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Council Actions 07-07-97
Swain 33465 ROANOKE CITY COUNCIL ROANOKE COUNTY BOARD OF SUPERVISORS JOINT MEETING THE VIRGINIA MUSEUM OF TRANSPORTATION SHENANDOAH CONFERENCE ROOM 303 NORFOLK AVENUE, S. W. Monday, July 7, 1997 -- 12:15 p.m. AGENDA 1. Call To Order. Roll Call. Roanoke City Council: Vice-Mayor Wyatt and Council Member Parrott were absent. Roanoke County Board of Supervisors: Welcome. David A. Bowers, Mayor, City of Roanoke. 4. OPENING REMARKS: Mayor Bowers Chairman Johnson 0 REQUESTS TO ADD TO OR CHANGE THE ORDER OF AGENDA ITEMS: 6. DISCUSSION OF AGENDA ITEMS: Update on Improvements to The Virginia Museum of Transportation. Katherine F. Houck, Executive Director. (10 minutes) File #229 Update on Roanoke Regional Airport. Jacqueline L. Shuck, Executive Director. (15 minutes) File #9 Co Update on the Higher Education Center. City - 5 minutes) File #414-467 (Requested by Roanoke Update on Low Band Tourist Radio System. City and Roanoke County - 5 minutes) File #413 (Requested by Roanoke Update on Regional Sewage Treatment Plant. (Requested by Roanoke County - 5 minutes) File #27 Fo Update on Joint Water and Sewer Lines. County - 5 minutes) File #27-468 (Requested by Roanoke Update on Stormwater Management Project on Peters Creek Road. (Requested by Roanoke County - 5 minutes) File #27-468-514 H. Consideration of a Regional Teen Center similar to the Brambleton Teen Center. (Requested by Roanoke County - 5 minutes) File #67-304 REMARKS BY MEMBERS OF CITY COUNCIL AND TItE BOARD OF SI_IPERVISORS. ROANOKE CITY: At 1:40 p.m., the meeting was declared in recess until 2:00 p.m. ROANOKE COUNTY: Adjouraed until Tuesday, July 8, 1997, at 3:00 p.m., in the Board Meeting Room, Roanoke County Admlni~trafion Center, 5204 Bernard Drive, S. W. ROANOKE CITY CO UNCIL REGULAR SESSION July 7, 1997 2:00p. m. CITY COUNCIL CHAMBER ~4 GENDA FOR THE COUNCIL 1.Call to Order -- Roll Call. Vice-Mayor Wyatt was absent. The Invocation was delivered by The Reverend Joseph C. Trials, Associate Minister, Jerusalem Baptist Church. The Pledge of Allegiance to the Flag of the United States of America was led by Mayor David A. Bowers. Welcome. Mayor Bowers. NOTICE: Meetings of Roanoke City Council are televised live on RVTV Channel 3. Today's meeting will be replayed on Channel 3 on Thursday, July 10, 1997, at 7:00 p.m. 1997 State of the City Address. Mayor David A. Bowers. The recommendations were referred to the City Manager for review and report to Council. File #11-6%72-87-132-178-200-229-336-414-450-46%488-525 NOTICE: THE PUBLIC IS ADVISED THAT MEMBERS OF COUNCIL RECEIVE THE CITY COUNCIL AGENDA AND RELATED COMMUNICATIONS, REPORTS, ORDINANCES AND RESOLUTIONS, ETC., ON THE THURSDAY PRIOR TO THE MONDAY COUNCIL MEETING TO PROVIDE SUFFICIENT TIME FOR REVIEW OF INFORMATION. CITIZENS WHO ARE INTERESTED IN OBTAINING A COPY OF ANY ITEM LISTED ON THE AGENDA MAY CONTACT THE CITY CLERK'S OFFICE, ROOM 456, MUNICIPAL BUILDING, OR AT 853-2541. e CONSENT AGENDA (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. C- 1 Minutes of the regular meetings of City Council held on Monday, April 7, 1997, and Monday, April 21, 1997. RECOMMENDED ACTION: Dispense with the reading thereof and approve as recorded. C-2 C-3 C-4 C-5 C-6 A communication fi:om Mayor David A. Bowers requesting an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. RECOMMENDED ACTION: Concur in request for Council to convene in File #110-132 Executive Session. A communication from Mayor David A. Bowers recommending appointment of Council Member James O. Trout as Chairman of the Economic Development Commission. RECOMMENDED ACTION: Concur in recommendation. File#Il0-132-450 Minutes of a meeting of the Audit Committee of Roanoke City Council held on Monday, June 2, 1997. RECOMMENDED ACTION: Receive and file. File #132-300 A communication fi:om Gilbert E. Buffer, Jr., Secretary, Roanoke City Electoral Board, transmitting an abstract of votes cast in the Republican and Democratic Primary Election held in the City of Roanoke on June 11, 1997. RECOMMENDED ACTION: Receive and file. File #40 Qualification of the following persons: Alphonzo L. Holland, Sr. as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2000; File #15-110-202 H:~AG ENDA.97~J ULT,ACT 6 William L. Bova as a member of the Economic Development Commission for a term ending June 30, 2000; and File #15-110-450 J. Lee E. Osborne as a City representative to the Fifth Planning District Commission for a term ending June 30, 2000. File #15-110-326 RECOMMENDED ACTION: Receive and file. REGULAR AGENDA HEARING OF CITIZENS UPON PUBLIC MATTERS: a. Request to address Council with regard to possible solutions concerning Roanoke City homing issues. H. Joel Kelly, Spokesperson. (5 minutes) The remarks were referred to the City Manager. File #178 4. PETITIONS AND COMMUNICATIONS: A communication t~om the Roanoke City School Board requesting appropriations to certain school grant accounts; and a report of the Director of Finance recommending that Council concur in the request. Adopted Budget Ordinance No. 33465-070797. (6-0) File #60-236-467 5. REPORTS OF OFFICERS: CITY MANAGER: A briefing report with regard to 1997 summer youth activities throughout the City. (15 minutes) Received and fried. File #67-304-467 ITEMS RECOMMENDED FOR ACTION: A report recommending execution of Community Development Block Grant contracts for services with the Filth District Employment and Training Consortim, and the Roanoke City Boxing Association, Inc. Adopted Resolution No. 33466-070797. (6-0) File #72-178-236-246-304-406 A report recommending execution of Amendment No. 1 to the Agreements for Consultant Services with Hayes, Seay, Mattem & Mattem, Inc., and Mattem & Craig, Inc., in connection with the City's bridge inspection program. Adopted Resolution No. 33467-070797. (6-0) File #102-405 A report recommending acceptance of a matching grant through the Clean Sites Program t?om the Virginia Department of Housing and Community Development, for the purpose of supporting the Gain~qboro Professional Park Project; and appropriation of funds in connection therewith. Tabled until the next regular meeting of Council on Monday, July 21, 1997. File #67-178-200-236 H:kAGENDA.g7UULT.ACT 8 A report recommending acceptance of the bid submitted by Gr/ffin Pipe Products Company to provide ductile iron water pipe to the City for a period of one year. Adopted Resolution No. 33468-070797. (6-0) File 11468-472 A report recommending award of a contract to Lewis-Gale Clinic, Inc., to provide part-time, on-site physician services for City employees. Adopted Resolution No. 33469-070797. (6-0) File #88-184-221 A report recommending an amendment to the City Code to adopt the 1996 Vir~nia Statewide Fire Prevention Code with certain modifications, and authorize local enforcement of the Vir~nia Statewide Fire Prevention Code through the local Fire Marshal. Adopted Ordinance No. 33470-070797. (6-0) File #24-70 A report with regard to procurement of a Regional 800 MHZ tmnked radio system for Roanoke City and Roanoke County. Adopted Resolution No. 33471-070797 and Ordinance No. 33472-070797. (6-0) File 1167-262-301-472 H:'~,G ENDA.97~J U L7,ACT 9 A report recommending acceptance of a grant award fi.om the Deparlment of Criminal Justice Services for implementation by the Police Depmhnent's C.O.P.E. Unit of a training program titled "Reaching Out"; and appropriation of funds in connection therewith. Adopted Budget Ordinance No. 33473-070797 and Resolution No. 33474-070797. (6-0) File #5-60-72-236-304 10. A report in connection with the 1997 Virginia Summer Food Service Program. Adopted Budget Ordinance No. 33475-070797 and Resolution No. 33476-070797. (6-0) File #60-67-72-226-236-246-304-467 b. DIRECTOR OF FINANCE: 1. A financial report for the month of May, 1997. Received and filed. File #1-10 2. A report with regard to reappropriation of outstanding encumbrances as of June 30, 1997. Adopted Budget Ordinance Nos. 33477-070797, 33478-070797, 33479-070797, 33480-070797, 33481-070797, 33482-070797, 33483-070797, 33484-070797, 33485-070797, 33486-070797, 33487-070797, and 33488-070797. (6-0) File #27-44-45-60-192-268-299-301-361-396-467-468 H:'u~GEN DA.9',qJU LT.ACT 1 0 c. CITY ATTORNEY: A report relating to a referendum as to a mod/fled election district system of electing City Council. Concurred in the recommendation. File #40-132 A report with regard to legal actions required for conduct of the November 4, 1997 bond referendum. Concurred in the recommendation. File #53-217 6. REPORTS OF COMMITTEES: A report of the Water Resources Committee recommending execution of a lease agreement with Virginia PCS Alliance, LLC, for leasing space on City-owned facilities to locate personal communication system antenna. Council Member James O. Trout, Vice-Chairperson. Adopted Ordinance No. 33489 on first reading. (6-0) File #51-166-262-373-468-472-514 A report of the Water Resources Committee recommending acquisition of certain property fights across a vacant lot in connection with the Westchester Sanitary Sewer Project. Council Member James O. Trout, Vice-Chairperson. Adopted Ordinance No. 33490-070797. (6-0) File #27-28-166-468 H:~AGENDA.OTOUL7.ACT 1 1 A report of the Water Resources Committee recommending execution of an agreement with the Norfolk and Western Railway Company to allow installation ora sanitary sewer line across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Project. Council Member James O. Trout, Vice-Chairperson. Adopted Ordinance No. 33491-070797. (6-0) File #27-65-223-322 A report of the Water Resources Committee recommending acquisition of certain property rights needed by the City for intersection widemg in connection with the installation of traffic signals at the intersection of Hershberger Road and Westside Boulevard, N. W., and the intersection of Main Street, Elm Avenue and Ferdinand Avenue, S. W.; and transfer of funds in connection therewith. Council Member James O. Trout, Vice- Chairperson. Adopted Budget Ordinance No. 33492-070797 and Ordinance No. 33493-070797. (6-0) File #20-30-60-166-468-514 A report of the Water Resources Committee recommending authorization to grant a conditional permit to the Raleigh Court United Methodist Church to allow encroachment of a parking area into the City right-of-way along Windsor Avenue, S. W. Council Member James O. Trout, Vice-Chairperson. Adopted Ordinance No. 33494-070797 on first reading. (6-0) File #166-169-215-514 7. UNFINISHED BUSINESS: None. 8. INTRODUCTION AND CONSIDERATION OF ORDINANCES AND RESOLUTIONS: H:~AGEN DA.g'~JULT.ACT ~l 2 a. A resolution memorializing the late M. David Ho#per. Adopted Resolution No. 33495-070797. (6-0) File #5-367 Ordinance No. 33457, on second reading, rezoning a certain tract of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and identified as Official Tax No. 6410111, from RS-3, Residential Single-Family District, to RM-3, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 33457-070797. (6-0) File #51-514 Ordinance No. 33458, on second reading, as amended, rezoning certain parcels of land in the Nonvich neighborhood. Adopted Ordinance No. 33458-070797. (6-0) File #51-488 Ordinance No. 33459, on second reading, permanently vacating, discontinuing and closing a portion #fa 12-foot wide alley as the same is bounded on the west by parcels identified as Official Tax Nos. 2120801 - 2120806, inclusive, and on the east by parcels identified as Official Tax Nos. 2120810 - 2120815. Adopted Ordinance No. 33459-070797. (6-0) File 0514 H:'~,(~ ENDA.O7~JU LT.AC'T 1 3 eo Ordinance No. 33460, on second reading, rezoning six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, and desi~ated as Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815, fi.om RM-2, Residential Mulfifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. Adopted Ordinance No. 33460-070797. (6-0) File #51 Ordinance No. 33461, on second reading, amending Section 36.1-250, Special Exception Us~s, of Chapter 36.1, Z_.o.tli~, of the Code of the City of Roanoke (1979), as amended, to provide for automobile paint and body shops as a special exception use in LM, Light Manufacturing Districts. Adopted Ordinance No. 33461-070797. (6-0) File #24-51 go Ordinance No. 33462, on second reading, rezoning a certain tract of land containing approximately two acres, lying along the south side of the 900 block of Moorman Road, N. W., the northwest comer of 10th Street and Moorman Road and the southeast comer of Moorman Road and 9th Street, identified as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, fi.om RM-2, Residential Mull/family District, and C-l, Office District, to C-2, General Commercial District. Adopted Ordinance No. 33462-070797. (6-0) File #51 HSAOENDA.87~JULT.ACT 14 Ordinance No. 33463, on second reading, permanently vacating, discontinuing and closing a certain undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School, and the westerly right-of-way boundary of Dudding Street and Carter Road, S. W., in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road. Adopted Ordinance No. 33463-070797. (6-0) File #467-514 Ordinance No. 33464, on second reading, rezoning a certain 1.527-acre parcel of land lying in the northeast quadrant of the City, identified as Official Tax No. 7230302, from RA, Residential Agriculture District, to LM, Light Manufacturing District. Adopted Ordinance No. 33464-070797. (6-0) File #51 9. MOTIONS AND MISCELLANEOUS BUSINESS: Inquiries and/or comments by the Mayor and Members of City Council. Vacancies on vahous authorities, boards, commissions and committees appointed by Council. 10. HEARING OF CITIZENS UPON PUBLIC MATTERS: None. CERTIFICATION OF EXECUTIVE SESSION. (6-0) Reappointed Patrick B. Shumate as a member of the Youth Services Citizen Board for a term ending May 31, 2000. File #15-110-304 H;'~AOEN DA.97~JU L7.ACT '1 5 Reappointed LuJean Bedard as a member Commission for a term ending June 30, 2000. File #15-110-323 of the Roanoke Arts Reappointed William H. Carder as a member of the Special Events Committee for a term ending June 30, 1998. File #110-317 Reappointed Raleigh Campbell, Frank W. Feather, Bernice F. Jones, Harold P. Kyle, Alphonso McCain, and Glenn D. Radcliffe as members of the Human Services Committee for terms ending June 30, 1998. File #72-110 Reappointed Beverly A. James, Frances L. Keen, George A. Kegley, William L. Lee, and Sandra W. Ryals as members of the Cultural Services Committee for terms ending June 30, 1998. File #110-394 Reappointed Mary E. Kepley, Carl H. Kopitzke, Jordan B. Peck, III, G. Scott Shackelford, Ralph K. Smith, Barry L. Thomas, and James O. Trout, and appointed Betty Field and Eddie Wallace, Jr., as members of the Mill Mountain Advisory Committee for terms ending June 30, 1998. File #67-110 Reappointed James O. Trout as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors for a term ending June 30, 1998. File #110-293 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #11-67-72-87-132-178-200-229-336-414- 450-467-488-525 .... W.- Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of the 1997 State of the City Address which was presented by Mayor David A. Bowers at a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997. On motion, duly seconded and adopted, the State of the City Address was referred to you for review and report to Council. Sincerely, Mary F. Parker, CMC/AAE -~ City Clerk MFP:sm Attachment 1997 STATE OF THE CITY MAYOR DAVID A. BOWERS JULY 7, 1997 MEMBERS OF COUNCIL, CITY ADMINISTRATION, LADLES AND GENTLEMEN OF THE ALL-AMERICA CITY OF ROANOKE. JUST LAST WEEK ON JULY 1, YEAR SERVING AS YOUR MAYOR. "THANK YOU" TO THE PEOPLE 1997, I COMPLETED MY FIFTH ONCE AGAIN, I WANT TO SAY OF THIS GREAT CITY FOR ALLOWING ME TO SERVE. IT IS INDEED A GREAT PRIVILEGE, BLESSING AND HONOR TO REPRESENT THE CITIZENS OF ROANOKE. MAY I ALSO SAY THANK YOU FOR THE GOOD WORK, AND HARD WORK, AND THE LONG HOURS THAT THE MEMBERS OF THIS COUNCIL PUT FORTH IN THEIR JOBS REPRESENTING THE PEOPLE OF OUR CITY. I WANT TO TAKE THIS OPPORTUNITY TO THANK YOU ALL AND COMMEND YOU. THE PEOPLE OF THE CITY OF ROANOKE ARE WELL SERVED BY EACH OF YOU AS YOU BRING YOUR INDIVIDUAL TALENTS AND DIVERGENT VIEWPOINTS TO THIS COUNCIL ON THE MANY ISSUES THAT WE MUST FACE IN GOVERNING THIS CITY. ALSO, AS A PRELUDE TO MY REMARKS TODAY, MAY I TAKE THIS OPPORTUNITY TO AGAIN HONOR OUR POLICE CHIEF, DAVID HOOPER, WHO DIED TWO WEEKS AGO. HE WAS A STELLAR EXAMPLE MEMBERS OF THE DEDICATION TO PUBLIC SERVICE WHICH OF THIS COUNCIL, OUR CITY MANAGER, OUR ADMINISTRATION AND OUR CITY EMPLOYEES EXEMPLIFY EVERY DAY. WE HAVE A LOT OF PEOPLE LIKE CHIEF HOOPER, WORKING IN THIS CITY GOVERNMENT WHO DO THEIR JOBS, DO THEM WELL AND HONESTLY, AND WORK HARD, AND WE SHOULD BE VERY GRATEFUL. TO THE EMPLOYEES OF OUR CITY, SOME OF WHOM MAY BE GATHERED HERE TODAY, LET ME ALSO HONOR YOU AND THANK YOU FOR YOUR SERVICE TO THE CITIZENS OF ROANOKE. AGAIN THIS YEAR, I WANT TO REPORT ON MY PRIMARY INITIATIVE OF CONTINUED TOURISM DEVELOPMENT, A KEY COMPONENT OF ECONOMIC DEVELOPMENT IN THIS CITY, THIS REGION, THIS STATE, AND IN THE WORLD. I HAVE TOLD YOU OFTEN ABOUT HOW WHEN I FIRST RAN FOR CITY COUNCIL IN 1984 AND TALKED ABOUT TOURISM DEVELOPMENT, PEOPLE WERE AMUSED ABOUT THE THOUGHT OF ROANOKE BEING A TOURIST DESTINATION. NOW, THIRTEEN YEARS LATER, WE HAVE ONE OF THE WORLD'S GREATEST STATE-OF-THE-ART CONFERENCE CENTERS, A RENOVATED THREE HUNDRED AND FIFTY ROOM HOTEL, ANOTHER GREAT RENOVATED HOTEL RIGHT IN THE DOWNTOWN AREA, AND OTHER EXCITING PLACES 3 TO STAY, AND VISIT, AND TOUR, AND SHOP, AND ENJOY THE GREAT LIFE OF ROANOKE AS A VISITOR. JUST LAST MONTH, WE ANNOUNCED PLANS FOR THE $4 MILLION DOWNTOWN ICE RINK, WHICH WILL ADD TO CONTINUED IMPROVEMENTS SOON TO BE UNDERWAY AT THE VIRGINIA MUSEUM OF TRANSPORTATION, THE DEVELOPMENT OF THE DOWNTOWN RAILWALK, AND OTHER POTENTIAL ECONOMIC DEVELOPMENT PROJECTS, WHICH WILL CONTINUE TO MAKE ROANOKE THE ENTERTAINMENT CENTER FOR WESTERN VIRGINIA, AND A PLACE THAT VIRGINIANS AND PEOPLE FROM ALL OVER THE NATION WILL WANT TO COME AND VISIT. ACCORDING TO JOHN NALSBITT, AUTHOR OF THE BOOK, MEGATRENDS, "TOURISM IS THE WORLD'S LEADING ECONOMIC CONTRIBUTOR. ONE OUT OF EVERY NINE PEOPLE WORKING ON THE PLANET IS INVOLVED IN TRAVEL AND TOURISM." IN FACT, LADIES AND GENTLEMEN, OUR CONVENTION AND VISITORS BUREAU REPORTS THAT OVER FIVE THOUSAND JOBS IN THE ROANOKE AREA ARE TRAVEL-GENERATED JOBS WITH A PAYROLL OF $76 MILLION. 1995 ECONOMIC IMPACT STATISTICS SHOW THAT TRAVELER'S SPENDING IN THE ROANOKE VALLEY, FOR THE LAST YEAR AMOUNTS TO $311 MILLION! THAT'S MONEY SPENT BY VISITORS, TRAVELERS, AND TOURISTS ON LODGING, MEALS, SHOPPING, TRANSPORTATION AND RETAIL EXPENSES WHILE VISITING IN ROANOKE. AND CONSIDER ALSO THAT IN JUST THE LAST TWO YEARS, THE NUMBER OF ROOM NIGHTS BOOKED, NOT INCLUDING LOCAL INDIVIDUAL HOTEL AND MOTEL BOOKINGS, INDICATE THAT CONVENTION SALES IN ROANOKE INCREASED FROM 21,000 ROOM NIGHTS BOOKED ANNUALLY THROUGH MAY, 1996, TO A THIRTY PERCENT INCREASE UP TO 29,000 ROOM NIGHTS BOOKED THROUGH MAY, 1997. THAT'S NEARLY 8,000 MORE ROOM NIGHTS ANNUALLY IN JUST ONE YEAR. INCREASED TOURISM AND CONVENTION BUSINESS TRANSLATED TO INCREASED TAX REVENUES GENERATED FOR THE CITY OF ROANOKE FROM MEALS, LODGING AND ADMISSIONS. IN 1994-95, WE RECEIVED A TAX 5 REVENUE OF $6.4 MILLION FROM THOSE OUT-OF-TOWN SOURCES, AND JUST ONE YEAR LATER THAT INCREASED BY APPROXIMATELY $600,000 IN TAX REVENUE. THE FIGURES ARE NOT YET IN FOR 1996-97, BUT I ANTICIPATE REVENUE GENERATED FROM OUR TOURISM DEVELOPMENT INITIATIVE TO CONTINUE IN THE FUTURE. THE FACT IS THAT TOURISM DEVELOPMENT IS GOOD ECONOMIC DEVELOPMENT. WE ARE BRINGING THOUSANDS OF PEOPLE TO VISIT OUR CITY, CREATING JOBS, PAYROLL, TAX INCOME, AND A BETTER QUALITY OF LIFE FOR OUR CITIZENS IN THE ROANOKE VALLEY. TOURISM DEVELOPMENT IS A GOOD INVESTMENT THAT PAYS OFF WITH BIG DIVIDENDS, AND I AM PLEASED THAT DURING THESE YEARS ROANOKE HAS GOTTEN BACK ON TRACK BUSINESS. OF THE 1990'S, IN THE TOURISM IN THE NEXT COUPLE OF YEARS, WE NEED TO CONTINUE AND COMPLETE PLANS FOR OTHER TOURISM RELATED PROJECTS SUCH AS THE LOW-BAND TOURIST RADIO SYSTEM ON 1-81 AND THE BLUE RIDGE PARKWAY, HENRY STREET, RAILWALK AND TRANSPORTATION MUSEUM IMPROVEMENTS, AND INCREASED FUNDING FOR OUR VERY SUCCESSFUL CONVENTION AND VISITORS BUREAU. OUR TOURISM INITIATIVE SHOULD CONTINUE...BECAUSE IT HAS BEEN VERY SUCCESSFUL. I NOW WANT TO TALK ABOUT THREE INITIATIVES WHICH I WOULD ASK CONSIDERATION OF BY THIS COUNCIL AND OUR COMMUNITY. THE PROJECTS COVER THE GENERAL THEMES OF EDUCATION, HOUSING, AND RACE RELATIONS. IN PARTICULAR, I WANT TO TALK ABOUT THE HIGHER EDUCATION CENTER, INNER-CITY HOUSING, AND THE LOCAL COLORS PROGRAM. FIRST, THIS COUNCIL IS ALREADY ON RECORD IN SUPPORTING THE DEVELOPMENT OF A HIGHER EDUCATION CENTER IN DOWNTOWN ROANOKE. PERCENT OF PEOPLE IN A RECENT SURVEY, SEVENTY-NINE SURVEYED INDICATED THAT THEY WOULD SUPPORT AND USE A FACILITY IN OUR AREA WHICH ALLOWED THEM TO CONTINUE THEIR HIGHER EDUCATION. AS YOU KNOW, THE ROANOKE VALLEY IS THE LARGEST METROPOLITAN AREA IN THE COMMONWEALTH WITHOUT A FOUR-YEAR PUBLIC EDUCATIONAL INSTITUTION. OUR CITIZENS NEED AND DESERVE A RESPONSE FROM THE COMMONWEALTH ON THIS ISSUE. WE MUST HAVE A FACILITY PROVIDING POST-GRADUATE STUDIES, AND TRAINING AND EDUCATIONAL PROGRAMS FOR JOB RETRAINING, IF OUR CITIZENS ARE TO JOIN OTHER VIRGINIANS IN MEETING THE CHALLENGES OF A WORLD ECONOMY IN THE NEXT CENTURY. AS OUR CITY MANAGER INDICATED IN A RECENT SPEECH TO THE KIWANIS CLUB OF ROANOKE, "THE CHOICE FACING BUSINESS IS TO RETRAIN THE EXISTING WORKFORCE, HIRE NEW SKILLED EMPLOYEES If THEY ARE AVAILABLE, OR MOVE TO A REGION WHERE NEW SKILLS ARE AVAILABLE, AND WE DON'T EVER WANT TO GET TO THAT POINT. THERE IS A STRONG COMPLIMENTARY CONNECTION BETWEEN THE CONFERENCE CENTER AT HOTEL ROANOKE AND THE HIGHER EDUCATION CENTER, AND JUST CONFERENCE CENTER HIGHER EDUCATION ULTIMATELY BE A WINNER CITIZENS." AS HOTEL ROANOKE AND THE PAVED NEW PATHS, SO CAN THE CENTER BE A PROJECT THAT WILL FOR THIS REGION AND ITS LADIES AND GENTLEMEN, YOU AGREE WITH THE CITY MANAGER, AS DO I, AND A VAST MAJORITY OF OUR CITIZENS AGREE AS WELL. NOW, IT'S TIME TO TAKE ACTION. I COMMEND OUR FORMER COLLEAGUE AND VICE-MAYOR, STATE SENATOR JOHN EDWARDS, FOR HIS LEADERSHIP IN BRINGING THE HIGHER EDUCATION CENTER TO DOWNTOWN ROANOKE. HE HAS FOUGHT A TOUGH FIGHT IN THE GENERAL ASSEMBLY OF VIRGINIA, BUT WE HAVE MADE SOME PROGRESS IN REQUESTING THAT A STATE COUNCIL OF HIGHER EDUCATION STUDY BE MADE REGARDING THE CURRICULUM TO BE OFFERED IN OUR COMMUNITY, AND THE DEVELOPMENT OF THE HIGHER EDUCATION CENTER AUTHORITY WHICH WILL BECOME A REALITY NEXT YEAR. NOW IT IS TIME FOR LOCAL CITIZENS TO STAND UP AND BE COUNTED, AND INVEST IN OUR DREAM. THE COMMONWEALTH, AND MORE PARTICULARLY THE GENERAL ASSEMBLY, WILL BE LOOKING TO US FOR LEADERSHIP AND COMMITMENT AND INVESTMENT IN THIS PROJECT BEFORE THEY WILL BE READY TO SPEND ONE DIME OUT OF RICHMOND. ACCORDINGLY, MY FIRST PROPOSAL FOR THIS NEXT YEAR IS TO ESTABLISH A HIGHER EDUCATION CENTER INVESTMENT FUND OF $5 MILLION, WITH $2.5 MILLION OF THAT AMOUNT TO 10 BE DESIGNATED BY OUR CITY MANAGER AND OUR DIRECTOR OF FINANCE FROM CITY FUNDS, AND A $2.5 MILLION MATCH FROM OTHER LOCAL GOVERNMENTS AND/OR A CITIZEN-SPONSORED FUND-RAISING EFFORT SIMILAR TO "RENEW ROANOKE," WHICH HELPED TO SAVE OUR OLD HOTEL. WITH $5 MILLION ON THE TABLE, THE LEGISLATORS IN RICHMOND WILL KNOW THAT THIS COMMUNITY IS COMMITTED TO THIS PROJECT. LET US STAND UP FOR WHAT WE BELIEVE WILL HELP TO MEET THE POST-GRADUATE AND JOB RETRAINING EDUCATIONAL NEEDS OF OUR COMMUNITY, AS WELL AS MEETING A CONTINUED ECONOMIC DEVELOPMENT NEED IN OUR DOWNTOWN AREA. THIS INITIATIVE REPRESENTS A WORTHY GOAL FOR OUR CITY AND AN IMPRESSIVE CHALLENGE FOR OUR REGION. THE SECOND INITIATIVE THAT I WANT TO TALK TO YOU ABOUT IS INNER-CITY HOUSING. THE ROANOKE TIMES HAS MADE AN EXTENSIVE STUDY OF THE PLIGHT WHICH MANY INNER-CITY NEIGHBORHOODS ARE SUFFERING. THERE ARE MANY NEIGHBORHOODS IN THIS CITY THAT ARE VIBRANT AND THRIVING AND SUCCESSFUL, BUT THERE ARE SOME THAT ARE NOT. WE HAVE MADE EFFORTS JUST IN THE LAST FIVE YEARS IN THE DEVELOPMENT OF OUR INNER-CITY NEIGHBORHOODS WITH CONTINUED INVESTMENT IN ELEMENTARY SCHOOLS' AND MIDDLE SCHOOLS' RENOVATIONS, WHICH ARE MAJOR INVESTMENTS FOR FAMILIES AND EDUCATION. LIKEWISE, WE HAVE INSTITUTED THE CERTIFICATE OF OCCUPANCY PROGRAM FOR OUR RENTAL UNITS IN THIS CITY, IN A COMBINED EFFORT WITH TENANT ADVOCATES AND LANDLORDS. WE HAVE REMOVED 1,900 JUNK CARS FROM OUR CITY. WE ARE CLEANING UP THE PARKS, AND WE GOT RID OF 25,000 OLD TIRES FROM THE CITY JUST LAST SPRING. ROANOKE IS A GOOD AND VIBRANT, THRIVING CITY AND WE HAVE MANY, MANY GOOD AND VIBRANT THRIVING NEIGHBORHOODS OF WHICH OUR CITIZENS ARE PROUD TO LIVE IN, AND WHICH PEOPLE FROM THROUGHOUT THIS REGION SHOULD KNOW ARE SAFE AND CLEAN AND GOOD NEIGHBORHOODS FOR FAMILIES. AND YET, AS WE HAVE PROMISED OVER THE YEARS, THIS CITY MUST BE PROUD OF EVERY NEIGHBORHOOD AND EVERY NEIGHBORHOOD MUST BE PROUD OF OUR CITY. WE DO HAVE INNER-CITY NEIGHBORHOODS WHICH NEED MORE ATTENTION. WE DO HAVE INNER-CITY STRUGGLING TO SURVIVE AS SAFE, STABLE, AND WELL-BUILT, AND WELL-MAINTAINED PLACES TO LIVE. NOT SOMETHING JUST CLINTON APPEARED NEIGHBORHOODS WHICH ARE CLEAN, THIS IS UNIQUE TO ROANOKE. PRESIDENT BEFORE THE UNITED STATES CONFERENCE OF MAYORS WITH A PLAN TO REVIVE ALL THE CITIES IN AMERICA. BUT WE MUST DO OUR PART, AND TAKE A LEADERSHIP ROLE IN TAKING CARE OF OUR CITY. ACCORDINGLY, I THINK THE TIME IS RIGHT FOR THIS COUNCIL AND THIS COMMUNITY TO JOIN WITH OUR PRESIDENT AND THE MAYORS OF OTHER CITIES THROUGHOUT AMERICA. IT IS TIME TO FOCUS ON URBAN HOUSING. 13 LET'S REMEMBER, THE ANSWER TO BLIGHT IN THE INNER-CITY IS NOT ONLY GOVERNMENT SPENDING. THE REAL ANSWER IS PRIVATE SECTOR INVESTMENT AND COMMUNITY SUPPORT. MY PROPOSAL FOR YOUR CONSIDERATION TODAY IS THAT WE DIRECT THE CITY ADMINISTRATION TO ESTABLISH FOR THE FIRST TIME IN A DECADE, AN INNER-CITY HOUSING STRATEGY TASK FORCE FOCUSING ON RESIDENTIAL DEVELOPMENT IN OUR DOWNTOWN AREA AND NEIGHBORHOODS. THIS SHOULD BE IN OUR INNER-CITY A JOINT REGIONAL, PUBLIC/PRIVATE AND NON-PROFIT VENTURE, AND THE MODEL FOR WHAT I AM PROPOSING HAS BEEN DONE ON OTHER ISSUES IN THE PAST. LET US REMEMBER THAT IN THE 1980'S, ROANOKE EMBARKED ON THE HOMELESS STUDY, AND JUST LAST YEAR EMBARKED ON OUR COMMUNITY-WIDE, CITIZEN-BASED RENTAL HOUSING STUDY. THIS SAME KIND OF STRATEGY, A COLLABORATION OF OUR CITIZENS AND THEIR GOVERNMENT, AND INDUSTRY, AND CIVIC ORGANIZATIONS, 14 SHOULD NOW COME TOGETHER TO FOCUS AND TO PRESENT A COHESIVE, COMMUNITY-WIDE PLAN FOR DEVELOPMENT OF HOUSING IN OUR INNER-CITY. IT IS THE RIGHT THING TO DO. IT IS TIME TO GET ROANOKE'S HOUSING IN ORDER. SPECIFICALLY, I WOULD LIKE TO ASK THAT THE CITY MANAGER MEET WITH THE LEADERS OF THE HOUSING AUTHORITY AND THEIR NEW EXECUTIVE DIRECTOR, AND OTHER CIVIC GOVERNMENT AND NEIGHBORHOOD LEADERS, TO FORM THIS TASK FORCE. LET US JOIN IN THE PRESIDENT'S URBAN HOMESTEAD INITIATIVE TO GIVE POLICE OFFICERS, SHERIFF'S DEPUTIES AND OTHER LAW ENFORCEMENT OFFICERS AN OPPORTUNITY TO PARTICIPATE IN THAT FIFTY PERCENT DISCOUNT ON PURCHASING GOVERNMENT-OWNED HOMES IN THE INNER-CITY. LET US JOIN ALSO IN THE PROGRAM TO PROVIDE FIRST-TIME BUYERS A $200 BREAK ON CLOSING COSTS. LET US JOIN IN THE PROGRAM TO GIVE WORKING FAMILIES THE CHANCE TO MOVE FROM BEING RENTERS TO 15 OWNERS WITH THE HELP OF THE FEDERAL VOUCHER PROGRAM. INDEED, THE GOAL OF THE URBAN HOMESTEAD INITIATIVE IS TO NARROW THE CITY/SUBURBAN HOME OWNERSHIP GAP. I ALSO WANT TO PROPOSE THE ESTABLISHMENT OF A HISTORIC PROPERTIES PRESERVATION FUND AND A NEW CONSTRUCTION INVESTMENT FUND. AS WE GO FORWARD WITH THIS STRATEGIC PLAN TO REVITALIZE INNER-CITY RESIDENTIAL NEIGHBORHOODS, WE MUST UNDERSTAND THAT IT WILL TAKE A SIGNIFICANT INVESTMENT IN PUBLIC FUNDS TO JUMP-START HOUSING DEVELOPMENT IN THE DOWNTOWN AREA AND INNER-CITY NEIGHBORHOODS, AND AS INDICATED AT THE OUTLOOK ROANOKE PROGRAM THE OTHER EVENING, WE MUST NOT ONLY LOOK TO RENOVATING OLDER STRUCTURES, WE MUST INVEST IN NEW CONSTRUCTION IN THE INNER-CITY AND DOWNTOWN AREA IN ORDER FOR THESE NEIGHBORHOODS TO SUCCESSFULLY COMPETE WITH OTHER NEIGHBORHOODS THROUGHOUT OUR ENTIRE REGION. I WOULD LIKE TO BELIEVE THAT WE ARE AT THE BEGINNING STAGES OF REVERSE URBAN FLIGHT. WHEREAS, CITIZENS THROUGHOUT THIS NATION HAVE BEEN FLEEING THE INNER-CITY TO THE SUBURBS, I BELIEVE THAT WE ARE GOING TO BEGIN TO SEE THE OPPOSITE, AND I WANT ROANOKE TO BE READY FOR IT WITH DECENT, AFFORDABLE, UPSCALE, OLD, RENOVATED AND NEW HOUSING IN OUR INNER-CITY SO THAT THE MARKETPLACE WILL ENCOURAGE PEOPLE TO MAKE THEIR OWN INVESTMENT IN THEIR OWN HOME, RIGHT SMACK DAB HERE IN THE CENTER OF EVERYTHING THAT IS GOING ON IN WESTERN VIRGINIA. WHAT WE ARE REALLY DOING IS MASSAGING THE HEART OF ROANOKE SO THAT IN THE FUTURE NOT ONLY WILL ROANOKE BE THE ENTERTAINMENT CENTER OF WESTERN VIRGINIA, NOT ONLY WILL ROANOKE BE THE CENTER OF JOBS AND ECONOMIC; DEVELOPMENT AND THE RETAIL CENTER OF THIS REGION, BUT ROANOKE WILL ALSO CONTINUE TO BE THE GREATEST PLACE: IN WE$TERN VIRGINIA IN WHICH TO LIVE AND RAISE A FAMILY. THAT $HOULD BE OUR GOAL. AS I HAVE SAID TO YOU OFTEN, MY OATH AS MAYOR OF' ROANOKE MEANS TO ME THAT WE MUST HELP THIS CITY "TC, THRIVE," AND THIS HOUSING INITIATIVE, COMBINED WITH THE: HIGHER EDUCATION CENTER, WILL DO JUST THAT. THIRDLY, I WANT U$ TO CONTINUE TO WORK ON IMPROVING, GOOD RACE RELATIONS IN ROANOKE. WHEN I GREW UP IN THIS CITY AND GRADUATED FROM PATRICK HENRY HIGHI $CHOOL IN 1970, IT WAS $EGREGATED. AFRICAN AMERICANS AND WHITE CITIZENS DID NOT GO TO $CHOOL TOGETHER. WE: HAVE COME A LONG, LONG WAY SlNCE THE DAYS OF SEGREGATED BUSES, AND SEGREGATED LUNCH COUNTERS,, 3.8 AND SEGREGATED SCHOOLS. BUT STILL, JUST WITHIN THE LAST YEAR, ROANOKE WAS LISTED AS ONE OF THE MOST SEGREGATED CITIES IN OUR NATION, AND THAT IS SOMETHING THAT I CAN NOT BE PROUD OF AS A ROANOKER. WE CAN DO BETTER AND WE MUST DO BETTER. LIKEWISE, WE MUST UNDERSTAND THAT WE ARE NOT JUST DEALING WITH BLACKS AND WHITES IN THIS COMMUNITY. WE ARE NOW A MULTI-NATIONAL, MULTI-CULTURAL, MULTI-ETHNIC COMMUNITY. AT THE LOCAL COLORS EVENT HELD BACK IN APRIL, WHICH 25,000 PEOPLE FROM OUR REGION ATTENDED, OUR AMBASSADOR OF GOOD WILL, PEARL FU, TOLD ME THAT FORTY-THREE DIFFERENT NATIONALITIES PARTICIPATED. A MONTH LATER, SHE TOLD ME THAT SIX MORE NATIONAL GROUPS HAVE ORGANIZED TO PARTICIPATE IN NEXT YEAR'S EVENT, FOR A TOTAL OF FORTY-NINE DIFFERENT NATIONALITIES...HERE IN ROANOKE, VIRGINIA. I THINK THAT IS GREAT AND I THINK WE SHOULD CONTINUE TO CELEBRATE AND HONOR THE INTEGRATION OF OUR SOCIETY, PRIMARILY BLACK AND WHITE, BUT ALSO RECOGNIZING THAT ROANOKE IS NOW HOME TO MANY HISPANICS, ASIANS, SOUTH AMERICANS, EASTERN EUROPEANS -IN FACT, ROANOKE IS NOW HOME TO PEOPLE FROM ALL OVER THE WORLD. LADIES AND GENTLEMEN, I THINK OF THIS COUNCIL AS BEING AN "IDEA FACTORY," WHERE WE CAN TALK ABOUT THE GOOD THINGS THAT WE NEED TO DO, AND WE CAN WORK ON THE PROBLEMS THAT WE HAVE. I THINK WE SUCCEED WHEN WE PROVIDE A MORAL VISION FOR OUR COMMUNITY. AND WE ARE DOING THAT WHEN WE SUPPORT AN EVENT AT WHICH 25,000 PEOPLE COME INTO DOWNTOWN ROANOKE IN THE SPRINGTIME TO CELEBRATE THE MULTI-CULTURAL ASPECTS OF OUR REGION. 20 AND YET, ONE DAY IS NOT ENOUGH. THERE ARE THREE HUNDRED AND SIXTY-FOUR OTHER DAYS IN THE YEAR WHEN WE MUST PROVIDE THE MORAL LEADERSHIP AND THE MORAL VISION TO MAKE SURE THAT IN EVERY ASPECT, HOUSING AND JOBS, AND GOVERNMENT, AND CELEBRATIONS TOO, WE ARE CONTINUING TO INTEGRATE OUR GREAT ALL-AMERICAN COMMUNITY OF ROANOKE. ACCORDINGLY, I WOULD ASK THAT THE CITY MANAGER BE DIRECTED TO MEET WITH LEADERS OF MULTI-CULTURAL AND ETHNIC GROUPS IN OUR REGION TO FORMULATE A NEW EFFORT TO PROMOTE GOOD RACE RELATIONS, DIALOGUE, TOLERANCE AND INTEGRATION AMONG THE MANY ETHNIC GROUPS OF OUR CITY AND SUPPORT, FINANCIALLY, THE LOCAL COLORS PROGRAM. WHAT WE ARE PROPOSING IS REALLY TO CONTINUE INTO THE NEXT CENTURY THE AMERICAN DREAM FOR ALL OF OUR CITIZENS. THE CELEBRATION OF LOCAL COLORS SHOULD BE SUPPORTED BY THIS CITY - MORE THAN JUST ONE DAY A YEAR. FINALLY, ROANOKE'S PEOPLE DO NOT WANT US TO SIT UP HERE AND PAT OURSELVES ON THE BACK. THEY WANT US TO GET THE JOB DONE AND SOLVE THE PROBLEMS THAT ARE FACING THEM IN THE LAST FEW YEARS OF THIS MILLENNIUM. BUT, GOVERNMENT WILL NOT SOLVE THESE PROBLEMS ALONE. WE WILL JOIN WITH OUR PEOPLE TO SOLVE OUR PROBLEMS. WE WILL JOIN WITH THE PRIVATE SECTOR, AND INDIVIDUAL INITIATIVES, AND COMMUNITY GROUPS TO MAKE THIS CITY AN EVEN GREATER PLACE TO LIVE, WORK AND VISIT. WE HAVE COME SO FAR, AND YET WE HAVE A LONG WAY TO GO, AND MY PLEDGE AS MAYOR, AND THE PLEDGE OF THIS COUNCIL, IS THAT WE WILL WORK HARD TO SOLVE THE PROBLEMS OF OUR COMMUNITY. WE ARE A COMMUNITY OF ALL-AMERICAN, HARD-WORKING PEOPLE, AND YET THAT STAR WHICH IS SOON TO SHINE ONCE AGAIN ON OUR MOUNTAIN IS OUR SYMBOL, BECAUSE IT INDICATES THAT WE ARE ALWAYS REACHING FOR OUR STARS, WE ARE REACHING FOR THE DREAMS IN OUR LIVES. THAT IS WHAT ROANOKE HAS ALWAYS MEANT TO ME, AND THAT IS WHAT WE ARE GOING TO CONTINUE TO DO IN THIS "IDEA FACTORY" OVER THE NEXT SEVERAL YEARS: TO TAKE CARE OF THE BUSINESS OF THIS CITY ON A DAY-TO-DAY, FISCALLY CONSERVATIVE, SOUND, PRACTICAL, MULTI-CULTURAL BASIS, AND YET, TO CONTINUE TO DREAM THE DREAMS AND REACH FOR THE STARS. THE ROANOKE STAR, EACH YEAR, MUST ALWAYS SHINE BRIGHTER THAN THE YEAR BEFORE. 23 MINUTES CONSIDERED AT THIS COUNCIL MEETING MAY BE REVIEWED ON LINE IN THE "OFFICIAL MINUTES" FOLDER, OR AT THE CITY 'CLERK'S OFFICE DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue, S.W., Room 452 Roanoke, Virginia 24011 - 1594 Telephone: (540) 981-3M4 Fax: (540) 853-1145 July 7, 1997 The Honorable Vice-Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: I wish to request an Executive Session to discuss vacancies on various authorities, boards, commissions and committees appointed by Council, pursuant to Section 2.1-344 (A)(1), Code of Virginia (1950), as amended. Sincerely, Mayor DAB:sm DAVID A. BOV~rERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 CHURCH AVENUE S.W. - ROOM 452 ROANOKE, VIRGINIA 24011-1594 TELEPHONE: (540) 853-2444 FAX: (540) 853-1145 July 7, 1997 The Honorable Vice-Mayor and Members of Roanoke City Council Dear Members of Council: I want to take this opportunity to announce that I am appointing Councilman Jim Trout to serve as the new Chairman of the Economic Development Commission. At the outset, please let me express my sincere thanks, on behalf of the Members of Council and our entire community, to Senator Granger Macfarlane for his service as Chairman of the Commission over the last several years. As you know, Granger will continue to serve on the Commission, but he has just recently also been appointed by City Council to serve on the Roanoke Regional Airport Commission. Accordingly, after consultation with Senator Macfarlane and Councilman Trout, I am of the belief that it would best serve the interests of the Commission and the interests of economic development in our City if Councilman Trout, a long-time advocate for industrial and business growth in our community, should serve as the new Chairman of the Economic Development Commission. I appreciate your support for this nomination, and would ask that you join with me in thanking Senator Macfarlane for his service, and in commending Councilman Trout as the new Chairman of the Roanoke Economic Development Commission. Sincerely, Mayor DAB: js pc: The Honorable J. Granger Macfarlane, Post Office Box 201, Roanoke, Virginia 24002 MINUTES OF TItE AUDIT COMMITTEE OF ROANOKE CITY COUNCII, June 2, 1997 1. CALL TO ORDER: The meeting of the Roanoke City Audit Committee was called to order at 1:00 p.m. on Monday, June 2, 1997, with Chairman, William White, Sr., presiding. · The roll was called by Ms. Barger Audit Committee Members Present: William White, Sr., Chairman Mayor David Bowers C. Nelson Harris Carroll E. Swain Others Present: Robert H. Bird, Municipal Auditor W. Robert Herbert, City Manager Wilbum C. Dibling, Jr., City Attorney Linda F. Wyatt, Vice Mayor Marsha C. Fielder, Commissioner of the Revenue Will Claytor, Director Real Estate Valuation James McClung, Manager Fleet Management Major Viar, Acting Chief of Police George C. Snead, Jr., Director of Public Safety Mike Crew, Manager of Accounting Services William F. Clark, Director of Public Works Gladys Yates, Assistant City Attorney Dana Long, Chief of Billings & Collections Gerri Rorer, Tax Compliance Administrator Kenneth F. Mundy, Controller School Board Thomas F. Baldwin, Assistant Municipal Auditor Denise E. Stewart, Senior Auditor Evelyn W. Barger, Administrative Assistant Judy M. Taylor, Senior Auditor Robert S. Renaud, Auditor Tim Shock Todd Seigel Richard Chubb Channel 7 News Team EXTERNAL AUDITS: Ae B. C. D. I~MG Peat Marwick General Audit Plan - June 30, 1997 Sheriff's Canteen Fund Jail Inmate Fund Clerk of Circuit Court Audit Committee Minutes -2- June 2, 1997 Mr. White ordered that the external audit reports be received and filed. There were no objections to the order. Chairman White recognized Mr. Bird who briefed the Committee on the KPMG Peat Marwick General Audit Plan for Fiscal Year 1997. Mr. Bird asked the in-charge auditor to summarize the other reports. Ms. Taylor briefed the Committee on the Sheriff s Canteen Fund and the Jail Inmate Fund reports. Mr. Renaud briefed the Committee on the Clerk of Circuit Court. INTERNAL AUDITS A. Controls Evaluations: · Fleet Management · Personal Property Mr. White ordered that the Fleet Management audit report be received and filed. There were no objections to the order. Mr. White recognized Mr. Bird for comments. Mr. Bird asked the in-charge auditor, Mrs. Stewart to brief the Committee on the Fleet Management report. There were several questions from the Committee members regarding this report. Mrs. Stewart informed the Committee that management was working toward making changes to the Fleet Management. Mr. McClung informed the Committee that he was in the process of establishing a re-engineering team to address the audit issues. Municipal Auditing will report the outcome to the Audit Committee in March, 1998. Mr. Bird briefed the Committee on each of the recommendations in the Personal Property System. Mrs. Fielder responded to each of the findings. There was discussion and questions by the Committee members. Mr. White asked Mr. Bird and Mrs. Fielder to report back to the Committee. Mr. Bird and Mrs. Fielder agreed to follow-up on these items and, Municipal Auditing will report the results to the Audit Committee at the October 1997 meeting. B. Substantive Testing: · Police Department Cash Funds Mr. White ordered that the Police Department Cash Funds audit report be received and filed. There were no objections to the order. Mr. Bird recognized the in-charge auditor to summarize the report. Ms. Taylor briefed the Committee on the Police Department Cash Funds audit report. There were no questions from the Committee. Audit Committee Minutes -3- June 2, 1997 4. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: Municipal Auditing 1998 Audit Plan Roanoke City School Activity Funds Planning Memo Mr. White ordered to receive and file the Municipal Auditing 1998 Audit Plan. There being no objections from the Committee members, the order was approved unanimously. Mr. Bird informed the Committee that this was the last time this report would be presented in this format. Auditing is going through a departmental seW-assessment that is expected to change procedures considerably. Mr. Bird said he will keep the Committee informed of changes as they are made. Mr. Bird reported that we will be auditing the Roanoke City School Activity Funds and that he has asked the School Board to compensate the Auditor's office for performing these audits. At the present time we receive no compensation for this work. The money will be used to update computer equipment in the Auditor's office to accommodate new sofrware that the School Board is using in the schools. 6. ADJOURNMENT: There being no further business, the meeting adjourned at 1:55 p.m. William White, Sr., Chairman 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File ~40 Gilbert E. Butler, Jr., Secretary Roanoke City Electoral Board P. O. Box 1095 Roanoke, Virginia 24005 Dear Mr. Butler: Your communication transmitting an abstract of votes cast in the Republican and Democratic Primary Election held in the City of Roanoke on June 11, 1997, was before the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. On motion, duly seconded and adopted, the communication was received and filed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Louella C. Thaxton, Registrar Roanoke City Electoral Board June 11, 1997 Charles T. Green, Chairman Frances V, Garland, Vice Chairman Gilbert E. Butler, Secretary Mrs. Mary F. Parker City Clerk Room 454, Municipal Building Roanoke, VA 24011 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 Republican and Democratic Primary Election held in the City of Roanoke on June 11, 1997. Roanoke City ~A'lectoral Board GEB, JR./lct. Attachment Room 109, Municipal No~h 215 Chumh Avenue, S. W, Roanoke, Virginia 24011 (703) 981-2281 Fax (703) 224-3025 P. O. Box 1095, Roanoke, Virginia 24005 .4 RSTRACT OF VOTES castin the Roanoke at the June 10, 1997 Democratic Primary Election for: ,Virginia, COMMISSIONER OF REVENUE NAMES OF CANDIDATES ON BAllOT Narsha Compton Fielder TOTAL VOTES RECEIVED fin FIGURES) 1,427 3,162 Sherman A. Holland We, the undersigned Electoral Board, upon exam/nat/on of the official records deposited with the Clerk of the Circuit Court of the elect/on held on June 10, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Elect/on and do, therefore, determine and dec/are that the following person has received the greatest number of votes cast for the above off/ce in said election: Sherman A. Holland Given under our hands this 1 lth day of June, 1997. copy teste: Board ,/ / ~-- ~/~..v,~×, Chairman ~~~, Vice Chairman ,Secretary Secretary, Electoral Board PtSTRACT OF VOTES cast in the Roanoke at the June 10, 1997 Republican Primary Election for: · Virginia. ATTORNEY GENERAL K. W. "KEN" STOLLE ........................ 30t GILBERT K. DAVIS .......................... 3O0 MARK L. EARLEY .......................... JERRY W. KILGORE ......................... 533 (IN F~URES] We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 10, 1997, do hereby certify that the above is a true and correct Abstract of Votes cast at said Republican Primary Election for the above office. Given under our hands this llth day of June, 1997. A copy teste: Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #15-110-202 Kenneth S. Cronin, Secretary Personnel and Employment Practices Commission Roanoke, Virginia Dear Mr. Cronin: This is to advise you that on June 25, 1997, Alphonzo L. Holland, Sr., qualified as a member of the Personnel and Employment Practices Commission for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Sandra H. Eakin, Deputy City Clerk H:~AGENDA.~P~JULY.7 Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, Alphonzo L. Holland, Sr., 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 Personnel and Employment Practices Commission for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this ~ day of 1997. ARTHUR B. CRUSH, III, CLERK ,B~PI::)~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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #15-110-450 The Honorable James O. Trout, Chair Economic Development Commission 2102 Stephenson Avenue, S. W., Unit 18 Roanoke, Virginia 24014 Dear Mr. Trout: This is to advise you that on June 27, 1997, William L. Bova qualified as a member of the Economic Development Commission for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/,~AE City Clerk MFP:sm pc: Phillip F. Sparks, Secretary, Economic Development Commission Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, William L. Bova, do solemnly swear (or aWn'm) 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 Economic Development Commission for a term ending June 30, 2000, according to the best of my ability. So help me God. une Subscribed to and sworn to before me thisrgr~J day of~7~ 1997. ARTHUR B. CRUSH, III, CLERK ,~TY 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #15-110-326 Wayne G. Strickland, Secretary Fifth Planning District Commission P. O. Box 2569 Roanoke, Virginia 24010 Dear Mr. Strickland: This is to advise you that on July 1, 1997, J. Lee E. Osborne qualified as a City representative to the Fifth Planning District Commission for a term ending June 30, 2000. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: John R. Marllee, Chief, Planning and Community Development Sandra H. Eakin, Deputy City Clerk Oath or Affirmation of Office Commonwealth of Virginia, City of Roanoke, to-wit: I, J. Lee E. Osborne, 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 City representative to the Fifth Planning District Commission for a term ending June 30, 2000, according to the best of my ability. So help me God. Subscribed and sworn to before me this/4./'day of~_ ARTHUR B. CRUSH, III, CLERK 1997. , DEPUTY CLERK H;',AG ENDA,97~REAPPOIN.WPD Mary F. Parker, CMCIAAE c~ c~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File ~7~6-178 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997, Mr. H. Joel Kelly, 3038 Melrose Avenue, N. W., Apartment 402, addressed Council with regard to possible solutions concerning Roanoke City housing issues. On motion, duly seconded and adopted, Mr. Kelly's remarks were referred to you. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm pc: Mr. H. Joel Kelly, 3038 Melrose Avenue, N. W., Apartment 402, Roanoke, Virginia 24017 Rose M. Woodford, Executive Secretary, City Manager's Office 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 3, 1997 The Honorable Mayor and Members of the Roanoke City Council Roanoke, Virginia Dear Members of Council: Mr. Kelly requested that I send the Members of Council copy of Ordinance 32989-061796 adopting the Rental Certificate of Compliance Program and copy of a report of the Housing Development Strategic Plan Task Force dated March 1988, "A housing development strategic plan concerning housing issues and opportunities in the City of Roanoke." Due to copying expenses for the two documents (approximately 80 pages), I have not provided copies with the agenda package; however, if any Member of Council would like to receive a copy of either document, I will be pleased to honor your request. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm IN THE COUNCIL OF THE CITY OF ROANOKE, The 17th day of June, 1996. No. 32989-061796. VIRGINIA, AN ORDINANCE creating Article II.2, Rental Certificate of Compliance, of Chapter 7, Buildinq Requlations, of the Code of the City of Roanoke (1979), as amended, to provide for the inspection of rental dwellings and dwelling units in the City of Roanoke, and repealing Article IV, Occupancy Permits, of Chapter 16, Human Riqhts, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 7, Buildinq Requlations, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by the addition of a new Article II.2, Rental Certificate of Compliance, to read and provide as follows: ARTICLE II.2. RENTAL CERTIFICATE OF COMPLIANCE. Sec. 7-34. Purpose and intent. The city council finds that certain residential rental housing, when not the subject of either regular inspections, or inspections upon a change in tenancy, to ensure compliance with applicable building maintenance regulations, may become unsafe, a public nuisance, and unfit for human habitation. The city council further finds that certain residential housing areas within the city, designated as conservation and rehabilitation districts, are in need of a housing inspection program to prevent property deterioration and neighborhood blight, and to protect the public health, safety and welfare by ensuring proper building maintenance and compliance with applicable building regulations in rental dwellings. Sec. 7-35. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Change in occupancy - means the vacation of a dwelling or dwelling unit by any tenant and the subsequent occupancy of such dwelling or dwelling unit by a new tenant or tenants. Dwelling - means any single structure which is a place of residence, including, but not limited to, condominiums, efficiencies, townhomes, manufactured or mobile homes, single-family homes, two-family homes, multifamily homes or multifamily apartments. The term "dwelling" shall not include hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments held out for transients, unless such establishments rent primarily to occupants for more than thirty (30) continuous days. Dwelling unit - means a single unit providing complete, independent living facilities for one or more persons, or a single habitable unit contained within a dwelling which is an establishment which rents primarily to occupants for more than thirty (30) continuous days. The term "dwelling unit" shall not include units within hospitals, nursing homes, convalescent homes or similar facilities providing medical care to the aged, infirm or disabled, or hotels, motels, inns and other establishments held out for transients, unless such establishments rent primarily to occupants for more than thirty (30) continuous days. Inspection or inspected - means an inspection conducted by the city manager. Managing agent - means any person having the authority, singly or in combination with another, to enter into an agreement for the occupancy of property subject to this article. Multiple-family rental complex - means any dwelling, or series of dwellings, consisting of no less than 20 dwelling units, occupied for valuable consideration, on a single lot or adjacent lots under common ownership. The term "multiple-family rental complex" shall not include mobile homes under common ownership in a mobile home park or subdivision, and such term shall not include single-family homes, two-family homes, or townhouses under common ownership. 2 Owner - means any person holding title to real property in the City of Roanoke as reflected in the public records of any circuit court, the Commissioner of Revenue, City Treasurer or City Clerk. The word "owner" shall not include any person who merely holds a deed of trust on real property. Property - means dwellings and dwelling units which are leased or rented, in whole or in part, to tenants. Tenant - means any person who is not a~ owner of the dwelling or dwelling unit which he occupies. The word "tenant" shall not include any person who occupies the same dwelling unit with any owner of such dwelling unit, or any person related by blood or marriage to the owner and occupying the same dwelling with such owner. Uniform Statewide Buildinq Coder Volume I - means the Uniform Statewide Building Code, Volume I, entitled the New Construction Code, as referred to and adopted by reference in section 7-13 of the Code of the City of Roanoke (1979), as amended, and any subsequent amendments to said Uniform Statewide Building Code, Volume I, or subsequent editions. Uniform Statewide Buildinq Code~ Volume II - means the Uniform Statewide Building Code, Volume II, entitled the Building Maintenance Code as referred to and adopted by reference in section 7-30 of the Code of the City of Roanoke (1979), as amended, and any amendments to said Uniform Statewide Building Code, Volume II, or subsequent editions. Sec. 7-36. Applicability. The provisions of this article shall apply to all dwelling units not occupied by any owner and all dwellings, exclusive of a dwelling unit occupied by any owner, which are located in the areas heretofore or hereafter designated by the city council as conservation or rehabilitation districts. A map showing the city's conservation and rehabilitation districts for purposes'of this article shall be available for public inspection in the Housing Development Office for the City of Roanoke. Sec. 7-37. Inspection and certificate of compliance required. (a) After July 1, 1996, no owner or managing agent of any dwelling or dwelling unit located in a conservation or rehabilitation district identified in section 7-36 of this article shall permit a change in occupancy of any such dwelling or dwelling unit, or permit a new tenant or tenants to occupy a dwelling or dwelling unit which is 3 vacant on the date the requirements of this subparagraph apply to such a dwelling or dwelling unit, unless the dwelling or dwelling unit shall be the subject of a valid certificate of compliance, a temporary waiver of compliance certificate, or a certificate of exemption. The requirements of this subparagraph shall not apply to any dwelling or dwelling unit, until the city manager has published in a newspaper published or having general circulation in the city notice, at least thirty (30) days in advance, of the initiation of the Rental Certificate of Compliance Program within the particular conservation or rehabilitation district, or a portion thereof, in which the dwelling or dwelling unit is located, and until an inspection of the dwelling or dwelling unit pursuant to this article has been scheduled. (b) Compliance with the terms of this article shall be evidenced by a certificate of compliance issued by the city manager. Except as otherwise noted in this article, a certificate of compliance shall be valid for two years from the date of issuance, or until any tenant occupying a dwelling or dwelling unit on the date of the expiration of such two year period vacates such dwelling or dwelling unit. (c) The consent of any owner, managing agent or tenant, shall be required before any inspection pursuant to subsection (a) of this section is performed, unless the inspection is conducted pursuant to other lawful means. (d) In no compliance tenant of applicable pertaining event shall the issuance of a certificate of serve to exempt the owner, managing agent or the property from compliance with all statutes, laws, ordinances and regulations to housing. Sec. 7-38. Exemptions. (a) A certificate of compliance shall be issued, and no inspection shall be required within three years of the issuance of a certificate of occupancy, for a new dwelling or dwelling unit constructed under the provisions of the Uniform Statewide Building Code, Volume I, in effect at the time of the construction. (b) A certificate of compliance shall be issued, and no inspection shall be required within three (3) years of the date of issuance, upon the Building Commissioner's written determination that a dwelling or dwelling unit which has been the subject of a building permit for substantial rehabilitation or repair, which rehabilitation or repair meets the requirements of the Uniform Statewide Building Code, Volume I, and the extent of the rehabilitation or repair renders the entire dwelling or dwelling unit equivalent to new construction 4 with respect to the general public health, safety and welfare. Sec. 7-39. Certificate of Exemption. (a) The city manager may issue a certificate of exemption for any dwelling unit in a multiple-family rental complex ("rental complex") strictly meeting each of the following criteria: No less than ten (10) of the dwelling units within the rental complex have been randomly selected, inspected and approved under the terms of this article; and (2) At the time of the inspections, no violations of the Uniform Statewide Building Code, Volume II, exist within the dwelling units or dwellings so inspected. (b) A certificate of exemption shall be valid for a period of two years from the date of issuance. (c) If the city manager determines during any two-year exemption period that one or more substantial violations of applicable building regulations in effect existed at the time of the inspection pertaining to the condition of any dwelling or dwelling unit contained in the rental complex, the city manager may revoke the certificate of exemption. Prior to any such revocation, the city manager shall send by first class mail written notice to the owner or managing agent, specifying the nature of the violations found and the date upon which the revocation of the certificate of exemption will take effect. Proof of mailing to the last known address of the owner or managing agent of the property, by affidavit or otherwise, shall be sufficient evidence that the notice was received. (d) The issuance of a certificate of exemption shall exempt the owner or managing agent from the requirements of inspections within this article. In no event does the issuance of a certificate of exemption serve to exempt the owner, managing agent or tenant from compliance with all applicable statutes, laws, and ordinances, including the Uniform Statewide Building Code, Volume II. Sec. 7-40. Issuance of certificate of compliance. (a) The city manager shall issue a certificate of compliance if, upon inspection, the dwelling or dwelling unit complies with the Uniform Statewide Building Code, Volume II. The owner or managing agent will be entitled to receive a certificate of compliance immediately upon the city manager's determination that a dwelling or dwelling unit complies with the Uniform Statewide Building Code, Volume II. (b) If the dwelling or dwelling unit fails to comply with any one or more of all applicable building regulations set forth in the Uniform Statewide Building Code, Volume II, the city manager shall furnish the owner, managing agent or tenant with a written list of specific violations and the time frame within which to correct said violations. Failure to list any violation shall not be deemed a waiver of such violation. Upon the completion of all corrections and repairs, the owner, managing agent or tenant shall request a reinspection of the dwelling or dwelling unit. Sec. 7-41. Temporary waiver of compliance. (a) A temporary waiver of compliance certificate may be issued for any dwelling or dwelling unit which is inspected pursuant to this article and fails to comply with regulations set forth in the Uniform Statewide Building Code, Volume II. Such temporary waiver of compliance certificate may be issued only upon a determination by the city manager that: (1) The work necessary to bring the dwelling or dwelling unit into compliance with the Uniform Statewide Building Code, Volume II, can be reasonably undertaken and completed while the premises are occupied without endangering the safety of the occupants of the property, or subjecting the occupants to any conditions rendering the dwelling or dwelling unit uninhabitable; and (2) The dwelling or dwelling unit can be brought into compliance with all applicable building code requirements within the period of time for which the temporary waiver of compliance certificate is issued not to exceed six (6) months. (b) A temporary waiver of compliance certificate shall authorize the occupancy of the dwelling or dwelling unit for such period of time as is reasonably necessary to remedy or correct all defects or violations by reason of which the certificate of compliance was refused. Every temporary waiver of compliance certificate shall set forth the period of time for which temporary occupancy is authorized, such period of time not to exceed six (6) months. The failure of the owner, managing agent or tenant to complete all corrections within the specified period of time shall constitute a violation of this 6 article. Sec. 7-42. Display of Proof of Compliance. (a) Any sticker issued in connection with, and evidencing the issuance of, any certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, may be adhered to the dwelling or dwelling unit to which it applies. No such sticker may be adhered to any dwelling or dwelling unit for which the sticker was not intended, or issued, and the use of such a sticker shall not be mandatory. (b) No sticker referenced in subsection (a) of this section may be displayed upon the receipt of the city manager's notice of revocation of a certificate of exemption, and no sticker relating to a certificate of compliance or temporary waiver of compliance certificate which has expired shall be displayed. Sec. 7-43. Alteration of Proof of Compliance. No person may deface or alter a certificate of compliance, temporary waiver of compliance certificate, certificate of exemption, or sticker issued in connection therewith, in whole or in part, without the written permission of the city manager. Sec. 7-44. Fees. The fees for inspections shall be as set forth in the Fee Compendium as amended from time to time by the city council. Sec. 7-45. Appeals. (a) Any person aggrieved by any determination or decision of the city manager made pursuant to this article shall have the right to appeal such determination or decision within twenty-one (21) calendar days of such determination to the building commissioner for the city. Notice of such appeal shall be in writing, on forms provided by the city manager, shall specify the grounds of appeal, and shall be delivered to the building commissioner for the city prior to the expiration of the twenty-one (21) calender day period. The building commissioner, or his designee, shall meet with the person aggrieved by the determination or decision of the city manager within five (5) business days of receipt of such notice of appeal to consider the appeal, unless the owner or his managing agent agrees, in writing, to an extension. Any such aggrieved person may request that the building commissioner invite to the meeting persons deemed helpful in resolving the dispute. The building 7 commissi6ner shall render his decision within five (5) business days after such meeting. (b) Any person aggrieved by any determination or decision of the building commissioner made pursuant to this article shall have the right to appeal such determination or decision in accordance with the provisions of the Uniform Statewide Building Code, Volume II. (c) Nothing in this article shall be construed to limit, impair, alter or extend the rights and remedies of persons in their relationship of landlord and tenant as such rights and remedies exist under applicable law. (d) Nothing in this article shall be construed to relieve or exempt any person from otherwise complying with all applicable laws, ordinances, standards and regulations pertaining to the condition of buildings and other structures. (e) Nothing in this article shall be construed to limit the authority of the city manager to perform housing inspections in accordance with applicable law. Sec. 7-46. Penalties. (a) Any person willfully failing to comply with any requirement of this article shall be guilty of a misdemeanor in accordance with section 36-106 of the Code of Virginia (1950), as amended. (b) In addition to any penalty imposed for a violation of this chapter, any such violation may be corrected, removed or abated through court order or an appropriate suit in equity. Sec. 7-47. Regulations. The city manager is authorized to promulgate regulations not inconsistent with the terms of this article. 2. Article IV, Occupancy Permits, of Chapter 16, Human Rights, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 8 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 1996. No. 32990-061796. A RESOLUTION amending the City's Fee Compendium to establish fees in connection with the City's Rental Certificate of Compliance Program. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for inspections conducted in connection with the Rental Certificate of Compliance Program after the city manager has published notification and scheduled an inspection pursuant to section 7-37 of the Code of the City of Roanoke (1979), as amended: Inspection of a dwelling unit either (1) as scheduled pursuant to section 7-37 of the Code of the City of Roanoke (1979), as amended, before the issuance of the first certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption, applicable to a dwelling unit, or (2) before a certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption expires: (l) First, second or third inspection ........................ No charge (ii) Fourth and subsequent inspections.. $35.00 Inspection of a dwelling unit either (1) after the vacation by any tenant of the dwelling unit which has not been Inspected pursuant to section 7-37 of the Code of the City of Roanoke (1979), as amended, or (2) after a certificate of compliance, temporary waiver of compliance certificate, or certificate of exemption expires: (l) First inspection .................. $75.00 (ii) Any subsequent inspection ......... $35.00 each inspection 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees for inspections conducted in connection with the Rental Certificate of Compliance Program. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 6. The fees established by this Resolution shall remain in effect until amended by this Council. 7. This Resolution shall be immediately. in full force and effect ATTE ST: ~~ City Clerk. Office of the City Manager June 17, 1996 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia SUBJECT: Rental Inspections Program Dear Mayor Bowers and Members of City Council: On May 20, 1996, I presented the Rental Certificate of Compliance Program to you for your consideration. Due to residual concerns from some property owners regarding the program, the matter was carried over so we could attempt to resolve those remaining issues. Since May 20, those issues have been discussed by the Roanoke Property Investors Association and the committee that had worked on the design of this program since last year. While all interested parties are not in complete agreement with all aspects of the program, we have made further adjustments in its design and the ordinance establishing it. The revised ordinance and resolution presented to you for your consideration differ from the previous ordinance and resolution in the following significant ways: Section 7-35, Definitions - revised the definitions of dwelling and dwelling unit to include rooming houses within the program. Section 7-35, Definitions - "person in control" has been deleted as a defined term and in the text of the ordinance. "Owner," "Managing Agent," and "Tenant" are defined, and the ordinance is more explicit in its reference to each so as to avoid confusion as to applicability of parts of the ordinance to these three parties. Section 7-37, Inspection and certificate of compliance required - revised to clarify when a unit may or may not be re~nted upon vacancy. Specifically, after the program applies to a unit, that unit may not be rerented upon vacancy unless it has a valid certificate of compliance, a temporary waiver, or a certificate of exemption. Section 7-40, Issuance of certificate of compliance - subparagraph (A) is revised to clarify that a certificate of compliance will be issued at the completion of a passed inspection, if the owner or agent is present to receive the certificate. The City may not delay issuance of the certificate. Section 7-41, Temporary waiver of compliance - subparagraph C is deleted as being repetitive of the provisions of Section 7-37, which has been revised as described above. Section 7-39, Certificate of exemption, and Section 7-42, Display of certificates - revised to authorize an owner or managing agent to display evidence of an issued certificate but not to require such display. This issue was a major point from some rental owners, Room 346 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011-1591 (703) 981-2333 FAX (703) 224-3138 Page 2 June 17, 1996 although other interests supported the provision requiring a display. An owner or agent is also prohibited from displaying an expired or voided certificate, temporary waiver or exemption. Section 7-43, Alteration of proof of compliance, - a new section, prohibiting alteration to any certificates or proof of compliance, such as changinz dates or addresses. Section 7-45, Appeals - subparagraph (B) revised to reference the provisions of the Virginia Building Maintenance Code, which may change from time to time. Previous section 7-46, Notice by owner - deleted. The code section had required owners and managing agents to advise the city of rental properties owned or managed by them. This too was a point of concern by property owners, and the consensus of the committee was not to require such notice. The administration will attempt to gather the needed information through other means, including requesting information from property owners. 10. The Fee Compendium resolution has been revised to clarify when fees would apply. The program design that was presented to you last month has also been changed to be consistent with these adjustments. Attached to this letter is the outline with those revisions. If you have further questions about the adjustments that have been made in the Certificate of Compliance Program or any other provisions of the program as offered, I would be pleased to address them. Sincerely, W. Robert Herbert City Manager wRm/ra CCi Council Elect: The Honorable C. Nelson Harris The Honorable Carroll E. Swain The Honorable James O. Trout City Attorney Director of Finance Director of Public Works Director of Public Safety Building Commissioner Housing Development Coordinator Coordinator of Roanoke Neighborhood Partnership President of the Roanoke Regional Housing Network REVISED CITY OF ROANOKE RENTAL CERTIFICATE OF COMPLIANCE PROGRAM PROGRAM OUTLINE STATEMENT OF PURPOSE The intent of the rental certificate of compliance program is to protect the health, safety and welfare of residents of rental dwelling units, as well as the general public, and to enhance the good health and vitality of the City's oldest neighborhoods, by preserving the quality of remal housing in those areas. The program will accomplish this by encouraging good and regular maintenance and preventing gradual deterioration. In order to accomplish this, the program will provide for the inspection of rental units in conservation and rehabilitation districts desiguated by City Council, to insure their compliance with Building Maintenance Code standards. GENERAL PROVISIONS The City of Roanoke has adopted the Virginia Building Maintenance Code. Accordingly, all properties, regardless of use and location within the City, are required to be maintained to the standards of this Code. The rental certificate of compliance program does not affect those standards, but addresses only the administrative means of inspections specifically of rental units in designated conservation and rehabilitation districts of the City, to verify their compliance with the Code. All other buildings and areas of the City are subject to the same requirements for maintenance'and condition. After the effective date of the certificate of compliance program, any residential rental property in a conservation or rehabilitation district designated by City Council for the program will be subject to regular inspection by the Building Department as to compliance with the Building Maintenance Code. The objective is to inspect ail rental units in designated areas every two years, on a basis that is automatic, predictable, and organized. Individual rental unit~ in multi-family buildings, where the owner occupies one of the units, will also be subject to inspection. All owners of property in the areas designated for the program will be asked to certify whether the property is owner-occupied, rental, or vacant, and to verify the proper address of the responsible party to be contacted regarding the property, including receipt of legal notice. Any housing unit not occupied by the owner of record, i.e. in whose name the property deed is recorded, will be presumed to be either rental or potential rental and would be scheduled for regular inspection. Vacant units, not condemned, will be considered potential rental 10. units. Units that are condemned from a previous inspection would remain condemned, and their vacant status would be verified. If an owner willfully fails to allow a unit to be inspected at its scheduled time after notification has been issued pursuant to Section 7-37 of the City Code, or prior to the expiration of the certificate of compliance, the unit may not be rerented upon its vacancy without an inspection and issuance of a certificate of compliance, a temporary waiver, or a certificate of exemption. The owner will be sent notice of this restriction. WHEN INSPECTION REQUIRED Any property owner may request an inspection at any time. The owner must either schedule an appointment for the inspection, or arrange for the inspector to have access to the unit to be inspected. Inspections will be scheduled at least 30 days in advance, so property owners can prepare for and notify their tenants of the inspection. If the owner wishes to reschedule the inspection for convenience, he/she may do so twice with reasonable notice to the Building Department. A minimum of one week will be allowed between scheduled inspections, i.e. the owner would have the opportunity of three inspection appointments over a period of at least two weeks. If an owner fails to allow an inspection at any of the three appointments after notification has been issued pursuant to Section 7-37 of the City Code, or prior to the expiration of the certificate of compliance, he/she will be considered to be willfully failing to cooperate with the schedule of inspections. Owners are e~couraged to make arrangements for entry with their tenants well in advance of the scheduled inspection. While not required, it is strongly preferred that the property owner or his representative be present during the inspection, to discuss the findings of the inspection. The tenant's presence is also desirable, to participate in the inspection and the discussion of conditions and maintenance. If the unit becomes vacant after the notice of the scheduled inspection is given to the owner but before the scheduled inspection is made, the Building Department would prefer to conduct the inspection while the unit is vacant. Accordingly, the owner is asked to notify the Building Department of the vacancy and to schedule an expedited inspection of the vacant unit. Because this would be for the Building Department's convenience, there will be no fee or penalty for that inspection, on the same terms as if the inspection were performed according to schedule. Ifa unit is not inspected upon schedule and an inspection is to be performed with the tenant's permission or pursuant to a complaint, so that a certificate of compliance may result, the Building Department will attempt to contact the owner or managing agent to inform him/her that an inspection is to be made. 11. 12. 13. 14. All rental units in designated areas will be required to have a certificate of compliance. However, the inspection requirement may be relieved for certain units, as follows: A. N~Wly constructed units receiving a certificate of occupancy (C.O.) under the provisions of Volume I of the Uniform Statewide Building Code will be presumed to meet standards of the Building Maintenance Code and will be given a certificate of compliance, good for three (3) years. B. Units being substantially rehabilitated or rebuilt may also be given a three (3) year certificate of compliance and be exempted by the Building Commissioner from the requirement for inspections, upon his/her judgement that the rehabilitated unit meets the requirements of Volume I of the Statewide Building Code, and the extent of the work is basically equivalent to new construction and provides a level of assurance of safety of construction generally equivalent to new construction. C. A rental complex that consists of at least 20 rental units may have a random sample of no less than 10 units inspected. If all units inspected pass on the first inspection, and all common areas pass, the inspector may exempt the balance of the units from inspection. If later inspections of any exempted units reveal violations that apparently were present at the time of renting the units, or are not promptly corrected, the Building Commissioner may revoke the exemption from the inspection requirement. Periodically the Building Department will review records of real estate transfers to identify rental properties without certificates of compliance that may have been sold to new owners. The new owners will be contacted to arrange for inspections of the transferred units. A prudent buyer of rental property will determine whether the property has a valid certificate of compliance, prior to sale. For any unit that has not been inspected on schedule, or upon subsequent vacancy, or for any reason within a reasonable period of time at, er the implementation of the program, the Building Department may pursue all legal avenues available in order to perform the inspection. The City and the Redevelopment and Housing Authority are examining the feasibility of the Authority applying the standards of the Building Maintenance Code to its inspections of Section 8 rental units, instead of or in addition to HUD's housing quality standards. If such arrangements can be made, the Building Commissioner can delegate authority for Code inspections to the Authority inspectors for Section 8 units. Until that time, Section 8 units will be subject to an inspection every second year by the Building Department for compliance with the Building Maintenance Code and the certificate of compliance program, in addition to the annual inspection by the Authority for compliance with housing quality standards. INSPECTION STANDARDS 15. Any inspection will be based on provisions of the Virginia Building Maintenance Code. 16. 17. 18. Deficient conditions will be separated into three categories: A. Dangers to health and safety of the residents or public, presented by the building. Examples would include: · Hazardous wiring, such as bare conductors; · No operable heating system; · Major structural deterioration or defects. The unit would be condemned as not fit for use or occupancy until corrections are made. Failure to make corrections will result in prosecution for violation of the Code. B. Significant exterior and interior violations not immediately endangering health and safety but needing correction. Examples would include: · Structural defects not imminently endangering health and safety; · Windows and doors allowing significant air infiltration or not readily openable for emergency exit; · Accumulated debris or rubbish posing a fire or pest hazard; · Pest infestation. The owner will be given a notice of violations found and a "temporary waiver" for a period of time to correct these deficiencies, with that time depending upon the severity of the deficiencies, but not in any case exceeding 6 months. Failure to make corrections will result in prosecution for violation of the Code. A certificate of compliance would not be issued until all corrections are made. C. Technical or minor deficiencies or developing problems noted by the inspector, of which the owner should be aware and plan to address eventually, but which will not be cited as violations requiring correction. Examples would include: ·An aging roof but no substantial leaks; · Deteriorating masonry work; · Developing wood rot; · Peeling exterior paint. On future inspections, these items will be checked for worsening conditions and may be cited or prevent reissuance of a certificate of compliance. The inspection will be of the complete unit. Any deficiencies found will be noted on the inspection report by the inspector. The purpose of the inspection report will be to identify for the owner or the agent or contractor the deficiencies that must be corrected in order for the unit to receive a certificate of compliance. As there may be several ways to correct any deficiency, the inspection report typically will not specify the means to be used. The Building Maintenance Code assigns responsibility for some items to the resident, unless otherwise arranged with the owner, such as accumulation of garbage, rubbish, or hazardous materials inside a unit. A violation notice and order to correct any deficiencies found for which the tenant is responsible will be addressed to the tenant, with a copy to the owner. The tenant's failure to correct violations for which he/she is responsible may result in prosecution for violation of the Code. In order for owners to preinspect a unit and anticipate corrections that may be required, the 4 19. 20. 21. 22. 23. Building Department will provide to any interested party a sample of the inspection report it will use to inspect units, as well as a summary of provisions of the Building Maintenance Code. General guidelines for inspections standards will be prepared with the assistance of representatives from the community and will also be made available. CERTIFICATE OF COMPLIANCE The certificate of compliance or temporary waiver and/or notice of deficiencies will be issued to the owner or agent on the spot, at the time of inspection, if the owner or owner's agent is present, and mailed to the owner's or agent's address of record if he/she is not present. If deficiencies are found, a copy of the notice and inspection report will also be given to the tenant. A sticker will be given to the owner or agent, which, at the owner's/ agent's option, may be placed on the unit to reflect the results of the inspection, specifically: · Certificate issued, effective through a given date; · Deficiencies found, to be corrected; temporary waiver issued, through a given date; · Certificate of exemption issued, effective through a given date. If he/she wishes, the owner or agent may display the sticker as long as it is valid. A certificate of compliance will be effective for a period of 24 months. APPEALS An owner disagreeing with a determination of the inspector may request a modification of that finding from the Building Commissioner any time within 21 days of the determination. The Commissioner will discuss the owner's request with the owner and/or the owner's representative. If the Commissioner and the owner fail to agree, then at the option of the property owner, the Commissioner will convene an informal meeting with the owner and/or the owner's representatives to discuss the owner's request. The meeting may include advisors to the Building Commissioner, including representatives from rental property owners, neighborhood residents, tenants or tenant advocates, and other inspectors. The Commissioner will reach a decision within five working days of the meeting. If the Building Commissioner declines to grant the requested modification, tho owner may appeal to the Board of Building Code Appeals, as prescribed in the Building Maintenance Code. INSPECTION FEES If Inspection Is Performed On Scheduled Basis: A. Inspections on the regularly scheduled basis will maximize the convenience and efficiency of the Building Department, in addition to that of owners and occupants of units to be inspected. Consequently, if the inspection is performed at the request of the Building Department on its routine basis, or at the request of the owner, there will be no charge for the initial inspection. 5 If the unit fails to pass on initial inspection, a second and third inspection to verify that cited violations have been corrected will be at no charge. If however the unit fails to pass at the third inspection, the fourth and any subsequent inspection for deficiencies cited at the initial inspection will incur a $35 reinspection fee. 24. If Inspection Is Not Performed On Schedule: A. Inspections requiring rearrangement of priorities and scheduled work reduce the Building Department's efficiency. Accordingly, an inspection fee of $75 will be charged to the owner of a unit that either: · had been scheduled by the Building Department for inspection on three occasions (see section 7); and · has not been inspected; and · is later inspected due to vacancy (see section 5); or2 · is inspected after its certificate of compliance expires. B. Any reinspections performed on such a unit to verify corrections of violations cited upon the initial inspection will incur a $35 reinspection fee. C. A property owner may avoid these charges by cooperating with the schedule of inspections. INSPECTION FEES ON SCHEDULED BASIS UPON VACANCY Initial Inspection No Charge $75 2nd Inspection No Charge $35 3rd Inspection No Charge $35 4th and Later $35 $35 Inspection 25. 26. Upon reinspection, there may be Code violations found that were not cited upon earlier inspection, either because the condition did not exist or it was not observed by the inspector. The inspector will cite such conditions when they are found, but they will not trigger an inspection charge unless they are uncorrected upon subsequent reinspection. PENALTIES AND FINES Renting a vacant unit without either a certificate of compliance, temporary waiver, or certificate of exemption will be a violation of the program and will be punishable in accordance with Sec. 36-106 of the Code of Virginia. An owner convicted by the court for a violation of this may be fined up to $2500, with minimum fines of $1000 for a second 6 27. 28. 29. offense within 5 years, $500 for a second offense within 10 years, and $1500 for a third offense within 10 years. PHASED IMPLEMENTATION The program will be initiated on a limited basis, in order to test and refine administrative procedures. A schedule for expanded implementation of the program, specifically establishing a schedule of inspections by the Building Department, will be determined by the administrative resources that may be devoted to it. The program provisions will apply to all eligible conservation and rehabilitation districts designated by City Council, with full application to all rental properties in conservation and rehabilitation districts intended within 2 years. A notice will be mailed to ail property owners with units to be affected by the program, informing them of the program, its purpose and operation, including general program requirements and property maintenance standards. Individual owners will be notified by mail of the scheduled date and approximate time of the planned inspection of their units. Workshops and meetings will be offered periodically to interested owners and others regarding provisions of the program. Real estate agents, attorneys, and lenders will be notified of the program as well, for the benefit of their clients. Ongoing evaluation of the program's operation will be necessary to its efficient implementation. The City will also perform a specific evaluation of the program's effectiveness, as well as the efficiency of its procedures, approximately 24 months aRer its inception. This evaluation will involve representatives from the community of interests, including neighborhoods, tenants, and property owners. 7 RELATED ISSUES In the course of development of these program guidelines, it has become apparent that there are additional important issues of public concern that are not central to a rental inspections program specifically. Nonetheless, these issues are significant to an inspections program, because they relate either to neighborhood health and well-being, or the ability of property owners to pay for improvements and repairs to their properties to Code or optimum condition, or the terms of the legal and business relationship between landlords and tenants. Specific issues identified include: Legal and practical avenues for property owners to deal with irresponsible, destructive tenants; Financing for owners to bring their units up to Code standards within realistic rent ranges; Dilapidated vacant buildings and deteriorated owner-occupied houses; Availability of affordable decent housing by residents unable to pay higher market rents; Neighborhood cleanliness, particularly bulk trash; Neighborhood security, crime prevention, peacefulness generally. The commiJtee asserts that, while the rental inspections program design should not be complicated by these issues, the community should arrange for them to be considered and strategies developed to ~,dd~ess them. Parties that should be involved or take leadership roles in this regard include private sector commercial lenders and insurers, individual neighborhood organizations, the Apartment Association, the Investors Association, the Regional Housing Network, and various departments of the City. As members of the Regional Housing Network, the committee recommends that the Network select one or several of these issues to ad_dress. It further recommends that the other groups pursue issues of particular concern to them and to cooperate with the Network and each other in furthering the work of which the rental inspections program design shouM only be the beginning. 8 5.a.l. Roanoke, Virginia May 20, 1996 96o135 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Remal Inspections Pro.'am Cgndition of deteriorating rental properties has been of concern in the City for many years, particularly: 1. l.)'n~afe O£ unhealthy liv/ng conditions, and 2. ~ generally on neighborhood vitality, Enforcemem of the Buildlna Maintenance Code is commonly seen as one tool to address these concerns. Inspections of rental housing typically have been in response to complaints from tenants. This approach is reactive, hapbsT~rd, and usually is a result ora dispute between the landlord and the tenant. City_ Council established a limited "Certificate of Occupancy'_' pro.am for rental ~ which provided that the Building Department would inspect rental units upon request of the owner and payment ora $25 fee, in conservation areas whose neighborhood organization requested the prosram. Only one organization (Mountain View) did so. The prosrara was ineffective because there was no leSal means to require owners to have inspections performed. The 1994 C,~aeesl A.uemhly authorized cities to require inspections of rental units in consel'vation and rehabilitation districts, upon their vacancy. The map attar, bed (Att~hment A) identifies these areas in Roanoke. ~everld nei_ohhodlood and c~mmunity _aroups urged the City_ m initiate a pro.am ~ in early 1995. Last spring, the City asked the Roanoke Regional Housin8 Network to help examine this concept and develop a workable prosram. A committee to do so was formed from the Housin8 Network and the City, includin8 representatives of interested professional assodations, owners and agents of rental properties, neighborhoods, and tenant advocates. Three (3~ public workshops were held from July 1995 to April 1996 to receive ideas and comments from interested parties. An additional administrative public hearin8 was heid by the City Administration in April. Honorable Mayor and Members of City Council Page 2 The public workshops and intensive work of the committee has resulted in a plan for all non-owner-occupied housing units in conservation and rehabilitation districts to be inspected for compliance with the Building Maintenance Code every two (2) years, with incentives for property owners to cooperate with the schedule of inspections (program desi8n is Attachment B). ?to,am is desi_m~ed to be effective in inspecting houses in neig. hborhoods ~ while being a minimum interference to responsible property owners and using the City's administrative resources efficiently· Significant aspects include: A unit p~.~in_a the inspection for compliance with the Code will be issued a certificate of compliance, good for 2 years. Violationa will be di~tin_nuished as follows: a) "Dangers to health and safety'_'_ which must be corrected for the unit to be habitable. These units would be condemned as unlit for occupancy. b) ~ not immediately endangering health and safety but needing correction. Owners cooperating with the inspections schedule will be ~iven a "temporary waiver" and would be allowed up to 6 months to make corrections, while continuln8 to rent the unit. c) "[VITmar detlcienci~a or deveiopin_~z problems" the owner should monitor and plan to remedy or prevent in the future. Noting these conditions would be advisory only. The owner would not be requ~'ed to Lnke repai~ until the conditions deteriorated to be "sisnificant violations". [t'the o~amer cooperates in allowing the scheduled inspection to be _nerformed and violations not dangerous to health and safety_ are found, the olame~' will be ieea~t~l 8. temporary waiver and allowed to continue to rent · e unit while repairs are made. I~' an owner chooses not to allow the insnection on schedule, the unit may not be rerented when it becomes vacant without an inspection and either a a certificate of compliance with the Code or a waiver. ¥1nlntinns which are the responsibility_ of tenants will be cited, as well as those of the property owner. Honorable Mayor and Members of City Council Page 3 B. C. D. E. Information and educational sessions and materials will be made available to property owners and others interested, regarding the program generally and Code requirements. An informal administrative appeals process to the Building Commissioner and including advisors from the community, before formal appeal to the Board of Building Code Appeals. No fees for an initial inspection or for two reinspections to verify_ repairs ~ if the inspection is allowed to be performed on the scheduled basis. However, if the owner chooses not to follow the inspection schedule, an inspection upon vacancy or complaint by the tenant incurs a $75 fee, with all reinspections to verify corrections incurring a $35 reinspection fee. · ' ' imposable by the court for violating the provisions of the inspections program, such a.s rerenting without a valid ceffdicate of compliance or a waiver. 10. Initial imnlementation of the pro_~am with exist'm~ staff, to refine procedures, etc. Il. Addition of personnel in the fall to allow more rapid implementation of the program's inspections schedule throughout the designated areas. 12. Monitorin_e and evaluation of the effects of the program al~er several years of its operation. l ,m~ct on neighborhood conditions. Impact on housing stock. Cost to the City. Legal issues. Timing. Honorable Mayor and Members of City Council Page 4 ~gl]~.lil~ to delete Article IV; ~ of Chapter 16, ~ of the Code of the City of Roanoke (1979), as amended, relating to the Cetlfficate of Occupancy program for rental properties; ado,oi.i./l.t~ Article II.2, Rental Certificate of Com_nliance_ of Chapter 7, ~dl]l~iill~t,i~lii[~, of the Code of the City of Roanoke (1979), as amended, to provide for the implementation of the Rental Certificate of Compliance Program; and amend the ~ to be consistent with the terms of the Rental Certificate of Compliance Program. [mnact on nei_nhborhood conditions will be positive, as the program will provide a mechanism for both correction of deteriorated conditions and prevention of additional deterioration. However, some rental buildings may be vacated rather than repaired. Code requirements for adequate maintenance of exteriors of even vacant buildings will be imposed, however. la~,.~L[ltagaJl~ will be positive generally, as unsafe or unhealthy living conditions will be reduced. However, there may be a decline in the number of the lowest cost rental units, which tend to be in poorest condition, due to either improved condition allowing owners to obtain hi~ter rents, or the owners' inability to afford extensive repairs. ~ initially will require addition of building inspectors and clerical support, in addition to supplies and equipment. A total of S89,065 of General Fund~ is recommended to add this capacity effective November 1, 1996. Some revenues will be generated from inspections and permit tees, but they are projected m be relatively little. Taxable value of ptope~tie~ are also expected to be stabilized and incre~i through I,~ are such that the Rental Ce~i~cate of Compliance Program is an administrative procedure to enforce the existing Vlrginia Building Maintennn~ Code. The Pro,-am does not impose any additional legal obligation upon owners of any properties u to the conditions the properties ~r~ to maintained to. The majorit7 of imp~iom ar~ expected to be i:~d'ormed according tO an established schedule, with the consent of owners or tannins. Un, ts not inspected on schedule may not be rerented upon vacancy without an inspection and certi~cate of compliance with the Building Maintenance Code. Honorable Mayor and Members of City Council Page 5 ~ would be that scheduled inspections would begin in July on a limited basis with existing staff. Administrative arrangements would be refined during the summer and fall, additional staffwould be added and trained in the fall, and full implementation schedules would be in place by January, 1997. Non-owner-occupied units in all designated Conservation and Rehabilitation Districts would be inspected by about January, 1999. Do not amend the City Code to delete Article IV, !~c~!ll~lfi~:lll~, of Chapter 16, t~lRlall..]~, of the Code of the City of Roanoke (1979), as amended, relating to the Certificate of Occupancy program for rental properties; do not adopt a new Article II.2, Rental Certificate of Compliance, of Chapter 7, ~ ~ of the Code of the City of Roanoke (1979), as amended, to provide for the implementation of the Rental Certificate of Compliance Program; and do not amend the Fee Compendium to be consistent with the terms of the Rental Certificate of Compliance Program. Impact on nei_~hborhood conditions would be negative, as a very strong tool to reduce and prevent a major source of detrimental conditions would not be available to the City. ~ would be negative, as many of the rental units in the worst, most dangerous condition would not be discovered, and there would be no effective means to encourage prevention of deterioration. ~ would be nothing initially. However, continued deterioration of neighborhood conditions would further erode the City's property tax base and place additional demands on City services. - ~ would be such that voluntary inspections could be performed within the limits of administrative resources of the City, but the incentives for owners to cooperate would be much less effective. 