HomeMy WebLinkAboutCouncil Actions 01-23-95MCCADDEN
32346
REGULAR WEEKLY SESSION
ROANOKE CITY COUNCIL
January 23, 1995
10:00 a.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call. Council Members Parrott and
White were absent.
The Invocation was delivered by the Reverend G. Ernest Deyerle,
Pastor, Red Hill Church of the Brethren.
The Pledge of Allegiance to the Flag of the United States of America
was led by Mayor David A. Bowers.
Welcome. Mayor Bowers.
ANNOUNCEMENTS:
CONSENT AGENDA
(APPROVED 5-0)
ALL MATFERS LISTED UNDER THE CONSENT AGENDA ARE
CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY
COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE
C-1
C-2
C-3
C-4
WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF
DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED
SEPARATELY.
A communication from Mayor David A. Bowers requesting an
Executive Session to discuss vacancies on various authorities, boards,
commissions and committees appointed by Council, pursuant to Section
2.1-344 (A)(1), Code of Virginia (1950), as amended.
RECOMMENDED ACTION:
File #110-132
Concur in request for Council to convene in
Executive Session to discuss vacancies on
various authorities, boards, commissions and
committees appointed by Council, pursuant
to Section 2.1-344 (A)(1), Code of Virginia
(1950), as amended.
A report of the City Attorney with regard to remarks of Ms. Lola R.
Reynolds-Lee relating to the business license tax for fortunetellers and
ownership of a wall located near the intersection of Patterson Avenue and
Ninth Street, S. W.
RECOMMENDED ACTION: Receive and file.
File #66-79-322
A communication from Howard W. Childress, Sr., tendering his
resignation as a member of the Building Maintenance Code of Appeals
Board.
RECOMMENDED ACTION: Receive and file the communication and
File #15-32-110 accept the resignation with regret.
A report of the City Manager requesting an Executive Session to
discuss disposition of publicly held property, specifically conveyance of a
small portion of a parcel devoted to public use for access purposes, pursuant
to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended.
2
C-5
RECOMMENDED ACTION:
File #132-166
Concur in request for Council to convene in
Executive Session to discuss disposition of
publicly held property, specifically
conveyance of a small portion of a parcel
devoted to public use for access purposes,
pursuant to Section 2.1-344 (A)(3), Code of
Virginia (1950), as amended.
Qualification of Sherman A. Holland as a member of the Youth
Services Citizen Board for a term ending May 31, 1996.
RECOMMENDED ACTION: Receive and file.
File #15-110-304
REGULAR AGENDA
3. I-IF. ARING OF CITIZENS UPON PUBLIC MATI'ERS:
a. OTHER HEARING OF CITIZENS: None.
4. PETITIONS AND COMMUNICATIONS:
A communication from the Roanoke City School Board requesting
appropriation of $64,721.00 in 1995 bond issue proceeds to provide
funds for installation of computer networks in the six middle schools;
and a report of the Director of Finance concurring in the request.
Adopted Budget Ordinance No. 32346-012395 and Resolution No.
32347-012395. (5-0)
File #53-60-467-472
A communication from Wayne G. Strickland, Executive Director, Fifth
Planning District Commission, requesting the appointment of three
City representatives to serve on a Steering Committee for development
of an Open Space Plan for the Roanoke Valley.
3
Referred to the City Manager for report and recommendation to
Council.
File #110-200-246-379
5. REPORTS OF OFFICERS:
a. CITY MANAGER:
BRIEFINGS: None.
ITEMS RECOMMENDED FOR ACTION:
A report recommending that a special meeting of City Council
be held on Saturday, February 18, 1995, at 8:30 a.m., for the
purpose of holding a work session to review current and
previous financial data and trends.
Adopted Resolution No. 32348-012395. (5-0)
File 860-132-166-450
A report recommending extension of pay benefits for an
employee of the Police Department until February 28, 1995.
AdopWxl Resolution No. 32349-012395. (5-0)
File #5-53-63-184-202
A report recommending appropriation of $244,825.00,
representing a reimbursement received from the Commonwealth
of Virginia, Department of Emergency Services, for removal of
debris, ice and snow, emergency operations and storm cleanup
relating to the ice storm which occurred on February 8, 1994.
Adopted Budget Ordinance No. 32350-012395. (5-0)
File #53-60-67-144-162-183-188-202-236-282-410-450-
467-468-472
4
A report recommending execution of Change Order No. 2, in
the credit amount of $47,413.56, to the City's contract with
H. Hamner Gay and Co., Inc., in connection with construction
of Carvins Cove Phase II, Contract B-1.
Adopted Ordinance No. 32351-012395. (5-0)
File//468-514
A report recommending execution of Change Order No. 3, in
the amount of $18,685.00, to the City's contract with
H. Hamner Gay and Co., Inc., in connection with construction
of Carvins Cove Phase II, Contract C-2.
Adopted Ordinance No. 32352-012395. (5-0)
File 4/468-514
A report recommending acceptance of the bid submitted by BFI,
Inc., to provide bulk container collection service for a period of
24 months.
Deferred until the regular meeting on Monday, February 13,
1995, at 3:00 p.m.
File 4/5-27-32-184-268-354-361-472
A report recommending authorization to submit an application
to the Virginia Department of Housing and Community
Development for approval as a HomeSTART program
administrator for Virginia Housing Partnership Funds to be used
for various housing assistance activities.
Adopted Resolution No. 32353-012395. (5-0)
File #178-236
A report recommending execution and recordation of a
Declaration of Protective Covenants, and donation of the City's
interest in the former landfill property in Southeast Roanoke
County to the Roanoke Valley Resource Authority.
5
Adopted Ordinance No. 32354-012395 on first reading. (5-0)
File g28-166-253
9. A report recommending acceptance of the lowest responsible
bids submitted for certain vehicular equipment for various City
departments; and appropriation of funds in connection therewith.
File g27-45-72-183-268-270-354-361-472
DIRECTOR OF FINANCE:
1. A financial report for the month of December, 1994.
Received and filed.
File gl-10
CITY ATTORNEY:
1. A report transmitting a Resolution with regard to State funding
cuts for Roanoke Valley cultural agencies.
Adopted Resolution No. 32355-012395. (5-0)
File #137-188-229-236-319-336-348-425
2. A report transmitting an Ordinance amending the City Code to
provide for a new schedule of regular meetings of City Council,
effective February 13, 1995.
Adopted Ordinance No. 32356-012395. (5-0)
File g24-132
3. A report transmitting a Resolution authorizing execution of an
Addendum to the Water-Sewer Contract between the City of
Roanoke and County of Roanoke, dated August 13, 1979; and
authorizing the dismissal of certain litigation pending between
the City and County.
6
Adopted Resolution No. 32357--012395.
File g468
(5-O)
d. CITY CLERK:
A report advising of expiration of the three year terms of
C. Nelson Harris and Clubert G. Poff as Trustees of the
Roanoke City School Board on June 30, 1995, and that
applications for the upcoming vacancies will be received in the
City Clerk's Office until 5:00 p.m. on Friday, March 10, 1995.
Received and filed.
File 4/110-467
A report requesting that Council concur in establishing specific
dates for various actions required pursuant to the School Trustee
selection process.
Concurred in the recommendation.
File 8467
(1) Monday, March 13, 1995, at 6:00 p.m.
(2) Monday, March 27, 1995, at 3:00 p.m.
(3) Monday, April 10, 1995, at 3:00 p.m.
(4) Monday, April 24, 1995, at 3:00 p.m.
(5) Thursday, April 27, 1995, at 6:00 p.m.
(6) Monday, May 8, 1995, at 3:00 p.m.
6. REPORTS OF COMMITTEES:
A report of the Water Resources Committee recommending purchase
of a vacant lot located on Church Avenue, S. W., identified as Official
Tax No. 1113408, at a cost of $10,800.00. Council Member Delvis O.
McCadden, Vice-Chairperson.
Adopted Ordinance No. 32358-O12395. (5-O)
File g2-184-468
7
A report of the Water Resources Committee recommending acquisition
of certain property fights needed by the City for construction of six
Infiltration/Inflow Reduction Program projects; and appropriation of
funds in connection therewith. Council Member Delvis O. McCadden,
Vice-Chairperson.
Adopted Budget Ordinance No. 32359-012395 and Ordinance No.
32360-012395. (5-0)
File 827-28-60-79--468
A report of the Water Resources Committee recommending acquisition
of certain property rights needed by the City for construction of the
Walnut Avenue Bridge Replacement project; and appropriation of
funds in connection therewith. Council Member Delvis O. McCadden,
Vice-Chairperson.
Adopted Budget Ordinance No. 32361-012395 and Ordinance No.
32362-012395. (5-0)
File ff28-60-79-102-217-468-514
7. UNFINISHED BUSINESS: None.
INTRODUCTION AND CONSIDERATION
ORDINANCES AND RESOLUTIONS:
OF
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Ordinance No. 32341, on second reading, permanently vacating,
discontinuing and closing a certain segment of 19th Street, N. W.,
located between Loudon Avenue to the north and Centre Avenue to
the south, and bounded by Block 23 of Hyde Park Subdivision to the
west and by Block 22 of Hyde Park Subdivision to the east; and a
certain segment of a 15-foot wide alley running from 19th Street
eastward approximately 240 feet to the westernmost boundary of the
tract referred to as Official Tax No. 2211814, being the same portion
of the alley located directly south of applicant's property.
Adopted Ordinance No. 32341-012395. (5-0)
File #514
8
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Ordinance No. 32342, on second reading, permanently vacating,
discontinuing and closing a 10-foot wide alley extending from 25th
Street to an alley running from Shenandoah Avenue to 24th Street,
N.W.
Adopted Ordinance No. 32342-012395. (5-0)
File #514
Ordinance No. 32343, on second reading, p¢,nanently vacating,
discontinuing and closing a certain segment of First Street, S. E.,
located in the Orchard Hill Subdivision, adjacent to property at
21 Highland Avenue, S. E., identified as Official Tax Nos. 4021501,
4021502, 4021409 and 4021401; and a certain segment of an alley
which divides the property fronting on the 900 block of South
Jefferson Street and property fronting on First Street, S. W., identified
as Official Tax Nos. 1021811, 1021808, 1021807, 1021805, 1021812,
1021813, 1021814, 1021815, and 1021810.
Adopted Ordinance No. 32343-012395. (5-0)
File #514
Ordinance No. 32344, on second reading, rezoning a tract of land
located at 5175 Peters Creek Road, N. W., described as Official Tax
No. 6600102, from LM, Light Manufacturing District, to C-l, Office
District, subject to certain conditions proffered by the petitioner.
Adopted Ordinance No. 32344-012395. (5-0)
File #51
9. MOTIONS AND MISCELLANEOUS BUSINESS:
ao
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Inquiries and/or comments by the Mayor and Members of City
Council.
Vacancies on various authorities, boards, commissions and committees
appointed by Council.
9
10.
OTHER I-IEARINGS OF CITIZENS:
CERTIFICATION OF EXECUTIVE SESSION.
Appointed the following persons:
D. Kent Chdsman -
File #15-110-200
Alphonzo L. Holland, Sr. -
File #15-110-202
None.
(5-o)
City Planning Commission
Personnel and Employment Practices
Commission
Reappointed Corinne B. Gott as the City's representative to the Advisory
Board of the League of Older Americans.
File #110-243
10
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Charles A. Harlow
Acting Grants Monitoring Administrator
Roanoke, Virginia
Dear Mr. Harlow:
I am attaching copy of the following measure that pertains to your department:
Resolution No. 32353-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
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City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
M. David Hooper
Police Chief
Roanoke, Virginia
Dear Mr. Hooper:
I am attaching copy of the following measure that pertains to your department:
Resolution No. 32349-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Clayne M. Calhoun
Law Librarian
Roanoke, Virginia
Dear Ms. Calhoun:
I am attaching copy of the following measure that pertains to your department:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Bobby D. Casey
Office of the Magistrate
Roanoke, Virginia
Dear Mr. Casey:
I am attaching copy of the following measure that pertains to your department:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin _~
Deputy City Clerk
SHE:sm
Ene.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Ronald S. Albright, Clerk
General District Court
Roanoke, Virginia
Dear Mr. Albright:
I am attaching copy of the following measure that pertains to your department:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Patsy A. Bussey, Clerk
Juvenile and Domestic
Relations District Court
Roanoke, Virginia
Dear Ms. Bussey:
I am attaching copy of the following measure that pertains to your department:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
The Honorable Joseph M. Clarke, II, Chief Judge
The Honorable John B. Fer~uson, Judge
The Honorable Philip Trompeter, Judge
The Honorable Joseph P. Bounds, Judge
Juvenile and Domestic Relations District Court
Roanoke, Virginia
Dear Judge Clarke, Judge Fer~uson, Judge Trompeter and Judge Bounds:
I am attaching copy of the following measure that pertains to the Juvenile and
Domestic Relations District Court:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Ene.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
The Honorable Roy B. Willett, Chief Judge
The Honorable Kenneth E. Trabue, Judge
The Honorable G. O. Clemens, Judge
The Honorable Clifford R. Weckstein, Judge
The Honorable Diane McQ. Strickland, Judge
The Honorable Richard C. Pattisail, Judge
Twenty-Third Judicial Circuit
Roanoke, Virginia
Dear Judge Willett, Judge Trabue, Judge Clemens, Judge Weckstein, Judge
Strickland and Judge Pattisall:
I am attaching copy of the following measure that pertains to the Circuit Court:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
The Honorable Julian H. Raney, Jr., Chief Judge
The Honorable George W. Harris, Jr., Judge
The Honorable John L. Apostolou, Judge
The Honorable Vincent A. Lilley, Judge
The Honorable William D. Broadhurst, Judge
General District Court
Roanoke, Virginia
Dear Judge Raney, Judge Harris, Judge Apostolou, Judge Lilley and Judge
Broadhurst:
I am attaching copy of the following measure that pertains to the General District
Court:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
The Honorable Donald S. Caidwell
Commonwealth's Attorney
Roanoke, Virginia
Dear Mr. Caldwell:
I am attaching copy of the following measure that pertains to your department:
Ordinance No. 32356-01239§
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am attaching copy of the following measure that pertains to your department:
Ordinance No. 32356-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
E. Wayne Harris
Superintendent of Roanoke City Public Schools
Roanoke, Virginia
Dear Mr. Harris:
I am attaching copy of the following measure that pertains to the Roanoke City Public
Schools:
Budget Ordinance No. 32350-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
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Eric.
pc:
Sincerely,
Sandra H. Eakin
Deputy City Clerk
June S. Nolley, Clerk of the Roanoke City School Board
City Clerk's Office
City of Roanoke, Virginia
January 28, 1995
M. Craig Sluss, Manager
Water Department
Roanoke, Virginia
Dear Mr. Sluss:
I am attaching copy of the following measure that pertains to your department:
Budget Ordinance No. 32350-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
Jity of Roanoke, Virginia
January 26, 1995
Glenn A. Asher
Risk Management Officer
Roanoke, Virginia
Dear Mr. Asher:
I am attaching copy of the following measure that pertains to your department:
Resolution No. 32349-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Kenneth S. Cronin
Personnel Manager
Roanoke, Virginia
Dear Mr. Cronin:
I am attaching copy of the following measure that pertains to your department:
Resolution No. 32349-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Ronald H. Miller
Building Commissioner
Roanoke, Virginia
Dear Mr. Miller:
I am attaching copy of the following measure that pertains to your department:
Resolution No. 32353-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
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H. Daniel Pollock, Jr., Housing Development Coordinator
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
John W. Coates, Manager
Parks, Recreation and Grounds Maintenance
Roanoke, Virginia
Dear Mr. Coates:
I am attaching copy of the following measure that pertains to your department:
Budget Ordinance No. 32350-012395
The abovereferenced measure was adopted by the Council of the City of Roanoke at
a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
James D. Grisso
Director of Finance
Roanoke, Virginia
Dear Mr. Grisso:
I am attaching copy of the following measures that pertain to your department:
Ordinance No. 32341-012395
Ordinance No. 32342-012395
Ordinance No. 32343-012395
Ordinance No. 32344-012395
Budget Ordinance No. 32346-012395
Resolution No. 32347-012395
Resolution No. 32348-012395
Resolution No. 32349-012395
Budget Ordinance No. 32350-012395
Ordinance No. 32351-012395
Ordinance No. 32352-012395
Resolution No. 32353-012395
Resolution No. 32355-012395
Ordinance No. 32356-012395
Resolution No. 32357-012395
Ordinance No. 32358-012395
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc o
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Steven J. Talevi
Assistant City Attorney
Roanoke, Virginia
Dear Mr. Talevi:
I am attaching copy of the following measures that pertain to the City Attorney's
Office:
Ordinance No. 32341-012395
Ordinance No. 32342-012395
Ordinance No. 32343-012395
Ordinance No. 32344-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Wilburn C. Dibling, Jr.
City Attorney
Roanoke, Virginia
Dear Mr. Dibling:
I am attaching copy of the following measures that pertain to your department:
Ordinance No.
Ordinance No.
Ordinance No.
Ordinance No.
Resolution No.
Resolution No.
Ordinance No.
Ordinance No.
Resolution No.
Resolution No.
Ordinance No.
Resolution No.
Ordinance No.
Ordinance No.
Ordinance No.
32341-012395
32342-012395
32343-012395
32344-012395
32348-012395
32349-012395
32351-012395
32352-012395
32353-012395
32355-012395
32356-012395
32357-012395
32358-012395
32360-012395
32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke. Virginia
January 26, 1995
Diane S. Akers
Budget Administrator
Office of Management and Budget
Roanoke, Virginia
Dear Ms. Akers:
I am attaching copy of the following measures that pertain to your department:
Budget Ordinance No. 32346-012395
Resolution No. 32347-012395
Resolution No. 32348-012395
Budget Ordinance No. 32350-012395
Ordinance No. 32351-012395
Ordinance No. 32352-012395
Resolution No. 32353-012395
Resolution No. 32355-012395
Ordinance No. 32356-012395
Resolution No. 32357-012395
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Charles M. Huffine
City Engineer
Roanoke, Virginia
Dear Mr. Huffine:
I am attaching copy of the following measures that pertain to your department:
Ordinance No. 32341-012395
Ordinance No. 32342-012395
Ordinance No. 32343-012395
Ordinance No. 32344-012395
Ordinance No. 32351-012395
Ordinance No. 32352-012395
Ordinance No. 32358-012395
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno o
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Ellen S. Evans
Construction Cost Clerk
Roanoke, Virginia
Dear Ms. Evans:
I am attaching copy of the following measures that pertain to the Engineering
Department:
Ordinance No. 32351-012395
Ordinance No. 32352-012395
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, Janual~y 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Kit B. Kiser, Director
Utilities and Operations
Roanoke, Virginia
Dear Mr. Kiser:
I am attaching copy of the following measures that pertain to your directorate:
Ordinance No. 32341-012395
Ordinance No. 32342-012395
Ordinance No. 32343-012395
Ordinance No. 32344-012395
Resolution No. 32348-012395
Ordinance No. 32351-012395
Ordinance No. 32352-012395
Ordinance No. 32356-012395
Resolution No. 32357-012395
Ordinance No. 32358-012395
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Ene.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
D. Darwin Roupe, Manager
General Services
Roanoke, Virginia
Dear Mr. Roupe:
I am attaching copy of the following measures that pertain to your department:
Ordinance No. 323§1-01239§
Ordinance No. 32352-01239§
Ordinance No. 32358-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of the following measures that pertain to your department:
Ordinance No. 32341-012395
Ordinance No. 32342-012395
Ordinance No. 32343-012395
Ordinance No. 32344-012395
Budget Ordinance No. 32346-012395
Resolution No. 32347-012395
Resolution No. 32348-012395
Resolution No. 32349-012395
Budget Ordinance No. 32350-012395
Ordinance No. 32351-012395
Ordinance No. 32352-012395
Resolution No. 32353-012395
Resolution No. 32355-012395
Ordinance No. 32356-012395
Resolution No. 32357-012395
Ordinance No. 32358-012395
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke. Virginia
January 26, 1995
George C. Snead, Jr., Director
Public Safety
Roanoke, Virginia
Dear Mr. Snead:
I am attaching copy of the following measures that pertain to your directorate:
Resolution No. 32348-012395
Resolution No. 32349-012395
Ordinance No. 32356-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Glenn D. Radcliffe, Director
Human Development
Roanoke, Virginia
Dear Mr. Radcliffe:
I am attaching copy of the following measures that pertain to your directorate:
Resolution No. 32348-012395
Resolution No. 32349-012395
Ordinance No. 32356-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eric.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
William F. Clark, Director
Public Works
Roanoke, Virginia
Dear Mr. Clark:
I am attaching copy of the following measures that pertain to your directorate:
Ordinance No. 32341-012395
Ordinance No. 32342-012395
Ordinance No. 32343-012395
Ordinance No. 32344-012395
Resolution No. 32348-012395
Budget Ordinance No. 32350-012395
Ordinance No. 32351-012395
Ordinance No. 32352-012395
Resolution No. 32353-012395
Ordinance No. 32356-012395
Ordinance No. 32358-012395
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Sarah E. Fitton
Engineering Coordinator
Roanoke, Virginia
Dear Ms. Fitton:
I am attaching copy of the following measures that pertain to the Engineering
Department:
Budget Ordinance No. 32359-012395
Ordinance No. 32360-012395
Budget Ordinance No. 32361-012395
Ordinance No. 32362-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Ene.
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Willard N. Claytor
Director of Real Estate Valuation
Roanoke, Virginia
Dear Mr. Claytor:
I am attaching copy of the following measures that pertain to your department:
Ordinance No. 32341-012395
Ordinance No. 32342-012395
Ordinance No. 32343-012395
Ordinance No. 32344-012395
Resolution No. 32348-012395
Budget Ordinance No. 32350-012395
Ordinance No. 32356-012395
Ordinance No. 32358-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Ene.
pc: Kathy Brickey, Appraiser Aide, Real Estate Valuation
City Clerk's Office
City of Roanoke, Virginia
January 26, 1995
Robert H. Bird
Municipal Auditor
Roanoke, Virginia
Dear Mr. Bird:
I am attaching copy of the following measures that pertain to your department:
Resolution No. 32348-012395
Ordinance No. 32356-012395
The abovereferenced measures were adopted by the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
If you have questions, please do not hesitate to call me.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Ene.
DAVID A. BOWERS
Mayor
CITY OF ROANOKE
OFFICE OF THE MAYOR
215 Church Avenue, S.W., Room 452
Roanoke, Virginia 24011 - 1594
Telephone: (703) 981-2444
January 23, 1995
The Honorable Vice-Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
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,
David A. Bowers
Mayor
DAB: se
CITY OF ROANOKE
OFFICE OF CITYATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE. VIRGINIA 24011-1595
WILBURN C. DIBLING, JR.
January 23, 1995
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
~III~M X PARSONS
STEVEN J. TALEVI
KA'I~LEEN MARIE KRONAU
GLADYS L YATES
Re: (1) Business license tax for fortuneteller
.(2) Ownership of wall
Dear Mayor Bowers and Council Members:
During the January 9, 1995 Council meeting, Mrs. Lola R.
Reynolds-Lee addressed Council with two concerns. First, she
questioned whether the City of Roanoke has the authority to impose
upon fortunetellers a license tax of $1,200.00 per year. Second,
she sought assistance in determining whether the City claims any
interest in a wall located at or near the intersection of Patterson
Avenue and 9th Street.
In answer to her first question, it is my opinion that a
$1,200.00 license tax upon fortunetellers is authorized by State
law. Section 58.1-3726 of the Code of Virginia (1950), as amended
("State Code"), does provide that no license tax on fortunetellers
shall exceed $1,000.00 per year. However, S58.1-3706(B) of the
State Code allows localities which had a higher license tax rate as
of January 1, 1978 to maintain that higher rate. As of January
1978, the City's license tax for fortunetellers was $1,500.00. See
Title 6, Chapter 8, Section 70, of the Code of the City of Roanoke
(1956), as amended. By Ordinance No. 24837, adopted on September
17, 1979, and effective January 1, 1980, the City amended its code
to provide a $1,200.00 license tax on fortunetellers. See Section
19-74 of the Code of the City of Roanoke (1979), as amended ("City
Code"). Therefore, the City's current license tax for
fortunetellers in the amount of $1,200.00 is authorized by State
law.
On January 18, 1995, I met with Mrs. Reynolds-Lee to discuss
this issue. At that meeting, she raised another issue. Mrs.
Reynolds-Lee claims she is not a fortuneteller, instead, she is a
palm reader. It is my opinion that a palm reader is included in
the definition of a fortuneteller as that term is used in S19-74 of
the City Code. Section 19-74 of the City Code provides that the
term fortuneteller is defined by the Guidelines issued by the
Department of Taxation, Commonwealth of Virginia. These Guidelines
provide that a "fortuneteller" includes a practitioner of palmistry.
The Honorable Mayor and Members
of City Council
January 23, 1995
After receiving my explanation of these matters, Mrs. Reynolds-Lee
expressed her opinion that the City's license tax of $1,200.00 is
too high and should be reduced. She may continue to advocate
reduction of this tax.
With regard to the second issue presented by Mrs. Reynolds-
Lee, I have issued a letter to Mrs. Reynolds-Lee stating that the
City makes no claim in ownership to this wall. The wall was built
by either Mrs. Reynolds-Lee or a previous owner of the property
commonly known as 902 Patterson Avenue, $.W. The wall benefits 902
Patterson Avenue, S.W. Therefore, the City has no claim to the
wall. This should assist Mrs. Reynolds-Lee in obtaining
compensation from her insurance carrier for damage done to the
wall.
I will be happy to answer any additional questions you may
have on these matters.
With kindest personal regards, I am
Sincere l~y y.,g~..~
City Attorney
WCDj/GLY:sm
CC:
Mrs. Lola R. Reynolds-Lee
W. Robert Herbert, City Manager
Honorable Marsha Compton Fielder, Commissioner of the Revenue
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAK1N
Deputy City Cle k
January 24, 1995
File #15-32-110
Mr. Howard W. Childress, Sr.
5450 Cove Road, N. W.
Roanoke, Vil'ginia 24019
Dear Mr. Childress:
Your communication tendering your resignation as a member of the Building
Maintenance Code of Appeals Board, was before the Council of the City of Roanoke
at a regular meeting held on Monday, January 23, 1995.
On motion, duly seconded and adopted, the communication was received and filed and
your resignation was accepted with regret.
The Members of City Council requested that I express sincere appreciation for your
willingness to serve the City of Roanoke as a member of the Building Maintenance
Code of Appeals Board. Please find enclosed a Certificate of Appreciation and an
aerialview photograph of the Roanoke Valley issued by the Mayor on behalf of the
Members of the Roanoke City Council.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
gnc o
pc:
Stanley G. Breakell, Chairperson, Building Maintenance Code of Appeals
Board, 2314 Patterson Avenue, S. W., Roanoke, Virginia 24016
Patti C. Hanes, Secretary, Building Maintenance Code of Appeals Board
December 31, 1994
Mr. Stanley G. Breakell, Chairman
Building Maintenance Code of Appeals
2314 Patterson Avenue S.W.
Roanoke, Virginia 24016
Board, Volume II
Dear Stan:
I spoke with Patti C. Hanes, Secretary to the Board, on November
28, 1994 and expressed my concerns about missing so many Board
meetings in 1994. I told her that I would be forwarding a letter
of resignation from my current Board position.
As you are aware, my work schedule has been such this year that I
have been traveling more than usual. Unfortunately, the
scheduled Board meetings seem to constantly conflict with my
previously scheduled work load.
Although my current term does not explre~ntil November 10, 1995,
this letter serves as written notification that I am resigning as
Vice Chairman of the Building Maintenance Code of Appeals Board.
I hope that my remaining term will be filled as soon as possible.
I have enjoyed serving on the Board and working with you and the
other Board members.
Sincerely,
Howard W. Childress, Sr.
January 23, 1995
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Council Members:
This is to request an opportunity to meet with Council in
Executive Session to discuss the disposition of publicly held
property, specifically conveyance of a small portion of a parcel
devoted to public use for access purposes, in accordance with
Section 2.1-344 (A)(3) of the Code of Virginia (1950), as
amended.
Respectfully,
W. Robert Herbert
City Manager
WRH:WFC:pr
cc:
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
William F. Clark, Director of Public Works
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
January 24, 1995
SANDRA H. EAKIN
Deputy City Clerk
File #15-110-304
Thomas H. Miller, Chairperson
Youth Services Citizen Board
3429 Windsor Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Miller:
This is to advise you that Sherman A. Holland has qualified as a member of the Youth
Services Citizen Board for a term ending May 31, 1996.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc: Marion Vaughn-Howard, Youth Planner
Oath or Affirmation of Office
Commonwealth of Virginia, City of Roanoke, to-wit:
I, Sherman A. Holland, do solemnly swear (or affirm) that I will support the Constitution
of the United States, and the Constitution of the Commonwealth of Virginia, and that I will
faithfully and impartially discharge and perform all the duties incumbent upon me as a member
of the Youth Services Citizen Board for a term ending May 31, 1996, according to the best
of my ability. So help me God.
Subscribed and sworn to before me this~__¢--" day of 3~/v.,, , 199~.~
AR2B. CRUSH, III, CLERK
,DEPUTY CLERK
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #53-60-467-472
The Reverend C. Nelson Harris, Chairperson
Roanoke City School Board
2813 Edgewood Street, S. W.
Roanoke, Virginia 24015
Dear Reverend Harris:
I am enclosing copy of Resolution No. 32347-012395 authorizing the School Board for
the City of Roanoke to expend out of the City's capital projects fund up to
.$64,721.00 for the cost of installation of computer networks in the six middle schools
in the City, and declaring the City's intent to borrow to fund or reimburse such
expenditures. Resolution No. 32347-012395 was adopted by the Council of the City
of Roanoke at a regular meeting held on Monday, January 23, 1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
gnc.
pc:
E. Wayne Harris, Superintendent of Roanoke City Public Schools
Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City
Public Schools
June S. Nolley, Clerk of the Roanoke City School Board
Wilburn C. Dibling, Jr., City Attorney
William X Parsons, Assistant City Attorney
IN TH~COUNCILFORTHECITY OF ROANOKE, VIRGINIA
The 23rd day of January, 1995.
No. 32347-012395.
A RESOLUTION authorizing the School Board for the City of Roanoke to expend funds for
installation of computer networks in the six middle schools in the City and declaring the City's intent
to borrow to fund or reimburse such expenditures.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The School Board of the City of Roanoke is authorized to expend out of the City*s
capital projects fund up to $64,721.00 for the cost of installation of computer networks in the six
middle schools in the City.
2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the
City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be
incurred by the City. The maximum principal amount of debt expected to be issued for the project
is $64,721.00.
3. This is a declaration of ofllcial intent under Treasury Regulation §1.150.2.
4. The City Clerk is directed to make a copy of this resolution available for public
inspection at the City Clerk's Office, 456 Municipal Building, Roanoke, Virginia 24011, within thirty
(30) days fi.om the date hereof until the date of issuance of the debt fi.om the proceeds of which the
expenditures for the project are to be reimbursed.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32346-012395.
VIRGINIA
AN ORDINANCE to amend and reordain certain sections of the
1994-95 Capital Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1994-95 Capital Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
Education
Computer Network (1)
Capital Improvement ...............................
Reserve
Public Improvement Bonds-Series 1996 (2) ...........
1) Appropriated
from Bond
Funds (008-060-6083-9001) $ 64,721
2) Schools (008-052-9701-9182) (64,721)
$ 10,590,683
253,396
2,124,004
(1,282,344)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
January 23, 1995
TO=
FROM~
8UBJECT~
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
School Board Request for the Appropriation of Bond
Proceeds
I have reviewed the attached request to appropriate
funding for the School Board. This report requests the
appropriation of $64,721 from the 1996 anticipated bond issue
proceeds. The proceeds will be used for the installation of
computer networks in the six middle schools. Internal Revenue
Service regulations (Section 1.150-2) require that the City declare
its intent to reimburse itself from the proceeds of its general
obligation bonds authorized pursuant to Ordinance 32131-080894,
adopted by City Council on August 8, 1994. A resolution of this
type is attached to this report.
I recommend that you concur with this request of the
School Board.
JDG:vkb
Dire~0r of Finance
'~0 C. Nelson Harris, Chairman
Marilyn L. Curtis, Vice Chairman
Charles W. Day
oke--
City .School Board
Marsha W. Ellison
Finn D. Pincus
Clubert G. Poff
John H. Saunders
E. Wayne Harris, Superintendent
June S. Nolley, Clerk of the Board
P.O. Box13145, Roanoke, Virginia 24031 o 703-981-2381 * Fax: 703-981-2951
January I 1, 1995
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 January 10, 1995 meeting, the Board
respectfully requests City Council to appropriate $64,721.00 in 1995 bond issue proceeds to
provide funds for the installation of computer networks in the six middle schools.
re
Sincerely,
une~S. Nolley, CPS~~
Clerk of the Board
Rev. C. Nelson Harris
Mr. E. Wayne Harris
Mr. Richard L. Kelley
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy
Mr. W. Kobert Herbert
,,~,. Wilbum C. Dibling
· James D. Grisso
YMrs. Ila Farfiss (with accounting details)
Excellence in Education
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Middle School Computer Network
6083
008-060-6083-6896-0826
Appropriation Unit ZMY
Computer Network $
008-060-6083-6896-9001
Bond Issue Proceeds
$ ~
The appropriation of 1995 bond issue proceeds will provide funds for the installation of computer
networks in the six middle schools.
January 10, 1995
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S,W,~ Room 456
Roanoke~ Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #110-200-246-379
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a communication from Wayne G. Strickland, Executive
Director, Fifth Planning District Commission, requesting the appointment of three
City representatives to serve on a Steering Committee for development of an Open
Space Plan for the Roanoke Valley, which communication was before the Council of
the City of Roanoke at a regular meeting held on Monday, January 23, 1995.
