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HomeMy WebLinkAboutCouncil Actions 08-28-89 ~o~er8 (29731) REGULAR WEEKLY SESSION ...... ROANOKE CITY COUNCIL August 28, 1989 2:00 p.m. AGENDA FOR THE COUNCIL Call to Order -- Roll Call. Mayor Taylor was absent. The invocation will be delivered by The Reverend Edward T. Burton, Pastor, Sweet Union Baptist Church. Present. The Pledge of Allegiance to the Flag of the United States of America will be led by Vice-Mayor Beverly T. Fitzpatrick, Jr. BID OPENINGS Bids for Williamson Road Storm Drain, 1G, Left Segment. Phase 2, Contract Two bids were referred to a corrgnittee composed of Messrs. Garland, Chairman, Clark and Kiser for tabula- tion, report and recorrgnendation to Council. Bids for chlorination/dechlocination facilities at the Roanoke Water Pollution Control Facility. Five bids were referred to a committee composed of MesSrSo Garland, Chairman, Clark and Kiser 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 REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. Request of the City Attorney for an Executive Session to discuss a matter of probable litigation, being the condemnation of real property needed for public purposes, pursuant to Section 2.1-344 (a) (7), Code of Virginia (1950), as amended. (1) C-1 C-2 A report with regard to certain proposals submitted by Mr'. Roger FrankIin~ 733 Murray Avenue· S. E. on neighborhood revi- talization. · RECOMMENDED ACTION: Receive and file. A report of the City Manager with regard to complaints expressed by residents concerning stormwater runoff from the Hickory Woods Phase I Apartment Complex in the area of King Street~ N. E. RECOMMENDED ACTION: Receive and file. C-3 A report of the Municipal Auditor submitting the Annual Report for the year ended June 30· 1989. RECOMMENDED ACTION: Receive and file. C-4 Qualification of Ms. Melody S. Stovall as a member of the Roanoke Arts Commission for a term of three years ending June 30~ 1992. C-5 C-6 RECOMMENDED ACTION: Receive and file. A communication from Mr. Joe Brown tendering his resigna- tion as a member of the Youth Services Citizen Board. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. A communication from Mr. James B. McCloskey tendering his resignation as a member of the Roanoke Neighborhood Partnership Steering Committee· effective August 1~ 1989. RECOMMENDED ACTION: Receive and file the communication and accept the resignation with regret. REGULAR AGENDA Hearing of Citizens Upon Public Matters: a. Request of the Valleywide Anti-Drug Association to present information on a program known as "Walk Against Drugs" sponsored by the Association in cooperation with the City Manager's Drug Strategy Task Force. Sergeant A. B. S. Clary, Roanoke City Police Department, Spokesman. The matter was referred to the City Manager and the City Attorney for preparation of the proper measure. b. Request of Relish Realty to present information regarding condemnation of the former A & P Building located at 28 East Salem Avenue. Messrs. Roland H. Macher and Richard H. Macher· Spokesmen. (2) Deferred until the regular meeting of September 11, 1989, at 7:30 p.m. Petitions and Communications: Council on Monday, 1. A co~r~unication f,om the Honorable W. Alvin Hudson, City Sheriff, recommending the purchase of a drug ana- Zyzer and customer incentive agreement with Abbott Laboratories, in the amounts of $20,000.00 and $10,500.00~ respectively, to be used in connection with the drug testing of pretrial felons grant program. Adopted Ordinance No. 29731-82889. (6-0) 2. A report of the City Manager concurring in the above recommendation. Received and filed· Reports of Officers: a. City Manager: Briefings: None. Items Recommended for Action: I. A report .ecommending that the City Clerk be authorized to advertise a public hearing before Council on Monday, September 11, 1989, at 7:30 p.m., in anticipation of authorizing acquisition of properties needed for the Roanoke River Flood Reduction Project; and that the City Manager, the City Attorney and other appropriate officials be authorized to take such actions which may be deemed necessary for such acquisitions. Adopted Ordinance No. 29732-82889. (6-0) Adopted Ordinance No. 29733-82889 on first reading. (6-0) 2. A report recommending authorization to execute Individual Service Contracts for appraisals and title work for ail parceIs relating to the Roanoke River. Flood Reduction Project; and transfer of $200,000.00 in connection therewith. Adopted Ordinance No. 29734-82889 and Ordinance No. 29735-82889. (6-0) A report with regard to the purchase of a shared auto- mated library system. WITHDRAWN. 4. A report with rega.d to the 1989 Bridge Inspection Program. Adopted Ordinance No. 29737-82889. (6-0) (3) 29736-82889 and Ordinance No. 6. R,po A report recorr~lending acceptance of a grant from the State Department of Emergency Services, in the amount of $80,000.00, to be used for the purchase of a new hazardous materials emergency response vehicle; and appropriation of funds therefor. Adopted Ordinance No. 29738-82889 and Resolution No 29739-82889. (6-0) ' A report recor~nending appropriation of $8,101.00 in Litter Control Grant funding to be transferred to the Clean Valley Council. Adopted Ordinance No. 29740-82889. (6-0) A report recommending authorization to execute Change Order No. i to the contract with Gardner-Smith, Inc., in the amount of $5,813.00, in connection with the contract for installation of an elevator for han- dicapped persons and related uses at the Roanoke Civic Center Auditorium. Adopted Ordinance No. 29741-82889. (6-0) Director of Finance: A report on the status of the financial condition of the City of Roanoke - Fiscal Year 1989. Received and filed. rts of Cow~ittees: A report of the committee appointed to tabulate bids received for WiIliamson Road Storm Drain, Phase 2, Contract I-F, Right Segment, recommending that a contract be awarded to Aaron J. Conner General Contractor, Inc., in the amount of $776,269.35. Council Member Robert A. Gariand, Chairman· Adopted Ordinance No. 29742-82889 and Ordinance No. 29743-82889. (6-0) A report of the committee appointed to tabulate bids received for roof ,eplacement on the Third Street Annex and the Knights of Pythias building, recommending that a contract be awarded to VaIiey Roofing Corporation, in the amount of $45,240.00. Council Member Robert A. Garland, Chairman. Adopted Ordinance No. 29744-82889 and Ordinance No. 29745-82889. (6-0) The Annual Report of the Audit Committee of the City of Roanoke for the fiscal year ended June 30, 1989. Council Member David A. Bowers, Chairman. Received and filed. (4) dt A report of the Roanoke Regional Cable Television Committee recommending authorization to conduct one or more public hearings to solicit comments with regard to the proposed renewal of the cable television franchise currently heZd by Cox Cable Roanoke, Inc. Mr. Howard E. Mussero Chairman· Adopted Resolution No. 29746-82889. (6-0) A report of the City Manager concurring in stated recommendation. the above- Received and filed. Adopted Ordinance No. 29747-82889~ on first reading, granting revocable licenses for the construction of certain building appendages encroaching over and into the right-of- way of the public sidewalk located at 617 South Jefferson Street. (6-0) Adopted Ordinance No. 29748-82889~ on first reading, authorizing the leasing of a portion of certain property to be acquired by the City and bearing Official Tax Nos. 4010112 and 4010113, to the Lamar Corporation. (6-0) Unfinished Business: None· Introduction and Consideration of Ordinances and Resolutions: a. Ordinance No. 29704, on second reading, permanently vacating, discontinuing and closing two public alleys situated between Jerome Street and Bennington Street, S. E., pursuant to Section 15.1-482(b), Code of Virginia (1950), as amended. Adopted Ordinance No. 29704-82889. (6-0) Ordinance No. 29705, on second reading, permanently vacating, discontinuing and closing a public alley, extending from Fourth Street to AZbemarie Avenue, S. W. Adopted Ordinance No. 29705-82889. (6-0) Ordinance No. 29706, on second reading, rezoning a tract of land containing 0.81 acre, more or less, located in the 2900 block of Epperly Avenue° N. W., described as Block 1, Lots 19 - 21, respectively, Official Tax Nos. 2160612 2160614, being one lot behind Williamson Road, N. W., from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District. Adopted Ordinance No. 29706-82889. (6-0) (5) 10. de Ordinance No. 29707, on second reading, rezoning a tract of land lying at the northwesterly intersection of Shenandoah Avenue and 30th Street, N. W., being 502 - 30th Street, N. W., identified as Official Tax No. 2520114, from Light Manufacturing District, to HM, Heavy Manufacturing District. Adopted Ordinance No. 29707-82889. (6-0) Ordinance No. 29709, on second reading, granting to the Vietnam Veterans of America, Chapter #81, a rew~cable per- mit to mount certain fiags on street lighting pales in the Central Business District of the City, upon certain terms and conditions. Adopted Ordinance No. 29709-82889. (6-0) Motions and Miscellaneous Business: a. Inquiries and/or comments by the Vice-Mayor and Members of City Council. A matter with regard to certain State regulations which prohibit the use of grandin Elementary School for after school day care services was referred to the City Manager for study, report and recor~endation to Council. b. Vacancies on various authorities, boards, commissions and committees appointed by Council. Other Hearings of Citizens: Certification of Executive Session (6-0) (6) WaBURN C. DISLING, JR. CITY OF ROANOKE OFFICE OF THE crrY A~'~ORNEY 464 MUNICIPAL BUli.~ING ROANOKE, VIRGINIA 24011-1595 August 28, 1989 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Bowles and Gentlemen: This is to request an Executive Session of City Council to discuss a matter of probable litigation being the condemnation of real property needed for public purposes pursuant to S2.1-344(a)(7), Code of Virginia (1950), as amended. With kindest personal regards, I am WCDJr:fcf &ttac~nt cc: ~. Robert Herbert, City Manager /Mary F. Parker, City Clerk Brian J. Wishneff, Sincerely yours, City Attorney Chief, Economic Development and Grants Office of the City Clerk August 30, 1989 File #488 Mr. Roger Franklin 733 Murray Avenue~ S. E. Roanoke, Virginia 24013 Dear Mr. Franklin: A report of the City Manager~ which was sent to you under separate cover~ with regard to your proposals on neighborhood revitalization, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 28~ 1989. On motion, duly seconded and adopted~ the report was received and- filed. Sincerely, Mary F. Parker~ City Clerk MFP:ra Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Roanoke, Virginia August 28, 1989 Honorable Mayor and Members of Council Roanoke, Virginia Dear Members of Council: subject: Proposals of Mr. Roger Franklin regarding neighborhood revitalization I. Backoround Mr. Roaer Franklin made a presentation to Council on April 17, in which he outlined 4 proposals to improve neighbor- hood conditions (Attachment). B. Council referred Mr. Franklin's comments to the Administration for review and report back to Council. II. Discussion of Mr. Franklin's Proposals Proposal 1: That the Building Code be amended to require that any vacant condemned building be either repaired to Code standards or demolished within a specified time, e.g. 6 - 12 months. Assessment -- The Building Maintenance Code (Volume II of the Virginia Uniform Statewide Building Code [USBC]) provides that an unsafe building shall be either made safe through compliance with the Code, or vacated by the occupants and made secure against public entry. The Code authorizes the City to order the building demolished only if it is found to be structurally unsound, and in actual and immediate danger of collapse or creates an immediate, serious and imminent threat to life and safety. Such buildings with advanced deterioration are ordered demolished through the Building Maintenance Code. The City contracts for the demolition of buildings whose owners are unable or unwilling to tear them down. The City ordered and achieved the demolition of 83 such buildings last fiscal year. There are several hundred vacant houses in the City that are unsafe to occupy in their current condition but have not deteriorated to the point that the Building Maintenance Code authorizes their demolition. These buildings are boarded up in order to prevent people from entering them and being injured, and also to protect the building from vandalism and arson. Even if the City could order it, the demolition of these vacant but structurally sound buildings generally is not in the best long-term interest of the City and its neighborhoods. Evidence of this is given by the large number of houses that have been demolished over the years and not replaced due to the housing August 28, 1989 Page 2 market economics of their location, and also by the large number of houses that have sat vacant for years but eventually been renovated. However, as time passes and deterioration increases, the cost of renovation can become quite high. The housing market of the neighborhoods where houses tend to be vacated limits the extent of repairs that can be made profitably. The house may become economically infeasible to repair before it becomes technically unsound. The 1988 report to the City Manager by the Housing Development Strategic Plan Task Force found that an effective strategy regarding housing deterioration and abandonment should key on critical early intervention, first to prevent houses from falling into disrepair and vacancy, and second to expedite repair of those that do. The following initiatives are on- going now to address some of the Task Force's numerous suggestions regarding this strategy: 1) Code enforcement and monitoring of vacant houses, to keep them closed and protected until repair and reuse (Goal 4, Objective A, Activity 2). The City ordered and achieved the boarding up/securement of 90 buildi]lgs last fiscal year. 2) Vacant House catalog, to market vacant houses to parties willing to buy and repair them (Goal 4, Objective A, Activity 5). Consistently, about one-third of the houses publicized in each edition of the Catalog are sold and repaired. The 6th edition will be published in early September, 1989. 3) A variety of programs currently approved or funded which provide subsidies for rehabilitation, using federal, state and private funds (4/B/2 and 5; 6/A/l; 7/A/1 and 2). Last fiscal year, approximately 93 houses received repairs totalling approximately $807.000. In the current fiscal year, the City will participate in approximately 15 programs already approved or funded, offering rehabili- tation subsidies to more than 200 buildings, totalling in excess of $2 m~llioD. There is also the potential of several additional subsidy programs. These additional financial subsidy programs alone strain the limits of the city's administrative resources. 4) Directing rehabilitation subsidies from some programs in conjunction with substandard properties identified through Code Enforcement activities (7/A/4.) August 28, 1989 Page 3 5) Providing counseling and basic instruction regarding home maintenance and repair to all homeowners participating in the City's rehabilitation subsidy programs e.g. Critical Home Repair (6/B/l). Proposal 2: That rental property be registered with the City and have a code inspection every two years. Assessment -- Registration: Virginia law does not generally grant the City any authority to require registration of rental property per se. State law only requires an out-of-state owner of four or more rental units in the City to have a designated agent residing in and maintaining a business office in the Commonwealth, and to record this agent in the Court Clerk's office in the jurisdiction where the property is located. Various records of the City indicate the owner of each individual property but do not categorically distinguish rental properties from owner-occupied properties. Inspections: Neither does State law grant the City any authority to require periodic inspections or any type of mandatory Certificate of Occupancy (i.e. without the consent of the owner). At the request of the 1979 City Manager's Housing Rehabilitation Task Force, the City Attorney advised in 1981 that such a mandatory program would be illegal, at least in the absence of the authority to housing inspectors to obtain administrative search warrants. The City's 1981 Legislative Package sought but failed to get such authority from the General Assembly. Proposal 3: That incentives e.g. tax breaks, be provided to commercial businesses to invest and stay in older communities as Southeast. such Assessment -- Currently there are no subsidy programs of any kind offered by the City designed ~ to assist or encourage neighborhood businesses. However, there are some activities that may benefit such neighborhood commercial or service businesses. While designation of the EnterDrize Zone is oriented generally toward industrial and large commercial ventures, small businesses located within the Zone can be certified to receive Zone benefits as easily as large companies. The Western Virginia Revolving Loan Fund, to which the City has committed $33,333 in CDBG funds, also is set up principally for sizeable industrial and commercial ventures, although there may be some exceptions. The property tax abatement pro,ram for rehabilitated buildings applies to commercial uses in addition August 28, 1989 Page 4 to residential and industrial uses, which might provide some help to a business in a building needing substantial repairs. "Roanoke Vision" calls for nei~hbo~hQo~ commercial strategies to be developed in the context of overall plans for individual neighborhoods, and that these neighborhood commercial plans be integrated into the city's economic development strategy. Also, formation of neighborhood business associations is recommended as a principal means of strengthening existing neighborhood commercial enclaves. This has occurred in several communities, including the Williamson Road, Melrose-Peters Creek, and Grandin Village areas. Proposal 4: That more efforts be made to publicize the variety of funds and programs available to buy or repair homes. Assessment -- Whenever a program goes on-line for the general public, press releases are prepared, in addition to legal notices if required. The news media have been very helpful generally in doing feature stories about such new programs. In addition, neighborhood associations registered with the Neighborhood Partnership are notified and asked to spread the word among their membership, so that potential beneficiaries in the community may know of the programs available. When invited City personnel speak at neighborhood meetings to explain program options and home ownership and repair generally. It seems current marketing efforts are adequate, because it is rare when a program offering attracts too few applicants to use all funds allocated to it. Frequently, in fact, there are so many applicants that the administrative processing gets behind, and many deserving applicants are disappointed that there is not more help available. This is particularly true of the more attractive grant programs, e.g. Critical Home Repair. The programs of assistance available for housing vary constantly, depending on periodic awards of funding and the scheduling of programs through the year so as not to overload administrative capacity. Accordingly, a single listing of programs available must be updated frequently so as to be generally accurate and current. Some programs might be designed to be targeted to specific small areas, or even to specific properties e.g. Home Purchase Assistance Program. Of course, publicity for these programs are and will be oriented to those areas in which they are available and to those citizens that may qualify. In addition, the Housing Development Office and the Redevelop- ment and Housing Authority perform a significant amount of individual counseling in person and to callers interested in August 28, 1989 Page 5 buying a home or investment property, or in repairing their own home. Such contacts allow staff to direct the citizen specifi- cally to options available for his/her specific circumstances. Unfortunately, frequently citizens do not know what office of the City to contact for this type of assistance. III. Summary and Conclusions: Mr. Franklin is insightful in identifying vacant and deteriorating buildings as significant liabilities in residential neighborhoods. Unfortunately, there are two major classes of restrictions that limit the City's options to respond to this situation: First, current State law limits what the City may do, e.g. order a vacant building repaired or demolished within a given time, regardless of its structural condition, or licensing residen- tial rental business; and Second, limited staff resources and program subsidies limit how much the City administration can do within that allowed by the law, e.g. voluntary inspections of occupied rental units, counseling and technical assistance, helping neighborhood commercial districts organize for support and improvement. R~esp~c~lly submitted, W. Robert Herbert City Manager Attachment WRH/HDP/hdp cc: Assistant city Manager City Attorney Director of Finance Commissioner of Revenue Director of Public Works Building Commissioner Chief, Community Planning Chief, Economic Development Housing Development Coordinator Grants Monitoring Administrator Neighborhood Partnership Coordinator Mr. Roger Franklin, 733 Murray Ave. SE 733 Murray Avenue, S. E. Roanoke, virsinia 24013 April 5, 1989 The Honorable Mayor and Members of the City Council 215 Church Avenue, S. W. Roanoke, VirEinia 24016 Subject: Proposals for Neighborhood Revitalization Dear Honorable Mayor and Members of City Councll: It is hereby requested, if consistent, that I have an opportunity to present several proposals at your stated council meetin~ April 17, 1989. It is my undecetandin~ that one or two of the followin~ proposals will need Intervention by the State of Virginia. Proposals are as follows: Proposal 1: Buildln~ Code: Chan~e the code that allows boarded up houses and buildings to remain in that condition for ever after bein~ condemned or any other reason. This should be only a temporary solution until the property owner or owners can brin~ it up to buildin§ code standards or razed, i.e., six (6) months to a year. Reason For Proposal 1: 1) To sive the buildln~ inspectors some tools to work wi~h after a buildin~ is condemned or abandoned. As the code reads now, that is as far as they can 2) ~) So the neishbors will know it will be taken care of in the allotted time, therefore, will not have to keep the buildin~ inspectors busy talkin~ on the phone about the buildin~ or house. Will not cause more blight due to a homeowner next door or in that block knowln§ his house has been devalued, maybe forever, and not investin~ money in his property or ~ettin~ dis~usted and movin~ out of the neighborhood thereby causin~ another cycle of the same. Businessmen, lawyers and doctors may want to invest in their offices in these neighborhoods if they know property values will not decline. This may keep the few we now have f~om moving to Vtnton or Salem as some have already done. 5) This will also save money from the Community Development Pro§ram. Until you have the tools to rid the blight that is now there, you are puttinE $ood money after bad and will never be enou§h or enough buildinE inspectors to do the job. The Honorable Mayo~ and Hembers of the City Council April 5, 1989 Page Two Proposal 2: Rental Property: Rental property, other than the one the owner lives in, should be required to register with the city and have a building code inspection at least every two years. Reasons For Proposal 2: 1) Landlords livin~ out of the neighborhood, maybe even out-of-state, are in the business for profit and not for the concerns of the neiEhborhood unlike a homeowner that lives in the neighborhood. z) If landlords know they will have to spend money to keep their property up to building and health code =eEulations or have it razed in six (6) months to a year, it may become unprofitable and sell to a homeowner that will. 3) Tenants may not complain about the property for fear of retaliation by the landlord. Proposal 3: Businesses: Businessmen, doctors, lawyers, restaurants and stores should have an incentive to invest and stay in an area as Southeast. This is now being done with the CDBG funds in the Northwest area. The city should give a tax break for a number of years in these areas. Reasons For Proposal 3: 1) To increase value of property in the neighborhood. 