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HomeMy WebLinkAboutCouncil Actions 11-18-91BOWLES (30786) REGULAR WEEKLY SESSION .... ROANOKE CITY COUNCIL November 18, 1991 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Council Members Bowers, Harvey and White were absent. The invocation will be delivered by The Reverend Harold S. Moyer, Pastor, Williamson Road Church of the Brethren. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Mayor Noel C. Taylor. BID OPENINGS Bids for floor tile replacement in the Assembly Hall and kitchen the National Guard Armory, 32 Reserve Avenue, S. W. Two bids were referred to a committee composed of Messrs. White, Chairman, Snead and Clark for tabulation, report and recommendation to Council. CONSENT AGENDA (APPROVED 4-0) 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. Col C-2 C-3 A communication from Mayor Noel C. Taylor requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A) (1), Code of Virginia (1950), as amended. A communication from Council Member David A. Bowers transmitting the 1990-91 Annual Report of the City of Roanoke Redevelopment and Housing Authority. RECOMMENDED ACTION: Receive and file. A communication from Ms. Sharon L. Carrington, Registrar, transmitting an Abstract of Votes cast in the General and Special Elections held in the City of Roanoke on Tuesday, November 5, 1991. RECOMMENDED ACTION: Receive and file. Request of the City M~n~er for an Executive Session to di.~cuss acquisition and disposition of real property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virg/ni~ (1950), as amended, and to discuss specific legal matters requiring the provision of legal advice by counsel, specifically being the terms and conditions of various agreements and related legal documents, all in connection with the Hotel Roanoke prejeet, purslmnt to Section 2.1-344 (A)(7), Code of Virglnis (1950), as amended. Request of the City Attorney for an Executive Session to discuss actual litigation, being a lawsuit fried by the City of Roanoke, puts, rant to Section 2.1-344 (A) (7), Code of Virg/nia (1950), as amended. REGULAR AGENDA Hearing of Citizens Upon Public Matters: None. Petitions and Communications: None. 2 5. Reports of OfficerS: a. City Manager: Briefings: 1. A report with regard to the City's Risk Management Program. NO ACTION. 2. A report with regard to Housing Diversity. NO ACTION. Items Recommended for Action: A report recommending award of a contract to TPF&C, a Towers Perrin company, of Rosslyn, Virginia, for consulting services to conduct a review of the City's Pay Plan; and transfer of funds therefor. Deferred until the next re~flar meeting of Council on Monday, November 25, 1991. A report recommending appropriation of additional funds, in the amount of $335,223.49, to the Fifth District Employment and Training Consortium for implementation of planned programs and initiation of new programs. Deferred until the next regular meeting of Council on Monday, November 25, 1991. A report recommending authorization to execute Change Order No. 1, in the amount of $16,985.00, to the contract with Mattern & Craig, Inc., for engineering services in connection with construction of stormwater management facilities at Statesman Industrial Park; and transfer of funds therefor. Deferred until the next reg~lav meeting of Council on Monday, November 25, 1991. A report recommending waiver of certain requirements for electric power lines to be located underground in a portion of the Gainsboro Neighborhood Development Program. Adopted Resolution No. 30786-111891. (4-0) e A report recommending execution of Amendment No. 1 to the Contract for Services with the Northwest Neighborhood Environmental Organization in connection with site work and construction costs related to the Loudon Avenue New Houses project. Adopted Resolution No. 30787-111891. (4-0) A report concurring in a report of a bid committee recommending acceptance of a proposal submitted by The Wyatt Company to provide a Risk Management Audit and Actuarial Study for the City of Roanoke and Roanoke City Schools, for an amount not to exceed $29,500.00. Adopted Resolution No. 30788-111891. (4-0) b. Director of Finance: A report with regard to Personnel Lapse for the first quarter of fiscal year 1991-92. Deferred until the next regula~ meeting of Council on Monday, November 25, 1991. A report transmitting and recommending adoption of the 1991 Fee Compendium. Adopted Resolution No. 30789-111891. (4-0) The Director of FinRnce presented the finRnelal report for the City of Roanoke for the year ending June 30, 1991. Received and filed with appreciation. Reports of Committees: A report of the Water Resources Committee with regard to lease of 100 parking spaces in the Victory Stadium parking lot to Roanoke Memoriai Hospitals. Council Member Elizabeth T. Bowles, Chair. Adopted Ol~llnanee No. 30790 on first re.ding. (4-0) 4 Unfinished Business: a. 1. A joint report of the City Manager and the City Attorney recommending a plan of action and timetable relative to City Council election procedures. Adopted Resolution No. 30791-111891. (4-0) 2. A communication from Mr. Samuel Franklin, Jr., relating to the above matter. Received and filed. Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 30774, on second reading, amending certain proffered conditions to the rezoning of property located at 911 Tazewell Avenue, S. E., being Lot 4, Block 4, Map of Belmont Land Company, Official Tax No. 4112104, from RG-1, General Residential District, to C-2, General Commercial District, pursuant to Ordinance No. 26770 on November 21, 1983. Adopted ordinance No. 30774-111891. (4-0) b. Ordinance No. 30775, on second reading, rezoning a tract of land located at 911 Tazewe11 Avenue, S. E., containing .09 acre, more or less, identified as Official Tax No. 4112105, from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 30775-111891. (4-0) c. Ordinance No. 30776, on second reading, permanently vacating, discontinuing and closing all of one public alley and portions of two alleys, adjacent to First Street and Day Avenue, S. W. Adopted Ol~']inance No. 30776-111891. (4-0) d. Ordinance No. 30777, on second reading, permanently vacating, discontinuing and closing a block of Westport Avenue, S. W., extending from 20th to 21st Street; a portion of 21st Street, extending from Westport Avenue south to a 12 foot ailey; and a 12 foot alley running parailel with Westport and Salem Avenues. Adopted Ordinance No. 30777-111891. (4-0) e. A Resolution repealing Resolution No. 30687-82691, and reinstating the December 16, 1991, regular meeting of City Council and cancelling the regularly scheduled meeting of City Council on December 23, 1991. Adopted Resolution No. 30792-111891. (4-0) 5 10. Motions and MiscellaneOus Business: a. Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens; Certification of Executive Session. (4-0) Reappointed the following persons to the Roanoke Neighborhood Partnership Steering Committee: Viola N. Campbell Jan P. V~ilkins Charles W. Hancock Ronald H. Miller Appointed Robert B. Marietta to the Architectural Review Board. 6 NOEL C. TAYLOR Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, lrtrginia 24011 Telephone: (703)981-2444 November 18, 1991 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1- 344 (A) (1), Code of Virginia (1950), as amended. NCT:se Sincerely, Noel C. ~aylor Mayor Howard E. Musser Vice-Mayor CITY OF ROANO f CITY COUNCIL 215 Church Avenue, S.W., Ro~ 45~ Roanoke, Virginia 2401Y Telephone: (703) 981-2541 November 18, 1991 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr. James G. Harvey, II William White, Sr. The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia RE: 1990-91 City of Roanoke Redevelopment and Housing Authority Annual Report Dear Mrs. Bowles and Gentlemen: I am pleased to submit herewith the 1990-91 Annual Report of the City of Roanoke Redevelopment and Housing Authority. The report indicates that the Authority has significantly increased the participation of public housing residents by establishing and enhancing six resident counselors at Lincoln Terrace, Hurt Park, Bluestone Park, Jamestown Place, Melrose Towers and Morningside Manor. Another highlight for the 1990-91 fiscal year was the receipt of a Drug Elimination Grant, in the amount of $504,439.00, which will be spent by the Authority to support the Roanoke City Police Department C.O.P.E. Additionally, I am pleased to let you know that Morningside Manor, Jamestown Place and Hurt Park received modernization grants, totalling approximately $10 million. On behalf of the Chairman, the members of the Board of Commissioners and the Executive Director, I am pleased to present this Annuai Report as City Council's liaison to the Housing Authority. I would respectfully request that this report be included on the Consent Agenda for our regular meeting of Roanoke City Council on November 18, 1991, and thereafter be received and filed. Best personal regards to each of you. Sincerely, Council Member DAB: sw CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rw~inia 24011 Telephone: (703)981-2541 MARY F. PARKER SANDRA H. EAKIN CityClerk November 21, 1991 Deputy City Clerk File//40 Ms. Sharon L. Carrington Registrar Roanoke, Virginia Dear Ms. Carrington: Your communication transmitting an Abstract of Votes cast in the General and Special Elections held in the City of Roanoke on Tuesday, November 5, 1991, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. On motion, duly seconded and adopted, the communication and Abstract of Votes were received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw CITY OF ROANOKE INTERDEPARTMENT COMMUNICATION DATE: November 8, 1991 NOV -8 P¢:27 TO: FROM: Mary Parker, City Clerk Sharon Carrington, Registrar SUBJECT: Abstract of Votes Please find enclosed one certified copy of the Abstract of Votes cast in the General and Special Election held in the City of Roanoke on November 5, 1991. .At~STRACT OF VOTES ca~t in the flo~Oity of Roanoke Virginia, at tJae November 5, 1991 General Election, for: lWk'~IBER, SENATE OF VIRGINIA 21 s t District J. Gran~er Macfarlane J. Brandon Bell II Robert Firebau~h Crush 1 Albert Stewart 1 Lawrence Hamlar 1 M. Womack 1 John Killian 1 Foster Brooks 1 ..8~655 8,123 9 We, the undersigned Electoral Board, upon e. mmination of the official r~ords d~pveited with the Clerk of the Circuit Court of the election h~ld on November 5, 199L do h~reby certify that the above is a true and correct Abstract of Votes cast at said election for th~ above office. Given under our hands this A ~opy t~te: 7 th day of Noownber, 1991. V/~ Chairman ABSTRACT OF VOTES cast in the ~amat~City of Roano]~ Virginia, at the November 5, 1991 General Election, for: MEMBER, HOUSE OF DELEGATES 16 th District Clifton A. "Chip" Woodrum Lawrence Hamlar 2 Micke¥ Mouse 1 M. Womack 1 Lonaker 1 John Hess 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election h~ld on November 5, 1991, do hereby certify that the above ia a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this A copy tests: 7th day of November, 1991. Chairman Vice Chairman Secretary Secretary, F-lectoral Board . ABSTRACT OF VOTES cast in the~.~z~/City of Virgiaia, at the November 5, 1991 General Election, for: Roanoke ~ER, HOUSE OF DRTJEGATES 17 ~}% District A. Victor "Vic" Thomas Z. K. McManaway Clifton "Chip" Woodrum ,5,756 lt438 1 We, the undersigned Electoral Board, upon emminat~on of the official records deposited with the Clerk of the Circuit Court of the election held on November 5, 1991, do hereby ~ertify that the above iz a tr~ and correct Abstract of Votes cast at said ele~ion for the above office. Given under our hands this · A copy t~te: 7 th day of November, 1991. Chairman Secretary, Electoral Board ,..'-- Vice Chairman Secretary ABSTRACT OF VOTES cast ia the C~]~/City of Roanok~ Virginia, at the November 5, 1991 Speci.1 Election, for: C~.~.~K OF COURT Arthur B. "Bert" Crush III Marc James Small Martha R. Doss M. Womack Dale Hendrick Alan Dale Hendrick 10t810 5,107 1 1 w~. the unders%~ed I~l~ctoral Board, upon ~a~rninutio, of the offwial r~ntz dopo~ited with the Cl~k of the Circuit Court of the el~don held on Nommber ~, 1991, do hereby a~dfy that the aborn it a true and correct Abstract of Votes e~t at ~ election and do, th~wrore, do~ne and d~lare that the following p~r~on has r~ivecl the gn~test number of votez east for the aboo~ offi~ in ~id ~.~tion: Arthur B. "Bert" Crush III Given under our hands thit 7 th day of Noo~nber, 1991. Vi~e Chairman ~retury, l~leetoral Board November 18, 1991 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: ReQuest for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss acquisition and disposition of real property for public purposes pursuant to §2.1-344(A)(3), Code of Virginia (1950), as amended, and to discuss specific legal matters requiring the provision of legal advice by counsel pursuant to S2.1- 344(A)(7), specifically being the terms and conditions of various agreements and related legal documents, all in connection with the Hotel Roanoke Project. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr., City Attorney CITY OF ROANOKE. OFFICE OF THE CITYAq'I'ORNEY 484 MUNICIPAL ~UIL.DING ROANOKE, VIRGINIA 24011-1595 WILBURN C. DIBU#G, JR. November 18~ 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN ,l, TALEVI KATHLEEN MARE K,qONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss actual litigation being a lawsuit filed by the City of Roanoke pursuant to S2.1-344(A)(7), Code of Virginia (1950), as amended. Very truly yours, Wilburn C. D--~-~i~g, Jr. City Attorney WCDj:shm cc: Mary F. Parker, City Clerk Office of i'he Ci~, Manager November 12, 1991 Honorable Noel C..Taylor. Mayor and Members ~f City Cou~c' Roanoke, Virginia Dear Mayor and Members of Council: S[IB~TECT: ~ESE~VED SPACE FONRISE~NAG~ENT BRIEFING At the November 18, 1991 meeting of City Council I plan to have a briefing regarding the City,s Risk Management program. Please provide a reserved Space for this presentation. WRH: jh Respectfully submitted, W. Robert Herbert City Manager Room 364 Municipal Building 215 Church Avenue, S.W. ROanoke, 'virginia 24011 (703) 981-2333 Roanoke, Virginia November 18, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Please reserve space on Council's agenda Monday, November 18, 1991, for a briefing concerning Housing Diversity. Respectfully submitted, W. Robert Herbert City Manager WRH:EBRJr:mp cc: City Attorney Director of Finance HOUSING STRATEGY PRESENTATION FOR ROANOKE CITY COUNCIL MEETING, NOV. W. ROBERT HERBERT, CITY MANAGER 18 HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL. TODAY I WOULD LIKE TO BEGIN THE FIRST OF WHAT WILL BE A THREE-PART PRESENTATION TO ROANOKE CITY COUNCIL CONCERNING THE ISSUE OF HOUSING IN OUR CITY. THIS WEEK I WANT TO BRIEF YOU ON OUR HOUSING PROGRAMS TO DATE AND TO BEGIN TO TALK ABOUT A NEW HOUSING INITIATIVE THAT CITY COUNCIL PREVIOUSLY REQUESTED. AT THE NOVEMBER 25 CITY COUNCIL MEETING, WE WILL MAKE A PRESENTATION ON THE CITY'S FIVE YEAR COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY, OR CHAS, AND ON DECEMBER 2, WE WILL TAKE A LOOK AT THE APPROACHES AND PROCESSES THAT WILL GUIDE OUR NEW HOUSING INITIATIVE. LIKE ALL OTHER CENTRAL CITIES IN AMERICA, THE 90'S WILL BE A TIME OF GREAT DECISION MAKING. WE ARE AT A CROSSROADS. THAT IS, WE ARE AT A POINT OF MAINTAINING THE STATUS QUO, OR PREPARING OURSELVES TO SURVIVE AND THRIVE IN THE NEXT CENTURY. I BELIEVE IF WE ARE TO SUCCEED IN THE 90'S, WE MUST START TAKING CARE OF WHAT WE 2 HAVE AND WHO WE ARE BY BUILDING ON OUR STRENGTHS AND RECOGNIZING AND ADDRESSING OUR WEAKNESSES. CLEARLY ONE KEY TO OUR SUCCESS WILL BE TO MAINTAIN AND, INDEED, ENHANCE OUR SYSTEM OF PUBLIC EDUCATION. PEOPLE WHO HAVE CHILDREN MORE OFTEN THAN NOT CHOOSE TO LIVE IN COMMUNITIES WHERE THERE IS A QUALITY SYSTEM OF EDUCATION. AND WHEN NOT AVAILABLE, WILL CHOOSE TO LIVE ELSEWHERE. IN THE SAME VEIN, PEOPLE WANT TO LIVE IN CLEAN, WELL MAINTAINED, STRONG NEIGHBORHOODS WHERE THEY ARE NOT ONLY SAFE BUT SATISFIED WITH THE LEVEL OF GOVERNMENT SERVICES BEING PROVIDED. WE MUST CONTINUE TO FOCUS OUR EFFORTS ON A STRONG ECONOMIC DEVELOPMENT PROGRAM THAT CAN ATTRACT BUSINESSES TO OUR CITY AND RETAIN OUR EXISTING BUSINESSES. IN THE 1980'S, WE WERE ABLE TO EXTEND THE RUNWAY, BUILD A NEW AIRPORT TERMINAL, CREATE THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY AND BRING BACK A NEW, 3 REVITALIZED DOWNTOWN AREA. WE'VE SEEN AN INCREASE OF 20,000 JOBS AS WELL AS THE EXPENDITURE OF OVER $300 MILLION IN DOWNTOWN. RESOURCES AVAILABLE DURING THIS PERIOD INCLUDED VACANT LAND AVAILABLE FROM THE 1976 ANNEXATION, A VARIETY OF SOUND PLANS FOR DOWNTOWN, AND A STRONG CITY ECONOMIC DEVELOPMENT PROGRAM. WE PURSUED A MULTI-FACETED ECONOMIC DEVELOPMENT PROGRAM THAT INCLUDED INDUSTRIAL DEVELOPMENT, DOWNTOWN DEVELOPMENT AND TOURISM/COMMERCIAL DEVELOPMENT. THEY REPRESENT WHAT I HAVE BEEN CALLING THE THREE LEGS TO OUR ECONOMIC DEVELOPMENT STOOL. ONE OF THE HALLMARKS OF THE CITY THAT TIME PERIOD, AND TO SOME EXTENT OF ROANOKE'S EFFORT PRECEDING THAT TIME HAVE BEEN INVOLVED IN A NUMBER OF PROJECTS INCLUDING CARVINS COVE, THE REGIONAL LANDFILL, AND THE NEW REGIONAL AIRPORT. AND WITH SUCH EFFORTS WE HAVE DRIVEN DEVELOPMENT FOR THE VALLEY AND THIS PART OF DURING PERIOD, WAS TO PLAN AND ACT AS A MAJOR FORCE IN THE REGIONAL ECONOMY OF WESTERN VIRGINIA. IN OTHER WORDS, OVER THE YEARS WE THE STATE. THESE REGIONAL PROJECTS WERE NOT JUST BENEFIT OF THE CITY OF ROANOKE. EVERY JURISDICTION HAS BENEFITTED FROM THESE CITY ACTIONS. 4 DONE FOR THE IN THIS AREA AT THE ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY, FOR EXAMPLE, WE STATED THAT WE WERE GETTING INVOLVED IN THIS INDUSTRIAL PARK IN ORDER TO PROVIDE LARGE SITES THAT COULD ATTRACT BASIC EMPLOYERS. WE DEFINED A BASIC EMPLOYER AS SOMEONE WHO HAD AT LEAST 50 PERCENT OR MORE OF ITS SALES OUTSIDE THE GREATER ROANOKE AREA. THAT WAY, WE WOULD BRING NEW GROWTH INTO THE ECONOMY, NOT JUST REDISTRIBUTE THE PIE. WE SAID NO TO SEVERAL QUICK SALES WHERE WE COULD HAVE GOTTEN MORE MONEY FOR COMMERCIAL, NON-BASIC EMPLOYERS OR LARGE WAREHOUSES WITH LITTLE OR NO EMPLOYMENT. HELD OUT FOR LARGER-SCALE, BASIC EMPLOYERS THAT ECONOMY OF THE ENTIRE REGION. BUT INSTEAD, WE WOULD HELP THE AS WE CONTINUE TO ADDRESS EMPLOYMENT OPPORTUNITIES AND THE ROANOKE'S FUTURE, WE MUST ALSO LOOK AT SOME OF THE CITY'S CHANGING STATES, DEMOGRAPHICS. 5 LIKE MOST URBAN CITIES IN THE UNITED ROANOKE HAS EXPERIENCED PERIODS OF GROWING POVERTY AND HOUSING DETERIORATION. BECAUSE OF THE SERVICES PROVIDED IN THE CITY SUCH AS PUBLIC TRANSPORTATION, SOCIAL SERVICES AND HEALTH CARE, WE HAVE SERVED AS A MAGNET TO AND, THEREFORE, PROVIDER FOR THE DISADVANTAGED IN WESTERN VIRGINIA. IN THE PAST, WE COULD HAVE ADDRESSED OUR NEED TO GROW GEOGRAPHICALLY AND IMPROVE REVENUES THROUGH ANNEXATION. WITH THAT TOOL, IN ONE FELL SWOOP WE COULD INCREASE THE CITY'S POPULATION, INCREASE THE NUMBER OF SCHOOL-AGE STUDENTS, INCREASE THE PER CAPITA INCOME OF THE CITY AND CREATE NEW SITES FOR DEVELOPMENT. THE ABILITY TO ANNEX ADJACENT LAND ALLOWED THE CITY TO CONTINUE ITS ROLE AS THE DRIVER OF THE REGIONAL ECONOMY BECAUSE OF THE CITY'S FINANCIAL STABILITY, EXISTING INFRASTRUCTURE AND WILLINGNESS TO ACT AGGRESSIVELY ON AVAILABLE DEVELOPMENT OPPORTUNITIES. ANNEXATION, HOWEVER, WAS REMOVED AS AN OPTION IN 1978. 6 WITH TNAT ACTION OF THE GENERAL ASSEMBLY, CAME THE REALIZATION THAT THE 43 SQUARE MILES THAT WE HAVE TO WORK WITH IN THE CITY OF ROANOKE WILL BE ALL WE HAVE TO WORK WITH, AND WE NEED TO MAKE IT AS PRODUCTIVE AS WE POSSIBLY CAN. IT IS GOING TO REQUIRE THAT WE BECOME EXTREMELY ASTUTE AT THE INVESTMENTS WE MAKE IN THE FUTURE. IT WILL REQUIRE CONTINUAL RE-EVALUATION OF INVESTMENTS WE MAKE TO SEE THAT THE CITY OF ROANOKE IS THE PRIMARY BENEFICIARY FROM THOSE INVESTMENTS. THAT MEANS THE CITY IS GOING TO HAVE TO FOCUS ON ADDRESSING ISSUES WITHIN OUR CURRENT BOUNDARIES. WHICH IS NOT TO SAY THAT WE WON'T AND SHOULD NOT CONTINUE TO BE INVOLVED IN MAJOR PROJECTS THAT IMPACT THE WHOLE REGION'S ECONOMY. INDEED, THAT IS WHY WE CONTINUE TO BE INVOLVED IN THE HOTEL ROANOKE/CONFERENCE CENTER AND ULTIMATELY THE CONVENTION CENTER PEOJECT -- BECAUSE WE KNOW THAT SUCH PROJECTS WILL NOT ONLY BENEFIT THE CITY, BUT RATHER THE ENTIRE REGION'S ECONOMY. 