HomeMy WebLinkAboutCouncil Actions 02-16-93MCCADDEN
31342
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
February 16, 1993
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order- Roll Call. Council Member Harvey was
absent.
The ~nvocaaon was delivered by Mayor David A. Bowers.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor Bowers.
Council Member Howard E. Musser introduced Ms. Angela J. McPeak,
Cable Television Government Access Studio Manager.
PUBLIC HEARINGS
Public hearing on the request of Mountain Manor Homes, a Virginia,
non-stock, not-for-profit corporation, sponsored by St. Johns
Episcopal Church, for adoption of a measure in support of tax-exempt
status on real property located at 112 Elm Avenue, S. W. Mr.
E. Griffith Dodson, Jr., Attorney.
Adopted Resolution No. 31342-021693. (4-2, Council Members
McCadden and White voted no.)
e
The City Manager and City Attorney were requested to give notice to
the public and the Bar Association regarding the current Resolution
establishing a policy for requests for tax-exempt status, and to consider
enactment of this policy by Ordinance as opposed to Resolution.
CONSENT AGENDA
C-1
C-2
(APPROVED 6-0)
ALL MATI'ERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE RO~ BY THE MAYOR AND MEMBERS OF
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE
FORM, OR FORMS, LISTED BELOW. THERE WILL BE NO
SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS
DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Minutes of the regular meetings of Council held on Monday,
November 2, 1992; Monday, November 9, 1992; Monday, November 16,
1992; and Monday, November 23, 1992.
RECOMMENDED ACTION: Dispense with the reading thereof and
approve as recorded.
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
C-3
Qualification of James D. Ritchie, Sr., as Assistant City Manager for
the City of Roanoke, effective February 2, 1993.
RECOMMENDED ACTION: Receive and file.
A request of Vice-Mayor Beverly T. Fitzpatrick, Jr., that Council convene
in Execulive Session to discuss a personnel matter, being the salary and
compensation of a specific Council-appointed officer, pursuant to Section
2.1-344 (A)(1), Code of Virginia (1950), as amended.
REGULAR AGENDA
3. HEARING OF CITIZI~.NS UPON PUBLIC MATFERS:
None.
4. PETITIONS AND COMMUNICATIONS:
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A communication from the Roanoke City School Board recommending
appropriation of funds to various school grant accounts.
Adopted Budget Ordinance No. 31343-021693. (6-0)
A communication from Jacqueline L. Shuck, Executive Director,
Roanoke Regional Airport, requesting approval of the Airport
Commission's 1993-94 Proposed Operating and Capital Purchases
budget.
Adopted Resolution No. 31344-021693. (6-0)
A communication from John R. Hubbard, P.E., Chief Executive
Officer, Roanoke Valley Resource Authority, transmitting a resolution
supporting Federal legislation to restore the financial assurance
exception to publicly owned solid waste landfills, and requesting that
Council consider adoption of a similar measure.
Adopted Resolution No. 31345-021693. (6-0)
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5. REPORTS OF OFFICERS:
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a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending appropriation of $94,674.00 to various
departmental accounts to provide funds for procurement of
certain capital maintenance and equipment replacement items.
Adopted Budget Ordinance No. 31346-021693. (6-0)
A report recommending execution of a contract with the
Roanoke City Health Department to provide Community
Development Block Grant funds for expansion of the Resource
Mothers Program.
Adopled Resolution No. 31347-021693. (6-0)
REPORTS OF COMMITTEES: None.
UNFINISHED BUSINESS: None.
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INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
Ordinance No. 31334, on second reading, permanently vacating,
discontinuing and closing a 425 foot portion of Maddock Avenue,
N. W., generally running between the west right-of-way line of
Williamson Road.
Adopted Ordinance No. 31334-021693. (6-0)
4
bo
Ordinance No. 31335, on second reading, permanently vacating,
discontinuing and closing 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.
Adopted Ordinance No. 31335-021693. (6-0)
Ordinance No. 31336, on second reading, permanently vacating,
discontinuing and closing a certain alley located between Jefferson
Street and First Street, S. W.
Adopted Ordinance No. 31336-021693. (6-0)
Ordinance No. 31337, on second reading, amending 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.
Adopted Ordinance No. 31337--021693. (6-0)
A Resolution recognizing the meritorious service rendered to the City
by Daniel E. Wooldridge and designating Mr. Wooldridge as a
commissioner emeritus of the Roanoke Civic Center Commission.
Adopted Resolution No. 31348-021693. (6-0)
9. MOTIONS AND MISCELLANEOUS BUSINESS:
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Inquiries and/or comments by the Mayor and Members of City
Council.
The City Attorney was requested to prepare a measure providing
automobile allowances for two employees of the 13flice of Director of
Real Estate Valnatlon.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
5
10. OTHER HEARINGS OF CITIZF NS:
Mr. John M. Stroud, President, Roanoke Regional Chamber of Commerce,
presented a Resolution adopted by the Board of Directors of Roanoke
Regional Chamber of Commerce, in support of efforts to increase the per
diem rate paid by the Commonwealth for prisoners and to provide 50 percent
of the construction cost of an addition to the Roanoke City Jail, and urging
Council to approve additions to the existing jail. The Resolution was referred
to the City Attorney and City Manager for recommendation.
CERTIFICATION OF EXECUTIVE SESSION. (6-0)
Corinne B. Gott was reelected as the City's representative to the Advisory
Committee, League of Older Americans.
Adopted Resolution No. 31349-021693 providing for certain benefits to be
paid to the Acting Director of Finance. (6-0)
Adopted Resolution No. 31350-021693 establishing the policy of City
Council with respect to compensation of acting Council-appointed officers.
(6-0)
6
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir/inia 24011
Telephone: (703) 981-2341
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #79-137-169
Mr. E. Griffith Dodson, Jr., Attorney
Dodson, Pence, Viar, Young and Woodrum
P. O. Box 1371
Roanoke, Virginia 24007
Dear Mr. Dodson:
I am enclosing two copies of Resolution No. 31342-021693 supporting a bill to be
introduced at the 1993 Session of the General Assembly seeking tax exemption of
property owned by Mountain Manor Homes in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-profit basis, and
memoriaiizing a certain agreement between Mountain Manor Homes and the City of
Roanoke. Resolution No. 31342-021693 was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 16, 1993, and shall be in
full force and effect at such time as a copy, duly signed by an authorized officer of
Mountain Manor Homes, has been filed with the City Clerk.
Please sign and return one copy of Resolution No. 31342-021693 to the City Clerk's
Office, Room 456, Municipai Building, 215 Church Avenue, S. W., Roanoke, Virginia
24011-1536.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: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 24~11
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #79-169-137
The Honorable Jerome S. Howard, Jr.
Commissioner of Revenue
Roanoke, Virginia
Gentlemen:
The Honorable Gordon E. Peters
City Treasurer
Roanoke, Virginia
I am attaching copy of Resolution No. 31342-021693 supporting a bill to be introduced
at the 1993 Session of the General Assembly seeking tax exemption of property owned
by Mountain Manor Homes in the City of Roanoke used by it exclusively for charitable
and benevolent purposes on a non-profit basis, and memorializing a certain
agreement between Mountain Manor Homes and the City of Roanoke. Resolution No.
31342-021693 was adopted by the Council of the City of Roanoke at a regular meeting
held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. James D. Grisso, Acting Director of Finance
Mr. Willard N. Claytor, Director of Real Estate Valuation
Ms. Corinne B. Gott, Acting Director, Human Development
Ms. Donna S. Norvelle, Human Resources Coordinator
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 19, 1993
File #79-169
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Gentlemen:
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
At a regular meeting of the Council of the City of Roanoke held on Tuesday,
February 16, 1993, you were requested to give notice to the public and the Bar
Association regarding Resolution No. 30884-021892, establishing the policy of the
City with respect to supporting requests of certain non-profit organizations for tax-
exempt status, and to consider enactment of said policy by Ordinance as opposed to
Resolution.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of February, 1993.
No. 31342-021693.
VIRGINIA,
A RESOLUTION supporting a bill to be introduced at the 1993
Session of the General Assembly seeking tax exemption of property
owned by Mountain Manor Homes in the City of Roanoke used by it
exclusively for charitable and benevolent purposes on a non-profit
basis, and memorializing a certain agreement between Mountain Manor
Homes and this City.
WHEREAS, Mountain Manor Homes (hereinafter "the Applicant")
has petitioned this Council for support for a bill to be introduced
at the 1993 Session of the General Assembly to exempt certain
property of the Applicant from taxation pursuant to Article X,
S6(a)(6) of the Constitution of Virginia;
WHEREAS, a public hearing at which all citizens had an
opportunity to be heard with respect to the Applicant's petition
was held by Council on February 16, 1993;
WHEREAS, the provisions of subsection B of S30-19.04, Code of
Virginia (1950), as amended, have been examined and considered by
the Council;
WHEREAS,
from taxation
the Applicant agrees that the property to be exempt
is the personal property of the Applicant and its
buildings and as much land as is reasonably necessary to the use of
its buildings, provided such personal and real property shall be
used by the Applicant exclusively for charitable and benevolent
purposes on a non-profit basis; and
WHEREAS, in consideration of Council's adoption of this
Resolution and Council's support of a bill hereinafter described in
Paragraph 1 to be introduced on behalf of the Applicant at the 1993
Session of the General Assembly, the Applicant has voluntarily
agreed to pay each year a service charge in an amount equal to
twenty percent (20%) of the City of Roanoke real estate tax levy,
which would be applicable to real property of the Applicant were
the Applicant not exempt from such taxation, for so long as the
Applicant's real property is exempted from State and local
taxation;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. Council supports a bill to be introduced at the 1993
Session of the General Assembly whereby Mountain Manor Homes
(hereinafter "the Applicant"), a non-profit organization, seeks to
be classified and designated a charitable and benevolent
organization within the context of S6(a)(6) of Article X of the
Constitution of Virginia, and whereby property owned by the
Applicant, which is used by it exclusively for charitable and
benevolent purposes on a non-profit basis, shall be exempt from
State and local taxation.
2. In consideration of Council's adoption of this Resolution
and Council's support of the bill described in Paragraph 1 of this
Resolution to be introduced at the 1993 Session of the General
Assembly, the Applicant agrees to pay to the City of Roanoke on or
before October 5 of each year a service charge in an amount equal
to twenty percent (20%) of the City of Roanoke real estate tax
levy, which would be applicable to real property of the Applicant,
in the City of Roanoke, were the Applicant not exempt from State
and local taxation, for so long as the Applicant is exempted from
State and local taxation.
3. In adopting this Resolution, the Council has examined and
considered the provisions of Subsection B of S30-19.04, Code of
Virginia (1950), as amended, and pursuant to Subsection C of the
same section, Council recommends to the General Assembly that the
specific classification shall be charitable end benevolent.
4. The City Clerk is directed to forward an attested copy of
this Resolution to the Commissioner of Revenue and the City
Treasurer for purposes of assessment and collection, respectively,
of the service charge established by this Resolution, and to E.
Griffith Dodson, Jr., counsel for the Applicant.
5. This Resolution shall be in full force and effect at such
time as a copy, duly signed by an authorized officer of the
Applicant, has been filed with the City Clerk.
ATTEST:
City Clerk.
ACCEPTED, AGREED TOand EXECUTED by Mountain Manor Homes, this
day of , 19
MOUNTAIN MANOR HOMES
By (SEAL)
Title
The Honorable David A. Bowers, Mayor
Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
February 16, 1993
Roanoke, Virginia
FE 11
SUBJECT: Mountain Manor Homes Request for Support for Tax Exempt Status
I. BACKGROUND
II.
III.
A. Non-profit organizations have previously requested the City to
support their requests to the General Assembly to be designated
exempt from taxation pursuant to Article X, Section 6(a) (6) of
the Constitution of Virginia.
B. City Council adopted Resolution Number 30884-02189? on February
18, 1992, to establish guidelines for organizations seeking
support for exemption from taxation. (See Attachment I.)
CURRENT SITUATION
Ac
Mountain Manor Homes through its Attorney, E. Griffith Dodson, Jr.
appeared before City Council on February 1, 1993, seeking support
for tax exempt status from the General Assembly of Virginia.
1. Mountain Manor Homes is a Virginia, non-stock, not-for-
profit corporation, sponsored by St. Johns Episcopal Church
providing fifteen (15) living units for lease to certain
handicapped persons screened through Mental Health Services
of the Roanoke Valley.
2. Financing for Mountain Manor Homes was secured through tho
United States Department of Housing and Urban Development
(mUD).
In 1990, HUD issued a technical regulation requiring action
be taken by the Virginia General Assembly for Mountain Manor
Home's permanent tax exemption status.
The Internal Revenue Service has determined that Mountain
Manor Homes is exempt from federal income tax under Section
(a) of the Internal Revenue Code as a 501(c) (3)
organization.
5o
ISSUES
The Commissioner of Revenue has ~reviously ~laced Mounta
Manor's three official tax ma~ numbers on the City's Real
Estate Tax exempt roll effective with the 1990-91 Real
Estate Tax billing year.
Compliance with City Policy.
Services to citizens.
Cost To The City.
Determination by Commissioner of Revenue.
IV.
E. Setting Precedence
ALTERNATIVES
ao
City Council grant the request of Mountain Manor HomE,., for Council
support of their request to the 1994 General Assembly to be
designated exempt from taxation pursuant to Article X, Section
6(a) (6), of the Constitution of Virginia.
1. Compliance with City Policy. Mountain Manor did not file
the petition for tax exempt status with the City at least 60
days in advance of the 1993 session of the General Assembly
as required by City Council resolution.
2. Services to Citizens. Mountain Manor Homes is a valuable
service to the citizens by providing affordable housing to
individuals with special needs. Delaying support for the
request until the 1994 General Assembly would not have a
negative impact on services to citizens.
3. Cost To The city. Supporting Mountain Manor Homes request
would not immediately impact funding. The City would
receive an annual service fee in an amount equal to twenty
percent (20%) of the real estate tax levy.
4. Determination By Commissioner of Revenue. Mr. Jerome S.
Howard, Jr., Commissioner of Revenue has opined that the
stated purpose and activities of Mountain Manor Homes
conforms to the nature of those non-profit organizations
qualifying for exemption under the Virginia Exemption by
Classification Statute. (See Attachment II)
5. Setting Precedence. Setting precedence would not be an
City Council grant the request of Mountain Manor Homes for support
of their request to the 1993 General Assembly to be designated
exempt from taxation pursuant to Article X, Section 6(a) (6) of
the Constitution of Virginia.
1. Compliance with City Policy. Mountain Manor did not file
the petition for tax exempt status with the city at least 60
days in advance of the next session (1993 session) of the
General Assembly as required by City Council resolution.
2. Services to Citizens. Granting this request would support
the efforts of Mountain Manor Homes and Mental Health
Services of the Roanoke Valley in providing decent,
affordable housing to individuals with special needs in
Roanoke City.
Cost to the City. Supporting Mountain Manor Homes request
would not immediately impact funding. The City would
receive an annual service fee in an amount equal to twenty
percent (20%) of the real estate tax levy.
Determination By Commissioner of Revenue. Mr. Jerome S.
Howard, Jr., Commissioner of Revenue has opined that the
stated purpose and activities of Mountain Manor conforms to
the nature of those non-profit organizations qualifying for
exemption under the Virginia Exemption by Classification
Statute.
5. Setting Precedence. Mountain Manor Homes did not file its
petition for tax-exempt status at least 60 days in advance
of the first day of the 1993 General Assembly. Because the
petition was not filed within the prescribed time periods,
granting this request may set precedence for other
organizations seeking exemptions.
City Council deny request of Mountain Manor Homes for support of
their request to the 1993 General Assembly to be designated exempt
from taxation pursuant to Article X, Section 6(a) (6) of the
Constitution of Virginia.
1. Compliance with City Policy. Mountain Manor did not file
the petition for tax exempt status with the City at least 60
days in advance of the next session (1993 session) of the
General Assembly as required by City Council resolution.
2. Services to citizens. Mountain Manor would not be in
compliance with HUD regulations and Mountain Manor's status
with HUD may negatively impact its ability to serve
individuals with special needs in Roanoke City.
Cost to the city. Denying Mountain Manor Homes request
would negatively impact the City because an annual service
fee would not be received in an amount equal to twenty
percent (20%) of the real estate tax levy.
Determination by Commissioner of Revenue. Mr. Jerome S.
Howard, Jr., Commissioner of Revenue has opined that the
stated purpose and activities of Mountain Manor conforms to
the nature of those non-profit organizations qualifying for
exemption under the Virginia Exemption by Classification
Statute.
Vo
5. Setting Precedence. Mountain Manor Homes did not file its
petition for tax-exempt status at least 60 days in advance
of the first day of the 1993 General Assembly. Because the
petition was not filed within the prescribed time period,
granting this request may set precedence for other
organizations seeking exemptions.
RECOMMENDATION
City Council Concur in Alternative "A" to grant request of
Mountain Manor Homes for Council support of their request to the
1994 Virginia General Assembly to be designated exempt from
taxation pursuant to Article X, Section 6(a) (6) of the
Constitution of Virginia.
WRH/JDR/DSN:gr
Attachments
CC:
Respectfully submitted,
~.~ Robert Herbert ~
C '~ y Manager
James D. Ritchie, Assistanct City Manager
Jerome S. Howard, Jr., Commissioner of REvenue
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Acting Director of Finance
Corinne B. Gott, Acting Director of Human Development
Griffith Dodson, Jr., Dodson Pence Viar Young & Woodrum
Signet Bank Building, Roanoke, Virginia 24011
Ai~CP~2qT I
IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA,
The 18th Day of February, 1992.
No. 30884-021892.
A RESOLUTION establishing the policy of the City with respect
to supporting requests of certain non-profit organizations to
exempt certain property from taxation pursuant to Article X,
S6(a)(6) of the Constitution of Virginia.
WHEREAS, this Council from time to time, has been requested to
adopt a resolution in support of a non-profit organizations request
of the General Assembly to be designated exempt from taxation
pursuant to Article X, Section 6(a)(6) of the Constitution of
Virginia;
WHEREAS, this Council has not heretofore adopted any policy
with respect to those organizations requests and the terms and
conditions under which Council will support an organizations
request for tax-exempt status;
WHEREAS, a written policy will assist Council in considering
whether an organization should be given Council's support of its
request for tax exempt status, and a written policy also will help
to insure that all similarly situated organizations are treated
uniformly;
THEREFORE, BE IT RESOLVED by =he Council of the City of
Roanoke as follows:
1. That effective March 1, 1992, as a condition to receiving
a resolution from Council supporting its request of the General
Assembly to be designated exempt from taxation pursuant to Article
X, Section 6(a)(6) of the Constitution of Virginia,
organizations must:
(a) request a written determination from the
Commissioner of revenue whether the organization is
tax-exempt by classification or designation under
the Code of Vlrginl&;
(b)
notify the City Clerk, in writing, of the
organization.s intent to seek new or additional
space for its activities, such notice shall be
given 45 days prior to the organization's entering
into any contract for the purchase of real property
for which it intends to seek tax-exempt
designation;
all
(a)
(b)
the value of all exempted taxes shall be deducted
from any funding provided by the City to the
organization; and
the Commissioner of Revenue and the Office of Real
Estate Valuation will monitor the tax-exempt status
of the property through the use off
(1) biennial application for tax-exemption;
and
(c) agree to pay to the City an annual service charge
in an amount equal to twenty percent (20%) of the
City of Roanoke real estate tax levy, which would
be applicable to the real property of the
organization, in the City of Roanoke, were the
organization not exempt from such taxation, for so
long as the organizatlon,s real property is
exempted from Stake and local taxation;
(d) submit to the City Manager detailed answers to the
questions set forth in subsection B of S30-19.04 of
the Code of Virginia (1950), as a~ended, such
answers must be submitted no later than November 15
in order to receive a resolution to be considered
by the next session of the General Assembly; and
(e) file a petition for tax-exempt status with City
Council at least sixty (60) days in advance of the
first day of the next session 6f the General
Assembly.
2. If the Council adopts a resolution supporting an
organization's request of the General Assembly, and the request is
granted:
(2) regular use compliance checks by the
Office of Real Estate Valua~£on.
ATTEST:
C~t¥ Clerk.
Attachment II
March 1, 1991
Mr. E. Griffith Dodson, Jr., Attorney
Dodson, Pence, Viar, Woodrum & Mackey
P. O. Box 1371
Roanoke, Va. 24007
Re:
Mountain Manor Homes
Official Tax Map Numbers -
1021005 - 1021006 - 1021007
Dear Grif:
I placed these three official tax map numbers on the
City's Real Estate Tax exempt roll effective with the 1990-
91 Real Estate Tax billing year beginning July 1, 1990 on
the basis that Mountain Manor homes is a charitable and
benevolent Corporation, sponsored by the St. John's
Episcopal Church, for construction of a facility principally
to house and care for mentally handicapped persons in
association with the Mental Health Services of the Roanoke
Valley program directed at caring for these persons and
being a benefit to the community at large.
Please advise me of the anticipated date when
construction of this housing facility will begin. Exemption
for vacant land is predicated on a building located on the
land to effect the exempt purpose of the corporation or an
existing timetable in which a reasonable time is given for
the construction and completion of the building.
As previously mentioned to you, I would recommend that
Mountain Manor Homes pursue its Real Estate Tax exemption by
resolution from City Council to the 1992 session of the
Virginia General Assembly to secure and effect a permanent
exemption from Real Estate Taxes precluding any possible
future challenges to Mountain Manor Homes exempt status.
JSH/elo
With Best Regards, I am,
Jerome S. Howard, Jr.,
Commissioner of Revenue
Attachment II
March 8, 1990
Mr. E. Griffith Dodson, Jr., Attorney
Dodson, Pence, Viar, Woodrum & Mackey
P.O. Box 1371
Roanoke, Va. 24007
Dear Griffith:
Re:
Mountain Manor Homes
Official Tax Map Numbers
1021005
1021006
1021007
Thank you for your letter dated February 23, 1990 and
enclosures pertaining to Mountain Manor Homes. I have
placed the above referenced parcels conveyed from St. John's
Episcopal Church to Mountain Manor Homes on the City of
Roanoke Real Estate tax exempt roll effective July 1, 1990.
Mountain Manor Homes, a non stock, non-profit
charitable and benevolent corporation organized and
sponsored by St. John's Episcopal Church for the specific
purpose of providing housing facilities and services
specifically designed to meet the needs of the elderly and
handicap and shall not carry on any activities not
permitted by a corporation exempt from federal income tax
under section 501(c)(3) of the Internal Revenue code and
that upon dissolution of the corporation, assets shall
distributed for exempt purposes within the meaning of be
section 501(c)(3) of the Internal Revenue code, or shall be
distributed to the federal government, or to a State or
Mountain Manor homes shall be exempt from the assessment of
Real Estate and Personal Property taxes by the City of
Roanoke. Real Estate assessed against these parcels for the
fiscal year beginning July 1, 1989 and ending June 30, 1990
would remain due and payable as billed.
Jerome S. Howard,
Commissioner of Revenue
Roanoke T mes r !d-News
STATE OF VIRGINIA ) Affidavit
CITY OF ROANOKE ~ to wit:
I, (the undersigned), an authorized representative of
· the TLMES-WORLD CORPORATION, which corpo-
ration is publisher of The Roanoke Times & World-
News, a daily newspaper published in Roanoke, in
the State of Virginia, do certify that the annexed
notice was published in said newspapers on the
following dates: .............
· .~..~/~.,..~.~.~ , ~., ,'~;.~
Witness, this. ~.. ~ld, ay of....~..~ ~.,, /. ~ ~_~
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City Council of the City of
Roanoke will hold a publlc hearing at its regular meeting to be
held on February 16, 1993, commencing at 2:00 p.m., in the Council
Chambers, 4th Floor, Municipal Building, 215 Church Avenue, S.W.,
Roanoke, Virginia, on the question of adoption of resolutions
pursuant to S30-19.04, Code of Virginia (1950), as amended, on
request of Mountain Manor Homes, for designation of property to be
exempted from taxation.
Citizens shall have the opportunity to be heard and express
their opinions on said matter.
GIVEN under my hand this 8th
day of February, 1993.
Mary F. Parker, City Clerk.
NOTE TO PUBLISHER:
~lease publish once in the Roanoke Times & World News on
February 1~, 1993.
