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Home My WebLink AboutCouncil Actions 12-16-91 White (30822) REGULAR WEEKLY SESSION ROANOKE CI'IT COUNCIL December 16, 1991 2:00 p.m. Call to Order Roll Call. MRS. BOWLES WAS ABSENT. The Invocation was delivered by The Reverend Samuel D. Robinson. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Noel C. Taylor. BID OPENINGS Bids for demolition of a structure and removal of asbestos containing material at 416 Gainsboro Road, N. W. Two bids were referred to a committee composed of Messrs. White, Chairman, Clark and Snead for tabulation, report and recommendation to Council. PUBLIC HEARINGS Public hearing on a request of the Roanoke Valley Council of Community Services, Inc., for real estate tax-exempt status on property located at 502 Campbell Avenue, S. W. Mr. C. Stan Cross, Jr., President. Action on the request of the Council of Community Services was deferred until the regular meeting of Council on Monday, January 6, 1992, at 2:00 p.m. CONSENT AGENDA (APPROVED 6 - 0) ALL MATTERS LISTED UNDER TI-IF. CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCII~ AND WILL BE ENACI~D BY ONE MOTION IN THE FORM LISTED BELOW. THERE WIIJL BE NO SEPARATE DISCUSSION OF TI-IF. SE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 2 C-1 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. C-2 A report of the City Manager requesting an Executive Session to discuss the use of real property for public purpose, specifically potential additional users of the Smith Gap Landfill in Roanoke County and Transfer Station in Roanoke City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss the use of real property for public purpose, specifically potential additional users of the Smith Gap Landfill in Roanoke County and Transfer Station in Roanoke City, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. 3 C-3 A communication from Council Member David A. Bowers requesting that the Roanoke City School Board appoint a representative to City Council's Legislative Committee. RECOMMENDED ACTION: Concur in request. C-4 A report of the City Manager with regard to the status of the Mayor's 1991 State of the City Recommendation No. 1. RECOMMENDED ACTION: Receive and file. C-5 A report of the City Manager with regard to the status of the Mayor's 1991 State of the City Recommendation No. 2. RECOMMENDED ACTION: Receive and file. C-6 A communication from Ms. Kay J. Kaplan, 4862 Old Mountain Road, N. E., transmitting petitions signed by residents of the Read Mountain, N. E. area, expressing opposition to construction of the VDOT Circumferential roadway, State Project No. 080-101, PE-100. RECOMMENDED ACTION: Receive and file. 4 C-7 C-8 Qualification of Mr. Robert B. Manetta as a member of the Architectural Review Board, for a term ending October 1, 1995. RECOMMENDED ACTION: Receive and file. Qualification of Mr. Charles W. Hancock as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term of one year ending November 11, 1992. RECOMMENDED ACTION: Receive and file. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: None. PETITIONS AND COMMUNICATIONS: None. REPORTS OF OFFICERS: A. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: 5 A report recommending that a public hearing be scheduled for Monday, January 13, 1992, to consider an amendment to the 1991-92 Community Development Block Grant Statement of Objectives, and to reactivate and designate existing Community Development Block Grant funds for the Private Rehabilitation Loan Program and the Vacant Lot Homesteading Program. Concurred in recommendation. A report recommending appropriation of additional funds, in the amount of $101,317.00, allocated by the State Department of Social Services, for the purchase of child care services for eligible low-income citizens. Adopted Budget Ordinance No. 30822-121691. (6 O) A report recommending execution of two contracts with the Salvation Army for payment of services delivered by the organization's Abused Women's Program and Homeless Program to the citizens of the City. Adopted Resolution No. 30823-121691. (6-0) 6 e A report recommending issuance of Change Order No. 1 to the contract with H & S Construction Company, in the amount of $12,607.03, for additional improvements to Airport Road and Towne Square Boulevard, N. W. Adopted Ordinance No. 30824-121691. (6-0) A report recommending execution of an agreement with The Chesapeake and Potomac Telephone Company of Virginia authorizing the City to install, maintain and remove signs, flags and holiday decorations on or from utility poles owned by C & P. Withdrawn. e A report recommending award of an engineering services reimbursement contract to Mattem & Craig, Inc., in the amount of $200,000.00, for preparation of plans and specifications for utility and roadway design and site grading at the Roanoke Centre for Industry and Technology addition; and appropriation of funds therefor. Adopted Budget Ordinance No. 30825-121691 and Resolution No. 30826--121691. (6-0) 7 ,, A report concurring in a report of a bid committee recommending acceptance of the bid submitted by Southem Salt Company, Inc., to supply 1,000 tons, more or less, of deicing salt, for the total amount of $41,800.00. Adopted Resolution No. 30827-121691. (6 0) 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF Ordinance No. 30810, on second reading, amending certain proffered conditions to the rezoning of a tract of land located on Belle Avenue, N. E., described as Lots 6 - 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320116 - 3320137, inclusive. Adopted Ordinance No. 30810-121691. (6-0) Ordinance No. 30811, on second reading, rezoning a tract of land lying on Belle Avenue, N. E., described as Lots 6 - 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated 8 as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320116 - 3320137, inclusive, from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 30811-121691. (6 0) Ordinance No. 30812, on second reading, permanently vacating, discontinuing and closing two specific portions of Thirlane Road, N. W. Adopted Ord'mance No. 30812-121691. (6 0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Be Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTItER HEARINGS OF CITIZENS: NONE. CERTIFICATION OF EXECUTIVE SESSION. (6 0) Appointed the following persons: Timothy M. Lewis - Youth Services Citizen Board 9 Mary Sue Rubeiz - Roanoke Neighborhood Parmership Steering Committee Bonnie Sue Steele - Special Events Committee Ann L. Weinstein - Roanoke Arts Commission Reappointed Robert L. Lynn - Mental Health Services Board The Mayor designated Wendell H. Butler as Chairperson of the Citizens Task Force To Study Alternative Election Procedures For City Council. 10 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 December 19, 1991 SANDRA H. EAKIN Deputy City Clerk File #178-166 Mr. William White, Sr., Chair Mr. William F. Clark Mr. George C. Snead, Jr. Committee Gentlemen: The following bids for demolition of a structure and removal of asbestos containing material at 416 Gainsboro Road, N. W., were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991: BIDDER BASE BID TOTAL Alan L. Amos, Inc. HICO, Inc. $37,620.00 $89,979.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recommendation to Council. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Wilburn C. DibLing, Jr., City Attorney NOEL C. TAYLOR Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, V'u'ginia 24011 Telephone: (703)981-2444 December 16, 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. Sincerely, NCT: se ~21 DSr~ 11 ~!0 '.07 Roanoke, Virginia December 16, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: I request an Executive Session to discuss the use of real property for public purpose, specifically potential additional users of the Smith Gap Landfill in Roanoke County and Transfer Station in Roanoke City, in accordance with Section 2.1-344(A)(3) of the Code of Virginia (1950), as amended. WRH:KBK:afm cc: City Attorney Director of Finance Director of Utilities & Operations Respectfully submitted, W. Robert Herbert City Manager · MARY F, PARKER City Clerk CITY OF ROANOKE. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, V'uginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDi~ H. EAKIN Deputy City Clerk File #137-467 Mr. Finn D. Pincus, Chair Roanoke City School Board 1116 Winchester Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Pincus: I am enclosing copy of a communication from Council Member David A. Bowers requesting that the Roanoke City School Board appoint a representative to City Council's Legislative Committee, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. On motion, duly seconded and adopted, the matter was referred to you with the request that the Chairman and/or the Roanoke City School Board appoint a representative to the Legislative Committee. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William X Parsons, Assistant City Attorney Dr. Frank P. Tota, Superintendent of Schools, P. O. Box 13145, Roanoke, Virginia 24031 Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Noel C. Taylor Mayor Howard E. Musser Vice-Mayor CITY OF CITY COUNCIL 215 Chu h S.W., Roanoke, Virginia 24011 Telephone: (703) 981-2541 Council Members: David A. Bowers Elizabeth T. Bowles Beverly T. Fitzpatrick, Jr. James G. Harvey, II William White, Sr. December 4, 1991 Honorable Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: At our special meeting held on Monday, December 2, 1991 Councilman Jimmy Harvey made an excellent suggestion that one of the members of the School Board should be asked to serve on Roanoke City Council's Legislative Committee. I concur. Accordingly, I have asked that this matter be placed on the consent agenda for the next meeting of our City Council and would respectfully request that the issue then be forwarded to Mr. Finn Pincus, School Board Chairman, requesting that he and/or the School Board appoint a representative to the City Council's Legislative Committee. Should you have any questions regarding this, please do not hesitate to contact me. -- David A. Bowers, Chairman Legislative Committee DAB/dlf December 16, 1991 The Honorable Mayor Noel C. Taylor Members of City Council Roanoke, Virginia Mayor and Members of Counci: SUBJECT: STATUS OF THE MAYOR'S STATE OF THE CITY 1991 - RECOMMENDATION #1 (LITERACY) I. BACKGROUND Durin9 his 1991 State of the City Address~ Mayor Noel C. Taylor called for the City to "make an all-out etfort and call upon our citizens from throughout the community to volunteer with these programs (reference to the Literacy Foundation of the Roanoke Valley) to help teach someone to read." City Council voted to refer the recommendations cited in the 1991 State of the City address to the City Manager for further review and consideration. Local literacy professionals estimate that 12 to 18 percent of the population in Roanoke Valley is functionally illiterate. The Literacy Volunteers of America - Roanoke Valley (LVA-RV), a non-profit agency established in 1988, coordinate the literacy efforts in Roanoke. LVA utilizes the resources of trained volunteers to provide one-on-one reading instruction to adults who want to improve their reading abilities. E. Roanoke City Public Libraries work cooperatively with LVA-RV to promote its mission in the community through: 1. The utilization of public library facilities for tutor training and one-on-one instruction; 2. referral of interested citizens for tutorial assistance or volunteer information, and; 3. collection of special materials for new adult readers. Fo In addition to LVA-RV initiatives, in 1988, the City Library established the "City Employee Literacy Program" to provide city employees the opportunity to enhance their reading and to provide incentives for other employees to serve as tutors. The two-year program was funded through a grant from the Virginia State Library. The Library contracted with LVA-RV for administrative and support services. City employees who volunteer to tutor receive compensatory time for 23 hours of tutor training and up to 50 hours of time spent with a city student. 3. City employees who are literacy students are allowed up to 50 hours of compensatory time. 4. Thirty-four city employees were trained as tutors and 19 city employees received/or are receiving tutorial assistance. II. CURRENT SITUATION Literacy Volunteers of America - Roanoke Valley has served 585 people during its first five years of service (July 1986 - July 1991). B. Currently 100 valley residents are involved in one-to-one tutoring with LVA-RV volunteers. LVA-RV encourages increased community involvement in the promotion of literacy through national television spots, local radio spots, billboards, and a speaker's bureau. A listing of materials available through LVA-RV and other local educational organizations are being compiled and will be available from City Libraries in the near future. The City Employee Literacy Program continues utilizing the resources of previously trained volunteers at no additional cost to the City. III. CONCLUSION The Literacy Volunteers of America - Roanoke Valley Chapter, in cooperation with Roanoke City Libraries, is successively coordinating and facilitating community involvement to help people improve their reading skills. In addition to meeting its primary objective of improving city employees reading skills, the City Employee Literacy Program can serve as a model for businesses and agencies throughout the community. It is recommended that Council and City administrators emphasize and encourage full utilization of this program by employees. While much has been accomplished both locally and nationally, the challenge remains. Individuals, groups, business and local governments must work hard to promote the initiatives of LVA-RV and the City Library to insure that every city resident can read to the highest degree of their ability. Respectfully submitted, W. Robert Herbert City Manager WRH/DSN:gr CC: Wilburn C. Dibling Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources The Honorable Mayor Noel C. Taylor Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: December 16, 1991 STATUS OF THE /'IAYOR'S STATE OF THE CITY 1991 - RECOf~IENDATION #2 II. I. BACKGROUND During his 1991 State of the City Address7 Mayor Noel C. Taylor called for the City to "continue to emphasize the establishment of jobs for our citizens, and just as importantly, to assure that education and training programs are in place that will prepare all of our citizens for meaningful work within their capabilities." City Council voted to refer the recommendations cited in the 1991 State of The City Address to the City Manager for further review and consideration. CURRENT SITUATION A. Within the last 10 years~ federal funds allocated to the City for employment and training have decreased from $15 million in 1980 to $1 million in 1991. B. The location of new businesses and industries in Roanoke is encouraged, thereby creating jobs and opportunities for citizen participation in the economic mainstream. C. While federal and state public resources have been reduced~ there are valuable public and private resources working together in Roanoke City to provide quality education and vocational skill development. Educational institutions such as Roanoke City Public Schools, Virginia Western Community College, ECPI, National Business College and Virginia College prepare our residents for the challenges and demands of the marketplace by offering secondary and post secondary curriculum to meet individual vocational goals and business needs. The Fifth District Employment and Training Consortium (FDETC), under the direction of the Office of the Director of Human Resources, will serve an estimated 574 city residents to develop their skills thus increasing their employability. FDETC staff estimate that 60 percent (excluding those participating in the Summer Youth Program) will acquire meaningful, appropriate employment. At the same time, FDETC designs strategies to meet the needs of business and industry. The activities of FDETC are developed and coordinated with local schools and agencies such as Total Action