7 ONE KEY ELEMENT OF THE EQUATION IN PREPARING ROANOKE TO PROSPER IN THE 21ST CENTURY RELATES TO HOUSING. IN ADDITION TO QUALITY SCHOOLS, QUALITY GOVERNMENT SERVICES, STRONG NEIGHBORHOODS AND ATTRACTING AND MAINTAINING EMPLOYERS, WE MUST HAVE THE VARIETY AND CHARACTER OF HOUSING THAT ADDRESSES THE NEEDS OF INDIVIDUALS FROM ALL WALKS OF LIFE AND ALL INCOME LEVELS. IT IS THUS HELPFUL TO LOOK AT WHAT WE HAVE DONE OVER THE LAST 10 YEARS IN REGARD TO HOUSING. CLEARLY, WE HAVE DEVOTED TREMENDOUS EFFORTS TOWARDS REVITALIZING THE HOUSING STOCK FOUND PRIMARILY IN OUR LOW TO MODERATE INCOME NEIGHBORHOODS. AND I SHOULD MENTION THAT WHEN WE DISCUSS LOW TO MODERATE INCOMES, THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT DESCRIBES SUCH HOUSEHOLDS AS, FOR EXAMPLE, A FAMILY OF FOUR WITH AN INCOME OF LESS THAN $30,900. I THINK YOU'LL BE AMAZED TO SEE HOW MUCH HAS BEEN DONE IN THIS REGARD WITH FEDERAL, STATE, LOCAL AND PRIVATE MONEY IN THIS AREA. 8 OVER THE LAST 10 YEARS, MORE THAN $31.5 MILLION DOLLARS HAVE BEEN PROVIDED BY, OR ACCESSED BY, AUTHORITY, FOR VARIOUS HOUSING PROGRAMS. OR IMPROVEMENT OF 2,900 HOUSING UNITS, OWNERSHIP FOR OVER 500 HOUSEHOLDS. THE CITY AND THE HOUSING WE'VE SEEN THE RENOVATION AND ASSISTED IN HOME IN THIS CURRENT FISCAL YEAR ALONE, HOUSING PROGRAMS OPERATED BY, OR PROMINENTLY INVOLVING THE CITY, TOTAL $4 MILLION DOLLARS. LET ME REPEAT, THIS YEAR ALONE, WE WILL SEE $4 MILLION DOLLARS GO TOWARDS LOW TO MODERATE HOUSING INITIATIVES IN THE CITY OF ROANOKE. WE ARE DOING A GOOD JOB WITH A VARIETY OF PROGRAMS THAT RANGE FROM REHAB OF RENTAL UNITS TO REVERSING DECLINE IN THE PHYSICAL CONDITION OF HOUSES, TO STRICTER CODE ENFORCEMENT, TO ASSISTING NEW HOMEOWNERS WITH LOANS, DOWN PAYMENT ASSISTANCE AND IN IDENTIFYING VACANT HOMES FOR SALE. WE HELP ADDRESS CRITICAL HEALTH AND SAFETY DEFICIENCIES, AND PAINT THE EXTERIOR OF HOMES TO IMPROVE THEIR APPEARANCE. ATTACHED TO YOUR PRESENTATION IS A MORE DETAILED LISTING OF THOSE PROGHAMS AND THE EXACT AMOUNT ALLOCATED FOR EACH PROGRAM, INCLUDING THE SOURCE OF THOSE FUNDS. AND QUITE HONESTLY, IT IS STILL NOT HAVE HUNDREDS OF INDIVIDUALS WHO ARE AT RISK. ELIMINATE ALL SUB-STANDARD HOUSING IN THE CITY UNDERSTOOD TO BE AN UNREALISTIC GOAL, GIVEN THE ENOUGH. WE STILL AND THE GOAL TO BY 1995 IS NOW DEFAULT OF THE FEDERAL GOVERNMENT TO MAKE GOOD ON EARLIER PROMISES TO PROVIDE US WITH ASSISTANCE. WE CAN'T AFFORD TO ABANDON THOSE EFFORTS. IN THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY REPORT WE WILL BRING YOU NEXT WEEK, WE WILL FOCUS ON HOW WE HOPE TO CONTINUE THOSE EFFORTS FOR THE NEXT FIVE YEARS. AND WE MUST UNDERSTAND THAT THOSE EFFORTS ARE IMPORTANT IN REACHING OUR MISSION STATEMENT OF MAKING ROANOKE THE BEST PLACE TO LIVE AND WORK IN THE SOUTH. AND WE ARE COMMITTED TO CONTINUING OUR EFFORTS IN THIS REGARD. SO WHERE ARE WE NOW OVERALL? STATISTICS IN THE CITY'S 10 1988 HOUSING STRATEGY TASK FORCE REPORT REVEAL TRAT 43 PERCENT OF OWNER-OCCUPIED HOUSES WERE VALUED AT LESS TRAN $50,000 COMPARED TO 21 PERCENT IN SALEM AND 11 PERCENT IN THE COUNTY. UPPER-END HOUSES, THOSE WORTH $100,000 OR MORE REPRESENTED 11 PERCENT OF THE OWNER-OCCUPIED PERCENT IN THE HOUSES IN THE CITY, 20 PERCENT IN SALEM, AND 27 COUNTY. THIS IMBALANCE IN HOUSING VALUES IN THE CITY, GIVEN THE COMPREHENSIVE SERVICES DEMANDED BY OUT CENTER CITY STATUS, MUST BE ADDRESSED. SOME MAY WONDER WNY THIS IS IMPORTANT. UNFORTUNATELY, IT COMES DOWN TO THE ABILITY TO PAY FOR SERVICES RECEIVED. CONSEQUENTLY, MORE EXPENSIVE RESIDENTIAL PROPERTIES AND COMMERCIAL AND INDUSTRIAL PROPERTIES ARE OFTEN RELIED UPON TO FILL THE GAP. THUS, JUST AS A DIVERSE ECONOMIC BASE IS DESIRABLE FOR A CITY, SO IS A DIVERSITY IN HOUSING COSTS AND TYPES IN ORDER TO SECURE THE CITY'S LONG-TERM FINANCIAL HEALTH AND STABILITY. THIS CITY COUNCIL AND PREVIOUS CITY COUNCILS RAVE 11 PROVIDED FOR MORE THAN OUR FAIR SHARE OF LOW COST HOUSING. AND YET, I THINK WHAT PEOPLE LOSE FOCUS OF IS THAT SOMETIMES WE END UP BEING THE PROVIDER FOR ALL OF WESTERN VIRGINIA AND, IT IS TO THAT DEGREE, THAT OUR RESOURCES GET STRETCHED AND OUR EFFORTS LOOK LIKE THEY FALL SHORT. BUT THIS COUNCIL SHOULD FEEL POSITIVE ABOUT THE EFFORT OUR CITY HAS MADE IN THIS IMPORTANT HUMAN RESOURCE AREA. WE MUST, NONE THE LESS, PLAN FOR OUR FUTURE -- FOR THE OPPORTUNITY TO GROW WITHIN OUR LIMITED BOUNDARIES. WHAT WE NEED TO FOCUS ON NOW, IN ADDITION TO MAINTAINING OUR CURRENT PROGRAMS, IS A MORE DIVERSIFIED HOUSING INITIATIVE. ONE THAT ADDS TO THE POPULATION OF THE CITY, ONE TRAT ADDS CHILDREN TO OUR SCHOOLS, ONE THAT BUILDS UPON OUR EXISTING INFRASTRUCTURE. IF THE IMBALANCE GROWS, THE RESULT WILL BE A STRAIN ON OUR ABILITY TO RETAIN THE BLEND OF SERVICES DESIRED BY THOSE BUSINESSES AND CITIZENS WHO SUPPORT OUR CURRENT TAX BASE. I AM CONFIDENT THAT IF WE BEGIN WORKING TOWARDS 12 MAINTAINING THIS DIVERSITY NOW, WE CAN AVOID AN IMBALANCE. HOWEVER, COMPETING FOR HIGHER LEVEL, MARKET-RATE HOUSING, IS GOING TO TAKE AN EFFORT EQUAL TO THE VISION, PLANNING AND IMPLEMENTATION WE HAVE COMMITTED TO OUR ECONOMIC DEVELOPMENT PROGRAMS OVER THE LAST 10 YEARS. WE'RE GOING TO HAVE TO PLAY A ROLE IN SEEING TO IT THAT SITES AND BUILDINGS FOR NEWMARKET-RATE HOUSING ARE AVAILABLE. WE ARE GOING TO HAVE TO WORK WITH DEVELOPERS AND NEGOTIATE AND PROVIDE INCENTIVES FOR HOUSING DEVELOPMENT SIMILAR TO THOSE THAT WE HAVE MADE FOR COMMERCIAL, INDUSTRIAL AND DOWNTOWN DEVELOPMENT. TODAY, AT CITY COUNCIL'S REQUEST, AND NOW WITH YOUR CONCURRENCE, MARKET-RATE HOUSING WILL BECOME AMAJOR FOCUS FOR THIS CITY IN THE FUTURE. AND IT WILL BE AN EFFORT THAT WILL ENCOMPASS CITY COUNCIL'S MISSION STATEMENT TO BE THE BEST PLACE TO LIVE AND WORK IN THE SOUTH. IT WILL WORK IN SUPPORT OF QUALITY SCHOOLS, GOVERNMENT SERVICES AND GOOD NEIGHBORHOODS. BUT IT WILL CLEARLY BE FOCUSED ON INCREASING MARKET-RATE HOUSING IN THE CITY AND KEEPING THE BALANCE THAT WILL BE SO CRITICAL TO OUR FUTURE. 13 IN THIS REGARD, I HAVE ASKED OUR ECONOMIC DEVELOPMENT DEPARTMENT TO LEAD THE EFFORTS IN THIS NEW INITIATIVE. TO BRING TO THIS ISSUE THE SAME CREATIVITY WE HAVE UTILIZED IN ATTRACTING NEW BUSINESSES AND INDUSTRIES. WE WILL, AS PART OF THIS EFFORT, SEEK THE GUIDANCE AND DIRECTION OF LEADERS IN THE REAL ESTATE, FINANCE AND HOUSING DEVELOPMENT COMMUNITIES TO MAKE SURE OUR STRATEGIES ARE ON TARGET AND EFFECTIVE. IN ADDITION, OUR CURRENT STAFF FROM THE CITY'S HOUSING DEPARTMENT, COMMUNITY PLANNING AND GRANTS COMPLIANCE OFFICES, WILL SERVE AS RESOURCES IN THE NEW INITIATIVE BRINGING THEIR EXPERTISE AND EXPERIENCES IN THE HOUSING ARENA. LET ME MAKE IT CLEAR, HOWEVER, THAT THIS NEW INITIATIVE WILL IN NO WAY BE DONE AT THE EXPENSE OF OUR EXISTING HOUSING PROGRAMS. LET ME REPEAT THAT: THE NEWMARKET-RATE INITIATIVE WILL NOT BE DONE AT THE EXPENSE OF OUR EXISTING PROGRAMS. STAFF AND RESOURCES WILL CONTINUE TO BE DEDICATED AT THE SAME LEVEL TOWARDS ADDRESSING THE NEEDS OF THIS COMMUNITY REGARDING LOW TO MODERATE INCOME HOUSING. 14 AS MENTIONED EARLIER IN MY PRESENTATION, NEXT WEEK WE WILL PRESENT THE COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY, WHICH WILL FOCUS ON OUR CONTINUING EFFORTS IN THE LOW TO MODERATE INCOME AREAS, AND ON DECEMBER 2, WE WILL RETURN TO GIVE YOU THE APPROACHES AND PROCESSES WE WILL TAKE TO FULFIL OUR GOALS IN REGARD TO BALANCING OUR HOUSING DIVERSITY. I AM EXCITED ABOUT THE POTENTIAL WE ALREADY SEE. I BELIEVE THAT OUR CITY COUNCIL IS LEADING THE WAY IN THESE NEW EFFORTS AND THAT QUITE POSSIBLY, DECADES FROM NOW, THIS NEW FOCUS WILL BE LOOKED UPON AS A CRITICAL EVENT TO MAINTAIN THE CITY OF ROANOKE'S POSITION IN WESTERN VIRGINIA, THE COMMONWEALTH AND AS A VIBRANT COMMUNITY WHERE PEOPLE DESIRE TO LIVE AND WORK. THANK YOU. HOUSING PROGRAMS AND ACTIVITIES IN FISCAL YEAR 1991-1992 NOVEMBER 1991 1. Code Enforcement a. Purpose -- ensure that all occupied buildings meet minimum standards of health and safety, according to the Statewide Building Code. b. Description -- Building inspectors inspect buildings and issue appropriate notices to owners of record, to make repairs, or to vacate the building and secure it from entry, or to demolish. c. Funding -- $69,568 CDBG funds for administration, $85,000 CDBG funds for demolition $15,000 General Funds for demolition and boarding up $169,568 2. Rental Rehabilitation Pro~ram a. Purpose -- support rehabilitation of rental units in downtown Roanoke. b. Description -- HUD grant funds are used for up to 50% of the rehabilitation expenses for privately-owned rental buildings, on terms set by the City. Units are expected but are not required to be affordable to low-moderate income tenants. c. Funding -- $49,000 in HUD grant (public funds) approx. 90,000 in conventional private financing $139,000 Neighborhood Stabilization and Enhancement Pro~ram (NSEPtion) a. Purpose -- reverse decline in physical condition of strategic neighborhoods and move toward market strength and self-sufficiency. b. Description -- Door-to-door code enforcement inspections are conducted on rental property and vacant buildings, with rehabilitation subsidies offered to assist with property improvements. Investments in neighboring properties encourage property-owners to reinvest in their own properties . Program applies to a portion of Mountain View neighborhood along Campbell Avenue SW corridor. c. Fundin~ -- $125,000 from Virginia Housing Partnership Fund 195,000 in CDBG funds 72,095 in CDBG funds for administration approx. 32~000 from owners and conventional lenders $424,095 4. Homeownership Assistance "Mega-Program" Purpose -- Assist new homeownership, especially by low-moderate income families. Description -- A changing variety of funding programs and other forms of assistance are accessed and combined flexibly to respond to needs of households aspiring to homeownership, and to capitalize on opportunities to use existing housing stock for homeownership. Methods include property acquisition, short-term development financing, long-term mortgage financing, down payment assistance, mortgage insurance, Funding -- $450,000 125,000 255,000 approx. 55,000 24,035 educational programs, etc. from VHDA's Urban Homeownership Opportunity Program (UHOP) from the Virginia Housing Partnership Fund in CDBG funds in Sec. 312 funds in CDBG funds for administration open amount of mortgage insurance from Federal Housing Administration $909,035 + 5. Limited Critical Repair Program a. Purpose -- Alleviate critical health and safety deficiencies that may require condemnation of housing units occupied by low-moderate income households. b. Description -- Incorporates and replaces previous programs of Critical Home Repair Program, Quick Response to Emergencies, and Emergency Home Repair Program. Limited but critically needed repairs are made to houses or rental units found to be in dire need of repair in order to be habitable. Form of assistance varies by circumstances, but is intended to be affordable to either the low-income homeowner or the investor-owner who rents to low-income tenants. Exterior painting or siding may also be allowed. c. Funding--S192,650 of CDBG funds 16,350 from Virginia Housing Partnership Fund 136,980 of CDBG funds for administration approx. 30,000 of owners' matching funds $375,980 6. Operation Paint Brush a. Purpose -- Improve appearance of housing stock in neighborhoods. b. Description -- Exterior of homes of low-moderate income owners are painted or sided. Labor may be performed by volunteers. c. Funding -- $40,000 in CDBG funds 26,440 in CDBG funds for administration $66,440 7. Vacant House Catalo~ a. Purpose -- Assist resale of vacant houses to parties willing and able to repair and reuse. b. Description -- Vacant houses generally in need of significant repair whose owners wish to sell are compiled into a catalog, which is made available to any potential buyers. Information is included regarding the location, size, zoning designation, assessed value and asking price, and person to contact. Each edition of the Catalog includes approximately 100 houses, of which 35-45% typically are sold and repaired within a year. (The Cities of Richmond and Danville are also publishing their own catalogs periodically.) c. Fundin~ -- Approximately $7000 cost included in Housing Marketing account of $12,000 on CDBG funds. 8. Owner-Occupied Rehabilitation Loan Pro~ram a. Purpose -- Assist the rehabilitation of homes of low- moderate income homeowners. b. Description -- Grants and 15-year loans @ 4% interest are made to qualifying homeowners to pay for rehabilitation of their homes. c. Funding -- $100,000 from Virginia Housing Partnership Fund Section 8/Moderate Rehabilitation Single Room Occupancy Pro~ram a. Purpose -- Provide suitable housing units for low-moderate income individuals, especially those who are homeless and/or recently deinstitutionalized and needing supportive services or limited supervision. b. Description -- Five vacant deteriorated buildings will be bought by TAP for renovation into approximately 12 apart- ments of 3-4 bedrooms each. Space in these apartments will be rented to low-moderate income individuals, generally sponsored, monitored, and supported by service provider agencies, e.g. Veterans Hospital, Mental Health Services, TAP Transitional Living Center. Through the Section 8 Moderate Rehabilitation program, HUD guarantees rent subsidies sufficient to cover privately financed debt and operating expenses. Project is distinguished from other Sec. 8 Mod. Rehab. projects by concentration on single tenants and inclusion of supportive services to tenants. c. Fundin~ -- $145,000 in CDBG funds 500,000 from Virginia Housing Partnership Fund 26,445 in CDBG funds for administration approx. 432,435 in private conventional financing $1,103,880 10. Housing Downpayment Assistance (Gainsboro) a. Purpose -- Assist buyers of new townhouses in the Gainsboro neighborhood meet cash requirements. b. Description -- CDBG funds are contributed toward the cash that low-moderate income buyers need for down payments and closing costs in order to afford the 10 new townhouses to be constructed in Gainsboro. Funds may pay all closing costs and as much as half of the required down payments. c. Funding -- $ 50,000 in CDBG funds 500~000 from VHDA's Virginia Housing Fund $550,000 11. Loudon Avenue New Houses a. Purpose -- Facilitate the construction of new single- family homes in the Gilmer Conservation Area. b. Description -- The Northwest Neighborhood Environmental Organization (NNEO) will build three houses on Loudon Avenue and sell them to low-moderate income buyers. CDBG funds pa~ the cost of site work, with funds from other sources providing the balance of development financing. c. Funding -- $23,225 in CDBG funds 50,000 from HUD Neighborhood Demonstration Grant 60,000 conventional construction financing 10,000 from NNEO $143,225 12. Housing Counseling and Referrals a. Purpose -- Assist citizens to find resources appropriate to their housing needs, including resources in the private sector. b. Description -- Citizens and others seeking information or guidance are counseled and referred to available known resources, as needed. These range from financial resources of loans and grants, to sources of legal help, to identification of specific properties that may be appropriate. Activities include speaking to various groups and professional associations. c. Funding -- Included in General Fund and CDBG funding of Housing Development Office. 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 November 21, 1991 SANDRA H. EAKIN Deputy City Clerk File //29-178-268-169 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I attaching copy of Resolution No. 30786-111891 waiving certain provisions of Ordinance No. 22055, adopted February 3, 1975, relating to underground installation of telephone, telegraph, and electric wires, upon certain terms and conditions, in the Gainsboro Development Project area. Resolution No. 30786-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, ~O,_~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc' Mr. Michael L. Campbell, Electrical Engineer I, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022-2121 Mr. Carl T. Tinsley, President, Gainsboro Project Area Committee, 2647 Springhili Drive, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. Robert K. Bengtson, Acting Manager, Siguais and Alarms IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 18th Day of November, 1991. No. 30786-111891. A RESOLUTION waiving certain provisions of Ordinance No. 22055, adopted February 3, 1975, relating to underground installation of telephone, telegraph, and electric wires, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The provisions of Ordinance No. 22055, adopted February 3, 1975, requiring that all telephone, telegraph, and electric wires and cables in the Gainsboro Neighborhood Development Project area shall, unless otherwise expressly authorized by Council, be placed underground, are hereby waived to authorize the overhead relocation by Appalachian Power Company of an electric line to the east side of Fifth Street and to allow other utility lines to be attached to such poles all as more particularly described in the City Manager's report of November 18, 1991. 2. Except as provided herein or as otherwise expressly provided by this Council, the terms and provisions of Ordinance No. 22055 shall continue in full force and effect. ATTEST: City Clerk. Roanoke, Virginia P~O~'~mber 18, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: UNDERGROUND VS OVERHEAD POWER LINES FIFTH STREET BRIDGE PROJECT I. Backqround: City policy, as established by City Council Ordinance No. 22055 (Attachment A), dated February 3, 1975, requires that all electrical wires and cables, telephone wires and telegraph wires be placed underground in the Gainsboro Neighborhood Development Program (see Attachment B). This ordinance also recognizes an unresolved question of the payment of the additional cost between underground and overhead construction. Council retained the option in the cited ordinance to authorize overhead construction. This has been done once in the Gainsboro Neighborhood Development Program when City Council authorized Appalachian Power Company (APCO) to construct a 69 Kv line overhead (Ordinance No. 24138, dated May 8, 1978 - see Attachment C). Utility relocation planning by the Virginia Department of Transportation (VDOT) is now in progress for the Fifth Street Bridge Project. The location and design of this project was approved by Roanoke City Council at its meeting on September 17, 1990 by Resolution No. 30232-91790 (see project map - Attachment D). VDOT coordinates its efforts with local utility companies to make necessary utility relocations. Fifth Street, north of the bridge, is entirely within the boundary of the Gainsboro Neighborhood Development Program. II. Current Situation: Appalachian Power Company has submitted the attached letter (Attachment E) dated August 21, 1991, which requests that City Council waive the requirement for electric lines to be located underground in a portion of the Gainsboro Neighborhood Development Program. Proposed 12 Kv overhead electric lines are believed by APCO to be beneficial/acceptable for several reasons, as discussed in APCO's letter, as summarized here: Mayor and Members of Council RE: Underground vs Overhead Power Lines\ Fifth Street Bridge Project Page 2 III. 1. Reduces number of pole lines. 2. Street lights could use the proposed pole line. 3. Armless construction feature on poles is more aesthetic than APCO's preferred cross arm poles. Pole line would be in fringe area of Gainsboro Neighborhood Development Program (see Attachment F). 4. Service reliability jeopardized during emergency situations. 5. Cost incurred is $380,000 greater with underground as opposed to overhead. VDOT needs to proceed with right-of-way acquisition for this project and must have utility relocation plans completed in order to do so. Chesapeake & Potomac Telephone Company (C&P), Cox Cable TV, and City Fire Alarm lines would all remain overhead on the same poles with APCO lines, if APCO is allowed to remain overhead. E. Second Street/Gainsboro Road and Wells Avenue projects are also within the Gainsboro Neighborhood Development Program. All overhead lines remaining along these projects will be placed underground. Some overhead lines will be rerouted along other Gainsboro streets. These will be considered as temporary only and will have to be placed underground when any type of street construction, reconstruction, closing, or any other changes are accomplished by the City. Gainsboro Project Area Committee and the Roanoke Redevelopment & Housing Authority have both been advised of the request for electric lines to remain overhead. Neither organization objects to the overhead lines. Issues: A. City policy B. Cost C. Reliability D. Aesthetics Mayor and Members of Council RE: Underground vs Overhead Power Lines/ Fifth Street Bridge Project Page 3 IV. Alternatives: City Council waive underground requirement and allow APCO to relocate overhead electric line to east side of Fifth Street within the Gainsboro Neighborhood Development Program. City policy for underground utilities in Gainsboro from Ordinance No. 22055 is not followed, although this ordinance does allow for authorization to the contrary. 2. Cost to APCO is incurred for APCO for overhead construction. 3. Reliability is at an acceptable level for APCO and the public. Aesthetics would be enhanced relative to reduction in number of existing poles, and use of "armless" poles. Three existing pole lines would actually be reduced to two pole lines since City desires street lighting along both sides of Fifth Street. Total number of poles would be reduced from 27 to 16 poles (approximate). City Council adhere to underground requirement and inform APCO to construct its power system underground as necessitated by the Fifth Street Bridge Project. 