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HomeMy WebLinkAboutCouncil Actions 11-27-95MARY E 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: (540) 981-2541 Fax: (540) 224-3145 November 22, 1995 SANDRA H. EAKIN Deputy City Clerk The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: The Members of Council will meet with Congressman Goodlatte on Monday, November 27, 1995. Lunch will be served at 12:15 p.m., in the Social Services' Conference Room, Room 306, Municipal Building North, followed by the discussion portion of the meeting. With kindest personal regards, I am Sincerely yours, MFP:sm pc: Mary F. Parker, CMC/AAE City Clerk W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance ROANOKE CITY COUNCIL November 27, 1995 12:lSp. m. Social Services Conference Room AGENDA 2. 3. 4. 5. 6. 7. 8. Call to Order. Roll Call. Invocation. Statement of Purpose. Mayor David A. Bowers. Remarks by Congressman Goodlatte. Remarks by the Mayor and Members of Council. Other Business. Adjournment. DEPARTMENT OF VETERANS AFFAIRS DEPUTY ASSISTANT SECRETARY FOR INTERGOVERNMENTAL AFFAIRS WASHINGTON DC 20420 June 13,1995 RECEIVED JUN 1 6 1995 ~.,MAYOR'S OFFICE Dear Mayor: Every community's chief executive is faced with many challenges today -- from homelessness to the state of the local economy. It is estimated that one- third of the homeless in America are veterans. I thought you might like to know about the Department of Veterans Affairs' (VA) initiatives for homeless veterans and other programs designed to benefit this country's 26 million veterans and approximately 44 million family members and their subsequent effects upon the economy. Last year, VA spent $66 million on programs designed to prevent homelessness. Included in that total is a new $6 million grant program that awards funding to state and local governments, and nonprofit entities that provide services to homeless veterans. This program has been well received with more than 40 percent of all funding awarded to state and city governments. VA is interested in working with cities to improve services to homeless veterans. VA guaranteed over 600,000 home loans, valued at $55 billion, and paid monetary benefits of $17.1 billion to 3.3 million recipients in 1994. Additionally, VA administers various job training and education programs through partnerships with other federal agencies and states and has counseled more than 311,000 military personnel as they prepare for their discharge and re-entry into local communities. VA provides medical care and treatment of eligible beneficiaries in hospitals, nursing homes, domiciliary and outpatient clinic facilities, contract hospitals, contract community nursing homes and, on a fee basis, through the hometown outpatient program. Federal medical expenditures are approximately $16 billion yearly. We are in the process of restructuring the Veterans Health Administration to make it a viable health care system in the 21st century. The VA is the second largest non-defense federal employer with a workforce of over 260,000 - approximately 90 percent of whom are in health care. The Department strongly believes in federal/state and non-profit partnerships and provides grant funds for state veterans homes, state veteran cemeteries and initiatives for homeless veterans. We also reimburse State Approving Agencies for the costs of inspecting, approving and supervising education programs in which veterans, dependents and reservists are enrolled. o Enclosed is a list outlining the geographic distribution of VA expenditures by county and city in your State. As you will note, VA does.play an important part in local economies. Unfortunately, the budget-cutting proposals currently being considered by Congress will have an adverse impact on veterans. Congressional plans to balance the federal budget may force as many as one in · five VA hospitals to close and limit medical care and other benefits to hundreds of thousands of veterans. The Senate budget resolution proposes cutting $15.5 billion from veterans' benefits, programs and services over the next 7 years and the House budget resolution approves reductions of $13 billion by the year 2002. These budget cuts could result in the loss of 53,000 full-time jobs in VA medical programs with subsequent denial of treatment to about 1 million patients by the year 2002. Budget cuts also would cancel about 200 construction projects needed to bring VA hospitals up to community standards, cancel 150 research projects each year for 7 years, reduce future education benefits, and eliminate federal programs to assist unemployed veterans, thus reducing the chances of 1.8 million jobless veterans finding work. We hope you will find the time to discuss with your counterparts the economic impact of veterans' benefits and services in your State at the national U.S. Conference of Mayors meeting in Miami. Sincerely, Dale L. Renaud Enclosure VIRGINIA COUNTY OR INDEPENDENT CITY (CONG.DISTRICT) ACCDMACK(01) ALBEMARLE(T.) (oB) (o7) ALLEGHANY(06) AMELIA(04) AMHERST(06) APPOMATTOX(05) ARLINGTON(08) AUGUSTA(06) BATH(06) BEDFORD(T.) (05) (06) BLAND(09) BOTETOURT(06) BRUNSWICK(04) BUCHANAN(09) BUCKINGHAM(05)' CAMPBELL(05) CAROLINE(01) CARROLL(09) CHARLES CITY(03) CHARLOTTE(05) CHESTERFIELD(T.) (04) (07) CLARKE(tO) CRAIG(09) CULPEPER(07) CUMBERLAND(OS) GEOGRAPHIC DISTRIBUTION OF VA EXPENDITURES FOR FY 1994 READOUSTMENT COMPENSATION & VETERAN & VOCATIONAL POPULATION TOTAL PENSION REHABILITATION MEDICAL INSURANCE CONSTRUCTION SERVICES $ ' & & ADMINISTRATIVE INDEMNITIES RELATED COSTS COSTS 3,539 4,605,185 4,295,938 25,266 263,98t 6,837 3,857,964 3,200,526 113,834 543,604 2.684 1,5t4,625 1.256,517 44,691 213,417 4,153 2,343,339 1,944,009 69,143 330,187 1,443 1,493,655 1,353,033 23.103 117,5t9 789 828,903 754,203 10,790 63,910 3,036 2.709,349 2,423,934 40,987 244.428 1.402 1,245,619 1,124,316 10,272 111,031 t8,193 13,230,978 tl,283,509 485.849 1.461,620 5,942 5,624.276 4,951,756 19t,233 481,288 630 678,067 627,350 60,707 5,707 5,097,440 4.566,993 76,020 454,427 4,016 3,587,023 3,213,752 53,495 319,776 1,691 1,510,417 1.353,241 22,525 134,651 892 629,897 537.435 21,040 71,422 3,236 3,414,699 3,108,550 47,322 258,827 1,422 1,709,678 t,565.763 28,502 115,413 t,950 2,358,909 2,136,606 65,061 157.242 1,533 1,384,894 1,250.803 11,948 122,243 5,234 4,736,377 4,193,407 121,438 42i,532 1,759 1,520,582 1,360,343 17,850 142,359 2,910 3,738,33t 3,478,938 26,005 233,388 644 509,185 443,108 13,663 52,414 1,259 1.677,64t 1,545,784 30,102 101,755 24,283 15,373,162 12,940,216 513,656 1,919,290 2.938 1,860,183 1,565,792 62,163 232,238 21,345 13,512,979 11,374,424 451,503 1,687,052 t,280 842,959 732,444 7,223 103,292 553 464,698 403,010 t6,743 44,645 3,061 1,940,174 1,685,2t2 12,924 242,038 783 751,483 67t,691 16,736 63,056 PAGE 143 VIRGINIA COUNTY OR INDEPENDENT CITY (CONG.DISTRICT) DICKEN$ON(09) DINWIDDIE(04) ESSEX(03) FAIRFAX(T.) (08) (1o) (tl) FAUQUIER(tO) FLOYD(09) FLUVANNA(05) FRANKLIN(05) FREDERICK(iO) GILES[09) GLOUCESTER(01) GOOCHLAND(04) GRAY$ON(09) GREENE(O?) GREENSVILLE(04), HALIFAX(05) HANOVER(T.) (0t) (07) HENRICO(T.) (03) (07) HENRY(05) HIGHLAND(06) ISLE OF WZGHT(04) dAMES CITY(T.) (01) (03) KING AND QUEEN(03) KING GEORGE(01) KING WZLLIAM(03) GEOGRAPHIC DISTRIBUTION OF VA EXPENDITURES FOR FY 1994 READdUSTMENT COMPENSATION VETERAN & VOCATIONAL POPULATION TOTAL PENSION REHABILITATION MEDICAL INSURANCE CONSTRUCTION SERVICES & & & ADMINISTRATIVE INDEMNITIES RELATED COSTS COSTS 1,440 2,383,309 2,244,401 22.016 2,340 2,275,848 2,061,097 26,891 1,017 1.046,892 946,483 20,337 102,347 64,463,729 54,286,297 2,060,659 37,896 29,865,475 20, t00.750 763,006 15,907 10,017,464 8,437,231 320,270 48,544 30,570,790 25,748,316 977,383 5,937 2,895,079 2,376,675 41,498 1,270 t,614,670 1,490,817 21,074 1.543 1.224,844 t,091,206 9,802 4,066 4,161,87t 3,752,238 85,417 5.74t 3.359,392 2,836,075 72,419 1,779 1,777,821 1,603,103 30,?93 1t6,893 187,860 80,072 8,106,773 3,00t,7t9 1,259,963 3,845,091 476.906 102.779 t23,936 324,2t6 450,898 143,925 3,660 3,190,724 2,837,854 56,483 296,387 1,616 987,476 841,926 16,363 129,186 1,626 2,301,847 2,t57,054 13,559 131,234 853 670,771 587,642 13,471 69,658 721 846,685 776,558 11,908 58,2t9 2,472 6,088,360 4,798,171 88,785 201,404 7,102 4,946,999 4,216,770 165,909 864,320 4,092 2.850.347 2,429,606 96,593 325,148 3,0t0 2,096,652 1,787,164 70,316 239,172 25,761 14,511,353 12,132,111 332,246 2,046,996 6,400 3,605,0t2 3.013,944 82,539 508,529 19,361 10,906,341 9,118,167 249,707 1,538,467 5,6t3 4,65t,492 4,115,383 67,057 469,052 304 288,041 257,t43 6,142 24,756 2,665 2,078,454 1.8t6,912 46,764 214,778 4,848 3,631,194 3,126,940 117,436 386,818 3,685 2,760,303 2,376,997 89,271 294,045 1,163 870,891 749,953 28,165 92,773 532 535,625 488,612 3.704 43,309 t,777 962,174 807,509 14.894 139,771 1,t09 746,854 645.131 12,830 88,893 PAGE 144 VIRGINIA COUNTY OR INDEPENDENT CITY (CONG.OISTRICT) LANCASTER(01) LEE(09) LOUDOUN(tO) LOUISA(04) LUNENBURG(05) MAD[SON(07) MATHEWS(01) MECKLENBURG(05) MIDDLESEX(01) MONTGOMERY(09) NELSON(05) NEW KENT(03) NORTHAMPTON(01) NORTHUMBERLAND(01) NOTTOWAY(04) ORANGE(07) PAeE(tO) PATRICK(06) PITTSYLVANZA(05) POWHATAN(04) PR~NCE EDWARD(05) PRINCE GEORGE(T.) (08) (04) PRINCE WILL~AM(T.) (10) (tl) PULASK~(Og) RAPPAHANNOCK(fO) RICHMOND(03) ROANOKE(T.) (o6) (o9) ROCKBR~OGE(06) ROCKINGHAM(T.) (06) (t0) RUSSELL(O9) GEOGRAPHIC DISTRIBUTION OF VA EXPENDITURES FOR FY 1994 READdUSTMENT COMPENSATION & VETERAN & VOCATIONAL POPULATION TOTAL PENSION REHABILITATION MEDICAL INSURANCE CONSTRUCTION SERVICES & & & ADMINISTRATIVE INDEMNITIES RELATED COSTS COSTS t,639 1,198,602 1,063,139 5,765 129,698 2,322 4,t50,092 3,911,85t 51,064 187,177 10,745 4,247,895 3,331,734 72,300 843,861 2,333 1,736,152 1.536,205 13,851 186,096 t.t22 1,444,338 1,3tl,736 41,091 91,511 1,098 t,033,914 938.771 6,306 88,837 t,092 1,230,355 1,139,596 2,605 88,t54 3.08t 2,864.762 2,573,16t 41,482 250, t19 1,328 t,291,98t 1,179,033 7.494 105,454 5,619 5,027,639 4,028,375 547,683 45t,681 1,329 1,415,553 t,293,769 t4,736 107,048 1,400 812,798 684,t43 15,746 112,909 1,354 1,824,562 1,693,957 20,826 109,779 1,421 1,020,480 906,042 333 114.105 1.838 1,788,387 1,632,025 t0,103 146.259 2,983 1,964,825 1,694,956 51.416 238.453 2,503 1,959,869 1,742,628 16,804 200,437 1,800 1.577,875 1,419,455 13,755 144,665 5,230 5,721,765 5,172,397 123.738 425.630 1,806 1,248,214 1,071,346 31.065 145,803 1,519 1,805,373 1,643,044 40,769 121,660 3,153 3,235.968 2,825,597 151,202 259.t69 259 266.146 232,394 t2,436 2t,316 2,894 2.969,822 2,593,203 138,766 237,853 27.907 17,135.080 14,026.093 917,383 2,191,604 10,405 6,388,661 5,229.503 342,038 817.120 17.502 10,746,4t9 8,796,590 575,345 1,374.484 4,103 3,738,342 3,276,4t5 132,987 328,940 770 627,423 563,252 2,139 62,032 725 623,258 664,024 332 58,902 10.612 10,612,346 9,495,260 262,080 855,016 9.187 9,t86,907 8,2t9,868 226,878 740,171 t,425 1,425.439 t,275,392 35.202 114,645 2.253 1,737,061 1,504,498 51,522 181,031 5,919 4.272,325 3,679,745 122,844 469,736 5,t67 3,729,337 3,2t2,071 107,231 4t0,035 752 542,988 467,6?4 15,613 59,701 2,006 3.066,1t2 2,865,172 40,348 t62,592 PAGE 145 VIRGINIA COUNTY OR INDEPENDENT CITY (CONG.DISTRICT) SCOTT(O9) SHENANDOAH(lO) SMYTH(O9) SOUTHAMPTON(04) SPOTSYLVANIA(T.) (01) (07) STAFFORD(01) SURRY(03) SUSSEX(04) TAZEWELL(09) WARREN(lO) WASHINGTON(09) WESTMORELAND(01) WISE(09) WYTHE(09) YORK(01) ALEXANDRIA (CIT~)(08) BEDFORD (CITY)(05) BRISTOL (CITY)(09) BUENA VISTA (CITY)(06) CHARLOTTESVILLE CITY(08) CHESAPEAKE (CITY)(04) CLIFTON FORGE (CITY)(06) COLONIAL HEIGHTSCITY(04) COVINGTON (CETY)(06) DANVILLE (CITY)(05) EMPORIA (CITY)(04) FAIRFAX (CITY)(11) FALLS CHURCH (CITY)(08) FRANKLIN (CITY)(04) FREDERICKSBURG CITY(01) GEOGRAPHIC DISTRIBUTION OF VA EXPENDITURES FOR FY 1994 REAOJUSTMENT COMPENSATION & INSURANCE VETERAN & VOCATIONAL & POPULATION TOTAL PENSION REHABILITATION INDEMNITIES 2,311 2,539,361 2,327,421 26,015 185,925 3,937 2,741,064 2,395,482 30,244 315.338 3,128 3,851,359 3,529,689 67,396 2§4,274 1,541 1,561,796 1,407.504 28,179 126,113 8,178 6,113,434 5,255,613 223,673 634,148 4,900 3.662,68I 3,t48,743 134,007 379,931 3,27B 2,450.753 2,t06,870 89,666 254,217 7,938 4,t02,281 3,341,834 122,770 637,677 573 460,195 405,773 7,699 46,723 844 823,438 744,284 I0,577 68,577 5,013 6,176,671 5,605,563 170,258 399,850 3,333 2,389,232 2,079,090 42,039 268,103 5,025 5.834,104 5,301,491 130,032 402,581 3,762 5,573,716 5,089,612 182,312 301,794 2,524 2,787,895 2,540.48t 43,449 203,966 5,296 6,35t,350 5,594,287 327,506 429,557 12,536 10,34t,767 8,886,448 444,882 1,010,437 831 765,t49 695,2tt 5,800 64,138 2,232 2,102,707 1,891,3t0 32,244 179,153 750 646,339 578,283 7,6t8 60,438 3.427 2,484,924 2,057,224 155.499 272,201 t9.233 I6,571,704 14,295,775 727.351 1,548,578 585 592,999 633,604 12,2t7 47,178 2,480 2,962,037 2,688,06t 74,905 199,071 915 920,135 830,198 15,954 73,983 5,929 3,598,734 3,001,524 118,711 478,499 559 412,696 361,850 6,285 44.561 2.693 1,477,149 1,t46,849 116,831 2t3.469 t,403 836,807 716,222 12,602 108.983 792 658,960 572,848 21,861 64.251 2,420 897,117 701,697 9,438 185,982 MEDICAL CONSTRUCTION SERVICES & & ADMINISTRATIVE RELATED COSTS COSTS PAGE 146 VIRGINIA COUNTY O~ INDEPENDENT CITY (CONG.DISTRICT) GALAX (CITY)(09) HAMPTON (CITY)(T.) (Ol) (03) HARRISONBURG (CITY)(06) HOPEWELL (CITY)(T.) (03) (04) LEXINGTON (CITY)(06) LYNCHBURG (CITY)(06) MANASSAS (CITY)(IO) MANASSAS PARK (CITY)(IO) MARTINSVILLE (CITY)(05) NEWPORT NEWS (CITY)(T.) (0t) (03) NORFOLK (CITY)(T.) (02) (o3) NORTON (CITY)(09) PETERSBURG (CITY)(T.) (o3) (04) POQUOSON (CITY)(01) PORTSMOUTH (CITY)(T.) (03) (04) RADFORD (CITY)(O9) RICHMOND (CITY)(T.) (03) (o7) ROANOKE (CITY)(06) SALEM (CITY)(06) SOUTH BOSTON (CITY)(05) GEOGRAPHIC DISTRIBUTION OF VA EXPENDITURES FOR FY 1994 READOUSTMENT COMPENSATION & VETERAN & VOCATIONAL POPULATION TOTAL PENSION REHABILITATION MEDICAL INSURANCE CONSTRUCTION SERVICES & & ADMINISTRATIVE INDEMNITIES RELATED COSTS COSTS 836 936.061 665,269 4.093 66,699 17,218 104,907,691 20,823,703 1.026,679 1,398,904 9,754 13,170,651 11,796,665 581,611 792,475 7,464 91,737,040 9,027,138 445,069 606,429 2,329 1,549,292 1,269,809 94.127 185,356 2,925 3,495,565 3,196,913 62,211 236,461 267 343,287 313,956 6,109 23,222 2,638 3,152,298 2,682,967 56,102 213,239 689 692,568 591,630 45,735 56,203 7,129 6.771,034 6.075,875 124,409 570.750 3,365 1,013,237 708.108 39,985 266,144 756 375.558 299,295 16,906 59,357 1,899 t,490.t45 1,3t4,290 24,645 16t,210 18,835 22,081,705 19,472,559 1,065,177 1,543.969 10,545 12,362,398 10,901,673 596,337 864,388 8,290 9,7t9,807 8,570,886 468,840 679,581 26,632 26,390,677 22,666,001 1,537,938 2,186,938 18,974 18,802,338 16,t48,528 1,095,713 1,568,097 7,658 7,588.539 6,517,473 442,225 628,841 359 655,220 520,204 6,106 28,910 4,668 7,436,022 6,864,069 196,347 375,606 2,647 4,217,102 3,882,737 111,352 213,013 2,021 3.218,920 2,971,332 84,995 162,693 1,329 1,001,453 864,565 29.499 107,389 11,925 12,528,540 11,238,082 306,427 984,031 4,105 4,312,937 3,868,698 105,487 338,752 7.820 8,215,603 7,369,364 200,940 645,279 690,660 80,967,745 690,660 80,967,745 1,054 1,073,043 855,076 133,399 84,568 19,347 175,371,603 19,970,650 1,438,060 1,577,829 11,480 152,373,534 13,002 167,832,685 13,420,856 966,418 1.060,347 11.480 152,373,584 6,345 7,538,918 6,549,794 471,642 517,482 tl,98t 28,864,575 t4,862,018 407,916 970,202 3~7,953 12,306,486 3,957 112,44t,665 3,086,621 97.881 3t4,029 6.377,365 t02,565,769 638 756,124 695,669 8,098 52,357 PAGE 147 VIRGINIA COUNTY OR INDEPENDENT CITY (CONG.DISTRICT) STAUNTON (CITY)(06) SUFFOLK (CITY)(T.) (03) (04) VIRGINIA BEACH(CITY)(T.) (02) (04) WAYNESBORO (CITY)(06) WILLIAMSBURG (CITY)(OI) WINCHESTER (CITY)(IO) TOTAL CONG, DIST(Oi) TOTAL CONG. DIST(02) TOTAL CONG. DIST(03) TOTAL CONG. DIST(04) TOTAL CONG. DIST(05) TOTAL CONG. DIST(06) TOTAL CONG. DIST(07) TOTAL CONG. D)$T(08) TOTAL CONG. DIST(09) TOTAL CONG. DIST(10) TOTAL CONG. OIST(ii) VIRGINIA(ST) GEOGRAPHIC DISTRIBUTION OF VA EXPENDITURES FOR FY 1994 READdUSTMENT COMPENSATION & VETERAN & VOCATIONAL pOPULATION TOTAL PENSION REHABILITATION MEDICAL INSURANCE CONSTRUCTION SERVICES & & & ADMINISTRATIVE INDEMNITIES RELATED COSTS COSTS 3,201 2.429,342 2,106,556 65,382 257,404 5,403 4.923,074 4,383,120 103,169 436,785 4t? 380,229 338,526 7,968 33,735 4,986 4,542,845 4,044,594 95,201 403,050 47,270 42,490,877 36,365,812 2,296,615 3,828,450 46,193 41,522,892 35,537,362 2.244,296 3,741,234 1,077 967,985 828,460 52,319 87,216 2,321 1,426,878 1,215,832 24,267 186,779 969 1,520,025 t,388,032 55,108 76,885 2,766 1,823,617 1,565,960 36,562 22t,095 70.534 67.162,164 55,291,924 2.203.770 5,666,470 65,167 60.325,230 51.685,890 3,340,009 5,299,331 57,693 295,607.982 54,123,835 2,750,918 4,689,760 702,t40 65,352 61,418,083 54,382,069 1,755,871 5,280,i43 57,610 53,948,971 48.190,748 1.127.967 4,630,256 66,745 186,706,616 58,16t,859 1,612,449 5,364,735 6,695,318 65,487 44,478,666 37,787,009 1,486,094 5,205,563 70,028 48,275,027 40,985,929 1,706,339 5,582,759 54,139 64,108,145 57,934,685 1,8t8,878 4,354,582 68,197 39.224.438 32,766,t51 1,056,040 5,403,247 68,739 42,794,358 35,691,755 1,669,559 5,433,044 709,692 964,049,680 531,000,854 20,527,894 233,341,329 114,872,255 56,909,890 7,397,458 348,213,584 PAGE t48 32752 REGULAR WEEKLY SESSION ROANOKE CITY COUNCIL CITY COUNCIL CHAMBER November 27, 1995 3:00 p. na AGENDA FOR THE COUNCIL Call to Order - Roll Call. All Pre~ent (Council Member Bawle~ arrived following item 3.b.). The Invocation was delivered by The Reverend Darryi G. Crim, Pastor, North Roanoke Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. We. lc~n~. Mayor Bowers. ANNOUNCEMENTS: The ,~,nmm! ~Confe~c~ of the National Leagu~ of Cities will be held in Phoenix, Arizona on Nov~nber 29 - ~ 2, 1995. The Ci~s Christmas Parade will be held on Saturday, December 2, 1995, at 6:30 p.m. PRESENTATIONS: Bob Johnson, Chairman of the Roanoke Regional Airport Commi.~sion, presented a Resolution expressing appreciation to W. Robert Herbert for his years of service as a member of the Roanoke Regional Airport Commission. File #9-80-110 Adopted Resolution No. 32752-112795 recognizing and congratulating Wilburn C. Dibling, Jr., City Attorney, upon his receipt of the Edward J. Finnegan Award from the Local Government Attorneys of Virginia, Inc., association. File #80-83 o CONSENT AGENDA C-1 (APPROVED 6-0) 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. A communic~un from Mayor David A. Bowers requesting an Executive Session to discuss a special award, being the annual Citizen of the Year Award, pursuam to Se~ion 2.1-344 (A)(10), Cod~ of V~nia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #132-496 Executive Session. 2 C-2 A communication th)m Mayor David A. Bowers requesting an Executive Session to discuss a personnel matter, being the appointment of a person to fill a portion of an unexpired term on City Council, pursuant to Section 2.1-344(A)(I), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File//132 Executive Session. C-3 A report of the City Manager requesting an Executive Session to discuss the use and disposition of publicly held property, specifically property held by the Roanoke Redevelopment and Housing Authority, pursuant to Section 2.1- 344 (AX3), Code of Virgin/a (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File//2-132-166-1 '/8 Executive Session. C-4 A report of the City Manager requesting an Executive Session to discuss acquisition of real property for public purpose, specifically property needed for flood reduction and sewer interceptor lines, pursuant to Section 2.1-344 (AX3), Code of V~nia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #27-132-166-237 Executive Sess/on. A comm~nication from C-ilbert E. Buffer, Jr., Secretary, Roanoke City Electoral Board, ~ a certified copy of the abstract of votes cast in the General Election held in the City of Roanoke on November 7, 1995. RECOMMENDED ACTION: Receive and file. File ~ C-6 A cammunic~on from Katherine Cochren tendering her resignation as a membzr of the Roanoke Ne/ghborhood Partnewh!p Steering Committee. RECOMMENDED ACTION: Recz~ and file th~ wmmunication and accept File #110488 the resi~ion with regret. 3 C-7 Qualification of the following persons: Ann D. Masters as a member of the Roanoke Arts Commi.~sion for a term of three years e~ding June 30, 1998; and File #1S-110-230 Chenise A. Anderson as a member of the Youth Services Citizen Board to fill the unexpired term of James C. Stephens, resigned, ending May 31, 1997: File #15-110-304 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA 3. HEARING OF CITIZENS UPON PUBLIC MATTERS: Briefing with regard to Architectural Design Guidelines for the City's H-1 and H-2 historic di~hlcts which were developed with citizen input by the Architectural Review Board. William L. Whitwell, Chairman. Arch/tecturai Review Board. (10 mlmlte$) Received and filed. File #51-216-249 Presentation of the Anmml Report of the Roanoke Civic Center Commi.~ion. Vzmon M. Danielsen, Spokesperson. (10 minutes) Received and filed. File #110-109-192 Other Hearings of Citizens: None. At thl, point, Council Member Bowles entered the meeting. 4 4. PETITIONS AND COMMUNICATIONS: A comm~mlcatiotl from Mayor David A. Bowers recommending adoption of a measure urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Adopted Resolution No. 32753-112795. (7-0) File #77.137-340 A communication from Donald S. Caldwell, Commonwealth's Attorney, recommending approval of a contract between the Clerk of the City of Roanoke Circuit Court and the Roanoke City Commonwealth's Attorney for collection of delinquent state and local fines and court costs; and a report of the City Manager concumng in the recommendation. Adopted Resolution No. 327f~-11279~. (7-0) File #103-133 Co A communication from the Roanoke City School Board requesting approval of a State Literary Fund loan application, in the amount of $5 million, for the Brockinridge Middle School reconst~ction project; and a report of the Director of Finance concurring in the request. Adopted Re~olution No~ 32755-11279~ and 327f~-112795. (7-0) File #467 d+ A commnnicatiofl fom the Roanoke City School Board requesting approwin6on of $187,110.00 fix)m the 1995-96 Capital Maimenance and Equipment Replacement Fund, for purchase of in,Ml'UCfiOnal and admlnl-ql'afiVO oomputors, replacement of school buses, replacement of carpet at We~de Elementary School, purchase of a mainf, onnnoe Utility loader, hase of fa lity maintenance equipmmt, addition of classroom space and alteration of school facilities; and a report of the Director of Finance concurring in the request. Adopted Budget Ordinance No. 32757-112795. (7-0) File #270-467-472 REPORTS OF OFFICERS: a. CITY MANAGER: None. ITEMS RECOMMENDED FOR ACTION: A report recommending execution of Amendment No. 1 to the agreement with the Fifth District Employment and Training Consortium in connection with the Operation Bootstrap Program to carry over funds from the prev/ous year's contract to the current contract. Adopted Resolution No. 32758-11279~. (7-0) File #72-236-246 A report recommending award of a lump slim contract to Vitetta Group, Inc./Daniel C. Smith & Associates of Sacramento, California, to develop a Long-Range Facilities Master Plan and Database for the City of Roanoke, for the total sum of $129,337.00; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 32759-112795 and Resolution No. 32760-112795. (7-0) File #5-22-60-72.209-217-377 6 bo A report recommending adoption of a measure in support of continuation of services to the courts and ¢omm~Rity by the Court- Commnnity Corrections Regional Criminal Justice Board. Adopted Re~olution No. 32761-11279S. (7-0) File #62-214-242-382 A report recommending execution of two contracts with The Salvation Army for payment of services delivered by the Abused Women's Program and the Homeless Program to citizens of the City of Roanoke. Adopted Resolution No. 32762-112795. (7-0) File #72-145-178 DIRECTOR OF FINANCE: 1. A financial r~ort for the month of October, 1995. Received ~md filed. File #1-10 A communication trnn.~mitting the audited fiscal year 1995 ComPreh~n.~ive Annual Financial Reports for the City of Roanoke and tim City of Roanoke Pension Plan. Received and filed. File #10-429 CITY ATrOKNEY: A repoR recommending adoption of a Resolution declaring the City*s intent to r~imbursc itseff from the proceeds of its general obligation public i?rovement bonds for cortnin exp~'llditlires in 7 connection with renovations and consltuction improvements to the Vir~nia Museum of Transportation. Adopted Resolution No. 32763-112795. (7-0) File #5~-77-229 6. REPORTS OF COMMITTEES: A report of the bid committee recommending award of a contract to Williams Painting and Remodeling Inc. to complete work at Washington Park and Fallon Park Swimming Pools for A.D.A. compliance, in the total amount of $79,255.00; and appropriation of funds in connection therewith. Council Member William White, Sr., Chairperson. Adopted Budget Ordinance No. 32764-112795 and Ordinance No. 3276~.112795. (7-0) File #60-67-256453 7. UNFINISHED BUSINESS: None. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: Ordinance No. 32728, on second reading, amending and reordaining subsections (a), Co), (f) and (g) of Se,~tion 19-20, ~ installment _oa_vm~nt! p~.nnl _ty for late _na_vm~nt' _report nnd collection of ddialum~im of Anicle I, Ia_Q:am~ of Chapter 19, Li~n.v~.az~Ca~, of the Cod~ of the City of Roanoke (1979), as amended, to require paymmt to be roc~ved on or before March 1 for the license tax year begitming Sammry 1, 1996 and all subsequent lax years, and to eliminate tho installment payment option for the license tax year beginning Sanuary 1, 1997, and all sub~-nt tax yeau~. Adopted Ordinance No. 32728-11279~. McCadden voted n~) File #34-79-106-322 (6-1, Council Member 0 Ordinance No. 32741, on second reading, amending subsection (a) of Section 22.1-46, Y_~, Article III, Employees' Su_n_nlernc. ntni I~lil~llZ~lt.,$2~l~g of Chapter 22.1, Pensions and RetiremenL Code of the City of Roanoke (1979), as amended, to provide for five year vesting, in lieu of ten year vesting. Adopted Ordinance No. 32741-11279~. (7-0) File #1-24-184-202429 The question of incrm~ing the staff of the Department of Finance by one employee in connection with five year vesting for City employ~ was referred to 1996-97 budget study for consideration. File #1-60-184-202-429 Ordinance No. 32748, on second reading, rezoning a parcel of land located on Hershberger Road, N. W., containing approximately 10,720 square feet and idantified as Official Tax No. 2280802, from C-1, Office District to C-2, General Commercial Disa'ict, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32748-112795. (6-1, Council Member White voted no.) File #~1 Ordinance No. 32749, on second rendin~, permanently vacating, discontim~ing and closing an undeveloped section of 22nd Street, S. W., running in a noflhedy direction from Sanford Avenue to the fight-of-way of U. S. Route 220 Expressway. Adopted Ordinance No. 32749-11279~. (7-0) File #~14 Ordinance No. 32750, on second reading, rezoning a 1.042 acre tract of land located at lhe northerly te~mlnus of Lanford Sl~-t, N. W., identified as Official Tax No. 2170139, from RS-3, Residential Singlo-Fnmily District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 32750-112795. (7-0) File #51 Ordinance No. 32751, on second reading, as amended, rezoning a tract of land located on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive, COntaining a total of 2.723 acres, more or less, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, from C-l, Office District, to C-2, General Commercial Dis~ict, subject to certain conditions proffered by the petitioners. Adopted Ordinance No. 32751-112795. (7-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: a. Inquiries and/or comments by the Mayor and Members of City Council. Vice-Mayor Edwards inquired as to the status of the request of Explore Park for funding; whereupon, the City Manager advised that the source of funds to be recommended to Council will be personnel lapse monies, with a Fei)oFt to be submitted to Council during the January - MaFch 1996 time period, depending upon the pFogress of accumulation of lapse funds. File I~)-132-184-36S Vice-Mayor Edwards addressed the matter of health in.~urance premiums for City retirees and whether or not an opportunity will again be extended to retirees to participate in the City*s health inanrenee program in view of certain action taken to lower premimm. The City Manager advised tht he would provide Council with an update if it is a miter that will be handled admini~Watively. File #S8-132-184 l0 10. Council Member McCadden called attention to a planning workshop which was conducted by the Roanoke Neighborhood Pa;t.~ership in which neighborhood representatives/leaders provided insight into what they believe are important issum for Roanoke's neighborhoods. The City Manager advised that minutes of the workshop will be provided to the Members of Council for their information. File #132-16fi-488 Pursuant to the suggestion of Council Member McCadden, the Mayor requested that the City Attorney and the City Clerk recomm.end a me,od..of rec..og~'.'g the outstanding accomplishments of Vlrgnna Tech which ranked 13th and the University of Virginia which ranked 19th in the Associated Press Top 25 Poll for football within the next 30 - 60 days. File #80.2flS-393(UVA) Vacancies on various authorities, boards, commissions and committees appointed by Council. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. Edwards was absent) (6-0. Vice-Mayor Reappointed William G. Nork, III, Judy A. Bower, Richard S. Win.qtead, Louis E. Elli% Lenora V. Williams, Steven D. Goodwin, and Melvin C. Anderson, Jr., for terms of three years each, eudin~ November 30, 1998; and Charles W. Hancock, Ronald IL Miller, Florlne Thornhill~ and Barbara N. Duerk for terms of one year each, ending November 30, 1996, as m~mbera of the Roanoke Neighborhood Parmership Steering Committm~ File #1fl-110-488 Reappointed John D. Fulton, Jr., as a member of the Board of Building Code Appeals, Building Maintenance Division, for a term of five years ending November 10, 2000. File #15-32-110 Reappointed Malcolm L. Taylor as a member of the Advisory Board of Human Development for a term of four years ending November 30, 1999. File #15-72-110 City Clerk'*~ Office City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 Ordinance No. 32748-112795 Ordinance No. 32749-112795 Ordinance No. 32750-112795 Ordinance No. 32751-112795 Resolution No. 32752-112795 Resolution No. 32753-112795 Resolution No. 32754-112795 Resolution No. 32755-112795 Resolution No. 32756-112795 Budget Ordinance No. 32757-112795 Resolution No. 32758-112795 Budget Ordinance No. 32759-112795 Resolution No. 32760-112795 Resolution No. 32761-112795 Resolution No. 32762-112795 Resolution No. 32763-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765-112795 W. Robert Herbert December 4, 1995 Page 2 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. , City Clerk MFP:sm Enc. City Clerk's Offioe City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32761-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 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 Willett, 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. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32761-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32761-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 Willard N. Claytor Director of Real Estate Valuation Roanoke, Virginia Dear Mr. Claytor: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32748-112795 Ordinance No. 32749-112795 Ordinance No. 32750-112795 Ordinance No. 32751-112795 The aboverefemncad measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, MFP:sm Enc. pc: Mary F. Parker, CMC/AAE City Clerk Kathy Brickey, Real Estate Appraiser-Aide City Clerk's Office City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32753-112795 Resolution No. 32754-112795 Resolution No. 32755-112795 Resolution No. 32756-112795 Budget Ordinance No. 32757-112795 Resolution No. 32758-112795 Budget Ordinance No. 32759-112795 Resolution No. 32760-112795 Resolution No. 32761-112795 Resolution No. 32762-112795 Resolution No. 32763-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. James D. Grisso December 4, 1995 Page 2 If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 Wilbum C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: I am attaching copy of the following measures that pertain to your department: Ordinance No. Ordinance No. Ordinance No. Ordinance No. Ordinance No. Ordinance No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. Resolution No. 32728-112795 32741-112795 32748-112795 32749-112795 32750-112795 32751-112795 32752-112795 32753-112795 32754-112795 32755-112795 32756-112795 32758-112795 32760-112795 32761-112795 32762-112795 Resolution No. 32763-112795 Ordinance No. 32765-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32753-112795 Resolution No. 32754-112795 Resolution No. 32755-112795 Resolution No. 32756-112795 Budget Ordinance No. 32757-112795 Resolution No. 32758-112795 Budget Ordinance No. 32759-112795 Resolution No. 32760-112795 Resolution No. 32761-112795 Resolution No. 32762-112795 Resolution No. 32763-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765.112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Diane S. Akers December 4, 1995 Page 2 If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Offioe City of Roanoke, Virginia December 4, 1995 Doris B. Peters Retirement Administrator Roanoke, Virginia Dear Ms. Peters: I am attaching copy of the following measure that pertains to the Finance Department: Ordinance No. 32741-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 The Honorable Marsha C. Fielder Commissioner of the Revenue Roanoke, Virginia Dear Ms. Fielder: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32728-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoka, Virginia December 4, 1995 Gordon E. Peters City Treasurer Roanoke, Virginia Dear Mr. Peters: I am attaching copy of the following measure that pertains to your department: Ordinance No. 32728-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 Glenn D. Radcliffe, Director Human Resources Roanoke, Virginia Dear Mr. Radcliffe: I am attaching copy of the following measures that pertain to your directorate: Resolution No. 32758-112795 Resolution No. 32762-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk'a Office City of Roanoke, Virginia December 4, 1995 George C. Snead, Jr., Director Public Safety Roanoke, Virginia Dear Mr. Snead: I am attaching copy of the following measure that pertains to your directorate: Resolution No. 32751-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to cell me. Sincerely, ~/~)~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Off~ce City of Roanoke, V~rginia December 4, 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. 32748-112795 Ordinance No. 32749-112795 Ordinance No. 32750-112795 Ordinance No. 32751-112795 Resolution No. 32753-112795 Budget Ordinance No. 32759-112795 Resolution No. 32760-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Offioe City of Roanoke, Virginia December 4, 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. 32748-112795 Ordinance No. 32749-112795 Ordinance No. 32750-112795 Ordinance No. 32751-112795 Budget Ordinance No. 32759-112795 Resolution No. 32760-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 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. 32759-112795 Resolution No. 32760-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Cle~'s Offioa City of Roanoke, Virginia December 4, 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. 32759-112795 Resolution No. 32760-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 D. Darwin Roupe, Manager Supply Management Roanoke, Virginia Dear Mr. Roupe: I am attaching copy of the following measures that pertain to your department: Budget Ordinance No. 32759-112795 Resolution No. 32760-112795 Budget Ordinance No. 32764-112795 Ordinance No. 32765-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoko, Virginia December 4, 1995 The Honorable W. Alvin Hudson Sheriff Roanoke, Virginia Dear Sheriff Hudson: I am attaching copy of the following measure that pertains to your department: Resolution No. 32761-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/,~,E City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 M. David Hooper, Chief Police Department Roanoke, Virginia Dear Mr. Hooper: I am attaching copy of the following measure that pertains to your department: Resolution No. 32761-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32754-112795 Resolution No. 32761-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Gity Glerk',. Office City of Roanok®, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32761-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk'a Office City of Roanoke, Virginia December 4, 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: O~inanceNo. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32754-112795 Resolution No. 32761-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Ma~ F. Parker, CMCIAAE City Clerk MFP:sm Eric. City Clerk's Office City of Roanoke, Virginia December 4, 1995 Ronald S. Aibright, Clerk General District Court Roanoke, Virginia Dear Mr. Albright: I am attaching copy of the following measures that pertain to your department: Ordinance No. 32728-112795 Ordinance No. 32741-112795 Resolution No. 32761-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 The abovereferanced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 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. 32728-112795 Ordinance No. 32741-112795 The abovereferenced measures were adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 Marion Vaughn-Howard Youth Planner Roanoke, Virginia Dear Ms. Howard: I am attaching copy of the following measure that pertains to your department: Resolution No. 32758-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 Lori S. Spencer Grants Monitor Roanoke, Virginia Dear Ms. Spencer: I am attaching copy of the following measure that pertains to your department: Resolution No. 32758-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to call me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. City Clerk's Office City of Roanoke, Virginia December 4, 1995 Vickie L. Price Administrator Fifth District Employment and Training Consortium Roanoke, Virginia Dear Ms. Price: I am attaching copy of the following measure that pertains to your department: Resolution No. 32758-112795 The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. If you have questions, please do not hesitate to cell me. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGrNIA~ The 27th day of November, 1995. No. 32752-112795. A RESOLUTION recognizing and congratulating Wilburn C. Dibling, Jr., City Attorney, upon his receipt of the Edward J. Finnegan Award from the Local Government Attorneys of Virginia, Inc., association. WHEREAS, Wilburn C. Dibling, Jr., has served as City Attorney since 1977, after having performed with distinction in the Office of the Attorney General and the United States Army; and WHEREAS, Mr. Dibling has been a forceful and effective advocate for the City and has substantially contributed to the legal health of the City by practicing preventive law on behalf of his clients; and WHEREAS, Mr. Dibling has been a vigorous advocate of local government while serving in various capacities with the Virginia Municipal League, the Virginia Code Commission's Task Force for Recodification of Title 15.1, the Governor's Advisory Commission on the Dillon Rule and Local Government, the VML-VACO Joint Task Force on Land Use, and the Local Government Law Section of the Virginia State Bar; and WHEREAS, Mr. Dibling has held many offices in the Local Government Attorneys of Virginia, Inc. association, (LGA), including president and director, and he was, in large pan, responsible for creation of the LGA Handbook for Local Government Attorneys, an invaluable resource tool for attorneys practicing municipal law throughout the Commonwealth; and WHEREAS, on November 2, 1995, in recognition of his many achievements and accomplishments, Mr. Dibling was awarded the Edward J. Finnegan Award for Distinguished Service at the 1995 LGA Fall Conference, such award being the highest award bestowed by the LGA. THEREFORE, be it resolved by the Council of the City of Roanoke as follows: 1. Council adopts this resolution in recognition of and as a means of expressing its sincere congratulations to Wilburn C. Dibling, Jr., City Attorney, upon his receipt of the LGA's Edward J. Finnegan Award. 2. The City Clerk is directed to transmit an attested copy of this resolution to Mr. Dibling ATTEST: City Clerk. 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 November 27, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss a special award, being the annual Citizen of the Year Award, pursuant to Section 2.1-344 (A)(10), Code of Virginia (1950), as amended. DAB:se Sincerely, David A. Bowers Mayor DAVID A. BOWERS Mayor CITY OF ROANOKE OI~q~ICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-1594 Telephone: (703) 981-YA44 November 27, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss a personnel matter, being the appointment ora person to fill a portion of an unexpired term on City Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, David A. Bowers Mayor DAB:se November 27, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, VA Dear Mayor Bowers and Members of Council: This is to request that Council convene in Executive Session to discuss the use and disposition of publicly held property, specifically property held by the Roanoke Redevelopment and Housing Authority, pursuant to Section 2.1-344(A) (3), Code of Virginia (1950), as amended. Res~,ectfj~, ~ W. Robert Herbert City Manager WRH:w Roanoke, Virginia November 27, 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 needed for flood reduction and sewer interceptor lines, in accordance with Section 2.1-344(A)(3) of the Code of Virginia (1950), as amended. Respectfully submitted, W.~obert Herbert City Manager WRH:KBK:afm cc: Wilburn C. Dibling, City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File//40 Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board P. O. Box 1095 Roanoke, Virginia 24005 Dear Mr. Butler: Your communication transmitting the Abstract of Votes cast in the General Election held in the City of Roanoke on November 7, 1995, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. On motion, duly seconded and adopted, the Abstract of Votes was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Shelva S. Painter, Registrar November 10, 1995 Roanoke City Electoral Board Gilbert E. Butler, Jr., Chairman Charles T. Green, Vice Chairman Alton B. Prillaman, Secretary Mrs. Mary F. Parker City Clerk Room 454, Municipal Roanoke, VA 24011 Building Dear Mrs. Parker: Pursuant to Section 24.2-675 of the Virginia Election Laws, attached is a certified copy of the abstract of votes cast in the General Election held in the City of Roanoke on November 7, 1995. Your~ery truly, R~ano~et cEit~]leecr~orJ~'BoSae~etary ABP:bw/97 Attachment Room 109, Municipal North 215 Church Avenue, S.W., Roanoke, Virginia 24011 (703) 981-2281 Fax (703) 224-3025 P.O. Box 1095, Roanoke, Virginia 24005 ABSTRACT OF VOTES cast in the (~y/City of Virginia, at the November 7, 1995 General Election, for: ROANOKR iWE. MBER, SENATE OF VIRGINIA 21 ST District Names of Candidate* John S. Edwards J. Brandon Bell II None of Above Michael Jordan Mark Oliver Wayne Reilly Thomas C. Wray Total Votes 2~e~ived 14,116 8,755 1 1 1 1 (continue on rever~ side, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 7, 1995, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this A copy teste: 8th day of ~Vovember, 1995. Chairman Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the gigging/City of ROANOg~. Virginia, at the November 7, 1995 General Election, for: ME. MBER, HOUSE OF DEI.F. GATES 16TH District 2Varne~ of Candidates Clifton A. "Chip" Woodrum Total Votes Received 61. 8,201 Newell R. Falkinburg 4,525 Matthew Long 1 (continue on reverse *ide, if n~ed~d) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 7, 1995, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office Given under our hands this A copy teste: 8th day of November, 1995. / /~~/~ Sec~, E~cto~l Board ~4 I~STRACT OF VOTES cast in the t~mgy/City of I~OANOKE , Virginia, at the November 7, 1995 General Election, for: iV~;~iBER, HOUSE OF DELF. GATES 17TH District A. Victor "Vic" Thomas Jeffrey L. "Jeff" Artis None of Above Douglas Dickerson Total V~rotes P~eceived 7,795 2,282 1 1 (~ontinue on reoer~ ,id,, if needed) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 7, 1995, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for the above office. Given under our hands this A copy te~te: 8th day of November, 1995. Chairman Vice Chairman Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the gk~/City of ROANOg~ Virginia, at the November 7, 1995 General Election, for: CLERK OF COURT lVames of Cand~.