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Home My WebLink AboutCouncil Actions 02-08-93HARVEY 31334 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL February 8, 1993 7:30 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Vice-Mayor Fitzpatrick was absent. The Invocation was delivered by The Reverend F. Daniel Wright, Associate Pastor, Ghent Grace Brethren Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Mr. Joseph W. Gaither was recognized as the 1992 Citizen of the Year. PUBLIC HEARINGS Public hearing on the request of Berglund Chevrolet, Inc., that a 425 foot portion of Maddock Avenue, N. W., generally running between the west right-of-way line of Williamson Road, be permanently vacated, discontinued and closed. Mr. Daniel F. Layman, Jr., Attorney. Adopted Ordinance No. 31334 on first reading. (6-0) Public heating on the request of E. C. Pace, III, that a portion of Woodcliff Road, S. E., lying between Mack-Chick Road and Alan- A-Dale Road and all of Friar Tuck Road, S. E., be permanently vacated, discontinued and closed. Mr. E. C. Pace, III, Spokesperson. Adopted Ordinance No. 31335 on first reading. (6-0) Co Public heating on the request of Trustees of St. John's Episcopal Church of Roanoke, that a certain alley located between Jefferson Street and First Street, S. W., be permanently vacated, discontinued and closed. Mr. John P. Bradshaw, Jr., Spokesperson. Adopted Ordinance No. 31336 on first reading. (6-0) Do Public hearing on the request of Whitescarver-Rodes & Associates, Inc., that conditions proffered in conjunction with the rezoning of a tract of land located at 4932 Frontage Road, N. W., designated as Official Tax No. 6490805, be amended. Mr. Donald L. Wetherington, Attorney. Adopted Ordinance No. 31337 on first reading. (6-0) Eo Public heating on the request of District Investigation, Inc., that conditions approved pursuant to Ordinance No. 28168 rezoning a tract of land located on Sanford Avenue, S. W., designated as Official Tax No. 1271014, be amended; and that a tract of land designated as Official Tax No. 1271013, be rezoned from RM-1, Residential Multi- Family, Low Density District, to C-2, General Commercial District. Mr. Barry M. Tatel, Attorney. The matter was referred back to the City Planning Commission, with involvement of the City Attorney, to determine if a mutually satisfactory agreement can be reached between the City and the petitioner. 2 Public heating on the request of Guy B. Merritt, D.D.S., that property located at 2001 Memorial Avenue, S. W., Official Tax No. 1431325, be rezoned from RM-1, Residential Multi-Family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Dr. Guy B. Merritt, Spokesperson. The matter was tabled and referred back to the City Planning Commission and the City Administration to determine if a mutually satisfactory agreement can bc reached between the City, the petitioner, and the Grcat~ Raleigh Court Neighborhood Association. (Council Member Harvey abstained from voting.) Go Public heating on the request of Mr. and Mrs. James L. Cross that a 672 foot section of Barns Avenue, N. W., extending in an easterly direction from an existing barricade at Peters Creek Road, be permanently vacated, discontinued and closed. Mr. James L. Cross, Spokesperson. The public hearing was continued until the regular meeting of Council on Monday, March 8, 1993, at 7:30 p.m., or as soon thereafter as the matter may be heard. CONSENT AGENDA (APPROVED 6-0) ALL MATI'ERS 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 REMOVF~D FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. ITEM C-2 WAS REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. 3 C-I C-2 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)(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. A status report of the City Manager with regard to a petition submitted by residents of Carter Road and Laburnum Avenue, S. W., requesting installation of stop signs on Carter Road at the intersections of York, Avenel and Laburnum Avenues, S. W. RECOMMENDED ACTION: Receive and file. Action on the matter was deferred until the regular meeting of Council on Tuesday, February 16, 1993, at 2:00 p.m. REGULAR AGENDA 3. HEARING OF CITIZF. NS UPON PUBLIC MA'ITERS: Request of Virginia Amateur Sports, Inc., to address Council with regard to the Commonwealth Games of Virginia. Mr. Kenneth C. King, Jr., Spokesperson. Received and filed. Request to address Council with regard to the School budget. Mr. Mason Powell, Spokesperson. Received and filed. 4. PETITIONS AND COMMUNICATIONS: None. 5. REPORTS OF OFFICERS: a. CITY MANAGER: BRIEFINGS: None. ITEMS RECOMMENDED FOR ACTION: A report recommending authorization to submit a list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State maintenance payment eligibility. Adopted Resolution No. 31338-020893. (6--0) A report recommending acquisition of 47 easements and one fee simple parcel, and execution of certain permits and agreements with Norfolk-Southern Corporation, Appalachian Power Company and Roanoke Gas Company, relating to Phase I and II, Carvins Cove Filter Plant improvements. Adopted Ordinance No. 31339-020893. (6-0) A report recommending acceptance of the lowest responsible bids submitted to the City for replacing certain vehicular equipment in various City departments; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 31340-020893 and Resolution No. 31341-020893. (5-0, Mayor Bowers abstained from voting.) 5 b. City Attorney: A report with regard to waiver of the City residency requirement for a certain Commissioner of the City of Roanoke Redevelopment and Housing Authority. The matter was referred to Executive Session for discussion. 6. REPORTS OF COMMITTEES: None. 7. UNFINISHF. D BUSINESS: None. ge INTRODUCTION AND CONSIDERATION ORDINANCES AND RESOLUTIONS: OF ao Ordinance No. 31328, on second reading, declaring a certain structure located in the Roanoke Centre for Industry and Technology surplus and authorizing its removal. Adopted Ordinance No. 31328-020893. (6-0) bo Ordinance No. 31329, on second reading, authorizing relocation, vacation, and dedication of certain public utility easements at two separate shopping centers located in the City of Roanoke, upon certain terms and conditions. Adopted Ordinance No. 31329-020893. (6-0) Ordinance No. 31330, on second reading, authorizing the granting of an easement to C & P Telephone Company across property located at Westside Elementary School, upon certain terms and conditions. Adopted Ordinance No. 31330-020893. (6-0) Ordinance No. 3133 i, on second reading, authorizing and directing the proper City officials to enter into a lease between the City, the School Board of the City of Roanoke and the Young Men's Christian Association of Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon certain terms and conditions. Adopted Ordinance No. 31331-020893. (6-0) eo Ordinance No. 31332, on second reading, authorizing the abandonment of a certain 10' wide public utility easement located on property owned by Gary W. and Scarlet L. Fitzgerald, upon certain terms and conditions. Adopted Ordinance No. 31332-020893. (6-0) 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Council Member Harvey requested that the City Manager report to Council with regard to the City rendering assistance to Roanoke City residents who have lost their jobs, or are about to lose their jobs, through: (1) tuition payment assistance for those persons returning to school; (2) involvement of the local business community in which they would supply job listings; (3) establishment of a "hot line" for use by persons who have or are about to lose their job; and 7 (4) investigation of Federal and/or State programs to provide funding assistance. A communication from the Honorable Roy B. Willett, on behalf of the five Judges of Roanoke's Twenty-third Judicial Circuit Court, with regard to overcrowding at the Roanoke City Jail, and supporting Council, the Sheriff and the City Administration in efforts to address the crisis quickly and effectively, was received and filed. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HF. ARlNGS OF CITIZF. NS: Ms. Rose Harrison, representing the Plowshare Peace and Justice Center, requested that Friday, February 12, 1993, be declared a day for democracy, reconciliation and peace for Haiti, and in the case of continued repression in Haiti, that the City of Roanoke be designated as a sanct, ary city for the people who are forced to flee. The Mayor noted that it is Council's policy not to become involved in national issues; whereupon, he advised that the remarks of Ms. Harrison would be received and filed, and the Mayor's Office would be wilIing to consider the issuance of a proclamation. CERTIFICATION OF EXECUTIVE SESSION. (6-0) MARY F. PARKER C~ty Clerk, CMC/AAE CITY OF ROANOKF OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (70~) 981-2541 February 12, 1993 SANDRA H. EAKIN I~puty City Clerk File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: On Monday, February 8, 1993, a public hearing was held by the Council of the City of Roanoke on the request of District Investigation, Inc., that conditions approved pursuant to Ordinance No. 28168 rezoning a tract of land located on Sanford Avenue, S. W., designated as Official Tax No. 1271014, be amended; and that a tract of land designated as Official Tax No. 1271013, be rezoned from RM-1, Residential Multi- Family, Low Density District, to C-2, General Commercial District. On motion, duly seconded and adopted, the matter was referred back to the City Planning Commission, with involvement of the City Attorney, to determine if a mutually satisfactory agreement can be reached between the City and the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: Mr. Bai'ry M. Tatel, Attorney, Key and Tatel, P. O. Box 1625, Roanoke, Virginia 24008 Mr. James G. Walthall and Ms. Lee A. Henry, 3870 Etzler Road, Troutville, Virginia 24175 Mr. Leo N. Lampros, 2114 Colonial Avenue, S. W., Roanoke, Virginia 24015 Frank Bova Realty, Inc., P. O. Box 7777, Roanoke, Virginia 24019 Ms. Ann N. Dixon, 2831 Wilton Road, S. W., Roanoke, Virginia 24014 Commonwealth of Virginia Department of Transportation, 1401 E. Broad Street, Richmond, Virginia 23219 MI'. W. Robei't Hei'bert, City Manager Mr. Wilbui'n C. Dibling, Ji'., City Attorney '93 J N15 P3:21 Roanoke City Planning Commission February 8, 1993 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from District Investigation, Inc., represented by Barry M. Tatel, attorney, that conditions approved pursuant to Ord. No. 28168 rezoning the tract of land described as Official Tax No. 1271014 and located on Sanford Avenue, S.W., be amended; and that a tract of land designated as Official Tax No. 1271013, be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District. I. Back,round: PurDose of the rezoning request is twofold: (1) to remove the previously imposed proffered conditions on the subject property (tax no. 1271014) restricting the use to a beauty shop and the signage to that allowed under the C-i, Office District zoning classification; and (2) to place an adjoining residual tract of right-of-way, (tax no. 1271013) now under private ownership, within the same zoning district classification as the subject property. Be Differences in the C-l, Office District and the C-2, General Commercial District include: 1. Uses: The C-1 district is intended to preserve the residential character of an area while allowing limited commercial uses (offices and business services) in new or existing structures; be the C-2 district is intended to provide the active retail sale of goods and services to the local and regional markets. Roam 355 Municipal Building 215 Church Avenue, S%X P,~anoke, Virginia 24011 (703) 98t 2344 Members of Council Page 2 2. Siqnaqe: The C-1 district allows only one (1) free standing (pole), illuminated sign with a total sign surface area up to fifteen (15) square feet; b. the C-2 district allows up to two (2) free standing (pole), illuminated signs with a total sign surface area of one hundred and fifty (150) square feet. Petition to rezone was filed on August 19, 1992· First amended petition to rezone was filed on October 16, 1992. The following conditions were proffered by the petitioner: That the existing developed property will be used for an electronics security service and/or other similar companies such as an insurance company, a brokerage firm or other professional offices. That the signage permitted on the subject property will be that allowed in the C-2, General Commercial District zoning classification. For the rezoning of said parcel no. 1271013 that a subdivision plat will be prepared in accordance with the City of Roanoke subdivision regulations combining both properties and will be duly recorded by said petitioner within six (6) months of the effective date of the ordinance rezoning said property. Primary tract (tax no. 1271014) was conditionally rezoned by City Council on April 21, 1986. At the March 5, 1986, Planning Commission meeting, two major concerns were addressed: (1) the potential for unrestricted C-2, commercial uses along Wonju Street; and (2) the resulting signage that would be visible along Wonju Street and from Route 220 (Webber Expressway). Ultimately, the Commission recommended approval of the requested rezoning to C-2 to allow for a proposed beauty shop with the restriction that anything on the outside of the building would be restricted to that permitted in the C-1 district and that signage would be restricted to that permitted in the C-1 district. Members of Council Page 3 II. Current Situation: ae Petitioner erected a free-standing pole sign on the primary tract (1271014) in violation of the original proffered condition. Planninq Commission Dublic hearing was held on Wednesday, December 2, 1992. Mr. Barry Tatel, attorney, appeared before the Commission on behalf of the petitioner. Mr. Tatel explained that the property District Investigations was using had been rezoned to C-2 with conditions that were unknown to District Investigations when they purchased the property. Mrs. Dorsey gave the staff report. She said that staff could support the amendment of the proffered condition to change the use, but did not support the request to delete the proffered condition restricting $ignage placed on the property. Mrs. Dorsey stated that deletion of the proffer restricting the use would allow the current electronics security services to continue; she further stated that staff was recommending that the previous proffer pertaining to the signage on the property be retained and imposed on the adjoining tract (tax no. 1271013) as well. Mrs. Dorsey noted that the Commission had received nine letters in opposition to the rezoning request primarily due to the signage on the property. No one from the audience appeared before the Commission to speak in favor or in opposition to the request. Mr. Bradshaw discussed his recollections of the previous rezoning for the beauty shop. He noted that since the 1986 rezoning, he had seen no change in the neighborhood, but had seen an enhancement of Wonju Street into a boulevard. He said he was sympathetic to Mr. Tatel's request, but felt that the restrictions on signage should remain on the property. Mr. Bradshaw suggested that the Commission act on the request as two separate parcels. He made a motion to accept the change in usage only of the primary parcel of land and to include amended proffer as stated. The motion was seconded by Mr. Sowers and approved 4-0. Mr. Bradshaw said he thought the owner had to be counseled on the adjoining tract as to whether he wanted to make it match or leave it as it was. Members of Council Page 4 III. Mr. Tatel said that his client was asking for the residual tract to be rezoned C-2 with C-2 signage. Mr. Bradshaw moved that the Commission turn down the request as presented. The motion was seconded by Mr. Sowers and approved 4-0. Ce Second amended petition was filed on December 14, 1992, to reflect the revision of proffer No. 1 made during the Planning Commission meeting. The following conditions were proffered by the petitioner: That the existing developed property will be used for an electronics security service or other professional offices. That the signage permitted on the subject property will be that allowed in the C-2, General Commercial District Zoning classification. For the rezening of said parcel no. 1271013 that a subdivision plat will be prepared in accordance with the City of Roanoke subdivision regulations combining both properties and will be duly recorded by said petitioner within six (6) months of the effective date of the ordinance rezoning said property. Issues: Zoning of the primary tract (tax no. 1271014) is conditional C-2, General Commercial District, and on the secondary tract (tax no. 1271013, a residual piece of right-of-way) is RM-1, Residential Multifamily, Low Density District. The zoning pattern in the area is as follows: to the north and east is a mixture of RM-1, Residential Multifamily District, C-i, Office District, and C-2, General Commercial District; and to the south and west is RM-1, Residential Multifamily District. Land use of the primary tract (tax no. 1271014) is an electronics security service business and the secondary tract (tax no. 1271013) is a strip of vacant land. Surrounding land uses in the area are a mixture of office, bank and retail commercial uses. The subject properties abut Wonju Street to the west and Sanford Avenue and Webber Expressway to the south. Tra_~ortation issues such as access and traffic generation by the existing and/or proposed use of the subject property would not be an issue. The City Traffic Members of Council Page 5 Engineer has stated that given the proposed continuance of the existing use of the site, no traffic impacts are anticipated. Utilities are available and of adequate capacity to serve the. existing use of the property and would not be an 1ssue. Neiahborhood oraanization does not exist for this particular area. The Office of Community Planning has received correspondence (attached) from the President of Valley Beautiful and eight (8) citizens opposing the rezoning primarily due to the elimination of the existing proffer restricting the signage permitted on the property. F. ComDrehensive Plan recommends that: Control the spread of strip commercial development along major traffic arterials by providing compact clusters of commercial uses in appropriate locations. Locate commercial establishments in relation to the street system in such a way as to maximize accessibility and minimize congestion. IV. Alternatives: City Council approve recommendation: the Planninq Co~,u~ission'~ Zoninq of the primary tract of land (tax no. 1271014) would remain conditional, C-2, General Commercial District, with the following conditions imposed: the use of the property would be the existing electronic security service or other professional offices; the signage would be that allowed under the C- 1 zoning; c. retain all other existing proffers. Zoning of the secondary tract (residual strip of right-of-way, tax no. 1271013) would remain unconditional, RM-1, Residential Multifamily, Low Density District. Petitioner would have the option to refile a petition to rezone this parcel and Members of Council Page 6 proffer that the use of the property would be the same as the primary tract and that signage will be that permitted in the C-i, Office District. Land use of the primary tract (tax no. 1271014) would be the current use, an electronics security service business with the possibility of changing to a professional office use. The residual tract of right-of-way (tax no. 1271013) would remain vacant, undeveloped. Trans ortation and traffic issues would pose no major concerns since the use of the primary tract (tax no. 1271014) would remain the same and the secondary tract (tax no. 1271013) would remain vacant, undeveloped. 4. Utilitie~s would be unaffected. Nei hborhood would be unaffected by the continuance of the existing electronics security service business and the visual quality of this particular area will be enhanced by the removal of the existing freestanding pole sign. 6. Comprehensive pian issues as set forth would be followed. City Council approve petitioner's request, to amend proffered conditions on the primary tract (tax no. 1271014) and to rezone the secondary residual strip of right-of-way (tax no. 1271013). Zoning of the primary tract (tax no. 1271014) would remain conditional, C-2, General Commercial District. The previous proffered conditions restricting the use to a beauty shop and the signage to that permitted in the C-i, Office District, would be deleted. The zoning of the secondary tract, the residual strip of right-of-way (tax no. 1271013) would become conditional, C-2, General Commercial District. The signage as allowed in the C-2 district would be permitted. Land use of the primary tract (tax no. 1271014) would be the current use, a security service business, with the possibility of changing to professional offices as per the proffered use condition. Land use of the secondary tract, the residual strip of right-of-way (tax no. 1271013) Members of Page 7 Council would become a part of the primary tract through the proffered combination of the two lots. Tran~ and traffic issues pose no major concerns since no new curb cuts would be required and traffic generation from the subject properties would be similar to that currently generated by surrounding uses in the C-1 and C-2 districts. 4. Utilities would be unaffected. Ne_~_q_hborhoo~ would be unaffected by the proposed continuance of the existing electronics security service business, but the visual quality of this particular area (Wonju Street and Colonial Avenue) would be affected and could set a precedent for future rezoning requests to permit additional C-2 signage. 6. Comprehensive Plan issues as set forth could be followed at a later date. City Council deny the request to amend proffered conditions on the primary tract (tax no. 1271014) and the request to rezone the secondary tract (tax no. 1271013). Zoning of the primary tract (tax no. 1271014) would remain conditional, C-2, General Commercial District. The existing nonconforming use of the primary tract as an electronics security service business would have to be discontinued and the existing signage would have to be removed. Zoning of the secondary tract, the residual strip of right-of-way (tax no 1271013) would remain RM-1, Residential Multifamily, Low Density District. Land use of the primary tract (tax no. 1271014) would become vacant and could be used only for a beauty shop. The land use of the secondary tract (tax no. 1271013) would remain vacant. 3. Utilities would be unaffected. 4. Trans_~ortatioR concerns would not be an issue. Ne_~borhood would be unaffected by the addition of another vacant commercial building in the area. The removal of the nonconforming free-standing pole sign would bring the property into conformance with the signage allowed on the adjoining properties in the area. Members of Council Page 8 Comprehensive Plan issues as set forth could be followed at a later date. Recommendation: The Planning Commission, by a vote of 4-0 (Messrs. Price and Ferguson and Mrs. Coles absent) recommended approval of Alternative A. The Planning Commission's recommendation, with respect to the requested use of official Tax No. 1271014 was based on the determination by the Commission that an electronics security service and professional offices were appropriate uses for this location but that signage should continue to be restricted to that permitted in the C-1 zone. The Commission's recommendation with respect to the petitioner's request to rezone Official Tax No. 1271013 was based on the finding that unrestricted C-2 use of this property was inappropriate and that the visual quality of this particular area, Wonju Street, Colonial Avenue and the Webber Expressway, should continue to be protected. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission CAP:EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner TELECOPIER (703) 345-9675 FIRST STREETpAToHIgHLANDBoX 1(~5 AVENUE. Sm~ ~E~ 30 /~1{} ")6 December 29, 1992 VINTON OFFICE 119W LEEAVENUE (703) 982.709G 92-0113 Mary F. Parker, City Clerk City of Roanoke Municipal Building Room 456 215 Church Avenue, S.W. Roanoke, Virginia 24011 IN RE: REQUEST OF DISTRICT INVESTIGATIONS INCORPORATED Dear Ms. Parker: Please be advised that due to the fact that our client is out of the country, we will be unable to attend the first reading by the City Council scheduled for January 11, 1993 at 7:30 p.m. We hereby request that this matter be continued for the next date of February 8, 1993. Thanking you for your attention to this matter, I remain Very truly yours, KEY AND TATEL Barry M. Tatel BMT/ps cc: District Investigations Incorporated Steven J. Talevi, Esquire TELECOPlER (705) LAW OFFICES FIRST STREET AT HIGHLAND AVENUE, S W P 0 BOX 1625 December 14, 1992 HAND DELIVERED 92-0113 City Of Roanoke Municipal Building Room 355 215 Church Avenue, S.W. Roanoke, Virginia 24011 Attention: Evelyn Dorsey IN RE: REZONING REQUEST OF DISTRICT INVESTIGATIONS INCORPORATED Dear Ms. Dorsey: Pursuant to your r~quest made this morning, enclosed is the referenced corporation's Second Amended Petition to Rezone and change Proffered Rezoning Conditions. If you have any questions, please do not hesitate to contact me. Very truly yours, KEY AND TATEL BMT/ps Enclosure VIRGINIA: IN RE: L'J T'F IN THE COUNCIL OF THE CITY OF ROANOKE '92 DEC l4 Rezonlng of two tracts of land lying in the City of Roanoke: The first tract at 2311Sanford Ave., S.W. to amend the conditions on such tract; and to rezone the tract known as Official Tax Number 1271013 from RM-1, Residential Multifamlly District, to C-2, General Commercial District, subject to certain conditions SECOND AMENDED PETITION TO REZONE AND TO CHANGE PROFERRED REZONING CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. By Ordinance No. 28168, adopted by this Council on May 27, lg86, one of the parcels of property which is the subject of this Petition identified as Official Tax No. 1271014 was rezoned from C-1, Office and Institutional District to C-2 General Commercial District, subject to certain conditions )roffered by the then petitioner, Dorothy M. Ferguson. A copy of that ordinance is attached hereto as Exhibit A. 2. The petitioner, District Investigation, Inc., owner of 2311Sanford Avenue, Official Tax Number 1271014 and Official Tax Number 1271013, does hereby submit a request to amend previous proffered conditions on Official Tax Number 1271014 and to rezone Official Tax 1271013. The Tract with Official Tax Number 1271014 is currently zoned C-2, General Commercial District, and Official Tax Number 1271013 is currently zoned RM-1, Residential Multifamily District. A map of the property to be rezoned is attached is Exhibit B. 3. Pursuant to Articles VII and VIII of Chapter 36, Code of the City of Roanoke (lg7g), as amended, the petitioner requests that Official Tax Number 1271014 remain zoned as C-2, but to have the conditions previously imposed on that property amended. The conditions previously placed on Tax Number 1271014, as set forth in Exhibit C, were that such property would be used for a beauty shop and any signs placed on the property would be in compliance with C-1 zoning district. The petitioner requests that Official Tax Number 1271014 be amended so as to allow the petitioner, who is currently using the property under the trade name of State Security Systems to continue to operate there and that said conditions be a~ended to as to allow C-2 signage and so that the property in the future may be used for other similar companies such as an insurance company, brokerage firm, professional office and/or similar uses. 4. That subsequent to the adoption of said Ordinance No. 28168, the petitioner has concluded that its existing use of the developed property is prohibited by the current conditions and such conditions were not known to the petitioner at the time of purchase. Accordingly, the petitioner wishes to amend the present {1986) zoning conditions by proffering the following conditions: ~) That the existing developed property will be used for an electronics security service or other professional offices. b) That the stgnage permitted on the subject property will be that allowed in the C-2, General Cormnercial District Zoning classification. c) For the rezoning of said parcel No. 1271013 that a subdivision plat will be prepared in accordance with the City of Roanoke Subdivision Regulations combining both properties and will be duly recorded by said petitioner within six {6) months of the effective date of the ordinance rezoning said property. 5. The petitioner further requests pursuant to the aforesaid articles ' of the Code of the City of Roanoke that Official Tax Number 1271013 be rezoned from RM-1, Residential Multlfamlly District to C-2, General Corrmercial District, and in furtherance of said request states that said property would be used for the operation of the business known as State Security Systems and such rezonlng would allow for the use of the property by State Security Systems or other professional offices. 6. The petitioner believes that the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, and will allow an acceptable alternative use of the property. 7. Attached as Exhibit D are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above-described tracts be rezoned as requested in accordance with the provisions of the zoning ordinances of the City of Roanoke. Barry M. Tatel, Esquire KEY AND TATEL Post Office Box 1625 Roanoke, Virginia 24008 (703)982-0007 Counsel for Petitioner Respectfully submitted, DISTRICT INVESTIGATION, INC. - ~ Of Counsem IN THE COUNCIL OF -...~ C!TY OF ROA_NOK~F., VIRGINIA, The 27~h day of May, 1986, No. 28168. AN ORDINANCE amending Ordinance No. 28088, adopted April 21, [986, rszofling certain property within the City, subject to certain condi- tions proffered by the applicants~ and providing for an emergency. WHEREAS, on April 21, 1986, Council adopted Ordinance No. 28088, rezoning two parcels located at 2302 Colonial AVenue, S. W., and 2311 Sandford Avenue, S. W., designated on Sheet No. 127 of the Sectional 1976 Zone Map as Official Tax Nos. 1271006 and 1271014. respectively. subject to certain conditions proffered by the applicants; and WHEREA~, Ordinance No. 28098 incorrectly refers to the parcel at 2302 Colonial Avenue. S. W., as bearing Official Tax No. 1271008, since this erroneous nualbe~ was used .in the applicants' petition and all subsequent documents in connection with the rezoning. THrEEFOld, BE IT OP,~AINED by the Council of the City of Roanoke that: 1. O~dinance No. 2B088 be and it ia hereby amended and reordained to change the incort, aet reference to what should be Official Tax No. 1271006 so that the final paragraph of said ordinance will read and provide aa fo'llowa: "Property deect'ibad aa two pa~-cels located at 2302 Colonial Avenue. S. W.. and 2311 Sanfol. d Avenue. S. W.. designated on Sheet No. 121 of the Sectional 1976 Zone l~ap. City of Roanoke. as Official Tax Nos. 1271006 and 1271014. l'eapactively, be. and ia hez. eby rezoned from C-l. Office and Institutional District, to C-2, General Commercial Dis- trict, subject to those conditions proffered by and set forth in the applicants' petition, as filed with the City Clerk on February 1986, and as amended by an Amended Petition dated March 11, 1986, filed with the City Clerk on March 12, 1986, and that Sheet No. of the Zone Map be changed in this respect." 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. £×H~IT ~ Iml Iii RE: EXHIBIT C CITY '86 1Z IN THE COUNCIL OF THE CITY OF ROANOKE Commercial District, subject to Detrain ¢onaltions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF ROANOKE: THE CITY OF I. The petitioners, Colonial Avenue Associates, owners of 2302 Colonial Avenue (Official Tax NO. I271008), and Dorothy M. Ferguion, who has a contract to purchase approximately .17 acres, located at 231I ~anford Avenue, ~W (Official Tax No. 127101~), currently zoned C-l, Office L Institutional District. A map of the properties to be rezoned is attached as Exhibit A. 2. Pursuant to Articles VII of the City of Roanoke (1979). as request that the said property ~e and VIII of Chapter 36, Code amended, the petitioners rezoned from C-I, Office & Institutional District, to C-2, General Commercial District. for the purposes cf extendlni an existing C-2 District Boundar%, anO operatinI a beauty shop on Tax NO. I2710~. 3. The petitioners believe that the rszonlng of the ~r&o~ of land will further the intent and purposes of the City's Zontni Ordinance &nd its comprehensive plan, and will allow an acceptable, alternative use of the property. ~,' The conditions: EXHI8IT C petitioners hereby Proffer and a~ree that if the rezoned as requested, that will De and that the petitioners wll~ the rSzonin~ a~1de by the a. The property at 2311 reached, will be used only for the purpose operatin~ a beauty ShOp, and Property at 2302 Colonial Avenue, ~U, will ~e used only for Office and Institutional purpcles. b. The outside of the structure at 23~1Sanfor~ Avenue, ~, will rem&in as it is now, and the p&rk/n~' lot will (see Exhibit the owner or ~wners of all to or immediately across a re,cried. lots or property immediately WHEREFORE, the petitioners request that the aDore- described tract be rezoned as requested in accordance with the provisions o~ the Zonin~ Ordinance of the C/ty of Roanoke. Respectfully submitted, 4566 GlrJra Orive~ S. W. Roanoke, Virginia 2¢018 RE: IN THE COUNCIL OF THE CITY OF ROANOKE Rezonlni of a tract of land lyin~ Colonial Avenue, SW, and 2311 Sanford Avenue. SW, from C-l, Office & Institutional District, to C-2, General Commercial district, subject to certain conditions. Ammended Petition March ~, TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE:' petition to The petitioners hereby amend Section ~ of their include the followini condition: Outside si~na~e a.