Send Publisher's Affidavit and Bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
AD. NUMBER - 21203680
PUBLISHER'S FEE - $~3,00
CITY OF ROANOKE
C/O MARY F PARKER
CITY CLERKS OFFICE
ROOM 456 MUNICIPAL BLDG
ROANOKE VA 24011
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION9 WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWS9 A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA~ DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
02/13/93 SATURDAY
WITNESS~ 17TH. 0 Y OF F B A Y
AUTHORIZED SIGNATURE
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir 8inia 240 ~411
Telephone: (?03) 981-2:5
March 4, 1993
SANDRA H. EAKIN
DeputyCity Clerk
Mr. E. Griffith Dodson, Jr., Attorney
Dodson, Pence, Viar, Young and Woodrum
P. O. Box 1371
Roanoke, Virginia 24007
Dear Mr. Dodson:
I am enclosing copy of an invoice from the Roanoke Times & World-News. for
advertising the notice of public hearing on Saturday, February 13, 1993, in
connection with the request of Mountain Manor Homes that a resolution be adopted
in support of a bill to be introduced at the 1993 Session of the General Assembly
seeking tax exemption of property owned by Mountain Manor Homes in the City of
Roanoke used by it exclusively for charitable and benevolent purposes on a non-
profit basis.
Please remit your check, made payable to the City of Roanoke, in the amount of
$63.00, to the City Clerk's Office, Room 456, Municipal Building, 215 Church
Avenue, S. W., Roanoke, Virginia 24011-1536, by Friday March 12, 1993.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Eric.
MINUTES CONSIDERED AT THIS COUNCIL MEETING
MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER,
OR AT THE CITY CLERK'S OFFICE
David A. Bowers
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011-1594
Telephone: (703) 981-2444
February 16, 1993
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
I wish to request an Executive Session to discuss vacancies on various authorities,
boards, commissions and committees appointed by Council, pursuant to Section 2.1-
344 (A)(1), Code of Virginia (1950), as amended.
Sincerely,
Mayor
DAB: se
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: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #15-104-184
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
This is to advise you that James D. Ritchie, Sr., has qualified as the Assistant City
Manager for the City of Roanoke, effective February 2, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc:
Mr. James D. Grisso, Acting Director of Finance
Ms. Doris B. Peters, Retirement Administrator
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Corinne B. Gott, Acting Director, Human Development
Mx'. Kenneth S. Cronin, Personnel Manager
0-2
RECEIvS.!~
Oath or Affirmation of Off~:~4~ ~ .... : -~:~
~tate o] Virginia, Oit~ o~ 1~oanoke, lo .~oi~:
I, 3amo~ D. Ritchio~ Sr,
'93 FEB-_:; P3:13
. do solemnly swear or affirm) that
I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfully and impartially discharge and perform all the duties incumbent upon me as
Assistant City Manager for the City of Roanoke, effective February 2, 1993.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this ~r~ ~ day of
MARY F. PA~K~
City Clerk, CMC/AAE
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
Dcputy City Clerk
February 19, 1993
File #60-467
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31343-021693 amending and reordaining certain
sections of the 1992-93 Grant and General Fund Appropriations, providing for
appropriation of funds to the following school grant accounts: $160.00 - 1992-93
Chapter II Program; $23,682.00 - Alternative Education Program; $5,000.00 -
Vocationai Education Teen Mothers Program; and the second instailment of proceeds
from the 1992-93 Capital Maintenance and Equipment Replacement Fund to provide
for replacement of school furniture and equipment, building maintenance and
alterations, and roof replacement. Ordinance No. 31343-021693 was adopted by the
Council of the City of Roanoke at a regular meeting held on Tuesday, February 16,
1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
pc:
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
Mr. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROi~OKE, VIRGINIA
The 16th day of February, 1993.
No. 31343-021693.
AN ORDINANCE to amend and reordain certain sections of the
1992-93 Grant and General Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 Grant and General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Grant Fund
A ro riatio s
Education
Chapter II 1992-93 (1) ............................
Alternative Education 1992-93 (2) .................
Vocational Education Teen Mothers 1992-93 (3) .....
Revenue
Education
Chapter ~I 1992-93 (4) ........
Vocational Education Teen Mothers 1992-93 (7) .....
A o riations
Education
Instruction (8) .....
Other
Facilities (10-12) ..................................
$20,163,431
136,387
468,924
10,000
$20,163,431
136,387
468,924
10,000
$ 70,188,567
50,699,150
1,372,434
1,944,731
Fund Balance
Capital Maintenance and Equipment Replacement
Program - School Unappropriated
1) Visiting
Teachers
2) Secondary
Teachers
3) Contracted
Child Care
4) Federal Grant
Receipts
5) Federal Grant
Receipts
6) Local Match
7) Federal Grant
Receipts
8) Social
Security
9) Transfer to
Grant Fund
10) Furniture and
Equipment
Replacement
11) Building
Maintenance
and Alterations
12) Roof Replacement
13) CMERP - Schools
(13) ............... $
(035-060-6232-6231-0123) $ 160
(035-060-6434-6100-0121) 23,682
(035-060-6436-6138-0381) 5,000
(035-060-6232-1102) 160
(035-060-6434-1102) 11,841
(035-060-6434-1101) 11,841
(035-060-6436-1102) 5,000
(001-060-6001-6100-0201) (11,841)
(001-060-6005-6999-0911) 11,841
(001-060-6004-6302-0806) 34,790
(001-060-6004-6681-0809)
(001-060-6004-6896-0851)
(001-3324)
154,895
7,340
(197,025)
441,122
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
, ~E[PA~RTMENT OF FINANCE
CITY OF ROANOK£, VA.
February 16, 1993
TO=
FROM~
SUBJECT=
Honorable Mayor and Members of City Council
James D. Grisso, Acting Director of Finance
School Board Request for the Appropriation of Grant
Funds and CMERP Funds
I have reviewed the attached request to appropriate
funding for the School Board. This report will appropriate funding
for three grants in the Grant Fund, which are funded with federal
funds. In addition to federal funds, the Alternative Education
program will receive a local match of $11,841. Funding for the
local match is available in the General Fund budget in the
following account:
Social Security (001-060-6001-6100-0201) $11,841
This report will also appropriate $197,025 from the
School portion of the CMERP funds for the replacement of school
furniture and equipment, building maintenance and alterations, and
roof replacement. The School Board has previously appropriated
$646,942 of it's FY92 CMERP funding of $1,285,089. This will leave
an unappropriated balance of $441,122.
I recommend that you concur with the request of the
School Board.
JDG:pac
~ting Director of Finance
,~ Finn D. Pincus, Chairman
Charles W. Day, Vice Chairman
Marilyn C. Curtis
/-Roanoke
City School Board
C. Nelson Harris
Martha W. O'Neil
Clubert G. Poff
James M. :ruiner, Jr.
Frank P. Tota, Superintendent
Richard L. Kelley, Clerk of the Beard
P.O. Box 13145, Roanoke, Virginia 24031 · 703-981-238t · Fax: 703o98t-295t
February 3, 1993
The Honorable David A. Bowers, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its February 2, 1993 meeting,
the Board respectfully requests City Council to appropriate funds to the following
school grants:
Grant No. 6232 - $160.00 for the 1992-93 Chapter II program to provide funds
for the improvement of instructional services in the school district. The program will
be reimbursed one hundred percent by federal funds.
Grant No. 6434 - $23,682.00 for the Alternative Education program to provide
instruction and guidance services to secondary level students who are at risk of
leaving school due to poor academic achievement, Iow or unrealistic self-concept, or a
poor understanding of academic preparation required to achieve their career interests.
The program will be reimbursed fifty percent by federal funds with a local match.
Grant No. 6436 - $5,000.00 for the Vocational Education Teen Mothers
program to provide child care for students enrolled in the Teen Parents Employability
Development Class. The program will be reimbursed one hundred percent by federal
funds.
The Board further requests the second installment of proceeds from the 1992-
93 Capital Maintenance and Equipment Replacement Fund to be used for the
replacement of school furniture and equipment, for building maintenance and
alterations, and roof replacement.
rg
CC:
Sincerely,
Richard L. Kelley
Executive for Business Affairs
and Clerk of the Board
Mr. Finn D. Pincus
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Robert Herbert
~IM~: Wilburn C. Dibling
James D. Grisso
~Ms, Ila Farriss (with accounting details)
Excellence in Education
RO~OKE CTTY $CROOI, BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Capital Maintenance and Equipment Replacement Funds
Request II
001-060-6004-6302-0806
001-060-6004-6681-0809
001-060-600~-6896-0851
Appropriation Unit
Furniture and Equipment Replacement
Building Maintenance and Alterations
Roof Replacement
$ 34,790.00
154,895.00
7,340.00
$ 197,025.00
The above appropriation represents the second request for proceeds from the
1992-93 Capital Maintenance and Equipment Replacement Fund. The proceeds will
be used for the replacement of school furniture and equipment, for building
maintenance and alterations, and for roof replacement. The unappropriated
balance of the Capital Maintenance and Equipment Replacement Fund remaining
after this request is $441,122.
February 2, 1993
RO~OKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION P.I~UEST
Chapter II 92-93
6232
035-060-6232-6231-0123
Appropriation Unit Z2T
visiting Teachers
160.00
160.00
035-060-6232-1102
Federal Grant Receipts
The 1992-93 Chapter II program will provide funds for the improvement of
instructional services in the school district. The above appropriation
represents additional federal funds made available for the program. The
program will be reimbursed by federal funds. The program will end June 30,
1993.
February 2, 1993
RO~OI~ CITY SCI]OOI, BOARD
Roanoke, Virginia
~PPROPRIATION RF~UEST
Alternative Education 92-93
6434
035-060-6434-6100-0121
Appropriation Unit Z4Z
035-060-6434-1101
035-060-6434-1102
Secondary Teachers
Local Match
Federal Grant Receipts
23,682.00
11,841.00
11,841.00
23,682.00
The Alternative Education program will provide instruction and guidance
services to secondary level students who are at risk of leaving school due to
poor academic achievement, low or unrealistic self-concept, or a poor
understanding of academic preparation required to achieve their career
interests. The above appropriation represents additional federal funding
which has become available if matched by local funds. Local match for the
addition will come from account 001-060-6001-6100-0201. The program will end
June 30, 1993.
February 2, 1993
RO~Oi~ CITY SCHOOl, BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Vocational Education Teen Mothers 92-93
6436
035-060-6436-6138-0381 Contracted Child Care
Appropriation Unit Z42
$ 5,000.00
035-060-6436-1102
Federal Grant Receipts
$ 5,000.00
The Vocational Education Teen Mothers program will provide child care for
students enrolled in the Teen Parents Employabilit¥ Development Class. The
above appropriation represents additional federal funds available for the
program. The program is one hundred percent reimbursed by federal funds. The
program will end June 30, 1993.
February 2, 1993
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 426
Roanoke, Virginia 24011
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #9-60
Mr. Bob L. Johnson, Chairperson
Roanoke Regional Airport Commission
5202 Aviation Drive, N. W.
Roanoke, Virginia 24012-1148
Dear Mr. Johnson:
I am enclosing copy of Resolution No. 31344-021693 approving the Roanoke Regional
Airport Commission's 1993-1994 proposed operating and capital budget, as well as a
separate listing of proposed capital expenditures, as more particularly set forth in
a report of the Airport Commission under date of February 9, 1993. Resolution No.
31344-021693 was adopted by the Council of the City of Roanoke at a regular meeting
held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Jacqueline L. Shuck, Executive Director, Roanoke Regional Airport
Ms. Cathy S. Pendleton, Secretary, Roanoke Regional Airport Commission
Mr. Mark A. Williams, General Counsel, Roanoke Regional Airport Commission
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of February, 1993.
No. 31344-021693.
VIRGINIA,
A RESOLUTION approving the Roanoke Regional Airport
Commission's 1993-1994 proposed operating and capital budget upon
certain terms and conditions.
BE IT RESOLVED by the Council of the City of Roanoke that in
accordance with the requirements of the Roanoke Regional Airport
Commission Act and the Roanoke Regional Airport Commission Contract
dated January 28, 1987, the City of Roanoke hereby approves the
Airport Commission's 1993-1994 proposed operating and capital
budget, as well as a separate listing of proposed capital
expenditures, as more particularly set forth in a report from the
Commission to this Council dated February 9, 1993.
ATTEST:
City Clerk.
Airport Commission
Bob, L. Johnson, Chairman
W. Robert Herbert
H, Odell Minnix
Kit B. Kiser
Jacqueline L. Shuck, Executive Director
February 9, 1993
5202 Aviation Drive
Roanoke, Virginia 240~2-4448
[703] 362-4999
FAX [703] 563-4838
Honorable Mayor and Members
Roanoke City Council
Roanoke, Virginia
Re:
Roanoke Regional Airport Commission
Fiscal Year 1993-94 Budget and Proposed
Capital Expenditures
Dear Mrs. Bowles and Gentlemen:
In accordance with the requirements of the Roanoke Regional Airport Commission Act, and
the Roanoke Regional Airport Commission Contract dated January 28, 1987, submitted for your
approval is the Airport Commission's 1993-94 proposed Operating and Capital Purchases Budget,
as well as a separate listing of proposed capital expenditures which are expected to exceed
$100,000 and are intended to benefit five or more future accounting periods.
The Commission has been advised by bond counsel that formal approval of the budget by
resolution of each of the participating political subdivisions would be appropriate. The capital
expenditure list also requires formal approval,
I will be pleased to respond to any questions or comments that you may have with regard
to this matter. On behalf of the Commission, thank you very much for your help and cooperation.
Very truly yours,
Jacqueline L. Shuck
Executive Director
JLS:csp
Enclosures
CC:
Chairman and Members, Roanoke Regional Airport Commission
Mary F. Parker, Clerk, Roanoke City Council
Wilburn C. Dibling, Roanoke City Attorney
Mark Allan Williams, General Counsel, Roanoke Regional Airport Commission
020993.d
93budget.ltr
04-Feb-93 ATTACHMENT I
ROANOKE REGION.4L .4IRPORT COMMISSION
PROPOSED FY 93-94 BUDGET
1992-93 Budgeted 1993-94 Budgeted
EXPENSE BUDGET Expenditures Expenditures
1. Operations and Maintenance Expenses
A. Salaries, Wages and Benefits $1,247,301 $1,409,900
B. Operating F_~q~cnditures 1,165,895 1,147,230
C. City Services 599,500 621,000
D. Other Projects 89,000 78,000
Total Operatioas and Maintenance 3,101,696 3,256,130
2. Non-Operating Expenses
A. Interest 613,482 594,218
B. Debt Service 266,073 288,976
Total Non-Operating 879,555 883,194
3. Capital Purchases
A. Capital Purchases 33,500 17,300
Total Capital Purchases 33,500 17,300
Total Budgeted Expenditures $4,014,751 $4,156,624
1992-93 Budget 1993-94 Projected
REVENUE PROJECTIONS Revenues Revenues
1. Operatinc, I Revenues
A. Airfield $858,175 $843,657 *
B. General Aviation 112,225 112,625
C. Terminal Related 2,875,668 2,935,382
D. Other Revenues 124,525 169,426
Total Pro.~ccted Operating Revenues 3,970,593 4,061,090
2. Non-Operating Revenues
A. Interest from Debt Service 48,000 27,500
B. Interest on Investments 200,000 175,000
C. Roanoke County Base Service Fee 264,640 264,640
Total Projected Non-Operting Revenues 512,640 467,140
Total Projected Fievenue $4,483,233 $4,528,230
· Includes $83,900 which will be collected and allocated es
matching funds on federal grants and not expended as part
of the operating and capital budget.
ATrACHMENT II
PROPOSED CAPITAL EXPENDITURES
(For projects expected to exceed $100,000 in cost
and intended to benefit five or more accounting periods.)
PROJECTS:
Purchase and Install Airfield Signage
a. D~: Pumhase and install approximately 100 directional and informa-
tional signs along the various taxiways and runways.
b. ~: New Federal Aviation regulations require the addition of numerous
airfield signs to assist aircraft pilots. Unless a waiver is granted, the installation
is required to be completed by January 1, 1994.
Estimated Construction Cost: $800,000.00
Relocate and Construct Electrical Vault
a. ~: Relocate the main electrical vault from the basement of the former
terminal building, and expand its capacity.
b. ~: The airfield signage project will cause the airport to exceed the
capacity of the current electrical vault. A new vault is required due to the
current vault being too small to add sufficient capacity and the expected
demolition of the former terminal building.
Estimated Construction Cost: $200,000.00
Construction of Cargo Ramp:
a. ~: Construct ramp near the approach end of Runway 24 for the on
and off loading of air cargo.
b. ~: Increased ramp space for cargo operators, which now account for
one-fourth (1/4) of all landed weights, is currently needed. This will also
facilitate removal of some cargo operators from the general aviation area.
Estimated Construction Cost: $3,000,000.00
Construct New Employee Parking Lot:
a. ~: Construct an employee parking lot between Aviation Drive and the
east side of the new terminal ramp.
b. ~: With a return to more normal passenger levels, the lack of suffi-
cient long term parking area has become apparent. The building of the pro-
posed new employee lot would permit the conversion of the current employee
lot to paid parking and not add to the distance employees would have to walk
to reach the terminal.
Estimated Construction Cost: $145,000.00
Page Two
FUNDING SOURCES:
Federal Airport Improvement Program Grant Funds
Commonwealth Aviation Grant Funds
Commission Funds
City and County Funds
$3,600,000
2O0,00O
345,000
$4,145,00O
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 19, 1993
File #137-144-253
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31345-021693 supporting federal legislation to
restore the financial assurance exemption to publicly owned solid waste landfills.
Resolution No. 31345-021693 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
Mr. John H. Parrott, Chairperson, Roanoke Regional Solid Waste Management
Board, 714 Wildwood Road, S. W., 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. Jeffrey A. Cromer, Solid Waste Disposal Manager, Roanoke Valley
Regional Solid Waste Management Board
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 2~11
Telephone: (703) 981-2.541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #137-144-253
Mr. John R. Hubbard, P. E.
Chief Executive Officer
Roanoke Valley Resource Authority
3433 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
Dear Mr. Hubbard:
I am enclosing copy of Resolution No. 31345-021693 supporting federal legislation to
restore the financial assurance exemption to publicly owned solid waste landfills.
Resolution No. 31345-021693 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Ene o
MARY F. PABKi~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 19, 1993
File #137-144-253
The Honorable Robert W. Goodlatte
Congressman
House of Representatives
22 W. Church Avenue, S. W.
Roanoke, Virginia 24011
Dear Congressman Goodlatte:
I am enclosing copy of Resolution No. 31345-021693 supporting federal legislation to
restore the financial assurance exemption to publicly owned solid waste landfills.
Resolution No. 31345-021693 was adopted by the Councli of the City of Roanoke at a
regular meeting held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
MARY lr. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
21~ Church Avenue, S.W., Room 456
Roanoke, Vir~nia 24011
Telephone: (?0~) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #137-144-253
The Honorable Charles S. Robb, Senator
United States Senate
Room 493, Russell Senate Office Building
Washington, D. C. 20510
Dear Senator Robb:
I am enclosing copy of Resolution No. 31345-021693 supporting federal legislation to
restore the financial assurance exemption to publicly owned solid waste landfills.
Resolution No. 31345-021693 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
MARY F. PA~k~U~
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2.541
8ANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #137-144-253
The Honorable John W. Warner, Senator
United States Senate
Room 325, Russell Senate Office Building
Washington, D. C. 20510
Dear Senator Warner:
I am enclosing copy of Resolution No. 31345-021693 supporting federal legislation to
restore the financial assurance exemption to publicly owned solid waste landfills.
Resolution No. 31345-021693 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Ene.
MARy F. PARKF~
City Clerk, CMC/AAE
CITY OF ROANOKF
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
February 19, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #137-144-253
Ms. Carol B. Wagner, Secretary
Roanoke Valley Resource Authority
3433 Brambleton Avenue, S. W.
Roanoke, Virginia 24018
Dear Ms. Wagner:
I am enclosing copy of Resolution No. 31345-021693 supporting federal legislation to
restore the financial assurance exemption to publicly owned solid waste landfills.
Resolution No. 31345-021693 was adopted by the Council of the City of Roanoke at a
regular meeting held on Tuesday, February 16, 1993.
SHE:sm
Sincerely,
Sandra H. Eakin
Deputy City Clerk
Eno.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of February, 1993.
No. 31345-021693.
A RESOLUTION supporting federal legislation to restore the
financial assurance exemption to publicly owned solid waste
landfills.
WHEREAS, on October 9, 1991, the U.S. Environmental Protection
Agency promulgated new regulations, pursuant to Subtitle D of the
Federal Resource Conservation and Recovery Act, which establish
stringent standards for the location, design and operation of solid
waste landfills; and,
WHEREAS, most of the Federal Subtitle D regulations, which
were developed over a period of seven years, become effective on
October 9, 1993; and,
WHEREAS, these regulations will remove the exemption which now
applies to local governments in being required to demonstrate
financial assurance; and,
WHEREAS, financial assurance requirements will require local
governments to demonstrate the ability to meet the financial costs
of closure, 30 year post-closure monitoring, and corrective action;
and
WHEREAS, financial assurance requirements are expected to
impose upon local governments extreme and unnecessary financial
burdens; and
WHEREAS, local governments will require additional time to
develop strategies for meeting financial assurance requirements; and
WHEREAS, the City of Roanoke is a member jurisdiction in the
Ronaoke Valley Resource Authority;
BE IT RESOLVED by the Council of the City of Roanoke that:
1. This Council formally supports adoption by the United
States Congress of legislation that would restore the exemption to
solid waste landfills owned by public entities, such as the Roanoke
Valley Resource Authority, in demonstrating financial assurance.
2. The Clerk is directed to forward an attested copy of this
resolution to the Honorable John Warner and the Honorable Charles
Robb, United States Senators, the Honorable Robert Goodlatte,
Member, United States House of Representatives, and also to the
Secretary of the Roanoke Valley Resource Authority.
ATTEST:
City Clerk
ROANOKE VALLEY RESQ I THORITY
3433 Brambl~tlciff A~Ue, SW' '
Roanoke, Virginia 24018
(703) 7~-2~0~ 0 h~(] ~(31
February 4, 1993
Ms. Mary Parker
City Clerk
215 Church Ave.
Roanoke, VA 24011
Dear Ms. Parker:
I am forwarding to you an attested copy of the Roanoke Valley Resource Authority
Resolution RA93-40, supporting Federal legislation to restore the financial assurance exception
to publicly owned solid waste landfills. This resolution was approved by the Roanoke Valley
Resource Authority at its January 21, 1993 Board meeting.
The Roanoke Valley Resource Authority requests that the City Council consider adoption
of a similar resolution in support of this federal legislation.
Sincerely,
John ~d, P.E.
Chief Executive Officer
cc: Kit Kiser
RESOLUTION No. RA93~
A RESOLLrrlON SUPPORTING FEDERAL LF~(]ISLATION TO RESTORE THE
FINANCIAL ASSURANCE EXE_MPTION TO PUBLICLY OWNED SOLff) WASTE
LANDFII.I~.
WHI:.REAS, on October 9, 1991, the U. S. Environmental Protection Agency
promulgated new regulations, pursuant to Subtitle D of the Federal Resource Conservation and
Recovery Act, which establish stringent standards for the location, design and operation of solid
waste landfills; and,
WHEREAS, most of the Federal Subtitle D regulations, which were developed
over a period of seven years, become effective on October 9, 1993; and,
WHEREAS, these regulations will remove the exemption which now applies to
local governments in being required to demonstrate financial assurance; and,
WHEREAS, financial assurance requirements will require local governments to
demonstrate the ability to meet the financial costs of closure, 30 year post-closure monitoring,
and corrective action; and,
WHEREAS, financial assurance requirements are expected to impose upon local
governments extreme and unnecessary financial burdens; and,
WHEREAS, local governments will require additional time to develop strategies
for meeting financial assurance requirements;
NOW, THF. REFORE, BE IT RESOLVED by the Roanoke Valley Resource
Authority that this Authority formally supports adoption by the United States Congress of
legislation that would restore the exemption to solid waste landfills owned by public entities,
such as this Authority, in demonstrating financial assurance.
