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Home My WebLink AboutCouncil Actions 01-04-932 3 4 5 6 7 10. 11. 1~. 13. 14. SPECIAL SESSION ROANOKE CITY COUNCILAND ROANOKE CITY SCHOOL BOARD January 4, 1993 11:00 a.m. AGENDA Call to Order. Roll Call of Council Members. Roll Call of School Board Members. Invocation. Welcome and introductory remarks. Mayor Bowers. Introductory remarks. Chairman Pincus. Review of 1993 Legislative Program. Wllburn C. Dlbling, City Attorney. Recognition of Co-Chairmen of Legislative Committee for remarks. Recognition of City Council and School Board Members for any additional remarks. Remarks by City Manager. Remarks by School Superintendent. Recognition of the City's representatives to the 1993 Session of the General Assembly for remarks. Concluding remarks. Mayor Bowers. Adjournment. David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 December 30, 1992 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a special meeting of the Roanoke City Council on Monday, January 4, 1993, at 11:00 a.m., in the City Council's Conference Room. The purpose of the meeting will be to discuss the City's 1993 Legislative Program with the City's representatives to the 1993 Session of the Virginia General Assembly. Best personal regards. Sincerely, David A. Bowers Mayor DAB: gd pc.' Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Mary F. Parker, City Clerk Mr. Robert H. Bird, Municipal Auditor Mr. Wiliard N. Claytor, Director of Real Estate Valuation David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 December 30, 1992 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to Section 10, Meetings of Council, of the Roanoke City Charter, I am calling a special meeting of the Roanoke City Council on Monday, January 4, 1993, at 11:00 a.m., in the City Council's Conference Room. The purpose of the meeting will be to discuss the City's 1993 Legislative Program with the City's representatives to the 1993 Session of the Virginia General Assembly. Best personal regards. Sincerely, David A. Bowers Mayor DAB: gd pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Ms. Mary F. Parker, City Clerk Mr. Robert H. Bird, Municipal Auditor Mr. Willard N. Claytor, Director of Real Estate Valuation MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 16, 1992 Mr. Finn D. Pincus, Chairman Ms. Marilyn L. Curtis Mr. Charles W. Day The Reverend C. Nelson Harris Ms. M. Wendy O'Neil Mr. Clubert G. Poff Mr. James M. Turner, Jr. Dr. Frank P. Tota, Superintendent of Schools Ladies and Gentlemen: On behalf of the Mayor and Members of the Roanoke City Council, I would like to invite the Members of the Roanoke City School Board to join Council in a special session with the City's delegation to the 1993 Session of the General Assembly of Virginia for the purpose of discussing the 1993 Legislative Program of the City of Roanoke and the Roanoke City Public Schools. The meeting will be held on Monday, January 4, 1993, at 11:00 a.m., in the City Council's Conference Room, fourth floor of the Municipai Building. The Council extends a cordial invitation for you to be our guest for lunch immediately following the meeting. With best wishes for a happy and joyous holiday season, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw pc: Ms. June S. Nolley, Secretary to the Superintendent, Roanoke City Schools IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of December~ 1992. No. 21284-121492. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 1993 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; and WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the 1993 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated December 14, 1992, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 1993 Session of the General Assembly. 2. The City Attorney is authorized to cause publication of notice of a public hearing with respect to proposed Charter amendments to be held at 2:00 p.m. on January 4, 1993. 2. The Clerk is directed to issue cordial invitations to the City's Senator and delegates to the 1993 Session of the General Assembly to attend Council's Special Meeting relating to legislative matters, the date and time to be arranged. ATTEST: City Clerk. 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 SANDRA H. EAKIN Deputy City Clerk December 16, 1992 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: Pursuant to your request, I have scheduled a special meeting of the Council, the City's delegation to the 1993 Session of the General Assembly of Virginia and the Roanoke City School Board for Monday, January 4, 1993, at 11:00 a.m., in Council's Conference Room. Lunch will be provided immediately following the meeting. With kindest personal regards, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. Robert H. Bird, Municipal Auditor Mr. Willard N. Claytor, Director of Real Estate Valuation 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 SANDRA H. EAKIN Deputy City Clerk December 16, 1992 The Honorable Brandon Bell Member, Senate of Virginia P. O. Box 11341 Roanoke, Virginia 24022-1341 Dear Senator Bell: On behalf of the Mayor and Members of the Roanoke City Council, and the Chairman and Members of the Roanoke City School Board, we look forward to meeting with you on Monday, January 4, 1993, at 11:00 a.m., in City Council's Conference Room, fourth floor of the Municipal Building, to discuss the 1993 Legislative Program for the City of Roanoke and the Roanoke City Public Schools. The Members of Council extend a most cordiai invitation for you to be our guest for lunch immediately following the meeting. With best wishes for a happy and joyous holiday season, I am Sincerely, /~ Mar'y F~P. arker, CMC/AAE City Clerk MFP: sw 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 SANDRA H. EAKIN Deputy City Clerk December 16, 1992 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: On behalf of the Mayor and Members of the Roanoke City Council, and the Chairman and Members of the Roanoke City School Board, we look forward to meeting with you on Monday, January 4, 1993, at 11: 00 a.m., in City Council's Conference Room, fourth floor of the Municipal Building, to discuss the 1993 Legislative Program for the City of Roanoke and the Roanoke City Public Schools. The Members of Council extend a most cordial invitation for you to be our guest for lunch immediately following the meeting. With best wishes for a happy and joyous holiday season, I am Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy Cit:, Clerk December 16, 1992 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 Dear Delegate Woodrum: On behalf of the Mayor and Members of the Roanoke City Council, and the Chairman and Members of the Roanoke City School Board, we look forward to meeting with you on Monday, January 4, 1993, at 11:00 a.m., in City Council's Conference Room, fourth floor of the Municipal Building, to discuss the 1993 Legislative Program for the City of Roanoke and the Roanoke City Public Schools. The Members of Council extend a most cordial invitation for you to be our guest for lunch immediately following the meeting. With best wishes for a happy and joyous holiday season, I am Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. Vice-Mayor The Honorable Mayor and Members of City Council Roanoke, Virginia CITY OF ROANOK:] y CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia24011-1536 '92 BEg 11 P3:22 Telephone: (703) 981-2541 December 14, 1992 Council Members: Elizabeth T. Bowles James G. Harvey, Il Delvis O. "Mac" McCadden Howard E. Musser Will~am White, Sr. Re: 1993 Legislative Program Dear Council Members: On December 8, 1992, City Council's Legislative Committee met to review the proposed 1993 Legislative Program prepared by the City Attorney. After careful review, the Committee approved the Program and recommended that City Council adopt the attached resolution endorsing the Program and commending it to the City's delegation to the 1993 Session of the General Assembly. We call to your attention that the paramount issue presented by the Legislative Program is the City and School Board request that the Commonwealth provide more equitable funding for the City's School Division. Previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life of citizens of this City, and the Program that the Legislative Committee now recommends to you should continue this tradition. Please note that the proposed Charter amendments will require a public hearing, and it is recommended that Council, by motion, establish a public hearing on the proposed Charter amendments for January 4, 1993. The City Attorney has recommended this date which will permit him to complete the required public advertising and still allow for introduction of our Charter amendment bill prior to the first day of the 1993 Session as required by State Code. The City Clerk is currently working on the scheduling of our annual meeting with the City's legislative delegation. As has been the ease in previous years, the School Board WIll also be invited to attend. Thank you for your consideration of the 1993 Legislative Program. Beverly T. Fitzpatrick, Jr. Co-Chair ~ Le, gislat/ve .C ,offfhmi,'ttee William O. White, Sr. Co-Chair, Legislative Committee BTF:WW:mf Attachments The Honorable Mayor and Members of City Council December 14, 1992 Page 2 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk 1993 LEGISLATIVE PROGRAM CITY OF ROANOKE CITY COUNCIL David A. Bowers, Mayor Beverly T. Fitzpatrick, Jr., Vice-Mayor Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" M¢Cadden Howard E. Musser William White, Sr. SCHOOL BOARD Fish1 D. Pincus, Chairman Charles w. Day, Vice-Chairman Marilyn L. Curtis C. Nelson Harris M. Wendy O'Neil Clubert G. Poff James M. Turner, Jr. CITY MANAGER W. Robert Herbert SUPERINTENDENT Dr. Frank P. Tota Wilburn C. Dibling, Jr. City Attorney 464 Municipal Building Roanoke, Virginia 24011 703)981-2431 TABLE OF CONTENTS Introduction ............. Policy Statements ........ Legislative Proposals .... Charter Amendments ....... Appendix ................. Index .................... Page .............. 18 ............. A-1 INTRODUCTION The City Council is pleased to commend this Legislative Program for consideration by the 1993 Session of the General Assembly. The City Council representing all the people of our great City is uniquely qualified to understand the legislative needs of City government and our people. I am of the opinion that this Program is responsive to those needs. With the support of our legislators, and this City is fortunate to have legislators who are most supportive and responsive to the needs of our City and its citizens, I know that our City government and School Division will be improved and that the quality of life for our citizens will be advanced. This Program has been prepared by our City Attorney, Wilburn C. Dibling, Jr., with the assistance of comments and suggestions from Council members, School Board members, City and School administrators and citizens. It has been carefully reviewed by City Council's Legislative Committee consisting of Co-Chairmen Beverly T. Fitzpatrick, Jr., and William White, Sr., and Members Delvis O. "Mac" McCadden, Finn D. Pincus and The Reverend C. Nelson Harris. Upon the recommendation of the Legislative Committee, the Program was adopted and endorsed by City Council on , 1992. See Resolution No. , at App. A-1. The Program consists of three parts. The first part is a series of policy statements which represent the philosophy of Roanoke City Council on a number of important policy issues. Obviously, it is impossible to anticipate all the legislative issues that will arise during the course of any session of the General Assembly, and these policy statements should provide helpful guidance to our legislators throughout the Session. The second part of the Program consists of specific legislative proposals of the City, and the third part consists of recommended Charter amendments. A Resolution requesting the Charter amendments is included at App. A-2. If during the course of the Session our legislators have questions concerning the position of the City on legislative matters, they are encouraged to contact our City Attorney who I know will be pleased to respond after consultation with Council's Legislative Committee or the School Board and any other appropriate officials. I also know that the City Attorney will be in contact with our legislators on many occasions during the 1993 Session, and their consideration of his communications is deeply appreciated. David A. Bowers Mayor POLICY STATEMENTS EFFECTIVE GOVERNMENT Local governments were originally organized to provide essential services and protection that citizens could not or would not provide for themselves. Examples of such essential local services are education, provision for health and welfare, police and fire protection, delivery of safe water, sewage treatment and refuse collection. Local governments and their officials are continually striving for economy, effectiveness, responsiveness, efficiency and productivity in delivery of such services. Unfortunately, the essential services for which local governments were originally created have been overshadowed by numerous less critical programs mandated by the federal and State governments. The federal and State governments should recognize that local governments are the best vehicle for the delivery of basic public services because local governments are closest to the people and most responsive to their needs. Furthermore, basic public services cannot be provided in the most effective way if the State attempts to dictate in minute detail the structure of all local government, the administrative and legislative procedures to be followed uniformly by all local governments and the details of all programs administered at the local level. The City opposes State intrusions in the way local governments conduct their business, including the way council meetings are conducted, procedures for adopting ordinances, what can be addressed by ordinance and what by resolution, purchasing procedures and establishment of hours of work, salaries and working conditions for employees. MANDATES The cumulative effect of State and federal mandates is a significant source of the City's fiscal stress. The City Council and School Board strongly support full funding of all State mandates, including full funding of the State's share of the actual costs of the educational Standards of Quality. Many of the recommendations of the Joint Legislative Audit and Review Commission's (JLARC) study of intergovernmental mandates and financial aid to local governments, completed in January, 1992, are strongly supported. These include requiring that all State agencies attempt to streamline, reduce or eliminate mandates for which they are responsible; requiring that cost estimates as to all proposed mandates be completed prior to the first full review by a legislative committee; and requiring greater local government involvement in implementation of mandates. 1 EDUCATION The Report of the Governor's Commission on Virqinia's Future states that education should be the highest priority of the Commonwealth. Yet, the Report notes that Virginia has not honored its commitment to education. The General Assembly is also urged to provide full funding of the State's share of the actual cost of the Standards of Quality and full funding of categorical educational mandates. In this regard, please see specific legislative proposals at pages 8-10. CLARIFICATION OF STATE AND LOCAL RESPONSIBILITIES The 1991 Session of the General Assembly is commended for requesting that the Joint Legislative Audit and Review Commission (JLARC) undertake a comprehensive review of State and local service delivery responsibilities and the funding mechanisms that support them. The sorting out process of determining which services should be performed by the State and which by its local governments is vitally important, and more rational assignment of service delivery responsibility will advance the interests of the State and local governments. The General Assembly is urged to carefully consider JLARC's recommendations, particularly those relating to State assumption of service delivery responsibility where service or performance standards are defined by federal or State law and/or regulations. GOVERNOR'S ADVISORY COMMISSION ON THE DILLON RULE AND LOCAL GOVERNMENT By Executive Order No. 42, promulgated October 28, 1991, Governor Wilder created the Governor's Advisory Commission on the Dillon Rule and Local Government and charged the Commission with the responsibility of considering current local government powers in the Commonwealth; assessing the ability of local governments to deal with local and regional issues within the framework of existing law; and evaluating the need for changes to the Code of Virginia deemed necessary to provide local governments with improved ability to address local and regional issues. Former Senator J. Granger Macfarlane was appointed to chair the Commission which rendered its report to the Governor in November, 1992. The Commission has performed an important service to the Commonwealth, and its recommendations are commended to the General Assembly. These recommendations include the following: Title 15.1, CountiesI Cities and Towns, of the Code of Virginia should be recodified. Title 15.1 has not been revised since 1962, and persons testifying before the Commission uniformly criticized it as disorganized, inconsistent and confusing. Recodification of Title 15.1 should be carried out in close coordination with local government attorneys and key local government officials. The General Assembly should carefully consider JLARC's recommendations as to the assignment of service delivery responsibilities between State and local governments. The State should consider assuming responsibility for services when service and performance standards are dictated by State law and/or regulation. Also, the ability to raise revenue should more closely correspond to the requirement to provide services. The General Assembly should establish a legislative commission composed of State legislators and local government officials to study and make recommendations relating to the unique problems of central cities in the Commonwealth. While the central cities of the Commonwealth are making a vigorous effort to raise revenues, data provided by the Commission on Local Government demonstrates that they are still suffering from extreme fiscal stress. A thorough study and development of an action plan to address the special problems of central cities is needed. This effort should include an assessment of the impact of the "magnet effect", municipal overburden and related social ills that are unique to urban centers. Amend S15.1-510, Powers of counties, and S15.1-839, General grant of powers to municipalities, to provide that the authority delegated to local governments by the General Assembly shall be broadly construed to effect the purpose of the delegation. Such proposal represents a modest and reasonable relaxation of current restrictions which does not do violence to the principle that local governments can exercise only those powers specifically delegated to them by the Commonwealth. REVENUE AND FINANCE The City is vitally concerned over the continued erosion of local revenue sources. The General Assembly is urged not to cap, remove or further restrict any revenue sources that are currently available to localities, including taxing authority and user fees. Furthermore, the General Assembly should give localities additional 3 authority, such as the one-half cent local option sales tax, to raise adequate local revenues to ensure the continued vitality of local government. Historically, real and personal property taxes have been the foundation of local tax revenues. The State's restriction and erosion of other local sources, however, has resulted in over reliance on property taxes, placing local governments in financial jeopardy. The Joint Legislative Audit and Review Commission's (JLARC's) own study shows that the real property tax rate in Virginia is the second highest among fifteen Southern states and fifty percent higher than nine Southern States. The City supports additional and more equitable sources of revenue, but the decision on which, if any, local revenue sources should be reduced or eliminated should be strictly a local decision. SPECIAL NEEDS OF CENTRAL CITIES WITHOUT ANNEXATION POWER The larger, more urbanized, central cities of the Com- monwealth, such as this City, provide a full range of housing, health, mental health, transportation, social and humanitarian services. School systems in these cities provide excellent special education programs, and private charities located in central cities provide a broad range of charitable assistance. These factors make the Commonwealth's central cities a magnet for those in need of services. Consider these facts: That the City has over 4110 subsidized housing units while Roanoke County and Salem have only 198 and 216, respectively; · That the City's elderly population is at 22% and increasing; That 24.6% of the City's population is below the age of 19 meaning that nearly 47% of the City's population are consumers of governmental services with little ability to pay for these services; and That, by 1991, 44.2% of children in the City Public School System came from economically deprived homes (up from 15.8% in 1980). In spite of these demographic negatives, the City has made tremendous strides in economic development. Downtown has been revitalized; industrial parks have been established; and new businesses and industries have been attracted. It is unlikely, however, that these recent successes can be sustained over the long term. In this regard, the major problem facing the City is an inadequate inventory of developable land. Much of our mountainous terrain is either undevelopable or developable only at tremendous costs. Other land in the heart of the Roanoke Valley is subject to flooding and undevelopable. Roanoke's peculiar problems are compounded by the need of central cities to provide welfare, public safety, transportation, and water and sewer services at a level not required in adjoining suburban or rural localities. These services benefit the entire region, but are paid for primarily by City taxpayers. Historically, the fiscal stress of central cities has been relieved by annexation. Recently, however, the power of annexation has, without logic, been denied to the central cities which need it most. If the central cities of the Commonwealth are to remain strong, viable units of government, which is in the best interest of the Commonwealth, decisive action needs to be taken. Among those actions which should be considered are: Reevaluation of Virginia's unique system of independent cites which imposes upon cities the unfair responsibility of providing regional services without reimbursement from adjoining beneficiary localities; 2. Creation of financial incentives for local government mergers which result in stronger, more viable units of local government; and Special funding by the Commonwealth of those services provided by central cities which benefit the entire region. ECONOMIC DEVELOPMENT Economic development is a way of improving the economy and tax base of the Commonwealth and its localities. Much of the Eastern part of the Commonwealth (the Golden Crescent) has experienced tremendous growth during the 1980's. The City urges the Commonwealth to develop programs for those areas west of the Blue Ridge mountains and central cities across the Commonwealth. Each of these areas will need special financial assistance from the State if we are to have balanced growth across the Commonwealth. According to the Report of the Governor's Commission on Virqinia's Future, Virginia needs an economic development strategy. The Commonwealth is implored to form a partnership with local governments, the business community and economic development experts to develop a statewide economic development strategy. The strategy should recognize the unique economic development problems of Virginia's land poor central cities. It should also include additional educational funding for central cities. With shrinking labor pools in central cities across the State, new and existing businesses cannot afford to have young adults in these cities become unemployable. Special efforts must be made now through additional educational funding to save these at risk children. 5 Tourism and convention activities that enhance the economic well being of the Commonwealth and its political subdivisions should be recognized as legitimate components of economic development. We urge the General Assembly to look closely at the way State tourism dollars are spent and to insure their fair distribution. Western Virginia has, in the past, not received a proportionate share of the dollars spent by the State tourism office, and there has been little emphasis on promoting the Virginia mountains. GOVERNMENTAL IMMUNITY Every session of the General Assembly brings new assaults on the doctrines of governmental immunity for political subdivisions and official immunity for local government employees. These doctrines should be retained, and in fact strengthened, for, among others, the following reasons: Local governments would be forced by loss of immunity to eliminate or cut back high risk functions or services, such as operation of nursing homes, parks and playgrounds and athletic programs, and such action is not in the public interest. Frivolous suits would be encouraged· Local governments would be viewed as a "deep pocket" making them an easy target for plaintiffs who could bring suit without even attempting to identify the employee allegedly at fault. Cost of local government would increase rapidly at a time when localities can ill afford a new major drain on financial resources. Cost of defense of litigation may be a more serious problem than the obvious cost of paying judgments. When the City and an employee are sued, conflicts may require a separate attorney for each party. A recent authoritative study shows that, of every $4 paid out in litigation by local government, $3 goes to legal costs; only $1 actually goes to compensate plaintiffs. Threats of harassing lawsuits may make local government officials less likely to act decisively where courageous or difficult actions are in order. Good government is difficult to achieve when officials operate under con- stant fear of lawsuits. The cap on liability under the Virginia Tort Claims Act is illusory. The $25,000 cap on liability has already been increased to $75,000. Constant pressure will keep the cap spiraling upward. The City is opposed to any extension of the Virginia Tort Claims Act to localities and supports extension of immunity to certain groups of municipal employees and volunteers who are 6 particularly vulnerable to suits which jeopardize the very existence of programs desired by the community. An example of a group of employees and volunteers needing immunity is coaches and officials serving in youth athletic programs sponsored by the City ZONING AND LAND USE One of the most important functions of local governments is local planning and land use control. This is appropriate because there is no entity better suited to make key land use decisions on behalf of any locality than the local governing body. In making land use decisions in this City, Council is guided by a 'comprehensive plan developed through a citizen-based planning process. City Council views with increasing alarm recent efforts of the General Assembly to control local land uses. The Council opposes any legislation that would restrict present land use powers of local governments to establish, modify and enforce zoning classifications. Local governments should remain free to adopt and enforce zoning changes that address local land use needs. 7 LEOISLATIVE PROPOSALS E~DUCATION - EQUITABLE FUNDINO The Governor.s Commission on Educational Opportunity for all Virginians was created in 1990 with the charge of advising the GOvernor and the General Assembly on how to address the problem of educational disparity. In its report to the Governor in February, 1991, the Commission recognized that, in order to address disparity in funding public education, the Commonwealth must (1) increase the size of the entire education budget by providing more funding and (2) redistribute funds so that those school divisions with lower fiscal capacity and those divisions with higher concentrations of students with special needs receive a greater proportion of the total funds. To achieve more equitable funding, the City Council Board urge the General Assembly to adopt the recommendations of the Commission: and School following Revise and fund the standards of quality to acknowledge prevailing practices and to recognize the additional costs of students with special needs, such as those who may be educationally disadvantaged, disabled or in need of remedial assistance. Currently, the Commonwealth.s school divisions provide a higher level of education than is required by the standards. This higher level is achieved by the expenditure of local-only funds. The impact of raising the standards would be to match State Standards to prevailing practices, thus pumping additional State dollars into education. Provide a better measure than the current composite index of the ability of the Commonwealth.s localities to pay for education. The composite index is the ability to pay measure that is currently used to distribute 75% of the State's education funding. Any new measure of local ability to pay for education should more accurately reflect (i) local fiscal stress; (ii) taxpayer ability to pay; and (iii) local funding effort for education. The current composite index is defective in that it does not measure local fiscal stress. While revenue capacity is an important factor, the current formula ignores the expenditure side of the local budget. Central cities, such as Roanoke, must make large expenditures for public safety, health and welfare that are not required of suburban and rural Counties. Fiscal stress should be a part of the formula so that communities with crime, poverty and large numbers of children having special needs (disadvantaged students and those requiring special education or remedial education) are not shortchanged in educational funding. The composite index should also more accurately reflect taxpayer ability to pay. The current composite index appears to overemphasize land values and deemphasize income. The City's residents have a lower adjusted income than residents of surrounding localities and cannot be expected to provide the same level of financial support for education. This inability, however, should not penalize the City's school children. Finally, the composite index should measure local funding effort for education. Forty-two and one-half (42.5) percent of the City of Roanoke general fund budget goes to education. Over the years, City Council has made a Herculean effort to fund education. This effort, which has imposed a heavy burden on the City's taxpayers is far in excess of that made by many local governing bodies. The revised composite index should promote equal local funding effort relative to revenue capacity. Educational funding disparity has been permitted to exist for far too long in the Commonwealth. Adoption of the fiscal recommendations of the Governor's Commission on Educational Opportunity would benefit themaJority of Virginia school divisions and urban school divisions in particular. EDUCATION - METHOD OF CALCULATING STANDARDS OF QUALITY COSTS The City Council and School Board urge the General Assembly to study the methodology used by JLARC in calculating the costs of the Standards of Quality (SOQ) to determine whether the formula accurately reflects the actual costs of meeting the SOQ. The new methodology appears to be inadequate in several respects. First, it artificially lowers the State average salary instead of using actual salary figures. Second, it uses an artificially low limit on the number of professionals per thousand students for which State aid is given. Third, the methodology does not address the cost differences in providing education to students with special needs, such as the inner city school population served by our School Division. Inadequacy of State funding of the SOQ is readily apparent in our own City. For Fiscal year 1992-1993, the General Assembly has set the per pupil cost of the SOQ at $2,796. Actual per pupil cost for City students, however, is estimated to be $4,945 for Fiscal Year 1992-1993. Moreover, the City schools actually received only $1,294 per pupil for this Fiscal Year (including one time hold harmless payment for enrollment loss) after application of the composite index and State sales tax to the SOQ funding formula. 9 EDUCATION - FULL FUNDING OF STANDARDS OF QUALITY The General Assembly should recognize the long standing support of public education by local governments. For many years, local governments have funded educational costs beyond their required share in efforts to provide quality education. Increased funding for education, including full funding of the State's share of the actual costs of the Standards of Quality and full funding of categorical educational mandates, is a top priority of City Council and the School Board. Increased State funding should be achieved without reduction to other funding components of the State's public education budget or to other State funding items affecting local governments. The State has begun to factor public school capital improvement costs into the Standards of Quality and should increase its share of funding such costs. Finally, no changes to educational funding formulas, which would reduce State funding of any school divisions, should be recommended without specific notice of such proposed changes being given to each city and county and each school division. Public hearings should be held with respect to such proposed changes at locations throughout the Commonwealth. Notice with respect to any changes to be presented to any Session of the General Assembly should be given at least ninety days prior to the commencement of the Session. EDUCATION - STATE LITERARY FUND During the last Session of the General Assembly, $192 million from the State Literary Fund was transferred to the General Fund to cover teacher retirement contributions. Only $8.9 million is now available in the Literary Fund to meet State-approved Literary Fund priority 1 construction requests of over $50 million in Fiscal Year 1992-1993. A State Department of Education survey of school construction needs shows needs of $3.3 billion over the next five years. The General Assembly is encouraged to adopt legislation that returns a reasonable level of loan authority to the Literary Fund and to develop other low-cost financial alternatives for school construction funding. EDUCATION - ENROLLMENT LOSS The last Session of the General Assembly continued the enrollment loss provision for school divisions with declining enrollment. This legislation should be continued for the second year of the Biennium in order to protect school divisions with declining enrollment from a substantial loss of State aid. 10 EDUCATION - ELIMINATION OF SCHOOL AGE CENSUS Every three years, all school divisions conduct a census of school age children residing in the locality. The census becomes the basis for the distribution of State educational sales tax to the locality. New methodology using pupil average daily membership (ADM) would reduce the sales tax distribution to urban localities with declining enrollment. It is estimated that Roanoke City would lose over $1.1 million in State educational aid if such a change were to occur. This legislation should be opposed unless it incorporates a mechanism to protect urban school divisions from losing State aid. EDUCATION - SCHOOL OPENING DATE Section 22.1-79 of the State Code requires that local school boards establish school calendars so that the first day of the school year shall fall after Labor Day. This provision creates a hardship for western Virginia school divisions which may have an abnormal number of closing days due to inclement weather. Also, when Labor Day falls on September 6 or 7, it may require the schools to remain open into the third week of June. The General Assembly is requested to grant an exception permitting the Roanoke City School Division to commence its school year prior to Labor Day. EDUCATION - DAY CARE The General Assembly is requested to amend the State Code to authorize the School Board to operate a day care program for children of School Division and City employees. Such program would operate during, before and after school hours. SAFE SCHOOLS School safety and violence are increasing concerns of parents and teachers as co~munity problems are carried over into school activities. The General Assembly is requested to adopt a coordinated and comprehensive legislative package to promote safe classrooms. Essential ingredients of this legislative package should include: Legislation to regulate the sale and possession of handguns, particularly, legislation to keep handguns out of the hands of Juveniles; State funding assistance for security personnel and equipment for schools; 11 Coordination of school safety programs among the appropriate State and local agencies to include the development of school safety audits; State funding assistance to encourage off- campus education programs on a regional basis; and Development of public agency out-reach programs to promote responsibility of parents for the actions of their children. SALES TAX - LOCAL OPTION The City strongly urges the General Assembly to enact legislation authorizing all localities to levy an additional one- half cent local option sales tax, the revenues from such additional tax to be used for general government purposes. This tax authority would be in addition to the one cent local option sales tax now available to cities and counties. If authorized and levied by the City, the Director of Finance estimates an additional $6.36 million would be generated for the City's general fund. TRANSPORTATION - IMPROVED ACCESS TO BLACKSBURG/VIRGINIA TECH Direct access between the Roanoke Valley and Blacksburg/Virginia Tech is important to economic development efforts in Southwest Virginia. The State Transportation Commission has already recognized that a direct link from Blacksburg to 1-81 is a different project from solving traffic congestion on U.S. Route 460 in Montgomery County, and its importance was high-lighted when it was placed in the State's 6-year plan. Thus far, the federal government has allocated nearly $6 million to the "Smart Road" project. The City supports State funding for this important regional project which will be a catalyst for the creation of new jobs in the Roanoke and New River Valleys. PUBLIC LIBRARIES City Council urges full funding of the State Aid Formula for public libraries. Regrettably, the Governor has recommended that only fifty (50) percent of this year's allocation be funded. Approximately, seventy-five (75) percent of the City Library's materials budget comes from State aid. If State aid is cut, the City's general fund will have to make up the difference or purchase of new library materials will have to be significantly reduced. 12 E-911 TELEPHONE SERVICE Section 58.1-3813, Code of Virginia (1950), as amended, limits use of E-911 tax revenues to initial capital, installation and maintenance costs of an E-911 telephone system. Once capital and installation costs have been fully recovered, a locality is required to reduce the tax to the level necessary to offset recurring maintenance costs only. At this time, many E-911 systems need to replace and upgrade equipment and acquire additional equipment. Citizen safety will be enhanced by providing necessary funds to maintain this essential public safety function. Therefore, S58.1-3813 should be amended to permit utilization of E-911 tax revenues for equipment replacement and upgrade and purchase of additional equipment. In this connection, City Council supports House Bill 1087, introduced at the 1992 Session of the General Assembly and carried over. HEALTH - SERVICES FOR DISADVANTAGED CHILDREN Disadvantaged children throughout Virginia are suffering from a lack of affordable health services. In Roanoke City over 4,000 children lack access to comprehensive health care and about 50% of the school age children reside in low-income families -- most of whom do not have adequate health insurance. Teenage pregnancy rates throughout the Commonwealth are at an all time high and continue to escalate. The Roanoke City Schools have limited financial resources to fund health services, and Chapter I funds are now being used to provide three full-time equivalent nurse positions to serve the most needy students. The General Assembly is urged to support funding in the second year of Fiscal Year 1992-1994 Biennium that would provide at least one school health nurse for every 1,000 children residing in the locality (children age 0 to 19 years based on the triennial census of children residing in the locality). The services provided by these additional public health nurse positions would be primarily for disadvantaged children. NURSING HOME The City-owned Nursing Home is subject to State-imposed ceilings on Medicaid reimbursement. This ceiling applies to locally-owned facilities, but does not apply to facilities operated by the Commonwealth. Because the employees of our Nursing Home are better paid than employees in private facilities, Medicaid does not fully reimburse our costs, and our Nursing Home is running a $290,000 annual deficit. The State is urged to treat locally-owned nursing homes the same as State facilities for purposes of Medicaid reimbursement. 