~etes Arthur B. ~Bert" Crush III None of Above James Basham Rhonda Bird David Bowers Alice Burlinson Baker Ellett James T. Jordan John St. Leger Total Votes Received (In Figures) 17,602 1 1 1 1 1 1 1 (cont~ue on re~e *~e, ff ~e~d) We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on November 7, 1995, do hereby certify that the above is a true and correct Abstract of Votes cast at said election and do, therefore, determine and declare that the following person has received the greatest number of votes vast for the above office in said election: Arthur B. #Bert" Crush III Given under our hands this 8 th day of November, 1995. Chairman Vice Chairman Secretary Secretary, Electoral Board CT.~I~.K OF COURT 6h~z/~3/City of Roanoke Names of Candidates William A. Martin Mooch Jack Patterson John Sanzo November 7, 1995 General Election Page 2 of 2 Total Votes Received ~. Fis.~res) 1 1 1 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk December 4, 1995 File #110-488 Ms. Katherine G. Cochran 2835 Round Top Road, N. W. Roanoke, Virginia 24012 Dear Ms. Cochran: Your communication tendering your resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. On motion, duly seconded and adopted, the resignation was accepted with regret and your communication was received and filed. The Members of City Council requested that I express sincere appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Neighborhood Partnership Steering Committee. 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. ~"~'J''~'Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Ms. Katherine Cochran December 4, 1995 Page 2 pc: Richard S. Winstead, Chairperson, Roanoke Neighborhood Partnership Steering Committee, 1322 Watauga Street, S. W., Roanoke, Virginia 24015 Madam K. Alam, Neighborhood Partnership Coordinator Sandra H. Eakin, Deputy City Clerk MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.~9~, Room 456 Roanoke, Virginia 240I 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #15-110-230 Richard C. Maxwell, Chairperson Roanoke Arts Commission P. O. Box 14125 Roanoke, Virginia 24038-4125 Dear Mr. Maxwell: This is to advise you that on November 15, 1995, Ann D. Masters qualified as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1998. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Stephanie M. Moon, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Ann D. Masters, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Roanoke Arts Commission for a term of three years ending June 30, 1998, according to the best of my ability. So help me God. Subscribed and sworn to before me this/['- ~day of")'3 ,~ v/ 1995. ARTHUR B. CRUSH, III, CLERK BY , DEPUTY CLERK MARY E PARKER, CMC/AAE Cty Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #15-110-304 Thomas H. Miller, Chairperson Youth Services Citizen Board 3429 Windsor Road, S. W. Roanoke, Virginia 24018 Dear Mr. Miller: This i:s to advise you that on November 9, 1995, Chenise A. Anderson qualified as a member of the Youth Services Citizen Board to fill the unexpired term of James C. Stephens, resigned, ending May 31, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc; Marion Vaughn-Howard, Youth Planner Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Chenise A. Anderson do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as a member of the Youth Services Citizen Board to fill the unexpired term of James C. Stephens, resigned, ending May 31, 1997, according to the best of my ability. So hell:, me God. Subscribed and sworn to before me this ~ day of /~07_J 1995. ARTHUR B. CRUSH, III, CLERK BY ~'-~~ ~*'~~'~ ~ ,DEPUTYCLERK Roe.,r~,ke City .a~chiteabaraF Review Board November 14, 1995 Mayor David A. Bowers and Members of City Council Roanoke, Virginia Honorable Mayor Bowers and Members of Council: SUBJECT: Design Guidelines for City Historic Districts Enclosed for your information are two brochures and bound sets of the Architectural Design Guidelines for each of the City's H-1 and H-2 historic districts. These guidelines supplement the general design review standards for the Architectural Review Board as set forth in the City's Zoning ordinance for these districts. The guidelines are printed in an individual topic format for distribution according to project applicability and for easy update. The guidelines were developed with citizen input over the past two years to assist property owners, residents, businesses and contractors in understanding the district regulations and communicating the basic do's and don'ts for building rehabilitation and new construction. They were funded by City Council at the request of property owners, Old Southwest, Inc., Downtown Roanoke, Inc., and the Architectural Review Board. Property owners, residents, and community organizations have welcomed the illustrated guidelines. They have found them simple to follow and helpful in understanding what the Architectural Review Board expects in the districts. The city planning staff held public workshops this past July in both the H-1 and the H-2 districts to discuss the guidelines and their application. Staff are currently distributing the general information brochure to property owners in the districts and individual topics to the public on a project basis. The guidelines are also being distributed to selected realtors, architects, businesses, and others who frequently undertake projects in the districts. I hope that you will find these guidelines helpful for understanding preservation issues, the design review process, building rehabilitation, and new construction in the City's historic districts. Members of the Architectural Review Board and staff will brief you on the new guidelines at your meeting on November 27, 1995. d, hairman Archit~ectural Review Board CCZ W. Robed Herbed, City Manager Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 981-2344 NOU-21-1995 09:19 FROM HSMM, Inc. Roanoke, UR TO 9224~145 P.02 ROANOKE CIVIC CENTER iK3~r (]I~qCE BOX 130~, RO4NOKE, · FAX (703) get-zT4e · Box OFFICE (703) Nevcml~-r 21, 1995 Ms. Mary Parker City of Roanoke Office ofth~ City Clerk 215 Church Avenue SW Roanoke, VA 24011 Dear Ms. Parker: I request that I b~ placed on th~ agenda of th~ Roaaoke City Council on November 27, 1995. I will lnV. sent an annual report of the activities of the Roanoke Civic Cen~er and a summary of the highlights of last year. I would like to have approximately terl minutes. Thank you for your assi~anee. emon M. Danielscn Past Chair Roanoke Civic Center Commission NOU-31-1995 09:2? 7038573296 94~ P.02 O0 O0 O0 O0 O0 0~-- 0 0 0 0 0'~ {;8- o 0 ~0 Z ROANOKE CIVIC CENTER PATRON SPENDING DIRECT INDIRECT TOTAL FINANCIAL HIGHLIGHTS 1994-1995 $15,600,000 21 840 000 $37,440,000 TICKET SALES $ 4,448,000 TAX REVENUE RECEIVED BY CITY OF ROANOKE CITY OF ROANOKE SUPPLEMENT NET REVENUE TO CITY $1,160,000 $ 645,000 $ 515,000 ~ ~ ~ ~-°o co c~ o~ 0 Z 0 LU ~'~ I-- W 0 MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 The Honorable John S. Edwards Member-Elect Senate of Virginia P. O. Box 1179 Roanoke, Virginia 24006-1179 Dear Senator-Elect Edwards: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-254l Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Teresa W. Hatcher, Clerk City of Bedford P. O. Box 807 Bedford, Virginia 24523 Dear Ms. Hatcher: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Roy I. Lloyd, Jr., Clerk City of Radford 619 Second Street Radford, Virginia 24141 Dear Mr. Lloyd: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Daniel L. Johnson, Clerk City of Bristol 497 Cumberland Street Bristol, Virginia 24201 Dear Mr. Johnson: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/.~AE City Clerk MFP:sm Enc. ~RY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Ruth A. Harrell, Clerk Town of Pulaski P. O. Box 660 Pulaski, Virginia 24301 Dear Ms. Harrell: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Sharon P. Cassell, Clerk Town of Wytheville P. O. Box 533 Wytheville, Virginia 24382 Dear Ms. Cassell: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. ~"XA,~'Sincerely' Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240l 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Imogene G. Brumfleld, Clerk Town of Christiansburg P. O. Box 599 Christiansburg, Virginia 24073 Dear Ms. Brumfield: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 FiFe #77-137-340 Dixie O. Sheets, Clerk Town of Marion P. O. Box 1005 Marion, Virginia 24354 Dear Ms. Sheets: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/ME City Clerk MFP:sm Er'lc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 G. M. Newman, Clerk Town of Abingdon P. O. Box 789 Abingdon, Virginia 24210 Dear Mr. Newman: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City CIerk November 30, 1995 File #77-137-340 The Honorable Lorinda G. Lionberger, Member Commonwealth Transportation Board P. O. Box 20209 Roanoke, Virginia 24018-0507 Dear Ms. Lionberger: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 The Honorable Robert E. Martinez Secretary of Transportation Commonwealth of Virginia 1401 E. Broad Street, Room 414 Richmond, Virginia 23219 Dear Mr. Martinez: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Patricia W. Kost, Clerk City of Lynchburg 900 Church Street Lynchburg, Virginia 24505 Dear Ms, Kost: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 Leo J. Bevon, Director Commonwealth of Virginia Department of Rail and Public Transportation 1401 E. Broad Street Richmond, Virginia 23219 Dear Mr. Bevon: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 The Honorable Clifton A. Woodrum, III Member, House of Delegates P. O. Box 1371 Roanoke, Virginia 24007 Dear Delegate Woodrum: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. M~.RY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240I 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #77-137-340 The Honorable A. Victor Thomas Member, House of Delegates 1301 Orange Avenue, N. E. Roanoke, Virginia 24012 Dear Delegate Thomas: I am enclosing copy of Resolution No. 32753-112795 urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. Resolution No. 32753-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1995. No. 32753-112795. A RESOLUTION urging the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. WHEREAS, City Council has for some time been interested in passenger rail service for the City of Roanoke, and by Resolution No. 31374-030893, adopted March 8, 1993, City Council urged the United States Congress to support the extension of Amtrak rail service between New York and Atlanta via Roanoke; WHEREAS, the 1995 Session of the General Assembly amended the State Budget for the 1994-1996 Biennium to allocate funds for the Department of Rail and Public Transportation to conduct a feasibility study for the potential passenger service between Washington, D. between Richmond and Bristol; WHEREAS, the firm of Frederic R. Harris, implementation of rail C. and Bristol, and/or Inc., Transportation Consultants, was selected to conduct the study, and Phase I study concludes that rail passenger service between Washington and Bristol-Richmond would be feasible, and would be a proposed station along both routes; and of the Bristol- Roanoke WHEREAS, it is now appropriate for the study of the Department of Rail and Public Transportation to move to Phase II to consider in more detail the preliminary conclusions of Phase I; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council urges the Commonwealth of Virginia Transportation Board to authorize continuation of the Bristol Rail Passenger Study to confirm preliminary conclusions and refine study projections. 2. The City Clerk is directed to forward an attested copy of this resolution to the Honorable John S. Edwards, Member-Elect, Senate of Virginia, the Honorable A. Victor Thomas, Member, House of Delegates, the Honorable Clifton A. Woodrum, III, Member, House of Delegates, the Honorable Robert E. Ma~tinez, Secretary of Transportation, Commonwealth of Virginia, The Honorable Lorinda G. Lionberger, Member, Commonwealth Transportation Board, Leo J. Bevon, Director, Commonwealth of Virginia Department of Rail and Public Transportation, and to the Clerk's of the governing bodies of the cities and towns along the proposed passenger rail transportation routes. ATTEST: City Clerk. DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011-159,* Telephone: (703) 981-2444 November 27, 1995 The Honorable Vice-Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Rail Passenger Study This concerns a study being conducted by the Commonwealth of Virginia Department of Rail & Public Transportation, to determine the feasibility of implementing rail passenger service between Bristol and Washington, D. C., and between Bristol and Richmond. This is an outgrowth of a 1992 study by Amtrak related to areas not currently receiving rail passenger service. In May 1994 the city was invited to designate a representative to serve on a committee to select a consultant to conduct this study. Our Public Works Director, Bill Clark, was appointed by the City Manager to serve in that capacity. The firm of Frederic R. Harris, Inc., with offices in Northern Virginia, was selected for the study. The study was authorized by the General Assembly in the FY 1995 Budget Bill. I am attaching a copy of information which was disseminated at a recent public hearing in Roanoke City Council Chambers concerning the study results to date. The consultants have concluded that rail passenger service would be feasible along the study corridors, Bristol-Washington and Bristol-Richmond, with a station in Roanoke. Two trains a day in each direction was selected as the alternative with the greatest potential for success. Initially, the service would require subsidy, but is projected to be self-supporting by the year 2007. It is assumed that arrangements can be worked out to use existing Norfolk Southern and CSX tracks. Members of Council November 27, 1995 Page 2 The study is ready to move into its second phase, to define in more detail the preliminary conclusions. City Council is already on record in support of Amtrak service through Roanoke. I would recommend that we reaffirm this support by urging the Commonwealth Transportation Board to authorize continuation of the Bristol Rail Passenger Study by Frederic R. Harris, Inc. Sincerely, ~'~avid A. Bowers Mayor DAB:WFC:pr Attachment cc: Mary F. Parker, City Clerk W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director of Public Works Public Hearing Bristol Passenger Study Bristol' November 6:30pm - 8:30pm~,~ ~ ~, City Council City Hall 497 Roanoke 1995 November 20, 1995 6:30pm - 8:30pm Centra~ Virginia Planning Ga#efta Contemece Rm. BRISTOL RAIL PASSENGER STUDY QUESTIONS AND ANSWERS (~. Where will the train go? The proposal being studied would provide service between Bristol and both Washington, D.C. and Richmond. Trains would travel from Bristol to Roanoke with proposed stops in Abingdon, Marion, Wytheville, Pulaski, Radford and Christiansburg. From Roanoke trains would cross the Blue Ridge Mountains to Bedford and Lynchburg. At Lynchburg the train would split, with one section going to Washington, D.C. by way of Charlottesville, Culpeper, Manassas and Alexandria. The other section would go to Richmond by way of Appomattox and Farmville. How often will the trains run? The study proposes that two trains a day be operated in each direction. One train would leave Bristol in the early morning, with arrivals in Washington, D.C. and Richmond between 12:00 noon and 1:00 pm. The second train would leave Bristol about 3:30 pm and arrive in Washington, D.C. and Richmond between 10:00 pm and 11:00 pm. Southbound trains would leave Washington, D.C. at 7:15 am and 5:00 pm, and would leave Richmond at 7:45 am and 5:30 pm. The trains would arrive in Bristol at 2:00 pm and 11:30 pm. When will service start? This report is a preliminary feasibility study. The Department of Rail and Public Transportation intends to conduct a more detailed analysis of several issues raised in this first phase. Wa will be working with Norfolk Southern Corporation to identify where conflicts may occur between passenger and freight trains. Preliminary design work will be performed for the improvements to the rail lines necessary to minimize these conflicts. During this second phase of the study, which will be conducted during 1996, a detailed plan concerning the service will also be developed. It would take several years to make the necessary improvements to the rail lines and procure the trains before service could be initiated. (~. How much will it cost to ride the train? In calculating revenues for the proposed service, Amtrak's current average revenue figure of 17¢ per mile was used. Based on this rate, a trip from Bristol to Washington, D.C. would cost approximately $55.00. It is likely that the fare structure ultimately developed for this service would be similar to what Amtrak and the airlines currently use, with discounts for round trips and advanced booking. Similarly, higher fares would be charged for premium first class service. (~. What are "tilt" trains, and why is the study recommending their use? "Tilt" train is a generic name for a new generation of railroad passenger trains, These trains tilt as they are going through curves, allowing them to maintain a higher speed than conventional equipment, An important feature of this type of train is the "hunting bogie" which allows the axles of the train to follow the curves independently of each other. This type of train technology has been well proven by the X2000 trains in Sweden and other European rail equipment. Amtrak is in the process of purchasing this type of equipment for their improved service on the Northeast Corridor. (~. How fast will the trains operate? The proposed passenger service will not have a top speed any greater than the speed limit set on existing passenger trains in the region - 79 miles per hour. The passenger trains would still be bound be existing speed restrictions at such locations as dangerous rail crossings and through towns. However, the tilt technology will allow the trains to maintain a higher average speed than a conventional train because they will not have to slow down ss much for curves. Virginia Department of Rail and Public Transportation · HARRIS I)I{ tFT Revised 10/19/95 Bristol Rail Passenger Study Executive Summary October 1995 Frederic R. Harris, Inc. Transportation Economics & Managment Systems, Inc. Saeed Associates, Inc. EXECUTIVE SUMMARY S. 1 STUDY CORRIDOR The study identified an interest and potential demand for passenger service along the full length of both the Washington-Bristol and Bristol-Richmond corridors. It would appear that there is merit to operating a rail service along these corridors with up to eighteen stations. The stations would be located in major cities within the corridors and other cities and towns which passenger trains had served prior to the discontinuation of such service approximately twenty years ago. It is recommended, therefore, that additional study be conducted to evaluate the specific engineering and operational issues that would be need to be addressed in order to commence rail service and the finaqcial requirements that such service would entail. Given the range of possible service frequencies, one to four traim per day, it was determined that only the stations with the highest anticipated ridership would require staffing. Other stations would operate as unmanned stations, similar to the operation of most Virginia Railway Express (VRE) stations in northern Virginia. Table S-1 lists the proposed and existing stations and the staffing plans for each. Figure S-1 shows the location of the stations across the state. All of the scenarios tested contemplate the construction of nine unmanned stations and two manned stations. The number of stations and locations are only proposals for consideration and serve as a basis for testing the feasibility of the proposed rail system. The specific stations that are ultimately built and operated will be determined subsequent to this study. TABLE S-I PASSENGER STATIONS STAFFING EXISTING STATIONS PROPOSED STATIONS Manned Lynchburg~, Richmond, Bristol, Roanoke Charlottesville, Alexandria, Washington. Unmanned Manassas, Culpeper Abingdon, Marion, Wytheville, Pulaski, Radford, Christiansburg, Bedford, Appomat/ox, Farmville A second station is contemplated to serve the propomi east-west train service. This station would be comnucted and opereted a~ S-1 S.2 EQUIPMlgNT Two types of technology were examined as candidates for the proposed passenger rail service: conventional equipment as commonly used by Amtrak for intrastate routes and a technologically advanced train set with a hunting bogie system and using fossil fuel (diesel electric or gas- turbine)--a derivative of the European X2000 train set tested by Amtrak last year. Both types of equipment would be capable of serving some segments of the corridor at speeds as high as 79 miles per hour, the maximum speed permitted under Norfolk Southern's current policy for shared operations. The "hunting bogie" design of the advanced train set would allow the train to operate at these speeds with fewer modifications to the existing track structure. X2000 TVA- type trains could operate over the entire system at speeds of at least 55 miles per hour, and frequently at speeds of up to 79 miles per hour, with no improvements to the track alignment. Only minor track improvements, which could include the construction of passing sidings on the existing Norfolk Southern tracks, and a new connection to link the service from Lynchburg through Burkeville to the Richmond downtown station, would be necessary. More extensive track improvements would be required to permit conventional trains to operate at these speeds throughout the system. Similar improvements would be required were X2000 TVA-type trains to operate throughout the system at speeds at or near 79 miles per hour. Based upon the relatively high ridership that would be attracted and relatively low track improvement costs the X2000 TVA-type train equipment is recommended for the proposed service. S.3 OPERATING SCENARIOS Eight operating scenarios were examined under thi.q study. The scenarios are intended to bracket the range of feasible service that might be offered within the corridor. All scenarios contemplate serving all stations as described in the previous section. The differences between the scenarios relate to differences in the type of equipment placed in service, improvements to the infra- structure, and frequency of service. S.4 SERVICE RECOMMI~NDATIONS Table S-2 outlines the operating scenarios considered. Based upon the findings of this initial study, the alternative with the greatest potential for success is Scenario 6. Under this scenario, the X2000 TVA-type train would operate on essentially existin~ track without major improvements and provide two-trains a day in each direction to all stations in the system. It is recommended that Scenario 6 be investigated in greater detail. Specific engineering requirements, operational issues, including the ability to coordinate with existin~ and proposed Norfolk Southern freight operations, and financial issues, should be investigated in sufficient detail. Preliminary engineering plans for all track and facilities improvements should be developed. Specific rolling stock should be identified. Detailed costs for all capital, operating, and maintenance should be S-3 itemized and a complete financial assessment performed to identify costs and revenues over the twenty-year period subsequent to commencing operations. TABLE S-2 OPERATING SCENARIOS SCENARIO TECHNOLOGY' ENGINEERING TRAINS PER DAY 1 Conventional No improvements 1 2 Conventional Improvements 1 3 Hunting Bogie (X2000 No improvements 1 TVA) 4 Hunting Bogie (X2000 Improvements 1 TVA) 5 Conventional Improvements 2 7 Hunting Bogie (X2000 Improvements 2 TVA} 8 Hunting Bogie (X2000 Improvements 4 TVA} - TVA denotes use of fossil fuel technology. Shaded row denotes recommended option. S.5 CAPITAL COSTS Stations, track improvements, storage and maintenance facilities, and robing stock would all be covered under an initial capital expenditure. Costs for each of these facilities were determined from Amtrak, VRE, and other railroads operations around the counUy. Table S-3 summarizes the capital costs associated with each of the alternatives. S4 TABLE S-3 S~ARY OF CAPITAL COSTS (Millinns of 19945~ ROLLING STORAGE AND SCENARIO STOCK STATIONS TRACKWORK SIDING TOTAL 1 19.86 5.80 3.80 3.15 32.61 2 19.86 5.80 114.74 3.15 143.5~ 3 30.96 5.80 3.80 3.15 43.7' 4 30.96 5.80 113.09 3.15 153.0¢ 5 26.48 5.80 114.34 3.15 149.7; 6 41.20 5.80 3.80 3.15 53.9F 7 41.20 5.80 113.09 3.15 163.2.~ 8 82.56 5.80 113.09 3.15 204.6C Conventional train sets are estimated to cost approximately $6.6 million each. X2000 TVA-type train sets are estimated to cost approximately $10.3 million each. It is recommended that train sets be leased to reduce the start-up costs of the proposed service. The recommended service, X2000 TVA-type trains operating, with a frequency of two u-ains per day over unimproved tracks would cost $41.2 million: a cost of approximately $3.1 million in 1997 and $4.2 million in 2006. Two manned and nine unmanned stations would need to be constructed or refurbished (where stations currently exist but are not currently suitable for passenger use). No changes are proposed for stations on the existing line between Washington and Lynchburg nor Richmond. The cost for each unmanned station is estimated to be approximately $400,000, each manned station--S900,000. Station construction costs, therefore, would be approximately $5.8 million. Track Imnrovement Co~qt~ Some track improvements would be necessary to initiate and operate the proposed rail service regardless of the option selected. The nature and extent of those improvements would be dependent upon the specific service alternative that would selected for implementation. As a minimum, the connection in Richmond between the Norfolk Southern line running from Lynchburg to Richmond and the CSX north south line to permit trains to use the existing Richmond Station and proposed downtown stop at Main Street Station. This cost, which would include not only the train connection S-5 but modifications to the flood wail protecting the south bank of the river crossing, is estimated at approximately $3.0 million. Because of the substantiai track improvement costs for other options, as much as $114 million, Alternative 6, which entails no major track improvements, is recommended. Storage and sidings would be required to store a "spare" train set and regular equipment when not in actual operation. 1,000-foot sidings are recommended in Bristol, Lynchburg, and Washington. Additinnal Cost Considerations This preliminary report assumes that track or signal costs are limited to those improvements necessary to permit passenger rail operations at speeds of 55 mph or greater. Additional improvements may be necessary to facilitate the operation of passenger service within the beavily- travelled freight rail corridor. Further investigation in this area would be appropriate. Additional cross-overs, passing sidings, and other improvements may be required and would increase the capital expenditures to implement this service. The timing and ailocation of such costs will aiso need to be developed further. S.6 RIDERSHiP Ridership was estimated for each of the operating scenarios through a multi-tiered, logit model. Based upon a state-wide survey of travelers using private automobile, existing Amtrak service, Greyhound bus service, and airlines originating in Bristol (Tri-Cities Airport), Roanoke, Lynchburg, Richmond, and Washington (Dulles and National airports), travelers' preferences with respect to the relative vaiue of time and money were estimated in a stated preference survey. A preference for the proposed service was then established given the characteristics oft.he rail operation and the business and non-business travelers' vaiue on travel time and cost. These preferences were aiso examined in the future based upon forecasts of population, employment, and personal income between 1994 and the design horizon of this study. Table S-4 shows the anticipated ridership for each mode of ~avel, including the proposed rail service under Alternative #6. Changes in service on competing modes service could affect ridership. Because there are proposals under consideration it is recommended that there be further study of FAA, airport, and airline plans for service in the corridor. Similarly, access improvements to the mil stations (e.g., direct bus connections) could increase ddership. Consideration should be given m improvements in intermodai connections to the rail stations which could increase the attractiveness of the mil aitemative. Changes in the geographical limits of the proposed service could also have a significant impact upon totai ridership. While this study indicates appreciable demand for passenger mil service beyond S-6 sBuribSstOl and into the state of Tennessee no analysis has been performed to gauge that demand. equent study should take into consideration the potential for expanding service into Tennessee and securing cooperation from that state for more detailed analysis. TOTAL DEMAND RESULTS FOR THE RAIL SERVICE OPTION Total Study Total Corridor System Rail Area Demand Demand % Market Shares' Demand Year (in O00's) (in O00's) Air Bus Auto Rail (in O00's) 1994 22,675 21,438 6.5 3.2 86.3 4.0 1997 26,154 24,727 4.5 3.1 86.3 6.1 520 2002 32,053 30,304 4.5 3.1 86.2 6.1 640 2007 37,869 35,803 4.6 3.1 86.2 6.2 755 2012 43,628 41,248 4.6 3.1 86.2 6.2 873 2017 53,882 50,943 4.6 3.1 86.2 6.2 1,079 · Market share as a percentage of total corridor demand. S.7 REVENUES The revenues generated by the rail service options in practice would include not just fares paid by passengers but also the revenues from car parking, car rental facilities, express package services, station concessions, and on-board services. For the purpose of this analysis, however, only revenues derived from the fare box have been included. While this source of revenue is the most significant, it represents an estimate of the potential income that the rail service options can generate. Additional, non-passenger revenues, such as advertising, are not included in this estimate. Table S-5 shows the anticipated revenues for Option//6 over the twenty-year planning horizon of this study. TOTAL REVENUE PROJECTIONS FOR OPTION #6 (Millions of Annual Year Revenues 1997 17.5 2002 21.4 2007 25.6 2012 29.3 2017 36.2 S-7 S.8 OPERATING AND MAINTENANCE COSTS Key cost items include the maintenance of track, signals and communications, rolling stock lease costs, the operations of trains including crew, energy costs, the care of passengers at stations and terminals and, finally, the management and administrative costs associated with marketing, financial control, operating and engineering management of the railroad. The annual operating and maintenance cost estimates were derived by applying unit costs to the relevant operating statistics such as vumber of train set miles, route miles, track miles and passengers. Table S-6 presents an estimate of anmlal operating alxi maintenance costs for Option//6. EST1MA~D ANNUAL OPERATING AND MAINTENANCE UNIT COSTS FOR OPTION #6 f199~$] Track Access Fees Transportation Costs Rolling Stock Maintenance Train Crew Station Costs Energy Administration Sales and Marketing Insurance Costs Rolling Stock Lease Costs to Inc~:ded in Track Access Fees Per Train Mile $10.00 $6,841,120 Per Train Mile I~) o~ Per Train Mile 7.28 4,980,335 Per Train Crew Annually 3.16 2,160,000 Per Passenger 2.92 1,557,000 Per Train Mile 1.80 1,231,402 of Other Costs 7% 704,335 Per Passenger 0.25 133,185 Per Passenger 1.88 1,001,553 Per Year (15 Years) 3,066,514 3,066,514 Some of these cost items will need to be negotiated. Track access fees, for example, will need to be negotiated with Norfolk Southern and other freight and passenger lines. The cost estimates used in this report should be considered prdiminary. S-8 1997 2002 2007 2012 2012 Operating & Maintenance Coats 19.2 21.3 21.1 21.1 21.1 Roiling Stock Lease Costs 3.1 3.1 3.1 0.0 0.0 Total Operating Costs 22.3 24.4 24.2 21.1 21.1 S.9 FINANCIAL AND ECONOMIC ANALYSIS Each of the alternatives was evaluated to determine the financial and economic costs and benefits that would accrue from their implementation. The following measures were employed: ~-,r. fgiag. Ra~: The ratio of revenues to operating and maintenance costs gives an indication of the financial merits of the project. Comparable passenger rail service around the country has typically produced ratios of between 0.60 and 1.00. The operating ratio for this project is projected to be 1.04 over the twenty-year planning horizon of this study. Table S-7 presents the results of the financial and economic analysis of the project. ],~¢X..I~C. RC.f~: Using the consumer surplus concept, transportation improvements provide time and cost saving to both existing users and new users who are induced to make a trip or diverted from a previously used mode. Communi~ Benefi[: Non-travellers' benefit from the implementation of rail service through increase in household income, property values and the number of permanent jobs that would occur as a result of the project. $-9 TABLE FINANCIAL & ECONOMIC ANALYSIS MEASURE DESCRIPTION MILLIONS OF 19945 Operating Ratio Revenues/operating 1.04' and maintenance coats Consumer Surplus 1997 213.8 Benefit 2017 442.5 Present Value 4,058.0 FOR 20-YEAR LIFE UNITS ANNUAL OF PROJECT Community Benefits Increase in 857 13,140" Employment (number of full-time jobs) Increase in 52.9 585.1 Household Income (millions of 19945) Increase in Property 39.0 39.0 Values (millions of 19945) Total (millions of -- 624.1 19945) Does not include capital costs but does include rolling stock lease costs. ** Person-years of employment, i.e., number of jobs multiplied over 20 years. $.10 INSTITUTIONAL ISSUES Additional considerations will need Io be addressed before a passenger rail service can be instituted. Some of these considerations arise from the fact that the proposed service would likely be operated by a conUact operator rather than a flee-standing transportation entity. Similarly, the right-of-way over which the proposed service would travel is by a private, independent, freight railroad company, Norfolk Southern Corporation. No detailed discussions have taken place between Norfolk Southern and DRPT. Issues of compensation, schedule, liability, and capital improvements will need to be negotiated with the railroad. This study provides an estimate for the cos~ of construelJng typical manned and unmanned stations at the various proposed stop locations. The actual cost of building new stations or rehabilitating S-10 existing stations will vary depending on local conditions. Subsequent studies will look at the station costs in more detail and identify potential funding sources that could be used by localities to construct station facilities. Coordination between fi.eight and passenger service may increase travel times of passenger trains and also affect the hours during which such service can nm. Subsequent analysis will need to investigate the interplay between freight and passenger service as well as means of maximizing both operations through the construction of additional track and sidings and other means. Another issue that may affect the ultimate schedule for passenger service is the speed restrictions on the existing tracks. Norfolk Southern authorizes speeds of up to 79 mph on the Washington- Lynchburg segment. Maximum speeds are lower on other segments. The reasons for these limitations will need to be investigated and means sought to overcome physical and other barriers to higher speeds. Operations at the proposed Woodall station in Lynchburg will need to be investigated in greater detail. Means will need to be identified to minimize potential congestion and conflicts with Norfolk Southem's already congested operations at Kinney Yard. None of these "institutional issues," however, would appear to preclude the feasibility of operating the proposed passenger rail service. S-Il  L~~!~!~ Bristol ii Passenger COMMENT SHEET PUBLIC HEARING Bristol Rail Passenger Service Study Name: Address: ZIP CODE:__ Please provide us with any coments you may have concerning the Study. Attach additional pages if necessary: )el~lr~nlent of rran~aortntion How did you hear about this Meeting? Newspaper (Name Paper): ~ Other: Please leave this comment sheet at the hearing or. mail to the address on the reverse side. Return Address 'LACE STAK4P HERE POST OFEICE WILL HOT DELIVER WITHOUT pROPER POSTAGE TO: Mr. Alan C. Tobias Virginia Department of Rail and Public Transportation 1401 East Broad Street Richmond, Vir$inia 23219-1939 IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINL~ The 27th day of November, 1995. No. 32754-112795. A RESOLUTION authorizing the execution of a contract between the City of Roanoke, the Clerk of the Roanoke City Circuit Court and the Commonwealth's Attorney for the City of Roanoke to provide for the collection of certain past due fines and court costs. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager, for and on behalfoftbe City, is hereby authorized to enter into a contract with the Clerk of the Roanoke City Circuit Court and the Commonwealth's Attorney for the City of Roanoke to provide for the establishment of a program for the collection of certain fines and court costs which are past due. 2. The contract which shall be approved as to form by the City Attorney shall be in substantially the form attached as Exhibit 1 to the City Manager's letter dated November 27, 1995 to this Council. ATTEST: City Clerk. Roanoke, Virginia November 27, 1995 95-603 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council Subject: Contract between the Clerk of the City of Roanoke Circuit Court and the Commonwealth's Attorney for the City of Roanoke for the Collection of Delinquent State and Local Fines and Court Costs I concur with the recommendation from the Commonwealth's Attorney relative to the above referenced subject and recommend that City Council authorize the execution of the contract attached as Exhibit 1 to this letter. Respectfully submitted, W. Robert Herbert City Manager Attachment CC: Assistant City Manager Budget Administrator City Attorney City Clerk Commonwealth's Attorney Director of Finance DONALD $.EALDWELL COMMONWEALTH'SATTORNE¥ GOylyioNWEALTI+ OF VIRGiNi 1 CITY OF rOANOKE OFFICE OF THE COMMONWEALTH'S ATTORNEY 315 CHURCH AVENUE ROANOKE. VIRGINIA 24016 November 1, 1995 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Subject: Contract between the Roanoke City Circuit Court and the Roanoke City Commonwealth Attorney's Cost Collection Unit for the Collection of Delinquent State and Local fines and court costs Dear Mayor Bowers and Members of City Council: I. Backqround In its meeting of June 13, 1994, Roanoke City Council authorized the City Manager to enter into a contract with the Roanoke City General District Court and the Commonwealth Attorney's Office for the collection of delinquent state and local fines and court costs. Council further authorized the establishment of a Cost Collection Unit within the Commonwealth Attorney's Office to handle those collections. Pursuant to these authorizations, the Cost Collection Unit began operation in September 1994, and for fiscal year 1994-95, the total receipts to delinquent collections were increased almost 70% over the previous fiscal year. As a result of the increased receipts, the Cost Collection Unit's revenue exceeded its projected budget. The resulting 50% split of excess revenue between the state and locality created an increased cash benefit to Roanoke City of 71.58% over the previous year. Members of City Council November 1, 1995 Page 2 II. Current Situation no The Clerk of the City of Roanoke Circuit Court has agreed to enter into a contract with the City of Roanoke and the Commonwealth Attorney's Cost Collection Unit for the collection of delinquent state and local fines and court costs owed the Circuit Court. B. Said contract must be approved by Council. III . Issues Approve contract between Roanoke City Circuit Court and the Roanoke City Commonwealth Attorney's Cost Collection Unit for the collection of delinquent state and local fines and court costs. Additional Circuit Court collection efforts will be funded through the existing budget. IV. Alternatives City Council approve contract between the Roanoke City Circuit Court and the Roanoke City Commonwealth Attorney's Cost Collection Unit. The City will have an additional opportunity to collect delinquent local fines and court costs, as well as the opportunity to share in state revenue. City Council not approve the contract between the Roanoke City Circuit Court and the Roanoke Commonwealth Attorney's Office. Circuit Court collections would be referred to either the State Tax Department or a private collection agency. Opportunity to share in additional State revenue lost. Recommendation ao City Council concur with alternative "A" and allow and approve the contract between the Roanoke City Circuit Court and the Roanoke City Commonwealth Attorney's Cost Collection Unit. Members of City Council November 1, 1995 Page 3 $ o Authorize the City Manager to sign and execute all appropriate documents pertaining thereto. Respectfully submitted, DSC:rpm Donald S. Caldwell Commonwealth's Attorney cc: City Manager City Attorney Director of Finance Budget Administrator EXHIBIT 1 This contract, made and entered into this day of October, 1995, by and between the Clerk of the Roanoke City Circuit Court, the Commonwealth's Attorney for the City of Roanoke, and the City of Roanoke provides as follows: 1. ~: The purpose of this contract is to outline the proper proceedings to be instituted for the collection and satisfaction of delinquent accounts and interest thereon subject to collection by the Commonwealth's Attorney. Court-ordered payment of restitution to the victims of crimes and monies collected by the Department of Taxation under the Set-Off Debt Collection Act are excluded from the terms of this contract. 2. EFFORTS: The Commonwealth, s Attorney shall make reasonable and diligent efforts by lawful means to collect all delinquent accounts. 3. ASSIGNMENT OF CONTRACT: This contract shall not be assignable by the Commonwealth's Attorney, in whole or in part. However, private legal counsel may be retained for the assistance of collection efforts on individual cases when the debtor is located in a jurisdiction outside the City of Roanoke if, in the opinion of the Commonwealth's Attorney, this would be cost effective. Such a s~bcontract must be reduced in writing by the Commonwealth's Attorney. Any legal counsel retained in such a case must be located in the state in which the debtor is found and be subject to the rules and regulations promulgated by the Executive Secretary of the Supreme Court of Virginia, the Auditor of Public Accounts, and the Attorney General. This provision does not prohibit the use of other lawyers or nonlawyer staff in the Commonwealth's Attorney office. 4. ~__~~: This contract is subject to amendment at any time by provisions approved by the parties, the Office of the Attorney General and the Office of the Executive Secretary of the Supreme Court upon reasonable notice. Further, the parties understand that there may be legislative changes which may necessitate alteration of this contract. If any such alteration is unacceptable, any party to the contract may terminate the contract as provided in paragraph 6 of this contract. 5. ADHERENCE: The Commonwealth's Attorney covenants that he will at all times abide by current guidelines then in force and effect as they are agreed upon, promulgated and/or amended by the Office of the Attorney General and the Office of the Executive Secretary of the Supreme Court. 6. ~: The parties to this contract have the right to terminate this contract upon forty-five (45) days notice for any reason whatsoever. 7. FUNDING AND DISBURSEMENT: The Commonwealth's Attorney Cost Collection Unit shall be funded from a percentage of the money collected, such percentage herein after referred to as the "collection fee". This collection fee shall be 35% of the delinquent accounts collected by the Commonwealth's Attorney Cost Collection Unit and paid to the Circuit Court Clerk pursuant to Paragraph 12. 8. FORM OF REFERRAl: By statute (Va. Code § § 19.2-340 and 19.2-349), all unpaid fines, costs, and penalties constitute a judgment in favor of the Commonwealth for which "execution may issue thereupon in the same manner as upon any other monetary judgment." Therefore, Commonwealth's Attorney Unpaid Fines & Cost Commonwealth's Attorney the clerk of court will provide to the the automatically generated Listing of report of delinquent accounts. The will not be provided the case files or accounts shall be copies of the files on a routine basis. 9. FE PE OD: Ail delinquent transferred to the Commonwealth's Attorney until the accounts are collected in full. 10. SETTLEMENT OF CLAIM~: The Commonwealth's Attorney has no authority whatsoever to compromise or otherwise settle any case for less than the amount of the judgment plus any accrued interest. 11. DEFINITION OF DELINOUENTACCOIINT: Delinquent account is defined as all fines, costs, forfeitures, and penalties which are delinquent more than forty days. 12. RECEIPT OF MONEY COLLECTRD: The Circuit Court Clerk's office shall receive money subject to collection through the existing automated financial system. 