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HomeMy WebLinkAboutCouncil Actions 05-22-95WYATT 32477 REGULAR WEEKLY SESSION ROANOKE CITY CO UNCIL CITY COUNCIL CHAMBER May 22, 1995 3:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Ali Present. The Invocation was delivered by Mayor David A. Bowers. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor Bowers. Welcome. Mayor Bowers. ANNOUNCEMENTS: None. SPECIAL PRESENTATIONS: Proclamation declaring May 21 - 27, 1995, as Public Works Week in the City of Roanoke was presented to William F. Clark, Director, Public Works. File #3-183 2. CONSENT AGENDA C-1 C-2 C-3 (APPROVED 7-0) ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE MEMBERS OF CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF DISCUSSION IS DESIRED, THE ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Minutes of the regular meeting of City Council held on Monday, March 13, 1995; and the regular meeting held on Monday, March 27, 1995. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. A communication from Mayor David A. Bowers transmitting copy of a News Release fi:om The Roanoke Valley Convention & Visitors Bureau, setting forth convention, visitor and tourism statistics for the past year. RECOMMENDED ACTION: Receive and file. File #132-293-336 A communication fi:om Mayor David A. Bowers transmitting correspondence fi:om Charles L. Williams, Jr., President of the Roanoke Bar Association, requesting that the City consider naming the law hbrary in honor of the late Law Librarian, Clayne M. Calhoun. RECOMMENDED ACTION: File #129-132-290-367 Refer to the City Manager and City Attorney for appropriate review, recommendation and report to Council. 2 C-4 C-5 C-6 C-7 C-8 A communication from Mayor David A. Bowers transmitting correspondence from the Government Finance Officers Association advising that the Director of Finance and his staff have qualified for a Certificate of Achievement for Excellence in Financial Reporting. RECOMMENDED ACTION: Receive and file with commendation to the File #1-132-184 Director of Finance and his staff. A communication from W. Bolling Izard, Chahman, Industrial Development Authority of the City of Roanoke, transmitting correspondence from Stanley R. Hale tendering his resignation as a Director of the Authority, effective immediately. RECOMMENDED ACTION: Receive and file the communications and File #15-110-207 accept the resignation with regret. Qualification of W. Robert Herbert as a Commissioner of the Hotel Roanoke Conference Center Commission for a term of four years ending April 12, 1999. RECOMMENDED ACTION: Receive and file. File #15-110-247-258 A report of the City Manager requesting that Council convene in Executive Session to discuss disposition of publicly held property, specifically property in the downtown section of the City of Roanoke, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. File #2-132-166-277 A report of the City Manager requesting that Council convene in Executive Session to discuss acquisition of real property for public purpose, specifically property in the downtown section of the City of Roanoke, pursuant to Section 2.1-344 (A)(3), Code of Virginia (1950), as amended. File #2-132-166-277 3 REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: a. OTHER HEARINGS OF CITIZENS: The following persons addressed Council with regard to Jackson Middle School renovations: E. Alan Argabright Libby Martin Joey T. Moldenhauer Lisa S. Updike Robert E. Zimmerman Pamela B. Meador Dr. John IL Kern Comments were received and ~ed. File 066-467 4. PETITIONS AND COMMUNICATIONS: A communication from the Roanoke City School Board recommending appropriation of funds to certain school grant accounts; and a report of the Director of Finance concunSng in the request. Adopted Budget Ordinance No. 32483-052295. (7-0) File #60-236-467 A communication t~om Vice-Mayor John S. Edwards in connection with a proposal of the Roanoke Arts Commission to locate a piece of sculpture on Mill Mountain to commemorate the Sister Cities Program. Referred to the City Manager for review, analysis and report to Council, Council Member McCadden voted no. File 067-132-230-311-327 REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A joint report of the City Manager and the Director of Finance recommending transfer of personnel lapse funds i~om depa~hnental accounts to the Personnel Lapse account. Adopted Budget Ordinance No. 32484-052295. (7-0) File #60-184-202-385 A report recommending execution of a grant agreement with the Northwest Neighborhood Enviromental Organization for the purchase of two vacant houses located at 803 and 809 G/lmer Avenue, N. W.; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32485-052295 and Resolution No. 32486-052295. (7-0) File 060-165-178-236 5 A report in connection with construction of a traffic signalization project at the intersection of Hollins Road and Old Mountain Road, N.E. Adopted Budget Ordinance No. 32477-052295, Resolution No. 32478-052295 and Ordinance No. 32479-052295. (7-0) File #2.20.28-30-53-57-60-183-217-514 A report with regard to a City-State Agreement for the Peters Creek Road Extension project. Adopted Budget Ordinance No. 32480-052295, Resolution No. 32481-052295 and Resolution No. 32482-052295. (7-0) File 020.27-28-53-183-217-468-472-514 A report recommending acquisition of permanent and temporary construction easements across certain properties by making offers based on appraisals and instituting condemnation if necessary, in connection with the City's infiltration/inflow reduction program. Adopted Ordinance No. 32487-052295. (7-0) File #2-27-28-30-183-468 A report recommending execution of individual contracts for the demolition of specific buildings declared by the Building Commissioner to be public nuisances and unsafe; and transfer of funds in connection therewith. Adopted Budget Ordinance No. 32488-052295. (7-0) File #32-60-95 A report in connection with an Incentive Program for Emergency Medical Services Volunteers. Adopted Resolution No. 32489-052295. (7-0) File #79-106-354 o 10. 11. A report recommending appropriation of funds received from the Depa~iment of Youth and Family Services for a F~mily Oriented Group Homes program to be administered through the Crisis Intervention Center (Sanctuary). Adopted Budget Ordinance No. 32490-052295. (7-0) File #60-72-236-304 A report recommending adoption of a measure in support of the formation of a Regional Commission on Organ and Tissue Donation and Transplantation. Adopted Resolution No. 32491-052295. (7-0) File #68-72-175-389 Adopted Ordinance No. 32492 rezoning three tracts of land located on the north side of Maddock Avenue, N. E., described as Official Tax Nos. 3080812, 3080813 and 3080814, from RM-1, Residential Multi-Family, Low Density District, to C-2, General Commercial District, on first reading. (7-0) File #51 Adopted Ordinance No. 32493 permanently vacating, discontinuing and closing a 150-foot section of Maddock Avenue, N. W., extending in a westerly direction from Williamson Road, located between lots bearing Official Tax Nos. 3080901, 3080903, 3080812 and 3080814, on first reading. (7-0) File #514 DIRECTOR OF FINANCE: 1. A financial report for the month of April, 1995. Received and filed. File #1-10 CITY ATTORNEY: A report relating to insurance requirements for use of employee motor vehicles in City business. Adopted Ordinance No. 32494-052295. (7-0) File 058-184-361 6. REPORTS OF COMMITTEES: None. 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 32448, on second reading, authorizing the proper City officials to enter into a lease agreement between the City and Rush Entertainment Group, Inc., for use of Victory Stadium by the Roanoke Rush senn-professional football team, authorizing the reduction of rental fees for the 1995 season only, upon certain terms and conditions. Adopted Ordinance No. 32448-052295. (7-0) File #58-6%122-259-169-373 Ordinance No. 32469, on second reading, amending and reordaining Section 32-86, ~, Code of the City of Roanoke (1979), as amended, by adding a new subsection (d) increasing bom $24,000 to $26,000 the total combined annual income threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1996; and amending current subsection (d) of Section 32-86, ~, to redesignate such subsection as subsection (e). Adopted Ordinance No. 32469-052295. (7-0) File 024-79-353 8 do e# Ordinance No. 32471, on second reading, amending and reordaining Sections 32-275, l~fillitio~, and 32-276, ~, of the Code of the City of Roanoke (1979), as amended, to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-1 Emergency Telephone System; and providing for an effective date. Adopted Ordinance No. 32471-052295. (7-0) File #24-79-169-188 Ordinance No. 32473, on second reading, rezoning a tract of land located at 1017 Curtis Avenue, N. W., described as Lot 12, Block 5, Airlee Court, Official Tax No. 2190712, fi:om RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32473-052295. Bowles voted no.) File 051 (6-1, Council Member Ordinance No. 32474, on second reading, rezoning a tract of land located at 4129 and 4135 Salem Turnpike, N. W., described as Official Tax Nos. 6050101 and 6050102, fi:om RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 32474-052295. (7-0) File #51 Ordinance No. 32475, on second reading, rezoning a tract of land located at the northwest terminus of Lynn Brae Drive, N. E. (also known as Market Square Drive) and abutting the eastern boundary of Statesman cribed as Official Tax No. 7150102, from LM, Light Park, des. · --- -~ Manufacturing District, subject to Manufacturing District, to 1-LM, eteavy certain conditions proffered by the petitioner. Adopted Ordinance No. 32475-052295. (7-0) File #51 A Resolution recognizing and commending the meritorious services rendered to the City by James G. Harvey, II, Chairman, Hotel Roanoke Conference Center Commission. Adopted Resolution No. 32495-052295. {7-0) File #80-110-24%258 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. 10. OTHER HEARINGS OF CITIZENS: None. CERTIFICATION OF EXECUTIVE SESSION. (7-0) 10 City Clerk's Office City of Roanoke, Virginia May 30, 1995 Ronald S. Albright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 1995 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 1995 Michael Meise Acting Law Librarian Roanoke, Virginia Dear Mr. Meise: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 The Honorable Gordon E. Peters Treasurer Roanoke, Virginia Dear Mr. Peters: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Resolution No. 32489-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 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. 32448-052295 Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32480-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Budget Ordinance No. 32483-052295 Budget Ordinance No. 32484-052295 Budget Ordinance No. 32485-052295 Resolution No. 32486-052295 Ordinance No. 32487-052295 Budget Ordinance No. 32488-052295 Resolution No. 32489-052295 Budget Ordinance No. 32490-052295 Resolution No. 32491-052295 Ordinance No. 32494-052295 Resolution No. 32495-052295 W. Robert Herbert May 30, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30,1995 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. 32448-052295 Ordinance No. 32469-052295 Ordinance No. 32471-052295 Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32460-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Budget Ordinance No. 32483-052295 Budget Ordinance No. 32484-052295 Budget Ordinance No. 32485-052295 Resolution No. 32486-052295 Ordinance No. 32487-052295 Budget Ordinance No. 32488-052295 Resolution No. 32489-052295 Budget Ordinance No. 32490-052295 Resolution No. 32491-052295 Ordinance No. 32494-052295 James D. Grisso May 30,1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 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. 32448-052295 Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Resolution No. 32486-052295 Ordinance No. 32487-052295 Resolution No. 32489-052295 Resolution No. 32491-052295 Ordinance No. 32494-052295 Resolution No. 32495-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 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: Ordinance No. 32448-052295 Ordinance No. 32469-052295 Ordinance No. 32471-052295 Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32480-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Budget Ordinance No. 32483-052295 Budget Ordinance No. 32484-052295 Ordinance No. 32487-052295 Budget Ordinance No. 32488-052295 Resolution No. 32489-052295 Resolution No. 32491-052295 Ordinance No. 32494-052295 Diane S. Akers May 30,1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 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: Budget Ordinance No. 32484-052295 Budget Ordinance No. 32490-052295 Resolution No. 32491-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm El3c. City Clerk's Office City of Roanoke, Virginia May 30, 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. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 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: Ordinance No. 32471-052295 Budget Ordinance No. 32484-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 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. 32448-052295 Ordinance No. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32480-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Budget Ordinance No. 32484-052295 Budget Ordinance No. 32485-052295 Resolution No. 32486-052295 Ordinance No. 32487-052295 Budget Ordinance No. 32488-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm City Clerk's Office City of Roanoke, Virginia May 30, 1995 Ellen S. Evans Construction Cost Technician Roanoke, Virginia Dear Ms. Evans: I am attaching copy of the following measures that pertain to the Engineering Department: Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32480-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Ordinance No. 32487-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 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: Budget Ordinance No. 32484-052295 Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32480-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Ordinance No. 32487-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30,1995 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. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32480-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 Ordinance No. 32487-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Offioe City of Roanoke, Virginia May 30, 1995 Robert A. Agnor, Manager Communications Department Roanoke, Virginia Dear Mr. Agnor: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32471-052295 The abovereferencad measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 John R. Marlles, Chief Planning and Community Development Roanoke, Virginia Dear Mr. Marlles: I am attaching copy of the following measure that pertains to your department: Resolution No. 32486-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 Ronald H. Miller Building Commissioner Roanoke, Virginia Dear Mr. Miller: I am attaching copy of the following measures that pertain to your department: Resolution No. 32486-052295 Budget Ordinance No. 32488-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: H. Daniel Pollock, Housing Development Coordinator City Clerk's Office City of Roanoke, Virginia May 30, 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 directorate: Ordinance No. 32469-052295 Ordinance No. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 1995 The Honorable Marsha Compton Fielder Commissioner of the Revenue Roanoke, Virginia Dear Ms. Fielder: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Resolution No. 32489-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Glerk's Office City of Roanoke, Virginia May 30, 1995 Deborah J. Moses, Chief Billings & Collections Roanoke, Virginia Dear Ms. Moses: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32448-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 Kathy Brickey Real Estate Appraiser Aide Office of Real Estate Valuation Roanoke, Virginia Dear Ms. Brickey: I am attaching copy of the following measures that pertain to the Office of Real Estate Valuation: Ordinance No. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995, If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 1995 Mariam K. Alam Neighborhood Partnership Coordinator Roanoke, Virginia Dear Ms. Alam: I am attaching copy of the following measure that pertains to your department: Resolution No. 32486-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 William L. Stuart, Manager Streets and Traffic Roanoke, Virginia Dear Mr. Stuart: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32477-052295 Resolution No. 32478-052295 Ordinance No. 32479-052295 Budget Ordinance No. 32480-052295 Resolution No. 32481-052295 Resolution No. 32482-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Robert K. Bengtson, Traffic Engineer City Clerk's Office City of Roanoke, Virginia May 30, 1995 Kenneth S. Cronin, Manager Personnel Department Roanoke, Virginia Dear Mr. Cronin: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32448-052295 Ordinance No. 32494-052295 Resolution No. 32491-052295 The aboverefemnced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandre H. Eakin Deputy City Clerk SHE:sm Enc. pc: Glenn A. Asher, Risk Management Officer City Clerk's Office City of Roanoke, Virginia May 30, 1995 John W. Coates, Manager Parks and Recreation/Grounds Maintenance Roanoke, Virginia Dear Mr. Coates: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32448-052295 Ordinance No. 32487-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:sm Enc. pc: Henry E. Culp, Superintendent, Parks and Grounds James Newman, Business Coordinator, Parks and Recreation City Clerk's Office City of Roanoke, Virginia May 30, 1995 D. Darwin Roupe, Manager General Services Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32487-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clert('e Office City of Roanoke, Virginia May 30, 1995 Wanda L. Reed, Manager Emergency Services Roanoke, Virginia Dear Ms. Reed: I am attaching copy of the following measure that pertains to your department: Resolution No. 32489-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc, City Clerk's Office City of Roanoke, Virginia May 30, 1995 Andrea B. Krochalis, Manager Crisis Intervention Center Roanoke, Virginia Dear Ms. Krochalis: I am attaching copy of the following measure that pertains to your department: Budget Ordinance No. 32490-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 Charles A. Harlow Acting Grants Monitoring Administrator Grants Compliance Roanoke, Virginia Dear Mr. Harlow: I am attaching copy of-the following measure that pertains to your department: Resolution No. 32486-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk'a Office City of Roanoke, Virginia May 30,1995 Dr. Molly Rutledge Acting Director Roanoke City Health Department Roanoke, Virginia Dear Dr. Rutledge: I am attaching copy of the following measure that pertains to your department: Resolution No. 32491-052295 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 Patsy A. Bussey, Clerk Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Ms. Bussey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk'e Office Gity of Roanoke, Virginia May 30,1995 The Honorable Joseph M. Clarke, II, Chief Judge The Honorable John B. Ferguson, Judge The Honorable Philip Trompeter, Judge The Honorable Joseph P. Bounds, Judge Juvenile and Domestic Relations District Court Roanoke, Virginia Dear Judge Clarke, Judge Ferguson, Judge Trompeter and Judge Bounds: I am attaching copy of the following measures that pertain to the Juvenile and Domestic Relations District Court: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 The Honorable Donald S. Caldwell Commonwealth's Attorney Roanoke, Virginia Dear Mr. Caldwell: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995, If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 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 measures that pertain to the General District Court: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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 May 30, 1995 The Honorable Roy B. Willett, Chief Judge The Honorable G. O. Clemens, Judge The Honorable Clifford R. Weckstein, Judge The Honorable Diane McQ. Strickland, Judge The Honorable Richard C. Pattisall, Judge The Honorable Robert P. Doherty, Judge Twenty-Third Judicial Circuit Roanoke, Virginia Dear Judge VVillett, Judge Clemens, Judge Weckstein, Judge Strickland, Judge Pattisall and Judge Doherty: I am attaching copy of the following measures that pertain to the Circuit Court: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 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, Virgini& May 30, 1995 Evelyn D. Dorsey Zoning Administrator Roanoke, Virginia Dear Ms. Dorsey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32473-052295 Ordinance No. 32474-052295 Ordinance No. 32475-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. City Clerk's Office City of Roanoke, Virginia May 30, 1995 Bobby D. Casey Office of the Magistrate Roanoke, Virginia Dear Mr. Casey: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32469-052295 Ordinance No. 32471-052295 Ordinance No. 32494-052295 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. If you have questions, please do not hesitate to call me. Sincerely, Sandm H. Eakin Deputy City Clerk SHE:sm Enc. MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY CLERK'S OFFICE DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-2444 May 15, 1995 The Honorable Members of Roanoke City Council Roanoke, Virginia 24011 Dear Members of Council: I just wanted to provide for your information the enclosed News Release dated May 10, 1995, from The Roanoke Valley Convention & Visitors Bureau. It indicates that the number of convention attendees visiting Roanoke over the last couple of years has almost doubled, that the number of visitors checking in at our Information Center on the City Market has increased by 6,000 persons in just one year (approximately an increase of 17,000 over the last three years), and that the economic impact of tourism in our City has tripled from $8,000,000 to $25,000,000 in just the last couple of years. These are tremendous statistics indicating that our tourism initiative has been, and will continue to be, successful. Thank you for your support. I ask that this correspondence be placed on the Consent Agenda and thereafter be merely received and filed. DAB:js:sc Sincerely, Mayor Enclosure & Visitors Bureau NEWS MAY 10, 1995 FOR MORE INFORMATION, PT.RASE C~T.T.: Martha Mackey 342-6025 Convention attendees nearly doubled during the past year while their economic impact nearly tripled, tourism leaders said as they announced that the Roanoke Valley has received the coveted Virginia Tourism Program accreditation. Tourism is a "treasure trove of economic opportunity in your back yard. But regionalism will be the key to future tourism growth," said Beverly Fitzpatrick, Jr., executive director of the New Century Council and keynote speaker at the Virginia Heritage Tourism Weeks news conference May 10. · Figures released showed that 41,757 convention attendees visited Roanoke during 1993-94 compared to 22,660 in 1992-93. The economic impact during 1993-94 was $25,232,355 compared to $8,856,000 during 1992-93. Convention bookings nearly doubled, from 24 to 42 during the last year, according to Martha Mackey, executive director of the Roanoke Valley Convention & Visitors Bureau. Total convention room nights increased from 19,270 during 1992-93 to 32,322 during 1993-94. More "Capital of the Blue Ridge" (703) 342-6025 Marketplace Center 114 Market Street, Roanoke, Virginia 24011-1402 Add 1 Tourism The number of visitors to the Roanoke Valley Visitors Information Center rose from 39,234 during 1993 to 45,714 during 1994. Tax revenues to the Roanoke Valley increased from $10,373,909 during 1992-93 to $11,326,077 during 1993-94. Said Mackey, "Three factors will cause these economic impact figures to increase this year. First, the opening of the Hotel Roanoke and Conference Center. Second, the fact that we have three convention sales people this year instead of one. And third, Roanoke will receive special promotional consideration from the state since we have passed its stringent tourism accreditation program." Roanoke's Accreditation Committee has worked since 1992 to secure the designation by meeting standards in five areas including the tourism promotion organization, situation analysis and improvement plan, tourism information and promotion, existing tourism industry program and "capstone" simulation exercise. Completing the program will result in a special promotional designation from the state, according to Catherine Fox, tourism development manager. Accreditation also assigns a priority status to Roanok~ ae the state reco-~nds destinations to tour operators, travel agents and travel writers. More Add 2 Tourism In addition to earning the accreditation status, the Roanoke Valley Convention & Visitors Bureau also is coming off a year of "firsts," according to President Gerald Carter. "Last year was our first full year of strategic plan activity. Our organization has created a firm foundation for the future of tourism in the Roanoke Valley," Carter said. "We were the first in Virginia to create a cooperative regional meeting planners' guide and the first to create a hologram advertisement which produced 100 inquiries in the first printing." A poster of the hologram -- which some people see immediately while others are still searching -- is for sale for $10 at the Downtown Visitors Center. Fitzpatrick also announced that Catherine Fox and Granger MacFarlane have been appointed to attend America's first White House Conference on Travel & Tourism. The purpose of the conference is to increase the understanding and appreciation of the importance of travel and tourism and recommend strategies and programs that will best enable the industry to fulfill its economic potential into the 21st Century. The c~eren~e will focus on nine areas: product development, technology, facilitation/reduction of barriers, research, promotion, infrastructure development, education/training, environmental concerns and traveler safety and security. More Add 3 Tourism The conference also will encourage partnerships among tourism, historic preservation groups, Main Street communities and local governments as heritage tourism grows in importance, Carter said. Dr. John Kern cited the renovation of Hotel Roanoke as an example of heritage tourism demonstrating that "history is good for business." For example, renovation of the Roanoke City Market Historic District has stimulated more than $300 million in investment since 1982. ~ Kern, director of the Roanoke Regional Preservation Office, said the marketplace has shown that historic preservation supports not only itself, it also provides economic benefits to surrounding properties. Special awards capped off the news conference. John Poff of Krisch Hotels was honored as one of the first board members of the bureau, "an important contributor who had a lot to do with our growth," according to Mackey. E. C. Warren, owner and manager of the Roanoker Restaurant received the "Golden Star Award" for exceptional service to the tourism industry. Judy Gr£emenbro~k, executive vice president of the Salem- Roanoke County Cb-mher of Commerce, was presented with the "TourlsmAmbassador" award. Hugh Brown was recognized for his long volunteer hours at the Visitors Center. ### 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 Ci .~ Ce k May 25, 1995 File #129-132-290-367 W. Robert Herbert City Manager Roanoke,.Virginia Gentlemen: Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia I am enclosing copy of a communication from Mayor David A. Bowers transmitting correspondence from Charles L. Williams, Jr., President of the Roanoke Bar Association, requesting that the City consider naming the law library in honor of the late Law Librarian, Clayne M. Calhoun, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. On motion duly seconded and unanimously adopted, the request was referred to you for appropriate review, recommendation and report to Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc, pc: Charles L. Williams, Jr., President, Roanoke Bar Association, P. O. Box 1018, Roanoke, Virginia 24005 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 May 15, 1995 The Honorable Members of Roanoke City Council Roanoke, Virginia 24011 Dear Members of Council: Please find enclosed correspondence dated May 5, 1995, from Charles L. Williams Jr., President of the Roanoke Bar Association. As you may know, our distinguished law librarian, Clayne M. Calhoun, passed away within the last month, and the Roanoke Bar Association wishes to have the Law Library named in her honor. Accordingly, I am asking that this request of the Roanoke Bar Association be placed on our Consent Agenda and thereafter referred to the City Manager and the City Attorney for any appropriate review, recommendation, and report back to Council. Sincerely, David A. Bowers Mayor DAB:js:sc Enclosure pc: Charles L. Williams, Jr., President Roanoke Bar Association Charl~ L. Williams, Jr., President ?. O. Box 1018 Rs:x~mok¢, VA :~4005 Divvx~ No.: 703.9~3o9375 ROANOKE BAR ASSOCIATION ROANOKE, VIRGINIA May 5, 1995 MAY $ 1995 MAYOR'S The Honorable David A. Bowers City of Roanoke 452 Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Dear Mayor Bowers: With the loss of our law librarian, Clayne M. Calhoun, the Roanoke Bar Association feels that we have lost a dedicated servant. It was Ms. Calhoun's efforts that made the Bar Library what it is today. In recognition of her service, the Board of the Roanoke Bar Association on May 3 adopted by unanimous vote a resolution by which I am authorized to ask that the City consider naming the law library in honor of Ms. Calhoun. We ask that you please consider this and let me know what the sense of the City is on this subject. Very truly yours, Charles L. Williams, Jr. CLWjr/lbs 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 May 15, 1995 The Honorable Members of Roanoke City Council Roanoke, Virginia 24011 Dear Members of Council: Please find enclosed correspondence dated May 8, 1995, from the Government Finance Officers Association notifying the City of Roanoke with regard to our Director of Finance and his staff qualifying for a Certificate of Achievement for Excellence in Financial Reporting, the highest form of recognition in Public Employee Retirement System (PERS) account and financial reporting. Special recognition is given to Joyce Sparks, the Retirement Accountant. I respectfully request that this letter be placed on the Consent Agenda of Council with our commendation noted for Jim Grisso and Joyce Sparks. When the actual certificate is received, I would ask that we might make the presentation to the appropriate employees of our City at a Council meeting. Sincerely, Mayor DAB:is:sc Enclosure GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue, Suite 800, Chicago. Illinois 60601 312/977-9700 · Fax: 312/977-4806 RECEIVED MAY 1 1 1995 MAYOR'S OFFI May 8, 1995 The Honorable David A. Bowers Mayor City of Roanoke Pension Plan P.O. Box 1220 Roanoke, VA 24011 Dear Mayor Bowers: We are pleased to notify you that your annual component unit finan- cial report for the fiscal year ended June 30, 1994 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in Public Employee Retirement System (PERS) accounting and financial reporting, and its attainment represents a signifi- cant accomplishment by a PERS and its management. When a Certificate of Achievement is awarded to a PERS, an Award of Financial Reporting Achievement is also presented to the individual designated by the PERS as primarily responsible for its having earned the certificate. Enclosed is an Award of Financial Reporting Achievement for: Joyce Sparks, Retirement Accountant. The Certificate of Achievement plaque will be shipped under sepa- rate cover in about eight weeks. We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. To assist with this, a sample news release and the 1994 Certificate Program results are enclosed. We hope that your example will encourage other PERS officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, GOVERNMENT FINANCE OFFICERS ASSOCIATION Stephen J. Gauthier Director/Technical Services Center SJG/kas Enclosures WASHINGTON OFFICE 1750 K Street, N.V~, Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 GOVERNMENT FINANCE OFFICERS ASSOCIATION 180 North Michigan Avenue. Suite 800. Chicago, Illinois 60601 312/977-9700 · Fax: 312/977-4806 May 8, 1995 NEWS RELEASE (Chicago)--The Certificate of Achievement cial Reporting has been awarded to: CITY OF ROANOKE PENSION PLAN For information contact: Stephen Gauthier (312) 977-9700 for Excellence in Finan- by the Government Finance Officers Association of the United States and Canada (GFOA) for its component unit financial report (CUFR). The Certificate of Achievement is the highest form of recognition in the area of public employee retirement system (PERS) accounting and financial reporting, and its attainment represents a significant accomplishment. An Award of Financial Reporting Achievement has been awarded to the individual designated as primarily responsible for preparing the award-winning CAFR. This has been presented to: JOYCE SPARKS, RETIREMENT ACCOUNTANT The CUFR has been judged by an impartial panel to meet the high standards of the program including demonstrating a construc- tive "spirit of full disclosure,, to clearly communicate its financial story and motivate potential users and user groups to read the CUFR. The GFOA is a nonprofit professional association serving 12,625 government finance professionals with offices in Chicago, Illinois, and Washington, D.C. 30 WASHINGTON OFFICE 1750 K Street, N.W., Suite 650, Washington, DC 20006 202/429-2750 · Fax: 202/429-2755 PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING The Certificate of Achievement for Excellence in Financial Reporting is the highest form of recognition for state and local governments. The Certificate program thereby advocates that recipients be formally recognized for their outstanding accom- plishments. If you would like a formal presentation of the Certificate of Achievement plaques, you should contact your GFOA State Representative. Your representative's mailing address and phone number is as follows: J. Jeffrey Lunsford Director of Fiscal Management County of Montgomery P.O. Box 806 Christiansburg, VA 24073 703/382-6960 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) 981-254I SANDRA H. EAKIN Deputy City Clerk May 25, 1995 File #15-110-207 Mr. Stanley R. Hale 3442 Kershaw Road, N. W. Roanoke, Virginia 24017 Dear Mr. Hale: Your communication tendering your resignation as a Director of the Industrial Development Authority of the City of Roanoke, effective immediately, was before the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. On motion, duly seconded, and unanimously 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 Director of the Industrial Development Authority of the City of Roanoke. Please find enclosed a Certificate of Appreciation and an aedalview photograph of the Roanoke Valley which was issued by the Mayor on behalf of the Members of the Roanoke City Council. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Mr. Stanley R. Hale May 25,1995 Page 2 pc: W. Bolling Izard, Chairman, Industrial Development Authority of the City of Roanoke, 310 First Street, S. W., Roanoke, Virginia 24011 Margaret R. Baker, Secretary, Industrial Development Authority of the City of Roanoke, 310 First Street, S. W., Roanoke, Virginia 24011 W. Bolling Izard Chairman Margaret R. Baker Secretary-Treasurer 310 First Street, S.W., Mezzanine Roanoke, Virginia 24011 May 2, 1995 RE:'"SIVED MAYO,, 3 OFFICE Telephone (703) 9834)700 Mayor David A. Bowers City of Roanoke 215 Church Avenue, S. W. Roanoke, Virginia 24011 Dear Mayor Bowers: I would imagine you have been apprised of Stanley Hale's resignation as a member of the Board of The Industrial Development Authority of The City of Roanoke, Virginia. While I have been unable to reach him by telephone, his letter of resignation advises that his current schedule will not "permit me to continue this position." At the present time, I know of nothing to come before The Authority and will await Council's decision as to Stanley's replacement. I would, however, hope this replacement could be made within the near future in order that we may be assured of a quorum at future meetings. I speak for all of the members of the Authority Board when I say that we look forward to working with Council's selection. With best wishes, I am Sincerely, Chairman ______~U?hWEST VIRGINIA COMMUNITY DEVELOPMENt FUND 401Jlrll~gT STRELfT, N,W. RO,~IOK~_ VIRGINIA ~. leg~ April 21, 1995 ~r. W. ~olling Izard, Chairman Industrial Development Authority City of ROanoke 310 First Street, SW Roanoke, VA 24011 gea=pi.-. Izard: I regret to infor~ you that ef£ective i~"-3ediately, I am resigning as a mesmber of the I~dUstriak D~velopm~nt Authority. My current schedule wi1! not perm/t me to continue in this position. I hav~ enjoyed my association with ~he iDA meanders. President 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 May 25, 1995 File #15-110-247-258 Dr. Raymond D. Smoot, Jr., Secretary Hotel Roanoke Conference Center Commission Virginia Tech 312 Burruss Hall Blacksburg, Virginia 24061-0142 Dear Dr. Smoot: This is to advise you that W. Robert Herbert has qualified as a Commissioner of the Hotel Roanoke Conference Center Commission for a term of four years ending April 12, 1999. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm pc: Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center Commission, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, W, Robert Herbert, 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 Commissioner of the Hotel Roanoke Conference Center Commission for a term of four years ending April 12, 1999, according to the best of my ability. So help me God. Subscribed and sworn to before me this ,~ day of /~2L/ 1995. ARTHUR B. CRUSH, III, CLERK BY Roanoke, Virginia May 22, 1995 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: This is to request that Council convene in Executive Session to discuss acquisition of real property for public purpose, specifically property in the downtown section of the City of in accordance with Section 2.1-344(A)(3) of the Code of (1950), as amended. Roanoke, Virginia WRH:KBK:afm cc: Respectfully submitted, W. Robert Herbert City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Roanoke, Virginia May 22, 1995 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: This is to request that Council COnvene in Executive Session to discuss disposition of publicly held property, Specifically property in the downtown section of the City of Roanoke, in accordance with Section 2.1-344(A)(3) of the Code of Virginia (1950), as amended. WRH:KBK:afm cc: Respectfully submitted, City Manager Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Persons wishing to address City Council with regard to Jackson Middle School Renovations: ~2. /3. (5. E. Alan Argabright, 602 Dale Avenue, S. E., Roanoke 24013, representing Southeast Action Forum Libby Martin, 936 Estates Road, S. E., Roanoke 24014 Joey T. Moldenhauer, 3081 Harborwood Road, Salem 24153, representing Archeological Society of Virginia and Roanoke Valley Preservation Foundation Lisa S. Updike, 2519 Windsor Avenue, S. W., Roanoke 24015, presenting petitions Robert E. Zimmerman, 912 Salem Avenue, S. W., Roanoke 24016 Pamela B. Meador, 1525 Wilson Street, S. E., Roanoke 24013 ROANOH!~ VALLNY PRESER~AT±ON POUN~AT!0N Statement of Roanoke Valley Preservation Po~dation regarding the decision by the Roanoke City School Board, to raze the front portion of Jaekson Junior High School: The Roanoke Valley Preservation Foundation supports the pres- ervation and adaptive use of all b~storically significant buildings and landmarks wherever possible. Jackson Junior High, built in 1923, fits the criteria of an historic building having significance not only to the local South- east community but in the educational building tradition of' the entire Roanoke City school system. Therefore, the Roanoke Valley Preservation Foundation recommends that Roanoke City continue its fine program of school restoration and not raze Jackson Junior High. W: share the concerns that have been raised by the c~tizens of Southeast. We were also unaware of the proposal to remove the older part of the school. The Hoanoke Valley Preservation Foundation asks that Roanoke City Council reconsider this project and not allocate funds for the proposed contract to remove the front part of the structure. Many lingering questions need to be considered; Some of them are: 1. The budgetary cost of restoration vs. replacement with a new building. 2. Why the public was seemingly unaware of t~e proposed razing of part of Jackson Junior Nigh. 3. Whether a second opinion can be obtained from another architect. 4. What the loss of the historic front of Jackson Junior High will mean to the Southeast community in terms of its cohesiveness, identity and sense of place. 5. Why it was feasible to restore several other school bu{ld- ings and not Jackson Junior High. (A statement from the 30-member board of the foundation) Gzcrgc =K*,~lay~4~.~i~A~n~ - I am here on the subject of Jackson Middle School. We, the people of Southeast, didn't know that renovation meant demolition. We trusted the people we elected to do what they said would be done. We had seen the other schools that had been renovated and we thought we were getting the same. Renovation not demolition. I think some people have been lead to believe that it cannot be done. Anything can be done if we set our mind on it. I would like to clear up one thing. We are not trying to stop any funding for the school. We are not trying to keep the children from getting an education. We are trying to save something that belongs to us. We, the real people of Southeast, have feelings for the old school. My wife's family together with our own family have a total of 39 years at that school. In fact my wife and I met at the school. She had the day off from Jefferson and I played hookie to walk them home. That was 50 years ago, so you can see that we had bad kids in those days as well. Garden City and Riverdale were not part of Southeast until years later. Jackson does not hold as much meaning to them. Mr. Kelley made the remark that Jackson has a 20% dropout rate and that 60% of the children attending Jackson receive free lunch and the lowest of this and the lowest of that. Back in my day all Jackson students were looked down on. When you said Jackson or Southeast, you had to prove you were as good or better. Changing the name or tearing down the school won't change the image. But if we put in a school board that was elected by the people, for the people, I feel the image will change. Jackson and Southeast Roanoke, have produced alot of good people; Teachers, Principals, Doctors, Lawyers, and many other Business people. Not to mention football and basketball players. So let's SAVE history at all costs. Ail we hear is that this can't be done. We don't know what's there. We never tried to save the school. We saved downtown and all the building fronts. Why not save the school? I think there is one person who wants it torn down. It has taken six years to get a road around town. We tried to make a few people happy. Why not make a few people happy in Southeast? I think we need to stop, take a look at what we have done to Southeast. The city has said give us all federal assistance programs and we will help these people. Now where do we put them? In Southeast, and Northwest, not Southwest or South Roanoke. I hope the City Council and the School Board members will remember you are asking for more bond money in the future. I feel sure alot of people will remember at election time. The percentage of people who voted on 11/8/94, in Southeast, was 66.1%. I own two buildings on Warehouse Row. You are sending me the message, if it doesn't work, tear it down. You have to remember, what's good for the goose is good for the gander. Last, alot of people I talk to in Southeast have told me why fight? We have and never will have the clout to win. Let's prove them wrong. I am not an alumni or Stonewall Jackson, I did not grow up in S.E. Roanoke, but my parents as well as my children are alumni and they did grow up and are still living in S.E. Roanoke. As a member of this community, I am deeply concerned with the "razing" of the original building of Stonewall Jackson. I as well as many others were given the impression that the school would be "renovated" as stated in the Roanoke Times, May 18, 1994 and presented to us at the school meeting last November. I can not quote the speakers at the meeting but I can list a quote that appeared in the above Roanoke Times article, "Jackson Middle School in Southeast Roanoke would be the first to be renovated, at an estimated cost of $5.25 million.. It would be followed by Addison, Breckinridge, and Woodrow Wilson middle schools." I decided maybe myself along with hundreds of other people just had the definition of "renovation" mixed up, so I decided to look the definition up in the dictionary. The definition of the word "renovation" is as follows: to restore to an earlier condition. My interpertation of the definition is the same. Jackson may not be the most beautiful piece of architecture in the community, but it is one of the few pieces of heritage left to our S.E community. I too am mainly interested in the safety and educational quality for our children, one of which is mine. In a conversation with Mr. Dick Kelly today, I was told that his main objective is the same as my own and he wished that Jackson could be saved but it was unsafe and all the benefits of other schools such as Botetourt and Franklin County could not be instilled in the building we now have. Mr. Kelly said one of his concerns was the lead and asbestos levels and where they may lie in the building. I have to wonder why if schools such as Crystal Spring built in 1922, Highland Park built in 1906, Moriningside built in 1928, or Virginia Heights built in 1915, were able to be renovated and supposeably all the lead and asbestos was found and removed.. I also asked about the three other middle schools that are due to be "renovated" and I use that word loosely, if they would also be "razed" and was told that he could not give many any kind of commitment at this time. In researching the statistics that Mr. Kelly has listed in the paper and at the School Board meeting, I do, in my opinion, find several discrepancies. Number one is the drop out rate. I am not going to quote the percent but I do believe that it was in the 20 percentile range. I find this hard to believe because I have "school reports" stating the drop-out rate for the entire city is under 10%. The statement about the literacy passport testing and Jackson having such low test scores, again I disagree. According the "school report" the test scores are as follows: Percent of 6th grade students who passed all three Literacy Passport tests. Woodrow Wilson: 78% Breckinridge: 69% Stonewall Jackson: 62% Addison: 55% (magnet) Ruffner: 46% (magnet) As you see Jackson is far from being the lowest scores. And I wonder why if Jackson is so academically impeded, then explain please the high number of students that leave there and enter the honors program at Patrick Henry, or why the O.M team 2 years went to the world competition and placed in the top 10 of the world. There are many unanswered questions concerning the "renovation" of Stonewall Jackson. I would like to know the names of the 10 people who served on the so called "building committee" that was appointed by city officials. I would also like to see the minutes concerning this committee with all the "neighborhood" input. I was told by someone offthe record that the "building committee" never met the first time maybe that's why no one can produce the minutes. Sometimes I wonder why Southeast is always thought of so negatively. I live in the Jackson neighborhood and I choose to live here. S.E has come along way through the years and I hope it will go even farther in the years to come. Why can't our neighborhood be known as "oldSE.." as Southwest ~s,' I guarantee you that if Jackson was in "Old S.W." there would be no argument about tearing down our heritage. Look out Gainsboro, the wrecking ball is knocking on Addison's backdoor. Pamela Meador MARY F. PARKER, CMC/AAE 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 May 25, 1995 File #60-236-467 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 Ordinance No. 32483-052295 amending and reordaining certain sections of the 1994-1995 School Fund Appropriations, providing for appropriation of funds to the following school grant accounts: $7,000.00 - Bright Stars Planning Grant, $8,903.00 - Adult Education in the Jails Program, and $5,000.00 - Project SUCCESS Program. Ordinance No. 32483-052295 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: E. Wayne Harris, Superintendent, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 22nd day of May, 1995. No. 32483-052295. AN ORDINANCE to amend and reordain certain sections of the 1994-95 School Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Education Bright Stars Planning Grant (1-4) ............... Adult Education in the Jails 1994-95 (5) ........ Project Success Program (6) ..................... Revs~ue Education Bright Stars Planning Grant (7) ................. Adult Education in the Jails 1994-95 (8) ........ Project Success Program (9) ..................... $103,857,841 7,000 44,806 5,000 $101,688,133 7,000 44,806 5,000 1) Consultant Services 2) Media Expenses 3) Local Mileage 4) Supplies 5) Contracted Services 6) Tuition 7) Federal Grant Receipts 8) Federal Grant Receipts 9) (030-060-6933-6000-0313) $ 1,050 (030-060-~933-6000-0361) 1,275 (030-060-6933-6000-0551) 1,925 (030-060-6933-6000-0614) 2,750 (030-060-6773-6550-0313) 8,903 (030-060-6931-6100-0312) 5,000 (030-060-6933-1102) (030-060-6773-1102) Contribution(030-060-6931-1103) 7,000 8,903 5,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 22, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of School Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for three grants in the School Fund. These grants are funded with federal funds and contributions. We recommend that you concur with this request of the School Board. JDG/ICF/bls Attachments Director of Finance c: Ila Farris, Senior Accountant .~ C. Nelson Harris, Chairman Marilyn L· Curtis, Vice Chairman Charles W. Day /.Roanoke City School Board P.O. Box13145. Roanoke, Virginia 24031 * 703-981-2381 Marsha W. Etlison Finn D. Pincus Clubert G, Poff · FOX: 703-981-295t John H. Saunders E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board May10, 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 May 9, 1995 meeting, the Board respectfully requests City Council to appropriate funds to the following school grants: Grant No. 6933 - $7,000.00 for the Bright Stars Planning Grant to assist the school district with the planning and design of a comprehensive preschool program for at-risk four-year-old children. This is a new grant for an on-going program and is funded one hundred percent by federal funds. Grant No. 6773 - $8,903.00 for the Adult Education in the Jails program for 1994-95 to provide pass-through funds for instruction to inmates in the Roanoke City and Roanoke County lails to aid in their acquisition of the GED Certificate. The program is funded one hundred percent by federal funds. Grant No. 6931 - $5,000.00 for the Project SUCCESS program to utilize contributions to establish a joint venture between Roanoke City Schools, area colleges, and area businesses. The program is designed to encourage college preparation for 65 eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. This is a new grant for an on-going program. The Board appreciates the approvai of these requests· Sincerely, Clerk of the Board re cc: Rev. C. Nelson Harris Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray Mr. Kenneth F. Mundy Mr. W. Robert Herbert . Wilbum C. Dibling · lames D. Grisso s. Ila Farris (with accounting details) Excellence in Education ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST BHght Stars Planning Grant 6933 030-060-6933-6000-0313 030-060-6933-6000-0361 030-060-6933-6000-0551 030-060-6933-6000-0614 Appropriation Unit X9Q Consultant Services $ 1,050.00 15.0 % Media Expenses 1,275.00 18.2 % Local Mileage 1,925.00 27.5 % Supplies 2,750.00 39.3 % $ 7,000.00 100.0 % 030-060-6933-1102 Federal Grant Receipts $ 7,000.00 100.0 % The Bright Stars Planning Grant is a technical assistance and planning grant which will assist the school distdct with the planning and design of a comprehensive preschool program for at-risk four-year-old children. The funding is issued by the Virginia Council on Child Day Care and Early Childhood Programs. The planning period for the program is May 1, 1995 through September 30, 1995. The program is funded one hundred percent by federal funds. May 9, 1995 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Adult Education in the Jails 94-95 G773 030-060-6773-6550-0313 Appropriation Unit X7V Contracted Services $ 8.903.00 100.0% 030-060-6773-1102 Federal Grant Receipts $ 8.g03.00 100.0% The Adult Education in the Jails program for 1994-95 will provide pass.through funds to be used for instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED Certificate. The above appropriation represents additional staff support for the Roanoke City Jail Program. The program will be reimbursed one hundred percent by federal funds. The program will operate September 1, 1994 through June 30, 1995. May 9, 1995 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Project Success Program 6931 030-060-6931-6100-0312 Appropriation Unit X90 Tuition $ 5,000.00 100.0 % 030.-060-6931-1103 Contribution $ 5,000.00 100.0 % The Project Success program will utilize contributions to establish a joint venture between Roanoke City Schools, area colleges and area businesses. The program is designed to encourage college preparation of 65 eighth grade students who show academic promise but would be unlikely to consider advanced studies without intervention. Students will participate in summer sessions of academic enrichment and will continue to participate in expanded activities until they graduate from the school system. This $5,000 contribution represents the first of many contributions expected from the private sector to support this initiative. This is a new grant for an on-going program. May 9, 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 May 25, 1995 File #67-132-230-311-327 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of a communication from Vice-Mayor John S. Edwards in connection with a proposal of the Roanoke Arts Commission to locate a piece of sculpture on Mill Mountain to commemorate the Sister Cities Program, which communication was before the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. On motion, duly seconded and adopted, the matter was referred to you for review, analysis and report to Council. SHE:sm Enc. pc: Sincerely, Sandra H. Eakin Deputy City Clerk Mimi Hodgin, Chairperson, Roanoke Arts Commission, 805 Virginia Avenue, Salem, Virginia 24153 DAVID A. BOWERS Mayor CITY OF ROANOKE CITY COUNCIL 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 May 22, 1995 Council Members: Elizabeth T. Bowles John S. Edwards Delvis O. "Mac" McCadden John H. Parrott William White, Sr. Linda F. Wyatt The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Mill Mountain Sculpture Dear Mayor Bowers and Council Members: The Sister Cities Sculpture Committee of the City of Roanoke Arts Commission has been considering the possibility of a piece of sculpture to be located on Mill Mountain to commemorate the Sister Cities Program. The sculpture would be placed in connection with the three Sister Cities trees that have been planted on Mill Mountain. The intent of the sculpture would be to draw attention to the Sister Cities Program and beautify the natural surroundings of the mountain. The City of Roanoke Arts Commission has discussed this concept with representatives of the Mill Mountain Development Committee, the Sister Cities group, Mill Mountain Zoo, the Wildflower Garden and City of Roanoke Parks and Recreation Department. I am requesting that this idea be referred to the City Manager for his review and analysis and report back to City Council. I am sure the City Manager will want to consider, as part of his review, funding, selection procedures, location, site preparation and maintenance issues. Very truly yours, JSE/f cc: Mimi Hodgin, John S. Edwards Vice-Mayor Chairperson, City of Roanoke Arts Commission 1994-95 emergency. WHEREAS, Government of the exist. Roanoke IN THE COUNCIL OF THE CITY OF ROANOKEt VIRGINIA The 22nd day of May, 1995. No. 32484-052295. AN ORDINANCE to amend and reordain certain sections of the General Fund Appropriations, and providing for an for the usual daily operation of the Municipal city of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1994-95 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Gene i Fu d · rio s City Clerk (1) ................................... City Manager (2) ................................. Nondepartmental (3) ...... Office of Management and Personnel Management (5) ..... Risk Management (6) .......... Economic Development (7) ..... City Attorney (8) ............ Director of Finance (9) ...... Billings & Collections ~10) .. Municipal Auditing (11) ...... Registrar (12) ............... City Treasurer (13) ........ Real Estate Valuation (15) ....................... Sheriff (16) ..................................... Jail (17) ........................................ Commonwealth's Attorney (18) ..................... Cost Collections Unit (19) ....................... Clerk of Circuit Court (20) ...................... Police - Administration (21) ..................... $ 311.673 513.456 220.604 312.113 740504 562.419 467603 579092 1,439,910 1,196,404 413,162 181,709 731,911 790,851 877 763 1,450 009 5,110 309 774 870 61 129 972 361 241 454 Police - Investigation (22)... Police - Patrol (23) .......... Police - Services (24) ........ Police - Training (25) ........ Fire - Administration (26) .... Fire - Technical Services (27) Fire - Operations (28) .......... Fire - Training & Safety (29). .. Emergency Medical Services (30 .. Animal Control (31) .............. Co~ugications (32).. Eu d ng Inspections i iiiiiiiii streets and Traffic (34) ......... (37) ............ (46) .......... Traffic Engineering (35) ......................... Solid Waste Management/Refuse (36) ............... Solid Waste Management/Recycling Custodial Services (38) .......... Engineering (39) ................. Building Maintenance Park Maintenance (41)!~?![[:[[]]] Recreation (42) .................. Community Planning (43) .......... Director of Human Development (44 Law Library (45) ................. Social Services - Administration Social Services - Income Maintenance (47) ...... Social Services - Services (48) ................ Social Services - Employment Services (49) ...... Libraries (50) .................................. General Services (51) ........................... Circuit Court (52) .............................. Revenu~ Grants-in-Aid Commonwealth Welfare (53-55) .................................. $ 2,674,324 7,300,316 1,614,335 300,742 244,435 270,084 9,744,365 179,721 1,528,413 315,262 2,154 939 650 476 2,136 560 1,289 566 4,432 693 608 614 867 668 1,139 771 2,984 860 3,510 070 1,248 841 659 197 162 216 143 952 558 640 3,783 366 5,928 161 666 631 1,994,362 226,924 176,701 $29,792,941 12,531,094 1) Regular Employee Salaries 2) Regular Employee Salaries 3) Salary Lapse 4) Regular Employee Salaries 5) Regular Employee Salaries 6) Regular Employee Salaries 7) Regular Employee Salaries 8) Regular Employee Salaries (001-001-1120-1002) $ 21,350 (001-002-1211-1002) 717 (001~002-9410-1090) 755,000 (001-002-1212-1002) ( 2,539} (001-002-1261-1002) 1,281 (001-002-1262-1002) 2,495 (001-002-8120-1002) 7,523 (001-003-1220-1002) 3,420 9) Regular Employee Salaries. 10) Regular Employee Salaries 11) Regular Employee Salaries 12) Regular Employee Salaries 13) Regular Employee Salaries 14) Regular Employee Salaries 15) Regular Employee Salaries 16) Regular Employee Salaries 17) Regular Employee Salaries 18) Regular Employee Salaries 19 Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries Regular Employee Salaries 2O 21 22 23 24 25 26 27} 2S) 29) (001-004-1231-1002 (001-004-1232-1002 (001-005-1240-1002 (001-010-1310-1002 (001-020-1234-1002 (001-022-1233-1002 (001-023-1235-1002 (001-024-2140-1002 (001-024-3310-1002 (001-026-2210-1002 (001-026-2211-1002 (001-028-2111-1002 (001-050-3111-1002' (001-050-3112-1002' (001-050-3113-1002) (001-050-3114-1002) (001-050-3115-1002) (001-050-3211-1002) (001-050-3212-1002) (001-050-3213-1002) (001-050-3214-1002) 30) Temporary Employee Salaries (001-050-3521-1002) 31) Regular Employee Salaries 32) Regular Employee Salaries 33) Regular Employee Salaries 34) Regular Employee Salaries (001-050-3530-1002) (001-050-4130-1002) (001-052-3410-1002) (001-052-4110-1002) $( 7,450) (29,556) ( 9,793) 817 3,187 ( 12,979) 270 ( 1,254) (54,847) (70,596) ( 7,863) ( 38,280) ( 1,085) (100,509) (13,969) (58,398) 31,258 422 ( 13,487) ( 54,123) ( 802) 9,208 ( 869) (16,569) ( 7,216) ( 23,506) 35) Regular Employee Salaries 36) Regular Employee Salaries 37) Regular Employee Salaries 38) Regular Employee Salaries 39) Regular Employee Salaries 40) Regular Employee Salaries 41) Regular Employee Salaries 42) Regular Employee Salaries 43) Regular Employee Salaries 44) Regular Employee Salaries 45) Regular Employee Salaries 46) Regular Employee Salaries 47) Regular Employee Salaries 48) Regular Employee Salaries 49) Regular Employee Salaries 50) Regular Employee Salaries 51) Regular Employee Salaries 52) Regular Employee Salaries 53) General Administration 54) Employment Services 55) Direct Social Services Administration (001-052-4160-1002 (001-052-4210-1002 (001-052-4211-1002 (001-052-4220-1002 (001-052-4310-1002 (001-052-4330-1002 (001-052-4340-1002 (001-052-7110-1002' (001-052-8110-1002 (001-054-1270-1002 (001-054-2150-1002' (001-054-5311-1002 (001-054-5313-1002) (001-054-5314-1002) (001-054-5316-1002) (001-054-7310-1002) (001-056-1237-1002) (001-072-2110-1002) (001-020-1234-0676) (001-020-1234-0681) (001T020-1234-0685) $( ( 12,701) 72,230) 37,993 ( 28,339) ( 87,313) (19,421) (88,370) (43,318) 95,701 875 9,913 (10,253) (127,469) (67,385) ( 21,187) 837 57 ( 2,389) (68,862) ( 21,187) ( 33,692) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 22, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: Fund Appropriations - Personnel Lapse Report I. Background on the subiect is as follows: Personnel lapse is generated due to employee turnover and vacancies in City departments. For the current Fiscal Year, salary savings of $755,000 are projected as a result of these vacancies. II* Current Situation is as follows: To provide timely information to City Council and increase administrative efficiency, the status of lapse was reported quarterly to City Council for the first 2 quarters as a Consent Agenda item. This quarterly report will provide a budget ordinance that encompasses all quarters, eliminates the budgeted lapse amount and adjusts affected departmental operating budgets. B. First Quarter net personnel lapse generated was $260,738. C. Second Quarter net personnel lapse generated was $263,030. Third Quarter Actual and Fourth Quarter estimated personnel lapse generated is $231,232. This funding will be allocated as shown on Attachment "A" of this report. Issues in order of importance are as follows: A. Funding B. Timing Alternatives in order of feasibility are as follows: A. Authorize the transfer of personnel lapse funds from departmental accounts to personnel lapse account 001-002-9410-1090 as listed on Attachment "A" of this report. 1. Funding is available in the salary accounts due to turnover and vacancies in City departments. 2. Timing is important since funds need to be transferred prior to June 30, 1995. B. Do not authorize the transfer of personnel lapse funds from departmental accounts to personnel lapse account 001-002-9410-1090 as listed on Attachment "A" of this report. 1. Funding would remain in departmental budgets and salary lapse savings would not be transferred to salary lapse account 001-002-9410-1090. 2. Timing is not an issue Recommendation: City Council concur in Alternative A and authorize the transfer of funding from departmental accounts to personnel lapse account 001-002-9410-1090 as listed on Attachment A. Respectfully Submitted, W.Robert Herbert City Manager Director of Finance Attachment CC~ Wilbum C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Kit B. Kiser, Director of Utilities and Operations Glenn D. Radcliffe, Director of Human Development George C. Snead, Director of Public Safety Barry L. Key, Manager, Management and Budget Diane S. Akers, Budget Administrator PERSONNEL LAPSE - JULY, 1994 THRU JUNE,1995 A~rACHMENTA P_~ONNEL LAPS : ADJUSTMENTS; ~ ~ 0 ~01- 001 t t 10 -1002 CITY COUNCIL 21,350 21,350 001-001 1120 -1002 CITY CLERK ~-- ~6 ----716 ~01- 002 121t -t002 CITY MANAGER -- (2,539 · 1,281 -00t- 002 1212 -1002 OMB 1,281 ~2,495 --001-002 126t -1002 =ERSONNELMANAGEMENT 2,495 ~ ~MENT ~ 7,525 ~ ~ 7,52: 0 __ 0 - ~ ~ -- 3,42~ ~ 3,42~ ~ CmT~ORNEY 7~,450 ~ ~ ~- 129,557 001- 004 1232 -1002 BILLINGS & COLLECTIONS --~ (9,793) 001- 005~ ~UDITING ~ -- 817 ~ ~TRAR 3,187 ~ ~URER 3,t87~__ --~2,979; 101- 023 1235 -1002 lEAL ESTATE VALUATION --- 270 0 0 )01-023 1236-1002 ~OARD EQUALIZATION ----~1,254 )0~- 024 2140 -1002 SHERIFF ~ 5(~,84/ -001- 024 3310 -1002 JAIL ~ (70,596 001- 02~ ~ORNEY ~ ~-- ~7,863) ~ ~ ~ ~8,2eo) L38,28O' ool- 028 2111 *~ 002 CLERK OF CIRCUIT COURT 0 00% 050 ~260 ~ ~FET~ ~ 0 _ ~1,085; ool-~ ~ ~ ~--~l oo,~o9' 101-05~ ~ION ~ ~-- (13,969: 001-050 3113 -1002 POLICE - PATROL ~ ~ ~50 311~ ~VICES ~~ 001- 050 3115~ ~INING 31,258 31,258 422 001-050 321t -1002 :IRE.ADMINIST~TION ~ 422 (13,487) 001-050~ ~ ~~ ~ ~54,123~ 001-0~ ~TIONS ~ ~ -~ (802) ~ ~ETY ~ ~ 0 ~ ~tCES 0 ~ 9,208 001- 05~ ~ 9,20~ ~ (869; 00% 050 353~ ~NTROL ~ (16,569 ~ol~ ~s ~~ -~ o' 00t- 052 128~ ~WORKS 0 001~ ~TIONS ~ (7,2i6 - ~ ~3,506 00% 052~ STREETS~FFIC ~ .... 0 001~ ~VAL ~ 0 ~ {12,701) 00% 052 4160~ ~ERING ~~ - --~ (72,230~ 001~ ~FUSE ~ ~ 37,993 ~ ~LING 37,993_ ~28,339; ~ ~ ~ (87,3t3' )01~ ~RING ~~ , )0% 052 4330~ ~TENANCE ~~ ool~ ~ ~ ~ ~L~'3~° ~05271t0~ ~ATION ~ ~ 001.052~~P~NN[NG&COMM. DEVPT' 95,701- ~ 95,70~ 001- 054 J270 -1002 )IR OF HU~N DEVELOPMENT 87~ ~ 875 ~ 0 0 oo~~ ~ ~ o 00%054 3330 ~ ~ 0 0 oo~-os~ ~AVE.~ ~- o oo~~ ~NT~ON ~ 0 00% 054 53~ ~L SVCS- ADMIN. ~ ~ ~ (5, 00~ ~AL SVCS~~ - ~ ~ ~ (63,734 00%0~ ~CES ~ ~ ~ ~__~ (33,693 oo -o o 00~-002 9410~ ~~TION 837 00% 054~ ~RIES ~~ 0~---~ 0 001- 056 ~ 237~ ~RVICES 0 00~-056 1250 ~ ~OPE~TIONS ~~ ~- ~ (2,389', oo~-o~' ~?~ -~ ~~ 755,ooo ~001- 002 9410 -100 ~PSE 755,0~ 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 Ciq, Clerk May 25, 1995 File #60-165-178-236 Florine Thornhill, President Northwest Neighborhood Environmental Organization 802 Loudon Avenue, N. W. Roanoke, Virginia 24016 Dear Ms. Thornhill: I am enclosing copy of Resolution No. 32486-052295 authorizing the City Manager to execute a grant agreement with the Northwest Neighborhood Environmental Organization, to provide HOME funds, in the amount of $39,460.00, for the purchase of two vacant houses located at 803 and 809 Gilmer Avenue, N. W., upon certain terms and conditions. Resolution No. 32486-052295 was adopted at a regular meeting of the Council of the City of Roanoke held on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32486-052295. VIRGINIA, A RESOLUTION authorizing the City Manager to execute a grant agreement with the Organization (NNEO), to vacant houses located at Avenue, Northwest Neighborhood Environmental provide funding for the purchase of two 803 Gilmer Avenue, N.W., and 809 Gilmer N.W., upon certain terms and conditions. BE follows: 1. the City IT RESOLVED by the Council of the City of Roanoke as That the City Manager or the Assistant City Manager and Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a grant agreement with Northwest Neighborhood Environmental Organization (NNEO), which agreement shall provide for the use of HOME funds in the amount of $39,460.00 to be used in the purchase of two houses located at 803 Gilmer Avenue, N.W., and 809 Gilmer Avenue, N.W., in accordance with the recommendations contained in the City Manager's report to this Council dated May 22, 1995. 2. The form of the. grant agreement shall be approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CTTY OF ROANOKEt The 22nd day of May, I995. No. 32485-052295. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1994-95 Grant 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 Roanoke that certain Appropriations, be, to read as follows, ORDAINED by the Council of the City of sections of the 1994-95 Grant Fund and the same are hereby, amended and reordained in part: Ammromriations Community Development Home Investment Partnership 1993 Home Investment Partnership 1994 $ 1,859,000 (1-2) ............ 498,000 (3-4) ............ 605,000 1) CHDOS 2) CHDO Project III NNEO 3) CHDOS 4) CHDO Project III NNEO (035-052-5301-5238) $ (19,966) (035-052-5301-5272) 19,966 (035-052-5302-5238) (19,494) (035-052-5302-5272) 19,494 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, V!rginia May 22, 1995 95-16 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Grant Agreement with the Northwest Neighborhood Environmental Organization (NNEO) -- Purchase Two (2) Houses I. Back~round: The 1993 HOME Investment P~rtnership Pro~,ram (HOME} allocation from HUD was annroved by Council on June 28, 1993, by Resolution No. 31540-062893, and funds appropriated by Budget Ordinance No. 31539-062893. The 1994 HOME Investment Partnershin Proeram (HOME'~ allocation from HUD was approved bY Council on August 8, 1994, by Resolution No. 32142-080894, and funds appropriated by Budget Ordinance No. 32141-080894. Of the $498.000 HOME funds allocated in 1993 program year, a minimum of 15%, or $74.700, must be given to a Community Housing Development Organization (CHDO) for project costs. To date, $54.734 of 1993 HOME funds has been awarded to NNEO, which qualifies as a CHDO. Of the $605.000 HOME funds allocated in 1994 program year, a minimum of 15%, or $90.750, must be given to a Community Housing Development Organization (CHDO) for project costs. To date, none of 1994 HOME CHDO funds have been awarded. Deadline for committing entire 1993 HOME allocation is May 31, 1995. After this date, any uncommitted 1993 HOME funds may be recaptured by HUD. All 1993 HOME funds are committed by contract, except for $19.966 of the CHDO set-aside funds. City has funded fourteen rehabilitation or new construction projects in partnership with NNEO through Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and City General Funds since 1982. * Page 1 * II. Current Situation: A. NNEO has submitted a proposal reauesting $39.460 in HOME funds Scooe of Services -- Purchase two vacant houses at 803 and 809 Gilmer Avenue, N.W. The houses will ultimately be rehabilitated and sold to low-to-moderate income homebuyers. As indicated below, costs include purchase of the land and structures, legal fees, and title and related acquisition costs. NNEO Purchase: 803 and 809 Gilmer Ave., N.W. Estimated Costs Land and structures $18,000 $18,000 $36,000 Title and recording 125 125 250 Counsel's fees 500 500 1,000 Property appraisal 600 600 1,200 Survey 250 250 500 Taxes 200 210 410 Extermination/inspect 50 50 100 Total I $19,725 I $19,735 I $39,460 Period of Performance for this Agreement shall begin not later than May 31, 1995, and end on or before September 30, 1995. Indemnification -- The Subgrantee shall indemnify and hold harmless the City, its officers, agents and employees, from any and all claims, liability, muses of actions, suits of any nature, costs, expenses, including reasonable attorney's fees, resulting from or arising out of the Subgrantee's intentional or negligent acts or omissions in providing the services under this Agreement, including, without limitation, fines and penalties, violation of federal, state or local laws, or regulations promulgated thereunder, personal injury, wrongful death or property damage claims. The Director of Finance will certify that funding is available prior to executing the Agreement on behalf of the City, and no funds will be expended until the Agreement is fully executed by both parties. * Page 2 * C. Matching funds required by HUD will be verified and documented by the Office of Grants Compliance prior to the release of funds. Housing Coordination Team has endorsed using HOME fund~ for this project. III. Issues: A. Consistency with the City's Comprehensive Housing Affordabilitv Strategy (CHASL Cost to the City. Funding. Administrat~ IV. Alternatives: Ao Authorize the City_ Manager to execute a grant agreement with NNEO for the purchase of two vacant houses located at 803 and 809 Gilmer Avenue N.W., such agreement to be in a form acceptable to the City Attorney, and approve transferring a total of $39.460 of HOME funds, as follows: $19,966 from 1993 HOME CHDO account 035-052-5301-5238 to 1993 HOME NNEO account 035-052-5301-5272 $19,494 from 1994 HOME CHDO account 035-052-5302-5238 to 1994 HOME NNEO account 035-052-5302-5272 Consistency with the City's Comorehensive Housing Affordabilitv Strategy (CHAS) will be achieved since this document recommends rehabilitation of substandard properties and the provision of homeownership opportunities; and both these activities are included as eligible activities in the City's HOME Program Description. 2. Cost to City will be $19.966 in 1993 and $19.494 in 1994 HOME funds. 3. Funding is available in the following HOME accounts: 035-052-5301-5238 (19,966) 035-052-5302-5238 (19,494) * Page 3 * Administrative capacity of NNEO has been shown by the many successful community development projects it has administered in the past eleven years. NNEO is currently receiving CHDO operating funds from the City for the 1994-1995 fiscal year. Do not authorize the City Manager to execute a erant agreement with NNEO for the purchase of two vacant houses located at 803 and 809 Gilmer Avenue N.W. and transfer the appropriate funds. Consistency with the City's Comprehensive Housing Affordability Strategy (CHAS) would not be an issue. No progress toward CHAS objectives would be realized. Cost to the City would be a loss of $19.966, if 1993 HOME funds remaining uncommitted to projects are recaptured by HUD. City may also lose potential tax revenue from lack of rehabilitation to owner-occupied homes. 3. Funding would not be an issue. 4. Administrative capacity would not be an issue for this project. V. Recommendation: Adopt Alternative A thereby authorizing the City Manager to execute a grant aereement with NNEO for the purchase of two vacant houses located at 803 and 809 Gilmer Avenue N.W., such agreemem to be in a form acceptable to the City Attorney and approve transferring a total of $39.460 of HOME funds, as follows: $19,966 from 1993 HOME CHDO account 035-052-5301-5238 to 1993 HOME NNEO account 035-052-5301-5272 $19,494 from 1994 HOME CHDO account 035-052-5302-5238 to 1994 HOME NNEO account 035-052-5302-5272 Respectfully submitted, W. Robert Herbert City Manager WRH/feb * Page 4 * Assistant City Manager City Attorney Director of Finance Director of Public Works Housing Development Coordinator Office of Grants Compliance Roanoke Neighborhood Partnership Coordinator President, Northwest Neighborhood Environmental Organization * Page 5 * IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1995. No. 32479-052295. AN ORDINANCr providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersection of Hollins Road and Old Mountain Road, N.E.; setting a certain limit on the consideration to be offered by the City; providing for condemnation, emergency. the City's acquisition of such property rights by under certain circumstances; and providing for an BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the intersection widening in connection with the installation of a traffic signal at the intersection of Hollins Road and Old Mountain Road, N.E., the City wants and needs certain property rights as set forth in the report and attachments thereto of the City Manager to this Council dated May 22, 1995, on file in the Office of the City Clerk. The proper City officials are authorized to acquire the necessary property rights for the City from the respective owner for such consideration as the City Manager may deem appropriate, subject to the limitation set out below and subject to 9pplicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of said property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $5,000.00 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 owner of the interest conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owner of any property rights to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under disability lacking capacity to convey said property rights 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. §. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to S25-46.8 of the Code of Virginia (1950), as amended, for the purpose of commencing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. In order to pro%ide for the usual daily operation of the municipal government, ordinance shall be in an emergency is deemed to full force and effect upon ATTEST: exist, and this its passage. City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32478-052295. VIRGINIA, A RESOLUTION declaring the City's intent to reimburse itself from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131- 080894, adopted August 8, 1994, for certain expenditures in connection with construction of a traffic signalization project at the intersection of Hollins Road, N.E., and Old Mountain Road, N.E., in the City of Roanoke; and providing for an effective date. BE follows: 1. 1.150-2, IT RESOLVED by the Council of the City of Roanoke as In accordance with U. $. Treasury Regulations, Section the City hereby declares that it reasonably expects and intends to reimburse $150,000, appropriated by Ordinance No. 32477- 052295, adopted by the City Council on May 22, 1995, for the c6nstruction of a traffic signalization project at the intersection of Hollins Road, N.E., and Old Mountain Road, N.E., in the City of Roanoke ("Project") from the proceeds of its general obligation public improvement bond~ authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by the City Council on August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing funds to defray the cost of improvements of and to school buildings, bridges, streets and sidewalks, storm needed permanent public public buildings, public drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132-080894, also adopted by City Council on August 8, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. The maximum principal amount of debt expected to be issued for the construction of the Project is $150,000. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, S2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKEt The' 22nd day of May, 1995. No. 32477-052295. VIROINIA Government of the exist. THEREFORE, AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Traffic Engineering Traffic Signals - Install New Signals Capital Improvement Reserve Public Improvement Bonds Series 1996 (1) ........ (2) ....... 1) Appropriated from Bond Funds (008-052-9561-9001) $ 150,000 2) Street and Sidewalks (008-052-9701-9191) (150,000) $ 1,393,300 150,000 391,134 2,195,554) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 22, 1995 No. 95-143 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Traffic Signals - Installation of New Signals - Intersection of Hollins Road and Old Mountain Road, N.E. I. Background: A. The intersection of Hollins Road and Old Mountain Road~ N.E., is a location justified for signalization in the City of Roanoke. Capital Improvement Program (CIP) adopted by Council on August 8, 1994, includes a project for the installation of a new traffic signal at this intersection. Bond referendum approved by voters on November 8, 1994 approved funding for the CIP. II. Current Situation: Traffic Signal plans are presently being developed. Upon completion, these plans will enable the City to begin material requisitions for items such as the traffic signal controller and cabinet, as well as galvanized poles with mast arms which usually require five (5) months for fabrication and delivery. Related underground conduit and pole base work, as well as roadway widening for a turn lane, will need to be contracted out. Schedule for completion of the Hollins Road and Old Mountain Road installation is the end of 1995. Funding in the amount of $150~000 needs to be established in a capital account from the 1996 Bond Issue to enable the above referenced purchases and future contracts. It is the City's intent to reimburse front-funding with bond funds upon issuance of the 1996 bonds. Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent to reimburse itself $150~000 from the proceeds of its 1996 General Obligation bonds. Right-of-way will need to be Singer Furniture Company (Tax No. intersection widening that will allow a acquired from 3140301) for left-turn lane, Honorable Mayor and Members of City Council No. 95-143 Page 2 May 22, 1995 to be constructed. This consists of a 2,430 square foot area for public right-of-way and an adjoining 5,314 square foot temporary construction easement (see attached plat). It is desired to acquire this property through donation, however, in the event that does not occur, acquisition costs will not exceed $5,000. I. Issues: A. Traffic flow and safety B. Funding C. Timing IV. Alternatives: Appropriate $150~000 from the Streets and Sidewalks Category of the 1996 Bond Issue into a new account in the Capital Projects Fund entitled "Traffic Signals - Installation of New Signals" 1. Traffic flow and safety will be improved at the subject intersection. Funding will be sufficient to cover all costs associated with construction of the traffic signal. 3. Timing for completion is expected to occur by the end of 1995. Do not appropriate $150~000 from the 1996 Bond Issue to a new capital account. 1. Traffic flow and safety would remain as they are today. 2. Funding would be insufficient and therefore not allow for signal installation. 3. Timing for completion would be unknown. V. Recommendation is that City Council concur in Alternative "A" and take the following specific actions: Honorable Mayor and Members of City Council No. 95-143 Page 3 May 22, 1995 WRH/RKB/gpe Attachment: copy: Appropriate $150~000 from the Streets and Sidewalks Category of the 1996 Bond Issue into a new account in the Capital Projects Fund entitled "Traffic Signals - Installation of New Signals". Adopt the appropriate resolution indicating the City's intent to reimburse front funding with bond proceeds upon sale of the 1996 bonds. Authorize the acquisition of a 2,430 square foot area for public right-of-way and an adjoining 5,314 square foot temporary construction easement from Singer Furniture Company (Tax No. 3140301) by making offers based on an appraisal not to exceed $5~000 and providing for the City Attorney to have authority to institute condemnation proceedings as necessary. Respectfully Submitted, W. Robert Herbert City Manager Plat City Attorney Director of Finance Director of Public Works City Engineer Traffic Engineer O~< ~ ~ ~ 00~ 0 0 m 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 May 25, 1995 File #20-27-28-53-183-217-468-472-514 M. Scott Hollis Urban Engineer Virginia Department of Transportation 1401 East Broad Street Richmond, Virginia 23219 Dear Mr. Hollis: I am enclosing copy of Resolution No. 32482-052295 authorizing acceptance and execution of the agreement between the City and the Commonwealth of Virginia, Department of Transportation, as well as all utility agreements for adjustment of water and sewer facilities, in connection with Phase I of the Peters Creek Road Extension Project (Project No. 0117-128-F01, PE-102, RW-201, C-501, B-603, B-604, B-605) located within the City limits, and providing for allocation of the City's remaining share of the project cost, upon certain terms end conditions. Resolution No. 32482-052295 wes adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL FOR THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32482-052295. VIRGINIA, A RESOLUTION authorizing the acceptance and execution of the agreement between the City and the Commonwealth of Virginia, Department of Transportation, as well as all utility agreements for adjustment of water and sewer facilities, in connection with Phase I of the Peters Creek Road Extension Project (Project No. 0117-128- F01, PE-102, RW-201, C-501, B-603, B-604, B-605); providing for the allocation of the City's remaining share of the project cost; upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager is hereby authorized to execute, for and on behalf of the City, and the City Clerk is authorized to attest, the agreement between the City and the Commonwealth of Virginia Department of Transportation, as well as all utility agreements necessary for the adjustment of water and sewer facilities, for the construction of Phase I of the Peters Creek Road Extension Project (Project No. 0117-128-F01, PE-102, RW- 201, C-501, B-603, B-604,-B-605), located within the City limits, and allocating $472,002.42 of the City's remaining estimated share of the project cost of $642,965.69, the City having paid $170,963.27 for preliminary engineering and right-of-way costs, allocating an additional $20,000.00 for the separate purchase of three new traffic signal controllers and cabinets, upon certain terms and conditions, as more specifically set forth in the report to this Council dated May 22, 1995. 2. The form of all agreements shall be approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1995. No. 32481-052295. A RESOLUTION declaring the City's intent from the proceeds of its general obligation bonds authorized to be issued pursuant 080894, adopted August 8, 1994, for connection with construction of Phase I of Extension Project, in the City of Roanoke; effective date. to reimburse itself public improvement to Ordinance No. 32131- certain expenditures in the Peters Creek Road and providing for an BE follows: 1. 1.150-2, intends IT RESOLVED by the Council of the City of Roanoke as In accordance with U. S. the City hereby declares to reimburse $283,474.26, Treasury Regulations, Section that it reasonably expects and appropriated by Ordinance No. 32480-052295, adopted by the City Council on May 22, 1995, for the construction of Phase I of the Peters Creek Road Extension Project ("Project"), in the City of Roanoke, from the proceeds of its general obligation public improvement bonds authorized to be issued pursuant to Ordinance No. 32131-080894, adopted by the City Council on August 8, 1994, in the principal amount of $23,000,000 for the purpose of providing funds to defray the cost of needed permanent public improvements of and to school buildings, public buildings, public bridges, streets and sidewalks, storm drains, parks, economic development and acquisition of real property for the foregoing. Ordinance No. 32132-080894, also adopted by City Council on August 8, 1994, provided for the holding of an election to determine whether the qualified voters of the City of Roanoke would approve Ordinance No. 32131-080894, and, at an election held on November 8, 1994, the qualified voters of the City approved Ordinance No. 32131-080894. The maximum principal amount of debt expected to be issued for the construction of Phase I of the Project is $283,474.26. 2. This is a declaration of official intent adopted pursuant to U. S. Treasury Regulations, Section 1.150-2. This official intent is being declared not later than sixty days after the payment of the expenditures authorized by Paragraph 1 of this Resolution. 3. The City Clerk is directed to file this Resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, ~2.1-340 et seq., Code of Virginia (1950), as amended. 4. This Resolution shall be effective on and after the date of its adoption. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32480-052295. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1994-95 Capital Projects, Water and Sewage Treatment 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 Projects, Water and Sewage Treatment Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Capital Proiects Fund Appropriations Streets and Bridges Peters Creek Road Extension (1) ................. Capital Improvement Reserve Public Improvement Bonds - Series 1996 (2) ...... Water Fund Appropriations $ 9,210,681 459,475 ( 342,341) ( 2,479,029) Capital Outlay $ 32,708,238 Exten'sion (3) 31 590 Peters Creek Road ................. , Retained Earninqs Retained Earnings - Unrestricted (4) 22,120,096 Sewa=e Treatment Fund ADDrODriations Capital Outlay Peters Creek Road Extension (5) ................. Retained Earninqs Retained Earnings - Unrestricted (6) ............ $ 20,309,993 176,939 $ 16,209,313 1) Appropriated from Bond Funds (008-052-9595-9001) $ 283,475 2) Streets and Sidewalks (008-052-9700-9176) (283,475) 3) Appropriated from General Revenue (002-056-8384-9003) 31,590 4) Retained Earnings - Unrestricted (002-3336) (31,590) 5) Appropriated from General Revenue (003-056-8472-9003) 176,939 6) Retained Earnings - Unrestricted (003-3336) (176,939) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. May 22, 1995 · c% - . .. ~ No. 95-142 Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: City-State Agreement for Peters Creek Rd. Extension (Phase I-Melrose Ave. to Shenandoah Avenue) I. Backqround: City Council, at its meeting on June 17, 1985, unanimously approved Resolution No. 27613 which requested that the Virginia Department of Transportation (VDOT) program a project to extend Peters Creek Road from Melrose Avenue, N.W. to Brandon Avenue, S.W. (see Attachment I-map). This project, which is consistent with the 1995-2015 Roanoke Valley Area Long Range Transportation Plan, was subsequently included in VDOT's Six-Year Highway Improvement Program. Location Public Hearinq was held on December 14, 1988, regarding the alternative alignments. Evaluation of information received at that public hearing led the City to seek VDOT's assistance in employing an individual to lead a conflict resolution process consisting of representatives from the Greater Deyerle Neighborhood Associates, VDOT, and the City. City Council then approved the alignment shown on Attachment I at its meeting on March 5, 1990. Purpose of this highway project is to provide for the efficient and rapid movement of traffic between the north and south ends of the western half of the City of Roanoke. It will provide the only crossing of the Roanoke River and Norfolk Southern Railway between Shaffer's Crossing and Route 419. The improved access will enhance mobility for emergency vehicles, City services, economic development (as well as redevelopment) and the general public. Traffic volumes are expected to average 24,500 vehicles per day upon completion, and average 37,260 vehicles per day in 2016. (Traffic volume on existing Peters Creek Road, north of Melrose Avenue, was 21,000 vehicles per day in 1994). Proposed desiqn of the entire project consists of four lanes along the 2.3 mile route. A median of varying Honorable Mayor and Members of City Council No.95-142 Page 2 May 22, 1995 widths (3 to 16 feet) will be landscaped. Concrete curb and gutter will be constructed along both sides of the entire route. Sidewalk will be constructed along the entire length of the east side of the roadway. The west side will have sidewalk north of Salem Turnpike and south of the new bridge over the Roanoke River. The intersections of Peters Creek Road at Salem Turnpike, Shenandoah Avenue and at Aerial Way Drive will be signalized. Speed limit will be signed at 40 miles per hour from Melrose Avenue to the new bridge over the Roanoke River, and then 35 miles per hour from that bridge to Brandon Avenue. City Council, at its meeting on July 13, 1992, approved the major design features of the proposed project (Ordinance No. 31104 - 071392). Commonwealth Transportation Board approved the location and major design features of the proposed project subsequent to Council's approval. II. Current Situation: Bids for Phase I project construction (Melrose Avenue to Shenandoah Avenue) were received by VDOT on March 28, 1995. The Commonwealth Transportation Board awarded a contract to English Construction Co., Inc. (of Lynchburg, Virginia) on April 20, 1995, in the amount of $9~561~590.39. Peters Creek Road Extension (Phase II) from Shenandoah Avenue to Brandon Avenue is tentatively scheduled to be advertised for construction by the end of 1995. Also, Brandon Avenue widening from Edgewood Street to Keagy Road is scheduled for advertisement in early 1996. Brandon Avenue widening will be completed before the Peters Creek Road Extension is opened to Brandon Avenue. City needs to execute the attached City-State Agreement (Attachment II) before VDOT will allow English Construction Co., Inc. to begin construction. Honorable Mayor and Members of City Council No.95-142 Page 3 May 22, 1995 City Share of the cost for this project (preliminary engineering @ 5%, right-of-way @ 2%, and construction @ 2%) is $642~965.69. The fourth page of Attachment II shows the cost sharing ratios to be used on this project. As of December 31, 1994, the City has already paid $170~963.27 toward the above total for preliminary engineering and right-of-way costs. This leaves a balance of $472~002.42 needed for the City's share of the remaining estimated costs. Included within the project is additional replacement, realignment and upgrade of existing water and sanitary sewer lines that would not ordinarily have been done as part of this roadway project. The betterment portion of these improvements will be a City expense. Also, at the City's request, some additional water and sewer lines are in the process of being added to this project, with the City participating in up to 100% of the cost. Therefore~ a change order to accomplish this work will need to be presented to City Council for approval in the near future. These water and sewer lines basically run adjacent to the roadway improvements. An additional $20~000 is needed for separate purchase of three (3) new traffic signal controllers and cabinets which will meet specialized City standards. These three locations are the intersections of Peters Creek Road at Melrose Avenue, at Salem Turnpike, and at Shenandoah Avenue. III. Issues: A. Fundinq B. Construction Plans C. Timinq IV. Alternatives: A. Authorize the City Manaqer, in a form acceptable to the City Attorney, to execute the City-State Agreement, as well as all utility agreements for adjustment of water Honorable Mayor and Members of City Council No.95-142 Page 4 May 22, 1995 and sewer facilities, on behalf of the City; authorize the Director of Finance to appropriate $283,474.26, front-funded from the Streets and Sidewalks Category of the 1996 Bond Issue, into the Peters Creek Road Extension Account (No. 008-052-9595-9003); and appropriate $31,589.79 from Water Fund Previous Years' Retained Earnings and $176,938.37 from Sewage Fund Retained Earnings to accounts to be established by the Director of Finance. Funding, in the amount of $492~002.42, exists in the sources identified on Attachment III (Part B). It is the City's intent to reimburse front-funding with bond funds upon issuance of the 1996 bonds. Internal Revenue Service regulations (Section 1.150-2) require that the City declare its intent to reimburse itself $283,474.26 from the proceeds of its 1996 General Obligation bonds. 