~d other outside activities and uses shall mee~ the requirements of the C-1 zone and signs permitted in conjunction with the proposed beauty shop a~ 2311 ~anford Avenue, S, W, shall be adjacent to ~an~c£d Avenud. EXHIBIT "D" NN~ES AND ADDRESSES FOR REZONING ON SANFORD AVE., S.W. James Glenn Walthall and Lee Ann Henry 3870 Etzler Troutvllle, VA 24175 Official Tax No. 1271015 Leo N. Lampros 2114 Colonial Ave., S.W. Roanoke, VA 24015 Official Tax No. 1271016 Frank Bova Realty, Inc. P. O. Box 7777 Roanoke, VA 24019 Official Tax No. 1271006 e Con~onwealth of Virginia Department of Transportation 1401 East Broad St. Richmond, VA 23219 IAN~KF I)liOI)OSl:' t I I I / / L .I) ~OLoHI~L RI- ZONING, I I I. . ~' I I I / / I I q LLEp 4UTI 310 FIRST STREET. SW ROANOKE, VIRGINIA 24011 October 29, 1992 Mr. Charles A. Price, Jr., Chairman Roanoke City Planning Commission 215 Church Avenue Municipal Building, Room 355 Roanoke, Virginia 24011 Dear Mr. Price: At a meeting held on October 20, 1992, the Board of Valley Beautiful adopted a resolution opposing the request of State Security Corporation to change the zoning of the company's land to C-2 which would allow this company to retain the illegal sign erected near the intersection of Colonial Avenue and Wonju Street. Over the years V~lley Beautiful has made both time and financial commitments toward beautification efforts all around the Roanoke Valley. One of the loveliest entrances to the City of Roanoke is the exit from 1-581 which leads onto Wonju Street. Valley Beautiful has donated money to assist with the plantings there and strongly supports the limitation of commercial signs in this area. Allowing the non-conforming sign to remain would impose visual blight in this attractive setting and would set an unfortunate pre- cedent for the future. We urge you to enforce the sign control ordinance and to demand that the sign be removed. Sincerely, ce, President rt NOV CITy OF ROAN, OFFIC E OF COM~fUNITY PLANNING October 25, 1992 Mr. Charles A. Price, Jr., Chairman Roanoke City Planning Commission c/o Mr. John Marles 215 Church Ave. Municipal Building - Room 215 Roanoke, VA 24011 Dear Mr. Price: I was dismayed when I first saw the large blue sign which was erected on Wonju Street, and even more dismayed to learn that it had been erected without a proper permit. With the lovely plantings done by the city Wonju Street has become a visual delight for both citizens and visitors to our city. Those of us interested in retaining the natural beauty of the Roanoke Valley and enhancing that beauty must therefore speak out when we see encroachments on that special asset of the Valley. I understand that the ~lanning Commission will be hearing a request from the owner of the sign, the State Security Company, to change the zoning of the land which would allow the sign to remain. I urge you and the other members of the Planning Commission to reject this request and to demand that the sign be removed. It is a glaring example of visual pollution, and the company's decision to erect the sign illegally is an affront to orderly legal process in this city. Thank you for your consideration in this matter. ~c~R. Ellett ~tr. Charles A. l~ice, Jr., Chairaan Roanoke City Plaaning Coaaission c/o ~r. John ~arlea 21~ Church Ave. ~unicipal ~uilding . Ro~ ~to~noke, VA 24011 Z hope that I -= not too late to register ny opposition to the X~quea% i~oa State Se~lty to ~e the~ ~o~ ~ ~oa~ ~ Col~ to Z ~ge ~u not to ~1~ thta a~ ~a o~e ~ ~ f~ a~-~ee en~a ~ ~ city, not to ~ntt~ t~ fact t~t It ~ ~ec~ ~y. SiaCerely, Dr. w~d ~ra. Cha~lel Z. Loftin Noveaher 4, 1992 A(~ NU~1,$tit - 12100321 PU~LIS~bR' S FEE [!ARRY M T¢kl-EL 925 FIRST ~T ,,:cT P U i~OX 1525 R t),5.' NOK E V~ CiTY ',~i "' CE '93 FEB -8 P3:16 STATE [')F VIP,,'$i,NI,C CITY ~J[-: ROANOKE AFFIOAV[T OF PUcLICATI )N I, (THE !;NOEESIGNED) $~N AUTHORIZED REPR[SENI-ATIVE OF Tile TIMES-WORLD COR- PQRATIQ~ WdICit CORPORATION IS PUbLISMER OF THE: ROANE}KE TIMES g WURLD-NEWS, A DAILY NEWSPAPL'? F'UJLISHEO iN ROAH(]KE~ Iii THE SFATE UF Vl~<o~'~I~ DO CERTIFY THAT THE ~NNEX~D N(1TIC~ ~FS PUBLISHED IN SAID NENSPAPERS L~ I ~ FOLL]~I,~G DATES 01/22/9.3 H.,,= ,I. ,, 01/29/v ½ ML'!RNigG WITNESS, THIS ~iST DaY OF FEBRUARY 1993 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, January 11, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of amending conditions proffered on the rezoning of a parcel of land located at 2311 Sanford Avenue, S.W., known as Lot 14, Block 1, Map of Colonial Heights, and bearing Official Tax No. 1271014, and on the question of rezoning from RM-1, Residential Multi-family District, to C-2, General Commercial District, the following property: A tract of land located at 2311 Sanford Avenue, S.W., known as Lot 13, Block 1, Map of Colonial Heights, and bearing Official Tax No. 1271013, 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 22nd day of December , 19 92 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, December 25, 1992, and once on Friday, January 1, 1993, in the Roanoke Times and World-News. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Barry M. Tatel, Esq. Key and Tatel P. O. Box 1625 Roanoke, Virginia 24008 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 17, 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 Barry M. Tare1, Attorney, representing District Investigation, Inc., requesting the rezoning of two tracts of land lying in the City of Roanoke; viz: a tract of land located at 2311 Sanford Avenue, S. W., in order to amend the proffered conditions on said tract; and a tract of land described as Official Tax No. 1271013, from RM-1, Residential Multi-family District, Low Density District, to C-2, General Commercial District. t"'~x ~~5~'sincerely , f~ Mary F. Parker, CMC/AAE City Clerk MFP: sw r/district Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Barry M. Tatel, Attorney, Key and Tatel, P. O. Box 1625, Roanoke, Virginia 24008 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administretor Mr. Steven J. Talevi, Assistant City Attorney TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE REZONING REQUEST OF: ~2 N0V 24 Request from District Investigation, Inc., represented by Barry M. Tatel, Attorney, that conditions approved pursuant to Ord. No. 28168 rezoning the tract of land described as Official Tax No. 1271014, and located on Sanford Avenue, S.W., be amended, and that a tract of land designated as Official Tax No. 1271013 be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District. COMMONWEALTH OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) A9:21 AFFI DAVIT 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 23rd day of November, 1992, notices of a public hearing to be held on the 2nd day of December, 1992, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1271015 Owner, Aqent or Occupant James Glenn Walthall Lee Ann Henry Address 3870 Etzler Road Troutville, 24175 VA 1271016 Leo N. Lampros 2114 Colonial Avenue Roanoke, VA 24015 1271006 Frank Bova Realty, Inc. P.O.Bo× 7777 Roanoke, VA 24019 Commonwealth of VA VDOT 1401 E. Broad Street Richmond, VA 23219 Mart(ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of November, 1992. Notary My Commission Expires: 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 District Investigation, Inc., represented by Barry M. Tatel, attorney, that conditions approved pursuant to Ord. No. 28168 rezoning the tract of land described as Official Tax No. 1271014, and located on Sanford Avenue, S.W., be amended; and that a tract of land designated as Official Tax No. 1271013, be rezoned from RM-1, Residential Multifamily, Low Density District to C-2, General Commercial District. 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: Barry M. Tatel, Esq. KEY AND TATEL P. O. Box 1625 Roanoke, VA 24008 (703) 982-0007 CITY TO TH~. ~I~¥ CL~RK O~ TIlE CITY O~ ROANOXR, ~IRGINIA PERTAINING TO THE REZONING REQUEST OF: '92 00'[ 27 AIl :28 Request from District Investigation, Inc., represented by Barry M. Tatel, Attorney, that conditions approved pursuant to Ord. No. 28168 rezoning the tract of land described as Official Tax No. 1271014, and located on Sanford Avenue, S.W., be amended, and that a tract of land designated as Official Tax No. 1271013 be rezoned from RM-1, Residential Multifamily, Low Density District, to C-2, General Commercial District. COMMONWEALTH OF VIRGINIA) ) TO-WIT: CITY OF ROANOKE ) .AFFI DAVIT 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 1271015 1271016 1271006 James Glenn Walthall Lee Ann Henry Leo N. Lampros Frank Bova Realty, Inc. Commonwealth of VA VDOT Address 3870 Etzler Road Troutville, VA 24175 2114 Colonial Avenue Roanoke, VA 24015 P. O.Box 7777 Roanoke, VA 24019 1401 E. Broad Street Richmond, VA 23219 M~r~h~ 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 Church Avenue, $.W., Room 456 Roanoke, Virginia 2,;011 Telephone: (703) 981-254t SANDRA H. EAKIN Deputy City Clerk October 19, 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 an amended petition from Barry M. Tatel, Attorney, representing District Investigation, Inc., requesting that a tract of land described as Official Tax No. 1271013, be rezoned from RM-1, Residential Multi-family District, to C-2, General Commercial District. The petition further requests an amendment to the conditions for rezoning of a tract of land located at 2311 Sanford Avenue, S. W., described as Official Tax No. 1271014 which is currently zoned C-2, General Commercial District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw r/district Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mr. Barry M. Tatel, Attorney, Key and Tatel, P. O. Box 1625, Roanoke, Virginia 24008 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE C]~ OF ROA~NOK,E IN RE: Rezoning of two tracts of land lying n the City of Roanoke: The first tract at 2311Sanford Ave., S.W. to amend the conditions on such tract; and to rezone the tract known as Official Tax Number 1271013 from RM-1, Residential Multifamily District, to C-2, General Commercial District, subject to certain conditions FIRST AMENDED PETITION TO REZONE AND TO CHANGE PROFERRED REZONING CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. By Ordinance No. 28168, adopted by this Council on May 27, 1986, one of the parcels of property which is the subject of this Petition identified as Official Tax No. 1271014 was rezoned from C-1, Office and Institutional District to C-2 General Commercial District, subject to certain conditions )roffered by the then petitioner, Dorothy M. Ferguson. A copy of that ordinance is attached hereto as Exhibit A. 2. The petitioner, District Investigation, Inc., owner of 2311Sanford Avenue, Official Tax Number 1271D14 and Official Tax Number 1271013, does hereby submit a request to amend previous proffered conditions on Official Tax Number 1271014 and to rezone Official Tax 1271013. The Tract with Official Tax Number 1271014 is currently zoned C-2, General Commercial District, and Official Tax Number 1271013 is currently zoned RM-1, Residential Multifamily District. A map of the property to be rezoned is attached is Exhibit B. 3. Pursuant to Articles VII and VIII of Chapter 36, Code of the City of Roanoke {1979), as amended, the petitioner requests that Official Tax Number 1271014 remain zoned as C-2, but to have the conditions previously imposed on that property amended. The conditions previously placed on Tax Number 1271014, as set forth in Exhibit C, were that such property would be used for a beauty shop and any signs placed on the property would be in compliance with C-1 zoning district. The petitioner requests that Official Tax Number 1271014 be amended so as to allow the petitioner, who is currently using the property under the trade name of State Security Systems to continue to operate there and that said conditions be amended to as to allow C-2 signage and so that the property in the future may be used for other similar companies such as an insurance company, brokerage firm, professional office and/or similar uses. 4. That subsequent to the adoption of said Ordinance No. 28168, the petitioner has concluded that its existing use of the developed property is prohibited by the current conditions and such conditions were not known to the oetitioner at the time of purchase. Accordingly, the petitioner wishes to amend the present {1986) zoning conditions by proffering the following conditions: a) That the existing developed property will be used for an electronics security service and/or other similar companies such as an insurance company, a brokerage firm or other professional offices. b) That the signage permitted on the subject property will be that allowed in the C-2, General Commercial District Zoning classification. c) For the rezoning of said parcel No. 1271013 that a subdivision plat will be prepared in accordance with the City of Roanoke Subdivision Regulations combining both properties and will be duly recorded by said petitioner within six {6) months of the effective date of the ordinance rezoning said property. 5. The petitioner further requests pursuant to the aforesaid articles of the Code of the City of Roanoke that Official Tax Number 1271013 be rezoned from RM-1, Residential Multifamily District to C-2, General Commercial District, and in furtherance of said request states that said property would be used for the operation of the business known as State Security Systems and such rezoning would allow for the use of the property by State Security Systems and/or any similar uses such as an insurance company, brokerage firm or professional The petitioner believes that the rezoning of said tract of land the intent and purposes of the City's Zoning Ordinance and its plan, and will allow an acceptable alternative use of the offices. 6. will further comprehensive property. 7. Attached as Exhibit D are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above-described tracts be rezoned as requested in accordance with the provisions of the zoning ordinances of the City of Roanoke. Respectfully submitted, DISTRICT INVESTIGATION, INC. Barry M. Tatel, Esquire KEY AND TATEL Post Office Box 1625 Roanoke, Virginia 24008 {703}982-0007 Counsel for Petitioner By Counsel E×HI~IT "^' IN THE COUNCIL OF ?HE ~!T¥ OF ROANOKE, VIR(IINIA~ The 27th day of May, 1986, No. 28168. AN ORDINANCE amending Ordinance No. 28088, adopted April 21, 1986, rezoning certain property within the City, subject to certain condi- tions proffered by the applicants; and providing for an emergency. WHEREAS, on April 21, 1986, Council adopted Ordinance No. 28088, rezoning two parcels located at 2302 Colonial Avenue, S. W., and 2311 Sandford Avenue, S. W,, designated on Sheet No. 127 of the Sectional 1976 Zone Map as Official Tax Nos. 1271006 and 1271014, respectively, Subject to certain conditions proffered by the applicants; and WHEREAS, Ordinance No. 28088 incorrectly refers to the parcel at 2302 Colonial Avenue, S. W., as bearing Official Tax No. 1271008, since this erroneous numbe~ was used .in the applicants' petition and all subsequent documents in connection with the rezoning. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 28088 be and it is hereby amended and reordained to change the incorrect reference to what should be Official Tax No. 1271008 so that the final paragraph of said ordinance will read and provide as foqlows: "Property described as two parcels located at 2302 Colonial Avenue, S. W., and 2311 Sanford Avenue, S. W., designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1271006 and 1271014, respectively, be, and is hereby rezoned from C-1, Office and Institutional District, to C-2. General Commercial Dis- trict, subject to those conditions proffered by and set forth in the applicants' petition, as filed with the City Clerk on February 12. 1986, and as amended by an Amended Petition dated March 11. 1986, filed with the City Clerk on March 12. 1986. and that Sheet No. 127 of the Zone Map be changed in this respect." 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. EXHIBIT B EXHIBIT B , Ill m InN EXHIBIT C C~TY ' VIRGINIA-' '86 12 IN THE COUNCIL OF THE CiTY OF ROANOKE RE: Rezcntng ct a tract ct land lying tn the City of Roanoke at 2302 Colonial Avenue, SW, and 231L Santord Avenue, from C-i, Office L Institutional District, to C-2, General Commercial District, subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY ROANOKE: The petitioners, Colonial 2302 Colonial Avenue (Official Tax OF Avenue Associates, owners of No. l~?iO08), and Dorothy M. Ferguscn, who has a contract to purchase approximately .17 acres, located at 23il Sanfcrd Avenue, fW (Official Tax No. do hereby submit a request for ~ezoning. The said tracts currently zoned C-l, Office & Institutional District. A map of the properties to be rezoned is attached as Exhibit A. 2. Pursuant [o Articles Vll and VIII of Chapter 3E, Code of the City of Roanoke ([979), as amended, the petitioners request that the said property be rezoned from C-i, Office Institutional District, to C-2, General Commercial District, for the purposes of extending an existing C-2 District Bounda~y and operating a beauty shop on Tax No. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance &nd its comprehensive plan, and will allow an acceptable, alternative use of the property. said trot subject oondltions: EXHIBIT C 4. ' The petitioners hereby proffer and agree that if the is rezoned as requested, that the rezoning will be and that the petitioners will abide by the following a. The property at 2311Sanford Avenue, SW, as rezoned, will be used only for the purpose of operating a beauty shop, and property At 2302 Colonial Avenue, SW, will be used oniy for Office and Institutional purposes. b. The outside of the structure at 2311 Sanford Avenue, SU, will remain as it is now, and the parking lot will be at the rear of the building (see Exhibit B). Exhibit C are the names and addresses of all lots or property immediately adjacent a street or road from property to be 5. Attached as the owner or owners of to or immediately across rezoned. WHEREFORE, the ebove- the petitioners request that described tract be provisions of rezoned as requested in accordance with the Zoning Ordinance of the City Of Roanoke. Respectfully submitted, the By: , /r'! ~...~.~ .... ~ 4566 Gir,~ird Drive,- S. W. Roanoke, Virginia 24018 EXHIBIT C '86 flA,° 21 ",!' VIRGINIA: RE: IN THE COUNCIL OF THE CiTY OF ROANOKE Rezontng of a tract of land lying in the City of Roanoke at 2302 Colonial Avenue, SW, and 2311 Sanford Avenue, SW, from C-l, Office & institutional District, to C-2, General Commercial District, subject to certain conditions. Ammended Petition March il, 1986 TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioners hereby amend Section a of their petition to include the following condition: 4c. Outside signage and other outside activities and uses shall meet the requirements of the C-1 zone and signs permitted in conjunction with the proposed beauty shop at 2311 Sanford Avenue, S. W. shall be adjacent to Santo£d Avenue. Respectfully EXHIBIT "D" NAMES AND ADDRESSES FOR REZONING ON SANFORD AVE., S.W. James Glenn Walthall and Lee Ann Henry 3870 Etzler Rd. Troutville, VA 24175 Official Tax No. 1271015 em Leo N. Lampros 2114 Colonial Ave., S.W. Roanoke, VA 24015 Official Tax No. 1271016 e Frank Bova Realty, Inc. P. O. Box 7777 Roanoke, VA 24019 Official Tax No. 1271006 ® Commonwealth of Virginia Department of Transportation 1401 East Broad St. Richmond, VA 23219 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virsinia 2a011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk August 21, 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 Mr. Barry M. Tatel, Attorney, representing District Investigation, Inc., requesting that a tract of land described as Official Tax No. 1271013, be rezoned from C-l, Office and Institutional District, to C-2, General Commercial District. The petition further requests an amendment to the conditions for rezoning of a tract of land located at 2311 Sanford Avenue, S. W., described as Officiai Tax No. 1271014 which is currently zoned C-2, General Commerciai District. /-'"' ~ -~'Sincerely, ~ Mary F. Parker, CMC/AAE City Clerk MFP: sw r/district Eric. pc' The Honorable Mayor and Members of the Roanoke City Council Mr. Barry M. Tatel, Attorney, Key and Tatel, P. O. Box 1625, Roanoke, Virginia 24008 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF IN RE: Rezoning of two tracts of land lying in the City of Roanoke: The first tract at 2311Sanford Ave., S.W., to amend the conditions on such tract; and to rezone the tract known as Official Tax Number 1271013 from C-1, Office and Institutional District, to C-2, General Commercial District, subject to certain conditions THE CITY OF ROANOKE PETITION TO REZONE AND TO CHANGE PROFERRED REZONING CONDITIONS TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. By Ordinance No. 28168, adopted by this Council on May 27, 1986, one of the parcels of property which is the subject of this Petition identified as Official Tax No. 1271014 was rezoned from C-1, Office and Institutional District to C-2 General Commercial District, subject to certain conditions proffered by the then petitioner, Dorothy M. Ferguson. A copy of that ordinance is attached hereto as Exhibit A. 2. The petitioner, District Investigation, Inc., owner of 2311 Sanford Avenue, Official Tax Number 1271014 and Official Tax Number 1271013, does hereby submit a request to amend previous proffered conditions on Official Tax Number 1271014 and to rezone Official Tax Number 1271013. The Tract with Official Tax Number 1271014 is currently zoned C-2, General Commercial District, and Official Tax Number 1271013 is currently zoned C-1, Office and Institutional District. A map of the property to be rezoned is attached as Exhibit B. 3. Pursuant to Articles VII and VIII of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioner requests that Official Tax Number 1271014 remain zoned as C-2, but to have the conditions previously imposed on that property amended. The conditions previously placed on Tax Number 1271014, as set forth in Exhibit C, were that such property would be used for a beauty shop and any signs placed on the property would be in compliance with C-1 zoning district. The petitioner requests that Official Tax Number 1271014 be amended so as to allow the petitioner, who is currently using the property under the trade name of State Security Systems to continue to operate there and that said conditions be amended so as to allow C-2 signage and so that the property in the future may be used for other similar companies such as an insurance company, brokerage firm, professional office and/or similar uses. 4. That subsequent to the adoption of said Ordinance No. 28168, the petitioner has concluded that its existing use of the developed property is prohibited by the current conditions and such conditions were not known to the petitioner at the time of purchase. Accordingly, the petitioner wishes to amend the present (1986) zoning conditlons by proffering the following conditions: electronics a) That the existing developed property will be used for an security service and/or other similar companies such as an insurance company, a brokerage firm or other professional offices. b) That the signage permitted on the subject property will be that allowed in the C-2, General Commercial District Zoning classification. c) For the rezoning of said parcel No. 1271013 that a subdivision plat wil be prepared in accordance with the City of Roanoke Subdivision Regulations and duly recorded by said petitioner within six (6) months of the effective date of the ordinance rezoning said property. 5. The petitioner further requests pursuant to the aforesaid articles of the Code of the City of Roanoke that Official Tax Number 1271013 be-rezoned from C-1, Office and Institutional District to C-2, General Commercial District, and in furtherance of said request states that said property would be used for the operation of the business known as State Security System and such rezoning would allow for the use of the property by State Security System and/or any similar uses such as an insurance company, brokerage rim or professional offices. 6. The petitioner believes that the rezoning of said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, and will allow an acceptable alternative use of the property. 7. Attached as Exhibit "D" are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across the street or road from the property to be rezoned. WHEREFORE, the petitioner requests that the above-described tracts be rezoned as requested in accordance with the provisions of the zoning ordinances of the City of Roanoke. Respectfully submitted, DISTRICT INVESTIGATION, INC. Barry M. Tatel, Esq. KEY AND TATEL P. O. Box 1625 Roanoke, VA 24008 (703) 982-0007 Counsel for Petitioner EXHIBIT 'A" IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of May, 1986, No. 28168. AN ORDINANCE amending Ordinance No. 28088, adopted April 21, 1986, rezoning certain property within the City, subject to certain condi- tions proffered by the applicants; and providing for an emergency. WHEREAS, on April 21, 1986, Council adopted Ordinance No. 28088, rezoning two parcels located at 2302 Colonial Avenue, S. W., and 2311 Sandford Avenue, S. W., designated on Sheet No. 127 of the Sectional 1976 Zone Map as Official Tax Nos. 1271006 and 1271014, respectively, Subject to certain conditions proffered by the applicants; and WHEREAS, Ordinance No. 28088 incorrectly refers to the parcel at 2302 Colonial Avenue, S. W., as bearing Official Tax No. 1271008, since this erroneous numbe~ was used ,in the applicants' petition and all subsequent documents in connection with the rezoning. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. to change the incorrect 1271006 so that the final paragraph of provide as foJlows: "Property described as two parcels located at 2302 Colonial Avenue, S. W., and 2311 Sanford Avenue, S. W., designated on Sheet No. 127 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 1271006 and 1271014, respectively, be, and is hereby rezoned from C-1, 28088 be and it is hereby amended and reordained reference to what should be Official Tax No. said ordinance will read and 'Office and Institutional District. to C-2, General Commercial Dis- trict, subject to those conditions proffered by and set forth in the applicants, petition, as filed with the City Clerk on February 12, 1986, and as amended by an Amended Petition dated March 11, 1986, filed with the City Clerk on March 12, 1986, and that Sheet No. 127 of the Zone Map be changed in this respect." 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. CITY OF ROANOKE, VA. Recelved From ~(~ ~ -J .'""~"_ ~,~~) N.° 339283 -Dollars ACCOUNT AMOUNT Lg'X~ TOT^L * I./b~-, EXHIBIT B EXHIBIT B '/ ? ,' EXHIBIT C VIRGINIA: CI~I '86 12 :fil RE: IN THE COUNCIL OF THE CiTY OF ROANOKE Rezoning of a tract of land lying in the City of Roanoke at 2302 Colonial Avenue, fW, and 2312 Sanford Avenue, 9W, from C-l, Office & institutional District, to C-2, General Commercial District, subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKEz 1. The petitioners, Colonial Avenue Associates, owners of 2302 Colonial Avenue (Official Tax No. Z271008), and Dorothy M. Ferguson, who has a contract to purchase approximately .i7 acres, located at 2311Sanford Avenue, SW (Official Tax No. 127101~), do hereby submit a request for rezoning. The said tracts are currently zoned C-l, Office & Institutional District. A map cf the properties to be rezoned is attached as Exhibit A. 2. Pursuant to Articles VII and Vlli of Chapter 36, Code of the City of Roanoke (1979), as amended, the petitioners request that the said property be rezoned from C-l, Office & Institutional District, to C-2, General Commerciat District. for the purposes of extending an existing C-2 District Bounda~r~ and operating a beauty shop on Tax No. 12710l~. 3. The petitioners believe that the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance &nd its comprehensive plan, and will allow an acceptable, alternative use of the property. EXHIBIT C 4.' The petitioners hereby p~offer and agree that if the said t~a~t Is ~ezoned as requested, that the rezon~ng will be subject to, and that the petitioners will abide by the following conditions: a. The property at 2311Sanford Avenue, SW, as rezoned, will be used only for the purpose of operating a beauty shop, and property at 2302 Colonial Avenue, SW, will be used only for Office and Institutional purposes. b. The outside of the structure at 2311Sanford Avenue, SW, will remain as it is now, and the parking lot will be at the rear of the building (see Exhibit Attached as Exhibit C are the names and addresses of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from property to be rezoned. the petitioners request that the above- tract be rezoned as requested in accordance with the of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, 4566 Gfr~rd Drive~ $. W. Roanoke, Virginia 24018 WHEREFORE, described provisions · ' EXHIBIT C VIRGINIA: '86 HA? 21 ",! RE-' IN THE COUNCIL OF THE CITY OF ROANOKE Rezoning of a tract of land lyin~ ) in the City of Roanoke at 2302 ) Colonial Avenue, SW, and 2311 ) Ammended Sanfcrd Avenue. SW, from C-1, ) Petition Office & Institutional District, ) March to C-2, General Commercial ) District, subject to certain ) conditions. ) TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CiTY OF ROANOKE: The petitioners hereby amend Section 4 of their petition to include the following condition: 4c. Outside sisnage and other outside activities and uses shall meet the requirements of the C-1 zone and signs permitted in conjunction with the proposed beauty shop at 2311Sanford Avenue, S. W. shall be adj&cent to SanYord Avenue. Respectful iy submitted. C.~--~ -, By: / O ve. Roanoke, VA EXHIBIT "D" NAMES AND ADDRESSES FOR REZONING ON SANFORD AVE., S.W. James Glenn Walthall and Lee Ann Henry 3870 Etzler Rd. Troutville, VA 24175 Official Tax No. 1271015 Leo N. Lampros 2114 Colonial Ave., S.W. Roanoke, VA 24015 Official Tax No. 1271016 Frank Bova Realty, Inc. P. O. Box 7777 Roanoke, VA 24019 Official Tax No. 1271006 Commonwealth of Virginia Department of Transportation 1401 East Broad St. RichmonO, VA 23219 MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-2541 January 11, 1993 SANDRA H. EAKIN Deputy City Clerk Mr. Barry M. Tatel, Attorney Key and Tatel P. O. Box 1625 Roanoke, Virginia 24008 Dear Mr. Tatel: I am enclosing copy of an invoice from the Roanoke Times & World-News for advertising the notice of public hearing on Friday, December 25, 1992, in connection with the request of District Investigation, Inc., that two tracts of land lying in the City of Roanoke be rezoned; viz: a tract of land located at 2311 Sanford Avenue, S. W., in order to amend the proffered conditions on said tract; and a tract of land described as Official Tax No. 1271013, from RM-1, Residentiai Multi-family District, Low Density District, to C-2, General Commercial District. Please remit your check, made payable to the City of Roanoke, in the amount of $66.70, to the City Clerk's Office, Room 456, Municipal Building, 215 Church Avenue, S. W., Roanoke, Virginia 24011-1536, by Friday January 22, 1993. Sincerely, ~__.~ Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. TELECOPlER (703) 345-9675 FIRST STREETAT,, HIGH ME , . ROANOKE, VIRGINIA 240C~ (703) January 25, 1993 VINTON OFFICE 119 w. LEE AVENUE (703) 982-7095 92-0113 City of Roanoke Office of the City Clerk 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Attention: Mary F. Parker, CMC/AAE City Clerk IN RE: DISTRICT INVESTIGATION, INC. Dear Ms. Parker: Enclosed please find a check in the amount of $60.70 to cover the charge of advertising on behalf of District Investigation, Inc. BNT/ps Enclosure Very truly yours, KEY AND TATEL I)a Tatel MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia ~4011 Telephone: (70~) 9~1-2~41 SANDRA H. EAK1N Deputy City Clerk February 12, 1993 File #51 Mr. Charles A. Price, Jr., Chairperson City Planning Commission Roanoke, Virginia Dear Mr. Price: On Monday, February 8, 1993, a public hearing was held by the Council of the City of Roanoke on the request of Dr. Guy B. Merritt that property located at 2001 Memoriai Avenue, S.W., Official Tax No. 1431325, be rezoned from RM-1, Residential Multi-Family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. On motion, duly seconded and adopted, the matter was tabled and referred back to the City Planning Commission and the City Administration to determine if a mutually satisfactory agreement oan be reached between the City, the petitioner, and the Greater Raleigh Court Neighborhood Association. Sincerely, City Clerk MFP: sm pc: Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove, P. O. Box 14125, Roanoke, Virginia 24038 Dr. Guy B. Merritt, 2001 Memoriai Avenue, S. W., Roanoke, Virginia 24015 Ms. Jane E. Moses, 2005 Memorial Avenue, S. W., Roanoke, Virginia 24015 Virginia Heights Elementary School, 1210 Amherst Street, S.W. Roanoke, Virginia 24015 ' Mr. Sam Golden, et al, c/o Moore and Company, 813 Franklin Road, S. W., Suite 103, Roanoke, Virginia 24016 Trustees of Virginia Heights Baptist Church, 2014 Memorial Avenue, S. W., Roanoke, Virginia 24015 Mr. Finn D. Pincus, Chairperson, Roanoke City School Board '93 JAN20 P5:07 Roanoke Ci~/Planning Commission February 8, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Guy B. Merritt that property located at 2001 Memorial Avenue, S.W., Official Tax No. 1431325, be rezoned from RM- 1, Residential Multifamily, Low Density District to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Backro_g_~: Purpose of the rezoning request is to place an existing, legal nonconforming use into a conforming zoning district classification. B. Petition to rezone was filed on November 9, 1992. Ce First amended petition to rezone was filed on November 19, 1992. The following conditions were proffered by the petitioner: The exterior appearance of the primary structure will remain as a single family residence. That the trees and other plantings on the property will remain substantially unchanged. In addition, trees will be planted where necessary to conform to the. buffering/screening requirements of the City zoning ordinance. That any lighting on the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. 