13. DETERMINATION OF COLLE~TIQN FEE: The Circuit Court Clerk's office shall determine the collection fee, as defined above, received from the delinquent accounts on a daily basis from the Receipts and Collection Accounts report. The Clerk shall then subtract the collection fee from the collection revenue received and make journal vouchers to the appropriate revenue holding account. The collection fees will be transmitted to the Roanoke City Director of Finance on a weekly basis. The remaining collection revenue received is distributed to' the State and Locality using the current weekly closeout procedure. 14. FUNDING OF COLLECTION PROGRAM: The collection program established herein shall be funded using the collection fees. Roanoke City shall pay the actual expenses with the collection fees received from the Clerk's office. Roanoke City shall maintain distinct records of the collection fees received and the actual expenses of the collection program. Roanoke City shall report annually to the Commonwealth's Attorney regarding the expenses of the collection program and the collection fees collected, such report shall be due no later than 45 days after the annual accounting period. Simultaneously therewith, Roanoke City shall divide the collection fees remaining after the payment of the collection program's actual expenses equally between the Locality and the State. The portion due the State shall be remitted to the appropriate State agency. 15. INSPECTION ANDRETENTION OF RECORDS: The Commonwealth's Attorney expressly agrees to allow inspection and audit at any time by the Auditor of Public Accounts of all records and files pertaining to accounts referred under this contract. The Commonwealth's Attorney further expressly agrees to retain the records of transactions under this contract for a period of no less than five years. 16. V ITY: The Commonwealth's Attorney shall not engage in any unethical or illegal actions in the collection of these accounts. 17. APPLICABLE LAW AND COURTS: This contract shall be governed in all respects by the laws of the Commonwealth of Virginia and any litigation with respect thereto shall be brought in the courts of the Commonwealth. The shall comply with any applicable federal, regulations. 18. OBLIGATION OF CLERK: to provide services to the Commonwealth,s Attorney state and local laws and The Clerk shall have no obligation Collection Unit not specifically required by this contract. The Collection Unit staff shall have access to the Clerk's records to obtain information in addition to that provided by the Clerk. As used in this contract: --"Accounts" means all individual listing of. unpaid fines, costs, penalties, and interest provided by the court. --"Forms" means official forms approved by the Office of the Attorney General and the Supreme Court of Virginia and printed by the Office of the Executive Secretary of the Supreme Court of Virginia; --"Instructions" means the printed official directions for completing and distributing official forms. These instructions will be printed by the Office of the Executive Secretary of the Supreme Court of Virginia and distributed through the Clerk. --"Clerk" means the Clerk of the Circuit Court for the City of Roanoke and his staff. IN WITNESS T~EREOF the parties have caused the contract to be executed by the following duly-authorized officials: Commonwealth's Attorney~for the City of Roanoke Donald S. Caldwell Date Clerk of the Roanoke City Circuit A~thur B. Crush, III Court Date/ City Manager of the City of Roanoke Date W. Robert Herbert MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File ~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 Resolution No. 32756-112795 authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Breckinridge Middle School, in the amount of $5,000,000.00. Resolution No. 32756-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. pc; Dr. 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 William X Parsons, Assistant City Attorney IN THECOUNCrI. FORTHECITY OF ROANOKE, VIRGINIA The 27th day of November, 1995. No. 32756-112795. A RESOLUTION authorizing the School Board for the City of Roanoke to make application for a loan from the State Literary Fund for modernizing Brecldmidge Middle School. WHEREAS, the School Board for the City of Roanoke, on the 27th day of November, 1995, presented to this Council an application addressed to the State Board of Education of Virginia for the purpose of borrowing from the Literary Fund $5,000,000.00, for replacing the present school building at Breckinridge Middle School, to paid in twenty (20) annual installments, and the interest thereon at four percent (4%) paid annually. BE IT RESOLVED that the application of the City School Board to the State Board of Education of Virginia for a loan of $5,000,000.00 from the Literary Fund is hereby APPROVED, and authority is hereby granted the said City School Board to borrow the said amount for the purpose set out in said application. The Council of the City of Roanoke will each year during the life of this loan, at the time it fixes the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for appropriation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. ATTEST: City Clerk. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #~7 The Reverend C. Nelson Harris, Chairperson Roanoke City School Board 2813 Edgewood Street, S. W. Roanoke, Virginia 24015 Dear Reverend Harris: I am enclosing copy of Resolution No. 32755-112795 authorizing the School Board for the City of Roanoke to expend funds out of the City's capital improvement fund up to $6,375,000.00, for the cost of replacing the present school building at Breckinridge Middle School, and declaring the City's intent to borrow to fund or reimburse such expenditures. Resolution No. 32755-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Dr. 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 William X Parsons, Assistant City Attorney INTHECOUNCILFORTHECITY OF ROANOKE, VIRGINIA The 27th day of November, 1995. No. 32755-112795. A RESOLUTION authorifing the School Board for the City of Roanoke to expend funds for adding to and improving the present school building at Breckinridge Middle School and declaring the City's intent to borrow to fund or reimburse such expenditures. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The school board of the City of Roanoke is authorized to expend out of the City% capital improvement fund up to $6,375,000.00 for the cost of replacing the present school building at Breckinridge Middle School ("the Project"). 2. In accordance with U. S. Treasury Regulations § 1.150-2, it is hereby declared that the City reasonably expects to reimburse expenditures for the Project with proceeds of debt to be incurred by the City. The maximum principal amount of debt expected to be issued for the project is $6,375,000.00. 3. This is a declaration of official intent under Treasury Regulation § 1.1 $0-2. 4. The City Clerk is directed to make a copy of this resolution available for public inspection at the City Clerk's Office, 456 Municipal Building, Roanoke, Virginia 24011, within thirty (30) days fi.om the date hereof until the date of issuance of the debt from the proceeds of which the expenditures for the project are to be reimbursed. ATTEST: City Clerk. C. Nelson Harris, Chairman Marilyn L. Curtis, Vice Chairman Charles W. Day Marsha W. Ellison Melinda J. Payne Dr. Finn D. pincus John H. Saunders Dr. E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board fRoanoke City School Board P. 0 .Box 13145, Roanoke, Virginia 24031 ,, 54~981L2381 ,, Fax: 540-981-2951 ~ November 15, 1995 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 2401 I Dear hlembers of Council: As the result of official School Board action at its meeting on November 14, 1995, the School Board respectfully requests City Council to approve a State Literary Fund loan applica- tion in the amount of $5.0 million for the Breckinridge Middle School reconstruction project. The loan application includes a resolution for architectural supervision. The debt service on the loan will increase the Board's debt service expenditure by $450,000 in FY97-98, but no debt service liability is incurred until funds are drawn against the loan account_ The Board appreciates the approval of this request. Sincerely, June S. Nolley, CPS Clerk of the Board re Enc. cc: Rev. C. Nelson Harris Dr. E Wayne Harris Hr. Richard L. Kelley Hr. William L. Hurray, Jr. Mr. Kenneth F. Plundy Hr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Excellence in Education APPLICATION FOR LOAN FROM THE LITERARY FUND OF VIRGINIA Name of School Breeklnridg~ KAiclcllo S~'hnnl Name of ~Kt~City Vloanoke To THE STATE BOARD OF EDUCATION, Richmond, Virginia: Gentlemen: The School Board for the Illo~City of nngr~ok~ hereby makes application for a loan of $ 5 i3 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering 3901 Williamson Road, N. W. (making permanent improvement to) a school building located at __.lRl:~__2~t0~2 , as follows: (Describe briefly) that will accommodnte 500 pupils 1. The said building, addition, or permanent improvement described above, to be of brick (Type of construction, brick, frame, etc.) will be used as a middle school building, and is estimated to cost $ 6.0 (Elem., H. S., Comb. Elem. & H.$.) 2. The total estimated value of the existing school plant, including site, plus the proposed building addition, or perma- nent improvement thereto, is $ 8,224.000.00 of $ There is at present a loan from the Literary Fund on this ~Breckinridge Middl~ School {'Building or school plant) in the amount 4. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement there- to, and site, on account of which such loan is made. 5. The site on which this building, addition, or permanent improvement, will be located contains __ 10 acres, of which 10 __ acres are well suited and useable, or can be easily improved and made useable, for playground and recreational purposes. 6. The plans and specifications for the building or improvement, complying with Minimum School Building Re- quirements, have been or will be approved by the division superintendent of schools and the Superintendent of Public Instruction before construction is begun. It is understood that the State Board of Education reserves the right to with- hold any part or all of the amount of this loan, if the plans and specifications approved by the Superintendent of Public Instruction are not followed. (1) 7. The proposed building, addition, or permanent improvement, is desirable because: (Explain briefly) Permanent improvements are required to modernize electrical, plumbinq, mechanical, and structural components of the school; modernize cafeteria, auditorium and gym; and provide handicap access through reconstruction of present building. 8. The present total indebtedness of the ~u~a~-City for school buildings is $ 17.233:161.00 $ 3:938:000.00 is owed to the Literary Fund. · of which 9. This ~a,~-City has not defaulted or failed to meet its debt service obligations as and when due for the past five years except, as follows: Non~ i0. Adequate and satisfactory supervision of construction will be provided by the school board in accordance wkh the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education. 1 I. The building or improvement for which this application for a loan is made is part of a long-range planning program in accordance with the provisions of "Minimum Requirements and Standards for School Buildings," Regulations State Board of Education, and is recommended in the study or survey made by (give title and date) Five-Yenr Capita~ Improvemer~_~995 12. This loan is to be made for 20 years, and is to be paid in 20 the rate of 4 per centum per annum, payable annually. annual installments, with interest at .13. The Board of Supervimrs for the County, or the Council for the City, has by resolution (page 3 of this application), agreed to provide for the repayment of this loan. 14. The School Board is not in default in the payment of any part of the principal of any previous loan from the Lit- erary Fund and, for at least two years immediately before this loan, has not been more than six months in default in the pay- ment of interest due on any loan from the Literary Fund. Given under my hand this the 14th day of November , 19 95 , THE SCHOOL BOARD OF ROANOKE Clerk· SEAL '~0 C. Nelson Harris, Chairman Marilyn L. Curtis, Vice Chairman Charles W. Day /..-Roanoke City School Board Marsha W. Ellison Melinda J. Payne Dr. Finn D. Pincus John H. Saunders Dr. E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board P. O .Box 13145, Roanoke, Virginia 24031 · 540-981-2381 · Fax: 540-981-2951 November 14, 1995 RESOLUTION WHEREAS, the Roanoke City School Board has approved the design plans for Brecldnridge Middle School and actual construction is scheduled to proceed in June, 1996; and WHEREAS, State Literary Fund Loan regulations require that professional supervision be provided by the School Board for all projects funded by Literary Fund loans. THEREFORE, BE IT RESOLVED that the Roanoke City School Board agrees to retain .professional services (the architectural firm of Rife & Wood) to supervise the addition and ~mprovements to Breckinridge Middle School. E Wayne Ha~is, Ed.D., Superintendent C. Nelson Harris, Chairman Excellence in Education November 27, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Application for State Literary Fund Loan by the School Board I have reviewed the attached report requesting approval of a State Literary Fund Loan application. I recommend that you concur with this request of the School Board. Director of Finance JDG/ICF/bls Attachments c: Steve Jordan, Accountant MARY E 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: (540) 981-2541 Fax: (540) 224-3145 November 30, 1995 File #60-467-472 SANDRA H. EAKIN Deputy City Clerk 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. 32757-112795 amending and reordaining certain sections of the 1995-96 School and General Fund Appropriations, providing for appropriation of $187,110.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund, for purchase of instructional and administrative computers, replacement of school buses, replacement of carpet at Westside Elementary School, purchase of a maintenance utility loader, purchase of facility maintenance equipment, and addition of classroom space and alteration of school facilities. Ordinance No. 32757-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; Dr. E. Wayne Harris, Superintendent, Roanoke City Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools June S. Nolley, Clerk of the Roanoke City School Board William X Parsons, Assistant City Attorney IN THE COUNCIL OF THE CITY OF RO~OKE, VIRGINI~ The 27th day of November, 1995. No. 32757-112795. AN ORDINANCE to amend and reordain certain sections of the 1995-96 School and General Fund Appropriations, an emergency. WHEREAS, for the usual daily Government of the City of Roanoke, exist. and providing for operation of the Municipal an emergency is declared to THEREFORE, BE IT ORDAINED by the Roanoke that certain sections of the 1995-96 School Fund Appropriations, be, and the same are hereby, reordained to read as follows, in part: Council of the City of and General amended and School Fund AmnroDriations Education Facilities (1-7) .................................. Revenue Education Non-Operating (8) ................................. $101,882,133 2,320,641 $ 98,711,105 37,439,389 A o r' ' Nondepartmental Transfers to Other Funds (9) ...................... F~d Balance Capital Maintenance and Equipment Replacement Program - School Unappropriated (10) ............. $ 51,346,346 50,457,495 $ 900,650 1) Instructional and Administrative Technology 2) Replacement of School Buses 3) Replacement of Carpet 4) Purchase of Equipment 5) Facility Maintenance Equipment 6) Elementary Classroom Additions 7) Elementary Magnet School Alterations 8) Transfer from General Fund 9) Transfer to School Fund 10) CMERP School (030-060-6006-6302-0826) $ 14,974 (030-060-6006-6676-0808) 50,286 (030-060-6006-6681-0802) 36,909 (030-060-6006-6683-0821} 22,969 (030-060-6006-6681-0821) 17,922 (030-060-6006-6681-0829) 2,919 (030-060-6006-6681-0851) (030-060-6000-1037) (001-004-9310-9530) (001-3324) 41,131 187,110 187,110 187,110 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. C. Nelson Harris, Chairman Mariiyn L. Curtis, Vice Chairman Charles W. Day Marsha W. Ellison Melinda J. Payne Dr. Finn D. Pincus Roanoke "City School Board P. O .Box 13145, Roanoke, Virginia 24031 . 540-981-2381 · Fax: 540-981-2951 John H. Saunders Dr. E. Wayne Harris, Superintendent June S. Nolley, Clerk of the Board November 15, 1995 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 2401 I Dear Members of Council: As the result of official School Board action at its November 14 meeting, the Board respectfully requests City Council to appropriate :$187,110.00 from the 1995-96 Capital Maintenance and Equipment Replacement Fund. The proceeds will be used for the purchase of instructional and administrative technology, the replacement of school buses, the replace- ment of carpet at Westside Elementary School, the purchase of a maintenance utility loader, the purchase of facility maintenance equipment~ and the alteration of school facilities. The Board appreciates the approval of this request. Sincerely, ~une $. Nolley, CPS Clerk of the Board re cc: Rev. C. Nelson Harris Dr. E. Wayne Harris Mr. Richard L. Kelley Hr. William L Murray Mr. Kenneth F. Mundy Mr. W. Robert Herbert Hr. Wilburn C. Dibling Hr. James D. Grisso Mrs. Ila Farris (with accounting details) Excellence in Education November 27, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Request for the Appropriation of CMERP Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate $187,110 from the School portion of the Capital Maintenance and Equipment Replacement Program. The CMERP funds will be used for the purchase of instructional and administrative computers, the replacement of school buses, the replacement of carpet at Westside Elementary School, the purchase of a maintenance utility loader, the purchase of facility maintenance equipment, the addition of classroom space and the alteration of school facilities. This is the fourth appropriation of the School Boards FY95 CMERP funding of $2,394,036. This will leave an unappropriated balance of $900,651. We recommend that you concur with this request of the School Board. ~-?~'~'<'~ D.~ire c t o~r ~ce JDG/ICF/bls Attachments c: Ila Farris, Senior Accountant IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1995. No. 32758-112795. A RESOLUTION authorizing the City Manager to execute Amendment No. 1 to the Agreement with the Fifth District Employment and Training Consortium regarding the Operation Bootstrap Program to carry over funds from the previous year's contract to the current contract for the program. 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, Amendment No. 1 to the Agreement dated July 31, 1995, with the Fifth District Employment and Training Consortium regarding the Operation Bootstrap Program ("Program"), in form similar to Amendment No. 1 which is attached to the City Manager's report dated November 27, 1995, to this Council, which Amendment No. 1 provides for carrying over $1,878.00 from the previous year's contract to the current year's contract for the Program and increasing the amount of Community Development Block Grant (CDBG) funds to be spent on the Program in Fiscal Year 1995-96 by an equal amount, all of which is more fully set forth in the City Manager's report dated November 27, 1995, to this Council. 2. The form of Amendment No. 1 Bhall be approved as to form by the City Attorney. ATTEST: City Clerk. Roanoke, Virginia November 27, 1995 95-41 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Amendment No. 1 to the Community Development Block Grant (CDBG) Agreement with the Fifth District Employment & Training Consortium (FDETC) for the Operation Bootstrap Program. City Council a_nproved the execution of an Agreement with FDETC for funding the Operation Bootstrap Program utilizing CDBG funds available from the 1995- 1996 allocation of Community Development Block Grant (CDBG) funds by Resolution No. 32555-071095 on July 10, 1995. The FDETC has requested by letter $1.878 in funds remaining in the previous 1994-1995 CDBG Contract for Services for the Operation Bootstrap program, to be added to the current 1995-1996 CDBG Contract for Services for the Operation Bootstrap program, dated July 31, 1995. The scope of services is to provide employment training opportunities and supportive services as well as assistance with securing improved housing to very low income families. The Subgrantee shall address the barriers to economic self- sufficiency that are encountered by many underemployed and unemployed individuals. The following changes to the Agreement have been requested by the Fifth District Employment and Training Consortium: Add the remaining $1.878 in CDBG fimds from the previous CDBG Contract for Services for the Operation Bootstrap program to the $10.613 in CDBG funds in the current CDBG Contract for Services for the Operation Bootstrap program. Make changes in the Scope of Services and Compensation and Method of Payment sections of the Agreement. Members of Council Page 2 III. Issues: Make the necessary changes in the itemized budget to reflect the changes listed above. IV. B. C. D. Cost to the City Timing Impact on community development in the City Compliance with applicable regulations Alternatives: Authorize the City_ Manager. or the Assistant City Manager. to execute, and the City_ Clerk to attest, the attached CDBG Amendment No. 1. to the Agreement with Fifth District Employment & Training Consortium regarding the Operation Bootstrap Program. in a form acceptable to the Ci_ty Attorney. 1. Cost to the City will not change. T__iming is important since the previous agreement expired on June 30, 1995 with a balance of $1.878 remaining and FDETC intends to utilize the remaining CDBG funds to increase the staff time spent on the current 1995-1996 Contract for Services for the Operation Bootstrap program. Impact on community development would continue, as these additional funds will allow staff to increase their efforts in enhancing the employment training opportunities and improving housing options for very low income families. Compliance with applicable regulations is assured. The amendment will be approved as to form by the City Attorney. Project monitoring is provided by the Office of Grants Compliance staff. Do not authorize the City Manager. of the Assistant City Manager. to execute the attached Amendment No. 1 to the Agreement with Fifth District Employment & Training Consortium regarding Operation Bootstrap program. 1. Cost to the City will not change. Members of Council Page 3 2. Timing would not be an issue. Impact on community development would continue however, these additional funds will allow staff to increase their efforts in enhancing the employment training opportunities and improving housing options for very low income families. Compliance with applicable regulations would still be assured. Project monitoring would continue to be provided by the Office of Grants Compliance staff. It is recommended that City Council concur with Alternative A and authorize the CiB, Manager. or the Assistant City_ Manager. to execute, and the City Clerk to attest, the attached CDBG Amendment No. 1. to the Agreement with Fifth District Employment & ~ regarding the Operation Bootstrap Program, in a form acceptable to the City Attorney. Respectfully Submitted, W. Robert Herbert City Manager WRH/VST Assistant City Manager City Attorney Director of Finance Director of Human Development Youth Planner Office of Grants Compliance Administrator, FDETC Amendment No. 1 to 1995-1996 Contract for Services THIS AMENDMENT, entered into this day of by and between the CITY OF ROANOKE (Grantee) and the FIFTH DISTRICT EMPLOYMENT AND TRAINING CONSORTIUM (Subgrantee). ,1995 WHEREAS, the Grantee and the Subgrantee have, by a Contract for Services under the Community Development Block Grant (CDBG) program, dated July 31, 1995, contracted for the provisions of certain services by the Subgrantee in relation to the implementation of the Operation Bootstrap program; and WHEREAS, the previous 1994-1995 CDBG Contract for Services with FDETC has expired as of June 30, 1995 with a remaining balance of $1,878; and WHEREAS, these funds can be added to the current Contract for Services dated July 31, 1995, to provide additional support costs associated with the activities for the duration of the Contract; NOW, THEREFORE, the Grantee and Subgrantee do mutually agree to amend: Part I, Section 3, shall read as follows: Operation Bootstrap - The Subgrantee shall provide employment training opportunities and supportive services as well as assistance with securing improved housing options to approximately 54 very low income families. The Subgrantee shall address the barriers to economic self-sufficiency that are encountered by many underemployed and unemployed individuals. The total amount of CDBG funds used for this project shall not exceed $12.491, Salaries & Fringes Assessment Counselor II (~ 5%) $ 3,140.00 Executive Secretary (~ 3%) 1,886.00 Administrator (~ 2%) 2,032.00 Fiscal Officer (~ 3%) 1,737.00 Fiscal Clerk (~ 3%) 362.00 Amendmem Page 2 CDBG Budget (Continued): Social Worker (~ 2%) Social Worker (@ 2%) Telephone Copying, printing and postage TOTAL Part II, Section A, subpart 3, shall read as follows: Operation Bootstrap - 035-094-9438-5212 035-095-9538-5212 847.00 2,051.00 200.00 236.00 $12,491.00 $ 1,878.00 $10,613.00 This Agreememsh~lremainunchangedin all other ~rmsand provisions. 1NWITNESSWHEREOF, the Grantee and Subgrantee have executed thisamendmentas of the date first written above. ATTEST: CITY OF ROANOKE By Mary F. Parker, City Clerk By City Manager/Assistant City Manager SUBGRANTEE By By Witness Vickie L. Price, Administrator, FDETC Amendment Page 3 APPROVED AS TO CDBG ELIGIBILITY APPROVED AS TO FORM Office of Grants Compliance Assistant City Attorney APPROVED AS TO EXECUTION APPROVED AS TO FUNDS AVAILABLE Assistant City Attorney Director of Finance Account No. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 November 30, 1995 SANDRA H. EAKIN Deputy City Clerk File #5-22-60-72-209-217-377 Vitetta Group, Inc. Daniel C. Smith & Associates 1600 Duke Street, Suite 400 Alexandria, Virginia 22314 Ladies and Gentlemen: I am enclosing copy of Resolution No. 32760-112795 authorizing execution of a contract and related documents with Vitetta Group, Inc./Daniel C. Smith & Associates to prepare a Long-Range Facilities Master Plan and Database for the City of Roanoke, in the amount of $129,337.00. Resolution No. 32760-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCILOFTHECITY OF ROANOKE, VIRGINIA The 27th day of November, 1995. No. 32760-112795. A RESOLUTION authorizing the execution ora contract and related documents with Vitetta Group, Inc./Daniel C. Smith & Associates to prepare a Long-Range Facilities Master Plan and Database for the City of Roanoke. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized, for and on behalf of the City to execute and attest, respectively, a contract with Vitet~a Group, Inc./Daniel C. Smith & Associates in the amount of $129,337.00 to prepare a Long-Range Facilities Master Plan and Database for the City of Roanoke, and any other necessary and appropriate documents setting forth the obligations of each party thereto, and setting forth such terms as shall be consistent with the terms negotiated by and between the City and Vitetta Group, Inc./Daniel C. Smith & Associates and as more particularly described in a report to Council dated November 27, 1995. 2. Such contract and any other necessary and appropriate documents shall be in form approved by the City Attorney. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of November, 1995. No. 32759-112795. ¥IR~INIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 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 Government of the exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1995-96 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ADDroDri&tio~ General Government Long-Range Facilities Master Plan and Data Ease (1).. Fund B&lance Reserved Fund Balance - Unappropriated (2) ........... $ $ 7,958,469 130,500 1,742,456 1) Appropriated from General Revenue 2) Reserved Fund Balance - Unappropriated (008-052-9705-9003) $ 130,500 (008-3325) (130,500) BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. November 27, 1995 Council Report No. 95-203 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: Subject: CONSULTING SERVICES AGREEMENT LONG-RANGE FACILITIES MASTER PLAN AND DATABASE FOR THE CITY OF ROANOKE, VIRGINIA I. Background on the subject in chronological order is as follows: There is a need to assess and prepare a development program and facilitie~ master plan for five of the City's primary buildings: Municipal "North", Municipal "South", the Police Annex, Courts Building and Health Department. Four of the five buildings comprise the City's primary "downtown complex". All usable space within these five buildings is currently being utilized at maximum occupancy. At least seven factors are presently prompting the need for the Long-Range Facilities Master Plan: Overall, a need to meet demands for programs and services by providing adequate facilities to accommodate the departments which provide and oversee these services. In many departments, insufficient floor space is available for staff and the public. 2. Continued demands on the Court system and the statutory requirements that the City provide adequate space for the Courts. At present, the Police Department occupies approximately 32,500 (net) square feet of floor space. A recent professional study of space needs for the Department documented the need for 77,000 square feet of floor space. Operating conditions are extremely cramped and are not conducive to achieving the high level of program performance desired by the Department. The Social Services Department, which is primarily housed in Municipal "North", does not currently have adequate and appropriate space for program operations. This shortage of floor space has resulted in breaches of client confidentiality. The State Department of Social Services has requested additional State and Federal funds to address the problem, but a facilities plan is needed in order to get 80% reimbursement from the State. Honorable Mayor and Members of City Council CONSULTING SERVICES AGREEMENT LONG-RANGE FACILITIES MASTER PLAN AND DATABASE November 27, 1995 Page 2 The Health Department does not have adequate or conveniently located facilities for its program operations. The current facility was built in 1949 to house 56 people; today, the Department needs space to accommodate nearly 100 people. As a result, the Department has had to decentralize its facilities to various locations throughout the City in order to meet the increase in program demands. A single adequately sized facility would be more convenient to clients and better to manage. Because of the space deficiency, the City has had to constantly juggle space assignments in order to meet program needs. One example of this dilemma involved relocating the residential component of Real Estate Valuation into leased space of the privately owned Commonwealth Park Building. Another example was the transfer of the Grants Compliance Office and Office on Youth to the Jefferson Center to provide adequate operational space not available within the Municipal complex. Prior to this move, the Fire Administrative Offices, Police Training Academy, and Water Department Administrative Offices were relocated to the Jefferson Center to more adequately meet their needs. Lastly, the City has inadequate support service facilities including conference, storage, archive, and maintenance needs for the majority of its departments. Presently these needs are being met, however in many cases through the use of inappropriate or inadequately sized space. It is believed that the comprehensive Long-Range Facilities Master Plan is crucial to reversing these operating deficiencies and therefore is envisioned to be a "proactive" rather than "reactive" approach to addressing these needs. B. Capital Improvement Program adopted by City Council on August 8, 1994, included funding for the development of this Long-Range Facilities Plan. C. it would be hiqhly beneficial to expand the computer generated Database component, which is developed by the planning consultant during the information gathering phase for the facilities master plan, to include all City occupied facilities. The Database would include a listing of all departments/organizations, number of personnel by position and number, size Honorable Mayor and Members of City Council CONSULTING SERVICES AGREEMENT LONG-RANGE FACILITIES MASTER PLAN AND DATABASE November 27, 1995 Page 3 of rooms/spaces within each department, adjacency relationships, and other similar information which would be of value in assessing future space needs within any City-owned facility. Legal advertisement was placed in the Washington Post, Roanoke Tribune, and Roanoke Times soliciting proposals from qualified planning consultants to collect all pertinent data, conduct interviews with administrative staff and department heads, conduct on-site surveys and evaluations of buildings, assist in evaluating staffing projections, develop options for renovating existing buildings or constructing new buildings and/or for leasing privately owned buildings, to prepare a final report for the Long-Range Facilities Master Plan, and to collect and document information required for the computer Database for city-wide facilities. II. Current situation is as follows: Fifteen (15) firms submitted replies to the City's Request for Proposals. A listing of all consulting firms, including any sub-consultants, which responded to the City's Request for Proposals is attached hereto as Attachment "A". Proposals were reviewed by a committee consisting of representatives from the Circuit Court judges, Director of Human Development, Director of Public Works, Engineering, Management and Budget and the Police Department. C. Three (3) firms were selected for interviews from the submittals received as follows: 1. GSA, Ltd./DG Group c/o 117 Edinburg South, Suite 205 Car,/, North Carolina Associate(s): None 2. The Moseley McClintock Group 601 Southlake Boulevard Richmond, Virginia Associate(s): None 3. Vitetta Group, Inc./Daniel C. Smith & Associates 2150 Capitol Avenue, Suite 210 Sacramento, California Associate(s): None Honorable Mayor and Members of City Council CONSULTING SERVICES AGREEMENT LONG-RANGE FACILITIES MASTER PLAN AND DATABASE November 27, 1995 Page 4 D. Daniel C. Smith & Associates, a wholly-owned subsidiary of the Vitetta Group, Inc., located in Sacramento, California, working through Vitetta Group's Alexandria, Virginia, office, was selected to prepare the Long-Range Facilities Master Plan and Database. E. Scope of Services and Fee Proposal: Approximately thirty (30) separate tasks are identified by the consultant in its fee proposal dated October 30, 1995, to prepare the Long-Range Facilities Master Plan. The scope of services for this project includes eight trips to Roanoke with one to three persons per visit, the distribution and evaluation of questionnaires, interviews with administrative staff and key departmental mangers, tour of essential buildings, development of at least three master plan options, three scheduled work sessions with City staff, and the preparation of interim and final reports. By negotiation, a lump sum fee of $99,502 was agreed upon to provide these services. This fee includes the costs for all travel, telephone, document reproduction, etc. Approximately ei.qht (8) separate tasks are identified by the consultant in its fee proposal dated October 30, 1995 to prepare the computer Database for all City occupied facilities. The scope of services for this portion of the project will include the review of existing building floor plans, gathering and assimilating data pertaining to departments and personnel housed within those buildings, development of computer generated (CAD based) schematic drawings of the five key buildings, and the production of the final Database and associated report. By negotiation, a lump sum fee of $29,835 was agreed upon to provide these services. This fee includes the cost of telephone, reproduction of documents, etc. III. Issues in order of importance are: A. En.clineerin.q concerns B. Funding C. Time Honorable Mayor and Members of City Council CONSULTING SERVICES AGREEMENT LONG-RANGE FACILITIES MASTER PLAN AND DATABASE November 27, 1995 Page 5 IV. Alternatives in order of feasibility are as follows: A. Award a lump sum contract to Vitetta Group, Inc./Daniel C. Smith & Associates, of Sacramento, California to develop a Long-Range Facilities Master Plan for the City of Roanoke. Preparation of the master plan and associated report is to be performed for the agreed upon lump sum of $99,502 and within a time frame of approximately six months. En.qineerinq concerns would be met and recommendations would be received by the City regarding the more optimal use of Municipal "North" and "South", the Courts Building, Police Department and Health Department, which will ultimately affect the City's ability to serve its citizens. 2. Funding is available from undesignated capital interest funds in the Capital Projects fund. 3. Time of completion of the study and report to the City is defined as six (6) months. Authorize inclusion of the additional work as required to prepare the computer generated Database for all City occupied facilities. Preparation ofthe Database is to be performed for the agreed upon lump sum of $29,835 and within a time frame of approximately four months. This time frame would run concurrent with the time required to produce the Long-Range Facilities Master Plan and report. Engineering concerns would be met with receipt of the Database which would greatly enhance the City's ability to better manage and assess its future building space needs. 2. Funding is available from undesignated capital interest funds in the Capital Projects fund. 3. Time of completion of the Database is defined as four (4) months, which will run concurrent with time needed to complete facilities master plan. C. Do not award a contract for development of the Long-Range Facilities Master Plan and preparation of Database at this time. 1. Engineering concerns would not be met in a timely fashion. Honorable Mayor and Members of City Council CONSULTING SERVICES AGREEMENT LONG-RANGE FACILITIES MASTER PLAN AND DATABASE November 27, 1995 Page 6 2. Fundinq would not be encumbered at this time. 3. Time of completion of the master plan and Database would be extended. V. Recommendation is as follows: City Council concur in Alternatives "A" and "B" and take the following actions: Authorize the City Manager to enter into a contractual agreement with Vitetta Group, Inc./Daniel C. Smith & Associates to prepare Long-Range Facilities Master Plan and Database for the City of Roanoke, for the total sum of $129,337 and six (6) months for completion of their work and submission of final report. Appropriate $130,500 from undesignated capital funds to a new Capital Projects fund account entitled "Long-Range Facilities Master Plan and Database". This amount includes the fee of $129,337 to the consultant and a contingency of $1,163.00 to cover the cost of advertising the City's "Request for Proposals". Respectfully submitted, W. Robert Herbert City Manager WRH/CMA/ca Attachments c: City Attorney City Clerk Director of Finance Director of Public Works City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Supply Management ATTACHMENT "A" PROPOSALS RECEIVED FOR LONG RANGE FACILITES MASTER PLAN Consultant: The Onyx Group 1199 North Fairfax Street Suite 600 Alexandria, Virginia 22314 Subconsultant: Sowers - Mann, Inc. Roanoke, Virginia ADE and Associates, Inc. Rockville, Maryland Rife & Wood Architects Roanoke, Virginia Consultant: The Aegis Group, Ltd. 1250 27th Street, N.W. Washington, DC 20007 Subconsultant: None Consultant: Whitney, Bailey, Cox & Magnani 849 Fairmount Avenue Suite 100 Baltimore, Maryland 21286 Subconsultant: Gipe Associates, Inc. Baltimore, Maryland Jenkins Professional, Inc. Baltimore, Maryland Consultant: Peck Peck & Associates 2050 Old Bridge Road Woodbridge, Virginia 22192 - 2416 Subconsultant: Leach Wallace Associates, Inc. Laurel, Maryland Consultant: Morton Hoffman and Company, Inc. Suite 3401 222 Saint Paul Place Baltimore, Maryland 21202 Subconsultant: Balzer and Associates, Inc. Roanoke, Virginia Whitescarver, Hurd, & Obenchain, Inc. Roanoke, Virginia Consultant: Jones & Jones Associates 6120 Peters Creek Road Roanoke, Virginia 24019 Subconsultant: None Consultant: Richardson and Kirmse, inc. 707 5th Street, N.E. Roanoke, Virginia 24016 - 2119 Subconsultant: Hayes, Seay, Mattern & Mattern, Inc. Roanoke, Virginia Consultant: Fauber Architectes, P.C. 306 Brook Park Place; P.O. Box 362 Forest, Virginia 24551 Subconsultant: Hansen Lind Meyer, Inc. McLean, Virginia Lawrence Peery & Associates, Inc. Roanoke, Virginia Correctional Services Group, Inc. Kansas City, Missouri The Cox Company Charlottesville, Virginia 9. Consultant: Syska & Hennessy Inc. 11 West 42 Street New York, New York 10036 - 8098 Subconsultant: Interspace Inc. Philadelphia, Pennsylvania 10. Consultant: Turner Construction, Co. Richmond, Virginia 11. Hunter / Miller & Associates 100 North Pitt Street Suite 225 Alexandria, Virginia 22314 Subconsultant: Hughes Associates Architects, P.C. Roanoke, Virginia North American Business Management Co. Roanoke, Virginia Mitchell Systems Corporation Arlington, Virginia GHT Limited Arlington, Virginia Ferguson Engineering Clarksburg, Maryland Mesen Associates, P.C. Alexandria, Virginia Performance Development Corp. Princeton, New Jersey Consultant: Geisler Smith Associates, Ltd. 117 Edinburg South, Suite 205 Cary, North Carolina 27511 Subconsultant: None 12. Consultant: CMSS Architects 5041 Corporate Woods Drive, Suite 200 Virginia Beach, Virginia 23462 Subconsultant: Marsh Witt Associates, P.C. Roanoke, Virginia Coopers & Lybrand L.L.P. Washington, D.C. 13. Consultant: Daniel C. Smith and Associates 1600 Duke Street, Suite 400 Alexandria, Virginia 22314 Subconsultant: None 14. Consultant: The Mosetey McClintock Group 601 Southlake Boulevard Richmond, Virginia 23236 Subconsultant: Whitescarver, Hurd, & Obenchain Inc. Roanoke, Virginia 15. Consultant: AV Boggs 1445 New York Avenue, N.W. Suite 400 Washington, D.C. 20005 Subconsultant: None MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File g62-214-242-382 Jim T. Phipps, Director Court Community Corrections Program 541 Luck Avenue, S. W. Suite 300 Roanoke, Virginia 24016 Dear Mr. Phipps: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Cdminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #62-214-242-382 Forest G. Jones, Clerk City of Salem P. O. Box 869 Salem, Virginia 24153 Dear Mr. Jones: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File ~62-214-242-382 Georgiana M. Vita, Clerk City of Lexington P. O .Box 922 Lexington, Virginia 24450 Dear Ms. Vita: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Cdminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, /~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY Ir. 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: (540) 981-2541 Fax: (540) 224-3145 November 30, 1995 SANDRA H. EAKIN Deputy City Clerk File ~62-214-242-382 Edith S. Wood, Clerk City of Covington 158 N. Court Avenue Covington, Virginia 24426 Dear Ms. Wood: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Cdminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMCI.~,E City Clerk MFP:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S,V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File ~62-214-242-382 T. G. Ailstock, Clerk City of Clifton Forge 616 Thornton Avenue Clifton Forge, Virginia 24422 Dear Mr. Ailstock: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Cdminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #62-214-242-382 Janie G. Coffey, Clerk City of Buena Vista 628 25th Street Buena Vista, Virginia 24416 Dear Ms. Coffey: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995, ~-'~'-0 Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 240I 1-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File ~62-214-242-382 Dottle L. Bowen Deputy Clerk Rockingham County Board of Supervisors P. O. Box 1252 Harrisonburg, Virginia 22801 Dear Ms. Bowen: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 November 30, 1995 SANDRA H. EAKIN Deputy City Clerk File #62-214-242-382 Mary H. Allen, Clerk Roanoke County Board of Supervisors P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Ms. Allen: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #62-214-242-382 Stephen A. Carter, Clerk Craig County Board of Supervisors P. O. Box 308 New Castle, Virginia 24127 Dear Mr. Carter: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 240I 1-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #62-214-242-382 Ned McEIwaine, Clerk Botetourt County Board of Supervisors One W. Main Street, Box One Fincastle, Virginia 24090 Dear Mr. McEIwaine: lam enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP: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: (540) 981-254I Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #62-214-242-382 Claire A. Collins, Clerk Bath County Board of Supervisors P. O. Box 309 Warm Springs, Virginia 24484 Dear Ms. Collins: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #62-214-242-382 Melissa A. Landis, Clerk Alleghany County Board of Supervisors P. O. Box 917 Covington, Virginia 24426 Dear Ms. Landis: I am enclosing copy of Resolution No. 32761-112795 establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clifton Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Cdminal Justice Board. Resolution No. 32761-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 27th day of November, 1995. No. 32761-112795. A RESOLUTION establishing, by joint action of the Boards of Supervisors of the Counties of Alleghany, Bath, Botetourt, Craig, Roanoke and Rockbridge, and the Councils of the Cities of Buena Vista, Clit%on Forge, Covington, Lexington, Roanoke and Salem, the Court-Community Corrections Regional Community Criminal Justice Board. WHEREAS, the Virginia General Assembly has adopted legislation titled the Comprehensive Community-Corrections Act for Local-Responsible Offenders (§53.1-180, et seq. of the Code of Virginia, (1950), as amended) and the Pretrial Services Act (§19.2-152.2, et seq. of the Code of Virginia, (1950), as amended), both of which were effective July 1, 1995; and WHEREAS, the Virginia General Assembly has previously enacted the Virginia Alcohol Safety Action Program (§ 18.2-27 I. 1, et seq. of the Code of Virginia, ( 1950), as amended); and WHEREAS, the Comprehensive Community Corrections Act for Local-Responsible Offenders, the Pretrial Services Act, and the Virginia Alcohol Safety Action Program require the appointment of representatives in establishing a Board to administer the programs; and WH]EREAS, the Code of Virginia requires the localities to submit a Community-based Corrections Plan to the Department of Corrections in order to receive reimbursement for eligible costs of jail construction; and WHEREAS, the Comprehensive Community Corrections Act for Local-Responsible Offenders and the Pretrial Services Act both mandate that any locality required to submit a Community-based Corrections Plan is further required to establish Community Corrections Programs and Pretrial Services Programs; and WHEREAS, the Court-Community Corrections Program has provided the criminal justice systems within these localities with sentencing aitematives for certain non-violent felons and misdemeanors since July of 1980; and WHEREAS, the establishment of a multi-jurisdictional Court-Community Corrections Regional Community Criminal Justice Board will result in a reduction in the program's administrative costs, enhanced funding priorities, the continuation of cost-beneficial disposifional alternatives to the judicial system, increased input of criminal justice professionals within program strategies, without increasing the threat to public safety; and WHi~P-EAS, the City of Salem has agreed to serve as the administrative and fiscal agent for the aforementioned programs. THEREFORE, BE IT RESOLVED by the Council for the City of Roanoke that: 1. The City of Roanoke will implement the Comprehensive Community Corrections Act for Local-Responsible Offenders and the Pretrial Services ACt as provided herein; The existing Court-Community Corrections Program shall be responsible for the continuation of services to the judicial system, including the implementation of the Comprehensive Community Corrections Act for Local-Responsible Offenders and the Pretrial Services Act, and the continued administration of the Virginia Alcohol Safety Action Program; This Council agrees to the establishment of the Court-Community Corrections Regional Community Criminal Justice Board (the Board) hereby appointed pursuant to §53.1-183 of the Code of Virginia; The representatives of the Regional Board will be agreed to and appointed jointly by each participating locality as follows: a. One representative designated by the judges of the Twenty-third and Twenty-fu'~h Sudicial Circuits; b. One representative designated by the judges of the Twenty-third and Twenty-fu~h Judicial General District Courts; c. One representative designated by the judges of the Twenty-third and h. j. k. 1. m. n. o. P. q. r. t. Twenty-fifth Judicial Juvenile and Domestic Relations Courts; One Commonwealth's Attorney designated by mutual agreement of the Commonwealth's Attorneys serving the jurisdiction of the Regional Board; One Chief Magistrate designated by mutual agreement of those serving within the jurisdiction of the Regional Board; One Chief of Police designated by mutual agreement of those serving within the jurisdiction of the Regional Board; The Sheriff of the County of Alleghany; The Sheriffofthe County of Botetourt; The Sheriff of the County of Roanoke; The Sheriff of the City of Roanoke; The Jail Superintendent of the Rockbridge Regional Jail; The Public Defender of the City of Roanoke; One defense attorney practicing criminal law and recommended by the Roanoke City Bar Association; One member of local education fi.om the Twenty-third Judicial Circuit and District; One member oflocad education fi.om the Twenty-fifth Sudicial Circuit and District; One member of a Community Service Board serving the Twenty-third Judicial Circuit and District; One member selected by agreement of the Community Services Boards serving the Twenty-fifth Judicial Circuit and District; One member representing the Department of Social Services serving the Twenty-third Judicial Circuit and District; One General District Court Clerk designated by mutual agreement of the clerks serving the Twenty-third and Twenty-fifth Judicial Districts; and One representative designated by the fiscal agent of the Regional Board. 5. The Court-Community Corrections Regional Board shall have those powers and duties prescribed by the Comprehensive Community Corrections Act for Local-Responsible Offenders, the Pretrial Services Act, and the Commission on VASAP. ATTEST: City Clerk November 2?, 1995 Council Report #420 Honorable David A. Bowers, Mayor and M~mBers of City Council Roanoke, Virginia Subject: Regional Co~ununity Criminal Justice Board Dear Mayor Bowers and M~Bers of City Council: I. BACKGROUND IN CHRONOLOGICAL ORDER IS AS FOLLOWS: The Appropriations Act. the establishment of the Comprehensive C~-~nity Corrections Act for Local- Responsible Offenders (553.1-180 et. seq_.) and the Pretrial Services Act (519.2-152.2. et.. seq_.), approved by the Virginia General Ass~ly during its 1995 regular session authorized funds for localities to continue those programs previously administered under the Community Diversion Incentive Program (CDI) and the Pretrial Services Act (PSA) and ~mplement new community corrections programs in response to the crime problem. Roanoke's participation in the joint Regional c¢...~.unity criminal Justice Board is in compliance with statute as Roanoke has been required to file a co-~unity corrections plan as a condition for jail funding. No local cash match, or other funding, is requ~ ired as a condition of participation in the program. The participation in the Joint Regional C~mm,~nity Cr4m{nal Justice Board. in joint action with the city councils of the cities of Buena Vista, Clifton Forge, Covington, Lexington and Salem, and the boards of supervisors of the counties of Alleghany, Bath, Roanoke, Botetourt, Craig, and Rockbridge have been reviewed and is supported by the judges of the Circuit Court, General District Court, Juvenile and Domestic Relations Court, C-.-.~-onwealth's Attorney, Sheriff, chief of Police, the Director of Public Safety, and the Court Community Corrections Policy Board. The current programs, as well as the Alcohol Safety Action Program and Driver Improvement Programs, have been a~m{nistered under the Court-Community Corrections Program (Regional) Policy Board and the C~mm,~nity Corrections Resources Board, since 1980, with the City of Salem serving as fiscal agent. Honorable David A. Bowers, Mayor and Members of City Council Page 2 ~ov~er 27, 1995 The Court-C~-~--ity Corrections Regional Co~munit_v Criminal Justice Board will assume responsibility for the a~m~nistration of the programs now being operated under the Court-C~mm~lnity Corrections (Regional) Board at no cost to the City of Roanoke. The goals of the Regional C~nn~ty Criminal Justice o rd et : Provide the courts with punitive sentencing alternatives for non-violent offenders less restrictive than incarceration in jail; Cooperate with the Sheriff in helping to reduce the de~ands placed upon the jail's resources through the release and diversion of select non- violent offenders, charged with jailable offenses, as an alternative to prosecution; Improve the efficiency and effectiveness of the Circuit, General District, and Juvenile and Domestic Relations Courts through the release and diversion of select non-violent offenders under probation supervision and into punitive alternatives to traditional punishments. Enhance services to the community through the development and effective use of offenders sentenced to co~pleted community service as a condition of probation; and, Provide other services as the Sheriff, the Director of Public Safety, and the Courts dee~ appropriate to the efficiency and effectiveness of Roanoke's criminal justice syste~ which improve public safety. II. CURRENT SITUATION IS AS FOLLOWS: The Department of Criminal Justice Services has initiated the funding for the Co.umunity-Corrections Act for Local-Responsible Offenders and the Pretrial Services Act. The Alcohol Safety Action Program is self-supporting, using probation fees to fund its services and programs. Honorable David A. Bowers, Mayor and M~m~ers of City Council Page 3 NovAm~er 27, 1995 Each of the participating localities has endorsed the joint Court-Community Corrections Regional C~mmunity Cr4m~nal Justice Board and the by-laws· City Council's approval and adoption of a resolution are necessary to ~eet the requirements of the Code of Virginia and to ensure the continuation of funding for the services provided under the Acts. Department of Criminal Justice Services has established a deadline of DecAmher 31, 1995, for adoption of a resolution. III. ISSUES IN ORDER OF IMPORTANCE ARE: A. Continuity of Services. B. Funding Continuation. C. Replacement of existing Boards. IV. ALTERNATIVES IN ORDER OF FEASIBILITY ARE: City Council approves through adoption of local Resolution, the continuation of services under the Court-Community Corrections Regional Criminal Justice Board. Continuity of Services for all existing programs under the Comprehensive C~unity Corrections Acts for Local Responsible Offenders and the Pre-Trial Services Acts would be ensured. Fundinu continuation to the Regional C~-~,lnity Cr~m4nal Justice Board frem the Ccmuaonwealth of Virginia, Department of Cr~m{nal Justice Services is probable. Replacement of existing Boards (c0~munity Corrections Resources Board and Court-Community Corrections Policy Board) will be necessary. A new Joint Regional Community Criminal Justice Board will be created. Be City Council not approve through adoption of local Resolution, the Continuation of Services under the Court-Comm,lnity Corrections Regional Criminal Justice Board. Honorable David A. Bowers, Mayor and M~m~ers of City Council Page 4 Nov~-~er 27, 1995 Gcs/hw 1. Continuity of Services for all existing programs under the Comprehensive C~mmunity Corrections Acts for Local Responsible offenders and the Pre-Trial Services Act would not be ensured. Consideration would need to be given to create separate programs to service the City of Roanoke and very probably an increase in jail population would result. 2. Fuud~nq continuation for such diversion programs Would be more difficult to obtain fro~ the C~monwealth of Virginia and very probably require significant local funding. 3. Replac~nt of existinq Boards would be necessary in that Roanoke City would need its own C~unity criminal Justice Board. RECOMMENDATION is for Council to concur with Alternative A as follows: A. city Council concurs with Alternative A, adopt by resolution the continuation of services to the courts and c~unity by the Court-C~-munity Corrections programs. W. Robert Herbert City Manager city Attorney Director of Finance Chief Judge, Circuit Court Chief Judge, General District Court chief Judge, Juvenile and Domestic Relations court Commonwealth Attorney Sheriff Director of Public Safety Police Chief 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAICIN Deputy City Clerk November 30, 1995 File #72-145-178 Dan L. Delaney Commanding Officer The Salvation Army 724 Dale Avenue, S. E. Roanoke, Virginia 24013 Dear Mr. Delaney: I am enclosing copy of Resolution No. 32762-112795 authorizing the City Manager to enter into two contracts with The Salvation Army for payment of services delivered by the organization's Abused Women's Program, in the amount of $14,700.00, and the Homeless Program, in the amount of $11,300.00, to citizens of the City of Roanoke. Resolution No. 32762-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THECOUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1995. No. 32762-112795. A RESOLUTION authorizing the City Manager to enter into two contracts with the Salvation Army for payment of services delivered by the organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke. BE IT RESOLVED 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, the requisite contracts, in form approved by the City Attorney, with the Salvation Army for payment of services delivered by said organization's Abused Women's Program and Homeless Program to citizens of the City of Roanoke, such services being more particularly set forth in the report of the City Manager dated November 27, 1995. 2. The maximum compensation to the Salvation Army under the contracts authorized by this resolution shall be $26,000.00 divided as follows: (a) $14,700.00 for the above Abused Women's Program, and (b) $11,300.00 for the Homeless Program. ATTEST: City Clerk. Honorable Mayor and City Council Roanoke, Virginia Members of Council: SUBJECT: CONTRACT WITH THE SALVATION ARMY Roanoke, Virginia November 27, 1995 Report #95-527 I. BACKGROUND A. Salvation Army applied through the Citizens Services Committee for City funds as follows: 1. $16,500.00 to operate a program for the homeless. 2. $21,000.00 to operate a shelter for battered women. City Attorney, through a written opinion, dated April 23, 1986, stated that the City may contract with The Salvation Army, a church, or sectarian institution, as long as the contract is for the care of indigent sick or injured persons, and payment of City funds under any contract does not exceed the fair market value of services rendered. Citizens Services Committee recommended an appropriation of $26,000.00 for Fiscal Year 1995 - 1996 to be used for either program, and City Council concurred in the recommendation. Salvation Army requests that the $26,000.00 be divided between the Abused Women's and Homeless Programs as follows: 1. $14,700.00 for the Abused Women's Program. 2. $11,300.00 for the Homeless Program. II. CURRENT SITUATION City Manaqer requests authorization from City Council to execute two contracts approved as to form by the City Attorney with The Salvation Army for the payment of services provided to City citizens under the Abused Women's and Homeless Programs (see attached). ISSUES A. Services to City citizens. B. Legal. C. Fundinq. IV. ALTERNATIVES City Council authorize the City Manager or his designee to execute two contracts approved as to form by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's Program and the Homeless Program. Services to City citizens. continue to provide services, safety, counselling, and resources to the homeless children. The Salvation Army will including shelter, food, referrals to community and abused women and Leqal. Approval of the contracts, from a legal standpoint, will ensure compliance with the City Attorney's opinion that a contract is the only way the City can reimburse for the services. Fundinq. $26,000.00 has been appropriated by City Council June 6, 1994, Ordinance #32549-062695, and is available in account #001-054-5220-3752. City Council not authoriz~ the execution of two contracts approved as to form by the City Attorney with The Salvation Army for payment of services delivered by the Abused Women's and Homeless Programs for City citizens. Services to City citizens. The Salvation Army may have insufficient funds to provide needed services for the homeless and abused women and children. Legal· Services to the City's homeless and abused women and children could not be funded because, in the opinion of the City Attorney, the City is prohibited from appropriating a direct contribution. 3. Funding. Not an issue. V. RECOMMENDATION City Council concur in the implementation of Alternative .. and authorize the City Manager to execute two contracts approved as to form by the City Attorney with The Salvation Army for the payment of services delivered by the Abused Women's and Homeless Programs. Respectfully submitted, W. Robert Herbert City Manager WRH/GDR/gr Attachment cc: Wilburn C. Dlbling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director of Human Development November 27, 1995 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance October Financial Report This financial report covers the period July through October of the 1995-96 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues reflect an increase of .43% or $165,000, on a year to date basis, compared to FY95. Variances in specific categories of revenue are as follows: Other Local Taxes are up $579,000 or 6.18% due to a slight increase in sales tax, increased utility taxes, higher motor vehicle license taxes, a 21% increase in transient room taxes, and higher prepared food and beverage taxes. This local tax growth is a promising economic indicator for the City of Roanoke. Permits, Fees and Licenses are down 16.20% or $42,000. This is due to lower fees for plumbing and elevator equipment inspection, decreased street opening permits, and small decreases in several other fees. Fines and Forfeitures have increased by $67,000 or 25.47% due to a sizable increase in parking ticket revenue and increased General District Court fines and judgment collection fees. Revenues from the Use of Money and Property have increased $125,000 or 44.71%. Interest income has increased due to increased interest rates and higher average daily balances held in interest beating accounts. Rent fi-om offices located in the Commonwealth Building has increased, and timing differences in the payments of rent fi-om Social Services have caused more rental income to be recorded on a year to date basis in FY96. Grants-in-Aid Commonwealth has decreased $1,077,000 or 15.00%. Welfare revenue has declined significantly on a year to date basis because October payments from the State were not received until early November of FY96. Comprehensive Services Act revenue is also down in FY96 by nearly $200,000 due to the timing of reimbursements under this program. Charges for Services have increased $232,000 or 34.69%. Sheriffs Court fees are up due to a change in fees implemented at the State level, and there are increased Emergency Medical Services and Weed Cutting and Demolitions revenues due to the use of accrual accounting via the City-Wide Billing System. Honorable Mayor and Members Roanoke City Council November 27, 1995 Page 2 Internal Services have decreased 26.26% or $120,000. Billings by Engineering and Street Maintenance to the Water and Sewage Treatment Funds were higher in FY95 due to the expansions at Carvins Cove and the Sewage Treatment Plant. Building Maintenance billings were higher in FY95 to the Water, Transportation, and Nursing Home Funds. Miscellaneous Revenues are up 9.32% due to increased proceeds from the sale of surplus property. EXPENDITURES AND ENCUMBRANCE~q Expenditures and encumbrances in the General Fund have increased 5.82% or $2,923,000 since FY95. Variances in individual expenditure categories are discussed below: Judicial Administration expenditures have risen 9.78% or $113,000. Personal services costs have risen in the Commonwealth's Attorney department due to an increase in the number of employees. A computer and other equipment was purchased by the department, and witness services expenditures have been incurred in FY96 where there were none through October of FY95. Reimbursements to the Circuit Court are lower through October of the current year, due to timing differences, while fees for professional services have risen. Expenditures of the Cost Collections Unit are up $12,000 in FY96. This department was new in FY95 and had lower personal services and equipment costs through October of that year. Public Safety expenditures have increased 10.12% or $994,000. Jail personal services expenditures have increased approximately 20% due to the City Jail expansion which added new employees. Additional computer equipment has been purchased, and CIS charges have risen. Contractual services costs are up due to the pfivatization of Jail medical services effective July 1. Fire Operations expenditures have increased $223,000, mostly due to increased personal services costs. Higher Emergency Medical Services expenditures have resulted from the transfer of an existing position into the department and from additional part time employees. Contractual services costs are also greater in FY96 due to a difference in accounting for EMS billing charges. The Building Inspections Department has incurred greater costs for personal services and for the demolition of condemned structures located in the City. Public Works expenditures have risen $825,000 or 10.79% in FY96. Street Paving expenditures have increased $153,000. The Communications Department has seen increased personal services, telephone, maintenance, and equipment purchase and rental costs due to its expanded 911 program. Solid Waste Management's fees for professional services have increased in the form of payments made to the Roanoke Valley Resource Authority for landfill charges. Engineering expenditures have grown due to the costs of real estate acquisition, a new activity in FY96, and due to increased personal services costs. Capital outlay for computer equipment has occurred, and bridge inspection costs are up, as budgeted. Honorable Mayor and Members Roanoke City Council November 27, 1995 Page 3 The Building Maintenance department has incurred greater charges for the maintenance of fixed assets and other City property. Parks Maintenance expenditures have increased due to the purchase of two new playground units to replace aging ones, along with increased expenditures for general maintenance and upgrade of City parks and playgrounds through painting, sign replacement, the planting of trees, and landscaping. Community Development expenditures are up 8.11% due to increased emp$oyees in the Department of Planning and Community Development. Transfers to the Debt Service Fund are up 8.63% or $512,000. In FY96, the General Fund is transferring amounts to the Debt Service Fund at a more advanced rate than in FY95. This category will become more comparable to the prior year in upcoming months. Nondepartmental expenditures, consisting primarily of transfers to other funds, have decreased $451,000 or 14.32%. This variation is due to a timing related decrease in the transfers to the Capital Projects Fund offset by increased transfers to the Civic Center, Transportation, Nursing Home, and Fleet Management Funds. I would be pleased to answer any questions which City Council may have regarding the Monthly Financial Statements. JDG/AHA/bs Attachments Director of 1/-[nance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE OCTOBER 31, 1995 Balance July 1,1995 Ordinance Number Deoartment CMT014 Real Estate Valuation CMT020 Jail 32725 City Attorney Balance October 31, 1995 PurDose Paining Equipment Audit of Cable Television Franchise Fees $366,941 (1,o6~ (4,ooo) ~,968) $358,906 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Year to Date for the Period July l-Oct 31 July 1-Oct 31 Percentage 1994-96 t995-96 of Change General PropertyTaxes $20,050,414 $20,444,500 1.97 Other Local Taxes 9,369,139 9,947,759 6.18 Permits, Fees and Licenses 255,754 214,310 (16.20) Fines and Forfeitures 265,716 333,398 25.47 Revenue from Use of Money and Property 279,240 404,079 44.71 Grants-in-Nd Commonwealth 7,172,652 6,096,418 (15.00) Grants-in-Aid Federal Government 13,751 9,948 (27.66) Charges for Services 669,398 901,587 34.69 Miscellaneous Revenue 95,735 104,655 9.32 Internal Services 456,152 336,350 (26.26) Total Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $59,967,900- 34.09% 46,139,938 21.56% 722,000 29.68% 799,700 41.69% 1,133,785 35.64% 32,401,204 18.82% 23,793 41.81% 3,087,523 29.20% 343,599 30.46% 1,940,519 17.33% $38,627,~951 $38,793,004 0.43 % $146,559,961 26.47% STATEMENT OF EXPENDITURES AND ENCUMBRANCES ExDenditares General Government Judicial Administration Public Safely Pulflic Works Health and Welfare Parks, Recrea~on and Cultural Community Development Transfer to Debt Service Fund Transfer to School Fund Nondepartmental Total Year to Data for the Period July 1-Oct 31 1994-95 $3,169,869 1,153,779 9,817,470 7,643,525 4,845,481 2,096,033 374,656 5,931,301 12,002,915 3,153,448 Current Fiscal Year Percent of July 1-Oct 31 Percentage Unencumbered Revised Budget 1995-96 of Change Balance Appropriations Obligated $3,347,375 5.60 % $6,764,382 $10,111,757 33.10% 1,266,585 9.78 % 2,762,461 4,029,046 31.44% 10,811,239 10.12 % 25,063,535 35,874,774 30.14% 8,468,501 10.79 % 14,151,445 22,619,946 37.44% 5,100,464 5.26 % 13,869,947 18,970,411 26.89% 2,058,423 (1.79) % 3,143,169 5,201,592 39.57% 405,031 8.11% 944,312 1,349,343 30.02% 6,443,077 8.63 % 1,897,723 8,340,800 77.25% 12,508,450 4.21 % 24,543,829 37,052,279 33.76% 2,701,738 (14.32) % 3,064,419 5,766,157 46.86% $60,188,477 $53,1t0,883 6.82 % $96,205,222 $149,316,105 35.57% 2 CITY OF ROANOKE, VIRGINIA SCHOOL FUND STATEMENT OF REVENUE Revenue Source State Sales Tax Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Transfer from General Fund Special Purpose Grants Total Year to Date for the Period July 1-Oct 31 July 1-Oct 31 Percentage 1994 -95 1995 -96 of Change Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $1,947,851 $1,579,311 (18.92)% 8,946,404 9,208,419 2.93 % 70,379 282,305 301.12 % 273,425 472,257 72.72 % 12,183,368 12,508,450 2,67 % 2,833,898 3,751,165 32.37 % $26.255,325 $27,801.907 5.89 % $7,843,336 20.14% 28,009,875 32.88% 2,368,034 11.92% 2,620,887 18.02% 37,052,279 33.76% 3,523,513 N/A $81,417,924 34.15% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year Percent of July 1-Oct 31 July 1 -Oct 31 Percentage Unencumbered Revised Budget 1994-95 1995-96 of Change Balance Appropriations Obligated Expenditures Instruction $12,838,568 $14,642,044 14.05 % General Support 769,416 930,027 20,87 % Transportation 492,767 720,126 46.14 % Operation and Maintenance of Plant 3,225,742 3,093,753 (4.09)% Food Services 610,979 667,615 9,27 % Facilities 1,387,709 2,133,531 53.74 % Other Uses of Funds 1,610,971 2,134,826 32.52 % Special Purpose Grants 4,190,011 3,523,513 (15.91)% Total $25.126,163 $27,845,435 10.82 % $43,217,394 $57,859,438 25.31% 2,175,893 3,105,920 29.94% 2,324,475 3,044,602 23.65% 5,825,240 8,918,993 34.69% 2,677,248 3,344,863 19.96% - 2,133,531 100.00% 523,266 2,658,092 80.31% - 3,523,513 N/A $56.743,517 $84,588.952 32.92% 3 CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF OCTOBER 31,1995 Expenditures Unexpended Outstanding Unencumbered Budget To Data Balance Encumbrances Balance General Government $7,827,969 $5,417,263 $2,410,706 $964,727 $1,445,979 Judicial Administration 37,610 37,539 71 71 Public Safety 9,403,146 6,545,865 2,857,281 2,401,681 455,600 Educa~on 7,942,793 5,398,346 2,544,447 2,370,991 173,456 Recrea~on 387,995 109,427 278,568 136,951 141,617 Streets and Bridges 12,092,566 7,155,462 4,937,104 2,168,751 2,768,353 Sanitation Projects 3,135,277 3,074,288 60,989 15,160 45,829 Traffic Engineering & Co m munications 1,415,300 1,234,171 181,129 98,153 82,976 Other Infrastructure Projects 5,984,620 3,131,615 2,853,005 773,162 2,079,843 Capital Improvement Reserve (4,009,589) (4,009,589) (4,009,589) Total $44,217,687 $32,103,976 $12,113,711 $8,929,576 $3,184,135 4 CITY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1995 Operating Revenue Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue Interest on Investments Rent Miscellaneous Total Nonoperating Revenue Net Income 1995 $1,129,610 1,027,132 88,828 10,871 627,786 136,415 3,020,642 436,919 882,476 312,923 1,632,318 1,388,324 17,157 1,000 12,431 30,588 $1,418,912 1994 $1,144,920 1,001,246 93,437 6,851 283,577 130,018 2,660,049 381,155 909,890 266,567 1,557,612 1,102,437 22,098 1,000 7,816 30,914 $1,133,351 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 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 Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue {Expenses) Interest on Investments Miscellaneous Revenue Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1995 $2,265,419 273,327 54,837 259,926 27,582 33,527 20,395 2,935,013 518,609 1,115,374 311,822 1,945,805 989,208 68,260 8,543 76,803 $1,066,011 1994 $1,929,846 282,633 71,380 236,258 29,319 34,834 15,246 2,599,516 491,540 1,317,849 318,842 2,128,231 471,285 13,493 8,597 (3,750) 18,340 $489,628 6 CITY OF ROANOKE, VIRGINIA CIVIC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1995 Operating Revenue Rentals ParkJng Fee Event Expenses Adverlising Admissions Tax Commissions Novelty Fees Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Transfer from General Fund Transfer from Materials Control Interest on Investments Miscellaneous Total Nonoperating Revenue Net Income 1995 $114,706 12,850 21,522 665 21,511 30,155 4,858 206,267 300,321 343,221 127,720 771,262 (564,995) 779,636 114,896 10,912 1,499 906,943 $341,948 1994 $96,540 24,560 35,172 1,115 31,039 36,352 14,677 239,455 280,828 424,789 111,964 817,581 (578,126) 644,196 9,282 1,557 655,035 $76~909 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 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 Operating Expenses Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from General Fund Transfer from Materials Control Interest on Investments Miscellaneous Operating Subsidy for GRTC Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1995 $95,639 106,516 55,511 138,618 63,716 40,380 500,380 182,749 173,505 356,254 144,126 872,665 43,165 2,024 1,736 (200,000) (222,748) 496,842 $640,968 1994 $98,398 79,404 58,212 143,824 79,860 39,011 498,709 180,284 173,740 354,024 144,685 657,211 1,134 (400,00O) (235,941) 22,404 $167,089 8 CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1995 Operating Revenue Private Patient Fees Medicaid Patient Fees Medicaid Reimbursements Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Loss Nonoperating Revenue Interest on Investments Proceeds from Sale of Nursing Home Transfer from General Fund Total Nonoperating Revenue Net Income 1995 $11,523 97,422 326,095 435,040 401,414 148,636 7,876 557,926 (122,886) 5,725 50,000 504,210 559,935 $437,049 1994 $53,215 86,666 262,749 402,630 366,616 141,743 8,583 516,942 (114,312) 3,905 440,750 444,655 $330,343 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1995 1995 CONFERENCE COMMISSION (1) CENTER (2) TOTAL 1994 Operating Revenue Commission Conference Center $ $ $ $ 452,274 452,274 {3) Total Operating Revenue 452,274 452,274 Operating Expenses Commission (7,073) (4) (7,073) Conference Center 513,276 513,276 Depreciation Expense 148,025 148,025 Total Operating Expenses 136,026 Operating Loss Nonoperating Revenue (Expenses) City Subsidy Virginia Tech Subsidy Proceeds from Brick Sales Interest on Investments Conference Center 140,952 513,276 654,228 136,026 (140,952) (61,002) (201,954) (136,026) Total Nonoperating Revenue (Expenses) 175,000 175,000 276,500 175,000 175,000 276,500 350 350 32,400 4,173 4,173 1,841 (16,861) (16,861) Net Income (Loss) 354,523 (16,861) 337,662 587,241 Notes to Financial Statement: $213y$71 ($77,863) $135~708 $4.5%215 (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents revenue and expenses of the Conference Center as provided by Doubletree Management. (3) The Conference Center opened in April 1995. (4) Negative balance is due to a reversing entry from FY 6130195. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 4 MONTHS ENDING OCTOBER 31, 1995 TOTALS c~ Infornmfion Materials Management Utility Line Fleet Systems Control Services Services Management 1995 1994 Operating Revenue Charges for Sen,ices $837,014 $55,908 $135,489 $887,600 $1,158,471 $3,074,482 $3,296,036 Total Operating Revenue 837,014 55,908 135,489 887,600 1,158,471 3,074,482 3,296,036 Operating Expenses Personal Se~ces 417,610 30,682 16,479 652,135 366,728 1,483,634 1,491,188 Operating Expenses 103,954 11,356 103,980 172,427 254,135 645,852 698,454 D epreciatio n 107,130 610 14,131 57,508 363,869 543,248 482,960 Total Operating Expenses 628,694 42,648 134,590 882,070 984,732 2,672,734 2,672,602 Operating Income 208,320 13,260 899 5,530 173,739 401,748 623,434 Nonoperating Revenue (Expenses) Interest Revenue 5,466 Transfer from General Fund Transfer from Materials Control 212,600 Transfer from School Board 20,000 Transfer to Civic Center Fund Transfer to Transporation Fund Transfer to City Information System 1,617 3,091 19,869 13,851 38,448 50,000 (114,896) (43,165) (212,600) 43,894 50,000 212,600 20,000 (114,896) (43,165) (212,600) Net Nonopera~ng Revenue (Expenses) 238,066 (156,444) 3,091 19,869 63,851 168,433 38,448 $446,386 ($143~184) $3,990 $25,399 $237,590 $870,181 $661,882 Netlncome(Loss) 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED OCTOBER 31, 1995 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 FOR THE MONTH ENDED OCTOBER 31,1995. WATER SEWAGE CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS NURSING HOME CONFERENCE CENTER DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES UTILITY LINE SERVICES FLEET MANAGEMENT PAYROLL PENSION SCHOOL FUND FDETC GRANT 4,421,166.62 1,393,868.11 187,872.46 5,627.162.27 10.585.887.37 21,368,432.58 1,809.463.32 2.326.694.06 20.85t.201.84 17.552.470.08 1,075,982.78 19.100.65 225.793.81 869.289.62 920.676.45 562,583.31 132.971.51 167.361.23 528,193.59 136.993.70 7,174,376.32 143.048.56 I 770.884.93 5.546,.539.95 19.573.650.83 705,438.26 96.333.96 135,441.05 666,331.17 623.358.16 210,326.60 350.766.51 33.635.69 527.457.42 7.648.099.84 8,131,012.28 28.865.08 1.031.10 8.158.846.26 6.564.525.54 559,999.48 5.947.89 156.348.88 409,598.49 1.455.606.82 82,233.86 93.825.58 122,925.34 53,134.10 256.495.42 234,709.83 29,845.50 40.280.85 224~274,48 223.345.98 1,508,749.12 50.989.77 73.266.04 1,486,472.85 1.331.157.84 786,544.36 561.252.10 266.762.42 1,081,034.04 1 141.793.62 (1,771,347.61) 11,441,664.75 12.489.601.53 (2,819.284.39) (5,037,647.721 207,011.45 535.077.05 671 646.12 70.442.38 48.953.37 11,577,077.01 5,662,687.20 5.863.657.37 11,376,106.84 11.712.075.05 154,634.72 123.937.53 218.873.45 59.698.80 (60,360.16'~ 367,870.58 299.378.18 330.805.92 336~442.84 301.098.27 TOTAL $60,195,733.93 $39,536.955.10 $36.880.434.49 $62,852,254.54 $82.418.372.53 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 OCTOBER 31,1995. THAT SAID FOREGOING: CASH: CASH ON HAND CASH IN BANK INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL PAPER REPURCHASE AGREEMENTS VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL DATE: NOVEMBER 8, 1995 ~.~ ; ~2~52;254~ 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 4 MONTHS ENDING OCTOBER 31, 1995 Revenue 1995 $1,853,899 1,314,716 1,613,589 110,144 $4,892,348 1994 $1,744,050 1,102,678 5,022,672 66,750 $7,936,150 Contributions Investment Income Gain on Sale of Investments Bond Discount Amortization Total Revenue Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense $2,746,389 26,328 83,169 6,685 $2,431,323 81,459 176,997 12,646 Total Expenses 2,862,671 2,702,425 Net Income $2,029,777 $5,233,725 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET OCTOBER 31, 1995 Assets Cash Investments: (market value: 1995 $193,909,523 1994 $165,335,367) Due from Other Funds Other Assets Total Assets 1995 $70,442 161,513,872 357 18,000 $161,602,671 1994 $48,743 150,902,559 837 18,000 $150,970,139 Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities $644,691 644,691 158,928,203 2,029,777 160,957,980 $161,602,671 $618,984 618,984 145,117,430 5,233,725 150,351,155 $150,970,139 Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance 14 CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 981-2821 Fax: (540) 981-2940 JAMES D. GRISSO Director of Finance November 27, 1995 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: We are very pleased to present our audited fiscal year 1995 Comprehensive Annual Financial Reports for the City of Roanoke and the City of Roanoke Pension Plan. Both documents have unqualified (the best) opinions from our external certified public accountants. The unaudited General Fund Capital Maintenance and Equipment Replacement Program (CMERP) reported to you on July 24, 1995 is unchanged. This audited balance was allocated between the City and School Administration in the amounts of $4,327,037 and $2,394,036, respectively, to provide capital equipment and maintenance funding. These balances are available for future appropriation ordinances to be approved by City Council. The sound financial condition of our governmental, proprietary, and fiduciary operating funds is attributable to those difficult decisions which City Council makes to allocate the City's limited resources to meet the needs of our customers, the citizens of Roanoke. A special thank you goes to Mr. Jesse A. Hall, Deputy Director of Finance, Mr. Michael R. Crew, Manager of Accounting Services, Ms. Ann Allen, Financial Systems Accountant, Ms. Doris Peters, Retirement Admin. istrator, Ms. Joyce I_. Sparks, Retirement Accountant, Ms. Patti Saunders, Ms. Patty Canady, Ms. Becky Starnes, and the entire Department of Finance staff for their professional and dedicated work in the preparation of these two complex Annual Financial Reports. Honorable Mayor and Members of City Council November 27, 1995 Page 2 I would be pleased to answer any specific questions you may have regarding the two Annual Financial Reports. Sincerely, James D. Grisso Director of Finance JDG:s Enclosures CC: W. Robert Herbert, City Manager James D. Ritchie, Assistant City Manager Wilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Will Claytor, Director, Real Estate Valuation Robed H. Bird, Municipal Auditor Arthur B. Crush, III, Clerk of Circuit Court Gordon E. Peters, Treasurer W. Alvin Hudson, Sheriff Donald S. Caldwell, Commonwealth's Attorney Marsha C. Fielder, Commissioner of the Revenue William F. Clark, Director of Public Works George C. Snead, Jr., Director of Public Safety Kit B. Kiser, Director of Utilities and Operations Glenn Radcliffe, Director of Human Development Phil Sparks, Acting Chief, Economic Development Wayne Harris, Superintendent of Schools Richard Kelley, Assistant Superintendent of Operations Michelle Bono, Public Information Officer Deborah Moses, Chief, Billings and Collections IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1995. No. 32763-112795. 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 renovations and construction improvements to the Virginia Museum of Transportation ("Project"), in the City of Roanoke; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with U. S. Treasury Regulations, Section 1.150-2, the City hereby declares that it reasonably expects and intends to reimburse $813,000.00, appropriated by Ordinance No. for 32730-111395, adopted by the City Council on November 14, 1995, the renovations and construction improvements to the Virginia Museum of Transportation ("Project") in the City of Roanoke, from the proceeds of its general obligation public authorized to be issued pursuant to Ordinance adopted by the City Council on August 8, 1994, 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 improvement bonds No. 32131-080894, in the principal 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 required for the Project is $813,000.00. 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. WILBURN C. DIBLING, JR. CITY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-981 2431 TELECOPIER: 540 224 3071 November 27, 1995 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY ATTORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Virginia Museum of Transportation Dear Mayor Bowers and Council Members: At the Council meeting of November 13, 1995, City Council authorized agreements with the Virginia Museum of Transportation and Virginia Department of Transportation relating to renovations and improvements at the Transportation Museum. City Council also agreed to commit to the Transportation Museum up to $813,000 from the 1996 general obligation bond issue. City Council adopted ordinances authorizing the two agreements. My Office, however, failed to provide for Council's consideration a resolution required by U.S. Treasury regulations indicating the City's intent to reimburse itself $813,000 upon issuance of the 1996 bonds. I am enclosing the required resolution for consideration of Council. I regret that this resolution was inadvertently not included in the November 13, 1995, agenda package. with kindest personal regards, I am Sincerely yours, City Attorney WCD:f Attachment cc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance 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-I536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #60-67-256-353 George H. Williams, Jr., President Williams Painting and Remodeling, Inc. 2314 Ridgefield Street, N. E. Roanoke, Virginia 24012 Dear Mr. Williams: I am enclosing copy of Ordinance No. 32765-112795 accepting the bid of Williams Painting and Remodeling, Inc., to complete work at the Washington and Fallon Park Swimming Pools for A.D.A. compliance, in the total amount of $79,255.00, and 120 consecutive calendar days, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32765-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File ~60-67-256-353 J. W. Christenbury, Jr., President Acorn Construction, Ltd. P. O. Box 625 Troutville, Virginia 24175 L. D. Johnson, President Construction Services of Roanoke, Inc. 3812 Concord Place Roanoke, Virginia 24018 Gentlemen: I am enclosing copy of Ordinance No. 32765-112795 accepting the bid of Williams Painting and Remodeling, Inc., to complete work at the Washington and Fallon Park Swimming Pools for A.D.A. compliance, in the total amount of $79,255.00, and 120 consecutive calendar days, upon certain terms and conditions; authorizing the proper City officials to execute the requisite contract for such work; and rejecting all other bids made to the City for the work. Ordinance No. 32765-112795 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, November 27, 1995. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed project. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. ]~ THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1995. No. 32765-112795. AN ORDINANCE accepting the bid of Williams Painting and Remodeling, Inc., of Roanoke to complete the work at the Washington and Failon Park Swimming Pools for A.D.A. Compliance in accordance with the contract documents as prepared by the Office of City Engineer, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of W'~lliams Painting and Remodeling, Inc., of Roanoke to complete the work at the Washington and Fallon Park Swimming Pools for A.D.A. Compliance, in the total amount of $79,255.00, and 120 consecutive calendar days, as is more particularly set forth in the November 27, 1995 report to this Council, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on beludf of the City to execute and attest, respectively, the requisite contract with the successful bidder, based on its proposal made therefor and the City's specifications made therefor, said contract to be in such form as is approved by the City Attorney, and the cost of said work to be paid for out of funds heretofore or simultaneously appropriated by Council. 3. Any and all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. 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. IN THE COUNCIL OF THE CITY OF ROANOKE; The 27th day of November, 1995. No. 32764-112795. VIRGINIA AN ORDINANCE to amend and reordain certain sections of the 1995-96 General and Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the exist. THEREFORE, City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council Roanoke that certain sections of the 1995-96 General and Projects Fund Appropriations, be, and the same are hereby, and reordained to read as follows, in part: of the City of Capital amended General_l~nd A ro riat'ons Nondepartmental Transfers to Other Funds (1) ....................... Fund Balance Reserved CMERP - City (2) .......................... $ Capital Pro4e~ts F~d A ro i t' s Parks, Recreation and Cultural $ Washington and Fallon Parks - ADA Compliance (3)... 