1. City Dolic¥ for underground utilities in Gainsboro from Ordinance No. 22055 is followed. Cost of constructing a comparable underground power system is reported by APCO to be $380~000 more than an overhead system. Ordinance No. 22055 recognizes that the question of payment of the difference in cost of installing underground rather than overhead utilities in Gainsboro is unsettled and remains to be resolved. Reliability of APCO, would situations. service to this area, as believed by be jeopardized during emergency Mayor and Members of Council RE: Underground vs Overhead Power Lines/ Fifth Street Bridge Project Page 4 Aesthetics would be addressed by having three existing pole lines reduced to two pole lines with street lights only (no wires spanning between poles). Recommendation is that City Council waive underground requirement and allow APCO to relocate overhead electric wires to east side of Fifth Street within the Gainsboro Neighborhood Development Program. Respectfully submitted, W. Robert Herbert City Manager WRH/RKB/fm cc: City Attorney Director of Finances Director of Public Works Director of Utilities & Operations City Engineer Gainsboro Project Area Committee ATTACHMENT A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 1975. No. 22055. AN ORDINANCE reaffirming the City's established policy and order wi~h respect to telephone and telegraph wires and wires and cables carrying electricity now or hereafter to be installed in the public streets, avenues, alleys, ways and public places in the Gainsboro Neighborhood Development Project in the City; and recognizing that the question of payment of the difference in cost of installing underground rather than overhead utilities in said area is unsettled and remains to be resolved. WHEREAS, it was ordered and required by the City of Roanoke, by Ordinance No. 20385, adopted by the Council of said City on July 24, 1972, that all telephone and telegraph wires and all wires and cables carrying electricity, now or hereafter installed in the public streets, avenues, alleys, ways and public places in the Kimball Urban Renewal Project in the City be placed by the public service corporations owning and operating the same underground unless expressly authorized by said Council; and WHEREAS, the Council, for the reasons stated in Ordinance No. 20385 deems, it necessary, proper and reasonable, as an exercise of its police power, to order similar requirement with respect to lines, wires and other facilities of public service corporations proposed and necessary to be installed in the Gainsboro Neighborhood Development Project now under development; and WHEREAS, the public utilities here involved, have indicated a willingness to proceed with underground construction of their facilities in the Gainsboro Neighborhood Development Project in the City in order that the ultimate utilization of the project not be delayed, providing that such commencement of construction not be construed as a waiver of either utility to make claim for and, if so advised, to bring suit for the difference in cost between the overhead and the underground installations when the same hav~ been completed. THEREFOP. E, BE IT ORDAINED by the Council of the City of Roanoke that, in order to provide public streets, alleys, ways and other public places in the Gainsboro Neighborhood Development Projecg area that are safe, convenient and attractive, to relieve congestion on all such streets, avenues, alleys, ways and places, to provide greater safe~y, and to provide for the general welfare of the City and its inhabitants, all telephone and telegraph wires and all wires and cables carrying electricity, now or hereafter installed in the public streets, avenues, alleys, ways and public places zn ghat area of the City of Roanoke known and described as the Gainsboro Neighborhood Development Project shall, unless hereafter expressly otherwise authorized by the Council, be properly and safely placed underground by the public service corporations owning and operating the same, the Council reserving the right go prescribe general rules and regulations for the construction and usa of such facilities, and of full exercise of the police power of the City. BE IT FURTHER ORDAINED by the Council of the City of Roanoke that said body, being advised of the willingness of Appalachian Power Company and The Chesapeake and Potomac Telephone Company of Virginia to proceed with installation of underground electric and telephone facilities in the Gainsboro Neighborhood Development Projecg in the City, recognizes that the issue of ultimate financial responsibility for the difference in cost between installation of underground electrical and telephone facilities has not been conceded by Appalachian Power Company nor by The Chesapeake and Potomac Telephone Company of Virginia, respective owners of the aforesaid facilities, and that the question may be determined following completion of such installation, by legal proceedings, if necessary; and that said Council recognizes that the aforesaid companies have not waived any right nor shall they be estopped by proceeding with construction of said facilities to recover such difference in cost, once the project has been completed. BE IT FURTHER RESOLVED that the City Clerk transmit an attested copy hereof to each abovenamed company and to the City of Roanoke Redevelopment and Housing Authority. ATTEST: City Clerk. ATTACHMENT B GA~NSBORO NEIGHBORHOOD DEVELOPMENT PROGRAM ATTACHMENT C IN THECOUNCILOFTHECITYOFROANOKE, VIRGINIA, The 8th day of May, 1978. No. 24138. A RESOLUTION waiving certain provisions of Ordinance No. 22055, adopted February 3, 1975, relating to underground installation of telephone, telegraph, and electric wires, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoka as follows: 1. That the provisions of Ordinance No. 22055, adopted February 3, 1975, requiring that all telephone, telegraph, and electric wires and cables in the Gainsboro Neighborhood Development Project area shall, unless otherwise expressly authorized by Council, be placed underground, are hereby waived to authorize the overhead relocation by Appalachain Power Cc~pany of a portion of the 69 KV line from Lukens Station from the west side of the present Peach Road to the new east side of Peach Road, which will be renanmd Gainshoro Road, and f~um the St. Andrews Catholic Church property on the south to Orange Avenue on the north, a distance of appro~m~tely 1500 feet, such proposed 69 KV line being more partic,,l~rly described on Appalachian Power C~any drawing No. 071-547, dated December 15, 1977, a copy of which is on file in the City Clerk's Office; and 2. That this waiver shall apply only to the 69 KV line described herein and no other lines shall be attached to the poles or supports for such line unless expressly authorized by Coungil. A£1~ST: City Clerk. ATTACHMENT D / CITY OF t~OANOKE Pt~ OJEC T HIGHWAY IMPROVEMENT PROJECT FIFTH STREET CITY OF ROANOKE, VIRGINIA FROM: INT. OF SAI.F.M AVENUE TO: INT. OF GILMER AVENUE PROJECT NO. U000-128-118,PE-101 LENGTH: 0.33 ]~rrT.~ SCALE IN FEET 0 250 500 Appalachian Power Company PO Box 2021 Roanoke, VA 24022-2~21 7O3 985 23OO ATTACHMENT E August 21, 1991 APPALACHIAN POWER Robert K. Bengtson Office of the City Engineer Room 350, Municipal Building 215 Church Avenue S.W. Roanoke, VA. 24011 Dear Mr. Bengtson, Due to economic reasons and concerns for service reliability, we would like to request that the City Council exercise its authority to waive provisions provided in Ordinance No. 22055 requiring all electric lines to be located underground in the Gainsboro Neighborhood Development Project. We are requesting this as part of the Fifth Street Bridge Improvement Project which would require us to install our lines underground. We are providing you a proposed plan (drawing #1) to relocate our over head electric lines to the east side of Fifth Street in order to make room for the construction project. The plan also shows existing APCO, C&P~ and City of Roanoke lines. We feel that our plan will provide the following benefits: 1. Reduce the number of pole lines on that section of Fifth Street from three to one by joint use of our poles with C&P and the City of Roanoke. 2. The existing City street lights and Wometco Coca Cola Bottling dusk-to-dawn lights on our poles could both utilize the single pole line and would not have to be converted to underground. 3. We would use armless construction, which is a more aesthetic construction than our preferred cross arm construction, in the small fringe area of the Gainsboro Project as indicated on drawing #2. 4. Since this section of line will be a critical link in the emergency power source to the Downtown Area and because our existing emergency feed has to be removed due to the Second Street Corridor Project~ we feel that converting this section to underground would jeopardize service reliability to this area during emergency situations. Robert Bengtson August 21, 1991 Page 2 To install a comparable underground power system would cost an additional $380,000 dollars above the the cost of over head facilities. We would appreciate you approaching the Council with this information. If there are other questions which you would like answered please feel free to call me on 983-1826. Sincerel7'~ /'7 /~ Electrical Engineer I mlc /misc/Sth_l Attachments c: M. J. Mercier W/A ATTACHMENT F GAINSBORO NEIGHBORHOOD DEVELOPMENT PROGRAM APCO'S DESIRED OVERHEAD LINES APCO'S DESIRED OVERHEAD LINES MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, ~ru~inia 24011 Telephone: (703)981-2541 November 21, 1991 SANDI~. H. EAKIN Deputy City Clerk File//178-236-488 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30787-111891 authorizing you to execute Amendment No. 1 to the Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), to provide for the use of Neighborhood Development grant funds for additional site preparation related to the construction of three singie family dwellings on Loudon Avenue, N. W. Resolution No. 30787-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, /~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Ms. Florine Thornhill, President, Northwest Neighborhood Environmental Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Mr. Joel M. Schlanger, Director of Finance Mr. WliHam F. Clark, Director, Public Works Mr. John R. Marlles, Chief of Community Planning Ms. Stephanie F. Cicero, Neighborhood Partnership Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30787-111891. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Agreement Environmental Organization, Neighborhood Development grant funds preparation related to the construction dwellings on Loudon Avenue, N.W. with the Northwest Neighborhood Inc. (NNEO), to provide for the use of for additional site of three single family BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That the City Manager or the Assistant City Manager, and the City Clerk are hereby authorized, for and on behalf of the City, to execute, seal and attest, respectively, Amendment No. 1 to the Agreement with the Northwest Neighborhood Environmental Organization, Inc. (NNEO), which Amendment shall provide for the use of additional Neighborhood Development grant funds in the amount of $10,000.00 for additional site preparation costs in connection with the Loudon Avenue New Houses Project, as more particularly set forth in the City Manager's report to Council dated November 18, 1991. 2. The form of the Amendment shall be approved by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia November 18, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment No. 1 to Contract for Services with the Northwest Neighborhood Environmental Organization (NNEO) I. Background: City Council authorized funding for the Loudon Avenue New Houses project as part of the Community Development Block Grant (CDBG) application; approved by Council by Resolution No. 30508-51391 on May 13, 1991. Council authorized execution of a grant agreement between the Northwest Neighborhood Environmental Organization (NNEO) and the City of Roanoke for site preparation costs related to the Loudon Avenue New Houses project by Resolution No. 30581-62491 on June 24, 1991. NNEO proposes to construct three single family houses (2 in the 800 block of Loudon Avenue, NW and 1 in the 900 block of Loudon Avenue), which when completed will be sold to low to moderate income families. Project proposed by the Northwest Neighborhood Environmental Organization (NNEO) will continue the revitalization process on Loudon Avenue, N.W. and provide low to moderate income persons with an opportunity for homeownership. II. Current Situation: FY 1991-92 CDBG funds, in the amount of $23,225 for site preparation work, have been allocated to the Loudon Avenue New Houses project. Unanticipated costs, have added an additional $10,000 to the site preparation and construction price. These additional expenses include the purchase of adjacent lots to provide greater setbacks for two of the construction sites, as well as the re-positioning of one building because rock hampers construction of the foundation as originally planned. CDBG funds ($23,225), plus an additional $10,000 in Neighborhood Development grant funds will leverage $120,000 in additional monies for construction costs from the neighborhood organization, a HUD Neighborhood Development Demonstration Project grant and a bank loan. An amendment to the current administrative agreement between the City and NNEO is necessary for Neighborhood Development grant funds to be obligated to this project. III. Issues: B. C. D. E. F. Cost to the City Funding Administrative capacity Timing Compliance with applicable Legal issues regulations IV. Alternatives: Authorize the City Manager to execute the attached Amendment to the Agreement with NNEO for site work and construction costs related to the Loudon Avenue New Houses project. Cost to the City will be $10,000 in Neighborhood Development grant funds. 2. Funding is available in Account No. 001-052-8110-3770. Administrative capacity of NNEO has been shown by the many successful community development projects they have administered in the past 11 years. Timing is important since NNEO has obtained prelimi- nary cost estimates for the site preparation and construction work which are subject to change at any time. J Compliance with applicable regulations is assured through contract review and project monitoring by the City's Office of Grants Compliance. Legal issues will be addressed through contract review by the City Attorney. Do not authorize the City Manager to execute the attached Agreement with NNEO for site work and construction costs related to the Loudon Avenue New Houses project. Cost to the City would be nothing, except that revitalization efforts on Loudon Avenue and the resulting tax revenue would be delayed. 2. Funding would not be an issue. 3. Administrative capacity would not be an issue. 4. Timing would not be an issue. Compliance with applicable regulations would not be an issue. 6. Legal issues would not be a consideration. Recommendation: It is recommended that City Council concur in Alternative A and authorize the City Manager to execute the attached Amendment to the Agreement with NNEO for the site work and construction costs related to the Loudon Avenue New Houses project. Respectfully submitted, .~Ro~r~ City Manager attachments WRH:VLP CC. Assistant City Manager City Attorney Director of Finance Director of Public Works Chief of Community Planning Grants Monitoring Administrator Roanoke Neighborhood Partnership Coordinator President, Northwest Neighborhood Environmental Organization AMENDMENT NO. 1 NORTHWEST NEIGHBORHOOD ENVIRONMENTAL ORGANIZATION LOUDON AVENUE NEW HOUSES PROJECT THIS AMENDMENT is entered into this day of , 1991 by and among the CITY OF ROANOKE, VIRGINIA, a municipal corporation chartered under the laws of the Commonwealth of Virginia (hereinafter, the "City"), and NORTHWEST NEIGHBORHOOD ENVIRONMENTAL ORGANIZATION, NNEO, (hereinafter, Subgrantee). WHEREAS, by Resolution No. 30581-62491, adopted June 24, 1991, Roanoke City Council authorized execution of a Grant Agreement (dated July 19, 1991) for site preparation costs associated with the construction of three single-family houses. Once completed, these ~ouses will provide homeownership opportunities for low to moderate income persons; and WHEREAS, Roanoke City Council authorized execution of Amendment No. 1 to that Agreement by Resolution No. -111891, adopted November 18, 1991. NOW, T~REFORE, the City and the Subgrantee do mutually agree to amend the Grant Agreement as follows: Part 1. SCOPE OF SERVICES: The CDBG funds in this project will cover the costs of site work, including excavating all three sites in preparation for construction. Neighborhood Development grant monies (City funds) will be used to pay for additional construction costs, including purchase of adjacent lots to provide greater setbacks for two of the construction sites, re-positioning of one building and installation of certain appliances. Part 3. BUDGET: The total budget for this project will be $153,225. Funding sources for this project are as follows: HUD Neighborhood Development Demonstration Project Grant NNEO Match Donations/Bank Financing CDBG (Site Preparation) City Funds - Neighborhood Development Grant (additional site and construction costs) $ 50,000 10,000 60,000 23,225 10,000 The Agreement shall remain unchanged in all other terms and provisions. 6 IN WITNESS WHEREOF, the City and the Subgrantee have executed this amendment as of the date first written above. ATTEST: CITY OF ROANOKE By By Mary F. Parker, City Clerk W. Robert Herbert, City Manager SUBGRANTEE By Witness By Mrs. Florine Thornhill, President Northwest Neighborhood Environmental Organization 7 ~ 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 November 21, 1991 SANDRA H. ~ Deputy City Clerk File #58-467-184 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30788-111891 authorizing execution of a contract with The Wyatt Company, to provide a risk management audit and actuarial study for the City and the School Board, in an amount not to exceed $29,500.00. Resolution No. 30788-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, ~L~__ Mary F. Parker, CMC/AAE City Clerk MFP: sw Erie. pc' Mr. Ronald C. Summerville, Manager, Casualty Actuarial Services/Risk Management Services, The Wyatt Company, 1500 K Street, N. W., Washington, D.C. 20005 Mr. Finn D. Pincus, Chairman, Roanoke City School Board, 1116 Winchester Avenue, S. W., Roanoke, Virginia 24015 Dr. Frank P. Tota, Superintendent, Roanoke City Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. Kenneth S. Cronin, Personnel Manager Mr. D. Darwin Roupe, Manager, General Services Ms. Lauren G. Eib, Risk Management Officer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30788-111891. A RESOLUTION authorizing the execution of a contract with The Wyatt Company, to provide a risk management audit and actuarial study for the City and the School Board. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an agreement with The Wyatt Company, for the provision by such firm of a risk management audit and actuarial study to the City and the Roanoke City School Board, as more particularly set forth in the November 18, 1991, report of the City Manager to this Council. The Roanoke City School Board shall also be a party to such contract. 2. The contract authorized by this ordinance shall be in an amount not to exceed $29,500.00. 3. The contract with such firm shall be approved as to form by the City Attorney. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia CITY '91 NOV 14 November 18, 1991 Dear Members of Council: SUBJECT: PROPOSAL FOR RISKMANAG~ A~DIT AND Au-i'uARIAL STUDY PROPOSAL ND~BER91-5-9 I. BACKGROUND In APril 1985, the position of Risk Management Officer was established in an effort to improve coordination of insurance and risk related issues. In March 1986, Council established an Insurance Reserve to address possible claims that may result from being self-insured for worker's compensation, automobile and general liability. In 1990 the City of Roanoke established the Office of Risk Management within the Department of Personnel Management. As a result of this consolidation of services, this office now coordinates workers' compensation programs and employee safety programs, as well as all other insurance and risk programs. After the consolidation of services it was determined that technical assistance would be needed to review risk exposures, risk financing, insurance polices and claim procedures. Governmental Accountinq Standards Board, (GASB), in 1990 instituted the requirement that governmental entities report expenditures related to losses on an actuarial basis by June 1993. As such, the City of Roanoke will be required to report all outstanding liabilities for claims incurred but not reported in the annual financial report. In 1991 in order to comply with the GASB requirements and to determine if insurance, risk management policies, and insurance reserves are appropriate, a risk management audit and actuarial study is required. Honorable Mayor and City Council Page 2 The study should address the following issues for both the City aovernment and the City School system: Actuarial analysis for all self-insured programs for the next five years including projecting the total cost of claims for each fiscal year and the annual payout pattern for such claims. Review of current insurance policies related to possible ways to improve coverages and/or reduce cost. Audit City and Schools risk management programs including the handling of claims and risk exposures. 