4e That the following uses shall be conducted on the property as zoned: Room 355 Municipal Building 215 Churd', Avenue, SW. Roanoke, Virginia 24011 (703) 981-2344 Members of Council Page 2 a. medical offices b. professional offices Roanoke Vision, the City's adopted comprehensive plan, encourages the revitalization or creation of compact neighborhood commercial districts and discouraaes actions which may lead to residential/commercial conflicts and "strip" commercial development. The Grandin Village area was 1 of 16 areas identified as "potential new/improved neighborhood centers" in the comprehensive plan and served as the "model" for the CN, Neighborhood Commercial District, in the zoning ordinance. Official zoninq map for this area was changed after extensive study in 1987 from C-2, General Commercial District, to CN, Neighborhood Commercial District as part of the comprehensive update to the City's zoning ordinance. The purpose of the rezoning was to preserve the existing, smaller neighborhood commercial area and to emphasize its compatibility with the adjoining residential area. The subject property, 2001 Memorial Avenue, S.W., was not included in the area recommended for rezoning. Planning Commission public hearinq was held on December 2, 1992. Dr. Merritt appeared before the Commission to present his request. Dr. Merritt noted that his office had been in operation at the same location for 35 years. He stated that if a fire occurred, he would not be able to rebuild his business. He also noted that he had a dentist that would like to move into the office with him, but was told that would not be permitted under the current status as a nonconforming use. Three residents, including Mr. Robert Turcotte (1890 Arlington Road, S.W.), president of the Greater Raleigh Court Civic League, appeared before the Commission in opposition to the requested rezoning. The following specific concerns were expressed: (1) the potential impact of the proposed rezoning on the existing and future residential stability of the block and surrounding neighborhood; and (2) the hazard to school children attending Virginia Heights Elementary School resulting from more intensive use of the existing parking area. The residents also noted that the subject property was not included in the area recommended for rezoning to CN in 1987 after extensive study and discussion between the neighborhood and the Planning staff. After extensive discussion regarding the expansion of nonconforming uses and the Zoning Administrator's Members of Council Page 3 interpretation regarding the subject property, i~the Commission voted to table the matter for 30 days and instructed staff to meet with the Commissioner of Revenue and the Zoning Administrator to discuss the matter. Second Plannina Commission public hearinq was held on January 3, 1993. Mr. Dan Layman appeared before the Commission and stated that he had been retained on behalf of Dr. Merritt and asked to represent them in the matter before the Commission. He said the dental office had been in existence for 35 years and had proved itself to be a part of the business community. He said that he had read the letter from staff to Dr. Merritt (attached) stating that a meeting had been held with the Commissioner of Revenue. Mr. Layman said he appreciated Mrs. Dorsey's attempt to solve the problem, however the agreement between the business licensing division and the zoning administrator was not a permanent solution. He said he would like to talk about precedent and consistency. He noted that he had researched the Planning Commission minutes from 1990 and had found 9 previous requests involving nonconforming uses for rezoning with conditions attached to bring them into conformity. Mr. Layman noted that it was a clear policy on the part of the Commission and the City to approve requests to change the zoning of nonconforming uses to make them conforming as long as there were sufficient conditions attached. He also said there was a second precedent he would like to mentioned and he did so by giving each Commissioner a map which depicted the commercial zoning in the area in proximity to the Merritt property. He noted that if you drove around the area, the commercial area was triangular in nature. He pointed out commercial areas on Windsor which looked residential in nature. He suggested to the Commission that if they declined the request they would be declining to put Dr. Merritt's property in exactly the same position as other properties in the triangular area. Mrs. Evelyn Dorsey gave the staff report and noted that staff had been requested by the Commission at their last meeting to contact the Commissioner of Revenue to address one of the issues brought out during that meeting. She noted that after meeting with the Commissioner of Revenue it had been agreed to issue a license to a second dentist. Mrs. Dorsey further stated that staff was repeating its recommendation for denial finding that the predominant land use and zoning on the north side of Memorial Avenue was residential. She said that staff felt that a rezoning could encourage more commercial development. Members of Council Page 4 Mr. Marlles commented that he took exception with the fact that the Commission had previously approved a certain number of nonconforming uses and set a precedent. He said that staff always maintained that rezonings should be looked at on a case-by-case basis and in this case he felt the Commission had to consider the fact that the area had been extensively studied in 1987 as part of the comprehensive rezoning. He said that Memorial Avenue had been determined to be a logical boundary line for the CN commercial area. He also noted that it had been staff's experience that once you have commercial encroachment in residential blocks along major highways it often leads to other requests. II. Mr. Robert Turcotte (President, Greater Raleigh Court Civic League) appeared before the Commission and stated that the position of the civic league was much the same as last time. He said that the civic league was a volunteer organization which had a long record of supporting businesses in appropriate locations. He said the civic league felt this as not a proper use of the property and were comfortable that the school and church continue to act as a natural boundary. He said that the civic league would like the Commission to implement the plan put forth by Mrs. Dorsey in her December 21, 1992, letter to Dr. Merritt (attached). Issues: ae Zoning of the subject property and entire block is RM-1, Residential Multifamily, Low Density District. The zoning pattern in the area is as follows: to the north, east and west is RM-1, Residential Multifamily, Low Density District, and to the south and southeast across Memorial Avenue and Grandin Road is CN, Neighborhood Commercial District. Be Land use of the subject property is currently a dentist office which has been in existence at this location for 35 years. Surrounding land uses in the area are as follows: to the north, east and southwest is predominantly single family residential; to the east is a school; to the south and southwest, across Memorial Avenue and Grandin Road, is a church and a number of neighborhood commercial uses such as a grocery store, a drug store, a service station/convenience store, restaurant, laundromat, dry cleaners, movie theater, ice cream shop, and hardware store. Access to the subject property is provided from the adjoining public streets, Memorial Avenue and Amherst Street. The City Traffic Engineer has stated that no Members of Council Page 5 traffic impacts are anticipated from the continued use of the subject property as a dentist office. NeiGhborhood organization is the Greater Raleigh Court Civic League. The Planning staff met with representatives of the neighborhood organization on Thursday, November 19, 1992, and discussed the rezoning issues and its potential impacts on the neighborhood. The Planning office received written notification from the president of the neighborhood organization on September 11, 1992, that the Greater Raleigh Court Civic League opposes the proposed expansion of the commercial district. Additional letters in opposition have been received from Roanoke City Public Schools and John R. Brooks, III (2025 Memorial Avenue, S.W.). ComDrehenslve Plan recommends that: Expansion of commercial development be carefully evaluated to ensure minimal conflict with residential areas and to promote good land use. Neighborhood character and environmental quality be protected. III. Alternatives: City 1. Council deny the rezoning request. Zoning of the subject property would remain RM-1, Residential Multifamily, Low Density District. The existing dentist office could continue to operate as a legal, nonconforming use which has been "grandfathered" from the 1966 zoning ordinance to the current (1987, as amended) ordinance provisions. Under the terms of the agreement worked out between the Zoning Administrator and Commissioner of Revenue a second dentist would be permitted to operate from the building for up to a 2-year period while the practice was being sold. Land use would remain a dentist office and the property could continue to operate as such as long as the nonconforming status provisions of the ordinance are complied with. The current ordinance also sets forth provisions whereby through application to the Board of Zoning Appeals, a nonconforming use could be chanqed to another nonconforming use if the proposed use is found to be more in keeping with the character of the Members of Council Page 6 district than that of the previous use of the property. 3e Access to and from the site would continue to be from the adjoining public streets, Memorial Avenue and Amherst Street. No traffic impacts are anticipated from the proffered continuation of the existing use or potential office use of the subject property. Neighborhood would not be impacted by the introduction of commercial zoning within a block of well established residential development. During the 1987 rezoning of the Grandin Village commercial area, several neighborhood meetings were held to discuss the impact of the pending new zoning ordinance provisions for the CN, Neighborhood Commercial District on that commercial area. As a result, the zoning lines for the new CN district were firmly established and purposely omitted the subject property from the comprehensive rezoning, due, in part, to the neighborhood concerns of promoting and/or encouraging further strip commercial development into the adjoining, established residential area. Se Comprehensive Plan issues as set forth would be followed. Be City 1. Council approv~ the rezoning request. Zoninq of the subject property would become conditional CN, Neighborhood Commercial District contrary to the existing residential zoning pattern in this portion of the neighborhood. The current use of the subject property would be conforming to the zoning district classification. e Land use would remain a dental office with the possibility of changing to some other professional office use in the future. ~ccess to and from the subject property would continue to be from the two (2) adjoining public streets, Memorial Avenue and Amherst Street. No traffic impacts are anticipated by the proposed continuation of the existing use; however, there may be some traffic issues to address if the use changed to some other professional office use in the future. Members of Council Page 7 Nei hborhood character would remain unchanged with the continuation of the existing dental office at this location. However, commercial zoning introduced into this established residential area could promote further requests for rezonings for non-residential uses in this area and decrease the desirability of the area as a residential neighborhood. 5. Comprehensive Plan would not be followed. IV. Recommendation: The Planning Commission, by a vote of 4-1 (Mr. Price absent and Mr. Ferguson voting against the motion) recommended denial of the requested rezoning finding that the predominant land use and zoning pattern in the area is residential supported by an established neighborhood commercial district. Furthermore, by denying the rezoning request, the existing residential character of the area would be preserved and an established land use and zoning pattern of the area would be maintained. Respectfully submitted, Charles A. Price, Jr., Chairman Roanoke City Planning Commission EDD:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner MARY F. PARKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 19, 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 an amended petition from Guy B. Merritt requesting that a tract of land located at 2001 Memorial Avenue, S. W., containing .I2 acre, more or less, identified as Official Tax No. 1431325, be rezoned from RM-1, Residentiai Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sw r/merritt Eric. pc: ~her. Honoreble Mayor and Members of th.e Roanoke C.ity Council John R. Mariles, Agent, City Planmng Comm!ss~on Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator Ms. Evelyn D. Doraey, Acting Assistant Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Mr. Guy B. Merritt, 2001 Memorial Avenue, S. It/., Roanoke, Virginia 24015 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 intersection of Memorial Ave., S. W. and Amherst st., S. W. Roanoke, Virginia, which is 2001 Memorial Ave., S. W., Roanoke, Virginia, with tax number 1431325, from RM1 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 Petitioner, Guy B. Merritt, owns land in the City of Roanoke containing .12 acres, more or less, located at 2001 Memorial Ave., S. W., Roanoke, Virginia with the tax number 1431325. Said tract is currently zoned RM1. 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 RM1 District to CN District, subject to certain conditions set forth below, for the purpose of making the zoning conform to the current use of the property which has been in existence for 35 years, and in case of a catastrophe, the building and use could be restored. The subject property is shown on "as built" survey attached and labeled Exhibit B. The Petitioner believes that rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and and compliment of the Grandin The its comprehensive plan, in that it will complete the simple rectangle of present business zonings Road Shopping Center. Petitioner hereby proffers and agrees that if the said Page 2. tract is rezoned to, and that the conditions: as requested, that the rezoning will be subject Petitioner will abide by the following 1. That exterior appearance of the primary structure will re- main as a single family residence. 2. That the trees and other plantings on the property will remain substantially unchanged. In addition, trees will be planted where necessary to conform to the buffering/ screening requirements of the City's zoning ordinance. 3. That any lighting on the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. 4. That the following uses shall be conducted on the property as zoned: A. Medical Offices B. Professional Offices Attached as Exhibit C, are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and the immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Virginia. Respectfully submitted this 18th, day of November, 1992. Respectfully Submitted, By: Guy B. Merritt, D.D.S. 2001 Memorial Ave., S.W. Roanoke, Virginia 24015 Phone (Office) 344-5636, (Home) 774-6224 Signa'~r e of 'owner Page 3. EXHIBIT C: Charles L. Schoonover 1215 Amherst St., S. W. Roanoke, Virginia 24015 Tax number 1431326 Jane E. Moses 2005 Memorial Ave., S. W. Roanoke, Virginia 24015 Tax number 1431324 Virginia Heights Elementary School 1210 A~herst St., S. W. Roanoke, Virginia 24015 Tax number 1431821 Golden, Sam etole % Moore & Company 813 Franklin Rd., $. W. Suite 103 Roanoke, Virginia 24016 Tax number 1330501 Virginia Heights Baptist Church 2014 Memorial Ave., S. W. Roanoke, Virginia 24015 No t~x number /I t1330607 I) O I) () S ,' ,',, : I'-IJ.~ i IIEZONINO zo r ~, I [ Ronald H. Miller Building Commissioner December 21, 1992 Dr. and Mrs. Guy Merritt 2001 Memorial Avenue, S.W. Roanoke, Virginia 24015 RE: Business licenses for 2001 Memorial Avenue, S.W. Dear Dr. and Mrs. Merritt: The purpose of this letter is to follow up our telephone conversation held on Friday, December 18, 1992, regarding the pending rezoning request and the issuance of an additional business licenses for the above referenced property. As you may recall, the Planning Commission at its December 2, 1992 meeting, continued the public hearing on your rezoning request to the January 6, 1993 meeting. Their action was a result of the discussion relative to the the possibility of an second (dentist) business licenses being issued for the current (one man) dental practice for an interim/transitional period while your practice is being sold or taken over by another dentist. The Commission felt that if such a licenses could be issued, your needs and desires, which prompted the rezoning request, would be met and the rezoning of the property would not be necessary. At this time I would like to inform you that on Thursday, December 17th, a meeting was held with Jerome Howard, Commissioner of Revenue, Ron Miller, Zoning Administrator/Building Commissioner and myself to discuss the zoning ordinance regulations and the issuance of a second business licenses for your current practice. I am pleased to inform you that as a result of our meeting, the Zoning Department will issue a zoning verification letter to the Commissioner of Revenue's Office stating that a second dentist business licenses can be issued for the above referenced property for up to a two (2) year period while your practice is being assumed by or sold to this other dentist. I would also like to request that if this action does meet your needs and does adequately addresses your concerns regarding the continuation of your existing dental practice, please contact me as soon as possible so that we may proceed in withdrawing your rezoning request before the scheduled January meeting. Room 170 Municipal Building 215Church Avenue,$.W. Roanoke, Virginia 24011 (703) 981 2221 Letter to Merritt Page 2 December 21, 1992 If further information or clarification of any of the material contained herein is needed, please do not hesitate to contact me at your earliest convenience. I can be reached at 981-2250 and in the event I am not available, please contact John Marlles at 981-2344. ~gnCerely, ' Adminfstrator/City Flanner EDD:ph cc: Jerome Howard, Commissioner of Revenue Ronald H. Miller, Zoning Administrator/Building Commissioner John R. Marlles, Chief of Community Planning Chairman and Planning Commission Members The Greater Raleigh Court Civic League P. O. Box 3092 Roanoke, VA 24015 September 11, 1992 Dr. Guy Merri~ 2001 Memorial Ave. SW Roanoke, VA 24015 Dear Dr. Men'iR: Thank you for delaying your dinner to talk with me on September 9th. The Greater Raleigh Court Civic League supports businesses in appropriate locations, and we support the current use of your property. If you would like to continue the current legal non-conforming use of the property, Ron Miller is the City's Zoning Administrator and he will write you a letter verifying your status. While we are sympathetic to your desire to rezone your property at 2001 Memorial Avenue, the Greater Raleigh Court Civic 12ague's executive committee has decided that we cannot support your rezoning request. Since any road is a natural boundary, your property would be the first on your block to be zoned for commercial use. We have concerns that a successful rezoning would allow the commercial zone to move past current boundaries. We can not allow negative impacts on existing residential property values nor send a message that we will allow spot rezoning in the Greater Raliegh Court area. We will suPport any efforts to continue current use of your property or to bring in an additional dentist provided it does not require rezoning. Please work with the Office for Community Planning to find a way to meet your goals without rezoning your property. Sincerely, Robert N. Turcotte President John Marlles, Chief City of Roanoke Office of Community Planning Ron Miller, City of Roanoke Zoning Administrator 2025 Memorial Avenue, Roanoke, VA 24015 November 27, 1992 SW Mr. Robert Turcotte, President Greater Raleigh Court Civic League 1890 Arlington Road, SW Roanoke, VA 24015 Dear Mr. Turcotte: As a member of the Greater Raleigh ask that you present my protest to of 2001 Memorial Avenue, SW. Court Civic League, I the proposed re-zoning Virginia Heights School and a large church mark the end of the commercial area and the beginning of the residential area on Memorial Avenue. To re-zone the first residence in the block above the school to commercial--or t'o any designation other than residential--would allow for erosion of the residential section of Memorial. The mi~xing of commercial and residential property is not in the best interest of either. I sincerely request that the City refuse to change the zoning for 2001 Memorial (Dr. Merritt). ~S ir~c e r e lyz~your s ,/, l~ohn R. l~'t'oo~s, III Roanoke City Public Schools Division of Business Affairs · P. O. Box 13105, Roanoke, Virginia 24031 November 23, 1992 Mr. John R. Marlles, Agent Roanoke City Planning Commission Municipal Building - Room 355 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mr. Marlles: The Roanoke City Public Schools support the position of The Greater Raleigh Court Civic League in opposing the rezoning request of Dr. Guy B. Merritt. While the Schools have no objection to the continued use of the property under a conditional use arrangement, the permanent rezoning of the property could lend to further commercial development in the area adjacent to Virginia Heights Elementary School. The Schools have invested $2.4 million in the project to modernize the school, and further commercial development would detract from the concept of neighborhood schools embodied in the renovation plan. The approval of the rezoning request would have a long term negative effect on the Schools' efforts to revitalize a community centered school. We strongly encourage the denial of the request. Sincerely, Richard L. Kelley Executive for Business Affairs rg CC: Mr. Ron Miller Mr. Robert Turcotte Excellence in Education Al? NIJ?h~rR - 120041.3 PJqLISH:F,'S F~'? - ~,!FCRRITT Dk GUY ~$ 2F)O1 ,~M,3~ [ AL ~W:NOE, F,C],~NOK~ VA 2qO13 '93 FEB-8 P3:16 STATE I]F VIR,%INIA CITY -NFFIDAVIT OF Pd~LIC~qTIL)N I, (Ti-iL- UN)bRSIGN'!O) ~,,,i AUTHORIZED REPRESENTATIVi~ C]F TH~ TIMES-NORLD COR- PORATION, WHICH CO~PG~TI;3~ IS PUbLISHEr", OF THE ROA~:DKE TI~ES C WOV, LD-NFWS~ A TH~ STATF OH VirGINIa, D(] C~<TIFY THAT THF ANNeXeD NOTIC~ ~N~S PUBLISHED IN SAID UEWSPAPSRS ~JN THE FOLLf}WIHG UAT~S O1/22/~;3 M ]~,NIN3 01/29/93 M3~,U ING WITNESS~ TifIS 1ST )AY 3F FEBRUARY 19~3 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, February 8, 1993, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, the following property: A tract of land lying at the intersection of Memorial Avenue and Amherst Street, S.W., known as 2001 Memorial Avenue, S.W., and bearing Official Tax No. 1431325, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 20th day of 3anuar¥ , 19 93 · Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, January 22, 1993, and once on Friday, January 29, 1993, in the Roanoke Times and World-News. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: Dr. Guy B. Merritt 2001 Memorial Avenue, S. W. Roanoke, Virginia 24015 TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE REZONING REQUEST OF: CiTY CI '92 BEC 29 ~11:49 Request from Guy B. Merritt that land lying at ) the intersection of Memorial Avenue, S.W., and ) designated as 2001 Memorial Avenue, S.W., Official) Tax No. 1431325, be rezoned from RM-1, Residential)AFFIDAVIT Multifamily, Low Density District, to CN, Neigh- ) borhood Commercial District, such rezoning to be ) subject to certain conditions proffered by the ) petitioner. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary of the City of Roanoke Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of December, 1992, notices of a public hearing to be held on the 6th day of January, 1993, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1431326 1531324 1431821 1330501 Owner. Aaent or Occupant Charles L. Schoonover Jane E. Moses Virginia Heights Elementary School Sam Golden, et al c/o Moore and Co. VA Heights Baptist Church No. Address 1215 Amherst Street Roanoke, VA 24015 2005 Memorial Avenue Roanoke, VA 24015 1210 Amherst Street Roanoke, VA 24015 813 Franklin Road Suite 103 Roanoke, VA 24016 2014 Memorial Avenue Roanoke, VA 24015 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of December, 1992. My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROANOKE, PERTAINING TO THE REZONING REQUEST OF: VIRGINIA '92 NB/24 9:21 Request from Guy B. Merritt that land lying at the intersection of Memorial Avenue, S.W., and designated as 2001 Memorial Avenue, S.W., Official Tax No. 1431325, be rezoned from RM-1, Residen- tial Multifamily, Low Density District, to CN, Neighborhood Commercial Distriact, such rezoning to be subject to certain conditions proffered by the petitioner. COMMONWEALTH OF VIRGINIA) ) CITY OF ROANOKE ) The affiant, .AFFI .DAVIT 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 23rd day of November, 1992, notices of a public hearing to be held on the 2nd day of December, 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 Charles L. Schoonover 1215 Amherst Street Roanoke, VA 24015 2005 Memorial Avenue Roanoke, VA 24015 1210 Amherst Street Roanoke, VA 24015 813 Franklin Road Suite 103 Roanoke, VA 24016 2014 Memorial Avenue Roanoke, VA 24015 1431326 1431324 1431821 1330501 No # Jane E. Moses Virginia Heights Elementary School Sam Golden, et al c/o Moore & Co. VA Heights Baptist Church Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 23rd day of November, 1992. My Commission Expires: 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, December 2, 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 Guy B. Merritt that land lying at the intersection of Memorial Avenue, S.W., and Amherst Street, S.W., designated as 2001 Memorial Avenue, S.W., Official Tax No. 1431325, be rezoned from RM-1, Residential Multifamily, Low Density District, to CN, Neighborhood Commercial District, such rezoning to be subject to certain conditions. 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, November 17, 1992 Please run in newspaper on Tuesday, November 24, 1992 Please send affidavit of publication to: Office of Community Planning Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Please bill: Dr. Guy B. Merritt 2001 Memorial Avenue, Roanoke, VA 24015 (703) 344-5636 SoWo 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 21, 1993 File #51 Dr. Guy B. Merritt 2001 Memorial Avenue, S. W. Roanoke, Virginia 24015 Dear Dr. Merritt: 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, February 8, 1993 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 a tract of land located at 2001 Memorial Avenue, S. W., identified as Official Tax No. 1431325, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood 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. 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: sm February Eno. Dr. Guy B. Merritt January 21, 1993 Page 2 pc: Mr. Charles L. Schoonover, 1215 Amherst Street, S. W., Roanoke, Virginia 24015 Ms. Jane E. Moses, 2005 Memorial Avenue, S. W., Roanoke, Virginia 24015 Virginia Heights Elementary School, 1210 Amherst Street, S. W., Roanoke, Virginia 24015 Mr. Sam Golden, et al, c/o Moore and Company, 813 Franklin Road, S. W., Suite 103, Roanoke, Virginia 24016 Trustees of Virginia Heights Baptist Church, 2014 Memorial Avenue, S. W., Roanoke, Virginia 24015 MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOK OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 98 I-2~41 SANDRA H. EAKIN Deputy City Clerk February 1, 1993 File #51 Mr. and Mrs. Vernon M. Harmon 1215 Amherst Street, S. W. Roanoke, Virginia 24015 Dear Mr. and Mrs. Harmon: 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, February 8, 1993 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 Dr. Guy B. Merritt that a tract of land located at 2001 Memorial Avenue, S. W., identified as Officiai Tax No. 1431325, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commerciai 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: sm February 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 November 19, 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 an amended petition from Guy B. Merritt requesting that a tract of land located at 2001 Memorial Avenue, S. W., containing .12 acre, more or less, identified as Official Tax No. 1431325, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~..~...__ Mary F. Parker, CMC/AAE City Clerk MFP: sw r/merritt Enc. 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. Guy B. Merritt, 2001 Memorial Avenue, S. W., Roanoke, Virginia 24015 CITY ~:r~ FIRST AMENDED PETITION TO REZONE: '92 NOV 19 AB~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the intersection of Memorial Ave., S. W. and Amherst st., S. W. Roanoke, Virginia, which is 2001 Memorial Ave., S. W., Roanoke, Virginia, with tax number 1431325, from RM1 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 Petitioner, Guy B. Merritt, owns land in the City of Roanoke containing .12 acres, more or less, located at 2001 Memorial Ave., S. W., Roanoke, Virginia with the tax number 1431325. Said tract is currently zoned RM1. 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 RM1 District to CN District, subject to certain conditions the zoning conform to been in existence for set forth below, for the purpose of making the current use of the property which has 35 years, and in case of a catastrophe, the building and use could be restored. The subject property is shown on "as built" survey attached and labeled Exhibit B. The Petitioner believes that rezoning of the said tract of land will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan, in that it will complete and compliment the simple rectangle of present business zonings of the Grandin Road Shopping Center. The Petitioner hereby proffers and agrees that if the said Page 2. tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by the following conditions: 1. That exterior appearance of the primary structure will re- main as a single family residence. 2. That the trees and other plantings on the property will remain substantially unchanged. In addition, trees will be planted where necessary to conform to the buffering/ screening requirements of the City's zoning ordinance. 3. That any lighting on the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. 4. That the following uses shall be conducted on the property as zoned: A. Medical Offices B. Professional Offices Attached as Exhibit C, are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and the immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Virginia. Respectfully submitted this 18th, day of November, 1992. Respectfully Submitted, 2001 Memorial Ave., S.W. Roanoke, Virginia 24015 Phone (Office) 344-5636, S igna~r e of'owner By: Guy B. Merritt, D.D.S. MARY F. PAgKER City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2~1 SANDRA H. EAKIN Deputy City Clerk November 10, 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 Guy B. Merritt requesting that a tract of land located at 2001 Memoriai Avenue, S. W., containing . 12 acre, more or less, identified as Officiai Tax No. 1431325, be rezoned from RM-1, Residential Multi- family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, ~O.~ Mary F. Parker, CMC/AAE City Clerk MFP: sw r/merritt Eno o pc: The Honorable Mayor and Members of the Roanoke City Council Mr. John R. Mariles, 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. Guy B. Merritt, 2001 Memorial Avenue, S. W., Roanoke, Virginia 24015 PETITION TO REZONE: £:ITY '-',~ ~ ~ IN THE COUNCIL OF THE CITY O O ~ , 'VIRGINIA IN RE: Rezoning of a tract of land lying at the intersection of Memorial Ave., S. W., and Amherst St., S. W., Roanoke, Virginia, which is 2001 Memorial Ave. S. W., Roanoke, Virginia, with tax number 1431325, from RM1 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 Petitioner, Guy B. Merritt, owns land in the City of Roanoke containing .12 acres, more or less, located at 2001 Ave., S. W., Roanoke, Virginia with the tax number Said tract is currently zoned RM1. A map of the Memorial 1431325. property to be rezoned is attached Pursuant to Section 36.1-690, (1979), as amended, the Petitioner as Exhibit A. Code of the City of Roanoke requests that the said Property be rezoned from RM1 District to CN District, subject to certain conditions set forth below, for the purpose of making the zoning conform to the warrant use of the property which has been in existence for 35 years, and in case of a catastrophe, the building could be restored. 