5. ~ would not be a factor. ~ is that City Council concur in Alternative A, to ~ to delete Article IV, l~slllaal~lalli~ of Chapter 16, l:[ualallldgh~ of the Code of the City of Roanoke (1979), as amended, relating to the Certificate of Occupancy program for rental properties; ~ Article II.2, I~ental Certificate of Compliance. of Chapter 7, ~l]l~[illg. l~d~lll~ of the Code of the City of Roanoke (1979), as amended, to provide for the implementation of the Rental Certificate of Compliance Program; and amend the Fee Compendium to be consistent with the terms of the Rental Certificate of Compliance Program. Mayor and Members of City Council Page 6 Respectfully submitted, W. Robert Herbert, City Manager Attachmems (2) WRI-Fhdp cc: City Attorney Director of Finance Director of Public Works Director of Public Safety Building Commissioner Hous'mg Development Coordinator Coordinator, Roanoke Neighborhood Pannership President, Roanoke Regional Housing Network 0 0 ILl 0 0 CITY OF ROANOKE RENTAL CERTIFICATE OF COMPLIANCE PROGR.4M PROGRAM OUTLINE STATEMENT OF PURPOSE The intent of the rental certificate of compliance pro,'am is to protect the health, s~ety and welfare of residents of rental dwelling units, as well as the general public, and to enhance the good health and vitality of the City's oldest neighborhoods, by preserv~g the quality of rental housing in those areas. The prosra, m will ~complish this by encourasing good and resular maintenance and preventing ~'adual deterioration, tn order to ~ccomplish this, the pro,'am will provide for the inspection of rental units in conservation and rehabilitation districts desi~ated by City Council, to insure their compliance with Building Maintenance Code standards. GENERAL PROVISIONS The City of Roanoke luts adopted the Vitglnia Building Maintenance Code. Accordingly, all properties, re~tdless of use and location within the City, ate requited to be maintained to the standards of this Code. The rental certi~cete of compliance pro,'am does not a~'ect those standards, but addresses only the administrative means of inspections speci~caily of rental units in desisnated conservation and rehabilitation dis~icts of the City, to veri~ theft compliance with the Code. All other buildings and areas of the City are subject to the same requirements for maintenance and condition. ARer the effective date of the certi~cate of compliance prosram, any residential rental property in & conservation or rehabilitation district designated by City Cotincil for the program will be subject to regular inspection by the Buildin~ Department as to compliance with the Buildin~ Maintenance Code. The objective is to inspect all rental umts in desi~tm~ed are~ every two yeats, on a basis that ia automatic, predictable, and orgsnized. Individual tentM ~ in multi-~amily buildings, where the owner occupies one of the units, will also be sul t to inaction. All owners of Moperty in the areas designated for the program will be asked to certi~ whether the property is owner, occupied, rental, or vacant, and to verify the proper address of the responsible party to he contacted regardin~ the propmy, includin$ receipt of legal notice. Any heusins unit not oocupied by the owner of record, i.e. in whose name the property deed is recorded, will be presumed to he either rental or potential rental and would be scheduled for regular inspection. Vacant units, not condenmed, will he considered potential rental 10. tl. units. Units that are condemned from a previous inspection would remain condemned, and their vacant status would be verified. If an owner willfully fails to allow a unit to be inspected at its scheduled time after notification'has been issued pursuant to Section 7-37 of the City Code, or prior to the expiration of the certificate of compliance, the unit may not be rerented upon its vacancy without an inspection. (See also sections 7 and 26.) The owner will be sent notice of this restriction. WHEN INSPECTION REQUIRED Any property owner may request an inspection at any time. The owner must either schedule an appointment for the inspection, or arrange for the inspector to have access to the unit to be inspected. Inspections will be scheduled at least 30 days in advance, so property owners can prepare for and notify their tenants of the inspection. If the owner wishes to reschedule the inspection for convenience, he/she may do so twice with reasonable notice to the Building Department. A minimum of one week will be allowed between scheduled inspections, i.e. the owner would have the opportunity of three inspection appointments over a period of at least two weeks. If an owner fails to allow an inspection at any of the three appointments aRer notification has been issued pursuant to Section 7-37 oftbe City Code, or prior to the expiration of the certificate of compliance, he/she will be considered to be willfully failing to cooperate with the schedule of inspections. Owners are encouraged to make arrangements for entry with their tenants well in advance of the scheduled inspection. While not required, it is strongly preferred that the property owner or his representative be present during the inspection, to discuss the findings of the inspection. The tenant's presence is also desirable, to participate in the inspection and the discussion of conditions and maintenance. If the uait become~ vacant after the notice of the scheduled inspe~ion is given to the owner but before the scheduled inspection is made, the Building Department would prefer to conduct the inspection while the unit is vacant. Accordingly, the owner is asked to notify the 13sfil~ DepagtnlelR of the vacancy and to schedule an expedited inspection of the vacant u/lit. Because this would be for the Building Department's convenience, there will be no fee or penalty for tl~ inspection, on the same terms as if the inapection were performed according to schedule. If a unit is not inspected upon schedule and an inspection is to be performed pursuant to a complaint, the Building Depamnent will attempt to contact the owner or managing agent to inform him/her that an inspection is to be made. All rental units in designated areas will be required to have a certificate of compliance. 12. 13. 14. 15. However, the inspection requirement may be relieved for certain units, as follows: A. Newly constructed units receiving a certificate of occupancy (C.O.) under the provisions of Volume I of the Uniform Statewide Building Code will be presumed to meet standards of the Building Maintenance Code and will be given a certificate of compliance, good for three (3) years. B. Units bein~ substantially r~habilitated or rebuilt may also be given a three (:3) year certificate of compliance and be exempted by the Building Commissioner from the requirement for inspections, upon his/her judgement that the rehabilitated unit meets the requirements of Volume I of the Statewide Building Code, and the extent of the work is basically equivalent to new construction and provides a level of assurance of s~ety of construction generally equivalent to new construction. C. ~, rental 9omplex that consists of at least 20 rental units may have a random sample of no less than 10 units inspected, flail units inspected pass on the first inspection, and ail common areas pass, the inspector may exempt the balance of the units from inspection. If later inspections of any exempted units reveal violations that apparently were present at the time of renting the units, or are not promptly corrected, the Building Commissioner may revoke the exemption from the inspection requirement. Periodically the Building Department will review records of real estate transfers to identify rental properties without certificates of compliance that may have been sold to new owners. The new owners will be contacted to arrange for inspections of the transferred units. A prudent buyer of rental property will determine whether the properly has a valid certificate of compliance, prior to sale. For any unit thai has no~ been inspected on schedule~ or upon subsequent vacancy, or for any reason within a reasonable period of time after the implementation of the program, the Building Departmen~ may pursue ail legal avenues available in order to perform the inspection. The City and the Redewlopment and Housing Authority are examinm' g the feasibility of the Authorillt' spplyins tl~ s~aadards of the Building Maintenance Code to its inspections of Sectioa $ ~ ~ instead of or in addition to HUD's housing quality standards. If such arreng~m~ call b~ made,, the Building Commissioner can delegate authority for Code inspections to tim Authority inspectors for Section 8 units. Until that time, Section $ units will b~ subjecl to an inspection every second year by the Building Department for complience with the Building Maintenance Code and the cer~i6cete of compliance program, in addition to the annual inspection by the Authority for compliance with housing quality standards. INSPECTION STANDARI)S Any inspection will be based on provisions of the V'trginia Building Maintenance Code. Deficient conditions will be separated into three categories: 16. 17. lg. Dangers to health and safety of the residents or public, presented by the building. Examples would include: · Hazardous wiring, such as bare conductors; · No operable heating system; · Major structural deterioration or defects. The unit would be condemned as not fit for use or occupancy until corrections are made. Failure to make corrections will result in prosecution for violation of the Code. Significant exterior and interior violations not immediately endangering health and safety but needing correction. Examples would include: · Structural defects not imminently endangering health and safety; · Windows and doors allowing significant air infiltration or not readily openable for emergency exit; · Accumulated debris or rubbish posing a fire or pest hazard; · Pest infestation. The owner will be given a notice of violations found and a "temporary waiver' for a period of time to correct these deficiencies, with that time depending upon the severity of the deficiencies, but not in any case exceedin8 6 months. Failure to make corrections will result in prosecution for violation of the Code. A certificate of compliance would not be issued until all corrections are made. Technical or minor deficiencies or developing problems noted by the inspector, of which the owner should be aware and plan to address eventually, but which will not be cited as violations requirin8 correction. Examples would include: · An aging roof but no substantial leaks; · Deteriorating mammy work; · Developing wood rot; · ' Peeling exterior paint. On fim~re in~ections, these items will be checked for worsenin8 conditions and may be cited or prevent reissuance of a certificate of compliance. The inspection will be of the complete unit. Any deficiencies found will be noted on the inspection report by the inspector. The purpose of the inspection report will be to identify for the owner or the a~ent or contractor the deficiencies that must be corrected in order for the unit to receive a ce~ttcate of compliance. As there may be several ways to correct any deficiency, tl~ inspection report typically will not specify the means to be used. The ~ Maintenance Code aasi~s responsibility for some items to the resident, unless otherwi~ amm~ with the owner, such as accumulation of ~rbage, rubbish, or hazardous materials inside a unit. A violation notice and order to correct any deficiencies found for which the tenant is responsible will be addressed to the tenant, with a copy to the owner. The tenant's failure to correct violations for which he/she is responsible may result in prosecution for violation of the Code. In order for owners to preinspect a unit and anticipate corrections that may be required, the Building Department will provide to any interested party a sample of the inspection report 4 19. it will use to inspect units, as well as a summary of provisions of the Building Maintenance Code. General guidelines for inspections standards will be prepared with the assistance of representatives fi-om the commumty and will also be made available. CERI'~'iCATE OF COMPLIANCE The certificate of compliance or notice of deficiencies will be issued to the owner or agent on the spot, at the time of inspection, if the owner or owner's agent is present, and mailed to the owner's or agent's address of record if hedshe is not present. If deficiencies are found, a copy of the notice and inspection report will also be given to the tenant. A sticker will be placed in a conspicuous place at or near the unit's main entrance, reflecting the results of the inspection, specifically: · Certificate issued, effective through a given date; · Deficiencies found, to be corrected; temporary waiver issued, through a given date; · Rejected/condemned. Neither the owner nor the tenant may remove the sticker except as authorized by the Building Commissioner. 20. A certificate of Compliance will be effective for a period of 24 months. 21. 22. 23. APPEALS An owner disagreeing with a determination of the inspector may request a modification of that finding from the Building Commissioner any time within 21 days of the determination. The Commissioner will discuss the owner's request with the owner and/or the owner's representative. /.ftha Commissioner and the owner fail to agree, then at the option of the property owner, the Commissioner will convene an informal meeting with the owner and/or the owner's representatives to discuss the owner's request. The meeting may include advisors to the Building Commissioner, including representatives fi-om rental property owners, neighborhood residents, tenants or tenant advocates, and other inspectors. The Commissioner will reach a decision within five working days oftha meeting. If the BUilding Commissioner declines to grant the requested modification, the owner may appeal to tim Board of Building Code Appeals, as prescribed in the Building. Maintenance Code. INSI~ECTION FEES If Inspection Is Performed On Scheduled Basis: A. Inspections on the regularly scheduled basis will maximize the convenience and efficiency of the Building Department, in addition to that of owners and occupants of units to be inspected. Consequently, if the inspection is performed at the request of the Building Department on its routine basis, or at the request of the owner, there will be no charge for the initial inspection. If the unit fails to pass on initial inspection, a second and third inspection to verify that cited violations have been corrected will be at no charge. If however the unit fails to pass at the third inspection, the fourth and any subsequent inspection for deficiencies cited at the initial inspection will incur a $35 reinspection fee. 24. If Inspection Is Not Performed On Schedule: A. Inspections requiring rearrangement of priorities and scheduled work reduce the Building Department's efficiency. Accordingly, an inspection fee of $75 will be charged to the owner ora unit that either: · had been scheduled by the Building Department for inspection on three occasions; and · has not been inspected; and · is later inspected; or: · is inspected after its certificate of compliance expire. B. Any reinspections performed on such a unit to verify corrections of violations cited upon the initial inspection will incur a $35 reinspection fee. C. A propen'y owner may avoid these charges by cooperating with the schedule of inspections. INSPECTION FEES ON SCHEDULED BASIS OTHER THAN ON SCHEDULE Initial Inspection No Charge $75 2nd Inspection No Charse $35 3rd Inspection No Charge $35 4th and Later $35 $35 Inspection 25. 26. Upon reiaqaec~n, them may be Code violations found that were not cited upon earlier inspec~ either became the condition did not exist or it was not observed by the inspector. The inspe~or will cite such conditions when they are found, but they will not trigger an inspection charse unl~ they are uncorrected upon subsequent reinspection. PENALI'~S AND ~'L~ES Renting a vacant unit without either a certificate of compliance or a waiver will be a violation of the program and will be punishable in accordance with Sec. 36-106 of the Code of Virginia. An owner convicted by the court for a violation of this may be fined up to $2500, with minimum fine~ of $1000 for a second offense within 5 years, $500 for a second 27. 28. 29. offense within 10 years, and $1500 for a third offense within 10 years. PHASED IMPLEMENTATION The program will be initiated on a limited basis, in order to test and refine administrative procedures. A schedule for expanded implementation of the program, specifically establishing a schedule of inspections by the Building Department, will be determined by the administrative resources that may be devoted to it. The program provisions will apply to all eligible conservation and rehabilitation districts designated by City Council, with full application to all rental properties in conservation and rehabilitation districts intended within 2 years. A notice will be mailed to all property owners with units to be affected by the program, informing them of the program, its purpose and operation, including general program requirements and property maintenance standards. Individual owners will be notified by mail of the scheduled date and approximate time of the planned inspection of their units. Workshops and meetings will be offered periodically to interested owners and others regarding provisions of the program. Real estate agents, attorneys, and lenders will be notified of the program as well, for the benefit of their clients. Ongoing evaluation of the program's operation will be necessary to its efficient implementation. The City will also perform a specific evaluation of the program's effectiveness, as well as the efficiency of its procedures, approximately 24 months after its inception. This evaluation will involve representatives from the community of interests, including neighborhoods, tenants, and property owners. 7 RELATED ISSUES In the course of development of these progrc~/n guidelines, it has become apparent that there are additional important issues of public concern that are not central to a rental inspections program specifically. Nonetheless, these issues are significant to an inspections program, because they relate either to neighborhood health and well-being, or the ability of property owners to pay for improvements and repcars to their properties to Code or optimum condition, or the terms of the legal and business relationship between landlords and tenants. Specific issues identified include: Legal and practical avenues for property owners to deal with irresponsible, destructive tenants; Financing for owners to bring their units up to Code standards within realistic rent ranges; Dilapidated vacant buildings and deteriorated owner-occupied houses; Availability of affordable decent housing by residents unable to pay higher market rents; Neighborhood cleanliness, paracularly bulk trash; Neighborhood security, crime prevention, peacefulness generally. The committee asserts that, while the rental inspections program design should not be complicated by these issues; the commumty should arrarge for them to be considered and strategTes developed to ~'l~t. ess them. Parties that should be involved or take leadership roles in this regard include private sector commercial lenders and insurers, indivirl,,nl neighborhood organizations, the Apartment Association, the Investors Association, the Regional Housing Network~ and various departments of the City. As members of the Regional Housing 3retwork the committee recommends that the Network select one or several of these issues to ,~Adeess. It furtber recommends that the other groups pursue issues of particular concern to them and to cooperate with the Network and each other in furthering the work of which the rental inspections program design should only be the beginning. 8 BUILDING THE FOUNDATION: HOUSING IN ROANOKE'S FUTURE A housing development strategic plan concerning housing issues and opportunities in the City of Roanoke. Recommendations to the City Manager from the Housing Development Strategic Plan Task Force March 1988 BUILDING THE FOUNDATION: HOUSING IN ROANOKE'S FUTURE A housing development strategic plan concerning housing issues and opportunities in the City of Roanoke TASK FORCE MEMBERS Ronald O. Crawford, Chairman Wallace I. Allen 3ames A. Beavers Councilman David A. Bowers William F. Clark Theodore 3. Edlich, III The Reverend Frank W. Feather Robert Fetzer Susan S. Goode Edwin C. Hail Councilman 3ames G. Harvey, II Stephen A. Hoover Gwen C. Knight William O. Lavin Glenn B. McKibbin 3ack V. Place William 3. Rand, III Earl B. Reynolds, 3r. 3ames D. Ritchie Ina V. Wheeler Henry L. Woodward CITY STAFF H. Daniel Pollock, 3r. Carolyn M. Handy Donna S. Norvelle HOUSING DEVEUDI:WENT STRATEGIC PLAN TABLE OF (3DNI~NTS Executive Sunnary I. Il. III. IV. V. VI. INTROI:)LCTION ....... PERSPECTIVEOFPREVIOJS PLANNING/XI2TIVITIES A. Housing Rehabilitation Task Force B. Downtown Housing Task Force .... C. Task Force on Housing and Horne lessness . D. "Roanoke Vision" Comprehensive Development Plan HOUSING CE~DITIONS, ISSUES AND OPFORTUNITIES A. Age and Type oi Housing ..... B. Housing Costs and Aifordability . . Housing Subsidies ....... CITY'S PURB~SEREGARDINGHCUSING ..... GENERAL POLICIES ......... ACTION PLAN--GCI~S, OB3ECTIVES AND ACTIVITIES Goal 1: Increase Housing's Priority . . . Goal 2: Eliminate Blight and Incompatible Land Uses Goal 3: Encourage New Development of Vacant Land and Lots Goal 0: Preserve Sound Buildings ...... Goal 5: Encourage Downtown Residential Development Goal 6: Assist New and Continued Homeownership . Goal 7: Increase Supply ot Quality Rental Housing Goal 8: Support Special Heeds Housing .... VII. ADDITIONAL RESCtI~C~S . VIII. CI:2~4CLUSION . . . TI~A::RAX~ . . . i 3 3 5 6 7 9 9 13 17 21 22 25 26 29 32 37 39 EXECUTIVE SUMMARY The Housing Development Strategic Plan Task Force was appointed by the City Manager in 3anuary lggg to reexamine the City's housing conditions, goals, priorities and activities, and make recommendations for a strategic action plan to define the City's course regarding housing. This Task Force of knowledgeable citizens and City administrators considered the complex set of housing issues at a series of work sessions over two months. The result is a broad ranging set of policy statements, goals, objectives, and initiatives recommended to the City and the community for implementation. Principal findings of the Task Force include: l) The significance of housing as part of the identity and attractiveness of Roanoke has been underappreciated. Housing generally is deserving of more public and private attention and commitment than has been the case in the past, 2) Roanoke is a wonderful community in which to live, but the significant advantages of living in the City have not been effectively marketed. While it is important for the City to maintain and enhance its proac- tire posture to improve housing conditions and opportunities for its citizens, Roanoke has much to gain by publicizing its "Quality of Life" product. 3) The housing stock in Roanoke is evolving, as the rate of new construction slows down and the proportion of rental property increases. More intensive maintenance and repair will be necessary as the housing stock continues to age. ~) Generally speaking, housing in Roanoke is reasonably-priced, whether for rental or owner-occupancy. Conditions appear favorable to encourage homebuying, as this option remains possible and attractive to many families. There are exceptions, however, and there are signifi- cant impediments to homeownership, lhere appears to be an imbalance developing in property values, with relatively little upscale housing being available. 5) While the level of achievement by the City in providing subsidized housing and preserving and improving housing has been commendable, it is very questionable whether this level can be maintained in view of federal funding reductions. Furthermore, with less money available to assist with rehab, much of the repair done recently has been "stop-gap", unlikely to have a lasting effect. The progress made since 1980 is in jeopardy. The Task Force recommends the City adopt certain policies of approach to the problems and opportunities of housing, including: 1) Roanoke must recognize that its attractiveness as a place to live is influenced by many varied actions and policies. The quality of life here must not only be protected and enhanced, it must also be marketed to attract residents, much as it has been aggressively marketed to businesses. 2) Strategic concentration of effort to stabilize areas and prevent decline, before extensive deterioration occurs- -to prescribe the ounce of prevention; 3) Concentrate on and reinforce residential neighborhoods and their orga- nizations as vital aspects of a successful housing strategy; Seek permanent solutions rather than temporary improvement, whether it be in revolving funds, repairing a house, increasing a family's earning power, or designing buildings of architectural quality. Expect maximum responsibility for property maintenance to be assumed by the owner, and personal initiative and selfZhelp to be exercised by the individual. City resources should encourage and assist citizens in improving their conditions and opportunities. The Task Force established eight specific goals related to aspects of housing, ranging from increased homeownership and development of vacant land, to downtown housing, special needs housing, and organizational requirements for implementing the plan. Each goal has its own objectives and sets of activities relating to it, the activities numbering 6~ in all. The activities also cover a broad range, from improving inter-office coordination and communication, to implementing specific programs, to changing state law or the City Charter. While all activities are considered to be important, those viewed as most bene- ficial are identified for particular efforts to implement. The decisions and commitments made now will have a substantial impact on the City for many years to come. Therefore, the City must set its course and allocate resources wisely but courageously to capitalize on the favorable housing conditions and opportunities we have now, lest we look back with regret at missed opportunities. I. INTRODUCTION Housing is a critical part of the identity and health of any City. is true in at least four regards: This 1. Quality of Life of the Individual: The most basic role of housing is that of providing shelter, a basic human need--People must have places to live. The sufficiency of that shelter is inextricably linked to the quality of life of its occupants, ranging from one's self-esteem and personal status to the preservation of life itself. 2. Local Economy: The provision and maintenance of housing comprises a significant segment of the local economy. About 6~ of the work force in the Roanoke Valley are engaged in construction. Residential real estate also contributes to the employment and livelihood of a broad range of incomes and occupations in spin-off industries, e.g. real estate appraisals, material suppliers, appliance repair, insurance. The number of home starts is watched carefully as an indicator of the national economic health. Furthermore, balanced economic growth relies on a supply of employees across the spectrum of incomes. This requires the availability of housing to all income levels. Projections are for the service sector of the economy, which typically pays the lowest wages, to be the fastest growing sector in the future. These moderate-income workers must have affordable housing available to them and accessible to their workplaces. 3. Image: A city's housing styles and conditions are important ingredients into that city's perceived personality, both to itself and to outsiders. For example, San Francisco is frequently identified just with a pic- ture of a street of Victorian houses~ on the other hand, the image of the Bronx is characterized by portrayals of vacant and/or dilapidated tenement buildings. And of course the image of individual residential neighborhoods rests heavily on characteristics of the housing stock in them. Long-term Health and Vitality: Although housing supply tends to follow housing demand, it is not entirely a one-way relationship. A city must have an adequate supply of appropriate, attractive housing if it is to remain competitive for economic development and to maintain its population mass. Healthy population growth necessarily must be accompanied by steady balanced growth in the number of housing units. At the same time, low cost housing cannot pay for the level oi munici- pal services it requires. Consequently, more expensive properties and commercial and industrial properties are relied on to fill the gap. An over-supply of low cost property strains a city's ability to pro- vide a quality level of services to its citizens. Just as a diverse economic base is desirable to a city, so is diversity of housing costs and types important to its long-term health and stability. The importance of housing mandates that the City re-examine its housing conditions, goals, priorities and activities periodically. The process by which this Housing Development Strategic Plan has been prepared is such a re-examination. This process considered: A. The basic philosophy of the City concerning housing; B. What the City's long-term goals should be regarding housing; C. The intermediate-term objectives which should be pursued to meet those goals; D. The activities and programs that should be undertaken to approach those objectives, and E. The means to implement those programs and activities. The product of the Task Force appointed to conduct the planning process is this five-year plan, recommending specific programs or program concepts, timetables, organizational requirements, and resource priorities. The production, improvement and maintenance of housing in the City is the shared responsibility of the City and the dominant private real estate interests. Though the City appropriately assumes the catalytic leadership role in this regard, this Housing Development Strategic Plan is predicated on coordination and cooperation between these two sectors. 2 II. PERSPECTIVE OF PREVIOUS PLANNING ACTIVITIES A. HOUSING REHABILITATION TASK FORCE In 1978, in recognition of the significance of the aging housing stock to the City, the City Manager appointed a Housing Rehabilitation Task Force. The charge to this group of knowledgeable and concerned citizeos ~vas to examine the issue of improving and preserving existing houses, esp%cially in the City's older neighborhoods. Among the major findings issued by the Task Force in 1980 were the following: !. Houses needing rehabilitation may be found all through the City, not just in specific neighborhoods. 2. the age of housing in the City implies that there will be increasing need for rehabilitation in future years. 3. The absence of vacant land for new housing requires that existing houses be maintained. Replacement of houses demolished can only be accomplished with substantial subsidies. Traditional urban renewal i.e. clearing older neighborhoods with low density new construction or replacement houses, is not economically feasible. The Task Force then recommended the objective that the number of substandard dwelling units would be reduced from an estimated 2,000 units in 1980 to 1,000 units by 1985. To accomplish this, the Task Force recommended a number of activities and programs, including: A model Property Maintenance Code be adopted to require a level of maintenance of houses built prior to 1973. Such a code was deve- loped, adopted, and administered for several years, until- it was replaced in 1986 by the Virginia Building Maintenance Code which is now being enforced. A way be found to encourage new construction of houses on vacant lots. The Vacant Lot Homesteading Program was modified in 1987 to provide for a subsidy of up to $2500 to anyone building or moving a house to a vacant inner-City lot. o Provision of loans and/or grants from the City to rehabilitate owner-occupied houses, and the leveraging of loan funds from the private sector. A number of such programs were developed, par- ticularly the Critical Home Repair Program, which has provided 277 moderate grants to low-income homeowners for critically needed repairs; the Gainsboro Grant Program, providing 40 repair grants of up to $15,000 to homeowners in the Gainsboro neighborhood; and the Private Rehabilitation Loan Program, by which the Roanoke Redevelop- ment and Housing Authority has leveraged almost $# million in private funds at a 10:l ratio to repair 12# homes. A Certificate of Occupancy program be established to require periodic inspection of rental property, and that an aggressive landlord/tenant relations program be initiated. A Certificate of Occupancy program was adopted but is strictly voluntary on the part of the owner and therefore is ineffective. Rental subsidy programs be tapped to encourage renovation of rental property, and that private sector financing be arranged at below market interest rates for rental property rehabilitation. Approximately 600 additional rent subsidies have been received by the RRHA since the Task Force's report, and 300 direct rehabilitation subsidies involving private financing have been provided. However, no specific arrangements for financing below market interest rates have been made with the private sector. Development of a program to buy vacant houses to sell for rehabilitation. No significant such program has been developed. However, the City has produced four editions of the Vacant House Catalog, containing houses needing repair whose owners wish to sell. About one-third of the houses included in these Catalogs have been sold and renovated by private individuals. Continued and expanded maintenance of public areas of neighborhoods to encourage maintenance of private property. The City continues to make significant investments in sidewalks, storm drainage, streets and grounds maintenance, parks improvements, etc., to reinforce neighborhood attractiveness and livability. Establishment of a property tax exemption for rehabilitation. Such a tax abatement was adopted, initially just for older neighborhoods but later extended City-wide. This program provides for abatement of real estate taxes on the value of renovations for five years after completion. 4 The programs and activities undertaken by the City and/or the Redevelopment and Housing Authority since adoption of the Task Force's report have had significant impact on housing and residential neighborhoods. The com- bination of the programs involving direct subsidies over the last five years has touched and provided some degree of repair or maintenance to approximately 6#5 houses, at a cost of more than $9.5 million. Much of this investment ($3.6 million) has been in rental property. As a result of these subsidies, code enforcement, and other related activities undertaken pursuant to the recommen- dations of the Task Force, the number of seriously substandard houses in the City was reduced to approximately 1200 by 1985. B. DOWNTOWN HOUSING TASK FORCE In 1986, the City Manager appointed a Task Force to study the prospects for housing in the downtown, pursuant to the plans for downtown, Design '79 and Design '85. This Task Force concluded that housing downtown would be of great significance to the City, principally to bolster the market for goods and ser- vices located downtown, and to increase utilization of space in existing buildings as an alternative to development of scarce vacant land. The Task Force concluded that a market for housing in the downtown area does in fact exist and identified numerous sites suitable for housing develop- ment, but that several events or arrangements must occur for that housing to be provided. Specifically, the Task Force recommended: 1. A Community Development Corporation be established by or in conjunc- tion with local financial institutions as an equity investor/ developer of downtown housing projects; Land be assembled by the City and/or the Redevelopment and Housing Authority in downtown to be sold for housing development, the pro- ceeds of such sales to replenish a revolving fund for additional site assemblage; The City continue to improve public facilities (sidewalks, landscaping, etc.) downtown through the Capital Improvement Program and bond issues; The City provide for residential parking downtown, either through buying space for additional parking facilities or allocating space in its existing parking lots and garages; 5. Additional police security be prominently provided; and 6. The desirability of living downtown be publicized by the City, Downtown Roanoke, Inc. and the Tourism and Convention Bureau. At this time, efforts are on-going to implement recommendations of the Downtown Housing Task Force. C. TASK FORCE ON HOUSING AND HOMELESSNESS Following up on the Mayor's 1986 State of the City address, the City Manager appointed a Task Force to conduct a study of the needs of the homeless in Roanoke. In addition to those commonly termed homeless, i.e. actually with no place to live or sleep, this group's study also considered those considered "at risk" of becoming homeless, defined as those either unable to afford and maintain decent housing or may lose their housing due to personal or' economic stresses of everyday life. This Task Force concluded there are 150-200 homeless people in Roanoke dependent on emergency shelters, but that there are more than 6,000 households in the City, and i0,000 households in the greater Roanoke Valley who are "at risk" due to low income. These particularly tend to be part-time or minimum wage workers, single women with children, mentally ill, ex-offenders, the disabled, and elderly. The Homelessness Task Force recommended a variety of public and private undertakings to address their findings, including: 1. Increase the number of beds, day facilities, and supportive services available to the homeless; 2. Encourage or require owners of rental property to repair and maintain their property~ especially owners of subsidized housing; Centralize source(s) of information on available subsidized housing, housing programs, funding for services, and counseling on maintenance of low-cost or subsidized housing; 4. Establish a privately-funded foundation to help address the needs identified; 5. Participation by all jurisdictions in the Valley in addressing the need for affordable and/or subsidized housing; and e Increase coordination of services and considerations for the homeless and those at risk, particularly service providers, churches, the business community, utility companies, and governmental bodies. Significant progress has been made toward these recommendations, including development of additional overnight facilities for the homeless. Some of the points are being addressed to varying degrees, e.g. subsidies for repairing rental property, increasing the number of subsidized housing units in the City, Code inspections of rental property on a complaint basis, etc. D. "ROANOKE VISION" COMPREHENSIVE DEVELOPMENT PLAN In 1985-86, the City undertook a comprehensive planning process culmi- nating in the plan Roanoke Vision, in which housing was a prominent element. Toward the relevant goals of "Provide orderly growth and revitalization", and "insure pleasant, safe and suitable living environments in each neighborhood", Vision identified four specific residential development objectives: "1. Encourage expansion of the City's population; "2. Encourage variety of housing choice in existing neighborhoods through a balance of preservation, rehabilitation and new development. "3. Encourage quality construction and attractive design. "#. Discourage insensitive new construction and demolition of usable units." The plan then outlined specific actions and projects to be undertaken to achieve these objectives: Development of a plan for cooperative public and private activities in housing development. This report of the Housing Development Strategic Plan Task Force is a draft of that plan. Creation of a non-profit development corporation to coordinate public and private housing investments, undertake rehabilitation and construction projects, and provide financial and technical assistance to neighborhood organizations. No action has been taken in this regard. Develop a detailed plan for each neighborhood in which housing would be a major component. The first such n~eighborhood plan is being pre- pared at this time, with the second scheduled for later this year. Use zoning to encourage desired preservation, new infill construc- tion, and downtown housing. The Zoning Ordinance has been exten- sively revised to include historic zones; housing in commercial 7 buildings' downtown; and higher density Planned Unit Developments (PUD's) and new infill construction on small existing lots. 5. Aggressively enforce housing maintenance codes. The Code Inspection capability of the City was initially doubled~ but has since suffered from loss of staff funded by the State. Even so, such enforcement of the Building Maintenance Code is on-going, concentrating particularly on vacant buildings. 6. Improve existing neighborhood environments. Public improvements and maintenance is on-going through the City's day-to-day operations and Capital Improvement Program. 7. Develop guidelines and examples of appropriate housing rehabilitation and new construction. There has been no action pursuant to this. Building on the findings of the Task Forces and citizen groups that have gone before, this Housing Development Strategic Plan uses Roanoke Vision as a base and recognizes and respects the work of the Task Forces on Downtown Housing and Homelessness. The Housing Development Strategic Plan Task Force has attempted to synthesize the findings and recommendations of these groups while examining the complexity of "housing" from a range of perspectives broader and more comprehensive than the scope of some of the forerunning studies. III. HOUSING CONDITIONS) ISSUES~ AND OPPORTUNITIES A, AGE AND TYPE OF HOUSING Roanoke City's housing tends to be older and more likely rental than that of the surrounding area, or of Virginia as a whole. The 1980 Census identified 5856 of the occupied housing units in the City as occupied by the owners compared to 65.6% statewide. By 1988, this portion was estimated to be less than 57% in Roanoke. A major factor in the shift is that the multi-family units built in the City in the 1980-1986 period outnumbered the single-family houses 1215 (72%) to 467 (28%). Over the same period, sin§lc-family units comprised 88% of the total new units in Roanoke County and 73% across the State. The following table of the age of Roanoke's housing units reflects this recent trend toward new rental units. Table I AGE OF HOUSES Year Built Age Owner-Occupied (est) Rental (est) Total Before 1940 48+ years 7,546 4,324 1t,870 (27%) 1940-1949 38-48 years 4,313 2,20t 6,514 (15%) 1950-59 28-38 years 6,766 2,341 9,107 (20%) 1960-69 18-28 years 3,929 3,867 7,796 (18%) 1970-79 8-18 years 2,246 4,317 6,563 (15%) 1980-87 less than 8 557 1,7t~9 2)306 (6%) 25,357 18,799 44,156 This table shows generally that 42% of the City's total housing stock is more than 38 years old. Compared to a state-wide average of 29%, and 33% in the Roanoke Metropolitan Area, almost one-half of the owner-occupied property in Roanoke was built prior to 1930) as compared with about one-third of the rental property. A second point shown by this table is that the rate of construction of single family owner-occupied houses is following a dramatic downward trend since 1960. Owner-occupied property is traditionally considered a mainstay of a City's property base and is highly desirable. The apparent implications of this data area that 1) the housing stock, particularly owner-occupied, is likely to need an increasing level of maintenance and rehabilitation in the coming years, and 2) as the older buildings slide into decay and obsolesence, the replacements are most likely to be rental units. lO NEW CONSTRUCTION ACTIVITY 1980- 1987 ~ OF UNIT~ ~00 IO0 Ig80 lgSl lg8~ Ig8.'4 1984 igB6 Ig86 lg87 YEAR NEW CONSTRUCTION ACTIVITY 1980 - 1987 AVG. COST PER ~ ($1000'e) $~.o ~o 1080 lgS1 1~ 1~-q Ig~ lg~ I~ 1~? ~ I & 2 FAMILY UMITS ~ MULTI FAMILY i1 1400 REPAIRS & 1980 t OF UNITS ALTERATIONS - 1987 1800 1000 8OO 6OO 40O 2O0 0 $? 1980 1981 1982 I983 1984 I988 1986 198'?' YEAR REPAIRS & ALTERATIONS 1980 - 1987 · vo. cos~ ~ ~ ($1ooo'a) $8 $5 S8 So 1080 1081 1082 1083 I084 1086 1086 1087 YEAR 12 This trend [s also reflected in Table 2 and the four graphs following, showing building permit activity in recent years. Among the significant points here are: Again, construction of apartments has exceeded that of one and two family building units. In all, twice as many multi-family units have been built as one and two family units. As might be expected with inflation through ~the early part of the 1980's, the average per unit cost for one anrl two family units has increased 81% since 1979. The corresponding per unit cost of multi-family apartment units has increased 96% to a 1987 average of $28,~3~. J Permits for renovations and additions have been increasing steadily over the last few years. This implies there is much investment in maintaining older homes to liveable standards. The number of units demolished has dropped steadily since 1979. Of the 121 units demolished in 1987, 82 were in the single project of Village Square Apartments on Franklin Road, which was razed for construction of Moore's Building Supply. While the net number of housing units in the City continues to increase, the rate of this increase has dropped dramatically from earlier decades (refer to Table 1). Conclusion: The related trends of slowing construction rate, aging housing stock, and increasing proportion of rental units are likely to make ongoing maintenance, periodic repair and modernization of existing housing absolutely crucial to the City's long-term viability. Furthermore, as the little remaining land in the City is developed, it will become increasingly difficult to find large attractive sites for new housing, especially that likely to attract young middle and upper income families. Even though the total number of housing units continues to increase slowly, decreasing household size may cause the City's population to decrease to less than the important 100,000 threshhold. As it is, Roanoke's population is projected to remain at 100,000 through 2010, by which time the population of Roanoke County is forecast to increase almost 31%, and of the Roanoke Metropolitan Area by 12½%. B. HOUSING COSTS AND AFFORDABILITY Homeownership Table 3 shows the cost of home sales in the City of Roanoke from 3anuary through September 1987, according to the Multiple Listing Service. (The areas identified are large general areas, not specific neighborhoods.) 13 Table 3 HOME SALES COST (January - September, 1987) Less than $20,000- $#0,000- $60,000- $80,000- $20~000 $39~999 $59~999 $79~999 $99~999 $100~000+ TOTAL South Roanoke - 2 # 2 10 22 40 Southwest 3 27 69 68 34 21 222 Northwest 12 59 71 16 - 158 Williamson Road 1 31 87 9 I - 129 Southeast 12 46 27 2 I - 88 TOTAL 28 165 258 97 46 43 637 (4%) (26%) (41%) (15%) (7%) (7%) This table shows that tot this nine-month period 30% oI the houses sold in Roanoke did so tot less than $40,000; almost three-tourths sold for less than $60,000. An average mortgage payment on a $40,000 home (10½% interest, 95% Iinancing) would be approximately $430 a month, requiring a likely minimum income ol approximately $27,000 a year (based on allowances for utility and maintenance expenses and additional installment debt.) A $60,000 home requires a monthly payment ot $640 a month, requiring a minimum income oI approximately $36,000 a year. The Virginia Department of Housing and Community Development estimated that in 1985, 55% of Roanoke's population had sufficient income to buy the average home. This percentage was the highest of all urban areas in Virginia. The implication is that a sizeable portion of the houses sold in Roanoke are still affordable to families ol moderate income. On the other hand, only 14% of the houses sold in Roanoke cost $80,000 or more. This suggests a scarcity of more expensive homes, which make greater contributions towards the City's tax base to pay for services. Rental Property The following table shows approximate rent ranges in the City of Roanoke by bedroom size. ~!/hile units may be found renting outside this range, this represents the mainstream oI rental property. 14 Table # RENT RANGES Primary Size Rent Range Typical Rent One Bedroom $195-5375 $275 Two Bedroom $250-$#75 5325 Three Bedroom 5325-3575 3375 As revealed in Table 2, the average apartment unit built in the City in 1987 cost 525,#34 to construcl~. Assuming a mortgage at the rate of i0½% for 30 years, and a 40% margin for operations, maintenance and return on equity, this average unit must rent for a minimum oi 3t~30 per month. Table 5 shows that when additional utility costs are considered, such rent would not be affordable to a tenant with less income than about 525,000. This table does depict the affordability of rental and owned housing to certain incomes. The combination of rent and utility payments is based on 23% of the tenant's gross income. The affordability levels of houses to buy is based on 10% interest, 95% mortgage, and 25% of owner's gross income to mortgage, utilities, and maintenance. Table 5 HOUSING AFFORDABILITY BY INCOME Income Level 53.25/hr; 37,000/year (Minimum Wage) Stt,000-$t2,000 313,500-51#,500 $17,000-518,000 520,000-32i,000 52#,000-323,000 Affordable Rent incl. Affordable Utilities House $2Qo $290 $365 $ 25 $510 315,000 (+ 32100 cash) 321,000 (+ $2700 cash) 326,000 (+ 33300 cash) 333,000 (+ $~100 cash) 15 This table shows that a person working full-time at minimum wa§e can only afford to pay $1~5 a month for the combination ol rent and utilities. Income must rise to the S17,000-$18,000 range before a typical two-bedroom unit comes within reach, and $2~,000-$25,000 before the average new unit is affordable. The general expectation is that rental rates will increase by as much as 20% in the next 2-3 years, as a result of changes in federal tax laws concerning income from rental property. Prior to the recent tax reform measures, much ol the financial return to owners of such property came from income tax deductions via capital gains accelerated depreciation and other "passive losses". With these benefits eliminated or restricted, the most likely means of maintaining the next return on investment will be increased rents. Furthermore, those factors make investment in new rental property less attractive, particularly Ior lower-rent units. This is exacerbated by the drastic reductions in direct federal subsidies and incentives for low-income housing. As long as the market continues for middle to high-rent apartments, that is what is likely to be built. One of the eventual affects of these trends may be that homeownership becomes an increasingly attractive option for many renters, as their rent payments approach that of a mortgage. This is especially likely if home mortgage interest rates remain relatively low. For example, if rent increases 15%, the $25,000-income family in Table 5 may decide to buy a $33,000-$35,000 house rather than pay 5460 to rent an apartment. Even a family with income around $15,000 may be able to afford the payments on one ol the few $15,000 houses. However, even with a 9.5% mortgage, this homebuyer must also have more than $2000 in cash--a hurdle most households of that income range cannot clear. Even "professionals" working for the City cannot afford a house in the mid-price range. Purchase of a $50,000 house typi- cally would require income of approximately $32,000 a year and $6,500 cash on closing. Obviously, if a Iamily is able to regularly make rent payments ol $300-$#00 per month, 20-30% of their income, they are likely to be able to pay that much in regular mortgage payments. The key to homeownership is coming up with the large amount of cash. Conclusion: the skew of housing costs and property values suggests some precariousness in the residential portion of the tax base, with a small proportion of expensive housing paying for services to a disproportionately 16 large share of lower-cost housing. The City's ability to maintain a high standard of services to its citizens is strained by this imbalance in the tax base. While it is important to maintain and improve opportunities for low and moderate income households, middle and upper income households also must be attracted to the City to maintain a healthy balance. Given the reasonably low housing prices in Roanoke, and if the scenario of higher rents and stable mortgage interest rates develops, the City may have a major opportunity to increase the rate of homeownership, especially by young families. This opportunity should be capitalized on while it exists. C. HOUSING SUBSIDIES Rent Subsidies Federal funds traditionally have been the main source of subsidies to housing, both rental and owner-occupied. Since the previous Housing Task Force issued its report in 1980, the federal budget for housing has been cut 70%, more than any other federal program. Virginia receives $112 million less in federal housing funds now than in 1980. The great bulk of these funding reduc- tions have been in rental assistance--public housing, Section 8 subsidies, etc. Publicly assisted rental housing has long made decent, safe, sanitary housing available to very low income people. There are about 3,800 such units in Roanoke City, almost 9% of all housing units. Most of these are owned and/or administered by the Redevelopment and Housing Authority (RRHA). In the 1,515 public housing units, which are owned and operated by the RRHA, the tenant pays an average of $12t) a month for an apartment. In Section 8 housing, which typically is owned by private parties with the rent subsidized by the RRHA and the federal government, the tenant pays an average of $53-$60 a month, with the government paying an additional $230-$235. Eighty-three percent (83%) of the subsidized housing in the valley is found within the City. The 1,515 units of public housing owned by the Housing Authority is expected to remain public housing for the long term. However, the 1,191 units of other assisted housing administered by the RRHA will begin to decline in the near future, as the life-terms of these subsidies expire. The following graph depicts the history and projected future of the level of these subsidized units, without additional allocations from HUD. Since 1980, the RRHA has more than doubled the rent subsidies it receives from the federal government for use in private apartment units. However, as federal programs and funding have been cut back, this ability to obtain addi- tional allocations is not likely to continue. In the absence of any additional units to Roanoke, the City's supply of subsidized housing will begin to decrease in 1990. 17 Graph I 1 20 110 1.00 0.90 080 070 0.60 0.50 040 0.30 020 0.~0 0.00 Number of RRHA Subsidized Units 76 77 79 80 81 82 84. 85 86 87 88 89 90 91 92 94- 95 96 97 99 O0 01 02 YEAR Development and Rehabilitation Subsidies The principal source of funding for housing rehabilitation and neigh- borhood revitalization programs offered in the City has been the Community Development Block Grant Program. Roanoke has receive $23 million in CDBG funds over the last 11 years, of which 59.65 million (42%) has been used for housing (TabLe 6). However, Roanoke's CDBG annual allocation has dropped 40% over that time in actual dollars, but effectively much more than that if adjusted for inflation. 18 Fiscal Year Table 6 CDBG ALLOCATIONS TO ROANOKE Entitlement Housing Allocation % of CDBG Budget 77-78 $2,629,000 $955,000 36% 78-79 $2,0`11,000 5730,000 30% 79-80 $2,308,000 $1,230,000 53 % 80-81 $2,331,000 $1,0`23,000 55% $1-82 $2,393,000 $1,797,000 75% 82- 83 $2,018,000 $739,980` 37 % 83-80, $1,999,000 $589,0,03 29% 80,-85 $1,792,000 $633,663 35% 85-86 $1,816)000 $758,122 0,2% 86-$7 $1 , 514.7,000 $¢08,802 26% 87-88 $1,555,000 $38t4,927 25% TOTAL $23,00,9,000 $9,651,901 0,2% Mortgage revenue bonds with tax-exempt interest, sold by the Virginia Housing Development Authority and RRHA, have made it possible for hundreds of families to buy homes in Roanoke) and hundreds more to afford to rent good quality apartments. In 1985, $1.75 billion in tax-exempt mortgage bonds were issued in Virginia; the federal limit on all such bonds in 1957 was $i90 million, a reduction of g9%. The authorization to issue tax-exempt bonds is due to expire at the end of 1988, effectively increasing the cost of housing to low- moderate income families. The combination of CDBG-funded housing programs and other federally funded or assisted programs~ and other activities administered by the City or the RRHA has allowed and encouraged the repair or maintenance directly of 60,5 houses (Table 7). The number of houses addressed each year has remained substantial, but the amount of funds put into rehabilitation has declined, implying some of the work done in the last few years may be more minor, "band-aid" or maintenance than extensive rehabilitation. Several of the programs providing for this substantial level of work have been among the casualties of the federal cut-backs. As a result, some of the houses addressed by programs recently may require additional work within a short time to prevent their deterioration back into poor or critical condition. 19 Table 7 HOUSES REHABILITATED OR REPAIRED BY PROGRAMS 1982-1987 Fiscal Year Houses Estimated Cost/Investment 1982-83 127 $2,063,301 1983-8# 131 $2,515,000 198#-85 142 $1,700,000 1985-86 111 $1,562,000 1986-87 134 $1,705~000 TOTAL 645 $9,545,072 Conclusion: The level of activity in housing rehabilitation and subsidies has been maintained fairly well in the face of federal funding cuts. However, much of this has come from programs winding down or allocations "in the pipeline", behind which there is either less or nothing. Some of the federal actions taken several years ago are just now being felt in Roanoke. The impact of these cuts will continue to become heavier on residents with serious housing problems, whether they live in substandard apartments or deteriorating homes. It is unclear what effect the new federal Housing and Community Development Act and the Virginia Housing Initiatives will have, and whether the City will be able to continue its level of activity to improve housing opportunities and the attractiveness of its neighborhoods. 20 IV. THE CITY% PURPOSE REGARDING HOUSING A community should be a comfortable, pleasant place to live, work, and recreate. For the benefit of its citizens, the local government should take reasonable measures to ' see that these conditions exist generally, and that its citizens have the opportunities individually and collectively to increase their options and to pursue them. While the City's role in this should be one of leadership and initiative, it cannot assume full responsibility for this vision to be fulfilled. The private housing market is huge compared to the City's resources and abilities, and goes far beyond the political boundaries of Roanoke. The City may be able to influence, steer, facilitate or impede the actions of the private housing sector, but cannot overpower it or immediately change its fundamentals. Therefore, the City must work cooperatively with private housing providers and other governments to fulfill its purpose, concentrating on elements over which it does have significant control or influence. For long-term vitality, a City must have a mix of people. Just as a diversified economy provides stability, richness, texture, and options to an area, so does a diversified population. Roanoke is showing signs that its composition is beginning to get out of balance, particularly in terms of age and income. In order to attract more young, healthy families into the City, suitable, attractive housing must be available to them. To a significant degree, one's own image is influenced by the image of where one lives, from the specific house to the jurisdiction or even part of the country. This relationship between image and housing is a loop: housing is a major element in the publicly-held image of a neighborhood or a city, and that image is a major determinant in individual decisions about where to locate or what to build. Improving the housing conditions in Roanoke will contribute to the positive image of the City and help to reinforce the healthy population mix. The City's purpose then should be to take the lead in causing to exist a supply of housing for its residents~ that is: 1) healthy and safe 2) affordable and accessible 3) orderly arranged and in pleasant neighborhood settings #) high quality 5) varied as to type and price in order to meet the needs of each popula- tion group without precluding the housing opportunities of others, and 6) perceived to have these positive qualities and, therelore, is desirable. 21 GENERAL POLICIES There are a number of different approaches that can be taken to color the City's pursuit of its purpose in housin§. In general, the City must take a !ong-range strategic view of its activities, to insure that those activities do not have unexpected negative effects on some other aspect of the City system. Furthermore, the more fundamental aspects of housing in the City must be worked on over an extended time. Goals, objectives and activities that will be established now must move us in the direction of the long-term vision of what Roanoke and its housing should be. The following general policies and approaches transcend individual goals and objectives, but do contribute to an understanding of how the City should pursue its purpose, goals and objectives. It should be the policy of the City to: 1. Concentrate efforts and the City's limited resources first to specific strategically-located properties or to "target areas" with the greatest chance of success and highest visibilitT, i.e. to become strong enough for the private market to be self-sustaining, without need for other subsidies. In most cases, these will be areas with well-built houses, where the investments needed to repair the houses do not exceed the value of the houses afterwards. The theory of this policy is that the first priority should be maintenance and prevention of further housing and neighborhood deterioration- -"An ounce of prevention." In some cases, this may involve more extensive subsidies to reno- vate a few strategic houses in order to stabilize the neighborhood and begin its improvement toward self-sufficiency. This is consistent with the approaches proposed by Roanoke Vision, to "Maintain the high quality of strong and stable neighborhoods," and to "Improve transitional or problem areas." 2. Reinforce the strength and identity of residential neighborhoods. They provide the framework that gives security and identity to the families living there. However, to remain strong, viable communities, even stable neigh- borhoods also must participate in the active housing market, growing through heterogeneity and a reasonable rate of turnover of residents. Otherwise they may develop an abundance of aging citizens on low incomes, which is likely to trigger extensive, unsettling changes in their composition within a fairly short timeframe. To minimize eventual instability, the City should support progressive evolution of individual neighborhoods as. part of Roanoke's housing system. 22 3. Expect' recipients of subsidies to want to help themselves and to move toward self-sufficiency. The City's limited resources and subsidies should be used to motivate and encourage this. [t is well-documented that those things are most prized that have come at a price. To this end, those participating in the City's housing programs should have a clear and substantial investment in the program. Furthermore, rehabilitating a house is technically easy, but doing so improves only one aspect of the residents' conditi;% and that may be temporary. 3ust as resources should promote neighborhood self-sufficiency, the City's resources should also be used judiciously to encourage and assist the individual beneficiary to improve his/her overall condition. This may involve such things as job training as a condition of receiving a subsidy, receiving counseling concerning home maintenance, making a will clearly identifying to whom ownership of the house will pass, or making some in-kind contribution to the community. ~. Recognize the interrelation of housing and other aspects of the City, e.g. economic development, transportation, schools, zoning. Given the regional housing market, the City is competing with nearby jurisdictions for new residents, especially the prized middle and upper income households with the greatest housing choices. These families' housing decisions are likely to be influenced more by "quality of life" issues than those families who must live in low cost housing in the city. Actions taken by the City in these non-housing "quality of life" arenas, e.g. schools, recreation, public services, will produce reactions in the housing market. Further, the housing conditions in the City will effect these and other arenas, e.g. strengthening of the tax base to pay for high quality public services, increased support of the school system, enhanced attractiveness to economic development. The City must be cautious not to be "penny-wise and pound- foolish" on these issues and opportunities that will indirectly but profoundly influence the long-term health of the City. 5. Gain the maximum strategic impact in the use of the housing resources available to the City~ and ensure that resources will be available for continued community development activities into the distant future. On-going federal or state funding for housing and community improvements is not assured. 'The City must use its powers and discretion to creatively leverage private investments into the community, e.g. using subsidy do}lars to match private funds, multiplying their benefit; subsidizing a portion of a housing development, with the bulk of it unsubsidized, creating an economic mix of residents. The City also should seek the eventual reuse of funds received and expended now. This implies immediate use of subsidy allocations should be either in the form of loans or to otherwise increase revenues to the City. 23 6. The values) alternatives~ and benefits provided by Roanoke residence must be publicized via an aggressive marketing campaign. Since the success of several goals recommended in this plan rely on development and reinforcement of positive images of residential neighborhoods, downtown, and the City generally, the marketing campaign should cut across these individual elements to be compre- hensive. 5ecause Roanoke's quality of life is likely to be a basic theme of this campaign, the City must diligently invest in improving, maintaining, and advertising the product of "Quality of Life". 7. Any support or subsidy to non-conforming uses should be judiciously provided. As a rule, such support or subsidy should be provided only as excep- tions to an established rule of encouraging discontinuance of non-conforming uses. With the express intent of zoning to be the separation of conflicting uses and the discontinuance of non-conforming uses, it is only reasonable that the powers and limited resources of the City not be used to encourage the con- tinuance of such uses. 8. Architectural quality and innovative design should be stressed in new developments and maior rehabilitation proiects, lhe new construction put into place now will be a part of the City well into the 21st century, and possibly into the century after that. Efforts should be made to insure that such new development or redevelopment undertakings will be of good quality technically and will contribute to the City aesthetically over the long term. 9. With the right of property ownership comes the responsibility of pro- petty maintenance. Therefore it is reasonable to expect the owner(s) of any property in the City to effectively maintain the property to minimum standards as required by law and in such a manner as not to harm or interfere with the legitimate activities of others. While the City should attempt to encourage property ownership and may assist with the maintenance of private property, the primary responsibility remains clearly with the owner(s). 10. As provided in Chapter 16, Article III of the City Code, it is expressly contrary to the policy of the City for any person to discriminate against another person~ on the basis of race~ color~ religion~ national origin~ age~ sex~ or marital status~ in matters of housing and real estate. This inclu- des selling, leasing or renting, or otherwise transferring or using housing. It is one of the purposes of the City to maximize the housing opportunities open to all its citizens. Illegitimate discrimination is totally counterproductive to this purpose. 24 VI. ACTION PLAN -- GOALS~ OBJECTIVES~ AND ACTIVITIES Once purpose, problems, and policies are identified, the next step of a housing strategy is selection of goals to address the problems or opportunities, such goals to be consistent with the accepted policies and approaches. Goals are rather broad statements that serve to focus attention and action on a target. Each goal relates to one or more specific issues or problems, and several goals may address the same problem or opportunity. However, there should be a logical progression that can be followed from a problem, to one or several relevant goals, to a set of objectives and activities for each goal. The set of activities, prioritized and scheduled, constitute the action plan to fulfill the strategy. Following are the goals, objectives, and activi- ties recommended by the Task Force, with the agents principally responsible or most able to undertake the activities identified, and the highest priority acti- vities designated. 2~ Goal h INCREASE THE PRIORITY THAT "HOUSING" CURRENTLY HAS ON THE PUBLIC AGENDA. Objective A: Coordinate public policy and private activities that impact on long-term housing conditions. Establish housing planning as an on-going process. Organizational Activities: Priority A I) Develop or designate a single, highly- visible, adequately staffed office to coordinate all major housing programs and activities including provision of information and assistance to developers, individuals, etc. concerning housing in the City. Responsibility: City Administration. Priority A 2) Improve communication among various departments and agencies of the City responsible for diverse programs or activities that may affect or are affected by housing, lhis is intended to insure that the activities of the various departments are cooperative and mutually reinforcing to the maximum extent possible. Specifically: a) Housing activities and subsidies should be coordinated with the provision of human resource services, e.g. education and job training, health care, to gain the greatest permanent benefit to the client's condition; b) Review of development proposals through the administrative channels should continue to be coordinated and publicized to developers; c) City Council should communicate clearly to bodies they appoint that deal with housing (Redevelopment and Housing Authority, Planning Commission, Board of Zoning Appeals, Architectural Review Board) what Council's policies are regarding housing development. Council, Council-appointed Boards, and Responsibility: City City Administration. Priority A 3) solidify administration of code enforcement Strengthen and activities by: a) placing all primary code inspection responsibilities and personnel in one office under the Building Commissioner; b) funding Code Inspection personnel from the City's General Fund, rather than Community Development Block Grant funds as now (see Goal t~, Objective B, Activity 1); and c) cross-training of code inspectors in ail technical aspects of the Building Maintenance Code, Fire Regulations, and Health Code. Responsibility: City Administration, Building Commissioner. 26 Priority A #) Work Activities 1) 2) Establish a permanent committee from Strategic Plan Task Force to meet at needed to: the Housing Development regular intervals and as a) Examine current housing issues and activities; b) Monitor progress toward objectives identified in the Housing Development Strategic Plan and adopted by City Council to encourage and assist the implementation of recommended activities; c) Advise City officials on housing problems, opportunities and options; d) Comprise or contribute to ad hoc committees that may be established to study specific housing-related issues; and e) Facilitate coordination among the non-profit, and governmental sectors in activities. Responsibility: City Council and/or City Development Strategic Plan Task Force. private, private housing development Manager, Housing Continue and strengthen the Roanoke Neighborhood Partnership as a means of maintaining and improving the stability and cohesiveness of neighborhoods and their organizations. Responsibility: Roanoke Neighborhood Partnership. Perform housing impact assessments for major City programs and activities, including capital improvements, transportation planning, economic development, zoning, schools, etc. This would insure that the effects of such programs and activities on housing would be known prior to action. Responsibility: City Administration. Continue periodic review and monitoring of the existing Zoning Ordinance, building regulations, and other restric- tions and requirements affecting new residential development or rehabilitation, e.g. street frontage requirements, lot area ratios, historic area requirements. Insure there is a balance between appropriate safeguards and reasonable flexibility in the planning and zoning system to allow and encourage desirable development, and to eliminate excessive, unreasonable or 27 cobnterproductive restrictions that would add to the cost of housing. Responsibility: Office of Community Planning, Planning Commission, Building Department, Housing Development Office. 3) Develop a methodology to statistically monitor housing conditions and development activities in the City, including a field survey of conditions at least annually. Responsibility: Housing Development.. Office, Office of Community Planning, Office of Real Estate Valuation. ~) Continue preparation of neighborhood plans for each neighborhood, to include strategies to improve each neighborhood's image and attractiveness to home-buyers. Responsibility: Office of Community Planning, Roanoke Neighborhood Partnership. Objective B: Conduct housing planning on a regional basis. Activities: Priority A 1) Initiate discussions with other local governments concerning establishing a regional Task Force to review Valley-wide housing conditions~ issues~ and opportunities. Responsibility: City Administration, Housing Development Strategic Plan Task Force, Fifth Planning District Commission. 2) Establish and encourage a council of private non-profit organizations that deal with housing-related activities, e.g. Habitat for Humanity, Vocational Education Foundation, League of Older Americans, TAP, etc., to increase interagency communication, support, and joint ventures, possibly related to or including special needs housing (see Goal 8, Objective B, Activity 1). Responsibility: Housing Development Office, private non-profit organizations. 28 Goal 2: ELIMINATE BLIGHTING INFLUENCES IN NEIGHBORHOODS, e.g. VACANT HOUSES ~ITH ADVANCED DETERIORATION AND NOT ECONOMICALLY FEASIBLE TO REHABILITATE. ELIMINATE INCOMPATIBLE LAND USES. Objective A: Demolish all houses that are beyond renovation. Activities: Priority A 1) Aggressively apply the Building Maintenance Code to buildings deemed structurally unsound. This involves pursuing court procedures against owners for non-compliance with demolition orders, and/or the City having the building demolished, and billing the owner or placing a lein against the property for the cost of the demolition. Aggressively pursue legal remedies to recover the cost of the demolition. Responsibility: ttousing Development Office, City Attorney's Office. Priority A 2) Assist owners of dilapidated property to arrange for demolition by private contractors. Frequently, out-of-town owners of dilapidated houses find it very difficult to make arrangements for demolition of their buildings by local contractors. Compliance with demolition orders by these owners may be obtained more effectively if the Housing Development Office were to provide some assistance to these owners, upon request, to arrange for demolition. A list of demolition contractors could be maintained and provided to the owner upon request, with the Code Inspector playing a limited facilitating role. Responsibility: Housing Development Office. Objective B: Encourage discontinuance of land uses and activities not conforming to zoning provisions. Activities: Priority A l) Identify and inventory zones with significant levels of non-conforming uses, whether Residential zones with industrial or commercial activities, or Industrial or Commercial zones with housing. Closely reexamine the appropriateness of the zoning designation of these areas and change the zoning where appropriate. This is intended to occur within the context of neighborhood plans, but it is recommended that critical areas of conflicting land uses be identified soon, as the preparation of plans for all neighborhoods will require several years to complete. Responsibility: Office of Community Planning. 29 Priority A 2) Investigate establishing a program of: a) trading houses in non-residential zones for houses in Residential zones, with houses left in Commercial or Industrial zones demolished or salvaged for materials; and/or b) moving houses in non-conforming zones to vacant land in Residential zones, in exchange for the lots left behind in commercial or industrial areas. Such a program may effectively separate conflicting activi- ties, reinforce established residential neighborhoods, increase the supply of developable industrial/commercial land under the control of the City, and may be relatively inexpensive on balance. Responsibility: Housing Development Office, Office of Economic Development. 3) Assist and encourage non-conforming industrial or commercial businesses to relocate to appropriate zones. This likely will take the form of providing information and technical assistance to non-conforming businesses concerning opportunities for relo- cation to appropriate zones. Responsibility: Office of Economic Development. Objective C: Encourage on-going attractive maintenance of property. Activities: Priority A 1) Aggressively enforce all City Codes relating to property maintenance including: a) illegal inoperable vehicles, that is, vehicles that are not in operating condition, partially dismantled or without valid inspection decals or license plates; b) weeds and trash abatement including early activities to encourage maintenance of potential problem lots by owners throughout the growing season. Notice in the early spring to the owners of lots that typically are overgrown may encourage voluntary compliance. c) Building Maintenance Code and other applicable City Codes to remove dilapidated outbuildings and remove trash and debris. The Building Maintenance Code applies to 3O Priority A 2) outbuildings as well as to main houses. Many such garages or other buildings are literally falling down, sometimes into alleys or onto adjacent property. Such dilapidated buildings have no positive value but are significantly blighting to a neighborhood. Responsibility: Building Department, Grounds Maintenance, Health Department. Encourage neighborhood organizations to establish neighborhood pride and improvement programs to aid in removing blight. Such organizations are not constrained by some of the City. The successful self-help neighborhood efforts of some organizations, e.g. Northwest Environmental Organization, demonstrates the activism can have when supplementing public actions. Responsibility: Roanoke Action Against Poverty limits on the improvement Neighborhood effect such Neighborhood Partnership, Total Goal 3: Objective: Activities: Priority A Priority A Priority A ENCOURAGE DEVELOPMENT OF SUITABLE VACANT LAND WITH NEW) GOOD QUALITY) ATTRACTIVE HOUSING USING VACANT LOTS IN ESTABLISHED NEIGHBORHOODS AS WELL AS LARGER UNDEVELOPED TRACTS. Increase the number of new dwelling units by 450 each year. 1) 2) 3) 4) Prepare and maintain an inventory of available tracts of land and vacant lots for residential development and publicize them in a "Vacant Land Catalog". Publicize the advantages of Residential Planned Unit Developments to contractors and developers. Continue and publicize the construction subsidies made available by the Vacant Lot Homesteading Program. Responsibility: Housing Development Office) Office of Community Planning. Assemble strategic groups of vacant lots or vacant land to be made available for residential development. Where necessary or appropriate~ condemnation procedures may be used by the Redevelopment and Housing Authority for this purpose in designated Redevelopment Areas or Conservation Areas. (See Goal 7, Objective B, Activity 4). Responsibility: City) Redevelopment and Housing Authority. Develop creative promotional material and a marketing strategy for developers~ encouraging new construction in Roanoke. Such activities might be similar to promotions undertaken to promote economic development. Develop contacts with such reputable residential developers to call their attention to Roanoke Introducing the City to such entities may be a means attracting creative design ideas and outside capital to this area. (See Goal 7, Objective B, Activity 5). Responsibility: Housing Development Office, Office of Economic Development) Chamber of Commerce~ and Board of Realtors. Investigate the feasibility of a property tax abatement incen- tive for new residential construction parallel to the property tax abatement for rehabilitation. Such a measure is likely to require State authorization for such an incentive, either through general legislation or a change in the City Charter. (See Goal 7) Objective B, Activity 1). Responsibility-' Housing Development Office, Director of Finance) City Attorney. 32 5) 6) 7) Pr6vide means in the City's Capital Improvements Program for the provision of public infrastructural improvements (e.g. water and sewer lines, curb and gutter) to developable land, to increase attractiveness for residential development. To maximize the City's influence and leverage over such new development, not all such public improvements should be made speculatively, but held out for use in negotiations with developers. Responsibility: City Administration, City ~ncil Investigate the feasibility and implications of a program of Tax Increment Financing to facilitate new residential develop- ment. Such a scheme might involve projecting revenues to be received by the City over a period of years as a result of the new development, and devoting a portion of this anticipated revenue to the initial provision of infrastructural improve- ments or otherwise encouragement of the development. Responsibility: City Housing Development Office, Director of Finance, Director of Public ~/orks and Office of Community Planning. Ensure that vacant land is assessed and taxed at its fair value, to increase the incentive for its development. Approximately 925 acres in large tracts of vacant land used for certain designated agricultural purposes is assessed at State- imposed values, which are small fractions of the usual tax- assessed value of vacant land. These low assessments are a significant disincentive to developing the land for its highest, best, most productive and valuable use, whether industrial, commercial, or residential. Since state law allows but does not require this preferential taxation, the City should abandon the agricultural use designation. Responsibility: City Council, Department of Real Estate Valuation. 33 Goal #: Objective A: Activities: Priority A Priority A PRESERVE STRUCTURALLY SOUND RESIDENTIAL PROPERTY ~VHEN ECONOMICALLY FEASIBLE OR STRATEGICALLY IMPORTANT. THIS INVOLVES: a) preventing the deterioration of units in good condition through appropriate on-going maintenance; and b) rehabilitating units that are deteriorating deteriorated to a substandard condition; and now, c) encouraging productive reuse of vacant houses or have Limit the number of housing units that become seriously substandard (i.e. uninhabitable or in imminent danger of becoming uninhabitable) to no more than 125 in any year. 1) 2) 3) Encourage formation and operation of neighborhood organizations, as conduits of information to the City about neighborhood housing conditions and to the community about housing opportunities. Facilitate establishment of "handyman services" by neighborhood organizations, churches, school groups, service organizations, etc., to build a network of support, encourage- ment, and assistance for property maintenance. Responsibility: Roanoke Neighborhood Partnership, neighborhood organizations, City Housing Development Office, churches, TAP and other private non-profit groups. Continue to aggressively enforce the Building Maintenance Code to seek out and monitor houses that are vacated, to ensure they remain closed and protected until reoccupancy. Provide courtesy Code inspections on houses in good condition to the extent time allows. Responsibility: City Housing Development Office Establish a "speakers bureau" and resource bank to distribute information and assistance regarding home maintenance, acquisi- tion, and disposition. Include publicity concerning the impor- tance of having a will to preserve clear title and ownership. Responsibilit¥: City Housing Development Office, Roanoke Neighborhood Partnership and neighborhood organizations, Homebuilders Association, Board of Realtors, Roanoke Bar Association, other specific professional groups. 3# Objective B: Activities: Priority A Priority A ~) Maintain a high level of quality facilities, including schools, in encourage continued private investment. Responsibility: City, School Board. o~ public services and residential areas to 5) Continue and expand the Vacant House Catalog, published twice yearly, as an effective means of marketing vacant houses in good condition before their deterioration. Responsibility: City Housing Development Office. Rehabilitate or repair 150 houses each year, that are deteriorated or deteriorating but are still structurally sound. l) 2) 3) Aggressively enforce the Building Maintenance Code on houses in this category, whether vacant or occupied, especially in speci- fic targeted neighborhoods with the support of the neighborhood organizations. Federal funding of Code Enforcement requires relocation payments to residents displaced as a result of code enforcement. Such relocation payments may amount to $0,000-5,000 per tenant. As a result of this requirement, current code enforcement inspection activities are restricted to vacant houses, particularly in designated Conservation Areas and Rehabilitation Districts, and to investigating complaints on a very cautious, limited basis. Removing the limitations on use of current code enforcement inspectors by funding them from the City's General Fund, rather than from CDBG funds, would allow code enforcement to play an effective proactive rather than a reactive role. Responsibility: City Housing Development Office. Develop alternative sources of private loan funding for repairs to residential ( rental and owner -occupied ) property, on favorable terms, e.g. mortgage revenue bonds sold to local lenders or investors, VHDA Virginia Housing Fund, etc. Responsibility: City Housing Development Office, Redevelopment and Housing Authority, Mortgage Lenders Association and commer- cial lenders. Increase the cost of keeping property vacant, by establishing a program ol substantial nuisance charges against property allowed to stand vacant for an extended period. Such proper- ties constitute fire hazards, (there are approximately 50 fires in vacant houses each year) health hazards, and detract from the image and value of surrounding properties, neighborhoods, and by extension the whole City. Authority to impose nuisance charges is likely to require state authorization via general legislation or a change in the City Charter. Responsibility: City, General Assembly. 35 ~) 6) Buy or facilitate the transfer of vacant property to parties willing and able to renovate and reuse it. This includes the use of condemnation powers by the Redevelopment and Housing Authority to acquire strategically located property, and court- ordered sale of property for delinquent taxes or liens. Responsibility: City Housing Development Office, Neighborhood Partnership, Redevelopment and Housing Authority, City Attorney's Office. Provide and publicize incentives and programs to assist residen- tial rehabilitation generally, e.g. by very low income homeowners, moderate income young families, rental property, etc. For property tax abatement for rehabilitation, seek state authorization to allow the existing tax-assessed value to be accepted as the pre-rehabilitation property value. Responsibility: Housing Development Office~ Redevelopment and Housing Authority~ Commissioner of Revenue, City Council, City Attorneyts Office. Renew efforts to have the State find a means to modify or expedite the escheat process for abandoned properties. Under current practice, such abandoned property typically sits for 5-10 years before it is sold by the State. By that time, houses are likely to be so dilapidated as to require very extensive, expensive renovation, if salvageable at all. Meanwhile~ the vacant houses (or lots) blight the neighborhood and hurt property values. In addition to or in lieu of generally shortening the escheat process, the State should be encouraged to develop a means to allow the local government, Community Development Corporations or non-profit organizations to have expedited access (e.g. right of first refusal) to escheated properties ~ and furthermore that incentives be developed, expanded~ and publicized for private donations of property, materials and services to such agencies. Responsibility: City Council, Roanoke Neighborhood Partnership, neighborhood organizations~ non-profit organizations. 36 Goal Objective A: Activities: CREATE A POSITIVE ENVIRONMENT FOR HIGH-QUALITY, ATTRACTIVE, HIGH-DENSITY DOWNTOWN RESIDENTIAL DEVELOPMENT. Facilitate location of 50 additional housing units in downtown by 1990. The activities under this goal need to be coordinated more closely than is typical for other goals. Because of the importance of implementing these activities simultaneously, no individual priorities are assigned. 1) Establish a Community Development Corporation (CDC) (hereafter referred to as the Downtown CDC) to facilitate residential development projects in downtown. Such a CDC may be oriented specifically to downtown housing, or may be of multiple housing development purposes, of which downtown housing would be a pro- minent one. A CDC provides a vehicle for the collection and use of public and private funds for activities and projects that benefit the community. The CBC may be for profit or non- profit, may be owned or affiliated with a commercial bank or group of banks, and may or may not be connected to the City. It is likely however that the City would assist and encourage the organization of the CDC. Responsibility: Housing Development Office, Downtown Roanoke, Inc., commercial banks; if multi-purpose, Neighborhood Partnership and neighborhood organizations. 2) In conjunction with commercial lenders, develop financing packages to facilitate residential developments downtown. These could include: a) A loan guaranty pool which would make it possible to require no down payment for owner-occupied housing. Such financing would assist households with moderate income but little cash reserves to buy housing units downtown, and would provide an extra incentive even for those that do have cash. b) A loan pool to finance renovations to rental housing units downtown. It is likely that the bulk of the first housing units developed downtown will be rental rather than owner- occupied. Development of such units, probably in existing loft space in small buildings, will demonstrate the market for larger, more ambitious projects. Responsibility: Downtown Roanoke~ Inc., Mortgage Lenders Association and individual commercial lenders, Downtown CDC. 37 3) ~) ~) 6) 7) Develop a mechanism for identifying and assembling sizeable tracts of vacant land in and around downtown to be made available for residential development by the Redevelopment and Housing Authority or the Downtown CDC. The downtown area should be designated a Redevelopment Area or Conservation Area such that the Redevelopment and Housing Authority's condem- nation powers may be used if necessary. Responsibility: Housing Development Office, Redevelopment and Housing Authority, Downtown Roanoke, lmm, Downtown CDC. Continue physical improvements to public facilities, services and rights-of-way downtown, including security, to improve the attractiveness and perceived quality of life provided by downtown living. Responsibility: City. Develop a strategy to meet accessory needs to increase market attractiveness of housing downtown, including adequate, convenient and appropriate parking and other amenities, accessible goods and services from the private business sector, etc. Aggressively market the desirability of living downtown. Responsibility: Downtown Roanoke, Inc., Downtown CDC, Center in the Square. Develop and maintain an inventory of available space in existing downtown buildings that may be adaptable for residential use, whether owner-occupied or rental. This listing would be available to citizens interested in buying or renting space downtown in which to live. Monitoring this acti- vity would help document the market for additional housing in the downtown area. Responsibility: Downtown Roanoke, Inc.~ Downtown CDC~ Board of Realtors. Identify and evaluate restrictive codes and regulations that impede residential development in existing buildings downtown. Responsibility: Office of Community Planning, Planning Commission~ Building Department, Housing Development Office. Goal 6; ENCOURAGE AND ASSIST NEW AND CONTINUED HOMEOWNERSHIP ACROSS ALL INCOME LEVELS. Objective A: Increase the number of units that are owner-occupied by 625 within 5 years. Activities: Priority A 1) Implement an Urban Homesteading Program for owner-occupancy of deteriorated rental or vacant houses. Major aspects of this Program would include matching a deteriorated house with a family or individual to repair and live in it, with attractive financing provided. Responsibility: Housing Development Office, Redevelopment and Housing Authority. Priority A 2) Develop a strategy with commercial lending institutions to reduce the burden of cash requirements for home purchase. Such a program would assist buyers with the means and motiva- tion to make the required monthly payments and to maintain a home, and also would increase the incentive to buy in the City. Use this strategy to assist tenants in public and subsidized housing to become homeowners. Such a program may rely on deve- lopment of loan guarantees or of an alternative to the tradi- tional secondary market for mortgage loans. Responsibility: Housing Development Office, Mortgage Lenders Association. 3) Develop and provide education to the public on buying and main- taining a home, including to high school students. Investigate, publicize, encourage and facilitate alternative means to homeownership in the private sector, e.g. prudent lease/purchase arrangements, which may be sponsored by private non-profit organizations. Responsibility: Housing Development Office, Board of Realtors, Home Improvement Council, School Board, private non-profit organizations. Maintain the continued presence and quality of neighborhood elementary schools as a major attraction to residential neigh- borhoods of young middle-income families. Responsibility: School Board, City. 39 Objective B: Activities: Priority A Priority A Encourage continued homeownership. 1) 2) Continue to provide a variety of new and on-going programs of subsidy or technical assistance to help low-income homeowners make repairs or perform general maintenance and up-keep. Provide homeownership counseling and instruction to all homeowners who receive rehabilitation subsidies through public programs, such instruction to focus on on-going home main- tenance and minor repair. Responsibility: Housing Development Office, Redevelopment and Housing Authority, Total Action Against Poverty, League of Older Americans, neighborhood groups. Investigate establishing programs to assist homeowners with changing housing needs. As one's life progresses, the type of shelter needed also changes--larger quarters with yard space ~or children; smaller less expensive low maintenance housing as children leave home and financial and physical abilities weaken. However, for various reasons individuals may be unable or unwilling to sell their homes outright. Resources or alter- natives to typical homeownership or property sale might pro- vide options to help citizens satisfy their changing needs while minimizing the disruption in their lives, e.g. elderly homeowners in a large house wishing to trade their home for a smaller one~ or share their home with a roommate or tenant. Responsibility: Private organizations concerned with specific client groups, e.g. League of Older Americans. Goal 7: Obiective A: Activities: Priority A Priority A Priority A INCREASE THE SUPPLY OF QUALITY RENTAL HOUSING ACROSS THE FULL RANGE OF COSTS. Increase and improve the supply of low-cost housing. 1) 2) 3) Actively seek allocation of additional rent-subsidized units from HUD which support rehabilitation of sub-standard units, e.g. Section 8/Moderate Rehabilitation, Rental Rehabilitation. Such subsidies encourage the improvement and maintenance of low-cost units and contribute federal monies to the local eco- nomy. While such subsidies are still available from HUD, Roanoke should use them to the maximum extent to improve the housing stock while enabling our low-income citizens to live in safe, sanitary quarters. Responsibility: Redevelopment and Housing Authority, City Housing Development Office. Use the leverage afforded by rent subsidy contracts and rehabi- litation subsidies to require owners of rent-subsidized pro- perty to maintain it to a high level of quality. Full advantage should be taken of the requirements that Section 8 units be kept to the Housing Quality Standards, and that Rental Rehabilitation units be maintained even in the absence of sub- sidized tenants. The Redevelopment and Housing Authority, as the administering agency of these programs, should apply these standards aggressively. Responsibility: Redevelopment and Housing Authority. Aggressively enforce the Building Maintenance Code on occupied dangerous rental property, either to repair to make the property safe or to vacate it. Even with a shortage of available alternative shelter or low-rent housing, it is imperative that appropriate action be taken to protect lives when imminently threatened. The Building Commissioner, as responsible for administration of the Building Maintenance Code, must use discretion in ordering immediate vacation of substandard units, and should remain fully informed of alter- native shelter available to displaced tenants. The City Social Services Department should assist displaced tenants to arrange for such shelter. Responsibility: Housing Development Office, City Health Department, Department of Social Services, Commonwealth Attorney's Office and General District Court. #1 Priority A ~) Target available rent subsidies and rehabilitation subsidies to occupied sub-standard rental property identified via Code Enforcement. [f the Code is aggressively applied to occupied rental property, available subsidies may act as a means and incentive for the property owner to make necessary repairs to his building without displacing the tenant--a carrot to accom- pany the stick of Code Enforcement. Even if rehabilitation subsidies can not be applied or are not viable for a particular case, tenants that must be moved out of substandard housing should be served by a set-aside of either Section 8 Certificates, Housing Vouchers, or public housing units. To the extent allowed by HUD regulations, the Redevelopment and Housing Authority should insure that such a supply of units are available to support the Code Enforcement program, and that means be developed to expedite review and approval of tenants' applications. Responsibility: Redevelopment and Housing Authority. Priority A 5) Publicize and encourage tenant-initiated actions to improve rental conditions as allowed by the Virginia Residential Landlord-Tenant Act. lhis law authorizes tenant remedies such as court escrow of rent until repairs are made or terms of the lease are otherwise fulfilled. Code Enforcement activities should include advising tenants in substandard housing of the provisions of the Landlord-Tenant Act as it may relate to their situation. Responsibility: Citizens Request for Service, Housing Development Office, Legal Aid Society, Roanoke Bar Association. 