize
$17,600.00 to Utility Line
#006-056-2625-9015.
the appropriation of
Services Capital Account
1. Need to purchase equipment will be delayed.
2. Funding will not be utilized.
3. Safety/Efficiency concerns will not be addressed.
4. Competitive bidding is a moot issue.
Page 3
Recommendation:
City Council authorize appropriation of $17,600.00 to Utility
Line Services Capital Account #006-056-2625-9015 in accordance
with Alternative "A".
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:KBK:JHP:dpe
CC:
Director of Finance
City Manager
ULS Manager
MARY F, PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #501-169
,Y~,NDRA H. EM/IN
Deputy City Clerk
Ms. Patty L. Blevins
Operations Manager
Blue Cross Blue Shield of Virginia
P. O. Box 13047
Roanoke, Virginia 24045
Dear Ms. Blevins:
I am enclosing four copies of Resolution No. 30753-102191 authorizing a revocable
permit to Blue Cross Blue Shield of Virginia for the attachment or installation of
certain holiday decorations to certain City-owned trees in Key Plaza, from November
11, 1991, through January 15, 1992, upon certain terms and conditions. Resolution
No. 30753-102191 was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, October 21, 1991, and shall be in full force and effect at
such time as a copy has been duly signed, sealed, attested and acknowledged by the
Permittee, together with an appropriate certificate of insurance to be filed in the
Office of the City Clerk.
Please sign and return three copies of Resolution No. 30753-102191, along with your
certificate of insurance, to the City Clerk's Office, Room 456, Municipal Building,
Roanoke, Virginia 24011
Sincerely, ~.z~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director of Public Works
Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Ms. Sandra H. Eakin, Deputy City Clerk
IN THE COUNCIL OF THE CI?Y OF ROANOEE,
The 21st Day of October, 1991.
No. 30753-102191.
VIRGINIA,
A RESOLUTION authorizing a revocable permit to Blue Cross Blue
Shield of Virginia for the attachment or installation of certain
holiday decorations to certain City-owned trees in Key Plaza, upon
certain terms and conditions.
WHEREAS, Blue Cross Blue Shield of Virginia (hereinafter
"Permittee") has requested that City Council authorize Permittee to
attach or install certain holiday decorations on certain City-owned
trees in Key Plaza; and
WHEREAS, Council is desirous of granting the request of
Permittee pursuant to certain terms and conditions.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Permission is hereby granted to Permittee to attach,
install and maintain certain holiday decorations in or on City-
owned trees in Key Plaza adjacent to Permittee's property, pursuant
to the following terms and conditions:
(a)
(b)
Such permit shall be revocable and shall
be effective, upon Permittee's compliance
with Paragraph 2 hereof, from November
11, 1991 through January 15, 1992;
Permittee shall indemnify, keep and hold
the City free and harmless from liability
on account of injury or damage to any
person or property, including City
property; growing out of or directly or
indirectly resulting from the permission
herein granted;
(c)
(d)
(e)
(f)
Permittee shall provide the Director of
Public Works with a certificate of
insurance naming the City of Roanoke as
an additional insured, providing general
public liability occurrence type
insurance in the amount of at least
$1,000,000 per occurrence;
Permittee shall not install or attach any
object to any City-owned tree or shrub
other than those covered by this permit;
The City shall incur no cost as a result
of the granting of this permit; and
Permittee shall give notice to the City's
Director of Public Works prior to entry
on City property for installation and
maintenance of such holiday decorations.
2. This permit shall be in full force and effect at such
time as a copy of this Resolution, duly signed, sealed, attested
and acknowledged by Permittee, together with the appropriate
certificate of insurance have been filed in the Office of the City
Clerk.
ATTEST:
City Clerk.
ACCEPTED and EXECUTED by the undersigned this __
., 1991.
ATTEST:
day of
BLUE CROSS BLUE SHIELD OF VIRGINIA
(title)
- 2 -
Roanoke, Virginia
21, 19 1
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Taylor and Council Members:
SUBJECT: Blue Cross Blue Shield of Virginia
Permit Request
I. BackKround:
City Council annually grants permit requests for the
installation of holiday decorations on City-owned light
standards and other facilities, including trees located in
the downtown business district.
II. Current Situation:
Ao
Blue Cross Blue Shield of Vir~inis has requested permission
to decorate the Linden trees in Key Plaza from November 11,
1991 through January 15, 1992.
III. Issues:
A. Authority for Approval.
B. Permit Requirements.
IV. Alternatives:
City Council grant Blue Cross Blue Shield of Virginia a
revocable permit to decorate the Linden trees in Key Plaza
for the period November 11, 1991 through January 15, 1992.
Authority for approval or denial is solely City
Council's.
2. Permit requirements are as follows:
Blue Cross Blue of Shield of Virginia obtain
individual or company to install and remove
decorations.
Cost of installing and removing decorations will
be the responsibility of Blue Cross Blue Shield of
Virginia.
Mayor Taylor and Council Members
Page 2
Indemnification - Blue Cross Blue Shield of
Virginia must agree to provide liability
insurance, naming the City as an additional
insured, providing general public liability
insurance in the amount of at least $1 million per
occurrence; and to indemnify, keep, and hold the
City harmless from liability on account of
injuries or damages directly or indirectly
resulting from the permission herein granted.
City Council deny the request of Blue Cross Blue Shield of
Virginia .
Authority for approval or denial is solely City
Council's.
2. Permit requirements would not be an issue.
V. Recommendation is that City Council approve Alternative "A", and
Adopt appropriate measure, as prepared by the City Attorney,
granting a revocable permit to Blue Cross Blue Shield of
Virginia to decorate the Linden trees in Key Plaza.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:WFC:pr
CC:
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. William F. Clark, Director of Public Works
Mr. George C. Snead, Director of Administration and Public Safety
Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms
" HCtl'q ~ LTON PIqGE . 882.
~ COMPANIES AF~OROING COVERAGE
~ ' ,
EXCE~S ~lAelgtTV j ~69493733 ~ ~/01/91 1/01/92
I ...................... .~u~o.~ )L ..~,~....,.:..: 4
~ AUTM~D
MARY F. PARKER
Cit'j Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. V'wginia 24011
Telephone: (703)981-2541
October 23, 1991
File #20
SANDRA H. EAKIN
Deputy City Clerk
Mr. B. C. Blount
Branch Manager
Devoe Paint
701 Fourth Street, S. E.
Roanoke, Virginia 24013
Dear Mr. Blount:
I am enclosing copy of Resolution No. 30754-102191 accepting the bid of Devoe Paint
to supply 5,250 gallons of traffic paint, for the total amount of $30,817.50.
Resolution No. 30754-102191 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 21, 1991.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
EHC.
MARY F. PARKER
City Clerk
CITY OF ROANOKF.
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981.2541
October 23, 1991
File #20
SANDI~,A H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 30754-102191 accepting the bid of Devoe Paint
to supply 5,250 gallons of traffic paint, for the total amount of $30,817.50.
Resolution No. 30754-102191 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 21, 1991.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
Mr. William F. Clark, Director of Public Works
Mr. William L. Stuart, Manager, Street Maintenance
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. D. Darwin Roupe, Manager, General Services
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 45~
Roanoke, Virginia 24011
Telephone: (705)981-2541
October 23, 1991
File #20
SANDRA H. EAKIN
Deputy Cit~ Clerk
Mr. B. L. Munsey
President
Metro Paint Supply, Inc.
3719 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
Dear Mr. Munsey:
I am enclosing copy of Resolution No. 30754-102191 accepting the bid of Devoe Paint
to supply 5,250 gailons of traffic paint, for the total amount of $30,817.50.
Resolution No. 30754-102191 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 21, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed traffic paint.
Sincerely, ~
Mary F, Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
MARY F. PARKER
City Clerk
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #20
SANDRA H. F. AKIN
Deputy City Clerk
Ms. Leticia Norman
Contractor Sales
Moore's
1830 West Main Street
Salem, Virginia 24153
Dear Ms. Norman:
I am enclosing copy of Resolution No. 30754-102191 accepting the bid of Devoe Paint
to supply 5,250 gallons of traffic paint, for the total amount of $30,817.50.
Resolution No. 30754-102191 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 21, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed traffic paint.
Sincerely,
Mary F~ Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
MARY F. PARI/W~
City Clerk
CITY OF ROANOKI .
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-254!
October 23, 1991
File #20
SANDRA H. EAKIN
Deputy City Clerk
Mr. Charles H. Sudduth
President
Technical Coatings
P. O. Box 1142
Alpharetta, Georgia 30239-1142
Dear Mr. Sudduth:
I am enclosing copy of Resolution No. 30754-102191 accepting the bid of Devoe Paint
to supply 5,250 gallons of traffic paint, for the total amount of $30,817.50.
Resolution No. 30754-102191 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 21, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedeseribed traffic paint.
Sincerely, ~~
Mary F, Parker, CMC/AAE
City Clerk
MFP: ra
Eric o
MARY F. PARKER
Cit~ Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vkginla 24011
Telephone: (703)981-2541
October 23, 1991
File #20
SANDRA H. EAKIN
Deputy City Clerk
Ms. Cynthia M. Beck
Assistant Secretary
Linear Dynamics, Inc.
400 Lanidex Plaza
Paraippany, New Jersey 07054
Dear Ms. Beck:
I am enclosing copy of Resolution No. 30754-102191 accepting the bid of Devoe Paint
to supply 5,250 gallons of traffic paint, for the total amount of $30,817.50.
Resolution No. 30754-102191 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, October 21, 1991.
On behalf of the Mayor and Members of City Council, I would like to express
appreciation for submitting your bid on the abovedescribed traffic paint.
Sincerely,
Mary F~ Parker, CMC/AAE
City Clerk
MFP: ra
gnc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
/he 21st Day of October, 1991.
No. 30754-102191.
A RESOLUTION accepting the bid of Devoe Paint made to the City
for furnishing and delivering traffic paint; and rejecting all
other bids made to the City.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bid of Devoe Paint, made to the City, offering to
supply 5,250 gallons of traffic paint meeting all of the City's
specifications and requirements therefor, for the total bid price
of $30,817.50, which bid is on file in the Office of the City Clerk
is hereby ACCEPTED.
2. The City's Manager of General Services is hereby
authorized and directed to issue the requisite purchase order
therefor, incorporating into said order the City's specifications,
the terms of said bidder's proposal and the terms and provisions of
this resolution.
3. Any and all other bids made to the City for the aforesaid
procurement are hereby REJECTED, and the City Clerk is directed to
notify each such bidder and to express to each the City's
appreciation for such bid.
ATTEST:
City Clerk.
'91 OgI 17 P3:07
Roanoke, Virginia
October 21, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of City Council:
SUBJECT: BIDS TO PURCHASE TRAFFIC PAINT,
BID NUMBER 91-9-8
I. BACKGROUND
A. Traffic Paint is necessary to properly mark city streets.
Bid Requests were specifically sent to eight (8) vendors currently
listed on the City's bid list. A public advertisement was also
published in the Roanoke Times and World News.
Bids were received, publicly opened and read, after due and proper
advertisement, in the Office of the Manager of General Services,
at 2:00 p.m., on Wednesday, September 18, 1991.
II. CURRENT SITUATION
A. Five (5) bid responses were received. Bid tabulation is attached.
B. Ail bids received were evaluated in a consistent manner by repre-
sentatives of Street Maintenance and General Services departments.
III. ISSUES
A. Need
B. Compliance with Specifications
C. Fund Availability
IV.
ALTERNATIVES
A.
Council accept the lowest responsible bid to supply 5,250 gallons
of traffic paint, as submitted by Devoe Paint for the total
amount of $30,817.50.
Honorable Mayor and City Council
Page 2
IV. ALTERNATIVES - Continued
1. Need - traffic paint is necessary to continue the City's
annual street marking program.
2. Compliance with Specifications - the low bid submitted by
Devoe Paint meets all required specifications.
Fund Availability - funds are available in Street Maintenance
FY 91-92 budget account 001-052-4110-3005 to provide for this
purchase.
B. Reject all bids.
1. Need - the City's annual street marking program could not be
continued.
2. Compliance with Specifications - would not be a factor in
this alternative.
3. Fund Availability - budgeted funds would not be expended.
V. RECOMMENDATION
Council concur with Alternative "A" - accept the lowest responsible
bid as submitted by Devoe Paint for 5,250 sallons of traffic paint,
for the total cost of $30,817.50.
B. Reject all other bids.
Respectfully submitted,
WFC:WLS:DDR:rla
pc: City Attorney
Director of Finance
Chairman:
~illiam F. Clark
WilliXam-L. St~art~ z~
MARY F. pA]~EER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #514
SANDRA H. F-.4I(IN
Deputy City Clerk
The Honorable A. Dale Hendrick
Clerk of the Circuit Court
Roanoke, Virginia
Dear Mr. Hendrick:
I am attaching copy of Ordinance No. 30725-102191, for proper recordation in your
office, which provides for the permanent vacating, discontinuing and closing of a
certain ten foot alley, more or less, commencing from Williamson Road and terminating
at the property of Lady Bird Apparel, Inc., which abuts the Roy L. Webber
Expressway located in Sections 3 and 4, Map of Jefferson Land Company. Ordinance
No. 30725-102191 was adopted by the Council of the City of Roanoke on first reading
on Monday, October 14, 1991, also adopted by the Council on second reading on
Monday, October 21, 1991, and will take effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Enc.
pc: Mr. Richard R. Sayers, Attorney, P. O. Box 404, Roanoke, Virginia 24003
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke. Virginia 24011
Telephone: (703)981.2541
October 23, 1991
File #514
SANDRA H. F. A1/IN
Deputy City Clerk
Mr. Richard R. Sayers
Attorney
P. O. Box 404
Roanoke, Virginia 24003
Dear Mr. Sayers:
I am enclosing copy of Ordinance No. 30725-102191 permanently vacating,
discontinuing and closing a certain ten foot alley, more or less, commencing from
Williamson Road and terminating at the property of Lady Bird Apparel, Inc., which
abuts the Roy L. Webber Expressway located in Sections 3 and 4, Map of Jefferson
Land Company. Ordinance No. 30725-102191 was adopted by the Council of the City
of Roanoke on first reading on Monday, October 14, 1991, also adopted by the
Council on second reading on Monday, October 21, 1991, and will take effect ten
days following the date of its second reading.
Sincerely, ~O--~__
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. MAiler, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Reai Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 21st Day of October, 1991.
No. 30725-102191.
AN ORDINANCE permanently vacating, discontinuing and closing
certain public right-of-way in the City of Roanoke, Virginia, as is
more particularly described hereinafter.
WHEREAS, Lady Bird Apparel, Inc., filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close
the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S30-14, Code of the
City of Roanoke (1979), as amended, and after having conducted a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held on said application by the
City Council on October 14, 1991, after due and timely notice
thereof as required by S30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
A 10' wide alley running from Williamson Road and
terminating on the property of Lady Bird Apparel,
Inc., as it abuts the Roy L. Webber Expressway,
located in Sections 3 and 4, Map of Jefferson Land
Company, in the City of Roanoke, Virginia.
be, and it hereby is, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public right-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertake; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's providing to the City
an approved subdivision plat, combining all properties that would
be landlocked by the closure of the above-described portion of the
10-foot alley running from Williamson Road and terminating on said
applicant's property as it abuts the Roy L. Webber Expressway,
providing for all necessary easements for utilities, both public
and private, and properly dividing the vacated rights-of-way, and
in the event these conditions have not been met and the said plat
has not been recorded in the Office of the Clerk of Circuit Court
within one (1) year from the effective date of this ordinance, this
ordinance shall become null and void with no further action by City
Council being necessary.
BE IT FURTHER ORDAINED that the.City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page or ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia, as Grantor, and in the name of Lady Bird
Apparel, Inc., and the names of any other parties in interest who
may so request, as Grantees.
ATTEST:
City Clerk.
Ordinance No. 30725, on second reading, ....
COPIES:
Co~munication
Report
Petition
Ordinance
Resolution
Other
COPIES SENT TO:
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981.2541
September 30, 1991
File #514
SANDRA H. EAION
Deputy City Clerk
Mr. Richard R. Sayers
Attorney
P. O. Box 404
Roanoke, Virginia 24003
Dear Mr. Sayers:
I am enclosing copy of a report of the City Planning Commission recommending that
the Council of the City of Roanoke grant the request of your client, Lady Bird
Apparel, Inc., a Virginia Corporation, that a certain ten foot alley, more or less,
commencing from Williamson Road and terminating at the property of the applicant
which abuts the Roy L. Webber Expressway located in Sections 3 and 4, Map of
Jefferson Land Company, be permanently vacated, discontinued and closed.
Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 6, 1981, a public hearing on the
abovedescribed request has been set for Monday, October 14, 1991, at 7:30 p.m.,
in the City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am enclosing copy of a notice of the public hearing providing
for the closure, which notice was prepared by the City Attorney's Office. Please
review the notice and if you have questions, you may contact Mr. Steven J. Talevi,
Assistant City Attorney, at 981-2431. Questions with regard to the City Planning
Commission report should be directed to Mr. John R. Marlles, Chief of Community
Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
PUBLIC2A
Eric.
Mr. Richard R. Sayers
September 26, 1991
Page 2
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. Wiliiam F. Clark, Director of Public Works
Mr. Kit B. Kise~, Director of Utilities and Operations
Mr. Charles M. Huffine, City Enginner
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
RCANg~E TI~BS & ~CRLD-NE~S
NUMBER 9252400d
PUBLISHER'S FEE - ~105.80
RICHARD R SAYERS
1100 CRES/AR BANK ~LO~
P 0 ~OX 90
ROANOKE VA 24002
FECE VED
CITY='~- -,-= ....
DOT 14 ~1:28
STATE OF VIRGINIA
CITY OF ROANDKE
AFFIDAVIT DF
PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE DF THE TIMES-WORLD
PORATI~N, mHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WCRLD-NEwS, A
DAILY NENSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA~ DC CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
09/27/91 MORNING 6 EVENING
10/04/91 MORNING & EVENING
WITNESS,
THIS 7TH DAY OF DCTO~ER 1991
AUI'HORIZEO S iGNATuKE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, October 14, 1991, at 7:30 p.m., or as soon thereafter
as the matter may be heard, in the Council Chamber in the
Municipal Building, 215 Church Avenue, S. W., on an application
to permanently abandon, vacate, discontinue and close the
following public right-of-way:
A 10' wide alley running from Williamson Road and ter-
minating on the property of Lady Bird Apparel, Inc., as
it abuts the Roy L. Webber Expressway, located in Sec-
tions 3 and 4, Map of Jefferson Land Company, in the
City of Roanoke, Virginia.
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 question.
GIVEN under my hand this 25th
the above date and be heard on
day of September , 1991.
Mary F. Parker, City Clerk
Please publish in full twice, once on Friday, September 27, 1991, and once on
Friday, October 4, 1991, in the Roanoke Times & World News, Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Mr. Richard R. Sayers, Attorney
P. O. Box 404
Roanoke, Virginia 24003
RECE~VE~
· TY CLFpt~ ?::F
'91 93 20 P4:31
Roanoke Ci~/Planning Commission
October 14, 1991
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Lady Bird Apparel, Inc.,
represented by Richard R. Sayers, Attorney,
that a 10-foot alley, more or less, running
from Williamson Road and terminating on the
Property of the applicant as it abuts the Roy
L. Webber Expressway, be permanently vacated,
discontinued and closed.
I. Backqround:
Alley requested for closure is a paper alley located
in the southeast quadrant of the City.
Subject alley extends from its intersection with
Williamson Road in a northwesterly direction
approximately 206' and terminating on the property
of the applicant as it abuts the Roy L. Webber
Expressway.
Subject alley is overgrown with vegetation and is
currently not in use.
Subject alley constitutes the remaining portion of
an alley abandoned by ordinance No. 4236, approved
November 13, 1916.
II. Current Situation:
Application was reviewed by the Planning Commission
at its regular meeting on September 4, 1991.
Applicant desires to use the land within the alley
(if vacated) in his existing business operation.
Room 355 Municipal Building 215 Church Avenue, SW~ Roanoke, Virginia 24011 (703) 981-2344
B. Deny the applicant's request to close subject alley.
Neighborhood impact: There would be no impact
on neighborhood.
2. Traffic lmpact would not be an issue.
Utilities within the public right-of-way would
be unaffected.
4. Land use: Alley would provide no useful access
for the public.
Creation of a dead-end alley would not be an
issue.
Relationship to the Comprehensive Plan: Alley
is not being used for intended purposes, "to
provide a secondary means of access to abutting
properties."
Recommendation:
The Planning Commission, by a vote of 5-0 (Messrs. Price
and Buford absent) recommend to City Council that the
applicant's request to close and vacate the subject alley
be approved, subject to the following conditions:
That the applicant agrees to submit to the City for
review, approval and recordation, a plat of
subdivision providing for the combination of all
lots that would otherwise be left landlocked and the
proper division of the vacated rights-of-way.
That the applicant agree that if the subject
subdivision plat and performance guarantee are not
recorded and provided as stated above within a
period of twelve (12) months from the date of the
ordinance providing for the closure, then said
ordinance shall become null and void without any
further action by City Council being necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
Do
Properties adjacent to alley request for closure are
currently zoned LM, Light Manufacturing.
Ail properties abutting the subject alley are owned
by the applicant.
III. Issues:
A. Neighborhood impact.
B. Traffic impact.
C. Utilities within the right-of-way.
D. Land use.
E. Creation of a dead-end alley.
F. Relationship to comprehensive plan.
IV. Alternatives:
Approve the apDlicant's request to close the subject
alley subject to the conditions outlined in Part V.
Recommendations:
Neiqhborhood impact: Closure would have no
impact on the neighborhood.
Traffic impact: Closure would have no impact on
traffic needs in the area.
3
Utilities within the public riqht-of-wa¥:
There are no utilities located within subject
alley.
4
Land use: Conditions made subject to the staff
recommendation in Part V will provide for
proper transition of title and future use of
the subject alley.
5
Creation of dead-end alley: Closure of
requested alley would not result in a dead-end
alley.
Relationship to the Comprehensive Plan:
Request is consistent with the intent of the
comprehensive plan that available land be
utilized in the most appropriate manner.
Closure will enable applicant to expand his
business operation.
JRM:HPD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Attorney for the Petitioner
JUL
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Cnurch Avenue S w,Room456
Roanoke. V~rgm~a 240~ 1
Tmephone: (703)981-2541
MARYF. PARKER July 19, 1991
C~ty Clerk
File #514
SANDRA H. EAKIN
Deputy C~ty Clerk
Mr. Charles A. Price, Jr.,
City Planning Commission
Roanoke, Virginia
Chairman
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an application
from Mr. Richard R. Sayers, Attorney, representing Lady Bird
Apparel, Inc., requesting that a certain ten foot alley, more or
less, commencing from Williamson Road and terminating at the
property of the applicant which abuts the Roy L. Webber Expressway
located in Sections 3 and 4, Map of Jefferson Land Company, be
permanently vacated, discontinued and closed, subject to certain
conditions proferred by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra -
STREET2
Enc.
pc:
Mr. Richard R. Sayers, Attorney, P. O. Box 404, Roanoke,
Virginia 24003
~M~. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
CITY CLE'~KS
IN THE COUNCIn Oa~THE~ C~I~Yp~OANOKE'~ d~ ~,~'- .. , VIRGINI~
IN RE:
Application of Lady Bird
Apparel, Inc., a Virginia
Corporation, for vacation
of 10 foot alley
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF ALLEY
MEMBERS OF COUNCIL:
Lady Bird Apparel, Inc., by Counsel, applies to have that
certain 10 feet alley, more or less, running from Williamson Road
and terminating on the property of Applicant as it abuts the Roy L.
Webber Expressway located in Sections 3 and 4, Map of Jefferson
Land Company, in the City of Roanoke, Virginia, permanently
vacated, discontinued and closed, pursuant to Virginia Code Section
15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as
amended. This alley is outlined in yellow and more particularly
described on Tax Appraisal Map Sheet No. 403 of the City of Roanoke
and the Survey for Ernest D. Tare, dated June 30, 1971, prepared by
David Dick, Certified Engineer and Surveyor, both of which are
attached, and as follows:
BEING the remaining portion of that certain alley
abandoned by Ordinance No. 4236 approved November 13,
1916 by the Board of Aldermen for the City of Roanoke
together with the additional property deeded to the City
of Roanoke in exchange for the abandoned property all as
more particularly described in Ordinance No. 4236 and
that certain Deed of Exchange dated February 24, 1924,
recorded in the Circuit Court Clerk's Office for the City
of Roanoke in Deed Book 419, page 134, reconveying the
properties exchanged pursuant to said Ordinance, copies
of which are attached hereto.