BE IT FURTHER RESOLVED that the Secretary is directed to forward an
attested copy of this resolution to the Honorable John Warner and the Honorable Charles Robb,
United States Senators, the Honorable Robert Goodlatte, Member, United States House of
Representatives, and also to the Clerk of the Roanoke County Board of Supervisors, the Clerk
of the Roanoke City Council, and the Clerk of the Vinton Town Council.
ATTEST:
Ca~lyn B. ~Vagner, RVRA l(~oard Secretary
Mr. Kiser made a motion to approve resolution RA93-40 supporting federal legislation
to restore the financial assurance exemption to publicly owned solid waste landfills, seconded
by Ms. Hyatt, and carried by the following recorded vote:
AYES:
NAYS:
ABSENT:
Mr. Benninger, Ms. Hyatt, Mr. Kiser, Ms. Schefsky, Mr. Smith
None
Ms. Wimmer
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2~11
Telephone: (?03) 981-2541
SANDRA H. EAK1N
Deputy City Clerk
February 19, 1993
File #60-67-106-183-200-217-354-497
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Ordinance No. 31346-021693 amending and reordaining certain
sections of the 1992-93 General Fund Appropriations, by appropriating $94,674.00
to various departmental accounts to provide funds for procurement of certain capital
maintenance and equipment replacement items. Ordinance No. 31346-021693 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Mr. W. Robert Herbert, City Manager
Mr. William F. Clark, Director, Public Works
Mr. John R. Marlies, Chief, Community Planning
Mr. Gary N. Fenton, Manager, Parks and Grounds
Mr. George C. Snead, Jr., Director, Public Safety
Ms. Wands B. Reed, Manager, Emergency Services
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. D. Darwin Roupe, Manager, General Services
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROi~IOKE,
The 16th day of February, 1993.
1992-93
emergency.
WI~EREAS,
Government
exist.
VIRGINI~
No. 31346-021693.
AN ORDINANCE to amend and reordain certain sections of the
General Fund Appropriations, and providing for an
for the usual daily operation of the Municipal
of the City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1992-93 General Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
General Government
Commissioner of Revenue (1) .......................
Public Safety
Emergency Medical Service (2) .....................
Public Works
Park Maintenance (3) ..............................
Parks, Recreation & Cultural
Recreation (4) ....................................
Community Development
Community Planning (5) ............................
Capital Maintenance Replacement & Equipment
Program - City Unappropriated (6) ................
1) Appropriation
from General
Revenue
2) Appropriation
from General
Revenue
(001-022-1233-9005) $ 1,297
(001-050-3521-9015) 15,000
$ 9,084.441
773.897
29,853200
1,126 152
20,435 540
3,661 769
4,402 455
1,267 832
938 885
472,996
$ 1,417,845
3) Appropriation
from General
Revenue
4) Appropriation
from General
Revenue
5) Appropriation
from General
Revenue
6) CMERP - City
(001-050-4340-9015) $ 17,258
(001-050-7110-9015) 21,119
(001-052-8110-2010) 40,000
(001-3323) (94,674)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
RECEIPTED
Roanoke, vir~TnYi~L E F~ ' ~ ~ ~'
February 16, 1993
'93 FSBIO A10:02
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Fund Appropriations
I. Backqround
Capital Maintenance and Equipment Replacement
Proqram has identified needs for various City
departments.
II.
Identified items are needed for the continued
efficient and most effective performance of
assigned duties and task of various departments.
Attachment "A" is a listing of some of those items
that were identified and are anticipated to cost
less than $15,000 per single item.
Sinqle purchases, which cost less than $15,000 will
be procured through the competitive bid process in
accordance with the Procurement Code as identified
in Section 23.1 of the Code of the City of Roanoke.
Current Situation
Council's appropriation of Funds are necessary to
provide for the purchase of those items listed on
Attachment "A" all of which are single purchases
that will cost less than $15,000 per item.
III. Issues
1. Need
2. Timeliness
3. Fundinq
IV. Alternatives
Council appropriate $94f674 to various City
department accounts to provide for the procurement
of Capital Maintenance and Equipment Replacement
items as listed on Attachment "A".
Fund Appropriations
Page 2
Need Requested items are necessary for the
continued performance of required duties for
those departments listed on Attachment "A".
Timeliness - Requested items can be
expediently procured in the most timely
fashion with this alternative.
Fundinq - Designated Funds
the Capital Maintenance
Replacement account.
are available in
and Equipment
Do Not ADDropriate Funds
Need - Required duties and task would not be
accomplished in the most efficient manner.
2. Timeliness - would not be a factor in this
alternative.
3. Fundinq - Designated Funds would not be
expended under this alternative.
Recommendation
Council concur with Alternative "A" - appropriate
$94,674 from Capital Maintenance and Equipment
Replacement Account to various accounts as follows:
$15~000 to Emergency Medical Service account
001-050-3521-9015
$40~000 to Community Planning account
001-052-8110-2010
$17~258 to Grounds Maintenance account
001-050-4340-9015
$15,000 to Parks Department account
001-050-7110-9015
$6~119 to Parks Department account
001-050-7110-9015
Funds Appropriation
Page 3
cc:
$1r297 to Commissioner of Revenue account
001-022-1233-9005
Respectfully Submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Office of Management & Budget
Attachment "A"
Listed below are priority items of the Capital Maintenance and
Equipment Replacement Program (CMERP) which is less than $15,000
per item. All items either have been or will be acquired through
the competitive bid process.
Emergency Medical Services
Jaws of Life and Related Equipment
$15,000
Conm~unitv Planning
Comprehensive/Strategic Plan
consisting of three (3) phases
each less than $15,000
40,000
Grounds Department
Eleven (11) Two-Way Radios
Hydraulic Post Hole Digger
Cab for Mowing Tractor
10,340
3,418
3,500
Parks Department
Modular Play Ground Equipment
Six (6) Two-Way Radios
15,000
6,119
5. .Commissioner of Revenue
File Cabinet
1~297
Total $94,674
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24~11
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #22-72-236-304
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 31347-021693 authorizing execution of an
agreement with the Roanoke City Health Department to provide for use of Community
Development Block Grant funds, in the amount of $34,655.00, to be used for
expansion of the Resource Mothers Program, in accordance with recommendations
contained in your report under date of February 16, 1993. Resolution No. 31347-
021693 was adopted by the Council of the City of Roanoke at a regular meeting held
on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
pc:
Mr. James D. Ritchie, Assistant City Manager
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Corinne B. Gott, Acting Director, Human Development
Dr. Donald R. Stern, Director, Health Department
Ms. Marion V. Crenshaw, Youth Planner
Ms. Marie T. Pontius, Grants Monitoring Administrator
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of February, 1993.
No. 31347-021693.
VIRGINIA,
A RESOLUTION authorizing the execution of an agreement with
the Roanoke City Health Department to expand the Resource Mothers
Program.
BE
follows:
1.
IT RESOLVED by the Council of the City of Roanoke as
That the City Manager or the Assistant City Manager and
the City Clerk are hereby authorized, for and on behalf of the
City, to execute and attest, respectively, an agreement with the
Roanoke City Health Department, which agreement shall provide for
the use of CDBG funds in the amount of $34,655.00 to be used for
the expansion of the Resource Mothers Program, in accordance with
the recommendations contained in the City Manager's report to this
Council dated February 16, 1993.
2. The form of the agreement shall be approved by the City
Attorney.
ATTEST:
City Clerk.
£;ITY C'.
Honorable Mayor and Members of Council
Roanoke, Virginia
~noke, Virginia
F~bruary 16, 1993
:39
Dear Members of Council:
SUBJECT:
Community Development Block Grant (CDBG) Contract
with the Roanoke City Health Department for the
Resource Mothers Program.
Background:
Office of Youth completed a study of teen pregnancy
called "Children Having Children" in 1988, recognizing
the need to concentrate more resources on the problem of
teen pregnancy and teen parents.
Pregnancy among teenagers is increasinq at a rate of
approximately 10% per year and is occurring at an
earlier age.
The former Mayor called upon the City to address the
problems of teen pregnancy in his State of the City
address.
The Resource Mothers program, operated by the Roanoke
City Health Department, is currently funded by a
Virginia Department of Health Maternal Child Health
Grant.
Ee
The Resource Mothers program provides prenatal care,
education support, parenting training and crisis
intervention services to pregnant teens and teen
parents.
The Roanoke City Health Department submitted a proposal
on February 14, 1992 to the City to use CDBG funds for
an expansion of the Resource Mothers Program to be
jointly operated with the Department of Social Services.
City Council authorized funding for the Resource Mothers
program as part of the 1992-1993 CDBG application on May
11, 1992 by Resolution No. ~-051192.
II. Current Situation:
A contract has been prepared to provide $34,655.00 in
CDBG funds to the Roanoke City Health Department to
increase the number of low income pregnant teens and
teen parents served in the City of Roanoke.
Mayor and Members of City Council
Page 2
III.
B. The contract shall be for the time period of November 1
1992 through October 31, 1993. '
The CDBG funding enables the Roanoke City Health
Department to increase the numbers of youth served from a
total of 2--5 to 6-5 clients, an increase of 160%
De
This contract needs to be executed so that the Roanoke
Health Department can serve 40 additional low income
pregnant teens or teen parent.
Issues:
A. Cost to the City
B. Timin~
C. Funding
Services to Roanoke's low income pregnant teens and teen
parents
E. Coordination of existin~ resources
IV. Alternatives:
Authorize City Manager to execute the attached contract
to award the Roanoke City Health Department to expand
the Resource Mothers Program.
1. Cost to the City will be $34,655.00.
Timin~ is critical for the Resource Mother program
to continue to meet the pressing needs of low
income pregnant teens and teen parents in Roanoke.
Funding is available for this program in account
No. 035-092-9238-5222.
Services to 40 additional pregnant teens and teen
parents would be provided.
Coordination between the Roanoke City Health
Department and the Department of Social Services
will be enhanced by joint efforts to share
training, referrals, and resources.
Mayor and Members of City Council
Page 3
Do not authorize City Manager to execute the attached
contract to award the Roanoke City Health Department
$34,655.00 in CDBG funds to expand the Resource Mothers
program.
Cost to the City would not be an issue. However,
without early and effective prenatal care, the
children born to low income teen parents may need a
multitude of subsidized services throughout their
lives.
2. Timin~ would not be an issue.
3. Fundin~ of this project would not occur.
Services to 40 pregnant teens or teen parents would
not occur.
5. Coordination of efforts would not be enhanced.
Recommendation:
It is recommended that City Council concur in Alternative A
and authorize the City Manager to execute the attached
contract with the Roanoke City Health Department.
Respectfully submitted,
W. Robert Herbert
City Manager
attachment
WRH/LSS
CC:
Assistant City Manager
City Attorney
Acting Director of Finance
Acting Director of Human Development
Grants Monitoring Administrator
Director of the Roanoke City Health Department
Social Services Superintendent
Youth Planner
LX:resource.cou
CONTRACT BETWEEN THE CITY OF ROANOKE
AND
ROANOKE CITY HEALTH DEPARTMENT
FOR
RESOURCE M(YI'KE~S PROGRAM
THIS AGREEMENT is made and entered into this 16th day of February,
1993 by and between the following parties:
City of Roanoke (herein called the "Grantee")
215 Church Avenue, S.W.
Roanoke, Virginia 24011
and -
Roanoke City Health Department
"Subgrantee")
515 Eighth Street, S.W.
Roanoke, Virginia 24016
(herein called the
The grantee has been authorized by its City Council pursuant to
Resolution Number adopted to provide
$44,000 in Community Development Block Grant funds for the Resource
Mothers program of which $34,655.00 is to be provided to the Roanoke
City Health Department.
The parties hereto agree as follows:
1. SCOPE OF SERVICES
The Roanoke City Health Department Resource Mothers Program will
provide assistance to teenage mothers of which at least 51% will be
from low to moderate income households. The Resource Mothers Program
will assist teenage mothers with entry into prenatal care; education
on nutrition, breast feeding, parenting; and crisis intervention
services.
Objective I: The subgrantee will increase its services to pregnant
teens and teen mothers who are Roanoke City residents through the
Resource Mothers Program will increase its caseload from 25 to 65
clients by October 31, 1993.
Strategy A: The Resource Mothers Coordinator who was previously
working part time, will become a full time employee for the
duration of this contract.
StrateQ~; B: Two additional part time Resource Mothers program
employees were hired.
Therefore, the hours provided to pregnant teens and teen mothers
will increase from a previous level of approximately 1,600 hours
per year to approximately 4,400 hours per year by October 31,
1993.
Agreement
page 2
Objective II: The subgrantee will work cooperatively with the
Roanoke City Department of Social Services.
Strategy A: A written service delivery agreement between the
Department of Social Services and the Roanoke City Health
Department will be entered into by February 28, 1993.
agreement will be followed throughout the duration of This
contract. The two agencies will assist each other in this
, training
efforts Coordination of service, sharing of ideas and
referrals.
9bje~t~ve. III~ The subgrantee will encourage and support clients to
complete nigh school. 60% of the clients in
enrollment will ei~ ...... school at the ~m~ ~
25 % of those who ~ ~u~_~ ~e~urn to school post-pa~ ~d
· ~ u=ueu from high school and are not in
school at enrollment w~ll return to school.
~trategy A: The Resource Mothers will contact each client's
teacher/guidance counselor a minimum of one time per month to
ascertain attendance/academic progress of those clients
previously enrolled.
~trate97 B: The Resource Mothers will provide a minimum of two
educational options for those clients not Currently enrolled in
school (ex. GED, homebound)
Strategy C: The Resource Mothers will support and encourage the
teen's educational efforts.
Objective IV: Resource Mothers will provide counseling and
supportive services to increase the percentage of satisfactory birth
weights (over 2,500 grams) of babies born to the clients enrolled in
the program.
Strategy A: Resource Mothers will assess client's needs and
provide the training, Counseling and advocacy efforts to assist
the teen parents with health related needs.
~ Increase the abilities of the Resource Mothers to
better assist their pregnant teen and teen parent clients.
Strategy A: Conduct two joint training sessions for Resource
Mothers with the Department of Social Services Pregnant
Teen/Teen Mother Case Aides by September 1993.
~trategy B: Resource Mothers Coordinator will hold weekly
meetings with the Resource Mothers to provide ongoing training
and to share information and ideas.
Qb~ective VI- To aid in the reduction of the infant mortality rate
in Roanoke City, at least 64 of the 65 pregnant teens in the Resource
Mothers Program will have live births.
Agreement
page 3
Strategy A: Resource Mothers will continually assess client's
needs and provide the needed guidance and resources to assist
pregnant teens with health related issues.
Objective VII: Reduce client involvement with protective services
regarding child abuse and neglect charges.
Strategy A: Each client will receive a monthly parenting
session from her Resource Mother.
Specific activities provided by the Resource Mothers to address all
objectives listed above include:
2. TIME
1. Conduct home visits to assess teen's needs, discuss her
concerns, provide information, facilitate use of
prenatal and social services.
2. Provide transportation.
3. Be a supportive advocate for the teen.
4. Remain accessible to the teen outside of normal work
hours.
5. Become a role model for the teen.
6. Assist teen with problem solving practical issues such as
transportation and babysitting.
7. Assist teen in remaining/returning to selected
educational program.
8. Encourage teens efforts to delay subsequent pregnancies.
9. Participate and share ideas and information during weekly
team meetings.
10. Maintain the needed records.
11. Coordinate services to the teens with others available
resources in the City.
OF PERFORMANCE
This agreement shall be for the period of November 1, 1992 through
October 31, 1993. Agreement may be extended upon the written
agreement of both parties.
3. BUDGET
The total CDBG budget for the Resource Mothers program is $44,000 of
which $34,655 is provided to the City of Roanoke Health Department.
Total Revenue for the Resource Mothers Program
City of Roanoke Health Department
1992-1993 CDBG Funds
Virginia Department of Health
Child Health Grant
$34,655
$35,000
Total: $69,655
Agreement
page 4
Expenditures:
CDBG
VA
HEALTH
GRANT
Salaries and Fringes
1 . Resource Mother Coordinator
$16,173
$12,891
Fringe Benefits:
VRS Ret.
FICA
Medical Insurance
Life Insurance
Retiree Med. Insurance
Workman's Comp.
General liability
$ 1,452
$ 1,237
$ 1,181
$ 141
$ 65
$ 91
$ 10
$ 1,158
$ 986
$ 984
$ 113
$ 52
$ 72
$ 7
Two Resource Mothers
$6.19 per hr.
(20 hrs. per week x 50 weeks)
Fringe Benefits:
FICA
Workman's Comp.
General liability
3. Supplies
e
Office
Educational
Travel
(local and out of town)
Services
Media services (newspaper ads)
Convention & education fees
Medical services (physicians'
fees)
$12,380
947
145
16
$ 413
0
$ 4O4
$34,655
CDBG
$ 6,570
503
214
35
$ 0
$ 565
$ 2,472
$ 189
$ 200
$ 7,989
$35,000
VHG
Agreement
page 5
PROPOSED PAYMENT SC~R~ULE AND PROCEDURES:
This will be a monthly cost reimbursement contract. Requests
for payment, accompanied by an invoice from the Health
Department, will be submitted to the assigned Project Manager
for initial review. Approval for payment will be made by the
Office of Grants Compliance. Payment will be made to the
Subgrantee within ten (10) days from date of receipt, if all
compliance issues are met. Approval of reimbursement requests
will be subject to timely receipt of the quarterly reports as
detailed in Paragraph 11.
INDEMNIFICATION:
The Subgrantee agrees to indemnify and hold harmless the
City, its officers, agents and employees, from any and all
claims, legal actions and judgments advanced against the City
and for expenses the City may incur in this regard, arising out
of the Subgrantee's intentional acts and negligent acts or
omissions with respect to the rights and privileges granted by
the City to the Subgrantee in this Agreement.
6. GENERAL COMPLIANCE:
e
The Subgrantee agrees to comply with all applicable
federal, state and local laws and regulations governing the
funds provided under this contract.
COMPLIANCE WITH FEDERAL REGULATIONS:
The Subgrantee agrees to abide by the HUD conditions for
CDBG programs as set forth in Attachment A and all other
applicable federal regulations relating to specific programs
performed hereunder. Further, the Subgrantee agrees to require
compliance with applicable federal regulations of the contractor
by agreement. The Subgrantee also agrees to utilize funds
available under this requirement to supplement rather than
supplant funds otherwise available.
UNIFORM ADMINISTRATIVE REQUIRE~4ENTS:
The Subgrantee shall comply with the requirements and
standards of OMB Circular No. A-87, "Principals for Determining
Costs Applicable to Grants and Contracts with State, Local and
Federally recognized Indian Tribal Governments", OMB Circular A-
128, "Audits of State and Local Governments" and with all
applicable sections of 24 CFR Part 85, "Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and
Local Governments.
Agreement
page 6
9. PRO~RAM INCOME:
"Program income" means gross income received by the Grantee
or Subgrantee directly generated from the use of CDBG funds.
No program income is expected from this activity.
10. RECORDS AND REPORTS:
The Subgrantee shall maintain full and accurate records
with respect to all matters covered under this Agreement. All
records pertaining to this Agreement and the services performed
pursuant to it, shall be retained for a period of three (3)
years after the expiration date of this Agreement or its
amendments. Appropriate City and/or HUD personnel shall have
free access to those records during the Agreement duration and
the following three-year time period.
The Subgrantee shall submit quarterly reports to the
Grantee's Office of Grants Compliance. Such reports shall
consist of a beneficiaries report and a narrative of
accomplishments to date. Reports shall include number of teens
enrolled, number of teens who are remaining in school, number of
teens who returned to school, number of teens involved with
protective services and the birth weight of each child born.
Additionally, the report shall include the number of teens who
are from low/moderate income households. See attachment B for
the guidelines.
These reports are due on the fifteenth day of the month
following each quarter.
Quarterly reports are due as follows:
Date due:
Time period covered:
April 15, 1993
1. November 1, 92 - December 31, 92
2. January 1, 93 - March 31, 93
July 15, 1993 April 1, 93 June 30, 93
October 15, 1993
July 1, 93 - September 30, 93
January 15, 1994 October 1, 93 - October 31, 93
The financial reports of revenues, and expenses are due
monthly.
11. CLIENT DATA
The Subgrantee shall maintain client data demonstrating
client eligibility for services provided. Such data shall
include, but not be limited to, client name, address, income
level or other basis for determining eligibility, and
Agreement
page 7
description of service provided. Such information shall be made
available to project manager, grantee monitors or their
designees for review upon request. Specific names of clients are
not required to be submitted on the quarterly reports to the
Grantee. The client information collected under this contract is
private and protected under the Minnesota Data Privacy Act.
12. CONFLICT OF INT~U(EST:
No employee, agent, consultant, officer or appointed
official of the Subgrantee, who is in a position to participate
in a decision-making process or gain inside information with
regard to any CDBG activity, may obtain a personal or financial
interest in any contract, subcontract or agreement with respect
thereto, or in the proceeds thereunder, either for themselves,
their family or business associates, during their tenure or for
one (1) year thereafter.
13. SUSPENSION AND TERMINATION:
Suspension or termination may occur if the Subgrantee
materially fails to comply with any term of this award, and the
award may be terminated for convenience by the Grantee or
Subgrantee upon written notification to the awarding agency
(HUD), setting forth the reasons for such termination, the
effective date, and in the case of partial termination, the
portion to be terminated.
14. REVERSION OF ASSETS:
Upon expiration of this agreement, or amendments thereto,
the Subgrantee shall transfer to the city any CDBG funds or
program income on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
15. PERFORMANCE MONITORING:
The Grantee will monitor the performance of the Subgrantee
against goals and performance standards required herein.
16. THIRD-PARTY CON'ri{ACTS:
The Grantee shall not be obligated or liable hereunder to
any party other than the Subgrantee.
17. AMENDMENTS:
The Grantee, from time to time, may require changes in the
obligations of the Subgrantee hereunder, or its City Council may
appropriate further funds for the Resource Mothers Program.
In such event or events, such changes which are mutually agreed
upon by and between the Subgrantee and grantee shall be
incorporated in written amendment to this Agreement.
Agreement
page 8
18.
~OVE~NING LAW:
This Agreement shall be governed by laws of the
Commonwealth of Virginia.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year hereinabove written:
ATTEST:
CITY OF ROANOKE
By
Mary F. Parker, City Clerk
By
W. Robert Herbert, City Manager
SUBGRANTEE
By
Witness
By
Donald R. Stern, MD, MPH
District Health Director
Roanoke City Health Department
515 Eighth Street, S.W.
Roanoke, Virginia 24016
LX:RESOURCE.CON
ATTACHMENT A
page t
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS
"Section 3" Com))ltance in the Provision of Training, F~loym~nt and Busine5~
Opportunities:
The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 170. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns which
are located in, or owned in substantial part by persons residing in the
area of the project.
The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and Urban Development set forth in 24 CFR 135, and all
applicable rules and orders of the Department issued thereunder prior
to the execution of this contract. The parties to this contract
certify and agree that they are under no contractual or other
disability which would prevent them from complying with these
requirements.
The contractor will send to each labor organization or representative
of workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous
places available to employees and applicants for employment or
training.
The contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge
that the latter has been found in violation of regulations under 24 CFR
part 135 and will not let any subcontract unless the subcontractor has
first provided it with a preliminary statement of ability to comply
with the requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to
the project, binding upon the applicant or recipient for such
ATTACHMENT A
page 2
assistance, its successor and assigns. Failure to fulfill these
requirements shall subject the applicant or recipient, its contractors
and subcontractors, its successors and assigns to those sanctions
specified by the grant or loan agreement or contract through which
Federal assistance is provided, and to such sanctions as are specified
by 24 CFR Part 135.
Equal Emploj~ment Opportunit): Contracts subject to Executive Order 11246, as
amended: Such contracts shall be subject to HUD Equal Employment
Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted
construction contracts.
The Contractor shall cause or require to be inserted in full in any non-
exempt contract and subcontract for construction work, or modification
thereof as defined in said regulations, which is paid for in whole or in
part with assistance provided under this Agreement, the following equal
opportunity clause: "During the performance of this contract, the
contractor agrees as follows:
The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national
origin. The contractor will take affirmative action to ensure that
applicants are employed and that employees are treated during
employment without regard to their race, color, religion, sex or
national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places
available to employees and applicants for employment, notices to be
provided by the contracting officer setting forth the provisions of
this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers'
representatives of the contractor's commitment under this section and
shall post copies of the notice in conspicuous places available to
employees and epplicants for employment.