On motion, duly seconded and adopted, the matter was referred to you for report
and recommendation to Council.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eric.
pc: Wayne G. Strickland, Executive Director, Fifth Planning District Commission,
P. O. Box 2569, Roanoke, Virginia 24010
FIFTH
PLANNING DISTRICT COMMISSION
313 Luck Avenue, SW
Post Office Box 2569
Roanoke, Virginia 24010
(703)343-4417 · fax (703)343-4416
Mayor David A. Bowers
City of Roanoke
215 Church Avenue, SW
Roanoke, Virginia 24011
January 18,1995
RECEIVED
JAN 1 9 1995
MAYOR'S OFFICE
Dear Mayor Bowers:
The Fifth Planning District Commission, in cooperation with the planning staffs of
Roanoke City, Roanoke County, Salem, and Vinton, is preparing an Open Space Plan for
the Roanoke Valley. As you may know, local citizens have shown a great interest in
greenways in recent months. The timing of this grassroots advocacy coincides with the
timing of our open space planning process, giving us an ideal opportunity to involve the
public in this type of planning before their momentum fades. Open space planning in any
community should be an on-going effort and we hope to be involved with such local
efforts in the coming years. However, in setting a June 30, 1995 deadline for our plan,
we hope to respond to priority needs while building the groundwork for future open space
planning.
My purpose in writing to you today is to ask you to appoint three representatives
to a Steering Committee, which will work with staff in preparing the Open Space Plan by
June 30. The results of the planning process will help decide how (and if) the Steering
Committee evolves after July 1. In selecting your representatives, it is suggested that you
appoint at least one person from your Planning Commission. If you are interested in
involving any of the citizens that are already advocating greenways, your Planning
Director should be able to give you some names.
We see the Steering Committee as a key factor in the success of this effort. Staff
members are now preparing an inventory of public land; semi-public open spaces; and
rivers, creeks, and reservoirs. The PDC will be using its GIS (computerized mapping) to
map the locations of the elements of the inventory. This inventory will be given to the
Steering Committee, which will use it to identify opportunities for open space uses and
linkages between uses. The Steering Committee can solicit additional public input as
needed and recommend further action.
Serving Alleghany County, Botetourt County, Clifton Forge, Covington, Craig County,
Roanoke City, Roanoke County, Salem, and the Town of Vinton
Page 2
Please let me know who you appoint to the Steering Committee by February 15,
1995. We hope to call the first meeting of that group shortly thereafter. The Fifth
Planning District Commission appreciates your assistance in this effort.
Sincerely,
Executive Director
cc: Mr. W. Robert Herbert, Roanoke City Manager
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of January, 1995.
No. 32348-012395.
A RESOLUTION fixing the date of a Special Meeting of the
Council of the City of Roanoke.
BE IT RESOLVED by the Council of the City of Roanoke that a
Special Meeting of the Council shall be held at 8:30 a.m. on
February 18, 1995, in the Conference Room adjacent to the
administrative offices at Roanoke Regional Airport, for the purpose
of reviewing financial data and trends to develop a better
understanding of the City's financial condition and identify
financial challenges facing the City in the near future.
ATTEST:
City Clerk.
Offic~f the Cit~ M~r~a~er
January 23, 1995
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
Subject: Special Meeting of City Council on February 18, 1995
I request that City Council call a special meeting on Saturday, February 18, 1995, beginning at
8:30 a.m. in the Conference Room adjacent to the administrative offices of the Roanoke Regional
Airport. The purpose of the meeting is a work session to review current and previous financial data and
trends in order to (1) develop a better understanding of Roanoke City government's financial condition
and (2) identify some of the financial challenges the City faces in the near future.
Dress is casual on February 18th. I look forward to an effective work session.
Respectfully Submitted,
W. Robert Herbert
City Manager
CC:
Assistant City Manager
Budget Administrator
City Attorney
City Clerk
Deputy Director of Finance
Director of Finance
Director of Human Development
Director of Real Estate Valuation
Director of Public Safety
Director of Public Works
Director of Utilities and Operations
Manager, Management and Budget
Municipal Auditor
Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA
The 23rd day of January, 1995.
No. 32349-012395.
A RESOLUTION extending the pay benefits provided for by Resolution No. 4748 for a
certain employee of the City.
WHEREAS, Resolution No. 4748, adopted February 28, 1936, provides that police officers
and fire fighters absent from duty because of disablin8 injuries incurred in the line of duty shall suffer
no loss in compensation for s'vcty days;
WHEREAS, by Resolution No. 4748, Counc'd has voluntarily established a local benefit for
the City's Police Officers and Fire Fighters, and eligibility for such benefit is determined solely by the
terms of Resolution No. 4748, not by the Workers' Compensation Act or related law;
WHEREAS, Resolution No. 4748, requires that extension of benefits provided for by such
resolution beyond sixty days shall be only upon authority of Council; and
WHEREAS, Sgt. William Moser of the Police Department has previously been determined
eligible for such benefits, and by Resolution No. 31853-020794 dated February 7, 1994, Council has
extended such benefits through June 30, 1994; and
WHEREAS, by t~ort of January 23, 1995, the City Manager has recommended that benefits
available to such employee be extended until February 28, 1995.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows:
1. William Moser shall be entitled to the difference between his base pay as a police
sergeant and any sums received pursuant to the Workers' Compensation Act until February 28, 1995.
2. Such employee shall under no circumstances receive payments fi.om the City, including
Workers' Compensation benefits, in excess of his regular base pay as a police officer.
3. The City Manager shall be authorized to terminate the benefits provided for by this
resolution should it be established by report of a licensed physician that said employee is able to
return to duty at a police officer's regular base pay.
ATTEST:
City Clerk.
January 23, 1995
Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: Extension of Pay Benefits
I. BACKGROUND:
Council resolution no. 474R of February 28, 1936,
established a policy for payment of a salary supplement
to injured employees in the Fire and Police Departments
for a period of sixty days. The intent of the salary
supplement was to ensure that a police officer or
firefighter will receive his full salary if an accident
occurs on the job and causes the employee to lose time
from work.
Sqt. William Moser of the City of Roanoke's Police
Department suffered a significant job related injury
on January 23, 1991 when he fell into the basement of a
vacant building through an open floor covered with
black plastic. The accident was accepted by the City
Workers' Compensation program. City Council approved
supplemental salary payments to Sgt. Moser because it
was clear he would qualify for the benefit by being
unable to work after sixty days.
II. CURRENT SITUATION:
City staff, including employees from the City
Attorney's Office, the Director of Public Safety,
Personnel Management and Risk Management have
evaluated Mr. Moser's case. Based on this evaluation,
including the facts that Mr. Moser has reached
maximum medical improvement and is unable to return
to full tim? City employment, it is anticipated that
Mr. Moser will retire on occupational disability
effective March 1, 1995.
B
Authorization to extend salary supplements needs to
be approved by City Council continuing salary
supplements until February 28, 1995.
Members of Council
Page 2
III. ISSUES~
A. Employee Morale
B. Cost
C. Compliance
IV. ALTERNATIVES:
Authorize salary supplements for Sgt. Moser to continue
until February 28, 1995.
1. Employee morale will not be affected.
Personnel Cost of the salary supplements in the
Police Department will continue to be expended
from the department's personnel account. Pay for
Workers' compensation will continue to be paid for
by the City as required by the Code of Virginia
Section 65.2-502.
3. Compliance with Resolution No. 4748.
Do not authorize Sgt. Moser's salary supplements to be
paid until February 28, 1995.
1. Employee morale will be negatively affected.
Cost will be reduced by the difference
between the amount paid through workers'
compensation, as required by the Code of Virginia,
and gross salary.
3. Compliance with Resolution No. 4748 not possible.
Members of Council
Page 3
WHR/tyh
cc:
RECOMMENDATION~
Council concur with Alternative A and authorize extension of
pay benefits until February 28, 1995.
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Assistant City Manager
Director of Finance
Director of Public Safety
Chief of Police
Risk Management Officer
IN THE COUNCIL OF THE CITY OF RO/%NOKE, VIRGINIA
The 23rd day of January, 1995.
No. 32350-012395.
AN ORDINANCE to amend and reordain certain sections of the
1994-95 General and Water 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 1994-95 General and Water Fund
Appropriations, be, and the same are hereby, amended and reordained to
read as follows, in part:
General Fund
Annrooriations
Nondepartmental $ 48,695,566
Transfers to Other Funds (1-2) ..................... 48,011,928
Contingency - General Fund (3) ..................... ( 403,137)
Public Works 21,031,417
Recycling (4-5) ........... 570,621
Parks Maintenance (7) .............................. 3,496,040
General Government 9,691,664
Real Estate Valuation (8-10) ....................... 877,483
Parks, Recreation and Cultural 4,976,487
Contributions - Cultural (11) ...................... 1,729,275
Reve~9
Ice Stor~ of 1994 (12) .............................. 244,825
Water Fund
APProPriations
Operating 2,224,338
Contractual Services (13) .......................... 25,465
Revenue
Operatin9 Supplement General Fund (14) .............. $
3,465
(1) Transfer to
School Fund
(2) Transfer to
Water Fund
(3) Contingency
(4) Overtime Wages
(5) Equipment
Rental/Lease
(6) Motor Fuels
and Lubricants
(7) Overtime Wages
(8) Other Rental
(9) Other Equipment
(10) Renovation
Construction
(11) Regional
Economic
Development
Agency
(12) Ice Storm
of 1994
(13) Fees for
Professional
Services
(14) Operating
Supplement
(001-004-9310-9530) $ 15,273
(001-004-9310-9502)
(001-002-9410-2199)
(001-052-4211-1003)
(001-052-4211-3070)
(001-052-4210-2038)
(001-052-4340-1003)
(001-023-1235-3075)
(001-023-1235-9015)
(001-023-1235-9020)
(001-002-7220-3718)
(001-020-1234-0709)
(002-056-2160-2010)
(002-020-1234-0951)
3,465
85,072
3,935
26,000
204
164
8,013
27,200
27,300
48,199
244,825
3,465
3,465
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
city Clerk.
:.) 95-03~,
Honorable Mayor and Members of City Council
Roanoke, Virginia
Subject: Ice Storm of February 8, 1994
Dear Members of Council:
I. Background on the subject in chronological order is as follows:
Governor Allen declared a state of emergency to exist in the Commonwealth as a
result of the ice storm of February 8, 1994. Subsequently, a Presidential
Declaration for public assistance only was received for the State of Virginia.
On April 25, 1994, City Council passed resolution number 31957-042594,
granting authority to apply for disaster relief and to designate an applicant's agent.
City's cost relative to the February ice storm was initially estimated at $550.000.
which included an approximate $350,000 for Roanoke City Schools. Some of
these expenses were covered by insurance (School damages) and others were not
eligible for reimbursement.
Categories eligible for reimbursement included emergency measures, overtime,
debris removal and permanent damage to buildings and streets.
On June 9, 1994, the City of Roanoke received $6,930 from the Commonwealth of
Virginia, Department of Emergency Services, for payment for repairs to Carvins
Cove Fishing Pier. This funding was placed in the Water Fund and can
be appropriated whenever repairs are performed.
Current Situation is as follows:
On December 5, 1994, the Commonwealth of Virginia, Department of
Emergency Services, notified the applicant's agent that the project application for
the remaining City of Roanoke disaster costs was approved for claimed eligible
costs incurred as a result of the ice storm, occurring February 8, 1994. Payment
totaling $244,825 was also wire-transferred to the City on that date.
The subgrant approval provides assistance totaling $244,825 (99% of eligible
costs), including $5,830 for subgrantee administrative costs. The amount was
based on the Damage Survey Reports which were approved by the Federal
Emergency Management Agency (FEMA) and the State Department of
Emergency Services.
A total of two projects were included in the subgrant including (A.)
funding for ice storm debris removal and (B.) ice and snow
removal/emergency operations.
Seven additional Damage Survey Reports, totaling $107,118, for School
building repairs have been suspended pending notification by the School
Administration of the amount of insurance coverage. School officials are
working to obtain notification of insurance coverage. Once this
information is known, the remaining damage survey reports can be settled.
Since the majority of clean-up and repair operations were completed prior to the
end of fiscal year 1993-94, this payment is a reimbursement of costs incurred, and
can now be used to fund current operating needs.
Operating needs identified for use of this funding reimbursement include:
School share of disaster funding ($15.273) - Includes costs incurred by the
Roanoke City Schools for debris removal and other cleanup from the ice
storm.
Water Fund costs incurred ($3.465) - Includes costs incurred by the Water
Department for clearing of fire trails around Carvins Cove as a result of the
ice storm.
Reimbursement to City operating departments for costs of storm cleanup
incurred this fiscal year ($30,303) - The departments of Solid Waste
Management, Recycling and Parks & Grounds Maintenance incurred costs
related to the February ice storm cleanup during the current fiscal year.
These costs included rental of equipment (tub grinder, $26,000), fuel costs
($204) and personnel costs ($4,099) for operation of the equipment. Funds
were not budgeted in the current year accounts to pay for these costs.
Funding for office renovations/rental for the Office of Real Estate
Valuation ($62,513) - Provides for the renovation of existing office space
in the Municipal Building, furniture and equipment, and office rental for the
residential assessment team. Renovation costs for the existing office space
is anticipated to be $27,300. In addition, office space will be leased for the
residential assessment team at a rental cost of $2,003.29 per month. Office
rental for the months of March through June will cost $8,013.16.
Furnishings and equipment for both locations will be $27,200.
Funding for the Regional Economic Development Partnership
($48,199) - The Roanoke Valley Economic Development Partnership
requested $144,596 ($1.50 per capita) in funding from the City of Roanoke
for FY 1994-95. In the General Fund operating budget a funding
allocation of $96,397 ($1.00 per capita) was approved. The remaining
$48,199 requested was not funded with the understanding that funds would
be identified and appropriated during the current fiscal year.
Increase in General Fund Contingency ($85,072)- The balance
remaining can be placed in the General Fund Contingency account and will
be available for unforeseen operating needs. The new balance in that
account will be $326,863.
Issues in order of importance are as follows:
A. Funding
B. Operating Needs of Departments
IV. Alternatives in order of feasibility are as follows:
Appropriate funding in the amount of $244,825 into operating accounts and
authorize the Director of Finance to increase the revenue estimate for account
001-020-1234-0709, Ice Storm of 1994.
Funding in the amount of $244,825 has already been received from the
Virginia Department of Emergency Services and can be used to fund
operating needs in other departments.
Operating needs of departments have been identified and need to be
funded at this time.
Do not appropriate fimding in the amount of $244,825 into operating accounts and
do not authorize the Director of Finance to increase the revenue estimate for
account 001-020-1234-0709, Ice Storm of 1994.
Funding has already been received from the Virginia Department of
Emergency Services and will remain in revenue account
001-020-1234-0709.
2. Operating needs of departments will still exist and another funding source
will have to be identified.
Vo
Recommendation is that City Council concur in Alternative A and appropriate
funding in the accounts listed below for operating needs and authorize the Director of
Finance to increase the revenue estimate for account 001-020-1234-0709, Ice Storm of
1994. Appropriate $3,465 to Water Fund expenditure account 002-056-2160-2010 and
increase the revenue estimate in Water Fund account 002-020-1234-0951.
Transfer to School Fund
001-004-9310-9530
Transfer to Water Fund
001-004-9310-9502
$15,273
3,465
Recycling
001-052-4211-1003 3,935
001-052-4211-3070 26,000
Solid WasteManagemem
001-052-4210-2038
Parks and GroundsMaintenance
001-052-4340-1003
Office of Refl EaSe Vflu~ion
001-023-1235-3075
001-023-1235-9015
001-023-1235-9020
Re~onal Economic Development Agency
001-002-7220-3718
204
164
8,013
27,200
27,300
48,199
Contingency
001-002-9410-2199
Total
85~072
$244,825
Respectfully Submitted,
W. Robert Herbert
City Manager
Diane S. Akers, Budget Administrator
William F. Clark, Director of Public Works
Will Claytor, Director of Real Estate Valuation
John Coates, Manager, Parks and Grounds Maintenance
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
E. Wayne Harris, Superintendent, Roanoke City Schools
James A. McClung, Manager, Solid Waste Management
William Murray, Business Services, Roanoke City Schools
M. Craig Sluss, Manager, Water Department
MARY F. PARKER. CMC/AAE
Cit~, Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deput? City Clerk
January 24, 1995
File #468-514
Allen M. Hamblen, President
H. Hamner Gay & Co., Inc.
P. O. Box 11908
Lynchburg, Virginia 24506
Dear Mr. Hamblen:
I am enclosing copy of Ordinance No. 32351-012395 approving the City Manager's
issuance of Change Order No. 2 to the City's contract with H. Hamner Gay and Co.,
Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract
B-l, in the credit amount of $47,413.56, for a total contract amount, including
Change Order No. 2, of $2,879,823.44. Ordinance No. 32351-012395 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA,
The 23rd day of January, 1995.
No. 32351-012395.
AN ORDINANCE approving the City Manager's issuance of Change Order No. 2 to the
City's conWact with H. Hamner Gay & Company, Inc., in connection with Carvins Cove Filter Plant
Improvements - Phase II, Contract B-1; and providing for an emergency.
BE IT ORDklNED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is authorized and empowered to
issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 2
to the City's contta~ with H. Hamner Gay & Company, in connection with Carvins Cove Filter Plant
Improvements - Phase II, Contract B-1.
2. Such Change Order shall provide for the following changes in the work to be
performed:
ORIGINAL CONTRACT AMOUNT $ 2,924,017.00
CHANGE ORDER NO. 1: 3,220.00
CHANGE ORDER NO. 2:
Boring or tunneling to install
the water main was not necessary.
The contractor was allowed to install
both of these crossings by open
cut excavation.
$ (47,413.56)
CONTRACT AMOUNT INCLUDING CHANGE ORDER NO.2 $ 2,879,823.44
ADDITIONAL TIME REQUIRED FOR CHANGE ORDER NONE
3. In order to provide for the usual daily operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Roano,ke, Virginia
Janizary ~ 1995
95-108
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of City Council:
RE: CARVINS COVE PHASE II
CONTRACT B-1 (CREDIT)
Backqround on the subject in chronological order is as
follows:
Acceptance of a bid submitted by H. Hamner Gay &
Company, Inc. for Carvins Cove Phase II, Contract
B-l, was made by City Council on September 13,
1993.
Work was started on the project as of October 7,
1993.
The project is nearinq completion. Ail work is
expected to be complete by the end of January.
II. Current situation is as follows:
The project extends a water main from Florist Road
near Orlando Street southward to the Hollins Road
crossing of the railroad near Old Mountain Road.
The proposed water main crossed Hershberqer Road
and Williamson Road. The original plan called for
both of these crossings to be installed by boring
or tunneling. The contractor was allowed to
install both of these crossings by open cut
excavation because of the presence of other
utilities and rock. After the work was completed
the contractor requested payment for these
crossings at the bid price for a bored crossing.
This request was denied because the cost of open
cut excavation is significantly lower than the
cost to bore or tunnel.
Honorable Mayor and Members of City Council
Carvins Cove Phase II
Contract B-1
January 23, 1995
Page 2
Co
The contractor has made several proposals for
additional compensation alleging extra work was
required to install the subject water crossings
due to high traffic volumes, time constraints and
the presence of existing utilities. All proposals
have been rejected because of excessive costs.
The contractor's current request for additional
compensation is based upon actual costs and is
considered fair and full compensation for all work
involved.
The actual Cost of labor, equipment and materials
for the two crossings has been submitted by the
contractor and reviewed by staff. The proposed
Change Order No. 2 is a net credit in the amount
of $47,413.56 calculated as follows:
Additions:
35 LF 36" Water Main @ $120.00/lf
83 LF 24" Water Main @ $73.00/lf
Extra labor, equipment, materials
$ 4,200.00
6,059.00
23,180.44
$33,439.44
Credits:
35 LF Tunnel @ $1,205.00/lf
83 LF Steel Encasement @ $466.00/lf
($42,175.00)
(38,678.00)
($80,853.00)
Net Credit
($47,413.56)
Do
The current.financial status of
follows:
1. Original contract amount
2. Change Order No. 1
3. Proposed Change Order No. 2
4. New Contract amount
the contract is as
$2,924,017.00
$ 3,220.00
$ (47,413.56)
$2,879,823.44
Honorable Mayor and Members of City Council
Carvins Cove Phase II
Contract B-1
January 23, 1995
Page 3
III .
Issues in order of importance are as follows:
A. Funds
B. Cost
C. Legal
IV.
Alternatives in order of feasibility are as follows:
no
Approve Change Order No. 2
Hamner Gay & Company, Inc.,
of $47,413.56.
to the contract with
in the credit amount
Funds will be returned to the project
contingency.
Cost of the project will be decreased. The
cost of the changes is fair and reflects
current market conditions.
Le a__~l concerns regarding potential claim by
the contractor are eliminated.
Do not approve Change Order No.
H. Hamner Gay & Company, Inc.,
$47,413.56.
2 to the contract with
in the credit amount of
1. Funds remain available in the project.
2. Cost of the project will be unchanged.
Legal concerns regarding potential claim by the
contractor are increased.
Vo
Recommendation is that City Council concur in
Alternative A, and thereby authorize the execution of
Change Order No. 2, in a form acceptable to the
City Attorney, to the contract with H. Hamner Gay &
Company, Inc. in the credit amount of $47,413.56 and
-0- additional calendar days of contract time.
Honorable Mayor and Members of
Carvins Cove Phase II
Contract B-1
January 23, 1995
Page 4
City Council
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/PCS/fm
cc: City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities & Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts.and Fixed Assets
Budget Administrator
MARY F. PARKER, CMC/AAE
Cit) Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W,, Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #468-514
Allen M. Hamblen, President
H. Hamner Gay & Co., Inc.
P. O. Box 11908
Lynchburg, Virginia 24506
Dear Mr. Hamblen:
I am enclosing copy of Ordinance No. 32352-012395 approving the City Manager's
issuance of Change Order No. 3 to the City's contract with H. Hamner Gay and Co.,
Inc., in connection with Carvins Cove Filter Plant Improvements - Phase II, Contract
C-2, in the amount of $18,685.00, for a total contract amount, including Change
Order No. 3, of $2,348,943.18. Ordinance No. 32352-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINI&
The 23rd day of January, 1995.
No. 32352-012395.
AN ORDINANCE approving the City Manager's issuance of Change Order No. 3 to the
i ' '
C tys contract vath H. Hamner Gay & Company, Inc., in connection with Carvins Cove Filter Plant
Improvements - Phase II, Contract C-2; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is authorized and empowered to
issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 3
to the City's contract with H. Hamner Gay & Company, in connection with Carvins Cove Filter Plant
Improvements - Phase II, Contract C-2.
2.
performed:
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER NO. 1:
CHANGE ORDER NO. 2:
CHANGE ORDER NO. 3:
Install fencing around the tank area
and a drain line for the tank; and paving
the McDaniel driveway.
Such Change Order shall provide for the following changes in the work to be
$ 2,334,535.00
6,973.18
(H,250.00)
$ 18,685.00
CONTRACT AMOUNT INCLUDING CHANGE ORDER NO.3 $ 2,348,943.18
ADDITIONAL TIME REQUIRED FOR CHANGE ORDER NONE
3. In order to provide for the usual dally operation of the municipal government, an
emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: CARVINS COVE PHASE II
CONTRACT C-2 CHAIqGE ORDER NO. 3
~J~nuary 23, 1995
Report No. 95-103
Background on the subject in chronological order is as
follows:
Acceptance of a bid submitted by H. Hamner Gay &
Company, Inc. for Carvins Cove Phase II, Contract C-2.
was made by City Council on June 28, 1993.
B. Work was started on the project as of August 12, 1993.
C. The project is nearing completion. Ail work is
expected to be complete by the end of January.
II. Current situation is as follows:
The project extends a water main from 13th Street at
the Roanoke River along Riverland Road to the general
vicinity of Walnut Ave. The contract also includes two
water storage tanks and a pump station.
Two items of work related to the ground storage water
tank were omitted from the original bid. These items
are fencing around the tank area and a drain line for
the tank. Both of these work items have been
authorized to avoid delay claims or additional mobili-
zation costs. The value of the fencing is $6,500.00
and the drain line is $1,500.00.
The Project Manager agreed to pave a driveway for
Douglas W. McDaniel, Sr. and Patricia L. McDaniel as
full compensation for a water easement on the same
.property. The subject water easement is approximately
2,000 feet long. The water easement followed the
McDaniel driveway for approximately 1,300 feet. This
area would require in kind restoration. The total
length of the driveway is approximately 1,600 feet.
This paving was omitted from the original bid
documents. The cost of the required paving is
$10,685.00. Change Order No. 3 in the amount of
$18,685.00 will pay the cost of the paving and the two
items in Paragraph B.
Honorable Mayor and Members of City Council
CARVINS COVE P~ASE II
CONTRACT C-2 CHANGE ORDER NO. 3
January 23, 1995
Page 2
Do
Financial status is as follows:
Original contract amount
Change Order No. 1
Change Order No. 2
Proposed Change Order No. 3
New Contract Amount
$2,334,535.00
$ 6,973.18
($ 11,250.00)
$ 18,685.00
$2,348,943.18
III .
Issues in order of
A. Funds
B. Cost
importance are as
follows:
IV. Alternatives in order of feasibility are as follows:
Approve Change Order No. 3 to the contract with H.
Hamner Gay & Company, Inc., in the amount of
$18,685.00.
1. Funds are available in the project account
number 002-056-8372-9065.
2 o
Cost of the project will be increased. The cost of
the changes is fair and reflects current market
conditions.
Do not approve Change Order No. 3 to the contract with
H. Hamner Gay & Company, Inc., in the amount of
$18,685.00.
1. Funds remain available in the project.
2. Cost of the project will be unchanged.
Honorable Mayor and Members of City Council
CARVINS COVE PHASE II
CONTRACT C-2 CHANGE ORDER NO. 3
January 23, 1995
Page 3
V. Recommendation is as follows:
City Council concur in Alternative A, thereby authorizin~
the execution of Chanqe Order No. 3 in the amount of
$18,685.00 and -0- additional days of contract time, to the
contract with H. Hamner Gay & Company, Inc.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/PCS/fm
CC:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities & Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
MARY F. PARKER, CMC/AAE
C/tv Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S,W. Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy CJI? Clerk
January 24, 1995
File #5-27-32-184-268-354-361-472
W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
Your report recommending acceptance of the bid submitted by BFI, Inc., to provide
bulk container collection service for a period of 24 months, was before the Council
of the City of Roanoke at a regular meeting held on Monday, January 23, 1995.
On motion, duly seconded and adopted, action on the report was deferred until the
regular meeting of the Council of the City of Roanoke on Monday, February 13, 1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
MARY F, PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W, Room 456
Roanoke. Virginia 24011-1536
Telephone: (703t 981-2541
SANDRA H. EAKIN
Deputy Cit~ Clerk
January 24, 1995
File #178-236
Robert J. Adams
Deputy Director
Virginia Department of Housing and
Community Development
501 North Second Street
Richmond, Virginia 23219
Dear Mr. Adams:
I am enclosing copy of Resolution No. 32353-012395 authorizing the City Manager to
submit an application with the Virginia Department of Housing and Community
Development, in conjunction with the City of Roanoke Redevelopment and Housing
Authority, for approval of the City and/or the City of Roanoke Redevelopment and
Housing Authority as a HomeSTART program administrator through the Virginia
Housing Partnership Fund, and to execute other documentation, if the application
is approved. Resolution No. 32353-012395 was adopted by the Council of the City of
Roanoke at a regular meeting held on Monday, Janual~y 23, 1995.
Sincerely,
Sandra H. Eakin
Deputy City Clork
SHE:sm
Eno.
pc:
Neva J. Smith, Executive Director, City of Roanoke Redevelopment
and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia
24017
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32353-012395.
VIRGINIA,
A RESOLUTION authorizing the City Manager to submit an
application with the Virginia Department of Housing and Community
Development, in conjunction with the City of Roanoke Redevelopment
and Housing Authority, for approval of the City and the City of
Roanoke Redevelopment and Housing Authority as a HomeSTART program
administrator, and to execute other documentation, if the
application is approved.
WHEREAS, the Virginia Department of Housing and Community
Development (VDHCD) provides housing assistance through the
Virginia Housing Partnership Fund (VHPF);
WHEREAS, the VDHCD has allocated $8.6 million for the new
HomeSTART Program;
WHEREAS, the funds are needed for the local implementation of
the HomeSTART Program, as described in the City Manager's report
dated January 23, 1995; and
WHEREAS, the City and the City of Roanoke Redevelopment and
Housing Authority are interested in filing a Joint application with
the VDHCD to implement the program.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that:
1. The City Manager, or his designee, and the City Clerk are
authorized for and on behalf of the City to execute and attest,
respectively, and the City Manager is authorized to submit, an
application, in conjunction with the City of Roanoke Redevelopment
and Housing Authority, with the Virginia Department of Housing and
Community Development for approval of the City and/or the City of
Roanoke Redevelopment and Housing Authority as a HomeSTART program
administrator through the Virginia Housing Partnership Fund (VHPF),
as set forth in the City Manager's report dated January 23, 1995,
and as City Council was advised at the public meeting held on
January 23, 1995.
2. The City Manager, or his designee, and the City Clerk are
authorized for and on behalf of the City to execute and attest,
respectively, appropriate documents with the Virginia Department of
Housing and Community Development, approved as to form by the City
Attorney, designating the City and/or the City of Roanoke
Redevelopment and Housing Authority as a HomeSTART Program
Administrator, if approved by the Virginia Department of Housing
and Community Development, all in accordance with the
recommendations contained in the City Manager's
January 23, 1995, and as City Council was advised
meeting held on January 23, 1995.
report dated
at the public
ATTEST:
City Clerk.
95-111
Roanoke, Virginia
January 23, 1995
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
II.
SUBJECT: Application for HomeSTART Program from Virginia
Housing Partnership Fund (VHPF)
ao
Virginia Housin~ Partnership F!md (VHPF). is a fund
provided by the Virginia Department of Housing and
Community Development (DHCD) for various housing
assistance C~lVlCles.
Bo
Co
The Citv has received significant funding as a Dro~r~LL
administrator from the VHPF in recent years, including
a $250,000 allocation for the Rental Rehabilitation
Program, and $540,000 allocation for the Urban
Rehabilitation Program in 1994.
HOmeSTART is a new $8.6 million proart, of the VHPF
recently announced by DHCD to provide:
~ in 3% interest 30 year second
mortgages; and
~ in 0% interest forgivable deferred
payment loans
directly to eligible home buyers (estimated 500-600
recipients statewide) for up to 25% of the property,s
acquisition cost, thereby significantly reducing the
amount of cash needed (to as little as $500) to
purchase a home, and reducing home buyer,s monthly
house payment.
Do
HomeSTART loans will be made directly to home buyer~: by
DHCD only in areas with approved local program
administrators on a first-come, first-serve basi~
statewide. Local administrators will not receiv~
allocations or reservations for funds and no funds will
pass through local administrator accounts.
E. Proqram administrators will be responsible for local
program design, delivery and marketing.
Current Situation;
ao
City Administration wishes to submit an aDDlicatio,, to
DHCD to be approved as a HomeSTART progra~ administ'rator.
January 23, 1995
Page 2
III .
Bo
E_ndorsement of submission of an application by City
Council is required by DHCD. -
Issues:
ao
~onslstency with the policies of the City, including
the Comprehensive Housing Affordability Strategy
(C~AS) .
Bo
~ost to the City.
Administration of proqram activities;.
Timing.
IV. Alternatives:
ao
Authorize the it Mana er to submit an a lication for
a r v 1 s Hom START r ram a ini tra or to DHCD,
and ~uthorize the City Manaqer to execute aDDroDriat,-~
documents with DHCD, to be approved as to f~m ~y the
City Attorney, designating the City as a HomeSTART
program administrator, if and when approved by DHCD.
1. Consistency with the policies of the City,
including the CHAS, would be met. Priority II of
the CHAS provides for encouragement and
facilitation of new home-ownership. Since
HomeSTART funds will be disbursed on a first-come
first-serve basis statewide, it is anticipated
that local participation will result in 50-100
additional home buyers within the City.
2. C st t the i will be nothing in local funds,
and no local matching funds are required by DHCD.
3. Administration of program activities: will be
coordinated by the Housing Development Office.
To support program activities, existing private
sector resources will be utilized, as follows:
a. Home buyer counseling will be provided by
Consumer Credit Counseling Services, a non-
profit organization;
b. First mortgage loans will be provided by area
mortgage lenders; and
January 23, 1995
Page 3
4 o
co
Licensed home inspectors will provide home
inspections to ensure that homes selected
meet HomeSTART requirements.
~ is such that prompt application for
approval as local program administrator may enable
the number of HomeSTART recipients within the City
to be maximized.
Bo
Do not authorize the Cit Mana er t submit n a lication
for a r val as HomeSTART r ram admini trator to DHCD.
1. ~onsistency with the Dolicie~ of the City would
not be met due to the loss o~ significant
resources that encourage new home-ownership.
2. ~kQ~J~would be nothing initially.
However, potential home buyers within the City
would not be able to utilize the HomeSTART funds
in the absence of an approved local administrator.
HOmeSTART funds will likely be disbursed to home
buyers in other communities across the state.
3. Administration of program activities: would not be
an issue.
Timing is such that lack of prompt application to
DHCD will reduce the number of home buyers within
the City accessing the HomeSTART funds.
Recommendation:
ApDrov~ Alternative A, authorizing ~he City Manaqer to
submit an application for approval as a HomeSTART pro~ra,,,
admini trt r to DHCD, and authorizing the City Manaqer t~',
execute appropriate doc~m~ntS with DHCD, to be approved as
to form by the City Attorney, designating the City as a
HomeSTART program administrator, if and when approved by
DHCDo
Respectfully submitted,
W. Robert Herbert
City Manager
January 23, 1995
Page 4
WRH:CBCJr(cr012395.app)
cc:
City Attorney
Director of Finance
Director of Public Works
Building Com~issioner
Housing Development Coordinator
95-307
Roanoke, Virginia
January 23, 1995
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor Bowers and Members of Council:
SUBJECT: Bids to Purchase
Vehicular Equipment,
Bid Number 94-11-52
Background on the subject in chronological order is:
A. The General Fund Capital Maintenance and EquiDment
Replacement Proqram has identified some vehicular
equipment for various City departments.