Lady Bird Apparel, Inc. states that the grounds for this
application are as follows:
Roanoke,
364 and
amended.
1) Lady Bird Apparel, Inc. owns all property adjoining the
alley to be vacated.
2) The alley to be vacated is no longer used as a right-of-
way or for any other purpose beneficial to the public.
WHEREFORE, Lady Bird Apparel, Inc. respectfully requests that
the above-described alley be vacated by the Council of the City of
Virginia, in accordance with Virginia Code Section 15.1-
Section 30-14, Code of the City of Roanoke (1979), as
Respectfully submitted,
LADY BIRD APPAREL, INC.,
a Virginia corporation
By:
ounsel
for Petitioner
LIST OF PROPERTY OWNERS
Lady Bird Apparel, Inc.
1255 Williamson Road, SE
Roanoke, Virginia 24013
Contact: Ernest D. Tare,
Telephone No.: 344-0918
President
3
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J
/5'
~ 1 7.5&8 Ac
~o
Iol
· /
i'~ /
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/
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4 36
At; OPDJN~ E cloeiag a section of the alley betweea
and 3d Sts., S. E. west of Albemarle Avenue and opening an
alley in lieu of the section closed, and directilg the FroFer
conveyances to be made.
~ :. ~II.~".~.~T~'~FS~.~I]T'IlIqT~O at a poi~t o~ t~e ~ebt .ids of Sd
~;~.'::~~~.q~. W. corner of 3d St. a~d lbe~afl~ Ay.
o~ ~ot ~7, Section, 4. al let fforti
~HEREAS, the proFerty ow,ers ilterested are desirous of
haviag closed the west,r, end of the alley which exteadl west
~rom Albemarle Avenue and now enters Sd St. at a polar,
feet from the $. W. corner of Sd St. a.d Albemarle Avl~e~ad,
WHE~EA~, it ia proposed in lieu thereof, to conv~~'' '[~ '
t~ the
city o~ Roanoke aa alleyway beginhi~g ~00'~9 feet.neet'from the
S. W. corner of Albemarle Avenue and Sd St., S. E,
NOW THErEFOrE BE IT ORDAINED by the cOubcil of the city of
Robnoke that that sectioa of the preeeat alley ae shows ob the
official map beginning at a ~olat ~$.14 feet from th~
asr of Sd S~, am~ Albemarle Avenue aad ~ore particularly de,crib-
~ap of Jeffereoa Lead ~omp&by,'Bo&a$~l, Va,
prepared by ~nlap aad Ba~lett,
~5~Sefe~t to ab alley, tkIloe,'li~M laid
~. 4 14' E. a53.83'flet to 'a~iat,
0~4, w. 7.87 feet to & p~iati.[g~e~ee~ e~oe~ag
eaid~lley, ~e~6~ W. 10 feet to 'a
5. 4 14~ w. a5o.7o feet to & poib~,the~o~, with
the aorth property libe of lot 18. ~eetioa 3, of
~1~ ~. 10.$4 feet t$'~)l~T OF
be bxd the same in hereby aba~dOxed.
BE ~T FUP~]E~ OPD~I~ED that t~e strip of la~d described
BEGINNI~IG at a poiat om tke West aide of
street, 8. E. 600.69 feet 8. 14°55~ 28" ~.
from tke 8. W, corner of Albemarle 9. venue amd
3d St., S. E.. tkence, with the lia~ dividin~
lots ~47 and ~48, 8eo%io, 4, Skeet 4, S. E.
of tke Official Map c file in tke City
iota ae set for~k o.%~ ~p of ~e Je
Co'e F' % amd kaown t~ ~ as 417 a~ ~ Seotioa
4, N. '09'3Z" W. 115, eet t%a.,.
~o a poiat, %aemce, 8. 7~ ~4e3~". E. 1
be sad tae same ia aereby directed to ~e opeaed
BE IT FU~T~E~ O~DAI~D t~a~ this ordiaaaee shall ~ot
come effeoti~e except aad uatil a good and ~ffioieat. deed hat
bees ~xecuted cony .ag the last above d~ bed p~perty to
City of anoke.~.or alley purposes, sad t ~k~' exleutioa
suck de,, t~e pr~pe~ oat2 ~ffie~a~ ate k, .oy authd~l~ed t'o
exeout~ a de~d 'eoaveyiag to the pr~pe~ ~artiee the ~etAO~ of
· Psseed C m Co,uneil
Passed Board c
NO 1916"
APPROVED
,idermen
NOV I 0 1916
- PresJdenl;
ATTEST
BF(~i~NN!,~;O mi~'~a~point on the m'eet eide cf Sd .~treet
s'. 14"51' W~'i 858,14 feet
cf lot ~7, ~ectton 4,
CC~F~ny, Pog~oke, ~/lrginla,,
original of '~hich is on file in the nffioe of +'-- City ~n~nee~
under file hUm
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to N. 89u56{ E. 7P.4
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thence ~lt~ the 9outh bcunder¥ ]ine
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with ea n.e,
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feet to the wee~ side of 3d ,qtr~et, thence
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in t~e Cl~7 Eagiaeer'e Office and ~e eame being t~e line div~d-
iag ~ame lot aa ee~ for ~ om ~e Map of t~e Je~fereon Eand Co'~
Pla~ an~ ~nown ~Jereon as ~17 and ~1~ ~o~loa 4, ~. 75e0~'
115;36 feet to ~n alley; t~ence with east eide.of
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P R 0 P 0 E I:)
AI.I'I:'Y
MARY F. PARKER
C,ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S W,Room456
Roanoke, Virginia 24011
Telephone: (703)981-2541
July 19, 1991
File #514
SANORA H. EAKIN
Deputy C~:y Clerk
Mr. Charles A. Price, Jr.,
City Planning Commission
Roanoke, Virginia
Chairman
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City
streets or alleys; fees therefor, of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of an application
from Mr. Richard R. Sayers, Attorney, representing Lady Bird
Apparel, Inc., requesting that a certain ten foot alley, more or
less, commencing from Williamson Road and terminating at the
property of the applicant which abuts the Roy L. Webber Expressway
located in Sections 3 and 4, Map of Jefferson Land Company, be
permanently vacated, discontinued and closed, subject to certain
conditions proferred by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
STREET2
Enc.
pc:
Mr. Richard R. Sayers, Attorney, P. O. Box 404, Roanoke,
Virginia 24003
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
MARY F. p.a. RKER
City Clerk
CITY OF ROANOKI
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, V'wginia 24011
Telephone: (703)981-2541
October 23, 1991
File #51
:ga. NDRA H. EAglN
Deputy City Clerk
Mr. Richard R. Sayere
Attorney
P. O. Box 404
Roanoke, Virginia 24003
Dear Mr. Sayers:
I am enclosing copy of Ordinance No. 30726-102191 rezoning property located at 1255
Williamson Road, S. E., containing 3.132 acres, identified as Officiai Tax Nos.
4030210 - 4030212, inclusive, and 4030222, from LM, Light Manufacturing District,
to C-2, Generai Commercial District, subject to certain conditions proffered by the
petitioner. Ordinance No. 30726-102191 was adopted by the Council of the City of
Roanoke on first reading on Monday, October 14, 1991, also adopted by the Council
on second reading on Monday, October 21, 1991, and will take effect ten days
following the date of its second reading.
Sincerely,
Mary F~ Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
Dominion Bankshares Corporation, P. O. Box 13327, Roanoke, Virginia 24040
Norfolk Southern Corporation, 204 South Jefferson Street, Roanoke, Virginia
24011
Mr. & Mrs. James W. Wickham, 1913 Westchester Road, S. W., Roanoke,
Virginia 24018
Mr. Wayne G. Strickland, Executive Director, Fifth Planning District
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. rvIinnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. Richard R. Sayers
October 23, 1991
Page 2
pc:
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mx'. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent ] Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 21st Day of October, 1991.
No. 30726-102191.
VIRGINIA,
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 403, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City
of Roanoke to have the hereinafter described property rezoned from
LM, Light Manufacturing 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 S36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on October 14, 1991, after due and
timely notice thereof as required by ~36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 403 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
Property located at 1255 Williamson Road, S.E., designated on
Sheet No. 403 of the Sectional 1976 Zone Map, City of Roanoke, as
Official Tax Nos. 4030210, 4030211, 4030212 and 4030222, be, and is
hereby rezoned from LM, Light Manufacturing District, to C-2,
General Co~unercial District, subject to those conditions proffered
by and set forth in the Third Amended Petition, filed in the Office
of the City Clerk on Septe~er 5, 1991, and that Sheet No. 403 of
the Zone Map be changed in this respect.
ATTEST:
City Clerk.
'91 SEP 24 P3:24
Roanoke City Planning Commission
October 14, 1991
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Lady Bird Apparel, Inc.,
represented by Richard R. Sayers, attorney,
that property located at 1255 Williamson
Road, S.E., described as official tax numbers
4030210, 4030211, 4030212 and 4030222, be
rezoned from LM, Light Manufacturing District
to C-2, General Commercial District, such
rezoning to be subject to certain conditions
proffered by the petitioner.
I. Backqround:
Purpose of the requested rezoning is to provide
for indoor retail sales and office use in one of
the existing buildings on the subject property and
light manufacturing uses, with incidental retail
sales, in the second building.
B. Petition to rezone was filed on July 17, 1991.
First amended petition to rezone was filed on July
26, 1991. The following conditions were proffered
by the petitioner:
The rezoned property shall be used in
substantial conformity with the attached site
plan prepared by T. P. Parker and Son,
Architect, dated July 17, 1991, subject only
to such modifications as may be required by
the City of Roanoke as a result of the site
plan review process of the City.
Room 355 Municipal Building 215 Churc~ Avenue, SW Roanoke, Virginia 24011 (703) 981 2344
Members of City Council
Page 2
October 14, 1991
Building A will be used for general and
professional offices and indoor retail sale
purposes. If the rezoning request is
approved, Petitioner will file an application
with the Board of Zoning Appeals for a
special use exception to use Building B for
light manufacturing purposes with incidental
retail sale of items manufactured on the
site.
If the property is not used in conformance
with the attached site plan within two (2)
years of the effective date of the ordinance
rezoning the subject property, the zoning
classification shall return to that of LM,
Light Manufacturing District, without further
action of City Council.
Planninq Commission public hearinq was held on
August 7, 1991.
Mr. Richard Sayers, attorney for the petitioner,
appeared before the Commission and summarized the
rezoning request. He noted there were two
existing buildings on the property and neither
building was presently being utilized. He said
that it was proposed that Building A be used for
general offices and retail space with occasional
sidewalk sales, if possible. He further stated
that Building B is proposed for light
manufacturing uses and that his client proposes to
apply to the Board of Zoning Appeals to obtain a
special exception permit to do that.
Considerable discussion took place regarding the
existing billboard on the property, zoning
regulations on outdoor advertising and the off-
street parking area proposed for the adaptive
reuse of the two exiting buildings.
J. W. Wickham (1913 Westchester Avenue, SW)
appeared before the Commission and stated that he
owned the adjacent business, Skyline Hardware. He
said that he had spent a large amount of money
trying to make his property remarketable and hoped
to have a buyer. He said that he understood that
the proposed use of the property was a flea market
type operation and he did not think that type of
operation would help his property at all.
Mr. Marlles gave the staff report indicating that
the staff had deferred making a recommendation
until additional information was provided and
those additional issues are resolved. He further
Members of City Council
Page 3
October 14, 1991
stated that the staff generally supported the type
of uses that were being suggested for the adaptive
reuse of the property.
After further discussion of the matter, the
Commission voted to table the rezoning request to
the next regularly scheduled meeting to give the
petitioner and his attorney an opportunity to
address and resolve those issues that were raised
during the meeting.
Petitioner's attorney met with members of the City
Engineering and Planning Departments to discuss
outstanding issues and revisions to proposed site
plan.
Second amended petition to rezone was filed on
August 21, 1991. The amended and revised proffers
are as follows:
The rezoned property shall be used in
substantial conformity with the attached
revised site plan prepared by T. P. Parker &
Son, Architect, dated August 21, 1991,
subject only to such modifications as may be
required by the City of Roanoke as a result
of the site plan review process of the City.
That Building A will be used for general and
professional offices and indoor retail sales
purposes. If the rezoning request is
approved, Petitioner will file an application
with the Board of Zoning Appeals for a
special use exception to use Building B for
light manufacturing purposes with incidental
retail of items manufactured on the site.
No outdoor sales of any kind will be
permitted on the rezoned property.
On site improvements will be completed in two
phases as follows:
Phase I: Current Improvements. The
Petitioner will complete all interior
renovations to Buildings A and B;
upgrade the parking surface as may be
required by the City; restripe the
parking area; and install a landscaped
area fronting Williamson Road for the
purpose of limiting access to the
property from Williamson Road to two (2)
controlled entrances.
Members of City Council
Page 4
October 14, 1991
Phase II: Ongoing Improvements. The
Petitioner will complete all additional
landscaping on the property as may be
required by the City within three (3)
years of the effective date of the
ordinance rezoning the property.
If the property is not used in conformance
with the attached site plan within two (2)
years of the effective date of the ordinance
rezoning the subject property, the zoning
classification shall return to that of LM,
Light Manufacturing District, without further
action of City Council.
Second Planning Commission public hearing was held
on September 4, 1991. Mr. Richard Sayers,
attorney for the petitioner, appeared before the
Commission and summarized the sequence of events
that had taken place up to the current meeting.
He then reviewed the proffers of the amended
petition recently filed and stated that he would
like to amend his condition (5) above to allow a
three (3) year reversion clause instead of a two
(2) year as presented.
Mr. Sayers further noted that the Commission had
been sent a copy of the revised site plan, which
showed 144 parking spaces. He also noted that the
billboard and roof signs would remain as they were
with no structural improvements being made to
them. Mr. Sayers said that his client would
probably want to place some additional advertising
or locational signage on the site to direct
persons to specific buildings. He said he felt
the issues raised at last month's meeting had been
addressed and he further felt that the proposed
use would be an adaptive reuse of the currently
declining property and would create new jobs.
Mr. Marlles gave the staff report noting that
staff was satisfied that the issues raised at the
previous meeting had been satisfied.
Mr. J. W. Wickham (1913 Westchester Avenue)
appeared before the Commission and stated that he
had no problem with the intended use of the
buildings. He said that as long as there were no
outdoor sales operations he had no objection.
Third amended petition was filed on September 5,
1991. The amended and revised proffers are as
follows:
Members of City Council
Page 5
October 14, 1991
The rezoned property shall be used in
substantial conformity with the attached
revised site plan prepared by T. P. Parker &
Son, Architect, dated August 21, 1991,
subject only to such modifications as may be
required by the City of Roanoke as a result
of the site plan review process of the City.
Building A will be used for general and
professional offices and indoor retail sales
purposes. If the rezoning request is
approved, Petitioner will file an application
with the Board of Zoning Appeals for a
special use exception to use Building B for
light manufacturing purposes with incidental
retail of items manufactured on the site.
No outdoor sales of any kind will be
permitted on the rezoned property.
On-site improvements will be completed in two
phases as follows:
Phase I: Current Improvements. The
Petitioner will complete all interior
renovations to Buildings A and B;
upgrade the parking surface as may be
required by the City; restripe the
parking area; and install a landscaped
area fronting Williamson Road for the
purpose of limiting access to the
property from Williamson Road to two (2)
controlled entrances.
Phase II: Ongoing Improvements. The
Petitioner will complete all additional
landscaping on the property as may be
required by the City within three (3)
years of the effective date of the
ordinance rezoning the property.
If the property is not used in conformance
with the attached site plan within three (3)
years of the effective date of the ordinance
rezoning the subject property, the zoning
classification shall return to that of LM,
Light Manufacturing District, without further
action of City Council.
II. Issues:
Zoninq of the subject property is currently LM,
Light Manufacturing District. The surrounding
zoning in the area is as follows: to the north,
Members of City Council
Page 6
October 14, 1991
east and
District;
District.
south is HM, Heavy Manufacturing
to the west is C-2, General Commercial
Land use is currently two industrial/warehouse
type buildings of which one is used for storage
and the other is partially used for retail sales
of clothing (first floor) and incidental storage.
Land uses in the area are as follows: to the
north is Interstate 1-581 and its residual right-
of-way; to the east, across Williamson Road are a
variety of storage and distribution warehouses; to
the south is barber shop, a feed and seed retail
center and offices; and to the west is a paint and
hardware sales center.
Utilities are existing on site and are adequate
for the proposed uses on the subject property.
Storm drainage concerns and any other engineering
problems will be addressed and resolved during
site plan review.
Access to the subject property is provided by
Williamson Road. The City Traffic Engineer has
stated that the adjacent street system is capable
of accommodating any increase in traffic generated
by the proposed uses on the subject property.
E. Comprehensive Plan recommends that:
Create new jobs and expand downtown
investment in the City.
Facilitate redevelopment or reuse of
declining retail or industrial centers.
III. Alternatives:
A. City Council approve the rezoning request.
Zoninq of the subject property would become
conditional, C-2, General Commercial
District.
Land use would be the two existing
industrial/warehouse type buildings being
used for indoor retail sales in one building,
permitted through a special exception permit
to be obtained from the Board of Zoning
Appeals as proffered by the petitioner, and
light manufacturing uses with incidental
retail sales in the second building on the
subject property.
Members of City Council
Page 7
October 14, 1991
Utilities are adequate and of capacity to
serve the proposed uses on the property.
Storm drainage concerns and any other
engineering problems will be addressed and
resolved during site plan review.
o
Access to and from the site would continue to
be from Williamson Road. No traffic impacts
are anticipated from the proposed uses on the
subject property.
Comprehensive Plan issues as set forth would
be followed.
B. City Council deny the rezoning request.
Zoning of the site would remain LM, Light
Manufacturing District.
Land use would remain as is with two
relatively vacant, underutilized industrial/
warehouse type buildings on the property.
3. Utilities would not be affected.
Access to the site would remain as is and
would not be an issue.
Comprehensive Plan issues as set forth could
be followed at a later date.
IV. Recommendation:
The Planning Commission, by a vote of 5-0 (Mr. Buford
and Mr. Price absent) recommended approval of the
requested rezoning. The requested rezoning would be a
logical extension of the general commercial district to
the west of the site and would provide for the proposed
adaptive reuse of the property. In addition, the
proposed mixed use concept of the site would be
compatible with the adjoining land uses in the area as
well as would be in keeping with the recommendations of
the comprehensive plan by facilitating the
redevelopment and reuse of a declining industrial
center and creating new jobs and increasing investment
in the City's downtown.
Members of City Council
Page 8
October 14, 1991
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
CAP:EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for Petitioner
Roanoke. Virginia
(703) :~4:3-9~)
VIRGINIA:
RECD¥£D
CITY CL~'P!'": nF,-"!C5
IN THE COUNCIL O~%$C-~yP~5~OANO~(~
Re:
Rezoning of four adjoining tracts
of land lying in the City of
Roanoke, Virginia, having a street
address of 1255 Williamson Road,
S.E., from LM, Light Manufacturing
to C-2, General Commercial
District
THIRD AMENDED
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. The Petitioner, Lady Bird Apparel, Inc., a Virginia
corporation, owns four adjoining tracts of land located in the City
of Roanoke, Virginia, containing 3.132 acres, having a property
address of 1255 Wllliamson Road, S.E., and designated on the
Roanoke City appraisal map as Official Tax Nos. 4030210, 4030211,
4030212, and 4030222; the said tracts are currently zoned LM, Light
Manufacturing District. A map showing the property to be rezoned
and the property immediately adjacent to and those directly
opposite of the subject property is attached as Exhibit A.' The
property to be rezoned is shown in a cross hatched pattern. The
property is comprised of a 2.568 acres parcel containing 111,862
square feet; a 0.499 acre parcel which is segregated by an alleyway
owned by the City of Roanoke which the Petitioner will request to
have vacated and closed simultaneously with this Petition; and an
adjoining triangular-shaped parcel consisting of 2,850 square feet.
The northwest boundary of the property is formed by the Roy L.
Webber Expressway right-of-way.
2. Pursuant to Article VII of Chapter 36.1, Code of the City
of Roanoke (1979), as amended, the Petitioner requests that the
said property be rezoned from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain proffered
conditions set forth in Paragraph 4 herein, for the purpose of
allowing general and professional offices and indoor retail sales,
such as general retail establishments primarily engaged in the
retail sale of merchandise, goods, crafts, antiques and other
miscellaneous items, in Building A and light manufacturing, such as
the manufacture of cabinets and accessories, in Building B, which
buildings are currently located on the property as shown on the
site plan attached as Exhibit B.
3. The Petitioner believes that the rezoning of the said
property will further the intent and purpose of the City's Zoning
Ordinance and the comprehensive plan in that it will permit the
Petitioner to fully utilize the property's potential in light of
current economic conditions; to generate additional tax revenues
for the City of Roanoke; to promote economic development in the
surrounding neighborhood; to justify additional investment in
P.O. Box
Roano~. Vir~nia
upgrading and improving the property; and to increase interest and
development in downtown Roanoke in general.
4. The Petitioner hereby proffers and agrees that if the
said tracts are rezoned as requested, the rezoning will be subject
to, and the Petitioner will abide by, the following conditions:
(a) The rezoned property shall be used in substantial
conformity with the attached revised Conceptual Plan prepared by
T.P. Parker & Son, Architect, dated August 21, 1991, subject only
to such modifications as may be required by the City of Roanoke as
a result of the site plan review process of the City.
(b) Building A will be used for general and professional
offices and indoor retail sale purposes. If the rezoning request
is approved, Petitioner will file an application with the Board of
Zoning Appeals for a special use exception to use Building B for
light manufacturing purposes with incidental retail of items
manufactured on.the site.
(c) No outdoor sales of any klnd will be permitted on
the rezoned property.
(d) On site improvements will be completed in two phases
as follows:
(i) Phase I: Current Improvements. The Petitioner
will complete all interior renovations to Buildings A and
B; upgrade the parking surface as may be required by the
City; restripe the parking area; and install a landscaped
area fronting Wllliamson Road for the purpose of limiting
access to the property from Wllliamson Road to two (2)
controlled entrances.
(ii) Phase II: Onqolnq Improvements. The
Petitioner will complete all additional landscaping on
the property as may be required by the City within three
(3) years of the effective date of the ordinance rezonlng
the property.
(e) If the property is not used in conformance with the
attached Conceptual Plan within three (3) years of the effective
date of the ordinance rezoning the subject property, the zoning
classification shall return to that of LM, Light Manufacturing
District, without further action of City Council.
5. Attached as Exhibit C are the names and addresses of the
owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the property to be
rezoned.
2
WHEREFORE, the Petitioner requests that the above-described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
By:
LADY BIRD APPAREL, INC.,
a Virginia corporation
Richard R. Sayer
Counsel for Pe'~oner
Owner:
Lady Bird Apparel, Inc.
1255 Williamson Road, S.E.
rnest D. Tate,/President//
3
EXHIBIT "C"
ADJOINING PROPERTY OWNER LIST
Official Tax Number
4030405
Owner's Name and Mailinq Addres.'.
Dominion Bankshares Corporation
P.O. Box 13327
Roanoke, VA 24040
Railroad right-of-ways
across Williamson Road
and subject property
subject property
Norfolk Southern Corporation
204 S. Jefferson Street
Roanoke, VA 24011
4030110
James W. and Evelyn W. Wlckham
1913 Westchester Road, SW
Roanoke, VA 24018
Ill: Z()NING '/
-
,~/
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W.. Room 456
Roanoke. V~rginia 24011
Telephone: (703)981-2541
September 30, 1991
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. Richard R. Sayers, Attorney
P. O. Box 404
Roanoke, Virginia 24003
Dear Mr. Sayers:
I am enclosing copy of a report of the City Planning Commission recommending that
the Council of the City of Roanoke grant the request of your client, Lady Bird
Apparel, Inc., a Virginia Corporation, that property located at 1255 WilHamson
Road, S. E., containing 3. 132 acres, identified as Official Tax Nos. 4030210-4030212,
inclusive, and 4030222, be rezoned from LM, Light Manufacturing District, to C-2,
General Commerciai District, subject to certain conditions proffered by the
petitioner.
Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 6, 1981, a public hearing on the
abovedescribed request has been set for Monday, October 14, 1991, at 7:30 p.m.,
in the City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am enclosing copy of a notice of the public hearing and an
Ordinance providing for the rezoning, which notice and Ordinance were prepared
by the City Attorney's Office. Please review the Ordinance and if you have
questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-
2431. Questions with regard to the Planning Commission report should be directed
to Mr. John R. Marlies, Chief of Community Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
PUBLIC2A
Eric.
pc:
Dominion Bankshares Corporation, P. O. Box 13327, Roanoke, Virginia 24040
Norfolk Southern Corporation, 204 South Jefferson Street, Roanoke, Virginia
24011
Mr. Richard R. Sayers
September 26, 1991
Page 2
pc:
Mr. & Mrs. James W. Wickham, 1913 Westchester Road, S. W., Roanoke,
Virginia 24018
Mr. Wayne G. Strickland, Executive Director, Fifth Planning District
Commission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kise~, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent~Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
TIMES & ~CRLD-NLwS
~0 NUMBER - 925185~6
PUBLiSHeR'S FEE - $101.20
RICHARD R SAYERS
IlO0 CRESTAR uANK mLUG
P 0 BOX 90
ROANOKE VA 2~002
RECEIVED
'91 OCT 14 A11:28
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, ITHE UNDERSIGNEO) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-~£RLD COR-
PORATION9 wHICH CORPORATION IS PUbLISHeR
DF THE ROANOKE TiMEE & ~KLD-NE~$9 A
DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN
THE STATE DF VIRGINIA~ DG CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAiD
NENSPAPERS ON THE FOLLOWING OATES
O9/27/91 MORNING & EVENING
10/O~/9I MORNIN~ & EVENING
WITNESS, ~.~??TM .DAY OF OCTObeR 1991
.... S] .... ¢~ ..... c:___~tS2:2~--
AUTHORIZED SI~NA~U~
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, October 14,
1991, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on the question of rezoning
from LM, Light Manufacturing District, to C-2, General Commercial
District, the following property:
Property located at 1255 Williamson Road, S.E., such
rezoning to be subject to certain proffered conditions.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 25th day of September , 1991.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, September 27, 1991, and once on
Friday, October 4, 1991, in the Roanoke Times & World News, Morning Edition.
Please send publisher's affidavit to:
Please bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mr. Richard R. Sayers, Attorney
P. O. Box 404
Roanoke, Virginia 24003
MARY F. PARKER
City Clerk
CITY OF ROANOKE.
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
September 6, 1991
File #51
,~LNDRA H. EAKIN
Deputy City Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a third amended petition from Mr. Richard R.
Sayers, Attorney, representing Lady Bird Apparel, Inc., a Virginia Corporation,
requesting that property located at 1255 Williamson Road, S. E., containing 3. 132
acres, identified as Officiai Tax Nos. 4030210 - 4030212, inclusive, and 4030222, be
rezoned from LM, Light Manufacturing District, to C~2, General Commercial District,
subject to certain conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: va
REZONE2
Eno.
pc:
Mr. Richard R. Sayers, Attorney, P. O. Box 404, Roanoke, Virginia
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
24003
MARY F, PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
August 22, 1991
File #51
$ANDRA H. EAKIN
Deputy City Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a second amended petition from Mr. Richard R.
Sayers, Attorney, representing Lady Bird Apparel, Inc., a Virginia Corporation,
requesting that property located at 1255 Williamson Road, S. E., containing 3.132
acres, identified as Officiai Tax Nos. 4030210 - 4030212, inclusive, and 4030222, be
rezoned from LM, Light Manufacturing District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc:
Mr. Richard R. Sayers, Attorney, P. O. Box 404, Roanoke, Virginia 24003
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
P.O. Box 404
l/mnoke, Virginia
(703) 343-9800
VIRGINIA:
CITY
IN THE COUNCIL OF THE
RECErvED
21 P3:34
CITY OF ROANOKE
Ro:
Rezoning of four adjoining tracts
of land lying in the City of
Roanoke, Virginia, having a street
address of 1255 Williamson Road,
S.E., from LM, Light Manufacturing
to C-2, General Commercial
District
SECOND AMENDED
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. The Petitioner, Lady Bird Apparel, Inc., a Virginia
corporation, owns four adjoining tracts of land located in the City
of Roanoke, Virginia, containing 3.132 acres, having a property
address of 1255 Williamson Road, S.E., and designated on the
Roanoke City appraisal map as Official Tax Nos. 4030210, 4030211,
4030212, and 4030222; the said tracts are currently zoned LM, Light
Manufacturing District. A map showing the property to be rezoned
and the property immediately adjacent to and those directly
opposite of the subject property is attached as Exhibit A. The
property to be rezoned is shown in a cross hatched pattern. The
property is comprised of a 2.568 acres parcel containing 111,862
square feet; a 0.499 acre parcel which is segregated by an alleyway
owned by the City of Roanoke which the Petitioner will request to
have vacated and closed simultaneously with this Petition; and an
adjoining triangular-shaped parcel consisting of 2,850 square feet.
The northwest boundary of the property is formed by the Roy L.
Webber Expressway right-of-way.
2. Pursuant to Article VII of Chapter 36.1, Code of the City
of Roanoke (1979), as amended, the Petitioner requests that the
said property be rezoned from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain proffered
conditions set forth in Paragraph 4 herein, for the purpose of
allowing general and professional offices and indoor retail sales,
such as general retail establishments primarily engaged in the
retail sale of merchandise, goods, crafts, antiques and other
miscellaneous items, in Building A and light manufacturing, such as
the manufacture of cabinets and accessories, in Building B, which
buildings are currently located on the property as shown on the
site plan attached as Exhibit B.
3. The Petitioner believes that the rezoning of the said
property will further the intent and purpose of the City's Zoning
Ordinance and the comprehensive plan in that it will permit the
Petitioner to fully utilize the property's potential in light of
current economic conditions; to generate additional tax revenues
for the City of Roanoke; to promote economic development in the
surrounding neighborhood; to justify additional investment in
l~u~oke, Virginia
~A~O03
(7O3) 343-98OO
upgrading and improving the property; and to increase interest and
development in downtown Roanoke in general.
4. The Petitioner hereby proffers and agrees that if the
said tracts are rezoned as requested, the rezoning will be subject
to, and the Petitioner will abide by, the following conditions:
(a) The rezoned property shall be used in substantial
conformity with the attached revised site plan prepared by T. P.
Parker & Son, Architect, dated August 21, 1991, subject only to
such modifications as may be required by the City of Roanoke as a
result of the site plan review process of the City.
(b) Building A will be used for general and professional
offices and indoor retail sale purposes. If the rezoning request
is approved, Petitioner will file an application with the Board of
Zoning Appeals for a special use exception to use Building B for
light manufacturing purposes with incidental retail of items
manufactured on the site.
(c) No outdoor sales of any kind will be permitted on
the rezoned property.
(d) On site improvements will be completed in two phases
as follows:
(1) Phase I: Current Improvements. The Petitioner
will complete all interior renovations to Buildings A and
B; upgrade the parking surface as may be required by the
City; restripe the parking area; and install a landscaped
area fronting Williamson Road for the purpose of limiting
access to the property from Williamson Road to two (2)
controlled entrances.
(ii) Phase II: Ongoing Improvements. The
Petitioner will complete all additional landscaping on
the property as may be required by the City within three
(3) years of the effective date of the ordinance rezoning
the property.
(e) If the property is not used in conformance with the
attached site plan within two (2) years of the effective date of
the ordinance rezoning the subject property, the zoning
classification shall return to that of LM, Light Manufacturing
District, without further action of City Council.
5. Attached as Exhibit C are the names and addresses of the
owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the property to be
rezoned.
2
P.O. 5~x 404
Roanoke,
(703) 343-98OO
WHEREFORE, the Petitioner requests that the above-described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
LADY BIRD APPAREL, INC.,
a Virginia corporation
By:
Richard R. Sayer.s~
Counsel for Petitioner
Owner:
Lady Bird Apparel, Inc.
1255 Williamson Road, S.E.
Roanoke, Virginia 24013
3
Mill. 3~-*
EXIIIB II "B"
F', ¢2
P.O. Box
ltoanoke, ¥il~nla
~1003
EXHIBIT "C"
ADJOINING PROPERTY OWNER LIST
pfficial Tax Number
4030405
Owner's Name and Mailing Address
Dominion Bankshares Corporation
P.O. Box 13327
Roanoke, VA 24040
Railroad right-of-ways
across Williamson Road
and subject property
subject property
Norfolk Southern Corporation
204 S. Jefferson Street
Roanoke, VA 24011
4030110
James W. and Evelyn W. Wickham
1913 Westchester Road, SW
Roanoke, VA 24018
4
Office of the City Clerk
July 30, 1991
File #51
Mr. Charles A. Price, Jr.,
City Planning Commission
Roanoke, Virginia
Chairman
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke
(1979), as amended, I am enclosing copy of an amended petition from
Mr. Richard R. Sayers, Attorney, representing Lady Bird Apparel,
Inc., a Virginia Corporation, requesting that property located at
1255 Williamson Road, S. E., containing 3.132 acres, identified as
Official Tax Nos. 4030210 - 4030212, inclusive, and 4030222, be
rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District, subject to certain conditions proffered by the
petitioner.
Sincerely,~,~~ ~,~_
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
REZONE2
Enc.
pc:
Mr. Richard R. Sayers, Attorney, P. 0. Box 404, Roanoke,
Virginia 24003
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2541
VIRGINIA:
RECEIVED
CITY CLERKS OCF!CE
IN THE COUNCIL OF THE CITY'~]F ~A~K~3:50
Re:
Rezoning of four adjoining tracts
of land lying in the City of
Roanoke, Virginia, having a street
address of 1255 Williamson Road,
S.E., from LM, Light Manufacturing
to C-2, General Commercial
District
FIRST AMENDED
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. The Petitioner, Lady Bird Apparel, Inc., a Virginia
corporation, owns four adjoining tracts of land located in the City
of Roanoke, Virginia, containing 3.132 acres, having a property
address of 1255 Williamson Road, S.E., and designated on the
Roanoke City appraisal map as Official Tax Nos. 4030210, 4030211,
4030212, and 4030222; the said tracts are currently zoned LM, Light
Manufacturing District. A map showing the property to be rezoned
and the property immediately adjacent to and those directly
opposite of the subject property is attached as Exhibit A. The
property to be rezoned is shown in a cross hatched pattern. The
property is comprised of a 2.568 acres parcel containing 111,862
square feet; a 0.499 acre parcel which is segregated by an alleyway
owned by the City of Roanoke which the Petitioner will request to
have vacated and closed simultaneously with this Petition; and an
adjoining triangular-shaped parcel consisting of 2,850 square feet.
The northwest boundary of the property is formed by the Roy L.
Webber Expressway right-of-way.
2. Pursuant to Article VII of Chapter 36.1, Code of the City
of Roanoke (1979), as amended, the Petitioner requests that the
said property be rezoned from LM, Light Manufacturing District, to
C-2, General Commercial District, subject to certain proffered
conditions set forth in Paragraph 4 herein, for the purpose of
allowing general and professional offices and indoor retail sales,
such as general retail establishments primarily engaged in the
retail sale of merchandise, goods, crafts, antiques and other
miscellaneous items, in Building A and light manufacturing, such as
the manufacture of cabinets and accessories, in Building B, which
buildings are currently located on the property as shown on the
site plan attached as Exhibit B.
3. The Petitioner believes that the rezoning of the said
property will further the intent and purpose of the City's Zoning
Ordinance and the comprehensive plan in that it will permit the
Petitioner to fully utilize the property's potential in light of
current economic conditions; to generate additional tax revenues
for the City of Roanoke; to promote economic development in the
surrounding neighborhood; to justify additional investment in
EO. Box 4~,
9A003
(7O3) 848-~800
upgrading and improving the property; and to increase interest and
development in downtown Roanoke in general.
4. The Petitioner hereby proffers and agrees that if the
said tracts are rezoned as requested, the rezoning will be subject
to, and the Petitioner will abide by, the following conditions:
(a) The rezoned property shall be used in substantial
conformity with the attached site plan prepared by T. P. Parker &
Son, Architect, dated July 17, 1991, subject only to such
modifications as may be required by the City of Roanoke as a result
of the site plan review process of the City.
(b) Building A will be used for general and professional
offices and indoor retail sale purposes. If the rezoning request
is approved, Petitioner will file an application with the Board of
Zoning Appeals for a special use exception to use Building B for
light manufacturing purposes with incidental retail of items
manufactured on the site.
(c) If the property is not used in conformance with the
attached site plan within two (2) years of the effective date of
the ordinance rezoning the subject property, the zoning
classification shall return to that of LM, Light Manufacturing
District, without further action of City Council.
5. Attached as Exhibit C are the names and addresses of the
owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner requests that the above-described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
LADY BIRD APPAREL, INC.,
a Vir~nia corporation
'RiChard R. Sayers~
Counsel for Petit{oner
Roanoke, Vir~nls
9A4)03
(703) 343-9800
Owner:
Lady Bird Apparel, Inc.
1255 Williamson Road, S.E.
Roanoke, Virginia 24013
Ernest'D~. ~a~e, Pr~ent
3
EXHIBIT "A"
D
F/ILL
,~o30/IO
JUL-17-19B1 16:0~ FRO;~ l~.P. Pmrk~'~ ° c~- Tn ~459B78
~1003
(702) 343-98O0
EXHIBIT "C"
ADJOINING PROPERTY OWNER LIST
Official Tax Number
4030405
Owner's Name and Mailinq Address
Dominion Bankshares Corporation
P.O. Box 13327
Roanoke, VA 24040
Railroad right-of-ways
across Williamson Road
and subject property
subject property
Norfolk Southern Corporation
204 $. Jefferson Street
Roanoke, VA 24011
4030110
James W. and Evelyn W. Wickham
1913 Westchester Road, SW
Roanoke, VA 24018
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Chu¢ch Avenue, S W, Room 456
Roanoke. Virginia 24011
Telephone; (703) 981-2541
July 19, 1991
File $51
SANDRA H. EAKIN
Deputy C~ty Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke
(1979), as ?nded, I am enclosing copy of a petition from Mr.
Richard R. i 4s, Attorney, representing Lady Bird Apparel, Inc.,
a Virginia )ration. requesting that property located at 1255
Williamson S. E.., containing 3.132 acres, identified as
Official Ta~ 40302i0 - 4030212, respectively, and 4030222, be
rezoned fron. [, Light Manufacturing District, to C-2, General
Commercial Disarict.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
REZONE2
Enc.
pc:
Mr. Richard R. Sayers, Attorney, P. O. Box 404, Roanoke,
Virginia 24003
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. Steven J. Talevi, Assistant City Attorney
P.O. Box404
Roanoke, Virginia
(798) 343-98OO
VIRGINIA:
91 17 P4:54
IN THE COUNCIL OF THE CITY OF ROANOKE
Re:
Rezoning of four adjoining tracts )
of land lying in the City of )
Roanoke, Virginia, having a street )
address of 1255 Williamson Road, )
S.E., from LM - Light Manufacturing)
to C-2 - General Commercial )
District )
PETITION TO REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. The Petitioner, Lady Bird Apparel, Inc., a Virginia
corporation, owns four adjoining tracts of land located in the City
of Roanoke, Virginia, containing 3.132 acres, having a property
address of 1255 Williamson Road, S.E., and designated on the
Roanoke City appraisal map as Official Tax Nos. 4030210, 4030211,
4030212, and 4030222; the said tracts are currently zoned LM -
Light Manufacturing District. A map showing the property to be
rezoned and the property immediately adjacent to and those directly
opposite of the subject property is attached as Exhibit A. The
property to be rezoned is outlined in yellow. The property is
comprised of a 2.568 acres parcel containing 111,862 square feet;
a 0.499 acre parcel which is segregated by an alleyway owned by the
City of Roanoke which the Petitioner will request to have vacated
and closed simultaneously with this Petition; and an adjoining
triangular-shaped parcel consisting of 2,850 square feet. The
northwest boundary of the property is formed by the Roy L. Webber
Expressway right-of-way.
2. Pursuant to Article VII of Chapter 36, Code of the City of
Roanoke (1979), as amended, the Petitioner requests that the said
property be rezoned from LM - Light Manufacturing District to C-2 -
General Commercial District, subject to certain conditions set
forth below for the purpose of allowing indoor retail sales in
Building A and light manufacturing in Building B, which buildings
are currently located on the property as shown on the site plan
attached as Exhibit B, together with such related and compatible
commercial use as Petitioner may determine appropriate and in
conformity with the site plan. Petitioner intends to continue to
lease to Lamar Advertising Company the outdoor advertising sign
currently located on the property which sign is subject to a long
term lease arrangement. The continued use of the sign falls within
the intent of the comprehensive plan for the property in allowing
Petitioner to fully utilize the economic potential of the property.
3. The Petitioner believes that the rezoning of the said
property will further the intent and purpose of the City's Zoning
~003
(7O3) 34,3-9S00
Ordinance and the comprehensive plan in that it will permit the
Petitioner to fully utilize the property's potential in light of
current economic conditions; to generate additional tax revenues
for the City of Roanoke; to promote economic development in the
surrounding neighborhood; to justify additional investment in
upgrading and improving the property; and to increase interest and
development in downtown Roanoke in general.
4. The Petitioner hereby proffers and agrees that if the
said tracts are rezoned as requested, that the rezoning will be
subject to, and that the Petitioner will abide by, the following
conditions:
(a) The rezoned property shall be used in conformance
with the attached site plan prepared by T. P. Parker & Son,
Architect, dated July 17, 1991, subject only to such modifications
as may be required by the City of Roanoke as a result of the site
plan review process of the City.
(b) Building A will be used solely for indoor retail
sale purposes. If the rezoning request is approved, Petitioner
will file an application with the Board of Zoning Appeals for a
special use exception to use Building B for light manufacturing
purposes.
(c) If the property is not used in conformance with the
attached site plan within two (2) years of the effective date of
the ordinance rezoning the subject property, the zoning
classification shall return to that of LM - Light Manufacturing
District without further action of City Council.
5. Attached as Exhibit C are the names and addresses of the
owner or owners of all lots or property immediately adjacent to or
immediately across a street or road from the property to be
rezoned.
WHEREFORE, the Petitioner requests that the above-described
tracts be rezoned as requested in accordance with the provisions of
the Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
LADY BIRD APPAREL, INC.,
a Virginia corporation
cR~nhsaerld oner
2
Roanol, e, Vu'ginia
(703) 343-98O0
Owner:
Lady Bird Apparel, Inc.
1255 Williamson Road, S.E.
Roanoke, Virginia 24013
Ernest D. ~ate, President
3
EXHIBIT "A"
t
~J
II/U.
/_~
/ ,
a
JqdL-l?-I991 16:04 PROI4 T.P. Parker ~ ~,- TO 5459898 P.02
EXHIBIT "B"
/ /
"TAX, ~o. dO'~Og, l~_
EXHIBIT "C"
ADJOINING PROPERTY OWNER LIST
Official Tax Number
4030405
Owner's Name and Mailinq Address
Dominion Bankshares Corporation
P.O. Box 13327
Roanoke, VA 24040
Railroad right-of-ways
across Williamson Road
and subject property
subject property
Norfolk Southern Corporation
204 S. Jefferson Street
Roanoke, VA 24011
4030110
James W. and Evelyn W. Wickham
1913 Westchester Road, SW
Roanoke, VA 24018
4
RECE~'-,~ED
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING OF: '~'J AI~ 27 8:53
Request from Lady Bird Apparel, Inc., represented )
by Richard R. Sayers, attorney, that a tract of land)
located at 1255 Williamson Road, S.E., tax nos.
4030210-4030212, and 4030222, be rezoned from LM,
to C-2.
COMMONWEALTH OF VIRGINIA)
)
TO-WIT:
)AFFIDAVIT
)
)
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is secretary to the Secretary of the City of
Roanoke 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 15.1-341, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission of the
City of Roanoke, she has sent by first-class mail on the 26th day
of August, 1991, notices of a public hearing to be held on the 4th
day of September, 1991, on the rezoning captioned above to the
agent of the parcels listed below at their last known
owner or
address:
Parcel
Ownerr Agent or Occupant
4030405 Dominion Bankshares Corporation P.O. Box 13327
Roanoke, VA 24040
Norfolk Southern Corporation
Address
204 S. Jefferson St.
Roanoke, VA 24011
Evelyn W. Wickham 1913 Westchester Rd.
Roanoke, VA 24018
M~r~a Pace Franklin
4030110 James W. &
SUBSCRIBED AND SWORN to before me, a Notary Public, in the
City of Roanoke, Virginia, this 26th day of August, 1991.
Notary Public
My Commission Expires:
61TY
TO THE CZTY CLERK OF THE CZTY OF ROANOKE, VZRGZNZA
PERTAINING TO THE REZONING OE= JE31 P2:11
Request from Lady Bird Apparel, Inc., represented )
by Richard R. 8ayers, attorney, that a tract of land)
located at 1255 Williamson Road, S.E., tax nos. )AFFIDAVIT
4030210-4030212, and 4030222, be rezoned from LM, )
to C-2. )
COMMONWEALTH OF VIRGINIA)
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is secretary to the Secretary of the City of
Roanoke 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 15.1-341, Code of Virginia,
(1950), as amended, on behalf of the Planning Commission of the
City of Roanoke, she has sent by first-class mail on the 29th day
of July, 1991, notices of a public hearing to be held on the 7th
day of August, 1991, on the rezoning captioned above to the owner
or agent of the parcels listed below at their last known address:
Parcel Owner~ Agent or Occupant Address
4030405 Dominion Bankshares Corporation P.O. Box 13327
Roanoke, VA 24040
Norfolk Southern Corporation 204 S. Jefferson St.
Roanoke, VA 24011
4030110 James W. & Evelyn W. Wickham 1913 Westchester Rd.
Roanoke, VA 24018
SUBSCRIBED AND SWORN to before me, a Notary Public, in the
City of Roanoke, Virginia, this 29th day of July, 1991.
My Commission Expires:
MARY F. PARKER
City Clerk
CITY OF ROANOKi
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #51
SANDRA H. EAKIN
Deputy City Clerk
Mr. Claude D. Carter
Attorney
P. O. Box 13206
Roanoke, Virginia 24032
Dear Mr. Carter:
I am enclosing copy of Ordinance No. 30727-102191 rezoning a tract of land located
on U. S. Route 460 (Orange Avenue, N. E.), containing 2.000 acres, identified as
a combination of Official Tax Nos. 7110106 and 7110122, from RS-3, Residential Single
Family District, to C-2, General Commercial District, subject to certain conditions
proffered by the petitioner. Ordinance No. 30727-102191 was adopted by the Council
of the City of Roanoke on first reading on Monday, October 14, 1991, also adopted
by the Council on second reading on Monday, October 21, 1991, and will take effect
ten days following the date of its second reading.
Sincerely,
Mary F~ Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc.'
Mr. & Mrs. Joel J. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia
24012
Investors Savings Bank, P. O. Box 36666, Richmond, Virginia 23235
Mr. David H. Luther, et als, c/o Industrial Gas & Supply, P. O. Box 960,
Bluefield, Virginia 24701
Mr. & Mrs. G. L. Boone, c/o Boone and Company, P. O. Box 8614, Roanoke,
Virginia 24014
Ms. Nancy G. Creasy, et als, c/o Mr. T. L. Plunkett, Co-Executor, 300
Shenandoah Building, Roanoke, Virginia 24011
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Taievi, Assistant City Attorney
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. Claude D. Carter
October 23, 1991
Page 2
pc:
Mr. Wiliiam F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 21st Day of October, 1991.
No. 30727-102191.
VIRGINIA,
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City,
subject to certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City
of Roanoke to have the hereinafter described property rezoned 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 $36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on October 14, 1991, after due and
timely notice thereof as required by S36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
'9% 24 P3:24
Roanoke City Planning Commission
October 14, 1991
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Evelyn L. Gish, represented
by Claude D. Carter, that a tract of
land located on U.S. Route 460 (Orange
Avenue, N.E.), described as Official Tax
Numbers 7110106 and 7110122, 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.
I. Backqround:
aJ
Purpose of the rezoning request is to provide for
the conversion of an existing residential
structure to a commercial flower shop.
B. Petition to rezone was filed on July 31, 1991.
First amended petition to rezone was filed on
August 20, 1991. The following conditions were
proffered by the petitioner:
That the property will be subdivided as shown
on Exhibit A and will be developed in
substantial conformity with the concept plan
attached to this petition for rezoning as
Exhibit B, subject to any changes required by
the City during comprehensive site plan
review.
That if the property is not utilized for a
Commercial C-2 use as a commercial flower
shop within three years from the date of
Room 355 Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 2401 t (703) 981-2344
Do
final zoning approval and no building permit
has been issued and no construction commenced
within three years from the date of final
zoning approval, the zoning shall revert to
RS-3, Single Family Residential District,
without further action by City Council.
Planninq Commission public hearing was held on
Wednesday, September 4, 1991. Mr. Claude Carter,
attorney for the petitioner, appeared before the
Commission and stated that the tracts in question
were part of the original Gish farm, of which
about four acres remained. He noted that a house
was located on the tract under consideration which
would be converted and used as a commercial flower
establishment. Mr. Carter stated he would like to
amend his second proffer to read, "That if the
property is not utilized for a commercial flower
shop within three years. ." Mr. Carter also
noted that the site was located next to Roanoke
County property zoned for commercial use.