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 complete and compliment the simple rectangle of present business zonings of ~he Grandin Road Shopping Center. 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 Page 2. conditions: 1. The property will be developed in substantial compliance with the site plan attached to this petition for rezoning as Exhibit B, subject to any changes required by City's officials during site plan review. 2. The exterior appearance of the primary structure pre- sently unchanged. Existing trees and other plantings on the property will remain substantially unchanged. In addition, trees will be planted where necessary to conform to the buffering/ screening requirements of the City's zoning ordinance. 4 o Any lighting at the property not attached to the building itself will be shielded or directed toward the building and away from adjacent residential uses. Only the following uses shall be conducted on the property as zoned: A. Medical Offices B. Professional Offices Attached as Exhibit C, are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to and the immediately across a street or road from the property to be rezoned. WHEREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke, Virginia. Respectully submitted this 9th, day of November, 1992. Respectfully ~ubmit,te~, ~ By: Guy B. Merritt, D.D.S. 2001 Memorial Ave., S.W. Roanoke, Virginia 24015 Phone (Office) 344-5636, S ign~t~r e of~wner (Home) 774-6224 Page 3. EXHIBIT C: Charles L. Schoonover 1215 Amherst St., S. W. Roanoke, Virginia 24015 Tax number 1431326 Jane E. Moses 2005 Memorial Ave., S. W. Roanoke, Virginia 24015 Tax number 1431324 Virginia Heights Elementary School 1210 Amherst St., S. W. Roanoke, Virginia 24015 Tax number 1431821 Golden, Sam etole % Moore & Company 813 Franklin Rd., S. W. Suite 103 Roanoke, Virginia 24016 Tax number 1330501 Virginia Heights Baptist Church 2014 Memorial Ave., S. W. Roanoke, Virginia 24015 No tax number PI~P£~'Y O~ il ¸.i · ~- 3 ~J 0.L~ ' ND~flH~ 6/ ~ 0/^ s/ /., i I J , 3nN 16 I ,,g I o/ 6 3nN:- i I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE to'amend S36.1-3,-C.ode of the City of Roanoke (1979), as amended, and Sheet No. 143, 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-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, proper notice to all concerned as required by the City of Roanoke (1979), as amended, public hearing on the matter, has made Council; and WHEREAS, a public hearing application at its meeting on and its which after giving §36.1-693, Code of after conducting a recommendation to 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 was held by City Council on said February 8, 1993, after due and 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. 143 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land lying at the intersection of Memorial Avenue and Amherst Street, S.W., and known as 2001 Memorial Avenue, S.W., and designated on Sheet No. 143 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 1431325, be, and is hereby rezoned from RM-1, Residential Multi-family, Low 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 November 19, 1992, and that Sheet No. 143 of the Zone Map be changed in this respect. ATTEST: City Clerk. Misc. 2/8/93 - Council February 8, 1993 THE TAX Harold Shaffer '93 FEB-g 'z:24 Honorable David Bowers and Members of City Council City of Roanoke Roanoke, Virginia 24011 To Whom it may concern: Enclosed is a copy of a letter written by my client in regard to his property being re-zoned. I understand that this is to be before council tomorrow night. I have know Dr. Merritt for several years and I can under- stand his problem. I feel that he should be granted the rezoning that he is requesting before council. I maintained an office on Grandin Road for several years and at that time I was a member of the Civic League. I can under- stand the feeling of the Civic League, however I feel that the other property in that block would not object the his request for rezoning. Sincerely, THE TAX MAN, INC. Accountant HLS/jm Enclosures 13 3 5 PETERS CREEK ROAD, N.W. ROANOKE, VIRGINIA 24017 Phone: (703) 562-0123 Fax: (703) 562-2286 TO WHOM IT MAY CONCERN: I would like to express the reasons I am applying for the rezoning from RM-1 to CN my office at 2001 Memorial Ave. S. W., where I have operated my dental office for 35 years: 1. In case of a 50% catastrophe to my building, I will be re- fused a perm{t to restore the building as a dental business. The present RM-1 zoning also keeps me from ever phasing out my practice to include with me a permanent dentist, or hygienist, as that is called internal expansion. No new dentist would want to locate there under these conditions. A new dentist taking my place may not place a sign to show that he is in operation. The dental office has been and will be an asset to the Grandin Business Circle. (a) Patients shop before and after appointments. (b) Persons accompanying dental patients frequently shop while waiting. There have been n__~o traffic problems between the school and the dental office for 35 years. There has been.nQ attempt to create a business westward up Memorial Ave. (hill) where NO through trucks are allowed and NO PARKING is allowed. ~r. Turcotte,s only objection has been that business would be going up Memorial Ave. As we all know any business would have to be considered by the Roanoke City Officials and they are really strict and surely in control. I do not think that Mr. Turcotte, personally, should object to a small inconspicuous business anywhere on Memorial Ave. since he has had his own Inteqrated Communications Systems in his own home on Arling%on Road, a very elite street in this Raleigh Court District. Business wise, The Grandin Road Shopping Village should keep this site for a future dentist with the proper "CN" zoning so that the dental office there would no longer be a non- conforming use. No change in the outside appearance is to be allowed under the new "CN" zoning. 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) 981-2341 January 26, 1993 SANDRA H. EAKIN Deputy City Clerk Mr. Robert N. Turcotte, President Greater Raleigh Court Civic League P. O. Box 3092 Roanoke, Virginia 24015 Dear Mr. Turcotte: I wish to acknowledge receipt of your communication under date of January 20, 1993 addressed to the Honorable David A. Bowers, Mayor, with regard to a request of Dr. Guy Merritt that a tract of land located at 2001 Memorial Avenue, S. W., identified as Official Tax No. 1431325, be rezoned from RM-1, Residential Multi-family, Low Density District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioner. Please be assured that a copy of your communication will be forwarded to the Mayor and Members of City Council with their February 8 agenda material for consideration in connection with the public hearing which will be held at 7: 30 p.m., or as soon thereafter as the matter may be heard. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm The Grandin Road Merchants and Professionals Association February 3, 1993 The Honorable David A. Bowers, Mayor and Members of City Council: Several members of our organization have been approached by Teresa, a member of Dr. Guy Merritt's staff, asking that we sign a petition. Teresa told us that Dr. Merritt wanted to rezone his property simply so he could remodel the inside of his building. Her request prompted our organization to meet to review the rezoning petition and Planning Commission meetings as described in Mr. Charles Price's letter to you. If this rezoning is approved, Dr. Merritt could permanently bring in a second dentist to operate at 2001 Memorial Avenue and have other unspecified professional offices at this location. In our opinion this rezoning will not improve the Grandin Shopping Village and will result in destructive intermixing of residential and commercial zoning designations. In a vote by our membership, a majority agrees with the recommendation of the Planning Commission that this rezoning should not be allowed. Should Dr. Merritt's structure burn more than 50% we will support a petition by Dr. Merritt to rebuild. Sincerely, Richard Eakin President Ronald H, Miller Building Commissioner December 21, 1992 Dr. and Mrs. Guy Merritt 2001 Memorial Avenue, $.W. Roanoke, Virginia 24015 RE: Business licenses for 2001 Memorial Avenue, S.W. Dear Dr. and Mrs. Merritt: The purpose of this letter is to follow up our telephone conversation held on Friday, December 18, 1992, regarding the pending rezoning request and the issuance of an additional business licenses for the above referenced property. As you may recall, the Planning Commission at its December 2, 1992 meeting, continued the public hearing on your rezoning request to the January 6, 1993 meeting. Their action was a result of the discussion relative to the the possibility of an second (dentist) business licenses being issued for the current (one man) dental practice for an interim/transitional period while your practice is being sold or taken over by another dentist. The Commission felt that if such a licenses could be issued, your needs and desires, which prompted the rezoning request, would be met and the rezoning of the property would not be necessary. At this time I would like to inform you that on Thursday, December 17th, a meeting was held with Jerome Howard, Commissioner of Revenue, Ron Miller, Zoning Administrator/Building Commissioner and myself to discuss the zoning ordinance regulations and the issuance of a second business licenses for your current practice. I am pleased to inform you that as a result of our meeting, the ~oning Department will issue a zoning verification letter to the Commissioner of Revenue's Office stating that a second dentist business licenses can be issued for the above referenced property for up to a two (2) year period while your practice is being assumed by or sold to this other dentist. I would also like to request that if this action does meet your needs and does adequately addresses your concerns regarding the continuation of your existing dental practice, please contact me as soon as possible so that we may proceed in withdrawing your rezoning request before the scheduled January meeting. Room 170 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2221 Letter to Merritt Page 2 December 21, 1992 If further information or clarification of any of the material contained herein is needed, please do not hesitate to contact me at your earliest convenience. I can be reached at 981-2250 and in the event I am not available, please contact John Marlles at 981-2344. EDD:ph cc: Jerome Howard, Commissioner of Revenue Ronald H. Miller, Zoning Administrator/Building Commissioner John R. Marlles, Chief of Comn~unity Planning Chairman and Planning Commission Members January 23, 1993 Mayor David Bo~ers Vice Mayor Beverly Fitzpatrick Council Members: Elizabeth Bowles Jimmy Harvey Mac McCadden Howard Musser Willia~ White Honorable Mayor and Me~bers of Council: My signature below indicates ny opposition to the rezoning of property located at 2001 Memorial Avenue, SW, from RM-1 Residential Multi-family Low Density District to CN, Neighborhood Commerical District. I am a resident home owner of the 2000 block of Memorial Avenue, SW. If I am unable to attend the City Council meeting at 7:30 PM on Monday, February 8, 1993, I ask that the Greater Raleigh Court Civic League present my opposition. Name: _ / ~ elephone N,r,,ber, January 23, 19~3 Mayor David Bowers Vice Mayor Beverly Fitzpatrick Council Members: Elizabeth Bowles Jimmy Harvey Mac McCadden Howard Musser William White Honorable Mayor and Members of Council: My signature below indicates my opposition to the rezoning of property located at 2001 Memorial Avenue, SW, from RM-1Residelqtial Multi-family Low Density District to CN, Neighborhood Commerical District. I am a resident home owner of the 2000 block of Memorial Avenue, SW. If I am unable to attend the City Council meeting at 7:30 PM on Monday, February 8, 1993, I ask that the Greater Raleigh Court Civic League present my opposition. January 23, 1993 Mayor David Bowers Vice Mayor Beverly Fitzpatrick Council Members: Elizabeth Bowles Jimmy Harvey Mac McCadden Howard Musser William White Honorable Mayor and Members of Council: My signature below indicates my opposition to the rezoning of property located at 2001 Memorial Avenue, SW, from RM-1 Residential Multi-family Low Density District to CN, Neighborhood Commerical District. I am a resident home owner of the 2000 block of Memorial Avenue, SW. If I am unable to attend the City Council meeting at 7:30 PM on Monday, February 8, 1993, I ask that the Greater Raleigh Court Civic League present my opposition. January 23, 1993 Mayor David Bowers Vice Mayor Beverly Fitzpatrick Council Members: Elizabeth Bowles Jimmy Harvey Mac McCadden Howard Musser William White Honorable Mayor and Members of Council: My signature below indicates my opposition to the rezoning of property located at 2001 Memorial Avenue, SW, from RM-1 Residential Multi-family Low Density District to CN, Neighborhood Commerical District. I am a resident home owner of the 2000 block of Memorial Avenue, SW. If I am unable to attend the City Council meeting at 7:30 PM on Monday, February 8, 1993, I ask that the Greater Raleigh Court Civic League present my opposition. Telephone Number: _C_?_~_~__~_~_3_-_-__._/_q_~/_ .... January ~3, 1993 Mayor David Bowers Vice Mayor Beverly Fitzpatrick Council Members: Elizabeth Bowles Jimmy Harvey Mac McCadden Howard Musser William White Honorable Mayor and Members of Council: My signature below indicates my opposition to the rezoning of property located at 2001 Memorial Avenue, SW, from RM-1 Residential Multi-family Low Density District to CN, Neighborhood Commerical District. I am a resident home owner of the 2000 block of Memorial Avenue, SW. If I am unable to attend the City Council meeting at 7:30 PM on Monday, February 8, 1993, I ask that the Greater Raleigh Court Civic League present my opposition. January 23, 1993 Mayor David Bowers Vice Mayor Beverly Fitzpatrick Council Members: Elizabeth Bowles Jimmy Harvey Mac McCadden Howard Musser William White Honorable Mayor and Members of Council: My signature below indicates my opposition to the rezoning of property located at 2001 Memorial Avenue, SW, from RM-1 Residential Multi-family Low Density District to CN, Neighborhood Commerical District. I am a resident home owner of the 2000 block of Memorial Avenue, SW. If I am unable to attend the City Council meeting at 7:30 PM on Monday, February 8, 1993, I ask that the Greater Raleigh Court Civic League present my opposition. Telephone Nu~lber: ~=lza _ ~? ~/ ? January 23, 1993 Mayor David Bowers Vice Mayor Beverly Fitzpatrick Council Members: Elizabeth Bowles Jimmy Harvey Mac McCadden Howard Musser William White Honorable Mayor and Members of Council: My signature below indicates my opposition to the rezoning of property located at 2001 Memorial Avenue, SW, from RM-1 Residential Multi-family Low Density District to CN, Neighborhood Commerical District. I am a resident home owner of the 2000 block of Memorial Avenue, SW. If I am unable to attend the City Council meeting at 7:30 PM on Monday, February 8, 1993, I ask that the Greater Raleigh Court Civic League present my opposition. Greater Raleigh Court Civic League P. O. Box 3092 · Roanoke, VA 24015 January 20, 1993 Mayor David A. Bowers 601 Camilla Ave. Roanoke, VA 24014 Dear Mayor Bowers: On February 8th City Council will vote on the disposition of a zoning petition for Dr. Guy Men'itt at 2001 Memorial Avenue. We respectfully submit this information for your consideration in making an important decision about consistency of zoning in the Greater Raleigh Court Area. One of the blessings our neighborhood has enjoyed is a dearly defined merchants' area that has not infiltrated the surrounding neighborhood in a patchwork of residences and businesses. We worked with the city in 1987 to define the Community Neighborhood zoning designation and the CN boundaries that define the Grandin Shopping Village. We feel that Virginia Heights School and Virginia Heights Baptist Church act as natural boundaries to the CN district just as they did in 1987. For that reason we oppose this rezoning. History clearly shows that granting a rezoning where clear boundaries exist will open the rest of that city block to commercial development. The 2000 block of Memorial is purely a residential block and does not lend itself to commercial development for many reasons, a critical lack of off street parking among them. I have asked Jonathan Hartley, Ann Hammersley and Richard Rife, all Greater Raleigh Court residents, to talk about this matter at the meeting on February 8th. If you will be able to attend a group viewing of the proposed rezoning area on January 28th at 5:15 PM please telephone me at (H) 342-2970 or (O) 344-7344. Attached is correspondence to support our position. Sincerely, Robert N. Turcotte President The Greater Raleigh Court Civic League P. O. Box 3092 Roanoke, VA 24015 September 11, 1992 Dr. Guy Merritt 2001 Memorial Ave. SW Roanoke, VA 24015 Dear Dr. Merritt: Thank you for delaying your dinner to talk with me on September 9th. The Greater Raleigh Court Civic League supports businesses in appropriate locations, and we support the current use of your property. If you would like to continue the current legal non-conforming use of the property, Ron Miller is the City's Zoning Administrator and he will write you a letter verifying your status. While we are sympathetic to your desire to rezone your property at 2001 Memorial Avenue, the Greater Raleigh Court Civic League's executive committee has decided that we cannot support your rezoning request. Since any road is a natural boundary, your property would be the first on your block to be zoned for commercial use. We have concerns that a successful rezoning would allow the commercial zone to move past current boundaries. We can not allow negative impacts on existing residential property values nor send a message that we will allow spot rezoning in the Greater Raliegh Court area. We will support any efforts to continue current use of your property or to bring in an additional dentist provided it does not require rezoning. Please work with the Office for Community Planning to find a way to meet your goals without rezoning your property. Sincerely, Robert N. Turcotte President John Marlles, Chief City of Roanoke Office of Community Planning Ron Miller, City of Roanoke Zoning Administrator Roanoke- City Public Schools Division oi~ Business Affairs * P. O. Box 1,.5105, Roanoke. Virginia 240,]1 November 23, 1992 Mr. John R. MarlJes, Agent Roanoke City Planning Commission Municipal Building - Room 355 215 Church Avenue, S. W. Roanoke, VA 24011 Dear Mr. Marlles: The Roanoke City Public Schools support the position of The Greater Raleigh Court Civic League in opposing the rezoning request of Dr. Guy B. Merritt. While the Schools have no objection to the continued use of the property under a conditional use arrangement, the permanent rezoning of the property could lend to further commercial development in the area adjacent to Virginia Heights Elementary School. The Schools have invested $2.4 million in the project to modernize the school, and further commercial development would detract from the concept of neighborhood schools embodied in the renovation plan. The approval of the rezoning request would have a long term negative effect on the Schools' efforts to revitalize a community centered school. We strongly encourage the denial of the request. rg Sincerely, Executive for Business Affairs cc: Mr. Ron Miller x/Mr. Robert Turcotte Excellence in Education 2025 Memorial Avenue, SW Roanoke, VA 24015 November 27, 1992 Mr. Robert Turcotte, President Greater Raleigh' Court Civic League 1890 Arlington Road, SW Roanoke, VA 24015 Dear Mr. Turcotte: As a member of the Greater Raleigh Court Civic League, I ask that you present my protest to the proposed re-zoning of 2001 Memorial Avenue, SW. Virginia Heights School and a large church mark the end of the commercial area and the beginning of the residential area on Memorial Avenue. To re-zone the first residence in the block above the school to commercial--or t'o any designation other than residential--would allow for erosion of the residential section of Memorial. The mixing of commercial and residential property is not in the best interest of either. I sincerely request that the City refuse to change the zoning for 2001 Memorial (Dr. Merritt). ,~nl~S inc e r ely ,~your s /J R. Brooks, III Ror~ald H. Miller Building Commissioner December 21, 1992 Dr. and Mrs. Guy Merritt 2001 Memorial Avenue, S.W. Roanoke, Virginia 24015 RE: Business licenses for 2001 Memorial Avenue, S.W. Dear Dr. and Mrs. Merritt: The purpose of this letter is to follow up our telephone conversation held on Friday, December 18, 1992, regarding the pending rezoning request and the issuance of an additional business licenses for the above referenced property. As you may recall, the Planning Commission at its December 2, 1992 meeting, continued the public hearing on your rezoning request to the January 6, 1993 meeting. Their action was a result of the discussion relative to the the possibility of an second (dentist) business licenses being issued for the current (one man) dental practice for an interim/transitional period while your practice is being sold or taken over by another dentist. The Commission felt that if such a licenses could be issued, your needs and desires, which prompted the rezoning request, would be met and the rezoning of the property would not be necessary. At this time I would like to inform you that on Thursday, December 17th, a meeting was held with Jerome Howard, Commissioner of Revenue, Ron Miller, Zoning Administrator/Building Commissioner and myself to discuss the zoning ordinance regulations and the issuance of a second business licenses for your current practice. I am pleased to inform you that as a result of our meeting, the Zoning Department will issue a zoning verification letter to the Commissioner of Revenue's Office stating that a second dentist business licenses can be issued for the above referenced property for up to a two (2) year period while your practice is being assumed by or sold to this other dentist. I would also like to request that if this action does meet your needs and does adequately addresses your concerns regarding the continuation of your existing dental practice, please contact me as soon as possible so that we may proceed in withdrawing your rezoning request before the scheduled January meeting. Room 170 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981.2221 Letter to Merritt Page 2 December 21, 1992 If further information or clarification of any of the material contained herein is needed, please do not hesitate to contact me at your earliest convenience. I can be reached at 981-2250 and in the event I am not available, please contact John Marlles at 981-2344. / AA~.i~raSitoSrt~tyZ°~ngner EDD:ph cc: Jerome Howard, Commissioner of Revenue Ronald H. Miller, Zoning Administrator/Building Commissioner John R. Marlles, Chief of Community Planning Chairman and Planning Commission Members 2639 Avenel Avenue, S. W. Roanoke, Virginia 24015 January 20, 1993 ~onorable David Bowers, Mayor Honorable Elizabeth Bowles Honorable Beverly T. Fitzpatrick, Jr. Honorable James Harvey Honorable Delvis McCadden Honorable Howard Musser Honorable William White '93 J N25 P4:10 Dear Gentlemen and Mrs. Bowles: A zoning matter regarding the dental office of Dr. Guy Merritt is scheduled to be heard by Council in February. Dr. Merritt has conducted his practice on the corner of Memorial Avenue and Amherst Street for 35 years. He is an excellent dentist with great compassion for people and has never refused to treat anyone who could not pay. Many elderly persons live within walking distance of his office, and he has always been available whenever they needed him. I am a member of the Raleigh Court Civic League, and I have been advised by Robert Turcotte, president of the League, that he plans to appear on behalf of the League in opposition to Dr. Merritt's request. The membership has not voted on this action; however, I understand that the board consisting of a few members of the League has the authority to take such action. It will be difficult for Dr. Merritt to sell his business if two dentists are not allowed to practice there. He is 70 years old and had anticipated using the proceeds from the sale to support him and his wife after his retirement. His charges have always been reasonable; he has served many persons who were unable to pay; and he is by no means wealthy. I do not support the theory that other businesses will want to locate in that block of Memorial Avenue because parking is not allowed there, and no such requests have been made in the 35 years he has been there. His patients park on Amherst Street directly behind his office or on his lot. Very few (1-3) are present at the same time, and I have never heard of any complaints from the neighborhood. Dr. Merritt is the only dentist in that area of Grandin Road, and he has been an asset to the community. We need more dentists like him, and I hope you will not impose restrictions that will hamper his ability to sell his practice. Sincerely yours, Melba C. Pirkey WOODS, ROGERS & HAZI_EGROVE Roanoke Otfice WRITER'S DIRECT DIAL TELEPHONE Danville Office 530 Main Street · P.O. Box 560 Danville, Virginia 24543-0560 Telephone 804-791-1350 Facsimile §04-799-3527 (703) 983-7653 February 11, 1993 Mary F. Parker, Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, VA 24011 In re: Guy B. Merritt Rezoning Dear Ms. Parker: Enclosed is the information you requested in connection with the Dr. Merritt rezoning. DFLJr:gfw Enclosures WOODS, Yours truly, ROGERS & HAZLEGROVE Daniel F. Layman, Jr. M#146065 PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area whD support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name M#143011 PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address M#143011 PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address M#14301! PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, es proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area whD support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's~--f~-~o have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address M#143011 PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memoria! Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconfbrming use. We believe that a dental office is an appropriate use for this location, es proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Address , . ~ ! ~ 7 ,. PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses In the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, es proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address M#143011 PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the l~mediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address PETITION TO= The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name M~143011 PETITION TO: The Mayor and Members of Roanoke City Council The undersigned are residents of the Raleigh Court area who support Dr. Guy Merritt's request to have his property at 2001 Memorial Avenue, S.W. rezoned to the CN designation like other businesses in the immediate area, so that his dental office will no longer be a nonconforming use. We believe that a dental office is an appropriate use for this location, as proved by Dr. Merritt's 35 years of practice here. We understand that the rezoning will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of its use will not change. Name Address M#143011 PETITION TO: The Mayor and Members of Roanoke City Council Dr. Guy Merritt has been a valued member of the Grandin Road area business community for many years. The undersigned own or operate businesses in the Grandin Road area and support Dr. Merritt's request to rezone his property at 2001Memorlal Avenue, S.W. to the CN designation so that the dental office w~11 no longer be a nonconforming use. We understand that the rezonlng wlll be subject to conditlons which w~11 assure that the exterlor conflguratlon of the bulldlng and lot and the character of lts use will not change. , , ~ame ~ Business PETITION TO: The Mayor and Members of Roanoke City Council Dr. Guy Merritt has been a valued member of the Grandini Road area business community for many years. The undersigned own or operate businesses In the Grandln Road area and support Dr. Merritt's request to rezone his property at 2001 Memorial Avenue, S.W. to the CN designation so that the dental office w11! no longer be a nonconforming use. W~ understand that the rezoning will be subject to condit~ons which will assure that the exterior configuration of the building and lot and the character of its use will not change. M%143011 PETITION TO: The Mayor and Members of Roanoke City Council Dr. Guy Merritt has been a valued member of the Grandln Road area business community for many years. The undersigned own or operate businesses in the Grandin Road area and support Dr. Merrltt's request to rezone his property at 2001 Memorial Avenue, S.W. to the CN designation so that the dental office will no longer be a nonconforming use. We understand that the rezonlng will be subject to conditions which will assure that the exterior configuration of the building and lot and the character of Its use will not change. ~!#143011 Nonconforming Use Rezonings January 1, 1983 - January 31, 1993 Petitioner: Union Oil Co. of California Property: Peters Creek Road, N.W. Off. Tax No. Requested Change: C-1 to C-2 Action: APPROVED FEBRUARY 1983 2770105 Petitioner: Golden Park Corporation Property: Townside Road, S.W. Off. Tax Nos. 308 and 309 Requested Change: RG-1 to C-2 Action: APPROVED AUGUST 1983 5490301, Petitioner: General Welding & Machine Co., Inc. Property: Levelton Avenue, N.W. Off. Tax No. 2060534 Requested Change: RD to LM Action: APPROVED SEPTEMBER 1984 Petitioner: City of Roanoke Property: Peters Creek Road, Requested Change: C-2 to C-1 Action: APPROVED MARCH 1986 N.W. Off. Tax No. 6490806 Petitioner: Garland Bowman (South Roanoke Mobile Home Park) Property: Van Winkle Road, S.W. Off. Tax No. 5460103 Requested Change: RS-3 to RG-1 Action: DENIED JUNE 1986 Petitioner: Mrs. W. Jackson Shepherd et al. Property: 2610 Roanoke Avenue, S.W. Off. Requested Change: RS-3 to LM Action: APPROVED JULY 1986 Tax No. 1430102 Petitioner: City of Roanoke Property: Shenandoah Avenue, N.W. and 2311001 and 04 Requested Change: LM to C-2 Action: APPROVED AUGUST 1988 Off. Tax Nos. 2410204-13 M#144701 Petitioner: Exxon Corporation and Van A. Bramblett Property: Orange Avenue, N.E. Off. Tax Nos. 3030403 and 04 Requested Change: HM to C-2 Action: APPROVED OCTOBER 1988 Petitioner: William and Cynthia Roe Property: Hawthorne Road, N.W. Off. Requested Change: RS-3 to RM-1 Action: APPROVED JUNE 1989 Tax Nos. 2190408 and 09 10. Petitioner: R.G. Real Estate, Inc. Property: 2233-43 Mountain View Terrace, No. 1421501 Requested Change: RM-1 and LM to RM-2 Action: APPROVED JULY 1989 S.W. Off. Tax 11. Petitioner: Roanoke Real Exchange Corporation Property: 3834 Virginia Avenue, N.W. Off. Tax No. Requested Change: RS-3 to C-1 Action: APPROVED NOVEMBER 1989 2761501 12. Petitioner: NWS Partners (La Maison Restaurant) Property: 5732 Airport Road, N.W. Off. Tax Nos. and 113 Requested Change: LM to C-2 Action: APPROVED DECEMBER 1989 6630105 13. Petitioner: George Williams Property: Ridgefield Street, N.W. 10 and 3121414 Requested Change: RM-1 to HM Action: APPROVED MAY 1990 Off. Tax Nos. 3121408- 14. Petitioner: Woodmen of the World Property: 2306 Peters Creek Road, N.W. Requested Change: RM-2 to C-2 Action: APPROVED NOVEMBER 1990 Off. Tax No. 6160633 15. Petitioner: Showtimers Property: McVitty Road, S.W. Requested Change: RS-1 to CN Action: APPROVED JANUARY 1991 Off. Tax No. 5100908 M#144701 16. Petitioner: Daniel Crandall Property: 13th Street at Cleveland Avenue 1220901-02 Requested Change: RM-2 to C-1 Action: APPROVED AUGUST 1991 Off. Tax Nos. 17. Petitioner: Jerusalem Baptist Church Property: llth Street Off. Tax Nos. Requested Change: LM to RM-2 Action: APPROVED APRIL 1992 1110801-04 and 1110810 18. Petitioner: Martin E. Hellkamp Property: 759 Welton Avenue, Requested Change: RM-1 to RM-2 Action: APPROVED AUGUST 1992 S.W. Off. Tax No. 1250133 19. Petitioner: Horace Fralin et al. Property: 3002 Brandon Avenue, Requested Change: RM-2 to CN Action: APPROVED DECEMBER 1992 S.W. Off. Tax No. 1620111 20. Petitioner: Benjamin S. Motley Property: Greenwood Road, S.W. at Windsor Avenue, Off. Tax Nos. 1340101 and 03 Requested Change: RS-3 to RM-2 Action: APPROVED DECEMBER 1992 SoW. 21. Petitioner: John T. Davis, Jr. Property: 209 9th Street, S.W. Requested Change: LM to RM-1 Action: APPROVED JANUARY 1993 Off. Tax No. 2112019 M#144701 ZONING ~'vlA P CI1Y OF ROAI'JO~E,VA. $1--IEET ~-~o. 276 ZONING MAP c/~-,v o,," z'o,4 w'o.,,rz-, $,v~-z7 NO. 663 o~',~'/cz- o,," ~',~'z' : NG MAP '1'"_~~o to~4-27-87 367 i* ;,;,,;,- / - David A. Bowers Mayor Beverly T. Fitzpatrick, Jr. Vice-Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 February 8, 1993 Council Members: Elizabeth T. Bowles James G. Harvey, II Delvis O. "Mac" McCadden Howard E. Musser William White, Sr. 