The contractor will comply with all provisions of Executive Order 11246
of September 2¢, 1965, and of the rules, regulations and relevant
orders of the Secretary of Labor.
Eo
The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules,
regulations and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records and accounts by the
ATTACHMENT A
page 3
Department and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the contractor may be declared
ineligible for further Government contracts or Federally-assisted
construction contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately
preceding paragraph (A) and the provisions of paragraphs (A) through
(G) in every subcontract or purchase order unless exempted by rules,
regulations or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order 112¢6 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as the Department may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided,
however, that in the event a contractor becomes involved in or is
threatened with litigation with a subcontractor or vendor as a result
of such direction by the Department, the contractor may request the
United States to enter into such litigation to protect the interest of
the United States."
The Contractor further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construction work; provided, that if the
Contractor so participating is a State or local government, the above equal
opportunity clause is not applicable to any agency, instrumentality or
subdivision of such government which does not participate in work on or
under the contract. The Contractor agrees that it will assist and cooperate
actively with the Department and the Secretary of Labor in obtaining the
compliance of contractors and subcontractors with the equal opportunity
clause and the rules, regulations and relevant orders of the Secretary of
Labor; that it will furnish the Department and the Secretary of Labor such
compliance; and that it will otherwise assist the Department in the
discharge of its primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any
contract or contractmodification subject to Executive Order 112¢6 of
September 2¢, lg65, with a contractor debarred from, or who has not
demonstrated eligibility for Government contracts and Federally-assisted
construction contracts pursuant to the Executive Order and will carry out
such sanctions and penalties for violation of the equal opportunity clause
as may be imposed upon contractors and subcontractors by the Department or
the Secretary of Labor pursuant to Part II, Subpart D, of the Executive
Order. In addition, the Contractor agrees that if it fails or refuses to
comply with these undertakings, the Department may take any or all of the
following actions: cancel, terminate or suspend in whole or in part the
grant or loan guarantee; refrain from extending any further assistance to
the Contractor under the Program with respect to which the failure or
· ATTACHMENT A
page 4
refusal occurred until satisfactory assurance of future compliance has been
received from such Contractor; and refer the cause to the Department of
Justice for appropriate legal proceedings.
3. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 {P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer
of land acquired, cleared or improved with assistance provided under this
Agreement, the Contractor shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis or race, color, religion, sex or national
origin, in the sale, lease or rental, or in the use of occupancy of such
land or any improvements erected or to be erected thereon, and providing
that the Contractor and the United States are beneficiaries of and entitled
to enforce such covenant. The Contractor, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
4. Obligations of Contractor with Respect to Certain Third-party Relationships:
The Contractor shall remain fully obligated under the provisions of the
Agreement, notwithstanding its designation of any third party or parties for
the undertaking of all or any part of the program with respect to which
assistance is being provided under this Agreement to the Contractor. Any
Contractor which is not the Applicant shall comply with all lawful
requirements of the Applicant necessary to insure that the program, with
respect to which assistance is being provided under this Agreement to the
Contractor is carried out in accordance with the Applicant's Assurances and
certifications, including those with respect to the assumption of
environmental responsibilities of the Applicant under Section 104(h) of the
Housing and Community Development Act of 1974.
Interest of Certain Federal Officials: No member of or delegate to the
Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
Interest of Members, Officers or Employees of Contractor, Members of Local
Government Bo~y, or Other Pub]tc Officials: No member, officer or employee
of the Contractor, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure, or for one
(1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under the Agreement. The Contractor
shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes
of this section.
Prohtbttto~ ~tnst Pm~mamta of 8onus or Commission: The assistance provided
under this Agreement shall not be used in the payment of any bonus or
commission for the purpose of obtaining HUD approval of the application for
such assistance, or HUD approval or applications for additional assistance,
AFTACHMENT A
page 5
10.
11.
or any other approval or concurrence of HUD required under this Agreement,
Title I of the Housing and Community Development Act of 1974, or HUD
regulations with respect thereto; provided, however, that reasonable fees or
bona fide technical, consultant, managerial or other such services, other
than actual solicitation, are not hereby prohibited if otherwise eligible as
program costs.
"Section 109": This Agreement is subject to the requirements of Section log
of the Housing and Community Development Act of 1974, 42 U.S.C. 3535(d). No
person in the United States shall on the ground of race, color, religion,
sex or national origin be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds available under this title.
Access to Records and Site of Fumplo~ent: This Agreement is subject to the
requirements of Executive Order 11246, Executive Order 1375, Civil Rights
Act of 1964, as amended. Access shall be permitted during normal business
hours to the premises for the purpose of conducting on-site compliance
reviews and inspecting and copying such books, records, accounts, and other
material as may be relevant to the matter under investigation and pertinent
to compliance with the Order, and the rules and regulations promulgated
pursuant thereto by the Contractor. Information obtained in this manner
shall be used only in connection with the administration of the Order, the
administration of the Civil Rights Act of lg64 (as amended) and in
furtherance of the purpose of the Order and that Act.
Records: All records pertaining to this Agreement and the services
performed pursuant to it, shall be retained for a period of three (3) years
after the expiration date of the Agreement. Appropriate City and/or HUD
personnel shall have free access to those records during the Agreement
duration and the following three-year time period.
Termination for Convenience or for Causm: This Agreement may be terminated
by either the City or the Contractor in the event of a substantial failure
to perform by either party. In the event of such termination, the
Contractor shall be entitled to collect all sums for services performed as
of the date of termination. This Agreement may be terminated for
convenience in whole or in part by the City with the consent of the
Contractor, in which caae the two parties shall agree upon the termination
conditions, including the effective date and in the case of partial
termination, the portion to be terminated.
12.
Legal R~m~dlms for Court&ct Vtol&tto~: If the Contractor materially fails
to comply with any term of this Agreement, whether stated in a Federal
statute or regulation, an assurance, in a State plan or application, a
notice of award, or elsewhere, the City may take one or more of the
following action, aa appropriate in the circumstances:
1) Temporarily withhold cash payments pending correction of the deficiency
by the Contractor,
2) Disallow all or part of the coat of the activity or action not in
compliance,
3) Wholly or partly suspend or terminate the current Agreement, or
4) Take other remedies that may be legally available.
E:ATTACHMT.PRO 10/1/91
ATTACHMENT B
Low and Moderate Family Income Limits
Roanoke, Virginia
Household Size
Low to Moderate
Income
Very Low Income
1 person
2 persons
3 persons
4 persons
5 persons
6 persons
7 persons
8 persons
$21 650
$24 750
$27 850
$30 950
$33 450
$35 900
$38 400
$40 850
$13 550
$15 500
$17 400
$19 350
$20 900
$22 450
$24 000
$25 550
Source: U.S. Dept of HUD April 1992
MF:INCOME.LMT
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) ~1-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #514
Mr. Daniel F. Layman, Jr., Attorney
Woods, Rogers and Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038
Dear Mr. Layman:
I am enclosing copy of Ordinance No. 31334-021693 permanently vacating,
discontinuing and closing a 425 foot portion of Maddock Avenue, N. W., generally
running between the west right-of-way line of Williamson Road. Ordinance No.
31334-021693 was adopted by the Council of the City of Roanoke on first reading on
Monday, February 8, 1993, also adopted by the Council on second reading on
Tuesday, February 16, 1993, and will take effect ten days following the date of its
second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Eno.
po:
Ms. Gertrude Smith, 109 Clover Avenue, N. E., Roanoke, Virginia 24012
Mr. and Mrs. Roy L. Kessinger, 107 Maddock Avenue, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Richard Stanley, 108 Maddock Avenue, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. James J. Perkins, 112 Maddock Avenue, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Eldon L. Hughes, 120 Maddock Avenue, N. E., Roanoke,
Virginia 24012
Mr. Marvin T. Falls, 124 Maddock Avenue, N. E., Roanoke, Virginia 24012
.Mr, ~aniel F. Layman, Jr., Attorney
February 19, 1993
Page 2
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlies, Ageut, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Ms. Doris Layne, Office of Real Estate Valuation
MARy F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, $.W., Room 4~6
Roanoke, Virginia 2~,~11
Telephone: (703) 981-2~41
February 19, 1993
File #514
SANDRA H. EAKIN
Deputy City Clerk
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
· · . 1334-021693, for proper recordation in your
I am attaching copy. of Ordxnanc~e~N~°.~'.?,l, Qo~ 'n~. discontinuing and closing a 425 foot
office, which provlOes for permatxex*-,~ .... ti o. .
· nerallv running between the west right°of-
ortion of Maddoek Av~enue, ,N_. ~:;,~g~e~ al'.~ 4-021693 was adopted by the Council
~ay line of Williamson l¢oad, oL-d, ............. 3
, ' on Monday, February 8, 1993, also adopted
of the City of Roanoke on flrst.r, eadxng_ ~ _ ~.~,,o~v 16. 1993, and will take
bv the Counen on s~¥~**,~ -~--~ . ~, e :, .... ond reading.
e~fect ten days following the oaxe ox ,~ ....
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Eric ·
pc: Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove,
P. O. Box 14125, Roanoke, Virginia 24038
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of February, 1993.
No. 31334-021693.
AN ORDINANCE permanently vacating, discontinuing and closing
a certain public right-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, Berglund Chevrolet, filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close
the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S30-14, Code of the
City of Roanoke (1979), as amended, and after having conducted a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held on said application by the
City Council on February 8, 1993, after due and timely notice
thereof as required by S30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
That certain 425' section of Maddock Avenue, N.W.,
extending in a westerly direction from Williamson Road,
N.W., between Official Tax Nos. 3080818 and 3080817.
be, and hereby is, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public rights-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording in the Clerk's Office of
the Circuit Court, a subdivision plat, providing for the
combination of the land within the vacated right-of-way with the
applicant's abutting property or as otherwise provided by law,
providing for all necessary easements for all utilities, both
public and private, existing in the right-of-way, and dedicating an
area sufficient to provide a cul-de-sac turnaround at the terminus
of the subject street.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting and
receiving approval of a comprehensive plan of development,
providing thereon for the manner in which the planting (trees)
buffer will be installed at the terminus of the street, and the
manner in which the proposed expansion of the Berglund Chevrolet
operations will be laid out and constructed, all of which shall be
consistent with the requirements of the City's subdivision and
zoning ordinances.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is condition upon applicant's installing a landscape
buffer along the eastern boundary of property bearing Official Tax
Nos. 3080817 and 3080807, the southern boundary of property bearing
Official Tax No. 3080809, as well as the southern end of Maddock
Avenue, subject to the requirements of width and composition set
out in Section 36.1-585 of the City Code, and upon the applicant's
prohibiting vehicular access from the aforementioned cul-de-sac to
parcels bearing Official Tax Nos. 3080907, 3080908, 3080909 and
3080912, and the closed portion of Maddock Avenue.
BE IT FURTHER ORDAINED that in the event these conditions have
not been met and said plat has not been recorded in the Office of
the Clerk of Circuit Court within twenty-four (24) months from the
effective date of this ordinance, this ordinance shall become null
and void with no further action by City Council being necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page of ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia, as Grantor, and in the name of Berglund
Chevrolet, and the names of any other parties in interest who may
so request, as Grantees.
ATTEST:
City Clerk.
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:
Application of Berglund Chevrolet requesting
that the City vacate and permanently close a
425' section of Maddock Avenue, N.W.
Section of Maddock Avenue, N.W. as requested for closure
extends in a westerly direction from Williamsom Road,
N.W, for a distance of 425, to an existing property line
located between official tax parcels 3080818 and 3080817
(see attached Exhibit 1).
~ owns all of the property situated on each side
of the street section requested for closure.
ADDlicant owns and oDerate~ a new and used car sales
enterprise that is proportionately situated on both sides
of Maddock Avenue, N.W., and across the main thoroughfare
of Williamson Road.
II. Current Situation:
A. ~er~lund Chevrolet. Inc has a current and impending need
to expand its existing area of operations.
B. Land located at the rea~ of the current Berglund
Chevrolet, Inc., operation was rezoned to provide for the
possibility of future expansion to the rear of its
current operations.
Ex ansion area would be used for increased vehicular
storage and service needs.
Planninq Commission reviewed the subject application at
its regular meeting of January 6, 1993.
Mr. James Perkins (112 Maddock Avenue) appeared before
the Commission and stated that he was not opposed to the
Room 355 Municipal Building 215 Churd] Avenue, SW~ Roanake, Virginia 24011 (703) 981-2344
Members of Council
Page 2
current request if Berglund Chevrolet agreed to install
a planting screen or tree buffer between its proposed
expansion and the single family residences on the
remaining section of Maddock Avenue.
III. Issues:
B.
C.
D.
E.
Neighborhood impact.
Traffic impact.
Utilities within the public right-of-way.
Creation of a dead-end street.
Land use.
F. Relationship to the comprehensive plan.
IV. Alternatives:
ADDrove the aDDlicant,s reque$~ to close and vacate the
subject section of Maddock Avenue, N.W., subject to
certain conditions as outlined in Section V. of this
report.
1. Neighborhood impact:
ae
Street would become a cul-de-sac at its
proposed terminus, if vacated. Terminus would
be screened by a planting (tree) buffer 6' or
more in height.
Applicant has surveyed all owners of
residences situated on the remaining section
of Maddock Avenue, N.W., and has requested
their opinion on the proposed closure.
Results of this survey indicate that the
majority of the residents would support the
application of Berglund Chevrolet, Inc., to
close the subject section of Maddock Avenue,
N.W.
2. Traffic im act:
a. Closure would not adversely impact upon
existing or future traffic needs in the area.
b. Closure would eliminate excessive traffic on
the remaining section of Maddock Avenue, N.W,
and would reduce traffic congestion to some
degree on Williamson Road, along the entire
Members of Council
Page 3
block between Thurston Avenue and Noble
Avenue, N.W.
City Service Center, located at the rear of
this street section on Courtland Avenue, N.W,
would continue to use the signalized Thurston
Avenue and Noble Avenue for principal access
to Williamson Road, N.W. The City Publ~
Works directorate has no objection to th,'.
~roDosed closur~ of this section of Maddock
Avenue, N.W.
Utilities within the Public riqht-of-way:
a. City has utilities within the public right-of-
way.
e
b. Private utilities are located within the
public right-of-way.
c. Easements for all utilities will be retained.
Creation of a dead-end streel:
a. Closure will create a dead-end street.
b. Cul-de-sac turnaround will be provided at the
proposed street terminus.
c. Closure will reduce traffic on Maddock Avenue,
N.W.
Land use: Request is consistent with sound land
use planning practices. Closure will effect the
following improvements:
a. It will more effectively separate commercial
and residential land uses currently situated
and served by the subject street.
b. It will reduce traffic on the remaining
residential street section and will eliminate
traffic movement through the commercial land
use (Berglund) fronting on Williamson Road.
Relationship to the comDrehensive plan: Request is
consistent with the intent of the comprehensive
plan that available land be utilized in the most
appropriate manner.
Deny the aDDlicant,s request to close and vacate the
subject section of Maddock Avenue, N.W.
Members of Council
Page 4
1. Neiahborhood impact will not be an issue.
Traffic impact: Existing traffic situation will
remain unchanged.
3e
Utilities within the public riaht-of-way will not
be an issue.
4. Creation of a dead-end street will not be an issue.
Se
Land use: Commercial and residential land uses
will remain intermingled. Commercial activities
will continue to have an adverse impact on the
existing residential uses. Berglund Chevrolet,
Inc., will be unable to effectively expand its
existing operations.
RelationshiD to the comDrehensive Dian will not be
an lss%~e.
V. Recommendation:
Planninq Commission, by a vote of 5-0 (Mr. Price absent)
recommends that city Council approve Alternative A, thereby
approving the applicant's request to close and vacate the
subject section of Maddock Avenue, N.W., subject to the
following conditions:
That the applicant agrees to submit to the City for its
review and approval, a subdivision plat and to thereupon
record such approved plat with the Clerk of Circuit
Court, with said subdivision plat providing for the
following:
Combination of the land within the vacated right-
of-way with the applicant's abutting property or as
otherwise provided by law.
Retention of easements for all utilities existing
within the right-of-way.
Dedication of an area sufficient to provide a cul-
de-sac turnaround at the terminus of the subject
street.
That the applicant agrees to submit to the City for its
approval, a plan of development providing thereon for the
manner in which the proposed cul-de-sac will be
constructed, the manner in which the planting (trees)
buffer will be installed at the terminus of the street
and the manner in which the proposed expansion of the
Berglund operations will be laid out and constructed, all
Members of Council
Page 5
of which shall be consistent with the requirements of the
City's subdivision and zoning ordinances.
That a landscape buffer be installed along the eastern
boundary of property bearing official tax nos. 3080817
and 3080807, the southern boundary of property bearing
official tax no. 3080809, as well as the southern end of
Maddock Avenue, subject to the requirements of Section
36.1-585 of the City Code regarding width and
composition.
That vehicular access to parcels bearing official tax
nos. 3080907, 3080908, 3080909 and 3080912, and the
closed portion of Maddock Avenue be prohibited from the
cul-de-sac.
That the applicant agrees that if the above-cited
conditions have not been met within a period of 24 months
from the date of the adoption of any ordinance providing
for the subject street closure, then said ordinance shall
become null and void with no further action by City
Council being necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
CAP:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, February 8, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on an application to permanently
abandon, vacate, discontinue and close the following public right-
of-way:
A 425-foot section of Maddock Avenue, N.W., extending in
a westerly direction from Williamson Road, N.W., between
Official Tax Nos. 3080818 and 3080817.
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 January , 19 93 .
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, VA 24011-1536
Mary F. Parker, City Clerk.
Send bill to:
Daniel F. Layman, Jr., Attorney
Woods, Rogers, Hazlegrove
P. O. Box 14125
Roanoke, VA 24038
VIRGINIA:
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE
APPLICATION OF BERGLUND CHEVROLET,
INC. FOR VACATION OF A 425-FOOT
PORTION OF MADDOCK AVENUE, N.W.,
JUST WEST OF WILLIAMSON ROAD, N.W.
TO: The Honorable Mayor and Members of City Council
(1) Berglund Chevrolet, Inc. ("Petitioner") applies to have
a portion of Maddock Avenues N.W., in the City of Roanoke,
Virginia, per~anently vacated, discontinued, and closed pursuant
to Section 15.1-364, Code of Virginia, and Section 30-14, Code of
the City of Roanoke (1979), both as amended. The portion of
Maddock Avenue to be closed lies between the west right of way
line of Wllll~unson Road, N.W., and the point 425 feet west of
Willianmon Road, which point ia marked by the extended boundary
line between the lots bearing City of Roanoke Official Tax Nos.
3080818 and 3080817, end is shown cross-hatched on the copy of a
portion of City of Roanoke Appraisal Map Sheet 308 attached to
this Application as Exhibit A.
(2) The grounds for this application are as follows:
(a) Petitioner owns all of the property on each sade
of the portion of Maddock Avenue to bo closed. It is essential
to Petitioner's plans for the future usa of this site that it
have the ability to expand its present facilities into or across
what is now Maddock Avenue.
M#137237
(b) Maddock Avenue is only one block long at this
point. It does not extend across Wllliamson Road to the east or
beyond Courtland Road to the west. Its intersection with
Wllliameon Road is not a signalized intersection. The only
traffic generally using Maddook Avenue is that serving the
residences located there. Petitioner owns eight of the fourteen
residences remaining on Maddock. Little or no inconvenience
should result to these residents from the proposed closing, as
their hpmae are readily accessible from Courtland Road.
(c) This area, like most of Wllliamson Road, is
extremely congested with vehicular traffic. Elimination of this
noneignallzed intersection, which is only 350 feat from the
Thurston Avenue lntersectio~ and 250 feat from the Noble Avenue
intersection, will reduce tO some extent tho hazards presented by
the numerous lids streets lntarlacting with Wllliamson Road in
this area.
(3) If this application is approved, Petitioner will
construct and dedicate to the City of Roanoke a cul-de-sac on the
south side of Xaddock Avenue, Just east of the new termination
point of Haddock, in &ccozdance with the requireaents of City
ordinancee. Petitioner will also reduce the width of the entry
point of Haddock onto Willianson Road to that of a standard entry
drive.
(4) All landowners and occupants of property along the
poYtion of Maddock Avenue which will renain open (I.e., east of
the poz~cion which is the subject of this Apglicatlon) have been
Me137237
2
notified concerning this request. Most are in agreement with the
proposed closure. Petitioner will work with any who disagree in
an effort to identify and alleviate their concerns.
(5) A list of the owners of property along Maddock Avenue
between Courtland Road and Wllliamson Road (other than
Petitioner) is attached to this application as Exhibit B.
WHEREFORE, Berglund Chevrolet, Inc. respectfully requests
that the above-described portion of Maddock Avenue, N.W., be
vacated/ discontinued and closed by the Council of the City of
Roanoke in accordance with Section 15.1-364, Code of Virginia,
and Section 30-14, Code of the City of Roanoke, both as amended
to date.
Daniel F. Layman, (~ v
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, VA 24035
(703)'983-7653
RespeC~ully,
BERG~ CHEVROLET, ~INC.
M#137237
3
ITI~IT
PROPERTY OWNERS
vacant
104 Maddock Avenue
Roanoke, VA 24012
Owner:
Gertrude Smith
109 Clover Ave.
Roanoke, VA 24012
Exhibit B
OFFICIAL TAX NUMBERS
3080812
Roy L. and Llllie J.
107 Maddock Avenue
Roanoke,~VA 24012
Kessinger
Richard D. and Mildred B.'Stanle¥
108 Maddock Avenue
Roanoke, VA 24012
James J. and Eva J. Perkins
112 Maddock Avenue
Roanoke, VA 24012
Eldon L. and Cynthia T.
120 Maddock Avenue
Roanoke, VA 24012
Hughes
Marvin T. Falls
124 Maddock Avenue
Roanoke, VA 24012
3080902
3080813
3080814
3080816
3080817
M~137237
IMm
ClT
ROA
LOCATION
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Ill
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ii
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m
EXHIBIT 1
III
DANIEL F L,~yqrv~
10 S JEFFEi-',.S(JN ST
SUIT_: 140,~
PO BOX 14125
ROANOKE V~ 2~O3~
CITY gL;': 'r" ~[
'93 FEB-8 P3:15
STATE OF
CITY OF RFLeNOK£
a, FFI~)AVIT ,JF PUP, LICAIiCJN
I, (THf UNDFRSIGNEO) aN AUTHORIZED
REPRESbNT,&TIVF OF T~E TIf~FS-~'ORLD COR-
PORATION, ~;HIC!I CORPOk~TION IS PUBLISHER
OF THE POANi]KE TIMES L WORLD-NE~S, q
DAILY NEWSPA~E < PUC~LISH~:O IN ROANOKE, IN
THE STATE O~ VI~,GINIq~ ~O CERTIFY THAT
THE ~NNEXED NOTIC5 WAS PUdLISHED IN SqID
N~NSPAP~,RS ~)q TH:: FF/LLOwING DATES
NITNESS,
7:30 I~.m., or .s !
TO THE CITY CLERK OF THE CITY OF ROANOKE,
PERTAINING TO THE REZONING REQUEST OF:
'92 29 All :50
Request from Berglund Chevrolet, Inc., represented )
by Daniel F. Layman, Jr., attorney, that a 425' portion )AFFI-
of Maddock Avenue, N.W., beginning at the west right-of-)DAVIT
way line of Williamson Road, N.W., be permanently )
vacated, discontinued and closed. )
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
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
3080812
3080902
3080813
3080814
3080816
3080817
Owner. Aaent or Occupant
Gertrude Smith
Jodi A. Zabo
Marianne G. VanBuren
Roy L. and Lillie J. Kessinger
Page M. Pence
Richard and Mildred Stanley
James and Eva Perkins
Eldon and Cynthia Hughes
Marvin T. Falls
ha Pace Franklin
Address
109 clover Avenue
Roanoke VA 24012
107 Maddock Avenue
Roanoke VA 24012
107 Maddock Avenue
Roanoke VA 24012
108 Maddock Avenue
Roanoke VA 24012
108 Maddock Avenue
Roanoke VA 24012
112 Maddock Avenue
Roanoke VA 24012
120 Maddock Avenue
Roanoke VA 24012
124 Maddock Avenue
Roanoke VA 24012
SUBSCRIBED AND SWORN to before me, a Notary Public,
the City of Roanoke, Virginia, this 28th day of December, 1992.