Mr. Price asked if there were comments from the
audience.
There being none, Mr. Talevi asked Mr. Carter if
he could amend his proffer to call for a "site"
plan instead of a "concept" plan.
Mr. Carter said he had no problem making that
amendment.
Mrs. Dorsey gave the staff report and noted that
staff had found that the area was logical
transition between the various uses in the area.
Mr. Bradshaw asked if the County had been notified
of the rezoning request.
Mrs. Dorsey responded that they had been notified
and had no concerns.
Second amended petition to rezone was filed on
September 6, 1991. The following revised
conditions were proffered by the petitioner.
That the property will be subdivided as shown
on Exhibit A and will be developed in
substantial conformity with the site plan
attached to this Petition for Rezoning as
Exhibit B, subject to any changes required by
the City during comprehensive site plan
review.
II.
Issues:
ae
That if the property is not utilized for a
commercial flower shop within three years
from the date of final zoning approval and no
building permit has been issued and no
construction commenced within 3 years from
the date of final zoning approval, the zoning
shall revert to RS-3, Single Family
Residential District without further action
by City Council.
Zoninq of the subject property is RS-3,
Residential Single Family District. The
surrounding zoning is as follows: to the north is
Roanoke County zoning designation B-2, Business
District; to the east and south is RS-3,
Residential Single Family District; to the west is
LM, Light Manufacturing District; and C-2, General
Commercial District.
Land use of the subject property is unoccupied,
residential structure. Surrounding land uses in
the area are as follow~: to the north and east and
south are vacant, undeveloped tracts of land; to
the west are various highway commercial businesses
and the entrance to Roanoke Center for Industry
and Technology.
Utilities are available and adequate. Storm
drainage concerns and any other engineering
problems will be addressed and resolved during
comprehensive development plan review.
Access to the site is from the adjoining public
street, U.S. Route 460 (Orange Avenue). The City
Traffic Engineer has stated that the proposed use
of the property and respective traffic generation
would have no adverse impact on Orange Avenue. The
directional flow of the traffic utilizing the site
would be addressed during comprehensive site
development plan review.
Screeninq would be required along the entire
eastern and southern property boundaries which
adjoins a residentially zoned area. Such adequate
buffering requirements will be addressed during
comprehensive site plan review.
Neighborhood organization is the Wildwood Civic
League. The planning office was notified by their
president in writing after the Planning Commission
meeting that they did not have any problem with
the request and that is why no one attended the
meeting.
G. Comprehensive Plan recommends that:
Neighborhood character and environmental
quality be protected.
Commercial development is carefully evaluated
to ensure minimal conflict with residential
areas and promote good land use.
III. Alternatives:
A. City Council approve the rezoning request.
Zoning of the subject property would be C-2,
General Commercial District.
Land use would become a commercial flower
shop·
Utilities are available to the site and are
of adequate capacity to serve the proposed
development of the property. All engineering
and drainage concerns would be addressed and
resolved during comprehensive development
plan review.
Access to and from the site can be safely
provided by Orange Avenue. No traffic impacts
are anticipated from the proposed use of the
property as a commercial flower shop.
Screening will be required along the entire
eastern and southern property boundaries
contiguous to both residentially zoned areas
as a result of comprehensive site development
plan review.
Neighborhood realizes that this area along
Orange Avenue is not suitable for residential
development and that a florist shop would be
in keeping with the surrounding
nonresidential uses.
Comprehensive Plan issues as set forth would
be followed.
B. City Council deny the rezoning request.
Zoninq would remain RS-3, Residential Single
Family District and the proposed development
of the property would not be permitted nor
would it occur.
Land use would remain vacant, undeveloped
property.
3. Utilities would be unaffected.
4. Access would not be an issue.
5. Screeninq wDuld not be required.
6. Neiqhborhood would remain unchanged.
Comprehensive Plan issues as set forth could
be followed at a later date.
IV. Recommendation:
By a vote of 6-0 (Mr. Buford absent), the Planning
Commission recommended approval of the requested
rezoning. The rezoning is a logical extension of the
more intensive, highway oriented commercial uses to the
south and west of the subject property. Furthermore,
the rezoning of this site for the specific purpose of a
florist shop would provide a transitional buffer area
and less intensive nonresidential use between the
highway traffic and more intensive commercial land uses
to the potential residential areas to the east.
Respectfully submitted,
JRM:EDD:mpf
attachments
cc:
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Attorney for the Petitioner
CARTER, BROWN
& OSBORNE, '~C
ROANOKE, VIRGINIA
/~9:14
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
Rezoning of a tract of land lying
in the City of Roanoke and being
described as a Division of 0.477
acres and 4.653 acres, creating new
Tract "A" 2.000 acres and located
on U.S. Route 460 (Orange Ave., N.E.)
from RS-3, Single Family Residential
District to Commercial District (C-2)
AMENDED
PETITION
#2 TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
1. The Petitioner, Evelyn L. Gish, owns land in the City
of Roanoke, Virginia, containing 2.000 acres, located on U.S.
Route 460 (Orange Ave., N.E.) and identified as a combination
of Tax No. 7110106 and Tax No. 7110122 and being a division of
0.477 acres and 4.653 acres, and creating new Tract "A" 2'.000
acres and new Tract "B" 4.653 acres as shown on a plat prepared
for Evelyn L. Gish by Jack G. Bess, Certified Land Surveyor,
dated July 1, 1991 and attached hereto as Exhibit A. Said
tract is currently zoned RS-3, Single-Family Residential
District.
2. Pursuant to Section 36.1-690, Code of the City of
Roanoke (1979), as amended, the Petitioner requests that said
Property, containing 2.000 acres and identified as new Tract
"A" on the aforesaid plat, be rezoned from RS-3, Single Family
Residential District to Commercial District
certain conditions set forth below, for
operating a commercial flower shop.
3.
(C-2), subject to
the purpose of
The Petitioner believes the rezoning of the said tract
1
CARTER, BROWN
& OSBORNE, EC
of land will further the intent and purposes of the City's
Zoning Ordinance and its comprehensive plan, in that it will
allow a commercial business in a generally commercial area.
4. The Petitioner hereby proffers and agrees that if the
said tract is rezoned as requested, that the rezoning will be
subject to, and that the Petitioner will abide by, the
following conditions:
A. That the property will be subdivided as shown on
Exhibit A and will be developed in substantial conformity with
the site plan attached to this Petition for Rezoning as Exhibit
B, subject to any changes required by the City during
comprehensive site plan review.
B. That if the property is not utilized for a
commercial flower shop within three years from the date of
final zoning approval and no building permit has been issued
and no construction commenced within 3 years from the date of
final zoning approval, the zoning shall revert to RS-3, Single
Family Residential District without further action by City
Council.
Attached as Exhibit C are the names, addresses and tax
numbers of the owners of all lots or property ~mmediately
adjacent to and immediately across a street or road from the
property to be rezoned.
WHEREFORE, the Petitioner requests that the above-
described tract be rezoned as requested in accordance with the
provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 31st day of July, 1991.
2
CARTER. BROWN
& OSBORNE, RO.
By:
Respectfully submitted,
Of Counsel
Claude D. Carter, Esquire
Carter, Brown & Osborne, P.C.
P.O. Box 13206
Roanoke, VA 24032
(703) 982-0234
Evelyn L. Gish
Evelyn L. Gish
3659 Orange Ave., N.E.
Roanoke, VA 24017
3
0
ROANOK
AVE
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ATION?~
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? P I:t 0 l) 0 S I..' I:)
()NINO
I'0 C:-~
6.,
C.-2
i Z/ AC.
CONDITION
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke. Virginia 24011
Telephone: (703)981-2541
September 30, 1991
File #51
K~'DRA H. F. AKIN
Deputy City Clerk
Mr. Claude D. Carter, Attorney
P. O. Box 13206
Roanoke, Virginia 24032
Dear Mr. Carter:
I am enclosing copy of a report of the City Planning Commission recommending that
the Council of the City of Roanoke grant the request of your client, Ms. Evelyn L.
Gish, that a tract of land located on U. S. Route 460 (Orange Avenue, N. E.),
containing 2.000 acres, identified as a combination of Official Tax Nos. 7110106 and
7110122, be rezoned from RS-3, Residential Singie Family District, to C-2, General
Commercial District, subject to certain conditions proffered by the petitioner.
Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 6, 1981, a public hearing on the
abovedescribed request has been set for Monday, October 14, 1991, at 7:30 p.m.,
in the City Council Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am enclosing copy of a notice of the public hearing providing
for the rezoning, which notice was prepared by the City Attorney's Office. Please
review the notice and if you have questions, you may contact Mr. Steven J. Taievi,
Assistant City Attorney, at 981-2431. Questions with regard to the Planning
Commission report should be directed to Mr. John R. Marlles, Chief of Community
Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
PUBLIC3
Enc.
pc:
Mr. & Mrs. Joel J. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia
24012
Investors Savings Bank, P. O. Box 36666, Richmond, Virginia 23235
Mr. David H. Luther, et als, e/o Industrial Gas & Supply, P. O. Box 960,
Bluefield, Virginia 24701
Mr. Claude D. Carter
September 26, 1991
Page 2
pc:
Mr. & Mrs. G. L. Boone, c/o Boone and Company, P. O. Box 8614, Roanoke,
Virginia 24014
Ms. Nancy G. Creasy, et als, c/o Mr. T. L. Plunkett, Co-Executor, 300
Shenandoah Building, Roanoke, Virginia 24011
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation
Mr. Charles A. Price, Jr., Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Cjark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Ms. Doris Layne, Office of Real Estate Valuation
~O NUMBER - 92525285
PUBLISHER'S FEE - ~112.70
CLAUDE O CARTER, ATTY
P 0 BOX 13200
RECEi'vED
~100T 14 ~1:28
ROANOKE VA 24032
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, ITME UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TI~ES-WOKLO COR-
PORATION, WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES ~ WO~LD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEX:D NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
09/27/91 MORNING ~ EVENING
10/04/91 MORNING & EVENING
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, October 14,
1991, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on the question of rezoning
from RS-3, Residential Single Family District, to C-2, General
Commercial District, the following property:
A 2.0-acre tract of land located on U.S. Route 460
(Orange Ave., N.E.), said tract being the result of a
subdivision of two parcels, bearing Official Tax Nos.
7110106 and 7110122, such rezoning to be subject to cer-
tain proffered conditions.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 25th day of September , 1991.
Mary F. Parker, City Clerk.
Please publish in full twice, once on Friday, September 27, 1991, and once on
Friday, October 4, 1991, in the Roanoke Times & World News, Morning Edition.
Please send publisher's affidavit to:
Please bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Mr. Claude D. Carter, Attorney
P. O. Box 13206
Roanoke, Virginia 24032
MARY F. PARKER
City Clerk
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
September 6, 1991
SANDRA H. F-AKIN
Deputy City Clerk
File #51
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a third amended petition from Mr. Claude D.
Carter, Attorney, representing Ms. Evelyn L. Gish, requesting that a tract of land
located on U. S. Route 460 (Orange Avenue, N. E.), containing 2.000 acres,
identified as a combination of Official Tax Nos. 7110106 and 7110122, be rezoned from
RS-3, Residential Single Family District, to C-2, General Commercial District,
subject to certain conditions proffered by the petitioner.
~'~4.Sincerely'
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
REZONE3
Ene.
pc:
Mr. Claude D. Carter, Attorney, P. O. Box 13206, Roanoke, Virgini~ 24032
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Taievi, Assistant City Attorney
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. lr~ginia 24011
Telephone: (703)981-2541
August 22, 199_
File//51
SANDP. A H. EAKIN
Deputy City Clerk
Mr. Charles A. Price, Jr., Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an amended petition from Mr. Claude D. Carter,
Attorney, representing Ms. Evelyn L. Gish, requesting that a tract of land located
on U. S. Route 460 (Orange Avenue, N. E.), described as a division of 0.477 acre
and 4.653 acres, creating new Tract A, 2.000 acres, being a combination of O[~ficial
Tax Nos. 7110106 and 7110122, be rezoned from RS-l, Residential Singie Family
District, to C-2, General Commercial District, subject to certain conditions proffered
by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
Enc.
pc.'
Mr. Claude D. Carter, Attorney, P. O. Box 13206, Roanoke, Virginia 24032
Mr. John R. Marlles, Agent/Secretary, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
CARTER, BROWN
& OSBORNE, ~.
ROANOKE. VIRGINIA
IN RE:
RECEP~ E 0
CITY C~_~ ...... ~FF~CE
Rezoning of a tract of land lying
in the City of Roanoke and being
described as a Division of 0.477
acres and 4.653 acres, creating new
Tract "A" 2.000 acres and located
on U.S. Route 460 (Orange Ave., N.E.)
from RS-3, Single Family Residential
District to Commercial District (C-2)
AMENDED
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
1. The Petitioner, Evelyn L. Gish, owns land in the City
of Roanoke, Virginia, containing 2.000 acres, located on U.S.
Route 460 (Orange Ave., N.E.) and identified as a combination
of Tax No. 7110106 and Tax No. 7110122 and being a division of
0.477 acres and 4.653 acres, and creating new Tract "A" 2.000
acres and new Tract "B" 4.653 acres as shown on a plat prepared
for Evelyn L. Gish by Jack G. Bess, Certified Land Surveyor,
dated July 1, 1991 and attached hereto as Exhibit A. Said
tract is currently zoned RS-3, Single-Family Residential
District.
2. Pursuant to Section 36.1-690, Code of the City of
Roanoke (1979), as amended, the Petitioner requests that said
Property, containing 2.000 acres and identified as new Tract
"A" on the aforesaid plat, be rezoned from RS-3, Single Family
Residential District to Commercial District (C-2), subject to
certain conditions set forth below, for the purpose of
operating a commercial flower shop.
3. The Petitioner believes the rezoning of the said tract
CARTER, BROWN
& OSBORNE,
ROANOKF~ VIRGINIA
of land will further the intent and purposes of the City's
Zoning Ordinance and its comprehensive plan, in that it will
allow a commercial business in a generally commercial area.
4. The Petitioner hereby proffers and agrees that if the
said tract is rezoned as requested, that the rezoning will be
subject to, and that the Petitioner will abide by, the
following conditions:
A. That the property will be subdivided as shown on
Exhibit A and will be developed in substantial conformity with
the concept plan attached to this Petition for Rezoning as
Exhibit B, subject to any changes required by the City during
comprehensive site plan review.
B. That if the property is not utilized for a
Commercial C-2 use as a commercial flower shop within three
years from the date of final zoning approval and no building
permit has been issued and no construction commenced within 3
years from the date of final zoning approval, the zoning shall
revert to RS-3, Single Family Residential District without
further action by City Council.
Attached as Exhibit C are the names, addresses and tax
numbers of the owners of all lots or property immediately
adjacent to and immediately across a street or road from the
property to be rezoned.
WHEREFORE, the Petitioner requests that the above-
described tract be rezoned as requested in accordance with the
provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this 31st day of July, 1991.
CAR'rER, BROWN
& OSBORNE. RC.
Claude D. Carter, Esquire
Carter, Brown & Osborne, P.C.
P.O. Box 13206
Roanoke, VA 24032
(703) 982-0234
Evelvn L. Gish
Evelyn L. Gish
3659 Orange Ave., N.E.
Roanoke, VA 24017
Of Counsel
3
IN RE;
RECEIVED
CITY C.~ ~*~. n~.'K
IR THE COUNCIL OF THE CITY OF '~) l~NIA
Rezoning of a tract of land lying )
in the City of Roanoke and being )
described as a Division of 0.477 ) PETITION
acres and 4.653 acres, creating new ) TO
Tract "A" 2.000 acres and located ) REZONE
on U.S. Route 460 (Orange Ave., N.E.) )
from RS-i, Single Family Residential )
District to Commercial District (C-2) )
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY
OF ROANOKE:
1. The Petitioner, Evelyn L. Gish, owns land in the City
of Roanoke, Virginia, containing 2.000 acres, located on U.S.
Route 460 (Orange Ave., N.E.) and identified as a combination
of Tax No. 7110106 and Tax No. 7110122 and being a division of
0.477 acres and 4.653 acres, and creating new Tract "A" 2.000
acres and new Tract "B" 4.653 acres as shown on a plat prepared
for Evelyn L. Gish by Jack G. Bess, Certified Land Surveyor,
dated July 1, 1991 and attached hereto as Exhibit A. Said
currently zoned RS-l, Single-Family Residential
tract is
District.
2.
Pursuant to Section 36.1-690, Code of the City of
Roanoke (1979), as amended, the Petitioner requests that said
Property, containing 2.000 acres and identified as new Tract
"A" on the aforesaid plat, be rezoned from RS-l, Single Family
Residential District to Commercial District
certain conditions set forth below, for
operating a commercial flower shop.
3.
(C-2), subject to
the purpose of
The Petitioner believes the rezoning of the said tract
1
CARTER, BROWN
& OSBORNE, EC.
of land will further the intent and purposes of the City's
Zoning Ordinance and its comprehensive plan, in that it will
allow a commercial business in a generally commercial area.
4. The Petitioner hereby proffers and agrees that if the
said tract is rezoned as requested, that the rezoning will be
subject to, and that the Petitioner will abide by, the
following conditions:
A. That the property will be subdivided as shown on
Exhibit A and will be developed in substantial conformity with
the concept plan attached to this Petition for Rezoning as
Exhibit B, subject to any changes required by the City during
comprehensive site plan review.
B. That if the property is not utilized for a
Commercial C-2 use as a commercial flower shop within three
years from the date of final zoning approval and no building
permit has been issued and no construction commenced within 3
years from the date of final zoning approval, the zoning shall
revert to RS-i, Single Family Residential District without
further action by City Council.
Attached as Exhibit C are the names, addresses and tax
numbers of the owners of all lots or property immediately
adjacent to and immediately across a street or road from the
property to be rezoned.
WHEREFORE, the Petitioner requests that the above-
described tract be rezoned as requested in accordance with the
provisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~/~~ day of July, 1991.
2
CARTER, BROWN
& OSBORNE, EC.
By:
Claude D. Carter, Esquire
Carter, Brown & Osborne,
P.O. Box 13206
Roanoke, VA 24032
(703) 982-0234
Evelyn/L.
3659 Orange Ave., N.E.
Roanoke, VA 24017
Respectfully submitted,
Of Counsel
P.Co
3
o ?
EXHIBIT B
CONCEPT PLAN
NOT TO SCALE
, I
Exhibit C
Names and Addresses of Adjoining property owners
to Rezone
e
Se
Joel J. Ewen
3645 Orange Ave., N.E.
Roanoke, VA 24012
Tax Map No.: 7110105
Investors Savings Bank
P.O. Box 36666
Richmond, VA 23235
Tax Map No.: 7110125
David H. Luther, et als
c/o Industrial Gas & Supply Co.
P.O. Box 960
Bluefield, W. VA 24701
Tax Map No.: 7110126
City of Roanoke
Blue Hills Drive, N.E.
Roanoke, VA 24012
Tax Map No.: 7210107
City of Roanoke
Route 460
Roanoke, VA 24012
Tax Map No.: 7160102
G.L. and Joanne B. Boone
c/o Boone and Company
P.O. Box 8614
Roanoke, VA 24014
Tax Map No.: 7160106
Adjoining County Land Owner:
Nancy G. Creasey, et als
c/o T.L. Plunkett, Jr., Co-Executor
300 Shenandoah Building
Roanoke, VA 24011
Tax Map No.: 50.01-1-1
- Gish
Petition
CITY 8L£P!'S ?~iC~
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAZU NS TO E ONIN A8:53
Request from Evelyn L. Gish, represented by Claude D.
Carter, that a tract of land located on U.S. Route 460
(Orange Avenue, N.E.), described as Official Tax Nos. AFFI-
7110106 and 7110122, be rezoned from RS-l, Residential DAVIT
Single Family District, to C-2, General Commercial
District, such rezoning to be subject to certain
conditions proffered by the petitioner.
COMMONWEALTH OF VIRGINIA)
)
CITY OF ROANOKE
TO-WIT:
)
The affiant, Martha Pace Franklin,, first being duly sworn,
states that she is secretary to the Secretary of the City of
Roanoke Planning Commission, and as such is competent to make this
affidavit of her own personal
pursuant to the provisions of
(1950), as amended, on behalf
knowledge. Affidavit states that,
Section 15.1-341, Code of Virginia,
of the Planning Commission of the
City of Roanoke, she has sent by first-class mail on the 26th day
of August, 1991, notices of a public hearing to be held on the 4th
1991, on the rezoning captioned above to the
the parcels listed below at their last known
day of September,
owner or agent of
address:
Parcel
7110105
7110125
7110126
7160106
Roanoke
County
Owner~ Aqent or Occupant
Joel J. Ewen
Investors Savings Bank
David H. Luther, et als
c/o Industrial Gas & Supply
G. L and Joanne B. Boone
c/o Boone and Company
Nancy G. Creasey, et als
c/o T. L. Plunkett, co-exec.
~fa~tha Pace Franklin
Address
3645 Orange Avenue, NE
Roanoke, VA 24012
P. O. Box 36666
9201 Forest Hill Ave.
Richmond, VA 23235
P. O. Box 960
Bluefield, VA 24701
518 Alabama Street
Bristol, TN 37620
P. O. Box 8614
Roanoke, VA 24014
300 Shenandoah Bldg.
Roanoke, VA 24011
SUBSCRIBED AND SWORN to before me, a Notary Public, in the
City of Roanoke, Virginia, this 26th day of August, 1991.
Notary Public
My Commission Expires:
/f-gish.aff
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #467
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30739-102191 authorizing the lease of the
Jefferson High School Building and certain property located within the City for
renovation as a mixed-use community center facility, and authorizing you to execute
an Agreement and Deed of Lease therefor. Ordinance No. 30739-102191 was adopted
by the Council of the City of Roanoke on first reading on Monday, October 14, 1991,
also adopted by the Council on second reading on Monday, October 21, 1991, and will
take effect ten days following the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
gnc.
pc:
Mr. Beverly T. Fitzpatrick, Sr., President, Jefferson Center Foundation,
Ltd., P. O. Box 8657, Roanoke, Virginia 24014
Mr. Joel M. Schlanger, Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. William F. Clark, Director of Public Works
Mr. Brian J. Wishneff, Chief of Economic Development
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
lhe 215t Day of October, 1991.
No. 30739-102191.
AN ORDINANCE authorizing the lease of the Jefferson High
School Building and certain property located within the City for
renovation as a mixed-use community center facility, and
authorizing the appropriate City officials to execute an Agreement
and Deed of Lease therefor.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The bid of Jefferson Center Foundation, Ltd., to lease
from the City the Jefferson High School Building, the adjacent
grounds and nearby parking lot for renovating and thereafter
operating a mixed-use community center facility, as more
particularly described in the C~ty Manager's report dated October
14, 1991, is hereby ACCEPTED.
2. The City Manager or Assistant City Manager and the City
Clerk are authorized to execute and attest, respectively, on behalf
of the City of Roanoke, an Agreement and Deed of Lease with such
bidder and any other documentation which may be required to
implement the provisions of the Agreement. The Deed of Lease shall
be for a term of forty years, subject to the terms and conditions
in the agreement, with annual rental payment of TEN DOLLARS
($10.00).
3. The form of the Agreement and Deed of Lease shall be
approved by the City Attorney and shall conform substantially with
the Agreement and Deed of Lease on file in the Office of the City
Clerk.
4. Any other bids received for this project are hereby
REJECTED, and the City Clerk is directed to so notify each said
bidder and to express to each the City's appreciation for said
bids.
ATTEST:
City Clerk.
~'~
:20
October 14, 1991
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Council Members:
Subject:
Bid for restoration, renovation and operation of
the Jefferson High School building as a mixed-use
community center; Agreement, Deed of Lease and
Sublease Agreement between the City of Roanoke and
the Jefferson Center Foundation, Ltd. (JCF)
I. Backqround:
Resolution Number 29920-2590 allocated $3,500,000 to the
renovation and restoration of the Jefferson High School
building contingent upon the successful bidder committing
a minimum $1,500,000 capital investment in the project.
Bids following proper advertisement, were publicly opened
and read aloud before City Council on September 23, 1991,
for the restoration, renovation and lease of the
Jefferson High School building as a mixed-use community
center facility.
One (1) bid was received. The Jefferson Center
Foundation, Ltd. submitted a bid of $1,600,000 for
capital investment in the Jefferson High School building,
along with a request to lease the building for 40 years
with an annual rental fee of $10.00 per year. The one
(1) bid received was referred to the undersigned
committee for study and report of recommendation to
Council.