Against Poverty, Scheneman & Spencer, College of Health Sciences, Dominion Business School, and Virginia Hair Academy. Fo It should be noted that not all citizens participate fully or successfully in these institutions and may be ill prepared to manage a positive and independent lifestyle. Human and economic conditions of poverty and special needs present barriers to educational and vocational skill development. III. CONCLUSION Ao Our community needs to maintain and enhance a comprehensive system of secondary education, adult education, re-training, and vocational services. The City must seize and utilize available resources including both private and public. The healthy interaction of the public and private sectors fosters a responsiveness to needs necessary for success. Educational, business, and vocational providers must continue to identify available resources to deliver quality programs to our citizens. Respectfully submitted W. Robert Herbert City Manager WRF/DSN:gr cc: Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources · MARY F. PARKER City Clerk CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke. V~rgiuia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRA H. EAKIN Deputy CiVg Clerk File 4/66-77 Ms. Kay J. Kaplan 4862 Old Mountain Road, N. E. Roanoke, Virginia 24019 Dear Ms. Kaplan: Your communication transmitting petitions signed by residents of the Read Mountain, N. E. area, expressing opposition to construction of the VDOT Circumferential roadway, State Project No. 080-101, PE-100, was before the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. On motion, duly seconded and adopted, the communication and petitions were received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Dear Mary F. Parker, Please see that this letter is read, into the minutes, if possible; and these petitions are presented at the same time to the members of Roanoke City Council.On behalf of the residents. Sincerely yours, Kay J. Kaplan 4862 Old Mountain Road Roanoke, Va. 24019 563-2984 December 9,1991 Dear Members of the Roanoke City Council, We the residents of N. E. Roanoke, Read Mountain Area; ask for your support, of our NO BUILD position of the VDOT CIRCUMVENTIAL ROADWAY, STATE PROJECT NO. 080-101, PE-100. We recommend; upgrading the existing roadways, to alleviate traffic. We are opposed for many reasons including the following: 1. This project, because of an undetermined start date, will put our property in an undesirable status; unable to sell, and devaluing our homes. 2. Our residential areas, will become a highly traveled truck route, with added pollution, noise and environmental hazards. 3. READ MOUNTAIN-side will be cleared to make-way for a pleasing view, of a FOUR-LANE HIGHWAY, complete with a retaining wall!!!! Please be advised these petitions have been delivered to House Delegates, A. Victor Thomas,and C. Richard Cranwell. VDOT also, has heard from our area. We will vigorously pursue, our rights against this proposal, and hope after careful consideration, you will join us with your support. Sincerely yours, Concerned Citizens of Roanoke City Prepared by, Kay J. Kaplan, 4862 Old Mountain Rd. City 24019 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. s.w., Room 450 Roanoke, Vir/inia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRAH. EAKIN Deputy CityClerk File #15-249 Mr. W. L. Whitwell, Chair Architectural Review Board 1255 Keffield Street, N. W. Roanoke, Virginia 24019 Dear Mr. Whitwell: This is to advise you that Mr. Robert B. Manetta has qualified as a member of the Architectural Review Board, for a term ending October 1, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Ms. Evelyn S. Gunter, Secretary, Architectural Review Board COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the ~ecords thereof, do hereby certify that at a regular meeting of Council held on the eighteenth day of November, 1991, ROBERT B. MANETTA was elected as a member of the Architectural Review Board for a term endtn~ October 1, 1995. Given under my hand and the seal of the City of Roanoke this twenty-first day of November, 1991. : City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vh'ginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRA H. EAKIN Deputy City Clerk File #15-488 Ms. Barbara N. Duerk, Chair Roanoke Neighborhood Partnership Steering Committee 2607 Rosalind Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Duerk: This is to advise you that Mr. Charles W. Hancock has qualified as a member of the Roanoke Neighborhood Partnership Steering Committee, for a term ending November 11, 1992. Sincerely, ~O.~.2-~ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Ms. Stephanie A. Cicero, Coordinator, Roanoke Neighborhood Partnership COMMONWEALTH OF VIRGINIA ) ) To-wit CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the eighteenth day of November, 1991, CHARLES W. HANCOCK was reelected as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of one year endtnK November 11, 1992. Given under my hand and the seu~ ~f the City of Roanoke this twenty-firet day of November, 1991. City Cler.~ 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 December 19, 1991 File #178-236-200 SANDRA H. EAKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending that a public hearing be scheduled for Monday, January 13, 1992, to consider an amendment to the 1991-92 Community Development Block Grant Statement of Objectives, and to reactivate and designate existing Community Development Block Grant funds for the Private Rehabilitation Loan Program and the Vacant Lot Homesteading Program, was before the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, ~O.-~/~_~ Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Mr. John S. Asbury, Assistant Vice President, Sovran Bank, 302 S. Jefferson Street, Roanoke, Virginia 24011 Ms. Melody S. Williams, Executive Vice President, Roanoke Regional Home Builders Association, 1626 Apperson Drive, Salem, Virginia 24153 Mr. William S. Hubard, Habitat for Humanity in the Roanoke Valley, 2202 Carter Road, S. W., Roanoke, Virginia 24015 Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Mr. Joel M. Schlanger, Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. H. Daniel Pollock, Housing Development Coordinator Ms. Marie T. Pontius, Grants Monitoring Administrator CiTY ] ' ~o~orable ~or ~ ~em~ers ~o~ao~e, V±rg±a±a of Council Roanoke, Virginia December 16, 1991 Dear Members of Council: Subject: Request to set Public Hearing on January 13 regarding modification of CDBG Statement of Objectives (Budget) I. Background 1991-92 CDBG Statement of Objectives contains no funding for two programs which have been offered in past years, specifically: 1. The Private Rehabilitation Loan Program -- a cooperative program involving local lenders, the Redevelopment and Housing Authority, and the City, to encourage homeownership and housing rehabilitation. a. Local lenders buy a mortgage revenue bond issued by the RRHA (i.e. the lenders loan funds to RRHA); b. RRHA makes loans from these funds to either homeowners wishing to renovate their homes, or to households wishing to buy a home and renovate it; c. City deposits a sum of cash from its CDBG funds into a loan loss reserve account, to reduce the risk of the lenders losing their funds in the event of defaults; and pays the staff expenses of the RRHA to administer the Program. The Vacant Lot Homesteading Program -- a program which, among other things, reimburses builders of new housing in older neighborhoods for certain costs, including: a. Cost to buy vacant lot b. Building permit fees c. Utility hook-up fees d. Site DreDaration costs e. Customary costs o__f development and sale, e.g. appraisals, surveys, legal fees. Programs were not aDDroved for funding within the initial FY 91-92 CDBG budget due in part to slow demand for the programs and other higher priority needs for the CDBG funds available. II. Current Situation Developments over the last 6 months suggest that consideration be given to reactivating the two programs noted above. 1. Renewed interest indicate a likely demand for the benefits of the programs. December 16, 1991 Page 2 2. Additional program income of CDBG funds currently undesignated has been received and is available to fund reactivation of the programs, with a small reallocation of funds from existing on-going programs. Significant additional housing funds ($756,000) are expected to be received from the new HOME program in the spring/summer of 1992. Appropriation of CDBG funds to reactivate the programs requires a public hearing and a formal amendment to the City's CDBG budget. III. Issues A. Compliance with legal requirements B. Impact on community development objectives C. Cos__t t__o th__e City D. Timing IV. Alternatives Schedule a public hearing for January 13 to consider amending the 1991-92 CDBG Statement of Objectives (budget) to reactivate and designate existing CDBG funds for the Private Rehabilitation Loan Program and the Vacant Lot Homesteading Program, both on terms to be developed prior to the public hearing. Compliance with legal reguirements would be met by scheduling, advertising and holding a public hearing prior to allocating CDBG funds to programs not currently in the Statement of Objectives. Impact on community development objectives would be positive by reactivating the programs in question. However, scheduling and holding a public hearing to consider modifying the Statement of Objectives would not obligate Council to reactivate and designate funds for the programs. Cost to the City for scheduling the public hearing would be the cost of placing the legal notice. If Council decides to reactivate the programs, the funds required would come from existing CDBG funds, some currently allocated to other programs, some from undesignated accounts. Timing is such that approving scheduling of the hearing at this time would allow the hearing to be held January 13, and the Rehabilitation Loan Program and the Vacant Lot Homesteading Program to begin shortly thereafter. December 16, 1991 Page 3 Do not schedule a public hearing for January 13 to consider amending the 1991-92 CDBG Statement of Objectives (budget) to reactivate and designate existing CDBG funds for the Private Rehabilitation Loan Program and the Vacant Lot Homesteading Program. Compliance with legal requirements would not be an issue, as existing approved Statement of Objectives would remain in effect. However, the subject programs could not be implemented. Impact on community development objectives would remain as is with the current Statement of Objectives. However, the opportunity to facilitate homeownership, rehabilitation, and infill construction in targeted neighborhoods this spring and summer would be lost. 3. Cost to the City would be nothing. 4. Timing would not be an issue. V. Recommendation Concur in Alternative A, thereby scheduling ~ public hearing for January 13 to consider amending the 1991-92 CDBG Statement of Objectives (budget) to reactivate and designate existing CDBG funds for the Private Rehabilitation Loan Program and the Vacant Lot Homesteading Program, both on terms to be developed prior to the public hearing. Respectfully~ ~~submitte~ W. Robert Herbert City Manager WRH/HDP/hdp (cdbghear) cc: Director of Finance City Attorney Director of Public Works Building Commissioner Housing Development Coordinator Grants Monitoring Administrator Executive Director, RRHA John C. Asbury, Assistant Vice President, Sovran Bank Melody S. Williams, Executive Vice President, Roanoke Regional Home Builders Association William Hubard, Habitat for Humanity in the Roanoke Valley · MAI~ F. PARLOR City Clerk CITY OF ROANOKF. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Vh-ginia 24011 Telephone: (703)981-2541 December 19, 1991 File #60-72 SANDRA H. EAKIN Depu VI Cit~ Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Sehlanger: I am attaching copy of Ordinance No. 30822-121691 amending and reordaining certain sections of the 1991-92 Generel Fund Appropriations, providing for appropriation of $101,317.00 to Social Services - Day Care Services, in connection with purchase of child care services for eligible low-income citizens. Ordinance No. 30822-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: Mr. W. Robert Herbert, City Manager Mr. James D. Ritchie, Director, Human Resources Ms. Corinne B. Gott, Manager, Social Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th Day of December, 1991. No. 30822-121691. AN ORDINANCE 1991-92 General emergency. to amend and reordain certain sections of the Fund Appropriations, and providing for an WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Health and Welfare Social Services - Services (1) .................. $14,579,834 6,409,122 Revenue Grants-in-Aid Commonwealth Welfare (2) ..................................... 1) Day Care Services (001-054-5314-3159) $ 101,317 2) Day Care (001-020-1234-0686) 101,317 $52,832,496 8,932,904 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. December 16, 1991 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Member of Council: SUBJECT: REQUEST FOR ADDITIONAL CHILD CARE FUNDS I. BACKGROUND Child Care and Development Block Grant provides for subsidized child care to eligible low-income parents who are working or in other training activities. Roanoke City's Day Care Plan also makes it possible for residents of domestic violence shelters and proqrams to be provided child care services. The State Department of Social Services has. since thn adoption of the F/Y 91-92 budqet, allocated $101,317 in additional funds for purchase of child care services. Local Department of Social Services is reimbursed at 100% of cost of funds allotted. III. ISSUES A. Funding, B. Services to famllieA. IV. ALTERNATIVE Appropriate revenue of $101,317 for child care services for eligible citizens. Fundinq is 100% reimbursed by the State Department of Social Services and is available at the State budget level. S rvi e t families - children will be provided child care while their parents are working or during crises within family units, B. ~ revenue to provide for child care services. Page Two CC 1. FundinR - Not an issue. Services to Families - Children will not be provided appropriate care while their parents are working and dealing with family crisis. V. RECOMMENDATION City Council concur in the imolementation of Alternative and increase Revenue estimate of funds received from the State Department of Social Services Account #001-020-1234-0686 and corresponding increase in Expenditure Account #001-054-5314- 3159 by 2101,317. Respectfully submitted. W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources Corinne B. Gott, Superintendent of Social Services · MARY F. PARKER City Clerk CITY OF ROANOKi . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRAH. EAI(IN Deputy CltyClerk File #145 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30823-121691 authorizing you to enter into two contracts with The Salvation Army for payment of services delivered by the Abused Women's Program, in the amount of $12,600.00, and the Homeless Program, in the amount of $10,000.00, to citizens of the City. Resolution No. 30823-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. James D. Ritchie, Director, Human Resources MARY F. PARKER City Clerk CITY OF ROANOKE. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, ~rn~inla 24011 Telephone: (703)981-2541 December 19, 1991 SANDI~A H. EAKIN Deputy City Clerk File//145 Captain H. Dean Hinson, Commander The Salvation Army 724 Dale Avenue, S. E. Roanoke, Virginia 24013 Dear Captain Hinson: I am enclosing copy of Resolution No. 30823-121691 authorizing the City Manager to enter into two contracts with The Salvation Army for payment of services delivered by the Abused Women's Program, in the amount of $12,600.00, and the Homeless Program, in the amount of $10,000.00, to citizens of the City. Resolution No. 30823- 121691 was adopted by the Council of the City of Roanoke at a ~egniar meeting held on Monday, December 16, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30823-121691. A RESOLUTION authorizing the City Manager to enter into two contracts with the Salvation Army for payment of services delivered by the organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are hereby authorized on behalf of the City to execute, seal and attest, respectively, the requisite contracts, in form approved by the City Attorney, with the Salvation Army for payment of services delivered by said organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke, such services being more particularly set forth in report of the City Manager dated December 16, 1991, and the attachments thereto. 2. The maximum compensation to the Salvation Army under the contracts authorized by this resolution shall be $22,600.00 divided as follows: (a) $12,600.00 for the Abused Women's Program, and (b) $10,000.00 for the Homeless Program. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: CONTRACT WITH THE SALVATION AP~4Y A :17 Roanoke, Virginia December 16, lggl II. III. IV. I. BACKGROUND Salvation Army applied through the Citizens Services Committee for City funds as follows: 1. $16,500.00 to operate a program for the homeless. 2. $21,000.00 to operate a shelter for battered women. City Attorney, through a written opinion, dated April 23, 1986, stated that the City may contract with The Salvation Army, a church, or sectarian institution, as long as the contract is for the care of indigent sick or injured persons, and payment of City funds under any contract does not exceed the fair market value of services rendered. Citizens Services Committee recommended an appropriation of $22,600.00 for Fiscal Year 1991 - 1992 to be used for either program, and City Council concurred in the recommendation. Salvation Army requests that the $22,600.00 be divided between the Abused Women's and Homeless Programs as follows: 1. $12,600.00 for the Abused Women's Program. 2. $10,000.00 for the Homeless Program. CURRENT SITUATION City Manager requests authorization from City Council to execute two contracts approved by the City Attorney with The Salvation Army for the payment of services provided to City citizens under the Abused Women's and Homeless Programs (see attached). ISSUES A. Services to City citizens. B. Legal. C. Funding. ALTERNATIVES A. City Council authorize the City Manager or his designee to execute two contracts approved by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's Program and the Homeless Program. Services to City citizens. The Salvation Army will continue to provide services, including shelter, food, safety, counselling, and referrals to community resources to the homeless and abused women and children. Legal. Approval of the contracts will ensure compliance with the City Attorney's opinion that a contract is the only way the City can reimburse for the services. Funding. $22,600.00 has been appropriated by City Council June 17, 1991, Ordinance #30567-61791, and is available in account #001-054-5220-3752. City Council not authorize the execution of two contracts approved by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's and Homeless Programs for City citizens. 1. Services to City citizens. The Salvation Army may have insufficient funds to provide needed services for the homeless and abused women and children. Legal. Services to the City's homeless and abused women and children could not be funded because, in the opinion of the City Attorney, the City is prohibited from appropriating a direct contribution. 3. Funding. Not an issue. V. RECO~ENDATION City Council concur in the implementation of Alternative A and authorize the City Manager to execute two contracts approved by the City Attorney with The Salvation Army for the payment of services delivered by the Abused Women's and Homeless Programs. Respectfully submitted, W. Robert Herbert City Manager WRH/JDR/gr Attachment cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance James D. Ritchie, Director of Human Resources CITY OF ROANOKE DEPARTMENT OF HUMAN RESOURCES Abused Women's Program Contract CONTRACTOR CITY AGENCY CONTRACT PERIOD The named parties hereby enter into agreement, subject to the terms and conditions stated herin. The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 City of Roanoke Department of Human Resources 215 West Church Avenue, S.W. Roanoke, Virginia 24011 July 1, 1991 through June 30, 1992 I. COMPLETE DESCRIPTION OF SERVICES Contractor agrees to: Provide beds for battered women and their dependent children who are City residents during the period covered by this contract. Provide vocational guidance, individual counseling, and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. Provide requested reports to the Department of Human Resources, which will include: 1. Information on services given. 2. Number of City residents served. Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. 4. Reports as required by the monitoring staff of the Citizens Services Committee. Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. III. IV. Provide ~ooperation and compliance with the direction of the Director of Human Resources and other authorized City officials. Provide the Department of Human Resources with specific and measurable program objectives to be accomplished during this contract period, II. COMPENSATION AND SCHEDULE OF PAYMENTS CITY The City of Roanoke agrees during this contract period to pay the Contractor $25.00 per family per day for City residents up to a total not to exceed $12,600.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. LIABILITY The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation, including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. B. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. C. Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Resources while performing under this agreement. NON-DISCRIMINATION During the performance of this contract, the Contractor agrees as follows: VI. The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. Bo The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that-such Contractor is an equal employment opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. V. GENERAL PROVISIONS Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. CANCELLATION CLAUSE This contract shall remain in full force and effect until cancelled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Resources, Room 356, 215 West Church Avenue, S.W., Roanoke, Virginia 24011 in the case of the City; and to the Captain, The Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. Co If this action is taken, the Director of Human Resources will notify the program in writing by certified mail. Vll. RELIGIOUS ORGANIZATION It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and ~ , 1991. CITY OF ROANOKE City Manager THE SALVATION ARM~/ AQ~m)Q~nON (~ER TRI~AS~RER A POSITION STATEMENT Any agency, gov~t or private, which enters into contract with Salvation Army, should clearly understand that The Salvation ArnTy is an in- ternational religious and charitable mcve~.~ent ore,n/zed and operated on a quasi-military pattern and is a branch of the Christian C~urch. All programs of ~he Sa/ration Army are under the supervision and control of Salvation A_~, officers %.~o are n~-n/sters of the Gospel. The primary object/ye of ~he Salvation Am5, is to help men and ~ ~=cover for th~nselves that God is their Heavenly Father and that through fa/th in Jesus C~rist the mistakes of their past can be forgiven and a ne~, life of right relationships with God and their fellc~_~n can begin~ Th/s, we believe, is the supreme rehabilitation which encc~asses and includes all lesser rehabilitations. However, it should ~]~o be clearly understood that The Sal%ration Army's vast practical m/nistry of providing food, shelter, health servioes, counsel- lng and the whole gamut of aid, is given unreservedly to needy men and ~ simply because they are needy. We do not give them help as ~ kind of desperate bribe to make the~ into ~]%ristians. ~"nat would not only be despicable; it would he a failure. Practica/ aid is given regardless of a person's race, color, creed - or lack of it. If a needy person rejects the Army's gospel, the Army does not reject him or her. Therefore, agencies with any qualms lest they breach the dividing line tween church and state by cc~tracting with ~he Salvat/on Arno, should both take heed ar~ take ccmfort. They will be in contract with an organization which, in. with the majority of philanthropic underta)dngs in the world, born out of (31ristian c~assion and wh/ch unhesitatingly accepts Christ's werds, "Without me ye can do nothing." ~]ey can be cer~m~n that if their contract is for provision to help n~et physical need and physical r_~cd on/y, the very sam~ (hristian eth/c which motivates The Salvation Army is guarantee that the contract ~rill be scrupulously observed. - January 12, 1982 CITY OF ROANOKE DEPARTMENT OF HUMAN RESOURCES Homeless Program Contract CONTRACTOR CITY AGENCY CONTRACT PERIOD The named parties hereby enter into agreement, subject to the terms and conditions stated herin. The Salvation Army P. O. Box 1631 Roanoke, Virginia 24008 City of Roanoke Department of Human Resources 215 West Church Avenue, S.W. Roanoke, Virginia 24011 July 1, 1991 through June 30, 1992 I. COMPLETE DESCRIPTION OF SERVICES Contractor agrees to: Provide beds for men, women, and their dependent children who are City residents during the period covered by this contract. Provide food, shelter, vocational guidance, individual counselling, and job placement assistance to a program monitored by the Department of Human Resources to individuals placed in the program as a result of this contract. C. Provide requested reports to the Department of Human Resources, which will include: 1. Information on services given. 2. Number of City residents served. o Assurance that verification is on file that residents for whom the City of Roanoke is billed were residents of the City of Roanoke prior to entering the shelter. 4. Reports as required by the monitoring staff of the Citizens Services Committee. Provide written documentation that the physical facility is in compliance with all state and local fire, health, building, and other relevant codes. II. III. E. Provide cooperation and compliance with the direction of the Director of Human Resources and other authorized City officials. F. Provide the Department of Human Resources with specific and measurable program objectives to be accomplished during this contract period. COMPENSATION AND SCHEDULE OF PAYMENTS A. The City of Roanoke agrees during this contract period to pay the Contractor $20.00 per day per bed for City residents up to a total not to exceed $10,000.00 in total for the year for services under the conditions set forth herein. Payments will be made upon receipt of a properly executed and approved invoice on a monthly schedule. Contractor shall submit such invoice at the end of each month. B. The City of Roanoke reserves the right to withhold funds for services if it is determined that the services identified in Section I of this contract are not being provided in a professional, acceptable manner. LIABILITY CI1)' IV. The Contractor acknowledges that the City of Roanoke shall not be responsible for any actions of Contractor's employees or designated representatives of the program. In the event of any litigation which may arise as a result of the Contractor's operation of this program, the Contractor agrees to assume the risk and/or liability for the cost of any such litigation including, but not limited to, payment of damages or attorney fees to the plaintiff and hold the City of Roanoke harmless therefrom. The Contractor also acknowledges and agrees that it will provide its own legal representation and bear the cost of the same. The Contractor also acknowledges and agrees that the City shall not be obligated to provide insurance coverage, either commercially or self supplied for the Contractor. B. Nothing contained herein shall be deemed an expressed or implied waiver of the sovereign immunity of the City of Roanoke. C. Neither the Contractor, its employees, assigns, or subcontractors shall be deemed employees of the City of Roanoke or of the Department of Human Resources while performing under this agreement. NON-DISCRININATION During the performance of this contract, the Contractor agrees as follows: The Contractor will not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, sex, disability, or national origin, except where religion, sex, disability, or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this non-discrimination clause. The Contractor in all solicitations or advertisements for employees placed by or on behalf of the Contractor will state that such Contractor is an equal employment opportunity employer. Co Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of A and B above. GENERAL PROVISIONS Ao Nothing in this contract shall be construed as authority for either party to make commitments which bind the other party beyond the scope of this contract. VI. CANCELLATION CI~USE This contract shall remain in full force and effect until cancelled by either party giving the other party 30 days written notice of cancellation. Any such notice of cancellation shall be in writing and sent by certified mail (return receipt required) to the City of Roanoke, Director of Human Resources, Room 356, 215 West Church Avenue, S.W., Roanoke, Virginia 24011 in the case of the City; and to the Captain, The Salvation Army, P. O. Box 1631, Roanoke, Virginia 24008 in the case of The Salvation Army. No payment will be made for expenses incurred or services rendered after receipt of notice except those expenses incurred prior to date of termination that are necessary to curtailment of operations under this contract. The Contractor is hereby informed that failure to comply with any of the above conditions shall constitute grounds upon which the City of Roanoke may terminate this contract and/or discontinue payments after 30 days notice to the Contractor. Co If this action is taken, the Director of Human Resources will notify the program in writing by certified mail. VII. RELIGIOUS ORGANIZATION Ao It is recognized that the Salvation Army is a religious organization, and as such, agrees that religious programs and orientation shall not be mandated for residents, but may be made available at the resident's request. No such program or orientation will be funded in whole or in part with funds provided pursuant to this contract. IN WITNESS WHEREOF by the following signatures and seals the City of Roanoke and .~//~--d ay The Salvation A~my have executed this contract as of this of CITY OF ROANOKE City Hanager THE SALVATION ARI~Y (Title) w~¥~xui, iuvi:l{ 'l'ai;A,sul~ A POSITION STATEMENT ~.ny a3e-ncs,, governme~nt or private, wb_ich enters into contract ~,ith S~lvation Ar~., should clearly understand t3~t ne Salvation AzTv? is ~n in- %arnational religious and chm/itable tooThache_ut or~an/ze5 ~nd operated on a qaa~i-military pattern and is a branch of the C~%rist/~n Church. all progra,~s of ne s~lvation Ar~ are under the s~peruision and control of Salvation ~.~r...- officers %.~ are n~-~iste~-s of the 5%~e primary objective of ~he Salvation Arr~e, is to help m~n and_ discover for th~nselves that God is their Meaver2y Father and t~hat t~h_rough faith in Jesus Christ the mistakes of theJ_r past c~n be forgiven and a ne~' life of right relationships with God and theJ_r fell~.n~n c~n be~in. This, w~ believe, is ~he supreme rehabilitation ~fnich encu~a~ses ar~ includes all lesser rehabilitations. Mowever, it should a~o be clearly understood that ~he Salvation Army's vast practical ministry of providing food, s3~lter, health servioes, counsel- ing and the whole gamut of aid, is given unreservedly to need5, ~ and w~ve_n simply because they ere needy. We do not give the~ help as sc~ne kind of desperata bribe ~o make th~n, into Christians. ~'nat would not om_ly be despicable; it would be a failure. Practical a/d is given regardless of a person's race, color, creed - or lad< of it. If a needy person rejects the Army's gospel, the Ar~=. does not reject him or her. ~herefore, agencies with any qualms lest they breach the dividing line be- tween church and state by contracting %~ith ~e Salvation Arm3,, should both ~ake heed ar~ take ccrnfort. ~hey will he in contract with an org~n/zation ~f~ich, in. with the majority of philanthropic underta)~ngs in the world, born out of C~%ristian ccmpassion ~nd ~.~/ch ~nhesitatingly accepts Christ's words, "Without m~ ye c~n do ~]ey can be (m_r+~{n that if their contract is for provision to help ~et physical need and physical need only, the very same f~ristian ethic which motivates ~he Salvation Am5, is guarantee ~_hat ~-he contract will be scrutx~lously observed. - Ja~y 12, 1982 MARY F. PARKER Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V~rginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRA H. EAKIN Delmty City Clerk File #9-207-514-77 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30824-121691 approving issuance of Change Order No. 1 to the City's contract with H & S Construction Company, for street improvements to Airport Road at Towne Square Shopping Center, in the amount of $12,607.03, for a total contract amount, including Change Order No. 1, of $108,075.94. Ordinance No. 30824-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, V'trginia 24011 Telephone: (703)~81-2S41 December 19, 1991 SANDRA H. F..AKIN Deputy City Clerk File #9-207-514-77 Mr. George M. Gee, President H & S Construction Company P. O. Box 6226 Roanoke, Virginia 24017 Dear Mr. Gee: I am enclosing copy of Ordinance No. 30824-121691 approving issuance of Change Order No. 1 to the City's contract with H & S Construction Company, for street improvements to Airport Road at Towne Square Shopping Center, in the amount of $12,607.03, for a total contract amount, including Change Order No. 1, of $108,075.94. Ordinance No. 30824-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely , Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30824-121691. AN ORDINANCE approving the City Manager's issuance of Change Order No. 1 to the City's contract with H. & S. Construction Company, for street improvements to Airport Road at Towne Square Shopping Center; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. ! to the City's contract with H. & S. Construction Company for street improvements to Airport Road at Towne Square Shopping Center project, as more fully set forth in report to this Council dated December 16, 1991. 2. Such Change Order shall provide for the following changes in the work to be performed: ORIGINAL CONTRACT AMOUNT CHANGE ORDER NO. ]: Addition of sidewalk, concrete entrance, drop inlet to correct drainage problem, related work involving additional excavation, stone, and pavement CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 Additional time required for Change Order No. 1 $ 95~468.91 12~607.03 108,075.94 None. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY -'~ ~:' .... Roanoke, Virginia December 16, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Change Order No. 1 Towne Square, Airport Road Improvements I. Backqround: II. Improvements to Airport Road, N.W. and Towne Square Boulevard, N.W. were originally required as a part of the Towne Square Joint Venture Subdivision. The subdivider, Towne Square Joint Venture, failed to install the subject improvements and appropropriate action was taken by the City to draw upon the Letter of Credit in the amount of One Hundred and Fifty Thousand Dollars ($150,000.00). Construction contract for Towne Square, Airport Road Improvements was approved by City Council on August 26, 1991, for $95,468.91. This contract with H. & S. Construction Company also included $14,531.09 (15%) contingency. Scope of work, based on project estimates, was scaled down in order to meet the $135,000.00 budget constraint. As the bid came in low, a 15% contingency was added in order to add some additional work which had been deleted. To properly close the project out, the additional work is being paid for by Change Order No. 1. D. Work was completed on November 1, 1991. Current Situation is that final billing indicates approximately 10% overrun due to additional sidewalk added, an additional concrete entrance needed, an additional drop inlet added to correct a drainage problem at Sovran Bank on Airport Road, and other related work such as additional excavation, stone, and pavement. Page 2 III. IV. Issues of importance: A. Public safety B. Availability of funds C. Cost D. Legal Alternatives: Approve Change Order No. 1 with H. & $. Construction Company in the amount of $12~607.03 for the additional work as described above at Towne Square and Airport Roads. Public safety is insured by the increase in site distance and corrective drainage measures provided by the project. Fundinq is available in the project contingency, Towne Square Shopping Center Account Number 008-052-9666-9065. Cost is reasonable based on unit prices fixed in the contract with H. & S. Construction Company. 4. Leqal concerns would not exist. Do not approve Change Order No. 1 in the amount of $12~607.03. Public safety is a moot issue since the work is complete. Funds would remain in the project contingency, Towne Square Shopping Center Account Number 008-052-9666-9065. Cost is reasonable based on unit prices fixed in the contract with H. & S. Construction Company. 4. Leqal problems would arise since the work is complete. Page 3 Recommendation: A. Concur with the implementation of Alternative A. B. Authorize the City Manager to issue Change Order No. 1 to the contract with H. & $. Construction Company in the amount of $12~607.03 which would make the final contract amount $108~075.94. Respectfully submitted, W. Robert Herbert City Manager WRH/DLL/mm cc: City Attorney Director of Finance Director of Public Works City Engineer Construction Cost Technician CITY '91 9:52 Roanoke, Virginia December 16, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: POLE-USE AGREEMENT WITH CHESAPEAKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA Please reserve space for the above referenced project on City Council's agenda for Monday, December 16, 1991. WRH/RKB/fm cc: City Attorney Director of Finances Director of Public Works Director of Utilities & Operations City Engineer Respectfully submitted, W. Robert Herbert City Manager · MARY F. PARKER City Clerk CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 45~ Roanoke, ¥-wginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRA H. FAKIN Deputy City Clerk File #207 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30826-121691 authorizing execution of a contract with Mattern & Craig, Inc., to provide certain engineering services, specifically plans and specifications for utility and roadway design and site grading for the Roanoke Centre for Industry and Technology Addition, in the amount of $200,000.00. Resolution No. 30826-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. g-",, ~,.~ ~.Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: 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 Ms. Sarah E. Fitton, Construction Cost Technician Mr. Brian J. Wishneff, Chief, Economic Development Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PARliER City Clerk CITY OF ROANOI - OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, V'wginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRA H. EAKIN Deputy City Clerk File #207 ~Mr. Stewart W. Hubbell, Vice President Mattern & Craig, Inc. Consulting Engineers 701 First Street, S. W. Roanoke, Virginia 24011 Dear Mr. Hubbell: I am enclosing copy of Resolution No. 30826-121691 authorizing execution of a contract with Mattern & Craig, Inc., to provide certain engineering services, specifically plans and specifications for utility and roadway design and site grading for the Roanoke Centre for Industry and Technology Addition, in the amount of $200,000.00. Resolution No. 30826-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric o IN THE COUNCIL OF THE CITY OF ROANOKE, The 16th Day of December, 1991. VIRGINIA, No. 30826-121691. A RESOLUTION authorizing the execution of a cohtract with Mattern & Craig, Inc. to provide certain engineering services, specifically the plans and specifications for utility and roadway design and site grading for the Roanoke Centre for Industry and Technology Addition. 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 Mattern & Craig, Inc. for the provision by such firm of engineering services for utility and roadway design and site grading for the Roanoke Centre for Industry and Technology Addition, as more particularly set forth in the December 16, 1991 report of the City Manager to this Council. 2. The contract amount authorized by this resolution shall be in an amount of $200,000.00. 3. The form of the contract with such firm shall be approved by the City Attorney. ATTEST: City Clerk. MARY F, PAIU~3~R City Clerk CITY OF ROANOI OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 19, 1991 File #60-207 SANDi~ H. ~ Deputy City Clerk Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schianger: I am attaching copy of Ordinance No. 30825-121691 amending and reordaining certain sections of the 1991-92 Capital Fund Appropriations, providing for appropriation of $200,000.00, in connection with a contract with Mattern & Craig, Inc., to provide certain engineering services, specificaily plans and specifications for utility and roadway design and site grading for the Roanoke Centre for Industry and Technology Addition. Ordinance No. 30825-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc.' Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. Brian J. Wishneff, Chief, Economic Development Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th Day of December, 1991. No. 30825-121691. AN ORDINANCE to amend and reordain certain sectiOns of the 1991-92 Capital Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1991-92 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riatfons Other Infrastructures RCIT Addition (1) Capital ................................ Improvement Reserve Capital Improvement Reserve (2-3) ................ Revenue Accounts Receivable - Shell Building (4) ......... Miscellaneous - Shell Building (5) Misoellaneoue Orvis (6) ......... 1) Appropriations from Third Party 2) Economic Development 3) Streets and Bridges 4) Accounts Receivable Shell Building 5) Shell Building 6) Orvis (008-052-9680-9004) $200,000 (008-052-9575-9178) 45,980 (008-052-9575-9181) 25,820 (008-1262) (008-008-1234-1099) (008-008-1234-1039) 80,000 111,800 80,000 $ 19,819,536 200,000 (11,471,907) 719,138 $ 80,000 111,800 80,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. '91 !2 ,,,ix Roanoke, Virginia December 16, 1991 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Engineering Services for RCIT Addition I. Background: Roanoke City Council authorized the purchase of approximately 140 acres of property from Anderson Wade Douthat and Frances B. Douthat at its meeting on September 11, 1989. At that time, a development plan had been prepared which indicated there was approximately 125 marketable acres at this site, which is referred to as the Roanoke Centre for Industry and Technology (RCIT) Addition. B. En~ineerin~ services are needed to prepare plans and specifications for utility and roadway design and site grading at the RCIT Addition. II. Current situation is that Engineering Services Qualification Proposals for this site development analysis were publicly advertised and received from: - Buchart Horn, Inc. - Hayes, Seay, Mattern & Mattern, Inc. - Mattern & Craig, P.C. Selection of the firm for consideration was based on the following criteria: 1. Qualification of personnel 2. Time available to perform required work 3. Experience in site development analysis 4. Ability to produce project on time 5. Local accessibility for project coordination and cooperation 6. Response to request for proposal 7. Past record with City of Roanoke Honorable Mayor and Members of City Council Engineering Servicss for RCIT Addition Page 2 Interviews were held with all three firms that submitted proposals as they were all deemed qualified. Staff team included Charles M. Huffins, City Engineer; Robert K. Bengtson, Traffic Engineer; and E. Douglas Chittum, Economic Development Specialist. Negotiations were conducted with that enginsering firm felt to be most qualified (Mattern & Craig, P.C., Consulting Engineers) for the project requirements. D. Scope of work to be performed includes design of: 1) 3,700 linsar feet of roadway 2) Sanitary sewer 3) Water 4) Storm drainage 5) Lighting & landscaping 6) Site grading 7) Construction administration and inspection 8) Surveys III. Issues in evaluating the proposal and awarding a contract to a firm known to be qualified are: A. Inclusion of proper work scope B. Ability to meet time schedules C. Reasonableness of fee D. Fundin~ IV. Alternatives for providing the necessary work are: A. Award an en~ineerin~ services reimbursement contract to Mattern & Craig, Inc., as successor to Mattern & Craig, P.C., Consulting Engineers, in the amount of $200,000.00. 1. Inclusion of proper work scope has been reviewed and verified. 2. Ability to meet time schedule has been demonstrated and firm is ready to begin immediately. Honorable Mayor and Members of Council Engineering Services for RCIT Addition Page 3 Reasonableness of fee has been established through "cost ceiling". Mattern & Craig, Inc., as successor to Mattern & Craig, P.C., Consulting Engineers, has set a cost ceiling in their proposal of $200~000.00. This is the initial fee allocation to this project. It is not sufficient to provide all of the engineering services which may be required for the full development of the RCIT Addition. 4. Fundin~ is available from: sale of the Shell Building to Quibell, Inc. in the amount of $191~800.00, of which $80~000.00 will be received from Quibell, Inc. in four (4) years. amount of payments of $80~000.00 from the sale of property at RCIT to Orris, Inc. that has not previously been appropriated. This total of $271~800.00 provides funding for the $200,000.00 proposed contract, with the balance of $71~800.00 to be appropriated to the Capital Reserve Account numbers 008-052-9575-9178 and 008-052-9575-9181 in the respective amounts $45~980.00 and $25~820.00 for expenditure on future projects as approved by City Council. Be Do not award an en$ineering services reimbursement contract to Mattern & Craig, Inc., as successor to Mattern & Craig, P.C., Consulting Engineers, in the amount of $200,000.00. 1. Inclusion of proper work scope would have to be deferred to other consultants. 2. Ability to meet time schedule would be jeopardized for future economic development at this site. Reasonableness of fee cannot be assured. 4. Funding remains in existing sources. V. Recommendation: Award an engineering services reimbursement contract in a form approved by the City Attorney to Mattern & Craig, Inc., as successor to Mattern & Craig, P.C., Consulting Engineers, in the amount of $200,000.00. Honorable Mayor and Members of Council Engineering Services for RCIT Addition Page 4 Be WRH/RKB/mm Attachment: Appropriate $191~800.00 from the sale of the Shell Building and $8~200.00 from the sale of property to Orvis, Inc. to an account to be designated by the Director of Finance for the $200~000.00 contract and to be entitled RCIT Engineering. Appropriate the balance of $71~800.00 to the Capital Reserve Account numbers 008-052-9575-9178 and 008-052-9575-9181 in the respective amounts $45~980.00 and $25~820.00 for expenditure on future projects as approved by City Council. Respectfully submitted, W. Robert Herbert City Manager Map Director of Finance City Attorney Director of Utilities & Operations Director of Public Works City Engineer Chief of Economic Development I! . MARY F. PARKE City Clerk CITY OF ROANOKe. OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, V'u-ginia 24011 Telephone: (703)981-2541 December 19, 1991 File #183-410 SANDRA H. F-.AKIN Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 30827-121691 accepting the bid of Southern Salt Co., Inc., to furnish 1,000 tons, more or less, of deicing salt to the City, at a unit price of $41.80 per ton. Resolution No. 30827-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director, Public Works Mr. William L. Stuart, Manager, Street Maintenance Mr. George C. Snead, Jr., Director, Administration and Public Safety Mr. D. Darwin Roupe, Manager, General Services Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds Maintenance MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W. Room 456 Roanoke. Vkginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDRA H. EAKIN Deputy City Clerk File #183-410 Mr. Robert T. Taylor, President Southern Salt Co., Inc. P. O. Box 2556 Norfolk, Virginia 23501 Dear Mr. Taylor: I am enclosing copy of Resolution No. 30827-121691 accepting the bid of Southern Salt Co., Inc., to furnish 1,000 tons, more or less, of deicing salt to the City, at a unit price of $41.80 per ton. Resolution No. 30827-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. MARY F, PARKER CiW Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 19, 1991 SANDI~ H. EAK1N Deputy City Clerk File #183-410 Mr. Robert H. Jones, Vice-President Bidding and Marketing Akzo Salt, Inc. Abington Executive Park Clarks Summit, Pennsylvania 18411 Dear Mr. Jones: I am enclosing copy of Resolution No. 30827-121691 accepting the bid of Southern Salt Co., Inc., to furnish 1,000 tons, more or less, of deicing salt to the City, at a unit price of $41.80 per ton. Resolution No. 30827-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. On behalf of the Mayor and Members of City Council, I would llke to express appreciation for submitting your bid. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Ene. 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 December 19, 1991 SANDRA H. EAKIN Deputy City Clerk File #183-410 Ms. Cheryl C. Foley Highway Sales Manager USA North American Salt Co. 4825 N. Scott Street Schiller Park, Illinois 60176 Dear Ms. Foley: I am enclosing copy of Resolution No. 30827-121691 accepting the bid of Southern Salt Co., Inc., to furnish 1,000 tons, more or less, of deicing salt to the City, at a unit price of $41.80 per ton. Resolution No. 30827-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid. Sincerely, 2D~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARgER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981~2541 December 19, 1991 SANDRA H. EAKIN Deputy City Clerk File #183-410 Ms. Shirley M. Tvaroha Attorney in Fact Cargill, Inc. Bulk Deicing Sales 191 Portland Point Road Drawer B Lansing, New York 14882 Dear Ms. Tvaroha: I am enclosing copy of Resolution No. 30827-121691 accepting the bid of Southern Salt Co., Inc., to furnish 1,000 tons, more or less, of deicing salt to the City, at a unit price of $41.80 per ton. Resolution No. 30827-121691 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, December 16, 1991. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30827-121691. A RESOLUTION accepting the bid of Southern Salt Co., Inc. made to the City for furnishing and delivering deicing salt; and rejecting all other bids made to the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Southern Salt Co., Inc., made to the City, offering to supply deicing salt meeting all of the City's specifications and requirements therefor, for $41.80 per ton delivered, which bid is on file in the Office of the City Clerk, is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. CITY Roanoke. Virginia December 16, 1991 Honorable Mayor and City Council Roanoke. Virginia Dear Members of Council: SUBJECT: Bids on Deicing Salt Bid Number 91-11-51 I concur in the bid committee's recommendation for the purchase of deicing salt. Respectfully Submitted. W. Robert Herbert City Manager DDR:klm cc: City Attorney Director of Finance Roanoke, Virginia December 16, 1991 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids on Deicing Salt Bid Number 91-11-51 I. Background Deicing Salt is necessary to provide for a successful snow and ice removal program. November 14, 1991, request for quotations were sent to nine (9) firms on the City's current bid list for deicing salt. November 27, 1991, bids were received, after due and proper advertisement. Ail bids so received were publicly opened and read at 2:00 P.M., in the Office of the Manager of General Services. Bid specifications require price to remain firm until March 31, 1992. Four (4) responses were received. A tabulation of bids received is attached. II. Current Situation All bids received were evaluated in a consistent manner by representatives of following departments: the Public Works Street Maintenance General Services The lowest bid meeting specification~ is submitted by Southern Salt Co., Inc. for the amount of $41.80 per ton delivered. III. IV. Issues A. Need B. Compliance with Specifications C. Fund Availability Alternatives Council award the bid for Deicing Salt to Southern Salt Co., Inc. to supply the City 1000 tons, more or less. for the amount of $41.80 per ton delivered. Need - deicing salt is necessary for a successful snow and ice removal program. Compliance with Specifications - all bids received met required specifications. Fund Availability - funds are designated in FY '91 -'92, Snow Removal account number 001-052-4140-2045, to provide for the purchase of deicing salt for the total amount of $41,800.00. B. Reject all bids Need - deicing salt would not be available for removal of snow and ice from City Streets. Compliance with specifications - would not be an issue with this alternative. Fund Availability - budgeted funds designated for snow and ice removal would not be extended. V. Recommendation ao Council concur with Alternative "A", award the bid, to furnish and deliver 1000 tons, more or less, of deicing salt, to Southern Salt Co., Inc., for the total amount of $41,800.00 and reject all other bids. Respectfully Submitted, Chairman: William F. Clark iam L. Stuart D. Darwin Roupe ~ DDR:klm cc: City Attorney Director of Finance MARY F. P~ City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 December 19, 1991 File #51 SANDRA H. EAKIN Deputy City Clerk ~Mr. George A. McLean, Jr., Attorney P. O. Box 1264 Roanoke, Virginia 24006 Dear Mr. McLean: I am enclosing copy of Ordinance No. 30810-121691 amending certain proffered conditions to the rezoning of a tract of land located on Belle Avenue, N. E., described as Lots 6 - 27, inclusive, Block 1, Map of Belie Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320116 - 3320127, inclusive. Ordinance No. 30810- 121691 was adopted by the Council of the City of Roanoke on first reading on Monday, December 9, 1991, also adopted by the Council on second reading on Monday, December 16, 1991, and will become effective ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP:sw Eno o pc: Mr. Leonard Willis, P. O. Box 2464, Roanoke, Virginia 24010 Mr. & Mrs. James I. Sublett, c/o Mr. Lurty C. Taylor, 4058 Poplar Grove Drive, Vinton, Virginia 24179 Trustees Second Foursquare Church, 2619 Belie Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Gene L. West, Five Stonehaven Lane, Blue Ridge, Virginia 24064 Mr. Herbert W. Hyler, 625 Vinton Mill Court Road, N. W., Roanoke, Virginia 24012 Mr. Robert L. Ashcraft, 2215 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. David W. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. Gary A. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Charles Comer, 2507 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. George A. McLean, Jr., Attorney December 19, 1991 Page 2 pc: Mr. & Mrs. Frank Fisher, 2541 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Ralph Hancock, 2549 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Plar~ning District Commission,P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chair, City Planning Commission Mr. L. Elwood Norris, Chair, 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 Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30810-121691. AN ORDINANCE to amend §§36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 332, Sectional 1976 Zone Map, City of Roanoke, in order to amend certain conditions presently binding upon certain property previously rezoned from RD, Duplex Residential District, to Residential District. conditionally RG-1, General WHEREAS, application has been made to the Council of the City of Roanoke to amend certain conditions presently binding upon a tract of land inclusive, previously designated property was Ordinance No. WHEREAS, located on Belle Avenue, N.E., Lots 6 through 27, Block 1, Map of Belle Terrace Townhouse Subdivision, designated as Official Tax No. 3320105 and currently as Official Tax Nos. 3320116 through 3320127, which by the adoption of timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in previously conditionally rezoned 26486, on May 23, 1983; and 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 December 9, 1991, after due and 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 Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the conditions now binding upon the undeveloped portion of the above- described property should be amended as requested. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ~S36.1-3 and 36.1-4, Code of the City of Roanoke (1979), as amended, and Sheet No. 332 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 October 16, 1991, and as set forth in the report of the Planning Commission dated December 9, 1991. ATTEST: City Clerk. Raanoke Cily Planning Commission December 9, 1991 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members Council: Subject: Request from Ziegler Enterprises, Inc., represented by George A. McLean, Jr., that Ordinance No. 26486, dated May 23, 1983, be amended to remove all conditions proffered in conjunction with the rezoning of Official Tax No. 3320105 (currently designated ~fficial Tax Nos. 3320116-3320137, inclusive). Backqround: Subject property was rezoned from RD, Duplex Residential District to RG-1, General Residential District, subject to certain proffered conditions, by Ordinance No. 26486 on May 23, 1983. Purpose of the original rezoning request was to permit the development of 40 townhouse units. Proffered conditions as part of the original rezontng request approved on May 23, 1983, are as follows: If developed, the rezoned property shall be limited to and shall contain not more than 40 townhouse units. 2. The rezoned property, if developed, shall be developed in accordance with the site plan submitted with the petition to rezone, subject only to such modifications as may be required by the City o~ Roanoke as a result of the site plan rewiew process. 3. Facilities for the control of storm drainage shall be constructed on the rezoned property, said Room 355 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981 2344 Members of Council Page 2 December 9, 1991 facilities to be constructed in accordance with plans and specifications approved by the Roanoke City Engineer. Where required by the City Engineer or by the City Zoning Administrator, either natural plantings will be planted or a wood fence constructed so as to screen the developed property from the adjacent residential properties located on the north, east and west of the developed property. If construction of the townhouses is not begun by April 1, 1985, the zoning classification of the property shall return to that of RD, Duplex Residential District without further action of City Council. Current petition seeks to amend original rezoning approved on May 23, 1983, by removing said proffers to the balance of the undeveloped portion of the property for the townhouse development. Purpose of the request is to remove the proffered conditions set forth for a townhouse development so.that the land area can be rezoned and replatted for detached single family construction. Planninq Commission public hearing was held on Wednesday, November 6, 1991. Mr. A1 McLean, attorney for the petitioner, appeared before the Commission and stated that as part of another request to down zone the subject property from RM-1 to RS-3, as a property record "housekeeping" matter, they needed to request that the previous rezoning proffers be removed from the subject property. Mrs. Dorsey gave the staff report and stated that staff recommended approval of the request to delete the previous rezoning's proffered conditions. No one from the audience appeared before the Commission to speak in favor or in opposition to the request. II. Issues: Zoninq is currently RM-1, Residential Multifamily, Low Density District with proffered conditions as established by Ordinance No. 26486. Zoning of the subject property is currently being petitioned for rezoning to RS-3, Members of Council Page 3 December 9, 1991 Residential Single Family District with proffered conditions. Land use is currently vacant, undeveloped land proposed for detached single family construction. Surrounding land uses in the area consists of an intermixture of single family detached residences, two-family dwellings, and a 13-unit townhouse development. Development concerns will be addressed in the subsequent rezoning petition for the subject property and through comprehensive development plan review and subdivision review to facilitate the proposed single family detached residential construction. Neiqhborhood orqanization is the Wildwood Civic League. The Planning office notified their president and development review team members in writing of this request on October 22, 1991. The president of the organization notified the Planning staff on October 30, 1991, that the neighborhood organization supports the requested rezoning. E. Comprehensive Plan recommends that: Encourage a variety of housing choice in existing neighborhoods through a balance of preservation, rehabilitation and new development. 2. Enact zoning to facilitate infill (housing) development. III. Alternatives: A· City Council approve the request. Zoning of the subject property would become conditional, RS-3, Residential Single Family District. 2. Land use would become a nine lot, single family residential subdivision. 3. Development issues would be addressed in conjunction with subdivision and comprehensive development plan review. 4. Neighborhood would be enhanced by new, single family detached residential construction. Members of Council Page 4 December 9, 1991 Comprehensive Plan issues as set forth would be followed. City 1. Council deny the request. Zoninq would remain conditional RM-1, Residential Multifamily, Low Density District. The existing proffers for a townhouse development would preclude the proposed single family detached residential development on the subject property. Land use would remain vacant, undeveloped subject to further townhouse development in the future. Development concerns would not be an issue since they have been addressed in the review and approval of the townhouse development site plan and subdivision plat. Neiqhborhood would not be an issue. Comprehensive Plan issues as set followed at a later date. forth could be IV. Recommendation: By a vote of 6-0 (Mr. Bradshaw absent), the Planning Commission recommended approval of the request to delete the proffered conditions from the subject property finding that the subsequent proposed rezoning to single family residential, with proffered conditions to develop the land area into a single family detached residential subdivision, would be more in keeping with the overall character of the area and the Comprehensive Plan issues as set forth. 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. PARLOUR 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 17, 1991 File #51 SANDRA H. F. AKIN Deputy City Clerk Mr. Charles A. Price, Jr., Chair 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. George A. McLean, Jr., Attorney, representing Ziegier Enterprises, Inc., requesting amendment of certain proffered conditions to the rezoning of a tract of land located on Belle Avenue, N. E., described as Lots 6 - 27, inclusive, Block 1, Official Tax Nos. 3320116 - 3320137, inclusive. MFP: ra REZONE7 Enc, pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk ~rl George A. McLean, Attorney, p. O. Box 1264, Roanoke, Virginia 24006 John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney IN RE: Petition to amend proffers of a tract of land lying and being on Belle Avenue known as Lots 6 through 27, Block 1 according to the map showing Belle Terrace Townhouses Subdivision, Tax Map No. 3320116 through 3320137. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Zeigler Enterprises, Inc., has contracted to buy land in the City of Roanoke located on Belle Avenue known as Lots 6 through 27 Block 1 according to the map of Belle Terrace Townhouses Subdivision, Tax Map No. 3320116 through 3320137. Said tract is currently zoned as RM-1 Residential, Multifamily District and subject to certain proffers as set forth in zoning ordinance 26486 dated May 23, 1983. A map of the property subject to said proffers is attached as exhibit "A". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner request that the said proffers pursuant to that ordinance number 26486, dated May 23, 1983, hereby referred to as Exhibit "B" be amended to remove the following proffers: 1. If developed, the rezoned property shall be limited to and shall contain not more than 40 townhouse units. 2. The rezoned property, if developed, shall be developed in accordance with the site plan submitted with the Petition to Rezone, subject only to such modifications as may be required by the City of Roanoke as a result of the site plan review process. 3. Facilities for the control of storm drainage shall be :onstructed on the rezoned property, said facilities to be ucted in accordance with plans and specifications approved by the Roanoke City Engineer. 4. Where required by the City Engineer or by the City Zoning Administrator, either natural plantings will be planted or a wood fence constructed so as to screen the developed y from the adjacent residential propertied located on the North east and west of the developed property. 5. If constructed of the townhouses is not begun by April · 1985, the zoning classification of the property shall return o that of RD, Duplex Residential District, without further ~ction of city Council. The Petitioner believes that the removal of these ,roffers will further the intent and purposes of the City's ;oning Ordinance and its comprehensive plan in that this will allow the property to be rezoned to single family residential for detached single family construction and this is the highest and best use of this property Attached as Exhibit "C" are the names, addresses and numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property subject to the proffers which the Petitioner GEORGE A. MCLEAN, JR AI'rORNEy AT LAW ROANOKE, VIRGINIA request be amended. WHEREFORE, the Petitioner request that the proffers set forth in that zoning ordinance number 26486, dated May 23, 1983, being amended for the above described tract of land and in accordance with the provision of the Zoning Ordinance of the City of Roanoke. 1991. George A. McLean, Jr. Counsel for Petitioner P.O. Box 1264 Roanoke, VA 24006 Respectfully submitted, Of Counsel Zeigler Enterprises, Inc. Diane Zeigl'~r ,~i~nt ~0 c~ ./ VIRGINIA: THE COUNCIL OF THE CITY OF ROANOKE Rezoning of Parcels Nos. 3320105 ) and 341010~, ~ocabed on the ) northerly side of Belle Avenue, ) N.E. ) AMENDED PROFFER OF CONDITIONS iTO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Pursuant to the provisions of Section 36-554, Code of '! the City of Roanoke {1979), as amended, the Petitioners, E. Ralph English, Jr., and Rita T. English, respectfully file the following Amended Proffer of Conditions pursuant to their Petition to Rezone the above-described reel estate locate~ in ~he City of Roanoke, Virginia. 1. If developed, the rezoned property shall be limited to and shall contain not more than 40 townhouse units. 2. The rezoned property, if developed, shall be developed in accordance with the site plan sUbmitted with ii the Petition to Rezone, sUbject only to such modifications ilas may be required by the City of Roanoke as a result of !the site plan review process. 3. Facilities for the control of stom drainage shall bm constructed on the rezoned property, said facilitaes .. to be constructed in accordance with plans and specifications approved by the Roanoke City Engineer. 4. Where required by the City Engineer or by the City Zoning Administrator, either natural plantings will be planted or a wood fence constructed so aa to screen the developed property from the adjacent residential properties looated on the north, east and west of the developed 'property. 5. If construotion of the townhousea is not begun by A~ril 1~ 1985, the zoning classification of the property shall return to that of ~, Duplex Residential Distr~ct, without further action of City Council. Respectfully submitted, E. RALPH ENGLISH, JR RITA T. ENGLISH By Counsel Hazlegrove, Dickinson, Rea, Smeltzer & Brown Attorneys for Petitioners Michael K. Smelt~ Landowners adjoining-Lots 6 through 27 Block 1 according to Map of Belle Terrace Townhouses. TAX MAP 332015 NO. NAME & ADDRESS OF OWNER 3410101 3410304 3410303 3410302 3410301 3320232 3320233 7070506 7070507 Leonard Wills P.O. Box 2464 Roanoke, VA 24010 James I. and Karen Sublett 4058 Poplar Grove Dr. Vinton, VA 24179 Trustees Second Foursquare Church 2619 Belle Ave NB Roanoke, VA 24012 Trustees Second Foursquare Church 2619 Belle Ave NE Roanoke, VA 24012 Trustees Second Foursquare Church 2619 Belle Ave NE Roanoke, VA 24012 Gene L. & Betty Lou West 5 Stonehaven LN Blue Ridge, VA 24064 Herbert W. Hyler 625 Vinton Mill Court RD NE Roanoke, VA 24012 Robert L. Ashcraft 1402 3rd St SW Roanoke, VA 24016 Leonard A. Wills P.O. Box 2464 Roanoke, VA 24010 David W. and Gary A. Woodford 420 Rorer Ave SW Roanoke, VA 24016 7070509 7070510 7070511 7070512 Charles B. & Mabel H. Comer 2507 Richard Ave NE Roanoke, VA 24012 Frank B. & Virginia Fisher 2541 Richard Ave NE Roanoke, VA 24012 Ralph G. & Rose D. Hancock 2549 Richard Ave NE Roanoke, VA 24012 Ralph G. & Rose D. Hancock 2549 Richard Ave NE Roanoke, VA 24012 ROANOK VIEW 0 OZ (~-- (].IU ,~o,n TIMES & .ORLD-NE~S Aq NUMBER - I12023~B3 PUBLISHER'S FEE - ~I05.BO GEORGE A MCLEAN JR ATTORNEY SEVEN-O-SEVEN BLDG SUITE ~09 ROANUKE VA 2~00~ '91 DEC-4 A9:38 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZEU REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION9 WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NE~St A DAILY NEWSPAPER PUBLISHED IN ROANOKEt IN THE STATE OF VIRGINIA, 00 CERTIFY THAT THE ANNEXED NOTICE wAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 11/22/91 MORNING & EVENING 11/29/91 MORNING & EVENING WITNESS~--~'~$~ IS~ DAY OI~ OEF~EMBER 1991 AUTHORIZED SIGNATURE MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Vkginia 24011 Telephone: (703)981.2541 November 22, 1991 SAN'DRA H. EAKIN Deputy City Clerk Mr. George A. McLean, Jr. Attorney P. O. Box 1264 Roanoke, Virginia 24006 Dear Mr. McLean: 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, Ziegier Enterprises, Inc., to amend certain proffered conditions to the rezoning of a tract of land located on Belle Avenue, N. E., described as Lots 6 - 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320116 - 3320137, inclusive. 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, December 9, 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, City Clerk CMC/AAE MFP: sw PUBLIC6 pc: Mr. Leonard Wills, P. O. Box 2464, Roanoke, Virginia 24010 Mr. & Mrs. James I. Sublett, c/o Mr. Lurty C. Taylor, 4058 Poplar Grove Drive, Vinton, Virginia 24179 Trustees Second Foursquare Church, 2619 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Gene L. West, Five Stonehaven Lane, Blue Ridge, Virginia 24064 Mr. Herbert W. Hyler, 625 Vinton Mill Court Road, N. E., Roanoke, Virginia 24012 Mr. George A. McLean, Jr. November 22, 1991 Page 2 pc: Mr. David W. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. Ga~j A. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert L. Ashcraft, 2215 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Charles B. Comer, 2507 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Frank B. Fisher, 2541 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Ralph G. Hancock, 2549 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City planniug 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. Mariles, 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, December 9, 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 parcel of land located on Belle Avenue, N.E., Lots 6 through 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320105 through 3320127. 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 20th day of Novermber , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 22, 1991, and once on Friday, November 29, 1991, in The Roanoke Times and World News. Please send publisher's affidavit to: Please bill to: Mary F. Parker, City Clerk Room 456, Municipal Bldg. Roanoke, VA 24011 George A. McLean, Attorney P. O. Box 1264 Roanoke, VA 24006 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE CHANGE IN CONDITIONS OF: Request from Ziegler Enterprises, Inc., represented ) by George A. McLean, Jr., that Ord. No. 26486, dated ) May 23, 1983, be amended to remove all conditions )AFFI- proffered in conjunction with the rezoning of )DAVIT Official Tax Nos. 3320105 (currently designated ) official tax nos. 3320116-3320137, inclusive). ) 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 28th day of October, 1991, notices of a public hearing to be held on the 6th day of November, 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~ Aqent or Occupant Address 3320115 Leonard Wills P.O. Box 2464 7070506 Roanoke, VA 24010 3410101 James and Karen Sublett c/o Lurty C. Taylor 4058 Poplar Grove Dr. Vinton, VA 24179 3410302- Trustees Second Foursquare Church 2619 Belle Avenue, NE 3410304 Roanoke, VA 24012 3410301 Gene L. and Betty L. West 5 Stonehaven Lane Blue Ridge, VA 24064 3320232 Herbert W. Hyler 625 Vinton Mill Ct. Rd. Roanoke, VA 24012 3320233 Robert L. Ashcraft 2215 Brambleton Avenue Roanoke, VA 24015 7070507 David W. Woodford 420 Rorer Avenue, SW Gary A. Woodford Roanoke, VA 24016 7070509 Charles and Mabel Comer 2507 Richard Ave., NE Roanoke, VA 24012 7070510 Frank and Virginia Fisher 2541 Richard Ave., NE Roanoke, VA 24012 7070511 7070512 Ralph and Rose Hancock 2549 Richard Ave., NE Roanoke, VA 24012 Mar~ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of October, 1991. Notary Pubii'c 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 December 19, 1991 SANDRA H. F-AKIN Deputy City Clerk File #51 Mr. George A. McLean, Jr., Attorney P. O. Box 1264 Roanoke, Virginia 24006 Dear Mr. McLean: I am enclosing copy of Ordinance No. 30811-121691 rezoning a tract of land lying on Belle Avenue, N. E., described as Lots 6 - 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320116 - 3320127, inclusive, from RM- 1, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District, subject to certain conditions proffered by the petitioner. Ordinance No. 30811-121691 was adopted by the Council of the City of Roanoke on first reading on Monday, December 9, 1991, also adopted by the council on second reading on Monday, December 16, 1991, and will become effective ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: Mr. Leonard Willis, P. O. Box 2464, Roanoke, Virginia 24010 Mr. & Mrs. James Sublett, c/o Mr. Lurty C. Taylor, 4058 Poplar Grove Drive, Vinton, Virginia 24179 Trustees Second Foursquare Church, 2619 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Gene L. West, Five Stonehaven Lane, Blue Ridge, Virginia 24064 Mr. Herbert W. Hyler, 625 Vinton Mill Court Road, Roanoke, Virginia 24012 Mr. Robert L. Ashcraft, 2215 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. David W. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. Gary A. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. & Mrs. Charles Comer, 2507 Richard Avenue, N. E., Roanoke, Virginia 24O12 Mr. George A. McLean, Jr., Attorney December 19, 1991 Page 2 pc: Mr. & Mrs. Frank Fisher, 2541 Richard Avenue, N. E. Roanoke, Virginia 24012 ' Mr. & Mrs. Ralph Hancock, 2549 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. Wayne G. Strickland, Executive Director, F/fth Planning District Commission,P. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chair, City Pl~nnlng Commission Mr. L. Elwood Norris, Chair, 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. Mariles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30811-121691. AN ORDINANCE to amend S36.1-3, Code of the City" 1979), as amended, and Sheet No. 332, Sectional 1976 City of Roanoke, to rezone certain property within subject to certain conditions proffered by the applicant. of Roanoke Zone Map, the City, WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 9, 1991, after due and timely notice thereof as required by ~36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at hereinafter provided. the public hearing, is of the opinion that the described property should be rezoned as herein THEREFORE, Roanoke amended, Roanoke, BE IT ORDAINED by the Council of the City of that §36.1-3, Code of the City of Roanoke (1979), as and Sheet No. 332 of the Sectional 1976 Zone Map, City of be amended in the following particular and no other: A tract of land located on Belle Avenue, N.E., Lots 6 through 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated on Sheet No. 332 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 3320105 and currently designated on the aforesaid Sheet No. 332 as Official Tax Nos. 3320116 through 3320127, be, and is hereby rezoned from RM-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on October 16, 1991, and that Sheet No. 332 of the Zone Map be changed in this respect. ATTEST: City Clerk. ~EC?TE~ :08 Roanoke City Planning Commission December 9, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Ziegler Enterprises, Inc., represented by George A. McLean, Jr., that property located on Belle Avenue, N.E., and identified as Official Tax Nos. 3320116- 3320137, inclusive, be rezoned from RaM-l, Residential Multifamily District, Low Density District, to RS-3, Residential Single Family District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning request is to provide for a nine (9) lot single family detached residential subdivision. Petition to rezone was filed on October 16, 1991. The following condition was proffered by the petitioner: That the property will be developed in substantial conformity with the site plan prepared by Slusher, Simpkins, Loyd & Assoc., P.C., a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during comprehensive site plan review. Planning Commission public hearing was held on Wednesday, November 6, 1991. Mr. A1 McLean, attorney, appeared before the Commission and stated that the request was to downzone the property from RM-1 to RS-3. He said that a subdivision plat had been prepared and submitted. He further stated that the lots were wide enough so that the driveways would go on Room 355 Municipal Building 2 t5 Church Avenue, S W~ Roanoke, Virginia 24011 (703) 9812344 Members of Council Page 2 December 9, 1991 the side of the house. Mr. McLean said that the City was encouraging single-family, owner-occupied housing and he felt that his client's request would fit into the City's plans. Mr. Ferguson asked what the price range of the houses would be. Diane Ziegler responded that the houses would run in the $60,000- $65,000 range. In response to a question from Mr. Ferguson, Ms. Ziegler said there would be no federal subsidies. Mrs. Dorsey gave the staff report. She went through the history of the property, discussing the 1983 rezoning. She said the land would be subdivided into nine individual, single family, detached lots which would exceed the minimum standards for the RS-3 zone. She stated that the Planning staff recommended approval of the request. Mr. Roy Stroop, president of the Wildwood Civic League, appeared before the Commission on behalf of the league. He said that the league was glad to see the rezoning. He said the only question he had was about the price range, and that had been answered. No one else from the audience appeared before the Commission to speak in favor or in opposition to the request. II. Issues: Zoning of the subject property is conditional RM-1, Residential Multifamily, Low Density District. (The petitioner has also filed a petition to delete the proffered conditions of the previous rezoning of this property to facilitate this rezoning request and proposed single family subdivision.) The surrounding zoning in the area is as follows: to the north is RS-3, Residential Single Family District and to the east, west and south is RM-1, Residential Multifamily, Low Density District. Land use is currently vacant, undeveloped land. Surrounding land uses in the area is an intermixture of single family detached residences, two-family dwellings and a 13-unit townhouse development. Members of Council Page 3 December 9, 1991 Utilities are available to the site and are of adequate capacity to serve the proposed subdivision and single family construction on the property. All engineering and drainage concerns would be addressed and resolved during subdivision and comprehensive development plan review. Access to and from the site can be safely provided by the adjoining public street, Belle Avenue. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed single family subdivision. Neiqhborhood orqanization is the Wildwood Civic League. The Planning office notified their president and development review team members in writing of the rezoning request on October 22, 1991. Representatives of the neighborhood organization expressed support for the proposed rezoning at the October 29, 1991, Development Review Team meeting and at the Planning Commission's November 6, 1991, public hearing. F. Comprehensive Plan recommends that: Encourage variety of housing choice in existing neighborhoods through a balance of preservation, rehabilitation, and new development. 2. Enact zoning to facilitate infill housing development. III. Alternatives: A. City Council approve the rezoning request. Zoninq of the subject property would become RS-3, Residential Single Family District. 2. Land use would become a nine lot, single family residential subdivision. Utilities are available and of adequate capacity to serve the proposed development of the property. All engineering and drainage concerns would be addressed and resolved during subdivision review. Access to and from the subject property can be safely provided by the adjoining public street, Belle Avenue. The City Traffic Engineer has stated that no traffic impacts are anticipated from the proposed nine lot, single family subdivision. Members of Council Page 4 December 9, 1991 Neighborhood would be enhanced by the single family detached residential development. 6. Comprehensive Plan issues as set forth would be followed. B. City Council deny the rezoning request. 1. Zoning of the subject property would remain conditional, RM-1, Residential Multifamily District, Low Density District. Land use would remain vacant, undeveloped subject to further townhouse development in the future. 3. Utilities would be unaffected. 4. Access would not be an issue. 5. Neighborhood would remain unchanged. 6. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: By a vote of 6-0 (Mr. Bradshaw absent), the Planning Commission recommended approval of the requested rezoning, finding that the proposed rezoning and single family subdivision would not only enhance the area but would be in keeping with the surrounding neighborhood as well as the Comprehensive Plan issues as set forth. 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. PARLOR 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 17, 1991 File #51 SANDRA lq. EAKIN Deputy City Clerk Mr. Charles A. Price, Jr., Chair 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. George A. McLean, Jr., Attorney, representing Ziegier Enterprises, Inc., requesting that a tract of land lying on Belle Avenue, N. E., being Lots 6 - 27, inclusive, Block 1, Official Tax Nos. 3320116 - 3320137, inclusive, be rezoned from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Singie Family District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:re REZONE6 ERe. pc: Mr. George A. McLean, Attorney, P. O. Box 1264, Roanoke, Virginia 24006 ~l~r. John R. Marlle$, Agent/Secretary, City Planning Commission Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney RECE~¥EO IN RE: Rezoning of a tract of land lying on Belle Avenue known as Lots 6 through 27, Block 1 according to the map showing Belle Terrace Townhouses Subdivision, Tax Map No. 3320116 through 3320137, such rezoning to be subject to certain conditions. THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Zeigler Enterprises, Inc., has :ontracted to buy land in the City of Roanoke located on Belle known as Lots 6 through 27 Block 1 according to the map of Belle Terrace Townhouses Subdivision, Tax Map No. 3320116 through 3320137. Said tract is currently zoned RM-1 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 (1979), as amended, the Petitioner requests that the said property be rezoned from RM-1 Residential, Multifamily t to RS-~ Residential, Single Pamily District subject to :ertain conditions set forth below, for the purpose of single family detached housing development. The Petitioner believes the rezoning of the said tract land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan in that single family housing would be the best use of said property. The Petitioner hereby proffers and agrees that if said :tact is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following :ondition: 1. That the property will be developed in substantial :onformity'with the site plan prepared by Slusher, Simpkins, Loyd & Assoc., P.C., a copy of which is attached to the Petition for Rezoning as Exhibit "B", subject to any changes required by the City during comprehensive site plan review. Attached as Exhibit "C" are the names, and addresses ~nd 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 ~escribed tract be rezoned as requested in accordance with the ~rovisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this /4 day of .991. George A. McLean, Jr. Iounsel for Petitioner ~.O. Box 1264 ~anoke, VA 24006 Respectfully submitted, , Of -Counse i Zeigler Enterprises, Ino. Diane_ Ze ig le~es/'dent / / Landowners adjoining-Lots 6 through 27 Block 1 according to Map of Belle Terrace Townhouses. TAX MAP NO. NAME & ADDRESS OF OWNER 332015 3410101 3410304 3410303 3410302 3410301 3320232 3320233 7070506 7070507 Leonard Wills P.O. Box 2464 Roanoke, VA 24010 James I. and Karen Sublett 4058 Poplar Grove Dr. Vinton, VA 24179 Trustees Second Foursquare Church 2619 Belle Ave NE Roanoke, VA 24012 Trustees Second Foursquare Church 2619 Belle Ave NE Roanoke, VA 24012 Trustees Second Foursquare Church 2619 Belle Ave NE Roanoke, VA 24012 Gene L. & Betty Lou West 5 Stonehaven LN Blue Ridge, VA 24064 Herbert W. Uyler 625 Vinton Mill Court RD Roanoke, VA 24012 NE Robert L. Ashcraft 1402 3rd St SW Roanoke, VA 24016 ~eonard A. Wills P.O. Box 2464 Roanoke, VA 24010 David W. and Gary A. Woodford 420 Rorer Ave SW Roanoke, VA 24016 7070509 7070510 7070511 7070512 Charles B. & Mabel H. Comer 2507 Richard Ave NE Roanoke, VA 24012 Frank B. & Virginia Fisher 2541 Richard Ave NE. Roanoke, VA 24012 Ralph G. & Rose D. Hancock 2549 Richard Ave NE Roanoke, VA 24012 Ralph G. & Rose D. Hancock 2549 Richard Ave NE Roanoke, VA 24012 9RGE A McLF. AN. JR, I~I'ORNEY AT LAW OANOKE, VIRGINIA ROAN 'x BI III ROANOKE TIMES & ~ORLD-NE~S Ag NUMBER - 11200551~ PUBLISHER'S FEE - $12~o20 GEORGE A MCLEAN JR ATTORNEY SEVEN-O-SEVEN BLDG SUITE ~09 ROANOKE VA '91 DEC-4 A9:38 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD CaR- PORATION, WHICH CORPORATION IS PUbLiSHER OF THE ROANOKE TIMES & WORLD-NEwS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES I1/22/91 MORNING & EVENING 11/29/91 MORNING & EVENING WITNESS, THIS 1ST DAY OF DECEMBER 1991 AUTHO~'IZEO SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, December 9, 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-1, Residential Multifamily, Low Density District, to RS-3, Residential Single Family District, the following property: A tract of land lying on Belle Avenue, N.E., Lots 6 through 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320105 through 3320127, 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 20th day of November , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 22, 1991, and once on Friday, November 29, 1991, in The Roanoke Times and World News. Please send publisher's affidavit to: Please bill to: Mary F. Parker, City Clerk Room 456, Municipal Bldg. Roanoke, VA 24011 George A. McLean, Attorney P. O. Box 1264 Roanoke, VA 24006 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W.. Room 456 Roanoke, Xru'ginia 24011 Telephone: (703)981-2541 November 22, 1991 SANDRA H. EAION Deputy City Clerk Mr. George A. McLean, Jr. Attorney P. O. Box 1264 Roanoke, Virginia 24006 Dear Mr. McLean: 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, Ziegler Enterprises, Inc., that a tract of land lying on Belle Avenue, N. E., described as Lots 6 - 27, inclusive, Block 1, Map of Belle Terrace Townhouse Subdivision, previously designated as Official Tax No. 3320105 and currently designated as Official Tax Nos. 3320116 - 3320137, inclusive, be rezoned from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Single Family District, subject to certain conditions preffered by the petitioner. Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at a regular meeting held on Monday, April 6, 1981, a public hearing on the abovedescribed request has been set for Monday, December 9, 1991, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church A~,enue, 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, f~.~,J~c Mary F. Parker, CMC/AAE City Clerk MFP: sw PUBLIC7 Mr. George A. McLean, Jr. November 22, 1991 Page 2 pc.' Mr. Leonard Wills, P. O. Box 2464, Roanoke, Virginia 24010 ~ Mr. & Mrs. James I. Sublett, c/o Mr. Lurty C. Taylor, 4058 Poplar Grove Drive, Vinton, Virginia 24179 Trustees Second Foursquare Church, 2619 Belle Avenue, N. E. Roanoke, Virginia 24012 ' Mr. & Mrs. Gene L. West, Five Stonehaven Lane, Blue Ridge, Virginia 24064 Mr. Herbert W. Hyler, 625 Vinton Mii1 Court Road, N.E. Roanoke, Virginia 24012 ' Mr. David W. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. Gary A. Woodford, 420 Rorer Avenue, S. W., Roanoke, Virginia 24016 Mr. Robert L. Ashcraft, 2215 Brambleton Avenue, S. W., Roanoke, Virginia 24015 Mr. & Mrs. Charles B. Comer, 2507 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Frank B. Fisher, 2541 Richard Avenue, N. E., Roanoke, Virginia 24012 Mr. & Mrs. Ralph G. Hancock, 2549 Richard Avenue, N. E. Roanoke, Virginia 24012 ' Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, p. O. Box 2569, Roanoke, Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charies 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. Charies M. Huffine, City Engineer Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. John R. Marlies, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation MARY F. PARI~:R City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 October 17, 1991 File #51 .K~LNDRA H. EAI(/N Deputy City Clerk Mr. Charles A. Price, Jr., Chair 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. George A. McLean, Jr., Attorney, representing Ziegler Enterprises, Inc., requesting that a tract of land lying on Belle Avenue, N. E., being Lots 6 - 27, inclusive, Block 1, Official Tax Nos. 3320116 - 3320137, inclusive, be rezoned from RM-1, Residential Multi-Family, Low Density District, to RS-3, Residential Singie Family District, subject to certain conditions proffered by the petitioner. MFP: ra REZONE6 Eric. pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk Mr. George A. McLean, Attorney, P. O. Box 1264, Roanoke, Virginia 24006 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: Request from Ziegler Enterprises, Inc., represented ) by George A. McLean, Jr., that property located on ) Belle Avenue, N.E., and identified as Official Tax )AFFI- Nos. 3320116-3320137, inclusive, be rezoned from )DAVIT RM-1, Residential Multifamily District, Low Density ) 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 28th day of October, 1991, notices of a public hearing to be held on the 6th day of November, 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 3320115 Leonard Wills P.O. Box 2464 7070506 Roanoke, VA 24010 3410101 James and Karen Sublett 4058 Poplar Grove Dr. c/o Lurty C. Taylor Vinton, VA 24179 3410302- Trustees Second Foursquare Church 2619 Belle Avenue, NE 3410304 Roanoke, VA 24012 3410301 Gene L. and Betty L. West 5 Stonehaven Lane Blue Ridge, VA 24064 3320232 Herbert W. Hyler 625 Vinton Mill Ct.Rd. Roanoke, VA 24012 3320233 Robert L. Ashcraft 2215 Brambleton Avenue Roanoke, VA 24015 7070507 David W. Woodford 420 Rorer Avenue, SW Gary A. Woodford Roanoke, VA 24016 7070509 Charles and Mabel Comer 2507 Richard Ave., NE Roanoke, VA 24012 7070510 Frank and Virginia Fisher 2541 Richard Ave., NE Roanoke, VA 24012 7070511 Ralph and Rose Hancock 2549 Richard Ave., NE 7070512 Roanoke, VA 24012 M~af%tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of October, 1991. Notary Publi6 My Commission Expires: MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W.. Room 456 Roanoke, ~a-ginJa 24011 Telephone: (703)981-2541 December 19, 1991 ~&J~IDRA H. F. AKIN Deputy City Clerk File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 30812-121691 permanently vacating, discontinuing and cloaing two specific portions of Thirlane Road, N. W. Ordinance No. 30812-121691 was adopted by the Council of the City of Roanoke on first reading on Monday, December 9, 1991, also adopted by the Council on second reading on Monday, December 16, 1991, and will become effective ten days following the date of its second reading. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: COVA Corporation, c/o Mr. Robert Roller, 3941 Thirlane Road, N. W., Roanoke, Virginia 24012 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., Chair, City Planning Commission Mr. L. Elwood Norris, Chair, Board of Zoning Appeals Mr. Wiliiam 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, Chief, Community Planning Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th Day of December, 1991. No. 30812-121691. AN ORDINANCE permanently vacating, discontinuing and cl'osing certain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, City Council a public hearing was held on said application by the on December 9, 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~'fn'interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Area No. 1 Beginning at a point being a common corner between Roanoke Regional Airport and COVA Corporation and being shown as point (27 E) on the plat recorded in Map Book 1, Page 950; thence, leaving point (27 E), S 84° 15' 56" W 1.03 feet to a point at (27 F); thence, a curve line to the left having a chord bearing and distance of N 48° 02' 15" W 40.00 feet, an arc distance of 40.01 feet, to a point at (27 G); thence, a curve line to the left having a chord bearing and distance of N 51° 40' 39" W 36.60 feet, an arc distance of 36.61 feet, to a point at (27 H); thence, N 27° 29' 00" W 256.80 feet, to a point at (27 I); thence, N 28° 04' 04" W 112.13 feet, to a point at (27 J); thence; S 50° 38' 02" W 9.78 feet, to a point at (27 K); thence N 28° 03' 07" W 3.81 feet, to a point at (27 L); thence, a curve line to the left having a chord bearing and distance of N 73° 04' 51" W 91.92 feet, an arc distance of 102.10 feet, to a point at (27 M); thence, S 61° 55' 14" W 159.95 feet, to a point at (27 N); thence, a curve line to the right having a chord bearing and distance of S 82° 19' 27" W 217.16 feet, an arc distance of 221.82 feet, to a point at (30) being point of intersection with the new right-of-way line of Thirlane Road, N.W.; thence, along the new right-of-way line of Thirlane Road, N.W., a curve line to the right having a chord bearing and distance of N. 44~ 12' 08" W 154.59 feet, an arc distance of 155.11 feet to a point at (27); thence, leaving the new right-of-way line, a curve line to the left having a chord bearing and distance of S 82~ 49' 27" E 301.82 feet, an arc distance of 321.74 feet to a point at (27 A); thence, N 61° 55' 14" E 159.95 feet to a point at (27 B); thence, a curve line to the right having a chord bearing and distance of S 85° 07' 02" E 125.14 feet, an arc distance of 132.32 feet, to a point at (27 C); thence, S 27~ 55' 35" E 161.10 feet to a point at (27 D); thence, S 27~ 29' 00" E 328.17 feet to the place of beginning, at (27 E); and containing 40,176 square feet, more or less, and being shown in detail on Map Book 1, Page 950. Area 2 Beginning at a point bearing shown as point (11) on the plat recorded in Map Book 1, Page 950; thence S 28~ 04' 03" E 342.95 feet, to a point at (11A); thence, a curve line to the right having a chord bearing and distance of S 27° 27' 05" W 169.84 feet, an arc distance of 180.54 feet, to a point at (11 B); thence S 61° 55' 56" W 167.04 feet, to a point at (11C); thence, a curve line to the left having a chord bearing and distance of S 45° 01' 13" W 113.45 feet; an arc distance of 115.12 feet, to a point at (24) being a point of intersection with the new right- of-way line of Thirlane Road, N.W.; thence, along the new right-of-way line of Thirlane Road, N.W. a curve line to the right having a chord bearing and distance of N 10° 26' 04" E 100.50 feet, an arc distance of 100.64 feet, to a point at (18); thence leaving the new right-of-way line a curve line to the right having a chord bearing and distance of N 56° 31' 26" E 46.18 feet an arc distance of 46.25 feet, to a point at (11 D); thence N 61° 55' 56" E 167.04 feet, to a point at (11 E); thence, a curve line to the left having a chord bearing and distance of N 16° 55' 56" E 141.42 feet, an arc distance of 157.08 feet, to a point at (11 F); thence N 28~ 04' 04" W 209.01 feet, to a point at (15); thence a curve line to the left having a chord bearing and distance of N 01° 31' 33" W 89.52 feet, an arc distance of 89.60 feet to the place of beginning, at (11) and containing 31,603 square feet more or less and being shown in detail on Map Book 1, Page 950. be, and hereby is, permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's providing to the City an approved subdivision plat, combining all properties that would be landlocked by the closure of the above-described portions of Thirlane Road, N.W., providing for all necessary easements for · u'~ilities, both public and private, and properly dividing the vacated right-of-way, and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within one (1) year from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor and Grantee, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. MARY F. pARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vkginia 24011 Telephone: (703)981-2541 December 19, 1991 File #514 SANDRA H. Ks, KIN Deputy City Clerk The Honorable Arthur B. Crush Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 30812-121691, for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of two specific portions of Thirlane Road, N. W. Ordinance No. 30812-121691 was adopted by the Council of the City of Roanoke on first reading on Monday, December 9, 1991, also adopted by the Council on second reading on Monday, December 16, 1991, and will become effective ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. pc: Mr. W. Robert Herbert, City Manager Roanoke City Planning Connmi~ion December 9, 1991 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Sub3ect: Request of the City Manager on behalf of the City of Roanoke to close and vacate two specific sections Thlrlane Road, N.W. I. Background: ae Thirlane Road~ N.W. has been realigned and improved in conjunction with previous agreements between the City of Roanoke and the COVA Corporation (UPS). Realignment resulted in the elimination of two sections of curving roadway. The right-of-way for these two roadway sections has not been vacated. Right-of-way sections were initially identified on a plat of subdivision and designated for future closure and vacation (see attached plat). II. Current Situation: Application was reviewed by the Roanoke City Planning Commission at its regular meeting of November 6, 1991. Roanoke Regional Airport Commission owns all of the property surrounding and abutting the sections of right- of-way requested for closure. City of Roanoke has no current or future need to retain these sections of public right-of-way. III. Issues: A. Neighborhood impact. B. Traffic impact. Room 355 Municipal Building 215 Churah Avenue, 5%/ Roanc~ke, Virginia 24011 (703) 981-2344 B. Traffic impact. C. Utilities within the riqht-of-way. D. Creation of a dead-end street. E. Land use. F. Relationship to the comprehensive plan. IV. Alternatives: Approve the request to close and permanently vacate the subject sections of Thirlane Road~ N.W.~ subject to certain conditions outlined in Part V of this report. 1. Neiqhborhood impact: Closure will have no effect on the surrounding neighborhood. Traffic impact: Closure will not affect traffic or traffic needs in the area. Realignment of Thirlane Road has improved roadway and traffic conditions in the immediate area. 3. Utilities within the public riqht-of-way: City has no existing utilities within the subject rights-of-way. City has not received any notice from private utility firms regarding the existence of any private utilities within the subject rights- of-way. Creation of a dead-end street: Terminal points of rights-of-way as proposed for vacation have been realigned with a new section of Thirlane Road, N.W. Closure will not create a dead-end street. Land use: Subdivision plat should be prepared, submitted to the City for review and approval, and subsequently recorded. Subdivision plat will act to substantiate title and disposition of the land within the vacated rights-of-way. 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. B. Deny the request to close and vacate the subject sections of Thirlane Road~ N.W.. 1. Neighborhood impact would not be an issue. Traffic impact: Subject sections of right-of-way would remain as uncoordinated intersections with the new Thirlane Road alignment. Land use: Land within the subject rights-of-way would remain idle with no practical use or purpose. o Relationship to the Comprehensive Plan would be inconsistent with the intent of the Comprehensive Plan regarding the proper and appropriate use of available land within the City. Recommendation: Planning Commission, by a vote of 5-0 (Messrs. Jones and Bradshaw absent) recommends that City Council approve Alternative A, thereby closing and permanently vacating the subject sections of Thirlane Road, N.W., subject to the following conditions: That a plat of subdivision be prepared, submitted to the subdivision agent for review and recorded, properly disposing of the land within the vacated rights-of-way. That if the above-cited plat of subdivision is not approved and recorded within a period of 12 months from the date of any ordinance providing for such closure and vacation, 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 Petitioner MARY F. 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 16, 1991 File #514 SANDRA H. KatlON Deputy City Clerk Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending authorization to file the necessary applications on behalf of the City of Roanoke in order to permanently vacate, discontinue and close two portions of Thirlane Road, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, October 14, 1991. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:ra Enc o pc: M~rr. William F. Clark, Director of Public Works John R. Marlles, Chief of Community P~anning Mr. Charles M. Huffine, City Engineer Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper, Chief of Police Mr. Rawleigh W. Quarles, Fire Chief Ms. Wanda B. Reed, Emergency Servtce~ Coordinator RECEIVEO, IN THE COUNCIL OF THE CITY OF ROANOke', VIRGINIA IN RE: ) SEP 12 P3:02 APPLICATION FOR VACATING, Application of City of Roanoke ) % DISCONTINUING AND CLOSING for vacation of two portions of ) Thirlane Road, N.W. ) OF A PUBLIC STREET MEMBERS OF COUNCIL: The City of Roanoke, applies to have two portions of Thirlane Road, N.W., in the City of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. This portion of Thirlane Road, N.W. is more particularly described on the plat attached and as follows: Area No. 1 Beginning at a point being a common corner between Roanoke Regional Airport and COVA Corporation and being shown as point (27 E) on the plat recorded in Map Book 1, Page 950; thence, leaving point (27 E), S 84" 15' 56" W 1.03 feet to a point at (27 F); thence, a curve line to the left having a chord bearing and distance of N 48" 02' 15" W 40.00 feet, an arc distance of 40.01 feet, to a point at (27 G); thence, a curve line to the left having a chord bearing and distance of N 51" 40' 39" W 38.60 feet, an arc distance of 36.61 feet, to a point at (27 H); thence, N 27" 29' 00" W 258.80 feet, to a point at (27 I); thence, N 28" 04' 04" W 112.13 feet, to a point at (27 J); thence; S 50" 38' 02" W 9.78 feet, to a point at (27 K); thence N 28" 03' 07" W 3.81 feet, to a point at (27 L); thence, a curve line to the left having a chord bearing and distance of N 73" 04' 51" W 91.92 feet, an arc distance of 102.10 feet, to a point at (27 M); thence, S 61" 55' 14" W 159.95 feet, to a point at (27 N); thence, · curve line to the right having a chord bearing and distance of $ 82" 19' 27" W 217.16 feet, an arc distance of 221.82 feet, to a point at (30) being point of intersection with the new right-of-way line of Thirlane Road, N.W.; thence, along the new right-of-way line of Thirlane Road, N.W., a curve line to the right having a chord thence, leaving the new right-of-way line, a curve line to the left having s chord bearing and distance of S 82° 49' 27" E 301.82 feet, an arc distance of 321.74 feet to a point at (27 A); thence, ~ 61o 55' 14" E 159.95 feet to a point at (27 B)~ thence, a curve line to the right having a chord beariatg and distance of S 85° 07' 02" E 125.14 feet, an arc distance of 132.32 feet, to s point st (27 C); thence, S 27° 55' 35" E 161.10 feet to a point at (27 D); thence, S 27° 29' 00" E 328.17 feet to the place of beginning, at (27 E); and containing 40,176 square feet, more or less, and being shown in detail on Map Book 1, Page 950. Area 2 Beginning at a point bearing shown as point (11) on the plat recorded in Map Book 1, Page 950~ thence ~ o~o 04' 03" E 342.95 feet, to a point at (11 A)~ thenc~,'~ curve line to the right having a chord bearing and distance of S 27° 27' 05" W 169.84 feet, an distance of 180.54 feet, to a point at (11 B), thence S 61° 55' 56" W 167.04 feet, to a polnt at (11 C); thence, a curve line to the left having a chord bearing and distance of S 45· 01' 13" W 113.45 feet; an arc distance of 115.12 feet, to a point at (24) being point of intersection with the new right-of-way line of Thlrlane Road, N.W., thence, along the new right-of-way line of Thirlane Road, N.W. a curve line to the right having a chord bearing and distance of N 10 100.50 feet, an arc distance of 100.64 feet, to a point at (18)~ thence leaving the new right-of-way line a curve line to the right having a chord bearing and distance of N 56· 31' 26" E 46.18 feet an arc distance of 46.25 feet, to a point at (11D); thence N 61· 55' 56" E 167.04 feet, to a point at (11 E)~ thence, a curve line to the left havlng a chord bearing and distance of N 16° 55' 56" E 141.42 feet, an arc distance of 157.08 feet, to a point at (11 F); thence N 28~ 04' 04" W 209.01 feet, to a point at (15); thence a curve line to the left having a chord bearing and distance of N 01° 31' 33" W 89.52 feet, an arc distance of 89.60 feet to the place of beginning, at (11) and containing 31,603 square feet more or less and being shown In detail on Map Book 1, Page 950. The City of Roanoke states that the grounds for this application are as follows: The City of Roanoke states that the grounds for this application are as follows: 1) All landowners whose proper~ ~dJoins the property to be vacated have been notified and are in agreement with this application. 2) The property to be vacated is presently vacant and no longer needed due to the realignment of Thirlane Road. 3) The abutting property owner (Roanoke Regional Airport Commission) desires to use the property to be vacated for airport purposes in exchange for airport property that was given to the City for realignment of Thirlane Road. WHEREFORE, the City of Roanoke respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke'(1979), as amended. Respectfully submitted, COVA Corporation Attention: Bob Roller 3941 Thirlane Road, N.W. Roanoke, Virginia 24012 Tax No. 6510107 Tax No. 6520107 Jacqueline L. Shuck Roanoke Regional Airport Commission 5202 Aviation Drive, N.W. Roanoke, Virginia 24012 Tax No. 6590101 LOCATION \ ~,.,~ ,/ ROANOKE TIMES & .ORLD-NEmS PUBLISHER'S FEE - $92.00 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLDG ROANOKE VA 24011 '91 OEO -4 A9:37 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT DF PUBLICATION I, (THE UNDERSIGNEDI AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD CaR- PORATION, WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 11/22/91 MORNING & EVENING 11/29/9I MORNING & EVENING AUTHORIZED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Code of the City of Roanoke (1979), Article VII of Chapter 36.1, as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, December 9, 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 two specific portions of Thirlane Road, N.W. 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 20thday of November , 1991. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 22, 1991, and once on Friday, November 29, 1991, in The Roanoke Times and World News. Please send publisher's affidavit to: Please bill to: Mary F. Parker, City Clerk Room 456, Municipal Bldg. Roanoke, VA 24011 Mary F. Parker, City Clerk Room 456, Municipal Bldg. Roanoke, VA 24011 MARY F. PARKER Cit~ Clerk CITY OF ROANOKI . OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703)981-2541 November 22, 1991 SANDRA H. EAhU', Deputy Ciw Clef: File//514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of a report of the City Planning Commission recommending that two specific portions of Thirlane Road, N. 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 abovedeacribed request has been set for Monday, December 9, 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. Mariles, Chief of Community Planning, at 981-2344. Sincerely, ~g)~ Mary F. Parker, CMC/AAE City Clerk MFP: sw PUBLIC4 Enc. Mr. W. Robert Herbert November 22, 1991 Page 2 pC: COVA Co,portion, c/o Mr. Robert Roller, $941 Thiriane Road, N. W., Roanoke, Virginia 24012 Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport, 5202 Aviation Drive, N. W., Roanoke, Virginia 24012 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney The Honorable Jereme S. Howard, Jr. ~ Commissioner of Revenue Ms. Nadine C. Minnix, Acting Director of Real Estate Valuation Mr. Charles A. Price, Jr., Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals Mr. William F. Clark, Director of Public Works Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Charles M. Huffine, City Engineer Mr. Ronald H. 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 ,MARY F. PARLOR 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 19, 1991 File #514 SANDRA H. F. AKIN 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 aileys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from the City of Roanoke, represented by Mr. W. Robert Herbert, requesting that two portions of Thirlane Road, N. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: ra STREET4 Eno. pc.' Mr. W. Robert Herbert, City Manager 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. Taievi, Assistant City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET CLOSURE OF: Request from the City of Roanoke, represented by W. Robert) Herbert, City manager, that two portions of Thirlane Road,) NW, 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 28th day of October, 1991, notices of a public hearing to be held on the 6th day of November, 1991, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 6510107 6520107 6590101 Owner~ Agent or Occupant Address COVA Corporation atten. Bob Roller 3941 Thirlane Road, NW Roanoke, VA 24012 Jacqueline L. Shuck 5202 Aviation Dr. NW Rke. Reg. Airport Commission , Roanoke, VA 24012 Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of October, 1991. Notary Publi~ My Commission Expires: If