6) Investigate the feasibility of establishing and using well regulated mobile home parks as a source of low-cost housing. This may include City-owned and operated parks, with a portion of rental income going into escrow for the tenants to buy homes. Mobile homes constitute reasonable quality low cost housing. If stringent controls are imposed on set-ups and appearance, such homes may be of even better quality and stronger assets to an area than many detached, conventionally built houses. It may be possible to use them, on a temporary basis, to provide affordable rental housing, assist young families to save to buy a home in the City, introduce these families to a neighborhood and the City, and bank attractive land until suitable for new valuable development, all at the same time. It is likely that such a project would be most viable in a transitional area or non-residential zone on the fringe of a residential neighborhood. Responsibility: Housing Development Office, Office of Community Planning and Planning Commission. Objective 13: Encourage and facilitate construction of and increase attractiveness of existing income tenants. Activities: Priority A 1) Investigate the feasibility of a property tax abatement incen- tive for new rental construction in s~ecific targeted areas. (See Goal 3, Activity #.) " Responsibility: Housing Development Office, Director of Finance, City Attorney. middle to high-rent units, units to middle to upper Priority A 2) 3) ~) 5) Pursue financing subsidies and incentives for rental property development or rehabilitation that provide for appropriate com- binations of uses, types of housing and income mixes, e.g. Housing Development Action Grants (HoDAG), low income tax cre- dits, other means of development in which low income units comprise a part of a larger project. In this way, additional rental units may be built for low-income tenants as part of a market-rate project, but without creating completely low- income projects. Responsibility: Housing Development Office, Redevelopment and Housing Authority. Encourage mixed use developments with apartments among single- family detached housing, with attractive amenities for middle to upper-income tenants. Prepare and maintain an inventory of available tracts of land and vacant lots for residential deve- lopment, and publicize them in a "Vacant Land Catalog". Publicize the provisions and advantages of Residential Planned Unit Developments to contractors and developers. Responsibility: Housing Development Office, Office of Community Planning. Assemble strategic groups of vacant lots or vacant land to be made available for high quality rental and mixed development. Where necessary or appropriate, condemnation procedures may be used by the Redevelopment and Housing Authority for this pur- pose. (See Goal 3, Activity 2.) Develop contacts and relationships with developers of rental and mixed housing to call their attention to opportunities in Roanoke. (See Goal 3, Activity 3.) Goal 8: SUPPORT COOPERATIVE PUBLIC/PRIVATE EFFORTS TO PROVIDE APPROPRIATE HOUSING FOR GROUPS ~VITH IDENTIFIED SPECIAL NEEDS, INCLUDING PHYSICALLY, MENTALLY, OR EMOTIONALLY HANDICAPPED; ABUSED SPOUSES AND CHILDREN; SUBSTANCE ABUSERS; CRIMINAL OFFENDERS AND EX-OFFENDERS; AND TRANSIENTS AND HOMELESS. Objective A: Identify the need for and factors in locating special-needs housing. Activities: Priority A 1 ) Examine the conclusions of the group home study conducted by the Council of Community Services and the Fifth Planning District Commission) tentatively scheduled for completion in 3une 1988, and encourage appropriate action pursuant to that study. Responsibility: Department of Human Resources, Office of Community Planning, Housing Development Office, Housing Development Strategic Plan Task Force. Priority A 2) Evaluate the effect of public regulations and policies on the provision of housing for special needs populations, and the impact such housing has on the surrounding community. Responsibility: Office of Community Planning, Planning Commission, Board of Zoning Appeals, Department of Human Resources. Priority A 3) Assist human service organizations with identified special housing concerns to evaluate potential locations appropriate to their housing needs. ResDonsibilit)': Office of Community Planning, Department of Human Resources, Zoning Administrator. Objective B: Educate the public to the need for special needs facilities and to the impact they actually have on a neighborhood. Activities: Priority A 1) Encourage establishment of a coordinating mechanism for private groups involved in housing for special needs populations. Responsibility: Roanoke Valley Council of Community Services, Human Resources Steering Committee, Office of Community Planning. 2) Disseminate information on th,e need for housing by special needs populations through neighborhood organizations. Develop a media campaign documenting the importance of special needs housing and highlighting successful local projects. Attempt to secure newspaper, TV, and radio reports on the need for such facilities. Responsibility: Roanoke Valley Council of Community Services, other coordinating body (Activity ! above), Roanoke Neighborhood Partnership. VII. ADDITIONAL RESOURCES Implementation of the activities recommended here will require more resources than what have historically been available. Successful pursuit of the City's housing goals compels that these resources, whether money, manpower or methods, be diligently pursued, lhe following are initiatives recommended to develop the new means and resources to addess the City's housing problems. Activities: l) Establish a non-profit Housing Development Corporation to better capitalize on housing opportunities and to address housing needs; and/or a for-profit consortium of developers and investors to undertake innovative, aggressive housing development projects. Responsibility: City, private business interests. 2) City staffing should be reinforced to provide the capability to substantially implement the recommendations of this study over the next five years. Even with increased coordination, current staffing levels are inadequate to effectively undertake even the most important of the identified activities. Responsibility: City Council, City Administration. Maintain up-to-date information regarding available housing programs and resources from federal and state governments and private foundations that may be applied to Roanoke. Continue to seek such funding through the Office of Grants Monitoring. Responsibility: Housing Development Office, Office of Grants Monitoring. Collect information on the policies and programs other locali- ties have implemented to creatively and effectively address housing concerns relevant to Roanoke and how they are orga- nized to do so. The problems and opportunities faced by Roanoke are not likely to be so unique that City officials could not learn from the experiences of other localities. Responsibility: Housing Development Office. To the maximum extent possible, use available public funds in order to gain access to or use of funds from other sources (leveraging), or in such a way that the public funds revolve back to the City for re-use (recylcing). Responsibility: City, Redevelopment and Housing Authority. 7) Request a change to the City Charter to allow imposition of a nuisance fee for vacant structures, the revenues from such fees to be dedicated to housing and community development activities. (See Goal 4, Objective B, Activity 3.) Responsibility: City Council. Formulate and package preliminary plans for housing development projects to be available when specific funding opportunities are announced, (e.g. HoDAG, Section 202 proposals). Frequently such programs are announced with so short a deadline for appli- cations that entirely new projects cannot be developed in time. Preliminary planning and investigation of possible projects may make it more feasible to capitalize on funding opportunities. Responsibility: Housing Development Office, Office of Grants Monitoring, Community Development Corporation(s), neighborhood organizations, developers in the private sector. #7 VIII. CONCLUSION For an older central city, Roanoke's housing conditions are reasonabiy good. There are not large areas of terrible blight and abandonment. There are few people living in dangerous buildings. A range of housing is available for the range of needs and preferences. Nonetheless, there is evidence that continuation of ~oanoke's good fortunes may be in ieopardy. In the future Roanoke will face probable rising rents, declining federal housing subsidies, and continued attraction of the suburbs for young families. To maintain our continued good housing conditions, Roanoke must energetically and courageously embark on a course of policies and actions to insure the long-term vitality and attractiveness of the City for economic development and population growth. Repeatedly through the deliberations of the Task Force, the theme of quality of life surfaced. Clearly one of the most significant factors in a family's decision to locate is the quality of life items--quality and proximity of schools, recreation facilities, security, etc. If the City is to remain com- petitive with surrounding jurisdictions for the middle and upper income families that contribute to the balance in a neighborhood or a city, there is no alter- native to on-going investment in the quality of life. The conclusion of Roanoke Vision speaks to avoiding missed opportunities, i.e. taking advantage of important opportunities as they arise, lest they never be presented again. This Task Force feels that it is critical to the long-term health and liveability of Roanoke that, while the City should not be foolhardy or extravagant in its pursuits, neither should it be penny-wise and pound- foolish with investments in its future quality of life. Housing conditions and opportunities being significant elements of the City's identity and image, we urge the City to diligently and creatively pursue its purpose and vision, embrace the goals and objectives recommended herein, and implement the activi- ties and programs described here to improve housing in Roanoke. PRO3ECTED TIMEFRAME FOR IMPLEMENTATION OF HIGHEST PRIORITY ACTIVITIES Goal 1: Housing as a priority 1. Consolidated office 2. Coordination; Council's policies 3. Code administration; General Funding 4. Permanent committee of Task Force 5. Regional Task Force Goal 2: Eliminate blight, incompatible uses 1. Code enforcement re. unsound buildings 2. Assist demolition arrangements 3. Evaluate zones of non-conforming uses 4. Removal of non-conforming houses 5. Code enforcement other than houses 6. Neighborhood pride and improvement Goal 3: New construction i. Vacant Land Catalog; publicize RPUDs 2. Land assemblage 3. Marketing strategy Goal ~: Preservation and rehabilitation I. Neighborhood groups; handyman services 2, Code enforcement re. good/salvageable houses 3. Develop Alternative Loan Financing Goal 5: Downtown housing I. Downtown CDC 2. Financing packages for rental and owner-occupancy 3. Land assemblage 4. Public improvements and services 5, Accessory needs strategy; marketing campaign 6. Inventory of available space 1988 1989 I990 current current current 49 Goal 6: Homeownership, new and continued 1. Urban Homesteadin§ Pro§ram 2. Reduce cash requirements to buy 3. Subsidies, technical assistance, counselin§ 4. Pro§rams for chan§in§ needs Goal 7: Rental housin§ I. Additional rental subsidies 2. Maintenance of subsidized units 3. Code enforcement re. occupied dan§erous units 4. Linkage of subsidies to code enforcement 5. Tenant actions per Landlord-Tenant Act 6. Tax abatement for new units in tar§eted areas 7. Incentives for mixed developments Goal 8: Special needs housin§ 1. Examine study by 5PDC and RVCCS 2. F~valuate effects of re§ulation; effect on community 3. Evaluate potential sites 4. Coordinatin§ mechanism 1989 1990 1991 5O 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #-60-236-467 Marsha W. Ellison, Chair Roanoke City School Board 2030 Knollwood Road, S. W. Roanoke, Virginia 24018 Dear Ms. Ellison: I am enclosing copy of Ordinance No. 33465-070797 amending and reordaining certain sections of the 1997-98 School Fund Appropriations, providing for appropriations to certain school grant accounts. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE~ City Clerk MFP:sm Eric. pc: Dr. E. Wayne Harris, Superintendent, Roanoke City PubLic Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board W. Robert Herbert, City Manager James D. Grisso, Director of Finance Diane S. Akers, Budget Administrator, Office of Management and Budget IN. THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33465-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School Fund Appropriations, and providing for an emergency. .. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: ~choolFund AooroDriations Education $116,495,995 Title I Winter 97-98 (1-32) ................................... 2,765,869 Title IV 97-98 (33-43) ...................................... 149,259 Governor's School 97-98 (44-87) ............................. 960,111 Flow Through 97-98 (88-103) ................................ 978,000 Child Development Clinic 97-98 (104-112) ...................... 63,929 Child Specialty Services 97-98 (113-121 ) ....................... 60,427 Juvenile Detention Home 97-98 (122-130) ...................... 112,285 Preschool Incentive 97-98 (131-142) .......................... 116,946 Special Education Interpreter Training 97-98 (143-146) ............20,724 Adult Basic Education 97-98 (147-161) ........................ 139,256 Apprenticeship 97-98 (162-168) .............................. 112,888 Perkins Act Fund 97-98 (169-175) ............................ 313,754 Regional Adult Education Specialist 97-98 (176-184) ............. 35,000 Adult Education in the Jails 97-98 (185-188) .................... 36,643 Regional Adult Literacy (TAP) 97-98 (189) ...................... 116,874 GED Testing 97-98 (190-191) ................................ 7,772 Opportunity Knocks (GED) 97-98 (192-193) ..................... 2,745 Drug Free Schools 97-98 (194-204) ........................... 59,233 Governor's School Instructional Technology Funds 97-98 (205) ..... 25,000 Project YES 97-98 (206-212) ................................ 256,296 Grants Management 97-98 (213-217) .......................... $ Alternative Education Program 97-98 (218-235) .................. Other Uses of Funds (236-237) .............................. Instruction (238-241) ....................................... Revenue 67,247 1,253,393 2,105,604 63,868,404 Education $116,495,995 Title I Winter 97-98 (242) ................................... 2,765,869 Title IV 97-98 (243-244) .................................... 149,259 Governor's School 97-98 (245-247) ........................... 960,111 Flow Through 97-98 (248-249) ............................... 978,000 Child Development Clinic 97-98 (250) ......................... 63,929 Child Specialty Services 97-98 (251) .......................... 60,427 Juvenile Detention Home 97-98 (252) ......................... 112,285 Preschool Incentive 97-98 (253) ............................. 116,946 Special Education Interpreter Training 97-98 (254) ............... 20,724 Adult Basic Education 97-98 (255-256) ........................ 139,256 Apprenticeship 97-98 (257-258) .............................. 112,888 Perkins Act Fund 97-98 (259) ................................ 313,754 Regional Adult Education Specialist 97-98 (260) ................. 35,000 Adult Education in the Jails 97-98 (261-262) .................... 36,643 Regional Adult Literacy (TAP) 97-98 (263) ...................... 116,874 GED Testing 97-98 (264) ................................... 7,772 Opportunity Knocks (GED) 97-98 (265) ........................ 2,745 Drug Free Schools 97-98 (266) .............................. 59,233 Governor's School Instructional Technology Funds 97-98 (267) ..... 25,000 Project YES 97-98 (268) .................................... 256,296 Grants Management 97-98 (269) ............................. 67,247 Alternative Education Program 97-98 (270-272) .................. 1,253,393 1) Elementary Teachers 2) Coordinators 3) Teacher Aides 4) Extended DaylIEP Supplements 5) Social Security 8) Retirement 7) Health Insurance 8) Group Life Insurance 9) Instructional Supplies 10) Other Supplies 11) Administrator (030-060-6158-6000-0121 ) (030-060-6158-6000-0124) (030-060-6158-6000-0141 ) $1,077,694 127,310 258,457 (030-060-6158-6000-0129) 131,926 (030-060-6158-6000-0201 ) 122,047 (030-060-6158-6000-0202) 179,860 (030-060-6158-6000-0204) 124,119 (030-060-6158-6000-0205) 1,758 (030-060-6158-6000-0614) 38,520 (030-060-6158-6000-0615) 62,586 (030-060-6158-6200-0114) 62,143 12) Parent Involvement Coordinator 13) Evaluation Specialist 14) Parent Involvement Aides 15) Clerical 16) Social Security 17) Retirement 18) Health Insurance 19) Group Life Insurance 20) Indirect Costs 21) Maintenance and Repair 22) Travel 23) Transportation Services 24) Evaluation 25) Parent Involvement 26) Homeless/Neglected Materials 27) Dissemination 28) Administrative Supplies 29) Food 30) Miscellaneous Supplies 31 ) Inservice Supplies 32) Equipment 33) Visiting Teachers 34) Social Security 35) Retirement 36) Health Insurance (030-060-6158-6200-0124) $ 43,500 (030-060-6158-6200-0138) 28,388 (030-060-6158-6200-0141 ) 9,116 (030-060-6158-6200-0151 ) 19,397 (030-060-6158-6200-0201 ) 12,435 (030-060-6158-6200-0202) 19,977 (030-060-6158-6200-0204) 11,708 (030-060-6158-6200-0205) 195 (030-060-6158-6200-0212) 39,024 (030-060-6158-6200-0332) 25,600 (030-060-6158-6200-0551 ) 2,750 (030-060-6158-6200-0583) 159,127 (030-060-6158-6200-0584) 27,148 (030-060-6158-6200-0585) 17,025 (030-060-6158-6200-0586) 38,050 (030-060-6158-6200-0587) 12,500 (030-060-6158-6200-0601 ) 2,725 (030-060-6158-6200-0602) 12,360 (030-060-6158-6200-0615) 590 (030-060-6158-6200-0617) 54,260 (030-060-61 58-6200-0821 ) 43,576 (030-060-6244-6231-0123) 86,000 (030-060-6244-6231-0201 ) 6,646 (030-060-6244-6231-0202) 10,569 (030-060-6244-6231-0204) 4,683 103 3,218 37) Group Life Insurance (030-060-6244-6231-0205) 38) Instructional Materials (030-060-6244-6318-0613) 39) Director, Research/ Testing/Evaluation 40) So, al Security 41 ) Retirement 42) Health Insurance (030-060-6244-6665-0114) (030-060-6244-6665-0201) (030-060-6244-6665-0202) (030-060-6244-6665-0204) 43) Group Life Insurance (030-060-6244-6665-0205) 44) Teachers (030-060-6313-6146-0121 ) 45) Substitute Teachers (030-060-6313-6146-0021) 46) Outreach/Intercession/ Mentorship (030-060-6313-61 46-0129) 47) Social Security (030-060-6313-6146-0201) 30,709 2,349 3,774 1,171 37 491,917 2,225 4,000 38,108 48) State Retirement 49) Health Insurance 50) Group Life Insurance 51) Local Travel 52) Conference Travel 53) Field Trips 54) Textbooks 55) Software 56) Other Materials 57) Director 58) Clerical 59) Social Security 60) Retirement 61) Health Insurance 62) Group Life Insurance 63) Local Travel 64) Conference Travel 65) Administrative Supplies 66) Other Materials 67) Inservice 68) Temporary Clerical Support 69) Social Security 70) Service Contracts 71) Instructional Technology 72) Purchased Services 73) Library Materials 74) Instructional Supplies 75) Equipment 76) Custodian 77) Social Security 78) City Retirement 79) Health Insurance (030-060-6313-6148-0202) $ 60,457 (030-060-6313-61 48-0204) 23,336 (030-060-6313-6146-0205) 590 (030-060-6313-6146-0551 ) 390 (030-060-6313-6148-0554) 1,401 (030-060-6313-6146-0583) 1,173 (030-060-6313-6146-0613) 6,150 (030-060-6313-61 48-0614) 2,150 (030-060-6313-61 48-0615) 6,000 (030-060-6313-6319-0126) 70,252 (030-060-6313-6319-0151) 25,425 (030-060-6313-6319-0201 ) 7,319 (030-060-6313-6319-0202) 11,759 (030-060-6313-6319-0204) 4,683 (030-060-6313-6319-0205) 115 (030-060-6313-6319-0551 ) 535 (030-060-6313-6319-0554) 870 (030-060-6313-6319-0601 ) 6,570 (030-060-6313-6319-0615) 6,820 (030-060-6313-6346-0129) 2,936 (030-060-6313-6346-0151 ) 5,000 (030-060-6313-6346-0201 ) 383 (030-060-6313-6346-0332) 7,008 (030-060-6313-6346-0351 ) (030-060-6313-6346-0381 ) (030-060-6313-6346-0613) (030-060-6313-6346-0614) (030-060-6313-6346-0821 ) (030-060-6313-6681-0192) (030-060-6313-6681-0201 ) (030-060-6313-6681-0203) (030-060-6313-6681-0204) 80) Group Life Insurance (030-060-6313-6681-0205) 81 ) Electrical Service (030-060-6313-6681-0511 ) 82) Natural Gas Service (030-060-6313-6681-0512) 83) Telecornmunicetione (030-060-6313-6681-0523) 84) Maintenance Supplies (030-060-6313-6681-0608) 85) Furniture Replacement 86) Principal Repayment 87) Interest on Debt 88) Teachers (030-060-6313-6681-0802) (030-060-6313-6998-0901 ) (030-060-6313-6998-0902) (030-060-6538-6453-0121 ) 15,200 9,175 225 27,021 12,000 17,149 1,312 2,144 2,342 21 15,000 500 6,760 6,350 1,900 38,500 16,940 378,780 89) Coordinators 90) Psychologist 91 ) Classroom Aides 92) Social Security 93) State Retirement 94) Health Insurance 95) Group Life Insurance 96) Bus Aides 97) Social Security 98) Health Insurance 99) Contracted Health Services 100) Travel 101) Inservice 102) Supplies 103) Equipment 104) Educational Coordinator 105) Social Security 106) State Retirement 107) Health Insurance 108) Group Life Insurance 109) Indirect Costs 110) Travel 111 ) Supplies 112) Equipment 113) Educational Coordinator 114) Social Security 115) State Retirement 116) Health Insurance (030-060-6538-6453-0124) $ 108,319 (030-060-6538-6453-0132) 19,123 (030-060-6538-6453-0141 ) 92,177 (030-060-6538-6453-0201) 45,778 (030-060-6538-6453-0202) 73,543 (030-060-6538-6453-0204) 38,780 (030-060-6538-6453-0205) 718 (030-060-6538-6553-0142) 42,554 (030-060-6538-6553-0201) 3,255 (030-060-6538-6553-0204) 12,927 (030-060-6538-6553-0311 ) 127,046 (030-060-6538-6553-0554) 5,000 (030-060-6538-6553-0587) 2,000 (030-060-6538-6553-0614) 22,000 (030-060-6538-6553-0821) 6,000 (030-060-6539-6554-0138) 46,568 (030-060-6539-6554-0201) 3,562 (030-060-6539-6554-0202) 5,723 (030-060-6539-6554-0204) 2,342 (030-060-6539-6554-0205) 56 (030-060-6539-6554-0212) 2,328 (030-060-6539-6554-0551) 1,425 (030-060-6539-6554-0614) 1,200 (030-060-6539-6554-0821) 725 (030-060-6540-6554-0138) (030-060-6540-6554-0201) (030-060-6540-6554-0202) (030-060-6540-6554-0204) 117) Group Life Insurance (030-060-6540-6554-0205) 118) Indirect Costs (030-060-6540-6554-0212) 119) Travel (030-060-6540-6554-0551,) 120) Suppli®.~. (030-060-6540-6554-0614) 121 ) Equipment (030-060-6540-6554-0821) 122) Educational- Coordinator 123) Social Security 124) State Retirement 125) Health Insurance 126) Group Life Insurance (030-060-6541-6554-0205) 127) Indirect Costs (030-060-6541-6554-0212) 128) Travel (030-060-6541-6554-0551 ) 129) Supplies (030-060-6541-6554-0614) (030-060-6541-6554-0138) (030-060-6541-6554-0201 ) (030-060-6541-6554-0202) (030-060-6541-6554-0204) 43,767 3,348 5,379 2,342 53 2,188 1,425 1,200 725 82,921 6,344 10,191 4,683 100 4,146 600 2,80O 130) Equipment 131 ) Diagnostic Services 132) Teacher Aides 133) Social Security 134) State Retirement 135) Health Insurance (030-060-6541-6554-0821 ) (030-060-6542-6553-0129) (030-060-6542-6553-0141 ) (030-060-6542-6553-0201) (030-060-6542-6553-0202) (030-060-6542-6553-0204) 136) Group Life Insurance (030-060-6542-6553-0205) 137) Purchased Services (030-060-6542-6553-0311) 138) Tuition 139) Field Trips 140) Other Costs 141) Supplies 142) Equipment 143) Staff Development 144) FICA 145) Travel 146) Supplies 147) Teachers 148) Counselor 149) Inservice 150) Aides 151 ) Social Security 152) State Retirement 153) Health Insurance (030-060-6542-6553-0382) (030-060-6542-6553-0583) (030-060-6542-6553-0586) (030-060-6542-6553-0614) (030-060-6542-6553-0821 ) (030-060-6544-6174-0129) (030-060-6544-6174-0201 ) (030-060-6544-6174-0551 ) (030-060-6544-6174-0614) (030-060-6794-6450-0121 ) (030-060-6794-45450-0123) (030-060-6794-6450-0129) (030-060-6794-6450-0141 ) (030-060-6794-6450-0201) (030-060-6794-6450-0202) (030-060-6794-6450-0204) 154) Group Life Insurance (030-060-6794-6450-0205) 155) Instructional Travel 156) Instructional Supplies 157) Clerical 158) Social Security 159) State Retirement 160) Health Insurance (030-060-6794-6450-0551 ) (030-060-6794-6450-0614) (030-060-6794-6550-0151 ) (030-060-6794-6550-0201) (030-060-6794-6550-0202) (030-060-6794-6550-0204) 161 ) Group Life Insurance (030-060-6794-6550-0205) 162) Coordinator (030-060-6795-6138-0121 ) 163) Social Security (030-060-6795-6138-0201) 164) State Retirement (030-060-6795-6138-0202) 165) Health Insurance (030-060-6795-6138-0204) 166) Group Life Insurance (030-060-6795-6138-0205) 167) Part Time Instructors (030-060-6795-6138-0313) 168) Travel 169) Teachers 170) Social Security 171 ) State Retirement 172) Health Insurance (030-060-6795-6138-0551 ) (030-060-6796-6138-0121 ) (030-060-6796-6138-0201 ) (030-060-6796-6138-0202) (030-060-6796-6138-0204) 173) Group Life Insurance (030-060-6796-6138-0205) $ 500 22,433 24,762 3,610 3,043 7,025 3O 7,500 ;-3,757 1,400 4,250 5,496 3,640 16,240 1,241 2,993 250 86,770 1,662 2,890 6,920 7,294 6,147 2,342 60 2,620 4,610 13,578 1,039 1,669 1,639 16 51,754 11,846 5,905 2,350 33 40,000 1,000 92,765 7,147 11,401 7,025 111 174) Technical Education Equipment 175) Trades Equipment 176) Specialist 177) Clerical 178) Social Security 179) Retirement 180) Health Insurance 181) Group Life Insurance 182) Communications 183) Travel 184) Supplies 185) City Jail - Teachers 186) City Jail - Social Security (030-060-6796-6138-0821) $ 108,000 (030-060-6796-6138-0821 ) 87,305 (030-060-6797-6351-0124) 18,050 (030-060-6797-6351-0151 ) 5,819 (030-060-6797-6351-0201 ) 1,826 (030-060-6797-6351-0202) 715 (030-060-6797-6351-0204) 703 (030-060-6797-6351-0205) 7 (030-060-6797-6351-0523) 2,130 (030-060-6797-6351-0551 ) 3,400 (030-060-6797-6351-0614) 2,350 (030-060-6798-6550-0121) 19,152 (030-060-6798-6550-0201) 1,465 187) Contracted Services - County Jail (030-060-6798-6550-0313) 188) City Jail - Instructional Materials 189) Contracted Services 190) GED Examiners 191 ) Social Security 192) Instructors 193) FICA 194) Counselor 195) Inservice 196) Social Security 197) Retirement 198) Health Insurance (030.4360-6798-6550-0614) (030-060-6799-6550-0313) (030-060-6700-6550-0121 ) (030-060-6700-6550-0201) (030-060-6701-6334-0129) (030-060-6701-6334-0201 ) (030-060-6960-6306-0123) (030-060-6960-6306-0129) (030-060-6960-6306-0201) (030-060-6960-6306-0202) (030-060-6960-6306-0204) 199) Group Life Insurance (030-060-6960-6306-0205) 200) Purchases Services (030-060-6960-6306-0313) 201) Travel 202) Field Trips 203) Other Chargea 204) Supplies. 205) School Instructional Technology 206) Guidance Counselors 207) Social Security 208) Retirement 209) Health Insurance (030-060-6960-6306-0551) (030-060-6960-6306-0583) (030-060-6960-6306-0587) (030-060-6960-6306-0614) (030-060-6961-6146-0826) (030-060-6962-6315-0123) (030-060-6962-6315-0201 ) (030-060-6962-6315-0202) (030-060-6962-6315-0204) 210) Group Life Insurance (030-060-6962-6315-0205) 211 ) Travel (030-060-6962-6315-0551 ) 212) Supplies (030-060-6962-6315-0614) 13,741 2,285 116,874 7,220 552 2,550 195 29,875 2,000 2,302 3,672 2,341 5,335 1,000 7,000 2,000 3,672 25,000 1 94,200 14,857 23,867 14,049 233 5,000 4,090 213) Director of Grants 214) Social Security 215) Retirement 216) Health Insuranca 217) Group Life Insurance 218) Secondary Teachers 219) Administrator 220) Teacher Aide 221) Clerical 222) Social Security 223) Retirement 224) Health Insurance (030-060-6963-6307-0114) $ 54,060 (030-060-6963-6307-0201) 4,136 (030-060-6963-6307-0202) 6,6~,~, (030-060-6963-6307-0204) 2,342 (030-060-6963-6307-0205) 65 (030-060-6964-6100-0121 ) 632,279 (030-060-6964-6100-0124) 55,412 (030-060-6964-6100-0141) 86,109 (030-060-6964-6100-0151) 36,496 (030-060-6964-6100-0201) 66,300 (030-060-6964-6100-0202) 106,512 (030-060-6964-6100-0204) 64,870 1,040 225) Group Life Insurance (030-060-6964-6100-0205) 226) Contracted Services - Salem City 227) Purchased Services 228) Lease of Facility 229) Staff Travel 230) Transportation Services 231 ) Attendance and Health Services 232) Staff Development 233) Instructional Materials 234) Electrical Services 235) Telephone Services 236) Matching Funds 237) Transfer to MY Fund 238) Matching Funds 239) Retirement - VSRS 240) Matching Funds 241) Matching Funds 242) Federal Grant Receipts 243) Local Match 244) Federal Grant Receipts 245) State Grant Receipts 246) Local Match 247) Fees 248) State Grant Receipts 249) Federal Grant Receipts 250) State Grant Receipts (030-060-6964-6100-0311 ) 33,200 (030-060-6964-6100-0381 ) 5,000 (030-060-6964-6100-0542) 123,375 (030-060-6964-6100-0551 ) 500 (030-060-6964-6100-0583) 7,800 (030-060-6964-6100-0585) 5,000 (030-060-6964-6100-0587) 5,000 (030-060-6964-6100-0614) 5,000 (030-060-6964-6681-0511 ) 18,000 (030-060-6964-6681-0523) 1,500 (030-060-6007-6998-0588) ( 55,440) (030-060-6007-6999-0911) 1,556,573 (030-060-6001-6346-0588) (277,262) (030-060-6001-6000-0202) (38,042) (030-060-6001-6450-0556) (22,700) (030-060-6001-6300-0588) (1,163,129) (030-060-6158-1102) (030-060-6244-1101 ) (030-060-6244-1102) (030-060-6313-1100) (030-060-6313-1101 ) (030-060-6313-1103) (030-060-6538-1100) (030-060-6538-1102) (030--060-6539-1100) 2,765,869 38,042 111,217 343,197 332,702 284,212 100,000 878,000 63,929 251 ) State Grant Receipts (030-060-6540-1100) 252) State Grant Receipts (030-060-6541-1100) 253) Federal Grant Receipts 254) Federal Grant Receipts 255) Local Match 256) Federal Grant (030-060-6542-1102) (030-060-6544-1102) (030-060-6794-1101 ) Receipts (030-060-6794-1102) 257) State Grant Receipts (030-060-6795-1100) 258) Fees (030-060-6795-1103) 259) Federal Grant Receipts (030-060-6796-1102) 260) State Grant Receipts (030-060-6797-1100) 261) Federal Grant Receipts 262) Fees - Jail 263) Federal Grant Receipts 264) Fees 265) Fees 266) Federal Grant Receipts (030-060-6798-1102) (030-060-6798-1103) (030-060-6799-1102) (030-060-6700-1103) (030-060-6701-1103) (030-060-6960-1 267) State Funds (030-060-6961-1 268) State Grant Receipts (030-060-6962-1 269) Federal Grant Receipts (030-060-6963-1102) 270) Local Match (030-060-6964-1101 ) 271 ) State Grant Receipts (030-060-6964-1100) 272) Federal Grant Receipts (030-060-6964-1102) $ 60,427 112,285 116,946 20,724 22,700 116,556 46,296 66,592 313,754 35,000 34,353 2,290 116,874 7,772 2,745 102) 59,233 100) 25,000 100) 256,296 67,247 1,163,129 53,653 36,611 BE IT FURTHER ORDAINED that, an emergency existing, be in effect from its passage. this Ordinance shall ATTEST: City Clerk. July 7, 1997 FROM: S~ Honorable Mayor and Members of City Council James D. Grisso, Director of Finance School Board Requests for the Appropriation of School Funds We have reviewed the attached request to appropriate funding for the School Board. This report will appropriate funding for twenty-two grants in the School Fund. These grants are funded with federal and state funds and fees. In addition to these funding sources, the Title VI, Governor's School, Adult Basic Education, and Alternative Education Program require local matches for a total of $1,556,573. Funding for the local match is available in the following accounts: Title VI: Retirement Governor's School: Matching Funds Matching Funds Adult Basic Education: Matching Funds Alternative Education Program: Matching Funds (030-060-6001-6000-0202) $ 38,042 (030-060-6001-6346-0588) $ 277,262 (030-060-6007-6998-0588) $ 55,440 (030-060-6001-6450-0588) $ 22,700 (030-060-6001-6300-0588) $1,163,129 We recommend that you concur with this request of the School Board. JDG/ICF/bls Attachments Director of Finance c: Ila Farris, Scnlor Accountant .~ Marsha W. Ellison, Chairman Harry F. Davis John H. Saunders, Vice Chairman Charles W. Day Marilyn L. Curtis Melinda J. Payne x Roanoke City School Board P.O. Box 13145, Roanoke, Virginia 24031 · 540-853-2381 · Fax: 540-981-2951 Brian J. Wishneff Dr. E. Wayne Harris, Superintendent Cindy H. Ramsuer, Clerk of the Board June 16, 1997 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, VA 24011 Dear Members of Council: The School Board requests the following appropriations as the result of official Board action at its June 10 meeting: · Grant No. 6158 - $2,765,869.00 for the Title I Winter Program to provide remedial reading, language arts and mathematics instruction for students in targeted schools. The continuing program is one hundred percent reimbursed by federal funds. · Grant No. 6244 - $149,259.00 for the 1997-98 Title VI Program to provide funds for the implementation of innovative instructional programs in the school district and to provide visiting teacher services. The continuing program will be reimbursed by federal funds in the amount of $111,217.00 and local match in the amount of $38,042.00. · Grant No. 6313 - $960,111.00 for the 1997-98 Governor's School Program to provide instruction in science and math to high school students. The continuing program will be supported by state funds and tuition collected from participating school districts. · Grant No. 6538 - $978,000.00 for the 1997-98 Flow Through Program to provide aid for the education and guidance of handicapped students. The continuing program will be one hundred percent reimbursed by state and federal funds. · Grant No. 6539 - $63,929.00 for the 1997-98 Child Development Program to provide funds for the salary and expenses of the educational coordinator at the clinic. The continuing program is one hundred percent reimbursed by state funds. · Grant No. 6540 - $60,427.00 for the 1997-98 Child Specialty Services Program to provide funds for the salary and expenses of the educational coordinator. The continuing program is one hundred percent reimbursed by state funds. · Grant No. 6541 - $112,285.00 for the 1997-98 Juvenile Detention Home Program to provide funds for the salary and expenses of the two educational coordinators. The continuing program is one hundred percent reimbursed by state funds. · Grant No. 6542 - $116,946.00 for the 1997-98 Preschool Incentive Program to provide orientation and evaluation for handicapped students who will be entering the public school system for the first time during the fall. The continuing program will be one hundred percent reimbursed by federal funds. · Grant No. 6544 - $20,724.00 for the 1997-98 Special Education Interpreter Training Program to provide funds for the development of training curriculum for the hearing impaired program. The continuing program will be reimbursed one hundred percent by federal funds. Excellence in Education Members of Council Page 2 June 16, 1997 · Grant No. 6794 - $139,256.00 for the 1997-98 Adult Basic Education Program to provide funds for the education of adults who have not completed high school. The continuing program will be reimbursed by federal funds in the amount of $116,556.00 and local matching funds of $22,700.00. · Grant No. 6795 - $112,888.00 for the 1997-98 Apprenticeship Program to provide on-the-job and classroom vocational instruction for students in the apprenticeship program. Revenue will be provided by state funds and fees paid by the participants for this continuing program. · Grant No. 6796 - $313,754.00 for the 1997-98 Perkins Act Program to provide funds for vocational instructors and equipment. The continuing program will be reimbursed one hundred percent by federal funds. · Grant No. 6797 - $35,000.00 for the 1997-98 Regional Education Specialist Program to provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning district. The continuing program will be reimbursed one hundred percent by state funds. · Grant No. 6798 - $36,643.00 for the 1997-98 Adult Education in the Jails Program to provide funds for instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED certificate. The continuing program will be reimbursed by federal funds in the amount of $34,353.00 and jail funds in the amount of $2,290.00. · Grant No. 6799 - $116,874.00 for the 1997-98 Regional Adult Literacy (TAP) Program to provide funds for the administration of adult literacy programs in Alleghany County, Roanoke County, and the Cities of Covington, Clifton Forge and Salem. The continuing program will be subcontracted through TAP and federal funds will pass through the Roanoke City Schools. · Grant No. 6700 - $7,772.00 for the 1997-98 GED Testing Program to provide instructors for GED preparation classes and for the administration of the GED examinations. The continuing program will be funded through student fees. · Grant No. 6701 - $2,745.00 for the 1997-98 Opportunity Knocks (GED) Program to provide instruction for the GED examination for young adults. The program will operate under an Agreement of Understanding with the Fifth District Employment and Training Consortium to address GED preparation needs of participating youth. The continuing program will be funded by fees charged to participants. · Grant No. 6960 - $59,233.00 for the 1997-98 Drug Free Schools Program to provide funding for a student assistance counselor at the secondary level to work with substance abuse issues. The continuing program will be one hundred percent reimbursed by federal funds. · Grant No. 6961 - State bond funds totaling $25,000.00 have been issued by the Virginia Department of Education for the Roanoke Valley Governor% School for Math and Science to be used for the purchase of school instructional technology equipment. The continuing program will be reimbursed one hundred percent by state bond funds. Members of Council Page 3 June 16, 1997 · Grant No. 6961 - State bond funds totaling $25,000.00 have been issued by the Virginia Department of Education for the Roanoke Valley Governor's School for Math and Science to be used for the purchase of school instructional technology equipment. The continuing program will be reimbursed one hundred percent by state bond funds. · Grant No. 6962 - $256,296.00 for the 1997-98 Project YES Program to identify, assess, evaluate and provide assistance for at-risk sixth and ninth grade students who are potential dropouts. The continuing program will be reimbursed one hundred percent by state funds. · Grant No. 6963 - $67,247.00 for the 1997-98 Grants Management Program to provide funding for the salary and fringe benefits of the Director of Grants. The continuing program will be reimbursed one hundred percent by federal funds. · Grant No. 6964 - $1,253,393.00 for the 1997-98 Alternative Education Program to provide alternative curriculum and training for high risk students at the Taylor Learning Academy, with a focus on improving the total self-concept of the student. The continuing program will be reimbursed by federal funds in the amount of $36,611.00, state funds in the amount of $53,653.00, and local match in the amount of $1,163,129.00. The Board appreciates the approval of these requests. Sincerely, Cindy H. Ramsuer, Clerk re cc: Mrs. Marsha W. Ellison Dr. E. Wayne Harris Mr. Richard L. Kelley Mr. William L. Murray, Jr. Mr. Kenneth F. Mundy Mr. W. Robert Herbert Mr. Wilburn C. Dibling Mr. James D. Grisso Mrs. Ila Farris (with accounting details) 030-060-6158-6000-0121 030-060-6158-6000-0124 030-060-6158-6000-0141 030-060-6158-6000-0129 030-060-6158-6000-0201 030-060-6158-6000-0202 030-060-6158-6000-0204 030-060-6158-6000-0205 030-060-6158-6000-0614 030-0606158-6000-0615 030-060-6158-6200-0114 030-0606158-6200-0124 030-060-6158-6200-0138 030-060-6158-6200-0141 030-060-6158-6200-0151 030-060-6158-6200-0201 030-060-61586200-0202 030-060-6158-6200-0204 030-060-6158-6200-0205 030-060-6158-6200-0212 030-060-6158-6200-0332 030-060-6158-6200-0551 030-060-6158-6200-0583 030-060-6158-6200-0584 030-060-6158.-6200-0585 030-060-6158-6200-0586 030-060-6158-6200-0587 030-060-6158-6200-0601 . 030-060-6158-6200-0602 030-060-6158-8200-0615 030-060-6158-6200-0617 030-060-6158-6200-0821 Appropriation Unit Xl 3 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Title I Winter, 124-98.1 6168 Elementary Teachers Coordinators Teacher Aides Extended Day/IEP Supplements Social Secunty Retirement Health Insurance Group Life Insurance Instructional Supplies Other Supplies Administrator Parent Involvement Coordinator Evaluation Specialist Parent Involvement Aides Cledcal Social Secudty. Retirement Health Insurance Group Life Insurance Indirect Costs Maintenance & Repair Travel Transportation Services Evaluation Parent Involvement Homeless~leglected Materials Dissemination Administrative Supplies Food Miscellaneous Supplies Inse~vice Supplies Equipment $ 1,077,694.00 39.0% 127 310~00 4.6% 258 457.00 9.3% 131 926.00 4.8% 122 047.00 4.4% 179 860.00 6.5% 124 119.00 4.5% 1,756.00 0.1% 38,520.00 1.4% 62,586.00 2.3% 62,143.00 2.2% 43,500.00 1.6% 28,388.00 1.0% 9,116.00 0.3% 19,397.00 0.7% 12,435.00 0.4% 19,977.00 0.7% 11,708.00 0.4% 195.00 0.1% 39,024.00 1.4% 25,600.00 0.9% 2,750.00 0.1% 159,127.00 5.8% 27,148.00 1.0% 17,025.00 0.6% 38,050.00 1.3% 12,500.00 0.4% 2,725.00 0.1% 12,360.00 0.4% 590.00 0.1% 54,260.00 2.0% 43,576.00 1.6% $ 2,765,869.00 100.0% 030-060-6158-1102 Federal Grant Receipts $ 2,765,869.00 100.0% June 10, 1997 The Title I Winter Program will provide remedial reading, language arts and mathematics instruction for students in targeted schools. The program is one hundred percent reimbursed by federal funds and will end June 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Title VI 97-98 6244 030-060-6244-6231-0123 030-060-6244-6231-0201 030-060-6244-6231-0202 030-060-6244-6231-0204 030-060-6244-6231-0205 030-060-6244-6318-0613 030-060-6244-6665-0114 030-060-6244-6665-0201 030-060-6244-6665-0201 030-060-6244-6665-0201 030-060-6244-6665-0201 Appropriation Unit X2K Visiting Teachers $ 86,000.00 57.6% Social Secudty 6,646.00 4.4% Retirement 10,569.00 7.1% Health Insurance 4,683.00 3.1% Group Life Insurance 103.00 0.1% Instructional Materials 3,218.00 2.1% Director, Research/Testing/Evaluation 30,709.00 20.6% Social Secudty 2,349.00 1.6% Retirement 3,774.00 2.5% Health Insurance 1,171.00 0.8% Group Life Insurance 37.00 0.1% $ 149,259.00 100.0% 030-060-6244-1101 030-060-6244-I 102 Local Match Federal Grant Receipts 38,042.00 25.5% 111,217.00 74.5% 149,259.00 100.0% The 1997-98 Title VI program will provide funds for the implementation of innovative instructional programs in the school district and to provide visiting teacher sewices. The program will be reimbursed by federal funds in the amount of $111,217 and local match in the amount of $38,042 provided from account 030-060-6001-6000-0202. The program will end June 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Governor's School 97-98 6313 030-060-6313-6146-0121 030-060-6313-6146-0021 030-060-6313-6146-0129 030-060-6313-6146-0201 030-060-6313-6146-0202 030-060-631 3-6146-0204 030-060-6313-6146-0205 030-060-6313-6146-0551 030-060-631 3-6146-0554 030-060-6313-6146-0583 030-060-6313-6146-0613 030-060-6313-6148-0614 030-060-631 3-6146-0615 030-060-6313-6319-0126 030-060-6313-631 9-0151 030-060-6313-631 9-0201 030-060-6313-6319-0202 030-060-6313-631 9-0204 030-060-6313-631 9-0205 030-060-6313-631 9-0551 030-060-6313-831 9-0554 030-060-6313-631 9-0601 030-060-6313-631 9-0615 030-060-6313..6346-0129 030-060-6313-6346-0151 030-060-6313-6346-0201 030-060-6313-6346-0332 030-060-6313-6346-0351 030-060-6313-6346-0381 030-060-6313-6346-0613 030-660-6313-6346-0614 030-0~0-6313-6346-0821 030-060-6313-6681-0192 Teachers Substitute Teachers OutreachllntercessionlMentorship Social Security State Retirement Health Insurance Group Life Insurance Local Travel Conference Travel Field Tdps Textbooks Software Other Materials Director Clerical Social Security Retirement Health Insurance Group Life Insurance Local Travel Conference Travel Administrative Supplies Other Materials Inservice Temporary Clerical Support Social Security Service Contracts Instructional Technology Purchased Sen/ices Ubrary Materials Instructional Supplies Equipment Custodian 491,917.00 2,225.00 4,000.00 38,108.00 60,457.00 23,336.00 590.00 390.00 1,401.00 1,173.00 6,150.00 2,150.00 6,000.00 70,252.00 25,425.00 7,319.00 11,759.00 4,683.0O 115.00 535.00 870.00 6,570.00 6,820.00 2,936.00 5,000.00 383.00 7,008.00 15,200.00 9,175.00 225.00 27,021.00 12,000.00 17,149.00 51.2% 0.2% 0.4% 4.0% 6.3% Z4% 0.1% 0.1% 0.1% 0.1% 0.6% 0.2% 0.6% 7.3% 2.6% 0.8% 1.2% 0.5% 0.1% 0.1% 0.1% 0.7% 0.7% 0.3% 0.5% 0.1% 0.7% 1.6% 1.0% 0.1% 2.8% 1.2% 1.8% June 10, 1997 Page 1 030-660-6313-6681-0201 030-060-6313-6681-0203 030-060-6313-6681-0204 030-060-831 3-6681-0205 030-060-6313-6681-0511 030-060-6313-6681-0512 030-060-631 3-6681-0523 030-060-6313-6681-0608 030-060-6313-6681-0802 030-060-6313-6998-0901 030-060-6313-6998-0902 Appropriation Unit X3K Social Secudty City Retirement Health Insurance Group Life Insurance Electrical Service Natural Gas Service Telecommunications Maintenance Supplies Furniture Replacement Principal Repayment Interest on Debt 1,312.00 0.1% 2,144.00 0.2% 2,342.00 0.2% 21.00 0.1% 15,000.00 1.5% 500.00 0.1% 6,760.00 0.7% 6,350.00 0.6% 1,900.00 0.2% 38,500.00 4.0% 16,940.00 1.8% $ 960,111.00100.0% 030-060-6313-1100 030-060-6313-1101 030-060-631 3-1103 State Grant Receipts $ 343,197.00 35.7% Local Match 332,702.00 34.7% Fees 284,212.00 29.6% $ 960,111.00 100.0% The 1997-98 Governor's School program will provide instruction in science and math to high school students. The program will be supported by state funds and tuition collected from participating school districts. Tuition from Roanoke City will be transferred from account 030-060-6346-0588 ($277,262) and 030-060-6007-6998-0588 ($55,440). The program will end June 30, 1998. This is a continuing program. June 10, 1997 Page 2 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Flow Through 97-96 6638 030-060-6538-6453-0121 030-060-6538-6453-0124 030-060-6538-6453-0132 030-060-6538-6453-0141 030-060-6538-6453-0201 030-060-6538-6453-0202 030-060-6538-6453-0204 030-060-6538-6453-0205 030-060-6538-6553-0142 030-060-6538-6553-0201 030-060-6538-6553-0204 030-060-6538-6553-0311 030-060-6538-6553-0554 030-060-6538-6553-0587 030-060-6538-6553-0614 030-060-6538-6553-0821 Appropriation Unit X52 Teachers $ 378,780.00 38.7% Coordinators 108,319.00 11.1% Psychologist 19,123.00 2.0% Classroom Aides 92,177.00 9.4% Social Secunty 45,778.00 4.7% State Retirement 73,543.00 7.5% Health Insurance 38,780.00 4.0% Group Life Insurance 718.00 0.1% Bus Aides 42,554.00 4.4% Social Security 3,255.00 0.3% Health insurance 12,927.00 1.3% Contracted Health Services 127,046.00 13.0% Travel 5,000.00 0.5% In,service 2,000.00 0.2% Supplies 22,000.00 2.2% Equipment 6,000.00 0.6% $ 978,000.00 100.0% 030-060-6538-1100 030-060-6538-1102 State Grant Receipts Federal Grant Receipts $ 100,000.00 10.2% 878,000.00 89.8% $ 978,000.00 100.0% The 1997-98 Flow Through program will provide aid for the education and guidance of handicapped students. The program will be one hundred percent reimbursed by state and federal funds, .and will end June 30, 1998. This is a centinuiug program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Child Development Clinic 97-96 6639 030-060-6539-6554-0138 030-060-6539-6554-0201 030-060-6539-6554-0202 030-060-6539-6554-0204 030-060-6539-6554-0205 030-060-6539-6554-0212 030-060-6539-6554-0551 030-060-6539-6554-0614 030-060-6539-6554-0821 Appropriation Unit X53 Educational Coordinator $ 48,568.00 72.8% Social Security 3,562.00 5.6% State Retirement 5,723.00 9,0% Health Insurance 2,342.00 3.7% Group Life Insurance 56.00 0.1% Indirect Costs 2,328.00 3.6% Travel 1,425.00 2.2% Supplies 1,200.00 1.9% Equipment 725.00 1.1% $ 63,929.00 100.0% 039-060-6539-1100 State Grant Receipts 63,929.00 100.0% The 1997-98 Child Development Clinic program will provide funds for the salary and expenses of the educational coordinator at the clinic. One hundred percent of expenses are reimbursed by state funds. The program will operate July 1, 1997 through June 30, 1998. This is a continuing program. June 10,1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Child Specialty Services 97-98 6540 030-060-6540-6554-0138 030-060-6540-6554-0201 030-060-6540-6554-0202 030-060-6540-6554-0204 030-060-6540-6554-0205 030-060-6540-6554-0212 030-060-6540-6554-0551 030-060-6540-6554-0614 030-060-6540-6554-0821 Appropriation Unit X53 Educational Coordinator $ 43,767.00 72.4% Social Secudty 3,348.00 5.5% State Retirement 5,379.00 8.9% Health Insurance 2,342.00 3.9% Group Life Insurance 53.00 0.1% Indirect Costs 2,188.00 3.6% Travel 1,425.00 2.4% Supplies 1,200.00 2.0% Equipment 725.00 1 $ 60,427.00 100.0% 030-060-6540-1100 State Grant Receipts $ 60,427.00 100.0% The 1997-98 Child Specialty Services program will provide funds for the salary and expenses of the educational coordinator. One hundred percent of expenses are reimbursed by state funds. The program will operate July 1, 1997 through June 30, 1998. This is a continuing program. June 10,1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Juvenile Detention Home 97-98 6541 030-060-6541-6554-0138 030-060-6541-6554-0201 030-060-6541-6554-0202 030-060-6541-6554-0204 030-060-6541-6554-0205 030-060-6541-6554-0212 030-060-6541-6554-0551 030-060-6541-6554-0614 030-060-6541-6554-0821 Appropriation Unit X54 Educational Coordinators $ 82,921.00 73.8% Social Secudty 6,344.00 5.7% State Retirement 10,191.00 9.1% Health Insurance 4,683.00 4.2% Group Life Insurance 100.00 0.1% Indirect Costs 4,146.00 3.7% Travel 600.00 0.5% Supplies 2,800.00 2.5% Equipment 500.00 0.4% $ 112,285.00 100.0% 030-060-6541-1100 State Grant Receipts $ 112,285.00 100.0% The 1997-98 Juvenile Detention Home program will provide funds for the salary and expenses of the two educational coordinators. One hundred percent of expenses are reimbursed by state funds. The program will operate July 1, 1997 through June 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Preschool Incentive 97-98 6542 030-060-6542-6553-0129 030-060-6542-6553-0141 030-060-6542-6553-0201 030-060-6542-6553-0202 030-060-6542-6553-0204 030-060-6542-6553-0205 030-060-6542-6553-0311 030-060-6542-6553-0382 030-060-6542-6553-0583 030-060-6542-6553-0586 030-060-6542-6553-0614 030-060-6542-6553-0821 Appropriation Unit X55 Diagnostic Services $ 22,433.00 19.2% Teacher Aides 24,762.00 21.2% Social Security 3,610.00 3.1% State Retirement 3,043.00 2.6% Health Insurance 7,025.00 6.0% Group Life Insurance 30.00 0.1% Purchased Services 7,500.00 6.4% Tuition 33,757.00 28.8% Field THps 1,400.00 1.2% Other Costs 4,250.00 3.6% Supplies 5,496.00 4.7% Equipment 3,640.00 3.1% $ 116,946.00 100.0% 030-060-6542-1102 Federal Grant Receipts $ 116,946.00 100.0% The 1997-98 Preschool IncentNe Program will provide orientation and evaluation for handicapped students who will be entedng the public school system for the first time dudng the fall. Instructional equipment purchases will include classroom equipment and outdoor play structures. The program will be reimbursed one hundred percent by federal funris and will end Seplember 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Special Education Interpreter Training 97-98 6544 030-060-6544-6174-0129 Staff Development 030-060-6544-6174-0201 FICA 030-060-6544-6174-0551 Travel 030-060-6544-6174-0614 Supplies Appropriation Unit X56 $ 16,240.00 78.4% 1,241.00 6.0% 2,993.00 14.4% 250.00 1.2% $ 20,724.00 100.0% 030-060-6544-1102 Federal Grant Receipts $ 20,724.00 100.0% The 1997-98 Special Education Interpreter Training program will provide funds for the development of training curriculum for the headng impaired program. The program will be reimbursed one hundred percent by federal funds and will end September 30, 1998. This is a continuing program. September 12, 1995 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Adult Basic Education 97-98 6794 030-060-6794-6450-0121 030-060-6794-6450-0123 030-060-6794-6450-0129 030-060-6794-6450-0141 030-060-6794-6450-0201 030-060-6794-6450-0202 030-060-6794-6450-0204 030-060-6794-6450-0205 030-060-6794.6450-0551 030-060-6794-6450-0614 030-060-6794-6550-0151 030-0606794-6550-0201 030-060-6794-6550-0202 030-060-6794-6550-0204 030-060-6794-6550-0205 Appropriation Unit XTG Teachers $ 86,770.00 62.3% Counselor 1,662.00 1.2% Inservice 2,890.00 2.1% Aides 6,920.00 4.9% Social Secudty 7,294.00 5.2% State Retirement 6,147.00 4.4% Health Insurance 2,342.00 1.7% Group Life Insurance 60.00 0.1% Instructional Travel 2,620.00 1.9% Instructional Supplies 4,610.00 3.3% Clerical 13,578.00 9.7% Social Secudty 1,039.00 0.7% State Retirement 1,669.00 1.2% Health Insurance 1,639.00 1.2% Group Life Insurance 16.00 0.1% $ 139,256.00 100.0% 030-060-6794-1101 030-060-6794-1102 Local Match $ 22,700.00 16.3% Federal Grant Receipts 116,556.00 83.7% $ 139,256.00 100.0% The 1997-98 Adult Basic Education program will provide funds for the education of adults who have not completed high school. The program will be reimbursed by federal funds in the amount of $116,556. Matching funds will be provided from account 030-060-6001-6450-0588 in the amount of ~2,700. The program will end June 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Apprenticeship 97°96 6795 030-060-6795-6135-0121 030-060-6795-6138-0201 030-060-6795-6138-0202 030-060-6795-6138-0204 030-060-6795-6138-0205 030-060-6795-6135-0313 030-060-6795-6138-0551 Appropriation Unit XTH Coordinator $ 51,754.00 45.8% Social Security 11,846.00 10.5% State Retirement 5,905.00 5.2% Health Insurance 2,350.00 2.1% Group Life Insurance 33.00 0.1% Part Time Instructors 40,000.00 35.4% Travel 1,000.00 0.9% $ 112,888.00 100.0% 030-060-6795-1100 030-0606795-1103 State Grant Receipts $ 46,296.00 41.0% Fees 86,592.00 59.0% $ 112,888.00 100.0% The 1997-98 Apprenticeship program will provide on-the-job and classroom vocational instruction for students in the apprenticeship program. Revenue will be provided by state funds and fees paid by participants. The program will end June 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Perkins Act Funds 97-99 6796 030-060-6796-6138-0121 030-060-6796-6138-0201 030-060-6796-6138-0202 030-060-6796-6138-0204 030-060-6796-6138-0205 030-060-6796-6138-0821 030-060-6796-6138-0821 Appropriation Unit X71 Teachers $ 92,765.00 29.6% Social Secudty 7,147.00 2.3% State Retirement 11,401.00 3.6% Health Insurance 7,025.00 2.2% Group Life Insurance 111.00 0.1% Technical Education Equipment 108,000.00 34.4% Trades Equipment 87,305.00 27.8% $ 313,754.00 100.0% 030-060-6796-1102 Federal Grant Receipts $ 313,754.00 100.0% The 1997-98 Peri, ins Act program will provide funds for vocational instructors and equipment. One hundred percent of expenditures will be reimbursed by federal funds. The program will end June 30, 1998. This is a continuing program. June 10,1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Regional Adult Education Specialist 97-98 6797 030-060-6797-6351-0124 030-060-6797-6351-0151 030-060-6797-6351-0201 030-060-6797-6351-0202 030-060-6797-6351-0204 030-060-6797-6351-0205 030-060-6797-6351-0523 030-060-6797-6351-0551 030-060-6797-6351-0614 Appropriation Unit X7J Specialist '* $ 18,050.00 51.6% Cledcal 5,819.00 16.6% Social Secudty 1,826.00 5.2% Retirement 715.00 2.0% Health Insurance 703.00 2.0% Group Life Insurance 7.00 0.1% Communications 2,130.00 6.1% Travel 3,400.00 9.7% Supplies 2,350.00 6.7% $ 35,000.00 100.0% 030-060-6797-1100 State Grant Receipts $ 35,000.00 100.0% The 1997-98 Regional Education Specialist program will provide ancillary and support services for the Adult Literacy and Basic Education Program in the planning distdct which includes the Cities of Roanoke, Salem, Covington and Clifton Forge and the Counties of Roanoke, Craig, Botetourt and Alleghany. One hundred percent of expenditures will be mimbumed by state funds. The program will end June 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Adult Education in the Jails 97-98 6798 030-060-6798-6550-0121 030-060-6798-6550-0201 030-060-6798-6550-0313 030-060-6798-6550-0614 Appropriation Unit X7K City Jail - Teachers City Jail - Social Security Contracted Services - County Jail City Jail - Instructional Materials $ 19,152.00 52.3% 1,465.00 4.0% 13,741.00 37.5% 2,285.00 6.2% $ 36,643.00 100.0% 030-060-6798-1102 030-060-6798-1103 Federal Grant Receipts $ 34,353.00 93.8% Fees - Jail 2,290,00 6.2% $ 36,643.00 100.0% The 1997-98 Aduit Education in the Jails program will provide funds to be used for instruction to inmates in the Roanoke City and Roanoke County Jails to aid in their acquisition of the GED certificate. Expenditures will be reimbursed by federal funds in the amount of $34,353 and jail funds in the amount of $2,290. The program will end June 30, 1998. This is a continuing program. June 10,1997 ROANOKE CITY SCHOOl. BOARD Roanoke, Virginia APPROPRIATION REQUEST Regional Adult Literacy (TAP) 97-98 8799 030-060-6799-6550-0313 Appropriation Unit X7L Contracted Services 116,874.00 100.0% 030-060-6799-1102 Federal Grant Receipts 116,874.00 100.0% The 1997-98 Regional Adult Literacy (TAP) program will provide funds for the administration of adult literacy programs in Alleghany County, Roanoke County and the Cities of Covington, Clifton Forge and Salem. The program will be subcontracted through Total Action Against Poverty (TAP), and federal funds will pass through the Roanoke City Schools. The program will end June 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST GED Testing 97-98 8700 030-080-6700-6550-0121 030-060-6700-6550-0201 Appropriation Unit X7M GED Examiners $ 7,220.00 92.9% Social Secudty 552.00 7.1% 7,772.00 100.0% 030-060-6700-1103 Fees $ 7,772.00 100.0% The 1997-98 GED Testing program will provide instructors for GED preparation classes and for the administration of the GED examinations. The source of funds will be student fees. The program will end June 30, 1998. This is a continuing program. June 10,1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Opportunity Knocks (GED) 97-95 6701 030-060-6701-6334-0129 Instructors 030-060-6701-6334-0201 FICA Appropriation Unit X7N $ 2,550.00 92.9% 195.00 7.1% $ 2,745.00 100.0% 030-060-6701-1103 Fees $ 2,745.00 100.0% The 1997-98 Opportunity Knocks (GED) program will provide instruction for the General Educational Development (GED) Examination for young adults. The program will operate under an Agreement of Undemtanding with the Fifth Distdct Employment and Training Consortium (FDETC) to address GED preparation needs of FDETC participant youths. Funding for the program will be provided by fees charged to participants. The classes will end June 30, 1998. This is a continuing program. June10,1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Drug Free Schools 97-98 6960 030-060-6960-6306-0123 030-060-6960-6306-0129 030-060-6960-6306-0201 030-060-6960-6306-0202 030-060-6960-6306-0204 030-060-6960-6306-0205 030-060-6960-6306-0313 030-060-6960-6306-0551 030-060-6960-6306-0583 030-060-6960-6306-0587 030-060-6960-6306-0614 Appropriation Unit X9H Counselor $ 29,875.00 50.4% Inservice 2,000.00 3.4% Social Secudty 2,302.00 3.9% Retirement 3,672.00 6.2% Health Insurance 2,341.00 3.9% Group Life Insurance 36.00 0.1% Purchased Services 5,33,5.00 9.0% Travel 1,000.00 1.7% Field Trips 7,000.00 11.8% Other Charges 2,000.00 3.4% Supplies 3,672.00 6.2% $ 59,233.00 100.0% 030-060-6960-1102 Federal Grant Receipts $ 59,233.00 100.0% The 1997-98 Drug Free Schools program will provide funding for a student assistance counselor at the secondary level to wod( with substance abuse issues. One hundred percent of expenditures will be reimbursed by federal funds. The program will end September 30, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Governor's School Instructional Technology Funds 97-98 6961 030-060-6961-6146-0826 Appropriation Unit X91 School Instructional Technology 25,000.00 100.0% 030-060-6961-1100 State Bond Funds $ 25,000.00 100.0% State bond funds issued by the Virginia Department of Education have been made available to the Roanoke Valley Governor's School for Math and Science to be used for the pumhase of school instructional technology equipment. One hundred percent of the program outlays will be reimbursed by the state bond funds and the program will end December 31, 1998. This is a continuing program. June 10, 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Project YES 97-96 6962 030-060-6962-6315-0123 030-060-6962-631 5-0201 030-060-6962-6315-0202 030-060-6962-6315-0204 030-060-6962-6315-0205 030-060-6962-6315-0551 030-060-6962-631 5-0614 Appropriation Unit X9J Guidance Counselors $ 194,200.00 75.8% Social Secudty 14,857.00 5.8% Retirement 23,867.00 9.3% Health Insurance 14,049.00 5.5% Group Life Insurance 233.00 0.1% Travel 5,000.00 1.9% Supplies 4,090.00 1.6% $ 256,296.00 100.0% 030-060-6962-1100 'State Grant Receipts $ 256,296.00 100.0% The 1997-98 Project YES (Youth Experiencing Success) program will identify, assess, evaluate and provide assistance for at-dsk sixth and ninth grade students who are potential dropouts. The program is reimbursed one hundred percent by state funds. The program will end June 30, 1998. This is a continuing program. June 10,1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Grants Management 97-96 6963 030-060-6963-6307-0114 030-060-6963-6307-0201 030-060-6963-6307-0202 030-060-6963-6307-0204 030-060-6963-6307-0205 Appropriation Unit X9K Director of Grants $ 54,060.00 80.4% Social Secudty 4,136.00 8.1% Retirement 6,644.00 9.9% Health Insurance 2,342.00 3.5% Group Life Insurance 65.00 0.1% $ 67,247.00 100.0% 030-060-6963-1102 Federal Grant Receipts $ 67,247.00 100.0% The 1997-98 Grants Management program will provide funding for the salad/and fringe benefits of the Director of Grants. Expenditures will be one hundred percent reimbursed by federal funds. The program will end June 30, 1998. This is a continuing program. June 10 1997 ROANOKE CITY SCHOOL BOARD Roanoke, Virginia APPROPRIATION REQUEST Alternative Education Program 97-98 6964 030-060-6964-6100-0121 030-060-6964-6100-0124 030-060-6964-6100-0141 030-060-6964-6100-0151 030-060-6964-6100-0201 030-060-6964-6100-0202 030-060-6964-6100-0204 030-060-6964-6100-0205 030-060-6964-6100-0311 030-060-6964-6100-0381 030-060-6964-6100-0542 030-060-6964-6100-0551 030-060-6964-6100-0583 030-060-6964-6100-0585 030-060-6964-6100-0587 030-060-6964-6100-0614 030-060-6964-6681-0511 030-060-6964-6681-0523 Appropriation Unit XgL Secondary Teachers Administrator Teacher Aide Cledcal Social Security Retirement Health Insurance Group Life Insurance Contracted Sewices - Salem City Purchased Sewices Lease of Facility Staff Travel Transpodation Services Attendance & Health Services Staff Development Instructional Materials Electrical Services Telephone Services $ 632,279.00 52.5% 55,412.00 4.2% 86,109.00 6.6% 36,496.00 2.8% 66,300.00 5.1% 106,512.00 8.1% 64,870.00 4.9% 1,040.00 0.1% 33,200.00 2.5% 5,000.00 0.4% 123,375.00 7.6% 500.00 0.1% 7,800.00 0.6% 5,000.00 0.4% 5,000.00 0.8% 5,000.00 0.8% 18,000.00 1.5% 1,500.00 0.4% $ 1,253,393.00 100.0% 030-060-6964-1101 030-060-6964-1100 030-060-6964-1102 Local Match State Grant Receipts Federal Grant Receipts $ 1,163,129.00 88.8% 53,653.00 8.4% 36,611.00 2.8% $ 1,253,393.00 100.0% The 1997-98 Alternative Education program will provide altematlve curriculum and training for high dsk students at the Noel C. Taylor Learning Academy, with a focus on improving the total self concept of the student. The program has absorbed the function of the pilot grant program previously known as the Regional Alternative Education Program. The program will be reimbursed by federal funds in the amount of $38,611 and state funds in the amount of $53,653. Local match revenue in the amount of $1,163,129 is provided from account 030-060-6001-6300-0588. The program will end June 30, 1998. This is a continuing program. June 10, 1997 July 7, 1997 The Honorable David A. Bowers, and Members of City Council Roanoke, Virginia Mayor Dear Mayor Bowers and Members of City Council' SUBJECT: 1997 Summer Youth Activities Throughout the City Please reserve space on your 2:00 agenda for a 15 minute briefing regarding the above subject. Respectfully, W. Robert Herbert City Manager WRH:GCS:pr CC: City Attorney Director of Finance Director of Public Works Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy C~y C~rk July 11, 1997 File #72-178-236-246-304-406 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33466-070797 authorizing the appropriate City officials to enter into subrecipient agreements, and any necessary amendments thereto, with the Fifth District Employment and Training Consortium, and the Roanoke City Boxing Association, Inc., upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. W. Robert Herbert City Manager July 11, 1997 Page 2 pc: Richard Hawkins, President, Roanoke City Boxing Association, Inc., P. O. Box 5272, Roanoke, Virginia 24012 Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John W. Coates, Manager, Parks and Recreation/Grounds Maintenance Glenn D. Radcliffe, Director, Human Development Marion Vaughn-Howard, Youth Coordinator Vickie L. Price, Administrator, Fifth District Employment and Training Consortium Frank E. Baratta, Grants Compliance Monitor Diane S. Akers, Budget Administrator, Office of Management and Budget Glenn A. Asher, Risk Management Officer A IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of July, 1997. No. 33466-070797. RESOLUTION authorizing the VIRGINIA, appropriate City officials to enter into subrecipient agreements, and any necessary amendments thereto, with the Fifth District Employment & Training Consortium, and the Roanoke City Boxing Association, Inc., upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Fifth District Employment & Training Consortium, and any necessary amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and for the purposes as more particularly set forth in the City Manager's report dated July 7, 1997. 2. The City Manager or the Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, an agreement with the Roanoke City Boxing Association, Inc., and any necessary amendments thereto, if necessary, approved as to form by the City Attorney, within the limits of funds and for the purposes as more particularly set forth in the City Manager's report dated July 7, 1997. ATTEST: City Clerk. July 7, 1997 97-29 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Community Development Block Grant (CDBG) Contracts for Services with two (2) agencies. I. Backaround: AD On Auaust 5. 1996. bv Resolution No. 33059-080596. City Council amended Section 2-124 of the City Code to authorize the City Manaaer to execute any and all documents, and amendments thereto, relating to any grant funds, or subgrants of funds to subrecipients, which are the subject of subsection (a) of this section, and the conditions therein, up to twenty-five thousand dollars ($25,000). As Dart of the HUD Entitlement Consolidated Plan applic{~tion, approved by Council on May 12, 1997 by Resolution No. 33402- 051297 City Council authorized the following grants for the following agencies: 1. Fifth District Emolovment & Trainino Consortium a. Business Training Initiative - $35,400 Scooe of Services: Provide approximately 10 employability development sessions benefiting approximately 65 Iow/mod income persons, covering topics such as interview skills, and resume writing. It will also provide specialized job training to employees in private sector businesses to help meet the needs of the employers. 2. Roanoke City Boxina Association, Inc. a. Roanoke City Boxing Program ~ $50,700 bo SCODe of Servia;es: Provide a recreational program designed to teach physical fitness, teamwork, confidence and character building skills to approximately 100 Iow/mod income teenagers and young adults. Members of City Council Page 2 II. HUD aooroval of the City's FY 1997-98 CDBG Application is forthcoming· The letter of approval is pending the routine Congressional release process· City Council authorized the Acceptance of the 1997-98 HUD Entitlement and Appropriation of Funds for CDBG Activities on June 16, 1997 by Ordinance No. 33433-061697 and Resolution No. 33434-061697. Current Situation: The DrODOSed Droiects will provide public service, employment training, and micro-enterprise assistance· Administrative Aoreements are necessary for the funds to be obligated to these projects· The respective Agreements between the City ("Grantee") and each agency ("Subgrantee") will contain the following provisions and will be in form approved by the City Attorney: Time of Performance: This Agreement shall be for the period of July 1, 1997 through June 30, 1998. Indemnification: Subgrantee agrees and binds itself and its successors and assigns to indemnify, keep hold the City and its officers, employees, agents, volunteers and representatives free and harmless from any liability on account of any injury or damage of any type to any person or property growing out of or directly or indirectly resulting from any act or omission of Subgrantee including: (a) Subgrantee use of the streets or sidewalks of the City or other public property; (b) the performance under this Agreement; (c) the exercise of any right or privilege granted by or under this Agreement; or (d) the failure, refusal or neglect of Subgrantee to perform any duty imposed upon or assumed by Subgrantee by or under this Agreement. In the event that any suit or proceeding shall be brought against the City or any of its officers, employees, agents, volunteers or representatives at law or in equity, either independently or jointly with Subgrantee on account thereof, Subgrantee upon notice given to it by the City or any of its officers, employees, agents, volunteers or representatives, will pay all costs of defending the City or any of its officers, Members of City Council Page 3 II1. IV. employees, agents, volunteers or representatives in any such action or other proceeding. In the event of any settlement or any final judgement being awarded against the City or any or its officers, employees, agents, volunteers or representatives, either independently or jointly with Subgrantee then Subgrantee will pay such settlement or judgement in full or will comply with such decree, pay all costs and expenses of whatsoever nature and hold the City or any of its officers, employees, agents, volunteers or representatives harmless therefrom. Aoreements will not be executed on behalf of the City until the City receives the approval letter from HUD, nor without the certification of the Director of Finance that funding is available. No funding will be expended under the contract until the contract is fully executed by all parties. City will acouire no interest in real estate as a result of any Agreement. ISSUES: 1. Cost to the City 2. Funding 3. Community development obiectives 4. ComDliance with aoDlicable obiectives Alternatives: Authorize the City Manaoer, or the Assistant City Manager, to execute, and the City Clerk to attest, Aoreements and {~mendments thereto, if necessary, with above-referenced agencies, approved as to form by the City Attorney, within the limits of funds set forth in this report for the purposes specified herein. 1. Cost to the City will be ~86,100 in CDBG funds. Members of City Council Page 4 Funds will be available in the following Account Nos.: Fifth District Emolovment ~ Training C0n~ortium - Business Training Initiative 035-098-9830-5132 035-098-9838-5263 $20,400 $15,000 Roanoke City Boxina Association, Inc. - Roanoke City Boxing Program 035-098-9838-5274 $50,700 Community develooment obiectives will be addressed by providing programs which meet the needs identified by the citizens at the Consolidated Plan public meetings held on January 14, 1997 and March 27, 1997 and will maintain consistency with the Annual Update to the Consolidated Plan. ComDliance with aoolicable reaulations is assured through contract review by the City Attorney's Office and project monitoring by the City's Office of Grants Compliance. Do not Authorize the City Manaoer to execute the Agreements as set forth in Section I. A. 1. Cost to the City will be nothing. 2. Funding will remain available. Community develoDment obiectives, as stated in the approved Annual Update to the Consolidated Plan will not be achieved, therefore programs will not be provided. 4. Comoliance with aoDlic~ble regulations would not be an issue. Members of City Council Page 5 Recommendation: It is recommended that City Council concur in Alternative A and authorize the City Manaoer. or the Assistant Citv Manaoer. to execute, and the (~itv Clerk to attest, the CDBG Aoreements and amendments thereto, if necessary, with above-referenced agencies, approved as to form by the City Attorney, within the limits of funds set forth in this report for the purposes specified herein. WRH/vst CC; Assistant City Manager City Attorney Director of Finance Director of Human Development Office of Grants Compliance Administrator FDETC Office on Youth Respectfully submitted, City Manager Mary F. Parker, CMCIAAE 'City Ck~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #102-405 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33467-070797 authorizing execution of Amendment No. 1 to the City's agreement with Hayes, Seay, Mattem & Mattern, Inc., in the amount of $57,999.00; and authorizing execution of Amendment No. 1 to the City's agreement with Mattern & Craig, Inc., in the amount of $52,400.00, for additional engineering services to be performed in connection with the Bridge Inspection Program. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment W. Robert Herbert City Manager July 11, 1997 Page 2 pc: John P. Bradshaw, Jr., Executive Vice-President, Hayes, Seay, Mattern & Mattern, 1315 Franklin Road, S. W., Roanoke, Virginia 24016 Samuel H. McGhee, III, President, Mattern & Craig, Inc., 701 First Street, S. W., Roanoke, Virginia 24016 Tim Milliron, President, AIIright Roanoke Parking, Inc., 33 W. Salem Avenue, Roanoke, Virginia 24011 The Honorable Marsha C. Fielder, Commissioner of the Revenue Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Kit B. Kiser, Director, Utilities and Operations Kathryn V. Weikel, General Manager, Valley Metro D. Darwin Roupe, Manager, Supply Management Charles A. Harlow, Grants Compliance Monitor Diane S. Akers, Budget Administrator, Office of Management and Budget Dolores C. Daniels, Assistant to the City Manager for Community Relations rNTH~COUNC~OFTHECITY OF KOANOKE, VIKGINI~ The 7th day of July, 1997. No. 33467-070797. A RESOLUTION authorizing the execution of Amendme~.~No. 1 to the City's agreement with Hayes, Seay, Mattem & Mattem, Inc.; and authorizing the execution of Amandmant No. 1 to the City's agreement with Mattem & Craig, Inc., for additional engineering services to be performed in connection with the Bridge Inspection Program. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, upon form approved by the City Attorney, Amendment No. 1 to the City's Agreement with Hayes, Seay, Mattem & Mattem, Inc., dated July 15, 1996, in order to provide additional engineering services in connection with the Bridge Inspection Program. 2. Such agreement shall provide for the services set forth in the City Managers report to Council dated July 7, 1997, and the cost of those additional services shall be in the amount of $57,999.00. 3. The City Manage~ or th`. Assistant City Manager is hereby authorized to execute, on behalf of th,' City, upon form approved by the City Attorney, Amendment No. i to the City's Agreement with Mattem & Craig, Inc., dated July 15, 1997, in order to provide additional engineering services in connection with the Bridge Inspection Program. 4. Such agreement shall provide for the serv/ces set forth in the City Manager's report to Council dated Suly 7, 1997, and the cost of those additional services shall be in the amount of $52,400.00 ATTEST: City Clerk. Council Report No. 97-153 July 7, 1997 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of City Council: SUBJECT: BRIDGE INSPECTION PROGRAM AMENDMENT NO. 1 TO AGREEMENTS FOR CONSULTANT SERVICES YEAR 2 OF 3 I. Backaround: 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" structures, must be included in the bi-annual inspection program. Supplementary Bridae InsDection RePorts are required on sixty-eight (68) structures in the City of Roanoke this year, Forty (40) structures (39 bridges and 1 tunnel) are inspected annually while twenty-eight (28) structures are inspected bi-annually. C. InsDection of one (1) parking structure is required this year by prudent engineering practices. D. Jefferson Street Old Pedestrian UnderDass under Norfolk Southern Railway is to be inspected annually per agreement with railroad, City Council. on July 15, 1996, Ordinance #33039-071596 authorized Agreements for Consultant Services for 3 years with Hayes, Seay, Mattern & Mattern, Inc., and Mattern & Craig, Inc. II. Current situation is that City Council needs to authorize the execution of Amendment No. 1 to Agreements for Consultant Services for Year 2 of 3 as follows: Aareement with Haves. Seav. Mattern & Mattem. Inc.. dated 7/15/96 (Ord. #33039-071596): 1996 Work Scope: 36 Bridges 4 Parking Garages 73,053.00 1997 Work Scope 35 Bridges 1 Parking Garage 57.999.00 1996 & 1997 Total Agreement Amount: $131,052.00 Honorable Mayor and Members of City Council RE: BRIDGE INSPECTION PROGRAM AMENDMENT NO. 1 TO AGREEMENTS FOR CONSULTANT SERVICES YEAR 2 OF 3 July 7, 1997 Page 2 of 4 Aoreement with Mattern & Craio. In{;., dated 6/14/96 (Ord. #33039-071596): 1996 Work Scope 37 Bridges 15 Overhead Sign Structures 1997 Work Scope 32 Bridges 1 Tunnel (Underpass) 1996 & 1997 Total Agreement Amount 69,500.00 52.400.00 $121,900.00 III. Issues: A. Reasonableness of fee compared to work scope. B. Ability to meet time schedules. C. Fundino. IV. Alternatives: Authorize the execution of Amendment No. 1 to the Agreements for Consultant Services with Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. in amounts of $57.999.QQ and ~ respectively. Reasonablenes~ of fee compared to work scope has been reviewed and verified. 2. Ability to meet time schedules has been reviewed and verified. Fundino is available for the second year work (Amendments No. 1 ) in the FY97-98 Adopted Budget as follows: Honorable Mayor and Members of City Council RE: BRIDGE INSPECTION PROGRAM AMENDMENT NO. 1 TO AGREEMENTS FOR CONSULTANT SERVICES YEAR 2 OF 3 July 7, 1997 Page 3 of 4 Haves. Seav. Mattern & Matterl~, Ins.: Bridge & Pedestrian Underpass Inspections: 001-052-4310-3072 Century Station Parking Garage: 007-056-8200-2050 Total Amendment Amount ~ 51,411.00 6,588.00 $ 57,999.00 Mattern & Craio. Jl~:.: Bridge Inspections: 001-052-4310-3072 Total Amendment Amount $ 52,400.00 8 52,400.00 Do not authorize the execution of Amendment N~). 1 to the Agreements for Consultant Service. 1. Reasonableness of fee cannot be assured. 2. Ability to meet time schedule would be jeopardized. 3. Fundino would remain in the respective accounts. Recommendation is that City Council concur in Alternative "A: authorizing the execution of Amendment No. 1 in form approved by the City Attorney to the agreements of Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, Inc. in the amount of 957.999.00 and $52.400,00 respectively. Respectfully submitted, W. Robert Herbert City Manager Honorable Mayor and Members of City Council RE: BRIDGE INSPECTION PROGRAM AMENDMENT NO, 1 TO AGREEMENTS FOR CONSULTANT SERVICES YEAR 2 OF 3 July 7, 1997 Page 4 of 4 WRH/JGB/fm cc: City Attorney Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Construction Cost Technician Accountant, Contracts and Fixed Assets Budget Administrator Manager, Valley Metro Manager, Parking Garages Manager, Supply Management Commissioner of Revenue MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #~.68-472 D. B. Holofchak Regional Sales Office Supervisor Griffin Pipe Products Co. P. O. Box 740 Lynchburg, Virginia 24505 Dear Mr. Holofchak: I am enclosing copy of Resolution No. 33468-070797 accepting the bid of Griffin Pipe Products Co., made to the City for furnishing and delivering ductile iron water pipe, for the period of July 1, 1997, to June 30, 1998, for the total bid price of $273,225.00; and rejecting all other bids made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. D. B. Holofchak Regional Sales Office Supervisor Griffin Pipe Products Co. July 11, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Jesse H. Perdue, Jr., Manager, Water Department William F. Clark, Director, Public Works Samuel Hayes, III, Manager, Utility Line Services Diane S. Akers, Budget Administrator, Office of Management and Budget MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File ft~,68-472 Atlantic States Cast Iron Pipe Co. U. S. Filter/VVater Pro, Inc. U. S. Pipe and Foundry Co. Virginia Water and Waste Supply Co. Ladies and Gentlemen: I am enclosing copy of Resolution No. 33468-070797 accepting the bid of Griffin Pipe Products Co., made to the City for furnishing and delivering ductile iron water pipe, for the period of July 1, 1997, to June 30, 1998, for the total bid price of $273,225.00; and rejecting all other bids made to the City. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. On behalf of the City of Roanoke, I would like to express appreciation for submitting your bid on the abovedescribed ductile iron water pipe. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. H:'~AGENDA.B?~JU LY, 7 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33468-070797. A RESOLUTION accepting the bid of Griffin Pipe Products Co., made to the City for furnishing and delivering ductile iron water pipe; and rejecting all other bids made to the City. BE IT RESOLVED by this Council of the City of Roanoke that: 1. The unit price bid of Griffin Pipe Products Co., made to the City, offering to supply ductile iron water pipe, for the period of July l, 1997 to June 30, 1998, meeting all of the City's specifications and requirements therefor, for the total bid price of $273,225.00, based on estimated quantifies, which bid is on file in the Office of the City Clerk is hereby ACCEPTED. 2. The City's Manager of General Services is hereby authorized and directed to issue the requisite purchase order therefor, incorporating into said order the City's specifications, the terms of said bidder's proposal and the terms and provisions of this resolution. 3. Any and all other bids made to the City for the aforesaid procurement are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. ATTEST: City Clerk. Roanoke, Virginia July 7, 1997 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Bids for Ductile Iron Water Pipe, Bid Number 97-5-64 I. Background on the subject in chronological order is: Bids are requested annually, on a fiscal year basis, to furnish and supply to the City estimate quantities of Ductile Iron Water Pipe. The quantities are anticipated needs for a period of one (1) year. Funds are available in various Water Department and Capital Accounts to provide for the purchase of required water pipe. Specifications were developed and along with request for quotations were sent to nine (9) vendors that are currently listed on the City's bid list. A public advertisement was also published in The Roanoke Times and The Roanoke Tribune. Bids were received, after due and proper advertisement, and were publicly opened and read in the Office of the Manager of Supply Management at 2:00 p.m. on June 6, 1997. I1. Current Situation is: A. Five (5) bids were received. A bid tabulation is attached. All bids were evaluated in a consistent manner by representatives of the following departments: Utilities and Operations Water Department Supply Management Ductile Iron Water Pipe Bid Number 97-5-64 Page 2 III. IV. Issues in order of importance are: Need Compliance with Specifications Funding Alternatives in order of feasibility are: Council accept the bid submitted by Griffin Pipe Products Company to provide Ductile Iron Water Pipe to the City for the period of one (1) year. Need for the requested pipe is to continue to support the City's water system including installation and repairs. Compliance with Specifications is met by the response submitted by Griffin Pipe Products Company. Funding is available in FY '97-98' adopted operating Budget to allow for this purchase. B. Re!ect all Bids. Need for the continued support of the water system would not be met by this alternative, Compliance with Specifications would not be met with this alternative. Funding designated for the purchase of water pipe would not be expended at this time. Ductile Iron Water Pipe Bid Number 97-5-64 Page 3 CC: Recommendation is that Council concur with Alternative "A" and accept the bid submitted by Griffin Pipe Product Company to provide Ductile Iron Water Pipe to the City for a period of one (1) year and reject all other bids. Respectfully Submitted, W. Robert Herbert City Manager City Attorney City Clerk Director of Finance Director of Utilities & Operations Manager, Water Department Manager, Supply Management Management & Budget Manager, Utility Line Services _J.~ _i c _J.~ _i c .-J c o ~ oO o ~ oO oO o.~ o ~- or- Mary F. parker, CMCIAAE C~ty Clerk CITY OF ROANOKE Office of the City Clerk July 11, 1997 File ff.88-184-221 Sandra H. Eakin Deputy CRy Clerk W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33469-070797 authorizing execution of an agreement with Lewis-Gale Clinic, Inc., to provide part-time physician services for the City's Occupational Health Clinic, in the amount of $117.50 per hour for physician services, commencing July 1, 1997. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/,~AE. City Clerk MFP:sm Attachment pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management Kenneth S. Cronin, Manager, Personnel Department Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33469-070797. A RESOLUTION authorizing the execution of an agreement with Lewis-Gale Clinic, Inc., to provide part-time physician services for the City's Occupational Health Clinic. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager of the Assistant City Manager and the City Clerk are hereby authorized for and on behalf of the City, to execute and attest respectively, an agreement, commencing July 1, 1997, with Lewis-Gale Clinic, Inc., for the provision by such organization of part-time physician services for the City's Occupational Health Clinic, as more particularly set forth in the July 7, 1997, report of the City Manager to this Council. 2. The agreement with such organization shall authorize payment in the amount of $117.50 per hour for physician services, and the form of the agreement with such organization shall be approved by the City Attorney. Such agreement shall provide for the City's option to renew for four additional one-year periods. ATTEST: City Cleric. July 7, 1997 #97-348 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Part-time Physician Services for Occupational Health Clinic, Proposal No. 97-4-74 I. BACKGROUND IN CHRONOLOGICAL ORDER IS AS FOLLOWS: II. March1 1995, City Council authorized the City Manager to execute a contract with Lewis-Gale Clinic, Inc. to provide part-time physician services to the City for the period April 1, 1995 through June 30, 1995 with the option to renew for two (2) additional one (1) year periods. B. The program provides services in the following areas: 2. 3. 4. 5. 6. 7. On-site "sick call" availability for all City employees Treats certain on-the-job injuries Public Safety pre-employment physicals Post exposure follow-up for infectious diseases Haz-Mat Team physicals Fitness for duty examinations Review and follow-up with employees who have high risk factors June 30, 1997, the existing contract for services expired with Lewis-Gale Clinic, Inc. Specifications were developed and along with Request for Proposal, were sent to the medical institutions in the Roanoke Valley. A public advertisement was also published in The Roanoke Times and The Roanoke Tribune. The Request for Proposal identified the contract period to be for one (1) year with the option to renew for four (4) additional one (1) year periods. CURRENT SITUATION IS AS FOLLOWS: One (1) proposal was received from Lewis-Gale Clinic, Inc. They were the provider of the contract that expired June 30, 1997. Honorable Mayor and City Council Page 2 III. IV. The proposal was reviewed and evaluated by representatives of Personnel Management, Occupational Health and Supply Management. C. That evaluation., identified the following: Lewis-Gale Clinic, Inc. can provide all of the required services as requested. Health care trends have been positively impacted as a result of this program. Continuation of the program should assist in the stabilization of health costs. This service is a benefit to the employees which enables them to be seen by a physician while at work, thus making it more convenient and reduces the amount of time employees are off from work. A visit to a physician will cost $45 to $60 per visit. The cost per visit to an on-site physician under this contract will cost approximately $21.50. ISSUES IN ORDER OF IMPORTANCE ARE AS FOLLOWS: A. Customer service. B. Compliance with specifications. C. Funding. ALTERNATIVES IN ORDER OF FEASIBILITY ARE AS FOLLOWS: City Council authorize the award of a contract, in a form approved by the City Attorney, to Lewis-Gale Clinic, Inc. to provide part-time, on-site physician services. These services are to be provided three (3) days per week, two (2) hours per day. Customer service to employees will continue to be provided and that benefit appreciated. Compliance with specifications will be met by Lewis-Gale Clinic, Inc. as are now being met in their current contract. Honorable Mayor and City Council Page 3 Funding for this service is available in the '97-'98 Occupational Health operating budget. Council not authorize the award of a contract for part-time physician services. Customer service to employees for visits to a physician would be reduced thereby increasing outside physician visits and increasing cost to the City and its employees. Mandated new employee and annual physicals would have to be done elsewhere, also at a substantial increase in cost. Funding budgeted for this service would not be expended at this time. RECOMMENDATION is for City Council to concur with Alternative A and to authorize the City Manager to execute a contract in a form approved by the City Attorney, to Lewis Gale Clinic, Inc., to provide part-time physician services for the amount of $117.50 per hour for the period of one year beginning July 1, 1997 with the option to renew the contract for four (4) additional one (1) year periods. WRH:jrl CC: City Attorney City Clerk Director of Finance Manager of Management and Budget Manager of Personnel Management Manager of Supply Management Respectfully submitted, W. Robert Herbert City Manager l Mary F. Parker, CMCIAAE · City Clerk CII" ' OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #24-70 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33470-070797 amending and reordaining §12-1, Continuation. composition and control of fire deoartment, §12-2, Qualifications of members of fire department. §12-3, Technir,,al services division generally, of Article I. In General, §12-16, Adopted. §12-17, Definitions. §12-18, Amendments, §12-19, ~, §12-20, {Re~)mmendations as to amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection: and §20-74, Parking. stooDino or standino in a fire lane, of Chapter 20, Motor Vehicles, of the Code of the City of Roanoke (1979), as amended, to update and clarify Chapter 12, Fire Prevention and Protection. of the Code of the City of Roanoke (1979), as amended. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment W. Robert Herbert 'City Manager July 11, 1997 Page 2 pc: The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A..Lilley, Judge, General District Court The Honorable William D. Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorabl® Philip Trcmpeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Arthur B. Crush, Ill, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety James Grigsby, Chief, Fire and Emergency Medical Services IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33470-070797. AN ORDINANCE amending and reordaining §12-1, composition and control of fire department, §12-2, of members of fire department, 512-3, Technical services generally, of Article I. In General, ~12-16, Adopted, Definitions, §12-18, Amendments, ~12-19, Enforcement, Continuation~ Qualifications division ~12-17, 512-20, Recommendations as to amendments, of Article II, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection; and ~20-74, Parking~ stopping or standing in a fire lane, of Chapter 20, Motor Vehicles, of the Code of the City of Roanoke (1979), as amended, to update and clarify Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Sections S12-1, ContinuationI composition and control of fire department, S12-2, Qualifications of members of fire department,~12-3, Technical services division generally, of Article I. In General, §12-16. Adopted, S12-17, Definitions, §12-18, Amendments, ~12-19, Enforcement, and ~20-74, Parking, stopping or standing in a fire lane, of Chapter 20, Motor Vehicles, of the Code of the City of Roanoke (1979), as amended, to update and clarify Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: ARTICLE I. IN GENERAL Sec. 12-1. Continuation, composition and control of fire/EMS department. The fire/EMS department of the city as heretofore constituted shall continue and shall be composed of a chief and such other officers, firefighters and employees as the council may determine, and shall be controlled by the city manager pursuant to provisions of the Charter. Sec. 12-2. Qualifications of members o~ fire/EMS department. No person shall be appointed to a position in the fire/EMS department or continue to hold membership therein who is not a citizen of the city or who does not reside within a radius of fifteen (15) miles from the municipal building in the city, or who is determined to be a person not of good character; nor shall any person be appointed to a position in the fire department who is not at least twenty-one (21) years of age. Sec. 12-3. Fire prevention division generally. The fire prevention division of the fire/EMS department, which has heretofore been established, shall continue to be operated under the supervision of the chief of the fire/EMS department. It shall be empowered to enforce all ordinances of the city dealing with the protection of life and property from fire and explosion and the safe escape therefrom, and the handling, storage and use of all dangerous or combustible materials. As provided in Section 27-97 of the Code of Virginia, the minimum standards established shall be not less than and shall include, but shall not be limited to, regulations as prescribed by the 1996 Virginia Statewide Fire Prevention Code Act adopted by the City. Such division shall have such other powers and duties as may be conferred or imposed from time to time by ordinance or by the fire chief or city manager. Article II. FIRE PREVENTION CODE Sec. 12-5. Adoption of Virginia Statewide Fire Prevention Code. Pursuant to the provisions of Section 27-97, of the Code of Virginia (1950), as amended, the city hereby adopts and shall enforce the 1996 Virginia Statewide Fire Prevention Code, as amended. The 1996 Virginia Statewide Fire Prevention Code has been promulgated by the State Board of Housing and Community Development, and includes certain regulations and procedures to accomplish the adoption and enforcement of it. The 1996 Virginia Statewide Fire Prevention Code, as amended, is incorporated herein by reference as if fully set forth herein. The 1996 Virginia Statewide Fire Prevention Code, as adopted by the City, and regulations promulgated in connection therewith, shall be known as the City Fire Prevention Code. Sec. 12-6. Definitions. Wherever the word "jurisdiction" is used in the 1996 Virginia Statewide Fire Prevention Code adopted by the City, it shall be held to mean the City. Wherever the term "legal representative" is used in such code, it shall mean the city attorney for the City. Sec. 12-7. Amendments. The 1996 Virginia Statewide Fire Prevention Code adopted by the City is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section or article numbers appearing in this section refer to such numbers as they appear in the 1996 Virginia Statewide Fire Prevention Code adopted by the City. Section F-105.1.1 is added to read as follows: The code official shall be the fire marshal of the fire prevention division, or his assistants. Section F-105.10 is added to read as follows: F-105.10 Investigation of fires: The code official shall investigate, or cause to be investigated, every fire or explosion occurring within the jurisdiction that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such occurrence is of a suspicious nature, the code official shall immediately take charge of the physical evidence; and, in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, the code official shall take means to prevent access by any person to the structure or premises until such evidence has been properly processed. The code official shall notify those persons designated by law to pursue investigations into such matters and shall further cooperate with the authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion. Section F-105.11 is added to read as follows: F-105.11 Fire records: The code official shall keep a record of all fires and facts concerning the same, including investigation findings, statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby. Section F-311.4 is added to read as follows: F-311.4 Presumption in prosecution: In any prosecution under this section, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this section, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where, and for the time during which, such violation occurred. Section F-311.5 is added to read as follows: F-311.5 Impoundment of vehicle: Any vehicle parked in violation of this section may be impounded by the police or fire department and held until the penalty provided and the towing and storage charges incurred are paid. Section F-311.6 is added to read as follows: F-311.6 Enforcement: This section shall be enforced by the code official and the Roanoke City Police Department. Section F-311.7 is added to read as follows: F-311.7 Penalty for violation of section F-311.2: Any person or firm in violation of the provisions of section F-311.2 of the 1996 Virginia Statewide Fire Prevention Code adopted by the City shall be guilty of a traffic infraction, as provided in section 20-74 of this code, and shall be subject to the penalties set out in section 20-89 of this code. 4 Section 402.4 is added to read as follows: F-402.4 Cooking devices: No charcoal cooker, brazier, hibachi or grill or any gasoline or other flammable liquefied petroleum gas fired stove or similar device shall be ignited or used on or under the balconies of any apartment building or similar occupancy which are constructed of combustible materials. The management of such occupancies shall notify its tenants in writing of this code requirement at the time the tenant initially occupies the apartment and from time to time as necessary to ensure compliance. Sec. 12-8. Enforcement. The 1996 Virginia Statewide Fire Prevention Code adopted by this article shall be enforced by the fire prevention division of the fire/EMS department. The chief of the fire department shall assign or detail such members of the fire/EMS department as inspectors or other assistants as he may deem necessary in administering and enforcing the provisions of such code. Sec. 12-9. Recommendations as to amendments. The chief of the fire department shall recommend to the city manager any amendments to the code adopted by this article which, in his judgment, shall be desirable. Sec. 20-74. Parking~ stopping or standing in a fire lane. No person shall park, stop or stand a vehicle in or otherwise obstruct a fire lane designated and marked by the fire marshal in accordance with section 311.0, et seq., of the fire prevention code of the City of Roanoke. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. July 7, 1997 Council Report # 97-407 Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: Subject: Enforcement and Amendments to the Virginia Statewide Fire Prevention Code: I. Backaround: City Council has historically adopted fire prevention codes and amendments as often as necessary in the interest of public safety. City enforcement activities are currently being conducted under the 1993 Statewide Fire Prevention Code, which also incorporates the 1993 BOCA Basic Fire Prevention Code. Enforcement actions are concentrated in the following areas: a) Ail businesses b) Ail places of assembly c) Ail institutions d) Ail occupancies with exception of privately owned and occupied residencies. II. Current Situation is: April 15, 1997 - The 1996 Virginia Statewide Fire Prevention Code became effective. The Virginia Statewide Fire Prevention Code is a mandatory statewide set of regulations that must be complied with for the protection of life and property from the hazards of fire or explosion. The Virginia Statewide Fire Prevention Code supersedes all fire prevention regulations heretofore adopted by local governments. The 1996 Virginia Statewide Fire Prevention Cod~ provides authorization for local governments to adopt fire prevention regulations that are more restrictive or extensive in scope than the Statewide Fire Prevention Code (Section 27-97 Code of Virginia). Honorable Mayor and City Council Page 2 Council Report # 97-407 III. Issues in order of importance are as follows~ A. Public Safety B. Leqal IV. Alternatives in order of feasibility arm: city Council adopt the 1996 Virqinia Statewide Fir- Prevention Code and attached amendments as the local fire prevention ("Statewide Fire Prevention Code") code and authorize local enforcement of the code and amendments through the local Fire Marshal. Existing amendments under Section 12-18 needed and enforced in the City of Roanoke have been renumbered and are attached for adoption. Ptlblio Safety of the citizens living and working in the City would be maintained through proper fire safety regulations enforcement. Leaal - state law authorizes local adoption and enforcement rights. The city would be in compliance with recommended regulations and laws as established by the Commonwealth of Virginia The changes to section 12-1 to 12-3, of the City Code, as set forth in new sections 12-1 to 12-3 of the City Code, consist of changing the reference in the code sections to "Fire/EMS Department." The changes to sections 12-16, 12-17, 12-19, and 12-20, of the City Code, as set forth in new sections 12-5, 12-6, 12-8, and 12-9, consist of renumbering the code sections and adopting the 1996 Virginia Statewide Fire Prevention Code. The changes to section 12-18, of the City Code, as set forth in new section 12-7 of the City Code, consist of renumbering, updating and making consistent with the Statewide Fire Prevention Code those local amendments to the Statewide Fire Prevention Code which make the Statewide Fire Prevention Code more restrictive. Honorable Mayor and City Council Page 3 Council Report # 97-407 de The change to section 20-74, of the City Code, is necessary to make that code section consistent with the current changes. City Council NOT adopt the 2996 Virginia statewide Fir~ Prevention Coda as the local fire prevention code and NOT authorize local enforceme-t of the code with amendments through the local Fire Marshal. P~blic safety would be compromised due to a lack of local enforcement. Legally, if local governments elect not to enforce the Statewide Fire Prevention Code, enforcement rights would be relinquished to the State Fire Marshal. RECOMMENDATION: City Council concur with alternative A amend the City Code to adopt the 1996 Virginia Statewide Fire Prevention Code with modifications as set forth in th-- attached ordinance and authorize local enforcement of the Virginia Statewide Fire Prevention Code through the local Fire Marshal. Respectfully Submitted, W. Robert Herbert, city Manager CC: City Attorney City Clerk Director of Public Safety Fire - EMS Chief 1996 BOCA National Fire Prevention Code Amendments Chapter 1 Administration Section F-105.0 Enforcement Authority Amended to read as follows: "F-105.1 Code Official: The code official shall be the fire marshal of the fire prevention division, or his assistants." Add "F-105.10 Investigation of fires: The code official shall investigate, or cause to be investigated, every fire or explosion occurring within the jurisdiction that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such occurrence is of a suspicious nature, the code official shall immediately take charge of the physical evidence; and, in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, the code official shall take means to prevent access by any person to the structure or premises until such evidence has been properly processed. The code official shall notify those persons designated by law to pursue investigations into such matters and shall further cooperate with the authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion." Add "F-105.11 Fire records: The code official shall keep a record of all fires and facts concerning the same, including investigation findings, statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby." 1996 BOCA National Fire Prevention Code Amendments Chapter 3 Precautions Against Fire Section F-311.0 Fire Lanes Add "F-311.4 Presumption in Prosecution in any prosecution under this section, proof that the vehicle described in the complaint, summons or warrant was parked in violation of this section, together with proof that the defendant was, at the time of such parking, the registered owner of the vehicle, shall constitute in evidence a prima facie presumption that such registered owner of the vehicle was the person who parked the vehicle at the place where and for the time during which such violation occurred." Add "F-311.5 Impoundment of Vehicle: in addition, the vehicle parked in violation of this section may be impounded by the Police or Fire departments and held until the penalty provided and the towing and storage charges incurred are paid". Add "F-311.6 Enforcement: This section shall be enforced by the Fire Marshal and his staff and the Police Department". Add "F-311.7 Penalty for Violation of F-311.2: Any person or firm violating the provisions of F~311.2 shall be guilty of a traffic in fraction, as provided in 20-74 of the Code of the City of Roanoke, and shall be subject to the penalties set out in s20-89 of the Code of the City of Roanoke". BOCA National Fire Prevention Code 1996 Amendment F-402.0 Chapter 4 Open Flames or Burninq Add Section "F-402.4 Cookinq Devices: No charcoal cooker, brazier, hibachi or grill or any gasoline or other flammable liquefied petroleum gas fired stove or similar device shall be ignited or used on or under the balconies of any apartment building or similar occupancy which are constructed of combustible materials. The management of such occupancies shall notify its tenants in writing of this code requirement at the time the tenant initially occupies the apartment and from time to time as necessary to insure compliance". 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File f~67-262-301-472 Elmer C. Hodge County Administrator County of Roanoke P. O. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Hodge: I am enclosing copy of Ordinance No. 33472-070797 authorizing the City Manager to enter into an agreement with the County of Roanoke for creation of a Regional 800 MHz Trunked Radio System. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Mary H. Allen, Clerk, Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 John Chambliss, Jr., Assistant County Administrator, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 William J. Rand, III, Director, General Services, County of Roanoke, P. O. Box 29800, Roanoke, Virginia 24018-0798 Elmer C. Hodge, County Administrator County of Roanoke July 11, 1997 Page 2 pc: Vernon M. Danielsen, Project Manager, Hayes, Seay, Mattern & Mattern, Inc., P. O. Box 13446, Roanoke, Virginia 24034 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, PubLic Safety Ronald L. Wade, Acting Manager, Communications Department William F. Clark, Director, Public Works Arc, hie Harrington, Manager, City Information Systems Barry L. Key, Manager, Office of Management and Budget [N THECOUNCIL OF THECITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33472-070797. AN ORDINANCE authorizing the City Manager to enter into an agreement with the County of Roanoke for creation ora Regional 800 MHz Trunked Radio System. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, an agreement between the City and the County of Roanoke (County) to provide for the creation ora Regional 800 MHz Tmnked Radio System. 2. Such agreement shall authorize each party to locate equipment at sites owned or controlled by the other party. 3. Such agreement which shall be approved as to form by the City Attorney shall contain such terms and conditions deemed reasonable and appropriate by the City Manager. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. F. akin Deputy City Clerk July 11, 1997 File f~67-262-301-472 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33471-070797 authorizing the use of competitive negotiation with a sole source provider for the procurement of a Regional 800 MHz Trunked Radio System. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment H:~AG ENDA.~%JULY.7 W. Robert Herbert City Manager July 11, 1997 Page 2 pc; Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance George C. Snead, Jr., Director, Public Safety Ronald L. Wade, Acting Manager, Communications Department William F. Clark, Director, Public Works Archie Harrington, Manager, City Information Systems Barry L. Key, Manager, Office of Management and Budget ~NTHECOUNCILOFTHECITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33471-070797. A RESOLUTION authorizing the use of competitive negotiation with a sole source provider for the procurement of a Regional 800 MHz Tmnked Radio System. WHEREAS, the City Council has determined that the health, safety, and welfare of the citizens of this City will be enhanced by the creation of a Regional 800 MHz Trunked Radio System with the County of Roanoke (County); WHEREAS, in order for the system to function in an integrated manner, to maximize the number of channels available to users of the system, and to provide for full compatibility with the County's system, the system to be procured by the City must by manufactured by the same source as the County's system; WHEREAS, the sole source practicably available for furnishing such system is Motorola, Inc.; and WHEREAS, the use of competitive sealed bidding with the sole source provider would not permit the City to obtain the most favorable prices for such equipment as the City would not be able to take advantage of prices obtained through competitive procurements undertaken by other public bodies. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to §23.1-4 (e), Code of the City of Roanoke, (1979), as amended, this Council finds that the procurement method known as competitive sealed bidding is not practicable and is not fiscally advantageous to the public for the procurement of the Regional 800 MHz Trunked Radio System. 2. City Council directs that the procurement method known as competitive negotiation for other than professional services shall be used for the procurement of such system from Motorola, Inc., the sole source practicably available for such system. 3. This Resolution shall document the basis for City Council's determination. ATTEST: ..- City Clerk July 7, 1997 Council Report No. 97-408 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Bowers and Members of Council: SUBJECT: Procurement of Regional 800 MHz Tnmked Radio System I. BACKGROUND: On May 12, 1997, City Council concurred in the development ora regional 800 MHz trunked radio system for Roanoke City and Roanoke County over the next five fiscal years at an estimated cost of $6.7 million for Roanoke City. This regional project was included in the City Manager's recommended budget for Fiscal Year 1997-98 as a recommended supplemental budget (see Attachment A), and City Council adopted the budget on that date. The Phase II design report being prepared by the project consultant, Hayes, Seay, Mattem & Mattem, will be completed during the month of July, and will include detailed specifications for the procurement of the system by the City and County. The procurement process can then begin after finalization of the system specifications by City and County staff. II. CURRENT SITUATION: Options for procurement of the system permissible under current City Code provisions include: 1. Competitive sealed bidding; Competitive negotiation for other than professional services may be used after a determination made in advance by City Council and set forth in writing that competitive sealed bidding is either not practicable or not fiscally advantageous to the public; and Sole source procurement may be used when there is only one source practicably available for the needed good, professional services, services or construction. The regional radio system proposed for Roanoke City and Roanoke County will be an expansion of the current three-site 800 MHz tmnked simulcast Roanoke County system to include the city's Mill Mountain site, thereby allowing seamless The Honorable David A. Bowers, Mayor and Members of City Council Page 2 July 7, 1997 communications by City and County staffthroughout the Roanoke City-Roanoke County region. The City and County will share ownership and operations and maintenance responsibilities for the system, and are in the process of developing a draft interlocal agreement addressing the issues for review by top management. The agreement may ultimately require the approval of City Council and the Board of Supervisors. The radio system in Roanoke County uses Motorola, Inc. (Motorola) technolo~, therefore the regional system components purchased by the city must be fully compatible for the system to function at maximum efficiency and effectiveness. The project consultant, Hayes, Sear, Mattem & Mattem, has provided a briefino paper (see Attachment B) that addresses this important issue. The following ten key points are discussed in the papers: There are three viable vendors orS00 MHz radio systems in the United States. There are Motorola, Ericsson, and E. F. Johnson (in order according to the U. S. Market share.) 800 MHz tmnked radio systems are computer-controlled. They employ a control channel for the assignment of working channels to users. The coding, computer protocol and data rate used by the three radio system vendors on the control channel and throughout their systems are different and not compatible with each other. The three vendors have different approaches to and locations for logic and control equipment in the system. Therefore the entire architecture of information and approaches to logical control is the three vendors' systems are different. Upgrade equipment applied to a Motorola tmnked radio system infrastructure must be manufactured by Motorola. Motorola protocols are proprietary, and are protected by patents. While it is theoretically possible for compatible equipment to be manufactured under license by suppliers other than Motorola, Motorola has not licensed any manufacturers to do so. No other manufacturer, Ericsson, E. F. Johnson, or anyone else, is allowed to manufacture or sell equipment that is compatible with a Motorola trunked radio system. The Honorable David A. Bowers, Mayor and Members of City Council Page 3 July 7, 1997 The difference is much like Apple Computer's Macintosh and the IBM- compatible personal computer. A similar difference is protocol and incompatibility occurred with Beta and VHS formats for videotape. There are several means of providing intemommunications between tmnked radio systems of different protocols. However, none of these means will allow a communications center using one protocol to back up a communications center using another protocol. This is an important operational feature required by Roanoke City and Roanoke County. None of these means are operationally adequate for closely integrated agencies like the City and County. If the City and County choose to have systems manufactured by different vendors, them would be no opportunity to combine the systems to achieve the efficiencies that a single 23-channel system offers over separate ten and thirteen channel systems. Also, there would be no opportunity for the improvement in coverage offered by other sites in a simulcast system. The state frequency coordinator and Federal Communications Commission look mom favorably on regional systems than single user systems. Them are potential future advantages in obtaining additional channels that may be needed. 10. In HSMM's opinion, there are no advantages to have 800 MHz radio systems from different vendors in Roanoke City and Roanoke County except a possible, but uncertain, small cost advantage due to competitive bidding of an independent system. The additional costs (some hidden and some measurable) caused by the disadvantages of separate systems from different vendors vastly outweigh the possible cost savings. Based on the professional findings of the proiect consultant, and the review and confirmation of these findings by professional in-house staff, I have concluded that the procurement process known as competitive sealed bidding is not practicable or fiscally advantageous to the city. Furthermore, there is only one soume practicably available for procurement of the system. This source is Motorola, Inc. III. ISSUES: A. Regional radio system efficiency and effectiveness The Honorable David A. Bowers, Mayor and Members of City Council Page 4 July 7, 1997 B. Procurement competitiveness C. Timing IV. ALTERNATIVES, in order of feasibility, are as follows: City Council take the following actions to allow timely, continuing progress in the development of the regional radio system: Adopt the attached resolution determining that the procurement method known as competitive sealed bidding is not practicable or fiscally advantageous to the city for the procurement of radio equipment to expand the existing Roanoke County 800 MHz tmnked simulcast radio system to include Roanoke City in forming a seamless regional radio system operating at maximum effectiveness and efficiency; and authorizing instead the use of the procurement method known as competitive negotiation for other than professional services in a sole source environment. Authorize the city manager to negotiate an agreement with Roanoke County~ in a form approved by the city attomey, that will define the operations and maintenance responsibilities of the City and County relating to the regional system, as well as any other appropriate rights or responsibilities of the City and County. Regional radio system efficiency and effectiveness would be maximized with the procurement of radio equipment that is most compatible with the existing Roanoke County system. Procurement competitiveness will be addressed by comparing prices received by the city with those negotiated in other recent major procurements of Motorola radio systems in Virginia, including the recent system upgrade purchased by Roanoke County. This approach will allow the city to negotiate a competitive purchase without the risk of procuring a non-compatible system. Timing is critical to move the project forward and meet the system development schedule imposed by the Federal Communications Commission. Approval would allow the project to move ahead in a timely manner. The Honorable David A. Bowers, Mayor and Members of City Council Page 5 July 7, 1997 B. City Council not take the actions specified in Altemative A. Regional radio system efficiency and effectiveness would not be maximized if competitive sealed bidding is used, and a vendor other than Motorola is the low bidder, for the reasons cited in sections II.D.1.-10 of this report. 2. Procurement competitiveness would not be an issue. Timing could be an issue if the process of determining the low bidder is very time-consuming, and the project is delayed. V. RECOMMENDATION: City Council take the following actions to allow timely, continuing progress in the development of the regional radio system: Adopt the attached resolution determining that the procurement method known as competitive sealed bidding is not practicable or fiscally advantageous to the city for the procurement of radio equipment to expand the existing Roanoke County 800 MHz tmnked simulcast radio system to include Roanoke City in forming a seamless regional radio system operating at maximum effectiveness and efficiency; and authorizing instead the use of the procurement method known as competitive negotiation for other than professional services in a sole source environment in order to negotiate with Motorola, Inc. Authorize the city manager to negotiate an a~reement with Roanoke County, in a form approved by the city attorney, that will define the operations and maintenance responsibilities of the City and County relating to the regional The Honorable David A. Bowers, Mayor and Members of City Council Page 6 July 7, 1997 system, as well as any other appropriate rights or responsibilities of the City and County, including the right of each party to use the transmitting facilities of the other party. Respectfully submitted, W. Robert Herbert City Manager Attachments cc: Wilbum C. Dibling, Jr., City Attomey James D. Grisso, Director of Finance Mary F. Parker, City Clerk George C. Snead, Director of Public Safety Ronald L. Wade, Acting Communications Manager Barry L. Key, Manager of Management and Budget Elmer C. Hodge, County Administrator John Chambliss, Jr., Assistant County Administrator William J. Rand, III, Director of General Services, County of Roanoke Vernon Danielsen, HSMM Archie Harrington, CIS Manager ATTACHMENT "A" SUPPLEMENTAL BUDGET - Priori I PROGRAM DESCRIPTION: Regional Radio Project BACKGROUND AND JUSTIFICATION: The radio communications system used by the C~ is aging and in need of replacement. There is a problem with fTequency overcrowding and communication between City departments. The communications infrastructure is fifteen to twenty years old. The replacement cycle for communication equipment is approximately f'dteen years, A Regional Communications Study Team was formed by the City Manager and Roanoke County Administrator in October 1995 with the mission of exploring regional cooperation opportunities with respect to radio communications, The study team determined that a professional communications consultant would be needed to assist the team in effectively examining the radio systems of the City and County and recommending a migration plan for both jurisdictions to achieve radio system compatibility, With the approval of City Council and the County Board of Supervisors, the local firm of Hayes, Seay, Mattern and Mattern (HSMM) was selected in June 1996 to assist the team with Phase I of a potential three phase study. The focus of Phase I of the study wasthe determination of a conceptual migration plan for the City and County to achieve radio system interoperabiiity in order to enhance service delivery, aspedaily in the area of public safety. The final report for Phase I was issued in December 1996, and contained the following recommendations: Development of a regional 800 MHZ trunked radio system for Roanoke City and Roanoke County. Sharing and operation of the twenty-three (23) 800 MHZ channels licensed by the City and County at four radio sltas, cresting a "seamless" radio system. Modifying the current City and County Emergency Communications' Centers to serve as backups to each other in an emergency. The total cost of such a system, including capital maintenance costs, was estimated to be $7.8 million, with the City's share being $6,9 million and the County's share being $0.9 million. While the sharing arrangement appears to be inequitable, it should be noted that Roanoke County has already invested $5 to $6 million in their existing 800 MHZ system, and this system would be expanded to cover the City and County region. In June 1996, the City applied to the Federal Communications Commission (FCC) for fourteen (14) 800 MHZ frequencies that would be compatible with the County's thirteen (13) 800 MHZ frequencies. Such frequencies are finite resources, and only ten (10) frequencies were available in the area for licensing to the City. Based on FCC guidelines, the City has to show substantial progress in implementing a radio system to utilize the frequencies within one year of licensing, or by June 27, 1997, orthe licenses can be revoked and reissued to another entity. The development of detailed specifications for a radio system and the approval of funding for implementation should satisfy this requirement. The frequencies must be in use at 80% of capacity within five years of the licensing date. 32O SUPPLEMENTAL BUDGET - Priori I PROGRAM DESCRIPTION: Regional Radio Project (Continued) BACKGROUND AND JUSTIFICATION: (Continued) The Regional Communications Study Teem reviewed the Phase I recommendation from HSMM and agreed that the City and County should proceed with the development of detailed system specifications for a regional radio system that would expand the County's current radio system to provide a City and County-wide 800 MHZ trunked radio system. Such a solution is needed to address current defldendes with the City radio system, including aging equipment, frequency overcrowding, and difficulty with interdepartmental communications; and to build a communications platform to enhance current City and County cooperation in the area of public safety and foster new regional cooperative efforts in the future. The existence of effective communications capabilities is a primary factor in the development of new cooperative efforts by the City and County. With the approval of City Council and the County Board of Supervisors, Phase II, radio system design, consisting of the development of detailed specifications that could be used to purchase the system, is now in progress. The draft report for Phase II will be delivered on June 13th, with the final report due shortly thereafter. The City must then file its first annual progress report by June 27th, showing substantial progress in the form of development of detailed specifications for a radio system utilizing the City's ten (10) 800 MHZ frequencies along with the approval of funding for the implementation of the system. RECOMMENDATION: City Council concur in the development of a regional 800 MHZ trunked radio system for Roanoke City and Roanoke County over the next five fiscal years at an estimated capital cost of $6.7 million for Roanoke City, and approve the funding sources recommended in the following section, in addition, it will be necessary to fund on-going maintenance costs of the system, estimated to be over $200,000 per year. SOURCE OF REVENUE: The $6.7 million City share of the total capital cost of the project would be partially funded from the following sources over the five-year phase-in of the project: Proprietary Fund Retained Earnings General Obligation Bonds from the Capital Improvements Program (Funded from planned reductions in existing debt service expense) Nursing Home Operating Supplement ($321,000 for FY 1997-98 and $500,000 for FY 1998-99 only) Other General Fund Revenues ($200,000 per year) $ 571,000 1,250,000 821,000 1,000,000 321 SUPPLEMENTAL BUDGET - Priori I PROGRAM DESCRIPTION: Regional Radio Project (Continued) SOURCE OF REVENUE: (Continued) Additional funding is needed for the project either in the form of cash investment or additional project financing such as general obligation bonds or lease-pumhase agreements. An increase in the E-911 sumharge from $.99 to $1.45 per line per month will provide the additional project financing required, This will provide the necessary combination of cash investment and additional debt financing ($2,500,000 in general obligation bonds or lease-pumhase agreements) to fund the project during the five-year phase-in period, The increase in the E-911 surcharge will also pul in place a funding source for on-going maintenance expense of the system, estimated to be over $200,000 per year, Funding in the amount of $792,017 will be required from the General Fund for FY 1997-98. Funding in the amount of $321,000 is already included in the Transfer to Capital account, leaving a funding requirement of $471,017. Funding will be obtained from the following sources: E-911 Surcharge Increase Existing General Fund Revenue $271,017 200,000 $471,017 In addition, a total of $71,370 will he required from the retained earnings of proprietary funds during the first year of the project. These funds may be appropriated by City Council when needed. COST: Transfer to Capital $471.017 Total $471.017 322 FIFTY YEARS ATTACHMENT "B" April 21, 1997 Mr. George Snead City of Roanoke Municipal Building 215 Church Ave SW Roanoke, VA 24011 Re; 800 MHz Regional Radio System HSMM Commission No. 7355 Dear Mr. Snead: Enclosed is the paper describing the background and implications related to the City of Roanoke and Roanoke County's procurement of an 800 MHz radio system that you requested in your letter of April 9, 1997. If you have any questions or need additional information, please call me. Sincerely, HSMM Vemon M. Danielsen Enclosure: as Noted file name K:\files\7355\snead.txt HAYESr SEA",' MATTERN (~ MATTERN lNG ARCHITECTS ENGINEERS PLANNERS 1315 F;qA¢i~(L N ROAD POBGX 13446 ROANOKE, VlR3rNIA 24034 5408573100 FAX 540857 3180 e mail hsmm~roanokein!i April 21, 1997 City of Roanoke Comments regarding sole source procurement of the proposed Regional 800 MHz Radio System to support the City of Roanoke and Roanoke County HSMM Commission No. 7355 COMPATIBILITY ISSUES There are three viable vendors of 800 MHz radio systems in the United States. They are Motorola, Ericsson, and E. F. Johnson (in order according to U.S. market share.) 800 MHz mmked, radio systems are computer controlled. They employ a control channel (which may be dedicated or not) for the assignment of working channels to users. The coding, computer protocol and data rate used by the three radio system vendors on the control channel and throughout their systems are different and not compatible with each other. In addition the three vendors have different approaches to and locations of logic and control equipment in the radio system. Therefore the entire architecture of information and approaches to logical control in the three vendors' systems are different. The 800 MHz tmnked radio systems consist of fixed-end infrastructure (tower sites, communications centers, and associated computer and radio equipment that is installed in rooms or buildings), and non-fixed, subscriber equipment (two-way radios in vehicles, portable radio units, and desk top stations). Upgrade equipment applied to a Motorola tnmked radio system infrastructure must be manufactured by Motorola. In order to minimize the possibility of down time on the existing system, as well as to hold the supplier accountable for operation of the entire upgraded system, the equipment must be installed under the control and management of Motorola. Motorola protocols are proprietary, and are protected by patents. Theoretically compatible non- fixed subscriber eqm'pment could be manufactured under license by suppliers other than Motorola. At this time, Motorola has not licensed any other manufacturers to do so, and therefore the only source for subscriber equipment that is compatible with a Motorola fixed end infrastructure is from Motorola or from a Motorola agent. No other manufacturer, Ericsson or anyone else, is allowed to sell equipment that is compatible with a Motorola tmnked radio system. It is much like Apple Computer's McIntosh versus the IBM compatible PC. A similar difference in protocol and incompatibility occurred with Beta and VHS formats for video tape. IMPLICATIONS OF DIFFERENT PROTOCOLS There are several means of providing intercommunications between tmnked radio systems of different protocols, all of which are in place in various locations throughout the U.S.. Some of these means are currently in the process of being installed in order to provide intercommunications for mutual aid between agencies in Bedford County (that system is being provided by Ericsson.). These are: National mutual aid channels Inter-system gateways (system to system) Inter-system bridges (over the air) None of these means will allow a communications center using one protocol to back up a communications center us'mg another protocol. This is an operational feature required by the City of Roanoke and Roanoke County. In order to establish some degree of interoperability, the FCC established five, conventional (non- tmnked) 800 MHz channels for "mutual aid." These channels operate in the conventional mode meaning that they do not use a control channel and thus are not affected by the control channel protocol. They also lack many (most) of the beneficial features of full capability trunked 800 MHz radio systems. They do, however allow persons with radios from another vendor to enter a system and communicate with the host system with a reduced level of features. This is appropriate for "occasional visitors" with 800 MHz radios who travel to 800 MHz tmnked systems other than their home system. We do not consider this method of operation to be adequate for closely integrated agencies like the City of Roanoke and Roanoke County. Another means of circumventing the incompatibilies among the three different 800 MHz systems is through the use of "gateways or bridges." These gateways or bridges require completely separate systems with a computer controlled interface to translate and transfer radio communications messages from one system to another. This can be done between 800 MHz systems of different manufacturers and it must be done between different frequency bands (i.e. 800 MHz, UHF, VHF high band etc.) This approach introduces additional levels of complexity, cost, and potential for failure into the system. It also eliminates many (or most) of the desirable features of a modem, state-of-the-art two-way radio system such as thinking, unit ID, and some of the features of multiple talk groups. Visitors must be assigned to appropriate talk groups at the lime of entry and switching talk groups requires some additional administrative procedures. This process also restricts radio coverage, unless both systems have identical tower sites. While these gateways and bridges are useful for occasional mutual aid, and indeed are the only method of providing intercommunications between users on different frequency bands, we do not consider them to be operationally adequate for closely integrated agencies like the City of Roanoke and Roanoke County. If the City of Roanoke were to pursue an open competitive procurement of an independent 800 MHz radio system, it is possible that Ericsson or E. F. Johnson could be the successful vendor. The implications of having systems manufactured by different vendors (and thus of different protocols) in the City of Roanoke and Roanoke County are many. A few are: 2 There would very little opportunity for each of the systems to act as backup for the other. Any backup capability would be only partial and would present difficult (or impossible) logistical problems so extensive that, in HSMM's opinion the backup would be ineffective. There is no opportunity to combine the systems to achieve the efficiencies that a single 23 channel system offers over separate ten and a thirteen channel systems. The City of Roanoke and Roanoke County would each reach the maximum capacity of its individual system sooner ... and may not have sufficient capacity for its current needs until migration to digital technology is practical and economically justified. There is no opportunity for the improvement in coverage offered by other sites in a simulcast system. This is more of a benefit for Roanoke City because the three Roanoke County sites provide coverage into the City from three directions resulting in significant additional radio signal strength . The County receives added benefit only from Mill Mountain. Both the City of Roanoke and Roanoke County lose the equipment purchasing and maintenance contracting advantages that would be possible in a large system as opposed to two smaller systems The state frequency coordiantor and FCC look more favorably on regional systems than single user systems. There are potential future advantages in obtaining additional channels and obtaining waivers that might be needed. In HSMM's opinion, there are no advantages to having 800 MHz radio systems from different vendors in the City of Roanoke and Roanoke County except a possible (but uncertain) small cost advantage due to competitive bidding of an independent system. Also, in HSMM's opinion, the additional costs (some hidden and some measurable) caused by the disadvantages of separate systems from different vendors vastly outweigh the possible cost savings. There have been three major competitive procurements of large 800 MHz mmked radio systems in Virginia in the recent past that have been awarded to Motorola ... Fairfax County, Henrico County and Washington Airport Authority (Dulles Airport). In addition, Roanoke County recently negotiated a $1.5 million upgrade to its existing Motorola 800 MHz radio system. The prices from these contracts (and therefore, the discounts from list price) are public information and available for use in negotiating a further addition to the Roanoke County radio system to make it a regional system serving both the City of Roanoke and Roanoke County. In HSMM's opinion, this approach will provide as low a cost as could be achieved through competitive bidding without the risk of procuring a non-compatible system. 3 If the City were to pursue a competitive procurement, with the stipulation that the equipment be compatible with the existing County system, there could be only one responder: Motorola. Such a procurement would be competitive in name only. This would introduce factors that would very likely result in a higher cost than would be obtained in a controlled, negotiated environment. AVAILABILITY OF EQUIPMENT AND SERVICES FROM OTHER VENDORS At this time there are no sources for Motorola compatible radio equipment other than Motorola or a Motorola agent. Motorola retains patents and copyrights for hardware and software necessary to implement the protocols involved, as well for many of the protocols themselves. They have never shown interest in licensing these in a meaningful way, and have been quite aggressive in prosecuting any activity they considered to be an infringement of their patents or copyrights. Services (installation and maintenance) may be obtained from Motorola licensed service shops, and also from some independent services shops. Because of the complexity of the regional 800 MHz radio system contemplated by the City of Roanoke and Roanoke County, we consider that an independent service shop will not be sufficiently trained to provide such service, and will not have access to the necessary support from Motorola to provide the confidence to the City of Roanoke and Roanoke County that the system is optimized in order to work properly. 4 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. F. akin Deputy City Clerk July 11, 1997 File #5-72-236-304 -W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33474-070797 accepting a certain grant to implement a program entitled "Reaching Out" from the Commonwealth of Virginia's Department of Criminal Justice Services, in the amount of $9,000.00, and authorizing execution of any required documentation on behalf of the City. The aboveraferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment W. Robert Herbert City Manager July 11, 1997 Page 2 . pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Development Marion Vaughn-Howard, Youth Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief, Police Department C. Douglas Allen, Lieutenant, C.O.P.E. Unit, Police Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33474-070797. A RESOLUTION accepting a certain grant to implement a program entitled "Reaching Out" from the Commonwealth of Virginia's Department of Criminal Justice Services and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the offer made to the City by the Commonwealth of Virginia's Department of Criminal Justice Services of a grant to implement a program entitled "Reaching Out" in the amount of $9,000.00, such grant being more particularly described in the report of the City Manager, dated July 7, 1997, upon all the terms, provisions and conditions relating to the receipt of such funds. 2. The City Manager or the Assistant City Manager is hereby authorized to execute, on behalf of the City, any documentation required in connection with the acceptance of such grant and to furnish such additional information as may be required by the Commonwealth. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF R OANOKE Office of the City Clerk ~andra H. Eakin Deputy City Clerk July 11, 1997 File #5-60-72-236-304 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33473-070797 amending and reordaining certain sections of the 1997-98 Grant Fund Appropriations, providing for appropriation of $9,000.00, in connection with implementation of a training program titled "Reaching Out" by the Police Department's C.O.P.E. Unit. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment James D, Grisso Director of Finance July 11, 1997 Page 2 pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Marion Vaughn-Howard, Youth Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor George C. Snead, Jr., Director, Public Safety James L. Viar, Acting Chief, Police Department C. Douglas Allen, Lieutenant, C.O.P.E. Unit, Police Department IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33473-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Govemmant of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Grant Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriation Health and Welfare $ 3,093,854 Reaching Out Program 1997-98 (1-3) ......................... 9,000 Revenue Health and Welfare $ 3,093,854 Reaching Out Program 1997-98 (4) .......................... 9,000 1) Fees for Professional Services 2) Training and Development 3) Administrative Supplies 4) State Grant Receipts (035-054-8841-2010) $ 4,000 (035.054-8841-2044) 2,880 (035-054-8841-2030) 2,120 (035-035-1234-7252) 9,000 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Roanoke, Virginia July 7, 1997 Report #97-579 The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council RE: Acceptance of Grant Award From Department of Criminal Justice Services Project Title: "Reaching Out" I. Backaround and Current Situation: The Roanoke City Office on Youth (OOY), in conjunction with the Roanoke City Police Department's C.O.P.E. Unit, submitted a grant application to the State Department of Criminal Justice Services, for funds to implement a program titled: "Reaching Out". B= Reachina Out is a three component training program designed to incorporate the goal of the City of Roanoke's Community Oriented Policing Efforts (C.O.P.E.) model, to reduce juvenile crime, violence and other negative behaviors/attitudes, to foster better police communication and to develop programs/activities within the City's highest delinquency neighborhoods. C. The program goals will be accomplished by three strategies; 1. Two phase training component will consist of: a= Phase One - C.O.P.E. personnel will be trained in proven effective advance C.O.P.E. strategies/methods. Phase Two - Basic C.O.P.E. method - Training for all Roanoke City Police officers in appropriate juvenile diversion, referrals to helping organizations and in development of departmental policies, procedures and practices to encourage police diversion of juvenile offenders, when appropriate. Council Report #97-579 July 7, 1997 Page 2 Juvenile/Children Diversion Comoonent will expand the C.O.P.E. Unit's efforts to reduce juvenile negative behaviors into positive behaviors. This will be accomplished by positive role modeling intervention activities and development of one-to-one and group skills, leadership training personal enrichment experiences which would not otherwise be available to high risk children/youth, due to economic and social factors. These activities are not rewards, or not lust for activities, but exoeriences which they would not otherwise have, stressing the positive and cultural experiences outside of their neighborhood would have a life*long learning impact. Community Pride Component will provide the opportunity to increase parental/adult, private sector involvement via police officers serving as positive role models for delinquent children/youth. May 1997, the Office on Youth (OOY), via the City Manager's Office received official notification of application approval in the amount of $9,000 in federal funds. No local money is required for acceptance of this grant. E. Proiect Budoet Summary: DCJS Funds City Federal General Match Total Personnel $O.00 $O.OO 90.OO 90.O0 Fees for Prof. Services 94,000.00 90.00 90.00 94,000.00 Training & Development 92,880.00 90.00 90.00 92,880.00 Equipment 90.00 90.00 90.00 90.00 Supplies & Other Exp. 92,120.00 90.00 90.00 92,120.O0 TOTALS 99,000.00 $O.00 $0.O0 $9,OOO.00 Council Report #97-579 July 7, 1997 Page 3 Il. Issues: A. Cost to the City B. Funding C. Prooram Imolementation II1. Alternatives: IV. Authorize the City Manaoer or his desionee to execute appropriate document to accept the award from the Department of Criminal Justice. 1. Cost to the City is not a factor because no local match is required. Funding will be for the implementation of the program as designated in the grant application. A grant fund account will be set up in accordance with the itemized budget. Prooram imDlementation will take place only after City Council accepts the grant. The grant effective date is July 1, 1997 through June 30, 1998. Do not authorize the City Manager or his designee to execute the appropriate document to accept the award from the Department of Criminal Justice. 1. Cost to the City would not be an issue. Fundino would not be an issue because the program was designed to be funded through this grant. Prooram imolementation would not be an issue because the program would not be implemented. Recommendation: It is recommended that City Council concur with Alternative A, and Authorize the City Manaoer or his desiqnee to execute the appropriate document to accept the award from the Department of Criminal Justice; in a form approved by the City Attorney's office; and Council Report #97-579 July 7, 1997 Page 4 ADDroeriate $9,000.00 in State Grant funds and establish a corresponding revenue estimate into a grant fund account to be established by the Director of Finance. Respectfully submitted, W. Robert Herbert City Manager WRH/MVH/wb Attachment C' City Attorney Director of Finance Director of Human Development Office of Management & Budget Lt. Douglas Allen, C.O.P.E. Unit Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 1997 File #60-67-72-226-236-246-304-467 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33475-070797 amending and reordaining certain sections of the 1997-98 Grant and General Fund Appropriations, providing for appropriation and transfer of funds in connection with the Virginia Summer Food Service Program Grant from the U. S. Department of Agriculture. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE'~ City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Resources Marion Vaughn-Howard, Youth Coordinator Frank E. Baratta, Grants Compliance Monitor Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33475-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Grant and General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Grant and General Fund Appropriations, be, and the same are hereby, amended and raordained to read as follows, in part: Grant Fund Aoorooriations Health and Welfare Summer Food Program 1997-98 (1-2) .......................... Revenue Health and Welfare Summer Food Program 1997-98 (3-4) .......................... General Fund Appropriations General Government Director of Human Development (5) ........................... Nondepartmental Transfers to Other Funds (6) ................................. 1) Temporary Employee Wages 2) Program Activities 3) Federal Grant Receipts (035-054-5182-1004) $ 15,245 (035-054-5182-2066) 66,000 (035-035-1234-7250) 66,000 $ 3,084,854 81,245 $ 3,084,854 81,245 $10,606,145 196,333 56,970,083 56,167,232 4) Local Match.. 5) Fees for Professional Services 6) Transfer to Grant Fund (035-035-1234-7251) $ 15,245 (001-054-1270-2010) (15,245) (001-004-9310-9535) 15,245 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #67-72-226-236-246-304-467 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 33476-070797 endorsing the grant application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1997 Summer Food Service Program, accepting the subsequent grant award, and authorizing execution of the necessary documents in connection with the grant and negotiation and execution of the appropriate interagency agreements. The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment W. Robert Herbert City Manager July 11, 1997 Page 2 pc; Alan R. Crane, Supervisor, Summer Food Service Program, U. S. Department of Agriculture, Food and Consumer Service, Mercer Corporate Park, 300 Corporate Boulevard, Robbinsville, New Jersey 08691-1598 John P. Baker, Executive Director, Roanoke Redevelopment and Housing Authority, 2624 Salem Turnpike, N. W., Roanoke, Virginia 24017 Theodore J. Edlich, III, Executive Director, Total Action Against Poverty in Roanoke Valley, P. O. Box 2868, Roanoke, Virginia 24001 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Glenn D. Radcliffe, Director, Human Resources Marion Vaughn-Howard, Youth Coordinator Diane S. Akers, Budget Administrator, Office of Management and Budget Frank E. Baratta, Grants Compliance Monitor IN THE COUNCIL OF THE CITY OF The 7th day of July, 1997. No. 33476-070797. ROANOKE, VIRGINIA, A RESOLUTION endorsing the grant application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 1997 Summer Food Service Program, accepting the subsequent grant award, authorizing execution of the necessary documents in connection with the grant, and authorizing the negotiation and execution of the appropriate agreements. BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council endorses the application made on behalf of the City of Roanoke to the United States Department of Agriculture for the 19971 Summer Food Service Program. 2. The City of Roanoke accepts any subsequent grant award from the United States Department of Agriculture for the 1997 Summer Food Service Program in an amount not to exceed $66,000.00. 3. The City Manager or the Assistant City Manager is hereby authorized to execute any and all documents required to accept the grant award in an amount not to exceed $66,000.00 from the United States Department of Agriculture for the 1997 Summer Food Service Program and to execute any documents required by the United States Department of Agriculture in connection with said grant. All documents to be in form approved by the City Attorney. 4. The City's Director of Human Development or his designee is authorized to negotiate and execute any appropriate agreements with Total Action Against Poverty, Roanoke Redevelopment and Housing Authority, and Roanoke City Schools, in order to implement the program funded by the grant, upon the terms and conditions set forth in the report to this Council dated July 7, 1997. Such agreements shall be in form approved by the City Attorney. ~TTEST: City Clerk. Department of Finance City of Roanoke, Virginia July 7, 1997 TO: FROM: SUBJECT: Honorable Mayor and Members of City Council James D. Grisso, Director of Finance May Financial Report This financial report covers the first eleven months of the 1996-97 fiscal year. The following narrative discusses revenue and expenditure trends to date. REVENUE Total General Fund revenues reflect an increase of 4.36% or $5,918,000, on a year-to-date basis, compared to FY96. Variances in specific categories of revenue are as follows: General Property Taxes have increased 4.94%, or $2,965,000. Real estate tax revenues have increased $2,178,000 or 5.8% and have now met the estimate for the year. The growth is a result of increased assessments and greater collections of delinquent taxes. Personal property tax revenues have grown by approximately $1.0 million or 5.5%. They, too, have increased as a result of higher assessments in the current year. Personal property taxes have been recorded on an accrual basis at May 31, as the due date for the payment of these taxes is June 2. Revenues from personal property taxes will exceed the budgeted amount for the year. Public service taxes have declined in FY97, while penalties and interest have increased. Other Local Taxes have increased $925,000 or 2.2%. Leading this growth are increased sales taxes, up $567,000 or 4.5%. Business, professional and occupational license (BPOL) taxes have increased $325,000, or 3.6%, as a result of increases in the gross receipts of businesses subject to the tax. Prepared food and beverage taxes have increased $244,000 or 5.3%. E911 telephone surcharge taxes have also risen, while electric service utility tax and bank stock taxes have declined. Fines and Forfeitures increased $111,000 or 13.09% due to growth in all categories of court fines and collection fees. This has resulted from increases in several traffic fines and a more aggressive collection approach. Revenue from the Use of Money and Property decreased $137,000, or 13.83%, due to a decline in interest earnings offse~ by increased property rental. The decreased interest income has resulted fi-om a reduction in the General Fund's cash balances which occurred when the new Risk Management Internal Service Fund was established July 1. The Risk Management function was previously part of the General Fund. Honorable Mayor and Members Roanoke City Council July 7, 1997 Page Grants-in-Aid-Federal Government are up $13,000 or 44.23%. There have been higher FEMA payments this year, but a $14,000 flood damage reimbursement was received last year. Miscellaneous Revenue has increased $337,000 due to the receipt of nearly $194,000 in connection with Trigon's settlement regarding discounts not properly deducted bom employer claim costs. Sales of surplus property have also increased, and there have been increases in other miscellaneous revenues. EXPENDITURES AND ENCUMBRANCES Expenditures and encumbrances in the General Fund have increased 5.63% or $7,763,000 since FY96. Variances in individual expenditure categories are discussed as follows: Health and Welfare expenditures have increased $1,561,000 or 9.05%. Comprehensive Services Act expenditures have risen by 17%, adding approximately $870,000 in expenditures, due to increased children in the program and more at very expensive facilities due to the high level of supervised care they require. Social Services costs have risen due to increased personnel costs, higher purchased services and CIS charges, and increased daycare and foster care expenditures. Cultural and Human Services contributions have increased by $427,000, mostly because some contributions previously included in the Parks, Recreation and Cultural category are now in Health and Welfare. As such, the contributions to the Center in the Square, the Vkginia Museum of Transportation, Harrison Cultural Center, Explore Park, and Virginia Amateur Sports are now in this category. Parks, Recreation and Cultural expenditures have decreased $317,000 or 6.49% due to a decrease in cultural contributions. As mentioned previously, contributions to certain cultural and human service organizations, which were included in this category in the past, are now reported as Health and Welfare expenditures. Community Development expenditures have increased 9.87% or $105,000. The Department of Planning and Community Development has incurred higher personnel costs, and Economic Development has incurred higher costs for personal services, training and development, and diversified housing. The Transfer to Debt Service Fund has increased $1,345,000 or 16.88%. The transfer has increased in FY97 for to fund payments of principal and interest associated with the 1996 public improvement bond issue. These bonds were issued in February 1996, and payments began in FY97. Nondepartmental expenditures rose $1,651,000, or 29.08%. The nondepartmental category consists mainly of transfers to other funds which change from year to year based on budget requirements and various uses of the Capital Maintenance and Equipment Replacement Program (CMERP) funds. The transfers to the Fleet Management and Capital Projects Funds increased by $774,000 and $922,000, respectively, while the transfer to the City Information Systems Fund decreased $659,000 from FY96. Transfers to the Civic Center, Transportation, and Grant Funds have also risen. Honorable Mayor and Members Roanoke City Council July 7, 1997 Page I would be pleased to answer any questions which City Council may have regarding the monthly financial statements. JDG/AHA/pac Attachments Directoi' of Finance CITY OF ROANOKE, VIRGINIA GENERAL FUND CONTINGENCY BALANCE MAY 31, 1997 Balance July 1,1996 Ordinance Number Dea~ment 33067 Director of Utilities and Operations 33075 Recreation 33105 Dues, Membemhips and Affiliations CMT045 City Attorney 33175 CMT087 33200 Social Se~ces - Services Planning & Community Development Commonwealth's Attorney 33213 Juvenile Detention Home 33233 City Council CMT117 City Attorney CMT187 Building Inspections 33321 Communications CMT208 Building Maintenance CMT219 City Manager CMT220 Municipal Auditing CMT221 City Clerk CMT222 City Council CMT228 City Attorney CMT235 Building Maintenance CMT270 Community Planning CMT267 Communications CMT327 Libraries Balance May 31, 1997 Purpose City's Share of Governmental Electdc Rate Negotiation Costs Roanoke City Boxing Association Equipment Purchases Greenways/Open Space Steedng Committee Local Government Attorneys of Virginia Membership Family Preservation Program Ward System Task Force Additional Funds for Personal Services Additional Staffing Retention of Legislation Liaison City's Potion of Franchise Fee Audit Costs New Code Books, Training sesaon Joint Roanoke City/Roanoke County Radio Consultant Sister Cities Bronze Plaque All Amedca City Travel Increased Cost of External Audit OverlJme/Temporary Wages and Administralive Expenses Unanticipated Administrative, Travel and Gratuity Expenses Fees for Professional Services Electrical Wiring for Elmwood Park Ward System Task Fome Maintenance of Radio Shop Purchase of Computers $367,576 (23,086) (15,000) (28,800) (1,800) (7,563) (3,000) (6,882) (55,119) (15,000) (3,666) (3,062) (55,000) (365) (15,215) (1,650) (14,000) (13,500) (13,000) (4,000) (1,000) (5,000) (4,078) $77,790 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF REVENUE Revenue Source General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Grants-in-Aid Commonwealth Grants-in-Aid Federal Government Charges for Services Miscellaneous Revenue Internal Services Total Year to Data for the Period Current Fiscal Year Percent of Revised Revenue July 1- May 31 July 1- May 31 Percentage Revenue Estimate 1995-96 1996-97 of Change Estimates Received $60,001,854 $62,966,810 4.94 % $62,694,552 100.43% 42,122,266 43,047,133 2.20 % 48,474,356 88.80% 602,873 615,313 2.06 % 562,200 109.45% 847,453 958,376 13.09 % 875,500 109.47% 987,992 851,362 (13.83)% 1,138,326 74.79% 26,885,022 28,446,104 5.81% 36,056,693 78.89% 30,154 43,490 44.23 % 25,000 173.96% 2,706,262 2,761,283 2.03 % 3,449,148 80.06% 206,068 543,467 163.73 % 560,451 96.97% 1,283,757 1,358,712 5.84 % 1,824,000 74.49% $135,673,701 $141,592,050 4.36 % $155,660,226 90.96% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Y~r~DateforthePeried Current Fiscal Year Percent of July 1- May 31 July 1- May 31 Percentage Unencumbered Revised Budget Expenditures 1995-96 1996-97 of Change Balance Appropriations Obligated General Government $9,389,582 $9,155,844 (2.49)% $1,105,205 $10,261,049 89.23% J u dicial Administration 3,602,736 3,707,878 2~92 % 424,632 4,132,510 89.72% Public Safety 32,210,761 33,228,318 3.16 % 4,146,835 37,375,153 88.90% Public Works 20,902,392 21,757,025 4.09 % 3,205,865 24,962,890 87.16% Health and Welfare 17,248,658 18,809,661 9.05 % 3,649,353 22,459,014 83.75% Parks, Recreation and Cultural 4,888,921 4,571,872 (6.49) % 463,552 5,035,424 90.79% Community Development 1,070,715 1,176,357 9.87 % 217,044 1,393,401 84.42% Transfer to Debt Service Fund 7,966,377 9,310,800 16.88 % 9,310,800 100.00% Transfer to School Fund 34,946,084 36,621,190 4.79 % 3,218,950 39,840,140 91.92% Nondepartmental 5,676,044 7,326,535 29.08 % 301,588 7,628,123 96.05% Total $137,902,270 $145,665,480 5.63 % $16,733,024 $162,398,504 89.70% 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-May 31 July 1-May 31 Percentage 1995-96 1996-97 of Change Current Fiscal Year Percent of Revised Revenue Revenue Estimate Estimates Received $6,093,720 $6,468,959 6.16 25,620,056 27,829,409 8.62 1,948,036 2,123,392 9.00 2,380,321 2,668,291 12.10 34,946,084 36,621,190 4.79 8,859,187 8,528,191 (3.74) $79,847,404 $84,239,432 6.50 % $8,090,895 79.95% 31,022,380 89.71% 2,513,996 84.46% 3,071,102 86.88% 39,840,140 91.92% 9,365,754 N/A $93,904,267 89.71% STATEMENT OF EXPENDITURES AND ENCUMBRANCES Year to Date for the Period Current Fiscal Year July 1-May31 July 1-May31 Ext~enditures 1995-96 1996-97 Instruction $51,880,177 $56,151,665 General Support 2,436,763 2,373,785 Transportation 2,678,643 2,553,731 Operation and Maintenance of Plant 7,866,331 8,098,320 Food Services 3,186,592 3,368,156 Facilities 3,095,316 2,564,088 Other Uses of Funds 2,510,275 3,326,924 Special Purpose Grants 9,284,054 9,365,754 Percentage of Change Percent of Unencumbered Revised Budget Balance Appropriations Obligated 8.23 % $5,926,368 $62,078,033 90.45% (2.58)% 777,541 3,151,326 75.33% (4.66)% 300,160 2,853,891 89.48% 2.95 % 1,223,048 9,321,368 86.88% 5.70 % 397,540 3,765,696 89.44% (17.16)% 273,800 2,837,888 90.35% 32.53 % 1,810 3,328,734 99.95% 0.88 % 9,365,754 N/A Total $82,938,151 $87,802,423 5.86 % $8,900,267 $96,702,690 90.80% CITY OF ROANOKE, VIRGINIA CAPITAL PROJECTS FUND STATEMENT OF EXPENDITURES, ENCUMBRANCES, AND UNENCUMBERED APPROPRIATIONS SUMMARY AS OF MAY 3t, 1997 Expenditures Unexpended Outstanding Unencumbered Budget To Data Balance Encumbrances Balance General Government $13,689,949 $6,001,054 $7,688,895 $319,720 $7,369,175 Public Sa[ety 9,694,206 9,512,025 182,181 182,181 EducalJon 24,890,309 17,993,507 6,896,802 1,413,228 5,483,574 Community Development 1,041,000 82,269 958,731 958,731 Recrea~on 773,042 332,189 440,853 185,227 255,626 Streets and Bridges 14,620,255 11,363,838 3,256,417 856,351 2,400,066 Sanita~on Projects 348,396 223,634 124,762 65,050 59,712 Tralfic Engineering & Communica~ons 1,875,300 1,425,858 449,442 27,607 421,835 Other InfTastructure Projects 7,714,034 3,435,860 4,278,174 133,329 4,144,845 Capital Improvement Reserve 18,837,236 18,837,236 18,837,236 Total $93,483,727 $60,370,234 $43,113,493 $3,969,243 $39,154,250 4 CiTY OF ROANOKE, VIRGINIA WATER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1997 Operating Revenue Commercial Sales Domestic Sales Indust]ial Sales Town of Vinton County of Roanoke City of Salem Customer Services Total Operating Revenue Operating Expenses Personal Services Operating Expenses Depreciation Total Operating Expenses Operating Income Nonoperating Revenue (Expenses) Transfer from Utility Line Services Fund Interest on Investments Rent Miscellaneous Revenue Interest Expense Miscellaneous Expense Total Nonoperating Revenue (Expenses) Net Income 1997 1996 $2,872,981 $2,897,397 2,536,732 2,624,312 215,113 230,146 21,612 34,245 1,672,823 1,662,804 6,180 1,606 363,423 331,121 7,688,864 7,781,631 1,542,433 1,280,527 2,700,811 2,892,428 862,025 860,539 5,105,269 5,033,494 2,583,595 2,748,137 275,000 265,953 150,484 2,856 3,865 75,091 30,665 (1,450,955)(1) (556,233) (1,194) (1,371) ( 1,108,249) (97,590) $1,475,346 __$2r650,547 Note (1) This amount represents interest paid on the 1992 Water Bonds. Interest was previously capitalized as part of the construction costs related to the Carvins Cove improvements, which were substantially complete in February 1996. 5 CITY OF ROANOKE, VIRGINIA SEWAGE TREATMENT FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1997 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 Miscellaneous Expense Interest Expense Total Nonoperating Revenue (Expenses) Net Income 1997 $6,534,053 807,367 214,921 770,610 100,379 136,443 83,893 8,647,666 1,534,144 3,920,192 868,720 6,323,056 2,324,610 400,415 16,958 (198) 417,175 $2,741,785 1996 $6,152,376 742,800 187,661 783,905 123,128 118,262 76,699 8,184,831 1,534,011 3,692,219 857,509 6,083,739 2,101,092 229,814 16,904 (198) 246,520 $2,347,612 CITY OF ROANOKE, VIRGINIA CiViC CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1997 Operating Revenue Rentals Parldng Fee Event Expenses Advertising 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 Fund Interest on Investments Miscellaneous Total Nonoperating Revenue Net Income (Loss) 1997 $543,519 220,516 161,569 1,925 216,937 288,162 83,836 1,516,464 1,065,758 1,129,147 371,276 2,566,181 (1,049,717) 1,027,798 34,408 7,866 1,070,072 $20,355 1996 $521,828 138,828 122,733 1,935 184,339 248,733 37,127 1,255,523 1,019,457 1,026,030 351,229 2,396,716 (1,141,193) 779,636 114,896 33,890 10,734 939,156 ($202,037) 7 CITY OF ROANOKE, VIRGINIA TRANSPORTATION FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1997 Operating Revenue Century Station Parking Garage Williamson Road Parking Garage Market Square Parking Garage Chumh Avenue Parking Garage Tower Parldng 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 Fund Operating Subsidy for GRTC Interest on Investments Interest Expense Miscellaneous Total Nonoperating Revenue (Expenses) Net Loss 1997 $278,551 391,607 144,607 371,708 199,055 85,025 1,470,553 711,020 479,653 1,190,673 279,880 1,001,133 (773,628) (992) (670,161) 7,649 (435,999) ($186,119) 1996 $269,783 292,807 152,064 377,358 189,286 111,283 1,392,581 610,249 477,138 1,087,387 305,194 897,172 43,165 (671,432) 11,058 (611,847) 4,213 (327,671) ($22,477) CITY OF ROANOKE, VIRGINIA NURSING HOME FUND COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1997 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 Transfer from General Fund Interest on Investments Miscellaneous Revenue Total Nonoperating Revenue Net Income 1997 $3,296 285,482 883,975 1,172,753 1,172,068 448,220 15,581 1,535,869 (453,11 5) 546,022 36,226 9,760 591,008 $127~892 1996 $42,067 268,583 903,271 1,213,921 1,199,223 426,095 21,659 1,646,977 (433,056) 504,210 18,843 523,053 $89,997 9 CITY OF ROANOKE, VIRGINIA HOTEL ROANOKE CONFERENCE CENTER FUND COMPARATIVE INCOME STATEMENT FOR THE tl MONTHS ENDING MAY 31, t997 1997 CONFERENCE COMMISSION (1) CENTER (2) TOTAL 1996 Operating Revenue Commission Conference Center $ $ $ $ 2,203,566 2,203,566 1,444,013 Total Operating Revenue 2,203,566 2,203,566 1 ?.~.~.,013 Operating Expenses Commission Conference Center Depreciation Expense 74,325 74,325 82,248 1,874,811 1,874,811 1,484,010 421,372 44,071 465,443 421,508 Total Operating Expenses 495,697 1,918,882 2,414,579 1,987,766 (495,697) 284,684 (211,013) (543,753) Operating Income (Loss) Nonoperating Revenue (Expenses) City Subsidy Virginia Tech Subsidy Proceeds from Brick Sales Interest on Investments Conference Center 175,000 175,000 175,000 175,000 175,000 175,000 225 225 1,475 10,378 10,378 7,580 (80,967) (80,967) (74,959) Total Nonoperating Revenue (Expenses) 360,603 (80,967) 279,636 284,096 ($135,094) $203,717 $68,623 ($259,657) Net Income (Loss) Notes to Financial Statement: (1) The column entitled "Commission" represents Commission activity in the City's financial records. (2) The column entitled "Conference Center" represents actual revenue and expenses of the Conference Center, as provided by Doubletree Management. 10 CITY OF ROANOKE, VIRGINIA INTERNAL SERVICE FUNDS COMPARATIVE INCOME STATEMENT FOR THE 11 MONTHS ENDING MAY 31, 1997 Operating Revenue Charges for Services Total Operating Revenue Operating Expenses Operating Expenses Depreciation Total Operating Expenmea Operating Inoome (Loam) #onoparatlng Revenue(Expenmee) Transfer from General Fund Transfer from Msferials Control Fund Transfer from Management Services Fund Transfer from School Board Transfer to Water Fund Transfer to Civic Center Fund Transfer to City Information Systems Fund Transfer to Transportation Fund Miscellaneous Expense Net Nonoperatlng Revenue (Expanses) Net Income TOTALS 99,029 (6,666) 10,228 64,189 58,493 439,310 664,583 341,345 1,377,124 1,718,zl~9 50,000 50,000 148,924 1,603,459 212,600 55,000 20,000 (275,000) (114,896) (267,soo) (43,165) (~ ,469) 440,$74 (6,666) 10,228 64,189 1,486,617 439,$10 2,43~,062 Note (t) The Risk Management Fund was established on July t, t996. 11 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATEMENT OF ACCOUNTABILITY FOR THE MONTH ENDED MAY 31, 1~J7 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 MAY 31,1997. GENERAL $8,347,557.68 $24,003,960.00 $12,004,421.15 $20,566,877.88 WATER 6,293,564.39 435,380.66 191,694.48 6,832,459.33 ]SEWAGE 23,095,296.16 1,404,126.68 1,363,702.93 21,288,196.04 CIVIC CENTER TRANSPORTATION CAPITAL PROJECTS NURSING HOME CONFERENCE CENTER DEBT SERVICE CITY INFORMATION SYSTEMS MATERIALS CONTROL MANAGEMENT SERVICES UTILITY LINE SERVICES FLEET MANAGEMENT PAYROLL RISK MANAGEMENT PENSION SCHOOL BOARD FDETC GRANT 638,425.04 128,844.13 67,490.25 376,652.82 30,979.92 136,605.31 222,485.18 126,046.68 27,514,890.84 3,305,701.12 36,781,752.04 824,713.38 103,527.74 115,491.58 447,002.02 338,545.87 0.00 5,120.03: 98,738.64 9,119,246.68 0.00 53,057.14 8,408,104.43 2,296,822.28 126,759.96 62,685.21 2,185,265.06 (129,836.53) 116,483.68 115,503.88 ( 213,921.69 11,661.31 7,663.70 1,579,692.87 79,054.45 110,055.61 1,779,773,68 339,098.62 397,254.87 (7,955,951.05) 12,287,155.84 13,567,476.53 ({ 9,365,753.69 453,669.41 225,535.22 708,820.24 505,295.81 871,526.64 9,732,369.14 4,233,988.59 4,709,954.40 96,158.33 89,538.13 73,805.77 631,712.86 256,445.93 437,259.91 TOTAL $94,522,457.16 $481017,297.37 $36 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 MAY 31, 1997. THAT SAID FOREGOING: CASH: CASH ON HAND CASH IN TRANSIT INVESTMENTS ACQUIRED FROM COMPETITIVE PROPOSALS: COMMERCIAL PAPER OVERNIGHT INVESTMENT REPURCHASE AGREEMENTS U. S. TREASURY NOTES VIRGINIA AIM PROGRAM (U. S. SECURITIES) TOTAL DATE: JUNE 11, 1997 DAVID C. ANDERSON, TREASURER 12 CITY OF ROANOKE PENSION PLAN STATEMENT OF REVENUE AND EXPENSES FOR THE 11 MONTHS ENDING MAY 30, 1997 Revenue Contributions Investment income Gain on Sale of Investments Bond Discount Amortization Total Revenue 1997 $5,753,710 6,156,058 31,051,184 191,526 $43,152,478 1996 $6,282,375 5,728,454 6,413,655 284,388 $18,708,872 Expenses Pension Payments Fees for Professional Services Bond Premium Amortization Administrative Expense Total Expenses Net Income $7,525,740 693,871 437,561 231,941 8,889,113 $34~263,365 $7,256,882 687,764 268,230 140,493 8,353,369 $10,355,503 13 CITY OF ROANOKE PENSION PLAN BALANCE SHEET MAY 30, 1997 Assets Cash investments: (market value: (1997 $241,023,385 1996 $211,178,929) Due from Other Funds Other Assets Total Assets Liabilities and Fund Balance Liabilities: Due to Other Funds Total Liabilities Fund Balance: Fund Balance, July 1 Net Income - Year to Date Total Fund Balance Total Liabilities and Fund Balance 1997 $341,624 207,815,648 86 18,000 $208~175~358 $699,032 699,032 173,212,961 34,263,365 207,476,326 $208,175,368_ 1996 $277,682 169,661,255 365 18,000 ~- $169~957~302 $673,596 673,596 158,928,203 10,355,503 169,283,706 $169~957~302_ 14 Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk July 11, 1997 File f~60--467 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso; I am attaching copy of Ordinance No. 33488-070797 amending and reordaining certain sections of the 1997-98 School Fund Appropriations, providing for reappropriation of $1,807,467.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc** Marsha W. Ellison, Chair, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent of Schools, Roanoke City Public Schools Richard L. Kelley, Executive for Business Affairs, Roanoke City Public Schools Cindy H. Ramseur, Clerk, Roanoke City School Board W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget i/ IN THE COUNCZL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33488-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 School FundAppropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1997-98 School Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Instruction General Support Transportation Operation/Maintenance of Plant Food Services Facilities Total Appropriations 596,623 49,333 20,800 366,404 36,951 737.356 $1.807.467 Reserve fo~- Prior Year Encumbrances Sl.807.467 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. parker, CMCIAAE C~y C~erk CITY OF ROANOKE Office of the City Clerk Sandra H. F_akin Deputy City Clerk July 11, 1997 File #60-396 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33487-070797 amending and reordaining certain sections of the 1997-98 Risk Management Fund Appropriations, providing for reappropriation of $8,803.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Kenneth S. Cronin, Manager, Personnel Department Glenn A. Asher, Risk Management Officer XN THE COUNCIL OF THE CZTY OF ROANOEE, VZRGZN/A The 7th day of July, 1997. No. 33487-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Risk Management Fund Appropriations, ~nd providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Risk Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses Total Appropriations $ 8.803 $ 8.803 BE IT FURTHER ORDAINED that, an emergency existing, this ordinance shall bm in effect from its passage. ATTEST: city Clerk. CITY OF R O_..ANOKE Office of the City Clerk Mary F. Parker, CMCIAAE City Clerk July 11, 1997 File ft60-361 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33486-070797 amending and reordaining certain sections of the 1997-98 Fleet Maintenance Fund Appropriations, providing for reappropriation of $1,472,636.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works James A. McClung, Manager, Fleet and Solid Waste Management Diane S. Akers, Budget Administrator, Office of Management and Budget IN THH COUNCIL OF THE CITY OF RO/%NOKH, VIRGINIA The 7th day of July, 1997. No. 33486-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Fleet Management Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Fleet Management Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses Capital Outlay Total Appropriations $ 9,610 1.463.026 $1.472.636 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File ~60-268 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33485-070797 amending and reordaining certain sections of the 1997-98 Utility Line Services Fund Appropriations, providing for reappropriation of $157,366.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The aboveraferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMClAAE City CLerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Samuel Hayes, III, Manager, Utility Line Services Diane S. Akers, Budget Administrator, Office of Management and Budget IN THZ COUNCXL OF TZ~ CXTY OF ROANOKE, VXRGXNXA The 7th day of July, 1997. No. 33485-070797. AN ORDINANCE to amend and reordain certain sections of the Services Fund Appropriations, and providing 1997-98 Utility Line for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the city of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the city of Roanoke that certain sections of the 1997-98 Utility Line Services Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses Capital Outlay Total Appropriations 7,792 149.574 $ 157.366 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shali be in effect from its passage. ATTEST: city Clerk. orr or Office of the C ty Clerk Maw F. Parker, CMCIAAE c~y c~erk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #60-299 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33484-070797 amending and reordaining certain sections of the 1997-98 Management Services Fund Appropriations, providing for reappropriation of $13,412.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Barry L. Key, Manager, Office of Management and Budget Diane S. Akers, Budget Administrator, Office of Management and Budget ZN THB CO~NCZL OF THB CZTY OF ROANOKB, VZRGZNZA The 7th day of July, 1997. No. 33484-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Management Services Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Management Services Fund Appropriations, be, and the same are hereby, amended and reordained to read aa follows, in part: Operating Expenses Capital Outlay Total Appropriations $ 9,723 3.689 $ 13.412 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE c~y Clerk CITY OF ROANOKE Office of the City Clerk July 11, 1997 File ff-45-60 Sandra H. Eakin Deputy City Clerk James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33483-070797 amending and reordaining certain sections of the 1997-98 Materials Control Fund Appropriations, providing for reappropriation of $219.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management XMTHB COUNCIL OF TKB CZTY OF ROANOKB, VZRGXNIA The 7th day of July, 1997. No. 33483-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Materials Control 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 1997-98 Materials Control Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses Total Appropriations 219 219 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF R O_..ANOKE Office of the C~ty Clerk Mary F. Parker, CMCIAAE ci~ c~rk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #60-301 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33482-070797 amending and reordaining certain sections of the 1997-98 City Information Systems Fund Appropriations, providing for reappropriation of $66,895.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager William F. Clark, Director, Public Works Archie W. Harrington, Manager, City Information Systems Diane S. Akers, Budget Administrator, Office of Management and Budget IN THB COUNCIL OF The 7th day of July, 1997. No. 33482-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 City Information Systems Fund AppropriT=ions, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. Roanoke THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1997-98 City Information Systems Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses Telephone System Maintenance Capital Outlay Total Appropriations $ 13,023 4,356 49.516 $ 66.895 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. Mary F. Parker, CMCIAAE C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #60-72-44 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33481-070797 amending and reordaining certain sections of the 1997-98 Nursing Home Appropriations, providing for reappropriation of $21,803.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Glenn D. Radcliffe, Director, Human Development Robert F. Hyatt, Manager, Nursing Home Diane S. Akers, Budget Administrator, Office of Management and Budget ZM THB CO~NGZL OF THZ CZTY O~ ROANOKZ, VZRGZNZA The 7th day of July, 1997. No. 33481-070797. 1997-98 Nursing emergency. WHEREAS, AN ORDINANCE to amend and reordain certain sections of the Home Appropriations, and providing for an for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council Roanoke that certain sections of the 1997-98 of the City of Nursing Home Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses Total Appropriations 21.803 21.803 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. CITY OF RO_..ANOKE Office of the C,ty Clerk Mary F. Parker, CMCIAAE City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #60-192 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33480-070797 amending and reordaining certain sections of the 1997-98 Civic Center Fund Appropriations, providing for reappropriation of $76,389.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations James M. Evans, Acting Manager, Civic Center Facilities Diane S. Akers, Budget Administrator, Office of Management and Budget IN TKB COUNCIL OF THE CITY OF ROANOKZ~ VIRGINIA The 7th day of July, 1997. No. 33480-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 civic Center Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Civic Center Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Operating Expenses Capital Outlay Total Appropriations $ 9,539 66.850 $ 76.389 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. Mary F. Parker, CMCIAAE C~y C~erk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #60-27 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso; I am attaching copy of Ordinance No. 33479-070797 amending and reordaining certain sections of the 1997-98 Sewage Fund Appropriations, providing for reappropriation of $605,485.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, ary F. Parker, CMC/A~E City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Steven L. Walker, Manager, Water Pollution Control Plant Diane S. Akers, Budget Administrator, Office of Management and Budget XM TMZ CO~NCXL OF THI CXTY OF ROANOKI, VXRGXNXA The 7th day of July, 1997. No. 33479-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Sewage 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 1997-98 Sewage Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Administration Maintenance Operations Laboratory Lateral Maintenance and Replacement Capital Outlay Total Appropriations 505,606 6,114 28,489 463 7.860 $ 548,532 56.953 $ 605.485 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: city Clerk. CITY OF ROANOKE Office of the City Clerk Mary F. Parker, CMCIAAE C~y Clerk Sandra H. F. akin Deputy City Clerk July 11, 1997 File ~60-468 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33478-070797 amending and reordaining certain sections of the 1997-98 Water Fund Appropriations, providing for reappropriation of $126,075.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferanced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE~ City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations Jesse H. Perdue, Jr., Manager, Water Department Diane S. Akers, Budget Administrator, Office of Management and Budget IN THH COUNCIL OF THE CITY OF ROANOKHv VIRGINIA The 7th day of July, 1997. No. 33478-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Water Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Water Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: General Operating Expenses Water Pumping Station and Tanks Water Purification Capital outlay Total Appropriations 623 17,009 40.782 $ 58,414 67.661 $ 126.075 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. 'y F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #60 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33477-070797 amending and reordaining certain sections of the 1997-98 General Fund Appropriations, providing for reappropriation of $3,199,358.00 to the current year budget, in order that certain encumbrances may be properly liquidated. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMCIAAE" City Clerk MFP:sm Attachment pc: W. Robert Herbert, City Manager Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33477-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 General emergency. WHEREAS, Government of the City of Roanoke, Fund Appropriations, and providing for an for the usual daily operation of the Municipal an emergency is declared to exist. Roanoke THEREFORE, BE IT ORDAINED by the Council of the city of that certain sections of the 1997-98 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: City Council City Clerk City Manager Management and Budget Personnel Management Occupational Health Clinic Economic Development/Grants Grants Compliance city Attorney Director of Finance Billinge and Collections Municipal Auditing City Treasurer Commissioner of the Revenue Real Estate Valuation Sheriff Jail Commonwealth's Attorney Cost Collections Unit Clerk of Circuit Court Director of Public Safety 4,451 265 46 9,717 30,599 4,485 24,163 315 1,168 22,193 22,873 38,410 40,361 3,260 15,075 1,959 225,963 12,245 942 89,174 99 Police - Administration Police - Investigation Police - Patrol Police - Services Police - Training Police - Animal Control Fire - Support Fire - Operations Emergency Medical Services Emergency Services Communications Director of Public Works Building Inspections Streets and Traffic Paving Program Snow Removal Street Lighting Traffic Engineering Solid Waste Management - Refuse Solid Waste Management - Recycling Custodial Services Engineering Building Maintenance Parks and Grounds Maintenance Recreation City Market Community Planning Director of Human Development Juvenile Detention Home Outreach Detention Youth Haven I Crisis Intervention Health Department Social Services - Administration Income Maintenance Social Services - Services Employment Servicem Libraries Youth and Family Services - Community Education Supply Management Director o~ Utilities and Operatione General District Court Magistrate'e Office Circuit Court Juvenile and Domestic Relations Court Services Total Appropriations $ 2,565 30,791 143,269 9,565 9,458 1.767 821 77,022 9.467 $ 3,731 2,036 1,233 103 197,415 87,310 9,083 132,176 325 121,659 64,567 361,455 82,180 19,653 76,458 643,166 10,476 2,438 56,763 236,628 227,876 71,861 176 41,730 5,173 101,382 2,030 5,605 2,699 7,426 7,103 59,198 9O 3,577 22 13,549 150 96 100 $ 3.199.358 Reserve for Prior Year Encumbrances 3.199.358 BE IF FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. DEPARTHENT OF FINANCE CITY OF ROANOKE, VA July 7, 1997 FROM: SUBJECT:. Honorable Mayor and Members of City Council James D. Grisso, Director of Finance Reappropriation of Outstanding Encumbrances as of June 30, 1997 At the close of fiscal year 1997, budgeted funds were obligated for outstanding encumbrances. Purchase orders or contracts were issued for the goods and services as of the close of fiscal year 1997, but delivery of the goods or performance of the services has not been completed. Reapproprlatlon of these funds carries forward the unspent budget funds that were originally appropriated and are contractually obligated for the goods and services. The appropriation amounts are as follows: General Fund Open Encumbrances $3,199,358 Water Fund Open Encumbrances 126,075 Sewage Fund Open Encumbrances 605,485 Civic Center Fund Open Encumbrances 76,389 Nursing Home Fund Open Encumbrances 21,803 City Information Systems Fund Open Encumbrances 66,895 Materials Control Fund Open Encumbrances 219 Management Services Fund Open Encumbrances 13,412 utility Linc Services Fund Open Encumbrances 157,366 Fleet btarmgement Fund Open Encumbrances 1,472,636 Risk Management Fund Open Encumbrances 8,803 School Fund Open Encumbrances 1,807,467 I recommend that Council adopt the attached budget ordinances to reappropriate these funds into the current year budget in order that these encumbrances may be properly liquidated. JDG/AHA/bls Attachments Dlrectrof Finance Roanoke, Virginia July 7, 1997 #97-595 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: SUBJECT: Virginia Summer Food Service Program Grant Application to the U.S. Department of Agriculture Background: The U.S. Department of Agriculture (USDA) has solicited applications from municipalities to participate in the 1997 Virginia Summer Food Service Program. The purpose of the pro.qram is to provide nutritionally balanced, healthy meals to children, ages 1 through 18, of Iow-income families at designated sites within the City during the summer months of 1997. Cost reimbursements are made to program sponsors (City of Roanoke), by the U.S. Department of Agriculture, at a rate of $2.02 per meal consumed by a participating eligible youth. $15,245.00 has been allocated by City Council in the 1997-98 budget to the Director of Human Development to support the staffing and administration of this program. The Virqinia Summer Food Service Program is similar in concept to the National School Lunch Program and the participants' eligibility is comparable to that used to determine eligibility for free, or reduced price meals during the school year. Roanoke operated this program in 1993, 1994, 1995 and 1996 serving approximately 1,300 eligible youth daily at thirteen feeding locations in the City. Approximately 35,000 meals were consumed during each summer. SFSP Grant Application Report #97-595 Page 2 II. The need for this program and potential operational plans were originally explored and developed by a task force of the City Manager's Human Development Steering Committee. Agencies represented included the Department of Social Services, the Fifth District Employment and Training Consortium (FDETC), with the assistance of City Parks and Recreation, Roanoke Redevelopment and Housing Authority, and Total Action Against Poverty. The U.S. Department of Agriculture is supportive of efforts by the City of Roanoke to continue this program and has expressed its interest in providing whatever assistance necessary to accomplish the program's objectives. Present Situation A .qrant application for the Vir.q n a Summer Food Service Pro.qram has been prepared by the Office on Youth on behalf of the City of Roanoke for consideration by the U.S. Department of Agriculture for funding this summer, for the period June 16, 1997 through August 8, 1997. Approximately 800 daily meals (lunches) are proposed for youths participating at these sites: Apple Ridge Farms, Cooper Hill (off-site center) Blue Stone Housing Project Eureka Park Recreation Center Fallon Park Hunt Manor Housing Project Hurt Park Housing School Indian Rock Village Housing Project Jamestown Place Housing Project Landsdowne Housing Project Lincoln Terrace Housing Project Jackson Park Recreation Center Rutherford Head Start Center Strauss Park Salvation Army Noel C. Taylor Academy SFSP Grant Application Report #97-595 Page 3 It is estimated that 46,905 meals will be served through this project. The fifteen (15) proposed locations reflect both the success of last year's program and the broad need existing for such a program for youth in the City. The Directorate of Human Development is proposed to administer the project in conjunction with the Office on Youth and in collaboration with departments/agencies such as Parks and Recreation, Roanoke City Schools and with agencies such as the Court Service Unit (CSU), Roanoke Redevelopment and Housing Authority (RRHA), and Total Action Against Poverty. The department/agencies will provide the following: Office on Youth -- Monitoring, Administration, and Daily Project Manager - Cost to the City is $15,245.00 anticipated & appropriated in the 1997-98 Human Development budget Parks & Recreation -- Provision of Four sites within the parks plus additional staff - no cost to the city City Schools -- Will prepare and deliver approximately 27,000 meals to fifteen (15) sites at a cost of $2.75 per lunch, with $2.02 to be reimbursed by the Department of agriculture per grant award and the cost to city has already been included. RRHA -- Provision of site facilities at seven housing project sites - $75.00 per site for cleaning and lock replacement only if facility is left in unsatisfactory condition. TAP -- Head Start (Rutherford Center) site facility - no cost to the city. There are approximately 800 meals proposed to be provided on each of the thirty-nine (39) meal service days, between June 16, 1997 and August 8, 1997 (Monday through Friday). SFSP Grant Application Report//97-595 Page 4 All costs reimbursable by the U.S. Department of Agriculture are based upon the number of meals consumed by eligible youth participants. Cost proiections from USDA fundinq total ~66,000. The cost to the city is $15,245.00. III. Issues: A. Cost to the City B. Need for Food Service in the Community C. Effective and Efficient Delivery of Services IV. Alternatives: A. Endorse the application submitted, and Accept the subsequent grant award and authorize the City Manager to execute all documents necessary to accept the grant from the U.S. Department of Agriculture in the amount not to exceed $66,000. Authorize the Director of Human Development or his/her desiqnee to neqotiate and execute appropriate interagency agreement to facilitate the success of the project; Appropriate $66,000.00 in federal grant funds and transfer $15,245.00 from the General Fund accounts to Grant Fund accounts to be established by the Director of Finance, for the Virginia Summer Food Service Program. Cost to the City - $15,245.00 has been appropriated by City Council in the 1997-98 budget to the Director of Human Development (001-054-1270-2010) to support the additional staffing and administration of this program. There will be no additional cost to the City, since remaining expenses are reimbursable through the USDA or volunteers budgeted through Office on Youth internship program funds. SFSP Grant Application Report//97-595 Page 5 Need for Food Services in the community - Need is wide-spread and the project will accommodate targeted efforts to provide nutritionally balanced meals to approximately 800 youths, daily. Effective and Efficient Delivery of Services - Potential interagency services would not be utilized to address needs without U. S. Department of Agriculture resources. B. Do not endorse the grant application; and Do not accept grant award from the U.S. Department of Agriculture or authorize execution with necessary agreements with RRHA, TAP, and Roanoke City Schools. Cost to the City - No direct cost impact to the City. Need for Food Services in the Community - Need will continue without program of intervention for 694 youths. Effective and Efficient Delivery of Services - Potential interagency services would not be utilized to address needs without U.S. Department of Agriculture resources. V. Recommendations: Approve Alternative A: A. Endorse the application submitted, and Accept the subsequent qrant award and authorize the City Manager to execute all documents necessary to accept the grant from the U. S. Department of Agriculture in the amount not to exceed $66,000. Authorize the Director of Human Development to ne.qot ate and execute a contract for food service with Roanoke City Schools as well as appropriate interdepartment agreements with Parks & Recreation, and agency agreements with RRHA and TAP; all SFSP Grant Application Report #97-595 Page 6 agreements and contracts to be in a form approved by City Attorney; and Appropriate $66,000.00 in federal funds and transfer $15,245.00 from general fund account 001-054-1270-2010 to the following accounts to be established in the Grant Fund by the Director of Finance: Respectfully submitted, W. Robert Herbert City Manager WRH/MVH/wb Attachment C~ Director of Finance City Attorney Director of Human Development Youth Planner WILBURN C. DIBLING, JR. ClffY ATTORNEY CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A'ITORNE YS July 7, 1997 The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Report of Modified Election District Task ForCe Dear Mayor Bowers and Members of Council: The Modified Election District Task Force made its fmal report to City Council on Monday, June 16, 1997. At that time, this matter was referred to me for the purpose of establishing a public hearing to be held at the Civic Center. This report provides background information for Council and recommends a public hearing on July 28, 1997, to be advertised on July 18, and two City Council work sessions, one before and one after the public hearing. As I have previously advised Council, unless the terms of some members of Council are cut short, new election procedures, if approved by the electorate, would first be applicable to the election to be held on the first Tuesday in May, 2000. The Task Force has recommended that in May, 2000, the Mayor be elected at large and three Council members be elected from districts. The Task Force has further recommended that on the first Tuesday in May, 2002, the Vice-Mayor be elected at large and the other two Council members be elected from districts. Implementation of the foregoing timetable can be accomplished by holding a referendum in either November, 1997, or May, 1998. Although Council has not acted on this issue, I am attaching a proposed chronology that assumes a November, 1997, referendum. If a referendum is to be held in November, there is much work to be done by City Council and myself in a very short period of time. In my report to City Council, dated August 8, 1994, I advised you that, since Virginia observes the Dillon Rule, local government referenda are not permitted unless expressly authorized by the General Assembly. The State Code, however, authorizes two alternative The Honorable Mayor and Members of City Council July 7, 1997 methods of mending a city charter. The first procedure, requiring the conduct of a public hearing after advertisement of the text of the proposed charter amendment, is the one that City Council commonly follows. The second procedure, which has not recently been utilized in this City, permits the holding of a referendum with respect to a proposed charter amendment. Specifically, § 15.1-834 of the State Code permits a municipality to hold an election to determine if the qualified voters desire that the city council request a specific amendment to the city charter from the General Assembly. Thus, when a referendum is held, the electorate votes to approve or reject a specific amendment to the city charter. What this means is that (1) the specific charter amendment language, including all the details of the modified election district plan agreed to by City Council, and (2) the specific language of the question to be placed on the ballot must be agreed to so that a Writ of Election can be obtained from the Circuit Court sixty days in advance of the date of the referendum. Some of the details have been addressed by the Task Force; for example, the Task Force has recommended that the Mayor and Vice-Mayor be elected at large and that the City Council consist of seven members of which five should be elected from districts. The Task Force, however, did not address all the details. Some of the questions left to be resolved by Council are as follows: What objective guidelines will City Council adhere to in completing and approving the modified election district plan? Which districts will elect Council members in May, 2000 and which districts in, May, 2002? How will the Vice-Mayor be elected for the period of July 1, 2000 to July I, 2002? Is there a need for adjustment of the proposed district boundary lines? Does the language of the proposed Charter amendment accurately describe City Council's agreed upon plan? Does the language to be placed on the referendum ballot accurately and fairly set out the question to be considered by the electorate? The Honorable Mayor and Members of City Council July 7, 1997 3 In order to allow Council the oppommity to adequately consider and resolve these and other issues, I am proposing two City Council work sessions. One would be held before the public hearing and the second aiter the public hearing. The work session prior to the public heating will prepare Council to better understand issues that may be raised by citizens at the public hearing. The work session after the public hearing will afford City Council the opportunity to consider any issues raised by citizens at the public hearing. The proposed dates and times on the attached chronology have been established with the assistance of Mary F. Parker, City Clerk, who has taken a poll of Council members. Please note that a date and a time for a third Council work session have been set aside in case a third session is needed. City Council will need to approve the proposed schedule for work sessions and public hearing by motion. Although Council will have some latitude in modifying the proposed dates for the work sessions and public hearing, I cannot emphasize too strongly that Council has many important issues, some of which are keenly political, to resolve in a very short time if a referendum is to be held in November. I shall be pleased to respond to any questions members of Council may have with respect to the matters discussed in this report. I look forward to working with you in resolving these important public policy issues. With kindest personal regards, I am Sincerely yours, Wilbum C. DibFmg, Jr. City Attorney WCD:f Enclosures W. Robert Herbert, City Manager Mary F. Parker, City Clerk CHRONOLOGYPARTI. REFERENDUM ON MODIFIED ELECTION DISTRICT SYSTEM 07/15/97 8:30 a.m. 07/18/97 07/28/97 7:00 p.m. 07/29/97 2:00 p.m. 08/12/97 2:00 p.m. 08/18/97 08/19/97 09/06/97 10/24/97 11/04/97 City Council holds first work session to consider modified election district system recommended by Citizen's Task Force. Publish Notice of Public Hearing in ~ and Roanoke Tribune. City Council holds public hearing on election district plan recommended by Citizen's Task Force. Second City Council work session. Reserved for third City Council work session if needed. City Council adopts resolution approving language of proposed Charter amendment and question to be placed on ballot and directing City Attorney to take action necessary to cause a referendum to be held. File petition requesting entry of Writ of Election by Circuit Court. Writ of Election entered by Circuit Court must be filed with State Board of Elections 60 days prior to date of referendum.