City has been searching for office space suitable for the
relocation of several departments including the Water
Department, Police Academy and Fire Department offices
for some time.
II. Current Situation:
ae
Aqreement (attached) between the City and the JCF was
developed by the City Attorney and included the following
major provisions:
Scope of the project provides for the complete
exterior restoration of the building, the interior
Members of Council
October 14, 1991
Page 2
renovation of approximately fifty~five percent
(55%) of the building and the stabilization of the
remaining forty-five percent (45%) of the building.
Fundinq plan consists of City providing $3,500,000
from the sale of bonds as authorized by Council by
Ordinance Number 29918 adopted February 5, 1990 and
approved by a public referendum held May 1, 1990 as
a gift towards this project. JCF shall use its
best efforts to obtain contributions in the amount
of $2,000,000 toward the funding of this project.
A minimum of $1,600,000 will be provided by JCF.
JCF shall procure architectural and engineering
services and a contractor to perform the agreed
upon work in full compliance with the Virginia
Public Procurement Act and the procurement
provision of th9 Code of the City of Roanoke in
consultation with and subject to the satisfaction
of the City Manager.
Deed of Lease (attached) between the City and the JCF was
developed by the City Attorney and included the following
provisions: ~
Time of the Lease shall be for forty (40) years.
Rent will be $10.00 per annum.
JCF agrees to operate, maintain and manage the
building at its sole cost and expense, and the City
authorizes JCF on the City's behalf to take any and
all action necessary or desirable to operate the
building in a commercially reasonable manner for
the intended purpose.
Sublease Aqreement (attached) between the City and the
JCF was developed by the City Attorney and include~ the
following provisions: ~
Cit o Roanoke agrees to lease from
square foot portion of the building
floor accessed by a private entrance,
be fully renovated by JCF.
JCF a 15,000
on the first
such area to
Term of the sublease shall commence upon receipt of
the Certification of Occupancy for the building and
terminate simultaneously with Deed of Lease. If,
for any year, City Council fails to appropriate
funds for the continuance of the Sublease, it shall
Members of Council
October 14, 1991
Page 3
automatically terminate upon depletion of the
currently allocated funds.
Rent shall be $10.00 per annum, paid by the City to
the JCF.
ODeratinq expenses, including utilities, custodial
service, and minor building maintenance shall be
the responsibility of the City.
Se
Se
Major maintenance, including structural repairs,
roof, sidewalks and parking areas, repairs to the
electrical, plumbing, heating, air conditioning,
etc. shall be the responsibility of the JCF.
Common area maintenance fem shall be paid by the
City on a prorated share basis of all JCF's non-
capital maintenance costs or expenses attributable
to the building or grounds as a whole.
III. Issues:
A. Compliance of bidder with requirements of Bid Documents.
B. Cost of construction.
Ce
Need for office space by the City.
Timing relative to needs of the City and JCF.
Development opportunity for area in
stabilization.
need of
IV. Alternatives:
AccePt the bid submitted by JCF, Ltd. and enter into an
Agreement, Deed of Lease, and Sublease Agreement to have
JCF restore, renovate and operate the Jefferson High
School building as a mixed-use community center,
subleasing approximately 15,000 square feet to the City,
with the form of the agreements subject to the approval
of the City Attorney.
1. Compliance of bidder with requirements of Bid
Documents was met.
Cost of construction would be provided by .
$3.500,000 in approved Bond Issue City money and a
minimum of $1,600,000 from the JCF.
Members of Council
October 14, 1991
Page 4
Nee~ for suitable office space by the City would be
addressed.
Timing relative to meeting the needs of the City
and the desire of the JCF to stabilize the
Jefferson High School building would be met.
Development opportunity to stimulate growth and
stabilize an area of the City in need of capital
investment will be seized.
Re'e~he bid submitted by JCF, Ltd. and not enter into
an Agreement, Deed of Lease and Sublease Agreement at
this time.
Compliance of bidder with requirements of Bid
Documents would not be an issue.
Cost of construction would be moot. However, City
funding may be required should the project be
pursued at a later date.
3. Need for office space by the City would not be
addressed.
Timinq relative to meeting the needs of the City
and the JCF would not be met.
Development opportunity to stimulate growth and
stabilize a neighborhood would be missed.
V. Recommendation:
Cit__~y_~ouncil concur with Alternative A and accept the bid
received.
~ the appropriate City officials to enter into an
Agreement, Deed of Lease and Sublease Agreement to have
the JCF restore, renovate and operate the Jefferson High
School building as a mixed-use community center,
subleasing approximately 15,000 square feet to the City,
with the form of the agreements subject to the approval
of the City Attorney.
Members of Council
October 14, 1991
Page 5
William White, Sr., Chairman
William F. Clark, Director
Publi~ ~
Bria~ J. ~W~shneff, Chief
Economic Development
WW/EDC:kkd
cc: Earl B. Reynolds, Jr., Assistant City Manager
Kathleen M. Kronau, Assistant City Attorney
Joel M. Schlanger, Director of Finance
AGREEMENT
THIS AGREEMENT, made and entered in to this day of
, 19. , by and between the CITY OF ROANOKE, a
municipal corporation of the Commonwealth of Virginia, hereinafter
referred to as "CITY", and the JEFFERSON CENTER FOUNDATION, LTD.,
a private, non-profit foundation organized under the laws of the
Commonwealth of Virginia, hereinafter referred to as "JCF";
W I TN E S S E T H:
WHEREAS, JCF was organized for the purpose of soliciting funds
from the general public to co~tribute to the renovation of the
vacant, City-owned Jefferson High School building ("Building") as a
mixed-use community center facility housing educational, cultural,
governmental and social service agencies; and
WHEREAS, as part of the 1990-94 Capital Improvement Program
submitted to City Council, by Resolution No. 29920-2590, CITY has
allocated Three Million Five Hundred Thousand ($3,500,000) of its
approved Bond Issue for the renovation of the Building; and
WHEREAS, the parties hereto by this Agreement intend to imple-
ment the CITY's Capital Improvements Program and to enable JCF to
go forward ~ith its plans to renovate the Building.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual cove-
nants, agreements, obligations and undertakings herein contained,
the CITY and JCF hereby covenant and agree as follows:
§1. SCOPE.
This project provides for the complete exterior restora-
tion of the Building, the interior renovation of approximately
fifty-five percent (55%) of the Building and the stabilization of
the remaining forty-five percent (45%) of the Building, all as more
specifically set forth in the architectural and engineering plans
provided for hereinafter in this Agreement.
§2. ~UNDING.
JCF shall use its best efforts to obtain contributions in
the amount of TWO MILLION DOLLARS ($2,000,000.00) toward the funding
of this project. As of the date of this Agreement, JCF has obtained
cash contributions and pledges valued at approximately ONE MILLION,
SIX HUNDRED THOUSAND DOLLARS ($1,600,000.00). CITY shall provide
THREE MILLION, FIVE HUNDRED THOUSAND DOLLARS ($3,500,000.00) from
the sale of bonds as authorized by City Council, by Ordinance No.
29918, adopted February 5, 1990, and approved by public referendum
held May 1, 1990, as a gift to JCF toward this project. CITY shall
pay ONE MILLION DOLLARS ($1,000,000.00) of its contribution to JCF
at the time JCF enters into a construction contract pursuant to
Section 4 of this Agreement. The remaining TWO MILLION, FIVE
HUNDRED THOUSAND DOLLARS ($2,500,000.00) shall be paid in three
installments of EIGHT HUNDRED, THIRTY-THREE THOUSAND, THREE HUNDRED
AND THIRTY-THREE DOLLARS AND THIRTY-THREE CENTS ($833,333.33) each.
CITY shall pay the first installment six (8) months after execution
of the construction contract; the second installment twelve months
after the execution of the construction contract; and the third
installment upon the issuance of the certificate of OCCUpancy for
the space to be subleased to the CITY.
The commencement of the project shall not be dependent
upon JCF's ability to obtain binding commitments for its full Two
- 2 -
Million Dollar ($2,000,000.00) share;
vation of
has cash
Finance,
§3.
for
provided, however, that reno-
the auditorium will not be couunenced unless and until JCF
and/or commitments, satisfactory to the Director of
for the full TWO MILLION DOLLARS (82,000,000.00).
ARCHITECTURAL AND ENGINEERING SERVICES.
JCF shall procure architectural and engineering services
the project and shall enter into a Professional services
contract for all phases of the project. JCF shall pay for all
architectural and engineering services exclusively from private
funds. Development and approval of conceptual plans shall be
completed in consultation with the City ~Mnager. Final plans and
specifications shall be subject to the final approval of the City
Manager which approval shall not be Unreasonably withheld.
§4. CONSTRUCTION CONTRACT.
JCF shall procure a contractor to perform the agreed upon
work. Such procurement shall be made in full compliance with the
Virginia Public Procurement Act and the procurement provisions of
the Code of the City of Roanoke (1979), as amended, in consultation
with and subject to the satisfaction of the City Manager. JCF,
through its architectural and engineering contract, shall admini-
ster the construction contract. A construction contract, which may
be phased, shall not be entered into prior to JCF having assured
financial capacity sufficient to offset operating costs, such capa-
city to be subject to verification by CITY. Construction, however,
shall conmlence not later than two (2) years from the date of this
Agreement.
In addition to all other provisions deemed necessary by
JCF or CITY, the Construction Contract shall contain the following
provisions:
(1) Within ten (10) consecutive calendar days after the
award of the contract, the contractor shall furnish JCF a Perfor-
mance Security and Labor and Material Payment Security, each in the
amount of one hundred percent (100%) of the contract amount. The
Performance Security and the Labor and Material Payment Security
shall be furnished in the form of either:
a. Performance Bond and Labor and Material
Payment Bond, forms as provided in the
Contract Documents, made payable to JCF
properly executed by the contractor as
principal and a corporate Surety autho-
rized to transact business in the State
of Virginia. Attorneys-in_fact who exe-
cute the bonds must file with each bond
a certified copy of their Power of Attorney.
b. Certified Check or Cash Escrow in the face
amount required for the Performance Security
and the Labor and Material Payment Security
each made payable to JCF.
(2) The Contractor shall maintain adequate builder's risk
insurance to include Coverage for damages caused by fire, earth-
quake and flood. This insurance shall be in place with the
contractor until final acceptance of the work by JCF and the City
of Roanoke. The insured value for the building shall be the com-
pleted value of the building including the Proposed renovations.
Contractor shall provide JCF with a certificate of insurance
showing the type; amount, and effective date of the policy. The
- 4 -
certificate shall name the City of Roanoke,
and employees as additional insureds and the
(30) days notice
its officials, agents
City shall have thirty
of cancellation, change or reduction in coverage.
(3) Indemnity Provision.
(i) Contractor shall indemnify and hold harmless JCF
and the City of Roanoke ("City") and their officers, agents, and
employees against any and all liability, losses, damages, claims,
causes of action, suits of any nature, cost, and expenses, includ-
ing reasonable attorney's fees and costs of defense, resulting from
or arising out ~of Contractor's activities or omissions, negligent
or otherwise, on construction property or arising out of or resul-
ting from the services to be provided under this Agreement,
including, without limitation, fines and penalties, violations of
federal, state or local laws, or regulations promulgated there-
under, personal injury, wrongful death or property damage claims.
(ii) While on construction property or easement and in its
performance of this Agreement, Contractor shall not transport,
dispose of or release any hazardous substance, material or waste,
except as necessary in performance of its Work under this Agree-
ment and in any event Contractor shall comply with all federal,
state and local laws, rules, regulations and ordinances control-
ling air, water, noise, solid wastes and other pollution, and
relating to the storage, transport, release or disposal of
hazard materials, substances or waste.
Regardless of City or JCF's acquiescence, Contractor
shall indemnify and hold City and JCF, their officers, agents,
and employees, harmless from all costs liabilities, fines or
penalties, including attorney's fees and costs of defense result-
- 5 -
ing from violation of this paragraph and agrees to reimburse City
or JCF for all costs and expenses incurred by City or JCF in
eliminating or remedying such violations. Contractor also agrees
to reimburse City or JCF and hold City and JCF, their~officers,
agents, and employees harmless from any and all costs, expenses,
attorney's fees and all penalties or civil judgments obtained
against the City and/or JCF as a result of Contractor's use or
release of any hazardous substance or waste onto the ground, or
into the water or air from or Upon City's premises.
(iii) ContraCtor agrees to waive any and all statutes of
limitations applicable to any controversy or dispute arising out
of the preceding sections and Contractor further agrees that it
will not raise or plead a statute of limitations defense against
City and/or JCF in action arising out of Contractor's failure to
comply with the preceding sections.
(4) Regulations and Permits
The contractor shall fully comply with all local, State
and federal building and fire codes, ordinances, laws and regu-
lations, including without limitation all applicable sections of
the Occupational Safety and Health Act (OSHA) and the Virginia
Uniform Statewide Building Code, and obtain all required licenses
and permits and pay all charges and expenses connected therewith.
Building permits required by the City of Roanoke must be obtained.
(5) The Contractor, in all solicitations or advertise-
ments for subcontractors placed by or on behalf of the contrac-
tor, will use its best efforts to assure minority subcontractors
of an opportunity to perform a portion of the work.
- 6
~5. INDEMNIFICATION.
JCF shall indemnify and hold harmless the CITY, its
officers, agents and employees, from any and all liability,
losses, damages, claims, cause of action, suits of any nature,
judgments advanced against the CITY and for expenses the CITY may
incur in this regard, including but not limited to attorney's
fees and other costs of defense, arising out of or resulting from
JCF's intentional and negligent acts or omissions with respect to
the rights and privileges granted by CITY to JCF in this
Agreement.
§6. LEASE OF JEFFERSON HIGH SCHOOL BUILDING.
Subsequent to the sighing of the architectural and
engineering services contract, JCF and CITY shall enter into a Deed
of Lease providing for CITY to lease to JCF the Building upon the
terms and conditions provided for in the Deed of Lease attached
hereto as Exhibit A and incorporated herein by reference. Such
agreement shall be effective upon execution thereof.
§7. THIRD-PARTY CONTRACTS:
CITY shall not be obligated or liable hereunder to any
party other than JCF; however, any third-party contract utilizing
funds committed by this Agreement must have the prior written
approval of the City Manager.
§8. DISCRIMINATION PROHIBITED.
In the performance of this Agreement, the parties hereto
shall not discriminate against any contractor, subcontractor, ven-
dor, lessee, sublessee, employee, applicant for employment or invi?
tee because of race, religion, color, sex or national origin except
where race, religion, color, sex or national origin is a bona fide
occupational qualification reasonably necessary to
operation of the parties hereto.
59. SEVERABILITY.
the normal
If any part or parts, section or subsection, sentence,
clause or phrase of this Agreement is for any reason declared to be
unconstitutional or invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remaining por-
tions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused
ment to be executed by their respective officers, as of
year first above set out.
this Agree-
the day and
CITY OF ROANOKE, VIRGINIA
By
~itle
JEFFERSON CENTER FOUNDATION, LTD.
By
Title
Approved as to Form:
City Attorney
- 8 -
DEED OF LEASE
THIS DEED OF LEASE, made this day of
1991, by and between the CITY OF ROANOKE, VIRGINIA, a municipal
corporation of the Commonwealth of Virginia, hereinafter referred
to as "CITY," and the JEFFERSON CENTER FOUNDATION, LTD., a private,
non-profit foundation organized under the laws of the Commonwealth
of Virginia, hereinafter referred to as "JCF";
W I T N E S SETH:
WHEREAS, pursuant to an Agreement dated , 1991 (the
"Agreement"), between the CITY-and JCF, CITY has agreed to lease to
JCF the former Jefferson High School building (the "Building,.) for
the purpose of renovating and rehabilitating the Building for
operation as a mixed-use community center facility housing educa-
tional, cultural and governmental bodies; and
WHEREAS, pursuant to the Agreement, JCF has entered into a
contract for architectural and engineering services for the renova-
tion and rehabilitation of the Building.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual cove-
nants, agreements, obligations and undertakings set forth in this
Agreement, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, CITY does hereby
lease to JCF and JCF agrees to operate the facility, upon the
following terms and conditions:
1. DESCRIPTION OF LEASED PREMISEE. In consideration of the
rent hereinafter reserved and of the covenants hereinafter con-
tained, the CITY does let and demise to JCF and JCF does hereby
take from the CITY that portion of the Building and land, including
the adjacent parking lot on Luck Avenue, designated by the CITY as
the old Jefferson High School Building, such property generally
lying at 540 Campbell Avenue, Southwest in the City of Roanoke,
Virginia, as renovated and rehabilitated in accordance with the
Agreement between the parties dated , 1991. The portion
of the Building and land to be included within the Leased Premises
is more particularly described in Exhibit A attached hereto and
incorporated by reference herein.
2. ~ERM.' The term of this Lease shall be for forty (40)
years commencing upon the exeqution hereof, and shall terminate at
midnight on the fortieth (40th) anniversary of such date, provided,
however, that this Lease shall terminate automatically on the
second (2nd) anniversary of such date if a construction contract
for the rehabilitation and renovation of the Building shall not
have been entered into at that time.
3. RENT AND OPERATING EXPENSES. JCF shall pay as rent a sum
of TEN DOLLARS ($10.00) per annum payable on the first (lst) day of
the first month following the execution of this Deed of Lease.
JCF shall be responsible for all expenses of maintenance,
utilities, custodial services and necessary insurance, including,
but not limited to, electricity, water and sewer, heating fuel,
janitorial supplies, building maintenance, fire and extended
coverage, and liability and comprehensive general liability insur-
ance.
4. OPERATION. JCF agrees to operate and manage the Building
at its sole cost and expense, and CITY hereby authorizes JCF, on
- 2 -
CITY's behalf, to take any and all action necessary or desirable to
Operate the Leased Premises in a commercially reasonable manner for
the intended purpose, such purpose shall generally be understood to
be a mixed-use community center facility housing educ&tional,
cultural, governmental and social service agencies, or such other
uses as may be approved by the City Manager. Any and all operating
revenues in excess of operating expenses shall be used by JCF to
create and maintain an account for the future operation, main-
tenance and restoration of the Leased Premises.
5. MAINTENANCE. JCF shall make necessary minor repairs to
the interior of the Building. JCF also shall make all other
repairs, including structural repairs, repairs to the exterior of
the Building and premises, including roof, sidewalks and parking
areas, and repairs to the electrical, plumbing, heating, ventila-
tion, air conditioning, sprinkler and hot water systems. JCF shall
also make any repairs or changes which maybe necessary to make and
to maintain the premises and the use herein contemplated comply
with applicable laws, ordinances, orders or regulations of any
federal, state or municipal authority now or hereafter in effect.
JCF, whenever the weather shall require, shall heat the premi-
ses. JCF shall pay all charges for water, electricity, and gas or
oil supplied to the premises.
6. INSURANCE. (a) Property Insurance - JCF will obtain and
maintain in force, at its own expense, property insurance with a
replacement cost endorsement to include protection against fire,
flood and earthquake. The insured value should be the value of the
Building plus the value of any completed renovations. The CITY
shall not be liable for damage to the premises by fire, flood,
earthquake
stood that
insurer for
(b)
coverage
boilers,
or other casualty, no matter how caused, it being under-
in case of such damage JCF shall look solely to the
reimbursement and not to the City;
Boiler and Machinery Insurance - JCF shall maintain
for loss or damage by explosion of high pressure steam
air conditioning equipment, pressure vessels, motors or
similar apparatus installed in the Building with limits for
accident as may reasonably be required by the CITY from time
time;
one
~o
(c) General Liability Insurance - JCF shall maintain in force,
at its own expense, broad-form_occurrence_type insurance including
contractual, owners and contractors protective and personal injury
with a combined single limit of $2 million;
(d) Ail insurance provided for herein shall be placed with
insurance companies with Best Rating of an A or better and
authorized to do business in the State of Virginia. JCF shall pro-
vide the City with certificates of insurance showing the type,
amount, and effective dates of the policies. The required certifi-
cates shall name the City of Roanoke, its officials, agents and
employees as additional insureds and the City shall have thirty
(30) days notice of cancellation, change or reduction in insurance
coverage.
7. DESTRUCTION BY FIRE OR OTHER CASUALTY. If during the term
granted by this Lease, the Building shall be damaged by fire,
flood, earthquake or other casualty, JCF shall repair and restore
the same at JCF's expense and as promptly as possible. Notwith-
standing the above, if the extent of such damage or destruction
- 4 -
exceeds fifty percent (50%) of the value of the Building, JCF may
elect not to rebuild. In such event, CITY is entitled to any
amounts due JCF under any insurance policies.
8. QUIET ENJOYMENT. CITY warrants and covenants that the
Building may be used for the purposes herein contemplated through-
out the term of this Lease. JCF shall quietly enjoy the Building
for the full term of this Lease. CITY makes no warranties concern-
ing the condition of the plumbing, heating, air conditioning,
electrical and mechanical devices and appliances of any nature upon
the premises.
9. ~URRENDER. Upon the ~ermination of JCF's occupancy, the
Building shall be surrendered in the condition in which JCF is
hereby required to maintain same. Upon termination, title and
ownership of such materials as may be used in such alterations and
additions and all improvements, fixtures and furnishings made or
installed by JCF shall revert to the CITY.
10. INDEMNIFICATION. JCF agrees to indemnify and hold
harmless the CITY, its officers, agents and employees, from any and
all claims, legal actions and judgments advanced against the CITY
and for expenses the CITY may incur in this regard, including but
not limited to attorney's fees and other costs of defense, arising
out of JCF's intentional and negligent acts or omissions with
respect to the rights and privileges granted by CITY to JCF in this
Agreement.
11. SEVERABILITY. If any part or parts, section or subsec-
tion, sentence, clause or phrase of this Agreement is for any
reason declared to be unconstitutional or invalid by any court of
- 5 -
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Agreement.
12. DISCRIMINATION PROHIBITED. In the performance of this
Agreement, the parties hereto shall not discriminate against any
contractor, subcontractor, vendor, lessee, sublessee, employee,
applicant for employment or invitee because of race, religion,
color, sex or national origin except where race, religion, color,
sex or national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Deed of Lease to be executed by their respective officers as of
the day and year first above set out.
CITY OF ROANOKE, VIRGINIA
ATTEST:
~ary F. Parker, City Clerk
By
~itle
JEFFERSON CENTER FOUNDATION, LTD.
By
Title
- 6 -
SUBLEASE AGREEMENT
THIS SUBLEASE AGREEMENT, made this ~ day of
1991, by and between the CITY OF ROANOKE, VIRGINIA, a municipal
corporation of the Commonwealth of Virginia, hereinafter referred
to as "CITY," and the JEFFERSON CENTER FOUNDATION, LTD., a private,
non-profit foundation organized under the laws of the Commonwealth
of Virginia, hereinafter referred to as "JCF";
W I T NE S S E T H:
WHEREAS, pursuant to an Agreement, dated , 1991, JCF
has renovated and rehabilitated the Jefferson High School Building
with funds provided by JCF and CITY; and
WHEREAS, pursuant to a Deed of Lease dated , 1991
(the "Agreement"), between the CITY and JCF, CITY has agreed to
lease to JCF the renovated and rehabilitated Jefferson High School
building (the "Building") for operation as a mixed-use community
center facility housing educational, cultural and governmental
bodies.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual cove-
nants, agreements, obligations and undertakings set forth in this
Agreement, and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, JCF does hereby
sublease to CITY a portion of the Building upon the following terms
and conditions:
1. DESCRIPTION OF LEASED PREMISES. In consideration of the
rent hereinafter reserved and of the covenants hereinafter con-
tained, JCF does let and demise to CITY and CITY does hereby
take from JCF a fifteen thousand (15,000) square foot portion of
the Building on the first floor accessed by a private entrance,
such area to be fully renovated by JCF in accordance with the
Agreement between the parties dated , 1991 (the
"Leased Premises"). The utilities serving the Leased Premises
shall be installed in such a manner that the CITY will be billed
directly by each utility company for such service. The portion of
the Building to be included within the Leased Premises is more par-
ticularly described in Exhibit A attached hereto and incorporated
by reference herein.
2. TERM. The term of thi~ sublease shall commence upon
receipt of the Certificate of Occupancy for the Leased Premises and
shall terminate simultaneously with the termination of the Deed of
Lease between City and JCF for the lease of the Building, dated
, 1991.
3. RENT AND OPERATING EXPENSES. CITY shall pay as rent a sum
of TEN DOLLARS ($10.00) per annum payable on the first (lst) day of
the first month following receipt of the Certificate of Occupancy.