13 TRANSPORTATION MUSEUM The General Assembly is urged to restore State funding for the Transportation Museum to the level enjoyed by the Museum prior to the budgetary cuts made in the first year of this Biennium. In the first year of this Biennium, the Museum's State funding was reduced from $110,000 to zero. CORRECTIONS - JUVENILE DETENTION FACILITIES The number of serious crimes committed by juveniles has caused an acute shortage of secure detention beds in juvenile detention facilities throughout the Commonwealth. The situation is no different in Roanoke. Review of recent statistics reflects the following utilization rates for our local facility: 102% in Fiscal Year 1991; and 118% for Fiscal Year 1992; and 119% in 1993 (projected). The projected cost of expansion of the City's juvenile detention facility is $3.0 million. State law requires the Commonwealth to reimburse localities up to one-half the cost of construction or enlargement of a Juvenile detention home. See S16.1-313, Code of Virginia (1950), as amended. The State, however, has imposed a moratorium on funding costs of new juvenile detention beds. The 1993 Session of the General Assembly is urged to lift the moratorium and appropriate one-half the cost of expanding the City's juvenile detention facility. The Commonwealth is also urged to assume a fair share of the costs of maintaining and operating Juvenile detention facilities. Since 1982, when the block grant program for juvenile detention was initiated, the Commonwealth's funding of this program has eroded from 82% to approximately 61% in Fiscal Year 1992. If the City is to expand its Juvenile detention facility in partnership with the State, then the State must assume a fair share'of operating costs. CORRECTIONS - JAIL OVERCROWDING The Roanoke City Jail was occupied on June 26, 1979, and currently has a rated capacity of 216 inmates. Although all cells in the Jail were originally designed for single bunks, all cells are now double bunked. On Sunday, September 20, 1992, the jail reached an all time high count of 501 inmates. At any given time, approximately 40% of the inmates in the Roanoke City Jail are a State responsibility even when the State's very restrictive definition of "State responsible prisoner" is applied. Prior to July 1, 1991, the definition of a "State responsible prisoner" (one that should be transferred to the State penal system) was a felon with a sentence in excess of six months. In July 1, 1992, the State changed the definition to a felon with a sentence in excess of two years, thereby considerably reducing 14 the State's responsibility. Currently, the Department of Corrections is mandated by State law to be in a position by July 1, 1996, to receive into the State correction system all State responsible prisoners within sixty days of receipt of the final order of commitment by the local circuit court. The joint committee to study financing mechanisms for jail construction created by House Joint Resolution 148 during the 1992 Session of the General Assembly is currently reviewing the State and local Jail overcrowding issue. Until the committee has completed its work, a moratorium has been placed on approval by the Board of Corrections of any additional jail construction projects. Prior to the moratorium, the State would reimburse 50% of the approved jail construction costs for non-reqional jails in an amount ranging from $300,000 to $1,200,000. There was no cap on the State reimbursement for reqional jail construction projects, i.e. jails constructed and operated jointly by three or more localities. City Council urges the General Assembly to meet its commitment to receive all State responsible prisoners into the State Corrections system by July 1, 1996. The General Assembly is also urged to reimburse 50% of the total construction costs for expansion or construction of non-regional jails. Although regional jails may represent a reasonable alternative for small Jurisdictions, the State's policy of favoritism toward regional facilities is most unfair to the larger cities for which the regional alternative is simply not realistic. CURFEW VIOLATIONS A Citizens' Task Force recently recommended that the City's curfew ordinance be modernized and streamlined. Subsequently, City Council adopted a new ordinance, and the City administration, in conjunction with the Juvenile and Domestic Relations District Court and its Court Service Unit, developed and implemented a Juvenile citation program which provides for Juvenile Court intervention in the case of repeat offenders. Dlspositional alternatives, however, are severely limited because curfew violation is considered a status offense. In order to provide teeth for local government curfew ordinances, the General Assembly is urged to amend Title 16.1 to treat violation of local curfew ordinances the same as a traffic violation. Availability of fines and driver license revocation as dispositional alternatives in curfew cases would create a substantial deterrent to recidivism. 15 ECONOMIC DEVELOPMENT - INDUSTRIAL DEVELOPMENT AUTHORITIES TO fully utilize the powers of industrial development authorities, cities and towns should be authorized to give or lend funds or other municipal property to authorities for economic or industrial development. Section 15.1-511.1, Code of Virginia (1950), as amended, authorizes counties to give or lend county funds or property to authorities. This power does not extend to cities and towns. See Report of Attorney General (1970-1971 at 399. Specifically, a parallel section should be enacted to authorize municipalities to give or lend funds or property to authorities or commissions for any public purpose. FREEDOM OF INFORMATION ACT The City Council strongly supports the free flow of information to citizens and the media through conduct of governmental affairs in the open, in good faith compliance with the Freedom of Information Act. It is recognized, however, that it is in the public's best interests to discuss some matters privately prior to official action. Accordingly, extension of limitations on closed meetings and exempt records which upset the Act's careful balance between a fully informed public and matters the premature release of which would not be in the best interests of the City or its citizens. The City believes that amendment of the Act to require production of customized computer records would be unwise. In addition, localities should be able to continue charging reasonable fees for computer records that must be provided under the Act. NOTICE OF CLAIMS Section 8.01-222, Code of Virginia (1950), as amended, requires that notice of personal injury and property damage claims against cities and towns be given in writing within six months after the occurrence. Compliance with S8.01-222 is simple; a claimant merely needs to state the nature of the claim and the time and place at which the injury occurred. Bills have been introduced at several recent Sessions of the General Assembly to repeal this valuable notice requirement. Although compliance with S8.01-222 is simple, the notice requirement is vital to the Commonwealth's cities and towns. First, the notice provides the opportunity to correct any defect on public property which may have caused injury before another injury occurs. Second, the notice requirement affords the city or town a fair opportunity to investigate the facts and circumstances relating to a claim. The city has hundreds of miles of streets and sidewalks and usually becomes aware of a slip and fall or trip and fall only when notice is filed. Fresh notice is essential to the conduct of any meaningful investigation. If ~8.01-222 is repealed, 16 cities and town will frequently first learn of a claim two years after the fact when suit is filed. This will deny any reasonable opportunity to conduct an investigation of the facts and circumstances relating to the injury. In this regard, a locality is unlike a private property owner who is usually aware immediately of an injury on his property. The City believes that the notice requirement of S8.01-222 represents sound public policy and urges the defeat of any bill weakening or repealing S8.01-222. EXTENSION OF OCCUPATIONAL DISEASE PRESUMPTION~ Police officers, deputy sheriffs and firefighters have the advantage of nearly irrebutable presumptions that heart disease and hypertension are occupational diseases under the Workers' Compensation Act. Firefighters have an additional presumption with respect to lung disease. The City currently has a Workers' Compensation Act liability of $2.6 million for heart, hypertension and lung awards made to public safety officers as a result of the statutory presumption. Without stating any opinion as the wisdom of the current presumptions, the City urges the General Assembly not to extend the occupational disease presumption to new diseases, such as cancer. The high incidence of cancer among Americans is known to all of us, and, as terrible as this disease is, it should not be the subject of a work related presumption. COLLECTIVE BARGAINING Any legislation authorizing collective bargaining for public employees in general or for any public employee group should be opposed. Ail public employees now have effective grievance procedures. Both the City and the School Board have developed effective means of communication which permit public employees to voice their concerns. Collective bargaining would be a detriment to the progress which has been made. 17 CHARTER AMENDMENTS ARCHITECTURAL REVIEW BOARD - DELEGATION OF POWERS TO AGENT Section 15.1-503.2, Code of Virginia (1950), as amended, authorizes City Council to adopt an ordinance providing that no building in a historic district shall be altered or restored without approval of the Architectural Review Board ("ARB"). The requirement that the ARB act on minor alterations to fences, awnings, decks, etc., creates unnecessary hardship and delay to citizens. Therefore, it is recommended that the City Charter be amended to empower a duly authorized agent of the ARB to review and approve such minor alterations. Disapproval by the agent of an application would, of course, be appealable to the ARB. Delegation of powers to an agent of the ARB would be analogous to delegation of subdivision review powers to an agent of the Planning Commission under S15.1-473. DESIGN OVERLAY DISTRICTS The City has several neighborhoods which, although not within historic districts, are unique and need conservation and protection from new development which is not in harmony with existing development. Recognizing this need, several neighborhood groups have recently requested action by the City to address inappropriately designed development. In addition, areas such as the Blue Ridge Parkway Corridor, the Roanoke River Corridor and the new Franklin Road/Elm Avenue redevelopment area need protection from inappropriate development. An area plan is also being developed for the Gainsboro area around the Hotel Roanoke, and this area could also benefit from the design overlay concept. To meet this need, the City requests Charter authority to establish design overlay districts to encourage compatible development in areas of the City identified on an adopted comprehensive plan as having unique architectural, scenic or environmental value or in areas designated for redevelopment in accordance with an adopted plan. Design overlay districts and guidelines for construction in such districts would be established by City Council after public notice and public hearing pursuant to S15.1-431, Code of Virginia (1950), as amended. 18 INDEX POLICY STATEMENTS Clarification of State and Local Responsibilities .... 2 Economic Development ................................. 5 Education ............................................ 2 Effective Government ................................. 1 Governmental Immunity ................................ 6 Governor's Advisory Commission on The Dillon Rule and Local Government ................................ 2 Mandates ............................................. 1 Revenue and Finance ................ 3 Special Needs of Cen gAi 6i ig; Annexation Power .................................... 4 Zoning and Land Use .................................. 7 LEGISLATIVE PROPOSALS Collective Bargaining.~ ............................. 17 Corrections - Jail Overcrowding ..................... 14 Corrections - Juvenile Detention Facilities ......... 14 Curfew Violations ................................... 15 E-911 Telephone Service ............................. 13 Economic Development - Industrial Development Authorities ........................................ 16 Education - Day Care ................................ 11 Education - Equitable Funding ........................ 8 Education - Elimination of School Age Census ........ Education - Enrollment Loss ......................... 10 Education - Full Funding of Standards of Quality .... 10 Education - Method of Calculating Standards of Quality Costs ....................................... 9 Education - Pupil Transportation .................... 11 Education - School Opening Date ......... ; ........... 11 Education - State Literary Fund ..................... 10 Extension of Occupational Disease Presumptions ...... 17 Freedom of Information Act .......................... 16 Health - Services for Disadvantaged Children ........ 13 Notice of Claims .................................... 16 Nursing Home ........................................ 13 Public Libraries .................................... 12 Safe Schools ........................................ 11 Sales Tax - Local Option ............................ 12 Transportation - Improved Access to Blacksburg/ Virginia Tech ...................................... 12 Transportation Museum ............................... 14 CHARTER AMENDMENTS Architectural Review Board - Delegation of Powers to Agent ........................................... 18 Design Overlay Districts ............................ 18 CITY OF ROANOKE OFFICE OF THE CITYATTORNEY R£CF~Fv£ P~ 464 MUNICIPAL BUll mING ROANOKE, VIRGINIA 24011 TE~..O.E: ,~.,-~., '92 ~[g 30 P3:03 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI WILBURN C. DIBUNG, JR. Dece[tl]3er 2 9, 19 9 2 KATHLEEN MARIE KRONAU CITY A~OR#EY ASSiSTAHT CITY ATTORNEYS The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 The Honorable Clifton A. Woodrum, Member, House of Delegates P. O. Box 3171 Roanoke, Virginia 24007 III The Honorable J. Brandon Bell Member, Senate of Virginia 3959 Electric Road, S. W. Roanoke, Virginia 24018 Re: City of Roanoke 1993 Leqislative Proqram Dear Vic, Chip and Brandon: On behalf of City Council, I am pleased to enclose an advance copy of the City's 1993 Legislative Program. The Legislative Program was approved by City Council on December 14, 1992. The members of City Council and myself are looking forward to seeing you and discussing legislative issues at our annual Legislative Meeting at 11:00 a.m. on January 4, 1993. As usual, the meeting will be held in City Council's Conference Room. This year, the meeting will be followed by lunch which we all look forward to enjoying with our legislators. Please call me if you have any questions or comments with respect to our Legislative Program. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney Messrs. Thomas, Woodrum and Bell December 29, 1992 Page 2 WCD:f Enclosures cc: The Honorable Beverly T. Fitzpatrick, Jr., Co-Chair, Legislative Committee The Honorable William White, Sr., Co-Chair, ttee ert Herbert, City Manager · Parker, City Clerk Legislative MUSSER 31288 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL January 4, 1993 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order Roll Call. An Present. (Vice-Mayor Fitzpatrick arrived at 2:15 p.m.) The Invocation was delivered by The Reverend Mark A. Graham, Pastor, St. John Lutheran Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. PUBLIC HEARINGS Public hearing with regard to requesting the 1993 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. Mr. Wilburn C. Dibling, Jr., City Attorney. Adopted Resolution No. 31288-010493. (6-0, Vice-Mayor Fitzpalxick was absent.) 2. CONSENT AGENDA (APPROVED 6-0) C-1 ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MAYOR AND MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. A communication from Mayor David A. Bowers 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 authorfies, 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 a matter with regard to the disposition of real property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, and to discuss specific legal matters requiting the provision of legal advice by counsel, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related legal documents, all for economic development purposes. 2 C-3 C-4 C-5 RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter with regard to the disposition of real property for public purposes, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended, and to discuss specific legal matters requiring the provision of legal advice by counsel, pursuant to Section 2.1- 344 (A)(7), Code of Virginia (1950), as amended, specifically being the terms and conditions of various agreements and related legal documents, all for economic development purposes. A report of the City Attorney requesting an Executive Session to discuss a matter with regard to actual litigation being a civil suit filed against the City in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss a matter with regard to actual litigation being a civil suit filed against the City in the Circuit Court for the City of Roanoke, pursuant to Section 2.1-344 (A)(7), Code of Virginia (1950), as amended. A report of the City Manager recommending approval of a proposed schedule for the fiscal year 1993-94 budget study process. RECOMMENDED ACTION: Concur in recommendation. A report of the City Manager with regard to the Virginia Department of Transportation's plans to widen portions of 1-81 through the Roanoke Valley, and the need for lighting of 1-581/Southwest Expressway in the City. RECOMMENDED ACTION: Receive and file. 3 C-6 A report of the City Manager with regard to concerns expressed by Mr. Paul L. Hurd, in connection with frequent occurrences of sewer hack-ups in his residence located at 4970 Florist Road, N. W. RECOMMENDED ACTION: Receive and file. C-7 A report of the City Attorney recommending that Council schedule public hearings for Monday, January 11, 1993, to consider the requests of OCLC Online Computer Library Center, Inc., and the Terumah Foundation, Inc., for exemption of property from taxation. RECOMMENDED ACTION: Concur in recommendation. C-8 A communication from Mayor David A. Bowers with regard to a review of the Blue Ridge Parkway sign policy as it relates to tourism development in the City of Roanoke. RECOMMENDED ACTION: Refer to the City Manager for intervention on behalf of the City. C-9 A list of items pending from July 10, 1978, through December 16, 1992. RECOMMENDED ACTION: Receive and file. C- 10Qualification of James L. Phillips as a member of the City of Roanoke Transportation Safety Commission for a term of four years ending October 31, 1996. RECOMMENDED ACTION: Receive and file. C-11 Qualification of Onzlee Ware as a member of the Mental Health Services Board for a term of three years ending December 31, 1995. RECOMMENDED ACTION: Receive and file. 4 C-12 Qualification of Florine Thornhill as a member of the Roanoke Neighborhood Partnership Steering Committee for a term of one year ending November 10, 1993. RECOMMENDED ACTION: Receive and file. A report of the City Manager requesting that Counc'fl convene in Executive Session to discuss a matler with regard to disposition of publicly held property, in connection with the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to Section 2.1-344 (A)(3) and Section 2.1-344 (A)(5), Code of Virginia (1950), as amended. REGULAR AGENDA 3. HEAR1NG OF CITIZF. NS UPON PUBLIC MATTERS: Request to address Council with regard to a proposed animal control ordinance. Mr. Walker Nelms, Spokesperson. Referred to the City Manager and the City Attorney for study, report and recommendation to Council. Request to address Council with regard to expanding the Roanoke City Jail. Ms. Roberta A. Bondurant, Chairperson, Action Council, Roanoke Valley Poverty Task Force. Deferred indefinitely. 4. PETmONS AND COMMUNICATIONS: ao A communication from the Roanoke City School Board recommending appropriation of funds to certain school grant accounts. Adopted Budget Ordinance No. 31289--010493. (7-0) 5 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: A report with regard to the process of revisions to the City's Pay Plan. Received and filed. ITEMS RECOMMENDED FOR ACTION: A report with regard to the practice of waiving certain rental fees at the Civic Center for organizations utilizing the facility in the name of charity, and the issue of admission tax collection. Concurred in the report. o A report recommending execution of an amendment to the consultant contract with Mattern & Craig, Inc., in an amount not to exceed $60,000.00, for construction administration and oversight relating to the Peters Creek Flood Reduction Project; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31290-010493 and Resolution No. 31291-010493. (7-0) A report recommending execution of purchase orders for payment to Appalachian Power Company for relocation of power poles in connection with the Roanoke River Flood Reduction Project and the Peters Creek Flood Reduction Project; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 31292-010493 and Ordinance No. 31293-010493. (7-0) 6 A report recommending acceptance of the bid submitted by Magic City Motor Corporation for providing three new automobiles for the Sheriffs Department, in the total amount of $39,675.00. Adopted Resolution No. 31294-010493. (6-0, Mayor Bowers abstained from voting.) DIRECTOR OF FINANCE: 1. A financial report for the month of November, 1992. Received and fried. CITY ATTORNEY: A report recommending adoption of a measure providing that the four incumbent members of the Board of Zoning Appeals whose terms expired on December 31, 1992, may be reappointed for one additional term, and that said members would thereafter be subject to term limitation as set forth in Section 2-281.1 of the City Code. Adopted Ordinance No. 31295-010493. (7-0) 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES RESOLUTIONS: AND 7 Ordinance No. 31271, on second reading, rezoning a tract of land located at 3002 Brandon Avenue, S. W., containing .327 acre, more or less, identified as Official Tax No. 1620111, from RM-2,Residential Multi-Family, Medium Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 31271-010493. (7-0) Ordinance No. 31272, on second reading, rezoning tracts of land located at 1702/1704 Greenwood Road, S. W., described as Lot 11, Block 23, Map of Raleigh Court Corporation, and 1708/1710 Greenwood Road, S. W., described as Lot 10, Block 23, Map of Raleigh Court Corporation, Official Tax Nos. 1340101 and 1340103, respectively, from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 31272-010493. (7-0) Ordinance No. 31273, on second reading, rezoning a tract of land located on the southwesterly side of Mexico Way, N. E., containing .78 acre, more or less, identified as Official Tax No. 7110105, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 31273-010493. (7-0) Ordinance No. 31274, on second reading, altering and closing by barricade a portion of Maitland Avenue, N. W., at its intersection with Williamson Road and Woodbury Street. Adopted ordinance No. 31274-010493. (7-0) Ordinance No. 31275, on second reading, amending and revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, such amendments and additions to define new terms, tow truck operation and inoperative vehicle; permit day care centers 8 accessory to churches, synagogues and other places of worship as special exception uses in certain districts and as permitted uses in certain districts; permit day care homes and day care centers accessory to multifamily dwellings of fifty dwelling units or more in certain districts; permit medical laboratories as special exception uses in the C-2 District; permit a tow truck operation as a special exception use in LM and HM Districts; permit the retail sale of goods stored on the premises in LM and HM Districts; amend sign regulations in CN and C-1 Districts; amend general requirements for all day care centers; regulate the storage of inoperative vehicles; amend membership requirements for the Architectural Review Board; require either a basic development plan or a comprehensive development plan with an application for a zoning pesmit; and repeal Section 21-40.1, Open storage or inoperative vehicles in residential or commercial or agricultural districts. Adopted Ordinance No. 31275--010493. (7-0) Ordinance No. 31285, on second reading, authorizing the Mayor to execute an agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke relating to the boundary line between said governmental entities, directing the City Clerk to cause a description of such boundary to be published as provided by law, and directing that certain other actions relating to such boundary line be taken as provided by law. Adopted Ordinance No. 31285-010493. (7-0) A Resolution cancelling the regular meeting of City Council scheduled for January 19, 1993. Adopted Resolution No. 31296-010493. (7-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: 9 Inquiries and/or comments by the Mayor and Members of City Council. Mr. Musser and Mr. Harvey expressed concern with regard to overcrowded conditions at the Roanoke City Jail. bo Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTI4ER HEARINGS OF CITIZENS: CERTIFICATION OF EXECUTIVE SESSION. (7-0) Reappointed Walter L. Wheaton and L. Elwood Norris for terms of two years each, ending December 31, 1994, T. E. Roberts for a term of one year ending December 31, 1993, and Richard A. Rife and Robert R. Copty for terms of three years each, ending December 31, 1995, as members of the Board of Zoning Appeals. Appointed the following persons: Barbara N. Duerk - City Planning Commission Michael A. Grant - Mental Health Services Board Concurred in the reappointment of Dr. Cheri Hmhuan as an at-large member of the Mental Health Services Board. Council authorized the City Attorney to ret_ain the law firm of Woods, Rogers and I-Iazelgrove to represent the City in a law suit brought by David H. Dew with regard to the matter of "prior government service". 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 SANDRA H. EAKIN Deputy City C~erk January 5, 1993 File #51-137-200-249 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31288-010493 requesting the 1993 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. Resolution No. 31288-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, ~/~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc o pc: Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director, Public Works Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Ms. Patti Haynes, Secretary, Board of Zoning Appeals Mr. John R. Marlles, Chief, Community Planning Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. W. L. Whitwell, Chairperson, Architectural Review Board Ms. Evelyn S. Gunter, Secretary, Architectural Review Board 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 SANDRA H. EAKIN Deputy City Clerk January 5, 1993 File #51-137-200-249 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 Dear Delegate Woodrum: I am enclosing two certified copies of Resolution No. 31288-010493 requesting the 1993 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. It is respectfully requested that the amendments be placed in the form of a bill to be introduced at the 1993 Session of the General Assembly. Resolution No. 31288-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 5, 1993. Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. 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 SANDRA H. EAKIN Deputy City Clerk January 5, 1993 File #51-137-200-249 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: I am enclosing two certified copies of Resolution No. 31288-010493 requesting the 1993 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. It is respectfully requested that the amendments be placed in the form of a bill to be introduced at the 1993 Session of the General Assembly. Resolution No. 31288-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 5, 1993. Sincerely, ~C,~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 5, 1993 File #51-137-200-249 The Honorable Brandon Bell, Senator Senate of Virginia Roanoke, Virginia ?.914 Dear Senator Bell: I am enclosing two certified copies of Resolution No. 31288-010493 requesting the 1993 Session of the General Assembly of Virginia to enact certain amendments to the Roanoke Charter of 1952, as amended. It is respectfully requested that the amendments be placed in the form of a bill to be introduced at the 1993 Session of the General Assembly. Resolution No. 31288-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 5, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 4th day of January, 1993. No. 31288-010493. VIRGINIA, A RESOLUTION requesting Assembly of Virginia to enact Charter of 1952, as amended. the 1993 Session of the General certain amendments to the Roanoke WHEREAS, at a regular meeting of the City Council held on January 4, 1993, at 2:00 p.m., in the Council Chamber, 215 Church Avenue, S. W., Roanoke, Virginia, after due and proper publication of the notice of public hearing pursuant to S15.1-835, Code of Virginia (1950), as amended, which notice contained inter alia, an informative summary of the proposed amendments to the Roanoke Charter of 1952 hereinafter referred to, a public hearing with respect to such proposed amendments was held before the City Council at which all citizens so desiring were afforded opportunity to be heard to determine if the citizens of the City desire that the City request the General Assembly to amend its existing Charter in the form and manner hereinafter referred to and as provided in the aforesaid notice; and WHEREAS, upon conclusion of such public hearing and upon consideration of the proposed amendments to such Charter, the Council is of opinion that the 1993 General Assembly should be requested to amend this City's Charter as hereinafter set forth. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The General Assembly of Virginia is hereby requested at its 1993 Session of the General Assembly to amend Section 62 of the Roanoke Charter of 1952, as presently amended, by adding the words hereinafter shown as underscored and deleting the words hereinafter shown as stricken: S62. Zoning. (5.1) In order to facilitate the creation of a convenient, attractive and harmonious community, the council of the city of Roanoke may, after recommendation from the planning commission and public notice and hearing pursuant to S15.1-431, establish design overlay districts to encourage compatible development in areas of the city identified on. an adopted comprehensive plan as having unique architectural~ scenic~ environmental or historic value or in areas designated for redevelopment in accordance with an adopted plan. In such areas, city council may adopt specific standards as to new construction or rehabilitation within view from public streets and provide for a design review process. City council may establish a fee applicable to such design review process which shall not exceed the actual cost of such review process or two hundred dollars, whichever is less. (24) The Council of the City of Roanoke may appoint an Architectural Review Board pursuant to general law of thn Co~u,,onwealth. Such Board shall be authorized to deleqato to an agent its authority to issue any certificate of appropriateness. The agent~ pursuant to such deleqation~ shall act only upon an application completed pursuant to the applicable City ordinancet and shall apply the s~mn guidelines and review standards applicable to the Board. Any person aggrieved by any decision of the agent mado pursuant to this delegation may appeal to the Board within a reasonable time as provided by City ordinance by filing with the Board a notice of appeal specifying tho grounds thereof. 2. The City Clerk is directed to forthwith, as provided by S15.1-834, Code of Virginia (1950), as amended, transmit to each of the members of the General Assembly of Virginia representing the City of Roanoke at the 1993 Session of the said General Assembly two copies of this resolution setting forth the requested amendments to the Roanoke Charter of 1952, as presently amended, to be put into the form of a bill to be introduced at the 1993 Session of the General Assembly. ATTEST: City Clerk. PUbLISitER~S F r- ~- _ f.;IT Y Cl C/O 'iCXY F CiTY CL ~KS iiFx-ICi ROi]c.i %5o qU~iICIPAL ROa!qQF, E V,~ 2~)11 '93 JAN -4 P12:27 STATE tJF VI;lGI'~IC CITY C)F Ni];.NOK: ,:,FF I D;~V [ T ~iF PUi*L lC ~T ION I, ITH iJNf) :~sr ,,i .)) :~,~ AU[iiORIZED REPRESENF~!IIVE OF: TH~ TI ~ES-~iOKLD COR- PORAI'IilN~ ,dqlC~ CI]~Pq~q;~TION IS PUSLISHE~ (DF T;-iF ROA:,:)KF TEh'fES & ~ORLD-NEWS, A TdE STAT~ ,]F VI,,GI'~I4, 00 CERTIFY IHAF TH~ a,N;'~EXF ~ <]TfC~ w~S aUSLISHEO ~N SAID NEWSFAPE~S ),J T:~;': FGLLO4I~G DATES 12/2~/92 wITNESS, ~UTH]PIZ ~0 SIGNATURE NOTICE OF PUBLIC HEARING TO CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that th~ Cour~ll of the City of I NOTICE OF PUBLIC HEARING TO CITIZENS OF THE CITY OF ROANOKE: NOTICE IS HEREBY GIVEN that the Council of the City of Roanoke will, pursuant to S15.1-835, Code of Virginia (1950), as amended, hold a public hearing on Monday, January 4, 1993, at 2:00 p.m., in the Council Chamber, Municipal Building, 215 Church Avenue, in the City of Roanoke, Virginia, at which time citizens of the City of Roanoke shall have an opportunity to be heard to determine if such citizens desire Council to request the General Assembly of Virginia to make certain amendments to the Roanoke Charter of 1952, as amended, which amendments are informatively summarized as follows: Amend subsection (5.1) of S62, Zoning, to authorize City Council, in order to facilitate the creation of a convenient, attractive and harmonious community, to establish design overlay districts to encourage compatible development in areas of the City identified on an adopted comprehensive plan as having unique architectural, scenic or environmental value or in areas designated for redevelopment in accordance with an adopted plan. Add a new subsection (24) to ~62, Zoning, such new subsection authorizing the Architectural Review Board to delegate to an agent its authority to issue any certificate of appropriateness and providing for review standards and a right of appeal. The full text of the proposed amendments to ~62 of the Charter is on file in the office of the City Clerk of the City, Municipal Building, Room 456, 215 Church Avenue, S. W., Roanoke, Virginia. GIVEN under my hand this 21~t day of December, 1992. Mary F. Parker, City Clerk Note to Publisher: Please publish in full once on Thursday, December 24, 1992, in the Roanoke Times & World News. Please send bill and Publisher's Certificate to: Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 January 4, 1993 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, Mayor DAB: se '92 nEC30 P5:13 January 4, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss the disposition of real property for public purposes pursuant to S2.1-344(A)(3), Code of Virginia (1950), as amended, and to discuss specific legal matters requiring the provision of legal advice by counsel pursuant to S2.1-344(A)(7), specifically being the terms and conditions of various agreements and related legal documents, all for economic development purposes. Very truly yours, W. Robert Herbert City Manager KMK:dlJ cc: Mary F. Parker, City Clerk Wilburn C. Dibling, Jr. City Attorney CITY OF ROANOKE OFFICE OF THE CITYATTORNEY 464 MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-15~5 WILBURN C. DIBMNG, JR. January 4, 1993 '92 O£B 30 P2:26 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN ,J. TALEVI KATNLEEN MARIE KRONAU ASSISTANT crt'Y ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss actual litigation being a civil suit filed against the City in the Circuit Court for the City of Roanoke pursuant to ~2.1-344(A)(7), Code of Virginia (1950), as amended. With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:f cc: W. Robert Herbert, City Manager Mary F. Parker, City Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #60 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report recommending approval of a proposed schedule for the fiscal year 1993- 94 Budget Study process, was before the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. On motion, duly seconded and adopted, Council concurred in the proposed schedule. Sincerely, ~oc~-~-. Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. I~it B. Kiser, Director, Utilities and Operations Mr. James D. Ritchie, Director, Human Development Mr. George C. Snead, Jr., Director, Public Safety Mr. Barry L. Key, Manager, Office of Management and Budget E029 P2:55 Office of the City Manager January 4, 1993 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Proposed Budget Study Schedule Fiscal Year 1993-94 Dear Mayor and Members of Council: On December 14, 1992 I forwarded to you a proposed schedule for the Fiscal Year 1993-94 budget study process. My letter requested that you review the proposed schedule and advise my office if any of our suggested dates and times conflicted with your schedules. In that we have received no changes from any member of Council, this is to request that you formally approve the attached schedule of activities, dates and times in order that we might finalize all the arrangements necessary to move forward with the budget study process. Sincerely, W. Robert Herbert City Manager WRH:DSA Attachment cc: Chairman, Roanoke City School Board Superintendent of Schools City Attorney City Clerk Director of Finance Director of Human Development Director of Public Safety Director of Public Works Director of Utilities and Operations Manager of Management and Budget Room 364 Municipal Building 2 t 5 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 98t -2333 PROPOSED BUDGET STUDY SCHEDULE FOR CZTY COUNCIL FISCAL YEAR 1993-94 D&te Budqet Preparation Activities April 19, 1993 April 19, 1993 April 26, 1993 May 4-7, 1993 May 10, 1993 Public presentation of Fiscal Year 1993- 94 recom/nended budget to City Council by City Manager. Advertisements of public hearings on recommended budget and tax rates appear in newspaper. Public hearings on recommended budget and tax rates - Civic Center Exhibit Hall (7:00 p.m.) City Council budget study work sessions. City Council adopts General Fund and Enterprise Fund budgets and approves an annual appropriation ordinance. REC~I¥EtS [:tTY CI ~ ~ ~'~ '92 DEB 29 filO:O0 Roanoke, Virginia January 4, 1993 Honorable Mayor David A. Bowers and Members of Roanoke City Council Roanoke, Virginia 24011 Dear Mayor Bowers and Council Members: Subject: VDOT Plans to Widen 1-81 Lighting 1-581/Southwest Expressway At City Council's regular meeting on December 7, 1992, Mayor Bowers requested the City administration to inquire of the Virginia Department of Transportation (VDOT) as to their announced plans to widen portions of 1-81 thru the Roanoke Valley and also express the need for lighting of 1-581/ Southwest Expressway in the City. There is attached for Council's information a letter dated December 14, 1992, which I have received from Fred Altizer, Jr., Salem District Administrator for VDOT concerning these matters. We will continue to pursue the question of lighting for I- 581/Southwest Expressway, particularly the interchanges. Council will be advised when we receive any additional information. Respectfully, W. Robert Herbert City Manager WRH/WFC/hw Attachment cc: City Clerk City Attorney Acting Director of Finance Director of Public Works Traffic Engineer RAY D. PETHTEL COMMISSIONER ' ' COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION " P O BOX3071 SALEM, 24153 December 14, 1992 DISTRICT ADMINISTRATOR Mr. W. Robert Herbert, City Manager City of Roanoke Room 364, Municipal Building 215 Church Ave., S.W. Roanoke, VA 24011-1591 Dear Mr. Herbert: RE: 1-81 Widening In regard to your letter of December 9, the Department is in the very early planning stages for adding additional lanes on 1-81. Currently the six-year plan contains funds to begin preliminary engineering for approximately a 40-mile section of 1-81 from the intersection of Route 460 at Christiansburg to the south Buchanan exit at the Route 11 intersection in Botetourt County. This will occur in several stages. At this time, we do not have sufficient information to determine the extent of impact on 1-581 intersection as a result of this widening. I would anticipate there would be major changes in the configuration of this intersection due to the capacity level which will be required. As plans and concepts are developed along this corridor, I will be glad to keep you advised. I realize the importance of 1-581 to the City of Roanoke. To answer your final question, there are no plans to include lighting for 1-581 and the Southwest Expressway. By copy of this memorandum, I am passing your concerns about lighting along to our Program and Scheduling Division. Thank you for your interest in our highways and I trust the holidays will bring you good tidings. FCA/ab Mr. Mr. Jack s. Hodge w/att. Claude Garver w/att. Sincerely, [*red Alti~er, Sr. District Administrator TRANSPORTATION FOR THE 21 ST CENTURY MARY F. PARKER ~ty CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ~,56 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #27-66-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to concerns expressed by Mr. Paul L. Hurd, relating to frequent occurrences of sewer back-ups in his residence located at 4970 Florist Road, N. W., was before the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. On motion, duly seconded and adopted, the report was received and filed. Sincerely, ~0~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Paul L. Hurd, 4970 Florist Avenue, N. W., Roanoke, Virginia Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. DibHng, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer 24012 '92 BEO29 P2:55 Roanoke, Virginia January 4, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Sewer Back-up Complaint - Mr. Paul Hurd 4970 Florist Road, N. W. Background: A. Frec~uent occurrences of sewer back-ups were identified by Mr. Paul Hurd to City Council at Council's December 7, 1992 meeting. Mr. Hurd asked if something could be done to prevent those back-up occurrences. B. Investigation and report back to City Council was requested of the Office of the City Manager. C. Attached map shows the following: 1. Main sewer line serving the majority of the Crossroads Mall area and some of the residential and commercial areas of Williamson Road is shown by blue highlighter. This line serves several restaurants which, when combined with food disposal appliances in dwellings, causes considerable grease from food waste to be discharged into the sanitary sewer line. Sewer lines serving commercial areas are also prone to receive bulkier items such as disposable diapers and sanitary napkins. 