* §24.2-682. See §24.2-684 as to form of ballot. Text of or an informative summary of proposed Charter amendment must be published at least 10 days prior to referendum. § 15.1-384 (§ 15.2-201 after 10/01/97). Referendum as to proposed Charter amendment. City Attorney will seek Department of Justice preclearance of date and procedures relating to referendum under the Voting Rights Act (not preclearance of plan; this comes only after General Assembly approval). WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 544)-853-1221 E-MAIL:cityatty@ci.roanoke.va.us July 7, 1997 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A~TORNEYS The Honorable Mayor and Members of City Council Roanoke, Virginia Re:: Legal actions required for conduct of November 4. 1997. Bond Referendum Dear Mayor Bowers and Council Members: At the City Council Capital Improvement Program Workshop on June 26, 1997, I advised City Council as to a schedule of legal actions required for conduct of a bond referendum on November 4, 1997. The timetable I suggested on June 26 was intended to give City Council the maximum amount of time to make its decisions with respect to the Capital Improvement Program and bond issue and still meet legal deadlines. Given that City Council completed its deliberations with respect to the Capital Improvement Program on June 26, I now want to provide you with an updated schedule which is attached. This report also provides some basic background information with respect to the legal actions required to make the November 4, 1997, bond referendum possible. Prior to the adoption of any ordinance authorizing the issuance of bonds, City Council is required to hold a public hearing. See § 15.1-227.8, Code of Virginia (1950), as amended. The required public hearing must be advertised once a week for two consecutive weeks prior to the date of the hearing. After the public heating on July 21, 1997, City Council will need to adopt two ordinances. The first ordinance will authorize the issuance of bonds, and the second ordinance will direct and provide for a bond referendum. The latter ordinance will set out the question to be placed on the bond referendum ballot. Each of these ordinances is currently on file in the Office of City Clerk for review by the public as required by State law. Immediately after Council's adoption of the two bond ordinances on July 21, 1997, I will file a petition with the Circuit Court requesting the entt~ of a Writ of Election ordering the bond referendum on November 4, 1997. The Writ of Election must be entered by the The Honorable Mayor and Members of City Council July 7, 1997 P~e2 Circuit Court and filed with the State Board of Elections at least sixty days prior to Election Day. See §24.2-682. At least ten days prior to the election, the General Registrar will cause a notice of election with respect to the bond referendum to be published in a newspaper of general circulation. See § 15.1-227.12. I also call to your attention that a bond referendum cannot be held without approval of the United States Depaxhaent of Justice under the Voting Rights Act. As in the case of any election, the Depadment will review the date of the election, election procedures, etc., to determine whether there is any abridgement of minority voting rights. I will submit a request for expedited consideration to the Department immediately after the Circuit Court has entered the Writ of Election requiring the referendum. I hope the information contained in this report and the attached schedule of legal actions will be useful to you and answer any questions you have with respect to the time schedule for the November 4, 1997, referendum. Please advise me if you have any additional questions with respect to this matter. With kindest personal regards, I am Sincerely yours, Wilbum C. Dibling, Jr. City Attorney WCD:f Attachment cc: W. Robert Herbert, City Manager James D. Grisso, Director of Finance Mary F. Parker, City Clerk Louella C. Thaxton, General Registrar SCHEDULE OF LEGAL ACTIONS REQUIRED FOR BOND REFERENDUM ON NOVEMBER 4, 1997 07/07/97 07/14/97 O7/21/97 07/22/97 09/06/97 10/25/97 11/04/97 Publish first Notice of Public Hearing in newspaper of general circulation, as required by §15.1-227.8, Code of Virginia (1950), as amended. Ordinances to be considered by City Council on July 21, 1997, must be filed in Clerk's Office for review by public. Publish second Notice of Public Hearing required by § 15.1-227.8. Council holds required public hearing and adopts ordinance authorizing bond issue and ordinance directing and providing for a bond referendum. Present petition requesting Writ of Election to Circuit Court. Writ of election entered by Circuit Court must be filed with State Board of Elections at least 60 days prior to election day. §24.2-682. See §24.2-684 as to form of ballot. * Publish notice of election at least 10 days before election. § 15.1-227.12 Election Day * Referendum must also be approved by the Depasiment of Justice under the Voting Rights Act. A minimum of 60 days is required for approval, but we cannot submit until order is entered. Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #27-28-166-468 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33490-070797 providing for acquisition of certain property rights across a vacant lot identified as Official Tax No. 5060725, in connection with the Westchester Sanitary Sewer Project, in the amount of $12,000.00, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment W. Robert Herbert City Manager July 11, 1997 Page 2 pc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Samuel Hayes, III, Manager, Utility Line Services Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33490-070797. AN ORDINANCE providing for the acquisition of certain property rights across a vacant lot identified by Roanoke City Tax Map No. 5060725, in connection with the Westchester Sanitary Sewer Project, upon certain terms and conditions; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the Westchester Sanitary Sewer Project, the City wants and needs a 15' wide sanitary sewer easement across a vacant lot identified by Roanoke City Tax Map No. 5060725. The owner has agreed to convey the necessary easement for the consideration of (a) $12,000.00 and (b) a public water service connection and meter at 4015 Mudlick Road, S.W. The proper City officials are authorized to acquire for the City from the owner the aforesaid property rights. 2. Upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the $12,000.00 consideration to the owner, certified by the City Attorney to be entitled to the same. 3. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. July 7, 1997 Report No. 97-337 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Property Rights Acquisition for Westchester Sanitary Sewer Tax No. 5060725 The attached staff report was considered by the Water Resources Conunittee at its regular meeting on June 16, 1997. The Committee recommends that Council authorize the acquisition of a 15' sanitary sewer easement necessary for the Westchester sanitary sewer across Tax Map No. 5060725, in a form approved by the City Attorney, in accordance with conditions stated in the attached report. Respectfully submitted, James O. Trout, Vice Chairperson Water Resources Committee JOT:KBK:afm Attachment CC~ Wilburn C. Dibling, Jr., City Attorney James D. CJrisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Sam Hayes, III, Manager, Utility Line Services Delores D. Daniels, Assistant City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator Report No. 97-337 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: SUBJECT: II. June 16, 1997 Members,Water Resources Committee · m~ser, D~re~t~tili_~bes and Operations thru W. Robert Herbel=t,)~Manager PROPERTY RIGHTS ACQUISITION FOR WESTCHESTER SANITARY SEWER Tax No. 5060725 ~ in chronological order is as follows: A. Westchester Sanitary Sewer was constructed by a developer in the late 1940's. B. An easement was provided for the sewer; however, the developer mistakenly constructed the sewer outside the dedicated easement. C. Westchester area was in Roanoke County at that time. This area was annexed by the City in 1976. Neaotiations with current orooertv owner to acquire the easement have been completed. Current Situation is as follows: Property owner has aareed to sell a 15' sanitary sewer easement for the amount of $12,000.00, plus a public water service connection and meter at 4015 Mudlick Road, S.W. (See attached Agreement and plat). B. Authorization is needed to move forward with preparation of legal documents and closing for acquisition of the easement. Members, Water Resources Committee WESTCHESTER SANITARY SEWER June 16, 1997 Page 2 II1. Issues in order of importance are: A. Need B. Timing C. Fundino IV. Alternatives in order of feasibility are: Water Resources Committee recommends that City Council authorize the acquisition of a 15' sanitary sewer easement necessary for the Westchester Sanitary Sewer across Tax Map No. 5060725, in a form approved by the City Attorney. Need for easement to allow sanitary sewer line to remain in current location is met. 2. Timino to acquire easement while current owner is willing to sell is met. Funding totaling $12,000.00 is available in the Sewer Lateral Maintenance Unidentified Construction Account 003-056-3170- 9085 and is adequate to cover the acquisition of the easement required. Water Resources Committee does not recommend that City Council authorize the acquisition of a 15' sanitary sewer easement necessary for the Westchester Sanitary Sewer across Tax Map No. 5060725, in a form approved by the City Attorney. 1. Need for easement would continue until acquired at a later date, or sanitary sewer line is relocated. 2. Timing to acquire easement while current owner is willing to sell is not met. 3. Fundino would not be expended at this time. Members, Water Resources Committee WESTCHESTER SANITARY SEWER June 16, 1997 Page 3 Water Resources Committee recommends that City Council authorize the acquisition of a 15' sanitary sewer easement necessary for the Westchester Sanitary Sewer across Tax Map No. 5060725, in a form approved by the City Attorney, in accordance with Alternative "A". WRH/KBK/SEF/ Attachments cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Manager, Utility Lines Department Assistant to City Manager for Community Relations Engineering Coordinator City Engineer Budget Administrator For the payment good and valuable AGREEMENT TO SELL EASEMEN~ of the sum of ONE DOLLAR ($1.00) and other consideration, the receipt of which is acknowledged, DAVID M. MEREDITH and MARTHA W. MEREDITH, husband and wife, ("Landowner") do hereby agree to grant to the CITY OF ROANOKE ("City"), a permanent fifteen ft. sanitary sewer easement containing 3,434 Sq. Ft. ("Easement") for the purpose of constructing, installing, and thereafter maintaining, .operating, and, if necessary, replacing a public sewer line(s) with all necessary appurtenances thereto, in, over, through and across the property of Landowner, identified by Roanoke City Tax Map No. 5060725. The Easement is situated in the City of Roanoke, Virginia, and is more particularly shown on Plan No. 6346, entitled "Plat Showing A 15' Sanitary Sewer Easement Across Lot 40 Block 7 Section 1 Westchester", prepared by the Office of the City Engineer, and dated March 14, 1997. A copy of said plan is attached hereto and incorporated by reference herein. The City and Landowner agree as follows: 1. The purchase price of the Easement shall be Twelve Thousand Dollars ($12,000.00), which shall be paid at settlement, plus a public water service connection and meter at 4015 Mudlick Road, S.W. The cost of connecting the residence to the meter shall AgrSell-h&w. Rev: 7-22-96 be or before September 15, for the Avenue, is the Landowner's responsibility. Settlement shall take place on 1997, at the Office of the City Attorney City of Roanoke, Room 464 Municipal Building, 215 Church S.W., Roanoke, Virginia 24011, or at such other location as mutually agreed upon by the parties. 2. The Landowner, by execution of this agreement, acknowledges that the plans fo~ the Project as the plans affect the Landowner's property have been fully explained to the Landowner or the Landowner's authorized representative. The Landowner further acknowledges that there have been no other promises, consideration or representations made or offered which are not set forth in this agreement. The consideration set forth in paragraph No. 1 represents the value of the Easement, right of ingress and egress, and the damages, if any, to remaining property of the Landowner which may result by the reason of the use to which the City will put the Easement to be conveyed. The Landowner agrees that it is only entitled to its legally apportioned share of such total consideration for its interest and rights in the property across which this Easement is being granted. Upon execution of this agreement, and until the Project is completed, the Landowner grants to the City, its employees, agents, contractors, subcontractors, AgrSell-h&w. Rev: 7-22-96 2 licensees, and agents, the right to use the Easement and the right of ingress and egress, in, to and on the Landowner's property for the purpose of proceeding with this Project. 3. Landowner warrants and represents that it has the authority to grant this option and that it now holds fee simple title to the property across which the Easement runs. 4. Landowner shall convey the Easement to the City by deed with general warranty and modern English covenants, with good and marketable title, free and clear of all other liens, encumbrances, easements and restrictions. The deed conveying the Easement shall be prepared by the City at its expense. Upon recordation of the deed, the City will pay the share of the consideration. Landowner its legally proportionate 5. In the event Landowner is unable to convey a valid Easement to the City as herein provided, the City may elect to institute condemnation proceedings for the purpose of acquiring such interest in the land. In the event such condemnation proceedings-are instituted, it is agreed by the Landowner that this agreement may be introduced in such proceedings as evidence of the value of the Easement, the right 'of ingress and egress, and damages, if any, to the remaining property of the Landowner. AgrSell-h&w. Rev: 7-22-96 3 6. Ail unpaid assessments, including taxes, concerning the property across which the Easement runs shall be paid by the Landowner. 7. The terms of this agreement shall survive the closing and delivery of the deed. This agreement shall terminate upon completion of the Project and receipt by the Landowner of all consideration due it pursuant to this 8. This agreement shall successors, assigns, executors, Landowner and the City for its full agreement. be binding upon the heirs, and/or administrators of the and faithful performance. IN WITNESS whereof, Landowner and City have executed this agreement this ~ ~ ~day of -~-~-~W,~ , 19 ?/. (SEAL) DAVID M. M~I~DITH MARTHA W. MEREDITH (SEAL) AgrSell-h&w. Rev: 7-22-96 4 C©MMONWEALTH OF VIRGINIA § CITY/CO~TY OF § The ~oregoing instrument was acknowledged before me this~3L-~ day of ~o-~=6.. , 19 q~, by David M. Meredith and Martha W. Meredith, husband and wife. My Commission expires: SEAL ] Not a~ry Public ATTEST: CITY OF ROANOKE, VIRGINIA Mary F. Parker, City Clerk By W. Robert Herbert, City Manager COMMONWEALTH OF VIRGINIA § CITY OF ROANOKE § The foregoing instrument was acknowledged before me this day of , 19 , by W. Robert Herbert, City Manager, and on behalf of the City of Roanoke. My Commission expires: [SEAL] Notary Public for AgrSell-h&w. Rev: 7-22-96 5 Appropriation and Funds Required for this Agreemen~ Certified Director of Finance Date Account No: Approved as to Form: Assistant City Attorney Approved as to Execution: Assistant City Attorney AgrSell-h&w. Rev: 7-22-9~ 6 LOT .39 LOT 8 LOT 6 THE PROPERTY SHOWN ON THIS PLAT IS NOW OWNED BY DAVID M. AND MAR"fHA W. MEREDITH AND IS RECORDED iN DEEDBOOK 1729 PAGE 185..3. THE SUBJECT PROPERTY IS IDENTIFIED AS PARCEL 5060725 ON THE CITY OF ROANOKE ASSESSMENT MAPS. THIS PLAT WAS COMPILED FROM EXISiTING RECORDS. PLAT SHOWING A 15' SANITARY SEWER EASEMENT ACROSS LOT 4.0 BLOCK 7 SECTION 1 WESTCHESTER CITY OF ROANOKE, VIRGINIA SCALE: 1"=40' DATE: MARCH 14., 1997 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #27-65-223-322 Jeanne Sanborn, Agent Real Estate and Contract Services Norfolk Southern Corporation 110 Franklin Road, S. E. Roanoke, Virginia 24042-0059 Dear Ms. Sanborn: I am enclosing copy of Ordinance No. 33491-070797 approving and authorizing execution of an agreement with the Norfolk and Western Railway Company to allow installation of a sanitary sewer line across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Project, upon certain terms and conditions. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Jeanne Sanborn, Agent Real Estate and Contract Services Norfolk Southern Corporation July 11, 1997 Page 2 pc: W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Sarah E. Fitton, Engineering Coordinator Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33491-070797. AN ORDINANCE approving and authorizing execution of an agreement with the Norfolk and Western Railway Company to allow installation of a sanitary sewer line across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager or Assistant City Manager and City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, in form approved by the City Attorney, an agreement with the Norfolk and Western Railway Company for installation of a sanitary sewer line across property owned by the railroad in connection with the Roanoke River Interceptor Sewer Project, upon the terms and conditions contained in the report to this Council dated July 7, 1997. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. July 7, 1997 Report No. 97-338 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Railway License Agreements for Roanoke River Interceptor Sewer Replacement Project The attached staff report was considered by the Water Resources Committee at its regular meeting on June 16, 1997. The Committee recommends that Council authorize the City Manager to execute the appropriate agreements with Norfolk and Western Railway, in a form approved by the City Attorney, to construct, remove, replace, and maintain the sanitary sewer pipeline located on railroad property and to indemnify the railroad of liability related to and maintenance, in accordance with conditions such construction, removal, replacement, stated in the attached report. JOT:KBK:afm Attachment Respectfully submitted, James O. Trout, Vice Chairperson Water Resources Committee Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities & Operations Charles M. Huffine, City Engineer Delores D. Daniels, Assistant City Manager for Community Relations Sarah E. Fitton, Engineering Coordinator Diane S. Akers, Budget Administrator ReFort No. 97-338 CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION DATE: TO: FROM: THRU: SUBJECT: June 16, 1997 Members, ~/ater Resources Committee '~t B. Kiser, Direc~ities and Operations W. Robert Herbe~anager RAILWAY LICENSE AGREEMENTS FOR ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT PROJECT Background on the subject in chronological order is as follows: Ao Roanoke River Interceotor Sewer Reelacement Proiect consists of replacing the existing sewer line with a larger sewer line from the Water Pollution Control Plant to the western city limits. II. Current situation is as follows: Pro!ect will follow Norfolk and Western Railway property on the opposite side of the Roanoke River from the Water Pollution Control Plant. Agreements are reouired with Norfolk and Western Railway to allow the City to construct, remove, replace, and maintain the sanitary sewer pipeline across property owned by the railroad. In order to allow the City to do this work, the railroad requires the City to agree to broad indemnification of the railroad, including environmental matters. III. Issues in order of importance are as follows: A. Indemnification B. Cost C. Funding Members, Water Resources Committee RAILWAY LICENSE AGREEMENTS FOR ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT PROJECT June 16, 1997 Page 2 D. Pro!ect schedule IV. ~ in order of feasibility are as follows: Water Resources Committee recommends that City Council authorize the City Manager to execute the aDoroariate agreements with Norfolk and Western Railway, in a form approved by the City Attorney, to construct, remove, replace, and maintain the sanitary sewer pipeline located on railroad property and to indemnify the railroad of liability related to such construction, removal, replacement, and maintenance. Indemnification extends to release of any hazardous substance already on Railway property. There is also a provision that either party may terminate the agreement on sixty days written notice to the other party. Indemnification by the City to the railroad is required by the Agreement. The Contractor constructing the sewer will be required to provide adequate insurance naming the City of Roanoke as an additional insured. Cost of the agreement with Norfolk and Western Railway is a one- time fee of $2,100.00, plus $350.00 for Railroad Protective Liability Insurance. Funding is available in the Roanoke River Interceptor Sewer account number 003-056-8476-9050. Proiect schedule requires that the Agreement be executed as quickly as possible. Water Resources Committee does not recommend that City Council {luthorize the City Mana(3er to execute the aoorooriate agreements with Norfolk and Western Railway. Indemnification will still be an issue with Norfolk-Southern at a later date. 2. Cost to the City would be subject to future negotiation. Members, Water Resources Committee RAILWAY LICENSE AGREEMENTS FOR ROANOKE RIVER INTERCEPTOR SEWER REPLACEMENT PROJECT June 16, 1997 Page 3 Fundina would remain in the Roanoke River Interceptor Sewer account number 003-056-8476-9050. 4. Pro!ect schedule will be delayed. Water Resources Committee recommends that City Council concur in Alternative "A" and authorize the City Manager to execute the necessary agreement with Norfolk and Western Railway Company in a form acceptable to the City Attorney. WRH/KBK/SEF/ cc: City Attorney Director of Finance Director of Public Works Director of Utilities and Operations Assistant to City Manager for Community Relations City Engineer Engineering Coordinator Budget Administrator THIS AGREEMENT, made and entered into by and between NORFOLK AND WESTERN RAILWAY COMPANY, a Virginia corporation, hereinafter styled "Railway"; and CITY OF ROANOKE, a Virginia government entity, hereinafter styled "Licensee": WHEREAS, Licensee proposes to install, maintain, operate and remove a 66-inch sewer pipeline in a 108-inch steel tunnel liner, under and across the right of way or property and any tracks of Railway, at Station 70+40 plus or minus on Belt Line at or near ROANOKE, Roanoke Connty, Virginia, to be located with any ancillary appurtenances as shown on print of Drawing marked Exhibit A, dated March 24, 1997, attached hereto and made a part hereof(hereinafter called "Facilities"); NOW, THEREFORE, for and in consideration of the one-time payment of a non-refundable fee of TWO THOUSAND ONE HUNDRED AND NO/DOLLARS ($2,100.00) and of the covenants hereinafter made, Railway hereby permits and grants Licensee, insofar as Railway has the right to do, without warranty and subject to all encumbrances, covenants and easements to which Railway's title may be subject, the right to use and to occupy so much of Railway's property as may be necessary for the Facilities, upon the following terms and conditions: 1. Licensee will construct and maintain the Facilities, at its expense, in such a manner as will not interfere with the operations of Railway or endanger persons or property of Railway, and in accordance with (a) plans and specifications (if any) shown on said print(s) and any other specifications prescribed by Railway, (b) applicable governmental regulations or laws, and (c) applicable specifications adopted by the American Railway Engineering Association when not in conflict with plans, specifications or regulations mentioned in (a) and (b) above. 2. Licensee hereby agrees to indemnify and save harmless Railway, its officers, agents and employees, from and against any and all liability, claims, losses, damages, expenses (including attorney's fees) or costs for personal injuries (including death) and/or property damage to whomsoever or whatsoever occurring which arises in any manner from the installation, maintenance, operation, presence or removal or the failure to properly install, maintain, operate or remove the Facilities, unless such losses, damages or injuries shall be caused solely by the negligence of Railway. 3. Licensee assumes all responsibility for any environmental obligations imposed under applicable laws, regulations or ordinances relating to the installation of the Facilities and/or to any contamination of any property, water, air or groundwater arising or resulting from Licensee's permitted operations or uses of Railway's property pursuant to this Ag~ement. In addition, Licensee shall obtain any necessary permits to install the Facilities. Licensee agrees to indemnify and hold harmless Railway from and against any and all liability, fines, penalties, claims, demands, costs (including attorneys' fees), losses or lawsuits brought by any person, company or governmental entity relating to contamination of any property, water, air or groundwater due to the use or presence of the Facilities. It is agreed that this indemnity provision extends to any cleanup costs related to Licensee's activities upon Railway's property and to any costs related to cleanup oftbe Facilities or to other property caused by the use of the Facilities. 4. (a) Prior to commencement of installation or maintenance of the Facilities or entry on Railway's property, Licensee or its contractor shall procure and maintain during the course of said installation or maintenance, a policy of general liability insurance, containing products and completed operations and contractual liability coverage, with a combined single limit of not less than $1,000,000 for each occurrence. Licensee or its contractor also shall procure and maintain during the course of said installation, maintenance or entry on Railway's property a Railroad Protective Liability Insurance Policy with Railway as the named insured and having a combined single limit of $2,000,000, each occurrence, and $6,000,000 in the aggregate. The insurance required herein shall be of such form and content as may be acceptable to Railway. Evidence of such insurance (a certificate of insurance for the general liability insurance policy and the original policy of Railroad Protective Liability Insurance) must be furnished to and approved by Railway's Risk Manager, Norfolk Southern Corporation, Three Commercial Place, Norfolk, Virginia 23510-2191, prior to commencement of installation or maintenance of the Facilities or entry on Railway's property. (b) The insurance required herein shall not limit the liability assumed by the Licensee under this Agreement. (c) In lieu of the insurance requirements above, Licensee may provide to Railway a certificate of self-insurance in such amounts and in such form as are satisfactory to Railway. 5. The details of the Facilities to be installed and maintained shall be at the option of Licensee, and subject to the approval of the chief engineering officer of Railway. In case of failure of Licensee to do the work as herein specified, Railway reserves the right to remove the Facilities from Railway's premises at the expense of Licensee, and to terminate this Agreement upon ten (10) days' written notice. 6. If Railway shall make any changes, alterations in or additions to the line, grade, ~racks, structures, roadbed, installations or works of Railway at or near the Facilities, Licensee shall, at its own cost and expense, upon thirty (30) days' notice in writing from Railway, make such changes in the location and character of the Facilities as, in the opinion of the chief engineering officer of Railway, shall be necessary or appropriate to accommodate any construction, improvements, alterations, ehangas or additions of Railway. 7. Licensee will notify Railway prior to the installation and placing in service of cathodic protection in order that tests may be conducted on Railway's signal, communications and other electronic systems for possible interference. If the Facilities cause degradation of the signal, communications or other electronic facilities of Railway, Licensee, at its expense, will relocate the cathodic protection and/or modify the Facilities to the satisfaction of Railway so as to eliminate such degradation. Such modifications may include, without limiting the generality of the foregoing, providing additional shielding, reactances or other corrective measures deemed necessary by Railway. This provision applies to the existing signal, communications and electronic equipment of Railway and to any signal, communications or electronic equipment which Railway may install in the future. 8. If Licensee fails to take any corrective measures requested by Railway in a timely manner or if an emergency situation is presented which, in the Railway's judgment, requires immediate repairs to the facilities, Railway, at Licensee's expense, may undertake such corrective measures or repairs as it deems necessary or desirable. -2- 9. Notwithstanding any other provision of this Agreement, it is understood, agreed and covenanted that Licensee accepts this Agreement as a mere license and assumes all risk of damage to its property by reason of its occupation of the premises herein described caused by any defects therein or business conducted thereon, whether caused by the negligence of Railway, its officers, agents or employees, or otherwise, and Licensee hereby indemnifies Railway, its officers, agents, and employees, from and against any such liability for said damage. 10. Railway shall furnish, at the cost of Licensee, labor and materials to support its tracks and to protect its traffic during the installation, maintenance, repair, renewal or removal of the Facilities. 1 I. It is further agreed between the parties that the premises shall be used by Licensee only for the Facilities and for no other purpose without the written permission of the chief engineering officer of Railway. 12. Licensee shall give Railway seventy-two (72) hours' advance notice (or less in case of emergencies) of any work to be performed on the premises of Railway. Licensee agrees to pay any costs incurred by Railway for the purpose of protection and inspection considered necessary by Railway during installation, maintenance, operation, modification, replacement and/or removal of the Facilities. 13. Licensee shall not assign this Agreement without the written consent of Railway. 14. The word "Railway" as used herein shall include any other company whose property at the aforesaid location may be leased or operated by Railway. Said term also shall include Railway's officers, agents and employees, and any parent company, subsidiary or affiliate of Railway and their officers, agents and employees. 15. This Agreement may be terminated by either party upon sixty (60) days' written notice to the other party. During said sixty day period, Licensee shall remove the Facilities from Railway's premises and restore said premises to a condition satisfactory to Railway's chief angineering officer. If Licensee fails to remove the Facilities within the aforesaid sixty day period, Railway may elect: (a) to become the owner of the Facilities without any claim or consideration whatsoever therefor by or to Licensee, its successors or assigns, or (b) to remove the Facilities and all property of Licensee from the premises of Railway at the expense of Licensee. Licensee agrees to reimburse Railway for any and all costs of such removal. No termination of this Agreement shall affect any liability incur~l by either party hereto prior to the effective date of such termination. -3- 16. This Agreement shall take effect as of the day of ,19.__ 1N WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate, each part being an original, as of the __ day of ,19 Witness: NORFOLK AND WESTERN RAILWAY COMPANY As to Railway By:. Title: Real Estate Manager Witness: CITY OF ROANOKE By:, As toLicensee Tkle:. JlVlV 03/24/97 1011600.wpd plxls.wpd -4- JOHN E. l ELIZRDETH GRRY TRX .4040S03 ~7"~JL'pRVED ORI~ "%'"~CONC CURB & GUT' JEFFERSON. RVE---e SYSTEN 'L 2 ' TRX .eo4n=n! F-' - //'/~'~'--UNPRVED "'" ! /' / DRIVE J ·'"/ PLaN 1'= IO' VERT CORP TRX "1410103 ~66" I.D. CRRR[ER PIPE ;PUR LINES RORNOKE CITY HILLS, [NC TRX .4040301. · 4040303, .404030! t RSTH ets OR C6SS. RRER "'NRNURL FOR RR[LNRY ENgINEERINg". SECTION 4.12.So TABLE Contents ~o oe nanalea outslae awmter Pipe specifications eno Draae Nell thickness Actual IorKIng pressure 162+00 Carrier Casing Pipe Pipe Nunlclpel Nastewater N/R Rporox 79" RpOrOX 109" Concrete Stl Liner PIstes ~- ~ ~auae N/R N/B TMDe o¢ Joint SLeel l/O-rln~ oa~t 4-FI n w/ I Coating N/A N/R 'Netnoo or Installation Tunneling/Jacklrm Vents= NO. Q Size N/R Hgt. aOove grounO Seal= BOth enos, Brick ana mortar Surg= ease or rail to LOp o¢ Ceslng]grtoOIn. guru= (Not Oeneatn tracks) left. o In. Burgs (Roeogag OItcnes) N/A__rt.N/Nn. Cetnoolc protection:NONE LE 163+00 NOTE~ P.E,-SEN.E'D TUNNEL PIT SI.I~INQ ORRNIIC~S KILL TT Y OF CO~ RRCT~IJ~II]TT'8. C0NTRRCTOR INNEOIRTELY lIFTER RNRR NO~FOLK SOUTHERN OPERRT lNG COHPANY RPIIRQX. S,,GSO Ur TO ROANCKE OlVlS:Oli Mary F. Parker, CMCIAAE C~y C~ark CITY OF ROANOKE Office of the City Clerk Sandm H. Eakin Deputy City Clerk July 11, 1997 File #20-30-166-468-514 W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33493-070797 providing for acquisition of certain property rights needed by the City for the intersection widening in connection with installation of a traffic signal at the intersections of (a) Hershberger Road and Westside Boulevard, N. W., and (b) Main Street, Elm Avenue, and Ferdinand Avenue, S. W.; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment W. Robert Herbert City Manager July 11, 1997 Page 2 pc; The Honorable Marsha C. Fielder, Commissioner of the Revenue James D. Grisso, Director of Finance Wilburn C. Dibling, Jr., City Attorney Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Jan H. Bruce, Project Manager William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The-7th day of July, 1997. No. 33493-070797. AN ORDINANCE providing for the acquisition of certain property rights needed by the City for the intersection widening in connection with the installation of a traffic signal at the intersections of (a) Hershberger Road and West~.de Boulevard, N.W., and (b) Main Street, Elm Avenue, and Ferdinand Avenue, S.W.; setting a certain limit on the consideration to be offered by the City; providing for the City's acquisition of such property rights by condemnation, under certain circumstances; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. For the intersection widening in connection with the installation of a traffic signal at the intersections of (a) Hershberger Road and Westside Boulevard, N.W., and (b) Main Street, Elm Avenue, and Ferdinand Avenue, $.W., the City wants and needs certain property rights as set forth in the report and attachments thereto to this Council dated July 7, 1997, on file in the Office of the City Clerk. The proper City officials are authorized to acquire the necessary property rights for the City from the respective owner for such consideration as the City Mahager may deem appropriate, subject to the limitation set out below and subject to applicable statutory guidelines. All requisite documents shall be upon form approved by the City Attorney. 2. A public necessity and use exists for the acquisition of said property rights and immediate acquisition by purchase or condemnation is necessary and expedient. 3. The City Manager is directed to offer on behalf of the City to the owner of the property such consideration as he deems appropriate; provided, however, the total consideration offered or expended shall not exceed $25,000.00 without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is directed to pay the respective consideration to the owner of the interest conveyed, certified by the City Attorney to be entitled to the same. 4. Should the City be unable to agree with the owner of any property rights to be acquired as to the compensation to be paid or other terms of purchase or settlement, or should the owner be a person under disability lacking capacity to convey said property rights or should the whereabouts of the owner be unknown, the City Attorney, is authorized and directed to institute condemnation or legal proceedings to acquire for the City the appropriate property rights. 5. In instituting or conducting any condemnation proceeding, the City Attorney is authorized to make motion on behalf of the City for a right of entry pursuant to S33.1-119 or S25-46.8 of the Code of Virginia (1950), as amended, for the purpose of coml~encing the project. The Director of Finance, upon request of the City Attorney, shall be authorized and directed to draw and pay into Court the appropriate sums in connection with such proceedings. 6. In order to 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. Mary F. Parker, CMCIAAE . C~y Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #20-30-60-166-468-514 James D. Grisso Director of Finance Roanoke, Virginia Dear Mr. Grisso: I am attaching copy of Ordinance No. 33492-070797 amending and reordaining certain sections of the 1997-98 Capital Projects Fund Appropriations, providing for the transfer of $25,000.00 from Public Improvement Bonds 1996 - Streets and Sidewalks to Traffic Signal - Installation of New Signals, in connection with installation of traffic signals at the intersection of Hershberger Road and Westside Boulevard, N. W., and the intersection of Main Street, Elm Avenue and Ferdinand Avenue, S. W. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CM City Clerk MFP:sm Attachment James D. Grisso Director of Finance July 11, 1997 Page 2 pc: The Honorable Marsha C. Fielder, Commissioner of the Revenue W. Robert Herbert, City Manager Kit B. Kiser, Director, Utilities and Operations D. Darwin Roupe, Manager, Supply Management William F. Clark, Director, Public Works Charles M. Huffine, City Engineer Ellen S. Evans, Construction Cost Technician Jan H. Bruce, Project Manager William L. Stuart, Manager, Streets and Traffic Robert K. Bengtson, Traffic Engineer Dolores C. Daniels, Assistant to the City Manager for Community Relations Diane S. Akers, Budget Administrator, Office of Management and Budget IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of July, 1997. No. 33492-070797. AN ORDINANCE to amend and reordain certain sections of the 1997-98 Capital Projects Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1997-98 Capital Projects Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Traffic Engineering Traffic Signal - Installation of New Signals (1) .................... Capital Improvement Reserve Public Improvement Bonds - Series 1996 (2) ..................... 1) Appropriated from Bond Funds (008-052-9561-9001) 2) Streets and Sidewalks (008-052-9701-9191) $ 25,000 (25,000) $14,645,255 357,000 $18,812,236 16,089,678 BE IT FURTHER ORDAINED that, an emergency existing, this Ordinance shall be in effect from its passage. ATTEST: City Clerk. July 7, 1997 Report No. 97-339 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Traffic Signals - Installation of Signals Hershberger Road & Westside Boulevard, N.W. Main Street/Elm Avenue/Ferdinand Avenue, S.W. The attached staff report was considered by the Water Resources Committee at its regular meeting on June 16, 1997. The Committee recommends that Council take the following action in accordance with conditions stated in the attached report: Transfer $25,000 from account number 008-052-9701-9191 (Public Improvement Bonds 1996 - Streets and Sidewalks) into account number 008-052-9561-9001 (Traffic Signal - Installation of New Signals). Give authorization to secure the necessary property rights identified in the attached report by making offers based upon appraisals not to exceed $25,000 and providing for the City Attorney to institute condemnation proceedings if necessary. Respectfully submitted, James O. Trout, Vice Chairperson Water Resources Committee JOT:KBK:afm Attachment cc: Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance Kit B. Kiser, Director of Utilities 8: Operations Charles M. Huffine, City Engineer Delores D. Daniels, Assistant City Manager for Community Relations Robert K. Bengtson, Traffic Engineer Ellen Evans, Construction Cost Technician Diane S. Akers, Budget Administrator D. D. Roupe, Manager, Supply Management Marsha C. Fielder, Commissioner of Revenue CITY OF ROANOKE INTERDEPARTMENTAL COMMUNICATION Report No. 97-339 DATE: TO: FROM: THRU: SUBJECT: June 16, 1997 ~lembers.qWater Resources Committee W. Robert Herb~tyt~inager TRAFFIC SIGNALS - INSTALLATION OF SIGNALS HERSHBERGER ROAD & WESTSlDE BOULEVARD, N,W, MAIN STREET/ELM AVENUE/FERDINAND AVENUE, S,W, Backoround on the subject in chronological order is as follows: The intersection of Hershberoer and Westside Boulevard. N.W.. as well as the intersection at Main Street/Elm Avenue/Ferdinand Avenue are locations justified for signalization in the City of Roanoke. Capital Improvement Prooram (CIP) adooted by Council on Auqust 8, 1994, includes projects for the installation of new traffic sionals at these intersections. Bond referendum approved by voters on November 8, 1994 approved funding for the ClP. II. Current situation is as follows: Traffic sional plans are Dresentlv beino develooed. Upon completion, these plans will enable the City to begin material requisitions for items such as the traffic signal controller and cabinet, as well as galvanized poles with mast arms which usually require five (5) months for fabrication and delivery. Related underground conduit and pole base work, as well as roadway widening for a turn lane on Hershberger Road, will need to be contracted out. Schedule for comoletion of Hershberoer/Westside intersection is th~ end of 1997. while the Main/Elm/Ferdinand intersection would be completed in early 1998. C. Fundino is needed at this time for acquisition of certain property rights. ProDertv riohts will need to be acouired from the following listed tax numbers on agreements based on appraisals: Members, Water Resources Committee TRAFFIC SIGNALS - INSTALLATION OF SIGNALS HERSHBERGER ROAD & WESTSlDE BOULEVARD, N.W. MAIN STREET/ELM AVENUE/FERDINAND AVENUE, S.W. June 16, 1997 Page 2 City of Roanoke R. Kent Wright Mohammad Jan Khan Timothy D. Wright B & D Comics, Inc. Lee Limited, Inc. TAX MAP NUMBER 2670901 6390229 2670208 2670201 1120901 1120902 1120903 FEE SIMPLE OR TEMPORARY EASEMENT Fee Simple Temporary Easement Fee Simple Temporary Easement Temporary Easement Temporary Easement Fee Simple Fee Simple 3,938 sq.ft. 1,673 sq.ft. 589 sq.ft. 918 sq.ft. 943 sq.ft. 1,227 sq.ft. 1,500 sq.ft. 1,690 sq.ft. III. Issues in order of importance are as follows: A. Traffic flow and safety B. Fundino C. Timino IV. Alternatives in order of feasibility are as follows: A. Tr n from account number 008-052-9701-9191 (Public Improvement Bonds 1996 - Streets and Sidewalks) into account number 008- O52-9561-9001 (Traffic Signal - Installation of New Signals) and authorize the necessary acquisition of property rights. 1. Traffic flow and safety will be improved at subject intersections. 2. Fundino will be sufficient to cover all right-of-way. 3. Timino for completion is expected to occur by the end of 1997. B. Do not transfer 925.000 from the 1996 Bond Issue to the project account. 1. Traffic flow and safety would remain as they are today. Members, Water Resources Committee TRAFFIC SIGNALS - INSTALLATION OF SIGNALS HERSHBERGER ROAD & WESTSIDE BOULEVARD, N.W. MAIN STREET/ELM AVENUE/FERDINAND AVENUE, S.W. June 16, 1997 Page 3 Fundino would be insufficient and therefore not allow for acquisition of necessary property rights. Timina for completion would be unknown. Recommendation is as follows: Committee recommends that City Council concur in Alternative "A" and take the following action: Tr from account number 008-052-9701-9191 (Public Improvement Bonds 1996 - Streets and Sidewalks) into account number 008- 052-9561-9001 (Traffic Signal - Installation of New Signals). Give authorization to secure the necessary Drooertv riohts identified above by making offers based upon appraisals not to exceed $25.000 and providing for the City Attorney to institute condemnation proceedings if necessary. KBK/JMB/kh C: City Attorney City Clerk Director of Finance Director of Public Works Assistant to City Manager for Community Relations City Engineer Traffic Engineer Construction Cost Technician Budget Administrator Manager, Office of Supply Management Commissioner of Revenue rtl o rtl W~'$7' 7,G. O ~/ 95.0 o q5. O q~.O 95.0 04/10/97 09:37 ~! 540 345 7691 MATTERN&CRAIG RK ~*~ CITY ENGIN. RgE ~002/002 '% / / MAIN STREET / ELM AVEI~ , MAR TRAFFIC SIGNA 1997 .. CITY OF ROAN 1460 EXHIBIT T-INTERSEC Mary F. Parker, CMCIAAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 10, 1997 File #5-367 James L. Viar, Acting Chief Police Department Roanoke, Virginia Dear Mr. Viar: I am attaching copy of Resolution No. 33495-070797 memorializing the late M. David Hooper. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets at the passing of M. David Hooper, Chief, Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 10, 1997 File #5-367 Ms. Wanda Hooper 1815 Sherwood Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Hooper: I am enclosing copy of Resolution No. 33495-070797 memorializing the late M. David Hooper. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets at the passing of M. David Hooper, Chief, Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, 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 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 10, 1997 File #5-367 Peter D. Hooper, Attorney One Beach Drive, S. E. Suite 210 St. Petersburg, Florida 33701 Dear Mr. Hooper: I am enclosing copy of Resolution No. 33495-070797 memorializing the late M. David Hooper. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets at the passing of M. David Hooper, Chief, Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/A~E 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 10, 1997 File #5-367 Ms. Kathleen A. Hooper c/o Ms. Wanda Hooper 1815Sherwood Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Hooper: I am enclosing copy of Resolution No. 33495-070797 memorializing the late M. David Hooper. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets at the passing of M. David Hooper, Chief, Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 10, 1997 File #5-367 Ms. Rose H. Ramsey c/o Ms. Wanda Hooper 1815 Sherwood Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Ramsey: I am enclosing copy of Resolution No. 33495-070797 memorializing the late M. David Hooper. The Members of the Roanoke City Council and the citizens of the City of Roanoke extend their deepest regrets at the passing of M. David Hooper, Chief, Police Department. The abovereferenced measure was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, July 7, 1997. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33495-070797. A RESOLUTION memorializing the late M. David Hooper. WHEREAS, it was with great sorrow that the members of this Council learned on June 23, 1997, of the passing of M. David Hooper, Chief of Police; WHEREAS, ChiefHooper served as the City's Chief of Police from August 1, 1967, to the date of his death; WHEREAS, Chief Hooper gave unselfishly of his lime and ability and served the City with the utmost loyalty and devotion, displaying the highest professionalism and competence and, in particular, attributes of honesty, integrity, straighffo~vardness, courage, fairness, precision and attention to details; WHEREAS, under Chief Hoope~s leadership, the City's Police Depashaent developed progressive rules and regulations and procedures, established a Police Training Academy, achieved membership in the Commission on Accreditation for Law Enforcement Agencies and instituted the Community-Oriented Policing Effort (COPE) as an effective crime fighting tool; WHEREAS, Chief Hooper, who was at his best during a crisis, was highly ~xusted by City Managers and other City administrators and will be sorely missed by the City of Roanoke,, its officers, employees and citizens; and WHEREAS, this Council desires to take special note of the passing of this distinguished public servant; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council adopts this means of recording its deepest regrets at the passing of M. David Hooper, Chief of Police, and extends to Wanda Hooper, his widow, and to his children, Peter D. Hooper, Kathleen A. Hooper and Rose H. Ramsey, the sympathy of this Council and that of the citizens of this City. 2. The City Clerk is directed to forward an attested copy of this resolution to Mrs. Hooper. 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN EMputy City Clerk July 11, 1997 File #51-514 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: I am enclosing copy of Ordinance No. 33457-070797 rezoning a certain tract of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and identified as Official Tax No. 6410111, from RS-3, Residential Single-Family District, to RM-3, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Edward A. Naif, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee July 11, 1997 Page 2 · pc: Melrose Christian Church, 4807 Cove Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Cedric H. Poff, 2903 Peters Creek Road, N. W., Roanoke, Virginia 24019 Ms. Joan F. Showalter, 55 East 9th Street, No. 8-L, New York, New York 10003 Mr. Francis M. Zayek, 32 Court Street, Brooklyn, New York 11201 St. Elias Catholic Church, 4730 Cove Road, N. W., Roanoke, Virginia 24017 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation 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 IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of July, 1997. No. 33457-070797. VIRGINIA, AN ORDINANCE to amend S36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 641, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, David W. Jones, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RS-3, Single Family Residential District, to RM-3, Residential Multifamily, High Density 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 June 16, 1997, 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. 641 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the That certain tract of Road, N.W., containing 5.78 Sheet No. 641 of the Sectional Official Tax No. 6410111, be, Residential Single Family following particular and no other: land located on the north side of Cove acres, more or less, and designated on 1976 Zone Map, City of Roanoke, as and is hereby rezoned from RS-3, District, to RM-3, Residential Multifamily, High Density District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on May 22, 1997, be changed in this respect. and that Sheet No. 641 of the Zone Map ATTEST: City Clerk. Department of Planning and Community Development Planning Division June 16, 1997 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from David W. Jones, represented by Edward A. Natt, attorney, that property located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and bearing Official Tax No. 6410111, be rezoned from RS-3, Residential Single Family District to RM-3, Residential Multifamily, High Density District, such rezoning to be subject to certain conditions proffered by the petitioner. I. Back~round: Purpose of the rezonin~ request is to construct an assisted living faciliB,. Petitioners propose to develop facilities similar to "Greenwood Assisted Living" in Blacksburg, Virginia. Initial petitign to rezone was filed on 4/10/97. After discussions at the Planning Commission public hearing, a First Amended Petition to Rezone was filed on 5/14/97. The conditions of the rezoning are as follows: The property will be developed in substantial conformity with the Site Development Plan prepared by Balzer & Associates, dated April 9, 1997, a copy of which is attached to the Petition to Rezone, as Exhibit "2", subject to any changes required by the City during comprehensive development plan review. That the property will be used as a group care facility for the elderly (assisted living facility). That the property will be developed in substantial conformity with the rendering (picture) submitted with the rezoning Petition and attached hereto as Exhibit 3. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 Planning Commission vublic hearing was held on May 7. 1997. Mr. Ed Natt, Attorney, presented the rezoning request on behalf of the petitioner. He provided the Commission with an amended petition which specified the use of the property and the exterior design of the building, in addition to the development plan. There was no one who objected to the rezoning request. The Planning Commission voted 6-0 to recommend annroval of the request. Messrs. Butler, Chfisman, Hill, Manetta, Rife and Mrs. Duerk voted in favor of the request; Mrs. Coles was absent. II. Issues: Zoning of the orooerty is currently RS-3. Zoning of adjacent properties are RS-3 and conditional C-2 along Peters Creek Road and a portion of Cove Road. Petitioner is requesting RM-3 zoning because of density needs for the assisted living facility. Land use of the property is vacant li~n0. Adjacent uses are two churches, a shopping center, and single family homes. Part 150 Airoort Noise Comnatibili _ty Program Study in 1995 indici~te~ th~t the subiect property is located within the 60-65 Ldn (average day/night noise leveB contour. Noise levels greater than 65 Ldn are not recommended for residential uses. Some communities establish the 60 Ldn as the threshold level. The study recommended soundproofing of residential buildings within the 65 Ldn and higher, more stringent building codes for new construction, and overlay zones to restrict noise sensitive uses. Utilities are available to the property. Storm water management is an issue for the Peters Creek draining area. Some improvements have been made to the culvert at Cove and Peters Creek Road; additional regional solutions for storm water management in this drainage area are proposed. There is no organized neighborhood organization for the area. The area is included as part of the Hershberger Hills Neighborhood. Neighborhood meetings were conducted in 1988 which identified neighborhood issues and established the following Community Values and Objectives: Development of Vacant land in the neighborhood ~nd f~ture growth alon? Peters Creek. Cove and Hershber~,er Road~ ~ho~ld be well planned in a comprehensive manner to protect neighborhood values and address such issues as pedestrian and traffic safety, drainage, and buffering of residences. Storm water runoffshould be better mania, ged to reduce flooding along Peters Creek and in the vicinity of Harvest Lane, Westside Boulevard, and Cove Road near Hershberger Road. Members of Council Page 3 Pro,rams and services to assist the elderly residents of the neighborhood should be nrovided within the neighborhood. Encourage the development of compatible land uses in the vicinity of the, airport, especially relative to noise impact. F. Comprehensive Plan recommenda that: Neighborhood character and environmental quality should be protected 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. Annropriate housing services for individuals with special needs should be available in neighborhood settings through public and private efforts. Through a variety of public and private efforts, services should be made available to allow Roanoke's elderly and disabled citizens to remain in their own homes or nei~,hborhooits as long as possible. III. Alternatives: A. City Council anprove the rezoning request. Zoning becomes RM-3 which provides for higher density residential development. The development plan for the property is a condition of the rezoning. Land use is proposed to be for an assisted living ¢0nter. Proffered condition addresses use of the property. Alroort noise may be an issue for this residential fp, cility unless specific measures are incorporated into the construction to minimize airport noise. Proposed building is to be brick as per rendering (picture) that is a proffered condition of the rezoning. Utilities for storm water management are not available to the subiect property. Drainage issues will have to be managed on site and there may be some improvements required to the culvert along Cove Road. Neighborhood residents have met with the petitioner. There has not been objections to the rezoning request. The previous values and objectives identified in the 1988 neighborhood meetings can be followed. Members of Council Page 4 IV. 6. Comprehensive Plan could be followed B. Planning Commission recommend denial of the rezoning request. 1. Z nin remain RS-3. 2. Land use limited to those uses permitted in the residential zone. 3. Airoort noise may still be an issue for new residential construction. Area should possibly be considered for development for uses other than residential because of its proximity to airport noise. 4. Utilities for storm water management are still to be resolved. 5. Neighborhood values and objectives could be followed 6. Comprehensive Plan could be followed. R o~dation.: The Planning Commission. on a vote of 6-0 (Mrs. Coles absent), recommended that City Council anprove the rezonin? reauest. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission Tax Number Family. A Exhibit "1". FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN Request of David W. Jones to rezone property identified as Official Tax No. 6410111 located on the north side of Cove Road, NW, subject to certain ,.'~ditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, David W. Jones, is the contract purchaser of land in the City of Roanoke containing 5.78 acres, more or less, located on the north side of Cove Road, N-W, identified as Official 6410111 currently zoned RS-3, Residential Single map of the property to be rezoned is attached as Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax Number 6410111 be rezoned from RS-3 Residential Single-Family to 924-3 Residential Multi-Family District, subject to certain conditions set forth below, for the purpose of developing an assisted living facility, said property being described as follows: BEGINNING at an iron on the north side of Va. Rt. No. 116, corner of Edwin D. Showalter property and T. T. Wells property; thence with the north side of Rt. No. 116, N. 50-14 W. 202.84' to a point; thence N. 62-08 W. 202.84' to an iron; thence with a new division line through the T. T. Wells property, N. i1-11 E. 433.3' an iron; thence with another new line, N. 40-45 E. 119.2' to an iron in the fence on line of C. H. Poff property; thence with the line of C. H. Poff property along the fence, S. 54-56 E. 548.7' to an old iron in the fence on line of Edwin D. Showalter property; thence with the line of Showal~er property, along the fence, S. 33-13 W. 506.3' to the BEGINNING, and containing 5.78 acres, being shown on map made by T. P. Parker, C.E., dated October 31, 1960, a copy of which is of record in Deed Book 652, page 538 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an attractive and quality assisted living facility on the subject property. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions on the property identified as Official Tax No. 6410111. 1. The property will be developed in substantial conformity with the Site Development Plan prepared by Balzer & Associates, dated April 9, 1997, a copy of which is attached to the Petition to Rezone, as Exhibit "2", subject to any changes required by the City during comprehensive development plan review. 2. That the property will be used as a group care facility for the elderly (assisted living facility). 3. That the property will be developed in substantial conformity with the rendering (picture) submitted with the rezoning Petition and attached hereto as Exhibit "3" Attached as Exhibit "4" 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 ~i~\e~_~ RESPECTFULLY SUBMITTED, Of counsel z: \.pSO\ [ i sa\greenwoo,pet: ( af05/1~/97 , 1996. APR-16-199? 11:44 ROANOKE CiTY PLANNING P.14 K~)~NOKE CITY F~_F:~.IX~qlNO P.15 / ! EXHIBIT Name Melrose Christian Church Cedric H. and Guida V. Poff Edwin Dove Showalter and Lura Showalter c/o Johan Showalter Joan F. Showalter Zayek, Francis M. Eparch of the St. Maron of Brooklyn c/o Kearney Hurley Zayek, Francis M. Eparch of Eparch of Saint Maron of Brooklyn c/o Kearney Hurley Z: \~PSO\t. [ SA\GREEN2. PET: ~, a fO5 / 13/97 EXHIBIT "4" PROPERTY OWNERS Address 4807 Cove Road NW Roanoke, VA 24017 2903 Peters Creek Road NW Roanoke, VA 24019 55 East 9th Street ~8L New York, NY 10003 55 East 9th Street New York, NY 10003 32 Court Street Brooklyn, NY 11201 32 Court Street Brooklyn, NY 11201 6410110 6410106 6410116 6410112 6370111 6370113 THE ROANOKE TIMES Ad Number: ~-~ ~oP~ ~ J Publisher's Fee: f~o~oo~.E L;~ ~'-Jo~ 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, 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: TO WHOM IT MAy CONCERN: Witness, this /(-'z day of ~-~kJ~ , /qqT- Authorized Signature , Classified Sales Manager 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, June 16, 1997, 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 RM-3, Residential Multifamily, High Density District, the following property: That certain tract of land located on the north side of Cove Road, N.W., containing 5.78 acres, more or less, and bearing Official Tax No. 6410111, 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 ~7th day of May , 1997. Mary F. Parker, City Clerk. Publish in the ~, once on Thursday, June 5, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron, and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Publish in the Roanoke Times, once on Thursday, May 29, 1997, and once on Thursday, June 5, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron, and Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 TERRY STEER-Roanoke Times ~(540) 981-3415. Phone 981-3416 ~c May 28. 1997 '::7:23 AM _~2/2 0s/28/97 The Roanoke Times A,~ ct: 7741197OSTE Ph: 774 1197 Atrn: Mike Aheron P.o. Box 20068 Roanoke Pay.type BL Source WA Start 05/29/97 VA 24018 Ra~ LE Class 10 Name: OSTER}tOUI)T I'ERGUSON NATT Class Rate: Disp Rate: CreditStatus: Reply Request Legals Rep: 31 Legals [] TFN Ratelss 2 Stop 06/05/97 DC, Wolds ....... Lines ........ Depth ....... Columns Graphic ..... St Woldg [] BoxedAd CopyLine NOTICE OF PUBLIC H S or~ SL,-ing [-'] ManualSod TearSheets ProductCode [] Receipt [] Movable Comments 163 Price 39 Discount 339 Free Day 0 Net 0 StTax 0 FedTax Total Payment App Ct. Balance PO # [] Onllold [] Kill Ad Reason for Discount I Editions 0 00 I 5.7& acres, more or less, and 0 ] ~4~o}~, sub~,~ct to 000 0.00 568731 MAY-28-1997 87:48 (548) 981-3415, Phon P.02 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 10, 1997 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of David W. Jones that a certain tract of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and identified as Official Tax No. 6410111, be rezoned from RS-3, Residential Single-Family District, to RM-3, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Agent, City Planning Commission, at 853-2344. Edward A. Natt, Attorney Osterhoudt, Ferguson, Naif, Aheron & Agee June 10, 1997 Page 2 It will be necessary for you, or your representative, to be present at the June 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 9, 1997 File #51 Edward A. Natt, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee 1919 Electric Road, S. W. Roanoke, Virginia 24018 Dear Mr. Natt: Pursuant to provisions of Resolution No. 25523 adopted by the Council of the City of Roanoke on Monday, April 6, 1981, I have advertised a public hearing for Monday, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of David W. Jones that a certain tract of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, and identified as Official Tax No. 6410111, be rezoned from RS-3, Residential Single-Family District, to RM-3, Residential Multifamily, High Density District, subject to certain conditions proffered by the petitioner. The City Planning Commission has recommended approval of the request inasmuch as the zoning district becomes RM-3, Residential Multifamily, High Density District, which provides for higher density residential development. The development plan for the property is a condition of the rezoning. Land use is proposed to be for an assisted living center. A proffered condition addresses use of the property. Airport noise may be an issue for this residential facility unless specific measures are incorporated into the construction to minimize airport noise. The proposed building is to be brick as per rendering that is a proffered condition of the rezoning. Utilities for storm water management are not available to the subject property. Drainage issues will have to be managed on site and there may be some improvements required to the culvert along Cove Road. Edward A. Naif, Attorney Osterhoudt, Ferguson, Natt, Aheron & Agee June 10, 1997 Page 2 If you have questions with regard to the City Planning Commission report, please contact John R. Madies, Agent, City Planning Commission, at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Melrose Christian Church, 4807 Cove Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Cedric H. Poff, 2903 Peters Creek Road, N. W., Roanoke, Virginia 24019 Ms. Joan F. Showalter, 55 East 9th Street, No. 8-L, New York, New York 10003 Mr. Francis M. Zayek, 32 Court Street, Brooklyn, New York 11201 St. Elias Catholic Church, 4730 Cove Road, N. W., Roanoke, Virginia 24017 MARY F. PARKER, CMC/AAE City C~erk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAK1N Deputy City CIc~k May 23, 1997 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 2416 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 David W. Jones, requesting that a parcel of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, identified as Official Tax No. 6410111, be rezoned from RS-3, Residential Single-Family District, to RM-3, Residential Multi-family, High Density District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. warKer, CMC/AAE-/ City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Natt, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney FIRST AMENDED PETITION TO REZONe. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINTA IN RE: Request of David W. Jones to rezone property identified as Official Tax No. 6410111 located on the north side of Cove Road, NW, subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, David W. Jones, is the contract purchaser of land in the City of Roanoke containing 5.78 acres, more or less, located on the north side of Cove Road, NW, identified as Official Tax Number 6410111 currently zoned RS-3, Residential Single Family. A map of the property to be rezoned is attached as Exhibit "1". Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax Number 6410111 be rezoned from RS-3 Residential Single-Family to RM-3 Residential Multi-Family District, subject to certain conditions set forth below, for the purpose of developing an assisted living facility, said property being described as follows: BEGINNING at an iron on the north side of Va. Rt. No. 116, corner of Edwin D. Showalter property and T. T. Wells property; thence with the north side of Rt. No. 116, N. 50-14 W. 202.84' to a point; thence N. 62-08 W. 202.84' to an iron; thence with a new division line through the T. T. Wells property, N. 11-11 E. 433.3' to an iron; thence with another new line, N. 40-45 E. 119.2' to an iron in the fence on line of C. H. Poff property; thence with the line of C. H. Poff property along the fence, S. 54-56 E. 548.7' to an old iron in the fence on line of Edwin D. Showalter property; thence with the line of Showalter property, along the fence, S. 33-13 W. 506.3' to the BEGINNING, and containing 5.78 acres, being shown on map made by T. P. Parker, C.E., dated October 31, 1960, a copy of which is of record in Deed Book 652, page 538 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an attractive and quality assisted living facility on the subject property. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions on the property identified as Official Tax No. 6410111. 1. The property will be developed in substantial conformity with the Site Development Plan prepared by Balzer & Associates, dated April 9, 1997, a copy of which is attached to the Petition to Rezone, as Exhibit "2", subject to any changes required by the City during comprehensive development plan review. 2. That the property will be used as a group care facility for the elderly (assisted living facility). 3. That the property will be developed in substantial conformity with the rendering (picture) submitted with the rezoning Petition and attached hereto as Exhibit "3". Attached as Exhibit "4" 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. WI~EREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this Iq day of ~ ~ RESPECTFULLY SUBMITTED, Of counsel Si~ture z: \wpSO\[ ~ sa\greenwoo,Pet: [a~05/13/97 , 1996. APR-16-i997 11:44 ROANOKE CITY PLANNING APR-16-199? 11:44 ROANOKE CITY PLANNING P.15 / EXHIBIT "4" Name Melrose Christian Church Cedric H. and Guida V. Poff Edwin Dove Showalter and Lura Showalter c/o Johan Showalter Joan F. Showalter Zayek, Francis M. Eparch of the St. Maron of Brooklyn c/o Kearney Hurley Zayek, Francis M. Eparch of Eparch of Saint Maron of Brooklyn c/o Kearney Hurley Z: \WP50\L [ SA\GREEN2.PET: [af05/13/97 PROPERTY OWNERS Address 4807 Cove Road NW Roanoke, VA 24017 2903 Peters Creek Road NW Roanoke, VA 24019 55 East 9th Street #8L New York, NY 10003 55 East 9th Street New York, NY 10003 32 Court Street Brooklyn, NY 11201 32 Court Street Brooklyn, NY 11201 Tao~ Numk~rs 6410110 6410106 6410116 6410112 6370111 6370113 OSTER. HOUDT. FER. GUSON. NATT, AHER. ON g AGEE May 22, 1997 Mary Parker, City Clerk 456 Municipal Bldg. 215 Church Avenue, SW Roanoke, VA 24011 Re: David W. Jones Dear Ms. Parker: Enclosed please find the original First Amended Petition to Rezone in the above matter. This matter was heard by the Planning Commission at its meeting of May 7, 1997 and was sent on to City Council. It is my understanding that the matter will be heard before City Council on Monday, June 16, 1997 at 7:00 p.m. If this is not correct, please let me know. Very truly yours, Edward A. Natt EAN/laf Enclosure cc: Evelyn S. Lander, Secretary Architectural Review Board Pat Miley David Jones TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: David W. Jones on Cove Road, N.W., Official Tax No. 6410111 ) be rezoned from RS-3 to RM-3, conditional )AFFIDAVIT 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 28th day of April, 1997, notices of a public hearing to be held on the 7th day of May, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 0wner'$ Ngm~ 6410110 Melrose Christian Church 6410106 6410116 6410112 6370111 6370113 6370111 Cedric H. and Guida V. Poff Edwin, Dave and Lura Showalter c/o Joan F. Showalter Francis M. Zayek St. Elias Catholic Church M~iling Address 4807 Cove Road, NW Roanoke, VA 24017 2903 Peters Creek Road, NW Roanoke, VA 24019 55 East 9th Street, #8L New York, NY 10003 32 Court Street Brooklyn, NY 11201 4730 Cove Road, NW Roanoke, VA 24017 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of April, 1997 ary Publ~ ~ - NOTICE OF PUBLIC I-[EARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public hearing on Wednesday, May 7, 1997, 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 David W. Jones, represented by Edward A. Natt, attomey, that property located on the north side of Cove Road, N.W., containing 5.78 acres, more or less, and beating Official Tax No. 6410111, be rezoned from RS-3, Residential Single Family District to RM-3, Residential Multifamily, High Density 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, April 22, 1997 and Tuesday, April 29, 1997 Please bill: Edward A. Natt, attorney Osterhoudt, Ferguson, Natt, Aheron, and Agee 1919 Electric Road, SW Roanoke, VA 24018 774-1197 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 17, 1997 File #51 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from Edward A. Natt, Attorney, representing David W. Jones, requesting that a parcel of land located on the north side of Cove Road, N. W., containing 5.78 acres, more or less, identified as Official Tax No. 6410111, be rezoned from RS-3, Residential Single-Family District, to RM-3, Residential Multi-family, High Density District, subject to certain conditions proffered by the petitioner. /'~'3'~'sincerely Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Edward A. Naif, Attorney, Osterhoudt, Ferguson, Natt, Aheron & Agee, 1919 Electric Road, S. W., Roanoke, Virginia 24018 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 THE COUNCIL 02 THE CITY OF ROANOKE, VIRGINIA IN RE: Request of David W. Jones to rezone property identified as Official Tax No. 6410111 located on the north side of Cove Road, NW, subject to certain conditions proffered by the petitioner. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, David W. Jones, is the contract purchaser of land in the City of Roanoke containing 5.78 acres, more or less, located on the north side of Cove Road, NW, identified as Official currently zoned RS-3, Residential Single the property to be rezoned is attached as Tax Number 6410111 Family. A map of Exhibit "1" Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the property identified as Official Tax Number 6410111 be rezoned from RS-3 Residential Single-Family to RM-3 Residential Multi-Family District, subject to certain conditions set forth below, for the purpose of developing an assisted living facility, said property being described as follows: BEGINNING at an iron on the north side of Va. Rt. No. 116, corner of Edwin D. Showalter property and T. T. Wells property; thence with the north side of Rt. No. 116, N. 50-14 W. 202.84' to a point; thence N. 62-08 W. 202.84' to an iron; thence with a new division line through the T. T. Wells property, N. 11-11 E. 433.3' to an iron; thence with another new line, N. 40-45 E. 119.2' to an iron in the fence on line of C. H. Poff property; thence with the line of C. H. Poff property along the fence, S. 54-56 E. 548.7' to an old iron in the fence on line of Edwin D. Showalter property; thence with the line of Showalter property, along the fence, S. 33-13 W. 506.3' to the BEGINNING, and containing 5.78 acres, being shown on map made by T. P. Parker, C.E., dated October 31, 1960, a copy of which is of record in Deed Book 652, page 538 in the Clerk's Office of the Circuit Court of Roanoke County, Virginia. The Petitioner believes the rezoning of the said tract of land will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will provide an attractive and quality assisted living facility on the subject property. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions on the property identified as Official Tax No. 6410111. 1. The property will be developed in substantial conformity with the Site Development Plan prepared by Balzer & Associates, dated April 9, 1997, a copy of which is attached to the Petition to Rezone, as Exhibit "2", subject to any changes required by the City during comprehensive development plan review. Attached as Exhibit "3" are the names, addresses and tax numbers of the owner or owners of all lots or property immediately adjacent to immediately across a street or road from the property to be rezoned. W}{EREFORE, the Petitioner requests that the above described tract be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this !~ day of ~J~.~Q , 199~. RESPECTFULLY SUBMITTED, Of counsel S i~a% u r~'~e o~f Ow~e r~'/~'~~ z: \wpSO\ l i sa \g reenwoo. Pet: [ af 04/10/97 6.1~ .4c.. ~,4 I011 / x ,~ zo~..~ , ~41011~ EXHIBIT ! ii Name Melrose Christian Church Cedric H. and Guida V. Poff Edwin Dove Showalter and Lura Showalter c/o Johan Showalter Joan F. Showalter Zayek, Francis M. Eparch of the St. Maron of Brooklyn c/o Kearney Hurley Zayek, Francis M. Eparch of Eparch of Saint Maron of Brooklyn c/o Kearney Hurley EXHIBIT "3" PROPERTY OWNERS Address 4807 Cove Road NW Roanoke, VA 24017 2903 Peters Creek Road NW Roanoke, VA 24019 55 East 9th Street #8L New York, NY 10003 55 East 9th Street New York, NY 10003 32 Court Street Brooklyn, NY 11201 32 Court Street Brooklyn, NY 11201 Tax Numbers 6410110 6410106 6410116 6410112 6370111 6370113 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #51 Property Owners Norwich Neighborhood Roanoke, Virginia Dear Property Owners: I am enclosing copy of Ordinance No. 33458-070797 rezoning 114 parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Chadevoix Court on the north, Roanoke Avenue on the south, Ashlawn Street on the east, and Bridge Street or Irvine Street on the west, identified as Official Tax Nos. 1420801 - 1420812, inclusive, 1420816 - 1420827, inclusive, 1420907 - 1420914, inclusive, 1421010 - 1421018, inclusive, 1421110 - 1421122, inclusive, 1420916, 1420917, 1420919 - 1420925, inclusive, 1421001 - 1421009, inclusive, 1421101 - 1421109, inclusive, 1420315- 1420323, inclusive, 1420509- 1420516, inclusive, 1420501 1420508, inclusive, 1420402 - 1420409, inclusive, from HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District; 31 parcels of land bounded generally by Roanoke Avenue on the north, Norwich Park on the east; and Brid. ge Street on the west, identified as Official Tax Nos. 1421601 - 1421603, inclusive, 1421201 - 1421203, inclusive, 1421627 - 1421629, inclusive, 1421204 - 1421211, inclusive, 1421215, 1421217- 1421224, inclusive, 1421301, 1421303, 1421304, 1421308, and 1322201, from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; six parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, identified as Official Tax Nos. 1322002 - 1322004, inclusive, 1322026, 1322027 and 1322201, from LM, Light Manufacturing District, to RS-3, Residential Single- Family District; three parcels of land owned by the City of Roanoke, identified as Official Tax Nos. 1322110, 1421402 and 1421405, from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; and three parcels of land on the east side of Bridge Property Owners Norwich Neighborhood July 11, 1997 Page 2 Street, identified as Official Tax Nos. 1420314, 1420901 and 1420926, from HM, Heavy Manufacturing District, to ON, Neighborhood Commercial District. The abovereferenced measure was adopted by the Council of the City of Roanoke o~ first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno, pc: Mr. and Mrs. Russell J. Eanes, 1745 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Raymond Jackson, 1741 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Joseph Wells, 2209 Buford Avenue, S. W., Roanoke, Virginia 24015 Lucian Y. Grove, President, Contracting Enterprises, Inc., P. O. Box 13725, Roanoke, Virginia 24036 Mr. and Mrs. Welford Bowles, 1815 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Sidney L. Huffman, P. O. Box 2476, Roanoke, Virginia 24010 Mr. and Mrs. Wallace Hines, 2210 Buford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Herman Wright, 2202 Buford Avenue, S. W., Roanoke, Virginia 24015 Ms. Marion McDaniel and Mr. Douglas W. McDaniel, Sr., P. O. Box 19135, Roanoke, Virginia 24034 Mr. and Mrs. C. L. Cromer and Ms. Phyllis S. Laster, 2003 Rice Avenue, Salem, Virginia 24153 Mr. and Mrs. Coy Bowling, 2428 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Trustees, Roanoke Avenue Baptist Church, 2205 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Cardinal Metals, Inc., 2200 Buford Avenue, S. W., Roanoke, Virginia 24015 Mr. Clark R. Dent, 2109 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Property Owners Norwich Neighborhood July 11, 1997 Page 3 pc; Ora Puckett - Life Estate, c/o Joseph E. Wells, 170 Poplar Point Drive, Hardy, Virginia 24101 Mr. and Mrs. Richard Kiser, 1740 Pomeroy Road, Salem, Virginia 24153 Mr. and Mrs. Norman M. Waldron, 2107 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Douglas Weeks, 2303 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Clarence Graham, 2105 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Jack C. Oaks, 2227 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Emmitt Ball, 2103 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Wood, 2215 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Ruth Thomas, 2101 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Riddle, 4236 Lake Ridge Circle, Troutville, Virginia 24175 Mr. Edward L. Sweeney, 203 W. Fourth Street, Salem, Virginia 24153 Mr. Wendell F. Brown, 900 Niagra Road, Apartment 6, Vinton, Virginia 24179 Ms. Elsie M. Wood, et als, c/o Mr. Jerry McMillan, Sr., 4235 Norwood Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Larry D. Toney, 2222 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Curtis Stump, 2205 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Mona F. Lindsey, 2218 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Willard Reynolds, 2201 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Judy S. Byers, 971 Colbourne Avenue, Vinton, Virginia 24179 Mr. and Mrs. Leslie J. Cooper, 4611 Pennsylvania Avenue, N. E., Roanoke, Virginia' 24019 Ms. Ruby Waldron, c/o Joyce Dent, 905 Prestwick Lane, Newport News, Virginia 23602 Trustees, Woodside Presbyterian Church, 2321 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Erwin Crider, 3096 Ridgeway Drive, Troutville, Virginia 24175 Ms. Georgia N. Farris, c/o Mr. Joel C. Burton, 2206 Russell Avenue, S. W., Roanoke, Virginia 24015 Property Owners Norwich Neighborhood July 11, 1997 Page 4 Trustees, Church of God of Prophecy, 5501 Florist Road, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Richard Kiser, 1740 Pomeroy Road, Salem, Virginia 24153 Ms. Ruby V. Ails and Mr. George E. Ails, 2203 Buford Avenue, S. W., Roanoke, Virginia 24015 Ms. Melissa A. Buckner, 1110 Hannah Circle, S. W., Lot 84, Roanoke, Virginia 24016 Ms. Bertie B. Poff, 902 Bridge Street, $. W., Roanoke, Virginia 24015 Mr. and Mrs. Wilson Kinsey, 1075 Kinsey Lane, Boones Mill, Virginia 24065 Three-O-One Gilmer Association, c/o Commercial Investment, P. O. Box 3220, Roanoke, Virginia 24015 Mr. and Mrs. Warren Johns, 2110 Russell Avenue, S. W., Roanoke, Virginia 24015 ....... tv1-& w Properties, Inc., c/o Robert Woodward, 3322 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Mr. Jeffrey A. Harger, 2621 Churchhill Drive, N. W., Roanoke, Virginia 24012 Four R Enterprises, 2018 Laburnum Avenue, S. W., Roanoke, Virginia 24015 Mr. Napoleon Jones, Jr. and Maggie Jones, 2142 Holly Lane, Daleville, Virginia 24083 Mr. and Mrs. Maurice Wilbur, 2308 Roanoke Avenue, S. W., Roanoke, Virginia 24012 Ms. Sandra A. Lang, 2131 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. John F. Marisco and Ms. Rachel D. Marisco, 2127 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Lynwood Wright, 2320 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Albert Cadd, 2330 Berkley Avenue, S. W., Roanoke, Virginia 24015 Ms. Christine L. Busse and Mr. Jimmy E. Hall, 2116 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Arthur Atkinson, 2119 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Hiley Graham, 2117 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Eldridge L. Adams, 2608 Bandy Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Joseph Quinn, 2130 Russell Avenue, S. W., Roanoke, Virginia 24015 Property Owners Norwich Neighborhood July 11, 1997 Page 5 pc: Mr. and Mrs. Will Hodges, 2113 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Donald R. Graham, 2322 Russell Avenue, S. W., Roanoke, Virginia 24015 Walker Machine & Foundry Corporation, P. O. Box 4587, Roanoke, Virginia 24015 Mr. Allen M. Glasgow, et. als, c/o Ms. Melody Graham, 2209 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Richard Fulp, 615 Lucerne Street, N. W., Roanoke, Virginia 24017 Ms. Peggy Blankenship, 2316 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Wayne Snellings, c/o Arlene Snellings, 2230 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. Sturel E. Vaden, 2302 Russell Avenue, S. W., Roanoke, Virginia 24015 Ms. Mazie A. Jackson, 2226 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Alvie Grey, 2229 Charlevoix Court, S. W., Roanoke, Virginia 24015 Ms. Denna S. Bayse, 2222 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Casablanca Mills, 3533 Appleton Avenue, N. W., Roanoke, Virginia 24017 Mr. Walter V. Ails, 201 Laurel Hill Drive, Apartment 12, Vinton, Virginia 24179 Ms. Nancy C. Weeks, 2221 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. F. G. Grey, c/o Mr. James Grey, 3870 Hyde Park Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Daryel W. Wood, 2217 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Kenneth L. Wood, Rural Route Five, Box 402, Rocky Mount, Virginia 24151 Mr. Wilburn F. Wood, 2213 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Issac Bailey, 2206 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Clyde Sparks, 2209 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Joseph Hamm, 2229 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Norman Schilling, 2205 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. Danny L. Cox, 2225 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. Sturel E. Vaden, exec. et al, c/o Ms. Bonnie R. Riddle, 4236 Lake Ridge Circle, Troutville, Virginia 24175 Ms. Lena M. Welch, 2221 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. T. G. Musselman, et ux, c/o Mr. Millard Gillespie, 2217 Russell Avenue, S. W., Roanoke, Virginia 24015 Property Owners Norwich Neighborhood July 11, 1997 Page 6 pc: Mr. and Mrs. Eugene Lucado, Rural Route One, Box 290, Pearisburg, Virginia 24134 Mr. and Mrs. Charles Bowman, 2213 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Howard Robinson, 2422 Penn Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Leonard Whitlock, 3202 Yardley Drive, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Jerry Robertson, 2416 Penn Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Perry L. Allen, 2205 Russell Avenue, S. W., Roanoke, Virginia 24015 Ms. Lelia K. Sweet, 2417 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Charles M. Land, Jr., 1602 Gladstone Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Perry Allen, 2429 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Akers, 2319 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Roy Weeks, 2427 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Coy Bowling, 2425 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Warren Johns, 2311 Russell Avenue, S. W., Roanoke, Virginia 24016 Mr. Jessie Lee Hale, 2419 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Melissa Whitlock, c/o Mr. L. J. Whitlock, 2429 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Frederica N. Weld, 3229 Bromley Road, S. W., Roanoke, Virginia 24018 Mr. Everett L. Dent, Jr., 4833 Peachtree Valley Drive, N. W., Roanoke, Virginia 24017 Ms. Sandra K. Dent, 2401 Denniston Avenue, S. W., Roanoke, Virginia 24015 Ms. Gay B. Martin, Box 152, Copper Hill, Virginia 24079 Mr. and Mrs. Frances Castler, 2141 Mountain View Terrace, Roanoke, Virginia 24015 Patricia Toney, President, Norwich Neighborhood Alliance, 2222 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. Robert O. Gray, 1837 Carlton Road, S. W., Roanoke, Virginia 24015 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations Property Owners Norwich Neighborhood July 11, 1997 Page 7 pc: 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 IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of July, 1997. No. 33458-070797. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet Nos. 132 and 142, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, Roanoke City Planning Commission, has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from (A) HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District; (B) LM, Light Manufacturing District, to RS-3, Residential Single-Family District; and (C) HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.1-693, 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 June 16, 1997, 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, '~he City's Comprehensive Plan, and the matters presented at the public hearing, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that §36.1-3, Code of the City o~'~Oanoke (1979), as amended, and Sheet Nos. 132 and 142, of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: (a) fourteen That certain tract of land, containing one hundred (114) parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west, Zone Map, 1420802 1420809 1420819 1420826 1420912 1421014 1421112 1421119 1420920, 1421002, and designated on Sheet No. City of Roanoke, 1420803, 1420804 1420810, 1420811 1420820, 1420821 1420827, 1420907 1420913, 1420914 1421015, 1421016 1421113, 1421114, 1421120, 1421121, 1420921, 1420922, 1421003, 1421004, 142 of the Sectional 1976 and bearing Official 1420805 1420806, 1420812 142081( 1420822 1420823 1420908 1420909 1421010 1421011 1421017 1421018 1421115, 1421116 1421122, 1420916 1420923, 1420924 1421005, 1421006 Tax Nos. 1420807 1420817 1420824 1420910 1421012 1421110 1421117 1420917 1420925 1421007 1420801 1420808 1420818 1420825 1420911 · 1421013 1421111 1421118 1420919 1421001 1421008 2 1421009 1421107 1420319 1420511 1420502 1420402 1420409 1421101, 1421102 1421108, 1421109 1420320, 1420321 1420512, 1420513 1420503, 1420504 1420403, 1420404 be, 1421103 1421104 1420315 1420316 1420322 1420323 1420514 1420515 1420505 1420506 1420405 1420406 and are hereby rezoned from HM, 1421105 1421106 1420317 1420318 1420509 1420510 1420516 1420501 1420507 1420508 1420407 1420408 Heavy Manufacturing District, the First May 27, 1997, and that Sheet No. 142 of this respect. (B) That certain tract of land, parcels, in the Norwich neighborhood to RS-3, Residential Single-Family District, pursuant to Amended Petition filed in the Office of the City Clerk on the Zone Map be changed in containing thirty-one (31) located in the southwest quadrant of the City, bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by Bridge Street on the west, and designated on Sheet No. 142 of the Sectional 1976 Zone Map, City of Roanoke, and bearing Official Tax Nos. 1421601, 1421602, 1421603, 1421201, 1421202, 1421203, 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421215, 1421217, 1421218, 1421219, 1421220, 1421221, 1421222,' 1421223, 1421224, 1421301, 1421303, 1421304, 1421308, 1322201, be, and are hereby rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 142 of the Zone Map be changed in this respect. 3 (C) That certain tract of land, containing six (6) parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, and designated on Sheet No. 132 as Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201, be, and are hereby rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 132 of the Zone Map be changed in this respect. (D) That certain tract of land, containing three (3) parcels, in the Norwich neighborhood located in the southwest quadrant of the City, bounded on the north by Roanoke Avenue and on the west by Rolfe Street (known as Norwich Park and Recreation Center), owned by the City of Roanoke, and designated on Sheet Nos. 132 and 142 as Official Tax Nos. 1322110, 1421402 and 1421405, be, and are hereby rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 132 of the Zone Map be changed in this respect. (E) That certain tract of land, containing three (3) parcels, in the Norwich neighborhood located in the southwest quadrant of the City on the east side of Bridge Street, and designated on Sheet No. 142 as Official Tax Nos. 1420314, 1420901 and 1420926, be, and are hereby rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District, pursuant to the First Amended Petition filed in the Office of the City Clerk on May 27, 1997, and that Sheet No. 142 of the Zone Map be changed in this respect. ATTEST: City Clerk. MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax; (540) 853-1145 June 24,1997 SANDRA H. EAKIN Deputy City Clerk Angela H. Apgar Mortgage Loan Officer Salem Bank and Trust P. O. Box 979 Salem, Virginia 24153 Dear Ms. Apgar: I am enclosing copy of Ordinance No. 33458 which will rezone certain properties in the Norwich community. The abovereferenced ordinance was adopted on its first reading on Monday, June 16, 1997. it is my understanding that you are interested specifically in Official Tax No. 1421101 which is included as one of the parcels of land to be rezoned. See Page 3, Line 1 of Ordinance No. 33458. Please note that Ordinance No. 33458 will be considered on its second reading by the Council of the City of Roanoke at a regular meeting to be held on Monday, July 7, 1997, at 2:00 p.m, in the Roanoke City Council Chamber, fourth floor, Municipal Building, 215 Church Avenue, S.W. If adopted on its second reading, Ordinance No. 33458 will be in full force and effect ten days following the date of its second reading. If you have questions, or if I may be of further assistance, please feel free to call me. Sincerely yours, Mary F. Parker, CMC/AAE City Clerk MFP:gd Enclosure 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 20, 1997 File #51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: A public hearing on the request of the City Planning Commission that 114 parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, Roanoke Avenue on the south, Ashlawn Street on the east, and Bridge Street or Irvine Street on the west, identified as Official Tax Nos. 1420801 - 1420812, inclusive, 1420816 - 1420827, inclusive, 1420907 - 1420914, inclusive, 1421010 - 1421018, inclusive, 1421110 - 1421122, inclusive, 1420916, 1420917, 1420919 - 1420925, inclusive, 1421001 - 1421009, inclusive, 1421101 - 1421109, inclusive, 1420315 - 1420323, inclusive, 1420509 - 1420516, inclusive, 1420501 -1420508, inclusive, 1420402- 1420409, inclusive, be rezoned from HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District; 48 parcels of land bounded generally by Roanoke Avenue on the north, Norwich Park on the east; and Bridge Street on the west, identified as Official Tax Nos. 1421601 - 1421603, inclusive, 1421201 - 1421203, inclusive, 1421624 - 1421629, inclusive, 1421204 - 1421211, inclusive, 1421309- 1421322, inclusive, 1421215, 1421217- 1421224, inclusive, 1421301, 1421303, 1421304, 1421308, and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; six parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, identified as Official Tax Nos. 1322002 - 1322004, inclusive, 1322026, 1322027 and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; three parcels of land owned by the City of Roanoke, identified as Official Tax Nos. 1322110, 1421402 and 1421405, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; and three parcels of land on the east side of Gilbert E. Butler, Jr., Chair City Planning Commission June 20,1997 Page 2 Bridge Street, identified as Official Tax Nos. 1420314, 1420901 and 1420926, be rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. was before the Council of the City of Roanoke at a regular meeting held on Monday, June 16, 1997. On motion, duly seconded and adopted, Ordinance No. 34458, as amended, was adopted on its first reading. However, property located on the north and south sides of Buford Avenue, described as Official Tax Nos. 1421309 - 1421322, respectively, and property located on the south side of Buford Avenue, described as Official Tax Nos. 1421624 - 1421626, respectively, was referred back to the City Planning Commission for further study, report and recommendation to Council. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc: Mr. and Mrs. Russell J. Eanes, 1745 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Raymond Jackson, 1741 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Joseph Wells, 2209 Buford Avenue, S. W., Roanoke, Virginia 24015 Lucian Y. Grove, President, Contracting Enterprises, Inc., P. O. Box 13725, Roanoke, Virginia 24036 Mr. and Mrs. Welford Bowles, 1815 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Sidney L. Huffman, P. O. Box 2476, Roanoke, Virginia 24010 Mr. and Mrs. Wallace Hines, 2210 Buford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Herman Wright, 2202 Buford Avenue, S. W., Roanoke, Virginia 24015 Ms. Marion McDaniel and Mr. Douglas W. McDaniel, Sr., P. O. Box 19135, Roanoke, Virginia 24034 Mr. and Mrs. C. L. Cromer and Ms. Phyllis S. Laster, 2003 Rice Avenue, Salem, Virginia 24153 Mr. and Mrs. Coy Bowling, 2428 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Trustees, Roanoke Avenue Baptist Church, 2205 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Gilbert E. Butler, Jr., Chair City Planning Commission June 20, 1997 Page 3 pc: Cardinal Metals, Inc., 2200 Buford Avenue, S. W., Roanoke, Virginia 24015 Ora Puckett - Life Estate, cJo Joseph E. Wells, 170 Poplar Point Drive, Hardy, Virginia 24101 Mr. Clark R. Dent, 2109 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Richard Kiser, 1740 Pomeroy Road, Salem, Virginia 24153 Mr. and Mrs. Norman M. Waldron, 2107 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Douglas Weeks, 2303 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Clarence Graham, 2105 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Jack C. Oaks, 2227 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Emmitt Ball, 2103 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Wood, 2215 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Ruth Thomas, 2101 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Riddle, 4236 Lake Ridge Circle, Troutville, Virginia 24175 Mr. Edward L. Sweeney, 203 W. Fourth Street, Salem, Virginia 24153 Mr. Wendell F. Brown, 900 Niagra Road, Apartment 6, Vinton, Virginia 24179 Ms. Elsie M. Wood, et als, c/o Mr. Jerry McMillan, Sr., 4235 Norwood Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Larry D. Toney, 2222 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Curtis Stump, 2205 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Mona F. Lindsey, 2218 Russell Avenue, S. W., Roanoke, Virginia 24015 24015 Mr. and Mrs. Willard Reynolds, 2201 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Judy S. Byers, 971 Colbourne Avenue, Vinton, Virginia 24179 Mr. and Mrs. Leslie J. Cooper, 4611 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Ms. Ruby Waldron, c/o Joyce Dent, 905 Prestwick Lane, Newport News, Virginia 23602 Trustees, Woodside Presbyterian Church, 2321 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Erwin Crider, 3096 Ridgeway Drive, Troutville, Virginia 24175 Ms. Georgia N. Farris, c/o Mr. Joel C. Burton, 2206 Russell Avenue, S. W., Roanoke, Virginia 24015 Gilbert E. Butler, Jr., Chair City Planning Commission June 20, 1997 Page 4 pc; Trustees, Church of God of Prophecy, 5501 Florist Road, N. W., Roanoke, Virginia 24012 Ms. Ruby V. Ails and Mr. George E. Ails, 2203 Buforcl, .venue, S. W., Roanoke, Virginia 24015 Ms. Melissa A. Buckner, 1110 Hannah Circle, S. W., Lot 84, Roanoke, Virginia 24016 Ms. Berrie B. Poff, 902 Bridge Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Wilson Kinsey, 1075 Kinsey Lane, Boones Mill, Virginia 24065 Three-O-One Gilmer Association, c/o Commercial Investment, P. O. Box 3220, Roanoke, Virginia 24015 Mr. and Mrs. Warren Johns, 2110 Russell Avenue, S. W., Roanoke, Virginia 24015 M & W Properties, Inc., c/o Robert Woodward, 3322 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Mr. Jeffrey A. Harger, 2621 Churchhill Drive, N. W., Roanoke, Virginia 24012 Four R Enterprises, 2018 Laburnum Avenue, S. W., Roanoke, Virginia 24015 Mr. Napoleon Jones, Jr. and Maggie Jones, 2142 Holly Lane, Daleville, Virginia 24083 Mr. and Mrs. Maurice Wilbur, 2308 Roanoke Avenue, S. W., Roanoke, Virginia 24012 Ms. Sandra A. Lang, 2131 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. John F. Marisco and Ms. Rachel D. Marisco, 2127 Roanoke Avenue, S. W. Roanoke, Virginia 24015 Mr. and Mrs. Lynwood Wright, 2320 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Albert Cadd, 2330 Berkley Avenue, S. W., Roanoke, Virginia 24015 Ms. Christine L. Busse and Mr. Jimmy E. Hall, 2116 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Arthur Atkinson, 2119 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Hiley Graham, 2117 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. EIdridge L. Adams, 2608 Bandy Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Joseph Quinn, 2130 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Will Hodges, 2113 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Donald R. Graham, 2322 Russell Avenue, S. W., Roanoke, Virginia 24015 Walker Machine & Foundry Corporation, P. O. Box 4587, Roanoke, Virginia 24015 Gilbert E. Butler, Jr., Chair Ci~ Planning Commission June 20,1997 Page 5 pc: Mr. Allen M. Glasgow, et. als, c/o Ms. Melody Graham, 2209 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Richard Fulp, 615 Lucerne Street, N. W;, Roanoke, Virginia 24017 Ms. Peggy Blankenship, 2316 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Wayne Snellings, c/o Arlene Snellings, 2230 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. Sturel E. Vaden, 2302 Russell Avenue, S. W., Roanoke, Virginia 24015 Ms. Mazie A. Jackson, 2226 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Alvie Gray, 2229 Charlevoix Court, S. W., Roanoke, Virginia 24015 Ms. Denna S. Bayse, 2222 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Casablanca Mills, 3533 Appleton Avenue, N. W., Roanoke, Virginia 24017 Mr. Walter V. Ails, 201 Laurel Hill Drive, Apartment 12, Vinton, Virginia 24179 Ms. Nancy C. Weeks, 2221 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. F. G. Gray, c/o Mr. James Gray, 3870 Hyde Park Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Daryel W. Wood, 2217 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Kenneth L. Wood, Rural Route Five, Box 402, Rocky Mount, Virginia 24151 Mr. Wilburn F. Wood, 2213 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Issac Bailey, 2206 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Clyde Sparks, 2209 Charlevoix Cour[, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Joseph Harem, 2229 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Norman Schilling, 2205 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. Danny L. Cox, 2225 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. Sturel E. Vaden, exec. et al, c/o Ms. Bonnie R. Riddle, 4236 Lake Ridge Circle, Troutville, Virginia 24175 Ms. Lena M. Welch, 2221 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. T. G. Musselman, et ux, c/o Mr. Millard Gillespie, 2217 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Eugene Lucado, Rural Route One, Box 290, Pearisburg, Virginia 24134 Mr. and Mrs. Charles Bowman, 2213 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Howard Robinson, 2422 Penn Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Leonard Whitlock, 3202 Yardley Drive, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Jerry Robertson, 2416 Penn Street, S. W., Roanoke, Virginia 24015 Gilbert E. Butler, Jr., Chair City Planning Commission June 20,1997 Page 6 pc: Mr. and Mrs. Perry L. Allen, 2205 Russell Avenue, S. W., Roanoke, Virginia 24015 Ms. Lelia K. Sweet, 2417 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Charles M. Land, Jr., 1602 Gladstone Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Perry Allen, 2429 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Akers, 2319 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Roy Weeks, 2427 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Coy Bowling, 2425 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Warren Johns, 2311 Russell Avenue, S. W., Roanoke, Virginia 24016 Mr. Jessie Lee Hale, 2419 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Melissa Whitlock, c/o Mr. L. J. Whitlock, 2429 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Frederica N. Weld, 3229 Bromley Road, S. W., Roanoke, Virginia 24018 Mr. Everett L. Dent, Jr., 4833 Peachtree Valley Drive, N. W., Roanoke, Virginia 24017 Ms. Sandra K. Dent, 2401 Denniston Avenue, S. W., Roanoke, Virginia 24015 Ms. Gay B. Martin, Box 152, Copper Hill, Virginia 24079 Mr. and Mrs. Frances Castler, 2141 Mountain View Terrace, Roanoke, Virginia 24015 Patdcia Toney, President, Norwich Neighborhood Alliance, 2222 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. Robert O. Gray, 1837 Carlton Road, S. W., Roanoke, Virginia 24015 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation 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 Roanoke City Planning Commission June 16, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Rezoning of the following one hundred and fourteen (114) parcels of land in the Norwich neighborhood in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west: Official Tax Nos. 1420801, 1420802, 1420803, 1420804, 1420805, 1420806, 1420807, 1420808, 1420809, 1420811, 1420812, 1420816, 1420817, 1420818, 1420821, 1420822, 1420823, 1420824, 1420825, 1420907, 1420908, 1420909, 1420910, 1420911, 1420914, 1421010, 1421011, 1421012, 1421013, 1421016, 1421017, 1421018, 1421110, 1421111 1421114, 1421115, 1421116, 1421117, 1421118 1421121, 1421122, 1420916, 1420917, 1420919 1420922, 1420923, 1420924, 1420925, 1421001 1421004, 1421005, 1421006, 1421007, 1421008 1421102, 1421103, 1421104, 1421105, 1421106 1421109, 1420315, 1420316, 1420317, 1420318 1420321, 1420322, 1420323, 1420509, 142051£ 1420513, 1420514, 1420515, 1420516, 1420501, 1420504, 1420505, 1420810, 1420819, 1420820, 1420826, 1420827, 1420912, 1420913, 1421014, 1421015, 1421112, 1421113, 1421119, 1421120, 1420920, 1420921, 1421002, 1421003, 1421009, 1421101, 1421107, 1421108, 1420319, 1420320, 1420511, 1420512, 1420502, 1420503, 1420403 1420506, 1420507, 1420508, 1420402, 1420404, 1420405, 1420406, 1420407, 1420408, 1420409, currently zoned HM, Heavy Manuhcturing District; forty-eight (48) other parcels of land bounded gener~ly by Roanoke Avenue on the north, by Norwich Park on the ea~ and by Bridge Street on the west: Official Tax Nos. 1421601, 1421602, 1421603, 1421201, 1421202, 1421203, 1421624, 1421625, 1421626 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207 1421208, 1421209, 1421210, 1421211, 1421309, 1421310, 1421311 1421312, 1421313, 1421314, 1421315, 1421316, 1421317, 1421318 1421319, 1421320, 1421321, 1421322, 1421215, 1421217, 1421218 1421219, 1421220, 1421221, 1421222, 1421223, 1421224, 1421301 1421303, 1421304, 1421308, 1322201; six (6) parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue: Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 and 1322201; and three (3) parcels owned by the City of Roanoke bounded on the north by Roanoke Avenue and on the west by Rolfe Street (known also as Norwich Park and Recreation Center): Official Tax Nos. 1322110, 1421402 and 1421405, currently zoned LM, Light Manufacturing District; to RS-3, Residential Single-Family District. Rezoning of the following three (3) parcels of land on the east side of Bridge Street in the Norwich neighborhood: Official Tax Nos. 1420314, 1420901 and 1420926, currently zoned HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. I. Background: Purposes of the rezoning requests are to promote the intent of the City's comprehensive plan and zoning regulations and to further the general welfare and good zoning practices by: (1) making the existing uses of the subject properties consistent with the proper zoning category; (2) ensuring that the subject properties will be used in the future in a manner that will not negatively impact adjoining properties; and (3) facilitating preservation of the neighborhood. Proposed areas for rezoning to RS-3, Residential Single-Family, and to CN, Neighborhood Commercial, districts consist of a total of 174 parcels for a combined area of 23 acres, more or less. The area proposed for rezoning to RS-3 is comprised of 171 parcels which include approximately 107 residences, three churches, a city park and recreation center, two businesses and a relatively small number of vacant lots. The area proposed to be rezoned to CN is made up of two structures situated on three parcels. Subject areas were zoned LM, Light Manufacturing District, and HM, Heavy Manufacturing District, in the mid-1960's. The expectations were that (1) Norwich residents would migrate to the suburbs (a trend in many inner-city neighborhoods across the nation at the time) and (2) there would be significant future industrial interest which would result in large tracts of land being purchased and redeveloped for manufacturing purposes. In the intervening 30-plus years, however, these expectations have not been realized; that is: (1) existing residents have not moved out to any appreciable extent; and (2) significant manufacturing development has not occurred, due in part to the location of much of the neighborhood within the 100-year floodplain (combined with the impacts of the 1985 flood) and to limited access for truck transportation. Under the current zonin~ of LM, Light Manufacturin~ District, and HM, Heavy Manufacturing District, existing residential, church and commercial properties in the subject areas are non-conforming uses. For the past 30-plus years, owners of homes Members of Council Page 3 and other non-conformities have been prohibited from making major improvements or expanding their structures and from building on vacant property other than for uses permitted in the LM and HM districts. Roanoke Neighborhood Partnership learned of the neighborhood's desire to be rezoned in October 1996 at a meeting of the Norwich Neighborhood Alliance, the neighborhood organization. Planning staff first met with the group to discuss the rezoning in November 1996. Shortly thereafter members of the neighborhood organization conducted a land-use survey of the area in support of the rezoning effort. Planning staff has undertaken extensive information and public participation efforts in order to notify and obtain the input of those who would be affected. These efforts targeted residential and business/industrial owners as well as the owners of adjacent industrial properties. Public participation activities included: Two~ which contained advance notice of neighborhood meetings, maps of the proposed zoning districts, purposes of the rezoning and a fact sheet on flooding and flood insurance. Two neighborhood meetings, on March 18 and April 14, 1997, were conducted to involve Norwich residents and the owners of area businesses/industries in the rezoning process. Co-sponsored by the Norwich Neighborhood Alliance and the city's Dept. of Planning and Community Development, the first meeting was attended by 40 persons and the second by 33 people. Planning, staff discussed on an individual basis the proposed rezoning with the owners of businesses and industries located both within and adjacent to the areas proposed for rezoning. The owners' concerns have been addressed to the extent possible, primarily by way of making adjustments to the areas proposed for rezoning Staff has intentionally excluded from the areas to be rezoned business/manufacturing uses located at the edges of the neighborhood. II. Current Situation: Plannin~ Commission public hearing was held on May 7, 1997. Ms. Tam Roop presented the request on behalf of the Commission. She showed the Commission a map depicting zoning and land uses in, and adjacent to, the area proposed for rezoning In giving the staff report, Ms. Roop said that Norwich is a viable residential neighborhood and that industrial development to date has been almost exclusively around the edges of the residential area and has been expressly excluded from the rezoning. Members of Council Page 4 She stated that the neighborhood is located in the city's Enterprise Zone One but that the Office of Economic Development considers the rezoning appropriate, given factors which are believed to have limited industrial development thus far such as the location of most of the neighborhood in the 100-year floodplain. Ms. Roop said the rezoning request has strong support from the neighborhood and that the planning department has received a petition and numerous calls supporting the rezoning. She said the department also has heard from four businesses opposed to the rezoning, one of which contacted her for the first time the day before the Planning Commission public hearing. Staff recommended approval of the rezoning request, Ms. Roop said, because the neighborhood is viable and active and the rezoning would help to conserve and enhance it and would help to retain existing neighborhood businesses and services. Mr. Marlles then discussed businesses within the area proposed for rezoning. He recommended that the oil-storage warehouse, located in the former school building on Roanoke Avenue, be deleted from the rezoning request due to possible takings issues that were of concern to the City Attorney's office. He said staff was investigating outside storage on the property but that the oil warehouse was permitted in the LM district and that if it were to be rezoned, it would become nonconforming. The property was purchased from the city in 1979, Ms. Roop said in response to a question from a Commissioner. Mr. Marlles also identified a property doing business as AAA and said that it currently is a nonconforming use, that it would remain so after the rezoning and that there was no recommendation that it be deleted from the rezoning request. Ms. Roop commented that Mr. Wells, the owner of six parcels to the rear of the oil warehouse, opposed the rezoning and that he was present. The first member of the audience to speak was Ms. Patricia Toney, president of the Norwich Neighborhood Alliance. She said she was a fourth-generation Norwich resident and that most neighborhood residents had lived there for a long time. She said most were concerned only with the area's residences and wanted to be able to fix up their homes. Currently, she stated, residents could not make modifications to their homes and would not be able to rebuild them if they were destroyed by fire. Ms. Toney said she felt residents should have the right to fix up their homes and that neighborhood residents were not trying to harm the area's businesses. Mr. Joseph Wells, owner of 2209 Buford Avenue and five adjoining lots, spoke next. He said he had contacted Ms. Roop the day before and supported the neighborhood's rezoning to RS-3 but that he did not want his six parcels to be rezoned because he had plans to put a warehouse on them. He said his wife had grown up in Norwich, his children had been raised Members of Council Page 5 there and that his mother-in-law still lives in the neighborhood. In response to a question from a Commissioner, Mr. Wells stated that he would prefer not to have to rezone his property once his plans for using the property were finalized, both for financial and procedural reasons. So that the Commission would know how the neighborhood felt about Mr. Wells' six parcels being exempted from the rezoning request, Mr. Butler suggested that Mr. Wells, neighborhood residents and staff meet in the hallway while the next agenda item was considered. It also was suggested that the residents and Mr. Wells try to come to agreement on the issue. Following that discussion, Ms. Roop advised the Commission that it had not been possible to reach agreement. She also said that there were several residents who wished to be heard. Ms. Toney again appeared before the Commission and said she would like to know what Mr. Wells intends to store on the six lots and that there are many empty warehouses in the area. Ms. Peggy Blankenship, another Norwich resident, appeared before the Commission and said it was the intent of the residents to have the neighborhood zoned residential. She said that industries are moving out and there are vacant buildings in the area. She said residents feel that the six lots owned by Mr. Wells could be better utilized for residential purposes, that they had not been used before for manufacturing and that she was concerned not only about the lots being exempted from the rezoning but also about the oil-storage warehouse (former schoolhouse). Ms. Blankenship said she was concerned that oil was being dumped by the warehouse operation next to a residential property and about what could happen to items stored on the property if the area flooded. Ms. Arlene Shellings addressed the Commission and stated that she was a fifth-generation resident and had lived in the area for over 30 years. She said that she was concerned that Norwich residents were not well regarded but that they had pride in their homes and contributed to the larger community. Mr. Robert O. Gray appeared before the Commission. A property owner in the area, hesaid he felt it was the Commission's duty to correct the error that had been made and give the people of Norwich a chance to improve and build back their homes. He said it was a slum area because regulations forced it to be that way. Mr. Wells again addressed the Commission and said he agreed with everyone. He said the neighborhood had been deprived and that residents could not protect the value of their homes. He said that the six lots he owned were in an enterprise zone and, unfortunately, blight had captured the block. There were three strikes against the lots being zoned residential, he stated: they were in a flood zone; they were encircled by industrially zoned land so it was not practical to put houses there; and the homes surrounding the lots were not going to be improved and probably would become vacant. Members of Council Page 6 Commission members then discussed the matter. Mr. Manetta asked Mr. Marlles if there was any reason to have an oil warehouse in a residential neighborhood. Mr. Marlles said ideally he would not want such a facility in a residential area but when the warehouse had located there, it was a permitted use. He added that staffalso was concerned about possible safety issues related to the oil warehouse operation. Mr. Rife confirmed with Mr. Marlles that the oil warehouse would become nonconforming if it was rezoned and stated that the facility already is nonconforming due to the fact that outside storage is not allowed in the front yard in an LM district. Mr. Marlles said this issue is being investigated by zoning staff and that it hadn't been determined if the storage of barrels pre-dates the 1987 zoning ordinance. Mr. Manetta inquired if downzoning is illegal in Virginia. Mr. Marlles commented that it is not as long as it is done as part of a comprehensive rezoning. He advised that it is not unusual for properties to be deleted and the boundaries of a comprehensive rezoning to be changed at the public hearing stage. Boundary changes also could occur at the City Council level, he said. Mr. Chrisman moved that the Commission recommend approval of the request with the exception of the oll storage facility. The motion was seconded by Mrs. Duerk and approved 3-2 by a roll-call vote as follows: Mr. Butler: yes; Mr. Chrisman: yes; Mrs. Duerk: yes; Mr. Manetta: no; and Mr. Rife: no (Mrs. Coles and Mr. Hill absent). III. Issues: Current zoning of the subject areas is HM, Heavy Manufacturing, and LM, Light Manufacturing, districts. Proposed zoning of the subject area comprised of single-family homes, churches and Norwich Park and recreation center is RS-3, Residential Single-Family District because this district is most appropriate for the existing residential character of the neighborhood. The zoning district proposed for the area consisting of three small businesses is CN, Neighborhood Commercial District, because it is most appropriate to the scale and type of existing businesses. Land uses in the subject areas are almost exclusively residential and consist of approximately 107 single-family residences; in addition, there are three churches, the Norwich Park and recreation center, two non-conforming commercial establishments (one was identified following the Planning Commission's public heating) and one warehousing operation. Land uses adjacent to the subject areas are predominantly warehousing and light/heavy manufacturing operations. Members of Council Page 7 If the rezoning is approved, a total of 107 residences, three churches and three businesses would change from non-conforming to conforming status. Two businesses, which already are non-conforming, would remain non-conforming. Economic development is an issue because industrial land in the city has been identified as a valuable economic asset which should be protected and because the Norwich neighborhood comprises a significant portion of the city's Enterprise Zone One. However, the city's Office of Economic Development and Grants does not consider the Norwich neighborhood to have significant economic development potential due largely to three factors: (1) most of the neighborhood (i.e., most of the area to be rezoned) is located in the 100-year floodplain, (2) the area is not well situated for truck ingress and egress because of topography and (3) there is not a major highway nearby. Therefore, rezoning of the neighborhood is considered appropriate, particularly given the viability of the existing residential area. Public safety is an issue because the 100-year floodplain affects a significant portion of the subject areas. Approximately 71 residences as well as two churches, two businesses, an oil storage/warehouse, a recreation center and most of Norwich Park are located within or immediately adjacent to the 100-year floodplain. Any future expansion or development of these structures or other property within the floodplain must be in compliance with requirements set out in the city's Floodplain Development Regulations. Neiehborhood organization is the Norwich Neighborhood Alliance (NNA) which initiated contact with the city regarding this rezoning request. Residents expressed strong support of the rezoning at two neighborhood meetings. In addition, the planning department has received, to date, 9 phone calls from Norwich residents in support of the mzoning and a petition supporting the rezoning signed by 67 Norwich residents. All property owners and business operators of the parcels proposed for rezoning to CN, Neighborhood Commercial District, have been contacted and have expressed support of the rezoning. O~oosition to the proposed rezoning has been expressed by four business interests. One is located adjacent to the area to be rezoned. Another is located within the subject area and would remain a non-conforming use. The third, owner of the oil warehouse, would have become a non-conforming use. The fourth is the owner of vacant property intended for future industrial development. No letters expressing opposition to the rezoning have been received by the planning department. G. Comprehensive plan recommends that: 1. neighborhoods be conserved; 2. neighborhood character and environmental quality be protected; Members of Council Page 8 changes in land use be designed to conserve and enhance neighborhood quality; and appropriate, small-scale development of needed neighborhood services be ensured. IV. Alternatives: A. City Council approve the rezoning request: Current zoning would change to RS-3, Residential Single-Family District, consistent with the predominant use of the area, and to CN, Neighborhood Commercial District, which would preserve the very small commercial sector. Proposed zoning of the subject areas would become actual, promoting preservation of the neighborhood and of the residential properties within it and allowing small-scale businesses to operate as conforming uses. Land uses in the subject areas would remain the same but would gain legal status: 113 mostly residential land uses would change from non-conforming to conforming status. Due to the exclusion of the oil warehouse from the rezoning request, no additional land uses would become non-conforming. Land uses adjacent to the subject areas would not be affected. Economic development would not be affected to any appreciable degree because there would be no change in factors which have restricted industrial development in the area thus far, including the neighborhood's location in the 100-year floodplain, topography which makes truck access difficult and the absence of a major highway nearby. Public safety would be addressed because the development or expansion of structures in the 100-year floodplain would be subject to the city's Floodplain Development Regulations and because flood insurance costs would be reduced. Neighborhood impacts would be positive and would include the improvement or expansion of residences (as allowed by floodplain regulations), neighborhood preservation and enhanced neighborhood stability. Rezoning also would satisfy the original request to the city from the neighborhood organization on behalf of area residents. 7. Comprehensive plan would be followed. Members of Council Page 9 B. City Council deny the rezoning request: Current zoning would continue and, as a result, 113 land uses would remain as non-conformities. Proposed zoning which would bring predominating residential uses in the neighborhood into conformity would not be realized. Land uses in the subject area would remain as is with resulting impacts, as noted above. Land uses in the adjacent areas would not be affected. Economic development would not be affected to any appreciable degree due to factors which have restricted industrial development in the area to date. 5. Public safety issues would not be addressed. Neighborhood impacts would be negative and would include: the continued inability of neighborhood residents to improve or expand their homes with resulting consequences to the preservation and stability of the neighborhood. Denial also would fail to address the rezoning request made by the neighborhood organization on behalf of residents. Comprehensive plan would not be followed but could be followed at a later date. V. Recommendation: The Planning Commission, by a vote of 3 to 2 (Mrs. Coles and Mr. Hill absent), recommended approval of the proposed rezonings with the exception of Official Tax No. 1421305 (the oil storage warehouse), finding that: the area to be rezoned is a viable neighborhood with an active park and churches; neighborhood character and environmental quality would be protected; the neighborhood and neighborhood quality would be conserved and enhanced; and small-scale neighborhood services would be retained. Mr. Manetta and Mr. Rife voted against the recommendation for approval because they believed it was appropriate to leave the oil warehouse in the rezoning request and because no one testified against downzoning that property. Respectfully submitted, Gilbert E. Butler, Chairman Roanoke City Planning Commission Members of Council Page 10 JRM:TR:mpf attachments pc: Assistant City Attorney City Engineer Building Commissioner Economic Development Administrator Roanoke Neighborhood Partnership Coordinator FIRST AMENDED PETITION TO REZONE rN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA 1420817,1420818, 1420825, 1420826, 1420827, 1420907, 1420908, 1420909, 1420912, 1420913, 1420914, 1421010, 1421011, 1421012, 1421015,1421016,1421017,1421018,1421110,1421111, 1421114,1421115, 1421116,1421117,1421118,1421119, 1421122, 1420916, 1420917, 1420919, 1420920, 1420921, 1420924, 1420925, 1421001, 1421002, 1421003, 1421004, 1421007, 1421008, 1421009, 1421101, 1421102, 1421103, 1421106,1421107, 1421108,1421109,1420315,1420316, 1420319, 1420320, 1420321, 1420322,1420323, 1420509, 1420512,1420513,1420514, 1420515,1420516,1420501, 1420504,1420505, Rezoning of the following one hundred and fourteen (114) parcels of land in the Norwich neighborhood in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west: Official Tax Nos. 1420801, 1420802, 1420803, 1420804, 1420805, 1420806, 1420807, 1420808, 1420809, 1420810, 1420811, 1420812, 1420816, 1420819, 1420820, 1420821, 1420822, 1420823, 1420824, 1420910, 1420911, 1421013,1421014, 1421112, 1421113, 1421120, 1421121, 1420922, 1420923, 1421005, 1421006, 1421104, 1421105, 1420317, 1420318, 1420510, 1420511, 1420502, 1420503, 1420506, 1420507, 1420508, 1420402, 1420403, 1420404, 1420405, 1420406, 1420407, 1420408, 1420409, currently zoned HM, Heavy Manufacturing District; forty-eight (48) other parcels of land bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by Bridge Street on the west: Official Tax Nos. 1421601, 1421602, 1421603, 1421201,' 1421202, 1421203, 1421624, 1421625, 1421626, 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421309, 1421310, 1421311, 1421312, 1421313, 1421314, 1421315, 1421316, 1421317, 1421318, 1421319, 1421320, 1421321, 1421322, 1421215, 1421217, 1421218, 1421219, 1421220, 1421221, 1421222, 1421223, 1421224, 1421301, 1421303, 1421304, 1421308, 1322201; six (6) parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue: Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201; and three (3) parcels owned by the City of Roanoke: Official Tax Nos. 1322110, 1421402 and 1421405, currently zoned LM, Light Manufacturing District; to RS-3, Residential Single- Family District. Rezoning of the following three (3) parcels of land on the east side of Bridge Street in the Norwich neighborhood: Official Tax Nos. 1420314, 1420901 and 1420926, currently zoned ~ Heavy Manufacturing District, to CN, Neighborhood Commercial District. 1421'109 · '~apok~ ~ Jr. 2142 HoUy Line D~-vUle, VA 24083 1421113 Albert and Doris Ca~l 2330 BerkJey Avenue, SW Roa~ke, VA 24015 1421110 Smdra A. Lan8 2131 Rmmoke Avenue. SW Roanoke. VA 24015 1421114 A~hu~ and Edna Atkin.~n 2119 Roanoke Avenue. SW Roanoke, VA 24015 1421111, 112 Jetta Fred Marsieo Rachel D. Mnr~eo 2127 Roanoke Avenue. SW Roanoke, VA 24015 1421115 Hiley and Ros~a Graham 2117 Roanoke Avenue, SW Roanoke, VA 24OI 5 1421116, 117 Will and t.~raine Hod~s 2113 Ro~ke Avenue, SW Roonok~, VA 24015 1421118 ¢~rk Pay Dm 2109 Ro~e Avenue, SW Roanoke, VA 24015 1421119 Norman Irt and Shirley Wakt,,.~ 2107 Romo~ A~muo, SW Roanoke, VA 24015 1421120 Clarence sad Ma~y ~ 2105 Roanoke Ave~e. SW Roanoke. VA 24015 1421121 EmmiU Ball 2103 Roanoke Avenue, SW Roanoke, VA 24O15 1421122 Ru~h Tbemas 2101 Roanoke Avenue, SW Roanoke, VA 24015 1421001 Edw~ L. Sweeaey 20'J W. Fo~mh S~ee~ Salem, VA 24153 1421004 Mere Frsnces Lindsey 2218 Russell Avenue, SW 1~ VA 24O15 1421007 c/o Joel C. Bu~m 2206 Russdl Avenue. SW Rom~ VA 24015 1421010 Jack C. Osks 2227 Ro~t~ke Avenue, SW Roanoke, VA 24O15 1421002 Elsie M. Wood, e~ als ~/o ,~rry McMillan, St. 4235 Norwood Sueet Roanoke, VA 24O18 1421005 971 Colbo~ne Avenu~ Vint~. VA 24179 1421008 Ri~ardandEstherK~er 1740Pome~yRoad Salem, VA 24153 1421011 Same~ and WUma Wood 2215 Roant~e Avenue. SW Roanoke, VA 24O15 1421003 ~ D. and Palricia N. Tone/ 2222 Russell Av~nze, SW Roanoke, VA 24015 1421006 Ruby New.ri New~ VA 23~ 1421009, 0322 I~ and Wik,~ J. Weeks 2303 Russell Av~u~. SW Roanoke. VA 2401S 1421013 Jeba and Beenie Riddle 4236 Lake R~d~e CirCe Troutville, VA 24175 1421014 Wende~F. B rown 9001T~raRo~l, ApL6 Vinton, VA 24179 1421015 Jc~n and LRlim Mon~ 2219 Ro~snoke Avenue. SW Roano~, VA 24015 1421017 Cu~s and L~nda Stump 2205 Roanoke Avenue, SW Roanoke, VA 24O15 1421018 Wihrd and .kg'ce Reynolds 2201 Re~noke Avenue. SW Ro~, VA 24015 142090 I, 926 4611 Penmylvsni~ Av~ue. NE Roano~, VA 24019 142O9O'/ Tms~ee~ Woedside Preab~ Chu~' 2321 Roanoke Avmue, SW RocOr. e, VA 24015 ~2O~O~.909 E~inmdJoAnnC~der 3096Ri~Dri~ Tmutvilk, VA 24175 1420917 ABm ~ Oluio,w, mis 2209 Rotate A~nue, SW R~, VA 2~15 1420402 2229 Charleveix Court, SW ~ VA 24015 142O4~ 22O5 Chark~o~x Couz~ SW P. omok~ VA 24015 142O314 ~ Fulp VA 241o 14205O6 K~ne~h L. md V~ D. Wood RR 5,1~402 RG,;ky lv{ount, VA 24151 1420510 D'-~? LeR~ Cox 222~ Rum~l Avenue, SW Ro~ VA 24105 1420513 2213 Ru~m~l Avenue, SW Ro~n~r~, VA 24015 1420910. 91 I, 912, 913,914, 55Ol Fk~st Road, NW Roan~ VA 24O12 1420919 Pe~y O. Blanke~hip 2316 Rus~.H Avenue. SW Roanoke, VA 24O15 1420403 3533 Appk~m Avenue, ~ Rc~nn~ VA 24017 1420406 Wilburn F. Wood 2213 Chadevoix Court, SW Roaneke, VA 24015 1420409 S~dE Vaden, exe~ etal c/o Bcmie IL Riddle 4236 ~ Rid~z Civic Troutvil~ VA 24175 i 420501 W~yne ~ ~ ~neHinp 2230 OudeveLx Ce t, SW Roanoke, VA 24105 14 o5o4 WaiSt V. A~s 201Laur~ I-i~1 Drive, ApL 12 V'm~n, VA 24179 1420507.5O~ 2206 Charlev~ Co~ SW ~ VA 24015 1420511 Leto Ma~ Mitc. hdl Wel~ 2221 Ru~ll Avenue, SW Roane~e, VA 24015 1420514 Leotard and Verla Whitlock 3202 Yardley Drive, NW Roan~e, VA 24012 142091'6 Donald R. Orsham 2322 Russell Avenue, SW Rmmok~, VA 24O15 1420920, 921,922, 923, 924, 925, Stutel E Vaden 2302 Rusaell Av~, SW Roineke, VA 2401S 1420404 Nan~ C. Weeks 2221 Chadevoix C.o~rt, SW Ro~zk~, VA 24105 1420825 W ker achine & Foundry C, eq). P. O. Box 4587 Roano~ VA 24015 1420502 2226 Chadeveix C, X SW Roanc4~ VA 24O15 142O5O5 F. O. snd Irene Orsy c/o hines C.~y 3870 Hyde Psrk Dri~ Roanoke, VA 24018 142O5O9 2229 R,t~JJ Avenue, SW I~ VA 24015 1420512 T. O.~e~u~ c/o ~ ~ C, illc~ie 2217 R'~'"'H Avenue, SW Roaneke, VA 24015 1420515 Peny L and Evelyn L Aikn 2205 R-**-q Avenue, SW Roanoke, VA 24015 Oarles M. Lind, Jr. 1602 Olndst~me Avenue, SE Roanoke, VA 24013 14203]S John and ¢l~rt Akers 2319 Russell Aveuue, SW Roanoke, VA 2401 $ 1420316 Join mi ¢laq AJan 2319 Rusz~l Arthur, SW Romo~, VA 240l$ 142O801 1420319. 320. 321 Metissa W~i0o~k ~'o L. J. Whi0ock 2429 Roan~k~ Avenue, SW Roan~ VA 24015 1420802 F'r~ ~ 3m/ce ~ 2141 Mountain View Te~a~e Romok~ VA 2~15 1420323 Fr~l~i~ N. Weld 3229 Brc~ Road, SW Romc4a, VA 24018 142O803, 804, 805, 806. 80'/. 80~ 8~ Eugen~ md Thelma Luc~do RR I.Box 290 Pear~ VA 24134 1420810. 811 ~cm'srd md 13~b~ Robinson 2422 Penn ~ SW R~noke., VA 24O15 1420812 .teny and Penny Rolm~n 2416 Penn Slreet, SW Romoke. VA 24015 142O816, 823, 824 Lelia K. Sweet 2417 Romolce Avem~. $W Ro~ck~ VA 24015 1420817, 818 Pen~ and I..e~is~ Allen 2429 Rmmeke Avenue, SW ~ VA 24015 142O819 2427 Roanok~ Avenue, SW Ro~o~, VA 24015 1420820. 82 I 2425 Rcmnoke ~ve~ue, $W Rmm~e, VA 24015 1420~.2. 824 2419 Ro~mke Avenue, SW Rc~ VA 24015 142O826 Evm~ L Dent, Jr. 4833 Pene..hl~ Valley Drive. NW ~, VA 24012 142O827 Slndrl lC Dent 240 i Dennis~m Avenue. SW Ro~x~, VA 24015 1421405, 402. 13221 I0 CiPy February 6, 1997 Ms. Patricia N. Toney, President Norwich Neighborhood Alliance 2222 Russell Avenue Roanoke, Virginia 24015 Dear Ms. Toney: Mayor David Bowers referred to me your recent letter regarding the possible rezoning issue of the Norwich area. By copy of this letter, ! am forwarding copies of your correspondence to John R. Marlles, Chief of Planning and Community Development, and also to Madam Alam, Neighborhood Partnership Coordinator for the City of Roanoke, and ask that they contact you personally to discuss this matter no later than February 14, 1997. Thank you for taking the time to address your concerns in writing and for your continuing interest in the City of Roanoke. Sincerely, W. Robert Herbert City Manager WRH/dh lot~n R. Mm'lies, Chi~ Piannin~ and Community Development Mariam K. Alam, Neighborhood Partnership Coordinator 21 5 Chulch Avenue $ W Roono,~e ¥,rg,n,o 2401 t DAVID A. BOWERS Mayor CITY OF ROANOKE OFFICE OF THE MAYOR 215 Church Avenue. S.W.. Room 452 Roanoke. Virginia 2401 I-1594 Telephone: 1540} 981-2444 Fax: 1540) 224~3145 February 3, 1997 FEB 0 5 1997 W. Robert Herbert City Manager 215 Church Avenue, S. W. Room 364 Roanoke, Virginia 24011 Dear Bob: Please find enclosed correspondence received in the Mayor's Office on January 29, 1997, from Pat Toney, President of the Norwich Neighborhood Alliance. Please review the correspondence and refer it to the appropriate department of your administration for response. Norwich is an integral residential neighborhood in our City, although It does have Light Manufacturing on the fringes along the River and the railroad tracks. I would suggest that Marlam Alam of the Neighborhood Partnership, or another department of the City, contact Ms. Toney to respond to her inquiries and concerns. Thank you. Sincerely, David A. Bowers Mayor DAB:Jas:js Enclosure pc: Members, Roanoke City Council Patricia N. Toney, President, 2222 Russell Avenue, Roanoke, Norwich Neighborhood Alliance, Virginia 24015 NORWICH NEIGHBORHOOD ALLIANCE Mayor David A. Bowers 215 Chuzch Avenue, S. W. Room 452, Mun~ipal Buikiln~ Roanoke, VA 24011 RECEIVED J,4N 2 9 1997 MAYOR'S OFF CE We would h~e to I:alug to your ati~,,ilon a problem we have in our co,,~,,~mity, a small section ofS. W. Roanoke City called Norwich. We have about seventy-five houses in our co.~,~unity, and about six or seven businesses on the outskirts of the houses. Thru research of our community, we have found that the area's o 'nginal use was intended for induztry. The co,~..onity is is located in a flood zone. Therefore industri~ have stead~ moved out, and new businesses have not replaced then~ The r~idents have remained. Som~ have lived their entire live$ in thiq go~. We feel fommate in that w~ have one of the lowest ¢,im~ rates of the City and we are proud we have had a resident to attend Harvard University. Presently we a~ zoned as heavy to light manufacturing. We would h~e to be re-zoned to Residential. At this time we cannot get a permit for additions or major · .,m!~ovements to our homes. We are only asking for the homes to be re-zoned as all of the houses are in use. Residents cannot put a deck on their homes, nor rebuiki the homes if they a~ d~stroyed due to fn~ We would hlce to be able to make some changes to our homes as our fnmilies ~ decrease, or -:,,-..ly make '?mvemmts. For some, our home is ail we have. We n:~ request y~m' a~si~ance in havin~ our area re-zoned, We w~l a~,io~te any assistance you c~n si~ us. Pat Toney, President Norwich Neighbo Alliance 2222 Russell Avenue Roanoke, VA 24015 The Roanoke Times Ad Number: 52968393 Publisher' s Fee: $531.20 CITY OF ROANOKE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S. W. 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, 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: 05/29/97 FULL RUN - Thursday 06/05/97 FULL RUN - Thursday Witness, this 9th day of June 1997 Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM ~T MAY CONCERN: I Code of the City ~lR°o~anoke (1979), as amended, the Coun day, June lite, 1~7, at 7:00 p.m. In the Count C~mber in ~ queation no the follow ng properSes: THE ROANOKE TIMES Ad Number: Publisher's Fee: $ ~], ~.'~ 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, 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: JC HEARli Witness, this )~-? day of~L/L~ , /q~7. 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, June 16, 1997, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning the following properties: From HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District: The following one hundred and fourteen (114) parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west, and bearing Official Tax Nos. 1420806 1420812 1420821 1420827 1420912 1421013 1421110, 1421116 1421122 1420922 1421003 1421009 1421106 1420317 1420323 1420514 1420504 1420403 1420409. 1420801 1420807 1420816 1420822 1420907 1420913 1421014 1421111 1421117 1420916 1420923 1421004 1421101 1421107 1420318 1420509 1420515 1420505 1420404 1420802 1420808 1420817 1420823 1420908 1420914 1421015 1421112 1421118, 1420917 1420924 1421005 1421102 1421108 1420319 1420510 1420516 1420506 1420405 1420803 1420809 1420818 1420824 1420909 1421010 1421016 1421113 1421119 1420919 1420925 1421006 1421103 1421109 1420320 1420511 1420501 1420507 1420406 1420804 1420805, 1420810 1420811, 1420819 1420820, 1420825 1420826, 1420910 1420911, 1421011 1421012, 1421017 1421018, 1421114 1421115, 1421120, 1421121 1420920 1420921 1421001 1421002 1421007 1421008 1421104 1421105 1420315 1420316 1420321 1420322 1420512 1420513 1420502 1420503 1420508 1420402 1420407 1420408 B) From LM, Light Manufacturing District, to RS-3, Residential Single-Family District: The following forty-eight (48) other parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by Bridge c) Street 1421601 1421624 1421204 1421210 1421313 1421319 1421218 1421224 on the west, and 1421602 1421603, 1421625 1421626, 1421205 1421206,. 1421211 1421309, 1421314 1421315, 1421320 1421321, 1421219 1421220, 1421301 1421303, bearing 1421201 1421627 1421207 1421310 1421316 1421322 1421221 1421304 Official Tax Nos. 1421202, 1421203, 1421628, 1421629, 1421208, 1421209, 1421311, 1421312, 1421317, 1421318, 1421215, 1421217, 1421222, 1421223, 1421308, 1322201; the following six (6) parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, and bearing Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201; and the following three (3) parcels of land bounded on the north by Roanoke Avenue and on the west by Rolfe Street (known as Norwich Park and Recreation Center), owned by the City of Roanoke, and bearing Official Tax Nos. 1322110, 1421402 and 1421405. From HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District: The following three (3) parcels of land in the Norwich neighborhood located in the southwest quadrant of the City on the east side of Bridge Street, and bearing Official Tax Nos. 1420314, 1420901 and 1420926. 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 ~th day of May , 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune. once on Thursday, June 5, 1997. 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 Publish in the Roanoke Times, once on Thursday, May 29, 1997, and once on Thursday, June 5, 1997. 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: (540) 853-254 I Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 4, 1997 File #51 Property Owners Norwich Neighborhood Roanoke, Virginia Dear Property Owners: 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 to be held on Monday, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, $. W., on the request of the City Planning Commission that 114 parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, Roanoke Avenue on the south, Ashlawn Street on the east, and Bridge Street or Irvine Street on the west, identified as Official Tax Nos. 1420801 - 1420812, inclusive, 1420816 - 1420827, inclusive, 1420907 - 1420914, inclusive, 1421010- 1421018, inclusive, 1421110- 1421122, inclusive, 1420916, 1420917, 1420919- 1420925, inclusive, 1421001 -1421009, inclusive, 1421101 - 1421109, inclusive, 1420315 - 1420323, inclusive, 1420509 - 1420516, inclusive, 1420501 - 1420508, inclusive, 1420402 - 1420409, inclusive, be rezoned from HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District; 48 parcels of land bounded generally by Roanoke Avenue on the north, Norwich Park on the east; and Bridge Street on the west, identified as Official Tax Nos. 1421601 - 1421603, inclusive, 1421201 - 1421203, inclusive, 1421624- 1421629, inclusive, 1421204- 1421211, inclusive, 1421309 - 1421322, inclusive, 1421215, 1421217 - 1421224, inclusive, 1421301, 1421303, 1421304, 1421308, and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; six parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, identified as Official Tax Nos. 1322002 - 1322004, inclusive, 1322026, 1322027 and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; Property Ownem Norwich Neighborhood June 4,1997 Page 2 three parcels of land owned by the City of Roanoke, identified as Official Tax Nos. 1322110, 1421402 and 1421405, be rezoned LM, Light Manufacturing District, to RS-3, Residential Single-Family District; and three parcels of land on the east side of Bridge Street, identified as Official Tax Nos. 1420314, 1420901 and 1420926, be rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. The City Planning Commission has recommended approval of the request with the exception of Official Tax No. 1421305 (the oil storage warehouse), inasmuch as the area to be rezoned is a viable neighborhood with an active park and churches; neighborhood character and environmental quality would be protected; the neighborhood and neighborhood quality would be conserved and enhanced; and small-scale neighborhood services would be retained. If you have questions with regard to the City Planning Commission report, please contact John R. Marlles, Agent, City Planning Commission, at 853-23~.~.. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Property Owners NorwJchNeighborhood June 4,1997 Page 3 pc: Mr. and Mrs. Russell J. Eanes, 1745 Roanoke Avenue, S. W., Roanoke, Virginia 24015 , Mr. and Mrs. Raymond Jackson, 1741 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Joseph Wells, 2209 Buford Avenue, S. W., Roanoke, Virginia 24015 Lucian Y. Grove, President, Contracting Enterprises, Inc., P; O. Box 13725, Roanoke, Virginia 24036 Mr. and Mrs. Welford Bowles, 1815 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Sidney L. Huffman, P. O. Box 2476, Roanoke, Virginia 24010 Mr. and Mrs. Wallace Hines, 2210 Buford Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Herman Wright, 2202 Buford Avenue, S. W., Roanoke, Virginia 24015 Ms. Marion McDaniel and Mr. Douglas W. McDaniel, Sr., P. O. Box 19135, Roanoke, Virginia 24034 Mr. and Mrs. C. L. Cromer and Ms. Phyllis S. Laster, 2003 Rice Avenue, Salem, Virginia 24153 Mr. and Mrs. Coy Bowling, 2428 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Trustees, Roanoke Avenue Baptist Church, 2205 Roanoke Avenue, S. W., Roanoke, Virginia 24015 /Cardinal Metals, Inc., 2200 Buford Avenue, S. W., Roanoke, Virginia 24015 Ora Puckett - Life Estate, c/o Joseph E. Wells, 170 Poplar Point Drive, Hardy, Virginia 24101 Mr. Clark R. Dent, 2109 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Richard Kiser, 1740 Pomeroy Road, Salem, Virginia 24153 Mr. and Mrs. Norman M. Waldron, 2107 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Douglas Weeks, 2303 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Clarence Graham, 2105 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Jack C. Oaks, 2227 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Emmitt Ball, 2103 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. James Wood, 2215 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Ruth Thomas, 2101 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Riddle, 4236 Lake Ridge Circle, Troutville, Virginia 24175 Mr. Edward L. Sweeney, 203 W. Fourth Street, Salem, Virginia 24153 Mr. Wendell F. Brown, 900 Niagre Road, Apartment 6, Vinton, Virginia 24179 Ms. Elsie M. Wood, et als, c/o Mr. Jerry McMillan, Sr., 4235 Norwood Street, S. W., Roanoke, Virginia 24015 Property Owners Norwich Neighborhood June 4, 1997 Page 4 pc: Mr. and Mrs. Larry D. Toney, 2222 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Curtis Stump, 2205 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Mona F. Lindsey, 2218 Russell Avenue, S. W., Roanoke, Virginia 24015 24015 Mr. and Mrs. Willard Reynolds, 2201 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Judy S. Byers, 971 Colbourne Avenue, Vinton, Virginia 24179 Mr. and Mrs. Leslie J. Cooper, 4611 Pennsylvania Avenue, N. E., Roanoke, Virginia 24019 Ms. Ruby Waldron, c/o Joyce Dent, 905 Prestwick Lane, Newport News, Virginia 23602 Trustees, Woodside Presbyterian Church, 2321 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Erwin Crider, 3096 Ridgeway Drive, Troutville, Virginia 24175 Ms. Georgia N. Farris, c/o Mr. Joel C. Burton, 2206 Russell Avenue, S. W., Roanoke, Virginia 24015 Trustees, Church of God of Prophecy, 5501 Florist Road, N. W., Roanoke, Virginia 24012 Ms. Ruby V. Ails and Mr. George E. Ails, 2203 Buford Avenue, S. W., Roanoke, Virginia 24015 Ms. Melissa A. Buckner, 1110 Hannah Circle, S. W., Lot 84, Roanoke, Virginia 24016 Ms. Bertie B. Poff, 902 Bridge Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Wilson Kinsey, 1075 Kinsey Lane, Boones Mill, Virginia 24065 Three-O-One Gilmer Association, c/o Commercial Investment, P. O. Box 3220, Roanoke, Virginia 24015 Mr. and Mrs. Warren Johns, 2110 Russell Avenue, S. W., Roanoke, Virginia 24015 M & W Properties, Inc., c/o Robert Woodward, 3322 Brambleton Avenue, S. W., Roanoke, Virginia 24018 Mr. Jeffrey A. Harger, 2621 Churchhill Drive, N. W., Roanoke, Virginia 24012 Four R Enterprises, 2018 Laburnum Avenue, S. W., Roanoke, Virginia 24015 Mr. Napoleon Jones, Jr. and Maggie Jones, 2142 Holly Lane, Daleville, Virginia 24083 Mr. and Mrs. Maurice Wilbur, 2308 Roanoke Avenue, S. W., Roanoke, Virginia 24012 Ms. Sandra A. Lang, 2131 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. John F. Marisco and Ms. Rachel D. Marsico, 2127 Roanoke Avenue, S. W. Roanoke, Virginia 24015 Property Owners Norwich Neighborhood June 4, 1997 Page 5 pc: Mr. and Mrs. Lynwood Wright, 2320 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Albert Cadd, 2330 Berkley Avenue, S. W., Roanoke, Virginia 24015 Ms. Christine L. Busse and Mr. Jimmy E. Hall, 2116 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Arthur Atkinson, 2119 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Hiley Graham, 2117 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Eldridge L. Adams, 2608 Bandy Road, S. E., Roanoke, Virginia 24014 Mr. and Mrs. Joseph Quinn, 2130 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Will Hodges, 2113 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Donald R. Graham, 2322 Russell Avenue, S. W., Roanoke, Virginia 24015 Walker Machine & Foundry Corporation, P. O. Box 4587, Roanoke, Virginia 24015 Mr. Allen M. Glasgow, et. als, c/o Ms. Melody Graham, 2209 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Richard Fulp, 615 Lucerne Street, N. W., Roanoke, Virginia 24017 Ms. Peggy Blankenship, 2316 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs~ Wayne Snellings, c/o Arlene Snellings, 2230 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. Sturel E. Vaden, 2302 Russell Avenue, S. W., Roanoke, Virginia 24015 Ms. Mazie A. Jackson, 2226 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Alvie Gray, 2229 Charlevoix Court, $. W., Roanoke, Virginia 24015 Ms. Derma S. Bayse, 2222 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Casablanca Mills, 3533 Appleton Avenue, N. W., Roanoke, Virginia 24017 Mr. Walter V. Ails, 201 Laurel Hill Drive, Apartment 12, Vinton, Virginia 24179 Ms. Nancy C. Weeks, 2221 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. F. G. Gray, c/o Mr. James Grey, 3870 Hyde Park Drive, S. W., Roanoke, Virginia 24018 Mr. and Mrs. Daryel W. Wood, 2217 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Kenneth L. Wood, Rural Route Five, Box 402, Rocky Mount, Virginia 24151 Mr. Wilburn F. Wood, 2213 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Issac Bailey, 2206 Charlevoix Court, S. W., Roanoke, Virginia 24015 Property Owners Norwich Neighborhood June 4,1997 Page 6 Mr. and Mrs. Clyde Sparks, 2209 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Joseph Hamm, 2229 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Norman Schilling, 2205 Charlevoix Court, S. W., Roanoke, Virginia 24015 Mr. Danny L. Cox, 2225 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. Sturel E. Vaden, exec. et al, c/o Ms. Bonnie R. Riddle, 4236 Lake Ridge Circle, Troutville, Virginia 24175 Ms. Lena M. Welch, 2221 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. T. G. Musselman, et ux, cio Mr. Millard Gillespie, 2217 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Eugene Lucado, Rural Route One, Box 290, Pearisburg, Virginia 24134 Mr. and Mrs. Charles Bowman, 2213 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Howard Robinson, 2422 Penn Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Leonard Whitlock, 3202 Yardley Drive, N. W., Roanoke, Virginia 24012 Mr. and Mrs. Jerry Robertson, 2416 Penn Street, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Perry L. Allen, 2205 Russell Avenue, S. W., Roanoke, Virginia 24015 Ms. Lelia K. Sweet, 2417 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. Charles M. Land, Jr., 1602 Gladstone Avenue, S. E., Roanoke, Virginia 24013 Mr. and Mrs. Perry Allen, 2429 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. John Akers, 2319 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Roy Weeks, 2427 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Coy Bowling, 2425 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Warren Johns, 2311 Russell Avenue, S. W., Roanoke, Virginia 24016 Mr. Jessie Lee Hale, 2419 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Melissa Whitlock, cio Mr. L. J. Whitlock, 2429 Roanoke Avenue, S. W., Roanoke, Virginia 24015 Ms. Frederica N. Weld, 3229 Bromley Road, S. W., Roanoke, Virginia 24018 Mr. Everett L. Dent, Jr., 4833 Peachtree Valley Drive, N. W., Roanoke, Virginia 24017 Ms. Sandra K. Dent, 2401 Denniston Avenue, S. W., Roanoke, Virginia 24015 Ms. Gay B. Martin, Box 152, Copper Hill, Virginia 24079 Mr. and Mrs. Frances Castler, 2141 Mountain View Terrace, Roanoke, Virginia 24015 Patricia Toney, President, Norwich Neighborhood Alliance, 2222 Russell Avenue, S. W., Roanoke, Virginia 24015 Mr. Robert O. Gray, 1837 Carlton Road, S. W., Roanoke, Virginia 24015 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 27, 1997 File #51-514 Gilbert E. Butler, Jr., Chair City Planning Commission 2416 Wycliffe Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 the City Planning Commission requesting that 114 parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, Roanoke Avenue on the south, Ashlawn Street on the east, and Bddge Street or Irvine Street on the west, identified as Official Tax Nos. 1420801 - 1420812, inclusive, 1420816 - 1420827, inclusive, 1420907 1420914, inclusive, 1421010 1421018, inclusive, 1421110- 1421122, inclusive, 1420916, 1420917, 1420919- 1420925, inclusive, 1421001 - 1421009, inclusive, 1421101 - 1421109, inclusive, 1420315- 1420323, inclusive, 1420509 1420516, inclusive, 1420501 1420508, inclusive, 1420402 - 1420409, inclusive, be rezoned from HM, Heavy Manufacturing District, to RS~, Residential Single-Family District; 48 parcels of land bounded generally by Roanoke Avenue on the north, Norwich Park on the east; and Bridge Street on the west, identified as Official Tax Nos. 1421601 - 1421603, inclusive, 1421201 - 1421203, inclusive, 1421624 - 1421629, inclusive, 1421204 - 1421211, inclusive, 1421309 - 1421322, inclusive, 1421215, 1421217- 1421224, inclusive, 1421301, 1421303, 1421304, 1421308, and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; six parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, identified as Official Tax Nos. 1322002 - 1322004, inclusive, 1322026, 1322027 and 1322201, be razoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; three parcels of land owned by the City of Roanoke, identified as Official Tax Nos. 1322110, 1421402 and 1421405, be rezoned from Gilbert E. Butler, Jr. May 27, 1997 Page 2 LM, Light Manufacturing District, to RS-3, Residential Single-Family District; and three parcels of land on the east side of Bridge Street, identified as Official Tax Nos. 1420314, 1420901 and 1420926, be rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. Sin~rely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council John R. Marlles, Agent, City Planning Commission Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Staven J. Talevi, Assistant City Attorney FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of the following one hundred and fourteen (114) parcels of land in the Norwich neighborhood in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west: Official Tax Nos. 1420801, 1420802, 1420803, 1420804, 1420805, 1420806, 1420807, 1420808, 1420809, 1420810, 1420811, 1420812, 1420816, 1420817,1420818,1420819,1420820,1420821,1420822,1420823,1420824, 1420825,1420826,1420827,1420907,1420908,1420909,1420910,1420911, 1420912,1420913,1420914,1421010,1421011,1421012,1421013,1421014, 1421015,1421016,1421017,1421018,1421110,1421111, 1421112, 1421113, 1421114,1421115,1421116,1421117,1421118,1421119,1421120,1421121, 1421122,1420916,1420917,1420919,1420920,1420921,1420922,1420923, 1420924,1420925,1421001,1421002,1421003,1421004,1421005,1421006, 1421007,1421008,1421009,1421101,1421102,1421103,1421104,1421105, 1421106,1421107,1421108,1421109,1420315,1420316,1420317,1420318, 1420319,1420320,1420321,1420322,1420323,1420509,1420510,1420511, 1420512,1420513,1420514,1420515,1420516,1420501,1420502,1420503, 1420504, 1420505, 1420506, 1420507, 1420508, 1420402, 1420403, 1420404, 1420405, 1420406, 1420407, 1420408, 1420409, currently zoned HM, Heavy Manufacturing District; forty-eight (48) other parcels of land bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by Bridge Street on the west: Official Tax Nos. 1421601, 1421602, 1421603, 1421201, 1421202, 1421203, 1421624, 1421625, 1421626, 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421309, 1421310, 1421311, 1421312, 1421313, 1421314, 1421315, 1421316, 1421317, 1421318, 1421319, 1421320, 1421321, 1421322, 1421215, 1421217, 1421218, 1421219, 1421220, 1421221, 1421222, 1421223, 1421224, 1421301, 1421303, 1421304, 1421308, 1322201; six (6) parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue: Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201; and three (3) parcels owned by the City of Roanoke: Official Tax Nos. 1322110, 1421402 and 1421405, currently zoned LM, Light Manufacturing District; to RS-3, Residential Single- Family District. Rezoning of the following three (3) parcels of land on the east side of Bridge Street in the Norwich neighborhood: Official Tax Nos. 1420314, 1420901 and 1420926, currently zoned HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to authorize the filing of a petition to rezone at its April 2, 1997, meeting and at its May 7, 1997, meeting having moved to recommend approval of the requested rezonings with the exception of the parcel with Official Tax No. 1421305, then pursuant to the requirement of Section 15.1-491, Code of Virginia (1950), as amended, and Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this First Amended Petition to Rezone land in the City of Roanoke containing 23 acres, more or less. A map of the property to be rezoned is attached as Exhibit A. The Planning Commission would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City and concluded that zoning of the subject properties should be consistent with the existing land uses and that the present LM, Light Manufacturing, and HM, Heavy Manufacturing, districts are not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcels of land bearing the official tax numbers listed above, lying in the southwest quadrant of the City be rezoned from LM, Light Manufacturing, and HM, Heaw Manufacturing, district to RS-3, Residential Single-Family District and CN, Neighborhood Commercial District. The owners of these parcels of land are identified in Exhibit B, attached. 3. It is submitted that the rezoning of the subject area will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by: (1) making the existing use of the subject properties consistent with the proper zoning category; (2) ensuring that the subject properties will be used in the future in a manner that will not negatively impact adjoining properties; and facilitating preservation of neighborhood character. 4. As this rezoning entails more than 25 parcels of land, adjoining property owner notification is not required as set out in Sec. 15.1-431, Code of Virginia (1950), as amended. WHEREFORE, the Planning Commission of the City of Roanoke requests that the subject property be rezoned from LM, Light Manufacturing, and HM, Heavy Manufacturing, districts to RS-3, Residential Single-Family District, and CN, Neighborhood Commercial District, and that the City's zoning maps be amended accordingly. Respectfully submitted thiso~ ~ day of May 1997, ROANOKE CITY PLANNING COMMISSION Chairman 13~2026, 1322004 1322027 · ,ssell J. and Frances Eanes Raymond and Dorothy Jackson 1745 Roanoke Avenue, SW 1741 Roanoke Avenue, SW Roanoke, VA 24015 Roanoke, VA 24015 1322002. Contra~ting Ente~pris~ Inc. P. O. Box 13725 Roanoke, VA 24036 1322003 Welford and Edith Bowles 1815 Roanoke Avenue, SW Roanoke, VA 24015 1322201 Sidney L. Huttman P. O. Box 2476 Roanoke, VA 24010 1421624, 625, Wallace and Claudine Hines 2210 Buford Avenue, SW Roanoke, VA 24015 1421626, 627,628 Hm~an ana Ma~ Wri~ 2202 Buford Avenue, SW Roanoke, VA 24015 1421304, 303 Coy and Elva Bowling 2428 Roanoke Avenue, SW Roanoke, VA 24015 1421629 Marion McDmiel Douglas W. McDmiel, Sr. P. O. Box 19135 Roanoke. VA 24034 1421308 Tmstes~ Roanoke Avenue Baptis~ Church 2205 Roanoke Avenue, SW Roanoke, VA 24015 1421301,204, 205,012,1016 C.L. and Benulah Crom~ Phyllis S. La,er 2003 Riue Avenue Salem, VA 24153 1421309, 310, 31 I, 312, 313, Cardinal Meads Inc. 2200 Buford Avenue, SW Roanoke, VA 24015 1421314, 315, 316, 317, 318, 319 Ora Puckett - Lifo Estate c/o Joseph E. Wells 170 Poplar Point Drive Hardy, VA 24101 1421201 Three-O-One Oilmer Assce c/o Commercial Investment P. O. Box 3220 Roanoke, VA 24015 1421206 Bruce Wayne Wisemen 2441 Memorial Avenue, SW Roanoke, VA 24015 1421215 Lynwood and Lisa Wright 2320 Roanoke Avenue, SW Roanoke, VA 24015 1421101,102, JosephandCarolynQuinn 2130Rusaell Avenue, SW Roanoke, VA 24015 1421320, 321,322 Ruby V. Ails George E. Ails 2203 Buford Avenue, SW Roanoke, VA 24015 1421202 M & W Prol~rties, Ira. c/o Robert Woodward 3322 Brambleten Avenue, SW Roanoke, VA 24018 1421207,208, 209, 218, 219, 220, 221, 222, 223 Marque and Fl°~Sie Wilbux 2308 Roanoke Avenue, SW Roanoke, VA 24012 1421217 Christine L. Busse Jimmy E. Hall 2316 Roanoke Avenue, SW Roanoke, VA 24015 1421103 Me~ssaA. Buckaer 1110 Hannah Circl~Lot84 Roanoke, VA24016 1421601, 602, 603 Berrie B. Poff 902 Bridge Street, SW Roanoke, VA 24015 1421203 Four R Enterprises 2018 Laburnum Avenue, SW Roanoke, VA 24015 1421210,211 Loui~eandVemieMe~z 815WarwickAvenue, SW Roanoke, VA 24015 1421224 EldridgeLandAnnaH. Adams 2608BandyRoad, SE Roanoke, VA 24014 1421104, 105 WflsonandJoyceKinsey 1075KinseyLane Boon~Mill, VA 24065 1421106 Jesse James Divers 2114 Russell Avenue, SW Roanoke, VA 24015 1421107 Warren and Sierra Johns 2110 Russell Avenue, SW Roanoke, VA 24015 1421108 Jefft~yA. H argex 2621ChmehillDrive, NW Roanoke, VA 24012 ?'~71109 Napoleon Jones, .Ir. Maggie Sones 2142 Holly Lane Daleville, VA 24083 1421113 Albert and Doris Cadd 2330 Berldey Avenue, SW Roanoke, VA 24015 1421110 Sandra A. Lan8 2131 Roanoke Avenue, SW Roanoke, VA 24015 1421114 3a~hur and Edna Atkinson 2119 Roanoke Avenue, SW Roanoke, VA 24015 142111 I, 112 John Fred Marsico Rachel D. Marsico 2127 Roanoke Avenue, SW Roanoke. VA 24015 1421115 Hiley and Rosona Graham 2117 Roanoke Avenue, SW Roanoke, VA 24015 1421116,117 WiHandLorraine Hodges 2113 RoanokeAvonue, SW Roanoke, VA 24015 1421118 Clank Ray Dent 2109 Roanoke Avenue, SW Roanoke, VA 24015 1421119 No. nan M. and Shirley Waldron 2107 Roanoke Avenue, SW Roanoke, VA 24015 1421120 ClaranceandMaryGraham 2105RoanokeAvenue, SW Roanoke, VA 24015 1421121 Emmitt Ball 2103 Roanoke Avenue, SW Roanoke, VA 24015 1421122 Ru~Thomm 2101 Roanoke Avenue, SW Ronnoke, VA 24015 1421001 EdwardL. Sweeney 203W. FoutthSWeet Salem, VA 24153 1421004 Mona Franees Lindsey 2218 Russell Avenue, SW Roanoke, VA 24015 1421007 Georgia Neighbue~ Fnms c/o Joel C. Burton 2206 Ruseell Avenue, SW Roanoke, VA 24015 1421010 JaokC. Oaks 2227RoanokeAvenue, SW Roanoke. VA 24015 1421002 Els~M. Wood,~als ~oJe~yMcMillan, Sr. 4235NorwoodStreet Roanoke, VA 24018 1421005 Judy s. 971ColboumeAvonue V~ton, VA 24179 1421008 RiahardandEs~erKJser 1740 PomeroyRoad S~e~n, VA 24153 1421011 James and WilmA Wood 2215 Roanoke Avenue. SW Roanoke, VA 24015 1421003 Lany D. and Patrieia N. Touey 2222 Rn**-ll Avenue, SW Roanoke, VA 24015 1421006 Ruby Waldron c/o Jo~e Dent ~05 P~estwiok Lane Newpo~ News, 'vA 23602 1421009, 0322 Dooglas arid Wilton J. Weeks 2303 Russell Avenue, SW Roanoke, VA 24015 1421013 JohnandBonnieRiddle 4236LakeRidgeCircle TmutviHe, VA 24175 1421014 WendeH F. Brown 900NiagraRond, Apt 6 Vinton, VA 24179 1421015 John and Lillian Morris 2219 Roanoke Avenue, SW Roanoke, VA 24015 1421017 Curtis and Linda Stump 2205 Roanoke Avenue. SW Roanoke. VA 24015 1421018 WilIard and Joyee Reynolds 2201 Roanoke Avenue, SW Roanoke, VA 24015 142090 I, 926 Leslie J. and Margaret Cooper 4611 Pennsylvania Avenue, NE Roanoke, VA 24019 1420907 Trustees, Woodside Preah~erian Chumh 2321 Roanoke Avenue, SW Roanoke, VA 24015 1420908, 909 Erwin and JoAnn Crider 3096 Ridgew&y Drive Troutville, VA 24175 1420910, 91 I, 912, 913,914, Trustees, Church of God of Prophecy 5501 Florist Road, NW Roanoke, VA 24012 14209 I6 Donald R. Graham 2322 Russell Avenue, SW Roanoke, VA 24015 1420917 Allen M. Glasgow, etals c/o Meledy Graham 2209 Roanoke Avenue, SW Roanoke, VA 24015 1420402 Alvie and Louise Gray 2229 Charlevoix Court, SW Roanoke, VA 24015 1420919 Peggy G. Blankenship 2316 Russell Avenue, SW Roanoke, VA 24015 1420403 Casablanca and Ma~7 Mills 3533 Appleton Avenue, NW Roanoke, VA 24017 1420920, 921,922, 923,924,925, SturelE. Vaden 2302 R~t*nellAvenue, SW Roanoke, VA 24015 1420404 Nan~y C. W~d~a 2221 Chaslevoix Court, SW Roanoke, VA 24105 1420405 DarynlW. andLisaM. Wood 2217 CharlevoixCourLSW Roanoke, VA 24016 142O4O6 Wilbum F. Wood 2213 Charlevoix Court, SW Roanoke, VA 24015 1420407 Clyd~ and Mazy Sparks 2209 Charlevoix Court, SW Roanoke, VA 24015 1420408 Norman and Maxiue Schilling 2205 Chadevoix Court, SW Roanoke, VA 24015 1420314 Richard Fulp 615 Lux'ne Slree(, NW Roanoke, VA 24107 1420503 Derma S. Boyse 2222 Charlevoix Court, SW Roaa~e, VA 24015 1420506 Kenueth L. and Vanessa D. Wood RR 5, Box402 Rueky Mount, VA 24151 1420409 Sturd.E. Vaden, exe~ etal c/o Bonnie R. Riddle 4236 Lake Ridge Circle Troutville, VA 24175 1420501 Wayne and Arlene Snellings do Arlene Snellinsa 2230 Charlevo/x Court, SW Roanoke, VA 24105 1420504 Walter V. Ails 201 Laurel Hill Drive, Apt 12 Vinton, VA 24179 1420507, 508 Issa~ and Virsinia Bailey 2206 Charlevoix Court, SW Roanoke, VA 24015 1420825 Walke~ Machiue & Foue~t Corp. P. O. Box 4587 Roanoke, VA 24015 1420502 MazieA. Jaoksoo 2226CharlevoixCourLSW Roanoke, VA 24015 1420505 F. G. and Irene Gray cio James Gray 3870 Hyde Park Drive Roanoke, VA 24018 1420509 Jeaeph and Deborah Hanlm 2229 Ruasell Avenue, SW Roanoke, VA 24015 1420510 Danny LeRoy Cox 2225 RtmeH Avenue, SW Roanoke, VA 24105 1420513 Chades and ~ Bowman 2213 Ru,t~ll Avenue, SW Roanoke, VA 24015 142051 I Lena Mae Mitchell Welch 2221 RtmeH Avenue, SW Roanoke, VA 24015 1420514 Leonard and Verla Whitlo~k 3202 Yardley Drive, NW Roanoke, VA 24012 1420512 T. O. Musaleman, et ux c/o Mrs. MiHard Gillespie 2217 Russell Aveaue, SW Roanoke, VA 24015 1420515 P~ny L. and Evelyn L. Allen 2205 R-*_~ll Avenue, SW Roanoke, VA 24015 1420516 Charles M. Land, .Ir. 1602 Gladstone Avenue, SE Roanoke, VA 24013 1420315 $ohnandClaraAkers 2319 RusseH Avenue, SW Roanoke, VA 24015 142O316 JohnandClaraAkers 2319 Russell Avenue, SW Roanoke, VA 24015 1420317, 318 Warren and Shirley Johns 2311 Russell Avenue, SW Roanoke, VA 24106 1420801 Gay Bniley Mar~n Box 152 Copper Hill, VA 24079 1420319, 320, 321 Melissa Whitlock edo L. J. Whitlock 2429 Roanoke Avenue, SW Roanoke, VA 24015 1420802 FraueesandJaniceCastler 2141Mo~mtainViewTerraue Roanoke, VA 24015 1420323 Frederica N. Weld 3229 B,,.~ley Road, SW Roanoke, VA 24018 1420803, 804, 805, 806, 807, 808, 809 Eugene and 'fhelma Lucado RR I, BOx 290 Pearisburg, VA 24134 1420810, 811 Howard and Barbara Robinson 2422 Penn Strut, SW Roanoke, VA 24015 1420812 Je~y and Penny Robertmm 2416 Penn Street, SW Roanoke, VA 24015 1420816, 823,824 Lelia K. Swe~ 2417 Roanoke Avenue, SW Roenoke, VA 24015 1420817, 818 Pervj and Louise Allen 2429 Roanoke Avenue, SW Roanoke, VA 24015 1420819 Roy and Bobbie Weeks 2427 Roanoke Avenue, SW Roanoke, VA 24015 1420820, 821 Coy and Eiva Bowling 2425 Roanoke Avenue, SW Roanoke, VA 24015 1420822, 824 Je~ie Lue Hale 2419 Roanoke Avenue, SW Roanoke, VA 24015 1420826 Evem~L. Den~Jr. 4833 Pe~w, hffeeValleyDrive, NW Ronnoke, VA 24012 1420827 Sandra K. Dent 2401 Denniaton Avenue, SW Roanoke, VA 24015 1421405, 402, 1322110 City of Roenoke TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: City of Roanoke to rezone 175 parcels, more or less, in the Norwich ) area of southwest Roanoke, generally bounded by Penn, Charlevoix, ) Roanoke and Ashlawn, NS Railway line, from HM and LM to )AFFIDAVIT RS-3 and CN ) 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 28th day of April, 1997, notices of a public hearing to be held on the 7th day of May, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address 1322026, 1322004 Russell J. and Frances Eanes 1745 Roanoke Avenue, SW Roanoke, VA 24015 1322027 Raymond and Dorothy Jackson 1741RoanokeAvenue, SW Roanoke, VA 24015 1322002. Contracting EnterprisesInc. P. O. Box 13725 Roanoke, VA 24036 1322003 Welford and EdkhBowles 1815RoanokeAvenue, SW Roanoke, VA 24015 1322201 SidneyL. Huffman P. O. Box 2476 Roanoke, VA 24010 1421624, 625, Wallace and Claudine Hines 2210 Buford Avenue, SW Roanoke, VA 24015 1421626,627,628 Herman and MaryWfight 2202 Buford Avenue, SW Roanoke, VA 24015 1421629 Marion McDaniel Douglas W. McDaniel, Sr. P. O. Box 19135 Roanoke, VA 24034 1421301, 204, 205,012,1016 C.L. and BeaulahCromer Phyllis S. LaMer 2003RiceAvenue Salem, VA 24153 1421304,305,303 Coy and ElvaBowling 2428RoanokeAvenue, SW Roanoke, VA 24015 1421308 Trustees, Roanoke Avenue Baptist Church 2205RoanokeAvenue, SW Roanoke, VA 24015 1421309, 310, 311,312, 313, Cardinal Metals Inc. 2200 Buford Avenue, SW Roanoke, VA 24015 1421314, 315, 316, 317, 318, 319 Ora Puckett - Life Estate c/o Joseph E. Wells 170 Poplar Point Drive Hardy, VA 24101 1421118 Clark RayDent 2109RoanokeAvenue, SW Roanoke, VA 24015 1421119 NormanM. and ShfleyWaldron 2107RoanokeAvenue, SW Roanoke, VA 24015 1421120 Clarence and MaryGraham 2105RoanokeAvenue, SW Roanoke, VA 24015 1421121 Emmitt Ball 2103RoanokeAvenue, SW Roanoke, VA 24015 1421122 Ruth Thomas 2101RoanokeAvenue, SW Roanoke, VA 24015 1421001 Edward L. Sweeney 203 W. Fourth Street Salem, VA 24153 1421002 Elsie M. Wood, et als e/o Jeny McMillan, Sr. 4235 Norwood Street Roanoke, VA 24018 1421003 Larry D. and P~dciaN. Toney 2222 Russell Avenue, SW Roanoke, VA 24015 1421004 Mona Frances Lindsey 2218 Russell Avenue, SW Roanoke, VA 24015 1421005 Judy S. Byers 971Colboume Avenue Vinton, VA 24179 14210O6 Ruby Waldron c/o Joyce Dent 905 Prestwick Lane Newport News, VA 23602 1421007 Georgia Neighbors Farris c/o Joel C. Burton 2206 Russell Avenue, SW Roanoke, VA 24015 1421008 Richard and Esther Kiser 1740 Pomeroy Road Salem, VA 24153 1421009, 0322 Douglas and Wilma J. Weeks 2303 Russell Avenue, SW Roanoke, VA 24015 1421010 Jack C. Oaks 2227 Roanoke Avenue, SW Roanoke, VA 24015 1421011 James and WilmaWood 2215RoanokeAvenue, SW Roanoke, VA 24015 1421013 John and Bonnie Riddle 4236 Lake Ridge Circle Troutville, VA 24175 1421014 WendellF. Brown 900Niagra Road, Apt. 6 Vinton, VA 24179 1421015 John and LillianMorris 2219 Roanoke Avenue, SW Roanoke, VA 24015 1421017 Curtis and Linda Stump 2205 Roanoke Avenue, SW Roanoke, VA 24015 1421018 Willardand Joyce Reynolds 2201 Roanoke Avenue, SW Roanoke, VA 24015 1420901, 926 Leslie J. and Margaret Cooper 4611 Pennsylvania Avenue, NE Roanoke, VA 24019 1420907 Trustees, Woodside Presbyterian Church 2321 Roanoke Avenue, SW Roanoke, VA 24015 1420908,909 Erwin and JoAnnCrider 3096RidgewayDfive Trout~lle, VA 24175 1420910,911,912,913,914, Trustees, Church ofGod of Prophecy 5501 Florist Road, NW Roanoke, VA 24012 1421320, 321, 322 Ruby V. Ails George E. Alls 2203 Buford Avenue, SW Roanoke, VA 24015 1421601, 602, 603 Berrie B. Poff 902 Bridge Street, SW Roanoke, VA 24015 1421201 Three-O-One Gilmer Assoc ¢/o Commercial Investment P. O. Box 3220 Roanoke, VA 24015 1421202 M & W Properties, Inc. c/o Robert Woodward 3322 Brambleton Avenue, SW Roanoke, VA 24018 1421203 Four R Enterprises 2018 Laburnum Avenue, SW Roanoke, VA 24015 1421206 Bruce Wayne Wiseman 2441 Memorial Avenue, SW Roanoke, VA 24015 1421207,208, 209, 218, 219, 220, 221,222, 223 Maurice and Flossie Wilbur 2308 Roanoke Avenue, SW Roanoke, VA 24012 1421210, 211 Louise and Vemie Metz 815 Warwick Avenue, SW Roanoke, VA 24015 1421215 Lynwood and Lisa Wright 2320 Roanoke Avenue, SW Roanoke, VA 24015 1421217 Christine L. Busse Jimmy E. Hall 2316 Roanoke Avenue, SW Roanoke, VA 24015 1421224 Eldridge L and AnnaH. Adams 2608 Bandy Road, SE Roanoke, V A 24014 1421101, 102, Joseph and Carolyn Quinn 2130 Russell Avenue, SW Roanoke, VA 24015 1421103 Melissa A. Buckner 1110 Hannah Circle, Lot 84 Roanoke, VA 24016 1421104, 105 Wilson and Joyce Kinsey 1075 Kinsey Lane Boones Mill, VA 24065 1421106 Jesse James Divers 2114 Russell Avenue, SW Roanoke, VA 24015 1421107 Warren and Sierra Johns 2110 Russell Avenue, SW Roanoke, VA 24015 1421108 Jeffrey A. Harger 2621Churchll Drive, NW Roanoke, VA 24012 1421109 Napoleon Jones, Jr. Maggie Jones 2142 Holly Lane Daleville, VA 24083 1421110 Sandra A. Lang 2131Roanoke Avenue, SW Roanoke, VA 24015 1421111,112 John FredMarsico Rachel D. Marsico 2127 Roanoke Avenue, SW Roanoke, VA 24015 1421113 Albert and Doris Cadd 2330 Berkley Avenue, SW Roanoke, VA 24015 1421114 Arthur and Edna Atkinson 2119RoanokeAvenue, SW Roanoke, VA 24015 1421115 HileyandRosenaGraham 2117 Roanoke Avenue, SW Roanoke, VA 24015 1421116,117 Willand Lorr~neHodges 2113RoanokeAvenue, SW Roanoke, VA 24015 1420916 Donald R. Graham 2322 Russell Avenue, SW Roanoke, VA 24015 1420917 Allen M. Glasgow, etals c/o Melody Graham 2209 Roanoke Avenue, SW Roanoke, VA 24015 1420919 Peggy G. Blankenship 2316 Russell Avenue, SW Roanoke, VA 24015 1420920, 921, 922, 923, 924, 925, Sturel E. Vaden 2302 Russell Avenue, SW Roanoke, VA 24015 1420402 Alvie and Louise Gray 2229 Charlevoix Court, SW Roanoke, VA 24015 1420403 Casablanca and Mary Mills 3533 Appleton Avenue, NW Roanoke, VA 24017 1420404 Nancy C. Weeks 2221 Charlevoix Court, SW Roanoke, VA 24105 1420405 Daryel W. and Lisa M. Wood 2217 Charlevoix Court, SW Roanoke, VA 24016 1420406 Wilbum F. Wood 2213 Charlevoix Court, SW Roanoke, VA 24015 1420407 Clyde and MarySparks 2209 Chaflevoix Court, SW Roanoke, VA 24015 1420408 Norman and Maxine Schilling 2205 Charlevoix Court, SW Roanoke, VA 24015 1420409 Sturel E. Vaden, exec etal c/o Bonnie R. Riddle 4236 Lake Ridge Circle Troutville, VA 24175 1420825 Walker Machine & Foundry Corp. P. O. Box 4587 Roanoke, VA 24015 1420314 Richard Fulp 615 Lucerne Street, ~ Roanoke, VA 24107 1420501 Wayne and Arlene Snellings c/o Arlene Snellings 2230 Charlevoix Court, SW Roanoke, VA 24105 1420502 Mazie A. Jackson 2226 Charlevoix Court, SW Roanoke, VA 24015 1420503 Derma S. Bayse 2222 Charlevoix Court, SW Roanoke, VA 24015 1420504 Walter V. Alls 201 Laurel Hill Drive, Apt. 12 Vinton, VA 24179 1420505 F. G. and Irene Gray c/o James Gray 3870 Hyde Park Drive Roanoke, VA 24018 1420506 Kenneth L. and Vanessa D. Wood RR 5, Box 402 Rocky Mourn, VA 24151 1420507, 508 Issac and Virginia Bailey 2206 Charlevoix Court, SW Roanoke, VA 24015 1420509 Joseph and DeborahHamm 2229 Russell Avenue, SW Roanoke, VA 24015 1420510 Danny LeRoy Cox 2225 Russell Avenue, SW Roanoke, VA 24105 1420511 Lena Mae Mitchell Welch 2221 Russell Avenue, SW Roanoke, VA 24015 1420512 T. G. Mussleman, et ux c/o Mrs. Millard Gillespie 2217 Russell Avenue, SW Roanoke, VA 24015 1420513 Charles and B~tyBowman 2213 Russell Avenue, SW Roanoke, VA 24015 1420514 Leonard and Veda Whitlock 3202 Yardley Dfive, NW Roanoke, VA 24012 1420515 Perry L. and Evelyn L. Allen 2205 Russell Avenue, SW Roanoke, VA 24015 1420516 ChadesM. Land, Jr. 1602Glad~oneAvenue, SE Roanoke, VA 24013 1420315 John and Clara Akers 2319 Russell Avenue, SW Roanoke, VA 24015 1420316 John and Clara Akers 2319RussellAvenue, SW Roanoke, VA 24015 1420317,318 Warren and S~rleyJohns 2311 Russell Avenue, SW Roanoke, VA 24106 1420319, 320, 321 Melissa Whitlock c/o L. J. Whitlock 2429 Roanoke Avenue, SW Roanoke, VA 24015 1420323 FredeficaN. Weld 3229 Bromley Road, SW Roanoke, VA 24018 1420801 Gay Bailey Ma~in Box 152 Copper Hill, VA 24079 1420802 Frances and Janice Castler 2141 Mountain View Terrace Roanoke, VA 24015 1420803,804,805,806, 807,808,809 Eugene and Thelma Lucado RR1, Box 290 Peafisburg, VA 24134 1420810,811 Howard and Barbara Robinson 2422 Penn Stre~, SW Roanoke, VA 24015 1420812 Jerry and Penny Robe~son 2416 Penn Street, SW Roanoke, VA 24015 1420816, 823, 824 Lelia K. Swe~ 2417RoanokeAvenue, SW Roanoke, VA 24015 1420817,818 Perry and Louise Allen 2429RoanokeAvenue, SW Roanoke, VA 24015 1420819 Roy and BobbieWeeks 2427Roanoke Avenue, SW Roanoke, VA 24015 1420820, 821 Coy and Elva Bowling 2425 Roanoke Avenue, SW Roanoke, VA 24015 1420822,824 Jessie Lee Hale 2419RoanokeAvenue, SW Roanoke, VA 24015 1420826 Everett L. Dent, Jr. 4833 Peachtree Valley Dfive, NW Roanoke, VA 24012 1420827 Sandra K. Dent 2401 Denniston Avenue, SW Roanoke, VA 24015 1421405, 402, 1322110 City of Roanoke Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day ofA~ ~//~//~~ ~'/'~--'-~ ~N~tary~Public ~ e ~ 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: 1540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy CiD Clerk April 17, 1997 File #51-514 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from the City Planning Commission requesting that 114 parcels of land in the Norwich neighborhood located in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, Roanoke Avenue on the south, Ashlawn Street on the east, and Bridge Street or Irvine Street on the west, identified as Official Tax Nos. 1420801 - 1420812, inclusive, 1420816 - 1420827, inclusive, 1420907 - 1420914, inclusive, 1421010 1421018, inclusive, 1421110 - 1421122, inclusive, 1420916, 1420917, 1420919 - 1420925, inclusive, 1421001 - 1421009, inclusive, 1421101 - 1421109, inclusive, 1420315 - 1420323, inclusive, 1420509 1420516, inclusive, 1420501 1420508, inclusive, 1420402 - 1420409, inclusive, be rezoned from HM, Heavy Manufacturing District, to RS-3, Residential Single-Family District; 49 pmcela of land bounded generally by Roanoke Avenue on the north, Norwich Park on the east; and Bridge Street on the west, identified as Official Tax Nos. 1421601 - 1421603, inclusive, 1421201 - 1421203, inclusive, 1421624- 1421629, inclusive, 1421204- 1421211, inclusive, 1421309-.1421322, inclusive, 1421215, 1421217 - 1421224, inclusive, 1421301, 1421303 - 1421305, 1421308, and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; six parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue, identified as Official Tax Nos. 1322002 - 1322004, inclusive, 1322026, 1322027 and 1322201, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; three parcels John R. Marlles, Agent City Planning Commission April 16, 1997 Page 2 of land owned by the City of Roanoke, identified as Official Tax Nos. 1322110, 1421402 and 1421405, be rezoned from LM, Light Manufacturing District, to RS-3, Residential Single-Family District; and three parcels of land on the east side of Bridge Street, identified as Official Tax Nos. 1420314, 1420901 and 1420926, be rezoned from HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Mariha 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 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of the following one hundred and fourteen (114) parcels of land in the Norwich neighborhood in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west: Official Tax Nos. 1420801, 1420802, 1420803, 1420804, 1420805, 1420806, 1420807, 1420808, 1420809, 1420810, 1420811, 1420812, 1420816, 1420817,1420818,1420819,1420820, 1420825,1420826,1420827,1420907, 1420912,1420913,1420914,1421010, 1421015,1421016,1421017,1421018, 1421114,1421115,1421116,1421117, 1421122,1420916,1420917,1420919 1420924,1420925,1421001,1421002 1421007,1421008,1421009,1421101 1421106,1421107,1421108,1421109 1420319,1420320,1420321,1420322 1420512,1420513,1420514,1420515 1420504,1420505,1420506,1420507 1420821,1420822,1420823,1420824, 1420908,1420909,1420910,1420911, 1421011,1421012,1421013,1421014, 1421110,1421111,1421112, 1421113, 1421118,1421119,1421120,1421121, 1420920,1420921,1420922,1420923, 1421003,1421004,1421005,1421006, 1421102,1421103,1421104,1421105, 1420315,1420316,1420317,1420318, 1420323,1420509,1420510,1420511, 1420516,1420501,1420502,1420503, 1420508,1420402,1420403,1420404, 1420405, 1420406, 1420407, 1420408, 1420409, currently zoned HM, Heavy Manufacturing District; forty-nine (49) other parcels of land bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by Bridge Street on the west: Official Tax Nos. 1421601, 1421602, 1421603, 1421201 1421203, 1421624, 1421625, 1421626, 1421627, 1421628, 1421629 1421205,1421206,1421207, 1421310,1421311,1421312, 1421318,1421319,1421320, 1421219, 1421220, 1421221, 1421208,1421209,1421210,1421211 1421313,1421314,1421315,1421316 1421321,1421322,1421215,1421217 1421222,1421223, 1421224, 1421301 1421202, 1421204, 1421309, 1421317, 1421218, 1421303, 1421304, 1421305, 1421308, 1322201; six (6) parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue: Official Tax Nos. 1322002, 1322003, 1322004, 1322026, 1322027 and 1322201; and three (3) parcels owned by the City of Roanoke: Official Tax Nos. 1322110, 1421402 and 1421405, currently zoned LM, Light Manufacturing District; to RS-3, Residential Single-Family District. Rezoning of the following three (3) parcels of land on the east side of Bridge Street in the Norwich neighborhood: Official Tax Nos. 1420314, 1420901 and 1420926, currently zoned HM, Heavy Manufacturing District, to CN, Neighborhood Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to do so at its meeting on April 2, 1997, pursuant to the requirement of Section 15.1-491, Code of Virginia (1950), as amended, and Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone land in the City of Roanoke containing 23 acres, more or less. A map of the property to be rezoned is attached as Exhibit A. The Planning Commission would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City and concluded that zoning of the subject properties should be consistent with the existing land uses and that the present LM, Light Manufacturing, and HM, Heavy Manufacturing, districts are not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcels of land bearing the official tax numbers listed above, lying in the southwest quadrant of the City be rezoned from LM, Light Manufacturing, and HM, Heavy Manufacturing, district to RS-3, Residential Single-Family District and CN, Neighborhood Commercial District. The owners of these parcels of land are identified in Exhibit B, attached. 3. It is submitted that the rezoning of the subject area will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by: (1) making the existing use of the subject properties consistent with the proper zoning category; (2) ensuring that the subject properties will be used in the future in a manner that will not negatively impact adjoining properties; and facilitating preservation of neighborhood character. 4. As this rezoning entails more than 25 parcels of land, adjoining property owner notification is not required as set out in Sec. 15.1-431, Code of Virginia (1950), as amended. WHEREFORE, the Planning Commission of the City of Roanoke requests that the subject property be rezoned from LM, Light Manufacturing, and HM, Heavy Manufacturing, districts to RS-3, Residential Single-Family District, and CN, Neighborhood Commercial District, and that the City's zoning maps be amended accordingly. Respectfully submitted this 9th day of April 1997, co ssios By: /" ~'~'~'Q~' (~- f. dlbert E. Butler,~. * Acting Chairmafi' Norwich Rezoning Petition 1322026, 1322004 Russell $. and Prances Ean~ 1745 Roanoke Avenue, SW Roanc. :e, VA 24015 4/10/97 1322027 Raymond and Doro~y Jackson 1741 Roanoke Avenue, SW Roanoke, VA 24015 EXHIBIT B : Property Owners AffecteZ 13220~2. C~tractlng Enterprises Inc. P. O. Box 13725 Roanoke, VA 24036 1322003 Welford and Edilh Bowles 1815 Roenoke Avenue, SW Roanoke, VA 24015 1322201 Sidney L. Huffmen P. O. Box 2476 Roanoke, VA 24010 1421624, 625, Wallace and Claudine Hines 2210 Buford Avenue, SW Roanoke, VA 24015 1421626, 627, 628 Herman ~d M~/Wright 2202 Buford Avenue, SW Roanoke, VA 24015 1421304, 305,303 Coy and Elva Bowling 2428 Roanoke Avenue, SW Roanoke, VA 24015 1421629 Marion McDaniel Dougl~ W. McDaniel, Sr. P. O. Box 19135 Roanoke, VA 24034 1421308 T~, Roanoke Avenue Baptist Church 2205 Roanoke Avenue, SW Roanoke, VA 24015 1421301,204, 205,012,1016 C.L. and Beaulah Cromer Phylhs $. Laster 2003 Rice Avenue Salem, VA 24153 1421309, 310, 311,312, 313, Cardinal Metals Inc. 2200 Buford Avenue, SW Roanoke, VA 24015 1421314, 315, 316, 317,318, 319 Ora Puekett - Life Estate edo Jo~ph E. Wells ' 170 Poplar Point Drive Hardy, VA 24101 1421201 Three-O-One Gilmer Assoc edo Commercial Investment P. O. Box 3220 Roanoke, VA 24015 1421206 Bruce Wayne Wiseman 2441 Memorial Avenue, SW Roanoke, VA 24015 1421215 Lynwood and Lisa Wright 2320 Roanoke Avenue, SW Roanoke, VA 24015 1421101,102, Joseph and Carolyn Quinn 2130 Russell Avenue, SW Roanoke, VA 24015 1421320, 321,322 Ruby V. Ails George E. Ails 2203 Buford Avenue, SW Roanoke, VA 24015 1421202 M & W Prop~'xties, Inc. c/o Robert Woodward 3322 Brambleton Avenue, SW Roanoke, VA 24018 1421207,208, 209, 218, 219, 220, 221, 222, 223 Maurice and Fl°SSie Wilbux 2308 Roanoke Avenue, SW Roanoke, VA 24012 142t217 Christine L. Busse Jimmy E. HaH 2316 Roanoke Avenue, SW Roanoke, VA 24015 1421103 Melissa A. Bueknar I 110 Hannah Circle, Lot 84 Roanoke) VA 24016 1421601,602, 603 Berrie B. Poff 902 Bridge Street, SW Roanoke, VA 24015 1421203 FourREnterprises 2018LabumumAvenue, SW Roanoke, VA 24015 1421210,211 Louise andVemieMelz 815WarwinkAvenue, SW Roanoke, VA 24015 1421224 Eldridge L andAnnaH. Adams 2608BandyRoad, SE Roanoke,V A 24014 1421104, 105 Wilson and Joyce Kinsey 1075 Kinsey Laue Boones Mill, VA 24065 1421106 JesseJamesDivexs 2114 Russell Avenue, SW Roenoke, VA 24015 1421107 Warren and Sierra Johns 2110 Russell Avenue, SW Roanoke, VA 24015 1421108 JeffxeyA. Hargar 2621ChurchillDfive, NW Roanoke, VA 24012 1421109 Napoleon Jooes~ Jr. 2142 l-.~.lly Lane Dnleville, VA 24083 1421113 Albert and Doris C~ld 2330 Be~ley Avenue, SW Ro~moke, VA 24015 1421110 Sandrn A. l.~n8 2131 Roanoke Avenue, SW Roanoke, VA 24015 1421114 A~hur a~l Edm Atkin.son 2119 Roanoke Avenue, SW Ro~moke, VA 24015 1421111, 112 John Fred Mnrsice Rachel D. Marsice 2127 Roanoke Avenue, SW Roanoke, VA 24015 1421115 Hiley and Ro~ena Graham 2117 Roanoke Avenue, SW Roanoke, VA 24015 1421116, 117 Will and Lorraine Hodges 2113 Roanoke Avenue, SW Roanoke, VA 24015 1421118 Clark Ray Dent 2109 Roanoke Avenue, SW Roanoke, VA 24015 1421119 Norman M. md Shirley Wnlctron 2107 Roanoke Avenue, SW Roanoke, VA 24015 1421120 Clarence and Ma~-y Graham 2105 Roanoke Avenue, SW Roanoke, VA 24015 1421121 Emmitt Ball 2103 Roanoke Avenue, SW Roanoke, VA 24015 1421122 Ru~Thomas 2101 Roanoke Avenue, SW Roanoke, VA 24015 1421001 Edwnrd L. Swenney 203 W. Fo~u~h Street Salem, VA 24153 1421004 Mona Frnnces Lindsey 2218 Russell Avenue, SW Roanoke, VA 24015 1421007 Georgia Nei~hboes Fan'is c/o Joel C. Burton 2206 Rn,~lJ Avenue, SW Roanoke, VA 24015 1421010 Jnok C. Oaks 2227 R.o~noke Avenue, SW Roanoke, VA 24015 1421002 El~eM. Wood, et ds c/o JerryMcMiHan, Sr. 4235 Norwood S~eet Roanoke, VA 24018 1421005 971 Colbourne Avenue Vinton, VA 24179 1421008 Richard and~h~Kiser 1740 PomeroyRoad Salem, VA 24153 1421011 Jnmes and Wihnn Wood 2215 Roanoke Avenue, SW Roanoke, VA 24015 1421003 L~-ry D. md Palricia N. Toney 2222 Russell Avenue, SW Roanoke, VA 24015 1421006 Ruby Waldren c/o Joyce Dent 905 Prestwick Lane Newpo~ News, VA 23602 1421009, 0322 Dou~asandWilmaJ. Weeks 2303 Russell Avenue, SW Roanoke, VA 24015 1421013 John and Bonnie Riddle 4236 Lake Ridge Ch'cie Troutville, VA 24175 1421014 Wendell F. Brown 900 Ni~ra Road, Ape 6 Vinton, VA 24179 1421015 John and LiDian Moms 2219 Roanoke Avenue, SW Roanoke, VA 24015 1421017 Curtis and Linda Stump 2205 Roanoke Avenue, SW Roanoke, VA 24015 1421018 Willard and Joyce Reynolds 2201 Roenoke Avenue, SW Roenok~, VA 24015 1420901,926 L~eJ. andMargare~Cooper 4611Penasylvania Avenue, NE Roanoke, VA 24019 1420907 Trustees, Woods-ids Presbyterian Church 2321 Roanoke Avenue, SW Roanoke, VA 24015 1420908, 909 ~ ~nd JOArln Crider 3096 Ridseway Drive Trouf,?!e, VA 24175 142091 O, 911,912,913,914, Trustees, Church of God of Prophecy 5501 Florist Road, Roanoke, VA 24012 14209 I6 Donald R. Graham 2322 Russell Avenue, SW Roanoke, VA 24015 1420917 Allen M. Glasgow, etals c/o Melody Graham 2209 Roanoke Avenue, SW Roanoke, VA 24015 1420402 Alvie ~cl Lou/se Gray 2229 Chatlevoix Cott~ SW Roanoke, VA 24015 1420919 Peggy G. Blankenship 2316 RussaU Avenue, SW Roanoke, VA 24015 1420403 Casablanca and Mary Mills 3533 Appleton Avenue, NV/ Roanoke, VA 24017 1420920, 921,922, 923,924, 925, Sturel E. Vaden 2302 Russell Avenue, SW Roanoke, VA 24015 1420404 NaacyC. Weeks 2221CharlevoixCoutLSW Roanoke, VA 24105 1420405 Daryel W. and Lisa M. Wood 2217 Chnrlevoix ~ SW Roanoke, VA 24016 1420406 Wilburn F. Wood 2213 Charlevoix Court, SW Roanoke, VA 24015 1420407 Clyde andMarySparks 2209 CharlevoixCoun, SW Roanoke, VA 24015 1420408 Nonnen and Maxine Schilling 2205 Charlevoix Corot, SW Roanoke, VA 24015 1420314 RichardFulp 615LucerueSlreet, NW Roanoke, VA 24107 1420503 2222 Charlevoix Court, SW Roanoke, VA 24015 1420506 Kenneth L. and Vanessa D. W0od RR 5, Box 402 Rocky MounL VA 24151 1420409 Sturel E. Vaden, exec eta] c/o Bonnie R. Riddle 4236 Lake Ridge Ch-cie Troutville, VA 24175 1420501 Wayne and Arlene Shellings c/o Arlene Saellings 2230 Charlevoix Court, SW Roanoke, VA 24105 1420504 W~terV. Alls 201LanretHillDrive, Apc 12 V~toiLVA 24179 1420507,508 IssacandV~giaiaBailey 2206CherlevoixCourLSW Roanoke, VA 24015 1420825 Walker Machine & Foundry Corp. P. O. Box 4587 Roanoke, VA 24015 1420502 MazieA. Jackson 2226 CharlevoixComLSW Roanoke, VA 24015 1420505 F. G. and Irene Gray edo James Gray 3870 Hyde Park Drive Rcmaoke, VA 24018 1420509 Joseph and Deborah Harnm 2229 Russell Avenue, SW Roanoke, VA 24015 1420510 DannyLeRoyCox 2225Ru,~,-H Avenue, SW Roanoke, VA 24105 1420513 Charles and Betty Bovnnan 2213 R-~ell Avenue, SW Roanoke, VA 24OI5 142051 I Lena Mac Mitchell Welch 2221 Russell Avenue, SW Roanoke, VA 24015 1420514 Leonard and Verla Whitluek 3202 Yardley Drive, NW Roanoke, VA 24OI2 1420512 T. G. Musslaman, et ux c/o Mrs. Millard Gillespie 2217 Russell Avenue, SW Roanoke, VA 24015 1420515 PenyL. andEvelynL. Allen 2205 Russell Avenue, SW Roanoke, VA 24015 1420516 Charle~ Ivl. l~l, Jr. 1602 Oladstoue Avenue, SE Roau~. -., VA 24013 1420315 John and Clara Akers 2319 Russell Avenue, SW Roanoke, VA 24015 1420316 John and Clara Akers 2319 Russell Avenue, SW Roanoke, VA 24015 1420317, 318 Wan'en and Shh'ley Johns 23l I Russell Avenue, SW Roanoke, VA 24106 1420319, 320, 321 Melissa Whitlock cYo L. J. Whitlock 2429 Roanoke Avenue, SW Roanoke, VA 24015 1420323 FredericaN. We~ 3229 BromleyRoad, SW Roanoke, VA 24018 1420801 Gay Bailey Mmin Box 152 Copper Hill, VA 24079 1420802 Frances and Janice Castler 2141MountainViewTen-ace Roaaok¢, VA 24015 1420803, 804,805,806, 807, 808, 809 Eugene and Thelma Lucado RR I, BOx 290 Pearisbu~g, VA 24134 1420810, 811 HowardendBaFoaraRobinson 2422 Penn Stt~-'t, SW Roanoke, VA 24015 1420812 Jer~ and Penny Robertson 2416 Penn Street. SW Roanoke, VA 24015 1420816, 823,824 Lelia K. Sweet 2417 Roanoke Avenue, SW Roanoke, VA 24015 1420817, 818 Perty andLouiseAllen 2429Roanoke Avenue, SW Roanoke, VA 24015 1420819 ReyaadBobbieWeeks 2427 Roanoke Avenue, SW Roanoke, VA 24015 1420820,821 Coy andEIvaBowlia8 2425 Roanoke Avenue, SW Roanoke, VA 24015 1420822, 824 Jessie LeeHale 2419 RoanokeAvenue, SW Roenoke, VA 24015 1420826 Everea L. Dent, ~. 4833 Peach~eeV~lleyDrive, NW Roanoke, VA 24012 1420827 Sandra K. Dent 2401Denni~onAvenue. SW Roanoke, VA 24015 1421405,402,1322110 Ci~ofRoanoke 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, May 7, 1997, 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: Rezoning of the following one hundred and fourteen (114) parcels of land in the Norwich neighborhood in the southwest quadrant of the City, bounded generally by Penn Street or Charlevoix Court on the north, by Roanoke Avenue on the south, by Ashlawn Street on the east and by Bridge Street or Irvine Street on the west: Official Tax Nos. 1420801, 1420802, 1420803, 1420804 1420805 1420806, 1420807, 1420808, 1420809, 1420810, 1420811, 1420812, 1420816, 1420817,1420818 1420827 1420907 1421011 1421012 1421112 1421113 1421122,1420916 1421001 1421002 1421102 1421103 1420317 1420318 1420512,1420513 1420506, 1420507 1420819 1420908 1421013 1421114 1420917 1421003 1421104 1420319 1420514 1420508 1420820,1420821,1420822,1420823,1420824,1420825,1420826, 1420909,1420910,1420911,1420912,1420913,1420914, 1421010, 1421014,1421015,1421016,1421017,1421018,1421110,1421111, 1421115,1421116,1421117,1421118,1421119,1421120, 1421121, 1420919,1420920,1420921. 1421004, 1421005, 1421006. 1421105, 1421106, 1421107 1420320,1420321,1420322. 1420515,1420516,1420501 1420402, 1420403, 1420404. 