With respect to the Leased Premises, CITY shall be responsible for
all expenses of minor maintenance, utilities and custodial ser-
vices, including, but not limited to, electricity, water and sewer,
heating fuel, janitorial supplies, and minor building maintenance.
4. ~AINTENANCE. CITY shall make necessary minor repairs to
the interior of the Leased Premises. JCF shall make all other
repairs, including structural repairs, repairs to the exterior of
the Building and premises, including roof, sidewalks and parking
- 2 -
areas, and repairs to the electrical, plumbing, heating, ventila-
tion, air conditioning, sprinkler and hot water systems. JCF shall
also make any repairs or changes which maybe necessary to make and
to maintain the premises and the use herein contemplated comply
with applicable laws, ordinances, orders or regulations of any
federal, state or municipal authority now or hereafter in effect.
CITY, whenever the weather shall require, shall heat the Leased
Premises. CITY shall pay all charges ~or water, electricity, and
gas or oil supplied to the Leased Premises.
5. CON,ON AREA NAINTENANCE. CITY agrees to pay Common Area
Naintenance Fees ("CAN Fees") monthly in arrears. CAN Fees shall
be CITY's pro rata share of all JCF's non-capital maintenance costs
or expenses attributable to the building or grounds as a whole.
CITY's pro rata share of CAN fees will be calculated by multiplying
the total common area maintenance costs and expenses by a fraction,
the numerator of which is the total square footage subleased by the
CITY and the denominator of which is the total square footage o~
leasable space on the Building.
8. NON-APPROPRIATION. If for any year City Council fails to
appropriate funds for the continuance of this Sublease, it shall
automatically terminate upon depletion of the currently allocated
funds.
?. DESTRUCTION BY FIRE OR OTHER CASUALTV. If during the term
granted by this Lease, the Building shall be damaged by fire,
flood, earthquake or other casualty, JCF shall repair and restore
the same at JCF's expense and as promptly as possible. Notwith-
standing the above, i~ the extent of such damage or destruction
- 3 -
exceeds fifty percent (50%) of the value of the Building, JCF may
elect not to rebuild. In such event, this Sublease Agreement shall
terminate.
8. SURRENDER. Upon the termination of CITY's occupancy, the
Leased Premises shall be surrendered in the condition in which CITY
is hereby required to maintain same.
9. INDEMNIFICATION. CITY agrees to indemnify and hold
harmless the JCF, its officers, agents and employees, from any and
all claims, legal actions and judgments advanced against the JCF
and for expenses the JCF may incur in this regard, including but
not limited to attorney's fees and other costs of defense, arising
out of CITY's intentional and negligent acts or omissions with
respect to the rights and privileges granted by JCF to CITY in this
Sublease Agreement.
10. SEVERABILITY. If any part or parts, section or subsec-
tion, sentence, clause or phrase of this Agreement is for any
reason declared to be unconstitutional or invalid by any court of
competent jurisdiction, such decision shall not affect the validity
of the remaining portions of this Agreement.
11. DISCRIMINATION PROHIBITED. In the performance of this
Agreement, the parties hereto shall not discriminate against any
contractor, subcontractor, vendor, lessee, sublessee, employee,
applicant for employment or invitee because of race, religion,
color, sex or national origin except where race, religion, color,
sex or national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of the parties
hereto.
- 4 -
IN WITNESS WHEREOF, the parties hereto have caused this Sub-
lease Agreement to be executed by their respective officers as of
the day and year first above set out.
ATTEST:
CITY OF ROANOKE, VIRGINIA
By
Mary F. Parker, City Clerk Title
JEFFERSON CENTER FOUNDATION, LTD.
By
Title
- 5 -
MARY F. PARKER
City Clerk
CITY OF ROANOKR
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, V'wginia 24011
Telephone~ (703)981-2541
September 25, 1991
File #467
,.~,NDRAH. E,M~N
Deputy City Clerk
Mr. William White, Sr., Chairman )
Mr. William F. Clark ) Committee
Mr. Brian J. Wishneff )
Gentlemen:
The following bid for renovation and restoration of the Jefferson High School
Building, was opened and read before the Council of the City of Roanoke at a regular
meeting held on Monday, September 23, 1991:
BIDDER
ANNUAL RENTAL FEE CAPITAL INVESTMENT
Jefferson Center
Foundation, Ltd.
$10.00
$1,600,000.00
On motion, duly seconded and adopted, the bid was referred to you for study,
report and recommendation to Council
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:fa
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
MARY F. PARKER
City Clerk
CITY OF ROANOKI .
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #28-467-29-169-256
~L~iDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30742-102191 authorizing the granting of an
easement to Appalachian Power Company across Fishburn Park Elementary School
property, upon certain terms and conditions, to serve Roanoke Valley Swimming,
Inc. Ordinance No. 30742-102191 was adopted by the Council of the City of Roanoke
on first reading on Monday, October 14, 1991, also adopted by the Council on second
reading on Monday, October 21, 1991, and will take effect ten days following the date
of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
pc:
Mr. M. P. Paitsel, Right-of-Way Agent, Appalachian Power Company, P. O.
Box 2021, Roanoke, Virginia 24022
Mr. Dougias Fonder, Roanoke Valley Swimming, Inc., P. O. Box 556, Vinton,
Virginia 24179
Mr. Richard L. Keliey, Executive for Business Affairs and Clerk of the
Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. Wiliiam F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. George C. Snead, Jr., Director of Administration and Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 21st Day of October, 1991.
No. 30742-102191.
AN ORDINANCE authorizing the granting of an easement to
Appalachian Power Company across Fishburn Park Elementary School
property, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and the City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, an
appropriate agreement and other necessary documentation for the
granting of an easement across Flshburn Park Elementary School
property to Appalachian Power Company in a location as shown on
APCO Drawing No. R-2845 to serve Roanoke Valley Swimming, Inc., and
as more particularly set forth in the report to this Council dated
October 14, 1991.
ATTEST:
City Clerk.
CITY
'91 OCT -2
Roanoke, Virginia
October 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Appalachian Power Company (APCO)
Easement, Fishburn Park Elementary School Property
Roanoke Valley Switching, Inc. (RVSI)
The attached staff report was considered by the Water Resources
Committee at its meeting on September 23, 1991. The Committee recommends
that Council authorize the execution of an APCO agreement establishing
an easement to provide electric service to Roanoke Valley Swimming, Inc. in
accordance with conditions stated in the attached report.
Respectfully submitted,
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Administration & Public Safety
Manager, Parks & Grounds
Executive for Business Affairs, School Board
City Engineer
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
RE:
September 23, 1991
W.~Re~s.,~ter Resources Committee
B. Kiser, Dir~c~_Q~ Utilities & Operations thru
Robert Herbert~-Cit~ Manager
APPALACHIAN POWER COMPANY (APCO)
EASEMENT, FISHBURN PARK ELEMENTARY SCHOOL PROPERTY
ROANOKE VALLEY SWIMMING, INC. (RVSI)
I. Background:
Construction of indoor swimming pool on Fishburn Park
School property was authorized by City Council by
Ordinance No. 30534-52891, dated May 28, 1991.
Construction has begun.
II. Current Situation:
A. Agreement providing for easement needed by APCO has
been submitted (see attached).
Electric power easement serving the swimming facility
extends from an existing transformer near the westerly
end of the school toward McNeil Drive, S.W. and along
the edge of the right-of-way to the new building (see
APCO Drawing No. R-2845, attached).
Electric power line has been installed, underground,
in the easement. This was authorized by School Admin-
istration, subject to City Council's agreement, in
order to permit construction to begin on facility.
III. Issues:
A. Need
B. Timing
IV. Alternatives:
Committee recommend to City Council that it authorize
the Mayor and City Clerk to execute and attest,
respectively, an Agreement establishing an electric
power easement across Fishburn Park Elementary School
property in a location as shown on APCO Drawing No. R-
2845 (attached) to serve Roanoke Valley Swimming, Inc.
Water Resources Committee
September 23, 1991
Page 2
1. Need for electric service to facility is met.
2. Timinq to install system as soon as possible is met.
Committee not recommend to City Council that it
authorize the Mayor and City Clerk to execute an
agreement providing electric service to the Roanoke
Valley Swimming, Inc.
1. Need for electric service to facility not met.
2. Timinq is moot.
Recommendation: Committee recommend to City Council that
it authorize the execution of an APCO agreement establish-
ing an easement to provide electric service to Roanoke
Valley Swimming, Inc. in accordance with Alternative "A".
KBK/RVH\fm
Attachment
cc:
City Attorney
Director of Finance
Director of Administration & Public Safety
Manager, Parks & Grounds
Executive for Business Affairs School Board
City Engineer
MAP. NO. 3780-301-84
Property No. 2
Eas. No.
W.O. 750-0011
J.O. 91-0864
THIS AGREEMENT, made this 25th day, of July, 1991, by and between
the CITY OF ROANOK£, a municipal corporation existing under the laws of the
Commonwealth of Virginia, herein called "Grantor" and APPALACHIAN POWER
CCXMPANY, a Virginia public service corporation, herein called "APPALACHIAN".
W- I-T-N-E-S-S-E-T.H
THAT FOR AND IN CONSIDEP. ATION of the s~ml of ONE DOLLAR ($1.00), the
receipt of which is hereby acknowledged, the Grantor hereby gives license
and permit to Appalachian, its successors and assigns, and the right,
privilege and authority to Appalachian, its successors and assigns, to
construct, erect, install, place, operate, remove, add to, and maintain a
line or lines for the purpose of providing electric service underground to
Roanoke Valley Swim Club, located on lands with "Fishburn Park Elementary
School", in the City of Roanoke, Virginia.
BEING a right of way, in, on, along, through, across
or under said lands for the purpose of providing electric
service to "Roanoke Valley Swim Club".
The location of said electric facilities being shown
on print of Appalachian Power Company's Drawing No.
R-2845, dated 7-22-91, and entitled, "Proposed Right
of Way on Property of the City of Roanoke, Virginia",
attached hereto and made a part hereof.
It is understood and agreed, in the future, Appalachian,
upon written notice from the Granter shall relocate,
for one (1) time only, at Appalachian's expense, said
facilities to another location on said premises provided
the Grantors, their successors or assigns, furnish without
cost to Appalachian, a satisfactory new location for
said facilities.
TOGETHER with the right to said Appalachian, its successors and
assigns, to place, maintain, inspect, and add to the number of underground
conduits, ducts, cables, wires, transformers, pedestals, risers, pads,
fixtures and appurtenances (herein called "Appalachian Facilities") in, on,
and under the premises above referred to; with prior consent in writing of
the Grantor, to remove from said promises any obstruction which may endanger
the safety or interfere with the use of said Appalachian Facilities; and
the reasonable right of ingress and egress to and over the premises above
referred to and any of the adjoining lands of Grantor, at any and all
reasonable times, for the purpose of patrolling the line, or repairing,
renewing or adding to the number of said Appalachian Facilities; and for
doing anything necessary or useful or convenient for the enjoyment of the
rights herein granted; also the privilege of removing at any time any or
all of said improvements erected in, on, or under said lands. The Grantor
hereby grants, conveys and warrants to Appalachian Power Company a
non-exclusive right of way easement for electric facilities.
In the event Appalachian should remove all of its facilities from
the lands of the Grantor, then all of the rights, title and interest of
Appalachian in the right of way and license hereinabove granted, shall revert
to the Grantor, its successors and assigns.
Appalachian agrees to indemnify and save harmless the Grantor against
any and all loss or damage, accidents, or injuries, to persons or property,
whether of the Grantor or any other person or corporation, arising in any
manner from the negligent construction, operations, or maintenance, or failure
to properly construct, operate, or meintain the said Appalachian's facilities.
-2-
TO HAVE AND TO HOLD the same unto the said Appalachian Power Company,
its successors and assigns.
WITNESS the signature of the City of Roanoke by
its , and its municipal seal hereto affixed and attested by
MARY F. PARKER, its City Clerk pursuant to Ordinance No. adopted
on
CITY OF ROANOKE
ATTEST:
CITY CLERK
STATE OF VIRGINIA)
) TO WIT:
CITY OF R(~ANOKE
· a Notary Public in and for the City
and State aforesaid, do certify that
and
· and City Clerk, respectively, of the City of Roanoke,
whose names as such are signed to the writing above, bearing date the
day of ., lg . , have each acknowledged the same before
me in my jurisdiction aforesaid.
Given under my hand this . day of
, 19_
My Commission Expires:
NOTARY PUBLIC
-3-
FISH E~UR N PARK
ELEMENTARY SCHOOL
NEW POOL
301-9 - 46
CITY OF' ROANO/~E VA.
GTD 4939F/400111-87
T D, 665020
AI~ALACHIAN laOW~R COIIPANY
ROANOKE VIRGINfA
kNOKE DIVISION 'i~ :), DEPARTMENT
PROPOSE D RIGHT OF' WAY
ON PROPERTy Of
THE CITY OF ROANOKE VIRGINIA
~ ~ R- 284.5
Office of the City Engineer
August 29, 1991
Mr. Richard L. Kelley
Executive for Business Affairs
and Clerk of the Board
Roanoke City Schools
P.O. Box 13145
Roanoke, VA 24031
RE: FISHBURN PARK SCHOOL PROPERTY
Dear Mr. Kelley:
We have received a proposed Agreement from Appalachian Power
Company (APCO) providing for an easement across school property
to serve the new Roanoke Valley Swim Club facility. We under-
stand that you have already given permission to APCO for the
provision of electric service to permit construction to begin.
Standard practice requires action by the School Board to
approve such proposals on properties used for school purposes
prior to our sending it on through the Water Resources Committee
to City Council for approval.
Would you please take the steps necessary to provide us with
School Board action regarding this request?
Thank you for your cooperation and assistance. If we can
provide additional information, please let me know.
Sincerely,
Richard V. Hamilton
Right-of-Way Agent
RVH/fm
Attachment (Map)
cc: Kit B. Kiser, Director, Utilities & Operations
M. P. Paitsel, Right-of-Way Agent, APCO
Room 350, MunicJp~! Building 215 Church Avenue. S.W. Roanoke, ¥6rginii 24011 (703) g81-273~
Roanoke
City Public Schools
Division of Business Affairs · P. O. Box 13105, Roanoke, Virginia 24031
September 3, 1991
Mr. Richard V. Hamilton
Right-of-Way Agent
350 Municipal Building
Roanoke, VA 24011
Dear Mr. Hamilton:
The Roanoke City School Board, at its August 13 meeting,
approved a request from Appalachian Power Company for an
underground easement to install power lines on property adjacent to
James Madison Middle School for the indoor swimming facility.
If you need additional information, please let me know.
Sincerely,
Richard L. Kelley
Executive for Business Affairs
rg
Excellence in Education
,MARY F. PARKER
City Clerk
CITY OF ROANOI
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room
Roanoke. Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #28-29-305-169
SANDRA H. F. AglN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30743-102191 authorizing the granting of an
easement to Appalachian Power Company across City property located at Coyner
Springs, upon certain terms and conditions, in order to provide electrical service
to the Crisis Intervention Center. Ordinance No. 30743-102191 was adopted by the
Council of the City of Roanoke on first reading on Monday, October 14, 1991, also
adopted by the Council on second reading on Monday, October 23, 1991, and will
take effect ten days foliowing the date of its second reading.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno o
pc:
Mr. M. P. Paitsel, Right-of-Way Agent, Appalachian Power Company, P. O.
Box 2021, Roanoke, Virginia 24022
Mr. T. L. McMahan, Engineering Supervisor, Appalachian Power Company,
P. O. Box 2021, Roanoke, Virginia 24022
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. WilHam F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Richard V. Hamilton, Right-of-Way Agent
Mr. James D. Ritchie, Director of Human Resources
Ms. Annie Krochalis, Manager, Crisis Intervention Center
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 21st Day of October, 1991.
No. 30743-102191.
VIRGINIA,
AN ORDINANCE authorizing the granting of an easement to
Appalachian Power Company across City property located at Coyner
Springs, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and the City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, an
appropriate agreement and
granting of an electrical
property to Appalachian
electrical service to the
other necessary documentation for the
power easement across Coyner Springs
Power Company in order to provide
Crisis Intervention Center as shown on
APCO Drawing No. R-2850, and as more particularly set forth in the
report to this Council dated October 14, 1991.
ATTEST:
City Clerk.
RECEP..'ED
'91 OCT-2
Roanoke, Virginia
October 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Appalachian Power Company (APCO)
Easement, Crisis Intervention Center
The attached staff report was considered by the Water Resources
Committee at its meeting on September 23, 1991. The Committee recommends
that Council authorize the execution of an APCO agreement establishing an
easement to provide electric service to the Crisis Intervention Center in
accordance with conditions stated in the attached report.
Respectfully submitted,
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Human Resources
Engineering Project Manager
INTERDEPARTMENTAL COMMUNICATION
DATE: September 23, 1991
TO: M~mbers, Water Resources Committee
FROM:~B.~i~r, Director of Utilities & Operations, thru
[~. Robert Herbert, City Manager
SUBJECT: APPALACHIAN POWER COMPANY (APCO)
EASEMENT, CRISIS INTERVENTION CENTER
I. Background:
Coyner SDrings property has been City-owned
for many years. City Nursing Home and
Juvenile Detention Home are located on the
property.
B. Considerable vacant acreaqe remains. Most of
this is currently leased for farm use.
II. Current Situation:
Crisis Intervention Center is being built on
vacant acreage between the Nursing Home and
the Juvenile Detention Home.
Electric power easement is needed by APCO to
extend overhead power from an existing pole
(No. 184-546) near the Nursing Home, along the
new access road, to the site of the new
structure (see map).
III. Issues:
A. Need
B. Timinq
Water Resources
August 8, 1991
Page 2
Committee
IV. Alternatives:
A
Committee recommend to City Council that it
authorize the Mayor and City Clerk to execute
and attest, respectively, an Agreement establishing an
electric power easement across Coyner Springs property in
a location as shown on APCO Drawing No. R-2850 (attached)
to serve the new Crisis Intervention Center.
1. Need for electric service
facility is met.
to
Timinq to install system as soon
as possible is met.
Bo
Committee not recommend to City Council that
it authorize the Mayor and City Clerk to
execute an agreement providing electric
service to the Crisis Intervention Center.
1. Need for electric service to
facility not met.
2. Timinq is moot.
Recommendation: Committee recommend to City Council that it
authorize the execution of an APCO agreement establishing an
easement to provide electric service to the Crisis
Intervention Center in accordance with Alternative "A".
KBK\RVH/fm
Attachment
cc:
City Attorney
Director of Finance
Director of Human Resources
Engineering Project Manager
HAP NO. 3780-184 B W.O. 750-0011
Property No. 2 J. O. 91-0903
Eas. No.
THIS AGREEMENT, made this 7th day, of August 1991, by and between the
CITY OF ROANOKE, a municipal corporation existing under the laws of the
Commonwealth of Virginia, herein called "GRANTOR", and APPALACHIAN POWER
COMPANY, a Virginia public service corporation, herein called "APPALACHIAN."
WI TN ESS£TH:
THAT FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00), the
receipt of which is hereby acknowledged, the GRANTOR hereby gives license
and permit to APPALACHIAN, its successors and assigns, and the right,
privilege and authority to said APPALACHIAN, its successors and assigns,
to construct, erect, operate, and maintain a line or lines for the purpose
of upgrading electric power overhead to Roanoke City Crisis Intervention
Center, in The County of Botetourt, Virginia.
BEING a right of way, in, on, along, over, through, across
or under said lands for the purpose of serving the new
Roanoke City Crisis Intervention Center adjacent to
Roanoke City Nursing Home on the Coyner Spring Road in
the Bonsack area.
The location of said electric facilities being shown
on print of Appalachian Power Company's Drawing No. R-
2850, dated August 7, 1991, and entitled, "Proposed Pole
Location City of Roanoke Property at the Roanoke City
Crisis Intervention Center," attached hereto and made
a part hereof.
It is understood and agreed, in the future, Appalachian,
upon written notice from GRANTOR, shall relocate, for
one {1} time only, at Appalachian's expense, said
facilities to another location on said premises provided
the Grantors, their successors or assigns, furnish without
cost to Appalachian, a satisfactory new location for
said facilities.
TOGETHER with the right to said APPALACHIAN, its successors and assigns,
to place, maintain, inspect, and add to the number of poles, crossarms, wires,
cab)es, transformers, guys, and anchors in, on, and under the premises above
referred to; with prior consent in writing of the GRANTOR, to remove from
said premises any obstruction which may endanger the safety or interfere
with the use of said poles, crossarms, cables, transformers, guys and anchors;
and the reasonable right of ingress and egress to and over the premises above
referred to and any of the adjoining lands of the party of the GRANTOR, at
any and all reasonable times, for the purpose of-patrolling the line, or
repairing, renewing or adding to the number of said poles, crossarms, wires,
cab)es, transformers, guys and anchors$ and for doing anything necessary
or useful or convenient for the enjoyment of the rights herein granted; also
the privilege of removing at any time any or all of said improvements erected
in, on, or under said land. The GRANTOR hereby grants, conveys and warrants
to Appalachian Power company a nonexclusive right of way easement for electric
facilities.
In the event APPALACHIAN should remove all of its poles, crossarms,
wires, cables, transformers, guys and anchors; from the lands of the GRANTOR,
then all of the rights, title and interest of the party of APPALACHIAN in
the right of way and license herminabove granted, shall revert to the GRANTOR,
its successors and assigns.
APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any
and al) loss or damage, accidents, or injuries, to persons or property,
whether of the GRANTOR or any other person or corporation, arising in any
manner from the negligent construction, operations, or maintenance, or failure
to properly construct, operate, or maintain the said poles, crossarms, wires,
cables, transformers, guys and anchors of APPALACHIAN.
TO HAVE AND TO HOLD the same unto the said Appalachian Power Company,
its successors and assigns.
WITNESS the signature of the City of Roanoke by , its
, and its municipal seal hereto affixed and attested by MARY
F. PARKER, its City Clerk pursuant to Ordinance No. adopted
on
CITY OF ROANOKE
ATTEST:
MAYOR
CITY CLERK
STATE OF VIRGINIA)
) TO WIT:
CITY OF ROANOKE )
I,
and State aforesaid, do
, a Notary Public in and for the City
certify that and
and City C]erk, respectively, of the City of Roanoke· whose names as such
are signed to the writing above, bearing date the day of
19 __, have each acknowledged the same before me in my jurisdiction
aforesaid.
Given under my hand this
Commission Expires:
day of
, 19
NOTARY PUBLIC
CtyRoa/MPp
PROPOSED OV£tCH£AD l./NE
COUNTy Of ROtETOURT, va.
t. D. 667000
BLUE RIDGE DISTRICT
GTO 4939F/400/11-87
EXI3TING POLE
184 -:546
APPALA~N ~ COMPANY
ROANOKE VIRGIN IA
ROANOKE DIVISION "~ &D. DEPARTMENT
PROPOSED RIGHT Of waY
ON PROPERTY OF
CITY OF ROANOKE
la~llal,i, LM.A. Jl~! B-7-91
~w,. ~t, J.B.A.Itl I# =lO0,'
DllAt~IN~ ~ R - 2850
0 rn
Director of Utilities ~ Operations
Mr. T. L. McMahan
Engineering Supervisor
Appalachian Power Co.
P.O. Box 2021
Roanoke, VA 24022
August 12, 1991
RE:
POWER LINE EASEMENT
CRISIS INTERVENTION CENTER
COYNER SPRINGS
Dear Mr. McMahan:
Mr. B. W. Hagerman, Right-of-Way Agent, has provided us with a
proposed Agreement for the provision of an easement on Coyner
Springs property to serve the new Crisis Intervention Center.
It will take some time to complete the processing of this
matter and obtain City Council's approval. As you need to proceed
with this installation as soon as possible, by this letter we are
granting you permission to make this installation in accordance
with the provisions of the proposed Agreement, as revised, if
necessary. This administrative permission is granted subject to
ratification by Roanoke City Council.
You will be notified of the dates and times of the meetings of
the Water Resources Committee (Council's Real Estate Committee) and
City Council when they consider this matter. A representative may
attend if desired.
Sincerely,
set, Director
Utilities &Operations
KBK/RVH/fm
CC:
James D. Ritchie, Director, Human Resources
Charles M. Huffine, P.E., City Engineer
Richard V. Hamilton, Right-of-Way Agent
John A. Peters, III, P.E., Project Manager
M. P. Paitsel, Right-of-Way Agent, APCO
Room 354 Municipal Building 215 Church Avenue, SW Roanoke Virginia 24011 (703) 981-2602
MARY F. PARKER
City Clerk
CITY OF ROANOIO .