2. Local sewer line serving Mr. Hurd's immediate area is shown by red highlighter with Mr. Hurd's residence shown by green highlighter. 3. Possible re-routing of sewer line to increase the sewer slope and capacity is shown by yellow highlighter. D. Primary sewage flow from the commercial area is down Vincent Avenue to Florist Road, then left on Florist Road for a short run of relatively flat grade (slope) to a right turn through an easement to the interceptor line (not shown). II. Current Situation: ao Sewage flow with dissolved grease and other material leaves the commercial area. As the flow temperature cools, grease builds up on the inside of the sewer pipe and on other material in the sewage stream all of which starts to restrict the flow of sewage. The flow comes to the relative flat slope in the Florist Road sewer line where the carrying capacity of the pipe is further restricted. The local flow from Mr. Hurd's neighborhood comes to the manhole at the intersection of Florist Road and Vincent Avenue and tries to compete with the flows from the commercial area. When the grease and other material build up sufficiently to reduce the capacity needed to carry the flow, there is a back-up in the line in Florist Road and at Mr. Hurd's residence. Page 2 Co Do Trouble checks have been made on this line periodically by Utility Line Services (ULS) personnel. When it becomes visually apparent that the flow was becoming restricted, ULS personnel would clean the line by cutting out the grease on the inside of the pipe and remove other obstructing material. Twice-a-year routine cleaning, or more frequent when a maintenance problem was evident from visual inspection, has previously been our operating procedure. Sometimes the line would back up without being "caught" on a trouble check. U~stream back-u~ occurred on Nove~ber 29 in the 1100 block of Maitland Avenue (near Williamson Road) affecting 5101 Airport Road. Significant amounts of grease were encountered when the line was cleaned. So Fo Back-u~ occurred in Florist Road on November 30, 1992. ULS personnel cabled the line, got the flow going, but could not determine the cause of blockage. The line was cabled and cleaned from Mr. Hurd's house to the church at 5110 Florist Road. A piece of terra cotta pipe was removed at that time. Another back-up occurred in Florist Road on December 3. Again, the line was cabled and unstopped by ULS personnel. Probable cause of the back-ups in the Florist Road sewer was chunks of grease and other material loosened during the cleaning of the Maitland Avenue sewer that did not wash down to be removed by ULS personnel at the time of cleaning but washed down later to cause partial blockages in the Florist Road sewer on November 30 and December 3. III. Solutions being attempted: Increase line cleanin~ frequency from semi-annual to quarterly. Continue to offer to reimburse Mr. Hurd and his immediate neighbors for backflow valve installations should they so desire. Continue visual inspections of the trouble prone area. Investigate possible re-routing of the sewer line, shown in yellow highlighter, across Friendship Manor property to increase the sewer line slope and increase the flow capacity. A letter has been sent to the Manager of Crossroads Mall and followed up with a telephone conversation concerning the need to reduce the amount of grease being discharged into the sewer line. WRH:KBK:afm Attachment cc: City Attorney Director of Finance Director of Utilities & Operations Manager, Utility Line Services City Engineer Mr. Paul Hurd, 4970 Florist Road, N. W. Respectfully submitted~ W. Robert Herbert City Manager 0 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., RoOm 456 Roanoke, Virginia 2~1 l Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Cierk January 7, 1993 File #79-169-137-215-323 Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: Your report recommending that Council schedule public hearings for Monday, January 11, 1993, to consider requests for tax-exempt status from OCLC Online Computer Library Center, Inc., and the Terumah Foundation, Inc., was before the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. On motion, duly seconded and adopted, Council concurred in the recommendation. Sincerely, ~/)~_j~,(~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: Mr. Rick J. Schwieterman, Vice President Finance and Treasurer, OCLC Online Computer Library Center, Inc., 6565 Frantz Road, Dublin, Ohio 43017-3395 Mr. Charles H. Osterhoudt, Attorney, Osterhoudt, Ferguson, Natt, Aheron and Agee, P. O. Box 20068, Roanoke, Virginia 24018 Ms. Beverly A. James, City Librarian The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. James D. Ritchie, Director, Human Development WiLBURN C. DIBLINO, JR. January 4, 1993 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Requests o£ Terumah Foundation and OCLC Online Computer Library Center, Inc. for exemption of property from taxation Dear Mrs. Bowles and Gentlemen: At the City Council meeting of December 7, 1992, the Terumah Foundation and OCLC Online Computer Library Center, Inc. presented their requests for the support of this Council of their requests to the General Assembly to be designated exempt from taxation pursuant to Article X, Section 6(a)(6), of the Constitution of Virginia. Pursuant to §30-19.04 of the Code of Virginia (1950), as amended ("State Code"), a resolution supporting or refusing to support such exemption can be adopted only after a public hearing on such exemption. I would, therefore, recommend that this Council set a public hearing on these requests for January 11, 1993. This office will prepare the required notice of public hearing. Following the public hearing, Council may pass an appropriate resolution. The State Code provides that no committee of the General Assembly shall consider a request for tax exemption without a resolution from the local governing body supporting or refusing to support the request. This requirement would not prevent the organizations from introducing their legislation prior to the first day of the Session as required by §30-19.1:2 of the State Code. Consideration of the requests by committee would merely be delayed until Council acts on January 11, 1993. I shall be pleased to address any questions that City Council may have in this matter. The Honorable Mayor and Members of City Council January 4, 1993 With kindest personal regards, I am Sincerely yours, Wilburn C. Dibling, Jr. City Attorney WCD:kmk cc: The Honorable Jerome S. Howard, Jr., Commissioner of Revenue W. Robert Herbert, City Manager James D. Grisso, Acting Director of Finance William F. Clark, Director of Public Works James D. Ritchie, Sr., Director of Human Development Rick J. Schwieterman, Vice President Finance and Treasurer, OCLC Charles H. Osterhoudt, Esquire MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #293-107~450 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a communication from Mayor David A. Bowers with regard to a review of the Blue Ridge Parkway sign policy as it relates to tourism development in the City of Roanoke, which Communication was before the Council of the City of Raonoke at a regular meeting held on Monday, January 4, 1993. On motion, duly seconded and adopted, the matter was referred to you for intervention on behalf of the City. Sincerely, Mary F. Parker, CMC/AA'E City Clerk MFP: s m Eno o pc: Ms. Martha A. Mackey, Executive Director, Roanoke Valley Convention & Visitors Bureau, p. O. Box 1710, Roanoke, Virginia 24008 Dr. M. Rupert Cutler, Director, Environmental Education Center of Virginia, The River Foundation, 101 S. Jefferson Street, Sixth Floor, Roanoke, Virginia 24011-1311 Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney David A. Bowers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1 $94 Telephone: (703) 981-2444 December 30, 1992 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: I wanted to share with you the enclosed correspondence dated December 11, 1992, from the Superintendent of the Blue Ridge Parkway. Also enclosed is a letter dated November 10, 1992, from my office reiterating to the Superintendent the comment made in the recent Southern Living magazine article about Roanoke. It is important for tourism development in our City that we become involved in the in-house review of the Blue Ridge Parkway sign policy. With millions of travelers each year on our portion of the Parkway, we need signs that clearly invite them to view our Star, our Mill Mountain Zoo and to know of the easy access to downtown Roanoke. I would respectfully request that this matter be placed on the Consent Agenda for our regular meeting on January 4, 1993, and thereafter, be referred to the City Manager for his intervention on behaif of the City. Happy New Year! Sincerely, David A. Bowe~t Mayor DAB: gd Enclosure pc: Ms. Martha A. Mackey, Executive Director, Roanoke Valley Convention & Visitors Bureau, P. O. Box 1710, Roanoke, Virginia 24008 Dr. M. Rupert Cutler, Director, Environmental Education Center of Virginia, The River Foundation, 101 S. Jefferson Street, Sixth Floor, Roanoke, Virginia 24011-1311 Ezera Wertz weighs produce at his stand at the Farmers Market, as his family has done for generations. Down wn It's the best time in the Blue Ridge. The leaves of fall still burn like em- bers, the fields are dressed in golden coat with frosty tons, and the sky is washed in a b as delicate as porcelain. Soon will meringue the fields, beauty of this land. The Blue Ridge Parkway fight is busy with cars twisting over ~ tortuous length of the 469-mile: drive, which runs from Virginia to North Carolina. Tourists are driving past mountains cloaked in Popsicle colors, and through spots called Devil's Backbone and Rakes Millpond, Groundhog Mountain and Fancy Gap. They're watching waterfalls leap off bony ridges and deer move through mead- ows bronzed by the morning sun, they're visiting gristmills where,, old, wooden waterwheels groan under the press of years. What they're not doing--at least not 22 SOUTHERN LIVING WEEKEND terrific place. remains the Market, a v lection and Uptown under yellow and silver awnings in Creamy old- treetlights bathe the lanes the market in dusky light, and flowerpots cascade in or- reds, and whites. Wertzes still display their and sourwood honey in the as they have for four genera- tions, and the Agnews still sell their garden tools and seeds, as they've done since 1897. A lot of families have been sell- ing their products on this old square for more than a century. The Roanoke Weiner Stand (or Hot Dog King) is still selling chubby hot dogs, as it has for 76 years, and just up the street the Tavern ("We seat 1,000 peo- 10 at a time," a sign announces) serves up the meanest bowl of chili in town--24 hours a day, 7 days a , as it's been doing for 62 years. fi at Fire House No. 1 the fire- men still sleep on the second floor and slide down brass poles to mount their engines and tear off in search of flames, just as they d/d in 1908. These Roanoke legends and trsdi- tions have recently been joined by a wave of welcomed newcomers who have opened coffeehouses and art gal- leries, bookstores and restaurants, clothing stores and antiques shops that surround Market Square like nursing puppies. A day's browsing in the easily walk- able market area may bring you [o Gallery 3, where you can enjoy prints and oils, hand-blown glass, hand- thrQwn pots, and whimsical dream boxes. Next door is Wertz's, where homemade elderberry jelly and apple butter crowd the shelves, nudging aside barbecue sauce and brownies. Up the way is Agnew's Seed Store, where you can buy a sack of roasted- right-here peanuts and think about how that rosemary grape vinegar on the middle shelf might taste on your salad at home. Then step across to Phoenix: The Earth Store, an envi- ronmentally conscious place where New Age music drizzles over counters filled with ammal pictures and postcards, wind chimes and T-shirts, and Rain Forest Crunch Burs. All very contemporary, but the store's wooden floors creak with age, and the ceiling is pressed tin. You can stop by the Emerson Creek Pottery outlet on the corner of Salem and Market Streets to buy a When the days are cool and cloudy, there's not a better ptace to warm up than Mill Mountain Coffee and Tea. slightly irn. perfect floral_vase for $2.50, or pick up a perfect $300 fly rod at Orvis, just a couple of blocks away. (The Vermont-based sporting goods merchant has its distribution center in Roanoke and also has an outlet store nearby.) Enjoy a cup of freshly roasted cof- fee from Papua New Guinea at Mill Mountain Coffee and Tea; then visit Books, Strings and Things to investi- gate its outstanding collection of Vir- ginia books. In addition to shelves of reading material, CDs and cassettes feature bluegrass and jazz. You're probably hungry by now, and that's good news because there's a world of cuisines surrounding Mar- ket Square. The food court in the old market building is a culinary gumbo, mixing Zorba's Greek, and Middle Eastern food and Tony s Pizza, Sei- bu's Japanese and Three Li'l Pigs bar- becue. Up the block at 312 Market, Carlos serves excellent Brazilian cui- sine (you must try the crabmeat in co- conut milk), and at 105 South Jefferson, Alexander's will spoil you with grilled duck breast in raspberry butter or veal and shiitake mush- rooms. The cuisine is American, in- formal, and fun at places such as Corned Beef & Co. (great jazz and blues on Thursday and Saturday nights), Billy's Ritz (the back room is blessedly quiet), and Macado's (a an- per dell and a good wine selection). Joey Coakley examines crockery at Emerson Creek Pottery in Roanoke. . This dining and shopping resur- gence in downtown Roanoke came on the heels of the 1983 opening of Cen- ter in the Square, a vital collection of museums, theaters, and galleries in the middle of town. The facility includes several muse- urns--Roanoke Museum of Fine Arts, The Pats Council of the Blue Ridge, Roanoke Valley History Museum, and Science Museum of Western Virgima (great hands-on fun for kids). Mill Mountain Theatre, which stages year-round performances by a profes- sional theater company, is also here. Next month it will present It's a Won- derful Life, a play that nicely de- scribes a day in Roanoke. See for yourseff. This year take a quick detour off the Blue Ridge Park- way. Just make sure to check the map so you~l know where to turn. Michael Carlton Roanoke has a number of chah ho- tels, including Marriott, Sheraton, Comfort Inn, Holiday Inn, and Quality Inn. Downtown's Patrick Henry Ho- tel, which is an easy (and safe) walk_ from Center in the Square, has been restored and offers sumptuous rooms and suites, all complete with kitchen- ette, beginning at $79 a night (1-800- 833-4567). There is hope the landmark Hotel Roanoke will be re- stored and opened by 1995. For more information write the Roanoke Valley Convention and Visi- tors Bureau, 114 Market Street, Roanoke, Virginia 24011-1402; or call 1-800-635-5535. l~d A. BOwers Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W. Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 November 10, 1992 Mr. Gary Everhardt, Superintendent Blue Ridge Parkway United States Department of the Interior National Park Service 700 Northwestern Bank Building Ashevllle, North Carolina 28801 Dear Mr. Everhardt: Please allow me to share with you the enclosed article from the November, 1992, issue of Southern Ltvin ma z ~ ouuL~mrn ~.avln .ga ine r~.~ardtng our wonderful downtown Roanoke. As you r~now, our center city IS Just r,l~utes and a few miles from the Blue Ridge Parkway. It is reffPettable that there is no better sigxlage along the parkway directing some of your 26 mil!ion people (I sm told appro~,mtely 8 million along our portion) to come into Roanoke. The City built an easy access parkway extension spur to connect to the Blue Ridge Parkway ninny years ago, but still it is not well known to trsvellers that they can enter into downtown Roanoke so easily. I wanted to ask you, respectfully, to consider this matter additionally and see if there is anything further that the Blue Ridge Parkway can do to bring tourists into downtown Roanoke. In addition to our historic City Market, we have the Virgtnt, Museum of Transportation, Center in the Square with museums and theaters, and the best shopping, restaurants, and lodging facil/ties avst!~ble anywhere in this part of the Commonwealth. ThAnk you for anyth/ng else you can do on our behalf. DAB:Jas Enclosure pc: David A. Bowers Mayor Members, Roanoke City Council Mr. W. Robert Herbert, City Manager Mr. Wllburn C. DibHng, Jr., City Attorney Mr. James D. Grisso, ActtnZ Director of Fin--ce Ms. Martha A. Mackey, Executive Director, Roanoke Valley Convention and Visitors Bureau D66 United States Department of the Interior NATIONAL PARK SERVICE BLUE RIDGE PARKWAY 200 BB&T Building One Pack Square Asheville. North Carolina 28801 December 11, 1992 Honorable David A. Bowers Mayor of City of Roanoke 215 Church Avenue S.W., Room 452 Roanoke, Virginia 24011-1594 Dear Mayor Bowers: In response to your letter of November 10, I am happy to inform you that we now are ~n the process of conducting an in-house review of the Blue Ridge Parkway sign policy. The goal of this review is to determine what might be done, if anything, to better inform our visitors about off- Parkway services and attractions, including those in the City of Roanoke. Please understand that this is not a simple process. A number of staff members contend, with justification, that the present Parkway sign policy has served us well for many years. They insist that we be extremely careful about setting new precedents, and correctly point out that any revisions to the present policy will affect the entire 470-mile Parkway. However, practically everyone on the staffaccepts the possibility that we do not now provide visitors with the type and amount of information required to fully experience the many facets of the Parkway region. They are willing to explore this possibility and, if they determine it to be a fact, to suggest remedial measures. In addition, we have had preliminary discussion on this subject with Roanoke County interests who share your concerns. We will be pleased to participate in further discussion that would include the City of Roanoke. Jim Ryan (04/259-0351), Chief of Resource Planning and Professional Services, is heading up the Parkway's sign policy review process and potentially could benefit greatly from the collective input at such gatherings. Thank you for taking the time from your busy schedule to write. We appreciate your interest in the Blue Ridge Parkway and look forward to continuing the long and close relationship the Parkway has had with the City of Roanoke. Sincerely, Gary Everhardt Superintendent · 1916 - 1991 · TM Pending Items from July 10, 1978 through December 16, 1992 Referral Date Referred To Item 7/10/78 8/12/91 2/3/92 2/10/92 6/22/92 City Manager City Manager Director of Finance Roanoke City School Board City Attorney City Manager City Attorney Commissioner of Revenue Mayor's 1978 State of the City Recommendation No. 11 (Development of a hotel on Mill Mountain.) Mayor's 1991 State of the City Recommendation No. 4 that the necessary steps be taken to reduce the real estate tax rate from $1.25 per $100.00 of assessed value to $1.20 per $100.00 of assessed value during the next five years. Matter of possession of firearms on school property. Request to study the matter of regulating the sale of "look- alike" weapons. Matter of increasing the total combined income of any elderly or disabled property owner claiming real property tax exempt status from $22,000.00 to $26,000.00, and increasing the ftrst $4,000.00 of income of each relative, other than the spouse of the owner, who is living in the dwelling, to $4,750.00. 1 Pending Items from July 10, 1978 through December 16, 1992 Referral Date Referred To Item 9/9/92 10/12/92 10/12/92 12/7/92 Director of Finance City Planning Commission City Manager William White, Sr., Chairperson Kit B. Kiser M. Craig Sluss Request to provide information with regard to the cost of reducing the number of years to become vested in the City's pension plan from ten to five. Remarks with regard to the issue of demolition of buildings as related to economic development, as well as the City's beautification efforts and its impact on downtown Roanoke and adjoining neighborhoods. Request to report to Council during fiscal year 1993-94 budget study with regard to the City's taxing authority relative to surface parking lots. Bids for asbestos abatement at Carvins Cove Filter Plant, 8192 Angel Lane, N. W. 2 Pending Items from July 10, 1978 through December 16, 1992 Referral Date Referred To Item 12/7/92 City Manager City Attorney Acting Director of Finance Petition requesting adoption of a Resolution in support of the request of OCLC Online Computer Library Center, Inc., to obtain an exemption from personal property taxes on certain computer equipment located at library sites in the City. 12/7/92 City Manager Request of the Terumah Foundation, Inc., for adoption of a Resolution in support of the organization's request to obtain tax exempt status from the General Assembly of Virginia. 12/14/92 1993-94 Budget Study Matter of a mounted police patrol in the City. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #15-110-316 Mr. Robert K. Bengtson, Chairperson Roanoke City Transportation Safety Commission Roanoke, Virginia Dear Mr. Bengtson: This is to advise you that James L. Phillips has qualified as a member of the City of Roanoke Transportation Safety Commission, for a term of four years ending October 31, 1996. Sincerely, Mary F. Parker, CMC/AAE' City Clerk MFP: sm 0-2 Oath or Affirmation of ata~ ol vi~oi,,i~, oim oi noa~o~e, ~o.~/~: '92 DEC -8 P2 I, ~]am~s L. Phillips ,do solemnly swear (or attitm) will support the Constitution of the United States, and the Constitution of the State of ¥irgini&, and will faithfully and impartially discharge and perform all the duties incumbent upon me member of the City of Roanoke Transportation Safety Commission, for a term of four years ending October 31, 1996. according to the best of my ability. So help me God. Subscribed and sworn to before me, this ~ ~ Deputy Clerk MARY F. PARKF~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRAH. EAKIN Deputy City Clerk File #15-110-314 Mr. John M. Hudgins, Jr., Chairperson Mental Health Services Board of Directors 301 Elm Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Hudgins: This is to advise you that Onzlee Ware as qualified as a member of the Mental Health Services Board, for a term of three years ending December 31, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Dr. Fred P. Roessel, Jr., Executive Director, Mental Health Services, 301 Elm Avenue, S. W., Roanoke, Virginia 24016 0-2 RECEiVEF C ITAr Oath or - TTIrmamlon" of Office '92 ~E~ 22 8tare ol Vi~'~ni, a, ~it~l o~ Roanoke, to .wit: I, Onzlee Ware :04 ., do solemnly swear (or affirm) that I will suppoR the Constitution of the United States, and the Constitution oft he State of V~gin~,andthat I w~lfaithfullyand impaRially di~harge and pe~orm aH the duties incumbent upon me as a member of the Mental Health Services Board, for a term of three years ending December 31, 1995. according to the best of my ability. So help me God. Subscribed and sworn to before ~ne, this ~-' [ day of ~ ~ ~'~ .... , ~ Clerk MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #15-110-488 Mr. Charles W. Hancock, Chairperson Roanoke Neighborhood Partnership Steering Committee 1016 Estates Road, S. E. Roanoke, Virginia 24014 Dear Mr. Hancock: This is to advise you that Florine Thornhill as qualified as a member of the Roanoke Neighborhood Partnership Steering Committee, for a one year term ending November 10, 1993. Sincerely, ~0~ Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Ms. Stephanie F. Cicero, Roanoke Neighborhood Partnership Coordinator 0-2 Oath or Affirmation of Office9~ ~ ~ ~9:~ $~a~ of Vi~gin~a, Cit~ of Roanoke, to-w/~: I, Florine Thornhill . do solemnly swear (or a~n~n) that I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Neighborhood Partnership Steering Committee, for a one year term ending November 10, 1993. according to the best of my ability. So help me God. Subscribed and sworn to before me, thi, C~---~ · Deputy Clerk January 4, 1993 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request for Executive Session Dear Mrs. Bowles and Gentlemen: This is to request that City Council convene in Executive Session to discuss disposition of publicly held property, in connection with the location of a prospective business when no previous announcement has been made of the business' interest in locating in the community, specifically the possible conveyance of an interest in land for economic development purposes, pursuant to §2.1-344(A)(3) and §2.1-344(A)(5), Code of Virginia (1950), as amended. Very truly yours, W. Robert Herbert City Manager WRH:shm cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Acting Director of Finance Brian J. Wishneff, Chief, Economic Development & Grants Mary F. Parker, City Clerk 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 SANDRA H. EAKIN Deputy City CIerk January 7, 1993 File #5-54-66 Mr. W. Robert Herbert City Manager Roanoke, Virginia Gentlemen: Mr. Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia I am attaching copy of a proposed ordinance submitted by Mr. Walker Nelms, 5721 Scenic Hills Drive, N. W., with regard to animal control, which proposed ordinance was before the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. On motion, duly seconded and unanimously adopted, the proposed ordinance was referred to you for study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. Walker Nelms, 5721 Scenic Hills Drive, N. W., Roanoke, Virginia 24018 Deceraber 2, 1992 City Clerk City of Roanoke Room 456, Municipal Building 215 Church Ave. Roanoke, VA 24011 Dear Sir or Madam, Please include my name on the Roanoke City Council agenda, December 21, 1992, for the purpose of presenting to City Council a proposed animal control ordinance. I will address Council and at most two other members of the task force that formulated the proposed ordinance will also speak. Should you need to contact me, please feel free to do so. Thank you very much. Sincerely, Walker Nelms 5721 Scenic Hills Dr. Roanoke, Virginia 24018 H. 774-1337 W. 343-2441 AN ORDINANCE RELATING TO ANIMAL CONTROL PREAMBLE A. The Governing Body of the City of Roanoke, finds and determines that an unacceptable number of healthy but abandoned dogs and cats are being put to death by the Roanoke Valley Society for the Prevention of CrUelty to Animals. B. The large numbers of stray dogs and cats pose threats to the public health and safety (including disease transmission, attacks, and traffic hazards), but the Governing Body further finds and determines that euthanasia is not a cost effective, acceptable or ethical solution to this threat. C.A ' ' · Permit/registration system for cats and dogs, combined with a program which encourages responslble pet ownership, is a reasonable and effective means of reducing the population of abandoned or stray cats and dogs and thus curbs the practice of euthanizing healthy cats and dogs. NOW THEREFOREBE IT ORDAINED BY THEC, OVERNING BODY OFT HE CITY OF ROANOKE A. Recovery fees for at large animals picked up by animal control will be as follows: 1. Unsexed (altered) animals a. $10 for the first offense b. $20 for the second offense c. $30 for the third and subsequent offenses d. A board fee of $5 per day will be assessed for each animal. 2. Sexed (unaltered) animals a. $25 for the first offense b. $50 for the second offense c. $7S for the third and subsequent offenses d. A board fee of $5 per day will be assessed for each animal. 3. Recovery fees apply to the number of offenses incurred by the owner within a 5 year period. B. Rabies certificates of all cats over 4 months of age must be registered with the City of Roanoke. The City of Roanoke may collect a small fee to offset the cost of registration. The owner of any cat, or the owner's agent, shall attach to the collar of such cat the current rabies registration tag, which will be issued by the City of Roanoke. Such collar and registration tag must be worn by the cat at all times such cat is out of doors, whether on or off the premises of the owner. C. License fees/rabies registration of sexed (unaltered) cats and dogs both male and female over 4 months of age, will be $10 per year. D. License fees/rabies r ' ' eglstrat~on of unsexed (altered) cats and dogs both male and female, over 4 months of age, will be $3 per year. Noveniber 13, 1992 The Honorable David A. Bowers and Members of Roanoke City Council Room 456, Roanoke Municipal Buildin9 215 Church Ave. S. W. Roanoke, Virginia 24011 Dear Mayor Bowers and City Council Members, i am sendin9 you a copy of a proposed animal control ordinance so that you will be able to fanliliarize yourself with it before it is presented to Roanoke City Council in the near future. The conception and content of this proposal was born from the 9oal of reducin9 the number of healthy animals that are put to death at the Roanoke Valley SPCA each year as well as controllin9 outbreaks of rabies and other serious animal transmitted diseases. The proposed ordinance was recently endorsed by the Roanoke Valley SPCA Board of Directors, and is expected to receive an endorsement from the Roanoke Valley Veterinary Medicine Association at their next meetin9' As you can see from the list that I have included, the task force that worked on this proposal represents almost every aspect of the animal community. A member of the task force will be contactin9 each of you in the future to answer any questions that you may have concernin9 the proposed ordinance. I know you will 9ire this very important matter your most serious consideration. If I can be of any help, please do not hesitate to contact me. Thank you. Sincerely, Walker Nelms, Chairman, Animal Task Force 5721 Scenic Hills Dr. Roanoke, VA 24018 h. 774-1337 w. 343-2441 AN ORDINANCE RELATING TO ANIMAL CONTROL PRFJ%MBLE A. The Governing Body of the City of Roanoke, finds and determines that an unacceptable number of healthy but abandoned dogs and cats are being put to death by the Roanoke Valley Society for the Prevention of Cruelty to Animals. B. The large numbers of stray dogs and cats pose threats to the public health and safety (including disease transmission, attacks, and traffic hazards), but the Governing Body further finds and determines that euthanasia is not a cost effective, acceptable or ethical solution to this threat. C. A permit/registration system for cats and dogs, combined with a program which encourages responsible pet ownership, is a reasonable and effective means of reducing the population of abandoned or stray cats and dogs and thus curbs the practice of euthanizing healthy cats and dogs. NOW THEREFORE BE IT ORDAINED BY THE GOVEP, NING BODY OF THE CITY OF ROANOKE A. Recovery fees for at large animals picked up by animal control will be as follows: 1. Unsexed (altered) animals a. $10 for the first offense b. $20 for the second offense c. $30 for the third and subsequent offenses d. A board fee of $5 per day will be assessed for each animal. 2. Sexed (unaltered) animals a. $25 for the first offense b. $50 for the second offense c. $75 for the third and subsequent offenses d. A board fee of $5 per day will be assessed for each animal. 3. Recovery fees apply to the n%unber of offenses incurred by the owner within a 5 year period. B. Rabies certificates of all cats over 4 months of age must be registered with the City of Roanoke. The City of Roanoke may collect a small fee to offset the cost of registration. The owner of any cat, or the owner's agent, shall attach to the collar of such cat the current rabies registration tag, which will be issued by the City of Roanoke. Such collar and registration tag must be worn by the cat at all times such cat is out of doors, whether on or off the premises of the owner. C. License fees/rabies registration of sexed (unaltered) cats and dogs both male and female over 4 months of age, will be $10 per year. D. License fees/rabies registration of unsexed (altered) cats and dogs both male and female, over 4 months of age, will be $3 per year. Roanoke City veterinarians will provide Roanoke City animal control with copies of the respective owners (Roanoke City) dog or cat rabies vaccination certificates on a monthly basis. Animal control will process the information and send it on to the Treasurers office for follow-up concerning the licenses of these animals. The following people contributed to or advised on the content of the proposed ordinance. Lorraine Allman, SPCA board member Marie Reid, SPCA board member Maggie Drewry, People for Better Laws for Animal Protection Dr. Steve Karras, Veterinarian Waine Tomlinson, People for Better Laws for Animal Protection Annabel Maley, Roanoke Kennel Club Mary Keith Welch, Roanoke Kennel Club Lee Fitzgerald, Roanoke Kennel Club Mikey Win~aer, Pet Assistance League Jackie Lucki, Pet Assistance League Bobbi Nagy, Public Relations Director, SPCA Dr. Bill Rosolowsky, Veterinarian Tammy Javier, Shelter Administrator, SPCA Ken Hogan, Supervisor, Roanoke County Animal Control Mike Queseuberry, Roanoke City Animal Control Dr. Stan Eichelberger, Veterinarian Dr. Kathy Eichelberger, Veterinarian Barbara Pence, Volunteer SPCA Howard Musser, Roanoke City Council Gordon Peters, Roanoke City Treasurer Carolyn Schneider, SPCA member Sandra Obenshain, SPCA member Beth Poff, Director, Mill Mountain Zoo Pat Pratrali, Volunteer SPCA, P.A.L. Dr. Mark Finkler, Veterinarian Walker Nelms, SPCA board member '92 DEC 21 A9:51 P. O. Box 44 Roanoke, Virginia 24012 December 18, 1992 The Honorable Mayor and Members of City Council c/o City Clerk's Office Municipal Building, Room 456 Roanoke, Virginia 24011-1536 Dear Mayor and Members of City Council: Pursuant to recent publicity surrounding the City's interest in expanding the Roanoke City Jail, I would appreciate the opportunity to be heard at your next City Council Meeting. I will be prepared to speak on behalf of the Roanoke Valley Poverty Task Force. I expect that my comments would take 10-15 minutes. Please advise if this is not acceptable. Thank you for your attention in this matter. RAB/chb Very truly yours, Roberta A. Bondurant Chairperson, Action Council Roanoke Valley Poverty Task Force 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 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #60-467 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31289-010493 amending and reordaining certain sections of the 1992-93 General and Grant Funds Appropriations, providing for ~ppropriation of funds to the following school grant accounts: $40,000.00 - Chapter Pre-K Expansion Program; $130.00 - Title III GED Tuition Program; $6,692.00 - 1992-93 Transitionai Services Program; $9,500.00 - 1993 Western Virginia Regional Science Fair; and $30,000.00 - Chess Program. Ordinance No. 31289-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, ~0~..<~_. Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Finn D. Pincus, Chairperson, Roanoke City School Board Dr. Frank P. Tote, Superintendent of Schools Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board Mr. W. Robert Herbert, City Manager Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 1993. No. 31289-010493. A_N ORDINANCE to amend and reordain certain sections of the 1992-93 General and Grant Funds Appropriations, and Providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 General and Grant Funds Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: general Fund ~ons Education Instruction (1) ..... Other Uses of Funds $69,991,542 50,712,986 1,360,593 grant Fund A ro riations Education pt $20 089,832 Cha er I Pre-K Expansion Program 1992-93 (3-11) · ' 40,000 iti (12) ''' Title III GED Tu on ..... ..................... 130 Transitional Services 1992-93 (13-17) . . . gi gi ............ 6,692 1993 Western Vir nia Re onal Science Fair (18-23) 9,500 Chess Program 1992-93 (24-29) ........ ' ............... 30,000 Revenue Education pt $20 089,832 Cha er I Pre-K Expansion Program 1992-93 (30) ..... ' 40,000 iti (31) ' Title III GED Tu on .......................... 130 Transitional Services 1992-93 (32) .......... 6,692 gi Regi ........ 1993 Western Vir nia onal Science Fair (33-34) 9,500 Chess Program 1992-93 (35) ............... ' 30,000 1) Matching Funds 2) Transfer to Grant Fund 3 Teacher 4 Aide 5 Social Security 6 Retirement 7 Health Insurance 8 Life Insurance 9 Printing 10 Inservice Travel 11 Instructional Supplies 12~ Tuition 13 Clerical Support 14 Social Security 15 Conference Travel 16 Instructional Materials 17 Educational Equipment 18 Security Services 19) Social Security 20) Contracted Services 21) Travel Expenses 22) Membership Fees 23) Instructional Materials 24) Chess Coordinator 25) Social Security 26) Retirement 27) Health Insurance 28) Group Life Insurance 29) Supplies 30) Federal Grant Receipts 31) Federal Grant Receipts 32) Federal Grant Receipts 33) Local Match 34) Contributions 35) Contributions (001-060-6001-6311-0588) $( 1,600) (001-060-6005-6999-0911) 1,600 (035-060-6138-6000-0121) 15,414 (035-060-6138-6000-0141) 10,789 (035-060-6138-6000-0201) 2,005 (035-060-6138-6000-0202) 3,047 (035-060-6138-6000-0204) 2,509 (035-060-6138-6000-0205) 236 (035-060-6138-6200-0351) 1,000 (035-060-6138-6200-0554) 1,000 (035-060-6138-6200-0614) 4,000 (035-060-6437-6334-0382) 130 (035-060-6510-6553-0151) 372 (035-060-6510-6553-0201) 28 (035-060-6510-6553-0554) 750 (035-060-6510-6553-0614) 4,100 (035-060-6510-6553-0821) 1,442 (035-060-6904-6311-0195) (035-060-6904-6311-0201) 111 9 (035-060-6904-6311-0313) 50 (035-060-6904-6311-0554) 7,240 (035-060-6904-6311-0581) 500 (035-060-6904-6311-0614) 1,590 (035-060-6905-6102-0121) 22,000 (035-060-6905-6102-0201) 1,683 (035-060-6905-6102-0202) 2,499 (035-060-6905-6102-0204) 2,615 (035-060-6905-6102-0205) 198 (035-060-6905-6102-0614) 1,005 (035-060-6138-1102) (035-060-6437-1102) (035-060-6510-1102) (035-060-6904-1101) (035-060-6904-1103) (035-060-6905-1103) 40,000 130 6,692 1,600 7,900 30,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. .DEPARTMENT OF FINANCE January 4, 1993 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Acting Director of Finance School Board Request for the Appropriation of Grant Funds I have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for five grants in the Grant Fund which are funded with federal funds and contributions. In addition, the 1993 Western Virginia Regional Science Fair grant will receive a local match of $1,600. Funding for the local match is available in the General Fund budget in the following account: Matching Funds (001-060-6001-6311-0588) $1,600 I recommend that you concur with this request of the School Board. JDG/kp Attachment Acing Di~tor o~ Financ'~ ~' J ',~m"~ Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis /.-Roanoke City School Board C. Nelson Harris Martha W. O'Neil Clubert G. Poff James M. Turner, Jr. Frank P. Tota, Superintendent Richard L. Kelley, Clerk of the Board P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-2381 · Fax: 703-98t-2951 December 16, 1992 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: As the result of official School Board action at its December 15, 1992 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6138 - 940,000.00 for the Chapter I Pre-K Expansion Program to provide for the expansion of the program for at-risk four-year olds from part day to full day operation. The program will be one hundred percent reimbursed by federal funds. Grant No. 6437 - 9130.00 for the Title III GED Tuition Program to provide tuition for selected students to attend the GED course. The program will be one hundred percent reimbursed by federal funds. Grant No. 6510 - 96,692.00 for the 1992-93 Transitional Services Program to provide materials to ensure a smooth transition for handicapped students entering the school system. The program will be one hundred percent reimbursed by federal funds. Grant No. 6904 - 99,500.00 for the 1993 Western Virginia Regional Science Fair which is being hosted by Roanoke City. School districts will contribute toward the cost of the fair, with a local match in the amount of 91,600. Grant No. 6905 930,000.00 for the Chess Program to pay for chess instruction and supplies. The funds are from a private donation. Sincerely, Richard L. Kelley Executive for Business Affairs and Clerk of the Board rg CC: Mr. Finn D. Pincus Dr. Frank P. Tota Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Ms. Ila Farriss (with accounting details) Excellence in Education RO~OKE CItY SCBOOh BOARD Roanoke, Virginia APPROPRIATION REQUEST Chapter I Pre-K Expansion Program 92-93 6138 035-060-6138-6000-0121 035-060-6138-6000-0141 035-060-6138-6000-0201 035-060-6138-6000-0202 035-060-6138-6000-0204 035-060-6138-6000-0205 035-060-6138-6200-0351 035-060-6138-6200-0554 035-060-6138-6200-0614 Appropriation Unit Z1S 035-060-6138-1102 Teacher Aide Social Security Retirement Health Insurance Life Insurance Printing Inservice Travel Instructional Supplies Federal Grant Receipts $ $ 15,414.00 10,789.00 2,005.00 3,047.00 2,509.00 236.00 1,000.00 1,000.00 4,000.00 40,000.00 40,000.00 The Chapter I Pre-K Expansion Program will provide for the expansion of the program for at risk four year olds from part day to full day operation at the Chapter I schools. The program is one hundred percent reimbursed by federal funds and will end September 30, 1993. December 15, 1992 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia ~PPROPRIATION REQUEST Title III GED Tuitio~ 6437 035-060-6437-6334-0382 Tuition ApPropriation Unit Z43 $ =130.00 035-060-6437-1102 Federal Grant Receipts $ _ 130.00 The Title III GED Tuition program provides tuition for selected students to attend the GED Course held at William Fleming High School. The program will be one hundred percent reimbursed by federal funds, The program ends June 30, 1993. December 15, 1992 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia ~PPROPRIATION REQUEST Transitional Services 92-93 6510 035-060-6510-6553-0151 035-060-6510-6553-0201 035-060-6510-6553-0554 035-060-6510-6553-0614 035-060-6510-6553-0821 ApPropriation Unit Y6D Clerical Support Social Security Conference Travel Instructional Materials ED Equipment 372.00 28.00 750.00 4,100.00 ~,442.00 $ ~,692.00 035-060-6510-1102 Federal Grant Receipts The 1992-93 Transitional Services program will provide materials to ensure a smooth transition for handicapped students entering the school system. One hundred percent of expenditures will be reimbursed by federal funds The program will end September 30, 1993. ' December 15, 1992 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST 1993 Western Virginia Regional Science Fair 6904 035-060-6904-6311-0195 035-060-6904-6311-0201 035-060-6904-6311-0313 035-060-6904-6311-0554 035-060-6904-6311-0581 035-060-6904-6311-0614 Security Services Social Security Contracted Services Travel Expenses Membership Fees Instructional Materials Total Appropriation Unit Z9W 035-060-6904-1101 035-060-6904-1103 $ 111.00 9.00 50.00 7,240.00 500.00 1,590.00 $ 9,500.00 Local Match $ 1,600.00 Contributions 7,900.00 The 1993 Western Virginia Regional Science Fair is being hosted by Roanoke City. School Districts will contribute toward the cost of the fair, with a local match cost to Roanoke City Schools in the amount of $1,600 to be taken from account 001-060-6001-6311-0588. The grant period will end September 30, 1993. December 15, 1992 ROANOKE CITY gCHOOL BOARD Roanoke. Virginia APPROPRIATION REQUEST Chess Program 1992-93 6905 035-060-6905-6102-0121 035-060-6905-6102-0201 035-060-6905-6102-0202 035-060-6905-6102-0204 035-060-6905-6102-0205 035-060-6905-6102-0614 Appropriation Unit ZgX Chess Coordinator Social Security Retirement Health Insurance Group Life Insurance Supplies 22,000.00 1,683.00 2,499.00 2,615.00 198.00 1,005.00 035-060-6905-1103 Contributions $ 30,000.00 The Chess Program will pay for chess instruction and supplies using funds from a private donation. The program will end June 30, 1993. December 15, 1992 RE~IVE[, CITY ~L~ ~,c,='~r,r- '92 ~][C 29 Roanoke, Virginia January 4, 1992 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Briefing on Process Dealing with Revisions to City's Pay Plan Please reserve space on the agenda for a report pertaining to the subject referenced above. Respectfully submitted, W. Robert Herbert City Manager WRH/dh CC: City Attorney Acting Director of Finance MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk January 7, 1993 File #79-192 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: Your report with regard to the practice of waiving certain rental fees at the Civic Center for organizations utilizing the facility in the name of charity, and the issue of admissions tax collection, was before the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. On motion, duly seconded and unanimously adopted, Council concurred in the report. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Bobby E. Chapman, Manager, Civic Center Facilities Ms. Deborah J. Moses, Chief of Billings and Collections Mr. John S. Edwards, Chairperson, Roanoke Civic Center Commission £:ITY -i~- ' [lEO 28 A11:53 Roanoke, Virginia January 4, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Request with Regard to Waiving Certain Rental Fees at the Civic Center and Information Regarding Admission Tax Background: ao Report regarding the practice of waiving certain rental fees at the Civic Center for organizations utilizing the facility in the name of charity was requested by Council Member James G. Harvey, II, at Council's regularly scheduled meeting of Monday, October 26, 1992. A separate issue receiving recent news media coverage is the issue of admission tax. II. Current situation regarding rental fees and admission tax collection at the Civic Center is as follows: ao Rental fees are waived only when the City of Roanoke is a sponsor or participant in an event, e.g. city training or meeting, for the United Way of Roanoke Valley for campaign worker luncheons, and for the American Red Cross Annual Blood Donorama. The City of Roanoke encourages its employees to participate in the latter two events. Pursuant to Section 24-26(d) of the City Code, non-profit organizations are granted a civic rate for uae of the Civic Center facilities as those rates are established by the Civic Center Commission. Civic Center collects admission tax for all events where all tickets are sold at the Civic Center or through authorized agents. Previously, for events for which the Civic Center does not sell all tickets, it collected tax from the organization renting the facility based on a variety of information. Civic Center management would rely on numbers provided by renting organization in some cases, e.g. groups of school children. In other cases, e.g. the Roanoke Symphony, a ticket manifest was used. In other instances where tickets were sold by others but presented for admissions, due to previous interpretation of the City Code, admission tax was only collected on tickets presented for admission. Such instances were: 1. Kiwanis Club of Roanoke for their Travelogue series. 2. Kazim Temple Shrine Circus. 3. GEHL Company representing the Roanoke Fire Fighters Association. Page 2 WRH:KBK:afm cc: City Code amendment by Ordinance No. 31008-051892, dated May 18, 1992, transferred the authority for assessment and collection of the admission tax from the Commissioner of Revenue to the Director of Finance and clarified the calculation of the tax due by addinq the words "for each ticket sold" to the Code. Rental contracts are being amended to require the organization renting the Civic Center to recognize that admission tax is due on all tickets sold and to identify those events where an admission fee is to be charged. For those events for which the Civic Center will not handle ticket sales, the organization will be directed to contact the Office of Billings and Collections for instructions on the handling of admission tax. Henceforth, a copy of all contracts, revised per subparagraph (E) preceding, for the use of the Civic Center facilities when all tickets are not sold by the Civic Center or authorized agents but for which an admission charge is to be applied will be turned over to the Office of Billings & Collections, an office reporting to the Director of Finance, for the administration of the collection of the admission tax. Also, the Civic Center management will continue to follow the rental policies established by the Civic Center Commission. Respectfully submitted, W. Robert Herbert City Manager Chairman and Members, Roanoke Civic Center Commission City Attorney Director of Finance Director of Utilities & Operations Civic Center Manager Chief of Billings & Collections 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 SANDRA Ho EAK1N Deputy City Clerk January 7, 1993 File #27-237-405 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31291-010493 approving issuance of an amendment to the City's contract with Mattern & Craig, Inc., in the amount of $60,000.00, for construction administration and oversight relating to the Peters Creek Flood Reduction Project, as more particularly set forth in a report of the City Manager under date of January 4, 1993. Resolution No. 31291-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. f'"x t~ ~.Sincerely, ~O-~n~..~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mattern & Craig, P. C., 701 First Street, S. W., Roanoke, Virginia 24016 Mr. James D. Grisso, Acting Director of Finance Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. John A. Peters, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director, Utilities and Operations Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 4th day of January, 1993. No. 31291-010493. VIRGINIA, A RESOLUTION approving the City Manager's issuance of an amendment to the City's contract with Mattern & Craig, Inc., for engineering services in connection with the Peters Creek Flood Reduction project. BE IT RESOLVED 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, an amendment to the City's contract with Mattern & Craig, Inc., related to additional engineering services in connection with the Peters Creek Flood Reduction project. 2. Such amendment shall provide for additional engineering services, specifically construction oversight and administration for the Peters Creek Flood Reduction Project as more particularly set forth in the City Manager's report to Council dated January 4, 1993, and the cost of those additional services shall be in an amount not to exceed $60,000. ATTEST: City Clerk. 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 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #60-27-237-405 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31290-010493 amending and reordaining certain sections of the 1992-93 Capital Fund Appropriations, providing for the transfer of $60,000.00 from Storm Drains, Public Improvement Bonds - Series 1992A to Other Infrastructure - Peters Creek Floodproofing, in connection with execution of an amendment to the consulting contract with Mattern & Craig, Inc., for construction administration and oversight relating to the Peters Creek Flood Reduction Project. Ordinance No. 31290-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, ~gt.A~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. Mattern & Craig, p. C., 701 First Street, S. W., Roanoke, Virginia 24016 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. John A. Peters, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director, Utilities and Operations Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget 1992-93 emergency. WHEREAS, Government of the exist. Roanoke IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of January, 1993. No. 31290-010493. AN ORDINANCE to amend and reordain certain sections of the Capital Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the that certain sections of the Council of the City of 1992-93 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Capital Improvement Reserve $ 5,222,037 Public Improvement Bonds - Series 1992A (1) ......... 4,879,437 Other Infrastructure 10,643,364 Peters Creek Floodproofing (2) ...................... 510,000 1) Storm Drains 2) Appropriated from Bonds (008-052-9700-9176) (008-052-9662-9001) $(60,000) 60,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. '92 DFC 28 All :55 Roanoke, Virginia January 4, 1992 Honorable Mayor and Members of City council Roanoke, Virginia Dear Members of Council: Subject: Peters Creek Flood Reduction Project, Revision to Consultant Contract I. Background: Flooding along Peters Creek in northwest City has been a community issue for a number of years. Mattern & Craiq~ Inc. was hired by the City of Roanoke to perform a Peer Review of the City's Feasibility Study for flood reduction on Peters Creek and was subsequently hired to complete contract documents required to construct clearing and snagging, channel improvements, bridge replacement, floodproofing and detention facilities. In the Council Report to hire Mattern & Craig, Inc. for the final design, staff noted that the construction oversight portion of the consultant contract would be negotiated later and brought to Council for approval. II. Current Situation: Construction of the channel widening and clearing and several key bridge replacements began in the fall of 1992. With detention facilities and floodproofing due for construction in the near future, while the City has retained some consultant services to oversee the initial construction within the previous contract, it is imperative that the City continue utilizing consultant services to advise the City in event that serious problems arise. City staff negotiated a contract amendmenL with Mattern & Craig, Inc. in the amount of ~60,000 for construction oversight and administration. This fee represents approximately 1.5 percent of the total construction cost. Services provided by Mattern & Craig, Inc. would be on a as needed basis. Page 2 III. Issues: A. Need: B. Cost: C. Funds: IV. Alternatives: Amend Consultant Contract with Mattern & Craiq~ Inc. for the Peters Creek Flood Reduction Project to include construction oversight in an amount not to exceed $60,00O. Need for construction oversight is based on the City's desire to ensure public safety once key elements of the project are complete. These elements include bridges, floodproofing and detention facilities. The two (2) detention facilities in this project will represent the largest stormwater detention facilities ever constructed in the Roanoke Valley. Cost is based on per hour fees of various personnel and testing procedures and is assuming the worst case situation with a fee ceiling. Funds are available in Account No. 008-052-9700- 9176, entitled Public Improvement Bonds. Do not hire a consultant to provide construction oversight. Need for construction oversight would remain the same. However, City staff would provide the service along with the City accepting the associated liability. Cost of a consultant contract would be saved. Funds would remain available in Account No. 008-052- 9700-9176. Page 3 Recommendation: Authorize the City Manager to execute an amendment with Mattern & Craig, Inc. for an amount not to exceed $60~000 for construction administration and oversight. Contract to be approved as to form by the City Attorney and authorize the Acting Director of Finance to transfer $60,000 from Account No. 008-052-9700-9176 (Public Improvement Bond) to Account No. 008-052-9662 (Peters Creek Flood Proofing). Respectfully Submitted: W. Robert Herbert City Manager WRH\jap CC: City Attorney Acting Director of Finance Director of Public Works City Engineer Construction Cost Technician MARY F. PARKF~ City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAK1N Deputy City Clerk File #29-237 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31293-010493 providing for execution of purchase orders for payment to Appalachian Power Company, in the amount of $38,233.79, for relocation of power poles in connection with the Roanoke River Flood Reduction Project and the Peters Creek Flood Reduction Project, as more particularly set forth in a report of the City Manager under date of January 4, 1993. Ordinance No. 31293-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. John A. Peters, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 4th day of 3anuary, 1993. No. 31293-010493. VIRGINIA, AN ORDINANCE providing for the relocation of power poles by Appalachian Power Company in connection with the Roanoke River Flood Reduction Project and the Peters Creek Flood Reduction Project; authorizing the execution of purchase orders for the relocation of such poles; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is authorized and directed to issue, for and on behalf of the City, two purchase orders for the relocation of power poles by Appalachian Power Company, one purchase order in the amount of $24,236.00 in connection with the Roanoke River Flood Reduction Project, and one purchase order in the amount of $1,351.79 in connection with the Peters Creek Flood Reduction Project, and additional purchase orders in an amount not to exceed $12,646, all as more particularly described in the City Manager's report to this Council dated January 4, 1993. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. MARY F. PARKER City Cl~rk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, v~ginia :4011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #60-29-237 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31292-010493 amending and reordaining certain sections of the 1992-93 Capital Fund Appropriations, providing for the transfer of $13,998.00 from Storm Drains, Public Improvement Bonds - Series 1992A to Other Infrastructure - Peters Creek Flood Reduction Phase I, with regard to execution of purchase orders for payment to Appalachian Power Company for relocation of power poles in connection with the Roanoke River Flood Reduction Project and the Peters Creek Flood Reduction Project. Ordinance No. 31292-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. John A. Peters, Project Manager Ms. Sarah E. Fitton, Construction Cost Technician Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Ms. Dolores C. Daniels, Assistant to the City Manager for Community Relations Mr. Barry L. Key, Manager, Office of Management and Budget 1992-93 Capital emergency. WHEREAS, Government of the exist. IN THE coUNCIL OF THE CITY OF ROANOKE~ VIRGINIA The 4th day of January, 1993. No. 31292-010493. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1992-93 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro iatio s Capital Improvement Reserve $ 5,268,039 Public Improvement Bonds - Series 1992A (1) ......... 4,925,439 Other Infrastructure 10,597,362 Peters Creek Flood Reduction Phase I (2) ............ 1,088,498 1) Storm Drains 2) Appropriated from Bonds (008-052-9700-9176) (008-052-9704-9001) $(13,998) 13,998 BE IT FURTHER ORDAINED that, an emergency existing, ordinance shall be in effect from its passage. ATTEST: this city Clerk. RE ..... , .! '92 OEO 28 11:53 Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke River Flood Reduction Project Peters Creek Flood Reduction Project, Power Line Relocation Roanoke, Virginia January 4, 1992 and Background: A. Floodproofing of the Sewage Treatment Plant included the construction of a 15 foot high berm in front of the Administrative Offices. The berm required the relocation of several power poles. B. Channelization of Peters Creek adjacent to the Roanoke- Salem Plaza required the relocation of the existing power poles along Peters Creek. C. Appalachian Power Company will not provide a firm estimate prior to relocating their facilities. Therefor, the City along with other customers must request work to be completed on an "emergency basis" and then pay for the actual cost of the relocation after all work is completed. II. Current Situation: Power pole relocations have been completed on both projects (Sewage Treatment Plant and Peters Creek), and Appalachian Power Company has submitted a bill for payment in the amount of $24~236 for the Sewage Treatment Plant and $1~351.79 for Peters Creek. It had originally been estimated that the cost of work at the STP was within the City administration's authority to authorize, but changes required by the U.S. Army Corps of Engineers made the final cost more expensive. BJ Additional expenses, up to an estimated $12~646, are expected to be incurred for other project elements in the short-term period for such work as bridge relocations. III. Issues: A. Need B. Cost C. Fundinq Page 2 IV. Alternatives A. Authorize the City Manaqer to execute purchase orders for power pole relocations at the Sewage Treatment Plant for $24~236.00 and Peters Creek in the amount of $1,351.79 1. Need for relocation was required by the improvements required at both locations. 2. Cost of relocations was fixed by actual cost expended by Appalachian Power Company. 3. Fundinq is available for the Sewage Treatment Plant in Account No. 008-056-9617, entitled Roanoke River Flood Reduction and for Peters Creek in Account No. 008-052-9700-9176. B. Do not authorize the City Manaqer to execute purchase orders for power pole relocations at the Sewage Treatmen[ Plant and Peters Creek. 1. Need for relocation was required to construct both projects. 2. Cost of relocations was fixed by actual cost expended by Appalachian Power Company. 3. Fundinq remains available in Account No. 008-056- 9617, Roanoke River Flood Reduction, and 008-052- 9700-9176, 1992-A Bond Proceeds for Storm Drains. Recommendation: A. Authorize the City Manager to execute two (2) Purchase Orders in the amount of $24~236.00 from Account No. 008-056-9617 and $1,351.79 from Account No. 008-052-9700- 9176. B. Authorize other payments, up to $12~646, to Appalachian Power company in connection with work to be performed as a result of the Roanoke River Flood Reduction Project or the Peters Creek Flood Reduction Project as that work is properly verified and will be charged to either of the above accounts as appropriate. C. Transfer $13~998 from account number 008-052-9700-9176, 1992-A Bond Proceeds to the Peters Creek Flood Reduction Phase I account, number 008-052-9704-9001. $24~236 is available in the Roanoke River Flood Reduction account, number 008-056-9617-9003. Page 3 Respectfully Submitted: W. Robert Herbert City Manager WRH\jap cc: City Attorney Acting Director of Finance Director of utilities and Operation Director of Public works City Engineer Construction Cost Technician MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #121-472 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31294-010493 accepting the bid of Magic City Motor Corporation to provide three new automobiles for use by the Sheriff's Department, in the total amount of $39,675.00. Resolution No. 31294-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc' The Honorable W. Alvin Hudson, City Sheriff Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director, Public Works Mr. James A. McClung, Manager, Fleet and Solid Waste Management Mr. Barry L. Key, Manager, Office of Management and Budget MARY F. PARKER City Clerk CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #121-472 Mr. Charles W. Pickle, Jr. Fleet Sales Representative Magic City Motor Corporation P. O. Box 12807 Roanoke, Virginia 24028 Dear Mr. Pickle: I am enclosing copy of Resolution No. 31294-010493 accepting the bid of Magic City Motor Corporation to provide three new automobiles for use by the Sheriff's Department, in the total amount of $39,675.00. Resolution No. 31294-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, ~0~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 4th day of January, 1993. No. 31294-010493. VIRGINIA, A RESOLUTION accepting the bid of Magic City Motors Corporation made to the City for furnishing three (3) new automobiles for use by the Sheriff's Department. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bid of Magic City Motors Corporation, made to the City, offering to supply three (3) new automobiles for use by the Sheriff's Department, meeting all of the City's specifications and requirements therefor, for the total bid price of $39,675.00, 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. ATTEST: City Clerk. RECEIVEP CITYCL?: !~E RoanoAe, Virgini,~ January 4, 1993 '92 DEO 28 All :55 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of City Council: SUBJECT: Bids to Purchase Automobiles For City Sheriff, Bid No. 92-11-109 I. Backqround Requested Automobiles are necessary for the continued performance of the assigned duties of the Department of the City Sheriff. Specifications were developed and along with request for quotations, were sent to eight (8) Firms that are currently listed on the City's bid list. A public notice was also published in the Roanoke Times and Roanoke Tribune. Bids were received, after due and proper advertisement. Bids were received until 2:00 p.m. on December 7, 1992 at which time they were publicly opened and read in the Office of the Manager of General Services. Requested units are needed to replace existing units which have high mileage and increased maintenance cost. II. Current Situation One (1) bid response was received. That response submitted by Magic City Motors Corporation meets all required specifications. The bid cost is ~13,225.00 per unit. Bids were evaluated by representatives of the following departments: City Sheriff General Services Fleet Management Automobiles for City Sheriff Bid No. 92-11-109 Page 2 III. Discussions were held with vendors that did not respond. Reasons for non response were that they could not provide the required Sheriff Department paint color and be competitive, and they were busy and did not desire to bid at this time. Sheriff,s Department automobiles from the Commonwealth of Virginia, at .19 per mile. are reimbursed, for mileage used Issues A. Need Compliance with Specification~ Fund Availability IV. Alternatives Accept the Corporation Automobiles bid submitted by Magic City Motors for 3 New Sheriff's Department for the total cost of ~39~675.00. Need - Requested units are to replace older existing units and will better allow for the accomplishment of required duties in a more efficient and effective manner. Compliance with Specifications - Bid submitted by Magic City Motors Corporation meets all required specifications. 3. Fund availability - Funds are available in Sheriff's Department account 001-024-3310- 9010. B. Reject all bids Need - Appropriate vehicles support to the Sheriff's Department would not be available. Compliance with specificationn would not be a factor in this alternative. Fund availability - Funds available for this expenditure would not be expended. Automobiles For City Sheriff Bid No. 92-11-109 Page 3 Recommendation Council concur with Alternative "A" accept the bid from Magic City Motors Corporation for 3 New Sheriff's Department Automobiles for the total cost of $39~675.00. Respectfully Submitted, W. Robert Herbert City Manager cc: City Attorney Director of Finance Management and Budget January 4, 1993 '92 DEC 30 Al1:38 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso Monthly Financial Report 1992. Attached is a copy of the financial report for the month of November, JDG/kp Attachment CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE AS OF NOVEMBER 30,1992 General Contingency: Balance July 1, 1992 Ord. No. Department Purpose 31100 Transfers Grant Local Match 31107 Recreation Youth Summit CMT Human Resources Uniforms for Conservation Corp. CMT Municipal Auditing Quality Control Review CMT Human Resources Juvenile Curfew 31256 Dir. or Utilities and Operations Gas Franchise Study 317,779 1,800) 29,914) 4,500) 1,605) 4,000) ( 16,500) 259,460 Maintenance of Fixed Assets Contingency: Balance July 1, 1992 200,000 Supplemental Budgets - Employee Compensation 31244 Balance July 1, 1992 Department Nondepartmental .Purpose Health Insurance Total Contingency Balance 25,000 25,000) $ 459,460 1 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE General Property Taxes Other Local Taxes Permits, Fees, and Licenses Fines and Forfeitures Revenue From Use of Money and Property Education Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Current Services Miscellaneous Revenue Internal Services Total Year to Date for the Period Jul 1-Nov 30 Jul 1-Nov 30 Percentage 1991-92 1992-93 of Change ~19,558,180 $ 19,535,358 ( 0.12%) 9,937,069 10,797,604 8.66% 215,963 252,093 16.73% 230,257 257,667 11.90% Current Fiscal Year Revised Percent of Revenue Revenue Estimate Estimates Received 53,308,845 36.65% 39,883,333 27.07% 523,250 48.18% 593,000 43.45% 364,953 354,276 ( 0.19%) 11,314,424 12,836,884 13.46% 8,004,257 8,670,216 8.32% 12,688 121,226 N/A 863,217 674,565 (21.86%) 83,209 141,020 69.48% 632,897 342~994 (35.64%) $ 51,107,114 $ 53~983~891 5.63% 827,662 42.80% 34,874,503 50.93% 25,205,956 34.40% 153,332 79.06% 2,506,042 26.92% 309,560 45.65% 1,493~581 22.96% $ 159,67%054 33.81% 2 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Jul 1-Nov 30 Jul 1-Nov 30 1991-92 1992-93 General Government $ 3,698,057 $ 3,673.367 Judicial Administration 1,364,788 1,457,748 Public Safety 12,949,420 12,583,834 Public Works 8,938,307 9,646,283 Health and Welfare 5,567,714 5,460,555 Parks, Recreation, and Cultural 1.835,480 1.937,404 Community Development 318,844 338,567 Education 24,180,835 26.120,402 Debt Service 4,962,087 3,668,871 Nondepartmental 554~721 2,079r398 Total $ 64~370~253 $ 66~966~430 Current Fiscal Year Percent of Percentage Unencumbered Revised Budget of Change Balance Appropriations Obligated 0.67%) $ 5,393,572 $ 9,066,939 40.51% 6.81% 2,036,110 3,493,859 41.72% 2.82%) 17,208,962 29,792,796 42.24% 7.92% 10,527,259 20,173,542 47.82% 1.92%) 8,861,083 14,321,638 38.13% 5.55% 2,438.012 4,375,416 44.28% 6.19 % 560,318 898,885 37.67% 8.02% 43,224,198 69,344,600 37.67% 26.06%) 3,483,446 7,152,317 51.30% 274.85% 2,786,124 4 865 522 42.74% 4.03% $ 961519,084 $ 163,485,514 40.96% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF NOVEMBER 30, 1992 General Government Education Recreation Streets and Bridges Sanitation Projects Traffic Engineering & Communications Other Infrastructure Projects Capital Improvement Reserve Total Expenditures Unexpended Outstanding Unencumbered Budqet To Date Balance Encumbrances Balance 10,622,674 $ 5,241,290 $ 5,381,384 $ 431,827 $ 4,949,557 11,735,656 6,208,646 5,527,010 1,708,521 3,818,489 352,140 233,610 118,530 106,133 12,397 7,371,097 4,149,137 3,221,960 972,869 2,249,091 2,097,642 1,678,198 419,444 205,890 213,554 1,389,028 1,239,006 150,022 64,341 85,681 10,583,364 3,823,190 6,760,174 1,968,708 4,791,466 5.282,037 5.282,037 ~ $49,433.638 $ 22~573,077 $ 26,860,561 ~ $ 21 402 272 4 CITY OF ROANOKE WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Sale of Land Total Non-Operating Income Net Income 1992 1,048,112 1,004,726 86,317 9,058 632,403 130,130 2,910.746 39O,376 559,724 157,791 129,847 1,237,738 1,673,008 295,811 1,377,197 26,580 5,300 124 150 32,154 1.409.351 1991 $ 679,389 833,753 52,790 8,363 763,6O3 158,534 2,497,432 374,346 546,925 154,714 153,800 1,229,785 1,267,647 297,665 969,982 40,546 3,775 3,265 47,586 5 WATER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect New Service, Hydrants, Lines Unidentified Plant Replacement Fire Hydrants FC Plans and Specs FY86 Project Design Carvins Cove Improvement Phase I Edgewood Replacement Falling Creek Plant Rehabilitation Phase I Franklin Road Widening Carvins Cove Improvement Phase II Water Plant Expansion Bonds 92 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 113,395 205,427 2,410 178,676 12,103 1,118,810 9,007 1,424,202 1,011 598,635 784,736 4,448,412 3,399.568 1.048.844 NOTE: Some of these projects are continued from prior years with inception to date totals. 6 CITY OF ROANOKE SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income 6efore Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Miscellaneous Total Non-Operating Income Income (Loss) Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Total Non-Operating Expenses Net (Loss) 1992 1,880,808 304,269 87,752 223,309 27,089 31,531 13,925 2,568.683 599,674 1,695,930 2,295.604 273,079 400,001 (126,922) 27,0O3 50,699 77,702 ( 49,220) 14,488 14,488 $( 63.708) 1991 1,923,955 237,498 82,495 259,359 24,361 37,957 5,316 2,570,941 577,491 1,674,715 2,252,206 318,735 403,024 84,289) 40,598 44,720 85,318 1,029 20,864 20,864 $( 19.835) 7 SEWAGE TREATMENT FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Unidentified Construction FY86 Projects Design Roanoke Diesel Engine #6 Franklin Road Widening Peters Creek Flood Reduction Phase I Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures 17,172 24,011 60,697 821,476 29,128 28,854 981,338 878,252 103.086 NOTE: Some of these projects are continued from prior years with inception to date totals. 8 ROANOKE REGIONAL AIRPORT COMMISSION COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Airfield Revenue General Aviation Revenue Terminal Building Revenue Other Revenue Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest Income Airport Debt Service Accounts Noise Study Grant Runway Maintenance Grant State Promotion Grant Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Paying Agent Fees Interest Expense 1988 Revenue Bond Issue Total Non-Operating Expenses Net Income {Loss) 1992 $ 277,816 44,942 1,287,761 107,935 1,718,454 530,857 685,064 1,215,921 502,533 440,541 61,992 70,796 11,159 41,600 10,613 14,856 3,291 152,315 214,307 32,327 2,327 217,454 252,109 1991 $ 415,329 41,053 1,120,681 61,997 1,639,060 465,107 620,691 1,085,798 553,262 447,033 106.229 93,711 20,555 62,305 11,815 1,115 189,501 295,730 35,847 2,304 217,438 255,589 $ 40,141 9 ROANOKE REGIONAL AIRPORT COMMISSION (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Furniture and Equipment Vehicular Equipment Other Equipment Unidentified Construction Refurbish Buildings Paint and Repair Buildings General Aviation Development FAR Part 150 Noise Study Perimeter Road and Electric Projects Snowblower/AIP 11 Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 9,138 22,688 3,526 27,600 37,318 2,400 123,633 141,240 778,801 3,000 1,149,344 749,022 $ 400.322 NOTE: Some of these projects are continued from prior years with inception to date totals. 10 CITY OF ROANOKE CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Expenses Before Depreciation Operating: Personal Services Fringe Benefits Contractual Services Internal Services Utilities and Communications Other Charges Rental and Leases Promotional Expenses: Personal Services Fringe Benefits Contractual Services Other Charges Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Operating Supplement From General Fund Interest on Investments Miscellaneous Total Non-Operating Income (Loss) Net Income (Loss) 1992 171,431 19,103 75,911 715 30,851 47.183 345.194 246,999 60,315 39,265 30,819 121,746 67,O64 1,950 23,725 1,798 3,989 531) 597,139 251,945) 149,158 401.103) 678,616 5,522 1,575 685.713 1991 $ 166,767 27,767 62,847 600 35,498 28.652 322,131 186,564 44,986 34,358 205,423 124,214 30,361 975 21,836 1,658 29,323 1,042) 678,656 356,525) 149.807 506,332) 5,727) 3,777 1,950) 508.282) 11 CIVIC CENTER FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Other Equipment Asbestos Abatement Acoustical Enclosure Removal Air Conditioning in Coliseum Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 47,034 233,835 118,800 295 399,964 233.835 $ 166.129 NOTE: Some of these projects are continued from prior years with inception to date totals. 12 CITY OF ROANOKE TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Church Avenue Parking Garage Tower Parking Garage Surface Parking Lots Total Operating Revenue Less: Operating Expenses Before Depreciation Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Transfer from General Fund Interest on Investments Miscellaneous Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Interest Expense Operating Subsidy for GRTC Total Non-Operating Expenses Net Income 1992 2,090 116,332 81,061 187,053 91,533 24,128 502,197 241,249 241.249 260,948 218,414 42,534 719,163 2,165 955 722,283 764,817 340,768 338.516 679.284 $ 85.533 1991 116,599 79,753 177,795 43,362 24,464 441,973 174,358 174,358 267,615 157.310 110,305 300,000 417 355 300,772 411,077 25,839 300,000 325.839 13 CITY OF ROANOKE NURSING HOME FUND INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Private Patient Fees Medicaid Patient Fees Medicaid Reimbursement Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Interest on Investments Operating Supplement Total Non-Operating Income Net Income 1992 60,010 107,715 253,576 421,301 454,131 109,788 563,919 (142,618) 21,852 (164,470) 3,716 405,553 409,269 $ 244799 14 NURSING HOME FUND (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment Total Project Expenditures Year to Date Expenditures $ 9,079 $ 9.079 15 CITY OF ROANOKE HOTEL ROANOKE CONFERENCE CENTER FUND INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating (Loss) Add: Non-Operating Income Contribution from Capital Fund Contribution from Virginia Tech Interest on Investments Total Non-Operating Income Net Income 1992 22,975 22,975 (22,975) 50,000 50,000 305 100.305 $ 77~30 16 CITY OF ROANOKE INTERNAL SERVICE FUND COMPARATIVE INCOME STATEMENT FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Expenses Before Depreciation Personal Services Operating Expenses Total Operating Expenses Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Total Non-Operating Income Net Income 1992 3,812,149 3,812,149 1,863,754 846,155 2,709,909 1,102,240 232,352 869,888 41,495 41,495 911,383 1991 3,389.417 3,389,417 1,780,649 832,842 2,613,491 775,926 255,177 520,749 59,770 59,770 17 INTERNAL SERVICE FUND (CONTINUED) Capital Outlay Not included in Operating Expenses: Project Management Services - Furniture and Equipment Management Services - Other Equipment City Information Systems - Other Equipment City Information Systems - Library Automation Equipment Fleet Management - Furniture and Equipment Fleet Management - Other Equipment Utility Line Services - Other Equipment Total Year to Date Exnenditures 2,578 106,118 24,456 10,035 4,438 1,329 4.375 $ 153.329 18 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENER~M. STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED NOVEMBER 30, 1992 TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED NOVEMBER 30, 1992. GENERAL $18,424,448.57 $9,272,315.59 $13,657,313.76 ~4;;~4~10i~ $9,693,783.39 WATER 31,531,800.53 305,271.67 233,300.89 ~ ~i~i~i~ 2,121,0S1.99 SEWAGE 2,115,116.06 868,688.72 1,048,035.81 1,953,914.05 AIRPORT 5,780,504.22 358,571.32 345,530.75 ~:~ 4,707,039.39 CIVIC CENTER 542,963.01 150,291.54- 118,172.16 ~,0~ (496,812.99) INTERNAL SERVICE 3,016,890.20 908,757.65 228,771.65 3,277,129.14 TRANSPORTATION 185,703.04 95,093.37 71,813.99 (16,985.61) CAP,TAL 19,004 628.36 1~7 881.83 993,537.03 287 095.12 NURSING HO~E 423,537.2~ 29,105.21 104,~6.S0 0.00 HOTE, ~ CONVENT~O, 77,025.37 60.16 0.00 0.00 ~EBTSERWCE ~,979,243.50 57,~71.~0 0.00 ~,~,~.~9 PENSION (42,~5.01) 1,079,652.35 6~,789.22 (92,726.85) FDiC 297,773.37 155,400.71 452,~0.33 8.675.96 GRANT PROG~MS (330,335.04) 518,110.95 586,473.43 (505,049.4~ ,~,O,L ~7.ae,.as~.o~) ~o,~a,~o~.~e ~.,0~.~42.9, ~7.~7.~1~.~) CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA. FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED NOVEMBER 30, 1992 THAT SAID FOREGOING: CASH: CASH IN H^ND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: CERTIFICATES OF DEPOSIT DOMINION BANK SIGNET BANK STATE NON-ARBITRAGE PROGRAM (SNAP) TOTN.. DATE: DECEMBER 16, 1992 UNITED STATES SECURITIES $1,ooo,ooo.oo GOROO'~ E. PET~'~-S. ~"dAN~O[(E'~ TREASURER 19 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 5 MONTHS ENDING NOVEMBER 30, 1992 Revenue City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1992 2,198,706 1,581,411 1,818,305 166,268 5,764.690 1991 2,064,835 1,847,731 2,389,516 47,871 6,349.953 Expenses Pension Payments Fees for Professional Services Active Service Death Benefit Expense From Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date 2,814,081 175,406 19,939 118,724 11,560 3,139.710 2,624.980 2,705,282 155,518 95,297 4,073 2.960.170 3.389.783 20 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF NOVEMBER 30, 1992 Assets Cash Investments: (market value - Due From Other Funds Other Assets Total Assets 1992 $147,584,850 1991 ~129,520,767) 1992 1991 341,618 $( 107,402) 130,285,948 1,097 18,000 $ 130646663 117,315,277 431 18,00q 117 226 306 Liabilities and Fund Balance Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Fund Balance Total Liabilities and Fund Balance 583,689 583,689 127,437,994 2,624,980 130 062 974 130 646 663 $ 549,364 549,364 113,287,159 3,389,783 116,676,942 $ 117 226 306 21 MARy F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 File #51-110 SANDRAH. EAKIN Deputy City Clerk Mr. L. Elwood Norris, Chairperson Board of Zoning Appeals 3818 Park Lane, S. W. Roanoke, Virginia 24015 Dear Mr. Norris: I am enclosing copy of Ordinance No. 31295-010493 granting a limited exception to the three term limit established by Section 2-281.1, Code of the City of Roanoke (1979), as amended, for incumbent members of the Board of Zoning Appeals who would otherwise be subject to such term limit. Ordinance No. 31295-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, January 4, 1993. Sincerely, /~d. AJ~<~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. pc: Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Walter L. Wheaton, Member, Board of Zoning Appeals, 1202 Mercer Avenue, N. W., Roanoke, Virginia 24017 Mr. Robert R. Copty, Member, Board of Zoning Appeals, 3009 Burnleigh Road, S. W., Roanoke, Virginia 24014 My. Richard A. Rife, Member, Board of Zoning Appeals, 2301 Lincoln Avenue, S. W., Roanoke, Virginia 24015 Mr. Talmage E. Roberts, Member, Board of Zoning Appeals, 1344 Lakewood Drive, S. W., Roanoke, Virginia 24015 Mr. Wliliam F. Clark, Director, Public Works Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Ms. Patti C. Hanes, Secretary, Zoning Appeals Mr. John R. Marlles, Chief, Community Planning Ms. Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1993. No. 31295-010493. AN ORDINANCE granting a limited exception to the three term limit.established by S2-281.1, Code of the City of Roanoke (1979), as amended, for the incumbent members of the Board of Zoning Appeals who would otherwise be subject to such term limit; and providing for an emergency. WHEREAS, the Board of Zoning Appeals ("Board") is a quasi- judicial body charged with the responsibility under S62 of the City Charter of hearing and deciding appeals from administrative orders or decisions made by administrative officials in the enforcement of the City's zoning regulations, hearing and deciding special exceptions to the zoning regulations and authorizing variances from the zoning regulations; WHEREAS, the terms of each of the five members of the Board expire on December 31, 1992, or as Soon thereafter as a successor is appointed and qualified; WHEREAS, under S2-281.1, Code of the City of Roanoke (1979), as amended, four of the five members of the Board of Zoning Appeals will have completed three consecutive complete terms of office after the date of adoption of $2-281.1 and are, therefore, ineligible for reappointment; WHEREAS, by Chapter 466 of the 1991 Acts of Assembly, $62(8) of the City Charter was amended to provide for staggered terms for WHEREAS, the intent of the General Assembly in amending S62(8) to provide for staggered terms for members of the Board of Zoning Appeals was to promote uniformity and consistency in interpretation and enforcement of the City's zoning regulations; WHEREAS, the Board of Zoning Appeals follows the principle of stare dec/sis in rendering its quasi-Judicial decisions, and loss of four of the five incumbent members of the Board at one time may have a prejudicial effect on uniform and orderly enforcement and interpretation of the City's zoning regulations; and WHEREAS, City Council desires to grant a limited exception from the terms of S2-281.1 of the City Code with respect to the incumbent members of the Board who would otherwise be subject to such term limits; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The four incumbent members of the Board of Zoning Appeals who are subject to the term limitation established by S2-281.1, Code of the City of Roanoke (1979), as amended, shall be eligible for one additional term (which may be a full or partial term) after December 31, 1992, and, upon the expiration of the additional term permitted by this ordinance, each such member shall be subject to the term limitation of ~2-281.1. 