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 APR -1 A]I :55 February 11, 1993 Mrs. Nannette Borling 2205 Carter Road, S. W. Roanoke, Virginia 24015 Dear Mrs. Borling: Please be advised that the City will be installing Stop signs on Carter Road at its intersection with Avenel Avenue on or before Tuesday, February 16, 1993. You will be advised if anything arises which will affect our schedule for this work. This item will be removed from City Council's agenda. If you have any further questions concerning this matter, I would invite you to contact the City's Director of Public Works, Mr. William F. Clark, at 981-2741. Sincerely, W. Robert Herbert City Manager WRH:WFC:pr cc: ~d~r. William F. Clark, Director of Public Works Mr. Robert K. Ben~tson, Traffic Engineer Room 364 Municipal Building 215 Church Aveque. S W Roanoke. Virginia 24011-1591 ~703) 981-2333 CITY ccd _2 D~,)O,~i~je of the City Manager February 8, 1993 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Council Members: SUBJECT: Carter Road, S. W. At your meeting on January 11, 1993, Council heard a request from Mr. Jonathan M. Apgar, spokesman for residents of Carter Road, S. W., for STOP signs on this residential street, between Brandon Avenue and Grandin Road. Council referred this request to the City administration with a suggestion that a report be brought back to Council at your meeting on February 8, 1993. For the past several weeks, representatives of the City administration have been attempting to arrange a meeting with Mr. Apgar and residents of the Carter Road neighborhood to discuss the request for STOP signs. To date, we have been unable to arrange a meeting, and I would very much like to have that meeting conducted before returning to City Council with my final report. Respectfully, W. Robert Herbert City Manager WRH:WFC:pr CC.' Mr. William F. Clark, Director of Public Works Mr. Jonathan M. Apgar, 2319 Carter Road, S. W., Roanoke, VA 240]5 Room 364 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 MARY F, P~RKER CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk January 14, 1993 File #20-66 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of a petition signed by residents of Carter Road and Laburnum Avenue, S. W., with regard to installation of stop signs at the intersections of York, Avenel and Laburnum Avenues, S. W., and specifically at the Avenel Avenue intersection, which petition was before the Council of the City of Roanoke at a regular meeting held on Monday, January 11, 1993. On motion, duly seconded and unanimously adopted, the matter was referred to you for report at the rei~lar meeting of Council to be held on Monday, February 8, 1993, at 7:30 p.m. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. Jonathan M. Apgar, 2319 Carter Road, S. W., Roanoke, Virginia 24015 Ms. Nannette Berling, 2205 Carter Road, S. W., Roanoke, Virginia 24015 MARY F. P~ER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (703) 981-2341 SANDRA H. EAKIN D~put y City Clerk February 12, 1993 File #67-80 Mr. Kenneth C. King, Jr., Chairperson Virginia Amateur Sports, Inc. 412 Shenandoah Building Roanoke, Virginia 24011 Dear Mr. King: On behalf of the Mayor and Members of the Roanoke City Council and the City Manager, I would like to take this opportunity to express appreciation to Virginia Amateur Sports, Inc., for the sweatshirts which were presented at the regular meeting of Council on Monday, February 8, 1993, in commemoration of the Commonwealth Games of Virginia. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm VIRGINIA AMATEUR SPORTS, INC. JAil 29 P3:31 412 Shenandoah Building Roanoke, Virginia 24011 (703) 343-0987 FAX (703) 343-7407 SPONSOR OF January 28, 1993 Mary Parker, Clerk City of Roanoke 215 Church Avenue, S.W. Roanoke, Virginia 24011 RE: FEBRUARY 8, 1993 CITY COUNCIL MEETING Dear Ms. Parker: I hereby request five minutes on the agenda for a communication from Virginia Amateur Sports regarding the Commonwealth Games to members of City Council at its February 8, 1993 meeting. Very truly yours, VIRGINIA AMATEUR SPORTS, Ken , Jr. Chairman INC. KCK/tgm c: Peter Lampman, Executive Director Virginia Amateur ~ .... ~- ~ i~c. VIRGINIA AMATEUR SPORTS, INC. SPONSOR OF January 26, 1993 The Bonorable David A. Bowers Members of the Roanoke City Council Room 452, Municipal Building Roanoke, Virginia 24011 Dear Kayor Bowers, Mrs. Bowles and Gentlenen, Virginia Amateur Sports would like to thank the City of Roanoke for your support of the Connonwealth Games of Virginia, since its inception. The City of Roanoke took a bold step forward in 1989 when it l~gan to support statewide, Olympic-style games in Virginia. With the steadfast support from the City of Roanoke and many in the Roanoke Valley, Virginia Amateur Sports has been able to promote a premier sporting event in Roanoke for all Virginians. Roanoke's financial support of $30,000.00 and in-kind services worth more than $20,500.00 has e~anced our ability to create the Commonwealth Games of Virginia for her amateur athletes, and the citizens of Roanoke. From registration in Downtown Roanoke, to the Opening Ceremonies at Victory Stadi~ on Friday night, through the competition at venues held throughout the city, Boanoke's support is very evident. The Games have been overwhelmingly successful. From a modest beginning, we anticipate this years games will have twice the number of sports and twice the athletes who participated in the first year. ~he dream has become a reality with help from folks like you. Thank you for your continued support. As in the past, we need your continued support. A list of our needs for this year is attached. On behalf of the board of directors, staff, volunteers, the thousands of athletes who participate, and the citizens of Roanoke, please accept our "Thanks" for your thonghfful support. Sincerely, Virginia Amateur Sports, Inc. Kenneth C. King, Jr. Board of Directors, Chairman Peter R. Lampmun Executive Director VIRGINIA AMATEUR SPORTS, INC. 412 Sher, andoan B~,id,~,g Roanoke V~rgm~a2401 (703) 343 £98 FAX 703} 343 -;, - CITY OF ROANOKE STATEMENT OF NEEDS Facilities - Roanoke Civic Center, James Madison Jr. High School, Patrick Henry High School, Victory Stadium, Market Place, Roanoke Regional Airport, Victory Stadium, Mill Mountain, Riders Edge Complex, Fallon Park, Crystal Spring Park, Wasena and Smyth Park Support Services - Downtown Roanoke, Inc. (Registration assistance), Roanoke City Parks & Recreation Department (Staff support, Opening Ceremonies, cook out, facilities and sport venues support) Technical Services Engineering Department (Assembly Permits) Marketing - Letter from Mayor Bowers assisting Virginia Amateur Sports to secure in-kind services from Roanoke Times & World News at the original level of support ($25,000) - City Council resolution declaring the week of July 11-18 as Commonwealth Games of VA Week Inviting a country of a Sister City to make Roanoke a mid-point stop in route to the Olympics for practice and exhibition Participating in special events and opportunities to recognize local government's support Financial -Continued financial support SPONSOR OF ,., GINIA AMATEUR SPORTS, INC. 412 Shenandoah Building Roanoke, Virginia 24011 (703) 343-0987 FAX (703) 343 7407 SPONSOR OF Comonwealth Games of Virginia WA T~AI)ITION OF EXCELLIglCE" Virginia Amateur Sports, Inc, founder and sponsor of the Commonwealth Games of Virginia, will be holding its fourth annual statewide sports festival in the Roanoke Valley during the weekend of July 15-18, 1993. This quality multi-sport event is recognized and sanctioned by the National Congress of State Games and the United States Olympic Committee. The Commonwealth Games of Virginia were instituted in July 1990 to promote and recognize the effort of the amateur athletes across Virginia in all ages and demographic areas. The Games are a multi sport event often referred to as a sport festival involving Olympic and non-Olympic sports. This concept fosters grassroots participation of all ages and skill levels. The 40 or so State Games across America promote health, fitness, and the camaraderie of competition within the Olympic tradition. The success of these Games has been immeasurable. This past June 6,400 athletes traveled to the Roanoke Valley to compete in 32 sports, bringing our three-year total to over 16,000 athletes. In 1993 competition will be held once again in the Roanoke Valley in 40 sports, giving the athletes a wide selection of choices to compete. Many athletes may cross train and compete in one sport on one day and a different sport the next day. To continue our TRADITION OF EXCELLENCE, VAS and the Roanoke Valley must expand on the foundation that has been established and proven successful. To reach the next level of success, we must develop and implement a strong coordinated effort to market the Games in order to give the corporations, businesses and community an ownership value in the success of the Games. ~ .GINIA AMATEUR SPORTS, INC. 412 Shenandoah Building Roanoke. Virginia 24011 (703) 343-0987 FAX (703) 343 7407 SPONSOR OF What: When: Where: Who: Affiliations: Funding: Sports: Kickoff: COMMONWEALTH GAMES OF VIRGINIA 1993 FACT SHEET An Olympic-style sports festival for Virginia's amateur athletes of all ages and skills. July 15- 18, 1993 Sporting venues throughout the Roanoke Valley and surrounding communities. Venues will extend from Lynchburg and Waynesboro to Smith Mountain Lake and Salem. VAS was named the official organizer of the State Games by Governor Wilder as recommended by the Virginia Governor's Commission on Sports and Physical Fitness. The Commonwealth Games are a sanctioned member of the National Congress of State Games. The Commonwealth Games are recognized by the United States Olympic Committee, Virginia High School League, National Collegiate Athletic Association, and by many of the national governing bodies. Local Governments, Corporate Sponsors, and Registration Fees Archery, Badminton, Baseball, Basketball, Bowling, Chess, Cycling, Disc Golf, Equestrian, Fencing, Golf, Gymnastics, Handball, Horseshoes, Judo, Karate, Lacrosse, Powerlifting, Racquetball, Road Race (5K and 1-Mile Fun-Run), Roller Skating, Sailing, Shooting, Soap Box Derby, Soccer, Softball (slow- and fast-pitch), Swimming, Synchronized Swimming, Table Tennis, Tennis, Track & Field, Triathlon, Ultimate Fdsbee, Volleyball, Water Polo, Water Skiing, and Wrestling. Opening Cermonies will be Friday, July 16, 1993 at 8:00 PM at Victory Stadium. Join in the celebration of our parade of athletes and lighting of the torch. Volunteers: To volunteer, call 703/343-0987 or 800/333-8274 1992 COMMONWEALTH GAMES OF VIRGINIA ECONOMIC IMPACT ANALYSIS I. Methodology The methodology used for estimating the economic impact of the 1992 Commonwealth Games of Virginia is one that is presented by the American Economic Development Council at their professional seminars. Total visitor expenditures, as well as estimates of room nights and tax revenues are presented. Several assumptions were made regarding the number of visitors that attended the Commonwealth Games in 1992. Total visitors were counted at a ratio of 1:3 with each athlete bringing an additional three spectators (i.e. coaches, family members, friends). The average length of stay for overnight purposes were determined by reviewing the days devoted to each individual Games event and assigning either a day, days or portion thereof to each event. These were averaged for the entire Games giving a figure of 2.14 days as the average length of stay. The Roanoke Valley Economic Development Partnership indicates that $139.75 is the cost of an overnight's travel in the Roanoke Valley. Day travelers spend less than overnight visitors. The Roanoke Convention and Visitors Bureau indicates that $15.00 is a typical figure for expenditures by a day traveler. II. Ecomonic Impact of 1992 Commonwealth Games The total estimated expenditures of the Commonwealth Games is $4,201,532.32 based on estimated expenditures from all Games events throughout the state of Virginia and involving athletes and spectators. III. Regional Multiplier and Turnover There are various types of regional multipliers for value added, employment and payroll/earnings. There is insufficient regional data available to be able to determine the value added or output from the Commonwealth Games. However, a turnover model used from Iowa was applied to indicate the extent or turnover effect of the expenditures of $4,201,532.32 from the Commonwealth Games. A $1.00 spent turns over five (5) times in the local economy at a decreasing rate such that the full impact is $1.66. For example, total expenditures from the Commonwealth Games times 1.66 equals $6,974,543.65 in full expenditures in the local economy. 1992 COMMONWEALTH GAMES OF VIRGINIA ECONOMIC IMPACT STATISTICS I1. III. Direct Visitor Expenditures ao fo ko number of athletes that stayed overnight number of spectators that stayed overnight (1:3 ratio) average length of stay estimated average daily expenditures estimated overnight visitor expenditures (a+bxcxd) number of day athletes number of day spectators (1:3 ratio) number of day volunteers estimated average daily expenditures estimated day visitor expenditures (f+g+hxi) estimated total visitor expenditures (e + j) Regional Multiplier and Turnover turn-over effect to local economy "see report full local economy economic impact (k x m) Estimated Sales Tax Revenues percentage taxable sales local sales tax rate estimated local sales tax (kxnxo) 3232 9696 2.14 $139.75 $3,866,312.32 5,212 15.636 1,500 $15.00 $335,220.00 $4,201.532.32 $1.66 $6,974.543.65 100% 4.5% $189,068.95 total visitor related tax revenues $189,068.95 WISH LIST FOR 1993 COMMONWEALTH GAMES OF VIRGINIA as of December 7, 1992 $25,000 in corporate funding -$5,000 for Games program -$3,000 for application printing -$10,000 mailing of applications -$5,000 VIP Recognition reception -$2,000 volunteer recognition donated copying , donated moving truck for 4 days donated food for Cook-out (hot dogs, buns, chips, ice-cream, drinks, etc.) donated lap-top MS DOS computer with portable pdnter for 5 days donated Macintosh SE computer with keyboard for month IBM compatible PC Laser printer Sponsor for 1993 Winter Games Sport Sponsors for 1993 Winter Games additional copier office furniture (desk chair, conference room chairs, shelves, etc.) Electric Stapler Advertising in newspapers postage meter office supplies (especially copy paper) 02/03/93 09:55 ~703 9; ~' ,~,.,v FLENING H.S. ADDRESS TO CITY COUNCIL, FEBRUARY 8, 1993 by Mason Powell, Executive vice-president of the Roanoke Education Association and Resident of Roanoke City, 2225 Yellow Mountain Road, SE, 24014 Mayor Bowers, distinguished members of City Council, fellow citizens: It has been my elected duty as REA Salary Chair to remind you of the human beings employed by your school system. Past salary increases make those who work on the front lines feel we are not receiving adequate and equitable financial attention from the leaders of our city. Our salaries should adequately reflect our increasing responsibilities in modem society and should offset the ravages of inflation! In my January 1 lth address to this body, in a misguided attempt to help administration locate funds that might be applied to salaries, I complained of hundreds of thousands of dollars wasted within the system. I apologize for having misspoken. That statement was the result of perceptions relayed to me by educators speaking as individuals; I have no hard data to support any total dollar mount. Individual teachers are not privy to the global information needed to evaluate the usefulness of a particular program system-wide; they can and should only speak to their particular situation. I feel that it is the job of administration and school board to evaluate programs, using individual teacher input (without fear of recrimination), and other appropriate data, to properly evaluate where money is being used to best advantage. We continue to appreciate your efforts to pick up some of the slack created by federal and state inadequacies in funding public education. The latest word from Richmond is that the House is looking at only $165,875 for Roanoke education, with a mandated 2% raise for classroom teachers. The Senate is looking, instead, at $302,118 - or a 3.1% raise for positions the state funds. This figure will also probably approximate a possible 2% for classroom teachers, but the allocation of the funds to employee salaries is not mandated at all! In other words, we can again expect little help from the state. I must continue to remind you that, during the last twelve years, Roanoke City teachers have fallen from first to last place locally in average salaries. Some of us, as individuals, have plunged to 71st in the state out of t33 places. Willyou promise to commit Roanoke City to adequate school employee pay? We are confused, We are entering a period of national economic recovery. Although our administration has previously said that we deserved almost ten percent, and our school board lead. rs are apparently looking for at least seven percent, we hear that we may only receive a one-to-two percent raise for next year! This may he tree if you do not continue your recent efforts to maintain and increase employee salaries. We feel that our school board will do its best to include adequate salaries in the budget, but they will be limited by law to ask for no more than you will fund. We appeal to you to insure that funds you allocate to the school budget include amounts for adequate and fair employee raises. We also ask you to recommend that those funds be used to give front-line employees ra~b~e careful consideration! Mayor Bowers has said that the city does not need a tax increase to fund its upcoming budget. Please fund the school budget with adequate amounts to treat us fairly! Show us your faith and trust that we are the best educational system in the valley by guaranteeing us the best local wages; wages that are commensurate to our increasingly complex duties and responsibilities! NL~RY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aw*nue, S.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-2~1 SANDRA H. EAK1N Deputy City Clerk February 12, 1993 File #514-77-20 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31338-020893 authorizing you to submit a street inventory for State maintenance payment eligibility to the Virginia Department of Transportation, upon forms prescribed by the Department of Transportation for approval by the Commonwealth Transportation Board, in order to ensure the City's eligibility for an increase in State maintenance funds, as set forth in your report and attachments under date of February 8, 1993. Resolution No. 31338-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc.' Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. William F. Clark, Director, Public Works Mr. William L. Stuart, Manager, Streets and Traffic Mr. Robert K. Bengtson, Acting Manager, Signals and Alarms Mr. Charles M. Huffine, City Engineer IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of February, 1993. No. 31338-020893. A RESOLUTION authorizing the City Manager to submit a street invento, ry for State maintenance.payment eligibility to the Virginia Department of Transportation (VDOT), upon forms prescribed by VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for an increase in State maintenance funds. WHEREAS, the Code of Virginia (1950), as amended, establishes eligibility criteria for localities for receiving funds from VDOT for street maintenance purposes; and WHEREAS, inventory additions are required to be submitted to VDOT prior to April 1, 1993, in order to be eligible for payment for the next fiscal year. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is authorized to submit inventory additions to VDOT for approval by the Commonwealth Transportation Board in order to ensure the City's eligibility for additional State street maintenance funds, as set forth in the City Manager's report and its attachments, dated February 8, 1993. ATTEST: City Clerk. E~.CE~, ~ [',1 T'¢ '~' ' '- Roanoke, Virginia "93 FEB 8, 1993 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: SUBJECT: Background: Street Inventory for State Maintenance Payment Eligibility Code of Virginia establishes the eligibility criteria of localities for receiving funds from the Virginia Department of Transportation (VDOT) for street maintenance. It specifies two functional classifications of highways (Principal/Minor Arterials and Collector/Locals) and establishes a base payment rate per lane mile for each classification of roadway. These rates are adjusted annually by VDOT based upon a statewide maintenance index of unit costs for labor, equipment and materials used by VDOT on roads and bridges. ~ity eligibility for fiscal year 1992-93 is approximately $6,137,440 in street maintenance payments from VDOT. These funds are used for many maintenance expenditures that the City incurs for streets, sidewalks, curb and gutter, traffic signals, bridges, signs and pavement markings. II. Current Situation: Inventory additions need to be submitted to VDOT prior to April 1, 1993, in order to be eligible for payment for the next fiscal year. These additions are to be submitted on VDOT forms with an accompanying resolution from City Council. III. B. City staff has found that the attached list of streets should be submitted to VDOT before April 1, 1993, to enable their eligibility for payment in the next fiscal year. Approval of this addition to the street inventory could add $4,643 at current year payment rates. These changes have all occurred within the past year. Issues: A. Maintenance payments B. Timing Members of City Council Page 2 IV. Alternatives: Authorize the City Manager to submit the attached list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. 1. Maintenance payments from VDOT could increase by as much as $4~643 with the State's approval of this list. Timinq is important inasmuch as this list must be submitted to VDOT (Salem Resident Engineer) by April 1, 1993. Do not authorize the City Manager to submit the attached list of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. Vt 2. Timinq is not an issue. Recommendation is that City Council Manager to submit the attached list Maintenance payments from VDOT are not increased. authorize the City of streets to the Virginia Department of Transportation for approval by the Commonwealth Transportation Board to enable State Maintenance Payment eligibility. Respectfully submitted, W. Robert Herbert City Manager WRH:RKB:jrm Attachments: Street Listing Map copy: Director of Finance City Attorney Director of Public Works City Engineer "Request SUMMARY OF ATTACHED FORMS U-! for Street Additions/Deletions/Corrections for Municipal Assistance Payments" ADDITIONS PRINCIPAL/MINOR ARTERIALS 0.92 Lane Miles COLLECTOR/LOCALS 0.06 Lane Miles DELETIONS PRINCIPAL/MINOR ARTERIALS COLLECTOR/LOCALS 0.46 Lane Miles 0 Lane Miles App. No. 2-9 ~ m m suo!~!PP¥ suo!~aia~ MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28=29-223=330=458-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, City Clerk CMC/AAE MFP: sm Eric. pc: Mr. G. E. Launey, Accounting Manager, Appalachian Power Company, P. O. Box 2021, Roanoke, Virginia 24022 Mr. Roger L. Baumgardner, Vice President, Roanoke Gas Company, P. O. Box 13007, Roanoke, Virginia 24030 Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. W. Robert Herbert February 12, 19~3 Page 2 pc: Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Jesse H. Perdue, Jr., Manager, Utility Line Services Mr. M. Craig Sluss, Manager, Water Department Mr. William F. Clark, Director, Public Works Mr. Charles M. Huffine, City Engineer MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virsinia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Brookside Golf Course 6303 Williamson Road, N. W. Roanoke, Virginia 24019 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Mr. William S. Dowdy 2759 Gardner Drive Salem, Virginia 24153 Dear Mr. Dowdy: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of reai estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appaiachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offel~ed by the City; providing for the City's acquisition of said reai estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, City Clerk MFP:sm Eno. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Mr. Douglas W. McDaniel, Sr. 15 Verndale Drive, N. E. Roanoke, Virginia 24019 Dear Mr. McDaniel: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eric. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2J41 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. and Mrs. Devin L. Higgs 5127 Florist Road, N. W. Roanoke, Virginia 24012 Dear Mr. and Mrs. Higgs: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMCFAAE City Clerk MFP: sm Enc. ~Y F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Branch & Associates 1314 Riverland Road, S. E. Roanoke, Virginia 24014 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/~AE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Mr. Robert Wayne Kennedy 1260 Riverland Road, S. E. Roanoke, Virginia 24014 Dear Mr. Kennedy: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223~330-458-468 Ms. Linda B. Meador 4220 Forest Road, S. W. Roanoke, Virginia 24015 Dear Ms. Meador: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appaiachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, City Clerk MFP: sm Eric. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I Telephone: (703) 981-2~41 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. and Mrs. John P. Law 422 Dexter Road, N. W. Roanoke, Virginia 24019 Dear Mr. and Mrs. Law: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, E City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Ronnoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. F..AI~N Deputy City Clerk February 12, 1993 File #2-28-29-223-330=458-468 Mr. John Hubbard Chief Executive Officer Roanoke Valley Resource Authority 3433 Brambleton Avenue, S. W. Roanoke, Virginia 24018 Dear Mr. Hubbard: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (70~) 981-2541 SANDRA H. EAK1N Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. and Mrs. George W. Wilkerson 7649 Keaton Road, N. E. Roanoke, Virginia 24019 Dear Mr. and Mrs. Wilkerson: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appaiachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeai of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F.~rker, City Clerk MFP: sm Eric. MA~Y F. pA~k~ City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Mr. and Mrs. Bernard R. Stover 8734 Plantation Road, N. W. Roanoke, Virginia 24019 Dear Mr. and Mrs. Stover: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F/Parker, CMCJ/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (?03) 981-2~41 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. Clinton L. Pultz 8338 Carvins Cove Dam Road, N. W. Roanoke, Virginia 24019 Dear Mr. Pultz: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMCfAAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/A,ad~ CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 T~R~epanOke, Virginia 24011 hone: (703) 981-2541 February 12, 1993 SANDRA H. EAK1N Deputy City Clerk File #2-28-29-223-330-458-468 Mr. Malcolm G. Roop Real Estate Agent Real Estate Management Norfolk Southern Corporation 185 Spring Street, S. W. Atlanta, Georgia 30303 Dear Mr. Roop: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appaiachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the marling of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. MFP: sm Sincerely, Mary F. ~Parkev, CMC/AAE City Clerk Enc. MARY F. PARk'F~R City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 213 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. Raymond B. Huff man 7820 Lila Drive, N. W. Roanoke, Virginia 24019 Dear Mr. Huff man: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. ~Parker, E City Clerk MFP: sm Ene. MARY F, P~qKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. H. L. Lawson, President H. L. Lawson and Son P. O. Box 13566 Roanoke, Virginia 24035 Dear Mr. Lawson: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., R~om 456 Roanoke, Vir~inie. 24011 Telephone: (703) ~1-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Dr. Daniel Hoback 7533 Williamson Road, N. W. Roanoke, Virginia 24019 Dear Dr. Hoback: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm F, nc, MARY F. PA~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (?03) 981-2341 SANDRA H. EAKIN I~puty City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mrs. R. Douglas Nininger 630 Parkdale Drive Salem, Virginia 24153 Dear Mrs. Nininger: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeai of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F~ Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKE~ City Clerk. CMC/AA~ 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 February 12, 1993 File ~2-28-29-223-330-458-468 Mr. and Mrs. Larry T. Hill 7535 Williamson Road, N. E. Roanoke, Virginia 24019 Dear Mr. and Mrs. Hill: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, y F. Parke~,/C~C/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vir~nia 24011 Telephone: (70]) 981-2~41 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Ms. Avis Marie Myers 7704 Friendship Lane, N. E. Roanoke, Virginia 24019 Dear Ms. Myers: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2=28-29-223-330-458-468 Mr. Danny R. Myers 7772 Friendship Lane, N. E. Roanoke, Virgirda 24019 Dear Mr. Myers: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appaiachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Hollins College Corporation P. O. Box 9658 Roanoke, Virginia 24020 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appaiachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 98 I-2~41 SANDRA H. EAKIN D~put y City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. J. D. Fralin P. O. Box 5037 Roanoke, Virginia 24012 Dear Mr. Fralin: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CNIC/AAE City Clerk MFP: sm Eno o MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Vffginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. William W. McClammer 548 Dexter Road, N. W. Roanoke, Virginia 24019 Dear Mr. McClammer: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMU/AAE City Clerk MFP: sm Eric. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4~6 Roanoke, Virginia 24011 Telephone: (?03) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Ms. Louzelle C. Self 538 Dexter Road, N. W. Roanoke, Virginia 24019 Dear Ms. Self: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Mr. and Mrs. Richard Brooks 532 Dexter Road, N. W. Roanoke, Virginia 24019 Dear Mr. and Mrs. Brooks: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (70~) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-28-29-223-330-458-468 Mr. and Mrs. Robert D. Chapman 526 Dexter Road, N. W. Roanoke, Virginia 24019 Dear Mr. and Mrs. Chapman: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Erie. MARY F. PARKER City Clerk, CMC/AAE 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 February 12, 1993 File #2=28-29-223=330-458-468 Mr. Dick A. Cook 7403 Williamson Road, N. E. Roanoke, Virginia 24019 Dear Mr. Cook: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of veal estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, C~/AAE City Clerk MFP:sm Enc o MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Tel~hone: (703) 981-254! SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2=28-29-223-330-458-468 Ms. Ethel I. Snyder 520 Dexter Road, N. W. Roanoke, Virginia 24019 Dear Ms. Snyder: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said reai estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, City Clerk MFP: sm Enc. MARY F. PAI~KI~ City Clerk, CMC/AAE 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 February 12, 1993 File #2-28=29-223-330=458=468 L. P. Kansiana Associates 7215 Williamson Road, N. W. Roanoke, Virginia 24019 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. l~arker, City Clerk CMC/AAE MFP: sm gnc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Ronnoke, Vir~uia 24011 Telephone: (703) 981-2541 Deputy City Clerk February 12, 1993 File #2-28-29-223-330=458-468 Vaks, Ltd. 504 Dexter Road, N. W. Roanoke, Virginia 24019 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc o MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Vffg~n~a 24011 Telephone: (703) 9BI-2541 SANDRA H. EAKIN l~puty City Clerk February 12, 1993 File #2=28=29=223=330-458=468 Mr. Adolphus R. Simpson Mr. Leo S. Simpson 430 Dexter Road, N. W. Roanoke, Virginia 24019 Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeai of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, C City Clerk MFP:sm Enc. MARY F. PA~K~R City Clerk, CMC/AAE 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 February 12, 1993 File #2-28-29-223-330-458-468 Industrial Development Authority of Roanoke County 7121 Williamson Road, N. W. Roanoke, Virginia 24019 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain Hmit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. ~arker, CMC/AAE City Clerk MFP: sm Eno o MARY F. PARKER City Clerk. CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (703) 951-25~Sl February 12, 1993 SANDRA H. EAKIN Deputy City Clerk File #2.28-29-223-330-458-468 Friendship Manor Apartment Village Corporation 6910 Williamson Road, N. W. Roanoke, Virginia 24019 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit · ' o be offered by the City; provi.ding for the C. ity's acquisition on the consideration t ...... n .... ~*ain circumstances, authorizing the of said real estate by conaemnauon, unu~r ~- City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. ~arker, c~AAAE City Clerk MFP: sm Eno. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2~011 Telephone: (70~) 981-2~,1 February 12, 1993 SANDRA H. FAg, IN Deputy City Clerk File #2.28-29-223-330-458-468 Mr. Stanley Birckhead 1513 Ashley Drive Salem, Virginia 24153 Dear Mr. Birckhead: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for constr~ction of the Carvins Cove Filter Plant Improvements, phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. ~Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of February, 1993. No. 31339-020893. VIRGINIA, AN ORDINANCE providing for the acquisition of real estate needed by the City for the construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manger to enter into permits and agreements needed by the City for the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; providing for repeal of Ordinance No. 31223-102692; and providing for an emergency. BE IT ORDAINED by the Council of the Cit~ of Roanoke that: 1. For the consideration of the Carvins Cove Filter Plant Improvements, Phase I and II, including various waterlines needed by the City, the City wants and needs forty-seven (47) easements, together with temporary construction easements and rights of ingress and egress, fee simple title to one (1) parcel of real estate, three (3) Norfolk Southern permits, agreements with Appalachian Power Company, and agreements with Roanoke Gas Company, listed in the report of the City Manager to this Council on this subject, dated February 8, 1993, on file in the Office of the City Clerk. The proper City officials are authorized to acquire for the City from the respective owners the necessary easements with appropriate ancillary rights with respect to the forty-seven (47) parcels and the fee simple title to one (1) parcel, for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. The City Manager is authorized to execute three (3) Norfolk Southern permits, agreements with Appalachian Power Company, and agreements with Roanoke Gas Company. All requisite documents shall be upon form approved by the City Attorney. 2. The City Manager is directed to offer on behalf of the City to the owners of each of the aforesaid parcels, Norfolk Southern Corporation, Appalachian Power Company, and Roanoke Gas Company, such consideration as he deems appropriate for the necessary interests, provided, however, the total consideration offered or expended shall not exceed $180,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, permit or agreement, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the owners of the interest conveyed, be entitled to the same. respective consideration to the certified by the City Attorney to 3. Should the City be unable to agree with the owner of any real estate over which an easement is required or with the owner of the parcel to be acquired in fee simple or should any owner be a person under a disability and lacking capacity to convey real estate or should the whereabouts of the owner be unknown, the City Attorney is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate real estate. 4. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for entry of an order, pursuant to S25-46.8, Code of Virginia (1950), as amended, granting to the City a right of entry for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to drawn and pay into court the sums offered to the respective owners. 5. The City Clerk is directed to mail a copy of this ordinance to each property owner identified on the list attached to the report of the City Manger to this Council, dated February 8, 1993. 7. municipal ordinance shall be in Ordinance No. 31223-102692 is hereby REPEALED. In order to provide for the usual daily operation of the government, an emergency is deemed to exist, and this full force and effect upon its passage. ATTEST: City Clerk. f.:ITY '93 FE 3 -4 Roanoke, Virginia February 8, 1993 Honorable Mayor & Members of City Council Roanoke, Virginia SUBJECT: Carvins Cove Filter Plant, Phase I & II Water Line Land Acquisition Dear Members of Council: I. Background: ae Construction Contract has been awarded to Crowder Construction for the Phase I work at the Carvins Cove Filter Plant, which includes all improvements at the Filter Plant site and the Carvins Cove dam. However, the contractor has been instructed to avoid certain portions of the project until several land acquisition issues are resolved. Final plans for Phase II (Waterline Improvements) are under final review by the State Health Department. Roanoke City Council approved the acquisition of 65 parcels needed for the Carvins Cove Filter Plant Improvements on October 26, 1992. In addition, Council authorized the transfer of $250,000 for land acquisition expenses. II. Current Situation: The Virginia Department of Transportation placed a number of restrictions on our Land Use Permits for construction within VDOT's right of way that forced the City to realign portions of the waterline in Roanoke County. This relocation requires the acquisition of parcels not originally authorized by City Council. In addition, City Staff reviewed the number of temporary easements originally required and was able to reduce the overall number of easements required. Norfolk-Southern Corporation Permits are required for several railroad crossings. These permits require annual payments to the railroad for the use of their right of way, and City Council authorization of permits is required. Page 2 C. Plats developed for the Phase I easement~ identified an Appalachian Power Easement and a Roanoke Gas Company Easement. These easements require the City to execute an agreement with Appalachian Power and Roanoke Gas. The agreements require City Council authorization for the City Manager to execute. III. Issues: A. Need: B. Cost to City: C. ~egal: IV. ~lternatives: City Council approve acquisition of 47 easements and on,, (1) fee simple parcel, and authorize the City Manager tw execute three (3) Norfolk-Southern Permits and agreement~ with Appalachian Power Company and Roanoke Gas Company in forms approved by the City Attorney. Ail easements required are reflected on the attached list. Need for improvements to the Plant has been documented in and Craig. Carvins Cove Filter a report by Mattern Cost to the City is as outlined in the October 26, 1992 report to City Council and available in Account Number 002-056-8365-9001, Carvins Cove Plant Expansion Property Acquisition. a. Appraisals: $40,000 b. Administration $30,000 c. Real Estate Cost $1807000 Total: $250,000 3. Legal language in the Norfolk-Southern, Appalachian Power and Roanoke Gas Company agreements requires indemnification by the City of Roanoke if construction or maintenance of our waterline within their easements causes damage to their facilities. City Council shall not authorize the acquisition of 41 easements and one (1) Fee Simple parcel, and noN. authorize the Cit~_ Manager to execute ~_ermits with Norfolk-Southern and a__qreements with A_pJ~alachian Powder and Roanoke Gas Com_~p_9~,y. Page 3 Need for improvements to the Carvins Cove Filter Plant has been documented in a report by Mattern and Craig. Without authorization from City Council, certain key components of the overall project would have to be eliminated. Cost to the City would be as outlined above. Leqal problems could arise from portions of the construction contract already approved with Crowder Construction Company that requires permission from Appalachian Power and Roanoke Gas Company. Recommendation: Alternative A. Approve acquisition of 47 easements and one (1) Fee Simple parcel outlined on the attached list, and authorize the City Manager to execute, in forms approved by the City Attorney, permits with Norfolk-Southern Corporation and agreements with Appalachian Power Company and Roanoke Gas Company. Respectfully submitted, W. Robert Herbert City Manager KBK/JAP/jap Attachments cc: City Attorney Acting Director of Finance Director of Utilities and Operations Director of Public Works City Engineer Manager, Water Department Attachment I Easements: Botetourt County: 106-1-4 106-1-5 ~'Bernard R. & Sheila F. Stover ~Bernard R. & Sheila F. Stover Roanoke County: 18.00-1-2 18.18-3-10 18.18-3-4 18.18-3-5 18.18-3-5.1 18.18-3-3.1 27.07-1-4 27.00-1-1 27.10-6-5 27.11-3-3 27.11-3-6 27 11-4-11 27 11-2-6 27 11-2-7 27 11-2-8 27 11-2-9 27 11-2-10 27 11-2-11 27 11-2-12 27 11-2-13 27 14-3-4 27 14-4-4 27.14-3-7 27.14-3-8 27.14-3-9 27.14-3-10 27.14-3-3 27.18-2-16 38.06-7-1 38.06-8-2 38.06-9-1 38.06-8-1 38.11-1-29 38.11-1-2 38.15-1-1 38.15-1-3 38.15- 1-4 38.15-1-5 38.15-1-6 ~ Clinton L Pultz -George W. & Jearlden Wilkerson ~,Avis Marie Myers ~Avis Marie Myers ~Avis Marie Myers ~Danny R. Myers ~,Raymond B. Huffman ~Hollins College ~John P. & Leigh A. Law J. D. Fraltn Dr. Daniel Hoback ~John David Fralin WWilliam walker McClammer ~ouzelle C. Self ~ary J. & richard Brooks ~obert D. & Sandra Chapman wDick A. Cook ~Ethel I. Snyder ~'~Ethel I. Snyder ~VAKS LTD ,L. P. Kausiana Assoc. ,Adolphus R. & Leo S. Simpson , Stanley Birckhead . Stanley Birckhead ,Stanley Blrckhead ~ Stanley Birckhead ~ Industrial Dev. Auth. of Roanoke County ~J. D. Fralin ~-J. D. Fralin w Brookside Golf Course William S. Dowdy ~ Brookside Golf Course ~Douglas W. McDaniel, Sr. ~Devin L. & Nicha S. Higgs ~Friendship Manor Apt. Village Corp. ~-Friendship Manor Apt. Village Corp. ~Friendship Manor Apt. Village Corp. ~Friendship Manor Apt. Village Corp. ~Mrs. R. Douglas Nininger City of 3030405 3051109 4250104 4250101 4250102 4250103 Roanoke ~,Roanoke Valley Resource Authority ~ H. L. Lawson & Son vBranch and Associates ~Appalachian Power Company ~Appalachian Power Company ~,Robert Wayne Kennedy Fee Simple Property City of Roanoke 4440716 ~ Linda B. Meador MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2~41 February 12, 1993 SANDRA H. EAKIN Deputy City Clerk File #2-28-29-223-330-458-468 Ms. Linda B. Meador 4220 Forest Road, S. W. Roanoke, Virginia 24015 Dear Ms. Meador: I am enclosing copy of Ordinance No. 31339-020893 providing for acquisition of real estate needed by the City for construction of the Carvins Cove Filter Plant Improvements, Phase I and II; authorizing the City Manager to enter into permits and agreements with Roanoke Gas Company and Appalachian Power Company needed by the City for said improvements; authorizing the City Manager to fix a certain limit on the consideration to be offered by the City; providing for the City's acquisition of said real estate by condemnation, under certain circumstances; authorizing the City to make motion for the award of a right of entry on any of the parcels for the purpose of commencing the project; directing the mailing of this ordinance to the property owners; and providing for repeal of Ordinance No. 31223-102692. Ordinance No. 31339-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 8ANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #32=183-472-468-514 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 31341-020893 accepting the following bids received by the City for certain vehicular equipment: Quantity and Successful Purchase Description Bidder Price One new 1/2 ton, 4=wheel drive, full size pickup truck extended cab model Berglund Chevrolet, Inc. $ 14,928.64 One new 3/4 ton, cab/chassis, pickup trucks Pinkerton Chevrolet-Oeo, Inc. 12,330.88 Three new 3/4 ton, cab/chassis, pickup trucks Bergiund Chevrolet, Inc. 37,265.61 One new 1/2 ton, 4-wheel drive, full size pickup truck Bergiund Chevrolet, Inc. 13,750.68 Two new step vans Pinkerton Chevrolet-Oeo, Inc. 33,155.22 Two new mid size pickup trucks Magic City Motor Corporation 19,122.16 One new 3/4 ton cargo van Bergiund Chevrolet, Inc. 10,975.08 Mr. W. Robert Herbert February 12, 1~3 Page 2 Quantity and Successful Purchase Description Bidder Price One new 1/2 ton pickup truck Berglund Chevrolet, Inc. $ 10,931.36 Resolution No. 31341-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mr. James D. Grisso, Acting Director of Finance Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. D. Darwin Roupe, Manager, General Services Mr. William F. Clark, Director, Public Works Mr. Gary N. Fenton, Manager, Parks and Recreation Mr. William L. Stuart, Manager, Streets and Traffic 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, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 212 Church Avmue, S.W., Room 4~ Roanoke, Vir~nia ~4011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #32-183-468-472-514 Bevglund Chevrolet, Inc. Dominion Car Company Farrell Ford, Inc. Hart Motor Company Magic City Motor Corporation Pinkerton Chevrolet-Geo, Inc. Ladies and Gentlemen: I am enclosing copy of Resolution No. 31341-020893 accepting the following bids received by the City for certain vehicular equipment: Quantity and Successful Purchase Description Bidder Price One new 1 / 2 ton, 4-wheel drive, full size pickup truck extended cab model Bergiund Chevrolet, Inc. $14,928.64 One new 3/4 ton, cab/chassis, pickup trucks Pinkerton Chevrolet-Geo., Inc. 12,330.88 Three new 3/4 ton, cab/chassis, pickup trucks Bergiund Chevrolet, Inc. 37,265.61 One new 1/2 ton, 4-wheel drive, full size pickup truck Two new step vans Two new mid size pickup trucks Berglund Chevrolet, Inc. Pinkerton Chevrolet-Geo, Inc. Magic City Motor Corporation 13,750.68 33,155.22 19,122.16 10,975.08 One new 3/4 ton Bergiund Chevrolet, Inc. cargo van B'erglund Chevrolet, Inc. Dominion Car Company Farrell Ford, Inc. Hart Motor Company Magic City Motor Corporation Pinkerton Chevrolet-Geo, Inc. February 12, 1993 Page 2 Quantity and Successful Purchase Description Bidder Price Bergiund Chevrolet, Inc. $ 10,931.36 One new 1/2 ton pickup truck Resolution No. 31341-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bids on the abovedescribed vehicular equipment. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of February, 1993. No. 31341-020893. A RESOLUTION accepting bids for certain vehicular equipment, and rejecting other bids. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The bids in writing of the following named bidders to furnish to the City the items hereinafter set out and generally described, such items being more particularly described in the City's specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the purchase prices set out with each item: Quantity and Successful Purchase Description Bidder Price One (1) New 1/2 Ton, 4-Wheel Drive, Full Size Pickup Truck Extended Cab Model One (1) New 3/4 Ton, Full Size Pickup Truck Three (3) New 3/4 Ton, Cab/Chassis, Pickup Trucks One (1) New 1/2 Ton, 4-Wheel Drive, Full Size Pickup Truck Two (2) New Step Vans Two (2) New Mid Size Pickup Trucks One (1) New 3/4 Ton Cargo Van One (1) New 1/2 Ton Pickup Truck Berglund Chevrolet, Inc. Pinkerton Chevrolet- Geo, Inc. Berglund Chevrolet, Inc. Berglund Chevrolet, Inc. Pinkerton Chevrolet- Geo, Inc. Magic City Motor Corporation Berglund Chevrolet, Inc. Berglund Chevrolet, Inc. $ 14,928.64 $ 12,330.88 $ 37,265.61 $ 13,750.68 33,155.22 19,122.16 10,975.08 10,931.36 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase orders for the above-mentioned items, said purchase orders to be made and filed in accordance with the City's specifications, the respective bids made therefor and in accordance with this resolution. 3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED; notify each such bidder appreciation for each bid. and the City Clerk is directed to so and to express to each the City's ATTEST: City Clerk. MARY F, PAI~KF~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21 ~ Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (70~) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #32-60-183-468-472-514 Mr. James D. Grisso Acting Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 31340-020893 amending and reordaining certain sections of the 1992-93 Water Fund Appropriations, providing for the transfer of $14,929.00 from Retained Earnings Unrestricted to Vehicular Equipment - Capital Outlay, to provide funds for the purchase of certain vehicular equipment to be used by the Water, Street Maintenance and Building Maintenance Departments. Ordinance No. 31340-020893 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. Sincerely, Mary F. Parker, City Clerk MFP: sm Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director, Utilities and Operations Mr. M. Craig Sluss, Manager, Water Department Mr. D. Darwin Roupe, Manager, Generai Services Mr. William F. Clark, Director, Public Works Mr. Gary N. Fenton, Manager, Parks and Recreation Mr. William L. Stuart, Manager, Streets and Traffic Mr. James A. McClung, Manager, Fleet and Solid Waste Management Mr. Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of February, 1993. No. 31340-020893. AN ORDINANCE to amend and reordain certain sections of the 1992-93 Water Fun~ Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency exist. is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1992-93 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDronriations Capital Outlay $ 1,508,258 Capital Outlay (1) ................................... 1,508,258 Retained Earninas Retained Earnings - Unrestricted (2) ................. $17,859,710 1) Vehicle Equipment (002-056-2178-9010) $ 14,929 2) Retained Earnings Unrestricted (002-3336) (14,929) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this city Clerk. * RECF Roanoke, Virginia February 8, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Bids to Purchase Pickup Trucks and Vans, Bid No. 92-12-75 I. Background Capital Maintenance and Equipment Replacement Proqram has identified the need to replace pickup trucks and vans in various departments. December, 1992 specifications were developed and sent, along with request for quotations to nine (9) vendors listed on the City's bid list. A public advertisement was also published in the Roanoke Times and Roanoke Tribune. Bids were received, after due and proper advertisement until 2:00 p.m. on January 12, 1993 at which time all bids appropriately received were publicly opened and read in the Office of the Manager of General Services. Bid tabulation is attached. II. Current Situation Ail bids were evaluated in a consistent manner by representatives of the following departments. Public Works Fleet Management General Services B. Bids received were compared with units that currently exists on State Contract. Pickup Trucks and Vans Page 2 Bid No. 92-12-75 Bid evaluations are as follows: Item #1 - One (1) New 1/2 Ton Rated 4 Wheel Drive Full Size Pickup Truck Extended Cab Model for the Water Department. The lowest priced unit on State Contract has exceptions to our specification in limited slip differential, stabilizer bar and alternator. These exceptions are substantial and cannot be waived. The lowest bid meeting specifications is the bid submitted by Berglund Chevrolet, Inc. for a cost of $14,928.64. Item #2 - One (1) New 3/4 Ton Rated Full Size Pickup Truck for Street Maintenance Department. The lowest bid meeting specifications is the bid submitted by Pinkerton Chevrolet-Geo, Inc. for a cost of $12~330.88. Item #3 - Three (3) New 3/4 Ton Rated Cab/Chassis, One (1) for Street Maintenance Department, Two (2) for Building Maintenance Department. The lowest bid meeting specifications is the bid submitted by Berglund Chevrolet, Inc. for a cost of $12~421.87 each. Item #4 - Three (3) Utility Bodies to be mounted on Item #3. Only one bid was received. It has been determined that our specifications should be revised and these items be rebid at a later date. Item #5 - One (1) New 1/2 Ton Rated, 4-Wheel Drive, Full Size Pickup Truck for Street Maintenance Department. The lowest priced unit on State Contract has exceptions to our specifications in limited slip differential, stabilizer bar and bed liner. These exceptions are substantial and cannot be waived. The lowest bid meeting specifications is the bid submitted by Berglund Chevrolet, Inc. for a cost of $13,750.68. Item #6 Two (2) New Step Vans for Building Maintenance Department. The lowest bid meeting specifications is submitted by Pinkerton Chevrolet- Geo, Inc. One (1) unit is priced at $16~501.11. The second unit requires rollup rear door at a cost of an additional $153.00. The cost of the second unit will be $16~654.11. Pickup Trucks and Vans Page 3 Bid No. 92-12-75 III. IV. Item #7 Two (2) New Mid Size Pickup Trucks for Grounds Maintenance Department. The lowest bid, meeting specifications is the bid submitted by Magic City Motor Corporation for a cost of $9,561.08 each. Item #8 - One (1) New 3/4 Ton Rated Cargo Van for Building Maintenance Department. The lowest bid meeting specifications is submitted by Berglund Chevrolet, Inc. for a cost of $10~975.08. Item #9 - One (1) New 1/2 Ton Rated Pickup Truck for Grounds Maintenance. The lowest priced unit available under State Contract has exceptions to our specifications in limited slip differential, stabilizer bar and bed liner. These exceptions are substantial and cannot be waived. The lowest bid meeting specifications is the bid submitted by Berglund Chevrolet, Inc. for a cost of $10,931.36. Issues 1. Need 2. Compliance with Specifications 3. Fund Availability Alternatives Council provide for the purchase of the following vehicular equipment: One (1) New 1/2 Ton Rated, 4-Wheel Drive Full Size Pickup Truck Extended Cab Model for the Water Department from Berglund Chevrolet, Inc. for a total cost of $14~928.64. One (1) New 3/4 Ton Rated Full Size Pickup Truck for the Street Maintenance Department from Pinkerton Chevrolet-Geo, Inc. for a total cost of $12~330.88. Three (3) New 3/4 Ton Rated Pickup Truck Cab/Chassis, One (1) for Street Maintenance Department, Two (2) for Building Maintenance Department from Berglund Chevrolet, Inc. for a total cost of $37~265.61. Plckup Trucks and Vans Page 4 Bid No. 92-12-75 One (1) New 1/2 Ton Rated, 4-Wheel Drive Full Size Pickup Truck for Street Maintenance Department from Berglund Chevrolet, Inc. for a total cost of $131750.68. Two (2) New Step Vans for Building Maintenance Department from Pinkerton Chevrolet-Geo, Inc. for a total cost of $331155.22. Two (2) New Mid Size Pickup Trucks for Grounds Maintenance Department from Magic City Motor Corporation for a total cost of $19~122.16. One (1) New 3/4 Ton Rated Cargo Van for Building Maintenance Department from Berglund Chevrolet, Inc. for a total cost of $10~975.08. One (1) New 1/2 Ton Rated Pickup Truck for Grounds Maintenance Department from Berglund Chevrolet, Inc. for a total cost of $10~931.36. Need - Requested units are necessary to allow for more efficient and effective performance of assigned duties for those City Department identified above. Compliance with Specifications Ail units recommended in this alternative meets all required specifications. Fund Availability Funds for the purchase of the units identified in this alternative are available as follows: Item #1 - Water Department Retained Earnings Account. Ail other items - Fleet Management Account Reject all bids Need - Some required duties of the departments previously identified may not be performed in the most effective or efficient manner. Pickup Trucks and Vans Page 5 Bid No. 92-12-75 Recommendation ao Compliance with Specifications would not be a factor in this alternative. Fund Availability - Designated Funds for vehicle replacement would not be expended. Council concur with alternative "A" award the lowest responsible bids meeting specifications for the following vehicular equipment: One (1) New 1/2 Ton, 4-Wheel Drive Full Size Pickup Truck Extended Cab Model from Berglund Chevrolet, Inc. for a total cost of $14,928.64. One (1) New 3/4 Ton Full Size Pickup Truck from Pinkerton Chevrolet-Geo, Inc. for a total cost of $12,330.88. Three (3) New 3/4 Ton Pickup Truck Cab/Chassis from Berglund Chevrolet, Inc. for a total cost of $37~265.61. One (1) New 1/2 Ton 4-Wheel Drive Full Size Pickup Truck from Berglund Chevrolet, Inc. for a total cost of $13~750.68. Two (2) New Step Vans from Pinkerton Chevrolet-Geo, Inc. for a total cost of $33~155.22. Two (2) New Mid Size Pickup Trucks from Magic City Motor Corporation for a total cost of $19~122.16. One (1) New 3/4 Ton Cargo Van from Berglund Chevrolet, Inc. for a total cost of $10~975.08. One (1) New 1/2 Ton Pickup Truck from Berglund Chevrolet, Inc. for a total cost of $10~931.36. B. Reject all other Bids Pickup Trucks and Vans Page 6 Bid No. 92-12-75 cc: ADDroDriate $14,928.64 from Water Department Retained Earnings Account to Water Department Account 002-056-2178-9010 to allow for the purchase of Item #1. $137~530.99 is available in Fleet Management Account 006-052-2641-9010 for the purchase of the remaining units. Respectfully Submitted, W. Robert Herbert City Manager City Attorney Director of Finance Office of Management and Budget CITY OF ROANOKE OFFICE OF THE CITYATTORNI~ 4~ MUNICIPAL BUILDING ROANOKE, VIRGINIA 24011-1595 WILBURN C. DIBUNG, JR. CllrY A~TORNEY February 8, 1993 WILLIAM X PARSONS MARK ALLAN WILLIAMS STEVEN J. TAll=VI KATHLEEN MARIE KRONAU ASSISTANT CITY ATrORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Waiver of City residency requirement for Jack Loeb, Commissioner, City of Roanoke Redevelopment and Housinq Authority Dear Mrs. Bowles and Gentlemen: I have been advised by the City Clerk that Jack Loeb, Commissioner, City of Roanoke Redevelopment and Housing Authority, has moved his residence from the City. At the request of the City Clerk, I have researched this matter and find no bar to Mr. Loeb's continued service on the Board of the City of Roanoke Redevelopment and Housing Authority so long as City Council waives the City's residency requirement which is established by S2-281(b), Code of the City of Roanoke (1979), as amended. Since the Board of Commissioners exercises significant legal authorities, it is recommended that such waiver be memorialized by adoption of the attached resolution. With kindest personal regards, I am Sincerely yours, Wllburn C. Dibling, Jr. City Attorney WCD:f Attachment cc: Mr. Jack Loeb, Commissioner, RRHA Ms. Neva Smith, Executive Director, W. Robert Herbert, City Manager Mary F. Parker, City Clerk RRHA IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, A RESOLUTION waiving the requirement of City residency for Jack Loeb, a Commissioner of the City of Roanoke Redevelopment and Housing Authority. WHEREAS, the Council is advised that Jack Loeb, who was on September 17, 1990, appointed to a term as a commissioner of the City of Roanoke Redevelopment and Housing Authority expiring on August 31, 1994, has moved his residence from the City; and WHEREAS, the Council desires to retain the valuable services of Mr. Loeb as a Commissioner and to waive the requirement of City residency set out in S2-281(b), code of the City of Roanoke (1979), as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the requirement of City residency set forth in S2- 281(b), Code of the City of Roanoke (1979), as amended, is hereby waived as to Jack Loeb, commissioner, City of Roanoke Redevelopment and Housing Authority, with respect to his current term which expires August 31, 1994, Council having found specific reasons and unusual circumstances justifying such waiver. ATTEST: City Clerk. MARY F. pA.RKI~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 212 Church Avc~ue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) ~1-~41 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #2-166-207-468 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31328-020893 declaring the former "Conner House" located at 2920 Mason Mill Road, N. E., in the Roanoke Centre for Industry and Technology to be surplus to the City's needs, as more particniarly set forth in a report of the Water Resources Committee under date of February 8, 1993. Ordinance No. 31328-020893 was adopted by the Council of the City of Roanoke on first reading on Monday, February 1, 1993, also adopted by the Council on second reading on Monday, February 8, 1993, and will take effect ten days following the date of its second reading. MFP: sm Eno. pc: Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Mr. Sincerely, Mary F. Parker, CMC/AAE City Clerk James D. Grisso, Acting Director of Finance Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, General Services William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Richard V. Hamilton, Real Estate Agent Brian J. Wishneff, Chief, Economic Development E. Douglas Chittum, Economic Development Specialist Barry L. Key, Manager, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of February, 1993. No. 31328-020893. VIRGINIA, AN ORDINANCE declaring a certain structure located in the Roanoke Centre for Industry and Technology surplus and authorizing its removal. BE IT ORDAINED by the Council of the City of 1. The former "Conner House" located on acquired for the Roanoke Centre for Industry and hereby declared to be surplus to the City's needs. Roanoke that: City property Technology is 2. The City Manager is authorized to provide for removal of the above-described structure from the property by relocation or demolition, as more particularly set forth in the report to this Council dated February 1, 1993. ATTEST: City Clerk. EITY "-' ?' ' '- Roanoke, Virginia February 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Demolition of Surplus Structure - "Conner House", Roanoke Centre for Industry & Technology The attached staff report was considered by the Water Resources Committee at its meeting on January 25, 1993. The Committee recommends that Council authorize the demolition/removal of the "Conner House" in R.C.I.T., in accordance with conditions stated in the attached report. Respectfully submitted, Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Chief, Economic Development Manager, General Services Project Manager INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: January 25, 1993 M~embers, Water Resources Committee it B. Kiser, Dirte~or of Utilities W. Robert HerbertU~ty Manager DEMOLITION OF SURPLUS STRUCTURE "CONNER HOUSE", ROANOKE CENTRE FOR INDUSTRY AND TECHNOLOGY (R.C.I.T.) & Operations, thru I. Backqround: A. Acquisition of R. E. Conner Property authorized by City Council by Ordinance No. 31139-072792. B. Property acquired on December 14, 1992. C. Property to be incorporated into R.C.I.T as a portion of a future industrial site. III. II. Current Situation: Removal of two-story frame dwelling on the property and several out-buildings is recommended to enhance the development of property. Issues: A. Need B. Timinq C. Cost to City D. Liability IV. Alternatives: Committee recommend to City Council that it authorize the demolition and/or removal of the two-story frame residential structure from property identified by Official Tax No. 7230302. Funding for this demolition/ removal is available in Account No. 008-052-9629-9065. 1. Need for removal/demolition of structure to permit re-use of land is met. Water Resource Committee Members RE: Demolition of Surplus Structure "Conner House", R.C.I.T. Page 2 Timinq to clear R.C.I.T. of this impediment to development as soon as possible is met. Cost to City is cost of demolition, or removal by other means, of structure. Amount to be determined by competitive bids. Estimated cost of demolition is in the $2,000.00 range. 4. Liability to City of owning vacant structure is eliminated. Committee not recommend to City Council that it authorize the demolition/removal of the "Conner House" from R.C.I.T. 1. Need for removal to permit re-use of land not met. 2. Timinq to remove obstruction to development quickly is not met. 3. Cost to City is not an issue. 4. Liability to City of owning vacant structure remains. Recommendation: Committee recommend to City Council that it authorize the demolition/removal of the "Conner House" in R.C.I.T. in accordance with Alternative "A". KBK/RVH/fm Attachment cc: City Attorney Director of Finance Chief, Economic Development Manager, General Services Project Manager THIS AGREEMENT made this day of , by and between , hereinafter referred to ae the "Contractor", and the CITY OF ROANOKE, VIRGINIA, by its City Engineer, hereinafter referred to as the "City". WI TNE S SETH WHEREAS, there is, a need for the removal of the structure located at 2920 Mason Mill Road, N.E., the "Conner" House in the Roanoke Centre for Industry & Technology, official Tax No. 7230302. Authority to do so was granted by Roanoke City Council by Ordinance No. 3113g-072792, dated July 27, 1992. This structure may be purchased from the City and moved from the site to another location off the City's property for re-use, or, demolished and removed at the City's expense. The structure is a single family frame, two-story home and is available for removal and re-use to the highest bidder. Said highest bidder to also be responsible for the demolition of any and all accessory structures and the restoration of the site as indicated below. 1. The Contractor agrees to demolish or remove the structure located on the above-described property and to remove all asphalt pavement and gravel sub- base material, fuel oil tanks, building material and debris from the entire premises, to demolish foundations, to fill, and grade and seed the property in conformity with the established grades and to leave the premises in a clean and safe condition. a) Basement area and all other disturbed areas shall be covered with clean fill material compacted and topped with three (3) inches of good topsoil. b) Ail cleared and graded areas to be leveled, filled and seeded with 4 to 6 lb. per 1,000 sq. ft. Tall Turf Ty~e Fescue such as "Arid" or "Rebel", fertilized with 1 lb. 10-10-10 per 1,000 sq. ft. and mulched with 1 to 2 bales of straw per 1,000 sq. ft. tacked with wood fiber. 2. The Contractor agrees to discontinue and properly cap all service utility connections. 3. Should Contractor encounter conditions differing from those described in this Agreement, including but not limited to the presence of underground storage tanks, asbestos, or other hazardous materials, or encounter work not covered by the Agreement, he shall i~ediately give notice to the City Engineer. The City Engineer will promptly investigate the conditions and direct the Contractor how to proceed. 