1) Transfer to Capital Projects Fund (001-004-9310-9508) $ 85,000 2) Reserved CMERP - City (001-3323) (85,000) $ 51,244,236 50,266,875 4,063,229 472,995 58,576 3) Appropriated from General Revenue (008-052-9703-9003) $ 85,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia November 27, 1995 Council Report No. 95-204 SUBJECT: Bid Committee Report Washington and Fallon Parks Swimming Pools A.D.A. Compliance For City of Roanoke, Virginia Dear Mayor Bowers and Members of City Council: I concur with the Bid Committee recommendation relative to the above project and recommend it to you for appropriate action. Sincerely, W. Robert Herbert City Manager WRH/LBC/fm Attachment: Bid Committee Report CC: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets Manager, General Services Commissioner of Revenue The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia November 27, 1995 Council Report No. 95-204 SUBJECT: Bid Committee Report Washington and Fallon Parks Swimming Pools A.D.A. Compliance for City of Roanoke, Virginia Dear Mayor Bowers and Members of City Council: We, the undersigned Bid Committee, hereby submit the attached report for your consideration. Respectfully submitted, William-White, S/~ Chairman ~n Iq. Parrott William F. Clark WW/LBC/fm Attachment: Bid Committee Report cc: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Budget Administrator Accountant, Contracts & Fixed Assets Manager, General Services Commissioner of Revenue Roanoke, Virginia November 27, 1995 Council Report No. 95-204 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: Bid Committee Report Washington and Fallon Parks Swimming Pools - A.D.A. Compliance For City of Roanoke, Virginia I. Background of the project is as follows: A. Bids, following proper advertisement, were publicly opened and read aloud~ by D. Darwin Roupe, Manager of Supply Management, on August 31, 1995, at 2:00 p.m. B. Three (3) bids were received with Williams Painting and Remodeling, Inc. of Roanoke, Virginia, submitting the Iow bid in the amount of $79,255.00 and 120 consecutive calendar days. C. Proiect consists of the following: 1. Replacement of plumbing fixtures to comply with A.D.A. regulations. 2. Rework showers in Men and Womens' section to comply with A.D.A. regulations. 3. Provide and install toilet partitions for privacy. 4. Replace electric water cooler to meet A.D.A. regulations. II. Current situation is as follows: A. The items listed above have been bid and now need to be constructed. Honorable Mayor and Members of City Council Bid Committee Report Washington & Fallon Parks - A.D.A. Compliance November 27, 1995 Page 2 III. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents for bidding. B. Amount of the Iow bid. C. Fundinq of the proiect. D. Time of Completion. IV. Alternatives. in order of feasibility are as follows: Award a lump sum contract to Williams Painting and Remodeling, Inc. of Roanoke, Virginia, in the amount of $79,255.00 and 120 consecutive calendar days to complete the work at Washington and Fallon Park Swimming Pools, A.D.A. Compliance in accordance with the contract documents as prepared by the Office of City Engineer. 1. Compliance of the bidders with the requirements of the contract documents for bidding was met. Amount of the Iow bid is acceptable. There is a total of 20 security type fixtures and two showers that are part of this project. 3. Fundin.q of the proiect is available in the 1994-95 CMERP Fund. 4. Time of completion is acceptable. The project was bid to have the construction completed before the 1996 swim season. B. Reiect all bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the contract documents for bidding would not be an issue. 2. Amount of the Iow bid would probably increase when rebid at a later date. 3. Funding of the project would not be encumbered at this time. Honorable Mayor and Members of City Council Bid Committee Report Washington & Fallon Parks - A.D.A. Compliance November 27, 1995 Page 3 4. Time of completion would be extended into the next swimming season. V. Recommendation is as follows: A. City Council concur in Alternative "A" and take the following action: Authorize the City Manager to enter into a contractural agreement, in form approved by the City Attorney, with Williams Painting and Remodeling, Inc. of Roanoke, Virginia, to complete the work at Washington and Fallon Parks Swimming Pools for A.D.A. Compliance in accordance with the contract documents as prepared by the Office of City Engineer in the amount of 979,255.00 and 120 consecutive calendar days. Appropriate the following funding from the 1994-95 CMERP account to a new Capital Account entitled "Washington and Fallon Parks - A.D.A. Compliance: Contract amount Project Contingency Total contract amount 979,255.00 5,745.00 $85,000.00 D. Reiect the other bids received. WRH/LBC/fm Attachment: Tabulation of Bids cc: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts & Fixed Assets Manager, General Services Commissioner of Revenue TABULATION OF BIDS WASHINOTON & FALLON PARKS SWIMMING POOLS - A.D.A. COMPLIANCE FOR CITY OF ROANOKE, VIRGINIA PROJECT #5482-A BID 995-6-118 Bids were opened by D. D. Roupe, Manager, Supply Management, on August 31, 1995, at 2:00 p.m. BIDDER LUMP SUM % DAYS BOND Williams Painting & Remodelling, Inc. $ 79,255.00 120 Yes Acorn Construction, Ltd. $ 90,300.00 90 Yes Construction Services of Roanoke, Inc. $104,000.00 120 Yes Estimated Cost: $75,000 to $80,000 Office of City Engineer Roanoke, Virginia November 27, 1995 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 November 30, 1995 File #34-79-106-322 SANDRA H. EAKIN Deputy City Clerk 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. 32728-112795 amending and reordaining subsections (a), (b), (f) and (g), of {}19-20, When tax payable: installment payment: penalty for late payment: report and collection of delinauencies, of Article I, ~, of Chapter 19, ~, of the Code of the City of Roanoke (1979), as amended, to require payment to be received on or before March 1 for the license tax year beginning January 1, 1996, and all subsequent tax years, and to eliminate the installment payment option for the license tax year beginning January 1, 1997, and all subsequent tax years. Ordinance No. 32728-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995. I am also enclosing copy of Ordinance No. 32741-112795 amending subsection (a) of {}22.1-46, Vested allowance, Article Ill, Employees' Supplemental Retirement System. of Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, to provide for five year vesting, in lieu of ten year vesting. Ordinance No. 32741-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will take effect ten days following the date of its second reading. Evelyn Jefferson November 30, 1995 Page 2 Please include Ordinance Nos. 32728-112795 and 32741-112795 in Supplement No. 35 to the Roanoke City Code. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File ~4-79-106-322 Raymond F. Leven Public Defender Suite 4B Southwest Virginia Building Roanoke, Virginia 24011 Dear Mr. Leven: I am enclosing copy of Ordinance No. 32728-112795 amending and reordaining subsections (a), (b), (f) and (g), of §19-20, When tax payable: installment payment: penalty for late payment: reoort and collection of delinauencies, of Article I, ~, of Chapter 19, J.j~, of the Code of the City of Roanoke (1979), as amended, to require payment to be received on or before March 1 for the license tax year beginning January 1, 1996, and all subsequent tax years, and to eliminate the installment payment option for the license tax year beginning January 1, 1997, and all subsequent tax years. Ordinance No. 32728-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995. I am also enclosing copy of Ordinance No. 32741-112795 amending subsection (a) of §22.1-46, Vested allowanq~, Article III, Emolovees' Su001emental Retirement System. of Chapter 22.1, Pensions and Retirement. Code of the City of Roanoke (1979), as amended, to provide for five year vesting, in lieu of ten year vesting. Ordinance No. 32741-112795 Raymond F. Leven November 30, 1995 Page 2 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of November, 1995. No. 32728-112795. VIRGINIA, AN ORDINANCE amending and reordaining subsections (a), (b), (f) and (g) of S19-20, When tax payable; installment payment; penalty for late payment; report and collection of delinquencies, of Article I, In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, to require payment to be received on or before March 1 for the license tax year beginning January 1, 1996 and all subsequent tax years, and to eliminate the installment payment option for the license tax year beginning January 1, 1997 and all subsequent tax years. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsections (a), (b), (f) and (g) of S19-20, When tax payable; installment 'payment; penalty for late payment; report and collection of delinquencies, of Article I, In General, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained as follows: Sec. 19-20. When tax payable; installment payment; penalty for late payment; report and collection of delinquencies. (a) For license tax year 1995 and all prior license tax years, all license taxes imposed by this chapter shall be deemed to be due and payable during the month of January of each license year, unless otherwise expressly provided. For the 1996 license tax year and all subsequent license tax years, all license taxes imposed by this chapter shall be deemed to be due and payable on or before March I of each license tax year, unless otherwise expressly provided. (b) For the license tax year 1995 and all prior license tax years, each license tax of one hundred dollars ($100.00) or more, excluding any penalties assessable thereon, may be paid in two (2) installments, the first due during the month of January and the second during the month of May of such year, unless otherwise stated. For the license tax year 1996, each license tax of one hundred dollars ($100.00) or more, excluding any penalties assessable thereon, may be paid in two (2) installments, the first due on or before March I and the second due on or before May 31 of such year, unless otherwise stated. Every person electing to pay a license tax in two (2) installments shall, upon payment of the first installment, pay in full all penalties theretofore assessed on such license tax. For the 1997 license tax year and all subsequent license tax years, there shall be only one payment date which shall be on or before March 1. (f) The failure to pay the tax assessed, or due to have been assessed, on a license on or before the due date as set forth in subsections (a) and (b), or to pay such installment thereof as is required by subsection (d), or at such other time as the same shall become due and payable, shall subject the person so failing to the payment of a penalty of ten percent (10%) of the license tax remaining unpaid on such date, such penalty to be added and collected by the treasurer. In addition, interest at the maximum yearly rates authorized by the general law of the Commonwealth, as provided for in section 58.1-3916, Code of Virginia (1950), as amended, shall be assessed and collected on such delinquent tax and penalty remaining unpaid from the first day following the day such taxes, or any installment, are due to be paid, until paid. (g) Promptly after December 31 of each year, the treasurer shall make written report to the director of finance of each unpaid city license tax and the director of finance shall collect each unpaid license tax. ATTEST: City Clerk. MARSHA COMPTON FIELDER Commissioner of the Revenue CITY OF ROANOKE COMMISSIONER OF THE REVENUE 215 Church Avenue, S.W., Room 251 Roanoke, Virginia 24011 Telephone: (703) 981-2521 Fax: (703) 224-3115 November 13, 1995 The Honorable Mayor and Members of City Council Roanoke, Vir~nia Dear Mayor Bowers and Members of Council: The Report to Council and Ordinance attached regarding the Business Professional and Occupational License (BPOL) Filing Deadline and Elimination of Second Installment Payments is presented for your consideration and review. The urgency with which I present this to you stems from the need to complete our planning for year-end work load. A second consideration is the need for our computer department to have the necessary time to make any modifications they determine needed. A third factor will be the need to comm~micate this change with the business comm~mity. I look forward to answering any questions you may have on this issue and to seeing you on Monday. Sincerely, Commissioner of the Revenue cc: City Attorney City Manager City Clerk Director of Finance MARSHA COMPTON FIELDER Commissioner of the Revenue CITY OF ROANOKE COMMISSIONER OF THE REVENUE 215 Church Avenue, S.W., Room 251 Roanoke, Virginia 24011 Telephone: (703) 981-2521 Fax: (703) 224-3115 Roanoke, Vir~nia November 13, 1995 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Business Professional & Ocenpational License (BPOL) Filing Deadline and Elimination of Second Installment Payments Background includes the State level "Brickley" Commission which has been charged with looking at ways to standardize the BPOL tax. One recommendation of the Commiesion is a state-wide due date of March 1 for renewal purposes. Roanoke County and all of the Tidewater area jurisdictions are making this change for the 1996 license year. II. The current situation is that every Roanoke City business must submit their BPOL application and payment by January 31 in order to obtain their new license and be in compliance with City code. Each year businesses and their accountants comment that the sho~t period of time available to compute the gross receipts for the previous year to accurately reflect the license fee by the January 31 deadline is a distinct burden. Businesses whose BPOL tax is more than $100.00 may pay one half of the tax by the January 31 deadline and be billed for the renminlng one halt'to be paid by May 31. III. Issues in order of importance are: Customer Service: Changing the City's due date for BPOL applications and payment to March 1 will allow businesses throughout the valley to have a consistent due date. This change also eases the difficulty in accurately reflecting the gross receipts so quickly afler most businesses close out for the year. Due to the small number of businesses that use the second payment option (322 out of 6563) eliminating the installment payment option will not have an adverse customer service impact. Additionally, the effective date of the elimination would be January 1, 1997, giving businesses ample time to plan for the change. Fiscal Impact: Taxpayers would incur no additional expense. The City of Roanoke Treasurer would no longer incur the expense in sending out the second installment billings. 1V. Alternatives: A. City Council adopt the attached ordinance amending the Code of the City of Roanoke to change the business license due date to March 1, effective January 1, 1996. This ordinance would further amend the Code to eliminate the second payment option for BPOL tax effective January 1, 1997. B. City Council not adopt the attached ordinance thereby leaving the City with an inconsistent local renewal date for the business license, and leave in place the second payment option for BPOL tax. V. Recommendation: City Council adopt the attached ordinance to be effective Jan-arv 1, 1996, amending the Code of the City of Roanoke to change the business license tax due date to March 1, effective January 1, 1996, and eliminate the second payment option for BPOL tax effective JanuaE~ 1, 1997. Respectfully submitted, Commissioner of the Revenue Gordon E. Peters Treasurer cc: City Attorney City Manager City Clerk Director of Finance JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephone: (540) 981-2821 Fax: (540) 981-2940 November 13, 1995 JESSE A. HALL Deputy Director Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: We concur with the recommendation to change the Business, Professional and Occupational License filing deadline to March 1 and to eliminate the second payment option on May 31, 1997. The new filing forms will also direct businesses to mail the payment directly to the City Treasurer's office instead of the Commissioner of the Revenue's office. This will enhance the timeliness of payment deposits. Changing the due date from January 31 to March 1 extends the due date 28 (29 for leap year) days. This delay in collections will be partially offset by eliminating the second payment date of May 31, which is also the due date for personal property. Fiscal year 1995 Business, Professional and Occupational License collections totalled $8.9 million with $7.1 million deposited in January and February 1995 and $1.4 million deposited in May and June 1995. The remaining $0.4 million was collected during the other months and represented new businesses and delinquent collections. The following table shows the timing of collections: January and February May and June All other months Total FY '95 Collections Percent of Annual Collections $7,100,000 0.80 1,400,000 0.15 400,000 0.05 ~ 100% Honorable Mayor and Members of City Council November 13, 1995 Page 2 Extending the due date from January 31 to March I will decrease the opportunity to earn interest income but should be offset by operational efficiencies and the elimination of the subsequent collection date of the second installment in 1997. The County of Roanoke, City of Salem and Town of Vinton all use one payment date. I would be pleased to answer any questions. Sincerely, James D. Grisso Director of Finance JDG:s C; VV. Robert Herbert, City Manager VVilburn C. Dibling, Jr., City Attorney Mary F. Parker, City Clerk Gordon E. Peters, City Treasurer Marsha Compton Fielder, Commissioner of the Revenue MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #1-60-184-202-429 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke held on Monday, November 27, 1995, the question of increasing the staff of the Department of Finance by one employee in connection with fiveyear vesting for City employees was referred to 1996-97 budget study for consideration. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc; James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget MARY E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #1-24-184-202-429 Klm M Nicholl Consulting Actuary Buck Consultants, Inc. Xerox Centre 55 West Monroe Street Chicago, Illinois 60604 Dear Ms. Nicholl: I am enclosing copy of Ordinance No. 32741-112795 amending subsection (a) of §221-46, Vested allowance, Article III, EmDIoyees' SuD01emental Retirement System. of Chapter 22.1, Pensions and Retiremerlt, Code of the City of Roanoke (1979), as amended, to provide for five year vesting, in lieu of ten year vesting. Ordinance No. 32741-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 27th day of November, 1995. No. 32741-112795. AN ORDINANCE amending subsection (a) of S22.1-46, Vested allowance, Article III, Employees' SuDDlemental Retirement System, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, to provide for five year vesting, in lieu of ten year vesting. BE IT ORDAINED by the Council of the City of Roanoke that subsection (a) of S22.1-46, Vested allowance, of Article III, Employees' Supplemental Retirement System, of Chapter 22.1, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ~22.1-46. Vested allowance. (a) Eliqibilit¥. A member with ten (10) or more years of creditable service who, for reasons other than death or retirement under any other provision of this article, ceases to be employed by the city shall be entitled to a vested allowance, as provided for in §~22.1-44, 22.1-45, or 22.1-52; provided, however, a member who was an employee on or after July 1, 1996, with five (5) or more years of creditable service who, for reasons other than death or retirement under any other provisions of this article, ceases to be employed by the City shall be entitled to a vested allowance, as provided for in ~22.1-44, 22.1-45, or 22.1-52. ATTEST: City Clerk. JAMES D. GRISSO Director of Finance CITY OF ROANOKE DEPARTMENT OF FINANCE 215 Church Avenue, S.W., Room 461 P.O. Box 1220 Roanoke, Virginia 24006-1220 Telephor~e: (540) 981-2821 Fax: (540) 981-2940 November 13, 1995 JESSE A. HALL Deputy Director TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Five Year Vesting There are eleven public retirement systems in Virginia which includes the Virginia Retirement System. Nine of these systems provide five year vesting to their employees. The City of Roanoke, as well as the City of Norfolk, currently provides a vested benefit to employees after ten years of creditable service. Vesting means the member is guaranteed a future pension benefit after completion of a specified length of service. As previously reported to you, these eleven systems formed the Association of Municipal Retirement Systems of Virginia. Over the past three years in addition to discussing vesting requirements, the main topic of interest has been portability of retirement benefits between all eleven systems. Portability would provide employees an option to transfer creditable service into one pension plan. A report has been prepared by a Committee of this Association and will be presented at the 1996 Session of the General Assembly. The report recommends that portability be effective July 1, 1996. Portability of retirement benefits between the Commonwealth and its political subdivisions would: Facilitate and enhance the recruitment and retention of qualified personnel, Allow a plan participant to consolidate retirement benefits with one plan, and Reduce administrative maintenance of inactive, vested member records. Honorable Mayor and Members of City Council Page 2 November 13, 1995 Another recommendation of the Committee, is that for a System to participate in portability, the System provide five year vesting to its employees. We requested our Plan's actuary, Buck Consultants, to study the issue of five year vesting. They have determined that five year vesting would require a .09% increase in the annual contribution rate of gross payroll, or approximately $ 52,000. In addition to the increased annual contribution rate, there would be an increase in administrative costs. There would be significant expansion of vested retiree files by changing to five year vesting. There are approximately 500 employees who have between five and nine years of service, which is 25% of the City workforce. The estimated annual operating cost to the Pension Plan would be: · Administrative Expenses $ 8,000 (file cabinet, file folders, furniture, and computer) Additional Employee - Account Technician (including fringe benefits) 27,500 $ 35.500 The addition of a position in the Pension Plan area will: · Counsel terminating vested employees, · Prepare retiree files, · Calculate and pay lump sum benefits, and · Provide assistance to the Retirement Accountant in preparation of actuarial and financial reports in compliance with federal, state and local requirements. The total estimated annual cost to change from ten year to five year vesting: First Year $ 87,500 Subsequent Years $ 79,500 Honorable Mayor and Members of City Council November 13, 1995 Page 3 Approval of five year vesting will: Provide city employees with benefits comparable to those in private industry. (The Employee Retirement Income Security Act [ERISA], which governs private pension plans, mandates five year vesting), · Keep the City competitive in the labor market, and Bring the City of Roanoke Pension Plan in line with other Virginia public retirement systems (The Norfolk Pension Plan will be recommending five year vesting on or before July 1996). Considering the portability issue and the positive impact five year vesting will have on employee morale, we recommend five year vesting be effective July 1, 1996. This will provide employees more than six months notice of the vesting requirement change from ten years to five years. In addition, we request authorization to increase the Depathnent of Finance staff by one position, effective July 1, 1996. The attached ordinance is recommended for your approval. Director of Finance JDG/DP/bs C~ Robert Herbert, City Manager Wilbum Dibling, City Attorney Doris Peters, Retirement Administrator MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.V~, Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #51 Mr. Joseph L. Hale Mr. Roger D. Cannaday MH&C Partnership P. O. Box 14207 Roanoke, Virginia Gentlemen: I am enclosing copy of Ordinance No. 32748-112795 rezoning a parcel of land located on Hershberger Road, N. W., containing approximately 10,720 square feet and identified as Official Tax No. 2280802, from C-1, Office District, to C-2, General Commercial District, subiect to certain conditions proffered by the petitioner contained in a petition filed in the City Clerk's Office on August 15, 1995. Ordinance No. 32748-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Mt. Joseph L. Hale Mr. Roger D. Cannaday November30,1995 Page 2 pc: Tacoma, Inc., 209 E. Main Street, Martinsville, Virginia 24112 Southwestern Telco Federal Credit Union, 1430 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Billy C. Franklin, 4851 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. George D. Zamias, t/a Crossroads Mall, 300 Market Street, Johnstown, Pennsylvania 15901 Ms. Evelyn Meadors, 4852 Eden Drive, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of November, 1995. No. 32748-112795. VIRGINIA, AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 228, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, MH&C Partnership, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-l, Office District to C-2, General 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 Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 13, 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 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. 228 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A 10,720 sq.ft, tract of land lying along Hershberger Road, N.W., known as Lot 3-A, Sec. I, Eden Park, and designated on Sheet No. 228 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 2280802, be, and is hereby rezoned from C-l, Office District to C-2 General Commercial District, subject to the proffers contained in the Petition filed in the Office of the City Clerk on August 15, 1995, and that Sheet No. 228 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission October 16, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from MH&C Partnership that a parcel of land on Hershberger Road containing approximately 10,720 square feet and identified as Official Tax Number 2280802 be rezoned from C-l, Office District to C-2, General Commercial District, subject to certain proffered conditions. I. Current Situation: A. Petition to rezone from C-I to C-2 was filed on 8/15/95. B. Purpose of rezoning request is to allow the development of a retail store. C. Request for rezonin~ is conditional, subject to the following proffered conditions: That the property will be developed in substantial conformity with the preliminary_ comprehensive development plan prepared by Hughes & Associates dated 8/14/95, a copy ofxvhich is attached as Exhibit 1, subject to any changes required by the City during site plan review. The following uses shall not be permitted uses on the subject property: restaurant, hotel or motel, neighborhood and highway convenience stores, outdoor advertising, gas stations, establishments engaged in the sale of or rental of automobiles, automobile cleaning facilities, automobile repair establishments, fast tbod restaurants, automobile painting and body shops. A subdivision plat of the new property shall be submitted for review and approval to the City xvithin three years of the date of the final zoning approval. If no buildin,e pern t has been issued and no construction commenced within three years from the date of the final zoning approval, the zoning shall revert to C-I without further action by City Council. Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of City Council Page 2 Planning Commission public hearing was held on September 6, 1995. Mr. Jeff' Parkhill, architect for the applicant appeared before the Commission and discussed the proposed development of the property. Access to the property was of concern to several Planning Commission members. It was noted that all of the other properties on the south side of Hershberger Road had better access from side streets and traffic signals. Ms. Evelyn Lander, City Planner, noted that the existing C-1 zoning of the property was reasonable, but that given the existing uses on Hershberger Road, C-2 zoning was also reasonable, and that managing traffic for either zoning district would be difficult. The property was a difficult one to develop and the applicant's conditional rezoning request and proffered design could produce a good development. Several neighbors appeared before the Commission and expressed their concern for the proposed rezoning. Mrs. Emma Franklin (4851 Eden Drive, N.W.), an adjoining property owner, advised that she was in opposition to the rezoning because of the noise and traffic associated with a retail business. She felt that other retail commercial space was available elsewhere and that an office was more compatible because of their hours and days of operation. She advised that two of her neighbors, Mrs. Kidd and Mrs. Stevens, were present and opposed to the rezoning. Ms. Evelyn Meadors (4852 Eden Drive, N.W.) appeared before the Commission in opposition to the rezoning. She indicated that she was concerned about traffic to be generated by a retail business and the two story nature of the building when other buildings were one story in size. The applicant, Mr. Roger Cannaday, discussed his proposal to buffer the residential property from the commercial development using a retaining wall and privacy fence and retaining the pine trees to the east. He indicated his desire to limit the business hours of to not beyond 9:30 p.m. and advised that he wanted to meet with residents to discuss his proposal further and assure them of his desire to construct a compatible development. The Planning Commission voted to approve the rezoning request by a vote of 4-2 (Messrs. Jones, Chrisman, and Hill and Mrs. Coles voting in favor of the request and Mr. Bradshaw and Mrs. Duerk voting in opposition). II. Issues: Zoning of the property is currently C-1. Surrounding zoning is C-2 to the north and east, C- 1 to the west, and RM- 1 to the south. Properties along Hershbemer Road have been the subject of past rezoning activity. Adjacent property to the west was conditionally zoned C-2 in May of 1982 for a Shoney's restaurant and another retail commercial building; the rear portion of the property remained zoned C-1. The property was later subdivided into three parcels. In 1990, the rear portion was conditionally zoned C-2 for a radio station, family restaurant, arcade, and miniature golf course. Because ora three year reversion clause in the 1990 rezoning, the property is now zoned C-1. The effect of commercial development on adjacent residential properties was a concern in both Members of City Council Page 3 III. rezonings. Consequently, development plans were proffered and landscape buffering was included as conditions of the rezoning Property is currently vacant land. Adjacent land uses include Crossroads Mall, banks and fast food restaurants on Hershberger Road and single family houses on Eden Drive. Access for the property is from Hershberger Road. A solid concrete median exists from Rutgers Street (east of subject property) to Bean Street, restricting traffic movement. Traffic signals are located at Bean Street and at Rutgers Street. Development plan for the property includes acquisition of a portion of the adjacent property currently identified as Tax Number 2280606 which is already zoned C-2, conditional. The petitioner has a contract to purchase this area and plans to combine it with the property requested for rezoning. Conditions of the previous rezoning would still be met. By increasing the new lot frontage from 60 feet to 80 feet, the property requested for rezoning would meet the 75 foot lot frontage requirement for the C-2 district. Neighborhood organization is the Williamson Road Action Forum. They have been notified of this request. No comments have been received. F. Comprehensive Plan recommends the following: Development of new or existing commercial areas should be carefully planned and designed to promote quality development and good land use. Neighborhood character and environmental quality should be protected. Possible changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Alternatives: A. City Cooncil approve of the rezoning request. Zoning is changed from C-1 to C-2, conditional Proffered conditions address the development of the property and uses. Land use is restricted; certain uses have been excluded. Petitioner has advised that the commercial uses would be oriented toward office or small general retail. Members of City Council Page 4 City Council deny the rezoning request. 1. Zoning remains C-1. 2. Land use could be those vermitted in the C-1. Office District. Access would be from Hershberger Road. Traffic would be able to enter the property only from the eastern bound lane. Develovment plan would involve a re-subdivision of the property to increase its lot frontage and developable area. Subdivision requirement is part of the proffered conditions. Neighborhood buffering that is existing will be retained. City screening and buffering requirements would be met. Comprehensive Plan could be followed. Access would be from Hershberger Road. Traffic access issue still exists. Development plan could still be pursued. Use of the property would be limited to those permitted in the C-1 district. Neie;hborhood not affected. Any new development would still have buffering requirements. 6. Comprehensive Plan could be followed. IV. Recommendation: The Planning Commission, by a vote of 4-2 (Mr. Bradshaw and Mrs. Duerk voting against the motion) recommends approval of the rezoning request. While C-1 zoning of the property is reasonable, the C-2 conditional zoning as proposed by the petitioner, is also reasonable and would result in a well designed commercial property that can enhance this portion of Hershberger Road. The adjacent residential properties will be buffered with existing pine trees, a privacy fence, and additional landscaping as required by city development regulations applicable for new commercial development abutting a residential use. Members of City Council Page 5 JRM/ESL/ga Attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission PETITIC, i'4 'FO REZONE IN THE COIJNCIL OF THE CITY ,DF ROANOKE VIRGINIA IN RE: Rezon~ng of a tr'ac't of land lying L__gt...~:A S~; 1, E.dep_ to be sub,jec to cer'~affn conditions, TO THE HONORABLE MAYOR AND HEHBERS OF THE COUNCZL OF TI4E CZTY OF ROANOI(E: The , t' , ' Fe.3t~oner MH&C Par'tner'sh~B owns land ~n the ,?~tv ot Roanoke containin9 1~7~_~A.~%~, mor'e or curr'en~]y zoned C--1~ A map attached as Exhibit i. Pur~uan. to Section 36.1-690. Code of the ni~y of: Roanoke (~979), as amended, the Petitione~. reques'~s that ~he sa~'d property be r'ezoned fr'om C~1 Distr'iot t© C-2 District, sub-iect to certain conditions set 'For'th' below, 'For' the purpose of s~ Retail Commer'c~ al Bus,ness. 1-1~e Petitioner believes tlae r'ezonin9 of ~he sa~d ~r'act of ]and w~11 Further' tlae ~ntent and pLir'poses of the C~!:'.¢'s ZOlq~lqq Or'd~nance and ~?s compr'ehens~ve plan, -[n 'taxes estimated ~5 The Petitioner hereby pr'oCfer's and agrees that ff the sa~d tract ~s rezoned as requested, that the rezoninq wf]l be sub.¢ect to, and that the Petitioner will abide by, the following cond~t'fons: 1. That the pr'oper'ty will be developed in substantial confor'mity with the pr'emliminar'y compr'ehensive development plan pr'epar'ed by Hughes & Assoc., dated August 1l~, 1995, a copy of which is attachect to the P'et~t~on of Rezon~ng as Exh'fbit subject to any changes r'eclu~r'ed by the C~ts¢ dur'~n.a s~te plan r'ev~ ew. 2. The followTn9 uses shall ~)~qZ be per'mitted uses on the subject pr'oper'ty: r'estaur'ant, hotel of motel, ne~ghbor'hood and h~ghway convenience stor'es, outdoor' adver'tis~ng, gas stations, establishments enqacled ~n the sale of or' r'ental of automobiles, automob~'le cleanfn~ fac~lffties, automol)ile r'epa~'r' establishments, fast food r'estaur'ants, automobile painting and body shops. 3, A subdiv~soin plat 6f the new pr'oper'ty shall be submitted for' r'ev~ew and appr'ova] to the City w{th~a thr'ee year's of the date of the f~nal zonin,a appr'oval. a. That 'fl no building per'm~t has been issued and no constr'uct~on commenced w]thCn 3 year's f~om the date o'f f~nal zoning appr'oval, the ZOl~lhg shall r'ever't to w~thout fur'ther' action by C~ty ,2oul~c~'l. Attached as Exhibit 2 ar'e the names, addr'essess and tax number's of the owner' of owner's of all lots of pr'oper'ty ~mmed~ately adjacent to immed~ate'ly acr'oss the str'eet or' r'oad fr'om the pr'oper'ty to be r'ezoned, WHEREFORE~ the Petitioner' r'equests that the above-d,~scr'ibed tr'act be r'ezoned as requested -in accor'dance with of the Zoning Or'dinance of the C~ty of Ro~nok~ Respectfully submitted this 199 b~. By: Respectfully submitted, (Address and telephone number of Counsel) signature of owner (Typed name and address of all owners of property to be rezoned and signature of said owners) J~? o~hB~O~7Hale, Partner' Roanoke, VA 24038 ~7.~BD;xC~ay, Pa~ner Roanoke, VA 24038 M H & C Partnership Post Office Box 11832 · Roanoke, Virginia 24022 TAX ID JL 2280606 2280801 2280803 228081~ Across Road: 6660103 EXHIBZT 2 MH&C PARTNERSHIP TAX ID~ 2280802 REZONZNG Cl TO C2 OWNER ADDRESS Tacoma, Inc. (Taco Bell) 209 E. Hain Street Mar'tinsville, VA Southwestern Telco Fecleral 1630 Ilershber'ger' Road, Roanoke, VA 2~012 Credit Union B'¥11y C. & Emma G. Fr'anl(lin ~,851 Eden Drive, NW Roanoke, VA 2l~012 George D. Zamias T/A Crossroads Ma'll 300 Market Street Johnstown, PA '1590'1 MARY F. PARKER, CMC/AAE Cit~ Clerk 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 October 27, 1995 File #51 Mr. Joseph L. Hale Mr. Roger D. Cannaday P. O. Box 14207 Roanoke, Virginia 24038 Gentlemen: At a regular meeting of the Council of the City of Roanoke on Monday, October 23, 1995, Council voted to reconsider the request of MH&C Partnership that a parcel of land located on Hershberger Road, N. W., containing approximately 10,720 square feet, and identified as Official Tax No. 2280802, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner, which request was denied at a regular meeting of the Council of the City of Roanoke on Monday, October 16, 1995. A public hearing will be held on the request for rezoning on Monday, November 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard. It will be necessary for you or a representative to be present at the November 13 public hearing. Failure to appear could result in a deferral of the request until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Mr. Joseph L. Hale Mr. Roger D. Cannaday October 27, 1995 Page 2 pc: Taxoma, Inc., 209 E. Main Street, Martinsville, Virginia 24112 Southwestern Telco Federal Credit Union, 1430 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Billy C. Franklin, 4851 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. George D. Zamias, t/a Crossroads Mail, 300 Market Street, Johnstown, Pennsylvania 15901 Ms. Evelyn Meadors, 4852 Eden Drive, N. W., Roanoke, Virginia 24012 Ms. Emma Franklin, 4851 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. Andrew Cohen, P. O. Box 14207, Roanoke, Virginia 24038 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ronald H. Miller, Building Commissioner John R. Marlles, Agent, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Martha P. Franklin, Secretary, City Planning Commission Ad Number: 102783238 Publisher's Fee: ROGER D. CANNADAY, MH&C PARTNERSHIP P.O. BOX 14207 ROANOKE, VA 24038 $121.80 PARTN Roanoke Times STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/27/95 FULL RUN - Friday 11/03/95 FULL RUN - Friday Witness, this 10th day of November 1995 Authorized Signature & World-News 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, and the Council of the City of Roanoke's decision at its public meeting held on Monday, October 23, 1995, to reconsider this matter, the Council of the City of Roanoke will hold a Public Hearing on Monday, November 13, 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 C-l, Office District to C-2, General Commercial District, the following property: A 10,720 sq.ft, tract of land lying along Hershberger Road, N.W., known as Lot 3-A, Sec. 1, Eden Park, and bearing Official Tax No. 2280802, 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 ~ day of 0ctob~r , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, October 27, 1995, and once on Friday, November 3, 1995. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 2 ! 5 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Roger D. Cannaday, Partner MH&C Partnership P. O. Box 14207 Roanoke, Virginia 24038 Roanoke Times & World-News · Ad Nuraber: 92969582 Publisher's Fee: $110.20 ROGER D. CANNADAY, MH&C PARTNERSHIP P.O. BOX 14207 ROANOKE, VA 24038 PARTN STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 09/29/95 FULL RUN - Friday 10/06/95 FULL RUN - Friday Witness, this 12th day of October 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, October 16, 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 C-l, Office District to C-2, General Con~nercial District, the following property: A 10,720 sq.ft, tract of land lying along Hershberger Road, N.W., known as Lot 3-A, Sec. 1, Eden Park, and bearing Official Tax No. 2280802, 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 27th day of September , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News, once on Friday, September 29, 1995, and once on Friday, October 6, 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 Roger D. Cannaday, Partner MH&C Partnership P. O. Box 14207 Roanoke, Virginia 24038 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 October 3, 1995 File #51 Mr. Joseph L. Hale Mr. Roger D. Cannaday P. O. Box 14207 Roanoke, Virginia 24038 Gentlemen: 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, October 16, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of MH&C Partnership that a 10,720 square foot tract of land lying along Hershberger Road, N. W., described as Lot 3-A, Section One, Map of Eden Park, Official Tax No. 2280802, be rezoned from C-1, Office 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. Please review the documents end if you have questions, you may contact Stevon 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. Mr. Joseph L. Hale Mr. Roger D. Cannaday October 3, 1995 Page 2 It will be necessary for you or a representative to be present at the October 18 public hearing. Failure to appear could re~lt in a deferral of the request until a later date. MFP:sm October Enc. pc: Sincerely, Mary F. Parker, CMC/AAE City Clerk Tacoma, Inc., 209 E. Main Street, Martinsville, Virginia 24112 Southwestern Telco Federal Credit Union, 1430 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Billy C. Franklin, 4851 Eden Drive, N. W., Roanoke, Virginia 24012 Mr. George D. Zamias, t/a Crossroads Mall, 300 Market Street, Johnstown, Pennsylvania 15901 Ms. Evelyn Meedors, 4852 Eden Drive, N. W., Roanoke, Virginia 24012 CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: ' '~ ~ ' ~ M H & C Partnership to rezone property on Hershberger)AFFIDAVIT Road, N.W., Tax No. 2280802, from C-I, to C-2, con. ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Geraldine S. Aldridge, first being duly sworn, states that she secretary in the Roanoke City Planning Department, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-431, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 28th day of August, 1995, notices of a public hearing to be held on the 6th day of September, 1995, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner, Agent or Occupant 2280606 Tacoma, Inc. 2280801 2280803 2280814 Southwestern Telco Federal Credit Union Billy C. and Emma G. Franklin 6660103 George D. Zamias t/a Crossroads Mall Address 209 E. Main Street Martinsville, VA 1430 Hershberger Road Roanoke, VA 24012 4851 Eden Drive, NW Roanoke, VA 24012 300 Market Street Johnstown, PA 15901 Geraldine S. Aldridge ~ SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of August, 1995. Notary Public Commission Expires: NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 6, 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 ¢onslder the following: Request from M H & C Partnership, represented by Roger D. Cannaday, Partner, that a parcel of land located on Hershberger Road, N.W., containing 10,720 s.f., more or less, and identified as Official Tax No. 2280802, be rezoned from C-I, Office District to C-2, General Commercial District, such rczoning 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, August 22, 1995 and Tuesday, August 29, 1995 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Chumh Avenue, S.W. Roanoke, VA 24011 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 August16,1995 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: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from MH&C Partnership requesting that a tract of land located on Hershberger Road, N. W., described as Lot 3-A, Section 1, Eden Park, Official Tax No. 2280802, be rezoned from C-1, Office 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/MH&C Enc. pc: ~r. Honorable Mayor and Members of the Roanoke City Council Joseph L. Hale and Mr. Roger D. Cannaday, P. O. Box 14207, Roanoke, Virginia 24038 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 E 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: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am enclosing copy of Ordinance No. 32749-112795, for proper recordation in your office, permanently vacating, discontinuing and closing an undeveloped section of 22nd Street, S. W., running in a northerly direction from Sanford Avenue to the right-of-way of U. S. Route 220 Expressway. Ordinance No. 32749-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/ME City Clerk MFP:sm Enc. pc: Ms. Bonnie L. Young, 2203 Sanford Avenue, S. W., Roanoke, Vi:ginia 24014 MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKF, OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File #514 Ms. Bonnie L. Young 2203 Sanford Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Young: I am enclosing copy of Ordinance No. 32749-112795 permanently vacating, discontinuing and closing an undeveloped section of 22nd Street, S. W., running in a northerly direction from Sanford Avenue to the right-of-way of U. S. Route 220 Expressway. Ordinance No. 32749-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Ms. Bonnie L. Young November 30, 1995 Page 2 pc: Ms. Deborah Lindsey and Ms. Kathryn R. Cart, 2832 Fairway Forest Drive, Salem, Virginia 24153 Virginia Department of Transportation, 731 Harrison Avenue, Salem, Virginia 24153 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of November, 1995. No. 32749-112795. VIRGINIA, AN ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, Virginia, as are more particularly described hereinafter. WHEREAS, Bonnie L. Young, filed a First Amended Application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by S30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on November 13, 1995, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens afforded~an opportunity to be heard on said application; and were WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that will result to any individual or to the public vacating, discontinuing and closing said public no inconvenience from permanently right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: The undeveloped section of 22nd Street, S.W., running in a northerly direction from Sanford Avenue, S.W., to the right-of-way of U.S. 220 Expressway, but not that portion of the undeveloped section of 22nd Street, S.W., which extends twenty-five (25) feet in a westerly direction from the existing edge of the pavement at Sanford Avenue, S.W., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any public utility, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the closure of the above-described right-of-way is conditioned upon applicant's submitting to the City, receiving approval of, and recording a subdivision plat, providing for the disposition of the land within the right-of-way, to be vacated, in a manner consistent with the requirements of Chapter 31, Subdivision, of the City Code, and providing for the retention of appropriate easements, together with the right of public passage over the same, for the purpose of construction, repair and general maintenance of any and all utilities that may exist within said right-of-way; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within six (6) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of 8onnie L. Young, and the names request, as Grantees. of any other partles In Interest who may so ATTEST: City Clerk. ~ Rean. oke City Planning Commission November 13, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Bonnie L. Young that a certain portion of 22nd Street, S.W., running in a northerly direction from Sanford Avenue, S.W., to the right-of-way of U.S. 220 Expressway, be permanently vacated, discontinued and closed. Section of 22nd Street. S.W,, as requested for closure, is located one block east of Colonial Avenue, S.W., across from the Towers Shopping Mall (see attached Map A). Street seg~Jon__e.~e, iCs in a westerly direction from Sanford Avenue, S.W., for a distance of approximately 125 feet. Street right-of-way is 50 feet wide. Co Construction of the Colonial Av~? access ramp from the U.S. 220 Expressway, some years ago, severed 22nd Street from its original intersection with Colonial Avenue. This short section of 22nd Street was left as a partially developed dead- end street. ~I~L22d~[~, as requested for closure, is located near the northerly end of Sanford Avenue, S.W. Sanford Avenue is also a dead-end street. Developed portion of subject 22nd Street currently serves as a public turnaround for vehicular traffic on Sanford Avenue. Ao A~niication to close and vacate all of the subject section of 22nd Street, S.W., was received on September 14, 1995. Bo Applicant owns the property (2203 Sanford Avenue) abutting the southerly side of the subject section of 22nd Street, S.W. (see attached Map A). Room162 MunicipaIBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 Pronerty abutting the northerly side of 22nd Street is owned by Deborah Lindsey and Kathryn R. Cart (2135/2137 Sanford Avenue). Street section is partially developed. Street is paved from its intersection with Sanford Avenue for a distance of approximately 20 feet. Utility shed and a stockade ~ fen~ are partially situated within the rear portion (undeveloped section) of the 22nd Street right-of-way. Staff reeort as presented to the Planning Commi~i0n recommended that a portion of the developed section of the subject 22nd Street, S.W., be retained by the City for the purpose of maintaining a public turnaround on this dead-end section of Sanford Avenue, S.W. Avvlicant agreqxt to amend her application to close a certain portion of 22nd Street, S.W., to be more specifically defined by an accurate survey and as described in Section V. of this report. III. Issues: B. Traffic imoact. C. Utilities within the public right-of-way, D. Creation of a dead-end street. E. Land use. F. Relationship to the comorehensive plo. n. IV. Alternatives: Apnrove the auvlicant's amended aoDli¢g~i0n, thereby approving the closure of the undeveloped section of 22nd Street, S.W., subject to certain conditions as outlined in Section V. of this report. ~.~rIl~[Jlllllttg~ Closure of the undeveloped portion of 22nd Street, S.W., will not adversely affect or impact upon any other property owner in the area. Traffic impact. Closure of the undeveloped portion of 22nd Street will not affect traffic or future traffic needs in the area. Members of Council Page 3 Utilities within the public fight-of-way. Easements will be retained for any and all utilities that may be located in the public fight-of-way. Creation of a dead-end street. Closure will not create a dead-end street. Limited section of 22nd Street will serve and function as a public turnaround for traffic on Sanford Avenue, S.W. 5. Land use: Closure and vacation of a portion of this street will result in a change in existing street and private property boundary lines. Subdivision plat should be required of the applicant to ensure that appropriate disposition of the land within the vacated right-of-way is accomplished in a manner that is consistent with the City's subdivision ordinance and regulations. Subdivision plat will provide for an accurate survey and will ensure that a sufficient area is retained by the City for a public turnaround. Relationship to the comorehensive plan. Request is consistent with the intent of the comprehensive plan that available land should be used in the most appropriate manner. City has no current or future plans to use the undeveloped portion of this street right-of-way. Abutting property owners can utilize the undeveloped portion of this fight-of-way in a more efficient manner. Deny the applicant's request to close and vacate the described section of 22nd Street, S.W. 1. Neighborhood impact would not be an issue. 2. Traffic impact would not be an issue. 3. Utilities within the public right-of-way would not be an issue. 4. Creation of a dead-end street. Dead-end street would remain. Land use. Undeveloped section of the subject street right-of-way will remain in an idle and unproductive state. Members of Council Page 4 6. Relationship to the comprehensive plan would not be an issue. V. Recommendation: Planning Commission. by a vote of 6-0 (Mr. Hill absenO recommends that City Council rov A1 rn tiv A thereby approving the applicant's amended application to close and vacate a certain section of the existing right-of-way of 22nd Street, S.W., but saving and excepting therefrom a specific portion thereof, which may be less, but shall not be more than 20 feet in width and 25 feet in length, as the same extends in a westerly direction from the existing edge of the pavement at Sanford Avenue, S.W., which shall be retained by the City for use as a public turnaround. Applicant shall submit to the City for its review and approval, receive approval of, and record with the Clerk of Circuit Court, a subdivision plat providing thereon for the following: The disposition of the land within the right-of-way to be vacated in a manner consistent with the requirements of Chapter 31 of the City Code 0979). The retention of appropriate easements together with a right of passage over the same for surface and subsurface construction and repair of any and all utilities that may be located in the vacated right-of-way. The retention of an area sufficient to provide for and serve as a public turnaround for traffic on Sanford Avenue, S.W., which shall be reviewed and approved by the Agent to the Planning Commission prior to the recordation of the above-cited subdivision plat. If the subject plat of subdivision is not approved by the city and recorded by the applicant within a period of six months from the date of the adoption of the ordinance providing for this closure, then said ordinance shall become null and void with no further action by City Council being necessary. Respectfully submitted, CHC:ERT: mpf attachments Carolyn H. Coles, Chairman Roanoke City Planning Commission Members of Council Page 5 Assistant City Attorney City Engineer Building Commissioner Petitioner IN THE COUN CIL OF THE CITY OF IN RE: ) Application of Bonnie Young) for vacation of 22nd St. SW) ROANOKE, VIRGINIA 1st AMENDED APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF [22nd St. SW] MEMBERS OF COUNCIL: Bonnie L. Young, of Roanoke, Virginia, applies to have 22nd St. SW, in the c~ty permanently vacated,discontinued and closed, pursant to Virginia Code Section 15.1-564 and Section 30-14, Code of the City of Roanoke(1979), as amended. Inclusive of all of the existing right-of-way at 22nd St. SW, but saving and excepting there from a specific portion of the subject 22nd St. that m. ay be less, but shall not be more than 20 feet in width and 25 feet in length, as the same currently extends in a westerly directi'on from the existing edge of the pavement at Sanford Ave. SW, which shall be retained by the city for use as a public turnaround./" This street is more particularly described on the map attatched and as follows. 22nd St. SW was blocked off, for the Colonial Avenue, off ramp, on Interstate 581, and is now a dead end. Bonnie Young states that the grounds for this application are as follows: 1> Deborah Lindsey and Kathryn Cart own the only other property adjoining this street and are both in agreement with this application. 2> The property to be vacated is presently being used as parking and yard. 5) The applicant desires to use the property being vacated for parking and yard. Wherefore, 8onnie Young respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in acc~ordance with Section 30-14 Code -2- Virginia Code'Section 15.1-364 and of the City of Roanoke(1979), as amended. Respectfully submitted, Bonnie L. Young Date (2) (3) (4) Bonnie Young 2203 Sanford Ave. SW Roanoke~ Virginia 24014 Deborah Lindsey 3485 Overbrook Dr. SW Roanoke, Virginia 24018 Kathryn R. Cart 2832 Fairway Forest Dr. Salem, Virginia 24153 Co-Owners of Adjoining Property 2135 and 2137 Sanford Ave. SW Virgini'a Department of Transportation 731 Harrison Ave. Salem, Virginia 241~3 ' ', ir · INDING ~O~ ~! Vac. a6f , .. g MAP A · .MAP B Ad Number: Publisher's Fee: Roanoke Times 102782519 $95.70 CITY OF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL BLDG ROANOKE, VA 24011 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published'in said newspapers on the following dates: 10/27/95 FULL RUN - Friday 11/03/95 FULL RUN - Friday Witness, this 10th day of November 1995 Authorized Signature & World-News NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, November 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on an application to permanently abandon, vacate, discontinue and close the following public right- of-way: The undeveloped section of 22nd Street, S.W., running in a northerly direction from Sanford Avenue, S.W., to the right-of-way of U.S. 220 Expressway. 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 25th day of October , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Tiles and World-News, once on Friday, October 27, 1995, and once on Friday, November B, 1995. Send publisher's affidavit and bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 3, 1995 File #514 Ms. Bonnie L. Young 2203 Sanford Avenue, S. W. Roanoke, Virginia 24014 Dear Ms. Young: 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, November 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on your request that an undeveloped section of 22nd Street, S. W., running in a northerly direction from Sanford Avenue, to the right-of-way of U. S. 220 Expressway, be permanently vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request. 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 981-234~.. Ms. Bonnie L. Young November 3, 1995 Page 2 It will be necessary for you or a representative to be present at the November 13 public hearing. Failure to appear could result in · deferral of the request until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm November Eric. pc: Ms. Deborah Lindsey and Ms. Kathryn R. Can', 2832 Fairway Forest Drive, Salem, Virginia 24153 Virginia Department of Transportation, 731 Harrison Avenue, Salem, Virginia 24153 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 October 19, 1995 File #514 SANDRA H. EAKIN Deputy City Cterk Carolyn H. Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an amended application from Bonnie L. Young requesting that an undeveloped section of 22nd Street, S. W., running in a northerly direction from Sanford Avenue, S. W., to the right-of-way of U. S. 220 Expressway, be permanently vacated, discontinued and closed. Sincerely, .~~ Mary F. Parker, CMC/AAE City Clerk MFP:sm s/young Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Ms. Bonnie L. Young, 2203 Sanford Avenue, S. W., Roanoke, Virginia 24014 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CI~¥ OF ROANOKE, VIRGINIA IN RE: ) ), Application of Bonnie Young) for vacation of 22nd St. SW) 1st AMENDED A~PLICATION FOR VACATING DISCONTINUING AND CLOSING OF [22nd St. SW] MEMBERS OF COUNCIL: Bonnie L. Young, applies to have 22nd St. SW, in the city of Roanoke, .Virginia, permanently vacated,discontinued and closed, pursant to Virginia Code Section 15.t-364 and Section 30-14, Code of the City of Roanoke(1979), as amended. Inclusive of all of the existing right-of-way at 22nd St. SW, but saving and excepting there from a specific portion of the subject 22nd St. that m. ay be less, but shall not be'more than 20 feet in width and 25 feet in length, as the same currently extends in a westerly directi'on from the existing edge of the pavement at Sanford Ave. SW, which shall be retained by the city for use as a public turnaround. This street is more particularly described on the map attatched and as follows. 22nd St. SW was blocked off, for the Colonial Avenue, off ramp, on Interstate 581, and is now a dead end. Bonnie Young states that the grounds for this application are as follows: 1) Deborah Lindsey and Kathryn Cart own the only other property adjoining this street and are both in agreement with this application. 2) The property to be vacated is presently being used as parking and yard. 3) The applicant desires to use the property being vacated for parking and yard. Wherefore, Bonnie Young respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, -2- Virginia, in accordance with Virginia Code Section Section 30-14 Code of the City of Roanoke(1979), as 15.1-364 amended. and Respectfully submitted, Bonnie L. Young Date (1) (2) (3) (4) Bonnie Young 2203 Sanford Ave. SW Roanoke, Virginia 24014 Deborah Lindsey 3485 Overbrook Dr. SW Roanoke, Virginia 24018 Kathryn R. Cart 2832 Fairway Forest Dr. Salem, Virginia 24153 Co-Owners of Adjoining Property 2135 and 2137 Sanford Ave. SW Virginia Department of Transportation 731 Harrison Ave. Salem, Virginia 241~3 ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of Bonnie YoungI for vacation of 22nd St. SW) APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF [22nd .St. SW] MEMBERS OF COUNCIL: Bonnie L. Young, applies to have 22nd St. SW, in the city of Roanoke, Virginia, permanently vacated~ discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke(1979), as amended. This street is more particularly described on the map attatched and as follows. 22nd St. SW was bloQked off, for the Colonial Avenue, off ramp, on Interstate 581, and is now a dead end. Bonnie Young states that the grounds for this application are a~ follows: 1) Deborah Lindsey and Kathryn0arr own the only other property adjoining this street and are both in agreement with this application. 2) The property to be vacated is presently being used as parking and yard. 3) The applicant desires to use the property being vacated for parking and yard. Wherefore, Bonnie Young respectfully requests that the above described street, be vacated by the Counc21 of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14 Code of the City of Roanoke(1979), as amended. Respectfully submitted, Bonnie L. Young DAT~ . . . :,[~...: 207 '" NOTICE OF PUBLIC HEARING BEFORE THE ROAN,OKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, October 4, 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 Bonnie L. Young that 22nd Street, S.W., running in a northerly direction from Sanford Avenue, S.W., to the right-of-way of Interstate 581, be permanently vacated, discontinued and closed. 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, September 19, 1995 and Tuesday, September 26, 1995 Please bill and send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 CITY OF ROANOKE, VIRGINIA THE STREET'GL Q PERTAINING TO OSURE RE UEST OF: Bonnie Young to permanently vacate, discontinue and close a 22nd Street, running in a northerly direction from Sanford Avenue to 1-581 COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) )AFFIDAVIT ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to 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 15.1-431, 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 25th day of September, 1995, notices of a public hearing to be held on the 4th day of October, 1995, on the closure captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 1271211 Owner, Agent or Occupant Deborah Lindsey Kathryn R. Carr VDOT Address 2832 Fairway Forest Drive Salem, VA 24153 731 Harrison Avenue Salem, VA 24153 Right-of- way l¢lartha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1995. ~ Notary-Public ~' ' My Commission Expires:~/J 4~ /~ / c7 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 September 14, 1995 File #514 SANDRA H. EAKIN Deputy City Clerk Carolyn Hayes-Coles, Chairperson City Planning Commission 1501 Cove Road, N. W. Roanoke, Virginia 24017 Dear Ms. Coles: Pursuant to Section 30-14, Procedure for altering or vacating City streets or alleys; fees therefor, of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of an application from Bonnie L. Young requesting that the remaining portion of 22nd Street, S. W., formerly 3rd Street, adjacent to Sanford Avenue, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm s/young Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Ms. Bonnie L. Young, 2203 Sanford Avenue, S. W., Roanoke, Virginia 24014 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney %N THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: ) Application of Bonnie Young~ for vacation of 22nd St. SW) APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF [22nd St. SW] MEMBERS OF COUNCIL: Bonnie L. Young, applies to have 22nd St. SW, in the city of Roanoke, Virginia, permanently vacated, discontinued and closed, pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke(1979), as amended. This street is more particularly described on the map attatched and as follows. 22nd St. SW was blocked off, for the Colonial Avenue, off ramp, on Interstate 581, and is now a dead end. Bonnie Young states that the grounds for this application are as follows: 1) Deborah Lindsey and KathrynGarr own the only other property adjoining this street and are both in agreement with this application. 2) The property to be vacated is presently being used as parking and yard. 3) The applicant desires to use the property being vacated for parking and yard. Wherefore, Bonnie Young respectfully requests that the above described street, be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14 Code of the City of Roanoke(1979), as amended. Respectfully submitted, Bonnie L. Young (1) Bonnie Young 2203 Sanford Ave. SW · Roahoke, Virginia 24014 (2) (3) Deborah Lindsey 3485 Overbrook Dr. SW Roanoke, Virginia 24018 Kathryn R. Cart 2832 Fairway Forest Dr. Salem, Virginia 24153 Co-Owners of Adjoining Property 2135 and 2137 Sanford Ave. SW (4) Virginia Department of Transportation 731 Harrison Ave. Salem, Virginia 24153 BINDING EDGE ~'/ 0-~ , " 0 / ,~.~,: OC ~"< '.--. t. Co/or, w/He; ' ' ,o ,..., , pcj. 150 ( ~oano,'<'~ d,n) ' 50. O0' -gl- r e.d- -Fo MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, $.W., Room 456 Roanoke, Virginia 2401141536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Depuv/City Clerk November 30, 1995 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Naif, Aheron and Agee 1919 Electric Road, S. W. Suite One Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinanos No. 32750-112795 rezoning a 1.042-acre tract of land located at the northerly terminus of Lanford Street, N. W., identified as Official Tax No. 2170139, from RS-3, Residential Single-Family District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner contained in the second amended petition filed in the City Clerk's Office on October 17, 1995. Ordinance No. 32750-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm Enc. Edward A. Naif November 30, 1995 Page 2 pc: Mr. EIbert H. Waidron, P. O. Box 20069, Roanoke ,Virginia 24018 Aujla Enterprises, Inc., 5752 Club Lane, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Leonard E. Nester, 3104 Birchlawn Avenue, N. W., Roanoke, Virginia 24012 Ms. Zelma T. Carter, P. O. Box 6402, Roanoke, Virginia 24017 Mr. and Mrs. Robert A. Pedigo, 3114 Birchlawn Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Daniel D. Thomas, 946 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. William Ore, c/o Anglin Realty, P. O. Box 1482, Roanoke, Virginia 24007 Mr. Randolph M. Bailey, 4803 Williamson Road, N. W., Roanoke, Virginia 24012 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of November, 1995. No. 32750-112795. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City (1979), as amended, and Sheet No. 217, Sectional 1976 City of Roanoke, to rezone certain property within subject of Roanoke Zone Map, the City, to certain conditions proffered by the applicant. of rezoned from RS-3, Residential Single General Commercial District, subject proffered by the applicant; and WHEREAS, the City Planning Commission, WHEREAS, Lance Copperman, has made application to the Council the City of Roanoke to have the hereinafter described property Family District, to C-2, to certain conditions 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 November 13, 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. 217 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: A 1.042-acre tract of land located at the northerly terminus of Lanford Street, N.W., and designated on Sheet No. 217 of the Sectional 1976 Zone Map City of Roanoke as Official Tax No. 2170139, 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 Second Amended Petition, filed in the Office of the City Clerk on October 17, 1995, and that Sheet No. 217 of the Zone Map be changed in this respect. ATTEST: City Clerk. Misc. Council - 11/16/95 Ms. Mary F. Parker, City Clerk City of Roanoke Room 456 215 Church Ave., S. W. Roanoke, Va. 24011 1536 November 10, 1995 Dear Madam: We have received a copy of your letter regarding Mr. Lance Copperman's request to rezone a 1.042 acre tract on Lanford Street, N. W. We regret that we will be unable to attend this hearing. However, based on our nine-year experience with Mr. Copperman's ~resent operations at this location, we are pleased to give our whole-hearted approval to this rezoning. One could not have wished for better neighbors. Veny truly yours, rd ~. ester Elsie W. Nester 3104 Birchlawn Ave., Roanoke, Va. 24012-2318 Roanoke City Planning Commission November 13, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Member of Council: Subject: Request fi.om Lance Copperman, represented by Edward A. Natt, Attorney, that a parcel of land identified as Official Tax No. 2170139, and located at the northerly terminus of Lanford Street, N.W., containing 1.042 acres, more or less, be rezoned fi.om 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. Purp_ o~e of the request is to permit the construction of 16 hotel units. ~ on parcel 2170143 was constructed in 1986. Parcel was already zoned C-2. Petition to rezone was filed on September 13, 1995. The following conditions were proffered by the petitioner: That the property will be developed in substantial conformity with the site plan prepared by Balzer & Associates dated August 10, 1995, revised August 28, 1995, a copy of which is attached hereto as Exhibit B, subject to any changes required by the City during site plan review. 2. The property will be used as a 16 unit hotel facility. II. Issues: Zoning of the subject property is RS-3, Residential Single Family District. Zoning to the north is C-l, Office District. Zoning to the west is C-2, General Commercial District; and zoning to the east and south is RS-3, Residential Single Family District. Land use of the subject property is vacant/undeveloped. Land uses surrounding the site are as follows: to the north along Hershberger Road is a mixture of one- and Room162 MunicipalBuilding 215ChurchAvenue, S.W. Roanoke, Virginia24011 (703)981-2344 Members of Council Page 2 two-story commercial uses; to the west is the existing one-story hotel; to the east is an undeveloped/vacant parcel; and to the south is single family residential development. Utilities are adequate and of capacity to serve the proposed uses on the property. Storm drainage concerns will be addressed as part of the comprehensive development plan review process. ~ to and from the site would be provided from Lanford Street and Birchlawn Avenue through a portion of the residential neighborhood. The City Traffic Engineer has indicated that the additional 160 trips per day which would be generated by the proposed development could be accommodated on the adjoining street system. ~ of the subject property would be required along the entire easterly and southerly property boundaries contiguous to residentially zoned areas. The proffered site plan also indicates that many of the existing mature trees on the site would be preserved providing additional screening of the proposed two-story structure. Staff recommended that a solid wood fence of a type acceptable to the agent be provided along the southerly property boundary to supplement the required landscaping. ~ of the proposed parking area and two-story structure was not addressed on the original site plan. Staffrequested that any proposed lighting be directed away from the residential portion of the neighborhood. Neiehborhood omanization is the Williamson Road Action Forum. The Planning office notified the organization of the request on September 22, 1995. No comments have been received as of the writing of this report. H. Comnrehensive Plan recommends that: Commercial development is carefully evaluated to ensure minimal conflict with residential areas and promote good land use. III. 2. Neighborhood character and environmental quality be protected. Planning Commission public hearing was held on October 4, 1995. Mr. Ed Natt, attorney, summarized the request for rezoning. Mr. Natt stated that the Planning staff had raised a number of issues which he would address. In response to a staff concern regarding buffering, Mr. Natt stated there would be a six foot high fence erected along the southern property line screening the adjacent Members of Council Page 3 single family residences. In response to staffs concerns regarding design of construction, Mr. Natt displayed a brochure depicting the type of construction. Mr. Natt stated that construction would be in substantial conformity with the type of construction depicted on the rendering in the brochure. Relative to lighting, Mr. Natt stated that lighting would be directed away from the residential portion of the neighborhood. Finally, Mr. Natt stated there would be no signage on the property. Mr. Marlles gave the staffreport noting the petitioner had addressed the concerns of the staff. Mr. Marlles noted that staff had no objection to the request. There were no citizens present to speak in favor of or opposition to the proposal. Second amended netiti0n was filed on October 17, 1995, containing the following proffered conditions: That the property will be developed in substantial conformity with the site plan prepared by Balzer and Associates, dated August 10, 1995, revised August 28, 1995, a copy of which is attached hereto as Exhibit B, subject to any changes required by the City during site plan review. 2. The property will be used as a 16-unit hotel facility. That landscaping on the south and east sides of the property would be in accordance with the requirements of the Roanoke City ordinances. That a six foot stockade fence will be constructed on the property line on the southerly side of the property adjoining the existing single family residences. That the property will be constructed in substantial conformity with the photograph included in the pamphlet presented to the Planning Commission at its meeting on October 4, 1995. 6. That no single day leases and rentals will occur. 7. That there will be no signage on the property. That all lighting on the property, including lighting of the structure itself, parking lots and lighting at the individual units will be directed away from the adjoining residential property. IV. Alternatives: A. ~C,~33fiiL~ the rezoning request. Members of Council Page 4 Zoning of the subject property would be conditional, C-2, General Commercial District. Development of the property could take place as proposed. 2. Land use would become a sixteen (16) unit two-story hotel facility. Accesl~ to and from the site can safely be provided by Lanford Street and Birchlawn Avenue. No traffic impacts are anticipated from the proposed use of the property. Screening would be required as pan of the comprehensive development plan review process along all property boundaries that adjoin residentially zoned areas. ~ would not be an issue. The subject property is not suitable for single family residential development. ~ "spill over" onto adjacent residential properties would not be an issue. 7. Comprehensive Plan issues as set forth have been addressed. B. ~ the rezoning request. .g__0__qillg of the subject property will remain RS-3, Residential Single Family District and the proposed development of the property would not be permitted to occur. Land us? would remain as vacant, undeveloped property. Site would continue to be available for single family residential development. 3. ~ would not be an issue. 4. Screening would not be required. 5. ~ would remain unchanged. 6. ~ would not be an issue. 7. C m r h n iv PI n issues as set forth could be followed at a later date. Members of Council Page 5 Planning Commission, by a vote of 6-0 (Mr. Hill absent) recommended that City Council approve the requested conditional rezoning from RS-3, Residential Single Family to C-2, General Commercial District. The proposed rezoning is a logical extension of the C-2 zone and should have minimal impact on the surrounding residential neighborhood. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:mpf attachment cc: Assistant City Attorney City Engineer Building Commissioner Attorney for the Petitioner AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the City of Roanoke containing a total of 1.042 acres, more or less, identified as tax map parcel 2170139, according to the tax maps of the City of Roanoke from Zoning Distridt RS-3, Residential, Single Family, to Zoning District C-2, General Commercial District, such rezoning to be subject to certain conditions. ~0 THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner Lance Copperman, owns land Roanoke containing 1.042 acres, more or less, northerly terminus of Lanford Street, NW, known as Official Tax Map No. 2170139. Said Residential, Single Family. is attached as Exhibit A. in the City of located at the Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RS-3, Residential, Single Family to C- 2, General Commercial District, subject to certain conditions set forth below, for the location of 16 hotel units on the property. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Drdinance and its comprehensive plan, in that it will develop a ~arcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the ~rea. The operation of hotel units at such location would )romote the highest and best use of the property. parcel is currently zoned RS-3, A map of the property to be rezoned The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that conditions: 1. That the Petitioner will abide by, the following the property will be developed in substantial conformity with ~he site plan prepared by Balzer & Associates .dated August 10, 1995, revised August 28, 1995, a copy of which is attached hereto as Exhibit B, subject to any changes required by the City during site plan review. 2. The property will be used as a 16 unit hotel facility. 3. That landscaping on the south and east side of the property would be in accordance with the requirements of the Roanoke City Ordinances. 4. That a six foot stockade fence will be constructed on the property line on the southerly side of the property adjoining the~existing single family residences. 5. That the property will be constructed in substantial ~onformity with the photograph included in the pamphlet presented to the Planning Commission at its meeting on October 4, 1995. 7. 8. of the individual units will be directed residential property. Attached as Exhibit That no single day leases and rentals will occur. That there will be no signage on the property. That all lighting on the property, including lighting structure itself, parking lots and lighting at the away from the adjoining c 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 .I ~ day of ~~ , 1995. Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 (703) 774-1197 VSB #1104 Respectfully Submitted, Of Counsel nance Cdppermah-~ ti : \wpSO\s t eph \copperma. Amd: ss e I O/17/95 WAL[)..~OAJ I-I01~4E$, IgC. - T× ..-:: MO.- 2170/39" .' '"- ' :' -" PARCE L_ "J OF' .e ooz88 9 AC. L A ~ STREET I~0.~' ~ '. e 35.05' L ?C "-'"5 AC.. ? l I ~ ! i LEGAL DESCRIPTION BEGINNING at a point on the northerly line of the property ¢~K Elsie White Ne~ter a)~d Leon~3-d R. N~st~r (ta~ map 2170127), said point being at the so%*thwest corner of Lanford Street, NW (40' right of way); thence, N. 27~ 29' 00" W. 35' to a point; thence, N. 62" 31' 00" W. 36.79' to a point on the easterly line of the property owned by Lance A. Copperman (tax map 2170143); thence with the same N. 30° 25' 00" W. 225.24' to a point on the A. Orr (l~)[ ~ap 2170324); t)~e)~cc with l-)~c ~.ame N. 58~ 12~ 00" E. 177.4' to a point on the property of the westerly line of Daniel D. and Cheryl B. Thomas (tax map 21701013); thence, with the same S. 30° 25' 00'" E. 269.66, to a point; thence, S. 62" 31' 00" 142.58' to the point and place of BEGINNING. N T__y Name_~d_dress Elbert FI. WaldroD P. O. Box 20069 Roanoke, VA 24018 21703.02 Gary W. Clark .~ 4453 Rosecrest Road, Roanoke~ VA 2403f~ SW 2170124 Aujla Enterprises, Inc. 5754 Club Lane Roanoke, VA 2403.8 2170158 Lance A. Copperman 2578 Brandy Run Drive Salem, VA 24153 2170143 Elsie White Nester Leonard E. Nester 3104 Birchlawn Avenue, NW Roanoke, VA 24012 2170127 Zelma T. Carter P. O. Box 6402 Roanoke, VA 24017 2170126 Robert A. Pedigo Alice A. Pedigo 3114 Birchlawn Avenue, Roanoke, VA 24012 NW 2170125 Daniel D. Thomas Cheryl B. Thomas 946 Hershberger Road, Roanoke, VA 24012 2170103 z:\~pSO\s~:eptt\coppernm.Apo:sseOg/13/9$ ~. ;'ZI*IUZO1 ~.4, o' 2~7ol5a 21'/C)1'27 'Zl'lOI30 0333 21-/UI~I 21-/0i2i ---. ~ ~ ~.170107 ~ 21'Z0108 2 1 ?0/09 Roanoke Times & World-News Ad Number: 102782517 Publisher's Fee: $110.20 OSTERHOUDT FERGUSON NATT AHERON & AGEE 1919 ELECTRIC RD SW ROANOKE, VA 24018 STATE of VIRGINIA CITY of ROANOKE AFFIDAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: 10/27/95 FULL RUN - Friday 11/03/95 FULL RUN - Friday Witness, this 10th day of November 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, November 13, 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 1.042-acre tract of land located at the northerly terminus of Lanford Street, N.W., and bearing Official Tax No. 2170139, 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 25th day of October , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke Times and World-News. once on Friday, October 27, 1995, and once on Friday, November 3, 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 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron &Agee, PC 1919 Electric Road, S. W. Roanoke, Virginia 24018 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Deputy City Clerk November 3, 1995 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Suite One Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on M6nday, April 6, 1981, I have advertised a public hearing for Monday, November 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of Lance A. Copperman that a 1.042-acre tract of land located at the northerly terminus of Lanford Street, N. W., identified as Official Tax No. 2170139, 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. 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. Edward A. Natt November 3, 1995 Page 2 It will be necessaw for you or a representative to be present at the November 13 public hearing. Failure to appear could result in a deferral of the request until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm November Enc. pc: Mr. Elbert H. Waldron, P. O. Box 20069, Roanoke ,Virginia 24018 Aujla Enterprises, Inc., 5752 Club Lane, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Leonard E. Nester, 3104 Birchlawn Avenue, N. W., Roanoke, Virginia 24012 Ms. Zelma T. Carter, P. O. Box 6402, Roanoke, Virginia 24017 Mr. and Mrs. Robert A. Pedigo, 3114 Birchlawn Avenue, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Daniel D. Thomas, 946 Hershberger Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. William Ore, c/o Anglin Realty, P. O. Box 1482, Roanoke, Virginia 24007 Mr. Randolph M. Bailey, 4803 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 October 19, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk Carolyn H. 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 Edward A. Naif, Attorney, representing Lance A. Copperman, requesting that a tract of land located at the northerly terminus of Lanford Street, N. W., described as Official Tax No. 2170139, be rezoned from RS-3, Residential Multi-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/copperman Eric. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Ferguson, Natt, Aheron and Agee, 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018 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 NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COlvlMISSION TO WHOM IT MAY CONCERN: ~.5 The Roanoke City Planning Commission will hold a public hearing on Wednesday, October 4, 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: Kequest from Lance Copperman, represented by Edward A. Natt, Attorney, that a parcel of land identified as O~cial Tax No. 2170139, and located at the nnrthedy terminus of Lanford Street, N.W., containing 1.042 acres, more or less, 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 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, September 19, 1995 and Tuesday, September 2(5, 1995 Please bill: Edward A. Natt, Esquire Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S.W. Suite 1 Roanoke, VA 24018 Please send affidavit of publication to: Department of Planning and Community Development Room 1(52, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 OSTERHOUDT, FERGUSON. NATT, AHERON ~ AGEE October 18, 1995 H~ND-DELIVERED Mary F. Parker, CMC/AAE City Clerk City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 RE: Lance Copperman - Rezoning Dear Mary: Enclosed please find the original Amended Petition to Rezone in the above matter which has now been signed by Lance Copperman. If you have any questions or need anything further, please contact me. With best personal regards, I am, Very truly yours, Edward A. Natt F~/sse Enclosure pc: Lance Copperman (w/enc.) c/o Williamson Road Pancake House 2410 Williamson Road Roanoke, VA 24012 Martha Franklin (w/enc.) Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING RE6~sT O~i " Lance Copperman at the terminus of Lanford Street, N.W., Tax No. ) 2170139, from RS-3 to C-2, conditional. )AFFIDAVIT COMMO~EALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to 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 15.1-431, 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 25th day of September, 1995, notices of a public hearing to be held on the 4th day of October, 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 Occur)ant Address 2170102 2170158 2170127 2170126 2170125 Elbert H. Waldron Aujla Enterprises, Inc. Elsie W. Nester Leonard E. Nester Zelma T. Carter Robert A. Pedigo Alice A. Pedigo P. O. Box 20069 Roanoke, VA 24018 5752 Club Lane Roanoke, VA 24018 3104 Birchlawn Avenue, NW Roanoke, VA 24012 P. O. Box 6402 Roanoke, VA 24017 3114 Birchlawn Avenue, NW Roanoke, VA 24012 2170103 2170142 2170128 Daniel D. Thomas Cheryl B. Thomas William and Rebecca Ore c/o Anglin Realty Randolph M. Bailey Martha Pace Franklin 946 Hershberger Road, NW Roanoke, VA 24012 P. O. Box 1482 Roanoke, VA 24007 4803 Williamson Road, NW Roanoke, VA 24012 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of Sept,95 Notar~ Pu~olic My Commission Expires: ~ ~./,/~7 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 September 14, 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: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Neff, Attorney, representing Lance A. Copperman, requesting that a tract of land located at the northerly terminus of Lanford Street, N. W., described as Official Tax No. 2170139, be rezoned from RS-3, Residential Multi-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/copperman Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Ostarfloudt, Ferguson, Natt, Aheron and Agee, 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018 John R. Marries, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Doreey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney ~ETITION TO REZONE IN T~R COUNCIL OF THE CITY OF ROANOKE, VIRGINIA CN RE: Rezoning of a tract of land lying in the City of Roanoke containing a total of 1.042 acres, more or less, identified as tax map parcel 2170139, according to the tax maps of the City of Roanoke from Zoning District RS-3, Residential, Multi-Family, to Zoning District C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYORAND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner Lance Copperman, Roanoke containing 1.042 acres, more northerly terminus of Lanford Street, owns land in the City of or less, located at the NW, known as official Tax Map No. 2170139. said Residential, Multi-Family. is attached as Exhibit A. parcel is currently zoned RS-3, A map of the property to be rezoned Pursuant to Section 36.1-690, Code of the city of Roanoke (1979), as amended, the Petitioners request that the said property be rezoned from RS-3, Residential, Multi-Family to C-2, General Commercial District, subject to certain conditions set forth below, for the location of 16 hotel units on the property. 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 develop a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area. The operation of hotel units at such location would promote the highest and best use of the property. The Petitioner hereby proffers and agrees that if the said rx &/o. ZI7O/03 '" --'-- ~¢~. (~d¢' Pt~oPE. t~TY OF WAI..PNOM · HO/vlEE', T×. ~Jo. £1'70/,3'9 Ol~. t~40 PG ilUc. PARC E L 77.9.5 ' ('~ - 5) 30° 25' ~/ ZS(~. 2~' 'TOTAL 143. 