2) Bring more people into the area to buy from the stores, restaurants, and possibly inturn, these people may invest in a house or business. Proposal Funds: Hake more effort to let the people know about the different funds available to buy or fix up their homes, i.e., how and where to apply. This could be done by mail, public announcements on TV and radio or all of the above. Reason for Proposal 1) Everyone that needs to know will receive the message. I would llke to say that I believe in economic development and neishborhood revitalization for they ~o hand-in-hand. As for Roanoke City, neiEhborhood revitalization is a must for where in Roanoke is a person to buy land to build a house? It is in these revitalization areas or out of the city. The Honorable Mayor and Members of the City Council April 5, 1989 PaEe Three In my opinion, to see all these boarded up houses and buildin§s as I drive in the Southeast, Northeast and Old Southwest areas of the city is one bi§ reason for the lack of interest from the county in the consolidation talks now ~olng on. To my knowledge, thls is unheard of in Vinton, Salem and Roanoke County. This could be one of the reasons for business moving there. From what I read in the papers, I believe each of you are committed to Neighborhood Revitalization and not for one area but as a city as a whole. What effects one area in some ways effects all areas of the city. If there is not more action taken today where it is needed, tomorrow it may be in another area. All it takes is one or two boarded up houses or buildings in a neighborhood. I ask each of you to ~ive these proposals due consideration and hopefully act upon them in a positive way. Please note that I presented these proposals to the April 4, 1989 meeting of the Southeast Action Forum. Their support was given to me concerning these proposals. Thank you in advance for your consideration and cooperation. Sincerely yours, Roger E. Franklin cc: Mr. Hillard Lantz, President Southeast Action Forum Office of the City Clerk August 30, 1989 Fi le #66 Mr. W. Robert Herbert City Manage. Roanoke, Virginia Dear Mr. Herbert: Your report with regard to complaints expressed by residents con- cerning stormwate, runoff from the Hicko.y Woods - Phase I Apartment Complex in the a.ea of King Street~ N. E.~ was before the Council of the City of Roanoke at a regula, meeting held on Monday, August 28, 1989. On motion, duly seconded and adopted, the repo.t was received and filed. Sincerely, Mary F. Parker, City Clerk MFP: .a pc: Mr. & Mrs. Mann, 3334 King Street, N. E., Roanoke, 24012 Mr. William F. Clark, Director of Public Works Mr, Charles M. Huffine~ City Engineer Mr. John R. Ma.lles~ Chief of Community Planning Virginia Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Honorable Mayor and City Council Roanoke, Virginia Roanoke, ~Virginia August 28, 1989 Dear Members of Council: Subject: City Manager's Informational Report Storm Drain Complaints by Residents Near Hickory Woods Apartments - King Street, N.E. I. Background: Citizens appeared before City Council on June 12, 1989 and expressed concern about stormwater runoff from the Hickory Woods - Phase I Apartment Complex. City personnel (Engineering and Planning) visited the area and talked with some of the adjacent residents and the deve- lopers of the Hickory Woods Apartments. II. Current Situation: mo Apartment site development complies with current soil and erosion control regulations in that all stormwater runoff from the apartment site flows through an on-site detention basin outletting into the City storm drain system in Orange Avenue. No outflow enters King Street. Vacant property, adjacent to the Phase I site, now grass covered, is contributing to the King Street problem. The rest is caused by the fact that King Street lies in the floodway fringe of the Glade Creek tributary through this area. C. June 13, 1989, the following stormwater mitigating improve- ments were made. 1. Three (3) small detention basins were installed on the undeveloped property. 2. Earth berm was built across the entrance to the reseeded construction road used for access to Phase I. 3. Entire area was reseeded. Page 2 III, Hickory Woods developers have (1) reinstituted a $4~800.00 bond to guarantee that the problems will be corrected to the satisfaction of the City; and (2) have agreed to participate in replacing the City storm drain under King Street that causes some backup in the road- side ditch should that be determined as necessary in the future. Summary: City has regraded the roadside ditch along King Street, N.E. to facilitate proper drainage flow. The developers have moved quickly to correct stormwater problems associated with the Hickory Woods - Phase I development and have posted guarantees. The developer is to be commended for his com- munity spirited reaction to the concerns expressed to City Council by adjacent residents. Respectfully submitted, W. Robert Herbert City Manager WRH/CMH/mm City Attorney Director of Public Works City Engineer Agent, Planning Commission Mr. and Mrs. Mann, 3334 King Street, N.E., Roanoke, Virginia Office of the City Clerk August 30, 1989 File #280-109 Mr. William L. Brogan Municipal Auditor Roanoke, Virginia Dear Mr. Brogan: Your report submitting the Annual Report of the Municipal Auditor's Office for the year ended June 30, 1989~ was before the Council of the City of Roanoke at a regular meeting held on Monday~ August 28~ 1989. On motion~ duly seconded and adopted~ the Annual Report was received and filed. Sincere ly, Mary F. Parker, City Clerk MFP: ra Rqom456 MunicipalSuilding 215Church Avenue, $. W. Roanoke. Virginia 24011 (703)981-2541 CITY OF ROANOKE Inter~eDartment DATE-' ~nqnst ~4 ~ ~989 Attached are copies of the Municipal Auditor's Annual Report for the year ended June 30, 1989. Please include this report in the consent portion of the August 28, 1989 City Council agenda. Thank you. ewb '~ ? "' !/,' [' ~i ':?~ Municipal Auaitinq August 1, 1989 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: ANNUAL REPORT FOR YEAR ENDED JUNE 30, 1989 IN ACCORD WITH CHARTER SECTION 25.2(e) The goal of the City of Roanoke Municipal Auditing Department is to minimize, in the most cost/efficient manner, the City's potential losses that can be affected, directly or indirectly, by audit activities. These audit activities are designed to support City Council's goal that "Our government shall be open, accountable, efficient, courteous, sensitive, equitable, and honest to the community and itself." During the year ended June 30, 1989, we provided professional audit coverage of the City's financial activities by monitoring and evaluating the systems of internal controls, including computer-based systems, to determine that the systems are appropriately designed and functioning as planned. Recommendations were made to correct any deficiencies in accounting controls encountered and technical assistance to implement these recommendations was provided. P. O. Box 1091 215 Church Avenue, S.W. Roanoke, Virginia 24005 (703) 981-2644 Honorable Mayor and City Council Page 2 August 1, 1989 The attached printout from our microcomputer planning and time accountability system summarizes our audit activity for FY-89, the first year of our 1989-1992 Audit Plan. Significant audit activity completed during FY-89 included: External Audits - 1,719 audit hours were used to maintain the City's excellent financial reporting credibility and to ensure compliance with statutory audit requirements. In achieving this objective, we assisted City Council in obtaining a new four-year external audit contract; coordinated the independent public accountant's audits of the financial statements of the Greater Roanoke Transit Company, the City Pension Plan, the Single Grant Audit, and the City Comprehensive Annual Financial Report; performed the annual financial audits of the 31 City School Activity Funds and their Central Investment Fund; and assisted the Virginia Auditor of Public Accounts in the audits of the local courts' financial activities. Internal Audits - 2,861 audit hours were used to determine that controls in existing financial systems were functioning effectively to prevent inaccuracies, irregularities, or willful manipulations. In achieving this objective, we evaluated the causes of exposure and controls in effect in the Internal Services Fund, the EDP Operations Center, and the main frame computer teleprocessing monitoring system; examined and evaluated statistically selected samples of revenue and expenditure transactions occurring both inside and outside the central control system; and determined the factual situation for allegations of suspicious activities and other fraud indicators. Technlcal Assistance - 959 audit hours were used to promote improvements to the City's manual and computer-based financial accountability systems. In achieving this objective, we maintained our high level of technical electronic data processing expertise so that we can continue to use micro and main frame productivity benefits; followed up and assisted in implementing the 24 recommendations for improvement which were pending at the beginning of the year and in implementing the 110 recommendations which resulted from our current-year audit work; and reviewed new systems in development to provide advice on internal control questions. Honorable Mayor and City Council Page 3 August 1, 1989 The quality and results of our audit activities have been evaluated by the City's independent accountants, Federal grantor agencies, and the Virginia Auditor of Public Accounts. Each evaluation concluded that the competence, objectivity and performance of the Municipal Auditor's office is on the highest professional level. I will be pleased to provide you with any additional information regarding our plans or audit results at your conveRlence. Respectfully, William L. Brogan Municipal Auditor ewb City of Roanoke, Virginia MUNICIPAL AUDITING DEPARTMENT SCHEDULE OF FY-89 ASSIGNED AUDIT HOURS ASSIGNMENT TYPE/NUMBER/NAME EXTERNAL AUDITS: 004 Airport Audit 035 Grants Fund 203 Comprehensive Annual Financial Report 205 Greater Roanoke Transit Company 317 Employee Retirement System 602 Central Investment Fund 650 School Activity Funds - General 699 School Activity Funds Individual 701 City Council Audit Committee 727 Clerks of Courts TOTAL EXTERNAL AUDITS INTERNAL AUDITS: 006 Internal 102 206 209 212 214 215 314 361 365 372 603 714 717 721 799 Services Fund Procurement Cycle Non-departmental Revenue City-wide Transactions Independent Cash Funds City-wide Results of Transactions Block Substantive Testing Warehouse Inventory System EDP Operations Center Security of Programs and Data CICS Teleprocessing Monitoring System School Workers Compensation Fund Citizens' Services Committee Parks and Recreation Department Special Welfare Fund Special Assignments TOTAL INTERNAL AUDITS TECHNICAL ASSISTANCE: 201 Mainframe Data Access 210 Audit Recommendation Follow-up 351 Microcomputer Utilization 364 Information Systems Advisory Committee 601 School System 703 City Manager 705 Finance Department 795 New Systems Under Development 798 Constitutional Officers TOTAL TECHNICAL ASSISTANCE BUDGET HOURS 25 20 230 5O 5O 50 194 450 220 290 1,579 150 50 250 225 100 130 50O 5O 100 300 419 50 50 300 0 200 2,874 100 100 150 5O 50 100 250 200 100 1,100 ACTUAL HOURS 8 22 198 49 39 38 256 607 241 261 1,719 120 42 262 247 101 65 506 17 132 295 459 2 49 357 12 195 2,861 118 67 142 39 58 119 209 99 108 959 TOTAL ASSIGNED AUDIT HOURS 5,553 5,539 Office of the City Clerk August 30, 1989 File #15-230 Mr. Timothy L. Jamieson, Chairman Roanoke Arts Congnission 6857 Sugar Rum Ridge Roanoke, Virginia 24018 Dear Mr. Jamieson: This is to advise you that Ms. Melody S. a member of the Roanoke Arts Co,,~lission ending June 30, 1992. Stovall has qualified as for a term of three years. Sincerely, Mary F. Parker~ City Clerk MFP:ra pc: Ms. Joyce A. Sink, Secretary, Roanoke Arts Commission Room 456 MunicipaIBuilding 215Church Avenue. S.W. Roanoke. Virginia 24011 (703)981-2541 0-2 Oafh or Affirmation of O fiCe '89 ~23 ?'~1 $~ato o~ 17irglnia, Oit~ o~ Roanol~e, to .~: , do solemnly swear (or ~) ~t I wgl sup~ the Constitution of the United ~tem, ~nd the Constitution of the State of Virginia, ~nd ~t I wgl f~ithfully and impa~ially discharge and perform ~11 the duties incumbent u~n me as according to the best of my ability. So help me God. ~ ~ ~' Subscribed and sworn t , ' --- -- ~ ~ 0 ~~/~ :, Deputy Clerk Office of the City Clerk August 30, 1989 File #15-304 Mr. Joe Brown 1744 - 20th Street~ ~. E. Roanoke, Virginia 24012 Dear Mr. Brown: Your corrgnunication tendering your resignation as a member of the Youth Services Citizen Board, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. On motion, duly seconded and adopted, the communication was received and filed and the resignation was accepted with regret. The Council requested that I express sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Board. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of City Council. Sincerely, Mary F. Parker, City Clerk MFP: ra Enc. pc: The Reverend Ulas S. Broady, Chairman, Youth Services Citizen Board, 2204 Lynnhope Drive, N. W.o Roanoke, Virginia 24017 Mrs. Marion V. Crenshaw~ Youth Planner Room456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)g81-2541 Office of the City Clerk August 30, 1989 File #15-488 Mr. James B. McCloskey 2920 Avenham Avenue, S. W. Roanoke, Virginia 24014 Dear Mr. McCloskey: Your eongnunication tendering your resignation as a member of the Roanoke Neighborhood Partnership Steering Committee, was before the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. On motion, duly seconded and adopted, the corrgnunication was received and filed and the resignation was accepted with regret. The Council requested that I express sincere appreciation for the many services you have rendered to the City of Roanoke as a member of the Corr~nittee. Please find enclosed a Certificate of Appreciation issued by the Mayor on behalf of the Members of City Council. Sincerely, Mary F. Parker, City Clerk MFP:Pa Eno. pc: Mr. William J. Rand, III, Chairman, Roanoke Neighborhood Partnership Steering Committee, 3571 Mudlick Road, S. W., Roanoke, Virginia 24018 Ms. Stephanie A. Fowler, Neighborhood Partnership Coordinator Room 456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 ~lk ~,~h~r~ Cc~,!~Or~lcfn Ld~v/Del~rtment 8 North Jefferson Street Roanoke, Virginia 24042-0041 703 981-5651 James B. McCloskey General Attorney July 20, 1989 Mr. William j. Rand Roanoke Neighborhood Partnership Room 355, Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 Dear Bill: As you know, I, along with the rest of the Roanoke Law Department, have been asked to take up residence at the company,s headquarters in Norfolk. The McCloskeys will be moving the week of August 7. In light of this move I must, with great regret, tender my eslgnatlon as a member of the Steering Committee effective August 1, 1989. Very truly yours, James B. McCloskey cy: Ms. Stephanie A. Fowler RNP. LET Operating Subsidiaries: Norfolk and Western Railway Company/Southern Railway Company/No~h Arnerican Van Lines, Inc. Office of the City Clerk August 30, 1989 File #76 Mr. W. Robert Herbert City Manager Roanoke, Virginia Mr. Wilburn C. Dibling, City Attorney Roanoke, Virginia Gentlemen: I am attaching copy of documents submitted by the Vatleywide Anti-Drug Association in connection with a program known as "Walk Against Drugs" sponsored by the Association in cooperation with the City Manager's Drug Strategy Task Force, which documentation was before the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. On motion, duly seconded and adopted~ the matter was referred to you for preparation of the proper measure in support of the program. Sincerely, Mary Fo Parker, City Clerk MFP:ra pc: Sergeant David B. Clayton, Chairman, Valleywide Anti-Drug Association, P. O. Box 13802~ Roanoke, Virginia 24022 Sergeant A. B. S. Clary, P. O. ~ox 13802, Roanoke~ Virginia 24022 Room 456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Valle ide Anti-Drug Association P.O. Box 13802 Roanoke, Vir§inia 24022 August 22, 1989 Roanoke City Clerk 315 W. Church Ave. Roanoke, Va. 24011 Dear Madam: The enclosed information describes the nature of the "Walk Against Drugs" sponsored by the Valleywide Anti-Drug Association in cooperation with the Roanoke City Manager's Drug Strategy Task Force. In order to encourage the citizens of Roanoke City to participate we request that City Council adopt a resolution in support of our program. The counties of Roanoke, Craig, and Botetourt; in addition to the City of Salem and the Town of Vinton have already adopted resolutions. Sergeant A.B.S. Clary of the Roanoke Police will be in attendance at council'S August 28, 1989 2:00 p.m. meeting. Please include him on the agenda so that council may be briefed in more detail. Please feel free to contact me prior to that date if you require additional information. David B. Clayton, Chairman Attachments. Ch~lmmn V~:~(~,n ,~z~.~ David Clayton Frances J~mnln~s Nancy Mowry In Cooperation with The City Manager's Drug Strategy Task Force VA~.T~YWIDE ANTI-DRUG ASSOCIATION R~?.?.Y AGAINST DRUGS IN Case Statement '89 According to a recent article in JAMA, drug abuse in the United States is implicated in one third to half of lung cancers and coronary heart disease in adults and in the majority of violent deaths (homicides, suicides, and accidents) in youths. The Roanoke Valley is a community at risk. No longer do our beautiful mountains insulate us from what many of us once considered an urban dilemma. Already, we are experiencing the effects of drug abuse. Our young people are dying. Our number of AIDS cases is steadily increasing. Our incidents of violent crime are becoming more frequent. If we do not stop the flow of drugs coming into our Valley, we will soon be a community at war. And it may well be a war that we cannot win! The media has shown us all too graphically what happens to communities taken over by drugs. Homicides, armed robberies, domestic violence, battered and neglected children and short staffed law enforcement and social service agencies are every day problems these cities must cope with in their efforts to combat the threat. Perhaps the most poignant reality of drug abuse are the addicted babies born to addicted mothers, many of whom are permanently damaged with no place to go except public institutions. Recent events in Roanoke have shown us what can and is happening here. Crack has already left its mark on our streets. And crystal is on the way. The only real difference between Roanoke and large cities is that we can still put names to the victims. The war in Roanoke is not over yet. We as 'a community still have a chance to say "NO" to the suppliers and dealers. We still have a chance to say you can't take over our streets and destroy our children's lives. But the time is now. To mobilize our community to action, a grass roots effort has begun, spearheaded by Sergeant David Clayton of the Roanoke City Police Department. Members of area agencies, civic and service organizations, and local churches have joined together to form the Valleywide Anti- Drug Association. The Association in cooperation with the City Manager's Drug Strategy Task Force is planning a mass rally on September 16, 1989 to focus public attention on this issue. We believe that as a first step in the war against drugs, it is essential that we make the community aware of the seriousness of the growing threat and to elicit a Valleywide commitment to developing meaningful solutions to the problem. Valleywide Anti-Drug Association Membership Roster David Clayton .......... Roanoke Police (w)SB1-2~33/(h)366-1966 gai! Candis/Louis Brown ..... Gainsboro YMCA (w)345-0233 Vera Young ........... Alpha Kappa Alpha Sorority Inc. (w)SBl-~S78/(h)977-~86 Johnetta Penn .......... REA/Zeta Phi Betta Sorority Inc. (h)34~-5163 Stu Schwarzer .......... Boy Scouts oF America (w}26S-Og56 Joe Rains .......... First Baptist Church (3rd. St.) (w)g82-6~81 Stalls Carpenter/Mary Wsddell -Delta Sigma Thets Sorority Inc. Carpenter (h)SS3-~789/Waddeil (h)S63-SSB7 Rose Cochran .......... United Way (w)345-7351 Mary King ............ RAYSAD (w)S~7-7473 Donne Norviile ......... City Mgr. Drug Task Force (w)SB1-~S89 Kenneth Wright/Dariene Johnson - First Baptist Church (Jeff. St.) (w)98~-124~ Curtis FitzgeraId ........ Lions o~ Virginia (w)SBS-9133 Nancy Mowry · - .......... American Red Cross (w)9S5-3511 Nine Bolden/Fredrick Bolden - - -Links, Inc. (h)349-B43~ (w)Nina 981-~83D Skip Ounlap .......... Omega Psi Phi Fraternity Inc. (w)981-~344 Dennis Williams ........ (h)~6~-1014 Coniey Saunders ......... Aicohci Safety Action Program (w)3S9-~526 Julia OrndorF .......... Roanoke Jaycees (h)SSS-O4O~ Frances Jennings ........ Virginia Skyline Girl Scout Council (h)36~-065~ Harriet Lewis ....... - - -NAACP, Roanoke Chapter (h)S~9-4BSI Smitty Clary ......... ~o~>~ Pe~ Brenda Powell .......... AKA Virginia Harden ....... RAYSAC G MHSW Margo Kiely .......... MHSRV Rick L~pauhino ......... Additions ~ Cognitive Therapy Services Membership Cindy Farmer-Branscom .... WSLS (w)S8~-S~O (h)345-3448 8erie Oouglas ........ Oabney S. Lancaster C, C, Deborah Lyman .......... Wm. Fleming High School 8ob Lynn ............ Lewis Gale Hospital Carol Lynne Fields ....... Salem Education Association Emma Hopkins ........... Delta Sigma Thelta Sorority Arlene Wilhelm ......... Virginia Skyline Girl Scout Council Committees ~oute, ~ally, Facilities-Chairperson, Oonna Norvelle Participate/Volunteer S Services-Chairperson, Rose Cochran Promotions, Media S Publicity-Chsirperaon, Brenda Powell Fund Raising-Chairperson, A.B.$. (Smitty) Clary Finance-Chairpemson, David Clayton Speaker, Program-Chairperson, Nina Bolder T-shirts-Chairperson, Frances Jennings Committee Counsel: Laban Johnson, City Committee Adviaor~ Chester L. Smith, Attorney at Law (w)~42-2000 o~ Roanoke Special Events, Coordinator (w)981-2BB9 A Beauti[ulBeginning COUNTY ADMINISTRATOR F'LM~'R C. HODGF' July 27, 1989 BOARD Of SUPERVISORS LEE GARRETT. CHAIRMAN RICHARD W. ROBERS VICE-CHAIRMAN BOB L JOHNSON STEVEN A MCGRAW HARRYC NICKENS Sgt. David B. Clayton Valleywide Anti-Drug Association Roanoke City Police Department 309 Third Street, S. W. Roanoke, Virginia 24011 Dear Sgt. Clayton: Attached is a copy of Resolution No. 72589-13 supporting the goals of the Valleywide Anti-Drug Association. 