4. The Contractor agrees to carry and to provide written evidence of standard form public liability insurance issued by a company licensed to transact business in this state, insuring Contractor against liability for bodily injury or death in the amount of $300,000 for any one accident or occurrence, and $100,000 for property damage, with the City to be named as an additional insured. A. The Contractor shall maintain insurance with a quality company during the life of the agreement and furnish City with Certificates of Insurance which shall also include insurance deductibles, if applicable. The Certificate shall name the City, its officers, agents, and employees as additional insureds, providing coverage against any and all claims and demands made by any person or persons whomsoever for property damages or bodily injury (including death) incurred in connection with the services to be provided under this agreement. Minimum limits of liability shall be as indicated below: a. Commercial General Liability: $1,000,000 Combined Single Limit to include contractual, owners and contractors protective, and personal injury (liable, slander, defamation of character, etc.) b. Automobile Liability: $500,000 Combined Single Limit. Proof Co Worker's Compensation and Employers' Liability: Statutory Virginia Workers' Compensation Limits; Employers' Liability $100,000. The above amounts may be met by an umbrella liability policy following form of the underlined primary coverage in a minimum amount of $1,000,000. of Insurance Coverage: The Contractor shall furnish the City of Roanoke with the required certificates of insurance showing the type, amount, effective dates and date of expiration of the policies. The required certificates of insurance shall contain substantially the following statement: "The insurance covered by this certificate shall not be cancelled or materially altered, except after a ten (10) day written notice has been received by the City Engineer." The required certificates Of insurance shall name the City of Roanoke, its officers, agents and employees as additional insureds. Should an "umbrella" liability insurance coverage policy be used, the certificate or an attachment to the certificate shall contain the following statements "It is understood and agreed that the umbrella policy No. picks up at the primary policy Bodily Injury, Property Damage, Workers' Compensation and General Liability limits under policy Nos. , and , and it is further agreed that this statement is made a part of the certificate of insurance furnished to the City of Roanoke." Indemnity Provisions A. Contractor shall indemnify and hold harmless City and its officers, agents, and employees against any and ell liability, losses, damages, claims, causes of action, suits of any nature, cost, and expenses, including reasonable attorney's fees, resulting from or arising out of Contractor's activities or omissions, negligent or otherwise, on City's property or arising out of or resulting from the services to be provided under this Agreement, including, without limitation, fines and penalties, violations of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. While on City's property or easement and in its performance of this Agreement, Contractor shall not transport, dispose of or release any hazardous substance, material or waste, except as necessary in performance of its Work under this Agreement and in any event Contractor shall comply with all federal, state and local laws, rules, regulations and ordinances controlling air, water, noise, solid wastes and other pollution, and relating to the storage, transport, release or disposal of hazardous materials, substances or waste. Regardless of City acquiescence, Contractor shall indemnify and hold City, its officers, agents, and employees, harmless from all costs, liabilities, fines or penalties, including attorney's fees resulting from violation of this paragraph and agrees to reimburse City for all costs and expenses, attorney's fees and all penalties or civil judgements obtained against the City as a result of Contractor's use or release of any hazardous substance or waste onto the ground, or into the water or air form or upon City premises. Contractor agrees to waive any and all statutes of limitations applicable to any controversy or dispute arising out of the preceding sections and Contractor further agrees that it will not raise or plead a statute of limitations defense against City in action arising out of Contractor's failure to comply with the preceding sections. 6. The Contractor shall fully comply with all local, state and federal building and fire codes, ordinances, laws and regulations, including without limitation, all applicable sections of the Occupational Safety and Health Act (OSHA) and the Virginia Uniform Statewide Building Code, and all federal, state and local laws, rules and regulations, and ordinances controlling air, water, noise, solid wastes and other pollution, and relating to the storage, transport, release or disposal of hazardous materials, substances or wastes, and obtain all required licenses and ~ermits and pay all charges and expenses connected therewith. 7. The Contractor shall not assign any of its rights, duties or responsibilities under this Agreement and shall not sublet to subcontractors without written consent of the City Engineer. 8. The Contractor shall commence the work to be performed under the Agreement within ten (10} days after such date as is established end fixed for such commencement in written notice to proceed given by the Manager of General Services, and the Contractor agrees to fully performand complete the work within twenty five (25) consecutive calendar days from the date such notice to proceed is given. If work is not fully and satisfactorily completed within the period of time above stipulated, the Contractor agrees to pay the City the sum of One Hundred DOLLARS ($100.00) as liquidated damages, and not as penalty, for each consecutive calendar day thereafter during which full completion of the work shall be in default, as provided herein. 9. The Contractor agrees to take adequate precautions through the use of water or other equi~ent to prevent the emission of dust or other particulate matter in the atmosphere. 10. Upon the completion of the demolition option of the above work as herein contemplated, in a manner to the satisfaction of the City Engineer, the City agrees to pay to the Contractor the sum of by warrant of the City. This sum is amount of a bid received from the Contractor by the Manager of General Services on 11. should the purchase and removal option Contractor agrees to pay the City the sum of of a bid received from the Contractor by the Manager of General Services on have been chosen, the This is the sum WITNESS the following signature this the day and year first above written. AUTHORIZED AND APPROVED Contractor BY BY City Manager City Engineer Manager of General Services BY MARY F. PAI~k~ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room ,$56 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #28-166-297-468-330 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31329-020893 authorizing relocation, vacation and dedication of certain public utility easements at Towne Square and across property owned by Faison Hunting Hills Limited Partnership, as more particularly described in a report of the Water Resources Committee under date of February 1, 1993. Ordinance No. 31329-020893 was adopted by the Council of the City of Roanoke on first reading on Monday, February 1, 1993, also adopted by the Council on second reading on Monday, February 8, 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: 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. Richard V. Hamilton, Real Estate Agent Mr. John R. Marlles, Chief, Community Planning Mr. Kit B. Kiser, Director, Utilities and Operations IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of February, 1993. No. 31329-020893. VIRGINIA, AN ORDINANCE authorizing the relocation, vacation, and dedication of certain public utility easements at two separate shopping centers located in the City of Roanoke, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for the vacation of approximately 260 linear feet of an existing 20' wide waterline easement, and dedication of approximately 440 linear feet of a 15' wide waterline easement, located on Parcels 10 & 11 at Towne Square, as more particularly described in the report to this Council from the Water Resources Committee dated February 1, 1993. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, appropriate documentation providing for dedication of approximately 2730 linear feet of a 15' wide waterline easement, located across property owned by Faison Hunting Hills Limited Partnership, as more particularly described in the report to this Council from the Water Resources Committee dated February 1, 1993. ATTEST: City Clerk. '93 Roanoke, Virginia February 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Dedication and Vacation of Water Easements on the Properties of: (a) Parcels 10 & 11 Towne Square (b) Faison Hunting Hills Limited Partnership The attached staff report was considered by the Water Resources Committee at its meeting on January 25, 1993. The Committee recommends that Council authorize the vacation and dedication of water easements, in accordance with conditions stated in the attached report, as shown on plats prepared by the City Engineer. All easements and vacations shall be at no cost to the City, with associated documents in a form acceptable to the City Attorney. Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations Manager, Water Department City Engineer Building Commissioner Chief of Community Planning INTERDEPARTMENTAL COMMUNICATION DATE: TO: THRU: FROM: SUBJECT: January 25, 1993 Members, Water R~ces Committee W.~obe~ Herbert,~ity Manager it B. ~iser, Director Utilities & Operations Dedication and Vacation of Water Easements on the property of: a.) Parcels 10 & 11 Towne Square b.) Falson Hunting Hills Limited Partnership I. Background: Water easements on both of the subject properties permit City access to public water facilities located on private property. Vacation of portions of existing water easements and dedication of additional easements requires action by City Council. II. Current Situation: III . Parcels 10 & 11 Towne Squar~ - Water main alignments as originally proposed were modified due to field conditions during construction resulting in public water facilities being located outside of dedicated easements. Proposed vacation of existing easements and dedication of new easements are shown on the attached plat. B. Faison Hunting Hills Limited Partnership, - Public water facilities serving the site were constructed but easements permitting access to these facilities were not dedicated to the City at the time of subdivision. A proposed easement is shown on the attached plat. C. Manager, Water Department, has requested the subject easements be dedicated to the City. Issues: A. Need B. Timing Page 2 IV. Alternatives: Committee recommend to City Council that it authorize the vacation and dedication of certain water easements as shown on the attached plats prepared by the City Engineer. All transactions shall be by Deed of Easement. - Parcels 10 & 11 Towne Squaro - Dedication of approximately 440 linear feet of water easement 15 feet in width and vacation of approximately 260 linear feet of existing water easement 20 feet in width as shown on a plat prepared by the City Engineer dated October 23,1992 and designated Plan No. 6224. - Faison Hunting Hills Limited Partnership, - Dedication of approximately 2730 linear feet of water easement 15 feet in width as shown on a plat prepared by the City Engineer dated October 19, 1992 and designated Plan No. 6223. Need by the City for access to the public water facilities for maintenance and operation is met. Timinq to permit maintenance of public water facilities is met. Committee not recommend that City Council authorize the vacation and dedication of the subject water easements. 1. Need by the City for access to the public water facilities for maintenance and operation is not met. Timing to permit maintenance of public water facilities is not met. Recommendation: Committee recommend to the City Council that it authorize the vacation and dedication of water easements as shown on plats prepared by the City Engineer. All easements and vacations shall be at no cost to the City, with associated documents in a form acceptable to the City Attorney. KBK/PCS/mm Attachments Page 3 cc: City Attorney Director of Finance Manager, Water Department City Engineer Building Commissioner Chief of Community Planning ROAD MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Roora 456 Roanoke, Virginia 2~011 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk February 12, 1993 File #28-112-467 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31330-020893 authorizing the granting of a 15' x 15' utility easement to C & P Telephone Company, located at the northwest corner of the Westside Elementary School site, bearing Official Tax No. 2670901, to provide for relocation of a C & P Telephone Company equipment cabinet, as more particularly set forth in a report of the Water Resources Committee under date of February 1, 1993. Ordinance No. 31330-020893 was adopted by the Council of the City of Roanoke on first reading on Monday, February 1, 1993, also adopted by the Council on second reading on Monday, February 8, 1993, and will take effect ten days following the date of its second reading. Sincerely, MFP: sm Enc. pc: Mary F. Parker, CMC/AAE City Clerk Mr. Donald C. Reid, Area Manager, C & P Telephone Company, 5415 Airport Road, N. W., Roanoke, Virginia 24012 Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Wiliiam F. Clark, Director, Public Works Mr. Richard V. Hamilton, Reai Estate Agent Mr. Finn D. Pincus, Chairperson, Roanoke City School Board Dr. Frank P. Tota, Superintendent of Schools Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of February, 1993. No. 31330-020893. AN ORDINANCE authorizing Telephone Company across property located School, upon certain terms and conditions. the granting of an easement to C&P at Westside Elementary BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate agreement granting a 15' x 15' utility easement for C&P Telephone Company upon the northwest corner Elementary School site, bearing Official Tax No. at the southwest side of Hershberger Road, N.W., feet east of its intersection with Westside provide for the relocation of C&P Telephone cabinet, as more particularly set forth in Council dated February 1, 1993. of the Westside 2670901, located approximately 300 Boulevard, N.W., to Company's equipment the report to this ATTEST: City Clerk. '93 ~26 757'6 Roanoke, Virginia February 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Westside Elementary School Chesapeake & Potomac Telephone Co. Public Utility Easement (P.U.E.) (C&P) The attached staff report was considered by the Water Resources Committee at its meeting on January 25, 1993. The Committee recommends that Council authorize the appropriate City officials to execute a deed of easement establishing a 15' x 15' P.U.E. for C & P on the Westside Elementary School property, in accordance with conditions stated in the attached report. Stipulating, however, that any relocation required for future public works projects will be the responsibility of C & P. Respectfully submitted, Elizabeth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment CC: City Manager City Attorney Director of Finance Director of Utilities & Operations Director of Public Works Richard L. Kelley, Executive for Business Affairs and Clerk of the School Board INTERDEPARTMENTAL COMMUNICATION DATE: January 25, 1993 TOFRoM::~r.~'MembersKiser' Waterthru Mr.~e~rbertRes°u'~s Committee SUBJECT: Westside Elementary School Chesapeake & Potomac Telephone Co. Public utility Easement (P.U.E.) (C&P) II. III. I. Background: Westside Elementary School is located at the intersection of Westside Boulevard and Hershberger Road, N.W. School property has considerable frontage on Hershberger Road, N.W. Current Situation: Request to install an above-ground cabinet to contain new fiber optic communications equipment on a 15' x 15' P.U.E. on the school property has been received from C & P. Equipment cabinet to be located immediately to the west of the westerly entrance to the Westside Park parking lot. (See attached maps.) School Board approved the P.U.E. at its December 15, 1992 regular meeting (see attached letter). Relocation of C&P equipment cabinet at C&P's expense, deed of easement to stipulate that any relocation required for future public works projects in this area will be the responsibility of, and at the expense of, C&P. Issues: A. Need B. Timinq Page 2 IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute a deed of easement granting a 15' x 15' P.U.E. to C & P on the Westside Elementary School property on the south side of Hershberger Road, N.W. approximately 300 feet east of its intersection with Westside Boulevard, N.W. 1. Need by C & P for equipment cabinet at this location is met. 2. Timinq to provide cabinet as quickly as possible to permit start of installation is met. Committee not recommend to City Council that it authorize a C & P P.U.E. on the Westside Elementary School site. 1. Need by C & P for cabinet location not met. Timinq to permit installation of fiber optic system in timely manner not met. Recommendation: Committee recommend to City Council that it authorize the appropriate City officials to execute a deed of easement establishing a 15' x 15' P.U.E. for C & P on the Westside Elementary School property in accordance with Alternative "A". Stipulating, however, that any relocation required for future public works projects will be the responsibility of C&P. KBK/RVH/mm Attachments cc: City Attorney Director of Finance Director of Public Works Richard L. Kelly, Executive Clerk of the School Board for Business Affairs and ,,~ Finn D. Pincus, Chairman Chades 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 * 703-98t-238t · Fax: 703-98t-295t Mr. Kit B. Kizer, Director Utilities & Operations 354 Municipal Building Roanoke, VA 24Oll Dear Mr. Kizer: December 16, 1992 At its December 15, 1992 meeting the School Board approved a right of way and easement on the property of Westside Elementary School to The Chesapeake and Potomac Telephone Company of Virginia to construct, operate, maintain, replace and remove a communication system consisting of buried cable, wires, posts, terminals, location markers, and other appurtenances. The Board respectfully requests the approval of City Council. A copy of the Deed of Easement with Plat is enclosed. Sincerely, · Richard L. Kelley Executive for Business Affairs and Clerk of the Board rg Enc. Excellence in Education 42-~03-(6-90) SHEET ~ ~-~ ........... ~S-Deed of Easement, made ~his day of between THE CHESAPEAKE AND POTOMAC TELEPHONE 19 , VIRGINIA, hereinafter called ~ and _ OF __ COMPANY OF successors or assigns hereinafter called "_.'~. WITNESSETH * Received of THE CHESAPeaKE AND POTOMAC TELEPHONE COMPANY OF VIRGINIA One Dollar ($1.00)' in consideration of which the undersigned hereby grant and convey unto said Company, its successors, assigns, lessees and agentq, a right of way and easement to construct, operate, maintain, replace and remove a communication system consisting of such buried cables, buried wires, posts, terminals, location markers,~and other appurtenances, as the grantees may from time to time require, upon under, across, and over the land which the undersigned own or in which the undersigned have any interest; said land being located in the of / oW /oR , county , and state of Virginia, and upon, under, along and over the roads, streets and highways adjoining ~he said land, together with the following rights: Of ingress and e~ress over, under and across the lands of the undersigned to and from said systems for the purpose of exercising ~he rights herein granted; to open and close fences, cut down and keep cut'down all ~reea and undergrowth within fee~ of said system: and to carry in said system :he wires, cables, circuits and appurtenances of any other Company; including all electric wires. Said easement being located and described on sal~ land as follows: *Easement fee to be established by the City. Sheet Witness of ,_, 19 _ hand and seal this Grantor Grantor day (Seal) (Seal) State of Virginia, of , To Wit: Virginia that in and for the , a whose name bearing date on the day of acknowledged the same before me in my and Stats aforesaid. Given under my hand 19 · Of the State of aforesaid, do hereby certify signed to the within writin~ , 19 has this day of , Notary Public My commission expires' day of , 19 State of Virginia, of , To Wit: virginia, in and for the that a of the State of aforesaid, do hereby certify whose name . signed to t_he within writin~ bearing date on the day of , 19 has acknowledged the same befor& me in my and State aforesaid. My commission expires Notary Publio day of~-' , 19 PLA! TO ACCOmPAnY Sheet of 42-104 {10.-~) e.v,~. / = IO0 T~ CI~$AP~AI~ A~D POTOMAC T~LKI'HOI~ CO~AI~ Ole V'fRGII~A DISTL~CT COt~f~ PRA'PAR~D BY: DATE MARY F. PARKER City Clerk, CMC/AAE CTFY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virgnia 24011 Telephone: (701;) ~81-2541 February 12, 1993 SANDRA H. EAKIN Deputy City Clerk File #166-100-467 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31331-020893 authorizing and directing the proper City officials to enter into a lease between the City, the School Board of the City of Roanoke and the Young Men's Christian Association of Roanoke, for use of the Jefferson High School gymnasium, upon certain terms and conditions. Ordinance No. 31331-020893 was adopted by the Council of the City of Roanoke on first reading on Monday, February 1, 1993, also adopted by the Council on second reading on Monday, February 8, 1993, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CM~/AA~ City Clerk MFP: sm Eno. pc: Mr. Cai Johnson, Executive Director, Young Men's Christian Association of Roanoke, p. O. Box 2130, Roanoke, Virginia 24009 Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. Finn D. Pincus, Chairperson, Roanoke City School Board Dr. Frank P. Tots, Superintendent of Schools Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board IN THE COUNCIL OF THE CITY OF ROANOKE, The 8th day of February, 1993. No. 31331-020893. VIRGINIA, AN ORDINANCE authorizing and directing the proper City officials to enter into a lease between the City, the School Board of the City of Roanoke and the Young Men's Christian Association of Roanoke, Virginia, for use of the Jefferson High School gymnasium, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized and directed to execute and attest, respectively, on behalf of the City, a lease, in form as is approved by the City Attorney, providing for use and occupancy of the Jefferson High School gymnasium by the Young Men's Christian Association of Roanoke, Virginia. The School Board of the City of Roanoke shall also be a party to such lease. The lease shall provide for a one-year lease, renewable on a year-to-year basis with the consent of the lessor, for a total lease term not to exceed five years in exchange for nominal rent and payment of utilities and Janitorial services by the lessee. Such lease shall commence January 19, 1993, and shall contain such other terms and conditions as are approved by the City Manager. ATTEST: City Clerk. Roanoke, Virginia February 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Lease Renewal - Jefferson High School Gymnasium to the Young Men's Christian Association The attached letter request of January 20, 1993, and proposed renewed lease Fact Sheet, were considered by the Water Resources Committee at its meeting on January 25, 1993. The Committee recommends that the City Manager be authorized to execute any necessary documents on behalf of the City indicating the City's agreement to a one year lease extension, and up to four subsequent extensions of one year each unless Council is advised otherwise, with the form of any documents being subject to the approval of the City Attorney. iz~beth T. Bowles, Chairman Water Resources Committee ETB:KBK:afm Attachment cc: City Manager City Attorney Director of Finance Director of Utilities & Operations '~l Finn D. Pincus, Chairman Charles W. Day, Vice Chairman Marilyn C. Curtis fRoanoke 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: 703-981-295t January 20, 1993 Mr. Kit B. Kiser, Director Utilities and Operations City of Roanoke Municipal Building Roanoke, VA 24Oll Dear Mr. Kiser: The School Board at its January 19, 1993 meeting approved the continuation of the lease agreement with the YMCA for the use of the Jefferson High School gymnasium for a third five-year period commencing on January 19, 1993. The proposed lease agreement differs only in the dates and an increase of $200,000 in fire and hazard insurance. The lease agreement has been reviewed and approved by the School Board's attorney. The School Board requests the Water Resources Commitee to approve the lease agreement and forward it to City Council for final approval. Sincerely, ~ Richard L. Kelley~ Executive for Business Affairs rg Enc. cc: Mr. William X Parsons Excellence in Education THIS DEED OF LEASE, entered into this 19th day of January. 1993, by and between the CITY OF ROANOKE, the SCHOOL BOARD FOR THE CITY OF ROANOKE, and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF ROANOKE, VIRGINIA. 1. As used herein, the term "Lessee" shall mean and refer to The Young Men's Christian Association of Roanoke, Virginia. The term "Lessor" shall, during the period that the leased premises is dedicated for school purposes, mean and refer to the School Board for the City of Roanoke. If at any time during the term of this lease the leased premises shall no longer be dedicated for school purposes, the term "Lessor" shall mean and refer to the City of Roanoke. 2. The Lessor hereby lets and demises unto the Lessee that property known as the Jefferson High School Gymnasium (leased premises), more particularly described as the area shown in yellow on the attached map and designated by Official Tax No. 1113414. 3. The leased premises shall be used and occupied by the Lessee for recreational purposes, subject to uses by the School Board for the City of Roanoke for those purposes set forth in paragraph 6(k). 4. The lease shall commence on the l~th day of n~[a.0.[~3_.~ 1993, and extend for a period of one (1) year, ending on the 18th day of n~J.~jj.~5~ 1994. Subject to the concurrence of Lessor, the Lessee may extend the term of this lease for additional periods of one (1) year, but the occupancy of the Lessee under this Deed of Lease shall not extend beyond a total of five (5) years from the date of initial occupancy. If the Lessee decides to renew the lease, Lessee shall give Lessor written notice of such desire sixty (60) days' prior to expiration of the lease, and Lessor shall~ within thirty (30) days of receipt of such notice give written notice to Lessee of its decision with respect to the request to renew. 5. The Lessor covenants and agrees: (a) To deliver quiet possession of said premises to the Lessee on the effective date of this lease; 2 (b) That the Lessee may make such alterations, improvements, and additions to the said premises during the term of the lease as the Lessee may deem proper with the written approval of the Lessor, provided that the Lessee shall pay all costs, expenses, and liabilities arising out of or in any way connected with such alterations, improvements or additions. 6. The Lessee covenants and agrees: (a) To pay the sum of ONE DOLLAR ($1.00) per year to Lessor as annual rent; (b) At the termination of this lease, to deliver peacefully the said premises in as good order and repair as the same was at the beginning of this lease; lc) That the Lessor, its officers, agents, and employees may show the premises to prospective purchasers, during the business hours maintained by the Lessee, and at such other times during the tenancy as the Lessee may permit; provided, however, that Lessee shall be given an opportunity to submit an offer to purchase the leased premises prior to Lessor's entering into a contract of sale of the leased premises to another party; (d) That the Lessor, its officers, agents and employees may go upon the premises at reasonable hours for the purpose of inspection of the premises; (e) That this lease will not be assignable by the Lessee nor shall any portion of the leased premises be sublet without the prior written consent of the Lessor; (f) That the Lessee shall keep and maintain the leased premises in clean and good condition at its own expense during the term of this lease; (g) That the Lessee shall assume responsibility for payment of all costs and charges incurred as a result of utilities serving the leased premises; (h) That the Lessee shall indemnify and hold harmless the City of Roanoke, the School Board for the City of Roanoke and its officers, agents and employees of each entity from the claims of any and all persons suffering injury to their person or property in any manner arising or growing out of the Lessee's use and occupation of the premises under this Deed of Lease; 3 (i) That the Lessee shall, at its own expense, obtain and maintain during the term of this lease and any extension or renewal thereof bodily and property damage liability insurance coverage with respect to claims arising out of the subject matter of this lease, but not including those activities and uses set forth in subparagraph 6(k) of this lease. The amount of such insurance shall not be less than: 1. In the case of bodily injury liability insurance, $500,000 for injuries including death, to one person in any one occurrence and $1,000,000 annual aggregate; 2. In the case of property damage insurance, $500,000 for damage in any one occurrence and $1,000,000 annual aggregate; 3. The above amount may be met by umbrella coverage in a minimum amount of $1,000,000. The Lessee shall name the City of Roanoke and the School Board for the City of Roanoke as additional insureds on the above policies. The Lessee shall furnish the City of Roanoke and the School Board for the City of Roanoke with certificates evidencing the required coverage. (j) That the Lessee shall, at its own expense, obtain and maintain during the term of this lease and any extension or renewal thereof fire and hazard insurance in an amount of $1,000,000. The Lessee shall name the City of Roanoke and the School Board for the City of Roanoke as additional insureds as their interests may appear on the above policies. The Lessee shall furnish the City of Roanoke and the School Board for the City of Roanoke with certificates evidencing the required coverages; (k) That Lessee's use and occupancy shall be subject to the right to use and occupy the leased premises by the School Board's Alternative Education Program, by the Patrick Henry High School basketball team, and for public voting activities. Lessor shall prov.de Lessee with a schedule of its proposed uses for the leased premises and shall give reasonable notice of any variation from such schedule. The uses listed in this paragraph shall have 0 rst priority in use and occupancy of the leased premises. 7. It is mutually covenanted and agreed by the Lessor and the Lessee: (a) That the Lessee shall be responsible for the first $1,000.00 in cost of any repair or replacement of the leased premises, or any portion thereof, as now or hereafter constituted. Should any repair or replacement exceed the sum of $1,000.00, Lessee shall promptly notify Lessor. Lessor may, at its option, undertake to have such repairs or replacement performed or not to do so. If the Lessor chooses not to do so and the condition of the leased premises is such that it cannot reasonably accommodate the needs of the Lessee, Lessee may either undertake such repairs and replacements at its own expense or elect to terminate this least on thirty (30) days notice. All repairs and replacements undertaken by Lessee shall be at least equal in quality of materials and workmanship to that originally existing in the leased premises; (b) That, the preceding paragraph not withstanding, the Lessee shall be responsible for any and all damage to or destruction of the leased premises caused by the negligence or wrongdoing of the Lessee, its employees or agents; (c) That if the said leased premises be damaged by fire or otherwise as to render the same untenantable, this lease shall immediately terminate; (d) That in the event the Lessee shall fail or neglect to comply with any of the terms of this lease, and shall remain in default thereof for a period of fifteen (15) days after written notice from Lessor calling attention to the same, Lessor may declare this lease terminated and cancelled and may take possession of said premises without prejudice to any other legal remedy it may have on account of such default. 8. In its use and occupancy of the leased premises, Lessee shall not discriminate against any contractor, subcontractor, vendor, sublessee, employee, applicant for employment or invitee I~ecause of race, religion, color, sex or national origin except where race, rehg~on, color, sex or national origin is a bona fide occupational qualification reasonably necessar,¢ ~o the normal operation of the Lessee. 