29' P. ARCE L 'C '.--~- AC. AC. Pt~OPE~TY OF ,¢OBE.,~T p_cD/GO TX. &Jo. Zl701~5 ~ I1~/, ~ /~5i ~ ~.~o. ~ ~170 IZ~ Mo. 217012~ 5TREET T E D MAINTENANCE AC-~ R EE t,.4 EM T 15'~% ~=,~. 55l o~.T~n ,..,,,.., ,.. ,~o. LEGAL DESCRIPTION BEGINNING at a point on the northerly line of the property of Elsie White Nester and Leonard E. Nester (tax map 2170127), said point being at the southwest corner of Lanford Street, NW (40' right of way); thence, N. 27° 29' 00" W. 35' to a point; thence, N. 62° 31' 00" W. 36.79' to a point on the easterly line of the property owned by Lance A. Copperman (tax map 2170143); thence with the same N. 30° 25' 00" W. 225.24' to a point on the southerly line of the property of William E. and Rebecca A. Orr (tax map 2170124); thence with the same N. 58° 12' 00" E. 177.4, to a point on the property of the westerly line of Daniel D. and Cheryl B. Thomas (tax map 21701013); thence, with the same S. 30° 25' 00" E. 269.66' to a point; thence, S. 62° 31' 00" 142.58' to the point and place of BEGINNING. ADJOINING PROPERTY OWNERS Name and Address Elbert H. Waldron P. O. Box 20069 Roanoke, VA 24018 Tax Ma Number 2170102 Gary W. Clark 4453 Rosecrest Road, Roanoke, VA 24018 SW 2170124 Aujla Enterprises, 5754 Club Lane Roanoke, VA 24018 Inc. 2170158 Lance A. Copperman 2578 Brandy Run Drive Salem, VA 24153 2170143 Elsie White Nester Leonard E. Nester 3104 Birchlawn Avenue, NW Roanoke, VA 24012 2170127 Zelma T. Carter P. O. Box 6402 Roanoke, VA 24017 2170126 Robert A. Pedigo Alice A. Pedigo 3114 Birchlawn Avenue, NW Roanoke, VA 24012 2170125 Daniel D. Thomas Cheryl B. Thomas 946 Hershberger Road, NW Roanoke, VA 24012 2170103 z: \~p50 \s ~eph \coppe ~ma. Apo: sse09/1 ~5/95 LAW OFFICES OSTER. HOUDT, FERGUSON, NATT, AHER. ON ~ AGEE. A pP~OFE$$1ONAL COP. PORATION September 13, 1995 HAL'D-DELIVERED Mary F. Parker, CMC/AAE, City Clerk City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 RE: Copperman Petition Dear Ms. Parker: Enclosed please find the original and one copy of a Petition to Rezone relative to the above. By copy of this letter, I am providing John Marlles with a copy of the same. Thank you for your assistance. Very truly yours, Edward A. Natt EAN/sse Enclosure pc: John R. Marlles (w/enc.) Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Lance Copperman (w/enc.) c/o Williamson Road Pancake House 2410 Williamson Road Roanoke, VA 24012 Pat Miley (w/enc.) Balzer & Associates 1208 Corporate Circle Roanoke, Virginia 24018 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 q536 Telephone: (540) 981-2541 Fax: (540) 224-3145 November 30, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron and Agee 1919 Electric Road, S. W. Suite One Roanoke, Virginia 24018 Dear Mr. Naif: I am enclosing copy of Ordinance No. 32751-112795 rezoning a tract of land located on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive, containing a total of 2.723 acres, more or less, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners contained in the third amended petition filed in the City Clerk's Office on October 17, 1995, including the site plan prepared by Balzer & Associates dated August 16, 1995, copy of which was referenced in said third amended petition, subject to any changes required by the City during site plan review', and subject to the proffered site plan prepared by Balzer & Associates dated August 16, 1995, revised on November 14, 1995, and November 21, 1995, filed in the City Clerk's Office on November 21, 1995, and subject to any changes required by the City dudng site plan review. Ordinance No. 32751-112795 was adopted by the Council of the City of Roanoke on first reading on Monday, November 13, 1995, also adopted by the Council on second reading on Monday, November 27, 1995, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Er'lc. · Eclw;,rd A. Natt November 30, 1995 Page .2 pc: Lacy W. Carter, President, Greater Deyerle Neighborhood Association, 3562 Mudlick Road, S. W., Roanoke, Virginia 24018 Ms. Mary Pickett, 3804 Brandon Avenue, S. W., Apartment No. 248, Roanoke, Virginia 24018 Ms. Clare White, 3804 Brandon Avenue, S. W., Apartment No. 256, Roanoke, Virginia 24018 Ms. Lucy R. Ellett, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Jerry Marlowe, 4536 Royal Oak Drive, S. W., Roanoke, Virginia 24018 Mr. H. Landon Carder, 2306 Carter Road, S. W., Roanoke, Virginia 24015 Mr. William B. Miller, 2334 Maiden Lane, S. W., Roanoke, Virginia 24018 James A. Lambie, President, Resident Council, Brandon Oaks, 3804 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Ben Richardson, 102 Serpentine Road, S. W., Roanoke, Virginia 24014 Joe Bandy and Son, 3780 Aerial Way Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Forest Hodge, 214 Stonebridge Drive, Blue Ridge, Virginia 24064 Mr. W. H. Jolly and Mr. G. O. Clemens, Trustees, c/o Ms. Lucy Ellett and Mr. T. H. Kemper, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 Lcc Hy Manor EIderly,a~oartrnents, 4139 Brandon Avenue, S. W., Roanoke, Virginia 24018 TEG Corporation, c/o Gurtner Graphics, P. O. Box 4669, Roanoke, Virginia 24015 Mr. William H. Lester and Mr. Douglas S. Spadaro, Lester/Spadaro Investments, 3807 Brandon Avenue, S. W., Suite No. 2450, Roanoke, Virginia 24018 John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission IN THE COUNCIL OF THE CITY OF ROANOKE, The 27th day of November, 1995. No. 32751-112795. VIRGINIA, AN ORDINANCE to amend ~36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 520, Sectional /1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, CSW Associates, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from C-l, Office District to C-2, General Commercial subject to certain conditions proffered by the applicant; Commission, which after giving required by S36.1-693, Code of amended, and after conducting a has made its recommendation to District, and WHEREAS, the City Planning proper notice to'all concerned as the City of Roanoke (1979), as public hearing on the matter, Council; and WHEREAS, a public hearing was held by City Council on said application at its meeting on November 13, 1995, after due and timely notice thereof as required by ~36.1-693, Code of the Clty 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. 520 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 2.723-acre parcel of land located on the northerly side of Lee Highway, Route 419 west of its intersection with Aerial Way Drive, and designated on Sheet No. 228 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be, and is hereby rezoned from C-1, Office District, to C-2 General Commercial District, subject to the proffers contained in the Third Amended Petition filed in the Office of the City Clerk on October 17, 1995, including the site plan prepared by Balzer & Associates dated August 16, 1995, a copy of which was referenced in said Third Amended Petition, subject to any changes required by the City during site plan review, and subject to the proffered site plan prepared by Balzer & Associates dated August 16, 1995, revised November 14 and November 21, 1995, filed in the Office of the City Clerk on November 21, 1995, subject to any changes required by the City during site plan review, and that Sheet No. 520 of the Zone Map be changed in this respect. ATTEST: City Clerk. Office of the City Manager November 22, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Request fi'om CSW Associates, William H. Lester, Brownie Lester and Douglas S. Spadaro, Petitioners, represented by Edward A. Natt, attorney, that property located on the north side of Brandon Avenue and west of the intersection with Aerial Way Drive, S.W., and identified as Official Tax No. 5200107 and a portion of 5200119, be rezoned fi.om C-I, Office District to C-2, General Commercial District, such rezoning to be subject to certain conditions proffered by the petitioner. At City Council's public hearing on November 13, 1995, the petitioners agreed to include an additional proffer providing for the construction of a sidewalk connecting the site of the subject rezoning with the Lee-Hy Manor apartments. An amended proffered site plan, prepared by Balzer and Associates, dated August 16, 1995, revised November 14, 1995, and November 21, 1995, was filed in the City Clerk's office on November 21, 1995. Please call me or John Marlles, Chief of Planning and Community Development (981-2356) if you have any questions regarding this matter. Sincerely, W. Robert Herbert City Manager WRH:JRM:mpf cc: City Attorney Director of Finance City Clerk Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke. Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138 NN~ p E~l DE.~JAbK. FAX: 703/772-8050 501 Branchway Road Suite 100 Richmond, Virginia 23236 Phone: 804/794-0571 FAX: 804/794-2635 11038 Lake[idge Parkway Suite 1 Ashland, Virginia 23005 Phone: 804/550-2888 FAX: 804/550-2057 n I- > ° DRAWN BY DESIGNED BY CHECKED BY DATE AL~L~-[ 1G~lqq~ REVISIONS ~ NOV. 21~lqq~ SCALE A,~ SHEET NO JOB NO q50'/O 2502 BrandonAve. Roanoke, VA24015 November 8, 1995 Mayor David Bowers & Members of Roanoke City Council 215 Church Ave. Room 456 - City Clerk File #51 Roanoke, VA 24011 MAYOR'S O~ , Dear Mayor Bowers & Members of Council: I am a resident of Brandon Avenue and Roanoke City businessman. I am requesting your careful consideration of the proposal made by CSW Associates, to rezone a parcel of land on Brandon Avenue, in order to build a convenience store. It would be a great service to the surrounding residents, to be able to pick up essential grocery items and fill our cars with gasoline, on the way home from work. Furthermore, the addition of this business will result in positive changes for us all: The abandoned field which currently exists at this location is unsightly. The proposed convenience store will have a significant impact on increasing the area's appeal to passers-by. The current parcel of land is of no use to anyone. A convenience store would create secure tax revenues for the city. As there seems to be rapid turnover and stagnation with many small businesses that come to Brandon Avenue, it is in our best interest to provide opportunity to those businesses which have a reliable market. Finally, as I have been made familiar with the plans for the proposed building, I have concluded that the appearance of the building will not be a stereotype of most convenience stores. Instead, it will be an attractive resemblance of a residence, and will help attract other [proven] business prospects to Brandon Avenue. I am confident that you will agree that this store will be a big step toward the betterment of Brandon Avenue. Sincerely, DELTA DENTAL Delta Dental Plan of Virginia November 13, 1995 3807 Brandon Ave., S.W. Suite 360 Roanoke, VA 24018 1495 Telephone: 703 989..8000 800 572 3044 (VA) Facsimile: 703 77fi-8106 Members of City Council and the Honorable David Bowers, Mayor: I am writing you today in support of the rezoning brought before the council this day by CSW Associates, the Lesters and Dr. Douglas Spadaro. Our organization has direct association with CSW and Mr. Lester through occupation of the office building he manages and CSW owns. Since we know directly of the quality of services that they perform, our organization has no problem supporting this rezoning matter. We believe the project will be a productive, viable addition to this area and will provide badly needed services for all area residents. I would like to thank council for their attention to this matter. Sincerely, DELTA DENTAL PLAN OF VIRGINIA George A. Levicki, D.D.S. President GAL/cs SAWYER PROPERTIES, INC 3807 Brandon Ave, Suite 2490 Roanoke, VirgL, fia 24018 Tel: (540) 776-9320 Fax: (540) 776-9329 November 13, 1995 Members of City Council & The Honorable David Bowers, Mayor Dear Sirs: I am writing you today in support of the rezoning brought before the council this day by CSW Associates, the Lesters and Dr. Douglas Spadaro. Our organization h~s direct association with CSW and Mr. Lester through occupation of the office building he manages and CSW owns. Since we know directly of the q, mlity of services that they perform, our organization has no problem supporting this rezoning matter. We believe the project will be a productive, viable addition to this area and will provide badly needed services for all area residents. I would like to thank council for their attention to this matter. ncerely, ek Carter POST OFFICE BOX 4394t ROANO]~, VIRGINIA 24015 Gail G. Godsey November 13, 1995 The Honorable David Bowers Members of City Council RE: Rezoning request by CSW Associates, the Lesters and Dr. Douglas Spadaro As an occupant of the office building owned by CSW Associates and managed by Bill Lester I have first hand knowledge of the quality of service provided by their organization. Their proposed project will be a viable, beneficial addition to the area. For that reason, I have no reservations about supporting the request for rezoning of the area. Sincerely, Gall G.Godsey Regional Distributor Safeguard Business Systems · P.O. Box4410 · Roanoke, VA 24015 (703) 774-1794 · FAX (703) 774-3641 Office (703) 989-4774 Petroleum Solutions, Inc. 3807 Brandon Avenue, S.W. Suite 245 Roanoke, Virginia 24018 Fax: (703) 989-3268 The Honorable David Bowers, and Members of City Council City of Roanoke 215 Church Avenue Roanoke, Virginia 24011 Mayor November 13, 1995 Dear Mr. Mayor and Council: I am writing you today in support of the rezoning brought before the council this day by CSW Associates, the Lesters and Dr. Douglas Spadaro. Our organization has direct association with CSW and Mr. Lester through our occupation of the office building owned by CSW and managed by Mr. Lester. Since we know of the quality of the services they perform and their responsible stewardship of the real assets they control, we have no trepidation in supporting this rezoning matter. We believe the project will be a productive, viable addition to this area and will provide badly needed services for all area residents. I would like to thank the council for their attention to this matter. Sincerel~,~,.~/ Vice President 3807 BRANDON AVENUE, SUITE 2010 ( P.O. BOX 20139) · ROANOKE, VIRGINIA ;24018 · (709) 989 ~ 0024, FAX (703) 989 - 7489 November 13, 1995 Members of City Council and the Honorable David Bowers, Mayor: I am writing you today in support of the rezoning brought before the council this day by CSW Associates, the Lesters and Dr. Douglas Spadaro. Our organization has direct association with CSW and Mr. Lester through occupation of the office building he manages and CSW owns. Since we know directly of the quality of services that they perform, our organization has no problem supporting this rezoning matter. We believe the project will be a productive, viable addition to this area and will provide badly needed services for all area residents. I would like to thank council for their attention to this matter. Very truly yours, _MIKE GLASSNER, INC. Jerry B. McBride President JBM/rwf 51eIM~o~'s of ~' tl,y ('oullc] } ~tnd the }toHoI'abJe Daxid Bo~ers, Mayop ~ am wl'l t Irl~ you today in .~upporL of the t'ezonJ rig brought before t, he COllrlCiJ t:h~s da~ by CS~ Associates, the lest:o~-s and Dr, l)ot~las %padaro. J have direct assoc~at, ion with Mr. Lestep lhr'o~tgh c)(cupat]on ol' a house t;haL he o~,ns al the afore met~tJoned adctt'ess. Since I know directly of the quality of services t. hat he bt~] ]ov~= l}'t~e Dro,JeCl w2 1.1 be a puodt~ciive, viabJe add:itio~) to this at'ca at~d w i ~J f>l'OV ldt~ had ] > tleecJed sepv 2 ces Fop a ] t az'ea t'esJci<nts. 1 ~*~ouid ] ire to thank the council fop their at;[enCion 1o this mat f~l'. /Iga t:e BrLer NOVEMBER 13, 1995 MARY F. PARKER, CMC/AAE CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 CHURCH AVENUE, SW, ROOM 456 ROANOKE, VA 24011 DEAR MS. PARKER: I AM WRITING TO ADVISE THE BOARD THAT TEG CORP. SUPPORTS THE REZONING OF A TRACT OF LAND LOCATED ON THE NORTHERLY SIDE OF LEE HIGHWAY WEST OF ITS INTERSECTION WITH AERIAL WAY DRIVE, OFFICIAL TAX #5200107 AND A PORTION OF TAX #5200119 FROM C1 OFFICE DISTRICT TO C2 GENERAL COMMERCIAL DISTRICT. I ALSO LIVE IN THE GREATER DEYERLE NEIGHBORHOOD AT 2111 LEE HI ROAD AND I SUPPORT THE TYPE OF RETAIL ESTABLISHMENT PLANNED FOR THIS PROPERTY. SINCERELY, PRESIDENT TEG CORP. WKB/rba P.O. Box4669, Roanoke, V~ginia 24015-0669 · 2033 Cook D~ve, Salem, Virginia24153 (703) 772-7835 · FAX(703) 772-7792 Members of City Council and the HonorabJe David A, Bowers, Mayor: We,' the undersigned res [den'ts of Stratford Park Apartments support the efforts of CSW Associates, Mr. & Mrs, Les%er and DoUglas Spadaro to rezone the pm. reel. at the corner of Aerial Way Drive and 1,ee Highway from C-I to C-2. These parcel~ are described by Of f lc]al Tax Numbers 52000119 and ~200107~ respectively. Since we Live wi%bin the community directly adjacent i;o llle ]~rol)osed s ~ [~e we hope that you will give wishes proper consideration. Thank you for your consideration~to %his matter. Members of City Council and the Itonorab]e David A, Bowers, Mayor: We,' the undersigned res[dents of Stratford 'Park Apartments, support the efforts of CSW Associates, Mr. & Mrs, Lester and Dr, DoUglas Spadaro to rezone the parcel, at the corner of Aerial Way Drive and l,ee Highway from C-1 to C-2. These parcel~ are descrJ bed by Ofl'icJal Tax Numbers 52000119 and 5200107~ respectively. Since we live wi[hln the community directly adjacent to the prot,osed site we wishe.~ proper consideration. Thank this matter. hope that you will give our you for your consideration~to Members of (Jity Cotu~cil and the Honorable David A. Bowers, Mayor: We,' the under'signed res[dents of Stratford 'Park Apartments, support the efforts of CSW Associ. ates, Mr. & Mrs~ tester and Dr, DoUglas Spadaro to rezone the parcel at the ~orner of Aerial Way Drive and 1,ee Highway from C-1 to C-2. These parcel~ are described [)y Official Tax Numbers 52000119 and 5200107~ respectively. Since we live within the community directly adjacent to the proposed si];e we hope ~;hat you will give DU~ wishes pt'oper considerations. 'Fha~k you for your constderation~to this matter. ~lembers of City Council and the l{onorabJe David A. Bowers, Hayor: We,' the undersigned res[denl~s of Stratford 'Park Apartments, support the efforts of CSW Associates, ~lr. & Mrs, Lester and Dr, DoUglas Spadaro to rezone the psrce[ at the corner of Aerial Way Drive and l,ee Hi gh~ay from C-1 to C-2. These parcel~ are described by Official Tax Numbers 52000119 and 6200107~ respectively. Since we live within the community directly adjacent to the proposed site we hope I;hat you will give our wishes proper consideration. Thank you for your consideratton~to {~his ~at ter. Hembers of C:~I~:,' CotmcJl and I~lm llo~orab.le David A. Bowers, MaTor~ We,' the .ndersigned resLdents oC SLraSford 'Park Apar~menks, supporL L]ie efforbs of CSW As~ociakem, Hr. · Mrs. Lesker and Drive al~d I,e(~ Ilighway I'l'om C-] Lo C-2, These parcel8 are described by OCficJal Tax N~lml)ers 52000] 19 and 52001071 ).'espec tivelT. Sl~ce we live wlthi, khe commUni ~7 direo~l~ mdjace, nk t;o the l,.roposed s il;e we hope I;hat you will give wishes propel' ~onm}.dera~ion. ']'hm{~k you for your I,his mat I;e r. Members of City Co~l~ci]. a~d I;he Honorable David A0 Bowers, Mayor: We,' I. be t~ndersigned res[denies o[' Stratford Park ApartmenSs, suppo~-~ ~;he efforts of CSW Associates, Mr. & Mrs~ Les5er and Dr~ Douglas Spadaro I;o rezone the parcel al the corner of Aerial Way Drive and Lee Highway from C-1 to C-2. These parcels are. described by Official Tax Numbers 52000L19 and 6200107 ~ ~ ~egpec5ively. Since we Live wi5hi~ the communigy directly ~ adjacent i;o the proposed site we hope that you will give our wishe~ proper consi,~er~tiou. Thank you for your considerationito this matter. Members ef CJ I;y Cou~cJi arid the ItonorabJe Davld A. Bowers, Mayor: We,' the undersigned res[denl, s of' Stratford Park Apartmen%s, suppo~'t the efforts oJ' CSW Associates, Mr. & Mrs~ Lester and Dr~ DoUglas Spadaro to rezone the parcel at the ~orner of Aerial Way Drive and l,ee iii ghway from C-I to 0-2. These parcel~ are described by Off ici al Tax Numbers 520001 19 and B200107~ respectively. Since we live within the community dlrec~ly ad3acent to the proposed siLe we hope that you will give our wishes proper consJ, deratiou. Thal~k you for your consideratton~to this matter. Hembe~?s of City Council and the Honorable David A, Bowers, Mayor: We~' the undersigned res[dents of' Stratford 'Park Apartments, suppo]r[ the efforts of CSW Associates, Hr. & Mrs, Lester and Dr, DoUglas Spadaro to rezene the pa. roe[. at the ~orner of Aerial Drive and l,ee [1] ghway from C-1 to C-2. These described by Official Tax Numbers respectively. Since we live wi~hln adJac,.,t l;o tile prol>osed site we hope wishes proper consideration. Thallk you parcel~ are 52000119 and 6200107, the community direc%ly Lhat you will give our for your consideratlon~o i Roanoke City Council 215 Church Avenue Roanoke, VA 24011 4536 Royal Oak Dr. Roanoke, VA 24018 November 5, 1995 Dear IX{embers of Council: We have been notified by Mary Parker that you will be considering a proposal to rezone a parcel of land on Brandon Avenue so as to allow the construction ora combination convenience store and ga:3 station. Furthermore, we understand that some of the residents of Greater Deyerle have expressed opposition to this proposal. We wish to convey to you our approval of the convenience store/gas station project. When faced with the current alternative of an overgrown, weed infested disgrace or another concrete monolith office building, we believe that a convenience store would be the most attractive option. Additionally, it would provide a much needed shopping addition to our neighborhood. As you know, a convenience store at the comer of Mudlick and Brandon was recently closed. This project would fill in the void left by the closing of this store. Finally, at a recent homeowners meeting, the petitioners were kind enough to attend and to show us the plans for the project which, we understand, they have guaranteed to the Planning Commission. The facility that they have designed is exceptionally attractive and reminds us more of a residence rather than a place of business. More importantly, this facility would be, by far, the most attractive facility on Brandon Avenue which currently hosts two hot dog stands, a used-car lot, an abandoned Chinese restaurant, and a new sporting goods shop which appears to be more of a warehouse than a store. We believe that this facility would signal a new and higher standard for Brandon Avenue. As residents of Greater Deyerle, we request that you approve the project. Sincere]y, Jerry and Sherry Marlowe B B II I B B B I I B B I B B B I B B I I I B B II B I B B B i i 230B CARTER ROAD ROANOKE, VA :~40 I 5 NOVEMBER 6, 1995 MAYOR DAVID BOWERS & MEMBERS OF CITY COUNCIL C/O MARY F. PARKER OFFICE OF THE CITY CLERK ~ I 5 CHURCH AVENUE ROOM 456 ROANOKE, VA 2401 I DEAR MAYOR BOWERS ~ MEMBERS OF COUNCIL: AS A RESIDENT OF RALEIGH COURT I WAS INTERESTED TO LEARN OF THE PROPOSAL TO BUILD A CONVENIENCE STORE AT THE INTERSECTION OF AERIAL WAY AND BRANDON AVENUE. ALTHOUGH YOUR STAFF CHOSE NOT TO SOLICIT INPUT FROM THE RALEIGH COURT NEIGHBORHOOD, I WANT YOU TO KNOW THAT WE BELIEVE THIS PRO~IEOT SHOULD BE APPROVED FOR SEVERAL REASONS. FIRST, WE NEED ANOTHER PLACE TO PICK UP INCIDENTALS SUCH AS MILK, BREAD, ETC. THIS IS ESPECIALLY THE CASE WITH THE RECENT CLOSING OF A STORE ON BRANDON. BECOND, THIS WOULD BE A CONVENIENT PLACE TO PURCHASE GAS ON THE WAY TO WORK FOR MANY OF US IN THIS NEIGHBORHOOD. THIRD, THE LAND AS IT NOW STANDS IS AN EYESORE. I BELIEVE THAT AN A]-FRACTIVE STORE WOULD BE MUCH MORE APPROPRIATE THAN AN ABANDONED FIELD. FINALLY, AS A TAXPAYER, I THINK THAT A CONVENIENCE STORE WOULD GENERATE REVENUE FOR THE CiTY AND HOPEFULLY KEEP MY TAX BILLS FROM ESCALATING EVEN FURTHER. I HoPe THAT YOU WILL CONSIDER THESE POINTS IN YOUR DELIBERATIONS. SINCERELY, H. LANDON CARDER November 6, 1995 MILLER/COOK ASS INC.. Mayor and Members of Roanoke City Council 215 Church Avenue Room 456 - City Clerk File #51 Roanoke, VA 24011 Members of City Council: I want to speak out in favor of the request by CSW Associates, et. al., to change a parcel of land from C1 to C2 along Brandon Avenue. It is my understanding that if this request is accommodated, a convenience store will be built at the site. First of all, I believe that time has proven that with the current C1 zoning on this parcel of land nothing of any value to the City will be built. That area of Brandon will continue to have derelict tracts of land on both sides of the street costing all of us both embarrassment and potential tax revenues. It seems to me that vacant land in a prime area of a city indicates either a less-than-thriving economy or a stranglehold on development. As a Roanoke City businessman and member of the Chamber of Commerce, I can attest to the fact that Roanoke's economy is more than thriving. I am therefore forced to conclude that the current zoning is inappropriate to the location. I, along with other members of the business community, would like to see a pro-growth environment engendered throughout the City. Secondly, as a nearby resident, I know that CSW has been a good neighbor to us for many years. Their apartment complex along Brandon Avenue is well-mn and attractive. I have no reason to believe that they would build and operate anything but a first-class store at this location. Common sense would indicate that they would not intentionally devalue their own property which is next door to the proposed site. Than}: you for your consideration. I am, Sincerely, William B. Miller, President Residence: 2334 Maiden Lane Admissions and Enrollment Management In Higher Education PO Box 20892 °2° Roanoke, VA 24018-0090 3801 Stratford Park Drive Apt. 8 Roanoke, VA 24018 November 8, 1995 Roanoke City Council c/o Mary F. Parker - City Clerk 215 Church Avenue Room 456 Roanoke, VA 24011 Dear Members of Council: As a resident of Stratford Park I want to indicate to you our support of a proposal to build a convenience store adjacent to our property at the intersection of Brandon Avenue and Aerial Way Drive. Due to the fact that there are a large number of senior citizens who reside in Stratford Park, we feel that a nearby convenience store would permit our residents to walk to get essential items rather than having to drive to the next closest store. Please consider us in your decision. Sincerely, Barbara Sowers Roanoke City Planning Commission November 13, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of City Council: Subject: Request from CSW Associate, William H. Lester, Brownie Lester and Douglas S. Spadaro, Petitioners, represented by Edward A. Natt, Attorney, that property located on the north side of Brandon Avenue and west of the intersection with Aerial Way Drive, S.W., and identified as Official Tax Number 5200107 and a portion of 5200119, be rezoned from C-l, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. I. ~ is as follows: Purpose of the orieinal rezoning request was to allow the construction of two buildings on the site, one housing a restaurant, convenience store and gas station with 12 fueling stations (i.e., capable of servicing 12 vehicles simultaneously) and the other housing an oil-change facility. The conditions proffered as part of the original rezoning reauest were as follows: That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated June 14, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review"; and "The property will be used as a convenience store/service station/restaurant." Plannin~ staff recommended denial of the original rezoning request, based on the following reasons: Room 162 Municipal Building 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2344 Members of Council Page 2 November 13, 1995 (a) C-2 zoning would extend existing strip commercial development into an area of Brandon Avenue currently established for office, residential and institutional uses; C-2 zoning is too intensive for an area designated in the comprehensive plan for future neighborhood center use; (c) rezoning would set a precedent and create pressure for additional C- 2 zoning west on Brandon Avenue which, in turn, could increase traffic and reduce the efficiency of the Peters Creek Road Extension; and (d) less intensive development along this part of Brandon Avenue is consistent with current zoning and is supported by recommendations contained in the Comprehensive Plan and the Greater Deyerle Neighborhood Plan. Planning Commission nublic hearing was held July 5, 1995. Mr. Edward Natt, attorney for the petitioners, discussed the proposed development and stated that use of the site for offices was not reasonable, based on his estimate of office space vacancy rates in the surrounding area and the fact that the site had been zoned for office use, but had remained undeveloped for at least 10 years. The proposed use would constitute the highest and best use of the property, Mr. Natt said. He stated that while the facility would produce more vehicle trips per day than a C-1 use, increased traffic would not be an issue because it would draw from traffic already in the area. Mr. Natt stated that the proposed facility could provide services to neighborhood residents and the hours of operation would be 6 a.m. to 12 midnight. Ms. Lacy Carter, president of the Greater Deyerle Neighborhood Association, asked the Planning Commission to deny the rezoning request. She eked the earlier work between the neighborhood and City to minimize impacts of the Peters Creek Road Extension project and said the petitioner had not scheduled a meeting with the neighborhood. Objections to the rezoning were also expressed by adjoining property owner Lucy Ellett by way ora letter, dated June 30, 1995, addressed to the Planning Commission (attached). The Plannim, Commission voted 5 to 1 to recommend denial of the original rezoning request, finding that it would serve to extend existing strip Members of Council Page 3 November 13, 1995 development into an area of Brandon Avenue established for office, residential and institutional uses, that it would set a precedent for more intensive land uses which would reduce the efficiency of the Peters Creek Road Extension and that the existing, less-intensive zoning is supported by the City's Comprehensive Plan and the Greater Deyerle Neighborhood Plan. Roanoke City_ Council. on A~n,st 28. 1995. auuroved a request from uetition?r,q that the rezonin~ petition be sent back to the Pluming Commission for further consideration at its September 6, 1995, meeting. II. Current situation is as follows: A. Amended reouest to rezone, was filed on August 16, 1995. Puroose of the amended reeuest was to allow construction of a convenience store, gas station and restaurant on the site. The revised "conceptual site plan" was significantly different from the original of June 14, 1995, in that the oil-change facility was omitted and the remaining facility housing the convenience store, restaurant and gas station with 12 refueling stations was redesigned with the gas islands to the rear of the site, behind the store and restaurant. A rendering which accompanied the site plan, but which was not proffered, showed a rustically designed structure with wood siding and porches. The conditions proffered as hart of the amended rezonine request were as follows: "That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review"; and "The property will be used as a convenience store/service station/restaurant." Second Planning Commission nublic hearine was held SeDtember 6, 1995. IVh'. Edward Natt, attorney for the petitioners, summarized the sequence of events which has taken place up to the meeting, explained that the oil-change facility had been eliminated from the proposal and stated that the development had been reoriented on the site away from the roadway and the structure had been redesigned with a country-store look. /va-. Natt stated the changes had been made so that the Members of Council Page 4 November 13, 1995 development would better fit into the neighborhood. He said that there would be considerably less lot coverage with the proposed development than with what the current C-1 zoning would permit and that the proposed development would not generate new traffic but draw from traffic already in the area. The discussion which followed between Planning Commission members and Mr. Natt covered several topics, including hours of operation, signage and the wording and enforceability of proffers. Presenting the staff report, Tamasin Roop stated that denial of the rezoning request was still recommended because concerns and issues remained the same: C-2 zoning would extend strip commercial development into an area of Brandon Avenue .established for office, residential and institutional uses; C-2 zoning was too ~ntensive for an area designed in the comprehensive plan for future neighborhood center use; and the rezoning would set a precedent and create pressure for additional C-2 zoning west on Brandon Avenue which, in turn, could increase traffic and reduce the efficiency of the Peters Creek Road Extension. She said that retention of the current zoning was supported by the City's comprehensive plan and the Greater Deyerle Neighborhood Plan. Ms. Lucy Ellett (3752 Brandon Avenue) appeared before the commission and stated that she was concerned that if there rezoning were granted, it would open the door to other zoning changes further up Brandon Avenue. She said it would be a mistake to have a major refueling station at the intersection and that the intersection could become a major gateway into the City. Additional discussion among the Planning Commission, Mr. Natt and staff focused largely on fact that neighborhood residents had not seen the revised development plans. With the concurrence of the petitioners, as required, the Planning Commission voted 6 to 1 to table the matter until the petitioners had had a chance to meet with the neighborhood omanization. The proposed develonment and rezoning were presented to the Greater Deyerh~ Neighborhood Association September 12, 199S, by petitioners' attorney. Approximately 75 residents attended. Mr. Natt, appearing on behalf of the petitioners, summarized the project as it had originally been proposed and described how it had been redesigned. Residents had numerous questions and comments which generally focused on the issues of traffic and safety, drainage and additional commercial development. At the conclusion of discussion, Association President Lacy Carter asked for a show of hands regarding how many of those attending were opposed to or in favor of the Members of Council Page 5 November 13, 1995 requested rezoning and proposed development. A number of those present did not vote. The count, as announced, was 36 persons opposed and 6 in favor. Third Planning Commission nublic hearine was held October 4, 1995. Mr. Edward Natt summarized the meeting with the Greater Deyerle Neighborhood Association and residents' comments. He presented a large zoning map and noted zoning and land uses surrounding the proposed development. He said also that he had been advised .by the planning staffthat Neighborhood Commercial (CN) zoning was not appropriate for the site due to the sale of gasoline. Mr. Natt stated that he would be proffering the concept plan and type of construction and that his client was willing to proffer fueling stations for nine cars, instead of 12 as originally proposed. John Marlles, Chief of Planning and Community Development gave the staff report. He noted that while the petitioner had endeavored to address staff concerns, the underlying issues remained the same and, for those reasons, staffwas still recommending denial of the petition. He questioned whether there was sufficient justification to change the existing zoning from C-1 to C-2 and said that the City's Comprehensive Plan identified the Brandon/Aerial Way intersection as a neighborhood commercial area. Staff did not feel the proposed use was compatible with a major cross-town intersection. During the discussion which followed, the difference between neighborhood and highway convenience stores was discussed and Mr. Natt clarified which proffers were being offered by the petitioners. He said that the petitioners would offer the following conditions: (1) the use would be as a highway convenience store and restaurant; (2) the property would be developed in substantial conformity with the site plan prepared by Balzer and Associates, dated August 16, 1995, and the rendering, dated September 29, 1995, and modified to reflect nine refueling stations; (3) hours of operation would be from 6 a.m. to midnight; (4) the roof structure of the canopy would be in substantial conformity with the roof structure on the remaining facility; and (5) there would be a two-year reversion clause. Mr. Marlles stated that the Planning office received letters of support from Jerry and Sherry Marlow, 4536 Royal Oak Drive, S.W.; H. Landon Carder, 2306 Carter Road, S.W.; and William B. Miller, President of Mill/Cook Associates, 2334 Maiden Lane, S.W.; and letters of opposition from the Greater Deyerle Neighborhood Association and the Resident Council of the Brandon Oaks retirement community. Ms. Lucy Ellett (3752 Brandon Avenue) appeared before the commission and stated her objections to the rezoning of the property. She said she was concerned with the extension of commercial businesses on Brandon Avenue and with traffic Members of Council Page 6 November 13, 1995 related to the Peters C~eek Road Extension. She said the commission's decision could make the difference between an attractive entrance to the neighborhood and one that was not attractive and that the Greater Deyerle Neighborhood Plan had addressed this issue. She asked the commission to deny the rezoning request. Ms. Mary Pickett (Brandon Oaks) appeared before the commission and stated her opposition to the petition. She said that she believed the proposed use was inappropriate and would extend strip commercial zoning. She stated that she did not feel a convenience store or restaurant was needed and asked the Planning Commission to deny the request. Ms. Clare White (Brandon Oaks) appeared before the commission and spoke about the lack of proper planning. She said that practically eve~ entranceway to the City was an eyesore which could have been avoided with better planning. She discussed the existing commercial zoning in the area and stated that she did not want the proposed use in her area. On a roll call vote of 4 to 2, the Planning Commission recommended approval of the rezoning request. E. Third amended petition was filed on October 17, 1995. The following conditions were proffered: That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, a copy of which is attached to the Petition for Rezoning as ExhibitB, subject to any changes required by the City during site plan review and further limited to nine fueling stations. That the structures constructed on the property will be constructed in substantial conformity with the rendering prepared by Balzer a& Associates dated September 27, 1995, a copy of which was submitted to the Planning Commission at its regular meeting held on October 4, 1995, subject to any changes required by the City during site plan review. That the walkway from the principal structure to the gas pumps and the canopy over the gas pumps will have pitched roofs in substantial conformity with the roof structures as shown on the rendering for the remainder of the facility. That the property will be used as a highway convenience store with restaurant with fueling stations for nine vehicles. Members of Council Page 7 November 13, 1995 That the hours of operation will not be longer than from 6:00 a.m. to 12:00 midnight. Should the property not be developed within two years from the date of rezoning by the City Council, the zoning on the property will revert to Zoning District C-1, Office District. III. Issues relevant to the amended rezonin~ reauest are as follows: Roanoke Vision, the City's comprehensive plan, identifies the site for which rezoning is being sought as being within a future "neighborhood center". The neighborhood center designation includes the adjacent undeveloped, 80-acre tract, currently in agricultural use, and identifies it as "potential new residential development". "Neighborhood Centers" are defined in the comprehensive plan as "possible sites for development of new or improved commercial service centers for neighborhoods. These centers can provide needed local retail or office space, such as small supermarkets or drag stores, space for clinics, job training centers, or other human services, or even sites for mixed use residential/commercial development." Traffic. The City Traffic Engineer projected that the development would produce approximately 2,000 vehicle-trips per day, of which about one-half would be newly generated trips and one-half would be "pass-by" trips. The original site plan was submitted to the Virginia Department of Transportation for comment on June 15, 1995. VDOT forwarded comments to the City Traffic Engineers as follows: "The conceptual plan appears to [be] adaptable to our proposed widening of Brandon Avenue. I question the need for two 50-foot entrances along the frontage but other than that the offsets for the entrances seem to be in order. We may have to make several adjustments to the drainage design if this property is actually developed as shown." (2. Drainage and storm water management would be designed to meet City code requirements. Engineering staff has advised that further evaluation of storm water management is needed to determine if the planned VDOT storm water management system can adequately convey runoff from the proposed development or if additional provisions for on- site dctention or off-site system improvements will be necessary. Drainage and storm water management would be addressed as part of the comprehensive development review process. Zoning of the subject property is C-l, Office District. Surrounding zoning includes Light Manufacturing and Residential Multifamily (RM-2) to the north; Residential Members of Council Page 8 November 13, 1995 Agriculture to the south; General Commercial District (C- 2) to the east; and, to the west, Office District (C-l) and Residential Multifamily (RM-2). Land uses surrounding the currently undeveloped subject property include: light manufacturing (especially warehousing, distribution and office operations) to the north in the Blue Kidge Industrial Park; agriculture directly to the south on an 80-acre, undeveloped tract; strip commercial development to the east on Brandon Avenue; and to the west along Brandon Avenue a mixture of office and multi-family residential uses, including the Brandon Oaks retirement community. Neiohborhood organization is the Greater Deyerle Neighborhood Association. Adopted by the City in 1990 and incorporated into the Comprehensive Plan, the Greater Deverle Neighborhood Pl0,n, contains recommendations to mitigate the impacts of traffic from the Peters Creek Road Extension on the neighborhood. The plan: Identifies additional commercial development on Brandon Avenue as "a concern, especially with regard to traffic congestion and potential negative effects on adjacent residential areas"; States that the "impact of Peters Creek Road Extension on the neighborhood should be minimized"; Recommends that new development along the perimeter of the neighborhood in areas zoned for commercial development be well designed and compatible with adjoining residential areas; and Recommends that the commercial corridor on Brandon Avenue be improved through design guidelines, better signage and landscaping. The City's comprehensive nlan identifies the site for which rezoning is sought as being within a future "neighborhood center" and it identifies the adjacent, undeveloped, 80-acre tract as "potential new residential development". The comprehensive plan recommends that: "...At the junction of Brandon Avenue and the proposed Peters Creek Road Extension, ...the market made possible by the new road should be focused into a concentrated center rather than strip development;" Development of new or existing commercial or industrial areas in the city should be carefully planned and designed to promote quality development and good land use; Members of Council Page 9 November 13, 1995 Strip commercial development, which can increase visual clutter and disrupt traffic flow along major roads and highways, should be discouraged; and Possible changes in land use or new public and private development in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. IV. Alternatives are as follows: A. ~ the rezoning request. "Nei hborhood n r" development recommended in City's comprehensive plan would not take place. Traffic volume at key intersection of new limited- access highway would be increased. The efficiency of trattic flow at Peters Creek Road and Brandon Avenue might be jeopardized. Drainaee and storm water management issues would be evaluated as part of the comprehensive development plan review process. Zoning would become C-2, conditional, allowing for the construction and operation of a highway convenience store and restaurant. 5. Land uso would become retail commercial. 6. Neip, hborhood or~anlzatlon concerns would not be addressed. B. EJl.