HomeMy WebLinkAboutCouncil Actions 07-24-89(~95~)
REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL
July 24, 1989
2:00 p.m.
AGENDA FOR THE COUNCIL
Call to Order -- Roll Call.
absent.
Vice-Mayor Fitzpatrick was
The invocation will be delivered by The Reverend Frank W.
Feather, Pastor, Forest Park Baptist Church. Present.
The Pledge of Allegiance to the Flag of the United States
of America will be led by Mayor Noel C. Taylor.
Presentation by the Mayor and Members of Council.
Mayor Taylor presented awards for financial reporting to
Mr. Joel M. Schlanger, Mr. Jesse A. Hall and Ms. Joyce Van
Houten.
BID OPENINGS
A. Bids for new fueling station at the Utility Lines site,
3447 Hollins Road, N. E.
One bid was referred to a cort~ittee composed of Messrs.
Garland, Chairman, Clark and Kiser for study, report
and recommendation to Council.
Bids for Williamson Road Storm Drain, Phase 2 -
Contract IB, Right Segment.
Three bids were referred to a cor~aittee composed of
Messrs. Garland, Chairman, Kiser and Clark for tabula-
tion, report and recommendation to Council.
CONSENT AGENDA (Approved 6-0)
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED
TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE
MOTION IN THE FORM LISTED BELOW. THERE WILL BE NO SEPARATE DIS-
CUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM WILL
BE REMOVCD FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
(i)
C-I
A con~nunication from Mayor Noel C. Taylor requesting an
Executive Session to discuss personnel matters relating to
vacancies on various authorities~ boards, commissions and com-
mittees 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
Executive Session to discuss personnel mat-
ters relating to vacancies on various
authorities, boards, commissions and com-
mittees appointed by Council, pursuant to
Section 2.1-344 (a) (1)~ Code of Virginia
(1950), as amended.
C-2
C-3
C-4
C-5
The City Manager requested an Executive Session to discuss
and consider a matter involving the acquisition and use of pro-
perty for public purposes, specifically the acquisition of a
building or interest therein for public use, pursuant to Section
2.1-344 (a) (3), Code of Virginia (1950), as amended.
The City Manager requested an Executive Session to discuss
the disposition of publicly held property, specifically a parcel
of land owned by the City of Roanoke Redevelopment and Housing
Authority, pursuant to Section 2.1-344 (a) (3), Code of Virginia
(1950), as amended.
A report of the City Manager with regard to the Jefferson
High School roof repairs.
RECOMmeNDED ACTION: Receive and file.
A covr~unication from Mr. Daniel E. Karnes, Chairman, Mental
Health Services of the Roanoke Valley Board of Directors, recom-
mending ratification of certain revisions to the Board's
By-Laws.
RECOMMENDED ACTION: Refer to the City Manager for study, report
and recommendation to Council.
Qualification of Mr. John D. Copenhaver as a member of the
Roanoke Public Library Board for a term of three years ending
June 30~ 1992.
RECOMMENDED ACTION: Receive and file.
Qualification of Mr. Richard L. Meagher as a member of the
Roanoke Arts Commission for a term of three years ending June
30, 1992.
RECOMMENDED ACTION: Receive and file.
(2)
C-6 Peery as a member of the
Commission for a term of
C-7
Qualification of Mr. Lewis W.
Personnel and Employment Practices
three years ending June 30, 1992.
RECOMMENDED ACTION: Receive and fi le.
Qualification of Messrs. Charles R. Saul and Stanley R.
Hale as members of the Economic Development Commission for terms
of three years each, ending June 30, 1992.
RECO~NDED ACTION: Receive and file.
REGULAR AGENDA
Hearing of Citizens Upon Public Matters: None.
Petitions and Cora'nunications:
A corr~unication from Mr. M. Caldwell Butler, Attorney,
representing St. John's Protestant Episcopal Church,
appealing a decision rendered by the Architectural
Review Board for denial of the request of the Church to
demolish an apartment building known as "Belvedere"
located at 15 Mountain Avenue, S. W., which building is
within boundaries of an area designated by Council as
H-l, Historic District.
Council instructed that the necessary Certificate of
Appropriateness be issued by the City of Roanoke.
2. A report of the Architectural Review Board with regard
to the above matter.
Received and filed.
A communication from the Roanoke City School Board recom-
mending appropriation of funds for certain school grants.
Adopted Ordinance No. 29682. (6-0)
A communication from the Honorable Donald S. Caldwell,
Commonwealth's Attorney, recommending acceptance of a
grant, in the amount of $32,250.00, from the State
Department of Criminal Justice Services, for a
Victim/Witness/Juror Program, for the period July, 1989
through June, 1990; and appropriation of funds
therefor.
Adopted Ordinance No. 29683 and Resolution No. 29684.
(6-0)
2. A report of the City Manager concurring in the above
recommendation of the Commonwealth's Attorney.
Received and filed.
(3)
A corr~unication from the Honorable W. Alvin Hudson,
City Sheriff, recommending execution of a grant
agreement with the Department of Criminal Justice
Services, not to exceed the sum of $67,670.00, in order
for the Sheriff's Department to adminisler a Drug
Testing of Pretrial Felons Program; and appropriation
of funds therefor·
Adopted Ordinance No. 29685 and Resolution No. 29686.
(6-0)
2. A report of the City Manager concurring in the above
recommendation of the City Sheriff.
Reports
ao
Received and filed.
of Officers:
City Manager:
Briefings: None.
Items Recommended for Action:
2e
A report recommending acceptance of a Delinquency
Prevention and Youth Development Act Grant from the
Department of Corrections, for the purpose of con-
tinuing coordinated planning and youth services program
implementation by the City's Office on Youth until June
30, 1990; and appropriation of funds therefor.
Adopted Ordinance No. 29687 and Resolution No. 29688.
(6-0)
A report recommending that Council authorize a revo-
cable license for the installation of two water quality
monitoring wells on Fire Station No. 13 property
located at 4330 Appleton Avenue, N. W.
Adopted Ordinance No. 29689 on first reading. (6-0)
A report recommending acceptance of a Local Government
Challenge Grant, in the amount of $5,000.00, from the
Virginia Commission for the Arts; and appropriation of
funds therefor·
Adopted Ordinance No. 29690 and Resolution No. 29691.
(6-0)
A report recommending authorization to execute an
agreement with the City of Roanoke Redevelopment and
Housing Authority for administration and implementation
of various community development activities.
Adopted Ordinance No. 29692. (6-0)
(4)
A report recorr~nending authorization to execute an
agreement with Total Action Against Poverty in the
Roanoke Valley, Inc., for cooperative administration of
the Emergency Home Repair Program, and for certain
individual contracts for grants under said program.
Adopted Ordinance No. 29693. (6-0)
A report recommending award of a contract to Honeywell,
Inc., in the amount of $29,541.00, for remodeling the
Fire Alarm System at the Roanoke Civic Center; and
appropriation of funds therefor.
Adopted Ordinance No. 29694 and Ordinance No. 29695.
(6-0)
A report recommending that the official name for the
City's Sports Complex be "Rivers Edge Sports Complex,"
and that the field within Victory Stadium be named
"McLelland Field."
Adopted Resolution No. 29696. (6-0, as amended.)
A joint report of the City Manager and the Director of
Finance recommending authorization to execute a
contract with David M. Griffith and Associates, Ltd·,
in an amount not to exceed $58,750.00, to perform a
Comprehensive User Fee study; and appropriation of
funds therefor.
Adopted Ordinance No. 29697 and Ordinance No. 29698.
(6-0)
b. City Attorney:
A report transmitting an Ordinance to amend Section
9-21 (b), Public Interview of Candidates, of the Code
of the City of Roanoke (1979), as amended~ in order to
provide that the interview of School Board candidates
will take place in an order deemed appropriate by the
Council.
Adopted Ordinance No. 29699 on first reading. (4-2,
Council Members Musser and Bowers voting no.) The
order of interviews will take place by drawing numbers
based on the number of persons to be accorded the
public interview.
6. Reports of Committees:
A report of the committee appointed to tabulate bids
received for construction of Williamson Road Storm Drain
and Sanitary Sewer, Phase 2, Contract IE, Lower Segment,
(5)
recommending award of a contract to Aaron J. Conner~
General Contractor, Inc., in the amount of $1,1757,504.50;
and appropriation and transfer of funds therefor. Council
Member Robert A. Garland, Chairman.
Adopted Ordinance No. 29700 and Ordinance Ho. 29701· (6-0)
Unfinished Business: None·
Introduction and Consideration of Ordinances and Resolutions:
Ordinance No. 29655, on second reading~ rezoning a tract of
land located on Mountain View Terrace, S. W., containing
1.52 acre, more or less, identified as Official Tax No.
1421501, from RM-i, Residential Multi-Familyp Low Density
District, and LM, Light Manufacturing District, to RM-2,
Residential Multi-Family, Medium Density District.
Adopted Ordinance No. 29655. (6-0)
Ordinance No. 29656, on second reading, rezoning the
eastern portion of a 1.04 acre tract of land lying near the
northwest intersection of Melrose Avenue, N. W., and
Country Club Drive, N. W., being the northern portion of
the lot formerly designated as Official Tax No. 2660502,
from RS-3, Residential Single-Family District, to C-1,
Office District.
Adopted Ordinance No. 29656. (6-0)
Ordinance No. 29657, on second reading, rezoning a tract of
land containing 1/4 acre, more or less, located at 1502
1504 Melrose Avenue, N. W., identified as Official Tax No.
2222408, from RM-2, Residential Multi-Family, Medium
Density District, to CN, Neighborhood Commercial District.
Adopted Ordinance No. 29657. (6-0)
Ordinance No. 29658, on second reading, rezon~ng a tract of
land lying on the southeast side of Peters Creek Road,
N. W., containing an aggregate of 5.682 acres~ being a por-
tion of Official Tax No. 6421205, and all of Official Tax
Nos. 6421203 and 6421204, from RS-3, Residential Single
Family, Medium Density District, to C-2~ General Commercial
District.
Adopted Ordinance No. 29658. (6-0)
Ordinance No. 29659, on second reading, authorizing the
temporary closure by barricade of Carlisle Avenue, S.
at its intersection with 16th Street, S. E., to close it to
through traffic.
Adopted Ordinance No. 29659. (6-0)
(6)
REVISED
Ordinance No. 29660, on second reading, rezoning property
located in the northeast quadrant of the City, containing a
combined total of 142 acres, more or less, and designated
as Official Tax No. 7170506 and 7170508, currently zoned
RS-3, Residential Single Family District, and Official Tax
Nos. 7220101, 7220103, 7230101, 7230201, and 7230301,
currently zoned RA, Residential Agricultural District, to
LM, Light Manufacturing District.
Adopted Ordinance No. 29660.
and Bowers voting no.)
(4-2, Council Members Musser
ge
Ordinance ~o. 29664, on second reading, authorizing the
proper City officials to enter into a lease agreement bet-
ween the City and the Greater Roanoke Transit Company for
use of City-owned property at 12th Street and Campbell
Avenue, S. E., for the Company's operations, maintenance
and administrative facilities.
Adopted Ordinance No. 29664. (6-0)
Ordinance No. 29680, on second reading, authorizing the
proper City officials to enter into a lease agreement bet-
ween the City and The Hertz Corporation for use of City-
owned property at .1302 Hunicipal Road, N. W., for said
corporation's maintenance, servicing and storage
facilities·
Adopted Ordinance No. 29680. (6-0)
Ordinance No. 29681, on second reading,
appropriate City officials to enter into
for a portion of the Muse Spring property
garage and shed structures to remain.
authorizing the
a lease agreement
to allow existing
Adopted Ordinance No. 29681. (6-0)
A Resolution reouesting continuation of the operation by
the State Police of a helicopter base at Virginia Tech
Airport in Blacksburg, Virginia, in order to serve the
needs of the New River Valley and other areas in Southwest
Virginia.
Adopted Resolution No. 29702. (6-0)
Motions and Miscellaneous Business:
Inquiries and/or comments by the ~ayor and members of City
Council·
Adopted Ordinance No. 29703 repealing Ordinance No. 29653,
adopted on Monday, June 26, 1989, relating to inclusion of
"prior government service" in the definition of "creditable
service" for members of the City of Roanoke Pension Plan.
(6-0)
(7)
10.
b. Vacancies on various authorities, hoards,
corr~nittees appointed by Council.
Reelected the following persons:
Mr. David H. Burrows - Crystal Spring
Ms. Vaunda Leftwich - Jefferson High
Ms. Dana B. Lee - Special Events Cor~nittee
Other Hearings of Citizens:
commissions and
Pumping Station
School Cor~nittee
(8)
July 11, 1989
The ~onorable Noel C. Taylor
Mayor
City of Roanoke
Drawer 1220
Roanoke, Virginia 24006
.,~% ~, '*~ '~. GOVERNMENT FINANCE
"'~" ~/~ 1,9, ~/:~-' OFFICERS ASSOCIATION
[,(~C) .;~4 ~' ~,2~/~ 1~ ,;, ,~ ~ ~HIGAN AVENUE
~ ~ ~. ~ ~,~ CH,~SO,LUNO,S~O~
Dear Mayor Taylor~
We are pleased to notify you that your comprehensive annual financial
report for the fiscal year ended June 30, 1988 qualifies for a
Certificate of Achievement for Excellence in Financial Reporting. The
Certificate of Achievement is the highest form of recognition in
governmental accounting and financial reporting, and its attainment
represents a significant accomplishment by a government and its
management.
When a Certificate of Achievement is awarded to a government, an Award of
Financial Reporting Achievement is also presented to the individual des-
ignated by the government as primarily responsible for its having earned
the certificate. Enclosed is an Award of Financial Reporting Achievement
for:
Jesse A. Hall, Admin. of City Accounting Services
The Certificate of Achievement plaque will be shipped under separate cover
in about ten weeks. We hope that you will arrange for a formal presenta-
tion of the Certificate and Award of Financial Reporting Achievement, and
that appropriate publicity will be given to this notable achievement. A
sample news release is enclosed. We suggest that you provide copies of it
to the local newspapers and radio and television stations. In addition,
enclosed is the 1988 Certificate Program results representing the most
recent statistics available.
We hope that your example will encourage other government officials in
their efforts to achieve and maintain an appropriate standard of excel-
lence in financial reporting. If you have any questions regarding this
matter, or if we may be of any further assistance, please do not hesitate
to contact us.
Sincerely,
GOVERNMENT FINANCE OFFICERS ASSOCIATION
Frederick G. Lantz
Assistant Director/Technical Services Center
FGL/ds
Enclosures
WASHINGTON OFFICE: SUITE 200 · 1750 K STREET NW · WASHINGTON DC. 20006 · 202/429-2750 · FAX 202/429-2755
NEWS RELEASE
RE: CITY OF ROANOKE
Is Awarded
HIGHEST AWARD IN FINANCIAL REPORTING
(Chicago)--The Certificate of Achievement for Excellence
Reporting has been awarded to:
CITY OF ROANOKE
GOVERNMENT FINANCE
OFFICERS ASSOCIATION
180 NORTH MICHIGAN AVENUE
SUITE 8O0
CHICAGO, ILLINOIS 60601
312;977-9700
FAX: 312/977-480~
in Financial
by the Government Finance Officers Association of the United States and
Canada (GFOA) for its comprehensive annual financial report (CAFR).
The Certificate of Achievement is the highest form of recognition in the
area of governmental accounting and financial reporting, and its
attainment represents a significant accomplishment.
When a Certificate of Achievement is awarded to a government, an Award
of Financial Reporting Achievement also is given to the individual
designated as primarily responsible for its having earned the certificate.
This Award of Financial Reporting Achievement has been presented to:
JESSE A. HALL, ADMIN. OF CITY ACCOUNTING SERVICES
The CAFR has been judged by an impartial panel to meet the high
standards of the program including demonstrating a constructive "spirit
of full disclosure" effort to clearly communicate its financial story
and motivate potential persons and user groups to read the CAFR.
The GFOA is a nonprofit professional association serving 11,500
government finance professionals. The association produces a variety of
technical publications in various fields of governmental finance, and
represents the public finance community in Washington, D.C. The
association provides numerous training opportunities, and conducts an
annual conference attended by 5,000 public finance professionals.
For more information, contact Fred Lantz at 312/977-9700.
WASHINGTON OFFICE: SUITE 200 · ~ 750 K STREET NW · WASHINGTON DC 20006 · 202/429-2750 · FAX: 202/429-2755
PRESENTATION OF THE CERTIFICATE OF ACHIEVEMENT PROGRAM AWARDS
The Certificate of Achievement for Excellence in Financial Reporting
is the highest form of recognition for state and local governments. The
Certificate program thereby advocates that recipients be formally recog-
nized for their outstanding accomplishments. If you would like a formal
presentation of your award, you should contact your Government Finance
Officers Association state representative. Your representative's
mailing address and phone number is as follows:
James D. Grisso
Deputy Finance Director
City of Roanoke
P.O. Drawer 1220
Roanoke, VA 24006
703/981-2822
Office of ii,eM ay or
July 24, 1989
The Honorable Vice-Mayor and
Members of Roanoke City Council
Roanoke, Virginia
Dear Mrs. Bowles and Gentlemen:
[ wish to request an Executive Session to discuss personnel
matters relating to vacancies on various authorities, boards,
corr~issions and committees appointed by Council, pursuant to
Section 2.1-344 (a) (I), Code of Virginia (1950), as amended.
Sincerely,
Noel C. Tayl~~'~
Mayor
NCT:se
Room 452 Municipal Building 215 Church Avenue. S.W Roanoke, Virginia 24011 ~703) 981-2444
'8~ ~] :~ I ? O~te~c~the CityManage~
July 24, 1989
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, Virginia
Dear Mayor Taylor and Council Members:
Subject: Jefferson High School Roof Repairs
At the City Council Meeting on Monday, May 22, 1989, the
Jefferson High School Committee made a report to Council in regard to
a feasibility study for the reuse of Jefferson High School. Along
with that report was a recommendation for immediate repair of the
Jefferson High School roof. This matter was referred to the City
Manager for study, report, and recommendation to Council.
During the 88-89 fiscal year, 7,100 square feet of the roof on
Jefferson High School was reroofed at a cost of $21,800. As part of
the appropriation for fixed asset maintenance in the FY 89-90 Budget,
it is anticipated that an additional 6,500 square feet will be
reroofed at an estimated cost of $18,500. In the opinion of City
Building Maintenance personnel, this will complete reroofing those
sections of Jefferson High School which are in immediate need of
repair.
Remaining portions of the roof on Jefferson High School will be
reroofed as the need arises and/or can be accomplished as part of the
overall building renovations.
Respec tfu!ly~ submitted,
W. Robert Herbert
City Manager
WPJ{:WFC:pr
CC:
The Honorable Beverly T. Fitzpatrick, Sr., Chairman,
Jefferson High School Committee
Mr. Richard A. Rife, Homer & Associates
Mr. William F. Clark, Director of Public Works
Room 364 Municipal Building 215 Church Avenue, S.W. Roonoke, Virginia 240 t I (703)981-2333
August
1989
Office of the City Cle~
File #22
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of a co,.,ianication from Mr. Daniel E. Karnes,
Chairman, Mental Health Services of the Roanoke Valley Board of
Directors, ,econo, ending ratification of certain revisions to the
By-Laws of the Doard, which eo,=nanication was before the Council
of the City of Roanoke at a regular meeting held on Monday,
July 24~ 1989.
On motion, duly seconded
referred to you for study,
and adopted, the cor~unication was
report and recorr~nendation to Council.
Sincerely, / )
Mary F. Pa~ke~, C~C
City Clerk
MFP:sw
~nco
Mr. Daniel E.
of Directors,
24016-4026
Ka,nes, Chairman, Mental Health Se,vices Board
301 Elm Avenue, S. W., Roanoke, Virginia
Room456 Munlcipc~ll~uildlng 21501urc~Ave~ue.S.W. Roanoke.'vlrg,nia2401'l (703)981-2541
M
FV
July 12, 1989
The Honorable Dr. Noel C.
Mayor, City of Roanoke
215 Church Ave., S. W.
Roanoke, Va 24011
Dear Mayor Taylor:
Taylor
At its regular meeting on June 22, 1989, the
Board of Directors of Mental Health Services of the
Roanoke Valley passed the enclosed revisions to our
Bylaws, which are being sent to you for your
ratification. These revisions are primarily to
include Craig County's membership on our Board. We
appreciate your timely response in adopting the
Resolution to establish Craig County as a member of
MHSRV. Additions to the currently approved By-
laws are underscored and deletions have been lined
through.
Our Board recommends ratification of the
changes in our Bylaws as required by Title 37.1
Chapter Ten of the Code of Virginia, and requests
they be placed on your agenda for consideration at
your next scheduled meeting.
If you have any questions about the changes or
need additional information, please contact Dr.
Fred P. Roessel, Jr., our Executive Director.
Thank you for your continued support of our efforts
to serve the residents of the Va]
Da '
.ey.
,~Chairman
of Directors
DEK:cd
Enclosures
cc: W. Robert Herbert, City Manager
Roanoke City Council
MEN]AL HEAt.]'H SERVICES OF ]'tie RO~\N()KE VAI.LF
EXECUTIVE OFFICES, 301 Elm Aven,,e, S.W., Roanoke. Virg a 24016-4026 - (703) 345-9811
Servin9 ~he Counties ot Botetourt and Roanoke and ~}n, Cities (~[ R~>anoke
BY'LAWS
for
MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY
ARTICLE I
ROANOKE VALLEYJ
The name shall be MENTAL HEALTH SERVICES OF THE
ARTICLE II PURPOSE
Section 1.' To provide a system of comprehensive
community mental health, mental retardation and substance abuse
services under local control.
Section 2. To relate and integrate existing and
planned programs.
Section 3. To assure quality service and
continuity of care in the areas of prevention, case finding,
consultation, diagnosis, treatment, care, training, prescreening,
case management, and rehabilitation by the establishment of new
programs under direct administration of the Mental Health
Services Board where current programs are non-existent or
inadequate, or by entering into affiliatory agreements with
agencies already providing services for the enhancement of those
services, or for the creation of such services.
Section 4. To provide continuing education to
the public, ongoing research, training of personnel and
evaluation of ongoing programs.
ARTICLE III MEMBERSHIP
Membership shall number f+fteen sixteen, with
three members f~em each from the Cities of Roanoke~lem and
the Counties of Botetour~d-'~%-anoke~ and one ~m~-~-om ~
~nty of Craig. ef tMe fe--~- ~u~4et~ Three members at
large areto be recommended by the Board and must be approved by
the feu~ five jurisdictions.
This Board shall represent the ~+ty ef Roamo~e~
the ~ty ef ~em~ the ~eu~ty ef Rea~e~e ae~ the Seu~ty ef
Beteteu~t Cities of Roanoke and Salem and the Counties of
Botetourt~ ~ and Roanoke who sh~ppoint Board members a~
shall noti~ Board of appointees. Term of office shall
be for three years from the first day of January of the year of
appointment. Terms of office will be staggered to provide that
a~ equa~ eum~e~ ef no more than six terms~ ene f~em eaeh
~u~et+en a~ eee at ~a~e, expire eae~ in a ~ year. Any
adjustment to the expiration date or c'o-~-r~n~ ~erms will be
accomplished by attrition through expiring terms or other
vacancies. Vacancies shall be filled for the unexpired term. No
person shall be eligible to serve more than two successive three
year terms, provided that persons heretofore and hereafter
1
appointed to fill vacancies may serve two additional successive
terms. Any member of the Board may be removed by the appointing
authority for cause, after being given a written statement of
the causes and an opportunity to be heard thereon.
ARTICLE IV
POWERS AND DUTIES
Section 1~ To serve as Board of Directors for
the Mental Health, Mental Retardation and Substance Abuse
Services program.
Section 2[ To be the sole recipient of local
tax funds to be matched by State and/or Federal funds for the
mental health, mental retardation and substance abuse services
programs and to have authority for the expenditure of all said
local tax funds allocated to it.
mental health,
and facilities,
community.
Section 3. To review and evaluate community
mental retardation and substance abuse services
both public and private, available to serve the
Section 4. To submit to the governing body or
bodies of each political subdivision, of which it is an agency, a
program of community mental health, mental retardation and
substance abuse services and facilities.
Section 5. Within amounts appropriated thereon,
execute, such program and maintain such services as may be
authorized under such appropriations.
Section 6. Enter into contracts for rendition
or operation of services or facilities.
Section 7. Make rules or regulations concerning
the rendition or operation of services and facilities under its
direction or supervision, subject to applicable standards or
regulations of the Department of Mental Health and Mental
Retardation.
Section 8. Appoint an executive director of
Mental Health Services whose qualifications meet the standards
fixed by the Department and prescribe his duties. The
compensation of such executive director shall be fixed by the
Board and within the amounts made available by appropriation
therefor. This executive director will be responsible directly
to the Mental Health Services Board for all aspects of programs
directly and indirectly under the purview of the Mental Health
Services Board.
Section 9. Prescribe a reasonable schedule of
fees for services provided by personnel or facilities under the
jurisdiction or supervision of the Board and for the manner of
collection of same; provided, however, that all collected fees
shall be deposited in a special account designated by the
2
political subdivision serving as fiscal agent as specified by
agreement of the participating governments; provided, further,
that such collected fees shall be used only for community mental
health, mental retardation and substance abuse purposes.
Section 10~ Accept or refuse gifts, donations,
bequests or grants of money or property from any source and
utilize the same as authorized by the political subdivisions of
which it is an agency.
Section 11. Seek and accept funds through State
and Federal grants and maintain a line of credit sufficient to
maintain the day-to-day operations of the programs under its
jurisdiction.
Section 12. Maintain and promote awareness
among the membership of a Board Orientation Manual.
ARTICLE V OFFICERS
Section 1. Officers of this Board shall be
Chairman, Vice Chairman, Secretary and Treasurer.
Section 2. The duties of the Chairman shall be:
a. To preside at all meetings of the Board and
the Executive Committee.
To appoint all committees deemed necessary
for the operation of the Board as authorized
by the Board.
c. To work closely with the Executive Director
and staff.
d. To perform any other duties determined by
the Board.
To keep the Commissioner of Mental Health
and Mental Retardation appropriately
informed of the activities of the Board.
Section 3. The Vice-Chairman shall, in the
absence of the Chairman, perform the duties of the Chairman and
any other duties assigned by the Board.
Section 4. The Secretary shall keep accurate
records of all meetings of the Board and the Executive
Committee. The Secretary shall send all notices of Board and
Executive Committee meetings and shall perform such other duties
as requested by the Chairman. The Secretary may delegate certain
duties and responsibilities to the paid staff of the Board
through the Executive Director.
Section 5. The duties of the Treasurer shall
include serving as Chairman of the Budget and Finance Committee.
ARTICLE VI
NOMINATIONS, ELECTION AND TERMS OF OFFICE
Section 1~ The Board shall elect its officers
at the last meeting preceding the new calendar year.
Section 2~ The term of office shall begin on
January i and shall be for one year. No officer may serve more
than two consecutive terms in the same office~ A majority of
those present and voting shall constitute an election.
Section 3. Any vacancy occurring in the
officers shall be filled by the Board.
ARTICLE VII MEETINGS
Section 1. Regular meetings shall be held at a
time to be determined by the Board.
Section 2. Special meetings may be called by
the Chairman or upon written request of three members.
Section 3. The quorum for all Board meetings
shall be f~ve six members, including the Chairman or Vice-Chairman.
Section 4. The Executive Committee shall meet
at the discretion of the Chairman.
Section 5. The quorum for all Executive
Committee meetings shall be a majority of the Committee.
ARTICLE VIII
EXECUTIVE COMMITTEE
Section 1. The elected officers of the Board
shall constitute the Executive Committee of which the Chairman
and Secretary shall be, respectively, Chairman and Secretary.
Representation of each jurisdiction shall be assured by the
appointment of a member to the Executive Committee when no
elected officer represents such jurisdiction.
Section 2. It shall be th'e duty of this
Committee to conduct the necessary business between meetings of
the Board. All actions taken are subject to ratification at the
next regular meeting of the Board.
Section 3. This Committee shall regularly
review programs either operated directly or through contractual
agreements to ensure the adequacy of service, conformance to
standards accepted, and make certain that community needs of
mental health, mental retardation and substance abuse are being
met.
Section 4. It shall be the duty of this
4
committee to conduct an annual evaluation of the Executive
Director for presentation to the full Board and to act for the
Board in contract negotiations with the Executive Director.
ARTICLE IX STANDING COMMITTEES
The Chairman of the Board and the Executive
Director will be ex-officio members of all committees to which
they are not specifically appointed.
There shall be the following standing
committees, whose function shall be advisory to the Board:
Section 1. Budget and Finance. This Committee
shall review the budgets, financial affairs and policies, and
audit reports of the agency and its subcontractors and make
recommendations to the full Board. In addition, it shall aid in
the presentation of budgets at various levels of governments.
Section 2. Community Relations. This
shall implement a program of information for the various
and governments and the public in conjunction with the
Director.
Committee
agencies
Executive
Section 3. Mental Retardation Committee. This
Committee will review community mental retardation programs and
make recommendations to the Board for the enhancement of mental
retardation services. In addition, this Committee will develop
long-range plans for mental retardation to present to the Board
for its consideration.
Section 4. Personnel Committee. The function
of this committee is to review and make recommendations to the
Board concerning personnel policies and guidelines.
Section 5. Mental Health Committee. This
Committee will review community mental health programs and make
recommendations to the Board for the enhancement of mental health
service. In addition, this Committee will develop long-range
plans for mental health to present to the Board for its
consideration.
Section 6. Nominating Committee. This
Committee will be appointed in time to make recommendations to
the Board with regard to a slate of prospective Board officers at
least thirty days prior to the end of each calendar year.
Section 7. Substance Abuse Committee. This
Committee will review community substance abuse programs and make
recommendations to the Board for the enhancement of substance
abuse service. In addition, this Committee will develop long-
range plans for substance abuse to present to the Board for its
consideration.
ARTICLE X
INDEMNIFICATION
Section 1. Mental Health Services of the
Roanoke Valley shall indemnify any person who was or is a party
or is threatened to be made a party to any threatened, pending or
completed action, suit or proceeding, whether civil, criminal,
administrative or investigative (including an action or suit by
or in the right of Mental Health Services of the Roanoke Valley
to procure a judgment in its favor) by reason of the fact that he
is or was a director or officer of Mental Health Services of the
Roanoke Valley, or is or was serving at the request of Mental
Health Services of the Roanoke Valley as a director or officer of
a corporation, partnership, joint venture, trust or other
enterprise, against judgments, fines, amounts paid in settlement,
and expenses (including attorneys' fees) actually and reasonably
incurred by him in connection with such action, suit or
proceeding except only in relation to any claim, issue or matter
as to which such person shall have been finally adjudged to be
liable for his gross negligence or willful misconduct. Each such
indemnity shall inure to the benefit of the heirs, executors and
administrators of such person.
Section 2. Any indemnity under subsection (1)
above shall (unless authorized by a court) be made by Mental
Health Services of the Roanoke Valley only as authorized in the
specific case upon a determination that the director or officer
was not guilty of gross negligence or willful misconduct in the
performance of his duty and, in case of a settlement, that such
settlement was, or if still to be made is, consistent with such
indemnity and the best interests of Mental Health Services of the
Roanoke Valley. Such determination shall be made (i) by the
Board of Directors by a majority vote of a quorum consisting of
directors who were not parties to such action, suit or
proceeding, or (ii) if such a quorum is not obtainable, or, even
i~d~l le~a~UO~n~ldi~nt~res ire r o
e w~t~n 8~n~o~. dir~ts't~
determination is to be made by the Board of Directors, it may
rely, as to all questions of law, on the advice of independent
counsel.
Section 3. Expenses incurred in defending an
action suit or proceeding, whether civil, administrative or
investigative, may be paid by Mental Health Services of the
Roanoke Valley in advance of the final disposition of such
action, suit or proceeding as authorized by vote of the persons
provided in subsection (2) of this section, upon receipt of an
undertaking by or on behalf of the director or officer to repay
such amount unless it shall ultimately be determined that he is
entitled to be indemnified by Mental Health Services of the
Roanoke Valley as authorized in this section.
Section 4. The right of indemnification
provided by this section shall not be exclusive of any other
rights to which any director or officer may be entitled,
including any right under policies of insurance that may be
6
purchased and maintained by Mental Health Services of the Roanoke
Valley or others, even as to claims~ issues or matters in
relation to which Mental Health Services of the Roanoke Valley
would not have the power to indemnify such director of officer
under the provisions of this section.
Section 5. Mental Health Services of the
Roanoke Valley may purchase and maintain at its sole expense
insurance against all liabilities or losses it may sustain in
consequence of the indemnification provided for in this section,
in such amounts and on such terms and conditions as the Board of
Directors may deem reasonable.
ARTICLE XI
CONSUMER INVOLVEMENT
It shall be the policy of this Board to
encourage, and be receptive to, consumer involvement. Meetings
of the Board shall be open to the public. Liaison with
identified consumer groups will be maintained to facilitate
optimum consumer involvement. Periodic reports (such as the
Mental Health Services of the Roanoke Valley Annual Report,
Newsletter, and evaluation reports) will be available to the
public, and copies distributed to appropriate consumer
organizations.
ARTICLE XII
ORIENTATION OF NEW BOARD MEMBERS
New members will receive a copy of all pertinent
Board and Agency orientation materials (by-laws, Program Service
Directory, etc.) as a means of familiarization of Mental Health
Services of the Roanoke Valley functioning. In addition,
individual orientation will be routinely provided to assist and
facilitate each new member's understanding of Board operation and
program service delivery.
ARTICLE XIII CONFLICT OF INTEREST
Whenever a Board member or Committee member has
cause to believe that a matter to be voted upon would involve him
in a conflict of interest, he shall comply with the provisions of
the Virginia Comprehensive Conflict of Interest Acts, Sections
2.1-599, et seq., 1950 Code of Virginia, as amended.
ARTICLE XIV Robert's Rules of Order, revised, shall govern
the Board in all cases to which they are applicable and in which
they are not inconsistent with these By-laws.
ARTICLE XV These By-laws shall be reviewed ~ by the
Board and may be amended at any ~-~gu--~-ar meeting of the Board--~
t~-~-6~-~-hi~ vote of those present and voting, notice having been
submitted in writing two weeks prior to the meeting, subject to
the approval of the participating governing bodies.
Adopted at a regular meeting of the Board
Date
By a vote.
Secretary
8
COUNTY ADMINISTRATOR
ELMER C HODGE
July 27, 1989
BOARD OF SUPERVISORS
LEE GARRETT CHAIRMAN
RICHARD W ROBERS. ViCE CHAIRMAN
BOB L JOHNSON
STEVEN A MCGRAW
Dr. Fred P. Roessel, Jr.
Executive Director
Mental Health Services of the Roanoke Valley
301 Elm Avenue, S.W.
Roanoke, Virginia 24016-4026
Dear Dr. Roessel:
Attached is a copy of Resolution No. 72589-8.a ratifying the
revisions to the By-laws of the Mental Health Services of the
Roanoke Valley. This resolution was adopted by the Board of
Supervisors at their meeting on Tuesday, July 25, 1989.
If you need further information, please do not hesitate to
contact me.
bjh
Attachment
cc: Clerk,
Clerk,
Clerk,
Clerk,
Clerk,
Sincerely,
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
City of Roanoke
Town of Vinton
City of Salem
Botetourt County
Craig County
P.O BOX 29800 o ROANOKE, VIRGINIA 24018 0798 - (703) 772-2004
AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS OF ROANOKE
COUNTY, VIRGINIA, HELD AT THE ROANOKE COUNTY ADMINISTRATION
CENTER ON TUESDAY, JULY 25, 1989
RESOLUTION 72589-8a RATIFYING THE
REVISIONS TO THE BY-LAWS OF THE MENTAL
HEALTH SERVICES OF THE ROANOKE VALLEY
BE IT RESOLVED by the Board of Supervisors of Roanoke
County, Virginia, as follows:
WHEREAS, Title 17.1 Chapter 10 of the Code of Virginia
requires ratification by the participating local governments of
any revisions to the by-laws of the Mental Health Services of the
Roanoke Valley, and
WHEREAS, on June 22, 1989, the Board of Directors of
the Mental Health Services of the Roanoke Valley passed revisions
to their by-laws; and
WHEREAS, the organization is now requesting that the
Roanoke County Board of Supervisors ratify these revisions as
required by the Code of Virginia.
THEREFORE, BE IT RESOLVED that the Board of Supervisors
of Roanoke County has reviewed the By-laws of the Mental Health
Services of the Roanoke Valley and ratifies the revisions passed
by the Board of Directors.
On motion of Supervisor Johnson, seconded by Supervisor
Nickens, and upon the following recorded vote:
AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett
NAYS: None
A COPY TESTE:
7/26/89
CC:
Mary H. Allen, Clerk
Roanoke County Board of Supervisors
File
Mental Health Services of the Roanoke Valley
Clerk, City of Roanoke
Clerk, Town of Vinton
Clerk, City of Salem
Clerk, Botetourt County
Clerk, Craig County
Mental Health Services File
C)~ce c~ ~ O~y Lged~
August 1, 1989
File #15-323
Ms. Beverly Bury
City Librarian
Roanoke, Virginia
Dear ~$. Bury:
· This is to advise you that Mr. John D. Copenhaver has qualified
as a member of the Roanoke Public Library Board for a term ending
June 30, 1992.
Sincerely,
Mary F. Parker, CMC
City Clerk
456 Muntcil:~ai Building 215, C~urch A~"lue. S.W Roanoke. ~rg,nia 240t '~ (703) 981-2541
Oafh or ~TTIrmal'lon of O'Ffice
8~ ot Virgin~. Oit~ o~ ]oa~ke. ~.~t:
, do solemnly swear (or a~) that
I will sup~ the Con,titution of the United $ta~,, ~d the Constitution of the State of Virginia. and that
I will faithfully and impa~ially discharge and ~rform all the duties incumbent u~n me ~
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this /;,~ .~_~]ay of ~_ / ~f ~
AuguSt 1, 1989
File #15°230
Mr. Timothy L. Samieson, Chairman
RoanOke Arts Cow~nissiOn
6857 Sugar Rum Ridge Road, S. W.
RoanOke, Virginia 24018
Dear Mr. Jamieson:
This is to advise you that Mr. Richard b. Meagher has qualified
as a member of the RoanOke Arts Con~nission for a term ending
June 30, 1992. ~~
Sincerely,
Mary F. Parke ,
City Clerk
C~,IC
MFP:sw
Roocn45~ Municl~palBol~lng 215C~urc~Av~ue S'W'R°anc~'Vircj~nia2A011 (703)q81-2~'41
0-2
Oath or Affirmati~fi ~6f' OffiCe
'89 ~! ~7 "~ :'°
~tatz of Virginia. Citf] o~ Roanoke. to.~vi~:
I, ., do solemnly swear (or affirm) that
will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
will faithfully and impartially discharge and perform all the duties incumbent upon me as
to
the best of my ability. So help me God.
i1~.,~.,~. ~ ~ ,~.~
- .... ,
Subscribed .nd sworn to before ri, e, this /.~-~5 _day of
Office cfi ~e City CIe~
August 1, 1989
File #15-202
Mro Frederick L. Butbino Chairman
Personnel and Employment Practices Commission
2820 Richelieu Avenue, S. Wo
Roanoke, Vi,ginia 24014
Dear ,~fr. BuIb in:
This is to advise you that M,o Lewis Wo Peery has qualified as a
me~e, of the Personnel and Employment P,aetices Commission for a
te,m ending June 30, 1992.
Sincerely, .~.~,..~
Ma~y F. Parke~, CMC
City Cle,k
MFP: sw
Room 456 Municil:x~l Building 215 C~urch Avenue. SW. Roano~,e. VJr'~llnJ~ 240t I (703) 98"1-254't
., do solemnly swear (or affirm) that
I will support the Constitution of the United States, and the Constitution of the State of Virginia, and that
I will faithfidly and impart/ally discharge and perform all thc duties incumbent upon me as
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this / 0/~_...;flay of C
0-2
Oath or Aff, rmefton-' of Office
sta~ ot V/,~n~a. Citu ol/~o~.o~, to.~: '89 ~'.. -7 ~ ~ :~ 2
I, Charles R. Saul
. do ~lemnly swear (or ~) ~at
I ~1 sup~rt the Constitution of the Unit~ S~tes, ~d the ~nstitution of ~e Stste of Virginia, ~d
I w~l faithfully ~d impa~ially discharge and ~rform all the duties incumbent u~n me aa
a Member o~ the Economic Development Co~ission, for a re~ o~ three years,
ending June 30, 1992.
according to the best of my ability. So help me God.
Subscribed and sworn to before me, this
Off~ce of tY, e CiW Clem
July 3~ 1989
File #450-15
Mr. Charles R. Saul
4602 Hazel Orive~ S. W.
Roanoke, Virginia 24018
Dear, Mr. Saul:
At a regular meeting of the Council of the City of Roanoke held
on Monday, June 26, 1989, you were reelected as a member of the
Economic Development Commission for a term of three years ending
June 30~ 1992.
Enclosed you will find a certificate of your. reelection and an
Oath or Affirmation of Office which may be administered by the
Clerk of the Circuit Court 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 reelected.
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 Info,mation Act.
Sincerely, "~
Mary F. Parker, CMC
City Cle~'k
MFP:ra
REELECT.38
Enco
pc: Mr. James O. Trout, Chairman, Economic Development Commission
Room 456 MunJci~lBuildi~ 215 ~urchAven~swr~gan~e~rg~nJo2~11 (703)981-2~I
CO~{MONWEALFH OF VIRGINIA )
) To-wit:
CITY OF ROANOKE )
I~ Mary F. Parker, City Cie~,k~ 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 26th day of June, 1989~ CHARLES R. SAUL was reelected as
a Member of the Economic Development Commission for a term of
three years~ ending June 30~ 1992.
Given under my hand and
3rd day of July, 1989.
the seal of the City of Roanoke this
City Clerk
Office of me C~ty Cied~
July 3, 1989
File #450-15
Mr. Stanley R. Hale
3442 Kershaw Road, N. lq.
Roanoke, Virginia 24017
Dear. Mr.. Hale:
At a regular meeting of the Council of the City of Roanoke held
on Monday, June 26, 1989, you were reelected as a member of the
Economic Development Corr~ission for' a term of three years ending
June 30, 1992.
Enclosed you will find a certificate of your' reelection and an
Oath or Affirmation of Office which may be administered by the
Clerk of the Circuit Court 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
itunicipal Building prior to serving in the capacity to which you
we~'e reelected.
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.
Sincerely, : ,./
~ary F. Parker, CMC
City Clerk
MFP:ra
REELECT.38
Enc.
pc: Mr.. James O. Trout, Chairman,
Economic Development
Commission
Room 456 MunicqDol Building 215 C~urch A~u~ SW ~noke Virginia 24011 (703) 98%2541
COMMONWEALTbl 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 26th day of June~ 1989~ STANLEY R. ftALE was reelected as
a Member of the Economic Development Commission for a term of
three years~ ending June 30~ 1992.
Given under' my hand and the seal of the City of Roanoke this
3rd day of July, 1989.
City Clet'k
Office of the City Cle~
August 1, 1989
File ~249
Mr. M. Caldwell Butler
Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Butter:
On Monday. July 24, 1989, the Mayo, and Members of the Roanoke
City Council heard your appeal of the Architectural Review
Boa,d~s decision of December 8, 1988, which denied the demolition
of a building located at 15 Mountain Avenue. S. W. After
discussion of the matter, which included revised plans and a
favorable advisory opinion f,om the A,chiteetu,ai Review Boa,d,
Council voted to ,eve,se the A,chitectu,al Review Boa,d's deci-
sion and grant a Certificate of App,opriateness fo, dsmotition of
the building.
The Certificate of Appropriateness is enctosed fo. your files. A
copy has been foewa,ded to M.. Ronatd H. Miller, Building
Cor~nissione,, for the pu,pose of issuing a demolition permit foe
the structure. Please contact M,. Milt., with regaed to the
demolition permit and compliance with pertinent regulations
regarding demolition of the building.
Ma,y F. Pa,ke,, CMC
City Clerk
MFP:sw
Enc.
pc: Mr. W.
1255 Keffield Street, N. W., Roanoke, Vi,ginia
M,. W. Robert He,bert, City Manage,
Mr. Witburn C. Dibting, l,., City Attorney
lit. William F. Cia,k, Director of Public Wo,ks
Mr. Ronald H. Mille,, Building Commission.,
Ms. Evelyn S. Gunte,, Secretary, A,chiteeturat
L. Whitwett, Chairman, Aechitectural Review Board,
24019
Review Board
Room 456 Municipol Building 215 (~urch Av~J, flue, S.W. Rc~noke, 'vlrg~nK3 24011 (703) 98t-254t
CITY OF ROANOKE
CERTIFICATE OF APPROPRIATENESS
No. 88-031
July 24~ 1989
On
appeal
1988~
Protestant
located at
this Certificate of
Episcopal Church
15 Mountain AYenue~
Monday, July 24~ 1989~ Roanoke City Council granted, on
of the Architectural Review Board decision of December 8,
Appropriateness to St. John's
for the demolition of a building
Given under my hand and the Seal of the City of Roanoke this
1st day of August in the year of our Lord, nineteen hundred and
eighty-nine.
Mary F. Parker, City Clsrk
~flce o~ ~ ~r~ ~et~
January 19, 198~
File #249
Mr. ~. Caldwell Butler
Attorney
P. O. Box 720
Roanoke, Virginia 24004-0720
Dear Mr. Butler:
! wish to acknowledge reoeipt of your oo..~nication, which was
received in the City Clerk,s Office on Friday, December 23, 1955,
on behalf of St. John's Protestant Episcopal Church to appeal a
decision rendered by the Arohitectural Review Board on Thursday,
December $, 1988, for denial of the request of your client to
demolish an apartment building known as "Belvedere", located at
15 lfountain Avenue, S. W., which is within boundaries of an area
designated by City Council ae B-l, Historic District.
Pursuant to your request, the petition will not be placed on the
agenda of the Roanoke City Council until I am other~vise advised
by you.
With kindest regards, I am
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
pc:
Mr. W. L. Whitwell, Chairman, Architectural Review Board,
1255 Keffield Street, N. W., Roanoke. Virginia 24019
Mr. Wilburn C. Dibling, Jr., City Attorney
Mro Steven Jo Talevi, Assistant City Attorney
Ms. Evelyn $. Gunter, Secretary, Architectural Review Board
Room456 Munlcil:~alBulk:llng 215~'tur~hA,~'~ue.$.W. Rcg~'g~.~.~rg~nia2~11 (703)~'81-2541
WOODS, ROGERS ~ HAZ'L~GBOVE
105 FRANKLIN ROAD, S.W. P.O. Box 7~O
(703) 982-4244
December 20, 1988
Ms. Mary Parker
Clerk of Roanoke City
215 W. Church Avenue
Roanoke, Virginia 24011
Dear Ms.
until
In Re: Petition For Appeal Of St. John's
Protestant Episcopal Church of Roanoke,
Vir~iniat to Architectural Review Board
Parker:
Enclosed please find Petition for Appeal in the above.
You are asked to withhold this item from your agenda
further request from the undersigned.
Thank you for your cooperation.
With kindest regards, I am
Very truly yours,
M~. ~alc~wel 1 Bu~ler
MCB/ak
Enclosure
cc: Mr.
Mr.
Ms.
John Whittle
Wilburn C. Dibling, Jr.
Evelyn S. Gunter
LAW OFFICES
WOODS, ROQERS
& HAZLEGROVE
ROANOKE, VA.
VIRGINIA:
IN THE MATTER OF
TRUSTEES OF ST. JOHN'S
PROTESTANT EPISCOPAL
CHURCH OF ROANOKE,
VIRGINIA
IN THE COUNCIL OF THE CITY OF ROANOKE
PETITION FOR
APPEAL
Episcopal
state:
1. This is an appeal from a decision of the
Architectural Review Board ("ARB") under Section 36.1-642(d) of
the Zoning Ordinance of the Code of the City of Roanoke.
2. Your Petitioners are the owners of a vacant
apartment building known as the "Belvedere", located at 15
Mountain Avenue, S.W. in the City of Roanoke, which is within
the boundaries of an area which the Council has designated as
H-1 (Historic District).
3. On December 8, 1988, the ARB for the City of
Roanoke denied application for a certificate under Section
36.1-327(b) of the Zoning Ordinance of the Code of the City of
Roanoke that it was appropriate to demolish the aforesaid
building.
A copy of letter from the Secretary of the ARB dated
December 9, 1988, is attached.
TO THE HONORABLE THE MAYOR AND COUNCIL OF THE CITY OF ROANOKE:
Your Petitioners, the Trustees of St. John's Protestant
Church of Roanoke, Virginia, would respectfully
4. Your Petitioners are aggrieved by the decision of
the ARB in that it interferes with the plans of St. John's
Church to expand its facilities in order to better serve its
members and the community.
WHEREFORE, your Petitioners request that the action of
the ARB be reversed and the certificate granted.
TRUSTEES OF ST. JOHN'S) JOHN M. WILSON, JR.
PROTESTANT EPISCOPAL ) E. GRIFFITH DODSON, JR.
CHURCH OF ROANOKE, ) WALTER M. DIXON, JR.
VIRGINIA: )
M. Caldwell Butler
WOODS, ROGERS & HAZLEGROVE
P. O. Box 720
Roanoke, Virginia 24004-0720
Telephone: (703) 982-4244
%- Of Counsel
- 2 -
December 9, 1988
Mr. John Whittle
Mountain Avenue Properties
821 Jefferson Street
Roanoke, VA 24011
Dear Mr, Whittle:
Subject:
Application for Certificate of Appropriateness
Dated 11/30/88, No. 88-31
On December 8, 1988, the Architectural Review Board of the
City of Roanoke, Virginia, considered your request to demolish
the structure at 15 Mountain Avenue, S.W. and your request for
a Certificate of Appropriateness was denied. The Board felt
the structure was significant to the Southwest Historic
District and its loss would be adverse to the district and to
Mountain Avenue. The Board further indicated that
consideration should be given to a more rectangular addition
versus an L-shaped one, thereby allowing for rehabilitation and
reuse of the subject structure.
If you are aggrieved by the Board's decisi0h, you have 30
days to appeal the decision to City Council. Please do not
hesitate to contact me if you have questions.
ESG:mpf
cc: Mr.
Mr.
Mr.
rely,
Evelyn S. Gunter, Secretary
Roanoke City Architectural Review Board
Wilburn C. Dibling, Jr., City Attorney
Ronald H. Miller, Zoning Administrator
Robert L. Rogers, AIA
Room 355 MumoDal Bu,lO,ng 215 Church Avenue S W Roonoke V,rg,ma 24011 (703 981 2344
July 24, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Honorable Mayor and Members of Council:
Subject:
St. John's Protestant Episcopal Church
Appeal of December 8, 1988
Architectural Review Board Decision
On July 20, 1989, Mr. M. Caldwell Butler discussed
revised plans for 'the expansion of St. John's Protestant
Episcopal Church with the Architectural Review Board, and
again advised of the church's desire to demolish the
structure at 15 Mountain Avenue, S. W. Mr. Butler
indicated that the church's prior application was premature
and that the new plans were more detailed.
After much discussion, the Board rendered an advisory
opinion for City Council's consideration that St. John's
Protestant Episcopal Church be allowed to demolish the
"Belvedere", located at 15 Mountain Avenue, S. W., on the
condition that the church proceed in a timely fashion with
the concept plans as presented to the Board on 7/20/89 or
plans of similar concept as approved by City Council.
(Five members voted in favor of the motion, Mr. Creasy
abstained and Mr. Jamieson was absent.)
The Board emphasized that they did not encourage the
demolition of buildings in the historic district, however,
the proposed demolition was a trade-off for a new element
on Mountain Avenue which would improve the area and retain
the integrity of the neighborhood. The Board felt that the
building proposed for demolition was not of unique
architectural significance and was of less importance to
Mountain Avenue than the adjoining buildings owned by St.
John's east to Jefferson Street. The Board strongly
encouraged the preservation and maintenance of these
structures, which are in the National Register Historic
District, but outside of the local H-2 Zoning District
where the Board has jurisdiction.
Room 355 Munic~pol Building 215 Church Avenue, S W. Roanoke, Virginia 24011 (703) 981-2344
Members of Council
Page 2
Mr. David Kunca, Mr. Geoff Seamans, and Mrs. Joel
Richert, all representatives and residents of Old
Southwest, spoke in opposition to the demolition. A
statement of opposition from the Board of Directors of Old
Southwest, Inc. was presented to the Board and is attached
for your review.
Respectfully submitted,
William L. Whitwell, Chairman
Architectural Review Board
CC:
Wilburn C. Dibling, Jr., City Attorney
M. Caldwell Butler, Attorney
Geoff Seamans, President, Old Southwest, Inc.
STAT~4]~T OF (]~qJSITIO~
TO ~ BY ST. J(]~'S
TO RA~ 140b~TAIN AV~. BUII~ING
Old Southwest, Inc., opposes the request
by St. John's Episcopal Church to raze
the building at 15 Mountain Avenue, SW.
The demolition of any contributing struc-
ture to the national historic district is
a matter of grave concern. This is
particularly true when the structure also
lies within the H-2 Neighborhood Preser-
vation District.
Indeed, the law is specific on this
point. According to Section 36.1-342 of
the City Code, the H-2 Neighborhood Pres-
ervation District is desired to
"[e]ncouraga the rehabilitation and con-
tinued use of existing buildin~ rather
than their demolition."
We of Old Southwest, Inc., fail to see
what benefit is gained by turning a con-
tributing structure to the historic dis-
trict into a parking lot. We fail to see
why the church needs to tear down a
building to get additional weekday park-
ing, when it already owns a parking lot
across Elm that is rented to All Right,
as well as two vacant lots near the cor-
ner of Mountain and First for which park-
lng lots are proposed.
According to the City Code, the Architec-
tural Review Board must find that certain
requirements are met before it can issue
a certificate of appropriateness for
demolition of a building within the H-2
District. We believe that the St. John's
request fails to measure up to these re-
quirements.
One requirement is that "Loss of the
structure would not be adverse to the
district ... by virtue of its sig-
nificance to the district." It seems ob-
vious to us that razing a three-story
contributing structure, to be replaced
with a parking lot, would be adverse to
the district.
Another requirement is that "Demolition
would not have an adverse effect on the
character and surrounding environment of
the district." Removing a building
that stands as a gateway to the H-2 dis-
trict, and stands across the street from
a row of contributing structures, clearly
would have an adverse effect on the char-
acter and surrounding environment of the
district.
The situation is a bit confusir~, due to
the way the H-2 line is drawn. The en-
tire block bounded by Jefferson, Moun-
tain, First end Elm is in the National
Historic District. 5ut only a portion
of the block, including the building at
15 Mountain, is under H-2 protection.
If considered in light of St. John's
plans for the entire block, however, wa
feel the demolition request still fails
to meet the requirements set forth in the
code.
First, the proposed expansion of the
church building into what's now a parking
lot along Elm Avenue does not require
demolition of the buildi~ on Mountain
Avenue. There is no inherent conflict
between expanding the ahurch on Elm and
preserving the building on Mountain.
Second, there is talk that the church is
considering the demolition of the three
apartment houses on the corner of Moun-
tain and Jefferson, which unfortunately
are not under H-2 protection. But to
consider the effect of their possible re-
moval is premature.
W~ belisve the building at 15 Mountmin
Avenue, even though it is vacant ar~ its
windows are boarded up, is a greater as-
set to the neighborhood than another
parking lot would be. Even better would
be its rehabilitation for housing, job
training or other productive uses.
If St. John's bas lost interest in the
building, let the request for demolition
be denied, and let the building be of-
fered for sale, at a fair m-~ket price,
for the time specified in the code.
Board of Directors
Old Southwest, Inc.
July 12, 1989
Roanoke City Architectural Review Board
July 18, 1989
Mayor Noel C. Taylor
and Members of City Council
Roanoke, Virginia
Honorable Mayor and Members of Council:
Subject:
St. John's Protestant Episcopal Church
Appeal of Architectural Review Board Decision
H-2, Neighborhood Preservation District
On December 8, 1988, the Roanoke City Architectural
Review Board heard the request of St. John's Church to
demolish the existing structure at 15 Mountain Avenue, S.W.
The Board voted to deny a Certificate of Appropriateness to
demolish the structure by a vote of 4-1 (Mr. Boynton voting
against the motion and Mr. Motley and Mrs. Goode, absent).
A copy of the Board's minutes from the 12/8/88 meeting and
a copy of a letter of denial dated 12/9/88 are attached for
your information. Also included is a copy of the original
application reviewed by the Board.
In summary, the Board felt that the structure was
significant to the National Register Southwest Historic
District and its loss would be adverse to the district and
to Mountain Avenue. The Board indicated that further study
should be given to the way the property could be developed.
In addition, consideration should be given to
rehabilitation and reuse of the subject structure. The
series of plans that were submitted to the Board were
conceptual, showing only general building size and
location. They did not sufficiently address questions that
the Board had relative to alternatives to demolition and
alternative placement of the proposed new development. No
plans were presented to the Board which illustrated the
design of new construction on the property.
The Board reviewed the request and made their decision
based on Section 36.1-348 of the Zoning Code of the City of
Roanoke, which sets forth the following requirements for
evaluating demolition in the H-2 District:
Loss of the structure would not be adverse to the
district or the public interest by virtue of its
uniqueness or its significance to the district.
Demolition would not have an adverse effect on
the character and surrounding environment of the
district.
Room 355 Municipal Building 215 Church Avenue, S W Roanoke, Virginia 240t 1 (703) 981 2344
Where demolition is in conjunction with a
proposed new use of the site, such use satisfies
the intent and standards of the H-2 District.
(The intent of the H-2 District regulations is to
encourage preservation, protection, and
enhancement of streetscapes, structures and areas
of architectural, historic or cultural
importance; to encourage the rehabilitation and
continued use of existing buildings rather than
their demolition; and to encourage new
construction or alterations which are compatible
with the existing scale and character of the
surrounding properties.)
At the request of Mr. M. Caldwell Bulter, counsel for
the Church, the Architectural Review Board will review
revised plans concerning the demolition at their meeting on
July 20, 1989. The Board's advisory opinion will be
transmitted to you as soon as possible for the appeal
hearing on July 24.
I trust that this information will provide you with
the necessary background to consider this appeal.
Respectfully submitted,.
Wll~Whitwell, Chairman
Architectural Review Board
WLW/esg
Attachments
cc:
Wilburn C. Dibling, Jr., City Attorney
M. Caldwell Butler, Attorney
Geoff Seamans, President, Old Southwest,
Inc.
Roanoke City Architectural Review Board
Page 4
December 8, 1988
There being no further discussion, Mr. Jamieson seconded
the motion to deny the request. The motion was approved
5-0.
Mr. Dibling advised Mr. Patrick that he could file an
appeal with City Council within 30 days, take down his
fence, or come back to the Board with revised plans for
the fence.
5. Request from St. John's Episcopal Church for ..
Certificate of ApPropriateness to raze the structur,.
located at 15 Mountain Avenue, S.W
Mr. Bob Rogers, representing St. John's, appeared before
the Board and presented plans for church expansion. He
said that his client eventually wanted to develop a family
life center and were currently reviewing different ideas.
He said that the church owned the apartment building at 15
Mountain Avenue. He said that the primary reason for the
expansion was to sort out and consolidate the existing
entrance to the church. He said that the apartment
structure was in the way and created a tight situation.
Mr. Rogers further discussed alternate plans, showing the
approximate placement of a new, two-story structure which
would house a dining area and office space. He also
showed the removal of the existing structure, the new
entrance on Mountain Avenue, the new parking area, and an
outdoor activity area.
Mr. Rogers noted that other details such as closing of the
alley and moving of utilities would have to be worked out.
Mr. John Whittle appeared before the Board and stated that
in the master plan for the church it was quite important
for them to know whether or not they could demolish and
dispose of the building.
Mr. Jamieson asked how the existing building could be used
as part of the master plan if razing were not approved.
Mr. Whittle said that the potential use would be as it is
now - an apartment house. He said there were 12
apartments in the building and would cost about $150,000
to bring the structure up to Code. He said that it was
not feasible for the church to operate the structure.
Mr. Rogers showed concepts that had been done which showed
leaving the building, but caused tight constraints as far
as access was concerned. He also noted there was a
problem with terrain.
Roanoke City Architectural Review Board
Page 5
December 8, 1988
Mr. Lee Wilhelm, representing St. John's, appeared before
the Board and said that the problem faced by St. John's
was that they felt very spread out and had poor access to
the level of the building for the handicapped and elderly.
He said that Elm Avenue posed some problem for
parishioners using the Church on weekdays. He said that
the church was trying to create a more accessible weekday
type atmosphere that would blend in with the neighborhood.
Mr. Geoff Seamans (President of Old Southwest) appeared
before the Board and stated the the Board of Old Southwest
had met concerning the matter. He said that the Board had
a lack of knowledge of the matter due to not knowing what
was proposed in the buildings place. He said that he had
inspected the property and felt that it was a significant
building. He said to approve the demolition of the
building would be opposed to the spirit and definition of
the H-2 overlay. He said that he believed the church
purchased this with the knowledge that it was in the H-2
district. He asked how Old Southwest could be assured
that the proposal would be constructed as presented once
the demolition permit was issued. He said that he was not
too impressed with what he had heard as far as the reason
for needing to tear down the building. He said that he
would be very perturbed about setting any precedent by
granting a property owner permission to demolish a
structure in the historic district simply because it would
make something a little more convenient.
Mr. Richard Dearing appeared before the Board and stated
he owned six buildings on Mountain Avenue and had a number
of properties in the H-2 district. He said he had toured
the building and he would certainly hope that the building
were demolished.
Joel Richert stated that Old Southwest had only received
notification of the request at the Board meeting last
Thursday evening. She said that she saw alternatives for
the site She said that she would like a tour of the
inside of the building.
Mr. Jamieson asked if the building were in a bad state of
repair.
Mr. Richard Dearing said that his personal opinion was
that the church would be able to save some of the
buildings, but the one proposed to be torn down was an
ugly brick box, which was basically "shot." He said he
did not see any architectural significance at all.
Mr. Whitwell asked the petitioner if he had exhausted all
possibilities in obtaining the piece of property that was
not owned by the church.
Roanoke City Architectural Review Board
Page 6
December 8, 1988
Mr. Wilhelm said that the church had made offers to the
property owner for purchase on several occasions. He said
that the church was in negotiations at different stages
with other property owners but had not been able to obtain
the property. He said that even if other property were
purchased, the entrance problem would not be remedied.
Mr. David Kunsa appeared before the Board and stated he
would hate to see permission given to raze something
before knowing what would go in its place. He said it
would be nice to see plans.
Mr. Whitwell said he disagreed slightly with Dick
Dearing's comments. He said that the apartment house was
a part of the 20th century which related to the
streetscape. Mr. Whitwell also discussed a court case in
New York similar to the application in question.
Mr. Boynton said that he believed that the block in which
the lot in question was located was in a historically
zoned area. He said that the whole block could become
business and he did not think that would be too bad. He
said that unless the Board had a building of real
architectural value, the decision was very difficult. He
said that the question was whether the Board was going to
hold back business and operations or needs of the church
when a piece of property was adjacent to business
activities.
Mr. Jamieson said he felt this was a transitional area.
He said that his hope was that resources would be
sufficient enough that the building could be made to work
into the plans.
Mr. Meagher said that he felt a rectangular, instead of an
"L" shaped building could be made to work on the site. He
said that all the board had were plot plans and he was not
entirely in favor of removing the building.
Mr. Creasy said that the building was an introduction into
the Old Southwest area. He said that the building was
tall and belonged on the site.
Mr. Meagher asked how important the rear porches were to
the structure.
Mr. Whittle said that if they were going to renovate the
structure, the porches would come off.
Mrs. Gunter advised the Board they should review the
regulations governing demolition and read the findings
that the Board must make to issue a Certificate of
Appropriateness.
Roanoke City Architectural Review Board
Page 7
December 8, 1988
Mr. Jamieson said that the structure was very relevant to
the area and he did not feel alternatives for utilizing
the property had been adequately studied. He indicated
his concern for tearing down the structure for convenience
and moved to disapprove the request.
The motion was seconded by Mr. Meagher and approved 4-1
(Mr. Boynton voting against the motion).
There being no further business, the meeting was adjourned
at 5:10 p.m.
December 9, 1988
Mr. John Whittle
Mountain Avenue Properties
821 Jefferson Street
Roanoke, VA 24011
Dear Mr. Whittle:
Subject: Application for Certificate of ApPropriateness
Dated 11/30/88, No. 88-31
On December 8, 1988, the Architectural Review Board of the
City of Roanoke, Virginia, considered your request to demolish
the structure at 15 Mountain Avenue, S.W. and your request for
a Certificate of ApPropriateness was denied. The Board felt
the structure was significant to the Southwest Historic
District and its loss would be adverse to the district and to
Mountain Avenue. The Board further indicated that
consideration should be given to a more rectangular addition
versus an L-shaped one, thereby allowing for rehabilitation and
reuse of the subject structure.
If you are aggrieved by the Board's decisiOn, you have 30
days to appeal the decision to City Council. Please do not
hesitate to contact me if you have questions.
S~rely,
Evelyn S. Gunter, Secretary
Roanoke City Architectural Review Board
ESG:mpf
cc: Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Ronald H. Miller, Zoning Administrator
Mr. Robert L. Rogers, AIA
Room 355 ~umc,par gu~Jd~ng 215 Church Avenue S W RoanoKe V~rg,n,a 24011 (703} 981-2344
CITY OF ROANOKE, VIRGINIA
APPLICATION FOR CERTIFICATE OF APPROPRIATENESS
Application is hereby made to the Architec:urai Review Board of the City
of Roanoke, Virginia, for a Certificate of Appropriateness to make the
modifications or improvements described below to the property or
properties in the H-2, Neighborhood Preservation District, in the City of
Roanoke.
1. Name of
applicant: St. John's Episcopal Church, Roanoke, VA
2. Doing business as (if
applicable): Mountain Avenue Properties
3. Address of Applicant:
821 Jefferson Street, Roanoke, VA 24011
(Church)
4. Telephone (office): 343-9361 (home): N/A
Chairman - John P. Whittle 343-8004 "
5. Location (address) of property or properties for which the
Certificate of Appropriateness is requested:
15 Mountain Avenue Roanoke, VA
6. Name and address of owners of the lots or property immediately
adjacent thereto, immediately adjacent to the rear thereof, and
those directly opposite thereto (attachment on a separate sheet):
St. John's Church owns all adjacent lots
7. General description of each modification or improvement:
See Attached
Will these modifications or improvements be visible from any public
streets, alleys, or rights-of-way? Yes, all
If yes, have you attached all drawings, materials, samples and
other items required by Architectural Review Board guidelines with
this application? Drawings are to be presented at the December
8, 1988 meeting.
(continued)
10.
11.
Is there an application relevant to this property and the subject
modifications or improvements pending or contemplated before the
Board of Zoning Appeals, City Planning Commission or City Council?
No If so, specify:
Who will represent applicant before the Architectural Review Board
(representatives should have authority to commit applicant to make
changes that may be suggested or required by the Board)?
Name: Mr. Robert L. Rogers AIA
Title or relationship to applicant:
Address: 2807 South Main Street,
Architect
Suite 220, Blacksburg, VA
(zip code)
Telephone: (703) 552-1300
24060
Signature of
Mountain Av/enuE
by John P. Wh~
Signature:
Name (Print
proper t i~. s
~~an
Signature of applicant or agent:
(where applicable)
Signature:
Name (Print or type):
TO BE COMPLETED BY ARB STAFF ONLY:
Received by: ~'~, C7~0~,~'
Tax No.
Forwarded to ARB members on
Historic District Name:
by
7. General de~-~iption of each modificatio~ or improvement:
We wish to raze the building, for the following:
1. The building would take approximately $150,000 to bring up to
standard, which along with the current mortgage makes it
economically unfeisable.
More importantly, the Church is in the process of making a
master plan which contemplates the use of said lot for new
buildings and improvements related to our Church expansion·
In the meantime, the building is a nuisance and hazard to the
neighborhood. We have been unable to keep vandals and/or
burglars out of the building, and we are vet f
what might ultimately7 occur S ..... Y earful of
~ ~ ~ J · ~een prop~e nave also been in
the ouizding and have set fires which fortunately have not
caught. We feel that serious loss of pronert or
imminent. = y life are
August 1, 1989
File #60-467-236
Mr. Joel M. Schtanger
Directo, of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 29682 amending and reor-
daining certain sections of the 1989-90 General and Grant Funds
Appropriations, providing for the app,opriation of funds for cer-
tain school grants. Ordinance No. 29682 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
Since.ely,
Mary F. Parker, CMC
City Clerk
MFP:sw
Enco
pc: Mr. W. Robert He,be,t, City Manager
Mr. James M. Turner, Jr., Chairman, Roanoke City School
Board, P. O. Bo~ 1020, Salem, Virginia 24153
Dr. Frank P. Tota, Superintendent of Schools, P. O. Box
13145, Roanoke, Virginia 24031
Mr. Richard L. Kelley, Executive for Business Affairs and
Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031
Room456 Municip~lBuildlng 21§ChurchAve~ue.S.W.R~:~noke. Virglnia2401't (703)981-254,1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of July, 1989.
No. 29682.
AN ORDINANCE tO amend and reordain certain sections of
the 1989-90 General and Grant Funds 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 1989-90 General and Grant
Funds Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Appropriations
Education
Instruction (1) .....
Grant Fun~
Appropriations
Education
Child Development Clinic (3-10) ....................
Child Specialty Services (11-18) ...................
Juvenile Detention Home (19-26) ....................
Governor's School 1989-90 (27-61) ..................
Revenue
Education
Child Development Clinic (62) ......................
Child Specialty Services (63) ......................
Juvenile Detention Home (64) .......................
Governor's School 1989-90 (65-67) ..................
$59,208,488
44,332,082
552,307
$15,226,340
48,530
60,521
35,802
655,000
$15,226,340
48,530
60,521
35,802
655,000
t Tuition
2 Transfer to Grant
Fund
3 Educ. Coordinator
4 Social Security
5 State Retirement
6 Health Insurance
7 State Group Life
Insurance
8) Indirect Costs
9) Travel
10) Instr. Supplies
11) Educ. Coordinator
12) Social Security
13) State Retireraent
14) Health Insurance
15) State Group Life
Insurance
16) Indirect Costs
17) Travel
18) Instr. Supplies
19) Educ. Coordinator
20) Social Security
21) State Retirement
22) Health Insurance
23) State Group Life
Insurance
24) Indirect Costs
25) Travel
26) Instr. Supplies
27) Teachers
28) Social Security
29) State Retirement
30) Health Insurance
31) State Group Life
Insurance
32) Local Travel
33) Conference Travel
34) Field Trips
35) Textbooks
36) Director
37) Clerical
38) Social Security
39) State Retirement
40) Health Insurance
41) State Group Life
Insurance
42) Part-Time Teach.
43) Service Contracts
44) Printing
45) Purchased Srvcs.
46) Tuition
47) Local Travel
(001-060-6001-6307-0382)
(001-060-6005-6999-0911)
(035-060-6574-6554-0138)
(035-060-6574-6554-0201)
(035-060-6574-6554-0202)
(035-060-6574-6554-0204)
(035-060-6574-6554-0205
(035-060-6574-6554-0212
(035-060-6574-6554-0551
(035-060-6574-6554-0614
(035-060-6575-6554-0138
(035-060-6575-6554-0201
(035-060-6575-6554-0202
(035-060-6575-6554-0204
035-060-6575-6554-0205'
035-060-6575-6554-0212
035-060-6575-6554-0551
035-060-6575-6554-0614
035-060-6576-6554-0138
035-060-6576-6554-0201
035-060-6576-6554-0202
035-060-6576-6554-0204
035-060-6576-6554-0205)
035-060-6576-6554-0212)
035-060-6576-6554-0551)
035-060-6576-6554-0614)
035-060-6951-6107-0121)
035-060-6951-6107-0201)
035-060-6951-6107-0202)
035-060-6951-6107-0204)
(035-060-6951-6107-0205)
(035-060-6951-6107-0551)
(035-060-6951-6107-0554)
(035-060-6951-6107-0583)
(035-060-6951-6107-0613)
(035-060-6951-6307-0114)
(035-060-6951-6307-0151)
(035-060-6951-6307-0201)
(035-060-6951-6307-0202)
(035-060-6951-6307-0204)
(035-060-6951-6307-0205
(035-060-6951-6307-0321
(035-060-6951-6307-0332
(035-060-6951-6307-0351
(035-060-6951-6307-0381
(035-060-6951-6307-0382
(035-060-6951-6307-0551
$(169,000)
169,000
35,451
2,687
5,527
980
362
1,773
1,300
450
44,733
3,391
6,974
980
456
2,237
1,300
45O
26,412
2,002
4,118
980
269
1,321
2OO
50O
357,482
27,097
52,868
12,740
3,646
420
2,700
2,250
4,020
50,816
15,141
5,000
10,283
1,960
673
3,400
3,000
1,020
5,350
6,325
500
48) Conference Travel
49) Evaluation
50) Inservice
51) Library Materials
52) Instr. Supplies
53) Equipment
54) Custodian
55) Social Security
56) City Retirement
57) Health Insurance
58) State Group Life
Insurance
59) Utilities
60) Telecommunica-
tions
61) Maint. Supplies
62) State Grant
Receipts
63) State Grant
Receipts
64) State Grant
Receipts
65) State Grant
Receipts
66) Local Match
67) Fees
035-060-6951-6307-0554
035-060-6951-6307-0584
035-060-6951-6307-0587
035-060-6951-6307-0613
035-060-6951-6307-0614
035-060-6951-6307-0802
035-060-6951-6681-0192
035-060-6951-6681-0201
035-060-6951-6381-0203
035-060-6951-6381-0204
1,000
1,500
1,500
350
32,850
6,345
12,809
971
1,614
98O
(035-060-6951-6381-0205) 131
(035-060-6951-6381-0511) 14,711
(035-060-6951-6361-0523) 6,414
(035-060-6951-6381-0608) 7,134
(035-060-6574-1100) 48,530
(035-060-6575-1100) 60,521
(035-060-6576-1100) 35,802
(035-060-6951-1100)
(035-060-6951-1101)
(035-060-6951-1103)
250,000
169,000
236,000
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
July 24, 1989
TO:
FROM:
SUBJECT:
Honorable Mayor and Members of City Council
Joel M. Schlanger
School Board Request For the Appropriation of Grant
Funds
I have reviewed the attached request to appropriate
grant funding for the School Board. The Child Development Clinic
program, Child Specialty Services program, and Juvenile Detention
Home program are 100% state funded. The Governor's School
program is supported by state funding, fees, and a local match of
$169,000. Funding for the local match is available in the
Instruction category of the Education portion of the General
Fund budget (account number 001-060-6001-6307-0382 - Tuition).
I recommend that you concur with this request of the
School Board.
JMS/kp
Attachment
'~m James M. Turner, Jr., Chairman
Sallye T. Coleman, Vice Chailman
Donald 8artol
Roanoke
City Sd ool Board
Martlyn C. Curtis
Ecfluin R. Feinour
Velma B. Seif
William White, Sr.
Frank P. Tota, Superintendent
Richard L Kelley, Clerk of the Board
P.O Box 13105. Roanoke, Virginia 24031 · 703-981-~381
July 13, 1989
The Honorable Noel C. Taylor, Mayor
and Members of Roanoke City Council
Roanoke, VA 24011
Dear Members of Council:
As the result of official School Board action at its meeting of July 12,
1989, the School Board respectfully requests City Council to appropriate
funds for the following school grants:
Grant No. 6574-
$48,530.00 for the Child Development Clinic program to
provide funds for the salary and expenses of the
educational coordinator at the clinic. The expenses
for the program are one hundred percent reimbursed
by state funds.
Grant No. 6575-
$60,521.00 for the Child Specialty Services program to
provide funds for the salary and expenses of the
educational coordinator. The expenses for the
program are one hundred percent reimbursed by state
funds.
Grant No. 6576-
$35,802.00 for the Juvenile Detention Home program to
provide funds for the salary and expenses of the
educational coordinator at the detention home. The
expenses for the program are one hundred percent
reimbursed by state funds.
Grant No. 6951-
$655,000.00 for the 1989-90 Governor's School program
to provide instruction in science and math to high
school students. The program will be siJpported by
state funds and tuition collected from participating
school districts.
Excellence in Education
Members of Council
Page 2
July 13, 1989
rg
CC:
The School Board appreciates the approval of this request.
Clerk of the Board and
Executive for Business Affairs
Mr. James M. Turner, Jr.
Dr. Frank P. Tota
Mr. William L. Murray, Jr.
Mr. Kenneth F. Mundy, Jr.
r. W. Robert Herbert
r. Wilburn C. Dibling
r. Joel M. Schlanger (with accounting details)
RO~O~ CITY SCHOOh BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Child Development Clinic 1989-90
6574
035-060-6574-6554-0138
035-060-6574-6554-0201
0353060-6574-6554-0202
035-060-6574-6554-0204
035-060-6574-6554-0205
035-060-6574-6554-0212
035-060-6574-6554-055i
035-060-6574-6554-0614
Appropriation Unit ZSE
Educational Coordinator
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Indirect Costs
Travel
Instructional Supplies
35,451.00
2,687.00
5,527.00
980.00
362.00
1,773.00
1,300.00
450.00
$ 48,530.00
035-060-6574-1100
State Grant Receipts
$ 48 530.00
The Child Development Clinic program provides 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, 1989
through June 30, 1990.
July 12, 1989
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
APPROPRIATION REQUEST
Child Specialty Services 1989-90
6575
O35-O60-6575-6554-0138
O35-060-6575-6554-0201
035-060-6575-6554-0202
035-060-6575-6554-0204
035-060-6575-6554-0205
035-O60-6575-6554-0212
O35-060-6575-6554-O551
035-O60-6575-6554-O614
Appropriation Unit Z5F
Educational Coordinator
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Indirect Costs
Travel
Instructional Supplies
44,733.00
3,391.00
6,974.00
980.00
456.00
2,237.OO
1,300.00
450.00
$ 60~521.00
035-060-6575-1100
State Grant Receipts
The Child Specialty Services program provides 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, 1989 through June
30, 1990.
July 12, 1989
RO~iOKE CITY SCHOOL
Roanoke. Virginia
APPROPRIATION REQUEST
Juvenile Detention Hone 1989-90
6576
035-060-6576-6554-0138
035-060-6576-6554-0201
035~060-65~6-6554-0202
035-060-6576-6554-0204
035-060-6576-6554-0205
035-060-6576-6554-0212
035-060-6576-6554-0551
035-060-6576-6554-0614
Appropriation Unit ZSG
Educational Coordinator
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Indirect Costs
Travel
Instructional Supplies
26,412.00
2,002.00
4,118.00
980.00
269.00
1,321.00
200.00
500.00
$ 35~802,00
035-060-6576-1100
State Grant Receipts
$ 35,802.00
The Juvenile Detention Home prograa provides funds for the salary and expenses
of the educational coordinator at the detention home. One hundred percent of
expenses are reimbursed by state funds. The program will operate July 1, 1989
through June 30, 1990.
July 12, 1989
ROANOKE CITY SCHOOL BOARD
Roanoke, Virginia
035-060-6951-6107-0121
035-060-6951-6107-0201
035-060-6951-6107-0202
035-060-6951-6107-0204
035-060-6951-6107-0205
035-060-6951-9107-0551
035-060-6951-6107-0554
035-060-6951-6107-0583
035-060-6951-6107-0613
035-060-6951-6307-0114
035-060-6951-6307-0151
035-060-6951-6307-0201
035-060-6951-6307-0202
035-060-6951-6307-0204
035-060-6951-6307-0205
035-060-6951-6307-0321
035-060-6951-6307-0332
035-060-6951-6307-0351
035-060-6951-6307-0381
035-060-6951-6307-0382
035-060-6951-6307-0551
035-060-6951-6307-0554
035-060-6951-6307-0584
035-060-6951-6307-0587
035-060-6951-6307-0613
035-060-6951-6307-0614
035-060-6951-6307-0802
035-060-6951-6681-0192
035-060-6951-6681-0201
035-060-6951-6381-0203
035-060-6951-6381-0204
035-060-6951-6381-0205
035-060-6951-6381-0511
035-060-6951-6381-0523
035-060-6951-6381-0608
Appropriation Unit Z9D
035-060-6951-1100
035-060-6951-1101
035-060-6951-1103
APPROPRIATION REQUEST
Governor's School 1989-90
6951
Teachers
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Local Travel
Conference Travel
Field Trips
Textbooks
Director
Clerical
Social Security
State Retirement
Health Insurance
State Group Life Insurance
Part-Time Teachers
Service Contracts
Printing
Purchased Services
Tuition
Local Travel
Conference Travel
Evaluation
Inservice
Library Materials
Instructional Supplies
Equipment
Custodian
Social Security
City Retirement
Health Insurance
State Group Life Insurance
Utilities
Telecommunications
Maintenance Supplies
State grant Receipts
Local Match
Fees from other School Divisions
$ 357,482.00
27,097.00
52,868.00
12,740.00
3,646.00
420.00
2,700.00
2,250.00
4,020.00
50,816.00
15,141.00
5,000.00
10,283.00
1,960.00
673.00
3,400.00
3,000.00
1,020.00
5,350.00
6,325.00
500.00
1,000.00
1,500.00
1,500.00
350.00
32,850.00
6,345.00
12,809.00
971.00
1,614.00
980.00
131.00
14,711.00
6,414.00
7,134.00
$ 250,000.00
169,000.00
236,000.00
$ 655r000.00
The 1989-90 Oovernor'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 001-060-6001-6307-0382. The
program will end June 30, 1990.
July 12, 1989
Office of ~e City C"}er~
August 1, 1989
File #236-133-502
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear ~r. Herbert:
I am attaching copy of Resolution No. 29684 authorizing accep-
tance of Grant No. 89-A6821 made to the City of Roanoke by the
State Department of Criminal Justice Sec'vices fo, a Victim/
Witness~Juror' Program, in the amount of $32,250.00, for fiscal
year 1989-90, with a local cash match of $20,072.00, and
authorizing execution and filing of the conditions of the g~'ant
and other grant documents. Resolution No. 29684 was adopted by
the Council of the City of Roanoke at a ~'egutar meeting held on
Monday, July 24, 1989.
Sincerely, ~l~t.~/.~.~
Mary F. Pa~'ke~', CMC
City Clerk
MFP:sw
Enc.
pc:
The Honorable Donald S. Caldwell, Cor~nonwealthts Attorney
Ms. Ma,y Ann Myers, Victim-Witness Coordinator
Mr. Joel M. Sch!anger~ Di.ector of Finance
Mr. George C. Snead, Jr.~ Director of Administration and
Pubtic Safety
Roor'n456 MunicipalBuildlng 21D(~urchAve~ue.S.WRoano~e.'virg~nia2,4011 (703)981-2541
IN TH~. COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of July, 1989.
No. 29684.
A RESOLUTION authorizing the acceptance of Grant No. 89-A6821
made to the City of Roanoke by the State Department of Criminal
Justice Services for a Victim/Witness/Juror Program and authoriz-
ing the execution and filing by the City Manager of the conditions
of the grant and other grant documents.
BE IT RESOLVED by the Council of the City of Roanoke as
follows:
1. The City of Roanoke hereby accepts the offer made by the
State Department of Criminal Justice Services of Grant No.
89-A6821 in the total amount of $32,250.00 for Fiscal Year 89-90
for a Victim/Witness/Juror Program.
2. The local cash match for Fiscal Year 89-90 shall be the
amount of $20,072.
3, The City Manager or the Assistant City Manager is hereby
authorized to accept, execute and file on behalf of the City any
documents setting forth the conditions of Grant No. 89-A6821.
4. The City Manager or the Assistant City Manager is
further directed to furnish such additional information as may be
required by the Department of Criminal Justice Services in con-
nection with the City's acceptance of the foregoing grant or with
such project.
ATTEST:
City Clerk.
Office of ~e Ci~, Qe~
August 1, 1989
Fite #60-235-133-502
Mr. Joel Mo Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schtanger:
I am attaching copy of Ordinance No. 29683 amending and reor-
daining certain sections of the 1989-90 General and Grant Funds
Appropriations, providing fo, the app,op,iation of $32,250.00 and
the transfer of $20,0?2.00, in connection with acceptance of a
grant from the State Depa,tment of Criminal Justice Services for
, a Victim/Witness/Ju,or Program, for the period July, 1989 through
June, 1990. Ordinance No. 29883 was adopted by the Council of
the City of Roanoke at a regular meeting held on Monday, July 24,
1989.
"7~ ~ ~Sincerely'
Mary F. Parker, CMC
City Clerk
MFP:8w
Eno.
pc:
The Honorable Donald S. Caldwetl, Cor~nonwealth~s Attorney
Mr. W. Robert Herbert, City Manager
Ms. Ma~y Ann Myers, Victim-Witness Coordinator
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Room 456 Municipal Building 215 C~urch Avenue SW. Roanoke. 'virg,nia 2401 '1 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of July, 1989.
No. 29683.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 General and Grant Funds 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 1989-90 General and Grant
Funds Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
~eneral Fu~
Appropriations
Nondepartmental
Transfer to Grant Fund (1) .........................
Judicial Administration
Commonwealth's Attorney (2) ........................
Grant Fun~
Appropriations
Judicial Administration
Victim Witness 89-90 (3-11) ........................
Revenue
Judicial Administration
Victim Witness 89-90 (12-13) .......................
1) Transfer to Grant
Fund (001-004-9310-9536) $ 20,072
2) Local Match (001-026-2210-9536) (20,072)
$11,219,548
20,072
2,988,051
608,573
$ 112,629
52,322
$ 112,629
52,322
3) Regular Employee
Salaries
4) FICA
5) Hosp. Insurance
6) Dental Insurance
7) Life Insurance
8) Training and
Development
9) Telephone
10) Supplies
11) Mgt. Services
12) State Grant Rev.
13) Local Match
035-026-5113-1002) $ 38,980
035-026-5113-1120) 2,924
035-026-5113-1125) 2,136
035-026-5113-1126) 168
035-026-5113-1130) 394
035-026-5113-2044) 3,935
035-026-5113-2020) 1,000
035-026-5113-2030) 1,465
035-026-5113-7015) 1,320
035-035-1234-6950) 32,250
035-035-1234-6951) 20,072
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
July 24, 1989
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, VA
Dear Members of Council:
Subject: Acceptance of Victim/Witness
Assistance Program Grant
I. Background
me
Victim/Witness Juror Program is designed to recognize and address
the needs of victims and witnesses in the Roanoke City Criminal
Justice System and to continue the commitment for citizen support.
B. Roanoke City Victim/Witness/Juror Assistance Committe~ (RCVWJ) was
formed in the fall of 1983, by Judges and Clerks of Circuit, General
District and Juvenile Courts, Commonwealth's Attorney, City Sheriff,
Chief Magistrate, Chief of Police, Director of Administration and
Public Safety, and Roanoke Bar Association.
Ce
Victim/Witness Juror Program was developed and utilized volunteers
in the court system to provide services to support the needs of
victims, witnesses and Jurors.
The RCVWJ Committee submitted the program to the State with a
request for full payment funding. A start-up grant (#85A6252) was
issued on July 1, 1984, in the amount of $16,202 for FY 84-85
subject to proportional annual local funding to be approved each
year
E. City Council accepted the start-up grant in September, 1984, and
hired a full-time program coordinator in October, 1984.
City Council accepted the second year of the Victim/Witness
Assistance Program grant (#86A6292) in September, 1985, and
appropriated $2,430 for FY 85-86 as the City's first year
proportional share of the grant subject to the terms of the original
agreement (15% of $16,202).
Members of Council
Subject: Acceptance of Victim/Witness
Assistance Program Grant
Page 2
Ge
Le
In October, 1985, the City Manager approved the new classification
of the victim/witness coordinator's position at a pay grade 09 and
the full-time coordinator received a salary increase of $3,108. The
additional expense of this salary increase was transferred from the
Commonwealth Attorney's 85-86 budget to the Victim-Witness Grant
budget.
City Council accepted the third year of the Victim/Witness
Assistance Program grant (#86A6400) in August, 1986, and appro-
priated $6,575 for FY 86-87 as the City's local cash match.
In June, 1987, the Victim/Witness Assistance Program grant
(#86A6400) was extended from June, 1987 thru November, 1987.
City Council accepted the fourth year of the Victim/Witness
Assistance Program grant (#87A6524) in November, 1987, and appro-
priated $9,916 as the City's local cash match for the grant period,
November, 1987 to August, 1988.
City Council accepted the fifth year of the Victim/Witness
Assistance Progrant grant (#88A6680), in September, 1988, and appro-
priated $14,514 as the City's local cash match for the grant period,
September, 1988 to June, 1989.
In April, 1989, a request for a new grant was submitted by the
Victim-Witness Coordinator when additional state funds became
available.
II. Current Situation
me
The Victim/Witness/Juror Program has been awarded a twelve
month, $32,250 grant (#89A6821) for July, 1989 through June,
1990, which will be matched by a local cash match of $20,072
for a total grant budget of $52,322.
The Victim/Witness/Juror Program continues to operate with
a full-time coordinator, as well as a full-time Victim-Witness
Advocate for Juvenile & Domestic Relations District Court. Duties
have expanded and increasingly greater contact has been made with
persons in need of program services. A summary of FY 84-85, 85-86
86-87, 87-88 and 88-89 contacts document this increase in
services (see Attachment A).
Members of Council
Subject: Acceptance of Victim/Witness
Assistance Program Grant
Page 3
Ce
The Victim/Witness/Juror Program is coordinated by the Office of the
Commonwealth's Attorney and this office's FY 1989-90 budget as
approved by City Council included a local cash match grant fund of
$20,072 (appropriated as outlined in Attachment B).
III. Issues
A. Services
B. Costs
IV. Alternatives
Ae
Accept the Victim/Witness/Juror Grant #89A6821 for $32,250 with
Roanoke City paying $20,072 as a local cash match for a total grant
of $52,322.
1. Services
a. Present level of services and contacts would be maintained
for victims and witnesses in General District Court.
be
Present level of services and contacts would be maintained
for victims and witnesses in Juvenile & Domestic Relations
District Court.
Costs
a. Cost to the City for Grant #89A6821 would be $20,072 as a
local cash match.
B. City Council not accept the Victim/Witness/Juror Grant #89A6821 in
the amount of $32,250.
I. Services such as those below would be greatly curtailed or not
provided if the grant is not accepted.
Providing felony victims and witnesses with a letter and
educational brochure familiarizing them with the court
system, procedures and terminology before their court
appearance.
be
Notifying the victims and witnesses of the status of pending
cases thereby decreasing the number of umnecessary trips
made to court and helping the victims and witnesses feel
informed and a part of the criminal justice process.
Members of Council
Subject: Acceptance of Victim/Witness
Assistance Program Grant
Page 4
Ce
Providing police officers with case status information and
organizing their cases so that they are heard consecutively,
thus eliminating unnecessary and costly overtime charges.
d. Assisting victims in securing court ordered restitution
payments.
e. Making victims aware of the Virginia Crime Compensation Fund
and assisting them in completing the application process.
f. Provide referrals to other agencies which can help victims
address their non-criminal justice needs.
Accompany victims and witnesses to court proceedings to
reduce their fears and anxieties regarding court
appearances.
h. Intercede with employers and school officials when victims
and witnesses have difficulties securing time off.
i. Assist sexual assault victims in having forensic medical
bills paid by the court system.
j e
Assist probation and parole officers in the preparation of
Victim Impact Statements which are presented to the judge
at the defendant's sentencing.
k. Provide "counseling" and crisis intervention to crime
victims and witnesses.
1. Arrange for transportation to court for those victims and
witnesses who have special needs.
me
Provide public relations information in the form of
courthouse tours, programs and lectures about the criminal
justice system and victimology.
2. Costs would not be an issue.
V. Recommendations
me
City Council to concur with Alternative A, which would allow for the
acceptance of, and participation in the Department of Criminal
Justice Services Grant #89A6821 for the Victim/Witness/Juror
Assistance Program in the amount of $32,250, with the City providing
a local cash match of $20,072 from the monies provided in the
Commonwealth Attorney's FY 88-89 budget
Members of Council
Subject: Acceptance of Victim/Witness
Assistance Program Grant
Page 5
DSC:btw
pc:
Authorize the City Manager to sign and execute all appropriate
documents to obtain Grant #89A6821.
Appropriate $32,250 in state grant funds and transfer $20,072 in
local matching funds from General Fund account 001-026-2210-9536
to the Grant Fund into accounts to be established by the Director
of Finance.
Respectfully submitted,
Donald S. Caldwell
Commonwealth' s Attorney
City Manager
City Attorney
Director of Finance
Director of Administration & Public Safety
Victim/Witness/Juror Coordinator
VICTIM-WITNESS ASSISTANCE PROGRAM
SERVICE SUMMARY
FY
SERVICE 84-85
FY FY FY FY
85-86 86-87 87-88 88-89
556 1,063 868 900 3,123
12 17 12 25 18
14 56 30 50 NA
24 84 70 250 254
71 218 314 400 822
662 1,406 1,299 1,350 2,634
1. Case Disposition &
Case Status Information
2. Intercession with Schools
or Employers
3. Victim Counsel Sessions*
4. Referral to Crime Compensation
Fund
5. Restitution Payment Assistance**
6. Contacts in Person or by Phone
to Educate Persons to the
Criminal Justice System
7. Introductory Brochures Mailed
8. Total Victims Contacted***
9. Total Witnesses Contacted***
10. Police Contacts for Case
Information****
11. Volunteer Hours Served
51 607 686 2,250 1,484
982 2,245 1,714 4,500 6,125
554 1,464 528 1,100
66 157 93 120 NA
826 926 544 626 497
* Statistics are no longer kept on counseling sessions
**The Victim Witness Program was given referrals from the courts on 822 cases and
collected $17,709 during FY 88-89
***Statistics kept are no longer separated into categories.
****Statistics are not kept on the number of police contacts for information. However,
the Victim Witness Program works with the Police Department on a daily basis.
ATTAC~ENT A
FY 84-85
FY 85-86
FY 86-87
FY 87-88
FY 88-89
FY 89-90
LOCAL CASH MATCH GRANT FUND
$16
$13
$32
$17
$19
$32
DCJS
GRANT
202 (100%)
772 (71%)
550 (84%)
,225 (64%)
,048 (57%)
,250 (62%)
LOCAL
CASH MATCH
$5,538 (29%)
$6,575 <16%)
$9,916 (36%)
$14,514 (43%)
$20,072 (38%)
$16
$19
$39
$27
$33
$52
TOTAL
101
310
125
141
562
322
ATTAC}{MENT B
5-~°anoke, Virginia
July 24, 1989
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
I concur in the attached report prepared by Donald S. Caldwell,
Commonwealth's Attorney, concerning the acceptance of Victim/Witness Assistance
Program grant.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/ga
~e of ~e ~ ~le~
August Io 1989
File #121-236-75
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 29888 authorizing the
acceptance of a Drug Testing of Pretrial Felons Grant made to the
City of Roanoke by the Corrgnonwealth of Vi,ginia Department of
Criminal Justice Services, in the amount of $$8,000.00, and
authorizing acceptance, e~ecution and filing of all appropriate
documents to obtain such grant. Resolution No. 29888 was adopted
by the Council of the City of Roanoke at a regular meeting held
on Monday, July 24, 1989.
Mary F. Parker, CMC
City Clerk
MFP:sw
pc:
Mr. Ronald L. Bell, Director, Division of General Administra-
tion, Corrgnonwealth of Virginia, Department of Criminal
Justice Services, 805 East Broad Street, Richmond, Virginia
23219
T~e Honorable W. A~¥in Hudson, City Sheriff
Mr. W. Robert Herbert° City Manager
Mr. Jim T. Phipps, Director of Court-Co~k~nity Corrections
Program
Mr. David H. Dew, Budget Administrator
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Room 456 Municil~ol [~ilcllng 21§ C~urc~n Avenue, S.W. Roanc~e, 'vircjmia 240t I (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of 3uly, 1989.
No. 29686.
A RESOLUTION authorizing the acceptance of a Drug Testing of
Pretrial Felons Grant made to the City of Roanoke by the Common-
wealth of Virginia Department of Criminal Justice Services and
authorizing the acceptance, execution and filing of all
appropriate documents to obtain such grant.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the Drug Testing of
Pretrial Felons Grant in the total amount of $68,000 from the
Commonwealth of Virginia Department of Criminal Justice Services.
2. W. Robert Nerbert, City Manager, or his successor in
office is hereby authorized to accept, execute and file on behalf
of the City of Roanoke any and all appropriate documents required
to obtain such grant.
3. The City Manager is further directed to furnish such
additional information as may be required in connection with the
City's acceptance of the aforegoing grant or with such project.
ATTEST:
City Clerk.
Office
August 1, 1989
File #80-121-236-75
~tr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 29555 amending and reor-
daining certain sections of the 1989-90 Grant Fund Approp,ia-
tions, providing for the appropriation of $67,670.00, in
connection with execution of a g,ant agreement with the Depart-
ment of Criminal Justice Services in orde, for the Sherifffs
Depa,tment to administer the Drug Testing of Pretrial Felons
Program. Ordinance No. 29655 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, July 24,
1989.
Sincerely,
Mary F. Parker°
City Clerk
CMC
MFP:sw
F~nCo
pc:
The Honorable W. Alvin Hudson, City Sheriff
Mr. W. Robert Herbert, City Manager
Mr. Jim T. Phipps, Director of Court-Co,,,~nity Corrections
Program
Mr. David H. Dew, Budget Administrator
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Room45~ Municil:~lBuilcling 215 C~,Jrc~ Avenue, S.W. Roanc~e,~rg~nia24011 (703) 98'1-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of July, 1989.
No. 29685.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Grant Fund Appropriations, and providing for an
emergency.
WHEREAS,
Government of the
exist.
THEREFORE,
for the usual daily operation of the Municipal
City of Roanoke, an emergency is declared to
BE IT ORDAINED by the
Roanoke that certain sections of the
Appropriations, be, and the same are
reordained to read as follows, in part:
Council of the City of
1989-90 Grant Fund
hereby, amended and
Appropriations
Public Safety
Drug Testing of
Pretrial Felons
(1-9) ..............
$ 566,422
67,670
Revenue
Public Safety
Drug Testing of Pretrial Felons (10) ...............
566,422
67,670
1) Regular Employee
Salaries
2) Overtime
3) VSRS Retirement
4) FICA
5) Hosp. Insurance
6) Dental Insurance
7) Life Insurance
8) Other Equipment
9) Admin. Supplies
10) State Grant Revenue
035-024-5015-1002) $ 21,355
035-024-5015-1003) 10,000
035-024-5015-1110) 2,930
035-024-5015-1120) 1,619
035-024-5015-1125) 1,200
035-024-5015-1126) 90
035-024-5015-1130) 216
035-024-5015-9015) 28,030
035-024-5015-2030) 2,230
035-035-1234-7069) 67,670
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Roanoke, Virginia
July 24, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Subject: Drug Testing of Pretrial Felons Program
Pretrial Program Grant
Dear Members of City Council:
I. Background:
Ao
The Appropriations Act approved by the Virginia General Assembly
during its 1989 regular session authorized the Department of
Criminal Justice Services (DCJS) to expend grant funds for
pretrial diversion and related services. In addition, the
Director of DCJS is to assure that one or more of these programs
is to include provisions for drug testing of accused felons
awaiting trial, consistent with state law, Section 19.2-123 of
the Code of Virginia as amended, effective July 1, 1989.
The "Drug Testing of Pretrial Felons" program is to be
implemented with state funds through a grant at no cost to the
locality. Funds available for this program are in the amount of
up to $120,000. There will not be any matching fund requirements
for the locality.
C. The purpose of this drug testing program is two fold:
The diversion of defendants from jail who are awaiting trial
with conditions for continued drug testing while on release
status.
o
The collection of verifiable data concerning the prevalence
of drug use by persons coincidental to the commission of a
crime.
The Virginia State Crime Commission endorsed Roanoke City as the
site for the drug testing of pretrial felons pilot program with
the Roanoke City Sheriff's Department administering the program.
II. Current Situation:
A grant request totalling $67,670 has been s,,hmitted to the DCJS
for the Sherifffs Department to administer a "Drug Testing of
Pretrial Felons" program and $67,670 was awarded to the City of
Roanoke.
Preliminary approval of the pro,ram has been given by the DCJS
subject to City Council's concurrence.
- 1 -
Members of City Council
III. Issues:
Initiate~ in an expedient manner, a "Drug Testing of Pretrial
Felons" pilot program to allow for adequate DCJS evaluation of
program in November 1989.
B. Funding.
IV. Alternatives:
City Council authorize the City Manager to execute a grant
agreement with the DCJS not to exceed the amount of $67,670 and
appropriate $67,670 to accounts to be established by the Director
of Finance in the Grant Fund.
Pilot program for testing pretrial felons for drug use would
be initiated in an expedite manner to allow for adequate
DCJS evaluation of program in November 1989.
Fundin~ would be provided with state funds through a grant
at no cost to the City of Roanoke.
City Council not authorize the City Manager to execute a grant
agreement with the DCJS.
Pilot pro~ram for testing pretrial felons for drug use would
not be initiated.
2. State Krant funds totalling $67,670 would be lost by the
City.
V. Recommendation:
Ao
City Council concur with Alternative "A", thereby authorizing the
City Manager to execute a grant agreement with the DCJS not to
exceed the amount of $67,670 and appropriating $67,670 to
accounts to be established by the Director of Finance in the
Grant Fund.
Respectfully submitted,
W. Alvin Hudson
City Sheriff
WAH/gm
- 2 -
COMMONWEALTH of VIRGINIA
Department of Criminal Justice Services
805 EAST BROAD STREET RICHMOND, VIR(31NIA 23219
July 6, 1989
Mr. W. Robert Herbert, City Manager
Room 364, Municipal Building
215 Church Avenue, S. W.
Roanoke, VA 24011
Dear Mt. Herbert:
The Department of Criminal Justice Services in accordance with
the provisions of the Appropriations Act intends to award grant
funds to your localtty for the support of Pretrial Diversion and
Related Program Servtces for the period beginning August 1, 1989
and ending July 30, 1990.
There will be two awards for
to final review and approval
following components:
a total amount of $133,670 ,
of grant applications for the
subject
Drug Testing of Accused Felons Awaiting Trial from the Sheriff's
Department for $67,670 and,
If feasible, a combined grant for Pretrial Intervention and
Diversion of Domestic Assault Cases/Pretrial Diversion of Select
Non-Violent Criminal Cases from Mr. Donald S. Caldwell, Esquire
and the Honorable J. H. Raney, Jr., Judge of the General District
Court in the amount of $66,000.
Letter to W. Robert Herbert, July 6, 1989, Page 2
Grant awards will be prepared within the next 30 to 45 days
subject to the receipt and review of grant applications and will
contain a special condition that program goals, objectives,
workplans and evaluation plans would be subject to mutually
agreed upon revisions and/or requests for additional information.
There will not be any matching fund requirements for the city.
If you have any questions,
do not hesitate to contact
person assigned to pretrial
or desire further information please
me or Mr. A.C. Casale, our staff
grant management at 804-225-4564.
Sincerely,
Ronald L. Bell,Director
Division of General Administration
CC:
Mr. David Dew, City of Roanoke Office of Management and
Budget
Mr. Donald S. Caldwell, Esq , Commonwealth's Attorney
The Hon J.H. Raney, Jr.
The Hon. W. Alvin Hudson,vSheriff
Mr. Jim T. Phipps, Director of Court-Community Corrections
Program
Mr. Robert E. Colvin, Exec. Director Virginia State Crime
Commission
CONIMONW£ALTH OF VIRGINIA
HOUSE OF DELEGATES
RICHIdON D
July 14, 1989
The Honorable Mayor
Members of Roanoke City Council
215 Church Avenue
Roanoke, Virginia 24011
Dear Mr. Mayor, Mrs. Bowles and Gentlemen:
I understand that on Monday, July 24, 1989, you will have on
your agenda information from the Roanoke City Manager that the
City of Roanoke has been selected to receive an award of grant
funds for the support of pretrial diversion and related program
services. One component of the award is a drug testing program
for accused felons awaiting trial from the Sheriffs Department in
the amount of $67,670.00.
This award is the result of the passage of House Bill 1318
which I sponsored at the 1989 session of the Virginia General
Assembly. Basically, the bill provides that an accused or
juvenile charged with a crime may be requested to give a urine
sample to be analyzed for the presence of certain drugs. The
presence of drugs in a sample would be used to set appropriate
conditions of release, including follow up testing prior to
trial. Through this it is hoped that proper restraints can be
imposed on the accused, the authorities will learn if he
continues to use illicit drugs and steps may be taken to prevent
this -- even to the revocation of release should the accused
persist in using drugs. We will also be able to get additional
information about the relation of drugs to crime.
This program was the product of year long study by the Crime
Commission undertaken at the urging of Attorney General Mary Sue
Terry.
Roanoke City was selected as the recipient because of the
outstanding reputation of Sheriff W. Alvin Hudson and his staff
which has been acquired over the years. The manner in which they
operate the Roanoke City Jail, the training of the members of the
Sheriff's Department and the interest that Sheriff Hudson and his
staff have in the control and interdiction of illegal substances
played a significant role in the selection of the City of
Roanoke.
It should be emphasized that this is a pilot program -- the
only one in the state. Equipment will be purchased and installed
in the jail for use in this program. Additional uses, such as
testing of work release and weekend prisoners will also be
facilitated through the presence of this equipment.
I am very pleased that Sheriff Hudson's efforts have been
recognized and that they have brought this tangible benefit to
our City and to the administration of justice.
With kindest personal regards, I am
C°rdially~~4~
Clifton A. Woodrum
CAW/mw
CC:
W. Alvin Hudson
Mr. Joel Turner
Mr. Robert Herbert
The Honorable Mary Sue Terry
HOUSE OF [)ELEGATE$
July 14, 1989
The Honorable Mayor
Members of Roanoke City Council
215 Church Avenue
Roanoke, Virginia 24011
Dear Mr. Mayor, Mrs. Bowles and Gentlemen:
I understand that on Monday, July 24, 1989, you will have on
your agenda information from the Roanoke City Manager that the
City of Roanoke has been selected to receive an award of grant
funds for the support of pretrial diversion and related program
services. One component of the award is a drug testing program
for accused felons awaiting trial from the Sheriffs Department in
the amount of $67,670.00.
This award is the result of the passage of House Bill 1318
which I sponsored at the 1989 session of the Virginia General
Assembly. Basically, the bill provides that an accused or
juvenile charged with a crime may be requested to give a urine
sample to be analyzed for the presence of certain drugs. The
presence of drugs in a sample would be used to set appropriate
conditions of release, including follow up testing prior to
trial. Through this it is hoped that proper restraints can be
imposed on the accused, the authorities will learn if he
continues to use illicit drugs and steps may be taken to prevent
this -- even to the revocation of release should the accused
persist in using drugs. We will also be able to get additional
information about the relation of drugs to crime.
This program was the product of year long study by the Crime
Commission undertaken at the urging of Attorney General Mary Sue
Terry.
Roanoke City was selected as the recipient because of the
outstanding reputation of Sheriff W. Alvin Hudson and his staff
which has been acquired over the years. The manner in which they
operate the Roanoke City Jail, the training of the mem~rs of the
Sheriff's Department and the interest that Sheriff Hudson and his
staff have in the control and interdiction of illegal substances
played a significant role in the selection of the City of
Roanoke.
It should be emphasized that this is a pilot program -- the
only one in the state. Equipment will be purchased and installed
in the jail for use in this program. Additional uses, such as
testing of work release and weekend prisoners will also be
facilitated through the presence of this equipment.
I am very pleased that Sheriff Hudson's efforts have been
recognized and that they have brought this tangible benefit to
our City and to the administration of justice.
With kindest personal regards, I am
Cordial~
Clifton A. Woodrum
CAW/mw
cc:
W. Alvin Hudson
Mr. Joel Turner
Mr. Robert Herbert
The Honorable Mary Sue Terry
ROANOKE, VIRGINIA
JULY 24, 1989
HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
ROANOKE, VIRGINIA
DEAR MAYOR AND MEMBERS OF COUNCIL:
SUBSECT: DRUG TESTING OF PRETRIAL FELONS PROGRAM
PRETRIAL PROGRAM GRANT
I CONCUR IN THE ATTACHED REPORT CONCERNING THE ABOVE SUBJECT.
RESPECTFULLY SUBMITTED,
W. ROBERT HERBERT
CITY MANAGER
~RH/GA
Office c~ t~e Cib*' Gm
August 1, 1989
File #236-304
Mr. W. ~obert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Resolution No. 29688 authorizing accep-
tance of a Delinquency Prevention and Youth Development Act Grant
made to the City of Hoanoke by the Coh=,ionweatth of Virginia
Department of Corrections and authorizing the acceptance, execu-
tion and filing of the "Special Conditions" with the Department
.of Corrections for said grant for the purpose of continuing coor--
dinated planning and youth services program implementation by the
City's Office on Youth until June 30, 1990. Resolution No. 29688
was adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, July 24, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
Enco
pc:
Mr. E. W. Murray, Director, Corr~nonwealth of Virginia,
Department of Corrections, P. O. Box 26963, Richmond,
Virginia 23261
Mr. Joel M. Schtanger, Director of Finance
Mr. James D. Ritchie, Director of Human Resources
Ms. Harion V. Crenshaw, Youth Planner
Room456 MunicipalBuildtng 215C~urc~A~ue,$.W. Roano~e.~qrg~n~2401,,I (703) q81-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29688.
VIRGINIA,
A RESOLUTION authorizing the acceptance of a Delinquency
Prevention and Youth Development Act Grant made to the City of
Roanoke by the Commonwealth of Virginia Department of Corrections
and authorizing the acceptance, execution and filing of the
"Special Conditions" with the Department of Corrections for this
grant for the purpose of continuing coordinated planning and
youth services program implementation by the City's Office on
Youth until June 30, 1990.
BE IT RESOLVED by the Council of the City of Roanoke that:
1. The City of Roanoke hereby accepts the offer made by the
Commonwealth of Virginia Department of Corrections of a Delin-
quency Prevention and Youth Development Act Grant for the purpose
of continuing coordinated planning and youth services program
implementation by the City's Office on Youth until June 30, 1990,
in an amount and subject to such terms as are described in the
report to Council from the City ~anager dated July 24, 1989.
2. The City ~anager, W. Robert Rerbert, or the Assistant
City Manager, Earl E. Reynolds, Jr., is hereby authorized to
accept, execute and file on behalf of the City of Roanoke the
"Special Conditions" with the Department of Corrections for the
aforementioned grant.
3. The City Manager is further directed to furnish such
additional information as may be required by the Department of
Corrections in connection with the City's acceptance of the
aforementioned grant or with such project.
ATTEST:
City Clerk.
Office of ~ City (3e~
August i, 1959
File ~60-304-236
Mr'. Joel M. $chlanger'
Dir'ecto, of Finance
Roanoke, Vir'ginia
Dear Mr.. Schlanger':
I am attaching copy of Or'dinance No. 29687 amending and r'eor-
daining certain sections of the 1989-90 Gener'at and Grant Funds
AppPopriationso pr'oviding for' the appropriation and transfe, of
cer'tain funds, in connection with acceptance of a Delinquency
Prevention and Youth Development Act Grant from the Department of
.Corrections for the purpose of continuing coordinated planning.
and youth ser'vlces program implementation by the City's Office on
Youth until June 30, 1990. Ordinance No. 29687 was adopted by
the Council of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
Enco
W. Rober't Herbert, City Manager
James D. Ritohieo Director of Human Resources
Marion V. Crenshaw, Youth Planner
456 /V~nicipol [~ik:ling 215 C~mu~h AveemUer S.W. i'4oanc~e. "~rcjimio 2,4011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of 3uly, 1989.
No. 29687.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 General and Grant Funds 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 1989-90 General and Grant
Funds Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
General Fund
Appropriations
Non-Departmental
Transfers to Grant Fund (1) ........................
Community Development
Community Planning (2) .............................
Grant Fund
Appropriations
Health and Welfare
Youth Services Grant 89-I-15 (3-14) ................
Revenue
Health and Welfare
Youth Services Grant 89-I-15 (15-16) ...............
1) Transfer to Grant
Fund (001-004-9310-9535) $ 10,000
2) Local Match (001-052-8110-9536) (10,000)
$11,209,476
10,000
1,244,120
296,530
$ 293,128
48,584
$ 293,128
48,584
4
5
6
7
8
9
10
11~
12)
13)
14)
15)
16)
Regular Employee
Salaries
ICMA Retirement
FICA
Life Insurance
Hosp. Insurance
Dental Insurance
Salary Supplement
Training and Dev.
Admin. Supplies
Telephone
Management Srvcs.
Special Projects
State Grant Rev.
Local Match
035-052-8827-1002) $ 30,726
035-052-8827-1115) 2,829
035-052-8827-1120) 2,597
035-052-8827-1130) 333
035-052-8827-1125) 1,143
035-052-8827-1126) 84
035-052-8827-1050) 900
035-052-8827-2044) 1,372
035-052-8827-2030) 1,525
(035-052-8827-2020) 1,500
(035-052-8827-7015) 900
(035-052-8827-2034) 4,675
(035-035-1234-7040) 38,584
(035-035-1234-7041) 10,000
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
'89 .... 12 ' '
Roanoke, Virginia
July 24, 1989
The Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Office on Youth Grant No. 89-I-15
I. Backqround:
June 17, 1980,, youth grant first officially
awarded to City under Virginia Delinquency
Prevention and Youth Act.
May 1, 1989, FY 89-90 youth grant application
was submitted to City Council.
Youth qrant provides for continuation of
coordinated planning and program
implementation of the Office on Youth.
D. Youth ~rant budget provides:
Budget Category State Funds
Local Match
Cash In-kind Total
Personnel $37,712
Consultants -0-
Travel 872
Equipment -0-
Supplies/
Operating Exp.
-0- $ -0- $37,712
-0- -0- -0-
1,400 -0- 2,272
-0- -0- -0-
-0 8,600 3,000 11,600
$38,584 $10,000 $ 3,000 $51,584
Fundin~ for local cash match is included in
the FY 89-90 Community Planning budget
($10,000 in account no. 001 052 8110 9536).
Additional in-kind match of $3,000 is
available through the use of office space
rental in the Community Planning office.
II.
Current Situation:
Youth qrant application has been approved
(attachment A).
B. State funding is in the amount of $38,584.
III.
IV.
Council acceptance of state funding and
appropriation of local cash match is needed
if the Office on Youth program is to continue
for program year 1989-90.
Issues:
A. Cost.
B. Continuity.
C. Staff.
D. Impact on future City budgets.
Alternative:
Authorize the City Manager or his designee
to accept the Youth Services Grant from the
State Department of Corrections.
Cost (local) of Office on Youth in FY
89-90 is $13,000 of which $10,000 has
been appropriated in the FY 89-90
budget. The additional in-kind match
$3,000 is through the use of office
space in the Community Planning office.
Continuity of program would be
maintained.
Staff, consisting of Youth Services
Planner, will continue under the
direction of the Office of Community
Planning.
Impact on future City budgets would mean
continued City match of 25% of total
budget for the Office on Youth.
Do not authorize the City Manager to accept
the Youth Services Grant from the Sate
Department of Corrections.
1. Cost would not be an issue at this time.
2. Continuity would be questionable.
Staff consists of Youth Services Planner
and services would be contingent upon
the availability of another funding
source.
Ve
4e
Impact on future City budgets would be
the possibility of more than the 25%
contribution towards maintenance of the
program.
Recommendation:
It is recommended that City Council adopt
Alternative A which will authorize the following:
Acceptance of the Department of Corrections
Grant No. 89-I-15 through the execution of
the proper form by the City Manager or his
designee.
Appropriate $48,584 to accounts to be
established by the Director of Finance for
program (75% of total grant budget or $38,584
will be refunded by the Department of
Corrections).
Ce
Authorize the transfer of $10,000 from
Community Planning budget, account no. 001
052 8110 9356 to this program as part of the
City's cash match to operate the program for
FY 89-90 to the Grant Fund.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH:MVC:mpf
attachment
cc: Assistant City Manager
City Attorney
Director of Finance
Director of Human Resources
Youth Planner
EDWARD W. MURRAY
D~RECTOR
June 16,
Mr. W. Robert Herbert
City Manager
City of Roanoke
215 Church Avenue, S.W.
Room 364, Municipal Building
Roanoke, Virginia 24011
RE:
Dear:
The Virginia Delinquency Prevention and Youth
Development Act Grant Number: 89-I-15
Mr. Herbert:
The above-named Virginia Delinquency Prevention and Youth
Development Act grant application has been approved in the amount
of $ 38,584.41 Act funds, $ 13 000 00 local match,
total program. ' ' $ 51,584.41
Attached you will find a Statement of Grant Award and a copy of a
form entitled SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND
YOUTH DEVELOPMENT ACT GRANT AWARDS. The original of this form
should be signed and returned to Mr. Glenn D. Radcliffe, Chief of
Operations for Community Programs, Division of Youth Services,
Department of Corrections. This signed form is our official
notice that you accept the award and the conditions of award.
When you wish to request funds for this grant, use DOC Form
DC-01-0589, Request for Funds, Virginia Delinquency Prevention and
Youth Development Act Grant Programs. Before any funds are
disbursed to the grantee under this award, the grantee must agree
to comply with all conditions attached to this award as found in
the SPECIAL CONDITIONS FOR DELINQUENCY PREVENTION AND YOUTH
DEVELOPMENT ACT GRANT AWARDS.
Act funds awarded to your locality are lower than your locality
had requested. Please review your locality,s previously submitted
budget, make adjustments where necessary, and re-submit an amended
budget to your Department of Corrections Division of Youth
Services, Regional Office by August 15, 1989. (See Additional
Special Condition $18 in the attached SPECIAL CONDITIONS FOR
DELIQNUENCY PREVENTION AND YOUTH DEVELOPMENT ACT GRANT AWARDS).
For convenience use the budget forms attached. We regret the
inconvenience and perhaps the hardship this places on your
community.
-2-
Thank you for your cooperation and interest in this matter.
Sincerely,
Attachment
cc:
Glenn D. Radcliffe
W. Stephen Pullen
Eugene C. Morgan
Ronald E. Telsch
DOC General Accounting Unit
Thomas J. Northen, III
Marion V. Crenshaw
Po Oo
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF CORRECTIONS
DIVISION OF YOUTH SERVICES
BOX 26963, RICHMOND, VIRGINIA 23261
STATEMENT
VIRGINIA DELI
AND YOUTH
OF GRANT AWARD
N Q U E N C Y P R E V E N T I O N
DEVELOPMENT ACT
PURSUANT TO THE AUTHORITY OF THE DELINQUENCY PREVENTION GRANT NUMBER;
AND YOUTH DEVELOPMENT ACT, SECTIONS 53.1-251 THROUGH 53.1-260 89-I-15
OF THE CODE OF VIRGINIA THE DIRECTOR OF THE DEPARTMENT OF
CORRECTIONS HAS APPROVED THE GRANT AS INDICATED:
TITLE OF PROJECT: Roanoke Youth Services Citizen Board/
Office on Youth
DATE APPROVED;
June 19, 1989
GRANTEE: City of Roanoke, VA
GRANT PERIOD:
TOTAL LENGTH 12 Months
FROM July 1, 1989
THROUGH June 30, 1990
PROGRAM ADMINISTRATOR:
Mrs. Marion Crenshaw, Youth Planner
Roanoke Youth Services
Citizens Board
215 Church Avenue, S.W.
Room 355, Municipal Building
Roanoke, VA 24011
(703) 981-2349
PAYMENT PROCEDURE:
Quarterly $9,646.41
next 3, $9,646 each
DETAIL
FINANCE OFFICER:
Mr. Joel M. Schlanger
Director of Finance
City of Roanoke
215 Church Avenue, S.W.
Roanoke, VA 24011
(703) 981-2821
BUDGET AWARD
BUDGET -DOC- -GRANTEE- -TOTAL-
CATEGORY STATE FUNDS LOCAL MATCH
CASH IN-KIND
PERSONNEL $
CONSULTANT
TRAVEL
EQUIPMENT
OTHER EXPENSES
TOTAL AWD/MATCH $ 38,584.41 $ 13,000 $ 51,584.41
THIS GRANT IS SUBJECT TO THE MINIMUM STANDARDS AND THE RULES AND REGU-
LATIONS FOR THE DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT.
THIS GRANT IS SUBJECT TO AND CONDITIONED UPON ACCEPTANCE OF SPECIAL
CONDITIONS ATTACHED HERETO.
DATE: June 19, 1989
SIGNATURE OF AUTHORIZED OFFICIAL
EDWARD W+ MURRAY
DIRECTOR
'COMM:O ¥V.E'A-LTSI of VIRC:INIA
Department of Correctiorts
P 0 BOX 26963
RICHMOND VIRGINIA 23261
:804) 257 1900
SPECIAL CONDITIONS
FOR
DELINQUENCY PREVENTIONAND YOUTH DEVELOPNENT ACT
GRANT AWARDS
SPECIAL CONDITIONS FOR GRANT AWARD % 89-I-15
THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS, THROUGH THE DEPARTMENT
OF CORRECTIONS, HEREINAFTER REFERRED TO AS THE DEPARTMENT, DOES HEREBY
AWARD TO ROANOKE, VA. HEREINAFTER REFERRED TO AS THE GRANTEE, FROM THE
DELINQUENCY PREVENTION AND YOUTH DEVELOPMENT ACT APPROPRIATION AN
AMOUNT OF $ 38,584.41.
THE GRANTEE HEREBY AGREES TO PROVIDE AN AMOUNT OF $ 13,000.00 AS THE
MATCHING SHARE REQUIRED BY THE DELINQUENCY PREVENTION AND YOUTH
DEVELOPMENT ACT, HEREINAFTER REFERRED TO AS THE ACT.
THE TOTAL PROGRAM AWARD THEREBY BEING THE SUM OF $ 51,584.41.
THE FOLLOWING CONDITIONS ARE ATTACHED TO AND MADE A PART OF THIS GRANT
AWARD:
1. The Grantee will comply with the terms of the Grantee,s
application, its attachments and amendments thereto, and will not
deviate therefrom without the prior approval of the Department.
2. The Act funds awarded are subject to adjustment prior to the
disbursement of funds by the Department; in no event shall the
amount disbursed exceed the Act funds awarded.
3. The Grantee will comply with the provisions of the Act and the
rules and regulations prescribed by the Commonwealth of Virginia,
under the Act.
The Grantee shall establish and maintain fiscal controls and
accounting procedure which shall assure that the total program
funds (Act and matching share) are.
a. properly expended c. adequately accounted for
b. adequately controlled d. separately identified
Page 2
The Grantee shall establish and maintain accounting procedures which
provide for an accurate and timely recording:
a. total of grant funds (Act and matching share)
b. of expenditures from such funds
c. of unexpended balances
The Grantee shall establish controls which ensure:
a. that expenditures charged to grant activities are for allowable
purposes
b. that documentation is readily available to verify that such charges
are accurate
c. that time and attendance records of personnel engaged in this
program are maintained
d. that equipment purchased with grant funds shall be registered on
inventory cards and properly labeled in a manner which will identify
such equipment as being purchased with funds from this grant.
Where the allowability of an expenditure cannot be determined because
records or documentation are inadequate, the questionable cost will be
disallowed. The Grantee shall reimburse the State for the amount of any
disallowed items.
The Grantee shall make all records and accounts documenting the
disbursement, utilization, administration and management of total
program (Act and matching share) funds approved in this grant accessible
to all authorized State personnel and such persons as may be designated
by the Department.
8. The Grantee shall submit to the Department, on forms prescribed,
accurate, timely and complete financial and narrative reports; the
Grantee shall submit such other reports as may be reasonably required by
the Department. The responsibility for complying with reporting
requirements shall not be transferred by the Grantee to any other party.
9. No Act funds shall be expended for:
a. any expenses other than those necessarily incurred in the
performance of this grant program;
b. the purchase of real property;
c. new construction;
d. costs incurred before the effective date of the grant, unless
incurred with the prior authorization of the Department;
e. the payment of any salary or compensation to a federal employee;
f. payment of any consultant fee, or honorarium, to any officer or
employee of the Department or of any State, municipality or local
agency for services normally paid for by such employee,s regular
salary, wage and overtime compensation. This does not preclude
payment of overtime compensation to such officers and employees
consistent with the established personnel policies of the employing
agency; and
10.
ll.
Page 3
g. the payment of portions of any salaries in excess of the proportion
of actual time spent in carrying out the grant program.
Any news releases, statement or publicity concerning this grant in which
there is a reference to the source of the funds shall indicate that the
grant was made to the Grantee by the Virginia Department of Corrections
from Delinquency Prevention and Youth Development Act Funds.
No material produced in whole or in part under this grant shall be the
subject of an application for copyright in the United States or in any
country. The Department shall retain a royalty-free non-exclusive and
irrevocable license to publish and use the materials and to authorize
others to do so.
12. The Grantee shall commence performance of the program provided for in
the grant on the 1st day of July 1989, and shall complete performance no
later than the 30t--~-day of ~une, 1990.
13. The Grantee will indemnify, reimburse, hold and save the Commonwealth of
Virginia and the Department harmless from all charges, damages, costs,
or other liability that the Department may be required to pay or
otherwise incur by reason of any agreement between the Department and
the Grantee, or by reason of any person, firm, or corporation being
injured or damaged in any way in person or property, or in the event of
a final judgment or decree being obtained against the Department, either
independently or jointly with the Grantee then in that event the Grantee
will pay such judgment or comply with decree with all costs and hold the
Commonwealth of Virginia and the Department harmless therefrom.
PURCHASES OF EQUIPMENT OR CONTRACTUAL SERVICES
14. All purchases of equipment or contractual services made with
funds from this grant award shall be in compliance with local rules and
regulations governing such purchases, which are based on competitive
principles.
15.
16.
17.
There shall be submitted to the Department a signed statement certifying
that all applicable Act regulations, State laws, and local purchasing
regulations have been complied with.
Grantee agrees to accept assistance from the Department,s Regional
Delinquency Prevention Specialist and Evaluation Unit in the development
of the Self-Evaluation.
Grantee agrees to provide documentation for a statewide evaluation,
criteria of which shall be jointly developed by Grantees and the
Department of Corrections.
18. Grantee agrees to submit an amended budget to the Department of
Corrections by August 15, 1989.
the
ADDITIONAL SPECIAL CONDITIONS
Page 4
The Grantee is hereby informed that failure to comply with any of the above
conditions, any of the provisions of the Act or any of the rules and
regulations promulgated thereunder shall constitute grounds upon which the
Department may terminate this grant, discontinue fund payments, and require
reimbursement of fund payments after thirty days notice to each participating
county and city and after a hearing has been conducted on the matter by the
Director of the Department of Corrections or his designee.
The undersigned, having received the Notice
attached thereto, does hereby accept this grant
pertaining thereto, this
19
Signature
Title
of Grant Award and the conditions
and agree to the conditions
day of
~TICI~ATED BUDGET FY89-90
- 37,712
1,400 - 2,272
C,$00 S,O00 11,600
3R, 58a
10,000 3,000 51,584
Trr~ ~ ~
Youth Planner 1,154.$3x13 wk. 15,012.72)
1,208.70x13 wk. 15,713.00)40
hr.
Secretarial assistance 1/2 time being provided
by Roanoke City Planning Dept's Exec. Secretar~
Retirement - Youth Planner 9%
FICA - 7 51%
Life Insurance - 1.025
Health Insurance - 95.00 month
Dental Insurance - $7 month
30,726
30,726
2,829
2,597
333
1,143
84
6,986
37,712
2,829
2,597
333
1,143
84
6,986
37,712
ARTICIPATED BUDGET FY89-90
V. II~IV~X~I. ~T~-r ~z~ (Continue~)
STATE
~ o~ Consulta~:icx~ Fee
i0
(Consultant Trawl to
~e in¢lu~ hez~)
Salary inc~ement for use of private
vehicle %vhile 9erformin~ Office on
Youth du~ies .22/mile at 342 miles
3 conference ue~istrations (S1~5)
Per diem for 10 days a~ $35+
C. T~AV~L __
523
872
900
500
1,400
900.00
525.00
847.00
2,272.00
D. ZCUL~T S~TE
ANTICIPATED ~UDGET FY89-90
Consummable Office Supplies
Printing of wallet-sized guides
Telephone
Postage
Photocopying/multi-lith
Special projects for youth devel-
opment
Committee/task force studies
Self-esteem project
- Coordination for training vol
unteers
- Recreation/community projects
- Office-on-Youth/YAC projects
- Student Government Day
- Open Youth Forum
- Annual report/plan
- Printing materials for other
youth-serving agencies
1,025
5OO
1,500
4OO
5O0
4,675
8,600
* 3,000
3~000
!,025
5OO
1,500
4OO
50O
4,675
3,000
11,600
*Rent ($10/s.f. x 150 s.f. person x 2 people)=
$3,000
Or, ce of the City CIer~
August I, 1989
File #235-251
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
! am attaching copy of Resolution No. 29691 accepting a Local
Government Chalienge Grant, in the amount of $$,000o00, from the
Virginia Corrgnission of the Arts. Resolution No. 29691 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, July 24, 1989.
Sincerely, ~~
Mary F. Parker, CMC
City Clerk
MFP:sw
Eneo
pc:
Ms. Peggy J. Baggett, Executive Director, Conrnonwealth of
Virginia, Corrgnission for the Arts, James Madison Building,
1?th Floor, 101 North 14th Street, Richmond, Virginia
23219-3683
Mr. W. Robert Herbert, City Manager
Mr. Barry L. Key, Manager, Management and Budget
Mr. James D. Ritchie, Directo, of Human Resources
Room 456 Municil0ol Building 215 C~urch A, ve~ue, S,W. Roon,c:~.~, Virginia 24011 (703) 981-254. t
Office of the City Clerk
August 3, 1989
File #236-261
Ms. Susan J. Cole
Executive Director
Arts Council of Roanoke Valley
One Market Square, S. W.
Roanoke, Virginia 24011
Dear Ms. Cole:
I am enclosing copy of Resolution I~o. 29691 accepting a Local
Government Challenge Grant, in the amount of $5,000.00, from the
Virginia Commission of the Arts. Resolution No. 29691 was
adopted by the Council of the City of Roanoke at a regular
meeting held on [qonday, July 24, 1989.
Sincerely, //~~
~4ary F. Parker, CMC
City Clerk
MFP:ra
Enc.
Room 456 Municipal Builcling 215 Church Avenue SW. Roanoke Virginia 240'~ 1 (703) 98%2541
Office of the City Cler~
August 3, 1989
File #236-261
Ms. Margarite Fourcroy
Executive Director
Roanoke Symphony Society
111 West Campbell Avenue,
Roanoke~ Virginia 24011
Dear MS. Fourcroy:
I am enclosing copy of Resolution No. 29691 accepting a Local
Government Challenge Grant, in the amount of $5,000.00, from the
Virginia Corrgnission of the Arts. Resolution No. 29691 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, July 24, 1989.
Sincerely,
Mary F. Parker,
City Clerk
MFP:ra
Enc.
F~"~m ~.56 Municiool Builcltna 215 Church Avenue SW Roanoke ~ra~nia 2401 '~ (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24ch day of 3uly, 1989.
No. 29691.
A RESOLUTION accepting a Local Government Challenge Grant
from the Virginia Commission of the Arts.
BE IT RESOLVED by the Council of the City of Roanoke that the
City hereby accepts the Local Government Challenge Grant in the
amount of $5,000.00 awarded the City by the Virginia Commission
for the Arts for the benefit of the Roanoke Valley Arts Council
and the Roanoke Symphony Society, and the City Manager is hereby
authorized to execute such grant and any conditions or assurances
related thereto.
ATTEST:~
City Clerk.
C~¢e o~ ~ City Cler~
August
File ~60-236-261
Mr. Joel M. Schlanger
Director of Finance
Roanoke~ Virginia
Dear Mr. $chlanger:
I am attaching copy of Ordinance No. 29690 amending and reor-
daining certain sections of the 1986-89 Grant Fund
Appropriations, providing for the appropriation of $5,000.00, in
connection with acceptance of a Local, Government Challenge Grant
from the Virginia Commission for the Arts. Ordinance No. 29690
was adopted by tbs Council of the City of Roanoke at a regula,
meeting held on Monday, July 24, 1989.
$incere
Mary F. Parker, CMC
City Clerk
MFP:sw
Enco
W. Robert Herbert, City Manager
Barry L. Key, Manager, Management and Budget
James D. Ritchie, Director of Human Resources
Room 456 Munici~l Builcling 215 C~u~h A',~ue. SW. Roanoke. V~rcj~nio 2401 t (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of July, 1989.
No. 29690.
AN ORDINANCE to amend and reordain certain sections of
the 1988-89 Grant Fund Appropriations, and providing for an
emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the City of Roanoke, an emergency is declared to
exist.
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1988-89 Grant Fund
Appropriations, be, and the same are hereby, amended and
reordained to read as follows, in part:
Appropriations
Parks, Recreation, and Cultural Challenge Grant (1) ...................................
Revenue
Parks, Recreation, and Cultural Challenge Grant (2) ...................................
1) Subsidies
2) State Grant
Revenue
(035-054-8724-3700) $ 5,000
(035-035-1234-7071) 5,000
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
$ 60,938
5,000
$ 60,938
5,000
this
City Clerk.
July 24, 1989
Roanoke, Virginia
Honorable Mayor and City Council
Roanoke, Virginia
Members of Council:
SUBJECT: VIRGINIA CO~4~ISSION FOR THE ARTS LOCAL GOVERNMENT CHALLENGE GRANT
II.
I. BACKGROUND
A. The City of Roanoke was notified of a Local Government
Challenge Grant available through the Virginia Commission
for the Arts.
Local Government Challenge Grant Funds are available on a
50-50 matching basis, 50% state and 50% local.
C. Application for the grant was made at the request of the
Roanoke Valley Arts Council and the Roanoke Symphony
Society.
CURRENT SITUATION
A. Notification by the Commission for the Arts has been
received that a grant of $5,000 is available.
The grant will supplement funds already appropriated from
the City to the two organizations through the Citizens
Services Committee. The local funds will meet the 50-50
match.
III. ISSUES
The Grant funds of }5~000 are to be divided evenly between
the two agencies:
$2,500 -- Roanoke Valley Arts Council
$2,500 -- Roanoke Symphony Society
A. Need for funding.
B. Timing.
C. Cost to the City.
IV. ALTERNATIVES
City Council accept the }5~000 Local Government Challenge
Grant from the Virginia Commission for the Arts.
Need for funding. The Roanoke Valley Arts Council and
the Roanoke Symphony Society will use funding for
making quality arts and music activities available to
citizens of Roanoke.
Timing. The grant must be accepted and properly
executed papers returned to the Virginia Commission of
the Arts by June 20, 1990.
Cost to the City. Funds have been appropriated in the
City's General Fund Budget through the Citizens
Services Committee. No additional local funding is
required.
Bo
City Council not accept $5~000 grant from the Virginia
Commission for the Arts.
Need for funding. Roanoke Valley Arts Council and the
Roanoke Symphony Society will lose $5,000 in funding
which would be used for quality arts and music
activities to the citizens of Roanoke.
2. Timing. Not an issue.
Cost to the City. No impact. Funds have been
appropriated in the City's General Fund Budget through
the Citizens Services Committee.
V. RECOR4ENDATZON
Ao
City Council concur with Alternative A and accept the $5~000
grant from the Virginia Commission for the Arts.
Authorize funds to be appropriated to an account
established by the Director of Finance in the Grant
Fund.
o
Authorize the City Manager or his designee to execute
the Local Government Challenge Grant on behalf of the
City of Roanoke.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/JDR/ksf
CC:
Finance Director
City Attorney
Budgets and Systems
James D. Ritchie, Director, Human Resources
Director of Human Resources
June 20, 1989
Ms. Peggy J. Baggett
Executive Director
Commonwealth of Virginia
Commission for the Arts
James Madison Building
101 North 14th Street
17th Floor
Richmond, Virginia 23219-3683
Re:
Local Government Challenge Grant
I.D. #90-169
$5,000.O0
Dear Ms. Baggett:
This is to verify that on Monday, June
approved the following appropriations:
19, 1989,
Roanoke City Council
$3,700.00
$5,000.00
Arts Council of the Roanoke Valley
Roanoke Symphony Society, Inc.
We appreciate the Commission for the Arts awarding the City funds under the
Local Government Challenge Grant category. Please contact me should you
have questions or require further information.
%~_~cerely, .
· Ritchie
ksf
Room 356, Mumc$pal Budding, 215Church Avenue, S W, Roanoke V~rglnma 24011 {703) 9B1-2302
I ~ N 14th T
RICHMOND, VIRGINIA 23219-3683
ELEPH-NE{~, 2 225- ~32
~u~e 6, ~8~
Mr. W. Robert Herbert
City of Roanoke
215 W. Church Avenue, Room 356
Roanoke, VA 24011
EY¥~UTIVE DIRECTOR
RECEIVED
JUN 0 9 89
city ~mna~a,m
Roanok~ VA~
Reference I.D.# 90-169 - Local Government Challenge Grant - $5,000.00
Dear Mr, Herbert:
It is a pleasure to inform you that the Virginia Co~m~ission for the
Arts has awarded your organization a grant of $5,000.00 in the Local
Government Challenge Grant category.
Your signature on the application indicated your agreement to the
grant terms which were attached to the application form. Any changes
in the activities or budget described in your application must be
approved in advance by the Commission staff. Subject to
appropriatione by the Virginia General Assembly, you may expect
payment of the grant funds by the dates listed below.
$4,250.00 August 15, 1989
$750.00 Upon receipt of final report
June 6, 1989
Page Two
The Commission is grateful for your contribution in making quality
arts activities available to the citizens of Virginia. Please accept
our best wishes for your continued success.
Sincerely,
Peggy J. Baggett
Executive Director
Enclosure
P.S. Please send us written verification that your local government
arts appropriation for 1989-90 has been approved by your governing
board. Payment on the grant cannot be released until the Commission
receives this information.
?,~RGINIA CO~"[ISSION FOR, THE ARTS
101 N. X~z~ STREET, 17TH FLOOR
~ICI~OND, VIRGINIA 23219
(804) 225-3132
GRA~ I.D.{
RETURN NO LAT,,:K THAN JUNE 20, 1990
City/County Government, Address, Telephone
Local Government Arts Appropriations, 1988-89
(include Virginia Commission for ~he Arts
Or~aniza=ions
VCA Share
~ of Individuals
Benefi~i~
~ of Artists
~efi~in~
To, al
I hereby certify =hat, to t~
is c~mploCe and acour&te.
all tuform~n ~ cb~e final report
For. Off~
Office cfi the Ci~ Cle~
August 1. 1989
File #236-175
Mr. W. Robert Herbert
City Manager
Roanoke. Virginia
I am attaching copy of Ordinance No. 29692 authorizing execution
of a written agreement with the City of Roanoke Redevelopment and
Housing Autho,ity relating to the pe,fo,mance of ce,tain
Co....unity Development Block Grant prog,am activities to be under-
taken by the City du,ing P,og,am Yea, 1989-1990. Ordinance No.
29692 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday. July 24. 1989.
Ma,y F. Pa,ke,. CMC
City Cle,k
MFP:sw
EnCo
pc:
Mr. Ee,be,t O. McB,ide. E~ecutive Di,ecto,~ Roanoke
Redevelopment and Housing Authority. 2624 Salem Tu,npikeo
N. W.. Roanoke. Vi,ginia 24017
William F. eta,ko Directo, of Public Wo,ks
John R. Ma,lte$. Chief of Co,..~nity Planning
BPlan $. Wishneff. Chief of Economic Development
Stephanie Ac Fo~le,. Neighborhood Partnership Coo,dinator
H. Daniel Pollock. Housing Development Coo,dinato,
James O. Ritchieo Oi,ecto, of Human Resou,ces
Ma,ie T. Pontius. Grants Monitoring AdministPato,
Room 456 Municipal Building 215 Church Avenue. S.W P. oanc~.~, Virg,nia 24011 (700) q81-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29692.
VIRGINIA,
AN ORDINANCE authorizing the execution of a written agreement
with the City of Roanoke Redevelopment and Housing Authority re-
lating to the performance of certain Community Development Block
Grant program activities to be undertaken by the City during
Program Year 1989-1990; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager is hereby
authorized to execute, for and on behalf of the City, a written
agreement, more particularly described in the report of the City
Manager dated July 24, 1989, and providing for the provision of
certain administrative services under the City's Community De-
velopment Block Grant for the 1989-1990 Program Year, between
the City of Roanoke Redevelopment and Housing Authority and the
City of Roanoke, and providing for the services to be rendered
by said Authority to the City in implementing certain program
activities identified in the City's application and budget for
the aforesaid Grant, along with certain terms and conditions
described in the aforesaid report, including the compensation
to be paid to the Authority.
2. The form of the contract between the City and the Authority
shall be approved by the City Attorney.
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.
Roanoke, Virginia
July 24, 1989
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Contract for Services with the Roanoke
Redevelopment and Housing Authority
I. Background:
City Council apDroDriated Community Development Block
Grant (CDBG) funds on June 26, 1989 by Ordinance No.
29637. CDBG funds for Fiscal Year 1989-90 total
$2,261,443 including $1,547,000 new entitlement and
$714,443 program income.
Roanoke Redevelopment and Housing Authority (RRHA)
historically has administered certain portions of CDBG
programs for the City, including housing rehabilitation
and economic development activities.
II. Current Situation:
Funds budgeted for RRHA's services in FY 89-90 total
$416,660 for administration and support of five (5)
Economic Development programs, seven (7) Housing
programs and one (1) neighborhood redevelopment project.
Project funds to be administered by RRHA, and covered by
this contract, total $1,412,586 in CDBG funds. Total
value of contract - administration plus project funds -
is $1,829,246. (Please see Attachment A)
Total value of projects to be administered by RRHA
through this contract exceeds $3.5 million including
CDBG funds, other HUD funds, State funds, and leveraged
private funds. (Please see Attachment B)
Administrative Agreement between the City and the RRHA
is necessary before the RRHA can perform and receive
payment for administrative activities regarding CDBG-
funded or assisted programs.
III. Issues:
A. Cost to the City
B. Funding
Honorable Mayor and Members of City Council
Page 2
C. Administrative Capability
D. Timing
IV. Alternatives:
Authorize the City Manager to execute an Agreement with
the RRHA for the administration and implementation of
various community development activities.
Cost to the City for projects, and administration
of those projects will be $1,829,246 in CDBG funds.
No other City funds will be expended.
e
Funding is available in CDBG accounts listed in
Attachment A.
Administrative capability to perform the services
specified is possessed by the RRHA. The RRHA is
experienced in and knowledgeable of the programs
specified, having performed similar
responsibilities in previous years.
Timin~ is important since previous contract expired
on June 30, 1989 and several programs are ongoing
and should be continued.
Be
D_qo not authorize the execution of the attached A~reement
with the RRHA for the administr~ion of various
community development activities.
Cost to the City would depend on the cost of
performing the activities directly with existing
and additional City staff, o~r of contracting for
services from private agents.
Fundin~ for administration and projects would be
available in CDBG accounts shown in Attachment A.
Administrative capability to perform the various
activities is available in some cases with existing
City staff. However, other capability would have
to be obtained by hiring additional CDBG-funded
staff and/or contracting with private agencies.
Some projects may be limited without the RRHA's
redevelopment and acquisition authority.
Timin~ would delay the implementation of many
program activities, until necessary staff could be
hired and trained or until other arrangements could
be made.
Honorable Mayor and Members of City Council
Page 3
Reco~mendation:
It is recommended that City Council concur in Alternative A
and authorize the City Manager to execute the attached
Agreement with the RRHA for the performance of various
community development activities.
Respectfully submitted,
City Manager
attachments
WRH/mtp
cc: Assistant City Manager
City Attorney
Director of Finance
Director of Public Works
Director of Human Resources
Chief of Economic Development & Grants
Chief of Community Planning
Housing Development Coordinator
Grants Monitoring Administrator
Neighborhood Partnership Coordinator
Executive Director, Roanoke Redevelopment & Housing Authority
Account Number
CITY OF ROANOKE
SUMMARY OF FUNDING FOR RRHA
For 7/1/89 - 6/30/90
Account Name
Project
Funding
ATTACHMENT A
Total
Admin & CDBG
Support Funding
035-086-8620-5105
035-087-8720-5105
035-088-8820-5105
035-089-8920-5105
035-089-8910-5037
035-089-8920-5113
035-089-8910-5038
035-088-8820-5101
035-089-8920-2101
035-089-8910-5036
035-088-8820-5102
035-089-8920-5102
035-089-8910-5048
035-086-8620-5115
035-088-8820-5115
035-089-8920-5115
035-089-8910-5034
035-086-8620-5172
035-089-8910-5033
035-086-8630-5131
035-387-8730-5131
035-089-8910-5044
035-088-8830-5157
035-089-8910-5045
035-086-8630-5144
035-086-8630-5151
035-087-8730-5144
035-087-8730-5145
035-088-8830-5145
035-002-9900-7001
035-089-8910-5047
035-086-8630-5138
035-089-8910-5035
035-089-8910-5039
Private Rehab Loans $ 760
Private Rehab Loans 10,000
Private Rehab Loans 40,000
Private Rehab Loans 40,000
Private loan Support
36,500 $127,260
Private Loan Subsidy
Private Subsidy Support
95,000
23,500 $118,500
Critical Home Repair $ 777
Critical Home Repair 125,000
Critical Home Support
56,500 $182,277
Operation Paintbrush $ 8,504
Operation Paintbrush $ 30,000
Operation Paintbrush Supp.
27,300 $ 65,804
Home Purchase Loan Prog $ 50,852
Home Purchase Loan Prog 90,000
Home Purchase Loan Prog 99,148
Home Purchase Asst Support
20,000 $260,000
Fairfax Ave Clearance $ 48,215
Fairfax Ave Clearance Supp
36,000 $ 84,215
Deanwood $258,396
Deanwood 124,318
Deanwood Support
20,000 $402,714
Deanwood Addition $ 31,195
Deanwood Addition Support
16,000 $ 47,195
Henry Street
Henry Street
Henry Street
13,733
1,542
220,000
$235,275
Shaffers Crossing $ 54,171
Shaffers Crossing 51,486
Shaffers Crossing $ 19,001
Shaffers Crossing Support
21,500 $146,158
Marketing & Disposition $ 488
$ 488
RRHA General Admin
Rental Rehab Support
$ 95,660 $ 95,660
$ 63,700 $ 63,700
TOTALS $1,412,586 $416,660 $1,829,246
0
0
0 ~:.-3
AGREEMENT
THIS AGREEMENT is made and entered into this
1989, by and between the following parties:
the Grantee:
day of
City of Roanoke
215 Church Avenue S.W.
Roanoke, Virginia 24011
and the Subgrantee City of Roanoke Redevelopment and Housing
Authority
2624 Salem Turnpike, N.W.
Roanoke, Virginia 24017
It is the intent of the Grantee to entrust the Subgrantee with the
implementation of certain projects and activities relating to community
development and neighborhood revitalization, including, but not limited
to, projects outlined in the Grantee's 1989-90 Community Development
Block Grant (CDBG) program.
The Grantee and Subgrantee agree as set forth below:
The Subgrantee shall implement certain projects and activities as
set forth in Part I of the Terms and Conditions of the Agreement.
II.
The Grantee shall compensate the Subgrantee as set forth in Part
II of the Terms and Conditions of the Agreement.
AND CONDITIONS OF AG~mRMENT
Part I - Sco~e of Services:
The Subgrantee shall, in a satisfactory and proper manner, as
1
determined by the Grantee, and within the scope of the 1989-90 Grant
Programs Funds Appropriations for CDBG provided for the services
included herein and approved by the Roanoke City Council, perform the
following tasks:
A. Rehabilitation and Revitalization of Residential Areas:
Private Rehabilitation Loan Program - The subgrantee shall
lend the proceeds of the $600,000 mortgage revenue bond it
will sell to the public for rehabilitation or purchase/
rehabilitation of owner occupied houses during Fiscal Year
1989-90. The Grantee and Subgrantee shall review
characteristics of FY 1989-90 Private Rehab Loan Program and
jointly determine whether future revenue bonds are to be sold
by the Subgrantee using CDBG or other funds and on what
basis. All costs of said future mortgage revenue bond,
including loan loss reserve, auditing, legal expense, cost of
issuance and all other related expenses (excluding staff
costs), and additional costs incurred relative to previous
mortgage revenue bonds, shall require no more than $90,760 of
CDBG funds or other funds by the Grantee. (This being
$40,000 for bond issued in July, 1989 and the balance for a
second bond issue in Spring of 1990). Support costs,
including staff salaries and other delivery costs of the
program will not exceed $ 36,500.
2. Private Rehabilitation Loan Subsidy - The Subgrantee shall
administer a subsidy program to subsidize rehabilitation or
purchase/ rehabilitation loans from other sources, including
the Private Rehabilitation Loan Program, and in accordance
with written guidelines as set forth in Attachment A. The
Private Rehabilitation Loan Subsidy shall consist of grants
to be made to owner-occupant borrowers of funds under the
Private Rehabilitation Loan Program or other sources,
including conventional lenders, in order to make
rehabilitation and/or purchase/rehabilitation loans for
homeowners more affordable. The total of all subsidies
provided under this program shall not exceed $95,000.
Program delivery costs, including staff costs shall not
exceed $23,500.
3. Critical Home Repair Pro~ram - The Subgrantee shall
administer the Critical Home Repair Program in accordance
with written guidelines as set forth in Attachment B.
Essentially, the Critical Home Repair Program consists of
limited grants or loans to qualified homeowners to repair or
replace seriously substandard components of the homeowner's
structure, using CDBG funds; and forgivable deferred-payment
loans for certain energy-conserving improvements, using funds
loaned to the homeowners by the Department of Housing and
Community Development (DHCD) and/or the Virginia Housing
Development Authority (VHDA). The total of all such
grants/loans to be made in Fiscal Year 1989-90 shall not
exceed $125,777, of CDBG funds, including $50,000 set aside
for "Quick Response to Emergencies"; and DHCD/VHDA funds.
Program delivery costs, including salaries shall not exceed
$56,500.
Operation Paintbrush - The Subgrantee shall administer an
exterior home painting and minor repair program in accordance
with written guidelines as set forth in Attachment C, using
funds made available by the Grantee. The general purpose of
Operation Paintbrush is to make a strong visual statement
about the viability of the neighborhood by dramatically
improving a selected area through painting the exterior of
homes. The Subgrantee shall procure contractors to paint the
homes according to standard procurement procedures.
Regulations concerning lead-based paint shall be complied
with. The total of all such grants to be made in Fiscal Year
1989-90 shall not exceed $38,504, of CDBG funds. Program
delivery costs, including salaries shall not exceed $27,300.
Rental Rehabilitation Program - The Subgrantee shall
administer the Rental Rehabilitation Program as developed by
the Grantee and Subgrantee and approved by the Department of
Housing and Urban Development (HUD), the Virginia Housing
Development Authority (VHDA) and the Virginia Department of
Housing and Community Development (DHCD). Such Program shall
consist of Rehabilitation subsidies loaned by the Subgrantee
to rental property owners, from funds allocated to the
Program by HUD from Rental Rehabilitation Program funds.
Such funds may be supplemented by funds allocated for the
Program by VHDA and/or DHCD, to be loaned directly to
property owners by those agencies. Loan applications for
funds from VHDA and DHCD will be packaged by the Subgrantee
for submission to those agencies. However, funds allocated
by VHDA and DHCD will be loaned neither to or by the
Subgrantee. The Program will be administered in accordance
with the guidelines in Attachment D.
The funds, including $269,667 from HUD, $350,000 from VHDA,
and $212,000 projected from DHCD, will be used for
rehabilitation subsidies during the contract year. Program
delivery costs for the Subgrantee, including salaries shall
not exceed $63,700.
Section 312 Rehabilitation Loan Program - The Subgrantee
shall continue to administer the rehabilitation loan program
using Section 312 funds as made available by HUD,
specifically to the completion of rehabilitation projects
committed and begun in FY 1988-89. In the event HUD makes
any additional Section 312 funds available, the Subgrantee
shall administer such funds only in consultation with and
with the approval of such use by the Grantee.
Home Purchase Assistance - The Subgrantee shall assist the
Grantee in the administration of the Home Purchase Assistance
Program, as outlined in Attachment E. Specifically, the
Subgrantee shall prepare detailed work write-ups and cost
estimates on candidate houses, verify applicants'
eligibility, package loan applications for review and
e
approval by DHCD and/or VHDA, close loans, oversee
rehabilitation, and conduct training sessions for Program
applicants. The Subgrantee shall not be responsible for
servicing any loans under this Program. Approximately 16
houses will be included in this Program during FY 1989-90.
The total of all such loans to be made in Fiscal Year 1989-90
shall not exceed $240,000 of CDBG funds, and $160,000 in
DHCD/VHDA funds. Program delivery costs, including salaries
shall not exceed $27,300.
Owner-Occupied Rehabilitation - The Subgrantee shall
administer the Owner-Occupied Rehabilitation Loan Program, as
approved and funded by the Virginia Department of Housing and
Community Development. This Program makes loans for
qualifying rehabilitation of low and moderate income owner-
occupied houses not meeting Building Maintenance Code and
Housing Quality Standards. The Program will be administered
in accordance with the guidelines in Attachment F,
supplemented by the program operations manual provided by
DHCD. Loans made under the Program will be made directly
from DHCD or VHDA to the borrower, with the Subgrantee
assisting in the packaging of the loans and monitoring of the
rehabilitation. The total of all such loans will not exceed
$60,000. No CDBG funds are involved.
Technical Assistance, Counselinq and Services - The
Subgrantee shall assist the Grantee in providing advice and
counseling to citizens, individually or in groups, concerning
community development and housing concerns. Such assistance
6
10.
and services will be provided as requested by citizens and
shall include but not be limited to:
a. Property inspections and technical advice concerning
repair, remodeling, rehabilitation and maintenance;
b. Guidance and counseling concerning possible financial
arrangements for purchase or rehabilitation, including
possible options available in the private financing
market.
c. Providing technical assistance to the Grantee's Housing
Development Office relative to long-term housing and
education/information programs in accordance with
guidelines set forth in Attachment G.
Marketin~ - The subgrantee shall play a principal role in
assisting the Grantee in publicizing and marketing housing
programs, rehabilitation and neighborhood revitalization
generally. Included in this role will be arranging for the
placement of signs, supplied by the Grantee, on the site of
rehabilitation projects assisted under programs described
herein.
11.
Relocation Assistance and Counselin~ - The Subgrantee shall
assume responsibility for the relocation assistance and
guidance to be provided to residents and businesses displaced
by community development projects and activities of the
Grantee, in accordance with HUD regulations and guidelines.
In addition, the Subgrantee shall participate with the
7
Grantee in updating the City-wide housing resource summary
and a plan to meet the total relocation needs for the program
year.
12.
Outstanding Loans and Grants~ Foreclosures - The Subgrantee
shall continue to service outstanding loans, forgivable
and/or deferred payment loans, grants, etc., made in previous
years as appropriate and in accordance with guidelines of the
specific programs.
The subgrantee shall provide counseling to parties delinquent
in their repayments in a reasonable effort to avoid
foreclosure. However, where delinquencies persist, the
Subgrantee shall institute appropriate foreclosure
procedures.
The Subgrantee shall maintain and protect properties on which
it has foreclosed, and in consultation with the Grantee,
shall arrange for resale, assumption of loan, or other
disposition of the property.
B. Gainsboro Conservation/Redevelolament Plan:
The Subgrantee shall implement the Gainsboro Conservation/
Redevelopment Plan (Amendment No. 2), coordinating its activities
with the Gainsboro Project Area Committee (PAC) and the Gainsboro
Neighborhood Development Corporation (GNDC).
performed by the Subgrantee pursuant to this contract.
Planning, organization and implementation of the CDBG public
workshops and/or hearings incidental to the Grantee's annual
application process.
The Subgrantee shall provide information monthly to the
Grantee concerning the status and activity of the various
housing programs, which the Grantee then may distribute to
community organizations or representatives, as the Grantee
sees appropriate.
co~mmercial/Industrial Develo~m~ent:
1. Commercial Rehabilitation - The subgrantee shall continue to
administer the downtown commercial rehabilitation loan
program. The Subgrantee shall encourage the use of the
Roanoke City Tax Abatement Program for commercial, industrial
and residential rehabilitation in areas eligible under the
City Code.
Deanwood Redevelopment - The Subgrantee shall continue to
implement Redevelopment Plan (1975), as amended by Amendment
No. 2, by Resolution No. 27751, adopted by City Council on
August 16, 1985, to include additional property within the
redevelopment area. Within this expanded area, the
Subgrantee shall perform, during the term of this Agreement,
appraisals and title work, acquisition, relocation and
demolition, and site development. Funds are available to the
Subgrantee for these additional activities in the amount of
10
$382,714 for the Deanwood Expansion area. Program support
costs shall not exceed $20,000.
For the area known as the Deanwood Addition, that ten-parcel
tract fronting on Orange Avenue, funds are available in the
amount of $31,195. Program support costs shall not exceed
$16,000.
Ail work shall proceed with the assistance of the Grantee's
City Engineer and Chief of Economic Development who shall
approve all requests for proposals, contracts regarding site
design and development, final plans and change orders for
this project within ten working days, except for issues
requiring action by City Council. All expenses related to
Deanwood property acquisition, disposition, site
clearance/improvements, maintenance, engineering and plan
development shall be charged directly to the Deanwood account
and not to the Subgrantee's general program administration.
Henry Street Redevelopment - The Subgrantee shall implement
the Gainsboro Conservation/Redevelopment Plan (Amendment No.
2), in the "Henry Street" area of the Gainsboro Project area
in accordance with such Plan, and in accordance with any
amendment or supplement to the Plan relating to the "Henry
Street" area after its adoption by Grantee's City Council and
the Subgrantee's Board of Commissioners. Funds available to
the Subgrantee for these activities shall not exceed $235,275
11
All expenditures shall be approved in advance by the Grantee.
The subgrantee shall arrange for and oversee the operation of
two (2) parking lots on Centre Avenue and First Street in the
"Henry Street" redevelopment area.
Downtown East Parkin9 Lots - The Subgrantee shall continue to
arrange for and oversee the operation of four (4) parking
lots in the Downtown East area. The Subgrantee shall
participate actively with the Grantee to expedite the sale of
these properties and shall provide any information required
by the Grantee or HUD relative to the close-out of the Urban
Renewal program.
J
Redevelopment Plans - Preparation and Amendment - The
Subgrantee shall produce and amend as needed Redevelopment
Plans for areas within the City.
Property Marketin~ and Disposition - The Subgrantee shall
continue to promote and sell parcels available in all
Redevelopment Areas, including but not limited to the
Kimball, Downtown East, Deanwood and Gainsboro areas. All
contacts with potential developers shall be coordinated
between the Grantee's Chief of Economic Development and the
Subgrantee's Director of Land Planning. Each of these
parties or his representative shall be afforded the
opportunity to be present at any showing of any available
12
site by either the Grantee or the Subgrantee.
Negotiations incidental to land sales will also be
coordinated between the aforementioned parties. Expenditures
for Urban Renewal disposition costs shall not exceed $488,
unless additional funds are otherwise approved. Expenses
related to land disposition shall be charged directly to the
affected program account and not charged to the Subgrantee's
general program administration.
e
Shaffer's Crossinq Redevelopment - The Subgrantee shall
continue to implement Phase I of the Shaffer's Crossing
Redevelopment Plan (1985), within the financial limits of the
funds appropriated by City Council and following a written
Notice to Proceed from the City Manager. All work shall
proceed with the assistance of the Grantee's City Engineer
and Chief of Economic Development, who shall approve all
requests for proposals, contracts regarding site design and
development, final plans and change orders for this project
within ten (10) working days, except for issues requiring
action by City Council. All expenses relating to property
acquisition, disposition, site clearance/improvements,
maintenance, engineering and plan development shall be
charged directly to the Shaffer's Crossing Project account.
Activities to be completed during the term of this Agreement
primarily include demolition and site work, as funds permit.
Funds are available to the Subgrantee for these activities in
13
the amount of $124,658. Program support costs shall not
exceed $21,500.
Property Maintenance:
The Subgrantee shall be responsible for the upkeep and maintenance
of all properties acquired by the Subgrantee as a result of CDBG
activities. The cost of these activities shall be charged
directly to the applicable program account and not to the
Subgrantee's general program administration. All equipment
purchases, as part of this activity, must receive prior approval
of the Grantee.
Fe
Program Coordination:
Appropriate staff of the Subgrantee shall meet and consult
regularly and as needed as determined by either party, with
appropriate staff of the Grantee. Such staff of the Grantee may
include, but are not limited to, the City Manager, Assistance City
Manager, Director of Public Works, Building Commissioner, Housing
Development Coordinator, Chief of Economic Development and Grants,
and Grants Monitoring Administrator. The intent of such meetings
and consultations shall be to facilitate the efficient and
effective implementation of program services listed above, and
consider the need for and planning of other activities of the
Grantee, Subgrantee, or both, consistent with the general purpose
of community development and neighborhood revitalization.
PART II - COMPENSATION AND METHOD OF PAYMENT:
14
ae
Program Funds~
The following funds, as detailed in Table I, shall be made
available to the Subgrantee for program activities: (See Table I
following).
Program Income:
Program income from any and all sources shall be submitted to the
City within five (5) days of its receipt by RRHA.
Ce
Limits of Funding Sources:
Payments to the Subgrantee may be made from the 1989-90 CDBG
project and general administration accounts up to the amount
designated by Roanoke City Council; however, the total payments,
from all sources, to the Subgrantee for program support and
general administration of the identified program activities shall
not exceed $416,660 for the 1989-90 program year.
De
Disbursement Procedures:
The Subgrantee shall file the necessary papers with the Director
of Finance ten (10) working days prior to the date that actual
disbursements are needed. Cash advances shall be reasonably
estimated, therefore, excess advances will not be allowed. Cash
advances will be recorded as Accounts Receivable due from the
Subgrantee. The Subgrantee shall submit, by the fifth working day
of each month, a monthly report to the Director of Finance,
indicating the actual expenditures incurred against all cash
advances not previously reported to the Director of Finance.
15
0
o
0
o
o
CD
Expenditures reported will be deducted from the Accounts
Receivable balance due from the Subgrantee. The Subgrantee also
shall submit time sheets, by the tenth working day of each month,
to the Grants Monitoring Administrator, which indicate
Subgrantee's staff time committed to each project. No additional
cash advances shall be made to the Subgrantee until these reports
are submitted. Monthly financial status reports issued by the
Director of Finance shall be reviewed by the Subgrantee and any
discrepancies reported in writing within ten (10) working days of
receipt of said report.
Annual Audit and Monitoring:
The Subgrantee shall provide for an independent audit of all CDBG
expenditures in accordance with Circular A-128 for the contract
period covered by this Agreement as set forth in Part IV, Section
A. Two copies of said audit report shall be furnished to the
Grantee within 30 days after completion of the audit. In
addition, it is the intention of the Grantee to perform quarterly
monitoring visits to verify the Subgrantee's performance from a
financial and compliance auditing perspective during the contract
period covered by this Agreement.
PART III - GI~AN'£~E I~ESPONSIBILITIES:
General Guidance:
The Grantee shall provide general guidance and direction to the
Subgrantee concerning the intent and operation of programs
16
developed by the Grantee to be administered by the Subgrantee
under this Agreement.
Reports prepared by the Grantee's staff for presentation to City
Council relating to matters covered by this Agreement shall be
provided to the Subgrantee for review and comment as early as
possible before the day of the Council meeting.
Be
Existing Data:
The Grantee shall make available existing reports, maps, records
or other existing data that may assist the Subgrantee's
performance of services covered under this Agreement.
Ce
Pro~ect Planning:
Within a Redevelopment Area, public improvements, such as streets,
curb and gutter, public utilities, etc., unless otherwise approved
by the Grantee, shall be the responsibility of the Grantee.
Copies of the project plans may be obtained by the Subgrantee upon
request to the Grantee's City Engineer.
Non-Personnel Costs - Program Development:
Expenses relating to the development of a new program or the
continuation of an existing program not contained in Part I of
this Agreement may be furnished by the Grantee. Said expenses
shall not be incurred by the Subgrantee without written approval
of the Grantee.
17
PART IV - PERFOP~ANCE AND RECOP. D KEEPING:
ae
Time Period:
The Subgrantee shall commence the provision of the services
described in Part I of this Agreement as of July 1, 1989, and
continue through June 30, 1990. Reporting requirements and annual
audit shall cover the full program year period from July 1, 1989,
through June 30, 1990.
Reporting Requirements:
The Subgrantee shall report monthly, by the tenth (10th) working
day of each month, the progress of each activity covered by this
Agreement, using a reporting format acceptable to the Grantee's
Grants Monitoring Administrator. Such monthly reports shall
include, but not be limited to the following:
1. Activity report for each conservation area and rehabilitation
district, identifying units completed, dollars spent,
applications on file and applications being reviewed for each
program.
2. The general property maintenance activities undertaken by
project area.
3. List of gross program income receipts from all sources and
itemized disposition expenses on a quarterly basis.
4. List of loans delinquent and foreclosed, identifying property
by street address, total repayments made, outstanding loan
balance and amount of grant, if any.
5. Staff time expended on each program, as specified in Part II
18
D above.
6. Number and type of contacts for housing counseling, outreach
activities and workshops, seminars, meetings, etc.
PART V - THIRD PARTY COI~'£~CTS AND BIDS:
The Grantee shall not be obligated or liable hereunder to any party
other than the Subgrantee; however, unless otherwise directed by the
City Manager, all bid documents, contracts, contract amendments and
change orders between the Subgrantee and a third party which relate to
construction or consultant services to be performed by the Subgrantee
hereunder, must receive written authorization form the Grantee prior to
execution. The Grantee shall complete its review of documents
furnished by the Subgrantee within ten (10) working days of their
receipt.
PART VI - PERSONNEL:
The Subgrantee represents that it has, or will secure (limited to the
funds provided under this Agreement) all personnel required in
performing the services under this Agreement. Such employees shall not
be employees of or have any contractual relationship with the Grantee.
All of the services required hereunder will be performed by the
Subgrantee or under its supervision, and all personnel engaged in the
work shall be fully qualified to perform such services.
Should any position(s) funded in whole with CDBG funds become vacant,
the Subgrantee must provide the Grantee with written notification prior
19
to advertisement for new applicants and/or filling said vacant
position(s).
PART VII - COMPLIANCE Wl'r~FEDEI~ALREGULATIONS:
The Subgrantee agrees to abide by the HUD conditions for CDBG programs
as set forth in Attachment I, those described in 24 CFR 570.502, and
all other applicable federal regulations relating to specific programs
performed hereunder.
The Subgrantee shall submit all plans and specifications for projects
located in the Southwest Historic District in which there are any
federal funds involved, to the Grantee's Grants Monitoring
Administrator for review and approval as to impact on the historic
character of the District. All proposals for CDBG-assisted
rehabilitation in the City will be reviewed by the Grantee's Grants
Monitoring Administrator to determine the structure's eligibility for
inclusion on the National Register of Historic Places.
PART VIII - CONFLICT OF INTEREST:
No employee, agent, consultant, officer or appointed official of the
Subgrantee, who is in a position to participate in a decision-making
process or gain inside information with regard to any CDBG activities,
may obtain a personal or financial interest in or benefit from any of
the activities, or have an interest in any contract, subcontract or
agreement with respect thereto, or in the proceeds thereunder, either
for themselves, their family or business associates, during their
tenure or for one (1) year thereafter.
2O
PART IX - INDEb~qITYPROVISION:
The Subgrantee agrees to indemnify and hold harmless the Grantee, its
officers, agents and employees, from any and all claims legal actions
and judgments advanced against the Grantee and for expenses the Grantee
may incur in this regard, arising out of the Subgrantee's intentional
acts and negligent acts or omissions with respect to the rights or
privileges granted by the Grantee to the Subgrantee in this Agreement.
PART X - AMENDMENTS:
Either party to this Agreement may, from time to time, require changes
in the scope of services to be performed hereunder. Such changes which
are mutually agreed upon by and between the parties to this Agreement
shall be incorporated into written amendment to this Agreement.
PART xI - TEI~4INATION OF AG~RRMENT FOR CAUSE:
If either party to this Agreement should fail to fulfill in a timely
and proper manner its obligations under this Agreement, either party
shall thereupon have the right to terminate this agreement by giving
thirty (30) calendar days written notice of such termination to the
affected party and specifying the effective date thereof.
PART XII - GO~cNING LAW:
This Agreement shall be governed by laws
Virginia.
of the Commonwealth of
21
IN WITNESS WHEREOF, the Grantee and Subgrantee have executed this
Agreement as of the date first written above.
Attest:
City of Roanoke, Virginia (Grantee)
City Clerk
City Manager
Witness:
City of Roanoke Redevelopment and
Housing Authority (Subgrantee)
Executive Director
22
ATTACHMENTS TO AGREEMENT
ATTACHMENT A - Private Loan Subsidy Program Guidelines
ATTACHMENT B - Critical Home Repair Program Guidelines
ATTACHMENT C - Operation Paintbrush Program Guidelines
ATTACHMENT D - Rental Rehabilitation Program Guidelines
ATTACHMENT E - Home Purchase Assistance Program Guidelines
ATTACHMENT F - Owner-Occupied Rehabilitation Program Guidelines
ATTACHMENT G - Technical Assistance, Counseling and Services
ATTACHMENT H - Fairfax Avenue Clearance Program Guidelines
ATTACHMENT I - Required Federal Regulations
23
A~TACH~!ENT I
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES
(CONTRACTS OVER $10,000)
"Section 3" Compliance in the Provision of Training, Employment and Businest
Opportunities:
The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area
of the project.
B. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and urban Development set forth in 24 CFR 135, and all appli-
cable rules and orders of the Department issued thereunder prior to the
execution of this contract. The parties to this contract certify and
agree that they are under no contractual or other disability which would
prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous pla-
ces available to employees and applicants for employment or training.
D. The contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR Part
135 and will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the
project, binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors,
it successors and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is provided,
and to such sanctions as are specified by 24 CFR Part 135.
ATTACH~ENT I
Equal Employment Opportunity: Contracts subject to Executive Order 11246,
as amended: Such contracts shall be subject to HUD Equal Employment
Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted
construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-
exempt contract and subcontract for construction work, or modification
thereof as defined in said regulations, which is paid for in whole or in
part with assistance provided under this Agreement, the following equal
opportunity clause: "During the performance of this contract, the contrac-
tor agrees as follows:
The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin.
The contractor will take affirmative action to ensure that applicants
are employed and that employees are treated during employment without
regard to their race, color, religion, sex or national origin. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
section for training, including apprenticeship. The contractor agrees
to post in conspicuous places available to employees and applicants for
employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' repre-
sentatives of the contractor's commitment under this section and shall
post copies of the notice in conspicuous places available to employees
and applicants for employment.
The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations and relevant orders
of the Secretary of Labor.
The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regula-
tions and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records and accounts by the Department
and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
-2-
ATTACHe,lENT I
In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such rules, regu-
lations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the contractor may be declared ineli-
gible for further Government contracts or Federally-assisted construc-
tion contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately pre-
ceding paragraph (A) and the provisions of paragraphs (A) through (G) in
every subcontract or purchase order unless exempted by rules, regula-
tions or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Order 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as
the Department may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the
event a contractor becomes involved in or is threatened with litigation
with a subcontractor or vendor as a result of such direction by the
Department, the contractor may request the United States to enter into
such litigation to protect the interest of the United States."
The Subgrantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construction work; provided, that if
the Subgrantee so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency, instru-
mentality or subdivision of such government which does not participate
in work on or under the contract. The Sub§rantee agrees that it will
assist and cooperate actively with the Department and the Secretary of
Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations and relevant
orders of the Secretary of Labor; that it will furnish the Department
and the Secretary of Labor such compliance; and that it will otherwise
assist the Department in the discharge of its primary responsibility for
securing compliance.
The Subgrantee further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246
of September 24, 1965, with a contractor debarred from, or who has not
demonstrated eligibility for, Government contracts and Federally-
assisted construction contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation of the equal oppor-
tunity clause as may be imposed upon contractors and subcontractors by
the Department or the Secretary of Labor pursuant to Part II, Subpart D,
of the Executive Order. In addition, the Subgrantee agrees that if it
fails or refuses to comply with these undertakings, the Department may
take any or all of the following actions: cancel, terminate or suspend
in whole or in part the grant or loan guarantee; refrain from extending
any further assistance to the Sub§rantee under the Program with respect
to which the failure or refusal occurred until satisfactory assurance of
future compliance has been received from such Sub§rantee; and refer the
cause to the Department of Justice for appropriate legal proceedings.
-3-
ATTACH~E>IT I
Federal Labor Standards Provisions: Except with respect to the rehabilita-
tion of residential property designed for residential use for fewer than
eight families, the Subgrantee and all contractors engaged under contracts
in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu-
tion, completion or repair of any building or work financed in whole or in
part with assistance provided under this Agreement shall comply with HUD
requirements pertaining to such contracts and the applicable requirements of
the regulations of the Department of Labor under 29 CFR Parts 3 and 5,
governing the payment of wages and the ratio of apprentices and trainees to
journeymen; provided that if wage rates higher than those required under
such regulations are imposed by State or local law, nothing hereunder is
intended to relieve the Subgrantee of its obligation, if any, to require
payment of the higher rates. The Subgrantee shall cause or require to be
inserted in full in any such contracts subject to such regulations, provi-
sions meeting the requirements of 29 CFR 5.5.
No award of the contracts covered under this section of the Agreement shall
be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award
of such contract.
4. Nondiscrimination Under Title VI of the Civil Rights Act of 1964: This
Agreement is subject to the requirements of Title VI of the Civil Rights Act
of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part 1. In the sale, lease or other transfer
of land acquired, cleared or improved with assistance provided under this
Agreement, the Subgrantee shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex or national ori-
gin, in the sale, lease or rental, or in the use of occupancy of such land
or any improvements erected or to be erected thereon, and providing that the
Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
5. Obligations of Subgrantee with Respect to Certain Third-part~ Relationship..:
The Subgrantee shall remain fully obligated under the provisions of the
Agreement, notwithstanding its designation of any third party or parties for
the undertaking of all or any part of the program with respect to which
assistance is being provided under this Agreement to the Subgrantee. Any
Subgrantee which is not the Applicant shall comply with all lawful require-
ments of the Applicant necessary to insure that the program, with respect to
which assistance is being provided under this Agreement to the Subgrantee,
is carried out in accordance with the Applicant's Assurances and certifica-
tions, including those with respect to the assumption of environmental
responsibilities of the Applicant under Section 104(h) of the Housing and
Community Development Act of lg74.
Interest of Certain Federal Officials: No member of or delegate to the
Congress of the United States, and no Resident Commissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
-4-
ATTACHUENT I
Interest of Members~ Officers Employees of Subgrantee~ Members of Local
Government Bod~t or Other Publ~Offic~als: No member, officer or employee
of the Subgrantee, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure, or for one
(1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under the Agreement. The Subgrantee
shall incorporate, or cause to be incorporated, in ali such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes
of this section.
Prohibition Against Payments of Bonus or Commission: The assistance pro-
vided under this Agreement shall not be used in the payment of any bonus or
commission for the purpose of obtaining HUD approval of the application for
such assistance, or HUD approval or applications for additional assistance,
or any other approval or concurrence of HUD required under this Agreement,
Title I of the Housing and Community Development Act of 1974, or HUD regu-
lations with respect thereto; provided, however, that reasonable fees or
bona fide technical, consultant, managerial or other such services, other
than actual solicitation, are not hereby prohibited if otherwise eligible
as program costs.
"Section 109": This Agreement is subject to the requirements of Section
109 of the Housing and Community Development Act of 1974, 42 U.S.C.
3535(d). No person in the United States shall on the ground of race,
color, religion, sex or national origin be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds available under
this title.
10. Access to Records and Site of Employment: This Agreement is subject to the
requirements of Executive Order 11246, Executive Order 1375, Civil Rights
Act of 1964, as amended. Access shall be permitted during normal business
hours to the premises for the purpose of conducting on-site compliance
reviews and inspecting and copying such books, records, accounts, and other
material as may be relevant to the matter under investigation and pertinent
to compliance with the Order, and the rules and regulations promulgated pur-
suant thereto by the Subgrantee. Information obtained in this manner shall
be used only in connection with the administration of the Order, the admi-
nistration of the Civil Rights Act of 1964 (as amended) and in furtherance
of the purpose of the Order and that Act.
-5-
~lce o~ n~e 0~/Oe~
August 1, 1989
Fi le
Mr. ~. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 29693 authorizing you or
you, designee to e~ecute an agreement with Total Action Against
Poverty in the Roanoke Valley, Inc., fo, cooperative administra-
tion of the Emergency Home Repair Program, and to e~ecute certain
contracts between the City of Roanoke, Total Action Against
.Poverty in the Roanoke Valley, Inc., and individual property
owners, for the purpose of obtaining grants in an amount not to
e~ceed $2,000.00 unde, the Emergency Home Repair P,ogram, upon
certain terms and conditions. Ordinance No. 29693 was adopted by
the Council of the City of Roanoke at'a regula, meeting held on
Monday, July 24, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
Eneo
pc:
Mr. Theodore J. Edlich, III, E~eeutive Director, Total Action
Against Poverty in the Roanoke Valley, Inc., 702 Shenandoah
Avenue, N. W., Roanoke, Virginia 24017
Mr. William F. Clark, Director of Public Works
Mr. Ronald H. Miller, Building Corwnissioner/Zoning
Administrator
Mr. H. Daniel Pollock, Housing Development Coordinator
Ms. Marie T. Pontius, Grants ~onitoring Administrator
Room456 Mun~cipalBuildtng 2'tSCh,..zchAve,~ue S.W. Roano~e. Virg~nia2,4011 (703) g81-2.541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29693.
VIRGINIA,
AN ORDINANCE authorizing the City Manager or his designee to
execute an agreement with Total Action Against Poverty in the
Roanoke Valley, Inc., for the cooperative administration of the
Emergency Home Repair Program, and execute certain contracts be-
tween the City of Roanoke, Total Action Against Poverty in the
Roanoke Valley, Inc., and individual property owners, for the
purpose of obtaining grants in an amount not to exceed $2,000
under the Emergency Home Repair Program; upon certain terms and
conditions; and providing for an emergency.
BE IT ORDAINED by the Council of the City Of Roanoke that:
1. The City Manager or his designee and the City Clerk are
hereby authorized to execute and to seal and attest, respec-
tively, an agreement with Total Action Against Poverty in the
Roanoke Valley,.Inc., providing for the cooperative administra-
tion of the Emergency Home Repair Program, as requested in the
report of the City Manager dated July 24, 1989.
2. The City Manager or his designee and the City Clerk are
hereby authorized to execute and to seal and attest, respec-
tively, certain contracts between the City of Roanoke, Total
Action Against Poverty in the Roanoke Valley, Inc., and indivi-
dual property owners for the purpose of obtaining grants in an
amount not to exceed $2,000 under the Emergency Home Repair
Program, upon certain terms and conditions.
Roanoke, Virginia
3uly 24, 1959
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Background
Execution of)pntracts in the Emergency Home Repair Program
A. The Emergency Home Repair Program provides grant funds of up to
~2,000 per housing unit for emergency repairs to rental housing
units occupied by low-income families/individuals and which are in
danger of condemnation. In order to receive such a grant, a pro-
perty owner must:
l. certify that he cannot afford to make the repairs necessary to
avoid condemnation without increasing the tenant's rent,
2. agree not to raise the tenant's rent for one year after
repairs are made,
3. pledge a dollar for dollar match of grant funds for repairs.
B. City Council allocated $28~375 in CDBG fund:~ to account number
O35-088-8820-Si68 for this program by Ordinance No. 29637, on June
26, 1989. An additiona! $5~503 in CDBG funds carried over from FY
1987 is avail-able in account number 035-087-8720-5168 for program
use.
II. Current Situation
Execution of a general contract with Total Action Against Poverty
(TAP) is necessary in order to continue the program. According to
the terms of the agreement, TAP will:
1. assess tenant's income eligibility for the program,
2. perform the repair work necessary to avoid condemnation of the
unit,
3. perform Weatherization repairs to the unit where appropriate,
4. in exchange, /AP will receive a $200 administrative fee for
each repair grant.
Each repair grant requires execution of a separate three-party
gontract among the City as the provider of the grant funds, /AP as
the repair contractor, and the property owner authorizing the repairs,
agreeing not to increase the tenant's rent, and providing matching
funds.
C. In most cases, ~ identilied fo(~ Home
Priam will have conditio-~~ immediate ~
Page 2
II1.
ISsues
A. Consistency with the recommendations of the Housing Development
Strategic Plan Task Force Report.
B. Cost to the City.
C. Efficient and timely administration of the Emergency Home Repair
Program.
IV. Alternatives
Ao
Authorize the City Manager to execute an agreement with TAP for the
cooperative administration of the Emergency Home Repair Program
(Attachment A), the agreement to be approved as to form by the City
Attorney, and authorize the City Manager to execute individual
contracts for grants under the Emergency Home Repair Program as he
determines appropriate (Attachment B), each contract to be approved
as to form by the City Attorney.
1. Consistency with the recommendation-, of the Housing
Development Strategic Plan Task Force Report would be met.
2. Cost to the City is nothing beyond the $33,878 currently
allocated from CDBG funds.
Efficient and timely administration of the Emergency Home
Repair Program will be facilitated as TAP is experienced in
~ssessing tenant income eligibility, providing Weatherization
~mprovements, and in cost effective performance of repairs.
Efficient administration will be further enhanced by Council
authorizing Administrative approval of each contract, instead
of individual Council authorizations, so that repairs to
substandard rental property in danger of condemnation may be
achieved within 7 to 10 days of initial inspection.
Do not authorize the City Manager to execute an agreemenl with TAP
for the cooperative administration of the Emergency Home Repair
Program; and do not authorize the City Manager to execute individual
contracts for grants under the Emergency Home Repair Program as he
determines appropriate.
Page 3
Consistency with the recommendations of the Housing
Development Strategic Plan Task Force Report would not be met.
Impact on housing conditions would be negative as funding
would not be available to correct serious health and safety
hazards in substandard rental units occupied by low-income
citizens. Lack of limited repairs of serious deficiencies
may cause such units to be condemned, displacing low-income
tenants. Continuing deterioration of 20 - 30 low income
housing units in marginal condition could jeopardize their
usefulness.
Cost to the City would be nothing initially, but the long-term
effects of continued housing deterioration and abandonment
will continue to accrue.
Efficient and timely administration of the Emergency Home
Repair Program would be difficult to achieve without an
agreement with /AP to assess tenant eligibility and perform
repairs necessary to avoid condemnation of sustandard units.
Ability to make repairs quickly also would be dramatically
hindered by the requirement of obtaining individual approval
of contracts for grants from City Council, as such approval
may require 2 weeks or more to obtain, before repairs may
begin.
V. Recommendation
WRH:BC
CC:
Adopt alternative A, thereby authorizing the City Manager or his
designee to execute an agreement with Total Action Against Poverty in
the Roanoke Valley, Inc. (TAP) for the cooperative administration of
the Emergency Home Repair Program (Attachment A), the agreement to be
approved as to form by the City Attorney, and authorize the City
Manager or his designee to execute individual contracts for grants
under the Emergency Home Repair Program as he determines appropriate
(Attachment B), each contract to be approved as to form by the City
Attorney.
Respectfully submitted,
· . Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Public Works
Building Commissioner
Housing Development Coordinator
Grants Monitoring Administrator
Executive Director~ Total Action Against Poverty
ATTACHMENT A
AGREEMENT
made this __2Qth day of July,
between the Grantee:
1989,
City of Roanoke, Virginia
215 Church Avenue, S.~.
Roanoke, VA 24011
and the Contractor:
Total Action Against Poverty
in the Roanoke Valley, Inc.
702 Shenandoah Avenue, N.~.
Roanoke, VA 24017
q/hereas, the Roanoke City Council has allocated $28,375 of Community
Development Block Grant funds for the Emergency Home Repair Program by
Resolution No. 29637, approved 3une 26, I989, and an additional $5,503 in
funds carried over from FY 1987 is available for program use; and CDBG
Whereas, the Roanoke City Council on 3uly 24, 1989 reviewed and
approved, by Ordinance No. , the execution of a contract between the
City and Total Action Against Poverty (TAP) concerning operation of the
Emergency Home Repair Program; and
~/hereas, TAP is experienced in providing services to and on behalf of
citizens of low and moderate income, including verifying general eligibility
of assistance programs, and in performing or arranging for the performance of
residential repair and rehabilitation and is the sole agency authorized to
administer the federally-funded ~/eatherization program in the City of Roanoke;
and
Now, therefore, the City and TAP do mutually agree as follows:
A. Scope of Services: Utilizing funds as appropriated and made available
by the City, but not exceeding $33,878, and ~/eatherization funds as
available to TAP in the City from Virginia's ~/eatherization program,
available through the Virginia Association of Community Action Agencies,
TAP shall verify income of residents of certain rental properties
identified by the City, and shall provide repair services to the Owners
of such property as authorized by the City.
B. Procedure:
In the course of its enforcement of the Building Maintenance Code,
the City may discover rental residential units, occupied by very
low income household tenants, that have imminent health and safety
hazards or barriers to habitability. For the purposes of the
Emergency Home Repair Program and this agreement, "very low income
household', is defined as a household having income not exceeding
50% of area median household income, adjusted for household size
as established by the U.S. Department of Housing and Urban
Development.
Page 2
2. Building inspectors of the City shall:
a. Identify the repairs necessary in order to avoid condemnation
and an order to vacate the unit;
Contact the property-owner and obtain from him/her written
certification that he/she cannot afford to make repairs, at
least without rent increases, and written a§reement not to
increase the rent due to the repairs for one year after repairs
are made, and further, to agree to pay the grant back to the
City in the event that the rent is increased due to the repairs
for one year after repairs are made; and
c. Refer the instance to TAP.
3. TAP shall:
a. Verify the income eligibility of the tenants for this program
and its Weatherization program;
b. Verify the approximate cost of identified repairs;
c. Determine work eligible to be performed under terms of its
Weatherization program, if tenants meet income and all other
qualifications for that program;
d. Execute, with the City and the owner of the unit an agreement
to include the following:
I. specifications of the work to be done under the program,
a maximum time of completion, and a price for the v~ork
to be performed;
a stipulation that the property-owner will not raise the
rent due to the repairs for one year after repairs are
made, that the property-owner pledge a dollar for dollar
match of grant funds for repairs, and that the property-
owner will be responsible for paying this grant back to the
City should he/she violate this stipulation;
that the City will make a grant of up to $2,000 per unit
for repairs necessary to avoid condemnation and vacation;
and,
e. Arrange for repairs to be made expeditiously.
Compensation and Methods of Payments:
1. Total Cost: The total of all payments from the City to TAP under
the terms of this contract shall not exceed $33,878, including
materials, expenses to TAP's subcontractors, building permits,
administrative cost, and any other allowable costs.
~age 3
Subcontractors: TAP may use other private subcontractors to per-
form work elements TAP is not qualified or able to do, the cost to
be paid by the City under the terms of this contract to count
toward the $33,878 limit, with a limit of $2,000 per unit.
TAD shall obtain a minimum of two (2) competitive bids or written
price quotations for each contracted repair job, and will award
the work to the lowest reputable bidder able to perform within
a reasonable time.
3. TAP may charge an administrative fee to the City, in addition to
the direct charge of the contracted work performed under this
program. Such administrative fees shall not exceed $200 per unit.
Submission of Invoices: Reimbursement of allowable expenses shall
be paid to TAP by the City within fifteen (15) working days from
receipt of the final invoice from TAP.
Such final invoice may not be submitted by /AP or accepted by the
City before inspection and acceptance of the completed work by the
City Building Department.
Time of Performance: The term of this agreement shall not extend
beyond the earliest of June 30, 1990; expenditure of all of the funds
allocated to the Program by the City; or cancellation by either party
as provided in Section 0 infra.
Compliance with Federal Regulations: The Subgrantee agrees to abide by
the HUD conditions for CDBG programs as set forth in the Attachment,
and all other applicable federal regulations relating to the specific
program performed hereunder.
F. Conflict of Interest: No employee, agent, consultant, officer or
appointed official of TAP who is in a position to participate in a
decision-making process or gain inside information with regard to any
CDBG activities, may obtain a personal or financial interest in or
benefit from any of the activities, or have an interest in any
contract, subcontract or agreement with respect thereto, or in the
proceeds thereunder, either for themselves, their family or business
associates, during their tenure or for one (1) year thereafter,
G. Hold Harmless Agreement: TAP shall hold the City, its officers,
agents, and employees harmless from any and all damages, losses,
expenses and claims that may arise by reason of any act or omission
on the part of /AP, its agents or employees, or on the part of any
party with whom TAD enters into a contract for work performed pursuant
to this Agreement.
TAP shall require any such subcontractor to hold TAP and the City,
its officers, agents, and employees harmless from any and all damages,
losses, expenses and claims that may arise by reason of any negligence
on the part of the subcontractor, its agents or employees, or on the
part of any party with whom TAP enters into a contract for work
performed pursuant to this Agreement.
Page
H. Liability Insurance Coverage: TAP is required to provide comprehensive
liability insurance coverage to protect TAP, the City) the City's
of:ficers, agents and employees and the homeowner :for not less than
$500,000.00 for bodily injury, including accidental death, to any one
person and not less than $1,000,000.00 on account o:f any one
occurrence. TAP will also provide property damage insurance in an
amount not less than $100)000.00 per occurrence and $200,000.00 per
aggregate. TAP shall also provide workmen's compensation insurance as
required by the Workmen's Compensation Law o:f Virginia. TAP shall
furnish evidence of its insurance coverage to the City.
TAP will also require all subcontractors to carry comprehensive
liability insurance :for the protection of the parties and in the
amounts of not less than $250,000.00 in the event o:f bodily injury
including death and $50,000.00 in the event of property damage. TAP
shall also require all subcontractors to carry workmen's compensation
insurance as required by the 'Workmen's Compensation Law of Virginia.
The amount o:f such insurance shall not be construed as a limit upon
the obligation of TAP, a subcontractor o:f TAP's or on the part o:f any
party with whom TAP contracts :for work per:formed pursuant to this
Agreement. Therefore, TAP's coverage should provide :for all liability
assumed by TAP under this Agreement.
I. Uniform Administrative Requirements: The subgrantee shall comply with
the requirements and standards o:f OMB Circular No. A-122, "Cost
Principles for Non Profit Organizations" and with the :following
Attachments to OMB Circular No. A-il0, i:f applicable: Attachment
"Cash Depositories"; Attachment B, "Bonding and Insurance,,; Attachment
er "Retention and Custodial Requirements :for Records") Attachment
"Standards for Financial Systems"; Attachment H, "Monitoring and
Reporting Program Per:formance)" paragraph 2; Attachment N, "Property
Management Standards"; and Attachment O, "Procurement,,.
J. Prol~ram Income: "Program Income" means gross income received by the
Grantee or Subgrantee directly generated from the use o:f CDBG funds.
Program income :from any and all sources shall be submitted to the City
within five (5) working days o:f its receipt by the Subgrantee. Program
income does not include funds provided by property owners as a match
:for the rehabilitation grant.
K. Records and Reports: The subgrantee shall maintain full and accurate
records with respect to all matters covered under this Agreement. All
records pertaining to this Agreement and the services per:formed pur-
suant to it, shall be retained for a period of three (3) years
the expiration date of this Agreement or its amendments. Appropriate
City and/or HUD personnel shall have :free access to those records
during the Agreement duration and the followi:g three-year time period.
Page
Me
The Subgrantee shall submit quarterly reports to the Grantee's Office
of Grants Compliance. Such reports shall consist of an accounting of
funds committed and expended from each funding source for the period~
and a report on families and persons benefiting from the grants.
Format of reports will be mutually agreed upon by Grantee and Subgrantee.
Reversion of Assets: Upon expiration of this Agreement, or amendments
thereto, the 5ubgrantee shall transfer to the City any CDE~G funds or
program income on hand at the time of expiration and any accounts
receivable attributable to the use of CDBG funds.
Annual Audit and Monitoring: The Subgrantee shall provide tot an
annual independent audit of all CDBG expenditures covered by the
Agreement. Copies of said audit report shall be furnished to the
Grantee's City Manager and Director of Finance within thirty (30) days
of completion of the audit.
Third Party Contracts: The City shall not be obligated or liable
hereunder to any party other than TAP. 'All contracts between TAP and
a third party shall include a provision that the City is not obligated
or liable thereon to any party other than TAP.
Cancellation Clause: In the event either party should fail to carry
out the provisions and intentions of this Agreement and its
attachments, the other party may~ by a written ten (10) day notice~
cause this contract to be cancelled. Likewise, should either party
determine that it cannot successfully carry out its portion of the
program~ the Agreement may be cancelled with a written ten (10) day
notice to the other party. Such notices shall be either delivered by
hand or mailed to the parties as follows:
I. In the case of the City, be addressed or delivered to the:
City Manager
215 Church Avenue SW
Roanoke, VA 2401!
In the case of TAP, be addressed to or delivered to the:
Executive Director
702 Shenandoah Avenue NW
Roanoke, VA 24017
In the event of such cancellation, projects underway or for which TAP
has made commitments to subcontractors will be completed by TAP as
otherwise provide in this Agreement.
Page 6
Amendments: The City may, from time to time, require changes in the
scope of the services of TAP to be performed hereunder. Such changes
and any other changes as mutually agreed upon by the City and TAP,
shall be incorporated in written amendment to this Agreement.
In Witness Whereof, the City and TAP have executed this Agreement as of
the date first above written.
City of Roanoke
Attest
W. Robert Herbert
City Manager
Total Action Against Poverty in the
Roanoke Valley, Inc.
Attest
Theodore J. Edlich, III
Executive Director
U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
GRANT AGREEMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
SPECIAL TERMS AND CONDITIONS FOR SUBGRANTEES
(CONTRACTS OVER $10,000)
"Section 3" Compliance in the Provision of Training, Employment and Busines..
Opportunities:
The work to be performed under this contract is on a project assisted
under a program providing direct Federal financial assistance from the
Department of Housing and Urban Development and is subject to the
requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 170 lu. Section 3 requires that to the
greatest extent feasible opportunities for training and employment be
given lower income residents of the project area and contracts for work
in connection with the project be awarded to business concerns which are
located in, or owned in substantial part by persons residing in the area
of the project.
B. The parties to this contract will comply with the provisions of said
Section 3 and the regulations issued pursuant thereto by the Secretary
of Housing and urban Development set forth in 24 CFR 135, and all appli-
cable rules and orders of the Department issued thereunder prior to the
execution of this contract. The parties to this contract certify and
agree that they are under no contractual or other disability which would
prevent them from complying with these requirements.
C. The contractor will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, if any, a notice advising the said labor
organization or workers' representative of his commitments under this
Section 3 clause and shall post copies of the notice in conspicuous pla-
ces available to employees and applicants for employment or training.
D. The contractor will include this Section 3 clause in every subcontract
for work in connection with the project and will, at the direction of
the applicant for or recipient of Federal financial assistance, take
appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the Secretary of
Housing and Urban Development 24 CFR Part 135. The contractor will not
subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 CFR Part
135 and will not let any subcontract unless the subcontractor has first
provided it with a preliminary statement of ability to comply with the
requirements of these regulations.
E. Compliance with the provisions of Section 3, the regulations set forth
in 24 CFR Part 135, and all applicable rules and orders of the
Department issued hereunder prior to the execution of the contract,
shall be a condition of the federal financial assistance provided to the
project, binding upon the applicant or recipient for such assistance,
its successors and assigns. Failure to fulfill these requirements shall
subject the applicant or recipient, its contractors and subcontractors,
it successors and assigns to those sanctions specified by the grant or
loan agreement or contract through which Federal assistance is provided,
and to such sanctions as are specified by 24 CFR Part 135.
De
Equal Emploj4nent Opportunity: Contracts subject to Executive Order 11246~
as amended: Such contracts s~all be subject to HUD Equal EmploymenE
Opportunity regulations at 24 CFR Part 130 applicable to HUD-assisted
construction contracts.
The Subgrantee shall cause or require to be inserted in full in any non-
exempt contract and subcontract for construction work, or modification
thereof as defined in said regulations, which is paid for in whole or in
part with assistance provided under this Agreement, the following equal
opportunity clause: "During the ~erformance of this contract, the contrac-
tor agrees as follows:
The contractor will not discriminate against any employee or applicant
for employment because of race, color, religion, sex or national origin.
The contractor will take affirmative action to ensure that applicants
are employed and that employees are treated during employment without
regard to their race, color, religion, sex or national origin. Such
action shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and
section for training, including apprenticeship. The contractor agrees
to post in conspicuous places available to employees and applicants for
employment, notices to be provided by the contracting officer setting
forth the provisions of this nondiscrimination clause.
The contractor will, in all solicitations or advertisements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided by the Contract
Compliance Officer advising the said labor union or workers' repre-
sentatives of the contractor's commitment under this section and shall
post copies of the notice in conspicuous places available to employees
and applicants for employment.
The contractor will comply with all provisions of Executive Order 11246
of September 24, 1965, and of the rules, regulations and relevant orders
of the Secretary of Labor.
The contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965, and by the rules, regula-
tions and orders of the Secretary of Labor, or pursuant thereto, and
will permit access to his books, records and accounts by the Department
and the Secretary of Labor for purposes of investigation to ascertain
compliance with such rules, regulations and orders.
-2-
In the event of the contractor's noncompliance with the non-
discrimination clauses of this contract or with any of such rules, regu-
lations or orders, this contract may be canceled, terminated or
suspended in whole or in part, and the contractor may be declared ineli-
gible for further Government contracts or Federally-assisted construc-
tion contract procedures authorized in Executive Order 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of
Labor, or as otherwise provided by law.
The contractor will include the portion of the sentence immediately pre-
ceding paragraph (Al and the provisions of paragraphs (Al through (Gl in
every subcontract or purchase order unless exempted by rules, regula-
tions or orders of the Secretary of Labor issued pursuant to Section 204
of Executive Jrder 11246 of September 24, 1965, so that such provisions
will be binding upon each subcontractor or vendor. The contractor will
take such action with respect to any subcontract or purchase order as
the Department may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the
event a contractor becomes involved in or is threatened with litigation
with a subcontractor or vendor as a result of such direction by the
Department, the contractor may request the United States to enter into
such litigation to protect the interest of the United States."
The Subgrantee further agrees that it will be bound by the above equal
opportunity clause with respect to its own employment practices when it
participates in Federally-assisted construction work; provided, that if
the Subgrantee so participating is a State or local government, the
above equal opportunity clause is not applicable to any agency, instru-
mentality or subdivision of such government which does not participate
in work on or under the contract. The Subgrantee agrees that it will
assist and cooperate actively with the Department and the Secretary of
Labor in obtaining the compliance of contractors and subcontractors with
the equal opportunity clause and the rules, regulations and relevant
orders of the Secretary of Labor; that it will furnish the Department
and the Secretary of Labor such compliance; and that it will otherwise
assist the Department in the discharge of its primary responsibility for
securing compliance.
The Subgran-tee further agrees that it will refrain from entering into
any contract or contract modification subject to Executive Order 11246
of September 24, 1965, with a contractor debarred from, or who has n'ot
demonstrated eligibility for, Government contracts and Federally-
assisted construction contracts pursuant to the Executive Order and will
carry out such sanctions and penalties for violation of the equal oppor-
tunity clause as may be imposed upon contractors and subcontractors by
the Department or the Secretary of Labor pursuant to Part II, Subpart D,
of the Executive Order. In addition, the Subgrantee agrees that if it
fails or refuses to comply with these undertakings, the Department may
take any or all of the following actions: cancel, terminate or suspend
in whole or in part the grant or loan guarantee; refrain from extending
any further assistance to the Subgrantee under the Program with respect
to which the failure or refusal occurred until satisfactory assurance of
future compliance has been received from such Subgrantee; and refer the
cause to the Department of Justice for appropriate legal proceedings.
-3-
Federal Labor Standards Provisions~ Except with respect to the rehabilita-
tion of residential property designed for residential use for fewer than
eight families, the Subgrantee and all contractors engaged under contracts
in excess of Two Thousand Dollars ($2,000.00) for the construction, prosecu-
tion, completion or repair of any building or work financed in whole or in
part with assistance provided under this Agreement shall comply with HUD
requirements pertaining to such contracts and the applicable requirements of
the regulations of the Department of Labor under 29 CFR Parts 3 and 5,
governing the payment of wages and the ratio of apprentices and trainees to
journeymen; provided that if wage rates higher than those required under
such regulations are imposed by State or local law, nothing hereunder is
intended to relieve the Subgrantee of its obligation, if any, to require
payment of the higher rates. The Subgrantee shall cause or require to be
inserted in full in any such contracts subject to such regulations, provi-
sions meeting the requirements of 29 CFR 5.5.
No award of the contracts covered under this section of the Agreement shall
be made to any contractor who is at the time ineligible under the provisions
of any applicable regulations of the Department of Labor to receive an award
of such contract.
4. Nondiscrimination Under Title VI of the Civil Rights Act of 1961: This
~greement is subject to the requirements of Title VT of the Civil Rights Act
of 1964 (P.L. 88-352) and HUD regulations with respect thereto, including
the regulations under 24 CFR Part i. In the sale, lease or other transfer
of land acquired, cleared or improved with assistance provided under this
Agreement, the Subgrantee shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting
discrimination upon the basis of race, color, religion, sex or national ori-
gin, in the sale, lease or rental, or in the use of occupancy of such land
or any improvements erected or to be erected thereon, and providing that the
Subgrantee and the United States are beneficiaries of and entitled to
enforce such covenant. The Subgrantee, in undertaking its obligation in
carrying out the program assisted hereunder, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
5. Obligations of Subgrantee with Respect to Certain Third-part~ Relationships:
The Subgrantee shall remain fully obligated under the provisions of the
Agreement, notwithstanding its designation of any third party or parties for
the undertaking of all or any part of the program with respect to which
assistance is being provided under this Agreement to the Subgrantee. Any
Subgrantee which is not the Applicant shall comply with all lawful require-
ments of the Applicant necessary to insure that the program, with respect to
which assistance is being provided under this Agreement to the Subgrantee,
is carried out in accordance with the Applicant's Assurances and certifica-
tions, including those with respect to the assumption of environmental
responsibilities of the Applicant under Section 104(h) of the Housing and
Community Development Act of 1974.
e
Interest of Certain Federal Officials: No member of or delegate to the
Congress of the United States, and no Resident Co~nissioner, shall be
admitted to any share or part of this Agreement or to any benefit to arise
from the same.
-4-
o
Interest of Members~ Officers or Employees of Subgrantee~ Members of Local
~vernment Bod~ or Other Public Offic~alf: No member, officer or employee
the Subgrantee, or its designees or agents, no member of the governing
body of the locality in which the program is situated, and no other public
official of such locality or localities who exercises any functions or
responsibilities with respect to the program during his tenure, or for one
(1) year thereafter, shall have any interest, direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be performed
in connection with the program assisted under the Agreement. The Subgrantee
shall incorporate, or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to the purposes
of this section.
Prohibition Against Payments of Bonus or Commission: The assistance pro-
vided under this Agreement shall not be used in the payment of any bonus or
commission for the purpose of obtaining HUD approval of the application for
such assistance, or HUD approval or applications for additional assistance,
or any other approval or concurrence of HUD required under this Agreement,
Title I of the Housing and Community Development Act of 1974, or HUD regu-
lations with respect thereto; provided, however, that reasonable fees or
bona fide technical, consultant, managerial or other such services, other
than actual solicitation, are not hereby prohibited if otherwise eligible
as program costs.
ge
"Section 109': This Agreement is subject to the requirements of Section
109 of the Housing and Co~nunity Development Act of 1974, 42 U.S.C.
3535(d). No person in the United States shall on the ground of race,
color, religion, sex or national origin be excluded from participation in,
be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds available under
this title.
10. Access to Records and Site ~f Emplo~ent: This Agreement is subject to the
requirements of Executive urder 11246, Executive Order 1375, Civil Rights
Act of 1964, as amended. Access shall be permitted during normal business
hours to the premises for the purpose of conducting on-site compliance
reviews and inspecting and copying such books, records, accounts, and other
material as may be relevant to the matter under investigation and pertinent
to compliance with the Order, and the rules and regulations promulgated pur-
suant thereto by the Subgrantee. Information obtained in this manner shall
be used only in connection with the administration of the Order, the admi-
nistration of the Civil Rights Act of 1964 (as amended) and in furtherance
of the purpose of the Order and that Act.
-5-
ATTACHMENT B
AGREEMENT
Made this
Between the City:
day of
and TAP:
and the Owner:
City of Roanoke, Virginia
215 Church Avenue SW
Roanoke, Virginia 20011
Total Action Against
Poverty in the Roanoke
Valley, Incorporated
702 Shenandoah Avenue NW
Roanoke, Virginia 20017
Concerning a certain rental property (Hereinafter the "Property") in the
City of Roanoke, identified as Official Tax Map Number
described as
, located at
WHEREAS, the Owner hereby certifies he/she/they own the Property and rent it
for residential use) and
WHEREAS, the City has inspected the property and has determined it to be in
noncompliance with the Building Maintenance Code and in serious need of repairs
or condemnation; and
WHEREAS, TAP has determined that the current tenants of the property have
incomes not exceeding 50% of the median family income for the Roanoke areal and
WHEREAS, the Owner certifies he/she/they cannot afford to make the necessary
repairs without increasing rents charged to the current tenants; and
WHEREAS, the City is willing to pay up to $2,000.00 under the Emergency Home
Repair Program to make necessary repairs to the property, if the Owner agrees to
certain conditions;
THEREFORE, the parties to the Agreement do mutually agree as follows:
I. RESPONSIBILITIES OF TAP
1. As a licensed contractor, TAP will perform or arrange to have performed the
following repairs:
at a total cost of (S
TAP will insure that all applicable building permits are obtained for the work
to be performed.
Page 2
2. In addition, TAP will perform the following Weatherization repairs:
3. TAP agrees to complete the repairs within days of the execution
of this Agreement by all parties. Upon completion, TAP will notify the City
Building Department and the Owner.
II. RESPONSIBILITIES OF THE CITY
Upon completion of the repair work by TAP and notification to the City Building
Department, the City will verify satisfactory completion of the work specified
under Section I (1) of this Agreement. Upon submission of an invoice letter by
TAP to the City, the City will pay TAP the sum of (not to exceed $2000)
($ ) within 15 days of the receipt of the
invoice for completed work. This payment to TAP for completed work will not
constitute a lien against the property and will not be repayable by the Owner
except in the event of his/her failure to fulfill his/her responsibilities as
provided in Section III.
III. RESPONSIBILITIES OF THE OWNER
As party' to this Agreement, the Owner authorizes TAP and its subcontractors
to make repairs and improvements as identified in Section I, and to provide
TAP and its subcontractors access to the property at reasonable times for
the purposes of performing the repair work, and the City for inspection of work
after completion.
The Owner agrees to pay the sum of
($ ) to TAP upon completion of
repairs and its acceptance by the City and the Owner. Owner shall pay such
costs within 15 days of the notice from TAP to the City and the Owner of
completion of such work.
In consideration fo~ the work performed by TAP as identified in Section I,
and payment for such work by the City as provided in Section II, the Owner
agrees to refrain from any rent increases due to the repair work paid for by
the City for a period of one year from the date of the completion of the work
as certified by TAP and accepted by the City. Furthermore, the Owner agrees
not to evict or otherwise request the tenant to leave the property for a period
of one year from the date of completion of the work, providing the tenant
complies with all his/her obligations and responsibilities under the Lease
Agreement with the Owner. The Owner agrees to execute a promissory note to the
City for repayment to the City in the event of non-compliance with these provi-
sions.
Page 3
IV. HOLD HARMLESS AGREEMENT
TAP and the Owner shall hold the City, its officers, agents, and employees
harmless from any and all damages, losses, expenses, and claims that may
arise by reason of any act or omission on the part of TAP, its agents or
employees, or on the part of any party with whom TAP enters into a contract for
work performed persuant to this Agreement.
TAP shall require any such contractor to hold TAP and the City, its offi-
cers, agents and employees harmless in any and all damages, losses, expen-
ses, and claims that may arise by reason of any negligence on the part of
the subcontractor, its agents, or employees, or on the part of any party
with whom TAP enters into a contract for work performed persuant to this
Agreement.
V. THIRD PARTY CONTRACTS
The City shall not be obligated or liable to any party other than TAP and
the Owner. A11 contracts between TAP and a third party shall include a pro-
vision that the City is not obligated or liable thereon to any party other
than TAP and the Owner.
VI. LIABILITY INSURANCE COVERAGE
TAP is required to provide comprehensive liability insurance coverage to
protect TAP, the City, the City's officers, agents and employees, and the
Owner for not less than $500,000.00 for bodily injury including accidental
death to any one person and not less than SI,000,000.00 on account of any
one occurrance. TAP will also provide property damage insurance in an amount
of not less than SI00,000.00 per occurrance and $200,000.00 per aggregate.
TAP will also require all subcontractors to carry comprehensive liability
insuance for the protection of parties and in the amount of not less than
$250,000.00 in the event of bodily injury including death and $50,000.00 in
the event of property damage.
VII. CANCELLATION CLAUSE
In the event any party should fail to carry out any provision or intention
of this Agreement and its attachments, either of the other parties may, by a
written 10-day notice cause this Agreement to be cancelled. Likewise should
any party determine that it cannot successfully carry out its portion of the
Agreement, the Agreement may be cancelled by a written 10-day notice to the
other two parties. However, in the event of such cancellation due to the lack
of performance by a party hereto, such party shall reimburse the other parties
for costs they have incurred in good faith and reasonable expectation of the
fulfillment of this Agreement by all parties.
Such notices shall be either delivered by hand or mailed to the parties as
follows:
Page
1. In the case of TAP, be addressed or delivered to the:
Executive Director
702 Shenandoah Avenue NW
Roanoke, Virginia 2~017
2. In the case of the City, be addressed or delivered to the:
City Manager
E~oom 170 215 Church Avenue SW
Roanoke, Virginia 24011
3. In the case of the Owner, be addressed to or delivered to:
VIII. AMENDMENTS
Any changes as mutually agreed upon among the City, TAP, and the Owner shall
be incorporated in written amendment to this Agreement.
IN WITNESS WHEREOF, the City, TAP, and the Owner have executed this
Agreement as of the date first written above.
Owner(s): TAP:
Witness:
Date:
Date:
City of Roanoke:
Date~
pRONISSORY NOTE
FOR VALUE RECEIVED, the undersigned promises to pay to the
CITY OF ROANOKE, VIRGINIA, on order, at its municipal offices in
the said City, the principal sum of
DOLLARS ($ )
~ithout interest. If the undersigned compliee with all of the
terms and conditione contained in Section III of the agreement
between the City of Roanoke, TOTAL ACTION AGAINST POVERTY and
the undersigned, for the performance of repair work on certain
property of the undersigned under the Emergency Home Repair
Program, executed on , 19 , and incorporated
herein, the entire debt will be deemed to have been satisfied and
will be forgiven by the City as of ,, , 19
If there be a breach of the terms and conditions contained in
Section III of the agreement between the City of Roanoke, Total
Action Against Poverty and the undersigned for the performance of
repair work on certain property of the undersigned under the
Emergency Home Repair Program, executed on
19 , and incorporated herein, the entire ~rlnclple shall, at '
the option of the holder of this Note, immediately become due and
payable for all purposes whatsoever, and its collection may be
enforced by any remedy at law or in equity. The terms and con-
ditions of said agreement are made a part hereof and shall
control in the interpretation and enforcement of this Note.
The time of payment of all or any part of the debt hereby evi-
denced may be extended or renewed from time to time by the holder
hereof, and no such extension or renewal shall in any wise
release or affect the liability of anyone in any way liable for
the payment hereof.
Homestead and all other exemptions, presentment, protest and
notice of dishonor are hereby ~aived by the undersigned and by
all persons now or hereafter in any way liable for the payment of
this debt.
If the debt hereby evidenced be not paid as it matures and is
collected by suit or attorney, it is further agreed that there
shall be paid hereunder as an attorney's fee for such collection
18~ of the amount then due which is hereby agreed upon as a
reasonable charge.
The makers shall have the privilege to repay the entire prin-
cipal amount hereof without premium.
(SEAL)
(SEAL)
STATE OF VIRGINIA
S To-Wit:
CITY OF ROANOKE
The foregoing Promissory Note
day of , 19
was acknowledged before me this
. , by
My Commission expires:
Notary Public
2of2
Or, ce of the City Oerk
August lo 1989
File #192-70
Mr. Carson Driggs
Fire and Security Sales Engineer
Honeywell, Inc.
8975 Three Chopt Road
Richmond, Virginia 23229
Dear Mr. Driggs:
I am enclosing copy of Ordinance No. 29695 accepting the bid of
Honeywell, Inc., in the total amount of $29,541.00, for the remo-
deling of the fire alarm system at the Roanoke Civic Center
· Auditorium in order to meet fire code requirements, upon certain
terms and conditions. Ordinance No. 29695 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
Sincerely,
Mary F. Pa~ker, CMC
City Clerk
MFP:sw
Enco
pc:
Mr. W. Robert He~be,t, City Manager
Mr. Joel M. Schtange,, Director of Finance
Mr. George C. Snead, Jr., Director of Administration
Public Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
Mr. William F. Cia,k, Director of Public Works
~{r. Charles M. Huffine, City Enginee,
Ms. Sarah E. Fittono Construction Cost Technician
Mr. William M. Muttine, Manager, Signals and Alarms
and
Room456 MunicipalBuildlng 215C~urchAve~ue.S.W. Roano~e.'virg,nla24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of July, 1989.
No. 29695.
AN ORDINANCE accepting the bid of Honeywell, Inc., for the
remodeling of the fire alarm system at the Roanoke Civic Center
Auditorium to meet fire code requirements, upon certain terms and
conditions, and awarding a contract therefor as a sole source pro-
curement; authorizing the proper City officials to execute the
requisite contract for such work; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. Honeywell, Inc., has been determined to be the only source
practically available to remodel the City's fire alarm system in
the Civic Center Auditorium and provide it with an Underwriter
Laboratories (UL) listing which will enhance public safety and
maintain the City's eligibility for fire insurance rate reduction.
2. The bid of Honeywell, Inc., made to the City, in the total
amount of $29,541.00 for remodeling the fire alarm system at the
Roanoke Civic Center Auditorium to meet fire code requirements,
such bid being in full compliance with the City's plans and speci-
fications made therefor and as provided in the contract documents
offered said bidder, which bid is on file in the Office of the City
Clerk, be and is hereby ACCEPTED.
3. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized on behalf of the City to execute
and attest, respectively, the requisite contract with Honeywell,
Inc., based on its proposal made therefor and the City's specifica-
tions made therefor, said contract to be in such form as is
approved by the City Attorney, and the cost of said work to be paid
for out of funds heretofore or simultaneously appropriated by
Council.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this
ordinance shall be in full force and effect upon its passage.
ATTEST:
City Clerk.
August i, 1989
File t60-192-70
Mr. Joel M. Schtanger
Director of Finance
Roanoke, Virginia
Dear M,. Schlanger:
I am attaching copy of Ordinance No. 29894 amending and reor-
daining certain sections of the 1989-90 Civic Center Fund
Appropriations, providing for the appropriation of $29,541.00 to
Capital Outlay from Revenue - Fi,e Alarm System, in connection
with award of a contract to Honeywell, Inc., for remodeling the
Fire Alarm System at the Roanoke Civic Center. Ordinance Ho.
29694 was adopted by the Council of the City of Roanoke at a
regular meeting held on Monday, July 24, 1989.
Sincerely,
Mary Fo Parker,
City Clerk
CMC
MFP:$w
Enco
pc: Mr. W. Robert Herbert, City Manager
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Bob E. Chapman, Manager, Civic Facilities
Mr. William F. Clark, Director of Public Works
Mr. Charles M. IIuffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Mr. William M. Muttins, Manager, Signals and Alarms
Room 456 Mun~ci!~al Building 2t5 Church Av~"~ue, SW. Roanol,,e, ~rg,nia 2401 t ('/03) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of July, 1989.
No. 29694.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 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
Roanoke that certain sections of the 1989-90 Civic
Appropriations, be, and the same are hereby,
reordained to read as follows, in part:
the City of
Center Fund
amended and
Appropriations
Capital Outlay From Revenue Fire Alarm System (1) ..............................
$ 275,641
29,541
Retained Earnings
Retained Earnings - Unrestricted (2) ............... $ 1,894,425
1) Appropriated from
General Revenue
2) Retained Earnings
- Unrestricted
(005-050-8627-9003) $ 29,541
(005-3336) (29,541)
BE IT FURTHER ORDAINED that, an emergency existing, this
Ordinance shall be in effect from its passage.
ATTEST:
City Clerk.
Roanoke, Virginia
July 24, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
City Manager's Report
Remodel Fire Alarm System
to Meet Present Code Requirements
Civic Center Auditorium
I. Backsround:
Civic Center is anticipating a remodeling program in the near
future. In addition a new elevator for the handicapped and
other related use is being constructed. This work requires
by Code that the Fire Alarm System be remodeled to be brought
into compliance with present day Code requirements.
Existin8 fire alarm system and control panel were manufac-
tured and installed by Honeywell Inc. and is U.L. approved.
There is one control panel serving all three buildings of the
Civic Center Complex.
Signals and Alarms Department in conjunction with the City
Engineer's office compiled a list and an estimated cost of
the required changes to the Auditorium Fire Alarm System to
bring the system into compliance with the current Code
requirements. Meetings were also held with the Building
Commissioner and the Fire Marshal for their input and con-
currence. City desires to maintain a U.L. approved system to
enhance public safety and performance.
Do
Risk Management Officer contacted the Insurance Service
Office (ISO) in Richmond for a ruling on Fire Alarm Systems
in general; ISO is the central rating bureau for most
insurance carriers that establish manual rates used by the
carriers. Their comment was as follows: "Basic manual
building insurance rates are subject to a 0-25% discount for
fire alarm systems2 Only those total systems by one manufac-
turer which are Underwriter Laboratories (U.L.) approved are
eligible for credits." Each manufacturer pays to have their
system tested and rated by U.L. For this reason you cannot
receive U.L. approval with major components of a Fire Alarm
System being manufactured by more than one company.
Current estimatin~ manual (Means '89 Estimator) was used to
estimate the cost of this remodeling and addition project at
$28,000.00. A quotation for the project was submitted by
Honeywell Inc. of $29~541.00 which is within the limits of
the estimated cost.
Page 2
Bid is a sinsle source bid due to the fact that Honeywell is
the only supplier that can add to our existing system and
still provide the City with a U.L. listing to be eligible for
our fire insurance rate reduction. This requirement also
affects the other two buildings and their alarm system and is
related to safety and performance of the system. Therefore,
existing system supplier is only source practicably available
for U.L. listed system.
City Code~ Section 23.1-6 (a) is as follows: Contracts may
be entered without competition for goods, professional ser-
vices, services or construction in the following cases:
"Where there is only one source practicably available for
needed goods, professional services, services or
construction."
II. Issues are as follows:
A. Compliance with present-day Fire Code.
B. Fundin~ of the project.
C. Time of completion.
III. Alternatives are:
Award a lump sum contract to Honeywell Inc. in the amount of
$29,541.00 and 45 consecutive calendar days after controls
and materials have been received from the manufacturer.
Compliance with present-day Fire Codes would be met
because the major components of the Fire Alarm System
would be manufactured, installed and have been tested for
U.L. approval. A certificate of compliance would be
issued by Honeywell Inc. upon job completion.
2. Fundin~ for this work would come from the Civic Center
Retained Earnings.
Time of completion is quoted as 45 consecutive calendar
days after controls and equipment have been received
from manufacturer. This time is acceptable.
B. Reject the bid and do not award a contract at this time.
Compliance with the present-day Fire Code could probably
be met but the system would not have U.L. approval and
the Civic Center Auditorium (or the other two buildings)
also would not be eligible for the premium reduction for
having a U.L. approved Fire Alarm System.
Page 3
WRH/LBC/mm
CC:
2. Fundin8 would not be appropriated at this time.
3. Time of completion would be extended.
IV. Recommendation is that City Council take the following action:
Approve Alternative 'A' and authorize the City Manager to
enter into a contract with Honeywell Inc. in the amount of
$29,541.00 and 45 consecutive calendar days once all controls
and equipment have been received from the manufacturer.
Honeywell Inc. to furnish the City of Roanoke a written sta-
tement of compliance with the requirements of the Underwriter
Laboratories for an approved Fire Alarm System.
Appropriate $29~541.00 to an account to be established by the
Director of Finance from Civic Center Prior Year Retained
Earnings.
Respectfully submitted,
W. Robert Herbert
City Manager
City Attorney
Director of Finance
Director of Administration and Public Safety
Director of Public Works
Manager, Signals and Alarms
Manager, Civic Center
City Engineer
Construction Cost Technician
Office of the City Clerk
August 1, 1989
File #259-122-67
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 29696 designating the offi-
cial name of certain City recreational facilities composed of
Victory Stadium~ the National Guard Armory, Maher Fietd~ Wiley
Drive, and South Roanoke Park as the "River's Edge Sports
Complex," and naming the football field within Victory Stadium
"McLelland Field." Ordinance No. 29696 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, July 24~ 1989.
Sincerely, ~~
Mary F. Parker, CMC
City Clerk
MFP:sw
Enco
pc:
Mr. Jack D. Hayslett, Chairman, Citizens' Advisory Co~aittee,
City Wide Parks Study, 408 Houston Avenue, N. E., Roanoke,
Virginia 24012
Mr. Michael M. Waldvogel, Chairman, City Planning Commission~
3526 Penarth Road, So W., ~oanoke~ Virginia 24014
Ms. Deborah J. Moses~ Chief of Billings and Collections
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. Gary N. Fenton, Manager, Parks and Recreation/Grounds
Maintenance
Mr. Cline C. Hollandsworth, Superintendent of Grounds
Maintenance
Mr. Owen Grogan, Superintendent of Recreation
Mr. William F. Clark, Director of Public Works
Ms. Dolores C. Daniels, Citizens' Reouest for Service
Room 456 Municipal Building 2 t5 C~urch Avenue S.W Roc;no~e, Virginia 24011 (703) 981-2541
Office of the City Clerk
August 14, 1989
File #67-259-122
Mr. Robert M. McLelland
2714 Derwent Drive, S. W.
Roanoke, Virginia
Dear Mr. McLelland:
I am enclosing copy of Resolution No. 29696 designating the offi-
cial name of certain City recreational facilities composed of
Victory Stadium, the National Guard Armory, Maher Field, Wiley
Drive, and South Roanoke Park as the "River's Edge Sports
Complex," and naming the football field within Victory Stadium
"McLelland Field." Resolution No. 29696 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday~ July 24, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
Eric,
Room 456 MunicipaiBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541
Office of Fne City Cler~
August 1, 1959
File #259-122-67
Mr. Harry W. White$ide
2751Westhampton Avenue, S. W.
Roanoke~ Virginia 24015
Dear Mr. ~iteside:
I am attaching copy of Ordinance No. 29696 designating the offi-
cial name of certain City recreational facilities composed of
Victory Stadium~ the National Guard Armory, Maher Field, Wiley
Drive, and South Roanoke Park as the "River's Edge Sports
Complex~" and naming the football field within Victory Stadium
"McLeiland Field." Ordinance No. 29696 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
Sincerely,
Mary F. Parker~ CMC
Clty Clerk
MFP : sw
Eno.
Room 456 Municipal Built, lng 215 C~urch Avenue. S.W. Roanoke. V~rg~nia 24CII 1 (703) 981-2~4.1
IN TRE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of July, 1989.
No. 29696.
A RESOLUTION designating the official name of certain City
recreational facilities composed of Victory Stadium, the National
Guard Armory, Maher Field, Wiley Drive, and South Roanoke Park as
the "RIVER'S EDGE SPORTS COMPLEX," and naming the football field
within Victory Stadium "McLELLAND FIELD."
WHEREAS, the Citizens' Advisory Committee appointed to do a
City-wide Parks Study recognized the need to identify, for the
convenience of the public and the promotion of the City of Roanoke,
certain City recreational facilities used by a. large number of
local and out-of-town visitors; and
WHEREAS, the Citizens' Advisory Committee, by report dated
July 25, 1988, submitted its proposal to the City Planning
Commission recommending the naming of such complex, said designa-
tion having no impact on the current names of the facilities con-
tained within said complex; and
WHEREAS, a local citizens' group proposed that the facility
be named after local resident Bob ~cLelland, a longtime youth
coach and sports writer; and
WHEREAS, Council referred the matter to the City Manager and
instructed him to make a recommendation as to the name of the
complex; and
WHEREAS, professional marketing expertise was obtained and
the name "River's Edge Sports Complex" was selected as most
appropriate to lend itself to the development of a high quality
logo which would impact efforts to enhance the image of the
complex and promote the economy of our city; and
WHEREAS, it is deemed fitting that the football field within
Victory Stadium be designated "McLelland Field" as Eob McLelland
has dedicated his time, talent and energy to the youth programs
of the City.
THEREFORE, BE IT RESOLVED by the Council of the City of
Roanoke that this Council concurs in the recommendation of the
City Manager and hereby designates the recreational facilities
composed of Victory Stadium, the National Guard Armory, Maher
Field, Wiley Drive, and South Roanoke Park as ~'RIVER'S EDGE SPORTS
COMPLEX" and "McLELLAND FIELD" as the name of the football field
within Victory Stadium.
ATTEST:
City Clerk.
Roanoke, Virginia
July 24, 1989
Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Mayor and Members of Council:
SUBJECT: PROPOSID) NAME FOR CITY'S SPORTS
I. BACKGROUND:
City's Sports Complex, open in 1989, has been constructed
in phases, beginning in 1983. Contingent upon funding,
completion is anticipated in 1992.
Facility was developed as the "Crown Jewel" of the City's
park system, and was included in the Parks Improvement
Plan approved by Council in 1981.
With proper marketing, facility will have a very positive
impact on the IMAGE of our City, as well as its ECON(]~IC
DEVELOPMENT.
A July 1988 report to Council from the Citizens Advisory
Committee on Parks (CAC) recon~nended the facility be
named "Roanoke River Sports Complex." The report was
referred to the Planning Con~nission. After lengthy
review, discussion and consideration, the Planning
Co~ission concurred with the CAC name proposal, and on
November 14, 1988 recon~ended that City Council approve
the name "Roanoke River Sports Complex."
Local citizens' group, at that same meeting, proposed
that the facility be named after local resident Bob
McLelland, longtime youth coach and sports writer.
Namin~ of the facility has proved challenging, as many
suggestions have been offered, but few seemed to have the
uniqueness and "marketability" the facility needs and
deserves.
Go
Council referred the matter to the City Manager and
instructed him to bring back a recom~nendation.
II. C[~ SITUATION:
Professional marketinK expertise was obtained and a
marketing proposal and list of suggested names was
developed. The name "RIVERS EDGE SPORTS COMPLEX" was
selected as most appropriate and would lend itself to the
development of a high quality logo. This name and logo
would favorably impact efforts to enhance the image of
the complex and promote the economy of our City.
Co
0fficially~ the facility still goes unnamed, though most
refer to it as "South Roanoke Sports Complex."
Do
The concept of naming the football field within Victory
Stadium "McLelland Field" was discussed with some of the
members of the group proposing the sports complex be
named after Mr. McLelland. Their reaction was favorable.
A criteria is being developed in regard to consideration
of future proposals to name other recreational facilities
after area citizens. Approval of criteria will be sought
from Planning Commission.
III. ISSUF. S:
A. Need
B. Image and Economic Development
C. Timing
D. Cost
E. FundinK
IV. AL'l'l~cMl'i'iv]~:
Adopt '~dTF~RS EDGE SPORTS C(]~PLEX" as the official name
of the facility and '~cLellamd Field" as the name of the
field within Victory Stadium.
Need: Need for an "official" name would be met.
Reference to the facility as "South Roanoke," a name
that suggests a neighborhood facility rather than a
community wide one, would gradually cease.
Recognition of Mr. Bob McLelland's efforts would be
achieved.
2o
IMAGE and ECONOMIC DEVELOPMENT: Both would be
positively effected as marketing efforts are begun.
Timins: Facility would be named during its season
of highest use.
Cost: To date, City has expended only a small
amount of money in the development of name
recommendations, logo, and proposed marketing plan.
Co
Funding: Additional marketing will cost between
$5,000.00 and $15,000.00, dependent upon extent of
marketing program desired.
Adopt "Roanoke River Sports Co, lex" as the official name
of the facility and "McLelland Field" as the name of the
field within Victory Stadium.
Need: Need for an "official" name would be met.
Reference to the facility as "South Roanoke" would
gradually cease. Recognition of Mr. Bob McLelland's
efforts and contributions would be achieved.
IMAGE and ECONOMIC DEVELOPMENT: Both would be
positively effected. However, the Roanoke River can
be tied to several connnunities, and not just
Roanoke. This could potentially complicate
marketing efforts.
o
Timing: Facility would be named during its season
of highest use.
Cost: To date, City has expended only a small
amount of money in the development of name
recommendations, logo, and proposed marketing plan.
Funding: Additional marketing will cost between
$5,000.00 and $15,000.00, dependent upon extent of
marketing program desired. This includes cost of
modifying logo.
Further delay naming the facility in order to give
consideration to additional suggestions.
Need: Would not be met. Reference as "South
Roanoke" would continue, Mr. McLelland's efforts
would continue to go unrecognized.
IMAGE and ECONOMIC DEVELOPMENT: Both would be
unaffected.
Timing: Facility would continue to go unnamed
through its high use season.
Cost: City has expended only a small amount of
money in development of name recommendations, logo,
and proposed marketing plan. Marketing plan would
not be initiated, no further costs anticipated.
5. Additional funding for marketing not required at
present time.
City Council concur with implementation of Alternative A.
Accordingly, it is recommended that Council adopt "Rivers EdKe
Sports Complex" as the official name of the facility and "McLelland
Field" as the name of the field within Victory Stadium.
Respectfully submitted,
W. Robert Herbert
City Manager
WRH/GNF/hw
cc: Director of Finance City Attorney
Director of Administration and Public Safety
Director of Public Works
Manager, Department of Parks, Recreation and Grounds Maintenance
Chief, Billings and Collections
Assistant to City Manager for Community Relations
Chairperson, City Planning Commission
Mr. Jack Hayslett
Mr. Harry Whiteside
Office of the Council
July 24, 1989
The Honorable Mayo. and Members
of the Roanoke City Council
Roanoke. Virginia
Dear Mayor Taylor and Membe.s of Council:
I reg,et that I will be absent from the Council meeting of July
24. due to obligations of my appointment by Governo, Baliles to
serve on a Gene,al Assembly Task Fo.ce entitled "Local and State
Government Inf,ast,uctu.e and Revenue Resou,ces Cor~nission.'
I have been vitally inte,ested in an item to be p,eeented by the
City Manager ,,ga,ding the naming of the cpo,ts complex located
on Wiley D, lve. I have discussed this ,epo,t with the City
Manage, and endo,se hie recon~tendation of:
1. Naming of the comp le~ as Rive,s Edge Spo,ts Complex and
the accompanying g,aphic~s.
2. Naming of the Victory Stadium field in hono. of Bob
McLelland.
Best wishes to each of youl
BTFJR:.a
BEV4
T....Fifzpat,~ck. Sr.
Vice-Mayo,
Room 456 Municipal Building 21.5 Chur¢~ Av~w'~e. S.W. Rcx3m31~, Vlrglnto 2401 t (703) 981-254t
Or, ce of ~e CJi, C~e~
August 1, 1989
File #1
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
the Council of the City of Roanoke at
Monday, July 24, lgsg.
I am attaching copy of Ordinance No. 296g8 authorizing execution
of a contract with David M. Griffith and Associates, Ltd., upon
certain terms and conditions, in an amount not to exceed
$58,750.00, including out-of-pocket expenses, to perform a
Comprehensive User Fee Study. Ordinance No. 29698 was adopted by
a regular meeting held o~
Sincerely, ~l~__...~
Mary F. Parker, CMC
City Clerk
MFP:sw
Enco
pc:
Mr. David M. Griffith, 5001 West Village Green Drive,
202, Midlothian, Virginia 23112-4801
Mr. Joel M. Schtanger, Director of Finance
Suite
Roo~'n45b MunlciDolBui~ing 215C~urchAv~"~ueS.WRoano~e.~rg~nia2401,f (703) 98%254'1
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of Suly, 1989.
No. 29698.
AN ORDINANCE authorizing the execution of a contract with David
M. Griffith and Associates, LTD., upon certain terms and conditions,
to perform a Comprehensive User Fee Study; and providing for an
emergency.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager or the Assistant City Manager and the
City Clerk are hereby authorized, for and on behalf of the City,
to execute and attest, respectively, a Professional services
contract with David M. Griffith and Associates, LTD., for the per-
formance by that firm of a Comprehensive User Fee Study as more par-
ticularly set forth in the July 14, 1989, report of the City Manager
to this Council.
2. The contract authorized by this ordinance shall not exceed
$58,750.00, including out-of-pocket expenses.
3. The form of the contract with such firm shall contain such
term and conditions as are deemed appropriate by the City Manager and
shall be approved as to form by the City Attorney.
municipal
ordinance
In order to provide for the usual daily operation of
government,
shall be in
the
an emergency is deemed to exist, and this
full force and effect upon its passage.
ATTEST:
City Clerk.
August I, 1959
File #60-1
Mr. Joel M. Schtanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schtanger:
I am attaching copy of Ordinance No. 29697 amending and reor-
daining certain sections of the 1989-90 General, Water, Sewage,
Civic Center, and Internal Service Funds Appropriations, pro-
viding fo, the appropriation of $58,750.00, in connection with
award of a contract to David M. Griffith and Associates, Ltd., to
· perform a Comprehensive User Fee Study. Ordinance No. 29697 was
adopted by the Council of the City of Roanoke at a regular
meeting held on Monday, July 24, 1989.
"~//~,~.~4'Sincerety& ~~
~/lary F. Parker, CMC
City Cte,k
~lFP:sw
Eric.
pc: Mr. W. Robert Herbert, City Manager
Room456 MunicipalBuilding 215ChurchA',~'~ue.$W.l'~oano~e.V]rg,nia24011 (703)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of July, 1989.
No. 29697.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 General, Water, Sewage, Civic Center, and Internal
Service Funds Appropriations, and providing for an emergency.
WHEREAS, for the usual daily operation of the Municipal
Government of the
exist.
City of Roanoke, an emergency is declared to
THEREFORE, BE IT ORDAINED by the Council of the City of
Roanoke that certain sections of the 1989-90 General, Water,
Sewage, Civic Center, and Internal Service Funds Appropriations,
be, and the same are hereby, amended and reordained to read as
follows, in part:
General Fund
Appropriations
Nondepartmental
Miscellaneous
Fund Balance
229,600
Reserved CMERP - City (2) ..........................
$ 371,846
Water Funcl
Appropriations
Water - Operating (3) ..............................
Retained Earnings
Unrestricted Retained Earnings (4) .................
1,486,412
$14,974,417
Sewage Fund
Appropriations
Sewage - Administration
Retained Earnings
Unrestricted Retained Earnings
(5) ........................ $ 1,520,078
(6) ................. $13,695,235
Civic Center Fund
Appropriations
Civic Center - Operating (7) .......................
Retained Earnings
Unrestricted Retained Earnings (8) .................
$ 1,524,867
$ 1,911,116
Internal Service Fund
Appropriations
Utility Line Services (9) ..........................
Retained Earnings
Unrestricted Retained Earnings (10) ................
1) David Griffith and
Associates
2) Reserved CMERP -
City
3) Fees for Prof.
Services
4) Unrestricted
Retained Earnings
5) Fees for Prof.
Services
6) Unrestricted
Retained Earnings
7) Fees for Prof.
Services
8) Unrestricted
Retained Earnings
9) Fees for Prof.
Services
10) Unrestricted
Retained Earnings
001-004-9140-2171) $ 29,750
001-3323) (29,750)
002-056-2160-2010) 6,100
002-3336) (6,100)
003-056-3150-2010) 6,100
003-3336) ( 6,100)
005-050-2105-2010) 9,900
005-3336) ( 9,900)
006-056-2625-2010) 6,900
006-3336) ( 6,900)
$ 2,518,473
$ 1,635,167
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
R~Oke, Virginia
July 24, 1989
Honorable Mayor and Members of City Council
Roanoke, Virginia
Dear Members of Council:
SUBJECT: User Fee Study
II.
I. Background:
1986 Fee Compendium was approved by City Council on
April 7, 1986, Resolution No. 28075, with an effective
date of May 1, 1986. Most fees, rates, assessments,
and charges of the City were re-evaluated to insure
that all such charges are cost-based, equitable,
up-to-date, and easily accessible to the public.
Internal Service Rates are calculated annually for each
fiscal year after the adoption of annual operating
budgets. These rates are charged by Internal Service
Fund departments to other departments of the City for
services rendered.
Civic Center Fund rental rates and user fees are
reviewed and approved by the Civic Center Commission.
Civic Center administrative staff has expressed a need
to re-evaluate rental rate structures to insure market
competitiveness and cost recovery.
D. Water and wastewater fees were modified in May, 1983
and September, 1985, respectively.
Current Situation
A.
Fees and service charges described above need to be
re-evaluated. Fee structures should be examined at
minimum every 3 years.
a
Comprehensive User Fee Study Request For Proposal (RFP)
was developed and publicly advertised for proposals on
June 9, 1989.
C. David M. Griffith and Associates, LTD, Richmond,
Virginia, was the sole respondent to the RFP and
complied with all required specifications and time
schedules.
De
Interview and negotiations were conducted with David M.
Griffith and Associates, LTD, on July 6, 1989.
Honorable Mayor and Members of City Council
Page 2
July 24, 1989
Scope of work to be performed is to re-evaluate all
existing fees and identify potential new fees for the
following funds:
· General
· Water
· Sewage Treatment
· Civic Center
Internal Service Fund
III. Issues
Work scope
Ability to meet time schedules
IV.
Reasonableness of fee
D. Availability of funding
Alternatives
A. Award contract to David M. Griffith and
Associatesf
LTD, in an amount not to exceed $58,750, including
out-of-pocket expenses.
1. Work scope has been reviewed and agreements
reached.
2. Ability to meet time schedules has been
demonstrated and firm is ready to begin
immediately.
Reasonableness of fee has been established based on
work scope and labor hours required to complete the
contract.
4. Availability of funding exists in the following
funds:
· General Fund - C.M.E.R.P. (1988)
· Water Fund - Retained Earnings
· Sewage Treatment Fund - Retained Earnings
· Civic Center Fund - Retained Earnings
· Internal Service Fund - Retained Earnings
Honorable Mayor and Members of City Council
Page 3
July 24, 1989
Do not award contract to update user fee study to David
M. Griffith and Associates, LTD, in an amount not to
exceed $58,750, including out-of-pocket expenses.
1. Work scope would be reduced and accomplished on a
fragmented basis with in-house staff.
2. Ability to meet time schedules would be delayed
with optional revenue increases not available for
City Council to consider.
3. Reasonableness of fee would not be assured.
4. Availability of funding remains in each fund.
Recommendation
ae
Award contract for $58,750, including out-of-pocket
expenses, to David M. Griffith and Associates, LTD, in
a form approved by the City Attorney.
B. ADDroDriate $58,750 in total in the following funds to
the detail accounts from the listed sources of funds:
Fund
Account Number Amount
Source of Funds
General
Water
Sewage Treatment
Civic Center
Internal Service
001-004-1231-2171 $29,750
002-056-2160-2019 6,100
003-056-3150-2010 6,100
005-050-2105-2010 9,900
006-004-9111-2171 6,900
C.M.E.R.P. (1988)
Retained Earnings
Retained Earnings
Retained Earnings
Retained Earnings
WRH/JMS/kp
Respectfully Submitted,
W. Robert Herbert, City Manager
Joel ~.-Sch rector of Finance
Office of the City C~er~
August I, 1989
File
Mr. Larry g. Conner
Secretary/Treasurer
Aaron J. Conner General Contractor,
P. O. Box 6068
Roanoke, Virginia 24017
Dear Mr. Conner:
I am enclosing copy of Ordinance No. 29701 accepting the bid of
Aaron J. Conner General Contractor, Inc., for construction of
Wittiamson Road Storm Drain and Sanitary Sewer, Phase 2, Contract
IE, Lower Segment, in the total amount of $1,757~504.50, upo~
certain terms and conditions. Ordinance No. 29701 was adopted by
the Council of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
pc:
Mr. IV. Robert Herbert, City Manager
Mr. Joel M. $chIanger, Director of Finance
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. William F. Clark, Director of Public Works
Mr. Charles M. Huffine, City Engineer
Ms. Sarah E. Fitton, Construction Cost Technician
Room456 MunicipcilBuildincj 215(~u~chAve~ue.S.WRoanoke. Virgsnia2d011 (703)981-254"l
O~¢e ot ~e Qry Qer~
August I, 1989
File #27
Mr. W. D. Burger, Vice-President
Yatee Construction Company, Inc.
Rt. 2, Box 254
Stokesdate, North Carolina 27357
Dca, Mr. Burger:
I am enclosing copy of Ordinance No. 29701 accepting the bid of
Aaron J. Conner General Contractor, Inc., for construction of
Wittiamson Road Storm Drain and Sanitary Sewer, Phase 2, Contract
IE, Lower Segment, in the total amount of $1,757,504.50, upon
certain terms and conditions. Ordinance No. 29701 wag adopted by
the Council of the City of Roanoke at a regutar meeting held on
Monday, July 24, 1989.
On behalf of the Mayor and Members of City Council, I would tike
to express appreciation for submitting your bid on the above-
desc,ibed p,oject.
MFP:sw
.Enc.
Sincerely,
Mary F. Parker. CMC
City Clerk
Room456 Municil:x:llBuilding 215 0'lurch Avenue, S.W Roano~e. Vir§~nia240'l,I (703)98'1-2541
Office of ff~e ~y Cle~
August 1, 1989
File #27
Mr. John W. Douthat, Vice-President
Allegheny Construction Company, Inc.
2920 Nicholas Avenue, N. E.
Roanoke, Vi,ginia 24012
Dear Mr. Douthat:
I am enclosing copy of Ordinance No. 29701 aocepting the bid of
Aa,on J. Conner General Contractor, Inc., fo, construction of
Wittiamson Road Storm D, ain and Sanitary Sewer, Phase 2, Contract
[E, Lower Segment, in the total amount of $1,757,504.50, upon
certain terms and conditions. Ordinance No. 29701 was adopted by
the Council of the City of Roanoke at a reguta, meeting held on
Monday, July 24, 1989.
On behalf of the }layor and Members of City Council, I would tike
to express appreciation for submitting you, bid on the above-
described project.
MFP:sw
Eric.
Sincerely,
Mary F. Parker, CMC
City Clerk
Room 456 Munici~cx)l Building 215 (~urch A',~nue S.W. Roanoke. Virginia 240t I (703) 98t-254.1
August 1, 1959
File #2?
Mr. Eo O. Showotter, Vice-President
F. L. Showalter, Inc.
Po Oo Box 11525
Lynchburg, Virginia 24506
Dear Mr. Showatter:
I am enclosing copy of Ordinance No. 29701 accepting the bid of
Aaron J. Conne, General Contractor,. Inc., for construction of
Williamson Road Storm Drain and Sanitary Sewer, Phase 2, Contract
IE, Lower Segment, in the total amount of $1,757,504.50, upon
certain terms and conditions. Ordinance No. 29701 was adopted by
the Council of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
On behalf of the Mayor and Members of .City Council, ! would tike
to express appreciation for submitting your bid on the above-
described project.
Sincerely, . ~~
Mary F. Parker, CMC
City Clerk
MFP:sw
~nc.
Room456 Municil:~lButlcllng 215C~urchAv~"~ue, SW. Roanoke, Virg~nla24011 (703)981-2541
Office of ~e Ci~' Cle~
August 1, 1989
File #27
Mr. Robert S. Jones, President
R. S. Jones and Associates, Inc.
P. O. Box 1655
Abingdon, Virginia 24210
Dear Mr. Jones:
I am enclosing copy of Ordinance No. 29701 accepting the bid of
Aaron J. Conner General Contractor, Inc., for construction of
Wittiamson Road Storm Drain and Sanitary Sewer, Phase 2, Contract
IE, Lower Segment, in the total amount of $1,767,504.50, upon
certain terms and conditions. Ordinance No. 29701 was adopted by
the Councit of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
On behalf of the Mayor and Members of City Council, I would tike
to express appreciation for submitting your bid on the aboYe-
described pro]eot.
Sincerely, ~
Mary F. Parke~% CMC
City Clerk
MFP:sw
Eno,,
Room456 Munlcil:~lBuilding 215ChurchAvenue.$.W.l~:x~n~,Virg,nia2401,f (700)98t-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of July, 1989.
No. 29701.
AN ORDINANCE accepting the bid of Aaron J. Conner, General
Contractor, Inc., for construction of Williamson Road Storm Drain and
Sanitary Sewer, Phase 2, Contract IE, Lower Segment, upon certain
terms and conditions, and awarding a contract therefore; authorizing
the proper City officials to execute the requisite contract for such
work; rejecting all other bids made to the City for the work; and pro-
viding for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. The bid of Aaron J. Conner, General Contractor, Inc., made to
the City in the total amount of $1,757,504.50 for construction of
Williamson Road Storm Drain and Sanitary Sewer, Phase 2, Contract IE,
Lower Segment, such bid being in full compliance with the City's plans
and specifications made therefor and as provided in the contract docu-
ments offered said bidder, which bid is on file in the Office of the
City Clerk, be and is hereby ACCEPTED.
2. The City Manager or the Assistant City Manager and the City
Clerk are hereby authorized on behalf of the City to execute and
attest, respectively, the requisite contract with the successful
bidder, based on its proposal made therefor and the City's specifica-
tions made therefor, said contract to be in such form as is approved
by the City Attorney, and the cost of said work to be paid for out of
funds heretofore or simultaneously appropriated by Council.
3. Any and ail other bids made to the City for the aforesaid
work are hereby REJECTED, and the City Clerk is directed to notify
each such bidder and to express to each the City's appreciation for
such bid.
4. In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect upon its passage.
Attest:
City Clerk.
Office of ?ne City Clen4
August 1o 1~80
File #60-27
Mr. Joel M. Schlanger
Director of Finance
Roanoke, Virginia
Dear Mr. Schlanger:
I am attaching copy of Ordinance No. 29?00 amending and reor-
daining certain sections of the 1989-90 Sewage and Capital Funds
Appropriations, providing for the appropriotion and transfer of
certain funds, in connection with award of o contract to Aaron J.
Conner General Contractor, Inc., fo, construction of Wittiamson
Road Storm Drain and Sanitary Sewer, Phase 2, Contract IE, Lowe,
Segment. Ordinance No. 29700 was adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, July 24,
1989.
Sincerely,
Mary F. Pa,ker, CMC
City Cte,k
MFD:sw
F~,nc.
pc: Mr. W. Robert Herbert, City Manage, Mr. Kit D. Kise,, Direoto, of Utilitiee and Ope,ations
Mr. William F. Clark, Director of Public Works
Mr. Cha,les M.~ Huffine, City Engineer
Ms. Sarah E. Fitton, Conet,uetion Cost Technician
Room 456 Municipal Building 21.9 Church Ave~mue. SW Roanohe. Virginia 240t I (703) c~81-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
The 24th day of July, 1989.
No. 29700.
AN ORDINANCE to amend and reordain certain sections of
the 1989-90 Sewage and Capital Funds 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
Roanoke that certain sections of the
Funds Appropriations, be, and
reordained to read as follows,
the council of the City of
1989-90 Sewage and Capital
the same are hereby, amended and
in part:
Sewage Fund -.
Appropriations
Capital Outlay From Revenue $ 5,444,483
Williamson Road Storm Drain Ph. 2, Contract IE (1). 190,608
Retained Earnings
Retained Earnings - Unrestricted (2) ............... $13,510,727
Capital Fun~
Appropriations
Sanitation
Williamson Road Storm Drain Ph. 2, Contract IE (3).
Capital Improvement Reserve
Public Improvement Bonds - Series 1988 (4) .........
1) Appr. from General
Revenue (003-056-8445-9003) $ 190,608
2) Retained Earnings
- Unrestricted (003-3336) ( 190,608)
$ 9,383,599
1,742,648
3,933,388
3,574,243
3) Appr. from Bonds (008-052-9634-9001) $ 1,742,648
4) Storm Drains (008-052-9603-9176) (1,742,648)
BE IT FURTHER ORDAINED that, an emergency existing,
Ordinance shall be in effect from its passage.
ATTEST:
this
City Clerk.
Honorable Mayor and Members of Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Williamson Road Storm Drain
Phase 2, Contract IE
Lower Segment
Roanoke, Virginia
July 24, 1989
I. Back~round:
Project is part of the on-going design and construction of
the overall storm drainage system for the Williamson Road
Area and represents the Lower Segment of the last three
remaining segments to be constructed.
Sesment begins at the east right of way of Interstate 581
where it outfalls to the proposed Williamson Road Retention
Basin now under construction. This segment will be serving
the Ravenwood, Dorchester, and Vancouver areas in general.
City Council received and publicly opened five (5) bids for
the subject project at 2:00 p.m., Monday, June 19, 1989 with
Aaron J. Conner, General Contractor, Inc. submitting a low
base bid plus alternate bid in the amount of $1~757~504.50.
City Council referred all bids to the selected Bid Committee
to review and report back to Council with its recommen-
dations.
II. Issues in order of importance:
A. Compliance of the bidders with the requirements of the
contract documents.
B. Amount of low base bid.
C. Funds for construction.
III. Alternatives are:
Authorize award of contract to Aaron J. Conner, General
Contractor, Inc. in the amount of $1~757~504.50 and establish
a 10% contingency fund for the project in the amount of
$175~750.45.
1. Compliance of the bidders with requirements of the
contract documents has been met.
Page 2
IV.
2. Amount of low base bid is 17% below the Engineer's
estimate and is acceptable.
Fundin~ is available in the 1988 Series Public
Improvement Bonds, Storm Drain category, Account Number
008-052-9603-9176 and the Sewer Funds Retained Earnings
Account.
B. Reject all bids and re-advertise at a later date.
1. Compliance of the bidders with requirements of the
contract documents would not be an issue.
2. Amount of low base bid would probably be higher if bid
at a later date.
3. Funds for construction would not be expended at this
time.
Recommendation is that City Council authorize implementation of
Alternative "A" as follows:
Ao
Authorize award of a unit price contract to Aaron J. Conner,
General Contractor, Inc. in the amount of $1~757,504.50 in a
form acceptable to the City Attorney.
B. Authorize the establishment of a ten percent (10%) con-
tingency fund for the project in the amount of $175,750.45.
Authorize the Director of Finance to transfer or appropriate
the following funds to a new project account titled
"Williamson Road Storm Drain, Phase 2, Contract IE, Lower
Segment" to be designated by the Director of Finance.
1. Appropriate from Sewer Funds Retained Earnings, the
amount of $190,607.45.
2o
Transfer from the 1988 Series Public Improvement Bonds,
Storm Drain Category, Account Number 008-052-9603-9176
the amount of $1~742,647.50.
The combined appropriated and transfered funds shall include
$1~757,504.50 contact amount and $175~750.45 contingency
amount.
D. Reject all other bids received.
Page 3
WRH/ES/mm
Attachment: Tabulation of Bids
CC:
City Attorney
Director of Finance
City Engineer
Construction Cost Technician
Respectfully submitted,
William F. Clark
Kit B. Kiser
TABULATION OF BIDS
WILLIAMSON ROAD STORM DRAIN
PHASE 2, CONTRACT I-A
Lower Segment - Sanitary Sewer
Bids publicly opened and read aloud on Monday, June 19, 1989 at 2:00 p.m.
BASE BID & BID BOND
BIDDER ALTERNATE BID RECEIVED
Aaron J. Conner, General Contractor, Inc. $1,757,504.50 YES
Yates Construction $1,987,871.00 YES
Allegheny Construction $2,362,451.50 YES
F. L. Showalter, Inc. $2,504,778.00 YES
R. S. Jones & Associates $3,121,008.00 YES
Engineer's Estimate: $2,121,000.00
nd, Chairman
William F. Clark
Kit B. Kiser
Mattern & Craig
701 First Street, S.W.
Roanoke, Virginia 24016
Office of City Engineer
Room 350, Municipal Building
Roanoke, Virginia 24011
Honorable Mayor and Members of Council
Roanoke, Virginia
....... ~; a L~Roar~oke~ Virginia
Dear Members of Council:
Subject:
Bid Committee Report
Williamson Road Storm Drain
Phase 2, Contract IE
Lower Segment
I concur with the recommendations of the attached Bid Committee Report.
WRH/ES/mm
Attachment: Bid Committee Report
cc:
City Attorney
Director of Finance
Director of Public Works
Director of Utilities and Operations
Citizens' Request for Service
City Engineer
Construction Cost Technician
Respectfully submitted,
W. Robert Herbert
City Manager
Office of the City Cier~
June 21, 1989
File #27
Mr. Robert A. Garland, Chairman )
Mr. William F. Clark ) Committee
Mr. Kit B. Kiser )
Gentlemen:
The following bids for Williamson Road Storm Drain, Phase 2 -
Contract IA, Lower Segment, were opened and read before the
Council of the City of Roanoke at a regular meeting held on
Monday, June 19, 1989:
BASE BID AND
BIDDER ALTERNATE BID TOTAL
Aaron J. Conner General Contractor, Inc.
Yates Construction Company, Inc.
Alleghany Construction Company, Inc.
F. L. Showalter~ Inc.
R. S. Jones & Associates, Inc.
$1,757,504.50
1,987,871.00
2,362,451.50
2,504,778.00
3,121,008.00
On motion, duly seconded and adopted, the.bids were referred
you for tabulation, report and recommendation to Council.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
to
MFP:ra
pc: Mr. Wilburn C. Dibling, Jr., City Attorney
Room 456 Municipal Building 2t5 Church Avenue SW /Loanohe. 'virginia 24011 (703) 981-2541
Office of the Ciry Cler~
June 19, 1989
H. T. Bowling, Inc.
Route 2, Box 333
Radford, Virginia
24141
Gentlemen:
I am enclosing your bid submitted for construction of the
Williamson Road Storm Drain Phase 2, Contract lA Lower
Segment, which bid was received in the City Clerk's Office at
1:39 p.m. on Monday, June 19, 1989.
Inasmuch as the deadline for receipt of bids was 1:.30 p.m. on
Monday, June 19, 1989, I am returning your bid unopened.
Sincerely, ~ ~
Mary~F.'~arker~ CMC
City Clerk
MFP:se
Enco
Room 456 Municipal Building 215 Church Avenue SW Roanoke ~'g~nia 24~1 t (703) 981-2541
C)
0
0
la)
'7>
Office a/the City
August I~h1989
File #51
Mr. Robert L. Grubb
Attorney
15 East Center Street
Lexington, North Carolina
27292
Dear Mr. Grubb:
I am enclosing copy of Ordinance No. 29655 rezoning a tract of
land located on Mountain View Terrace, S. W., containing 1.52
acre, more or tess, identified as Official Tax No. 1421501, from
RM-1, Residential Multi-Family, Low Density District, and LM,
Light Manufacturing District, to RM-2, Residential Multi-Family,
Medium Density District. Ordinance No. 29855 was adopted by the
Council of the City of Roanoke on first reading on Monday, July
10, 1989, also adopted by the Council on second reading on
Monday, July 24, 1989, and wilt take.effect ten days following
the date of its second reading.
Mary F. Parker, CMC
City Clerk
MFP:sw
Enc.
pc:
Mr. Coy Bowling, 1028 Goodland Road, N. g., Roanoke,
Virginia 24012
R. G. Real Estate, Inc., P. O. 8ox 1420, Lexington, North
Carolina 27293
ifs. EuIa H. 8urnett, 912 8ridge Street, S. W., Roanoke,
Virginia 24015
Mr. & Mrs. Collier J. Smith, 916 Dridge Street, S.
Roanoke, Virginia 24015
Mr. Steven R. Viar, 709 Seventh Street, S. E., Roanoke,
Virginia 24013
Room45~ Municil:x;~lBullcllnq 2'eSChurchA,,,~"~ue.S.W Roanoke. Virg~nio24011 (703) 98~-254'1
Mr. Robert L. Grubb
August 1, 1989
Page 2
pc:
Ms. Linda D. Metz, 2213 Mountain View Terrace, S. W.,
Roanoke, Virginia 24015
Ms. Patricia S. Farris, 2248 Mountain View Terrace, S. W.,
Roanoke, Virginia 24015
Mr. & Mrs. John M. Welfare, 3033 Dover Road, S. W., Roanoke,
Virginia 24018
Mr. & Mrs. Lester R. Trout, Sr., 2236 Mountain View Terrace,
S. W., Roanoke, Virginia 24015
Mr. & Mrs. C. R. Walton, 2232 Mountain View Terrace, $. W.,
Roanoke, Virginia 24015
Mr. & Mrs. W. Scott Angtin, 2228 Mountain View Terrace,
S. W., Roanoke, Virginia 24015
Mr. David D. Greene, 2224 Mountain View Terrace, S. W.o
Roanoke, Virginia 24018
Mr. & Mrs. Waitman W. Weeks, 2220 Mountain View Terrace,
S. W., Roanoke, Virginia 24015
Mr. Wayne Go Strickland, Executive Director, Fifth Planning
District Corr~nission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Witburn C. Dibling, Jr., City Attorney
Mr. SteYen J. Tatevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Watdvoget, Chairman; City Planning Cor~nission
Mr. L. Etwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald R. Miller, Building Corr~issioner and Zoning
Administrator
Mr. John R. Marltes, Agent/Secretary, City Planning
Corr~nission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29655.
VIRGINIA,
AN oRDINANCE to amend $36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 142, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City.
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RM-1,
Residential Multifamily, Low Density District and LM, Light Manufac-
turing District, to RM-2, Residential Multtfamlly, Medium Density
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 on said application by the City
Council at its meeting on July 10, 1989, at 7:30 p.m., 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 applica-
tion, the recommendation made to the Council by the Planning Commis-
sion, the City's Comprehensive Plan, and the matters presented at the
public hearing, is of the opinion that the hereinafter described pro-
perty 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. 142 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a tract of land located on Mountain View
Terrace, S. W., containing 1.52 acres, more or less, designated on
Sheet No. 142 of the Sectional 1976 Zone Map, Cizy of Roanoke, as
Official Tax Number 1421501 be, and is hereby rezoned from
Residential Multifamily, Low Density District and LM, Light Manu-
facturing District, to RM-2,
District, and that Sheet No.
respect.
Residential Multifamily, Medium Density
142 of the Zone Map be changed in this
ATTEST:
City Clerk.
O~ce of ~e C~'/
July 3, 19~9
File #51
Mr. Robert L. Grubb
Attorney
15 East Center Street
Lexington, North Carolina
27292
Dear Mr. Grubb:
Pursuant to my co,,~r~unication under date of June 22, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with the request of your client,
R. G. Real Estate, Inc., that a tract of land located on Mountain
View Terrace, S. W., containing 1.52 acre, more or less, iden-
tified as Official Tax No. 1421501, be rezoned from RH-1,
Residential Multi-Family, Low Density District, and LM, Light
Manufacturing District, to RM-2, Residential Multi-Family, Medium
Density District. The above described Ordinance will be con-
sidered by the Council at a regular meeting to be held on Monday,
July lO, 1989, in the City Council Chamber, fourth floor of the
Municipal Building.
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC14A
EnCo
Sincerely,
Mary F. Parker, CMC
City Clerk
Room 456 Municipal Building 215 C~urch Avenue SW [~:x:lnoke, V~rglnia 24011 (703) 981-2541
N~E!!~F~P~L~C HEARING BEFORE THE ROANOKE CITY PLANNING
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, July 5, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from Roanoke Real Exchange Corporation that a tract
of land lying at 3834 Virginia Avenue, N.W., identified as
official tax no. 2761501, be rezoned from RS-3, Residential
Single Family District to C-2, General Commercial District,
such rezoning to be subject to certain conditions proffered
by the petitioner.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the
above date and be heard on the matter.
John R. Marlles, Agent
Roanoke City Planning Commission
Please run in the morning edition on Tuesday, June 20, 1989.
Please run in the evening edition on Tuesday, June 27, 1989.
Please bill to:
Gene D. Lucas, President
U.S. Construction Co.
1117 Westside Boulevard, N.W.
Roanoke, VA 24017
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
Roanoke City Planning Commission
July i0, 1989
The Honerable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of the
Subject:
Council:
Request from Mr. Robert L. Grubb,
Attorney, representing R. G. Real
Estate, Inc. that a tract of land
located on Mountain View Terrace, S.W.,
containing 1.52 acres, and bearing
Official Tax No. 1421501 be rezoned from
RM-1, Residential Multi-Family, Low
Density District, and LM Light
Manufacturing District, to RM-2,
Residential Multi-Family, Medium Density
District.
I. Background:
ae
Purpose of the rezoning is to bring existing
multi-family structures which are permitted
non-conforming uses into conformance as allowed
under RM-2 permitted uses.
Petition to rezone was filed on May 16, 1989.
No proffers or conditions are being offered.
Planning Commission public hearing was held
on Wednesday, June 7, 1989. Mr. R. L. Grubb,
owner, appeared before the Commission and
explained that the existing apartment complex
was constructed in 1972 and that four of the
apartment buildings were existing, permitted
non-conforming uses in the RM-1 and LM
district. He explained that he was
requesting the property be rezoned in order
to bring the apartment complex into
conformance with the current zoning
ordinance. Mr. Grubb said that the rezoning
Room 355 Municipal Building 2t 5 Church Avenue S.~,4 I'~onoke, Virginia 2401 t (703) 981 2344
was initiated due to the potential sale of
the property and the lending institution's
concern about a non-conformity. Mr. Grubb
also said that no increase in density was
anticipated to occur. There was no discussion
from the audience.
III.
III.
Issues:
Zoning is currently RM-1 and LM. To the
north the zoning is LM. To the east, across
Bridge Street, and to the south, across
Mountain View Terrace, the zoning is RM-1.
West of the subject tract, which is the
remaining portion of the existing Woodbridge
Apartments, the zoning is RM-2.
Land Use is currently multi-family
residential apartments. Adjoining land uses
are a mixture of industrial, warehousing and
wholesale distribution to the north,
single-family and duplex to the east and
south, and finally multi-family apartment to
the immediate west. Adjoining the site to
the west, across Byrne Street is a
recreational facility and additional
apartments.
Utilities currently serve the site and
provide the necessary level of service.
D. Traffic impact would be minimal.
Neighborhood has no formal organization. As
of this writing staff has not received any
comments from the adjoining property owners.
Comprehensive Plan recon~nends that a variety
of housing choices be provided through a
balance of preservation, rehabilitation and
new development.
Alternatives
A. City Council approve rezoning request.
Zoning becomes RM-2 and use is permitted
outright.
2. Land Use remains unchanged.
3. Utilities are not affected.
IV.
5.
6.
City
1.
3.
4.
5.
6.
Traffic impact is minimal.
Neighborhood is not affected.
Comprehensive Plan would be followed.
Council deny the rezoning request.
Zoning remains RM-1 and LM. The
existing non-conformity remains
unresolved.
Land Use remains unchanged.
Utilities are not affected.
Traffic is not affected.
Neighborhood is not affected.
Comprehensive Plan could be followed.
Recommendations
The Planning Commission, by a vote of 6-0 (Mr. Price not
present for the vote) recommended approval of the requested
rezoning. The proposed rezoning provides a variety of
housing choices in an existing neighborhood and corrects a
non-conforming use.
Respectfully submitted,
Roanoke City Planning Commission
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
C~ce o~ '~e C.~' C:e~'~
May 16, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear ~fr. Waldvogel
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of a petition
from Mr. Robert L. Grubb, Attorney, representing R. G. Real
~state, Inc., requesting that a tract of land located at 2251
Mountain View Terrace, S. W., containing 1.$2 acres, more or
less, identified as Official Tax No. 1421501, be rezoned from
RM-1, Residential Multi-Family, Low Density District, and
Light Manufacturing District, to RM-2, ~esidential Multi-Family,
Medium Density District.
Sincerely, /~
Mary F. Parker, CI~C
City Clerk
MFP: ra
REZONE 14
pc: Mr. Robert L. Grubb, Attorney, 15 East Center
Lexington, North Carolina 27292
t,~. John R. Marltes, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Street,
Room456 Mun~Cil:~lBuilcllng 215(]~urohAver,,ue SW Roano#e.V~tg~n~a24011 (70~)981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA
IN RE: REZONING OF A TRACT OF LAND
LYING IN THE CITY OF ROANOKE,
COMMONWEALTH OF VIRGINIA, AT 225]
MOUNTAIN VIEW TERRACE, S.W., TAX
NUMBER 1421501, FROM RM-I AND LM
TO RM-2.
) PETITION
TO
) .RE ZO---NE
)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE.
The Petitioner, R.G. Real Estate, Inc., owns land in
the City of Roanoke containing 1.52 acres, more or less,
located at 225l Mountain View Terrace, S.W., Tax Number
1421501. Said tract is currently zoned RM-] and LM. A map
of the property to be rezoned is attached as exhibit A.
Pursuant to Article VII of Chapter 36.l-690, Code of
the City of Roanoke (1979), as amended, the Petitioner
requests that the said property to be rezoned from RM-1 and
LM Districts to RM-2 District, for the purpose of bringing
existing MultifQmily Structures into conformance as allowed
under ~-2 permitted uses.
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 after
rezoning, the use of the property for apartments will conform
to the zoning ordinance.
Attached as Exhibit B 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 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 10th day of May, 1989.
Respectfully submitted,
By:.. Robert L. Grubb
Of Counsel
15 East Center Street
Lexington, North Carolina
Telephone: (704) 249-2194
R. G. Real Estate, Inc.
15 East Center Street
Lexington, North Carolina 27292
Telephone: (704) 249-2194
Vice President
27292
EXHIBIT B
NAMES, ADDRESSES, AND TAX NUMBERS OF OWNERS OF ALL PROPERTY
IMMEDIATELY ADJACENT TO OR IMMEDIATELY ACROSS A STREET OR ROAD
FROM THE PROPERTY TO BE REZONED:
Tax Map Number: 1421502
Owner: Coy Bowling
Address: 2428 Roanoke Avenue SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1421503
Owner: R. G. Real Estate, Inc.
Address: 15 East Center Street
Lexington, North Carolina 27292
Mortgagee: Emigrant Savings Bank
5 East 42nd Street
New York, New York 10017
Tax Number: 1421631
Owner: Eula H. Burnett
Address: 912 Bridge Street SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1421632
Owners: Collier J. Smith and Garnette M. Smith
Address: 916 Bridge Street SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1421633
Owner: Steven R. Viar
Address: 709 Seventh Street SE
Roanoke, Virginia 24013
Mortgagee: None listed
Tax Map Number: 1421650
Owner: Linda D. Metz
Property Address: 2213 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Southwest Virginia Savings and Loan Association
Campbell Avenue and Second Street SW
Roanoke, Virginia 24011
Tax Map Number: 1430301
Owner: Bradley T. Bloomer
Property Address: 2262 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Coreast Savings Bank
Post Office Box 35010
Richmond, Virginia 23235
EXHIBIT B - Continued:
Tax Map Number: 1430302
Owners: Charles R. St. Clair and Barbara A. St. Clair
Property Address: 2258 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: J. I. Kislak Mortgage Corporation of Florida
Post Office Box 025409
Miami, Florida ,33102
Tax Map Number: 1430303
Owners: Norman D. Scheie et al
Property Address: 2254 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: First Union Mortgage Corporation
Post Office Box 18109
Raleigh, North Carolina 27619
Tax Map Number: 1430304
Name Patricia S. Farris
Property Address: 2248 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Dominion Bankshares Mortgage Corporation
Post Office Box 13317
Roanoke, Virginia 24040
Tax Map Number: 1430305
Owners: John M. Welfare and Lois N. Welfare
Address: 3033 Dover Road SW
Roanoke, Virginia 24018
Tax Map Number: 1430306
Owners: Lester R. Trout, Sr., and Hettie P. Trout
Property Address: 2236 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Crestar Mortgage Corporation
Post Office Box 26149
Richmond, Virginia 23260
Tax Map Number: 1430308
Owners: C. R. Walton and Maggie Walton
Maili~ Address: 2232 Mountain View Terrace SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1430309
Owners: W. Scott Anglin and Janet F. Anglin
Property Address: 2228 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Sovran Mortgage Corpora=ion
Post Office Box 26388
Richmond, Virginia 23260
E_XHIBIT B - Continued:
Tax Map Number: 1430310
Owner: David D. Greene
Property Address: 2224 Mountain View Terrace SW
Roanoke, Virginia
M°rtEagee: Dominion Federal Savings and Loan
Post Office Box 9564
McLean, Virginia 22101
Tax Map Number: 1430311
O~-ners: Waitman W. Weeks and Elizabeth B. Weeks
Property Address: 2220 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Sovran Mortgage Corporation
Post Office Box 26388
Richmond, Virginia 23260
PrOPErTY ADDr:
×-rEF NAME:
TAX MAP NO:
OWNEr NAME: WELFARE, JOHN M & LOIS H
CO-OWNER:
C/O NAME:
MAIL ADDR: 3~33 ~V~R RD SW
CT/ST: R~<E, VA
OLD OWNER:
~A~E, JO~ M
143~3~5 rEAL ESTATE: LANDBOOK INOI '~RY
TYPE OWNEr:
**********************
* CUrrENT VALUATIONS
LAND VALUE:
~AST SALES PRICE:
LAND USE: 3~ NBRHD CODE:
COMMENTS
I~LDG VALUE: 47,5~('~
MISCELLANEous
LAST RECORDED DATE: 12/1
54,
TAX MAP NO:
(]~NER NAME: TROUT, LESTER RSR & HETTIE p
CO-OWNER:
BA~( CODE/NM: 8~ ~-~ST~ M~TG~E
MAIL AODR: p 0 BOX 2&14~ - ~ERV
CT/ST: RICH~D
OLD OW~: ZIP:
PrOPErTY ADDR: 223& MOUNTAIN VIEW TERR~E SW
X-~EF NA~: TROUT, ~ST~ R
TYPE OWNER:
***************__*****
* CUrrENT VALUATIONS ~
BLDG V~UE: 35, ~
M ISCELLAN~oUS
LAST RBCOR~ ~T~: / /
LAST S~BS PRICE:
L~D USE: ~ ~ ~
TAX MAP NO:
OWNER ~:
CO-OWNER:
C/O NAME:
LEGAL DESCRIPTION
LOT 5 BLI< 1 SEC 4
TRANSFER NO: 87-~2~¢
TAX TICKET: 8~-03~4
ZIP: 24G18 EXEMPT CODE:
ANNUAL TAX DUE:
*******#*~******#.~
* FROZEN TAX DATA *
*******************
LAND VALUE:
BLDG VALUE:
CD: RATE: CURR Yr:
ORG YR: O~
INFORMATION ........
DEED BOOK NO: 1551
DEED BOOK PACE: 1075
D~TE OF' DEED: 12/12/S&
DATE OF LAST CH~E: G3/24/8~
OPERATOR INITIALS: jj
.... REAL ESTATE: LANDBo~< INQUIRY
14303~&
~ ESTATE:
143D~
WALTON, C R & M~,GIE
LEG~TZON
TRANSFER NO:
TAX TICKET:
ANNUAL TAX DI.J~: 331
~D V~: 4,~
~ V~: ~,5~
CD: ~ RA~: 1'~ ~ ~: 89
ZNFORHAT ION ........
~TE ~ ~T ~E: GS/OS/s&
~AT~ ZNZTI~S: jj
~ I~IRY
~IC CI~ ~
TAX TIQ(~:
ZIP: 2~5 ~ ~:
~ ~ t~ ~T~ .
~ V~: ~ , G~
~ V~:
MAIL ADDR: 2232 MOUNTAIN VIEW TEAR ~W
CT/ST: ROANOI<E, VA
OUD O~NER:
PROPERTY AD~: 2232 ~TAZN VIEW ~ ~
X-REF ~: ~T~, C R
TYPE ~R: I
"C~RENT V~U~TZ~ .
""*""*-*.~**~***.~.
L~V~: 4,5~
i
I
III
Of.ce of ~he Ci~ C]er~
June 22, 1989
File #51
Mr. Robert L. Grubb
Attorney
15 East Center Street
Lexington, North Carolina
27292
Dear Mr. Grubb:
I am enclosing copy of a report of the City Planning Commission
recommending that the Council of the City of Roanoke grant the
request of your client R. G. Real Estate~ Inc., that a tract of
land located on Mountain View Terrace, S. W., containing 1.52
acre, more or less, identified .as Official Tax No. 1421501, be
rezoned from RM-i~ Residential Multi-Family, Low Density
District, and LM, Light Manufacturing District, to RM-2,
Residential Multi-Family, ~edium Density District.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6,
1981, a public hearing on the abovedescribed request has been set
for Monday, July 10, 1989, at 7:30 p.m., in the City Council
Chamber, fourth floor of the i~nicipal Building, 215 Church
Avenue~ So W.
For your information, I am also enclosing copy of a notice of the
public hearing. The Ordinance will be prepared by Mr. Steven J.
Talevi~ Assistant City Attorney, and will be forwarded to you
under separate cover at a later date. Questions with regard to
the City Planning Co~ission report should be directed to Mr.
John R. Marlles, Chief of Corr~unity Planning~ at 981-2344.
Sincerely~ ")
Mary F. Parker, CMC
City Clerk
MFP:ra
PUBLIC14
Enco
Room 456 /',~nicipai Building 215 Church Avenue SW Roanoke V~rg~nia 2401 t (703) 98t-254t
Mr. Robert L.
Page 2
June 22, 1989
Gru_bb_
pc:
lit. Coy Bowling, I0~8 Goodland Road, N. E., Roanoke,
Virginia 24012
R. G. Real Estate, Inc., P. O. Box 1420, Lexington, North
Carolina 27293
Ms. Eula H. Burnett, 912 Bridge Street, S. W., Roanoke,
Virginia 24015
Mr. & Mrs. Collier J. Smith, 916 Oridge Street, S. W.
Roanoke~ Virginia 24015
Mr. Steven R. Viar, 709 Seventh Street~ S. E., Roanoke
Virginia 24013
Ms. Linda D. Metz, 2213 Mountain View Terrace, S. W.
Roanoke, Virginia 24015
Ms. Patricia S. Farris, 2248 Mountain View Terrace, S. W.
Roanoke, Virginia 24015
Mr. & Mrs. John M. Welfare, 3033 Dover Road, S. W., Roanoke
Virginia 24018
Mr. & Mrs. Lester R. Trout, Sr., 2236 Mountain View Terrace
S. W., Roanoke, Virginia 24015
l{r. & Mrs. C. R. Walton, 2232 Mountain View Terrace, S. W.
Roanoke~ Virginia 24015
Mr. & Mrs. W. Scott Anglin~ 2228 Mountain View Terrace,
S. W., Roanoke, Virginia 24015
Mr. David D. Greene, 2224 Mountain View Terrace, S. W.,
Roanoke, Virginia 24015
Mr. & Mrs. Waitman W. Weeks, 2220 Mountain View Terrace,
S. W., Roanoke~ Virginia 24015
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven 9. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel~ Chairman~ City Planning Commission
Mr. L. Elwood Norris~ Chairman~ 8oard of Zoning Appeals
Mr. William F. Clark~ Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles Il. Huffine~ City Engineer
Mr. Ronald H. Miller~ Building Cotranissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris ~ayne, Office of Real Estate Valuation
~ NUMBER - 62119779
PUBLISHER'S FEE
CITY OF ROANOKE
C/O MARY F PARKER
CITY CLERKS OFFICE
ROOM 45o MUNICIPAL BLDG
ROANOKE VA 2~011
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF
PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, ~HICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWS, A
DAILY NEWSPAPEK PUBLISHED IN ROANOKE, IN
THE STATt OF VIRGINIA~ DC CERTIFY THAT
THE ANNEXED NOTICE ~AS PUbLiSHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
06/23/~9 MORNING
06/30/89 MORNING
~ITNESS~ T.~ST QAY OF JULY 1989
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 Bearing on Monday, July
10, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RM-1, Residential Multifamily, Low
Density District, and LM, Light Manufacturing District, to RM-2,
Residential Multifamily, Medium Density District, the following
property:
A tract of land located on Mountain View Terrace,
S. W., containing 1.52 acres, and bearing Official Tax
No. 1421501.
This rezoning is to be subject to certain conditions prof-
fered by the petitioner. A copy of this proposal is available
for public inspection in the Office of the City Clerk, Room 456,
~unicipal Building. Ail parties in interest and citizens may
appear on the above date and be heard on the question.
GIVEN under my hand this 21st day of June , 1989.
Mary F. Parker, City Clerk
Please publish in full twice, once on Friday,
June 23, 1989, and once on Friday, June 30,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit and bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
O~ce of ~he OW C!ed~
May 16, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the, City of
Roanoke (1979), as amended, [ am enclosing copy of a petition
from Mr. Robert L. Grubb, Attorney, representing R. G. Real
Estate, Inc., requesting that a tract of land located at 2251
Mountain View Terrace, S. W., containing 1.52 acres, more or
less, identified as Official Tax No. 1421501, be rezoned from
RM-1, Residential Multi-Family, Low Density District, and LM,
Light Manufacturing District, to RM-2, Residential Multi-Family,
Medium Density District.
Sincerely, ,~
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE14
pc: Mr. Robert L. Grubb, Attorney, 15 East Center
Lexington, North Carolina 27292
Hr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Street,
Room 456 Munici~al BuildJncj 215 C'~urch Avenue SW Roanoke. V~rg~nia 24011 (703) 981-2.~1.1
IN THE COUNCIL OF THE CITY OF ROAJqOKE, VIRGINIA
IN RE: REZONING OF A TRACT OF LAND
LYING IN THE CITY OF ROANOKE,
COMMONWEALTH OF VIRGINIA, AT 225]
MOUNTAIN VIEW TERRACE, S.W., TAX
NUMBER ]42]50], FROM RM-] AND LM
TO RM-2.
) PETITION
) TO
) REZO---NE
)
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROB-NOKE.
The Petitioner, R.G. Real Estate, Inc., owns land in
the City of Roanoke containing ].52 acres, more or less,
located at 225] Mountain View Terrace, S.W., Tax Number
]42]50]. Said tract is currently zoned RM-] and LM. A map
of the property to be rezoned is attached as exhibit A.
Pursuant to Article VII of Chapter 36.]-690, Code of
the City of Roanoke (]979), as amended, the Petitioner
requests that the said property to be rezoned from RM-] and
LM Districts to RM-2 District, for the purpose of bringing
existing Multif0mily Structures into conformance as allowed
under RM-2 permitted uses.
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 after
rezoning, the use of the property for apartments will conform
to the zoning ordinance.
Attached as Exhibit B 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 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 10th day of May, 1989.
Respectfully submitted,
By: Robert L. Grubb
Of Counsel
15 East Center Street
Lexington, North Carolina
Telephone: (704) 249-2194
R. G. Real Estate, Inc.
15 East Center Street
Lexington, North Carolina 27292
Telephone: (704) 249-2194
Vice President
27292
EXHIBIT B
NAMES, ADDRESSES, AND TAX NUMBERS OF OWNERS OF ALL PROPERTY
IMMEDIATELY ADJACENT TO OR IMMEDIATELY ACROSS A STREET OR ROAD
FROM THE PROPERTY TO BE REZONED:
Tax Map Number: 1421502
Owner: Coy Bowling
Address: 2428 Roanoke Avenue SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1421503
Owner: R. G. Real Estate, Inc.
Address: 15 East Center Street
Lexington, North Carolina 27292
Mortgagee: Emigrant Savings Bank
5 East 42nd Street
New York, New York 10017
Tax Number: 1421631
Owner: Eula H. Burnett
Address: 912 Bridge Street SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1421632
Owners: Collier J. Smith and Garnette M. Smith
Address: 916 Bridge Street SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1421633
Owner: Steven R. Viar
Address: 709 Seventh Street SE
Roanoke, Virginia 24013
Mortgagee: None listed
Tax Map Number: 1421650
Owner: Linda D. Metz
Property Address: 2213 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Southwest Virginia Savings and Loan Association
Campbell Avenue and Second Street SW
Roanoke, Virginia 24011
Tax Map Number: 1430301
Owner: Bradley T. Bloomer
Property Address: 2262 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Coreast Savings Bank
Post Office Box 35010
Richmond, Virginia 23235
EXHIBIT B - Continued:
Tax Map Number: 1430302
Owners: Charles R. St. Clair and Barbara A. St. Clair
Property Address: 2258 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: J. I. Kislak Mortgage Corporation of Florida
Post Office Box 025409
Miami, Florida 33102
Tax Map Number: 1430303
Owners: Norman D. Scheie et al
Property Address: 2254 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: First Union Mortgage Corporation
Post Office Box 18109
Raleigh, North Carolina 27619
Tax Map Number: 1430304
Name Patricia S. Farris
Property Address: 2248 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Dominion Bankshares Mortgage Corporation
Post Office Box 13317
Roanoke, Virginia 24040
Tax Map Number: 1430305
Owners: John M. Welfare and Lois H.
Address: 3033 Dover Road SW
Roanoke, Virginia 24018
Welfare
Tax Map Number: 1430306
Owners: Lester R. Trout, Sr., and Hettie P. Trout
Property Address: 2236 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Crestar Mortgage Corporation
Post Office Box 26149
Richmond, Virginia 23260
Tax Map Number: 1430308
Owners: C. R. Walton and Maggie Walton
Mailing Address: 2232 Mountain View Terrace SW
Roanoke, Virginia 24015
Mortgagee: None listed
Tax Map Number: 1430309
Owners: W. Scott Anglin and Janet F. Anglin
Property Address: 2228 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Sovran Mortgage Corporation
Post Office Box 26388
Richmond, Virginia 23260
EXHIBIT B - Continued:
Tax Map Number: 1430310
Owner: David D. Greene
Property Address: 2224 Mountain View Termace
Roanoke, Virginia
Mortgagee: Dominion Federal Savings and Loan
Post Office Box 9564
McLean, Virginia 22101
SW
Tax Map Number: 1430311
Owners: Waitman W. Weeks and Elizabeth B. Weeks
Property Address: 2220 Mountain View Terrace SW
Roanoke, Virginia
Mortgagee: Sovran Mortgage Corporation
Post Office Box 26388
Richmond, Virginia 23260
~ TAX MAP NO:
OWNER NAME:
CO-OWNER:
C/O NAME:
MAIL ADDR:
CT/ST:
OLD OWNER:
PROPERTY ADDR:
X-REF NAME;
TYPE OWNER:
14303(35
WELFARE, JOHN M & LOIS H
3033 DOVER RD SW
ROANOKE, VA
REAL ESTATE: LANDBO01< INQUIRy
LEGAL DESCRIPTION
LOT 5 BLI< 1 SEC 4
R D
TRANSFER NO: 87-(326(311
TAX TICKET: 89-(33947E
ZIP 24(318 EXEMPT CODE:
2244 MOUNTAIN VIEW TERR SW 2246
WELFARE, JOHN M
~ CURRENT VALUATIONS m
LAND VALUE: 5, (3(3(3
BLDG VALUE: 47,5(3(3
MISCELLANEOus
LAST RECORDED DATE; 12/12/86
LAST SALES PRICE: 54,000
LAND USE: 30(3 NBRHD CODE:
COMMENTS
ANNUAL TAX DUE:
~ FROZEN TAX DATA
LAND VALUE:
BLDG VALUE:
CD: RATE: CURR IR:
ORG YR: (3(3
INFORMATION
DEED BOOK NO: 1551
DEED BOOK PAGE: 1(375
DATE OF DEED: 12/12/86
656.2z
TAX MAP NO: 1430306
O~NER NAME: TROUT, LESTER R SR & HETTIE p
CO-OWNER:
BANI< CODE/NM: 81(3--CRESTAR MORTGAGE CORP
MAIL ADDR: P 0 BOX 26149 - SERV DIV TAX DEPT
CT/ST: RICHMOND~ VA
OLD OWNER: ZIP:
PROPERTY ADDR; 22~6 MOUNTAIN VIEW TERRACE SW
X-REF NAME: TROUT, LESTER R SR
TYPE OWNER: I
* CURRENT VALUATIONS .
LAND VALUE: 4,5(3(3
BLDG VALUE: 35,4(30
MISCELLANEOUs
LAST RECORDED DATE: / /
LAST SALES PRICE:
LAND USE: 10(3 NBRHD CODE:
COMMENTS
DATE OF LAST CHANGE: 03/24/87
OPERATOR INITIALS: JJ
REAL ESTATE: LANDBO01( INQUIRY
LEGAL D_~TION
R-~-]D-~F4-A~I~ CiTY R~ALTY
TRANSFER NO: 77-(3(38727
TAX TICKET:
EXEMPT CODE:
REAL ESTATE: LANDBO01(
ANNUAL TAX DUE: 331
~ FROZEN TAX DATA
LAND VALUE: 4
BLDG VALUE: 22,
CD: E RATE: I .25 CURR YR:
ORG YR: 78
INFORMATION
DEED BOOK NO:
DEED BOOK PAGE:
DATE OF DEED: / /
DATE OF LAST CHANGE:
OPERATOR INITIALS; JJ
INQUIRY
LEGAL DESCRIPTION
LOT ~
MAGIC CITY REALTY
TRANSFER NO:
TAX TICKET: 8~-e3874~
ZIP: 24¢15 EXEMPT CODE
V/ TAX MAP NO: 143(3308
OWNER NAME: WALTON, C R & MAGGIE
CO-OWNER:
C/O NAME:
MAIL ADDR: ~ ~
~3~ MOUNTAIN VIEW TERR SW
CT/ST: ROANOKE, VA
OLD OWNER:
PROPERTY ADDR: o~ ~
-~3~ MOUNTAIN VIEW TERRACE SW
X-REF NAME: WALTON, C R
TYPE OWNER: I
* CURRENT VALUATIONS ~
LAND VALUE: 4,5(3(3
BLDG VALUE: 26,300
ANNUAL TAX DUE:
* FROZEN TAX DATA
LAND VALUE: 1,(35(3
BLDG VALUE: 7,0(3(3
CD: E RATE: 1.25
1 (3(3. ~.
CURR YR: 89
/
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGI~~ ~
PERTAINING TO THE REZONING OF:
Request from Robert L. Grubb, attorney, representing R. G.)
R. G. Real Estate, Inc., that a tract of land located on )
Mountain View Terrace, S.W., containing 1.52 acres, and )AFFIDAVIT
bearing Official Tax No. 1421501 be rezoned from RM-1 to )
RM-2o )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of
mail on the 26th day of May, 1989,
held on the 7th day of June, 1989,
Roanoke she has sent by first-class
notices of a public hearing to be
on the rezoning captioned above to
the owner or agent of the parcels listed below at their last known
address:
PARCEL
1421502
1421503
1421631
1421632
1421633
1421650
1430304
1430305
1430306
1430308
1430309
OWNER~ AGENT OR OCCUPANT
Coy Bowling
R. G. Real Estate, Inc.
Eula H. Burnett
Collier J. Smith
Garnette M. Smith
Steven R. Viar
Linda D. Metz
Patricia S. Farris
John M. Welfare
Lois H. Welfare
Lester R. Trout, Sr.
Hettie P. Trout
C. R. and Maggie Walton
W. Scott Anglin
Janet F° Anglin
ADDRESS
1028 Goodland Road, NE
Roanoke, VA 24012
P. O. Box 1420
Lexington, NC 27293
912 Bridge Street, SW
Roanoke, VA 24015
916 Bridge Street, SW
Roanoke VA 24015
709 Seventh Street, SE
Roanoke, VA 24013
2213 Mountain View Ter
Roanoke VA 24015
2248 Mountain View Ter
Roanoke VA 24015
3033 Dover Road
Roanoke VA 24018
2236 Mountain View Ter
Roanoke VA 24015
2232 Mountain View Ter
Roanoke VA 24015
2228 Mountain View Ter
Roanoke, VA 24015
1430310
1430311
David D. Greene
2224 Mountain View Ter
Roanoke, VA 24015
Waitman W. Weeks 2220 Mountain View Ter
Elizabeth B. Weeks Roanoke, VA 24015
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 26th day of May, 1989.
My Commission Expires:
/ /
Notary Public/
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 7, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from R. G. Real Estate, Inc., represented by Robert
L. Grubb, that a tract of land located at 2251 Mountain View
Terrace, S.W., official tax no. 1421501 be rezoned from
RM-1, Residential Multi-family, low density District and LM,
Light Manufacturing District, to RM-2, Residential
Multi-family, medium density District,
A copy of said application is available for review in the
Office of Come, unity Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
......... Roanoke City Planning Commission
Please run in the evening edition on May 23, 1989.
Please run in the morning edition on May 30, 1989.
Please bill and send affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
Office of the City Cle~
August 1, 1989
File #$I
Mr. Daniel F. Layman, Jr.
Attorney
P. O. Box 720
Roanoke, Virginia 24004
Dear Mr. Layman:
I am enclosing copy of Ordinance No. 29656 rezoning the eastern
portion of a 1.04 acre tract of land lying near the northwest
intersection of Melrose Avenue, N. W., and Country Club Drive,
N. W., being the northern portion of the tot formerly designated
as Official Tax No. 2660502, from RS-3, Residential Single-Family
District, to C-1, Office District. Ordinance No. 29656 was
adopted by the Council of the City of Roanoke on fi,st reading on
Monday, July 10, 1989, also adopted by the Couneit on second
reading on Monday, July 24, 1969, and~wlll take effect ten days
following the date of its second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
Eno.
pc:
Ms. Penelope T. Lynch, 3319 Olivet Street, N. W., Roanoke,
Virginia 24017
Mr. C. H. Havnae,, P. O. Bo~ 6357, Roanoke, Virginia 24017
Roanoke Investments Association, 101 South Jefferson Street,
Suite 400, Roanoke, Virginia 24011
Mr. & Mrs. Edgar D. P,itlaman, 1002 Winona Avenue, S. W.o
Roanoke, Virginia 24015
Mr. Wayne G. Stricktand, E~ecutive Director', Fifth Planning
District Corr~nission, P. O. Bo~ 2569, Roanoke, Virginia 24010
Room 456 ~nlclpot Building 215 Church Avenue, S,W. Roanoke. Virginia 240t '1 (703) 981-254'1
.Mr. Daniel F. Layman,
July 26, 1989
Page 2
Jr.
pc~,
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, Ill, Director of Real Estate Valuation
Mr. Michael M. Watdvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronatd H. Miller, Building Co~issioner and Zoning
Administrator
Mr. John R. MarlIes, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF TRE CITY OF ROANOKE, VIRGINIAj
The 24th day of July, 1989.
No. 29656.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 266, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City.
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-3,
Residential Single Family District, to C-1, Office 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 on said application by the City
Council at its meeting on July 10, 1989, at 7:30 p.m., 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 applica-
tion, 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. 266 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a 1.04 acre tract lying near the northeast
intersection of Melrose Avenue, N. W., and Country Club Drive, N.
being the northern portion of the lot formerly designated as Official
Tax No. 2660502 on Sheet No. 266 of the Sectional 1976 Zone Map, City
of Roanoke, be, and is hereby rezoned from RS-3, Residenzial Single
Family District, to C-1, Office District, and that Sheet No. 266 of
the Zone Map be changed in this respect.
ATTEST:
City Clerk.
July 3, 1989
File #51
Mr. Daniel F. Layman, Jr.
Attorney
P. O. Box 720
Roanoke, Virginia 24004
Dear Mr. Layman:
Pursuant to rrry communication under date of June 20, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with the request of your client,
Roanoke Country Club, Inc., that the eastern portion of a 1.04
acre tract of land lying near the northeastern intersection of
Melrose Avenue, and Country Club Drive, N. W., being the northern
portion of the tot formerly designated as Official Tax No.
2660502, be rezoned from RS-3, Residential Single-Family
District, to C-1, Office District. The above described Ordinance
wilt be considered by the Council at a regular meeting to be held
on Monday, July 10, 1989, in the City Council Chamber, fourth
floor of the Municipal Building.
Please review the Ordinance and if you have questions, you nay
contact Mr. Steven J. Tatevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC13A
Enc.
S incerety,
Mary F. Parker, CMC
City Clerk
Room 456 Municipal Buildir. g 215 C~urch Avenue SW Roanote~ ~rg~nia 24011 (703) 981-254t
Roanoke City Planning Commission
July 10, 1989
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Mayor
Subject:
Request from Mr. Daniel F. Layman,
Jr., Attorney, representing Roanoke
Country Club, Inc., that the eastern
portion of a 1.04 acre tract of
land lying near the northeast
intersection of Melrose Avenue, N.W.,
and Country Club Drive, N.W., being the
northern portion of the lot formerly
designated as Official Tax No. 2660502,
be rezoned from RS-3, Residential
Single-Family District, to C-l, Office
District.
Background:
Purpose of the rezoning request is to comply
with the conditions set forth during the
subdivision process requiring that "New Tract
2" as created and combined will be in a
single zoning district, as is consistent with
good zoning practice.
Ultimately, the subject property will be used
in conjunction with the Roanoke Country
Club's club house facility.
Be
Petition to rezone was filed on April 19· No
proffered conditions were offered.
Ce
Plannin9 Commission public hearing was held
on June ?, 1989. Mr. Daniel F. Layman,
attorney, appeared before the Commission on
behalf of the petitioner. He stated that the
request rose out of the sale and subdivision
of the property. He said the Roanoke Country
Room 355 Municipal Building 215 Chura% Avenue, SW Roanoke, Virginia 240'i t (703) 98t-2344
Members of Council
Page 2
July 10, 1989
Club purchased the rear portion of the tract,
including the house, and that Fibercom had
purchased the front portion. Mr. Layman
stated that as a condition of the requested
subdivision, City staff had required that a
rezoning petition be filed so that the land
would be zoned the same as the land it was
being combined with. Mr. Layman further
stated that the plans for the tract that
contain the house were not definite at this
time and that the present tenants would
remain until some time next year. Mr. Layman
advised the Commission that he had talked
with Penelope Lynch, adjoining property
owner, about screening her property. Mr.
Layman assured the Commission and Ms. Lynch
that Roanoke Country Club would adhere to all
requirements with regards to screening and
buffering.
At this point, Mr. Bradshaw abstained from
discussion and vote because of his membership
in the Roanoke Country Club.
Ms. Penelope Lynch (3319 Olivet Street)
appeared before the Commission. She said she
was concerned about her privacy, if there was
any filling planned, and if landscaping was
going to be provided. She stated she had no
objection as long adequate screening and
buffering using landscaping were being
provided.
Mr. Marlles responded that landscaping and
screening is required and that Mr. Layman and
Roanoke Country Club acknowledged that fact,
and furthermore, Mr. Marlles noted that
Ms. Lynch would be notified if and when a
site plan was submitted for review.
II.
Issues
Zoning is currently RS-3 to the north and
east of the subject property. To the south
and the west C-1 zoning exists.
Land Use is currently residential. To the
north is Roanoke Country Club, a recreational
use. To the east, mixed residential uses
exist (both single family and duplexes).
Commercial uses exist to the south. To the
west across Country Club Road exists a mix of
residential and commercial uses.
Members of Council
Page 3
July 10, 1989
Utilities would not be affected. Acceptable
levels of service currently exist.
Traffic impact is expected to be minimal.
Access would change to Country Club Road and
existing driveway would be abandoned.
Neighborhood is not represented by a
neighborhood organization. As of this
writing no con~nent from the neighborhood
has been received by staff.
Comprehensive Plan recommends that
neighborhood character and environmental
quality should be protected, and
commercial impact on neighborhood be
carefully evaluated.
III.
Alternatives:
A. City Council approve the rezoning request.
Zoning would become C-i, Office
District, Site complies with the
conditions set forth during
subdivision.
Land Use becomes recreational/
commercial and Roanoke Country Club can
expand their facilities.
3. Utilities can be provided, if needed.
4. Traffic impact would be minimal.
Neighborhood character is protected.
The Country Club provides open space
contributes positively to the
neighborhood and the community.
and
6. Comprehensive Plan would be followed.
B. City Council deny the rezoning request.
Zoning remains RS-3 and site does not
comply to subdivision conditions.
2. Land Use remains unchanged.
3. Utilities are unaffected.
4. Traffic is unaffected.
Members of Council
Page 4
July 10, 1989
5.
6.
Neighborhood remains stable.
Comprehensive Plan could be followed.
IV.
Recommendations
By a vote of 6-0-1 (Mr. Bradshaw abstaining), the
Planning Commission recommended approval of the
rezoning request. Good zoning practice suggests
that parcels should be singly zoned. Also,
Roanoke Country Club contributes positively to the
neighborhood and any addition to the facility is
not perceived as being threatening to the
neighborhood and community.
Respectfully submitted,
Roanoke City Planning Commission
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
Office of ~e Ci~ Cler~
April 19, 1989
Hr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from Mr. Daniel F. Layman, Jr., Attorney, representing Roanoke
Country Club, Inc., requesting that the eastern portion of a 1.04
acre tract of land lying near the northwest intersection of
Melrose Avenue, N. W., and Country Club Drive, N. IV., being the
northern portion of the lot formerly designated as Official Tax
No. 2660502, be rezoned from RS-3, Residential Single-Family
District, to C-1, Office District.
MFP:ra
REZONE13
Enco
pc: Mr. Daniel F. Layman,
~r.ginia 24004
John R. Marlles,
Commission
Mr. Ronald H. Miller~
Mr. Steven J. Talevi,
Sincere ly, /"~
Mary F. Parker, CMC
City Clerk
Jr., Attorney, p. O. Box 720,
Agent/Secretary, City Planning
Zoning Administrator
Assistant City Attorney
Roanoke,
R°°m456 MunicJl:x~lBuilding 215 Church A',~ue SW R~:~no~e Vir.ctlnia244D11 (70~)981-2541
VIRGINIA:
IN THE COUNCIL OF THE CITY OF ROANOKE
IN RE:
Rezoning of a 1.04-Acre Tract of
Land Lying Near the Northeast
Intersection of Melrose Avenue,
N.W. and Country Club Drive, N.W.
from RS-3, Residential Single-Family
District, to C-l, Office District
PETITION FOR
REZONING
TO: The Honorable Mayor and Members of the Council of the City
of Roanoke
(1) The petitioner, Roanoke Country Club, Inc., is the
owner of a 1.04-acre parcel of land lying near the northeast
intersection of Melrose Avenue, N.W. and Country Club Drive,
N.W. in the City of Roanoke. This parcel is the northern
portion of the lot which formerly bore Official Tax No. 2660502
and which has recently been subdivided by plat recorded in Map
Book 1, page 831, in the Clerk's Office of the Circuit Court of
the City of Roanoke.
(2) As subdivided, this parcel has been combined with the
property adjoining it on the west, which bears Official Tax No.
2660501, into a new 3.335-acre parqel which fronts on Country
Club Drive, N.W. A copy of the plat of subdivision showing
this combination of parcels is attached to this petition as
Exhibit A. '~
(3) The original portion of parcel 2660501 is zoned C-l,
Office District. The subject property, which is the former
portion of parcel 2660502 which has been combined with 2660501,
is zoned RS-3, Residential Single-Family District. As a
condition to approval of the plat of subdivision combining the
two parcels, the City's Department of Community Planning has
required that this petition be filed so that the new combined
parcel will be in a single zoning district, as consistent with
good zoning practice.
(4) Accordingly, pursuant to Article VII of Chapter 36.1
of the Code of the City of Roanoke (1979), petitioner Roanoke
Country Club, Inc. requests that the 1.04-acre eastern portion
of the new parcel bearing Official Tax No. 2660501 be rezoned
from RS-3, Residential Single-Family District, to C-l, Office
District, to match the zoning of the original portion of parcel
2660501.
(5) There is currently a residence located on the subject
property, but it is the petitioner's intention ultimately to
raze this dwelling and use the subject property in connection
with its adjacent clubhouse operation.
(6) This request constitutes an extension of an existing
C-1 zoning district and therefore does not violate the re-
striction in §36.1-690(g) of the City Code.
(7) Attached to this petitio~ as Exhibit B are the names
and addresses of the owners of all property immediately adja-
cent to the property to be rezoned.
WHEREFORE, Roanoke Country Club, Inc. requests that the
above-described 1.04-acre tract be rezoned as herein set forth,
-2-
in accordance with the provisions of the Zoning Ordinance of
the City of Roanoke.
Daniel F. Layman, Jr.
Woods, Rogers & Hazlegrove
P. O. Box 720
Roanoke, VA 24004
Respectfully,
ROANOKE COUNTRY CLUB, INC.
Of Counsel ~
Counsel for Roanoke Country Club, Inc.
-3-
Exhibit B
to Rezoning Petition of
Roanoke Country Club, Inc.
Official Tax No.
2550101
List of Ad~oinin~ Properties
Owner
Roanoke Country Club, Inc.
Address
2660504
2660503
2660519
Penelope T. Lynch
C. H. Havnaer
Roanoke Investments
Associated, Inc.
Roanoke Country Club,
3319 Olivet St.,NW
Roanoke, VA 24017
P. O. Box 6357
Roanoke, VA 24017
101 S.Jefferson St.
Suite 400
Roanoke, VA 24011
2660501 Inc.
LOCATIO
'I EZ()NIN(
Office of the Citv C;er~
June 20, 19,~9
File #51
Mr. Daniel F. Layman, Jr.
Attorney
P. O. Box 720
Roanoke, Virginia 24004
Dear Mr. Layman:
I am enclosing copy of a report of the City Planning Commission
recommending that the Council of the City of Roanoke grant the
request of your client, Roanoke Country Club, Inc., that the
eastern portion of a 1.04 acre tract of land lying near the
northeastern intersection of Melrose Avenue, and Country Club
Drive, N. W., being the northern portion of the lot formerly
designated as Official Tax No. 2660502, be rezoned from RS-3,
Residential Single-Family District, to C-1~ Office District.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday~ April 6,
1951, a public hearing on the abovedescribed request has been set
for Monday, July 10, 1989, at 7:30 p.m.~ in the City Council
Chamber, fourth floor of the Municipal Building~ 215 Church
Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing. The Ordinance will be prepared by Mr. Steven J.
Talevi, Assistant City Attorney, and will be forwarded to you
under separate cover at a later date. Ouestions with regard to
the City Planning Commission report should be directed to ~lr.
John R. Marlles, Chief of Community Planning, at 981-2344.
MFP:ra
PUBLIC13
Enc,
Sincerely, /'-~/
Mary F. Parker~ CMC
Cit~ Clerk
Room 456 Municipal Building 215 Church A,.~que SW Roanoke. V~rg~nia 2401 t (703) 98%2541
Mr. Daniel F.
Page 2
June 22, 1989
L ay_m.a.n · J r.
pe~
Ms. Penelope T. Lynch~ 3319 Olivet Street~ N. W.~ Roanoke~
Virginia 24017
Mr. C. H. Havnaer~ P. 0. Box 6357~ Roanoke~ Virginia 24017
Roanoke Investments Association, 101 South Jefferson Street,
Suite 400, Roanoke~ Virginia 24011
Mr. & Mrs. Edgar D. Prillaman, 1002 Winona
Roanoke~ Virginia 24015
Mr. Wayne G. Strickland, Executive Director~
District Corrgnission, P. 0. Box 2569~ Roanoke~
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling~ Jr.~ City Attorney
Mr. Steven J. Talevi~ Assistant City Attorney
Mr. Von W. Moody, III~ Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman~ Board of ~oning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne~ Office of Real Estate Valuation
Avenue, S. W.,
Fifth Planning
Virginia 24010
~ANOK~ TI~25 & aCRLD-N~S
A. NUMBER - 62118115
PUBLISHER'S FEE - $81.00
DANIEL F LAYMAN
P 0 BOX 720
ROANOKE VA 2~00~
STATE OF VIRGINIA
CITY GF ROANOKE
AFFIDAVIT OF
PUBLICATION
i, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & ~CRLO-NE.S, A
DALLY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRwINIA, 00 CERTIFY THAT
THE ANNEXED NOTICE wAS PUBLISHED IN SAID
NEWSPAPERS ON T~E FOLLOWING DATES
06/23/89 MORNING
06/30/89 MORNING
WITNESS, THiS IST DAY OF JULY 19~59
NOTICE OF PUBLIC HEARING
TO ~HOM 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, July
10, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., on the question of rezoning
from RS-3, Residential Single Family District, to C-l, Office
District, the following property:
A parcel of land, being the eastern portion of a 1.04
acre tract lying near the northeast intersection of
Melrose Avenue, N.W., and Country Club Drive, N. W.,
being the northern portion of the lot formerly
designated as Official Tax No. 2660502.
A copy of this proposal is available for public inspection in
Office of the City Clerk, Room 456, Municipal Building. All
the
parties in interest may appear
the question.
on the above date and be heard on
GIVEN under my hand this
21st day of June , 1989.
Mary F. Parker, City Clerk
Please publish in full twice, once on Friday,
June 23, 1989, and once on Friday, June 30,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Mr. Daniel F. Layman~ Jr,
Attorney
P. O. Box 720
Roanoke, Virginia 24004
Office of the Ci~ Cle~
April 19, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from Mr. Daniel F. Layman, Jr., Attorney, representing Roanoke
Country Club, Inc., requesting that the eastern portion of a 1.04
acre tract of land lying near the north~ intersection of
Melrose Avenue, N. W., and Country Club Drive, N. W., being the
northern portion of the lot formerly designated as Official Tax
No. 2660502, be rezoned from RS-3, Residential Single-Family
District, to C-1, Office District.
Sincere ly, ,~
Mary F. Parker, CMC
City Clerk
MFP: ra
REZONE 13
Enc.
pc:
Mr. Daniel F. Layman, Jr., Attorney, p. O. Box 720,
Virginia 24004
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
Room 456 Municipal Building 215 C~urch Avenue S W Rc~noke ~rg~nia 24011 (703) 981-2541
TO THE CITY CLERK OF THE CITY OF ROANOKE, '~6~N~ ':i ·
PERTAINING TO THE REZONING OF:
Request from Roanoke Country, represented by Daniel F. )
Layman, Jr., attorney, that the eastern portion of a )
1.04 acre tract of land lying near the northwest inter-)AFFIDAVIT
section of Melrose Avenue, being a portion of tax no. )
2660502, be rezoned from RS-3 to C-1. )
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke she has sent by first-class
mail on the 26th day of May, 1989, notices of a public hearing to be
held on the 7th day of June, 1989, on the rezoning captioned above to
the owner or agent of the parcels listed below at their last known
address-
PARCEL
2660504
2660503
2660519
2660518
OWNERt AGENT OR OCCUPANT
Penelope T. Lynch
C. H. Havnaer
Roanoke Investments Assoc.
Edgar D. Prillaman
Mary A. Prillaman
ADDRESS
3319 Olivet Street
Roanoke, VA 24017
P. O. Box 6357
Roanoke, VA 24017
101 S. Jefferson
Suite 400
Roanoke, VA 24011
1002 Winona Avenue, SW
Roanoke, VA 24015
ar na Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 26th day of May, 1989.
Notary Public
My Commission Expires:
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING
COMMISSION
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, June 7, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from Daniel F. Layman, Jr., Attorney, representing
Roanoke Country Club, Inc., that the eastern portion of a
1.04 acre tract of land lying near the northwest
intersection of Melrose Avenue, N.W., and Country Club,
designated as a portion of Official Tax No. 2660502, be
rezoned from RS-3, Residential Single Family District to
C-l, Office District,
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
--------------------------------------------------________________________________________
Please run in the evening edition on May 23, 1989.
Please run in the morning edition on May 30, 1989.
Please bill: Daniel F. Layman, Jr.
Woods, Rogers & Hazlegrove
105 Franklin Road, S.W.
P. O. Box 720
Roanoke, VA 24004
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
August 1, 1989
File #51
Mr. B. K. Cruey
Attorney
2747 Penn Forest Boulevard, S.
Roanoke, Virginia 24018
Dear Mr. Cruey:
I am enclosing copy of Ordinance No. 29857 rezoning a tract of
land containing one.-fourth acrs, more or tess~ located at 1.502
1504 Melrose Avenue, N. W., identified as Official Tax No.
2222408, from RM-2, Residential Multi-Family, Mediw~ Density
District, to CN, N~ighbo,hood Co~,ciat Dist,ict. O,dinanc~ No~
:29657 was adopted by the Council of th~ City of Roanok~ on first
reading on Monday, July 10, 1989, also adopted by th~ Council on
second reading on Monday, Juty 24, 1989, and will taks ~ffect ten
days following the date of it~ s~cond ,eading.
Sincerely, ~~
Ma~y F. Pa~ke~ CMC
City Clerk
MFP:sw
F, nc.
pc:
Mr. & Mrs. John M. Terry, 1507 Melrose Avenue, N.
Roanoke, Virginia 24017
Ms..Claudia A. Whitworth and Mr. Stanley R. Hate, 2318
Melrose Avenue~ N. W., Roanoke, Virginia 24017
Fizer Funeral Home, 1427 Melrose Avenue, N. W., Roanoke,
Virginia 24017
Mr. John W. Gar~stt, 1506 Melrose Avenue, N. W., Roanoke,
Virginia 24017
Mr. H. B. Hodges, Jr., 31F Campbell Avenue, S. W.o Roanoke,
Virginia 24011
Mr. Wayne G. Stricktand, Executive Director, Fifth Planning
District Co~ission, P. O. ~ox 2589, Roanoke, Virginia 24010
Room 45~ Municipal Building 215 O'~uro~ Avenue. S.W Roano~e. Virg~nici 240t I (703) 981-254~
Mr. B. K. Cruey
August I, 1989
Page 2
pc:
Wo Robert Re,bert, City Manage,
Mr.- ~ViIburn C. Dibling, Jr., City Atto,ney
Steven Jo Talevi, Assistant City Attorney
Von W. Moody, Ill, Director of Real Estate Valuation
Michael M. Wald¥ogel, Chai,man, City Planning Commission
L. Etwood Norris, Chairman, Board of Zoning Appeals
William F. Clark, Director of Public Works
Kit Bo Kiser, Director of Utilities and Operations
Charles M. Huffine, City Engineer
Mr. Ronatd H. Miller, Building Co,~,dssioner and Zoning
Administrato,
Hr. John Ro Marlleso Agent/$ecreta,yo City Planning
Commission
Ms° Doris Layne° Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29657.
VIRGINIA,
AN ORDINANCE ~o amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 222, Sectional 1976 Zone Map, CiTy of
Roanoke, to rezone certain property within the City, subject to cer-
tain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-2,
Residential Multtfamily, Medium Density District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by the
applicant; and
WHEREAS, the City Planning Commission, which after giving proper
notice to all concerned as required by ~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 appli-
cation at its meeting on July 10, 1989, 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 applica-
tion, 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 S3~.1-3, Code of the City of Roanoke (1979), as amended, and
Sheet No. 222 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a tract of land containing one-fourth of an
acre, more or less, located at 1502-1504 Melrose Avenue, N.W.,
designated on Sheet No. 222 of the Sectional 1976 Zone Map, City of
Roanoke, as Official Tax No. 2222408 be, and is hereby rezoned from
RM-2, Residential Multifamily, Medium Density District, to CN,
Neighborhood Commercial District, subject to those conditions prof-
feted by and set forth in the Petition to Rezone filed on April 17,
1989, and Amended Petition to Rezone filed with the City Clerk on on
June 20, 1989, and that Sheet No. 222 of the Zone Map be changed in
this respect.
ATTEST:
City Clerk.
July 3, 1989
Mr. B. K. Cruey
Attorney
2747 Penn Forest ~oulevard,
Roanoke, Virginia 24018
S. W.
Dear Mr. Cruey:
Pursuant to my co,~unication under date of June 22, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with the request of your client,
Mr. George L. Bullock and Mr. Steven T. Helm, that a tract of
land containing 1/4 acre, more or tess, located at 1502 - 1504
Melrose Avenue, N. W., identified as Official Tax No. 2222408, be
rezoned from PM-2, Residential Multi-Family, Medium Density
District, to CN, Neighborhood Commercial District, subject to
certain conditions proffered by the petitioner. The above
described Ordinance wilt be considered by the Council at a regu-
lar meeting to be held on Monday, July 10, 1989, in the City
Council Chamber, fourth floor of the Municipal Building.
Please review the Ordinance and if you have questions, you may
contact Mr. Steven J. Tatevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC12A
Eric.
Sincere ty, i'i)
Mary F. Parker, CMC
City Clerk
Room 456 Municipol Bu!lOin¢j 2t5 (~urch Avenue SW R4::~noke %4r.q~ma 240t I (703) 98t-254'~
Roanoke City Planning Commission
July 10, 1989
The Honorable Noel C. Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from George L. Bullock and Steven T.
Helm, represented by B. K. Cruey, Attorney,
that a tract of land containing one-fourth
acre, more or less, located at 1502-1504
Melrose Avenue, N.W., and designated as
Official Tax No. 2222408, be rezoned from
RM-2, Residential Multi-Family, medium
density District, to CN, Neighborhood
Commercial District, such rezoning to be
subject to certain conditions proffered by
the petitioner.
Background:
Purpose of the request is to allow a vacant
commercial structure to be operated as a
neighborhood grocery store.
Subject property is not contiguous to C-2
property and is less than two acres in size.
Therefore, C-2 zoning cannot be pursued.
Proposed use is consistent with those
permitted in neighborhood commercial zones.
Ce
Petitioner has started process of
rehabilitating the interior and exterior of
the structure. A building permit was issued
in February, 1989, prior to his awareness for
the need to rezone the property in order to
use it for the proposed use.
Petition to rezone was filed on April 17,
1989. Proffered conditions are as follows:
That the existing structure will be
redeveloped and renovated in accordance
with the plan prepared by Jack G. Bess~
Room 355 Municipal Building 2t 5 Church Avenue, SW Poonoke. Virginia 24011 (703) 981-2344
Roanoke City Council
Page 2
July 10, 1989
dated December 9, 1988, a copy of which
is attached to the Petition for rezoning
as Exhibit "B".
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.
Proffer #2 would not seem to apply to the
present situation. Petitioner's attorney has
indicated a willingness to revise proffer to
make reversion clause contingent upon the
establishment of a neighborhood grocery store
within 3 years from the date of final zoning
approval.
Amended petition to rezone was filed on June
19, 1989. Conditions proffered by the
petitioners are as follows:
That the existing structure will be
redeveloped and renovated in accordance
with the plan prepared by Jack G. Bess,
dated December 8, 1988.
This proffer has not changed from the
original petition.
That if no building permit has been
issued and no construction commenced
within 12 months from the date of final
zoning approval, the zoning shall revert
to RM-2 without further action by City
Council.
This proffer has been changed to address
concerns expressed by the Planning
Commission.
Planning Commission public hearing was held
on Wednesday, June 7, 1989. Mr. B. K. Cruey,
attorney, appeared before the Commission on
behalf of the petitioners. Mr. Cruey said
that the property in question had previously
been used for a grocery store, which had
closed in 1982. He said that the petitioners
desired to reopen a neighborhood grocery.
Mr. Marlles gave the staff report and the
neighborhood had expressed a need for a
neighborhood grocery during the neighborhood
planning process and that the rezoning would
Roanoke
Page 3
July 10,
II.
III.
City Council
1989
fulfill that need as well as renovate an
existing structure. Mrs. Goode expressed
support for the rezoninq request, but
questioned the three year reversion limit.
Other members of the Commission agreed that
three years was an excessive length of time.
Mr. Cruey amended the proffer to provide for
reversion in 12 months from zoning approval.
There were no comments or discussion from the
audience.
Issues:
Zonin~ is presently RM-2, Residential Multi-
family District. Zoning to the north, south,
east and west is also RM-2. Zoning to the
east and west along Melrose Avenue is a
combination of primarily RM-2 to the south
and C-l, Office District to the north.
Land use is commercial on the first story and
residential on the second story. Land uses
in the area are a mixture of residential,
commercial (funeral home) and institutional
(Melrose Park, day care center).
C. Utilities are available and adequate.
Parkin9 is available on the street and at
rear of structure.
Ee
Neighborhood along Melrose Avenue is a
mixture of residential, commercial and
institutional uses. Business of this type
was the original use of the building.
F. Comprehensive Plan recommends that:
Neighborhood commercial services be
encouraged in residential areas where
needed.
Appropriate reuse and rehabilitation of
existing structures be encouraqed.
Alternatives:
A. City Council approve the rezoning request.
Zonin9 becomes CN. Intent of the
district to support and enhance existinq
neighborhood shopping area is met.
Roanoke City Council
Page 4
July 10, 1989
Land use as a grocery store is
consistent with the intended and past
use of the building.
3. Utilities not affected.
Parking is sufficient for the intended
use. Off-street parking is not required
in the CN zone for commercial uses.
5. Comprehensive Plan would be followed.
B. City Council deny the rezoning request.
1. Zoning remains RM-2.
Land use limited to residential
purposes. Existing commercial structure
would remain vacant.
3. Utilities not affected.
4. Parking not affected.
Comprehensive Plan would not be
followed.
IV.
Recommendation:
By a vote of 6-0 (Mr. Price absent for the vote),
the Planning Comission reco~nended aDDroval of the
rezoning request. The existing building was
originally intended and has been used in the past
as a neighborhood grocery store. At the present
time, CN zoning is the most appropriate
alternative to allow a reasonable and desirable
use of the subject property.
Respectfully submitted,
Michael M. Waldvogel, Chairman
Roanoke City Planning Commission
JRM:mpf
attachment
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
O~c~ of r~ City Cler~
April 18, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from Mr. B. K. Cruey, Attorney, representing Mr. George L.
Bullock and Mr. Steven T. Helm, requesting that a tract of land
containing 1/4 acre, more or less, located at 1502 - 1504 Melrose
Avenue, N. W., identified as Official Tax No. 2222408, be rezoned
from RM-2, Residential Multi-Family, Medium Density District, to
CN, Neighborhood Corr~ercial District, subject to certain con-
ditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE12
pc: Mr. B. K. Cruey, Attorney, 2747 Penn Forest Boulevard,
Roanoke, Virginia 24018
~J~fr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 MuniciDal Buildlr~ 215 O'~urch A',,~nue SW Roanoke k4rg~nia 24011 (703) 981-2541
IN THE COUNCIL OF TH~ CITY OF ROANOKEt VIRGINIA
IN RE:
Rezoning of a tract of land lying PETITION
in the City of Roanoke being known TO
and designated as 1502-4 Melrose Avenue NW REZONE
Tax Number 2222408, from RM-2 to CN
located at
zoned RM-2.
Exhibit A.
TO'£t4~-HONORABLEMAYORANDM~BERS OF '£tu~ COUNCIL OF '£~
CITY OF ROANOKE:
THE Petitioners, George L. Bullock and Steven T. Helm, own
land in the City of Roanoke containing 1/4 acre, more or less,
1502-1504 Melrose Avenue. Said tract is currently
A map of the property to be rezoned is attached as
Pursuant to Article VII of Chapter 36.1-690, Code of the
City of Roanoke (1979), as amended, the Petitioners request
that the said property be rezoned from RM-2, Residential
Multi-Family, Medium Density District, to CN: Neighborhood
Commercial District, subject to certain conditions set forth
below, for the purpose of establishing a neighborhood grocery
store.
The Petitioners believe 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 promote
economic development in the neighborhood and provide grocery
service to the community.
The Petitioners hereby proffer and agree that if the said
tract is rezoned as requested, that the rezoning will be
subject to, and that the Petitioners will abide by, the
following conditions:
1. That the existing structure will be redeveloped and
renovated in accordance with the plan prepared by
Jack G. Bess, dated December 9, 1988, a copy of which
is attached to the Petition for rezoning as Exhibit
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 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 the provisions of the Zoning Ordinance of the city of
Roanoke.
Respectfully submitted this llth day of April, 1989.
Respectfully submitted,
George L. Bullock
2026 June Drive
Roanoke, Virginia
24019
Steven M. Helm
1833 Angus Road, N. W.
Roanoke, Virginia 24017
Petitioners
B. K.
2747 Penn Forest Bl~d., S. W.
Roanoke, Virginia 24018
(703) 774-7773
Attorney for Petitioners
..'£
~~7I -
J EXHIB B
7
PLAN
EXHIBIT "C"
Tax Map Number
Contiguous Owner's Name & Address
2222710
22221711
22221809
2222407
2222415
John M. Terry & Ebie Terry
1507 Melrose Avenue
Roanoke, Virginia
Claudia A. Whitworth &
2318 Melrose Avenue
Roanoke, Virginia
Fizer Funeral Home
1427 Melrose Avenue
Roanoke, Virginia
John W. Garrett
1506 Melrose Avenue
Roanoke, Virginia
H. B. Hodges, Jr.
31 F Campbell Avenue
Roanoke, Virginia
Stanley R. Hale
IN THE COUNCIL OF Tg~ CITY OF ROANOKEr V~GINI~
IN
Rezoning of a tract of land lying AMENDED
in the city of Roanoke being known PETITION
and designated as 1502-4 Melrose Avenue TO
Tax Number 2222408, from RM-2 to CN REZONE
TO THEHONORABLEMAYORANDMEMBERS OF '£~u~ COUNCIL OF T~R
CITY OF ROANOKE:
TWR. Petitioners, George L. Bullock and Steven T. Helm,
ask that their Petition to Rezone be A~eD~edon Page 2,
Item 2 as follows:
2. That if no building permit has been issued and no
construction c~menced within 12 months frem the date
of final zoning approval, the zoning shall revert to
RM-2 without further action by City Council.
W~u~EFORE, the Petitioners request that the
above-described tract be rezoned as rec/uested in accordance
with the provisions of the Zoning Ordinance of the City of
Roanoke, and that all other matters as related in their
Petition to Rezone dated April 11, 1989 re~ain the same.
Respectfully sub~u[tted this 19th day of June, 1989.
Respectfully stt~itted,
George L. Bullock
2026 June Drive
Roanoke, VA 24019
.
B. Cruey //'
2747 Penn Forest~ Blvd., S. w.
Roanoke, Virginia 24018
(703) 774-7773
Attorney for Petitioners
Steven M. Helm
1833 Angus Road, N.W.
Roanoke, VA 24017
ClT
ROA
LOCATION
VINTON ~
I-I
m
m
C)f~ce c~ n~e ~ir~ ~le~
June 22, 1989
Mr. B. K. Cruey
Attorney
2747 Penn Forest Boulevard, S.
Roanoke, Virginia 24018
We
Dear Mr. Cruey:
I am enclosing copy of a report of the City Planning Cor, wission
recommending that the Council of the City of Roanoke grant the
request of your client, Mr. George L. Rullock and Mr. Steven T.
Helm, that a tract of land containing 1/4 acre, more or less,
located at 1502 - 1504 Melrose Avenue, N. W., identified as
Official Tax No. 2222408, be rezoned from RM-2, Residential
Multi-Family, Medium Density District, to CN, Neighborhood
Commercial District, subject to certain conditions proffered by
the petitioner.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April
1981, a public hearing on the abovedescribed request has been set
for Monday, July 10~ 1989, at 7:30 p.m.~ in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing. The Ordinance will be prepared by Mr. Steven J.
Talevi, Assistant City Attorney, and will be forwarded to you
under separate cover at a later date. Questions with regard to
the City Planning Cor~nission report should be directed to Mr.
John R. Marlles, Chief of Co,~,,unity Planning, at 981-2344.
MFP:ra
PUBLIC12
Enc.
Sincerely, ~']
Mary F. Parker, CMC
City Clerk
Room 456 Municipal Building 215 C~urch Avenue SW Roanoke V~rg~nia 2401 t (703) 98~-2541
Mr. B. ~. Cruey
Page 2
June 22, 1989
Mr. & Mrs. John M. Terry, 1507 Melrose Avenue~ ~. W.,
Roanoke, Virginia 24017
Ms. Claudia A. Whitworth and Mr. Stanley R. Hale, 2318
Melrose Avenue, N. W., Roanoke, Virginia 24017
Fizer Funeral Home, 1427 Melrose Avenue, N. W., Roanoke,
Virginia 24017
Mr. John W. Garrett, 1506 Melrose Avenue, N. W.~ Roanoke~
Virginia 24017
Mr. H. ~. Hodges~ Jr., 31 F Campbell Avenue, S. W., Roanoke,
Virginia 24011
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Com~ission, P. 0. Box 2569~ Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling~ Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody~ III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser~ Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Corr~nissioner and Zoning
Administrator
Mr. John R.
Commission
Ms. Doris Layne~
Marlles, Agent/Secretary, City Planning
Office of Real Estate Valuation
Aq NUMBER 62119045
PUBLISHER'S FEE $82.62
CRUcY~ ATTY
PENN FOREST 8LVD S~
ROANOKE VA 2601~
STATE OF VIRGINIA
CITY OF ROANOK:
AFFIDAVIT DF
PUBLICATION
I, ITHk UNDERSIGNED) AN AUTHORIZED
REPRESENTATIVE OF THE TINES-WORLD COR-
PORATIONt ,HICH CORPOKATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLO-NEW$, A
OAILY NEWSPAPER PUBLISHEG IN ROANOKEt IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE NAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
06/23/89 MORNING
06/30/89 MORNING
wITNESS~
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, July
10, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RM-2, Residential Multifamily, Medium
Density District, to CN, Neighborhood Commercial District, the
following property:
A tract of land containing one-fourth of an acre,
more or less, located at 1502-1504 Melrose Avenue, N.
W., and designated as Official Tax No. 2222408.
This rezoning is to be subject to certain conditions prof-
fered by the petitioner. 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 and citizens may
appear on the above date and be heard on the question.
GIVEN under my hand this 21st day of June , 1989.
Mary F. Parker,
Please publish in full twice, once on Friday,
June 23, 1989, and once on Friday, June 30,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
City Clerk
Please bill to:
Mr. B, K. Cruey, Attorney
2747 Penn Forest Boulevard, SW
Roanoke, Virginia 24018
C~ce of the City
June 20, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
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 Mr. B. K. Cruey, Attorney, representing Mr. George
L. Bullock and Mr. Steven T. Helm, requesting that a tract of
land containing 1/4 acre, more or less, located at 1502 - 1504
Melrose Avenue, N. W., identified as Official Tax No. 2222408, be
rezoned from R~-2, Residential Multi-Family, Medium Density
District, to CN, Neighborhood Commercial District, subject to
certain conditions proffered by the petitioner.
Sincerely, ~
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE12
Eno.
pc;
Mr. B. K. Cruey, Attorney, 2747 Penn Forest Boulevard, S.
Roanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller~ Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room456 MunicipalBuilding 215 C'hurch Avenue SWRoanoke. V]rg~nia24011 (703) 981-254t
IN THE COUNCIL OF ~Td~ OF ROANOKE,
VIRGINI.5
IN RE:
J !i 20 9:!5
Rezoning of a tract of land lying AMENDED
in the City of Roanoke being known PETITION
and designated as 1502-4 Melrose Avenue TO
Tax Number 2222408, from RM-2 to CN REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE:
THE Petitioners, George L. Bullock and Steven T. Helm,
ask that their Petition to Rezone be Amended on Page 2,
Item 2 as follows:
2. That if no building permit has been issued and no
construction commenced within 12 months from the date
of final zoning approval, the zoning shall revert to
RM-2 without further action by city Council.
WHEREFORE, the Petitioners request that the
above-described tract be rezoned as requested in accordance
with the provisions of the Zoning Ordinance of the City of
Roanoke, and that all other matters as related in their
Petition to Rezone dated April 11, 1989 remain the same.
Respectfully submitted this 19th day of June, 1989.
Respectfully submitted,
George L. Bullock
2026 June Drive
Roanoke, VA 24019
B. K. Cruey ~
2747 Penn ForesWBlvd., S. W.
Roanoke, Virginia 24018
(703) 774-7773
Attorney for Petitioners
Steven M. Helm
1833 Angus Road, N.W.
Roanoke, VA 24017
Office of the CiW Cler~
April 18, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
~oanoke (1979), as amended, I am enclosing copy of a petition
from Mr. B. K. Cruey, Attorney, representing Mr. George L.
Bullock and Mr. Steven T. Helm, requesting that a tract of land
containing 1/4 acre, more or less~ located at 1502 - 1504 Melrose
Avenue, N. W., identified as Official Tax No. 2222408, be rezoned
from RM-2, Residential Multi-Family, Medium Density District, to
CN, Neighborhood Commercial District, subject to certain con-
ditions proffered by the petitioner.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE12
Enc.
pc:
Mr. B. K. Cruey, Attorney, 2747 Penn Forest Boulevard,
Roanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municil~X~l Buildin(j 215 Church Avenue SW. Roano/.~e. V~rglnio 24011 (703) 981-2541
~ ~ 7~ %1~ ~ ~
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE REZONING OF:
Request from Steven T. Helm and George L. Bullock, repre-)
sented by B. K. Cruey, attorney, that a tract of land )
containing 1/4 acre, tax no. 2222408 be rezoned from RM-2)AFFIDAVIT
to 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 Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke she has sent by first-class
mail on the 26th day of May, 1989, notices of a public hearing to be
held on the 7th day of June, 1989, on the rezoning captioned above to
the owner or agent of the parcels listed below at their last known
address:
PARCEL
2221710
2221711
2221809
2222407
2222415
OWNER~ AGENT OR OCCUPANT
John M. Terry
Evie Terry
Claudia A. Whitworth
Stanley R. Hale
Fizer Funeral Home
John W. Garrett
H. B. Hodges, Jr.
ADDRESS
1507 Melrose Avenue
Roanoke, VA 24017
2318 Melrose Avenue
Roanoke, VA 24017
1427 Melrose Avenue
Roanoke, VA 24017
1506 Melrose Avenue
Roanoke, VA 24017
31 F Campbell Avenue
Roanoke, VA 24011
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public,
Roanoke, Virginia, this 26th day of May, 1989.
My Commission Expires:
Notary Public
in the City of
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 7, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from George L. Bullock and Steven T. Helm,
represented by B. K. Cruey, Attorney, that a tract of land
containing one-fourth acre, more or less, located at
1502-1504 Melrose Avenue, N.W., and designated as official
tax no. 2222408, be rezoned from RM-2, Residential
Multi-family, medium density District, to CN, Neighborhood
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
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
Please run in the evening edition on May 23, 1989.
Please run in the morning edition on May 30, 1989.
Please bill: B. K. Cruey, Attorney
2747 Penn Forest Boulevard, S.W.
Roanoke, VA 24018
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
August 1, 1.989
File #51
Mr. W. H. F,alin
Attorney
3912 Etecric Road, $. W.
Roanoke, Virginia 24018
Dear Mr. Fratin:
I am enclosing copy of Ordinance No. 29658 rezoning a tract of
land lying on the southeast side of Peters Creek Road, N. W.,
containing an aggregate of 5.682 acres, being a portion of
Official Tax No. 6421205, and all of Official Tax Nos. 6421203
· and 6421204, from RS-.3, Residential Single Family, Medium Density~
District, to C-2, General Conrnereiat District. Ordinance Ilo.
29658 was adopted by the Council of the City of Roanoke on first
reading on Monday, ]uty 10, 1989, also adopted by the Council on
second reading on Monday, July 24, 1989, and will take effect ten
days following the date of its second reading.
Sincerely, ~~
Mary F. Parker, CMC
City Clerk
MFP : sw
Eno.
pc:
Mr. William E. Sweeney, Jr., 2520 Hittendate Drive, N.
Roanoke, Virginia 24017
Mr. & Mrs. Robert W. Foster, 2514 Hiltendate Drive, N.
Roanoke, Virginia 24017
Mr. & Mrs. William W. Gibson, 2508 Hitlendate Drive, N.
Roanoke, Virginia 24017
Mr. Paul A. Penn, Jr., 2502 Hittendate Drive, N.
Roanoke, Virginia 24017
Mr. & Mrs. Roy C. Cote, 4507 Oteva Street, N. W.o Roanoke,
Virginia 24017
Mr. Robert C. Brammer, et at, 2386 Loch Haven Drive, N.
Roanoke, Virginia 24019
Room 456 Municipol Building 21~ C~urah A',~'~u~. S.W Roanoke. V~rg~nia 24011 (703) 981-254~
Mr. W. H. Fralin
August 1, 1989
Page 2
pc:
~lr. Lewis A. Stinnett, 4107 Richland Avenue, N. W., Roanoke,
Virginia 24017
Mr. & Mrs. Denzet W. Strader, 1860 SW Wildcat Trail, Stuart,
Florida 34997
Mr. A. D. Woodson, P. O. Box 5495, Roanoke, Virginia 24012
Mr. & Mrs. Edward L. Swift, 2606 Hillendale Drive, N. Iq.,
Roanoke, Virginia 24017
Ms. Mattie E. James, 3224 Peters Creek Road, N. W., Roanoke~
Virginia 24019
Green Market, c/o Orange Market, Inc., 11341 Business Center
Drive, Richmond, Virginia 23236
Sovran Bank, N. A., 3130 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Ms. Debbie Reynolds, c/o Mr. Richard R. Hamlett, 145 West
Campbell Avenue, Roanoke, Virginia 24011
Mr. & Mrs. Vinson B. Simpson, 3024 Peters Creek Road,
Roanoke, Virginia 24019
Mr. Wayne G. Stricktand, Executive Director, Fifth Planning
District Co,r~ission, P. O. Box 2569, Roanoke, Vi,ginia 2401~
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Diblingo Jr., City Attorney
Mr. Steven J. Tatevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronatd H. Miller, Building Cor~nissioner and Zoning
Administrator
Mr. John R. Ma,ties, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANO£E, VIRGINIA,
The 24th day of July, 1989.
No. 29658.
AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet No. 642, Sectional 1976 Zone Map, City of
Roanoke, to rezone certain property within the City, subject to cer-
tain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of The City of
Roanoke to have the hereinafter described property rezoned from RS-3,
Residential Single Family District, to C-2, General Commercial
District, subject to certain conditions proffered by the applicant;
and
WHEREAS, the City Planning Commission, 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 appli-
cation at its meeting on June 10, 1989, 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 applica-
tion, 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. 642 of the Sectional 1976 Zone Map, City of Roanoke, be
amended in the following particular and no other:
Property described as a tract of land containing an aggregate of
5.682 acres, more or less, lying on the southeast side of Peters Creek
Road, N.W., designated on Sheet No. 642 of the Sectional 1976 Zone
Map, City of Roanoke, as all of Official Tax Nos. 6421203 and 6421204
and a portion of Official Tax No. 6421205, be, and is hereby rezoned
from RS-3, Residential Single Family District, to C-2, General Commer-
cial District, subject to those conditions proffered by and set forth
in the Petition to Rezone filed with the City Clerk on May 17, 1989,
and that Sheet No. 642 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
Office of me C:ry
July 3, 1989
File #51
Mr. W. H. Fralin
Attorney
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear ~fr. Fralin:
Pursuant to rr(y cor'~nunication under date of June 22, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Officer in connection with the request of your
clients, Messrs. Gary A. Duncan and Paul A. Duncan, a general
partnership~ that a tract of land lying on the southeast side of
Peters Creek Road, N. W., containing an aggregate of 5.682 acres,
being a portion of Official Tax No. 6421205, and all of Official
Tax Nos. 6421203 and 6421204, be rezoned from RS-3, Residential
Single Family, Medium Density District~ to C-2, General
Commercial District, subject to certain conditions proffered by
the petitioner. The above described Ordinance will be considered
by the Council at a regular meeting to be held on Monday, July
10, 1989, in the City Council Chamber~ fourth floor of the
Municipal Building.
Please review the Ordinance and if you have questions~ you may
contact Mr. Steven J. Talevi, Assistant City Attorney, at
981-2431.
MFP:ra
PUBLIC15A
Sincerely~
Mary F. Parker. CMC
City Clerk
Room 456 Municipol BuilOin9 2t5 C'~urch Avenue SW Roanoke ~,'1rg~nia 24011 (703) 981-254t
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 7, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from Gary A.
represented by W. H.
on the southeasterly side of Peters Creek Road, N.W.,
designated as a portion of Official Tax No. 6421205 and all
of Official Tax Nos. 6421203 and 6421204, be rezoned from
RS-3, Residential Single Family District, to C-2, General
Commercial District, such rezoning to be subject to certain
conditions proffered by the petitioner.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
Please run in the evening edition on May 23, 1989.
Please run in the morning edition on May 30, 1989.
Duncan and Paul A. Duncan Partnership,
Fralin, Attorney, that property located
Please bill: W. H. Fralin
Jolly, Place, Fralin & Prillaman
3912 Electric Road, SW
Roanoke, VA 24018
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
Roanoke City Planning Commission
July 10, 1989
The Honorable Noel C. Taylor,
and Members of City Council
Roanoke, Virginia
Mayor
Dear Members of Council:
Subject:
Request from Mr. W. H. Fralin, Attorney,
representing Gary A. Duncan and Paul A.
Duncan Partnership, a general partner-
ship, that a tract of land lying on the
southeast side of Peters Creek Road, NW
containing an aggregate of 5.682 acres,
being a portion of Official Tax No.
6421205, and all of Official Tax Nos.
6421203 and 6421204, be rezoned from
RS-3, Residential Single Family Medium
Density District, to C-2, General Com-
mercial District, subject to certain
conditions proffered by the petitioner.
Background:
Purpose of the rezoning request is to permit
the construction of a new automobile
dealership with the associated sales of used
vehicles and/or leasing of new and used
vehicles.
Petition to rezone was filed on May 17, 1989.
Conditions proffer by the petitioner are as
follows:
There will be no access off Thelma
Street, N.W.;
Land for a 30 ft. service road along the
entire front width of Peters Creek Road,
will be dedicated to the public;
Access from Peters Creek Road to the
property will only be at the present
signal light on Peters Creek Road;
Room355 MunicipalBuilding 215 Churah Avenue, S%Z Roanc~e, Virginio24011 (703)98t-2344
Members of Council
Page 2
July 10,1989
A 30' buffer of white pines, at least 6'
tall, staggered approximately each 12'
will be planted along the rear portion
of the property, as shown on the
attached map;
A 7% green space will be provided; (5%
is required by ordinance).
No portion of the property as rezoned
will be developed for any of the
following uses: "Fast-food: restaurant
(i.e., a food-service business
characterized by counter or drive-through
service of foods prepared in advance);
hotel or motel, convenience store, or
mobile home park;
Ail loud speakers and lights will be
positioned so as to focus away from
residential areas;
If no building permit has been issued or
no construction commenced within five
(5) years from date of final zoning
approval, the zoning shall revert to
RS-3 without further action by City
Council.
Planning Commission public hearing was held
on Wednesday, June 7, 1989. Mr. W. H.
Fralin, attorney, appeared before the
Commission on behalf of the petitioners. Mr.
Fralin stated that the subject property had
approximately 300 feet of frontage along
Peters Creek Road and the depth of
approximately 500 feet coincided closely with
the adjoining Woodson Pontiac property. He
stated that the petitioner planned to develop
the subject site for use as an automobile
sales and service facility. Mr. Fralin
advised the Commission that he had spoken
with the owner of the house most affected by
the rezoning and that the owner of that house
had no objection. Mr. Fralin went on to say
he had heard of no objection from any of the
neighbors. He also stated that his client
was aware of the drainage concerns of the
City's Engineering Department and that
provision would be made to handle any
drainage problems during comprehensive site
plan review.
Members of Council
Page 3
July 10,1989
Mr. Sowers and Mr. Bradshaw voiced a desire
to have the petitioner provide a standard
cul-de-sac at the terminus of Thelma Street.
Mr. Fralin felt that it was a reasonable
request and the feasibility of construction
of the cul-de-sac would be pursued during
comprehensive development plan review. Mr.
Waldvogel asked about the definition of
"fast-food" and was advised by Mr. Talevi
that the current definition in the ordinance
at this time would prevail.
Mr. Andy Stinett (4515 Thelma Street)
appeared before the Co~mmission and questioned
whether any access would be provided to
Thelma Street from the car lot. Mr. Fralin
responded, advising Mr. Stinett that no
access is planned. Mr. Marlles advised the
Commission that due to the acreage and
commercial use that the site plan would be
reviewed by the Planning Commission prior to
approval and the issuance of any permits. He
also said that the neighbors will have
another public forum to review the plan
because of the required Planning Commission
review.
II. Issues
Zoning is presently RS-3, Residential Single
Family District. Zoning to the north along
Peters Creek Road is C-2. To the east, at
the rear of the site, the zoning is RS-3.
C-2 Zoning exists to the south of the site
along Peters Creek Road. Properties to the
west, which lie in Roanoke County, are a
mixture of B-1 and B-2 zoning. A 100' x 460'
parcel at the rear of the site will remain
zoned RS-3.
Land Use of the parcel to be rezoned is
vacant and undeveloped. To the north, south
and west exists a mixture of commercial,
institutional and office uses. To the east
single family residential use exists.
Utilities are available. Storm water
management will be handled on site and final
design will be subject to review by the City
Engineer during site plan review. Also
existing easements shall be honored and no
construction is proposed or would be allowed
over existing easements.
Members of Council
Page 4
July 10,1989
Traffic ingress and egress from Peters Creek
Road will be limited to the existing
signalized intersection which serves the
site. In addition, right-of-way for a
service road is being dedicated, and the
construction of the service road may occur
during site development. Traffic projections
predict that this type of development
generates approximately 47.5 trips per 1000
sq. ft. of building. In this case, with 8500
sq. ft. of building being proposed, this equates
to approximately 400 trips per day.
Neighborhood is not presently organized. The
petitioner has been advised to try to meet
with the surrounding property owner prior to
the Public Hearing.
F. Comprehensive Plan recommends that:
Development of new com~aercial sites
shall be carefully planned and designed
to promote quality development and good
land use.
Neighborhoods should be protected from
encroachment of incompatible use through
appropriate land use decisions and
design and buffering requirements.
III.
Alternatives
A. City Council approve the rezoning request.
Zoning changes from RS-3 to C-2 with
conditions. Commercial zoning along
Peters Creek Road is reasonable and
consistent with past zoning decisions.
Land use would be commercial.
Residential uses to the rear of the
property would be buffered by screening
and elevator changes.
Utilities are adequate. Stormwater will
be handled on-site and subjected to
staff review and approval during
comprehensive site plan review.
Traffic impact would be nominal.
Developer will incur the cost of
providing signals at the time of
development.
Members of Council
Page 5
July 10,1989
B. City
1.
2.
4.
5.
6.
Neighborhood impact would be minimal.
Buffering would be provided.
Comprehensive Plan would be followed:
a. New com~aercial development is
encouraged.
b. Neighborhood character and
environmental quality is protected.
Council deny the rezoning request.
Zonin~ would remain RS-3.
Land use remains undeveloped residential
single family.
Utilities would not be affected.
Traffic would not be affected.
Neighborhood would not be affected.
Comprehensive Plan could be followed.
IV.
Recommendation
By a vote of 7-0, the Planning Commission
recommended approval of the rezoning request.
Given the land use and zoning patterns along
Peters Creek Road, the proposed use of the
property is reasonable.
Respectfully submitted,
Roanoke City Planning Commission
JRM:JTT:mpf
attachments
cc: Assistant City Attorney
Director of Public Works
City Engineer
Building Commissioner/Zoning Administrator
Attorney for the Petitioner
Office of me
,Way 18, 1989
Mr. Michael ~. Waldvogel
Chairman
City Planning Corr~ission
Roanoke, Virginin
Dear ,~r. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of a petition
from Mr. W. H. Fralin, Attorney, representing Gary A. Duncan and
Paul A. Duncan Partnership, a general partnership, requesting
that a tract of land lying on the southeast side of Peters Creek
Road, N. W., containing an aggregate of 5.682 acres, being a por-
tion of Official Tax No. 6421205, and all of Official Tax Nos.
6421203 and 6421204, be rezoned from RS-3, Residential Single
Family Medium Density District, to C-2, General Commercial
District, subject to certain conditions proffered by the peti-
tioner.
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE15
Eric ·
pc: Mr. W. ~. Fralin, Attorney, 3912 Electric Road,
Roanoke, Virginia 24018
~/Mr. John R. Marlles, Agent/Secretary, City Planning
Corrgnission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
S. W. ,
Room 456 Municipal Buildit'~l 215 C~urch A'~que SW RoonoNe V~rg~nia 24~11 (?(DO) 981-2541
IN RE~
IN ~HE'COUNCiL OF THE CITY OF RO~NOKE, VIRGINIA
Re[~i~' A?trac~of land
lying on the Southeast side of
Peters Creek Road, N. W.,
containing an aggregate of
5.682 Acres, being a portion
of Official Tax No. 6421205,
and all of Official Tax Nos.
6425203 and 6421204, from RS-3
to C-2, such rezoning to be
subject to certain conditions
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE
CITY OF ROANOKE~
1. The Petitioner, Gary A. Duncan and Paul A. Duncan
Partnership, a general partnership, is the owner of 3.144 acres,
and the contract purchaser of a 2.538 acre parcel, adjoining same,
in the City of Roanoke, Virginia, located on the southeasterly side
of Peters Creek Road, N. W., and designated as a portion of
Official Tax No. 6421205, and all of Official Tax Nos. 6421203 and
6421204. The said property is currently zoned RS-3, Single Family
Residential District. A map of the property to be rezoned is
attached as Exhibit "A".
2. Pursuant to Article VII of Chapter 36, Code of the City
of Roanoke (1979), as amended, the petitioner requests that the
said property be rezoned from RS-3, Single Family Residential
District, to C-2 General Commercial District, for the purpose of
a new automobile dealership with the associated sales of used
vehicles and/or leasing of new and used vehicles, together with the
associated uses thereof, with the following proffered conditions:
a)
b)
width of Peters Creek Road,
public;
There will be no access off Thelma Street, N. W.;
Land for a 30 ft. service road along the entire front
will be dedicated to the
c) Access from Peters Creek Road to the property will
only be at the present signal light on Peters Creek Road;
d) A 30' buffer of white pines, at least 6' tall,
staggered approximately each 12' will be planted along
the rear portion of the property, as shown on the
attached map;
e) A 7% Green Space will be provided;
f) No portion of the property as rezoned will be
developed for any of the following uses: "Fast-food"
restaurant (i.e., a food-service business characterized
by counter or drive-through service of foods prepared in
advance), hotel or motel, convenience store, or mobile
home park;
g) All loud speakers and lights will be positioned so
as to focus away from residential areas;
h) If no building permit has been used or no
construction commenced within five (5) years from date
of final zoning approval, the zoning shall revert to
RS-3 without further action by City Council.
3. The petitioner believes that the rezoning of the said
property will further the intent and purposes of the City's Zoning
Ordinance and its comprehensive plan, in that it will be in the
best interests of the City.
4. Attached as Exhibit "B" are the names and addresses of the
owners of all property immediately adjacent to or 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,
PARTNERSHIP/, ,~ gener~l partnership
JOLLY, PLACE, FRALIN & PRILLAMAN, P.C.
W. H. Fralin
3912 Electric Road, S. W.
Roanoke, Virginia 24018
703/989-0000
EXHIBIT "B"
Names and Addresses of adjoining property owners:
City of Roanoke
William E. Fweeney, Jr.
2520 Hillendale Drive., NW
Roanoke, VA 24012
Official Tax No. 6420401
Robert W. Foster & Sylvia Wright
2514 Hillendate Drive, N. W.
Roanoke, VA 24012
Official Tax No. 6420402
William W. & Emma T. Gibson
2508 Hillendale Drive, N. W.
Roanoke, VA 24012
Official Tax No. 6420403
Paul A. Penn, Jr.
2502 Hillendale Drive, N. W.
Roanoke, VA 24012
Official Tax No. 6420404
Roy C. & Linda F. Cole
4508 Oleva Street, N. W.
Roanoke, VA 24012
Official Tax No. 6420601
Robert C. Brammer, et al
2386 Loch Haven Drive,, N. W.
Roanoke, VA 24019
Official Tax No. 6410101
Lewis A. Stinnett
4107 Richland Ave., N. W.
Roanoke, VA 24012
Official Tax No. 6421202
Denzel W. & Ida A. Strader
1860 SW Wildcat Trail
Stuart, FL 34997
Official Tax No. 6421207
A. D. Woodson
P. O. Box 5495
Roanoke, VA 24012
Official Tax No. 6421201 & 6421206
Names and Addresses of adjoining property owners (con't
County of Roanoke
Mattie E. James
3224 Peters Creek Road
Roanoke, VA 24019
County Tax No. 37.14-1-8
Green Market, 'Inc.
c/o Orange Market, Inc., Kenneth Ayscue
11341 Business Center Drive
Richmond, VA 23236
County Tax No. 37.14-1-9
Sovran Bank, N. A.
3130 Peters Creek Road
Roanoke, VA 24019
County Tax No. 37.14-1-48
Debbie Reynolds
c/o Richard R. Hamlett
145 W. Campbell Avenue
Roanoke, VA 24011
County Tax No. 37.14-1-49
Vinson B. & Lesta K. Simpson
3024 Peters Creek Road
Roanoke, VA 24019
County Tax No. 37.14-1-50
221
,TION
-
/
!
DP-->,/I&L.O?M~Hq' P'L./~.I--t --
BdO IC il, V,;J I~lil:i'~ I A
Office oft'ne City Cler~
June 2~, 1989
Mr. W. H. Fralin
Attorney
3912 Electric Road, S. W.
Roanoke, Virginia 24018
Dear Mr. Fralin:
I am enclosing copy of a report of the City Planning Commission
recommending that the Council of the City of Roanoke grant the
reqaest of your clients, Messrs. Gary A. Duncan and Paul A.
Duncan, a general partnership~ that a tract of land lying on the
southeast side of Peters Creek Road~ N. W.~ containing an aggre-
gate of 5.682 acres, being a portion of Official Tax No. 6421205,
and all of Official Tax Nos. 6421203 and 6421204, be rezoned
from RS-3, Residential Single Family~ Medium Density District, to
C-2, General Commercial District, subject to certain conditions
proffered by the petitioner.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April
1981~ a public hearing on the abovedescribed request has been set
for Monday, July 10, 1959~ at 7:30 p.m., in the City Council
Chamber, fourth floor of the Municipal Building, 215 Church
Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing. The Ordinance will be prepared by Mr. Steven J.
Talevi, Assistant City Attorney~ and will be forwarded to you
under separate cover at a later date. Questions with regard to
the City Planning Commission report should be directed to Hr.
John R. Marlles~ Chief of Community Planning, at 981-2344.
MFP:ra
PUBLIC15
Sincerely, ~~
Mary F. Parker, CMC
City Clerk
Room 456 Municipol Building 215 Church Avenue SW Rc~no,ke ~rg~nia 240t t (703) 981-2541
Mr. W. if. Fralin
Page 2
June 22, 19~9
pc:
Mr. Will_iam E. Sweeney, Jr., 2520 Rillendale Drive, N. W.,
Roanoke, Virginia 24017
Mr. & Mrs. Robert Wo Foster, 2514 Rillendale Drive,
Roanoke, Virginia 24017
Mr. & Mrs. William W. Gibson, 2508 Hillendale Drive, ~. W.,
Roanoke, Virginia 24017
~r. Paul A. Penn, Jr., 2502 Hillendale Drive, N.
Roanoke, Virginia 24017
Mr. & Mrs. Roy C. Cole, 4507 Oleva Street, N. W., Roanoke,
Virginia 24017
Mr. Robert C. Brammer, et al, 2386 Loch Haven Drive, N.
Roanoke, Virginia 24019
Mr. Lewis A. Stinnett, 4107 Richland Avenue, N. W., Roanoke,
Virginia 24017
Mr. & Mrs. Denzel W. Strader, 1~6~ SW Wildcat Trail, Stuart,
Florida 34997
Mr. A. D. Woodson, P. 0. Box 5495, Roanoke, Virginia 24012
Mr. & Mrs. Edward L. Swift, 2606 Hillendale Drive, N. W.,
Roanoke, Virginia 24017
Ms. Mattie E. James, 3224 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Green Market, c/o Orange Market, Inc.~ 11341 Business Center
Drive, Richmond, Virginia 23236
Sovran Bank, N. A., 3130 Peters Creek Road, N. W., Roanoke,
Virginia 24019
Ms. Debbie Reynolds, cio Mr. Richard R. Hamlett, 145 West
Campbell Avenue, Roanoke, Virginia 24011
Mr. & Mrs. Vinson B. Simpson, 3~24 Peters Creek Road, N. W.,
Roanoke, Virginia 24019
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Co~mission, P. 0. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. ~ichael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
~ir. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
~ir. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller~ Building Corr~nissioner and Zoning
Administrator
Mr. John R. ~iarlles, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
&OANOKE TINES & WCRLD-NE~5
?t) NUMBER - 6211887o
PUBLISHtR'S FEE - $85.8o
FRALIN
SOX 2865
'89 .!!!! 10 ?;;:50
ROANOKE VA 24001
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I, (THE UNDERSIGNED) AN AUTHORIZED
REPRESENTAIIVE OF THE TIMES-WORLD COR-
PORATION9 WHICH CORPORATION IS PUCLISHER
OF THE ROANOKE TIMES & WORLD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE DF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE wAS PUbLISHbB IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
06/23/89 MORNING
06/30/89 MORNING
~ITNESS,
THIS 1ST OAY OF JULY 1989
NOTICE OF PUBLIC HEARING
TO WHOM IT ~AY 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 Bearing on Monday, July
10, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RS-3, Residential Single Family
District, to C-2, General Commercial District, the following pro-
perty:
A tract of land containing an aggregate of 5.682
acres, more or less, lying on the southeast side of
Peters Creek Road, N.W., and being a portion of
Official Tax No. 6421205, and all of 0fficial Tax
Nos. 6421203 and 6421204.
This rezoning is to be subject to certain conditions prof-
fered by the petitioner. 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 and citizens may
appear on the above date and be heard on the question.
GIVEN under Ky hand this 21st day of June , 1989.
Mary F. Parker, City Clerk
Please publish in full twice, once on Friday,
June 23, 1989, and once on Friday, June 30,
1989, in the Roanoke Times &World News,
Morning Edition.
Please send publisher's affidavit to:
Ms. Mary P. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
Please bill to:
Mr. W. H. Fralin, Attorney
3912 Electric Road, SW
Roanoke, Virginia. 24018
Office of the City Clerk
May 18, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Commission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, [ am enclosing copy of a petition
from Mr. W. M. Fralin, Attorney, representing Gary A. Duncan and
Paul A. Duncan Partnership, a general partnership, requesting
that a tract of land lying on the southeast side of Peters Creek
Road, N. W., containing an aggregate of 5.682 acres, being a por-
tion of Official Tax No. 6421205, and all of Official Tax Nos.
6421203 and 6421204, be rezoned from RS-3, Residential Single
Family Medium Density District, to C-2, General Commercial
District, subject to certain conditions proffered by the peti-
tioner.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE15
pc:
Mr. W. ~. Fralin, Attorney, 3912 Electric Road,
Roanoke, Virginia 24018
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Room 456 Municipal Building 215 Church Avenue SW Roonoke. V]rcj~nia 24011 (703) 981-2541
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINI~~ f
PERTAINING TO THE REZONING REQUEST OF:
Request from Gary A. Duncan and Paul A. Duncan Partnership)
represented by W. H. Fralin, attorney, that property )
on the southeasterly side of Peters Creek Road, N.W., )
designated as a portion of Official Tax No. 6421205 and )AFFIDAVIT
all of Official Tax Nos. 6421203 and 6411204, be rezoned )
from RS to C-2 )
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke she has sent by first-class
mail on the 26th day of May, 1989, notices of a public hearing to be
held on the 7th day of June, 1989, on the rezoning captioned above to
the owner or agent of the parcels listed below at their last known
address:
PARCEL
6420401
OWNERr AGENT OR OCCUPANT
William E. Sweeney, Jr.
ADDRESS
2520 Hillendale Drive/\.
Roanoke VA 24019~
6420402
6420403
6420404
Robert W. Foster
Sylvia Wright
William W. and Emma T. Gibson
Paul A. Penn, Jr.
2514 Hillendale Drive~
Roanoke VA 24019
2508 Hillendale Drive/'
Roanoke VA 2401~,
2502 Hillendale Drive~J
Roanoke VA 24019
6420601
Roy C. and Linda F. Cole
4507 Oleva Street, NW
Roanoke VA 24017
6410101
Robert C. Brammer, et al
2386 Loch Haven Drive
Roanoke VA 24019
6421202
6421207
Lewis A. Stinnett
Denzel W. & Ida A.
Strader
4107 Richland Avenue/¥i~
Roanoke VA 2401~
1860 SW Wildcat Trail
Stuart FL 34997
6421201
6421206
6420204
County
A. D. Woodson
Edward L. Swift
Betty S. Swift
Mattie E. James
P. O. Box 5495
Roanoke VA 24012
2606 Hillendale Drive"
Roanoke, VA 240~ /
3224 Peters Creek Road
Roanoke, VA 24019
County
County
County
County
Green Market
c/o Orange Market Inc.
Kenneth Ayscue
Sovran Bank, N.A.
11341 Business Center
Drive
Richmond, VA 23236
3130 Peters Creek ~'
Roanoke, VA 24019
Debbie Reynolds
c/o Richard R. Hamlett
Vinson B.
145 W. Campbell Avenue
Roanoke, VA 24011
and Lesta K. Simpson 3024 Peters Creek Road
Roanoke, VA 24019
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me,
Roanoke, Virginia,
My Commission Expires:
a Notary Public, in the City of
this 26th day of May, 1989.
Notary Public
Office of~heCi~yCle~
August 1, 1989
Fi le #514
Mr. Earl B. Reynolds, Jr.
Assistant City Manager
Roanoke~ Virginia
Dear Mr. Reynolds:
I am attaching copy of Ordinance No. 29659 authorizing the tem-
porary closure, by barricade, of Carlisle Avenue, S. E., at its
intersection with 16th Street, S. E., to close said street to
through traffic. Ordinance No. 29659 was adopted by the Council
of the City of Roanoke on first reading on Monday, July 10, 1989,
also adopted by the Council on second reading on Monday, July 24,
1989, and will take effect ten days following the date of its
second reading.
Sincerely, ~~
Mary F. Parker, CMC
City Clerk
MFP:ra
Enco
pc:
Mr. & Mrs. Jack M. Fizer, 1421 Carlisle Avenue, S. E.,
Roanoke, Virginia 24014
Mr. & Mrs. Glennon L. Barger, Route 4, Box 558, Troutville,
Virginia 24175
Mr. Michael H. Noell, 3821 Moran Road, Tampa~ Florida 33618
Ms. Marion E. Hodges~ 1513 Carlisle Avenue~ S. E.~ Roanoke,
Virginia 24014
Ms. Joanne C. Howell, Route 1, Box 37-B, Blue Ridge,
Virginia 24064
Valleywide Investments~ 5929 Williamson Road, N. W.~
Roanoke, Virginia 24012
Mr. Ray B. Waller~ 1521 Carlisle Avenue~ S. E.~ Roanoke~
Virginia 24014
Room 456 Municipal Building 215 C~urch Avenue SW RoancAe ~rg~nJa 2401 t (703) 98t-2541
Mr. Earl B. Reynolds,
August 1, 1989
Page 2
Jr.
pc:
Mr. & Mrs. Walter E. Garland, c/o Mr. George W. Simpson,
P. 0. 8ox S, Charlottesville, Virginia 22903
Mr. Luke S. Sarver, 1533 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
~r. & Mrs. James E. Sledd, 1539 Carlisle Street, S.
Roanoke, Virginia 24014
Ms. Diane S. Davis, 1547 Carlisle Avenue~ S. E., Roanoke~
Virginia 24013
Mr. & Mrs. Thomas Chambers, 1547 Carlisle Avenue~ S.
Roanoke, Virginia 24014
Ms. Diane Lipes, 1547 Carlisle Avenue, S. E.~ Roanoke,
Virginia 24014
Mr. & Mrs. Ernest F. King, Jr., 1555 Carlisle Avenue, S.
Roanoke, Virginia 24014
Mr. William R. Welch, 1559 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. & Mrs. Howard W. Rader, Jr., 1563 Carlisle Avenue,
S. E., Roanoke, Virginia 24014
Mr. & Mrs. Walter A. Bailey, 1567 Carlisle Avenue, S.
Roanoke Virginia 24014
Mr. & Mrs. Garnet N. Coleman, 1571 Carlisle Avenue, S.
Roanoke Virginia 24014
Mr. & Mrs. James R. Sexton, 3503 Forester Road, S.
Roanoke Virginia 24011
Mr. & Mrs. Carlton Crews, 1572 Carlisle Avenue, S. E.~
Roanoke Virginia 24014
Mr. & Mrs. Jerry L. Tickle~ 1579 Carlisle Avenue, S.
Roanoke Virginia 24014
Mr. & Mrs. Matthew Flusher, 1579 Carlisle Avenue, S.
Roanoke Virginia 24014
Mr. & Mrs. Glenn Shellington, 1583 Carlisle Avenue, S.
Roanoke Virginia 24014
Mr. & Mrs. Willie W. LaPrade, 4313 Old Spanish Trail #8,
Roanoke Virginia 24017
Ms. Virginia C. Newman, 1589 Carlisle Avenue, S.
Roanoke Virginia 24014
Mr. & Mrs. Curtis A. Lang, 1593 Carlisle Avenue~ S.
Roanoke Virginia 24014
Mr. & Mrs. Albert H. Dooley, I506 Carlisle Avenue, S.
Roanoke Virginia 24014
Ms. Florence Welch, 1506 Carlisle Avenue~ S. E., Roanoke~
Virginia 24014
Ms. Rebecca A. Caldwell, 1510 Carlisle Avenue, S.
Roanoke~ Virginia 24014
Mr. Michael A. Gibson, 1510 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. & Mrs. William L. Harris, 1530'Carlisle Avenue, S.
Roanoke, Virginia 24014
Mr. Earl B. Reynolds,
August 1, 1989
Page 3
J r o
~ir. & Mrs. Walter R. Bonham, 1597 Carlisle Avenue, S. E.,
Roanoke, Virginia 24014
Mr. James H. Pearce, 1406 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Ms. EuIa V. Pearce, 1410 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. David S. Ayers, Jr., Route 3, Box 152~ Vinton~ Virginia
24179
Mr. & Mrs. Emory S. Stacey, 1506 Riverdale Road, S. E.,
Roanoke~ Virginia 24014
Ms. Judy Shelton~ 1519 BrownIee Avenue~ So E., Roanoke,
Virginia 24014
Mr. Sidney A. ~aupin~ 6743 Corntassel Lane, S. W., Roanoke,
Virginia 24018
Ms. Loren D. Bruffey and Ms. GIenda H. Bruffey, Route 2, Box
570~ Fincastle~ Virginia 24090
Mr. & Mrs. Robert E. B~air, 948 Lauderdale Avenue, Vinton~
Virginia 24179
Ms. Myrtle C. Nichols, 1602 Sixteenth Street, S. E.~
Roanoke~ Virginia 24014
Ms. Ellen B. ~arker~ 1602 Gordon Avenue, S. E.~ Roanoke~
Virginia 24014
Cardinal Rubber and Seal~ 1645 5rownlee Avenue, S. E.,
Roanoke, Virginia 24014
Mr. R. D° Webster, Division Manager~ Appalachian Power
Company, P. 0. Box 2021~ Roanoke~ Virginia 24022
Mr. M. R. Early~ Distribution Superintendent, Roanoke Gas
Company~ P. 0. Box 13007~ Roanoke, Virginia 24030
~ir. Donald E. Sussman, M S C Manager/Postmaster, 419
Rutherford Avenue~ N. E., Roanoke~ Virginia 24022-9998
Mr. W. Robert Herbert, City Manager
Mr. Wilburn Co Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael ~. Waldvogel, Chairman~ City Planning Commission
Mr. L. Elwood Norris, Chairman~ Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. George C. Snead, Jr., Director of Administration and
Public Safety
Mr. M. David Hooper, Chief of Police
Mr. Rawleigh W. Quarles, Fire Chief
Ms. Deborah J. Moses~ Chief of Billings and Collections
Mr. Kit B. Kiser~ Director of Utilities and Operations
~4r. Charles M. Huffine~ City Engineer
Mr. Ronald B. Miller, Building Commissioner and Zoning
Administrator
Mr. John R. Marlles, Agent/Secretary, City Planning
Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne~ Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29659.
VIRGINIA,
AN ORDINANCE authorizing the temporary closure by barricade
of Carlisle Avenue, S.E., at its intersection with 16th Street,
S.E., to close it to through traffic.
WHEREAS, an application has been filed requesting the Council
to close temporarily Carlisle Avenue S.E., to through traffic by
barricading it at its intersection with 16th Street, S.E.
WHEREAS, the City Planning Commission, which after having
given public notice of its intent to do so, has conducted a pub-
lic hearing on the matter, and by report dated July 10, 1989,
has unanimously recommended that Carlisle Avenue be barricaded
temporarily at its intersection with 16th Street, S.E., for a
trial period of six (6) months, with date of temporary closure
to commence from the date of installation of the proposed barri-
cade; such temporary closure to provide an opportunity to analyze
the impact of such closure at which time an application to per-
manently vacate, discontinue and close that portion of Carlisle
Avenue will be made to City Council should it be deemed to be in
the bests interests of the public health and safety.
WHEREAS, a public hearing was held on the said application by
the City Council on July 10, 1989, at 7:30 p.m., after due and
timely notice thereof, at which hearing all parties in interest
and citizens were afforded an opportunity to be heard on said
application.
WHEREAS, it appearing from the foregoing that the land pro-
prietors directly affected by the requested temporary closing of
the subject public right-of-way have been properly notified; and
WHEREAS, from all of the foregoing, Council considers that
minimal inconvenience will result to any iudividual or to the
public from temporarily closing by barricade Carlisle Avenue,
S.E., to through traffic, and that such closing will promote the
safety and welfare of those residing in the vicinity of the
street to be closed temporarily.
THEREFORE, BE IT ORDAINED by the Council of the City of Roa-
noke that the City Manager is hereby authorized to temporarily
close Carlisle Avenue, S.E., to through traffic, by barricading
at its intersection with 16th Street, S.E., for a peroid of six
(6) months, during which time the impact of such temporary clo-
sure will be studied and an application to permanently vacate,
discontinue and close that portion of the street will be made to
Council should the closure be deemed to be in the best interests
of the public health and safety.
BE IT FURTHER ORDAINED that appropriate lighting, reflectori-
zation, and warning signs be installed and maintained to inform
motorists that Carlisle Avenue, S.E., has been barricaded.
ATTEST:
CiTy Clerk.
Roanoke Ci~, Plonr, ing Commission
3uty 10, 1989
Honorable Noel Taylor, Mayor
and Members of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from the City Manager,
on behalf of the City of Roanoke, to
alter by closure, on a temporary
basis, with a barricade of Carlisle
Avenue, S.E., at its intersection with
16th Street, S.E.
I. Background:
Carlisle Avenue, S.E., is located in the
Riverdale community. Street extends in an
easterly direction from its intersection with
Bennington Street, S.E., for a total distance of
approximately 1,400 feet. Carlisle Avenue
terminates at its intersection with 16th Street,
S.E.
Be
City Manager's office has received consistent
and repeated requests to close and barricade
Carlisle Avenue, S.E., at its easterly terminus
with 16th Street, S.E.
Section of Carlisle Avenue (1500 block) at issue
is situated adjacent to a public recreational
area, Golden Park (see attached Map A).
Public streets encircle the park on all four
sides. Parks and Recreation Department
previously installed concrete "bollards" (posts
2 1/2 feet high, spaced 10 feet apart, with
connecting chains, around the entire perimeter
of the park.
Installation of bollards was necessitated by
previous and numerous incidents of vehicles
entering the park grounds, racing within the
park area, use of the park shelter for
automobile repair work and general destruction
of park property caused by unauthorized use of
the park grounds for vehicular purposes.
Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344.
Twelve single-family residences are situated on
the portion of Carlisle Avenue that is located
directly across from Golden Park. These
residences are separated from the park's central
playground area by only the width (50') of the
public street.
Public street closure by barricade on both
temporary and permanent status has been
authorized by the following previously adopted
ordinances:
1. Ordinance No. 20210, adopted on April 24,
1972, authorizing the closure by barricade
of Winding Way Road, S.W. (permanent
status).
2. Ordinance No. 28428, adopted on November
17, 1986, authorizing the closing by
barricade of Coveland Drive, NW (temporary
status).
II. Current Situation:
Residents who live across the street (Carlisle
Avenue) from Golden Park have complained to the
City Manager's office about the increase and
frequency of speeding cars on this short segment
of public street. Residents are extremely
concerned about the safety of the neighborhood
children in their daily crossing of the street
to play in the park.
Residents have requested that this section of
Carlisle Avenue, S.E., be barricaded at its
terminus with 16th Street, S.E., in an effort to
deter the frequency of speeding traffic on the
street (see attached petition).
City Traffic Engineer has requested that the
closure by barricade be effective on a temporary
basis in order to determine the overall effect
of the proposed closure on the immediate
community.
Plannin~ Commission policy requires that a
turnaround be provided at the terminus point of
partially closed or dead-end streets. In
order to provide a standard turnaround at the
proposed barricade, it will be necessary to
extricate several of the concrete bollards from
a depth of 4' and relocate on new concrete
footings.
Ri~ht-of-way width (50') of Carlisle Avenue
provides sufficient area for a vehicle to back
up and turn around at the proposed point of
barricade during the trial period (6 months) of
this closure. If the trial closure is
determined to be effective, the above cited
construction changes can be made prior to the
effective date of the permanent closure.
Application was reviewed by the Planning
Commission at its regular meeting of June 7,
1989. Commission heard comments from a
resident, Mrs. Diane Skellington, of 1583
Carlisle Avenue, S.E. Mrs. Skellington
commented on the frequent incidents of speeding
and reckless driving on the streets abutting
Golden Park. Mrs. Skellington strongly urged
the Commission to recommend that the street be
closed before one of the neighborhood children
was killed or badly injured.
III. Issues:
1. Public safety.
2. Fire, police, emergency and public services
access.
3. Inconvenience to traffic.
4. Costs.
IV. Alternatives:
Approve the request to alter by closure with a
barricade Carlisle Avenue, S.E., at the point of
its terminus with 16th Street, S.E., for a trial
period of six (6) months with said date of the
closure to commence from the date of
installation of the proposed barricade.
1. Public safety:
Barricade placed at the subject point
of Carlisle Avenue, S.E., will
eliminate speeding on this section of
street.
Barricade would force traffic to use
other streets (16th, Brownlee and
Spruce) abutting the park. These
streets have no residential
development abutting the public right-
of-way.
Deny
1.
Fire, police, emergency and public services
access:
Closure and barricade would not affect
proper and adequate access to
responding fire, police and emergency
service units (see attached statements
- police, fire and emergency
services).
Adjacent streets (Gordon, Spruce and
16th Streets) provide adequate access
to all structures situated beyond the
proposed point of closure.
Refuse Collection on Carlisle Avenue,
S.E., will not be affected (see
attached statement).
Inconvenience to traffic:
Closure by barricade will create a
dead-end street. Closure will require
the installation of proper signs,
denoting the street dead-end, and
appropriate reflectors and lights.
Concrete bollards situated along the
park perimeter could be moved back at
the barricade point to provide an
adequate turnaround area if the
temporary barricade is determined to
be effective within a specified and
temporary period of time.
Carlisle Avenue, S.E., is not a
thoroughfare and currently terminates
at its intersection with 16th Street,
S.E.
Traffic access to the park will still
be afforded by 16th Street, S.E., and
Carlisle Avenue via Bennington Avenue,
S.E.
Costs of installation would be borne by the
Street Maintenance Department. The
department would be responsible for the
installation of the barricade and necessary
traffic signs.
the request:
Public safety: Concern of the residents
would not be met. Public safety issue
would not be resolved.
2. Fire, police, emergency and public services
access would not be an issue.
Inconvenience to traffic would not be an
issue.
4. Costs would not be an issue.
VI. Recommendation:
The Plannin9 Commission by a vote of 6 to 0 (Mr.
Price absent) recon~nends that City Council approve
Alternative A thereby authorizing the City Manager to
alter by closure with a barricade of Carlisle Avenue,
S.E., at its intersection with 16th Street, S.E. for
a trial period of six (6) months with said date of
the closure to commence from the date of installation
of the proposed barricade.
The above recommendation is based upon the following
conclusions:
Public safety issues warrant deliberate and
serious consideration.
Closure on a temporary basis will provide an
opportunity to analyze any and all positive
and/or negative effects of the closure.
If the barricade is proven to be effective by
increasing the margin of safety for children in
the community and no negative affects on traffic
or the immediate community are discerned, a new
application will be filed prior to the
termination of the subject six (6) month period
requesting that the closure be made effective on
a permanent basis. Concrete bollards (posts)
can then be moved to provide a standard public
turnaround at the proposed terminus of Carlisle
Avenue, S.E.
Respectfully submitted,
Michael M. Waldvogel, Chairman
Roanoke City Planning Commission
ERT:mpf
attachment
cc City Attorney
Director of Finance
Director of Public Works
Chief of Police
Fire Chief
City Engineer
Emergency Services Coordinator
Building Commissioner
Chief, Community Planning
Manager, Parks and Recreation
Traffic Engineer
IN THE couNCIL OF THE CITY OF ROANOKE, VIRGINIA
In Re:
Application of the City of Roanoke) Application for
to alter and close by barricade ) altering and
Carlisle Avenue, S.E., at its ) closing a public
intersection with 16th Street, SE,) street
on a temporary basis. )
To the Honorable Mayor and Members of Council of the City of
Roanoke:
The City of Roanoke applies to have Carlisle Avenue,
S.E., altered and closed by barricade at its intersection
with 16th Street, S.E., pursuant to Section 30-14, of the
Code of the City of Roanoke (1979), as amended. The street
is more particularly described on the attached map.
The City of Roanoke, Virginia, states that the grounds
for this application are as follows:
1. The subject street is situated adjacent to a
public recreational facility, Golden Park.
2. Golden Park is a much frequented playground and
play activity area for the many children who live
in the surrounding communities.
3. Park is situated in close proximity to residences
along Carlisle Avenue. Park attracts additional,
and at times, reckless traffic into and through
this short one-block section of Carlisle Avenue,
4. Residents who live on Carlisle Avenue, S.E.,
across from the park have complained of the
increase and frequency of speeding cars on the
street. Extreme concern has been expressed
regarding the safety of neighborhood children in
the daily crossing of the street to play in the
park.
5. City Manager has received consistent and repeated
requests to close and barricade the subject
section of Carlisle Avenue, S.E., in an effort to
deter the frequency of speeding traffic on the
street.
6. The validity of the complaints and concerns of the
neighborhood residents warrant a deliberate and
serious consideration.
7. Petitioner requests that closure be initiated for
a temporary or trial period of time of six (6)
months, to commence from the date of installation
of the proposed barricade. Trial period will
provide an opportunity to analyze any and all
positive and/or negative effects of the closure.
If the closure is detezl~ined to be an effective
deterrent to the problem, a subsequent application
will thereafter be filed requesting that the
closure be effected on a permanent basis.
Wherefore, the City of Roanoke, Virginia, respectfully
requests that the above described Carlisle Avenue, S.E., be
altered by closure with a barricade at its terminus with
16th Street, S.E., for a trial period of six (6) months, in
accordance, with Section 30-14, of the Code of the city of
Roanoke, (1979) as amended.
Respectfully submitted
?
Date i ~ ·
CITY OF ROANOKE
INTERDEPARTMENT COMMUNICATION
DATE:
FROM:
SUBJECT:
March 1~, l~Sg
Ted Tucker, Community Planning
a~d Carlisle Ave., S. E.
ci~[-Je-~tc~ to ~oderate '¢~hicular speed am0 t,-affic f~o~ is a =-., ano the instant case :s no exception.
Raqar crec~.~ in t~e area by the Traffic Bureau do not indicate
spee~ ~roJlem. HOwever, ~he closu~-e of Carlisle Ave. a~
n~gatlv~l,/ ~mpact P~lice service delivery to the neigh~ormood and Should not
affect Po:ice response times to Carlisle Ave. oc the neighboring area.
The c"e~tio,~ of a cul-de-sac may deter general Po[ice Patrol ~y individual
of?icons on C~riisie Ave. as opposed to a ~hr~ugh Street.
Gclden r%~r~, on the ether band, ~s an ODer area and ~iil c=ntinue to
officers a view uf Carlisle Ave. w~ile driving ~own the Pa~-allel ~treet
:~e in~ers~c:ions iq the immediate area :f the ProPOsed Oarrica3e '~av~ -~
b:story ~f ~igm Frequency vehicular collisions anO this ¢~osure
Li~ten~nt Al:boll
C-ea t ~ r~
C~/' OF ROANOK~ F~RE
~I~z'm~.DEPAR'~t~ CO~IUN~ CATI0t~
DATE:
TO:
FRC~:
SUBJECT:
March 13, 1989
Ted Tucker, City Planner/~/<
Peter T. Kandis, Planning Officer,
Proposed Barricade
Fire Dept.
I have reviewed the site of the proposed barricade of Carl-
isle Avenue and 16th Street, SE. A permanent barrier at
that location would not complicate fire protection to the
neighborhood. There are alternate routes that can be used
and will not significantly affect response times.
The hydrant locations will not become a problem after the
barricade is in place.
:W
CIT~ or, ~
Interdepart~ent Cc~mnication
Date: March 23, 1989
To: Mr. Ted Tucker, Planning
From: ~ Wanda Reed, Administrative Assistant
Emergency Services
Subject: Barricade on Carlisle Road, S. E.
Please be advised that this Office has no objection to the
proposed barricade at the end of Carlisle Road, S. E.
~e understand that the resl~--*- ~--- '
· . ....~- .~ve requested this
uarrlcade and the only difference we can see we would a
little longer response time for emergency vehicles to those
homes at the end of the block where the barricade WOUld be
located.
DATE: March .~8, 1989
CITY OF I~OANOKI'
INT[NDEII)ANTMIrNT COMMUNICATION
TO: £dward R. Tucker, City Planner
FI~OM: Donald ~. Keaton, ManaDer of Refuse Collect/on
· fUIJECT: Barricade on Carlisle A ye., 5. E.
This is to verify that Refuse Collection Deportment will not hove a
problem with a barricade being installed at 16th Street and Carlisle Ave.,
DEK:mc
Or,ce of r'he CJi' Cler~
June 22, 1989
File #514
Mr. Earl B. Reynolds, Jr.
Assistant City Manager
Roanoke, Virginia
Dear :~4r. Reynolds:
I am enclosing copy of a report of the City Planning Commission
recommending that the Council of the City of Roanoke grant your
request that Carlisle Avenue, S. E., at its intersection with
16th Street~ be altered and closed by barricade~ for a trial
period of six months, with said date of closure to commence from
the date of installation of the proposed barricade.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April
1981, a public hearing on the abovedescribed request has been set
for Monday, July 10, 1989, at 7:30 p.m., in the Council Chamber,
fourth floor of the Municipal Building, 215 Church Avenue, S. W.
For your information, I am also enclosing copy of a notice of the
public hearing. The Ordinance will be prepared by Mr. Steven J.
Talevi, Assistant City Attorney, and will be forwarded to you
under separate cover at a later date. Questions with regard to
the City Planning Commission report should be directed to Mr.
John R. Marlles, Chief of Community Planning, at 981-2344.
$incere ly, ,lq/
Mary F. Parker, CMC
City Clerk
MFP:ra
PUBLIC51
EnCo
Room 456 Municipal Builclin(j 215 Church Avenue SW Roanoke. V~rg~nia 240t t (703) 981-2541
Mr. Earl B. Reyn~14$, Jr.
Page 2
June 22, 1989
pc:
Mr. & ?4rs. Jack M. Fizer, 1421 Carlisle Avenue, S.
Roanoke, Virginia 24014
Mr. & Mrs. Glennon L. Barger, Route 4, Box 558, Troutville,
Virginia 24175
Mr. Michael H. Noell, 3821 Moran Road, Tampa, Florida 33618
Ms. Marion E. Hodges, 1513 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Ms. Joanne C. Howell, Route 1, Box 37-B, Blue Ridge,
Virginia 24064
Valleywide Investments, 5929 Williamson Road, N.
Roanoke, Virginia 24012
Mr. Ray B. Waller, 1521 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. & Mrs. Walter E. Garland, c/o Mr. George W. Simpson,
P. 0. Box S, Charlottesville~ Virginia 22903
Mr. Luke S. Sarver, 1533 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. & Mrs. James E. Sledd, 1539 Carlisle Street, S.
Roanoke, Virginia 24014
Ms. Diane S. Davis, 1547 Carlisle Avenue, S. E., Roanoke,
Virginia 24013
Mr. & Mrs. Thomas Chambers~ 1547 Carlisle Avenue, S. E.~
Roanoke, Virginia 24014
Ms. Diane Lipes, 1547 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. & Mrs. Ernest F. King, Jr., 1555 Carlisle Avenue, S.
Roanoke, Virginia 24014
Mr. William R. Welch, 1559 Carlisle Avenue~ S. E., Roanoke,
Virginia 24014
Mr. & Mrs. Howard W. Rader, Jr., 1563 Carlisle Avenue,
S. E., Roanoke, Virginia 24014
Mr. & Mrs. Walter A. Bailey, 1567 Carlisle Avenue~ S. E.
Roanoke Virginia 24014
Mr. & Mrs. Garnet N. Coleman, 1571 Carlisle Avenue, S. E.
Roanoke Virginia 24014
Mr. & Mrs. James R. Sexton, 3503 Forester Road, S. W.
1572 Carlisle Avenue~ S. E.
1579 Carlisle Avenue, S. E.
1579 Carlisle Avenue, S. E.
1583 Carlisle Avenue, S. E.
Roanoke Virginia 24011
Mr. & Mrs. Carlton Crews,
Roanoke Virginia 24014
Mr. & Mrs. Jerry L. Tickle,
Roanoke Virginia 24014
Mr. & Mrs. Matthew Flusher~
Roanoke Virginia 24014
Mr. & Mrs. Glenn Shellington,
Roanoke Virglnia 24014
Mr. & Mrs. Willie W. LaPrade, 4313 Old Spanish Trail #8
Roanoke Virginia 24017
Ms. Virginia C. Newman, 1589 Carlisle Avenue, S. E.
Roanoke Virginia 24014
Mr. & Mrs. Curtis A. Lang, 1593 Carlisle Avenue, S. ~.
Roanoke, Virginia 24014
Mr. Earl B. Reyno_ld.s,
Page 3
June 22, 1989
pC:
Mr. & Mrs. Walter R. Bonham, 1597 Carlisle Avenue, S.
Roanoke, Virginia 24014
Mr. & Mrs. Albert H. Dooley, 1506 Carlisle Avenue, S. E.,
Roanoke, Virginia 24014
Ms. Florence Welch, 1506 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Ms. Rebecca A. Caldwell, 1510 Carlisle Avenue, S. E.,
Roanoke, Virginia 24014
Mr. ~4ichael A. Gibson, 1510 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. & Mrs. William L. Harris, 1530 Carlisle Avenue, S. E.,
Roanoke, Virginia 24014
Mr. James H. Pearce, 1406 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Ms. Eula V. Pearce, 1410 Carlisle Avenue, S. E., Roanoke,
Virginia 24014
Mr. David S. Ayers, Jr., Route 3, Box 152, Vinton, Virginia
24179
Mr. & Mrs. Emory S. Stacey, 1506 Riverdale Road, S.
Roanoke, Virginia 24014
Ms. Judy Shelton, 1519 Brownlee Avenue, S. E., Roanoke,
Virginia 24014
Mr. Sidney A. Maupin, 6743 Corntassel Lane, S. W., Roanoke,
Virginia 24918
Ms. Loren D. Bruffey and Ms. Glenda H. Bruffey, Route 2, Box
570, Fincastle, Virginia 24090
Mr. & Mrs. Robert E. Blair, 948 Lauderdale Avenue, Vinton,
Virginia 24179
Ms. Myrtle C. Nichols, 1602 Sixteenth Street, S. E.,
Roanoke, Virginia 24014
Ms. Ellen B. Barker, 1602 Gordon Avenue, S. E., Roanoke,
Virginia 24014
Cardinal Rubber and Seal, 1545 Brownlee Avenue, S. E.,
Roanoke, Virginia 24014
Mr. W. Robert Herbert, City Manager
Mr. Wilburn C. Dibling, Jr., City Attorney
Mr. Steven J. Talevi, Assistant City Attorney
The Honorable Jerome S. Howard, Jr., Commissioner of Revenue
Mr. Von W. Moody, Ill, Director of Real Estate Valuation
Mr. Michael M. Waldvogel, Chairman, City Planning Commission
Mr. L. Elwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Co~missioner and Zoning
Administrator
Mr. John R. ~4arlles, Agent/Secretary, City Planning
Commission
Mr. Edward R. Tucker, City Planner
Ms. Doris Layne, Office of Real Estate Valuation
TIMES
A] NUMBER - 62120307
PUBLISHER'S FEE
CITY OF ROANOKE
C/O MARY F PARKER
CIT~ CLERKS OFFICE
ROOM 45b MUNICIPAL 6LDG
ROANOKE VA 2~Oll
STATE OF VIRGINIA
CITY OF ROANOKE
AFFIDAVIT OF PUBLICATION
I9 (THE UNDERSIbNED} AN AUTHORIZED
REPRESENTATIVE DF THE TIMES-WORLD COR-
PORATION9 WHICH CORPORAIION IS PUBLISHER
OF THE ROANOKE TIMES & NORLO-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUdLISHED IN SAID
NEmSPAPERS ON tHE FOLLOWING DALES
05/23/89 MORNING
06/30/89 MORNING
w lTNESS~ T~I GAY OF JU~.. ~~
AUTHORIZED SIGNATURE
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
The Council of the City of Roanoke will hold a Public
Hearing on Monday, July 10, 1989, at 7:30 p.m., or as soon
thereafter as the matter may be heard, in the Council Cham-
ber in the Municipal Building, 4th Floor, 215 Church Avenue,
S. W., Roanoke, Virginia, on a proposal to temporarily
barricade Carlisle Avenue, S. E., at is intersection with
16th Street, S. E., to close it to through traffic.
A copy of this proposal is available for public inspec-
tion in the Office of the City Clerk, Room 456, Municipal
Building. All parties in interest and citizens may appear
on the above date and be heard on the proposal.
GIVEN under my hand this 21st day of June , 1989.
Mary F. Parker,
Please publish in full'twice, once on
Friday, Ju.~e 22, 1989, and once on
Friday, June 30, 1989, in the Roanoke Times &
World News, Morning Edition.
Please send publisher's affidavit and bill to:
Ms. Mary F. Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
City Clerk
Or,ce of the City Clerk
May 22, 1989
File #514
Mr. Michael M. Waldvogel
Chairman
City Planning Corrwission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Ordinance No. 25226, I am enclosing copy of an appli-
cation from the City of Roanoke, represented by Mr. Earl
Reynolds, Jr., Assistant City Manager, requesting that Carlisle
Avenue, S. E., at its intersection with 16th Street, be altered
and closed by barricade, on a temporary basis, pursuant to
Section 30-14 of the Code of the City of Roanoke (1979)~ as
amended,
Sincerely,
Mary F. Parker,
City Clerk
CMC
MFP:ra
ST.CLOSE51
pc:
Mr. Earl B. Reynolds,
Mr. John R. Marlles,
Corr~ission
Mr. Ronald H. Miller,
Mr. Steven J. Talevi,
Jr., Assistant City Manager
Agent/Secretary, City Planning
Zoning Administrator
Assistant City Attorney
R°°m456 MunicipalBuildlng 215 (~urch Avenue S.W Roanc~e.V~rg~nia24.011 (703)981-2541
TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA
PERTAINING TO THE STREET CLOSURE OF:
Request from the City Manager, on behalf of the City of )
Roanoke, to alter by closure, on a temporary basis, with) AFFIDAVIT
barricade of Carlisle Avenue, S.E., at its intersection )
with 16th Street, S.E. )
COMMONWEALTH OF VIRGINIA )
) TO-WIT:
CITY OF ROANOKE )
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of ~15.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke she has sent by first-class
mail on the 26th day of May, 1989, notices of a public hearing to be
held on the 7th day of June, 1989, on the closure captioned above to
the owner or agent of the parcels listed below at their last known
address:
Jack M. Fizer
Elizabeth L. Fizer
1421 Carlisle Avenue, SE
Roanoke, VA 24014
Glennon L. Barger
Barbara D. Barger
Route 4, Box 558
Troutville, VA 24175
Michael H. Noell
3821 Moran Road
Tampa, Florida 33618
Marion E. Hodges
1513 Carlisle Avenue,
Roanoke, VA 24014
SE
Joanne C. Howell
Route 1, Box 37-B
Blue Ridge, VA 24064
Valleywide Investments
5929 Williamson Road, NW
Roanoke, V 24012
Ray B. Waller
1521 Carlisle Street, SE
Roanoke, VA 24014
Walter E. and Patsy J. Garland
c/o George W. Simpson
P. O. Box S
Charlottesville, VA 22903
Luke S. Sarver
1533 Carlisle Avenue,
Roanoke, VA 24014
SE
James E. Sledd
Josephine M. Sledd
1539 Carlisle Street,
Roanoke, VA 24014
SE
Diane E. Davis
1547 Carlisle Avenue,
Roanoke, VA 24013
SE
Thomas Chambers
Michelle Chambers
Diane Lipes
1547 Carlisle Avenue,
Roanoke, VA 24014
SE
Ernest F. King, Jr.
Velma G. King
1555 Carlisle Avenue, SE
Roanoke, VA 24014
William R. Welch
1559 Carlisle Avenue, SE
Roanoke, VA 24014
Howard W. Rader, Jr.
Rhonda C. Rader
1563 Carlisle Avenue, SE
Roanoke, VA 24014
Walter A. Bailey
Mary M. Bailey
1567 Carlisle Avenue, SE
Roanoke, VA 24014
Garnet N. Coleman
Sue D. Coleman
1571 Carlisle Avenue,
Roanoke, VA 24014
SE
James R. Sexton
Drusilla Sexton
3503 Forester Road,
Roanoke, VA 24011
SW
Mr. and Mrs. Carlton Crews
1572 Carlisle Avenue, SE
Roanoke, VA 24014
Jerry L. Tickle
Helen C. Tickle
1579 Carlisle Avenue,
Roanoke, VA 24014
SE
Mr. and Mrs. Matthew Flusher
1579 Carlisle Avenue, SE
Roanoke, VA 24014
Mr. and Mrs. Glenn Shellington
1583 Carlisle Avenue, SE
Roanoke, VA 24014
Willie W. LaPrade
Shelby W. LaPrade
4313 Old Spanish Trail 98
Roanoke, VA 24017
Virginia C. Newman
1589 Carlisle Avenue,
Roanoke, VA 24014
SE
Curtis A. Lang
Carolyn S. Lang
1593 Carlisle Avenue,
Roanoke, VA 24014
SE
Walter R. Bonham
Gloria F. Bonham
1597 Carlisle Avenue,
Roanoke, VA 24014
SE
Albert H. Dooley
Leona G. Dooley
1506 Carlisle Avenue, SE
Roanoke, VA 24014
Mrs. Florence Welch
1506 Carlisle Avenue, SE
Roanoke, VA 24014
Rebecca A. Caldwell
1510 Carlisle Avenue, SE
Roanoke, VA 24014
Michael A. Gibson
1510 Carlisle Avenue, SE
Roanoke, VA 24014
William L.Harris
Ollie M. Harris
1530 Carlisle Avenue, SE
Roanoke, VA 24014
James H. Pearce
1406 Carlisle Avenue, SE
Roanoke, VA 24014
Eula V. Pearce
1410 Carlisle Avenue, SE
Roanoke, VA 24014
David S. Ayers, Jr.
Route 3, Box 152
Vinton, VA 24179
Emory S. Stacey
Alma A. Stacey
1506 Riverdale Road,
Roanoke, VA 24014
SE
Judy Shelton
1519 Brownlee Avenue,
Roanoke, VA 24014
SE
Sidney A. Maupin
6743 Corntassel Lane,
Roanoke, VA 24018
SW
Loren D. Bruffey
Glenda H. Bruffey
Route 2, Box 570
Fincastle, VA 24090
Robert E. Blair
Ida B. Blair
948 Lauderdale Avenue
Vinton, VA 24179
Myrtle C. Nichols
1602 Sixteenth Street, SE
Roanoke, VA 24014
Ellen B. Barker
1602 Gordon Avenue,
Roanoke, VA 24014
SE
Cardinal Rubber and Seal
1545 Brownlee Avenue, SE
Roanoke, VA 24014
Martha Pace Franklin
SUBSCRIBED AND SWOP~N to before me, a Notary Public, in the City of
Roanoke, Virginia, this 26th day of May, 1989.
My Commission Expires:
Notary Public
NOTICE OF PUBLIC HEARING BEFORE THE ROANOKE CITy PLANNING
COMMISSION u~' I~. i ~ ·
TO WHOM IT MAY CONCERN:
The Roanoke City Planning Commission will hold a public
hearing on Wednesday, June 7, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from the City of Roanoke, Virginia, represented by
W. Robert Herbert, to alter and close by barricade, on a
temporary basis, Carlisle Avenue, S.E., at its intersection
with 16th Street, S.E.
A copy of said application is available for review in the
Office of Community Planning, Room 355, Municipal Building.
Ail parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
Please run in the evening edition on May 23, 1989.
Please run in the morning edition on May 30, 1989.
Please bill: Office of the City Manager c/o Dee Dee Daniels
Room 364, Municipal Building
215 Church Avenue, S.W.
Roanoke, VA 24011
Please send an affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
~-----'~,ce of the C~ Clerk
July 3, 1989
File #514
Mr. Earl B. Reynolds~ Jr.
Assistant City Manager
Roanoke,~V~inia
Dear ~r. Reynolds:
Pursuant to my communication under date of June 22~ 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with the request of the City of
Roanoke that Carlisle Avenue, S. E.o at its intersection with
16th Street, be altered and closed by barricade, for a trial
period of six months, with said date of closure to commence from
the date of installation of the proposed barricade. The above
described Ordinance will be considered by the Council at a regu-
lar meeting to be held on Monday, July lO, 1989, in the City
Council Chamber, fourth floor of the Municipal Building.
Please review the Ordinance and if you have questions~ you may
contact Mr. Steven J. Talevi, Assistant City Attorney~ at
981-2431.
MFP:ra
PUBLIC51A
Enc.
Sincerely,
Mary F. PS~a ker, CMC
City Clerk
ROOm 456 Municipal Builclincj 215 Church Avenue SW Rzx:inoke V~rg~nia 24011 (703) 98t-254t
C~flce o~ ~e ~y
August 1, 1989
File #$1
Mr. Earl B. Reynolds
Assistant City Manager
Roanoke, Virginia
Mr. Alton 5. Prillaman
Attorney
P. O. 8ox 720
Roanoke, Virginia 24004
Gentlemen:
I am enclosing copy of Ordinance No. 29660 rezoning property
located in the northeast quadrant of the City, containing a com-
bined total of 142 acres, more or tess, and designated as
Official Tax Nos. 7170506 and 7170508, currently zoned RS-3,
Residential Single Family District, and Official Tax Nos.
7220101, 7220103, 7230101, 7230201, and 7230301, cu,rently zoned
RA, Residential Agricultural District, to LM, Light Manufacturing
District. Ordinance No. 29060 was adopted by the Council of the
City of Roanoke on first reading on Monday, July 10, 1989, also
adopted by the Council on second reading on Monday~ July 24,
1989, and wilt take effect ten days following the date of its
second ,eading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
EnCo
pc:
Mr. A. Wade. Douthat and Mr. James F. Douthat, P. O. Box 720
Roanoke, Virginia 24004
My. & Mrs. Harold T. Shepherd, 2524 Manning Road, N. E.,
Roanoke, Virginia 24012
Mr. & Mrs. Donald Oiblasio, 972 First Avenue, Raritan, New
Jersey 08869
Mr. E. bt. Freeman~ c/o Mr. Pedro Freeman, 2502 Liberty Road,
N. W., Apt. 12, Roanoke, Virginia 24012
i'~,oom456 Munici~cdBuildlng 215Chu~hAv~ue~S.W. Roano~e. Virg~nia24011 (703)981-2541
Mr. Eart B. Reynolds, Jr.
Mr. Alton Bo Pritlaman
August 1, 1959
Page 2
pc:
Mr. Clement A. Smith~ Star Route Box 13, Raven, Virginia
24639
Mr. Virgil E. Boyd, Route 1, Box 250-A, Bluefietd, West
Virginia 24065
Mr. Samir Hussamy, 1009 White Pine Drive, Lynchburg,
Virginia 24501
Mr. & Mrs. Eldred C. Clement, 2215 Mason Milt Road, N.
Roanoke, Virginia 24012
Mr. Boyd B. Manspile, 2219 Mason Milt Road, N. E., Roanoke,
Virginia 24012
Mr. & Mrs. James H. Muse, 2303 Mason Mitt Road, N.
Roanoke, Virginia 24012
Mr. & Mrs. Robert D. Arthur, 2300 Mason Milt Road, N.
Roanoke, Virginia 24012
Mr. & Mrs. Ernest S. Cattahan, Route I, Box 445, Fincastte,
Virginia 24090
Mr. & Mrs. Curtis E. Shilling, 2401 Mason Mitt Road,
Roanoke, Virginia 24012
Mr. & Mrs. John D. Ferris, 522 Murretl Road, N. E., Roanoke,
Virginia 24012
Ms. Norris G. Miller, 5316 Woodbury Street, N. W., Roanoke,
Virginia 24012
Mr. Thecla C. Frantz, Star Route 1, Box 19, New Castle,
Virginia 24127
Moore's Quality Snack Foods, P. O. Box 1909, Bristol,
Virginia 24203
Welsch Properties, c/o Lunsford Realty, P. O. Box 8205,
Roanoke, Virginia 24014
Chocklett-Davis Rental, 2922 Nicholas Avenue, N.
Roanoke, Virginia 24012
Blue Hills Golf Corporation, P. O. Box 5242, Roanoke,
Virginia 24012
Mr. & Mrs. Edwin Mo Wilson, Tinker Creek Lane, N.
Roanoke, Virginia 24019
Mr. D. S. Combs, Box 7, Sassafras, Kentucky 41759
Vitramon, Inc., c/o M,. Walter Goodkoop, Box 554,
Bridgeport, Connecticut 06611
Sunlink Corporation, o/o Bellsouth Tax Department, Room
16E02, 1155 Peachtree St,eot, Atlanta, Georgia 30367
Mr. George A. Woot,idge, Route I, Box 870, Vinton, Virginia
24179
Mr. Earl B. Reynolds
Mr. Alton B. Prillaman
August 1, 1989
Page 3
pc:
R ~ R Properties, 2774 Nicholas Avenue, N. E., Roanoke,
Virginia 24012
Mr. Howard T. Pack, 5260 Crossbow Circle, S. W., Unit 12A,
Roanoke, Virginia 24014
Mr. P. D. Brooks, Jr., P. O. Box 9196, Richmond, Virginia
23227
Mr. & Mrs. C. E. Estes, Ms. Martha Estes, c/o Great Coastal
Express, 5600 Midtothian Pike, Richmond, Virginia 23225
Ms. Shirley N. Rehfietd, 2119 ~rookfietd Drive, S. W.
Roanoke, Virginia 24018
Mr. & Mrs. Paul D. Leffet, 2546 Manning Road, N. E.,
Roanoke, Virginia 24012
Ms. Louise F. Kegley, 301 Tinker Creek Lane, N. E., Roanoke,
Virginia 24019
Mr. R. E. Conner, 2920 Mason Mitt Road, N. E., Roanoke,
Virginia 24012
Mr. & Mrs. Michael Turnbult, 2409 Mason Mill Road, N. E.,
Roanoke, Virginia 24012
Ms. Claire White, 2661Creston Avenue, S. W., Roanoke,
Virginia 24015
Mr. Charlie Minter, President, Williamson Road Action Forum,
4611 Oakland Boulevard, N. E., Roanoke, Virginia 24012
Mr. Mark DiCarto, President~ Statesman Industrial Park
Association, 2613 Gaytord Street, S. W., Roanoke, Virginia
24012
Mr. John Frye, President, Tread Co,porationo 1764 Granby
Street, N. E., Roanoke, Virginia 24012
Mr. Coy Renick, Personnel Manager, Vitramon, Inc., P. O. Box
11786, Roanoke, Virginia 24022
Mr. Wayne G. Stricktand, Executive Director, Fifth Planning
District Co,=,ission, P. O. Box 2569, Roanoke, Virginia 24010
Mr. W. Robert Herbert, City Manager
Mr. Witburn C. Dibting, Jr., City Attorney
Mr. Steven J. Tatevi, Assistant City Attorney
Mr. Von W. Moody, III, Director of Real Estate Valuation
Mr. Michael M. Waldvoget, Chairman, City Planning Commission
Mr. L. Etwood Norris, Chairman, Board of Zoning Appeals
Mr. William F. Clark, Director of Public Works
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Charles M. Huffine, City Engineer
Mr. Ronald H. Miller, Building Commissioner and Zoning
Administrator
Mr. John R. Marltes, Agent/Secretary, City Planning
Commission
Ms. Doris Layne, Office of Real Estate Valuation
IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA,
The 24th day of July, 1989.
No. 29660.
AN ORDINANCE to amend §36.1-3, Code of the City of Roanoke (1979),
as amended, and Sheet Nos. 717, 722 and 723, Sectional 1976 Zone Map,
City of Roanoke, to rezone certain property within the City, subject
to certain conditions proffered by the applicant.
WHEREAS, application has been made to the Council of the City of
Roanoke to have the hereinafter described property rezoned from RS-3,
Residential Single Family District, and RA, Residential Agricultural
District, to LM, Light Manufacturing District, subject to certain con-
ditions 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 appli-
cation at its meeting on July 10, 1989, 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,
rezoning; and
WHEREAS, this Council, after
tion, the recommendation made to
Commission,
both for and against the proposed
considering the aforesaid applica-
the Council by the Planning
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 Nos. 717, 722 and 723 of the Sectional 1976 Zone Map, City of
Roanoke, be amended in the following particular and no other:
Property described as a tract of land lying in the northeast
quadrant of the City, containing a combined total of 142 acres, more
or less, and designated on the City of Roanoke Tax Appraisal Maps as
Official Tax Nos. 7170506, 7170508, currently zoned RS-3 Residential
Single Family, and Official Tax Nos. 7220101, 7220103, 7230101,
7230201 and 7230301, currently zoned RA, Residential Agricultural,
and shown on Sheet Nos. 717, 722 and 723 of the Sectional 1976 Zone
Map, City of Roanoke, be, and is hereby rezoned from RS-3, Residen-
tial Single Family District, and RA, Residential Agricultural
District, to LM, Light Manufacturing District, subject to those con-
ditions proffered by and set forth in the Petition to Rezone filed
with the City Clerk on May 18, 1989, and that Sheet Nos. 717, 722 and
723 of the Zone Map be changed in this respect.
ATTEST:
City Clerk.
Roanoke City Planning Commission
July 10, 1989
The Honorable Noel C. Taylor, Mayor
and Membez's of City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Request from the City of Roanoke, represented
by Earl B. Reynolds, Jr., Assistant City
Manager, and Anderson Wade Douthat and
Frances B. Douthat, represented by Alton B.
Prillaman, attorney, that property located in
the northeast quadrant of the City,
containing a combined total of 142 acres,
more or less, and designated as Official Tax
Nos. 7170506, 7170508, currently zoned RS-3,
and Official Tax Nos. 7220101, 7220103,
7230101, 7230201 and 7230301, currently zoned
RA, be rezoned to LM, such rezoning to be
subject to certain conditions proffered by
the petitioner.
Background:
Purpose of the request is to rezone the
subject properties from RS-3 and RA to LM in
order to expand the City's existing Centre
for Industry and Technology.
Be
Petition to rezone was filed on May 18, 1989.
Conditions proffered by the petitioner are as
follows:
If the City does not purchase the
property, the zoning shall revert to
zoning designations existing at the tim~
of the filing of this Petition to
Rezone, without further action by City
Council.
The City agrees, upon purchasing the
property, to impose restrictive
covenants upon any and all sites and
Room 355 Municipal Building 215 Churd'~ Avenue, S W Roanoke, Virginia 24011 (703) 981~2344
Roanoke City Council
Page 2
July 10, 1989
lots located within the property similar
to those contained in the document
entitled, "Deed of Restriction" which is
attached as Exhibit "D".
Roanoke Centre for Industry and Technolo97
was established in 1983. Existing industrial
park is nearly built out. Only two prime
sites remain to accommodate industrial
development. Proposed rezoning would provide
approximately 142 gross acres for additional
expansion. (City is currently pursuing
negotiations with other property owners in
the area.)
City has contracted with a private
engineering/consulting firm to undertake a
feasibility analysis of the site for
industrial development. Results of
feasibility analysis will not be available
until August 1989. City's option on property
expires on October 2, 1989.
Historical features in the area proposed for
rezoning include the "Johnston Cabin" which
was built in the late 1700s or early 1800s by
the son of Colonel William Fleming and grave
sites containing, among others, the remains
of Charles Oliver and son, Yelverton Oliver,
the builder of Monterey and the purported
first Postmaster of Big Lick. Other
historical features present in the immediate
area along Tinker Creek include Monterey (on
the National Register), Bell Mont (eligible
for the National Register) and grave sites
adjacent to Bell Mont containing the remains
of Colonel William Fleming and his wife.
Neighborhood organizations, including the
Williamson Road Action Forum, Williamson Road
Area Business Association, Statesman
Industrial Park Association and the Wildwood
Civic League, have been notified. An
informational meeting with neighborhood
organizations and adjacent property owners
was held on May 31, 1989.
Public information meetinq with neighborhood
residents and property owners was held on May
31, 1989.
Roanoke City Council
Page 3
July 10, 1989
Mr. Earl B. Reynolds, Jr., Assistant City
Manager, summarized the rezoning request on
behalf of the City of Roanoke. Nine property
owners and residents were in attendance.
Neighborhood comments focused on the
appearance of the proposed industrial park;
environmental impact of the proposed
development on off-site springs, wells, and
on Tinker Creek; access; traffic on Masons
Mill Road; and storm water management. Mr.
Reynolds noted that a number of the
residents' questions and concerns could not
be answered until after the completion of the
consultant's feasibility study, or in regard
to specific design features, would be
resolved as the needs of specific prospective
industries are known. Mr. Reynolds also
noted that the City was aware of the
historical issues involved with the
development of the site.
Planning Commission public hearinq was held
on June 7, 1989. Mr. Earl Reynolds,
Assistant City Manager, summarized the
request on behalf of the City. Mr. Reynolds
stated he felt that expansion of the existing
park was critical to continue the City's
success in attracting new industries. Mr.
Reynolds noted that the development approach
for the expansion would essentially be the
same as the present Centre. Mr. Sam McGhee,
Mattern and Craig, summarized the concept
plan for the Commission and discussed the
provision of utilities. Ms. Claire White
(2651 Preston Avenue, SW) appeared before the
Commission and discussed the historical
significance of the area and challenged the
Commission to think of including the area
which contains the historic sites into some
type of historic greenway. Ms. White stated
she had a statement from Mr. Tony Whitwell,
Chairman of the City's Architectural Review
Board, which urged the Commission to postpone
making a recommendation on the rezoninq until
further study had been made of the historical
sites. Mr. Charlie Minter (4611 Oakland
Boulevard, N.E.), President of the Williamson
Road Action Forum, stated that he applauded
the City's efforts in industrial development
but requested that the City proceed with
caution in protecting the historical area.
Mr. Mark DiCarlo (2613 Gaylord Street),
President of Statesmen Industrial Park
Association, stated
Roanoke City Council
Page 4
July 10, 1989
that he had not heard one objection to the
proposed rezoninq from any business within
the park. He said that the Association
recognized the critical importance of the
City moving forward and encouraged the
Commission to approve the request. Mr. John
Frye, President of Tread Corporation (1764
Granby Street, NE) stated that while his
company fully supported the rezoning
application, he felt it was necessary to at
least seek some commitment from the City for
funds to correct the drainage problems, lack
of curb and gutter, and landscaping in
Statesman Industrial Park. Mr. Coy Renick,
Personnel Manager of Vitramon (Chip Drive,
NE) appeared before the Commission and stated
his company was in favor of the Centre
expansion. Mrs. Sherri Turnbull (2409 Mason
Mill Road, NE) appeared before the Commission
and stated she was concerned about the
excessive amount of traffic, especially
trucks, on Mason Mill Road. She also stated
she was concerned the proposed industrial
park would decrease her property values. Mr.
Reynolds noted that the City's traffic
engineer and economic development staff had
been asked to investigate the traffic
problems on Mason Mill Road and that the City
had not been aware of the problem until last
week.
Mr. Reynolds further stated that necessary
studies had not been completed in order for
the City to know what the site would look
like, however, the City's zoning ordinance
only allowed 60% site coverage and there were
screening and buffering requirements. With
respect to the historic preservation issues,
Mr. Reynolds noted that the City has worked
very closely with its residents on similar
issues in the past and noted that the
recently created Regional Preservation Center
would be of assistance during the technical
evaluation of the site by Mattern and Craig.
At the Chairman's request, Mrs. Franklin,
Secretary to the Commission, read letters
received by the Commission from the Regional
Preservation Center and the Roanoke Valley
Preservation Foundation. In response to a
question from Mrs. Goode, Mr. Reynolds stated
that the Commission would have a better
opportunity to address the issues of concern
if the property was in public ownership.
Roanoke City Council
Page 5
July 10, 1989
II. Issues:
Zonin~ of parcels 7170506 and 7170508 is
presently RS-3, Residential Single-Family
District. Zoning of parcels 7220101,7220103,
7230101, 7230201 and 7230301 is presently RA,
Residential Agricultural District. Zoning to
the north and west is RA. Zoning to the east
in the existing Centre for Industry and
Technology is LM. Zoning to the south is a
combination of LM (Statesman Industrial
Park) and RS-3.
Land use of area proposed for rezoning is
predominantly undeveloped/agricultural. Land
uses in the surrounding area include
scattered residential, industrial (Centre for
Industry and Technology, Statesman Industrial
Park) and undeveloped/agricultural.
Utilities are present in the area.
Alternative methods of providing utilities
are being evaluated as part of the
consultant's study of the site. The City's
"zero increase in the rate of runoff" policy
would apply to the project with respect to
storm drainage retention/control.
Traffic is not a major concern. Access to
the area proposed for rezoning will be
provided through an extension of Blue Hills
Drive. Traffic impact is being evaluated as
part of the consultant's feasibility study of
the site. No adverse impact is expected.
Neighborhood is a mixture of undeveloped/
agricultural land and scattered residential
development. Buffering/site plan
requirements of zoning ordinance and proposed
restrictive covenants similar to those
existing for the Roanoke Centre for Industry
and Technology will help screen existing
single family dwellings which abut the
subject property to the west and south of the
site.
Comprehensive Plan recommends that industrial
development should be encouraged on
appropriate sites.
III.
Alternatives:
A. Recommend approval of the rezoning request.
Zonin9 becomes LM. Restrictive
covenants similar to those existing in
the Centre for Industry and Technolo~y
Roanoke City Council
Page 6
July 10, 1989
would also be imposed on all sites and
lots within the proposed park expansion.
The City's zoning ordinance provides for
Planning Commission review and approval
of site plans of any non-residential use
on a tract of land exceeding two (2)
acres in areas that abut a residential
district.
Land use of area proposed for rezoning
would change from predominantly
undeveloped/agricultural to light
manufacturing.
Utilities are present in the area.
Alternative methods of providing
utilities are being evaluated as part of
the consultant's study of the site.
Traffic is not expected to be a
significant issue. Traffic impact is
being evaluated as part of the
consultant's feasibility study of the
site.
Neighborhood impact would be limited.
Buffering/site plan requirements of the
zoning ordinance and proposed
restrictive covenants would help screen
existing residential dwellings.
Comprehensive Plan goal of encouraging
new industrial development on
appropriate sites would be enhanced.
B. Recommend denial of the rezoning request.
1. Zoning remains RS-3 and RA.
Land use remains undeveloped/
agricultural. 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.
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.
Roanoke City Council
Page 7
July 10, 1989
IV.
Recommendation:
By a vote of 7-0, the Planning Commission
recommended approval of the requested rezoning.
The Planning Commission recommendation included
the following:
aJ
That the development of the proposed sites
identified as 18, 19, and 20, on the Mattern
and Craig concept map be delayed until the
City has had time to explore the historical
aspects of the property; and
That the City review, as a part of its
analysis, possible improvements that could be
made to Statesman Industrial Park in order to
enhance the City's project.
Respectfully submitted,
Roanoke City Planning Commission
JRM:mf
CC:
Assistant City Manager
Assistant City Attorney
Director of Public Works
Director of Utilities and Operations
City Engineer
Building Commissioner/Zoning Administrator
Chief, Economic Development
Attorney for the Petitioner
Attachments:
aoIo
A.II.
A.III.
A.IV.
aov.
A.VI.
Petition to Rezone
Draft Planning Commission Minutes
6/7/89 letter from Commonwealth of VA,
Roanoke Regional Preservation Office
6/2/89 letter from Roanoke Valley
Preservation Foundation
Location maps (2)
Mattern and Craig Concept Plan
Office cf rne C~ Cle~
May 22, 1989
~r. Michael M. ~Valdvogel
Chairman
City Planning Corr~ission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from the City of Roanoke, Mr. Anderson Wade Douthat and Mrs.
Frances D. Douthat, represented by Mr. Earl B. Reynolds, Jr.,
Assistant City Manager and Mr. Alton B. Prillaman, Attorney,
requesting that a tract of land consisting of seven parcels
bearing Official Tax Nos. 7170506, 7170508 (currently zoned RS-3,
Residential Single Family District), 7220101, ?220103, 7230101,
7230201 and 7230301 (currently zoned RA, Residential Agricultural
District), be rezoned to LM, Light Manufacturing District, such
rezoning to be subject to certain conditions proffered by the
petitioners.
Sincere ly,
/
Mary F. Parker, CMC
City Clerk
MFP:ra
REZONE17
Enc.
pc: Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mr. Alton B. Prillaman, Attorney, P. O. Box 720,
Virginia 24004
~Co' John R. Marlles, Agent/Secretary, City Planning
r~ission
Mr. Ronald H. Miller, Zoning Administrator
~r. Steven J. Talevi, Assistant City Attorney
Roanoke,
Room 456 Mun~cil:~l Builciing 215 C~urch Avenue, SW Roanc:~e ~rg~nia 24011 (70~) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
VIRGINIA,
IN RE:
Rezoning of a tract of land consisting of )
seven (7) parcels bearing Official Tax )
Nos. 7170506, 7170508 (currently zoned )
RS-3, Residential Single Family District), )
7220101, 7220103, 7230101, 7230201 and )
7230301 (currently zoned RA, Residential )
Agricultural District), to LM, Light Mann- )
facturing District, such rezontng to be )
subject to certain conditions. )
PETITION
TO
REZONE
TO THE HONORABLE MAYOR AND ~E~BERS OF THE COUNCIL OF THE CITY OF
ROANOKE:
1. The Petitioners, City of Roanoke (hereinafter referred to as
the "City") and Anderson Wade Doutbat and Frances B. Douthat (herein-
after referred to as the "Douthats"), have or will have an interest in
certain land in the City of Roanoke containing 142 acres, more or less
(hereinafter referred to as the "Property"). A map showiag the Pro-
perty as currently zoned is attached as Exhibit "A". A metes and
bounds description of the Property is attached as Exhibit "B".
2. The Douthats are the record owners of the Property.
3. The City intends to contract to purchase the Property from
the Douthats, subject to the rezoning thereof.
4. Pursuant to Article VII of Chapter 38.1, of the Code of the
City of Roanoke (1979), as -mended, the Petitioners request that the
Property be rezoned from its current zoning designations to LM, Light
Manufacturing District, subject to certain conditions set forth below,
for the purpose of light manufacturing, processing, storage, whole-
sale and distribution, and general service establishments. Attached
as Exhibit "C" is a concept plan, outlining features of the proposed
use of the Property.
5. The Petitioners believe the rezoning of the Property will fur-
ther the intents and purposes of the City's Zoning Ordinance and its
Comprehensive Plan, in that it will be in the best interests of all
concerned, cause the zoning classification of the Property to be
compatible with that of property which is adjacent to the Property,
and potentially contribute to an increase in the tax base, offer addi-
tional employment opportunities, improve the business environment, and
foster the economic growth of the City of Roanoke.
8. Petitioners hereby proffer and agree that if the Property is
rezoned as requested, the rezoning will be subject to, and that the
Petitioners will abide by, the following conditions:
a. If the City does not purchase the Property, the zoning
shall revert to the zoning designations existing at the
time of the filing of this Petition to Rezone, without
further action by City Council.
b. The City agrees, upon purchasing the Property, to impose
restrictive covenants upon any and all sites and lots
located within the Property similar to those contained
in the document entitled, "Deed of Restriction" which is
attached as Exhibit "D".
7. Attached as Exhibit "E" are the names, addresses and offi-
cial tax numbers of the owner or owners of all lots or property imme-
diately adjacent to or immediately across a street or road from the
Property to be rezoned.
WHEREFORE, the Petitioners request that the above-described Pro-
perty be rezoned as requested in accordance with the provisions of the
Zoning Ordinance of the City of Roanoke.
Respectfully submitted,
CITY OF ROANOKE
ANDERSON WADE DOUTHAT and
FRANCES B. DOUTHAT
Ry.
Alton'B. Prillaman
O~ZCZ~T, ~[ ~?~30201
B~GINNING at a point on the northeasterly line of property of Blue
Hills Golf Corporation (Roanoke County Deed.Book 904, page 573,
Plat Deed Book 904, page 578), said point also being the
southwesterly corner of property of Roanoke Center for Industr and
Technology, thence with the line of said
on the ' 11,_00,, E. 91 .48 feet to a point
· ,~ u~.W~up~ruy or =na gran:ors (Roanoke County Deed Bock
903, page 127), thence with the same, S. 46' 25' 0~" W. 1650.00
feet to a point on the easterly sida of a 100 foot ~lde right-of-
way; thence with the same and still with the aforesaid property of
Grantors the following seven (7) courses and distances S. · ,
00" W. 104.90 feet to a point, N. 82· 02' 0~"
o'
p }nt on the near the centerline of Manning Road;.thence crossing
sa~d road S. 48· 03' 47' E. 17.58 feet to a point, thence leaving
said road S. 88· 49' 00# W. 60.00 feet to a point; N. 7" 52' 00"
E..466.30 feet to a point; N. 15· 54' 00" W. 449.90 feet to a
polp~; and N. 39· 29' 03" E. 13.67 feet to a point on the
southeasterly side of the aforesaid property of Blue Hills Golf
Corporation; thence with the same, N. 87· 02' 31" E. 86.52 feet to
a iron pin found; thence N. 31· 16' 56" E. 715.81 feet to a point;
thence N. 33· 45' 26" E. 492.44 feet to the PLACE OF BEGINNING, and
containing 25.679 acres, inolusiva of a 100 foot wide right-of-way,
as more particularly shown on "Plat Reeurvey of 25.679 acres...,,,
dated June 3, 1982, prepared by B. R. Shrader, Land Surveyor, of
record in the Clerk's Office of the Circuit Court for the City of
Roanoke, Virginia, in Deed Book 1482, at page 32; and
OPPICI~L TAX $717~0B
BEGINNING at corner #1, being an iron pin at the northeas~ e-~-o-
of Preston Boulevard and Calvin Road (both 30 feet wide)
with the s~uth .line of tha property now or formerly owned by Mohun
and following the existing boundary line fence N. 66· 16' 30" E.
908.41 feet to an iron pin at Corner #2; thence with the west line
of the proper~y now or formerly owned by L. J. Manning S. 22· 47
3~" E. 218.53 feet to an iron pin at Corner #3; thence with a new
division line .thrOugh and across the Lonzo C. Argabright, whose
correc= name is ~onzy C. Argabright and Luella M. Argabright
property and approximately following a fence line S. 68· 01' W.
916.1 feet to an iron pin at Corner #4 on the east side of Calvin
Road (30 feet wide); thence with the same, N. 20· 26' W. 191.22
feet to the PLACE OF BEGINNING, and being shown on plat prepared
by C. B. Malcolm and Son, State Car~ifiad Engineers, dated
September 17, 1958, of record in the Clerk's Office of the Circuit
Court of Roanoke County, in Deed Book 610, page 214; and
EXHIBIT B
OFPZCZAL TAX ~7X70506
BEGINNING ~t a large sycamore on the old Read line now t
Johnston line, said sycamore t~-a ~-~ ........ ' he
· . .... ~,z~ un =ne westerly side of
~annln~ Road, thence alono the westerly a~
following three cours~. ~ ~o ~, ,.,-~.'~ ~ ~nnlng ~oad the
^__~ _~ . _ _ - .... ~ ~- -. &o~ =eat to a stake 1
a ~oint. t~ .... ~ a~---~ .... , unence ~. 20· 13~ W. 87.14 feet to
Bo~' ,_ ~= ~. ~o 46 W. about 35 feet to center of Monticello
6.70 fe.~ ~ .... --~. .... ~ ~,,u uo a poln=; trance S. 53~ 10' W.
-~ ~ ~ yuznu, corner to the land now or formerly owned b
~. W. Kessler, thence along the said J. W. ~e~ ~,~-~ ,~o ^¥
wi 398.21 feet to the old Read line- now th~'~i_~'TT_"l
~lopg.th~.old Read line now the Johnston line. N. 66· 4' ~
=e~=. =? =ne mLACE OF BEGINNING, containin~
...... o~ the. northerly side of Monticello Boulevard
anu westerly sl~e of ~annlng Road of the 20.04 acres conveyed by
Leonard J. Manning to Home Dealers Incorporated, by deed dated July
~ 1937, of record in Roanoke County Deed Book 247, at page 243;
EXCLUDING THEREFROM certain 0.692 tract or parcel of }and
conv.y.d Cl,.hr Jo .ton and To. Jo .ton,
to Clarence R. King and Mar~ha W. King by deed dated February 22,
1963, of record in Roanoke County Deed Book 710, page and
164;
OPPZCIAL TAX #7220101
~EGINNING a? a stake corner set in fence
~--, ~n =n~ sou=~erly
ooundary l~ne of the property formerly owned by Alice Huff
-~ --, ~. ~m tzormer~y ~. W. Kese~er) land; thence with the
westerly line of eaid A~ee ~and; moetl¥ following the existing
boundary line fenoe S. 20 30 E. 466.4 feet to a fence corner post
on the northerly eide of Monticello Boulevard (30 feet wide);
thence along the northerly side of said Monticello Boulevard, the
following ~hree coureee and dietancee, S. 68· 18~ W. ~7~ ~ ~*.
S..71° 33~ W. 474.1 fast; S. 68° 00~ w =~.
-. ~o~ z..~, ~nence leaving
said Boulevard and w~th the westerly outside bounda 1
,,p # ry ina of the
lastere land, moetly following the exietingboundar line fence
}?° f..t; M. 22. 44, w. feet to a orner .tak&
}~ =ne fence llne, thence N. 59° 30~ E. with the northerly out~
southerly ooun~ary llne of the proper~y formerly owned b~ Alice
Huff Johnston (formerly Mohun or Read land); thence wzth the
boundary line of the said Alice Huff Johneton property, N..79· 35~
E. 5~7.5 fee~ to an angle point on ~he said boundary line, thence
continuing with the southerly boundary line of said Alice Huff
Johnston property N. 65° 55~ E. 495 feet to the PLACE OF BEGINNING,
and containing 15.6 acres, more or lees, as shown on survey
prepared by C. B. Malcolm, S.C.E., dated November 24, 1939, of
record in Roanoke County Clerk,s Office in Deed Book 269, page 344;
and
TOGETHER WITH any and all reservations, rights of way, and water
privileges reserved by B. T. Tinsley in a deed to A. MOD. Smith,
dated December 9, 1879, and of record in Deed Book L, page 521, of
the Clerk,s Office of the Circuit Court of Roanoke County,
Virginia, and also in a deed from H. G. Tinsley to Uz McGuire and
Henry L. Caldwell, dated July ?, 1881, and of record in Deed Book
M, page 91, of the aforesaid Clerk,s Office, and being the
northwesterly portion of ~he property conveyed unto Mary Texas
Plasters by Virginia Investment Corporation by deed dated April 3,
1939, of record in ~he aforesaid Clerk,s Office in Deed Book 263,
page 13; and
OPFZOIAL T~ ~7220103
BEING 259.8 Acres as shown on plat of survey for Alice H. Johnston,
by C. B. Halcolm, S.C.E., dated July 10, 1936, of record in the
Clerk's Office of the Circuit Court of Roanoke County, Virginia,
in Deed Book 238, page 558; and
LESS AND EXCEPT, HOWEVER, t/la following parcels of land:
~) _A_tra~t of ~87 ac~es, more or less, conveyed to Vice-Ad~iral
aras=on B. Wright ana wife by deed dated January 22, 1952, of
record in the aforesaid Clerkts Office in Deed Book 467, page 533,
~d_btin? ~ar~el "A' shown on plat for Clement D. Johnston, made
y u. ~. Ha£colm, S.CoE., dated February 20, 1951, of record in the
aforesaid Clerkts Office in Deed Book 456, page 220.
2) A ~ract of 152.156 acres conveyed to Blue Hill~ Golf
Corporation, by deed dated October 2, 1967, of record ~n the
~}er~'? OffiCe of_t/is Circuit Cour~ of ~hs County of Roanoke,
virginia, In used Book 904, page 573, as show~ on a plat of survey
by David Dick and Harry A. Wall dated September 7, 1967, of record
in the aforesaid Clerk,s Office in Deed Book 904, page 578.
3) A tract of 24.99 acres according to a plat of survey made by
~uford T. Lu~sden & A~sociates, dated October 8, 1982, of record
1~ the Clerk,s Office of the Circuit Cour~ for the City of Roanoke,
v~rginia, in Deed Book 1482, page 31.
4) That por~ion of ~he aforesaid 259.8 acres which lies within the
bounds of a tract of 60.4 acres conveyed to Nancy Douthat Goss, et
al, by deed dated January 2, 1974, of record in ~he Clerk,s Office
of the Circuit Courior Roanoke County, Virginia, in Deed Book 987,
page 793.
5) A tract of 25.679 acres according to a plat of survey made by
B. R. Shrader, C.L.S., dated June 3, 1982, of record in the Clerk,s
Office of ~he Circuit Cour~ of the City of Roanoke, Virginia, in
Deed Book 1482, page 32.
TOGETHER WITH perpetual easements through over and across the
24.99 acre parcel partitioned to Nancy Douthat Gross and James
Fielding Douthat by decree entered November 30, 1982, of record in
the Clerk's Office of the Circuit Court of the City of Roanoke,
Virginia, in Deed Book 1482, page 24, for the installation,
maintenance and repair of all water lines and fixtures presently
in existence or reasonably required for the use and development of
the hereinabove described lands.
OFFICIAL TAX #?230101
STARTING at a point designated as corner 7 and the centerline and
at the end of Virginia State Secondary Route 812 and said Starting
Point being N.
82° 02' W., approximately 15 feet from the divisio~
line betwee9 Blue Hills Golf Course property and Readlawn E~tates,
thence leaving the above described Starting Point and leaving the
\iW f.stat s.ccnde, Rout. 812. N. ,,. 4,' E..0 f..t to
. .. , el~g =ne ACTUAL PLACE OF BEGINNING on the herein
oes~}~ed_t~ct, thence with a new division line through the Blue
_ 911~s Gol~ ~ou~.s~, property of Clement D. Johnston (original
Nonle ~. Rea~ lan~ or record in the Clerk's Office of ~- ~-,,~*
ount¥, virgi.ie, in Deed Book pa%";
o?- 41' W. ~OO.~ =eet CO corner 17; thence continuing with a new
~=& n~w ~ne, ~. %~ 14 E. 576 feet to corner 19; thence
continuing, with .a new line along the westerly side of a proposed
100 foot width right-of-way, S. 15~ 54' E.o Daseino a o~iva~, ~u.
about 10 feet in all a total distance of 449.9 feet to corner
2~{ thence S. 7° 52' W. 466.3 feet, continuing a}ong the westerly
s~e of the aforementioned proposed 100 foot width right-of-way
to corne~ 16, the A.CT~.ALPLACE OF BEGINNING, containing 6.87 acres,
more or less, and ~lng the property designated as Parcel "A" on
the plat dated February 20, 1951, prepared by C. B. Malcolm & Son,
S.C.E., a copy Of which plat was recorded in the Clerk s office of
the Circuit Cour~ of Roanoke County, Virginia, on May 15, 1951,
with the deed conveying Parcel "B" from Clement D. Johnston and his
wife, Lutie W~cott Johnston to Vice-Ad~irel Carleton H. Wright and
Elvira Wright, and
OPFI~I~L~ Tm~ ~ ?~30S01
STARTING at a poe~, said point being common corner to the Blue
Hills Golf Course property (original Nonie B. Read land of record
in the Clerk's Office of the Circuit Cour~ for the County of
Roanoke, in Deed Book 70, page 236) and Readlawn Estates (original
Weeks land of record in the aforesaid Clerk's Office in Deed Book
135, page 19); thence leaving the above described Starting Point
and along Virginia State Secondary Route 812, N. 29· 53' E. 94.5
feet to corner 1, in the center of aforementioned Route 812, being
THE ACTUAL PLACE OF BEGINNING, of the herein described tract or
parcel of land; thence continuing along the center of Secondary
Route 812, the following six bearings and distances: N. 10· 43' E.
200 feet to corner 2; thence N. 4· 23' E. 100 feet to corner 3;
thence N. 14° 29' E. 100 feet to corner 4; thence N. 11° 07' E. 100
feet to corner 5; thence N. 22· 38' E. 200 feet to corner 6; thence
N.
13° 03' E. passing a cattle guard at about ?0 feet in all a
total distance of 83 feet to a point at the end of Route 812, being
corner ?, thence leaving the center of Route 812, S. 82~ 02' E.,
passing.the easterly side of Route 812 at abou~ 10 feet i~ ~1% a
total distance of 50 feet to corner 8; thence wxth a new dlvlsxon
line through the property of Readlawn Estates, of record as
aforementioned, N. 6e 32'
___~=__~ ....... -~ ~v~.~ =~e= =o corner 9; thence
~=An~Ang wl=n =nat new line through Readlawn Estates a~d
following closely along the southerly side of a road ri ht .
N. 46e 25' E. 9 g -of-way.
11 feet to corner.10 at the northwest corner of the
R. E. Conner property being orxgxnal L~ts 40 and 41, Section 7, of
the old Readlawn Estates Map; thence wl~h the westerly lxne of the
Conner property and following an existing fence line, S. 37· 4?'
E., 324.5 feet to corner 115 thence with the southerly line of the
Conner property, N. 52· 13' E. 200 feet to corner 12; thence with
the easterly line of the Conner property and following an existin
~_l~e[~N_. ~7' 47' W. 34~.5 feet to corner 13, at the northeas~
~-~ ~ cae uonner proper=y; thsnce continuing with a new line
through the Readlawn Estates Map, N. 46° 25' E. 538 feet to corner
14; th~nce_cont~nui~g wxth another new line through the aforesaid
proper=y, s. 43 11 ~ 693.? feet to an iron pipe at.an angle in
the fence at corner 15, thence along the original outsxde boundary
line of the Readlawn Estates Map and also along the boundary line
of the Clifton Heights Map and following an existing fence line,
~;.~l.~' W._2424..7 ~et to corner 1, being the AC~JA/~ PLACE OF
~-,~,u, eno containing 25.1 acres, more or less, and being
designated as Parcel "B" on a plat dated February 20, 1951,
prepared by C. B. Malcolm, S.C.E., a copy of which plat was
recorded in the Clerk's Office of the Circuit Court of Roanoke
County, Virginia, on May 15, 1951, with the deed conveying the same
parcel from Clement D. Johnston and wife, Lutie Walcott Johnston,
to Vice-Admiral Carleton H. Wright and Elvira Johnston Wright, in
Deed Book 456, page 217; and
LESS AND EXCEPT 1/2 acre leased to Contel Cellular, Inc., by lease
agreement dated February 9, 1988, recorded in Deed book 1579, page
1580, map recorded at page 1590, which lease specifically recites
"which parcel shall be added to existing parcel of land known as
Official Tax
DEED OF RESTRICTION
The City of Roanoke, Virginia (hereinafter the City), a munici-
pal corporation organized and existing under the laws of the Common-
wealth of Virginia, as attested by the undersigned signature of its
Mayor, does of its own free will impose the following restrictive
covenants upon any and all sites and lots located within
such sites
and lots now owned by the City, and being more particularly described
and shown on the
been recorded'on
such plat having
in thmCl~k'sOffiumof~C/rcuitCour~f=~/~Ci~yof~,
Virginia, and as shown on the plat of survey showing a acre
tract conveyed to the City by deed recorded which
plat is recorded in Deed Book' Page , in the Clerk's Office
of the Circuit Court for the City of Roanoke, Virginia. The following
restrictive covenants ere hereby created, declared and esta~lished,
and made for and in consideration of the mutual covenants existing or
hereinafter to .exist by and between the City and the grantee or grantees
of any site or lot lying within the boundaries of and are
made wi~h ~he express intent of ensuring the orderly develo~ent of
and ensuring that new site develepmant is harmonious with existin
development, the environment, and the Master Plan for
1. Permitted principal uses and structures. Thos~im:ipal
uses and s~ructures permitted by the zoning district regulations
applicable to property will be permitted. The City,
however, expressly reserves ~he right to limit or restrict the
use of a particular site or lot or particular sites or lots. The
EXHIBIT D
City also expressly reserves the right to request the recommenda-
tion of the City of Roanoke Economic Development Commission as to
the appropriateness of a proposed principal use or structure.
2. Prohibited uses. No use of any site, lot or building shall
be made which, in the opinion of the City, causes or creates, or is
likely to cause or create, a hazard or nuisance to adjacent pro-
perties, or which would violate the zoning performance standards of
the City.
3. Approval of comprehensive development pla~. Before commenc-
ing development involving a new structure, building or use, or involv-
ing an addition, alteration or change to an existing structure, build-
lng or use on or to any site or lot in , the property
owner shall first submit a comprehensive development plan to the City
for review in accordance with the City's comprehensive development
plan review zoning regulations, and any additional provisions set out
herein if such additional provisions are in addition to or more strin-
gent than those in the comprehensive development plan review zoning
regulations in effect at the time of the submission of the comprehen-
sive development plan.
4. Procedure for comprehensive development ~lan review. The
procedure for comprehensive development plan review shall be in
accordance with the City's comprehensive development plan review zon-
ing regulations, and any additional provisions set out herein if such
additional provisions are in addition to or more stringent than those
in the comprehensive development plan review zoning regulations in
effect at the time of the submission of the comprehensive development
plan. An approved comprehensive development plan shall expire and
be null and void, unless a buildin$ permit for the construction of
substantial elements of the site plan has been issued within a period
of one year after approval.
5. Required comprehensive development plan content,
(a) All information required in the City's comprehensive develop-
ment plan submission requirements in effect in the City zonin$ ordi-
nance at the time of submission of the proposed comprehensive de-
velopment plan, and any additional provisions set out herein if such
additional provisions are in addition to or more strinRent than those
in said comprehensive development plan submission
be submitted.
(b)
(1)
(3)
(c)
required by the provisions of the Code of
requirements, shall
For all developments:
The specific use to which each building or struc-
ture will be put, the square footage of floor area
to be put to each such use, and the estimated num-
ber of employeen who will work therein, and the
shifts they will work, and
The type of wastes or by-products, if any, to be gene-
rated and the propoeed method of disposal of such, and
Any other information required by the City in order
to determine the impact of a particular use and its
conformity with the City's zoning performance stand-
ards, shall be submitted.
Where erosion and sediment controls for the development are
the City of Roanoke (1979),
- 3 -
as amended, an erosion and sediment control plan as required by the
Code shall be filed concurrently with the comprehensive development
plan and the other requirements of the Code shall be complied with.
6. Development standards. Ail structures, buildings and im-
provements within shall be constructed and main-
tained in conformance with the following standards, unless the City
approves a specific exception, in eriting.
(a) General standards. Ail developmen~ shall be in
conformance with the building, zoning, subdivision
- 4 -
lations of the City, unless appropriate variances
have been granted.
(b) Building groups. Multiple structures, includ-
ing accessory building, planned for one lot or site
shall be designed in a unified architectural style
and be unified spatially.
(c) Setbac.ks. No uuilding or structure shall be
erected nearer than seventy-five (75) feet from the
right-of-way of a primary road in (a pri-
mary road being a public right-of-way sixty (60) feet
or ~ore in width), or nearer ~han fifty (50~ feet
from a secondary road or street, or nearer than thirty
(30) feet from any side or rear boundary line of the
lot or site. The areas between ~he property and build-
ing lines are to be used only for landscaping, lawns,
walks, driveways and approved identification signs.
No off-street parking shall be permitted within these
areas, except with the written permission of the City.
(d) Landscaping. All sites and iow shall be land-
scaped betw~ ell property end building lines within
ninety (90) days of completion of construction or as
we&~her pe~t8. Landscaping may include lawns, trees
and shrubs. All landscaping must be approved by the
City as being in conformance with the M~ster Plan
die, they shall be replaced as soon aS practicable
during the next suitable planting season.
-5 .
(e) Site coverage ratio. To insure the attractiveness
of and to provide for adequate space for off-
street parking, buildings, structures and parking areas
shall not cover more than sixty percent (60%) of the site
or lot.
(fi Construction standards. All buildings, structures
and improvements shall be constructed and maintained in
accordance wi~h the following standards, unless an ex-
ception is approved in writing by the City:
(1] No wood frame structures will be permitted.
(22 Exterior walls of all structuree and build-
ings shall be finished wi~h brick, tilt-up con-
crete, concrete panels, or their equivalent.
Exterior me~al walls are permitted, subject to
approval of the City, but such metal walls shall
not be installed on eidee of structures or build-
ings facing primary or secondary roads within
except when used in an architecturally suit-
able manner in conjunction wi~ho~her approved
materials.
(3) The color of all exterior walls, including
'chose that are reeurfaced or repainted, must be
approved by the City.
(g) Parkin~ and s~ora~e of motor vehicles and equilxnent.
Owners of property within shall not permit
their employees or tenants to park on public streets
_6 _
within except within spaces duly designated
by the City for parking. Property owners must provide
suitable concrete, asphalt, bituminous or similarly sur-
faced off-street parking spaces and driveways in
conformance with the zoning regulations of the City.
To enhance the appearance of whenever
possible parking and service areal shall be located on
those sides of each building which do not front on a
street.
(h) Loading areas. No loading docks or areal Ihall be
constructed or located fronting on any street or propoled
street, or within any required le~ba~k areas.
(ii Outside s~ora~e. No new materials, supplies, waste
or rubbish shall be stored in any area ex~ept inside an
enclosed building,unless Iorsened by a wall, or other
appropriate screen Iix (6) feet in height or rising two
(21 feet above ~/~e itored material, whiohever is higher.
Storage of produots p~oduoed on the site shall conform
to ~he City's zoning regulationl.
(J) Erosion ~ontrolf sediment control and itorm drain
fauilities. Erosion and sediment controls shall be in-
stalled as required by the Code of ~ City of Roanoke
(1979~, al amended. Eaoh ovner shall be required to
provide adequate drainage facilities, including on-lite
ponds and/or controls of stormwater runoff resulting
from precipitation. The amount of pending and/or con-
_ ? _
trois shall be at least suf£icient to acco~date the
estimated change in rate of stormwater runoff for the
ten (10) year storm resulting from the placement of
buildings and parking areas, and shall be discharged in
a manner consistent with commonly accepted engineering
practices.
(k) Signs. Plane and specifications for the construc-
tion, installation, alteration, and illumination of
all outdoor signs must be approved in writing by the
City. The City reserves the right to l~-~t the n,--her
and size of signs within Signs eh&ll identify
only the corporate name, trademark end/or trade name o~
the owner, and shell not otherwise be used for advertising
purposes.
(1) Drains and Sewers. All connections of drains and
sewers with the public sewers of the City shall he made
in accordance with the provisions of Chapter 26, Sewers
and Sewerage Disposal, Of the Code of the City of Roanoke
(1979J, as amended.
(m) Telephone and electrical service. All secondary tele-
phone and electrical service lines shall be underground
between the pr~--ry lines and the itruoturee or buildings
erected on any site developed within
?. Maintenance. The owner, lessee or ocoupant of any lot
or site will he responsible for the maintenance and clean and safe
condition of the land, buildings, landscaping, exterior lighting,
parking areas and all other improvements, including prompt
removal of all trash, lawnmowing, tree and plant trimmings.
During construction it shall be the responsibility of each
land owner to ensure that public streets and construction sites
are kept free of unsightly accumulations of rubbish and
scrap materials, and ~hat construction materials, trailers,
and the like are kept in a neat and orderly manner.
In the event any owner, lessee, or occupant fails to
comply wi~h any of its responsibilitiee for property maintenance,
~hen the City shall have ~he right, privilege and license to
enter upon ~he premises and take any and all measures necessary
to maintain ~he property to meet the standards let out
herein, and ~o charge the owner of the property for the
expenses incurred in so doing.
8. Option to repurchase in event o£ no construction. If,
after the expiration of ~hree (3) years from the date of purchase
of the property in from the City, the ~hen record pro-
perry owner shall not have begun in good faith the actual construc-
tion of a build~ng acceptable to ~he City upon the property, ~hen,
in ~hat event, ~h8 City shall have the right and option to refund
to said record propoL~y owner ~he amount of the original purchase
price paid to ~he City for the property; whereupon, the said record
property owner shall forthwith convey the property b&ck to the City.
In the event that the record property owner for any reason fails or
refuses to convey title back to the City as required herein, then,
in that event, the City shall have tho right to enter into and take
- 9 .
~ossession of said property, along with all rights and causes of
action necessary to have title to the property conveyed back to
the City.
9. Option to purchase. In the event that any owner of unim-
proved property in or any portion thereof shall desire
to sell all or a port,on thereof in accordance with the terms of
these Restrictive Covenants, the City shall have the first right
and option to purchase said property at the same purchase price
paid to the City by the original purchaser. Prior to such sale,
the property owner shall notify the City by registered or
certified mail of its intentions to sell the property or any
portion thereof. Said notice shall describe the exact parcel
intended to be sold. The City shall have sixty (60) days from
receipt of said notice in which to exercise the option. Set-
tlement shall take place within sixty (60) days after such
exercise.
10. Warranties. In the event that ~he City exercises any
of its rights spe~ified in paragraphs 8 and 9 hereof to reacquire
the prope~y, the t~en record property owner shall convey the pro-
party to ~he City by General Warranty deed with English Covenants
of Title, frae and clear of liens and encumbrances.
11. Enforcement. Eaoh of the foregoing Restrictive Cove-
nants shall run with ~he land end a braaoh of any one
of them may be enjoined, abated or remedied by the City or the
grantee or grantees of any site or lot lying within
- 10 -
their sucessors or assigns, by such remedies as are provided for
in law or in equity. It is understood, however, that the breach
of any of the foregoing Restrictive Covenants shall not defeat
or render invalid the lien of any mortgage on the property made
in good faith and for value and shall not prevent the foreclosure
sale of the property or any part thereof, provided, however, that
each and all of the foregoing Restrictive Covenants shall at all
times remain in full force and effect against the property, or
any part thereof, title to which is obtained by foreclosure or
any mortgage or other lien.
12. Subdivisions and lease-. No owner of property in
shall subdivide such property except in accordance wi~h
the subdivision regulations of the City, and with the written
consent of the City. No purchaser fro~ the City of property in
shall lease such property without the prior written
consent of the City, which shall not be unreasonably withheld.
13. Amendments. Except as herein provided, each of the
foregoing Restrictive Covenants may as ~o all persons and property
be waived, released, rescinded, modified, altered or amended by the
City at the request of and with the consent of the owners or lessees
from the City of property for terms of five (5) years or more of more
than fifty percent (50%), in area, of the lots or sites within
which have been sold by the City for development.
14. Invalidity of provisions. Should any proceedings at
law or in equity decree ~hat any one ur part of any one of the
foregoing Restrictive Covenants be deolared invalid, the same
will not invalidate all or any part of the re~aining covenants.
15. Duration. These Restrictive Covenants are made cove-
nants running with the land and shall be binding on all lot
owners, their heirs, devisees or assigns for a 9eriod of ten (10)
years from.the date hereof, after which time said covenants shall
be automatically extended for successive 9eriods of ten (10) years
unless an instrument, signed by the then owners of two-thirds of
the area of the lots or sites within exclusive of pub-
lic rights-of-way, has been recorde~ agreeing to change said cove-
nants in whole or in part.
- 12-
EXHIBIT E
PARCEL
7170316
7170317
7180301
7170318
7170319
7170320
7170321
7170322
7170323
7170324
7170325
7170326
7170101
7170501
7170502
7170503
7170504
7170505
7170509
7170507
7190601
0WNER~ AGENT OR OCCUPANT
A. Wade Douthat
James F. Douthat
Harold T. Shepherd
Evelyn F. Shepherd
Donald Diblasio
Eileen Diblasio
E. M. Freeman
c/o Pedro Freeman
Clement A. Smith
Virgil E. Boyd
Samir Hussamy
Eldred C. Clement
Leona Clement
Boyd B. Manspile
James H. Muse
Vickie L. Muse
· Robert D. Arthur
Joy J. Arthur
Earnest S. Callahan
Frances H. Callahan
Curtis E. Shilling
Martha J. Shilling
John D. Ferris
Opal D. Ferris
Norris G. Miller
Thecla S. Frantz
.ADDResS
P. O. Box 720
Roanoke, VA 24004
2524 Manning Road, NE
972 First Avenue
Raritan, NJ 08869
2502 Liberty Road, NW
Apt. 12
Roanoke, VA 24012
Star Route Box 13
Raven, VA 24639
Route 1, Box 250-A
Bluefield, VA 24065
1008 White Pine Drive
Lynckburg, VA 24501
2215 Mason Mill Road
Roanoke, VA 24012
2219 Mason Mill Road
Roanoke, VA 24012
2303 Mason Mill Road
Roanoke, VA 24012
2300 Mason Mill Road
Roanoke, VA 24012
Route 1, Box 445
Fincastle, VA 24090
2401 Mason Mill Road
Roanoke, VA 24012
522 Murrell Road, NE
Roanoke, VA 24012
5316 Woodbury Street
Roanoke, VA 24012
Star Route 1, Box 19
New Castle, VA 24127
7190602
7190603
7190604
3240309
7270101
7220102
3240402
7240102
7240104
7180305
7180306
7180307
7180308
7180309
7180220
7180221X
7180211X
7170107
7170108
7250101
7230302
Moore's Quality snack Foods
Welsch Properties
c/o Lunsford Realty
Chocklett-Davis Rental
City of Roanoke
Blue Hills Golf Corp.
Edwin M. Wilson
June M. Wilson
D. S. Combs
Vitramon, Inc.
c/o Walter Goodkoop
Sunlink Corporation
c/o Bellsouth Tax Dept.Rm.16E02
George A. Woolridge
R B R Properties
Howard Thomas Pack
P. D. Brooks, Jr.
C. E. & Dorothy T. Estes
c/o Great Coastal Express
Martha Lee Estes
c/o Great Coastal Express
Shirley N. Rehfield
Paul D. Leffel
JoA~ne T. Leffel
Louise F. Kegley
R. E. Conner
P. O. Box 1909
Bristol, VA 24203
P. O. Box 8205
Roanoke, VA 24014
2922 Nicholas Avenue
Roanoke, VA 24012
P. O. Box 5242
Roanoke, VA 24012
Tinker Creek Lane, NE
Roanoke, VA 24019
Box 7
Sassafras, KY 41759
Box 544
Bridgeport, CT 06611
1155 Peachtree Street
Atlanta, GA 303676000
Route 1, Box 870
Vinton, VA 24179
2774 Nicholas Avenue
Roanoke, VA 24012
5260 Crossbow Cir.
Unit 12A
Roanoke, VA 24014
SW
P. O. Box 9196
Richmond, VA 23227
5600 Midlothian Pike
Richmond, VA 23225
5600 Midlothian Pike
Richmond, VA 23225
2119 Brookfield Drive
Roanoke, VA 24018
2548 Manning Road, NE
Roanoke, VA 24012
301 Tinker Creek Lane
Roanoke, VA 24019
2920 Mason Mill Road
Roanoke, VA 24012
Roanoke City Planning Commission
Page 10
June 7, 1989
A.II.
There being no further discussion, Mr. Bradshaw moved to
approve the request. The motion was seconded by Mrs. Goode
and approved 7-0.
Mr. Fralin said that he would work with staff on the
cul-de-sac/turnaround question and he felt there would be no
problem as long as his clients did not have to use any
usable land.
Request from the City of Roanoke~ Anderson Wade Douthat,
and Frances B. Douthat, that property located in th~
northeast quadrant of the City, containing a combined
total of 142 acres, more or less, and designated as
Official Tax Nos. 7170506 and 7170508, currently zoned
RS-3, and 7220101, 7220103, 7230101, 7230301, and
7230301, currently zoned RA, be rezoned to LM,
conditional.
Mr. Earl B. Reynolds, Jr., Assistant City Manager, appeared
before the Commission and stated that the City felt this
project was critically important for the future of the City.
He said that the petition contained the following proffered
conditions:
property will revert if the City does not purchase
the property.
property will be subject to restrictive covenants
for the existing Roanoke Centre.
Mr. Reynolds briefed the Commission on the history of the
development of the existing Roanoke Centre for Industry and
Technology. He noted the importance of Roanoke in being the
major provider of jobs and services for southwestern
Virginia. Using the site plan, Mr. Reynolds pointed out the
present industries in the Roanoke Centre and noted that
there were 2 major sites and 3 minor sites remaining in the
present Centre. He said that the jobs provided by the
existing Centre industries and those that would be provided
if the major sites were filled, would probably exceed 1,200
jobs. He said that the build-out of the Centre had been
slow, but he felt a quality park had been developed because
of the restrictive covenants and other City requirements for
the park. He said that to be able to continue the City's
success in attracting new industries to Roanoke, expansion
of the current Roanoke Centre was critical.
Mr. Reynolds explained that the City was under some
constraints since there was an active land purchase
agreement with the present owners of the property.
time
Mr. Reynolds also said that development approach for the
Centre expansion would essentially be the same as for the
Roanoke City Planning Commission
Page 11
June 7, 1989
present Centre. The issue of quality has to pervade
everything. He said the City was now in a position to
demand the development be of a quality nature. He then asked
Mr. Sam McGhee to review the development concept.
Mr. McGhee appeared before the Commission and stated that
the process of conducting the environmental assessment on the
property or the development feasibility analysis had not yet
begun. He said that a concept plan had been prepared which
depicted an extension of Blue Hills Drive into the proposed
addition. He said that the concept of the original site was
to have one access point. He said there were no plans for
access to Blue Hills Drive from any residential area or from
the adjacent Statesman Industrial Park. He re-emphasized
that the plan was only a concept and that Blue Hills Drive
would be tailored to each industry as each site was
purchased. Mr. McGhee also stated that the Centre expansion
would be subject to the same restrictive covenants as the
current park and would also be subject to restrictions of
the City's zoning ordinance.
Mr. McGhee further explained that the need for a water
storage tank to serve the complex had been identified, but
that utility placement had not yet been fully determined.
Mr. Reynolds advised the Commission that an initial meeting
had been held with the adjacent property owners and the
neighbors would be kept informed of development of the site.
He reminded the Commission that the zoning ordinance did
require site plan approval by the Planning Commission for
this site and at that time the adjoining property owners of
the area would be notified when the site plan would be
reviewed by the Commission. He asked that the Commission
give the request favorable consideration.
Mr. Sowers questioned the long cul-de-sac road that would
come into the site and asked what the City's plans were as
far as alleviating the situation. He asked if there was a
plan to purchase property on the other end of the Roanoke
Centre site for access to another City street, thereby
eliminating the cul-de-sac situation.
Mr. Reynolds said there were no plans to connect Blue Hills
Drive with any residential streets. He said that concept
showed what the City wanted to accomplish. He advised the
Commission on the City's use of State Industrial Access
Funding to construct the road in increments as sites were
sold.
Mr. Bradshaw asked if Blue Hills Drive met the cul-de-sac
requirements of the City's ordinance.
Mr. Marlles said that the length did exceed the requirements
of the subdivision ordinance, however, the width of the
parcel surface and right of way compensated for the single
access point.
Roanoke City Planning Commission
Page 12
June 7, 1989
DRAFT
Mr. Sowers asked if he understood that the City felt that
the concept of the roadway construction would accurate and
would go no further in a westerly direction.
Mr. Brian Wishneff, Chief of Economic Development, appeared
before the Commission and stated that as far as the City's
plans were concerned the roadway would not go any further
than was shown on the concept plan. He said that it had
always been important that the park's entrance be protected
and there not be through traffic through the park.
Mr. Sowers asked if it was envisioned that the roadway would
be extended in an easterly direction.
Mr. Wishneff said that it was fairly obvious that the City
would like to have Blue Hills Golf Course.
Mr. Sowers asked if access would still be restricted to a
single entrance if Blue Hills could be acquired.
Mr. Wishneff responded that access would still be restricted
to one entrance, but there could be road extensions within
the park itself, such as ones like Chip Drive and Blue Hills
Circle.
Mr. Marlles stated that staff was recommending approval of
the request. He said the request was consistent with the
comprehensive plan's goal of encouraging industrial
development on appropriate sites. He said that in addition
to the buffering and screening requirements the restrictive
covenants would also apply. He said that staff felt the
screening and buffering requirements would go a long way in
meeting some of the concerns of the neighborhood residents.
He also noted the opportunity of the residents to review the
site plan once it was submitted to the Planning Commission
for approval.
Mr. Marlles stated that he had received a telephone call
from Jack Carter of Universal Communications in Atlanta
in support of the proposal if all conditions for the
expansion were the same as those in the current park.
Mr. Waldvogel asked about the public safety issue related
the length of the street.
Mr. Marlles said that the concept plan for the industrial
park was consistent with that of other industrial parks he
had seen. He said that it was unlikely that the entire
right-of-way would be blocked in an emergency situation.
Mrs. Goode asked if it was possible to consider an emergency
entrance that would not normally be opened.
Mr. Reynolds responded that security was one of the positive
Roanoke City Planning Commission
Page 13
June 7, 1989
DRAFT
things about quality industrial development. He said that
most of the industries in the park provided their own
security and when the buildings were constructed, they
usually went above and beyond the fire codes. He said that
during the planning stages an emergency egress situation
would be studied. He also noted that the types of
industries locating in the park was carefully reviewed using
strict criteria. He said that any company that would have
products that tend to threaten the safety would be very
negative in the City's consideration. Mr. Reynolds said
that the cul-de-sac criteria probably need to be reviewed
because it had been in the ordinance for some time.
Mr. Waldvogel asked for comments from the audience.
Ms. Claire White (2651 Preston Avenue, SW) appeared before
the Commission and stated that she was a member of the
Roanoke Valley Preservation Foundation and the Roanoke
Valley History Museum and was a historian. She commented on
the beauty of the lamd and the fact that the area wa~ t~
only rural historic area left in Roanoke. She said that
there were three structures within the area that were of
particular historic importance - Monterey, built in 1846; a
cabin built by Col. William Fleming's son in about 1807; and
a cemetery containing the remains of the Fleming family.
She also noted there were other historical sites in the
general vicinity of the site in question. Ms. White gave a
brief history of the life of William Fleming. commented that
Andrew Lewis and William Fleming were the only two
significant historical figures from this area and that
nothing was left that belonged to Andrew Lewis. She said
that there were many historical artifacts, as well as the
homes and cemetery of William Fleming left and that this
should be preserved. She challenged the Commission to think
of including the area which contains the historic monuments
in some type of historic green~a¥. She said she felt the
area could be used as a buffer and there could be a "lovely
marriage" between industry and history. Ms. White also
advised that she had a statement from Mr. Tony Whitwell,
Chairman of the City's Architectural Review Board which
urged the Commission to postpone making a recom~endation on
the rezoning until further study had been made of the
historical area.
Mr. Charlie Minter (4611 Oakland Boulevard, NE), President
of the Williamson Road Action Forum, appeared before the
Commission and applauded the City's efforts in industrial
development while requesting the City to proceed with
caution in protecting the historic area. He said that the
Forum felt a historical district should be established
around the William Fleming home and cabin, as well as
Belmont and the other historical sites in the area. He
suggested that perhaps a green area be developed in the
historic district and also suggested that Tinker Creek
should be protected.
Roanoke City Planning Com~ission
Page 14
June 7, 1989
DRAFT
Mr. Mark DiCarlo (2613 Gaylord Street), President of the
Statesman Industrial Park Association, appeared before the
Commission and stated that Statesman Industrial Park
bordered on sites 14 and 15 of the proposed expansion. He
said that within the past two weeks not one registered
objection had been received from anyone associate in the
Park. He said that he had conducted a random survey which
showed total support of the rezoning request. He said that
the association recognized the critical importance of the
City moving forward and encouraged the Commission to approve
the request.
Mr. John Frye, President of Tread Corporation, appeared
before the Commission and stated that his company
manufactured explosives and served clients both within the
United States and in foreign countries. He said that he was
not present as an employee of the industrial park and was
only made aware of this on Monday. He said that his company
fully supported the rezoning application, however, he felt
it was necessary to at least seek some commitment from the
City for expenditures of funds for Statesman Industrial
Park. He said that he felt it was a question of allocation
of resources. Mr. Frye said his feeling was that his
company was not located within a quality industrial park and
he would like to see the issues of drainage, curb and
gutter, and landscaping addressed for Statesman Industrial
Park. He noted that on many occasions he had been
embarrassed when potential clients had come to his facility
and had to wade through water to enter. He said that his
employees had to park in an area with a severe drainage
problem and he was very concerned about the image the park
was exhibiting.
Mr. Frye said that he understood there had been many
discussions between the Park residents and the City in the
past. However, he said if the City was going to allocate
these kind of resources to an industrial park within the
City, he felt something should be done to address the
subject of the conditions under which his company had to
operate.
Mr. Coy Renick, Personnel Manager of Vitramon, appeared
before the Commission and stated that his company was in
favor of the Centre expansion.
Mr. Waldvogel asked if Mr. Reynolds would care to comment on
Mr. Frye's concerns.
Mr. Reynolds asked Mr. Wishneff to respond to Mr. Frye.
Mr. Wishneff advised the Commission that Statesman
Industrial Park was annexed into the City in 1976 from
Roanoke County. He noted that the County did not have the
Roanoke City Planning Commission
Page 15
June 7, 1989
same requirements for industrial parks that the City had and
that the City had been trying to work with Statesman Park in
order to organize the group and discuss the problems they
were experiencing. He said that he understood that a
traffic light at Granby Street was the Association's first
priority and that this had been dealt with. He said that
the turning radius and drainage issues were also priorities
of the Association. He said that the City would be happy to
work with the Association on further priorities and that the
City wanted to be proud of the area also.
Mrs. Sherri Turnbull (2409 Mason Mill Road) appeared before
the Commission and stated that she was concerned about the
excessive amount of traffic, especially trucks, on Mason
Mill Road. She said that there were problems with the noise
level and a safety problem with the trucks speeding up and
down the road to Statesman Park. She said that she would
like the traffic of Statesman Park to be routed through the
Roanoke Centre for Industry and Technology. She also noted
that her property did not directly adjoin the proposed
expansion area, but it was across the street and that a view
of the site could be seen from her front door. She noted
that her property taxes had increased 40% during the past
year and the proposed expansion would only decrease her
property values.
Mrs. Turnbull requested a delay of action on the matter in
order to give the historical society as well as other
neighbors who were out of town an opportunity to voice their
opinion on the request.
Mr. Reynolds appeared before the Commission and stated that
since the meeting with area residents last week, the City's
traffic engineer and economic development staff had been
asked to investigate the through traffic and safety
problems. He said that the City had not been made aware of
this problem until last week.
Mr. Reynolds further stated that all necessary studies had
not been completed in order for the City to know what the
site would look like. He stated, however, that the zoning
ordinance only allowed 60% site coverage and there were
screening and buffering requirements.
With respect to the historic preservation issues, Mr.
Reynolds said that the City of Roanoke was looked at by the
Commonwealth of Virginia as an "enigma" because of the way
the City worked with its residents in the area of historic
preservation. He reminded the Commission of the newly
created Regional Preservation Center in Roanoke which would
be of assistance during the archaeological and historical
analysis of the site which would be done before deuelopm~nt
of the site.
Roanoke City Planning Commission
Page 16
June 7, 1989
At this point, Mrs. Martha Franklin read letters the
Commission had received from the Regional Preservation
Office and the Roanoke Valley Preservation Foundation.
These letters are attached to and made a part of these
minutes.
Mr. Waldvogel asked the timing of the project and if other
public input meetings were scheduled.
Mr. Reynolds stated that most of the studies had to be
completed by the first of August. He said that the City
would continue to work with the residents as well as with
the people of the historical organizations in the Valley.
Mr. Jones asked what the present plans were for the
structures on the site.
Mr. Reynolds said that the study had not been undertaken on
the historical elements. He said the City was aware of the
sites and they would be included in the plan. He said that
when the particular area became the subject of development,
hopefully something would be done that would benefit the
community.
Mrs. Goode asked what input or control the Commission would
have over these historic structures if the rezoning request
were approved. She commented that Tinker Creek needed to be
protected along the historical sites. She said she was
somewhat nervous approving a request before all the facts
were available.
Mr. Reynolds said that the Commission had a better
opportunity to address the elements if the property was in
public ownership. He said that the City would work with the
community to address the issues of concern to the Commission
and they would not be able to do that if the land were in
private ownership.
Mr. Jones asked if a rezoning of the tract was a
prerequisite to the purchase.
Mr. Reynolds responded that it was.
Mr. Buford encouraged the City to take the remarks and Ms.
White and Mrs. Boxley into consideration and study the
greenspace buffer.
There being no further discussion, Mr. Bradshaw moved to
recommend approval of the request and further recommend~
that sites 18, 19 and 20 be excluded from further
development, until the historical opportunities had been
explored by City Council and the relationship with Statesman
Industrial Park be defined.
Roanoke City Planning Commission
Page 17
June 7, 1989
The motion was seconded by Mrs. Goode.
Mr. Bradshaw commented that he felt the City needed to
proceed with acquiring the property for the expansion but
the City needed to go slowly on the lower end of the tract
that was historically significant. Relative to Statesman,
Mr. Bradshaw said that part of the overall impact may be
that part of Statesman Industrial Park should be included as
part of the Roanoke Centre. He said the City needed to look
at Statesman because of its location relative to the Roanoke
Centre. He said to ignore the Park was a mistake from a
utility, drainage, traffic or any other standpoint.
There being no further discussion of the motion, the request
was approved 7-0.
9. Other Discussion
Mr. Waldvogel commented on the workshop the Commission
recently held and on the need for a follow-up session. He
suggested that another session be held on June 28 from 1:00
- 4:00 p.m. and asked the secretary to poll members about
this time and date.
Mr. Sowers asked the timing on the response from Mr. Talevi
on the administrative alley closing procedure. Mr.
Waldvogel advised that he would try to have a response by
the next meeting.
There being no further discussion, the meeting was adjourned
at 4:05 p.m.
June 7, 1989
'COMM,OX%,'EALTI-I of V '
Department of Conservation and Historic Resources
Di~'i~ion of Historic Landmarks
H Bryan Mitchell, Director
A.III.
Mr. Michael M. Waldvogel, Chairman
Roanoke City Planning Commission
Municipal Building - Room 355
215 Church Avenue, SW
Roanoke, VA 24011
RE:
Proposed City of Roanoke purchase and rezoning of the 142-acre Douthat property
located in the northwest quadrant of the City to expand the City's Centre for
Industry and Technology
Dear Chairman Waldvogel:
Because I am unable to attend the June 7, 1989, Roanoke City Planning Commission
public hearing, I respectfully request that this letter be read into the record of
that hearing on the above referenced proposal to expand the City's existing Centre
for Industry and Technology.
While respecting the City's desire to encourage new industrial development on an
appropriate site, the Roanoke Regional Preservation Office of the Virginia Division
of Ristoric Landmarks strongly recommends that all reasonable care be taken to minimize
the adverse effects which this industrial site expansion will have upon some of the
City's most culturally significant residences and cultural landscapes.
Within the area proposed for rezoning, the Division recommends comprehensive architectural
recordation and archeological testing for the "Johnston Cabin," also known as the
William Fleming, Jr. cabin, and its immediate environs. The Division also recommends
comprehensive archeological testing of the Oliver Cemetery; this will be necessary
because state law requires the reburial of human remains which are threatened by
permitted development.
ROANOKE RF, GIONAL PRKSKRVATION OFFICE
1030 Penmar Avenue, SE
Roanoke, VA 24013
Mr. Michael M. Waldvogel, Chairman
June 7, 1989
Page 2
The Division of Historic Landmarks is particularly concerned that planning for expan-
sion of the Centre for Industry and Technology be conducted to minimize adverse effects
that the proposed industrial expansion will have upon Monterey, an adjoining property
which is listed in the Virginia Landmarks Register and in the National Register of
Historic Places. The National Register nomination of Monterey, prepared in 1974,
describes the rural residence as a "distinctive example of southern Greek Revival
architecture, built in the 1840s and preserved in its original pictorial setting."
The nomination of the house and its ll7-acre parcel of land concludes: "Today, Monterey
survives as one of the few ante-bellum plantation houses in the heavily urbanized
Roanoke County to retain a rural setting. The house is scenically located on a knoll
above Tinker Creek with beautiful views of the mountains surrounding the Roanoke
Valley."
It is essential that the City of Roanoke plan for the proposed industrial development
so that the expanded Centre for Industry and Technology will have the least possible
negative effect upon Monterey's wonderfully historic viewsheds.
To preserve the visual integrity of setting for Monterey and the important cultural
features to the immediate west which include Bellmont, built by Col. William Fleming
in the 176Os and the Tinker Creek crossing of the Great Road, the Division of Historic
Landmarks suggests plans for the following:
Establishment of a dedicated open space along the western edge of the
Douthat property to serve as a permanent visual and physical buffer
between the expanded industrial park and the cultural landscape of
Monterey, Tinker Creek, and Bellmont.
Planting of landscaping materials in th~ dedicated open space as soon
as practicable to increase the visual buffer between the industrial
park and the cultural landscape to the west.
Cultural landscape design of the expanded industrial park site plan,
both in terms of topography and plantings, to minimize visual intru-
sion upon the historic viewshed to the west.
Mr. Michael M. Waldvogel, Chairman
June 7, 1989
Page 3
Phased occupation of the prepared sites to postpone the most potentially
disruptive intrusions until buffer plantings have had time to grow
sufficiently to screen the new industrial buildings from viewsheds
to the west.
Thank you for the opportunity to present these comments. The Roanoke Regional Preser-
vation Office of the Virginia Division of Historic Landmarks offers to provide the City
of Roanoke with all possible assistance in planning for the expansion of the Centre
for Industry and Technology so that the new industrial park will have the least
possible negative effect upon some of the City's most culturally significant residences
and landscapes.
Sincerely,
rn, Ph.D.
Director, Roanoke Regional Preservation Office
ROANOKe. V~% l.L~.y PRESERVATION FOUNDATION
P. O. BOX 1558
ROANOKE, VIRGINIA 24007
A.IV.
2 June 1989
Mr. Mike Waldvogel
Chairmen, City of Roanoke
Planning Coamiealon
215 Church Avenue, SW
Roanoke, Virginlm 24011
Deer Mr. Weldvogel and Planning Coeeiaaion Meabere,
On behalf of the Roanoke Valley Preservation Foundation, I would
Mr. Douthet end him neighbors. This area hms perhaps the moat
significant collection of historic, n~urel and cultural
reaourcee eurvivtng today in the City of Roanoke. The 18th and
lgth century etructuree end .ltle include the late 18th c. house
of Colonel William Fleeing known al Bell Mont= the nearby
graveeltee of Col. Fleming' ~nd him wl£e; the 184~ National
Regieter property Monterey; the nearby lath c. Oliver family
cemetery; the Johneton log house built before 1807 and thought to
have been the home of Col. Fleelng'a son Billy= end the historic
landecepe including the Greet Wagon Road, the Tinker Creek ford
and various archaeologic&l aitee. Not only le this landscape
extremely important hietoricelly, it le elao very beautiful.
The preeervetion of the integrity of thie area le of great
importance to the Roanoke V&lley. There la wonderful opportunit7
here to plan an lnduetriel complex with an open mpece/greenwmy
conservation area. Such a coneervation &rem could tie into the
design&ted park lend mouth of Tinker Creek end the Maaon'e Mill
park, while earring to protect such of the hietoric fabric. The
dramatic natural topography of the land eey bm ueed to enhance
the industrial complex and to protect the hietoric reeourcea.
Am plans for the induetrlel park expeneion continue, we urge the
City of Roanoke to involve the preee=vatlon community in the
planning etegea of a project whoee deeign will either work
coepetik~y with the exieting landecape featuree or lrrevereibly
deatroy~eto~ic cha~&cter of thie moat elgniflcant area.
Martha B. Boxlel,
President
ClT
ROA
LOCATIO
Office of %e C~' Cier~
July 3o 1989
File #$1
Mr. Earl ~. Reynolds Mr. Alton ~. Prillaman
Assistant City Manager Attorney
Roanoke, Virginia P.O. Box 720
Roanoke, Virginia 24004
Gentlemen:
Pursuant to "W corrgnunication under date of June 22, 1989, I am
enclosing copy of an Ordinance, which was prepared by the City
Attorney's Office, in connection with the request of the City of
Roanoke, Mr. Anderson Wade Douthat and Mrs. Frances ~. Douthat~
that property located in the northeast quadrant of the City, con-
taining a combined total of 142 acres, more or less~ designated
as Official Tax No. 7170506 and 7170508, currently zoned RS-3,
Residential Single Family District~ and Official Tax No.
7220101, 7220103, 7230101, 7230201, and 7230301, currently zoned
RA, Residential Agricultural District, be rezoned to LM, Light
Manufacturing District, subject to certain conditions proffered
by the petitioners. The above described Ordinance will be con-
sidered by the Council at a regular meeting to be held on Monday,
July i0, 1989, in the City Council Chamber, fourth floor of the
Municipal Building.
Please review the Ordinance and if you have questions, you may
contact ~r. Steven J. Talevi, Assistant City Attorney, at
941-2431.
MFP:ra
PUBLIC17A
Enc o
.~4ary F. Parker, CMC
City Clerk
Room 4~6 M~nicJf:~l Buildincj 215 C~urch Avenue SW [~:~noke ~rg~nJa 2401t (703) 981-2541
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 7, 1989, at 1:30 p.m., or as soon
thereafter as the matter may be heard, in the City Council
Chamber, fourth floor, Municipal Building, in order to consider
the following:
Request from the City of Roanoke, Anderson Wade Douthat and
Frances B. Douthat, represented by Earl B. Reynolds, Jr.,
Assistant City Manager, and Alton B. Brillaman, Attorney,
that property located in the northeast quadrant of the City,
containing a combined total of 142 acres, more or less, and
designated as official tax nos. 7170506, 7170508, currently
zoned RS-3, Residential Single-family District, and official
tax nos. 7220101, 7220103, 7230101, 7230201 and 7230301,
currently zoned RA, Residential Agrigultural District, be
rezoned LM, Light Manufacturing District, such rezoning to
be subject to certain conditions proffered by the
petitioner.
A copy 6f said application is available for review in the
Office of Co~unity Planning, Room 355, Municipal Building.
All parties in interest and citizens may appear on the above
date and be heard on the matter.
John R. Marlles, Agent/Secretary
Roanoke City Planning Commission
Please run in the evening edition on May 24, 1989.
Please run in the morning edition on May 30, 1989.
Please bill and affidavit of publication to:
Office of Community Planning
Room 355, Muncipal Building
Roanoke, VA 24011
C"~ice of the CiW C~erk
.Iune 22, 1989
Mr. Earl B. Reynolds
Assistant City Manager
Roanoke, Virginia
Mr. Alton 8. Prillaman
Attorney
P. 0. ~ox 720
Roanoke~ Virginia 24004
Gentlemen:
[ am enclosing copy of a report of the City Planning Commission
recorr~nending that the Council of the City of Roanoke grant the
request of the City of Roanoke, Mr. Anderson Wade Douthat and
Mrs. Frances B. Douthat, that property located in the northeast
quadrant of the City, containing a combined total of 142 acres,
more or less, designated as Official Tax No. 7170506 and 7170508,
currently zoned RS-3, Residential Single Family District, and
Official Tax No. 7220101~ 7220103, 7230101, 7230201~ and
7230301~ currently zoned RAt Residential Agricultural District~
be rezoned to LM~ Light Manufacturing District, subject to cer-
tain conditions proffered by the petitioners.
Pursuant to Resolution No. 25523 adopted by the Council of the
City of Roanoke at a regular meeting held on Monday, April 6~
1981, a public hearing on the abovedescribed request has been set
for Monday, July 10, 1989~ at 7:30 p.m.~ in the City Council
Chamber~ fourth floor of the Municipal Building~ 215 Church
Avenue~ S. W.
For your inform~tion~ I am also enclosing copy of a notice of the
public hearing. The Ordinance will be prepared by Mr. Steven J.
Talevi~ Assistant City Attorney~ and will be forwarded to you
under separate cover at a later date. Questions with regard to
the City Planning Commission report should be directed to Mr.
John R. Marlles, Chief of Co,v~lunity Planning, at 981-2344.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:ra
PUBLIC17
Enc.
Room 456 Municipal Buildincj 215 Church Avenue, SW Roanoke ~rg~nia 2401 t (703) 98t-2541
Mr. Earl B. Reynolds, Jr.
Mr. Alton B. Prillaman
June 22~ 1~$9
Page 2
Mr. A. Wade Douthat and Mr. James F. Douthat, P. 0. Box 720
Roanoke, Virginia 24004
Mr. & Mrs. ftarold To Shepherd, 2524 Manning Road~ N.
Roanoke, Virginia 24012
Mr. & Mrs. Donald Diblasio, 972 First Avenue~ Raritan~ New
Jersey 08869
Mr. E. M. Freeman, c/o Mr. Pedro Freeman, 2502 Liberty Road,
N. W., Apt. 12, Roanoke, Virginia 24012
Mr. Clement A. Smith, Star Route Box 13, Raven~ Virginia
24639
Mr. Virgil E. Boyd, Route i~ Box 250-A, Bluefield~ West
Virginia 24065
Mr. Samir Hussamy, 1009 White Pine Drive, Lynchburg,
Virginia 24501
Mr. & Mrs. Eldred C. Clement, 2215 Mason Mill Road, N.
Roanoke~ Virginia 24012
Mr. Boyd B. Manspile~ 2219 Mason Mill Road, N. E.~ Roanoke~
Virginia 24012
Mr. & Mrs. James lt. Muse~ 2303 Mason Mill Road, N.
Roanoke, Virginia 24012
Mr. & Mrs. Robert D. Arthur~ 2300 Mason Mill Road, N. E.~
Roanoke, Virginia 24012
Mr. & Mrs. Ernest S. Callahan, Route 1, Box 445, Fincastle,
Virginia 24090
Mr. & Mrs. Curtis E. Shilling, 2401 Mason Mill Road~ N. E.
Roanoke, Virginia 24012
Mr. & Mrs. John D. Ferris, 522 Murrell Road, N. E., Roanoke~
Virginia 24012
Ms. Norris G. Miller~ 5316 Woodbury Street, N. W., Roanoke~
Virginia 24012
Mr. Thecla C. Frantz~ Star Route i~ Box 19~ New Castle~
Virginia 24127
Moore's Quality Snack Foods, P. O. Box 1909, Bristol,
Virginia 24203
Welsch Properties~ c/o Lunsford Realty~ P. 0. Box 8205,
Roanoke, Virginia 24014
Chocklett-Davis Rental, 2922 Nicholas Avenue, N.
Roanoke~ Virginia 24012
Blue Hills Golf Corporation~ P. 0. Box 5242~ Roanoke,
Virginia 24012
Mr. & Mrs. Edwin M. Wilson~ Tinker Creek Lane, N.
Roanoke, Virginia 24019
~r. D. S..Combs~ Box 7, Sassafras~ Kentucky 41759
Vitramon~ Inc., c/o Mr. Walter Goodkoop, Box 554,
Bridgeport~ Connecticut 06611
Sunlink Corporation~ c/o Bellsouth Tax Department, Room
16E02, 1155 Peachtree Street, Atlanta, Georgia 30367
Mr. George A. Woolridge, Route 1, Bo~ 870~ Vinton, Virginia
24179
Mr. Earl B. Reynolds
Mr. Alton B. Prillaman
June 22, 1989
Page 3
pc:
R ~ R Properties, 2774 Nicholas Avenue, N. E., Roanoke,
Virginia 24012
Mr. Itoward T. Pack, 5260 Crossbow Circle, S. W., Unit 12A,
Roanoke, Virginia 24014
Mr. P. D. Brooks, Jr., P. Oo Box 9196, Richmond, Virginia
23227
Mr. & Mrs. C. E. Estes, Ms. Martha Estes, c/o Great Coastal
Express, 5600 Midlothian Pike, Richmond, Virginia 23225
Ms. Shirley N. Rehfield, 2119 Brookfield Drive, S. W.
Roanoke, Virginia 24018
Mr. & Mrs. Paul D. Leffel, 2548 Manning Road,
Roanoke, Virginia 24012
Ms. Louise F. Kegley, 301 Tinker Creek Lane, N. E., Roanoke~
Virginia 24019
Mr. R. E. Conner, 2920 Mason Mill Road~ N. E., Roanoke,
Virginia 24012
~ro & Mrs. Michael Turnbull, 2409 Mason Mill Road~ N.
Roanoke~ Virginia 24012
Ms. Claire White, 2651 Creston Avenue, S. W., Roanoke,
Virginia 24015
Mr. Charlie Minter~ President, Williamson Road Action Forum,
4611 Oakland Boulevard~ N. E., Roanoke~ Virginia 24012
Mr. Mark DiCarlo~ President, Statesman Industrial Park
Association, 2613 Gaylord Street, S. W.~ Roanoke~ Virginia
24012
Mr. John Frye, President, Tread Corporation, 1764 Granby
Street, N. E.~ Roanoke, Virginia 24012
Mr. Coy Renick~ Personnel Manager, Vitramon, Inc.~ P. 0. Box
11786~ Roanoke, Virginia 24022
Mr. Wayne G. Strickland, Executive Director, Fifth Planning
District Commission~ P. 0. Box 2569~ Roanoke, Virginia 24010
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Mr.
Administrator
Mr. Joh~ R.
Commission
Ms. Doris Layne,
W. Robert Herbert~ City Manager
Wilburn C. Dibling, Jr., City Attorney
Steven J. Talevi, Assistant City Attorney
Von W. Moody, III, Director of Real Estate Valuation
Michael M. Waldvogel, Chairman, City Planning Correnission
L. Elwood Norris, Chairman, Board of Zoning Appeals
William F. Clark, Director of Public Works
Kit B. Kiser~ Director of Utilities and Operations
Charles M. Huffine~ City Engineer
Ronald H. Miller~ Building Correnissioner and Zoning
Marlles, Agent/Secretary, City Planning
Office of Real Estate Valuation
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, July
10, 1989, at 7:30 p.m., in the Council Chamber in the Municipal
Building, 215 Church Avenue, S. W., in the said city, on the
question of rezoning from RS-3, Residential Single Family
Light
District, and RA, Residential Agricultural District, to LM,
Manufacturing District, the following property:
A tract of land lying in the northeast quadrant of
the City, containing a combined total of 142 acres,
more or less, and designated as Official Tax Nos.
7170506, 7170508, currently zoned RS-3, Residential
Single Family, and Official Tax Nos. 7220101, 7220103,
7230101, 7230201 and 7230301, currently zoned RA,
Residential Agricultural.
This rezoning is to be subject to certain conditions prof-
fered by the petitioner. 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 and citizens may
appear on the above date and be heard on the question.
GIVEN under my hand this 21st day of June , 1989.
Mary F. Parker,
Please publish in full twice, once on Friday,
June 23, 1989, and once on Friday, June 30,
1989, in the Roanoke Times & World News,
Morning Edition.
Please send publisher's affidavit and bill
Ms. Mary F, Parker, City Clerk
Room 456, Municipal Building
Roanoke, Virginia 24011
City Clerk
ROANOKE VALLEY PRESERVATION FOUNDATION
P. O. BOX 1558
ROANOKE, VIRGINIA 24007
22 July 1989
The Honorable Noel C. Taylor, Mayor
and Members o£ Roanoke City Council
Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Re: Douthat Property Rezoning
Dear Mayor Taylor and Members o£ City Council,
Mr. Douthat's property lies in an area that may be regarded as
having the most significant collection o£ historic, natural and
cultural resources surviving today in the City o£ Roanoke. Not
only ia this landscape extremely important historically, it ia
also very beauti£ul. The preservation o£ the integrity o£ this
landscape ia o£ greet importance to the Roanoke Valley. I would
like to brie£1y overview the resources £ound on this landscape.
One o£ the oldest and most important resources in the Roanoke
Valley is the Great Wagon Road. This colonial highway was also
known as the Carolina Road or the Great Road. It began in
Philadelphia, £ollowed a path through Maryland, then down the
Valley o£ Virginia (generally along what is today Route 11)
entered Roanoke County near Cloverdale, £ollowed what ia today
Old Mountain Road at the £oot o£ Read Mountain, crossed Tinker
Creek then the Roanoke River and ran over the mountains into
Franklin County, continuing south into North Carolina and later,
South Carolina and Georgia. This roadway ia o£ great historical
importance. Thousands o£ settlers £ollowed this route south in
the 18th c. and well into the 19th c., especially Pennsylvania
Germans and Scotch-Irish. Many o£ the inhabitants o£ the Roanoke
Valley are descendants o£ settlers that came to the area by the
Great Wagon Road. The Moravians (Old Salem in Winston-Salem)
were early travelers along the Great Wagon Road. Their 1753 trip
from Bethlehem, PA to Wachovta in N.C. is documented in their
travel diary. Please £ind a copy o£ the 1753 diary enclosed, the
section relating to the Roanoke Valley is highlighted,, pp 344-
346. You can see £rom this journal that there was activity here
in the
The Great Wagon Road ia visible aa a cut or ditch, and in many
cases is the site o£ a present day road, Old Mountain Road £or
instance. The Wagon Road crossed Tinker Creek at the £ord near
Colonel William Fleming's house, Bell Mont. This house dates
£rom the 1760s and is occupied as a dwelling today. Related to
this house is the nearby Fleming gravesite, presently under the
care o£ the Sons o£ the American Revolution and the Daughters o£
the American Revolution. The Johnston Cabin is a nearby log
structure that was built by Fleming'a son be£ore 1807. It is
The Honorable Noel C. Taylor, Mayor
and Members o£ Roanoke City Council
22 July 1989
Page Two
used aa s dwelling as well. Colonel Fleming is one o£ the
Roanoke Vslley's moat important historical £igures. We will soon
know much more about this man when Mrs. Clare White's biography
o£ Fleming ia published.
Not £sr down Tinker Creek ia the site o£ Maaon's Mill, built ca.
1800 and used sa s roller and saw mill. The mill served nearby
residents. The mill burned in 1924; however, the dam, race and
an overshot wheel very clearly describe an age old industry. The
city o£ Roanoke preserves this bit o£ history with a £ine park
that is enjoyed by many.
Colonel Fleming owned much o£ the land in and around Mr.
Douthat's property. Col. Fleming'a land was sold to Charles
Oliver ca. 1823. His son Yelverton built the house, Monterey, in
1845. The house is s £ine Greek Revival style house re£1ecting a
Gul£ States in£1uence. Yelverton was involved with horace racing
and traveled quite o£ten to New Orleans. He built his house in a
£orm more common to the Deep South. A£ter his death, the
property passed to the Read £amily, who also owned Bell Mont.
Monterey is listed on the Virginia and National Registers. The
National Register nomination notes that Monterey is maintained aa
a home "in its original pictorial setting." On a nearby hill ia
the Oliver £amily cemetery.
The many resources in the Douthat property vicinity are well
connected, both physically and historically. That these
properties are signl£1cant is indisputable. They remain sa the
City o£ Roanoka'a most direct surviving link to the 18th and 19th
centuries because o£ their integrity and unspoiled nature. We
trust that the City o£ Roanoke, in its sensitivity to
preservation, will care £or these resources aa the industrial
park expands and will include the preservation community in
design issues that are certain to have lasting e££ect on the
resources.
Sincerely,
cc: Mr. W. Robert Herbert
Enclosure
,?
July 10, 1989
COMMONWEALTH of VIRGINIA
Department of Historic Resources
221 Governor Street
Richmond, Virginia 23219
Telephone (804) 786-3143
TDD: 804-788-4276
The Honorable Noel C. Taylor
Mayor of the City of Roanoke
and
Members of the Roanoke City Council
Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
RE:
Public Hearing F
Proposed City of Roanoke purchase and rezoning of the 142-acre Douthat
property located in the northwest quadrant of the City to expand the City's
Centre for Industry and Technology
Dear Mayor Taylor and Members of the Roanoke City Council:
In addition to speaking to you on Public Hearing F, I respectfully request
that this letter be entered into the record for the above referenced proposed
expansion of the City's Centre for Industry and Technology.
The Roanoke Regional Preservation Office of the Virginia Department of Historic
Resources prepared a letter for the June 7, 1989, City Planning Commission
public hearing on the proposed rezoning. That letter respected the City's
desire to encourage new industrial development, but recommended that all reason-
able care be taken to minimize the potential for adverse effects which the
industrial park expansion might have upon some of the City's most culturally
significant historic structures, sites, and cultural landscapes. The letter
recommended comprehensive archeological testing of known sites on the Douthat
property, the Johnston or William Fleming, Jr. Cabin, and the Oliver Cemetery.
The letter expressed particular concern that planning for expansion of the
industrial park be conducted to minimize its adverse effects upon Monterey,
an adjoining property listed in the Virginia Landmarks Register and the National
Register of Historic Places, and therein noted as "one of the few ante-bellum
plantation houses in the heavily urbanized Roanoke County to retain a rural
setting. The house is scenically located on a knoll above Tinker Creek with
beautiful views of the mountains surrounding the Roanoke Valley."
The letter further noted the need to plan for the proposed industrial development
to minimize its visual intrusion upon the integrity of setting for Monterey
and upon other significant cultural features located immediately to the west,
ROANOKE R~GIONAL PRESERVATION OFFICE
1030 Penmar Avenue, SE
Roanoke, VA 24013
703 857-7585
The Honorable Noel C. Taylor
and
Members of the Roanoke City Council
July 10, 1989
Page 2
within one-half mile of the Douthat property. Those features include Bellmont,
built by Col. William Fleming in the 1760s, the Col. Fleming Cemetery, and
the Tinker Creek crossing of the Great Wagon Road.
The letter concluded with specific recommendations which are reformulated at
the conclusion of this presentation and with an offer from the Roanoke Regional
Preservation Office to provide the City with all possible preservation planning
assistance for project design.
After the Planning Commission hearing, the City and their consulting project
engineers Mattern and Craig held a meeting on June 19, 1989, with staff from
our office and other individuals concerned with conservation of the historic
structures and cultural landscapes mentioned above. Discussion at that meeting
centered on some means of linking the cultural properties to the west - Bellmont,
the Fleming Cemetery, the Great Wagon Road crossing of Tinker Creek, and Monterey -
with the Fleming Cabin on the Douthat Property. This might be done by walkways,
dedication of open space, and park design to join present City-owned property
bordering on the proposed project area in the flood plain of Tinker Creek.
Discussion also focused on review of the initial Mattern and Craig Concept
Plan for the RCIT Addition and on the first alternative site plan prepared
by the Roanoke Regional Preservation Office.
Our office prepared two additional site plan alternatives which we discussed
with Mattern and Craig staff on June 27, 1989. By that time we had inspected
the cultural landscape viewsheds between Monterey and the Douthat property
with Virginia Tech professor of Landscape Architecture William Shepherd. We
have since obtained an offer from Tech's Landscape Architecture Chairman Patrick
Miller for at-cost use of their new video simulation technology for computer-
assisted analysis of the viewsheds which would be altered by different develop-
ment plans for expansion of the industrial center.
Based on this input, the Department of Historic Resources makes the following
recommendations:
Integration of cultural landscape design into preparation of the
master site plan so that existing topography and plantings are pre-
served to maximize effective use of the expanded center for industry
while minimizing its adverse visual intrusion upon the historic
vistas of Monterey, Tinker Creek, and Bellmont.
Planting of landscaping materials along City-retained rights of way
as soon as practicable to increase the visual buffer between the
industrial center and viewsheds to the west.
3o
Phased occupation of prepared sites to postpone the most potentially
disruptive intrusion until buffer plantings have had time to grow
sufficiently to screen the new industrial buildings and access
roads from viewsheds to the west.
The Honorable Noel C. Taylor
and
Members of the Roanoke City Council
July 10, 1989
Page 3
Proffered dedication of open space along the western slopes of the
Douthat property and around the knoll of the Oliver Cemetery to
preserve the cemetery and the Fleming Cabin and to retain extant
natural land forms as permanent physical and visual buffers between
the expanded industrial park and historic landscapes to the west.
Creative plans for employee recreational and service use of the
dedicated open space proffered to purchasers of the industrial
sites. Mattern and Craig have discussed use of the Fleming Cabin
for day care. Picnic areas and walking and jogging trails to
Tinker Creek are other possibilities for recreational development.
Positive marketing of the new industrial sites, based on the
unique employee amenities which will result from planned recrea-
tional and service use of the dedicated open space and based on
the new industrial center's state of the art design which will have
sited it in compatible proximity to one of Roanoke's most scenic
and historically significant cultural landscapes.
Obviously more design work needs to be completed before these recommendations
can be implemented. The intial Mattern and Craig Concept Plan for the RCIT
Addition will require substantial modification before the objectives outlined
above can be realized. A new master site plan needs to be prepared. Infrastruc-
ture construction needs to follow with minimum topographical alteration to
western slopes of the Douthat property. Individual sites need to be linked
with appropriate proffers of dedicated open space. Then the City can proceed
with aggressive marketing of industrial sites that offer unique recreational
and cultural benefits.
The Department of Historic Resources recommends that the City of Roanoke postpone
action on rezoning of the Douthat property until the Mayor and City Council
have an opportunity to review a completed master site plan and proposed proffers
for dedicated open space. The Roanoke Regional Preservation Office again offers
to provide the City with all possible preservation planning assistance for
design of the expanded Centre for Industry and Technology so that the City
can accept the challenge of developing indu~strial sites which will benefit
from their compatible proximity to some of the City's most culturally significant
structures and landscapes.
Thank you for the opportunity to present these comments.
Sincerely,
ern, Ph.D.
Director, Roanoke Regional Preservation Office
ROANOKE TIMES & wORLD-NEWS
~"~ NUMBER - 02119~6
PUBLISHER'S FEE - $98.82
CITY OF ROANOKE
C/O MARY F PARKEE
CITY CLmRKS OFFICE
ROOM 456 MUNICIPAL 8LDG
ROANOKE VA 2401I
CI! Y
STATE OF VIRGINIA
CiTY OF ROANOKE
AFFIDAVIT OF
PUBLICATION
1, (THE UNDERSIGNED! AN AUTHORIZED
REPRESENTATIVE OF THE TIMES-WORLD COR-
PORATION, WHICH CORPORATION IS PUBLISHER
OF THE ROANOKE TIMES & WORLD-NEWS, A
DAILY NEWSPAPER PUBLISHED IN ROANOKE, IN
THE STATE OF VIRGINIA, DO CERTIFY THAT
THE ANNEXED NOTICE WAS PUBLISHED IN SAID
NEWSPAPERS ON THE FOLLOWING DATES
06/23/89 MORNING
06/30/89 MORNING
WITNESSt T~T DAY OF JULY 1989
Office of the City Cle~
May 22, 1989
Mr. Michael M. Waldvogel
Chairman
City Planning Corr~nission
Roanoke, Virginia
Dear Mr. Waldvogel:
Pursuant to Section 36.1-690(e) of the Code of the City of
Roanoke (1979), as amended, I am enclosing copy of a petition
from the City of Roanoke, M,. Anderson Wade Douthat and Mrs.
Frances B. Douthat, represented by Mr. Earl B. Reynolds,
Assistant City Manager and Mr. Alton B. Prillaman, Attorney,
requesting that a tract of land consisting of seven parcels
bearing Official Tax Nos. 7170506, 7170508 (currently zoned RS-3,
Residential Single Family District), 7220101~ 7220103, 7230101,
7230201 and 7230301 (currently zoned RA, Residential Agricultural
District), be rezoned to LM, Light Manufacturing District, such
rezoning to be subject to certain conditions proffered by the
petitioners.
Sincere ly, /~
M, ry F. Parker, CMC
City Clerk
MFP:ra
REZONE17
pc: Mr. Earl B. Reynolds, Jr., Assistant City Manager
Mr. Alton B. Prillaman, Attorney, P. O. Box 720,
Virginia 24004
Mr. John R. Marlles~ Agent/Secretary~ City Planning
Commission
Mr. Ronald H. Miller, Zoning Administrator
Mr. Steven J. Talevi, Assistant City Attorney
Roanoke,
Room 456 Municipc~l Building 215 Church Avenue. S.W Roanoke. V~rg~nia 24011 (703) 981-254~
TO THE CITY CLERK OF THE CITY OF ROANOKE,
PERTAINING TO THE REZONING OF:
VIRGINIA
Request from the City of Roanoke, Anderson Wade Douthat
and Frances B. Douthat, represented by Earl B. Reynolds,
Jr., Assistant City Manager, that property located in
the northeast quadrant of the City, tax nos. 7170506,
7170508, 7220101, 7220103, 7230101, 7230201 and 7230301
currently zoned RA and RS-3, be rezoned to LM.
AFFIDAVIT
COMMONWEALTH OF VIRGINIA )
)
CITY OF ROANOKE )
TO-WIT:
The affiant, Martha Pace Franklin, first being duly sworn, states
that she is secretary to the Secretary of the City of Roanoke Planning
Commission, and as such is competent to make this affidavit of her own
personal knowledge. Affidavit states that, pursuant to the provisions
of 915.1-341) Code of Virginia (1950), as amended, on behalf of the
Planning Commission of the City of Roanoke she has sent by first-class
mail on the 26th day of May, 1989, notices of a public hearing to be
held on the 7th day of June, 1989, on the rezoning captioned above to
the owner or agent of the parcels listed below at their last known
address:
PARCEL
OWNER~ AGENT OR OCCUPANT
ADDRESS
7170316 A. Wade Douthat P.O. Box 720
7170317 James F. Douthat Roanoke, VA 24004
7180301
7170318 Harold T. Shepherd
Evelyn F. Shepherd
2524 Manning Road, NE
7170319 Donald Diblasio 972 First Avenue
7170320 Eileen Diblasio Raritan, NJ 08869
7170321 E.M. Freeman 2502 Liberty Road, NW
c/o Pedro Freeman Apt. 12
Roanoke, VA 24012
7170322 Clement A. Smith Star Route Box 13
Raven, VA 24639
7170323 Virgil E. Boyd Route 1, Box 250-A
Bluefield, VA 24065
7170325 Samir Hussamy 1008 White Pine Drive
Lynchburg, VA 24501
7170325 Eldred C. Clement 2215 Mason Mill Road//
Leona Clement Roanoke, VA 24012
7170326 Boyd B. Manspile 2219 Mason Mill Road,~
Roanoke, VA 24012
7170101 James H. Muse 2303 Mason Mill Road~
Vickie L. Muse Roanoke, VA 24012
7170501
7170502
7170503
7170504
7170505
7170509
7170507
7190601
7190602
7190603
7190604
3240309
7270101
7220102
3240402
7240102
7240104
7180305
7180306
7180307
7180308
7180309
7180220
7180221X
7180211X
7170107
7170108
7250101
Robert D. Arthur
Joy J. Arthur
Earnest S. Callahan
Frances H. Callahan
Curtis E. Shilling
Martha J. Shilling
John D. Ferris
Opal D. Ferris
Norris G. Miller
Thecla S. Frantz
Moore's Quality Snack Foods
Welsch Properties
c/o Lunsford Realty
Chocklett-Davis Rental
City of Roanoke
Blue Hills Golf Corp.
Edwin M. Wilson
June M. Wilson
D. S. Combs
Vitramon, Inc.
c/o Walter Goodkoop
Sunlink Corporation
c/o Bellsouth Tax Dept. Rm.16E02
George A. Woolridge
R B R Properties
Howard Thomas Pack
P. D. Brooks, Jr.
Co E. & Dorothy T. Estes
Martha Lee Estes
c/o Great Coastal Express
Shirley N. Rehfield
Paul D. Leffel
JoAnne T. Leffel
Louise F. Kegley
2300 Mason Mill Road
Roanoke, VA 24012
Route 1, Box 445
Fincastle, VA 24090
2401 Mason Mill Road
Roanoke, VA 24012
522 Murrell Road, NE
Roanoke, VA 24012
5316 Woodbury Street~.~!~.'
Roanoke, VA 24012
Star Route 1,Box 19
New Castle, VA 24127
P. O. Box 1909
Bristol, VA 24203
P. O. Box 8205
Roanoke, VA 24014
2922 Nicholas Avenue.~ .
Roanoke, VA 24012
P. O. Box 5242
Roanoke, VA 24012
Tinker Creek Lane, NE
Roanoke, VA 24019
Box 7
Sassafras, KY 41759
Box 544
Bridgeport, CT 06611
1155 Peachtree Street
Atlanta, GA 303676000
Route 1, Box 870
Vinton, VA 24179
2774 Nicholas Avenue
Roanoke, VA 24012
5260 Crossbow Cir. SW
Unit 12A
Roanoke, VA 24014
P. O. Box 9196
Richmond, VA 23227
5600 Midlothian Pike
Richmond, VA 23225
2119 Brookfield Drive}~
Roanoke, VA 24018
2548 Manning Road, NE
Roanoke, VA 24012
301 Tinker Creek Lane
Roanoke, VA 24019
7230302
R. E. Conner 2920 Mason Mill Road
~ Rganoke, VA 24012
Martha Pace Franklin
SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of
Roanoke, Virginia, this 26th day of May, 1989.
My Commission Expires:
Notary Public
August 1, 1959
File #$$-166
Mr. W. Robert Herbert
City Manager
Roanoke, Vi,ginia
Dear Mr. Herbert:
[ am attaching copy of Ordinance No. 29664 authorizing the proper
City officials to enter into a lease agreement between the City
and the Greater Roanoke Transit Company for use of City-owned
property located at 12th Street and Campbell Avenue, S. E., for
the Company's operations, maintenance and administrative facili-
ties, at a monthly rental of $I00.00 per month~ upon certai~
terms and conditions. Ordinance No. 29664 was adopted by the
Council of the City of Roanoke on first reading on Monday, July
10, 1989, also adopted by the Council on second reading on
Monday, July 24, 1989, and wilt take
the date of its second reading.
Sincerely,
Mary F. Parker,
City Clerk
effect ten days
CMC
following
MFP:sw
Enc.
pc:
Mr. Joel M. Schtange,, Director of Finance
Ms. Deborah J. Moses, Chief of Billings and Collections
Mr. Kit B. Kiser~ Director of Utilities and Operations
M,. Stephen A. Mancuso, General Manager, Greater Roanoke
Transit Company
Roocn456 Mun~i~lB,Jildlnc2 215~urchA~.S.W. Roan~.V~rglnia24011 (703)'98'~-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29664.
VIRGINIA,
AN ORDINANCE authorizing the proper City officials to enter
into a lease agreement between the City and the Greater Roanoke
Transit Company for use of City-owned property at 12th Street and
Campbell Avenue, S.E., for the Company's operations, maintenance
and administrative facilities, upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by
the City Attorney, the appropriate lease agreement with the Greater
Roanoke Transit Company for the Company's operations, mainzenance
and administrative facilities located at 12th Street and Campbell
Avenue, S.E., on a month-to-month basis with provision for a 60 day
notice of termination by either party at a monthly rental of
$100.00 per month, and upon such other terms and conditions as are
deemed appropriate and as more particularly set forth in the report
to this Council dated July 10, 1989.
ATTEST:
City Clerk.
Roanoke, Virginia
July 10, 1989
Honorable Mayor and Members of City C~ci~ .... ~ : r
Roanoke, Virginia
Subject:
Lease Agreement Between Greater
Roanoke Transit Company (GRTC) and
City of Roanoke (Old Operations Facility)
Dear Members of Council:
I. Back~round:
A. Lease Term of most recent lease expired March 22, 1989.
B. New Facility still under construction requires continued use of Old
Facility until March 1990.
II.
Current Situation:
A. GRTC Board of Directors has authorized a renewal of the lease of the
Old Facility, on a month to month basis, with sixty (60) days notice
of termination by either party.
III. Issues:
A. Need
B. Fundin8
IV. Alternatives:
City Council authorize the appropriate City officials to execute a
renewal of the most recent lease with GRTC of the Old Operations
Facility on a month to month basis with sixty (60) days notice of
termination by either party.
1. Need to continue use of Old Facility until New Facility is
available in March 1990 is met.
2. Funding is available in GRTC budget to continue payment of lease
fee at $100.00 per month.
B. Council refuse to authorize the renewal of the lease of the Old Bus
Operations Facility to GRTC:
1. Need for continued use until March 1990 is not met.
2. Funding is not an issue.
Members of City Council
Lease Agreement/GRTC & City of Roanoke
Page 2
V. Recommendation: Council authorize the renewal of the lease of the Old Bus
Operations Facility to GRTC in accordance with Alternative "A".
WRH/RVH/fm
Respectfully submitted,
W. Robert Herbert
City Manager
Attachment
cc:
City Attorney
Director of Finance
Director of Utilties & Operations
General Manager, GRTC
VALLEY METRO
Greater Roa~ Trar~s~t Company
PO. Box 13247
Roan~e, Va, 24(]32
703.982.2222
June 26, 1989
Board of Directors
Greater Roanoke Transit Company
Roanoke, Virginia
Dear Members of the BOard:
Subject: Lease Agreement between Greater Roanoke Transit Company
and City of Roanoke.
I. Back~round:
II.
III.
IV
~o~ and
the ~ an~
March of 1975. City of Roanoke since
B. Most recent lease agreement expire,i on March 22, 1989
Current Situation
A. ~h_~f the_ most recent lease a reement re uires
authorlza e
.
~Ssues
A. Need
B. ~unding
Alternatives
renewal b the General Mana er of the most
o--~--~ermination by either party.
Need is evidenced by the fact that GRTCs,s new
~pe~ations, maintenance and administrative facility
will not be complete and ready for use until March
1990.
2. Fundin~ is available within GRTC's budget to satisfy
~11 financial obligations of the lease agreement.
Rent will remain at $100.00 per month
B. ~D~°~n~°_t__Lau, t~°rize renewal of the most recent lease
a_~_reement between GRTC and Cit_.v of Roanoke.
1. N~eed will not change.
2. F~undinq will not change.
Recommendation
~__ r~native A. Authorize renewa
~~ he~G~ %%~a 1 Ma n a e r
~_%~.~,~.ween the G~TC and
· na~lOn Dy either party. ~ aye
Respectfully submitted,
__ /
Stephen A. Mancuso
General Manager
cc:
Assistant Vice President
General Counsel
Treasurer
Secretary
Director of Utilities & Operations
Secretary
THIS AGREEMENT OF LEASE, as of this 23rd day of ~rch. 1986.
by and between the CITY OF ROANOKE, a municipal corporation of
the Cor~nonwealth of Virginia (Lessor) and the GREATER ROANOKE
TRANSIT CO~ANY. a corporation organized under the laws of the
Commonwealth of Virginia (Lessee),
THAT. IN CONSIDERATION of the mUtual coVenants and agreements
herein contained, the parties hereto do covenant and agree as
follows:
I. Lessor does hereby lease unto Lessee that portion of its
real estate at Twelfth Street and Campbell Avenue. S.E.. l~oanoke.
Virginia. and more fully described as follows:
All of Lots 16 through 18. Block 6; all of Lots 1
through 10 of Block 12; all of Lots 1 through 7. and
I1 through 24 (including portions of a closed alley)
of Block 13; and all of Lots 16 through 19 of Block
14, in East Side Addition. as shown on plat recorded
in Deed Book 209. at page 213. in the Clerk's Office
of the Circuit Court of the City of Roanoke.
Virginia, together with the improvements thereon.
2. The term of this Lease shall be for a period of taree
years commencing on M~rch 23, 1986 and ending on ~rch ~2. 1989.
The Lessee shall pay to the Lessor as rental for the use of the
premises for the period March 23, 1986 through June 30. 1987. the
sum of FORTY-FIVE THOUSAND DOLLARS ($45.000.00) annually. Such
rent is to be paid in fifteen (15) monthly installments of Three
Thousand Dollars ($3.000.00). with one such installment becoming
due and payable on the first day of each month of this Lease.
commencing with April 1, 1986. The Lessee shall pay to Lessor as
rental for the use of the premises for the period July l, 1987
through March 22, 1989, the sum of Twenty-One Hundred Dollars
($2,100.00). Such rent is to be paid in twenty-one (21) monthly
installments of One Hundred Dollars ($100.00), with one such
installment becoming due and payable on the first day of each
month of this Lease, commending July i, 1987.
3. The Lessee shall use and occupy the demised premises in
the operation of its mass transportation service.
4. Lessor's service responsibilities shall be limited to
the provision of fire and extended coverage insurance on the
leased premises during the term of this lease.
5. Lessee shall obtain and maintain during the life of
Lease bodily injury and property damage liability insurance
coverage with respect
of this Lease.
than:
this
to claims arising out of the subject matter
The amount of such insurance shall not be less
(i) In the case of bodily injury liability insurance,
$500,000 for injuries, including death, to one person in
any one occurrence and $1,000,000, annual aggr~egate;
(ii) In the case of property damage insurance, $500~000 for
damage in any one occurrence and $1,000,000, annual
aggregate;
(iii) The above amounts
minimum amount of
Lessee shall
interests may appear
Lessee shall
the required coverage
may be met by "umbrella" coverage
$1,000,000.
name Lessor aa an additional insured aa
on the above policies.
furnish Lessor with
and
in a
its
certificates eVidencing
containing a statement to the effect
- 2
that the coverage shall not be cancelled or materially altered
except after thirty (30) days written notice to the City.
Lessee covenants and agrees to pay and indemnify and
hold Lessor, its employees, representatives and agents harmless
against any and all loss, cost or expense, including reasonable
attorney's fees, resulting from any claim, whether or not reduced
to a judgment, for any liability of any nature whatsoever that
may arise during Lessee's occupancy of the leased premises.
The Lessor and Lessee waive all rights against each
other in the event of fire damage to the extent covered by
insurance, except such rights as they may have to the proceeds
such insurance.
of
6. The Lessee
tenance and care of
shall assume all responsibility for the main-
the furnace and facilities necessary to pro-
vide heat; said furnace and facilities shall be maintained to the
current standard. Lessee shall also assume all responsibility
for the maintenance and care of the remainder of the premises;
said premises shall be maintained to the current standard. Upon
the termination of said lease said premises will be returned to
said Lessor in good repair, ordinary wear and tear excepted.
7. If the premises shall be damaged by fire. acts of God,
or war, not the fault of Lessee. its agents, employees, invitees
or licensees, so as to make the same untenantable, this Lease
shall terminate, unless the Lessor shall within thirty (30) days
after such fire or other act notify the Lessee of its intention
to restore the premises to a tenantable condition. Prepaid rent
will be prorated accordingly.
- 3
8. The Lessor hereby designates the Office of Billings and
Collections. p. O. Box 2199, ROanoke, Virginia 24009, as the
agent of the Lessor for the collection of rents and directs that
payment of all rents to accrue hereunder shall be made by the
Lessee to such agent. Any and all notices, requests, or demands
given or required to be given under this Lease shall, except as
otherwise expressly provided herein, be in writing and mailed by
ordinary mail to the aforesaid Office of Billings and
Collections.
9. Any notice required under this Lease to the Lessee shall
'be by ordinary mail addressed to the President, Greater Roanoke
Transit Company, ROom 456, Municipal Building. ROanoke, Virginia
24011.
WITNESS the following signatures and seals:
CITy OF ROANOKE
A/q'EST:
City Clerk
By.
A'FrEST:
GREATER ROANOKE TRANS~{T COMPANy
Seoretary
APPROVED AS TO FOI~M:
By
President
Assistant City Attorney
- 4
BOARD OF. DIrECTORS OF GREATER ROANOKE TRANSIT COMPANY
A RESOLUTION AUTHORIZING EXECUTION OF A LEASE AGREENENT
WITH TR~ CITY OF ROANOKE FOR THE CONPANY'S OPERATIONS,
MAINTENANCE AND ADNINISTRATIVE FACILITIES AT 12TH
STREET AND CAMPBELL, S.E. UPON CERTAIN TERNS AND
CONDITIONS. '
BE IT RESOLVED by the Board of Directors of the Greater
Roanoke Transit Company that the Company's General Manager aud
Secretary are authorized to execute and attest, respectively, on
behalf of the Company, in form approved by General Counsel, the
appropriate lease agreement with the City of Roanoke for the
Company's Operations, Maintenance and Administrative facilities
located at 12th Street and Campbell Avenue, S.E., on a month-to-
month basis with provision for a sixty day notice of termination
by either party at a monthly rental of $100.00 per month, and
upon such other terms and conditions as deemed appropriate, and
as more particularly set forth in the report to this Board dated
June 26, 1989.
ADOPTED by the Board of Directors of Greater Roanoke Transit
Company this 26th day of June, 1989.
APPROVED:
ATTEST:
Noel c. Taylor, President ~ry F. Parker, Secretary
August I, I~89
File #166-9
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear ~r. Herbert:
I am attaching copy of Ordinance No. 29680 authorizing the proper
City officials to enter into a lease agreement between the City
and The Hertz Corporation for use of City-owned property located
at 1302 Municipal Road, N. W.o for said corporation's main-
tenance, servicing and storage facilities, in the amount of
$17,000.00 annually, upon certain terms and conditions.
Ordinance No. 29680 was adopted by the Council of the City of
Roanoke on first reading on Monday, July 10, 1989, also adopted
by the Council on second reading on Monday, July 24, 1989, and
wilt take effect ten days following the date of its second
reading.
Mary F. Parke~*, CMC
City Clerk
MFP:sw
Ene.
pc: Mr. Simon H. P. Ellis, Director, Properties, The Hertz
Corporation, 225 Brae Boulevard, Park Ridge, New Je,sey
07656-2471
Mr. Joel M. Schtange,o Director of Finance
MS. Deborah J. Moses, Chief of Billings and Cotteotions
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. Robert C. Poote, Al,port Manager
Roo~n 456 Munk:ipal Butlcling 215 C~urc~ Avenue. S.W Roanoke. ~rg~nici 240tl (703) 981-254~1
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29680.
VIRGINIA,
AN ORDINANCE authorizing the proper City officials to enter
into a lease agreement between the City and The Hertz Corporation
for use of City-owned property at 1302 Municipal Road,
said corporation's maintenance, servicing and storage
upon certain terms and conditions.
N.W., for
facilities,
BE IT ORDAINED by the Council of the City of Roanoke that the
City Manager and City Clerk are authorized to execute and attest,
respectively, on behalf of the City of Roanoke, in form approved by
the City Attorney, the appropriate lease agreement with The Hertz
Corporation for said corporation's maintenance, servicing and
storage facilities located at 1302 Municipal Road, N.W., for a five
(5) year period, effective as of December 1, 1988, with provision
for a ninety (90) day notice of termination by either party at an
annual rental of $17,000.00, and upon such other terms and con-
ditions as are deemed appropriate and as more particularly set
forth in the report to this Council dated July 10, 1989.
ATTEST:
City Clerk.
Roanoke, Virginia
July 10, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject: Hertz Corporation, Rental of City Property -
1302 Municipal Road, N.W.
The attached staff report was considered by the Water
Resources Con~nittee at its regularly scheduled meeting on June 26,
1989. The Committee recommends that Council authorize the lease of an
improved two (2) acre parcel of land at 1302 Municipal Road, N.W., a
portion of Official Tax No. 6640105, to the Hertz Corporation in
accordance with the conditions in the attached report.
Respectfully submitted,
T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CC:
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Airport Manager
Simon H. P. Ellis, The Hertz Corp.
INTERDEPARTMENTAL COMMUNICATION
DATE:
TO:
FROM:
RE:
June 26, 1989
Members, Water Resources Committee
B. Kiser, Director of Utilities thru
W. Robert Herbert, City Manager~7~z~_/
HERTZ CORPORATION
RENTAL OF CITY PROPERTY
1302 MUNICIPAL ROAD, N.W.
I. Back~round:
II.
A.
Bo
City Council by Ordinance No. 18406, dated November 11, 1968, and
Resolution No. 18537, dated January 27, 1969, authorized the execution
of a lease for a period of ten (10) years, with two (2) irrevocable
five (5) year extensions, of a two (2) acre parcel of property, and an
option on one (1) additional acre of property, to the Hertz Corpora-
tion for facilities for the maintenance, servicing and storage of
lessee's vehicles. Initial ten (10) year lease term was December 1,
1968 thru November 30, 1978.
Hertz Corporation erected a structure on the leased premises and has
exercised its right to the two (2) additional five (5) year extensions
of the initial ten (10) year lease term. The term of the second (and
last) lease extension ended on November 30, 1988.
C. Lease Fees over the twenty (20) year term of the original lease and
two (2) extensions were:
Initial 10 year term - $2,614.40 per annum
First 5 year Extension - $3,485.86 " "
Second 5 year Extension - $4,357.34 " "
Current Situation:
Bo
Hertz Corporation was notified of the termination of the term of the
second lease extension in November 1988. Responses have been slow as
there was some confusion on Hertz' part concerning leases that they
still hold on Airport Commission property in the New and Old Terminals
and subject lease, which is on property retained by the City.
City Staff has negotiated an agreement with Hertz Corporation for a
new five (5) year lease term and a lease fee of $17,000.00 per annum,
effective as of December 1, 1988.
Members of Water Resources Committee
Hertz Corporation/Rental of City Property
Page 2
III. Issues:
A. Need
B. Timin~
C. Income to City
IV. Alternatives:
Vo
Ao
Committee recommend to City Council that it authorize the appropriate
City officials to execute a lease, for a five (5) year term, of the two
(2) acre site with improvements shown on the attached City of Roanoke
Plan No. 5124-A, a portion Official Tax No. 6640105, to the Hertz
Corporation at an annual lease fee of $17,000.00. Lease to provide for
insurance and indemnification in amounts and form acceptable to the
Risk Manager and City Attorney. Lease and lease fee to be effective as
of December 1, 1988.
1. Need by petitioner for continued use of property is met.
2. Timin8 to reinstate lease, which terminated on November 30, 1988,
as quickly as possible is met.
3. Income to City is the annual $17,000.00 lease fee.
B. Commitee not recommend to City Council that it authorize the lease of
property to the Hertz Corporation.
1. Need by petitioner for continued use of property not met.
2. Timin~ to reinstate lease as quickly as possible not met.
3. Income to City is zero.
Recommendation: Committee recommend to City Council that it authorize the
lease of an improved two (2) acre parcel of land at 1302 Municipal Road,
N.W., a portion of Official Tax No. 6640105, to the Hertz Corporation in
accordance with Alternative "A".
KBK/RVH/fm
Attachment
cc: City Attorney
Director of Finance
Airport Manager
Simon H. P. Ellis, The Hertz Corporation
Off~ce of --he C~ Engineer
June 12, 1989
Simon H. P. Ellis
Director, Properties
The Hertz Corporation
225 Brae Boulevard
Park Ridge, NJ 07656-2471
RE: Lease of Roanoke City Property
1302 Municipal Road, N.W.
Dear Mr. Ellis:
Thank you for your letter of June 6, 1989. We appreciate your prompt
concurrence in a five (5) year lease at $17,000.00 per annum. We are forwarding
this matter to our City Council for their authorization to proceed.
In regard to your request that we agree to a subsequent five (5) year term
at $20,000.00 per annum, I am afraid that we will not be able to agree to that
at this time. We would like to negotiate that subsequent term at the end of the
term just agreed upon so that conditions at that time may be considered.
Thank you for your cooperation and assistance. If we can provide additional
information, please let me know.
Sincerely,
Kit B. Kiser, Director
Utilities & Operations
KBK/RVH/fm
cc: Mark A. Williams, Assistant City Attorney
Richard V. Hamilton, Right-of-Way Agent
Room 350 Mun~opol Bu~10~ng 215 Church Avenue 5 W Roanoi~e Virginia 24011 (705) 981 2731
RECEIVED
Hertz
REC v L)
DIRECTOR'S
L omcg
June 6, 1989
Mr. Kit B. Kiser, Director
Utilities & Operations
Room 354, Municipal Building
215 Church Avenue, SW
Roanoke, Virginia 24011
Dear Mr. Kiser:
This will confirm that Hertz will pay a rent of $17,000 per
annum for a five year lease. Although we did not discuss
the renewal, I would like to agree on a five year option to
renew at $20,000 per annum.
If this is agreeable, please confirm. Meanwhile, ! will
obtain corporate approval to the $17,000 figure.
Very truly yours,
/lp
~g~ 0 9 89
OFFICE OF CITY ENGINEER
ROANOKE, VA 24011
Of~:e c~ me Ci~ Oem
August i, 1~$9
File #159-455B
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear Mr. Herbert:
I am attaching copy of Ordinance No. 29681 authorizing the
appropriate City officials to enter into a lease agreement for a
portion of the Muse Spring property to allow certain existing
garage and shed structures to remain, upon certain terms and con-
ditions. Ordinance No. 29681 wac adopted by the Council of the
City of Roanoke on first reading on Monday, July 10, 1989, also
adopted by the Council on second reading on Monday, Suty 24,
1989, and will take effect ten days following the date of its
second reading.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
Enc.
pc:
Mr. Maurice R. Deseeyn, Desseyn & Associates, Suite 108,
Spring~ood Park, 3214 Electric Road, $. W., Roanoke, Virginia
24018
Mr. Randall D. Hottandsworth, 1707 Rlverdate Road, $.
Roanoke, Virginia 24013
Ms. Revs S. Rager, 3535 Alcoa Road, $. E., Roanoke, Virginia
24013
Mr. Kit B. Kiser, Director of Utilities and Operations
Mr. M. Craig Stuse, Manager~ Water Department
Ms. Sandra E. Eakin, Deputy City Clerk
Root.n456 Munici~cflButlcltr'lg 215 Church A,,,~nue. S.W. Roanoke. Vlrgln~a24011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA,
The 24th day of July, 1989.
No. 29681.
AN ORDINANCE authorizing the appropriate City officials to
enter into a lease agreement for a portion of the Muse Spring
property to allow existing garage and shed structures to remain,
upon certain terms and conditions.
BE IT ORDAINED by the Council of the City of Roanoke that:
1. The City Manager and City Clerk are hereby authorized
upon the terms and conditions contained herein to enter into a
revocable lease agreement, in form approved by the City Attorney,
with Randall D. Hollandsworth and Reva S. Hager, owners of pro-
perty located at 2429 Mount Pleasant Boulevard, S.E., providing
for the lease of a 40' x 80' portion of the City's Muse Spring
property, located within the City of Roanoke, including certain
garage and shed structures until said structures are removed by
the lessees or the City terminates such lease and directs their
removal, at lessees' sole expense, as more fully described in a
report of the Water Resources Committee to this Council dated
July 10, 1989, and accompanying survey by Jack G. Bess, dated May
12, 1989, on file in the Office of the City Clerk and incor-
porated by reference herein.
2. It shall be agreed by the lessees that, in maintaining
such leased property, said lessees covenant and agree to indem-
nify and save harmless the City of Roanoke, its officials, offi-
cers and employees, from any and all claims for injuries or
damages
above-described lease including,
of the existing structures, and
the lease agreement by the City,
repair ~he property solely at lessees'
tion of the City.
to persons or property that may arise by reason of the
without limitation, the presence
the lessees, upon termination of
shall remove such structures and
expense to the satisfac-
3. Lessees shall not assign such revocable lease without
the prior written consent of City and lessees shall for the dura-
tion of this revocable lease, with respect to claims arising out
of the maintenance and use of the structures and areas located on
City property hereunder, maintain on file with the City Clerk's
Office evidence of comprehensive general public liability insur-
ance with limits of not less than $300,000.00 combined bodily
injury liability, including death, and property damage liability
for any one occurrence, and including the City of Roanoke, its
officers, employees and agents as additional insureds.
4. The lease agreement shall be in full force and effect at
such time as a copy of the revocable lease document prepared at
lessees' expense has been duly signed, sealed, attested, and
acknowledged by lessees, and has been admitted to record, at the
cost of the lessees, in the Office of the Clerk of the Circuit
Court of the City of Roanoke, and shall remain in effect only so
long as a valid, current certificate evidencing the public liabi-
lity insurance required in paragraph 3 above is on file in the
Office of the City Clerk.
ATTEST:
City Clerk.
Roanoke, Virginia
July 10, 1989
Honorable Mayor and City Council
Roanoke, Virginia
Dear Members of Council:
Subject:
Encroachment on City Property -
Muse Spring Tract
The attached staff report was considered by the Water
Resources Committee at its regularly scheduled meeting on June 26,
1989. The Committee recommends that Council authorize a lease agreement
allowing encroaching structures to remain in place and in use on
the City's Muse Spring property in accordance with the conditions stated
in the attached report.
Respectfully submitted,
beth T. Bowles, Chairman
Water Resources Committee
ETB:KBK:afm
Attachment
CCI
City Manager
City Attorney
Director of Finance
Director of Utilities & Operations
Manager, Water Department
~NTERDEPARTMENTAL CO~4U~ICATION
DATE:
TO:
FROM:
THRU:
SUBJECT:
June 26, 1989
Members, Water Resources Committee
~r. W. Robert Herbert~'~Uity Manager
Encroachment on City Property
~use Spring Tract
I. Backsround:
mo
Bo
Property at 2429 Mount Pleasant Boulevard, S.E., official tax
no. 4370306, was recently surveyed in conjunction with its
sale.
Survey established that two (2) accessory buildings, a garage
and a shed, were actually located on City property (see
attached map and other information).
II. Current Situation:
Seller, Billy Graham Evangelistic Assoc., has requested per-
mission to allow the encroaching structures to remain in
place and in use by purchasers, Randall D. Hollandsworth and
Reva S. Hager (see attached letter).
III. Issues:
A. Need
B. Timin~
C. Public Liability Insurance and Indemnification
D. Removal of Structures
IV. Alternatives:
Committee recommend to City Council that it authorize the
appropriate City officials to execute a lease agreement with
Randall D. Hollandsworth and Reva S. Hager, owners of pro-
perty at 2429 Mount Pleasant Boulevard, S.E. which would
allow a garage and a shed to remain in place and in use on
the lease premises, a 40' x 80' portion of the City's Muse
Spring property (see attached map) until they are removed by
the owner or the City requests their removal. Lease to be
revocable on thirty (30) days notice by the City and to
otherwise remain in effect for the useful life of the struc-
tures.
Page 2
1. Need by petitioners for continued use of garage met.
2. Timing to provide permit as quickly as possible to
purchasers of property is met.
3. Public Liability Insurance and Indemnification to be
provided by petitioners in amounts and form acceptable
to Risk Manager and City Attorney.
4o
Removal of structures to be accomplished by lessee at
lessee's expense upon termination of lease for any
reason.
Committee not recommend to City Council that it authorize a
lease agreement to be executed by the appropriate City offi-
cials permitting a garage and a shed to remain on the City's
Muse Spring property.
1. Need by petitioners for use of structures is not met.
2. Timing to permit immediate use of structures by peti-
tioners not met.
Public Liability Insurance and Indemnification is moot.
4. Removal of Structures to be required immediately.
Recommendation: Committee recommend to City Council that it
authorize the appropriate City officials to execute a lease agree-
ment allowing encroaching structures to remain in place and in use
on the City's Muse Spring property in accordance with Alternative
KBK/RVH/mm
Attachments
cc: City Attorney
Director of Finance
Manager, Water Department
,- /
CQNTRACT AMENDMENT
Seller(s):
Purchaser(s):
Property:
Billy Graham Evangelistic Association
Randall D. Hollandsworth and Reva S. Hager
4.125 acre parcel more or less, situate cn !~ount
Pleasant ~.Dulevard
The undersigned, being parties to a certain Contract of Sale dated
March 15, 1989, enter herein to evidence their agreement to amend
the terms of said contrac'~ as follows:
Parties execute this addendum for the purpose
of extending the seller's obligation to secure
an easement from the City of Roanoke for the
purpose of access to and use of storage
building and carport located on property owned
by the City of ~oanoke "Muse Spring Tract," as
more particular3y shown on survey dated May 12,
1989, prepared by Jack G. Bess, Certified Land
Surveyor, a copy of ;hich is attached hereto.
Seller ~q~ee~ t~ ~ake a good faith effort to
secure this easement. Buyers acknowledge that
seller may mot be able to secure an easement
and aqree that so long as seller makes a ~ood
faith effort to secure this easement over-the
next sixty (60) days it will hav~ discharged
its responsibilities under this addendum.
Ail other terms of the referenced Contract of f:ale, %nd an?'
addendums or amendments thereto preceeding this document, are to
remain in full force and effect.
Date
Date
Date
Purchaser: Randall D. Hollandsworth
Purchaser: Reva S. Hager
Billy Graham Evangelistic ~sociation
30 May 1989
Mr. Kit B. Kiser
Director, Utilities and Operations
City of Roanoke
Rm #354 West Church Street
Roanoke, Va. 24011
Be; Easement to use existing structures on "Muse Spring
Tract"
Dear Mr. Kiser,
The enclosed copy of a Contract Amendment is self
explanatory. The frame garage is more.of a carport that is
quite old. The metal shed is about the same age as the
carport and both of them have been used for approximately
the last seven years or so by previous owners.
It was not until the survey was completed that it was
v=rified that the two buildings are on the City's property.
They are too old to move but can be used in their present
conditions.
Mr. Hollandsworth and Ms. Hager would like to continue
to use them until such time as they would have to be torn
down due to age or the City's request. I hope the City w4]l
lcok upon this request favorably and allow them that
privilege.
I will be glad to answer any questions concerning this
matter, ! understand that only the City Council can approve
this request and it may be four to six weeks before action
ls taken. Please call me at 989-7550 if you have any
questions.
Sincerely,
Suite 108, Springwood Park,
3214 Electric Road, Roanoke, Virginia 24018
Phone: Office (703) 989-7550
REALTORS
August 1, 1989
File #273
The Honorable Louis E. Barber, Sheriff
County of Montgomery
P. O. Box 806
Christiansburg, Virginia 24073
Dear Sheriff Barber:
I am enclosing copy of Resolution No. 29702 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Airport in Blacksburg, Virginia, in order
to serve the needs of the New Rive, Valley and other areas in
Southwest Virginia. Resolution No. 29702 was adopted by the
Council of the City of Roanoke at a reguta, meeting held on
Monday, July 24, 1989.
Sineerel3~o f~
Mary F. Pa,ke.o CMC
City Clerk
MFP:sw
Enco
Rotan 456 Municipal Building 215 ~D'~ur~n A~nue, $.W. P, oanoke, ~i~lnio 240'11 (703) 981-254t
Office o~ the City Ce~
August 1, 1989
File #273
Mr. James F. Johnson
Associate Vice-President for Administration
and Operations of Virginia Tech
336 Burruss Halt
VPI & SU
Btacksburg, Virginia 24061
Dear Mr. Johnson:
I am enclosing copy of Resolution No. 29702 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Airport in Blacksburgo Virginia, in orde,
to serve the needs of the New River Valiey and othe, areas in
Southwest Virginia. Resolution No. 29702 was adopted by the
Council of the City of Roanoke at a regutar meeting held on
Monday, July 24, 1989.
Si n c e rely, //')~/{,,.z..__//
Mary F. Parker, CMC
City Cterk
MFP:sw
Enc.
456 Municipal Building 21§ C~urch Av~,~ue, $.W Roanoi,,e. ¥i~tnia 24011 (703) 981-2541
~ce o~ ~e G~ ~e~
August 1, 1989
File #273
The Honorable Gerald L. Batiles,
Co,~monweatth of Virginia
Third Floor, State Capitol
Richmond, Virginia 23219
Dear Governor Batites:
I am enclosing copy of Resolution No. 29?02 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Airport in Btacksburg, Virginia, in order
to serve the needs of the New River Valley and other areas in
Southwest Virginia. Resolution No. 29702 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday~ July 24, 1989.
Sincere
Mary F. Parker, CMC
City Clerk
MFP:sw
Enc.
Room 456 Municipal Butldir~ 2t5 (~urch A~,nue. SW Roanoke, ~rglnia 240¢ ~ (703) 98%2541
Office of ~e Ci~, Cle~
August 1~ 1989
File #273
Lieutenant W. K. Paul, Supervisor
Aviation Unit
Department of State Police
7411 Airfield Drive
Richmond, Virginia 2323~
Dear Lieutenant Paul:
[ am enclosing copy of Resolution No. 29702 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Airport in Btacksburg, Virginia, in order
to serve the needs of the New River Valley and other areas in
Southwsst Virginia. Resolution No. 29702 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday~ July 24~ 1989.
Mary F. Parker, CMC
city Clerk
MFP:sw
Enc.
Re'om456 Munici~:~alB~ilcllng 215ChurchAve~ue,$WR~anoke.~rg~nia24~11 (703) 981-25~1
C~ce o~ Fne City Oer~
August 1o 1989
File #273
The Honorable Chairman and Members
of the Montgomery County Board of Supervisors
P. O. Box 806
Christiansburg, Virginia 24073
Dear Ms. Hess and Gentlemen:
I' am enclosing copy of Resolution No. 29502 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Airport in Blacksburg, Virginia, in orde,
to serve the needs of the New River Valley and other areas in
Southwest Virginia. Resolution No. 29502 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday~ July 24~ 1989.
Sincerely, .~
Mary F. Parker, CMC
City Clerk
MFP:sw
Room 456 Municipal Building 215 C~urch Avenue S.W. R~ano~e. Virginia 24011 (703) 981-2541
~ugust
1989
File ~273
The Honorable Mayor and Members
of the Christiansburg Town Council
100 East Main Street
Christiansburgo Virginia 240?3
Dear Mayor Linkous and Gentlemen:
I am enclosing copy of Resolution No. 29702 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Al,port in Blacksburg, Virginia, in order
to serve the needs of the New Rive, Valley and other areas in
Southwest Virginia. Resolution No. 29702 was adopted by the
Council of the City of Roanoke at a regular meeting held on
MIonday, July 24, 1989.
[~ary F. Parker, CIVIC
City Clerk
MFP:sw
EnCo
Rc~m 456 Muni¢il:x~l Building 215 C~urc~ Argue, SW. Rc, ano~e Vi~lnia 2401 '~ (703) 981-2541
Office of the City Clerk
August 1, 1989
File #273
The Honorable ~ayor and Members
of the Blacksburg Town Council
300 South Main Street
Blacksburg. Virginia 24060
Dear Ms. Lewis and Gentlemen:
I am enclosing copy of Resolution No. 29?02 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Airpo,t in Blacksbu,g. Virginia. in order
to serve the needs of the New River Valley and othe, areas in
Southwest Virginia. Resolution No. 29?02 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday. July 24. 1989.
Sincerely,
~ary F. Parker. CMC
City Cle,k
MFP:sw
Enc.
Room 456 Munici~x:~l Building 21§ Chur~n Avenue SW ~nc:~e. '~rg~nia 24011 (70~) 981-2541
August
Office of the City Clerk
File #273
The Honorable Chairman and Members
of the Roanoke County Board of Supervisors
P. O. Aox 29800
Roanoke, Virginia 24018-0798
Dear Chairman Garrett and Gentlemen:
I am enclosing copy of Resolution No. 29702 requesting the con-
tinuation of the operation by the State Police of a helicopter
base at Virginia Tech Airport in Blacksburg, Virginia, in order
to serve the needs of the New River Valley and other areas in
Southwest Virginia. Resolution No. 29702 was adopted by the
Council of the City of Roanoke at a regular meeting held on
Monday, July 24, 1989.
SincereiF,
Mary F. Pa~'ker,
City Clerk
CMC
MFP:sw
~nc.
Room456 MunicipolBullcllng 215ChurchA',~ueS,W.r~:x~nc~e, Vircj~nia24011 (703) 981-2541
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29702.
VIRGINIA,
A RESOLUTION requesting continuation of
Police of a helicopter base
Virginia, in order to serve
areas in Southwest Virginia.
the operation by the State
at Virginia Tech Airport in Blacksburg,
the needs of the New River Valley and other
WHEREAS, the Virginia Tech Airport in Blacksburg, Virginia, is the
base of operations for a State Police helicopter which serves a large
concentration of population and important installations in Southwest
Virginia;
WHEREAS, a proposal is being considered to move the base of opera-
tions for the helicopter from Blacksburg to Abingdon, Virginia;
WHEREAS, the law enforcement, security and emergency medical needs
of this area require the continuation of the State Police helicopter
base at Virginia Tech Airport in Blacksburg, Virginia; and
WHEREAS, the law enforcement, security and emergency medical needs
of the large concentration of population in Southwest Virginia would
not be well served by moving the base of operations for the helicopter
from Blacksburg to Abingdon or any other location distant from Roanoke.
THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that:
1. This Council requests that the Virginia State Police continue
the operation of the State Police helicopter from the base station at
Virginia Tech Airport in Blacksburg, Virginia.
2. The City Clerk is hereby directed to mail attested copies of
this resolution to the appropriate representatives and officials,
including appropriate State and division headquarters of the Virginia
State Police, the Associate Vice President for Administration and
Operations of Virginia Tech, the Sheriff of ~ontgomery County, the
Board of Supervisors of Montgomery County, the Town Councils of
Christiansburg and Blacksburg, the Board of Supervisors of County of
Roanoke and to The Honorable Gerald L. Baliles, Governor of the
Commonwealth of Virginia.
ATTEST:
City Clerk.
Office of the
University Provost
VIRGINIA TECH
336 Burruss Hall
Blacksburg, Virginia 24061
(703) 961-6705
August 11, 1989
Ms. Mary F. Parker, CMC
city Clerk
City of Roanoke
Room 456, Municipal Building
215 Church Avenue, SW
Roanoke, VA 24011
Dear Ms. Parker:
I have forwarded your resolution requesting the continuation of the
operation by the State Police of a helicopter base at Virginia Tech
Airport in Blacksburg, Virginia, to Mr. Minnis Ridenour, Executive
Vice President and Chief Business officer, for response.
Sincerely,
bp
son '
~~ Provost
Virginia Polytechnic Institute and State University
Offke o~ ?ne City C]e~4
August 1, 1989
File #429-184
Mr. W. Robert Herbert
City Manager
Roanoke, Virginia
Dear' Mr. Herbert:
I am attaching copy of Ordinance No. 29703 repealing Ordinance
No. 29053, adopted June 23, 1989, relating to inclusion of "prior
government service" in the definition of "creditable service" for
membe,s of the City of Roanoke Pension Ptano Ordinance No. 29703
was adopted by the Council of the City of Roanoke at a regular
· meeting held on Monday, July 24, 1989.
Sincerely,
Mary F. Parker, CMC
City Clerk
MFP:sw
Eric.
pc:
The Honorable Roy B. Wiilett, Chief Judge, Circuit Court
The Honorable Clifford R. Weckstein, Judge, Circuit Court
The Honorable Diane McQo Strickland, Judge, Circuit Court
The Honorable Kenneth Eo Trabue, Judge, Circuit Court
305 East Main Street, Salem, Virginia 24153
The Honorable G. Oo Clemens, Judge, Circuit Court, P. O. Box
1016, Salem, Virginia 24153
The Honorable Philip Trompeter, Chief Judge, Juvenile and
Domestic Relations District Court
The Hono,able Fred L° Hoback, Jr., Judge, Juvenile and
Domestic Relations District Court
The Honorable Joseph M. Clarke, Il, Judge, Juvenile and
Domestic Relations District Court
The Honorable Edward S. Kidd, Jr., Chief Judge, General
District Coumt
The Honorable Julian H. Raney, Jr., Judge, Genemal District
Court
The Honorable Richard C. Pattisal, Judge, General District
Court
Room 456 Municipal Butldtng 2t 5 (~urch Avenue. SW Roanoke. Virginia 240t t (703) 98t-2541
August
Page 2
Robert Herbert
1, 1989
The Honorable Patsy Testerman, Clerk, Circuit Court
Ms. Patsy Bussey, Clerk, Juvenile and Domestic Relations
District Court
Mr. Ronald Alb,ight, Cie,k, General Dist,ict Court
The Hono,able Donald $. Caldwello Corr~nonwealthWs Attorney
Mr. Raymond F. Leven, Public Defender, Suite 4B, Southwest
Virginia Building, Roanoke, Vi,ginia 24011
Ur. Bobby D. Caseyo Office of the Magistrate, P. O. Box
13867, Roanoke, Virginia 24037
Ms. Clayne ~. Calhoun, Law Libra,lan
Mr. Robe,t Lo Laslie, Vice P,esident - Supplements, Municipal
Code Corporation, P. Oo Bo~ 2235, Tallahassee, Flo,ida 32304
IN THE COUNCIL OF THE CITY OF ROANOKE,
The 24th day of July, 1989.
No. 29703.
VIRGINIA,
AN ORDINANCE repealing Ordinance No. 29653, adopted June 26, 1989,
relating to inclusion of "prior government service" in the definition
of "creditable service" for members of the City of Roanoke Pension
Plan; and providing for an emergency.
BE IT ORDAINED by the Council of the City of Roanoke as follows:
1. Ordinance No. 29653, adopted June 26, 1989, shall be repealed
retroactive to June 26, 1989.
2. Ordinance No. 29653 shall not be submitted to the Internal
Revenue Service for review and approval as authorized by its terms.
Ordinance No. 29653 shall not be codified or otherwise pub-
lished.
4.
In order to provide for the usual daily operation of the
municipal government, an emergency is deemed to exist, and this ordi-
nance shall be in full force and effect retroactive to June 26, 1989.
ATTEST:
City Clerk.
WaBURN C. DmLING, JR,
CITY OF:ROANOKE
OFFICE OFI~HE cITy ATrOKNEY
464 MUNICIPAL BUILDING
ROANOKE, ViRGINI.~ 240.1 'L-159~5
July 27, 1989
WILUAM X PARSONS
MARK ALLAN WILLIAMS
KATHERINE HOWE JONES
STEVEN J. TALEVI
Ur. Robert L. Laslle
Vice President, Supplements
Municipal Code Corporation
P. 0. Box 2235
Tallahassee, Florida 32304
Re: Ordinance No. 29653, adopted June 26, 1989
Dear Mr. Laslie:
Ordinance No. 29653, adopted June 26, 1989, related to the
inclusion of "prior government service" in the definition of "credit-
able service" for members of the City of Roanoke Pension Plan. By
Ordinance No. 29703, adopted July 24, 1989, City Council repealed
Ordinance No. 29653. The repealing ordinance provides that Ordinance
No. 29653 shall not be codified. I am enclosing copies of both of
these ordinances for your convenience.
This is to request that you take care to honor City Council's
directive that Ordinance No. 29653 shall not be codified. I am also
requesting that there not be marginal notes or annotations relating
to Ordinance No. 29653 or its repeal.
Very truly yours,
City Attorney
WCDJr:ff
cc: ~mary . Parker, City Clerk
Joel M. Schlanger, Director of Finance