This report will address some of the needs for
vehicular equipment for Fleet Management, Building
Maintenance, Traffic Engineering, Emergency Medical
Services, Police, Waste Water Pollution Control and
Utility Line Services departments.
Contacts were made with the Roanoke City Schools
and Roanoke Redevelopment & Housing Authority.
Neither had requirements for the type of vehicles
addressed by this bid.
Specifications Were developed and along with
request for qqotations were sent to fourteen (14)
vendors currently listed on the City's bid list. A
public advertisement was also published in the
Roanoke Times and Roanoke Tribune.
Bids were received, publicly opened and read in the
Office of the Manager of General Services at 2:00
p.m. on December 9, 1994. A tabulation of the bids
received is attached.
II. Current Situation is:
All bids appropriately received, were evaluated in
a consistent manner by representatives of the
following departments:
Public Works
Utility Line Services
Fleet Management
General Services
Vehicular Equipment
Bid Number 94-11-52
Page 2
The evaluation of the bids are as follows:
Item #1 - One (1) New 15 Passenger Window Van
for Fleet Management. The lowest bid,
submitted by Magic City Motor Corporation took
exception to chrome bumpers and speakers.
These items are not substantial and are
determined to be informalities. That bid is
submitted at a cost of $19,963.00.
Item #2 - Two (2) New Cargo Vans for Waste
Water Pollution Control department. The
lowest bid submitted by Pinkerton Chevrolet -
GEO meets all specifications at a cost of
$15,604.30 per unit.
Item #3 - One (1) New Full Size 4-Door Sedan
for Fleet Management.
The lowest bid submitted by Magic City
Motor Corporation took exception to
engine. This is substantial and cannot
be waived as an informality.
The second lowest bid submitted by
Pinkerton Chevrolet-GEO meets all
specifications at a cost of $17,272.85.
Item #4 - Seven (7) New One (1) Ton Pickup
Cabs/Chassis for Utility Line Services,
Building Maintenance and Traffic Engineering
Departments. The lowest bid is submitted by
Berglund Chevrolet,Inc. meets all
specifications. Three (3) units with air
conditioning are at a cost of $15,368.38 each
and Four (4) units without air conditioning at
a cost of $14,700.23 each.
Item #5 Seven (7) New Utility Bodies to be
mounted on Item #4. The lowest bid submitted
by Roanoke Welding Company meets all
specifications at a cost of $2,376.70 per
unit.
Item #5A - One (1) New Utility Body to be
mounted on existing Cab/Chassis. The lowest
bid, submitted by Truck Body Corporation meets
all specifications at a cost of $2,030.85.
Vehicular Equipment
Bid Number 94-11-52
Page 3
III.
Item #6 - One (1) New 1/2 Ton Pickup Truck for
Utility Line Services. The lowest bid
submitted by Berglund Chevrolet, Inc. meets
all specifications at a cost of $14,892.49.
Item #7 - One (1) New Full Size Utility
Vehicle for Emergency Medical Services.
a. The lowest bid submitted by Magic City
Motor Corporation took exceptions to
seats, oil and transmission coolers and
cargo lights. These items are
substantial and cannot be waived as
informalities.
b. The second lowest bid submitted by
Pinkerton Chevrolet-GEO meets all
specifications at a cost of 323,616.07.
Item #8 - One (1) New Full Size Utility
Vehicle for the Police Department.
a. The lowest bid submitted by Magic City
Motor Corporation took exceptions to
heavy duty battery, transmission and oil
coolers, cargo lights and side molding.
These items are substantial and cannot be
waived as informalities.
b. The second lowest bid submitted by
Pinkerton Chevrolet-GEO meets all
specifications at a cost of $20~485.31.
10. Item #9 One (1) New 8 Passenger Van for
Social Services Department. The lowest bid,
submitted by Magic City Motor Corporation
meets all specifications at a cost of
~17,083.00.
Issues in order of importance are:
1. Need
Compliance with Specifications
Funding
Vehicular Equipment
Bid Number 94-11-52
Page 4
IV.
Alternatives in order of Feasibility are:
City Council accept the lowest responsible bids
meeting specifications as follows:
One (1) New 15 passenger Van from Magic City
Motor Corporation for the cost of $19~963.00.
2. Two (2) New Cargo Vans from Pinkerton
Chevrolet-GEO for the cost of $15~604.30 per
unit.
3. One (1) New Full Size 4-Door Sedan from
Pinkerton Chevrolet-GEO for the cost of
$17,272.85.
Seven (7) New One Ton Pickup Trucks from
Berglund Chevrolet, Inc. for the cost of Three
(3) Units at $15t368.38 per unit and Four (4)
units at $14~700.23 per unit.
Seven (7) New Utility Bodies to be mounted on
above pickups from Roanoke Welding Company for
the cost of $2t376.70 per unit.
One (1) New Utility Body to be mounted on
existing Cab/Chassis from Truck Body
Corporation for the cost of $2~030.85.
One (1) New 1/2 Ton Pickup Truck from Berglund
Chevrolet, Inc. for the cost of $14~892.49.
One (1) New Full Size Utility Vehicle from
Pinkerton Chevrolet-GEO for the cost of
$23~616.07.
One (1) New Full Size Utility Vehicle from
Pinkerton Chevrolet-GEO for the cost of
$20~485.31.
10. One (1) New 8 Passenger Van from Magic City
Motor Corporation for the cost of $17~083.00.
Need for the above requested equipment is
to provide essential transportation to
various departments in order to
accomplish assigned duties.
Vehicular Equipment
Bid Number 94-11-52
Page 5
Compliance with Specifications are met by
all vendors recommended in this
alternative.
Fundinq for the vehicles requested is
available in the Fleet Management
Account 017-052-2642-9010, Utility Line
Services Prior Year Retained Earnings
Account and Waste Water Pollution Control
Operating Account 003-056-3150-9010.
B. Reject all Bids
Need for the most effective continuation
of required services would not be
accomplished under this alternative.
Compliance with Specifications would not
be a factor in this alternative.
3. Fundinq designated for purchase of
requested vehicles would not be expended.
Recommendation is that City Council concur with
Alternative "A" and authorize the following:
A. Award the followinq lowest responsible bids for
vehicular equipment:
One (1) New 15 Passenqer Window Van to Magic
City Motor Corporation for the total cost of
$19,963.00.
Two (2) New Carqo Vans to Pinkerton Chevrolet-
GEO for the total cost of $31,208.60.
One (1) New Full Size 4-Door Sedan to
Pinkerton Chevrolet-GEO for the total cost of
$17~272.85.
Seven (7) New One (1) Ton Pickup Truck
Cab/Chassis from Berglund Chevrolet, Inc. for
the total cost of $104,906.06.
Seven (7) New Utility Bodies for above Pickups
from Roanoke Welding Company for the total
cost of $16,636.90.
Vehicular Equipment
Bid Number 94-11-52
Page 6
cc:
One (1) New Utility Body unmounted from Truck
Body Corporation for the total cost of
$2~030.85.
One (1) New 1/2 Ton Pickup Truck from Berglund
Chevrolet, Inc. for the total cost of
$14~892.49.
8. One (1) New Full Size Utility Vehicle from
Pinkerton Chevrolet-GEO for the total cost of
$23~616.07.
One (1) New Full Size Utility Vehicle from
Pinkerton Chevrolet-GEO for the total cost of
$20~485.31.
10.
One (1) New 8 Passenqer Van from Magic City
Motor Corporation for the total cost of
$17,083.00.
ADpropriate $83~200.21 from Utility Line Services
Prior Year Retained Earnings account to Utility
Line Services account 016-056-2625-9010. All other
Funding is available in budget operational
accounts.
C. Reject all other Bids.
Respectfully Submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Administration
Director of Public Works
Director of Human Resources
Manager, Management & Budget
Manager, General Services
City Clerk
m
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#
IN THE COUNCI~ OF THE CITY OF RO~NOEE~ VIR~N~
AN ORDINANCE to amend and reordain certain sections of the
1994-95 Utility Line Service 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 1994-95 Utility Line Service
Fund Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Capital Outlay (1) ..................................
$ 163,152
Retained Earnin=s
Retained Earnings - Unrestricted (2) ................
1,583,839
1) Vehicular
Equipment
2) Retained
Earnings -
Unrestricted
(016-056-2625-9010) $ 83,201
(016-3336) (83,201)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
A RESOLUTION accepting the bids for the purchase of vehicular equipment, upon certain
terms and conditions; and rejecting all other bids made for such items.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The bids in writing of the following named bidders to furnish to the City the items
hereinafter set out and generally described, such items being more particularly described in the City's
specifications and any alternates and in each bidder's proposal, are hereby ACCEPTED, at the
purchase price set out with each item:
It~n Quantity and Unit To~l ~
Number n~ipti~ suc~e~ful Bidd~ Price Pri~e
Om (1) n~w 15 lnzs~g~ Magic Ci'q
window van Moto~ Coq~ti~
Two (2) n~w c~go yam ~ Chewol~-OEO
O~ ( 1 ) n~w full ~iz~ 4-dooe ~n Pink.an Ch~rol~t-GEO
2
3
4
8ev~ (7) mw om to~ pickup tmek cab/
~ (3 with A/C ami 4 wilhout A/C)
S~vm (7) mw utility
o~ O) .~w utiutyl~ly
Ol~ (I) n~w 1/2 To~ pi~k up truck
Oae (1) n~w f~ll ~iz~ 4 w/d utility v~hi¢le
O~ ( 1 ) n~w full ~izo utility v~ido
Om(l)n~w 8 ~v~n
5 Roanok~ Welding C-x~lany
6 Tmek Body Coq~n~i~
7 Ber#und Chev~ol~ Inc.
8 ~ Ch~wol~-GEO
9 Pinketton Ch~,rol~-~
10 Magic City Motor Coqx~tio~l
$19,963.00 $19,963.00
$15,60430 $31,208.60
$17,272.85 $17,272.85
3~$15,368.38 $46,105.14
4~$14,700.23 $58,800.92
$ 2,376.70 $16,636.90
$ 2,030.85 $ 2,030.85
$14,892.49 $14,892.49
$23,616.07 $23,616.07
$20,485.31 $20,485.3 I
$17,083.00 $17,083.00
2. The City's Manager of General Services is hereby authorized and directed to issue any
required purchase orders for the purchase of such vehicles, and the City Manager or the Assistant
City Manager is authorized to execute, for and on behalf of the City, any required purchase
agreements with respect to the aforesaid vehicles, such agreements to be in such form as shall be
approved by the City Attorney.
3. Any and all other bids made to the City for the aforesaid items are hereby REJECTED,
and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation
for such bid.
ATTEST:
City Clerk.
January 23, 1995
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
James D. Grisso, Director of Finance
December Financial Report
This financial report covers the first six months of the FY94-95 fiscal year. The
following narrative discusses revenue and expenditure trends to date.
REVENUE
Total General Fund revenues reflect an overall increase of 8.79% over fiscal year
1994 on a year-to-date basis. Variances in specific categories of revenue are as follows:
General Property Taxes are up 2.55% over FY94. This category reflects the anticipated moderate
growth in real estate tax revenue since FY94 and increased revenue resulting from a new practice
implemented by the Commissioner of the Revenue to bill all public service corporation real estate
tax in one billing rather than in two as was previously done.
Other Local Taxes are up 6.82% over last year. Cumulative sales tax revenue through December
is up 14% over FY94. Business license tax revenue has increased due to an increased level of
business license return auditing implemented by the Commissioner of the Revenue. Motor vehicle
license taxes are $151,000 through December of FY95 compared to ¢85,000 in FY94 due to a
recently adopted ordinance allowing ticketing of Valley residents not displaying vehicle decals.
Numerous other local taxes have shown moderate increases in FY95 as well.
Permits, Fees and Licenses are up 10.17 % over last year. This is attributed to increased plumbing
inspection, building inspection and street opening fees due to new construction.
Fines and Forfeitures reflect a 23.70% increase over FY94 due to General District Court fines of
~258,000 in FY95 versus $183,000 in FY94. This increased revenue is caused by a more
aggressive collection approach encouraged by the State combined with a slight increase in caseload
and the new policy of accepting payment by credit card.
Revenue from Use of Money and Property reflects a 65.26% increase over the prior year.
Investment earnings are approximately $81,000 through the first half of FY95 versus $11,O00
through the same period of FY94 due to increased levels of investment of idle cash and expanded
instruments in which the City invests. These include commercial paper and treasury notes that
have higher yields than certificates of deposit and repurchase agreements traditionally held. The
City has also received more rent from the State for space occupied by Social Services in Municipal
North due to advanced billing in FY95,
Honorable Mayor and Members
Roanoke City Council
January 23, 1995
Page 2
Grants-in-Aid Commonwealth is up 18.60% reflecting recordation tax of approximately $157,000
received from the State in FY95 with no comparable FY94 balance. Also, FY95 reflects accrual
based revenue for rental car tax and shared expenses, rather than cash based as in FY94, causing
an increase of approximately $730,000 in the level of revenue in the current year. Timing
differences in the receipt of grant revenues have resulted in welfare grant revenues of approximately
$4,515,000 in FY95 versus $3,595,000 in FY94 and other categorical aid revenues of $4,175,000
in FY95 versus 84,041,000 in FY94.
Grants-in-Aid Federal Government is up significantly due to ice storm reimbursement of $244,825
in FY95, with none in FY94, and blizzard damage reimbursement of $56,500 in FY94, with none
in FY95.
Charges for Services are up 13.91% due to increased court fee revenue, increased EMS billings and
police fees, and accrual based weeds and demolition revenue in the current year, whereas FY94
reflected cash based revenue.
Miscellaneous Revenue reflects a large variation compared to the prior year due to an increased
amount of surplus property sold in FY95 as compared to FY94.
Internal Services revenues are up 10.55% over fiscal year 1994. This is due to increased rates for
FY95, combined with specific increases in billings by Engineering for work relating to Water and
Sewage Fund projects.
EXPENDITURES AND ENCUMBRANCES
Expenditures and encumbrances for the General Fund are up 4.79% over the last fiscal year.
Variances in specific categories are explained as follows:
General Government expenditures are up 3.64% due to increased CIS billings to various
departments, including the Department of Finance for its online payroll project and the
Commissioner of Revenue for enhancements to its personal property system and redesign of
business licensing system to make forms more thorough yet easier to complete. An increase also
occurred in the Department of Risk Management which is again fully staffed in FY95 and has
experienced increased insurance costs due to timing differences caused by changes in the terms
of insurance policies to correspond with the City's fiscal year. Public Safety expenditures also rose
due to increased contractual services for the Fire and EMS Strategic Planning Study.
Judicial Administration expenditures have increased 3.11% over FY94 due to increased CIS billings
to certain departments, capital outlay in the Sheriff's Department and the new Commonwealth's
Attorney Cost Collections Unit.
Public Works expenditures are up approximately ~430,000 or 4.12% due to an increase in the
City's annual paving contract, an overall expansion of the Recycling Department, equipment
purchase by the Communications Department, added fleet rental and maintenance costs to Parks
Maintenance, and a timing difference in the purchase of chemicals for snow removal.
Honorable Mayor and Members
Roanoke City Council
January 23, 1995
Page 3
Parks Recreation and Cultural expenditures show an increase of 2.42%. This is due to an increased
subsidy in FY95 for the Hotel Roanoke Conference Center Commission.
Community Development expenditures are up 15.18% due to a new position and the transfer of
existing positions into the Department of Planning and Community Development.
Transfers to the School Board are up 5.17%, in line with budgeted increases for FY95.
Nondepartmental expenditures show a significant increase in FY95 due to a timing difference of
transfers to the Capital Projects Fund. ($1,510,259 in FY95 and none in FY94 through December).
I would be pleased to answer any questions which City Council may have regarding
the Monthly Financial Statements.
JDG/pc
Attachments
-~~Directo~ of ¢inance
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
CONTINGENCY BALANCE
DECEMBER 31,1994
General Contingency:
Ord.
No.
32166
32173
CMT 061
32191
CMT 073
CMT 094
CMT 105
CMT 113
32304
CMT 120
Department
Contributions
Commonwealth's Attorney
Commissioner of Revenue
Transfer to Capital Projects
Office of Management and Budget
City Council
Personnel Management
City Council
Personnel Management
Personnel Management
Balance July 1, 1994
Purpose
Partnership for Urban Virginia
Personnel, Furniture and
Equipment
Furniture - DMV Office
Jail Annex
Solid Waste Collection Study
Fax Machines for Council
Members
Council Report Writing Training
Strategic Planning Workshop
Drug and Alcohol Testing for
Commercial Driver's Licenses
City Employee Pins
$ 366,911
10,000)
13,273)
3,995)
53,589)
2,000)
900)
1,656)
3,540)
33,147)
3,020)
Total Contingency Balance
241,791
Revenue Source
General Property Taxes
Other Local Taxes
Permits, Fees and Licenses
Fines and Forfeitures
Revenue from Use of Money and Property
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Miscellaneous Revenue
Internal Services
Total
CITY OF ROANOKE, VIRGINIA
GENERAL FUND
STATEMENT OF REVENUE
Year to Date for the Period
Jul 1-Dec 31 JuJ 1-Dec 31 Percentage
1993-94 1994-95 of Change
20,365,846 $ 20,884,234 2.55%
14,O22,224 14,979,032 6.82%
362,878 399,794 10.17%
330,14] 408,382 23.70%
358,O84 591,769 65.26%
9,603,502 11,389,792 18.60%
69,902 264,329 278.14%
1,163,826 1,325,717 13.91%
44,751 137,378 206.98%
797,000 881,117 10.55%
47 118 154 $ 51~261,544 8.79~%
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
56,201,000 37.16%
43,697,750 34.28%
724,500 55.18%
716,992 56.96%
1,026,600 57.64%
29,916,682 38.07%
41,0OO 644.70%
2,671,399 49.63%
287,500 47.78%
1~718;500 51.27%
137~001~B23 37.42%
Judicial Administration
Public Safety
Public Works
Health and Welfare
Parks, Recreation and
Cultural
Community Development
Transfer to Debt Service
Fund
Transfer to School Fund
Nondepartmental
Total
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
Percent of
Jul loDec 31 Jul 1-Dec 31 Percentage Unencumbered Revised Budget
1993-94 1994-95 of ChanRe Balance Appropriations Obligated
4,699,188 $ 4,870,080 3.64% $ 4,759,071 $ 9,629,161 50.58%
1,807,O75 1,863,236 3,11% 2,026,367 3,889,603 47.90%
15,738,350 15,796,058 0.37% 16,526,462 32,322,520 48.87%
1 O,436,O51 10,865,963 4,12% 10,135,151 21,001,114 51.74%
7,528,600
2,776,946
5OO,962
5,976,802
68,472,892
7,689,905 2.14% 10,979,069
2,844,108 2.42% 2,O84,180
877,030 ~5,18% 575,816
5,934,631 ( O.71%) 2,176,O34
17,785,932 6.17% 17,349,O50
. 3~523,478 67.95% 1,822,631
$ 71 750 421 4.79% $ 68~433,831
18,668,974
4,928,288
8,110,665
35,134,982
5,346~109
$ 140,184,252
41.19%
57.71%
50.05%
73.17%
50.62%
65.91%
51.18%
2
Revenue Source
State Sales Tax
Grants-in-Aid Commonwealth
Grants-in-Aid Federal Government
Charges for Services
Transfer from General Fund
Special Purpose Grants
Total
CITY OF ROANOKE, VIRGINIA
SCHOOLFUND
STATEMENT OF REVENUE
Year to Date for the Period
Jul 1-Dec 31 Jul 1-Dec 31 Percentage
1993-94 1994-95 of Chanse
2,668,329 $ 3,171,073 18.84%
1,862,363 13,787,878 16.23%
524,417 757,710 44.49%
841,450 574,308 ( 31.75%)
7.027,701 18,004,503 5.74%
4~450,624 3.969~860 { 11.03%)
37~374~884 $ 40 255 332 7.71%
Current Fiscal Year
Percent of
Revised Revenue
Revenue Estimate
Estimates Received
7,480.506 42.39%
26,697,649 51.64%
2,342,068 32.35%
2,288,916 25.09%
35,449,049 50.79%
5,882,840 N/A
80~1411028 50.23%
Instruction
General Support
Transportation
Operation and
Maintenance of Plant
Food Services
Facilities
Other Uses of Funds
Special Purpose Grants
Total
STATEMENT OF EXPENDITURES AND ENCUMBRANCES
Year to Date for the Period
Current Fiscal Year
Percent of
Jul 1-Dec 31 Jul 1-Dec 31 Percentage Unencumbered Revised Budget
1993-94 1994-95 of Chanqe Balance Appropriations Obliclated
22,584,924 $ 23,837,183 5.54% $ 30,250,832 $ 54,088,015 44.07%
917,049 1,251,997 36.52% 1,673,334 2,925,331 42.80%
1,146,851 1,090,653 (4.90%) 1,717,313 2,807.971 38.84%
4,206,816 4,778,182 13.58% 4,166,369 8,944,551 53.42%
1,282,457 1,373,687 7.11% 1,820,604 3,194,291 43.00%
1,557,879 1,919,943 23.24% 588,334 2,508,277 76.54%
1,588,271 1,691,822 6.52% 267,638 1,959,460 86.34%
6~631 ~766 5,882~840 ( 11.29%) 5~882~840 N/A
39~916,013 $ 41,826~307 4.79% 40 484 429 $ 82~310~736 50.82%
3
CITY OF ROANOKE, VIRGINIA
CAPITAL PROJECTS FUND
STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND
UNENCUMBERED APPROPRIATIONS SUMMARY AS OF DECEMBER 31, 1994
Expenditures Unexpended Outstanding Unencumbered
Budqet To Date Balance Encumbrances Balance
General Government $30,938,038 $ 24,558,220 $ 6,379,818 $ 733,860 $ 5,645,958
Public Safety 9,169,051 1,599,849 7,569,202 7,183,380 385,822
Public Works 31,200 31,200 31,200
Education 10,187,287 6,673,583 3,513,704 3,009,013 504,691
Recreation 44,710 30,023 14,687 14,687
Streets and Bridges 7,949,478 5,029,298 2,920,180 691,510 2,228,670
Sanitation Projects 4,010,156 2,938,579 1,071,577 948,140 123,437
Traffic Engineering & Communications 1,243,300 1,187,390 55,910 5,700 50,210
Other Infrastructure Projects 7,361,103 4,269,022 3,092,081 760,022 2,332,059
Capital Improvement Reserve 1,720,508 1,720,608 1,720,608
Total $ 72,654,931
$ 46~285~964 $ 26,368,967 $ 13~33%625 $ 13f037,342
4
CITY OF ROANOKE, VIRGINIA
WATER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Operating Revenue;
Commercial Sales
Domestic Sales
Industrial Sales
Town of Vinton
Roanoke County
Customer Service
Total Operating Revenue
Less: Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Add: Non-Operating Revenue
Interest on Investments
Rents
Miscellaneous
Total Non-Operating Revenue
Net Income
1994
1,655,696
1,453,476
137,877
13,284
431,410
235,230
3,926,973
619,294
1,456,165
399,324
2,474,783
1,452,190
34,157
1,650
8,348
44,155
1,496,345
1993
1,602,844
1,466,068
128,094
8,758
652,025
166,458
4,024,247
535,326
1,348,362
404,605
2,288,293
1,735,954
39,285
1,650
1,503
42,438
1,778,392
5
WATER FUND
DECEMBER 31, 1994
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Proiect
New Services, Hydrants, and Lines
Fire Hydrants
FY 86 Project Design
Carvins Cove Improvement Phase I
Carvins Cove Improvement Phase Il
Carvins Cove Filter Plant
Water Plant Expansion Bonds 92
Carvins Cove Filter Plant Phase I
Falling Creek Finished Water Res.
Carvins Cove Phase II Cont B-2
Carvins Cove Phase II Cont C-1
Carvins Cove Phase II Cont C-2
Fifth Street Bridge Replacement
RCIT Water Storage Tank
Carvins Cove Phase II Cont B-1
RCIT Water Tank
Carvins Cove Phase II Cont A-1
Carvins Cove Phase II Cont A-2
VDOT Waterline Betterment
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Expenditures
$ 224,742
5,666
12,103
1,853,262
1,205,323
233,855
2,320,816
12,825,050
268,296
2,065,225
1,444,261
2,026,367
63,815
96,585
2,454,188
598,180
1,255,423
850,397
46,593
29,850,147
22,631,903
7,218,244
NOTE: Some of these projects are continued from prior years with inception to date totals.
6
CITY OF ROANOKE, VIRGINIA
SEWAGE TREATMENT FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Operating Revenue:
Sewage Charges - City
Sewage Charges - Roanoke County
Sewage Charges - Vinton
Sewage Charges - Salem
Sewage Charges - Botetourt County
Customer Services
Interfund Services
Total Operating Revenue
Less: Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating (Loss)
Add: Non-Operating Revenue (Expenses)
Interest on Investments
Miscellaneous
Interest Expense
Total Non-Operating Revenue (Expenses)
Net (Loss)
1994
2,801,488
406,964
96,503
303,706
38,281
50,738
22,488
3,720,168
796,195
2,182,658
477,510
3,456,363
263,805
22,843
10,365
( 5,625)
27,583
$ 291,388
1993
2,362,277
396,465
110,061
251,551
32,615
67,589
10,020
3,230,578
752,462
2,392,421
485,042
3,629,925
( 399,347)
25,507
5,589
( 10,078)
21,018
$(378,329)
CITY OF ROANOKE
SEWAGE TREATMENT FUND
DECEMBER 31, 1994
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
project
Other Equipment
FY86 Projects Design
Sewershed I/I Project Design Phase I
Sewershed I/I Reduction II
Sewershed I/I Reduction
WPCP-Chemical Storage Tanks
STP Expansion Bonds - 94 Issue
RCIT Sewer Line Extension
Tinker Creek Interceptor Sewer
Roanoke River Interceptor Sewer
Renovation/Expansion - Water Pollution Control
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Expenditures
$ 18,049
66,347
271,404
98,060
292,091
167,516
194,776
64,459
10,990
6,139
1,466
1,191,297
701,225
490,072
NOTE: Some of these projects are continued from prior years with inception to date totals,
8
CITY OF ROANOKE, VIRGINIA
CIVIC CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Operating Revenue:
Rentals
Parking Fee
Event Expenses
Advertising
Admissions Tax
Commissions
Novelty Fees
Total Operating Revenue
Less: Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating (Loss)
Add: Non-Operating Revenue
Operating Supplement
Interest on Investments
Miscellaneous
Total Non-Operating Revenue
Net Income
1994
$ 2O3,768
81,871
85,307
1,525
94,145
100,446
16,617
583,679
498,474
493,720
168,266
1,160,460
(576,781)
644,196
16,427
7,881
668,504
91,723
1993
$ 210,131
81,116
70,960
1,342
62,569
76,431
27,871
530,420
483,206
391,880
165,067
1,040,153
(509,733)
618,631
8,222
2,005
628,858
119,125
9
CITY OF ROANOKE, VIRGINIA
CiViC CENTER FUND
DECEMBER 31, 1994
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Project
Parking Lot Paving
Other Equipment
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Expenditure8
189,519
3,426
192,945
$ 192,945
10
CITY OF ROANOKE, VIRGINIA
TRANSPORTATION FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Operating Revenue:
Century Station Parking Garage
Williamson Road Parking Garage
Market Square Parking Garage
Church Avenue Parking Garage
Tower Parking Garage
Surface Parking Lots
Total Operating Revenue
Less: Operating Expenses
Operating Expenses
Depreciation
Total Operating Expenses
Operating Income
Add: Non-Operating Revenue (Expenses)
Transfer from General Fund
Interest on Investments
Miscellaneous
Operating Subsidy for GRTC
Interest Expense
Net Non-Operating Revenue (Expenses)
Net Income
1994
144,164
103,566
85,121
201,484
111,120
57,461
702,916
256,490
260,493
516,983
185,933
657,211
( 1,051)
3,363
(353,912)
(400,O00)
( 94,389)
91,544
1993
153,460
133,817
84,877
234,68O
83,100
28,149
718,083
341,278
261,670
602,948
115,135
827,O00
966
618
(364,358)
(338,516)
125,710
240 845
11
CITY OF ROANOKE, VIRGINIA
NURSING HOME FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Operating Revenue:
Private Patient Fees
Medicaid Patient Fees
Medicaid Reimbursements
Total Operating Revenue
Less: Operating Expenses
Personal Services
Operating Expenses
Depreciation
Total Operating Expenses
Operating (Loss)
Add: Non-Operating Revenue
Interest on Investments
Operating Supplement
Total Non-Operating Revenue
Net Income
1994
76,016
129,862
407,235
613,113
589,354
248,867
12,304
850,525
(237,412)
7,396
440,75O
448,146
210,734
1993
81,699
123,326
388,527
593,552
586,419
210,223
18,021
814,663
(221,111)
4,923
404,419
409,342
188,231
12
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
COMPARATIVE INCOME STATEMENT
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Operating Revenue:
Operating Revenue
Total Operating Revenue
Less: Operating Expenses
Operating Expenses
Total Operating Expenses
Operating (Loss)
Add: NomOperating Revenue
City Contributions
Contribution from Virginia Tech
Proceeds from Brick Sales
Interest on Investements
Total Non-Operating Revenue
Net Income
1994 1993
187,105 69,070
187,105 69,070
(187,105) (69,070)
276,500 123,350
276,500 92,782
41,400
3,612
598,012 216,132
$ 410,907 $ 147,062
(1)
(1) Virginia Tech paid $30,568 for feasibility study and received credit toward its operating subsidy
for that amount.
13
CITY OF ROANOKE, VIRGINIA
HOTEL ROANOKE CONFERENCE CENTER FUND
DECEMBER 31, 1994
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Project
Conference Center
Total Project Expenditures
Less Prior Year Expenditures
Total Current Year Expenditures
Year to Date
Expenditures
$ 8,310,601
8,310,601
3,256,136
$ 5 054 465
14
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Operating Revenue
Charges for Services
Total Operating Revenue
OperatinrA Expenses
TOTALS
City
Information Materials Management Utility Line Fleet
Systems Control Services Services Manaqement 1994 1993
$ 1,239,548 $ 81,074 $ 215,070 $ 1,433,517 $ 1,899,433 $ 4,868,642 ¢ 4,461,008
Personal Services 672,745 39,874
Operating Expenses 289,483 9,845
Depreciation 104,517 881
Total Operating Expenses 1~066~745 50~600
Operating income 172,803 30,474
Interest Revenue 22,629 3,746
Operating Supplement from
General Fund
Net Nonoperating Revenue 22~529 3,746
Net Income ~ 195~332 $ 34~220
38,406 1,083,594 581,243 2,415,862 2,360,917
124,814 239,460 333,934 997,536 1,011,812
18~933 85~700 512,431 722~462 742.247
182,153 1,408,754 1,427~608 4~135,860 4~114,976
32,917 24,763 471,825 732,782 336,032
3,592 20,352 14,349 64,568 56,322
264,644 264,644
3,592 20,352 278,993 329,212 56,322
$ 36,509 $ 45,115 $ 750,81~8 $ 1~061,99~4 $ 392 354
15
CITY OF ROANOKE, VIRGINIA
INTERNAL SERVICE FUNDS
DECEMBER 31, 1994
(CONTINUED)
Capital Outlay Not Included in Operating Expenses:
Proiect
CIS ~ Other Equipment
MS - Other Equipment
MS - Furniture and Equipment
ULS - Vehicular Equipment
ULS - Other Equipment
ULS - Sewershed Study
FM - Vehicular Equipment
FM - Other Equipment
Total
Year to Date
Expenditures
43,448
1,100
2,615
81,451
44,673
11,463
448,866
13,808
$ 657,424
16
crI'Y TREABIJRER'G OFFICE
GENERAL ~'rATEMENT OF ACCOUNTABILITY
FOR THE MONTH ENDED DECEMBER 31, 1994
TO THE DIRECTOR OF FINANCE:
GENERN. STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CI"P( OF ROANOKE. VIRGINIA FOR THE
FUNDS OF ~AID CITY THE MONTH ENDED DECEMBER 31, 1994.
WATER 9,847,606.19 560,813.90 807,245.43
SEWAGE 17,546,816.45 1,368,926.33 1,326,061.20
AIRPORT 5,447.97 0.00 0.00
CIVIC CENTER 881,414.69 182,910.74 252,181.86
TRANSPORTATION 10,304.71 123,113.86 62,750.28
CAPITAL 20,340,528.55 387,852.33 3,711,223.43
NURSING HOME 660,707. 74 109,797.20 125,404.77
RKE CONFERENCE CEN 6,964,483.87 1,630.89 954,736.16
DEBT SERVICE 7,864,518.11 20,196.41 571,947.27
ClS 1,487,198.84 84,477. 89 ,54,666.83
MATERIALS CONTROL 259,082.31 96,393.01 100 189.36
MANAeEMENT SERVICE 232,F384.~0 27,280.92 17,049.63
UTILITY LINES SERV 1,293,864.36 93,642.45 61 064.61
R. EET MAINTENANCE 1,156,539.34 55,648.06 34740.12
PAYROLL (3,505,647.62) 11,240,970.31 12 420.020.70
PENSION (16~,072.49) 1,524,761.23 629;799.63
SCHOOL FUND 10,916,4.81.36 2,587,323.65 6 103 171.96
FDSTC (61,134.76) 691,344.87 508095.11
GRANT PROGRAMS 303. 03.r
TOTAL $76,861,9~6.66 $27,366,820.91 $37,798,648.80
($5,062,871.73)
21,515,718.48
1,288,827.66
6,176,581.4,5
479,244.44
209,571.34
10,816,596.90
348,860.37
(429,724.12)
(2,o23,3ss. 17)
1,326,405.79
279,621.62
263,643.37
1,156,185.66
4,268,198.19
(314,698.18)
4,992,932.60
(179,061.34)
$46,860,773.63
I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CiTY OF ROANOKE,
VIRGINIA, FOR THE FUNDS OF THE VARIOUB ACCOUNTS THEREOF FOR THE MONTH ENDED DECEMBER 31, 1994
THAT SAID FOREGOING:
CASI"I:
CABH IN HAND
CASH IN BANK
I~NTS ACQUIRED FROM COMPETITIVE
COMMERCIAL PAPER
REPURCHASE AGREEMENTS
U. S. TREASURY NOTES
VIRGINIA AIM PROGRAM (U. S. SECURITIEB)
TOTAL
DATE: JANUARY 10, 1995
17
CITY OF ROANOKE PENSION PLAN
STATEMENT OF REVENUE AND EXPENSES
FOR THE 6 MONTHS ENDING DECEMBER 31, 1994
Revenue
City's Contributions
Investment Income
Gain on Sale of
Bond Discount Amoritization
Total Revenue
1994 1993
2,773,330 $ 2,903,976
1,994,722 2,629,174
5,673,549 2,979,155
109,471 121,857
$ 10,551,072
$ 8,634,162
Expenses
Pension Payments
Fees for Professional Services
Active Service Death Benefit
Bond Premium Amortization
Administrative Expense
Total Expenses
Net Income Year to Date
3,656,173 $ 3,608,243
207,250 191,199
12,181
221,809 294,938
137,734 120,630
4,222,966 4,227,191
6,328,106 $ 4,406,971
18
CITY OF ROANOKE PENSION PLAN
BALANCE SHEET
AS OF DECEMBER 31, 1994
Assets
Cash
Investments:
(market value -
Due from Other Funds
Other Assets
Total Assets
1994 $162,507,245
1993 $162,746,720)
199'$ 1993
$ 725,808 $ ( 314,698)
151,443,003 140,956,057
160,000
18,000 18,000
$152,186,811 $ 140,819,3~
Liabilities and Fund Balance
Accounts Payable
Due to Other Funds
Total Liabilities
Fund Balance, July 1
Net Income Year to Date
Total Fund Balance
Total Liabilities and Fund Balance
3,4O4
737,871 687,997
741,275 687,997
145,117,430 135,724,391
6,328,106 4,406,971
151,445,536 140,131,362
152,186,811 $ 140,819~59
19
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
The Honorable George Allen
Governor of Virginia
Office of the Governor
Third Floor, State Capitol
Richmond, Virginia 23219
Dear Governor Allen:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
The Honorable J. Brandon Bell
Member, Senate of Virginia
State Capitol
P. O. Box 396
Richmond, Virginia 23203
Dear Senator Bell:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
The Honorable Malfourd W. Trumbo, Member
Senate of Virginia
State Capitol
P. O. Box 396
Richmond, Virginia 23203
Dear Senator Trumbo:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Erie.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAK1N
Deputy Cit~ Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
The Honorable A. Victor Thomas, Member
House of Delegates
814 General Assembly Building
Capitol Square
Richmond, Virginia 23219
Dear Delegate Thomas:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
The Honorable C. Richard Cranwell, Member
House of Delegates
607 General Assembly Building
Capitol Square
Richmond, Virginia 23219
Dear Delegate Cranwell:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Eno.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: {703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
The Honorable Clifton A. Woodrum, III
Member, House of Delegates
810 General Assembly Building
Capitol Square
Richmond, Virginia 23219
Dear Delegate Woodrum:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc o
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. Virginia 2401 I-I 536
Telephone: (703) 98I-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
The Honorable H. Morgan Griffith
Member, House of Delegates
447 General Assembly Building
Capitol Square
Richmond, Virginia 23219
Dear Delegate Griffith:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Eno.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Beth Poff
Executive Director
Blue Ridge Zoological Society
of Virginia
P. O. Box 13484
Roanoke, Virginia 24034
Dear Ms. Poff:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.~ Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
James Sears, President
Center in the Square
One Market Square, S. E.
Roanoke, Virginia 24011
Dear Mr. Sears:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue~ S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deput~ City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Dr. M. Rupert Cutler
Virginia Recreational
Facilities Authority
P. O. Box 8508
Roanoke, Virginia 24014-8508
Dear Dr. Cutler:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Ene.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 !-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Melody Stovall
Executive Director
Harrison Museum of
African American Culture
P. O. Box 194
Roanoke, Virginia 24002-0194
Dear Ms. Stovall:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Katherine F. Houck
Executive Director
Virginia Museum of Transportation
303 Norfolk Avenue, S. W.
Roanoke, Virginia 24016
Dear Ms. Houck:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy Cily Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Susan Jennings
Executive Director
Arts Council of the
Blue Ridge
20 E. Church Avenue
Roanoke, Virginia 24011
Dear Ms. Jennings:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 2401 l-I 536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Carolyn S. Ross
Clerk of Council
Town of Vinton
P. O. Box 338
Vinton, Virginia 24179
Dear Ms. Ross:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Ene o
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke. Virginia 2401 I-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Ms. Allen:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Erie.
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #137-188-229-236-319-336-348-425
Forest G. Jones
Clerk of Council
City of Salem
P. O. Box 869
Salem, Virginia 24153
Dear Mr. Jones:
I am enclosing copy of Resolution No. 32355-012395 urging the Governor and General
Assembly to restore funding to Roanoke Valley cultural agencies for the second year
of the 1994-1996 Biennium to that level established by the current budget for the
second year of the Biennium. Resolution No. 32355-012395 was adopted by the
Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE: sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of January, 1995.
No. 32355-012395.
A RESOLUTION urging the Governor and General Assembly to
restore funding to Roanoke Valley cultural agencies for the second
year of the 1994-1996 Biennium.
WHEREAS, for the second year of the 1994-1996 Biennium, the
Governor has recommended the following reductions in funding for
Roanoke Valley cultural agencies:
AGENCY CURRENT GOVERNOR'S
BUDGET RECOMMENDATION
Art Museum of Western Virginia $ 115,000 $ 57,500
Blue Ridge Zoological Society of $ 24,250 $ 12,125
Virginia
Science Museum of Western Virginia $ 250,000 $ 125,000
Virginia Museum of Transportation $ 100,000 $ 50,000
Virginia Recreational Facilities $ 400,000 $ 200,000
Authority
Volunteer Rescue Squad Museum (Julian $ 37,500 $ 18,750
Stanley Wise Foundation)
Western Virginia Foundation for Arts $ 311,915 $ 155,958
and Sciences (Center in the Square)
WHEREAS, Roanoke Valley cultural agencies also benefit from
grants from the Virginia Commission for the Arts, and the budget
for the Commission is proposed to be reduced from $2,789,567 to
$1,866,281 in the second year of the Biennium, a reduction of
33.1%;
WHEREAS, during the first year of the Biennium, the Arts
Council of the Blue Ridge received grants from the Commission in
the amount of $3,100, the Art Museum of Western Virginia in the
amount of $23,000, Harrison Museum of African American Culture in
th~ amount of $8,400 and Mill Mountain Theater in the amount of
$61,795, and, due to the proposed reduction in funding of the
Virginia Commission for the Arts, all of the foregoing cultural
agencies can reasonably expect considerable reductions in their
grant funding from the Commission during the second year of the
Biennium;
WHEREAS, Roanoke Valley cultural agencies that receive direct
State grants have each had their funding reduced 50% for the second
year of the Biennium, and such reductions seem disproportionate
considering that the Virginia Museum of Fine Arts, located in
Richmond, is recommended for a 17.5% reduction, and the Virginia
Science Museum, also located in Richmond, is recommended for a
13.6% reduction for the second year of the Biennium;
WHEREAS, during Fiscal Year 1993-1994, Western Virginia
Foundation for Arts and Sciences (Center in the Square) had a total
attendance of 514,647 persons, which represents attendance far in
excess of either the Virginia Museum of Fine Arts or the Virginia
Science Museum;
WHEREAS, for the second year of the Biennium, the Virginia
Museum of Fine Arts is recommended to receive State funding in the
amount of $25 per attendee while Western Virginia Foundation for
Arts and Science (Center in the Square) is proposed to receive $.30
per attendee;
WHEREAS, cultural agencies contribute heavily to the quality
of life in the Roanoke Valley and surrounding region, and these
agencies, which are instrumental in the attraction and retention of
business prospects, are an essential ingredient of the economic
de%~lopment efforts of the Roanoke Valley local governments;
WHEREAS, the location of the Western Virginia Foundation for
Arts and Sciences (Center in the Square) in the Market area of the
City turned a blighted, low tax producing, crime ridden area into
a thriving commercial area, bustling with sales from restaurants,
retail stores, artisans and farmers' stalls; and
WHEREAS, with the loss of funding and subsequent forced
programming, staffing and facility maintenance changes, the Roanoke
Valley will suffer educationally and economically as the quality of
life is diminished, tourism is reduced and business suffers;
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke as follows:
1. The Governor and General Assembly are urged to restore
funding of Roanoke Valley cultural agencies for the second year of
the Biennium to that level established by the current Budget for
the second year of the Biennium.
2. The City Clerk is directed to forward an attested copy of
this resolution to The Honorable George Allen,
Governor; The
Honorable J. Brandon Bell, Member, Senate of Virginia; The
Honorable Malfourd W. Trumbo, Member, Senate of Virginia; The
Honorable A. Victor Thomas, Member, House of Delegates; The
Honorable Clifton A. Woodrum, III, Member, House of Delegates; The
Honorable C. Richard Cranwell, Member, House of Delegates; The
Honorable H. Morgan Griffith, Member, House of Delegates;, Beth
Poff, Executive Director, Blue Ridge Zoological Society of
Virginia; James Sears, President, Center in the Square; M. Rupert
Cutler, Virginia Recreational Facilities Authority; Melody Stovall,
Exe~utive Director, Harrison Museum of African American Culture;
Katherine F. Houck, Executive Director, Virginia Museum of
Transportation; Susan Jennings, Executive Director, Arts Council of
the Blue Ridge; and to the Clerks of the governing bodies of
Roanoke County, the City of Salem, and the Town of Vinton.
ATTEST:
City Clerk.
WILBURN C. DIBLING, JR.
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE. SW
ROANOKE. VIRGINIA 24011-1595
January 23, 1995
WILLIAM X PARSONS
STEVEN J. TALEVI
KATHLEEN MAR"= KRONAU
GLADYS L. YATES
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Proposed State funding cuts
Valley cultural aqencies
for Roanoke
Dear Mayor Bowers and Council Members:
At City Council's joint meeting with the Roanoke County Board
of Supervisors on January 9, 1995, M. Rupert Cutler, Executive
Director of Explore, advised of the Governor's proposal to reduce
the State appropriation for Explore by 50% during the second year
of the current Biennium. City Council expressed concern with
respect to this reduction, as well as proposed reductions for other
Roanoke Valley cultural agencies. Accordingly, I have drafted the
attached resolution which urges the Governor and General Assembly
to restore funding to Roanoke Valley cultural agencies for the
second year of the 1994-1996 Biennium.
The resolution identifies seven Roanoke Valley cultural
agencies that receive direct funding from the Commonwealth. For
the second year of the 1994-1996 Biennium, the Governor has
recommended that funding for each of these agencies be reduced by
50%. Please note that the Governor's proposals also affect Roanoke
Valley cultural agencies that receive indirect funding from the
Commonwealth. The resolution identifies four Roanoke Valley
cultural agencies that receive indirect funding from the
Commonwealth through grants from the Virginia Commission for the
Arts. The Governor's proposed budget amendments recommend a
reduction in funding for the Virginia Commission for the Arts in
the amount of 33.1% for the second year of the Biennium; therefore,
local cultural agencies that receive grants from the Commission can
reasonably expect considerable reductions in their grant funding
during the second year of the Biennium.
The Honorable Mayor and Members
of City Council
January 23, 1995
Page 2
I recommend the attached resolution to City Council.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Attachment
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church AYenue, S,W., Room 456
Roanoke, Virginia 24011-1536
lelephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #24-132
Raymond F. Leven
Public Defender
Suite 4B
Southwest Virginia Building
Roanoke, Virginia 24011
Dear Mr. Leven:
I am enclosing copy of Ordinance No. 32356-012395 amending and reordaining Rule 1,
Regular meetings, of Section 2-15, Rules of procedure, of the Code of the City of
Roanoke (1979), as amended, to provide for a new schedule of regular meetings of
City Council, effective February 13, 1995. Ordinance No. 32356-012395 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday,
January 23, 1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
MARY F. PARKER, CMC/AAE
C/tv Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke, Virginia 2401 l-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy Cit) Clerk
January 24, 1995
File #24-132
Evelyn Jefferson
Vice President - Supplements
Municipal Code Corporation
P. O. Box 2235
Tallahassee, Florida 32304
Dear Ms. Jefferson:
I am enclosing copy of Ordinance No. 32356-012395 amending and reordaining Rule 1,
Regular meetings, of Section 2-15, Rules of procedure, of the Code of the City of
Roanoke (1979), as amended, to provide for a new schedule of regular meetings of
City Council, effective February 13, 1995. Ordinance No. 32356-012395 was adopted
by the Council of the City of Roanoke at a regular meeting held on Monday,
January 23, 1995.
Please include Ordinance No. 32356-012395 in Supplement No. 33 to the Roanoke City
Code.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Enc.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32356-012395.
VIRGINIA,
AN ORDINANCE amending and reordaining Rule 1, Reqular
meetinqs, of §2-15, Rules of procedure, of the Code of the City of
Roanoke (1979), as amended, to provide for a new schedule of
regular meetings of City Council effective February 13, 1995; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as
follows:
1. Rule 1, Regular meetinqs, of §2-15, Rules of procedure,
of the Code of the City of Roanoke (1979), as amended, is hereby
amended and reordained as follows:
§2-15. Rules of procedure.
Pursuant to S8 of the Charter, providing for the
determination of its rules by the council, the following
rules set out in this section are adopted.
Rule 1. Regular Meetings.
(a) The council shall hold regular meetings on the
second and fourth Mondays of each month. When any
regularly scheduled Monday meeting shall fall on a
holiday of the city, such meeting shall be held on
Tuesday next following. Unless otherwise provided by
ordinance or resolution of council, each meeting of city
council shall commence at 3:00 p.m. The first meeting of
each month shall be recessed upon the completion of all
business except the conduct of public hearings, and such
meeting shall be reconvened at 7:00 p.m. on the same day
for the conduct of public hearings. All meetings of city
council shall be automatically adjourned at 11:00 p.m.,
unless a motion setting a new time for adjournment be
made, seconded and unanimously carried.
(b) Ail regular meetings of council shall be held
in the Council Chambers, Room 450, of the Municipal
Building in the city, unless otherwise provided by
ordinance or resolution of council.
(c) This rule shall have no application to the
organizational meeting of council required by §10 of the
City Charter.
2. Rule i, as amended by this ordinance, shall be effective
as to regular meetings of City Council held on and after February
13, 1995.
3.
municipal
ordinance
In order to provide for the usual daily operation of the
government, an emergency is deemed to exist, and this
shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
CITY OF ROANOKE
OFFICE OF CITY ATTORNEY
464 MUNICIPAL BUILDING
215 CHURCH AVENUE, SW
ROANOKE, VIRGINIA 24011-1595
WILBURN C. DIBMNG, JR.
January 23, 1995
WILLIAM X PARSONS
STEVEN d. TALEVI
KATHLEEN MARIE KRO#AU
GLADYS L. YATES
ASSISTANT CITY ATFORNEYS
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: Council meeting schedule
Dear Mayor Bowers and Council Members:
At the City Council meeting on January 9, 1995, Council
requested that I prepare an ordinance amending Rule 1 of City
Council's Rules of Procedure to provide that the regular meetings
of Council held on the second and fourth Mondays of each month
shall commence at 3:00 p.m., rather than 10:00 a.m. as currently
provided. The attached ordinance accomplishes this change
effective for the meeting of February 13, 1995. Please note that
no change is made with respect to public hearings which will
continue to be held at 7:00 p.m. on the second Monday of each
month.
I trust that the attached ordinance carries Out the intent of
City Council.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Attachment
cc: W. Robert Herbert, City Manager
Mary F. Parker, City Clerk
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W.. Room 456
Roanoke. Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #468
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
P. O. Box 29800
Roanoke, Virginia 24018-0798
Dear Ms. Allen:
I am enclosing copy of Resolution No. 32357-012395 authorizing execution of an
Addendum to the Water-Sewer Contract between the City of Roanoke and County of
Roanoke, dated August 13, 1979; and authorizing the dismissal of certain litigation
pending between the City and County. Resolution No. 32357-012395 was adopted by
the Council of the City of Roanoke at a regular meeting held on Monday, January 23,
1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eric.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of January, 1995.
No. 32357-012395.
A RESOLUTION authorizing execution of an Addendum to the
Water-Sewer Contract between the City of Roanoke and County of
Roanoke, dated August 13, 1979; and authorizing the dismissal of
certain litigation pending between the City and County.
WHEREAS, on August 13, 1979, the City, County and Roanoke
County Public Service Authority entered into a contract relating to
the ownership and conveyance of certain water and sewer lines and
the sale of surplus water by the City to the County for a term of
years ("1979 Contract");
WHEREAS, the Roanoke County Public Service Authority has been
dissolved and its rights, duties, responsibilities and obligations
under the 1979 Contract have been assumed by the County;
WHEREAS, in 1992, litigation ensued between the City and the
County with respect to the 1979 Contract;
WHEREAS, the City and the County desire to amicably resolve
and settle the litigation between them; and
WHEREAS, the City and the County desire to enter into an
Addendum to the 1979 Contract in order to implement the settlement
of this litigation and to provide for the continuing sale of
surplus water by the City to the County through June 30, 2015;
THEREFORE, BE IT RESOLVED by the Council of the City of
R~anoke as follows:
1. The Mayor and City Clerk are authorized, respectively, to
execute and attest, for and on behalf of the City, an Addendum to
the Water-Sewer Contract between the City of Roanoke, the County of
Roanoke, and the Roanoke County Public Service Authority, dated
August 13, 1979, such Addendum being generally in the form of the
attachment to the report of the City Attorney, dated January 23,
1995, and being subject to any amendments as to form that might be
deemed necessary by the City Attorney prior to execution.
2. The form of such Addendum shall be approved by the City
Attorney prior to execution.
3. The City Attorney shall be authorized to seek entry of
orders and to take such other action as he deems necessary to
obtain dismissal of litigation pending between the City of Roanoke
and the County of Roanoke in the Circuit Courts for the City of
Roanoke and County of Roanoke.
4. This resolution shall be effective upon its adoption.
5. The Clerk is directed to forward an attested copy of this
resolution
Supervisors.
to the Clerk for the Roanoke County Board of
ATTEST:
City Clerk.
WILBURN C. OIBLING, JR*
CITY OF I OANO
OFFICE OF CITY ATTORNEY
464 MUNICIPAL'~IILqlN~
215
GHU~CH
ROANOKE, VIFIGINIA 24011
January 23, 1995
WILL JAM X PARSONS
STEVEN J. TALEVI
KATHLEEN MARIE KRONAU
GLADY$ L. YATES
The Honorable Mayor and Members
of City Council
Roanoke, Virginia
Re: City of Roanoke v. County of Roanoke and the Board
of Supervisors of Roanoke County
Dear Mayor Bowers and Council Members:
The City sells surplus water to Roanoke County under the
August 13, 1979 Water-Sewer Contract ("1979 Contract"). The 1979
Contract relates to the ownership and conveyance of certain water
and sewer lines and the sale of surplus water to the County by the
City for 30 years. For thirteen years, the County made timely
payments to the City for water delivered under the 1979 Contract,
but, in 1992, the County declined to pay certain charges against
it. Thereafter, on August 11, 1992, the City filed suit against the
County.
While the parties have litigated, they have, at the same time,
engaged in productive discussions in an effort to amicably resolve
the differences between them. City Council has recently been
briefed in Executive Session on two occasions with respect to a
proposed settlement. Today, I am pleased to recommend to you an
Addendum to the 1979 Contract, a copy of which is attached, that
resolves the issues between the parties. The most important
features of this Addendum are summarized as follows:
The County will pay the City $1,250,535.86 upon
execution of the Addendum to the 1979 Contract.
The foregoing figure represents the total amount
withheld by the County through September 30, 1994,
plus interest at the rate of 4%. See Section 1 of
Addendum.
The Addendum extends the term of the 1979 Contract
from August 13, 2009, to June 30, 2015. See
Section 9 of Addendum.
The Honorable Mayor and Members
of City Council
January 23, 1995
Page 2
o
The City will continue to sell bulk water to the
County pursuant to a new revenue driven formula.
Under the new formula, the rate charged to City
customers will first be calculated. Then the
County rate will be calculated by applying a
multiplier to the City rate. For the first fifteen
fiscal years, the multiplier will be 1.25. For the
final six fiscal years, the multiplier will be
1.125. See Section 2 of Addendum.
The County will take from the City not less than
the minimum quantities of water set out in Section
3 of the Addendum.
The County agrees to pay the City for water from
revenues of the County water system and to fix its
water rates at a level that will be sufficient to
pay the City for water delivered and other charges
against the system. This provision addresses an
alleged constitutional defect in the 1979 Contract.
See Section 4 of the Addendum.
6. The City agrees to dismiss its litigation against
the County. See Section 1 of Addendum.
By adoption of the attached resolution, City Council may
authorize execution of the Addendum and dismissal of the litigation
between the City and the County. The proposed Addendum represents
a favorable conclusion of this controversy for both the City and
the County, and I am pleased to recommend it to you.
I gratefully acknowledge the participation and support of W.
Robert Herbert, City Manager, James D. Grisso, Director of Finance,
and Kit B. Kiser, Director of Utilities and Operations, who were
full partners in the negotiations leading to settlement of this
matter and join me in making this recommendation to you.
Should any member of Council have any question with respect to
this matter, I will be pleased to address it.
With kindest personal regards, I am
Sincerely yours,
Wilburn C. Dibling, Jr.
City Attorney
WCD:f
Enclosure
The Honorable Mayor and Members
of City Council
January 23, 1995
Page 3
cc:
W. Robert Herbert, City Manager
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities and Operations
Mary F. Parker, City Clerk
THIS ADDENDUM to the August 13, 1979, Contract between
the City of Roanoke, the County of Roanoke and the Roanoke County
Public Service Authority is made and entered into this
day of January, 1995, by and between the CITY OF
municipal corporation of the Commonwealth of Virginia,
referred to as "City", and the COUNTY OF
subdivision of the Commonwealth of Virginia,
to as "County";
W I TNE S SETH:
ROANOKE, a
hereinafter
ROANOKE, a political
hereinafter referred
WHEREAS, on August 13, 1979, the City, County and Roanoke
County Public Service Authority entered into a contract relating to
the ownership and conveyance of certain water and sewer lines and
the sale of surplus water by the City to the County for a term of
years ("1979 Contract");
WREREAS, the Roanoke County Public Service Authority has
been dissolved and its rights, duties, responsibilities and
obligations under the 1979 Contract have been assumed by the
County;
WHEREAS, the City and County desire to amend certain
sections of the 1979 Contract, to delete certain sections of the
1979 Contract and to add certain new sections to the 1979 Contract,
and such amendments, deletions and additions are hereinafter set
forth in this Addendum;
WREREAS, it is the intent of the City and County that all
provisions of the 1979 Contract not hereinafter amended or deleted
shall remain in full force and effect; and
WHEREAS, the City and County deem it mutually
advantageous that the City continue to sell surplus water to the
County under the terms of the 1979 Contract as hereinafter amended;
THEREFORE, FOR AND IN CONSIDERATION of the mutual
covenants, agreements and obligations herein contained, the City
and County hereto covenant and agree, one with the other, to the
amendments, deletions and additions to the 1979 Contract
hereinafter set forth in this Addendum:
1. County payment~ dismissal of litigation.
Upon the execution of this Addendum, the County shall pay
the City $1,250,535.86. The City shall immediately thereafter
dismiss, with prejudice, its pending litigation against the County,
styled City of Roanoke v. County of Roanoke and the Board of
Supervisors of Roanoke County, pending in the Circuit Court for the
County of Roanoke (Law No. CL9300011-00) and the Circuit Court for
the City of Roanoke (CL92000898-00).
2. Bulk water rates.
(a) From and after July 1, 1994, and notwithstanding
Sections 2.1, 2.2, 2.3 and 2.4 of the 1979 Contract which sections
remain effective through June 30, 1994, the City agrees to sell and
the County agrees to buy surplus water at bulk rates as hereinafter
set out and the rates shall be calculated in accordance with the
formula which has been mutually agreed upon by the
following
parties:
For Fiscal Years 1995 through 2009, the County Rate
shall be the City Rate times a multiplier of 1.25.
For Fiscal Years 2010 through 2015, the County Rate
shall be the City Rate times a multiplier of 1.125.
(b) The parties hereto agree that the words, terms and
abbreviations used in this section and elsewhere in this Addendum
shall have the following definitions:
(1) "cf" shall mean cubic feet.
(2) "City Customers" shall mean all water customers of
the City of Roanoke who have Water Service within
the City of Roanoke. City Customers shall not
include Roanoke County, Botetourt County, the Town
of Vinton or any other governmental entity which
purchases water for use outside the boundaries of
the City of Roanoke.
(3) "City Rate" shall mean the rate per 100 cubic feet
calculated pursuant to the following formula:
Total dollars charg~ all Cl~ Customers for Water Service during previous Fiscal Year
(4)
(5)
Total 100 cf of water billed to all City Customers in previous Fiscal
Year
The numerator of such formula shall exclude dollars
charged to the County for water during the previous
Fiscal Year, and the denominator shall exclude
water billed to the County during the previous
Fiscal Year.
"County Rate" shall mean the rate charged to the
County by the City for water under this contract
calculated by multiplying the City Rate, as
calculated pursuant to the above formula, times the
multiplier set out in Section 2(a) of this
Addendum.
"Fiscal Year" shall mean the period from July 1 of
any year to June 30 of the next succeeding year.
3
(6)
For example, "Fiscal Year 1995" shall mean June 1,
1994, to June 30, 1995.
"Water Service" shall mean all water made available
use
and
by the City of Roanoke to any customer for
within the City of Roanoke for any purpose
which is billed on a periodic basis.
(c) All items to be included in the rate calculation for each
Fiscal Year shall be actual audited amounts from the preceding
Fiscal Year; provided, however, billings for the months of July,
August and September of each Fiscal Year shall be at the estimated
rate applicable to the previous Fiscal Year. Upon completion of
the City's annual external audit, the estimated rate for the
current Fiscal Year shall be computed utilizing actual audited
amounts from the previous Fiscal Year, and the new estimated rate
will be used to retroactively adjust the July, August and September
invoices on the October invoice. At the end of each Fiscal Year,
an adjustment shall be made and a settling up shall occur based on
actual charges to City Customers and actual amounts of water billed
to City Customers for the immediately preceding Fiscal Year.
(d) Whenever the City shall propose any increase or decrease
in the water rate charged to City Customers, the Director of
Finance of the City shall transmit to the Director of Finance of
the County information with respect to such proposed rate increase
or decrease as soon as possible after such information is placed on
the public agenda of City Council.
3. Minimum and maximum quantities.
(a) Recognizing that the City has planned, financed and
constructed its water treatment and transmission facilities of
4
sufficient size and capability to make available to the County the
minimum quantities of water required by Section 3(b) of this
Addendum, and that by doing so the City is required to reserve
capacity in its water system for the County whether or not the
County takes any water, the County, accepting these representations
by the City, agrees to pay, as an availability charge, for no less
than the minimum quantity of water hereinafter set out in Section
3(b) during any Fiscal Year.
(b) As an availability charge, from and after July 1, 1994,
the County agrees to pay the City for not less than the following
quantities of water during each Fiscal Year:
FISCAL YEAR MINIMUM QUANTITY
IN MGD
1995 2.5
1996 2.5
1997 2.25
1998 2.25
1999 2.25
2000 2.25
2001 2.0
2002 2.0
2003 2.0
2004 1.75
2005 1.75
2006 1.75
2007 1.5
2008 1.5
2009 1.5
2010 1.0
2011 1.0
FISCAL YEAR MINIMUM QUANTITY
cont'd IN MGD
cont'd
2012 1.0
2013 1.0
2014 1.0
2015 1.0
(C) AS used in subsection (b) of this Section and
elsewhere in this Addendum, "MGD" shall mean an annual average
daily quantity in million gallons per day.
(d) The maximum annual average daily quantity shall not
for any Fiscal Year exceed the minimum annual average daily
quantity by more than 120 percent (120%), and the City shall not in
any Fiscal Year be obligated to make available to the County more
than the maximum annual average daily quantity of water. The
minimum and maximum annual average daily quantities established by
this Section may be amended by written mutual agreement.
(e) The City agrees to notify the County at least three
(3) years prior to any known event or occurrence that would cause
the City to be unable to supply the minimum quantities of water set
forth in subsection (a) of this Section on a continuous daily
basis.
Addendum
(f) The City shall not be deemed in breach of this
for any failure to perform which results from
circumstances beyond the City's reasonable control, such as breaks
in transmission lines, mechanical or electrical failure, war, civil
disturbance, natural catastrophe or Acts of God. In the event the
City shall fail to make available to the County the minimum
quantity of water required by Section 3(b) of this Addendum for any
of the aforesaid reasons, then the County shall pay for water
actually delivered at the County Rate.
4. Source of payments.
The County shall make payment for all amounts payable
under the 1979 Contract and this Addendum exclusively from revenues
received by the County from charges paid by users of its water
system and available to it for such purpose, for so long as the
County operates its water system separate and apart from its sewer
system. If the County determines to operate its water and sewer
systems on a combined basis, then such charges may be paid
exclusively from revenues of its combined water and sewer systems.
The County agrees to fix, charge and collect from the
users of its water system, or its combined water and sewer systems,
as the case may be, rates, fees and other charges that will be
sufficient to make the payments required under the 1979 Contract
and this Addendum and all other charges against its water system,
or its combined water and sewer systems, as the case may be, and to
revise the same from time to time as may be necessary to make such
payments.
The charges payable under the 1979 Contract and this
Addendum shall not be deemed to create or constitute an
indebtedness or a pledge of the faith and credit of the County for
purposes of any constitutional or statutory limitation.
5. Monthly invoices.
All amounts payable under this Addendum shall be invoiced on
a monthly basis. Amounts invoiced shall be due thirty (30) days
after the date of receipt of the invoice. Invoices shall be deemed
7
received three
prepaid, by U.
for each water
(3) days after being mailed,
S. Mail. Each invoice shall
meter providing bulk water.
first class, postage
itemize the readings
Interest compounded
monthly at the legal interest rate pursuant to 26.1-330.53, Code of
Virginia (1950), as amended, or its successor section, shall be due
on accounts thirty (30) or more days past due. If at the end of
any Fiscal Year, the amount of water billed to the County shall be
less than the amount made available by the City pursuant to Section
3 of this Addendum, the County shall pay for the difference at the
County Rate within thirty (30) days after billing.
6. Water shortages.
During times of short term water shortages or emergencies
(thirty (30) days or less), the water needs of the City and County
shall be treated equitably with available water of the City being
shared with the County on a pro rata basis considering the total
water produced and delivered to customers, retail and wholesale, by
the City during the twelve (12) complete calendar months
immediately preceding compared to the amount of such water
delivered to the County.
7. Traded water.
The parties hereto recognize that the City and County are each
producers of water and that each may, from time to time, have
excess water and that it may be desirable, from time to time, for
the parties to trade water pursuant to written mutual agreement.
Any water traded pursuant to written mutual agreement during any
Fiscal Year shall not be charged for, or paid for, by either party.
Water traded pursuant to written mutual agreement shall be counted
8
toward the minimum and maximum purchases specified in Section 3 of
this Addendum.
8. Repeal of Sections 2.5 and 3.2 of 1979 Contract.
Sections 2.5 and 3.2 of the 1979 Contract are
repealed and deleted.
hereby
9. Term.
Section 3.1 of the 1979 Contract is hereby amended to read and
provide as follows:
"Section 3.1. Term. This Addendum shall become effective
upon its execution, subject to the terms and conditions contained
herein, and the 1979 Contract as amended by this Addendum shall be
in full force and effect through June 30, 2015."
10. Termination for breach of contract.
Section 3.3 of the 1979 Contract is hereby amended to read and
provide as follows:
"Section 3.3.
termination of this
Termination for breach of contract. No
Contract, other than by expiration under
Section 3.1, as amended, shall occur except after notice in writing
of such intent to terminate stating a breach of contract perfected
by a declaratory judgment rendered by a court of competent
jurisdiction in favor of the party seeking termination."
11. Extent of agreement; modification.
The 1979 Contract and this Addendum represent the entire
integrated agreement between the parties and supersede all prior
negotiations, representations or agreements, either written or
oral. The 1979 Contract and this Addendum may be amended only by
written agreement signed by the City and County.
12. Construction.
Except as amended by this
remain in full force and effect.
between the provisions of the
this Addendum, then to the
Addendum shall supersede the
Addendum, the 1979 Contract shall
In the event of any inconsistency
1979 Contract and the provisions of
extent of such inconsistency, this
1979 Contract.
13. Severability of invalid provisions.
If any clause, provision or section of the 1979 Contract and
this Addendum shall be held to be illegal or invalid by any court
of competent jurisdiction, the illegality or invalidity of the
clause, provision or section shall not affect any of the remaining
clauses, provisions or sections, and the 1979 Contract and this
Addendum shall be construed and enforced as if the illegal or
invalid clause, provision or section had not been contained in it.
14. Counterparts.
This Addendum shall be executed in two counterparts,
which when so executed and delivered, shall be an original,
each of
and the
10
counterparts taken together shall constitute one and the same
instrument.
WITNESS the following signatures and seals:
ATTEST:
CITY OF ROANOKE
Mary F. Parker, City Clerk
By
David A. Bowers, Mayor
ATTEST:
COUNTY OF ROANOKE
Mary H. Allen, Clerk
Board of Supervisors
By
H. Odell Minnix, Chairman
Board of Supervisors
APPROVED AS TO FORM:
APPROVED AS TO EXECUTION:
11
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 23, 1995
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as
amended, establishing a procedure for the election of School Board Trustees, this
is to advise you that the three year terms of The Reverend C. Nelson Harris and
Clubert G. Poff will expire on June 30, 1995.
Pursuant to Section 9-16 of the City Code, on or before February 15 of each year,
Council shall announce its intention to elect trustees of the Roanoke City School
Board for terms commencing July 1 through (1) public announcement of such
intention at two consecutive regular sessions of the Council and (2) advertisement
of such intention in a newspaper of general circulation in the City twice a week for
two consecutive weeks.
Section 9-17 of the City Code provides that applications must be filed in the City
Clerk's Office by March 10 of each year. Application forms will be available in the
City Clerk's Office and may be obtained between the hours of 8:00 a.m., and
5:00 p.m., Monday through Friday. Information describing the duties and
responsibilities of School Board Trustees will also be available.
During the next four months, I will keep the Council informed as to the various steps
required to be followed throughout the selection process.
With kindest personal regards, I am
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 24011-1536
lelephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
Please note the following dates on your calendar with regard to the School Board
selection process:
(1)
On Monday, March 13, 1995, at 6:00 p.m., Second Floor
Lobby of the Municipal Building, 215 Church Avenue,
S. W., Council will hold an informal meeting (reception),
which will be open to the public with all candidates for
school trustee.
(2)
On Monday, March 27, 1995, at 3:00 p.m., or as soon
thereafter as the matter may be heard, Council as a
Committee of the Whole, will review and consider all
candidates for the position of school trustee. At such
meeting, Council shall review all applications filed for the
position and Council may elect to interview candidates for
such positions.
(3)
On Monday, April 10, 1995, at 3:00 p.m., or as soon
thereafter as the matter may be heard, Council will, by
public vote, select from the field of candidates, those
candidates to be accorded the formal interview and all
other candidates will be eliminated from the school trustee
selection process. The number of candidates to be
granted the interview will not exceed three times the
number of positions available on the Roanoke City School
Board, should there be so many candidates.
The Honorable Mayor and Members
of the Roanoke City Council
January 24, 1995
Page 2
(4)
(5)
(6)
With kindest
SHE:sm
pc:
On Monday, April 24, 1995, at 3:00 p.m., or as soon
thereafter as the matter may be heard, Council wili hold a
public hearing to receive the views of citizens.
On Thursday, April 27, 1995, at 6:00 p.m., in the City
Council Chamber, Council will hold a meeting for the
purpose of conducting a public interview of the candidates
for school trustee.
On Monday, May 8, 1995, at 3:00 p.m., or as soon
thereafter as the matter may be heard, Council wili hold an
election to fili the two vacancies on the Roanoke City
School Board for terms commencing July 1, 1995, and
ending June 30, 1998.
personal regards, I am
Sincerely,
Sandra H. Eakin
Deputy City Clerk
The Reverend C. Nelson Harris, Chairperson, Roanoke City School Board,
2813 Edgewood Street, S. W., Roanoke, Virginia 24015
E. Wayne Harris, Superintendent of Roanoke City Public Schools
June S. Nolley, Clerk of the Roanoke City School Board
W. Robert Herbert, City Manager
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 1-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 23, 1995
File #467
The Honorable Mayor and Members
of the Roanoke City Council
Roanoke, Virginia
Dear Members of Council:
On June 30, 1995, the three year terms of The Reverend C. Nelson Harris and
Clubert G. Poff as Trustees of the Roanoke City School Board will expire.
Pursuant to Chapter 9, Education, of the Code of the City of Roanoke (1979), as
amended, establishing a procedure for the election of School Board Trustees,
Council must hold certain meetings and take certain actions during the months of
March, April and May to conform with the selection process. Therefore, I have
discussed the matter with the Mayor and request the concurrence of Council in
establishing the following dates:
(1)
On Monday, March 13 at 6:00 p.m., Council will hold an informal
meeting (reception) which will be open to the public with all candidates
for school trustee in the Lobby of the Municipal Building, 215 Church
Avenue, S. W.
(2)
On Monday, March 27 at 3:00 p.m., Council as a Committee of the
Whole, will review and consider all candidates for the position of school
trustee. At such meeting, Council shall review all applications filed for
the position and Council may elect to interview candidates for such
positions.
(3)
On Monday, April 10 at 3:00 p.m., Council will, by public vote, select
from the field of candidates, those candidates to be accorded the formal
interview and all other candidates will be eliminated from the school
trustee selection process. The number of candidates to be granted the
interview shall not exceed three times the number of positions available
on the Roanoke City School Board, should there be so many candidates.
(4) On Monday, April 24 at 3:00 p.m., Council will hold a public hearing to
receive the views of citizens.
The Honorable Mayor and Members
of the Roanoke City Council
January 23, 1995
Page 2
(5)
On Thursday, April 27 at 6:00 p. m., Council will hold a meeting for the
purpose of conducting a public interview of candidates for the position
of school trustee.
(6)
On Monday, May 8 at 3:00 p.m., Council will hold an election to fill the
two vacancies for terms commencing July 1, 1995, and ending June 30,
1998.
Your concurrence in the abovestated dates will be appreciated in order that
applicants may be advised of the proposed schedule.
l'~ ~ ~. ~Sincerely'
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W. Room 456
Roanoke, Virginia 2401 I-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #2-184-468
Mr. Thomas M. Hudson
4006 South Lake Drive, S. W.
Roanoke, Virginia 24018
Dear Mr. Hudson:
I am enclosing copy of Ordinance No. 32358-012395 providing for acquisition of real
estate commonly known as a vacant lot located on Church Avenue and identified by
Roanoke City Tax Map No. 1113408, upon certain terms and conditions, for the
consideration of $10,800.00. Ordinance No. 32358-012395 was adopted by the Council
of the City of Roanoke at a regular meeting held on Monday, January 23, 1995.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eric.
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of January, 1995.
No. 32358-012395.
AN ORDINANCE providing for the acquisition of real estate
commonly known as a vacant lot located on Church Avenue and
identified by Roanoke City Tax Map No. 1113408, upon certain terms
and conditions; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the Employee Parking Project, the City wants and
needs fee simple title to real estate commonly known as a vacant
lot located on Church Avenue and identified by Roanoke City Tax Map
No. 1113408, as more specifically set forth in the report and
attachments thereto to this Council dated January 23, 1995. The
proper City officials are authorized to acquire for the City from
the owner the fee simple title to the parcel, for the consideration
of $10,800.00.
2. Upon delivery to the City of a deed, approved as to form
and execution by the City Attorney, the Director of Finance is
directed to pay the consideration to the owner, certified by the
City Attorney to be entitled to the same.
3. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
January 23, 1995
Report No. 95-300
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Acquisition of Property - Tax #1113408
The attached report was considered by the Water Resources
Committee at its regular meeting on January 9, 1995. The
Committee recommends that Council authorize the purchase of a
vacant lot on Church Avenue, S. W., Official Tax #1113408, for
the amount of $10~800, in accordance with conditions stated in
the attached report.
Respectfully submitted,
Delvis O. McCadden, Vice Chairperson
Water Resources Committee
DOM:KBK:afm
Attachments
cc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Wil Claytor, Director of Real Estate Valuation
Charles M. Huffine, City Engineer
D. D. Roupe, Manager, General Services
Diane Akers, Manager, Management & Budget
95-300
DATE:
TO:
FROM:
SUBJECT:
January 9, 1995
,M,e. mb~rs, ~Water Resources
~ ~.'~Directo~lities and Operations
thru W. Robert Herbert,, City Manager
Acquisition of Property - Tax~ #1113408
II.
III.
IV.
Background on the subject in chronological order is:
In September~ 1994, a plan was developed to address
the Employee Parking recommendation.
December 12, 1994 Council approved the transfer of
Funds to allow for the acquisition of property for
the Employee Parking Project.
A vacant lot on Church Avenue, S.W., official Tax
Number 1113408 has been identified as a possible
site to acquire to allow implementation of the
Parking Project.
Current Situation is:
The property owner has agreed to sell, to the City
of Roanoke, the property previously identified for
$10,800. See attached letter of Agreement.
The property has been reviewed by Mr. Will Claytor,
Director, Real Estate Valuation, and the amount
proposed has been determined to be a fair price.
Issues in order of importance are:
A. Need
B. Timinq
C. Fundinq
Alternatives in order of Feasibility are:
Committee recommend that City Council authorize the
purchase of a vacant lot on Church Avenue, S.W.,
official Tax Number 1113408, for a cost of $10,800.
Need of the requested property is for the
implementation of phase I of the Employee
Parking Project.
Acquisition of Property
Page 2
cc:
o
Timinq is critical to allow for the
acquisition of the property which is currently
available as a fair price.
Fundinq is available in Employee Parking
Capital Account 008-056-9698-9003 to provide
for the acquisition of the property.
Bo
Committee not recommend that City Council authorize
the purchase of the lot on Church Avenue, S.W.
Need for the acquisition of property for the
Employee Parking Project would continue to
exist.
2. Timinq would not be a factor in this
alternative.
Fundinq designated for the acquisition of
property for the Employee Parking Project
would not be expended at this time.
V. Recommendation is that the Committee approve Alternative
"A" and recommend that City Council authorize the
purchase of a vacant lot on Church Avenue, S.W., official
Tax Number 1113408, for the amount of $10r800.
City Attorney
Director of Finance
Director of Utilities & Operations
Director of Real Estate Valuation
City Engineer
Manager, General Services
Manager, Management & Budget
Office of the City Engineer
November 29, 1994
Mr. Thomas M. Hudson
4006 South Lake Drive,
Roanoke, VA 24018
SoW.
RE: PROPERTY ACQUISITION - TAX MAP # 1113408
Dear Mr. Hudson:
City of Roanoke tax records show yo~ as the owner of the
above referenced property. Our records show the current assessed
value for this property to be $9,000. The City is interested in
purchasing your property. Would you be willing to sell your
property at 20 percent above assessed value, or $10,8007
This transaction would take place in 1995 and would not
affect your 1994 taxes. All purchase of real estate is subject
to City Council's approval.
Please indicate your willingness to sell your property by
initialing this letter and returning it to me in the enclosed
self-addressed envelope.
If you have any questions or would like to discuss this
matter further, please contact me at (703) 981-2731. I look
forward to hearing from you.
Sincerely,
John M. Bowman
Real Estate
Acquisition Specialist
JMB/fm
Will Sell:-~
Other:
Your Telephone No. ~q3 ~--~'--
Room 350, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1587 (703) 981-2731
IN THE COUNCIL OF THE CITY OF
The 23rd day of January, 1995.
No. 32360-012395.
ROANOKE,
VIRGINIA,
AN ORDINANCE providing for the acquisition of property rights
needed by the City for the construction of the Infiltration/Inflow
Reduction Program; authorizing the City Manager to fix a certain
limit on the consideration to be offered by the City; providing for
the City's acquisition of such property rights by condemnation, under
certain circumstances; authorizing the City to make motion for the
award of a right of entry on any of the parcels for the purpose of
commencing the project; and providing for an emergency.
BE
1.
Program, Lick Run 2
Garden City 1 (GC-1),
1), the City wants
IT ORDAINED by the Council of the City of Roanoke that:
For the construction of the Infiltration/Inflow Reduction
(LR-2), Lick Run 3 (LR-3), Lick Run 5 (LR-5),
Peters Creek 6A (PC-6A), and Murray Run 1 (MR-
and needs certain easements, together with
temporary construction easements and rights of ingress and egress, as
more specifically set forth in the report and attachments thereto to
this Council dated January 23, 1995, on file in the Office of the
City Clerk. The proper City officials are authorized to acquire for
the City from the respective owners the necessary easements with
appropriate ancillary rights with respect to the parcels, for such
consideration as the City Manager may deem appropriate, subject to
the limitation set out below and subject to applicable statutory
guidelines. The City Manager is authorized to execute certain
Norfolk Southern permits. Ail requisite documents shall be upon form
approved by the City Attorney.
2. The City Manager is directed to offer on behalf of the City
to the owners of each of the aforesaid parcels, such consideration as
he deems appropriate for the necessary interests, provided, however,
the total consideration offered or expended shall not exceed
$105,000.00 without further authorization of Council. Upon the
acceptance of any offer and upon delivery to the City of a deed,
approved as to form and execution by the City Attorney, the Director
of Finance is directed to pay the respective consideration to the
owners of the interest conveyed, certified by the City Attorney to be
entitled to the same.
3. Should the City be unable to agree with the owner of any
real estate over which an easement is required or should any owner be
a person under a disability and lacking capacity to convey real
estate or should the whereabouts of the owner be unknown, the City
Attorney is authorized and directed to institute condemnation or
legal proceedings to acquire for the City the appropriate property
rights.
4. In instituting or conducting any condemnation proceeding,
the City Attorney is authorized to make motion on behalf of the City
for entry of an order, pursuant to S25-46.8, Code of Virginia (1950),
as amended, granting to the City a right of entry for the purpose of
commencing the project. The Director of Finance, upon request of the
City Attorney, shall be authorized and directed to drawn and pay into
court the sums offered to the respective owners.
5. In order to provide for the usual daily operation of the
municipal government,
ordinance shall be in
an emergency is deemed to exist, and
full force and effect upon its passage.
ATTEST:
this
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32359-012395.
VIRGINIA
AN ORDINANCE to amend and reordain certain sections of the
1994-95 Sewage 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 1994-95 Sewage Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
A ro riations
Capital Outlay
Infiltration/Inflow Property
Rights Acquisition (1) ............................
Retained Rarnlnms
Retained Earnings - Unrestricted (2) ................
$ 19,621,658
105,000
16,281,252
1} Appropriated
from General
Revenue
2) Retained
Earnings -
Unrestricted
(003-056-8464-9003)
(003-3336)
$ 105,000
(105,000)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
January 23, 1995
Report No. 95-306
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Infiltration/Inflow (I/I)
Reduction Program
The attached report was considered by the Water Resources
Committee at its regular meeting on January 9, 1995. The
Committee recommends that Council take the following action:
Authorize the acquisition of permanent and
temporary construction easements~ as required~
across property identified in Attachments B, C, D,
and E of the attached report, by making offers
based on appraisals and institute condemnation if
necessary for the six I/I Projects shown on
Attachment A.
Appropriate $105~000 from the Sewer Fund Retained
Earnings account to an account to be established
by the Director of Finance entitled I/! Property
Rights Acquisition.
Respectfully submitted,
Del adden, Vice Chairperson
Water Resources Committee
DOM:KBK:afm
Attachments
cc:
W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Real Estate Agent
Delores D. Daniels, Assistant to City Manager for Community
Relations
Ellen Evans, Construction Cost Technician
Rosemary Trussell, Accountant, Contracts & Fixed Assets
Diane Akers, Budget Administrator
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
95-306
DATE:
January 9, 1995
TO:
FROM:
Members, Water Resources Committee
Kit B. Kiser, Dire~t~_.~tilities and Operations thru
W. Robert Herbet-t~ Manager
SUBJECT: INFILTRATION/INFLOW (I/I) REDUCTION PROGRAM
Background on the subject in chronological order is as follows:
City of Roanoke, Roanoke County, City of Salem, Town of Vinton, and
Botetourt County received a Special Consent Order from the State Water
Control Board in June of 1992 to address the infiltration/inflow being
experienced at the Water Pollution Control Plant.
B. Sewershed Evaluation Plan was submitted to the State Water Control
Board on September 9, 1992. Correcting problems in six of the fifteen
sewersheds identified was deemed to be the most cost-effective and
would have the most significant impact on reducing I/I to the plant.
Consultant contract awarded at City Council's re.qular meetin.q of
March 8, 1993, included various design servic~ identified through the
sewershed infiltration/inflow (Iff) reduction studies. The contract
anticipated subsequent phases to be based on preliminary design studies.
Two proiects previously under construction, PC-1 and PC-2, have been
completed.
II.
Current situation is as follows:
Six proiects are currently under desiqn. Construction on some projects
could begin as early as March of 1995 if the necessary property rights
have been acquired.
The maiority of the proposed construction will take place in existing
sanitary sewer easements. Some existing sanitary sewers are being
relocated to minimize impact to structures in the vicinity. These
situations will require the acquisition of replacement easements. Also,
existing easements do not provide for the temporary use of adjacent
property for construction purposes (construction easements); therefore,
Members, Water Resources Committee
INFILTRATION/INFLOW (I/I) REDUCTION PROGRAM
January 9, 1995
Page 2
it is necessary for the City to acquire additional easement rights to
construct the projects·
Authorization is needed to move forward with title work, appraisals,
negotiations, and closings for acquisition of property rights. Property
rights to be acquired are permanent easements and construction
easement.
Ill.
Issues in order of importance are as follows:
A. Need
B. Timing
C. Estimated cost
D. Funding
IV.
Alternatives in order of feasibility are as follows:
Committee recommends that City Council authorize the acquisition of all
property rights needed in connection with the six projects currently being
designed as shown on Attachment A and providing no insurmountable
environmental problems are encountered. Said property rights will be
permanent and temporary construction easements across property
identified in Attachments B, C, D, and E.
Need for property rights acquisition has been established by
design of I/I projects.
Timing of property rights acquisition is critical to avoid delay of
project schedules.
Estimated cost to acquire the necessary property rights totaling
$105,000 is further broken down in Attachment A.
Funding totaling $105,000 is available in the current Sewer Fund
Retained Earnings account and may be appropriated to an account
to be established by the Director of Finance entitled I/I Property
Rights Acquisition.
Committee does not recommend that City Council authorize the,
acquisition of property r .qhts
Members, Water Resources Committee
iNFILTRATION/INFLOW (I/I) REDUCTION PROGRAM
January 9, 1995
Page 3
Need for property rights acquisition established by design of I/I
projects would not be met.
Timing would cause delay of projects if property rights are not
acquired.
Estimated cost would need to be reevaluated if the projects are
ever approved to proceed to the property rights acquisition stage.
Fundinq would remain in Sewer Fund Retained Earnings account.
Recommendation is as follows:
Committee recommends that City Council concur in Alternative "A" and take
the following action:
Authorize the acquisition of permanent and temporary construction
easements, as required, across property identified in Attachments B, C,
D, and E by making offers based on appraisals and institute
condemnation if necessary for the six I/I Projects shown on
Attachment A.
Appropriate $105,000 from the Sewer Fund Retained Earnings account
to an account to be established by the Director of Finance entitled I/I
Property Rights Acquisition.
WRH/KBK/JGB/SEF/kh
Attachments
CC:
City Attorney
City Clerk
Director of Finance
Director of Public Works
Director of Utilities and Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
ATTACHMENT A
Lick Run 2 (LR-2)
Lick Run 3 (LR-3)
Lick Run 5 (LR-5)
Garden City 1 (GC-1)
Peters Creek 6A (PC-6A)
Murray Run 1 (MR-l)
Estimated Total
$ 5,000.00
10,000.OO
10,000.00
60,000.00
10,000.00
1 O,000.O0
9105,000.00
ATTACHMENT B
LICK RUN
LR-2
Property Owner
Maury L. and Sheila S. Strauss
Krisch Realty Associates
U. S. Golf Properties, L.P.
Tax Number
646O1O1
646O1O5
6472302
LR-3
Property Owner
First Union Bank
Glenn W. Ramsey, et. al.
Glenn W. and Martha S. Ramsey, et. al.
Glenn W. Ramsey, et. al.
T. A. Carter, Jr.
Tax Number
2490102
2490103
2480113
2480114
6450115
LR-5
Property Owner
Ruth B. Lemon
Westwind II Associates
Thomas W. and Rebecca T. Hale
Tax Number
2471401
2480161
2471402
3
5
LICK RUN
ATTACHMENT C
GARDEN CITY
GC-1
Property Owner
Donald M. and Muriel A. Anderson
James D. Poindexter, Jr.
H. Donald and Betty F. Thacker
Warren C. and Nannie R. Andrews
Terry L. and Polly A. Wright
Charlie M. Jr. and Madeliene A. Jackson
Gerald R. and Barbara H. Sullivan
Nelson W. and Cathy A. Atkins
Fralin & Waldron, Inc.
Nancy Mary Patsel
Jeffrey Lynn Ferguson
Robert W. and Dee Ann L. Gray
Clyde C. Jr. and Susan F. Stump
Patsy Weaver Murphy, et. al.
Clinton H. Mills
Wayne M. and Katherine F. McGhee
Cecil B. and Arlene Reed Shaver
Thomas W. and Barbara F. Moore
Roser Lee Guilliams
Norman R. Vaden
Baxter J. and Ola G. Martin
W. R. and Sharon A. Sowers
Terry R. and Angela C. Wright
Johnny R. and Ruth D. Miller
Gregory L. and Stefani G. Reynolds
Tammy S. and Mark A. White
Kenneth D. and Francis P. Green
Erik K. Heidman
Terry Leonard and Mildred B. Lucas
Jody L. and Lisa L. Anderson
Tax Number
4290110
4290104
4290105
4290108
4290107
4290101
4290109
4290102
4280701X
4290203
4290204
4290218
4290219
4290302
4290304
4290320
4300102
4300125
4300124
4300123
4300105
4300112
4300127
4300122
4300121
4300120
4300119
4300106
4300133
4300135
~7~7
MILL
GC 1
t
GARDEN 'CITY
ATTACHMENT D
PETERS CREEK 6A
PC-6A
Property Owner
Roanoke Electric Steel Corp.
Roanoke Electric Steel Corp.
Norfolk Southern Railway
Tax Number
6021107
6021104
PC 6A
PETERS .CREEK
ATTACHMENT E
MURRAY RUN
Property Owner
Jean B. Williams
Region Properties, Inc.
Region Properties, Inc.
MR-1
Tax Number
1490117
1490201
1490202
IR I
(41
.\
MURRAY RUN
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of January, 1995.
No. 32362-012395.
AN ORDINANCE providing for the acquisition of property rights
needed by the City for the Walnut Avenue Bridge Replacement
Project; setting a certain limit on the consideration to be offered
by the City; providing for the City's acquisition of such property
rights by condemnation, under certain circumstances; authorizing
the City to make motion for the award of a right of entry on any of
the parcels for the purpose of commencing the project; and
providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. For the Walnut Avenue Bridge Replacement Project, the
City wants and needs certain easements, together with temporary
construction easements and rights of ingress and egress, as more
specifically set forth in the report and attachments thereto to
this Council dated January 23, 1995, on file in the Office of the
City Clerk. The proper City officials are authorized to acquire
for the City from the respective owners the necessary easements
with appropriate ancillary rights with respect to the parcels, for
such consideration as the City Manager may deem appropriate,
subject to the limitation set out below and subject to applicable
statutory guidelines.
2. The total consideration offered or expended for the
parcels shall not exceed $60,000.00 without further authorization
of Council. Upon the acceptance of any offer and upon delivery to
the City of a deed, approved as to form and execution by the City
Attorney, the Director of Finance is directed to pay the respective
consideration to the owners of the interest conveyed, certified by
the City Attorney to be entitled to the same.
3. Should the City be unable to agree with the owner of any
real estate over which an easement is required or should any owner
be a person under a disability and lacking capacity to convey real
estate or should the whereabouts of the owner be unknown, the City
Attorney is authorized and directed to institute condemnation or
legal proceedings to acquire for the City the appropriate property
rights.
4.
the City
In instituting or conducting any condemnation proceeding,
Attorney is authorized to make motion on behalf of the
City for entry of an order, pursuant to S25-46.8, Code of Virginia
(1950), as amended, granting to the City a right of entry for the
purpose of commencing the project. The Director of Finance, upon
request of the City Attorney, shall be authorized and directed to
drawn and pay into court the sums offered to the respective owners.
5. In order to provide for the usual daily operation of the
municipal government,
ordinance shall be in
an emergency is deemed to exist, and this
full force and effect upon its passage.
ATTEST:
City Clerk.
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32361-012395.
VIRGINIA
AN ORDINANCE to amend and reordain certain sections of the
Fund Appropriations, and providing for an
1994-95 Capital
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 1994-95 Capital Fund
Appropriations, be, and the same are hereby, amended and reordained
to read as follows, in part:
o ' 'OhS
Streets and Bridges
Walnut Avenue Bridge Replacement
1) Appropriated
from General
Revenue
(1) ..............
(008-052-9684-9003)
60,000
8,349,996
354,600
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
January 23, 1995
Report No. 95-305
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Walnut Avenue Bridge over Roanoke River
Acquisition of Property Rights
The attached report was considered by the Water Resources
Committee at its regular meeting on January 9, 1995. The
Committee recommends that Council take the following action:
Authorize the acquisition of property riqhts, as
more specifically identified in Attachment A of
the attached report, by making offers based on
appraisals and institute condemnation if necessary
for the Walnut Avenue Bridge project.
Appropriate $60~000 from the Transfer to Capital
Projects Account No. 001-004-9310-9508 to the
Walnut Avenue Bridge Replacement Account No. 008-
052-9684-9003.
Construction scheduling was discussed. It is my
understanding that the current plan is to demolish the old
structure during the winter months, beginning in October or
November, 1995, thereby giving the entire 1996 construction
season to construct the new structure. The bridge would be out
for approximately 12 months. If demolition is not begun until
Honorable Mayor and City Council
January 23, 1995
Page 2
the spring of 1996, it is felt that sufficient reconstruction
time would not be available in 1996 and the bridge would be out
for approximately 15 months (until summer of 1997).
Respectfully submitted,
~~,~CCadden, Vice Chairperson
Water Resources Committee
DOM:KBK:afm
Attachments
cc: W. Robert Herbert, City Manager
Wilburn C. Dibling, Jr., City Attorney
James D. Grisso, Director of Finance
Kit B. Kiser, Director of Utilities & Operations
Charles M. Huffine, City Engineer
Sarah E. Fitton, Real Estate Agent
Delores D. Daniels, Assistant to City Manager for Community
Relations
Ellen Evans, Construction Cost Technician
Rosemary Trussell, Accountant, Contracts & Fixed Assets
Diane Akers, Budget Administrator
95-305
CITY OF ROANOKE
INTERDEPARTMENTAL COMMUNICATION
DATE:
January 9, 1995
TO:
FROM:
Members, W. ater Resources Committee
Kit B. Kiser, Dir~ct~tilities and Operations, thru
W. Robert Herbeft~C~'~y Manager
SUBJECT: WALNUT AVENUE BRIDGE OVER ROANOKE RIVER
ACQUISITION OF PROPERTY RIGHTS
Background on the subject in chronological order is as follows:
A. Walnut Avenue Bridge over the Roanoke River was built in the 1890's.
B. The bridge was raised to match the grade of the new bridge over the
railway tracks in the 1920's.
C. Last maior work was done in 1977 when the bridge was painted.
D. Inspection of the bridge is made on an annual basis. In the last several
years, inspection has determined that the major components of the
bridge are in marginal or poor condition.
E. Load rating analysis was performed in November, 1993. The posted
limit has been reduced from 10 tons to 8 tons. This reduction limits the
use of the bridge.
Preliminary enqineering report has been completed.
II.
Current situation is as follows:
Walnut Avenue Bridge replacement is currently under design, and
construction is scheduled for the Fall of 1995.
Authorization is needed to move forward with title work, appraisals,
negotiations, and closings for acquisition of property rights. Property
rights to be acquired are shown on Attachment A.
Members, Water Resources Committee
WALNUT AVENUE BRIDGE OVER ROANOKE RIVER
ACQUISITION OF PROPERTY RIGHTS
January 9, 1995
Page 2
III.
Issues in order of importance are as follows:
A. Need
B. Timinq
C. Estimated cost
D. Funding
IV. Alternatives in order of feasibility are as follows:
Committee recommends that City Council authorize the acquisition of all
property rights needed in connection with the Walnut Avenue Bridge
project, currently being designed, and providing no insurmountable
environmental problems are identified. Said property rights are identified
in Attachment A.
Need for property rights acquisition has been established by design
of the Walnut Avenue Bridge project.
Timing of property rights acquisition is critical to avoid delay of
project schedule.
3. Estimated cost to acquire necessary property rights totals
$60,000.00, property owners are identified in Attachment "A".
Fundinq totaling $60,000.00 is available in the Transfer to Capital
Projects Account No. O01-004-9310-9508 and may be appropriated
to the Walnut Avenue Bridge Replacement Account No. 008-052-
9684-9003.
Members, Water Resources Committee
WALNUT AVENUE BRIDGE OVER ROANOKE RIVER
ACQUISITION OF PROPERTY RIGHTS
January 9, 1995
Page 3
Committee recommends that City Council not authorize the acquisition
of property rights.
Need for property rights acquisition established by design of the
Walnut Avenue Bridge project would not be met.
Timing would cause delay of the project if property rights are not
acquired.
Estimated cost would need to be reevaluated if the project is ever
approved to proceed to the property rights acquisition stage.
4. Funding would remain in the Transfer to Capital Projects account.
V. Recommendation is as follows:
Committee recommends that City Council concur in Alternative "A" and take
the following action:
Authorize the acquisition of property rights as more specifically identified
in Attachment A by making offers based on appraisals and institute
condemnation if necessary for the Walnut Avenue Bridge project·
Appropriate $60,000 from the Transfer to Capital Projects account No.
001-004-9310-9508 to the Walnut Avenue Bridge Replacement account
No. 008-052-9684-9003.
WRH/JGB/SEF/fm
Attachments
cc: City Attorney
Director of Finance
Director of Public Works
Director of Utilities & Operations
Assistant to City Manager for Community Relations
City Engineer
Construction Cost Technician
Accountant, Contracts and Fixed Assets
Budget Administrator
ATTACHMENT A
WALNUT AVENUE BRIDGE
PROPERTY OWNER
TAX NO.
Claude N. Smith
James B. Robertson
Gates Petroleum Company
Appalachian Electric Power
4030615
4031115
4031501
4031301
/ /
MARY F. PARKER, CMC/AAE
Ci~ Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #514
Mr. Manley C. Butler, Jr.
2848 S. Jefferson Street
Roanoke, Virginia 24011
Dear Mr. Butler:
I am enclosing copy of Ordinance No. 32341-012395 permanently vacating,
discontinuing and closing a certain segment of 19th Street, N. W., located between
London Avenue to the north and Centre Avenue to the south, and bounded by
Block 23 of Hyde Park Subdivision to the west and by Block 22 of Hyde Park
Subdivision to the east; and a certain segment of a 15-foot wide ailey running from
19th Street eastward approximately 240 feet to the westernmost boundary of the tract
referred to as Official Tax No. 2211814, being the same portion of the ailey located
directly south of applicant's property. Ordinance No. 32341-012395 was adopted by
the Council of the City of Roanoke on first reading on Monday, January 9, 1995, also
adopted by the Council on second reading on Monday, January 23, 1995, and will
take effect ten days following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Ene.
pc:
Mike's Used Auto Parts, Inc., 1910 London Avenue, N. W., Roanoke, Virginia
24016
Littlefield Adams Co., c/o Collegiate Pacific Co., P. O. Box 210, Roanoke,
Virginia 24002
Trustees of Victory Christian Center, 1806 London Avenue, N. W., Roanoke,
Virginia 24017
Mr. Maniey C. Butler, Jr.
January 24, 1995
Page 2
pc:
Valley Trucking Co., P. O. Box 13424, Roanoke, Virginia 24033
Q. M. Tomlinson, Inc., P. O. Box 11724, Roanoke, Virginia 24022
Mr. A. Byron Smith, P. O. Box 312, Roanoke, Virginia 24003
Mr. James Crouch, Jr., 7955 Jaywood Road, Seminole, Florida 34647
Mr. Robert L. Shepperd, 322 Timberline Trail, Vinton, Virginia 24179
Mr. and Mrs. Lawrence D. Lee, Jr., 1801 Centre Avenue, N. W., Roanoke,
Virginia 24017
John R. Marlles, Agent, City Planning Commission
Martha P. Franklin, Secretary, City Planning Commission
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 I-I 536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #514
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am enclosing copy of Ordinance No. 32341-012395, for recordation in your office,
permanently vacating, discontinuing and closing a certain segment of 19th Street,
N. W., located between Loudon Avenue to the north and Centre Avenue to the south,
and bounded by Block 23 of Hyde Park Subdivision to the west and by Block 22 of
Hyde Park Subdivision to the east; and a certain segment of a 15-foot wide alley
running from 19th Street eastward approximately 240 feet to the westernmost
boundary of the tract referred to as Official Tax No. 2211814, being the same portion
of the alley located directly south of applicant's property. Ordinance No. 32341-
012395 was adopted by the Council of the City of Roanoke on first reading on
Monday, January 9, 1995, also adopted by the Council on second reading on Monday,
January 23, 1995, 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. Manley C. Butler, Jr., 2848 S. Jefferson Street, Roanoke, Virginia 24011
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32341-012395.
VIRGINIA,
AN ORDINANCE permanently vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
W~EREAS, Manley C. Butler, Jr., filed an application to the
Council of the City of Roanoke, Virginia, in accordance with law,
requesting the Council to permanently vacate, discontinue and close
the public rights-of-way described hereinafter; and
WHEREAS, the City Planning Commission, 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 January 9, 1995, after due and timely notice
thereof as required by S30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
rights-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City
Roanoke, Virginia, that the public rights-of-way situate in
City of Roanoke, Virginia, and more particularly described
folxows:
Parcel One: That certain segment of 19th Street (275'
long and 50' wide) located between Loudon Avenue, N.W. to
the north and Centre Avenue, N.W. to the south, and
bounded by Block 23 of Hyde Park Subdivision to the west
and by Block 22 of Hyde Park Subdivision to the east; and
Parcel Two: That certain segment of a 15' wide alley
(which alley bisects Block 22 of Hyde Park Subdivision in
the City of Roanoke and is bounded by 19th Street to the
west, lSth Street to the east, Loudon Avenue, N.W. to the
north and Centre Avenue, N.W. to the south) running from
19th Street eastward approximately 240' to the
westernmost boundary of the tract referred to in Tax Map
No. 2211814, being the same portion of the alley located
directly south of applicant's property,
of
the
as
be, and hereby are, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the rights-of-way, reserving however, to the City of Roanoke and
any public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public rights-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
2
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public rights-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
rights-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording a subdivision plat,
providing for the disposition of the land within the rights-of-way,
to be vacated, in a manner consistent with the requirements of
Chapter 31, Subdivision, of the City Code, and providing for the
retention of appropriate easements, together with the right of
public passage over the same, for the purpose of construction,
repair and general maintenance of any and all utilities that may
exist within said rights-of-way; and in the event these conditions
have not been met and the said plat has not been recorded in the
Office of the Clerk of Circuit Court within six (6) 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 rights-of-way
on all maps and plats on file in his office on which said rights-
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 FINALLY ORDAINED that the Clerk of the Council deliver
to the Clerk of the Circuit Court of the City of Roanoke, Virginia,
3
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 Manley C.
But±er, Jr., and the names of any other parties in interest who may
so request, as Grantees.
ATTEST:
City Clerk.
4
~!! :~anoke City Planning Commission
January 9, 1995
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Manley C. Butler, Jr., that a portion of 19th Street, N.W.,
running between Loudon Avenue, N.W., and Centre Avenue, N.W.,
bounded by Blocks 22 and 23 of Hyde Park Subdivision; and a certain
segment of 15 foot wide alley extending from 19th Street eastward
approximately 240 feet to the westernmost boundary of a tract of land
described as Official Tax No. 2211814, be permanently vacated,
discontinued and closed.
ho
Application is a request for the City to close and vacate a one block segment of
undeveloped public street right-of-way and a portion of an undeveloped public
alley right-of-way.
Section of 19th Street. N,W,, requested for closure extends between the
commercial enterprises of Shenandoah Robes at 1816 Loudon Avenue and Mike's
Auto Parts at 1910 Loudon Avenue. Alley section requested for closure extends
along the rear of the buildings housing Shenandoah Robes and Victory Christian
Center at 1811 Loudon Avenue.
RighB-of-way of the subject 19th Street and the alley are undeveloped and
overgrown with weeds and brush and do not appear to have been used in recent
times for any public access purposes.
Secti n of 19th ree as requested for closure is approximately 275 feet long and
50 feet wide, encompassing a total area of approximately 13,750 square feet.
Subject alley section is approximately 240 feet long and 15 feet wide.
Room 162 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
II.
III.
IV.
A. Aoolication was received on October 13, 1994.
B. ~ that the applicant desires to use the land within the vacated
rights-of-way to install a security fence around the perimeter of his property
(Shenandoah Robes, 1816 Loudon Avenue, N.W.) and to provide better access
to the building's loading dock and dumpster.
C. Owners' of orooerties abutting the subject 19th Street and the alley, are set out
in the petitioner's application to vacate, discontinue and close the above section
of street and alley.
D. Owner of abuttim, tax _o~1 number 2211815 objected to the closure of that
portion of the alley extending from 18th Street, N.W., to the rear of his parcel.
Owner of this parcel does not object to the closure of the remainder of the alley.
E. ~ was filed on December 9, 1994, requesting that only a
portion of the alley be closed, in response to objection raised by an abutting
property owner.
Issues:
A.
B.
C. Utilities within the nublic riehts-0f-way.
D. Creation of a dead-end street or alley.
E. Land use.
F. Relationship to the comprehensive plan.
Alternatives:
A. Annrgv0 the applicant's request to close and vacate the described sections of 19th
Street and the public alley, subject to specific conditions outlined in Section V.
of this report.
1. iI l i erlm kimm :
Members of Council
Page 3
All abutting property owners have been notified of this request for
street and alley closure.
be
City staff have not received any further calls or correspondence in
opposition to the requested closures.
Closure will not adversely effect any current use of any abutting
properties.
~: Closure will have no effect on traffic or traffic needs in
the area.
3. Utilities within the oublic right-of-way:
a. City has no utilities within the subject rights-of-way.
Private utility company (Bell Atlantic) has a facility in the right-of-
way.
c. Easements will be retained for this facility.
Creation of a dead-end street or alloy; Alley portion remaining is being
retained to provide access to only one abutting property.
Land us~: Closure and vacation of the subject rights-of-way will change
existing street and lot lines. Subdivision plat should be required to
properly dispose of the land within the vacated right-of-way in a legal and
appropriate means.
Relationship to the comprehensive olan. Request is consistent with the
intent of the comprehensive plan that available land should be used in the
most appropriate manner.
D~ny the applicant's request to close and vacate the described sections of 19th
Street and the public alley.
1. ~]~ Would not be an issue.
2. T ffi~: Would not be an issue.
3. Utilities within the public right-of-way: Would not be an issue.
4. Creation of a dead-end street or alloy: Would not be an issue.
Members of Council
Page 4
Land u~: Retaining unneeded and unproductive land as useless rights-of-
way would be inconsistent with sound planning practices.
6. Relafionshiv to the comvrehensive plan.
City has no current or future plans to utilize the subject rights-of-
way for public purposes.
Retaining the land for purposes of future public use would be
inconsistent with the intent of the comprehensive plan.
Planning Commission. by a vote of 7-0. recommends that Ci_ty Council ar>vrove
~ thereby approving the applicant's request to close the described s~tions
of 19th Street, N.W., and the public alley, subject to the following conditions:
go
The applicant shall submit to the City, receive approval thereof, and record with
the Clerk of Circuit Court, a subdivision plat providing thereon for the following:
Disposition of the land within the vacated rights-of-way in a manner
consistent with the requirements of Chapter 31, Subdivisions, of the Code
of the City of Roanoke (1979), as amended.
Retention of appropriate easements, together with the right of public
passage over the same for surface and subsurface installation, repair or
maintenance of any and all utilities that may be located therein.
If the above-cited subdivision plat is not approved by the City and recorded by
the applicant within a period of six (6) months from the date of an 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
JRM:ERT:mpf
attachment
cc: Assistant City Attorney
Director of Public Works
Members of Council
Page 5
City Engineer
Building Commissioner
Zoning Administrator
Petitioner
IN ~ COUNCIL OF THE CITY OF ROANOKE, VIRGIN~_
I~W~ST AMENDED APPLICATION
OF MANLEY C. BUTLER, .IR.
FOR VACATINO, DISCONTINUING AND CLOSING OF
STREET AND ALLEY
MEMBERS OF COUNCIL:
MANLEY C. BUTLER, .IR. applias to have one certain block of Ninotcmth (19th) Strict N.W.
(~fcrmd to I~ ,~ "Parcel One') and a portion of the alloy between Centre Avem~. N.W. and Loudon
Avenue N.W. (refereed to he,in as "Pm'col Two"), both in tho City of Rommko, Vir~'~i* po~memly
vacaled, disooufiunzd and closed, pmsunnt to V~i,~ia Code Section 15.1.364 and Sz~ion 30-14, Code of
the City of Ro~okz (1979), as amznded. ~ street and portion of the alloy tu~ more pmticularly
described on tho ms~ ,~--~d hzreto as Exhibit A and as follows:
PARCEL ONE: Tht cefl~in scsment of 19th Stra~ (275' Ion8 and 50'
wide) locatted Ix~wee~ Loudon AvaJu~ N.W. to tho north and Ccnt~
Aveuu~ N.W. to tho south, and bonnded by Block 23 of Hyde Perk
Subdivision to the west end by Block 22 of Hyde .Pm, k Subdivision to the
east, in tho City of Roenoke.
PARCEL TWO: Tlmt ~ s~m~nt of a 15' wide alloy (whid~ alloy
bL_-e~_ Blodt 22 of Hyde Park Subdivi~'on in thz City of Ronno~ nmi is
bonndod by l~h Streat to tho wes~ lgth Sm~et M the oas~ Loudon
Avmuo N.W. to the noflh end ConUe Av~nu~ N.W. to tho south)
fi'om 19th Street eastwsrd 8ppro~ 240' to the westernmost
bou~ of tho tract re~ermd to in Tax lVlap #2211514; beh8 the sm~e
poflion of the alley loceted directly south of the epplicmr s p~opmy.
(1) The ~et and all~ to bo vac, amd am not pmsmfly bein~ u~d, m~ unpav~l, and m-~
ov~owa with weede and bn~h.
(2) The applicant is the owner of Lots 9 thro.~h 13, Block 22, Hyde Park Subdivision; this
propomy includ~ a ~ building locally known as 1816 Loudon Aveuuz N.W. The applicant
desires to use the sUeet and the po~on of the alley to be vac~t__~_ to install a seou'it7 fence mound the
entire perimeter of his property, ~o provide better nccess to the buildins's iondin8 dock nnd du-mpster, and
completely supersede and replace his npplication a,~,d and filed on October 12, 1994.
WHEREFORE, MANLEY C. BUTLER, JR. respec~ requests tim the above described street
and portion of th~ ahoy bo rasped by th~ Council of th~ City of Romoke, Vi~_'nln. in accordm~e
Virsinia Code Section 15.1.364 and Seclion 30-14, Cod~ oftl~ City ofRoanoim (19'/9), as nmended.
Pt~I~IONER:
2
PROPEI~TY OWNERS AFFECTED BY PROPOSED STREET AND ALLEY
(APPLICATION OF MANLEY C. BUTLER. JR.)
M~.~ke's Used Auto Paxts, Inc.
1910 Loudon Ave. N.W.
Roanoke~ VA 24016
Manley C. B~, Jr.
2848 South Jefferson St.
Ro~oke~ VA 24014-3320
~ of V'~nty Chriatian Crater
1806 Loudon Ave. N.W.
Roanoi~ VA 24017
vaney co.
P.O. Box 13424
Roanok~ VA 24033
Q. M. Tonaimon, h~o.
P.O. Box 11724
Roanok~ VA 24022
P.O. Box 312
goanok~ VA 2400a
Prapm70waad
Tax Map #2310401
Lota 9 ~ 16, Block 23, Hyde Park Subdivision
plus 1/2 of vacated alley south of Lots 9-16
Tax Map #2211801
Lots 9 through 13, Block 22, Hyde Park Subdivision~
Tax ~ #'a 2211806, 2211807 and 2211808
Lots 14 lhroush 16, Block 22, Hyde Park
Subdiiv~on
Tax Map ~v2310417
i Lot 8, Block 23, Hyde Park Sulxlivimon
Tax Map #'$ 221 lg09, 2211810 and 221 lgl 1
Lots I th~ 3, Block 22, Hyde Park Subdivision
Tax Map #'s 2211812 and 2211813
Lot 4 and wes~ I~t of LOt 5, Block 22, Hyde Park
Subd~6on
Tax Map/82211814
East 10' ofLo~ 5, nn of Lot 6, and weat 20' of Lot 7,
Block 22~ Hyde Pa~k Sobdivision
Tax Map ~2211815
East porlion of LOt ? and w~t 10' of LOt 8, Block 22,
Tax M~p #2211816
East 40' of I~Y~ 8, Bloc, k 22, Hyde Park Subdivision
PkOPOSED STREET
and ALLEY CLOSURES
, I:
q.l. -- HABITAT FOR HU~NITY, INC.
I
J
MIKE'S USED AUTO PARTS
Igl0 LOUDON AVENUE N.W. ROANOKE, VIRGINIA 24017
(703) 342-0040
November 29, 1994
Roanoke City Planning Commission
Room 162, Nunicipal Bldg.
215 Church Avenue, S. W.
Roanoke, Virginia 24011
Attention: Er. Ted Tucker
Dear Er. Tucker:
I have met with Er. Nanley C. Butler, Jr. and have estab-
lished where the dividing line will be in permanently
closing of 19th Street, N. W.
We have no objections in permanently closing the portion
of 19th Street, N. W. running between Loudon Avenue, N. W.
and Centre Avenue N. W. bounded by Blocks 22 and 23 of
Hyde Park Subdivision. Also, the alleyway running between
said portion of 19th Street, N. W. and 18th Street, N. W.
in Block 22 of Hyde Park Subdivision.
Sincerely,
CC:
Er. Eanley C. Butler, Jr.
1816 Loudon Avenue, N. W.
Roanoke, Virginia 24017
MARY F. PARKER, CMC/AAE
Cit~ Clerk
CITY OF ROANOKE
OFF[CE OF THE CITY CLERK
215 Church A'~cnuc, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Dcpul; Cit; Clerk
December 22, 1994
File #514
Mr. Manley C. Butler, Jr.
2848 S. Jefferson Street
Roanoke, Virginia 24011
Dear Mr. Butler:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
your request that a certain segment of 19th Street, N. W., located between Loudon
Avenue, N. W., to the north and Centre Avenue, N. W., to the south, and bounded
by Block 23 of Hyde Park Subdivision to the west and by Block 22 of Hyde Park
Subdivision to the east; and a certain segment of a 15-foot wide alley running from
19th Street eastward approximately 240 feet to the westernmost boundary of the tract
referred to as Official Tax No. 2211814, being the same portion of the alley located
directly south of applicant's property, be permanently vacated, discontinued and
closed.
For your information, I am enclosing copy of a notice of the public hearing, an
Ordinance and a report of the City Planning Commission with regard to the request
for street closure. Please review the documents and if you have questions, you may
contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with
regard to the Planning Commission report should be directed to John R. Marlles,
Chief of Community Planning, at 981-2344.
It will be necessary for you or your representative to be present at the January 9
public hearing. Failure to appear could result in a deferral of the request for street
closure until a later date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Jan
EHC.
Mr. Manley C. Butler, Jr.
December 22, 1994
Page 2
pc:
Mike's Used Auto Parts, Inc., 1910 Loudon Avenue, N. W., Roanoke, Virginia
24016
Littlefield Adams Co., c/o Collegiate Pacific Co., P. O. Box 210, Roanoke,
Virginia 24002
Trustees of Victory Christian Center, 1806 Loudon Avenue, N. W., Roanoke,
Virginia 24017
Valley Trucking Co., P. O. Box 13424, Roanoke, Virginia 24033
Q. M. Tomlinson, Inc., P. O. Box 11724, Roanoke, Virginia 24022
Mr. A. Byron Smith, P. O. Box 312, Roanoke, Virginia 24003
Mr. James Crouch, Jr., 7955 Jaywood Road, Seminole, Florida 34647
Mr. Robert L. Shepperd, 322 Timberline Trail, Vinton, Virginia 24179
Mr. and Mrs. Lawrence D. Lee, Jr., 1801 Centre Avenue, N. W., Roanoke,
Virginia 24017
,~D NUMBER - 12234119i~
PUBLISHER'S FEE - ~143.)~)
CITY OF ROANOKE
C/O MARY F PARKER
CITY CLERKS OFFICE
ROOM 456 MUNICIPAL BLOG
ROANOKE VA 24011
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, ITHE UNOERSIGNED} AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION~ WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES C 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 FgLLOWING DATES
12/23/9~ MORNING
12/30/94 MORNING
WITNESS, THIS I~Y ~f~jA~UARY 1995
AUTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, January 9, 1995, at 7:00 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:
Parcel One: That certain segment of 19th Street (275'
long and 50' wide) located between Loudon Avenue, N.W. to
the north and Centre Avenue, N.W. to the south, and
bounded by Block 23 of Hyde Park Subdivision to the west
and by Block 22 of Hyde Park Subdivision to the east.
Parcel Two: That certain segment of a 15' wide alley
(which alley bisects Block 22 of Hyde Park Subdivision in
the City of Roanoke and is bounded by 19th Street to the
west, 18th Street to the east, Loudon Avenue, N.W. to the
north and Centre Avenue, N.W. to the south) running from
19th Street eastward approximately 240' to the
westernmost boundary of the tract referred to in Tax Map
No. 2211814, being the same portion of the alley located
directly south of applicant's property.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 215~ day of December , 1994.
Mary F. Parker, City Clerk.
Publish in the Roanoke Times and World-News, once on Friday', December 23, 1994,
and once on Friday, December 30, 1994.
Send publisher's affidavit and bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAK1N
Deputy City Clerk
December 9, 1994
File #514
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 amended application from Maniey C. Butler, Jr., requesting that a
portion of 19th Street, N. W., located between Loudon Avenue and Centre Avenue,
bounded by Blocks 22 and 23, Hyde Park Subdivision; and a certain segment of a
15 foot wide ailey extending from 19th Street eastward approximately 240 feet to the
westernmost boundary of a tract of land described as Official Tax No. 2211814, be
permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
a/butler
Ene.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. Maniey C. Butler, Jr., 2848 S. Jefferson Street, Roanoke, Virginia 24011
John R. Marlles, Agent, City Planning Commission
Ronald H. Miller, Building Commissioner
Steven J. Taievi, Assistant City Attorney
TO THE CITY CLERK OF THE City OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET AND ~L~T ~L(~S~URE REQUEST OF:
Request from Manley C. Buffer, Jr., to close a portion of 19th Street )
NW, between Loudon and Centre, and alleyway between 18th and 19th,)AFFIDAVIT
NW. )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franldin, first being duly sworn, states that she Secretary of the
Roanoke City 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 November, 1994, notices of a public hearing
to be held on the 7th day of December, 1994, on the closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel Owner. A~,ent or Occupant Address
Mike's Used AUto Parts, Inc.
Manley C. Buffer, Jr.
Litffefield Adams Co.
c/o Collegiate Pacific Co.
Trustees of Victory Christian Center
2310401
2211801
2211806
2211807
2211808
2310417
2211809
2211810
2211811
2211812
2211813
2211814
2211815
2211816
Valley Trucking Co.
Q. M. Tomlinson, Inc.
A. Byron Smith
James Crouch, Jr.
Robert Lee Shepperd
Lawrence D. Lee, Jr.
Ruby A. Lee
1910 Loudon Avenue, NW
Roanoke, VA 24016
2848 S. Jefferson Street
Roanoke, VA 24014-3320
Box 210
Roanoke, VA 24002
1806 Loudon Avenue, NW
Roanoke, VA 24017
P.O. Box 13424
Roanoke, VA 24033
P. O. BOx 11724
Roanoke, VA 24022
P. O. BOx 312
Roanoke, VA 24003
7955 Jaywood Road
Seminole, FL 34647
322 Timberline Trail
Vinton, VA 24179
1801CentreAvenue, NW
Roanoke, VA 24017
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 28th day of November, 1994.
Nota~ Public
My Commission Expires:
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
ALL'9'!EY ~ i ~!~ !~/.;:
PERTAINING
TO
THE
STREET
AND
CLOSURE REQUEST OF:
Request from Manley C. Butler, Jr., to close a portion of 19th Street )
NW, between Loudon and Centre, and alleyway between 18th and 19th,)AFFIDAVIT
NW. )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the
Roanoke City 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 mall on the 24th day of October, 1994, notices of a public hearing to
be held on the 2nd day of November, 1994, on the closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel Owner, Agent or Occupant
2310401 Mike's Used AUto Parts, Inc.
2211801 Manley C. Butler, Jr.
2211806
2211807
2211808
2310417
Littlefield Adams Co.
c/o Collegiate Pacific Co.
Trustees of Victory Christian Center
Valley Trucking Co.
2211809
2211810
2211811
2211812
2211813
2211814
Q. M. Tomlinson, Inc.
A. Byron Smith
James Crouch, Jr.
2211815 Robert Lee Sbepperd
2211816
Address
1910 Loudon Avenue, NW
Roanoke, VA 24016
2848 S. Jefferson Street
Roanoke, VA 24014-3320
Box 210
Roanoke, VA 24002
1806 Loudon Avenue, NW
Roanoke, VA 24017
P. O. Box 13424
Roanoke, VA 24033
P. O. Box 11724
Roanoke, VA 24022
P. O. Box 312
Roanoke, VA 24003
7955 Jaywood Road
Seminole, FL 34647
322 Timberline Trail
Vinton, VA 24179
Lawrence D. Lee, Jr. 1801 Centre Avenue, NW
Ruby A. Lee Roanoke, VA 24017
~Iartha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 24th day of October, 1994.
Notaffy Public
My Commission Expires:
NOTICE OF PUBLIC HEARING 1~RE THE ROANOKE CITY PLANNING COMMISSION
TO WHOM IT MAY CONCERN: '94 i' 14 ?i~:]'~
The Roanoke City Planning Commission will hold a public hearing on Wednesday, November
2, 1994, at 1:30 p.m. or as soon 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 Manley C. Butler, Jr., that a portion of 19th Street, N.W., running
between Loudon Avenue, N.W, and Centre Avenue, N.W., bounded by Blocks 22 and
23 of Hyde Park Subdivision; and an alleyway running between said portion of 19th
Street, N.W,. and 18th Street, N.W., in Block 22 of Hyde Park Subdivision, be
permanently vacated, discontinued and closed.
A copy of said app ',lig. ati0n is available for review in the Department of Planning and Community
Development, Room 162, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, October 18, 1994 and Tuesday, October 25,1994
Please bill and send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 2401 !
TeIephooe: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
October 17, 1994
File #514
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 Maniey C. Butler, Jr., requesting that a portion of 19th
Street, N. W., running between Loudon Avenue and Centre Avenue, bounded by
Blocks 22 and 23, Hyde Park Subdivision; and an alleyway running between said
portion of 19th Street and 18th Street, Block 22, Hyde Park Subdivision, be
permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
a/butler
Enc o
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. Manley C. Butler, Jr., 2848 S. Jefferson Street, Roanoke, Virginia 24011
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronaid H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
October 12, 1994
284g Souhh Jefferson Street
Roanoke, VA 24014-3320
Roanoke City Clerk
215 Chumh Ave. $.W.
Room 456
Roanoke, VA 24011
Ladies and G~tlemea:
Enclosed for filing are the following:
(1) Original and one copy of Application for Vacating, Discontinuing and Closing of a Street and Alley.
(2) Map showing the street and a~y to be vacated, at~achad to the Applicalion as Exhibit A.
(3) Check payable to the CiW Clerk in the amount of $100.00.
(4) Complete list, with mailing addresses, of the property owners affected by the proposed st~et and alley
closures.
Please refer ~ Application to the Planning Conuniasion and take all other regular steps necessary to
process fltis Application. My wife Laura or I can be reached at 342-9757 if you have any questions. Thanks for your
assistance.
Sincereiy yours,
Enclosures
i? -':"
IN THE COUNCIL OF THE Crr¥ OF ROANOKE, VIRGINIA
INRE:
APPLICATION OF MANLEY C. BUTLEI~
FOR VACATING, DISCONTINUING AND CLOSING OF
STREET AND ALLEY
MEMBERS OF COUNCIL:
MANLEY C. BUTLER, JR. applies to have one certain block of Nineteanth (19th) Street N,W. (referred to
harein az "Parcel One") and an alley between CanOe Avenue. N,W. and Dam/on Avenue N.W. (referred to herein as
"Parcel Two"), both in the City of Roanoke, Vkgini~ pem~anantly vacated, disconllnued and closed, pursuant to
~nginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. 'Ibis street and
alley are more particularly described on the map a/lached hereto as £xlu~t A and as follows:
PARCEL ONE: That certain segmant of 19th Street (one block long and 50~
wide) located between Loudon Avenue N.W. to the north and Centre Avenue
N.W. to thc south, and bounded by Block 23 of Hyde Park Subdivision to the
west and by Block 22 of Hyde Park Subdivision to the east, in the City of
Roanoke.
PARCEL TWO: That certain a~ley (one blod< long and 15' wide) bounded by
10th Street to the west, 18th Street to the e~t, Loudon Avenue N.W. to the north
and Centre Avenue N.W. to the south, which alley bisects Block 22 of Hyde
Park Subdivision in thc City of Roanoke.
MANLEY C. BUTLER, SR. states that the grounds for this appll(~ion are as fo]lows:
(1) The street and alley to be vacated are not presently be~ ~ are mlpavcd, and arc ovet~owll with
weeds and brush.
(2) The applicant is the contract owner of Lots 9 through 13, Block 22, Hyde Park Subdivision; this
proparty inchldes a cominco'iai btl]ldi~ locally known as 1816 Loudon Avanue N.W. The applicallt desire~ to use
thc street and alley to be vacated to install a security lance around the entire p~h~letar of his property, to provide
bett~ access to the bu~ding's loadin~ dock and dumpstar, and to provide additional parking.
WHEREFORE, MANLEY C. BUTLER, JR. respectfully requests that ~¢ above described s~reet ~nd ~ley
be vacated by the Council of the City of Roanoke, Vksh~ia, iu sccordance Virginia Code Section l~.l-B6~ and
8eclion 30-14, Code of the City of Roanoke (1979), as amended.
PurI'rlONER:
EXHIBIT A
PROPERTY OWNERS AFFECTED BY PROPOSED STREET AND ALLEY
CLOSURES
(APPLICATION OF MANLEY C. BUTLEI~ JR.)
Owns'# Name & Addr~#
Mike's Used Auto Parts, Inc.
1910 London Ave. N.W.
Roanoke, VA 24016
Manley C. Buffer, Jr.
2848 South Jefferson St.
Roanoke, VA 24014-3320
Pr~m~ owned
Tax Map #2310401
Lots 9 through 16, Block 23, Hyde Park Subdivision
plus 1/2 of vacated alley south of Lots 9-16
Tax Map #2211801
Lots 9 through 13, Block 22, Hyde Park Subdivision
Trustees of Victor/Christian Center Tax Map #'s 2211806, 2211807 and 2211808
1806 Loudon Ave. N.W. Lots 14 through 16, Block 22, Hyde Park
Roanoke, VA 240 17 Subdiivision
Valley Trucl6ng Co. Tax Map #2310417
P.O. Box 13424 Lot 8, Block 23, Hyde Park Subdivision
Roanoke, VA 24033
Q M. Tomlinson, Inc. Tax Map #'s 2211809, 2211510 and 2211811
P.O. Box 11724 Lots 1 through 3, Block 22, Hyde Park Subdivision
Roanoke, VA 24022
A. Byron Smith Tax Map #'s 2211812 and 2211813
P.O. Box 312 Lot 4 and west part of Lot 5, Block 22, Hyde Park
Roanoke, VA 24003 Subdivision
James Crouch, Jr. Tax Map #2211814
7955 Jaywond Rd.
Seminole., FL 3~647
Robe~ Lee Shepperd
322 T'mabe~lme Trail
Vinton~ VA 24179
Lawrenee D. Lee, Jr. and Ruby A. Lee
1801 Canlxe Ave. N.W.
Roanoke, VA 24017
East 10' of Lot 5, all of Lot 6, and west 20' of Lot 7,
Block 22~ Hyde Park Subdivision
Tax Map #2211815
Eest portion of Lot 7 and west 10' of LOt 8, Block 22,
Hyde Park Subdivision
Tax Map #2211816
East 40' of LOt 8, Block 22, Hyde Park Subdivision
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue~ S.W. Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #514
Mr. Wayne L. Cook
P. O. Box 12058
Roanoke, Virginia 24022
Dear Mr. Cook:
I am enclosing copy of Ordinance No. 32342-012395 permanently vacating,
discontinuing and closing a 10-foot wide alley extending from 25th Street to an alley
running from Shenandoah Avenue to 24th Street, N. W. Ordinance No. 32342-012395
was adopted by the Council of the City of Roanoke on first reading on Monday,
January 9, 1995, also adopted by the Council on second reading on Monday,
January 23, 1995, and will take effect ten days following the date of its second
reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
pc:
Ms. Mary R. Waynick and Ms. Natalie R. Foster, 306 First Street, S. W.,
Roanoke, Virginia 24011
Mr. Arthur J. Munsey, 2446 Shenandoah Avenue, N. W., Roanoke, Virginia
24022
Shephard Properties, P. O. Box 11941, Roanoke, Virginia 24022
Ms. Marie D. Jones, 2416 Shenandoah Avenue, N. W., Roanoke, Virginia
24017
John R. Marlles, Agent, City Planning Commission
Martha P. Franklin, Secretary, City Planning Commission
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W. Room 456
Roanoke~ Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #514
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am enclosing copy of Ordinance No. 32342-012395, for recordation in your office,
permanently vacating, discontinuing and closing a 10-foot wide alley extending from
25th Street to an alley running from Shenandoah Avenue to 24th Street, N. W.
Ordinance No. 32342-012395 was adopted by the Council of the City of Roanoke on
first reading on Monday, January 9, 1995, also adopted by the Council on second
reading on Monday, January 23, 1995, and will take effect ten days following the
date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
gnc o
pc: Mr. Wayne L. Cook, P. O. Box 12058, Roanoke, Virginia 24022
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32342-012395.
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, Wayne L. Cook, 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, 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 January 9, 1995, after due and timely notice
thereof as required by §30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no 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:
A 10-foot wide public alley extending from 25th Street to
an alley running from Shenandoah Avenue to 24th Street,
N.W.,
be, and hereby is, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the right-of-way, reserving however, to the City of Roanoke and any
public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public right-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
abandonment of use or permanent removal from the above-described
public right-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
right-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording a subdivision plat,
providing for the disposition of the land within the right-of-way,
to be vacated, in a manner consistent with the requirements of
Chapter 31, Subdivision, of the City Code, and providing for the
retention of appropriate easements, together with the right of
public passage over the same, for the purpose of construction,
repair and general maintenance of any and all utilities that may
exist within said right-of-way; and in the event these conditions
have not been met and the said plat has not been recorded in the
Office of the Clerk of Circuit Court within six (6) 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 FINALLY 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,
Cook and the names of any
request, as Grantees.
as Grantor, and in the name of Wayne L.
other parties in interest who may so
ATTEST:
City Clerk.
3
Roanoke City Planning Commission
January 9, 1995
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request of Wayne L. Cook for the City to close, discontinue and
permanently vacate a certain 10 foot wide alley in block 11, Map
of Runnymeade.
go
Alley section as reauested for closure, extends in a easterly direction from 25th
Street to an intersection with a second alley that extends from 24th Street to
Shenandoah Avenue, N.W. Alley section has a partially graveled surface from
its intersection with 25th Street to the rear of tax parcel no. 2311004 (see attached
Map A). Remaining alley section is undeveloped.
Owners of abutting lots are currently listed in City real estate records and
identified as the following:
2311001 and 2311004 - Arthur J. Munsey; 2311005 and 2311017 through
2311022 - Mary R. Waynick and Natalie R. Foster; 2311006 and 2311007 -
Sbephard Properties; 2311008 - Mary R. Waynick; 2311009 - Marie D. Jones;
and 2311023 through 2311025 - Wayne L. Cook.
go
~ is requesting vacation of the alley in order to use the land within the
right-of-way for future building expansion purposes (see application).
A_volicant is currently in the process of acquiring the properties identified as tax
parcels 2311005 and 2311017 through 2311022 (shown on attached Map A as
Waynick/Foster properties).
Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344
Members of Council
Page 2
C. ~Ml~,.Y~illg~l~fl, in part, by at least one other abutting property owner
(Munsey) to access the rear of his property from 25th Street, N.W. Mr. Munsey
has no objection to the proposed alley closure.
III. Issues:
A. ~
15. ~.
C. Utilities within the public right-of-way.
D. Creation of a dead-end alley.
E. Land use.
F. Relationship to the comnrehensive nl~n.
IV. Alternatives:
A. Apnrove the applicant's re~_uest t0 cl0~ and permanently vacate the described
alley, subject to certain conditions as outlined in Section V. of this report.
1. m~AmiL~aa~a:
a. Closure will deny access to the rear of property owned by at least
one abutting property owner (Munsey).
b. Abutting property owner (Munsey) has recently informed City staff
that he has no objection to the proposed closure.
2. Traffic imoact: Closure will have no effect on traffic or traffic needs in
the area.
3. Utilities within the public right-of-way:
a. City has no utilities within the subject right-of-way.
b. Appalachian Power Company may have facilities within a portion
of the right-of-way.
4. Creation of dead-end alley: Closure will not create a dead-end alley.
Members of Council
Page 3
Land use: Closure and vacation of the alley right-of-way will create a
substandard 10' wide strip lot. Plat of subdivision combining the land
within the vacated right-of-way with abutting properties should be
required.
Relationshin to the comt~rehensiv~ plan: Request is consistent with the
intent of the comprehensive plan that available land be used in the most
appropriate manner.
B. Deny the applicant's rem_uest to clo~ and permanently vacate the described alley.
Community impact: Applicant would be unable to utilize the land within
the right-of-way for future building expansion purposes.
2. ~ would not be an issue.
3. Utilities within the public right-of-way would not be an issue.
4. Creation of a dead-end all~y would not be an issue.
Land u~: City would retain an alley right-of-way that is for the most part
undeveloped and unproductive.
Relationshin to the comprehensive plan: Retaining unproductive and
unneeded rights-of-way would be inconsistent with the intent of the
comprehensive plan.
Planning Commission. by a vote of 74), recommends that ~
Alternative A, thereby approving the applicant's request to close and permanently vacate
the described alley, subject to the following conditions:
The applicant shall submit to the City, receive approval thereof, and record with
the Clerk of Circuit Court, a subdivision plat, providing thereon for the
following:
Disposition of the land within the vacated right-of-way in a manner
consistent with the requirements of Chapter 31, Subdivisions.
The retention of appropriate easements for surface and subsurface
installation, repair and maintenance of any and all utilities that may be
located therein.
Members of Council
Page 4
If the above-cited subdivision plat is not approved by the City and recorded with
the Clerk of Circuit Court within a period of six (6) months from the date of the
ordinance providing for the subject closure, then said ordinance shall become null
and void with no further action by City Council being necessary.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
JRM:ERT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Petitioner
IN THE COUNCIL OF THE. CITY OF ROANOKE, VIRGINIA~'/
Application of WAYNE L. COOK
for vacation of ALLEY
APPLICATION FOR VACATING,
DISCONTINUING AND CLOSING
OF ALLEY
MEMBERS OF COUNCIL:
WAYNE L. COOK applies to have alley extending from 25th
Street to an alley running from Shenandoah to 24th Street, in the
City of Roanoke, Virginia, permanently vacated, discontinued and
closed, pursuant to Virginia Code Section f5.1-364 and Section
30-14, Code of the City of Roanoke (1979), as amended. This
is more particularly described on the City Map attached.