1420922,1420923,1420924,1420925, 1421007,1421008,1421009,1421101, 1421108,1421109, 1420315,1420316, 1420323,1420509,1420510,1420511, 1420502,1420503,1420504,1420505, 1420405,1420406,1420407,1420408, 1420409, currently zoned HM, Heavy Manufacturing District; forty-nine (49) other parcels of land bounded generally by Roanoke Avenue on the north, by Norwich Park on the east and by Bridge Street on the west: Official Tax Nos. 1421601, 1421602, 1421603, 1421201, 1421202, 1421203, 1421624, 1421625, 1421626, 1421627, 1421628, 1421629, 1421204, 1421205, 1421206, 1421207, 1421208, 1421209, 1421210, 1421211, 1421309, 1421310, 1421311, 1421312, 1421313, 1421314, 1421315, 1421316, 1421317, 1421318, 1421319, 1421320, 1421321, 1421322, 1421215, 1421217, 1421218, 1421219, 1421220, 1421221, 1421222, 1421223, 1421224, 1421301, 1421303, 1421304, 1421305, 1421308, 1322201; six (6) parcels of land bounded generally by Norfolk Southern Railway lines on the north and Roanoke Avenue on the south, including one parcel on the south side of Roanoke Avenue: Official Tax Nos. 1322002, t322003, 1322004, 1322026, 1322027 and 1322201; and three (3) parcels owned by the City of Roanoke: Official Tax Nos. 1322110, 1421402 and 1421405, currently zoned LM, Light Manufacturing District; to RS-3, Residential Single-Family District. Rezoning of the following three (3) parcels of land on the east side of Bridge Street in the Norwich neighborhood: Official Tax Nos. 1420314, 1420901 and 1420926, currently zoned HJvl, Heavy Manufacturing District, to CN, Neighborhood Commercial District. 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, April 22, 1997 and Tuesday, April 29, 1997 Please bill and send affidavit to: Department of'Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) COMMUNICATIONS CABLING CORPORATION 170 Poplar Point Drive Hardy, VA 24101 540-721-4754 June 13, 1997 Mmry F. Parker, City Clerk City of Roanoke 215 Church Ave. S.W., Room 456 Roanoke, VA 24011-1536 ATTN: CITY COUNCIL SUBJECT: Petition to protest the rezoning of my Buford Avenue properties from LIGHT MANUFACTURING (LM) to RESIDENTIAL (R-3) Council Members, As owner of seven adjoining lots on Buford Avenue (Tax Numbers - 1421314-1421319) in the Norwich area of Roanoke City, I am extremely olmosed to the proposed rezoning of my properties. In 1985, I purchased the house at 2209 Buford Avenue and 6 adjoining vacant lots as an annuity and life estate for my wife's mother. It was then and still is my ultimate intent to build a commercial building on the property for use in my business. Toward that goal, I purchased a 4500 sq. ft. steel building and have stored it for several years on the property awaiting construction (Site P!m~ at Enclosure 1). In the past, I have met with various city planners (Phil Sparks, Doug Chittem, Ted Tucker, John Kahn, Ted Tassellt) to discuss the construction as an Urban Enterprise Project. My first notification of this rezoning plan was the April 28, 1997 letter (Enclosure 2) announcing the May 7,1997 public hearing by the Roanoke City Planning Commission. Receiving the letter on May 5, I had little time to prepare my objection, but did plead my case before the Commta~ion. Unless these lots are exempted to remain zoned LM, they will be virtually worthless as residential. With the Planning Commission's recommended exemption of the Ashland Oil Company Storage Warehouse, the lots are now sandwiched by Light Manufacturing zoning with ACE Steel Inc. (fo, merly occupied by Cardinal Metals Inc.) in front and Ashland Oil behind ( See Enclosure 1). I am also aware that Cardinal Mets!s Inc.(Gwuer of vacant adjoining lots 1421309-1421313) was never notified of this proposed rezoning. Without proper notification to us, due process has not been served! 1 There is no logic or benefit to the city, the neighborhood or me if these lots are rezoned to single family. 1. My investment in planning and purchasing the property and steel building for industrial use will be lost. 2. No rational developer or home builder would build single family homes in the middle of an industrial zone. ( Three of the four existing houses on this block of Buford Avenue are almost 100 years old, suffer from neglect and are near condemnation.) 3. If left vacant, the lots will become another dumping ground in the City of Roanoke. (See the vacant adjoining corner lots for a graphic ewample - abandoned vehicles, appliances, rotting vegetables, wood and other debris.) In simple summary, I request that the Roanoke City Council exempt Bufurd Avenue Lots 23 to 29 (Tax Nos. 1421314 - 1421319) from rezoning and remain zoned LM, Light Mn~ufacturing District. sj ,cerely, President P.S. As a point of law, I would further question whether the Roanoke City Planning Commission formally voted to accept this rezoning plan. During the hearing discussions, a motion was made and accepted to exempt the Ashland Oil property because of potential losses, litigation and city liability if the business had to operate as a nonconforming use in a single family residential district. A board member made a motion to exempt my properties Al~o and it failed on a vote of 3 against and 2 for exemption. Thereafter, they proceeded to discuss the next agenda item without voting on the rezoning plan. Enclosures: 1. Site Plans for Lots 23 to 28 2. Roanoke City Planning Commission Ltr, April 28, 1997 cys to: John R. Marles, Agent, City Planning Commission Ed Natt, Attorney at Law Thomas W. Hayden, President, Cardinal MetAl~ Inc. Jack W. Keri, Vice President, ACE Steel Inc. f I (OLB i I t I~APTIST , 2210 2203 ; ! I ! t 00' 0" ! 100' 0" 06/~6/~997 08:5~ 54834332?3 &CE STEEL ZNC P~GE 8! ACE STEEL,INC. - PO BOX 12321 - ROANOKE,VA.24024 (540)985-0292 (800)255-9666 FAX(540)343-3273 June 13,1997 "To Whom It May Concern" We were notif~l today,6/13/97,of fl~e council meeting scheduled for Monday,6/l 6/97,to discuss lira ~ of ~ in the Norwich area_ We are in ~ proce~ ofpumhnning tim ~ at 2200 Buford Ave.,owned by Cardinal Metals, Inc..We am also inl~ested in purcintsing property at 2202 and 2210 Buford Ave~(Tax~s 1421624,1421625 and 1421626) for future grow~ of onr warehouse and pm. king area. We wonld ask you comider keeping ~ property ns 'Commute'iai" so we m_ny be able to do this We nre a steel service center and would like to mn our business in the city vs. county.If this new rezoning mx:ms we will have to consider another location for our operation. Jack W. Kell Vice President cc: Mn~t Parker John Marlles JUN-16-199'7 08:52 54034-33273 94X P.01 inc. MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Cleck July 11, 1997 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 33459-070797, for proper recordation in your office, permanently vacating, discontinuing and closing a portion of a 12-foot wide alley as the same is bounded on the west by parcels identified as Official Tax Nos. 2120801 - 2120806, inclusive, and on the east by parcels identified as Official Tax Nos. 2120810 - 2120815, inclusive. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc: G. Michael Pace, Jr., Attorney, Gentry, Locke, Rakes and Moore, P. O. Box 40013, Roanoke, Virginia 24038-0013 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #514 G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24038-O013 Dear Mr. Pace: I am enclosing copy of Ordinance No. 33459-070797 permanently vacating, discontinuing and closing a portion of a 12-foot wide alley as the same is bounded on the west by parcels identified as Official Tax Nos. 2120801 -2120806, inclusive, and on the east by parcels identified as Official Tax Nos. 2120810 - 2120815, inclusive. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore July 11, 1997 Page 2 pc; Dodson Brothers Exterminating Co., P. O. Box 10249, Lynchburg, Virginia 24506 Dr. and Mrs. Wendell H. Butler, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 Mr. Richard M. Daniel, Jr., 715 11th Street, N. W., Roanoke, Virginia 24017 Liberty Investment Corp., c/o Mr. Wayne A. Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Ms. Dorothy L. Smith, 3038 Willow Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James E. Carpenter, 8728 Reservoir Road, N. W., Roanoke, Virginia 24019 Ms. Vernice Law, 1019 Staunton Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Jessie Calloway, 712 10th Street, N. W., Roanoke, Virginia 24016 Ms. Carolyn Fields, 706 10th Street, N. W., Roanoke, Virginia 24016 Mr. and Mrs. Wilton M. Lash, 10100 Jay Dee Boulevard, Fairfax Station, Virginia 22039 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33459-070797. 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, C&C Development, L.L.C. filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on said application by the City Council on June 16, 1997, after due and timely notice thereof as required by S30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said public right-of-way. THEREFORE', BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of a 12' wide alley as the same is bound on the west by parcels bearing Official Tax Nos. 2120801 through 2120806, inclusive, and on the east by parcels bearing Official Tax Nos. 2120810 tD.~ugh 2120815, inclusive, 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 right-of-way is conditioned upon applicant's City, receiving approval of, and recording a the above-described submitting to the 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; the dedication of an area at the terminus of the alley, between 30' x 14' and 30' x 20' in size, to provide for the construction of an adequate public turnaround; and in the event these conditions have not been met and the said plat has not been recorded in the Office of the Clerk of Circuit Court within twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of- way is shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FINALLY ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, 3 a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of C&C Development, L.L.C., and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission June 16, 1997 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: Application from C & C Development, LLC, represented by G. Michael Pace, Jr., attorney, to close and permanently vacate a portion of a 12 foot alley as the same is bound on the west by tax parcels 2120801 through 2120806 and on the east by tax parcels 2120810 through 2120815. I. Background: Alley section as requested for closure extends in a north/south direction through block 6 which is bound on the north by Orange Avenue, N.W., on the east by 10th Street, N.W., and on the west by 1 lth Street, N.W. Alley is developed and has a gravel surface. Alley appears to be used by the abutting property owners for rear access to accommodate off-street parking in back yards. Alley is shown on City maps as being 12' wide and approximately 405' in total length. Portion of alley requested for closure and vacation is approximately 275 feet in length. II. Current Situation: Applicant has contracted to purchase the abutting properties for the purpose of constructing a new Rite-Aid drug store on these properties and the land area currently occupied by the subject alley section (see attached plan). Applicant is accordingly seeking to rezone a portion of the property (tax parcels 2120810 through 2120815) for commercial (C-2) purposes. Application was reviewed by the Planning Commission at its regular meeting of May 7, 1997. Room ~62 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 III. Issues: A. B. C. D, E. F. Neighborhood impact. Traffic impact. Utilities within the public right-of-way. Creation of a dead-end alley. Land use. Relationship to the comprehensive plan. IV. Alternatives: Approve the applicant's request to close and permanently vacate the described section of alley, subject to certain conditions set forth in part V., of this report. 1. Neighborhood impact: Closure and vacation will require remaining property owners in block 6 to access the rear of their properties from Madison Avenue. Current access from this alley onto Orange Avenue in close proximity to the nearby 10th Street/Orange Avenue traffic signal is not a desirable point of access. 2. Traffic impact: Closure and vacation of the subject alley section will eliminate alleys access at the Orange Avenue/10th Street intersection area. This would improve traffic conditions in this area. Proposed entranceway from the proposed new drug store, however, will negate any improvement in traffic conditions gained by the subject alley closure. 3. Utilities within the public right-of-way: a. City has no utilities in the public right-of-way. Members of Council Page 3 b. Correspondence received by City staff indicates that there are no private utilities within the public right-of-way. 4. Creation of a dead-end alley: a. Closure and vacation will create a dead-end alley. b. Applicant proposes to dedicate and construct a 12' wide by 30' long vehicular turnaround at the terminus of the alley. 5. Land use. Subdivision plat should be required to provide for proper disposition of the land within the vacated alley and the dedication of an area sufficient to provide for this public turnaround. 6. Relationship to the comprehensive plan. Request is consistent with the intent of the comprehensive plan that available land be used in the appropriate manner. Deny the applicant's request to close and vacate the described section of public alley. 2. 3. 4. 5. Neighborhood impact will not be an issue. Traffic impact will not be an issue. Utilities within the public right-of-way will not be an issue. Creation of a dead-end alley will not be an issue. Land use will not be an issue. Recommendation: Planning Commission, by a vote of 6-0 (Mrs. Coles absent) recommends that City Council approve Alternative A, thereby approving the applicant's request to close and permanently vacate the described section of public alley, subject to the following conditions: The applicant shall submit to the City for its review and approval, receive approval of, and record in the office of the Roanoke City Circuit Court, a subdivision plat, with said plat providing thereon for the following: Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with the law. Members of Council Page 4 The retention of appropriate easements, together with the right of public passage over the same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. Dedication of an area at the terminus of the alley, between 30'x14' and 30'x20' in size, to provide for the applicant's construction of an adequate public turnaround. If the above conditions have not been met within a period of twelve months from the date of the adoption of the ordinance providing for the closure of the subject right-of- way, then said ordinance shall be null and void with no further action by City Council being necessary. Resp. ectfully submitted, Gilbert E. Butler, Chairman Roanoke City Planning Commission JRM/ERT/mf attachment cc: Assistant City Attorney Petitioner's Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of C&C Development, L.L.C. for Vacation of Alley to Permit the Construction of a Rite Aid Neighborhood Drugstore MEMBERS OF COUNCIL: C&C Development, L.L.C. ("C&C"), a portion of a certain 12 foot public APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY by counsel, applies to have alley located 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. The portion of the alley to be vacated is more particularly shown on the Rezoning Development Plan attached hereto as Exhibit A (the "Plan"} and made a part hereof. C&C states that the grounds for this application are as ~ollows: 1. C&C has contracted to purchase 12 lots located on the south side of Orange Avenue (State Route 460), 6 of which front on 10th Street and 6 of which front on llth Street, and are separated only by the alley, for the purpose of the construction thereon of a Rite Aid neighborhood drugstore. 2. The vacation of the alley is necessary for the proposed development as shown on the Plan. 3. The Plan also shows that a portion of the property to be developed has been dedicated to provide an appropriate turnaround area for vehicular traffic. Additionally, the adjoining property owners all have access from the alley to Madison Avenue to the south. Accordingly, the adjoining landowners are not adversely affected by the closing of that portion of the alley located between the lots to be acquired by C&C. 4. There are no public utilities located on or along the alley. 5. A list of the adjoining property owners, including mailing addresses, affected by the proposed alley vacation is attached hereto as Exhibit B. WHEREFORE, C&C Development, L.L.C. respectfully requests that a portion of the above-described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. G. Michael Pace, Jr. Respectfully submitted, C&C DEVELOPMENT, L.L.C. GENTRY LOCKE R3%KES & MOORE P.O. Box 40013 Roanoke, VA 24038-0013 C&C DEVELOPMENT, L.L.C. Its: Managing~ember EXHIBIT A REZONING DEVEmPME~ PUN o[... % La e n P.O. .................................. ~1 y~M~ THE ROANOKE TIMF Ad Number: ,~ O_c) Publisher's Fee: 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, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: Witness, this '/~'~ day of ~/.~OE: , _/~'~'") . Authorized Signature , Classified Sales Manager NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 16, 1997, 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, to the extent the City has any legal interest in said public right-of-way, the following public right-of-way: That portion of a 12' wide alley as the same is bound on the west by parcels bearing Official Tax Nos. 2120801 through 2120806, inclusive, and on the east by parcels bearing Official Tax Nos. 2120810 through 2120815, inclusive. 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 2gth day of May , 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, June 5, 1997. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Send bill to: G. Michael Pace, Jr., Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 Publish in the J~iaEtgJEe...T. JB3~, once on Thursday, May 29, 1997, and once on Thursday, June 5, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 G. Michael Pace, Jr., Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE STREET AND ALLEY CLOSURE REQuEsT OF: C&C Development, LLC, represented by Mike Pace ) that a 12 foot alley in the 10th and Moorman area of north- ) west Roanoke, such alley bounded by property bearing Official ) AFFIDAVIT Tax Nos. 2120801, 2120803 through 2120806, and 2120810 ) through 2120815. ) 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 28th day of April, 1997, notices of a public hearing to be held on the 7th day of May, 1997, on the closures captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Nam~ Mailin~ Address Dodson Brothers Exterminating Company 2120801 2120803 2120804 2120805 2120806 2120807 2120808 2120809 2120810 2120811 2120812 2120813 2120814 2120815 2120816 Dr. Wendell H. and Susie Butler Richard M. Daniel, Jr. Liberty Investment Corp. c/o Wayne A. Ayers Dorothy L. Smith James E. and Stella M. Carpenter Vernice Law Jessie and Nancy Calloway P. O. Box 10249 Lynchburg, VA 24506 2118 Andrews Road Roanoke, VA 24017 715 llth Street, NW Roanoke, VA 24017 6893 Campbell Drive Salem, VA 24153 3038 Willow Road, NW Roanoke, VA 24017 8728 Reservoir Road Roanoke, VA 24019 1019 Staunton Avenue, NW Roanoke, VA 24017 712 10th Street, NW Roanoke, VA 24016 Carolyn Fields 706 10th Street, NVq Roanoke, VA 24016 2120817 Wilton M. and Darthula L~ash · ' =' Martha Pace Franklin 10100 Jay Dee Boulevard Fairfax Station, VA 22039 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of April, 1997 ,~ ~ ~ L~/~]~q~tary Pub'lic - J / MARY E PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, SW, Room 456 Roanoke, Virginia 24011 - 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 4, 1997 File #514 G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 Dear Mr. Pace: 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of C & C Development, LL.C., that a portion of a 12-foot wide alley as the same is bound on the west by parcels identified as Official Tax Nos. 2120801 - 2120806, inclusive, and on the east by parcels identified as Official Tax Nos. 2120810 - 2120815, inclusive, be vacated, discontinued and closed. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact John R. Marlles, Agent, City Planning Commission, at 853-23~?.. A copy of the Ordinance will be forwarded at a later date. G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore June 4, 1997 Page 2 It will be necessary for you, or your representative, to be present at the June 16 public hearing. Failure to appear could result in a defen'ai of the matter until a later date. 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAK1N Deputy City Clerk June 4, 1997 File ft514 G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 Dear Mr. Pace: 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of C & C Development, L.L.C., that a portion of a 12-foot wide alley as the same is bound on the west by parcels identified as Official Tax Nos.'2120801 - 2120806, inclusive, and on the east by parcels identified as Official Tax Nos. 2120810 - 2120815, inclusive, be vacated, discontinued and closed. The City Planning Commission has recommended approval of the request, subject to the following conditions: The applicant shall submit to the City for review and approval, and recordation in the Office of the Roanoke City Circuit Court, a subdivision plat providing for the following: Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law. The retention of appropriate easements, together with the right of public passage over same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of- way. G. Michael Pace, Afforney Gentry, Locke, Rakes and Moore June 4,1997 Page 2 Dedication of an area at the terminus of the alley, between 30' x 14' and 30' x 20' in size, to provide for the applicant's construction of an adequate public turnaround. If the above conditions have not been met within a period of 12 months from the date of adoption oftha ordinance providing for the closure of the subject right-of-way, said ordinance shall be null and void with no further action by City Council being necessary. If you have questions with regard to the City Planning Commission report, please contact John R. Marlles, Agent, City Planning Commission, at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm pc; Dodson Brothers Exterminating Co., P. O. Box 10249, Lynchburg, Virginia 24506 Dr. and Mrs. Wendell H. Butler, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 Mr. Richard M. Daniel, Jr., 715 11th Street, N. W., Roanoke, Virginia 24017 Liberty Investment Corp., c/o Mr. Wayne A. Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Ms. Dorothy L. Smith, 3038 Willow Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. James E. Carpenter, 8728 Reservoir Road, N. W., Roanoke, Virginia 24019 Ms. Vernice Law, 1019 Staunton Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Jessie Calloway, 712 10th Street, N. W., Roanoke, Virginia 24016 Ms. Carolyn Fields, 706 10th Street, N. W., Roanoke, Virginia 24016 Mr. and Mrs. Wilton M. Lash, 10100 Jay Dee Boulevard, Fairfax Station, Virginia 22039 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 17, 1997 File #514 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: 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 attaching copy of an application from G. Michael Pace, Jr., Attorney, representing C & C Development, L.L.C., requesting that a portion of a certain 12-foot alley located on the south side of Orange Avenue (State Route 460) between 10th Street and 11th Street, N. W., be vacated, discontinued and closed. Sincerely, Mary F. Parker, CMCIAAE City Clerk MFP:sm EnG. pc: The Honorable Mayor and Members of the Roanoke City Council G. Michael Pace, Jr., Attorney, Gentry, Lock, Rakes and Moore, P. O. Box 40013, Roanoke, Virginia 24038-0013 Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of C&C Development, L.L.C. for Vacation of Alley to Permit the Construction of a Rite Aid Neighborhood Drugstore MEMBERS OF COUNCIL: APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Rezoning and made C&C Development, L.L.C. ("C&C"), by counsel, applies to have a portion of a certain 12 foot public alley located 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. The portion of the alley to be vacated is more particularly shown on the Development Plan attached hereto as Exhibit A (the "Plan") a part hereof. C&C states that the grounds for this application are as follows: 1. C&C has contracted to purchase 12 lots located on the south side of Orange Avenue (State Route 460), 6 of which front on 10th Street and 6 of which front on llth Street, and are separated only by the alley, for the purpose of the construction thereon of a Rite Aid neighborhood drugstore. 2. The vacation of the alley is necessary for the proposed development as shown on the Plan. 3. The Plan also shows that a portion of the property to be developed has been dedicated to provide an appropriate turnaround area for vehicular traffic. Additionally, the adjoining property owners all have access from the alley to Madison Avenue to the south. Accordingly, the adjoining landowners are not adversely affected by the closing of that portion of the alley located between the lots to be acquired by C&C. 4. There are no public utilities located on or along the alley. 5. A list of the adjoining property owners, including mailing addresses, affected by the proposed alley vacation is attached hereto as Exhibit B. WHEREFORE, C&C Development, L.L.C. respectfully requests that a portion of the above-described alley be vacated by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. Respectfully submitted, C&C DEVELOPMENT, L.L.C. G. Michael Pace, Jr. GENTRY LOCKE RAKES & MOORE P.O. Box 40013 Roanoke, VA 24038-0013 C&C DEVELOPMENT, L.L.C. By:__ Its: ManaKinK Member EXHIBIT A ~t-..,,g '~{ il! ~ J ~ ' II "~" .................. II "~ II o EXHIBIT B PROPERTY OWNERS AFFECTED BY PROPOSED ALLEY VACATION Tax Map Owner Address No. 2120801 Dodson Brothers Exterminating P.O. Box 10249 Company, Inc. Lynchburg, VA 24506 2120803 Dodson Brothers Exterminating P.O. Box 10249 Company, Inc. Lynchburg, VA 24506 2120804 Dodson Brothers Exterminating P.O. Box 10249 Company, Inc. Lynchburg, VA 24506 2120805 Dr. Wendell H. Butler and 2118 Andrews Road, NW Susie S. Roanoke, VA 24017 2120806 Richard M. Daniel, Jr. 715 llth Street, NW Roanoke, VA 24017 2120807 Liberty Investment Corporation 6893 Campbell Drive c/o Wayne A. Aycrs Salem, VA 24153 2120808 Liberty Investment Corporation c/o Wayne A. Ayers 6893 Campbell Drive Salem, VA 24153 2120809 Wayne A. Ayers and Lois A. 6893 Campbell Drive Salem, VA 24153 2120810 Dorothy L. Smith 3038 Willow Rd., NW Roanoke, VA 24017 2120811 Dorothy L. Smith 3038 Willow Rd., NW Roanoke, VA 24017 2120812 James E. Carpenter and Stella 8728 Reservoir Road M. Roanoke, VA 24019 2120813 James E. Carpenter and Stella 8728 Reservoir Road M. Roanoke, VA 24019 2120814 Vernice Law 1019 Staunton Ave., NW Roanoke, VA 24017 7157~11\347881.1 Tax Map Owner Address No. 2120815 Jessie Calloway and Nancy 712 10th Street, NW Roanoke, VA 24016 2120816 Carolyn Fields 706 10th Street, NW Roanoke, VA 24016 2120817 Wilton M. Lash and Darthula 10100 Jay Dee Blvd. Fairfax Station, VA 22039 MAI~Y 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAK1N Deputy City Clerk July 11, 1997 File #514 G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 Dear Mr. Pace: I am enclosing copy of Ordinance No. 33460-070797 rezoning six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, and designated as Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815, from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE~ City Clerk MFP:sm Enc. G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore July 11, 1997 Page 2 pc: Dodson Brothers Exterminating Co., P. O. Box 10249, Lynchburg, Virginia 24506 Dr. and Mrs. Wendell H. Butler, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 Mr. Richard M. Daniel, Jr., 715 11th Street, N. W., Roanoke, Virginia 24017 Liberty Investment Corp., c/o Mr. Wayne A. Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Ms. Vernice Law, 1019 Staunton Avenue, N. W., Roanoke, Virginia 24017 Ms. Carolyn Fields, 706 10th Street, N. W., Roanoke, Virginia 24016 Mr. Charles L. Manns, 931 Orange Avenue, N. W., Roanoke, Virginia 24016 Mr. Delmar L. Jackson, II, and Ms. Pamela J. Jackson, 801 10th Street, N. W., Roanoke, Virginia 24016 Mr. Arthur Lee, Executor, 416 Chapman Street, Salem, Virginia 24153 Mr. Ellis M. Warren, 711 10th Street, N. W., Roanoke, Virginia 24016 Mr. Nelson D. Reed, 3821 High Acres Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Napoleon Jones, 2142 Holly Lane, Daleville, Virginia 24083 Mr. Phil O. Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Avenue, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations William F. Clark, Director, Public Works Charles M. Ht.~fine, 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33460-070797. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 212, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicant. WHEREAS, C&C Development, L.L.C., has made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density 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 §36.1-693, 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 June 16, 1997, 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. 212 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: Those certain six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, and designated on Sheet No. 212 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to the proffers contained in the First Amended Petition filed in the Office of the City Clerk on June 3, 1997, and that Sheet No. 212 of the Zone Map be changed in this respect. ATTEST: City Clerk. Department of Planning and Community Development Planning Division June 16, 1997 Honorable Mayor David A. Bowers Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from C&C Development, LLC, represented by G. Michael Pace, Jr., attorney, that six parcels of land located on the west side of Tenth Street, N. W., bearing Official Tax Nos. 2120810 through 2120815, inclusive, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to conditions proffered by the petitioner. I. Background: Puroose of the rezoning reauest is to develop a Rite Aid neighborhood dru~ store Several properties to be used for the development are already zoned C-2. Petition to rezone was filed on 4/10/97. Followin~ the Planning Commission meeting, a First Amended Petition to Rezone was filed. Conditions of the rezonin~ are as follows: The Property will be developed in substantial conformity with the Rezoning Development Plan attached hereto as Exhibit B, subject to any changes required by the City during site plan review. The Petitioner will consult with the adjoining neighbors with respect to the appearance of the exterior of the building to be constructed on the Property. The Petitioner will install and maintain a bicycle rack and bench seat at a location to be determined on the property along Orange Avenue. The development of the property will include a 20' x 30' turnaround area as shown on the Plan attached hereto as Exhibit B. Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 The Petitioner will erect and maintain a "no left turn" or substantially similar sign at the exit nearest the northeast corner of 10th Street and Orange Avenue as shown on the Plan attached as Exhibit B. Pedestrian access to the property will be reviewed with City Staff during site plan review to ensure safe and coordinated access with adjacent sidewalks as planned by VDOT with respect to the proposed road improvements to 10th Street and Orange Avenue. Petition to close a portion of the alley between 10th and 1 lth Street has also been fileql in conjunction with this rezoning request. Alley closure is needed to develop property for the proposed use. Plannin~ Commission public hearin~ was held on 5/7/97. Mr. Mike Pace, Attorney for the petitioner, presented the rezoning request to the Commission. There was discussion among the Commission members regarding pedestrian and vehicular access, including bicycle accommodations. Mrs. Vernice Law of the Northwest Neighborhood Improvement Council spoke in favor of the rezoning request and advised that she was happy to see that the area would be upgraded. Mrs. Carolyn Fields, 706 Tenth Street, and adjacent property owner spoke in opposition to the rezoning. She said that she was concerned about raising her children that close to a drug store. She indicated that she had initially been approached about purchasing her property, but that she had not heard more about the project until the rezoning notice. Mr. Pace agreed to meet with her and discuss the proposed development plan. The Planning, Commission voted 6-0 to approve the rezoning request. II. Issues: Zoning of the properties are presently RM-2 1 lth Street area is identified as a neighborhood commercial area and was zoned to CN, Neighborhood Commercial in 1987. The requirements of the district became an issue with existing commercial development and the zoning was changed back to C-2 in 1990. Land use of the pronerties is a mixture of vacant land. small commercial b~sines~es. and residential structures. The land uses in the vicinity of the project are a similar mixture with commercial uses oriented more toward 1 lth Street and Orange Avenue. Transportation corridor along 10th Street is proposed for widening in th~ f~r~, and improvements are proposed to the intersection of Orange Avenue and 10th Street. Preliminary plans for 10th Street show little change along 10th Street in this area, however, 30 feet of right-of-way on the south side of Orange Avenue is anticipated for intersection improvements. Members of Council Page 3 Utilities for water, sewer and storm drain are available Storm water management will also need to be provided on site. Neighborhood omanization is. Northwest Nei~,hborhood Imnrovement Council. Neighborhood has been notified of this rezoning request and supported the rezoning at the Planning Commission meeting. Other neighborhood groups in this area are the Washington Park Neighborhood Alliance and the 1 lth Street Area Redevelopment and Improvement Group. F. Comnrehensive Plan recommends that: Development of new or existing commercial areas in the city should be carefully planned and designed to promote quality development and good land use. Development or reuse of small neighborhood shonping areas to serve the needs of area residents should be encouraged through public policy and private actions. Neiv, hborhood character and environmental oualitv should be protected. Possible changes in land use or new public and private development in or near residential areas should be carefi~lly evaluated and designed to conserve and enhance neighborhood quality. III. Alternatives: A. City Council approve the rezoning request. Zoning of the property becomes conditional C-2 Conditions relate to the development of the property Land use is pronosed as commercial The proposed development plan is a condition of the rezoning. Two residential structures will be removed as part of this rezoning request, however, the proximity of the properties to Orange Avenue and the widening of 10th Street in the future may make them less desirable for residential use. Buffering and landscaping of the remaining two residential structures on the block is included as part of the development plan. Transportation corridor improvements proposed for 10th Street and Orange Avenue are incom_ orated into the pronosed development plan. Future widening of Orange Avenue will reduce the landscaping presently proposed along Orange Avenue. Members of Council Page 4 ~. Storm water management can be accommodated on site and with public facilities. Northwest Neighborhood Imorovement Council is in support ofthe rezonin/, reauest. Other neighborhood groups have not contacted city staff with any comments. The 1 lth Street area has been the subject of previous targeted crime prevention efforts. Roanoke Neighborhood Partnership staff have recommended that the petitioners recognize that effort and work with the City and other businesses in the area, to sustain the progress that has been made. 6. Comnrehensive Plan could b~ followed B. City Council deny the rezonin~ reauest. 1. Zoning remains RM-2. 2. Land use remains residential/vacant 3. Transvortation corridor imt)rovement$ not affected 4. Utilities are available for residential or commercial uses. Neighborhood issue of residential development adiacent to Orange Avemm still needs to be addressed Continued residential development on 10th Street would be encouraged. 6. Comprehensive Plan could b~ followed. IV. Recommendation: Planning, Commission voted 6-0 (Mrs. Coles absent) to recommend that City Council approve the rezonin~ rea_uest. The subject properties, when combined with adjacent C-2 zoned properties, will be utilized in a well designed comprehensive manner that will be beneficial to commercial development on Orange Avenue and the 1 lth Street commercial area. While residential properties will be lost as a result of this development proposal, the widening of Tenth Street may pose future issues to the residential integrity of the properties and their proximity to Orange Avenue make them less desirable for residential use. Buffeting for the adjacent residential buildings on 10th Street is included as part of the development proposal. Members of Council Page 5 Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission IN RE: FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of 6 tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street being the land known in the tax records of Roanoke as parcels 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815, from RM-2 District to C-2 General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, C&C Development, L.L.C., has contracted to purchase 12 tracts of land in the City of Roanoke located on the south side of Orange Avenue (State Route 460) between 10th Street and 1 l th Street, for the purpose of constructing a Rite Aid neighb6-rhood drugstore. -- These parcels are known in the tax records as parcels 2120801, 2120803, 2120804, 2120805, 2120806, 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815, respectively. Of these, the 6 parcels on 1 lth Street are zoned C-2 (2120801 consisting of two lots, 2120803, 2120804, 2120805 and 2120806), and the 6 parcels on 10th Street are zoned RM-2 (2120810, 2120811, 2120812, 2120813, 2120814 and 2120815). A map showing the location of the subject property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the portion of the subject property containing tax parcels 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815 (the "Property") be rezoned from a RM-2 District to a C-2 General Commercial District for the purpose of establishing a Rite Aid Neighborhood Drug Store. The Petitioner believes the rezoning of the Property will further the intent and purposes of the Cityls Zoning Ordinance and its comprehensive plan, in that it will rehabilitate an inner Petition to Rezone 6 Parcels on 10th Street Page -2- city area in need of attention and provide needed services to the residents in the surrounding community. The Petitioner agrees if the Property is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: I. The Property will be developed in substantial conformity with the Plan attached hereto as Exhibit B, subject to any changes required by the City during site plan review. 2. The Petitioner will consult with the adjoining neighbors with respect to the appearance of the exterior of the building to be constructed on the Property. 3. The Petitioner will install and maintain a bicycle rack and bench seat at a location to be determined on the property along Orange Avenue. 4. The development of the property will include a 20' x 30' turnaround area as shown on the Plan attached hereto as Exhibit B. 5. The Petitioner will erect and maintain a "No Left Turn" or substantially similar sign at the exit nearest the northeast comer of 10th Street and Orange Avenue as shown on the Plan attached as Exhibit B. 6. Pedestrian access to the property will be reviewed with City Staff during site plan review to ensure safe and coordinated access with adjacent sidewalks as planned by VDOT with respect to the prbposed road improvements to 10th Street and Orange Avenue. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or property and immediately adjacent to immediately across a street or road from the Property. Petition to Rezone 6 Parcels on 10th Street Page -3- WHEREFORE, the Petitioner requests that the Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 10th day of April, 1997. Respectfully submitted, G. Michael Pace, Jr. GENTRY LOCKE RAKES & MOORE Post Office Box 40013 Roanoke, Virginia 24038-0013 C&C DEVELOPMENT, L.L.C. Petition to Rezone 6 Parcels on 10th Street Page -4- C&C DEVELOPMENT, L.LC EXHIBIT C PROPERTY OWNERS OF PROPOSED RITE AID PURCHASE AT 10TH .STREET AND ORANGE AVENUE AND ADJOINING OWNERS Tax Map Owner AddreSs Phone No. No. 2120801 Dodson Brothers Exterminating P.O. Box 10249 804-846-2747 Company, Inc~ Lynchburg, VA 24506 2120803 Dodson Brothers Exterminating P.O. Box 10249 804-846-2747 Company, Inc. Lynchburg, VA 24506 2120804 Dodson Brothers Exterminating P.O. Box 10249 804-846-2747 Company, Inc. Lynchburg, VA 24506 2120805 Dr. Wendell H. Butler and 2118 Andrews Road, NW 540-344-7968 Susie S. Roanoke, VA 24017 2120806 Richard M. Daniel, Jr. 715 llth Street, NW No phone Roanoke, VA 24017 number available 2120807 Liberty Investment Corporation 6893 Campbell Drive 540-380-3342 c/o Wayne A. Ayers Salem, VA 24153 2120808 Liberty Investment Corporation c/o Wayne A. Ayers 540-380-3342 6893 Campbell Drive Salem, VA 24153 2120809 Wayne A. Ayers and Lois A. 6893 Campbell Drive 540-380-3342 Salem, VA 24153 2120810 Dorothy L. Smith 3038 Willow Rd., NW No phone Roanoke, VA 24017 available 2120811 Dorothy L. Smith 3038 Willow Rd., NW No phone Roanoke, VA 24017 available 2120812 James E. Carpenter and Stella- 8728 Reservoir Road 540-563-2789 M. Roanoke, VA 24019 2120813 James E. Carpenter and Stella 8728 Reservoir Road 540-563-2789 M. Roanoke, VA 24019 212081~ Vemice Law 1019 Staunton Ave., NW 540-985-0961 Roanoke, VA 24017 ? dO ~ZONED BY ORD. Tax · Map Owner Address Phone No. No. 2120815 Jessie Calloway and Nancy 712 10th Street, N~ 540-343-2534 Roanoke, VA 24016 2120816 Carolyn Fields 706 10th Street, NW No phone Roanoke, VA 24016 available 2120817 Wilton M. Lash and Darthula 10100 Jay Dee Blvd. No phone Fairfax Station, VA 22039 available 2120409 Charles L. Manns 931 Orange Ave., NW 540-343-0709 Roanoke, VA 24016 2120501 Delmar L. Jackson, II and 801 10th Street, NW 540-982-4292 Pamela J. Roanoke, VA 24016 2120901 Ellis M. Warren 711 10th Street, NW No phofie Roanoke, VA 24016 available 2120908 Arthur Lee 416 Chapman Street No phone Salem, VA 24153 available 2120315 City of Roanoke c/o Will Dibling, Esq., 540-853-2431 City Attorney 215 Church Ave., Rm. 464 Roanoke, VA 24011 2120314 Nelson D. Reed 3821 High Acres Road, NW 540-563-5607 -- Roanoke, VA 24017 2120313 Napo!eon Jones, Jr. and 2142 Holly Lane 540-992-4104 Maggie D. Daleville, VA 24083 2120312 Napoleon Jones, Jr. and 2142 Holly Lane 540-992-4104 Maggie D. Daleville, VA 24083 2120311 Phil O. Johns 2206 Patterson Ave., SW No phone Roanoke, VA 24016 available 2120310 Phil O. Johns~ 2206 Patterson Ave., SW No phone Roanoke, VA 24016 available 2120309 Phil O. Johns 2206 Patterson Ave., SW No phone Roanoke, VA 24016 available Tax Map Owner Address Phone No. No. 2222108 Conny Oil, Inc. c/o Coy Bowling No phone 2430 Roanoke Ave., SW available Roanoke, VA 24015 2222119 Robert VanKerckhove and 6818 Mason Knob Trail, SW 540-989-2755 Bertie S. Roanoke, VA 24018 2222110 Robert Junius Ferrell and 1701 Angus Road, NW 540-362-2787 Linda Young Ferrell Roanoke, VA 24017 2222116 Helen R. Huddleston Rt. 2, Box 408 No phone Moneta, VA 24121 available 2222117 Liberty Investment Corp. c/o Wayne A. Ayers No phone 6893 Campbell Dr. available Salem, VA 24153 2222118 Joe L. Everett 2802 Kirkland Dr., NW No phone Roanoke, VA 24017 available 2221416 Hughes Brothers Home for 1101 Orange Ave., NW 540-345-4675 Adults, Inc. Roanoke, VA 24017 3 D~LOPMENT~,.,~ ~,~%~ ~ ,~'~"P~N. ..~' ,~' La~ley and McDonald, II AID CORPO~TION t REZONING DEVELOPMENT PLAN RITE AID CORPORATION Langley and McDonald, P.C, ;TORE NO. 9105 irate Route 460 ond lOth Street loanoke City, Virginia )rint: erage: City: Rite Aid: Parking: Site Zoned RM-2 and C-2 to be Rezoned to all C-2 73,972 sf (1.70 Acres) 10,000 sf (022 Acres) 75' 9,722 sf 921 sf 11,057 SF 25' Front Yard 25' Rear Yard O' Side Yard An 8' Front Yard Landscaped Strip is Required: A 10' Landscaped Strip is provided. A 10' Rear Yard Landscaped Buffer is Required Adjacent to "R" District, a 15' Strip is Provided Along Entire Rear. 5% of Parking Lot and Drive Aisles. Regular Spaces = 9,722 sf Retail (1 spa/200 sf) = 921 sf Storage (1 spa/lO00 sf) = 10,64,3 sf Gross Interior (1 spa/200 sf) = 54 spaces 51 to 7,5 spaces = 3 spaces including at least 1 van accessible space. Regular 54 H/C Spaces 3 57 Total Spaces 49 spaces 1 spaces 50 Spaces Loading Spaces GRAPHIC SCALE 20 40 linch= 20 ft, 80 DEVELOPER: C & C D~q/ELOPMENT 2604 BARRETT STt~£ET VA. BEACH, VA. 23452 (757) $40-4104 ATTN: JIM CATCH PROJ.NO. 94100-91 SCALE: 1" = 20' SHEET OF 1OF 1 DWG. NO. 24911 ROANOKE TIMES Ad Number: ~';tq Publisher's Fee: 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, 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: 456, V from to Witness, this day of ~'U_/U~?_. , ~7 · Authorized Signature . Classified Sales Manager 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, June 16, 1997, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain proffered conditions, the following property: Those certain six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, and being designated as Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815. 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 the question. GIVEN under my hand this ~Tth day of ~y , 1997. heard on Mary F. Parker, City Clerk. Publish in the J~, once on Thursday, June 5, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 G. Michael Pace, Jr., Attorney Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 9, 1997 File #51 G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 Dear Mr. Pace: 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of C & C Development, L.L.C., that six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, and designated as Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. The City Planning Commission has recommended approval of the request inasmuch as the subject properties, when combined with adjacent C-2 zoned properties, will be utilized in a well designed comprehensive manner that will be beneficial to commercial development on Orange Avenue and the 11th Street commercial area. While residential properties will be lost as a result of this development proposal, the widening of Tenth Street may pose future issues to the residential integrity of the properties and their proximity to Orange Avenue make them less desirable for residential use. Buffering for the adjacent residential buildings on 10th Street is included as part of the development proposal. G. MichaelPace, Jr.,Attorney Gentry, Locke, Rakes and Moore June 10,1997 Page 2 If you have questions with regard to the City Planning Commission report, please contact John R. Marlles, Agent, City Planning Commission, at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Dodson Brothers Exterminating Co., P. O. Box 10249, Lynchburg, Virginia 24506 Dr. and Mrs. Wendell H. Butler, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 Mr. Richard M. Daniel, Jr., 715 11th Street, N. W., Roanoke, Virginia 24017 Liberty Investment Corp., c/o Mr. Wayne A. Ayers, 6893 Campbell Drive, Salem, Virginia 24153 Ms. Vernice Law, 1019 Staunton Avenue, N. W., Roanoke, Virginia 24017 Ms. Carolyn Fields, 706 10th Street, N. W., Roanoke, Virginia 24016 Mr. Charles L. Manns, 931 Orange Avenue, N. W., Roanoke, Virginia 24016 Mr. Delmar L. Jackson, II, and Ms. Pamela J. Jackson, 801 10th Street, N. W., Roanoke, Virginia 24016 Mr. Arthur Lee, Executor, 416 Chapman Street, Salem, Virginia 24153 Mr. Ellis M. Warren, 711 10th Street, N. W., Roanoke, Virginia 24016 Mr. Nelson D. Reed, 3821 High Acres Road, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Napoleon Jones, 2142 Holly Lane, Daleville, Virginia 24083 Mr. Phil O. Johns, 2206 Patterson Avenue, S. W., Roanoke, Virginia 24016 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk June 10, 1997 File #51 G. Michael Pace, Jr., Attorney Gentry, Locke, Rakes and Moore P. O. Box 40013 Roanoke, Virginia 24038-0013 Dear Mr. Pace: 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of C & C Development, L.LC., that six tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street, and designated as Official Tax Nos. 2120810, 2120811, 2120812, 2120813, 2120814, and 2120815, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioner. For your information, I am enclosing copy of a notice of the public hearing, an Ordinance and a report of the City Planning Commission with regard to the request for rezoning. Please review the documents and if you have questions, you may contact Steven J. Talevi, Assistant City Attorney, at 853-2431. Questions with regard to the Planning Commission report should be directed to John R. Marlles, Agent, City Planning Commission, at 853-2344. G. Michael PacelJr., Attorney Gentry, Locke, Rakes and Moore June 10,1997 Page 2 It will be necessary for you, or your representative, to be present at the June 16 public hearing. Failure to appear could result in a deferr?' of the matter until a later date. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. MARY E PARKER, CMC/AAE Cily Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H, EAKIN Deputy City Clerk June 4, 1997 File ff~51 Gilbert E. Butler, Jr., Chair City Planning Commission 3406 Exeter Street, S. W. Roanoke, Virginia 24014 Dear Mr. Butler: 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 G. Michael Pace, Jr., Attorney, representing C & C Development, L.L.C., requesting that six tracts of land located on the south side of Orange Avenue (Route 460), on 10th Street, N. W., identified as Official Tax Nos. 2120810 - 2120815, inclusive, be rezoned from RM-2, Residential Multi-family, Medium Density 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 Enc. Gilbe~ E. Butler, Jr., Chair City Planning Commission June 4,1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council G. Michael Pace, Jr., Attorney, Gentry, Locke, Rakes and Moore, P. O. Box 40013, Roanoke, Virginia 24038-0013 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 RE: FIRST AMENDED PETITION TO REZONE IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Rezoning of 6 tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street being the land known in the tax records of Roanoke as parcels 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815, from RM-2 District to C-2 General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, C&C Development, L.L.C., has contracted to purchase 12 tracts of land in the City of Roanoke located on the south side of Orange Avenue (State Route 460) between 10th Street and 1 l th Street, for the purpose of constructing a Kite Aid neighborhood drugstore. These parcels are known in the tax records as parcels 2120801, 2120803, 2120804, 2120805, 2120806, 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815, respectively. Of these, the 6 parcels on 1 lth Street are zoned C-2 (2120801 consisting of two lots, 2120803, 2120804, 2120805 and 2120806), and the 6 parcels on 10th Street are zoned RM-2 (2120810, 2120811, 2120812, 2120813, 2120814 and 2120815). A map showing the location of the subject property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the portion of the subject property containing tax parcels 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815 (the "Property") be rezoned from a RM-2 District to a C-2 General Commercial District for the purpose of establishing a Kite Aid Neighborhood Drug Store. The Petitioner believes the rezoning of the Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will rehabilitate an inner Petition to Rezone 6 Parcels on 10th Street Page -2- city area in need of attention and provide needed services to the residents in the surrounding community. The Petitioner agrees if the Property is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The Property will be developed in substantial conformity with the Plan attached hereto as Exhibit B, subject to any changes required by the City during site plan review. 2. The Petitioner will consult with the adjoining neighbors with respect to the appearance of the exterior of the building to be constructed on the Property. 3. The Petitioner will install and maintain a bicycle rack and bench seat at a location to be determined on the property along Orange Avenue. 4. The development of the property will include a 20' x 30' turnaround area as shown on the Plan attached hereto as Exhibit B. 5. The Petitioner will erect and maintain a "No Left Turn" or substantially similar sign at the exit nearest the northeast corner of 10th Street and Orange Avenue as shown on the Plan attached as Exhibit B. 6. Pedestrian access to the property will be reviewed with City Staff during site plan review to ensure safe and coordinated access with adjacent sidewalks as planned by VDOT with respect to the proposed road improvements to 10th Street and Orange Avenue. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or property and immediately adjacent to immediately across a street or road from the Property. Petition to Rezone 6 Parcels on 10th Street Page -3- WHEREFORE, the Petitioner requests that the Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 10th day of April, 1997. Respectfully submitted, C&C DEVELOPMENT, L.L.C. By: e/~~~~]- ~ Of Counsel ~ G. Michael Pace, Jr. GENTRY LOCKE RAKES & MOORE Post Office Box 40013 Roanoke, Virginia 24038-0013 Petition to Rezone 6 Parcels on 10th Street Page -4- C&C DEVELOPMENT, L.LC By: ~ EXHIBIT C PROPERTY OWNERS OF PROPOSED RITE AID PURCHASE AT 10TH-STREET AND ORANGE AVENUE AND ADJOINING OWNERS Tax Map Owner Address Phone No. No. 2120801 Dodson Brothers Exterminating P.O. Box 10249 804-846-2747 Company, Inc. Lynchburg, VA 24506 2120803 Dodson Brothers Exterminating P.O. Box 10249 804-846-2747 Company, Inc. Lynchburg, VA 24506 2120804 Dodson Brothers Exterminating P.O. Box 10249 804-846-2747 Company, Inc. Lynchburg, VA 24506 2120805 Dr. Wendell H. Butler and 2118 Andrews Road, NW 540-344-7968 Susie S. Roanoke, VA 24017 2120806 Richard M. Daniel, Jr. 715 1 I th Street, NW No phone Roanoke, VA 24017 number available 2120807 Liberty Investment Corporation 6893 Campbell Drive 540-380-3342 c/o Wayne A. Ayers Salem, VA 24153 2120808 Liberty Investment Corporation c/o Wayne A. Ayers 540-380-3342 6893 Campbell Drive Salem, VA 24153 2120809 Wayne A. Ayers and Lois A. 6893 Campbell Drive 540-380-3342 Salem, VA 24153 2120810 Dorothy L. Smith 3038 Willow Rd., NW No phone Roanoke, VA 24017 available 2120811 Dorothy L. Smith 3038 Willow Rd., NW No phone Roanoke, VA 24017 available 2120812 James E. Carpenter and Stella 8728 Reservoir Road 540-563-2789 M. Roanoke, VA 24019 2120813 James E. Carpenter and Stella 8728 Reservoir Road 540-563-2789 M. Roanoke, VA 24019 2120814 Vernice Law 1019 Staunton Ave., NW 540-985-0961 Roanoke, VA 24017 Tax , Map Owner Address Ph, one No. No. 2120815 Jessie Calloway and Nancy 712 10th Street, NW 540-343-2534 Roanoke, VA 24016 2120816 Carolyn Fields 706 10th Street, NW No phone Roanoke, VA 24016 available 2120817 Wilton M. Lash and Darthula 10100 Jay Dee Blvd. No phone Fairfax Station, VA 22039 available 2120409 Charles L. Manns 931 Orange Ave., NW 540-343-0709 Roanoke, VA 24016 2120501 Delmar L. Jackson, II and 801 10th Street, NW 540-982-4292 Pamela J. Roanoke, VA 24016 2120901 Ellis M. Warren 711 10th Street, NW No phone Roanoke, VA 24016 available 2120908 Arthur Lee 416 Chapman Street No phone Salem, VA 24153 available 2120315 City of Roanoke c/o Will Dibling, Esq., 540-853-2431 City Attorney 215 Church Ave., Rm. 464 Roanoke, VA 24011 2120314 Nelson D. Reed 3821 High Acres Road, NW 540-563-5607 -- Roanoke, VA 24017 2120313 Napoleon Jones, Jr. and 2142 Holly Lane 540-992-4104 Maggie D. Daleville, VA 24083 2120312 Napoleon Jones, Jr. and 2142 Holly Lane 540-992-4104 Maggie D. Daleville, VA 24083 2120311 Phil O. Johns 2206 Patterson Ave., SW No phone Roanoke, VA 24016 available 2120310 Phil O. Johns 2206 Patterson Ave., SW No phone Roanoke, VA 24016 available 2120309 Phil O. Johns 2206 Patterson Ave., SW No phone Roanoke, VA 24016 available 7157',1 IL347303.1 2 Tax · Map Owner Address Phone No. No. 2222108 Conny Oil, Inc. c/o Coy Bowling No phone 2430 Roanoke Ave., SW available Roanoke, VA 24015 2222119 Robert VanKerckhove and 6818 Mason Knob Trail, SW 540-989-2755 Bertie S. Roanoke, VA 24018 2222110 Robert Junius Ferrell and 1701 Angus Road, NW 540-362-2787 Linda Young Ferrell Roanoke, VA 24017 2222116 Helen R. Huddleston Rt. 2, Box 408 No phone Moneta, VA 24121 available 2222117 Liberty Investment Corp. c/o Wayne A. Ayers No phone 6893 Campbell Dr. available Salem, VA 24153 2222118 Joe L. Everett 2802 Kirkland Dr., NW No phone Roanoke, VA 24017 available 2221416 Hughes Brothers Home for 1101 Orange Ave., NW 540-345-4675 Adults, Inc. Roanoke, VA 24017 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZON1NGREQUEST OF: C&C Development, LLC, represented by Mike Pace ) thatproperty located on the west side of 10th Street, N.W. )AFFIDAVIT bearing Official Tax Nos. 2120810 -2120815, inclusive ) be rezoned from RM-2 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 28th day of April, 1997, notices of a public hearing to be held on the 7th day of May, 1997, on the closures captioned above to the owner or agent of the parcels listed below at their last known address: Parcel Owner's Name Mailin~ Address Dodson Brothers Exterminating Company 2120801 2120803 2120804 2120805 2120806 2120807 Dr. Wendell H. and Susie Butler Richard M. Daniel, Jr. Liberty Investment Corp. c/o Wayne A. Ayers P. O. Box 10249 Lynchburg, VA 24506 2118Andrews Road Roanoke, VA 24017 715 llth Street, NW Roanoke, VA 24017 6893 Campbell Drive Salem, VA 24153 2120816 2120409 2120501 2120901 2120908 2120315 Carolyn Fields Charles L. Mamas Delmar L. Jackson, II Pamela J. Jackson Ellis M. Warren Arthur Lee, Executor City of Roanoke 706 10th Street, NW Roanoke, VA 24016 931 Orange Avenue, N.W. Roanoke, VA 24016 801 10th Street, NW Roanoke, VA 24016 711 10th Street, NW Roanoke, VA 24016 416 Chapman Street Salem,V A 24153 2120314 Nelson D. Reed 3821 High Acres Road, NW Roanoke, VA 24017 2120313 2120312 Napoleon and Maggie Jones 2142 Holly Lane Daleville, VA 24083 2120311 Phil O. Johns 2206 Patterson Avenue, SW Roanoke, VA 24016 ' ' Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of April, 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, May 7, 1997, 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 C & C Development, LLC, represented by G. Michael Pace, Jr., Attorney, that six parcels of land located on the west side of Tenth Street, N.W., bearing Official Tax Nos. 2120810 through 2120815, inclusive, be rezoned from RM-2, Residential Multifamily, Medium Density District, to C-2, General Commercial District, subject to conditions proffered by the petitioner. Request from C & C Development, LLC, represented by G. Michael Pace, Jr., Attorney, that a portion of a 12-foot public alley located in Block 6, Moorman Homesteads Lot Map, bounded on both sides by property bearing Official Tax Nos. 2120801; 2120803 through 2120806, inclusive; and 2120810 through 2120815, inclusive, for a distance of approximately 310'+, 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 dat~ and be heard on the matter. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, April 22, 1997 and Tuesday, April 29, 1997 Please bill: G. Michael Pace, Jr. Gentry Locke Rakes & Moore P. O. Box 40013 Roanoke, VA 24038-0013 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building, 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) 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) 853-2541 Fax: {540) 853-1145 SANDRA H. E&KIN Deputy Ctl2, (lerk April 17, 1997 File #51 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from G. Michael Pace, Jr., Attorney, representing C & C Development, LLC., requesting that six tracts of lend located on the south side of Orange Avenue (Route 460), on 10th Street, N. W., identified as Official Tax Nos. 2120810 - 2120815, inclusive, be rezoned from RM-2, Residential Multi-family, Medium Density District, to C-2, General Commercial District. Sincerely, Mary F. Parker, CMClAAE City Clerk MFP:sm Enc. John R. Marlles, Agent City Planning Commission April 17, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council G. Michael Pace, Jr., Attorney, Gentry; Locke, Rakes and Moore, P. O. Box 40013, Roanoke, Virginia 24038-0013 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Petition for rezoning of 6 tracts of land lying to the south of Orange Avenue (State Route 460) on 10th Street being the land known in the tax records of Roanoke as parcels 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815, from RM-2 District to C-2 General Commercial District. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: The Petitioner, C&C Development, L.L.C., has contracted to purchase 12 tracts of land in the City of Roanoke located on the south side of Orange Avenue (State Route 460) between 10th Street and 1 lth Street, for the purpose of constructing a Rite Aid neighborhood drugstore. These parcels are known in the tax records as parcels 2120801, 2120803, 2120804, 2120805, 2120806, 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815, respectively. Of these, the 6 parcels on 1 l th Street are zoned C-2 (2120801 consisting of two lots, 2120803, 2120804, 2120805 and 2120806), and the 6 parcels on 10th Street are zoned RM-2 (2120810, 2120811, 2120812, 2120813, 2120814 and 2120815). A map showing the location of the subject property is attached as Exhibit A. Pursuant to Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioner requests that the portion of the subject property containing tax parcels 2120810, 2120811, 2120812, 2120813, 2120814 and 2120815 (the "Property") be rezoned from a RM-2 District to a C-2 General Commercial District for the purpose of establishing a Rite Aid Neighborhood Drug Store. The Petitioner believes the rezoning of the Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will rehabilitate an inner city area in need of attention and provide needed services to the residents in the surrounding community. Petition to Rezone 6 Parcels on 10th Street Page -2- The Petitioner hereby further proffers and agrees if the Property is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1. The Property will be developed in substantial conformity with the Rezoning Development Plan attached hereto as Exhibit B, subject to any changes required by the City during site plan review. 2. That if no building permit has been issued and no construction commenced within 3 years from the date of final zoning approval, the zoning shall revert to RM-2 without further action by City Council. Attached as Exhibit C are the names, addresses and tax numbers of the owners of all lots or property and immediately adjacent to immediately across a street or road from the Property. WHEREFORE, the Petitioner requests that the Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. Respectfully submitted this 10th day of April, 1997. Respectfully submitted, Of ~ounsel ''~ ~ " G. Michael Pace, Jr. GENTRY LOCKE RAKES & MOORE Post Office Box 40013 Roanoke, Virginia 24038-0013 Petition to Rezone 6 Parcels on 10th Street Page -3- C&C DEVELOPMENT, L.L.C. I t s: 212080&, .~ .~. ~ .~o EXHIBIT B I f EXHIBIT C PROPERTY OWNERS OF PROPOSED RITE AID PURCHASE AT 10TH STREET AND ORANGE AVENUE AND ADJOINING OWNERS Tax Map Owner Address Phone No. 2120801 Dodson Brothers Exterminating P.O. Box 10249 Company, Inc. Lynchburg, VA 24506 2120803 Dodson Brothers Exterminating P.O. Box 10249 Company, Inc. Lynchburg, VA 24506 2120804 Dodson Brothers Exterminating P.O. Box 10249 Company, Inc. Lynchburg, VA 24506 2120805 Dr. Wendell H. Butler and 2118 Andrews Road, NW Susie S. Roanoke, VA 24017 2120806 Richard M. Daniel, Jr. 715 llth Street, NW Roanoke, VA 24017 2120807 Liberty Investment Corporation 6893 Campbell Drive c/o Wayne A. Ayers Salem, VA 24153 2120808 Liberty Investment Corporation c/o Wayne A. Ayers 6893 Campbell Drive Salem, VA 24153 2120809 Wayne A. Ayers and Lois A. 6893 Campbell Drive Salem, VA 24153 2120810 Dorothy L. Smith 3038 Willow Rd., NW Roanoke, VA 24017 2120811 Dorothy L. Smith 3038 Willow Rd., NW Roanoke, VA 24017 2120812 James E. Carpenter and Stella 8728 Reservoir Road M. Roanoke, VA 24019 2120813 James E. Carpenter and Stella 8728 Reservoir Road M. Roanoke, VA 24019 2120814 Vernice Law 1019 Staunton Ave., NW Roanoke, VA 24017 Tax Map Owner Address Phone No. No. 2120815 Jessie Calloway and Nancy 712 10th Street, NW Roanoke, VA 24016 2120816 Carolyn Fields 706 10th Street, NW Roanoke, VA 24016 2120817 Wilton M. Lash and Darthula 10100 Jay Dee Blvd. Fairfax Station, VA 22039 2120409 Charles L. Manns 931 Orange Ave., NW Roanoke, VA 24016 I 2120501 Delmar L. Jackson, II and 801 10th Street, NW Pamela J. Roanoke, VA 24016 2120901 Ellis M. Warren 711 10th Street, NW Roanoke, VA 24016 2120908 Arthur Lee 416 Chapman Street Salem, VA 24153 2120315 City of Roanoke c/o Will Dibling, Esq., City Attorney 215 Church Ave., Rm. 464 Roanoke, VA 24011 2120314 Nelson D. Reed 3821 High Acres Road, NW Roanoke, VA 24017 2120313 Napoleon Jones, Jr. and 2142 Holly Lane Maggie D. Daleville, VA 24083 2120312 Napoleon Jones, Jr. and 2142 Holly Lane Maggie D. Daleville, VA 24083 2120311 Phil O. Johns 2206 Patterson Ave., SW Roanoke, VA 24016 2120310 Phil O. Johns 2206 Patterson Ave., SW Roanoke, VA 24016 2120309 Phil O. Johns 2206 Patterson Ave., SW Roanoke, VA 24016 7157\11\347303.1 2 Tax Map Owner Address Phone No. No. 2222108 Conny Oil, Inc. c/o Coy Bowling 2430 Roanoke Ave., SW Roanoke, VA 24015 2222119 Robert VanKerckhove and 6818 Mason Knob Trail, SW Bertie S. Roanoke, VA 24018 2222110 Robert Junius Ferrell and 1701 Angus Road, NW Linda Young Ferrell Roanoke, VA 24017 2222116 Helen R. Huddleston Rt. 2, Box 408 Moneta, VA 24121 2222117 Liberty Investment Corp. c/o Wayne A. Ayers 6893 Campbell Dr. Salem, VA 24153 2222118 Joe L. Everett 2802 Kirkland Dr., NW Roanoke, VA 24017 2221416 Hughes Brothers Home for 1101 Orange Ave., NW Adults, Inc. Roanoke, VA 24017 I 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #51-169 Harry S. Rhodes, Attorney Bersch & Rhodes 640 Crestar Plaza Roanoke, Virginia 24011 Dear Mr. Rhodes: I am enclosing copy of Ordinance No. 33461-070797 amending and reordaining §36.1- 250, S!3ecial exception uses. of Subdivision A. LM: Liaht Manufacturing District, of Division 4, JJ3;k~[d~.D~, of Article III, J~L~J~LB~, of Chapter 36.1, nT,,_~.JDg, of the Code of the City of Roanoke (1979), as amended, by adding new subsection (8) to provide for automobile paint and body shops as a special exception use. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE~ City Clerk MFP:sm Enc. Harry S. Rhodes, Attorney Bersch & Rhodes July 11, 1997 Page 2 pc; The Honorable Clifford R. Weckstein, Chief Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Roy B. Willett, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Diane McQ. Strickland, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Richard C. Pattisall, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Robert P. Doherty, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Jonathan M. Apgar, Judge, Twenty-Third Judicial Circuit of Virginia The Honorable Julian H. Raney, Jr., Chief Judge, General District Court The Honorable George W. Harris, Jr., Judge, General District Court The Honorable Vincent A. Lilley, Judge, General District Court The Honorable William D.' Broadhurst, Judge, General District Court The Honorable Jacqueline F. Ward Talevi, Judge, General District Court The Honorable John B. Ferguson, Chief Judge, Juvenile and Domestic Relations District Court The Honorable Joseph M. Clarke, II, Judge, Juvenile and Domestic Relations District Court The Honorable Philip Trompeter, Judge, Juvenile and Domestic Relations District Court The Honorable Joseph P. Bounds, Judge, Juvenile and Domestic Relations District Court Evelyn Jefferson, Vice-President - Supplements, Municipal Code Corporation, P. O. Box 2235, Tallahassee, Florida 32304 Raymond F. Leven, Public Defender, Suite 4B, Southwest Virginia Building, Roanoke, Virginia 24011 The Honorable Arthur B. Crush, III, Clerk, Circuit Court Ronald S. Albright, Clerk, General District Court Patsy A. Bussey, Clerk, Juvenile and Domestic Relations District Court Bobby D. Casey, Office of the Magistrate W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney James D. Grisso, Director of Finance William F. Clark, Director, Public Works John R. Marlles, Chief, Planning and Community Development Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator IN THE'COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33461-070797. AN ORDINANCE amending and reordaining S36.1-250, Special exception uses, of Subdivision A. LM~ Liqht Ma~acturinq District, of Division 4, Industrial Districts, of Article III, District Requlations, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, by adding new subsection (8) to provide for automobile paint and body shops as a special exception use. BE IT ORDAINED by the Council of §36.1-250, Special exception uses, of Manufacturing District, of Division Article III, District Regulations, of the City of Roanoke that Subdivision A. LM; Light 4, Industrial Districts, of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: ARTICLE III. DISTRICT REGULATIONS DIVISION 4. INDUSTRIAL DISTRICTS Subdivision A. LM~ Light Manufacturing District Sec. 36.1-250. Special exception uses. The following uses may be permitted in the LM district by special exception granted by the board of zoning appeals subject to the requirements of this section: (8) Automobile painting and body shops provided: (a) the lot area contains a minimum of forty thousand (40,000) square feet; (b) (c) (d) the minimum gross floor area of the building shall not be less than fifteen thousand (15,000) square feet; the outside storage area is accessory to a building on the same lot and has a maximum area of no greater than eighty percent (80%) of the gross floor area of the building; and the outdoor storage area is screened from view from properties and public streets. adequately adjacent ATTEST: City Clerk. Roanoke City Planning Commission June 16, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Proposed amendment to Section 36.1-250. Special exception uses. LM, Light Manufacturing District, Code of the City of Roanoke (1979), as amended. I. Background: Pumose of the proposed ordinance amendment is to provide for automobile paint and body shops as a special exception use in the LM, Light Manufacturing District. Petitioner, Bennett Properties, LLC, is the owner of a tract of land in the LM district who wishes to construct a new automobile paint and body shop on the property. Petitioner's request for an interpretation of the zoning ordinance to permit an automobile paint and body shop as a general service establishment was considered at a public hearing before the Roanoke City Board of Zoning Appeals held on March 4, 1997. The request was denied because Board members did not feel they had the authority to approve the request. Industrial land has been identified as a valuable economic asset in the City which should be protected. The LM district is intended primarily for light manufacturing, processing, storage, wholesaling and distribution, and also general service establishments. Automobile paint and body shops were a permitted use in the LM district prior to the comprehensive update to the zoning ordinance approved in 1987. Room 162 Municipal Building 215 Church Avenue, S,W. Roanoke, Virginia 24011 (540) 853-2344 II. III. Current Situation: Many existing automobile paint and body shops in the City are located in the LM district. As nonconforming users the owners of such businesses are severely limited in their ability to expand or make significant improvements. New automobile paint and body shops are currently only permitted by special exception in the C-2, General Commercial District. Request was tabled at the April 2, 1997, meeting of the Commission in order to give the petitioner an opportunity to amend his petition. First amended petition to amend the Zoning Ordinance was submitted on April 10, 1997. Petition is requesting that the following subsection be added to Section 36.1- 250 of the City Code: (8) Automobile painting and body shops provided: (a) (b) (c) (d) the lot area contains a minimum of forty thousand (40,000) square feet; the minimum gross floor area of the building shall not be less than fifteen thousand (15,000) square feet; the outside storage area is accessory to a building on the same lot and has a maximum area of no greater than eighty (80) percent of the gross floor area of the building; and the outdoor storage area is adequately screened from view from adjacent properties and public streets. Planning Commission public hearing was held on May 7, 1997. Mr. Harry Rhodes, attorney, appeared before the Commission and stated that he was asking for an amendment to the City's zoning ordinance to permit automobile painting and body shops in an LM district, by special exception. Mr. Rhodes noted that the character of auto body shops had changed over the years and that an amendment to allow the shops in the LM district was reasonable. Mr. Marlles gave the staff.report. He stated that since the last Planning Commission hearing, staff had worked with the petitioner's attorney to develop additional criteria to guide the decision of the City's Board of Zoning Appeals when considering a special exception permit for such facilities. Mr. Marlles stated that staff.was recommending approval of the proposed amendment. Recommendation: By a vote of 6-0, the Planning Commission recommended approval of the proposed amendment to Section 36.1-250 of the City Code to provide for automobile paint and body shops as a special exception use in the LM, Light Manufacturing District. The proposed criteria and requirement that new automobile paint and body shops be reviewed on a case- by-case basis by the Board of Zoning Appeals at a public hearing will help insure that such establishments are compatible with surrounding area. JRM:mpf attachment cc: Assistant City Attorney Zoning Administrator Attorney for the Petitioner Respectfully submitted, Gilbert E. Butler, Chairman Roanoke City Planning Commission MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue. S W, Room 4.56 Roanoke. Virginia 2401 I- 1536 Telephone: 1540) 853-2541 Fax: {540) 853-1145 SANDRA H. EAKIN Deputy Ca? Clerk April 10, 1997 File #51 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of an amended petition from Harry S. Rhodes, Attorney, representing Bennett Properties, L.L.C., requesting that Section 36.1-250, SDecial Exceotion Uses, of Chapter 36.1, ~ of the Code of the City of Roanoke (1979), as amended, be amended, to permit automobile painting and body shops in the LM, Light Manufacturing District. Sincerely, City Clerk MFP:sm Eno. John R. Marlles, Agent City Planning Commission April 10, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council Harry S. Rhodes, Attorney, Bersch & Rhodes, 640 Crestar Plaza, Roanoke, Virginia 24011 t...Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney 3ERSCH ~ RHODES IN T~E COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment to Section 36.1-250 of the Code of the City of Roanoke (1979), as amended, "Special Exception Uses", to permit automobile painting and body shops in an LM, Light Manufacturing District, zone FIRST AMENDMENT TO PETITION TO AMEND ZONING ORDINANCE TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: COMES NOW, the Petitioner, Bennett Properties, L.L.C., by its legal counsel, Harry S. Rhodes, and files this First Amendment to Petition to Amend Zoning Ordinance, as follows: 1. The Petitioner is the owner of land in the City of Roanoke containing approximately 3.308 acres, located at Lynn Brae Drive, N.E. The property is identified as Tax Map No. 7150112 and is more particularly described as Parcel A, Plat of Section 2, Statesman Plaza, as shown on Exhibit A, attached, The property is currently zoned LM, Light Manufacturing District, and is currently a vacant, unimproved lot. 2. The Petitioner has filed a Petition to Amend Zoning Ordinance requesting that the permitted use provisions for Light Manufacturing District be amended to allow automobile painting and body shops as a special exception use "provided that there shall be no outdoor storage of damaged automobiles, auto parts or other materials. ~:~- 3. In order to address certain concerns ra£se~j ~"i'~__ proposed Amendment the Petitioner desires to amen~~ 'to change the proposed provisions of the special exception use. T~EREFORE, the Petitioner, by its legal counsel, amends its Petition to Amend the Zoning Ordinance and requests that the following subsection be added to Section 36.1-250 of the City Code: (8) Automobile painting and body shops provided: (a) the lot area contains a minimum of forty thousand (40,000) square feet; (b) the minimum gross floor area of the building shall be not less than fifteen (15,000) square feet; (c) the outside storage area is accessory to a building on the same lot and has a maximum area of no greater than eighty (80) percent of the gross floor area of the building; and (d) the outdoor storage area is adequately screened from view from adjacent properties and public streets. Respectfully submitted, BENNETT PROPERTIES, L.L.C. Harry S./x~odes, legal counsel for thjF Petitioner Harry S. Rhodes, Esq., VSB, 16163 Laura M. Holbrook, Esq., VSB, 38945 Bersch & Rhodes, P.C. 640 Crestar Plaza Roanoke, VA 24011 (540) 345-7400 Counsel for Petitioner )ERSCH & RHODE~ 2 EXHIBIT A The Roanoke Times Ad Number: 52968739 Publisher's Fee: $150.40 BERSCH & RHODES ATT: SCOTT A. BUTLER, ES P.O. BOX 1529 ROANOKE, VA 24007 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, 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: 05/29/97 FULL RUN - Thursday 06/05/97 FULL RUN - Thursday Witness, this 9th day of June 1997 Authorized Signature THE ROANOKE TIMES Ad Number: ~-~9_. Publisher's Fee: 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, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: Witness, this day of '~-/LI,.,F__ . ,/~.g . , Glassified Sales Manager Authorized Signature NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of §15.1-431, Code of Virginia (1950), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 16, 1997, 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., in order to consider an amendment and revision to Chapter 36.1, Zoninq, Code of the City of Roanoke (1979), as amended. The proposed amendment would amend the following section of Chapter 36.1, Zoninq, of the Code of the City of Roanoke (1950), as amended: §36.1-250, such amendment shall provide for automobile paint and body shops as a special exception use in LM, Light Manufacturing Districts. A copy of said proposed amendment is available for review in the Office of the City Clerk, Room 456, Municipal Building. Questions about the content of the proposed regulation should be directed to the Office of Community Planning, 853-2344. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 27th day of M~y , 1997. Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, June 5, 1997. 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 Publish in the Roanoke Times. once on Thursday, May 29, 1997, and once on Thursday, June 5,1997. Send publisher's affidavit to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W Roanoke, Virginia 24011-1536 Send bill to: Harry S. Rhodes, Attorney Bersch & Rhodes, P.C. 640 Crestar Plaza Roanoke, Virginia 24011 TERRY STEER-Roanoke Times 05/28/9? '~'(540) 981-34I 5, Phone 981-3416 ~ May 28, 1997 The Roanoke Times A ~.~i.73457400B ERS Ph: 345 7400 ATT: Scott A Butler, Esq P.o. Box 1529 Roanoke VA Paytype BI, Source WA Start 05/29/97 Name: BERSC[I & RIIODES Class Rate: Disp Rate: CreditSlatus: 24007 Rep~ Request Rate LE Ix:gals Rep: 31 Class I0 Legals [] TFN Issues 2 RateIss 2 Stop 06/05/97 DC, Words ....... Lines ........ Depth ....... Columns ...... Graphic ..... St Words. [] Boxed Ad CopyLine NOTICEOF PUBI,IC SortString [] ManuaiSort TearSheetn ProductCode [] Receipt [] Movable Comments 199 Price 47 Discount 4 06 FreeDay 0 Net 0 StTax 0 FedTax Total Payment App Ct. Balance 150 40 0.00 0 150.40 0.00 0.00 150.40 0 00 000 0.00 PO # [] Onltoid [] Kill Ad Reason for Discount I Editions ~ ~7:36AM Adkk L~2/2 568739 MAY 28-1997 07:53 (540) 981-5415, Phon P.02 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Cily Clerk June 3, 1997 File #51 Harry S. Rhodes, Attorney Bersch & Rhodes 640 Crestar Plaza Roanoke, Virginia 24011 Dear Mr. Rhodes: 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on a request of Bennett Properties, L.L.C., to amend Section 36.1-250 of Chapter 36.1, Zoning, of the Code of the City of Roanoke (1979), as amended, such amendment to provide for automobile paint and body shops as a special exception use in LM, Light Manufacturing Districts. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact John R. Marlles, Agent, City Planning Commission, at 853-2344. A copy of the Ordinance will be forwarded at a later date. Harry S. Rhodes, A~omey Bersch& Rhodes June 4,1997 Page 2 It will be necessary for you, or your representative, to be present at the June 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. MFP:sm Enc. Sincerely, Mary F. Parker, CMC/AAE City Clerk 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, May 7, 1997, 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 fi.om Bennett Properties, LLC, represented by Harry S. Rhodes, attorney, that Section 36.1- 250 of the Code of the City of Roanoke (1979), as amended, be amended to permit automobile painting and body shops in the LM, Light Manufacturing District, by special exception. 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, April 22, 1997 and Tuesday, April 29, 1997 Please bill: Harry S. Rhodes, Esquire Bersch & Rhodes, PC 640 Crestar Plaza Roanoke, VA 24011 345-7400 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk April 10, 1997 File #51 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of an amended petition from Harry S. Rhodes, Attorney, representing Bennett Properties, L.L.C., requesting that Section 36.1-250, Soecial Exceotion Uses, of Chapter 36.1, Zg. DD.g, of the Code of the City of Roanoke (1979), as amended, be amended, to permit automobile painting and body shops in the LM, Light Manufacturing District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm EriC. John R. Marlles, Agent City Planning Commission April 10, 1997 Page 2 pc: The Honorable Mayor and Members of th6k~Eoanoke City Council Harry S. Rhodes, Attorney, Bersch & R_h(;~s, 640 Crestar Plaza, Roanoke, Virginia 24011 Martha P. Franklin, Secretary, City Planr~p41 Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney LAW OFFICES BERSCH & RHODES ROANOKE VlRGIN!a IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment to Section 36.1-250 of the Code of the City of Roanoke (1979), as amended, "Special Exception Uses", to permit automobile painting and body shops in an LM, Light Manufacturing District, zone FIRST AMENDMENT TO PETITION TO AMEND ZONING ORDINANCE TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: COMES NOW, the Petitioner, Bennett Properties, L.L.C., by its legal counsel, Harry S. Rhodes, and files this First Amendment to Petition to Amend Zoning Ordinance, as follows: 1. The Petitioner is the owner of land in the City of Roanoke containing approximately 3.308 acres, located at Lynn Brae Drive, N.E. The property is identified as Tax Map No. 7150112 and is more particularly described as Parcel A, Plat of Section 2, Statesman Plaza, as shown on Exhibit A, attached, The property is currently zoned LM, Light Manufacturing District, and is currently a vacant, unimproved lot. 2. The Petitioner has filed a Petition to Amend Zoning Ordinance requesting that the permitted use provisions for Light Manufacturing District be amended to allow automobile painting and body shops as a special exception use "provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials." 3. In order to address certain concerns raised about the proposed Amendment the Petitioner desires to amend the Petition to change the proposed provisions of the special exception use. THEREFORE, the Petitioner, by its legal counsel, amends its Petition to Amend the Zoning Ordinance and requests that the following subsection be added to Section 36.1-250 of the City Code: (8) Automobile painting and body shops provided: (a) the lot area contains a minimum of forty thousand (40,000) square feet; BERSCH & RHODES (b) the minimum gross floor area of the building shall be not less than fifteen (15,000) square feet; (c) the outside storage area is accessory to a building on the same lot and has a maximum area of no greater than eighty (80) percent of the gross floor area of the building; and (d) the outdoor storage area is adequately screened from view from adjacent properties and public streets. Respectfully submitted, BENNETT PROPERTIES, L.L.C. a_rry S../~odes, legal counsel for t~/ Petitioner Harry So Rhodes, Esq., VSB, 16163 Laura M. Holbrook, Esq., VSB, 38945 Bersch & Rhodes, P.C. 640 Crestar Plaza Roanoke, VA 24011 (540) 345-7400 Counsel for Petitioner EXHIBIT A ~ % ..j d :.'3 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAK1N Deputy City Clerk March 19, 1997 File fg51 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from Harry S. Rhodes, Attorney, representing Bennett Properties, LLC., requesting that Section 36.1-250, Soecial Exceotion Uses. of Chapter 36.1, Z.gxlJBg, of the Code of the City of Roanoke (1979), as amended, be amended, to permit automobile painting and body shops in the LM, Light Manufacturing District. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eno. John R. Marlles, Agent City Planning Commission March 19, 1997 Page 2 pc; The Honorable Mayor and Members of the Roanoke City Council Harry S. Rhodes, Attorney, Bersch & Rhodes, 640 Crestar Plaza, Roanoke, Virginia 24011 Martha P. Franklin, Secretary, City Planning Commission Evelyn D. Dorsey, Zoning Administrator Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney ~ERSCH & RHODES IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Amendment to Section 36.1-250 of the Code of the City of Roanoke (1979), as amended, "Special Exception Uses", to permit automobile painting and body shops in an LM, Light Manufacturing District, zone PETITION TO AMEND ZONING ORDINANCE TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL: COMES now, the Petitioner, Bennett Properties, L.L.C., by its legal counsel, Harry S. Rhodes, and files this Petition to Amend the Zoning Ordinance, and for its grounds, states as follows: 1. The Petitioner is the owner of land in the City of Roanoke containing approximately 3.308 acres, located at Lynn Brae Drive, N.E. The property is identified as Tax Map No. 7150112 and is more particularly described as Parcel A, Plat of Section 2, Statesman Plaza, as shown on Exhibit A, attached. The property is currently zoned LM, Light Manufacturing District, and is currently a vacant, unimproved lot. 2. Section 36.1-250 of the Code of the City of Roanoke (1979), as amended (the "City Code"), sets forth the special exception uses in an LM, Light Manufacturing District, zone. The special exception uses identified in Section 36.1- the City Code do not incl.ude "automobile painting and body 250 of shops". 4. In order to provide for the future development and use of this property, the Petitioner desires to amend the zoning ordinance use provisions for the Light Manufacturing District to allow automobile painting and body shops as a special exception use. Such use is currently permitted as a special exception use in a C-2 General Commercial District zone. W~EREFORE, the Petitioner, by its legal counsel, requests that the following subsection be added to Section 36.1-250 of the City Code: (8) Automobile painting and body shops provided that there shall be no outdoor storage of damaged automobiles, equipment, auto parts or other materials. Respectfully submitted, BENNETT PROPERTIES, L.L.C. bYH a ~/~Yr~ .~p ~ td~.e/i~a l~c~oun s e 1 Harry S. Rhodes, Esq., VSB, 16163 Laura M. Holbrook, Esq., VSB, 38945 Bersch & Rhodes, P.C. 640 Crestar Plaza Roanoke, VA 24011 Counsel for Petitioner BERSCH & RHODES 2 EXHIBIT A 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #51 Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wali Jihad Mr. Leo B. Trenor Ladies and Gentlemen: I am enclosing copy of Ordinance No. 33462-070797 rezoning property located on Moorman Road, Fairfax Avenue, and 10th Street, N. W., identified as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, from RM-2, Residential Multifamily District, and C-1, Office District, to C-2, General Commercial District. The abovereferenced measure was adopted by the ~i~ouncil of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted t~y the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wall Jihad Mr. Leo B. Trenor July 11, 1997 Page 2 pc; Mr. and Mrs. M. T. Campbell, 1516 Gilmer Avenue, N. W., Roanoke, Virginia 24017 Mr. Edward Wiggins, 3101 Tomaranne Drive, S. W., Roanoke, Virginia 24018 Hamlar Curtis Funeral Home, Inc., P. O. Box 6128, Roanoke, Virginia 24017 Mr. and Mrs. Melvin Bentley, 1309 Crescent Street, N. W., Roanoke, Virginia 24017 Shepard Properties, P. O. Box 12012, Roanoke, Virginia 24022 Ms. Alice P. Lee, 927 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Ms. Helen M. Hunt, 923 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Mr. Clovis H. Rogers, 919 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Ms. Dollie V. English, 915 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Mr. Richard L. Carter and Ms. Bettye C. Vincent, 911 Fain'ax Avenue, N. W., Roanoke, Virginia 24016 ' Trustees, Maple Street Baptist Church, 902 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Mr. Harry Franklin, c. Jo Ms. Joan Hill, 609 Tenth Street, N. W., Roanoke, Virginia 24016 Ms. Nannie Tyree, c/o Ms. Georgia Tyree, 2501 Hanover Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Walter Wheaton, c/o Ms. Hazel Wheaton, 1220 Mercer Avenue, N. W., Roanoke, Virginia 24016 Mr. Xavier L. Fox, 708 Eighth Street, N. W., Roanoke, Virginia 24016 Ms. Bertha Y. Mitchell, 845 Moorman Road, N. W., Roanoke, Virginia 24016 Mr. James L. Britt, 841 Moorman Road, N. W., Roanoke, Virginia 24016 Ms. Sharon C. Coleman, P. O. Box 12304, Roanoke, Virginia 24024 Ms. Gracie Charlton, c/o Ms. Zonnie Stewart, 3038 Melrose Avenue, N. W., Apartment 220, Roanoke, Virginia 24017 Mr. Anthony C. Barnes and Ms. Canitta Gill, 819 Harrison Avenue, N. W., Roanoke, Virginia 24016 Ms. Emma Watson, c/o Mr. David Hunt, 310 Patton Avenue, N. W., Roanoke, Virginia 24016 Mr. Frank Roupas, 1841 Warrington Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Leo Trenor, 1718 Williamson Road, N. W., Roanoke, Virginia 24012 Ms. Geraldine V. Baker, 1510 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 Shushela Shende, Executive Director, Northwest Neighborhood Environmental Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wall Jihad Mr. Leo B. Trenor June 10, 1997 Page 3 pc: Mary B. Hatch, Attorney, P. O. Box 14001, Roanoke, Virginia 24038 Mr. and Mrs. Thomas Noell, 8614 Old Mill Drive, N. W., Roanoke, Virginia 24019 Ms. Clydie Legans, 1101 Gilmer Avenue, N. W., Roanoke, Virginia 24016 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation ............ Nancy J. Brown, Appraiser Aide, Real Estate Valuation 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. N0. 33462-070797. AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 211, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City, subject to certain conditions proffered by the applicants. WHEREAS, Margaret E. Wiggins, et al, have made application to the Council of the City of Roanoke to have the hereinafter described property rezoned from RM-2, Residential Multifamily, Medium Density District, and C-l, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the applicants; 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 June 16, 1997, 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 presented at the public hearing, is of hereinafter described provided. THEREFORE, BE IT Roanoke that §36.1-3, amended, and Sheet No. Roanoke, be amended in the property should Plan, and the matters the opinion that the be rezoned as herein ORDAINED by the Council of the City of Code of the City of Roanoke (1979), as 211 of the Sectional 1976 Zone Map, City of following particular and no other: That certain tract of land containing approximately two acres, lying along the south side of the 900 block of Moorman Road, N.W., the northwest corner of 10th Street and Moorman Road, N.W., and the southeast corner of Moorman Road and 9th Street, N.W., and designated on Sheet No. 211 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, be, and are hereby rezoned from RM-2, Residential Multifamily, Medium Density District, and C-1, Office District, to C-2, General Commercial District, subject to the proffers contained in the amended Petition filed in the Office of the City Clerk on March 6, 1997, and respect. that Sheet No. 211 of the Zone Map be changed in this ATTEST: City Clerk. Department of Planning and Community Development Planning Division June 16, 1997 Honorable Mayor David A. Bowers and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from Petitioners Wiggins, Brugh, Trenor and Jihad that Official City Tax Numbers 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214, and 2121215 located on Moorman Road, Fairfax Avenue, and 10th Street be rezoned from RM-2, Residential Multifamily, and C-l, Office District to C-2, General Commercial District. I. Back~round: A. Property owner at 926 Moorman Road. N. W. (Brugh) worked with other vropertv owners in the area and filed a joint petition in February_ of 1996 to rezone several parcels from C-l, Office District to C-2, General Commercial District. Mr. Brugh's purpose in filing the initial rezoning request was to remove an existing business from non-conforming status and allow the business to be improved. The initial rezoning request was withdrawn prior to any public hearing. Since the first provosal, work has continued with other vroverty owners in an attempt to find a workable solution to improvim, the business environment on ~ which presently has several non-conforming businesses and multiple commercial buildings. Property owners have expressed concerns regarding their inability to utilize and improve their commercial properties. Property ownershiv of the properties reauested for rezonin~ is as follows: Tax Nos. 2121214, 2121215 Daniel P. Brugh (604 Tenth Street) Tax Nos. 2110227 (932 Moorman Road) Margaret E. Wiggins Tax Nos. 2110228, 2110229 (926 Moorman Road) Iva W. Brugh Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 Tax Nos. 2110230, 2110210, 2110211 (926 Moorman Road) - Daniel P. Brugh Tax No. 2110212 (902 Moorman Road) Wali Jihad Tax Nos. 2110401, 2110402 Leo B. Trenor (830 Moorman Road, vacant lot Fairfax Avenue) II. Current Situation: A. On March 6. 1997. a new petition was filed to rezone prgpCrties on Moorman Road, 10th Street, and Fairfax Avenue from C-1 and RM-2 to C-2. The area reauested for rezoning is less than two acres and an existing zoning boundary must be ~xtended The C-2 zoning extension includes property at 604 Tenth Street which was purchased and rehabilitated by Mr. Brugh since 1996. Pumose of the rezonin~, request is to enhance the commercial area by allowing existing businesses to improve their properties, allow for the continued use of non-conforming buildings, and to plan for an enhanced business corridor in anticipation of the Tenth Street widening project. Proffered condition of the rezonin? reauest is that: "Existing properties, 2110228, 2110229, 2110230, 2110210, 2110211, 2121214, 2121215, 2110401 and 2110402 not in conformance with minimum C-2 lot requirements will be consolidated, and a subdivision plat prepared, as needed to conform to the C-2 requirements. (These properties are under common ownership that allows some consolidation.)". Plannine Commission public hearine was held on 4/2/97. Northwest Neighborhood Environmental Organization advised the Planning Commission that they had some questions with regard to the rezoning and would like additional time to discuss the rezoning request with the petitioners. Mr. Brugh represented the petitioners and agreed to continuing the request. Second Planning Commission nublic hearim, was held on 5/7/97. Mr. Dan Brugh presented the rezoning request to the Commission advising of his continued business operation in the area for over fifty years. He discussed the current non-conforming status of his and other commercial buildings along Moorman Avenue. He stated that he desired to invest in his building and the area, especially with the widening of Tenth Street, however, he could not expand his building under the current zoning. Ms. Mary Hatch, Attorney, spoke on behalf of one of the petitioners, Leo Trenor, advising that she understood the Members of Council Page 3 neighborhood's concerns, but that Mr. Trenor owned the former Hunton Life Saving Crew building and he desired to upgrade the commercial building for business. Ms. Shushela Shende, Executive Director of the Northwest Neighborhood Environmental Organization, advised that she had concerns with the commercial rezoning adjacent to the neighborhood where the organization planned future housing projects and was not in favor of commercial rezoning beyond 9th Street. She said that she was concerned about the effects of commercial development on the rest of the block. Also, she indicated that she would like to know how the proposal would enhance the neighborhood and the buildings, as well as a time frame for the improvements being proposed by the petitioners. There was discussion among the Commission, planning staff, Ms. Shende and the petitioners regarding the existing commercial buildings, possible future uses, and if other proffered conditions could address neighborhood concerns. There was further discussion by the Commission of the commercial nature of the area and the buildings considered for rezoning. On a vote of 4-2. the Plannine Commission recommended at>proval of the rezoning, with the exception of the Trenor properties (Official City Tax Numbers 2110401 and 2110402). Messrs. Butler, Chfisman, Manetta, and Hill voted in favor of the motion, Mrs. Duerk and Mr. Rife, voting in opposition to the motion. III. Issues: A. Zonin~ of the properties is currently C-1. Office District and RM-2, R0sidential ~. Zoning along Tenth Street is C-l; C-2 zoning occurs west of the area toward 1 lth Street. CN, Neighborhood Commercial District zoning extends down 1 lth Street south of Fairfax Avenue. Originally, CN zoning occurred on all of 1 lth Street, but because of business needs and conformity issues, the zoning was changed to C-2 several years ago. Existing land use of most of the properties is for commercial businesses, which include an office, auto sales, a car repair and body shop, a barbershop, and automotive services. Some vacant lots adjacent to commercial buildings are included in the rezoning request. Other vacant commercial buildings exist further east on Moorman Road. Transportation imnrovements and widening are nianned for Tenth Street in the near future. The City Traffic Engineer has advised that the building on Tax Number 2110227 will be taken by the proposed project and that Tax Numbers 2110209, 2110228 and 2110229 may be affected by minor right of way adjustments or easements. The property to be taken by the project is currently used for automotive repair and auto sales (not permitted in the C-1 zone, but would be permitted in C-2 by Special Exception permit). Members of Council Page 4 Neiehborhood omanization is the Northwest Neiehborhood Environment..al Oreanization (NNEO). Petitioner Brugh and City planning staffmet with neighborhood organization on 4/21/97 to explain the rezoning request. On 4/24/97 a letter from the neighborhood (attached) advised the following: 1. What are the benefits of this proposed rezoning to the neighborhood? There is opposition to rezonin~, any properties beyond 9th Street to commercial (specifically, the former Hunton Life Saving Crew Building). The neighborhood feels that block is residential and should continued to be used for residential purposes and other compatible uses. There are concerns with unrestricted commercial use of the subject properties. Neighborhood organization has expressed concern for such possible uses as a used car lot and car wash. Time frames should be established for property improvements (i.e. buffers, clean-up, fix-up, etc.) Mr. Bmgh and Mr. Trenor are continuing to meet with the neighborhood's representatives. E. Comprehensive Plan rec0mmend~ that: Nei~,hborhood character and environmental auality should be orotected. 