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 Sincerely, Mary H. Allen, Clerk Roanoke County Board of Supervisors F~.O. BOX 29800 - 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 72589-13 SUPPORTING THE GOALS OF THE VALLEYWIDE ANTI-DRUG ASSOCIATION WHEREAS, increased crime, children is not WHEREAS, the Roanoke Valley is in the use of drugs, and the negative results domestic violence limited to any one shared by all localities; and WHEREAS, solutions to the serious through a commitment of many agencies experiencing an increase of drug usage such as and battered and neglected locality but is a problem problem must be found and citizens, working together to eliminate this threat to our communities. THEREFORE BE IT RESOLVED that the Board of Supervisors of Roanoke County, Virginia supports the efforts of the VALLEYWIDE ANTI-DRUG ASSOCIATION and its public awareness program. FURTHER, The Board of Supervisors of Roanoke County, Virginia wishes to express its appreciation to this organization for focusing attention on this very serious problem. On motion of Supervisor Garrett, seconded by Supervisor Robers, and upon the following recorded vote: AYES: Supervisors Johnson, Robers, McGraw, Nickens, Garrett NAYS: None A COPY TESTE: 7/26/89 CC: File David B. Clayton, en, Clerk Roanoke County Board of Supervisors Valleywide Drug Anti-Drug Association August 25, 1989 Ms. Mary Parker: Pursuant to rny telephone conversation with Ms. Gall Scott, Secretary, Relish Realty. Please reschedule their request to present information regarding condemnation of the former A & P Building iocated at 28 East Salem Avenue, for the City Councii meeting to be held on September 11, 1989 at 7:30 pom. Katy Paredes August 22, 1989 CITy MARKET ANTIQUE MALL 28 E. SALEM AVE. ROANOKE, VA 24016 981-0670 Dr. Noel C. Taylor Mayor 215 Church Ave SW Roanoke, VA 24016 Honorable Mayor Taylor and Respected Members of City Council, Relish Realty does hereby respectfully request a place on the docket for your next City Council Meeting for the purpose of presenting information on the condemnation of the old A&P building located at 28 E. Salem Avenue in Roanoke, Virginia. Signed petitions will be part of the information we wish to present. Thank you for your time and consideration in this matter. Respectfully, Partner Partner Office of the City Clerk August 30, 1989 File #76-121 Mr. W. Robert Herbert City Manager Roanoke~ Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29731-82889 authorizing the purchase of an ADX Abused Drug Analyzer, upon certain terms and conditions~ from Abbott Laboratories in the amount of $20,000.00, and further authorizing the proper City officials to execute a Customer' Incentive Agreement in the amount of $10~500.00, with Abbott Laboratories. Ordinance No. 29731-82889 was adopted by- the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, City Clerk MFP:ra Enc. pc: The Honorable W. Alvin Hudson, City Sheriff Mr. George C. Snead~ Jr., Director of Administration Public Safety Mr. Barry L. Key, Manager, Management and Budget and Roorn456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29731-82889. AN ORDINANCE authorizing the purchase of an ADX Abused Drug Analyzer, upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to exe- cute a Customer Incentive Agreement with Abbott Laboratories; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The proposal of Abbott Laboratories made to the City to provide an Abbott ADX Abused Drug Analyzer for $20,000 and to enter into a Customer Incentive Agreement to provide certain training and maintenance service on the analyzer, along with related tests, equipment, and disposals, all as more particularly set forth in the City Manager's report to Council dated August 28, 1989, for the cost of $10,500, 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 agreement with the suc- cessful bidder, based on its proposal made therefor and the City's specifications made therefor, said agreement 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, execution of such agreement to be sub- Ject to approval of the appropriate supporting documents. 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 August 28, 1989 Honorable Mayor and ~ty/C~t1~ :: Roanoke, Virginia Dear Members of Council: Subject: Drug Testing of Pretrial Felons Grant Program Purchase of Drug Analyzer and Reagent Agreement I. BackKround: ao Roanoke City Sheriff's Department was chosen by the Con~nonwealth of Virginia State Crime Commission as the pilot site for a Drug Testing of Pretrial Felons program to be administer by Sheriff Alvin Hudson. City Council authorized the City Manager to execute the grant application from the Cox~nonwealth of Virginia Department of Criminal Justice Services providing for the Drug Testing of Pretrial Felons program on July 24, 1989. Grant application was approved by the Commonwealth of Virginia Department of Criminal Justice Services for the Drug Testing of Pretrial Felons program in the amount of $67,670. Major George McMillan contacted representatives of the two largest drug testing companies Abbott Laboratories and Hoffmann-La Roche Incorporated, to determine which company could provide the equipment and supplies to meet the requirements of the program; costs of the equipment; reliability of the tests required to be performed on each felon; etc. in order to prepare the original grant application. These are the only two companies to our knowledge who can provide the Sheriff's Department with a means to perform drug testing on site as mandated by the program. Types of dru~ tests which are offered by the two companies and can be performed on site are: Abbott ADX Abused Dru~ Analyzer which performs seven (7) different types of drug tests at the same time per screen to determine if a person has any one of the different types of drugs in their system, the level of each type of drug contained in the persons system, and provides a printed document of the test results for each person as a permanent record for use in court or for analytical purposes. This system would require few alternate chemical tests by a laboratory to obtain a confirmed analytical result should the test results be positive for a drug. Page 2 o Roche Abuscreen Ontrak Drug Screen performs one test for one type of drug at a time or seven separate tests must be performed on each person. This screen not only requires you to perform seven individual tests per person but only tells whether the person tests positive or negative for the one test. It does not indicate the level of the drug in the personts system nor provide a permanent record of the test results for use in court or for analytical purposes. Also, if one of the seven tests performed on an individual results in a positive reading for drug use, an additional chemical test will have to be performed by a laboratory to determine the level of the drug in the system and to confirm that the test was in fact positive. Roche indicated that one chemical test performed by a laboratory to confirm the results of the Roche Abuscreen Ontrak Drug Screen and provide documentation regarding the level of the drug in the person's system would cost an additional $18.00 minimum. This cost is in addition to already having paid for the seven Roche Abuscreen Ontrak Drug tests performed on the individual. Abbott ADX Abused Drug Analyzer was chosen for inclusion in the grant program description as the means to perform the required drug test screens on approximately 4,000 pretrial felons because it was the only drug screening process which could be done on site that fulfilled the requirements of the program. In addition, it was the most cost efficient manner of screening persons for drug use. Due to an error on the part of the sales representative when quoting prices to the Sheriff, the City of Roanoke can realize even further savings and obtain this analyzer for $20,000 - $3,000 below state contact price. In addition, all reagents, controls and calibrators to operate the analyzer will be furnished by Abbott for up to 4,000 screens or until July 1, 1990 for a flat fee of $10,500 $31,500 below the normal costs charged by Abbott for 4,000 screens. It must be noted that Abbott is the only source that can provide the reagents, controls and calibrators to operate their analyzer. Bid is a single source bid due to the fact that Abbott is the only drug testing laboratory which can provide the Abbott ADX Abused Drug Analyzer as well as the reagents, controls and calibrators to operate the analyzer. According to both representatives from A~bott and Roche, this analyzer is the only one of its type offered con~nerctally to perform drug tests as described herein and no other company offers an analyzer comparable or compatible to this analyzer. Also, according to both representatives, Abbott is the only source able to supply the reagents, controls and calibrators to operate this analyzer. Furthermore, it is the only known form of drug screening that will allow the Sheriff's Department to fulfil the mandates of the program. Page 3 City Code~ Section 23.1-6 (a) is as follows: Contracts may be entered without competition for goods, professional services, 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: Ao Compliance with the program mandates for testing pretrial felons for drug use upon commitment into the Roanoke City Jail and providing analytical results to the trial judge at the inmates' initial court hearing for consideration as a bail condition. B. Funding for the program. III. Alternatives are: Ao Purchase the Abbott ADX Abused Drug Analyzer for the amount of $20,000 from Abbott Laboratories and authorize the City Manager to execute a Customer Incentive Agreement with Abbott Laboratories to provide all reagents, calibrators, calibrations, controls, and miscellaneous materials for 4,000 seven test drug screens or until 3uly 1, 1990 as well as maintenance service until July 1, 1990 for the amount of $10,500. Compliance with the grant program mandates for drug testing of pretrial felons would be accomplished. 2o Funding for the analyzer and for the supplies to operate the analyzer are 100% reimbursable by grant funds. Not purchase the Abbott ADX Abused Drug Analyzer and not authorized the City Manager to execute a Customer Incentive Agreement to furnish the necessary reagents, calibrators, calibrations, controls, maintenance, and miscellaneous supplies necessary for its continued operation. Compliance with the grant program mandates for drug testing of pretrial felons could not be accomplished. Funding for the grant program would be lost and another site would be chosen to administer this program. IV. Recommendation is that City Council take the following action: A. Authorize the purchase of the Abbott ADX Abused Drug Analyzer for $20,000 from Abbott Laboratories. Page 4 WAH/gm CC: Authorize the City Manager to execute a Customer Incentive Agreement with Abbott Laboratories to provide training for one person at their laboratory in Texas at no cost to the City; provide maintenance service on the analyzer at no cost to the City until July 1, 1990; provide all reagents, calibrators, calibrations, controls, control tests, and miscellaneous disposables necessary to perform 4,000 seven test drug screens or until July 1, 1990 at a total cost of $10,500. lly submitted, W. Alvin Hudson City Sheriff City Manager Director of Finance City Attorney Director of Administration and Public Safety Budget and Systems giT'.,' - Roanoke, Virginia August 28, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mayor and Members of Council: I concur in the attached report concerning the drug testing of pretrial felons grant program. W. Robert Herbert City Manager WRH/ga Office of the City Clerk August 30, 1989 File #237 ,~r. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29732-82889 authorizing the City Clerk to advertise a public hearing before Council on Monday, September 11~ 1989~ at 7:30 p.m., with regard to the Roanoke River Flood Reduction Project. Ordinance No. 29732-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28~ 1989. Sincerely~ Mary F. Parker, City Clerk MFP: ra Eno. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine~ City Engineer Mr. Von W. Moody~ III, Director of Real Estate Valuation Room 456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF The 28th day of August, 1989. No. 29732-82889. ROANOKE, VIRGINIA, AN ORDINANCE authorizing a public hearing with respect to the Roanoke River Flood Reduction Project; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke that: 1. At the regular meeting of Council to be held at 7:30 p.m., on September 11, 1989, a public hearing shall be held in Council Chambers with respect to the Roanoke River Flood Reduction Project and the City Attorney is directed to cause appropriate public notice to be given with respect to such hearing. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia August 28, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Subject: Roanoke RLver Flood Reduction Project Notice of Public Hearing, Land Acquisition Dear Members of Council: I. Back~round: City, since the Flood of 1973, has been evaluating flood reduction alternatives. Flood reduction is an essential and needed project serving vital public purposes. B. Corps of Engineers (C.O.E.) proposed a flood reduction plan in 1984. C. Voters, in a referendum on April 11, 1989, voted to authorize $7.5 million for the City's share of the $34.5 million project. D. All known property owners were contacted and provided preliminary information prior to referendum. II. Current Situation: Initial federal funding amounting to $200,000.00 in new start money has been promised although not formally authorized for federal fiscal year 1989-90. Bo C.O.E. must expend initial funds prior to the end of this federal fiscal year which is September 30, 1990. This requires acquisition of all right-of-way for project by City before June 1990 to permit time for C.O.E. to take bids. Co C.O.E. may permit division of project into phases. This will allow C.O.E., if necessary, to bid the Flood Warning System first, which requires only five (5) sites, thereby extending the deadline for acquisition of all other parcels. D. ~and Acquisition must be preceded by a formal Public Hearing, pre- ferably prior to September 30, 1989. Page 2 Council must authorize the acquisition of 237 parcels of real estate, primarily perpetual easements, but, also several fee simple acquisi- tions. There is a possibility that other types of easements may be needed. These parcels are shown on the project General Design Memo- randum (GDM) maps. Authority to include the acquisition of five (5) sites for Flood Warning System and three (3) to five (5) disposal sites for fill material necessitated by project construction. The Flood Warning System sites and the "disposal sites" for fill material have not been specifically identified. C.O.E. requires formal right of access from the City to properties acquired by the City for the project thereby permitting construction, inspection, surveys and other C.O.E. activities necessitated by the project. III. Issues: A. Need B. Timfn~ C. Cost to City IV. Alternatives: A. Council authorize the following: i. A meeting date for a public hearing to initiate the acquisition process for the Roanoke River Flood Reduction Project. ii. The acquisition of easements and properties needed for the pro- ject by donation, negotiated purchase, or, if necessary condem- nation, as identified on the attached listing by owner and tax map number and as more specifically set forth and delineated on the GDM maps, copies of which are available in the Office of the City Clerk. iii. Access by the Corps of Engineers and their contractors to properties acquired by the City for the project for the pur- poses of construction, surveys, inspection and other related activities. 1. Need to begin property acquisition is met. 2. Timin~ to allow as much time as possible for acquisition pro- cess is met. 3. Cost to City is approximately 7.5 million dollars ($7,500,000.00). Page 3 Council not authorize the acquisition of properties needed for the Roanoke River Flood Reduction Project, schedule a public hearing regarding the project or provide access to such properties to C.O.E. 1. Need to begin property acquisition not met. 2. Timing to initiate acquisition as soon as possible not met. 3. Cost to City is moot. Recommendation: Authorize the City Clerk to advertise public hearing for September 11, 1989, in anticipation of authorizing the acquisition of properties needed for the Roanoke River Flood Reduction Project and auth- orize the City Manager, City Attorney, and other appropriate officials to take such actions as may be deemed necessary for such acquisitions in accordance with Alternative "A". W. Robert Herbert City Manager WRH/RVH/fm Attachments: Project Property Owner List cc: City Attorney Director of Finance Director of Utilities & Operations Director of Public Works City Engineer Director of Real Estate Valuation Roanoke River Flood Reduction Project Property Owners Owner: Owner: Owner: A E S Investment Company Aerial Way Corporation Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Appalachian Power Company Owner: Beard, R. E. Bogese,Stephen B.,II; ETALS Branch and Associates Inc Brant, Michael C. and Sarah J. Brown, Vivian R. Chadduck, Harry W., III and Shirley Bell Owner: Owner: Owner: Owner: Owner: Owner: Owner: City of Roanoke City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: Owner: Owner: Owner: Owner: City of Roanoke City of Roanoke City of Roanoke City of Roanoke City of Roanoke Tax No.: 5210710 Tax No.: 5220602 Tax No,: 4030305 Tax No.: 4030306 Tax No,: 4030602 Tax No.: 4031301 Tax No.: 4031302 Tax No.: 4031303 Tax No.: 4150103 Tax No.: 4150201 Tax No.: 4250101 Tax No.: 4250102 Tax No,: 4250103 Tax No.: 4040706 Tax No.: 5210709 Tax No,: 4250104 Tax No.: 4160313 Tax No.: 4160307 Tax No.: 4150702 Tax No.: 1040202-A Tax No.: 1040202-B Tax No.: 1040202-C Tax No.: 1040401-A Tax No.: 1040401-C Tax No.: 1121401 Tax No.: 1130901 Tax No.: 1140601 Tax No.: 1222301 Owncr: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: City of Roanoke Owner: Owner: Owner: City of Roanoke Water Department Coleman, Richard F. and Mirian L. Commonwealth of Virginia Owner: Commonwealth of Virginia Tax No.: 1222401 Tax No.: 1222402 Tax No.: 1230725 Tax No.: 1322024 Tax No.: 1322031 Tax No.: 4030616 Tax No.: 4030617 Tax No.: 4031304 Tax No.: 4031304 Tax No.: 4031306 Tax No.: 4040601 Tax No.: 4040602 Tax No.: 4150101 Tax No.: 4150102 Tax No.: 4150401 Tax No.: 4150501 Tax No.: 4150601 Tax No.: 4170201 Tax No.: 43301301 Tax No.: 4330601 Tax No.: 4330601 Tax No.: 4330616 Tax No.: 4330617 Tax No.: 4340101 Tax No.: 4340].02 Tax No.: 4350701 Tax No.: 40601.01 Tax No.: 4031406 Tax No.: 1041001 Tax No.: 1322029 Owner: Owner: Owner: Concrete Pipe and Products Company Constaste, Jacelyn Contracting Enterprises Owner: Custom Wood Products, Inc. Owner: Custom Wood Products, Inc. Owner: Cycle Systems Owner: Davis H. Elliot Company Inc. Owner: Duncan, Harold D. and Rose P. Owner: English, Norman E. and Corinna M. Owner: Fararooei, Esmaeil Owner: Fararooei, Esmaeil Owner: Fisher, Lelia G., ETALS Owner: Fisher, Lelis G., ETALS Owner: Fleet Finance Incorporated Owner: Fuel Oil and Equipment Company Owner: Owner: Owner: Owner: Owner: Owner: Owner: Hayes, George, Lewis P. Golden, Sam Graham, Lisa Thompson Gray, John E. and Elizabeth D. Hager, Earl J. and Julia D. Harrison, Mitchell W. and Mary L. Martha G. and David Firey Owner: Home Lumber Company, Owner: Home Lumber Company, Owner: Owner: Owner: Owner: Owner: Owner: Home Lumber Company, Home Lumber Company, Home Lumber Company, Home Lumber Company, Home Lumber Company, Hosey, James C., Sr. Inc. Inc. Inc. Inc. Inc. Inc. and Mary E. Tax No,: 1410226 Tax No.: 4040705 Tax No.: 1322010 Tax No.: 5210707 Tax No.: 5220606 Tax No.: 4030301 Tax No,: 4250302 Tax No.: 4151207 Tax No.: 4160309 Tax No.: 4040701 Tax No,: 4151206 Tax No,: 4151102 Tax No.: 4151101 Tax No.: 4160302 Tax No.: 1410203 Tax No.: 4031404 Tax No.: 1510105 Tax No.: 4030607 Tax No.: 4040503 Tax No.: 4031,t08 Tax No.: 4160301 Tax No.: 4151205 Tax No.: 1321204 Tax No.: 1321205 Tax No.: 1321206 Tax No.: 1321209 Tax No.: 1321212 Tax No.: 1321213 Tax No.: 1321324 Tax No.: 4030601 Owner: Owner: Owner: Owner: IDICO Industrial Development and Investment Industrial Development and Investment Industrial Development and Investment Owner: Johnson. Phyllis A. Owner: Jones, Robert Owner: Jones, Robert Owner: Jones, Robert Owner: Jones, Robert Owner: Owner: Owner: Owner: Maclean Owner: MacLean Owner: MacLean Owner: MacLean Owner: MacLean. Owner: MacLean Owner: Owner: Owner: Jones, Robert Jones, Robert Lipscomb, Fannie O. Linda Roland; Linda Roland; Linda Roland; Linda Roland; Linda Roland; ETALS ETALS ETALS ETALS ETALS Linda Roland;ETALS Marsh, Charles C., Jr. and Peggy Marsteller, Dudley L., Jr. and Emily R. Marsteller, Dudley L., Jr. and Emily R. Owner: Mason, Ernie W. and Diane W. Owner: McAllister, Robert Lee and Josie Owner: Miller, Eric R. and Margaret G. Mitchell, Moody, William B. Moody, William B. Moore, Clyde Norfolk Soutern Corporation Norfolk Southern Lawrence and Loraine and Hazel D. and Hazel D. Owner: Owner: Owner: Owner: Owner: Owner: Tax No.: 4250301 Tax No.: 4170101 Tax No.: 4170201 Tax No,: 4170202 Tax No.: 4030619 Tax No.: 4160409 Tax No.: 4160410 Tax No.: 4160411 Tax No.: 4160412 Tax No.: 4160413 Tax No.: 4160414 Tax No.: 4150301 Tax No.: 1321501 Tax No.: 1321502 Tax No.: 1420102 Tax No.: 1420103 Tax No.: 1420104 Tax No.: 1420101 Tax No,: 4160:311 Tax No.: 1040102 Tax No.: 1040:103 Tax No.: 4160314 Tax No.: 4160406 Tax No.: 4160316 Tax No.: 4030606 Tax No.: 4030612 Tax No.: 4030613 Tax No.: 4040507 Tax No.: 1410103-A Tax No.: 1410103-J Owncr Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Owner: Norfolk Southern Corporation Norfolk Southern Corporation Oberlin, Louise B. Oho, Yoshinobu and Aiko Ozaluk, Paul L. and Joan M. Pawlowski, Casmir A. and Norma J. Pawlowski, Casmir A. and Norma J. Persinger, J. Guy Owner: Owner: Owner: Owner: Owner: Owner: Price, Owner: Price, Owner: Purdy, Scottie T. Scottie T. Paul L. Owner: Owner: Owner: Owner: Owner: Owner: Ralph Smith Incorporated Richards~ C. C. Richardson-Wayland Electric Company Roanoke Hospital Association Roanoke Hospital Association Roanoke Hospital Association Owner: Roanoke Hospital Association Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No Tax No : Tax No : Tax No : Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: 1410103-B 1410103-C 1410103-D 1410103-E 1410103-F 1410103-G 1410103-H 1410103-I 1410103-K 1410103-L 1410103-M 1410103-N 1410103-0 1410103-P 4031401 4160303 4030608 4150302 4150303 1610103 4030303 : 4030304 4040703 4031305 4040704 1230401 4040501 4040502 4040506 4040508 Owner: Roanoke Ice and Cold Storage, Inc. Owner: Roanoke Orthopedic Appliance Co., Inc. Owner: Rogers, Earl H. Owner: Rolley, Marie H. Owner: Rose, F. Gray, III and Vicki T. Owner: Rusco Window Company of Roanoke, Inc. Owner: Ryder Truck Rental, Inc. Owner: Scaggs, Ronald O. Owner: Secrist, Marie M. Owner: Seven-Up Bottling Company of Roanoke Owner: Seven-Up Bottling Company of Roanoke Owner: Seven-Up Bottling Company of Roanoke Owner: Seven-Up Bottling Company of Roanoke Owner: Owner: Owner: Owner: Owner: Smith, Owner: Smith, Owner: Soden, Owner: Soden, Owner: Owner: Owner: Owner: Owner: Owner: Owner: Owner: Trompeter, Owner: Trompeter, Seven-Up Bottling Company of Roanoke Shields, Fred W., Jr.; Trustee Shoemaker, Lucille S. Smith, Claude N. and Madeline B. Claude N. and Madeline B. T. Marion