2. Upon the expiration of the terms of the incumbent members of the Board of Zoning Appeals on December 31, 1992, two members shall be appointed for terms of three years each, commencing January 1, 1993, and expiring December 31, 1995; two members shall be appointed for terms of two years each, commencing January 1, 1993, and expiring December 31, 1994; and one member shall be appointed for a term of one year, commencing January 1, 1993, and expiring December 31, 1993. 3. Section 2-281.1 is hereby amended to the extent of any inconsistency with this ordinance. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be effective immediately upon its adoption. ATTEST: City Clerk. CITY OF ROANO 464 MUNICIPAL ~UILDING ROANOKE, 'VIRGINIA 24011-15~5 '92 DEC 30 PI2:46 TE[ECOPIER: 7G~-~1-2940 WILBURN C. DIBLING, JR. January 4, 1993 WILLIAM X PARSONS MARKALLAN WILLIAMS STEVEN J. TALEVI KATHLEEN MARIE KRONAU The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Board of Zoning Appeals Dear Mrs. Bowles and Gentlemen: At the City Council meeting of December 14, 1992, Council referred to the City Attorney the issue of City Council's term limitation ordinance which would bar reappointment of four of the five incumbent members of the Board of Zoning Appeals ("Board"). This report suggests a solution to this problem which may be implemented by adoption of the attached ordinance. As City Council is aware, S2-281.1, Code of the City of Roanoke (1979), as amended, provides that upon the completion of three consecutive complete terms of office after the date of adoption of S2-281.1, no member of any permanent board, authority, commission or committee of the City shall be eligible for reappointment to the same office. While the terms of all five members expired on December 31, 1992 (or as soon thereafter as their successors are appointed), four of the five incumbent members of the Board are subject to the term limitation established by S2- 281.1 and would not, without special action of City Council, be eligible for reappointment. It is significant that, in 1991, the City Charter was amended to prevent Just such an occurrence. Section 62(8) of the City Charter, adopted at the 1991 Session of the General Assembly, provides that, with the expiration of the terms of the five incumbent members of the Board, two members should be appointed for terms of three years each, two members should be appointed for terms of two years each and one member should be appointed for a term of one year. Of course, the City Charter does not mandate that any incumbent be reappointed. in the performance of its quasi-Judicial function, the Board follows the principle of stare declsis (precedent). It is very likely that ..... loss of four of the five incumbent members of the Board at one time would be prejudicial to the orderly and uniform The Honorable Mayor and Members of City Council January 4, 1993 Page 2 enforcement and interpretation of the City's zoning regulations. Therefore, I recommend the attached ordinance to City Council. The attached ordinance provides that the four incumbent members of the Board who are subject to the term limitation of S2- 281.1 may be reappointed for one additional term (which may be a full or partial term) and that these members would thereafter be subject to the term limitation of S2-281.1. Pursuant to S62(8) of the City Charter, appointment of the members of the Board would be on the following basis: (a) Two members for terms of three years each, commencing January 1, 1993, and expiring December 31, 1995; (b) Two members for terms of two years each, commencing January 1, 1993, and expiring December 31, 1994; and (c) One member for a term of one year, commencing January 1, 1993, and expiring December 31, 1993. I shall be pleased to answer any questions you may have with respect to this report or the attached ordinance. With kindest personal regards, I am Sincerely yours, City Attorney WCD:f Attachment cc: The Honorable Chairman and Members, Board of Zoning Appeals W. Robert Herbert, City Manager Mary F. Parker, City Clerk William F. Clark, Director of Public Works Ronald H. Miller, Building Commissioner/Zoning Administrator John R. Marlles, Chief, Community Planning 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 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #51 Mr. Stephen M. Claytor, Agent Fralin and Waldron, Inc. P. O. Box 20069 Roanoke, Virginia 24018-0503 Dear Mr. Claytor: I am enclosing copy of Ordinance No. 31271-010493 rezoning a tract of land located at 3002 Brandon Avenue, S. W., containing .327 acre, more or less, identified as Official Tax No. 1620111, from RM-2, Residential Multi-Family, Medium Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Ordinance No. 31271-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o pc: Fuel Oil and Equipment Company, p. O. Box 12626, Roanoke, Virginia 24027 Mr. and Mrs. Cloyd S. Brown, 2707 Lansing Drive, S. W., Roanoke, Virginia 24015 Mr. T. H. Kemper and Ms. Lucy Ellet, 3752 B randon Avenue, S. W., Roanoke, Virginia 24018 Mr. R. E. Tax, Manager, Colonial Townhome Associates, 8700 West Bryn Mawr, 9th Floor, Chicago, Illinois 60631 Mr. Horace G. Fraiin, p. O. Box 20069, Roanoke, Virginia 24018-0503 Ms. Evelyn J. Waidron, Trustee of the Karen Waidron Lester Trust, p. O. Box 20487, Roanoke, Virginia 24018 Mr. Stephen M. Ciaytor, Agent January 7, 1992 Page 2 pc: Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Agent, City Planning Commission Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals Mr. Willard N. Claytor, Director of Real Estate Valuation Ms. Doris K. Layne, Real Estate Appraiser Aide Mr. Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, The 4th day of January, 1993. No. 31271-010493. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 162, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on December 14, 1992, 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 opportunit~ to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 162 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A .327-acre tract of land lying at the southeast corner of the intersection of Edgewood Road and Brandon Avenue, commonly referred to as 3002 Brandon Avenue, S.W., and designated on Sheet No. 162 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1620111, be, and is hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to CN, Neighborhood Commercial District, subject to those conditions proffered by and set forth in the First Amended Petition, filed in the Office of the City Clerk on October 15, 1992, and that Sheet No. 162 of the Zone Map be changed in this respect. ATTEST: City Clerk. RmC,' ~,, CITY ;~ '92 NOV 23 / 10:5t Roanoke City Planning Commission December 14, 1992 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: I. Backro~: Subject: Request from Horace G. Fralin, W. H. Fralin and Evelyn J. Waldron, Trustees of the Karen Waldron Lester Trust, represented by Stephen M. Claytor, agent for the owner, that property located at 3002 Brandon Avenue, S.W., Official Tax No. 1620111, be rezoned from RM- 2, Residential Multifamily, Medium Density District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. Pur_~ of the rezoning request is to place an existing commercial building into a conforming zoning district classification. Petition to rezone was filed on October 14, 1992. ~irst amended petition to rezone was filed on October 15, 1992. The following condition was proffered by the petitioners: The property to be rezoned will not allow the following uses identified in the City zoning code section 36.1-164 as permitted uses: (2) (10 (11 (12 (13 (19 (21 (25 Elementary and secondary schools Police Stations Fire Stations Post Offices Theaters Funeral Homes Bed and Breakfast Establishments Public Parking Lots F~)o~n 355 Municipal Building 215 Churd] Avenue. S.W Roanoke, Virginia 2401 ~ (703)981-2344 Members of City Council Page 2 December 14, 1992 Planninq Commission public hearin,3 was held on Wednesday, November 4, 1992. Mr. Steve Claytor, director of development for Fralin and Waldron, appeared before the Commission and stated he was representing the owners of the land at 3002 Brandon Avenue who desired to rezone their property to CN. He noted that he had agreed to proffer certain conditions which prohibited the use of the property for eight specific uses. Mr. Claytor described the structure on the property as a two story brick, Cape Code style building which had been used as a bank from 1967 until the end of August, 1989. He said that the owners wanted to place the building into a conforming zoning category and eliminate the legal, nonconforming status. He said there would be no impact on the surrounding community. He noted that he had informed the Greater Deyerle Civic League of the proposed rezoning and had offered to meet with them. He noted that no meeting had been requested by the organization, but that he had spoken with Mr. Jonathan Rogers, counsel for the organization, and Mr. Hugh Meagher, the organization,s president. He noted there were no objections to the request. Mrs. Dorsey gave the staff report. She noted that a rezoning had to be requested because the two year limitation had expired on the continual use of a nonconforming structure. She noted that staff was recommending approval of the requested rezoning to CN. Mr. Bradshaw and Mrs. Dorsey discussed the uses and whether or not the property could potentially be used for some of the excluded uses. In response to a question from Mr. Price relative to amenities to the property, Mrs. Dorsey stated that if no additions or improvements were made to the building, then there would be no additional amenities required. She noted that the area was already buffered between the parking area and the apartments. Mr. Claytor stated that he would be pleased to delete the proffered condition or leave it in at the Commission,s pleasure. No one from the audience appeared before the Commission in favor of or in opposition to the request. Members of City Council Page 3 December 14, 1992 II. Issues: Zoning of the subject property is RM-2, Residential Multifamily, Medium Density. The zoning pattern in the area is as follows: to the north is a mixture of C-2, General Commercial District, RM-2, Residential Multifamily District and conditional C-2, Office District; to the east and south is RM-2, Residential Multifamily District; and to the west is RA, Residential Agricultural District. Land use of the subject property is a vacant, commercial bank building. Surrounding land uses in the area are as follows: to the south and east are multifamily apartment developments; to the west is farm land; and to the north are highway-oriented commercial uses such as a service station, convenience store, restaurant and sporting goods store. Utilities are existing and of adequate capacity to accommodate the proposed adaptive reuse of the existing ~uilding. No further development of the subject property is proposed. D. Access to the subject property is easily provided from the adjoining public streets, Brandon Avenue and Mudlick Road. The City Traffic Engineer has stated that given the proposed use(s) of the property are not traffic intensive in nature, that the existing street system, coupled with the existing off-street parking area on the site, that no significant impacts on the traffic pattern in the area is anticipated. E. Neiqhborhood orqanization is the Greater Deyerle Neighborhood Association. The Planning office notified the president of the organization in writing on October 16, 1992, and as of the writing of this report, no comments have been received by this office. F. ~omDrehensive Plan recommends that: 1. Expansion of commercial development is carefully evaluated to ensure minimal conflict with residential areas and to promote good land use. 2. Neighborhood character and nvlronmental quality be e ' protected. III. Alternatives: A. ~ ~ the requested rezoning. Members of City Council Page 4 December 14, 1992 ~ of the subject property would become conditional, CN, Neighborhood Commercial District, and the adaptive reuse of the existing commercial building could occur. Land use would become neighborhood service/retail business supportive surrounding residential areas. commercial of the Utilities are available and of adequate capacity to serve the proposed adaptive reuse of the developed property. Since no further development of the site is proposed, all future redevelopment of the subject property shall be addressed during site development plan review. Access to and from the site would continue to be from the adjoining public streets, Brandon Avenue and Mudlick Road. No significant traffic impacts are anticipated from the proposed adaptive reuse of the subject property. ~ would have no negative impact from the proposed neighborhood commercial activities proposed on the subject property. The property was originally developed as a commercial bank in 1967 and operated as such until several years ago and the proposed lesser intensive uses would have no more impact on the area than the previous "legal nonconforming use" did. 6. Comprehensive Plan issues as set forth would be followed. ~ deny the requested rezoning. 1. .Zoninq of the subject property would remain RM-2, Residential Multifamily, Medium Density District and the adaptive reuse of an existing, vacant commercial building would not occur. 2. Land use would remain a vacant, commercial bank building which is not conducive for residential purposes. Utilities would be unaffected. Access would not be an issue. ~ would remain unchanged except for ~he continued presence of a vacant, commercial building Members of City Council Page 5 December 14, 1992 at one of the area's major entrance/gateway intersections. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 7-0, recommended approval of the requested rezoning of the subject property noting that it meets the purpose and intent of the neighborhood commercial zoning classification. Furthermore, the conditional rezoning will take an existing "legal nonconforming use" and place it into a conforming zoning district that would facilitate the adaptive reuse of a vacant, commercial structure as well as would provide a transitional buffer area between the existing highway-oriented commercial uses to the west and the residential development to the east. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner R 0 ~N;'~ L1K ~ VA 2401~ 533 CITY '92 DEC14 P3:13 STA/~ {iF VIRGINIq CIIY Of: R/]hN(JKc x~FFI~aVIT OE PUCLICnTION 1, ITrk UNOSRSIGNFO) a,N AUTHORIZED REPRESENTATIVE (lie TH~ TIM~S-WORLD COR- PORATI{)~, ~HICH CO~P{]R~F ILIN IS PUBLISHER OF THE ROr¢$(JKE TI~.'FS & v, ORLD-NEv~S~ A DqILY tNEWS~;NP~k PU~LISt~EO IN ROANOKE, IN THE STAT~ OF VZRGINIz4, OO C~RTIFY THAT THE ANNEXF~D NOT~CE w~S PUBLISHED I~l SAIO NEWSPAPERS ON TiiE FOLLOWING DATES 11/27/92 12/0~+/92 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 14, 1992, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multifamily, Medium Density District, to CN, Neighborhood Commercial District, the following property: A tract of land lying at the southeast corner of the intersection of Edgewood Road and Brandon Avenue containing .327-acre and as identified by Roanoke City tax maps as parcel 1620111 and commonly referred to as 3002 Brandon Avenue, S.W., 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 question. GIVEN under my hand this 25th the above date and be heard on __ day of November , 1992. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 27, 1992, and once on Friday, December 4, 1992, in the Roanoke Times and World-News. Send publisher's affidavit: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Stephen M. Claytor Fralin and Waldron, Inc. P. O. Box 20069 Roanoke, Virginia 24018-0503 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 3, 1992 File #51 SANDRA H. EAK1N Deputy City Clerk Mr. Stephen M. Claytor, Agent Fralin and Waldron, Inc. P. O. Box 20069 Roanoke, Virginia 24018-0503 Dear Mr. Claytor: 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 will be held on Monday, December 14, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Horace G. Fralin, W. H. Fralin and Evelyn J. Waldron, Trustees of the Karen Waldron Lester Trust, that a tract of land located at 3002 Brandon Avenue, S. W., containing .327 acre, more or less, identified as Official Tax No. 1620111, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing and an ordinance providing for the rezoning, which notice and ordinance were prepared by the City Attorney's Office. Please review the documents and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw December Eno. Mr. 'Stephen M. Claytor, Agent December 3, 1992 Page 2 pc: Fuel Oil and Equipment Company, P. O. Box 12626, Roanoke, Virginia 24027 Mr. and Mrs. Cloyd S. Brown, 2707 Lansing Drive, S. W., Roanoke, Virginia 24015 Mr. T. H. Kemper and Ms. Lucy Ellet, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. R. E. Tax, Manager, Colonial Townhome Associates, 8700 West Bryn Mawr, 9th Floor, Chicago, Illinois 60631 Mr. Horace G. Fralin, P. O. Box 20069, Roanoke, Virginia 24018-0503 Ms. Evelyn J. Waldron, Trustee of the Karen Waldron Lester Trust, P. O. Box 20487, Roanoke, Virginia 24018 TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE REZONING REQUEST OF: VIRGINIA 'P2 OOT 27 All :28 Request from Horace G. Fralin, W. H. Fralin and ) Evelyn J. Waldron, to rezone property located at )AFFIDAVIT 3002 Brandon Avenue, S.W., Official Tax No. ) 1620111 from RM-2 to CN, conditional. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Seretary of the City of Roanoke Planning Commission, own personal knowledge. provisions of Section amended, on behalf of Roanoke, she has sent and as such is competent to make this affidavit of her Affidavit states that, pursuant to the 15.1-341, Code of Virginia, (1950), as the Planning Commission of the City of by first-class mail on the 26th day of September, 1992, notices of a public hearing to be held on the 4th day of November, 1992, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: parcel Owner, Aqent or Occupant Address 1610207 Fuel Oil and Equipment Co. P.O. Box 12626 Roanoke, VA 24027 1620211 Cloyd S. and Mary E. Brown 2707 Lansing Drive Roanoke, VA 24015 1620110 First National Bank of 3752 Brandon Avenue c/o Lucy Ellet and T. H. Kemper Roanoke, VA 24018 1620101 Colonial Townhome Assoc. 8700 West Bryn Mawr Att. R. E. Tax Manager 9th Floor Chicago, IL 60631 Mh~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of October, 1992. My Commission Expires: MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Chin-ch Avenue, S.W., Room 4.56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 October 16, 1992 SANDRA H. EAKIN Deputy Cit> C erk File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Stephen M. Claytor, Agent, representing Horace G. Fraiin, W. H. Fralin and Evelyn J. Waidron, Trustees of the Karen Waldron Lester Trust, requesting that a tract of land located at 3002 Brandon Avenue, S. W., containing .327 acre, more or less, identified as Official Tax No. 1620111, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to CN, Neighborhood Commerciai, subject to certain conditions proffered by the petitioners. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw r/fraiin Enc. pc: The Honorable Mayor and Members of the Roanoke City Council ~.Mr. John R. Marlles, Agent, City Planning Commission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. Stephen M. Claytor, Agent, Fraiin and Waldron, Inc. P. O. Box 20069, Roanoke, Virginia 24018-0503 ' Mr. Horace G. Fralin, p. O. Box 20069, Roanoke, Virginia 24018-0503 Ms. Evelyn J. Waldron, Trustee of the Karen Waldron Lester T~ast, P. O. Box 20487, Roanoke, Virginia 24018 FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a tract of land lying at the southeast corner of the intersection of Edgewood Road and Brandon Avenue containing .327 acres± and as identified by Roanoke City tax maps as parcel 1620111 and commonly referred to as 3002 Brandon Avenue, from RM-2 to CN, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Horace G. Fralin, individually, W. H. Fralin and Evelyn J. Waldron, Trustees of the Karen Waldron Lester Trust, own land in the City of Roanoke containing .327 acres, more or less, located at 3002 Brandon Avenue TM #1620111. Said tracts is currently zoned RM-2. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2, Residential Multi-Family-Medium Density District, to CN, Neighborhood Commercial District, for the purpose of placing an existing commercial building into a conforming zoning district classification. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that the original commercial bank building, constructed in 1967, will be removed from a "legal non- conforming status" and placed into a conforming commercial zoning 1 district. A copy of the as-built survey of the subject property is attached and labeled Exhibit C. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following condition: a) The property to be rezoned will not allow the following uses identified in the City Zoning Code Section 36.1-164 as permitted uses: (2) Elementary & Secondary Schools (10) Police Stations (11) Fire Stations (12) Post Offices (13) Theaters (19) Funeral Homes (21) Bed & Breakfast Establishments (25) Public Parking Lots Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from property to be rezoned. WHEREFORE, the Petitional requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 15th day of October, 1992. By: Respectfully submitted, St~en M.-~aytor, Agent for Owner Fralin and Waldron, Inc. 2917 Penn Forest Blvd. P.O. Box 20069 Roanoke, VA 24018-0503 (703) 774-4415 horace G. Frali~' 2917 Penn Forest Blvd. P.O. Box 20069 Roanoke, VA 24018-0503 (703) 774-4415 Karen Waldron Lester Trust Evelyn J.~Waldron 3912 Electric Road P.O. Box 20487 Roanoke, Virginia 24018 (703) 989-0000 3 BIT A SUBJECT PARCEL TO BE REZONED FROM RM-2 TO CN PETITION TO REZONE EXHIBIT B TAX MAP NO. ADDRESS OWNER(S)/ADDRESS 1610207 3101 Brandon Avenue, SW Fuel Oil & Equipment Co., Inc. P.O. Box 12626 Roanoke, VA 24027 1620211 2707 Lansing Drive, SW Cloyd S. Brown Mary E. Brown 2707 Lansing Drive, Roanoke, VA 24015 SW 1620110 Brandon Avenue, SW First National Bank of c/o Lucy Ellet & T. H. Kemper 3752 Brandon Avenue, SW Roanoke, VA 24018 1620101 2902 Brandon Avenue, SW Colonial Townhome Assoc. Att. R.E. Tax Manager 9th Floor 8700 West Bryn Mawr Avenue Chicago, IL 60631 °%% NOTE: THIS PROPERTY OR A PORTION OF THIS PROPERTY AS SHOWN IS LOCATBO WITHIN THE LIMITS OF A 100 YEAR FLOOD BOUNDARY AS FLOOD ZONE A9 THIS SURVEY WAS PEREORMED WITROUT THE BENEFIT OE A CURRENT TITLE REPORT ARD THERE M~Y EXIST EASEMENTS NOT SHOWN HEREON, PLAT SHOWING PROPERTY OF HORACE ~. FRALIN & KAREN NALDRON LESTER TRUST BEING PART OF TRACT 6 JOHN A. PERSINGER HEIRS MAP ROANOKE COUNTY P.B. 2, PAGE 164 ROANOKE, VIRGINIA LEGAL REFERENCE: D.B. 1156, PAGE 327 J3ATE~ 14 OCTOBER, 1992 LUMEDEN ASSOCIATES, P. C. ENGINEER$-$URVEYOR$-~LANNER$ .1 7 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, November 4, 1992, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Horace G. Fralin, individually, W. H. Fralin and Evelyn J. Waldron, Trustees of the Karen Waldron Lester Trust, represented by Stephen M. Claytor, Agent for the Owner, that property located at 3002 Brandon Avenue, S.W., Official Tax No. 1620111, be rezoned from RM-2, Residential Multifamily, Medium Density District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, October 20, 1992 Please run in newspaper on Tuesday, October 27, 1992 Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Please bill: Stephen M. Claytor Fralin and Waldron, Inc. P. O. Box 20069 Roanoke, VA 24018-0503 (703) 774-4415 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 SANDRA H. EAFdN Deputy City Clerk October 14, 1992 File #51 Mr. Charles A. Price, Jr., Chairperson 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 Stephen M. Claytor, Agent, representing Horace G. Fralin, W. H. Fralin and Evelyn J. Waidron, Trustees of the Karen Waldron Lester Trust, requesting that a tract of land located at 3002 Brandon Avenue, S. W., containing .327 acre, more or less, identified as Official Tax No. 1620111, be rezoned from RM-2, Residential Multi-Family, Medium Density District, to CN, Neighborhood Commercial, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw r/f talin gnc o pc: The Honorable Mayor and Members of the Roanoke C.ity Council Mr. John R. Marlles, Agent, City Planning Commission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. Stephen M. Claytor, Agent, FraHn and Waldron, Inc., P. O. Box 20069, Roanoke, Virginia 24018-0503 Mr. Horace G. Fralin, P. O. Box 20069, Roanoke, Virginia 24018-0503 Ms. Evelyn J. Wald~on, Trustee of the Karen Waldron Lester Trust, P. O. Box 20487, Roanoke, Virginia 24018 ~ETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI:~ IN RE: Rezoning of a tract of land lying at the southeast corner of the intersection of Edgewood Road and Brandon Avenue containing .327 acres± and as identified by Roanoke City tax maps as parcel 1620111 and commonly referred to as 3002 Brandon Avenue, from RM-2 to CN, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, Horace G. Fralin, individually, W. H. Fralin and Evelyn J. Waldron, Trustees of the Karen Waldron Lester Trust, own land in the City of Roanoke containing .327 acres, more or less, located at 3002 Brandon Avenue TM #1620111. Said tracts is currently zoned RM-2. A map of the property to be rezoned is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the said property be rezoned from RM-2 (Residential Multi-Family-Medium Density) District to CN (Neighborhood Commercial) District, subject to certain conditions set forth below correcting a non-conforming use. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will correct the current zoning designation to allow "by right" uses consistent with its historical use. This request will eliminate a non-conforming land use in the City. 1 The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and the Petitioner will abide by, the following condition: The property to be rezoned will not allow the following uses identified in the City Zoning Code Section 36 1-164 as permitted uses: · (2) Elementary & Secondary Schools (10) Police Stations (11) Fire Stations (12) Post Offices (13) Theaters (19) Funeral Homes (21) Bed & Breakfast Establishments (25) Public Parking Lots Attached as Exhibit B are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from property to be rezoned. WHEREFORE, the Petitional requests that the above-described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 14th day of October, 1992. By: Respectfully submitted, S~hen M.~'~aytor, Agent for Owner Fralin and Waldron, Inc. 2917 Penn Forest Blvd. P.O. Box 20069 Roanoke, VA 24018-0503 (703) 774-4415 2 Horace G. Fralin 2917 Penn Forest Blvd. P.O. Box 20069 Roanoke, VA 24018-0503 (703) 774-4415 Karen Waldron Lester Trust Evelyn j. Waldron 3912 Electric Road P.O. Box 20487 Roanoke, Virginia 24018 (703) 989-0000 E.'HIBIT A SUBJECT PARCEL TO BE REZONED FROM RM-2 TO CN 161 0~11 1610204 A "l'g'?? i?" o T ~4.,~ .× NOTE: THIS PROPERTY OR A ?ORTION OF THIS PROPERTY AS SHOWN iS LOCATED WITHIN THE LIHITS OF A 100 YEAR FLOOD BOUNDARY AS DESIGNATED BY FEMA. THIS OPINION IS BASED ON AN INSPECTION OF THE FLOOD INSURANCE RATE MAP FOR THE CITY OR ROANOKE COMMUNITY PANEL #310130 0020C DATED JUNE l, 1984, AND HAS NOT BEEN VERIFIED BY ACTUAL FIELD ELEVATIONS. FLOOD ZONE A9 '%, THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND THERE ~\Y EXIST EASEMENTS NOT SHOWN HEREON. PLAT SHOWING PROPERTY OF HORACE 6. FRALIN & KAREN WALDRON LESTER TRUST BEING PART OF TRACT 6 JOHN A. PERSINGER HEIRS MAP ROANOKE COUNTY P.B. 2, PAGE 164 ROANOKE, VIRGINIA SCALE:l" 20' DATE 14 OCTOBER, LUMSDEN ASSOCIATES, P. C. ENGtNEERS-SURVEYORS-PLANNERS ROANOKE, VIRGINIA LEGAl, REFERENCE: D.B. 1156, PAGE 327 1992 PETITION TO REZONE EXHIBIT B TAX MAP NO. ADDRESS OWNER(S)/ADDRESS 1610207 3101 Brandon Avenue, SW Fuel oil & Equipment Co., Inc. P.O. Box 12626 Roanoke, VA 24027 1620211 2707 Lansing Drive, SW Cloyd S. Brown Mary E. Brown 2707 Lansing Drive, SW Roanoke, VA 24015 1620110 Brandon Avenue, SW First National Bank of c/o Lucy Ellet & T. H. Kemper 3752 Brandon Avenue, SW Roanoke, VA 24018 1620101 2902 Brandon Avenue, SW Colonial Townhome Assoc. Att. R.E. Tax Manager 9th Floor 8700 West Bryn Mawr Avenue Chicago, IL 60631 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 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #51 Mr. and Mrs. Benjamin S. Motley 8110 Clovertree Court Richmond, Virginia 23235 Mr. Kenneth L. Motley 2514 Robin Hood Road, S. E. Roanoke, Virginia 24014 Dear Mrs. Motley and Gentlemen: I am attaching copy of Ordinance No. 31272-010493 rezoning tracts of land located at 1702/1704 Greenwood Road, S. W., described as Lot 11, Block 23, Map of Raieigh Court Corp., and 1708/1710 Greenwood Road, S. W., described as Lot 10, Block 23, Map of Raleigh Court Corp., Official Tax Nos. 1340101 and 1340103, respectively, from RS-3, Residential Singie Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by and set forth in the petition. Ordinance No. 31272-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Reginald p. Church and Ms. Barbara A. Delaney, 1712 Greenwood Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Charles G. Kepley, 1822 Windsor Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Benjamin S. Motley Mr. Kenneth L. Motley January 7, 1993 Page 2 pc: Mr. Bruce D. Anderson, 1822 Windsor Avenue, S. W. Roanoke, Virginia 24014 , Ms. Beulah Crumpler, 1827 Windsor Avenue, S. W., Roanoke, Virginia 24014 M~. and Mrs. W. Hart Crumpler, 1827 Windsor Avenue, S. W., Roanoke, Virginia 24014 Ms. Helen O. Guerrant, 1816 Windsor Avenue, S. W., Roanoke, Virginia 24014 Ms. Carolyn O. Smith, 1713 Arlington Road, S. W., Roanoke, Virginia 24014 The Henry W. Graham Estate, 1721 ArLington Road, S.W. Roanoke, Virginia 24014 , Ms. Margaret W. Carter, 1717 ArLington Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. John Landis, 1909 Windsor Avenue, S.W. Roanoke, Virginia 24014 , Mr. and Mrs. Perry Downing, 1905 Windsor Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Roy Thomas, 1901 Windsor Avenue, S.W. Roanoke, Virginia 24014 , Ms. Wanda Lee Driscoll, 1916 Windsor Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. CLinton Bailey, 1709 Greenwood Road, S.W. Roanoke, Virginia 24014 , Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Agent, City Planning Commission Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals Mr. WiLiard N. Claytor, Director of Real Estate Vaiuation Ms. Doris K. Layne, Real Estate Appraiser Aide Mr. Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1993. No. 31272-010493. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 134, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have fhe hereinafter described property rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning proper notice to all concerned as the City of Roanoke (1979), as public hearing on the matter, Council; and Commission, which after giving required by S36.1-693, Code of amended, and after conducting a has .made its recommendation to WHEREAS, a public hearing was held by City Council on said application at its meeting on December 14, 1992, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 134 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Two tracts of land located at 1702/1704 Greenwood Road, S.W., known as Lot 11, Block 23, Map of Raleigh Court Corp., and 1708/1710 Greenwood Road, S.W., known as Lot 10, Block 23, Map of Raleigh Court Corp., and designated on Sheet No. 134 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1340101 and 1340103, respectively, be, and are hereby rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, subject to those conditions proffered by and set forth in the Petition, filed in the Office of the City Clerk on October 14, 1992, and that Sheet No. 134 of the Zone Map be changed in this respect. ATTEST: City Clerk. RE.,:,,, u CiTY '92 NOV 23 A10:51 Roanoke Ci~' Planning Commission The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor December 14, 1992 Dear Members of Council: Subject: Request from Benjamin S. Motley, Kimberly C. Motley and Kenneth L. Motley, that property located at 1702/1704 Greenwood Road, S.W.,Official Tax No. 1340101 and property located at 1708/1710 Greenwood Road, S.W., Official Tax No. 1340103, be rezoned from RS- 3, Residential Single Family District, to RM- 2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backro~: Purpose of the rezoning request is to place an existing nonconforming use into a conforming zoning district classification to provide for the sale and continued use of said properties as duplexes. Petition to rezone was filed on October 14, 1992. The following condition was proffered by the petitioners: The petitioners will utilize the referenced properties in conformity with their original, continuous, and current use, more specifically, as residential duplexes with each tract containing no more than two dwelling units. Planninq Commission public hearinq was held on Wednesday, November 4, 1992. Mr. Ben Motley appeared before the Commission and stated that in selling their property, it had been discovered that the purchasers could not obtain conventional mortgage financing because of the nonconforming use status of the properties. He said that the structures were built in the 1930s and were originally built as duplexes and had always been used as duplex units. He Room 355 Municipal Building 2t5 Church Avenue, S.W~ Roanoke, Virginia 24011 (703)981-2344 II. Members Page 2 of Council said that a proffer of the proposed rezoning was that the property would continue to be used for the original use. Mr. Motley noted that the request had been discussed with the neighborhood and he had received no objection. He also stated that the civic league had written a letter offering no objection to the request. Mrs. Dorsey gave the staff report stating that the Planning staff recommended approval of the request in order to place the property in a conforming zoning status. No one from the audience appeared before the Commission in opposition to or in favor of the request. Issuers: ao Fo Zoninq of the subject properties is RS-3, Residential Single Family District. The zoning pattern in the area is as follows: to the north is RS-3, Residential Single Family and RM-2, Residential Multifamily Districts; to the far west is RM-2, Residential Multifamily and C-I, Office Districts; and to the immediate west, south and east is RS-3, Residential Single Family District. Land use of the subject properties is two (2) duplexes on the two adjoining lots. Surrounding land uses in the area consist of predominantly single family residence with a mixture of duplexes to the north and northwest. Utilities are available and of adequate capacity to serve the existing development on the subject properties. $ccess to the properties is provided by the adjoining public street, Windsor Avenue and Greenwood Road. The City Engineer has stated that given the existing and proposed continuance of the use of the subject ~roperties, that there would be no significant traffic Impacts on Windsor Avenue or Greenwood Road. Neighborhood orqanization for this area is the Greater Raleigh Court Civic League. The Planning Office received a letter from the president of this or anizatio g n on October 20, 1992, stating that the group supports the rezoning request given the fact that the lending institution is forcing the zoning change in order that a loan may be obtained for the sale of the properties. Comprehensive Plan recommends that: Members of Council Page 3 Enact zoning to facilitate preservation, infill, and more housing. Encourage variety of housing choice in existing neighborhoods through a balance of preservation, rehabilitation, and new development. III. Alternatives: A. City Council approve the rezoning request. Zoninq of the subject properties would become conditional, RM-2, Residential Multifamily, Medium Density District and the existing two-family dwellings would become legal conforming uses and would be permitted to continue. Land use would continue to be two family dwellings with the proffered condition that the properties would remain as such. Utilities are available and of adequate capacity to continue to serve the existing two-family dwellings. Given the fact that no further development is to occur on the subject properties, utilities would not be an issue. Access to and from the properties can be and is safely provided from the adjoining public streets. No traffic impacts are anticipated from the proposed continuation of the existing multifamily use on the subject properties. Neiqhborhood orqanization has written a letter to the Planning staff and Commission in support of the rezoning request. Their support is based on the fact that no further development of the subject properties will be done and the existing two- family dwellings will become legal, conforming uses. Comprehensive Plan issues as set forth would be followed. Council deny the rezoning request. Zoning of the subject properties would remain RS-3, Residential Single Family District. The existing multifamily dwellings would continue to be legal, nonconforming uses. Members of Council Page 4 Land use would remain residential and the existing use of the subject properties would be allowed to continue as legal, nonconforming uses. Utilities would be unaffected. Access to the properties would not be an issue. Comprehensive Plan issues as set forth could be followed at a later date. IV. Recommendation: The Planning Commission, by a vote of 7-0, recommended approval of the requested rezoning finding that the rezoning would place a legal, nonconforming use, originally designed and built approximately 50 years ago as two family dwellings, into a conforming zoning district classification. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner PUbLISHFR'$ F~ - KENrqFTH '4]TLEY a aSS3C 481a~ STARKLY kD S ~d P O ~UX 2,bll '92 OEO 14 P3:13 STATE: OF CITY {iF AFFIL];VIT /1F PU2LICATION I, (TriE IJNUE~SIG~E()I &~ AUTHORIZED REPRf!S~NTATIV: OF TH! Ii>itS-wORLD GI)R- P[)RAT~SN~ ~H~CH C~}F, PO&AT~O¢~ IS PU[flL~SHER DAILY NE,GP~PE-~ PUSLiSHEO IN ROAN(i)KE~ IN THE STATE OF VI~tGI~ilC~ OG CERTIFY TH;T THE AN~4EX~D ~'~]TICE ~S PU~sLISii~D IN SAID NEWSPAPERS U~ THF F{)LLS,~ING UATES 11/27/~2 ' -p ~%.. , I ~ NOTICE OF PUBLIC HEARING 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 14, 1992, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Residential Single Family District, to RM-2, Residential Multi-family District, Medium Density, the following property: Two tracts of land located at 1702/1704 Greenwood Road, S.W., known as Lot 11, Block 23, Map of Raleigh Court Corp., bearing Official Tax No. 1340101; and 1708/1710 Greenwood Road, S.W., known as Lot 10, Block 23, Map of Raleigh Court Corp., bearing Official Tax No. 1340103, 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 25th day of November , 1992. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 27, 1992, and once on Friday, December 4, 1992, in the Roanoke Times and World-News. Send bill to: Kenneth L. Motley Motley Associates P. O. Box 26tl Roanoke, Virginia 24010 Send affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2A011 Telephone: (703) 981-2541 December 3, 1992 File #51 SANDRA H. EAKIN Deputy City Clerk Mr. and Mrs. Benjamin S. Motley 8110 Clovertree Court Richmond, Virginia 23235 Mr. Kenneth L. Motley 2514 Robin Hood Road, S. E. Roanoke, Virginia 24014 Dear Mrs. Motley and Gentlemen: 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 will be held on Monday, December 14, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on your request that tracts of land located at 1702/1704 Greenwood Road, S. W., described as Lot 11, Block 23, Map of Raleigh Court Corp., and 1708 / 1710 Greenwood Road, S. W., described as Lot 10, Block 23, Map of Raleigh Court Corp., Official Tax Nos. 1340101 and 1340103, respectively, be rezoned from RS-3, Residential Singie Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by and set forth in the petition. For your information, I am enclosing copy of a notice of the public hearing and an ordinance providing for the rezoning, which notice and ordinance were prepared by the City Attorney's Office. Please review the documents and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. MFP: sw December Sincerely, Mary F. Parker, CMC/AAE City Clerk Enc. Mr: an'd~Mrs. Benjamin S. Motley Mr. Kenneth L. Motley December 3, 1992 Page 2 Mr. Reginald P. Church and Ms. Barbara A. Delaney, 1712 Greenwood Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Charles G. Kep]ey, 1822 Windsor Avenue, S. W., Roanoke, Virginia 24014 Mr. Bruce D. Anderson, 1822 Windsor Avenue, S. W. Roanoke, Virginia 24014 ' Ms. Beulah Crumpler, 1827 Windsor Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. W. Hart Crumpler, 1827 Windsor Avenue, S. W., Roanoke, Virginia 24014 Ms. Helen O. Guerrant, 1816 Windsor Avenue, S. W., Roanoke, Virginia 24014 Ms. Carolyn O. Smith, ]713 Arlington Road, S. W., Roanoke, Virginia 24014 The Henry W. Graham Estate, 1721 Arlington Road, S. W., Roanoke, Virginia 24014 Ms. Margaret W. Carter, ]717 Arlington Road, S. W., Roanoke, Virginia 24014 Mr. and Mrs. John Landis, 1909 Windsor Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Perry Downing, 1905 Windsor Avenue, S.W. Roanoke, Virginia 24014 ' Mr. and Mrs. Roy Thomas, 1901 Windsor Avenue, S.W. Roanoke, Virginia 24014 ' Ms. Wanda Lee Driscoll, 1916 Windsor Avenue, S. W., Roanoke, Virginia 24014 Mr. and Mrs. Clinton Barley, 1709 Greenwood Road, S W. Roanoke, Virginia 24014 ' ' TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Request from Kenneth Motley, Benjamin Motley and Kimberly Motley, to rezone property at 1702/1704 Greenwood Road, S.W., Official Tax No. 1340101 and 1708/1710 Greenwood Road, S.W. from RS-3 to RM-2, conditional. ' COMMONWEALTH OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Seretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of September, 1992, notices of a public hearing to be held on the 4th day of November, 1992, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: parcel Owner, Aqent or Occupant Address 1340104 Barbara A. Delaney 1712 Greenwood Road Reginald p. Church Roanoke, VA 24014 1340102 Charles G. Kepley 1822 Windsor Avenue Lisa A. Kepley Roanoke, VA 24014 Bruce D. Anderson 1340201 1340113 1340117 1340118 Beulah Crumpler W. Harr and Mary Crumpler Helen O. Guerrant Carolyn O. Smith Henry W. Graham Estate 1827 Windsor Avenue Roanoke, VA 24014 1816 Windsor Avenue Roanoke, VA 24014 1713 Arlington Road Roanoke, VA 24014 1721 Arlington Road Roanoke, VA 24014 1340118 1331623 1331624 1331624 1440706 1440707 Margaret W. Carter John and Muriel Landis Perry and Jessica Downing Roy and Patricia Thomas Wanda Lee Driscoll Clinton and Marjorie Bailey M~r~a Pace Franklin~ 1717 Arlington Road Roanoke, VA 24014 1909 Windsor Avenue Roanoke, VA 24014 1905 Windsor Avenue Roanoke, VA 24014 1901 Windsor Avenue Roanoke, VA 24014 1916 Windsor Avenue Roanoke, VA 24014 1709 Greenwood Road Roanoke, VA 24014 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of October, 1992. My Co~mission Expires: PETITION TO REZONE IN THE COUNCIL OF THE cIT~ OF ROANOKE, VIRGINIA REFERENCE: Subject to certain conditions, Rezoning fi'om RS-3, Single Family Residential, to RM-2, Residential Mull-Fa_rally, Medium Density, of two ~'acts of land lying in the Raleigh Court area in the City of Roanoke, Virginia with the legal descriptions as follows: Property 1: 1702/1704 Greenwood Road S.W., Roanoke, Virginia 24015 Lot 11, Block 23, Raleigh Court Corp. Tax Map No. 1340101 Size: Approximately 1/3 acre Owners: Benjamin S. Motley Kimbefly C. Motley 8110 Clovertree Court Richmond, Virginia 23235 Property 2: 1708/1710 Greenwood Road S.W., Roanoke, Virginia 24015 Lot 10, Block 23, Raleigh Court Corp. Tax Map No. 1340103 Size: Approximately 1/4 acre Owners: Benjamin S. Morley Kimberly C. Motley 8110 Clovertree Court Richmond, Virginia 23235 and Kenneth L. Motley 2514 Robin Hood Road S.E. Roanoke, Virginia 24014 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, BENJAMIN S. MO'U.,EY, KIMBERLY C. MOTLEY, and KENNETH L. MOTLEY, own land in the City of Roanoke containing in total one-half acre, more or less, located at 1702/1704 Greenwood Road S. W, Tax Map No. 1340101, and 1708/!710 Greenwood Road S.W., Tax Map No. 1340103. Said tracts are c ,urreatly zoned RS-3, Single Family Resident/al. A map ef the properties to be rezoned is a~ached as Exhibit "A". Ownership of the properties is divided as described above. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said properties be rezoned from RS-3, Single Family Resident/al District to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions set forth below, for the purpose of placing exis~'~g non-conforming duplexes into a conforming district designation. Refer to Exhibit "B" showing surveys of the properties. The Petitioners believe the rezoning of the said tracts of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will facilitate the orderly zoning pattern of the neighborhood. These properties are currently in use as duplex apartments in the same manner as their original design and continuous use for a pefied exceeding 50 years. The properties and thier use are compatible with and harmonious with adjacent residential properties. However, due to a recent tightening of restrictions by lending institutions regarding non-conforming real estate, the referenced properties have been rendered unmarketable for resale via conventional mortgage practices. The Petitioners believe the non-conforming status of the subject properties places undue restrictions and burden on them as property owners and taxpayers in the City of Roanoke. The Petitioners hereby proffer and agree that if the said tracts are rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The Petitioners will utilize the referenced properties in conformity with their original, continuous, and current use, more specifically, as residential duplexes with each tract containing no more than two dwelling units. Attached as Exhibit "C" are the names, addresses, and tax numbers of the owner or owners of all lots or property immediately adjacent or immediately across a street, road, or alley from the properties to be rezoned. WI-IEREFORE, the Petitioners requests that the above-described ~acts be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 14 day of October, 1992. Respectfully submitted, ~ 0 N r EXHIBIT B PROPERTY 1 seT LoT II ~zo~ ~ £oT I~ (~/~. /z ~o, .~. zoz~ N - 5~- EXHIBIT B- \ PROPERTY 2 // Name of Owner(s), Name of Owner(s) Barbara A. Delaney Reginald p. Church Charles G. Kepley Buelah Crumpler W. Harry and Mary Crumpler Helen O. Guerrant Carolyn O. Smith Margaret W. Carter Henry W. Graham John W. and Muriel T. Landis Perry R. and Jessica B. Downing Roy M. Thomas, Jr. and Patricia E. Thomas Wanda Lee Driscoll Clinton G. and Marjorie E. Bailey Exhibit "C" Addresses, and Tax Nos. of Adjacent Properties Roanoke, Virginia Address/Legal Description Lot 9, Block 23, Raleigh Court 1712 Greenwood Road, SW Lot 12, Block 23, Raleigh Court 1822 Windsor Avenue, SW Lot 1, Block 26, Raleigh Court 1827 Windsor Avenue, SW Lot 20, Block 23, Raleigh Court 1816 Windsor Avenue, SW Lot 21 and Part 20, Block 23, Raleigh Court 1713 Arlington Avenue, SW Lot 19, Block 23, Raleigh Court 1717 Arlington Road, SW Lot 18, Block 23, Raleigh Court 1721 Arlington Road, SW Lot 31, Block 16, Raleigh Court 1909 Windsor Avenue, SW Lot 32, Block 16, Raleigh Court 1905 Windsor Avenue, SW Lot 33, Block 16, Raleigh Court 1901 Windsor Avenue, SW Lot 24, Block 17, Raleigh Court 1916 Windsor Avenue, SW Lot 23, Block 17, Raleigh Court 1709 Greenwood Road, SW Tax No. 1340104 1340102 1340201 1340113 1340117 1340118 1340119 1331623 1331624 1331625 1440706 1440707 LOCATION // NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, November 4, 1992, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, $.W., in order to consider the following: Request from Benjamin $. Motley, Kimberly C. Motley and Kenneth L. Motley, that property located at 1702/1704 Greenwood Road, $.W., Official Tax No. 1340101 and property located at 1708/1710 Greenwood Road, S.W., Official Tax No. 1340103, be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multifamily, Medium Density District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, October 20, 1992 Please run in newspaper on Tuesday, October 27, Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Please bill: Kenneth L. Motley Motley Associates P. O. Box 2611 Roanoke, VA 24010 (703) 344-1212 1992 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 TRe~anoke, Virginia 24011 elcphone: (703) 981-2541 October 14, 1992 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. Charles A. Price, Jr., Chairperson 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 Benjamin S. Morley, Kimberly C. Motley and Kenneth L. Motley requesting that tracts of land located at 1702/1704 Greenwood Road, S. W., and 1708 / 1710 Greenwood Road, S. W., containing one-haif acre, more or less, identified as Officiai Tax Nos. 1340101 and 1340103, respectively, be rezoned from RS-3, Singie Family Residentiai District, to RM-2, Residential Multi- Family, Medium Density District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw r/motley Eric. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. John R. Marlles, Agent, City Planning Commission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. and Mrs. Benjamin S. Motley, 8110 Clovertree Court, Richmond, Virginia 23235 Mr. Kenneth L. Motley, 2514 Robin Hood Road, S. E., Roanoke, Virginia 24014 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2,~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #51 Mr. Keith L. Rastorfer, Agent Lumsden Associates, P. C. P. O. Box 20669 Roanoke, Virginia 24018 Dear Mr. Rastorfer: I am enclosing copy of Ordinance No. 31273-010493 rezoning a tract of land located on the southwesterly side of Mexico .Way, N. E., containing . 78 acre, more or less, identified as Official Tax No. 7110105, from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 31273-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm gnc. pc: Mr. Joel L. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Trustees of Grace and Truth Baptist Church, 3545 Orange Avenue, N. E., Roanoke, Virginia 24012 Industrial Gas and Supply Company, P. O. Box 960, Bluefield, West Virginia 24701 Mr. David H. Luther, et als, 518 Alabama Street, Bristol, Tennessee 37620 Mr. Roger Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Albert Turner, 3744 Carson Road, N. E., Roanoke, Virginia 24012 Mr. Keith L. Rastorfer, Agent January 7, 1993 Page 2 pc: Mr. and Mrs. Richard Akers, 3702 Carson Road, N. E. Roanoke, Virginia 24012 ' Mr. and Mrs. Joseph Whirr, 3698 Belie Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert Gunther, 3730 Carson Road, N. E. Roanoke, Virginia 24012 ' Mr. and Mrs. Dwight Gay, 3686 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Ernest Akers, 3638 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Bonnie S. Brizendine, 3692 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. Carson M. Hurley, 3662 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. Neilson E. Henry, Jr. and Mr. Charles W. Henry, 3650 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Rick M. Craig, II, 3626 Belle Avenue, N. E. Roanoke, Virginia 24012 ' Mr. and Mrs. Bobby Combs, 3602 Belle Avenue, N. E. Roanoke, Virginia 24012 ' Ms. Margaret R. McKinney, 3361 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Sheldon Fniler, 3355 Ridgerun Drive, N.E. Roanoke, Virginia 24012 , Mr. and Mrs. Gregory Nolen, 3349 Ridgerun Drive, N. E. Roanoke, Virginia 24012 ' Mr. and Mrs. Jerry Bower, 3337 Ridgerun Drive, N.E. Roanoke, Virginia 24012 ' Mr. and Mrs. Martin Cagie, 3343 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert Hardy, 3331 Ridgerun Drive, N. E. Roanoke, Virginia 24012 , Ms. Patricia B. Carter, 3325 Ridgerun Drive, N. E. Roanoke, Virginia 24012 ' Mr. Michael L. Bedwell, 3319 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Patrick Patsel, 3311 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Timothy Booher, 3305 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Moriah Church, 3521 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mark Lynch, 3538 Belle Avenue, N. E., Roanoke, Virginia 24012 FraLin and Waldron, p. O. Box 20069, Roanoke, Virginia 24018 F & W Properties, Inc., 2917 Penn Forest Boulevard, S. W., Roanoke, Virginia 24018 Mr. and Mrs. I. J. Bower, 3724 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Harold B. Hodges, 3754 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. Keith L. Rastorfer, Agent January 7, 1993 Page 3 pc: Mr. and Mrs. Joseph K. Bushnell, 3716 Autumn Drive, N. E., Roanoke, Virginia 24012 Ms. Nancy G. Creasy, et als, c/o Mr. T. L. Plunkett, 300 Shenandoah Building, S. W., Roanoke, Virginia 24011 Mr. W. Robert Herbert, City Manager Mr. William F. Clark, Director, Public Works Mr. John R. Marlles, Agent, City Planning Commission Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals Mr. Willard N. Claytor, Director of Real Estate Valuation Ms. Doris K. Layne, Real Esiate Appraiser Aide Mr. Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, The 4th day of January, 1993. No. $1273-010493. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, application has been made to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 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 14, 1992, after due and timely notice thereof as required by §36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A .78-acre tract of land located on the southwesterly side of Mexico Way, N.E., and designated on Sheet No. 711 of the Sectional 1976 Zone Map, City of Roanoke, as a portion 7110105, respectively, be, and are hereby Residential Single Family District, to C-2, District, subject to those conditions proffered by and set forth in the Second Amended Petition, filed in the Office of the City Clerk on October 30, changed in this 1992, and that respect. of Official Tax No. rezoned from RS-3, General Commercial Sheet No. 711 of the Zone Map be ATTEST: City Clerk. '92 NOV 23 ~10:50 Roanoke City Planning Commission December 14, 1992 The Honorable David A. Bowers, and Members of city Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Joel J. Ewen, to rezone a portion of a tract of land lying on the southwesterly side of Mexico Way, N.E., being a portion of official Tax No. 7110105, from RS-3, Residential Single Family District to C-2, General commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Background: Purpose of the rezoning is to permit the construction of a professional office building. Bo Petition to rezone was filed on October 14, 1992. An amended petition was filed on October 30, 1992. The amended petition is subject to the following conditions: That the property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, 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 site plan review. Use of the property will be limited to general and professional offices, including financial institutions, medical clinics or medical offices. 3 o If rezoned, a subdivision plat, acceptable for recording, shall be prepared to create the one (1) lot proposed for development as shown on the hereinbefore referenced Exhibit "B" and that the plat will be recorded prior to the application for any building permit for construction on said property. Room 355 Municipal Building 215 Church Avenue, S.W Roanc~e, Virginia 24011 (703) 981-2344 Members of Council Page 2 4. If construction on the herein described property has not begun within eighteen (18) months from the effective date of the ordinance rezoning the subject property, the zoning classification of the property shall return to that of RS-3; Residential Single Family District, without further action of City Council. D. Planninq Commission public hearinq was held on Wednesday, November 4, 1992. Mr. Keith Rastorfer appeared before the Commission and stated he desired to rezone .78 acre of land from RS-3 to C-2 to allow for the construction of a professional office building. He said that several conditions had been proffered, one of which would limit the use as an office. He said that the developer of the property had a tenant for the Duilding and would like to proceed in a timely manner. Mr. Tom Tasselli appeared before the Commission and presented the staff report. He stated that staff was recommending approval of the request and had found the request to be consistent with the existing land use as well as with the concept plan presented with the original 1985 rezoning of the front portion of the property. He said that a copy of the 1985 concept plan had been attached to the Commission's report. He said the plan was for information only and was not a proffered condition of any previous rezoning. Mr. Price asked if there was anything that prohibited the zoning line from moving up into the residential property. Mr. Tasselli responded that there was nothing to prohibit this and that Mr. Ewen could request a rezoning of any of his remaining 70 acres. Mr. Marlles noted that the interior of this parcel was recommended for residential development in the city's comprehensive plan and that the burden of proof would be on the applicant to demonstrate the need for rezoning the property. Considerable discussion took place between the Commission and Planning staff pertaining to the conceptual zoning map submitted during the previous rezoning of a portion of the subject property, the zoning and land use pattern of the area and the future zoning and development recommendations of the comprehensive plan for this area. Further discussion took place regarding the possibility of C-1 zoning for the subject property in light of the proffered uses, the question of "spot zoning" if C-1 was Members of Council Page 3 recommended for the subject property and the subdivision of the site from the 70 acre tract following the proposed zoning boundary line. No one from the audience appeared before the Commission in favor of or in opposition to the request. II. Issues: A. Zoninq is presently RS-3. Zoning to the north is C-2, conditional. The property adjoining to the north was rezoned in October 1989. Properties to the east and south are zoned RS-3. Properties to the west are zoned C-2. The properties adjoining to the west are the properties which were included in the original commercial rezoning in September 1985. B. Land use of the property is vacant. Property to the north is commercial. The petitioner's residence is to the east of the property subject to the requested rezoning. A church and scattered residences are located to the south. To the west the use is commercial/ institutional created by the existing bank use. Land use is consistent with the 1985 concept plan. C. Utilities are available. The current utilities are provided underground. It is the understanding of staff that covenants and/or deed restrictions will require that proposed utilities will also be subject to underground installation. Storm water management can be provided on site, but it may be in the owner's best interest to evaluate the construction of a common drainage facility in order to avoid multiple basins in any future development schemes and to better provide for orderly development of future parcels. This information may be requested as part of the subdivision review process. D. Transportation and access would be provided by Mexico Way, an existing access road. Mexico Way is signalized and has adequate capacity to handle proposed traffic generated by this type of office use. E. Concept plan will be subject to comprehensive site plan review along with subdivision review. Concept plan as submitted provides adequate buffering but shows no street tree planting. In addition, the parking area shows no proposed curbing or landscaping. These items can be addressed at the technical review level. The subdivision review will resolve the location of the temporary cul-de- sac and if any right-of-way encroachment will be created. Subdivision review will also include review of all Members of Council Page 4 utility capacity including storm water management and storm sewer system. Neighborhoods are fairly removed from the area requested for rezoning. Single family residences abut the rear portion of the remaining acreage but existing vegetation and site topography provide natural buffering. Additionally, buffering is proposed on the conceptual site plan. Comprehensive Plan recommends discouraging new strip commercial areas along major roads or highways, and encourages the consolidation of similar land uses in well planned development clusters. The comprehensive plan also recommends the use of landscaping and buffering to minimize visual conflicts between residential and commercial uses. III. Alternatives: City 1. Council approve the rezoning request. Zoning becomes conditional C-2 consistent with adjoining parcel and in keeping with the proposed 1985 conceptual development scheme. Land use as proposed is compatible with the existing development. Covenants and deed restrictions help further guarantee orderly development. 3. Utilities are available. Transportation and access can be accommodated. Current roadway has adequate capacity and is signalized. Conceptual site pian provides adequate information to verify the zoning ordinance and subdivision regulations can be complied with and development is feasible. 6. Neiqhborhoods are not affected. 7. Comprehensive Plan would be followed. B. City Council deny the rezoning. 1. Zoninq remains RS-3. 2. Land use restricted to residential Members Page 5 of Council 4. 5. 6. 7. Utilities are not affected. Transportation and access would not be an issue. Conceptual site plan would not apply Neighhborhoods would not affected. Comprehensive Plan could still be followed. IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Buford not present for vote) recommended approval of the requested rezoning, finding that the rezoning is consistent with the existing zoning pattern and land use in the immediate area and the recommendations set forth in the comprehensive plan. Respectfully submitted Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant city Attorney Director of Public Works city Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk December 3, 1992 File #51 Mr. Keith L. Rastorfer, Agent Lumsden Associates, P. C. P. O. Box 20669 Roanoke, Virginia 24018 Dear Mr. Rastorfer: 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 will be held on Monday, December 14, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of Joel L. Ewen that a tract of land located on the southwesterly side of Mexico Way, N. E., containing . 78 acre, more or less, identified as Official Tax No. 7110105, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and an ordinance providing for the rezoning, which notice and ordinance were prepared by the City Attorney's Office. Please review the documents and if you have questions, you may contact Mr. Steven J. Taievi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Commission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincerely, ~ ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw December Eno. Mr. Keith L. Rastorfer, Agent December 3, 1992 Page 2 Mr. Joel L. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 Trustees of Grace and Truth Baptist Church, 3545 Orange Avenue, N. E., Roanoke, Virginia 24012 Industrial Gas and Supply Company, P. O. ]]ox 960, Bluefield, West Virginia 24701 Mr. David H. Luther, et als, 518 Alabama Street, Bristol, Tennessee 37620 Mr. Roger Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016 Mr. and Mrs. Albert Turner, 3744 Carson Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Richard Akers, 3702 Carson Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Joseph Whitt, 3698 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Robert Gunther, 3730 Carson Road, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Dwight Gay, 3686 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Ernest Akers, 3638 Belle Avenue, N. E., Roanoke, Virginia 24012 Ms. Bonnie S. Brizendine, 3692 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. Carson M. Hurley, 3662 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. Neilson E. Henry, Jr. and Mr. Charles W. Henry, 3650 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Rick M. Craig, II, 3626 Belle Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Bobby Combs, 3602 Belle Avenue, N. E., Roanoke, Virgima 24012 Ms. Margaret R. McKinney, 3361 Ridgerun Drive, N. E., Roanoke Virginia 24012 Mr. and Mrs. Sheldon Fuller, 3355 Ridgerun Drive, N. E., Roanoke Virginia 24012 Mr. and Mrs. Gregory Nolen, 3349 Ridgerun Drive, N. E., Roanoke Virginia 24012 Mr. and Mrs. Jerry Bower, 3337 Ridgerun Drive, N. E., Roanoke Virginia 24012 Mr. and Mrs. Martin Cagie, 3343 Ridgerun Drive, N. E., Roanoke Virginia 24012 Mr. and Mrs. Robert Hardy, 3331 Ridgerun Drive, N. E., Roanoke Virginia 24012 Ms. Patricia B. Carter, 3325 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Mr. Michael L. Bedwell, 3319 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Patrick Patsel, 3311 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Timothy Booher, 3305 Ridgerun Drive, N. E., Roanoke, Virginia 24012 Moriah Church, 3521 Orange Avenue, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Mark Lynch, 3538 Belie Avenue, N. E., Roanoke, Virginia 24012 Fralin and Waldron, P. O. Box 20069, Roanoke, Virginia 24018 Mr. Keith L. Rastorfer, Agent December 3, 1992 Page 3 pc: F & W Properties, Inc., 2917 Penn Forest Boulevard, S. W., Roanoke, Virginia 24018 Mr. and Mrs. I. J. Bower, 3724 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Harold B. Hodges, 3754 Autumn Drive, N. E., Roanoke, Virginia 24012 Mr. and Mrs. Joseph K. Bushnell, 3716 Autumn Drive, N. E., Roanoke, Virginia 24012 Ms. Nancy G. Creasy, et als, c/o Mr. T. L. Plunkett, 300 Shenandoah Building, S. W., Roanoke, Virginia 24011 pUF~L ISItER' S ~-c!~ t, 115. JO F~UFORD T Ldt"SDEN C ASSOC ~c, 04 U¼AM:sLETUN AVE Sm P O ~,]X 200o9 ROANOKE: VA '92 I3£g14 p3:13 STSTc- UF VIR~,I~IP, CITY OF 4FFIDAViT (JF' PtJBL lC AT ION I, ITHL: uNOFkSI($NEDI p~'~ AUTHORIZED REPKESENTATIVE OF THE TI~ES-WO~LD COR- p(jP, gllON, vi!lC i CL]~'~PO;~qTICIU IS PUBLISItER OF THE ROANOKE TIMES C aoRLO-'iEWS~ DA~LY t;EWSPAPF;< PU~LISHEC IN ROANOKE, THE ST~T~ O~ V[w, GI;'ilA~ DO CERTIFY THAT JH~ ~NNEXFO N]TIC~ WAS pU~$LISHED IN SAID NEWSPAPERS DN Fit F~JLLO~iNG DATES 11/27/92 i,i!iRNING ~ITNESS~ 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 14, 1992, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RS-3, Residential Single Family District, to C-2, General Commercial District, the following property: A .78-acre tract of land, more or less, located on the southwesterly side of Mexico Way, N.E., being a portion of Official Tax No. 7110105, and being known as Tract A, Rancho Mexico Business Park, 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 25th day of November , 1992. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 27, 1992, and once on Friday, December 4, 1992, in the Roanoke Times and World-News. Send bill to: Mr. Keith L. Rastorfer, Agent Lumsden Associates, Inc. P. O. Box 20669 Roanoke, Virginia 24018 Send affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE REZONING REQUEST OF: VIRGINIA '92 OCT 2! 11:28 Request from Joel L. Ewen, to rezone a portion ) of a tract of land lying on the southwesterly ) side of Mexico Way, N.E., being a portion of )AFFIDAVIT official tax no. 7110105, from RS-3, Residential ) Single Family District to C-2, General Commercial ) District, conditional. ) COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) TO-WIT: The affiant, Martha Pace Franklin, first being duly sworn, states that she is Seretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of September, 1992, notices of a public hearing to be held on the 4th day of November, 1992, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Aqent or OccuDant Address 7110104 Trustees of Grace and Truth 3545 Orange Avenue Baptist Church Roanoke, VA 24012 7110126 David H. Luther, et als P.O. Box 960 c/o Industrial Gas & Supply Co. Bluefield, WV 7110102 7110107 7110110 Rogers Johns - Exec Albert and Nancy Turner Richard and Jewell Akers 518 Alabama Street Bristol, TN 37620 2206 Patterson Avenue Roanoke, VA 24016 3744 Carson Road, NE Roanoke, VA 24012 3702 Carson Road, NE Roanoke, VA 24012 7110111 7110108 7110109 7110113 7110117 7110112 7110114 7110116 7110118 7110119 7110120 7100318 7100319 7100320 7100322 7100321 7100323 7100324 7100325 7100326 Joseph and Fay Whitt Robert and Janet Gunther Commonwealth of VA Dwight and Rebecca Gay Ernest and Joyce Akers Bonnie S. Brizendine Carson M. Hurley Neilson E. Henry, Jr. Charles W. Henry Melvin R. Craig, II Bethany V. Craig Bobby and Martha Combs Margaret R. McKinney Sheldon and June Fuller Gregory and Kimberly Nolen Jerry and Joyce Bower Martin and Rhonda Cagle Robert and Judy Hardy Patricia B. Carter Michael L. Bedwell Patrick and Tammy Patsel 3698 Belle Avenue, NE Roanoke, VA 24012 3730 Carson Road, NE Roanoke, VA 24012 3686 Belle Avenue, NE Roanoke, VA 24012 3638 Belle Avenue, NE Roanoke, VA 24012 3692 Belle Avenue, NE Roanoke, VA 24012 3662 Belle Avenue, NE Roanoke, VA 24012 3650 Belle Avenue, NE Roanoke, VA 24012 3626 Belle Avenue, NE Roanoke, VA 24012 3602 Belle Avenue, NE Roanoke, VA 24012 3361 Ridgerun Drive Roanoke, VA 24012 3355 Ridgerun Drive Roanoke, VA 24012 3349 Ridgerun Drive Roanoke, VA 24012 3337 Ridgerun Drive Roanoke, VA 24012 3343 Ridgerun Drive Roanoke, VA 24012 3331 Ridgerun Drive Roanoke, VA 24012 3325 Ridgerun Drive Roanoke, VA 24012 3319 Ridgerun Drive Roanoke, VA 24012 3311 Ridgerun Drive 7100327 7100710 7100401 7100701 County County County County County Timothy and Christine Booher Moriah Church Mark and Lois Lynch Fralin and Waldron F & W Properties, Inc. I.J. & Ruth Bower Harold B. & Hazel G. Hodges Joseph K. and Virginia Bushnell Roanoke, VA 24012 3305 Ridgerun Drive Roanoke, VA 24012 3521 Orange Avenue Roanoke, VA 24012 3538 Belle Avenue Roanoke, VA 24012 P. O. Box 20069 Roanoke, VA 24018 2917 Penn Forest Blvd. Roanoke, VA 24018 3724 Autumn Drive Roanoke, VA 24012 3754 Autumn Drive, NE Roanoke, VA 24012 3716 Autumn Drive, NE Roanoke, VA 24012 Nancy G. Creasy et als 300 Shenandoah Bldg. c/o T. L. Plunkett Roanoke, VA 24011 Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of October, 1992. Notary~c~ ~ My Co~ission Expires: VIRGIN IN RE: I A: Rezoning of a portion of 7110105 located on the southwesterly side of Mexico Way, NE SECOND MENDED PETITION TO REZONE TO THE HONORABLE M3%YOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Joel L. Ewen, owns land in the City of Roanoke containing .78 acres of land, more or less, on the southwesterly side of Mexico Way, NE, being a portion of the property described as Official Tax Number 7110105 and being known as Tract A, Rancho Mexico Business Park. A map of the herein described property is attached hereto as Exhibit "A". The property which is the subject of this petition is currently zoned RS-3; Residential Single Family District. Pursuant to Sections 36.1-690, Code of the City of Roanoke (1~79) as amended, the Petitioners request that the herein described property be rezoned from RS-3; Residential Single Family District to C-2; General Commercial District, subject to certain conditions setforth below, for. the purpose of constructing a professional office building. The Petitioners believe the rezoning for the portion of the said tract will further the intent and purposes of the City's Zoning Ordinance and Comprehensive plan in that the property under review proposes a professional office building, which with proper buffering as proposed on the concept plan, shall serve as a transitional use between the intensive highway commercial uses, the adjacent church and vacant RS-3 property. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, 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 site plan review. 2. Use of the property professional offices, including clinics or medical offices. will be limited general and financial institutions, medical 3. If rezoned, s subdivision plat, acceptable for recording, shall be prepared to create the one (1) lot proposed for development as shown on the hereinbefore Exhibit "B" and that the plat will be recorded prior to the application for any building permit for construction on said property. 4. If construction on the herein described property has not begun within eighteen (18) months from the effective date of the ordinance rezoning the subject property, the zoning classification of the property shall return to that of RS-3; Residential Single Family District, without further action of City Council. Attached as Exhibit "C" are names, addresses and tax numbers of the owner or owners of lots or property immediately adjacent to or across a street or road from the said property to be rezoned. WHEREFORE, the Petitioner requests that in the above described tracts to be rezoned as requested in accordance with the provision of the zoning ordinance of the city of Roanoke. Respectfully submitted this 30th day of October, 1992. Owner Joel L. Ewen 3645 Orange Avenue Roanoke, VA 24012 /~_~th L. RaJtor'f~z/- Owner's Agent / of Lumsden Associates, P.C. P.O. Box 20669 Roanoke, VA 24018 (703) 774-4411 The following are the names, addresses and tax numbers of the owner, or owners, of all lots or property immediately adjacent to or immediately across a street or road from the property for which the rezoning is requested. Pronertv Owner 1. Trustees of Grace & Truth Baptist Church 3545 Orange Avenue Roanoke, VA 24012 2. Joel L. Ewen 3645 Orange Avenue Roanoke, VA 24012 3. David H. Luther, et als % Industrial Gas & Supply Company P.O. Box 960 Bluefield, WV 24701 Of ~ a Nu s 7110104 7110123 7110126 PROPOSED REZONING SITE- PROPERTY TO BE REZONED FROM RS-3; RESIDENTIAL SINGLE FAMILY DISTRICT TO C-2; GENERAL COMMERCIAL DISTRICT. IMMEDIATELY ADJACENT OR DIRECTLY OPPOSITE PROPERTY REFERS TO PROPERTY OWNER LISTING· EXHIBIT "D" LUMSDEN ASSOCIATES, P. C. OCTOBER 12, 1992 VIR$1NIA, CHARTERED 1882 LOCATION NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, November 4, 1992, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from Joel J. Ewen, Agent for the Owner, represented by Keith L. Rastorfer, that property located on the southwesterly side of Mexico Way, N.E., being a portion of Official Tax No. 7110105, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, October 20, 1992 Please run in newspaper on Tuesday, October 27, 1992 Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Please bill: Lumsden Associates, P. O. 20669 Roanoke, VA 24018 (703) 774-4411 Inc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., RooTM 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAK1N Deputy City Clerk Oetober 27, 1992 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a second amended petition from Keith L. Rastorfer, Agent, representing Joel L. Ewen, requesting that a tract of land located on the southwesterly side of Mexico Way, N. E., containing .78 acre, more or less, identified as Official Tax No. 7110105, Tract A, Rancho Mexico Business Park, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw r/ew,en EIlc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. Keith L. Rastorfer, Agent, Lumsden Associates, p. C. P. O. Box 20669, Roanoke, Virginia 24018 ' Mr. Joel L. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 VIRGINIA: IN THE COUNCIL OF THE CITY'9~F ~OK~0:32 IN RE: Rezoning of a portion of 7110105 located on the southwesterly side of Mexico Way, NE TO THE HONORABLE MAYOR AND MEMBERS ROANOKE: SECOND AMENDED PETITION TO REZONE OF THE COUNCIL OF THE CITY OF described property be rezoned from RS-3; Residential Single Family District to C-2; General Commercial District, subject to certain conditions setforth below, for the purpose of constructing a professional office building. The Petitioners believe the rezoning for the portion of the said tract will further the intent and purposes of the City's Zoning Ordinance and Comprehensive plan in that the property under review proposes a professional office building, which with proper buffering as proposed on the concept plan, shall serve as a transitional use between the intensive highway commercial uses, District. Pursuant to Sections 36.1-690, Code of the City of Roanoke (1979) as amended, the Petitioners request that the herein The Petitioner, Joel L. Ewen, owns land in the City of Roanoke containing .78 acres of land, more or less, on the southwesterly side of Mexico Way, NE, being a portion of the property described as Official Tax Number 7110105 and being known as Tract A, Rancho Mexico Business Park. A map of the herein described property is attached hereto as Exhibit "A". The property which is the subject of this petition is currently zoned RS-3; Residential Single Family the adjacent church and vacant RS-3 property. The Petitioner hereby proffers and tract is rezoned as to, and that the conditions: agrees that if the said requested, that the rezoning will be subject Petitioner will abide by, the following 1. That the property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, 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 site plan review. 2. Use of the property will be limited general and professional offices, including financial institutions, medical clinics or medical offices. shall be development as shown on the hereinbefore Exhibit "B" plat will be recorded prior to the application for permit for construction on said property. 4. If construction on the herein described property has not begun within eighteen (18) months from the effective date of the ordinance rezoning the subject property, the zoning classification of the property shall return to that of RS-3; Residential Single Family District, without further action of City Council. Attached as Exhibit "C" are names, addresses and tax numbers of the owner or owners of lots or property immediately adjacent to or across a street or road from the said property to be rezoned. If rezoned, s subdivision plat, acceptable for recording, prepared to create the one (1) lot proposed for and that the any building WHEREFORE, the Petitioner requests that in the above described tracts to be rezoned as requested in accordance with the provision of the zoning ordinance of the City of Roanoke. Respectfully submitted this 30th day of October, 1992. Res~~~~ ~_~th L. Rasto~f~r' Owner's Agent/ Owner of Joel L. Ewen Lumsden Associates, P.C. 3645 Orange Avenue P.O. Box 20669 Roanoke, VA 24012 Roanoke, VA 24018 (703) 774-4411 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 October 27, 1992 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Keith L. Rastorfer, Agent, representing Joel L. Ewen, requesting that a tract of land located on the southwesterly side of Mexico Way, N. E., containing .78 acre, more or less, identified as Official Tax No. 7110105, Tract A, Rancho Mexico Business Park, be rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. /'-'"'~'~f~'Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP: sw r [ ewen Eric. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. Keith L. Rastorfer, Agent, Lumsden Associates, P. C., P. O. Box 20669, Roanoke, Virginia 24018 Mr. Joel L. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 VIRGINIA: IN TH:E COUNC'rL OF TH . CITY OF P4:1 8 IN RE: Rezoning of a portion of 7110105 located on the southwesterly side of Mexico Way, NE FIRST AMENDED PETITION TO REgONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: Pursuant to the provisions of Section 36-554, Code of the City of Roanoke (1979), as amended, the petitioner, Joel L. Ewen respectfully files the following First Amended Proffer of conditions pursuant to its Petition to Rezone the above described real estate located in the City of Roanoke, Virginia 1. That the property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, 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 site plan review and or changes required to ensure safety and a good engineering practice. 2. Any use of the property will be limited to those uses permitted in the C-l; Office District. 3. If rezoned, a subdivision plat, acceptable for recording, shall be prepared to create the one (1) lot proposed for development as shown on the hereinbefore referenced Exhibit "B" and that the plat will be recorded prior to the application for any building permit for construction on said property. 4. If construction on the herein described property has not begun within eighteen (18) months from the effective date of the ordinance rezoning the subject property, the zoning classification of the property shall return to that of RS-3; Residential Single Family District, without further action of City Council. Respectfully submitted this 26th day o~October, 1992. ~ L. /Rastbr~er · /~ Owner' s Agent / Owner Joel L. Ewen 3645 Orange Avenue Roanoke, Virginia 24012 of Lumsden Associates, P. P. O. Box 20669 Roanoke, Va. 24018 (703) 774-4411 Ce MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 October 14, 1992 SANDRA H. EAKIN Deputy City Clerk File #51 Mr. Charles A. Price, Jr., Chairperson 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 encloaing copy of a petition from Keith L. Rastorfer, Agent, representing Joel L. Ewen, requesting that a tract of land located on the southwesterly side of Mexico Way, N. E., containing .78 acre, more or less, identified as Official Tax No. 7110105, Tract A, Rancho Mexico Business Park, be rezoned from RS-3, Reaidentiai Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~ --~O,~ Mary F. Parker, CMC/AAE City Clerk MFP: sw r/ewen Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. John R. Marlles, Agent, City Planning Commission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. Keith L. Rastorfer, Agent, Lumsden Associates, p. C., P. O. Box 20669, Roanoke, Virginia 24018 Mr Joel L. Ewen, 3645 Orange Avenue, N. E., Roanoke, Virginia 24012 VIRGINIA: IN RE: IN THE COUNCIL OF THE CITY O~'~OANOK~ Rezoning of a portion of 7110105 located on the southwesterly side of Mexico Way, NE PETITION TO REZONE TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, Joel L. Ewen, owns land in the City of Roanoke containing .78 acres of land, more or less, on the southwesterly side of Mexico Way, NE, being a portion of the property described as Official Tax Number 7110105 and being known as Tract A, Rancho Mexico Business Park. A map of the herein described property is attached hereto as Exhibit "A". The property which is the subject of this petition is currently Zoned RS-3; Residential Single Family District. Pursuant to Sections 36.1-690, Code of the City of Roanoke (1~79) as amended, the Petitioners request that the herein described property be rezoned from RS-3; Residential Single Family District to C-2; General Commercial District, subject to certain conditions setforth below, for the purpose of constructing a professional office building. The Petitioners believe the rezoning for the portion of the said tract will further the intent and purposes of the City's Zoning Ordinance and Comprehensive plan in that the property under review proposes a professional office building, which with proper buffering as proposed on the concept plan, shall serve as a transitional use between the intensive highway commercial uses, the adjacent church and vacant RS-3 property. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the site plan prepared by Lumsden Associates, 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 site plan review and or changes required to ensure safety and a good engineering practice. 2. Any use of the property will be limited to those uses permitted in the C-l; Office District. 