5 9. Any and all notices, requests or demands given or required to be given under this lease shall be in writing and mailed by registered, certified mail, postage prepaid to: (a) City of Roanoke, c/o City Manager, 364 Municipal Building, Roanoke, Virginia 24011; (b) School Board for the City of Roanoke, c/o Roanoke City Public Schools, P. O. Box 13145, Roanoke, Virginia 24031; and (c) Young Men's Christian Association of Roanoke, Virginia, P. O. Box 2130, Roanoke, Virginia 24009. ATTEST: Mary F. Parker, City Clerk CITY OF ROANOKE, VIRGINIA By W. Robert Herbert, City Manager ATTEST: Richard L. Kelley, Cler~k ' ATTEST: SCHOOL BOARD OF THE CITY OF ROANOKE THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF ROANOKE, VIRGINIA By Its Executive 'Director :III~$Z? 11~3531 LEASE JEFFERSON HIGH SCHOOL GYMNASIUM ROANOKE CITY SCHOOL BOARD TO YOUNG MEN'S CHRISTIAN ASSOCIATION - FACT SHEET - A: Lease Term: Initial one (1) year period January 19, 1993 to January 18, 1994 Four (4) additional one (1) year extensions, subject to Lessor's concurrence, for a total of five (5) years Lease Consideration: - One Dollar ($1.00) per year Insurance to be provided by Lessee: Bodily Injury Liability: $500,000 per occurrence, $1,000,000 annual aggregate Property Damage: $500,000 $1,000,000 annual aggregate per occurrence, Alternatively an umbrella policy in a minimum of $1,000,000 naming the City and School Board as additional insureds may suffice. Fire and Hazard Insurance: $1,000,000 Use by other City-sponsored Activities: The School Board's Alternative Education Program, the Patrick Henry High School Basketball Team and public voting activities may utilize the facility with first priority on use of the facility. Jefferson High School Gymnasium Roanoke City School Board to Young Men's Christian Association Fact Sheet Page 2 Repair and replacement: Lessee is responsible for the first $1,000 of any repair or replacement. If Lessor will not agree to pay for repairs or replacements costing more than $1,000, Lessee may either pay additional cost itself or cancel lease with thirty (30) days notice. Damaqe: Lessee is responsible for all damages or destruction caused by negligence or wrongdoing of Lessee. G. Utilities: - Lessee is responsible for all utility charges. Non-Discrimination Clause: - Standard assurances included. I. Termination: Je Lessee shall give Lessor sixty (60) days notice of intent to renew prior to expiration of lease, Lessor shall respond within thirty (30) days of decision regarding renewal. Reneqotiation: Lease to be renegotiated at end of five (5) year period permitted by this lease. MARY F, PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 21~ Church Avenue, S.W., Room 4~6 Roanoke, Vir~ia 24011 Telephone: (703) 981-2541 February 12, 1993 SANDRA H. FAKIN Deputy City Clerk File #28-169-330 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 31332-020893 authorizing abandonment of a certain 10' wide public utility easement located on property owned by Gary W. and Scarlet L. Fitzgerald extending from Ventnor Street to the center of the block, to enable the property owners to utilize this portion of their real estate, upon certain terms and conditions, and as more particularly set forth in a report of the Water Resources Committee under date of February 8, 1993. Ordinance No. 31332-020893 was adopted by the Council of the City of Roanoke on first reading on Monday, February 1, 1993, also adopted by the Council on second reading on Monday, February 8, 1993, and w-ill take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: sm Enc. pc: Mr. and Mrs. Gary W. Fitzgerald, 3820 Ventnor Road, S.E. Roanoke, Virginia 24014 ' Mr. and Mrs. Michael R. Fitzgerald, 3808 Ventnor Road, S. E., Roanoke, Virginia 24014 Mr. James D. Grisso, Acting Director of Finance Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director, Utilities and Operations Mr. William F. Clark, Director, Public Works Mr. John R. MarLies, Chief, Community Planning Mr. Charles M. Huffine, City Engineer Mr. Richard V. Hamilton, Real Estate Agent IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8th day of February, 1993. No. 31332-020893. AN ORDINANCE authorizing the abandonment of a certain 10' wide public utility easement located on property owned by Gary W. and Scarlet L. Fitzgerald, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that the City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, the appropriate document abandoning a 10' wide public utility easement located on Lot 3, Original Block 2 of S. J. Jones Subdivision of "Radford Lands", otherwise known as City of Roanoke Official Tax No. 4400514, owned by Gary W. and Scarlet L. Fitzgerald, and extending from Ventnor Street to the center of the block, to enable the property owners to utilize this portion of their real estate, upon certain terms and conditions, and as more particularly set forth in the report to this Council dated February 1, 1993. ATTEST: City Clerk. Roanoke, Virginia February 1, 1993 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Request to Abandon Public Utility Easement (P.U.E.) Mr. & Mrs. G. W. Fitzgerald 3820 Ventnor Road, S. E. The attached staff report was considered by the Water Resources Committee at its meeting on January 25, 1993. The Committee recommends that Council authorize the abandonment of a ten (10) foot wide P.U.E. on Lot 3, adjacent to Lot 4, S. J. Jones Subdivision, in accordance with conditions stated in the attached report. Respectfully submitted, Water Resources Committee ETB:KBK:afm Attachment City Manager City Attorney Director of Finance Director of Utilities & Operations Chief, Community Planning INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: January 25, 1993 ber_s,^W. ater Resources Committee · er, D~of Utilities & W. Robert Herbe~cy Manager Operations, REQUEST TO ABANDON PUBLIC UTILITY EASEMENT MR. & MRS. G. W. FITZGERALD 3820 VENTNOR ROAD, S.E. (PUE) thru I. Background: P.U.E.'s dedicated by S. J. Jones Subdivision including two (2) in Block 2, one down the center of the block and one on Lot 3 adjacent to Lot 4 extending from Ventnor Street to the center of the block. Owners of remaining undeveloped portions of Block 2 are Mr. & Mrs. Michael R. Fitzgerald and Mr. & Mrs. Gary W. Fitzgerald (who own Lots 3 and 4). P.U.E. extending down center of Block 2 connects to easterly terminus of Imlay Avenue, S.E., providing utility service, if needed, to all undeveloped lots in Block 2. P.U.E. on Lot 3 is thus surplus to any need (see attached maps). III. II. Current Situation: Request to abandon P.U.E. on Lot 3 received from Mr. & Mrs. Gary W. Fitzgerald who own Lots 3 & 4 and wish to build across area now occupied by the P.U.E (see attached letters). · Both Fitzgerald families, who are related, have presented letters agreeing to the request. Issues: A. Need by Petitioners B. Need by City C. Timinq Water Resources Committee Members RE: Request to Abandon Public Utility Easement Mr. & Mrs. G. W. Fitzgerald Page 2 (P.U.E.) IV. Alternatives: Committee recommend to City Council that it authorize the appropriate City officials to execute documentation abandoning a ten (10) foot wide P.U.E. on Lot 3, adjacent to Lot 4, Block 2, S. J. Jones Subdivision, (adjacent to 3820 Ventnor Avenue, S.E.), to permit the owners of the two lots to build in the area of the easement. 1. Need by petitioners for use of that portion of their property is met. Need by City does not exist at this location for such an easement. 3. Timinq to meet petitioners' construction schedule is met. Committee not recommend to City Council that it authorize the abandonment of a ten (10) foot wide P.U.E. on Lot 3 adjacent to Lot 4, S. J. Jones Subdivision. Need by petitioners for use of area not met. Need by City is not an issue. Timinq to meet petitioners, construction schedule not met. Recommendation: Committee recommend to City Council that it authorize the abandonment of a ten (10) foot wide P.U.E. on Lot 3, adjacent to Lot 4, S. J. Jones Subdivision in accordance with Alternative "A". Documents to accomplish this to be prepared by and at the expense of applicants. KBK/RVH/fm Attachments cc: City Attorney Director of Finance Chief, Community Planning Kit B. Kiser, Director Utilities & Operations Room 354 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Mr. & Mrs. Gary W. Fitzgerald 3820 Ventnor Road, S.E. Roanoke, Virginia 24014 January 4, 1993 Dear Mr. Kiser: RE: PUE of Lots 3 & 4, Block 2 S. J. Jones Subd/3820 Ventnor Rd We are requesting to abandon 10' PUE between Lots 3 & 4, Block 2, S.J. Jones Subd, located at 3820 Ventnor Road, S.E., Roanoke, Virginia 24014. There are no plans to sell or build on the lots behind 3 & 4, as they are ali part of a family ownership. There is an alternate way to serve utilies if needed. Thank you for your time in considering this request. We look forward to hearing from you in the near future. Sincerely, ary W. Fitzgerald (703) 387-1111 X4379 Scarlet L. Fitzgerald (703) 982-1277 (703) 427-1224 (home) OFFICE OF CITY ENGINEER ROANOKE, VA 24011 ('zC: :32 c/:;,7- /$ MARY F. PARKER City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virg/n/a 2.~011 Telephone: (703) 981-2541 February 12, 1993 SANDRA H. EAK~N Deputy City Clerk File #23-132-175 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, February 8, 1993, Council Member Harvey requested that you report to Council with regard to the City rendering assistance to Roanoke City residents who have lost their jobs, or are about to lose their jobs, through: (1) tuition payment assistance for those persons returning to school; (2) (3) (4) involvement of the local business community in which they would supply job listings; establishment of a "hot line" for use by persons who have or are about to lose their job; and investigation of Federal and/or State programs to provide funding assistance. Sincerely, Mary F. Parker, CMC/3~AE City Clerk MFP: sm MARY F. PABKI~a[ City Clerk, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011 Telephone: (703) 981-2541 SANDRA H. FAKIN Deputy City Clerk February 17, 1993 File #123 The Honorable Roy B. Willett, Judge Twenty-third Judicial Circuit Roanoke, Virginia Dear Judge Willett: Your communication on behalf of the five iudges of Roanoke's Twenty-third Judicial Circuit Court with regard to overcrowding at the Roanoke City Jail and expressing support of Council, the Sheriff and the City Administration in efforts to address the crisis quickly and effectively, was before the Council of the City of Roanoke at a regular meeting held on Monday, February 8, 1993. On motion, duly seconded and adopted, your communication was received and filed with appreciation. Sincerely Mary F. Parker, CMC/AAE City Clerk MFP: sm pc: The Honorable W. Alvin Hudson, City Sheriff Mr. W. Robert Herbert, City Manager TWENTY-THIRD JUDICIAL CIRCUIT OF VIRGINIA February 8, 1993 The Honorable David A. Bowers, Mayor The Honorable Beverly T. Fitzpatrick, Jr., Vice Mayor The Honorable Elizabeth T. Bowles, Member of Council The Honorable Howard E. Musser, Member of Council The Honorable James G. Harvey, II, Member of Council The Honorable William White, Sr., Member of Council The Honorable Delvis O. "Mac" McCadden, Member of Council City of Roanoke Municipal Building Roanoke, Virginia 24016 Re: Roanoke City Jail Dear Mayor Bowers and members of Council: I am writing, on behalf of the five judges of our circuit court, to express our appreciation of council's continuing efforts to find prompt solutions to the critical overcrowding at the Roanoke City jail. The judges of this circuit, of course, have strongly supported Sheriff W. Alvin Hudson in his efforts to try to address responsibly this grave problem, and we have acknowledged our appreciation of Bob Herbert's attention to this crisis. We, along with the judges of the district courts and the law-enforcement community, recognize acutely the real public-safety concerns that exist because (a) the jail routinely holds many more prisoners than the facility ever was meant to accommodate, and (b) many of these prisoners are serving penitentiary sentences for felonies which--when the jail was designed and up until recently--would have meant prompt transportation to a classification facility of the Department of Corrections. Likewise, we strongly support your efforts to proceed as rapidly as possible with plans to relieve the crisis at the jail, whether these plans involve purchase or construction of a jail annex, other facility expansion, or creation and construction of a jail farm. Page 2 Mayor Bowers and members of Council February 8, 1993 Like all responsible public officials, we recognize that there are more demands than ever for public dollars, and fewer public dollars available for discretionary allocation. Relief of jail overcrowding, we are afraid, is no longer discretionary--it is not something that can, consistent with the safety and welfare of the public in general, be postponed. As sentencing judges, cognizant of jail overcrowding, we make full use of alternatives to incarceration, including probation and community service diversion. (In fact, we are aware that we are criticized in some quarters for being too conscious of jail overcrowding when we sentence.) We are taxing these resources to the limit, as well, but the fact is that more persons are spending more time in our local jail for more serious offenses than ever before in the history of the City of Roanoke. We, like the members of Council, also must be sensitive to the apparent fact (as reported by the Sheriff in a recent "needs assessment study") that the jail, at its present (and projected future) inmate level, may operate in a manner contrary to applicable fire, health, and safety regulations. The Sheriff has made clear, both to you and to us, the potential dangers to his staff, to inmates, and to the public at large, and we all realize that neither the governing body nor the judiciary can long countenance such a state of affairs. We strongly support you, Sheriff Hudson, and the City administration in your every effort to address this crisis quickly and effectively, and, again, express to you our deep appreciation for your concern and energies. ~oy~/,~ Willett, Jf~dge RBW/w cc: The Honorable W. Alvin Hudson, Sheriff Judges, Twenty-third Judicial Circuit Mr. W. Robert Herbert, City Manager RECE?ED TWENTY-THIRD JUDICIA~ ~IRCUIT OF VIRGINIA '93 FEB 2~ AIO :35 COMMONWEALTH OF' ViRGiNiA February 25, 1993 Mary F. Parker, CMC/AAE City Clerk 215 Church Avenue, S. W., Room 456 Roanoke, VA 24011 Re: Your file Number 123 Dear Ms. Parker: Thank you for writing me on February 17. By copy of this letter, I am providing a photocopy of your February 17 letter to the other judges of this Circuit. You have already provided copies to Sheriff Hudson and to City Manager Herbert. Again, Roanoke City Mayor Bowers. RBW/bc thank you very much for responding on behalf of the Council. I have also received a nice response from Ro~B~ Willett, Judge CC: Honorable Kenneth E. Trabue, Chief Judge Honorable G. O. Clemens, Judge Honorable Clifford R. Weckstein, Judge Honorable Diane McQ. Strickland, Judge Plowshare Peace & Justice Center 703-985-0808 PO Box 1623 Februa~ 8, 1993 125 West ~ Avenue SW Roanoke ggt 24008-1623 As supporters of democracy and self-determination for all people, we come to Roanoke City Council and to Honorable Mayor Bowers to request that Friday, February12, 1993, be declared a day for democracy, reconciliation and peace for Haiti. As you know, the popular elected president Bertrand Aristide, the first democratic president of Haiti, was deposed on September 29, 1991 as a result of a military coup. We ask City Council and Mayor Bowers to Join with citizens and elected representatives throughout the United States request the Clinton Administration to facilitate the restoration of the democracy and the safe return of Pres. Aristide. An offer of economic aid may be necessary to accomplish this goal. Detainees in Guatanamo Bay must be given temporary protected status as political refugees. Coast Guard interception of the boat 9eople should be carried out in a humanitarian way. On the high seas, protection must be given to those fleeing the oppressive regime now in power in Haiti. In case of continued repression in Haiti, we propose our city be designated a sanctuary city for the people who are forced to flee. Respectfully, Rose Harrison, Ricardo Valdivieso, Pat Pratali A Chronology of Events 1791 - Led by ~.. I Voodoo I~est. slave mvob qainst Ftea~ cok). 19 Yem of occnpatim, leavinl behind a Prince. succeeded by 19 year oad son, lean. 1985 - Four students killed in Gonaive~; nadona/ prote~ movemem against Je. an-Oaude Duvalier. ment (CNG),is installed under ~Me~i. denny m' Hem'~ Namphy. O~_~-~-.~n of An~can Sims (OAS) fo~ Atistide's remm and · cempleae trade ~ Su~ C~ justice ~ph N~ ~ ~ ~ ~t. ~ ~v~w~t~ ~1. ~m~ld~ly~. 11/'29/87 - Scores of w~ld-be voters Adrien, who asks for a 'Peace Keeping killedbyOaeA~myandTonton~Macotae IvUssion" lo c~ub the violence aad to ~20/~8 - A~f~' 135 days in power. Manig~u is ovmbrown by Geae~ Hen~ Naml~y. 9/29/92 - ~ ~mive~a~, of coup. Presidem Ar~id~ add~_..~ the g~ae~al assembly of the Uniued Nadons. 50.000 People in New Yo~k marc~ ~ ShOw sup. ton O~ic~ on ~ (WO~) ~n~ ~ ~t~i ~lon. H~ti History When a~sto~er Columl~s first b~ckannyandbyDec~nl~rlg03had hnds~_ i~ 1492 on L~ Carib~2ean island fouled the French fo..es, by then de- wh/ch now ~onsisls of Ha/t/ and Dcmm/can Republic, he described it t~ an earthly paradise and named it Rispeniola, Within a n~ SO y~, in which Ihe ishnd's ~oM ruer'vel Ired b~e~ of nearly helle m/liion Ta~o Araw4~ had ~ easmnina~d ~, ~he Spm/sh d' ~ttty Of Ryswick hi I ~97 by which Spain mc.o?t.,,4 French anve~i~n~y During the 18th Conlur~ Saint D~n~/n_~ie was renowned f~ i~ lwalt h English-speaking Caribbean. The mlony's I~e~pe~ty was ~ on sin. very. About hell a m/Ilion slaves were sh/pped by ~he French from We~1 Af~.a conflicts which came to a he~l ~f~ fl~e nga/n~t the at~nnp~ of the white~ to Spanish ce/on/~, · British expedit/c~- Gova'n~-General of Satin to monvn' the cO, my fron~ b~nck consol. fie. Ano~e~ ex-slave, .lean-~acque~ Durm~ ~e occutml~e the U.S. exer. ctsed political comml ~uoash govern. ~ ~ ~ ~ ~a~ eU~. ~ U.S. ~pi~ ~ ~ m a b~k ~li~ a ~ ~ ~ Nn- ~ O~d ~ u~ ~ ~. ~U.S.~y~.~i~ ~ f~ a "s~ ~p" ~ ~ U.S. Duv~ier D~y ~~,~su~ the election of black nationalist ~s~l~. ~t Fr~s ~val~r. Wi~ ~ ~ ~ ~ U.9..~w~ 1~ m, ln c~n~dm~, - Louis I~joie. ~t~g the ,,ut,,o elite, ~ ~c~ ~ ~ ~ 1957, ~t ~t. ~v~ ~ ~d- d~. E~~ (UNEH) wM ~$mantind iu 1961. ~ue~ of ~ ~'s Ca~olic ~v~ts~ ~ ~ ~ ~c s~ of ~ m~ ~. ~ ~w~ ~vate ~esiden~al militia ~ ~e ~'~ l~old ~ f~ ~ ~ ~ 19~ ~ m=~. ~c~ A~~'s pl~." ~R~d ~ ~ U.S.~ ~ Magloire, t~nted by e~-mpfion, Was mama~e in 1980 to Micl~le Benne~l. forced imo exile in 1956. Anny,c, on- daugluerofaweahhymulaltobusines$. a'olledelectin~wemheklbetwemtwo man. Fe~xei'WorldBaakoO'i¢ialMarc The Coup D'Etat Against Aristide mghl witho~! feat ~ mililat~ abu~e. the "n~ma~e" p,,n.~ed by Atistid~ be. lasted. The HaJUan army has long beea a I~O] ~' rig e~im. T~ c, ah~ ia pot~.lu. Frince's streela me~y t~lecmd a game knowing the bm~ sad ma'cenary ways · e day af~t he was mauguta~ But lhe HaPlan army quietly gut il.~lf o~ hold, r~hcma to flak iam~t~iam/~asure by movia~ ~e quickJy a~aimt a pre.~i~a widely known as Haia's ~t~t d~mo~ati- c, ally ele~t~l l~r. Whea it came, the ~p was well. financed ~'~d well-~'t, ani ~d Drug Ir~f. tickers in Haiti's cacame ahipping uade (many et Ihem milita~ m~a), as well as nmsioo~d s~diers (t/~/da as they are ~ s~g, sl~-~ ~pi~. ~~to~v~.~tc~ ~ ~ mu~ ~ a ~-~'s ~g ~it ~ New Y~ w~e ~ ~ ~bly, w~ ~ f~ ~ /~ i~ har~or us to imagine the seine of d~l~Va~n ~ av~e ~ f~l in ~ w~ ~ ~'S ~1. Five ~ ~1~ ~efivey~sin ~e: e~ff~yh~ f~l~ W ~ ~ ~y si~ way, e~ d ~~m~ey ~ ~th ~ ~u~, ~ ff ~ big- ~t ~ ~ ~.i~ to ~d ~ five ~~dofm~s few~~a ~w~ ~ is ~le, ~v~, f~ ~ ~ a~ ~leg~ ~ ~ a~w g~- U.S. Policy Towards Haiti li~h hegzmony tn t~t .~n American and tlz Caribb~tm Reg~n, ecligxing the clmir~ ~tropean cofordal gowen. Un- der t~e banner t~the Monroe Doctrine ~ t~e U.S. w ctmtrol the region- tmween 1898-1935 U& troops inmded Haiti, Cuba, Ntcaragua,Hon&tra~,OteDamini. ~ Repa~alic ned PmMrna, ond tAt U~. acq~dred Paerto Rico. £v~ntoday, rnam. ttgmng Ae gemany and cantral rtmam the top U & golicy pr~ar~e~ for the regio~ Tts~ is evidenced by the US. tponsored wm'~ in Nicaragua and £1 &alvador t~r au ghout the l g~O s t~e rectnt inva~hm~ ~f P an~na and Grenada, and e ~ont~n~.d ~ile trance U~'d~ Cuba. US. policy ~,~a~ds Ha~i sb~d n~ b~ ana~ in a cranc ir~imti~-.s. On ~eoi~'ban~ U.S. i~mets~ in virtually ev~ aspect of Haitian daily life and the U.S. High Com- linssi~er, appointed by the President, wielded/ar.ranging power. The Airier/. u~f°mung ine Hair an military. These' ~e Americans to leave. TI~ role performed by ~ ~my cte- ~ by ~he U.S. Marmed, "w~s to Wi~ ~e rise of eom w~t. fe~rs ~ the the hte 1950s, Haiil re~urfased in icon- ,way), ~mld f~ und~ e,~ power of · Cm.m m~m, ~he Um~d S~s u.~,~d m · e eleacral frand ~h~ led ~o ~e ink,Ih. 0on of r'~ Duvalier ss Pmside~ m quickly and bm~liy. ~ his fatbe~ died. Jeana3.,,~ Duvali~ mo~d lam While U.S. mlati~ ~ F. rangois atu~ his ~on Jean Cbiu&'s ineugumin~ U.S. to~ advantage of Ihe ahang~ in [~ver to su~ lhe m~my and reduce any, cinsed by ~ Duvali~, ,ass ~ in 1973 ,ai~ U.S. szaiv, ance. The U.S. and the Aristide Adminstration A ~-v~n~ of I.liv~lD~valj~isi followed ~ ~i~ ~ ~ ~ 1987. ~ ~ Ami ~, ~. m~ld~~ 16, I~. m~ous ~ul~ity ~ ~gerons. As the December elections ap- backing md a n~2 $3 miltinn to fotme~ Weald Bank off'~ial. Though he had liule suPlxm amou$ the Haitian geopin, ~he U.S. hoped Btam would m- Nlow~ l-biti w fu~in its role as the "l'-~wan of the Ca~bhean" U.S.'s Ca~bhean Basin Initiative. Haiti ~ he ma~ safe f~ U.S. busings Tlgs U.S. sa'a~$~ was mxione wbun minute aad was swept to victmy with a di~atnn,~mln$13~,ofd~vo~. U.S. la~ai-'t-m Im~my Cana-, in Haiti m Io ~ ddeal e~'ly. Yet intea'na- ~ and fait, the first in Haiti's hism~'. The U.S. had lltfle choice but to quickly acknowledge Atistide as Haiti's new tire. U.S. Ambas~d~ Alvin Adan~ and President Atistide developed what task of smiting bis co~ntr~ toward political sysmn free of ~orntpbim and viobi~c~ and an econe~ny w~ich could move ine greas mass of Haili*s people f. ,a~ ffti~ Io di~pniF*~d poveff1~. To ilo ~g out to all sec'mrs of Haitian society. including business elites and the Army. The U.S. pledged $82 millin~ in nem~c assistance to the democratic gov- I~spitc A,'istide's modcr~on, I-Iai. tian elites ald no~ lose eight of tbu facl lhat lie represented fund~nenlal change which threatened their privileged pesi- ~ long m*im~ined by violence and Aristidc o~ Sep~ber 29, 1992. The U.S., while voicing sut~c~ fo~ thc rcmm of ~ocrncy. wlticli {he Haitim people lm~ an clearly elmsen in clotting ineir new pr-'~deut, qbicldy hegan to dis mnce his ~,,~n~ rig~s meted. The Aristide Administration: A Time of Hope and Progress Aristi~'s inangumi~ in Feb. When asked about the apparent r~at3'ed'1991, Hains~,~_adiffe~nt cfnnfesinhi~&n~tade, Atistidesald,,! have to deal in facts. Atistide.,isasocial m-Pr~ce. Atnight. pe~plewe~e~tl~ hints, mmt~ ~ose m the ration s bu~i. move popular with ~be l-hiliafl tx~iness ~s~,sa .win him emw atmr. e He .an-,-~mds the ix:n~. His mmetimea goce ~,out mi-bourgeoisie and anti-elite, but as n bminessman, i have to loG& M ~je facts. And the faceit, tl~e is no new law to nati~xxaU~ indus. mark~. n~ law chan~ the las sy~t~n. L'~k~L Afistide could teach Presid~l boreaucracy. He unexpecl~ly showed uP one n~rning az the na~ou's tax e~fice and demand~ ac~ for o mi~ng Office ~ Touris~, wblch oversaw a anploye~ fmtn iu payrolls. Amtide's actiom wmt ~ krug way .mau~b~p Mth ,h,. United States dur. wb~n ArislM~ even hugged ax n p~bUc bettY, than n year qo. T'ne Unimd ~omi¢ ~id in 1991, ~d hM Aristide's possible return raises Haiti hopes Clinton eager to keep boat people at bay PORT-AU-PRINCE, Haiti -- Early outlines of a deal between this nation's militany r~lers and e~]ed Pretid~t Jea~- ohe~vers here. Frovisione may call for. ident for the rest of his five-ye&r term. Ath]e for at. leAst 3,000 deaths since its coup, and for A~,~'e ~ (avaimu~e) · U.S. aid to 'professionalize' the · Ending the Organization of Amer. axporto to Haiti, an embargo chat has failed to stop the flow of gocdl but. dou. bled and tripled price~, hurting the poor- est. · Resuming m~or U.S., French and Canadian aid md gr~duai]y'transform. ~the 'observer' miseion into a tochni- aid r~se~on." Carlo~ Jara, who represented the ora- · ization here from 1978 to 1990, could ~store AHs~de t~ power i~ this, the p~of est nation in the Western Her~sphere. But. Eaymond Lafontant Jr., execu- ~e dL-ector of the A~o6Afion of indus. *deal' would be *only a cosmetic solution, · at a profound solution." 'AVe Are committed to the OAS reso- lution for the seetoration of democracy est~ranking U.S, diplomat here, Deputy Chief of Mission Leslie Alexander, who has run the U.S. embassy since Ambas- sador Alvin Adams departed lest aura- mar. *A.-istids's ~ot to be tutored to his Aristide, in a Jan. 9 interview with the Voice of America's Creole service, di~cuseed to restore him. But he would not set a date for hie return to Haiti. Oliee've~ hare s~ few Haifians think U.S. diplomats -- or mo~t Americans -- underotand the awful split in this coun- try between the wealthy, mulatto 'elite" and the poor. Journalist-politician Aube- I blame no oM. But Hai~ms now i~ tar. truing the country, bur~ng iL' Lafontant pointed out, "There are a milli~ I-hlitians ibr~ld" -- rflcaily in the Unitod States and Canada -- 'and they tancef that averqe shout $200 a momit The Haitiafll are confrontin~ the mod- ern world without producing for it. So they ~o o· a beat 'ltl Al-istids there is hope. Some may not like the ruy. hut ·t least he's their hope. That'e more important that st&rt- i~ off m a baal, so F be camco be~ tbeyl] try to stay in the cotln~ry.' Even some of the elite qree an Aris- tide toe,ratio· could mean more sMhil- it-/. A.w. hitoct Gerard Fombmn, for exam- pie, said: 'They're killing us with the Indeed, the main ~rai~ti spread on waih throughout this city is'~ e~- d Pe~on~l]e, ~ne~e~ ~m~ique, a in both Haiti ~d ~e United S~tas, ~mark~:'~e'~ just ~ed as six ~nced at ~e w~ but nodded ~ ~esidsa~JoF.L~e Jean-C]auda In ~e ~ of ~gane, a few mile~ ~ people, are hustlevJ selling spaces on thees beato a~ $500 to $600 a head dow~ to as ~de as ~30 to $40 to fiji up the hca~, Olivier Ad~m, essistm)t representa. tire of the United Nation'e DeVelopment P~gram ber~ ~ 'thousands and thou- lands of re~s are just waiting to L~. We need a quick solution.' But Clint~m's words do not sub, est a quick iolution. He said, "l will end the puetice (of r,patriatlo~) whan I am fully confident [ eli do so in A way that does not ~ to a human ~raredy. I still belbve the peli~ thould be changed, bat I don't think we can do it immed~Ato]y.' The Reverend l~non d Desjerdins, · Fcench-Cmudian priest who has lived in ltaiti L?, l~r~ and is pestor of St. C. or- and the fovemment'e A democresT, tile · chance of thio; the pressure from the U.S., Canldl, Venezuela is mounting rapidly and Clinton is looking For an Inswlr. But the represelo~ here is iti]l le hi,fi i~me people ain't be Jet o~ the Mmuv/~ib, the U~. Ernlxu~/bas hui O,S00 ~ 8pplica~el in the ~ ~ear, of whi~ 2M ~e ,q3paMd and L~ q~i- og 236 r~g'ufMe to the dock he~.e off Jan. inf 60-bt sailboat. An embassy e~k~a] said tha~ 'with the 0linton changeover. there'll pr~ably be more beat~ but not right away. If the door is open juet 4 lit- th, the poor will wait to s*e how many January 29, 1993 NationaJ Catholic Reporter 15 REPORT ON .TRIP TO HR ITl On December 16, 1990, Haiti held i~ first free nationai election. Jean° Bgm'and Arisrida was clectod P~si- dent. Seven months later he was de; posed by a military coup d'~tat, There is temble and obvious re. pression of 85% of the population by the other 15%~composed of 5% oU- g~chy and 10% miliml3,. When we ~canrIy returned from the Pax Christi USA observation trip to Haiti and ~poned to the Orgamzation of Amerl- can States (OAS) diplomatic delega- · tion, we attested to wide-sp~d human rights abuse. We met with many. puople~toacbers, doctors, peasants, ' deposed cabinet officiais, young men hi hiding. At first, some of these people were reluctant to talk, but once their m~st had been gained, the stories poured ont--stone$ of killings, beatings, ar. mt, disappearances, intimidation. If one is found on the street at night, he is beaten and taken to jail with no re, ason given. Congregating with other people is not allowed. Even youth tio~ cannot meet. In small towns the~ ~ killings at night (pipes filled with cement em used for beatings and mur- der). Everyone is paranoid. The emi nttitude is that the situation is much worse than during the Duvaiier regime. We heard gunfire every highi~.iust pan of the arbitrary intimidation used to keep the people friiht~ond and off bai- ance. The terror is unilateral ned ii a~nitrary. Haiti is a cotmtry wbere th~ people are the enemy. Franldy, it is a miranla that 3,000 of the 35,000 returning refugeus showed up at the U.S. ~nbassy to request esy- lure. Who in his right mind would s~nd in hne in the stznets of Pon.au- Prince --visible to any and nil who would make note of his pre.ncc nad o~ it against him at any or no provoca- tion. Many told us that they we~ afraid to claim political repreasion whon the wned was oot, remnining fam- ily membe~ would ~ ~ ~ w~. ~, ~ ~ ~ ~c U.S., ~ s~ ~ of ~g ~ ~y- 1~, ~ir ~ w~ld ~ ~t · ~ c~m~ ~Ufi~ ~i~ ~d ~ It h~H~w~ ts~nc~f~,~t~ fion, i~ ~ w~ ~v~ ~ ~ ~ of ~ ~ ~m ~v~ent U.S. ~ ~ c~i~ ~ &e ~ ~is ~ ~e~ ~ ~ ~le ~ ~ B~ ~ ~ ~s w~d ~vol~ 6 1~ ~ ~ie. ~s w~ ~ ~ a ~t ~'s in~dv~ of~ B~h don ~cy. ~ Mhtfi~ ~ ~ ~ ~-~ i~cd~ ~t ~on ~ ~s ~ e~o h, for Ev~o~M~o~. ~ ~e ~ f~ ~. ~vi- ~ly, ~ ~y ~m~t ~ However, everyone, eye.one with whmn we six,kc be~ed us to I~easure ltai~n peol~ ncknowlad~e that, as m~ly eofoered ~ rich will ~vemanlly feel the pinch as well and then things v,~ change. The pcc~ m~ wiU~ng to wait and suffer for thn~ chimge. As long as wealthy HaiUens c~ cen? shopping bags ont of Miami into Haid md cases of Haitian mm bock in through U.S. Eighty-five pe~'cant of Haidans are dus~m~atoly po~ and need food and bealth care, hot when specificaily ques- tioned no one ever requested money, fond or medicthe, Whm they asked for was the return of their democratically elected president ,lean. Bertrand Amdde. Whether we in the U.S. agree with thair choice or ncc is im material, It i~ their choice and their fight to cho~e. More than h,mfl-onts, the HaiUan people want the opportunity to llve with dig- These, then, are onr conclusions and recommendations to President Aristide must be rent. ed to his fully empowered position as President of Haiti; temporary asylum must be the da facto govemmem. & Nano, McDo~ld We~ Palm Beach HIV Prisoners Off in a remote corner of Gusatlnamo Naval Base in Cuba some 290 Haltisas sad their dependents are incarcerated behind barbed ~ They are liv- ing out another pathetic chapter in the saga of the Haitian boat people-the waves of refugees who fled the mil- ~ dictatorship that ousted President Jean-Bennmd Arisdde, were press-gsaged on the high seas by the U.S. Coast Guard and transported to Ouantlnamo. The majority of those hapless souls were forcibly returned to the authoritarian darkness of their homeland. But 290 re- main on the bas~ trapped i~l the itoll ~ of U.S. !mmi~lion policy. Among that group, at least 230 have tested positive for HIV; the rest are family members. ~ to reports that have filtered out, they are being sequestered under dire con- ditions that endanger their health. The facts, however, are dif- ficul~ to determine because journalists have been denied access to Ousatlnamo. This ban was apparently imposed at the be- best of the Justice l~ment, which had earlier barred law- yen seeking to ~present the Haltisas in immigration hearings. Faced with a suit challenging that order, .lustice reportedly decided to cut off access to everyone, so that it would not ap- pear to be discriminating against the lawyers. On November 9, attorneys for a group of journalists sad publications, including 7heNation, filed suit in Federal DLs- trict Court in New York City challenging the press ban on grounds that it violated the First Amendment and relevant federal laws sad regulations. Although some stories about the HI¥ detainees' plight have appeared--notably by Daniel Coughlin in Tie Vi#age Voice, QW and "PWA Newsline," and by Lyrme Duke in Tie Wa~Aington Post--they were neces. sarily based on secondhand accounts. Still, these are suffi- ciently credible to raise suspicions that the detainees are being ill treated and denied fundamental human fights. There is also a strong suspicion that the government wants to avoid critical scrutiny (it has denied access to Amnesty International as well). The Navy and the Immigration sad NatursliTation Service deny that.the detainees are being mistreated, but until independent observers are allowed in, doubts will remain. All the imprisoned Haitians had made valid claims for po- liticai asylum, but these collided with the irrational U.S. ira- migration policy barring HIV-positive people, so they were clamped into the kind of concentration camp that conserva- tives wish upon all people with AIDS. The policy of medically testing the Haitian asylum seekers before they were allowed into the United States was unprecedented. Ultimately, the Haitians languishing in Ousattnamo are victims of foreign policy decisions that reek of politics sad prejudice. The Bush Administration claims to support Aris- tide's return to Haiti, but it declines to enforce the interna- tional blockade intended to pressure the military lenders to relinquish power, and they continue to repress their citizens. The drastic action taken to head off the boat people, an af- front to U.S. and international laws governing political asy- lum, is a blatant case of pandering by the Administration to the prejudices of some Florida voters. We hope that among the first of the ~ecutive orders of the ancien r~g#ne that Bill Clinton sweeps away is the one enforc- ing the refugee blockade. Then he should dismantle our pres- ent Haitian policy and replace it with one honestly intended to restore democracy to that unhappy land.