My Commission Expires:
in
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, January 6, 1993, 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 Berglund Chevrolet, Inc., represented by Daniel
F. Layman, Jr., attorney, that a 425 foot portion of Maddock
Avenue, N.W., beginning at the west right-of-way line of
Williamson Road, N.W., be permanently vacated, discontinued
and closed.
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, December 22, 1992
Please run in newspaper on Tuesday, December 29, 1992
Please send affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Please bill:
Daniel F. Layman, Jr.
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, VA 24038
(703) 983-7653
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W,, Room 456
Roanoke, Virginia 24011
Telephone: (?03) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 21, 1993
File #514
Mr. Daniel F. Layman, Jr., Attorney
Woods, Rogers and Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038
Dear Mr. Layman:
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 Bergiund 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.
For your information, I am enclosing copy of a notice of the public hearing and an
ordinance providing for the closure, 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.
Mr. Daniel F. Layman, Jr., Attorney
January 21, 1993
Page 2
pc;
Ms. Gertrude Smith, 109 Clover Avenue, N. E., Roanoke, Virginia 24012
Mr. and Mrs. Roy L. Kessinger, 107 Maddock Avenue, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Richard Stanley, 108 Maddock Aver~ue, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. James J. Perkins, 112 Maddock Avenue, N. E., Roanoke,
Virginia 24012
Mr. and Mrs. Eldon L. Hughes, 120 Maddock Avenue, N. E., Roanoke,
Virginia 24012
Mr. Marvin T. Falls, 124 Maddock Avenue, N. E., Roanoke, Virginia 24012
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 Cit~ Clerk
February 1, 1993
File//514
Mr. Daniel F. Layman, Jr., Attorney
Woods, Rogers and Hazlegrove
P. O. Box 14125
Roanoke, Virginia 24038
Dear Mr. Layman:
I am enclosing copy of an ordinance permanently vacating, discontinuing and closing
a 425 foot portion of Maddock Avenue, N. W., generally running between the west
right-of-way line of Williamson Road, which ordinance will be considered by the
Council of the City of Roanoke at a public hearing to 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. Please review the measure and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
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
December 17, 1992
File #514
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing
copy of an application from Daniel F. Layman, Jr., Attorney, representing B ergiund
Chevrolet, Inc., requesting 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.
Sincerely, ~~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
a/bergiund
EHe o
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Daniel F. Layman, Jr., Attorney, Woods, Rogers and Hazlegrove,
P. O. Box 14125, Roanoke, Virginia 24038
VIRGINIA:
'92 M0:24
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
APPLICATION OF BERGLUND CHEVROLET,
INC. FOR VACATION OF A 425-FOOT
PORTION OF MADDOCK AVENUE, N.W.,
JUST WEST OF WILLIAMSON ROAD, N.W.
TO: The Honorable Mayor and Members of City Council
(1) Berglund Chevrolet, Inc. (,,Petitioner") applies to have
a portion of Maddock Avenue, N.W., in the City of Roanoke,
Virginia, permanently vacated, discontinued, and closed pursuant
to Section 15.1-364, Code of Virginia, and Section 30-14, Code of
the City of Roanoke (1979), both as amended. The portion of
Maddock Avenue to be closed lies between the west right of way
line of Williamson Road, N.W., and the point 425 feet west of
Williamson Road, which point is marked by the extended boundary
line between the lots bearing City of Roanoke Official Tax Nos.
3080818 and 3080817, and is shown cross-hatched on the copy of a
portion of City of Roanoke Appraisal Map Sheet 308 attached to
this Application as Exhibit A.
(2) The grounds for this application are as follows:
(a) Petitioner owns all of the property on each side
of the portion of Maddock Avenue to be closed. It is essential
to Petitioner's plans for the future use of this site that it
have the ability to expand its present facilities into or across
what is now Maddock Avenue.
M#137237
(b) Maddock Avenue is only one block long at this
point. It does not extend across Williamson Road to the east or
beyond Courtland Road to the west. Its intersection with
Williamson Road is not a signalized intersection. The only
traffic generally using Maddock Avenue is that serving the
residences located there. Petitioner owns eight of the fourteen
residences remaining on Maddock. Little or no inconvenience
should result to these residents from the proposed closing, as
their homes are readily accessible from Courtland Road.
(c) This area, like most of williamson Road, is
extremely congested with vehicular traffic. Elimination of this
nonsignalized intersection, which is only 350 feet from the
Thurston Avenue intersectio~ and 250 feet from the Noble Avenue
intersection, will reduce to some extent the hazards presented by
the numerous side streets intersecting with Williamson Road in
this area.
(3) If this application is approved, Petitioner will
construct and dedicate to the City of Roanoke a cul-de-sac on the
south side of Maddock Avenue, just east of the new termination
point of Maddock, in accordance with the requirements of City
ordinances. Petitioner will also reduce the width of the entry
point of Maddock onto Williamson Road to that of a standard entry
drive.
(4) All landowners and occupants of property along the
portion of Maddock Avenue which will remain open (i.e., east of
the portion which is the subject of this Application) have been
M#137237 2
notified concerning this request. Most are in agreement with the
proposed closure. Petitioner will work with any who disagree in
an effort to identify and alleviate their concerns.
(5) A list of the owners of property along Maddock Avenue
between Courtland Road and Williamson Road (other than
Petitioner) is attached to this application as Exhibit B.
WHEREFORE, Berglund Chevrolet, Inc. respectfully requests
that the above-described portion of Maddock Avenue, N.W., be
vacated, discontinued and closed by the Council of the City of
Roanoke in accordance with Section 15.1-364, Code of Virginia,
and Section 30-14, Code of the City of Roanoke, both as amended
to date.
Date: , :~--~, ~ ~ 9--
Woods, Rogers & Hazlegrove
P. O. Box 14125
Roanoke, VA 24038
(703) 983-7653
Respec~ully,
BER~D CHEVROLET, /INC.
M#137237 3
EXHIBIT A
....... WILLIAMSON '
WAYNE
,%.
ROAD
II
COLGATE
STREET
Exhibit B
OFFICIAL TAX_NUMBE____R~
PROPERT__y oWNER_~S
Vacant
104 Maddock Avenue
Roanoke, VA 24012
Owner:
Gertrude Smith
109 clover Ave.
Roanoke, VA 24012
Roy L. and Lillie J.
107 Maddock Avenue
Roanoke, VA 24012
Kessinger
Richard D.
108 Maddock Avenue
Roanoke, VA 24012
and Mildred B. Stanley
James J. and Eva J.
112 Maddock Avenue
Roanoke, VA 24012
perkins
Eldon L. and Cynthia T.
120 Maddock Avenue
Roanoke, VA 24012
Hughes
Marvin T. Falls
124 Maddock Avenue
Roanoke, VA 24012
3080812
3080902
3080813
3080814
3080816
3080817
M#137237
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir {inia 24011
Telephone: (70~) 981-2541
SANDRA H. EAKIN
D~puty City Clerk
February 19, 1993
File #514
Mr. E. C. Pace, III
E. C. Pace and Co., Inc.
1036 Missouri Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Pace:
I am enclosing copy of Ordinance No. 31335-021693 permanently vacating,
discontinuing and closing 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. Ordinance No.
31335-021693 was adopted by the Council of the City of Roanoke on first reading on
Monday, February 8, 1993, also adopted by the Council on second reading on
Tuesday, February 16, 1993, and will take effect ten days following the date of its
second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Enc.
pc:
Mr. John D. Cart, c/o Ms. Frances H. Cart, 2412 Robin Hood Road, S. W.,
Roanoke, Virginia 24014
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. E. C. Pace, III
· February 19, 1993
Page 2
pc'
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Ms. Doris Layne, Office of Real Estate Valuation
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: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #514
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am attaching copy of Ordinance No. 31335-021693, for proper recordation in your
office, which provides for permanently vacating, discontinuing and closing 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. Ordinance No. 31335-021693 was adopted by the
Council of the City of Roanoke on first reading on Monday, February 8, 1993, also
adopted by the Council on second reading on Tuesday, February 16, 1993, and will
take effect ten days following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
pc: Mr. E. C. Pace, III, E. C. Pace and Co., Inc., 1036 Missouri Avenue, N. E.,
Roanoke, Virginia 24012
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
/he 16th day of February, 1993.
No. 31335-021693.
AN ORDINANCE permanently vacating, discontinuing and closing
a certain public right-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, E. C. Pace, III, filed an application to the Council
of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close
the public right-of-way described hereinafter; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by §30-14, Code of the
City of Roanoke (1979), as amended, and after having conducted a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS,
City Council
a public hearing was held on said application by the
on February 8, 1993, after due and timely notice
thereof as required by S30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
That portion of Woodcliff Road, S.E., lying between Mack-
Chick Road and Alan-A-Dale Road, $.E., and all of Friar
Tuck Road, S.E.
be, and hereby is, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public rights-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording in the Clerk's Office of
the Circuit Court, a subdivision plat, retaining all necessary
easements, both public and private, combining the vacated rights-
of-way with abutting properties as provided by law, and dedicating
land for the construction of a new Woodcliff Road, SoE., at a
right-of-way width of 50'; and submitting to, and receiving
approval from, the City, of a comprehensive plan of development,
providing for the manner in which the proposed street and related
residential development will be laid out and constructed.
BE IT FURTHER ORDAINED that in the event these conditions have
not been met and the said plat has not been recorded in the Office
of the Clerk of Circuit Court within twenty-four (24) months from
the effective date of this ordinance, this ordinance shall become
null and void with no further action by City Council being
necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page of ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia,
Pace, III, and the names of
so request, as Grantees.
as Grantor, and in the name of E. C.
any other parties in interest who may
ATTEST:
City Clerk.
RE,CE ~/ED
CITY ~t ~ ~ ' '
'93 J&N 20 P5:07
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: Application of E. C. Pace, III, requeSting that
the City vacate and permanently close Friar
Tuck Road, S.E. and a portion of Woodcliff
Road, S.E.
I. Backaround:
Section of Woodcliff Road, $.E., requested for closure is
an undeveloped street that extends in an easterly
direction from the existing and paved junction of Mack-
Chick Road and the adjacent developed portion of
Woodcliff Road, S.E. (see attached Exhibit 1) for a
distance of 419.07 feet.
Be
Friar Tuck Road. S.E. is a short section of undeveloped
street right-of-way that extends in a southerly direction
from the aforementioned Woodcliff Road, S.E. for an
average distance of 200'.
Street riqhts-of-wav as requested for closure have
remained in an undeveloped and non-productive state for
the past 35 years.
II. Current Situation:
ADDlicant owns all of the property abutting the subject
undeveloped section of Woodcliff Road, S.E., and a major
portion of the property that abuts the subject Friar Tuck
Road, S.E. (see attached Exhibit 1).
Subdivision plan was submitted to the city by the
applicant on June 10, 1992 (see attached Exhibit 2).
Subdivision proposes the following:
Vacation of the existing undeveloped sections of
street rights-of-way and rededication of a new
Room 355 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
Ce
De
Woodcliff Road, S.E., in alignment with the
proposed new subdivision.
2. Creation of 12 new residential lots at an average
lot size of one-half acre.
3. Dedication and construction of a new section of
Woodcliff Road, S.E., that would curve and extend
in a northerly direction from the current alignment
of the subject undeveloped section of Woodcliff
Road, S.E.
4. Subsequent construction of 12 upper income
residential dwellings.
Applicant was advised by the subdivision agent to submit
proper application to close and vacate the existing
undeveloped sections of street rights-of-way in order to
facilitate the City's approval of the proposed
subdivision.
Bond in an amount sufficient to provide for the
construction of the proposed new Woodcliff Road, S.E.,
has been submitted by the applicant in conjunction with
an executed subdivider's agreement.
Planninq Commission reviewed Mr. Pace's application at
its regular meeting of January 6, 1993.
III. Issues:
A. Neighborhood impact.
B. Traffic impact.
C. Utilities within the right-of-way.
D. Creation of a dead-end street.
E. Land use.
F. Relationship to the comprehensive plan.
IV. Alternatives:
ae
Approve the applicant's request to close and vacate the
subject sections of Woodcliff and Friar Tuck Roads, S.E.,
subject to certain conditions as outlined in Section V.
of this report.
Neiqhborhood Impact: closure of the subject
undeveloped streets and subsequent realignment and
Members of Council
Page 3
construction of the new Woodcliff Road, S.E., will
not adversely affect any other abutting property.
Street closure and subdivision development will not
impinge upon or be detrimental to the rights or
needs of other residents within the immediate
neighborhood.
2. TrafficimDact: Existing traffic and future
~raffic needs will not be affected by the requested
street closure or the proposed new street and
residential development.
Utilities within the public riqht-of-wa¥:
a. There are no public utilities within
be
the
subject streets.
Utilities will be placed within the new street
to be constructed.
c. Easements will be retained for all existing
private utilities within the streets.
Creation of a dead-end street: Closure will not
create a dead-end street.
Land use:
Closure of the existing undeveloped sections
of street in conjunction with the rededication
and construction of the new Woodcliff Road,
S.E., will provide for the future development
of 12 upper-income, single family residences
within the neighborhood.
Remaining portions of vacated Woodcliff Road
and Friar Tuck Road will be combined with
appropriate abutting private properties and
will thus be returned to the status of taxable
real estate.
Relationship to the Comprehensive Plan: Request is
consistent with the intent of the city's
comprehensive plan that available land should be
utilized in the most appropriate manner.
Deny the applicant's request to close the subject
Woodcliff Road and Friar Tuck Road, S.E.
Neiqhborhood impact will not be an issue.
~act will not be an issue.
Members of Council
Page 4
Utilities within the ~ublic riaht-of-wav will not
be an issue.
Creation of a dead-end street will not be an issue.
Land use:
a. Streets will remain in an idle and
unproductive state.
b. Proposed subdivision will have to be revised
to accommodate existing alignment of Woodcliff
Road, S.E, and existing grades.
Relationship to comprehensive plan: Denial of the
request and the retention of these undeveloped
streets would not be consistent with the intent of
the city's comprehensive plan.
Recommendation:
Planninq C~mmission. by a vote of 5-0 CMr. Price absent)
recommends that city Council approve Alternative A thereby
approvina the applicant's request to close the cited section~
of Woodcliff Road, S.E., and Friar Tuck Road, S.E., subject to
the following conditions:
That the applicant agrees to record the subdivision plat
currently being reviewed by the City and thereon to
provide for the following:
1. Retention of all necessary easements.
2. Combination of the vacated rights-of-way with
appropriate abutting properties.
3. Re-dedication of land for the construction of the
new Woodcliff Road, S.E., at a right-of-way width
of 50'.
That the applicant agrees to submit to the city for its
review and to obtain approval from the city of a site
plan providing thereon for the manner in which the
proposed new street and related residential development
will be laid out and constructed.
That the applicant agrees that if the above-cited
conditions have not been met within a period of 24 months
from the date of the adoption of any ordinance providing
for the closure of the subject streets, then said
ordinance shall become null and void with no further
action by city Council being necessary.
Members of Council
Page 5
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
CAP:ERT:mpf
attachments
cc: Assistant city Attorney
Director of Public Works
city Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
IN THE coUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Application of E.C. Pace III
for vacation of Woodcliff Road S.E.
Friar Tuck Road S.E.
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF WOODCLIFF ROAD S.E. &
FRIAR TUCK ROAD S.E.
MEMBERS OF COUNCIL:
E.C. Pace III, by Cou~eel, appliee to have all of Friar Tuck Road
S.E. from ~he preeent aou~.hern right-of-way of Woodcliff Road S.E. to
~he northerly right-of-way line of Ai~-A-Dale Road S.E. The portion of
W~liff R~d S.E., ~ of ~e eas~ rig,S-of-way lane of Mack-Chick
Road S.E., ~0 ~e no~ right-of-way lane of Alan-A-Dale Road S.E.,
in ~e Ci~of ~0~, Virginia, pe~en~ly vacated, discontinued and
close, ~ ~0 V~inia C~e Se=~ion 15.1-364 and Section 30-14,
C~e of ~ Cl~y of ~oke (1979), al ~end~. ~e~e streets are more
pa~i~l~lydl~i~on~l~P shying i~rle~l =o ~vaca=ed attached
and aa follows:
DETAILED DESCRIPTION OF STREETS
Beginning at a point at ~he northeast intersection of Mack-Chick
Road, s.E. and Woodcliff Road, S.E.
Thence, with ~he present northerly right-of-way line of Woodcliff
Road S $9'-36''30# E 419.07 feet to a point on the noL~cherly right-of-
way line of Alan-A-Dale Road.
~ence, wi~ ~e prmmen~ hOrSefly right-of-way line of Alan-A-Dale
Road S 86'39'-00" W ~4.01 fee~ to a ~ln~ on ~e sou~mrn right-of-way
line of W~cliff Road.
~ce, wi~ ~o pro8~ sou~ right,f-way line of Wo~cliff
Road N S9*-36''30~ W 60.S9 feo~ ~0 m ~in~ on ~e sou~ right-of-way
line of ~i~ ~ ~4.
.~=e, wi~ ~e pr~ ~u~ =i~f-way line of Friar ~ck
Road, wi~ a ~e ~ ~ lef~ ~i~ maid ~e Il defin~ by a delta
angle of ~2e'4~~'4~, a =adi~ of 150.00 f~, ~ ~c of 140.84 feet,
and a ~ ~f S TTe-9~''00' N, 135.72 f~Z ~e a ~in~ on ~e.
~, wl~ a ~ ~ ~e lef~ ~l~ said ~e is defined by a
dal~a ~Xe of 1~e-Ol'-2~e, a radium ~f 15.00 fee~, ~ arc of 41.45
feet, and a choL'~ of S 28e'15''0B" g 29.39 feet
noz~cherl¥ right-of-way line of Alan-A-Dale Road.
to m point on the
Thence, with~he 9resent northerly right-of-way line of Alan-A-Dale
Road S 73°-19'-00u W 31.85 feet to a point.
Thence, with Ge same northerly right-of-way line S 49°-41'-00" w
50.00 feet to a point.
Thence, with the sene northerly right-of-way line of Alan-A-Dale
Road S 34°-21'-31# W 100.00 feet to a point on ~he northerly right-of-
way line o~ Frier Tuck Road.
Thence, wi~hthe northerly right-of-way line of Friar Tuck Road the
following two ¢oursem N 14°~47''00u E 26.80 feet to a point, and N 01°-
56'00" E 15.68 feet to a point of curvature.
Thence, wi~h a curve to ~he rightw~lch said curve is defined by a
delta angle of 65°'16''30#, a radium of 200.00 feet, an arc of 227.85
feet and'a ~hord of N 34e-34'-32# B 215.73 feet to a point of reverse
curvature ·
Thence, wit~x · ~ ~0 'the left which said curve is defined by a
delta angle of 126e-50''45#, · radius of 15.00 feat, an arc of 33.20
feet, a~d a chord of N 03e-48'-09# E, 26.83 feet to a point on the
southern right-of-waY line of Woodoliff Road.
Thence, wi~h ~ha southern right-of-way line of Woodcliff Road
N 590-36'-30# W 181.70 feet to a point.
Thence, N 26°-06'-4S" E 30.08 feet to ~he pein= of beginning of
~his description containing 0.580 acres more or less.
E.C. Pace III s=a~eS ~hat =he grounds for =his applica=ion are as
follows:
1) All landowners whose proper~y adjoins =he property =o be
vacated have been notified and are in agreement wi=h =his applica=ion.
2) The proper~y to be vacated il pressn=ly s~ree=s =ha= have
remainedundeveloped for =he peet 35 years.
redodic&tion in pa~, &nd recons~.L-uc~ion as · residential stree~ £n
con3unc~ion vi~ · new su~-division.
MHEREFOI~, B.C. Pace, III respectfully requests ~hat ~he above
described s~ree~ be v·cated by ~ Council of ~ho City of Roanoke,
Virginia, in ·ccordancewi~hvirgini· code SeCtion 15.1-364 and Section
30-14, CodS of t.he Ci~l~I' of P. C4~'IO~O (1979), us &li4G'~ed.
Roepe~cfully/~itted,
R.¢. P·cgB, III
DATR: ~
4
SHADED AREA DENOTES
PU6LIC STREETS TO 65
VACATED.
CURVE
OELTA · =
RADIUS = 150.00
ARC · 140.84
PROPERTY OF
E.C. PACE T~
D,B. 1596 PG.JI96
TAX NO. 40?0506
CURVE "B" '
DELTA · 158e-01'-?-5"
RADIUS- 15.00'
ARC - 41.45'
,°- 59'-00" W 54.01'
PROPERTY OF --
--~1
PACE ~r
0.6. 1574 PG.1295
TAX NO. 40809?.2
i90.$6'-$0"W 60.59~
~7~°-19'-00"W 51.85'
149°- 41'- O0"W 50,00'
34°-21'-31" W I00.00'
A
E RD. S.E.
C
PROPERTY OF
E.C. PACEm'
D. 6. ~T4
TAX NO. 4080920
PROPERTY
JOHN D. CARI
~6. g78 P6.1
TAX NO. 40~0921
181.70
26.80'
PROPERTY OF
WILLIAM P. & DIANE SWANN
~ D.B. 1557. PG. 717
TAX NO. 40609lZ
t1°-56'- O0"E i5.68'
Iq~OP~RTY OF PROPERTY OF
| J ~.GRN4GER & ANNE FRAHCE$ Il. ~,AJ~
· l I MoFARLANE '
§11 PG.,,,
; I-~N '- $0.08'
CURVE 'C= , , CURVE "D"
DELTA · SS'-IS-30 DELTA.
RN~IUS, 20G.C~_' ~IUS · I~00,
ARC ~ ~7.~ A~ '
SU~EYORI
TAX NO. 4080912
MAP SHOWING
PUBLIC ~ STREETS
TO BE VACATED
NOVEMBER 18, 1992
(NOT TO SCALE)
EXHIBIT 1
EXHIBIT 2
¥
~'04D
Ill
I
~"----~ . III
,. III ~
woo~c~
E C PAC~}
1036 ~! I $$ QUF'. l
P U i!(IX 120~35
CITY
'93 FE~ -B ? 3:15
STATE OF VIkGI;~I;~
CITY UF RC~AN(3K:::
qFFIC)~VIT OF
PUisLIC~TI(Dh'
I, {TH~ UNC>!=KSIGN~-'U) AUI-HORILED
REPRESFNTATIVG OF: TH~ TIMES-~ORLO
PORATION, ~HICH CI~.PQRATIL]N IS PUBLISHER
OF TH~ R[]AN(JK~ /I~4gS g FOKLD-NE~S~ A
DAILY NEWSPAmESa, pD~LISHEO IN ROA~IOKE, IN
THL SFAT~ OF Vix<SIlI~, DO C~RTIFY
THE ANNEXED NOTICE NAS PUmLISHEO IN SAID
NEWSPAPE-KS tin Tri~ FOLLGWIclG DATES
FI1/22/93
0[/29/93
WITNESS,
TO THE CITY CLERK OF THE CITY OF ROANOKE,
PERTAINING TO THE REZONING REQUEST OF:
VIRGINIA
'92 29 :50
Request from E. C. Pace, III, that Friar Tuck Road,)
S.E., from the present southern right-of-way of )
Woodcliff Road, S.E., to the northerly right-of-way)
line of Alan-A-Dale Road, S.E., and a portion of )AFFIDAVIT
Woodcliff Road, S.E., east of the eastern right-of-)
way line of Mack-Chick Road, S.E., to the northern )
right-of-way line of Alan-A-Dale Road, S.E., be )
permanently vacated, discontinued and closed. )
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE
TO-WIT:
)
December, 1992, notices of a public hearing to be held on the
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 Owner, Aqent or Occupant Address
4080921 John D. Carr 2412 Robin Hood Rd.
c/o Frances H. Cart Roanoke, VA 24014
Mar~/~a Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in
the City of Roanoke, Virginia, this 28th day of December, 1992.