~2t~Ag~the rezoning request. "Nei hborh od cnter" development, including offices, could take place in the future, consistent with future action strategies found in the City's comprehensive plan. 2. ~ would not be an issue. 3. Drainage and storm water management would not be issues. Zoning would remain C-1 and the proposed use would not be allowed. C-1 zoning provides for less intensive development which is supported by the comprehensive plan. Members of Council Page l 0 November 13, 1995 Land u~ would be limited to uses permitted in C-l, a more conservative level of commercial development. 6. Nei~hborho0d or niz ti n's i would be addressed. 7. Comprehensiv~ Plan would be followed. V. ~ is as follows: The Plannin~ Commission. bv a vote of 4-2 (Mr. Bradshaw and Mrs. Coles voting against the motion. Mr. Hill absent) recommended approv0,1 of this requested rezoning Commission members felt that the proposed development was a significant improvement and would provide a service to traffic which is already passing through the area. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission JRM:TR:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner's Agent THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: RezonSng of a tract of land lying on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive in the City of Roanoke containing a total of 2.723 acres, more or less, identified as tax map parcel 5200107 and a portion of 5200119, according to the tax maps of the City of Roanoke from Zoning District C-l, Office District, to Zoning District C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR ANDMEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, CSW Associate, William H. Lester, Brownie Lester, and Douglas S. Spadaro, own land in the City of Roanoke containing 2.723 acres, more or less, located on the northerly side of Brandon Avenue, west of its intersection with Aerial Way Drive, known as official tax map nos. 5200107 and a portion of 5200119. Said parcels are currently zoned C-l, Office District. 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, property be rezoned Commercial District, the Petitioners request that the said from C-l, Office District to C-2, General subject to certain conditions set forth below, for the purpose of operating a convenience store/service station/restaurant on the property. 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 develop a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area including the fact that said property is located at the terminus of Peters Creek Road extended. The operation of a convenience '- store/service station/restaurant at such intersection would promote the highest and best use of the property. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review and further limtied to nine fueling stations. That the structures constructed on the property will be constructed in substantial conformity with the rendering prepared by Balzer & Associates dated September 27, 1995, a copy of which was submitted to the Planning Commission at its meeting held on October 4, 1995, subject to any changes required by the City during site plan review. That the walkway from the principal structure to the gas pumps and the canopy over the gas pumps will have e pitched roofs in substantial conformity with the roof structures as shown on the rendering for the remainder of the facility. That the property will be used as a highway convenience store with restaurant with fueling stations for nine vehicles. That the hours of operation will not be longer than from 6:00 a.m. to 12:00 midnight. Should the property not be developed within two years from the date of rezoning by the City Council, the zoning on the property will revert to Zoning District C-l, Office District. Attached as Exhibit C are the names, numbers of the owner or owners of all addresses and tax 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 0c%o~,~ , 1995. Respectfully Submitted, Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 11703) 774-1197 VSB ~SW Associates William H. Lester Brownie Lester Douglas S. Spadaro EXHIBIT C Richardson, Ben and Dora 102 Serpentine Road, SW Roanoke, A 24014 Tax Map NumBer 5200113 Joe Bandy and'Son 1801 Murray Road, SW Roanoke, VA 24018 Tax Map Number 5200202 Hodge, Forrest, Jr. and Delores A. c/o Harvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 Tax Map NumBer 5200201 Ellett, Lucy and T. H. Kemper ~3752 Brandon Avenue, SW Roanoke, VA 24018 Tax Map Number 5190101 Lee-Hy Manor - Elderly Apts. 2000 Corporate Ridge - Suite 925 McLean, VA 22102 Tax Map NumBer 5200118 Gurtner Graphics (T E G Corp) P. O. Box 4669 Roanoke, VA 24015 Tax Map Number 5200115 z:\v4350\s~:ep~\spadaro3.Pe~::$se~O/05/95 3752 Brandon Avenue, Roanoke VA 26018 June 30, 1995 Roanoke City Planning Commission Members Municipal Building - Room 162 215 Church Avenue Roanoke, VA 24011 Dear Members of the Roanoke City Plannin~ Commission: Two days ago I received a notice of a request to re-zone property at the intersection of Aerial Way Drive and Brandon Avenue from C-I to C-2. Since that property is located directly across from the property on which my husband and I reside, I was naturally interested in knowing what necessitated the request. When I called the Planning Office, I learned that the re-zoning was needed in order to build a service station, convenience store, and Jiffy Lube at ths. t location. I strongly question whether this type of business is appropriate for that section of Brandon Avenue. From that intersection west you will find several office areas, and just up from the intersection and across the street is situated Brandon Oaks, an attractive retirement community. It would be unfortunate to continue the hodgepodge commercial development which has gIown up along~randon Avenue as it proceeds east from Aerial Way Drive. The construction of the Peters Creek Road Extention and the widening of Brandcn Avenue will result in the removal of all trees which presently line Brandcn Avenue in that area. However with proper landscaping and appropriate commercial development, an opportunity exists for a much more attractive entrance into the city. I urge you to consider the total picture before granting this rezoning request. Your decision could mean the difference between a lovely boulevard into the city's residential areas or a further extention of ugly strip development. Thank you for your consideration of this matter. Sincerely, ECEIVMD SW Illl A N Il %1 %N. I BRANDON OAKS October 3, 1995 Mrs. Caroline H. Coles Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Dear Madam: At the regular monthly meeting of the Brandon Oaks Resident Council held on October 2 the petition before your commission from CSVV Associates, William H. Lester, Brownie Lester and Douglas S. Spadaro was discussed by the assembled group of Residents fifty-five (55) in number. The discussion elicited several reasons the group fe!t the petition should be denied. 1. !t is recognized that the flow of traffic will likely increase a lot as a result of the extension of Peters Creek road to intersect with Brandon Avenue. It is quite likely that locating a stop and go type of business at the intersection will increase the volume of traffic even more. 2. Any increase in traffic volume will have the effect of raising the level of air pollution in the neighborhood. This could be deleterious to the health of the Residents recognizing the age level of the Resident group and that a goodly number of them have respiratory problems. 3. We do not fee! extending "strip zoning" beyond what is now Aerial Way Drive along Brandon Avenue would fit in with the present character of the neighborhood. A show of hands by those present indicated the feelings expressed were shared by all. 3804 Brandon Avenue, SW, Roanoke, Virginia 24018 (703) 776-2600, Fax (703) 776-2620 A subsidiary of Virginia Lutheran Homes, Inc. The Resident Council has appointed two (2) of our group to represent us at your October 4, 1995 meeting. These representatives are Mary Pickett and Clare White. They 'were both present at our meeting and certainly are capable of presenting our view. -. Thank you for your courtesy in allowing us to express our views. Respectfully yours, September 29, 1995 MILLER/COOK ASS INC. Roanoke City Planning Commission 215 Church Avenue Room 162 Roanoke, VA 24011 Members of the Commission: I want: to speak out in favor of the request by CSW Associates, et. al., to change a parcel of land from C1 to C2 along Brandon Avenue. It is my understanding that if this request is accommodated by the Commission, a convenience store will be built at the site. First of all, I believe that time has proven that with the current C1 zoning on this parcel of land nothing of any value to the City will be built. That area of Brandon will continue to have derelict tracts of land on both sides of the street costing all of us both embarrassment and potential tax revenues. It seems to me that vacant land in a prime area of a city indicates either a less-than-thriving economy or a stranglehold on development. As a Roanoke City businessman and member of the Chamber of Commerce, I can attest to the fact that Roanoke's economy is more than thriving. I am therefore forced to conclude that the current zoning is inappropriate to the location. I, along with other members of the business community, would like to see a pm-growth environment engendered throughout the City. Secondly, as a nea/oy resident, I know that CSW has been a good neighbor to us for many years. Their apartment complex along Brandon Avenue is well-run and attractive. I have no reason to believe that they would build and operate anything but a first-class store at this locaficm. Common sense would indicate that they would not intentionally devalue their own properly which is next door to the proposed site. Thank you for your consideration. I am~ Sincerely, William B. Miller, President Residence: 2334 Maiden I sue Admissions and Enrollment Management In Higher Education PO Box 20892 *'e Roanoke, VA 24018-0090 Mrs. Carolyn H. Coles '" Roanoke City Planning Commission Municipal Building Room 162 215 Church Avenue Roanoke, VA 24011 4536 Royal Oak Drive SW Roanoke, VA 24018 September 27, 1995 Dear Mrs. Coles: We understand that the Planning Commission is considering a proposal to rezone a parcel of land on Brandon Avenue so as to allow the construction ora combination convenience store and gas station. Furthermore, We understand that the residents of Greater Deyefle have been asked for their input at a recent homeowners meeting which we were unable to attend. We wish to convey to you our approval of the convenience store/gas station project. When faced with the current alternative of an overgrown, weed infested disgrace or another concrete monolith office building, we believe that a convenience store would be the most attractive option. Additionally, it would provide a much needed shopping addition to our neighborhood. AS you know, a convenience store at the comer of Mudlick and Brandon was recently closed. This projec~ would fill in the void lef~ by the closing of this store. As residents of Greater Deyerle, we request that you approve the project. Sincerely, lerry and Sherry Marlowe CfYY 0~' .,-~,, CC ....,.,,,, t 2306 CARTER ROAD ROANOKE, VA ~'~.0 t 5 SEPTEMBER ME. COLES ROANOKE CI~ PLANNING ~ I S CHURCH AVENUE Room ROANOKE, VA 2401 I DF. AR Ms. COLES: AS A RESIDENT OF RALEIOH COURT I WA~ INTEREETED TO LEARN OF THE PROPOSAL TO BUILD A CONVENIENCE STORE At THE INTERSEC~ON OF AERIAL WAY AND BRANDON AVENUE. ALTHOUOH YOUR STAFF CHOSE NOT TO SOLICIT INPUT FROM THE P~ALEIOH COURT NE[OHBORHOOD~ I WANT YOU TO KNOW THAT WE BELIEVE THIB PRO~ECT BHOULD BE APPROVED FOR SEVERAL RE~SONS. FIRST, WE NEED ANOTHER PLACE TO PICK UP INCIDENTAL~ SUCH AS MILK, BREAD, ETC. THIB lB ESPECIALLY THE CA~B WITH THe RECENT CLOSINO OF A STORE ON BRANDON. SECOND, THIS WOULD BE A CONVENIENT PLACE TO PURCHASE OAS ON THE WAY TO WORK FOR MANY OF US IN THIS NEIOHBORHOOD. THIRD, THE LAND A~ IT NOW STANDS IS AN EYESORE. I BELIEVE THAT AN AS-rRACTIVE STORE WOULD BE MUCH MORE APPROPRIATE THAN AN ABANDONED FIELD. FINALLY, AS A TAXPAYER, I THINK THAT A CONVENIENCE STORE WOULD GENERATE REVENUE FOR THE C)T~ AND HOPEFUllY KEEP MY TAX BILLS FROM EBCALAT)NO EVEN FURTHER. I HOPE THAT YOU WILL CONSIDER THESE POINTS IN YOUR DELIBERA~ONS. SINCERELY, H. LANDON CARDER O~;o§er 4, 19~ Mrs. Carolyn H. Coles, Chairman Mgnnbers of thc Planning Commission Roanoke, VA Subject: Request from CSW Associate, W'dliam H. Lester, Brownie l_~st~r and Douglas S. Spadaro, P~itioners, represented by Edward A. Na~t, Attorney, that propeIxy located on the north side of Brandon Avenue and west of the imersection with Aerial Way Drive, S.W., and identified as Official Tax Number 5200107 and a - portion of 59-00119, be rezoned fi'om C-l, Office DLstgct, to C-2, General Commercial District, subject to certain conditions proffered by tt~ petitioner in an amended p~ition, such issue having b~en remanded by City Council on Auguat 25, 1995, to the Planning Commission for further consideration aider ctenial of the original petition was recommended by the Planning Commi~ion on July 5, 1995. Dear Members of thc Commission: As Presidant of the Greater Deyerle Neighborhood Association, I regret that ! am unable to attend today's Planning Commission Meeting. My lack of atietLclanc~ does not indicate a lack of concern on the part of the neighborhood, but rather a conflict with my work schedule. On Italy 5, 1995, I attended the Planning Commission public heating on this r~,oning request, and addresgd the neighborhood's concerns regarding this request. Subsequently, the petitioner redesigned the project somewhat and, in Sept~aber, we invited Ed Natt, th~ petitioners, and their consulting englnegrs to attend our annual C. rrcater Deyerle Neighborhood Association meeting and to present the design to the neighborhood members. Mr. Hail did make a pr~entation at that me~e, ing. We also asked Tam Roop of the City Planning Department to be present and to provide a report of'the department's findings and recommendatiottt For many oftl~ neighborhood. people~ this was thek first opportunity to hear a balanced overview pr~s~nttation of the rezoning r~qucst. 3. show ofhamls at the end of thc meeting indicted a 6 to 1 vote asking for derdal of the request, with a number of poople undecided. The leadership and members of the Greater Deyerle Neighborhood Association have expended a great amount of time and effort over the past few y~ars to work with City officials ami repr~sentaiives to reach compromises, decisions, and comprehensive plans that support the growth, development, vision and protection of both the City and the neighborhood. When possible,, we have devoted many hours and energies to work with petitioners and their representatives to rcack acceptable compromises. We appreciate the efforts which the petitioner October 4,/.995 Page 2 has madg to improvg the dem'gn ofthg project. However, in this ~ we believe ttmt a reza~ng to C-2, General Commercial District, would be in direct conflict with the City's Comprehensive Plan and the Creater Deyerle Neighborhood Pl~n. We beliew · C2 rezoninff would not be the "hi. est and best use" of this property. We ask fl~ you carefully review the r~ort on this request from the City Planning Department dated September 6, 1995. We ask that once afl. in you recommend for cte,~b! of this rezoning request. The Crr~aIer Deyerle Neighborhood Association is going through a pcriod of leadership wanskion whist mak~ it temporarily more difllc~It for us to repeatedly at~end tmblic hear~gs on ff~is t~ffpe of issue. We do have a s~'o~g membership g'~ is dedicated to the preservation o~the neiffhborhood, the tmplemen~ation of~e comprel~nsi~ and neiffhborhood pla~s, s_nd to work with City representatives and others in a respons~le raarmer, We ask for your continued s~pport in this ~ndeavor, S~c~gy, Lacy W. Cermet President Grater Deyerle Neighborhood Association /dp Roanoke Times & World-News Ad Nu~e~-~: 102782516 Publishe c' s Fee: $116.00 OSTERHOUDT FERGUSON NATT '~ AHERON & AGEE 1919 ELE2TRIC RD SW ROANOKE, VA 24018 STATE of VIRGINIA CITY of ROANOKE AFF2]DAVIT of PUBLICATION I, (the undersigned) an authorized representative of the Times-World Cor- poration, which corporation is publisher of the Roanoke Times & World-News, a daily newspaper published in Roanoke, in the State of Virginia, do certify.that the annexed notice was published in said newspapers on the following dates: 10/27/95 FULL RUN - Friday 11/03/95 FULL RUN - Friday Witness, '5his 10th day of Noveraber 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, November 13, 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 C-l, Office District, to C-2, General Commercial District, the following property: That certain 2.723-acre parcel of land located on the northerly side of Lee Highway, Route 419 west of its intersection with Aerial Way Drive, and bearing Official Tax No. 5200107 and a portion of No. 5200119, such rezoning to be subject to certain proffered conditions. A copy of this proposal is available for public inspection in the Gffice 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 _~ day of 0£t0ber , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke T~mes and World-News, once on Friday, October 27, 1995, and once o:~ Friday, November 3, 1995. Send F,ublisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee, PC 1919 Electric Road, S. W. Roanoke, Virginia 24018 MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginht 24011-1536 Telephone: (703) 981-2541 SANDRA H. EAKIN Depuly City Clerk November 3, 1995 File #51 Edward A. Naif, Attorney 1919 Electric Road, S. W. Suite ()ne Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, November 13, 1995, at 7:00 p.m., or as soon thereafter as the matter may be heard, on the request of CSW Associates, William H. Lester, Brownie Lester and Douglas S. Spadaro that a tract of land located on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive, containing a total of 2.723 acres, more or less, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be rezoned from C-1, Office District, to C-,'!, General 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. 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. Edward A. Naif November 3, 1995 Page ;.~ It will be necessary for you or a repre, sentative to be present at the November 13 public hearing. Failure to appear could result in a deferral of the request until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm November Enc. pc: Lacy W. Carter, President, Greater Deyerle Neighborhood Association, 3562 Mudlick Road, S. W., Roanoke, Virginia 24018 Ms. Mary Pickett, 3804 Brandon Avenue, S. W., Apartment No. 248, Roanoke, Virginia 24018 Ms. Clare White, 3804 Brandon Avenue, S. W., Apartment No.256, Roanoke, Virginia 24018 Ms. Lucy R. Ellett, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Jerry Marlowe, 4536 Royal Oak Drive, S. W., Roanoke, Virginia 24018 Mr. H. Landon Carder, 2306 Carter Road, S. W., Roanoke, Virginia 24015 Mr. William B. Miller, 2334 Maiden Lane, S. W., Roanoke, Virginia 24018 James A. Lambie, President, Resident Council, Brandon Oaks, 3804 Brandon Avenue, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Ben Richardson, 102 Serpentine Road, S. W., Roanoke, Virginia 24014 Joe Bandy and Son, 3780 Aerial Way Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Forest Hodge, 214 Stonebddge Drive, Blue Ridge, Virginia 24064 Mr. W. H. Jolly and Mr. G. O. Clemens, Trustees, cJo Ms. Lucy Ellett and Mr. T. H. Kemper, 3752 Brandon Avenue, S. W., Roanoke, Virginia 24018 Lee-Hy Manor Elderly Apartments, 4139 Brandon Avenue, S. W., Roanoke, Virginia 24018 TEG Corporation, c/o Gurtner Graphics, P. O. Box 4669, Roanoke, Virginia 24015 Mr. William H. Lester and Mr. Douglas S. Spadaro, Lester/Spadaro Investments, 3807 Brandon Avenue, S. W., Suite No. 2450, Roanoke, Virginia 24018 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 October 19, 1995 File #51 SANDRA H. EAKIN Deputy City Clerk Carolyn H. 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 the second and third amended petition from Edward A. Natt, Attorney, representing CSW Associates, William H. Lester, Brownie Lester and Douglas S. Spadaro requesting that a tract of land located on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive, containing a total of 2.723 acres, more or less, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be rezoned from C-1, Offica District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F-. CMC/AAE City Clerk MFP:sm r/csw Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018 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 OSTER. HOUDT, FERGUSON, NATT, AHERON 8 AGEE October 17, 1995 Mary F. Parker, CMC/AAE City Clerk City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 RE: CWS Associates - Rezoning Dear Mary: Enclosed please find copies of the Second and Third Amended Petitions to Rezone in the above matter. My client is out of town, but I will obtain the required signatures and have the originals delivered to you by the end of the week. Thank you for your assistance in this matter. Very truly yours, Edward A. Natt EAN/sse Enclosure pc: Bill Lester (w/enc.) Doug Spadaro Lester/Spadaro Investments 3807 Brandon Avenue #2450 Roanoke, VA 24018 Martha Franklin (w/enc.) Roanoke City Planning Commission Room 162, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINI:~ IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive in the City of Roanoke containing a total of 2.723 acres, more or less, identified as tax map parcel 5200107 and a portion of 5200119, according to the tax maps of the City of Roanoke from Zoning District C-l, Office District, to Zoning District C-2, General Commercial District, such rezoning to be subject to certain conditions. rO THE HONORABLE MAYORAND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, CSW Associate, William H. Lester, Brownie Lester, and Douglas S. Spadaro, own land in the City of Roanoke containing 2.723 acres, more or less, located on the northerly side of Brandon Avenue, west of its intersection with Aerial Way Drive, known as official tax map nos. 5200107 and a portion of 5200119. Said parcels are currently zoned C-l, Office District. 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 Petitioners request that the said be rezoned from C-l, Office District to C-2, General :cial District, subject to certain conditions set forth for the purpose of operating a convenience store/service station/restaurant on the property. The Petitioner believes the rezoning of the said tract of [and will further the intent and purposes of the City's Zoning )rdinance and its comprehensive plan, in that it will develop a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area including the fact that said property is located at the terminus of Peters Creek Road extended. The operation of a convenience store/service station/restaurant at such intersection would promote the highest and best use of the property. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. The property will be used as a convenience store/service station/restaurant. 3. The hours of operation will not be longer than from 6:00 a.m. to 12:00 midnight. 4. That the property will be developed in substantial conformity with the rendering prepared by Balzer & Associates dated Attached as Exhibit C are the names, addresses and tax ~ 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. 1995. Respectfully submitted this l~ day of O~ Respectfully Submitted, Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 (703) 774-1197 VSB ~1104 CSW Associates ~lliam H. Lester Brownie Lester ~ouglas S. Spadaro EXHIBIT C Richardson, Ben and Dora 102 Serpentine Road, SW Roanoke, A 24014 Tax Map Number 5200113 Joe Bandy and Son 1801 Murray Road, SW Roanoke, VA 24018 Tax Map Number 5200202 Hodge, Forrest, Jr. and Delores A. c/o Harvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 Tax Map Number 5200201 Ellett, Lucy and T. H. Kemper 3752 Brandon Avenue, SW Roanoke, VA 24018 ~ax Map Number 5190101 Lee-Hy Manor - Elderly Apts. 2000 Corporate Ridge - Suite VA 22102 Map Number 5200118 925 Graphics (T E G Corp) O. Box 4669 VA 24015 Map Number 5200115 \~pSO\s ceph \$padaroZ. Pe~:: sse~ O/I ?/~ THIRD AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE. VIRGINIA IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway, west of its intersection with Aerial Way Drive in the City of Roanoke containing a total of 2.723 acres, more or less, identifJeH as tax map parcel 5200107 and a portion of 5200339, acco~ding to the tax maps of the City of Roanoke from Zoning District C-l, Office District, to Zoning District C-2, General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYORAND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioners, CSW Associate, William H. Lester, Brownie Lester, and Douglas S. Spadaro, own land in the City of Roanoke containing 2.723 acres, more or less, located on the northerly side of Brandon Avenue, west of its intersection with Aerial Way Drive, known as official tax map nos. 5200107 and a portion of 5200119. Said parcels are currently zoned C-i, Office District. 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 Petitioners request that the said property be rezoned from C-i, Office District to C-2, General .Commercial District, subject to certain conditions set forth below, for the purpose of operating a convenience store/service station/restaurant on the property. The Petitioner believes the rezoning of the said tract of 2~and will further the intent and purposes of the City's Zoning iiOrdinance and its comprehensive plan, in that it will develop a terminus of convenience intersection property. parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area including the fact that said property is located at the Peters Creek Road extended. The operation of a store/service station/restaurant at such would promote the highest and best use of the The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes reguired by the City during site plan review and further limtied to nine fueling stations. That the structures constructed on the property will be constructed in substantial conformity with the rendering prepared by Balzer & Associates dated September 27, 1995, a copy of which was submitted to the Planning Commission at its meeting held on October 4, 1995, subject to any changes required by the City during site plan review. That the walkway from the principal structure to the gas pumps and the canopy over the gas pumps will have pitched roofs in substantial conformity with the roof structures as shown on the rendering for the remainder of the facility. That the property will be used as a highway convenience store with restaurant with fueling stations for nine vehicles. That the hours of operation will not be longer than from 6:00 a.m. to 12:00 midnight. Should the property not be developed within two years from the date of rezoning by the City Council, the zoning on the property will revert to Zoning District C-i, Office District. Attached as Exhibit C are the names, numbers of the owner or owners of all addresses and tax 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 0~ , 1995. Respectfully Submitted, Of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., Suite Roanoke, Virginia 24018 I703) 774-1197 VSB ~1104 CSW Associates William H. Lester Brownie Lester Douglas S. Spadaro EXHIBIT C Richardson, Ben and Dora 102 Serpentine Road, SW Roanoke, A 24014 Tax Map Number 5200113 Joe Bandy and Son 1801 Murray Road, SW Roanoke, VA 24018 Tax Map Number 5200202 Hodge, Forrest, Jr. and Delores A. c/o Harvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 Tax Map Number 5200201 Ellett, Lucy and T. H. Kemper 3752 Brandon Avenue, SW Roanoke, VA 24018 Tax Map Number 5190101 Lee-Hy Manor - Elderly Apts. 2000 Corporate Ridge - Suite 925 McLean, VA 22102 Tax Map Number 5200118 Gurtner Graphics (T E G Corp) P. O. Box 4669 Roanoke, VA 24015 Tax Map Number 5200115 z:\~PSO\scep~\spadaro3.Pet:$selO/OS/g5 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST~ off' CSW Associates, William Lester, Brownie Lester, Douglas Spadaro ) Brandon Avenue, S.W., Tax No. 5200107 and pt. 5200119, rezone ) AFFIDAVIT from C-l, to C-2, Conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she is Secretary to 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 25th day of September, 1995, notices of a public hearing to be held on the 4th day of October, 1995, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parce[ Owner, Agent or Occupant Address 520012[3 Ben and Dora Richardson 102 Serpentine Road, SW Roanoke, VA 24014 5200202 5200201 Joe Bandy and Son Forrest and Delores Hodge 3780 Aerial Way Drive, SW Roanoke, VA 24018 1801 Murray Road, SW Roanoke, VA 24018 214 Stonebridge Drive Blue Ridge, VA 24064 c/oHarvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 5190101 5200118 W. H. Jolly & G. O. Clemens, Trs. c/o Lucy Ellett & T. H. Kemper Lee-Hy Manor Elderly Apartments 3752 Brandon Avenue, SW Roanoke, VA 24018 4139 Brandon Avenue, SW Roanoke, VA 24018 2000 Corporate Ridge Suite 925 McLean, VA 22102 5200115 TEG Corporation c/o Gurtner Graphics P. O. Box 4669 Roanoke, VA 24015 M~-rtha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 25th day of September, 1995. My Commission Expires: TO TltE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING RE T OF~ ~ CSW Associates, William Lester, Brownie Lester, Douglas Spadaro Brandon Avenue, S.W., Tax No. 5200107 and pt. 5200119, rezone from C-l, to C-2, Conditional COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) ) ) AFFIDAVIT ) The affiant, Geraldine Aldridge, first being duly sworn, states that she secretary in the Roanc~ke City Planning Department, 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 ha., sent by first-class mail on the 28th day of August, 1995, notices of a public hearing to be held on the 6th day of September, 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 5200113 Ben and Dora Richardson 5200202 Joe Bandy and Son 5200201 Forrest and Delores Hodge W. H. Jolly & G. O. Clemens, Trs. c/o Lucy Ellett & T. H. Kemper Lee-Hy Manor Elderly Apartments 5190101 TEG Corporation c/o Gurtner Graphics 5200118 Address 102 Serpentine Road, SW Roanoke, VA 24014 3780 Aerial Way Drive, SW Roanoke, VA 24018 1801 Murray Road, SW Roanoke, VA 24018 214 Stonebridge Drive Blue Ridge, VA 24064 c/oHarvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 3752 Brandon Avenue, SW Roanoke, VA 24018 4139 Brandon Avenue, SW Roanoke, VA 24018 2000 Corporate Ridge Suite 925 McLean, VA 22102 P. O. Box 4669 Roanoke, VA 24015 5200115 Geraldine Aldridge '~ SIJBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of August, 1995. Notary Public My Commission Expires: ~ $/. / ~ q A~ NOTICE OF PUBLIC I-[EARING BEFORE TI-fiE ROANOKE CI~ PLANTNIN,G ,COMMISSION TO WHOM IT MAY CONCERN: '- ' The Roanoke City Planning Commission will hold a public hearing on Wednesday, September 6, 1995, at 1:2;0 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 CSW Associate, WilIiam H. Lester, Brownie Lester, and Douglas S. Spadaro, represented by Edward A. Natt, Attorney, that property located at the intersection of Aerial Way Drive and Brandon Avenue, S.W., designated as Official Tax No. 5200107 and containing 2.723 acres, and a portion of property bearing Official Tax No. 5200119, located on Brandon Avenue, S.W., be rezoned from C-l, Office District, to C-2, General Commercial 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. Manha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, August 22, 1995 and Tuesday, August 29, I995 Please bill: Edward A. Natt, Esq. Osterhoudt, Ferguson, Natt, Aheron & Agee, PC 1919 Electric Road, S.W. Roanoke, VA 24018 (703) 774-1197 Please send affidavit of publication to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 Roanoke City Planning Commission August 14, 1995 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from CSW Associate, William H. Lester, Brownie Lester and Douglas S Spadaro, Petitioners, represented by Edward A. Natt, attorney, that property located on the northerly side of Brandon Avenue and west of the intersection with Aerial Way Drive, S.W., and identified as Official Tax Number 5200107 and a portion of 5200119, be rezoned from C-l, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The above referenced rezoning was recommended for denial at the July 5, 1995 meeting of the Roanoke City Planning Commission. Mr. Edward A. Natt, Attorney for the petitioner, is currently requesting that City Council set a public hearing for Council's afternoon meeting on August 28, 1995 for the express purpose of remanding this item back to the Planning Commission for recommendation. The Roanoke City Planning Commission recommends approval of this request. Respectfully submitted, Carolyn H. Coles, Chairman Roanoke City Planning Commission CC: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner's Agent Room 162 Municipal Building 215Church Avenue, S.W, Roanoke, Virginia 24011 (703)981-2344 OSTERHOUDT. FERGUSON. NATT. AHERON 8 AGEE July 26, 1995 Ms. Mary F. Parker, CMC/AAE, City Clerk City of Roanoke 215 Church Avenue, SW, Room 456 Roanoke, VA 24011-1536 RE: Rezoning Request - CSW Associates William Lester, Brownie Lester and Douglas Spadaro Dear Ms. Parker: In conversations with Mr. John Marlles, I have been advised that the above matter is scheduled for public hearing on the Roanoke City Council Agenda for August 14. I am sure the file advises that I am counsel of record for the Petitioner. The Petitioner has requested the Roanoke City Planning Commission to reconsider this matter and we would, therefore, like to request that the City Council refer the matter to the Planning Commission for further consideration. We would expect to appear before the Planning Commission at its September meeting and, hopefully, bring the matter back to the City Council shortly thereafter. I will not be available to attend the City Council meeting on August 14 and, therefore, would appreciate your consideration of this matter without an appearance on my behalf. As stated above, we are simply asking that the matter be referred back to the Planning Commission for further consideration. We appreciate your continued cooperation in the handling of this matter. Very truly yours, Edward A. Natt pc: Bill Lester Doug Spadaro Lester/Spadaro Investments 3807 Brandon Avenue #2450 Roanoke, VA 24018 Pat Miley Balzer & Associates 1208 Corporate Circle Roanoke, VA 24018 OSTERHDUDT, FERGUSON, NATT, AHERDN & ABEE ATTDRNEY5-AT-LAW ROANBKE, VIRBINIA AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying on the northerly side of Lee Highway, Route 419 west of its intersection with Aerial Way Drive in the City of Roanoke containing a total of 2.723 acres, more or less, identified as tax map parcel 5200107 and a portion of 5200119, according to the tax maps of the City of Roanoke from Zoning District C-i, Office District, to Zoning District 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, CSW Associate, William H. Lester, Brownie Lester, and Douglas S. Spadaro, own land in the City of Roanoke containing 2.723 acres, more or less, located on the northerly side of Brandon Avenue, west of its intersection with Aerial Way Drive, known as official tax map nos. 5200107 and a portion of 5200119. Said parcels are currently zoned C-i, Office District. 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 Petitioners request that the said property be rezoned from C-I, Office District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of operating a convenience store/service station/restaurant on the property. 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 develop a terminus of convenience intersection property. parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area including the fact that said property is located at the Peters Creek Road extended. The operation of a store/service station/restaurant at such would promote the highest and best use of the The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated August 16, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. The property will be used as a convenience store/service station/restaurant. Attached as Exhibit C 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 I~ day of 1995. Respectfully Submitted, Edward A. Natt, Esq. 'OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 774-1197 Associates ~ H. L~e~ Of Counsel ~ Lestel Douglas EXHIBIT C Richardson, Ben and Dora 102 Serpentine Road, SW Roanoke, A 24014 Tax Map Number 5200113 Joe Bandy and Son 1801 Murray Road, SW Roanoke, VA 24018 Tax Map Number 5200202 Hodge, Forrest, Jr. and Delores A. c/o Harvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 Tax Map Number 5200201 Ellett, Lucy and T. H. Kemper 3752 Brandon Avenue, SW Roanoke, VA 24018 Tax Map Number 5190101 Lee-Hy Manor - Elderly Apts. 2000 Corporate Ridge - Suite 925 McLean, VA 22102 Tax Map Number 5200118 Gurtner Graphics (T E G Corp) P. O. Box 4669 Roanoke, VA 24015 Tax Map Number 5200115 z: \wpSO\steph\spada~o. Pet: sse08/15/95 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 July 27, 1995 Ms. Martha Plank Legal Advertising The Roanoke Times 201 Campbell Avenue, S. W. Roanoke, Virginia 24011 Dear Martha: Pursuant to your telephone conversation today with Sandra Eakin, Deputy City Clerk, please cancel the legal advertisement for a Notice of Public Hearing before Roanoke City Council on Monday, August 14, 1995, to rezone a 2.723 acre parcel of land located on the northerly side of Lee Highway, Route 419, west of its intersection with Aerial Way Drive, which advertisement was to be billed to Edward A. Natt, Attorney. Your assistance in this matter is appreciated. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:se 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, August 14, 1995,. at 7:00 p.m., in the Councll Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from C-l, Office District, to C-2, General Commercial District, the following property: That certain 2.723-acre parcel of land located on the northerly side of Lee Highway, Route 419 west of its intersection with Aerial Way Drive, and bearing Official Tax No. 5200107 and a portion of No. 5200119, 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 26th. day of July , 1995. Mary F. Parker, City Clerk. Publish in the Roanoke T~mes and Wofld-New~, once on Friday, July 28, 1995, and once on Friday, August 4, 1995. Send publishers affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Mtmicipal Building 215 C'hurch Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney 1919 Electric Road, S. W. Suite One Roanoke, Virginia 24018 MARY F. PARKER, CMC/AAE Ct)' Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (703) 981-2541 June 19, 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: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am enclosing copy of a petition from Edward A. Natt, Attorney, representing CSW Associates, William H. Lester, Brownie Lester and Douglas S. Spadaro requesting that a tract of land located at the intersection of Aerial Way Drive and Brandon Avenue, S. W., containing 2.723 acres, more or less, described as Official Tax No. 5200107, and a portion of property located on Brandon Avenue, S. W., described as Official Tax No. 5200119, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm r/csw Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, 1919 Electdc Road, S. W., Suite One, Roanoke, Virginia 24018 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 PETITION TO REZONE IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of a tract of land lying on the northerly side of Lee Highway, Route 419 west of its intersection with Aerial Way Drive in the city of Roanoke containing a total of 2.723 acres, more or less, identified as tax map parcel 5200107 and a portion of 5200119, according to the tax maps of the City of Roanoke from Zoning District C-i, Office District, to Zoning District 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, CSW Associate, William H. Lester, Brownie Lester, and Douglas S. Spadaro, own land in the City of Roanoke containing 2.723 acres, more or less, located on the northerly side of Brandon Avenue, west of its intersection with Aerial Way Drive, known as official tax map nos. 5200107 and a portion of 5200119. Said parcels are currently zoned C-i, Office District. 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 Petitioners request that the said property be rezoned from C-i, Office District to C-2, General Commercial District, subject to certain conditions set forth below, for the purpose of operating a convenience store/service station/restaurant on the property. 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 develop a parcel of land in a manner consistent with adjoining properties in the area and consistent with the future development of the area including the fact that said property is located at the terminus of Peters Creek Road extended. The operation of a store/service station/restaurant at such would promote the highest and best use of the convenience intersection property. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: 1. That the property will be developed in substantial conformity with the concept plan prepared by Balzer & Associates dated June 14, 1995, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by the City during site plan review. 2. The property will be used store/service station/restaurant. Attached as Exhibit C are the names, lumbers of the owner or owners of all as a convenience addresses and tax 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 L~_ day of 1995. Respectfully Submitted, of Counsel Edward A. Natt, Esq. OSTERHOUDT, FERGUSON, NATT, AHERON & AGEE, P.C. 1919 Electric Road, S.W., Suite 1 Roanoke, Virginia 24018 (703) 774-1197 VSB #1104 I CSW'Assocl~tes .~ EXHIBIT C Richardson, Ben and Dora 102 Serpentine Road, SW Roanoke, A 24014 Tax Map Number 5200113 Joe Bandy and Son 1801 Murray Road, SW Roanoke, VA 24018 Tax Map Number 5200202 Hodge, Forrest, Jr. and Delores A. c/o Harvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 Tax Map Number 5200201 Ellett, Lucy and T. H. Kemper 3752 Brandon Avenue, SW Roanoke, VA 24018 Tax Map Number 5190101 Lee-Hy Manor - Elderly Apts. 2000 Corporate Ridge - Suite 925 McLean, VA 22102 Tax Map Number 5200118 Gurtner Graphics (T E G Corp) P. O. Box 4669 Roanoke, VA 24015 Tax Map Number 5200115 z: \wpSO\st eph\spadaro. Pet: sse06/12/95 MARY F. PARKER, CMC/AAE eli? Clerk CITY OF ROANOKE OFHCE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, X, irginia 240l 1-1536 Telephone: (703) 981-2541 August 16, 1995 File #51 SANDRA H. EAKIN Deputy Ci y Clerk 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 Edward A. Natt, Attorney, representing CSW Associates, William H. Lester, Brownie Lester and Douglas S. Spedaro requesting that a tract of land located on the northerly side of Lee Highway, Route 419 west of its intersection with Aedal Way Ddve, containing a total of 2.723 acres, more or less, Official Tax No. 5200107, and a portion of Official Tax No. 5200119, be rezoned from C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. MFP:sm rlcsw Eno. Sincerely, Mary F. Parker, CMCIAAE City Clerk The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, 1919 Electric Road, S. W., Suite One, Roanoke, Virginia 24018 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: CSW Associates, William Lester, Brownie Lester, Douglas Spadaro ) Brandon Avenue, S.W., Tax No. 5200107 and pt. 5200119, rezone ) AFFIDAVIT from C-i, to C-2, Conditional ) COMMONWEALTH OF VIRGINIA ) ) TO-WIT: CITY OF ROANOKE ) The affiant, Martha Pace Franklin, first being duly sworn, states that she Secretary of the Roanoke City Planning Commission, and as such is competent to make this affidavit of her own personal knowledge. Affidavit states that, pursuant to the provisions of Section 15.1-341, Code of Virginia, (1950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 26th day of June, 1995, notices of a public hearing to be held on the 5th day of July, 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 5200113 Ben and Dora Richardson Address 102 Serpentine Road, SW Roanoke, VA 24014 5200202 Joe Bandy and Son 3780 Aerial Way Drive, SW Roanoke, VA 24018 1801 Murray Road, SW Roanoke, VA 24018 5200201 Forrest and Delores Hodge 214 Stonebridge Drive Blue Ridge, VA 24064 c/oHarvey's One Hour Cleaners 3571 Colonial Avenue, SW Roanoke, VA 24018 5191)101 5200118 W. H. Jolly & G. O. Clemens, Trs. c/o Lucy Ellett & T. H. Kemper I.ee-Hy Manor Elderly Apartments 3752 Brandon Avenue, SW Roanoke, VA 24018 4139 Brandon Avenue, SW Roanoke, VA 24018 2000 Corporate Ridge Suite 925 McLean, VA 22102 5200115 TEG Corporation c/o Gurtner Graphics ~artha P. O. Box 4669 Roanoke, VA 24015 Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of June, 1995. My Commission Expires: MARY E PARKER, C34[C/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 981-2541 Fax: (540) 224-3145 SANDRA H. EAKIN Deputy City Clerk November 30, 1995 File ~80-258-393 Wilburn C. Dibling, Jr. City Attorney Roanoke, Virginia Dear Mr. Dibling: At a regular meeting of the Council of the City of Roanoke on Monday, November 27, 1995, you were requested to prepare the proper measure recognizing the outstanding accomplishments of Virginia Tech which ranked 13th and the University of Virginia which ranked 19th in the Associated Press Top 25 Poll for football. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm