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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 ao 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 Co 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 bo 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 SHE:sm Eno. 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. SHE:sm 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. pc: 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 mm o 0 0 0 0 0 o 0 o 0 0 0 0 o # 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