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
6th
My Commission Expires: I~,. %{ ~__~__~
The affiant, Martha Pace Franklin, first being duly sworn,
states that she is Secretary of the City of Roanoke Planning
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, January 6, 1993, 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 E. C. Pace, III, that Friar Tuck Road, S.E, from
the present southern right-of-way of Woodcliff Road, S.E., to
the northerly right-of-way line of Alan-A-Dale Road, S.E., and
a portion of Woodcliff Road, S.E., east of the eastern right-
of-way line of Mack-Chick Road, S.E., to the northern right-
of-way line of Alan-A-Dale Road, $.E., be permanently vacated,
discontinued and closed.
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, December 22, 1992
Please run in newspaper on Tuesday, December 29, 1992
Please send affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Please bill:
E. C. Pace & Co., Inc.
1036 Missouri Avenue, N.E.
Roanoke, VA 24012
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 #514
Mr. E. C. Pace, III
E. C. Pace and Co., Inc.
1036 Missouri Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Pace:
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 portion of Woodcliff Road and Friar
Tuck Road, S. E., as more fully set forth in a certain metes and bounds description
contained in the application, be permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing and an
ordinance providing for the closure, 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.
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
February
Eric.
pc: Mr. John D. Cart, c/o Ms. Frances H. Cart, 2412 Robin Hood Road, S. W.,
Roanoke, Virginia 24014
MARY Fo 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 2, 1993
File #514
Mr. E. C. Pace, III
E. C. Pace and Co., Inc.
1036 Missouri Avenue, N. E.
Roanoke, Virginia 24012
Dear Mr. Pace:
I am enclosing copy of an ordinance permanently vacating, discontinuing and closing
a portion of Woodcliff Road and Friar Tuck Road, S. E., which ordinance will be
considered by the Council of the City of Roanoke at a public hearing to 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. Please review the measure and if you have
questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-
2431.
f""x o-,~ ~,Sincerely' /O.~,A,c .
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
gne.
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, February 8, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on an application to permanently
abandon, vacate, discontinue and close the following public rights-
of-way:
That portion of Woodcliff Road, S.E., lying between Mack-
Chick Road and Alan-A-Dale Road, S.E., and all of Friar
Tuck Road, S.E.
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 January , 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:
Mr. E. C. Pace, III, Attorney
E. C. Pace and Co., Inc.
1036 Missouri Avenue, N. E.
Roanoke, Virginia 24012
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W,, Room 456
Roanoke, Virginia 240t 1
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 17, 1992
File #514
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing
copy of an application from E. C. Pace, III, Attorney, requesting the vacating,
discontinuing and closing of Woodcliff Road and Friar Tuck Road, S. E., as more
fully set forth in a certain metes and bounds description contained in the
application.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
s/pace
Eric.
pc.'
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Talevi, Assistant City Attorney
Mr. E. C. Pace, III, 1036 Missouri Avenue, N. E., Roanoke, Virginia
24012
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
Application of E.C. Pace III
for vacation of Woodcliff Road S.E.
Friar Tuck Road S.E.
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF WOODCLIFF ROAD S.E. &
FRIAR TUCK ROAD S.E.
MEMBERS OF COUNCIL:
E.C. Pace III, by Counsel, applies to have all of Friar Tuck Road
S.E. from the present southern right-of-way of Woodcliff Road S.E. to
the northerly right-of-way line of Alan-A-Dale Road S.E. The portion of
Wood~liff Road S.E., east of the eastern right-of-way line of Mack-Chick
Road S.E., to the northern right-of-way line of Alan-A-Dale Road S.E.,
in the city of Roanoke, Virginia, permanently vacated, discontinued and
closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14,
Code of the City of Roanoke (1979), as amended. These streets are more
particularly described on the map showing streets to be vacated attached
and as follows:
DETAILED DESCRIPTION OF STREETS
Beginning at a point at the northeast intersection of Mack-Chick
Road, S.E. and Woodcliff Road, S.E.
Thence, with the present northerly right-of-way line of Woodcliff
Road S 59°-36'-30,, E 419.07 feet to a point on the northerly right-of-
way line of Alan-A-Dale Road.
Thence, with the present northerly right-of-way line of Alan-A-Dale
Road S 86o39'-00,, W 54.01 feet to a point on the southern right-of-way
line of Woodcliff Road.
Thence, with the present southern right-of-way line of Woodcliff
Road N 59o-36,-30,, W 60.59 feet to a point on the southern right-of-way
line of Friar Tuck Road.
.Thence, with the present southern right-of-way line of Friar Tuck
Road, with a curve to the left which said curve is defined by a delta
angle of 53°-47'-45'', a radius of 150.00 feet, an arc of 140.84 feet,
and a chord of S 77°-02'-00,, W, 135.72 feet to a point on curve.
Thence, with a curve to the left which said curve is defined by a
delta angle of 158°-01'-25'', a radius of 15.00 feet, an arc of 41.45
feet, and a chord of S 28~-15'-08', E 29.39 feet to a point on the
northerly right-of-way line of Alan-A-Dale Road.
2 K:XTEM~XWOODFRI.AFV
Thence, with the present northerly right-of-way line of Alan-A-Dale
Road S 73°-19'-00,, W 31.85 feet to a point.
Thence, with the same northerly right-of-way line S 49°-41'-00'' W
50.00 feet to a point.
Thence, with the same northerly right-of-way line of Alan-A-Dale
Road S 34o-21,-31,, W 100.00 feet to a point on the northerly right-of-
way line of Friar Tuck Road.
Thence, with the northerly right-of-way line of Friar Tuck Road the
following two courses N 14°-47'-00,, E 26.80 feet to a point, and N 01°-
56'00" E 15.68 feet to a point of curvature.
Thence, with a curve to the right which said curve is defined by a
delta angle of 65°-16'-30'', a radius of 200.00 feet, an arc of 227.85
feet and'a chord of N 34°-34'-32,, E 215.73 feet to a point of reverse
curvature.
Thence, with a curve to the left which said curve is defined by a
delta angle of 126o-50'-45,,, a radius of 15.00 feet, an arc of 33.20
feet, and a chord of N 03o-48'-09,, E, 26.83 feet to a point on the
southern right-of-way line of Woodcliff Road.
Thence, with the southern right-of-way line of Woodcliff Road
N 59°-36'-30,, W 181.70 feet to a point.
3 K:%TF2MP%WOODFRI.AFV
Thence, N 26o-06,-45,, E 30.08 feet to the point of beginning of
this description containing 0.580 acres more or less.
E.C. Pace III states that the grounds for this application are as
follows:
1) Ail landowners whose property adjoins the property to be
vacated have been notified and are in agreement with this application.
2) The property to be vacated is presently streets that have
remained undeveloped for the past 35 years.
3) The applicant desires to use the property to be vacated for
rededication in part, and reconstruction as a residential street in
conjunction with a new sub-division.
WHEREFORE, E.C. Pace, III respectfully requests that the above
described streets be vacated by the Council of the City of Roanoke,
Virginia, in accordance with Virginia Code Section 15.1-364 and Section
30-14, Code of the City of Roanoke (1979), as amended.
Respectfully/~mitted,
/ /
SHADED AREA DENOTES
PUBLIC STREETS TO BE
VACATED,
CURVE 'iA"
DELTA · = 53°- 47 '- 45"
RADIUS= 150.00 '
ARC = [40.84'
PROPERTY OF ~'
E.C, PACE TIT
D.B. 1596 PG. II96
TAX NO. 4070506
CURVE "B" ,
DELTA = 1580-01'-25"
RADIUS= 15.00' 03
ARC = 4'1.45'
?,9.5.~''
A
)O"W 54.01'
PROPERTY OF
PACE 'm'
D.B. 1574. PG.1295
TAX NO. 4080922
3"W 60.59'
173°-19'-00"W 51.85'
49'- 4i'- O0"W 50.00'
W I00.00'
C
PROPERTY OF
E.C. PACETrr
D.B. 1574.PG.1295
TAX NO. 4080920
59'-$6-50"
PROPERTY OF
J. GRANGER a ANNE
McFARLANE
D.B. 1284 PG. 517
TAX NO. 4080910
ALA
PROPERTY
JOHN D. CAR,
~B. 978 PG.I
TAX N0.4080921
181.70
PROPERTY OF
FRANCES H. CARF
E RD. S.E.
O"E 26.80'
PROPERTY OF
WILLIAM P. a DIANE SWANN
!D.B. 1552 PG. 717
TAX NO. 408091:~
D.B. 954 PG.
TAX NO. 4.080911 TAX NO, 4080912
26'-06'-45"E .50.08'
CURVE "C"
DELTA = 65°-16'-50''
RADIUS= 200.00'
ARC = 227.85'
CURVE "D"
DELTA= 126.-50 45
RADIUS= 15.00I
ARC = 33.20'
MAP SHOWING
PUBLIC STREETS
TO BE VACATED
NOVEMBER 18, 1992
(NOT TO SCALE) !
I,d~ ~h~'~d,I OONSULTIN~ ENOINEERS
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
February 19, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #514
Mr. John P. Bradshaw, Jr., Agent
Hayes, Seay, Mattern and Mattern
P. O. Box 13446
Roanoke, Virginia 24034
Dear Mr. Bradshaw:
I am enclosing copy of Ordinance No. 31336-021693 permanently vacating,
discontinuing and closing a certain alley located between Jefferson Street and First
Street, S. W. Ordinance No. 31336-021693 was adopted by the Council of the City
of Roanoke on first reading on Monday, February 8, 1993, also adopted by the
Council on second reading on Tuesday, February 16, 1993, and will take effect ten
days following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Eric.
pc:
Trustees of St. John's Episcopal Church, Jefferson Street and Elm Avenue,
S. W., Roanoke, Virginia 24016
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. Wiliiam F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. MAiler, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Edward R. Tucker, City Planner
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Ms. Doris Layne, Office of Real Estate Valuation
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 19, 1993
File #514
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am attaching copy of Ordinance No. 31336-021693, for proper recordation in your
office, which provides for permanently vacating, discontinuing and closing a certain
alley located between Jefferson Street and First Street, S. W. Ordinance No. 31336-
021693 was adopted by the Council of the City of Roanoke on first reading on
Monday, February 8, 1993, also adopted by the Council on second reading on
Tuesday, February 16, 1993, and will take effect ten days following the date of its
second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
pc:
Mr. John P. Bradshaw, Jr., Agent, Hayes, Seay, Mattern and Mattern, P. O.
Box 13446, Roanoke, Virginia 24034
Trustees of St. John's Episcopal Church, Jefferson Street and Elm Avenue,
S. W., Roanoke, Virginia 24016
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of February, 1993.
No. 31336-021693.
VIRGINIA,
AN ORDINANCE permanently vacating, discontinuing and closing
a certain public right-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, the Trustees of St. John's Episcopal Church of
Roanoke, filed an application to the Council of the City of
Roanoke, Virginia, in accordance with law, requesting the Council
to permanently vacate, discontinue and close the public right-of-
way described hereinafter; and
WHEREAS, the City Planning
proper notice to all concerned as
City of Roanoke (1979), as amended,
public hearing on the matter, has
Council; and
WHEREAS, a public hearing was held on said application by the
City Council on February 8, 1993, after due and timely notice
thereof as required by S30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
Commission, which after giving
required by S30-14, Code of the
and after having conducted a
made its recommendation to
from permanently vacating, discontinuing and closing said public
right-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public right-of-way situate in the City
of Roanoke, Virginia, and more particularly described as follows:
of an alley between Jefferson Street and
S.W., running parallel to Elm and Mountain
That portion
First Street,
Avenues, S.W.
be, and hereby is,
and that all right
be, and hereby is,
permanently vacated, discontinued and closed,
and interest of the public in and to the same
released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public rights-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT EURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording a subdivision plat,
providing for the disposition of the land within the vacated right-
of-way, as provided by law, and providing for all necessary
easements for utilities, both public and private; and eliminating
subject alley's existing access into Jefferson Street by installing
City standard curbing and any necessary sidewalk in its place; and
in the event these conditions have not been met and the said plat
has not been recorded in the Office of the Clerk of Circuit Court
within twelve (12) months from the effective date of this
ordinance, this ordinance shall become null and void with no
further action by City Council being necessary.
BE IT FURTHER ORDAINED that the City Engineer be, and he is,
directed to mark "permanently vacated" on said public right-of-way
on all maps and plats on file in his office on which said right-of-
way is shown, referring to the book and page of ordinances and
resolutions of the Council of the City of Roanoke, Virginia,
wherein this ordinance shall be spread.
BE IT FURTHER ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
a certified copy of this ordinance for recordation in the Deed
Books of said Clerk's Office, indexing the same in the name of the
City of Roanoke, Virginia, as Grantor, and in the name of Trustees
of St. John's Episcopal Church of Roanoke, and the names of any
other parties in interest who may so request, as Grantees.
ATTEST:
City Clerk.
Roanoke City 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 the Trustees of St. John's
Episcopal Church of Roanoke, Virginia,
represented by John P. Bradshaw, Jr., that an
alley between Jefferson Street and First
Street,S.W., running parallel to Elm and
Mountain Avenues, S.W., be permanently
vacated, discontinued and closed.
ae
Alley extends from its intersection with Jefferson Street
in a westerly direction for a distance of approximately
420 feet through Block 14 to its terminus at 1st Street,
S.W.
B. Trustees of St. John's Episcopal Church of Roanoke,
Virginia, own all of the property abutting the subject
alley.
Ce
Sub'ect alle has been partially paved with some surface
treatment as well.
II. Current Situation:
ae
~ properties are identified on attached Map A
as Official Tax Nos. 1021103, 1021105, 1021106, 1021107,
1021108, 1021113, 1021102, 1021111, and 1021110.
Be
~desires to use vacated property for enhancement
of security and to provide for future handicap parking
spaces.
Ce
Sub'ect alle has been used to service rental property
owned by the petitioner.
Public hearin~ before the Planning Commission was held on
January 6, 1993.
Room355 MunicipolBuilding 215 Church Avenue SW R~:~noke, Virginia 24011 (703) 981-2344
Members of the Commission
Page 2
III. Issues:
A. Neiahborhood imDact.
B. Traf~act.
C. Utilities within the riqht-of-way.
D. Land use.
IV. Alternatives:
ae
Recommend to City Council that the aDDlicant,s request to
close the subject alley be approved subject to the
conditions outlined in Part V. recommendations:
Neiahborhood impact: Closure would have no impact
on the neighborhood.
Traffic im act: Closure will have no impact on
traffic or traffic needs in the area if the subject
alley's existing access into Jefferson Street is
eliminated. Church has plans to create a parking
lot adjacent to Jefferson Street and the alley
requested for closure. Proposed parking lot should
be required to use Mountain Avenue, S.W., for
parking lot ingress and egress. Existing alley
access into Jefferson Street should be eliminated
and curbing should be installed in its place.
3. Utilities within the public ri~ht-of-way:
City maintains sanitary sewer service within
the alley requested for closure.
be
Both C & P and APCo maintain utilities within
the alley requested for closure.
4e
Land use: Conditions made subject to the staff
recommendation in Part V., will provide for
necessary easements, proper transition of title and
future use of subject alley.
Be
Recommend to City Council that the aDDlicant,s request to
vacate and close subject alley be denied.
Neighborhood impact:
the neighborhood.
There would be no impact on
2. Traf~: Traffic would not be affected.
Members of the Commission
Page 3
Utilities within the public riqht-of-way:
Utilities would not be affected by denial of
petition.
Land use: Alley currently serves only the
properties owned by St. John's Episcopal Church.
Since the comprehensive plan calls for alleys "to
afford a secondary means of access to abutting
properties,, no public interest would be served by
an alley being maintained by the City for the
purposes of a sole property owner.
Recommendation:
By a vote of 4-0-1 (Mr. Price absent. Mr. Bradsha~
abs~, the Planning Commission recommended approval of
Alternative A thereby approving the petition permanently
vacating, discontinuing and closing subject alley located
between Jefferson Street and First Street, S.W., running
parallel to Elm and Mountain Avenues, S.W., subject to the
following conditions:
That the applicant agrees to submit to the City, receive
approval of, and record a plat of subdivision. Said plat
providing for the disposition of the land within the
vacated right-of-way, as provided for by law and
providing for all easements.
Applicant agrees to eliminate the subject alley's
existing access into Jefferson Street by installing City
standard curbing and any necessary sidewalk in its place.
That if the above conditions have not been met within a
period of 12 months from the date of any ordinance
providing for such closure, then said ordinance shall
become null and void with no further action by City
Council being necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
HPD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
IH THE COUNCIL OF THE CIT OP
IN RE:
APPLICATION OF THE TRUSTEES OF
ST. JOHN'S EPISCOPAL CHURCH OF
ROANOKE, VIRGINIA
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
ALLEY BETWEEN JEFFERSON
STREET AND FIRST STREET, SW
MEMBERS ~F COUNCIL:
THE TRUSTEES OF ST. JOHN'S EPISCOPAL CHURCH OF ROANOKE, VIRGINIA, by
John P. Bradshaw, Jr., applles to have the ALLEY BETWEEN JEFFERSON STREET
AND FIRST STREET, SW, tn thJ City of Roanoke, Vlrglnla, permanently vacated,
dtscontlnuod and closed, pursuant to Vlrgtnla Code Sectton 1S.1-364 and
Sectton 30-14, Code of the City of Roanoke (Ig79), as amended. Thts alley
is more partlcularl~ described on the map attached and as follows:
Alley of tho fourteenth block Wast of Jefferson Street, the block
bounded by Jefferson Street, Elm Avenue, First Street and ~untatn
Avenue,
THE TRUSTEES OF ST, JOHN'S EPISCOPAL CHURCH OF ROANOKE, VIRGINIA, state
that the grounds ~or this al~llcatton are as follows:
1) All property odJotnlng the property to be vacated ts owned by the
Petitioner.
2) The property to be vacated Is presently not betng used.
3) The applicant destres to use the property to be vacated for
enhancement o~ securlty and to provide for future parklng spaces for the
handlcagpod.
WHEREFORE, THE TRUSTEES OF ST. JOHN'S EPISCOPAL CHURCH OF ROANOKE,
VIRGINIA respectfully request that the above described alley be vacated by the
Counct1 of the City of Roanoke, Virginia, tn accordance wtth Vtrglnla Code
Sectlon 15.1-364 and Sectlon 30-14, Code of the Ctt~ of Roanoke (Ig79), as
~ended,
Respectfully submitted,
THE TRUSTEES OF ST. ~IOHN'S EPISCOPAL
CHURCH OF ROANOKE, VIRGZNIA
Date:
oate: II. -/4, ' '~'
Date:
LIST OF PROPERTY OWNERS
Neffle
The Trustees o1' St. John's Episcopal Church
Elm Nanor Homes
c/o St. John's Episcopal Church
Tax Nap Number
1021103
1021105-1021115
1021101
1021104
~) HU~C~-R - 17'303571
PU~LISHFR'S FE~ - bv4,,3)
CITY
H~YES,$ ~'''
~,aY*M~TTFEN
HATTERN, Ir,~C
P 0 ~30X 13~o
ROANGK~ Vq 2~O3~
'93 FEB-8 P3:16
STATE OF '¢'IRGIFJIA
CiTY OF Ri/~iNOK~
AFFID4VIT
PUmL IC ~ f
I, (I'HF UNOf!RSIL¢~ED) Arq AUTHORIZED
REPRESENTATIV~ OF THE TIMES-NORLO COR-
PORATION, WItlCH CL]RPU~qTIUN IS PUBLISHER
',3F THE ROANOKE rIMES g ~'ORLD-NEvlS, A
[)~ILY ~NEWSPAPEq PLldLISHED IN ROANOKE, IN
THE S~AT~: DF Vf~INIA. F)O CE~'FiFY [HAT
THE ANNEXED NOTICE WAS PU,3LISMEO IN SAI~
NEWSPAPERS (~N THE FgLLU~ING DATES
01/22/Y3 MiINN I;qG
nl/2q/93 F43~RN l qG
WI1NFiSS,
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, January 6, 1993, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council Chamber,
fourth floor, Municipal Building, 215 Church Avenue, S.W., in order
to consider the following:
Request from The Trustees of St. John's Episcopal Church of
Roanoke, Virginia, represented by John p. Bradshaw, Jr., that
an alley between Jefferson Street and First Street, S.W.,
running parallel to Elm and Mountain Avenues, S.W., be
permanently vacated, discontinued and closed.
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, December 22, 1992
Please run in newspaper on Tuesday, December 29, 1992
Please send affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Please bill:
John P. Bradshaw, Jr.
Hayes Seay Mattern and Mattern
P. O.Box 13446
Roanoke, VA 24034
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, February 8, 1993, at 7:30 p.m., or as soon thereafter as
the matter may be heard, in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on an application to permanently
abandon, vacate, discontinue and close the following public right-
of-way:
That portion of an alley between Jefferson Street and
First Street, S.W., running parallel to Elm and Mountain
Avenues, S.W.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 20th day of January , 1993
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, VA 24011-1536
Mary F. Parker, City Clerk.
Send bill to:
John P. Bradshaw, Jr.
Hayes, Seay, Mattern and Mattern
P. O. Box 13446
Roanoke, VA 24034
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 #514
Trustees of St. John's Episcopal Church
Jefferson Street and Elm Avenue, S. W.
Roanoke, Virginia 24016
Ladies and Gentlemen:
Pursuant to Resolution No. 25523 adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, April 6, 1981, a public hearing will be held on
Monday, 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 certain alley located between
Jefferson Street and First Street, S. W., be permanently vacated, discontinued and
closed.
For your information, I am enclosing copy of a notice of the public hearing and an
ordinance providing for the alley closure, 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, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
February 1, 1993
SANDRA H. EAKIN
Deputy CiD Clerk
File #514
Trustees of St. John's Episcopal Church
Jefferson Street and Elm Avenue, S. W.
Roanoke, Virginia 24016
Ladies and Gentlemen:
I am enclosing copy of an ordinance permanently vacating, discontinuing and closing
a certain alley located between Jefferson Street and First Street, S. W., which
ordinance will be considered by the Council of the City of Roanoke at a public
hearing to 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. Please review the measure
and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City
Attorney, at 981-2431.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Ear.
MARY F. PARKER
Ci£y 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 #514
Mr. Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys;
fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing
copy of an application from Trustees of St. John's Episcopal Church of Roanoke
requesting that a certain alley located between Jefferson Street and First Street,
S. W., be permanently vacated, discontinued and closed.
Sincerely, ~,_
Mai~r F. Parker, CMC/AAE
City Clerk
MFP: sw
a/st.john
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronaid H. Miller, Building Commissioner/Zoning Administrator
Mr. Edward R. Tucker, City Planner
Mr. Steven J. Taievt, Assistant City Attorney
Trustees of St. John's Episcopal Church of Roanoke, Jefferson Street and Elm
Avenue, S. W., Roanoke, Virginia 24016
IN THE COUNCIL OF THE CITY OF ROAN N 128
IN RE:
APPLICATION OF THE TRUSTEES OF
ST. JOHN'S EPISCOPAL CHURCH OF
ROANOKE, VIRGINIA
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
ALLEY BETWEEN JEFFERSON
STREET AND FIRST STREET, SW
MEMBERS OF COUNCIL:
THE TRUSTEES OF ST. JOHN'S EPISCOPAL CHURCH OF ROANOKE, VIRGINIA, by
John P. Bradshaw, Jr., applies to have the ALLEY BETWEEN JEFFERSON STREET
AND FIRST STREET, SW, in the City of Roanoke, Virginia, pemanently vacated,
discontinued and closed, pursuant to Virginia Code Section 15.1-364 and
Section 30-14, Code of the City of Roanoke (1979), as amended. This alley
is more particularly described on the map attached and as follows:
Alley of the fourteenth block West of Jefferson Street, the block
bounded by Jefferson Street, Elm Avenue, First Street and Mountain
Avenue, SW.
THE TRUSTEES OF ST. JOHN'S EPISCOPAL CHURCH OF ROANOKE, VIRGINIA, state
that the grounds for this application are as follows:
1) All property adjoining the property to be vacated is owned by the
Petitioner.
2) The property to be vacated is presently not being used.
3) The applicant desires to use the property to be vacated for
enhancement of security and to provide for future parking spaces for the
handicapped.