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. Commercial industrial and residential ~,rowth and development should be encouraeed throu~,h tmblic and private actions to ensure a strong and diversified economic base and employment opportunities for all. Development of new or existin~ commercial and industrial areas in the city should be carefully planned and designed to promote quality development and good land use. IV. Alternatives: City Council aoorove the rezonin~, re(~uest, as recommended and amended by the Planning Commission. That is, C-2 zonin~ is approved for those pronertiea reauested, except for Tax Numbers 2110401 and 2110402 (Tren0r), which would be denied. Members of Council Page 5 Zonim, for properties the remainine nronerties on Moorman Avenue from 9th Street to Tenth Street become C-2. Proffered condition provides that those properties under common ownership that can be combined to comply with minimum lot size, will be combined. Commercial zoning would not be extended beyond 9th Street. Land uses become conforming, exceot for Hunton Life Savinr, Cr0w Building. Existing businesses will be able to improve their properties and invest in the commercial area. Any new development must meet established setback, lot coverage and landscaping requirements. New uses, such as car sales, fast food, or another paint/body shop will require a Special Exception Permit and a public hearing by the Board of Zoning Appeals subject to specific standards set forth in the zoning ordinance. Automobile cleaning facilities (i.e. car wash) are permitted outright in the C-2 district. The Hunton Life Saving Crew Building remains non- conforming and zoned RM-2. Transportation improvements and widening of Tenth Street can be accomplished. Businesses are aware of the proposed impact. The proposed zoning change is the first step in improving this area for better commercial development. Given the existing commercial zoning and use of the building on 2110227, VDOT has advised that the proposed change in commercial zoning would not affect property acquisition costs. Any new development would be required to comply with new highway setbacks. Neighborhood organization is onoosed to commercial rezoning beyond 9th Street. Planning staff has received calls from other property owners who have voiced no objections to the rezoning request. 5. Comnrehensive Plan can be followed. B. City Council approve the rezoning reauest as submitted by the petitioners. Zonin~ of the pronerties is changed from C-1 and RM-2 tO C-? Proffered condition addresses combining properties under common ownership that do not meet minimum lot size requirements. Land uses of the nroperties are no loneer non-conforming Future uses can be as permitted in the C-2 district. Members of Council Page 6 Transportation improvements for Tenth Street will be undertaken in the near futur0. The proposed change in zoning will not affect commercial properties to be taken by the new corridor. Neighborhood organization. NNEO. is o~oosed to commercial rezonin_e beyond 9th Street. Planning staff has received calls from other property owners who have voiced no objections to the rezoning request. 5. Comorehensive Plan can bq followed. C. City Council deny the rezonin~ reauest 1. Zoning remains C-1 and RM-2 Land uses remain non-conforming. Commercial buildings can continue to be occupied provided they are not vacant for longer than two years. Existing businesses cannot expand. Changes in land use can only be done through the Board of Zoning Appeals and must be of a lesser intensity than what previously existed. Transoortation improvements and widenin~ of Tenth Stre~ will not be affected. With the new corridor, there may be additional requests for zoning changes. Nei~,hborhood issues still are outstanding regardim, the future of this ~rea including the disposition of the existing commercial buildings and the appropriateness of the area for residential and office development. Comnrehensive Plan could be followed. Considerable study and effort would be needed to develop a revitalization plan for this area that conforms to the existing zoning patterns. V. Recommendation: The Planning Commission, on a vote of 4-2. recommends that City Council llpprove the rezonlng request with the exception of Tax Numbers 2110401 and 2110402 (Trenor). Messrs. Butler, Chrisman, Hill and Manetta voted in favor of the motion and Mrs. Duerk and Mr. Rife voted in opposition. (Mr. Rife felt that Mr. Trenor's properties should be included.) There was considerable discussion at the Planning Commission meeting of the commercial nature of the area requested for rezoning and the need for investment in the existing commercial buildings. Although the present commercial development on Members of Council Page 7 Moorman Road is not ideal because of property disinvestment and small lot sizes, the existing businesses are desirous of maintaining the area for commercial services and investing in their properties. With the improvements proposed for Tenth Street in the near future, a change in zoning can assist businesses in preparing for the new corridor and in undertaking enhancements to buildings and street frontages in the area. Respectfully submitted, Gilbert E. Butler, Ir., Chairman Roanoke City Planning Commission PETITION TO ?EZONE IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGI>JIA IN RE: Rezoning of approximately t'~o acr~ of land lying along the south side of the nine hundred block of Moorman Road~ N. W.r the N. W. corner of 10th Street and Moormanr and the southeast corner of Moorman and 9th Street designated as official city tax hum- bers 2121214~ 2121215~ 2110227~ 2110228~ 2110229~ 2110230~ 2110210~ 21102ilr 2110212~ 2110401, 2110402, from RM-2~ Residential Multi-Family District and C-l, Office District; to C-2, General Commercial District~ such rezoninq to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL OF THE CITY OF ROANOKE: The Petitioners Margaret E. Wiqgins~ Iva W. Brugh~ Daniel P. Brush, Wall Jihad, and Leo B. Turner own land in the City of Roanoke adjacent to C-2 zoned properties located at 604 10th Street: 2121214, 2121215, 932 Moorman Road: 211027, 926 14oorman Road: 2110228, 2110229, 926 Moorman Road: 2110210, 2110211, 2110230, 902 Moorman Road: 2110212, and 830 Moorman Road: 2110401~ 2110402. Said tracts are currently zoned RM-2 and C-1. A map of the properties to be rezoned is attaqhed as Exhibit A. Pursuant to Section 36.1, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said proper- ties be rezoned from RM-2 and C-1 District to C-2 District allow- ing existing nonconforming businesses to comply subject to condi- tions set forth below. The Petitioners believe the rezoning of the said tract of land will further the intent and purpose of the City's Zon- ing Ordinance and its comprehensive plan in that it will allow present businesses to expand, stop further economic decay, and allow for future economic investment. to, The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, the rezoning will be subject and the Petitioners will abide by, the following condition{ 1. Existing properties 2110228, 2110229, 2110230, 2110210, 2110211, 2121214, 2121215, 2110401, and 2110402 not in conformance with minimum C-2 lot requirements will be consolidated, and a subdivi- sion plat prepared, as needed to conform to the C-2 requirements. (These properties are under common ownership that allows some consolidation.) Attached as Exhibit ~ are the names, addresses, and tax numbers of the owner, or owners, of all lots or property immediately adjacent to, or immediately across a Street or road from, the property to be rezoned. WHEREFORE,. the Petitioners request that the above described tract be rezoned as requested, in accordance with provisions of the Zoning Ordinance of the City of Roanoke. the Respectfully submitted this ~_~_~day of /~f;~, 1997. Respectfully submitted by owners, Margaret g. Wiggins 3569 Parkwood Drive, S. E. Roanoke, Virginia 540/774-3697 Iva ~$. Brugh Route 1, Box 488 Moneta, Virginia 24121 540/297-6299 Daniel P. Brugh 801 North Mill Road Salem, Virginia 24153 540/344-5498 Wall Jihad P. O. Box 1721 Greensboro, North Carolina 27402 540/344-9047 Leo B. Turner 543 Petty Avenue Roanoke, Virginia 24019 540/362-0636 EXHIBIT B ADJOINING PROPERTY OWNERS Tax No. 2110217 Tax No. 2110218 Melvin M. Bentley Mabel S. Bentley 1309 Crescent Street, NW Roanoke, VA 24017 Shepard Properties P. O. Box11941 Roanoke, Va 24022 Fain~ax Avenue, NW Lot 10 Bik 2 Melrose 931 Fairfax Avenue, NW Tax No. 2110219 Alice P. Lee 927 Fairfax Avenue, NW Roanoke, VA 24016 927 Fairfax Avenue, NW Tax No. 2110220 Helen M. Hunt 3903 Almington Ln Houston, TX 77088 923 Fairfax Avenue, NW Tax No. 2110221 Clovis H. Rogers 919 Fairfax Avenue, NW Roanoke, Va 24016 919 Fain'ax Avenue, NW Tax No. 2110222 Dollie Viola Caldwell English 915 Fairfax Avenue, NW Roanoke, VA 24016 915 Fairfax Avenue, NW Tax No. 2110223 ,~///Tax No. 2110224 Richard L. Carter Bettye C. Vincent 911 Fairfax Avenue, NW Roanoke, Va 24016 Tm Maple St Baptist Church 902 Fairfax Avenue, NW Roanoke, Va 24016 911 Fairfax Avenue, NW 902 Fairfax Avenue, NW Tax No. 2110225 Trs Maple St Baptist Church Fairfax Avenue, NW Lot 19 BIk 2 Melrose Tax No. 2110226 Tax No. 2121213 ~///TaxNo. 2110209 Tax No. 2121216 Tax No. 2121304 Tax No. 2121305 Tax No. 2121306 Tax No. 2121307 Tax No. 2121619 Tax No. 2121620 Tax No. 2121621 Trs Maple St Baptist Church M, T. & Ruth Campbell 1516 Gilmer Avenue, NW Roanoke, VA 24017 Hamlar Cu~is Funeral Home, Inc. P. O. Box 6128 Roanoke, VA 24017 Edward E. Wiggins 3101 Tomoranne Drive Roanoke, VA 24018 Harry Franklin c/o Joan Hill 609 Tenth Street Roanoke, VA 24016 Nannie C. Tyree c/o Mrs. Georgia Tyree 2501 Hanover Avenue, NW Roanoke, VA 24017 Walter Wheaton & Madge c/0 Hazel Wheaton 1220 Mercer Avenue, NW Roanoke, VA 24017 Walter Wheaton & Madge c/o Hazel Wheaton 1220 Mercer Avenue, NW Roanoke, VA 24017 Xavier L. Fox 708 Eight Street, NW Roanoke, Va 24016 Bertha Y. Mitchell 845 Moon'nan Road, NW Roanoke, VA 24016 James L. Britt 841 Moorman Road', N. W. Roanoke, VA 24016 Fairfax Avenue, NW Lot 18 BIk 2 Melrose 610 Tenth Street, NW 1002 Moon'nan Road, NW 1015 Moorman Road, NW 609 Tenth Street, N. W. Tenth Street, N.W. Lot 6 BIk 2 603 Tenth Street, N. W. Ninth Street, N. W. Lot 8 BIk 2 Ninth Street, N. W. Lot 5 Meddolph Hgts 845 Moorman Road, N. W. 841 Moorman Road, N. W. Tax No. 2121622 Tax No. 2121623 Tax No. 2121624 Tax No. 2121625 Tax No. 2121626 Tax No. 2121627 Tax No. 2121628 Tax No. 2110403 Tax No. 2110404 Tax No. 2111001 Tax No. 2110908 Sharon Carlane Coleman P.O. Box 12304 Roanoke, VA 24024 Thomas N & Elizabeth L. Noell 8614 Old Mill Drive Roanoke, VA 24019 Clydie Legans 1101 Gilmer Avenue, N. W. Roanoke, Va 24017 Clydie Legans 1101 Gilmer Avenue, N. W. Roanoke, VA 24017 Clydie 8. Legans 1101 Gilmer Avenue, NW Roanoke, VA 24017 Gracie Charlton c/o Zonnie Stewart 3038 Melrose Avenue, N.W. #220 Roanoke, VA 24017 Anthony C. Bames Caniffa Gill 819 Harrison Avenue, N.W. Roanoke, VA 24017 Frank G. Roupae 1841 Warrington Road Roanoke, Va 24015 Leo B. & Patricia B. Trenor 1718 Williamson Road, NE Roanoke, VA 24012 Trustees of Maple Street Baptist Church 902 Fairfax Avenue, NW Roanoke, VA 24016 Trustees of Maple Street Baptist Church 902 Fairfax Avenue, NW Roanoke, VA 24016 837 Moorman Road, N W. Moorman Road, NW Lot 1 & Pt 2 H~n'ison Avenue, N. W. Pt Lot 12, BIk 7 Harrison Avenue, NW Lot 13, BIk 7 Harrison Avenue, NW Lot 14 BIk 7 823 Harrison Avenue, N. W. 819 Harrison Avenue, N. W. Fairfax Avenue Pt BIk 41 Fairtax Avenue, NW Pt BIk 41 Fairfax Avenue, NW Lot 1 BIk 40 Fairfax Avenue, NW Lot 8 BIk 1 NORTHWEST NEIGHBORHOOD ENVIRONMENTAL ORGANIZATION April24,1997 John Marlles, AICP, Director Department of Planning Room 162, Municipal Building 215 Church Avenue, S. W. Roanoke, VA 24011 This letter is to seek clarification on some issue~ related to the mzoning r~lU~ by Mr. Brugg and inform you of our concerns. We have had a meeting with Mr. Brugg (property Owner) ~md Ms. Evelyn Lander from your ofrx~ on April 21, 1997 at our regularly scheduled Board Me~fing: Although the me~ting wa~ goOd, w~ fe~! that our concerns have not b~n completely addre.q,~l., · We understand that Mr. Brugg and Ms. Lander have been wort-i~g.on this rezoning for a while and that it is time to seek closure on this issue, but as a neighborhood group that has consistently and pm-actively pursued neighborhood improv~neat for fl~e last seventeen years:our Board members do not feel that they have a clear ~gf how this rezonms will benefit the area in question. Further, doe~ this fit in with the ov~all $6al~ of the comprehensive plan for Our neighborhood and hoW?. · The block between 9th Street and 10th Street along Moorn~n where Mr Brugg oWnS property is included in the rezoning request along with P3CrCel m~m~ 2121214,'212121~ along 10th street and one property at the Southeast comer'of 9th. and Moorman. We can, undemcand the request for rezoning for an the listed prol~-ti~ exceqx the one at the . so,, or w. h we feel that the boundarie~ of our neighbort~l include Moorm~n to Shemlandoah buffer area between file truly residenthl amas~lmd Moormlm..We haq,~ ~o11~ Our plans, for the future the intent ~o po~,ly LLSe th, block ~ a'l~*'~_ ~ d~veiop ¢ifl~'.a'_' .' community cen~ or other commm~t,/sVac~ By rezonin~ that Property co~,~rcial, the which would not nece,ssarily I~ in the be~ interest of the area re. leats orthe , · neighborhood. We would probably also have no hope of developing a more community oriented and residential sensitive u.~e for' tha block. While'10th sh-cet has affected the · cohesiveness of this neighborhood, we request that in this insumce you reconsider'the Ph~e 540/343.$674 · 802 Loudon Avenue, N.W. · I~ono~ I/~ji~b 24016 Page 2 Letter to John Marlles April 24, 19<)7 rezoning request in light of the longer term conseqnence~ to this community that has slowly but steadily been working towards a healthier and more liveable community. Thc boundaries of our neighborhood though on the outside have a serious effect on the perception of the neighborhood and provkle the gatcway~ into the Oilmer neighborhood. Please discuss this further with us. We feel that while the City is granting a property owner the ability to invest in hi~ property, it should not be at the cost of others who have made ~ area their home for generations. The property owne,r, in question, Mr. Brugg, should have some restrictions placed on the future u~e of the property, Our neighborhood r~idents feel that as the property is improved a~ a bu.vine,~, it should not become a "hang-out". Certain ~ such ~ a car-wash may attract that kind of u.~ge. Can tbe~ not be restrictious placed regarding undesirable ~ (expanded ~ car lot, Car Wa.q1, large warehouse etc.). Other considerations may be regarding a ~ frame for improvements including Creating visual boff'ers, clean-up etc. so that such investme_.~ts/improvett~ents do not become a prolonged (non-terminal) ~roce~ during which time the neighborhood residents endure the negative effects. Further, is there a possibility of negotiating into the rezoning certain kinds of dnsirable improvements such a~ curh~, sideways, drainage, etc.. Once the rezoning takes effect the property owner may be able to incrementally modify the property in an undesirable manner ~ the community would not have a recourse or be at the mercy of enforcement regulations. While it is time that this matter be put to re~t, we request your thoughtfuine~s toward the long term consequences to this neighborhood which a~ you know has worked long and hard using volunteers to achieve some succe.~ with a few blocks. We are now poised to undertake some planning to develop an action agenda and step up the scale ofrevitnliTntion. We seek to help ourselves and have taken some steps to affect our future and only wi~h to continue to work with you and the City along with several other partners to make this neighborhood "a better place to llve". I look forward to discussious that would resolve this problem. Thank you for your time. Sincerely, Susheela Shende, AICP Executive Director c: Evelyn Lander, Mariam Alam 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Depuly City Clerk June 9, 1997 File #51 Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wall Jihad Mr. Leo B. Trenor Ladies and 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, foudh floor of the Municipal Building, 215 Church Avenue, S. W., on your request that property located on Moorman Road, Fairfax Avenue, and 10th Street, N. W., identified as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, be rezoned from RM-2, Residential Multifamily District, and C-1, Office District, to C-2, General Commercial District. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact John R. Marlles, Agent, City Planning Commission, at 853-2344. Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wall Jihad Mr. Leo B. Trenor June 9, 1997 Page 2 It will be necessary for you, or your representative, to be present at the June 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. 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, SW_ Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Depuly City Clerk June 9,1997 File #51 Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wali Jihad Mr. Leo B. Trenor Ladies and 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on your request that property located on Moorman Road, Fairfax Avenue, and 10th Street, N. W., identified as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215, be rezoned from RM-2, Residential Multifamily District, and C-1, Office District, to C-2, General Commercial District. The City Planning Commission has recommended approval of the request with the exception of Official Tax Nos. 2110401 and 2110402 (Mr. Trevnor's properties). Although the present commercial development on Moorman Road is not ideal because of property disinvestment and small lot sizes, the existing businesses are desirous of maintaining the area for commercial services and investing in their properties. With the improvements proposed for Tenth Street in the near future, a change in zoning can assist businesses in preparing for the new corridor and in undertaking enhancements to buildings and street frontages in the area. Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wall Jihad Mr. Leo B. Trenor June 10, 1997 Page 2 If you have questions with regard to the City Planning Commission report, please contact John R. Marlles, Agent, City Planning Commission, at 853-2344. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; Mr. and Mrs. M. T. Campbell, 1516 Gilmer Avenue, N. W., Roanoke, Virginia 24017 Mr. Edward Wiggins, 3101 Tomaranne Drive, S. W., Roanoke, Virginia 24018 Hamlar Curtis Funeral Home, Inc., P. O. Box 6128, Roanoke, Virginia 24017 Mr. and Mrs. Melvin Bentley, 1309 Crescent Street, N. W., Roanoke, Virginia 24017 Shepard Properties, P. O. Box 12012, Roanoke, Virginia 24022 Ms. Alice P. Lee, 927 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Ms. Helen M. Hunt, 923 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Mr. Clovis H. Rogers, 919 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Ms. Dollie V. English, 915 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Mr. Richard L. Carter and Ms. Bettye C. Vincent, 911 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Trustees, Maple Street Baptist Church, 902 Fairfax Avenue, N. W., Roanoke, Virginia 24016 Mr. Harry Franklin, c/o Ms. Joan Hill, 609 Tenth Street, N. W., Roanoke, Virginia 24016 Ms. Nannie Tyree, c/o Ms. Georgia Tyree, 2501 Hanover Avenue, N. W., Roanoke, Virginia 24017 Mr. and Mrs. Walter Wheaton, c/o Ms. Hazel Wheaton, 1220 Mercer Avenue, N. W., Roanoke, Virginia 24016 Mr. Xavier L. Fox, 708 Eighth Street, N. W., Roanoke, Virginia 24016 Ms. Bertha Y. Mitchell, 845 Moorman Road, N. W., Roanoke, Virginia 24016 Mr. James L. Britt, 841 Moorman Road, N. W., Roanoke, Virginia 24016 Ms. Sharon C. Coleman, P. O. Box 12304, Roanoke, Virginia 24024 Ms. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wali Jihad Mr. Leo B. Trenor June 10, 1997 Page 3 pc: Mr. and Mrs. Thomas Noell, 8614 Old Mill Drive, N. W., Roanoke, Virginia 24019 Ms. Clydie Legans, 1101 Gilmer Avenue, N. W., Roanoke, Virginia 24016 Ms. Grecie Charlton, c/o Ms. Zonnie Stewart, 3038 Melrose Avenue, N. W., Apartment 220, Roanoke, Virginia 24017 Mr. Anthony C. Barnes and Ms. Canitta Gill, 819 Harrison Avenue, N. W., Roanoke, Virginia 24016 Ms. Emma Watson, c/o Mr. David Hunt, 310 Patton Avenue, N. W., Roanoke, Virginia 24016 Mr. Frank Roupas, 1841 Warrington Road, S. W., Roanoke, Virginia 24015 Mr. and Mrs. Leo Trenor, 1718 Williamson Road, N. W., Roanoke, Virginia 24012 Ms. Geraldine V. Baker, 1510 Lafayette Boulevard, N. W., Roanoke, Virginia 24017 Shushela Shende, Executive Director, Northwest Neighborhood Environmental Organization, 802 Loudon Avenue, N. W., Roanoke, Virginia 24016 Mary B. Hatch, Attorney, P. O. Box 14001, Roanoke, Virginia 24038 Ad Number: 52968727 Publisher's Fee: $140.80 CITY OF ROANOKE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S. W. ROANOKE, VA 24011 The 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, 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: 05/29/97 FULL RUN - Thursday 06/05/97 FULL RUN - Thursday Witness, this 9th day of June 1997 Authorized Signature THE ROANOKF~ TIMES Ad Number: Publisher's Fee: ©q 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, a aaily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: Witness, this )~ day of Authorized Signature Classified Sales Manager 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, June 16, 1997, at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S.W., on the question of rezoning from RM-2, Residential Multifamily District, and C-l, Office District, to C-2, General Commercial District: That certain tract of land containing approximately two acres, lying along the south side of the 900 block of Moorman Road, N.W., the northwest corner of 10th Street and Moorman Road, NW., and the southeast corner of Moorman Road and 9th Street, N.W., and being designated as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214 and 2121215. A copy of this proposal is the Office of the City Clerk, parties in interest may appear on the above the question. GIVEN under my hand this 2~th day of available for public inspection in Room 456, Municipal Building. Ail date and be heard on May , 1997 . Mary F. Parker, City Clerk. Publish in the Roanoke Tribune, once on Thursday, June 5, 1997. 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 Publish in the Roanoke Times, once on Thursday, May 29, 1997, and once on Thursday, June 5, 1997. 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQUEST OF: Brugh, Wiggins, Trenor, and Jihad request on Moorman, Fairfax, ) 10th, NW, Tax Nos. 2110210, 2110211, 2110212, 2110227, )AFFIDAVIT 2110228, 2110229, 2110230, 2110401, 2110402, 2111214 and ) 2121215, from RM-2 and C-1 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 28th day of April, 1997, notices of a public hearing to be held on the 7th day of May, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2121213 2121216 2110209 2110217 2110218 2110219 2110220 2110221 211O222 2110223 2110224 2110225 2110226 2111001 Owner's Name M. T. and Ruth Campbell Edward Wiggins Hamlar Curtis Funeral Home, Inc. Melvin and Mabel Bentley Shepard Properties Alice P. Lee Helen M. Hunt Clovis H. Rogers Dollie Viola C. English Richard L. Caner Bettye C. Vincent Trustees, Maple Street Baptist Church Mailing Address 1516 Gilmer Avenue, NW Roanoke, VA 24017 3101 Tomaranne Drive Roanoke, VA 24018 P. O. Box 6128 Roanoke, VA 24017 1309 Crescent Street, NW Roanoke, VA 24017 P. O. Box 12012 Roanoke, VA 24022 927 Fairfax Avenue, NW Roanoke, VA 24016 923 Fairfax Avenue, NW Roanoke, VA 24016 919 Fairfax Avenue, NW Roanoke, VA 24016 915 Fairfax Avenue, NW Roanoke, VA 24016 911 Fairfax Avenue, NW Roanoke, VA 24016 902 Fairfax Avenue, NW Roanoke, VA 24016 2121304 Harry Franklin c/o Joan Hill 609 Tenth Street, NW Roanoke, VA 24016 2121305 Name Tyree c/o Georgia Tyree 2501 Hanover Avenue, NW Roanoke, VA 24017 2121306 2121307 Walter and Madge Wheaton c/o Hazel Wheaton 1220 Mercer Avenue, NW Roanoke, VA 24017 2121619 Xavier L. Fox 708 Eighth Street, NW Roanoke, VA 24016 2121620 Bertha Y. Mitchell 845MoormanRoad, NW Roanoke, VA 24016 2121621 James L. Britt 841 Moorman Road, NW Roanoke, VA 24016 2121622 Sharon C. Coleman P. O. Box 12304 Roanoke, VA 24024 2121623 Thomas and Elizabeth Noell 8614 Old Mill Drive Roanoke, VA 24019 2121624 2121625 2121626 Clydie Legans ll01GilmerAvenue, NW Roanoke, VA 24017 2121627 Gracie Chaflton c/o Zonnie Stewart 3038Melrose Avenue, NW#220 Roanoke, VA 24017 2121628 Anthony C. Barnes Canitta Gill 819 Harrison Avenue, NW Roanoke, VA 24017 2121629 Emma Watson c/o David Hunt 310 Patton Avenue Roanoke, VA 24016 2110403 Frank Roupas 1841 Warrington Road Roanoke, VA 24015 2110404 Leo and Patricia Trenor 1718 Williamson Road Roanoke, VA 24012 2110408 Geraldine V. Baker artha Pace Franklin 1510 Lafayette Boulevard Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 28th day of April, 1997 L/l(lotary Pul~lic NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, April 2, 1997, 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 Margaret E. Wiggins, Iva W. Brugh, Daniel P. Brugh, Wall Jihad and Leo B. Turner that properties located on Moorman Road, Fairfax Avenue and 10th Street, N.W., designated as Official Tax Nos. 2110210, 2110211, 2110212, 2110227, 2110228, 2110229, 2110230, 2110401, 2110402, 2121214, and 2121215 be rezoned from RM-2, Residential Multifamily, Medium Density District, and 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. Martha P. Franklin, Secretary Roanoke City Planning Commission Please print in newspaper on Tuesday, March 18, 1997 and Tuesday, March 25, 1997 Please bill and send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING REQuEST OF: Brugh, Wiggins, Trenor, and Jihad request on Moorman, Fairfax, ) 10th, NW, Tax Nos. 2110210, 2110211, 2110212, 2110227, )AFFIDAVIT 2110228, 2110229, 2110230, 2110401, 2110402, 2111214 and ) 2121215, from RM-2 and C-1 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 Vkginia, 0950), as amended, on behalf of the Planning Commission of the City of Roanoke, she has sent by first-class mail on the 24th day of March, 1997, notices ora public hearing to be held on the 2nd day of April, 1997, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: Parcel 2121213 2121216 2110209 2110217 2110218 2110219 2110220 2110221 2110222 2110223 2110224 2110225 2110226 2111001 Owner's Name M. T. and Ruth Campbell Edward Wiggins Hamlar Curtis Funeral Home, Inc. Melvin and Mabel Bentley Shepard Properties Alice P. Lee Helen M. Hunt Clovis H. Rogers Dollie Viola C. English Richard L. Carter Bettye C. Vincent Trustees, Maple Street Baptist Church Mailing Address 1516 G-ilmer Avenue, NW Roanoke, VA 24017 3101 Tomaranne Drive Roanoke, VA 24018 P.O. Box 6128 Roanoke, VA 24017 1309 Crescent Stre~,NW Roanoke, VA 24017 P. O. Box 12012 Roanoke, VA 24022 927 Fairfax Avenue, NW Roanoke, VA 24016 923 Fairfax Avenue, NW Roanoke, VA 24016 919 Fairfax Avenue, NW Roanoke, VA 24016 915 Faineax Avenue, NW Roanoke, VA 24016 911 Fairfax Avenue, NW Roanoke, VA 24016 902 Fairfax Avenue, NW Roanoke, VA 24016 2121304 Harry Franklin c/o Joan Hill 2121305 2121306 2121307 Nannie Tyree c/o Georgia Tyree Walter and Madge Wheaton c/o Hazel Wheaton 2121619 Xavier L. Fox 2121620 Bertha Y. Mitchell 2121621 James L. Britt 2121622 2121623 2121624 2121625 2121626 2121627 2121628 2121629 Sharon C. Coleman Thomas and Elizabeth Noell Clydie Legans Gracie Charlton c/o Zonnie Stewart Anthony C. Barnes Canitta Gill Emma Watson c/o David Hunt 609 Tenth Street, NW Roanoke, VA 24016 2501 Hanover Avenue, NW Roanoke, VA 24017 1220 Mercer Avenue, NW Roanoke, VA 24017 708 Eighth Street, NW Roanoke, VA 24016 845 Moorman Road, NW Roanoke, VA 24016 841 Moorman Road, NW Roanoke, VA 24016 P. O. Box 12304 Roanoke, VA 24024 8614 Old Mill Drive Roanoke, VA 24019 1101 Gilmer Avenue, NW Roanoke, VA 24017 2110403 Frank Roupas 2110404 2110408 Leo and Patricia Trenor Geraldine V. Baker 3038Mekose Avenue, NW#220 Roanoke, VA 24017 819 Harrison Avenue, NV/ Roanoke, VA 24017 310 Patton Avenue Roanoke, VA 24016 1841 Warrington Road Roanoke, VA 24015 1718 Williamson Road Roanoke, VA 24012 1510 Lafayette Boulevard Roanoke, VA 24017 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke; Virginia, this 24th day of March, 1997 Notary P~bhi: ~ / / MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011A536 Telephone: (540) 853~2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy Ci .~ Ccrk March 10, 1997 File #51 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from Margaret E. Wiggins, Iva W. and Daniel P. Brugh, Wall Jihad, and Leo B. Turner requesting that approximately two acres of land lying on the south side of the 900 block of Moorman Road, the northwest corner of 10th Street and Moorman Road, and the southeast corner of 9th Street and Moorman Road, N. W., identified as Official Tax Nos. 2121214, 2121215, 2110227 - 2110230, inclusive, 2110210 - 2110212, inclusive, 2110401 and 2110402, be rezoned from RM-2, Residential Multi-family District, and C-1, Office District, to C-2, General Commercial District, subject to certain conditions proffered by the petitioners. Sincerely, Mary g. Parker, CMC/AAE City Clerk MFP:sm Enc, pc; The Honorable Mayor and Members of the Roanoke City Council Ms. Margaret E. Wiggins, 3569 Parkwood Drive, S. E., Roanoke, Virginia 24018 Mr. Iva W. Brugh, Route 1, Box 488, Moneta, Virginia 24121 Mr. Daniel P. Brugh, 801 North Mill Road, Salem, Virginia 24153 Mr. John R. Marlles, Agent City Planning Commission March 10, 1997 Page 2 pc; Mr. Wali Jihad, P. O. Box 1721, Greensboro, North Carolina 27402 Mr. Leo B. Turner, 543 Petty Avenue, N. W., Roanoke, Virginia 24019 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 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of approximately two acres of land lying along the south side of the nine hundred block of Moorman Road, N. W., the N. W. corner of 10th Street and Moorman, and the southeast corner of Moorman and 9th Street desiqnated as official city tax num- bers 2121214, 2121215, 2110227, 2110228~ 2110229, 2110230~ 2110210~ 2110211~ 2110212~ 2110401, 2110402, from RM-2~ Residential Multi-Family District and C-l, Office District; to C-2r General Commercial District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL OF THE CITY OF ROANOKE: The Petitioners Margaret E. Wiqqins~ Iva W. Brugh~ Daniel P. Brugh, Wali Jihad, and Leo B. Turner own land in 'the City of Roanoke adjacent to C-2 zoned properties located at 604 10th Street: 2121214, 2121215, 932 Moorman Road: 211027, 926 Moorman Road: 2110228, 2110229, 926 Moorman Road: 2110210, 2110211, 2110230, 902 Moorman Road: 2110212, and 830 Moorman Road: 2110401, 2110402. Said tracts are currently zoned RM-2 and C-1. A map of the properties to be rezoned is attached as Exhibit A. Pursuant to Section 36.1, Code of the City of Roanoke (1979), as amended, the Petitioners request that the said proper- ties be rezoned from RM-2 and C-1 District to C-2 District allow- ing existing nonconforming businesses to comply subject to condi- tions set forth below. The Petitioners believe the rezoning of the said tract of land will further the intent and purpose of the City's Zon- ing Ordinance and its comprehensive plan in that it will allow present businesses to expand, stop further economic decay, and allow for future economic investment. The Petitioners hereby proffer and agree that if the said tract is rezoned as requested, the rezoning will be subject to, and the Petitioners will abide by, the following condition~ 1. Existing properties 2110228, 2110229, 2110230, 2110210, 2110211, 2121214, 2121215, 2110401, and 2110402 not in conformance with minimum C-2 lot requirements will be consolidated, and a subdivi- sion plat prepared, as needed to conform to the C-2 requirements. (These properties are under common ownership that allows some consolidation.) Attached as Exhibit B are the tax numbers of the owner, or owners, of immediately adjacent to, or immediately from, the property to be rezoned. names, addresses, and all lots or property across a street or road WHEREFORE,~ the Petitioners request that the above described tract be rezoned as requested, in accordance with provisions of the Zoning Ordinance of the City of Roanoke. the Respectfully submitted this ~day of ~, 1997. Respectfully submitted by owners, Margaret E. Wiggins 3569 Parkwood Drive, S. E. Roanoke, Virginia 540/774-3697 Iva W. Brugh Route 1, Box 488 Moneta, Virginia 24121 540/297-6299 Daniel P. Brugh 801 North Mill Road Salem, Virginia 24153 540/344-5498 Wali Jihad P. O. Box 1721 Greensboro, North Carolina 540/344-9047 27402 Leo B. Turner 543 Petty Avenue Roanoke, Virginia 24019 540/362-0636 IZ EXHIBIT B ADJOINING PROPERTY OWNERS Tax No. 2110217 Tax No. 2110218 Melvin M. Bentley Mabel S. Bentley 1309 Crescent Street, NW Roanoke, VA 24017 Shepard Prope~ies P. O. Box 11941 Roanoke, Va 24022 Fair[ax Avenue, NW Lot 10 BIk 2 Melrose 931 Fair[ax Avenue, NW Tax No. 2110219 Alice P. Lee 927 Fair[ax Avenue, NW Roanoke, VA 24016 927 Fair[ax Avenue, NW Tax No. 2110220 Helen M. Hunt 3903 AImington Ln Houston, TX 77088 923 Fair[ax Avenue, NW Tax No. 2110221 Clovis H. Rogers 919 Fair[ax Avenue, NW Roanoke, Va 24016 919 Fair[ax Avenue, NW Tax No. 2110222 Dollie Viola Caldwell English 915 Fair[ax Avenue, NW Roanoke, VA 24016 915 Fair[ax Avenue, NW Tax No. 2110223 Richa~ L. Cader Bettye C. Vincent 911 Fair[ax Avenue, NW Roanoke, Va 24016 911 Fair[ax Avenue, NW Tax No. 2110224 Trs Maple St Baptist Church 902 Fair[ax Avenue, NW Roanoke, Va 24016 902 Fair[ax Avenue, NW Tax No. 2110225 Trs Maple St Baptist Church Fair[ax Avenue, NW Lot 19 BIk 2 Melrose Tax No. 2110226 Trs Maple St Baptist Church Fair[ax Avenue, NW Lot 18 BIk 2 Melrose Tax No. 2121213 Tax No. 2110209 Tax No. 2121216 Tax No. 2121304 Tax No. 2121305 Tax No. 2121306 Tax No. 2121307 Tax No. 2121619 Tax No. 2121620 Tax No. 2121621 M. T. & Ruth Campbell 1516 Gilmer Avenue, NW Roanoke, VA 24017 HamlarCu~is Funeral Home, Inc. P. O. Box 6128 Roanoke, VA 24017 Edward E. Wiggins 3101 Tomoranne Drive Roanoke, VA 24018 Harry Franklin c/o Joan Hill 609 Tenth Street Roanoke, VA 24016 Nannie C. Tyree c/o Mrs. Georgia Tyree 2501 Hanover Avenue, NW Roanoke, VA 24017 Walter Wheaton & Madge c/0 Hazel Wheaton 1220 Mercer Avenue, NW Roanoke, VA 24017 Walter Wheaton & Madge c/o Hazel Wheaton 1220 Mercer Avenue, NW Roanoke, VA 24017 Xavier L. Fox 708 Eight Street, NW Roanoke, Va 24016 Be~ha Y. Mitchell 845 Moorman Road, NW Roanoke, VA 24016 James L. Britt 841 Moorman Road, N. W. Roanoke, VA 24016 610 Tenth Street, NW 1002 Moorman Road, NW 1015 Moorman Road, NW 609 Tenth Street, N. W. Tenth Street, N.W. Lot 6 BIk 2 603 Tenth Street, N. W. Ninth Street, N. W. Lot 8 BIk 2 Ninth Street, N. W. Lot 5 Meddolph Hgts 845 Moorman Road, N. W. 841 Moorman Road, N. W. Tax No. 2121622 Tax No. 2121623 Tax No. 2121624 Tax No. 2121625 Tax No. 2121626 Tax No. 2121627 Tax No. 2121628 Tax No. 2110403 Tax No. 2110404 Tax No. 2111001 Tax No. 2110908 Sharon Carlane Coleman P. O. Box 12304 Roanoke, VA 24024 Thomas N & Elizabeth L. Noell 8614 Old Mill Drive Roanoke, VA 24019 Clydie Legans 1101 Gilmer Avenue, N. W. Roanoke, Va 24017 Clydie Legans 1101 Gilmer Avenue, N. W. Roanoke, VA 24017 Clydie B. Legans 1101 Gilmer Avenue, NW Roanoke, VA 24017 Gracie Charlton c/o Zonnie Stewart 3038 Melrose Avenue, N.W. #220 Roanoke, VA 24017 Anthony C. Barnes Canitta Gill 819 Harrison Avenue, N. W. Roanoke, VA 24017 Frank G. Roupas 1841 Warrington Road Roanoke, Va 24015 Leo B. & Patricia B. Trenor 1718 Williamson Road, NE Roanoke, VA 24012 Trustees of Maple Street Baptist Church 902 Fair[ax Avenue, NW Roanoke, VA 24016 Trustees of Maple Street Baptist Church 902 Fair[ax Avenue, NW Roanoke, VA 24016 837 Moorman Road, N. W. Moorman Road, NW Lot 1 8, Pt 2 Harrison Avenue, N. W. Pt Lot 12, BIk 7 Harrison Avenue, NW Lot 13, BIk 7 Harrison Avenue, NW Lot 14 BIk 7 823 Harrison Avenue, N. W. 819 Harrison Avenue N W. Fair[ax Avenue Pt BIk 41 Fair[ax Avenue, NW Pt BIk 41 Fair[ax Avenue, NW Lot 1 BIk 40 Fair[ax Avenue, NW Lot 8 BIk 1 WILBURN C. DIBLING, JR. CITY ATI'ORN Ey CITY OF ROANOKE OFFICE OF CITY ATTORNEY 464 MUNICIPAL BUILDING 215 CHURCH AVENUE, SW ROANOKE, VIRGINIA 24011-1595 TELEPHONE: 540-853-2431 FACSIMILE: 540-853-1221 E-MAIL:cilya.y@¢i.roanoke. va.us July 14, 1997 WILLIAM X PARSONS STEVEN J. TALEVI GLADYS L. YATES GARY E. TEGENKAMP ASSISTANT CITY A~-ORNEYS Ms. Susheela Shende, Executive Director Northwest Neighborhood Environmental Organization 802 Loudon Avenue, N. W. Roanoke, Virginia 24016 Re: Rezoning of property on Moorman Road, Falrfax Avenue and 10th Street. N. W.: Margaret E. W3??in.q. etal. Dear Ms. Shende: This is in response to your letter of July 9, 1997, in which you raised questions with respect to the procedure followed by City Council in consideration of the above-referenced rezoning You also inquired whether Council might reconsider its action in this matter. I am pleased to respond to your inquiry by this letter. On this rezoning, City Council had before it two alternative ordinances which were designated Ordinance A and Ordinance B. Ordinance A would have rezoned nine properties designated by their official tax numbers (all properties except those of Leo B. Trenor). I understand you and your organization favored this ordinance. Ordinance B rezoned eleven properties designated by their official tax numbers. After public hearing on June 16, 1997, in which you and your organization participated, City Council adopted Ordinance B on first reading by a vote of 4-2. Thereafter, on July 7, 1997, City Council adopted Ordinance B on second reading by a vote of 6-0. In your letter to me, you stated that you and your neighborhood were incorrectly advised by a city staff person that a "second hearing" on this matter would be held on July 21, 1997. Please allow me to provide you with some basic information with respeet to rezonin8 procedure. Two public hearings are held in connection with each rezoning The first public hearing is held by the Planning Commission, and the second public hearing is held by City Council. Notice of each public hearing is published pursuant to the requirements of State Code. After City Council's public hearing the Council considers the relevant ordinance on first reading. If the ordinance fails on first reading that is the end of the matter. If the ordinance passes on first reading, the second reading is always held at the next City Council meeting. There is no requirement of a "public hearing" on second reading, and, in my experience, a public hearing has never been held on the second reading of a zoning ordinance. Although all action of City Council is taken publicly, and the public is always welcome to observe the actions of City Council, there is rarely any discussion ofa rezoning ordinance on second reading and it is unusual for proponents or opponents ora rezohing ordinance Ms. Susheela Shende, Executive Director July 14, 1997 P~e2 to even appear at the second reading. I regret that you were misadvised by some person unknown to me that there would be a "second hearing" before City Council in this matter. You have inquired as to whether City Council may reconsider its action in this case. In this regard, Rule 10 of the Rules of Procedure of City Council (§2-15, Code of the City of Roanoke (1979), as emended) permits any Council member who voted with the majority to move for reconsideration at the same or next succeeding Council meeting. A motion to reconsider, therefore, would need to be made on July 21. Once made, the motion may be debated immediately or at some later time, even a time after which the motion could not have been made. ~ (Tth ed, 1970) §36, p.269-272. The effect of adoption of the motion to reconsider is to immediately place before City Council again Ordinance B on second reading. Id, §36, p.274. Should Ordinance B pass on reconsideration, that will conclude the matter as far as City Council is concerned. Should Ordinance B be defeated on reconsideration, then Council may consider Ordinance A which has never been voted on by City Council. I trust that this letter will provide you the information you need. In the interest of fairness, I em providing a copy of this letter to the petitioners for this rezoning so that they will be alert to the possibility of a motion to reconsider. VeD' truly yours, City Attorney WCD:f ~.,~ cc: Vfl/_Robert Herbert, City Manager ~ F. Parker, City Clerk John R. Marlles, Chief, Planning and Community Development Mrs. Margaret E. Wiggins Ms. Iva W. Brugh Mr. Daniel P. Brugh Mr. Wali Jahad Mr. Leo B. Trenor Steven J. Talevi, Assistant City Attorney NORTHWEST NEIGHBORHOOD ENVIRONMENTAL ORGANIZATION You don't have to move to live in a bet~r place July 9, 1997 Wilbur C. Dibling, Jr. City Attorney 215 Church Avenue, SW Roanoke, VA 24011 Dear Mr. Dibling: I am writing this letter on behalf of the Gilmer neighborhood residents and the Northwest Neighborhood Environmental Organization (NNEO). On June 16, 1997, Roanoke City Council conducted the hearing on an application to rezone certain parcels between 10~h Street and 8t~ Street on Moorman Road. Members of the NNEO were present and presented their views at the hearing. Contrary to the opinion of the NNEO and the general concerns of the residents of the neighborhood, City Council voted on an alternate ordinance approving the application in its entirety. The approved ordinance also did not reflect the Roanoke Planning Commission's resolution and recommendation on the matter. The members of the neighborhood present at the City Council hearing were informed by a City staff member that the next hearing on the matter was going to be the second hearing and that would be on July 21't, 1997. This information was incorrect as it has turned out because the second reading apparently was held on July 7, 1997.1 would like to stress that the mistake on the part of the City staff person was genuine and unintentional. Further, we did not receive any notice of the second reading which I expected to receive. My expectation was based on the fact that NNEO had signed up to speak at the first reading and obviously had concerns on this matter. Would it not be fairly routine to send out notices of the second reading at least to those who had taken the time to attend the first hearing and voice their concerns on a specific item on the agenda for first reading? How can it serve the public's interest ifa notice of second reading is not sent to those with known specific concerns? It is my understanding that the approved ordinance rezoning the properties does not go into effect for ten days from the date of the approval which implies that the ordinance will be effective on July 17, 1997. Due to reasons beyond our control, we were unable to present our views at the second reading and we in fact have gone to great lengths to prepare a presentation including photographs and a detailed bmchure of information in preparation for July 21, 1997. The brochures have been widely distributed in the neighborhood and we are going to have some explaining to do regarding this matter. It is our request that you kindly look into this matter and let us know if this rezoning can be reconsidered in light of the above. Thank you for your time. Sincerely, Susheela Shende, AICP Executive Director Mr. Bob Herbert, City Manager Ms. Mary Parker, City Clerk Mr. John Marlles, AICP, Chief, Dept. Of Planning Phone 540/343-5674 802 Loudon Avenue, N. t4/ Roanoke, Virginio 24016 Mary F. Parker, CMC/AAE City Clerk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #514 The Honorable Arthur B. Crush, III Clerk of Circuit Court Roanoke, Virginia Dear Mr. Crush: I am attaching copy of Ordinance No. 33463-070797, for proper recordation in your office, permanently vacating, discontinuing and closing a certain undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School, and the westerly right-of-way boundary of Dudding Street and Carter Road, S. W., in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, City Clerk MFP:sm Attachment H:'~AGEND^.97'dULY.7 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #514 Richard L. Kelley, Agent Roanoke City School Board 40 Douglass Avenue, N. W. ..... Roanoke, Virginia 24012 Dear Mr. Kelley: I am enclosing copy of Ordinance No. 33463-070797 permanently vacating, discontinuing and closing a certain undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School, and the westerly right-of-way boundary of Dudding Street and Carter Road, S. W., in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. Richard L. Kelley, Agent Roanoke City School Board Jbly 11, 1997 Page 2 pc: Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board W. Robert Herbert, City Manager Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation Kit B. Kiser, Director, Utilities and Operations ........... V~llliam 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 1997. No. 33463-070797. AN ORDINANCE permanently vacating, discontinuing and closing certain undesignated public rights-of-way in the City of Roanoke, Virginia, and rededicating and establishing new right-of-way boundaries pursuant to ~15.1-482(b) of the Code of Virginia (1950), as amended, as are more particularly described hereinafter. WHEREAS, the School Board of the City of Roanoke filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the undesignated public rights-of-way described hereinafter, and rededicate and establish new right-of- way boundaries pursuant to §15.1-482(b) of the Code of Virginia (1950), as amended; and WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held on the First Amended Application by the City Council on June 16, 1997, after due and timely notice thereof as required by §30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject undesignated public rights-of-way have been properly notified; and WHEREAs, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing said undesignated public rights-of-way, or from rededicating and establishing new right-of-way boundaries pursuant to ~15.1-482(b) of the Code of Virginia (1950), as amended. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of an undesignated public right-of-way in Raleigh Court Park; and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997, and being an unopened alley, formerly part of the right-of-way of Dudding Street and Carter Road, as shown on a plat for the City of Roanoke recorded in Deed Book 620, page 312, 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 a~d 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 2 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 twelve (12) months from the effective date of this ordinance, this ordinance shall become null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that the City Engineer and Clerk of Circuit Court be,'and are, directed to mark "permanently vacated" on said public right-of-way on all maps, plats, plans, and other legal instruments, including Plat Book 1, page 342, Plan Nos. 2081- A, 2081-B, Plan No. 5530, and Deed Book 1386, page 163, on file in their respective office on which said rights-of-way are shown, referring to the book and page of ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that the following described right-of- way is rededicated and established, pursuant to ~15.1-364 of the Code of Virginia (1950), as amended: Beginning at a point on the West side of Dudding Street at the intersection of the proposed new right-of-way of Dudding Street and the existing right-of-way of Duddlng Street at its intersection with an old deed line described in Deed Book 620, page 310; thence, S. 270 58' 07" E. 257.32 feet leaving the existing right-of-way and with the proposed right-of-way of Dudding Street and continuing with the proposed right-of-way the following calls: S. 35o 58'08" E. 55.67 feet, chord bearing and distance along a curve to the left with a radius of 200.00 feet, an angle of 16o 00", and an arc length of 55.85 feet; S. 25o 25'24" E. 127.22 feet, chord bearing and distance along a curve to the right with a radius of 200.00 feet, an angle of 460 01'51", and an arc length of 129.47' passing the intersection of Sherwood Avenue to a point in the right-of-way of Carter Road; thence, S. 060 52'40" E. 215.75 feet with the right-of-way of Carter Road to a found 1/2" smooth iron pin and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997. 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 the School Board of the City of Roanoke, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission June 16, 1997 The Honorable David A. Bowers, Mayor and Members of Roanoke City Council Roanoke, Virginia Dear Members of Council: Subject: I. Background: II. First amended application from the School Board of the City of Roanoke, Virginia, represented by Richard L. Kelley, to close and vacate a certain undesignated public fight-of-way (alley) and to vacate the westerly fight-of- way boundary of a certain section of Dudding Street, S.W., for the purpose of re-dedicating and establishing a new right-of-way boundary along said section of Dudding Street and Carter Road, S.W., to establish a new fight-of- way boundary along the westerly side of said Dudding Street and Carter Road, S.W~ Application, as originally submitted on March 6, 1997, requested the closure and vacation of a certain undeveloped section of Dudding Street, S.W., a triangular parcel (median) of right-of-way situated between this undeveloped street section and the public right-of-way of the existing Dudding Street and Carter Road, S.W., and a smaller undesignated right-of-way (alley) abutting the northerly property line of Woodrow Wilson Junior High School. Staff review of the application in conjunction with available City records revealed that the subject undeveloped section of Dudding Street, S.W., the triangular parcel of public fight-of-way, and a major portion of the smaller undesignated right-of-way (alley) was previously closed and vacated by City ordinance in 1976. Application was initially scheduled to be heard at the Planning Commission meeting on April 2, 1997. Application was continued to the Planning Commission's next regularly scheduled meeting in order to provide the applicant with sufficient time to prepare and submit an amended application. Current Situation: Application, as mnended, seeks to close and vacate a small section of undesignated fight of way, referred to in deed 1385, page 163, as an alley. Application also seeks Room 162 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 240~ 1 (540) 853-2344 Members of Council Page 2 to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, S.W. and the adjacent public school and park properties (Map A). Alley. as requested for closure was originally a part of the larger alley area vacated by City ordinance on August 2, 1976. Ordinance effecting that closure and vacation did not include the entire length of the subject alley. Right-of-way boundary_ along the westerly side of Dudding Street and Carter Road, S.W., as proposed by the applicant is based on a certified survey (see attached Map B, Phillip L. Nester, Inc.). Right-of-way bounda _ry to be established by the subject new survey will vacate small areas of excess right-of-way along the westerly side of Dudding Street and Carter Road, S.W. These areas have been used for many years for public school and public park purposes. These vacated areas will revert to the City and the School Board if vacated by the City. Boundar~ proposed to be re-established along the westerly side of Dudding Street and Carter Road, S.W., has been reviewed by the Department of Public Works and the Office of the City Engineer. Vacation of the current and existing westerly right-of-way boundary of Dudding Street and Carter Road, S.W., as proposed by the applicant, will require the following action: Right-of-way boundary should be vacated pursuant to Section 15.1-482(b) of the Code of Virginia (1950), as amended, in order to effectively destroy the force and effect of all plats, plans and other legal instruments previously recorded or retained and filed for the purpose of establishing said boundary. City Engineer and the Clerk of Circuit Court should be directed to note and mark such boundary on all such existing plats, plans, and other legal instruments, including Plat book 1, page 342, Plan Nos. 2081-A, 2081-B, Plan No. 5530, and Deed book 1386, page 163 as "vacated." Amended aDolication was reviewed by the Planning Commission at its regular meeting on May 7, 1997. III. Issues: A. Neighborhood impact. B. Traffic impact. Members of Council Page 3 C. Utilities within the public right-of-way. D. Creation of a dead-end street or alley. E. Land use. F. Relationship to the comprehensive plan. IV. Alternatives: Approve the School Board's amended application to close and vacate the described section of undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School, and to vacate the existing westerly right-of- way boundary of Dudding Street and Carter Road, S.W., to establish a new right-of- way boundary along the westerly side of Dudding Street and Carter Road, S.W., as shown and defined on a plat of survey prepared by Phillip L. Nester, Inc., on 10/24/96, subject to certain conditions outlined in Section V., of this report. Neighborhood impact. Closure and vacation will have no effect on the neighborhood. Traffic impact. Closure and vacation will have no effect on traffic or traffic needs in the area. 3. Utilities within the public right-of-way. a. City has utilities within the public right-of-way. b. Appropriate easements will be retained for all utilities. Creation of a dead-end street or alley. Closure will not create a dead-end street or alley. Land use. Subdivision plat will be required to provide for appropriate disposition of the vacated rights-of-way, and the establishment of the new right-of-way boundary along the westerly side of Dudding Street and Carter Road, S.W. Relationship to the comprehensive plan. Application, amended to close the remaining section of undesignated public right-of-way and to establish a new boundary along the westerly side of Dudding Street and Carter Road, S.W., would be consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner. Members of Council Page 4 B. Deny the applicant's amended application. 1. Neighborhood impact - None. 2. Traffic impact - None. 3. Utilities within the public right-of-way would not be an issue. 4. Creation of a dead-end street or alley would not be an issue 5. .Land use: Physically non-existent public right-of-way will continue to be shown on all City maps as a public right-of-way. Designation as a public right-of-way on City maps will be inconsistent with the actual use of the land (school use). Relationship to the comprehensive plan, Leaving this isolated and unconnected section of public right-of-way as an encumbrance on the property would be inconsistent with the intent of the comprehensive plan. V. Recommendation: The Planning Commission, by a vote of 5-0-1 (Mrs. Coles absent and Mr. Rife abstaining), recommend that City Council approve Alternative A, thereby approving the School Board's amended application to close and vacate the described section of undesignated public right- of-way abutting the northerly property line of Woodrow Wilson Junior High School, and to vacate pursuant to 15.1-482(b) of the Code of Virginia (1950), as amended, the westerly right-of-way boundary of Dudding Street and Carter Road, S.W., in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, S.W., subject to the following conditions: The applicant shall submit to the City for its review and approval, receive approval of, and record in the office of the Roanoke City Circuit Court, a subdivision plat, with said plat providing thereon for the following: Providing for vacation of the subject undesignated right-of-way (alley) and the subject sections of the westerly right-of-way boundary of Dudding Street and Carter Road, S.W., and the establishment of a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, S.W, as shown on a plat of survey prepared by Phillip L. Nester, Inc., on 10/24/96. Members of Council Page 5 Combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law. The retention of appropriate easements, together with the right of public passage over the same, for surface and subsurface installation and maintenance of any and all existing utilities that may be located within the right-of-way. If the above conditions have not been met within a period of 12 months from the date of the adoption of the ordinance providing for the closure of the subject right-of-way, then said ordinance shall be null and void with no further action by City Council being necessary. City Engineer and the Clerk of Circuit Court should be directed to note and mark such boundary on all such plats, plans, and other legal instruments, including Plat book 1, page 342, Plan Nos. 2081-A, 2081-B, Plan No. 5530, and Deed book 1386, page 163 as "vacated." Respectfully submitted, Gilbert E. Butler, Chairman Roanoke City Planning Commission JRM:ERT:mpf attachment cc: Assistant City Attorney Petitioner FIRST AMENDED APPLICATION TO VACATE CERTAIN PORTIONS OF AN UNDESIGNATED PUBLIC RIGHT-OF-WAY ADJACENT TO WOODROW WILSON MIDDLE SCHOOL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: The first amended application of the School Board of the City of Roanoke, Virginia, to close and vacate a portion of an undesignated public right-of-way, as more fully described herein. TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL: The School Board of the City of Roanoke, Virginia, applies pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended, to have certain portions of an undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Middle School permanently vacated, discontinued, and closed. The vacation and new boundary line formally establishing the westerly edge of the right-of-way of a por'don of Carter Road and Dudding Street, SW, are more fully described as follows: UNDESIGNATED PUBLIC RIGHT-OF-WAY VACATION: A portion of an undesignated public right-of-way in Raleigh Court Park; and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997. A copy of said survey is attached to this application. The tract is an unopened alley, formerly part of the right-of-way of Dudding Street and Carter Road, as shown on a plat for the City of Roanoke recorded in Deed Book 620, Page 312. PROPOSED RIGHT-OF-WAY: Beginning at a point on the West side of Dudding Street at the intersection of the proposed new right-of-way of Dudding Street and the existing right-of-way of Dudding Street at its intersection with an old deed line described in Deed Book 620, Page 310. Thence, S 27 degrees 58t 07" E 257.32' leaving the existing right-of-way and with the proposed right-of-way of Dudding Street and continuing with the proposed right-of-way the following calls: S 35 degrees 58' 08" E $5.67', chord beadng and distance along a curve to the left with a radius of 200.00', an angle of 16 degrees 00", and an arc length of $5.85'. S 25 degrees 2.5' 24' E 127.22',.'chord bearing and distance along a curve to the right with a radius of 200.00', an angle of 46 degrees 01' 51 ', and an arc length of 129.47' passing the intersection of Sherwood Avenue to a point in the right-of*way of Carter Road. Thence, S 06 degrees 52' 40" E 215.75' with the right-of-way of Carter Road to a found 1/2~ smooth iron pin and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997. The School Board of the City of Roanoke states that the grounds for this application are as follows: 1 ) The School Board intends to close Woodrow Wilson Middle School beginning in June, 1997, through August, 1998, for a major renovation/expansion of the school. 2) The School Board seeks to establish a newly westerly boundary for the right-of-way of Dudding Street and Carter Road. Due to the irregularity of the intersections of Carter Road, Dudding Street, Sherwood Avenue and Stratford Place, the eastern edge of Raleigh Court Park is not cleady defined. The establishment of this new boundary, which follows the long-established pavement and sidewalk patterns, will also allow the School Board to demonstrate compliance with the setback requirements along Carter Road dudng the City of Roanoke's formal Comprehensive Site Plan Review. 3) This School Board regards this application as a "housekeeping" measure and notes that the utilization of the park as a school site and recreation area will not be affected by the granting of this request, nor will any neighboring pdvate residences be affected by this action. WHEREFORE, The School Board of the City of Roanoke respectfully requests that the portion of the undesignated public right-of-way described above be permanently vacated, discontinued, and closed by the Council of the City of Roanoke, Virginia, in accordance with Virginia Code Section 1 S.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended. By: Respectfully submitted this Twenty-eighth day of April, 1997, SCHOOL BOARD OF THE CITY OF ;or 0 pe;aKtieollnesY;' Assistant S u PLr)ntendent Agent for School Board of the City of Roanoke, Virginia Undesi~ated fi~t-o[way not dosed by ~ 1976 Area closed by Ordinance in 1976, I I Boundary To Be Vacated MAP A ASPHALT pAV~EM£NT '~ Right-of-way Boundary To Be Rededicated t 1.871 ACRES TOTAL I Alley Section Requested For Closure and Vacation SMOOTH PIN OLD DEED LINES..__~---~ TO BE VACATED 464 PINCHED PIPE BRICK SCHOOL BUILDING L2 M~P- B. THE ROANOI TIMES Ad Number: Publisher's Fee: $ 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, 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: NO~C£ OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Authorized Signature , Classified Sales Manager NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, June 16, 1997, 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, to the extent the City has any legal interest in said public right-of-way, pursuant to ~15.1- 482(b) of the Code of Virginia (1950), as amended, the following public right-of-way: A certain undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School, and the westerly right-of-way boundary of Dudding Street and Carter Road, S.W., in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road, S.W. A copy of this proposal is available the Office of the City Clerk, Room 456, parties in interest may appear on the the question. GIVEN under my hand this 27~h for public inspection in Municipal Building. Ail above date and be heard on day of Ma3 , 1997. Mary F. Parker, City Clerk. Publish in the ~, once on Thursday, May 29, 1997, June 5, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Richard L. Kelley Assistant Superintendent for Operations Roanoke City Schools 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Publish in the Roanoke Times. once on Thursday, May 29, 1997, and once on Thursday, June 5, 1997. Send publisher's affidavit to: Send bill to: Mary F. Parker, City Clerk Room 456, Municipal Building 215 Church Avenue, S. W. Roanoke, Virginia 24011-1536 Richard L. Kelley Assistant Superintendent for Operations Roanoke City Schools 40 Douglass Avenue, 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: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clmk June 4, 1997 File #514 Richard L. Kelley, Agent Roanoke City School Board 40 Douglass Avenue, N. W. Roanoke, Virginia 24012 Dear Mr. Kelley: 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, June 16, 1997, at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Roanoke City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, S. W., on the request of the Roanoke City School Board that a certain undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Junior High School, and the westerly right-of-way boundary of Dudding Street and Carter Road, S. W., be permanently vacated, discontinued and closed, in order to establish a new right-of-way boundary along the westerly side of Dudding Street and Carter Road. For your information, I am enclosing copy of a notice of the public hearing and a report of the City Planning Commission with regard to the matter. Please review the documents and if you have questions, you may contact John R. Marlles, A~ent, City Planning Commission, at 853-2344. A copy of the Ordinance will be forwarded at a later date. Richard L. Kelley, Agent Roanoke City School Board June 4,1997 Page 2 It will be necessary for you, or your representative, to be present at the June 16 public hearing. Failure to appear could result in a deferral of the matter until a later date. Sincerely, Mar7 F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board 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) 853-2541 Fax: (540) 853~1145 May 7,1997 File #514 SANDRA H. EAKIN Dcpulv Ci ~ Clerk John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: 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 attaching COpy of an amended application from the Roanoke City School Board requesting that certain portions of an undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Middle School be permanently vacated, disCOntinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment pc; The Honorable Mayor and Members of the Roanoke City Council Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney · FIRST AMENDED APPLICATION TO VACATE CERTAIN PORTIONS OF AN UNDESIGNATED PUBLIC RIGHT-OF-WAY ADJACENT TO WOODROW WILSON MIDDLE SCHOOL IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: The first amended application of the School Board of the City of Roanoke, Virginia, to close and vacate a portion of an undesignated public right-of-way, as more fully described herein. TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL: The School Board of the City of Roanoke, Virginia, applies pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended, to have certain portions of an undesignated public right-of-way abutting the northerly property line of Woodrow Wilson Middle School permanently vacated, discontinued, and closed. The vacation and new boundary line formally establishing the westerly edge of the right-of-way of a portion of Carter Road and Dudding Street, SW, are more fully described as follows: UNDESIGNATED PUBLIC RIGHT-OF-WAY VACATION: A portion of an undesignated public right-of-way in Raleigh Court Park; and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997. A copy of said survey is attached to this application. The tract is an unopened alley, formerly part of the right-of-way of Dudding Street and Carter Road, as shown on a plat for the City of Roanoke recorded in Deed Book 620, Page 312. PROPOSED RIGHT-OF-WAY: Beginning at a point on the West side of Dudding Street at the intersection of the proposed new right-of-way of Dudding Street and the existing right-of-way of Dudding Street at its intersection with an old deed line described in Deed Book 620, Page 310. Thence, S 27 degrees 58' 07" E 257.32' leaving the existing right-of-way and with the proposed right-of-way of Dudding Street and continuing with the proposed right-of-way the following calls: S 35 degrees 58' 08" E 55.67', chord bearing and distance along a curve to the left with a radius of 200.00', an angle of 16 degrees 00", and an arc length of 55.85'. S 25 degrees 25' 24'~ E 127.22', chord bearing and distance along a curve to the right with a radius of 200.00~, an angle of 46 degrees 01' 51 ", and an arc length of 129.47' passing the intersection of Sherwood Avenue to a point in the right-of-way of Carter Road. Thence, S 06 degrees 52' 40" E 215.75' with the right-of-way of Carter Road to a found 1/2" smooth iron pin and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997. The School Board of the City of Roanoke states that the grounds for this application are as follows: 1) The School Board intends to close Woodrow Wilson Middle School beginning in June, 1997, through August, 1998, for a major renovation/expansion of the school. 2) The School Board seeks to establish a newly westerly boundary for the right-of-way of Dudding Street and Carter Road. Due to the irregularity of the intersections of Carter Road, Dudding Street, Sherwood Avenue and Stratford Place, the eastern edge of Raleigh Court Park is not clearly defined. The establishment of this new boundary, which follows the long-established pavement and sidewalk patterns, will also allow the School Board to demonstrate compliance with the setback requirements along Carter Road during the City of Roanoke% formal Comprehensive Site Plan Review. 3) This School Board regards this application as a "housekeeping" measure and notes that the utilization of the park as a school site and recreation area will not be affected by the granting of this request, nor will any neighboring private residences be affected by this action. WHEREFORE, The School Board of the City of Roanoke respectfully requests that the portion of the undesignated public right-of-way described above be permanently vacated, discontinued, and closed 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 this Twenty-eighth day of April, 1997, By: SCHOOL BOARD OF THE CITY OF R~N~OKiE, Richard L. Kelley, ~sistant ~tendent for Opera~ons; Agent for School Board of the City of Roanoke, Virginia 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, May 7, 1997, 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 I~om the School Board of the City of Roanoke, Virginia, represented by Richard L. Kelley, that certain portions of the right-of-way for Dudding Street, S.W., and Carter Road, S.W., and a certain portion of an undesignated public right-of-way (unopened alley), 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, March 18, 1997 and Tuesday, March 25, 1997 Please bill: Richard L. Kelley Assistant Superintendent for Operations Roanoke City Schools 40 Douglass Avenue, NW Roanoke, VA 24012 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING COMMISSION TO WHOM IT MAY CONCERN: The Roanoke City Planning Commission will hold a public heating on Wednesday, April 2, 1997, 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 fi.om the School Board of the City of Roanoke, Virginia, represented by Richard L. Kelley, that certain portions of the right-of-way for Dudding Street, S.W., and Carter Road, S.W., 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, March 18, 1997 and Tuesday, March 25, 1997 Please biH: Richard L. Kelley Assistant Superintendent for Operations Roanoke City Schools 40 Douglass Avenue, NW Roanoke, VA 24012 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) MARY F. PARKER, CMC/AAE Cit), Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue~ SW.. Room 456 Roanoke, Virginia 2401 I- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk March 10, 1997 File #514 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: 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 attaching copy of an application from the Roanoke City School Board requesting that a portion of Dudding Street and Carter Road, S. W., be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: The Honorable Mayor and Members of the Roanoke City Council Marsha W. Ellison, Chairperson, Roanoke City School Board, 2030 Knollwood Road, S. W., Roanoke, Virginia 24018 Dr. E. Wayne Harris, Superintendent, Roanoke City Public Schools Richard L. Kelley, Assistant Superintendent for Operations, Roanoke City Public Schools Cindy H. Ramsuer, Clerk, Roanoke City School Board Martha P. Franklin, Secretary, City Planning Commission Ronald H. Miller, Building Commissioner Steven J. Talevi, Assistant City Attorney APPLICATION TO VACATE CERTAIN PORTIONS OF THE RIGHT-OF-WAY OF CARTER ROAD AND DUDDING STREET IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: The application of the School Board of the City of Roanoke, Virginia, to vacate certain portions of Dudding Street and Carter Road, as more fully described herein. TO THE HONORABLE MAYOR AND MEMBERS OF COUNCIL: The School Board of the City of Roanoke, Virginia, applies pursuant to Virginia Code Section 15.1-364 and Section 30-14, Code of the City of Roanoke (1979), as amended, to have certain portions of the right-of-way for Dudding Street and Carter Road, SW, permanently vacated, discontinued, and closed. The vacation and new boundary line for the right-of-way are more fully described as follows: STREET VACATION: All of that certain tract of land containing 0.9 acre, more or less, and being bounded on the West by an old deed line described in Deed Book 620, Page 310; on the South by an old deed line described in Deed Book 464, Page 459; and on the East by the proposed right-of- way of Dudding Street and Carter Road and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, t996, and revised February 11, 1997. A copy of said survey is attached to this application. The 0.9 acre, more or less, tract is a portion of the right-of-way of Dudding Street and Carter Road as shown on a plat for the City of Roanoke recorded in Deed Book 620, Page 312. PROPOSED RIGHT-OF-WAY: Beginning at a point on the West side of Dudding Street at the intersection of the proposed new right-of-way of Dudding Street and the existing right-of-way of Dudding Street at its intersection with an old deed line described in Deed Book 620, Page 310. Thence, S 27 degrees 58' 07" E 257.32' leaving the existing right-of-way and with the proposed right-of-way of Dudding Street and continuing with the proposed right-of-way the following calls: S 35 degrees 58' 08" E 55.67', chord bearing and distance along a curve to the left with a radius of 200.00', an angle of 16 degrees 00' 02", and an arc length of 55.85'. S 25 degrees 25 ' 24" E 127.22', chord beating and distance along a curve to the right with a radius of 200.00', an angle of 46 degrees 01' 51", and an arc length of 129.47' passing the intersection of Sherwood Avenue to a point in the right-of-way of Carter Road. Thence, S 06 degrees 52' 40" E 215.75' with the right-of-way of Carter Road to a found 1/2" smooth iron pin and being more particularly shown on a survey for Woodrow Wilson Middle School and Raleigh Court Park by Philip W. Nester, dated October 24, 1996, and revised February 11, 1997. The School Board of the City of Roanoke states that the grounds for this application are as follows: 1) The School Board intends to close Woodrow Wilson Middle School beginning in June, 1997, through August, 1998, for a major renovation/expansion of the school. 2) The School Board seeks to establish a new westerly boundary for the right-of-way of Dudding Street and Carter Road. This new right-of-way, which follows the established pavement and sidewalk patterns, will allow the School Board to demonstrate compliance with the setback requirements along Carter Road during the City of Roanoke's formal Comprehensive Site Plan Review. 3) This School Board sees this application as a "housekeeping" measure and notes that the utilization of the park as a school site and recreation area will not be affected by the granting of this request, nor will any neighboring private residences be affected by th/s action. WHEREFORE, The School Board of the City of Roanoke respectfully requests that the right-of-way described above be permanently vacated, discontinued, and closed 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 this Sixth day of March, 1997, SCHOOL BOARD OF THE CITY OF ROANOKE, VIRGINIA School Board of the City of Roanoke, Virginia Z I,I Mary F. Parker, CMCIAAE c~y C~rk CITY OF ROANOKE Office of the City Clerk Sandra H. Eakin Deputy City Clerk July 11, 1997 File #51 W.- Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 33464-070797 rezoning a certain 1.527-acre parcel of land lying in the northeast quadrant of the City, identified as Official Tax No. 7230302, from RA, Residential Agriculture District, to LM, Light Manufacturing District. The abovereferenced measure was adopted by the Council of the City of Roanoke on first reading on Monday, June 16, 1997, also adopted by the Council on second reading on Monday, July 7, 1997, and will be in full force and effect ten days following the date of its second reading. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Attachment W. Robert Herbert City Manager July 11, 1997 Page 2 pc; Gilbert E. Butler, Jr., Chair, City Planning Commission, 3406 Exeter Street, S. W., Roanoke, Virginia 24014 Wilburn C. Dibling, Jr., City Attorney Steven J. Talevi, Assistant City Attorney Willard N. Claytor, Director of Real Estate Valuation Nancy J. Brown, Appraiser Aide, Real Estate Valuation 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 IN THE COUNCIL OF THE CITY OF ROANOKE, The 7th day of July, 1997. No. 33464-070797. VIRGINIA, AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 723, Sectional 1976 Zone Map, City of Roanoke, to rezone certain property within the City. WHEREAS, the City Planning Commission has made application to the Council of the Roanoke to have the hereinafter described property rezoned from RA, Residential Agriculture District, to LM, Light Manufacturing 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 Commission, which after giving required by §36.1-693, Code of amended, and after conducting a has made its recommendation to hearing was held by City Council on said application at its meeting on June 16, 1997, 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 §36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 723 of the Sectional 1976 Zone Map, City of Roanoke, be amended in the following particular and no other: That certain 1.527-acre parcel of land lying in the northeast quadrant of the City, and designated on Sheet No. 723 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax No. 7230302, be, and is hereby rezoned from RA, Residential Agriculture District, to LM, Light Manufacturing District, pursuant to the Petition filed in the Office of the City Clerk on May 8, 1997, subject to any changes required by the City during site plan review, and that Sheet No. 723 of the Zone Map be changed in this respect. ATTEST: City Clerk. Department of Planning and Community Development Planning Division June 16, 1997 The Honorable David A. Bowers, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request fi.om the City of Roanoke that property located within the Roanoke Centre for Industry and Technology in the northeast quadrant of the City, bearing Official Tax No. 7230302 and containing approximately 1.527 acres, be rezoned from RA, Residential Agricultural District to LM, Light Manufacturing District. Purpose of the request is to rezone the subject property fi.om RA, Residential Agricultural District, to LM, Light Manufacturing District, in order to be consistent with the surrounding zoning and industrial park use. B. Petition to rezone was filed on May 8, 1997. Petition is unconditional. Roanoke Centre for Industry and Technology (RCIT) was established in 1983. A 142 acre expansion to RCIT was rezoned by Roanoke City Council in July 1989. The subject parcel is totally enclosed within the expanded area but was not acquired until after surrounding property was rezone& Plannin Commis ion public hearing was held on Wednesday, June 4, 1997. The Commission discussed the proposed request and solicited citizen comment. There were no citizens appearing either in opposition to or in favor of the request. II. Issues: Zoning of the subject parcel is RA, Residential Agricultural District. Zoning to the north, south, east and west is LM, Light Manufacturing District. Room ~ 62 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (540) 853-2344 Members of Council Page 2 Land use of the subject parcel was single family residential. The former residential structure was demolished to accommodate future industrial development. Land use of the surrounding area is an undeveloped industrial park. C. Utilities are available. Traffic is not a major concern. Access to the subject area will be provided through an extension of Blue Hills Drive. Neiehborhoogl is not an issue. Subject parcel is completely surrounded by area zoned and proposed for development as an industrial park. F. Comorehensiv~ plan recommends that industrial development should be encouraged. III. Alternatives: A. Aoorove the rezoning request. Zoning becomes LM, Light Manufacturing District, consistent with the surrounding zoning pattern within the RCIT. Land use of the subject parcel proposed for rezoning would change from residential to light industry. 3. Utilities are available in the area. 4. Traffic is not an issue. Neighborhood impact is not an issue. The subject parcel is surrounded by an area already zoned LM, Light Manufacturing District. Comprehensive plan goal of encouraging new industrial development on appropriate sites would be addressed. B. Deny the rezoning request. Zoning of the subject parcel would remain RA, Residential Agricultural District. Land use would remain. Opportunity to expand Roanoke Centre for Industry and Technology would be lost thus reducing the City's future inventory of available industrial sites. 3. Utilities would not be affected. Members of Council Page 3 4. Traffic would not be affected. 5. Neighborhood would not be affected. Comprehensive plan goal of encouraging new industrial development on appropriate sites would not be realized. The Planning Commission, by a vote of 6-0 (Mr. Hill absent) recommended approval of the requested rezoning finding that it was consistent with the comprehensive plan's goal of encouraging new industrial development on appropriate sites. The subject rezoning is also consistent with the zoning pattern in the area. Respectfully submitted, Gilbert E. Butler, Jr., Chairman Roanoke City Planning Commission IRM:mpf attachments cc: Assistant City Attorney Economic Development Administrator TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: Having moved to do so at its meeting on May 7, 1997, pursuant to the requirement of Section 15.1-491, Code of Virginia (1950), as amended, and Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone land in the City of Roanoke containing 1.527 acres, more or less, bearing the Official Tax Map Number 7230302. Maps of the property to be rezoned are attached as Exhibit A. The Planning Commission would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City and concluded that zoning of the subject property should be consistent with the existing land uses and that the present PA, Residential Agriculture District, is not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcel of land, owned by the City of Roanoke, and bearing the Official Tax Map Number listed above, lying in the northeast quadrant of the City, b~ rezoned fi.om RA, Residential Agriculture District, to LM, Light Manufacturing District. The City of Roanoke is also the owner of all properties adjoining the tract proposed to be rezoned. 3. It is submitted that the rezoning of the subject ar~a will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by: (1) making the existing use oftha subject property consistent with the proper zoning category; (2) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining properties; and (3) facilitating preservation of the industrial character of the area. WHEREFORE, the Planning Commission of the City of Roanoke requests that the subject property be rezoned from RA, Residential Agriculture District, to LM, Light Manufacturing District, and that the City's zoning maps be amended accordingly. Respectfully submitted this 8th day of May 1997, ROANOKE CITY PLANNING COMMISSION By: Gilbert E. Butler, Jr. Acting Chairman RC.I.T. Arl3ition CITY OF ROANOKE, VIRGINIA !ill ' Ad Number: 52968736 Publisher's Fee: $112.00 CITY OF ROANOKE ROOM 456, MUNICIPAL BUIL 215 CHURCH AVENUE, S. W. ROANOKE, VA 24011 The 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, 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: 05/29/97 FULL RUN - Thursday 06/05/97 FULL RUN - Thursday Witness, this 9th day of June 1997 Authorized Signature TI4F ROANOKE TIMES Ad Number: Publisher's Fee: 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, a daily newspaper published in Roanoke, in the State of Virginia, do certify that the annexed notice was published in said newspapers on the following dates: Witness, this ~ day of Authorized Signature , Classified Sales Manager 5,< × 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, June 16, 1997· at 7:00 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue· S.W., on the question of rezoning from RA, Residential Agriculture District, District, the following property: to LM, Light Manufacturing That certain 1.527-acre parcel of land lying in the northeast quadrant of the City, and bearing Official Tax No. 7230302. 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 the question. GIVEN under my hand this 2?th day of May heard on · 1997. Mary F. Parker, City Clerk. Publish in the J~AaJ]G~,~J)ZUD~, once on Thursday, June 5, 1997. 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 post-it' Fax Note 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) 853-2541 Fax: 1540) 853-1145 SANDRA H. EAKIN Deputy City Clerk May 16, 1997 File #51 John R. Marlles, Agent City Planning Commission Roanoke, Virginia Dear Mr. Marlles: Pursuant to Section 36.1-690(e) of the Code of the City of Roanoke (1979), as amended, I am attaching copy of a petition from the City of Roanoke requesting that property located within the Roanoke Centre for Industry and Technology in the northeast quadrant of the City, containing approximately 1.527 acre, more or less, identified as Official Tax No. 7230302, be rezoned from RA, Residential Agricultural District, to LM, Light Manufacturing District. Sincerely, Mary F. Parker, CMCha~AE City Clerk MFP:sm Enc. John R. Marlles, Agent City Planning Commission May 16, 1997 Page 2 pc: The Honorable Mayor and Members of the Roanoke City Council W. Robert Herbert, City Manager 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 HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: ~ Having moved to do so at its meeting on May 7, 1997, pursuant to the requirement of Section 15.1-491, Code of Virginia (1950), as amended, and Section 36.1-690, Code of the City of Roanoke (1979), as amended, the Planning Commission of the City of Roanoke respectfully files this Petition to Rezone land in the City of Roanoke containing 1.527 acres, more or less, bearing the Official Tax'l~Iap Number 7230302. Maps of the property to be rezoned are attached as Exhibit A. The Planning Commission would state the following: 1. The Planning Commission has considered land uses, zoning and development trends in this area of the City and concluded that zoning of the subject property should be consistent with the existing land uses and that the present RA, Residential Agriculture District, is not appropriate. 2. Pursuant to the provisions of Article VII of Chapter 36.1 of the Code of the City of Roanoke (1979), as amended, the Planning Commission requests that the parcel of land, owned by the City of Roanoke, and bearing the Official Tax Map Number listed above, lying in the northeast quadrant of the City, be rezoned from RA, Residential Agriculture District, to LM, Light Manufacturing District. The City of Roanoke is also the owner of all properties adjoining the tract proposed to be rezoned. 3. It is submitted that the rezoning of the subject area will further the intent and the purpose of the City's zoning regulations and its comprehensive plan and will further the general welfare and good zoning practices by: (1) making the existing use of the subject property consistent with the proper zoning category; (2) ensuring that the subject property will be used in the future in a manner that will not negatively impact adjoining properties; and (3) facilitating preservation of the industrial character of the area. WHEREFORE, the Planning Commission of the City of Roanoke requests that the subject property be rezoned from RA, Residential Agriculture District, to LM, Light Manufacturing District, and that the City's zoning maps be amended accordingly. Respectfully submitted this 8th day of May 1997, ROANOKE CITY PLANNING COMMISSION Gilbert E. Butler, Jr. ~ Acting Chairman T ApPrRAISAL MAP CITY OF ROANOKE, VA. urr~ ~r --,,~ ~, Y N · ~ ...... ~ ~v. 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, June 4, 1997, 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 the City of Roanoke that property located within the Roanoke Centre for Indusuy and Technology in the northeast quadrant of the City, bearing Official Tax No. 7230302, and containing approximate 1.527 acres, be rezoned from RA, Residential Agricultural District to LM, Light Manufacturing District. 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, May 20, 1997 and Tuesday, May 27, 1997 Please bill: Roanoke City Office of Economic Development Room 353, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-2715 Please send affidavit to: Department of Planning and Community Development Room 162, Municipal Building 215 Church Avenue, S.W. Roanoke, VA 24011 (540) 853-1230 (fax) 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 11, 1997 File #15-110-304 Mr. Patrick B. Shumate 515-A Washington Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Shumate: At a regular meeting of the Council of the City of Roanoke held on Monday, July 7, 1997, you were reappointed as a member of the Youth Services Citizen Board for a term ending May 31,2000. Enclosed you will find a Certificate of your reappointment and an Oath or Affirmation of Office which may be administered by the Clerk of the Circuit Co.u. rt of the City of Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reappointed. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. Mr. Patrick B. Shumate July 18, 1997 Page 2 On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Youth Services Citizen Board. Sincerely, Mary F. Parker, CMC/ME City Clerk MFP:sm Eno. pc: Thomas H. Miller, Chair, Youth Services Citizen Board, 3429 Windsor Road, S. W., Roanoke, Virginia 24018 Marion Vaughn-Howard, Youth Coordinator Sandra H. Eakin, Deputy City Clerk COMMONWEALTH Of VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the seventh day of July, 1997, PATRICK B. SHUMATE was reappointed as a member of the Roanoke Arts Commission for a term ending May 31, 2000. Given under my hand and the Seal of the City of Roanoke this eighteenth day of July, 1997. City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke. Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy C y Clerk July 18, 1997 File #15-110-230 Ms. LuJean Bedard 933 Welton Avenue, S. W. Roanoke, Virginia 24015 Dear Ms. Bedard: At a regular meeting of the Council of the City of Roanoke held on Monday, July 7, 1997, you were reappointed as a member of the Roanoke Arts Commission for a term ending June 30, 2000. Enclosed you will find · Certificate of your reappointment and ,.n. O_ath .or.A..ffim2.a. tion' of Office which may be administered by the Clerk of the Circuit uoun ct tne ~lty cT Roanoke, located on the third floor of the Roanoke City Courts Facility, 315 Church Avenue, S. W. Please return one copy of the Oath of Office to Room 456 in the Municipal Building prior to serving in the capacity to which you were reappointed. For your information and pursuant to Section 2.1-341.1, Code of Virginia-(1950), as amended, I am enclosing copy of the Freedom of Information Act. Ms. LuJean Bedard July 18, 1997 Page 2 On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Roanoke Arts Commission. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Brook E. Dickson, Chair, Roanoke Arts Commission, 523 Highland Avenue, S. W., Roanoke, Virginia 24016 Shiela Cuadrado, Secretary, Roanoke Arts Commission Sandra H. Eakin, Deputy City Clerk COMMONWEALTH OF VIRGINIA ) ) To-wit: CITY OF ROANOKE ) I, Mary F. Parker, City Clerk, and as such City Clerk of the Council of the City of Roanoke and keeper of the records thereof, do hereby certify that at a regular meeting of Council held on the seventh day of July, 1997, LUJEAN BEDARD was reappointed as a member of the Roanoke Arts Commission for a term ending June 30, 2000. Given under my hand and the Seal of the City of Roanoke this eighteenth day of July, 1997. 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) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputs, Cit) Clerk July 18, 1997 File #110-317 Mr. William H Carder 2006 Stephenson Avenue, S. E. Roanoke, Virginia 24014 Dear Mr. Carder: At a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997, you were reappointed as a member of the Special Events Committee for a term ending June 30, 1998. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a member of the Special Events Committee. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. pc: Allen T. Wilson, Chair, Special Events Committee, 2317 Oakland Boulevard, N W., Roanoke, Virginia 24012 Shauna Hudson, Special Events Coordinator Sandra H. Eakin, Deputy City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 18, 1997 File #72-110 SANDRA H. EAKIN Deputy City Clerk Mr. Raleigh Campbell Reverend Frank W. Feather Ms. Bernice F. Jones Mr. Harold P. Kyle Mr. Alphonso McCain Mr. Glenn D. Radcliffe Dear Ms. Jones and Gentlemen: At a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997, you were reappointed as members of the Human Services Committee for terms ending June 30, 1998. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as members of the Human Services Committee. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Sandra H. Eakin, Deputy City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W. Room 456 Roanoke, Virginia 2401 l- 1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 July 18, 1997 File #110-394 SANDRA H. EAKIN Deputy City Clerk Ms. Beverly A. James Ms. Frances L. Keen Mr. George A. Kegley Reverend William L. Lee Ms. Sandra W. Ryals Ladies and Gentlemen: At a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997, you were reappointed as members of the Cultural Services Committee for terms ending June 30, 1998. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as members of the Cultural Services Committee. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: Sandra H. Eakin, Deputy City Clerk MARY F. PARKER, CMC/AAE City Clerk CITY OF ROANOKE OFFICE OF THE CITY CLERK 215 Church Avenue, S.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 ~ Fax: (540) 853-1145 July 18, 1997 File ~67-110 SANDRA H. EAKIN Deputy Ci{) Clerk The Honorable James O. Trout Ms. Mary E. Kepley Mr. Carl H. Kopitzke Mr. Jordan B. Peck, III Mr. G. Scott Shackelford Mr. Ralph K. Smith Mr. Barry L. Thomas Dear Ms. Kepley and Gentlemen: At a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997, you were reappointed as members of the Mill Mountain Advisory Committee for terms ending June 30, 1998. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as members of the Mill Mountain Advisory Committee. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc: 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.W., Room 456 Roanoke, Virginia 24011-1536 Telephone: (540) 853-2541 Fax: (540) 853-1145 SANDRA H. EAKIN Deputy City Clerk July 18, 1997 File g67-110 Ms. Betty Field 2802 South Jefferson Street Roanoke, Virginia 24014 Mr. Eddie Wallace, Jr. 3815 Sioux Ridge Road, N. W. Roanoke, Virginia 24017 Dear Ms. Field and Mr. Wallace: At a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997, you were appointed as members of the Mill Mountain Advisory Committee for terms ending June 30, 1998. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as members of the Mill Mountain Advisory Committee. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Eric. pc; Carl H. Kopitzke, Chair, Mill Mountain Advisory Committee, 4581 Oakland Boulevard, N. E., Roanoke, Virginia 24012 Lynnis B. Vernon, Secretary, Mill Mountain Advisory Committee Sandra H. Eakin, Deputy City Clerk H:',AGENDA.97~REAPPOIN.WPO 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) 853-2541 Fax: (540) 853-1145 July 18, 1997 File #110-293 SANDRA H. EAKIN Deputy City Clerk The Honorable James O. Trout 2102 Stephenson Avenue, S. W., Unit 18 Roanoke, Virginia 24014 Dear Mr. Trout: At a regular meeting of the Council of the City of Roanoke on Monday, July 7, 1997, you were reappointed as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors for a term ending June 30, 1998. For your information and pursuant to Section 2.1-341.1, Code of Virginia (1950), as amended, I am enclosing copy of the Freedom of Information Act. On behalf of the Members of City Council, I would like to express appreciation for your willingness to serve the City of Roanoke as a City representative to the Roanoke Valley Convention and Visitors Bureau Board of Directors. Sincerely, Mary F. Parker, CMC/AAE City Clerk MFP:sm Enc. pc; David L. Kjolhede, Executive Director, The Roanoke Valley Convention & Visitors Bureau, 114 Market Street, Roanoke, Virginia 24011-1402 Sandra H. Eakin, Deputy City Clerk