4. Establish insurance reserve requirements. Request for proposals were sent to eleven (11) firms and a public advertisement was published in the Roanoke Times and World News. II. ~u~ SiTuATION ae Proposals appropriately received were opened in the Office of the Manager of General Services, at 2:00 p.m., Friday, May 31, 1991. B. Seven ~7~ DroDosal responses were received. Ail proposals were evaluated in a consistent manner by representatives of the following departments: Finance Risk Management Personnel Management City Schools General Services City Attorney De Three ~3~ proposals were determined non-responsive due to lack of compliance with required specifications. Four f4) proposals were determined responsive. Those proposals were evaluated and the companies interviewed and ranked in accordance with Section 23.1-4.1 of the Code of the City of Roanoke. The companies interviewed are as follows: 2. 3. 4. Commercial Risk Consultants, The Wyatt Company Coopers and Lybrand William M. Mercer, Inc. Honorable Mayor and City Council Page 3 NeGotiations were conducted with The Wyatt Company, the firm determined to be best qualified for Risk Management Audit and Actuarial Study Services, following the guidelines of the City's procurement code. III. ISSUES A. Need B. Compliance with sDecificatioD~ C. Funding IV. ALTERNATIVES Council accept the proposal, as submitted by the Wyatt Company, to provide a Risk Management Audit and Actuarial Study for the City of Roanoke and City Schools for a negotiated amount, not to exceed $29.500. Need - Requested study is needed to address areas for improvement in the City's Risk Management Program, establish insurance reserve requirements and will assist the City in meeting the requirements of the Governmental Accounting Standards Board. Compliance with specifications - The proposal provided by The Wyatt Company meets or exceeds required specifications. Funding - Funds are available in existing accounts for the City (001-050-1262-2010) and the City Schools (001-060-6002-6666-0204) to provide for this study. The City and City Schools will share the cost equally. Council not aDprove the request for a Risk Management Audit and Actuarial Study. Need - The existing Risk Management practices would continue but would not be enhanced. The requirement to comply with the Governmental Accounting Standards Board policy would be difficult to accomplish. Compliance with specifications would not be a factor in this alternative. 3. Funding - available funds would not be expended under this alternative. Honorable Mayor and City Council Page 4 RECO~q~NDATION Council concur with Alternative "A" - accept the proposal submitted by The Wyatt Company, to provide a Risk Management Audit and Actuarial Study in accordance with City of Roanoke specifications, for the not to exceed amount of $29,500. Authorize the City Manager to enter into a contract in form approved by the City Attorney, with The Wyatt Company to perform the required study. Committee: Ke S. Cronin , J~ri~s~o~~ D. Darwin Roupe . ~auron G. Eib Respectfully submitted, W. Robert Herbert City Manager WRH:jh MARY F. PARKER Cily Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 November 21, 1991 File #1-60 SANDP~A H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30789-111891 establishing certain fees, rates, assessments and charges to be levied by the City as set forth in a document labeled "Fee Compendium - November 1991". Resolution No. 30789-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc: The Honorable W. Alvin Hudson, City Sheriff The Honorable Gordon E. Peters, City Treasurer The Honorable Arthur B. Crush, Clerk of Circuit Court The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Joel M. Schlanger, Director of Finance Mr. Robert H. Bird, Municipal Auditor Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Ms. Deborah J. Moses, Chief of Billings and Collections Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. James D. Ritchie, Director, Human Resources Mr. Ronald H. Milier, Manager, Building Commissioner/Zoning Administrator Mr. Ronaid L. Wade, Acting Manager, Communications Ms. Andrea B. Krochalis, Manager, Crisis Intervention Center Mr. Charles M. Huffine, City Engineer Mr. Rawleigh W. Quarles, Fire Chief Mr. Ronald Albright, Clerk, General District Court Dr. Donald R. Stern, Director, Health Department Ms. Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court ~.'W~ Robert Herbert November 21, 1991 Page 2 pc: Mr. Mark C. Johnson, Manager, Juvenile Home Ms. Beverly A. Bury, City Librarian Mr. Robert F. Hyatt, Manager, City Nursing Home Mr. Gary N. Fenton, Manager, Parks and Recreation/G~ounds Maintenance Mr. Kenneth S. Cronin, Personnel Manager Mr. M. David Hooper, Police Chief Mr. J. R. Chocklett, Acting Manager, Refuse Coliection Mr. Jesse H. Perdue, Jr., Manager, Utility Lines IN THE COUNCIL OF THE CITY OF ROANOKE, The 18th Day of November, 1991. No. 30789-111891. VIRGINIA, A RESOLUTION establishing certain fees, rates, assessments and charges to be levied by the City. WHEREAS, it is the policy of this Council that City fees for special services should approximate the cost of such services; WHEREAS, this Council is desirous of establishing the schedule of fees, rates, assessments and charges of the City to ensure that all such charges are equitable, up-to-date and easily accessible to the public; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees, rates, penalties, assessments and charges set out in the document labeled "Fee Compendium - November 1991" attached to the Director of Finance's report dated November 11, 1991, are hereby adopted and established. 2. This resolution shall have no effect as to any fee, rate, penalty, assessment or charge which may be legally established only after public notice and/or hearing. 3. In case of any conflict or inconsistency between the Fee Compendium and State Code or City Code, the appropriate Code shall prevail. 4. The fees, rates, penalties, assessments and charges established as the Fee Compendium shall remain in effect until amended by this Council. ATTEST: City Clerk. MARY F, PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke. V~rgi~a 24011 Telephone: (703)981-2541 November 21, 1991 SANDRAH. EAKIN DeputyCityClerk File #40-132-200 Mr. Wayne G. Striekland Executive Director Fifth Planning District Commission 313 Luck Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Strickland: I am enclosing copy of Resolution No. 30791-111891 approving and endorsing a joint report prepared by the City Manager and the City Attorney under date of November 11, 1991, relating to City Council election procedures, and authorizing the City Manager to retain the services of the Fifth Planning District Commission to conduct a study as more particularly set forth in the enclosed report. Resolution No. 30791-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. If you have questions with regard to the study requested to be conducted by the Fifth Planning District Commission, please contact Mr. W. Robert Herbert, City Manager, or Mr. Earl B. Reynolds, Jr., Assistant City Manager, at 981-2333. Sincerely, ~/~,.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. W. Robert Herbert, City Manager Mr. Earl B. Reynolds, Jr., Assistant City Manager Mr. Wflburn C. Dibling, Jr., City Attorney Mr. Samuel Franklin, Jr., 3822 Rolling Hills, N. Roanoke, Virginia 24017 W° IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30791-111891. A RESOLUTION approving and endorsing the joint report of the City Manager and City Attorney, dated November 11, 1991, relating to City Council election procedures. BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. The joint report of the City Manager and the City Attorney, dated November 11, 1991, relating to City Council election procedures, including the recommended decision making process and timetable and the citizen task force, two members of which are to be appointed by each member of City Council, is hereby approved and endorsed. 2. The City Manager is authorized to retain the services of the Fifth Planning District Commission to conduct a study more particularly described in the joint report of November 11, 1991, and the City Manager is requested to provide administrative support to the staff of the Fifth Planning District Commission in their work on behalf of the City. 3. The City Attorney is authorized to prepare and publish such notices, file such petitions and applications and initiate such court proceedings as may be deemed necessary in his discretion to implement the decisions of City Council in this matter. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF THE CITYAT1X)RNEY 464 MUNICIPAL BUILDING ROANOKE. 'vIRGINIA 24011-1595 WiLBURN C. DIBUNG, JR. CITY ATTORNEY November 18, 1991 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN d. TALEVI KATHLEEN MARIE KRONAU ASSISTANT CITY AI'rORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: City Council election procedures Dear Mrs. Bowles and Gentlemen: At the Council meeting of November 11, 1991, Council had before it the joint report of the City Manager and the City Attorney relating to City Council election procedures. After discussion on this report, action on the report was deferred until the regular meeting of November 18, 1991. As requested by the Mayor, I have drafted and attach hereto a resolution by which Council may endorse the joint report of the City Manager and City Attorney, dated November 11, 1991, including the process and timetable and appointment of the Citizen Task Force. I trust that the resolution will be helpful to City Council in its decision making process. With kindest personal regards, I am Sincerely yours, Wilburn C. Jr. City Attorney WCD:f Attachment cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk '9t A9:!? Roanoke, Virginia November 11, 1991 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: City Council Election Procedures At the meeting of City Council held on October 28, 1991, the issue of City Council election procedures was once again before Council. After discussion, City Council requested the City administration to report by November 11, 1991, as to various alternatives for City Council elections and as to a proposed timetable for Council action. The City Manager and City Attorney have jointly Council's request, and we are pleased to recommend the plan of action and timetable to you: reviewed following Week of November 11 Formally request Fifth Planning District Commission to coordinate a study of alternative election procedures for City Council under the guidance of a citizen task force appointed by City Council. The study would include: review of the experience with alternative election procedures in other communities; and recommending alternative election procedures for consideration by Roanoke City Council. Examples of alternative election procedures which may be reviewed by the citizens task force include: a. at-large systems; b. modified ward systems, majority of mentbers elected at large; modified ward systems, minority of members elected at large; Members of Council Page 2 November 11, 1991 d. December 1 2. Mid-December 3. January 4. 1992 February 10 5. March 6. nominations by ward, elections at large; and all members elected by ward. City Council members appoint two citizens each to serve on citizen task force to give guidance to Fifth Planning District Commission staff. Administrative support to be provided by City staff. Initial organizational meeting of citizens task force. Briefings by Fifth Planning District Commission staff to address: historical background of various election procedures; b. constitutional/state/desirable criteria; c. recommended task force study process; and d. schedule of activities. Citizen task force members/Fifth Planning District Commission staff conduct fact finding trips to selected communities which have implemented alternative election systems or have considered modifying their existing election district systems to identify: ae reasons for modifying or considering modifying existing election system; how has the alternative system worked or why wasn't the alternative election system implemented; what would have been done differently; and identify recommended goals to be achieved by possible changes in City's existing election district system. Interim report to City Council (public briefing). Fifth Planning District Commission staff, under guidance of citizen task force, prepares alternative election plans with City staff providing administrative support. Members of Council Page 3 November 11, 1991 April 7. May 8. June 8 9. July/ 10. August August 10 11. August 24 12. August 25 13. October 14. November 3 15. January 6, 16. 1993 Mid February Citizen task force/Fifth Planning District Commission staff conduct at least one workshop in each quadrant of the City to receive public input on alternative election plans. City staff provides administrative support. Citizen task force/Fifth Planning District Commission staff consider public input and develop final recommendations for City Council's consideration. City staff provides administrative support. Presentation by citizen task force members of final recommendation(s) to City Council. City Council provides for full opportunity for citizens to be put on notice of any proposed Charter amendment and for citizen comment (public notices, workshops, public hearings, etc.). Based upon technical report and citizen input, City Council may adopt a plan setting forth: a. number of members of City Council; number of members elected from districts; and c. new methodology of electing vice mayor. City Attorney drafts specific language of Charter amendment and obtains Council approval. If City Council decides to have a referendum (which is not required), City Attorney obtains Circuit Court order requiring referendum and forwards to State Board of Elections at least 60 days in advance of general election. City Attorney obtains Department of Justice pre-clearance as to date of referendum (not pre-clearance of the plan; this comes only after the plan is finalized). Referendum (if required). Consideration of Charter Amendment by 1993 Session of to General Assembly. Members of Council Page 4 November 11, 1991 February to 17. May, 1993 Approval of Department of Justice (federal law gives Department 60 days to respond which may be extended). May 1994 18. First election under new election system. The foregoing plan incorporates the Citizen Task Force suggested by City Council at its August 12, 1991, meeting. The Task Force would provide guidance to and act in a supervisory capacity with respect to the work to be performed by staff of the Fifth Planning District Commission. City staff will provide administrative support to the Fifth Planning District Commission staff as required. Please note that, if Council decides to amend the current election procedures, the earliest an election could occur under a new councilmanic election system would be May, 1994. This projected effective date for a new election system assumes: (1) Council agreeing, if a referendum is to be held, to language of proposed Charter amendment by August 24, 1992, or, if a referendum is not to be held, Council agreeing, by November 30, 1992, to a proposed Charter amendment to be presented to the 1993 Session of the General Assembly; (2) favorable action by the 1993 Session; (3) timely response by the Department of Justice; and (4) no litigation being initiated by opponents of whatever election system Council ultimately supports. Council's motion at its October 28 meeting requested the City administration to present alternatives as to Council election procedures. Some alternatives which appear to be available for consideration (set forth in Paragraph 1 above) are: (1) no change in the current at-large election system; (2) a modified ward system with a majority of Council members being elected at large; (3) a modified ward system with a majority of Council members being elected from wards; and (4) a total ward system. There are certainly other election systems which might be considered. For example, another possibility is multi-member districts. This alternative, however, would require larger election districts if the Council is to be kept at a manageable size, and, with larger election districts, it is not possible to provide black majority districts. Another possibility might be a slot system whereby candidates run from districts, but are elected at large. The City Attorney advises, however, that it is doubtful that such system would be approved by the Department of Justice because it fails to protect minority voting strength. City Council may want to narrow or expand alternatives for consideration by its Task Force. There are many decision-making processes which may be utilized with respect to complicated political issues, such as the one Council has before it. The procedure we have recommended appears Members of Council Page 5 November 11, 1991 to be orderly and businesslike. Council may, of course, make additions to or deletions from the suggested procedure or otherwise amend it. As Council undertakes review of this important public policy issue, we will look forward to providing whatever staff support may be required in addition to that staff support to be provided by the Fifth Planning District Commission. Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, Jr. City Attorney WRH:WCD:mpf Dear Council Member: The city's affirmative-action plan, adopted fourteen years ago call for proportionate representation for blacks and woman. The city's affirmative-action plan has failed. Why? When the affirmative-action plan was designed to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create systems and procedures to prevent future discrimination. Black taxpayer~ of Roanoke have felted that city council has not, or will not, submit itself to the promotion of their general welfareF nor the protection of their individual as well as collective rights, only the Federal Government force Roanoke to move forward on the issues of the rights of the people. A number of blacks that work,and live in Roanoke believe that Roanoke City needs to step into the future, and dispose of the at-large voting system, and adopt the ward system. The term "ward" as used in the Election Code refers to one of the sections into which a city is divided for election purposes. Wards exist exclusively for purpose of securing local group representation in city governments. City council can examine, and adopt or amend; [according to the requirement of law;] the division of the city into wards. In general, helpful to a minority only when concentrated. the ward system would be it is geographically Roanoke has for a long time used the at-large system of voting. Why? Because it effectively control the elections of the members to be elected. When we look into Virginia History we find that, The Commomwealth of Virginia and its political subdivisions bear a history of official racial discrimination by the discriminatory voting practices. This history of public racial discrimination includes the following. Until 1974, the Virginia Constitution required proof of literacy for persons registering to vote, prior to 1966, Virginia unconstitutionally maintain a poll tax which was specifically recognized as intended to discriminate against black voters. Until 1964, Virginia law unconstitutionally required the separation of names by race on voter registration, poll tax, residence-certificate, and property ownership and tax lists. Until 1963, Virginia statutes required racial segregation in places of public assemblage, Furthermore, interracial marriage was prohibited by law in Virginia until 1967. Today blacks continue to suffer from the socio-economic consequences of that past discrimination, these effects are evident in all facets of everyday life. They include depressed economic, educational and employment levels, and inferior residential circumstances. In general, blacks have less education than whites the same age, have higher rates of unemployment, lower per capita income and lower quality housing than do whites. These depressed socio- economic conditions are likely to result (and have resulted) in lower voter registration and voter turnout on the part of blacks. 2 Blacks make up 24 percent of the city's population, based on the 1990 census, only 60 percent of blacks are registered to vote while for white voters this figure is 67 percent. Black residents continue to suffer from discrimination in the current patterns of thought and day-to-day conduct, which are often a product of past years of institutional discrimination, Segregation still pervades Roanoke in many social institutions, including churches, clubs and other civil organizations. At most levels of social life, blacks and whites remain segregated~ Some blacks will admit that they attend all-white churches and are members of all white clubs. Some send their children to private schools that are predominantly white;of course, this form of private segregation does not reflect an invidious or conscious racism. It is, however, indicative of the societal atmosphere in Roanoke and the type of pervasive mentality that continues to undermine the influence and power of blacks within their community. Whites in Roanoke have historically had little personal knowledge of or social contract with blacks. This societal separation continues into the present, and such continuing segregation and relative insulation of the white community only hinders the ability of blacks to participate in Roanoke politics, thus the ability of black candidates to win the votes of whites in city council elections. Some cross- over voting ocurres with blacks winning some white support. The political processes in Roanoke have been largely under white control and associated with white political dominance. As a result of past official discrimination and continuing 3 segregation, blacks have felt and still feel intimidated by the white domination of local politics. Many blacks are generally reluctant to enter the courthouse, to vote, or to attend meetings of the board because they view it as the center of white political power. Further, of the persons directly employed by the city itself, blacks have generally not been hired for upper level, higher paying jobs. In summary, blacks as a group in Roanoke do not have the opportunity to partici- pate fully and equally in the political process. The lower socio-economic and educational level of blacks and continuing segregation in this city, have impeded their participation in local politics. For reasons stated above, I urge city council to look into the ward system of voting, a system exclusively for purpose of securing local group representation, so every voice can be heard,now is the time for Roanoke to step up to the plate, and be accountable for its action. Why does the Federal Government have to make Roanoke move into the future. Thank you for your time, reached at 11-5-91 Paralegal if you have any comments I can be Samuel Franklin Jr. 3822 Rolling Hills N.W. Roanoke, Va 14017 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 November 21, 1991 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. James M. Zadell Attorney 1701 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Zadell: I am enclosing copy of Ordinance No. 30774-111891 amending certain proffered conditions to the rezoning of property located at 911 Tazewell Avenue, S. E., being Lot 4, Block 4, Map of Belmont Land Company, Official Tax No. 4112104, in order to amend certain conditions presently binding upon said property previously conditionally rezoned from RG-1, General Residential District, to C-2, General Commercial District. Ordinance No. 30774-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw gne. pc: Mr. Michael M. Zimmerman, 917 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Ellen V. Sanderson, 916 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. William Emory, 4231 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Jack Richards, 4231 Plantation Road, N. E. Roanoke, Virginia 24012 ' Mr. and Mrs. J. H. Nichols, 906 Stewart Avenue, S. E. Roanoke, Virginia 24013 ' Mr. and Mrs. Dennis Williams, 904 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Roy Call, Route 1, Box 274, Hardy, Virginia 24101 Mr. and Mrs. Nu T. Kong, 927 Wasena Avenue, S.W. Roanoke, Virginia 24015 ' Mr. Danny R. Dillon, 4840 Breokwood Drive, S. W., Roanoke, Virginia 24018 Mr. James M. Zadell November 21, 1991 Page 2 pc: Mr. Earl E. Elkins, 921 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Ann Grove, Attorney, P. O. Box 1371, Roanoke, Virginia 24007 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, Chair, Board of Zoning Appeals Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of Nover~ber, 1991. No. 30774-111891. AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 411, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously conditionally rezoned from RG-1, General Residential District, to C-2, General Commercial District. WHEREAS, of Roanoke to tract of land application has been made to the Council of the City amegd certain conditions presently binding upon a located at 911 Tazewell Avenue, S.E., described as Lot 4, Block 4, according to the Map of Belmont Land Company, being further identified as Official Tax No. 4112104, which property was previously conditionally rezoned by the adoption of Ordinance No. 26770, on November 21, 1983; 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 November 11, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Com~ission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the above-described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended to reflect the changes in proffered conditions as shown in the Petition filed in the City Clerk's Office on September 11, 1991, and as set forth in the report of the Planning Commission dated November 11, 1991. ATTEST: City Clerk. R£CEK~E~S '91 23 , ? 3:25 Roanoke Ci~ Planning Commission November 11, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Jackie and Iris Fuller, represented by James M. Zadell, attorney, that conditions proffered in conjunction with the rezoning of a lot at 911 Tazewell Avenue, S.E., designated as official tax number 4112104, be amended. I. Backqround: Property was rezoned from RG-1, General Residential District to C-2, General Commercial District with one proffered condition by Ord. No. 26770 on November 21, 1983. Purpose of the original rezoning request was to permit the use of an existing structure on the property to sell used furniture, household goods, antique items and produce. Cm Proffered condition as part of the original rezoning request approved on November 21, 1983, is as follows: There shall be no displays of merchandise outside the existing building or any future building located on the property, except that nothing in this condition shall prohibit the sale of produce from a produce truck on the premises. Do Current petition seeks to approved on November 21, 1983, to the subject property. amend original rezoning by removing said proffer Room 355 Municipal Building 215 Churd~ Avenue, S.W Roanoke, Virginia 2401 t (703) 9,51-2,S44 Fo Purpose of the request is to remove a proffer that is no longer consistent with the proposed use and current development of the property. Planning Commission public hearinq was held on Wednesday, October 2, 1991. Mr. James Zadell appeared before the Commission on behalf of Mr. and Mrs. Jackie Fuller. Mr. Zadell stated that the parcel had been rezoned in 1983 as a conditional zoning and that they were now requesting that the proffered condition be removed. He noted that the property was being used for a C-2 use. Mrs. Dorsey gave the staff report and stated that staff recommended approval of the request to delete the proffered condition. II. In response to a question from Mr. Earl Elkins (921 Tazewell Avenue, SE), Mr. Price stated that the requirement for a buffer would be reviewed by staff. Issues: Zoninq is currently C-2, General Commercial District, with a proffered condition as established by Ord. No. 26770. Zoning of the subject property would remain but the original condition of rezoning would be removed. Land uset currently under construction, is a fraternal lodge for veterans. Tazewell Avenue Study prepared by the Planning staff in 1983 recommends that any future commercial development in that area would occur in the immediate vicinity of 9th Street, S.E., on the south side of Tazewell Avenue and on the north side between 8th and llth Streets, S.E., where it would be compatible with existing land uses. Comprehensive Plan recommend that: 1. Expanded commercial development is carefully evaluated to ensure minimal conflict with residential areas and promote good land use. 2. Promote the development of facilities and services that enhance the community's livability. III. Alternatives: City Council approve the rezoning request. Zoninq of the subject property would become unconditional C-2, General Commercial District. Existing proffer restricting the outdoor display of merchandise would be removed. 2. Land use would be a fraternal lodge for American war veterans. Tazewell Avenue Study recommendation would be followed. Comprehensive Plan issues as set forth would be followed. City 1. Council deny the rezoning request. Zoninq would remain conditional C-2, General Commercial District. The existing proffer does not preclude the current development and proposed use of the subject property. Land use would be a fraternal lodge for American war veterans. Tazewell Avenue study recommendation could still be followed. Comprehensive Plan issues as set forth could still be followed at a later date. IV. Recommendation: By a vote of 7-0, the Planning Commission recommended aDDroval of the request to delete the proffered condition from the subject property finding that the proffer is no longer consistent with the proposed use and current development of the property. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner 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 18, 1991 File #51 .~IDI~.4. H. F..a. KIN 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 petition from Mr. James M. Zadell, Attorney, representing Mr. and Mrs. Jackie L. Fuller, requesting the amendment of certain proffered conditions to the rezoning of property located at 911 Tazewell Avenue, S. E., being Lot 4, Block 4, Map of Belmont Land Company, designated as Official Tax No. 4112104, which property was rezoned from RG-1, General Residential District, to C-2, General Commercial District, by the adoption of Ordinance No. 26770 on November 21, 1983. Sincerely, Sandra H. EakJn Deputy City Clerk SHE:fa REZONE5 Enc o pc: Mr. James M. Zadell, Attorney, 1701 Grandin Road, S.W. Roanoke, Virginia 24015 ' ~M~. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney VXRGXMX&: ZN THB COUNCZL OF TIlB CZT~f OF I~F~OV~L OF CONDZTZONB OF ) ~OT 4, BLOCK 4, M~P OF ) BELMOlff lAND CO. IONED ) C-2 GENERAL COM~ERCZ~L ) DZBTRZCT ) PETZTZON TO ~KEND PROFFERED CONDZTZONB TO ~ HONOP~BLB M~YOR i MEMBERE OF TI~ COUNCZL OF TI~ CXTY OF ROANOI~ I 1. Thm Petiticnarl, ~ackim L. Fullmr &nd Ifil M. FUller, husband and wife, ara the ovnmrl of Lot 4, Block 4, according to the Map of Belmont Land Company, located mt 911 T&zmwmXX &venue, B. I., RoAnokI, Virginia, and dlltg~,ated on Roanoke Cit~ Appraisal Map al Official TU NO. 4112104; laid lot il zoned C-2~ Genital Co~lroial DiItriot. ~ plat Ihovtng thi location of the property is attached mi Exhibit ~. ~rsuant to ~tZolo VXZ or Chapter 36, Code o~ tho of Ro~oko (1979), mm ~mnded, the ~ettttonero re~mot that tho profforod condlttonm ~or oaZd propert~ taloned b~ Ctt~ C0~ct1 on Nov~or 21~ 1983~ b~ Ordtn~cm No. 26770~ rEom RG-I; Remidential DiItrtot, to C-2, General Co~IrCial DiItrict, for ~he pu~oII of uIing thI ~iiting 4~Ill~ng looa~e4 ~hereo~ to Iell uIe4 funiture, houIihOl4 goo4I, ~a ~ti~I it.I be rev~ie4. 3. The Petitionerl hereby requelt that the following proffered condition to laid ItlbJeot property be removed: The Lot vai filched for the pui~oii Of uiing the existing drilling located thereon to loll outside the existing building or any future building, located on the property, except that nothing in this condition shall prohibit the sale of produce £rom a produce truck parked on tho premises. 4. The Petitioners request that tho sub~sct property be used for the purposa o£ constructing a building and improvements to be known as AhvsTS-POST #40, ~ohn Harvey Hemorial, an unincorporated association. Tho £aoility will be used as a FATERH~L LOD~3B by Veterans o£ tho Un~tad 8tares o£ 2tmarioa. S. The Petitioners believe that tho currant Boning of tho said Lot and removal or the oond~tions stated in paragraph three (3), will further tho intent and purposan o£tha Cityts zoning Ordinance, and its comprehensive plans, in that it will provide rot continued commercial Boning on Tasawsll Avenue in a limited area which already has a conarcial character 6. Attachad aa Exhibit tWB# &re tho names and addresses of tho owners of all lots or property ilmediataly ad, scent to or inediately across Tasevell Avenue £rom the property which is currently sorted C-Z ~eneral Commercial District with the quali£icatAon as stated in paragraph three (3) which ia the sub, eot o£ this Petition. WHEReFORe, the Petition&rs request that the qualif2lng conditions as specA£ied by Ordinance No. 26770 adopted by City -2- :I~&Ln L~I sorting I~a~Ul &l C-2 eene~a~ Comae:Gill for the purpose o£ oonstruoting i building and improvanente to be use~ as a F~TB~ ~B for ~T~-~T ~40. CRUBH; WARD & SADBLL 170~ G~andin Ro&d Roanoke, ViEgini& 240~S -3- T~XMAP NO. 4112101 4112106 4112115 4112114 4112113 4112112 4111114 4111024 ~DDR~SB 903 T&sewe11 Ave. 917 T&sewell Ave. S.S. 916 Brew&Et Ave. S.S. 912 Stewart Ave. 906 Stewart Ave 904 Stew&r~ Ave. 5.B. T&Sovell Ave. S.S. T&SOWo11 &vs. S.S. ro O z J-33~.L$ m~.~ 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 24, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. James M. Zadell Attorney 1701 Grandin Road, S. W. Roanoke, Virginia 24015 Dear Mr. Zadell: 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 clients, Mr. & Mrs. Jackie L. Fuller, to amend certain proffered conditions to the rezoning of property located at 911 Tazewell Avenue, S. E., being Lot 4, Block 4, Map of Belmont Land Company, designated as Official Tax No. 4112104, which property was rezoned from RG-1, General Residential District, to C-2, General Commercial District, by the adoption of Ordinance No. 26770 on November 21, 1983. 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, November 11, 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, 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 Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CM~/AAE City Clerk MFP: ra PUBLIC5 Enc. pc' Mr. Michael M. Zimmerman, 917 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Ellen V. Sanderson, 916 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. James M. Zadell October 24, 1991 Page 2 pc; Mr. & Mrs. William Emory, 4231 Plantation Road, N. E. Roanoke, Virginia 24012 ' Mr. & Mrs. Jack Richards, 4231 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. & Mrs. J. H. Nichols, 906 Stewart Avenue, S. E. Roanoke, Virginia 24013 ' Mr. & Mrs. Dennis Williams, 904 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. Roy Call, Route 1, Box 274, Hardy, Virginia 24101 Mr. & Mrs. Nu T. Kong, 927 Wasena Avenue, S. W., Roanoke, Virginia 24015 Mr. Danny R. Dillon, 4840 Brookwood Drive, S. W., Roanoke, Virginia 24018 Mr. Earl E. Elkins, 921 Tazeweli Avenue, S. E., Roanoke, Virginia 24013 Ms. Ann Grove, Attorney, P. O. Box 1371, Roanoke, Virginia 24007 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. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. Milier, Building Commissioner/Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation RE'CEiw8 CITy -~ ~ .~-~ ~I NOV11 p1:46 SfAfL OF NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 11, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, $.W., on the question of amending conditions proffered on the rezoning of a lot at 911 Tazewell Avenue, $.E., designated as Official Tax No. 4112104. 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 23rd day of October , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 25, 1991, and once on Friday, November 1, 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. James M. Zadell, Attorney 1701Grandin Road, S. W. Roanoke, Virginia 24015 MARY F. PARLOR City Clerk CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W,, Room 456 Roanoke, %~Jnia 24011 Telephone: (703)981-2541 September 18, 1991 File #51 $ANDRA H. F. AKIN 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 petition from Mr. James M. Zadell, Attorney, representing Mr. and Mrs. Jackie L. Fuller, requesting the amendment of certain proffered conditions to the rezoning of property located at 911 Tazewell Avenue, S. E., being Lot 4, Block 4, Map of Belmont Land Company, designated as Official Tax No. 4112104, which property was rezoned from RG-1, General Residential District, to C-2, General Commercial District, by the adoption of Ordinance No. 26770 on November 21, 1983. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:va REZONE5 Eric. pc: Mr. James M. Zadell, Attorney, 1701 Grandin Road, S. W., Roanoke, Virginia 24015 Mr. John R. Mavlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney CITY ~ V I RG I N I A ~ IN THE COUNCIL OF THE CITY OF ROANOKE REMOVAL OF CONDITIONS OF ) LOT ·· BLOCK 4· MAP OF ) BELMONT L~ND CO. ZONED ) C-2 GENERAL COMI~ERCIAL ) DISTRICT ) PETITION TO AMEND PROFFERED CONDITIONS TO THE HONORABLE MAYOR ANDMENDERE OF THE COUNCIL OF THE CITY OF ROANOKE~ 1. The Petitioners· Jackie L. Puller and Iris N. Fuller· husband and wife, are the owners of Lot 4, Block 4, according to the Map of Belmont Land Company· located at 911 Tazewe11 Avenue· S. E., Roanoke· Virginia, and designated on Roanoke City Appraisal Nap as Official Tax No. 4112104~ said lot is currently zoned C-2· General Commercial District. A plat showing the location of the property is attached as Exhibit '"A#. 2. Pursuant to Article VII of Chapter 36, Code of the City of Roanoke (1979), ns amended, the Petitioners request that the proffered conditions for said property razoned by City Council on November 21, 1983, by Ordinance No. 26??0, from RG-i· General Residential District, to C-2, General Commerci&l District, for the purpose of using the existing dwelling located thereon to sell used furniture, household goods· and antique items be revised. 3. The Petitioners hereby request that the following proffered condition to said subject property be ramoved~ The Lot was rezoned for the purpose of using the existing dwelling located thereon to sell used furniture, household goods, and antique items. There shall be no displays of merchandise outside the existing building or any future building, located on tho property, except that nothing in thio condition shall prohibit the sale of produce from a produce truck parked on the premises. 4. The Petitioners request that the subject property be used for the purpose of constructing a building and improvements to be known as AMVETS-POST #40, John Harvey Hemorial, an unincorporated association. The facility will bs used as a FATERNAL LODGE by Veterans of the United states of ~msrioa. 5. The Petitioners believe that tho current zoning of the said Lot and removal of the conditions stated in paragraph three (3), will further the intent and purposes of the City*s Zoning Ordinance, and its comprehensive plans, in that it will provide for continued commercial zoning on Tazewell Avenue in a limited area which already has & commercial character 6. Attached as Exhibit "B- are the names and addressee of the owners of all lots or property immediately adjacent to or immediately across Tazewe11 Avenue from the property which is currently zoned C-2 General Commercial District with the qualification as stated in paragraph three (3) which is the subject of this Petition. WHEREFORE, the Petitioners request that the qualifying conditions as specified by Ordinance No. 26770 adopted by City -2- Council on Rove~d~o~ 2~ ~83~ be re~oved~ ~d ~ha~ ~ba eub~eo~ property retain ire sorting statue as c-2 General Commeroial Dietriot £or the puFpoee o£ oonetFuoting a building ~ improv~ent8 to be ueed as a FATE~ ~B for ~TS-~ST ~40. Respectfully s~itted, ~ACKXB L. FUL~R XRXB ~ FULLER · amee X. Zadell CRUSH, WARD & ZADELL X70X Grandin Road Roanoke, Virginia 240X5 -3- ~ / ~' ~,,~, ~m STREET ~-~,-~ "~-~h · AX NA2 NO. 4112101 4112106 4112115 4112114 ~112113 ~112112 ~111114 ~11102~ EXHIBIT NAME JACKIE L. FULLER MICHAEL M. 2IHM~RMAN BLT-UN V. SANDERSON WILLIAM S. EMONY J. H. NICHOLS DENNIS J. WILLIAMS ROY E. CALL JACKIE L. FULLER Al)DP. EBB 903 Talewe11 Ave. S.S. 917 Talewe11 Ave. 916 Stewart Ave. S.E. 912 Stewart Ave. B.E. 906 Stewart Ave S.S. 904 Stewart Ave. Tazewe11 Ave. S.S. Tasowe11 Ave. RECE .... CITY C' TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CHANGE IN CONDITIONS OF: SEP 24 P1:03 Request from Jackie L. and Iris N. Fuller, represented by James M. Zadell, attorney, that a condition proffered in connection with the November 21, 1983, rezoning of 911 Tazewell Avenue, SE, Official Tax No. 4112104, be amended to remove the following condition: "There shall be no displays of merchandise outside the existing building or any future building, located on the property, except that nothing in this condition shall prohibit the sale of produce from a produce truck parked on the premises. 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 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 23rd day of September, 1991, notices of a public hearing to be held on the 2nd day of October, 1991, on the change in conditions captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner~ Agent or Occupant Address 4112106 Michael M. Zimmerman 917 Tazewell Avenue Roanoke, VA 24013 4112115 Ellen V. Sanderson 916 Stewart Avenue, SE Roanoke, VA 24013 4112114 William S. Emony 912 Stewart Avenue, SE Roanoke, VA 24013 4112113 J.H. Nichols 906 Stewart Avenue, SE Nannie M. Nichols Roanoke, VA 24013 4112112 Dennis J. Williams 904 Stewart Avenue, SE Annie G. Williams Roanoke, VA 24013 4111114 Roy E. Call Sarah F. Call Rte. 1, Box 274 Hardy, VA 24101 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of September, 1991. My Commission Expires: ~ F. PARER City Clerk CITY OF ROANOI. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vkg~nia 24011 Telephone: (703)981-2541 November 21, 1991 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. Paul B. Wiley 5217 Hawthorne Road, N. W. Roanoke, Virginia 24012 Dear Mr. Wiley: Sincerely, I am enclosing copy of Ordinance No. 30775-111891 rezoning a tract of land located at 911 Tazeweli Avenue, S. E., identified as Officiai Tax No. 4112105, from RM-2, Residential Mnitffamily, Medium Density District, to C-2, Generai Commercial District, subject to certain conditions proffered by the applicant. Ordinance No. 30775-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc.' Mr. Michael M. Zimmerman, 917 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Ellen V. Sanderson, 916 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. William Emory, 4231 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Jack Richards, 4231 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. J. H. Nichols, 906 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Dennis Williams, 904 Stewart Avenue, S.E. Roanoke, Virginia 24013 ' Mr. and Mrs. Roy Call, Route 1, Box 274, Hardy, Virginia 24101 Mr. and Mrs. Nu T. Kong, 927 Wasena Avenue, S. W., Roanoke, Virginia 24015 Mr. Danny R. Dillon, 4840 Brookwood Drive, S. W., Roanoke, Virginia 24018 Mr. Earl E. Elkins, 921 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Ann Grove, Attorney, P. O. Box 1371, Roanoke, Virginia 24007 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 911 Tazewell Avenue, S.E., designated on Sheet No. 411 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 4112105, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on August 12, 1991, and that Sheet No. 411 of the Zone Map be changed in this respect. ATTEST: City Clerk. [ 1TY ..... ~ ..... Roanoke City Planning Commission November 11, 1991 The Honorable Noel C. Taylor, and Members City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Jackie L. and Iris N. Fuller, represented by Paul Wiley, that a tract of land located at 911 Tazewell Avenue, S.E., described as Official Tax Number 4112105, be rezoned from RM-2, Residential Multifamily District, Medium Density District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backqround: Purpose of the rezoning request is to provide for the continued construction of a fraternal lodge to be used by American war veterans. Petition to rezone was filed on August 12, 1991. The following condition was proffered by the petitioner: That the property will be developed in substantial conformity with the comprehensive site plan prepared by Brightwaters Engineering, dated 7-26-91, and as approved by the City 7-30-91, a copy of which is attached to the petition for rezoning as Exhibit B. Planninq Commission public hearinq was held on September 4, 1991. Mr. Paul Wiley appeared before the Commission as agent for the petitioner. He said that his client was operating under a building permit issued by the City as 355 Municipal Building 215 Church Avenue, S%X Roanoke, Virginia 2401 t (703) 981-2344 Members of Council Page 2 November 11, 1991 well as an approved site plan and subdivision plat. He said the building had been under construction for about two weeks when Ron Miller notified him that a portion of the property (32 feet) was zoned RM-2 instead of the necessary C-2, and consequently, he had to file a petition to rezone. He said that it was an oversight on the engineer's part and he was asking that the rezoning be approved. Mrs. Dorsey said that the Planning staff recommended approval of the request. She said the site had gone through extensive review and it was a matter of an oversight. She noted that the land area had been combined into one lot and that the building had been shifted during comprehensive site plan review. She also noted that the rezoning was in keeping with the 1983 Tazewell Avenue study as well as the recommendations in the comprehensive plan. Ms. Ann Grove (attorney with Dodson, Pence) appeared before the Commission on behalf of some of the concerned citizens in the area primarily on the behalf of Mr. Earl Elkins, a property owner. She read the intent of the RM- 2 zone and said that the property owners felt that the proposed use was not compatible with the statement of the RM-2 zone. She said there were concerns about noise, hours of operation, and the obtaining of an ABC license for use on the premises. Mr. Earl Elkins (921 and 925 Tazewell Avenue) appeared before the Commission and stated that he had purchased the property at 925 Tazewell Avenue because of the noise. He said he did not object when Roy Call had rezoned property to sell produce, but he did object to the AMVET request. Ms. Grove suggested that the matter be tabled until the property owners had an opportunity to meet with the lessee or owner of the building so that additional proffers could be worked out. She said that the neighborhood would like to have a proffer limiting the days and hours of operation as well as the sale of alcohol and buffering. Mr. William Johnson (1086 Blanford Avenue, Vinton) appeared before the Commission on behalf of Belmont Baptist Church. He said that the church was opposed to the request because of the proposed alcohol use. He noted that there were a number of undesirable activities Members of Council Page 3 November 11, 1991 in the area at the present time and the church did not support the rezoning. Mrs. Dorsey said that staff would like to clarify that the site, as it currently exists, is zoned C-2 for 160 feet. She said that 12 feet of the building had accidently been located on a residentially zoned lot, which necessitated a rezoning of the one lot, not the entire site, which was rezoned a number of years ago. She said that the building was a permitted use in the C-2 zone and that was not an issue to be addressed in the rezoning of the one lot. She said that the site had gone through comprehensive site plan review and noted that a 10 foot wide landscape buffer would be installed. Mr. Bradshaw said he felt the proffer on the adjoining property relating to the selling of produce needed to be clarified and that in view of the confusion he would move to table the matter. The motion was seconded by Mr. Sowers. Mr. Ferguson commented that he thought the petitioner would have to ask for tabling of the request. Mr. Wiley appeared before the Commission and stated that the petitioner agreed to the tabling of the request. He said, however, that he would like the Commission and everyone else to know that the petitioner would not have invested the money he has without an approved site plan and building permit. Mr. Price advised staff to work with the petitioner to establish a meeting with the neighborhood residents prior to the Commission's next meeting. Action on the request was tabled until October 2, 1991, in order to give the petitioner an opportunity to meet with the residents of the immediate area to further discuss the concerns raised during the meeting. II. Existing Situation: Neighborhood meeting was held on September 24, 1991, at Old Firehouse #6 on Jamieson Avenue. Attending were: 27 area residents, 5 representatives from AMVET, 3 representatives for the petitioner and 1 City Planning staff member. Members of Council Page 4 November 11, 1991 Mrs. Evelyn Dorsey summarized the purpose of the meeting and reviewed the zoning history and comprehensive site development plan of the subject property. Representatives of AMVET discussed the purpose and activities of their non-profit organization and informed the group that they have been meeting and conducting their organization's activities at four (4) different locations over the past 9 years within the immediate vicinity of the proposed new building and to their knowledge, they have not received nor generated any complaints to the City about their activities and use of the various properties. They further stated that in response to the general inquiry and rumor pertaining to use of alcoholic beverages on the property, that their pending application before the State ABC Board is for beer only. Other concerns discussed are as follows: Buffer. Concern was raised by Mr. Earl Elkins, a property owner on Tazewell Avenue, about what type of buffer, if any, will be installed along their common property line and when would it be installed. Mr. Wiley reviewed the approved landscaping plan shown on the comprehensive development plan and informed Mr. Elkins that the buffer will be installed in October. Mrs. Dorsey informed the group of the landscaping and buffer requirements of the zoning ordinance and stated that when the site is reviewed for the certificate of occupancy, everything required and approved for the site must be in place or a bond is posted with the City to ensure its completion. She further stated that whether the developer does it at a later date (spring planting versus winter) or the City uses the bond to have the required work done, the buffer will be installed. Mr. Wiley also stated that in the design and layout of the rooms inside the new building, the offices were placed in the portion of the building towards the residential area and the common room or activity area was placed on the side towards 9th Street so that any noise and activity would be oriented towards the commercial area. Members of Council Page 5 November 11, 1991 Parkinq. Several residents inquired as to whether there was adequate parking being provided on the site. Mrs. Dorsey stated that for the proposed building square footage and use, per the zoning ordinance requirements, 25 spaces were being provided on the site. Mr. Wiley further commented that Mr. Fuller owns the adjoining commercial lot at the corner of 9th Street and plans to raze that building and surface it to provide an overflow parking area. Activities of AMVET. Several questions arose as to what type of activities will take place at the facility. The Commander of AMVET chapter stated that they will hold their bi-monthly business meetings, will plan their community service programs and projects there and occasionally (on holidays) will host parties for their members at the facility. Planning Commission public hearinq was continued on October 2, 1991. Mr. James Zadell appeared before the Commission on behalf of Mr. and Mrs. Fuller. Mr. Zadell summarized the results of the neighborhood meeting that had been held on September 24, 1991. He noted that various issues had been discussed at the meeting and he thought everyone left the meeting with their questions answered. Mrs. Dorsey gave the staff report. She also noted that she felt the major issues raised by the residents had been addressed and that staff was recommending approval. Mr. Earl Elkins (921 Tazewell Avenue, SE) appeared before the Commission and stated he was still concerned over rough activities which could possible take place as well as the possibility of loud noise. IV. Mr. Zadell responded that the City had a noise ordinance, which should control the noise, if any. He also noted that the clubroom was going to be on the north side of the building, far from Mr. Elkins' property. Issues: A. Zoninq. B. Land use. Members of Council Page 6 November 11, 1991 C. Utilities. D. Access. E. Screening. F. Neiqhborhood organization. G. Comprehensive plan. V. Alternatives: City 1. Council approve the requested rezoning. Zoninq of the subject property would be C-2, General Commercial District, and the construction of this facility would be allowed to continue. Land use would be a fraternal lodge for American war veterans. Utilities are available and of adequate capacity to serve the development. All engineering and drainage concerns have been addressed and resolved during comprehensive development plan review on this site. Access to and from the site can be safely provided by Tazewell Avenue. No traffic or off-street parking impacts are expected from the proposed use of the property. Screeninq will be provided on site in with the proffered site plan and comprehensive development plan. accordance approved Neiqhborhood orqanization realizes that the proposed fraternal lodge would have no negative impacts on the area and they have not objection to the proposed facility. 7. Comprehensive plan would be followed. B. City Council deny the rezoning request. Zoninq would remain RM-2, Residential Multifamily District, for one lot of the development site that is currently under construction and the new building would be in violation of the zoning ordinance, and therefore, in a nonconforming status. Members of Council Page 7 November 11, 1991 2. Land use would be a vacant, partially built commercial structure. 3. Utilities would be unaffected. 4. Access would not be an issue. 5. Screeninq would not be an issue. Neighborhood would be visually and aesthetically affected by the partially built structure. 7. Comprehensive Plan issues as set forth could be followed at a later date. VI. Recommendation: By a vote of 7-0, the Planning Commission recommended approval of the requested rezoning. The rezoning is a logical extension of the adjoining commercially zoned properties and would place the entire building currently under construction into a conforming zoning status. Furthermore, the rezoning of the subject property would be in keeping with the recommendations set forth in the City's Comprehensive Plan. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Petitioner Office of the City Clerk August 13, 1991 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 petition from Mr. Paul Wiley, Agent, representing Mr. and Mrs. Jackie L. Fuller, ~equesting that a tract of land located at 911 Tazewell Avenue, S. E., containing .09 acre, more or less, identified as Official Tax No. 4112105, be rezoned from RM-2, Residential Multi-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:ra REZONE4 Enc. pc: Mr. Paul B. Wiley, Agent, 5217 Hawthorne Road, N. W., Roanoke, Virginia 24012 ~r. John R. Mariles, 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 IN RE: REC~I~ED CITY CLEr:;($ IN THE COUNCIL OF THE CTTY OF ROA-NOK~I Rezoning of a tract of land lying within the City of Roanoke, 911Tazewell, tax map number 4112105 from RM2, Residential Multifamity District to C-2, General Commercial, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Jackie L. & Iris N. Fuller, owns land in the City of Roanoke containing .09 acres, more or less, located 911Tazewell Ave. Tax number 4112105. Said tract is currently zoned RM-2, Residential Multifamily District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Multifamily District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of con- tinued construction of AMVET center. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide meeting and recreational facilities for area war veterans. 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: That the property will be developed in substantial con- formity with the comprehensive site plan prepared by Brighwaters Engineering, dated 7/26/91, and as approved by the City 7/30/91, a copy of which is attached to the Petition for Rezoning as Exhibit B. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /_.P~ day of ~.~, 1991. Respectfully submitted, Agent for Owne~/,/ Mr. Paul Wiley c/o MX, Jackie L. Fuller 5217 Hawthorne Road, N. W. Roanoke, VA 24Q12 Signature of Owner ~ ~/I ~ J F 411Z6P4 ~?-- STREET ~1 I" I '"'"' ~ / /~ I I ~ ~' 0.454 *" ~~" '"'"~ '"~11~.',,.-~ ~ .,,..,.~ ',~ ~ I/~ .,,,.. ~ .,,..,. ~ i / L ...... ~ ~ , i o '" .: '~ 1'1 ~.,,,,.. ~ .,,,,,. ~ F~ ...... c ¥- N Ill .L33~dl I-I Iii Ci~ Cl~rk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 October 24, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. Paul B. Wiley 5217 Hawthorne Road, N. W. Roanoke, Virginia 24012 Dear Mr. Wiley: 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 clients, Mr. & Mrs. Jackie L. Fuller, that a tract of land located at 911 Tazewell Avenue, S. E., containing .09 acre, more or less, identified as Official Tax No. 4112105, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. 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, November 11, 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, 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 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 PUBLIC4 Enc. pc: Mr. Michael M. Zimmerman, 917 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Ellen V. Sanderson, 916 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. William Emory, 4231 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. Paul B. Wiley October 24, 1991 Page 2 pc: Mr. & Mrs. Jack Richards, 4231 Plantation Road, N. E., Roanoke, Virginia 24012 Mr. & Mrs. J. H. Nichols, 906 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. Dennis Williams, 904 Stewart Avenue, S. E., Roanoke, Virginia 24013 Mr. & Mrs. Roy Call, Route 1, Box 274, Hardy, Virginia 24101 Mr. & Mrs. Nu T. Kong, 927 Wasena Avenue, S. W., Roanoke, Virginia 24015 Mr. Danny R. Dillon, 4840 Brookwood Drive, S. W., Roanoke, Virginia 24018 Mr. Earl E. Elkins, 921 Tazewell Avenue, S. E., Roanoke, Virginia 24013 Ms. Ann Grove, Attorney, P. O. Box 1371, Roanoke, Virginia 24007 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. Wliliam F. Clark, 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 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 11, 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 RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, the following property: A tract of land located at 911 Tazewell Avenue, S.E., and bearing Official Tax No. 4112105, 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. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 23rd day of October , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 25, 1991, and once on Friday, November 1, 1991, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 ~UoLJ~ric~5 ~ - 4~(.'~-,d REC~F-/E~ CITY"" ~' ......... - ~"~ Z. ADE LL J,¢, M r_ o NOV11 P1:46 Office of the City Clerk August 13, 1991 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 petition from Mr. Paul Wiley, Agent, representing Mr. and Mrs. Jackie L. Fuller, requesting that a tract of land located at 911 Tazewell Avenue, S. E., containing .09 acre, more or less, identified as Official Tax No. 4112105, be rezoned from RM-2, Residential Multi-Family District, to C-2, General Commerciai District, subject to certain conditions proffered by the petitio[ler. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra REZONE4 Enc. pc: Mr. Paul B. Wiley, Agent, 5217 Hawthorne Road, N. W., Roanoke, Virginia 24012 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Taievi, Assistant City Attceney Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANO~ ,,,,r, ,,,,,, ~'!~?~ IN RE: Rezoning of a tract of land lying within the City of Roanoke, 911 Tazewell, tax map number 4112105 from RM2, Residential Multifamity District to C-2, General Commercial, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Jackie L. & Iris N. Fuller, owns land in the City of Roanoke containing .09 acres, more or less, located 911 Tazewell Ave. Tax number 4112105. Said tract is currently zoned RM-2, Residential Multifamily District. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Multifamily District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of con- tinued construction of AMVET center. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide meeting and recreational facilities for area war veterans. 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: That the property will be developed in substantial con- formity with the comprehensive site plan prepared by Brighwaters Engineering, dated 7/26/91, and as approved by the City 7/30/91, a copy of which is attached to the Petition for Rezoning as Exhibit B. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /4 day of ~-~--/r----' 1991. Respectfully submitted, Agent for Owne~ Mr. Paul Wiley c/o ~, Jackie L. Fuller 5217 Hawthorne Road, N. W. Roanoke, VA 24012 Signature of Owner 4IIZ?OZ T 4IIZIi] ~ LOT 5 A % 0.454 Ac ~ 41'Z;I4 ~ ~', 4112102 ~ 4IlO~Z? ~ % 41tl?o& 4IIZII& N 4IIZI07 \ 4111II01 ~'~ 4ttZ~OZ ~'~ 4IIZ803 '~ 411~104 411iiOl ~ 411?lOg ~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: RECEtYEO SEP P1:03 Request from Jackie L. and Iris N. Fuller, represented ) by Paul Wiley, that a tract of land located at 911 ) Tazewell Avenue, S.E., described as Official Tax Number ) 4112105, be rezoned from RM-2, Residential Multifamily )AFFI- District, Low Density District, to C-2, General )DAVIT 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 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 23rd day of September, 1991, notices of a public hearing to be held on the 2nd day of October, 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 4112106 Michael M. Zimmerman 917 Tazewell Ave., SE Roanoke, VA 24013 4112115 4112114 4112113 4112112 4111114 4112116 4112111 Ellen V. Sanderson 916 Stewart Avenue, SE Roanoke, VA 24013 William and Nancy Emery Jack and Dorothy Richards 4231 Plantation Road Roanoke, VA 24012 J. H. and Nannie Nichols 906 Stewart Ave., SE Roanoke, VA 24013 Dennis and Annie Williams 904 Stewart Ave., SE Roanoke, VA 24013 Roy and Sarah Call Rte. 1, Box 274 Hardy, VA 24101 Nu T. and Sang A. Kong 927 Wasena Avenue, SW Roanoke, VA 24015 Danny R. Dillon 4840 Brookwood Drive Roanoke, VA 24018 Mar~ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of September, 1991. Notary Public My Commission Expires: RECEIVED CITY O[E~!~$(?:.~C ~O ~B CZ~¥ C~R[ O~ ~B~ CZ~¥ O~ ROA~O[~, VZRGZ~ZA UE27 A8:53 Request from Jackie L. and Iris N. Fuller, represented ) by Paul Wiley, that a tract of land located at 911 ) Tazewell Avenue, S.E., described as Official Tax Number ) 4112105, be rezoned from RM-2, Residential Multifamily )AFFI- District, Low Density District, to C-2, General )DAVIT 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 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 September 4, 1991, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 4112106 4112115 4112114 4112113 4112112 4111114 4112116 4112111 Owner, Aqent or Occupant Michael M. Zimmerman Ellen V. Sanderson William and Nancy Emory Jack and Dorothy Richards J. H. and Nannie Nichols Dennis and Annie Williams Roy and Sarah Call Nu T. and Sang A. Kong Danny R. Address 917 Tazewell Ave., SE Roanoke, VA 24013 916 Stewart Avenue, SE Roanoke, VA 24013 4231 Plantation Road Roanoke, VA 24012 906 Stewart Ave., SE Roanoke, VA 24013 904 Stewart Ave., SE Roanoke, VA 24013 Rte. 1, Box 274 Hardy, VA 24101 927 Wasena Avenue, SW Roanoke, VA 24015 Dillon 4840 Brookwood Drive Roanoke, VA 24018 a Pace Franklin -- SUBSCRIBED AND SWORN to before me, a Notary Public, City of Roanoke, Virginia, this 26th day of August, 1991. Notary Publ'ic in the My Commission Expires: /f-affidavi .pf MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24{)11 Telephone: (703)981-2541 November 21, 1991 SANDRA H. Fg, IIN Deputy City Clerk File #514 Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: I am enclosing copy of Ordinance No. 30776-111891 permanently vacating, discontinuing and closing all of a ten foot alley and portions of two other alleys, lying west of First Street between Franklin Road and Day Avenue, S. W. Ordinance No. 30776-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, .. Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Young Women's Christian Association, 605 First Street, S. W., Roanoke, Virginia 24011 Ms. Bonnie J. Maicolm, 1725 Maiden Lane, S. W., Roanoke, Virginia Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talavi, Assistant City Attorney The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Cb_aries A. Price, Jr., Chair, City Planning Commission Mr. L. Elwood Norris, Chair, Board of Zoning Appeals Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Charies M. Huffine, City Engineer Mr. Ronald 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 24015 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 November 21, 1991 File #514 SANDRA H. EAKIN Deputy City Clerk The Honorable Arthur B. Crush Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 30776-111891, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of all of a ten foot alley and portions of two other alleys, lying west of First Street between Franklin Road and Day Avenue, S. W. Ordinance No. 30776-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30776-111891. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Appalachian Power Company, 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 rights-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 November 11, 1991, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, rights-of-way. THEREFORE, BE Roanoke, Virginia, City of Roanoke, follows: discontinuing and closing said public IT ORDAINED by the Council of the City of that the public rights-of-way situate in the Virginia, and more particularly described as Ail of a 10-foot alley and portions of two other alleys, lying west of First Street, S.W., between Franklin Road, S.W., and Day Avenue, S.W. be, and hereby are, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, reserving however, to the City of Roanoke 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 rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-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 rights-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 portions of three alleys lying west of First Street, S.W., between Franklin Road, S.W., and Day Avenue, S.W., 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 rights-of-way on all maps and plats on file in his office on which said rights- of-way are shown, referring to the book and page of 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 Appalachian Power Company, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. P, oonoke City Plonnincj Commission November 11, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Appalachian Power Company (APCo) to close and vacate all of one public alley and portions of two others, adjacent to 1st Street, and Day Avenue, S.W. I. Background: ae Alleys as described in the applicant's petition as alleys (a), (b), and (c) are all existing dead-end alleys and are situated at the rear or sides of existing buildings. Public alleys extend from 1st Street and Day Avenue,S.W., into block 6 which over the years has been transformed into an unusually large parking lot. Six buildings are currently situated within this City block and are identified on attached map "A" by location, address and current use. II. Current Situation: Planning Commission revised the subject application at its regular meeting of October 2, 1991. Alley and alley portions are identified on attached map "A", as alleys (a), (b) and (c) consistent with the description provided in the submitted application. Applicant owns all properties abutting the subject alley and alley portions with the following exceptions: Tax Parcel 1013207 - Young Women's Christian Association (YWCA), 605 1st Street, SoW. Tax Parcel 1013214 - B. J. Malcolm, 115 Day Avenue, S.W. Roenn 355 Municipol Building 215 Church Avenue, SW~ Roonoke, Virginio 24011 (703) 981-2344 Applicant proposes to raze the building currently occupied by Sunnyside Awning and Tent Company at 621-623 1st Street. III. Issues: A. Level of access provided by alleys. B. Public safety. C. Utilities within the public riqht-of-way. D. Land use. E. Relationship to the comprehensive plan. IV. Alternatives: City Council approve the applicant's request to close and vacate the subject alley and alley portions subject to certain conditions as outlined in Section V. of this report. 1. Level of access provided by alleys: Alley (a) serves as an access to abutting APCo properties. Alley (a) cannot serve as a secondary means of access to the abutting YWCA building since this business has no adjacent parking facility or loading dock and no available space for vehicular turnaround movements. Alley (a) could only serve this facility as a parking area, but parking within a public alley is a violation of existing City ordinance. Alley (b) serves as a means of access to APCo owned properties only. Alley (c) serves as a means of access to APCo properties and a parking lot owned by B. J. Malcolm at 115 Day Avenue, S.W. Public safety. Ail of the subject alleys are existing dead-end alleys with no available capacity to provide for public turnaround facilities. Alleys (a) and (b) cannot provide any level of service for any other abutting property owner, other than the existing APCo parking lots. If the abutting APCo properties were fenced at any time in the future, any use of alleys (a) and (b) would require the user to back into the public street. Utilities within the public riqht-of-way. City has existing sewer facilities in the alley rights-of- way. 4. Land use: Razing of the building at 621-623 Day Avenue, S.W., will have a negative effect on downtown commerce. However, APCo has the prerogative of razing the building regardless of the disposition of the subject alleys. Franklin Road Master Plan proposes future commercial uses in this block with an accessory parking structure. Closure as requested will landlock tax parcels 1013223 and 1013224. Closure will create substandard 10' wide parcels. Plat of subdivision should be prepared, submitted to the City for review and recorded by the applicant, combining parcels that would otherwise be landlocked and combining vacated alley and alley portions with abutting properties. Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. City Council deny the applicant's request to close the subject alley and alley portion. 1. Level of access provided by alleys would remain unchanged. 2. Public safety would not be enhanced. 3. Utilities within the right-of-way would not be affected. Land use would remain unchanged. Building at 621- 623 Day Avenue may or may not be razed. 5. Relationship to the comprehensive plan would not be an issue. V. Recommendation: By a vote of 7-0, the Planning Commission recommends to City Council that Alternative "A" be approved subject to the following conditions: That the applicant agrees to have prepared and submitted to the City, for review and recordation, a plat of subdivision combining all properties that would otherwise be landlocked by the requested closure, combining the vacated alleys with abutting properties, and providing for all necessary easements. That if the above-cited subdivision plat is not submitted, approved by the City and recorded within a period of 12 months from the date of any ordinance providing for such closure of the subject alley and alley portions, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner VIRGINIA: RECEIVED CITY CLEF? ? ~' :'~!CE IN T.E CITY CO'. CI . OF T.E CWY IN RE: VACATION OF ALLEYS LYING WEST OF FIRST STREET, S.W. BETWEEN FRANKLIN ROAD, S.W. AND DAY AVENUE, S.W. APPLICATION OF APPALACHIAN POWER COMPANY TO: THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: (1) The applicant, Appalachian Power Company, by counsel, applies to have certain alleys lying in the block bounded by First Street, S.W., Day Avenue, S.W., Second Street, S.W., and Franklin Road, S.W., permanently vacated, discontinued and closed, pursuant to Section 15.1-364, Code of Virginia, and Section 30-14, Code of the City of Roanoke, both as amended to date. (2) The alleys which are the subject of this request are shown marked in red on the portion of City of Roanoke Appraisal Map No. 101 attached hereto as Exhibit A, and are more particularly described as follows: (a) The western portion_of that certain 10-foot alley which lies approximately 124.42 feet south of the southwest corner of Franklin Road, S.W., and First Street, S.W., said western portion lying adjacent to, south of, and between the extended property lines of the lot bearing Official Tax No. 1013206, and being approximately 47 feet long. M#69890 (b) Ail of that certain 10-foot alley lying between the lots bearing Official Tax Nos. 1013210 on the north and 1013217 and a portion of 1013211 on the south, extending west from First Street, S.W., for an approximate distance of 121.67 feet. (c) The northern portion of that certain 10-foot alley which lies approximately 100 feet west of the southwest intersection of First Street, S.W., and Day Avenue, S.W., and said northern portion lying adjacent to, west of, and between the extended property lines of the lot bearing Official Tax No. 1013219, and being approximately 76 feet long. (3) The grounds for this application are as follows~ (a). Ail of the alleys which are the subject of this petition are bordered solely by property owned by Appalachian Power Company. (Portions of the two alleys which are being closed only in part are used by adjoining property owners, and the portions so used will remain open.) (b) Appalachian propose~ to raze the building presently occupied by Sunnyside Awning & Tent Company and to expand the parking areas located on each side of that building. Closing of these alleys, which serve no public or private function other than to Appalachian, will facilitate the development of these additional parking areas. M#69890 (c) Consolidation of ownership of most of the parcels in this block in the hands of Appalachian has rendered unnecessary the alleys to be closed. Therefore, no member of the public or property owner will be inconvenienced by the proposed closure. (4) The only landowners, other than Appalachian Power Company, who might be affected by the proposed closure are: Young Women's Christian Association 605 First Street, S.W. Roanoke, VA 24011 Bonnie J. Malcolm 1725 Maiden Lane, S.W. Roanoke, VA 24015 These are the only owners of property in this block other than Appalachian. WHEREFORE, Appalachian Power Company respectfully requests that the above-described alleys and portions of alleys be permanently vacated, discontinued and closed by the Council of the City of Roanoke in accordance with Section 15.1-364, Code of Virginia, City of Roanoke. Date: September 11, 1991 Daniel F. Layman, Jr. WOODS, ROGERS & HAZLEGROVE 105 Franklin Road P. O. Box 720 Roanoke, Virginia 24004 and Section 30.14, Code of the Resp?ctfully, APPALACHIAN POWER COMPANY Of Counsel (J M#69890 3 EXHIBIT A 5o') - .-.. II. ' -----' ' ' =~-~"1..-~ ' ': .......... · '[ ' /x.~ ~w*.~. __ ~..~ ~L~"~- ;,'r ;,-I, I~ t '~ ' AVENUE ..,., ,:, ~~-;;;; . ...... , s.w. : ., ;..?.~' i, · .... ~,W~~u~ . ; ';;'.':.~- ; 'N:z~!'-. ~, ' ,-~ ...... ~ ' , ~ , ,.-. ,.. · ,. ~;... ~ ! ,- .. . .,~[~.. ~ "- -~' ~ ~,~ '~';i,.~." '~-J2'~-'~ ";'~ ',~ ~[~'J"~F~"J '';"[,": .'.,, '""" :1 ~f'%.--'= ~'. ~- ',, - ~: -F-. ,,1 :t". ~', ,~'-.'t~,,'..~--;'~ ~'"LT'- - ' ~..,.---,~'"T~" I~ i] , ,iii I~l-I !; U, '.~"-':-. m ~ ....... ~ ~ ':"~;; ......... '~,~ n/[NUE ---,~-...,5.~ ~ · ~\/I .,..,~. il o~ ~ KIRK ' , .... ",':' ~ ,.r~....~-a ~.~ ,,z...,~.,..· .,..... .... , ~. : ,---~ ~,~ ~ :.~:_,..,~.~ ~~1,;-... 1,.,I' , '!,, .,/~ -, ~ ,, .... ~ i ,t: . -~,~ ~. .. '~..~,--'""'-...~ :'~,.._...,~_~\ : ........ ~: ~ ~ ,,,,~ ........ ........ ." . , ~ ~ -.~ .....~. . ,. · '~ .... ~ AVENUE · ,o~'*' ROAD APPRAISAL MAP ~TY OF ROANOKE VA. SHEET ~ I01 LOCATION ~m B~B'mml~ m FRAklKL~N Ro~J) ~01 ~ZO ? ST. ', LLE'Y ; DBY /~VENU~. MARY F. PAR.I~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 24, 1991 File #514 SANDRA H. EAKIN Deputy City Clerk Mr. Daniel F. Layman, Jr. Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Layman: 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, Appalachian Power Company, to close and vacate all of one public alley and portions of two others, adjacent to First Street and Day Avenue, S. W. 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, November 11, 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, 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 Enc. pc: Young Women's Christian Association, 605 First Street, S. W., Roanoke, Virginia 24011 Ms. Bonnie J. Malcolm, 1725 Maiden Lane, S. W., Roanoke, Virginia 24015 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 Mr. Daniel F. Layman October 24, 1991 Page 2 pc.' 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. 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 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 11, 1991, at 7:30 p.m., 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: Vacation of alleys lying west of First Street, $.W., between Franklin Road, S.W., and Day Avenue, S.W. 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 23rd day of October · 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 25, 1991, and once on Friday, November 1, 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. Daniel F. Layman, Jr., Attorney P. O. Box 720 Roanoke, Virginia 24004 RECEIVED CiTY CL Ef'K :~ ~"~' 31 NOVll P1:46 PUmLIu~I IU~N City ef RMhoke ¢~ m ~, C~unc C~,m~r 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 12, 1991 File #514 SA,NDRA H. EAI~N Deputy City Clerk Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia 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. Daniel F. Layman, Jr., Attorney, representing Appalachian Power Company, requesting that certain alleys lying in the block bounded by First Street, Day Avenue, Second Street, and Franklin Road, S. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra STREET3 Eno. pc: Mr. Daniel F. Layman, Jr., Attorney, P. O. Box 720, Roanoke, Virginia 24004 Mr. John R. Mariles, 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 RECEIYED TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE ALLEY CLOSURE OF: SEP24 PI:03 Appalachian Power Company, represented by Daniel F. Layman, Jr., attorney, that three alleys lying in the block bounded by First and Second Streets, S.W., Day Avenue, S.W., and Franklin Road, S.W., more specifically, the western 47' section of a 10' wide alleyway lying adjacent to official tax no. 1013206; all of a 10' wide alleyway lying adjacent to official tax no. 1013210; and the northern 76' section of a 10' wide alleyway lying adjacent to official tax no. 1013219, be permanently vacated, discontinued and closed. COMMONWEALTH OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is secretary to the Secretary of the 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 23rd day of September, 1991, notices of a public hearing to be held on the 2nd day of October, 1991, on the alley closures captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1013207 1013214 Owner~ Agent or Occupant Young Womens Christian Assoc. Bonnie J. Malcolm Address 605 1st Street, SW Roanoke, VA 24011 1725 Maiden Lane, SW  _~ Roanoke, VA 24015 Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of September, 1991. Notary Public My Commission Expires: /f 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 November 21, 1991 SANDRA H. EAI~N Deputy City Clerk File #514 Mr. George M. Gee President H & S Construction Company P. O. Box 6226 Roanoke, Virginia 24017-0226 Dear Mr. Gee: I am enclosing copy of Ordinance No. 30777-111891 permanently vacating, discontinuing and closing a block of Westport Avenue, S. W., extending between 20th and 21st Streets, S. W.; a portion of 21st Street, S. W., extending between Westport Avenue, south to a 12 foot alley; and a 12 foot alley lying between Westport Avenue and Salem Avenues, S. W., and extending between 20th and 21st Streets, S.W. Ordinance No. 30777-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc: Mr. and Mrs. Richard Williams, P. O. Box 20187, Roanoke, Virginia 24018 Mr. and Mrs. Garst Bishop, 3434 West Ridge Road, S. W., Roanoke, Virginia 24014 Hub Pattern Corporation, c/o Mr. H. J. Cloeter, 2113 Salem Avenue, S. W., Roanoke, Virginia 24016 Norfolk Southern Corporation, c/o Mr. Steven C. McCurdy, 185 Spring Street, S. W., Atlanta, Georgia 30303 Norfolk Southern Corporation, Eight North Jefferson Street, Roanoke, Virginia 24011 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; George M. Gee November 21, 1991 Page 2 pc: Mr. Charles A. Price, Jr., Chair, City Planning Commission Mr. L. Elwood Norris, Chair, Board of Zoning Appeals Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, 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 Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Vaiuation MARY F. PARKER Cit~ Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virgini~ 24011 Telephone: (703)981-2541 November 21, 1991 SANDRA H. F.2~KIN Deputy Clt~ Clerk File #514 The Honorable Arthur B. Crush Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 30777-111891, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a block of Westport Avenue, S. W., extending between 20th and 21st Streets, S. W.; a portion of 21st Street, S. W., extending between Westport Avenue, south to a 12 foot alley; and a 12 foot alley lying between Westport Avenue and Salem Avenues, S. W., and extending between 20th and 21st Streets, S. W. Ordinance No. 30777- 111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw gnc. pc: Mr. George M. Gee, President, H & S Construction Company, P. O. Box 6226, Roanoke, Virginia 24017-0226 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGIN'£A, The 18th Day of November, 1991. No. 30777-111891. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, H & S Construction Company, 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 rights-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 November 11, 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 rights-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public rights-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A block of Westport Avenue, S.W., running between 20th and 21st Street, S.W.; a portion of 21st Street, S.W., running between Westport Avenue, south to a 12' alley; and a 12' alley lying between Westport Avenue and Salem Avenue, S.W., and running between 20th and 21st Street, S.W. be, and hereby are, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the rights-of-way, reserving however, to the City of Roanoke 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 rights-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the landscaping, fences, shrubbery, structure or encroachments on or over the easement which impede owner, any any other access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public rights-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described rights-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 portions of Westport Avenue, S.W., and 21st Street, S.W., and the 12-foot alley lying between Westport Avenue and Salem, Avenue, S.W., 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 rights-of-way on all maps and plats on file in his office on which said rights- of-way are shown, referring to the book and page of 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, City of Roanoke, Virginia, as Grantor, and in Construction Company, and the names of any interest who may so request, as Grantees. indexing the same in the name of the the name of H & S other parties in ATTEST: City Clerk. '91 22 P 1 Roanoke City Planning Commission November 11, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from H & S Construction Company, represented by George M. Gee, that a block of Westport Avenue, S.W., running from 20th to 21st Street; a portion of 21st Street, S.W., running from Westport Avenue, south to a 12' alley; and a 12' alley running parallel with Westport and Salem Avenue, S.W., be permanently vacated, discontinued and closed. I. Backqround: Portion of Westport Avenue requested for closure extends from its intersection with 20th Street west, approximately 450 feet up to and including its intersection with 21st Street. It is a paper street which is undeveloped. Portion of 21st Street requested for closure extends north from its intersection with the alley up to and including its intersection with Westport Avenue. 21st Street has been surface treated and the area requested for closure has some gravel base on the front area that gives way to dirt and finally to an overgrowth of weeds. Subject alley runs approximately 400 feet through block 40 which in turn lies between Westport and Salem Avenues. It is a paper alley which is overgrown and undeveloped. II. Current Situation: Application was received August 14, 1991. A public hearing before the Planning Commission was held on October 2, 1991. Bo 21st Street is surface treated from its intersection with Salem Avenue north until approximately 20 feet of its intersection with subject alley. The remainder of 21st Room 355 Municipal Building 215 Church Avenue, SW Roanc~e, Virginia 24011 (703) 981 2344 Street has some gravel which gives way to overgrowth and is undeveloped for approximately 150' Applicant desires to use the rights-of-way proposed for closure for equipment storage. III. Issues: A. Neighborhood impact. B. Traffic impact. C. Utilities within the right-of-way. D. Land use. E. Creation of a dead-end street. F. Relationship to the comprehensive plan. G. Cost. IV. Alternatives: Recommend to City Council that the applicant's request to close a block of Westport Avenue, S.W.; a portion of 21st Street, S.W., and a 12' wide alley running parallel and between Westport and Salem Avenues, S.W., be approved, subject to the conditions outlined in Section V. Recommendations. Neighborhood impact. Closure could possibly impact on two businesses located on either side of 21st Street. Access to the automotive business located on the eastern side of 21st Street would be difficult for truck traffic desiring entrance. A gateway to the rear of property located on the western side of 21st Street could also be impacted. Construction of a cul-de-sac at the intersection of 21st Street and the subject alley would solve both problems of access. Traffic impact. Closure should have no effect on traffic needs in the immediate area, other than those mentioned above (Section A. Neighborhood impact). Utilities within the public right-of-way. City has an existing sewer line within the right-of-way of the alley proposed for closure. The City has received no correspondence from Roanoke Gas, however, staff has noticed an active meter located in subject alley. Filing of a subdivision plat (Section V. Recommendation) would provide for any necessary easements required with closure. Land use. Closure, as requested, will leave eight landlocked parcels (Tax Nos. 1311301 through 1311308) landlocked without street frontage. City's subdivision ordinance prohibits the creation of landlocked parcels. (Section V.C. Recommendation) Creation of a dead-end street. Closure will create a dead-end street, an area sufficient to provide a public turnaround should be dedicated and constructed at the proposed terminus of 21st Street. Relationship to the comprehensive plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Cost of installation of a turnaround to be constructed at the proposed terminus of 21st Street would be borne by H & S Construction Company. Recommend to City Council that the applicant's request for closure of the above-mentioned properties be denied. Neiqhborhood impact. the neighborhood. There would be no impact on 2. Traffic impact. Traffic would not be affected. Utilities within the riqht-of-way. Utilities would not be affected. Land use. Land within the described public rights- of-way would remain vacant and undeveloped. 5. Creation of a dead-end street. Denial of closure would leave subject portion of 21st Street in a vacant and undeveloped state. Relationship to comprehensive plan. Since the comprehensive plan states that "available land should be used in the most appropriate manner," for the subject rights-of-way to remain vacant and undeveloped would be inconsistent with the intent of the comprehensive plan. 7. Cost would not be an issue. V. Recommendation: By a vote of 7-0, the Planning Commission recommends approval of Alternative A thereby authorizing the City to close and permanently vacate one block of Westport Avenue, S.W., one- half block of 21st Street, $.W., and an alley located between Salem and Westport Avenue, S.W., subject to the following conditions: That the applicant agree 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, recognition of all necessary easements, the proper division of the vacated rights-of-way, and dedication of the area referred to in Paragraph B, below. That the applicant agree to dedicate an area necessary to provide for the construction of a public turnaround in accordance with specifications required by the City Engineer, and that such turnaround be constructed by the applicant within a period of six (6) months from the date of recordation of said plat of subdivision. That if the above-cited subdivision plat is not submitted and recorded within a period of 12 months from the date of any ordinance providing for closure, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:HPD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner RECElV£O CITY CLER~S O=F!CE '91 OOT-2 P3:58 IN lHE COUNC;IL OF: 'IHE CITY OF ROANOKE, VIRGINIA IN RE: Application of H & S Construction Co. ) F:or Vacation oF parts of Westport Ave) 21st Street and ar~ Alley between 20th) and 21st Streets, S.W. Application for Vacating, Discorlbinuing and closing of streets and an alley. MEMBERS OF COUNCIL: H & S Construction Company applies to have a block of Westport Avenue, one-half block of 21st Street, arid an alley, in the city of Roanoke, Virgir~ia, per~nanent ly vacated~ discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. These streets and al ley are mere part icularly marked on the rnap attached and as follows: Westport Avenue between 20th and 21st Streets, SW; 21st Street between Westport Avenue and the alley to the south, S.W. ; and the 12' alley lying between Westport Avenue and Salem Avenue and runr~ing between 20th Street and 21st Street, SW. H & S Cor~struction Cc,~par, y states that the greunds for this application are as follows: 1) All landowners whose property adjoir, s the property to be vacated have been contacted and are not in disagreement with this application. 2) The property to be vacated is presently being used for storage or is vacant land. 3) The applicant desires to use the property to be vacated fer equipment storage. WHEREFORE, H & S Construction Compar~y respectfully requests that the above described streets and alley, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15. 1-364 and Sectior, 30-14, Code of the City of Roarloke (1979), as a~nended. Respectfully submitted, H & Scc, nmt't]~(ct~/c~Ton~::~, Georg~ M. Gee, President ate .... ............... LOCATION · · ~ · . TRLLT(,I. OSUIlI: U SO I I I J [ $0 & ,,¢ ,,$ SO ~ 5~ /00 /0 ~ I I I // Ii1 II iI // L 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 24, 1991 File #514 ~aN'DRA H. EAKIN Deputy City Clerk Mr. George M. Gee President H & S Construction Company P. O. Box 6226 Roanoke, Virginia 24017-0226 Dear Mr. Gee: 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 H & S Construction Company, that a block of Westport Avenue, S. W., running from 20th to 21st Street; a portion of 21st Street, S. W., running from Westport Avenue, south to a 12 foot alley; and a 12 foot alley running parallel with Westport and Salem Avenues, S. W., 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, November 11, 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, 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 Enc. po,' Mr. & Mrs. Richard Williams, P. O. Box 20187, Roanoke, Virginia 24018 Mr. & Mrs. Garst Bishop, 3434 West Ridge Road, S. W., Roanoke, Virginia 24014 Mr. George M. Gee October 24, 1991 Page 2 pc: Hub Pattern Corporation, c/o Mr. H. J. Cloeter, 2113 Salem Avenue, S. W., Roanoke, Virginia 24016 Norfolk Southern Corporation, c/o Mr. Steven C. McCurdy, 185 Spring Street, S. W., Atlanta, Georgia 30303 Norfolk Southern Corporation, Eight North Jefferson Street, Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. Wliburn 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 Appeais Mr. William F. Clark, 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 Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 11, 1991, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently vacate, discontinue and close the following public right- abandon, of-way: Westport Avenue, S.W., running between 20th to 21st Street, S.W.; 21st Street, S.W., running between Westport Avenue, and the alley to the south; and a 12' alley lying between Westport Avenue and Salem Avenue, S.W., and running between 20th and 21st Street, S.W. A copy of this proposal is available the Office of the City Clerk, Room 456, parties in interest may appear on the above date and be the question. GIVEN under my hand this 23rdday of October for public inspection in Municipal Building. Ail heard on · 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, October 25, 1991, and once on Friday, November 1, 1991, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit and bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 PU~LIbr~CK'$ I-FE - ~il l,~,~ RECEiVE. O CITY CLE~'-~ E: m'F~CE NOV 11 PI:46 Gl [Y UF ~.UA~d~- AFFiuAVfT ~F MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, V'uwirfia 24011 Telephone: (703)981-2541 October 3, 1991 File #514 SANDPd~ H. EAKIN Deputy City Clerk Mr. Charles A. Price, Jr., Chairman City Planning Commission Roanoke, Virginia 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 amended application from Mr. George M. Gee, President, H & S Construction Company, requesting that one block of Westport Avenue, S. W., one half block of 21st Street, S. W., and the twelve foot alley lying between Westport Avenue and Salem Avenue, running between 20th Street and 21st Street, S. W., be permanently vacated, discontinued and closed. Sincerely ' ~/ Mary F. Parker, CMC/AAE City Clerk MFP: ra STREET5 Ene. pc' Mr. George M. Gee, President, H & S Construction Company, P. O. Box 6226, Roanoke, Virginia 24017-0226 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 RECEIVED CITY CLE~ '~100T-2 P3:58 IN 7HE [.;OLINCIL OF: 'THE CITY OF ROANOKE, VIRGINIA IN RE: Applicatior~ c,F H & S Cor~structic, r~ Cc,. ) F:of Vac'atic, r~ of parts of Westport Ave) 21st Street arid ar~ Alley between 20th) and 21st Streets, S.W. Appl icat ic:,r~ for Vac:.a't ir~g, Discc, r~Jrd.~ir~g arid closirdg of str. eets arid ar~ alley. MEMBERS OF: COUNCIL: H & S Cor~structior~ Cornpar~y applies to have a block of W~,stport Avenue, erie-half block c,f 21st Street, arid an alley, ir~ the city of Roar, oke, V i rgi r~i a, permar, err~ 1 y vacat ed, d i scor~t i r~ued ar,el closed, pursuar~t to Virginia Code Sectien 15. I-3G4 arid Sectic, r~ 30-14, []ode ef the City of Rc,ar~oke (1979), as amer~ded. ]'hese streets and alley are more pa~"t itu 1 arly marked c,r~ t~e map attached arid as follows: We~.stport Aver~ue betweer~ 20th arid 21st Streets, SW; 21st Street between Wesstport Avenue and the alley to the ~aouth, S.W. ; arid the 12' alley lyir~g betweer~ Westport Aver~ue arid Salem Aver~ue arid rurmir~g betweer~ 20th Street and 21st Street, SW. H & S Cor~structior~ Cc, rnpar~y states that the grour~ds for this applil::atic, n are as follows: 1) All lar~dowr~ers whose pr.c, perty adjoir~s the proper.ty to be vacated have bee~ c,::,r~acted arid are not in disagr~eerner~t with this applicatior~. The prope~-ty to be vacated is preser~tly beir, g used for sro, rage c,r is vacar, t lar, d. 3) T'he applic, ar, t desires to use the pfc, petty to be vacated for equ~pmer, t storage. WFIEREF'ORE, H & S Cc, r, structior, Cornpar, y respectfully requests that the above described streets ar, d alley, be vacated by the Cc, ur, cil of: the City of Roar, c, ke, Vir'gir~ia, ir, accordar~ce with Virgir, ia Code Sec'tic, m 15. 1-364 ar, d Section 30.-14, Cc, de of the City oF Rc, ar, oke (1979), as amended. Respectfully submitted, 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 September 26, 1991 SANDI~. H. EAKIN Deputy City Clerk Mr. George M. Gee, President H & S Construction Company P. O. Box 6226 Roanoke, Virginia 24017-0226 Dear Mr. Gee: I wish to acknowledge~receipt of your communication under date of September 11, 1991, with regard to the application filed by H & S Construction Company for the permanent vacating, discontinuing and closing of portions of Westport Avenue and 21st Street, S. W., and an aliey located between Salem Avenue and Westport Avenue, I appreciate your bringing this matter to my attention and I sincerely apologize for the difficulties you experienced in the process of filing the application. I assure you that this is not the usual manner in which the City Clerk's Office handles such matters. I have discussed your concerns with members of my staff and learned that after your corrected application was filed on August 14, the application was transmitted by letter to Mr. Charles A. Price, Jr., Chairman of the City Planning Commission, and a copy of the letter was erroneously sent to Mr. David C. Helscher, Attorney, rather than to you. Therefore, the City Planning Department made an effort to contact Mr. Helscher concerning the application, which caused the delay in scheduling the matter for the City Planning Commission's September 4 agenda. The Deputy City Clerk, Ms. Sandra H. Eakin, endeavored to reach you by telephone last week and subsequently, spoke with Mr. George Nevergold of your staff on Friday, September 20. Ms. Eakin advised Mr. Nevergold that the matter is scheduled for public hearing before the City Planning Commission at its meeting on Wednesday, October 2, 1991, at 1:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building. Please do not hesitate to contact me if you have further questions and/or concerns. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: se ROANOKE, VIRGINIA September 11, 1991 Ms. Mary F. Parker, City Clerk Room 456, Municipal Building 215 West Church Avenue Roanoke VA 24011 240t7-0226 RECE!\: O SE? 16 1991 MAYOR'S OFFICE Re: Street and Alley Closure Request Dear Ms. Parker: H & S Construction Company, submitted an application for street closure to your office on August 2, 1991. The material submitted on that date was incomplete and did not follow the official procedure and consequently was returned to H & S by Renee L. Anderson of your office. George Nevergold, of my staff, corrected the items requested and returned them to your office on August 14, 1991. Ms Anderson assured Mr. Nevergold that our request would go to the Planning Commission on September 4, 1991. H & S received no notification of the matter being on the agenda for that date and upon calling your staff late last week, they indicated that the material was not submitted in time. I am bringing this to your attention because we feel that we did meet the procedural requirements and are not happy that we now face a month's delay in our application being considered. I would appreciate you looking into this matter and giving H & S some assurance that we will be on the October Planning Commission agenda. Sincerely ,~ George M. Gee, President H & S Construction Company GMG/GRN/ac RECE!VEO CITY CL[~!'~:~ ?iC~ TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA ~1 SD 24 P1:03 PERTAINING TO THE STREET AND ALLEY CLOSURE OF: Request from H & S Construction Company, represented ) by George M. Gee, that a block of Westport Avenue, SW) running from 20th to 21st Street; a portion of 21st )AFFI- Street, SW, running from Westport Avenue, south to a )DAVIT 12' alley; and a 12' alley running parallel with ) Westport and Salem Avenues, SW, be permanently ) vacated, discontinued and closed. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) The affiant, Martha Pace TO-WIT: Franklin, first being duly sworn, to the Secretary of the City of states that she is secretary 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 23rd day of September, 1991, notices of a public hearing to be held on the 2nd day of October, 1991, on the street and alley closures captioned above to the owner or agent of the parcels listed below at their last known address: Address Owner~ Aqent or Occupant 1311309 Richard and Martha Williams P.O. Box 20187 1311311 Roanoke, VA 24018 Garst and Jeanne Bishop Parcel 3434 West Ridge Road Roanoke, VA 24014 1311313 1311227 Hub Pattern Corporation H. J. Cloeter Norfolk and Southern Corp. Real Estate Management c/o Steven C. McCurdy 2113 Salem Avenue, SW Roanoke, VA 24016 185 Spring Street, SW Atlanta, GA 30303 8 N. Jefferson Street Ma~ktha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of September, 1991. Notary Public My Commission Expires: 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 November 21, 1991 SANDRA H. EAKIN Deputy City Clerk File #132 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I am enclosing copy of Resolution No. 30792-111891 repealing Resolution No. 30687- 82691, reinstating the December 16, 1991, regular meeting of City Council and canceliing the regularly scheduled meeting of Council on December 23, 1991. Resolution No. 30792-111891 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 18, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. pc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. Robert H. Bird, Municipal Auditor Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. James D. Ritchie, Director, Human Resources Mr. George C. Snead, Jr., Director, Administration and Public Safety IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th Day of November, 1991. No. 30792-111891. A RESOLUTION repealing Resolution No. 30687-82691, and reinstating the December 16, 1991, regular meeting of City Council and cancelling the regularly scheduled meeting of City Council on December 23, 1991. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Resolution No. 30687-82691, is hereby repealed, and the Monday, December 16, 1991, regular meeting of City Council is reinstated. 3. The regular meeting of City Council scheduled for Monday, December 23, 1991, is hereby cancelled. 2. The City Clerk shall take appropriate action to advise the public of the schedule changes noted above. ATTEST: City Clerk.