and Virginia A. Desmond and Joan K. Desmond and Joan K. Taylor, Clara B., ETAL Thetford Properties Thomas, Melba B. Tingler, Thomas J. and Ruby K. Tingler, Thomas J. and Ruby K. Tinker Properties Associates Trompeter, Herman and Samuel A. Herman and Samuel A. Herman and Samuel A. Tax No.: 1130902 Tax No.: 4030609 Tax No.: 1322009 Tax No,: 4160317 Tax No.: 4040707 Tax No.: 5220601 Tax No.: 5210708 Tax No.: 4030604 Tax No.: 4030605 Tax No.: 1320711 Tax No,: 1320712 Tax No.: 1320714 Tax No.: 1321101 Tax No.: 1321401 Tax No,: 4031405 Tax No.: 4160304 Tax No.: 4030614 Tax No,: 4030615 Tax No.: 4030603 Tax No.: 4040603 Tax No.: 4040702 Tax No.: 4031407 Tax No.: 5220603 Tax No.: 4160310 Tax No.: 4160305 Tax No.: 4160306 Tax No.: 4170401 Tax No.: 1221406 Tax No.: 1222403 Tax No.: 1222404 Owner: Turrner, Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Marie J. (Life Estate) Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: 403].402 Unknown 01 Unknown 02 Unknown 03 Unknown 04 Tax No.: Unknown 05 Tax No.: Unknown 06 Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Tax No.: Unknown 07 Unknown 08 Unknown 09 Unknown 10 Unknown 11 Unknown 12 Unknown 13 Tax No.: Unknown 14 Tax No.: Unknown 15 Tax No.: Unknown 16 Tax No.: Unknown 17 Tax No.: Unknown 18 Tax No.: Unknown 19 Tax No.: Unknown 20 Tax No.: Unknown 21 Tax No.: Unknown 22 Tax No.: Unknown 23 Tax No.: Unknown 24 Tax No.: Unknown 25 Tax No.: Unknown 26 Tax No.: Unknown 27 Tax No.: Unknown 28 Tax No.: Unknown 29 OwnFr: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Unknown Owner: Valley Rich Dairy Owner: Van Balen, Frank G. Owner: Vaughan, James E. and Celia C. Owner: Virginia Holding Corporation Owner: Virginia Scrap Iron and Metal Company Owner: Virginia Scrap Iron and Metal Company Owner: Virginia Scrap Iron and Metal Company Owner: Walker Machine and Foundry Company Owner: Walker Machine and Foundry Company Owner: Walker Machine and Foundry Company Owner: Warren, Company, The Owner: Webb, Jacob A. and Elsie P. Owner: White, Allen B. and Ruth S. Owner: Wilfong, Owner: Williams, Owner: Williams, Clarence J. and Mary M. Donnie L. and Elfriede M. Rosa W. Tax No.: Unknown 30 Tax No.: Unknown 31 Tax No.: Unknown 32 Tax No.: Unknown 33 Tax No.: Unknown 34 Tax No.: Unknown 35 Tax No.: Unknown 36 Tax No.: Unknown 37 Tax No.: Unknown 38 Tax No.: Unknown 39 Tax No.: Unknown 40 Tax No.: Unknown 41 Tax No.: Unknown 42 Tax No.: 5210712 Tax No.: 5210711 Tax No.: 4160312 Tax No.: 1410106 Tax Ho.: 1410201 Tax No.: 1410202 Tax No.: 1510101 Tax No.: 1410204 Tax No.: 1410205 Tax No.: 1510301 Tax No.: 4031403 Tax No.: 4170301 Tax No.: 4030618 Tax No.: 4160316 Tax No.: 4150703 Tax No.: 1510].02 Office of the City Clerk August 30, 1989 File #237 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29735-82889 authorizing appropriate individual service contracts for certain services in connection with real estate acquisition for the Roanoke River Flood Reduction Project, upon certain terms and conditions. Ordinance No. 29735-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary C City Clerk MFP: ra Eno. pc: Mr. Mr. Joel M. Schlanger~ Director of Finance Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Room 456 Municipal Building 215 Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of August, 1989. No. 29735-82889. VIRGINIA, AN ORDINANCE authorizing appropriate individual service contracts for certain services in connection with real estate acquisition for the Roanoke River Flood Reduction Project, 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 and the City Clerk are authorized to exe- cute and attest, respectively, on behalf of the City, in form approved by the City Attorney, appropriate individual service contracts as necessary for appraisals and title examination and verification for property interests necessary for the Roanoke River Flood Reduction Project, as more particularly set forth in the report to this Council dated August 28, 1989. 2. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordinance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk August 30, 1989 File #60-237 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29734-82889 amending and reordaining certain sections of the 1989-90 Capital Fund Appropriations, providing for the transfer of $200,000.00 from Capital Improvement Reserve - Future Flood Reduction, to Roanoke River Flood Reduction Project - Land Aquisition, in connection with execution of Individual Service Contracts for appraisals and- title work for all parcels relating to the Roanoke River Flood Reduction Project. Ordinance No. 29734-82859 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday~ August 28, 1989. Sincerety, Mary F. Parker, City Clerk MFP:ra Eric. pc: Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager Kit B. Kiser, Director of Utilities and Operations William F. Clark, Director of Public Works Charles M. Huffine~ City Engineer Room456 Muni¢ipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)961-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of August, 1989. No. 29734-82889. AN ORDINANCE to amend and reordain of the 1989-90 Capital Fund Appropriations, and an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the exist. THEREFORE, certain sections providing for City of Roanoke, an emergency is declared to BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 Capital Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Other Infrastructure Roanoke River Flood Reduction Project - Land Acquisition (1) ................................... Capital Improvement Reserve Capital Improvement Reserve (2) .................... 1) Appropriations from General Revenue 2) Future Flood Reduction (008-056-9619-9003) $ 200,000 (008-052-9575-9186) (200,000) $ 811,872 200,000 4,579,897 617,024 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council: Subject: Roanoke River Flood Reduction Project Real Estate Acquisition - Transfer of Funds Roanoke, Virginia August 28, 1989 I. Backsround: April 11, 1989 Referendum approved by the citizens of Roanoke City authorized the sale of up to $7~500}000 in bonds for the Roanoke River Flood Reduction Project. Bo City Staff has contracted for and completed preliminary surveys for all parcels involved in the Flood Reduction Project. In addition, appraisals and preliminary title examinations for many parcels were completed prior to the referendum. II. Current Situation: A. The United States Consress has included $200,000 "new start" funds, in both the Senate and House of Representative's Appropriations Bills. B. Corps of Engineers now anticipates that the most optimistic schedule would be as follows: 1. Approval of New Start Funds 2. Si~n Local Cooperative A~reement 3. City begins Land Acquisitions 4. City completes Land Acquisitions 5. Corps bids Pro~ect 6. Construction bestns October 1989 November 1989 November 1989 June 1990 July 1990 September 1990 Page 2 City Council has previously appropriated $350~000 for various activi- ties related to the Flood Reduction Project. City of Roanoke needs to proceed immediately with final preparations for Land Acquisition. City Counci approved a contract change order with T. P. Parker and Son on August 14, 1989 to complete plats needed for the Flood Reduction Project. City Staff proposes to proceed with Individual Service Contracts for final appraisals and title work for all parcels (237 along river, 5 for Early Warning System and 5 disposal sites) needed for the Flood Reduction Project. III. Issues: A. Timin~ B. Fundin~ IV. Alternatives: A. Authorize City Manager to execute Individual Service Contracts for appraisals and title work for all parcels related to the Roanoke River Flood Reduction Project, and transfer $200~000 from Capital Improve- ment Reserve - Future Flood Reduction, Account No. 008-052-9575-9186 to an account established by the Director of Finance titled RRFRP - Land Acquisition 1. Timin5 for July 1990 Bid will be enhanced. 2. Fundin~ requirements for Land Acquisitio~ appraisals and title work will be met. Do not authorize City Manager to execute Individual Service Contracts for appraisals and title work for all parcels related to the Roanoke River Flood Reduction Project, and do not transfer $200~000 from Capital Improvement Reserve Future Flood Reduction, Account No. 008-052-9575-9186 to an account established by the Director of Finance titled RRFRP - Land Acquisition. 1. Timin~ for July 1990 Bid will be jeopardized. 2. Fundin8 for requirements for Land Acquisition will not be met. Page 3 V. Recommendation: mo Authorize City Manager to execute as necessary Individual Service Contracts in a form approved by the City Attorney as necessary for appraisals and title work for all parcels related to the Roanoke River Flood Reduction Project. Authorize the Director of Finance to transfer $200,000 from Capital Improvement Reserve - Future Flood Reduction, Account No. 008-052-9575-9186 to an account to be titled RRFRP - Land Acquisition. WRH/JA?/fm Respectfully submitted, W. Robert Herbert City Manager CC: City Attorney Director of ~inance Director of Utilities & Operations Director of Public Works City Engineer Project Manager '89 ~': 25 i~i~ "t Roanoke, Virginia August 28, 1989 Honorable Mayor and City Council Roanoke, Virginia Members of Council: I respectfully request that space be reserved on Council's agenda Monday, August 28, 1989, for a report on Bids to Purchase Shared Automated Library System, Bid Number 89-1-109. Respectfully submitted, W. Robert Herbert City Manager WRH/ksf Office ofthe City Clerk August 30, 1989 Fi le #102 Mattern & Craig, P.C. 701 First Street, S. W. Roanoke, Virginia 24011 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 2973~-82889 authorizing the City Manager to enter into engineering services reimbursement with cost ceiling contracts with Hayes, Seay, Mattern & Mattern and Mattern & Craig, p.C., for the performance of certain bridge inspection services, for amounts not to exceed $58,800.00 and $65,000.00, respectively. Ordinance No. 29~37-82589 was adopted- by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enco pc: Mr. Mr. Mr. Mr. W. Robert Herbert, City Manager Joel M. Schlanger, Director of Finance William F. Clark, Director of Public Works Charles M. Huffine, City Engineer Sarah E. Fitton~ Construction Cost Technician Kit 8. Kiser, Director of Utilities and Operations Room 456 Municipal0uilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)081-2541 Office of the City Clerk August 30, 1989 File #102 Mr. Sam H. McGhee, III Mattern & Craig, P.C. 701 First Street, S. W. Roanoke, Virginia 24016 Dear Mr. McGhee: I am enclosing copy of Ordinance No. 29737-82889 authorizing the City Manager to enter into engineering services reimbursement with cost ceiling contracts with Hayes, Seay, Mattern & Mattern and Mattern & Craig, P.C., for the performance of certain bridge inspection services, for amounts not to exceed $58,800.00 and $65,000.00, respectively. Ordinance No. 29737-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, ~ik~k~.4~-.-_ Mary F. Parker, CMC City Clerk MFP: ra Enc. Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk August 30, 1989 File #102 Mr. John R. Hildebrand Hayes, Seayo Mattern & Matterno P. 0. Box 13446 Roanoke, Virginia 24034 Inc. Dear Mr. Hildebrand: I am enclosing copy of Ordinance No. 29737-82889 authorizing the City Manager to enter into engineering services reimbursement with cost ceiling contracts with Hayes° Seay~ Mattern & Mattern and Mattern & Craig, P.e., for the performance of certain bridge inspection services, for amounts not to exceed $58,800.00 and $65~000.00, respectively. Ordinance No. 29737-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday~ August 28, 1989. Sincere ly, ,~ Mary F. Parker, CMC City Clerk MFP:ra Eno. pc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fittono Construction Cost Technician Mr. Kit ~. Kiser, Director of Utilities and Operations Room456 MunicipalBuilding 215Chinch Avenue. S.w. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk August 30, 1989 File #102 Mr. George M. McClennen, P.E. Manager, Huntington Office L. Robert Kimball & Associates P. 0. Box 1207 Huntington, West Virginia 25714 Dear Mr. McClennen: I am enclosing copy of Ordinance No. 29737-82889 authorizing the City Manager to enter into engineering services reimbursement with cost ceiling contracts with Rayes~ Seay~ Mattern & Mattern and Mattern & Craig, P.C., for the performance of certain bridge inspection services, for amounts not to exceed $58,800.00 and $65,000.00, respectively. Ordinance No. 29737-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. On behalf of the Mayor and Members of City Council~ I would like to express appreciation for submitting your bid on the above- described services. Sincerely, ~l~x~..~_~ Mary F. Parker, CMC City Clerk MFP:ra Eric. Room 456 MunicipalSuilding 21SChurch Avenue, S.W. Roanoke, Virginia 2a011 (703)g81-2Sal Office of the City Clerk August 30, 1989 File #102 Mr. Ronald B. Shifflett, P.E. Spectrum Engineers, P.C. 325 Mountain Avenue, S. W. Roanoke, Virginia 24016 Dear Mr. Shifflett: I am enclosing copy of Ordinance No. 29737-82889 authorizing the City Manager to enter into engineering services reimbursement with cost ceiling contracts with Hayes~ Seay~ Mattern & Mattern and Mattern & Craig~ P.C.~ for the performance of certain bridge inspection services~ for amounts not to exceed $58,800.00 and $65~000.00~ respectively. Ordinance No. 29737-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28~ 1989. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described services. Mary F. Parker, CMC City Clerk MFP:ra Enc. Room456 MunicipalSuilding 215Church Avenue, $. W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of August, 1989. No. 29737-82889. VIRGINIA, AN ORDINANCE authorizing the City Manager to enter into engineer- ing services reimbursement with cost ceiling contracts with certain engineering firms, providing for the performance of certain bridge inspection services; rejecting certain other proposals, 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 to attest, respectively, an engineering services reimbursement with cost ceiling contract with Hayes, Seay, Mattern & Mattern, for the provision by such firm of bridge inspection services, as more par- ticularly set forth in the August 28, 1989, report of the City Manager to this Council, for an amount not to exceed $58,800.00. 2. 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, an engineering services reimbursement with cost ceiling contract with Mattern & Craig, P. C., for provision of by such firm of bridge inspection services, as more particularly set forth in the August 28, 1989, report of the City Manager to this Council, for an amount not to exceed $65,000.00. 3. The form of the contract with each firm shall be approved as to form by the City Attorney. Office of the City Clerk August 30, 1989 File #60-102 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29736-82889 amending and reordaining certain sections of the 1989-90 General Fund Appropriations, providing for the appropriation of $123,000.00 from the General Fund Contingency Account~ in connection with the award of contracts for the provision of certain bridge inspection services. Ordinance No. 29?36-82889 was adopted by- the Council of the City of Roanoke at a regular meeting held on Monday, August 28~ 1989. Sincerely, Mary F. Parker~ City Clerk MFP:ra Enco pc: Mr. W. Robert Herbert, City Manager Mr. Kit B. Kiser, Director of Utilities and Operations Mr. William F. Clark, Director of Public Works Mr. Charles ~. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Room 456 Municipal Building 215Church Avenue, $.W. Roanoke, Virginia 24011 (70.t) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of August, 1989. No. 29736-82889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 General Fund Appropriations, and providing for an emergency. WHEREAS, for the usual daily operation of the Municipal Government of the City of Roanoke, an emergency is declared to exist. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 1989-90 General Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Nondepartmental Contingency - General Fund (1) .................... Public Works Engineering (2) ................................... 1) Contingency 2) Fees for Prof. Services (001-002-9410-2199) (001-052-4310-2010) $(123,000) 123,000 $10,976,298 615,529 18,899,747 1,211,035 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. - Roanoke, Virginia Ci~Y ' August 28, 1989 Honorable Mayor and*8~m~2~ Roanoke, Virginia Dear Members of Council: Subject: 1989 Bridge Inspection Program II. I. Background 1978 Surface Transportation Act enacted by Congress requires that all bridges, including "off Federal Aid System" struc- tures, must be included in the bi-annual inspection program. City of Roanoke has sixty-seven (67) structures requiring Supplementary Bridge Inspection Reports this year. Forty-one (41) structures (40 bridges and 1 tunnel) are inspected annually while twenty-six (26) structures are inspected bi- annually. Current situation is that Engineering Services Qualification Proposals for the necessary technical inspections and reports were publicly advertised and received from: Hayes, Seay, Mattern & Mattern, Inc. Kimball and Associates * Mattern & Craig, P.C. Spectrum Engineering A. Selection of the firm for consideration was based on the following criteria: 1. Qualification of personnel 2. Time available to meet schedule 3. Experience in performing bridge inspections 4. Ability to produce project on time 5. Local accessibility for project coordination and cooperation 6. Response to request for proposal 7. Past record with City of Roanoke Page 2 Bo Interviews were held with all firms as they were deemed qualified. Staff team included Charles M. Huffine, P.E., City Engineer; Robert K. Bengtson, Traffic Engineer; and John A. Peters, P.E., Civil Engineer II. Complexity of Bridge Inspections this year led staff to select the two (2) most qualified firms to complete two (2) equal portions of work. Negotiations were conducted with the two (2) most qualified firms (Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C.) for the necessary technical inspections and reports. E. Scope of work to be performed includes: Field investigations of thirty-three (33) bridges by each firm to include whenever pertinent roadway approaches, waterway, piers and abutments, bearings, stringers, beams, girders, decks, expansion joints, curbs, sidewalks, bridge railing, culverts, and signing. Hayes, Seay, Mattern & Mattern, Inc. will also be re- sponsible for inspecting the Airport tunnel. Preparation of all sketches and/or photographs to ade- quately describe deficiencies and problem areas noted in inspection reports. Performance of all measurements and calculations necessary to conduct and determine load ratings and safe load limits as required by new Federal regulations (41 bridges). Load ratings usually require three (3) times the technical manhours of an inspection. Final inspection documents completed in accordance with the Federal, State, and City criteria regarding the bridge inspection program. Federal and State Highway agencies have recently stressed the need for in-depth inspections related to a particular aspect of bridge inspection as a result of catastrophic bridge failures in other states in recent years. These agen- cies require: Underwater bridge inspections require more care to detect possible erosion of support in waterways beneath bridge structures. Many of the City's bridges being inspected are above waterways, the majority of which have structural supports underwater. These structures must be analyzed physically and mathematically to deter- mine catastrophic scour potential. Page 3 III. Cost reimbursement fee for engineering services is based upon actual manhours used to physically review each component of the sixty-six (66) bridges and one (1) tunnel. Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C., in following this billing procedure, offer reasonable manhour pay rates and an acceptable cost ceiling. Brid~e Ratings and Scour Evaluations: The Federal Highway Administration has enacted new regulations on bridge ratings and scour evaluations. Since VDOT now requires the new ratings and scour evaluations, the City must comply. Over sixty-five (65%) percent of the negotiated cost can be attri- buted to load ratings ($79,950.00) and five (5%) percent can be attributed to scour evaluations ($6~150.00). Issues in evaluating the proposal and awarding contracts to firms known to be qualified are: A. Inclusion of proper work scope. B. Ability to meet time schedules. C. Reasonableness of fee. D. Availability of fundinR. IV. Alternatives for providing the necessary work are: Award en~tneerin8 services reimbursement with cost ceiling contracts to Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C. in amounts not to exceed $58~800.00 and $65,000.00, respectively. 1. Inclusion of proper work scopes have been reviewed and verified. 2. Ability to meet time schedule has been demonstrated and firms are ready to begin immediately. Reasonableness of fee has been established through "cost ceiling". Hayes, Seay, Mattern & Mattern, Inc. has set a cost ceiling in their proposal of $58~800.00, while Mattern & Craig, P.C. has set a cost ceiling in their proposal of $65~000.00. Availability of funding exists in the General Fund Contingency Account 001-002-9410-2199 for the bridge inspection ($123,000.00). The Airport Commission has funds in a "Fees for Professional Services" Account for the Airport Road Tunnel ($800.00). Page 4 WRH/JAP/mm Attachments cc: Do not award en$ineerin~ services reimbursement with cost ceiling contracts to Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C. in amounts not to exceed $58~800.00 and $65,000.00, respectively. 1. Inclusion of proper work scope would have to be deferred to the City or other consultants. 2. Ability to meet time schedule would be jeopardized. 3. Reasonableness of fee cannot be assured. Availability of fundin$ would remain in the General Fund Contingency Account 001-002-9410-2199 and Airport Commission's "Fees for Professional Services" Account No. 004-056-4401-2010. V. Recommendation is that the City: Award engineering services reimbursement with cost ceiling contracts in forms approved by the City Attorney to Hayes, Seay, Mattern & Mattern, Inc. and Mattern & Craig, P.C. in amounts not to exceed $58,800.00 and $65~000.00, respec- tively. Fundin~ is available for the contracts from the General Fund Contingency Account 001-002-9410-2199 and the Airport Commission's "Fees for Professional Services" Account No. 004-056-4401-2010. Respectfully submitted, W. Robert Herbert City Manager Director of Finance City Attorney Director of Public Works Director of Utilities and Operations City Engineer Construction Cost Technician Office of the City Clerk August 30, 1989 Fi le #185-236 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Resolution No. 29739-82889 authorizing acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for the purchase of a new hazar- dous materials vehicle and authorizing the acceptance, execution and filing of all appropriate documents to obtain such grant. Resolution No. 29739-82889 was adopted by the Council of the- City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, City Clerk MFP:ra Enc. pc: Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Warren E. Trent~ Manager, Emergency Services Mr. Rawleigh W. Quarles~ Sr.