WHEREFORE, THE TRUSTEES OF ST. JOHN'S EPISCOPAL CHURCH OF ROANOKE,
VIRGINIA respectfully request that the above described alley be vacated by the
Council of the City of Roanoke, Virginia, in accordance with Virginia Code
Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as
amended.
Respectfully submitted,
THE TRUSTEES OF ST. JOHN'S EPISCOPAL
CHURCH OF ROANOKE, VIRGINIA
Truste~
Date: -/~
Date:
Trustee v
Date: /'~-//~ / f ~-~ / ,
051 I £L
LIST OF PROPERTY OWNERS
Name
The Trustees of St. John's Episcopal Church
Tax Map Number
1021103
1021105-1021115
Elm Manor Homes
c/o St. John's Episcopal Church 1021101
1021104
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 19, 1993
File #51
Mr. Donald L. Wetherington, Attorney
Wetherington and Melchionna
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Wetherington:
I am enclosing copy of Ordinance No. 31337-021693 amending 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. Ordinance No. 31337-021693 was
adopted by the Council of the City of Roanoke on first reading on Monday,
February 8, 1993, also adopted by the Council on second reading on Monday,
February 16, 1993, and will take effect ten days following the date of its second
reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Enc.
pc:
State Farm Mutual Automobile Insurance Co., 1 State Farm Plaza,
Bloomington, Illinois 61710
Mr. and Mrs. Beverly Mitchell, 7404 Falls Ridge Court, Louisville,
Kentucky 40241
Mr. and Mrs. Robert W. Nicely, cio Seasons Mortgage Corporation,
401 Southlake Boulevard, Richmond, Virginia 23203
Mr. Leonard P. Thomas, P. O. Box 13134, Roanoke, Virginia 24031
Motel 6 Operating LP, c/o Ad Valorem Tax, Inc., 750 Terrado Plaza,
Suite 231, Covina, California 91723
Mr. and Mrs. Glenvar N. Layman, 3812 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Trustees of First Wesleyan Methodist Church, 3706 Peters Creek Road,
N. W., Roanoke, Virginia 24019
M~. Donald L. Wetherington, Attorney
February 19, 1993
Page 2
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Willard N. Claytor, Director of Real Estate Valuation
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner/Zoning
Administrator
Mr. John R. Marlles, Agent, City Planning Commission
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 16th day of February, 1993.
No. 31337-021693.
AN ORDINANCE to amend SS36.1-3 and 36.1-4, Code of the City of
Roanoke (1979), as amended, and Sheet No. 649, Sectional 1976 Zone
Map, City of Roanoke, in order to amend certain conditions
presently binding upon certain property previously conditionally
rezoned from RS-l, Residential Single-Family District, to C-l,
Office and Institutional District.
WHEREAS, application has been made to the Council of the City
of Roanoke to amend certain conditions presently binding upon a
tract of land located at 4932 Frontage Road, N.W., described as
1.276 Acres, according to the Map of Arrowood, being further
identified as Official Tax No. 6490805, which property was
previously conditionally rezoned by the adoption of Ordinance No.
28087, adopted April 21, 1986; and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on February 8, 1993, after due and
timely notice thereof as required by ~36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed amendment; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
conditions now binding upon the above-described property should be
amended as requested.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that S§36.1-3 and 36.1-4, Code of the City of Roanoke
(1979), as amended, and Sheet No. 649 of the Sectional 1976 Zone
Map, City of Roanoke, be amended to reflect the changes in
proffered conditions as shown in the First Amended Petition filed
in the City Clerk's Office on January 19, 1993, and as set forth in
the report of the Planning Commission dated February 8, 1993.
ATTEST:
City Clerk.
CITY
'93 J/ N20 P5:06
Roanoke Ci~' P~anning Commission
February 8, 1993
The Honorable David A. Bowers,
and Members of city Council
Roanoke, Virginia
Chairman
Dear Members of Council:
Subject:
Request from Whitescarver-Rodes & Associates, Inc.,
represented by Donald L. Wetherington, attorney,
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.
I. Back,round:
ae
Purpose of the request is to amend two (2) of the
existing proffered conditions relative to the site
development plan and parking plan for the subject
property to provide for a proposed building addition and
expansion of the off-street parking area.
Be
Petition to amend proffered conditions was filed on
December 9, 1992. The following condition was proffered
by the petitioner in lieu of:
The property shall be developed further, if at all,
in substantial conformity to the concept plan
attached to this petition as Exhibit C, consisting
of two sheets, each showing alterations and
addition to 4932 Frontage Road, N.W., and prepared
by Whitescarver-Rodes & Associates, Inc., subject
to any changes required by the City of Roanoke
during site plan review. Additional parking spaces
may be provided and the parking area rearranged and
relocated from time to time, provided that no part
of the parking area is closer than fifty feet to
the southern (rear) boundary of the property.
Original proffered conditions as part of the rezoning
request approved by City Council on April 21, 1986,
Ordinance No. 28087, are as follows:
Room 355 Municipal Building 215 Church Avenue SW Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
The property will be developed in substantial
conformity to the preliminary development plan
attached to the Petition as Exhibit A.
A minimum of fifty feet of natural vegetation will
be left undisturbed at the rear of the property as
shown on Exhibit A.
Petitioners will plant and maintain white pine
trees in front of the natural vegetation area
described above, said trees to be at least 6 feet
tall and to be planted at a distance of every 6
feet.
The residential character of the existing building
shall be preserved.
Se
Petitioners shall construct and pave the parking
areas in substantial conformity to the diagram
shown on Exhibit A.
Se
The preliminary development plan which is Exhibit A
to the Petition is hereby amended to the extent
Petitioner shall remove a structure depicted
thereon and captioned "to be removed."
Plannina commission public hearina was held on Wednesday,
January 6, 1993. Mr. Don Wetherington appeared before
the Commission on behalf of the petitioner. Mr.
Wetherington informed the Commission this his client had
entered into a contract to purchase the subject property
with the intention of relocating their office there. He
then explained that an amendment to the proffered
conditions was necessary to permit addition onto the
existing building and to expand the accompanying parking
area. Mr. Wetherington further stated that all the
adjoining property owners had been contacted and that no
objection had been raised to their request. He then
informed the Commission that one property owner had
questioned the width of the buffer area to be maintained.
Mr. Wetherington stated that he felt there might have
been some confusion as to the action taken seven years
ago regarding the maintenance of a 50 foot wide, natural
vegetative buffer along the rear of the subject property
in conjunction with the installation of 6 foot high white
pines to be set in front of the buffer area. He further
stated that his clients had agreed to replace the white
pines that had died and would be receptive to
establishing another row of white pines in front of that
existing row of trees if the Commission desired.
Members of Council
Page 3
Mrs. Dorsey gave the staff report. She informed the
Commission that there were five proffered conditions as
part of the original rezoning and that the petition
before the Commission is to amend two (2) of those
conditions. She further stated that the subject property
is conditionally zoned C-i, Office District and that no
retail activities are permitted in that zoning district
classification. Mrs. Dorsey stated that there was no
organized neighborhood group for this area, however, the
Planning staff had notified all the adjoining property
owners and within the past few days, had received verbal
comments from one of the adjoining residential property
owners. She stated that the Planning staff recommended
approval of the request finding that the proffers were in
keeping with the intent of the previous proffered
conditions of 1986.
Mr. Wayne Nicely (3680 Partridge Lane, N.W.) appeared
before the Commission and stated that he did not oppose
the addition to the building, however, he did have a
problem with the buffer area. He informed the Commission
that he had spoken to the people with Whitescarver-Rodes
and that they had no objection to the provision of a 100
foot wide buffer along the rear portion of the property.
Discussion took place among the staff and the Commission
members pertaining to the buffering requirements of the
Code, who is responsible for its maintenance once
installed, who was responsible for proffered conditions,
and the issue of a 50 foot wide buffer versus a 100 foot
wide buffer on the subject property.
No one else from the audience appeared before the
Commission to speak in favor or in opposition to the
request.
Ee
First amended petition to amend proffered conditions was
filed on January 19, 1993, as a result of the discussion
and verbal revision to a proffered condition which took
place during the public hearing regarding the buffer
area. The following proffered conditions reflect those
previously in place as well as the revised condition:
The property shall be developed further, if at all,
in substantial conformity to the concept plan
attached to this Petition as Exhibit C, consisting
of two sheets, each showing Alterations and
Addition to 4932 Frontage Road, N. W., and prepared
by Whitescarver-Rodes & Associates, Inc., subject
to any changes required by the City of Roanoke
during site-plan review. Additional parking spaces
may be provided and the parking area rearranged and
Members of Council
Page 4
relocated from time to time, provided that no part
of the parking area is closer than fifty feet to
the southeastern (rear) boundary of the property.
Natural vegetation will not be disturbed at the
rear of the property within the area bounded by the
rear (southeastern) boundary of the property, the
parallel line 50 feet from the rear boundary and
the side boundary lines. Setting and maintaining
the trees described in condition (c) will not be
deemed a disturbance of the vegetation.
White pine trees will be set and maintained in two
parallel rows, each row within ten (10) feet of the
other and each approximately parallel to the rear
(southeastern) boundary of the property and no
closer than 30 feet and no farther than 60 feet
from the rear boundary of the property. Trees
initially set (and replacement trees from time to
time) will be at least six (6) feet tall and will
be set and maintained so that a distance no greater
than six (6) feet separates any two (2) trees in
one row and so that the trees are on alternating
(staggered) centers as between the two (2) rows.
In this condition the word "maintained" means that
trees which die from time to time will be replaced
by live trees."
Except to the extent of further development within
the limits of condition (a) above, the residential
character of the building situated on the property
on January 6, 1993, will be maintained.
II. Issues:
Zonina of the subject property is conditional, C-i,
Office District. The zoning pattern in the area is as
follows: to the west is C-i, Office District; to the
east and south is RS-i, Single Family Residential
District; and to the north is a mixture of residential
and commercial zoning under Roanoke County jurisdiction.
Land use of the subject property is a single family
residence that has been adaptively converted to office
use. The surrounding land uses are as follows: to the
east and south is single family residential; to the west
is office use; and to the north is a single family
residence, a vacant tract, and two (2) motel
establishments.
C. Access to the property is provided by the frontage road
of Peters Creek Road, a controlled access, four-lane
Members of Council
Page 5
highway. 1-581 interchange is located less than 500 feet
to the east of the property.
Neiahborhood oraanization does not exist for this area of
the City. The area consists of predominantly residential
uses, bordered by commercial and office uses, along the
Frontage Road and the existing residential properties are
set back far enough from the streets to maintain their
residential integrity.
Comprehensive plan recommends that, "In areas of
transition from one land use to another, development be
controlled so as to minimize any adverse impact on
adjoining land uses."
III. Alternatives:
City Council approve the request to amend proffered
conditions:
Zoning would remain conditional, C-l, Office
District with an amended proffered condition for a
revised site development and parking plan to
facilitate the proposed building addition and
parking area expansion on the property.
Land use would become professional offices with
related administrative activities.
Access to the subject property would continue to be
provided by the adjoining public streets, Frontage
Road and Peters Creek Road. The City Traffic
Engineer has stated that traffic generated by the
proposed office space and expansion would have
minimal impact on Frontage Road and Peters Creek
Road.
NeiGhborhood character would not be affected by the
proposed addition to the building and the expansion
of the off-street parking area as proffered.
5. Comprehensive Plan issues as set forth would be
followed.
City Council deny the request to amend proffered
conditions:
Zoning would remain conditional, C-l, office
District subject to the previously proffered site
development plan and parking plan.
Members of Council
Page 6
Land use would remain a single family residence
that has been adaptively converted and reused for
office space.
Access to and from the subject property would not
be an issue.
IV.
4. Nei~ character would not be affected.
5. Comprehensive Plan issue as set forth would
continue to be followed given the existing
proffered site development plan and off-street
parking plan for the subject property.
Recommendation:
The Planning Commission, by a vote of 5-0 (Mr. Price absent)
recommended ~ of the proposed amendment to proffered
conditions as requested finding that the revised development
plan and off-street parking plan are in keeping with the basic
design elements and character of the area.
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
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
Re:
Rezoning a parcel of land fronting
on Peters Creek Road, N.W., also
known as 4932 Frontage Road, N.W.
containing 1.276 acres, designated
on Sheet Number 649 of the Sectional
1976 Zone Map, City of Roanoke, as
Official Tax Number 6490805, from
C-l, Office and Institutional
District, subject to proffered
conditions, to C-l, Office and
Institutional District, subject to
revised proffered conditions
AMENDED
PETITION TO AMEND
PROFFERED CONDITIONS
January 6, 1993
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE
1. The Petitioner, Whitescarver-Rodes & Associates, Inc.
("Whitescarver.'), a Virginia professional corporation, proposes
to purchase the subject property on which an office building is
already constructed. A
Exhibit A. The location
A-1.
1986,
plat of the Property is attached as
of the Property is shown on Exhibit
2. Pursuant to Ordinance No. 28027, adopted March 17,
the property is zoned C-l, Office and Institutional
District, subject to certaln proffered conditions.
3. Whitescarver wishes to purchase the property,
construct a new building addition in either one or two phases
and use the existing building and new building addition to house
its own professional offices and related administrative
activities.
4. The existing ordinance incorporates five proffered
conditions, two of which read as follows:
(a) The property will be developed in substantial
conformity to the preliminary development plan attached to
the Petition as Exhibit A.
(e) Petitioners shall construct and pave the parking
areas in substantial conformity to the diagram shown on
Exhibit A.
Attached hereto as Exhibit B is a copy of Exhibit A to which
those two conditions refer.
5. Whitescarver requests that the two conditions quoted
above be deleted in their entirety and that the following
conditions be substituted in their place:
(a) The property shall be developed further, if at
all, in substantial conformity to the concept plan attached
to this Petition as Exhibit C, consisting of two sheets,
each showing Alterations and Addition to 4932 Frontage
Road, N.W., and prepared by Whitescarver-Rodes &
Associates, Inc., subject to any changes required by the
City of Roanoke during site-plan review. Additional
parking spaces may' be provided and the parking area
.rearranged and relocated from time to time, provided that
no part of the parking area is closer than fifty feet to
the southeastern (rear) boundary of the Property.
6. Whitescarver acknowledges that the existing Ordinance
incorporates a previously proffered condition that white pine
trees be set and maintained in front of the natural vegetation
area and that such trees have not been properly set and
maintained. Whitescarver agrees to set and maintain the line of
white pine trees contemplated in the existing Ordinance and
further agrees t~ set and maintain a second line of white pine
trees as additional screening, all to the end that the existing
condition (c) concerning white pine trees incorporated by the
existing Ordinance be deleted and that the following condition
be substituted in its place:
(c) White pine trees will be set and maintained
in two parallel rows, each row within ten (10) feet of
the other and each approximately parallel to the rear
(southeastern) boundary of the property and no closer
than 30 feet and no farther than 60 feet from the rear
boundary of the property. Trees initially set (and
replacement trees from time to time) will be at least
six (6) feet tall and will be set and maintained so
that a distance no greater than six (6) feet separates
any two (2) trees in one row and so that the trees are
on alternating (staggered) centers as between the two
.(2) rows. In this condition the word "maintained"
means that trees which die from time to time will be
replaced by live trees.
7. To eliminate misunderstanding in the future and to
provide a convenient reference to all conditions to which
rezoning of the property is subject, Whitescarver now proffers
or reproffers, as the case may be, the conditions set forth in
this paragraph numbered 7. These conditions are the sole
conditions to which zoning of the property is subject and
supersede all conditions previously proffered or adopted. The
conditions are as follows:
(a) The property shall be developed further, if at
all, in substantial conformity to the concept plan attached
to this Petition as Exhibit C, consisting of two sheets,
each showing Alterations and Addition to 4932 Frontage
Road, N.W., and prepared by Whitescarver-Rodes &
Associates, Inc., subject to any changes required by the
City of Roanoke during site-plan review. Additional
parking spaces may be provided and the parking area
rearranged and relocated from time to time, provided that
no part of the parking area is closer than fifty feet to
the southeastern (rear) boundary of the Property.
(b) Natural vegetation will not be disturbed at
the rear of the property within the area bounded by
the rear (southeastern) boundary of the property, the
~parallel line 50 feet from the rear boundary and the
side boundary lines. Setting and maintaining the
trees described in condition (c) will not be deemed a
disturbance of the vegetation.
4
(c) White pine trees will be set and maintained
in two parallel rows, each row within ten (10) feet of
the other and each approximately parallel to the rear
(southeastern) boundary of the property and no closer
than 30 feet and no farther than 60 feet from the rear
boundary of the property. Trees initially set (and
replacement trees from time to time) will be at least
six ~(6) feet tall and will be set and maintained so
that a distance no greater than six (6) feet separates
any two (2) trees in one row and so that the trees are
on alternating (staggered) centers as between the two
(2) rows. In this condition the word "maintained"
means that trees which die from time to time will be
replaced by live trees.
(d) Except to the extent of further development
within the limits of condition (a) above, the
residential character of the building situated on the
property on January 6, 1993, will be maintained.
8. A list of owners of adjacent properties and their
addresses is attached as Exhibit D.
WHEREFORE, Whitescarver-Rodes & Associates, Inc. requests
that the proffered conditions to the present zoning
classification of the Property be amended as set forth above.
Respectfully submitted,
WHITESCARVER-RODES & ASSOCIATES, INC.
Donald L.~'W~therington~
of counsel
Donald L. Wetherington
Wetherington & Melchionna
Post Office Box 90
Roanoke, Virginia 24002
(703) 982-3800
Counsel for Petitioner
GINIA
1.10.
~¢~oloa
//
EXIIIBIT B
_J
PROPERTIES (WITH THEIR OWNERS AND A
DDRESS~S)
ADJACENT TO 4932 FRONTAGE ROAD
T~ax Map No.
#6490806
#6490804
#6490104
#6490105
37.10-1-10
37.q0-1-11
37.10-1-12
37.10-1-13
ProDert¥ Address
3663 Peters Creek
4902 Frontage Road
3680 Partridge Lane
( ) Partridge Lane
3812 Peters Creek
3812 Peters Creek
3706 Peters Creek
T~axDayer.s Address
State Farm Mutual
Automobile Ins. Co.
1 State Farm Plaza
Bloomington, IL 61710
Beverly & Ernest Mitchell
7404 Falls Ridge Court
Louisville, KY 40241
Robert W. & Patricia S. Nicely
c/o Seasons Mortgage Corp.
401 Southlake Blvd.
Richmond, VA 23203
Leonard p. Thomas
P.O. Box 13134
Roanoke, VA 24031
Motel 6 Operating LP
c/o Ad Valorem Tax, Inc.
750 Terrado Plaza
Suite 231
Covina~ CA 91723
Glenvar N. Layman
3812 Peters Creek Road
Roanoke, VA 24019
Glenvar N. & Marie Webb Layman
3812 Peters Creek Road
Roanoke, Va 24019
First Wesleyan Methodist Ch Tr
3706 Peters Creek Road
Roanoke, Va 24019
EXHIBIT D
~ LOCATION ..
a~ NUq:j~~ -
PU~LISH~E'S F~E -
KL]A~I ]r,~ VA 2 q-302
'93 TES-B 73'A6
STATE OF VtR%INI~
CITY DF RL}~,N,hq:
~FFIJ&ViT OF PUBLICATION
I~, (THF UJUERSIGNEO) ~N 'aUTHORIZED
REPRESFNT~,.TIVE OF T-~E TIMES-WORLD COR-
PORATION~ ~HICH CORP']RATION IS PUBLISHER
OF THE ROAIDKE TIMES C ~E}~LO-~'~E~S, A
DqILY N~NSPAPE~ ?UESLISHE0 IN ROANOKE, IN
TH~ STATE OF VIRGINIA, DO CERTIFY THAT
THE ~NtqEXED ,qOTICE W~S PUmLISHE') IN SAID
NE~SP,ePERS U~ THF FOLLONIN,S OATHS
(,1/22/93 4<)F',N 1 'N S
01/29/'93 qLJRNI JL,
WITNESS, TriIS !ST JAY OF FEY, RUSRY 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, 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 amending
conditions proffered on the rezoning of a tract of land located at
4932 Frontage Road, N.W., and designated as Official Tax No.
6490805.
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 January , 1993.
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:
Mr. Donald L. Wetherington
Attorney, Wetherington & Melchionn~
P. O. Box 90
Roanoke, Virginia 24002
MARY F. PARKER
City Clerk
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
January 21, 1993
File #51
Mr. Donald L. Wetherington, Attorney
Wetherington and Melchionna
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Wetherington:
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 a request of Whitescarver-Rodes and 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.
For your information, I am enclosing copy of a notice of the public hearing and an
ordinance providing for the amendment, 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.
Mr. Donald L. Wetherington, Attorney
January 21, 1993
Page 2
pc:
State Farm Mutual Automobile Insurance Co., 1 State Farm Plaza,
Bloomington, Illinois 61710
Mr. and Mrs. Beverly Mitchell, 7404 Falls Ridge Court, Louisville,
Kentucky 4024!
Mr. and Mrs. Robert W. Nicely, c/o Seasons Mortgage Corporation,
401 Southlake Boulevard, Richmond, Virginia 23203
Mr. Leonard P. Thomas, P. O. Box 13134, Roanoke, Virginia 24031
Motel 6 Operating LP, c/o Ad Valorem Tax, Inc., 7§0 Terrado Plaza,
Suite 231, Covina, California 91723
Mr. and Mrs. Glenvar N. Layman, 3812 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Trustees of First Wesleyan Methodist Church, 3706 Peters Creek Road,
N. W., Roanoke, Virginia 24019
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 1, 1993
File #51
Mr. Donald L. Wetherington, Attorney
Wetherington and Melchionna
P. O. Box 90
Roanoke, Virginia 24002
Dear Mr. Wetherington:
I am enclosing copy of an ordinance amending certain 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, which ordinance will be considered
by the Council of the City of Roanoke at a public hearing to 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. Please review the measure and if you have questions,
you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
gne.
MARY F. PARKER
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
:215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-2541
January 21, 1993
SANDRA H. EAKIN
Deputy City Clerk
File #51
Mr. Charles A. Price, Jr., Chairperson
City ?lanning 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 Donald L. Wetherington,
Attorney, representing Whitescarver-Rodes and Associates, Inc., requesting that
a parcel of land located at 4932 Frontage Road, N. W., containing 1. 276 acre, more
or less, identified as Official Tax No. 6490805, which property was rezoned to C-1,
Office and Institutional District, pursuant to Ordinance No. 28027 adopted on
March 17, 1986, subject to certain proffered conditions, be amended according to
revised conditions proffered by the petitioner under date of January 6, 1993.
Sincerely, ~_~_
Mary F. Parker, CMC/AAE
City Clerk
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Eno.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Donald L. Wetherington, Attorney, Wetherington and Melchionna,
P. O. Box 90, Roanoke, Virginia 24002
VIRGINIA:
'93 ' "19 °
INTHE COUNCIL OF THE CITY OF ROANOKE
Re:
Rezoning a parcel of land fronting
on Peters Creek Road, N.W., also
known as 4932 Frontage Road, N.W.
containing 1.276 acres, designated
on Sheet Number 649 of the Sectional~
1976 Zone Map, City of Roanoke, as
Official Tax Number 6490805, from
C-l, Office and Institutional
District, subject to proffered
conditions, to C-l, Office and
Institutional District, subject to
revised proffered conditions
AMENDED
PETITION TO AMEND
PROFFERED CONDITIONS
January 6, 1993
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE
1. The Petitioner, Whitescarver-Rodes & Associates, Inc.
("Whitescarver"), a Virginia professional corporation, proposes
to purchase the subject property on which an office building is
already constructed. A plat of the Property is attached as
Exhibit A. The location of the Property is shown on Exhibit
A-1.
2. Pursuant to Ordinance No. 28027, adopted March 17,
1986, the property is zoned C-l, Office and Institutional
District, subject to certain proffered conditions.
3. Whitescarver wishes to purchase the property,
construct a new building addition in either one or two phases
and use the existing building and new building addition to house
its own professional offices and related administrative
activities.
4. The existing ordinance incorporates five proffered
conditions, two of which read as follows:
(a) The property will be developed in substantial
conformity to the preliminary development plan attached to
the Petition as Exhibit A.
(e) Petitioners shall construct and pave the parking
areas in substantial conformity to the diagram shown on
Exhibit A.