(alley extending from 25th Street to an alley running from
Shenandoah to 24th Street.)
WAYNE L. COOK states that the grounds for this
application are as follows:
1. WAYNE L. COOK desires to use the property to
be vacated for future building expansion.
2. Property to be vacated is presently grown up in trees.
WHEREFORE, wAyNE L. COOK respectfully requests 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.
P. O. Box 12058
Roanoke, Virginia 24022
Telephone: 982-1095
DATED: August 25, 1994
:2
2
ALLEY CLOSURE,
REQ~£STI
MARY F. PARKER, CMC/AAE
Cily Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W. Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy Cit? Clerk
December 22, 1994
File #514
Mr. Wayne L. Cook
P. O. Box 12058
Roanoke, Virginia 24022
Dear Mr. Cook:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
January 9, 1995, at 7:00 p. m., or as soon thereafter as the matter may be heard, on
your request that a 10-foot wide alley extending from 25th Street to an alley running
from Shenandoah Avenue to 24th Street, N.W., be permanently vacated,
discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing, an
Ordinance and a report of the City Planning Commission with regard to the request
for closure. Please review the documents and if you have questions, you may
contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with
regard to the Planning Commission report should be directed to John R. Marlles,
Chief of Community Planning, at 981-2344.
It will be necessary for you or your representative to be present at the January 9
public hearing. Failure to appear could result in a deferral of the request for alley
closure until a later date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Jan
Enc.
Mr. Wayne L. Cook
December 22, 1994
Page 2
pc:
Ms. Mary R. Waynick and Ms. Natalie R. Foster, 306 First Street, S. W.,
Roanoke, Virginia 24011
Mr. Arthur J. Munsey, 2446 Shenandoah Avenue, N. W., Roanoke, Virginia
24017
Shephard Properties, P. O. Box 11941, Roanoke, Virginia 24022
Ms. Marie D. Jones, 2416 Shenandoah Avenue, N. W., Roanoke, Virginia
24017
2D NUMBER - 122341187
PUBLISHER'S FEE -
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~ ITHF UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-MENS, A
OAILY NEWSPAPER PUBLISHEO IN ROANOKE, IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
12/23/94 MORNING
12/30/94 MORNING
WITNESS,
THIS IST OAY/7OF JANUARY 1995
AUTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, January 9, 1995, at 7:00 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 10' wide public alley extending from 25th Street to an
alley running from Shenandoah Avenue to 24th Street, N.W.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. Ail
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 21st day of December , 1994.
Mary F. Parker, City Clerk.
Publish in the Roanoke Times and World-News,
and once on Friday, December 30, 1994.
Send publisher's affidavit and bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
once on Friday, December 23, 1994,
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF:
Request from Wayne L. Cook alley extending in a southerly direction )
from 25th Street, N.W., to Shenaodah Avenue to vacate. )AFFIDAVIT
COlvflVIO~TH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the
Roanoke City 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 November, 1994, notices of a public hearing
to be held on the 7th day of December, 1994, on the closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel
Owner. Agent or Occupant
Address
2311017
2311018
2311919
2311020
2311021
2311022
2311005
2311008
Mary R. Waynick
Natalie R. Foster
306 First Street, SW
Roanoke, VA 24011
2311023 Applicant
2311024
2311025
2311001
2311004
2311006
2311007
2311009
Arthur J. Munsey
Shephard Properties
2446 Shenadoah Avenue, NW
Roanoke, VA 24017
P. O.Box 11941
Roanoke, VA 24022
Marie D. Jones 2416 Shenandoah Avenue ,NW
Roanoke, VA 24017
]Vlartha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 28th day of November, 1994.
My Commission Expires: ,///-j& _/oy
TO THE CITY CLERK OF THE CITY OF ROANOKE,. VIRGINIA
PERTAINING TO THE STREET AND ALLEY CLOSI_~ RI~QCEST 'OF~
Request from Wayne L. Cook alley extending in a southerly direction )
from 25th Street, N.W., to Shenaodah Avenue to vacate. )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the
Roanoke City 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 mall on the 24th day of October, 1994, notices of a public heating to
be held on the 2nd day of November, 1994, on the closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel
Owner. Aeent or Occupant,
2311017
2311018
2311919
2311020
2311021
2311022
2311005
2311008
Mary R. Waynick
Natalie R. Foster
2311023 Applicant
2311024
2311025
2311001
2311004
Arthur I. Munsey
2311006
2311007
Shephard Properties
2311009 Made D. Jones
Martha Pace Franklin
Virginia, this 24th day of October, 1994.
Notary Public
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Address
306 First Street, SW
Roanoke, VA 24011
2446 Shenadoah Avenue, NW
Roanoke, VA 24017
P. O.Box 11941
Roanoke, VA 24022
2416 Shenandoah Avenue ,NW
Roanoke, VA 24017
My Commission Expires:
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIP~
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUF_.ST OF:
Request from Wayne L. Cook alley extending in a southerly direction )
from 25th Street, N.W., to Sbenaodah Avenue to vacate. )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the
Roanoke City Planning Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code
of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke,
she has sent by first-class mail on the 26th day of September, 1994, notices of a public hearing
to be held on the 5th day of October, 1994, on the closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel Owner. Agent or Occupant Address
2311017
2311018
2311919
2311020
2311021
2311022
2311005
2311008
Mary R. Waynick
Natalie R. Foster
2311023 Applicant
2311024
2311025
2311001
2311004
Arthur J. Munsey
2311006
2311007
Shephard Properties
2311009 Made D. Jones
306First Street, SW
Roanoke, VA24011
2446 Shenadoah Avenue, NW
Roanoke, VA 24017
P. O.Box 11941
Roanoke, VA 24022
2416 Shenandoah Avenue ,NW
Roanoke, VA 24017
~Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 26th day of September, 1994.
- Nota~ Public
My Commission Expires:
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke. Virginia 24011
Telephone: 1,703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
September 12, 1994
File #514
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 Wayne L. Cook requesting that an alley extending from
25th Street to an alley running from Shenandoah Avenue to 24th Street, N. W., be
permanently vacated, discontinued and closed.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
a / cook
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Mr. Wayne L. Cook, P. O. Box 12058, Roanoke, Virginia 24022
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
MARY F. PARKER, CMC/AAE
Cily Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue~ S.W. Room 456
Roanoke, Virginia 240I 1-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #514
Robert B. Manetta, Attorney
Community Hospital of Roanoke Valley
101 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Manetta:
I am enclosing copy of Ordinance No. 32343-012395 permanently vacating,
discontinuing and closing a certain segment of First Street, S. E., located in the
Orchard Hill Subdivision, adjacent to property at 21 Highland Avenue, S. E.,
identified as Officiai Tax Nos. 4021501, 4021502, 4021409 and 4021401; and a certain
segment of an alley which divides the property fronting on the 900 block of South
Jefferson Street and property fronting on First Street, S. W., identified as Official
Tax Nos. 1021811, 1021808, 1021807, 1021805, 1021812, 1021813, 1021814, 1021815,
and 1021810. Ordinance No. 32343-012395 was adopted by the Council of the City of
Roanoke on first reading on Monday, January 9, 1995, aiso adopted by the Council
on second reading on Monday, January 23, 1995, and will take effect ten days
following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Ene o
pc:
F & F Associates, c/o Mr. Robert Kosnoski, Route 2, Box 264-D, Mount Hope,
West Virginia 25880
Carlton Terrace Apartments, Inc., Attention: Ms. Betty Wade, 920 S.
Jefferson Street, Roanoke, Virginia 24016
John R. Marlles, Agent, City Planning Commission
Martha P. Franklin, Secretary, City Planning Commission
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.. Room 456
Roanoke, Virginia 24011 -1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy Cily Clerk
January 24, 1995
File #514
The Honorable Arthur B. Crush, III
Clerk of Circuit Court
Roanoke, Virginia
Dear Mr. Crush:
I am enclosing copy of Ordinance No. 32343-012395, for recordation in your office,
permanently vacating, discontinuing and closing a certain segment of First Street,
S. E., located in the Orchard Hill Subdivision, adjacent to property at 21 Highland
Avenue, S. E., identified as Official Tax Nos. 4021501, 4021502, 4021409 and
4021401; and a certain segment of an alley which divides the property fronting on the
900 block of South Jefferson Street and property fronting on First Street, S. W.,
identified as Official Tax Nos. 1021811, 1021808, 1021807, 1021805, 1021812, 1021813,
1021814, 1021815, and 1021810. Ordinance No. 32343-012395 was adopted by the
Council of the City of Roanoke on first reading on Monday, January 9, 1995, also
adopted by the Council on second reading on Monday, January 23, 1995, and will
take effect ten days following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
Eno.
pc: Robert B. Manetta, Attorney, Community Hospital of Roanoke Valley, 101 Elm
Avenue, S. W., Roanoke, Virginia 24016
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 23rd day of January, 1995.
No. 32343-012395.
VIRGINIA,
AN ORDINANCE permanently vacating, discontinuing and closing
certain public rights-of-way in the City of Roanoke, Virginia, as
are more particularly described hereinafter.
WHEREAS, Community Hospital of Roanoke Valley and Communicorp,
Inc., filed an application to the Council of the City of Roanoke,
Virginia, in accordance with law, requesting the Council to
permanently vacate, discontinue and close the public rights-of-way
described hereinafter; and
WHEREAS, the City Planning Commission, 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, a public hearing was held on said application by the
City Council on January 9, 1995, after due and timely notice
thereof as required by S30-14, Code of the City of Roanoke (1979),
as amended, at which hearing all parties in interest and citizens
were afforded an opportunity to be heard on said application; and
WHEREAS, it appearing from the foregoing that the land
proprietors affected by the requested closing of the subject public
rights-of-way have been properly notified; and
WHEREAS, from all of the foregoing, the Council considers that
no inconvenience will result to any individual or to the public
from permanently vacating, discontinuing and closing said public
rights-of-way.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke, Virginia, that the public rights-of-way situate in the
City of Roanoke, Virginia, and more particularly described as
follows:
Street: That certain segment of First Street, S.E.,
located in the Orchard Hill Subdivision, adjacent to
property of 21 Highland Avenue, S.E., bearing Official
Tax Nos. 4021501, 4021502, 4021409 and 4021401.
Alley: That certain segment of an alley which divides
the property fronting the 900 block of South Jefferson
Street and the property fronting First Street, S.W., said
property being Official Tax Nos. 1021811, 1021808,
1021807,1021805, 1021812, 1021813, 1021814, 1021815, and
1021810,
be, and hereby are, permanently vacated, discontinued and closed,
and that all right and interest of the public in and to the same
be, and hereby is, released insofar as the Council of the City of
Roanoke is empowered so to do with respect to the closed portion of
the rights-of-way, reserving however, to the City of Roanoke and
any public utility, including, specifically, without limitation,
providers to or for the public of cable television, electricity,
natural gas or telephone service, an easement for sewer and water
mains, television cable, electric wires, gas lines, telephone
lines, and related facilities that may now be located in or across
said public rights-of-way, together with the right of ingress and
egress for the maintenance or replacement of such lines, mains or
utilities, such right to include the right to remove, without the
payment of compensation or damages of any kind to the owner, any
landscaping, fences, shrubbery, structure or any other
encroachments on or over the easement which impede access for
maintenance or replacement purposes at the time such work is
undertaken; such easement or easements to terminate upon the later
2
abandonment of use or permanent removal from the above-described
public rights-of-way of any such municipal installation or other
utility or facility by the owner thereof.
BE IT FURTHER ORDAINED that the closure of the above-described
rights-of-way is conditioned upon applicant's submitting to the
City, receiving approval of, and recording a subdivision plat,
providing for the disposition of the land within the rights-of-way,
to be vacated, in a manner consistent with the requirements of
Chapter 31, Subdivision, of the City Code, and providing for the
retention of appropriate easements, together with the right of
public passage over the same, for the purpose of construction,
repair and general maintenance of any and all utilities that may
exist within said rights-of-way; and in the event these conditions
have not been met and the said plat has not been recorded in the
Office of the Clerk of Circuit Court within six (6) 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 rights-of-way
on all maps and plats on file in his office on which said rights-
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 FINALLY 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 Community
Hospital of Roanoke Valley and Communicorp, Inc., and the names of
any other parties in interest who may so request, as Grantees.
ATTEST:
City Clerk.
4
Roanoke City Planning Commission
January 9, 1995
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from Community Hospital of Roanoke Valley and Communicorp,
Inc., that the below described street and alley be permanently vacated,
discontinued and closed: (1) First Street, S.E., from its intersection with
Highland Avenue, S.E., in a westerly direction for a distance of 225'+,
to a closed alleyway and parcel bearing Official Tax No. 4021502; and (2)
15 foot wide alley running parallel with 1st Street, S.W. and Jefferson
Street, S.W., Block 4; and intersecting with Highland Avenue, S.W.
Ao
Application initially submittal by the above-cited applicants was reviewed by the
Planning Commission at its regular meeting of November 2, 1994. Application
included a request to close a section of Highland Avenue, S.E. Application was
opposed by the owner of a lot fronting on the subject section of Highland
Avenue, S.E.
Applicant has been unable to resolve the issue with F & F Associates. Applicant
has, therefore, amended the initial application by deleting Highland Avenue, S.E.,
as a part of the request.
Amended atmlieation states that the purpose of the closure is to continue the use
of First Street, S.E., as a thoroughfare and for parking and to create more on-
premise parking by the closure of the subject alley.
II. Current Situation:
First Street. $.E, as requested for closure is approximately 235 feet long and 50
feet wide, encompassing a total land area of approximately 11,750 square feet.
Room 162 Municipal Building 215ChurchAvenue, S.W. Roanoke, Virginia 24011 (703)981-2344
Members of Council
Page 2
III.
IV.
ISSUe, S:
A,
B,
C.
D.
E.
F.
Public alley as requested for closure is approximately 180 feet long and 15 feet
wide, encompassing a total land area of approximately 2,700 square feet.
City, itl past years, has closed a significant number of public streets and alleys
abutting the properties of both Community and Roanoke Memorial Hospitals.
Neighborhood impact.
Traffic impact.
Utilities within the public right-of-way.
Creation of a dead-end street or alley.
Land use.
Relationshit~ to th~ comnrehensive plan.
Alternatives:
A. Approve the applicant's request to close the described sections of First Street,
S.E., and the public alley, subject to certain specific conditions outlined in
Section V. of this report.
1. Neighborhood impact. Closure should not adversely affect any other
abutting property owner(s).
2. Traffic imoact:
a. Closure would not affect traffic or traffic needs in the area.
b. Closure would change the status of the rights-of-way to private
property.
3. Utilities in the public ri~,ht-of-way:
a. City has utilities within the public right-of-way.
b. Private utility companies have facilities within the rights-of-way.
Members of Council
Page 3
Easements for ail utilities and facilities will be retained by the
City.
Creation of a dead-end street or ailey.
The public right-of-way of First Street, S.E., currently dead-ends
at the southerly boundary of hospital-owned property. Closure of
First Street will create a new public right-of-way dead-end at the
proposed terminus of Highland Avenue, S.E.
The subject section of Highland Avenue, S.E., is currently used
almost exclusively by hospital-related traffic. The public will
continue to have sufficient area and access across hospital-owned
property for turnaround movements.
Provisions should be made for future public access from the
proposed new terminus at Highland Avenue, S.E., in the event the
hospital changes its current parking lot layout.
Land use: Subdivision plat should be required to provide for the
disposition of the land within the vacated rights-of-way.
Relationship> to the comprehensive plan:
The public is currently maintaining these public rights-of-way for
the primary benefit of Community Hospital of the Roanoke Valley.
Closure will divest the City of its interest in the public rights-of-
way and its future liability for the maintenance and upkeep of such
rights-of-way.
Deny the applicant's request to close the described sections of First Street, S.E.,
and the public alley.
2.
3.
4.
Neiehborhood impact: Would not be an issue.
Traffic impact: Would not be an issue.
Utilities in the public ritht-of-way: Would not be an issue.
Creation of a dead-end street or ailey: Would not be an issue.
Members of Council
Page 4
Vw
Land use: City will retain the responsibility and liability of maintaining
these rights-of-way that are used primarily for the benefit of a private
entity.
w
Relationship to the comorehensive plan. Street and alley sections are
encompassed by the applicant's properties and are predominantly used for
hospital-related traffic, activities, and parking needs.
Recommendation:
Plannim, Commission. by a vote of 7-0. recommends that City_ Council approve
Alternative A thereby approving the applicant's request to close and vacate the
described sections of First Street, S.E., and the public alley, subject to the
following conditions:
The applicant shall submit to the City, r~ive approval thereof, and
record with the Clerk of Circuit Court, a subdivision plat, providing
thereon for the following:
Disposition of the land within the vacated rights-of-way in a
manner consistent with the requirements of Chapter 31,
Subdivisions of the Code of the City of Roanoke (1979), as
amended.
w
Retention of appropriate easements, together with the right of
public passage over the same for the installation, repair, or
maintenance of any and all utilities that may be located therein.
If such subdivision plat is not approved by the City and recorded in the
Office of the Clerk of the Circuit Court by the applicant within a period
of six (6) months from the date of the ordinance providing for such
closure, then said ordinance shall become null and void with no further
action by City Council being necessary.
In the event the applicant should deem it desirable or necessary at some
future time, to fence off, block, impede or restrict, in any manner, the
public's existing access from Highland Avenue, S.E., onto or through
property owned by the applicant, the applicant shall dedicate sufficient
land to provide a public turnaround at the proposed terminus of Highland
Avenue, S.E.:
The applicant shall dedicate such land and construct said
turnaround prior to the construction or erection of any structure
Members of Council
Page 5
JRM:ERT: mpf
attachments
CC:
Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Zoning Administrator
Counsel for the Petitioner
that would in any manner fence off, block, impede or restrict such
access.
The turnaround shall be dedicated by a subdivision plat approved
by the Agent and recorded in the Office of the Clerk of Circuit
Court.
Plans for the construction of said turnaround shall be approved by
the Agent prior to construction.
Respectfully submitted,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE:
APPLICATION OF COMMUNITY HOSPITAL OF
ROANOKE VALLEY AND COMMUNICORP, INC.
FOR VACATION OF STREET AND ALLEY
)
)
) FIRST
) AMENDED
) PETITION
APPLICATION FOR VACATING AND CLOSING OF STREET AND ALLEY
MEMBERS OFCOUNCIL:
COMMUNITY HOSPITAL OF ROANOKE VALLEY and COMMUNICORP,
INC., by Counsel, Robert B. Manetta, applies to have First Street SE, located in
the Omhard Hill subdivision, adjacent to property of 21 Highland Avenue SE;
and the alley which divides the property fronting the 900 block of South
Jefferson Street and the property fronting First Street SW, the alley also
empties onto Highland Avenue SW, in the City of Roanoke, Virginia, permanently
vacated, discontinued and dosed, pursuant to Virginia Code Section 15.1-364 and
Section 30-14, Code of the City of Roanoke (1979), as amended. This street and
alley is more particularly described on the map attached and as follows:
First Street SE, located in the Orchard Hill subdivision,
adjacent to property of 21 Highland Avenue SE, [CHRV -
4021501 & 4021502, COMMUNICORP (a wholly owned
subsidiary of CHRV) - 4021409 and 4021401]; and
The alley which divides the property fronting the 900 block
of South Jefferson Street and the property fronting First
Street SW, the alley also empties onto Highland Avenue
SW, [COMMUNICORP - 1021811, 1021808, 1021807,
1021805, 1021812, 1021813, 1021814, 1021815, and
1021810].
COMMUNITY HOSPITAL OF ROANOKE VALLEY and COMMUNICORP,
INC. state that the grounds for this application are as follows:
1. Community Hospital of Roanoke and Communicorp, Inc. Inc. are the
landowners whose property adjoins the property to be vacated and they have been
notified and are in agreement with this application.
2. The First Street section is currently being used as a thoroughfare and
for parking. The alley is currently being used as an open alley.
3. Community Hospital of Roanoke Valley and Communicorp, Inc. will
continue to uae the section of First Street as a thoroughfare and for parking. The
majority of the alley in question lies in the middle of a parking lot. The lot and the
alley will be remarked to accommodate more parking.
WHEREFORE, Community Hospital of Roanoke Valley and Communicorp,
Inc. respectfully requests that the above described streets and alley, be vacated by
the Council of the City of Roanoke, Virginia, in accordance with Virginia Code
Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as
amended.
Date: November 18, 19~J4
Respectfully submitted,
Robert B. Manetta, Counsel
Community Hospital of Roanoke Valley and ·
Communicorp, Inc.
Carillon Health System
1212 3rd Street, SW
Roanoke, Virginia 24016
(703) 981-8091
JEFFERSON
PROPOSED STREET CLOSURE
50 50
CLOSURE
ALLEY
PROPOSED
CAI LION
Health System
Canlion Health System
Post O~ce []ox 13727
Roanoke, Virginia 24036-3727
Telephone 703-981-8091
Telefnx 703-344-5729
November 23, 1994
ROBERT B. MA-Nr~TTA
Associate Gen~'a[ Counsel
Mr. Charles Price
Chairman
Roanoke City Planning Commission
Room 162, Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Mr. Price:
I received a copy of a letter from Mr. Dee. how on November 21, 1994, apparently
repeating their objections to the vacating of a portion of Highland Avenue, as stated in
our Petition. By copy of this letter, I am informing Mr. Dechow that we have abandoned
our request as it relates to Highland Avenue.
The apparent owner of the property is interested in selling that lot. He is free to contact
Mr. Karl Vandegriff, Vice-President Community Hospital.
Robert B. Marietta
Associate General Counsel
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W.~ Room 456
Roanoke. Virginia 24011-1536
Telephone: (703) 981-2541
December 22, 1994
File #514
SANDRA H. EAKIN
Deput~ Cit? Clerk
Robert B. Manetta, Attorney
Community Hospital of Roanoke Valley
101 Elm Avenue, S. W.
Roanoke, Virginia 24016
Dear Mr. Manetta:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of Community Hospital of Roanoke Valley and Communicorp, Inc., that
a certain segment of First Street, S. E., located in the Orchard Hill Subdivision,
adjacent to property of 21 Highland Avenue, S. E., identified as Official Tax Nos.
4021501, 4021502, 4021409 and 4021401; and a certain segment of an alley which
divides the property fronting on the 900 block of South Jefferson Street and
property fronting on First Street, S. W., identified as Official Tax Nos. 1021811,
1021808, 1021807, 1021805, 1021812, 1021813, 1021814, 1021815, and 1021810, be
permanently vacated, discontinued and closed.
For your information, I am enclosing copy of a notice of the public hearing, an
Ordinance and a report of the City Planning Commission with regard to the request
for closures. Please review the documents and if you have questions, you may
contact Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with
regard to the Planning Commission report should be directed to John R. Marlles,
Chief of Community Planning, at 981-2344.
It will be necessary for you or a representative to be present at the January 9 public
hearing. Failure to appear could result in a deferral of the request for closures
t;ntil a later date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Jan
Eno ·
Robert B. Manetta, Attorney
December 22, 1994
Page 2
pc:
F & F Associates, c/o Mr. Robert Kosnoski, Route 2, Box 264-D, Mount Hope,
West Virginia 25880
Carlton Terrace Apartments, Inc., Attention: Ms. Betty Wade, 920 S.
Jefferson Street, Roanoke, Virginia 24016
~" ~ I~ES
~ JK T & XC~LD-N~S
~D NUMBER - 1223~1185
PUBLISHER'S FEE - ~122.20
COMMUNITY HOSPITAL OF
THE ROANOKE VALLEY
P 0 BOX 12945
ROANOKE VA 24029
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED] AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA, O0 CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
12/23/94 MORNING
12/30/94 MORNING
WITNESS, THIS 1ST D~,YmOF JANUARY 1995
~UTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public Hearing
on Monday, January 9, 1995, at 7:00 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:
Street: That certain segment of First Street, S.E.,
located in the Orchard Hill Subdivision, adjacent to
property of 21 Highland Avenue, S.E., bearing Official
Tax Nos. 4021501, 4021502, 4021409 and 4021401.
Alley: That certain segment of an alley which divides
the property fronting the 900 block of South Jefferson
Street and the property fronting First Street, $.W., said
property being Official Tax Nos. 1021811, 1021808,
1021807,1021805, 1021812, 1021813, 1021814, 1021815, and
1021810.
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 __
21sfday of December , 1994.
Mary F. Parker, City Clerk.
Publish in the Roanoke Times and World-News, once on Friday, December 23, 1994,
and once on Friday, December 30, 1994.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Robert Manetta, Attorney
Community Hospital of Roanoke Valley
101 Elm Avenue, S. W.
Roanoke, Virginia 24016
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRG!~JIA..
PERTAINING TO THE STREET AND ALLEY CLOSURE REQUEST OF:
Request from Community Hospital and Communicorp to close portion )
of First Street, SE, and alleyway intersecting with Jefferson Street )AFFIDAVIT
and 1st, SW. )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the
Roanoke City 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 27th day of November, 1994, notices of a public hearing
to be held on the 7th day of December, 1994, on the closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel
Owner. A£ent or Occupant
Address
4021407
F & F Associates
c/o Robert Kosnoski
Route 2, Box 264-D
Mount Hope, WV 25880
1021805
through
1021816
Carlton Terrace Apartmen~, Inc.
Attention: Betty Wade
920 S. Jefferson Street
Roanoke, VA 24016
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 28th day of November, 1994.
Notary Pi~blic
My Commission Expires: ~,/,/-_7'~' ff./
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
November 22, 1994
File #514
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 amended application from Robert B. Manetta, Attorney, representing
Community Hospital of Roanoke Valley and Communicorp, Inc., requesting that First
Street, S. E., located in the Orchard Hill Subdivision, adjacent to property at 21
Highland Avenue, S. E.; and an alley which divides the property fronting on the 900
block of South Jefferson Street and property fronting on First Street, S. W., be
permanently vacated, discontinued and closed.
Sincerely, _~
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
a/Communicorp
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Robert B. Manetta, Attorney, Community Hospital of Roanoke Valley, 101 Elm
Avenue, S. W., Roanoke, Virginia 24016
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
CITY OF ROANOKE, VIRGINIA ,:, T'(
PERTAINING TO THE STREET AND ALLEY C~'.~)SUI~--~.EQ~EST OF:
Request from Community Hospital and Communicorp to close portion )
of First Street, SE, Highland Avenue, S.E., and alleyway intersecting )AFFIDAVIT
with Jefferson Street and 1st, SW. )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the
Roanoke City 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 24th day of October, 1994, notices of a public heating to
be held on the 2nd day of November, 1994, on the closure captioned above to the owner or
agent of the parcels listed below at their last known address:
Parcel
Owner. Aeent or Occupant
Address
4021407
1021805
through
1021816
F & F Associates
c/o Robert Kosnoskl
Route 2, Box 264-D
Mount Hope, WV 25880
Carlton Terrace Apartments, Inc.
Attention: Betty Wade
920 S. Jefferson Street
Roanoke, VA 24016
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 24th day of October, 1994.
Notary Public
My Commission Expires: /~ -fi>/0~
NOTICE OF PUBLIC HEARING BEF0t~ Tt~ ROANOKE CITY PLANNING COMMISSION
TO WHOM IT MAY CONCERN: '9'!- i 1/'~ ~' '~, .' ~.. '~
The Roanoke City Planning Commission will hold a public hearing on Wednesday, November
2, 1994, at 1:30 p.m. or as soon 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 Community Hospital of Roanoke Valley and Communicorp, Inc., that the
below described streets and alley be permanently vacated, discontinued and closed:
(1) First Street, S.E., from its intersection with Highland Avenue, S.E., in a westerly
direction for a distance of 225'+, to a closed alleyway and parcel bearing Official Tax
No. 4021502;
(2) Highland Avenue, S.E., from its intersection with Jefferson Street, in a southerly
direction for 275'+, to its intersection with the aforedescribed First Street, S.E.; and
(3) 15 foot wide alley running parallel with 1st Street, S.W. and Jefferson Street, S.W.,
Block 4; and intersecting with Highland Avenue, S.W.
A copy of said application is available for review in the Department of Planning and
Community Development, Room 162, Municipal Building.
Al/parties in interest and citizens may appear on the above date and be heard on the
matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, October 18, 1994 and Tuesday, October 25,1994
Please bill:
Send affidavit of publication to:
Mr. Robert Manetta, Counsel
Community Hospital of Roanoke Valley
101 Elm Avenue, SW
Roanoke, VA 24016
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011
Telephone: (703) 981-254 l
SANDRA H. EAK1N
Deputy City Clerk
October 17, 1994
File #514
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 Robert B. Manetta, Attorney, representing Community
Hospital of Roanoke Vailey and Communicorp, Inc., requesting that the following
streets and ailey be permanently vacated, discontinued and closed:
First Street, S. E., from its intersection with Highland Avenue, in a
westerly direction for a distance of 225 feet _+, to a closed alleyway and
parcel bearing Official Tax No. 4021502;
Highland Avenue, S. E., from its intersection with Jefferson Street, in
a southerly direction for 275 feet _+, to its intersection with the
aforedescribed First Street, S. E.; and
A 15 foot wide alley running parallel with First Street, S. W., and
Jefferson Street, Block 4, and intersecting with Highland Avenue,
S.W.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
a / Communicorp
Ellc.
Charles A. Price, Jr.
October 17, 1994
Page 2
pc:
The Honorable Mayor and Members of the Roanoke City Council
Robert B. Manetta, Attorney, Community Hospital of Roanoke Valley, 101 Elm
Avenue, S. W., Roanoke, Virginia 24016
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: )
)
APPLICATION OF COMMUNITY HOSPITAL OF )
ROANOKE VALLEY AND COMMUNICORP, INC. )
FOR VACATION OF STREET AND ALLEY )
APPLZCATXON FOR VACATING AND CLOSZN6 OF STREET AND ALLEY
MEHBERS OF COUNCIL:
COMMUNITY HOSPITAL OF ROANOKE VALLEY and COHHUNICORP, INC., by
Counsel, Robert B. Hanetta, applies to have First Street SE, located In
the Orchard Hill subdivision, adjacent to property of 21 Highland Avenue
SE; Highland Avenue SE, located in the Orchard Hill subdivision, fronting
property of 21 Highland Avenue SE; and the alley which divides the
property fronting the 900 block of South ~efferson Street and the property
fronting First Street SW, the alley also empties onto Highland Avenue SW,
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 (]g7g), as amended. This street and alley is more
particularly described on the map attached and as follows:
1. First Street SE, located in the Orchard Hill
subdivision, adjacent to property of 21 Highland Avenue
SE, [CHRV - 4021501 & 4021502, CO~UNICORP (a wholly
owned subsidiary of CHRV) - 4021409 and 4021401];
2. Highland Avenue SE, located in the Orchard Hill
subdivision, fronttng property of 2] Highland Avenue SE,
[CO~UNICORP - 4021401, 402]407, 4021408, and 4021409,
CHRV 4020101 and 4021815]; and
3. The alley which divides the property fronting the 900
block of South ~efferson Street and the property
fronting Ftrst Street Sg, the alley also empttes onto
Highland Avenue S#, [CO#MUNICORP - 1021811, 1021808,
1021807, 1021805, 1021812, 1021813, 1021814, 1021815,
and 1021810].
COHMUNITY HOSPITAL OF ROANOKE VALLEY and COHHUNICORP, INC. state
that the grounds for this application are as follows:
1. Community Hospital of Roanoke and Communicorp, Inc. Inc. are
the landowners whose property adjoins the property to be vacated and they
have been notified and are in agreement with this application.
2. The First Street section and the Highland Avenue section are
currently being used as thoroughfares and for parking. The alley is
currently being used as an open alley.
3. Community Hospital of Roanoke Valley and Communicorp, Inc.
will continue to use the section of First Street and Highland Avenue as a
thoroughfare and for parking. The majority of the alley in question lies
in the middle of a parking lot. The lot and the alley will be remarked to
accommodate more parking.
WHEREFORE, Community Hospital of Roanoke Valley and Communicorp,
Inc. respectfully requests that the above described streets and alley, be
vacated by the Council of the City of Roanoke, Virginia, in accordance
with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of
Roanoke (lg79), as amended.
Date: October 12, 1994 Respectfully submitted,
I~obert B. Manetta, Counsel
Community Hospital of Roanoke Valley and
Communicorp, Inc.
ADDRESSES OF PROPERTY OWNERS
COMMUNITY HOSPITAL OF ROANOKE VALLEY
101 ELM AVENUE, SW
ROANOKE, VA 24016
COMMUNICORP, INC.
7 ALBEI~ARLE AVE., SW
ROANOKE, VA 24016
JEFFERSON
' ; :;
L
¸ss
iOl. 17D4'
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 240I 1-~ 536
Telephone: (703) 981-254l
SANDRA H. EAKIN
Deputy City Clerk
January 24, 1995
File #51
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron and Agee, P. C.
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Natt:
I am enclosing copy of Ordinance No. 32344-012395 rezoning a tract of land located
at 5175 Peters Creek Road, N. W., described as Official Tax No. 6600102, from LM,
Light Manufacturing District, to C-l, Office District, subject to certain conditions
proffered by the petitioner. Ordinance No. 32344-012395 was adopted by the Council
of the City of Roanoke on first reading on Monday, January 9, 1995, also adopted by
the Council on second reading on Monday, January 23, 1995, and will take effect ten
days following the date of its second reading.
Sincerely,
Sandra H. Eakin
Deputy City Clerk
SHE:sm
gne o
pc:
Mr. I. Wayne Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019
Ms. Nancy W. Cross, 3817 Stratford Park Drive, S.W. Roanoke, Virginia
24018 '
Mr. and Mrs. James W. Hardie, 5714 Hollins Road, N. E., Roanoke, Virginia
24012
Bliss, Inc., 2107 Fenway Drive, Mechanicsville, Virginia 23111
United States of America, 5301 Barns Avenue, N. W., Roanoke, Virginia 24019
Edward A. Natt, Attorney
January 24, 1995
Page 2
pc:
Executive Park Associates, 5330 - 5438 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Mr. Billy H. Branch and Mr. Michael Branch, 5153 Dogwood Acres, N. W.,
Roanoke, Virginia 24019
Charles Ellis & Cullen, 5297 Alexander Drive, N. W., Roanoke, Virginia 24019
Mr. and Mrs. Harold Coleman, 5200 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Mr. and Mrs. George O. Dent, 5238 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Scott & Snyder Service Bureau, 5240 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Bluestone Industries, Inc., 5296 Peters Creek Road, N. W., Roanoke,
Virginia 24019
John R. Marlles, Agent, City Planning Commission
Martha P. Franklin, Secretary, City Planning Commission
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 23rd day of January, 1995.
No. 32344-012395.
AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke
(1979), as amended, and Sheet No. 660 Sectional 1976 Zone Map, City
of Roanoke, to rezone certain property within the City, subject to
certain conditions proffered by the applicant.
WHEREAS, I. Wayne Ayers has made application to the Council of
the City of Roanoke to have the hereinafter described property
rezoned from LM, Light Manufacturing District, to C-l, Office
District, subject to certain conditions proffered by the applicant;
and
WHEREAS, the City Planning Commission, which after giving
proper notice to all concerned as required by S36.1-693, Code of
the City of Roanoke (1979), as amended, and after conducting a
public hearing on the matter, has made its recommendation to
Council; and
WHEREAS, a public hearing was held by City Council on said
application at its meeting on January 9, 1995, after due and timely
notice thereof as required by ~36.1-693, Code of the City of
Roanoke (1979), as amended, at which hearing all parties in
interest and citizens were given an opportunity to be heard, both
for and against the proposed rezoning; and
WHEREAS, this Council, after considering the aforesaid
application, the recommendation made to the Council by the Planning
Commission, the City's Comprehensive Plan, and the matters
presented at the public hearing, is of the opinion that the
hereinafter described property should be rezoned as herein
provided.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that §36.1-3, Code of the City of Roanoke (1979), as
amended, and Sheet No. 660 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
The tract of land located at 5175 Peters Creek Road, N.W., and
designated on Sheet No. 660 of the Sectional 1976 Zone Map City of
Roanoke as Official Tax No. 6600102, be, and is hereby rezoned from
LM, Light Manufacturing District, to C-l, Office District, subject
to the following proffers: subject to any change required by the
City during plan review, the development of the property will be in
substantial conformity with the proffered site development plan
prepared by Jerome Donald Henschel, P.C., and the use of the
property will be limited to office use, as more fully set forth in
the Second Amended Petition, filed in the Office of the City Clerk
on November 23, 1994, and that Sheet No. 660 of the Zone Map be
changed in this respect.
ATTEST:
City Clerk.
i I, j ~ ' ;:\ Roanoke City Planning Commission
January 9, 1995
The Honorable David A. Bowers, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
Subject:
Request from I. Wayne Ayers, represented by Edward A. Natt, attorney, that
property located at 5175 Peters Creek Road, N.W., identified as Official Tax No.
6600102, be rezoned from LM, Light Manufacturing District to C-l, Office
District, subject to certain conditions proffered by the petitioner.
Pu _rpose of the rezoning request is to bring the existing use of the property into
conformance with the current zoning ordinance and to facilitate further office
development of the subject property.
Petition to rezone was filed on November 9, 1994. No proffers were offered by
the petitioner.
ir~ to rezone was filed on November 16, 1994. The following
conditions were proffered by the petitioner:
That the development of the property will be in substantial conformity
with the site development plan prepared by Jerome Donald Henschel,
P.C., attached hereto as Exhibit B.
2. That the use of the property will be limited to office use.
Plannin~ Commission ~ublic hearing was held on Wednesday, December 7, 1994.
Mr. Edward Natt, attorney, appeared before the Commission on behalf of the
petitioner. Mr. Natt explained to the Commission that the rezoning request was
due to the fact that there was an ordinance change from 1966 to the 1987 code,
the completion of the two phase office development could not be completed under
the current zoning provisions without rezoning the property. Mr. Natt concluded
his remarks by informing the Commission that he and the petitioner were
available for questions.
Room 162 Municipal Building 215ChurchAvenue, S.W. Roanoke, Virginia 24011 (703)981-2344
Members of Council
Page 2
Ms. Evelyn Dorsey gave the staff report. She stated that the predominant land use
in the area, both City and County, was office and highway commercial and not
industrial uses; she further stated that the rezoning would place the existing office
development into a conforming zoning status and would facilitate the construction
of the second office building on the rear portion of the lot.
No one from the audience appeared before the Commission to speak in favor or
in opposition to the request.
Ms. Dorsey informed the Commission that the planning office had received a
letter from one of the adjoining property owners from out of town that she read
into the record. (Attached)
Vice Chairman Buford questioned Ms. Dorsey as to the relevance of the remarks
in the letter. Ms. Dorsey responded by stating that the concerns of storm water
management and erosion control would be addressed and resolved as part of the
comprehensive development plan review process required for the site for the
construction of the second office building. No further discussion took place.
II. Issues:
Zoning of the subject property is LM, Light Manufacturing District. The
surrounding zoning pattern in the area is as follows: to the north is Roanoke
County zoning that provides for office and highway commercial/service uses; to
the south, east and west of the subject property is LM, Light Industrial District.
I.,and use of the subject property is a partially developed lot with an office
building on the front portion of the lot. Surrounding land uses in the area are as
follows: to the north, across Peters Creek Road is a mixture of offices, highway
oriented commercial and service uses, and vacant, undeveloped tracts of land; to
the east is a mixture of office and highway commercial/retail uses; to the west is
a sports clinic and to the south is vacant, undeveloped land.
Access to the subject property is provided from the adjoining public street, Peters
Creek Road. The City Traffic Engineer has stated that no traffic impacts are
anticipated from the further development of the property for office use.
Utilities are existing and of adequate capacity to accommodate the proposed office
development of the subject property. Storm drainage concerns and other design
or engineering issues will be addressed and resolved during the comprehensive
plan development review process.
E. In_g..O_q_s_~.aL!s~! in the City has been identified as a valuable economic asset and
Members of Council
Page 3
should be protected. However, given the partial development of the subject
property as office, the balance of this lot is not conducive for appropriate infill
industrial uses.
F. ~ recommends that:
Commercial development is carefully evaluated to ensure minimal conflict
with residential areas and to promote good land use;
2. Encourage appropriate inflil development or redevelopment of areas.
III. Alternatives:
A. il~L~lllgJL~lD2~ the rezoning request.
Zoning of the subject property would become conditional, C-l, Office
District. The existing office use on the property would become a
conforming land use and the proposed office development on the rear
portion of the lot would be allowed to take place.
Land use would be an office complex development compatible and in
support of the adjoining light industrial and highway oriented commercial
uses in the area.
Access to and from the site is provided by the adjoining public street,
Peters Creek Road. The City Traffic Engineer has stated that given the
existing and proposed use of the property, no traffic impacts are
anticipated from this development.
Utilities are available to the property and of adequate capacity to serve the
existing as well as the future office development of the property. Specific
site development issues will be addressed through comprehensive
development plan review.
Industrial land although not preserved for future industrial development,
is appropriately developed given its size, location and surrounding land
uses.
6. ~ issues as set forth would be followed.
B. ~ the rezoning request.
1. Zoning of the subject property would remain LM, Light Manufacturing
Members of Council
Page 4
District. The existing office building would remain in a legal, non-
conforming zoning status and the balance of the lot would be available for
light industrial uses. The applicant could build an office building on the
rear portion of the lot provided a special exception permit was obtained
from the Board of Zoning Appeals and that the building contained a
minimum 20,000 square feet in floor area.
Land use would remain as a partially developed office use with the
balance of the lot available for future light industrial uses.
3. Utilities would be unaffected.
4. Access to the site would not be an issue.
Industrial land remains protected despite the fact that the subject property
is partially developed for office use with the possibility that a special
exception permit could be obtained to develop the balance of the lot into
a 20,000 square foot office facility.
Comprehensive Plan issues as set forth could be
followed at a later date.
IV. Recommendation:
The Planning Commission, by a vote of 6 to O, Mr. Price absent for voting,
recommended approval of the requested rezoning based on the finding that the rezoning
would be in keeping with the current use of the land and supportive to the adjoining
highway commercial uses in the area than the typical industrial uses.
Sincerely,
Charles A. Price, Jr., Chairman
Roanoke City Planning Commission
Members of Council
Page 5
EDD:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner
Economic Development Specialist
Attorney for the Petitioner
MARY F. PARKER, CMC/AAE
Cily Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke. Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
November 23, 1994
File #51
Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as'
amended, I am enclosing copy of a second amended petition from Edward A. Natt,
Attorney, representing I. Wayne Ayere, requesting that a parcel of land located at
5175 Peters Creek Road, N. W., containing .86 acre, more or less, described as
Official Tax No. 6600102, be rezoned from ruM, Light Manufacturing District, to C-I,
Office District, subject to certain conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
r/ayera
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Fer~lson, Natt, Aheron
. and Agee, P. C., 1919 Electric 'Road, S. W., Roanoke, Virginia 24018
~jor. I. Wayne Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019
hn R. Mariles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronaid H. Miller, Building Commissioner
Steven J. Taievi, Assistant City Attorney
VIRGINIA:
£N RE:
IN THE COUNCIL OF THE CITY OF ROANOKE
SECOND AMENDED PETITION FOR
REZONING OF A TRACT OF LAND KNOWN AS
5175 PETERS CREEK ROAD
(TAX MAP NO. 6600102)
FROM ZONING DISTRICT LM (Light Manufacturing) TO
ZONING DISTRICT C-1 (Office District),
such rezoning to be subject to certain conditions
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE
The Petitioner, I. Wayne Ayers, owns land in the City of
~oanoke located at 5175 Peters Creek Road (Tax Map No. 6600102).
3aid tract is currently zoned LM (Light Manufacturing). A map
showing.the location of the property to be rezoned is attached
~s Exhibit A.
Pursuant to Section 36.1-690, code of the City of Roanoke
(1979), as amended, the Petitioner requests that the said
)roperty be rezoned from LM (Light Manufacturing) to C-1 (Office
)istrict), subject to cez~cain conditions set forth below for the
~urpose of bringing the existing use of the property into
:onformance with the Roanoke City Zoning Ordinance and for
~urther developing the property in accordance with the highest
~nd be~ use thereof.
The Peti~ioner hereby proffers and agrees that if the said
=tact is rezonedas requested, that the rezoning Will be subject
=o, and that the Petitioner will abide by, the following
:onditions:
1. That subject to any change required by the City during
)lan review, the development of the property will be in
substantial conformity with the site development plan prepared
by Jerome Donald Henschel, P.C. attached hereto as Exhibit B.
2. That the use of the property will be limited to office
uee.
Attached as Exhibit C are the names and addresses of tax
map numbers of the owner or owners of all lots or property
immediately adjacent to immediately across a street or road from
the property to be rezoned.
WHEREFORE, the Petitioner reguestathatthe above-described
property be rezoned as requested in accordance with the
)rovisione of the Zoning Ordinance of the City of Roanoke.
submitted this .1.% day of ~u~ ,
Respectfully
~994.
Respectfully Submitted,
I. WAYNE AYERS
Of Counsel
Edward A. Natt,
OSTEP/{OUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
1919 Ele~ric Road, S.W.
Roanoke, Virgtni& 24018
(703) 774-1197
~SB ~1104
'"S?ERHUUa?.H^~rT~.N,EE~y:O.N^Ta.~W'FE"ausa#' IOanOke' VA 24019
: \q:SO%ltel~\ey~r.2 .Aid: $se11/18/9&
phas~ II
buildinq
I '~xistinq
13o
i rginia
m--~
route 117 ~ Peters Creek Road NW.
ROANOKE CITY
Nancy W. Cross
5153 Peters Creek Road, NW
Roanoke VA 24018
Tax Map No. 6600101
James W. and Pamela C. Hardie
5219 Peters Creek Road, NW
Roanoke VA 24019
Tax Map No. 6600103
Bliss, Inc.
5219 Peters Creek Drive,
Roanoke VA 24019
Tax Map No. 6600111
Nancy W. Cross
Peters Creek Road, NW
Roanoke VA 24018
Tax Map No. 6600114X
Nancy W. Cross
Peters Creek Road, NW
Roanoke VA 24018
Tax Map No. 6600113X
United States of America
5301 Barns Avenue, NW
Roanoke VA 24019
Tax Map No. 6600201
ROANOKE COUNTY
Executive Park Associates
5330-5538 Peters Creek Road
Roanoke, VA 24019
Billy H. and Michael Branch
Centurion Road
Roanoke, VA 24019
Charles Ellis & Cullen
5297 Alexander Drive
Roanoke, VA 24019
Billy H. and Michael
5153 Dogwood Acres
Roanoke, VA 24019
Branch
Sharon P. and Harold Coleman, Jr.
5200 Peters Creek Road
Roanoke, VA 24019
George O. and Dorothy F. Dent
5238 Peters Creek Road
Roanoke, VA 24019
Scott & Snyder Service Bureau
Peters Creek Road
Roanoke, VA 24019
Bluestone Industries, Inc.
5296 Peters Creek Road
Roanoke, VA 24019
JAMES L. OROSS, JR.
NANCY W. CROSS
1:300 CHILD CARE COURT
NORFOLK, VA 23~02
DECEMBER 1994
CITY OF ROANOKE, VIRQZNIA
ROANOKE CITY PLANNING COMMISSION
MARTHA P. FRANKLIN, SECRETARY
FA>; ?03-224--30:B~
ECEivED
CITY OF ROANOKE
DEPARlm*UENT OF PLANNIN8
COMM AND
UNITY DEVELOPMENT
RE: REZONING 6800102
PLEASE BE ADVISED WE ARE OPPOSED TO THE REZONING AND CONSTRUCTION
ON THE BASI9 THE STORM WATER RUN OFF HAS NOT BEEN ADDRESSED. THE
FLOW LINE AS SHOWN IN THE DRAINAGE DITCH I~ INCORRECT. WATER
DOES NOT AUN UPHILL. WE HAVE PROBLEMS WITH STORM WATER RUN OFF
COMING [)OWN BARNE~ AVENUE NOW AND WE DO NOT NEED THE PROBLEM
AGGRAVATED,
WE WOULD HAVE NO OBJECTION TO THE RE~ONING IF THIS ITEM I$
SATISFACTORILY RESOLVED.
JAT$ L. C~D$5, 'JR.
B
C ~ D
PROPOSED REZONING
5175 Peters Creek Road
LM to C-1
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 240! I-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
December 22, 1994
File #51
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron and Agee, P. C.
1919 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Natt:
Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City
of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday,
January 9, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on
the request of I. Wayne Ayers that a tract of land located at 5175 Peters Creek Road,
N. W., described as Official Tax No. 6600102, be rezoned from LM, Light
Manufacturing District, to C-1, Office District, subject to certain conditions
proffered by the petitioner.
For your information, I am enclosing copy of a notice of the public hearing, an
Ordinance and a report of the City Planning Commission with regard to the request
for rezoning. Please review the documents and if you have questions, you may
contact Steven J. Taievi, Assistant City Attorney, at 981-2431. Questions with
regard to the Planning Commission report should be directed to John R. Marlles,
Chief of Community Planhing, at 981-2344.
It will be necessary for you or a representative to be present at the January 9 public
hearing. Failure to appear could result in a deferral of the request for rezonin~
un~l a later date.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
Jan
Enc o
Edward A. Natt, Attorney
December 22, 1994
Page 2
pc:
Mr. I. Wayne Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019
Ms. Nancy W. Cross, 3817 Stratford Park Drive, S. W., Roanoke, Virginia
24018
Mr. and Mrs. James W. Hardie, 5714 Hollins Road, N. E., Roanoke, Virginia
24012
Bliss, Inc., 2107 Fenway Drive, Mechanicsville, Virginia 23111
United States of America, 5301 Barns Avenue, N. W., Roanoke, Virginia 24019
Executive Park Associates, 5330- 5438 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Mr. Billy H. Branch and Mr. Michael Branch, 5153 Dogwood Acres, N. W.,
Roanoke, Virginia 24019
Charles Ellis & Cullen, 5297 Alexander Drive, N. W., Roanoke, Virginia 24019
Mr. and Mrs. Harold Coleman, 5200 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Mr. and Mrs. George O. Dent, 5238 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Scott & Snyder Service Bureau, 5240 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Bluestone Industries, Inc., 5296 Peters Creek Road, N. W., Roanoke,
Virginia 24019
~O NUMBER - 122341192
PUBLISHER'S FEE -
EDWARD A WATT
1919 ELECTRIC RD SW
ROANOKE VA 24015
STATE DF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, 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
12/23/94 MORNING
12/30/94 MORNING
WITNESS,
THIS iST DAY OF JANUARY 1995
AUTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Pursuant to the provisions of Article VII of Chapter 36.1,
Code of the City of Roanoke (1979), as amended, the Council of the
City of Roanoke will hold a Public Hearing on Monday, January 9,
1995, at 7:00 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S.W., on the question of rezoning from
LM, Light Manufacturing District, to C-l, Office District, the
following property:
A tract of land located at 5175 Peters Creek
Road, bearing Official Tax No. 6600102, such
rezoning to be subject to certain proffered
conditions.
A copy of this proposal is available for public inspection in
the Office of the City Clerk, Room 456, Municipal Building. All
parties in interest may appear on the above date and be heard on
the question.
GIVEN under my hand this 215t day of December , 1994.
Mary F. Parker, City Clerk.
Publish in the Roanoke Times and World-News, once on Friday, December 23, 1994,
and once on Friday, December 30, 1994.
Send publisher's affidavit to:
Send bill to:
Mary F. Parker, City Clerk
Room 456, Municipal Building
215 Church Avenue, S. W.
Roanoke, Virginia 24011-1536
Edward A. Natt, Attorney
Osterhoudt, Ferguson, Natt,
Aheron and Agee, PC
1919 Electric Road, S. W.
Roanoke, Virginia 24018
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZON-IlqG REQUEST OF:
Wayne Ayers, for property located at 5175 Peters Creek Road, N.W., )
Tax No. 6600102 from LM to C-1, conditional. )AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the
Roanoke City 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 November, 1994, notices of a public hearing
to be held on the 7th day of December, 1994, on the rezoning captioned above to the owner or
agent of the parcels listed below at their last known address:
Owner. Agent or Occu_mant
Nancy W. Cross
Parcel
6600101
6600113X
6600103 Jmes W. and Pamela C. Hardie
6600111 Bliss, Inc.
United States of America
Executive Park Associates
Billy H.and Michael Branch
Charles Ellis & Cullen
Sharon P. and Harold Coleman
6600201
County
County
County
County
Address
3817 Stratford Park Drive
Roanoke, VA 24018
5153 Peters Creek Road, NW
Roanoke, VA 24019
5714 Hollins Road, NE
Roanoke, VA 24012
5219 Peters Creek Road, NW
Roanoke, VA 24019
2107 Fenway Drive
Mechanicsville, VA 23111
5219 Peters Creek Road, NW
Roanoke, VA 24019
5301 Barns Avenue, NW
Roanoke, VA 24019
5330-5438 Peters Creek Road
Roanoke, VA 24019
5153 Dogwood Acres
Roanoke, VA 24019
5297 Alexander Drive
Roanoke, VA 24019
5200 Peters Creek Road
Roanoke, VA 24019
County George O. and Dorothy F. Dent 5238 Peters Creek Road
Roanoke, VA 24019
County
Scott & Snyder Service Bureau
5240 Peters Creek Road
Roanoke, VA 24019
County
Bluestone Industries, Inc.
5296 Peters Creek Road
Roanoke, VA 24019
~Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke,
Virginia, this 28th day of November, 1994.
Not~ry Public
My Commission Expires: ///Z ._~ -?f,f
NOTICE OF PUBLIC HEARING ~BEFORE THE ROANOKE CITY PLANNING COMMISSION
MAY CONCERN:' ~ ' '
TO WHOM IT cj~ i" ]~; '~ ' ~
The Roanoke City Planning Commission will hold a public hearing on Wednesday, December
7, 1994, at 1:30 p.m. or as soon 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 I. Wayne Ayers, represented by Edward A. Natt, attorney, that property
located at 5175 Peters Creek Road, N.W., designated as Official Tax No. 6600102, be
rezoned from LM, Light Manufacturing District, to C-I, Office District, such rezoning
to be subject to certain conditions proffered by the petitioner.
A copy of said application is available for review in the Department of Planning and Community
Development, Room 162, Municipal Building.
All parties in interest and citizens may appear on the above date and be heard on the matter.
Martha P. Franklin, Secretary
Roanoke City Planning Commission
Please print in newspaper on Tuesday, November 22, 1994 and Tuesday, November 29, 1994
Please bill:
Edward A. Natt
Osterhoudt, Ferguson, Natt, Aheron & Agee, PC
1919 Electric Road, SW
Roanoke, VA 24018
(703) 774-1197
Please send affidavit of publication to:
Department of Planning and Community Development
Room 162, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
November 23, 1994
File #51
Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a second amended petition from Edward A. Natt,
Attorney, representing I. Wayne Ayers, requesting that a parcel of land located at
5175 Peters Creek Road, N. W., containing .86 acre, more or less, described as
Official Tax No. 6600102, be rezoned from LM, Light Manufacturing District, to C-1,
Office Distriet, subject to certain conditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
r/ayers
Ene.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron
and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018
Mr. I. Wayne Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Talevi, Assistant City Attorney
OSTERHDUDT, FER~USDN,
NATT, AHERDN & AGEE
ATTDRNEYB-AT-LAW
RDANGKE, VIRGINIA
~IRGINIA:
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE [ !'"
SECOND AMENDED PETITION FOR '~
REZONING OF A TRACT OF LAND KNOWN AS
5175 PETERS CREEK ROAD
(TAX MAP NO. 6600102)
FROM ZONING DISTRICT LM (Light Manufacturing) TO
ZONING DISTRICT C-1 (Office District),
such rezoning to be subject to certain conditions
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE
The Petitioner, I. Wayne Ayers, owns land in the City of
{oanoke located at 5175 Peters Creek Road (Tax Map No. 6600102).
Said tract is currently zoned LM (Light Manufacturing). A map
showing the location of the property to be rezoned is attached
~s Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the said
)roperty be rezoned from LM (Light Manufacturing) to C-1 (Office
District), subject to certain conditions set forth below for the
purpose of bringing the existing use of the property into
conformance with the Roanoke City Zoning Ordinance and for
further developing the property in accordance with the highest
~nd best use thereof.
The Petitioner hereby proffers and agrees that if the said
Zract is rezoned as requested, that the rezoning will be subject
~o, and that the Petitioner will abide by, the following
~onditions:
1. That subject to any change required by the City during
)lan review, the development of the property will be in
~ubstantial conformity with the site development plan prepared
by Jerome Donald Henschel, P.C. attached hereto as Exhibit B.
2. That the use of the property will be limited to office
nap
Attached as Exhibit C are the names and addresses of tax
numbers of the owner or owners of all lots or property
immediately adjacent to immediately across a street or road from
the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described
property be rezoned as requested in accordance with the
orovisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~1 day of ~~ ,
994.
Respectfully Submitted,
I. WAYNE AYERS
Of Counsel
:dward A. Natt, Esq.
]STERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
[919 Electric Road, S.W.
{oanoke, Virginia 24018
(703) 774-1197
TSB #1104
r
..
;175 ~r~reek Road
Roanoke, VA 24019
::\wpSO\steph\ayers2.Amd:sse11/18/94
CHARLES h. OSTERHOUDT
MICHAELS. FERGUSON
EDWARO A, NATT
MICHAELJ.AHERON
OSTERHOUDT. FERGU$ON, NATT. AHERON,8. AG'EE
P O. BOX 20068 ):T 1 '
24018
TELEPHONE
703-7741~97
FAX NO
703-774-0961
November 22, 1994
Mary F. Parker, CMC/AAE
City Clerk, City of Roanoke
215 Church Avenue, SW, Room 456
Roanoke, VA 24011-1536
RE: Rezoning - I. Wayne Ayers
5175 Peters Creek Road
Dear Ms. Parker:
Enclosed please find a Second Amended Petition to the Rezoning
which I would appreciate your filing with the original Petition I
filed in the above matter.
By copy of this letter, I am providing the Second Amended
Petition to Evelyn Dorsey for use in her review of this matter.
Should you need anything further, please advise.
Very truly yours,
Edward A. Natt
EAN/sse
Enclosure
pc:
Evelyn D. Dorsey (w/enc.)
Zoning Administrator/City Planner
Room 167, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
I. Wayne Ayers (w/enc.)
5175 Peters Creek Road
Roanoke, VA 24019
MARY F. PARKER, CMC/AAE
City Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue. S.W., Room 456
Roanoke, Virginia 2401 I-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
November 16, 1994
File #51
Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of an amended petition from Edward A. Natt,
Attorney, representing I. Wayne Ayers, requesting that a parcel of land located at
5175 Peters Creek Road, N. W., containing .86 acre, more or less, described as
Official Tax No. 6600102, be rezoned from LM, Light Manufacturing District, to C-1,
Office District, subject to certain conditions proffered by the petitioner.
Sincerely,
Mary
City Clerk
MFP: sm
r/ayers
Enc.
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron
and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018
Mr. I. Wayne Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronald H. Miller, Building Commissioner
Steven J. Taievi, Assistant City Attorney
VIRGINIA:
IN RE:
IN THE COUNCIL OF THE CITY OF ROANOKE
FIRST AMENDED PETITION F~
REZONING OF A TRACT OF LAND KNOWN AS
5175 PETERS CREEK ROAD
(TAX MAP NO. 6600102)
FROM ZONING DISTRICT LM (Light Manufacturing) TO
ZONING DISTRICT C-1 (0~fice District),
such rezoning to be subject to certain conditions
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE
The Petitioner, I. Wayne Ayers, owns land in the City of
located at 5175 Peters Creek Road (Tax Map No. 6600102).
~aid tract is currently zoned LM (Light Manufacturing). A map
the location of the property to be rezoned is attached
Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke
1979), as amended, the Petitioner requests that the said
be rezoned from LM (Light Manufacturing) to C-1 (Office
)istrict), subject to certain conditions set forth below for the
)urpose of bringing the existing use of the property into
:onformance with the Roanoke City Zoning Ordinance and for
~urther developing the property in accordance with the highest
~nd best use thereof.
The Petitioner hereby proffers and agrees that if the said
is rezoned as requested, that the rezoning will be subject
~o, and that the Petitioner will abide by, the following
=onditions:
1. That the development of the property will be in
~ubstantial conformity with the site development plan prepared
9y Jerome Donald Henschel, P.C. attached hereto as Exhibit B.
2. That the use of the property will be limited to office
]se.
map
Attached as Exhibit C are the names and addresses of tax
numbers of the owner or owners of all lots or property
immediately adjacent to immediately across a street or road from
the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described
property be rezoned as requested in accordance with the
~rovisions of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this /~ day of ~~ ,
994.
Respectfully Submitted,
I. WAYNE AYERS
Of Counsel
Edward A. Natt, Esq.
DSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
[919 Electric Road, S.W.
~oanoke, Virginia 24018
I703) 774-1197
VSB #1104
~a~Road
IRoanoke, VA 24019
!: \wpSO\st eph\ayers.Amd: sse11/14/94
EXHIBIT
Ir.~llBI I ~
ROANOKK C~T~
Nancy W. Cross
5153 Peters Creek Road, NW
Roanoke, VA 24018
Tax Map No. 6600101
James W. and Pamela C. Hardie
5219 Peters Creek Road, NW
Roanoke, VA 24019
Tax Map No. 6600103
Bliss, Inc.
5219 Peters Creek Drive,
Roanoke, VA 24019
Tax Map No. 6600111
Nancy W. Cross
Peters Creek Road, NW
Roanoke, VA 24018
Tax Map No. 6600114X
Nancy W. Cross
Peters Creek Road, NW
Roanoke, VA 24018
Tax Map No. 6600113X
United States of America
5301 Barns Avenue, NW
Roanoke, VA 24019
Tax Map NO. 6600201
ROANOKE COUNTY
Executive Park Associates
5330-5538 Peters Creek Road
Roanoke, VA 24019 :
Billy H. and Michael Branch
Centurion Road
Roanoke, VA 24019
Charles Ellis & Cullen
5297 Alexander Drive
Roanoke, VA 24019
Billy H. and
5153 Dogwood
Roanoke, VA
Michael Branch
Acres
24019
Sharon p. and Harold Coleman, Jr.
5200 Peters Creek Road
Roanoke, VA 24019
George O. and 0oroth¥ F.
5238 Peters Creek Road
Roamoke, VA 24019
0ent
ScOtt & Snyder Service Bureau
Peters Creek Road
Roanoke, VA 24019
Bluestone Industries, Inc.
5296 Peters Creek Road
Roanoke, VA 24019
MARY F. PARKER, CMC/AAE
C/ty Clerk
CITY OF ROANOKE
OFFICE OF THE CITY CLERK
215 Church Avenue, S.W., Room 456
Roanoke, Virginia 24011-1536
Telephone: (703) 981-2541
SANDRA H. EAKIN
Deputy City Clerk
November 9, 1994
File #51
Charles A. Price, Jr., Chairperson
City Planning Commission
Roanoke, Virginia
Dear Mr. Price:
Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as
amended, I am enclosing copy of a petition from Edward A. Natt, Attorney,
representing I. Wayne Ayers, requesting that a parcel of land located at 5175 Peters
Creek Road, N. W., containing .86 acre, more or less, described as Official Tax No.
6600102, be rezoned from LM, Light Manufacturing District, to C-2, General
Commercial District.
Sincerely
Mary F. Parker, CMC/AAE
City Clerk
MFP: sm
r/ayers
Enc o
pc:
The Honorable Mayor and Members of the Roanoke City Council
Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron
and Agee, P. C., 1919 Electric Road, S. W., Roanoke, Virginia 24018
Mr. I. Wayne Ayers, 5175 Peters Creek Road, N. W., Roanoke, Virginia 24019
John R. Marlles, Agent, City Planning Commission
Evelyn D. Dorsey, Acting Zoning Administrator
Ronaid H. Miller, Building Commissioner
Steven g. Talevi, Assistant City Attorney
OBT£RHOUDT, FERBUSON,
NATT, AHERON & AGEE
ATTORNEYS-AT-LAW
VIRGINIA:
iIN RE:
IN THE COUNCIL OF THE CITY OF ROA~NOKE
REZONING OF A TRACT OF LAND KNOWN AS
5175 PETERS CREEK ROAD
(TAX MAP NO. 6600102)
FROM ZONING DISTRICT LM (Light Manufacturing) TO
ZONING DISTRICT C-2 (General Commercial District)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
OF THE CITY OF ROANOKE
The Petitioner, I. Wayne Ayers, owns land in the city of
Roanoke containing 0.86 acres, more or less, located at 5175
Peters Creek Road in the City of Roanoke, Virginia (Tax Map No.
6600102). Said tract is currently zoned LM (Light
Manufacturing). A map of the property to be rezoned is attached
as Exhibit A.
Pursuant to Section 36.1-690, Code of the City of Roanoke
(1979), as amended, the Petitioner requests that the said
property be rezoned from LM (Light Manufacturing) District to C-
1 (Office District), for the purpose of bringing the existing
use of the property into conformance with the Ronoke City Zoning
Ordinance and for further developing the property in accordance
with the highest and best use thereof.
The Petitioner believes the rezoning of the said tract of
land will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will bring the
zoning of the property into conformity with its existing use and
allow for development of the property in accordance with the
highest and best use thereof.
NATT, AH£RQN & AB£E
ATTDRNEYS'AT*LAW
Attached as Exhibit B are the names, addresses and tax
numbers of the owner or owners of all lots or property
immediately adjacent to immediately across a street or road from
the property to be rezoned.
WHEREFORE, the Petitioner requests that the above-described
tract be rezoned as requested in accordance with the provisions
of the Zoning Ordinance of the City of Roanoke.
Respectfully submitted this ~ day of
1994.
Respectfully Submitted,
I. WAYNE AYERS
of Counsel
Edward A. Natt, Esq.
OSTERHOUDT, FERGUSON, NATT,
AHERON & AGEE, P.C.
1919 Electric Road, S.W.
Roanoke, Virginia 24018
(703) 774-1197
VSB #1104
I~. Wa~ Ay~f~
15175 Pe~er~reek Road
Roanoke, VA 24019
~: \wp50\steph\ayers. Pet: ssel 1/07/94
phase II
building
~xistin_g
Z.
'~rginia route 117~ Peters Creek Road NW.
ROANOKE CITY
Nancy W. Cross
5153 Peters Creek Road,
Roanoke, VA 24018
Tax Map No. 6600101
NW
James W. and Pamela C. Hardie
5219 Peters Creek Road, NW
Roanoke, VA 24019
Tax Map No. 6600103
Bliss, Inc.
5219 Peters Creek Drive,
Roanoke, VA 24019
Tax Map No. 6600111
NW
Nancy W. Cross
Peters Creek Road, NW
Roanoke, VA 24018
Tax Map No. 6600114X
Nancy W. Cross
Peters Creek Road, NW
Roanoke, VA 24018
Tax Map No. 6600113X
United States of America
5301 Barns Avenue, NW
Roanoke, VA 24019
Tax Map No. 6600201
ROANOKE COUNTY
Executive Park Associates
5330-5538 Peters Creek Road
Roanoke, VA 24019
Billy H. and Michael Branch
Centurion Road
Roanoke, VA 24019
Charles Ellis & Cullen
5297 Alexander Drive
Roanoke, VA 24019
Billy H. and Michael Branch
5153 Dogwood Acres
Roanoke, VA 24019
Sharon P. and Harold Coleman, Jr.
5200 Peters Creek Road
Roanoke, VA 24019
George O. and Dorothy F.
5238 Peters Creek Road
Roanoke, VA 24019
Dent
Scott & Snyder Service Bureau
Peters Creek Road
Roanoke, VA 24019
Bluestone Industries, Inc.
5296 Peters Creek Road
Roanoke, VA 24019