~ Fire Chief and Room 456 MunicipaIBuilding 215Chinch Avenue, S.W. Roanoke, Vkginia 24011 (703)981-2S41 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of August, 1989. No. 29739-82889. VIRGINIA, A RESOLUTION authorizing the acceptance of a grant made to the City of Roanoke by the Virginia Department of Emergency Services for the purchase of a new hazardous materials vehicle 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 grant in the total amount of $80,000 from the Virginia Department of Emergency Services for the purchase a new Hazardous Materials Vehicle. 2. W. Robert Herbert, 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 of the City Clerk August 30, 1989 File #60-188-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: ! am attaching copy of Ordinance No. 29738-82889 amending and reordaining certain sections of the 1989-90 Grant Fund Appropriations~ providing for the appropriation of $80,000.00, in connection with acceptance of a grant from the State Department of Emergency Servicee to be used for the purchase of a new hazar- dous materials emergency response vehicle. Ordinance No. 29738-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday~ August 28, 1989. Sincerely, Mary F. Parker~ CMC City Clerk MFP:ra Enco pc~ Mr. W. Robert Herbert, City Manager Mr. George C. Snead, Jr., Director of Administration Public Safety Mr. Warren E. Trent, Manager, Emergency Services Hr. Rawleigh W. Quarles~ Sr., Fire Chief and Room 456 MunicipaIBuilding 215Chu;ch Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of August, 1989. No. 29738-82889. AN ORDINANCE to amend and reordain certain sections of the 1989-90 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. Roanoke Appropriations, THEREFORE, BE IT ORDAINED by the Council of the City of that certain sections of the 1989-90 Grant Fund be, and the same are hereby, amended and. reordained to read as follows, in part: Appropriations Public Safety Hazardous Materials Emergency Response Vehicle (1) .... Revenue Public Safety Hazardous Materials Emergency Response Vehicle (2) .... 1) Veh. Equipment (035-050-3221-9010) 2) State Revenue (035-035-1234-7075) BE IT FURTHER ORDAINED that, $80,000 80,000 $646,422 80,000 $646,422 80,000 an emergency existing, this Ordinance s~rall be in effect from its passage. A'rI'w. ST: City Clerk. Roanoke, Virginia August 28, 1989 Honorable Mayor and City Council Roanoke, Virginia Subject: Acceptance of State Grant to Purchase New Hazardous Materials Emergency Response Vehicle Dear Members of Council: I. BACKGROUND ae Current Hazardous Materials Vehicle was purchased with State funds and placed into operation in May 1983. Virginia General Assembly aDDroDriated $80,000 out of 1989/90 disaster operations for a new Hazardous Materials Vehicle to be located with the Level III Haz Mat Team in Roanoke. II. CURRENT SITUATION Fundin~ in the amount of $80,000 received on August 8, 1989 to purchase a new Hazardous Materials Vehicle. Specifications are bein~ developed by the Fire Department and Emergency Services for a 1990 Cargo Vehicle for this purpose and will be mailed to prospective suppliers according o the City's established bid procedures. Further specifications will be written for internal cabinetwork for storage, electrical re- quirements and other amenities as required for Level III hazardous material responses. Unexpended funds, if any, must be returned to the State Department of Emergency Services. III. ISSUES A. Need B. Funding Hazardous Materials Emergency Response Vehicle Page 2 IV. ALTERNATIVES Authorize the City Manager or his designee to execute the required documents to accept the $80,000 state grant to purchase a new Haz Mat vehicle. Need - Current hazardous materials vehicle is six (6) years old and does not meet current demands of the system. The new vehicle will provide space to add equipment necessary for Level III hazardous material responses. e Funding in the amount of $80,000 has been received from the State Department of Emergency Services. Be Do not accept the $80,000 State grant for the purchase of a hazardous materials vehicle. Need for new response vehicle will not be met. Funding in the amount of $80,000 will be returned to the State Department of Emergency Services for distribution to another Level III Hazardous Materials Response Team. V. RECOMMENDATION ae Accept grant in the amount of $80,000 from the State Department of Emergency Services for the purchase of a new hazardous materials emergency response vehicle. City Manager or his designee is authorized to execute required documents to accept the grant. Appropriate $80,000 in an account to be established by the Director of Finance for this grant and increase the revenue estimate in the grant fund by the same amount. ully submitted, ~er~ City Manager WRH:WBR/tfk D/B:HAZl/VEHICLE.HAZ CC: Director of Finance City Attorney Director, Administration and Public Safety Manager, Emergency Services Fire Chief Office of the City Clerk August 30~ 1989 File #60-241-236 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29740-82889 amending and reordaining certain sections of the 1989-90 Grant Fund Appropriations, providing for the appropriation of $8o101.00~ in connection with acceptance of a Litter Control Grant, said funds to be transferred to the Clean Valley Council. Ordinance No. 29740-82889 was adopted by the Council of the City of Roanoke at - a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, City Clerk MFP: ra Enc. pc: Ms. Ann E. Weaver~ Executive Director, Clean Valley Council~ P. O. Box 3320, Roanoke, Virginia 24015 Mr. W. Robert Herbert~ City Manager Mr. William F. Clark~ Director of Public Works Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of August, 1989. No. 29740-82889. _AN ORDINANCE to amend and reordain certain sections of the 1989-90 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 1989-90 Grant Fund Appropriations, be, and the same are hereby, amended an~ reordained to read as follows, in part: Appropriations Public Works Litter Control 1989-90 (1) ............................. Revenue $33,975 8,101 Public Works $33,975 LitteY Control 1989-90 (2) ............................. 8,101 1) Fees for Prof. Services (035-052-5117-2010) 2) State Grant Revenue ' (035-035-1234-7037) B~IT FURTHER ORDAINED that, $8,101 8,101 an emergency existing, shall be in effect from its passage. ATTEST: Ordinance this City Clerk. Roanoke, Virginia August 28, 1989 Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Mayor Taylor and Council Members: Subject: BackKround: Appropriation of Litter Control Grant Funding City Council adopted Resolution No. 29575 on May 22, 1989, designating the Clean Valley Council (CVC) to develop a coordinated litter control program for the entire Roanoke Valley and authorizing CVC to apply for certain grant funds from the Commonwealth for operation of such program. Litter control Krant was approved by the Department of Waste Management, Division of Litter Control and Recycling on July 25, 1989. II. Current Situation: City has received ~rant funds in the amount of $8,101.00 from the Department of Waste Management. III. Issues: A. Appropriation of Krant funds to Clean Valley Council. IV. Recommendation: Ao Council appropriate $8t101.00 to an account to be established by the Director of Finance in the Grant Fund for transfer to Clean Valley Council. Respectfully submitted, City Manager WRH:WFC:pr pc: Joel M. Schlanger, Director of Finance Wilburn C. Dibling, Jr., City Attorney William F. Clark, Director of Public Works Clean Valley Council, P.O. Box 3320, Roanoke, Virginia 24015 LCG-2 6/89 TO: Department of Waste Management Dlvlslon of Lltter Control & Recycl/~g NOTICE OF APPROVAL 1989-90 Program Year Application for Grant Under the Virginia wast~j~Man~U~t (Chapter 14, Title 10.1, Code of Virginia) City of Roanoke 215 Church Avent~_: S.W. Roanoke. VA 2/d)11 Attention: W. Robert The application which you submitted for a litter control grant has been approved. Please be guided by the items which are checked below. A check in the total amount indicated below will be sent to you for a single locality program. X A check in the total amount indicated will be sent to you for a cooperative program to be coordinated by: C1~ va]lq c~-~ri] ALL FUNDS MUST BE SPENT DURING THE GRANT PERIOD JULY ir 1989 THROUGH JUNE 30r 1990. An extension has been allowed for this grant. The extension applies only to (See Section II of the "Regulations Governing Use of Grant Funds" for details on reporting and accountability for extended grants.) In accepting this grant, the applicant(s) must comply with the Regulations governing litter control grants dated April 13, 1989 and the program plan and other requirements as stated in the Application, form LCG-!, previously approved for the current grant\period. *NEW LINE ITEMS MAY NOT BE ADDED W ITHOUT~IORj A~,V~ BY T~ DIVISION. Date approved- T,,~ o~ ~.o. ~%~ ]/~i~/O/ ~/ ' ~ Harry[~. ~r~gor~, Jrt, A~-~P., Director Total Amount of Grant: SR=]O] ~o Grants approved for: cc: Ann E. Weaver, Executive Director - Clean Valley Council Office of the City Clerk August 30, 1989 File #192 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am attaching copy of Ordinance No. 29741-82889 approving issuance of Change Order No. i to the City's contract with Gardner-Smith, Inc., in the amount of $5o813.00, for installation of an elevator at the Civic Center. Ordinance No. 29741-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Gardner-Smith, Inc., P. O. Box 866, Salem, Virginia 24153 Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. Bob E. Chapman, Manager, Civic Facilities Room 456 MunicipaIBuilding 215 Chu;ch Avenue, S.W. Roanoke, Virginia 24011 (703) 981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of August, 1989. No. 29741-82889. VIRGINIA, AN ORDINANCE approving the City Manager's issuance of Change Order No. i to the City's contract with Gardner-Smith, Inc., for installation of an elevator at the Civic Center; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke That: 1. The City Manager or Assistant City Manager is authorized and empowered to issue, for and on behalf of the City, upon form approved by the City Attorney, Change Order No. 1 to the City's contract with Gardner-Smith, Inc., dated March 27, 1989, related to installation of an elevator at the Civic Center 2. Such Change Order shall provide for the following changes in the work to be performed: CONTRACT AMOUNT $ 160,600.00 DESCRIPTION OF CHANGE ORDER: Analyze sample of insulation and properly remove asbestos 5,813.00 CONTRACT AMOUNT INCLUDING CHANGE ORDER NO. 1 $ 166,413.00 Additional time resulting from Change Order No. 1 None 3. In order to provide for the usual daily operation of municipal government, nance shall the an emergency is deemed to exist, and this ordi- be in full force and effect upon its passage. ATTEST: City Clerk. Roanoke, Virginia August 28, 1989 Honorable Mayor and City Council Roanoke, Virginia Dear Members of Council Subject: Change Order No. 1 Elevator for Handicapped and Related Uses Civic Center Auditorium 710 Williamson Road, N.E. Roanoke, Virginia '89 ?![ 17 t'c'4b I. Back~round: Bids for this project were received by City Council on March 13, 1989, with eight (8) bids opened and read aloud. The low bid of Gardner-Smith, Inc. in the amount of $160~600.00 and 150 consecutive calendar days was authorized by Council at its March 27, 1989 meeting. In re-routin~ ductwork on the Exhibit Hall level to clear the area for the new elevator shaft, it was determined that the duct was insulated inside with asbestos insulation. (Insulation applied to the inside of ducts also serves as sound insulation.) Co To proceed with the work in a timely fashion, the Contractor notified his asbestos removal sub-contractor to construct the required containment structure and proceed with the work on a cost-plus basis which is one of the methods specified for additional work to the contract. The cost of that work is as follows: Analyzing sample of insulation to determine that asbestos fibers were present. $ 215.00 2. Proper removal of the insulation. 5~598.00 Total $5,813.00 II. Issues are: A. Extent of work and related costs. B. Fundin~ C. Time Page 2 III. Alternatives are: Approve Change Order No. 1 to the contract with Gardner-Smith, Inc. in the amount of $5,813.00 and no addi- tional contract time. 1. Extent of the work is as described above. 2. Funding is available in the project contingency account. 3. Time has not been requested for this change. B. Do not approve Change Order No. 1. Extent of the work would not change. The same amount of duct insulation would still have to be removed to accom- modate the ductwork alteration. 2. Funding would not be encumbered. Time of completion would be extended by the amount of time it takes to remove the insulation and alter the ductwork to clear the elevator shaft. The Contractor is complaining now about the delays due to functions being held either in the Exhibit Hall or Auditorium. IV. Recommendation is that City Council approve Alternative 'A' and authorize the City Manager to execute Change Order No. 1 with Gardner-Smith, Inc. in the amount of $5~813.00 and no additional contract time. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/mm cc: City Attorney Director of Finance Director of Public Works Director of Administration & Public Safety City Engineer Manager, Civic Center Construction Cost Technician DEPARTMENT OF FINANCE C,~ O~ "OANOKE. VA. August 28, 1989 Honorable Mayor and Members of City Council Joel M. Schlanger Status of the Financial Condition of the City of Roanoke - Fiscal Year 1989 Another fiscal year has come and gone and you can look with great pride to the services you have provided your citizens, our style of life in our community, and our strong neighborhoods. We have been extremely fortunate that our economy continues to grow. League of They state growth is According to a recent study released by the National Cities, many cities are not as fortunate as Roanoke. that 57% of American cities report that their revenue not keeping pace with the rate of inflation. Nearly one-fourth report that their revenue is declining even in nominal terms. Half of the cities report that their expenditures outpaced revenues in 1989 causing them to draw down their beginning balances in order to produce a balanced budget as required by law. While revenue growth lags behind inflation, cities are pressed to respond to a series of needs. The most important community problems are drugs, solid waste disposal, crime, and a series of housing concerns. Ail of these, plus the multitude of infrastructure needs, require city governments to allocate resources. Honorable Mayor and Members of City Council Page 2 August 28, 1989 Cities are required to balance operating budgets, but budgets do not automatically balance themselves. There is not an automatic pilot or cruise control that can deliver a budget in which resources (revenues) finance all expenditures. The simple fact is that in the budget climate of the past year, city officials have had to make a lot of difficult decisions. This past year alone, 69% of the cities increased fees, 36% initiated new fees or charges, and 41% raised property tax rates. I have attached for your review an analysis we prepared showing in part localities in Virginia who have increased taxes from FY1989 to FY1990. I have also included a comparison of certain tax rates. Our revenue estimate from all sources within the General Fund for FY1989 was $134 million, while actual collections were $138.5 million, a difference of 3.29%. Below is a history of our revenue estimates as compared to actual revenues: Percent Fiscal Budget Revenue Actual of Est. Year Estimate Collected Collected 1989 $134,070,796 $138,480,460 103.29% 1988 126,565,141 129,885,334 102.62% 1987 118,553,342 119,797,842 101.05% 1986 115,757,175 115,900,340 100.12% 1985 108,932,645 108,816,426 99.89% 1984 101,078,296 103,170,691 102.12% 1983 93,036,248 95,031,100 102.14% 1982 90,477,757 91,253,175 100.85% 1981 89,195,401 89,124,125 100.08% 1980 84,798,168 84,051,017 99.12% 1979 79,145,325 78,886,285 99.67% Honorable Mayor and Members of City Council Page 3 August 28, 1989 Attached for your review are the ~NA~DI-£~U~ financial statements for the fiscal year ended June 30, 1989. These figures are subject to change during the course of our annual audit. Per the requirements established in Ordinance No. 26292, passed by City Council on December 6, 1982, setting up a Reserve for Capital Improvements and Capital Maintenance and Equipment Replacement, (CMERP), the amount designated for fiscal year 1989 is: $5,257,947 leaving no undesignated funds at year end. (In order to have fulfilled the objective of Ordinance No. 26292, the sum of $6,270,191 would have had to been available before having any undesignated funds.) This year's CMERP represents 3.7% of the General Fund budget compared to 3.8% last fiscal year. General Fund State~ent of Revenues On page 11 there is a summary of the major categories of revenues and the specific variances between actual (unaudited) and estimated. It also provides specific information on school related revenues which are included in the major categories. Honorable Mayor and Members of Page 4 August 28, 1989 City Council Following is a brief categories: General Property Taxes explanation of variances in major This category includes real estate, personal property, public service and penalties and interest. The total estimated revenue for this category was $40,962,775 and actual collections were $42,668,381, or a 4.2% favorable variance (page 11). Real estate taxes increased by 8.3% over FY1988 and only 1.4% over our original estimate. Personal property tax collections increased a healthy 9.6% over the previous fiscal year, but public service tax dropped 6.6% from FY1988. Other Local Taxes This category includes sales tax, utility tax, business licenses, admissions tax, and prepared food and beverage tax. The total estimate for this category was $32,867,964 and actual collections were $34,381,148, or a 4.6% favorable variance. Sales tax collections increased only 4.2% over FY1988, which is less than half of the previous year's increase of 9.73% (page 13). Utility tax continues to decline with electrical rate reductions. Actual collections were 3.5% below our revenue estimate (page 15). Business license revenue increased a moderate 6.44% over FY1988. Admission taxes increased 9.3% over FY1988 and exceeded the revenue estimate by 10.4%. The performance of our tax on prepared food and beverages continued to be very strong with a 13.29% increase over the previous fiscal year. However, since the tax Honorable Mayor and Members of City Council Page 5 August 28, 1989 was effective beginning August 1, 1988, this is comparing 12 months of collections to 11 months for the previous fiscal year (page 17). Permits, Fees and Licenses This category includes dog licenses, electrical, plumbing, heating, and elevator inspection actual revenue exceeded the estimate by 5.85%, but the collected was 4% less than the amount realized in FY1988. building, fees. The revenue Fines and Forfeitures Court fines and parking tickets comprise this category which exceeded the revenue estimate by 27.2%. The primary reason for this large variance is an increase in fines for speeding $2 to $3 for each mile per hour over the speed limit. Also, use of debt set-off collection procedures for court fines parking tickets has proven to be very successful. from the and Revenue From Use of Money and Property Interest on investments provided a variance of 2.04%. During the December to April rates exceeded our budget expectations. favorable budget period, interest Grants-in-Aid C~,.uonwealth This significant revenue category which represents 36.6% of total revenues was on target with only a .85% favorable variance. School grants and reimbursements for use of our jail facilities provided the revenues that exceeded budget estimates. Honorable Mayor and Members of City Council Page 6 August 28, 1989 Grants-in-Aid Federal Government This category increased primary reason was the final reimbursement. Federal school exceeded revenue estimates. substantially from FY1988. The payment of the "Flood of 1985" grants and library grants also Charges for Current Services Medicaid reimbursements for nursing home patients and clerk of circuit court fees are the primary revenue sources that provided the 6.15% favorable variance in the revenue estimate. Non-Revenue Receipt~ The sale of surplus property and interfund service charges were the revenue accounts that contributed to the 9.4% favorable variance. Expenditures Total expenditures and encumbrances for FY1989 were $140,872,711, which was .9% less than City Council appropriated (page 12). Some interesting figures in the City Administration,s side of the General Fund budget are listed below. Sometimes it is difficult to realize the size of this organization. Hopefully this information will provide you with insight to the magnitude of our operations. Honorable Mayor and Members of City Council Page 7 August 28, 1989 $33,900,294 was spent on employees' salaries with an additional $657,234 spent on overtime. $1,266,772 was required for payment of temporary employees. $4,213,204 was contributed to retirement systems and $2,601,420 paid for employer Social Security contributions. $1,981,748 was the employer's share of the hospitalization and dental/medical insurance premium. VSRS Life Insurance premiums were $346,625, and Worker's Compensation for wages and medical bills totaled $670,454. $625,785 was for our telephone bill. $1,907,947 was for our electric bill. $173,077 was for our natural gas bill. $334,649 was for our gasoline bill. Enterprise Funds A detailed analysis of each of our enterprise funds will be provided to you upon completion of our current audit. I hope that this brief analysis provides you with an insight of a year gone by. Let me reiterate to you that the figures as related above are unaudited and subject to change. It is being released to you today for p]~nn{,g pul-~oses only. The audited figures will be available in late September at which time I will report them to you so that you will be able to take whatever actions you feel are in the best interest of our City. Honorable Mayor and Members of City Council Page 8 August 28, 1989 At this time I want to sincerely thank my staff for their professionalism and expertise and many hours of hard work that so many times go unrecognized. If it were not for them, this information would not be available in such a timely and accurate manner. JMS:dp cc: W. Robert Herbert Wilburn C. Dibling, Jr. Directors Attachments LOCALITIES WHO HAVE INCREASED TAXES FROM FISCAL YEAR 1989 TO FISCAL YEAR 1990 FAIRFAX Increased Meals Tax from 1% to 2% HAMPTON Increased Real Estate Tax from $1.14 to $1.17 Increased Cigarette Tax from $.15 to $.20 Increased Admissions Tax from 3% to 5% LYNCHBURG Increased Real Estate Tax from $1.16 to $1.18 Increased Transient Occupancy Tax from 4% to 5% Increased Cigarette Tax (per pack) from $.10 to $.15 NEWPORT NEWS Increased Real Estate Tax from $1.09 to $1.15 Increased Cigarette Tax (per pack) from $.15 to $.20 NORFOLK Increased Transient Occupancy Tax from 4% to 4.5% PETERSBURG Increased Personal Property Tax from $3.80 to $4.30 PORTSMOUTH Increased Real Estate Tax from $1.22 to $1.32 RICHMOND Increased Personal Property Tax from $3.59 to $3.65 VIRGINIA BEACH Increased Real Estate Tax from $.915 to $.977 Increased Meals Tax from 4% to 4.5% Increased Transient Occupancy Tax from 4% to 4.5% 10 CITY OF ROANOKE GENERAL FUND REVENUES YEAR ENDED JUNE 30, 1989 ( UNAUDI T~U ) Category Est~m-te Actual General Property Tax $ 40,962,775 $ 42,668,381 Other Local Taxes 32,867,964 34,381,148 Permits, Fees, & Licenses 428,500 453,572 Fines & Forfeitures 557,000 708,454 Revenue from Use of Money & Property 1,332,687 1,359,927 Grants-in-Aid Commonwealth 50,275,653 50,704,306 Grants-in-Aid Federal Government 2,260,810 2,399,892 Charges for Current Services 3,287,251 3,509,377 Non-Revenue Receipts 2,098,156 2,295,403 Total $134,070,796 $138,480(460 Over (Under) 1,705,606 1,513,184 25,072 151,454 27,240 428,653 139,082 222,126 197,247 4r409~664 % of Estimate 4.16% 4.60 5.85 27.19 2.04 .85 6.15 6.76 9.40 3.29% School Revenues Only (Included Above) Grants-in-Aid Commonwealth $ 19,407,244 State Sales Tax (ADM) 8,426,068 1,392,387 1,439,431 30r665f130 Grants-in-Aid Federal Government Other Revenue Total 19,697,262 $ 290,018 1.49% 8,315,087 ( 110,981) (1.32) 1,465,015 72,628 5.22 1,432,972 ( 6,459) (.45) 30f910~336 } 245~206 .80% 11 CITY OF ROANOKE, VIRGINIA GENERAL FUND EXPENDITURES AND ENCUMBRANCES YEAR ENDED JUNE 30, 1989 [ UNAUDIT~u) Category Appropriations General Government $ 7,895,393 Judicial Administra- tion Public Safety Public Works Health and Welfare Education Parks, Recreation, and Cultural Community Development Non-Depart- mental 2,859,564 24,354,346 19,891,217 11,572,979 58,621,523 3,368,415 1,228,817 12r360~234 & Expendi~s Unencumbered % Unen~ered $ 7,844,854 $ 50,539 .64% 2,798,968 60,596 2.12 24,094,405 259,941 1.07 19,699,950 191,267 .96 11,350,670 222,309 1.92 58,494,603 126,920 .22 3,355,491 12,924 .38 1,214,675 14,142 1.15 12~019~095 341~139 2.76 Total $142~152t488 $140~872~711 $1~279~777 .90% 12 SALES TAX REVENUE (1% LOCAL OPTION) CiTY OF ~OANOKE 1,5 1 / 'x., ~__ 0.7 JUL AUG SEP OCT NOV ~C d~ F~ M~ APR MAY JUN MON~ ~ 89 + ~ 88 ~ ~ 87 A ~ 86 I% S~ T~ ~ ~C~ ~ 1986 - ~ 1~9 * Pl~q[~.~,~ % TOT NO~TH F~ 1986 F~ 1987 F~ 1988 F~ 1989 ET 1989 ~TD COLLSCTIO~ % VARTANC~ BUDGET JUL 783,047.98 874,056.89 930,896.44 922,821.92 922,821.92 923,195.32 -0.04% 7.98% AUG 881,317.38 868,998.67 874,383.26 1,088,572.79 2,011,394.71 1,859,481.59 8.17% 17.38% $EP 995,283.82 882,254.37 867,379.24 %2,818.10 2,974,212.81 2,838,652.24 4.78% 25.71% OCT 817,488.32 823,887.89 999,082.28 941,636.38 3,915,849.19 3,780,560.15 3.58% 33.84% NOV 878,420.66 856,575.22 814,272.12 1,011,279.09 4,927,128.28 4,689,938.47 5.06% 42.59% DEC 861,094.09 925,988.13 1,063,736.93 998,598.21 5,925,726.49 5,706,886.52 3.83% 51.22% JAI~ 902,957.19 764,342.51 1,246,059.93 1,472,857.45 7,398,583.94 6,746,144. lQ 9.67% 63.95% FEB 767,550.35 961,108.95 840,387.06 776,468.62 8,175,052.56 7,662,577.78 6.69% 70.66% MAR 917,886.40 951,294.80 878,933.63 952,228.38 9,127,280.94 8,642,889.01 5.60% 78.89% APR 854,740.15 772,218.47 911,767.22 878,866.13 10,006,147.07 9,548,506.71 4.79% 86.48% M~Y 844,189.01 843,335.81 1,035,568.31 946,785.46 10,952,932.53 10,519,892.16 4.12% 94.67% JUN 995,500.21 934,578.02 1,013,698.03 1,006,574.42 11,959,506.95 11,570,000.00 3.37% 103.37% TOTALS 10,499,475.56 10,458,639.73 11,476,164.45 11,959,506.95 11,959,506.95 11,570,000.00 3.37% 103.37% (TO DAT~) (TO DAT~) %INCREASE 12.56% -0.39% 9.73% 4.21~ (TO D~T~) * projected Collections are based on proration of previous t. hr~e ~ears data. 13 CrlT OF ROANOKE SALES TAX HISTORY DETAIL F~ 1986 - ~f 1989 J~ NOV JkN JU~ FY89 ~ONTI~¥ 922,821.92 1,088,572.79 962,018.10 941,636.38 1,011,279.09 998,598.21 1,472,857.45 776,468.62 952,228.38 878,866.13 946,785.46 1,006,574.42 11,959,506.95 F¥89 ~ INC(O~C) n~C(OSC) 922,821.92 -0.87% -0.87% 2,011,394.71 24.50% 11.42% 2,974,212.81 11.00% 11.28% 3,915,849.19 -5.75% 6.65% 4,927,128.28 24.19% 9.83% 5,925,726.49 -6.12% 6.77% 7,398,583.94 i8.20% 8.87% 8,175,052.56 -7.61% 7.06% 9,127,280.94 8.34% 7.19% 10,006,147.07 -3.61% 6.14% 10,952,932.53 -8.57% 4.69% 11,959,506.95 -0.70% 4.21% Jill AU(; OCT NOV DEC JAN' FEB APR ~¥ Jill{ F¥88 930,896.44 874,383.26 867,379.24 999,082.28 814,272.12 1,063,736.93 1,246,059.93 840,387.06 878,933.63 911,767.22 1,035,568.31 1,013,698.03 11,476,164.45 m87~fD n~c(1)~c) 930,896.44 6.50% 6.50% 1,805,279.70 0.62% 3.57% 2,672,658.94 -1.69% 1.80% 3,671,741.22 21.26% 6.45% 4,%86,013.34 -4.94% 4.19% 5,549,750.27 14.88% 6.08% 6,795,810.20 63.02% 13.34% 7,636,197.26 -12.56% 9.76% 8,515,130.89 -7.61% 7.67% 9,426,898.11 18.07% 8.60% 10,462,466.42 22.79% 9.85% 11,476,164.45 8.47% 9.73% 14 UTILITY TAX REVENUE ¢l"r'f OF ROANOKE 66O 62O 6O0 58O 54O 52O 5O0 48O 440 JUl AUG SEP OCT NOV DE;¢ JAN F,C:.B MAR APR MAY JUN ~40NTH c~ FY 89 · FY 88 ~ FY 87 ~. FY 86 CITY OF ROI~OKE, VIEG]]U.~ UTIL1TY T~Z HISTORY ~ECA~ FY 1986 - FY 1989 MOIi'i'H FY 19136 * PROJECTED % TOT FY 1987 FY 1988 FY 1989 FY 1989 FI9 COLLECTIOi{S % Vt~.IA~CE BDI3~ET JUL 587,898.62 652,446.88 641,031.61 646,466.46 646,466.46 658,138.63 -1.77% 8.82% AUG 595,988.84 645,183.30 645,100.51 657,026.66 1,303,493.12 1,317,989.81 -1.10% 17.78% SEP 598,757.01 585,330.79 603,912.10 624,040.14 1,927,533.26 1,943,463.47 -0.82% 26.30% (3CT 506,027.59 544,678.07 517,117.73 535,756.01 2,463,289.27 2,491,915.52 ~1.15% 33.61% NOV 513,996.15 544,697.40 542,011.32 548,123.20 3,011,412.47 3,051,870.10 -1.33% 41.08% DEC 577,496.90 606,637.36 591,446.01 586,927.89 3,598,340.36 3,672,999.14 -2.03% 49.09% JAN 653,175.82 649,090.19 620,732.43 608,272.45 4,206,612.83. 4,345,697.65 -3.20% 57.39% FEB 629,922.97 635,903.49 610,118.97 587,525.83 4,794,138.64 5,001,936.18 -4.15% 65.40% MAR 607,423.99 617,748.80 5~2,504.43 577,003.93 5,371,142.57 5,634,293.31 -4.67% 73.28% APR 549,368.64 563,220.93 538,467.86 550,934.39 5,922,076.96 6,211,862.09 -4.67% 80.79% MAY 535,885.84 517,52~.92 525,700.79 636,471.21 6,558, 54~. 17 6,764,262.24 -3.04% 89.48% JUN 611,700.73 442,589.68 562,946.47 514,610.49 7,073,158.66 7,330,000.00 -3.50% 96.50% TOTALS 6,967,643.10 7,005,049.81 6,981,090.23 7,073,158.66 7,073,15~.66 7,330,000.00 -3.50% 96.50% (TO DATE) (TO 3.43% 0.54% -0.34% 1.32% (~o ~mTE) * projected Collections ar~ based on proration of previous three years data. 15 CITY OF ROAnOkE, ~IR(]]~/J UTILITY T~X HISTORY DETAIL FY 1986 - F~ 1989 JUL OCT NOV DEC JAN FEB APR JUN FY89 646,466.46 657,026.66 624,040.14 535,756.01 548,123.20 586,927.89 608,272.45 587,525.83 577,005.93 550,934.39 636,471.21 514,610.49 7,073,158.66 FY89 FI'D n~C(D'~C ) D~C(D~,C ) 646,466.46 0.85% 0.85% 1,303,493.12 1.85% 1.35% 1,927,533.26 3.33% 1.98% 2,463,289.27 3.60% 2.33% 3,011,412.47 1.13% 2.11% 3,598,340.36 -0.76% 1.63% 4,206,612.81 -2.01% 1.09% 4,794,138.64 -3.70% 0 5,371,142.57 -0.94% 0.32% 5,922,076.96 2.32% 0.50% 6,558,548.17 21.07% 2.19% 7,073,158.66 -8.59% 1.32% JUL AD(] SKI) OCT NOV DEC FEB NAR APR JUN FY88 641,031.61 645,100.51 603,912.10 517,117.73 542,011.32 591,446.01 62~,732.43 610,118.97 582,504.43 538,467.86 525,700.79 562,946.47 6,981,090.23 FY887 ~ MOI,'T~¥ % CUWDI.%TJ.V~ mC(D~C) mC(DI~C) 641,031.61 -1.75% -1.75% 1,286,132.12 -0.01% -0.89% 1,890,044.22 3.17% 0.38% 2,407,161.95 -5.06% -0.84% 2,949,173.27 -0.49% -0.78% 3,540,619.28 -2.50% -1.07% 4,161,351.71 -4.37% -1.58% 4,771,470.6~ -4.05% -1.90% 5,353,975.11 -5.71% -2.33% 5,892,442.97 -4.39% -2.52% 6,418,143.76 1.58% -2.20% 6,981,090.23 27.19% -0.34% 16 200 150 ~0 0 PREPARED, FOODS TAX REVENUE CI'I"( OF ROANOKE, VIRGINIA ,JUL AUg ~EP OCT NOV DEC JAN FEB MAR APR [WAY JUN MONTH ¢I'1~ OY ROANOEB, VIRGI]E~ ~P,~AP,~D ~OODS T~ ~ ~ ~ 1~ - ~ 1~9 * PROJECTED % TOT 80RTH F~ 1986 FY 1987 FY 1988 FY 1989 FY 1989 FID COLLECTIOI~ % VA~IJ94CE BUD{3ET JOL 0.00 0.00 331,203.18 331,203.18 0.00 0.00% 8.95% AUG 0.00 0.00 322,335.17 340,101.56 671,304.74 334,609.95 100.62% 18.14% SEP 0.00 0.00 309,178.90 333,748.79 1,005,053.53 655,562.63 53.31% 27.16% OCT 0.00 0.00 340,273.15 338,962.28 1,344,015.81 1,008,793.65 33.23% 36.32% NOV 0.00 0.00 315,721.05 325,583.24 1,669,599.05 1,336,537.61 24.92% 45.12% DEC 0.00 0.00 353,974.29 373,492.33 2,043,091.38 1,703,991.52 19.90% 55.22% JAN 0.00 0.00 288,110.97 296,634.05 2,339,725.43 2,003,073.98 16.81% 63.24% FEB 0.00 0.00 289,130.50 297,331.3~ 2,637,056.81 2,303,214.80 14.49% 71.27% MAR 0.00 0.00 329,966.98 342,043.02 2,979,099.83 2,645,747.18 12.60% 80.52% APR 0.00 0.00 340,260.51 357,146.17 3,336,246.00 2,998,965.09 11.25% 90.17% MAY O.OO 0.00 339,686.65 350,834.81 3,687,080.81 3,351,587.27 10.01% 99.65% JUN 0.00 0.00 335,631.61 350,834.81 4,037,915.62 3,700,000.00 9.13% 109.13% TOTALS 0.00 0.00 3,564,269.78 4,037,915.62 4,037,915.62 3,700,000.00 9.13% 109.13% (~0 ])~) ¢0 D~) %I}{0REASE 13. B * Projected Collections are based on proration of pmvions thr~ ynsrs data. 17 CI~ OF RO~O~, V~O~ P~D F00D$ TN ~ FY 1986 - ~n/ 1989 JUL A06 NOV DEC J~ FEB AiR JUN [;'~89 MONTHLY ~89 ~I~LY % n{c({)sc) mc(Dsc) 331,203.18 331,203.18 340,101.56 671,304.74 5.51% 108.26% 333,748.79 1,005,053.53 7.95% 59.15% 338,962.28 1,344,015.81 -0.39% 38.30% 325,583.24 1,669,599.05 3.12% 29.68% 373,492.33 2,043,091.38 5.51% 24.47% 296,634.05 2,339,725.43 2.96% 21.25% 297,331.38 2,637,056.81 2.84% 18.85% 342,043.02 2,979,099.83 3.66% 16.89% 357,146.17 3,336,246.00 4.96% 15.48% 350,834.81 3,687,080.81 3.28% 14.20% 350,834.81 4,037,915.62 4.53% 13.29% 4,037,915.62 JIIL AU(~ HEP OCi' NOV DEC JAil {'iAI{ Ail{ [,{AY JUl4 FY88 ){)~y ~ ~ 0.00 0.00 322,335.17 322,335.17 309,178.90 631,514.07 340,273.15 971,787.22 315,721.05 1,287,508.27 353,974.29 1,641,482.56 288,110.97 1,929,593.53 289,130.50 2,218,724.03 329,966.98 2,548,691.01 340,260.51 2,888,951.52 339,686.65 3,228,6,38.17 335,631.61 3,564,269.78 3,564,269.78 ~C(DSC) mC(DEC) 18 GENERAL FUND CONTINGENCY BALANCE AS OF JUNE 30, 1989 General Contingency: Balance July 1, 1988 Economic Development Economic Development Economic Development Social Services Health Department Health Department Contributions Social Services Jail Finance City Manager Economic Development Building Maintenance Economic Development City Manager Emergency Services Residual Fringes TAP State Reimbursement Municipal Auditing Engineering Commonwealth Attorney City Manager Grounds Maintenance Clerk of Circuit Court Building Maintenance Economic Development Emergency Med. Services Emergency Med. Services Emergency Med. Services City Council City Council City Attorney City Attorney J & D Court Economic Development Community Planning Clerk of Circuit Court Registrar Transfer to Capital Fund Foster Care Board of Equalization City Council City Council Advertising Advertising Trinkle Property Option Local Match Equipment Equipment Christmas Decorations Local Match Local Match Equipment Subsidy to VWCC Supplies Building Remodeling Trinkle Building Expenses PTI Professional Services NOAAWire Service BC/BS Transitional Living Center Jail Pods Independent Audit Soil Survey Local Salary Match Strategic Planning Equipment Rental Management Services Buena Vista Rec. Center Property Appraisals EMS Task Force EMS Task Force EMS Task Force Operating Expenditures Operating Expenditures Membership Dues Fees for Prof. Services Shelving Travel Expenses Training Insurance Operating Expenses Autumn Lane Houses Foster Care Answering System Operating Expenses Operating Expenses $ 412,097 1,700) 4,667} 3,O0O) 16,344) 4,495) 1,847) 25,000) 6,402) 1,200) 1,786) 1,567) 3,OO0) 1,805) 1,975) 4,540) 4,097) 26,950) 17,847) 24,000 8,000) 8,5oo) 5,688) 3,535) 5,000) 5,000) 2,500) 5,ooo) 5,000) 5,000) 1,996) 5,000) 5,o0o) 1,800) 5,000) 8O) 5,000) 1,400) 1,175) 32,000) 60,000) 5,425) 308) 5,000) 5,000) 19 GENERAL FUND CONTINGENCY BALAN(~ (Continue~) AS OF DIFNE 30, 1989 General Contingency: (Continued) Parks and Recreation City Manager City Council City Manager Management & Budget City Manager Economic Development Conm~nity Planning Emergency Med. Services Management & Budget Transfer to Capital Fund Contributions Economic Development Fencing Postage for Annual Report Consolidation Meetings Strategic Planning Cable TV Consultant Printing Annual Report Professional Services Consulting Fees Planning Fees Recycling Planning Parks Renovations VWCC Arboretum Advertising $( 5,000 5,000 5,000 3,875 5,000 13,665 2,250 1,500 2,615 3,000 60,000 8,928 ( 4,635) Maintenance of Fixed Assets Contingency: Balance July 1, 1988 Building Maintenance Building Maintenance Building Maintenance Stadium Seats Various Bldg. Renovations Various Bldg. Renovations 200,000 16,660) 95,459) 87,881) -0- Equipment Replacement Contingency: Balance July 1, 1988 School Board Grounds Maintenance City Treasurer Commissioner of Revenue Billings & Collections Billings & Collections Community Planning Co~aunity Planning Emergency Med. Services Emergency Med. Services Municipal Parking Garage Grounds Maintenance Fire Operations Street Maintenance Police Patrol Fire Operations Police Investigation Buses Tractor Personal Computers Computer Printer Equipment Equipment Personal Computers Personal Computers Communications Equipment Communications Equipment Sweeper Vehicles Vehicle Equipment Vehicles Vehicles Vehicles $ 750,000 4,870) 2,500) 3,336) 14,900) 12,706) 4,002 4,002 2,060) 5,OO0) 14,106) 93,160) 172,107) 31,749) 133,126) 15,082) 84,595) 2~699 Total Contingency Balance 2,699 20 CITY OF ROANOKE GENERAL FU~D STA'£~NT OF RE%~]UE $ 42,668,381 34,381,148 453,572 708,454 1,359,927 30,910,336 22,691,957 934,877 2,076,405 714,435 1,580.968 General Property Taxes $ 39,706,849 Other Local Taxes 32,308,275 Permits Fees and Licenses 472,372 Fines and Forfeitures 566,993 Revenue From Use of Money & Property 1,340,841 Education 28,666,358 Grants-in-Aid Co~m~om;ealth 20,852,574 Grants-in-Aid Federal Gove~,~nt 1,414,558 Charges for Current Services 1,903,218 Non-Revenue Receipts 953,063 Interna/ Services . 1.700.232 7.46% $ 40,962,775 104.16% 6.42% 32,867,964 104.60% 3.98%) 428,500 105.85% 24.95% 557,000 127.19% 1.42% 1,332,687 102.04% 7.83% 30,665,130 100.80% 8.82% 22,442,341 101.11% 33.91%) 868,423 107.65% 9.10% 1,847,820 112.37% 25.04%) 603,856 118.31% 7.01%) 1,494,300 105.80% Total ~129r885r333 $138r480,460 6.62% $134,070,796 103.29% 21 CITY OF ROANOKE, VIRGINIA GENERAL FUND STATEMENT OF EXPENDITURES AND ENCUMBRANCES General Government Judicial Admirdstration Public Safety Public Works Health and Welfare Parks, Recreation & Cultural C~ammity Develot~.at Education Debt Service Non-Departmental ?oral Ju/y 1-J~e 3~ J~ly 1-J~ 3~ l~e~ta~e 19~7-fl~ 19fl~-~9 of ~ $ 7,461,758 $ 7,844,854 5.13% $ 50,539 2,628,739 2,798,968 6.48% 60,596 22,518,136 24,094,405 7.00% 259,941 17,776,940 19,699,950 10.82% 191,267 10,394,532 11,350,670 9.20% 222,309 2,988,515 3,355,491 12.28% 12,924 1,037,258 1,214,675 17.10% 14,142 55,332,387 58,494,603 5.71% 126,920 7,961,671 7,945,058 ( .21%) 1,543,815 4,074,037 163.80% 341,139 $129,643,751 $140,872,711 8.66% $ 1,279,777 $ 7,895,393 99.36% 2,859,564 97.88% 24,354,346 98.93% 19,891,217 99.04% 11,572,979 98.08% 3,368,415 99.62% 1,228,817 98.85% 58,621,523 99.78% 7,945,058 100.00% 4,415,176 92.27% $142.152.488 99.10% 22 CAPITAL PROJECTS FUND STATEMENT OF EXPENDII~KES, EN~S AND UNENCUMBERED APPROPRIATIONS SU}~IARY AS OF JUNE 30, 1989 ~eneral Sovermnunt $ 1,831,006 $ 3,762,222 $ 5,593,228 $ 1,665,635 $ 3,927,593 $ 519,429 $ 3,408,164 Education 819,365 6,065,321 6,884,686 3,032,907 3,851,779 79,009 3,772,770 Eecr~afion 813,292 599,836 1,413,128 806,643 606,485 521,003 85,482 Streets and Bridges 2,351,934 3,238,974 5,590,908 2,939,030 2,651,878 1,444,972 1,206,906 Sanitation Projects 6,068,395 1,567,701 7,636,096 6,073,100 1,562,996 643,974 919,022 Traffic Eng. & Co~nunicatton 1,242,625 153,795 1,396,420 763,825 632,595 45,294 587,301 Other Infrastructure Projects 272,014 374,986 647,000 302,990 344,010 115,775 228,235 Capital lmproYemant Reserve 2,969,073 3,553,472 6,522,545 6,522,545 - 6,522,545 Total Capital Projects Fund $16,367,704 $19,316,307 ~35,684,011 $15.584.130 $20.099.881 $3.369.456 $16.730.425 23 CIT~ OF ROANOKE WA'£~ FUND CO~PA~ATI~E INCOME S~ATE]~E~"T FOR THE 12 MONT~S ENDED ~ 30, 1989 Operating Revenue: Commercial Sales Domestic Sales Industrial Sales Town of Vinton Roanoke County Customer Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services General Expenses Pumping Stations and Tanks Purification Total Operating F~. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Rents Miscellaneous Bad Debt Collections Flood Damage Reinf0ursement Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating F~enses Interest Expense Total Non-Operating Expenses Net Income 1989 $1,050,647 1,458,110 104,401 65,099 991,787 397~936 4~067~980 801,231 1,367,369 409,787 210~045 2~788~432 1,279,548 688~099 591~449 196,191 7,950 1,007 4,196 61~932 271~276 862,725 18{267 18~267 $ 844~458 1988 $1,006,364 1,466,022 114,164 49,558 1,123,331 392~669 4~152f108 772,481 1,653,950 348,445 183f731 2~958f607 1,193,501 670t674 522t827 136,040 8,613 998 6,082 151~733 674,560 27~667 27~667 $ 646~893 24 FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect Water - New Service, Hyd., Lines Water - Unidentified Plant Replacement Water - Fire Hydrants Water Maintenance - Painting 12 Line Airport Road - Phase II FC Plans & Specs CC Security/Concession Replacement FY86 Project Design Chip Drive NE @ RCIT Glade View Drive NE Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year toD ate Expenditures $ 590,553 130,033 24,549 11,883 31,450 104,170 99,979 12,103 5,550 2~775 1,013,045 12~103 $1,000~942 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 25 CITY OF ROANOKE SEWAGE TREATMENT FUND CO~PARATi~g INOO~ STATEM]Eh'T FOR '1%i1~ 12 MONTHS ENDED JUNE 30, 1989 Operating Revenue: Sewage Charges - City Sewage Charges - County Sewage Charges - Vinton Sewage Charges - Salem Sewage Charges - Botetourt County Customer Services Interfund Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Administrative and Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Flood Damage Reimbursement Interest on Investments Miscellaneous Bad Debt Collections Transfer from General Fund Total Non-Operating Income Income Before Non-operating Expenses Less: Non-Operating Expenses Interest Expense Loss on Disposition of Assets Total Non-Operating Expenses 1989 $ 3,868,092 660,178 244,112 898,039 49,532 105,352 19r082 5,844,387 1,245,176 3~942,285 5,187,461 656,926 925,606 268,680) 247,579 232,396 29,697 7,453 40,000 557r125 288,445 102,690 5,525 108~215 1988 $ 3,822,485 665,682 226,034 905,621 44,505 126,529 10,757 5,801f613 1,173,165 3,953~295 5,126,460 675,153 907,686 232,533) 266,464 14,738 6,530 287,732 55,199 121,238 2,312 123,550 Net Income (Loss) ~{ 68~351) 26 SEWAGE TREATMENT FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Project Unidentified Construction Other Equipment Construction - Other S.T.P. Flood Relief Williamson Road West Sewer Project FY86 Projects Design Mud Lick Sewer - Land Purchase S.T.P. Land Acquisition Williamson Road East Sewer Ph. I, Cont. II Blue Hills Dr. Ext. @ RCIT Fine Mesh Screens Williamson Road Storm Drain Ph. 2, Cont. IIA Norwood Sanitary Sewer Replacement Williamson Road Storm Drain Ph. 2, Cont. IIB Chip Drive, NE @ RCIT Glade View Drive NE Mud Lick Sanitation Sewer Replacment Ph. II Wmsn. Road Storm Drain Ph. 2, Cont. IIC Coyner Springs Sewer Year to Date Expenditures $ 170,474 8,280 20,120 294,556 48,900 25,318 806,876 19,662 380,994 23,943 58,237 420,913 164,278 373,097 4,875 5,175 449,038 259,035 18~384 Total Project Expenditures Less Prior Year Expenditures Total C~rrent Year Expenditures 3,552,155 1~912~797 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 27 ROANOKE REGIONAL AIRPORT COmmISSION COMPARATIVE INCOME STATEMENT FOR '£~ 12 MONTHS ENDED JUNE 30, 1989 Operating Revenue: Landing Fees Building and Equipment Rentals Terminal Building Rentals Other Property Rentals Advertising Commissions Fuel and Oil Sales Commissions Miscellaneous Fees Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Interest on Investments Interest on Revenue Bonds State Grant for Advertising Roanoke County Base Service Fee Total Non-Operating Income Income Before Non-Operating Expense Less: Non-Operating Expense Interest Expense Bond Discount Amortization Interest Expense 88 Revenue Bonds Amortization of Bond Issuance Expense Interest on Short Term Borrowing Total Non-operating Expense 1989 $ 429,619 163,654 196,011 28,944 24,300 1,585,010 32,802 80,792 2,541,132 565,518 1~289~760 1~855~278 685,854 606~078 79,776 216,235 169,654 11,483 264r640 662~012 741,788 105,121 1,050 158,681 10,428 10r973 286,253 1988 396,178 169,433 202,600 23,314 23,946 1,509,041 32,967 22,600 2~380t079 430,896 lf273~857 lt704t753 675,326 628f964 46~362 141,415 264~640 406~055 452,417 111,218 111~218 Net Income $ 341t199 28 ROANOKE REGIONAL AIRPORT CO~ISSION CO~ISSION Capital Outlay Not Included in Operating Expenses: Project Other Equipment Paint Hangars Overlay GA & TW Unidentified Construction Repaint R/W & T/W Markings Roof Repairs - Replacement Runway Extension #23 New Terminal Building Noise Protection and Soundproofing Total Project Expenditures Less Prior Year Expenditures Total Current Year Expenditures Year to Date Expenditures 18,089 38,307 43,000 52,290 1,996 100 275,007 18,695,549 40,487 19,164,825 6~968~085 $12,196~740 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 29 CITY OF ROANOKE CIVIC CF~'rKK FUND COMPARATIVE INCOME ST~TEMEi~ FOR THE 12 MONT~S ENDED JUNE 30, 1989 Operating Revenue: Rentals Parking Fee Event Expenses Advertising Admissions Tax Commissions Total Operating Revenue Less: Operating Exp. Before Depreciation Administrative: Personal Services Utilities and Co~unications Administrative Expenses Promotional Expenses: Personal Services Services and Charges Total Operating Exp. Before Depreciation Operating (Loss) Before Depreciation Less: Depreciation Operating (Loss) Add: Non-Operating Income Supplement from General Fund Interest on Investments Miscellaneous Total Non-Operating Income 1989 420,869 94,454 152,979 9,288 145,303 136t569 959{462 529,825 388,146 602,673 72,743 6~500 1~599~887 640,425) 343~062 983,487) 756,340 50,059 4~923 811~322 1988 $ 437,245 101,807 166,933 9,625 151,326 123t507 990~443 508,990 297,174 614,554 72,900 9f130 lt502~748 512,305) 324~113 836t418) 536,340 48,298 7t943 592,581 Net (Loss) ~l 172f165) 3O Ci~IC CEB'r~K FUND CONTINUED Capital Outlay Not Included in Operating Expenses: Pro~ect Other Equipment Elevator for Handicapped Steps on Terrace and Handicap Ramp Trade & Convention Center Study Year to Date Expenditures $ 96,541 17,504 23,916 45~124 Total Project Expenditure Less Prior Year Expenditure Total Current Year Expenditures 183,085 15~726 ~167~359 NOTE: Some of these projects are continued from FY87 and FY88 with inception to date totals. 31 CITY OF ROANOKE II~T~L SERVICE FUND CONPARATIVW. INCO}~ STAT~T FOR 'l~u~ 12 MONTHS ENDED 3UNE 30, 1989 Operating Revenue: Charges for Services Total Operating Revenue Less: Operating Exp. Before Depreciation Personal Services Operating Expenses Total Operating Exp. Before Depreciation Operating Income Before Depreciation Less: Depreciation Operating Income Add: Non-Operating Income Transfer from Other Funds Interest on Investments Total Non-Operating Income Income Before Non-Operating Expenses Less: Non-Operating Expenses Loss on Disposition of Assets Total Non-Operating Expenses Net Income 1989 $6~184r991 6r184r991 3,690,751 1{795~499 5~486~250 698,741 688~103 10~638 39,158 100r047 139~205 149,843 16~976 16~976 $ 132~867 1988 $6~217~016 6~217r016 3,553,625 lr872~249 5~425~874 791,142 618~032 173~110 38,043 64r349 102~392 275,502 76~794 76~794 $ 198~708 32 IN'£~J{NAL ~RVICE ~ CONTII~ED Capital Outlay Not Included in Operating Expenses: Project Mgt. Services - Furniture and Equipment Mgt. Services - Vehicular Equipment Mgr. Services - Other Equipment CIS - Other Equipment MVM - Furniture and Equipment MVM - Vehicle Equipment MVM - Other Equipment ULS - Furniture and Equipment ULS - Vehicle Equipment ULS - Other Equipment ULS - Land Purchase Year to Date Expenditures $ 2,070 12,378 20,666 108,609 942 28,727 13,188 1,490 116,989 55,810 5~796 Total $ 366~665 33 CITY OF ROANOKE, VIRGINIA CITY TREASURER'S OFFICE GENERAL STATENENT OF ACCOUNTABILITY FOR HONTN ENOED JUNE 30, 1989 TO THE DIRECTOR OF FINANCE: GENERAL STATEHENT OF ACCOUNTABILITY OF THE CITY TREASURER OF THE CITY FOR THE FUNDS OF SAID CITY THE HONTN ENDED JUNE 30, 1989. OF ROANOKE, VIRGINIA FUND BALANCE AT RECEIRTS DI58URSENENTS BALANCE AT BALANCE AT NAY 31, 1989 JUNE 80, 1989 JUNE 80, 1988 GENERAL $15,580,D05.68 $9,965,308.48 S9,748,651.66 $15,797,460.45 $11,577,112.63 CAPITAL $17,998,939.06 $1,636,8&7.97 $6,685,766.84 $10,945,440.79 $15,951,640.05 OEBT SERVICE $599,851.84 $5,854,825.9& 1875,514.89 16,178,16D.D1 S6,059,618.48 DATER 18,355,108.99 S347,988.51 $507,728.56 $0,195,305.94 $~,048,400.90 SENAGE TREATNENT $8,663,736.54 S904,858.~9 $1,D19,010.49 $8,548,979.34 $3,185,5&0.81 AIRPORT S8,554,474.68 $I,021,197.15 11,283,255.45 10,84e,41A.38 $1,85D,67D.lO CIVIC CENTER $612,161.84 $876,229.38 $188,841.84 KD49,55D.18 $771,834.4D INTERNAL SERVICE $I,464,783.68 $581,034.28 $530,943.5! 11,814,D74.65 $3~5,886.87 PAYROLL 151,326,0D1.96! 14,658,5fl0.84 $5,808,546.EE i$2,473,047.84! 151,42~,34D.591 PUBLIC ASSISTANCE i$844,829.81) $358,~0D.57 $346,258.37 {$387,882.31l FIFTH DIST CONSORTIUN $11,770.49 $126,301.74 $128,860.07 $9,214.16 154,877.27) GRANT PROGRAHS ($949,733.67! $1,350,457.81 $337,475.95 $63,048.19 TOTAL $42,214,988.66 $27,174,0DI.43 $26,754,347.35 CERTIFICATE I HEREBY CERTIFY THAT THE FOREGOING IS A TRUE STATENENT OF NY ACCOUNTABILITY TO THE CITY OF ROANOKE, VIRGINIA, FOR THE FUNDS OF THE VARIOUS ACCOUNTS THEREOF F~ THE NONTN ENDING JUNE 30, 1989 THAT SAID FOREGOING: CERTIFICATES CASH OF DEPOSITS UNITED STATES SECURITIES CASH IN HAND CASH IN BANK INVESTNENTS ACQUIRED FRON CONPETITIDE PROPOSALS: CENTRAL FIDELITY COLONIAL ANERICAN NATIONAL BANK COREAST 5AGING5 BANK CflESTAR BANK DONINZON BANK PERPETUAL SAVINGS BANK SIGNET BANK SOVRAN RANK $E00,678.98 S233,543.82 TOTALS S200,678.92 $288,543.32 $3,000,000.00 $3,000,000.00 S9,000,000.00 $9,000,000.00 $12,000,000.00 $12,000,000.00 15,200,000.00 $8,200,000.00 S6,000,000.00 $6,000,000.00 $3,000,000.00 $4,000,000.00 $7,000,000.00 TOTALS S434,~22.74 $33,000,000.0D $9,20.~000.00 $42,&34,222.74 DATE: JULY 17, 1989 //,/',~.,~/./~--.,m,,, ROANOKE CITY TREASURER CITY OF ROANOKE PENSION PLAN STATEMENT OF RE~IENUE AND FOR T~E 12 MONTHS E~ED JUNE 30, 1989 City's Contributions Investment Income Gain on Sale of Investments Income from Bond Discount Amortization Total Revenue 1989 $ 4,965,290 6,081,382 3,206,340 234~933 1988 $ 5,141,899 5,304,057 1,343,410 242t064 ~12~031f430 Pension Pa!anents Commissions Active Service Death Benefit Expense from Bond Premium Amortization Insurance Expense Administrative Expense Total Expenses Net Income $ 4,474,847 431,149 24,374 250,291 124t172 5t304~833 $ 9f183fl12 $ 4,096,668 401,300 7,690 269,615 5,179 138r701 4r919~153 % 7f112~277 35 CITY OF ROANOKE P~SION PLAN BALANCE AS OF JUNE 30, 1989 ASSETS Cash Investments: (market value - 1989 $101,785,034 and 1988 $ 89,928,118) Due From Other Funds Accrued Investment Income Total Assets 1989 1988 5,389 $ 5,485 94,320,547 323,526 lr271~815 ~95f921f277 85,353,900 269,714 1~099t369 ~86~728f468 LIABILITIES AND FUND BALANCE Accounts Payable Total Liabilities Fund Balance, July 1 Net Income Fund Balance Total Liabilities and Fund Balance $ 112~203 112~203 $86,625,962 9~183~112 95~809~074 ~95r921r277 $ 102~506 102r506 $79,513,685 7~112~277 86~625~962 ~86~728r468 36 Office ofthe City Clerk August 30, 1989 Fi le #27 Aaron J. Conner General ContractOPo P. O. Box 6068 Roanoke, Virginia 24017 Ineo Ladies and Gentlemen: [ am enclosing copy of Ordinance No. 29743-82889 accepting your bid for construction of William$on Road Storm Drain, Phase 2, Contract IF, Right Segment, in the total amount of $776~269.35. Ordinance No. 29743-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, CMC' City Clerk MFP:ra Enco pc: Mr. W. Robert Herbert, City Manager Mr. Joel M. Schlanger, Director of Finance Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton~ Construction Cost Technician Mr. Kit B. Kiser, Director of Utilities and Operations Room456 MunicipalBuilding 215Church Avenue. S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk August 30, 1989 File #27 F. L. Showalter, Inc. P. 0. Box 11525 Lynchburg, Virginia 24506 Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29743-82889 accepting the bid of Aaron J. Conner General Contractor, Inc.~ for construction of Williamson Road Storm Drain~ Phase 2~ Contract IF, Right Segment, in the total amount of $776,269.35. Ordinance No. 29743-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Since,ely, Mary F. Parker, CMC City Clerk MFP:ra Enc. R~om456 MunicipalSuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk August 30, 1989 File #27 R. S. Jones & Associates~ P. O. Box 1655 Abingdon, Virginia 24210 Inc. Ladies and Gentlemen: I am enclosing copy of Ordinance No. 29743-82889 accepting the bid of Aaron J. Conner General Contractor, Inc.~ for construction of Williamson Road Storm Drain, Phase 2~ Contract IF~ Right Segment, in the total amount of $776~269.35. Ordinance No. 29743-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28~ 1989. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, Mary F. Parker, City Clerk MFP: ra Enc· Room 456 MunicipaIBuilding 215 Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of August, 1989. No. 29743-82889. VIRGINIA, AN ORDINANCE accepting the bid of Aaron J. Conner, General Contractor, Inc., for construction of Williamson Road Storm Drain Phase 2, Contract IF, Right Segment, upon certain terms and con- ditions, 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 provid- ing 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 $776,269.35 for construction of Williamson Road Storm Drain, Phase 2, Contract IF, Right Segment, such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid. is on file in the Office of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on 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. Office of the City Clerk August 30, 1989 File #60-27 Mr. Joel M. Schlanger Director of Finance Roanoke~ Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29742-82889 amending and reordaining certain sections of the 1989-90 Sewage and Capital Funds Appropriations, providing for the appropriation of $42,324.00 from Sewer Funds Retained Earnings and the transfer of $811,573.00 from the i988 Series Public Improvement Bonds, Storm Drain Category, in connection with award of a contract to Aaron- J. Conner General Contractor, Inc., in the amount of $776,269.35, for construction of Williamson Road Storm Drain, Phase 2, Contract IF, Right Segment. Ordinance No. 29742-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely~ Mary F. Parker~ City Clerk MFP:ra Enc. pc: Mr. Mr. Mr. Ms. Mr. W. Robert Herbert~ City Manager William F. Clark, Director of Public Works Charles ~. Huffine~ City Engineer Sarah E. Fitton~ Construction Cost Technician Kit B. Kisero Director of Utilities and Operations Room 456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of August, 1989. No. 29742-82889. 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 the Council of the City of Roanoke that certain sections of the 1989-90 Sewage and Capital Funds Appropriations, be, and the same are hereby, amended and- reordained to read as follows, in part: Sewage Fund APPropriations Capital Outlay From Revenue Williamson Road Storm Drain Ph. 2, Contract IF (1). Retained Earnings Retained Earnings - Unrestricted (2) ............... $ 5,603,131 42,324 $13,648,646 Capital Fund Appropriations Sanitation Williamson Road Storm Drain Ph. 2, Contract IF (3). Capital Improvement Reserve Public Improvement Bonds Series 1988 (4) ......... 1) Appr. from General Revenue 2) Retained Earnings - Unrestricted (003-056-8446-9003) $ 42,324 (003-3336) ( 42,324) $10,190,317 811,573 3,968,324 2,147,829 3) Appr. from Bonds 4) Storm Drains (008-052-9635-9001) $ 811,573 (008-052-9603-9176) (811,573) BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Honorable Mayor and Mem~rs~0f'C6uncii~ Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Williamson Road Storm Drain Phase 2, Contract IF Right Segment Roanoke, Virginia August 28, 1989 I. Background: Project is part of the on-going design and construction of the overall storm drainage system for the Williamson Road Area and represents the second of the last three remaining segments to be constructed. Segment begins at the vicinity of Grandview and Ravenwood and will be serving the general area of Grandview and Roundhill in the northwest regions of the City of Roanoke. Cit~ Council received and publicly opened three (3) bids for the subject project at 2:00 p.m., Monday, July 24, 1989 with Aaron J. Conner, General Contractor, Inc. submitting the low base bid in the amount of $776~269.35. 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 $776,269.35 and establish a 10% contingency fund for the project in the amount of $77,626.93. 1. Compliance of the bidders with requirements of the contract documents has been met. Page 2 IV. 2. Amount of low base bid is 14.5% below the Engineer's estimate and is acceptable. o Funding 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: Authorize award of a unit price contract to Aaron J. Conner, General Contractor, Inc. in the amount of $776~269.35 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 $77~626.93. 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 IF, Right Segment" to be designated by the Director of Finance. 1. Appropriate from Sewer Funds Retained Earnings, the amount of $42~323.60. Transfer from the 1988 Series Public Improvement Bonds, Storm Drain Category, Account Number 008-052-9603-9176 the amount of $811~572.68. The combined appropriated and transfered funds shall include $776~269.35 contact amount and $77~626.93 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 TABULATION OF BIDS WILLIAMSON ROAD STORM DRAIN PHASE 2, CONTRACT I-F RIGHT SEGMENT Bids publicly opened and read aloud on Monday, July 24, 1989 at 2:00 p.m. BASE BID & BID BOND BIDDER ALTERNATE BID RECEIVED Aaron J. Conner, General Contractor, Inc. $776,269.35 YES R. S. Jones & Associates $948,807.00 YES F. L. Showalter $956,395.00 YES Engineer's Estimate: $908,200.00 Robert A. Garland, Chairman William F. Clark ~ Ki~ 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 Roanoke, Virginia August 28, 1989 Dear Members of Council: Subject: Bid Committee Report Williamson Road Storm Drain Phase 2, Contract IF Right 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 Roanoke, Virginia August 28, 1989 Honorable Mayor and City Council Roanoke, Virginia Subject: Bid Committee Report Williamson Road Storm Drain Phase 2, Contract I-F, Right Segment Dear Members of Council: Please reserve space on Council's agenda Monday, August 28, 1989, for a bid com- mittee report on the Williamson Road Storm Drain, Phase 2, Contract I-F, Right Segment. Respectfully submitted, W. Robert Herbert City Manager WRH/ES/fm August 1, 1989 Fits #27 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Cor~nittee Mr. Kit B. Kissr ) Gentlsmen: The following bids for Wiltiamson Road Storm Drain, Phase 2 - Contract lB, Right Segment, were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, July 24, 1989: BIDDER BASE BID TOTAL Aaron J. Conner General Contractor, R. S. Jones ~ Associatss, Inc. F. L. Showatter, Inc. Into $776,269.35 948,801.00 956,395.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and recorrgnendation to Council. Sincere fy, /'~ Mary 'F.d~'~PParker, CMC City Clerk MFP:sw pc: Mr. Witburn C. Dibling, Jr., City Attorney Room 456 Municioal Butlclincj 215 C~urc~ A~,~'~ue, $.W. i~oano~e, Virginia 24011 (703) 981-2541 Office of the City Clerk August 30, 1989 File #209 Mr. C. T. Meredith Vice President Valley Roofing Corporation P. 0. Box 1329 Roanoke, Virginia 24007 Dear Mr. Meredith: I am enclosing copy of Ordinance No. 29745-82889 accepting the bid of Valley Roofing Corporation for construction of roof re- 'placement on the Third Street Annex and Bid Alternate No. 1 (replacement of roof on the former Knights of Pythias Building), upon certain terms and conditions, in the total amount of $45,240.00. Ordinance No. 29745-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, City Clerk MFP:ra Enc. pc: Mr. W. Robert Herbert~ City Manager Mr. Joel M. Schlanger, Director of Finance Mr. George C. Snead, Jr., Director of Administration and Public Safety Mr. M. David Hooper~ Chief of Police Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton, Construction Cost Technician Ms. Dolores C. Daniels, Citizens' Request for Service MS. Carolyn H. Barrett, Administrator, Fifth District Employment and Training Consortium, 425 West Campbell Avenue, Roanoke, Virginia 24016 Room 456 MunicipalSuildin9 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Oflqce of the City C~erk August 30, 1989 File #209 Mr. Rodney W. McNeil President I. N. McNeil Roofing and Sheet Metal Company, Inc. 5920 Starkey Road, S. W. Roanoke, Virginia 24014 Dear Mr. McNeil: I am enclosing copy of Ordinance No. 29745-82889 accepting the bid of Valley Roofing Corporation for construction of roof placement on the Third Street Annex and Bid Alternate No. 1 (replacement of roof on the former Knights of Pythias Building), upon certain terms and conditions, in the total amount of $45,240.00. Ordinance No. 29745-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- desc,ibed project. Sincerely, Mary F. Parker, City Clerk MFP:ra Enc. Room456 MunidpaIBuilding 215Church AYenue,$.W. Roanoke, Virginia 2~011 (703)981-25~1 Office of the City Clerk August 30, 1989 File #209 Mr. Tom W. Thomas Estimator John T. Morgan Roofing and Sheet Metal Company, Inc. 1620 Sixth Street, N. E. Roanoke, Virginia 24012 Dear Mr. Thomas: I am enclosing copy of Ordinance No. 29745-82889 accepting the bid of Valley Roofing Corporation for construction of roof re- placement on the Third Street Annex and Bid Alternate No. 1- (replacement of roof on the former Knights of Pythias Building), upon ce,tain terms and conditions, in the total amount of $45,240.00. O,dinance No. 29745-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 25, 1989. On behalf of the Mayor and Members of City Council, I would like to express appreciation for submitting your bid on the above- described project. Sincerely, Mary F. Parker, CMC ./ /' City Clerk MFP:ra Eric. Room 456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2.541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29745-82889. AN ORDINANCE accepting the bid of Valley Roofing Corporation for construction of roof replacement on the Third Street Annex and Bid Alternate No. i (replacement of roof on the former Knights of Pythias Building), upon certain terms and conditions, and awarding a contract therefor; authorizing the proper City officials to execute the requisite contract for such work; rejecting all other bids made to the City for the work; and providing for an emergency. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The bid of Valley Roofing Corporation made to the City in the total amount of $45,240.00 for construction of roof replacement on the Third Street Annex and Bid Alternate No. 1 (replacement of roof on the former Knights of Pythias Building), such bid being in full compliance with the City's plans and specifications made therefor and as provided in the contract documents offered said bidder, which bid is on file in the Office'of the City Clerk, be and is hereby ACCEPTED. 2. The City Manager or the Assistant City Manager and the City Clerk are hereby authorized on 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 all other bids made to the City for the aforesaid work are hereby REJECTED, and the City Clerk is directed to notify each such bidder and to express to each the City's appreciation for such bid. 4. In order to provide for the usual daily operation of the municipal government, an emergency is deemed to exist, and this ordi- nance shall be in full force and effect upon its passage. ATTEST: City Clerk. Office of the City Clerk August 30, 1989 File #60-209 Mr. Joel M. Schlanger Director of Finance Roanoke, Virginia Dear Mr. Schlanger: I am attaching copy of Ordinance No. 29744-82889 amending and reordaining certain sections of the 198g-90 General Fund Appropriations, providing for the transfer and encumbrance of .$50,000.00 from the Maintenance Fixed Asset Contingency Account into the Building Maintenance Account, in connection with award of a contract to Valley Roofing Corporation for construction of- roof replacement on the Third Street Annex and Bid Alternate No. I (replacement of roof on the former Knights of Pythias Building). Ordinance No. 29744-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. Mr. Pub Mr. W. Robert Herbert, City Manager George C. Snead, Jr., Director of Administration and lic Safety M. David Hooper, Chief of Police Mr. William F. Clark, Director of Public Works Mr. Charles M. Huffine, City Engineer Ms. Sarah E. Fitton~ Construction Cost Technician Ms. Dolores C. Daniels, Citizens' Request for Service Ms. Carolyn H. Barrett, Administrator, Fifth District Employment and Training Consortium, 425 West Campbell Avenue, Roanoke, Virginia 24016 Room 456 MunicipalSuilding 215 Church Avenue, S.W, Roanoke,¥irginia 24011 (703)081-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 28th day of August, 1989. No. 29744-82889. AN ORDINANCE to amend and reordain certain sections the 1989-90 General Fund Appropriations, and providing for emergency. WHEREAS, of 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 Fund Appropriations, be, and the same are hereby, amended and reordained to read as follows, in part: Appropriations Nondepartmental Contingency - General Fund (1) ..................... Public Works Building Maintenance (2) ........................... $11,049,298 688,529 18,826,747 3,156,373 1) Maintenance Fixed AsSet Contingency 2) Maintenance Third Party Contract (001-002-9410-2201) (001-052-4330-3056) $(50,000) 50,000 BE IT FURTHER ORDAINED that, an emergency existing, Ordinance shall be in effect from its passage. ATTEST: this City Clerk. Roanoke, Virginia August 28, 1989 Honorable Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Roof Replacement Third Street Annex 309 Third Street, S.W. Roanoke, Virginia I. Back,round: City Council, at its August 14, 1989 meeting, publicly opened and read aloud the bids received for the Roof Replacement on the Third Street Annex at 309 Third Street, S.W. The alter- nate bid was an add-on to replace the roof on the Knights of Pythias Building at 310 Campbell Avenue, S.W., at the same time. Three (3) bids were received with Valley Roofing Corporation submitting the lowest bid of $36,995.00 for the Third Street Annex and $8~245.00 for the Knights of Pythias Building. Time of completion was quoted as 29 consecutive calendar days. C. Project consists of the installation of a new single membrane roof adhered to the existing roof structure. II. Issues in order of importance are: A. Compliance of the bidders with the requirements of the contract documents. B. Amount of the low combined bid. C. Fundin~ of the project. D. Time of completion. III. Alternatives are: Award a contract to Valley Roofing Corporation in the amount of $45~240.00 and__29 consecutive calendar days for the Roof Replacement on the Third Street Annex and the Knights of Pythias Building in accordance with the Contract Documents as prepared by the City Engineer's Office. Page 2 1. Compliance of the bidders with the requirements of the Contract Documents was met. -2. Amount of the combined low bid (base bid plus alternate bid) is acceptable. 3. Fundin~ is available in the Maintenance Fixed Asset Con- tingency Account Number 001-002-9410-2201. 4. Time of completion is quoted as 2~gconsecutive calendar days which is acceptable. B. Reject the bids and do not award a contract at this time. 1. Compliance of the bidders with the requirements of the Contract Documents would not be an issue. 2. Amount of the Iow bid would probably change if rebid at a later date. 3. Fundin~ would not be transferred or encumbered at this time. Time of completion would be extended. The Third Street Annex has several leaks at this time that need to be repaired. The Knights of Pythias Building is not leaking at this time but the roof needs to be replaced before it does start leaking. IV. Recommendation is that City Council take the following action: A. Concur with the implementation of Alternative A. Authorize the City Manager to execute a contract for Roof Replacement on the Third Street Annex (Police Building) and the Knights of Phythias Building in accordance with the Contract Documents as prepared by the City Engineer's Office in the combined amount of $45~240.00 and 2_~9 consecutive calendar days. Authorize the Director of Finance to transfer and encumber the following funds from the Maintenance Fixed Asset Contin- gency Account Number 001-002-9410-2201 into the Building Maintenance Account Number 001-052-4330-3056 for this pro- Ject: Total Contract Amount Project Contingency $45,240.00 4~760.00 TOTAL $50,000.00 Any funds left after the project is completed shall be released in the same account. D. Reject the other bids received. Page 3 RAG/LBC/mm Attachment: CC: Tabulation of Bids City Manager City Attorney Director of Finance Chief of Police City Engineer Manager, F.D.E.T.C. Citizens' Request for Service Construction Cost Technician Respectfully submitted, Robert A. ~~airman William F. Clark TABULATION OF BIDS ROOF REPLACEMENT THIRD STREET ANNEX 309 THIRD STREET, S.W. ROANOKE, VIRGINIA Bids opened before City Council at its meeting of August 14, 1989. ALTERNATE NO.OF BID CONTRACTOR BASE BID NO. 1 * TOTAL DAYS BOND Valley Roofing Corporation $36,995.00 $8,245.00 $45,240.00 29 YES I. N. McNeil Roofing and Sheet Metal Co. $47,113.00 $10,637.00 $57,770.00 60 YES John T. Morgan Roofing $52,741.00 $13,631.00 $66,372.00 90 YES Engineer's Estimate: $55,000.00 BASE BID: Roof Replacement on Third Street Annex ALTERNATE NO. 1: Roof Replacement of Knights of Pythias Clark n r Office of City Engineer Roanoke, Virginia August 28, 1989 !