Attached hereto as Exhibit B is a copy of Exhibit A to which
those two conditions refer.
5. Whitescarver requests that the two conditions quoted
above be deleted in their entirety and that the following
conditions be substituted in their place:
(a) The property shall be developed further, if at
all, in substantial conformity to the concept plan attached
to this Petition as Exhibit C, consisting of two sheets,
each showing Alterations and Addition to 4932 Frontage
Road, N.W., and prepared by Whitescarver-Rodes &
Associates, Inc., subject to any changes required by the
City of Roanoke during site-plan review. Additional
parking spaces may be provided and the parking area
rearranged and relocated from time to time, provided that
no part of the parking area is closer than fifty feet to
the southeastern (rear) boundary of the Property.
6. Whitescarver acknowledges that the existing Ordinance
incorporates a previously proffered condition that white pine
trees be set and maintained in front of the natural vegetation
area and that such trees have not been properly set and
maintained. Whitescarver agrees to set and maintain the line of
white pine trees contemplated in the existing Ordinance and
further agrees to set and maintain a second line of white pine
trees as additional screening, all to the end that the existing
condition (c) concerning white pine trees incorporated by the
existing Ordinance be deleted and that the following condition
be substituted in its place:
(c) White pine trees will be set and maintained
in two parallel rows, each row within ten (10) feet of
the other and each approximately parallel to the rear
(southeastern) boundary of the property and no closer
than 30 feet and no farther than 60 feet from the rear
boundary of the property. Trees initially set (and
replacement trees from time to time) will be at least
six (6) feet tall and will be set and maintained so
that a distance no greater than six (6) feet separates
any two (2) trees in one row and so that the trees are
on alternating (staggered) centers as between the two
(2) rows. In this condition the word "maintained"
means that trees which die from time to time will be
replaced by live trees.
7. To eliminate misunderstanding in the future and to
provide a convenient reference to all conditions to which
rezoning of the property is subject, Whitescarver now proffers
or reproffers, as the case may be, the conditions set forth in
this paragraph numbered 7. These conditions are the
conditions to which zoning of the property is subject
supersede all conditions previously proffered or adopted.
conditions are as follows:
(a) The property shall be developed further,
sole
and
The
if at
all, in substantial conformity to the concept plan attached
to this Petition as Exhibit C, consisting of two sheets,
each showing Alterations and Addition to 4932 Frontage
Road, N.W., and prepared by Whitescarver-Rodes &
Associates, Inc., subject to any changes required by the
City of Roanoke during site-plan review.
parking spaces may be provided and the
rearranged and relocated from time to time,
no part of the parking area is closer than
Additional
parking area
provided that
fifty feet to
the southeastern (rear) boundary of the Property.
(b) Natural vegetation will not be disturbed at
the rear of the property within the area bounded by
the rear (southeastern) boundary of the property, the
parallel line 50 feet from the rear boundary and the
side boundary lines. Setting and maintaining the
trees described in condition (c) will not be deemed a
disturbance of the vegetation.
4
(c) White pine trees will be set and maintained
in two parallel rows, each row within ten (10) feet of
the other and each approximately parallel to the rear
(southeastern) boundary of the property and no closer
than 30 feet and no farther than 60 feet from the rear
boundary of the property. Trees initially set (and
replacement trees from time to time) will be at least
six (6) feet tall and will be set and maintained so
that a distance no greater than six (6) feet separates
any two (2) trees in one row and so that the trees are
on alternating (staggered) centers as between the two
(2) rows. In this condition the word "maintained"
means that trees which die from time to time will be
replaced by live trees.
(d) Except to the extent of further development
within the limits of condition (a) above, the
residential character of the building situated on the
property on January 6, 1993, will be maintained.
8. A list of owners of adjacent properties and their
addresses is attached as Exhibit D.
WHEREFORE, Whitescarver-Rodes & Associates, Inc. requests
that the proffered conditions to the present zoning
classification of the Property be amended as set forth above.
Respectfully submitted,
WHITESCARVER-RODES & ASSOCIATES, INC.
Donald'L.of counselWetheringt°n
Donald L. Wetherington
Wethertngton & Melchionna
Post Office Box 90
Roanoke, Virginia 24002
(703) 982-3800
Counsel for Petitioner
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CONDITIONAL
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EXHIBIT B
E.'<III B IT C
PROPERTIES (WITH THEIR OWNERS AND ADDRESSES)
ADJACENT TO 4932 FRONTAGE ROAD
Tax Map No.
#6490806
#6490804
#6490104
#6490105
37.10-1-10
37.10-1-11
37.10-1-12
37.10-1-13
Property Address
3663 Peters Creek
4902 Frontage Road
3680 Partridge Lane
( ) Partridge Lane
3812 Peters Creek
3812 Peters Creek
3706 Peters Creek
~axpayer's Address
State Farm Mutual
Automobile Ins. Co.
1 State Farm Plaza
Bloomington, IL 61710
Beverly & Ernest Mitchell
7404 Falls Ridge Court
Louisville, KY 40241
Robert W. & Patricia S. Nicely
c/o Seasons Mortgage Corp.
401 Southlake Blvd.
Richmond, VA 23203
Leonard p. Thomas
P.O. Box 13134
Roanoke, VA 24031
Motel 6 Operating LP
c/o Ad Valorem Tax, Inc.
750 Terrado Plaza
Suite 231
Covina, CA 91723
Glenvar N. Layman
3812 Peters Creek Road
Roanoke, VA 24019
Glenvar N. & Marie Webb Layman
3812 Peters Creek Road
Roanoke, Va 24019
First Wesleyan Methodist Ch Tr
3706 Peters Creek Road
Roanoke, Va 24019
EXHIBIT D
RECE~¥E.D
TO THE CITY CLERK OF THE CITY OF ROANOKE, VlRGIN~Y eL:: i(~
PERTAINING TO THE REZONING REQUEST OF:
'92 DEC 29 All :49
Request from Whitescarver-Rodes & Associates, that )
certain conditions proffered in conjunction with the )AFFI-
1986 rezoning of official Tax No. 6490805, 4932 Frontage)DAVIT
Road, N.W., be amended. )
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
6490806
Owner, Aqent or OccuDant
State Farm Mutual
Automobile Ins. Co.
Beverly and Ernest Mitchell
6490804
Address
1 State Fram Plaza
Bloomington, IL 61710
3663 Peters Creek
Roanoke, VA 24019
7404 Falls Ridge Court
Louisville, KY 40241
RECE?¥EO
NOTICE OF PUBLIC HEARING BEFOR~.IT~ ROANOK~ CITY PLANNING
COI~IISSION
'92 OEfi22 P3:32
TO WHOM IT MAY CONCERN:
The Roanoke city Planning Col~ission will hold a public
hearing on Wednesday, January 6, 1993, 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 Whitescarver-Rodes & Associates, that certain
conditions proffered in conjunction with the 1986 rezoning of
Official Tax No. 6490805, 4932 Frontage Road, N.W., be
amended.
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, December 22, 1992
Please run in newspaper on Tuesday, December 29, 1992
Please send affidavit of publication to:
Office of Community Planning
Room 355, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Please bill:
Donald L. Wetherington
Wetherington & Melchionna
P. O. Box 90
Roanoke, VA 24002
(703) 982-3800
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) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 11, 1992
File #51
Mr. Cl~arles 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 Donaid L. Wetherington, Attorney,
representing Whitescarver-Rodes and Associates, Inc., requesting that a parcel of
land located at 4932 Frontage Road,. N. W., containing 1.276 acres, more or less,
identified as Official Tax No. 6490805, which property was rezoned to C-I, Office
and Institutional District, pursuant to Ordinance No. 28027 adopted on March 17,
1986, subject to certain proffered conditions, be amended according to revised
conditions proffered by the petitioner under date of December 9, 1992.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sw
r/whitescarver
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. John R. Marlles, Agent, City Planning Commission
Mr. Ronald H. Miller, Building Commissioner/Zoning Administrator
Ms. Evelyn D. Dorsey, Acting Assistant Zoning Administrator
Mr. Steres J. Taievi, Assistant City Attorney
Mr. Donald L. Wetherington, Attorney, Wetherington and Melchionna,
P. O. Box 90, Roanoke, Virginia 24002
VIRGINIA
'92 DEC -9 P2:78
IN THE COUNCIL OF THE CITY OF ROANOKE
Re:
Rezoning a parcel of land fronting
on Peters Creek Road, N.W., also
known as 4932 Frontage Road, N.W.
containing 1.276 acres, designated
on Sheet Number 649 of the Sectional
1976 Zone Map, City of Roanoke, as
Official Tax Number 6490805, from
C-l, Office and Institutional
District, subject to proffered
conditions, to C-l, Office and
Institutional District, subject to
revised proffered conditions
PETITION TO AMEND
PROFFERED CONDITIONS
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
ROANOKE
1. The Petitioner, Whitescarver-Rodes & Associates, Inc.
("Whitescarver"), a Virginia professional corporation, proposes
to purchase the subject property on which an office building is
already constructed. A plat of the Property is attached as
Exhibit A. The location of the Property is shown on Exhibit
A-1.
2.
1986, the
District,
3.
construct a new building addition in either one or two phases
and use the existing building and new building addition to house
its own professional offices and related administrative
activities.
Pursuant to Ordinance No. 28027, adopted March 17,
property is zoned C-l, Office and Institutional
subject to certain proffered conditions.
Whitescarver wishes to purchase the property,
4. The existing ordinance incorporates five proffered
conditions, two of which read as follows:
(a) The property will be developed in substantial
conformity to the preliminary development plan attached to
the Petition as Exhibit A.
(e) Petitioners shall construct and pave the parking
areas in substantial conformity to the diagram shown on
Exhibit A.
Attached hereto as Exhibit B is a copy of Exhibit A to which
those two conditions refer.
5. Whitescarver requests that the two conditions quoted
above be deleted in their entirety and that the following
conditions be substituted in their place:
(a) The property shall be developed further, if at
all, in substantial conformity to the concept plan attached
to this Petition as Exhibit C, consisting of two sheets,
each showing Alterations and Addition to 4932 Frontage
Road, N.W., and prepared by Whitescarver-Rodes &
Associates, Inc., subject to any changes required by the
City of Roanoke during site-plan review. Additional
parking spaces may be provided and the parking area
rearranged and relocated from time to time, provided that
no part of the parking area is closer than fifty feet to
the southern (rear) boundary of the Property.
2
6. Whitescarver acknowledges all other proffered
conditions to which zoning of the Property is subject, pursuant
to Ordinance NO. 28027, and agrees to abide by those conditions.
7. A list of owners of adjacent properties and their
addresses is attached as Exhibit D.
WHEREFORE, Whitescarver-Rodes & Associates, Inc. requests
that the proffered conditions to the present zoning
classification of the Property be amended as set forth above.
Respectfully submitted,
WHITESCARVER-RODES & ASSOCIATES, INC.
Donald L. Wetherington
Wetherlngton & Melchionna
Post Office Box 90
Roanoke, Virginia 24002
(703) 982-3800
Counsel for Petitioner
3
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VIRGINIA
sY: T.P. PARKER & SON
ENGINEERS & SURVEYORS ,LTD.
EXHIBIT A
No
RE:ZON~'O ~Y ORD.
(o49080b
0090103
I
z9010/
EXHIBIT A-1
6490605
CONDITIONAL
I~E'ZON ED 8Y
~¢90/02 50
b¢90105
b¢9080~
1939 ,AC.
//
t
EXHIBIT B
EXHIBIT C
PROPERTIES (WITH THEIR OWNERS AND ADDRESSES)
ADJACENT TO 4932 FRONTAGE ROAD
Tax Map No.
~6490806
%6490804
%6490104
~6490105
37.10-1-10
37.10-1-11
37.10-1-12
37.10-1-13
Property Address
3663 Peters Creek
4902 Frontage Road
3680 Partridge Lane
( ) Partridge Lane
3812 Peters Creek
3812 Peters Creek
3706 Peters Creek
Taxpayer's Address
State Farm Mutual
Automobile Ins. Co.
1 State Farm Plaza
Bloomington, IL 61710
Beverly & Ernest Mitchell
7404 Falls Ridge Court
Louisville, KY 40241
Robert W. & Patricia S. Nicely
c/o Seasons Mortgage Corp.
401 Southlake Blvd.
Richmond, VA 23203
Leonard P. Thomas
P.O. Box 13134
Roanoke, VA 24031
Motel 6 Operating LP
c/o Ad Valorem Tax, Inc.
750 Terrado Plaza
Suite 231
Covina, CA 91723
Glenvar N. Layman
3812 Peters Creek Road
Roanoke, VA 24019
Glenvar N. & Marie Webb Layman
3812 Peters Creek Road
Roanoke, Va 24019
First Wesleyan Methodist Ch Tr
3706 Peters Creek Road
Roanoke, Va 24019
EXHIBIT D
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
2Hi Church Avenue, S.W., Room 456
Roanoke, Virginia 2~11
Telephone: (?03) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #15-192
Mr. Daniel E. Wooldridge
15 Benbrook Circle, N. E.
Roanoke, Virginia 24012
Dear Mr. Wooldridge:
I am enclosing copy of Resolution No. 31348-021693 recognizing your meritorious
service rendered to the City and designating you as a commissioner emeritus of the
Roanoke Civic Center Commission. Resolution No. 31348-021693 was adopted by the
Council of the City of Roanoke at a regular meeting held on Tuesday, February 16,
1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc o
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: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #15-192
Mr. Vernon Danielson, Chairperson
Roanoke Civic Center Commission
3260 White Oak Road, S. W.
Roanoke, Virginia 24014
Dear Mr. Danielson:
I am enclosing copy of Resolution No. 31348-021693 recognizing the meritorious
service rendered to the City by Daniel E. Wooldridge and designating Mr. Wooldridge
as a commissioner emeritus of the Roanoke Civic Center Commission. Resolution No.
31348-021693 was adopted by the Council of the City of Roanoke at a regular meeting
held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Kit B. Kiser, Director, Utilities and Operations
Mr. Bobby E. Chapman, Manager, Civic Center Facilities
Ms. Vivian D. Nelson, Secretary, Roanoke Civic Center Commission
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of Februar3, 1993.
No. 31348-021693.
VIRGINIA,
A RESOLUTION recognizing the meritorious service rendered to
the City by Daniel E. Wooldridge and designating Mr. Wooldridge as
a commissioner emeritus of the Roanoke Civic Center Commission.
WHEREAS, Daniel E. Wooldrige has served the City in exemplary
fashion as a member of the Roanoke Civic Center Commission from
October 13, 1983, to September 30, 1992;
WHEREAS, Mr. Wooldridge has given unselfishly of his time and
ability and served the City with the utmost loyalty and devotion
and as a dedicated and tireless worker; and
WHEREAS, this Council desires to take special note of Mr.
Wooldridge.s contributions and service to the City;
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke as follows:
1. Council adopts this means of recognizing and commending
the outstanding services rendered to this City by Daniel E.
Wooldrldge as a member of the Roanoke Civic Center Commission.
2. Mr. Wooldridge is hereby designated as a commissioner
emeritus of the Roanoke Civic Center Commission.
3. The City Clerk is directed to forward an attested copy of
this resolution to Mr. Wooldridge.
ATTEST:
City Clerk.
[.,IT · Director of Administration and Pubhc Safety
'93 31 / 11:38
March 30, 1993
John Stroud, Executive Vice President
Roanoke Regional Chamber of Commerce
P.O. Box 0700
Roanoke, Virginia 24004-0700
Dear John:
Subject: Roanoke City Jail Annex
On February 16, 1993, you presented a resolution from
Roanoke Regional Chamber of Commerce to City Council in support
of the Roanoke City Jail Annex project and the reimbursement of
fifty percent (50%) of the construction cost for the project by
the Commonwealth of Virginia. The Jail Annex is an important
capital project and we are proceeding to address this need.
On March 8, 1993, City Council adopted a resolution
requesting reimbursement of the Roanoke City Jail Annex project
costs by the Virginia Department of Corrections at a rate of
twenty-five percent (25%) of the project cost. Legislation
enacted by the 1993 General Assembly lowered the reimbursement
percentage from fifty percent (50%) to twenty-five percent (25%)
but removed the dollar cap on funding. This legislative
amendment will allow for more state reimbursement on the Jail
Annex project.
On March 22, 1993, City Council authorized the issuance of
general obligation bonds under the Public Finance Act to pay for
the City's share ($4.8 million) of the annex for the City Jail.
At the same time Council voted to increase the cigarette tax from
fourteen (14) cents to seventeen (17) cents a pack and approved a
five dollar ($5.00) increase in motor vehicle license fee for
vehicles under 4,000 pounds. This new revenue will support the
cost of the bonds for both the Jail Annex project and the
expansion of the Juvenile Detention Home.
Room 354 Municipal Building 215 Church Avenue, S W. Roanoke, Virginia 24011 (703) 981-2305
John Stroud, Executive Vice President
Roanoke Regional Chamber of Commerce
Page 2
March 30, 1993
There are a number of hurdles to clear as we move forward to
complete the Jail Annex project. Mr. Herbert has assigned me the
responsibility for this project. He will be sharing information
with you as the project moves ahead.
Sincerely,
nead
Director of Public Safety
cc: F~ary Parker, City Clerk
Sheriff Alvin Hudson
MARY F. PARKER
City Clerk, CMC/AAE
CITY OF ROANOKF
OFFICE OF THE CITY CLERK
215 Church Avenue, 5.W., Room 456
Roanoke, Virginia 2401!
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #123
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Mr. Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Gentlemen:
! am attaching a copy of a Resolution adopted by the Board of Directors of Roanoke
Regional Chamber of Commerce in support of efforts to increase the per diem rate
paid by the Commonwealth for prisoners and to provide fifty percent of the
construction cost of an addition to the Roanoke City Jarl, and urging Roanoke City
Council to approve additions to the existing jail facility to meet the needs of the City
to the year 2000, which Resolution was before the Council of the City of Roanoke at
a regular meeting held on Tuesday, February 16, 1993.
On motion, duly seconded and adopted, the Resolution was referred to you for
study, report and recommendation.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
pc: Mr. John M. Stroud, CCE, President, The Regional Chamber, 310 First
Street, S. W., Roanoke, Virginia 24011
.... THE
REGIONAl.
~OANOKE ~EGIONAL CHAMBE~ OF COMME~CE
February 16, 1993
310 FimtSt~et, SW
Roanoke, VA 24011
(703) 983-O7OO
(703} 983 0723 Fox
RECEIVED
The Honorable David A. Bowers
Mayor of the City of Roanoke
215 Church Avenue, SW
Municipal Building, Room 452
Roanoke, Virginia 24011
Dear Mayor Bowers
On behalf of the Roanoke Regional Chamber of Commerce, we have enclosed a copy
of a resolution approved by our Board of Directors on February 15, 1993.
We recognize the importance of your deliberations and concerns because of the
Roanoke City Jail operating at 236 percent of its intended capacity.
This resolution supports your efforts to reach a solution to this major issue.
Sincerely,
ent troud, CCE
~JMS/ab
Enclosure
RESOLUTION
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
the Roanoke City lail, as of March 1, 1993, will accommodate 236 prisoners.
the Jail is operating at approximately 236 percent of its operating capacity.
from July through December, 1992, there was an average of 473 inmates housed
in the facility.
the Commonwealth of Virginia continues to delay taking State prisoners, which
is a primary cause of overcrowding.
the Commonwealth has stated they plan to take more prisoners at a future date.
if the Commonwealth does implement their plans, the number of prisoners is still
expected to increase to 800 by the year 2000 or 1000 if the State does not do as
they say.
due to the number of violent offenders in the City, more space is necessary.
the Commonwealth is not paying a fair share (per diem) of the costs and is not
assisting sufficiently in construction costs.
THEREFORE, BE IT RESOLVED, that the Roanoke Regional Chamber of Commerce urges
members of the Legislature to enact legislation to increase the per diem paid by
the Commonwealth and to provide fifty (50) percent of the construction cost of
an addition to the Roanoke City Jail and the Chamber urges the Roanoke City
Council to approve additions to the existing Jail facility to meet the needs of the
City to the year 2000.
Approved on February 15, 1993, by the Board of Directors of the Roanoke Regional Chamber
of Commerce.
MARY F. PARKI~.~
City Clerk, CMC/AAE
CITY OF ROANOK
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Vir~nia 24011
Telephone: (703) 981-2~41
SANDRA H. EAKIN
Deputy City Clerk
February 19, 1993
File #1-184-429
Mr. James D. Grisso
Acting Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of Resolution No. 31349-021693 providing for a salary increment
for automobile use, in the amount of $76.92 bi-weekly, retroactive to January 12,
1993, to be paid to you, and providing that the City shall pay to the International
City Management Association Retirement Corporation Deferred Compensation Plan as
deferred compensation on your behalf, an amount equal to nine percent of your bi-
weekly salary (including salary increment for automobile use) in the amount of
$2,780.74, retroactive to January 12, 1993. Resolution No. 31349-021693 was
adopted by the Council of the City of Roanoke at a regular meeting held on Tuesday,
February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc:
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Ms. Doris S. Peters, Retirement Administrator
Ms. Corinne B. Gott, Acting Director, Human Development
Mr. Kenneth S. Cronin, Personnel Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of February. 1993.
No. 31349-021693.
VIRGINIA,
A RESOLUTION.providing for certain benefits to be paid to the
Acting Director of Finance.
WHEREAS, this Council has previously appointed James D. Grisso
as Acting Director of Finance for an indefinite period of time
until Council shall appoint a Director of Finance and such person
shall assume office; and
WHEREAS, it is the intent of Council to establish certain
benefits to be paid to the Acting Director of Finance;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. The Acting Director shall be paid a salary increment for
automobile use in the amount of $76.92 bi-weekly, retroactive to
January 12, 1993.
2. The City shall pay to the International City Management
Association Retirement Corporation Deferred Compensation Plan as
deferred compensation on behalf of James D. Grisso, Acting Director
of Finance, an amount equal to nine percent (9%) of the Acting
Director's bi-weekly salary (including salary increment for
automobile use as established by paragraph 1 above) of $2,780.74,
retroactive to January 12, 1993.
ATTEST:
City Clerk.
MARY F. PARKER
City Clerk, CMC/AAE
CTrY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2~11
Telephone: (?03) 981-2341
SANDRA H. EAK1N
D~puty City Clerk
February 19, 1993
File #1-38-83-104-162-280
The Honorable Beverly T. Fitzpatrick, Jr.
Chairperson
City Council Personnel Committee
Roanoke, Virginia
Dear Mr. Fitzpatrick:
I am attaching copy of Resolution No. 31350-021693 establishing the policy of City
Council with respect to compensation of acting Council-appointed officers, providing
that such officers shali be paid additional compensation, in the amount of ten percent
of base salary prior to assuming acting status for the period of such acting
assignment. Resolution No. 31350-021693 was adopted by the Council of the City of
Roanoke at a regular meeting held on Tuesday, February 16, 1993.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Enc.
pc:
Mr. W. Robert Herbert, City Manager
Mr. James D. Grisso, Acting Director of Finance
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Wiliard N. Claytor, Director of Real Estate Valuation
Mr. Robert H. Bird, Municipal Auditor
Ms. Mary F. Parker, City Clerk
Ms. Corinne B. Gott, Acting Director, Human Development
Mr. Kenneth S. Cronin, Personnel Manager
Mr. Barry L. Key, Manager, Office of Management and Budget
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 16th day of February, 1993.
No. 31350-021693.
VIRGINIA,
A RESOLUTION establishing the policy of City Council with
respect to compensation of acting Council-appointed officers.
WHEREAS, from time to time it becomes necessary for City
Council to appoint an acting Council-appointed officer; and
WHEREAS, it is the intention of City Council to establish by
this resolution its policy with respect to compensation of such
acting Council-appointed officers;
THEREFORE, BE IT RESOLVED by
the Council of the City of
Roanoke as follows:
1. When City Council shall appoint an acting Council-
appointed officer, such officer shall be paid additional
compensation in the amount of ten percent (10%) of base salary
prior to assuming acting status for the period of such acting
assignment.
2. If such acting Council-appointed officer was in the
employ of the City prior to being appointed as an acting Council-
appointed officer, all other benefits for such officer shall remain
the same as existed prior to such person's being appointed as an
acting Council-appointed officer.
ATTEST:
City Clerk