2. Construction plans comply with City's needs for improved traffic flow and safety. o Timing for project construction to begin is this month. Project will require approximately two years to complete. Reject City-State Agreement and proceed to reimburse VDOT for 100% of all expenditures to date in accordance with City Resolution No. 27613. Funding would be needed in the amount of the total VDOT project expenditures to date, which is $5,048,882.10 less the City share paid to date, which results in a balance needed of $4,877,918.90. 2. Construction plans would not be built. 3. Timing is not an issue. Recommendation is that City Council: Authorize the City Manager, in a form acceptable to the City Attorney, to execute the City- State Agreement on behalf of the City. Honorable Mayor and Members of City Council No.95-142 Page 5 May 22, 1995 Authorize the City Manager to execute, on behalf of the City of Roanoke, all utility agreements for adjustment of water and sewer facilities for this project. Appropriate $283~474.26, front-funded from the Streets and Sidewalks Category of the 1996 Bond Issue, into the Peters Creek Road Extension Account (No. 008-052-9595- 9003). Appropriate $31~589.79 from Water Fund Previous Years' Retained Earnings and $176~938.37 from Sewage Fund Retained Earnings to accounts to be established in those funds by the Director of Finance. Adopt the appropriate resolution indicating the City's intent to reimburse front-funding with bond proceeds upon sale of the 1996 bonds. WRH/RKB/gpe Attachments: Respectfully Submitted, W. Robert Herbert City Manager ! Map II City-State Agreement III Funding Summary copy: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations City Traffic Engineer Construction Cost Technician Budget Administrator IMPROVEMENT PROJECT ROUTE 1 17 PETERS CREEK ROAD EXTENSION CITY OF ROANOKE PROJECT: 0117-128-101,PE-lO2,RW-201,C-501, Bo&O 1,B-602,B-603,B-604,B-605 FEDERAL PROJECT: M-5128 (144) FROM: BRANDON AVE.(RTE. 1 ~1 ) TO: MELROSE AVE.(RTE. 460) LENGTH: 2.29 b in FNt ATTACH~E~ ~! AGREEMENT BETWEEN THE CITY OF ROANOKE AND VIRGINIA DEPARTMENT OF TRANSPORTATION The City of Roanoke, Commonwealth of Virginia, hereinafter referred to as ROANOKE, and the Commonwealth of Virginia, Department of Transportation, hereinafter referred to as the DEPARTMENT, hereby agree as follows: The DEPARTMENT will prosecute a project for the improvement of 1.325 miles of Peters Creek Road within ROANOKE from Shenandoah Avenue, Station 62+00.00 to Melrose Avenue, Station 133+70.34 and designated as Route 117, Project 0117-128-F01, PE-102, RW-201, C-501, B-603, B-604, B-605 and Federal Project STP-5128(150). ROANOKE approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Commonwealth Transportation Board and Federal Highway Administration and agrees that if such project is approved and constructed by the DEPARTMENT, ROANOKE, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 4. ROANOKE agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, or any additional median crossovers and enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. Parking will be prohibited at all times on both sides of this project and appropriate NO PARKING signs shall be erected. The signs shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. ROANOKE agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall conform to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices or be subject to the approval of the DEPARTMENT. -2- ROANOKE agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facility installed or placed within the right of way by any public authority, or other agency, shall conform to VDOT Land Use Permit Manual or be subject to the approval of the DEPARTMENT. ROANOKE agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Section 2.1-374 through 2.1-376 of the Code of Virginia (1950), as amended. ROANOKE agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this project with municipal forces or its agent at project expense. ROANOKE agrees that prison labor will not be used for any purpose whatsoever on this project. -3- 10. ROANOKE agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: !TEM PROJECT COST ESTIMATED COST ROANOKE'S SHARE Preliminary Engineering $ 2,750,000.00 5 Right of Way 4,177,000.00 2 C-501 6,588,720.30 2 Utility Items - Water 224,838.38 14.05 (Betterment) Utility Items - Sanitary Sewer 408,068.19 43.36 (Betterment) Demolition 5,314.77 2 Signs 24,426.00 2 B-603 1,000,245.88 2 B-604 1,504,383.53 2 B-605 1,546,785.59 2 TOTAL $ 18,229,782.64 -4- AMOUNT $137,500.00 83,540.00 131,774.41 31,589.79 176,938.37 106.30 488.52 20,004.92 30,087.67 30,935.71 642,965.69 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the CITY of ROANOKE on the day of , 1995, and the DEPARTMENT on the day of , 1995. ATTEST: CITY OF ROANOKE BY CITY CLERK BY CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY COMMISSIONER -5- ATTACHMENT III FUNDING SUMMARY ao ESTIMATED PROJECT COST LESS VDOT AND FEDERAL SHARE TOTAL CITY SHARE LESS CITY SHARE INVOICED (AND FUNDED) AS OF 12/31/94 ESTIMATED CITY SHARE REMAINING ESTIMATED CITY COST (100%) TOTAL CITY COST REMAINING $18,229,782.64 17~586~816.95 642,965.69 170~963.27 472,002.42 20~000.00 492,002.42 SOURCES 1. STREETS AND SIDEWALKS CATEGORY OF THE 1996 BOND ISSUE 2. WATER FUND - PREVIOUS YEARS' RETAINED EARNINGS 3. SEWAGE FUND RETAINED EARNINGS 283,474.26 31,589.79 176~938.37 $492,002.42 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32487-052295. VIRGINIA, AN ORDINANCE providing for the acquisition of property rights needed by the City for the construction of the Infiltration/Inflow Reduction Program; 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. WHEREAS, by Ordinance No. 32359-012395 adopted by City Council on January 23, 1995, Council granted approval for the acquisition of certain property in connection with the Infiltration/Inflow Reduction Program; and WHEREAS, easements across additional property are required. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Program, For the construction of the Infiltration/Inflow Reduction Garden City 1 (GC-1) and Peters Creek 6A (PC-6A), the City wants and needs certain easements, together with temporary construc- tion easements and rights Qf ingress and egress, as more specifically set forth in the report to this Council dated May 22, 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 previously set by City Council in Ordinance No. 32359-012395. Ail requisite documents shall be upon form approved by the City Attorney. 2. 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, an 'emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia May 22, 1995 Council Report No. 95-144 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: INFILTRATION/INFLOW (I/I) REDUCTION PROGRAM The attached report was considered by City Council at its regular meeting on January 23, 1995. The following property owners were included in the original report; however, these owners each have more than one parcel over which the City requires property rights, and only one tax number was listed for each. Without City Council approval as to each parcel, acquisition of the needed property rights cannot be concluded. Since these property owners have more than one parcel, approval is needed for the additional tax numbers shown below. GARDEN CITY SEWER GC-1 PROPERTY OWNER H. Donald & Betty F. Thacker Clinton H. Mills Wayne M. & Katherine F. McGhee Wayne M. & Katherine F. McGhee W. R. and Sharon A. Sowers TAX NO. 4290106 4290303 4290319 4290321 4300136 PETERS CREEK PC-6A PROPERTY OWNER Roanoke Electric SteelCorp. TAX NO. 6021103 Honorable Mayor and Members of City Council RE: INFILTRATION/INFLOW (l&l) REDUCTION PROGRAM May 22, 1995 Page 2 Recommendation is to authorize the acquisition of permanent and temporary construction easements, as required across the properties identified above, by making offers based on appraisals and institute condemnation if necessary. Respectfully submitted, W. Robert Herbert City Manager WRH/JGB/fm CC; City Attorney City Clerk Director of Finance Director of Public Works Director of Utilities & Operations Manager, Parks and Recreation City Engineer Assistant to the City Manager for Community Relations Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, General Services 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/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. Klser, Director of Utilities & Operations Charles M. Huffine, City Engineer ~&rah E. Fltton, 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: TO: FROM: SUBJECT: January 9, 1995 Members, Water Resources Committee Kit B. Kiser, Dire~:.t~_.~:ilities and Operations thru W. Robert HerbeCt~C?[~ Manager 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 regular meeting of March 8, 1993, included various desiqn services identified through the sewershed infiltration/inflow (I/I) reduction studies. The contract anticipated subsequent phases to be based on preliminary design studies. Two Droiects previously under construction, PC-1 and PC-2, have been comnleted. II. Current situation is as follows: Six oroiects are currentlv under desion. Construction on some projects could begin as early as March of 1995 if the necessary property rights have been acquired. The maioritv 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. II1. 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 C~)uncil 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. o 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 rights. 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. Funding 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. Aoorooriate $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 Lic'k 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 10,000.00 10,000,00 60,000.00 10,000.00 10.000.00 $105,000.00 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 6460101 646O1O5 6472302 LR-3 ProDertv Owner First Union Bank Glenn W. Ramse¥, 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 Tex Number 2471401 2480161 2471402 LR 2 3 BLR 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 E. 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 17~7 MILL GC 1 GARDEN CITY ATTACHMENT D PETERS CREEK 6A PC-6A Prooertv 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 MURRAY RUN IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32488-052295. VIRGINIA 1994-95 General emergency. WHEREAS, Government of the exist. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Public Safety Building Inspection (1) ........................... Nondepartmental Contingency - General Fund (2) .................... $ 32,501,918 692,692 $ 49,393,092 180,584 1) Demolition of Structures 2) Contingency (001-052-3410-7500) (001-002-9410-2199) $ 35,000 (35,000) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: II. III. May 22, 1995 Report No. 95-145 Subject: Back,round: A. Appropriation of Funds for Demolition of Unsafe Buildings Dilapidated buildines determined to be nublic nuisances and hazards are ordered by the City to be demolished by their owners. City nays for demolition if orooertv owners cannot be comoelled to comolv with the orders for various reasons, including the owners cannot be identified or located to be prosecuted in court, or are indigent. Owners of record are billed, and a lien is recorded against the property for the ensts of the demolition. Twenty-four (24~ such buildines have been razed bv the City thus far this fiscal year, at a cost of more than $198,000. Six (6) more buildings are under contract to be demolished, using supplemental General Funds appropriated by City Council May 8. Current Situation: Twelve (12] additional buildines have been condenmed by the Buildine Devartment for demolition, whose owners cannot be compelled immediately to remove them themselves because they cannot be identified or located, are indigent, cannot be served with court papers, or various other reasons. Five (5~ of these are considered critical by the Building Commissioner, due to their hazardous condition. Cost of their demolition is expected to total approximately $35,000. Issues: A. Public Safety B. Cost to the City Al~emotives: Transfer $35.000 fi.om General Fund Contineencv at, count. #001-002-9410-2199. to Demolition. account #001-052-3410-7500: and authorize the City Mananer to execute individual contracts for the demolition of s~ecific buildings declared by the Building Commissioner to be public nuisances and unsafe in accordance with the Virginia Building Maintenance Code. May 22, 1995 Page Two Public safety will be enhanced by the expeditious removal of five (5) imminently hazardous buildings. Cost to the City initially will be $35,000. However, some portion of this cost may be recovered eventually fi.om the property owners or upon sale of the properties. B. Do not appropriate additional funds for the demolition of identified public nuisances. Public s0f~ would be ieooardized by continuation of imminently hazardous conditions, until edditiunal appropriations for demolitions become available in July. Cost to the City would be delayed until July 1. the new budget year, when additional funds become available. Further, the continuation of hazardous conditions present the possibility of additional costs to the City through police and fire protection activities. V. Recommendation: Avvrove Alternative A. thereby transfen'ing $35,000 fi.om General Fund Contingency account, #001-002-9410-2199, to Demolition, account #001-052-3410-7500; and authorizing the City Manager to execute individual contracts for the demolition of specific buildings declared by the Building Commissioner to be public nuisances and unsafe in accordance with the Virginia Building Maintenance Code. WRH/hdp/rs(cr052295) Assistant City Manager City Attorney Director of Finance Director of Public Works Building Commissioner Respcet'lvely submitted, W. Robert Herbert City Manager ,p IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May~ 1995. No. 32489-052295. A RESOLUTION authorizing the Director of Finance to reimburse the cost of one (1) motor vehicle decal and an mount equal to up to Five Hundred Dollars ($500.00) of the personal property tax paid on said vehicle which is registered to any active member of Roanoke Emergency Medical Services, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Director of Finance is hereby authorized to reimburse, by check payable to Roanoke Emergency Medical Services, Inc., ("REMS") for the cost of one motor vehicle decal and an amount equal to up to Five Hundred Dollars ($500.00) of the personal property tax paid on one vehicle which is registered to any active REMS member who meets the requirements set forth in Attachment B to the May 22, 1995 report of the City Manager to this Council, and such reimbursements shall be administered in accordance with Attachment B. 2. Such reimbursements shall commence with the decal fee and personal property tax due and payable during calendar year 1995 and shall continue unless and until further action is taken by this Council. ATTEST: City Clerk. Roanoke, Virginia ,M~y'22, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Incentive Program for Emergency Medical Services EMS Volunteers Dear Members of Council: I. BACKGROUND City Manager's report to Ci.ty Council on May 16. 1994 with regar0 to an incentive program for Emergency Medical Services volunteer~ was referred to City Manager and Commissioner of Revenue for further study, report and recommendation to City Council. Fire/EMS Strategic Planning Process that commenced in the spring of 1994 was aimed at shaping the future of fire and emergency medical services for the City of Roanoke. The Strategic Plan for Fire and EMS presented to City Council on F~JJlrJ~]~ recommended a continuing role for EMS volunteers and identified that a program is needed to recognize, motivate and reward volunteers. City Council resolution dated February 13, 1995 recognized the vital role played by EMS volunteers and encouraged volunteers to continue to provide valuable services to the citizens of the City; and, authorized the City Manager to take necessary and appropriate steps to accomplish the objectives of the resolution. Recruitment and retention efforts to maintain volunteer manning levels continue to be a challenge. Economic changes, increased exposure to infectious disease, violence toward EMS providers and significant training requirements result in declining volunteer resources statewide, the City of Roanoke being no exception. II. CURRENT SITUATION Roanoke Emergency Medical Services. Inc, (REMS) membership ban steadily declined from 110 volunteer~ in 1989 tO 62 in 1995, This decline in volunteer participation results in an increased cost to the city to provide this essential service. Page 2 Of the current membership, 30 volunteers "actively" participate and would meet requirements to receive incentives. Many of these active members reside in surrounding jurisdictions and volunteer in the city to gain experience in a busy system. 3. An active member is defined as follows: An individual who consistently and routinely meets the expectations of membership which consist of working a duty shift (12 hour shift every 6th day) and attending the monthly business and training meetings, (or) An individual in an administrative volunteer position for REMS who provides numerous hours necessary for efficient operation. Examples: President, Operations Officer, Equipment Officer, etc. Administrative officers must document 12 hours per week in order to qualify for incentives. A sub-committee of the Fire/EMS Strategic Planning Team a~ointed by the Director of Public Safety has carefully reviewed the issue-~f volunteer incentives. Co Other localities were contacted to determine incentives offered tO EMS volunteers throughout the state. Several jurisdictions offer a free decal and reduced tax rate on personal property (one vehicle registered to volunteer). Attachment "A" outlines incentives provided by other jurisdictions. State Code Section 58.1-3506.A (13) and Section 46.2-752,A,? allow local governments to waive personal property tax and decal fees for volunteer EMS providers who regularly respond or perform other functions for a volunteer EMS agency. ~l~;]larg~[e&~ are issued to City of Roanoke residents who are ex- prisoners of war and/or disabled veterans. Members of the National Guard receive vehicle decals at half price. ~ have been established for volunteers to earn incentives. See Attachment "B". Page 3 l~I. ISSUES A. Recruitment and retention B. Cost C. Effective date IV. ALTERNATIVES Ao Provide reimbursement for cost of one vehicle decal and up to $500 maximum on personal property tax on one vehicle registered to active REMS members regardless of their residing jurisdiction. Reimbursement to be based on original paid receipts. Recruitment and retention should improve as volunteers lire encouraged to actively participate. Cost would not exceed $10,000. Funding in this amount, based on the estimated level of volunteer participation, was included in the FY 1996 budget as presented to City Council April 24 and approved on May 8, 1995. Effective date ~ Reimbursement would begin July 1, 1995 for volunteers who have met eligibility requirements for FY 1995 (July 1, 1994 - June 30, 1995). Provide "no charge" vehicle decal and up to $500 cap on personal pro_t>erty tax for one vehicle to "active" REMS members who reside within the City of Roanoke. Recruitment and retention efforts would be limited to those persons residing in the City of Roanoke. Current participating volunteers residing in other jurisdictions may discontinue providing services. Cost would be $3,033 for FY 1996 if incentive is offered to city residents only. Of the 30 active members, 19 reside in the city. Effective date - Incentive measure would begin July 1, 1995 for volunteers who have met eligibility requirements for FY 1995 (July 1, 1994 - June 30, 1995). Page 4 Do not provide incentives to attract and retain volunteers in the volunteer component of emergency medical services. Recruitment and retention efforts would not be enhanced and the decline in volunteer participation will continue. Cost to provide this service will continue to increase if volunteer participation continues to decline. 3. Effective date would not be an issue. RECOMMENDATION Ci_ty Council concur with alternative "A" and provide reimbursement through REMS for total cost of one vehicle decal and up to $500 maximum on personal property tax on one vehicle which is registered tO any active REMS member regardless of residing jurisdiction. Such vehicle must be regularly used by such member to respond to EMS calls or perform other EMS duties. Funding totalling $10.000 was approved in the FY 1996 budget by Ci~r Council on May 8. 1995, Respectfully submitted, W. Robert Herbert City Manager WRH/WBR:cw CC' City Attorney Director of Finance Director of Public Safety City Treasurer Commissioner of Revenue Manager of Emergency Services President of REMS REMS Operations Officer REMS Business Administrator ATTACHMENT "B" II. VOLUNTEER INCENTIVE PROGRAM Volunteer Reo_uirements A. Individuals shall have been "actively participating" within the volunteer emergency medical services program for a period of one year prior to receiving benefit. "Active" is defined as follows: 1. Shall be a member in good standing of Roanoke Emergency Medical Services, Inc., (REMS), as outlined in the Bylaws and Standard Operating Procedures of the organization; 2. Shall provide a minimum of twelve (12) hours per week or a minimum of 48 hours per month as an EMS field provider; 3. Shall attend a minimum of 75 percent of all business and training meetings; 4. Shall maintain a Virginia Emergency Medical Technician certification; 5. Shall complete and submit an Application Form with validated receipts to qualify for reimbursement. 6. REMS employees who receive compensation shall not be eligible for incentives. Program Implementation / Dispersement of Reimbursement J~ly 1 - Jun~ 30 Volunteer incentive program will be based on documented performance during this period each year. First year program will be based on July 1994 - June 1995. June 15 Deadline for volunteers to submit application with original paid receipts for decal and personal property from the jurisdiction in which the volunteer resides. Application submitted to REMS Office. Application - Attachment "C". Attachment B Page 2 of 2 ,l~lly 1 Deadline for REMS Administrator to verify volunteer performance and eligibility of volunteers to receive reimbursement. Documentation shall be provided to the REMS Operations Officer and the Manager of Emergency Medical Services. July 15 EMS Manager will submit a list of qualified volunteer names, addresses, social security numbers and approved amount of reimbursement for submittal to the Director of Finance. Original receipts of payment will be attached. August 1 Director of Finance will disperse one reimbursement check payable to Roanoke Emergency Medical Services, Inc. First REMS Business Meeting in August Each Year Individual checks will be presented to qualified volunteers. ATTACHMENT "C" Office of Emergency Services / Emergency Medical Services CITY OF ROANOKE APPLICATION FORM FOR PI~SONAL PROPERTY AND DECAL REIMBURSEMENT PRO{aRA/vi OF MOTOR VEHICLES OWNED BY MEMBERS OF ROANO1QE EMERGENCY MEDICAL SERVICES OWNER INFORMATION ] (Please Type or Print m Black Ink) Name of Volunteer Social Security Number Address City State Zip Home Phone Work Phone VEHICLE INFORMATION of MI otor Vehicles) (As registered with the Department Year Make Model VEHICLE ID# STATE LICENSE # Title # Owner: Social Security Number Co-Owner: Social Security Number Under penalty of law (Roanoke Code 20-28, Subsection O), I certify that the information provided above is true and correct. I further certify that I am a member in good standing with Roanoke Emergency Medical Services, Inc., and meet eligibility requirements. Member Signature Date CERTIFICATION OF THE SQUAD Pursuant to Section 58.1-3506.A. 13 of the Code of Virginia, I certify that as of January 1, 1995, is a member of Roanoke Emergency Medical Services, Inc., (REMS) and meets the said eligibility requirements. I further affirm that this information is correct to the best of my knowledge, and that the vehicle described is used regularly to perform duties associated with the volunteer membership of REMS. Signature of Operations Officer/Captain Date Room 154, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2425 FAX: (703) 981-1599 IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32490-052295. VIRGINIA 1994-95 General emergency. WHEREAS, Government of the exist. AN ORDINANCE to amend and reordain certain sections of the Fund Appropriations, and providing for an for the usual daily operation of the Municipal City of Roanoke, an emergency is declared to THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1994-95 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: A ro riations Public Safety Family-Oriented Group Home (FOGH) (1) ............. $ 32,533,804 56,211 Revenue Grants-in-Aid Commonwealth Juvenile Facilities Block Grant (2) ............... $ 29,948,568 1,059,886 1) Purchase Services (001-054-3361-3160) 2) Juvenile Facilities Block Grant (001-020-1234-0652) $ 31,886 31,886 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia 5/22/95 #95-504 The Honorable Mayor and Members of City Council Roanoke, Virginia Mayor and Members of Council: SUBJECT: Appropriation of funds from the Family Services to administer Homes (FOGH) program. Department of Youth and a Family Oriented Group I. BACKGROUND City of Roanoke received funds from the Department of Youth and Family Services to administer a Family Oriented Group Homes (FOGH) program for local children in need of therapeutic residential placement while staying in their parents' custody. The program is administered through the Crisis Intervention Center and is known as the Sanctuary- Family Oriented Group Homes (FOGH) program. Currently there are two FOGH homes open and the program is operating at 100% capacity. The Department of Youth and Family Services provides funding in the form of an annual block grant to administer the Sanctuary-FOGH program. II. CURRENT SITUATION The funds from the Department of Youth and Family Services for fiscal year 94-95 have not been appropriated. The block grant for FY 94-95 is $31,886. III. ISSUES Bedspace-- an increased need for therapeutic placement exists in the community. A waiting list of six to thirty children often exists for placement at the Crisis Intervention Center. 2. Current programs do not provide for all adolescents in need of services. IV. B. Budqet Block grant funds of $31,886 have been awarded to the City of Roanoke by the Department of Youth and Family Services. ALTERNATIVES ao City Council appropriates $31,886 for use by the Sanctuary FOGH program (Account 001 054 3361 3160). Bedspace- Increased bedspace will be available to adolescents and human services delivery system. 2. Budget-- Ail funds have been received by the City. City Council does not appropriat~ $31,886 for use by the Sanctuary FOGH program. Bedspace-- A waiting list will Crisis Intervention Center adolescents will not be served. continue at and[ some RECOMMENDATIONS A. City Council concur with "Alternative A" and appropriate $31,886 for use by the Sanctuary FOGH program (Account 001 054 3361 3160) and increase the General Fund revenue estimate. Respectfully Submitted W. Robert Herbert cc: Glenn D. Radcliffe, Director of Human Development Wilburn C. Dibling, City Attorney James Grisso, Director of Finance Diane Akers, Office of Management and Budget 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 May 25, 1995 File #68-72-175-389 Eston Burge, County Administrator, Alleghany County Gerald A. Burgess, County Administrator, Botetourt County Stephen A. Carter, City Manager, City of Clifton Forge David H. Dew, City Manager, City of Covington Richard C. Flora, County Administrator, Craig County Elmer C. Hodge, County Administrator, Roanoke County Randolph M. Smith, City Manager, City of Salem B Clayton Goodman, III, Town Manager, Town of Vinton Gentlemen: I am enclosing copy of Resolution No. 32491-052295 supporting the formalization of a regional commission on organ and tissue donation and transplantation, and encouraging localities in the Fifth Planning District to join with the City of Roanoke in creating such a commission. Resolution No. 32491-052295 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Eston Burge, County Administrator, Alleghany County Gerald A. Burgess, County Administrator, Botetourt County Stephen A. Carter, City Manager, City of Clifton Forge David H. Dew, City Manager, City of Covington Richard C. Flora, County Administrator, Craig County Elmer C. Hodge, County Administrator, Roanoke County Randolph M. Smith, City Manager, City of Salem B. Clayton Goodman, III, Town Manager, Town of Vinton May 25, 1995 Page 2 pc: Wayne G. Strickland, Executive Director, P. O. Box 2569, Roanoke, Virginia 24010 Melissa A. Meadows, Clerk, Alleghany County Board of Supervisors, P. O. Box 917, Covington, Virginia 24426 Susan H. Fain, Deputy Clerk, Botetourt County Board of Supervisors, P. O. Box 279, Fincastle, Virginia 24090 V. Craig Hudson, Clerk, City of Clifton Forge, 1414 Grace Avenue, Clifton Forge, Virginia 24422 Edith S. Wood, Clerk, City of Covington, 158 N. Court Avenue, Covington, Virginia 24426 Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018 Forest G. Jones, City Clerk, City of Salem, P. O. Box 869, Salem, Virginia 24153 Carolyn S. Ross, Clerk of Council, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1995. No. 32491-052295. A RESOLUTION supporting the formalization of a regional commission on organ and tissue donation and transplantation. WHEREAS, almost 38,000 people in the United States are currently on a waiting list to receive organ and tissue donations and transplantations; WHEREAS, statistics received from the United Network for Organ Sharing (UNOS) indicate there are 40,147 donors, which resulted in 92,619 transplanted organs in the United States in the past five years; WHEREAS, the number of patients on the waiting list for organ transplants increased 108% and the median waiting time increased for most patients, and the total deaths for persons on the solid organ transplant waiting list increased 98% from 1988 - 1993; and WHEREAS, these statistics clearly establish a dramatic need for increased awareness, coordination and education to stimulate action on organ and tissue donations, and knowledge of transplantations before the situation becomes even more critical. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council supports the formation of a Regional Commission on Organ and Tissue Donation and Transplantation. 2. This Council encourages the localities in the Fifth District Planning District to join with the City in creating such a commission. 3. The City Clerk is directed to forward copies of this resolution to the governing bodies of Jurisdictions in the Fifth District Planning District. ATTEST: City Clerk. Roanoke, May 22, 95-505 Virginia 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: Subject: Establishment of a Regional Commission on Organ and Tissue Donation and Transplantation I. BACKGROUND People currently on the waiting list in the United States to receive Organ and Tissue donations and transplantations is almost 38,000. B. Statistics received from the United Network for Organ Sharing~ UNOS, indicate there were 40,147 donors, which resulted in 92,619 transplanted organs in the United States in the past five years. Patients on the waitinq list for orqan transplants increased 108% and the median waiting time increased for most patients. The total deaths for persons on the solid organ transplant waiting list increased 98% from 1988 1993. Statistics clearly establish a dramatic need for increased awareness, coordination and education to stimulate action on Organ and Tissue donations, and knowledge of transplantation before the situation becomes even more critical. II. CURRENT SITUATION Fairfax County~ Virginia~ has established a volunteer Commission on Organ and Tissue Donation and Transplantation and is urging that other local governments implement a similar local commission. The Board of Supervisors of Roanoke County resolved to support the formation of a Regional Commission on Organ and Tissue Donation and Transplantation and have requested participation from all localities in the Fifth Planning District. The Cities of Salem and Clifton Forge and the Town of Vinton have all passed resolutions in support of a Commission. The Carillon Transplant Center at Roanoke Memorial Hospital and the Virqinia Orqan Procurement Aqency hav~ offered assistance in planning and establishin9 the Commission. III. IV. ISSUES A. Public Education and awareness. B. Coordination of information. C. Cost to the City ALTERNATIVES A. City Council support the formation of a Regional Commission on Organ and Tissue Donation and Transplantation. 1. Public will be better educated and aware of the matter. Localities in the Fifth Planning District support the commission. Cost to the City will not be an issue - volunteer commission. B. City Council not suDport the formation of a Regional Commission on Organ and Tissue Donation and Transplantation. 1. City residents will not be knowledgeable of the Commission. City Council not part of the coordination of information throughout the Fifth Planning District. 3. Cost to the City is not an issue - volunteer commission. VI. RECOMMENDATION City Council adopt a resolution to support the formation of a Regional Commission on Organ and Tissue Donation and Transplantation. Sincerely, W. Robert Herbert City Manager WRH/GDR:gr cc: Wilburn C. Dibling, Jr., City Attorney James D. Ritchie, Assistant City Manager James D. Grisso, Director of Finance Dr. Molly Rutledge, Acting Health Director Diane Akers, Budget Administrator Ken Cronin, Personnel Manager Mary Parker, City Clerk Glenn D. Radcliffe, Director of Human Development COUNTY ADMINISTRATOR ELMER C. HODGE (703) 772-2004 The Honorable David A. Bowers Mayor, City of Roanoke 215 Church Avenue, SW Roanoke, VA 24011 Dear ~-),,-~ n-.?~.;~ P.O. BOX 29800 5204 BERNARD DRIVE ROANOKE, VIRGINIA 24018-0798 FAX (703) 772-2193 February 22, 1995 RECEWED FEB 2 3 1995 MAYOR'S E,~, BOARD OF SUPERVISORS H. ODELL "fUZZY" MINNIX, CHAIRMAN EDWARD G KOHINKE. SR , VICE-CHAIrMAN LEE B EDDY f703) 772-2005 In January, Roanoke County received a letter and resolution from the Falrfax County Board of Supervisors advising that they had established a commission on Organ and Tissue Donation and Transplantation. They encouraged other jurisdictions in Virginia to establish a similar commission. On February 14, the Roanoke County Board of Supervisors adopted Resolution 21495-2, which supports the establishment of a regional commission on organ and tissue donation and transplantation, comprised of the localities in the Alleghany Health District and the City of Roanoke. Dr. Molly Rutledge, Health Director for the Alleghany Health District and the City of Roanoke, has expressed strong support for the formation of this commission and has offered to serve as a member. The Commission on Organ and Tissue Donation and Transplantation would coordinate resources in the community; promote awareness on organ and tissue donation and transplantation; educate the community about the process and increase the number of donors in our region. The Carilion Transplant Center at Roanoke Memorial Hospital and the Virginia Organ Procurement Agency have contacted our staff and offered their assistance in planning and establishing the commission. On behalf of the Roanoke County Board of Supemisors, I invite the City of Roanoke to join us in the creation of a Commission on Organ and Tissue Donation and Transplantation. Attached is a copy of our resolution and we urge that your locality adopt a similar resolution. We look forward to a response from your jurisdiction, and we hope that you will join us in this endeavor. Sinc~ H. Odell "Ffzz~' Minnik, Chairman Roanoke County Board of Supervisors CC: Dr. Molly Rutledge, Health Director Board Reading File Mary Allen, Clerk to the Board May 3,1995 The Honorable David A. Bowers, Mayor City of Roanoke 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Dear Mayor Bowers: I received a copy of your letter dated April 11, 1995 regarding the Town of Vinton's resolution in support of the Regional Commission on Organ and Tissue Donation and Transplantation. Please know that Dr. Molly Rutledge, Acting Health Director for the City, is in the process of putting a Council Report together on this matter, which report should go before Council on May 22, 1995. In the meantime, please contact me should you have any questions regarding this matter. Sincerely, W. Robert Herbert City Manager WRH/dh Mr. Glenn D. Radcliffe, Director of Human Development Dr. Molly Rutledge, Acting Director, Roanoke City Health Department Ms. Mary F. Parker, City Clerk 215 Church Avenue SW Roanol~e ~rgima 24011 DAVID A. BOV~ERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W.. Room 452 Roanoke, ~ru'ginia 24011 - 1594 Telephone: (703) 981-2444 pRIVILEGED AND CONFIDENTIAL April 11, 1995 The Honorable Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Please find enclosed correspondence dated April 5, 1995, from the Town of Vinton regarding their Resolution in support of the Regional Commission on Organ and Tissue Donation and Transplantation. We have received similar Resolutions of endorsement from other jurisdictions. The Members of Council and the City Manager should advise me if you want to have this matter brought on our agenda for your consideration. Sincerely, David A. Bowers Mayor DAB:mrg Enclosure pc: I have not heard from any of you regarding my letter dated March 28, 1995, involving Ted Edlich's request for a Resolution about federal funding cut backs, nor have I heard any comment from any of you regarding my letter dated March 9, 1995, regarding stiffer enforcement of consU'uction contractors licenses by the City of Roanoke. Please let me hear from you regarding these two matters. May 22, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance April Financial Report This financial report covers the period July through April of the 1994-95 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues reflect an increase of 4.59% over fiscal year 1994 on a year-to-date basis. This is an increase of over $5 million. Variances in specific categories of revenue are as follows: General Property Taxes, the largest category of General Fund revenues, are approximately $2.5 million or 4.63% over that of FY94. An increase in personal property tax levies accounts for approximately $2 million of this, and the remaining increase is from growth in real estate taxes. The expansion in personal property taxes is due to an improved economy which has yielded a higher volume of automobile sales in the current year. Additionally, the motorcycle and four-wheel drive classes included many vehicles whose assessments increased from 1994 to 1995. Personal property will be adjusted downward slightly before year end to reflect actual cash collections received. Other Local Taxes are up 4.26 %, adding $1,390,000 to General Fund revenues. An additional $1.0 million of business license tax revenue has been collected over that of FY94 due to increased business license return auditing implemented by the Commissioner of the Revenue. State sales tax revenue has increased, up 7.69% or $869,000 from FY94. The prepared food and beverage tax has risen more than $180,000 since FY94 due to an expanded economy and new restaurant business within the City. Utility taxes have decreased as a result of the mild winter in 1995. The cable TV franchise tax is also down on a year-to-date basis due to the last quarterly payment being received in May, 1995 versus April, 1994. Fines and Forfeitures reflect a 33.89% increase over FY94 due to a significant increase in General District Court fines resulting from a more aggressive collection approach, increased caseload, and the new policy of accepting payments by credit card. Court judgment collection fees of $54,000 have also been collected in FY95 by the newly established Cost Collections Unit. Grants-in-Aid Commonwealth is up 3.55%, adding $750,000 to General Fund revenues. Approximately $300,000 of this results from state recordation tax, collected all of FY95 but only part of FY94. Rental car tax revenue has increased due to timing differences in the State's remittance of this tax to the City. Revenue from Jail shared expenses have increased in FY95 while revenue from the Jail Block Grant has decreased due to a change in the way the City is reimbursed for medical staff costs. Street maintenance categorical aid is Up, in line with budgeted increases. Honorable Mayor and Members Roanoke City Council May 22, 1995 Page 2 Grants-in-Aid Federal Government is up significantly due to winter storm reimbursement of $245,000 in FY95 compared to $57,000 in FY94. Miscellaneous Revenue has increased 83.58% due to a $75,000 increase in surplus property sales proceeds coupled with other miscellaneous revenue accruals. Internal Services revenue is up 10.34% or $125,000 due to increases in billings by street maintenance, building maintenance, grounds maintenance, and engineering. These increases are consistent with budgeted increases in the billings. EXPENDITURES AND ENCUMBRAN(~E~ Expenditures and encumbrances in the General Fund are up 6.73% over the 1994 fiscal year. Variances in specific categories are explained as follows: Judicial Administration expenditures have increased 7.22% or $207,000. Personal services costs have increased in the Commonwealth's Attorney, Circuit Court, and Sheriff's departments. Equipment purchases by the Clerk of the Circuit Court, Juvenile and Domestic Relations Court Clerk, and Sheriff's Departments have also increased. Greater CIS billings have been incurred by the Commonwealth's Attorney. The Commonwealth's Attorney Cost Collections Unit, with expenditures of approximately $40,000, is a new cost center in FY95. Public Works expenditures have increased $1,295,000 or 8.02%. Street paving costs have increased $216,000 due to timing differences in the performance of annual street paving. These are expected to approximate the FY94 level by year end. Solid Waste Management's fees for professional services have increased $418,000 due to timing differences in payments for landfill charges. The department's salaries and wages costs have declined, however, due to a reduction in employees, and its costs for equipment rental are also lower. Expenditures for equipment purchases in the Communications department have risen as some previously leased equipment was purchased. Parks Maintenance expenditures have increased due to the renovation of several City parks. The Building Maintenance department has incurred more fleet rental and maintenance costs, costs to maintain City property, and air conditioning expenses. Recycling department expenditures have increased approximately $162,000 due to increases in all areas that have occurred as the program has expanded. Also, new recycling carts have been purchased, causing expendable equipment costs to rise. Parks, Recreation and Cultural expenditures have increased 7.18% or $288,000. This is substantially caused by an increase of nearly $320,000 in cultural contributions. The largest single increase is to the Hotel Roanoke Conference Center Commission ($276,500 in FY95 versus $123,350 in FY94), but there have also been increased contributions to various other cultural organizations. Decreased Recreation expenditures have resulted from lower utility costs and program activities and higher reimbursements for the use of facilities. Community Development expenditures are up 18.16% or $141,000 due to increased personal services costs in the Department of Planning and Community Development resulting from a new position and the transfer of existing positions into the department in FY95. The subsidy to the Virginia Tech Cooperative Extension Program is also up $12,000 due to differences in the timing of payments on a year-to-date basis. Honorable Mayor and Members Roanoke City Council May 22, 1995 Page 3 Transfers to the Debt Service Fund are up 9.4% or $694,000. Although the overall debt service requirements of the City remain fairly consistent from year to year, timing differences in the transfers to this fund have caused a fluctuation on a year-to-date basis. Transfers to the School Board are up 7.03%, or approximately $1,982,000, due to a 6.25% increase in the amount budgeted to be funded to the School Board combined with timing differences in the transfers on a year-to-date basis. Nondepartmental expenditures, consisting mainly of transfers to other funds, have increased approximately $2.0 million or 95.85%. Budgeted increases in transfers to these funds explain some of this, but the increase is mostly due to transfers being made earlier in FY95 than in FY94. Transfers to the Capital Projects Fund are up nearly $1.5 million due to earlier project commencement dates in FY95. Fleet Management has received $265,000 in FY95 but received none in the prior year through April. Transfers to the Nursing Home have increased $82,000, and slight increases in the transfers to the City Informations System, Civic Center and Grant Funds have occurred. Funding provided to the City Pension Plan has increased from approximately $170,000 to $350,000. I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. JDG/AHA/pac Director of Finance Attachments CITY OF ROANOKE, VIRGINIA GENERALFUND CONTINGENCY BALANCE APRIL30,1995 General Contingency: Ord. NQ. 32155 32173 CMT 051 32191 CMT O73 CMT 094 CMT 105 CMT 113 32304 CMT 120 32350 Deoartment Contributions Commonwealth's Attorney Commissioner of the Revenue Transfer to Capital Projects Office of Management and Budget City Council Personnel Management City Council Personnel Management Personnel Management Grants-in-Aid Federal Government CMT 160 CMT 161 32401 CMT 183 CMT 185 CMT 191 CMT 196 CMT 208 CMT 210 CMT 237 CMT 255 CMT 256 CMT 278 Commissioner of the Revenue Commissioner of the Revenue Snow Removal City Attorney City Attorney City Attorney City Manager City Manager Personnel Management Contributions - Cultural Juvenile and Domestic Relations Court Juvenile and Domestic Relations Court City Manager Total Contingency Balance 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 Portion of the Virginia Department of Emergency Services 1994 Ice Storm Reimbursement Used to Increase the Contingency Balance 1995-96 Decal Order 1995-96 Decal Order Overtime Wages & Chemicals Fees for Professional Services Fees for Professional Services Fees For Professional Services Citizen's Handbook Fees for Professional Services Equipment Costs Miss Virginia Pageant Furniture Equipment Leadership Meeting Costs ( ( $ 366,911 10,000) 13,273) 3,995) 53,589) 2,000) 900) 1,656} 3,540) 33,147) 3,020) 85,072 3,5OO) 5,000) 61,875) 5,000) 5,000) 5,000) 5,000) 5,000) 1,000) 3,000) 3,904) 3,0O0) 5.00Q) 215~584 1 Genera] 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 l-Apr 30 Jul 1-Apr 30 Percentage 1993-94 1994-95 of Chanae 53,305,339 $ 55,774,042 4.63% 32,632,482 34,O21,626 4.26% 631,489 621,653 ( 1.56%) 550,445 736,978 33.89% 952,731 908,321 ( 4.66%) 21,121,759 21,871,955 3.55% 83,295 269,627 223.70% 1,985,O30 2,O15,163 1.52% 108,388 198,980 83.58% 1,203,057 1.327.510 10.34% 112.574.016 ~ 117;745r855 Current Fiscal Year Revi~ed Revenue Estimates Received $ 56,201,000 99.24% 43,697,750 77.86% 724,500 85.60% 716.992 102.79% 1,026,600 88.48% 29,916,682 73.11% 285,825 94.33% 2,671,399 75.43% 287,500 69.21% 1,718,500 77.25% Judicial Administration Public Safety Public Works Health and Welfare Parka, 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 1-Apr 30 Jul 1-Apr 30 Percentage Unencumbered Revised Budget 1993-94 1994-95 of Change Balance Appropriations Obligated $ 7,603,822 $ 7,727,906 1.63% $ 2,029,167 $ 9,757,073 79.20% 2,873,076 3,080,438 7.22% 861,915 3,942,353 78.14% 25,259,219 25,516,200 1.02% 6.950,718 32,466,918 78.59% 16,161,652 17.457,456 8.02% 4,003,492 21,460,948 81.35% 12,683,252 12,881,554 1.56% 5,787,420 18,668,974 69.00% 4,012,905 4,301 ,O62 7.18% 788,260 5,089,322 84.51% 778,549 919,957 18.16% 232,889 1,152,846 79.80% 7,385,012 8,078,920 9.40% 31,745 8,110,665 99.61% 28,184,907 30,167,400 7.03% 5,767,744 35,935,144 83.95% 2.100.578 4.113.975 95.85% 1.268,308 5.382.283 76.44% 107.042.972 $114.244.868 6.73% ~ ~ 2 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 SCHOOL FUND STATEMENT OF REVENUE Year to Date for the Period Jul 1-Apr 30 Jul 1-Apr 30 Percentage 1993-94 1994-95 of Change $ 5,354,909 $ 5,632,567 6.12% 19,569,344 22,593,884 15.46% 1,354,448 1,671,522 23.41% 1,700,003 1,938,467 14.03% 28,365,179 30,167,400 6.35% 8.276,784 7.936.688 ( 4.11%) Current fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received 7,480,506 75.97% 26,697,649 84.63% 2,342,068 71.37% 2,727,983 71.06% 36,919,871 83.99% 9.635.629 N/A 841803;706 82.53% 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 Jul 1-Apr 30 Jul 1-Apr 30 Percentage 1993-94 1994-95 of Change 40.597,534 $ 43,205.849 6.42% 1,721,542 2,127,898 23.60% 2,031,213 2,049,479 .90% Current Fiscal Year Percent of Unencumbered Reviled Budget Balar~ce ADDrOarletionl Obligated $ 10,874,209 $ 54,080,058 79.89% 797,433 2,925,331 72.74% 758,492 2,807,971 72.99% 6.943,258 7,095.994 2.20% 1,848,557 8,944.551 79.33% 2,391,559 2,235,674 1,867,804 9.972.910 67~761r494 2,584,966 8.09% 734,305 3,319,291 77.88% 3,094,747 38.43% 198,419 3,293,166 93.97% 1.906,361 2.06% 61,056 1,967,417 96.90% 9,635~629 ( 3~38%) 9,635.629 N/A ~ $ 15 272 471 $ 86f973,414 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF APRIL 30, 1995 Budaat General Government $ 31,568,038 Public Safety 9,169,051 Public Works 33,210 Education 10,790,683 Recreation 230,266 Streets and Bridges 8,927,206 Sanitation Projects 4,010,156 Traffic Engineering & Communications 1,243,300 Other Infrastructure Projects 7,361,103 Capital Improvement Reserve 541.134 Total $ 73,874,147 Expenditures Unexpended Outstanding Unencumbered To Date Bplen;~ Encumbrances Balance $ 28,437,889 $ 3,130,149 $ 1,395,565 $ 1,734,584 3,061,996 6,107,055 5,774,668 332,387 21,204 12,006 12,004 2 8,460,398 2,330,285 1,938,152 392,133 31,928 198,338 114,573 83,765 5,769,101 3,158,105 647,658 2,510,447 3,517,608 492,548 376,321 116,227 1,193,090 50,210 50,210 4,355,688 3,005,415 833,281 2,172,134 541.134 ~41,1~4 $ 54.848f~iq2 $ 19,025,245 ~ $ 7,933.023 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1995 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Add: Non-Operating Revenue (Expenses) Interest on Investments Rents Operating Supplement from General Fund Miscellaneous Revenue Miscellaneous Expense Total Non-Operating Revenue (Expenses) Net Income 1995 $ 2,668,602 2,350,956 218,720 22,058 1,817,505 359,909 7,437,750 1,002,932 2,365,915 664,836 4,033,683 3,404,067 128,527 2,650 3,465 18,065 1,245) 151,462 1994 $ 2,591,791 2,371,152 215,761 13,768 1,057,064 293,532 6.543,068 864,675 2,252,185 674,342 3,791,202 2.751.866 70,473 2,825 1,904 1.2831 73,919 $ 2,825,785 5 CITY OF ROANOKE, VIRGINIA WATER FUND APRIL 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Project Other Equipment New Services, Hydrants, and Lines Fire Hydrants FY 86 Project Design Carvins Cove Improvement Phase I Carvins Cove Improvement Phase II 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 Carvins Cove Phase II Cont A-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 VDOT Waterline Betterment New Contract Items-Carvins Cove Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 14,026 396,905 7,36O 12,103 1,903,635 1,226,240 243,274 2,748,423 3,356,785 268,296 2,106,553 1,452,591 2,146,569 1,397,592 63,815 99,756 2,512,489 677,175 1,257,040 452,467 26,140 32,369,234 22,631.903 $ 9.737~331 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 10 MONTHS ENDING APRIL 30, 1995 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 Income 1995 $ 4,740,424 1,207,329 274,854 969,223 116,789 99,647 48.608 7.456.874 1,295,540 3,190,567 794.846 5.280,953 2.175,921 1994 $3,923,766 880,711 197,669 690,185 49,439 84,712 20.950 5.847.432 1,218,290 3,581,417 808.403 5.608.110 239.322 Add: Non-Operating Revenue (Expenses) Interest on Investments Miscellaneous Revenue Bond Issuance Miscellaneous Expense Interest Expense Total Non-Operating Revenue (Expenses) Net Income 50,673 14,570 303) 9,375) 55,565 2.231.486 39,253 10,808 57,522) 329) 16.797} 24.587) 7 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND APRIL 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Other Equipment FY86 Projects Design Effluent Reaeration Sewershed I/I Project Design Phase I Sewershed I/I Reduction II Sewershed I/I Reduction I/I Property Rights Acquisition STP Expansion Bonds - 94 Issue WPCP - Chemical Storage Tanks 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 Exoenditures 18,783 66,347 35O 314,893 129,455 292,091 341 224,267 172,074 65,878 64,540 102,096 60,377 1,511,492 701,225 $ 810.267 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 10 MONTHS ENDING APRIL 30, 1995 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 Loss 1995 443,396 199,019 164,918 2,395 197,480 266,311 36.578 1.310.097 838,192 943,352 280.870 2,0~2,414 (752.317) 644,196 28,114 10.949 683.259 $( 69,058) 1994 $ 430,438 193,337 167,485 2,432 188,290 184,062 41.145 1.207.189 798,124 830,230 275.111 1.903.465 696.276) 618,631 13,965 5.760 638.356 $! 57.92.~0) 9 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND APRIL 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect Parking Lot Paving Other Equipment Auditorium Floor Replacement Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Exoenditures $ 236,677 36,983 75.203 348,863 $ 348~86:} 10 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1995 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 Transfer from Materials Control Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Non-Operating Revenue (Expenses) Net Income 1995 255,162 218,760 137,430 358,329 194,487 93.382 1,257,550 484,855 433.997 918.9~2 338,698 1994 $ 254,153 214,005 138,800 379,118 176,040 60.380 1.222,49§ 603,142 436.116 1.039.259 183.238 765,316 827,000 91,208 546) 2,333 4,268 1,152 400,000) ( 397,645) 589.853} ( 607.263} 129,607) ( 174,4231 $ 209.091 $ 8.815 11 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1995 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 1995 127,317 219,335 680,551 1,027.20~ 987,333 379,720 19,744 1,386,797 ! 359.594) 12,548 485,750 498,299 138f704 1994 $ 162,099 210,806 ~1,271 1,034,176 939,019 325,345 30,034 1,294,398 (260,222) 8,414 404,419 412.833 $ 152 611 12 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND APRIL 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Pro|ect Other Equipment Total Project Expenditures Less Prior Year Expenditures Total Current Year Expendituree Year to Date Exoenditures $ 5.375 5,375 5r37~ 13 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1995 Operating Revenue: Operating Revenue Total Operating Revenue Less: Operating Expenses Operating Expenses Total Operating Expenses Operating Loss Add: Non-Operating Revenue City Contribution Contribution from Virginia Tech Proceeds from Brick Sales Interest on investments Total Non-Operating Revenue Net Income 1995 1994 351.843 147,979 351.843 147.979 ( 351.843} (147.979) 276,500 123,350 276,500 92,782 (1) 59,716 11,914 624.630 216.132 ~272.787 $ 68.153 (1) Virginia Tech paid $30,568 for feasibility study and received credit toward its operating subsidy for that amount. 14 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND APRIL 30, 1995 (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 Exoenditures 12.153.154 12,153,154 3.256.136 8.897.018 Note: This project is continued from prior years with inception to date totals. 15 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 10 MONTHS ENDING APRIL 30, 1995 Operatin(~ Revenue c~y Information Materials Management Utility Line Fleet Systems Control Services Sew(cee Manaoement Charges for Services ~ 2,022,610 $136.135 Total Operating Revenue 2,022,610 136,135 Ooeratino Ex~enses Personal Services 1,084,718 69,684 Operating Expenses 527,223 24,954 Depreciation 173.445 1,489 Total Operating Expenses 1.785.387 96.127 Operating Income 237.223 40,008 Nonooeratina Revenue (Exoenses) Interest Revenue Miscellaneous Operating Supplement from General Fund Operating Transfer to Transportation Fund Net Nonopereting Revenue (Expenses) Nat Income (Lees) 34,327 6,696 $0,000 I 91.208) 84,327 (84,612) TOTALS 1995 1994 368,385 $2.469.423 ~ 2,619,815 $ 7.616.368 ~ 7,421,311 368,385 2,469.423 2.619.815 7.616.368 7,421,311 57,065 1,774,315 935,452 3,921,235 3,835,108 262,165 411,612 551,500 1,777,354 1,707,163 31,221 141.252 854.059 1,201,466 1.237.079 350.451 2.327.079 2,341.011 6,900,055 6,779,350 17,934 142,344 278.804 716,313 641.961 6,383 37,499 33,751 118,656 102,557 358 264,644 314,644 ( 91~208) 6.383 37,499 298,395 342.092 102,915 241317 ~ 1791843 ~577,199 $ 1~0581405 ~ 744~876 16 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS APRIL 30, 1995 (CONTINUED) Capital Outlay Not Included in Operating Expenses: Proiect CIS - Other Equipment MS - Other Equipment MS - Furniture and Equipment ULS - Furniture and Equlpment ULS - Vehicular Equipment ULS - Other Equipment ULS - Sewershed Study FM - Vehicular Equipment FM - Other Equipment Total Year to Date Exoenditures $1,401,447 14,675 2,615 2,399 91,451 65,739 17,292 617,070 17.533 17 G'TI'Y OF ROANOKE, VIR~ilNIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED A.'qq£ 30, la TO THE DIRECTOR OF FINANCE: GENERAL STATEMENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY OF ROANOKE, VIRGINIA FOR THE FUNDS OF SAID CITY THE MONTH ENDED APRIL 30. 1995. iF~N~ ::i~: :~ i:/: ?: ~:: ::i?~i:~: ~: ii!::.:~ i fill:. ~ ~ii: :~ :: :~ i h:?/:~i~i :i?: !.: :P~~h :/~?/~! ~!: ~;:=:~ iiHii:.i::~:: ~ ~!I~:i~: :~::~ GENERAL ($540,588.85) $16,090,332.75 $8,682,325.09 WATER 7,934,621.09 481,039.26 479,144.02 SEWAGE 18,695,813.36 1,947,095.~4 1,258,906.81 AIRPORT 5,447.97 0.00 0.00 civic CENTER 545,929.90 332,880.06 312,242.70 TRANSPORTATION 41,424.72 108,883.85 80,707.07 CAPITAL 10,349,076.54 137,066.46 1,629,516.91 NURSING HOME 34~, 180.72 108,957.42 36,797.58 RKE CONFERENCE CEN 2,607,917.26 5,425.32 365,851.62 DEBT SERVICE 7,976,524.42 562,641.82 511,250.00 els 172,264.31 205,916.89 40,405.37 MATERIALS CONTROL 243,582.45 93,371.07 88,169.35 MANAGEMENT SERVICE 211,001.36 30,159.08 28,712.39 UTILITY LINES SERV 1,491,245.71 61,651.32 28,568.15 FLEET MAINTENANCE 1,570,960.88 170,831.02 28,777.25 PAYROLL (385,056.69) 8,344,411.49 10,727,953.39 PENSION 685,680.06 519,937.11 615,964.45 SCHOOL FUND 9,~1,575.61 4,279,231.08 4,383,130.36 FDETC 40,316.39 155,519. g9 126,523.75 GRANT PROGRAMS (9~.0~.67~ 437.565.60 196.844.74 TOTAL $61,555,878.53 $34,072,937.13 $29,621,790.98 6,996,829.38 592,050.13 185,596.86 20,234,531.68 (e88,~5.78) 1,459,471.31 187,613.15 236,978.03 1,279,238.23 1,487,673.70 (12,832,249.30) 5,677,4-16..44 t81,25.70 :366.812.66 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATEMENT OF MY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF FOR THE MONTH ENDED APRIL 30, 199~ THAT SAID FOREGOING: CA~H: CASH IN HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSAl-S: REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) COMMERCIAL PAPER TOT~J- DATE: MAY 11.1995 GORDON E PETE~S', ~'REA~URER 18 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 10 MONTHS ENDING APRIL 30, 1995 Revenue City's Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1995 1994 $ 5,350,946 $ 5,101,384 5,028,477 4,730,252 6,416,783 4,210,446 230.116 1~.032 17.026.322 $ 14.241.114 Exoenses Pension Payments Fees for Professional Services Active Service Death Benefit Bond Premium Amortization Administrative Expense Total Expenses Net Income Year to Date $ 6,110,702 $ 5,920,743 367,921 354,869 12,181 307,358 507,826 145.199 121.999 ~,931.180 6.917.618 $10,095.142 ~ 7~23,496 19 CITY OF ROANOKE PENSION PLAN BALANCE SHEET AS OF APRIL 30, 1995 Assets Cash Investments: (market value - Due from Other Funds Other Assets Total Assets 1995 $175,869,566 1994 $158,697,777) 1995 1994 568,583 $ ( 546,845) 155,245,573 2,377 18.000 $155.834.533 144,155,454 18.000 143,626.609 Liabilities and Fund Balance Due to Other Funds Total Liabilities Fund Balance, July 1 Net Income Year to Date Total Fund Balance Total Liabilities and Fund Balance 621.961 ~ 578,722 621.961 578,722 145,117,430 135,724,391 10.095,142 7,323,496 ~ 14~,047.887 155.834.533 ~ 2O 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 May 25, 1995 File #24-58-184-361 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32494-052295 amending subsection (a) of Section 2~36, Same - liability insurance, Code of the City of Roanoke (1979), as amended, to provide that officers and employees of the City who use private motor vehicles in the conduct of City business shall make written certification that personal motor vehicle coverage at certain levels is being maintained with respect to such motor vehicle in lieu of the current requirement that a certificate of the applicable motor vehicle liability insuranca carder be produced, effective June 1, 1995. Ordinance No. 32494-052295 was adopted at a regular meeting of the Council of the City of Roanoke held on Monday, May 22, 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 Cil? Clerk May 25, 1995 File #24-58-184-361 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. 32494-052295 amending subsection (a) of Section 2-36, Same - liability insurance, Code of the City of Roanoke (1979), as amended, to provide that officers and employees of the City who use private motor vehicles in the conduct of City business shall make written certification that personal motor vehicle coverage at certain levels is being maintained with respect to such motor vehicle in lieu of the current requirement that a certificate of the applicable motor vehicle liability insurance carrier be produced, effective June 1, 1995. Ordinance No. 32494-052295 was adopted at a regular meeting of the Council of the City of Roanoke held on Monday, May 22, 1995. Please include Ordinance No. 32494-052295 in Supplement No. 34 to the Roanoke City Code. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1995. No. 32494-052295. AN ORDINANCE amending subsection (a) of §2-36, Same liability insurance, Code of the City of Roanoke (1979), as amended, to provide that officers and employees of the City who use private motor vehicles in the conduct of City business shall make written certification that personal motor vehicle coverage at certain levels vehicle in lieu the applicable produced; is being maintained with respect to such motor of the current requirement that a certificate of motor vehicle liability insurance carrier be and providing for an emergency and an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Subsection (a) of §2-36, Same - liability insurance, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: S2-36. Same liability insurance. (a) No private motor vehicle shall be used for travel or transportation upon the business or affairs of the City, unless such motor vehicle and its operator are insured against liability for personal injury within limits of not less than fifty thousand dollars ($50,000.00) for injury to one person and not less than one hundred thousand dollars ($100,000.00) for injury to more than one person in a single accident, and against liability for property damage within a limit of not less than twenty-five thousand dollars ($25,000.00). Each officer and employee to whom a periodic lump sum allowance is paid for expense of use of such motor vehicle, and each officer and employee who shall claim the right to be reimbursed for use of a private motor vehicle for the purposes and at the rate established as provided in §2-35, shall be required by the Director of Finance to maintain on file, in the office of the Director of Finance, a written certification that, at all times for which such officer or employee is paid a periodic lump sum allowance for the expense of use of a private motor vehicle in travel or transportation upon the business or affairs of the City, or mileage reimbursement pursuant to S2-35, a policy or policies of motor vehicle liability insurance were in full force providing coverage against liability to the extent required by this section. Upon request of the Director of Finance, any officer or employee of the City who is paid a periodic lump sum allowance for the expense of use of a private motor vehicle in the conduct of City business or mileage reimbursement pursuant to S2-35 shall forthwith produce satisfactory proof that the insurance required by this section was in full force for any periods for which reimbursement was claimed. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect on and after June 1, 1995. ATTEST: City Clerk. CITY OF ROANOKE OFFICE OF CITYATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 703-9e 1-2431 TELECOPlER: 703-224-3071 WlLBURN C. DIBUNG, JR. Cl3Y ATTORNEY May 2 2, 19 9 5 WILLIAM X PARSONS STEVEN J, TALEVI KATHLEEN MARIE KRONAU GLADYS L. YATES ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Insurance requirements for use of employee motor vehicles in City business Dear Mayor Bowers and Council Members: This report recommends an amendment to S2-36, Code of the City of Roanoke (1979), as amended, which requires that employees of the City who use their motor vehicles in the conduct of City business and claim reimbursement for such use produce certificates from their insurance carriers that motor vehicle liability insurance coverage at certain specified levels is in effect for any time period for which reimbursement is claimed. By way of background, S2-36 requires that any employee who claims reimbursement from the City for use of a privately-owned motor vehicle in the conduct of City business shall maintain liability insurance coverage at certain levels with respect to such vehicle. Glenn A. Asher, Risk Management Officer, has advised that the employee's personal motor vehicle liability insurance coverage is always primary, and he has recommended that the requirement of personal motor vehicle liability insurance coverage be retained. The requirement that each employee claiming reimbursement maintain on file with the Director of Finance a current certificate of insurance and that the policy will not be canceled without ten days written notice to the Director of Finance has, however, proven administratively difficult to enforce. Unbeknownst to the Director of Finance, an employee may change automobiles or insurance carriers, and no new certificate may be issued. Also, insurance carriers frequently fail to issue a notice of cancellation to the Director of Finance. Another problem with the current Code provision is that insurance carriers sometimes erroneously believe that the City seeks to be named as an additional insured, and the carriers then seek to impose an additional premium charge on our employees. The Honorable Mayor and Members of City Council May 22, 1995 Page 2 I am of the opinion that the City, which is self-insured as to motor vehicle liability, should maintain its requirement that employees who seek to be reimbursed for use of their private motor vehicles in conduct of City business maintain personal motor vehicle liability coverage. I recognize, however, that the current provisions of §2-36 are difficult to enforce. I am, therefore, recommending amendment of ~2-36 to delete the requirement that employees produce a certificate of insurance from their insurance carrier and replace this provision with the requirement that an employee claiming reimbursement for use of a private motor vehicle in the conduct of City business make written certification that the motor vehicle for the use of which reimbursement is sought was at all applicable times covered by the required insurance. This requirement could be printed on the expense voucher form, and, thus, an employee would make certification as to insurance on each occasion for which reimbursement is sought. Any false representation would subject the employee to appropriate discipline. I recommend to you the adoption of the attached ordinance which deletes the requirement that employees produce insurance certificates from their motor vehicle liability insurance carriers and substitutes a requirement that employees make written certification that the required coverage is in place. The City Manager, Director of Finance and Risk Management Officer concur in this recommendation. I shall be pleased to answer any questions City Council may have in this matter. With kindest personal regards, I am Sincerely yours, ~g, Jr. City Attorney WCD:f Attachment cc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Glenn A. Asher, Risk Management Officer c: \WP51\LHM\L-HMINSU. 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 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy C y Clerk May 25, 1995 File #58-67-122-169-259-373 Nicholas Rush, President The Roanoke Rush 102 Ellett Drive Christiansburg, Virginia 24073 Dear Mr. Rush: I am enclosing copy of Ordinance No. 32448-052295 authorizing the proper City officials to enter into a lease agreement between the City and Rush Entertainment Group, Inc., for use of Victory Stadium by the Roanoke Rush semi-professional football team, and authorizing the reduction of rental fees for the 1995 season only, upon certain terms and conditions. Ordinance No. 32448-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May. 1995. No. 32448-052295. VIRGINIA, AN ORDINANCE authorizing the proper City officials to enter into a lease agreement between the City and Rush Entertainment Group, Inc., for use of Victory Stadium by the Roanoke Rush semi- professional football team, authorizing the reduction of rental fees for the 1995 season only, upon certain terms and conditions. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, an appropriate lease agreement between the City and Rush Entertainment Group, Inc., providing for the lease of Victory Stadium, said lease agreement to provide that the Lessee shall (a) comply with all applicable regulations, (b) provide appropriate general liability insurance in amounts approved by the Risk Management Officer and naming the City, its agents, officers and employees as co-lnsureds, (c) indemnify and hold harmless the City, its agents, officers and employees from all damages to person and to property, and (d) comply with such other terms and conditions as are deemed appropriate and as more particularly set forth in the report to this Council dated May 8, 1995. 2. The ordinary rental fee of eight percent (8%) of gross receipts shall be reduced to four percent (4%) of gross receipts with a $1,700.00 maximum total rental charge per event for the 1995 season only. ATTEST: City Clerk. May 8, 1995 Council Report #95-141 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: SUBJECT: Request of The Roanoke Rush, semi-professional football team, to use Victory Stadium pursuant to the approval of a contract negotiated by the City and the Football Club. I. B&CKGROUND: ae The Roanoke Rush, a semi-professional football team is being organized as one of the new teams in the National Minor League Football (NMLF). Victo~ has been requested for use as its "home field" for six (6) games. Addison Middle School has been requested and approved by the School Board as a practice facility. Tentative dates of these games are as follows: August 5, 1995, August 12, 1995, September 9, 1995, September 30, 1995, October 7, 1995, and October 21, 1995. All dates are Saturdays and are subject to League approval. De The Roanoke Rush has requested that the normal fee of 8% of gross receipts be reduced to 4% of gross receipts for all six (6) games this season. The Roanoke Rush has also requested that a $1.700 per event ceiling be placed on total rental fees charged to the club. Refer to attached letter. The intent of this request is to assist in the successful establishment of semi-professional football in the area. The reduced fees are for the 1995 season only and are not precedent setting for future seasons. II. CURRENT SITUATION: ae Victor~ is available for all of the dates requested by The Roanoke Rush. Be City Council authorization is required to execute a contract between the City and the Football Club which will establish rental rates that are below those established by Resolution No. 28075. Honorable Mayor and Council Members The Roanoke Rush Football Team Request May 8, 1995 Council Report #95-141, Page 2 Ce General Liability Insurance must be provided by the lessee as well as accident and disability insurance on all players, coaches, and officials. A certificate of insurance, acceptable to the Risk Management Officer, shall be deposited with the Risk Management Officer at least thirty (30) days prior to the first game. Rental Fees are mandated by Resolution No. 28075 and are detailed in the Fee Compendium. Concession Fees are 20% of the Concessionaire's (Swanson Corp.) gross receipts. III. ISSUES= A. Availabi%ity B. Compliance C. Insurance D. Rental Fees E. Concession Fees IV. ALTERNATIVES: ADDrove request of The Roanoke Rush to reduce Victory Stadium rental fees and authorize the City Manager to sign a contract drafted by the City Attorney. Availability of Victory Stadium for the days and times has been confirmed. Compliance with City Code would be met by City Council granting the reduction of fees and authorizing the City Manager to execute an agreement. Insurance required for the events will be submitted and approved prior to the start of the season. Rental Fees for Victory Stadium would be reduced, however direct costs, at the least, would still be recovered. Honorable Mayor and Council Members The Roanoke Rush Football Team Request May 8, 1995 Council Report #95-141, Page 3 Ve Concession Fees would substantially increase due to the 20% commission of the Concessionaire's gross receipts from the events. Reject request of The Roanoke Rush to reduce Victory Stadium rental fees and not authorize the City Manager to sign a contract for rates below those published in the Fee Compendium. me Availability of Victory Stadium would exist, however, The Roanoke Rush may choose to establish home games elsewhere. 2. Compliance with the City Code will be maintained. Insurance required for the events will be submitted and approved prior to the start of the season. Rental Fees for Victory Stadium may be substantially reduced if The Roanoke Rush elects to establish themselves elsewhere. Concession Fees would not increase if The Roanoke Rush elects to establish themselves elsewhere. RECOMMENDATION: City Council concur with Alternative ADDrove the request of The Roanoke Rush to reduce the Victory Stadium fees for the 1995 season from 8% of gross receipts to 4% of gross receipts with a $1.700 maximum total rental charge per event. Authorize City Manager to execute a contract with The Roanoke Rush for rental of Victory Stadium at the reduced fees. The contract will be subject to approval as to form by the City Attorney. Honorable Mayor and Members of Council The Roanoke Rush Football Team Request May 8, 1995 Council Report ~95-141, Page 4 Respectfully submitted, City Manager WRH/JJN Attachment cc: Mr. Nick Rush, President, The Roanoke Rush City Attorney Director of Finance Director of Public Works Manager, Management and Budget Manager, Parks & Recreation Chief, Billings and Collections Superintendent of Parks & Grounds Business Coordinator, Parks & Recreation John Ifs bo~n a ploasm~ workin8 with you and tho professional Roanob City PIks and Roero~on. The runny idoas w~'ve sh~r~d haw taned this Project into ar~ality. I wguld lil~ to highlight tho major poi~ of our discussions and i r~quo,t th, following. 1. Tho sonson will start July 29 and nm ~ October 28 with a by~ woo tho w~ok 0flabor day. Playot~ November 4-18th. 2. Rental'foo of Victory Stadium will bo sot at 4°,4 of gross r~coipts, loss admilsion m plus tho standard leos with a $1700 3. Addiso.'n Middle School will be available for tom phc, lice ~ school hours. 4. 'ftm Romok~ Push will bo eowr~d by 8on~ral liability Jnmmm~ of on~ milli~ dollars and all 'Tush*' players will bo cowrod by worke~v 5. 'llm Wall offico at Victo~ Stadian will b~ available tSr"Rush'* nsc Throush o~joint offom we cnn ~ato a v~b~ sports ~onnnumtythat : Promotos a Malthy economy and eo.'u ibutes to a higher quality of !~, Wo at **tho Rush' · look forwwd to a ion8 rolntion~hip with Virginia's Star City. 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 May 25, 1995 File #24-79-353 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. 32469-052295 amending and reordaining Section 32-86, Financial eli{3ibilitv. Code of the City of Roanoke (1979), as amended, by adding a new subsection (d) increasing from $24,000.00 to $26,000.00, the total combined annual income threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1996; and amending current subsection (d) of Section 32-86, ~, to radesignate such subsection as subsection (e). Ordinance No. 32469-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995. Please include Ordinance No. 32469-052295 in Supplement No. 34 to the Roanoke City Code. 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 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 25, 1995 File #24-79-353 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Levon: I am enclosing copy of Ordinance No. 32469-052295 amending and reordaining Section 32-86, ~, Code of the City of Roanoke (1979), as amended, by adding a new subsection (d) increasing from $24,000.00 to $26,000.00, the total combined annual income threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1996; and amending current subsection (d) of Section 32-86, ~, to redesignate such subsection as subsection (e). Ordinance No. 32469-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The '22nd day of May, 1995. No. 32469-052295. VIRGINIA, AN ORDINANCE amending and reordaining $32-86, Financial eligibility, Code of the City of Roanoke (1979), as amended, by adding a new subsection (d) increasing from $24,000 to $26,000 the total combined annual income threshold for qualification for real estate tax exemption for elderly and disabled persons for the tax year commencing July 1, 1996; and amending current subsection (d) of $32-86, Financial eligibility, to redesignate such subsection as subsection (e). BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-86, Financial eligibility, Code of the City of Roanoke (1979), as amended, is amended and reordained as follows: $32-86. Financial eligibility. (d) For the tax year commencing July 1, 1996, and for subsequent tax years, the total combined income as defined in subsection (a) above of any owner claiming an exemption under this division as of the thirty-first day of December of the immediately preceding calendar year shall not exceed twenty-six thousand dollars ($26,000.00), and the net combined financial worth as defined in subsection (a) above as of the thirty-first day of December of the immediately preceding calendar year shall not exceed seventy-five thousand dollars ($75,000.00). (e) A change in ownership to a spouse less than sixty- five (65) years of age or not permanently and totally disabled, which results solely from the death of his or her qualified spouse, shall result in a pro rata exemption for the then current taxable year. Such prorated portion shall be determined by multiplying the amount of the exemption by a fraction wherein the number of complete months of the tax year such property was properly eligible for such exemption is the numerator and the number twelve (12) is the denominator. ATTEST: 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 2401 !-1536 Telephone: (703) 981-2541 SANDRA H. EAK1N Deput? Cily Clerk May 25, 1995 File #24-79-169-188 Hugh R. Stallard President and CEO Bell Atlantic - Virginia 600 East Main Street Richmond, Virginia 23219 Dear Mr. Stallard: I am enclosing copy of Ordinance No. 32471-052295 amending and reordaining Section 32-275, ~, and Section 32-276, ~,JJtyJ~i~, of the Code of the City of Roanoke (1979), as amended, to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-1 Emergency Telephone System, effective September 1, 1995. Ordinance No. 32471-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc; Donald C. Reid, Area Manager - RoanokelNRV, Bell Atlantic, 5415 Airport Road, N. W., Roanoke, Virginia 24012 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 May 25, 1995 File #24-79-169-188 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32471-052295 amending and reordaining Section 32-275, ~, and Section 32-276, .~33J~d~[;~33gj~, of the Code of the City of Roanoke (1979), as amended, to conform the ~lefinitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-1 Emergency Telephone System, effective September 1, 1995. Ordinance No. 32471-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 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 Ci y Clerk May 25, 1995 File #24-79-169-188 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. 32471-052295 amending and reordaining Section 32-275, Definitions. and Section 32-276, T I vi d' a , of the Code of the City of Roanoke (1979), as amended, to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-1 Emergency Telephone System, effective September 1, 1995. Ordinance No. 32471-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995. Please include Ordinance No. 32471-052295 in Supplement No. 34 to the Roanoke City Code. SHE:sm Sincerely, Sandra H. Eakin Deputy City Clerk 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 May 25, 1995 File #24-79-169-188 Edward R. Parker Registered Agent Bell Atlantic - Virginia 5511 Staples Mill Road Richmond, Virginia 23228 Dear Mr. Parker: I am enclosing copy of Ordinance No. 32471-052295 amending and reordaining Section 32-275, ~, and Section 32-276, I~xJ~i;_alllg~, of the Code of the City of Roanoke (1979), as amended, to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-1 Emergency Telephone System, effective September 1, 1995. Ordinance No. 32471-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Donald C. Reid, Area Manager - Roanoke/NRV, Bell Atlantic, 5415 Airport Road, N. W., Roanoke, Virginia 24012 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day o£ May, 1995. No. 32671-052295. AN ORDINANCE amending and reordaining §§32-275, ~, and {}32-276, Tax levied: amount, of the Code of the City of Roanoke (1979), as amended, to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offse~ costs attributable to the enhanced 9-1-1 Emergency Telephone System; and providing for an effective date. WHEREAS, pursuant to §58.1-3813, Code of Virginia, (1950), as amended, City Council has established an enhanced 9-1-1 Emergency Telephone System ("E-911 ") and has imposed a special tax on the consumers of telephone service; and WHEREAS, the current tax is insufficient to offset recurring maintenance, repair, and system upgrade costs, and salaries or portions of salaries of dispatchers paid by the City which are directly attributable to the E-911 system only. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following section: {}32-275. Purchaser. The word "purchaser" shall mean a person who, individually or through agents, employees, officers, representatives, or permittees, makes a taxable purchase of local telephone services. Seller. The word "seller" shall mean every person engaged in the business of selling local telephone services to purchasers. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following section: §32-276. ~. There is hereby imposed and levied by the City upon every purchaser of local telephone service a tax in the amount &ninety-nine cents ($0.99) per month per telephone line. This tax shall be paid by the purchaser to the seller of local telephone service for the use of the City to offset recurring maintenance, repair, and system upgrade costs, and salaries or portions of salaries of dispatchers paid by the City which are directly attributable to the E-911 system only. 3. This ordinance shall be in full force and effect on and after September 1, 1995, and the tax imposed and levied by this ordinance shall be applied to bills for local telephone service dated on and after September 1, 1995. 4. The City Clerk is directed to forward an attested copy of this ordinance by certified mail, return receipt requested, to H. R. Stallard, Bell Atlantic-Virginia, 600 East Main Street, 24th Floor, Richmond, Virginia 23219, and to Edward R. Parker, Registered Agent, Bell Atlantic-Virginia, 5511 Staples Mill Road, Richmond, Virginia 23228, so that such attested copy will be received by the such parties at least sixty (60) days prior to September 1, 1995. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AN ORDINANCE amending and reordaining {}{}32-275, Definitions. and {}32-276, Tax levie~l; amount, of the Code of the City of Roanoke (1979), as amended, to conform the definitions of certain terms to the Code of Virginia and to provide for an increase in the special tax imposed on the consumers of telephone service to offset costs attributable to the enhanced 9-1-1 Emergency Telephone System; and providing for an effective date. WHEREAS, pursuant to {}58.1-3813, Code of Virginia, (1950), as amended, City Council has established an enhanced 9-1-1 Emergency Telephone System ("E-911 ") and has imposed a special tax on the consumers of telephone service; and WHEREAS, the current tax is insufficient to offset recurring maintenance, repair, and system upgrade costs, and salaries or portions of salaries of dispatchers paid by the City which are directly attributable to the E-911 system only. THEREFORE BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending the following section: {}32-275. ~. Purchaser. The word "purchaser" shall mean a person who, individually or through agents, employees, officers, representatives, or permittees, makes a taxable purchase of local telecommunication services. Seller. The word "seller" shall mean every person engaged in the business of selling local telecommunication services to purchasers. 2. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordalned by amending the following section: {}32-276. ~. There is hereby imposed and levied by the City upon every purchaser of local telephone service a tax in the amount of ninety-nine cents ($0.99) per month per telephone line. This tax shall be paid by the purchaser to the seller of local telephone service for the use of the City to offset recurring maintenance, repair, and system upgrade costs, and salaries or portions of salaries of dispatchers paid by the City which are directly attributable to the E-911 system only. 3. This ordinance shall be in full force and effect on and after September 1, 1995, and the tax imposed and levied by this ordinance shall be applied to bills for local telephone service dated on and after September 1, 1995. 4. The City Clerk is directed to forward an attested copy of this ordinance by certified mail, return receipt requested, to H. R. Stallard, Registered Agent for Bell Atlantic-Virginia, 600 East Main Street, 24th Floor, Richmond, Virginia 23219, so that such attested copy will be received by the Registered Agent at least sixty (60) days prior to September 1, 1995. ATTEST: City Clerk. . @ Bell/ tlantic Bell Atlantic 5415 Airport Road Roanoke, Virginia 24012 703 982-4073 FAX 703 982-5091 Donald C. Reid Area Manager January 4, 1994 City Manager - Roanoke City 215 Church Avenue Roanoke, Virginia 24011 Dear Bob, This is a reminder and request relative to the procedures for 9-1-1 surcharge ordinances. All new or changes relating to the surcharge are to be sent to the agent of Bell Atlantic - Virginia. Our agent is: Mr. Hugh Stallard President and CEO BA 600 East Main Street Richmond, Virginia 23219 Virginia The ordinance should carry your official seal and be sent by certified mail. The need for certified mail is for your benefit as by State Law in the Code of Virginia, we have 60 days from receipt of ordiance to enact the request. Please send a copy to me (certified mail not needed): Donald C. Reid Area Manager Roanoke/NRV 5415 Airport Road Roanoke, Virginia 24012 I trust this will eliminate any confusion that may exist. Thank you in advance for your assistance If you have any questions, please call. Sincerely, Bell Atlantic Bell Atlantic 5415 Airport Road Roanoke, Virginia 24012 703 982-4073 FAX 703 982-5091 Donald C. Reid Area Manager May 3, 1995 Robert ]. Agnor Manager - Communications City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Dear Bob, Read in the paper that an increase in the 9-1-1 Surcharge is proposed for the 1996 Budget. When approved by City Council, please use the attached guidelines to notify Bell Atlantic. Note the 60 day requirement. If you have any questions or ! can be of servi~lease call. 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 May 25, 1995 File #51 Robert McNichols, Agent P.W.C., L.L.C. P. O. Box 19419 Roanoke, Virginia 24019 Dear Mr. McNichols: I am enclosing copy of Ordinance No. 32473-052295 rezoning a trect of land located at 1017 Curtis Avenue, N. W., described as Lot 12, Block 5, Airlee Court, Official Tax No. 2190712, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Ordinance No. 32473-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995, and will take effect ten days following the date of its second reading. Sincerely, Sandra H Eakin Deputy City Clerk SHE:sm Enc. Robert McNichols May 25, 1995 Page 2 pc: Ms. Margaret B. Woods, 1011 Curtis Avenue, N. W., Roanoke, Virginia 24012 Messrs. Carl C., Sr., and Carl C. Miller, Jr., 933 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Robert J. Baldwin, 1016 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Samuel W. Penley, Route 1, Box 195, Fincastle, Virginia 24090 Mr. Michael L. Golden, 5005 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Russell T. Naif, Route 2, Box 116-A, Boones Mill, Virginia 24065 Ms. Clam A. Clingenpeel, 5023 Williamson Road, N .W., Roanoke, Virginia 24012 Carolyn Hayes-Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W., Roanoke, Virginia 24017 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1995. No. 32473-052295. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 219, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, PWC, LLC, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, proper notice to all concerned as required by the City of Roanoke (1979), as public hearing Council; and WHEREAS, a on the matter, public hearing was which after giving ~36.1-693, Code of amended, and after conducting a has made its recommendation to held by City Council on said application at its meeting on May 8, 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 219 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land located at 1017 Curtis Avenue, N.W., being Lot 12, Bock 5, Map of Airlee Court, and designated on Sheet No. 219 of the Sectional 1976 Zone Map City of Roanoke as Official Tax No. 2190712, be, and is hereby rezoned from RS-3, Residential Single Family District, to C-2, General Commercial District, subject to the proffers contained in the Amended Petition, filed in the Office of the City Clerk on March 28, 1995, and that Sheet No. 219 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roan~i~ Ci,ty P a~'~ ng,~,o,mmission May 8, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Request from Robert McNichols, petitioner and agent for PWC, LLC, that a portion of property located at 1017 Curtis Avenue, N.W., Official Tax Number 2190712, be rezoned from Residential Single-Family District (RS-3), to General Commercial District (C-2), such rezoning to be subject to certain conditions proffered by the petitioner. I. C trent Situ tion: Purpose of rezoning request is bring into compliance with the city's zoning ordinance the existing use of a portion of the property located at 1017 Curtis Avenue, NW, which serves as a parking lot at the rear of commercially zoned business property located at 5015 Williamson Road, NW, which has no on-street parking. The balance of the property at 1017 Curtis Avenue is residential property and is adjacent to the parking lot. Petition to rezone was filed on March 15, 1995, and an amended petition was submitted on March 28, 1995. The following conditions were proffered by the petitioner: Us___~e limitations. "That the rezoned property is to be used only as an entranceway and parking lot for the businesses located on the 5015 Williamson Road property." Conformity with site plan. "That the property will be resubdivided in substantial conformity with the site plan prepared by Lumsden Associates, P.C., dated 12 February 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B. Only such land as is transferred to the 5015 Williamson Road lot from the 1017 Curtis Avenue lot is to be rezoned." Landscaping and screening. "That the existing line of evergreens immediately to the west of the existing structure on 1017 Curtis Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 Avenue and separating the property will be maintained at a height of no less than six (6) feet. A row of ozmanthus will be planted and maintained along the south side of the rezoned property." Recording o__f subdivision plat. "Ifthe subdivision plat for 1017 Curtis Avenue, NW, having tax map number 2190712, is not approved by the City of Roanoke and recorded with the Clerk of the City within a period of twelve (12) months from the date of the ordinance providing such rezoning, then said ordinance shall become null and void with no further action by City Council being necessaly." Buffer between residence ond parking 10t commercial USe. "In the event that the existing evergreen buffer separating the residence and the parking lot at 1017 Curtis Avenue, NW, is eliminated, it will be replaced by a wood stockade fence ora type to be approved by the Zoning Administrator." Petitioner has been advised by staff.to seek variances from the Board of Zoning Appeals to address the following situations: The rezoned residential property at 1017 Curtis Avenue would have a lot size smaller than the 5,000 square foot minimum required in an RS-3 district; and Existing space between the parking lot and the residential structure would not allow for the required minimum 10-foot buffer. Plannin~ Commission public hearing was held April 5, 1995. Mr. Wade McNichols appeared before the Commission on behalf of the petitioner, his father, and briefed the Commission. He said that rezoning of a portion of the property would bring the use of that portion, which is currently a parking lot, into compliance with the zoning ordinance. He said the use was proffered to be only a parking lot and that it would serve as off- street parking for the business at 5015 Williamson Road, also owned by the petitioner. He noted that the other portion of the property at 1017 Curtis, which contains a residence, would be sold. Ms. Tamasin Roop, City Planner, presented the staff report. She said that the residence would remain in the current zoning district and advised that two variances would be necessary. She stated that surrounding land uses were a mixture of residential and commercial and no neighborhood comment had Members of Council Page 3 been received. Ms. Roop said that rezoning would bring that portion of the property into conformity with existing use and that staffrecommended approval. There were no additional questions or discussion on the part of the Commission and no one from the audience appeared before the Commission to speak on behalf of,, or in opposition to, the request. III. Issues: ~ of the subject property is Residentiai Single- Family, RS-3. Subject property contains both a single-family residence with yard and a parking lot which serves commercial property at 5015 Williamson Road, NW. The surrounding zoning pattern is as follows: to the north and west are Office District, C-l, and General Commercial District, C-2; to the south are Residential Single-family, RS-3, as well as C-1 and C-2 districts; and to the east is RS-3. Land use surrounding the subject property is as follows: to the north and west are various commercial uses along Williamson Road, to the east are residential single-family uses and to the south are residential uses as well as commercial uses adjacent to Hershberger Road. There are no significant topographical features. Petitioner has proffered that use of the portion of the property which would be rezoned would be limited to an entranceway and parking lot for businesses at 5015 Williamson Road. Access to the property is currently by way of Curtis Avenue and Williamson Road. Rezoning the property would not alter access or traffic. City Traffic Engineer stated that the site has good access management and that no adverse traffic impacts are anticipated since the purpose of the rezoning is to bring property into conformity with existing use. ~ buffer screen. Existing space combined with current use do not permit the required 10-foot buffer, a situation for which a variance will be sought if the rezoning is approved. This and other landscaping issues have been addressed by petitioner as follows: He proffered that the existing evergreen buffer between the parking lot and the residence would be maintained at a height of at least six (6) feet and that a row ofozmanthus shrubs would be planted and Members of Council Page 4 maintained along the parking lot property adjacent to Curtis Avenue; and He offered the condition that if the existing evergreen buffer cited above should be eliminated, it would be replaced by a wood stockade fence. Neiehborhood or~,anizatlon is the Williamson Road Action Forum; business community is served by the Williamson Road Area Business Association. Both organizations were notified of petition to rezone by letter, mailed March 24, 1995. Adjoining property owners were notified of petition to rezone in letters mailed March 27, 1995. F. Comprehensive Plan recommends that: Neighborhood character and environmental quality be protected. IV. Alternatives: Commercial development is carefully evaluated to ensure minimal conflict with residential areas and to promote good land use. A. Aporov~ the rezoning request. Zoning for a portion of the subject property would become General Commercial District, C-2, subject to certain conditions, and the zoning of that portion would then conform to the existing use. A portion of property would remain RS-3. Land use of the rezoned portion would remain the same and would be for a parking lot. No additional impacts on adjoining areas are anticipated. Access to and from the site would be by way of the existing entrance/exit on Curtis Avenue. Existing landscaped buffer ~creen along with proffered conditions as cited above, would serve to separate residential use from commercialuse. Varianceto requirement for 10-foot buffer would be sought from City's Board of Zoning Appeals. Neighborhood ~ No comments were received about this petition from residents or members of the business community. Members of Council Page 5 Comprehensive Plan issues as set forth would be followed. B. Deny the rezoning request. Zoning of the parking lot portion of subject property would remain Residential Single- family, RS-3, and would not be brought into conformity with existing use. Land use would remain the same. Access to the site remain the same. landscaped buffer screen would not be an issue. Neighborhood would remain unchanged. Comprehensive ~lan issues as set forth could be followed at a later date. V. Recommendation: The Planning Commission, by a vote of 5 to 0 (Mr. Bradshaw and Mrs. Coles absent) recommended approval of the requested rezoning, finding that approval would bring that portion of the subject property for which rezoning is sought into conformity with its existing use and that conditions proffered by the petitioner would address visual and other impacts on the adjoining residential property and neighborhood and allow a compatible commercial use. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission TR:MPF attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Zoning Administrator Petitioner's Agent 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 March 28, 1995 File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Robert McNichols, Agent, representing P.W.C., EEC., requesting that a portion of a tract of land located at 1017 Curtis Avenue, N. W., described as Lot 12, Block 5, Airlee Court, Official Tax No. 2190712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/pwc Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Robert McNichols, Agent, P.W.C., L.LC., P. O. Box 19419, Roanoke, Virginia 24019 Carolyn Hayes-Coles, Chairperson March 28, 1995 Page 2 John R. Marlles, Agent, City Planning Commission "'~lartha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistcmt City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA AMENDED PETITION Rezoning ora tract of land lying on lot 12, block 5 of Airlee Court, 1017 Curtis Avenue, NW, tax map number 2190712, fi.om RS3 to C2, such rezoning to be subject to certain conditions. TO THE H'ONORABLE MAYOR AND MEMBERS OF TIlE COUNCIL OF TItE CITY OF ROANOKE: The Petitioner, P.W.C., L.L.C., owns land in the City of Roanoke containing 1/4 acres, more or less, located at 5015 Williamsen Road, NW, tax map number 2190702 and 1017 Curtis Avenue, NW, tax map number 2190712. These tracts are currently zoned C2 and RS3, respectively. 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 a portion of said property be rezoned fi.om RS3 district to C2 district subject to certain conditions set forth below, for the purpose ofbrinsing the existing use of the property into compliance with the City's Zoning Ordinance. 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 allow safe access to parking at the rear of 5015 Williamson Road. The Petitioner hereby proffers and agrees that ffthe said tract is rezoned as requested that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. Use Limitations That the rezoned property is to be used only as an entranceway and parking lot for the businesses located on the 5015 Williamsen Road property. 2. Site Plans That the property will be resubdivided in substantial conformity with the site plan prepared by Lumsden Associates, P.C., dated 27 February 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B. Only such land as is transferred to the 5015 Williamson Road lot from the 1017 Curtis Avenue lot is to be rezoned. 3. Landscaning and Screenin_u: That the existing line of evergreens immediately to the west of the existing structure on 1017 Curtis Avenue and separating the property to be rezoned C2 from the RS3 properly will be maintained at a height of no less than six (6) feun. A row of ozmanthus will be planted and maintained along the south side of the rezoned property. 4. Recording of Subdivision Plat: If the subdivision plat for 1017 Curtis Avenue, NW, having tax map number 2190712, is not approved by the City of Roanoke and recorded with the Clerk of the City within a period of twelve (12) months from the date of the ordinance providing such rezoning, then said ordinance shall become null and void with no further action by City Council being necessary. 5. Buffer between Residence and Parlcin? Lot Commercial Use: In the event that the existing evergreen buffer separating the residence and the parking lot at 1017 Curtis Avenue, NW is eliminated, it will be replaced by a wood stockade fence ora type to be approved by the Zoning Administrator. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or mad 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 tbJs~.Tqi day of /~~ 1995. By:. Respectfully submitted, Robert McNichols P.W.C., L.L.C. Agent PO Box 19419 Roanoke, Virginia, 24019 go N~. S1037-061592 RM- to C-2 ~&~O'~ % C~ Z-STY. BRICK & FRAME ~ 5015 LOT 5 ZONED C-2 TAX ~2190703 PROPERTY OF SAM PENLEY D.B. 997, PG. 113 LOT 1 ZONED C-Z TAX ~2190701 PROPERTY OF MICHAEL GOLDEN LOT 7,943 SQ. ASPHALT PARKIN. NE~ LOT 12A 4,241 SQ. FT. WHITE PENES 1 1/2 STY. FRAME ~ 1017 LOT 11 TAX ~2190711 PROPERTY OF MARGARET B. WOODS PC. 122 & Z 50.00' S S9'4-1°00' W 95.00' PROPOSED - ? OSMAN'i3-1US SHRUBS · 5' ON CENTER CURTIS AVENUE, N.W. PLAN SHOWlNG THE PROPOSED RESUBDIV1SION OF' LOTS 2 & 12, BLOCK 5 AIRLEE COURT (P.B. 2, PG. 66) ROANOKE, V1RGINIA NOTES: 1. THE PURPOSE,'OF THIS DRAYING IS TO SHOW TO PROPOS'E~ RESUBDI~SION OF,, LOTS 2 & 12, ~LOC~ 5, AIRIFF' COURT(P.B. 2, PG. 66) AND DOES NOT CONS'rlTUTE A BOUNOARY SURVEY. 2. 'R-IlS ORAWING IS BASED ON ACTUAL FIEI..D LOCATIONS AND FROM EXISTING RECORDS. 5. THIS DRAWING WAS PREPARED WITHOUT 'IHE BENEFIT OF A CURRENT TITLE REPORT AND THERE MAY EXIST ENCUMBRANCES NOT SHOWN HEREON. SCALE 1',=30' DATE: 27 FEBRUARY 1995 LUMSDEN ASSOCIATES, P.C. EN(~N EELS- SURVEYORS-PLANN ERS ROANOKE, VIR~INIA C0MM.#82-182 Exhibit C Address of Subject Property: 1017 Curtis Avenue, Roanoke, VA 24012 Applicant's Name: Robert McNichols ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind, or across the street from the subject property noted above: Official Tax Number Owner's Name and Mailing Address 2190711 Margaret B. Woods 1011 Curtis Ave., NW Roanoke, VA 24012 2190908 Carl C. Miller, Jr. Carl C. Miller, Sr. 933 Hershberger Rd. N'W Roanoke, VA 24012 2190909 Robert J. Baldwin Lucille Baldwin 1016 Curtis Ave., NW Roanoke, VA 24012 2190702 P.W.C, L.L.C. P.O. Box 19419 Roanoke, VA 24019 2190703 Samuel W. Penley Route 1, Box 195 Fincastle, VA 24090 2190701 Michael L. Golden 5005 W'tlliamson Rd., NW Roanoke, VA 24012 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 April 24, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk Robert McNichols, Agent P.W.C., L.L.C. P. O. Box 19419 Roanoke, Virginia 24019 Dear Mr. McNichols: 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, May 8, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of P.W.C., L.L.C., that a tract of land located at 1017 Curtis Avenue, N. W., described as Lot 12, Block 5, Airlee Court, Official Tax No. 2190712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, 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. 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 May 8 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Parker, CMC/AAE Mary F. City Clerk MFP:sm Enc, Robert McNichols April 24, 1995 Page 2 pc: Ms. Margaret B. Woods, 1011 Curtis Avenue, N. W., Roanoke, Virginia 24012 Messrs. Carl C., Sr., and Carl C. Miller, Jr., 933 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Robert J. Baldwin, 1016 Curtis Avenue, N. W., Roanoke, Virginia 24012 Mr. Samuel W. Penley, Route 1, Box 195, Fincastle, Virginia 24090 Mr. Michael L. Golden, 5005 Williamson Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Russell T. Naif, Route 2, Box 116-A, Boones Mill, Virginia 24065 Ms. Clars A. Clingenpeel, 5023 Williamson Road, N .W., Roanoke, Virginia 24012 ~D NUMBER - 42190123 PUBLISHER'S FEE - ROBERT MCNICHOLSAGENT 3333 PETERS CREEK RD. PO BOX 19419 ROANOKE VA 24019 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED} AN AUTHORIZED REPRESENTATIVE OF TfIE TIMES-WORLD COR- PORATION9 WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE9 IN THE STATE OF VIEGINIA~ DO CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS (iN THP FOLLOWING DATES 04/21/95 MORNING 0~/28/95 MORNING WITNESS, THIS SO/I~H,4~AY OF APRIL 1995 ~UTHORIZED 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, May 8, 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 RS-3, Residential Single-Family District, to C-2, General Commercial District, the following property: A tract of land located at 1017 Curtis Avenue, N.W., being Lot 12, Block 5, Map of Airlee Court, and bearing Official Tax No. 2190712, 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 19th day of A~ri] , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News. once on Friday, April 21, 1995, and once on Friday, April 28, 1995. Send publisher's affidavit: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Robert McNichols, Agent P.W.C., L.L.C. P. O. Box 19419 Roanoke, Virginia 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 24011-I 536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 28, 1995 File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Robert McNichols, Agent, representing P.W.C., L.L.C., requesting that a portion of a tract of land located at 1017 Curtis Avenue, N. W., described as Lot 12, Block 5, Airlee Court, Official Tax No. 2190712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/pwc Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Robert McNichols, Agent, P.W.C., LL.C., P. O. Box 19419, Roanoke, Virginia 24019 Carolyn Hayes-Coles, Chairperson March 28, 1995 Page 2 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA AMENDED PETITION Rezoning of a tract of land lying on lot 12, block 5 of Airlee Court, 1017 Curtis Avenue, NW, tax map number 2190712, from RS3 to C2, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, P.W.C., L.L.C., owns land in the City of Roanoke containing 1/4 acres, more or less, located at 5015 Williarnson Road, NW, tax map number 2190702 and 1017 Curtis Avenue, NW, tax map number 2190712. These tracts are currently zoned C2 and RS3, respectively. 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 a portion of said property be rezoned from RS3 district to C2 district subject to certain conditions set forth below, for the purpose of bringing the existing use of the property into compliance with the City's Zoning Ordinance. 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 allow safe access to parking at the rear of 5015 Williamson Road. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. Use Limitations That the rezoned property is to be used only as an entranceway and parking lot for the businesses located on the 5015 Williamson Road property. 2. Site Plans That the property will be resubdivided in substantial conformity with the site plan prepared by Lumsden Associates, P.C., dated 27 February 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B. Only such land as is transferred to the 5015 Williamson Road lot from the 1017 Curtis Avenue lot is to be rezoned. 3. Landscaping and Screening: That the existing line of evergreens immediately to the west of the existing structure on 1017 Curtis Avenue and separating the property to be rezoned C2 from the RS3 property will be maintained at a height of no less than six (6) feet. A row of ozmanthus will be planted and maintained along the south side of the rezoned property. 4. Recording of Subdivision Plat: If the subdivision plat for 1017 Curtis Avenue, NW, having tax map number 2190712, is not approved by the City of Roanoke and recorded with the Clerk of the City within a period of twelve (12) months from the date of the ordinance providing such rezoning, then said ordinance shall become null and void with no further action by City Council being necessary. 5. Buffer between Residence and Parking Lot Commercial Use: In the event that the existing evergreen buffer separating the residence and the parking lot at 1017 Curtis Avenue, NW is eliminated, it will be replaced by a wood stockade fence of a type to be approved by the Zoning Administrator. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WIq[EREFORE, 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~[Tq~ day of /~~ , 1995. By: Respectfully submitted, Robert McNichols P.W.C., L.L.C Agent PO Box 19419 Roanoke, Virginia, 24019 ¢~u~' ~1 N~. 31037-061592 RM' C-2 t '0~ J,' ~? 3-190~3114'' 2-STY. BRICK & FRAME ~ 5015 LOT 3 ZONED C-2 TAX t¢2190703 PROPERTY OF' SAM PENLEY D.B. 997, PG. 113 LOT 1 ZONED C-2 TAX t~2190701 PROPERTY OF MICHAEL GOLDEN D.B. 1721, PG. 1 NE~ LOT 2A 7,945 SQ. FT~ ASPHALT OIV1SION UNE NE~ LOT 1MA 4,241 SQ, FT. WHITE PINES 1/2 ST~. FRAME # 1017 m LOT 11 ZONED RS-3 TAX ~2190711 PROPERTY OF · MARGARET B. WOODS PG, 122 & W.B. 29, PG. 1635 50.00' PROPOSED - 70S~ANTHUS SHRUBS O 5' ON CENTER CURTIS AVENUE, N.W. PLAN SHOWING THE PROPOSED RESUBDIVISlON OF LOTS 2 & 12, BLOCK 5 AIRLEE COURT (P.B. 2, PG. 66) ROANOKE, VIRGINIA NOTES: 1. TI-IR PURPOSE ,'OF 'n-IlS DRAWING IS TO SHOW TO PROPOSED RESUBD[~/1SION OF, LOTS 2. & 1'2, 'BLOCK 5, AIRLEE COURT(P.B. 2, PG. 66) AND DOES NOT CONSllTUTE A BOUNDARY SURVEY. 2. THIS ORAWING IS BASED ON ACTUAL FIELD LOCATIONS AND PROM EXISTING RECORDS. 5. THIS DRAWING WAS PREPARED WITHOUT THE BENEFIT OF A CURRENT TITLE REPORT AND TIdERE MAY EXIST ENCUMBRANCES NOT SHOWN HEREON. SCALE I"=30' DATE: 27 FEBRUARY 1995 LUMSDEN ASSOCIATES, P.C. ENGINEERS-SURVEYORS-PLANNERS RO&NOKF~ VIRGINIA COMMd{'~82-182 : Exhibit C Address of Subject Property: 1017 Curtis Avenue, Roanoke, VA 24012 Applicant's Name: Robert McNichols ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind, or across the street from the subject property noted above: Official Tax Number Owner's Name and Mailing Address 2190711 Margaret B. Woods 1011 Curtis Ave., NW Roanoke, VA 24012 2190908 Carl C. Miller, Jr. Carl C. Miller, Sr. 933 Hershberger Rd. NW Roanoke, VA 24012 2190909 Robert J. Baldwin Lucille Baldwin 1016 Curtis Ave., NW Roanoke, VA 24012 2190702 P.W.C, L.L.C. P.O. Box 19419 Roanoke, VA24019 2190703 Samuel W. Penley Route 1, Box 195 Fincastle, VA 24090 2190701 Michael L. Golden 5005 Williamson Rd., NW Roanoke, VA 24012 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Robert McNichols at 1017 Curtis Avenue, N.W., ) RS-3 to C-2, 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 mall on the 27th day of March, 1995, notices of a public hearing to be held on the 5th day of April, 1995, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Aeent or Occupant Address 2190711 Margaret B. Woods 1011 Curtis Avenue, NW Roanoke, VA 24012 2190908 Carl C. Miller, Jr. Carl C. Miller, Sr. 933 Hershberger Road, NW Roanoke, VA 24012 2190909 Robert J. Baldwin Lucille Baldwin 1016 Curtis Avenue, NW Roanoke, VA 24012 2190702 Applicant 2190703 Samuel W. Penley Route 1, Box 195 Fincastle, VA 24090 2190701 Michael L. Golden 5005 Williamson Road, NW Roanoke, VA 24012 2190907 Russell T. Naff Ollie R. Naif Route 2, Box 116A Boones Mill, VA 24065 2190704 Clara A. Clingenpeel 5023 Williamson Road Roanoke, VA 24012 Martha Pace Franklin SUBSCRIBED AND SWORN to before ~ne, a Notary Public, in the City of Roanoke, Virginia, this 27th day of March, 1995~..,,/1 ~d~ ~/A//~---f'/~ L/Notar~ ~ublic ~ ~ / 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 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk March 21, 1995 File #51 Carolyn Hayes-Coles, Chca'person City Plcmning Commission 1501 Cove Fioad, N. W. Rocmoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Rognoke (1979), as ~unended, I ~un enclosing copy of a petition from Robert McNichols, Agent, representing P.W.C., L. LC., requesting that a tract of land located at 1017 Curtis Avenue, N. W., described as Lot 12, Block 5, Afl'lee Court, Official Tax No. 2190712, be rezoned from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Mary F. Parker, CMC/AAE City Clerk MFP:sm r/pwc pc: The Honorcrble Mcr/or and Members of the Roanoke City Council Robert McNichols, Agent, P.W.C., L.L.C., P. O. Box 19419, Roanoke, Virginia 24019 Carolyn Hayes-Coles, Chairperson Mccch 21, 1995 Page 2 pc; John R. Mar]les, Agent, City Planning Commission Mcrrtha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ron~d H. Miller, Building Commissioner Steven J. Tale,ri, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA Rezoning of a tract of land lying on lot 12, block 5 of Airlee Court, 1017 Curtis Avenue, NW, tax map number 2190712, from RS3 to C2, such rezoning to be subject to certain conditions. TO TItE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF Tlt[E CITY OF ROANOKE: The Petitioner, P.W.C, L.L.C., owns land in the City of Roanoke containing 1/4 acres, more or less, located at 5015 Williamson Road, NW, tax map number 2190702 and 1017 Curtis Avenue, NW, tax map number 2190712. These tracts are currently zoned C2 and RS3, respectively. 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 RS3 district to C2 district subject to certain conditions set forth below, for the purpose of bringing the existing use of the property into compliance with the City's Zoning Ordinance. 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 allow safe access to parking at the rear of 5015 Williamson Road. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. Use Limitations That the rezoned property is to be used only as an entranceway and parking lot for the businesses located on the 5015 Williamson Road property. 2. Site Plans That the property will be resubdivided in substantial conformity with the site plan prepared by Lumsden Associates, P.C., dated 12 February 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B. Only such land as is transferred to the 5015 Williamson Road lot from the 1017 Curtis Avenue lot is to be rezoned. 3. Landscaping and Screening: That the existing line of evergreens immediately to the west of the existing structure on 1017 Curtis Avenue and separating the property to be rezoned C2 from the RS3 property will be maintained at a height of no less than six (6) feet. A row of ozmanthus will be planted and maintained along the south side of the rezoned property. Attached as Exhibit C are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to or immediately across a street or road from the property to be rezoned. WBEREFORE, 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 ~ Respectfully submitted; By: C Robert McNichols P.W.C, L.L.C. Agent · 1995. PO Box 19419 Roanoke, Virginia, 24019 2~9050~ Ol ~0 I / o. I ~ 85.75 ZO 1'7 N". ~0~7-06t59~ RM-I to C-2 Da'ted /- 2. z 2B~TY. 8~ICK & FRAME ~ 5015 LOT 3 ZONED C-2 TAX ~2190703 PROPERTY OF SAM PENLEY D.B. 997. PG. 11.3 NE~ LOT 2A 7,943 SQ. Fr. ASPHALT PARKING NE~ LOT lZA 4,~41 SQ. FT. PINES LOT 1 ZONEO C-2 TAX J2190701 PROPERTY OF ~{CHAEL OOLOEN D.B. 1721. PG. 1 1/2 sTY. lO17 S 59'41'00~ w PROPOSED - 70S~4AN~IUS SHRUBS 0 5' ON CENTER 50.00' 95.00' CURTIS AVENUE, N.W. PLAN SHOWING THE PROPOSED RESUBDIVISION OF LOTS 2 & 12, BLOCK 5 AIRLEE COURT (P.D..2, PO. 66) ROANOKE, VIRGINIA LOT 11 ZONED RS-3 TAX 1~2190711 PROPERTY OF t,~AROARET 8. WOODS W.B. PG. 1655 NOIES: 1. ~HE PURPOSE;OF ~'{IS DRAV¥1NG IS TO SHOW ,TO PROPOSED RESUBDI'vlSION OF LOTS 2 & 12. BLOC[*( 5. AIRLEE COURT(P.D. ~ PO. 66) AND DOES NOT CONS~TUI~ A BOUNDARY SURVEY. 2. TH(S ORAW[NG IS BASED ON AC'I1JAL FIELD LOCA*~ONS AND FROM EXIS'RNG RECORDS. 3. 'I~IS ORA~NG WAS PREPARED WI'i'HOUT THE BENEFIT OF ^ CURRENT '~TLE REPORT AND THERE MAY EXIST ENCUMBRANCES NOT SHOWN HEREON. SCALE1"=30' DA'[~: 27 FEBRUARY 1995 LUMSDEN ASSOCIATES, P.O. ENGINEERS-SURVEYORS-PLANNERS ROANOKF~ VIRGINIA COMM-I¢82-182, , Exhibit C Address of Subject Property: 1017 Curtis Avenue, Roanoke, VA 24012 Applicant's Name: Robert McNichols ADJOINING PROPERTY OWNERS This list as follows are those property owners who own property beside, behind, or across the street from the subject property noted above: Official Tax Number Owner's Name and Mailing Address 2190711 Margaret B. Woods 1011 Curtis Ave., NW Roanoke, VA 24012 2190908 Carl C. Miller, Jr. Carl C. Miller, Sr. 933 Hershberger Rd. NW Roanoke, VA 24012 2190909 Robert J. Baldwin Lucille B~dwin 1016 Curtis Ave.,NW Roanoke, VA24012 2190702 P.W.C, L.L.C. P.O. Box 19419 Roanoke, VA24019 2190703 Samuel W. Penley Route 1, Box 195 Fincastle, VA 24090 2190701 Michael L. Golden 5005 Williamson Rd., NW Roanoke, VA 24012 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION O WHOM IT MAY CONCE~: I / ~ The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 5, 1995, 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 PWC, LLC, represented by Robert McNichols, Agent, that a portion of property located at 1017 Curtis Avenue, N.W., Tax No. 2190712, be rezoned from RS-3, Residential Single Family District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said applications are 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. Franldin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, March 21, 1995 and Tuesday March 28, 1995 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Koanoke, 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 Cily Clerk May 25, 1995 File #51 W. Ben Snead, Jr., Attorney 5220-F Williamson Road, N. W. Roanoke, Virginia 24012 Dear Mr. Snead: I am enclosing copy of Ordinance No. 32474-052295 rezoning a tract of land located at 4129 and 4135 Salem Turnpike, N. W., described as Official Tax Nos. 6050101 and 6050102, from RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Ordinance No. 32474-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. W. Ben Snead, Jr. May 25, 1995 Page 2 pc: Ms. Ida S. Turner, 513 Galdies Street, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Clarence L. Thacker, 2657 Mallard Drive, S. W., Roanoke, Virginia 24018 Ms. Charlene G. Dean, Mr. and Mrs. Paxton Hawthorne and Mr. L. G. Naif, et als, 228 Cassell Lane, S. W., Roanoke, Virginia 24018 Mr. Ferris P. Murray, Jr., P. O. Box 6217, Roanoke, Virginia 24017 Mr. Raeford L. Goode, et als, c/o Progressive Products Corp., P. O. Box 1093, Salem, Virginia 24153 Carolyn Hayes-Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W., Roanoke, Virginia 24017 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 22nd day of May, 1995. No. 32474-052295. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 605, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Duoc Tan Nguyen and Pho Thi Lam, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 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 ~ouncil; and WHEREAS, a public hearing was held by City Council on said application at its meeting on May 8, 1995, after due and timely notice thereof as requi~ed by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of that S36.1-3, Code of the City of Roanoke (1979), as and Sheet No. 605 of the Sectional 1976 Zone Map, City of be amended in the following particular and no other: located at 4129 and 4135 Salem Turnpike, on Sheet No. 605 of the Sectional 1976 Zone as Official Tax Nos. 6050101 and 6050102, be, Roanoke amended, Roanoke, A tract of land N.W., and designated Map, City of Roanoke, and are hereby rezoned from RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on March 15, 1995, and that Sheet No. 605 of the Zone Map be changed in this respect. ATTEST: City Clerk. _ ,R~ganoke City Planning Commission May 8, 1995 The Honorable David A. Bowers, Mayor and Members of Council Roanoke, Virginia Dear Members of Council: Subject: Request from Duoc Tan Nguyen and Pho Thi Lmn, represented by W. Ben Snead, Jr., attorney, that property located at 4129 and 4135 Salem Turnpike, N.W., Official Tax Numbers 6050101 and 6050102, be rezoned from Residential Single-Family District, RS-3, to Neighborhood Commercial District, CN, such rezoning to be subject to conditions proffered by the petitioner. Purpose of rezoning request is to place two (2) adjoining lots, comprising approximately 0.399 acres and with existing structures, into a zoning classification consistent with previous and proposed uses as a Neighborhood Convenience Store and a Neighborhood Service Establishment. Previous use of the structure on the lot bearing tax number 6050102 was as a neighborhood convenience store which operated through 1990. Use of the structure on the lot bearing tax number 6050101 was for a furniture refinishing business which operated through 1994. Peters Creek Road Extension will connect with Salem Turnpike immediately to the east of the site to be rezoned. Road extension project is to begin this spring. Various alternatives related to development along the road extension and roads with which it will intersect have been explored in the Peters Creek Road Extension Corridor Development Study by staff of the Fifth Planning District Commission. Petition to rezone from RS-3 district to C-2, General Commercial District was filed on March 15, 1995, and an amended petition was submitted on March 28, 1995. The following conditions were proffered by the petitioner: Room 162 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2344 Members of Council Page 2 The use of the land to be rezoned will be limited to use as a Neighborhood Convenience Store and Neighborhood Service Establishment. 2. There will be no outdoor storage or display of materials to be sold. Planning Commission public hearing was held on Wednesday, April 5, 1995. Mr. W. Ben Snead, Jr., attorney, appeared on behalf of the petitioners and briefed the Commission as to the purpose of the rezoning request. Mr. Snead stated that the rezoning was being requested to allow the existing buildings, which had recently been used as a convenience market and upholstery business, to reopen as a convenience store and laundromat, respectively. He noted that the two uses of the property had been proffered and so would remain a neighborhood convenience store and neighborhood service establishment, and that there would be no outdoor storage. Ms. Tamasin Roop, City Planner, gave the staff report. She stated that the staff believed CN zoning would be most appropriate since the property would be adjacent to the Peters Creek Road Extension and that location was not desirable for higher intensity uses. She said also that CN designation would limit the amount of signage and that a landscaped buffer would be required along the rear property line. Only one contact had been received from the neighborhood, she said, and that was for information. Addressing questions from the Commission, Ms. Roop said that hours of operation had not been discussed and Mr. Marlles stated that it was not known if sidewalks would be installed at the front of the property as part of the Peters Creek Road Extension project. No one from the audience appeared before the Commission to speak on behalf of or in opposition to the request. II. Issues: Zoning of the subject property is Residential Single- family District, RS-3. The surrounding zoning pattern is as follows: to the north is RS-3; to the south is RS-3 and General Commercial District, C-2; to the west is C-2; and to the east is RS-3, RM-I and RM-2. Land use surrounding the subject property is as follows: to the north are residential uses; immediately to the east is vacant land on which construction will begin this spring for the Peters Creek Road Extension and beyond that are residential uses; to the west are both commercial and residential property uses, including a used car dealership across Gladies Street; and land to the south, across Salem Turnpike, is vacant. Members of Council Page 3 The property to be rezoned is below an embankment which shields it from the view of most of the residential uses immediately to the north. It holds two commercial-type structures which currently are vacant. Use limitations. According to a proffer by the petitioner, uses of the subject property would be limited to a neighborhood convenience store and a neighborhood service establishment. Access to the property is currently by way of Salem Turnpike and Gladies Street. The City Traffic Engineer noted that with construction of the Peters Creek Road Extension, the subject site will be adjacent to a busy, signalized intersection and that access will probably be difficult, especially during peak traffic hours. He said also that traffic generated by the site will likely be associated with traffic already in the area. Outdoor ~ i~nd display. There would be no outdoor storage and display of materials to be sold, according to petitioner's proffer. F. Neiehborhood oreanization does not exist for this area. G. ~ recommends: development or reuse of small neighborhood shopping areas to serve the needs of area residents; and 2. protection of neighborhood character and environmental quality. IV. Alternatives: A. Approve the rezoning request. Zoning would become Neighborhood Commercial, CN, subject to certain conditions, and the proposed use of the site for a Neighborhood Convenience Store and a Neighborhood Service Establishment would be allowed to take place. Land use for a neighborhood convenience store and a Laundromat would be consistent with previous uses of existing structures on subject property. Uses would be buffered from adjacent residential property to the north by required screening and by existing topography. Conditions proffered by petitioners also would provide assurances to neighborhood. Access to and from the site would be by way of Salem Turnpike and Gladies Street. City Traffic Engineer anticipated no increase in traffic due to rezoning and related uses. Members of Council Page 4 4. NO outdoor storage and displav of materials to be sold would be allowed, according to condition proffered by petitioner. 5. Neighborhood omanization does not exist for this area. 6. Comprehensive Plan issues as set forth would be followed. Deny the rezoning request. 1. Zoning of the subject property would remain Residential Single-family, RS-3, and the proposed use as a neighborhood convenience store and neighborhood service establishment would not be allowed to take place. 2. Land use would remain Residential Single- family and structures on subject property would remain vacant. 3. Use limitations would not be an issue. 4. Access to the site would not be an issue. 5. Outdoor storage and display would not be an issue. 6. Neighborhood would be unchanged. 7. Comprehensive plan issues as set forth could be followed at a later date. Recommendation: The Planning Commission, by a vote of S-0 (Mrs. Coles and Mr. Bradshaw absent) recommends approval of the requested rezoning, finding that the request would be consistent with previous uses of property and would address visual factors, thus allowing for uses compatible with surrounding neighborhoods and development. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission Members of Council Page 5 JRM:TR:MPF attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner's Agent MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Aven~, S.W,, Room 456 Roanoke. Virginia 2401 I-1536 Telephone: (703) 981-2541 March 28, 1995 SANDRA H. EAKIN Deputy Cit', Clerk File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 W. Ben Sneed, Jr., Attorney, representing Duoc Tan Nguyen and Pho Thi Lam, requesting that a tract of land containing 0.399 acre, more or less, located at 4129 and 4135 Salem Turnpike, N. W., at the northeasterly corner of the intersection of Gledies Street and Salem Turnpike, N. W., described as Official Tax Nos. 6050101 and 6050102, be rezoneq from RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. P~a ~r, CMC/AAE City Clerk MFP:sm r/turnpike Enc. pc: The Honorable Mayor and Members of the Roanoke City Council W. Ben Snead, Jr., Attorney, 5220-F Williamson Road, N. W., Roanoke, Virginia 24012 v~Oahn R. Marlles, Agent, City Planning Commission rtha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: VIRGINIA Rezoning of a tract of land lying in the City of Roanoke at 4129 and 4135 Salem Turnpike, NW, with tax numbers 6050101 and 6050102, from RS-3, Residential Single Family District to CN; Neighborhood Commercial District such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioners, Duoc Tan Nguyen and Pho Thi Lam, own land in the City of Roanoke containing 0.399 acres, more or less, located at 4129 and 4135 Salem Turnpike, NW in the Northeasterly corner of intersection of Gladies Street and Salem Turnpike with Tax numbers 6050101 and 6050102 as more fully described in Exhibit 1. Said tract Single Family District. attached as Exhibit 2. is currently zoned RS-3, Residential A map of the property to be rezoned is 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 RS-3, Residential Single Family District to CN; Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of serving as Neighborhood Convenience Store and a Neighborhood Service Establishment included within the general commercial use zone. 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 provide services and supplies necessary for the residents of the City of Roanoke. The previous use of the structure on lot with tax Number 6050101 was for furniture refinishing through December 1994, and the previous use of lot with tax number 6050102 was as a neighborhood convenience store through 1990. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The use of the land to be rezoned will be limited to use as a Neighborhood Convenience Store and Neighborhood Service Establishment. 2. There will be no outdoor storage or display of materials to be sold. Attached as numbers of the Exhibit 3 are the names, addresses and tax 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, O! Counsel // ~. Ben Snead, ~r. 5220-P Wtlliamson Road Roanoke, VA 24012 703-563-2861 Bxhibit 1 SCHEL~JLE "A" B'BGINNING at a point ~ the north side of hynchbu~g-Sal~ 'ru~pike, s~h 75' 45' eas~ 15 fee~ f~. ~he in~s~ion of klm no. Ih line of said Lynch~g-Sala. 'l~m]pike ~i~ tl~ east line of Gl~ies S~ee~, if proj~k~ in a s~atght line to said Lynchb~g-~l~ ~pike; fiance with the ~r~ l~e of said Lync~g-~ T~p~e, south 75' 45' east 135 f~t to a ~t t~, at corner J, as s~ t~ ~p ~after ~.ti~; t~nce north 14' 15' east 150 feet to a ~int: the~e ~rth 75~ 45' ~st 150 f~t a ~int ~ the east side of Gl~ies Strut; thence with east side of Gl~ies Strut, s~ 14' 15' ~st 135 f~t to a ~int ~; thence with a ~e to t[~ left, w~e r~ius is 15 f~t, a~ ~G d~tan~ of 27.32 f~t of B~I~I~, ~in9 ~ts 1, 2, a~ 3, Section] 1, as t[~ ~p of ~ Heights, r~ i~ the Clerk's Offl~ of t~ C~it C~t of ~noke C~ty, VirGinia, ~ Plet ~k 2, ~ 216; LESS AND EXCEFY, ti~ Northern Thirty-Five (35) feet of Lots 1, 2, and 3, Sectio. 1, as show. o~ the Map of ~ Heights, conveyed to Ida $. 7~rner fz~. Luther A. 'l~mter, by deeds dated February 26, 1959, In Deed ~ook 612, pa~e 462 end dated February 24. 1965, t~t Deed ~ook 764, [~ge 485, recorded i. tile Clerk's Office of the Circuit Court of Roanoke County, Vi=gillta. ExIST.PIPE ~. KD Gro !..,,~ Exhibit I Exhibit 2 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 April 24, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk W. Ben Snead, Jr., Attorney 5220-F Williamson Road, N. W. Roanoke, Virginia 24012 Dear Mr. Snead: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, Apdl 6, 1981, I have advertised a public hearing for Monday, May 8, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Duoc Tan Nguyen and Pho Thi Lam that a tract of land located at 4129 and 4135 Salem Turnpike, N. W., described as Official Tax Nos. 6050101 and 6050102, be rezoned from RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. For your information, I am enclosing copy of a notice of the public hearing, 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. 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 May 8 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/ME City Clerk MFP:sm Enc. W. Ben Snead, Jr. April 24, 1995 Page 2 pc: Ms. Ida S. Turner, 513 Galdies Street, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Clarence L. Thacker, 2657 Mallard Drive, $. W., Roanoke, Virginia 24018 Ms. Charlene G. Dean, Mr. and Mrs. Paxton Hawthorne and Mr. L. G. Naif, et als, 228 Cassell Lane, S. W., Roanoke, Virginia 24018 Mr. Ferris P. Murray, Jr., P. O. Box 6217, Roanoke, Virginia 24017 Mr. Raeford L. Goode, et als, c/o Progressive Products Corp., P. O. Box 1093, Salem, Virginia 24153 A~ NUMBER - 421900?4 PUBLISHER'S FEE - W BEN SNEAD JR 112 KIRK AVE ROANOKE VA 24011 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT []F PUBLICATION I, (THE UNDERSIGNED] AN AUTHORIZED REPRESENTATIVE OF THE TIMES-wORLD COR- PORATION9 WHICH CORPORATION IS PUBLISHER OF THE ROANOKE TINES ~ WORL[)-NEWS* A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA~ 00 CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 04/21/95 ~ORNING 0~/28/95 MORNING WITNESS, THIS 3ATH DAY OF APRIL 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, May 8, 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 RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, the following property: A tract of land located at 4129 and 4135 Salem Turnpike, N.W., and bearing Official Tax Nos. 6050101 and 6050102, 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 19th day of APril , 1995. Mary F. Parker, City Clerk. Publish in the ]Roanoke Times and World-News, once on Friday, April 21, 1995, and once on Friday, April 28, 1995. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: W. Ben Snead, Jr., Attorney 5220-F Williamson Road, N. W. Roanoke, Virginia 24012 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 March 28, 1995 SANDRA H. EAKIN Deputy City Clerk File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 W. Ben Snead, Jr., Attorney, representing Duoc Tan Nguyen and Pho Thi Lam, requesting that a tract of land containing 0.399 acre, more or less, located at 4129 and 4135 Salem Turnpike, N. W., at the northeasterly corner of the intersection of Gladies Street and Salem Turnpike, N. W., described as Official Tax Nos. 6050101 and 5050102, be rezoned from RS-3, Residential Single-Family District, to CN, Neighborhood Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, /~ Mary F. P~ar ir, CMC/AAE City Clerk MFP:sm r/turnpike Enc. pc: The Honorable Mayor and Members of the Roanoke City Council W. Ben Snead, Jr., Attorney, 5220-F Williamson Road, N. W., Roanoke, Virginia 24012 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney AMENDED PETITION IN THE COUNCIL OF THE CITY OF ROANOKE, IN RE: VIRGINIA Rezoning of a tract of land lying in the City of Roanoke at 4129 and 4135 Salem Turnpike, N-W, with tax numbers 6050101 and 6050102, from RS-3, Residential Single Family District to CN; Neighborhood Commercial District such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioners, Duoc Tan Nguyen and Pho Thi Lam, own land in the City of Roanoke containing 0.399 acres, more or less, located at 4129 and 4135 Salem Turnpike, NW in the Northeasterly corner of intersection of Gladies Street and Salem Turnpike with Tax numbers 6050101 and 6050102 as more fully described in Exhibit 1. Said tract is currently zoned RS-3, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit 2. 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 RS-3, Residential Single Family District to CN; Neighborhood Commercial District, subject to certain conditions set forth below, for the purpose of serving as Neighborhood Convenience Store and a Neighborhood Service Establishment included within the general commercial use zone. 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 provide services and supplies necessary for the residents of the City of Roanoke. The previous use of the structure on lot with tax Number 6050101 was for furniture refinishing through December 1994, and the previous use of lot with tax number 6050102 was as a neighborhood convenience store through 1990. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The use of the land to be rezoned will be limited to use as a Neighborhood Convenience Store and Neighborhood Service Establishment. 2. There will be no outdoor storage or display of materials to be sold. Attached as numbers of the Exhibit 3 are the names, addresses and tax 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 ~ _, Respectfully submitted, O3 Counsel W. Ben Snead, Jr. 5220-F Williamson Road Roanoke, VA 24012 703-563-2861 3 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQIJEST OF: Duoc Tan Nguyen and Pho Thi Lam on Salem Turnpike, NW ) from RS-3 to C~2, 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 mall on the 27th day of March, 1995, notices of a public hearing to be held on the 5th day of April, 1995, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner. Aeent or Occupant Address 6050103 Ida S. Turner 513 Galdies Street, NW Roanoke, VA 24017 6050218 6050217 Clarence L. and Judith A. Thacker 2657 Mallard Drive, SW Roanoke, VA 24018 6050116 Charlene G. Dean Paxton and Joyce Hawthorne L. G. Naif, et als 228 Cassell Lane, SW Roanoke, VA 24018 6050511 6050513 Fen'is P. Murray, Jr. P. O. Box 6217 Roanoke, VA 24017 6050113 Raeford L. Goode, et als P.O. Box 1093 c/o Progressive Products Corp. Salem, VA 24153 Martha Pace Franklin SUBSCRIBED AND Virginia, this 27th day of My Commission Expires: SWORN to before~ne, .a Notary/~blic, in the City of Roanoke, March, 1995.~'/ /~"~ ?'/ ' ? Notary P3blic ' NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 5, 1995, 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 Duoc Tan Nguyen and Pho Thi Lam, represented by Ben Snead, Attorney, that property located at 4129 and 4135 Salem Turnpike, N.W., bearing Official Tax Nos. 6050101 and 6050102, be rezoned from KS-3, Residential Single Family District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said applications are 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, March 21, 1995 and Tuesday March 28, 1995 Please bill: W. Ben Snead, Jr., Attorney 5520-F Williamson Road, N.W. Roanoke, VA 24012 (703) 563-2861 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 2401 !-1536 Telephone: (703) 981-2541 March 16, 1995 File #51 SANDRA H. EAKIN Deputy City CLerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: l:k~rsuant 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 W. Ben Sneac~ Jr., Attorney, representing Duoc Tan Nguyen and Pho Thi L~un, requesting that a tract of land contcfining 0.399 acre, more or less, located at 4129 and 4135 Salem Turnpike, N. W., at the northeasterly corner of the intersection of Gladies Street and Salem Turnpike, N. W., described as Officig.~rN~os. 6050101 and 6050102, be rezoned from RS-3, Residential Single-Fcutfily District, to C-2, General Commercial District, subject to cert~n conditions proffered by the petitioners. Sincerely, Mgry F. Pccker, CMC/AAE City Clerk MFP:sm r/turnpike pc: The Honorable Mayor and Members of the Roanoke City Council W. Ben Snead, Jr., Attorney, 5220-F Willi~nson Road, N. W., Roanoke, Virginia 24012 John R. Marlles, Agent, City Planning Commission Mcatha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke at 4129 and 4135 Salem Turnpike, NW, with tax numbers 6050101 and 6050102, from RS-3, Residential Single Family District to C-2, General Commercial District such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The petitioners, Duoc Tan Nguyen and Pho Thi Lam, own land in the City of Roanoke containing 0.399 acres, more or less, located at 4129 and 4135 Salem Turnpike, NW in the Northeasterly corner of intersection of Gladies Street and Salem Turnpike with Tax numbers 6050101 and 6050102 as more fully described in Exhibit 1. Said tract is currently zoned RS-~3, Residential Single Family District. A map of the property to be rezoned is attached as Exhibit 2. 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 RS-3, Residential Single Family District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of serving as Neighborhood Convenience Store and a Laundromat included within the general commercial use zone. 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 provide services and supplies necessary for the residents of the City of Roanoke. The previous use of the structure on lot with tax Number 6050101 was for furniture refinishing through December 1994, and the previous use of lot with tax number 6050102 was as a neighborhood convenience store through 1990. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following condition: The use of the land to be rezoned will be limited to use as a Neighborhood Convenience Store and Laundromat. Attached as Exhibit 3 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 /~a)~)~ , Respectfully submitted, Of Counsel W. Ben Snead, Jr. 5220-F Williamson Road Roanoke, VA 24012 703-563-2861 Exhibit 1 BEGINNiN~ at a poi. t on the north side of Lynchburg-Salem Turnpike, south 75' 45' east 15 feet fr~u the intersection of tile north line of said Lynch~g-Sal~, 'l'un]pike wi[h the east line of Gl~ies Street, if project~ in a straight line to said Lyncbburg-Sal~, ~pike; thence with the north l~e of said Lynchb~g-Sal~ T~pike, sou~h 75' 45' ease 135 feet to a ~t th~n, at corner J, as s~ on the ~p hereinafter ~ntion~; thence north 14" 15' east 150 feet to a ~int; thence ~r~h 75' 45' ~st 150 feet to a ~int ~ the ease side of Gladies Street; thence with the east side of Gladies Street, south 14" 15' ~st 135 feet to a ~int ~hereon: [hence wi[h a c~e to the left, w~se r~ius is 15 feet, an ~c dis[ance of 27.32 feet to ~ place of B~I~I~, being ~ts 1, 2, a~ 3, Sectio. 1, as s~ on the n~p of ~w Ileigbts, re~ in [he Clerk's Office of ~be C~cuit Co~t of R~noke Coun[y, Virginla, in Plat ~k 2, ~ge 216~ LESS AND EXCE['I', tile Northern Thirty-Five (35) feet of Lots 1, 2, and 3, Section 1, as sl~l on the Map of Moomaw Heights, conveyed to Ida S. q~z~]er fr~. Luther A. 'l~rner, by deeds dated February 26, 1959, in Deed Book 612, uage 462 and dated February 24, 1965, in Deed Book 764, [~39e 485, recorded in the Clerk's Office of tile Circuit Court o£ Roanoke County, Vlrgi.ia. I. S~Y. Dr. Drd~. 'Ex~ibi~ 2 /.%.'3 S TR££: Exhibit 2 Exhibit 2 Sca ] e :', !:::k) f: % ./:~. t~ ~1~,:::: r' e!ii~, t, ,:') ,, xq:'~9 '? '~ Bear" :J. nq DHS 1:%::) E a% ecl :', .+.0o0. ()OiX)O P'"({91'":~. mr;~,: er" :', 527,, ?2 I F::'r"ec::i. si on :; :i. / :i. zi :i. EXHIBIT 3 Tax Map No. 6050103 Ida S. Turner 513 Gladies Street, NW Roanoke, VA 24017 Tax Map No. 6050218 & 6050217 Clarence Leon Thacker & Judith Arlene Thacker 2657 Mallard Drive, SW Roanoke, VA 24018 Tax Map No. 6050116 Charlene G. Dean and Paxton C. Hawthorne & Joyce C. 228 Cassell Lane, SW Roanoke, VA 24018 Hawthorne Tax Map No. 6050511 & 6050513 Ferris P. Murray, Jr. PO Box 6217 Roanoke, VA 24017 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 May 25, 1995 File #51 Donald L. Wetherington, Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 32475-052295 rezoning a tract of land located at the northwest terminus of Lynn Brae Drive, N. E. (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, described as Official Tax No. 7150102, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. Ordinance No. 32475-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. Donald L. Wetherington May 25,1995 Page 2 pc: Kenan Transport, c/o Earl Cowan, Property Accountant, P. O. Box 2729, Chapel Hill, North Carolina 27515 Messrs. Jeffrey L. and Alan K. Mitchell, c/o Duofast Mid Atlantic, 9001 Mendenhall Court, Columbia, Maryland 21045 Mr. and Mrs. Randall Z. Hodges, P. O. Box 12414, Roanoke, Virginia 24025 Design Associates, c/o Mr. David Vaughan, P. O. Box 14780, Roanoke, Virginia 23227 Mr. Frank W. Martin, P. O. Box 20073, Roanoke, Virginia 24018 Workman Oil Co., P. O. Box 566, Forest, Virginia 24551 McDonald's Corporation, c/o MKG Enterprises, 320 Wildwood Road, Salem, Virginia 24153 Mary Walser, Manager/Property Management, Lowe's Companies, Inc., Real Estate Department, P. O. Box 1111, North Wilkesboro, North Carolina 28656 City of Roanoke, c/o Gordon E. Peters, Treasurer, 215 Church Avenue, S. W., Roanoke, Virginia 24011 Yellow Properties, Inc., 10990 Roe Avenue, Overland Park, Kansas 66207 Mr. Sherman J. Conner, et als, 4128 Mockingbird Hill, N. E., Roanoke, Virginia 24012 Mr. David R. White, 1513 Seibel Drive, N. E., Roanoke, Virginia 24012 Crestar Bank, c/o Accounting Department, P. O. Box 13888, Roanoke, Virginia 24038 Vicki D. Bridgeman, Acting Director, Commonwealth of Virginia, Department of Treasury, Division of Unclaimed Property, P. O. Box 2478, Richmond, Virginia 23207-2478 Mr. Steven N. Bethel, 3311 Ridgerun Road, N. E., Roanoke, Virginia 24012 Mr. Buddy Davis, One Homestead Lane, N. E., Roanoke, Virginia 24012 Mr. Roy N. Stroop, President, Wildwood Civic League, 723 Mecca Street, N. E., Roanoke, Virginia 24012 Mr. James Phillips, 3516 Brookrun Circle, N. E., Roanoke, Virginia 24012 Mr. Paul Smith, 3516 Willow Run Drive, N. E., Roanoke, Virginia 24012 Ms. Pamela Cunningham, 3502 Springtrae Circle, N. E., Roanoke, Virginia 24012 Ms. Virginia Rhodes, 3258 Richards Avenue, N. E., Roanoke, Virginia 24012 Mr. Obediah Overstraet, 3203 King Street, N. E., Roanoke, Virginia 24012 Mr. Ray Barbour, 686 Montrose Avenue, S. E., Roanoke, Virginia 24013 Mr. Noel Levan, 3306 Dogwood Hill Road, N. E., Roanoke, Virginia 24012 Mr. Timothy Lipteck, 3269 Richards Avenue, N. E., Roanoke, Virginia 24012 Donald L. Wetherington May 25, 1995 Page 3 pc~ Carolyn Hayes-Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W., Roanoke, Virginia 24017 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May. 1995. No. 32475-052295. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 715, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Branch Highways, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing 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 May 8, 1995, after due and timely notice thereof as required by S36.1-693, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented hereinafter described provided. THEREFORE, BE IT at the public hearing, is of the opinion that the property should be rezoned as herein ORDAINED by the Council of the City of Roanoke that S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 715 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land lying at the northwest terminus of Lynn Brae Drive (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, and designated on Sheet No. 715 of the Sectional 1976 Zone Map City of Roanoke as Official Tax No. 7150102, be, and is hereby rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to the proffers contained in the First Amended Petition, filed in the Office of the City Clerk on April 4, 1995, and that Sheet No. 715 of the Zone Map be changed in this respect. ATTEST: 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 May 8,1995 SANDRA H. EAKIN Deputy City Clerk Mr. Steven N. Bethel 3311 Ridgerun Road Roanoke, Virginia 24012 Dear Mr. Bethel: I wish to acknowledge receipt of your communication under date of May 6, 1995, expressing opposition with regard to the request of Branch Highways, Inc., to rezone property in the vicinity of Lynn Brae Drive, N E. and Statesman Industrial Park for construction of an asphalt plant. Please be assured that a copy of your communication has been forwarded to the Mayor and Members of Roanoke City Council for their information. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Misc. 5/8/95 - Council May6,1995 RECEIVED MAY 81995 MAYOR'S OFFICE To: Roanoke Ci~Counc~ A~ a concerned r~ident of The Springt~e Subdiv~ion and a ~ own~ of lh~ addr~s below, I AM AGAINST the 1~ Branch Highways Asphalt Plant Projcct locatod off of 460 vaJues were i~;:a~aab38 at a very $ood tale. [ have no do-bt that thi~ l~ol~ Project will be deU4namtal to tb~ quality of Iff~ of the ~aicknts of $~ as w~ll aa to oux PrOl~rty valuea' teed am article ia The Roe~,ke Tim~ that stated tesidemt~ co~oems o~ ~ ~H~ ~c, ~ ~ ~ ~ ~ ~ ~t ~ ~ ~ R~c pla~in$ ~ssi~ mbl~~~~3 1~5. l~~d~l~~ ~ ~ thl. ~ of~, ~ ~ ~ ~ ~ ~ B~ ~ ~. I~ l~~of~ ~ ~R~~~~~o~ ~ ofR~e Ci~ ~ VO~ AO~ST ~ ~ ~ 1~ ~ ~ ~. 8revert N. B~hel 3311 RcL. Roam~ Va. 24012 344-1368 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 May 25, 1995 File #51 Donald L. Wetherington, Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: I am enclosing copy of Ordinance No. 32475-052295 rezoning a tract of land located at the northwest terminus of Lynn Brae Drive, N. E. (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, described as Official Tax No. 7150102, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. Ordinance No. 32475-052295 was adopted by the Council of the City of Roanoke on first reading on Monday, May 8, 1995, also adopted by the Council on second reading on Monday, May 22, 1995, and will take effect ten days following the date of its second reading. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Eric. Donald L. Wetherington May 25, 1995 Page 2 pc; Kenan Transport, c/o Earl Cowan, Property Accountant, P. O. Box 2729, Chapel Hill, North Carolina 27515 Messrs. Jeffrey L. and Alan K Mitchell, c. Jo Duofast Mid Atlantic, 9001 Mendenhall Court, Columbia, Maryland 21045 Mr. and Mrs. Randall Z. Hodges, P. O. Box 12414, Roanoke, Virginia 24025 Design Associates, c/o Mr. David Vaughan, P. O. Box 14780, Roanoke, Virginia 23227 Mr. Frank W. Martin, P. O. Box 20073, Roanoke, Virginia 24018 Workman Oil Co., P. O. Box 566, Forest, Virginia 24551 McDonald's Corporation, c/o MKG Enterprises, 320 Wildwood Road, Salem, Virginia 24153 Mary Walser, Manager/Property Management, Lowe's Companies, Inc., Real Estate Department, P. O. Box 1111, North Wilkesboro, North Carolina 28656 City of Roanoke, c/o Gordon E. Peters, Treasurer, 215 Church Avenue, S. W., Roanoke, Virginia 24011 Yellow Properties, Inc., 10990 Roe Avenue, Overland Park, Kansas 66207 Mr. Sherman J. Conner, et als, 4128 Mockingbird Hill, N. E., Roanoke, Virginia 24012 Mr. David R. White, 1513 Seibel Drive, N. E., Roanoke, Virginia 24012 Crestar Bank, c/o Accounting Department, P. O. Box 13888, Roanoke, Virginia 24038 Vicki D. Bridgeman, Acting Director, Commonwealth of Virginia, Department of Treasury, Division of Unclaimed Property, P. O. Box 2478, Richmond, Virginia 23207-2478 Mr. Steven N. Bethel, 3311 Ridgerun Road, N. E., Roanoke, Virginia 24012 Mr. Buddy Davis, One Homestead Lane, N. E., Roanoke, Virginia 24012 Mr. Roy N. Stroop, President, Wildwood Civic League, 723 Mecca Street, N. E., Roanoke, Virginia 24012 Mr. James Phillips, 3516 Brookrun Circle, N. E., Roanoke, Virginia 24012 Mr. Paul Smith, 3516 Willow Run Drive, N. E., Roanoke, Virginia 24012 Ms. Pamela Cunningham, 3502 Springtree Circle, N. E., Roanoke, Virginia 24012 Ms. Virginia Rhodes, 3258 Richards Avenue, N. E., Roanoke, Virginia 24012 Mr. Obediah Overstreet, 3203 King Street, N. E., Roanoke, Virginia 24012 Mr. Ray Barbour, 686 Montrose Avenue, S. E., Roanoke, Virginia 24013 Mr. Noel Levan, 3306 Dogwood Hill Road, N. E., Roanoke, Virginia 24012 Mr. Timothy Lipteck, 3269 Richards Avenue, N. E., Roanoke, Virginia 24012 Donald L. Wetherington May 25, 1995 Page 3 pc: Carolyn Hayes-Coles, Chairperson, City Planning Commission, 1501 Cove Road, N. W., Roanoke, Virginia 24017 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1995. No. 32475-052295. AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 715, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, Branch Highways, Inc., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from LM, Light Heavy Manufacturing District, proffered by the applicant; and WHEREAS, the City Planning proper notice to all concerned as Manufacturing District, to HM, subject to certain conditions Commission, which after giving 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 May 8, 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 S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 715 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A tract of land lying at the northwest terminus of Lynn Brae Drive (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, and designated on Sheet No. 715 of the Sectional 1976 Zone Map City of Roanoke as Official Tax No. 7150102, be, and is hereby rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to the proffers contained in the First Amended Petition, filed in the Office of the City Clerk on April 4, 1995, and that Sheet No. 715 of the Zone Map be changed in this respect. ATTEST: 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 May 8,1995 SANDRA H. EAKIN Deputy City Clerk Mr. Steven N. Bethel 3311 Ridgerun Road Roanoke, Virginia 24012 Dear Mr. Bethel: I wish to acknowledge receipt of your communication under date of May 6, 1995, expressing opposition with regard to the request of Branch Highways, Inc., to rezone property in the vicinity of Lynn Brae Drive, N. E. and Statesman Industrial Park for construction of an asphalt plant. Please be assured that a copy of your communication has been forwarded to the Mayor and Members of Roanoke City Council for their information. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Misc. 5/8/95 - Council RECEIVED MAY 81995 IVlAYO R'S OFFICE May6,1995 To: Roanoke City Council 3311P. id~ RcL. Roanoke Va. 24012 MARY F. PARKER, CMC/AAE City Cterk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue~ S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 May 8,1995 SANDRA H. EAKIN Deputy City Clerk Mr. Buddy Davis 1 Homestead Lane Roanoke, Virginia 24012 Dear Mr. Davis: I wish to acknowledge receipt of your communication under date of May 8, 1995, expressing approval of the request of Branch Highways, Inc., to rezone property in the vicinity of Lynn Brae Drive, N. E. and Statesman Industrial Park for construction of an asphalt plant. Please be assured that a copy of your communication has been forwarded to the Mayor and Members of Roanoke City Council for their information. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Misc. 5/8/95 - Council SEKT BY:Xerox lelecoDier ?020 ; OI:~T ~661-80-Ab~ 17039791535;~ 3 MAYOR'S OFFICF Hay O, 1995 Cl[y Council of the CLCy of Roanoke Roanoke, Virginia DearKeyor Bo~e~s end N~fl o! Council: I am writinq conceznlngnyvl~m on the &spirit ~lant p~opoael o~ Stanch Rlqhweya. Z h~ve lived 23 yea~a at I Honeatead Lane in the nabellevuo section of Roanoke CountY. Ky prolmZ~y actually adjoins the CLay boundary. l~ny of my neighbors eroun~mo and I had & numbeE of concerns about this proposal, wu are dovnwind of t~ls property, ae ~he fume. Mght bo a chrec~ ~o our hollt~andthepo&co~ul en~oyuont o~ our homos,zn ~ect, ! appoared b~fore ~he elanflinq commLaelon and raised those concerns Ln the ~onn of aa objection. Si~co the Planning Coealaaion mtl~g, N~. Shivers of B~anch Highways and ~. #e~her~flgton have provided me necefoa~ elluranceg, sad I ~ sa~lsrl~ iAsC thAI o~a~lon ~ens no ~ga~ve lm~c~ to ~ go~y o~ anyone e~ee La ~he area. ! eplak for ~ny of ~ neigM)orl IlSO. ! urge you ~o ~ t~e roquos~ o! arinch HLghvaye. S~ncoro~y you~l, Buddy gtvil Ro&noXo, VA 34012 Telephone! 977-1g13 ~0 39vd x(INO0 ;~I'~ r~BJ.S~I,.OH G£§ILL$£OL~ LO :PI MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I 536 Telephone: (703) 981-2541 May 8, 1995 SANDRA H. EAKIN Deputy City Clerk Mr. Roy N. Stroop President, Wildwood Civic League 723 Mecca Street, N. E. Roanoke, Virginia 24012 Dear Mr. Stroop: I wish to acknowledge receipt of your communication under date of May 8, 1995, with regard to the request of Branch Highways, Inc., to rezone property in the vicinity of Lynn Brae Drive, N. E. and Statesman Industrial Park for construction of an asphalt plant. Please be assured that a copy of your communication has been forwarded to the Mayor and Members of Roanoke City Council for their information. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se Misc. 5/8/95 - Council )My 8, L~G5 RECEIVED MAY 8 IvlAYOR'$ Room 452, Hunlcli)al ~ulLdLng 3~5 Chu=ch Ay·ns®, B,W, Roes·ko, V~ 24011 o~ apr/settee D~vo and o~hoF neLghboFhood ~ough~y · quaz~sr aXLe to ~ho east of Route 4d0 a~ tho Our OrgsnLastLon hie consLdo~od ~he propooa~ of Brinah HAghwmy8 ~o buXXG SA meph&X~ plln~ on the o~oz s~do of Route 460 · o take no peeLe,·n, !L~bOZ for or ag&Lnlt. ILn~e~oZy yours, Roy WLLdwood I'1~Y-08-1995 14:25 "~d;3:342448~ ~J2'/. P. 02 BENT BY:Xerox Teleoopier ?020 ; 5- 8-95 ; 14:18 ; ?0334244004 ?03 224 $145;# 2 Misc.5/8/95 - Council RECBVED MAY ~ ~95 MAYOR'S OFFIG2 Nembe=. of CA~¥ CO~nol~ ROO~ 4S3, MunLc&pll ~u/ldLng 315 ChuccA Avenue, B,W, Ro&ltokm, ~ 2401~ poZnt. Our .O=~anLaattOn ham c~neida~od ~he p~opoeel o£ Branch Roy '8&roop, PrenlcleP. t WtXdvood CAvLc Lflgum MAY-O~-i~5 14:25 ?033424480 92~ P102 Roanoke City Planning Commission May 8, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Branch Highways, Inc., represented by Donald L. Wetherington, Attorney, that a parce! of land located at the terminus of Lynn Brae Drive, N.E., (also known as Market Square Drive) designated as Official Tax No. 7150102 and containing 11.673 acres, more or less, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back,round: Purnose of the requested rezoning is to permit the construction, on the property, of a bituminous concrete plant for the production of asphalt and for related sales and administrative activities. The proposed asphalt plant will occupy approximately 2.5 acres of the 11.673 acre site. Parcel requested for r¢z0ning (Official Tax No. 7150102) was originally part of a 20.879 acre tract conditionally rezoned in 1984 from C-2, General Commercial District to LM, Light Manufacturing District. Purpose of the rezoning was to provide additional industrial sites. First petition to rezone subject 11.673 acre parcel was filed on March 15, 1995. The following conditions (which would replace those of the original 1984 rezoning noted above) were proffered by the petitioner. A berm will be constructed and trees and shrubs set and maintained at the southerly end of the Tract in the location and at elevations shown on the concept plan attached as Exhibit C. Construction of the plant will be in reasonable conformity to the location and layout depicted on the attached concept plan. Room 162 Municipal Building 215ChurchAvenue, S.W. Roanoke, Virginia 24011 (703)981-2344 Members of the Council Page 2 Product delivery vehicles will enter and leave the property by means of access to be established directly to Seibel Drive or to Mary Linda Avenue to the west and not by way of Lynn Brae Drive (also known as Market Square Drive) to the east. Staff met with p~titign0r and/or oetitioners' attorney on four occasions prior to the Commission's public hearing on April 5, 1995, to discuss the proposed use and rezoning of the subject area.. Staffconcerns communicated to the petitioner were as follows: future potential HM uses on the site; screening/buffeting of the site fi.om surrounding properties, access; existing traffic congestion on U. S. Route 460, possible odor, noise and dust. First amended petition to rezone was filed on April 4, 1995. The following conditions were proffered: The property will be used only as a manufacturing establishment primarily engaged in the manufacture, assembly, mixing, processing or other process related to the creation of asphalt, together with ail accessory uses including sales and administrative activities. A berm will be constructed and trees and shrubs set and maintained at the southerly end of the tract in the location and at elevations shown on the site plan attached as Exhibit C. Construction of the plant will be in substantial conformity to the location and layout depicted on the attached site plan. Trucks that deliver raw materiais to the property for the manufacturing process and trucks that deliver the manufactured product from the property will enter and leave the property only by means of access to be established directly to Seibel Drive or to Mary Linda Avenue to the west and not by way of Lynn Brae Drive (also known as Market Square Drive) to the east. If no such right of access has been obtained by April 1, 1998, then the zoning classification for the property will automatically revert to its classification, subject to the same conditions, as in effect on April 1, 1995, without any further or other action by the Council of the City of Roanoke. Upon the request by or on behaifofthe Roanoke City Planning Commission, the petitioner will provide an explanation of the location and nature of the right of access, once obtained. First Plannin~ Commission public hearing was held on April 5, 1995. Mr. Don Wetherington, attorney, and Ralph Shivers, representing Branch Highways, appeared before the Commission to summarize the request. Mr. Wetherington stated that they have carefully evaluated the site and that there should be no noise, lighting, odor or other negative impact on the adjacent properties. II. Members of the Council Page 3 Mr. Ralph Shivers noted that the proposed asphalt plant was a modem facility and reflected state of the art technology which was more advanced than any other plant that is presently in Roanoke. Mr. Shivers presented a color rendering of the site which showed the proposed berm and location of the plant and silos. He noted that all manufacturing activity would be hidden and not observable from adjacent property or any roadway entering the City. Mr. Shivers stated that he had contacted every business and landowne[ adjacent to the site as well as the WildwOod Civic League. He noted that the plant would meet all air quality standards and would operate well below the standards set by the State. Mr. Shivers ended his remarks by inviting the members of the Commission to visit a similar plant in the City of Fairfax. In response to a question from Mrs. Duerk and Mr. Hill, Mr. Shivers described what a "bag house" was and noted that no hazardous materials would be stored on the site. Mr. Marlles gave the staffreport and Stated that staffconsidered the location of the proposed rezoning to be very sensitive due to its proximity to the Roanoke Centre for Industry and Technology and the U.S. Route 460 corridor. He also noted that staffhad identified four potential issues: (1) access and traffic; (2) odor; (3) dust; and (4) buffering. Mr. Marlles concluded his remarks by recommending that representatives of the staff and Commission visit a similar facility to investigate staff and citizen concerns. Three citizens (Mr. Jim Phillips, 3516 Brookmn Circle, N.E.; Mr. Paul Smith, 3516 Willow Run Drive, N.E.; and Ms. Pamela Cunningham, 3502 Springtree Circle) appeared before the Commission. The citizens expressed the following concerns: (1) possible benzene and carbon monoxide from the flumes; (2) traffic impact on U.S. Route 460; (3) dust; and (4) fumes. A complete set of the minutes from the Planning Commission's April 5 public hearing is attached to this report (ATTACHMENT A). Current Planning Office has received numerous calls from residents living in the LaBellevue section of Roanoke County (see attached map- ATTACHMENT B). Staff has also received calls from citizens living in the Springtree area in Roanoke City and from other residents along King Street, N.E. In addition to the concerns previously identified by staff and citizens at the April 5, 1995, public hearing, several citizens expressed a concern that the proposed asphalt plant would constitute a fire hazard (see ATTACHMENT C). A re;~resentative of the Plannine Commission (Richard Jones, Vice Chairman) and City staff (John Madles, Chief of Planning and Community Development and Phil Sparks, Members of the Council Page 4 Acting Chief of Economic Development) visited a similar facility (see attached description - ATTACHMENT D) in the City of Fairfax, Virginia, on April 20, 1995. City representatives toured the plant site, met with the plant manager, and interviewed approximately 15 residents, business owners, and employees (selected randomly) in the surrounding area. With one exception, individuals reported no problems associated with odor or noise generated from the existing plant. Several residents of a nearby condominium project (350' from the plant site) indicated that dust from the plant was a problem. The only dust observed by the Planning Commission and City staffresulted from trucks driving on the gravel surface surrounding the plant. No dust was observed from the operation of the plant. Staff contacted representatives from the Fairfax City Departments of Planning and Economic Development to discuss the operation of the existing plant in an attempt to identify any existing problems or adverse environmental impacts. Fairfax City staff were not aware of any problems or citizen complaints resulting from the operation of the plant. Stilff hove also contacted the following additional agencies and organizations in an attempt to address citizen concerns: Virginia Air Pollution Control Board, Roanoke City Fire Department, Botetourt County Planning Department, and the Roanoke County Department of Economic Development. Second Planning Commission public hearing was held on May 3, 1995. Mr. Don Wetherington appeared before the Commission on behalf of the petitioner. Mr. Wetherington noted that since the Commission's last public hearing on April 5, 1995, staff and a representative from the Planning Commission had visited a similar facility in the City of Fairfax. Mr. Wetherington further stated that the petitioners had conducted an exhaustive site search and felt that the proposed site was ideally suited for the proposed use. Mr. Wetherington then addressed six considerations: (1) impact on the environment; (2) site considerations (visual); (3) noise; (4) dust; (5) odor; and (6) traffic. Finally, Mr. Wetherington detailed Branch Highways' efforts to meet with property owners and residents from both the City and County to address their concerns. Mr. John Marlles gave the staff report. Mr. Maflles noted that initially staffhad many of the same concerns voiced by residents. He further stated that staff felt that most of the issues have been addressed including the concern that the proposed asphalt plant would constitute a special fire hazard. Mr. Marlles noted that during the site visit to the asphalt plant in the City of Fairfax, staff and the Commission's representative (Richard Jones, Vice Chairman), had toured the plant site and interviewed approximately 15 residents who lived or worked in the vicinity of the plant. He stated that the only concern voiced was from several residents of a nearby condominium development located approximately 350 feet from the plant site, who complained of dust. Mr. Marlles noted that the only dust which was observed during the site visit was from trucks driving on the unsurfaced area surrounding the plant. No dust was observed coming from the operation of the plant nor did any of the citizens interviewed complain that odor was a problem. In response to Members of the Cot~ncil Page 5 a question from Mr. Jones, Mr. Marlles stated that the Springtree neighborhood in the City was located approximately 1,640 feet from the plant site and the LaBellevue section of Roanoke County was located approximately 4,800 to 6,000 feet from the proposed plant site. Mr. Marlles concluded his remarks by stating that staff was recommending approval of the request in as much as the proffered conditions and site plan as well as the information provided by the petitioner addressed the concerns identified by. staff· The fOllowing citizens addressed the Commission to express opposition or concerns related to the requested rezoning: Ms. Virginia Rhodes (3258 Richards Avenue, N.E.); Mr. Jim Phillips (3516 Brookrun Drive, N.E.); Mr. Obediah Overstreet (3203 King Street, N.E.); Mr. Buddy Davis (#1 Homestead Lane, N.E.); Mr. Ray Barbour (686 Montrose Avenue, S.E.), Mr. Noel Levan (3306 Dogwood Hill Road, N.E.) and Mr. Tim Lipteck (3269 Richards Avenue, N.E.) Specific concerns expressed by citizens included traffic and access, fumes, proximity ora day care center 500 yards away, fire hazard, noise, lack of buffering, odor, proximity of a landfill, dust, and storm water management. A complete set of minutes from the Planning Commission's May 3, 1995, public hearing is attached to this report (ATTACHMENT E). Secohded amended netition was filed on May 4, 1995. The following conditions were proffered in response to suggestions made by the Assistant City Attorney at the May 3, 1995, public heating: The p;operty will be used only as a manufacturing establishment primarily engaged in the manufacture, assembly, mixing, processing or other process related to the creation of asphalt. Prior to the commencement of the manufacturing activities, a berm will be constructed and a landscaped buffer consisting of a mixture of deciduous trees and conifers no less than six (6) feet in height at planting will be set and thereafter maintained on the berm at the southerly and easterly sides of the Tract substantially with the type of configuration an in the location and at elevations shown on the conceptual site plan (hereinatter called "Site Plan") entitled "Concept Plan for Rezoning of 11.67 Ac. Parcel from LM Zoning to HM Zoning. ·. for Asphalt Highways, Inc.", dated 2 May 1995 by Lumsden Associates, P.C., a 'copy of which is proffered herewith and reduced copies of which will be provided for attachment hereto as Exhibit C as soon as practicable. Construction of the plant, including paved areas for vehicle traffic, will be in substantial conformity to the location and layout depicted on the Site Plan. The paving will be complete before commencement of the manufacturing activities. Trucks that deliver raw materials to the Property for the manufacturing process and trucks that deliver the manufactured product from the Property will enter and Members of the Council Page 6 leavethe Property only by means of access to be established directly to Seibel Drive or to Mary Linda Avenue to the west and not by way of Lynn Brae Drive (also known as Market Square Drive) to the east. If no such right of access has been obtained by April 1, 1998, then the zoning classification for the Property will automatically revert to its classification, subject to the same conditions, as in effect on April 1, 1995, without any further or other action by the Council of the City of Roanoke. Upon the request by or on behalf of the Roanoke City Planning Commission, the Petitioner will provide an explanation of the location and nature of the fight of access, once obtained. III. Issues: Zonln~ of the subject property is conditional LM, Light Manufacturing District. The surrounding zoning pattern is as follows: to the north, east and west is LM, Light Manufacturing District, to the south along U.S. Route 460 is C-2, General Commercial DiStrict. Land use of subject 11.673 acre parcel is currently vacant, undeveloped. Land use to the north (Official Tax No. 3200103) is a vacant undeveloped parcel that was formerly a landfill; land use to the east is a building materials storage yard (Lowe's). Land use to the west is the Statesman's Industrial Park. Land use to the south along U. S. Route 460 is highway commercial (Amoco station, McDonald's, Lowe's). Access and traffic. Petitioner has proffered that. all product delivery vehicles (trucks carrying raw materials and finished products) will enter and leave the property by means of access to be established directly to Seibel Drive or to May Linda Avenue to the west and not by way of Lynn Brae Drive (also known as Market Square Drive) to the east. Orange Avenue in the vicinity of the Statesman Industrial Park is a heavily travelled highway, darrying approximately 43,000 vehicles per day (see attached memo from Robert K. Bengtson, P.E., dated April ~26, 1995- ATTACHMENT F). Eighteen percent or 7,740 of these vehicles are trucks. Under the current LM zoning the site has the potential to generate 600 trips/day (300 in/300 out) according to the ITE Trip Generation Manual. According to the petitioners, approximately 150-200 trucks would be entering and exiting the site each day. The City Traffic Engineer has indicated that based on the traffic projected for this site, traffic conditions on U.S. Route 460 would not be adversely affected. City Traffic Engineer also'noted that the widening of U.S. Route 460 to six (6) lanes is identified as an "imminent Priority" in the City's adopted Thorooghfare Plan. B~tff~ring/,creeninc, of site from adjacent land uses was initially a staffconcern due to the nature of the proposed operation and the topography of the area. The site is in dose proximity to the Roanoke Centre for Industry and Technology and U.S. Route 460 which is a major gateway into the City. The site is approximately thirty feet above the elevation of Orange Avenue. Petitioner has proffered that a 20' berm will be constructed along the southerly and easterly property lines to help screen the plant. The plant will not be Members of the Council Page 7 Visible fi.om the Roanoke Center for Industry due to differences in topography. Petitioner has also proffered a site plan that incorporates a landscaped buffer area at or near the top of the proposed berm along the southerly and easterly property line to consist of a mixture of deciduous and Evergreen trees not less than 6' in height. Possible odor from the proposed bituminous concrete plant was initially a staff and citizen concern. Information proVided by the petitioner has indicated that odor from plant should not be detectable off-site due to advances in technology in asphalt plant design. Information provided by the City of Falrfax appears to indicate that odor has not been a problem. No odor was detected off-site by the representative of the Planning Commission and City staff visiting the facility in the City of Fairfax nor was odor fi.om the plant mentioned as a problem by citizens or business owners interviewed as part of the site visit on April 20, 1995. Possible dust from the proposed bituminous concrete plant was initially a staff and. citizen concern. Information provided by the petitioner indicates that dust generated during the drying and mixing process is trapped by air pollution control equipment and should not be a problem off-site. Dust from the plant was identified as a problem by several individuals interviewed during the site visit to Fairfax City. The individuals noting the problem lived in a residential development situated 350' from the plant site. The only dust which was observed during the site visit to the City of Fairfax was generated fi.om trucks driving on the grovel surface on the site of the plant. The proffered site plan shows that all internal circulation roads and storage areas will be paved, eliminating the major source of dust evident at the Fairfax City facility. In addition, the petitioner will be utilizing specially designed storage bins which are designed to reduce dust which may result from cross winds while dumping and in storage. Finally, any residual dust that may be generated fi.om the plant site should be contained by the proposed berm and landscaped buffer. Possible b~nzene fi.om fumes generated in the production of asphalt was identified as a concern by several citizens. According to information provided by the petitioner (see attached letter from Ralph D. Shivers, President, Branch Highways, Inc., dated April 25, 1995- ATTACHMENT G) and fi.om the Shell Oil Company (see attached letter - ATTACHMENT H), no benzene byproducts will be produced by the proposed operation. Possible tiro hazp~rcl fi.om the operation of the plant was identified as an issue by several citizens who called the Planning Office and addressed the Planning Commission at the May 3, 1995, public heating. Representatives fi.om the Roanoke City Fire Department have indicated that the plant would not pose any significant fire hazard as long as construction of the plant conforms to the standards and requirements of the Virginia Fire Protection Code and the Uniform Statewide Building Code for asphalt plants. According to representatives fi.om the City's Fire and Building Departments, new asphalt plants are requi~ed to incorporate fire suppression features and techniques to prevent or control fires should they occur. All engine companies within the City are also equipped with foam to Members of the Council Page 8 suppress or control fires should they occur. If needed, the foam truck at the airport would be available at the request of the Roanoke City Fire Department to assist with fire suppression. Neighborhood organization for this area is the Wildwood Civic League which was notified of petition to rezone by letter, mailed March 24, 1995. President of the neighborhood organization initially indicated that he has no objections to the proposed facility as long as the proposed development is confined to the existing industn.'al area north of U.S. Route 460 and there are no major envir6nmental impacts on adjaCent areas. At the Planning Commission's public hearing on May 2, 1995, Mr. Stroop indicated he had asked the'civic league if they had wanted to take any action on the request, either pro or con, and the civic leaguehad decided to leave the matter ~o the neighborhood people to decide. He said that he could not represent the civic league on the issue and that he was present as a private citizen and was neutral. 6n the request. He noted that he had received calls from citizens, both in favor and in opposition to the request. J. Roanoke Vision, the City's officially adopted comprehensive plan, recOmmends that: Neighborhood quality and environmental quality be protected. New or.expanded industrial or commercial developments are good neighbors for residential or other areas. 3. New industrial development takes place on appropriate sites. Promoting appropriate development in the City's Urban Enterprise Zone and other priority areas (the area is identified as "Potential Future Industry" on the comprehensive plan's industrial development strategy map). IV. Recommendation: The Planning Commission. by a vote of 6-0 (Mrs. Coles absent) recommended approval of the requested rezoning. Members of the Planning Commission recognize that this is a very sensitive issue but felt many of the concerns ~xpressed by citizens were based on misconceptions regarding the prol~osed use. Commission members also noted that the prbposed facility reflected modem technology that eliminated most of the objectional aspects of the older plants and that there should not be any negative impacts on the surrounding area. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Plam~ing Commission Members of the Council Page 9 JRM:mpf attachment cc: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner VIRGINIA: IN THE COUNCIL OF THE CITY OF Re: Rezoning of a tract of land at the Northwest terminus of Lynn Brae Drive (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park designated Official Tax Number 7150102 from LM, Light Manufacturing) District, subject to conditions, to ) HM, Heavy Manufacturing District, ) subject to conditions. ) ROANOKE Second Amended Petition to Rezone TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. Branch Highways, Inc. ("Branch"), the Petitioner, has contracted to buy from Billy H. Branch, a tract of land ("Property") in the City of Roanoke, Virginia designated Parcel C, according to Plat of Section 1, Statesman Plaza, dated June 5, 1985 by T. P. Parker & Son, and recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke in Map Book 1, page 472. A copy of this plat is attached as Exhibit A. The Property is designated by the Official Tax Number 7150102. The total lot area requested for rezoning is 11.673 acres, according to the plat. 2.. The Manufacturing Property is presently zoned LM, Light District, subject to conditions. The relative location of the Property and the classification and extent of adjacent zoning districts are shown on Exhibit B. 3. The Property is currently vacant and without any development. Branch (or an affiliate corporation organized specifically for the purpose) wishes to construct on the Property a state-of-the-art bituminous concrete plant for the Wethenn~ton, Melchionna, 5-n'x~ I~v & A. mmar production of asphalt and use the Property for that and related sales and administrative activities. 4. Branch requests that the Property be rezoned from LM, Light Manufacturing conditions: (a) The manufacturing manufacture, Manufacturing District, with District, subject conditions, to HM, Heavy only to the following Property will be used only as a establishment primarily engaged in the assembly, mixing, processing or other process related to the creation of asphalt. (b) Prior to commencement of the manufacturing activities, a berm will be constructed and a landscaped buffer consisting of a mixture of deciduous trees and conifers no less than six (6) feet in height at planting will be set and thereafter maintained on the berm at the southerly and easterly sides of the Tract substantially with the type configuration and in the location and at elevations shown on the conceptual site plan (hereinafter called "Site Plan") entitled "Concept Plan for Rezoning of 11.67 Ac. Parcel from LM Zoning to HM Zoning...for Asphalt Highways, Inc.", dated 2 May 1995 by Lumsden Associates, P.C., a copy of which is proffered herewith and reduced copies of which will be provided for attachment hereto as Exhibit C as soon as practicable. 2 Wetherm~ton~ Melchionna, Yerrx: (ktv ~r Ammar (c) Construction of the plant, including paved areas for vehicle traffic, will be in substantial conformity to the location and layout depicted on the Site Plan. The paving will be complete before commencement of manufacturing activities. (d) Trucks that deliver raw materials to the Property for the manufacturing process and trucks that deliver the manufactured product from the Property will enter and leave the Property only by means of access to be established directly to Seibel Drive or to Mary Linda Avenue to the west and not by way of Lynn Brae Drive (also known as Market Square Drive) to the east. If no such right of access has been obtained by April 1,. 1998, then the zoning classification for the Property will automatically revert to its classification, subject to the same conditions, as in effect on April 1, 1995, without any further or other action by the Council of the City of Roanoke. Upon the request by or on behalf of the Roanoke City Planning Commission, the Petitioner will provide an explanation of the location and nature of the right of access, once obtained. 5. Rezoning this Tract as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan by facilitating a necessary manufacturing activity~ while providing against effects potentially harmful-to 3 Wetherin~ton. Melchiorma, ]~err,< Dav ~ Ammar adjacent and surrounding districts. This rezoning will encourage and promote economic development activities that provide desirable employment and enlarge the tax base. 6. Attached as Exhibit D are the names and addresses of owners of all property adjacent to the property for which rezoning is requested. WHEREFORE, Branch Highways, Inc., by counsel, requests that the above-described property be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted, Branch Highways, Inc. of Counsel Donald L. Wetherington Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for the Petitioner %VeIhering~on, Melckionna, ~crrx: l>av ~ EXHIBIT .\ Tax MaD ~ Property Owner Owner's Address 7140117 7140118 7140119 7140120 7140121 7150101 7150113 7150110 7150107 7150112 7150109 7190501 7190502 Kenan Transport Co Jeffrey L. and Alan K. Mitchell Randall Z. and Alicia Hodges Randall Z. and Alicia Hodges Design Associates Frank W. Martin Workman Oil compahy Mcdonald's Corp. Lowe's Investment Corp. Billy H. Branch Lynwood M. Wells, City of Roanoke Jr. Yellow Properties, Sherman J. Conner Inc. c/o Earl Cow~n Property Accountant P.O. Box 2729 Chapel Hill, NC 27515 c/o Duofast Mid Atlantic 9001 Mendenhall Court Columbia, MD 21045 P.O. Box 12414 Roanoke, VA 24025 P.O. Box 12414 Roanoke, VA 24025 c/o David Vaughan P.O. Box 15780 Roanoke, VA 23227 P.O. Box 20073 Roanoke, VA 24018 P.O. Box 566 Forest, VA 24551 c/o MKG Enterprises 320 Wildwood Road Salem, VA 24153 P.O. Box 1111 Tax Department N. Wilkesboro, NC 28656 3812 Bunker Hill Drive Roanoke, VA 24018 139 Lynn Brae Drive, N.E. Roanoke, VA 24012 Room 250 Municipal Building Roanoke, VA 24000 10990 Roe Avenue Overland Park, KS 66207 412B Mocking Bird Hill Roanoke, VA 24012. EXHIBIT D 7200104 7200103X Crestar Bank Commonwealth of VA Escheat Attn: Accounting Dept. P.O. Box 13888 Roanoke, VA 24038 Mary Linda Avenue, N.E. Roanoke, VA 24000 7210103 7210105 City of Roanoke City of Roanoke Room 250 Municipal Building Roanoke, VA 24000 Room 250 Municipal Building Roanoke, VA 24000 ® ATTACHMENT A Roanoke City Planning Commission Page 7 April 5, 1995 Mr. was said that he had spoken with the realtor who was handling the property and told that the property had been on the market for a number of years and he felt it that it would be a good residential use. Mr. proposed facade. discussed the appearance of the building and presented a drawing of the noting that it would be a metal frame building, with a decorative block Mr. Butler elevation was proffered. Mr. Woolwine it was not. Mr. Talevi asked where in use was proffered. Mr. Woolwine said that the set out in the second proffer. Mr. Talevi said that the underground cable the ordinance so that it could not set forth a definition for what a private and that the use should be one that is set out in Mr. Butler asked if the petitioner had met the adjoining landowners. Mr. Woolwine said that he thought Mr. owners, however, those in the audience raised had met with all adjoining property to signify that he had not. Mr. Buffer said that he felt the matter should be continu~/M, until the petitioner met with the neighborhood. Mr. Woolwine requested that the matter be tabled. Mr. Chrisman moved to table the matter until the Commission's i~y meeting. The motion was seconded by Mr. Hill and approved 5-0. Property located off of Lynn Brae Drive. N.E.. Tax No. 71501f0 Rezone from LM to H1M. conditiqpal Mr. Don Wetherington appeared before the Commission and stated that Mr. Ralph Shivers, President of Branch Highways, was also present to answer any questions the Commission might have. Mr. Wetherington stated that Branch Highways wanted to put in the related Roanoke City Planning Commission Page 8 April 5, 1995 business of asphalt production and desired to rezone approximately 11 acres next to Statesman Industrial Park, from LM to HM, with narrow, protective conditions. Mr. Wetherington stated that the proposed use was a good one for the property in question and was clearly compatible with the surrounding area. He said that the economic impact of such a project was positive and the estimated tax revenue would be $210,000 per year. He said that approximately 32 jobs would be created. Mr. Wetherington said that he had carefully analyzed the operation to see whether there would be any unreasonable interferences with the implementation and use by the adjacent landowners and had concluded there would not be. He said that he had looked at the environmental considerations and evaluated the proposal based on its sightliness. He said there would be no visual problem. He said he had considered noise and lighting that might invade the nearby area and had found no problem. He said there would be no offensive or discernible odor and that he had also found there would be no unreasonable burden on the nearby thoroughfare. He said that in terms of land use evaluation, he had considered every conceivable negative impact and had found no problem. Mr. Shivers appeared before the Commission and stated that Branch Highways was one of the largest road construction companies on in the state and on the east coast. He said he was now seeking to expand his operations to asphalt paving, which was important and n__~ce_ssary for their business. He said that the proposed plant was a modern and up-to-date technology and advanced over any plant that is presently in Roanoke. He said that site was 11.6 acres in size, east of Statesman Industrial Park. He noted that all though traffic would be routed through Statesman Industrial Park, at the traffic light on Route 460. He said that site would be entered from the rear and that aH activity would be conducted within the 11 acre site. Mr. Shivers presented a color rendering of the site, which showed the proposed berm and location of the silos. He said that aH manufacturing activity would be hidden and not observable from adjacent property or the roadway entering the City. He noted that all operations were completely contained. He described the process of manufacturing asphalt. Mr. Shivers said that he had contacted every business and landowner adjacent to the site. He said he had talked with the Wildwood Civic League and had met with no objection from any of the people he had met with. He said that from an environmental point of view, he was completely berming the site. He said that at maturity the plantings would completely hide all aspects of the plant. He said that at first the tops of the silos might show a liRle, but would eventually be completely hidden. Mr. Shivers discussed the air quality, noting that the plant would meet aH standards and would operate well below the standards set out by the state. He said there would be no Roanoke City Planning Commission Page 9 April 5, 1995 flumes and in terms of odors, there would be none. Mr. Shivers said that a plant of the type proposed was located in Fairfax, Virginia. He said that he had signed statements from adjacent property owners of the Fairfax plant stating they had no concerns with the plant. He said that some people did not even know that an asphalt plant was located next to them. Mr. Shivers said that dust and lighting had also been voiced as a concern. He noted that there should be no dust at all because the road into the plant would be paved, not graveled. He said that the planning of the plant showed concern for both the neighborhood and the environment. Mr. Wetherington said that it was inconceivable to him that Branch Highways would propose a use that is offensive and intrusive in any way. He said that the Fairfax plant was similar in design and capacity to the one proposed for Roanoke. He said that if the Commission and staff wanted to visit the Fairfax facility, he would request that they do so, so that Council could still hear the rezoning request at their May public hearing. Mr. Wethefington also stated that he had submitted an amended petition which had some strict proffered conditions. Mr. Talevi asked if he understood proffer no. 4 to state that if an easement was obtained by April 1, 1998, then the proffer was met. Mr. Wetherington stated that was correct. There was continued discussion about the easement and it was noted by Mr. Wetherington that Lynn Brae Drive would never be used for access to or from the site and that access would be through Statesman Industrial Park. Mrs. Duerk asked Mr. Shivers to explain what a "bag house' was and how the aggregate would be moved and stored. Mr. Shivers briefly described the filtering process and the steps in production of the asphalt. He commented that all aggregate was stored in bins, with sides and no tops, that were below the level of the berm. In response to a question from Mrs. Duerk, Mr. Shivers advised that all ~ruck washing was done at his facility off of Peters Creek Road. Mr. Hill said he assumed that the operation would be controlled by state and federal regulations. Roanoke City Planning Commission Page 10 April 5, 1995 Mr. Shivers said that it would and that the asphalt business was a highly regulated industry. He also noted there would be no ha~'ardous materials on the site. Mr. Hill asked Mr. Shivers to explain about the dust. Mr. Shivers responded that there would be no dust from the manufacturing operation. He said that there would also be no dust from the trucks because they would be traveling over paved roads to and from the plant. Mr. Marlles gave the staff report. He said that staff considered the location of the request to be a very sensitive because of its proximity to the Roanoke Centre for Indus~'y and Technology and the 460 corridor. He said that there were four issues that staff had identified: (1) access and traffic; (2) odor; (3) dust and (4) buffering. He said that the petitioner hied been extremely helpful in providing technical information. He said that staff was recommending that a representative of the Planning Commission and staff visit the facility in Fairfax. He said that from the beginning of the project, many of staff's concerns had been addressed, however, he felt more information was needed. Mr. Buffer asked if the request could still be heard by Council in May if the matter was delayed until after a trip to Fairfax. Mr. Marlles said that could be arranged. Mr. Hill asked if there was anything else that staff needed in order to make a recommendation. Mr. Marlles said that he would like to see some of the technical information on dust and noise. Mr. lones asked if there was anyone in the audience who wished to speak to the matter. Mr. Jim Phillips (3516 Brooknm Circle, NE) appeared before the Commission and stated that he lived across from the proposed plant and had never been notified. He mentioned the problems that were associated with the Westvaco plant in Covington and the fact that no one wanted to live there because of the smell. He said he had small children and wanted to protect them. He discussed his allergies, which would be aggravated by the smell from the asphalt plant. He said that he would be able to see the plant from his house and was also concerned about the fumes which could not be smelled but were harmful, such as carbon monoxide. He asked that the Comission consider the homes in his area. Roanoke City Planning Commission Page 11 April 5, 1995 Mr. Hill asked Mr. Phillips where he lived in relation to the plant. Mr. Phillips pointed out that he lived in the Springtree section on the other side of Route 460. Mr. Hill asked Mr. Phillips what evidence he had about the proposed plant. Mr. Phillips said that he had not personally toured this style of asphalt plant, but that he had been around stone plants. Mr. Marlles explained the notification procedure for rezonings to those persons present. He sated that only those persons whose property directly adjoined the property under consideration were notified by letter. He said that the property was posted and that a legal advertisement appeared in the newspaper twice. He also noted that the City contacted neighborhood organiT~tions about rezonings. Mr. Paul Smith (3516 Willow Run Drive) appeared before the Commission and stated that he was concerned about tl:.~: benzine which could be emitted from the flume. He also discussed the impact of the addition of 200 trucks onto the highway. He said he would lilca to see the zoning stay the way it was and felt that a lot of his neighbors would move if the property were rezoned. Mrs. Duerk commented that she had driven out to the plant located off of Route 220 and did not smell it at all and the some of the neighbors had commented to her that they did not know an asphalt plant was there. Pamela Cunningham (3502 Springtree Circle) appeared before the Commission and stated that she had grown up in the area of the asphalt plant Mrs. Duerk spoke of. She said that there had been dust, fumes and heavy traffic in the area for many years. There being no further discussion, Mr. Butler moved to table the mat~er until the regular meeting in May. The motion was seconded by Melvin Hill and approved 5-0. The Christian Villa~_e of Western Virginia. Inc. Mr. Tom Tasselli, City Development Review Coordinator, appeared before the Commission and stated that the site plan request was made by the Christian Village of Western Virginia, Inc., and prepared by Lang Engineering. He said that the site would be developed for an ATTACHMENT B ISTE ATTACHMENT C Roanoke City Rezoning/Planning Board 215 Church Ave. S.W. Roanoke, VA 24011 April 19, 1995 The following three industrial/housing sites listed below have been brought before the Planning Commission for approval: 1. Re-zoning approval for a two acre lot on King Street next to Va. Transformer to industrial for a cable network company. 2. Re-zoning for a twelve acre lot to heavy industry off Rte. 460 behind the McDonald's and old Lowe's building for a large asphalt plant. 3. Approval for a low income apartment housing project in the Springtree subdivision behind Kroger on Rte. 460. I strenuously object to these projects on the following grounds: These areas are residential areas which are just beginning to realize property value gains for the residents and these projects will lower the value of those homes; the noise and environmental pollution will destroy the ambiance of the neighborhood; the changes will surely increase crime and traffic in the area. A much better use for this land would be single family housing similar to those already in the area. I sincerely hope that you will consider the feelings of the residents in the area and deny approval of these projects. Sincerely, Margaret I. Sanders 3326 Meadowrun Drive N.E., Roanoke, Virginia 24012-~25o 703-344-0627 ~' Ei'¥ED ~ ~0 1995 April 21, 1995 Planning Cc~mission Fralin and Waldron Christian Village of ~st Virginia I have been a resident of S~ringtree Subdivision for fifteen years. I watched my hc~e ~eing built by Fralin and Waldron. I raised my tmo children here; and as a single parent, it was not easy. I did what I had to do to pay my bills without any federal assistance. When Fralin and Waldron built Spring~ree, they did not build low inccme housing. Nor dia they build houses on one street and apart~nents on the other. I believe the area behind me that we are concerned about, should be conside~l a part of Springtree Subdivision and anything ~Jilt there should be the same t~e, of hcmes that we bought in Springtree; not low-income housing. I keep 8 childr~ in my home everyday. If apartments are built on this property, I will have to put up a fence which will Cost me $1600.00 (copy enclosed). I can't and will not subject these children to the type of people that apa,-b,~ts will bring into this nice neighborgoed. Look at Landsdowne, a granc~other allo~ed her grandson to mere in with her and he killed her. It could have been scceone else. I don't want low-inccme anythin9 in my back yard. I'm 54 year's old, I can't walk away fn~n a horn that I have worked so hard to pay for. I feel that it is ~our obligation to protect the property of people who work, pay their taxes and take care of their hc~es, lhese are not low-inc~Te houses. Nothing should be built in our neighborhood that will lower the vatue of our property. As for the asphalt plant; I feel the same way. R~anoke city is no place for a plant such as this. lhey can find a more suitable area, away frcm a residental area. Springtree hcme o~ner's take pride in their hones. Please don't mess it up. lhank You, Marie YcKinney 3361 Ridgerun Drive NE ~oanoke, Va 24012 703-343-8733 ECF.D APR C5 1995 OI'.:ICE 345-3784 345-9567 VIKING FENCE COMPANY CONTRACT 1004 West Walnut Avenue P. O. Box 367 Vlnton. VA 24179 Phon~ 345-3784 X.'l KIN G FENCE CO. alrets to erect said fence in u [ood and workmanlike manner and customer agrees to pay for said fence in accordance with the above schedule. Customer further umomes full responsibility for the location of 1he line up on which said fence is to he installed and agrees to hold VIKING FENCE CO, harmless from all claims arisin$ from questions of survey of said property or location of sald line and from ell claims for pe.onai injuri., property damage or tr.l~..jj .risin, from or by means~.=~ ~'lJ~l ~ ~°f the insfaltatio, n,of .id fence. __~ GlVENunderourhendsth,, ;' ;da, of -_~- ~-.~-- l, O~ner !J VIKING FENCE COM.PANT ~1 White--Office ( April,23,1995 Dear Rezoning/Planning Board, My family and myself live in the Springtree Subdivision in the Northeast part of the city. I'm writing concerning two projects that you are considering for approval in or near my neighborhood. The project I object to the most is the building of Low Income Housing Apa~h,ents that would be practically inside our subdivision. I believe it would lower our property value, traffic would increase in an already growing traffic area and crime would most likely increase due to high crime rates in most low income areas. Also I wonder if city officials have considered Runoff/Flooding problems, some homes in this area already experience some problems with water coming up under the ground in their basements when we receive alot of rain for several days. The building of these apartments could make this situation worse if they are built where there would be runoff water into our subdivision. Please consider all of the comments I have made before you make a decision about the apartments. The asphalt plant behind McDonalds on Orange Avenue also concerns me. It seems to me this would put out a bad odor and pollute the air. Tell me, would you like to have to smell an asphalt plant at your backdoor? You probably wouldn't, so please consider all the families in our neighborhood and know how very much we all object to the plans and how v~ry much we all value our property and want to breathe what clean air we do have. The last comment I have that I hope you will consider is that proper~y value in this neighborhood has increased just about every year for the last twelve years that we have lived here. Please do not let our property value start declining by putting these unwanted plans in our neighborhood. A concerned resident in Springtree, RECEIVED April 24, 1995 Margaret Overacre 2829 Richard Ave. Roanoke, Va. 24012 Roanoke City Rezoning/Planning Board 2]5 Church Ave. S.W. Roanoke, Va. 24012 To Whom it may concern: Contentement- ease of mind Congestion- to obstruct by over crowding The two words above are in my vocabulary, unfortunately they do not exist in Roanoke City. If the~ did, the Rezoning Board would never concider what they are about to do to my area. A complex with 46 units, industrial sites for a cable company and a asphalt plant. If Roanoke City wants to generate more revenue for the city and increase the population {lasts what this is all about) then you the persons on the board should live on or somewhere near King Street. I think if this was possible, the two words above would be very high on your own vocabulary list. t will close this letter by stating that I oppose the rezoning for the industries and the low income housing complex. Sincerely, Margaret Overacre Roanoke City Rezoning/Planning Board 215 Church Ave. S.W. Roanoke, VA 24011 RE C EIVE., The following three industrial/housing sites listed below have been brought before the Planning Commission for approval: 1. Re-zoning approval for a two acre lot on King Street next to Va. Transformer to industrial for a cable network company. 2. Re-zoning for a twelve acre lot to heavy industry off Rte. 460 behind the McDonald's and old Lowe's building for a large asphalt plant. 3. Approval for a low income apartment housing project in the Springtree subdivision behind Kroger on Rte. 460. I strenuously object to these projects on the following grounds: These areas are residential areas which are just beginning to realize property value gains for the residents and these projects will lower the value of those homes; the noise and environmental pollution will destroy the ambiance of the neighborhood; the changes will surely increase crime and traffic in the area. A much better use for this land would be single family housing similar to those already in the area. I sincerely hope that you will consider the feelings of the residents in the area and deny approval of theme projecte. Sincerely, Kathy~rds~ Roanoke, Virginia 2401 MAY 03 '95 09:46AM LOWES REAL ESTATE P.2~2 LOWE'S COMPANIES, INC. REAL ESTATE DEPARTMENT Box 1111, North W~lkesbom, NC 28656 (Street Address) - 1203 School St., Wilkesboro, NC 28697 May :~, 1995 Via Facsimile & Certified Mail - "Returt~ Receipt Requested" Mr. John R. Marlles, Agent RoanoKe City Planning Commission Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: 910/651-4329 Fax: 910/651-2616 Re: Branch Highways Request to Rezone Tax Parcel No. 7150102 From LM to HM Dear Mr. Mariles: We have reviewed your report and recommendation to the Planning Commission regarding the referenced project and wish to make you aware of our concerns. Lowe's owns:more prol3erty contiguous to the Branch parcel than any other entity. At present, a portion of our prope~ is used for a Contractor Yard facility, but is also being marketed to sell. Although the petitioner has proffered certain conditions to mitigate the exposure of the neighboring ownem~ we are conceme~l these do not adequately address our situation. Our areas of concern include: · insuffident sideyard setback · insufficient berm width at the noff. heast comer insufficient number and unspecified size of buffer plant material · unpaved internal areas · the necessity of rezoning the entire 11.673 acre tract when only a portion will utilized as HM Lowe's is willing to conditionally consent to Branch's petition based on the petitioner's willingness to adequately address our concerns. Mar7 Weiser Manager/Property Management SW CC: Ralph Shivers, President, Branch Highways Ms. Mary F. Parker, City Clerk Members of City Council, City of Roanoke Blue Ridge Concerned Citizens (BRCC) 195 Silverbirch Drive Blue Ridge, VA 24064 May 02, 1995 Roanoke City Planning Commission Gentlemen: I have been informed that several of my comments concerning Branch Highways, Inc. Asphalt Plant have been misinterpreted to your commission. I would like to set the record straight on several issues. I am not opposed to Branch's Asphalt Plant. The Blue Ridge Concerned Citizens are not opposed to Branch's Asphalt Plant. In fact, we have all tried to find a suitable site for the plant in Botetourt County. We are very disappointed that we did not have a suitable site for the plant. The main reason for our opposition was the fact that the only site available was on a narrow two lane road between our county's largest elementary school and our newest recreation park. This road is not suitable for the current traffic. It certainly would not take the additional traffic needed to support this plant. I was quoted by sources that I was concerned with fire hazards and smoke from the plant. I have reviewed the modern technology to be employed by Branch and am well satisfied that this is not a problem. I am personally very disappointed that this plant is not going to be located in Botetourt County as we need business here in our county. We do not, however, have the road infrastructure needed to support the traffic generated by this type of plant. I would be glad to answer any questions that you may have concerning the research that we have done concerning this plant. Ve~_~ yours, , Public Relations Spokesperson Blue Ridge Concerned Citizens ATTACHMENT D PI.,~N~ SX~E VXSX~ (URBAN ~h~XRONM~NT ~ & OPERATXON) City of Fair~aXvirginia 3400 Old Pickett Roa~ Falr~ax Circle, VA 22116 CITY OF TYPE pLANT HXSTOI~T: National Asphalt Box Merrifiel~, VA 22116 Telephone: 703-631-000% Cent&ct Person: Mr. Phil Fraeie= or Cont&¢t Telop~O: (703) 38S-7983 b ~ pl~t ~s ~ l~a~ witch t~is ~ig~s oz contzolli~ aut~A~io~ ~ ~vo oon~i~es to p~uce 100,000 + ye~ so~icew~clpal, ¢~c~&1 c~rclal o~ice ~ace, ~a retail c~tez~n 700 feet. Withi~ L/A~le o~ the ~ pX~t Al the p~es~igi~S ~/~ eximt~g ~~sXy ~~t conflict o~ co~lalnt. - BRANCH HIGHWAYS, INC. DRAFT ATTACHMENTE ROANOKE CITY PLANNING COMMISSION MAY 3,1995 MINUTES The regular meeting of the Roanoke City Planning Commission was held on Wednesday, May 3, 1995, in the City Council Chambers, fourth floor, Municipal Building. The meeting was called to order at 1:35 p.m. by Richard Jones, Vice Chairman. Present: John Bradshaw, Jr. (late) Gilbert Butler Kent Chrisman Barbara Duerk Richard Jones Melvin Hill Absent Carolyn Coles After Mr. Jones read the rules of procedure for the public hearing, the following items were discussed: 1. AD~roval of Minutes - April There being no additions and/or corrections, Mrs. Duerk made a motion to approve the minutes of the April 5, 1995, meeting of the Commission. The motion was seconded by Mr. Chrisman and approved 5-0. Branch Hi~,hways. Inc, Property located off of Lynn Brae Drive. N.E.. Tax No. 7150102 Rezone from LM to I-IM. conditional Mr. Don Wetherington appeared before the Commission on behalf of the petitioner. He stated that after last month's hearing on the matter, City staff as well as a Planning Commissioner had followed his suggestion to visit a similar asphalt manufacturing facility in Fairfax City, Virginia. He said that he would like to discuss all the considerations that might influence the Commission's thinking. He explained that Branch Highways was a major road builder in the Roanoke Valley and was recognized as one of the top 200 contractors in the country. He said that he was requesting that an approximately 11 acre site be rezoned from LM to I-IM, with very specific proffered conditions that would allow for the construction and operation of an asphalt manufacturing facility. He said that the property had been idle for many, many years. At this point in the meeting, Mr. Bradshaw arrived (1:40 p.m.) Roanoke City Planning Commission Page 2 May 3, 1995 Mr. Wetherington stated that the property in question was suited for this type of operation over any other site that he had seen. He said that an exhaustive site search had been done. Mr. Wetherington further stated that a trucking concern had already expressed some interest in the site, but he felt the asphalt manufacturing facility was a much better use for the property. He stated that if there was ever a "win-win" zoning proposal, he felt this request was it. He said that the proposal would allow an essential and worthwhile activity on a site that is suited for that purpose. He explained that the facility would cause no burden to the public at large, the residents, or the businesses in the immediate vicinity of the property. He said that on the plus side, the proposal would provide positive impact on the local economy by providing jobs and tax revenue, Mr. Wetherington said that the next question was whether or not the proposed operation or use would interfere in anyway with the those on surrounding properties who have a recognized right to use and enjoy their own property. He said that he had looked at six considerations: (1) impact on the environment; (2) site considerations (visual); (3) noise; (4) dust; (5) odor; and (6) traffic. He said that before commenting on the six considerations, he would like to discuss the nature of the operation and the setting that the site provided for the operation of the plant. He said that he had learned that the initial images of the asphalt plant were unfounded. He said that there was no justification for negative images at all. He said that on a drum mix type asphalt plant, all raw materials were brought to and stored in bins until they were mixed and they were mixed in a completely enclosed drum. He said that the material was stored in bins until delivery. Mr. Wetherington discussed the site layout and presented a color rendered of the proffered concept plan. He said that the amended plan showed more detailing of the paving that would be involved and the trees and plantings that would be on several sides of the site. He noted that the elevation of the grade was 20 feet higher than the elevation of the McDonald's parking lot and that the plantings on the berm were already partly in place. Mr. Wetherington also noted that he had revised proffers that he would be filing. Relative to odor, Mr. Wetherington stated that he did not know of anyway to quantify odor. He said that there would be no discernible odor to migrate across the property line. He said there were no vapors what would rise from the operation, except water vapor. He said that those who had seen the Fairfax operation would say that they could stand in the plant yard and not find odor to be an issue. He also said that he had visited adjoining property owners of the Fairfax facility and had questioned them about the odor and had been told that there were no offensive odors or nuisances with the operation. Relative to the visual impact of the site, Mr. Wetherington noted that the actual manufacturing process would not be seen from any location. He said that he did not want Roanoke City Planning Commission Page 3 May 3, 1995 the plant to be offensive and it was not. He said that the top of the berm would be 20 feet above plant level and that there would be extensive trees and conifers on the berm. He said that he had looked at the existing tree line and once the berm was constructed, he felt that if any part of the silo would be visible from any location, it would only be the very top of the silo itself. He said that he had driven to the Wildwood residential area and looked over to the area and he could not see the balloon that had been sited to represent the height of the silo. He noted that he could, however, see the commercial activities on Route 460 from the Wildwood area. Mr. Wetherington said that he had considered traffic. He said that Branch estimated that possibly 200 trips would be generated by the operation during peak activities. He said that 200 vehicular trips on Route 460 did not represent an appreciable difference. He said that the trips represented the delivery of aggregate to the site and the product away from the site. He said that he assumed the demand for asphalt would be met and a fixed number of trips of aggregate would be delivered and a fixed amount of asphalt would be delivered, regardless of where the operation was located. I-Ie said that it was not fair to consider that the operation was going to increase the number of trips in and around the area by 200 because that just wasn't so. He also noted that the Statesman Park and the highways in the area had been designed for this type of traffic. Relative to environmental concerns, Mr. Wetherington stated that this type of operation was strictly regulated and periodically monitored. He said that there were published particle emission standards and it was well established that particular emission from a plant of this type was less than 10% of the allowable maximum. He said that there would be some production of heat and water vapor and an occasional discernible plume with water vapor only. He said there were no non-toxic materials that were used or produced, either as a direct- or by-product. He said there would be no contamination and the finished asphalt product, even if it were to spill, tended to congeal once it hit the ground because of the difference in temperature. He said there was no danger or threat to the groundwater, the earth or the environment. He said that he felt there had been a certain amount of misinformation that had been generated and passed along in connection with the proposal. He said that he understood that individuals had questioned whether benzene would be produced. He said that he had a letter from Shell Oil Company, whom he considered an authoritative third party source, which negates the information relative to benzene. He said that benzene was not an issue. Mr. Wetherington said that someone had questioned whether carbon monoxide was a by-product and might somehow threaten the surrounding area. He said that it was fair to say that carbon monoxide in some quality was always produced in connection with combustion of any type. He said that from the studies he had seen, and authoritative published results of analyses of these types of operations, carbon monoxide, if produced at all, would not be measurable. Roanoke City Planning Commission Page 4 May 3, 1995 On the subject of dust, Mr. Wetherington stated that in the visit to the Faiffax plant, dust had been detected. He said that dust would not be a factor at the Roanoke plant because truck traffic would be using paved roadways, as opposed to gravel ones used in Faiffax. He said there would be no dust produced by the manufacturing operation because everything was done in enclosed bins. He said that the berm and plant material would also mitigated any dust if it was produced at ail. Relative to noise, Mr. Wetherington stated that was measurable. He noted, however, that in visiting the Fairfax plant, noise had been a non-event. He said that there would be no noise generated at the proposed site. Mr. Wetherington said that he had not found any reason why the proposal would be expected to be bothersome to anyone around it in any respect. He said that in his experience in zoning and land use work, there was almost always some consideration that had to be minimized or explained away. He said that there was no problem with this request. He said that some of ~he misinformation that might have been generated in the area might have arisen from activities in Botetourt. He explained that Branch Highways had looked at a site in Botetourt County, but had not pursued a site there because of the road conditions. He gave Commission members a copy of a letter from .Stephen C. Rossi, Public Relations SP0kesperson for the Blue Ridge Concerned Citizens, who stated his comments had been misinterpreted relative to the Branch Highways asphalt plant. A copy of Mr. Rossi's letter is attached to these minutes and made a part thereof. Mr. Wetherington then read the letter from Mr. Rossi. Mr. Wetherington detailed Branch Highway's concern for the nearby property owners, noting that he had talked with all adjoining property owners and heard no objection. He said that he had gone to great lengths to get the truth out to the adjoining property owners and had felt that if they were comfortable, he was not sure where to go from there. He further stated that he had received some calls from residents of the area and he was pleased to go over the request with them. He also stated that. he had made an effort to reach the Wildwood residential area through Mr. Stroop. Mr. Wetherington said he had tried to reach those that spoke at last month's hearing on the matter. He said that it had also come to his attention that residents in Roanoke County had raised some questions and concerns. He said that he had contacted the county supervisor for the Hollins area,~ as well as the head of economic development in Roanoke County to discuss the proposal. He noted that he had also spoken with Ms. Carolyn Johnson, representing the LaBeltevue subdivision who had been very cooperative and had tried to set up a neighborhood meeting. Mr. Wetherington said that Branch Highways was a hometown company and resident of the City itself. He said that it had a reputation for integrity and quality. He said that he had done everything he could Roanoke City Planning Commission Page 5 May 3, 1995 reasonably be expected to do and he asked for the Commission's favorable consideration of the request. Mr. John Marlles gave the staff report on the request. He said that initially staff had had a number of concerns relating to the proposed use of the site; i.e., screening and buffering from adjoining property; traffic and access; and possible odor, noise and dust. He said that following the public hearing in April, he had received numerous calls, primarily from residents of the LaBeIlevue subdivision in the County and from residents living in the City along King Street, noting concerns with benzene and potential fire hazard. He said he felt most of those concerns had been addressed thoroughly. He noted that as far as a potential fire hazard was concerned, he had contacted the Roanoke City Fire Department and been assured that as long as the plant was constructed to Virginia Fire Protection Code standards and BOCA standards, the facility did not pose a fn'e ha?axd. Mr. Marlles said that he would like to elaborate more on the trip that he, Vice Chairman Jones, and Phil Sparks, the City's acting chief of economic development, had made to the Fairfax City plant. He said that the proposed facility would be very similar to the Fairfax facility. He noted, however, that the Fairfax facility was located on a 2+ acre site, while this facility was proposed for an 11 + acre site. He said that he had found similar surrounding land uses, with the exception of a residential development within 350 of the Fairfax plant. He said that the closest residential development to the Branch site was some 1,650 feet, in the Springtree area and 4,800 to 6,000 feet in the LaBellevue area in the County. Mr. Marlles said that they had toured the Faiffax plant and interviewed the plant manager. He noted that the Fairfax plant site was not paved, but graveled, and some dust was generated by trucks traveling across the graveled roadway and parking lot. He said they had observed no dust from the actual operation. He also noted that they had randomly talked with approximately 15 business owners, employees and residents living and working in the area surrounding the plant and many were not even aware of the operation. He said that several people defended the plant and were even defensive about speaking to him about it. He said that the only concern they heard was about the dust. He noted that odor was never mentioned. Mr. Marlles further commented that he had contacted the City of Fairfax Planning and Economic Development offices and had been told that no concerns or complaints had been registered concerning the plant. Mr. Marlles also stated that he had talked with the Botetourt County officials relative to the proposal in Botetourt County and had been told that the primary concern had been that the roads providing aCCess to the proposed site under consideration were inadequate. Roanoke City Planning Commission Page 6 May 3, 1995 Mr. Marlles stated that staff recommended approval of the request. He said that the information provided by the petitioner and the proffered conditions, as well as the amended site plan, addressed the concerns that had been identified by staff. He said that he had met numerous times with the petitioner and the proffers had been worked out to staff's satisfaction. Mr. Talevi stated that he had questions about two of the proffers. He said that proffers cut back on the rights of the developer and were not intended to bind City Council or the Zoning Administrator. He said that proffers must be enforceable by the zoning administrator. He referred to proffer 4A, noting that the first part, :"The property will be used only as a manufacturing establishment primarily engaged in the manufacture, assembly, mixing, processing or other process related to the creation of asphalt" was f'me because it stated the use which the petitioner promised to use the property for. He noted, however, that problem was in the last clause, "together with all accessory uses, including sales and administrative activities." He said that the developer was trying to protect his rights as far as use of the property was concerned, and he could understand that, He noted, however, that it was not appropriate to put that in the form of a proffer because it was an attempt to bind the hands of City Council and the Zoning Administrator. He said that under Section 36.1-530, the principle use also includes accessory uses, which are defined in the zoning ordinance. He said that if a developer wanted to protect himself and insure that it can engage in sales and administrative activities, than the developer can get a zoning verification from the Zoning Administrator. Mr. Talevi then referred to end of Proffer 4B, which stated - existing trees and plantings, may, but need not be disturbed or moved. He said that was not an enforceable clause, but an attempt to preserve the developer's position. He said that those two clauses should be stricken from the proffers. Mr. Bradshaw said that both proffers were redundant. Mr. Wetherington said that he had a different reading than Mr. Talevi. He said that he was not trying to tie anyone's hands but he wanted to make sure that since he was specifying the type of activity he would be able to include the sales and administrative activities.' Mr. Marlles stated he would be glad to give him a letter to that effect from the Zoning Administrator. Mr. Wetherington then commented on the trees and plantings. He noted that he did not understand the enforcement question. He said that he wanted to make sure that the trees Roanoke City Planning Commission Page 7 May 3, 1995 presently on the site could remain and not be replaced by the plantings specified on the proffered site plan. There was discussion relative to this clause by members of the Commission. It was noted that the landscaping issues would be reviewed under site plan review by City staff and it was further noted by Mr. Wetherington that he wanted to make it clear that the proffer of the particular plantings on the berm would not be construed to mean that the other plantings would be cleared. Mrs. Duerk asked if any citizens had made the Fairfax trip. Mr. Marlles responded that he had contacted Mr. Roy Stroop,. president of the Wildwood Civic League and had tried to get four different citizens to accompany him on the trip. He said that because of scheduling conflicts, no one had been able to go. Mrs. Duerk asked if anyone knew the date of construction of the Fairfax plant. Mr. Marlles said that the plant had been there at least since 1984. He said that the proposed facility would .be more modern than the plant which they visited in Fairfax. Mr. Jones then opened the floor for discussion from the audience, noting that anyone desiring to speak must register and would be given three minutes to make remarks. Ms. Virginia Rhodes (3258 Richards Avenue, N.E.) appeared before the commission and stated that she did not want the change from light industry to heavy industry. She mentioned the construction of the civic center and the recent renovations of the Hotel Roanoke and the possibility of the gateway to Roanoke becoming lined with heavy industry. She said that the property was valuable, but not as an asphalt plant. She said that she was opposed to it. She further stated that she was from the Wildwood Civic I.eague and Mr. Stroop was not representing her. She said that she admired Branch for wanting to build something, but she did not want it at this location. Ms. Rhodes also mentioned the Adams construction company and the traffic that would be put on Route 460. She asked the Commission not to approve the request. Mr. Jim Phillips (3516 Brookrun Drive, N.E.) appeared before the Commission and stated that lie felt his neighborhood would be adversely impacted by the proposed rezoning. He said that the people of his community were middle to lower middle class people who had worked hard and yet struggled to purchase a home. He said that he was also speaking for a Mrs. Zimmerman who was also opposed to the rezoning. He said that the danger in producing and handling this material had been misrepresented to everyone. He said that he Roanoke City Planning Commission Page 8 May 3, 1995 would be quoting from a material safety data sheet put out by Shell Oil. He noted that "breathing the asphalt aerosol or asphalt smoke for protracted periods of time has produced damage to the lungs of mice. Among the changes observed were bronchitis, pneumonifis, and abscess formation. Asphalt fume condensates have been known to produce a tumorigenic response when repeatedly applied to the skin of experimental animals. The relevance of this data to humans is not known at this time." were stated on the data sheet. Mr. Phillips further commented that the Honeytree Eariy I-earning Center, 500 yards up the street, did not know anything about this request. He stated that he had talked with them and found out there were 140 children who played outside. He read other information from the data sheet relative to hydrogen sulfide, which he felt was of concern to the children at the day care center. He asked what the long-term effect would be on the children. Mr. Phillips also mentioned those chemicals which could not been seen or smelled and asked what impact they would have. Mr. Phillips also discussed the fire hazard and said that you could not use water to put out a chemical fire. He said that he talked with the City fire department and was told that a dry chemical or foam would have to be used. He said that he asked if the City had enough of the chemicals or foam to fight such a fire and was told that it the facility burned it would make national news. He said that the only track the City had that was large enough to fight such a fire was a foam track at the airport. He also commented on the fumes that would be produced by such a fire. Mr. Phillips also questioned Honeytree on how they would evacuate in case of fire and was told they Would do it in shifts. Mr. Phillips further commented on the remarks from Mr. Rossi. He stated that Mr. Rossi had previously been a vice president of Branch Highways and he was concerned about the comments Mr. Rossi had made in the newspaper when he spoke adamantly against the proposal. Mr. Phillips further stated that he had met with Mr. Shivers of Branch Highways and had listened to the issues. He said that he had asked Mr. Shivers for a materials data sheet, had been given one, but had been asked not to distribute the information. In conclusion he asked that the Commission deny the request. Mr. Bradshaw asked that the data sheet be placed in the file. Mr. Obediah Overstreet (3203 King Street, N.E.) appeared before the Commission and stated that his residence was surrounded by industry, with Tultex on one side and Vitramon on the other. He discussed the problems associated with the Vitramon site and noted that he was sure this site would produce the same problems; i.e., noise, lack of buffering, and traffic. He said that traffic in the area was out of control and he did not think the plant was needed in the area. He said he was opposed to the request. Roanoke City Planning Commission Page 9 May 3, 1995 Mr. Buddy Davis (#I Homestead Lane, N.E.) appeared before the Commission and stated that he lived in the County, down wind of the proposed plant. He said he was concerned about the odor. He questioned the Commission and applicant about access to the proposed site. He stated that there was a landfill in the area and advised the Commission that they had traveled across the cap of the landfill when they had visited the property. Mr. Bradshaw responded that it was proposed to come off of Mary Linda Avenue. He said that he did not think the access would go across the landfill. Mr. Don Wetherington appeared before the Commission and stated that a condition had been proffered that truck access to and from the Site would beby way of Statesman Industrial Park. He said that the access from a point at the terminus of Mary Linda was one possibility and there were other options available. He stated he was aware the landfill was there and understood that all applicable rules and regulations would have to be met and complied with in orde~ to enjoy the access. He said he was working on that. He said there would be no asphalt plant if there could be no access for the trucks to and from the plant by means of Statesman Park. Mr. Davis said that he would be contacting appropriate state agencies in reference to the landfill once he left the meeting. He said he knew everyone drove across the cap of the landfill and according to regulations that was not allowed. Mr. Ray Barbour (682 Montrose Avenue, S.E.) appeared before the Commission. He stated that he did not live in the area, but lived in a section that had industry which produced an odor for 30-40 years. He commented that he did not understand how no dust could be produced and he foresaw problems unless there were guarantees. Mr. Noel Levan (3306 Dogwood Hill Road, N.E.) appeared before the Commission and stated that he was concerned about storm water runoff from the proposed plant. He said that anytime construction or development took place there was potential for runoff to increase in low lying areas. He noted that he was also concerned with the type of runoff. He said that King Street was in the flood plain and already had inadequate sewer systems. He said that any additional development would add to the runoff problem. He said he would like to know how that would be addressed. He said that in looking at the plans he could not see any arrangements for a drainage system. Mr. Butler advised Mr. Levan that the plans were conceptual in nature and asked Mr. Marlles to briefly describe the drainage policy. Roanoke City Planning Commission Page 10 May 3, 1995 Mr. Marlles stated that storm water management was handled by staff during the development plan review stage of a development. He said that the developer would be required to provide on-site storm water detention. He also noted that the City had a "O" runoff policy which means that no more runoff can come off a site after development than was already being produced on site. Mr. Tim Lipteck (3269 Richards Avenue, N.E.) appeared before the Commission and stated he was interested in having a peaceful and enjoyable place to live for a long time coming. He said that he disagreed with the time limit and the meeting time because it was inconvenient to those who worked. He said that the statements made that there would be no impact to anyone in the area were false and he objected to the request. He said that the rezoning was objected to in Botetourt County because the people did not want the plant there. He said that the plant served no profit to the citizens and in the long run it would not satisfy the people paying taxes in the City. He said that common sense would tell you there would be odors and the potential for dust was there. ' He said there would be noise and there would be traffic. He said that the number of trucks on the road would not help the traffic situation. He further stated that runoff and flooding were other issues. He said that the statement that the materials would not be toxic was not true. He said they would be toxic and would harm anything that consumed them. I-Ie said there would also be a decrease in property value in the residential areas. He noted that the whole issue was money. He said that the area should not be heavy industrial and personally saw no reason for it because it did not benefit him. Mr. Roy Stroop (President of the Wildwood Civic League) appeared before the Commission and stated that he had asked the civic league if they had wanted to take any action on the request, either pro or con. He said that it had been decided to leave it to the neighborhood people to decide. He said that he could not represent the civic league on the issue. He said that he was present as a private citizen and was neutral on the request. He said that he had received calls from people who were both in favor of and opposed to the request. Mr. Jones adjourned for 5 minutes before action was taken. At the end of the recess, Mr. Jones noted that public comment was closed and asked for Commission comment. Mr. Bradshaw stated that it seemed there were very emotional opinions in the audience and he did not know the causes of it. He said that it seemed to be rooted in a lot of misconceptions. He said that one misconception was the fumes. He noted that the same warning was on the gas pumps people used when filling up their car. He also talked about the misconception relative to the fire haTard. He noted there was more asphalt going down Roanoke City Planning Commission Page 11 May 3, 1995 the railroad tracts on a regular basis than would every be stored on the site at one time. He said there were fire protection systems for this type of plant and he was sure Branch would have some type of fire protection system. He also noted that the likelihood of an asphalt plant fire was few and far between. He said that a fire from petroleum tank farms, like those in the area, was much more' likely to happen. Mr. Bradshaw compared the citizen opposition to this request to that of the trash transfer station on Hollins Road. He said that in the beginning people had voiced the same concerns, in an even stronger manner about odor, traffic, dust, unknown toxins, lower property values once plans for the transfer station had been revealed. He said that to date he has not heard one complaint about the facility. Mr. Bradshaw also noted that it had been pointed out that the site was next to a landfill. He said that it was incomprehensible to him in today's time that a developer would be allowed to put the landfill on the site. He said that the landfill was a detraction and there was no way any motel, hotel, shopping center or housing would be developed on the site under consideration. He said that for planning purposes, something compatible to a landfill needed to be developed on the property. He said that he felt the asphalt plant would be a use that would not cause any harm. Mr. Bradshaw said that the first speaker had said that heavy industry would be allowed along the entire strip. He said that was not happening and that the rezoning was for a single parcel of land to use it for a very restrictive heavy manufacturing utilization. He said that any other utilization of the site would have to come back to the Planning Commission and go through the same process. He said there was no intention on the part of the Planning Commission to expand the zoning for any other heavy manufacturing usage. He said that if a use could be found that could go on top of the landfill, then he might be inclined to look at it. He said that residential or commercial development could not go in an area with a landfill. Mr. Bradshaw stated that the proposed plant was not the same as those built 20 years ago. He said that with the environmental requirements that were currently imposed on the industry, the City of Roanoke would not find the proposed plant objectionable. He said that he did not understand the heavy opposition to the request. He said that the day care center was over almost a quarter of a mile away. He said that in his engineering judgement imagine any sort of activity that would occur at the plant that would in anyway be identified at the day care center. He said that he heard the objection, but was not convinced with the arguments. He said that he thought the objections were more emotional and based on a lack of understanding of the impact the plant would have. He said he felt the request was in the best interest of the City and that Branch should be allowed to place this modern facility on the site. Roanoke City Planning Commission Page 12 May 3, 1995 Mrs. Duerk stated that one concern she had heard today was noise, and asked if there was any restriction on the hours of operation. Mr. Marlles responded that there was no proffer in the current petition dealing with noise. He said that based on the site trip to Fairfax, there was no noise detectable off-site. He said that the Roanoke site contained 11.6 acres and was much further away from its perimeter. He said that noise had not been an issue based on comments from interviews with citizens. Mr. Bradshaw said that he thought it was safe to say that there would be activity at the plant during the evenings because late at night was when paving was done on major highways. He said that he would hate to see a restriction on night operations. Mr. Jones said that he had visited the site in Fairfax while it was in operation. He said that he coUld not detect any odor of asphalt, except when he was standing three to four feet away from the trucks as they were being loaded. He said there was no noise on site and he had heard no comments from the people he interviewed about noise. He noted that the amount of additional traffic was minuscule to what was already o'n the roadway now. There being no further discussion, Mr. Bradshaw moved to approve the request as proffered. The motion was seconded by Mr. Hill and unanimously approved by roll call vote. Mr. David Helscher, Ford. He said that 1993 and had been c said that the structure the property was zoned the uses had not always been had attached letters of support appeared before the Commission on behalf of Mr. and Mrs. had purchased and renovated the structure on Dale Avenue in home improvement business under a special use permit. He Avenue had always been a commercial building, even though He said that unfortunately for the neighbors in the area, neighborhood. Mr. Helscher stated that he the rezoning to his amended petition. Mr. Helscher further stated that which had not been included meeting. He said that he had had an ~ Ford had talked with the people in the of discussions with staff and the the fence location from 4 inches to time of his initial filing there had been certain proffers had been continued until the May Commission ~ to address some of the concerns and Mr. 1 and told them his plans. He said that as a result an amended petition had been filed, changing Relative to expansion, Mr. Helscher noted that c x T. ROANOK ATTACHMENT F x N'X' :RD -PARWM : T DATE: TO: FROM: SUBJECT: April 26, 1995 John R. Marlles, Chief, Planning & Community Development Robert K. Bengtson, P.E., Traffic Engineer~ Branch Rezoning Traffic Analysis for Branch Highways, Inc., Rezoninq Site: Current Zoning: Proposed Zoning: Proposed Use: Employees at Site: Hours of O~eration: Proposed Traffic Generation: Traffic Distribution: Existinq Traffic: Other Facilities: 11.673 Acres has potential to generate 600 trips/day (300 in/300 out) according to the ITE Tri~ Generation HM has potential to generate 450 trips/day (225 in/225 Out) according to the ITE Tri~ Generation manual. Hot-Mix Asphalt Plant Five (5) 7:00 a.m. - 6:00 p.m. (but varies according to individual project requirements). 200 trips (consistent with HM Zoning) 60% west of Granby/40% east of Granby Route 460 - EB - 23,507 ADT Route 460 - WB - 20,858 ADT Percent trucks - 18% Trip generation comparison with other area asphalt plants during full production: North 11 Plant/Adams - Potential for 100 trucks in and 100 trucks out. Blue Ridge Plant/Adams - Potential for 100 trucks in and 100 trucks out. Rockydale Plant/Adams - Potential for 100 trucks in and 100 trucks out. Rockydale Plant/Draper - Potential for 140 trucks in and 140 trucks out. West Salem Plant/Sawyer - Potential for 100 trucks in and 100 trucks Out. REcEIvI C!,rY OF ~ O,:~k3KE CO~,,~UM h,' g't~ VF-LOPU, E,N7 BRANCH [ iHNIcG,HWAYS P.O. Box 40004 · Roanoke, Virginia 24038-0064 ATTACHMENT G STREET ADDRESS: 442 Ruthedord Avenue Roanoke, Virginia 24016 Phone: (703) 982-1678 Fax: (703) 982-4217 April 25, 1995 Mr. John A. Marlles Chief of Planning and Com~nunity Development City of Roanoke 215 Church Avenue, Rm. 162 Roanoke, Va. 24011 Re: Asphalt Plant Zoning Dear Mr. Marlles, Thank you for the time you have taken to visit an asphalt plant site in Fairfax, to better understand our proposed site use. I hope the visit has satisfied some of your concerns regarding odor and coexistance with neighbors. The following information is submitted to include in your report to satisfy other concerns that have been mention by you or others. Environmental and regulatory control: I enclose herewith a list of regulatory agencies that will regularly inspect our site to give you assurance that the quality of operation will be maintained over time. Dust control: Unlike the plant that we observed in Fairfax, the traffic areas of our plant site will be paved thus minimizing dust. The storage bins will be separated by wind panels to eliminate dust from cross winds while dumping and in storage. Benzene: There are no benzene by-products produced by this operation. Nighttime operations: No nightime operations are planned as normal working hours, and if projects call for nighttime laydown, the storage bins allow for advanced production. This allows for finished product to be delivered to a project without running the plant. Nighttime lighting: This plant would require little in the way of nighttime lighting other than that on equipment which operates below the berm shield. Also, this is a highly commercial area, any lighting would not be noticed by neighboring businesses. I am available to answer any other questions you may have. ASPHALT INDUSTRY ENVIRONMENTAL REQUIREMENTS Since the early 1970's environmental and safety controls imposed on industry have dr&matically increased. The Clean Air Act, the Clean Water Act, oil discharge prevention requirements, sto~mwater controls and waste handling re~uletions have ell been recently imposed on private industry and have si~nificantly increased operating costs· The breadth and scope of the implementation of all of these environmental controls by industries such as the asphalt industry should provide the general public with some assurance that the land, air and water are now being carefully protected. Some of the environmental protection requirements imposed on a typical asphalt plant today include the following: 1. Clean Air Act Title V air operating permit- Will require asphalt plants to control emissio~s of pollutants at very low levels. Inspections are routinely conducted by the Department of Environmental Quality (DEQ) to assure compliance. Virginia pollution discharge elimination system (VPDES) permits - Any asphalt plant that discharges process water must have a VPDES permit and meet strict water pollution control requirements. Inspections are conducted by DEQ to assure compliance. ~eneral stormw&ter permits - All asphalt plants must obtain this DEQ permit and control the quality of rainfall runoff fro~ the plant site. Underground oil storage tank program - Any underground oil tanks must be registered with DEQ with routine tightness tests and spill prevention equipment installed. Above ground oil storage tanks - Asphalt plants are required to sul~nit oil discharge contingency plans to DEQ which are designed to prevent any oil spills from 4~.&cting surface or ground water· Emergency Planning and Co=~unity Right To Know Act Asphalt plants must provide local emergency response officials with information on any hazardous products stored or used on site. Page 2 Hazardous Materials Transportation Act - Drivers must be trained and certified to handle hazardous wastes. Rules must be followed on record keeping, loading and unloading, storage and shipping. Occupational safety and health requirements - Extensive requirements must be met to ensure that workers at asphalt plants are protected from exposure to fumes, noise, workplace hazards, unsanitary conditions and a host of other worker risks· In s,,~"mry, asphalt plants are subject to extensive environmental and safety regulations. The people working at these facilities as well as any nearby residents should feel that their health and well-being is not in anyway being threatened by these operations. Shell Oil ComiC,,v ~ ATTACHMENT H Oae ~ll ~z~ t"'.O. ~x 5-8-95 Council Misc. May 8, 1995 Mayor Bowers and Members of Council: Ms. Martha Hartley, a resident of the King Street, N. E. area, called to express opposition to the request of Branch Highways, Inc., to rezone property in the vicinity of Lynn Brae Drive and Statesman Industrial Park for an asphalt plant. Ms. HaRley stated that the traffic congestion in the area is already bad enough and that the road will not accommodate the additional traffic that will be caused by the 200+ trucks a day to and from the plant. Sandi Eakin 5-8-95 Council Misc. RONALD L. TILLE'FT' TREASURER OF VIRGINIA COMMONWEALTH of VIRGINIA Department of the Treasury D,v,S,ON Or ONCL^,UEO.ROVE.W P 0 BOX 2478 RICHMOND, VIRGINIA 23207-2478 (804) 225-2393 1~0~a8-1088 May 5, 1995 FAX (804) 786-4653 TDD 371 ~2JA Mary F. Parker, CMC/AAE City Clerk City of Roanoke 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 RE: Publio Hearing of May 8, 1995 File #51 Dear Ms. Parker: This letter is to acknowledge receipt of your letter dated April 24, 1995 concerning a public hearing on a request from Branch Highways, Inc. to rezone LM, Light Manufacturing District to HM, Heavy Manufacturing District. The Code of Virginia § 55-168 through § 55-201.1 provides no authority for this office to concur with the rezoning. Therefore, there will not be a representative from the Department of the Treasury in attendance. If you have any questions, please call me on the toll free number listed above or at (804) 225-3156. Sincerely, Vicki D. Brldgeman Acting Director c: G. David Nixon, Escheator city of Roanoke UNEL~IMED PROPERTY RONAI.D I. TILLLgTT TREASURER OF VIRGINIA TEL:804-786-4655 Ma~ 05'95 10:00 No.O05 P.O~ ~l:~%[-~lt bfalld lax transmittal memo 767/ ~. . I ~. COMMONWEALTH of VIR( INIA Department of Treasury o,v,s . Mary F. Parker, C~4C/AAE City Clerk City of Roanoke 215 Church Avenue, S. W., Room 456 Roanoke, Virginia 24011-1536 Dear Ms. Parker= This letter is to acknowledge receipt of your letter dated April 24, 1995 concerning a public hearing on a re~ueet from Branch Highways, Inc. to rezone LM, Light Manufacturing District to HH, Heavy Manufacturing District. The Code of Virginia S 55-168 through S 55-201.1 provides no authority for t~is office to concur with the rezoning. Therefore, there will not be a representative from the Department of the Treasury in attendance. If you have a~y questions, please call me on the toll free number listed above or at (804) 225-3156. Slncerely, Vickz D. Bridgeman Acting Director c: G. David Nixon, gscheator City of Roanoke MIqY-~-1995 10:11 804 ?86 4653 P.01 LOWE'S COMPANIES, INC. REAL ESTATE DEPARTMENT ~ Box 1111, North Wilkesboro, NC 28656 (Street Address) - 1203 School St., Wilkesboro, NC 28697 May 2,1995 Via Facsimile & Certified Mail - "Return Receipt Requested" Mr. John R. Marlles, Agent Roanoke City Planning Commission Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Phone: 910/651-4329 Fax: 910/651-2616 Re: Branch Highways Request to Rezone Tax Pamel No. 7150102 From LM to HM Dear Mr. Marlles: We have reviewed your report and recommendation to the Planning Commission regarding the referenced project and wish to make you aware of our concerns. Lowe's owns more property contiguous to the Branch parcel than any other entity. At present, a portion of our property is used for a Contractor Yard facility, but is also being marketed to sell. Although the petitioner has proffered certain conditions to mitigate the exposure of the neighboring owners, we are concerned these do not adequately address our situation. Our areas of concern include: · insufficient side yard setback · insufficient berm width at the northeast corner · insufficient number and unspecified size of buffer plant material · unpaved internal areas · the necessity of rezoning the entire 11.673 acre tract when only a portion will utilized as HM Lowe's is willing to conditionally consent to Branch's petition based on the petitioner's willingness to adequately address our concerns. Mary Walser Manager/Property Management SW cc: Ralph Shivers, President, Branch Highways Ms. Mary F. Parker, City Clerk Members of City Council, City of Roanoke 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 May 5, 1995 File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: 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 Donald L. Wetherington, Attorney, representing Branch Highways, Inc., requesting that a tract of land located at the northwest terminus of Lynn Brae Drive, N. E. (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, described as Official Tax No. 7150102, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/branch Enc. Carolyn Hayes-Coles, Chairperson May 5, 1995 Page 2 The Honorable Mayor and Members of the Roanoke City Council Donald L. Wetherington, Attorney, P. O. Box 90, Roanoke, Virginia 24002 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney 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 April 24, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk Donald L. Wetherington, Attorney P. O. Box 90 Roanoke, Virginia 24002 Dear Mr. Wetherington: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, Apdl 6, 1981, I have advertised a public hearing for Monday, May 8, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Branch Highways, Inc., that a tract of land located at the northwest terminus of Lynn Brae Drive, N. E., (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, described as Official Tax No. 7150102, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing and an Ordinance with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 981-2431. It will be necessary for you or a representative to be present at the May 8 public hearing. Failure to appear could result in a deferral of the request for rezoning until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Donald L. Wetherington April 24, 1995 Page 2 pc: Kenan Transport, c/o Earl Cowan, Property Accountant, P. O. Box 2729, Chapel Hill, North Carolina 27515 Messrs. Jeffrey L. and Alan K. Mitchell, c/o Duofast Mid Atlantic, 9001 Mendenhall Court, Columbia, Maryland 21045 Mr. and Mrs. Randall Z. Hodges, P. O. Box 12414, Roanoke, Virginia 24025 Design Associates, c/o Mr. David Vaughan, P. O. Box 14780, Roanoke, Virginia 23227 Mr. Frank W. Martin, P. O. Box 20073, Roanoke, Virginia 24018 Workman Oil Co., P. O. Box 566, Forest, Virginia 24551 McDonald's Corporation, c/o MKG Enterprises, 320 Wildwood Road, Salem, Virginia 24153 Lowe's Investment Corp., Tax Department, P. O. Box 1111, North Wilkesboro, North Carolina 28656 City of Roanoke, cJo Gordon E. Peters, Treasurer, 215 Church Avenue, S. W., Roanoke, Virginia 24011 Yellow Properties, Inc., 10990 Roe Avenue, Overland Park, Kansas 66207 Mr. Sherman J. Conner, et als, 4128 Mockingbird Hill, N. E., Roanoke, Virginia 24012 Mr. David R. White, 1513 Seibel Drive, N. E., Roanoke, Virginia 24012 Crestar Bank, c/o Accounting Department, P. O. Box 13888, Roanoke, Virginia 24038 Commonwealth of Virginia, Department of Treasury, Division of Unclaimed Property, P. O. Box 3-R, Richmond, Virginia 23207 NUMBER - ~+ Z 19007~) PUBLISHER*S FEE- W ETHER INGTON/MELC HI ONNA 1100 CRESTAR BANK 6LOG P 0 BOX 90 ROANOKE VA 24002 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNED) AN AUTHORIZED REPRESENTATIVE OF THE TIMES-WORLD COR- PORATION, WHICH CORPORATION IS PUSLISHER OF THE ROANOKE TIMES & WORLD-NEWS, A DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN THE STATE OF VIRGINIA, O0 CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHEO IN SAID NEWSPAPERS ON THE FOLLOWING DATES 04/21/95 MORNING 04/28/95 MORNING WITNESS, THIS 3~I.L 1995 ~UTHORIZEO 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, May 8, 1995, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, $.W., on the question of rezoning from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, the following property: A tract of land lying at the northwest terminus of Lynn Brae Drive (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park, and bearing Official Tax No. 7150102, 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. Ail parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 1Qth day of April , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and Worid-News, once on Friday, April 21, 1995, and once on Friday, April 28, 1995. Send publishers affidavit: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Donald L. Wetherington, Attomey P. O. Box 90 Roanoke, Virginia 24002 PERTAINING TO THE REZONING REQU .FT~T OF: ,,: i Branch Highways, Inc., on Lynn Brae Drive, N.E., off Rte. 460 from LM to HM, Conditional COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) )AFFIDAVIT parcels listed below at their last known address: Parcel 7140117 7140118 7140119 7140120 7140121 7150101 Owner. Aeent or Occupant Kenan Transport c/o Earl Cowan, Property Accountant Jeffrey L. and Alan K. Mitchell c/o Duofast Mid Atlantic Randall Z. and Alicia Hodges Design Associates c/o David Vaughan Frank W. Martin 7150113 Workman Oil Company 7150110 7150107 7150109 7210103 7210105 7190501 McDonald's Corporation c/o MKG Enterprises Lowe's Investment Corp. Tax Department City of Roanoke Yellow Properties, Inc. 7190502 Sherman J. Conner, et als Address P. O. Box 2729 Chapel Hill, NC 27515 9001 Mendenhall Court Columbia, MD 21045 P. O. Box 12414 Roanoke, VA 24025 P. O. Box 14780 Roanoke, VA 23227 P. O. Box 20073 Roanoke, VA 24018 P. O. Box 566 Forest, VA 24551 320 Wildwood Road Salem, VA 24153 P. O. Box 1111 North Wilkesboro, NC 10990 Roe Avenue Overland Park, KS 66207 4128 Mockingbird Hill Roanoke, VA 24012 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 April, 1995, notices of a public hearing to be held on the 3rd day of May, 1995, on the rezoning captioned above to the owner or agent of the 7140122 David R. White 1513 S~'lb~l Drive, NE Roanoke, VA 24012 7200104 Crestar Bank c/o Accounting Department P. O. Box 13888 Roanoke, VA 24038 7200103X Commonwealth of VA Dept. of Treasury Division of Unclaimed Property P. O. Box 3R Richmond, VA 23207 'l~Iartha Pace Franklin SUBSCRIBED AND SWORN to before..,me, a, Notary Public;~ the City of Roanoke, Virginia' this 2nth day °f April' 1995/~ j/~Z My Commission Expires: d~/~/, ~?~ /~7 / v 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 April 4, 1995 File #51 Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended petition from Donald L. Wetherington, Attorney, representing Branch Highways, Inc., requesting that a tract of land containing 11.673 acres, more or less, located at the northwest terminus of Lynn Brae Drive, N. E., and abutting the eastern boundary of Statesman Park, described as Official Tax No. 7150102, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/branch Enc. Carolyn Hayes-Coles, Chairperson April 4, 1995 Page 2 pc~ The Honorable Mayor and Members of the Roanoke City Council Donald L. Wetherington, Attorney, P. O. Box 90, Roanoke, Virginia 24002 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ~{)ANOKE Rezoning of a tract of land at the Northwest terminus of Lynn Brae Drive (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park designated Official Tax Number 7150102 from LM, Light Manufacturing) District, subject to conditions, to ) HM, Heavy Manufacturing District, ) subject to conditions. ) First Amended Petition to Rezone TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. Branch Highways, Inc. ("Branch"), the Petitioner, has contracted to buy from Billy H. Branch, a tract of land ("Property") in the City of Roanoke, Virginia designated Parcel C, according to Plat of Section 1, Statesman Plaza, dated June 5, 1985 by T. P. Parker & Son, and recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke in Map Book 1, page 472. A copy of this plat is attached as Exhibit A. The Property is designated by the Official Tax Number 7150102. The total lot area requested for rezoning is 11.673 acres, according to the plat. 2. The Property is presently zoned LM, Light Manufacturing District, subject to conditions. The relative location of the Property and the classification and extent of adjacent zoning districts are shown on Exhibit B. 3. The Property is currently vacant and without any development. Branch (or an affiliate corporation organized specifically for the purpose) wishes to construct on the Property a state-of-the-art bituminous concrete plant for the Wethe~ngton, Melchionna, Terry, Day & Ammar production of asphalt and use the Property for that and related sales and administrative activities. 4. Branch requests that the Property be rezoned from LM, Light Manufacturing District, with conditions, to HM, Heavy Manufacturing District, subject only to the following conditions: (a) The Property will be used only as a manufacturing establishment primarily engaged in the manufacture, assembly, mixing, processing or other process related to the creation of asphalt, together with all accessory uses including sales and administrative activities. (b) A berm will be constructed and trees and shrubs set and maintained at the southerly end of the Tract in the location and at elevations shown on the site plan attached as Exhibit C. (c) Construction of the plant will be in substantial conformity to the location and layout depicted on the attached site plan. (d) Trucks that deliver raw materials to the Property for the manufacturing process and trucks that deliver the manufactured product from the Property will enter and leave the Property only by means of access to be established directly to Seibel Drive or to Mary Linda Avenue to the west and not by way of Lynn Brae Drive (also known as Market Square Drive) to 2 Wethering~on, Melchionna, Ten36, D~_~Y & Ammar the east. If no such right of access has been obtained by April 1, 1998, then the zoning classification for the Property will automatically revert to its classification, subject to the same conditions, as in effect on April 1, 1995, without any further or other action by the Council of the City of Roanoke. Upon the request by or on behalf of the Roanoke City Planning Commission, the Petitioner will provide an explanation of the location and nature of the right of access, once obtained. 5. Rezoning this Tract as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan by facilitating a necessary manufacturing activity, while providing against effects potentially harmful to adjacent and surrounding districts. This rezoning will encourage and promote economic development activities that provide desirable employment and enlarge the tax base. 6. Attached as Exhibit D are the names and addresses of owners of all property adjacent to the property for which rezoning is requested. Wetherington, Melchionna, Terry; Da~ & Ammar WHEREFORE, Branch Highways, Inc., by counsel, requests that the above-described property be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of the City of Roanoke. Respectively submitted, Branch Highways, Inc. Donald L. Wetherington Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for the Petitioner 4 Wetherington, Melchionna, Terry, Da?~8~ Am~, ~ l® 5_ .J ORANG E AV'ENUE LXH [t~TT C Tax Map # 7140117 7140118 7140119 7140120 7140121 7150101 7150113 7150110 7150107 7150112 7150111 7150109 7190501 7190502 Property Owner Kenan Transport Co Jeffrey L. and Alan K. Mitchell Randall Z. and Alicia Hodges Randall Z. and Alicia Hodges Design Associates Frank W. Martin Workman Oil Company Mcdonald's Corp. Lowe's Investment Corp. Billy H. Branch Lynwood M. Wells, City of Roanoke Jr. Yellow Properties, Inc. Sherman J. Conner Owner's Address c/o Earl Cow~n Property Accountant P.O. Box 2729 Chapel Hill, NC 27515 c/o Duofast Mid Atlantic 9001 Mendenhall Court Columbia, MD 21045 P.O. Box 12414 Roanoke, VA 24025 P.O. Box 12414 Roanoke, VA 24025 c/o David Vaughan P.O. Box 15780 Roanoke, VA 23227 P.O. Box 20073 Roanoke, VA 24018 P.O. Box 566 Forest, VA 24551 c/o MKG Enterprises 320 Wildwood Road Salem, VA 24153 P.O. Box 1111 Tax Department N. Wilkesboro, NC 28656 3812 Bunker Hill Drive Roanoke, VA 24018 139 Lynn Brae Drive, N.E. Roanoke, VA 24012 Room 250 Municipal Building Roanoke, VA 24000 10990 Roe Avenue Overland Park, KS 66207 412B Mocking Bird Hill Roanoke, VA 24012 EXHIBIT D 7200104 7200103X 7210103 7210105 Crestar Bank Commonwealth of VA Escheat City of Roanoke City of Roanoke Attn: Accounting Dept. P.O. Box 13888 Roanoke, VA 24038 Mary Linda Avenue, Roanoke, VA 24000 m.so Room 250 Municipal Building Roanoke, VA 24000 Room 250 Municipal Building Roanoke, VA 24000 PERTAINING TO THE REZONING REQUEST '!,, ~,'" Branch Highways, Inc., on Lynn Brae Drive, N.E., off Rte. 460 from LM to HM, 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 27th day of March, 1995, notices of a public heating to be held on the 5th day of April, 1995, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant Address 7140117 Kenan Transport c/o Earl Cowan, Property Accountant P. O. Box 2729 Chapel Hill, NC 27515 7140118 Jeffrey L. and Alan K. Mitchell c/o Duofast Mid Atlantic 9001 Mendenhall Court Columbia, MD 21045 7140119 7140120 Randall Z. and Alicia Hodges P. O. Box 12414 Roanoke, VA 24025 7140121 Design Associates c/o David Vaughan P. O. Box 14780 Roanoke, VA 23227 7150101 Frank W. Martin P. O. Box 20073 Roanoke, VA 24018 7150113 Workman Oil Company P. O. Box 566 Forest, VA 24551 7150110 McDonald's Corporation c/o MKG Enterprises 320 Wildwood Road Salem, VA 24153 7150107 Lowe's Investment Corp. Tax Department P. O. Box 1111 North Wilkesboro, NC 7150109 7210103 7210105 City of Roanoke 7190501 Yellow Properties, Inc. 10990 Roe Avenue Overland Park, KS 66207 7190502 Sherman J. Conner, et als 4128 Mockingbird Hill Roanoke, VA 24012 7140122 David R. White 1513 Seibel Drive, NE Roanoke, VA 24012 Crestar Bank c/o Accounting Department P. O. Box 13888 Roanoke, VA 24038 7200103X Commonwealth of VA Dept. of Treasury Division of Unclaimed Property Martha Pace Franklin P. O. Box 3R Richmond, VA 23207 SUBSCRIBED AND SWORN to before me, a ~Notary Public, in the City of Roanoke, Virginia, this 27th day of March, 1995. ~// //-~. ~ lq6tary Publi~ - ' ' -- / My Commission Expires: ~7', 7~i /~'? ? ff NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, April 5, 1995, 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 Branch Highways, Inc., represented by Donald L. Wetherington, Attorney, that a parcel of land located at the terminus of Lynn Brae Drive, N.E., (also known as Market Square Drive) designated as Official Tax No. 7150102, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing 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, March 21, 1995 and Tuesday March 28, 1995 Please bill: Donald L. Wetherington Wetherington, Melchionna, Terry, Day and Ammar P. O. Box 90 Koanoke, VA 24002 (703) 982-3800 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 2401 I-1536 Telephone: (703) 981-2541 March 16, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk Carolyn Hayes-Coles, Chatrperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, Iarn enclosing copy of a petition from Donald L Wetherington, Attorney, representing Branch Highways, Inc., requesting that a tract of land containing 11.673 acres, more or less, located at the northwest terminus of Lynn Brae Drive, and abutting the eastern boundary of Statesman Park, Official Tax No. 7150102, be rezoned from LM, Light Manufacturing District, to HlVl, Hecr~y Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, CMC/AAE City Clerk r/branch The Honorable Mayor and Members of the Roanoke City Council Donald L. Wethelington, Attorney, P. O. Box 90, Roanoke, Virginia 24002 John R. M~lles, Agent, City Plmming Commission Martha P. Frcmklln, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney VIRGINIA: IN THE COUNCIL OF THE CITY OF ROANOKE'! ~ Rezoning of a tract of land at the Northwest terminus of Lynn Brae Drive (also known as Market Square Drive) and abutting the eastern boundary of Statesman Park designated Official Tax Number 7150102 from LM, Light Manufacturing) District, subject to conditions, to ) HM, Heavy Manufacturing District, ) subject to conditions. ) Petition to Rezone TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. Branch Highways, Inc. ("Branch"), the Petitioner, has contracted to buy from Billy H. Branch, a tract of land ("Property") in the City of Roanoke, Virginia designated Parcel C, according to Plat of Section 1, Statesman Plaza, dated June 5, 1985 by T. P. Parker & Son, and recorded in the Office of the Clerk of the Circuit Court of the City of Roanoke in Map Book 1, page 472. A copy of this plat is attached as Exhibit A. The Property is designated by the Official Tax Number 7150102. The total lot area requested for rezoning is 11.673 acres, according to the plat. 2. The Property is presently zoned LM, Light Manufacturing District, subject to conditions. The relative location of the Property and the classification and extent of adjacent zoning districts are shown on Exhibit B. 3. The Property is currently vacant and without any development. Branch (or an affiliate corporation organized specifically for the purpose) wishes to construct on the Property a state-of-the-art bituminous concrete plant for the Wetherington, Melchionna, Tel~, Day & Ammar production of asphalt and use the Property for that and related sales and administrative activities. 4. Branch requests that the Property be rezoned from LM, Light Manufacturing District, with conditions, to HM, Heavy Manufacturing District, subject only to the following conditions: (a) A berm will be constructed and trees and shrubs set and maintained at the southerly end of the Tract in the location and at elevations shown on the concept plan attached as Exhibit C. (b) Construction of the plant will be in reasonable conformity to the location and layout depicted on the attached concept plan. (c) Product delivery vehicles will enter and leave the property by means of access to be established directly to Seibel Drive or to Mary Linda Avenue to the west and not by way of Lynn Brae Drive (also known as Market Square Drive) to the east. 5. Rezoning this Tract as requested will further the intent and purpose of the City's Zoning Ordinance and its comprehensive plan by facilitating a necessary manufacturing activity, while providing against effects potentially harmful to adjacent and surrounding districts. This rezoning will encourage and promote economic development activities that provide desirable employment and enlarge the tax base. Wetherington, Melchionna, Terry, I~,~ & Amm~ 6. Attached as Exhibit D are the names and addresses of owners of all property adjacent to the property for which rezoning is requested. WHEREFORE, Branch Highways, Inc., by counsel, requests that the above-described property be rezoned as requested in accordance with applicable provisions of the Zoning Ordinance of Respectively submitted, Branch Highways, Inc. By:~ of Counsel the City of Roanoke. Donald L. Wetherington Wetherington, Melchionna, Terry, Day & Ammar P. O. Box 90 Roanoke, Virginia 24002 (703) 982-3800 Counsel for the Petitioner Wethe~ington, Melchionna, EXHIBIT A , EXHIBIT B 7 ORANGE AVENUE ~? EXHIBIT C Tax Map # ProDert¥ Owner Owner's Address 7140117 7140118 7140119 7140120 7140121 7150101 7150113 7150110 7150107 7150112 7150111 7150109 7190501 7190502 Kenan Transport Co Jeffrey L. and Alan K. Mitchell Randall Z. and Alicia Hodges Randall Z. and Alicia Hodges Design Associates Frank W. Martin Workman Oil Company Mcdonald's Corp. Lowe's Investment Corp. Billy H. Branch Lynwood M. Wells, City of Roanoke Jr. Yellow Properties, Inc. Sherman J. Conner c/o Earl Cowan Property Accountant P.O. Box 2729 Chapel Hill, NC 27515 c/o Duofast Mid Atlantic 9001 Mendenhall Court Columbia, MD 2]045 P.O. Box 12414 Roanoke, VA 24025 P.O. Box 12414 Roanoke, VA 24025 c/o David Vaughan P.O. Box 15780 Roanoke, VA 23227 P.O. Box 20073 Roanoke, VA 24018 P.O. Box 566 Forest, VA 24551 c/o MKG Enterprises 320 Wildwood Road Salem, VA 24153 P.O. Box 1111 Tax Department N. Wilkesboro, NC 28656 3812 Bunker Hill Drive Roanoke, VA 24018 139 Lynn Brae Drive, N.E. Roanoke, VA 24012 Room 250 Municipal Building Roanoke, VA 24000 10990 Roe Avenue Overland Park, KS 66207 412B Mocking Bird Hill Roanoke, VA 24012 EXHIBIT D 7200104 7200103X 7210103 7210105 Crestar Bank Commonwealth of VA Escheat City of Roanoke City of Roanoke Attn: Accounting Dept. P.O. Box 13888 Roanoke, VA 24038 Mary Linda Avenue, N.E. Roanoke, VA 24000 Room 250 Municipal Building Roanoke, VA 24000 Room 250 Municipal Building Roanoke, VA 24000 MARY F. PARKER, CMC/AAE City Clark CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240l 1-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk May 25, 1995 File ~80-110-247-258 Mr. James G. Harvey, II 1904 Westover Avenue, S. W. Roanoke, Virginia 24015 Dear Mr. Harvey: I am enclosing copy of Resolution No. 32495-052295 recognizing and commending the meritorious services rendered to the City and its people by you as Chairman of the Hotel Roanoke Conference Center Commission. Resolution No. 32495-052295 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, May 22, 1995. Sincerely, Sandra H. Eakin Deputy City Clerk SHE:sm Enc. pc: Dr. Raymond D. Smoot, Jr., Secretary, Hotel Roanoke Conference Center Commission, Virginia Tech, 312 Burruss Hall, Blacksburg, Virginia 24061-0142 Brian J. Wishneff, Acting Director, Hotel Roanoke Conference Center Commission, 111 Franklin Plaza, Suite 230, Roanoke, Virginia 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of May, 1995. No. 32495-052295. A RESOLUTION recognizing and commending the meritorious services rendered to the City by James G. Harvey, II, Chairman, Hotel Roanoke Conference Center Commission. WHEREAS, on May 8, 1995, City Council reluctantly accepted the resignation of James G. Harvey, II, as a member of the Hotel Roanoke Conference Center Commission; WHEREAS, on April 13, 1992, Mr. Harvey was appointed by City Council as a member of the Hotel Roanoke Conference Center Commission, a political subdivision of the Commonwealth; WHEREAS, subsequent to his appointment, Mr. Harvey was elected Chairman of the Commission by its membership, and Mr. Harvey has been the only Chairman of the Commission to date; WHEREAS, as Chairman of the Commission, Mr. Harvey played an instrumental role in the renovation and redevelopment of the Hotel Roanoke and construction of a new publicly-owned Conference Center adjacent to the Hotel; and WHEREAS, this Council desires to recognize and commend Mr. Harvey for his outstanding leadership of the Commission which has paid dividends to the public in the form of the renovated Hotel and new publicly-owned Conference Center; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding services rendered to this City and its people by James G. Harvey, II, Chairman, Hotel Roanoke Conference Center Commission. ATTEST: City Clerk.