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #29-207-169
SANDRA H. EAION
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30744-102191 authorizing execution of an
agreement with Appalachian Power Company for installation and maintenance of an
electric power pole upon property located in the Roanoke Centre for Industry and
Technology, as more fully set forth in a report of the Water Resources Committee
under date of October 14, 1991. Ordinance No. 30744-102191 was adopted by the
Council of the City of Roanoke on first reading on Monday, October 14, 1991, also
adopted by the Councli on second reading on Monday, October 21, 1991, and will
take effect ten days following the date of its second reading.
Sincerely, ~.~__
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
Mr. M. P. Paitsel, Right-of-Way Agent, Appalachian Power Company, P. O.
Box 2021, Roanoke, Virginia 24022
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. William F. Clark, Director of Public Works
Mr. Brian J. Wishneff, Chief of Economic Development
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 21st Day of October, 1991.
No. 30744-102191.
VIRGINIA,
AN ORDINANCE authorizing the execution of an agreement with
Appalachian Power Company for installation and maintenance of an
electric power pole upon property located in the Roanoke Centre for
Industry and Technology.
BE IT ORDAINED by the Council for the City of Roanoke that the
City Manager and the City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, an
appropriate agreement with Appalachian Power Company for the
installation and maintenance of an electric power pole at the
location shown on APCO Drawing No. R-2832 on property of the City
of Roanoke, located at the Roanoke Centre for Industry and
Technology, and as more particularly set forth in the report to
this Council dated October 14, 1991.
ATTEST:
City Clerk.
RECE~VEO
CITY C~ ~,~ ~ ! F':!C~'
'91 OCT -2 o
Roanoke, Virginia
October 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Appalachian Power Company - Agreement for New Pole Location -
Roanoke Centre for Industry & Technology
The attached staff report was considered by the Water Resources
Committee at its meeting on September 23, 1991. The Committee recommends
that Council authorize the installation of a new electric power pole, by
APCO, on City (RCIT) property pursuant to agreement in form approved by
City Attorney in accordance with conditions stated in the attached report.
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Public Works
Chief, Economic Development
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
RE:
September 23, 1991
Members, Water Resources Committee
· ~iser, Di~e~ iof~ Utilities & Operations, thru
W. Robert Herber~anager
APPALACHIAN POWER COMPANY (APCO)
AGREEMENT FOR NEW POLE LOCATION
ROANOKE CENTRE FOR INDUSTRY & TECHNOLOGY (RCIT)
I. Back~round:
Electric power service system along U.S. 460, Orange Avenue, N.E., is
being upgraded by APCO. This system serves RCIT and other customers
in that area.
B. Present overhead system has poles located along the edge of, and within,
the right-of-way of Orange, N.E.
II. Current Situation:
A. New APCO System will involve the use of larger cable which has a
greater sag than current system.
Supporting System of City's traffic signal system at the intersection
of Orange Avenue and Blue Hills Drive, N.E. would be in the way of new
power cable if existing poles only were used. A new, taller, pole is
desired near the northeast corner of the intersection. The west-
bound right turn lane from Orange Avenue, N.E. into Blue Hills Drive,
N.E. extends to the limits of the right-of-way leaving no room in the
right-of-way for the new pole. This makes it necessary to place the
new pole on City (RCIT) property (see attached Agreement and map).
III. Alternatives:
Committee recommend to City Council that it authorize the City Manager
and City Clerk to execute an Agreement (attached) permitting APCO to
install, and maintain, an electric power pole at the location shown on
APCO Drawing No. R-2832, a part of the attached Agreement, on the
property of the City in RCIT. Agreement provides for 1 relocation and
for APCO to indemnify the City.
Water Resources Committee
RE: APCO/New Pole at RCIT
September 23, 1991
Page 2
Be
1. Need by petitioner for pole site is met.
2. Timin~ to permit APCO's contractor to make installation imme-
diately is met.
Committee not recommend to City Council that it authorize the
installation of a new APCO pole on City (RCIT) property.
1. Need by petitioner for pole site is not met.
2. Timing to allow immediate installation is not met.
IV.
Recommendation: Committee recommend to City Council that it authorize the
installation of a new electric power pole, by APCO, on City (RCIT) prop-
erty pursuant to agreement in form approved by City Attorney in accordance
with Alternative "A".
KBK/RVH/fm
Attachment
cc:
City Attorney
Director of Finance
Director of Public Works
Chief, Economic Development
MAP NO. 3780-231-C1 & C2 N.O. 750-0011
Property No. 2 J. O. 91-0753
Eas, No,
THIS AGREEMENT, made this 6th day, of June, 1991, by and between the
CITY OF ROANOKE, a municipal corporation existing under the laws of the
Commonwealth of Virginia, herein called "GRANTOR", and APPALACHIAN POWER
COMPANY, a Virginia public service corporation, herein called "APPALACHIAN."
WI TNE SSETH:
THAT FOR AND IN CONSID£RATION of the sum of ONE DOLLAR ($1.00), the
receipt of which is hereby acknowledged, the GRANTOR hereby gives license
and permit to APPALACHIAN, its successors and assigns, and the right,
privilege and authority to said APPALACHIAN, its successors and assigns,
to construct, erect, operate, and maintain a line or lines for the purpose
of upgrading electric power overhead to Roanoke Centre For Industry and
Technology, in The City of Roanoke, Virginia, and other customers in this
area.
BEING a right of way, in, on, along, over, through, across
or under said lands for the purpose of making more
reliable electric service available to facilities located
in Roanoke Centre For Industry and Technology and other
customers on the "Bonsack/Granby Circuit."
The location of said electric facilities being shown
on print of Appalachian Power Company's Drawing No. R-
2832, dated May g, lggl, and entitled, "Proposed Pole
Relocation City of Roanoke Property on US 460 East of
Blue Hills Drive," attached hereto and made a part hereof.
It is understood and agreed, in the future, Appa]achian,
upon written notice from GRANTOR, shall relocate, for
one (1) time only, at Appalachian's expense, said
facilities to another location on said premises provided
the Grantors, their successors or assigns, furnish without
cost to Appalachian, a satisfactory new location for
said facilities.
TOGETHER with the right to said APPALACHIAN, its successors and assigns,
to place, maintain, inspect, and add to the number of poles, crossarms, wi res,
cables, transformers, guys, and anchors in, on, and under the premises above
referred to; with prior consent in writing of the GRANTOR, to remove from
said premises any obstruction which may endanger the safety or interfere
with the use of said poles, crossarms, cables, transformers, guys and anchors;
and the reasonable right of ingress and egress to and over the premises above
referred to and any of the adjoining lands of the party of the GRANTOR, at
any and all reasonable times, for the purpose of patrolling the line, or
repairing, renewing or adding to the number of said poles, cressarms, wires,
cables, transformers, guys and anchors; and for doing anything necessary
or useful or convenient for the enjoyment of the rights herein granted; also
the privilege of removing at any time any or all of said improvements erected
in, on, or under said land. The GRANTOR hereby grants, conveys and warrants
to Appalachian Power company a nonexclusive right of way easement for electric
facilities.
In the event APPALACHIAN should remove all of its poles, crossarms,
wire~, cables, transformers, guys and anchors; from the lands of the GRANTOR,
then all of the rights, title and interest of the party of APPALACHIAN in
the right of way and license hereinabove granted, shall revert to the GRANTOR,
its successors and assigns.
APPALACHIAN agrees to indemnify and save harmless the GRANTOR against any
and all loss or damage, accidents, or injuries, to persons or property,
whether of the GRANTOR or any other person or corporation, arising in any
manner from the negligent construction, operations, or maintenance, or failure
to properly construct, operate, or maintain the said poles, crossarms, wires,
cables, transfomers, guys and anchors of APPALACHIAN.
TO HAVE AND TO HOLD the same unto the said Appalachian Power Company,
its successors and assigns.
WITNESS the signature of the City of Roanoke by its
, and its municipal seal hereto affixed and attested by MARY
F. PARKER, its City Clerk pursuant to Ordinance No. adopted
on
CITY OF ROANOKE
A1-FEST:
CITY CLERK
STATE OF VIRGINIA)
) TO WIT:
CITY OF ROANOKE )
I, , a Notary Pub]lc in and for the City
and State aforesaid, do certify that and
and 'City Clerk, respectively, of the City of Roanoke, who;e names as such
are signed to the writing above, bearing date the c~y of ,
19 __, have each acknowledged the same before me in my jurisdiction
aforesaid.
Given under my hand this
My Commission Expires:
__ day of
, 19
CtyRoa/MPP
NOTARY PUBLIC
3780-231 Cl& C2
ROANOKE CENTRE FO/R INDUSTRy
& TECHNOLOGY
I--37'
BACK C
PARCE~lC
460
.107
CITy OF ROANOKF
CITY OF ROANOKE VA. '[D.665020
APPALACHIAN POWER COMPANY
ROANOKE VIRGINIA
DIVISION T.t., D. DEPARTMENT
PROPOSED POLE RELOCATION
CITY OF' ROANOKE PROPERTY
ON U.S. RT 460
minim m, J.E.w ~ 5-9-91
Al,~, i~ J.B.A. III ~ 1'=200'
DllAWll~ NO. R-2852
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #29-28-298-169
SANDRA H. EAKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30745-102191 authorizing the granting of an
easement to Appalachian Power Company from Norfolk Avenue, S. E., to and
including the transformer pad on the Dominion Tower Building, as more fully set
forth in a report of the Water Resources Committee under date of October 14, 1991,
upon certain terms and conditions. Ordinance No. 30745-102191 was adopted by the
Council of the City of Roanoke on first reading on Monday, October 14, 1991, also
adopted by the Council on second reading on Monday, October 21, 1991, and will
take effect ten days following the date of its second reading.
Sincerely, ~/~.~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
pc:
Mr. M. P. Paitsel, Right-of-Way Agent, Appalachian Power Company, P. O.
Box 2021, Roanoke, Virginia 24022
Mr. Kit B. Kiser, Director of UtiLities and Operations
Mr. WiLiiam F. Clark, Director of PubLic Works
Mr. Charles M. Huffine, City Engineer
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
lhe 215t Day of 0¢t0ber, 1991.
No. 30745-102191.
AN ORDINANCE authorizing the granting of an
Appalachian Power Company on Norfolk Avenue, $.E.,
terms and conditions.
easement to
upon certain
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and the City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, an
appropriate agreement and other necessary documentation for the
granting of an easement to Appalachian Power Company from Norfolk
Avenue, S.E. to and including the transformer pad on the Dominion
Tower Building, as more particularly set forth in the report to
this Council dated October 14, 1991.
ATTEST:
City Clerk.
RECE~V£O
CITY ? ?!"; i~FF;rE
'91 O~T-2 ~9:,'78
Roanoke, Virginia
October 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Appalachian Power Company Agreement -
Easement on City Property -
Dominion Tower Building
The attached staff report was considered by the Water Resources
Committee at its meeting on September 23, 1991. The Committee recommends
that Council authorize an APCO easement across City property to serve the
Dominion Tower in accordance with conditions stated in the attached report.
Respectfully submitted,
Elizabeth T. Bowles, Chairman
ETB:KBK:afm
Attachment
CC:
Water Resources Committee
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Public Works
City Engineer
M. P. Paitsel, Right-of-Way Agent, APCO
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 23, 1991
Bers,, Water Resources Committee
'Ki/~er D1 e'
· , '~]~f Utilties & Operations,
W. Robert Herber~tu~Manager
APPALACHIAN POWER COMPANY (APCO) AGREEMENT
EASEMENT ON CITY PROPERTY
DOMINION TOWER BUILDING (TOWER)
thru
I. Background:
Property allocation on Tower site placed all land between
building and street right-of-way in City ownership for
the maintenance and control of trees and other plantings.
B. Transformer pad for use by APCO is located on Norfolk
Avenue, S.E. side of Tower adjacent to structure.
II.
Current Situation:
A.
APCO underground power lines must pass through strip of
City-owned planting area to reach transformer pad. This
necessitates Council approval.
Need for APCO easement was not recognized in design phase
as property was considered to be similar to street right-
of-way where franchisees may install their facilities
without Council action.
III. Issues:
A. Need
B. Timing
IV. Alternatives:
Committee recommend to City Council that it authorize the
City Manager and City Clerk to execute and attest
respectively an APCO Agreement establishing an easement
from Norfolk Avenue, S.E. to and including, the trans-
former pad on the Dominion Tower Building.
Water Resources Committee
RE: APCO Agreement Easement/
Dominion Tower Building
September 23, 1991
Page 2
1. Need by APCO for access to transformer pad is met.
2. Timinq to authorize easement as quickly as possible
is met.
Committee not recommend to City Council that it authorize
an APCO easement to serve the Dominion Tower Building.
1. Need for easement not met.
2. Timinq for installation of permanent electric power
to building not met.
Recommendation: Committee recommend to City Council that it
authorize an APCO easement across City property to serve the
Dominion Tower in accordance with Alternative "A".
KBK/RVH/fm
cc:
City Attorney
Director of Finance
Director of Public Works
City Engineer
M. P. Paitsel, Right-of-Way Agent, APCO
NORFOLK AVENUE,
R/W VARIES
(PUBLIC)
S.E.
FY LINE-
/
BRICK WATE~._~ ~
VAULT
/.~ 9.9'
S88'48'53"E
· -- 1.38'
SIDEWALK TRACT (Ill)
99.46'
24.84'
,369.63' TOTAL
NEW PARCEL 2-
CONC. TRANSFORMEI!
~, 13.15' - - 7.40'
>-,,o. · ..~.: ..:...: .. ,
c4 PPROX. LOCATION . ~ ". ,." ' <.. .',., .. · · ' ",..' ."~ ..' ..'
u.in '- -- GALLON ~ o~ ;- ~". ' · : ".
~-' FUEL TANK "":' ',' ~',... "' '
I
'"' ." '' '.70 ..n ..,...4,~..4.~4''"'
.,.,~6.' ' "'' .'.., .. 73'
¥
21
7.21'
0.4
1.
- 0.56'
(-- ¢ 10.01% 7.22'
~ I
: I - 5,24'
!~-VE 1.39'-
CAP::
2.26'- 28'
~H = /0~
MAP NO. 3780-254-B4 W.O. 750-0011
Property No. 2 J. O. 91-0977
Eas. No.
THIS AGREEMENT, made this llth day, of September 1991, by and between
the CITY OF ROANOK£, a municipal corporation existing under the laws of the
Comnonwealth of Virginia, herein called "GRANTOR", and APPALACHIAN POWER
COMPANY, a Virginia public service corporation, herein called "APPALACHIAN."
WITNESS£TH:
TMAT FOR AND IN CONSIDEMATION of the sum of ONE DOLLAR ($1.00), the
receipt of which is hereby acknowledged, the GRANTOR hereby gives license
and permit to APPALACHIAN, its successors and assigns, and the right,
privilege and authority to said APPALACHIAN, its successors and assigns,
to construct, erect, install, place, operate, maintain, inspect, repair,
renew for the purpose of providing electric power underground to "Dominion
Towers", in The City of Roanoke, Virginia.
B£ING a right Of way, in, on, along, through, across
or under said lands for the purpose of providing electric
service to "Dominion Towers" located at No. 10 Jefferson
Street, S.£., Roanoke, Virginia 24011.
The location of said electric facilities being shown
on print of Appalachian Power Company's Orawing No. R-
2867, dated September 10, 1991, and entitled, "Proposed
Right of Way on Property of City of Roanoke," attached
hereto and made a part hereof.
It is understood and agreed, in the future, Appalachian,
upon written notice from GRANTOR, shall relocate, for
one (1} time only, at Appalachian's expense, said
facilities to another location on said premises provided
the Grantors, their successors or assigns, furnish without
cost to Appalachian, a satisfactory new location for
said facilities.
TOGETHER with the right to said APPALACHIAN, its successors and assigns,
to construct, erect, install, place, operate, maintain, inspect, repair,
renew, remove and add to the number of underground conduits, ducts, vaults,
cables, wires, transformers, pads, fixtures and appurtances (herein called
"Appalachian" facilities) in, on, and under the premises above referred to;
with prior consent in writing of the GRANTOR, to remove from said premises
any obstruction which may endanger the safety or interfere with the use of
said "Appalachian" facilities; and the reasonable right of ingress and egress
to and over the premises above referred to and any of the adjoining lands
of the party of the GRANTOR, at any and all reasonable times, for the purpose
of patrolling the line, or repairing, renewing or adding to the number of
"Appalachian" facilities; and for doing anything necessary or useful or
convenient for the enjoyment of the rights herein granted; also the privilege
of removing at any time any or all of said improvements erected in, on, or
under said land. The GRANTOR hereby grants, conveys and warrants to
Appalachian Power company a nonexclusive right of way easement for electric
facilities.
In the event APPALACHIAN should remove all of its facilities, from
the lands of the GRANTOR, then all of the rights, title and interest of the
party of APPALACHIAN in the right of way and license hereinabove granted,
shall revert to the GRANTOR. its successors and assigns.
APPALACHIAN agrees to indemnify and save harmless the GRANTOR against
any and all loss or damage, accidents, or injurie§, to persons or property,
whether of the GRANTOR or any other person or ccrporation, arising in any
manner from the negligent construction, operations, or maintenance, or failure
to properly construct, operate, or maintain the said poles, crossarms, wires,
cables, transformers, guys and anchors of APPALACHIAN.
TO HAVE AND TO HOLD the same unto the said Appalachian Power Company,
its successors and assigns.
WITNESS the signature of the City of Roanoke by , its
· and its municipal seal hereto affixed and attested by MARY
PARKER, its City Clerk pursuant to Ordinance No. adopted
CITY OF ROANOKE
ATTEST:
MAYOR
CITY CLERK
STATE OF VIRGINIA)
) TO WIT:
CITY OF ROANOKE )
I,
and State aforesaid· do
· a Notary Public in and for the City
certify that and
and City Clerk, respectively, of the City of Roanoke, whose names as such
are signed to the writing above, bearing date the day of
19 , have each acknowledged the same before me in my jurisdiction
aforesaid.
Given under my hand this __
My Commission Expires:
day of
NOTARY PUBLIC
NORFOLK AVE. S,E.
PAD
DOMINION TOWERS
SALEM AVE. S.E.
CITY OF'ROANOKE VA '-F.D, 66.5020
GTD 4939F/400/~ 1-87
AI~ALAClllAN POt~F.R COMPANY
ROANOKE VIRGINIA
,ROANOKE DIVISION '~ & D. DEPARTMENT
PROPOSED RIGHT OF WAY
ON PROPERTY OF
CITY OF' ROANOKE
DIIA~/I#6 I~10. R-2-867
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S,W. Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #28-112-467-169
SANDI~A H. EAI(IN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30746-102191 authorizing the granting of an
easement to C & P Telephone Company across property located at Fairview
Elementary School, upon certain terms and conditions, in order to provide for the
instaliation of an electronic equipment building, associated driveway and
underground cables, as more particularly set forth in a report of the Water
Resources Committee under date of October 14, 1991. Ordinance No. 30746-102191
was adopted by the Council of the City of Roanoke on first reading on Monday,
October 14, 1991, aiso adopted by the Council on second reading on Monday, October
21, 1991, and will take effect ten days following the date of its second reading.
Sincerely, ~(_~.__
Mary F., Parker, CMC/AAE
City Clerk
MFP: ra
Eric.
pc:
Mr. W. E. Von Appen, Engineering Assistant, C & P Telephone Company, 4843
Oakland Boulevard, N. E., Roanoke, Virginia 24012
Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the
Board, P. O. Box 13105, Roanoke, Virginia 24031
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Mr. Kit B. Kiser, Director of Utilities and Operations
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
/he 215t Day of October, 1991.
No. 30746-102191.
AN ORDINANCE authorizing the granting of an easement to C & P
Telephone Company across property located at Fairview Elementary
School, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and the City Clerk are authorized to execute and
attest, respectively, in form approved by the City Attorney, an
appropriate agreement granting a 65' x 55' utility easement for
C & P Telephone Company upon the northeast corner of the Fairview
School site, bearing Official Tax No. 2640303, located at the
southwest corner of the intersection of Salem Turnpike and Westwood
Boulevard, N.W. to provide for the installation of an electronic
equipment building and associated driveway and underground cables,
as more particularly set forth in the report to this Council dated
October 14, 1991.
ATTEST:
City Clerk.
REOE!VEO
°91 OCT-2
Roanoke, Virginia
October 14, 1991
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
C & P Telephone Company Easement - Pairview
Elementary School Site
The attached staff report was considered by the Water Resources
Committee at its meeting on September 23, 1991. The Committee recommends
that Council authorize the dedication of a (65.0' x 55.0') utility
easement on the Fairview School Property for use by C & P in accordance
with conditions stated in the attached report.
Respectfully submitted,
Elizabeth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
City Engineer
Clerk of the School Board
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 23, 1991
Members,,Water Resources Committee
Kit B. Kiser, Di~e~of Utilities & Operations thru
W. Robert Herbert~T~Manager
C&P TELEPHONE COMPANY (C&P) EASEMENT
FAIRVIEW ELEMENTARY SCHOOL SITE
OFFICIAL TAX NO. 2640303
I. Backqround:
A. Modernization of telephone system in Northwest section
of City is being undertaken by C&P.
One element of modernization program is a new electronic
equipment building to be located in the area of Salem
Turnpike and Westwood Boulevard, N.W.
II. Current Situation:
Location for electronic equipment building on Fairview
Elementary School site has been requested by C&P (see
attached letter & map).
B. School Board approval of C&P's request has been received
(see attached letters).
III. Issues:
IV.
A. Need
B. Timinq
C. Aesthetics
Alternatives:
Committee recommend to City Council that it authorize a
sixty-five (65) foot by fifty-five (55) foot utility
easement for C&P on the northeast corner of the Fairview
School site (southwest corner of the intersection of
Salem Turnpike and Westwood Boulevard, N.W.) to provide
for the installation of an electronic equipment building
and associated driveway and underground cables.
Water Resources Committee
September 23, 1991
Page 2
1. Need for location for electronic equipment building
met.
2. Timinq to permit C&P to begin installation as soon as
possible is met.
Aesthetics of site to be maintained by C&P, with
approval by Principal, by limiting cutting of trees
and shrubs.
B. Committee not recommend that City Council authorize a
utility easement on the northeast corner of the Fairview
School Property for use by C&P.
1. Need for location for facility not met.
2. Timinq not met.
3. Aesthetics is not an issue.
Recommendation: Committee recommend to City Council that
it authorize the dedication of a (65.0' x 55.0') utility
easement on the Fairview School Property for use by C&P in
accordance with Alternative "A". Petitioner to provide
legal documentation in a form approved by the City
Attorney.
KBK/RVH/fm
cc:
City Attorney
Director of Finance
City Engineer
Clerk of the School Board
C&P Telephone
A Bell Atlantic Company
4843 Oakland BouleVard, N.E,
Roanoke, Virginia 240~2
July 23, 1991
Mr. Charles Huffine, City Engineer
City of Roanoke
215 Church Ave., S. W., 3rd floor
Roanoke, VA 24011
OFFICE OF CITY ENGINEER
R0J~NOKE, VA 240D
Dear Mr. Huffine:
C&P Telephone Company has begun a modernization program in the
Northwest City area. We will be replacing most of our telephone
cable and terminal plant feeding this area of the city beyond
24th Street with fiber optic cable and electronic equipment.
Because of this program, an electronic equipment building will be
required at or near Salem Turnpike and Westwood Blvd., N. W. I
would like to request that the City consider granting an easement
as shown on the enclosed sketch. This sketch is an approximation
of what we will need.
I have talked to Mr. Warren Crawford, Principal of Fairview
Elementary School about this and he has no objection (please see
copy of letter enclosed).
This site is ideal for our needs and I would appreciate any
consideration you and the City can give us.
Thanking you in advance.
Sincerely,
W. E. VonAppen
Engineering Assistant
C&P Telephone Company
clk
Finn D. Pincus, Chairman
Charles UJ. Day, Vice Chairman
Sallye T. Coleman
.--Roanoke
City School Board
Marilyn C. Curtis
Mar~ha LU. O'Neil
Thomas L Orr
James M. Turner, J~.
F. ran~ P. Toga, Superintenden~
Riaharcl L I'lell~, (1~ of the Goarcl
P.O BOX 1-~10S, Floanoke, Virginia 24031 · 703-981-2~81
August 14, 1991
Mr. Kit B. Kiser, Director
Utilities & Operations
City of Roanoke
Room 350, Municipal Building
Roanoke, VA 24011
Dear Mr. Kiser.
The School Board at its August 13 meeting approved the request
of C&P Telephone Company to construct an electronic equipment
building at or near Salem Turnpike and Westwood Boulevard, N. W.,
adjacent to Fairview Elementary School.
The Board requests that the City Water Resources Commttee
consider this matter and present it to City Council for approval.
Thank you for your cooperation and assistance.