3. If construction on the herein described property has not begun within eighteen (18) months from the effective date of the ordinance rezoning the subject property, the zoning classification of the property shall return to that of RS-3; Residential Single Family District, without further action of City Council. Attached as Exhibit "C" are names, addresses and tax numbers of the owner or owners of lots or property immediately adjacent to or across a street or road from the said property to be rezoned. WHEREFORE, the Petitioner requests that in the above described tracts to be rezoned as requested in accordance with the provision of the zoning ordinance of the City of Roanoke. Respectfully submitted this 14th day of October, 1992. Owner Joel L. Ewen 3645 Orange Avenue Roanoke, VA 24012 Respect f~%bm~te~ Lumsden Associates, P.C. P.O. Box 20669 Roanoke, VA 24018 (703) 774-4411 '~ ~ 2,,~ ~ " / ~ ~ ~'~ ] ', : .,. ~l: ~ PROPOSED REZONING SITE ] I'1 I~l I ; I I i i[ iiI ~l / / IIlllllll PROPERWY TO BE REgO~ED ~RO~ RS-31 RESIDE~TI~B SInGlE ~ FAMILY DISTRICT TO C-2; GENE~L CO~ERCIAL DISTRICT. EXHIBIT LUMSDEN ASSOCIATES~ P. C. OC~OB~ ~2, ~992 COMM. AGREEMENT THIS AGREEMENT is made and entered into this 26th day of October, 1992, by and between the CITY OF ROANOKE, a municipal corporation organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as "City", and JOEL M. SCHLANGER, DIRECTOR OF FINANCE, hereinafter referred to as the "Director". in FOR AND IN CONSIDERATION of the City's retaining the Director its employ and not instituting proceedings to terminate the Director, the parties here{o do hereby covenant and agree as follows: 1. The Council of the City finds certain of the conduct and activities of the Director to constitute a breach of trust and hereby issues a public 'reprimand to the Director. The Director agrees to issue an appropriate written apology which shall be approved by City Council, and the Director shall read such written apology at a public meeting of City Council. 2. The Director shall be suspended without pay from office and employment with the City for thirty (30) calendar days commencing October 27, 1992. There shall be no lapse of health insurance, life insurance and disability insurance coverages of the Director during the period of this suspension. During this period of suspension, the Director shall obtain appropriate medical care, it being the intent of the parties that the Director shall return to full duties at the conclusion of the 30-day suspension period. Should the Director be unable to return to full duty at the conclusion of the 30-day suspension period, the Director shall present a certificate of a medical doctor documenting such fact, and the Director shall, if requested by City Council, submit himself to examination by an independent medical doctor approved by City Council. 3. The September 30, Director shall always be 4. Director shall be on probationary status until 1994, and during such probationary period, the serve at the pleasure of City Council and shall subject to dismissal by City Council without cause. It is the intention of the City that the Director devote his full time to his servige as Director of Finance. The City, however, recognizes that the Director has certain construction in progress and that the Director will require a reasonable period of time to phase out his outside business activities. The Director agrees to phase Out all outside business activities .as quickly as possible and to make a full public disclosure of all his outside business activities on December 1, 1992, and on the first day of each month thereafter until all such outside business activities have been concluded. The required disclosure reports shall be made to the Personnel Committee of City Council. 5. The Director understands that the City reserves the right to have a complete financial and/or operational audit of the Department of Finance conducted and that the City also reserves the right to have an investigation of any of the Director's activities and conduct conducted by a law enforcement agency of the City's choice. The Director agrees to cooperate fully in any such audit - 2 - and investigation, which shall be conducted according to a timetable prescribed by the City. 6. During the 30-day suspension period of the Director, the Director shall remain off City premises, and during such period, City Council shall appoint an Acting Director of Finance to have responsibility for the operation of the Department of Finance. 7. The parties hereto agree that this document contains and represents the entire and complete agreement between the parties and that any and all prior negotiations and discussions are merged herein. 8. The Director declares that he has completely read and fully understands and voluntarily accepts the terms and conditions of this agreement. CITY OF ROANOKE qgavld--A.~owers, Mayor ATTEST JOE t . SCHLANGER,DIRECTOR OF MAi2Y F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25~q SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31274-010493 altering and closing by barricade a portion of Maitland Avenue, N. W., at its intersection with Wflliamson Road and Woodbury Street, N. W. Ordinance No. 31274-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, aiso adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Sovran Bank, 302 S. Jefferson Street, Roanoke, Virginia 24011 The Honorable Jerome S. Howard, Jr., Commissioner of Revenue Mr. Wilburn C. DibHng, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer Mr. John R. Mariles, Agent, City Planning Commission Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals Mr. Wiliard N. Claytor, Director of Real Estate Valuation Ms. Doris K. Layne, Real Estate Appraiser Aide 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 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching a copy of Ordinance No. 31274-010493, for proper recordation in your office, which provides for altering and closing by barricade a portion of Maitland Avenue, N. W., at its intersection with Williamson Road and Woodbury Street, N. W. Ordinance No. 31274-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, J~nuary 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE~ City Clerk MFP:sm Enc. pc: Mr. W. Robert Herbert, City Manager IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1993. No. 31274-010493. AN ORDINANCE authorizing the alteration and closing by barricade of a certain public right-of-way An the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to alter and close by barricade the hereinafter; and WHEREAS, the City Planning proper notice to all concerned as City of Roanoke (1979), public hearing on the Council; and public right-of-way described Commission, which after giving required by S30-14, Code of the as amended, and after having conducted a matter, has made its recommendation to WHEREAS, public hearing was held on said application by the City Council on December 14, 1992, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no substantial inconvenience will result to any individual or to the public from altering and closing by barricade said public right-of-way, and that such alteration will promote the safety and welfare of those using the subject public right-of-way and the right-of-way in the vicinity of the right-of-way to be closed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A certain right-of-way of Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W., be, and hereby is, altered and closed by way of barricade as described above and in said Petition. BE IT FURTHER ORDAINED that lighting, reflectorization, and warning signs, if appropriate, be installed and maintained on both sides of said barricade. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "altered and closed by barricade" on said 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 of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this Ordinance shall be spread. BE IT FURTHER ORDAINED that the City Clerk deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, an attested copy of this ordinance in order that said Clerk may make proper notations, if any, of the alteration as described above on all maps and plats recorded in that office on which Maitland Avenue, N.W., appears. ATTEST: City Clerk. NOV 25 11:50 Roanoke City Planning Commission December 14, 1992 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members Council: Subject: I. Backro_g_~: Request from the City of Roanoke that a temporary closure of Maitland Avenue, N.W., between Williamson Road and Woodbury Street, be permanently closed by barricade. ae Ordinance No. 30647-82691 authorized the temporary closure by barricade of Maitland Avenue, N.W., between Williamson Road and Woodbury Street. The barricade were installed on September 11, 1991. The six-month trial period has expired. Be Reasons for the temporary closure were detailed in a Council report dated August 12, 1991. Ce Part IV. Recommendations: Item C., stated: "If the barricades are proved to be effective in eliminating the sight clearance problem of motorists on Woodbury and no negative affects on traffic or the immediate community are recognized, a new application will be filed prior to the expiration of the six month trial period requesting that the closure be made effective on a permanent basis. Pavement can then be removed and the intersection at Maitland Avenue and Williamson Road eliminated.,, Traffic engineering has Avenue as was indicated with the recommendation. completed a study of Maitland in Item C., Part IV., dealing II. gurrent Situation: A. Application for closure was received on September 23 1992. ' Be Staff concluded that the traffic volume on Maitland Avenue was reduced by two-thirds. The difficulty of the Room 355 Municipal Building 2t 5 Church Avenue, S.W. P,4~anoke, Virginia 24011 (703) 981-2344 right turn from Williamson Road onto Woodbury Street appears to be the cause. III. Ce The primary reason for the closure was related to the accident situation at the Williamson Road/Maitland Avenue intersection. Accident records indicate there were no accidents reported at this intersection between the installation of the barricade on September 11, 1991, and the end of 1991. Additionally, no accidents were caused by southbound Williamson Road traffic turning onto Woodbury (instead of Maitland), nor by traffic turning from Woodbur (instead of Maitland) onto Williamson Road. Success of the barricade ia therefore indicated. Planning Commission reviewed the subject application at its regular meeting November 4, 1992. Issues: A. Public safety. Fire, police, emergency, and public services. Convenience to traffic. D. Costs. Ail above issues were addressed in the initial Council report, dated August 12, 1991 (attached). IV. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Sowers absent for the vote), recommends that based on further study of the barricaded Maitland Avenue by staff, that the closure of the subject street be made permanent. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-25~.1 SANDRA H. EAKIN Deputy City Clerk December 3, 1992 File #514 Mr. W. Robert Herbert City Manager Roanoke Virginia D ~- ear--eft: 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 will be held on Monday, December 14, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, on the application of the City of Roanoke to alter and close by barricade a portion of Maitland Avenue, N. W., at its intersection with Williamson Road and Woodbury Street. For your information, I am enclosing copy of a notice of the public hearing and an ordinance providing for the alteration and closure, which notice and ordinance were prepared by the City Attorney's Office. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw December Eric. pc: Sovran Bank, 302 S. Jefferson Street, Roanoke, Virginia 24011 ~ NU,~i ~ER 112495267 PU~LISIt~R~S F~h - ~oZ,,O0 C/O ~IqRY t- PAkKER CITY CLEk~,S uFFICE ROOM r+5~ ~IJNICIP4L t~LDG t< O,q,Ui} K E Vq 2q-O l 1 '92 DEC14 P3:13 STALE OF CITY JIF qFFIF)AVIT OF PU~L ICAT I£]q I, (TKiE IJNF)ERSIGNEO) AN AUTH~)RIZED REPRESENTATIVE [)F Ti4E TI~4~S-WURLD COR- POKATI{]N~ ~hiCm CORPORATtdlW IS PUBLISHER OF Tttt] POqqOKE TIMES & WORLD-NEWS, ~ DAILY N~wSP&P~i~ PU~$LISH~D IN RUAi~OKE, IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNSX,-G KOTIC~ i~S PUSLISH~D IN SAID N~NSPAPERS L}N T~E FOLL()WIHG )ATES 11/27/~2 'q{]RNING 12/O4/v2 MORNIqG TO WHOM IT MAy CONCERN: NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, December 14, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to alter by closure with barricades, the following public right-of-way: That portion of Maitland Avenue, N.W., between Williamson Road and Woodbury Street, 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 25th day of November , 1992. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 27, 1992, and once on Friday, December 4, 1992, in the Roanoke Times and World-News. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 TO CITY CLE OF CITY OF 92 PERTAINING TO THE STREET CLOSURE REQUEST OF: Request from the City of Roanoke to alter and close by barricade, a portion of Maitland Avenue, at its intersection with Williamson Road and Woodbury Street, N.W. COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) The affiant, states that she ) ) ) ) TO-WIT: Martha Pace Franklin, first being duly sworn, is Seretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of September, 1992, notices of a public hearing to be held on the 4th day of November, 1992, on the street closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2190301 Owner, Aqent or Occupant Sovran Bank Address 302 S. Jefferson St. Roanoke, VA 24011 Franklin - - SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of October, 1992. Nota Pu~___~ ' ~ ¢' My Commission Expires: ~ SE¢ /¢¢;~ MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 SANDILA H. EAK1N Deputy City Clerk September 23, 1992 File #514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from the City of Roanoke, represented by Mr. W. Robert Herbert, requesting that Maitland Avenue at its intersection with Williamson Road and Woodbury Street, N. W., be altered and closed by barricades. /'-'X. a.~ ~.Sincerely, ~/~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eno. pc: The Honorable Mayor and Members of the Roanoke City Council ~ W. Robert Herbert, City Manager i John R. Marlles, Agent, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Talevi, Assistant City Attorney IN THE IN RE: COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of the City of Roanoke ) APPLICATION FOR to alter by closure with barricades ) ALTERING AND Maitland Avenue, N.W., between ) CLOSING A PUBLIC Williamson Road and Woodbury Street, ) STREET pursuant to S30-14 of the Code of the ) City of Roanoke (1979), as amended. ) To the Honorable Mayor and Members of City Council: The City of Roanoke applies herewith, as authorized and provided for Motion adopted by Council on August 26, 1991, and by Ordinance No. 30647-72291, adopted by Council on August 26, 1991, to alter by closure with barricades, Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W., pursuant to Section 30- 14, of the Code of the City of Roanoke (1979), as amended. The City of Roanoke, Virginia, states that the grounds for this application are as follows: Traffic safety is a concern at this location due to limited visibility which motorists on Woodbury Avenue have of vehicles turning from southbound Williamson Road to westbound Maitland Avenue. The limited visibility is caused by topography. Residents support the closure of the above-described portion of Maitland Avenue. The above-described segment of Maitland Avenue shall be closed, by permanent removal of pavement, installation of curb, guttering and fill, and other appropriate measures. The affected area is described in the attached map. (Exhibit A.) City Council has previously reviewed this matter and adopted a motion on February 25, 1991, to authorize the City Manager to file all necessary applications to alter by closure with barricades, on a temporary basis, Maitland Avenue, N.W., between Wllliamson Road and Woodbury Street, N.W., for a trial period of six (6) months. The motion adopted February 25, 1991, provided that a study be made during the trial period of closure, to determine the overall impact of the closure on the community and further provided that if said closure thereafter is deemed to be in the best interest of public health and safety, that proper application be made to City Council to alter and close said portion of Maitland Avenue, N.W., on a permanent basis. Pursuant to the Application filed in accordance with City Council's authorization, City Council approved the temporary closure of the subject portion of Maitland Avenue by Ordinance No. 30647-72291, adopted August 26, 1991, in accordance with the City Planning Commission's report dated August 12, 1991. In consideration of the validity of the concerns expressed by the residents of the community, and in further consideration of the afore-mentioned determination that it is in the best interest of the public health and safety, the petitioner therefore now requests that the subject street be permanently altered by closure as described. A list of the adjoining land owners affected by the subject closure is attached. (Exhibit B.) WHEREFORE, the City of Roanoke, Virginia, respectfully requests that the above-described portion of Maitland Avenue, N.W., be altered by closure with barricades, on a permanent basis, between Williamson Road and Woodbury Street, N.W., as described herein. Date ) Respec~bmitted, . ~.~o~ert Herbert City Manager Cl'l' ROA 800~G~% LOOIGi~ ~O0~G~Y Street Closing Maitland Avenue, N.W. Adjoining property owner: Official Tax No. 2190301 Sovran Bank 302 S. Jefferson Street Roanoke, Virginia 24011 Exhibit B The Honorable Noel C, Taylor, and Members of City Council Roanoke, Virginia Mayor August 12, 1991 Dear Members of Council: Subject: I. Background: Application of the City of Roanoke to alter by closure with barricades, on a temporary basis, Maitland Avenue, NW between Williamson Road and Woodbury Street. Maitland Avenue is located in the northwest quadrant of the City in the Williamson Road community, Maitland Avenue extends in a northeasterly direction from its intersection with Airport Road approximately 760 feet, it then terminates at its intersection with Williams Road. Traffic enqineering has received a petition signed by 48 residents and 2 businesses located near the subject intersection. Traffic safety is cited as a major concern. II. Portion of Maitland Avenu,.. requested for closure is located between Woodbury Avenue and its eastern terminus with Williamson Road. Subject portion is approximately 65 feet in length. D. ~ owns the abutting property north of the subject closure the small "wedge,, south of the proposed closure is owned by the City of Roanoke and is part of the Williamson Road right-of-way. Current Situation: The application was received May 24, 1991. A public hearing before the Planning Commission was held on July 3, 1991. ~ of Woodbury Avenue and Hearthstone Road as well as two businesses, Sovran Bank and Monticello ROo~ 355 Munmopol OUl]Ol~ 215 Churc~ Argue S ~' ~x~n~e v~,rcj,n,o 2401 ~ 703) 981-2,.944 Members of Council Page 2 Manor have complained to the City of the limited visibility that Woodbury Street motorists have on vehicles turning from southbound Williamson Road to westbound Maitland Avenue. The sight clearance problem is caused by the topography. City Traffic Engineer reports that traffic volume on Maitland Avenue is approximately 2,400 vehicles per day and primarily consists of through traffic between Williamson Road and Airport Road. Traffic volume on Woodbury street consists of trips generated from its 29 homes and from the exit of Sovran Bank. City Traffic Engineer requests that the closure by barricade of Maitland Avenue between Woodbury and Williamson Road be implemented on a six month trial basis. Traffic volume is not expected to decrease, but the intersection should be made safer. If successful, the City would make application after the six month period to permanently close this segment of Maitland by removal of pavement. ~ of the proposed closure would result in southbound traffic on Williamson Road having to travel less than 100 feet to turn onto Woodbury Street. III. Issues: Public safety. Fire, police, emergency and public servicers. Inconvenience to traffic. D. Costs. IV. Alternatives: City Council recommendation of approval of request for closure with barricading of Maitland Avenue between Woodbury and Williamson Road for a trial period of six months with said date to commence from the date of installation of the proposed barricade. 1. Public Safety: ae Barricade placed on Maitland at Woodbury would force traffic on Maitland to either turn left or right on Woodbury. Barricade placed on Maitland at Williamson Road would force southbound traffic on Members of Council Page 3 City 1. Williamson Road to travel less than 100 feet to turn onto Woodbury Street. c. Sight clearance problem Woodbury motorists have of vehicles turning from southbound Williamson Road to westbound Maitland Avenue would be eliminated. Fire, police, emergency and public service. : a. Fire department officials state that the proposed closure would not effect fire department operations. No comments were received from police, emergency or public services. Inconvenience to traffic: Closure by barricade of the subject area will not create a dead-end street. It will result in a change in the traffic pattern which will necessitate proper signage of the subject area. This will be coordinated through the traffic engineer's office. Implementation of the proposed closure would result in southbound traffic on Williamson Road which formerly turned onto Maitland Avenue now having to travel less than 100 feet to turn onto Woodbury Street. Inconvenience to area traffic should be minimal. Costs of installation would be borne by the Street Maintenance department as part of their regular operating budget. The department would install needed barricades and with the coordination of the Traffic Engineer, the necessary traffic signs. Council denial of the request. Public Safety issue would not be addressed. Concerns of 48 residents and 2 businesses in the subject area would not be met. Fire, police, emergency and public services access would not be an issue. Inconvenience to traffic would not be an issue. Costs would not be an issue. Members of Council Page 4 IV. Recommendation: By a vote of 6-0 (Mr. Price, absent) the Planning Commission recommends approval of alternative A thereby authorizing the City Manager to alter by closure with barricade of Maitland Avenue between Williamson Road and Woodbury Street, closure to remain in effect for a trial period of six months commencing at the date of installation of the proposed barricades. The above recommendation is based on the following conclusions: Public safety issues raised by local residents and documented by City staff warrant deliberate and serious consideration. Closure on a temporary basis will provide an opportunity to determine positive and/or negative effects of the closure. If the barricades are proved to be effective in eliminating the sight clearance problem of motorists on Woodbury and no negative affects on traffic or the immediate, community are recognized, a new application will be filed prior to the expiration of the six month trial period requesting that the closure be made effective on a permanent basis. Pavement can then be removed and the intersection at Maitland Avenue and Williamson Road eliminated. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:HPD:avs attachments cc: City Manager Assistant City Attorney Director of Public Works City Engineer Building Commissioner NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, November 4, 1992, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following: Request from the City of Roanoke that Maitland Avenue, N.W., between Woodbury Street and Williamson Road, be altered, by closure, with barricades. A copy of said application is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, October 20, 1992 Please run in newspaper on Tuesday, October 27, 1992 Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Please bill: Mr. Robert K. Bengtson Engineering Department Room 350, Municipal Building Roanoke, VA 24010 (703) 981-2686 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 TRe~anoke, Virginia 24011 elephone: (703) 981-2541 September 23, 1992 SANDRA H. EAKIN Deputy City Clerk File #514 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from the City of Roanoke, represented by Mr. W. Robert Herbert, requesting that Maitland Avenue at its intersection with Williamson Road and Woodbury Street, N. W., be altered and closed by barricades. Sincerely, ~~ Mary F. Parker, CMC/AAE City Clerk MFP: sw Eric. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. W. Robert Herbert, City Manager Mr. John R. Marlles, Agent, City Planning Commission Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Edward R. Tucker, City Planner Mr. Steven J. Taievi, Assistant City Attorney IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, Application of the City of Roanoke to alter by closure with barricades Maitland Avenue, N.W., between Williamson Road and Woodbury Street, pursuant to S30-14 of the Code of the City of Roanoke (1979), as amended. VIRGINIA APPLICATION FOR ALTERING AND CLOSING A PUBLIC STREET To the Honorable Mayor and Members of City Council: The City of Roanoke applies herewith, as authorized and provided for Motion adopted by Council on August 26, 1991, and by Ordinance No. 30647-72291, adopted by Council on August 26, 1991, to alter by closure with barricades, Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W., pursuant to Section 30- 14, of the Code of the City of The City of Roanoke, Virginia, this application are as follows: 1. Traffic safety is a concern at this location due to limited visibility which motorists on Woodbury Avenue have of vehicles turning from southbound Williamson Road to westbound Maitland Avenue. The limited visibility is caused by topography. o o Roanoke (1979), as amended. states that the grounds for o Residents support the closure of the above-described portion of Maitland Avenue. The above-described segment of Maitland Avenue shall be closed, by permanent removal of pavement, installation of curb, guttering and fill, and other appropriate measures. The affected area is described in the attached map. (Exhibit A.) City Council has previously reviewed this matter and adopted a motion on February 25, 1991, to authorize the City Manager to file all necessary applications to alter by closure with barricades, on a temporary basis, Maitland Avenue, N.W., between Williamson Road and Woodbury Street, N.W., for a trial period of six (6) months. The motion adopted February 25, 1991, provided that a study be made during the trial period of closure, to determine the overall impact of the closure on the community and further provided that if said closure thereafter is deemed to be in the best interest of public health and safety, that proper application be made to City Council to alter and close said portion of Maitland Avenue, N.W., on a permanent basis. o Pursuant to the Application filed in accordance with City Council's authorization, City Council approved the temporary closure of the subject portion of Maitland Avenue by Ordinance No. 30647-72291, adopted August 26, 1991, in accordance with the City Planning Commission's report dated August 12, 1991. In consideration of the validity of the concerns expressed by the residents of the community, and in further consideration of the afore-mentioned determination that it is in the best interest of the public health and safety, the petitioner therefore now requests that the subject street be permanently altered by closure as described. A list of the adjoining land owners affected by the subject closure is attached. (Exhibit B.) WHEREFORE, the City of Roanoke, Virginia, respectfully requests that the above-described portion of Maitland Avenue, N.W., be altered by closure with barricades, on a permanent basis, between Williamson Road and Woodbury Street, N.W., as described herein. I (Da~e) Respec~bmitted W .~Ro~ert Herbert City Manager pro dastofo ----'~sis~ar~t City Attorney Exhibit A ClT ROA LOCATION / LOOIGJ~ ~O01Gt'Z 1700tG~'~ Street Closing Maitland Avenue, N.W. Adjoining property owner: Official Tax No. 2190301 Sovran Bank 302 $. Jefferson Street Roanoke, Virginia 24011 Exhibit B 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 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #51-5-107-249 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31275-010493 amending and revising Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, such amendments and additions to define new terms, tow truck operation and inoperative vehicle; permit day care centers accessory to churches, synagogues and other places of worship as special exception uses in certain districts and as permitted uses in certain districts; permit day care homes and day care centers accessory to multifamily dwellings of fifty dwelling units or more in certain districts; permit medical laboratories as special exception uses in the C-2 District; permit a tow truck operation as a special exception use in LM and HM Districts; permit the retail sale of goods stored on the premises in LM and HM Districts; amend sign regulations in CN and C- 1 Districts; amend general requirements for all day care centers; regulate the storage of inoperative vehicles; amend membership requirements for the Architectural Review Board; require either a basic development plan or a comprehensive development plan with an application for a ~oning permit; and repeal Section 21-40.1, Open storage of inoperative vehicles in residential or commercial or agricultural districts. Ordinance No. 31275-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. Mr. W. Robert Herbert January 7, 1993 Page 2 pc: The Honorable G. O. Clemens, Chief Judge, Circuit Court, P. O. Box 1016, Salem, Virginia 24153 The Honorable Kenneth E. Trabue, Judge, Circuit Court, 305 East Main Street, Salem, Virginia 24153 The Honorable Roy B. Wiliett, Judge, Circuit Court The Honorable Clifford R. Weckstein, Judge, Circuit Court The Honorable Diane M. Strickland, Judge, Circuit Court The Honorable Joseph M. Clarke, II, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Fred L. Hoback, Jr., Judge, Juvenile and Domestic Relations District Court ~ The Honorable Edward S. Kidd, Jr., Chief Judge, General District Court The Honorable Julian H. Raney, Jr., Judge, General District Court The Honorable Richard C. Pattisal, Judge, General District Court The Honorable Donald S. Caidwell, Commonweaith's Attorney The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations District Court Mr. Ronald Albright, Clerk, Generai District Court Mr. Bobby D. Casey, Office of the Magistrate Ms. Clayne M. Calhoun, Law Librarian Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. George C. Snead, Jr., Director, Public Safety Mr. M. David Hooper, Police Chief Mr. William F. Clark, Director, Public Works Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator Mr. Charles M. Huffine, City Engineer Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. L. Elwood Norris, Chairperson, Board of Zoning Appeals Mr. W. L. Whitwell, Chairperson, Architecturai Review Board Mr. John R. Marlles, Chief, Community Planning Ms. Evelyn S. Gunter, Secretary, Architectural Review Board Ms. Patti C. Hanes, Secretary, Board of Zoning Appeals Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 Mr. Robert L. Laslie, Vice President - Supplements, Municipal Code Corporation, p. O. Box 2235, Tallahassee, Florida 32304 Ms. Sandra H. Eakin, Deputy City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January. 1993. No. 31275-010493. AN ORDINANCE amending S36.1-25, Definitions; S36.1-53, Special exception uses, by the addition of new subsection (11); subsection (a) of $36.1-72, Special exception uses, by the addition of new subsection (12); $36.1-90, Special exception uses, by the addition of new subsection (15); ~36.1-108, Special exception uses, by the addition of new subsection (14); $36.1-126, Permitted uses, by the addition of new subsections (11), (12) and (13); ~36.1-145, Permitted uses, by the addition of new subsections (6) and (7); $36.1-207, Special exception uses, by the addition of new subsection (10); $36.1-250, Special addition of new subsections (6) and exception uses, by the addition of new $36.1-443, Sign regulations for the CN and C-1 addition of new subsection (c); subsection General requirements for all day care center=~; exception uses, by the (7); $36.1-271, Special subsections (4) and (5); district~, by the (a) of $36.1-511, subsection (a) of §36.1-571, Application; §36.1-575, Submission procedures; basic development plan, by the addition of new subsection (c); and S36.1- 640, Appointment~ membership, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, and adding new S36.1- 563, Application, ~36.1-564, Keeping of inoperative vehicle~, and $36.1-565, Removal of inoperative vehicles, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, and repealing §21-40.1, Open storage of inoperative vehicles in residential or commercial or agricultural district~!, of Chapter 21, Offenses Miscellaneous, of the Code of the City of Roanoke (1979), as amended, such amendments and additions shall define new terms, tow truck operation and inoperative vehicle; permit day care centers accessory to churches, synagogues and other places of worship as special exception uses in RA, RS-l, RS-2, RS-3, and RM-1 Districts, and as permitted uses in RM-2 Districts; permit day care homes and day care centers accessory to multifamily dwellings of fifty (50) dwelling units or more in RM-2, RM-3 and RM-4 Districts; permit medical laboratories as special exception uses in the C-2 District; permit a tow truck operation as a special exception use in LM and HM Districts; permit the retail sale of goods stored on the premises in LM and HM Districts; amend sign regulations in CN and C-1 Districts; amend general requirements for all day care centers; require either a basic development plan or a comprehensive development plan with an application for a zoning permit; amend membership requirements for the Architectural Review Board; regulate the storage of inoperative vehicles; and such repeal relating to a code section prohibiting the open storage of inoperative vehicles. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.1-25, Definitions; ~36.1-53, ~pecial pxception uses, by the addition of new subsection (11); subsection (a) of §36.1-72, Special exception uses, by the addition of new subsection (12); ~36.1-90, Special exception uses, by the addition of new subsection (15); ~36.1-108, Special exception uses, by the 2 addition of new subsection (14); S36.1-126, Permitted use_s, by the addition of new subsections (11), (12) and (13); S36.1-145, Permitted uses, by the addition of new subsections (6) and (7); §36.1-207, Special exception uses, by the addition of new subsection (10); ~36.1-250, Special exception uses, by the addition of new subsections (6) and (7); S36.1-271, Special exception uses, by the addition of new subsections (4) and (5); ~36.1-443, Siqn requlations for the CN and C-1 districts, by the addition of new subsection (c); subsection (a) of ~36.1-511, general requirements for all day care center:~; subsection (a) of §36.1-571, Application; ~36.1-575, Submission procedures~ basic development plan, by the addition of new subsection (c); and S36.1- 640, Appointment~ membership, of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1979), as amended, be, and are hereby, amended and reordained to read and provide as follows: Sec. 36.1-25. Definitions. Inoperative vehicle: Any motorized vehicle on which valid license plates or a valid inspection decal is not displayed, or any motorized vehicle which has been wrecked, partially or totally dismantled or disassembled, such that the vehicle cannot be lawfully operated on a public street. Tow truck operation: An establishment exclusively engaged in the towing and storage, for no more than 45 business days, of damaged or inoperative vehicles. Sec. 36.1-53. .~pecial exception uses. (11) Day care centers accessory to churches, synagogues and other places of worship, subject to the requirements of section 36.1-510, et seq. Sec. 36.1-72. Special exception uses. (a) Uses permitted by special exception in the RS-1 and RS-2 districts: (12) Day care center accessory to churches, synagogues and other places of worshlp, subject to the requirements of section 36.1-510, et seq. Sec. 36.1-90. Special exception uses. (15) Day care centers accessory to churches, synagogues and other places of worship, subject to the requirements of section 36.1-510, et seq. Sec. 36.1-108. Special exception uses. (14) Day care centers accessory to churches, synagogues and other places of worship, subject to the requirements of section 36.1-510, et seq. Sec. 36.1-126. Permitted uses. (11 Day care centers accessory to churches, synagogues and other places of worship, subject to the requirements of section 36.1-510, et seq. (12) Day care homes subject to the requirements of Section 36.1-510, et seq. (13) Day care centers accessory to One or more multifamily dwellings of fifty (50) dwelling units or more, all of which are on the same tract, 4 subject to the requirements of section 36 1-510 et seq. · · Sec. 36.1-145. Permitted uses. (6) Day care homes subject to the requirements of Section 36.1-510, et seq. (7) Day care centers accessory to one or more multifamlly dwellings of fifty (50) dwelling units or more, all of which are on the same tract, subject to the requirements of section 36.1-510, et seq. Sec. 36.1-207. Special exception uses. (10) Medical laboratories. Sec. 36.1-250. Special exception uses. (6) (7) Tow truck operations, provided that: (a) The lot area contains a minimum of twenty thousand (20,000) square feet; (b) The outdoor storage area is accessory to a building on the same. lot and has a maximum area of no greater than eighty (80) percent of the gross floor area of the building; and (c) The outdoor storage area is screened from view from adjacent properties and public streets. General storage and warehousing establishments engaged in the storage of merchandise, including the retail sale of goods stored on the premises, provided that the gross floor area of the building for such retail sale is no greater than 10% of the gross floor area of such building. Sec. 36.1-271. Special exception uses. 5 (4) (5) General storage and warehousing establishments engaged in the storage of merchandise, including the retail sale of goods stored on the premises, provided that the gross floor area of the building for such retail sale is no greater than 10% of the gross floor area of such building. Tow truck operations, provided that: (a) The lot area contains a minimum thousand (20,000) square feet; of twenty (b) The outdoor storage area is accessory to a building on the same lot and has a maximum area of no greater than eighty (80) percent of the gross floor area of the building; and (c) The outdoor storage area is screened from view from adjacent properties and public streets. Sec. 36.1-443. Sign regulations for the CN and C-1 districts. (c) In addition to the signs enumerated above, one (1) sign with a total combined surface area not exceeding ten (10) square feet may be displayed to advertise the premises on which the sign is erected for sale, rent or lease. Sec. 36.1-511. General requirements for all day care centers. (a) Ail day care centers shall be required to provide a ratio of twenty-five (25) square feet of designated common floor area per child in conjunction with an outdoor fenced play area at a ratio of seventy-five (75) square feet per child for the number of children to be accommodated at the facility. The designated common floor area shall be that area in which all children sleep, eat, receive instruction, or play, and shall not include hallways, kitchen areas and bathrooms. Sec. 36.1-571. Application. (a) Ail applications for a zoning permit required pursuant to section 36.1-671 shall be accompanied by either a basic or comprehensive development plan. 6 Sec. 36.1-575. Submission procedures; basic development plan. (c) Structures or additions costing less than five thousand ($5,000) in value may be exempted from Some, or all, of the requirements of this division by the zoning administrator. S36.1-640. Appointment, membership. There is hereby created an architectural review board consisting of seven (7) members, appointed by majority vote of the city council. Initially, one (1) member shall be appointed to serve a term ending October 1, 1980, two (2) for a term ending October 1, 1981, and two (2) for a term ending October 1, 1982, and two (2) for a term ending October 1, 1983. The council, at the time of initial appointment of the board, shall designate the terms of the appointees after the expiration of the initial term; and appointment shall be for a four-year term. Any vacancy on the board shall be filled in the same manner as the original appointment, for the unexpired term. Members of the board shall hold no elected public office. All members shall have an interest, competence or knowledge in historic preservation. At least one (1) of the members appointed shall be selected from the membership of the city planning commission, at least two (2) members shall be registered architects, and at least one (1) member shall be a person who has demonstrated knowledge of and interest in the history of the city. 2. Chapter 36.1, Zoninq, of the Code of the City of Roanoke 1979), as amended, be, and is hereby, amended by the addition of new §36.1-563, ApDlication, ~36.1-564, Keepinq of inoperativ~ vehicles, and ~36.1-565, Removal of inoperative vehicle~ to read and provide as follows: 7 Division 13. Inoperative vehicles Sec. 36.1-563. A_p~lication. The regulations contained in this division shall be applicable in any district, except to those uses where storage of inoperative vehicles is permitted or where storage of inoperative vehicles is customarily and clearly incidental to the principal use on the lot. Sec. 36.1-564. Keeping of inoperative vehicle~. It shall be unlawful for any person, corporation or entity to store on property in any district an inoperative vehicle, unless such vehicle is completely enclosed within a building. . Sec. 36.1-565. Removal of inoperative vehiclen. The owner or tenant of the property, or their agent, on which there is an inoperative vehicle that is not completely enclosed within a building shall remove the vehicle within ten (10) days after being notified by the zoning administrator. 