Sincerely,
Richard L. Kelley
Executive for Business Affairs
and Clerk of the Board
rg
cc: Mr. W. E. VonAppen
Excellence in Education
Roanoke
City Public Schools
Fairview Elementary School
648 Westwood Blvd., N. W.
Roanoke, Virginia 24017
July 15, 1991
W. E. Von Appen
Engineering Assistant
C&P Telephone Company
4843 Oakland Blvd., NE
Roanoke, VA 24012
Dear Mr. Von Appen:
We are pleased to hear of your plans to construct a
small telephone equipment building on the property next to
our school at the corner of Westwood Boulevard and Salem
Turnpike. As I explained, the City of Roanoke owns the
property, not the school system.
During the s~mer, the school and city plan to construct
a nature trail in the area under consideration. We have no
objection to the construction of the building on the site in
question. Your offer to donate $1,000 to the school's
planned nature trail is appreciated and will enhance our
project.
Please contact the following city official to secure
permission to use the land:
Charles Huffine
Municipal Building
215 Church Ave., SW, Room 350
Roanoke, VA
Sincerely,
Warren A. Crawford
Principal
cc: Charles Huffine, City Engineer
Carroll Swain, Dir. of School Plants
Excellence in Education
Sheet of
EOUIP~E~T. CONDUIT. AND CABLE
This Deed of Easement, made this day of , 19
between THE CI~ OF ROANOKE. ~F/RGINIA. A MUNICIP/tL COP~PORATION.
hereinafter called #Grantor~ and THE CHESAPEAKE AND PO~HAC
TELEPHONE COMPANY OF VTW~INIA. hereinafter called "Grantee#.
Received of TH~ CHESAPEAKE AND POTOMAC TEr.~-PHONECOHPANY OF
VIRGINIA in consideration of which the undersigned.~reby grant
and convey unto said Company, its successors, assigns, lessees
and agents, a 55 foot by 65 foot revocable~ and
easement to construct, operate, maintain, replace add remove a
telephone equipment enclosure and associated cable, fiber optic
cable and conduit upon end anderthe land which the undersigned
own; said land being located in the City of Roanoke,
Commonwealth of Virginia, with the right of ingress and egress
over, under and across the lends of the undersigned to and from
said systems for the purpose of exercising the rights herein
grented; to open and close fences, provided Grantee shall avoid
damages to trees to maximum degree possible, obtain field
approval from Grantor, and restore the area to preconstruction
condition. Said easement being located and more particularly
described as follows:
From NE corner of property 55' along north propert~ line and
65' along east property line of Fairview Elementary School, 648
West Wood Blvd., N. W., and as more particularly set forth in the
attached sketch incorporated by reference herein.
The Chesapeake end Potomac Telephone Company agrees to
indemnify end hold harmless the City of Roanoke, Virginia, its
officers, agents and employees, against any and all liability,
loss, cost, d~ge or ~e, including reasoD~hle attorney's
fees, resulting from accidents or injuries to persons or
property, or fines penalties or violations of law, whether of the
city or any other person or corporation, arising in any manner
from Grantee's activities or omissions, including, without
limitations, the negligent construction, operation, maintenance,
or failure to properly construct, operate, or maintain the said
underground cable, conduits, ducts, wires, end all other
appurtenant equipment end fixtures of Grantee.
In addition and regardless of any City acquiescence, Grantee
agrees to indemnify, reimburse and hold the City, its officers,
agents, and employees harmless from any and all costs, liability,
expenses, fines, penalties or civil judgments, including
attorney's fees, resulting from, obtained against, or paid by the
City as a result of Grantee's violation of any sections of this
Agreement which violations may include Grantee's use or release
of any hazardous substance or waste onto the ground or into the
water or air from or upon City premises, and Grantee agrees to
re{mhurse City for all costs and expenses incurred by City in
eliminating remedying such violations.
Sheet ~ OF
Witness
of , 19
hand and seal this day
.(Seal)
Grantor
(Seal)
Grantor
State of Virginia, of ,
To Wit:
Virginia in..and for the
that
, a
aforesaid,
~f the State of
do hereby certify
whose name signed to the within writing
bearing date on the day of , 19 has
acknowledged the same before me in my
and State aforesaid.
19
Given under my hand
this __ day of . ,
Notary Public
My commission expires
day of , 19
State of Virginia,
To Wit:
Virginia. in and for the
that
of ,
, a of the State of
aforesaid, do hereby certify
whose name signed to the within writing
bearing date on the day of , 19 has
acknowledged the same before me in my
and State aforesaid.
My commission expires .
Notary Public '~
day of~- , 19
c~-p "~u co
_CC I-~o U.
ZS'z'z C-
, FAIRVIESV £LE.
3 09
3 oz
MARY F. PARKER
City Clerk
CITY OF ROANOKI .
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #9-2
SAKi)PA H. F.A~N
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30747-102191 authorizing conveyance by the
City of Roanoke Regional Airport Commission of a certain . 23 acre parcel of land
located in Roanoke County and assignment by the City to the Airport Commission of
a lease of a certain .21 acre parcel of land located in Roanoke City for use in
connection with the airport navigational system, upon certain terms and conditions.
Ordinance No. 30747-102191 was adopted by the Council of the City of Roanoke on
first reading on Monday, October 14, 1991, also adopted by the Council on second
reading on Monday, October 21, 1991, and will take effect ten days following the date
of its second reading.
Sincerely, ~_~__
Mary F,. Parker, CMC/AAE
City Clerk
MFP: va
Enc.
pc:
Mr. W. Robert Herbert, Chairman, Roanoke Regional Airport Commission
Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202
Aviation Drive, N. W., Roanoke, Virginia 24012
Mr. Kit B. Kiser, Director of Utilities and Operations
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
/he 215t Day of October, 1991.
No. 30747-102191.
AN ORDINANCE authorizing conveyance by the City to the Roanoke
Regional Airport Commission of a certain .23 acre parcel located in
Roanoke County and assignment by the City to the Airport Commission
of a lease of a certain .21 acre parcel located in Roanoke City for
use in connection with the airport navigational system, upon
certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. The City Manager and the City Clerk are authorized to
execute and attest, respectively, in form approved by the City
Attorney, an appropriate quit-claim deed of conveyance by the City
to the Roanoke Regional Airport Commission of a certain .23 acre
parcel located in Roanoke County together with a certain
accompanying right-of-way easement, as more particularly set forth
in the report to this Council dated October 14, 1991.
2. The City Manager and the City Clerk are authorized to
execute and attest, respectively, in form approved by the City
Attorney, an appropriate assignment to the Roanoke Regional Airport
Commission of a lease of a certain .21 acre parcel located in
Roanoke City on property of St. Elias Catholic Church on Cove Road,
N.W., said lease being of record in Deed Book 1392, Page 204, and
as more particularly set forth in the report to this Council dated
October 14, 1991.
ATTEST:
City Clerk.
Roanoke, Virginia
October 14, lggl
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Roanoke Regional Airport Commission (RRAC)
Transfer of City-Owned and a City-Leased Parcel
The attached staff report was considered by the Water Resources
Committee at its meeting on September 23, 1991. The Con~nittee recommends
that Council authorize the transfer of control of parcels identified in the
attached report to the Roanoke Regional Airport Commission subject to the
receipt of written approval of the assignment of the lease by lessor, St.
Elias Catholic Church, in accordance with conditions stated in the attached
report.
ETB:KBK:afm
Attachment
cc:
Respectfully submitted,
Elizabeth T. Bowles, Chairman
Water Resources Committee
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Airport Executive Director
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
SUBJECT:
September 23, 1991
Me,~ers, Water Resources Committee
-Kit B. Kiser, D~t~-of Utilities & Operations,
W. Robert Herber~,,-I/t~y Manager
ROANOKE REGIONAL AIRPORT COMMISSION (RRAC)
TRANSFER OF CITY-OWNED AND A CITY-LEASED PARCEL
thru
I. Backqround:
Acquisition of an 0.23 acre parcel in Roanoke County on
the property of Helen Richards by Deed dated August 18,
1976, and recorded in Roanoke County, Deed Book 1048,
page 69 provided for the installation of the Non-
Directional Beacon LDA/H (Outer Marker) for Runway 6
(east-west runway).
Lease of an 0.21 acre parcel located in Roanoke City on
property of St. Elias Catholic Church on Cove Road, N.W.,
by lease dated December 31, 1976, and recorded in Book
1392, page 204 provided for the installation of the
LDA/MAPM (Inner Marker) for Runway 6.
Ail City property associated with Airport. was to have
been transferred to RRAC when it was formed. The two (2)
beacon sites were inadvertently overlooked when the other
properties were transferred to RRAC.
III.
II. Current Situation:
Request to transfer City-owned and City-leased properties
to control of RRAC from Airport Executive Director. (See
attached letter.)
B. RRAC control
or continue
beacons.
of parcels will permit them to renegotiate
leases, as necessary, with FAA for the
Issues:
A. Need
B. Timinq
Members, Water Resources Committee
RE: RRAC TRANSFER OF PARCEL
September 23, 1991
Page 2
IV. Alternatives:
Committee recommend to City Council that it authorize the
appropriate City officials to execute documentation'
transferring control of two parcels of property,
identified in Items I, A&B (above), to the Roanoke
Regional Airport Commission.
Need by Commission to own and maintain property used
for airport purposes is met.
2. Timinq to make transfer of ownership effective as
soon as possible is met.
Committee not recommend to City Council that it authorize
the transfer of parcels identified in Items I, A&B
(above) from the City to the Roanoke Regional Airport
Commission.
1. Need by Commission to own property it uses is not
met.
2. Timinq to transfer ownership quickly is not met.
V. Recommendation:
Committee recommend to City Council that it authorize th~
transfer of control of parcels identified in Items I, A&B, to
the Roanoke Regional Airport Commission subject to the
receipt of written approval of the assignment of the lease by
lessor, St. Elias Catholic Church, in accordance with
Alternative "A".
KBK/RVH/fm
Attachment
cc: City Attorney
Director of Finance
Airport Executive Director
, Airpor? Commission
W, Robert Herbert, Chairman
BoE I, Johnson, Vice Chairman
Joel M. Schlanger
Richard W. Robers
Kit B. Kiser
Jacqueline L. Shuck, Executive Director
Robert C. Poole, Airport Manager
August 30, 1991
5202 Aviation Drive
Roanoke, Virginia 24012
(703) 362-1999
FAX (703) 563-4838
Mr. Kit B. Kiser
Director of Utilities and Operations
City of Roanoke
Room 354, Municipal Building
215 Church Avenue:
Roanoke, Virginia 24011
Dear Mr.~er:~
When the City of Roanoke transferred various properties and
leases related to the Airport to the Roanoke Regional Airport
Commission ("RRAC"), the land upon which the Non Directional
Beacon LDA/H for Runway 6 is located, as well as the lease for
the land on which the LDA/MAPM (formerly R/W 5), were not trans-
ferred.
I would like to request that the land identified in Attach-
ment "A" hereto be transferred to the RRAC and the lease attached
as Attachment "B" be assigned from the City to the RRAC. We will
then be in a position to enter new lease agreements or continue
the unexpired leases with the FAA for the above-referenced
navigational aids.
I would appreciate your thoughts on this request and your
assistance.
Very truly yours,
~L. Shuck
Executive Director
JLS:csp
Attachments
~IS DEED, made this the 18th day of Au~us~, 1976, by and
between ~LEN RICHARDS, a widow, party of the first part, and
the CITY OF RO~qO~, a municipal corporation organized and existin$
under ~he laws of the Commonwealth of Virginia, party of the
second part;
THAT. FOR ~ IN CONSIDERATION of the sum ofT}L~EE THOUSanD
DOLLARS ($3,000.00) cash in hand paid by the party of the second
part unto the party of the first part, the receipt whereof is
hereby acknowledged, the party of the first part does hereby
BARGAIN, S~LL, GRANT and CONVEY unto the party of the second part,
with covenants of GE[~RALWARRAidTY of title, a certain parcel
of land together with a permanent easement for right-of-way pur-
poses, both located in the County of ~oanoke, Virginia, being more
particularly described as follows, to-wit:
I.
Descrip%ion of an 0.23 acre parcel.
From a nail marking the intersection of the south edge
9f U. S. Route 11-460 with the centerline of Roanoke
County Route 710; thence, S. 47" 39' W., 937.3 feet to
a stake marking the northwest corner of the parcel, which
stake is the PLACE OF BEGINNING; thence, S. 74" 12' E.,
100.00 feet to a point; thence, S. 15" 48' W., 100.00
feet to a point; thence, N. 74" 12' W., 100.00 feet to
a point; thence, N. 15" 4g' E., 100.00 feet to a point,
said parcel containing 0.23 acre.
II.
Description of a Permanent
Easement for a Right-of-Way.
BEING that part of a thirty foot right-of-way crossing
through the lands owned by Helen Richards, a widow,
which right-of-way follows old U. S. Route 460 and
crosses through the lands of said Helen Richards, the PLACE
OF BEGINNING of said thirty foot 'right-of-way being a
nail marking the intersection of the south edge of
U. S. Route 11-460 and the centerline of Roanoke County
Route 710, the centerline of said thirty foot right-
of-way following, from said PLACE OF BEGINNING, the course
of S. 52° 09' W., 317.60 feet to a point; thence, S. 58°
18' W., 235.00 feet to a point; thence, S. 43° 30' W.,
119.40 feet to a point; thence, $. 47° 50' E., 217.80
feet to a point; thence, S. 15° 48' W., 176.75 feet to a
point; thence, S. 74° 12' E., 23.3 feet to a point on the
western boundary of the aforesaid 0.23 acre parcel of land.
The aforesaid 0.23 acre parcel and right-of-way easement
is shown on Plan No. 5534-B, prepared under date of
August 11, 1976, in the office of the City Engineer,
Roanoke, Virginia, a copy of which is attached hereto,
and made a part hereof, said parcel and easement being
a portion of the same property devised to Helen Richards
by the Will of Daniel Wentworth Richards, admitted to
probate on April 30, 1973, and recorded in the Clerk's
Office of the Circuit Court of the County of Roanoke,
Virginia, in Will Book 27, at page 808.
TO HAVE AND TO HOLD unto the party of the second part, its
successors and assigns, in fee simple forever.
The p~rty of the first part covenants that she is seised
in fee simple of the land herein conveyed, and that she has the
right to convey tke same unto the party of the second part; that
the party of the second part shall have quiet end peaceable
possession thereof,, free from all encambranoes; and that the party
of the first part will execute such other and further assurances
of title as may be necessary or requisite.
WII/~ESS the following signature and seal on the day and year
first above written:
(s)
STATE OF VIRGINIA S
§ To-Wit:
AT LARGE !
City of ia Notary Public in and for the
do hereby certify that HELEN
RICHARDS, a widow, whose name is si~ned to the foregoing deed
bearing date of August 18, 1976, has personally appeared before
me and acknowledged the same.
GIVEN under my hand this _%, day of A~ , 1976.
My Commission expires:
- 2 -
CLOSING STATEMENT
HELEN RICHARDS
'Description of Property:
~ Date: August 18, 1976
i Purchase Pr'ic~:
Disbursements:
Elizabeth Stokes Clerk
of Court ($eller;s Tax)
Helen Richards
0.23 acrs parcel of land and a
right of way easement located
in Roanoke County
$3,000.00
$ 3.00
~2,997.00
I certify that the above is a true and correct statement.
I certify that I have received the -mount shown above as
being paid to me and have authorized the disbursements shown
hereon the day and year above written.
PAC .... -
~IS L~$E AG~J~NT, ~de and entered i~o ~bis tSe 31s~
?~ ~I0£~S~ 0~ $?. -~0~, D~OI~, ~IC~, ~.S.~., on bis
s~ccesson i~ o~ice,
~ ~ici~l conpo~io~,
~S, ~be ~o~cil o~ tSe ~it~ o~ ~o~o~e b~ On~i~ce ~o.
23187, ~op~e~ h~st ~5, 1~75~ ~tSo~i~e~ a~ pno~i~e~ ~on t~e
le~se 5~ ~ pa~t~ o~
p~cel o~ la~ i~ tSe ~it~
p~t ~o~ ~Se Ce~ o~ ~e~s ~ co~si~e~io~ be~ei~a~en p~o~i~e~.~
~0~, ~0~ ~
~n~ o~ the seco~ p~t ~o t~e p~t~ o~ the ~inst ~t o~ ~be
p~t ~o~b ~e~eb~ let a~ ~e~se ~to
~o~ ~ te~ o~ ~i~t~ <50> ~ea~s ~t ce~t~i~ t~c~ o~ p~cel o~
~ i~ ~Se ~i~ o~ ~oa~o~e, ~e~ ~esc~iSe~ ~s ~ollo~s:
~0~ ~ st~ ~i~ the ~o~t~est co~e~
a ~cel o~ i~ 5elo~i~ to tSe St. ~l~s ~atSo~ic
Z~e~, BisSo~ o~
O.S.~. ~ ~is s~ccesso~s
~o~e ~, ~. ~., i~ Cbe ~i~ o~ ~o~e, a~ is t~e
~ O~ ~9~, ~Se~ce S.
a ~oi~t~ ~Se~c~ S. 2~~ ~' ~. 2~9.20 ~eet ~o ~ ~oi~t;
tSe~ce ~. 5~ 25
~este~ 5o~a~ o~ ~Se ~o~es~i~ ~a~cel~ t~e~ce ~itb
· ~e~ce ~i~ sai~ ~este~ 5o~
300.00 ~eet to tSe ~lace o~ Be~i~i~, co~tai~i~ 0.21
o~ ~st 10, 1975,
~o~o~e, ~i~i~i~, ~ cop~ o~ ~5ic5 is ~tt~cSe~ be~e~o
B~ ~ o~ t~e s~e ~o~e~t~ co~e~e~ to t~e ~ost
St. ~o~ o~ ~et~oit, ~.S.~., .~ ~is s~ccesso~s
o~ice, 5~ ~ic~el
~ 7, 1~75, o~ ~eco~ i~ the ~le~'s O~ice o~ tSe
~i~c~it ~o~t o~
~ee~ Boo~ 1017, ~t p~e ~52.
This lease agreement is made subject to the following con-
ditions:
(1) The party of the second part shall have the right to
assign or transfer all of its rights in and to this lease agree-
ment to the Federal Aviation Administration,of the Department of
Transportation of the Government of the United States of America,I
subject to the conditions and provisions hereof, and no other I
assignments or transfers shall be made without the written consent]
of the first party,
(2) The party of the first part hereby agrees that if it
conveys the premises of which the aforesaid parcel is a part,
during the term of this lease agreement, said conveyance shall be
made expressly subject to this lease agreement.
(3) The fifty-year term of this lease agreement shall
comence on the date and year first above written.
(4) It is understood between the parties hereto that if the
subject parcel is not utilized by the Federal Aviation Administra-
tion for airport related purposes within one (1) year from the
date of this agreement, then upon sixty days' written notice by i
the party of the first part to the party of the second part. this
lease ~ay be terminated by the first party and the subject parcel
shall revert back to the first party, and all payments, including
the $8,000.00 consideration for this lease shall remain the
property of the first party.
If the subject parcel is utilized by the Federal Aviation
Administration for airport related purposes and than ceases this
operation for a continuous period of one year, then the party of
the first part shall have the option of terminating this agreement
upon 60 days' written notice to the party of the second part, and
the property shall revert to the party of the first part, and all
payments including the $8,000.00 consideration for this lease
shall remain the property of the first part.
WITNESS the following signatures and seals as of the day and
year first above written:
STATE OF MICHIGAN
COUNTY OF WAYNE
DIOCESE OF ST. MARON,
DETROIT, MICHIGAN, U.S.A.
CITY ~ ROANOK~
~ , y Manager
to-wit:
I, GEORGE J. WEBBY a Notary Public in and for the
jurisdiction aforesaid, do hereby certify that FRANCIS M. ZAYEK,
Bishop of the Diocese of St, Maron, Detroit, Michigan, U. S. A.,
whose name as such is si~nad to the foregoing Lease A~reement
bearing date of DECEMBER_%l__i976, has personally appeared before
me in my aforesaid Jurisdiction and acknowledged the same,
GIVEN under my hand and seal this ~ day of~D~.~9~_1976.
My co~ission expires JULY 12. 1975
STATE OF VIRGINIA:
to-wit:
CITY OF ROANOKE:
the City of Roanoke, State of Virginia, do hereby certify that
BYRON E. HANER, City ManaEer of the City of Roanoke, whose name
as such is si~ned to the foregoing Lease Agreement bearing date
of~J/, 1976, has personally appeared before me in my
aforesaid jurisdiction and acknowledged the same.
GIVEN under my hand and seal ~his //~day
of 197~
My co~ission expires ~7/'~Z/~/
~ ~}~, tn ~h~'l:lerk s Office of the Circuit Court of the City of
'~2~~r~k ~.t~is Instrument ~th ~he Ce~ifica~e of
~~e~. ~exed is a~i%%ed to Reco~ oa '
c evk
B~puty Clerk.
MARY F. PARLOR
City Clerk
CITY OF ROANOKI .
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #144
SANDRA H. F. AKIN
Deputy City Clerk
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 30755-102191 approving the proposed design
and operating criteria for the proposed Solid Waste Transfer Station, and approving
the Hollins Road South Site for the location of such Transfer Station, upon certain
terms and conditions. Ordinance No. 30755-102191 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, October 21, 1991.
Sincerely, ~(X_~,-c.~
Mary F. Parker, CMC/AAE
City Clerk
MFP:ra
Eno.
pc: Mr. William F. Clark, Director of Public Works
Mr. John R. Marlles, Chief of Community Planning
MARY F. PARKER
City Clerk
CITY OF ROANOKI
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #144
SANDRA H. F.,AKIN
Deputy City Clerk
Ms. Mary H. Allen, Clerk
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Ms. Allen:
I am enclosing copy of Ordinance No. 30755-102191 approving the proposed design
and operating criteria for the proposed Solid Waste Transfer Station, and approving
the Hollins Road South Site for the location of such Transfer Station, upon certain
terms and conditions. Ordinance No. 30755-102191 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, October 21, 1991.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Enc.
MARY F. PARII~R
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W. Room 456
Roanoke, Virginia 24011
Telephone: (703)081-2541
October 23, 1991
File #144
SANDRA H. EAKIN
Deputy City Clerk
Ms. Carolyn S. Ross
Clerk of Council, Town of Vinton
P. O. Box 338
Vinton, Virginia 24179
Dear Ms. Ross:
I am enclosing copy of Ordinance No. 30755-102191 approving the proposed design
and operating criteria for the proposed Solid Waste Transfer Station, and approving
the Hollins Road South Site for the location of such Transfer Station, upon certain
terms and conditions. Ordinance No. 30755-102191 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, October 21, 1991.
Sincerely, ~/9./t~
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
SHe.
MARY F. PARKER
City Clerk
CITY OF ROANOKR
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703)981-2541
October 23, 1991
File #144
SANDRA H. EAI~N
Deputy City Clerk
Mr. Jeffrey A. Cromer, Manager
Roanoke Valley Regional Solid Waste
Management Board
P. O. Box 12312
Roanoke, Virginia 24024
Dear Mr. Cromer:
I am enclosing copy of Ordinance No. 30755-102191 approving the proposed design
and operating criteria for the proposed Solid Waste Transfer Station, and approving
the Hollins Road South Site for the location of such Transfer Station, upon certain
terms and conditions. Ordinance No. 30755-102191 was adopted by the Councli of the
City of Roanoke at a regular meeting held on Monday, October 21, 1991.
Sincerely, /~O~c-._
Mary F. Parker, CMC/AAE
City Clerk
MFP: ra
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE,
lhe 215t Da3 of October. 1991.
No. 30755-102191.
VIRGINIA,
AN ORDINANCE approving proposed design and operating criteria
for the proposed Solid Waste Transfer Station, and approving the
Hollins Road South Site for the location of such Transfer Station,
upon certain terms and conditions; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The Solid Waste Transfer Facility Design Criteria, dated
March 19, 1991, and the Solid Waste Transfer Facility Operating
Criteria, dated May 21, 1991, as previously approved by the Roanoke
City Planning Commission and submitted to this Council by report
dated July 8, 1991, are hereby APPROVED and the City Manager or the
Assistant City Manager is authorized to take such actions as are
deemed necessary for their implementation.
2. The Hollins Road South Site is hereby deemed at this time
to be the most suitable site for the location of the proposed Solid
Waste Transfer Station, and the City Manager or the Assistant City
Manager is hereby authorized to take such actions as are deemed
necessary for such site selection, as more particularly set forth
in the report to this Council dated July 8, 1991, subject to
execution by all required parties of the Roanoke Valley Resource
Authority Members Use Agreement.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.