3. Section 21-40.1, Open storage of inoperative vehicles in residential or commercial or agricultural districts, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke (1979), as amended, be, and is hereby REPEALED. ATTEST: City Clerk. 8 '92 P~xanoke City Planning Commission December 14, 1992 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members Council: Subject: Proposed Amendments and Revisions to Chapter 36.1, Zoning, of the Code of the City of Roanoke, 1979, as amended. I. Backro~_~9~D~: purpose of the proposed ordinance amendments and revisions is to address a number of uses currently not provided for in the code and to clarify some provisions for more effective zoning enforcement and ordinance interpretation. Names and Ordinance Subcommitteo had several meetings with City planning staff to evaluate the proposed amendments. The Subcommittee recommended approval of the proposed ordinance amendments at their September 25 1993, meeting. ' Planninq Commission public hearing was held on Wednesday, November 4, 1992. John Marlles, Chief of Conu~unity Planning, noted that the Commission had been briefed on the proposed amendments at their October 7, 1992, regular meeting. He further stated that the staff had received no comments and that the staff recommended approval of the amendments as presented. No one from the audience appeared before the Commission to speak in favor or in opposition to the proposed amendments and revisions. II. Issues: A. More effective zoninq enforcement. Update zoninq code to recoqnize, provide for, an,] requlate uses currently in existence throuqhout th,. Room 355 Municipal Building 215 Churah Avenue, SW Roanoke, Virginia 24011 (703) 98t-2344 III. Alternatives: City Council aDprovn the proposed ordinance amendments and revisions. Potential as well as existing uslnesses will be b ' allowed to locate and/or continue to operate in certain zoning districts under specific standards of the zoning code. Zoning administration would become more effective in ' ' interpretation as well as enforcement of the zoning code. ~ity Council deny the proposed ordinance amendments and revisions. Existing uslnesses not provided for in certain b ' zoning districts would continue to be illegal, "nonconforming,, uses and new businesses of similar nature would be located elsewhere in the Roanoke Valley. 2. Ordinance interpretation would continue to be based on each individual circumstance in lieu of being applied across the board which would result in ineffective and selective code enforcement. III. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Sowers absent) recommended that City Council approve the proposed zoning ordinance amendments and revisions as presented, finding that the amendments would assist staff in providing more effective and efficient code administration and enforcement. Furthermore, City Council is requested to repeal Section 21- 40.1 of the City Code in light of the fact that one of the zoning ordinance amendments presented would place those same provisions under the correct enforcement authority. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works Building Commissioner 24011 CITY ]F R~]C~[]KE C/D MARY F PARKER CITY CLERKS (]FFICE Ri}OM q-5(~ ~LINICIFAL RO~N()KE '92 BEg14 p3:12 STAI-~: OF VIR,6INiA CITY AFFIDAVIT PU: LIC~TI,)N I, (THE UNOERSIGNEO) AN &UTHORIZED REPRESENTF, TIVE JIF THE TIMES-WORLD COR- PORATION, ~HICd CURPORAFION IS PUBLISHER OF THE R(]qNOK~ TI~ES g NCRLD-NEWS~ A DAILY NEWSPAPE~ PUJLISt~O IN ROANOKE~ IN TfiE ST~qTE ~IF VIRGINIA, 09 CE$'TIFY [HAT THE ANN~X~O N~]TIC~ WAS PUbLISHeD IN SAIO N~WSPAPFRS Ud TH~ ~OLL]NING DATFS ll/27/92 qOPNI,I~¢ 12/0'~/92 NITNESS, T~iLS 9TH t)aY OF i)ECE,Mi>ER 1992 ,dTdO~,I Z ED SIGNATURE NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, December 14, 1992, at 7:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., in order to consider amendments and revisions to Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended. The proposed amendments would amend the following sections of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1950), as amended: §36.1-25, §36.1-53, §36.1-72, ~36.1-90, §36.1-108, §36.1- 126, §36.1-145, §36.1-207, ~36.1-250, §36.1-271, §36.1-443, §36.1- 511, §36.1-571, ~36.1-575, and ~36.1-640, and add new §36.1-563, ~36.1-564, and ~36.1-565, such amendments and additions shall define new terms, tow truck operation and inoperative vehicle; permit day care centers accessory to churches, synagogues and other places of worship as special exception uses in RA, RS-l, RS-2, RS- 3, and RM-1 Districts and as permitted uses in RM-2 District; permit day care homes and day care centers accessory to multifamily dwellings of fifty (50) dwelling units or more in RM-2, RM-3 and RM-4 Districts; permit medical laboratories as special exception uses in the C-2 District; permit a tow truck operation as a special exception use in LM and HM Districts; permit the retail sale of goods stored on the premises in LM and HM Districts; amend sign regulations in CN and C-1 Districts; amend general requirements for all day care centers; regulate the storage of inoperative vehicles; amend membership requirements for the Architectural Review Board, and require either a basic development plan or a comprehensive development plan with an application for a zoning permit. A copy of said proposed amendments is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulations should be directed to the Office of Community Planning, 981-2344. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 25th day of November , 1992. Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, November 27, 1992, and once on Friday, December 4, 1992, in the Roanoke Times and World-News. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 2t5 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Roanoke City Planning Commission Proposed Zoning Ordinance Amendments August 10, 1992 Revised October 29, 1992 Comment: Tow truck operations is a use not provided for in the current zoning ordinance. Proposed Amendment(s): Section 36.1-25. Definitions. (page 2892) Tow truck operation: An establishment exclusively engaged in the towinq and storaqe, for no more than 45 business days, of damaqed or inoperative vehicles. Section 36.1-250. Special exception Manufacturing District, p. 2939) Create item (6) to read as follows: (6) uses. (LM, Light Tow truck operations, provided that: (a) The lot area contains a minimum of twenty thousand (20,000) square feet; The outdoor storaqe area is accessory to a buildinq on the same lot and has a maximum area of no (c) qreater than eiqhty (80) percent of the qross floor area of the buildinq; and The outdoor storaqe area is screened from view from adjacent properties and public streets. uses. (HM, Heavy Section 36.1-271. Special exception Manufacturing District, page 2942) Create item (9) to read as follows: (9) Tow truck operations, provided that: (a) The lot area contains a minimum of twenty thousand (20,000) square feet; (b) The outdoor storaqe area is accessory to a building on the same lot and has a maximum area of no (c) qreater than eiqhty (80) percent of the qross floor area of the buildinq; and The outdoor storaqe area is screened from view from adjacent properties and public streets. Comment: To facilitate the maintenance of an attractive and safe community, it is necessary to define "inoperative vehicles" in the zoning ordinance and to set forth provisions regulating such uses related thereto. Proposed Amendment(s): Section 36.1-25. Definitions. (page 2892) Inoperative vehicle: Any motorized vehicle on which valid license plates or a valid inspection decal is not displayed, or any motorized vehicle which has been wrecked, partially or totally dismantled or disassembled, such that the vehicl~ cannot be lawfully operated on a public street. Create the following division of the code under Article IV. Supplementary Regulations: Division 13. Inoperative vehicles. Section 36.1-563. Application. The requlations contained in this division shall be applicabl~ in any district, except to those uses where storaqe of inoperative vehicles is permitted or where storaqe of inoperative vehicles is customarily and clearly incidental to the principal use on the lot. Section 36.1-564. Keepinq of inoperative vehicles It shall be unlawful for any person, corporation or entity to store on property in any district an inoperative vehicle, unless such vehicle is completely enclosed within a buildinq. Section 36.1-565. Removal of inoperative vehicles The owner or tenant of the property, or their aqent, on which there is an inoperative vehicle that is not completely enclosed within a building shall remove the vehicle within ten (10) days after beinq notified by the zoninq administrator. Comment: Medical laboratories are currently not provided for in the C-2, General Commercial District, despite the fact that they are provided for as a special exception use in the C-i, Office District, and as a permitted use in the C-3, Central Business District. Proposed Amendment(s): Section 36.1-207. Special exception uses. (C-2 District, page 2933) Create the following item to read: (10) Medical laboratories. Comment. Many places of worship operate day care centers, despite the fact that the zoning ordinance does not specifically provide for such use. The zoning ordinance needs to be clarified to ensure that day care centers are permitted. Proposed Amendment(s): Section 36.1-53. Special exception uses. (RA District, page 2904) Create the following item to read: (11) Day care centers accessory to churches, synaqoques and other places of worship, subject to the requirements of section 36.1-510, et seq. Section 36.1-72. Special exception uses. (RS-1 and RS-2 Districts, page 2907) Create the following item to read: (10) Day care center accessory to churches, synaqoques and other places of worship, subject to the requirements of section 36.1-510, et seq. Section 36.1-90. Special exception uses. (RS-3 District, page 2912) Create the following item to read: (13) Day care centers accessory to churches, synaqoques and other places of worship, subject to the requirements of section 36.1-510, et seq. Section 36.1-108. Special exception uses. (RM-1 District, page 2913) (12) Day care centers accessory to churches, synagoques and other places of worship, subject to the requirements of section 36.1-510, et seq. Section 36.1-126. Permitted uses. (RM-2 District, page 2915) Create the following item to read: (8) Day care centers accessory to churches, synaqogues and other places of worship, subject to the requirements of section 36.1-510, et seq. Revise the following item to read: Section 36.1-511. General requirements for all day care centers. (page 3004) (a) Ail day care centers shall be required to provide a ratio of twenty-five (25) square feet of desiqnated common floor area per child in conjunction with an outdoor fenced play area at thc rate a ratio of seventy-five (75) square feet per child for the number of children in ~A ~ ........ ~ ..... ~ .... ~_ to be accommodated at the facility. The desiqnated common floor area shall be that area in which all children sleep, eat, receive instruction, or play, and shall not includ~ hallways, kitchen areas and bathrooms. Comment: A basic or comprehensive development plan is necessary in order to determine compliance with zoning ordinance requirements. Proposed Amendment(s): Section 36.1-571. Application. regulations, page 3012) (Development plan Revise the following item to read: (a) Ail applications for a zoning permit required pursuant to section 36.1-671 shall be accompanied by either a basic or comprehensive development plan ~--~A~ ~ ~~~.-- ~,--~~ ~ Section 36.1-575. plan. Submission procedures; basic development Create the following item to read: (c) Structures or additions costinq less than five thousand ($5,000) in value may be exempted from some, or all, of the requirements of this division by the zoninq administrator. Comment: Real estate "For Sale" signs should be regulated in the CN and C-1 zoning districts similar to such regulations currently set forth in the C-2, C-3, LM and HM districts. Proposed Amendment(s): Amend the following section by creating the following item: Section 36.1-443. Siqn requlations for the CN and C-1 districts. (paqe 2995) 4 (c) In addition to the signs enumerated above, one (ii sign with a total combined surface area not exceedinq ten (10) square feet may be displayed to advertise the premises on which the siqn is erected for sale, rent or lease. Comment: Day care homes are provided for as a permitted use in the RA, RS-i, RS-2, RS-3 and RM-1 zoning districts (more restrictive residential districts) and not in the RM-2, RM-3 and RM-4 districts (less restrictive residential districts). Furthermore, day care centers are customarily provided in large multifamily housing developments despite the fact that our current code does not provide for such use. Section 36.1-126. Permitted uses. (RM-2 district, page 2915) Create the following items to read: (12) Day care homes subject to the requirements of Section 36.1-510, et seq. (13) Day care centers accessory to one or more multifamilv dwellings of fifty (50) dwellin~ units or more, all of which are on the same tract, subject to the requirements of section 36.1-510, et seq. Section 36.1-145. Permitted uses. (RM-3 and RM-4 districts, page 2918) Create the following items to read: (6) Day care homes subject to the requirements of Section 36.1-510, et seq. (7) Day care centers accessory to one or more multifamilv dwellinqs of fifty (50) dwellinq units or more, all of which are on the same tract, subject to the requirements of section 36.1-510, et seq. Comment: The limited retail sale of merchandise in connection with an on premise warehouse operation is not currently provided for in the LM or HM districts. Several requests to conduct such operations have been received by the city's zoning administrator. In addition, a number of existing warehouse operations already conduct limited retail sales. Proposed amendment(s): Section 36.1-250. Special exception uses. (LM District, page 2942) Amend by adding the following item: 5 (6) General storage and warehousing establishments enqaqed in the storaqe of merchandise, including the retail sale of ~oods stored on the premises, provided that the qross floor area oz the buildinq for such retail sale is no greater than ten percent (10%) of the gross floor area of such building. Section 36.1-271. Special exception uses. (HM District, page 2942.3) Amend by adding the following item: (4) General storage and warehousinq establishments enqaqed in the storage of merchandise, including the retail sale of goods stored on the premises, provided that the gross floor area oz the building for such retail sale is no greater than 10% oI the gross floor area of such building. 9 o Comment: Section 36.1-640 currently provides for one member of the ARB to be selected from the membership of the Roanoke city Arts Commission. Eliminating this requirement would provide City Council with greater flexibility in the appointment of members. Proposed Amendment: Section 36.1-640. Appointment, membership. There is hereby created an architectural review board consisting of seven (7) members appointed by majority vote of the city council. Initially, one (1) member shall be appointed to serve a term ending October 1, 1980, two (2) for a term ending October 1, 1981, two (2) for a term ending October 1, 1982, and two (2) for a term ending October 1, 1983. The council, at the time of initial appointment of the board, shall designate the terms of the appointees after the expiration of the initial term; and appointment shall be for a four-year term. Any vacancy on the board shall be filled in the same manner as the original appointment, for the unexpired term. Members of the board shall hold no elected public office. All members shall have an interest, competence or knowledge in historic preservation. At least one (1) of the members appointed shall be selected from the membership of the city planning commission, ~ ................... , at least two (2) members shall be registered architects, and at least one (1) member shall be a person who has demonstrated knowledge of and interest in the history of the city. 6 NOTICE OF PUBLIC HEARING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning hearing on Wednesday, November 4, BEFORE TH~-RSANOKE CITY PLANNING Commission will hold a public 1992, at 1:30 p.m., or as soon thereafter as the matter may be heard, in the City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W., in order to consider the following amendments to Chapter 36.1, Zoning, of the Code of Ordinances of the City of Roanoke: Amendment to Section 36.1-250. by creating item (6)(a)(b)(c) operations; Amendment to Section 36.1-271. by creating item (9)(a)(b)(c) operations; Special exception uses., relative to tow truck Special exception uses., relative to tow truck 3. Amendment to Section 36.1-25. Definitions., by adding the definition of inoperative vehicle; Amendment to Article IV. Supplementary Regulations., by creating a Division 13. relative to inoperative vehicles and creating Sections 36.1-563 through 36.1-566(a)(b) under Division 13; Amendment to Section 36.1-206. Permitted uses., by creating item (48) relative to medical laboratories; Amendment to Sections 36.1-53. Special exception uses., by creating item (11) relative to day care centers; Amendment to Section 36.1-72. Special exception uses., by creating item (12) relative to day care centers; Amendment to Section 36.1-90. Special exception uses., by creating item (15) relative to day care centers; Amendment to Section 36.1-108. Special exception uses., by creating item (14) relative to day care centers; 10. Amendment to Section 36.1-126. Permitted uses., by creating an item (11) relative to day care centers. 11. Amendment to Section 36.1-511. General requirements for all day center centers., (a); 12. Amendment to Section 36.1-571. Application., (a); and creation of item (b)(9) relative to basic development plan; 13. Amendment to Section 36.1-443. Sign regulations for the CN and C-2 districts., by creating an item (c) relative to signage; 14. Amendment to Section 36.1-126. Permitted uses., by (12) relative to day care home and item creating item (13) relative to day care centers; 15. Amendment of Section 36.1-145. Permitted uses., by creating item (6) relative to day care homes and item (7) relative to day care centers. 16. Amendment to Section 36.1-501. General requirements, home occupations., by creating item (i)(1) relative to parking for beauty or barbershops; 17. Amendment to Section 36.1-250. Special exception uses., by creating item (6) relative to general storage. 18. Amendment to Section 36.1-271. Special exception uses., by creating item (4) relative to general storage; and 19. Amendment to Section 36.1-640. Appointment, membership. A copy of the proposed amendments is available for review in the Office of Community Planning, Room 355, Municipal Building. All parties in interest and citizens may appear on the above date and be heard on the matter. John R. Marlles, Agent Roanoke City Planning Commission Please run in newspaper on Tuesday, October 20, 1992 Please run in newspaper on Tuesday, October 27, 1992 Please bill and send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 MARY F. PARKER Cfty CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 TReOanoke, Virginia 24011 elephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #91 Mr. Robert W. Benninger Acting Town Manager Town of Vinton P. O. Box 339 Vinton, Virginia 24179 Dear Mr. Benninger: I am enclosing copy of Ordinance No. 31285-010493 authorizing the Mayor to execute an agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke, relating to the boundary line between said gOvernmental entities, directing the City Clerk to cause a description of said boundary to be published as provided by law, and directing that certain other actions relating to such boundary line be taken as provided by law, as more particularly set forth in the exhibits attached to a report of the City Manager under date of December 14, 1992. Ordinanoa No. 31285-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of/ts second reading. Sincerely, Mary F. Parker, CM~C/~'AE City Clerk MFP: sm !7,,nc. pc: Mr. Bob Yost, CWY, Inc., p. O. Box 977, Vinton, Virginia 24179 Mr. WimA~ p. Vinyard, Jr., Vinton Motors, Inc., Corner of Washington and Pollard Streets, Vinton, Virginia 24179 Mr. A. R. Overbay, 3022 Hickory Woods Drive, N. E., Apartment 116, Roanoke, Virginia 24012 Mr. Robert W. Benninger January 7, 1993 Page 2 pc; W. E. Cundiff and Co., c/o Ms. Ann H. Huffman, 2213 Beavers Lane, Vinton, Virginia 24179 The Honorable Arthur B. Crush, III, Clerk of Circuit Court Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr. Willard N. Claytor, Director of Real Estate Valuation Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Mr. Kit B. Kiser, Director of Utilities and Operations Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Charles A. Price, Jr., Chairperson, City Planning Commission Mr. John R. Marlles, Agent, City Planning Commission Mr. Ted Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1993. No. 31285-010493. AN ORDINANCE authorizing the Mayor to execute an agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke relating to the boundary line between said governmental ~ntities, directing the City Clerk to cause a description of such boundary to be published as provided by law, and directing that Certain other actions relating to such boundary line be taken as provided by law. WHEREAS, the Council deems it necessary in order to further the public health, safety and welfare to relocate portions of the boundary line between the City of Roanoke, the Town of Vinton and the County of Roanoke, In accordance with the provisions of S15.1- 1031.1 through S1031.3 of the Code of Virginia (1950), as amended ("State Code'.); and WHEREAS, relocation of the boundary line between such governmental entities in the areas proposed will permit more effective and efficient dellvery of municipal services; and WHEREAS~ the City Manager has recommended to the Council establishment of a new boundary line at certain points between the City of Roanoke, the Town of Vlnton, and the County of Roanoke, as set out in his report dated December 14, 1992, to this Council; and WHEREAS, the Town of Vtnton and Roanoke County, through their respective administrations, have agreed to the boundary relocation as set forth in the City Manager's report dated December 14, 1992, to this Council; and WHEREAS, the Council concurs in the recommendation of the City Manager as set forth in his report dated December 14, 1992. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke. that: 1. The Mayor and the City Clerk be, are hereby are, authorized to execute and attest, respectively, an agreement, between the City of Roanoke, the Town of Vlnton, and the County of Roanoke, in form approved by the City Attorney, establishing a new boundary line at certain points between said Jurisdictions as more particularly described in the exhibits attached to the City Manager,s report dated December 14, 1992, all of which is incorporated by reference herein. 2. The boundary line set forth in said agreement shall be described by metes and bounds. 3. Upon the agreement being duly executed by the Mayor for Roanoke City, the Mayor of the Town of Vlnton, and the Chairman of the Board of Supervisors for the County of Roanoke, said executions to be authorized by appropriate measures passed by the respective jurisdictions, the City Clerk is directed to cause the description of such aforesaid boundary line to be duly published as required by S15.1-1031.2 of the State Code. 4. Upon execution of the agreement between the governing bodies and publication of the agreed upon relocation boundary line in accordance with law, the City Attorney is authorized to petition the Circuit Court of one of the affected jurisdictions to relocate the boundary line in accordance with the exhibits attached to the City Manager's report dated December 14, 1992. 5. Upon entry of an order by the Circuit Court establishing tke new boundary line, the City Clork is directed to forward a certified copy of such order to the Secretary of the Commonwealth. 6. The Mayor and City Attorney are authorized to take, or cause to be taken, such other actions, and to execute other documents as may be required by law to effect the change in the boundary line as set forth herein. 7. The City Clerk is directed to forward an attested copy of tkis ordinance to the Town Clerk of the Town of Vinton and the Clerk of the Board of Supervisors for Roanoke County. ATTEST: City Clerk. 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 SANDRA H. EAKIN Deputy City Clerk January 7, 1993 File #91 Ms. Mary H. Allen Clerk to the Board Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Allen: I am enclosing a certified copy of Ordinance No. 31285-010493 authorizing the Mayor to execute an agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke, relating to the boundary line between said governmental entities, directing the City Clerk to cause a description of said boundary to be published as provided by law, and directing that certain other actions relating to such boundary line be taken as provided by law, as more particularly set forth in the exhibits attached to a report of the City Manager under date of December 14, 1992. Ordinance No. 31285-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, ~0~ Mary F. Parker, CMC/AAE City Clerk MFP: s m gnc. MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virg/nia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #91 Ms. Carolyn S. Ross Clerk of Council Town of Vinton P. O. Box 338 Vinton, Virginia 24179 Dear Ms. Ross: I am enclosing a certified copy of Ordinance No. 31285-010493 authorizing the Mayor to execute an agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke, relating to the boundary line between said governmental entities, directing the City Clerk to cause a description of said boundary to be published as provided by law, and directing that certain other actions relating to such boundary line be taken as provided by law, as more particularly set forth in the exhibits attached to a report of the City Manager under date of December 14, 1992. Ordinance No. 31285-010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993, and will take effect ten days following the date of its second reading. Sincerely, f&~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. }WN (IF VINTON P. O, 80X 338 VIN] ON, ViRG~I~IIA 24179 FAX £?05i 083 062 '~ JanuaJy 6, 1993 V,,'., a:(: ?,.>~,-kcCo~nty '~: :,,fi~o~ lng interested !' ~ P, ob Yost t\", "', Inc. P. O. Box 977 \'i,t~m Virginia 24179 (Plca_,u flax a copy of ll~e letter to Mr. Yost at 890-0474) William P. Vi,yard, Jr. Vi~ (on Motors, lrlc, ~' ot Waqh;ngtgn and Pollard Streets ',':'.:' ,~ 24179 A<th,g ~t'oLLrll Manager P. O. Box 338 Vinton, Virginia 24179 '92 BE010 Roanoke, Virginia December 14, 1992 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Resolution 816, from the Town of Vinton, on behalf of William P. Vinyard, Jr., requesting a certain adjustment of the boundary between Roanoke City and the Town of Vinton, pursuant to the provisions of Section 15.1-1031.1 through 1031.3 of the Code of Virginia (1950), as amended. I. Backqround: City Council, on October 12, 1992, reviewed Resolution 816 as adopted by the Town of Vinton. The resolution requested that the City agree to adjust and relocate its existing corporate boundary at one specific location. Town of Vinton requested the boundary adjustment on behalf of Mr. William P. Vinyard. Mr. Vinyard owns a parcel of land (tax parcel 7010202) that is bisected by the boundary line that separates the City of Roanoke and the Town of Vinton (see exhibit 1). Planninq Commission report recommended that City Council approve the requested adjustment and further recommended that such boundary be adjusted in a manner that would correct its existing alignment that divides certain other buildings and lots in an arbitrary manner. Assistant Town Manaqer of Vinton Robert Benninger expressed concerns related to the recommended adjustments. Mr. Benninger requested that consideration be given to the need for some further adjustment and alteration of the boundary to allow certain Vinton residents to remain in the Town of Vinton. City Council continued the matter in order to provide sufficient time for City staff and the Town of Vinton to resolve such concerns. Members of Council Page 2 II. Current Situation: Pla~ has now met with officials of the Town of Vinton and certain adjustments to the Planning Commission,s original recommendation have been proposed in order to resolve certain concerns (see exhibits 1, 2 and 3). Exhibits 1, 2 and 3, as attached to this report, represent a revised proposal to adjust the existing boundaries separating the City of Roanoke and Roanoke County. Exhibit 4 further define the limits of the Town of Vinton as distinguished from Roanoke County proper. Revised ro osal has been agreed upon and is acceptable to proper officials representing the Town of Vinton and Roanoke County. III. Issues: A. Public health and safety. B. Convenience/inconvenience for affected property owners. IV. Alternatives: ae APProve the revised recommendation to provide for certain adjustments in the location of the City's existing corporate boundary, as shown and described on attached exhibit nos. 1, 2 and 3, subject to certain contingencies outlined in Part V. of this report. 1. Public health and safety. ae Relocation of boundary as recommended will eliminate the division of certain buildings and lots by such boundary. These structures and lots will thereafter be wholly situated within one jurisdiction. be Elimination of structure and lot division will clearly establish jurisdictional responsibilities for the prompt provision of police, fire and emergency services. Convenience for affected Droperty owner~. Adjustments will eliminate the need for certain property owners to be assessed for real estate taxes by two different localities. Some lots on Daleton Avenue will still be divided by corporate limits. Members of Council Page 3 Adjustments will allow Mr. William P. Vinyard to develop his property (tax parcel 7010202) for residential construction. Adjustments will place Vinyard Park (tax parcel 7010201) within the boundaries of Roanoke County. Park land belongs to the County and is being developed for public recreation uses, as a part of its public park system. Deny the request in conjunction with the revised recommendation. 1. Public health and safety. ae Existing structures and lots will remain divided by jurisdictions. Confusion related to future provision of fire, police, and emergency services will remain as a potential safety problem. 2. Inconvenience for affected property ownerm. Owners of properties divided by boundary lines may on occasion be inconvenienced by possible confusion associated with the provision of routine public work services. William P. Vinyard will not be able to develop his property for residential construction. Potential liabilities and responsibilities related to the property owned by Roanoke County will remain. V. Recommendation: Approve Alternative "A" thereby authorizing the City Manager to execute an agreement with Roanoke County and the Town of Vinton to relocate the common boundary between those jurisdictions as set forth in attached exhibit nos. 1, 2 and 3 of this report, with said agreement being subject to the following contingencies: ae The agreement is to be approved as to form by the City Attorney. BJ The City Attorney is herein authorized to initiate appropriate legal proceedings, upon the execution of said agreement, in accordance with the requirements of Section Members of Council Page 4 15.1-1031.1, et.seq, of the Code of Virginia (1950) as amended. The City Clerk is herein authorized to cause the description of such boundary, as agreed upon, to be duly published as required by Section 15.1-1031.2, of the Code of Virginia (1950), as amended. Upon completion of the above-cited legal proceedings, the matter shall be brought before the Planning Commission for public notice and recommendation as required by Section 15.1-456 of the Code of Virginia (1950) as amended, as an amendment to the City's comprehensive plan. Respectfully submitted, W. Robert Herbert City Manager WRH:JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Brad Corcoran, Vinton Town Manager, P. O. Box 338, Vinton, VA 24179 Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, VA 24018 October 28, 1992 Mr. Brad Corcoran Vinton Town Manager P. O. Box 338 Vinton, VA 24179 Dear Mr. Corcoran: In regard to our previous discussions with Assistant Town Manager Robert Benninger, I am enclosing a map showing a proposed adjustment of the existing boundary lines between the Town of Vinton, Roanoke County and the City of Roanoke. The enclosed proposal reflects certain revisions from the City's original proposal, but still provides for a logical and reasonable adjustment of the boundary in those instances where it arbitrarily divides certain residential buildings and lots. The outstanding question related to Vinyard Park has been tentatively resolved by agreement between the City and the County; in that the park, by final agreement of all parties, will legally become a part of Roanoke County and the County will thereafter bear all liability and responsibility for same. I would appreciate it very much if you would review this proposal with Vinton Town Council as soon as possible, as to its acceptability, prior to our taking it back to City Council for their consideration. If you have any questions concerning the proposal, please contact me at 981-2344. Sincerely, Edward R. Tucker City Planner Mun,o,oa, Bu,,d,ng LETTER .% LOCATION MAP (showing revised boundary) EXHIBIT 1 ' lOth Stree TOWb City of Roanoke Ninth Street ~l_& CITY OF ROANOKE City of Roanoke B__o_undarv Town of Vinton Eighth Street OF VINTON EXHIBIT 2 ~ Proposed Bounda?y_ CITY OF ROANOKE Wayland Street TOWN OF VINTON k ~E~'t'~ SI'. ~ See EXHIBIT 3 .< TOWN P. O. BOX 338 VINTON, VIRGII~,~ 2J~79_7 PHONE {703) 983-0607 FAX (703] 983-0621 January 6, 1993 CAROLYN S. ROSS ADMIN. ASST./TOWN CLERK Ms. Mary F. Parker, Clerk City of Roanoke Room 456, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Re: Proposed Boundary Adjustments- Berkley Court Subdivision, Midway Area, and Vinyard Park Dear Mary: In regard to the above proposed boundary adjustments, the Vinton Town Council adopted Resolution No. 836, authorizing the Town Manager to proceed with the execution of a boundary adjustment agreement with Roanoke City and Roanoke County in conjunction with your Ordinance No. 31285-01093 adopted January 4, 1993. For your information, enclosed is a copy of Resolution No. 836, which was adopted at the regular meeting of Council held on Tuesday, January 5, 1993. If you have any questions or need additional information, please advise. Sincerely, Carolyn S. Ross Admin. Asst./Town Clerk csr Enclosure pc: Mrs. Mary Allen, Clerk, Roanoke County Board of Supervisors RESOLUTION NO. 836 AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL HELD ON TUESDAY, JANUARY 5, 1993, AT 7:00 P.M. IN THE COUNCIL CHAMBERS OF THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON, VIRGINIA. A RESOLUTION AUTHORIZING THE TOWN MANAGER (OR ACTING TOWN MANAGER) TO PROCEED WITH EXECUTION OF A BOUNDARY ADJUSTMENT AGREEMENT WITH ROANOKE CITY AND ROANOKE COUNTY WHEREAS, WHEREAS, WHEREAS, WHEREAS, the Vinton Town Council adopted Resolution No. 816 during its regularly scheduled meeting on February 18, 1992; and Resolution No. 816 provided for a corporate boundary adjustment between the Town of Vinton and the City of Roanoke which would place the Berldey Court Subdivision entirely within the Town of Vinton; and the Roanoke City Council at its regularly scheduled meeting on January 4, 1993, adopted Ordinance No. 31285-010493 which authorizes the City staff to proceed with execution of a joint agreement with the Town of Vinton and Roanoke County that will relocate common boundary lines between the Town of Vinton and Roanoke City and between Roanoke County and Roanoke City; and Section 15.1-1031.1 et seq. of the Code of Virginia (1950), as amended, permits the relocation of boundary lines between political subdivisions when they agree to do so; NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Vinton, Virginia, that: The corporate boundary between the Town of Vinton and the City of Roanoke be adjusted so that the entire Berkley Court Subdivision is situated within the Town of Vinton. The corporate boundary between the Town of Vinton and the City of Roanoke be adjusted so that properties in the Midway area be situated wholly within the Town of Vinton or wholly within the City of Roanoke in conformance with the desires of the affected property owners, i.e. those property owners who wish to remain in the Town will stay in the Town and those who wish to remain in Roanoke City will stay in the City. , The boundary line between Roanoke County and the City of Roanoke be adjusted so that Vinyard Park is situated entirely within Roanoke County and not within the Town of Vinton. A true copy of this resolution be forwarded to the City Manager of the City of Roanoke and the Roanoke County Administrator. The Town Manager is authorized to execute a joint agreement, subject to approval as to form by the Town Attorney, with the City of Roanoke and Roanoke County. Said agreement will contain provisions to make the subject adjustments of common boundary lines between the Town of Vinton and Roanoke City and between Roanoke City and Roanoke County. Upon execution of the agreement by all parties, the Town Manager is directed to post and advertise the description of the relocated boundary lines between the Town of Vinton and the City of Roanoke in accordance with Section 15.1-1031.2 of the Code of Virginia (1950), as amended, and the Town Attorney is directed to petition the Circuit Court of Roanoke City in accordance with Section 15.1- 1031.3 of the Code of Virginia (1950), as amended. Motion made by Councihnan Donald L. Davis Joseph L. Bush, Jr. , and seconded by Councilman , with the following votes recorded. AYES 5 NAYS 0 ATTEST: APPROVED: C aries R. Hiff, Mayor TOWN OF VINTON P. O. BOX 338 VINTON, VIRGINIA 24179 PHONE {703! 983-0607 FAX (703) 983-0621 January 6, 1993 CAROLYN S. ROSS ADMIN. ASST./TOWN CLERK Ms. Mary H. Allen, Clerk Roanoke County Board of Supervisors County of Roanoke P. O. Box 29800 Roanoke, VA 24018-0798 Re: Proposed Boundary Adjustments - Dear Mary: Berldey Court Subdivision, Midway Area, and Vinyard Park In regard to the above proposed boundary adjustments, the Vinton Town Council adopted Resolution No. 836, authorizing the Town Manager to proceed with the execution of a boundary .adjustment agreement with Roanoke City and Roanoke County. For your information, enclosed ~s a copy of Resolution No. 836, which was adopted at the regular meeting of Council held on Tuesday, January 5, 1993. If you have any questions or need additional information, please advise. Sincerely, Carolyn S. Ross Admin. Asst./Town Clerk cst Enclosure pc: Mrs. Mary Parker, City Clerk 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) 981-2~41 SANDRA H. EAKIN Deputy City Clerk April 5, 1994 File #91 Betsy D. Beamer Secretary to the Commonwealth Office of the Secretary of the Commonwealth Old Finance Building Capitol Square Richmond, Virginia 23219 Dear Ms. Beamer: I am enclosing copy of Ordinance No. 31285-010493 authorizing the Mayor to execute an agreement between the Town of Vinton, the County of Roanoke, and the City of Roanoke, relating to the boundary line between said governmental entities, directing the City Clerk to cause a description of said boundary to be published as provided by law, and directing that certain other actions relating to such boundary line be taken as provided by law, as more particularly set forth in exhibits attached to a report of the City Manager under date of December 14, 1992. Ordinance No. 31285- 010493 was adopted by the Council of the City of Roanoke on first reading on Monday, December 14, 1992, also adopted by the Council on second reading on Monday, January 4, 1993. Pursuant to Paragraph 5 of the abovereferenced ordinance, I am also enclosing a certified copy of the order entered in the Circuit Court for the City of Roanoke establishing the new boundary line. Sincerely, MFP: sm Mary F. Parker, CMC/AAE City Clerk gnc. MARY F. PARKER City ~erk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 January 7, 1993 SANDRA H. EAKIN Deputy City Clerk File #132 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31296-010493 cancelling the regular meeting of the Council of the City of Roanoke scheduled for Tuesday, January 19, 1993, at 2:00 p.m. Resolution No. 31296-010493 was adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday, January 4, 1993. Sincerely, ~O~fl~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. pc: Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Robert H. Bird, Municipal Auditor Mr. Wiliard N. Claytor, Director of Real Estate Valuation Mr. William F. Clark, Director, Public Works Mr. Kit B. Kiser, Director, Utilities and Operations Mr. James D. Ritchie, Director, Human Development Mr. George C. Snead, Jr., Director, Public Safety IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 1993. No. 31296-010493. A RESOLUTION cancelling the regular meeting of City Council scheduled for January 19, 1993. BE IT RESOLVED by the Council of the City of Roanoke as follows: 19, 1993, 2. The regular meeting of City Council scheduled for January is hereby' CANCELLED. The City Clerk is directed to take appropriate action to advise the public of the cancellation of such meeting. ATTEST: City Clerk.