~':~i ~ Roanoke, Virginia · -~ August 28, 1989 Honorabl~ Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Bid Committee Report Roof Replacement Third Street Annex 309 Third Street, S.W. Roanoke, Virginia I concur with the recommendations of the attached Bid Committee Report. WRH/LBC/mm Respectfully submitted, W. Robert Herbert City Manager Attachment: Bid Committee Report cc: City Attorney Director of Finance Director of Administration and Public Safety Director of Public Works City Engineer Chief of Police Citizens' Request for Service Manager, F.D.E.T.C. Construction Cost Technician August 28, 1989 Honorable Mayor and City Council Roanoke, Virginia Subject: Roof Replacement Third Street Annex 309 Third Street, S.W. Dear Members of Council: Please reserve space on Council's agenda Monday, August 28, 1989, for a report on the Roof Replacement of the Third Street Annex at 309 Third Street, S.W., Roanoke, Virginia. Respectfully submitted, W. Robert Herbert City Manager WRH/LBC/fm Office of the City Clerk August 18, 1989 File #209 Mr. Robert A. Garland, Chairman ) Mr. William F. Clark ) Corrvnittee Mr. George C. Snead, Jr. ) Gentlemen: The following bids for roof replacement at the Third Street Annex, 309 Third Street, S. W., were opened and read before the Council of the City of Roanoke at a regular meeting held on Monday, August 14, 1989: ALTERNATE BIDDER BASE BID TOTAL ADD Valley Roofing Corporation $36,995.00 $ 8,245.00 I. N. McNeil Roofing & Sheet Metal Company, Inc. 47,113.00 10,637.00 John T. Morgan Roofing & Sheet Metal Company, Inc. 52,741.00 13,631.00 On motion, duly seconded and adopted, the bids were referred to you for tabulation, report and reco,~lendation to Council. Sincere ly, /// Mary F. Parker, CMC City Clerk MFP:ra pc: Mr. Wilburn C. Dibling, Jr., City Attorney Room 456 MunicipalSuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2S41 Office of the Council David A. Bowers Councilman August 1, 1989 Honorable Mayor and City Council Roanoke, Virginia SUBJECT: Annual Report of the Audit Committee of Roanoke City Council Dear Mrs. Bowles and Gentlemen: The purpose and function of the Audit Committee as stated in the City Code at Chapter 2-298(b) is: "The audit committee shall act in an advisory capacity to the council, the municipal auditor, the director of finance and the city manager in matters relating to the city's financial records and to that end shall have the right to have immediate access to all records and reports relating to financial matters and transactions of the city or of matters and things affecting such financial records. The council, any member thereof, the municipal auditor, the director of finance and the city manager shall have the right to consult with and seek the advice of the audit committee on matters relating to the city's financial records, but neither the committee nor any member shall have authority to act for or to bind the city council, unless expressly authorized so to do by ordinance or resolution of the council.', During the year ended June 30, 1989, the committee held 3 regular meetings. Each member's attendance was: Member Meetings Attended Meetin_~_g~Absen% Elizabeth T. Bowles 1 2 David A. Bowers 3 0 Beverly T. Fitzpatrick 3 0 Howard E. Musser 3 0 Noel C. Taylor 3 0 James O. Trout 3 0 Room 456 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (703) 981-254'~ Annual Report -2- August 1, 1989 The following is a summary of the committee's activity during the year: · Reviewed and concurred with the annual plan presented by Peat Marwick. · Reviewed and concurred with the Municipal Auditor's annual audit plan. Reviewed the independent accountant's report with repre- sentatives from Peat Marwick and City officials. Reviewed the internal audit reports with the Municipal Auditor and City officials. Advised the Council on the actions needed to implement the matters considered at the committee's meetings. Furnished a copy of the minutes of each committee meeting to City Council and City officials. Reviewed and approved the procedures and criteria for obtaining0 proposals for the City's independent auditing services. · Reviewed and concurred with the Audit Selection Committee's recommendation that Peat Marwick be engaged to perform the City's independent audit for the four fiscal years ending June 30, 1989 through 1992. · Attended a presentation on the Duties, Responsibilities, and Liabilities of the Audit Committee which was presented by Peat Marwick and the City Attorney. I ask that this report be made a part of the Council agenda for August 14, 1989 under reports of committees. If any of you have any questions, please do not hesitate to contact Mr. Brogan or myself. Best personal regards to each of you. Sincerely, Chairman, Audit Committee Office of the City Clerk August 30, 1989 File #448 Mr. Howard E. Mueser, Chairman Roanoke Regional Cable Television Committee 2767 Wilshire Avenue~ S. W. Roanoke, Virginia 24015 Dear Mr. Musser: I am enclosing copy of Resolution No. 29746-82889 authorizing the Roanoke Regional Cable Television Corr~ittee to conduct one or more appropriate hearings on behalf of the City with regard to the proposed renewal of the cable television franchise held by Cox Cable Roanoke~ Inc. Resolution No. 29746-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Members~ Roanoke Regional Cable Television Cor, mittee Room 456 Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 (703)081-2S41 Office of the City Clerk August 30, 1989 File #448 Mr. Elmer C. Hodge Roanoke County Administrator P. 0. Box 29800 Roanoke, Virginia 24018-0798 Dear Mr. Hodge: I am enclosing copy of Resolution No. 29746-82889 authorizing the Roanoke Regional Cable Television Comraittee to conduct one or more appropriate hearings on behalf of the City with regard to the proposed renewal of the cable television franchise held by Cox Cable Roanoke, Inc. Resolution No. 29746-82889 was adopted' by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, City Clerk MFP: ra Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Paul M. Mahoney, Roanoke County Attorney, P. O. Box 29800, Roanoke, Virginia 24018-0798 Mr. F~ank G. Selbe, Attorney, Town of Vinton, 101 South Jefferson Street, Roanoke, Virginia 24011 Ms. Mary H. Allen, Clerk to the Roanoke County Board of Supervisors, P. O. Box 29800, Roanoke, Virginia 24018-0798 Ms. Carolyn S. Ross, Clerk, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Room456 MunicipalSuilding 215Church Avenue, $. W. Roanoke. Vizginia 24011 (703)981-2541 Office of the City Clerk August 30, 1989 File #448 Mr. George W. Nester Town Manager, Town of Vinton 311 South Pollard Street Vinton, Virginia 24179 Dear M,. Neste,: I am enclosing copy of Resolution No. 29746-82889 authorizing the Roanoke Regional Cable Television Co~ittee to conduct one or more appropriate hearings on behalf of the City with regard to the proposed renewal of the cable television franchise held by Cox Cable Roanoke, Inc. Resolution No. 29746-82889 was adopted' by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker~ City Clerk MFP:ra Eno, pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Paul M. Mahoney, Roanoke County Attorney~ P. 29800, Roanoke, Virginia 24018-0798 Mr. Frank Go Selbe, Attorney~ Town of Vinton, 101 South Jefferson Street, Roanoke, Virginia 24011 Ms. Mary H. Allen~ Clerk to the Roanoke County Board of Supervisors~ P. 0. Box 29800, Roanoke, Virginia 24018-0798 Ms. Carolyn So Ross, Clerk, Town of Vinton~ P. O. Box 338, Vinton, Virginia 24179 Room 456 MunicipalSuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541 Office of the City Clerk August 30, 1989 File #448 Mr. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: I am enclosing copy of Resolution No. 29746-82889 authorizing the Roanoke Regional Cable Television Committee to conduct one or more appropriate hearings on behalf of the City with regard to the proposed renewal of the cable television franchise held by Cox Cable Roanoke, Inc. Resolution No. 29746-82889 was adopted by the Council of the City of Roanoke at a regular meeting held on Monday, August 28, 1989. Sincerely, Mary F. Parker, City Clerk MFP:ra Enc. pc: Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Paul M. Mahoney, Roanoke County Attorney, P. O. Box 29800, Roanoke, Virginia 24018-0798 Mr. Frank G. Selbe, Attorney, Town of Vinton, 101 South Jefferson Street, Roanoke, Virginia 24011 Ms. Mary H. Allen, Clerk to the Roanoke County Board of Supervisors, P. 0. Box 29800, Roanoke, Virginia 24018-0798 Ms. Carolyn S. Ross, Clerk, Town of Vinton, P. O. Box 338, Vinton, Virginia 24179 Room456 MunicipaIBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)98%2541 Office of the City Clerk August 30, 1989 File #448 Mr. 0. D. Page, P.E. 7536 Spring Lake Drive Bethesda, Maryland 20817 Dear Mr. Page: I am enclosing copy of Resolution No. 29746-82889 authorizing the Roanoke Regional Cable Television Corrgnittee to conduct one or more appropriate hearings on behalf of the City with regard to the proposed renewal of the cable television franchise held by Cox Cable Roanoke° Inc. Resolution No. 29746-82889 was adopted by the Council of the City of Roanoke at a regular meeting held ' on Monday, August 28, 1989. Sincerely, Mary F. Parker~ City Clerk MFP:ra Enc. Rogma5& MunicipalBuilding 215Church Avenue, S.W. Roanol~e. Vitginia 24011 (703)g81-2S41 IN THE COUNCIL OF THE CITY OF ROANOEE, VIRGINIA, The 28th day of August, 1989. No. 29746-82889. A RESOLUTION authorizing the Roanoke Regional Cable Televi- sion Committee to conduct one or more appropriate hearings on behalf of the City with regard to the proposed renewal of the cable television franchise held by Cox Cable Roanoke, Inc. BE IT RESOLVED by the Council of the City of Roanoke that the Roanoke Regional Cable Television Committee is hereby authorized to conduct on behalf of this Jurisdiction an appropriate public hearing or hearings with reasonable public notice in a place and manner deemed suitable for the purpose of soliciting public com- ment and information on the proposed renewal of the existing cable television franchise held by Cox Cable Roanoke, Inc., and the City Manager and City Clerk are authorized to execute and attest, respectively, written documentation necessary to imple- ment such authorization. ATTEST: City Clerk. REGIONAL CABLE TELEVISION COMMITTEE August 16, 1989 Elmer~C. Hodge County Administrator P. O. Box 29800 Roanoke, Virginia 24018-0798 George W. Nester Town Manager P. O. Box 338 Vinton, Virginia 24179 ~. Robert Herbert City Manager 364 Municipal Building Roanoke, Virginia 24011 Re: Public hearings on proposed cable television franchise renewal Gentlemen: O. D. Page, P.E., the cable television consultant retained by the Roanoke City, Roanoke County and the Town of Vinton, has recommended that public hearings be held to solicit comment on the proposed franchise renewals. As Chairman of the Regional Cable Television Committee ("Committee"), I am writing to request that each jurisdiction consider authorizing the Committee to con- duct these hearings. A draft sample resolution is enclosed. As proposed, upon authorization by each of the participating jurisdictions, the full Committee would conduct three separate public hearings, one in each of the jurisdictions. These hear- ings would be coordinated by Mr. Page with the proper officials in each of the jurisdictions. Please contact me if you have any questions or comments on this matter. HEM:shm Enclosure cc: Members, /~:~, C.~.f cre ly, H~ward E. Musser,. Chairman Roanoke Regional Cable Television Committee Roanoke Regional Cable Television Committee Wilburn C. Dibling, Jr., City Attorney Paul M. Mahoney, County Attorney Frank G. Selbe, III, Vinton Town Attorney O. D. Page, P.E. Office of the Cily Monoger August 28, 1989 Honorable Mayor and Members City Council Roanoke, Virginia Re: Public hearings on proposed cable television franchise renewal Dear Mrs. Bowles and Gentlemen: Attached is a letter from Mr. Musser as Chairman of the Roanoke Regional Cable Television Committee requesting that City Council authorize the committee to conduct public hearings in connection with the proposed cable television franchise renewal. As proposed, the committee would conduct three separate public hearings, one in each of the jurisdictions. The hearings would be coordinated by the cable television consultant, O. D. Page, P.E., retained by the three jurisdictions. I concur in this recommendation. A proposed resolution is attached for your consideration. I will be pleased to respond to any comments or questions that you may have with regard to this matter. Very truly yours, W. Robert Herbert City ~anager WRH:shm Attachment cc: Wilburn C. Dibling, Jr., City Attorney Joel M. Schlanger, Director of Finance Mary F. Parker, City Clerk Room 364 Municipol Building 2 ~ 5 Church Avenue, S.W. Roanoke, Virginia 240 t 1 (703) 981-2333 Office of the City Clerk August 30, 1989 File #514 MS. Rebecca S. Wilkerson 1531Riverdale Road, S. E. Roanoke, Virginia 24014 Dear Ms. Wilkerson: I am enclosing copy of Ordinance No. 29704-82889 permanently vacating, discontinuing and closing two public alleys situated between Jerome Street and Benningtan Street, S. E., pursuant to Section 15.1-482(b), Code of Virginia (1950), as amended. Ordinance No. 29704-82889 was adopted by the Council of the City' of Roanoke on first reading on Monday, August 14, 1989, also adopted by the Council on second reading on Monday, August 28, 1989, and will take effect ten days following the date of its second reading. MFP:ra Enc. pc: Sincere Mary F. Parker, CMC City Clerk Mr. James Asberry, 1523 Riverdale Road, S. E., Roanoke Virginia 24014 Mr. & Mrs. Billy H. Carper, 5827 Arcturus Drive~ S. W. Roanoke, Virginia 24018 Mr. John E. Myers, 1553 Riverdale Road, S. E., Roanoke Virginia 24014 Mr. & Mrs. SteYen R. Simmons, 1713 Jerome Street, S. E. Roanoke, Virginia 24014 Mr. & Mrs. Joseph R. Simmons, 1727 Jerome Street, S. E. Roanoke, Virginia 24014 Mr. & Mrs. Frank G. Kingery, 1735 Jerome Street, S. Eo Roanoke, Virginia 24014 Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-25al Ms. Rebecca S. Wilkerson August 30, 1989 Page 2 pc: Ms. Leda R. Wingfield, 1714 Jerome Street, S. E., Roanoke, Virginia 24014 Brabham Enterprises, c/o Mr. Henry Brabham~ P. 0. Box 218, Vinton, Virginia 24153 Mr. James Wilkerson~ 1531 Riverdale Road, $. E., Roanoke, Virginia 24014 Corr~nonwealth of Virginia, c/o State Highway Department, 731 Harrison Avenue, Salem, Virginia 24153 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., Cor~issioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Corr~ission Mr. Lo 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 Cor~issioner 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 Office of the City Clerk August 30, 1989 File $514 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29704-82889 for proper recordation in your office~ which provides for the permanent vacating, discontinuing and closing of alleys situated between Jerome Street and Bennington Street, S. E.~ pursuant to Section 15.1-482(b), Code of Virginia (1950), as amended. Ordinance No. ' 29704-82889 was adopted by the Council of the City of Roanoke on first reading on Monday, August 14, 1989, also adopted by the Council on second reading on Monday~ August 28, 1989~ and will take effect ten days following the date of its second reading. MFP:ra Enc. pc: Ms. Rebecca S. Roanoke, Virginia Sincerely, Mary F. Parker', CMC City Clerk Wilkerson, 1531 Riverdale Road, S. 24014 Room4S6 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981~2541 IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of August, 1989. No. 29704-82889. VIRGINIA, AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Rebecca S. Wilkerson, has filed an application to the Council of the City of Roanoke, Virginia, in accordance with the pro- visions of $15.1-482(b), Code of Virginia (1950), as amended, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §15.1-482(b), Code of Virginia (1950), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council. WHEREAS, a public hearing was held on said application by the City Council on August 14, 1989, at 7:30 p.m., after due and timely notice thereof as required by §15.1-482(b), Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that that public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: Two alleys, one extending from Jerome Street, S. E., west to Bennington Street, S. E., for a distance of 420 feet; and the second alley running south from the first alley for a distance of 375 feet, as shown on Sheet No. 434 of the City's Tax Appraisal Maps. be, and it hereby is, permanently vacated, discon~inued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structures or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, shall be spread. BE IT FURTHER ORDAINED that the Clerk of the Clerk of the Circuit Court of the City of wherein this ordinance the Council deliver to Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the names of Rebecca S. Wilkerson and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. Roanoke City Planning Commission August 14, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Application to close and vacate two (2) public alleys situated between Jerome Street and Bennington Street, S.E., pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia, (1950), as amended. Background: Public alleys as requested for closure are located in the southeast quadrant of the City and more specifically in the Riverdale community. Alleys are identified as shown and numbered on Map A, as attached to this report. Alleys identified on Map A as Alley 91 and Alley #2 are affected by the following characteristics: Alley 91 is an open and developed public alley of 15' width with a gravel surface. It extends between and intersects with Jerome Street and Bennington Street, SE. Alley #1 is approximately 420' in length. Alley 92 is a platted, but undeveloped (paper), alley with a platted right-of- way width of 15' Alley ~2 is approximately 375' in length. Room 355 Municipal Building 215 Churah Avenue, S.W~ Roanoke, Virginia 24011 (703) 981-2344 Members of City Council Page 2 August 14, 1989 Alleys as requested for closure and all abutting lots were originally laid out and established by the subdivision "Map of Riverdale" as recorded by the Riverdale Farm Corporation on March 14, 1933. Subdivision as recorded specifically noted that streets and alleys thereon were not being dedicated for public use. Original subdivision, as recorded on March 14, 1933, specifically provided that "after the sale of lots, any street or alley shown thereon could not be abolished without the consent of the abutting property owners." Letter initially written to the Planning Commission (attached), dated April 25, 1989, states that the alley (Alley #1) is being used as a secondary road and represents a danger to neighborhood children. Application states that Alley #1 is a constant problem and a nuisance to the abutting property owners. Application cites the problems of speeding cars, litter and frequent pedestrian traffic passing through the alleyway. Request to close and vacate Alley #2 is based on the collective opinion of the abutting property owners that there is no need for an alley at the rear of their properties. Closure of this alley would prevent the possibility of it being opened in the future to create a similar problem. II. Current Situation: Application to close and vacate the subject alleys was received on June 9, 1989. Section 31-4 of the Code of the City of Roanoke defines an alley as "a public way which affords a secondary means of access to an abutting property." Application states that all abutting property owners have been notified and are in agreement with this requested closure. Alley #1 extends from Jerome Street into a paved commercial area that fronts on Bennington Street. Members of City Council Page 3 August 14, 1989 Eo Staff has observed numerous vehicles passing through Alley #l,both to and from the commercial area. Alley 91 appears to function as a short-cut for traffic to access the commercial area. Planning Commission reviewed the application at its regular meeting of July 5, 1989. James Asbury (1523 Riverdale Road) and Steve R. Simmons (1713 Jerome Street) commented on the many problems caused by the alleys' location and its negative effect on the immediate neighborhood. Planning Commission approved the applicant's request to close and vacate the alley ystem subject to the following condition: That the applicant submit an amended application providing for the subject closure to be effected pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950) as amended. III. Issues: A. Neighborhood impact: Closure would eliminate Alley 91 as a means of access to the commercial enterprises on Bennington Street, S.E. Proper and adequate public access to these commercial enterprises is provided by the public right-of-way - Bennington Street, S.E. All access and entranceways into these co~,..ercial enterprises were designed to access this public street. Impact or effect on non-abutting property owners should not be a factor if the owners of all lots abutting the alleys are in agreement that no such "secondary means of access" to their properties is needed or desired. Effect on all abutting property owners will apparently be positive. B. Traffic impact: Closure will have no affect on traffic or traffic needs in the area. Members of City Council Page 4 August 14, 1989 C. Utilities within the public right-of-way: City has no utilities within either alley right-of-way. Appalachian Power Company has utilities within both alleys. Correspondence received by staff indicates that there are no other private utilities within either of subject alleys. the Creation of a dead-end alley: Closure will not create a dead-end alley. E. Land use: Alleys were originally laid out and established (1933) to serve the abutting residential properties. Subsequent land use changes has created a mixed residential and commercial environment adjacent to the subject alleys. Current use of Alley #1 as a public access for commercial purposes is not consistent with the intended purpose of the alley. Alley 92 has remained undeveloped for the past 56 years (from its original platting). Property within the alley rights-of-way could be utilized more efficiently by the abutting property owners. Due to the ambiguous nature of the original subdivision, as recorded in Plat Book 2, page 83, on March 14, 1933, in its reference to streets and alleys within the subdivision, it is the opinion of the staff that this alley closure should be effected under Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950) as amended, and not pursuant to those sections cited in the application. A vacation under Section 15.1-482(b), pursuant to Section 15.1-483, will effectively destroy the force and effect of the previous legal recording and vest fee simple title to the centerline of the vacated alleys, in the abutting property owners. Members of City Council Page 5 August 14, 1989 Relationship to the Comprehensive Plan: Request is consistent with the intent of the comprehensive plan that available land be used in the most appropriate manner: Section 31-71, Alleys, of the Code of the City of Roanoke, prohibits the creation of alleys for the purpose serving primarily residential lots. Pursuant to Section 31-4 of the Code, an alley affords a secondary means of access to an abutting property. Alley ~1, however, is used as a continuation of adjacent street rights-of-way and for public access through residential areas. Private ownership of the alleys and proper fencing of the area would be a more appropriate use of the land and would have a beneficial affect on the immediate community. Recommendation: The Planning Commission, by a vote of 6-0 (Mr. Price absent) recommends to City Council that the applicant's request to vacate the two (2) subject alleys pursuant to Section 15.1-482(b) of the Code of the Commonwealth of Virginia (1950), as amended, be approved, subject to the following condition: That the ordinance providing for the closure include the provision that an easement is to be retained for all utilities, both public and private that are located within the alley rights-of-way. Respectfully submitted, Michael M. Waldvogel, ¢ ~rman Roanoke City Planning Commission JRM:ERT:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner aO ~ a- 0 ~07 0 43'40724 804. /..cO 0 June 7, 1989 File #514 Mr. Michael ~. Waldvoyel Chairman City Plannin~ Corr~ission Roanoke, Virginia Dear Mr. Waldvoyel: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Ms. Rebecca $. Wilkereon, requesting that an alley running from Jerome Street to Bennington Street, S. E., in a westerly direction, and an alley running north to south from the abovedescribed alley, be permanently vacated, discontinued and closed. Sincerely, ~'~ Mary F. Parker, CMC City Clerk MFP:ra ST.CLOSE$2 Eno° pc: Ms. Rebecca S. Wilkerson, 1531 Rive.dale ~oad, S. ~o~.noke, Virginia 24014 ~r. John R. Marlles, Agent/Sec.eta.y, City Planning Commission Ur. Edward R. Tucker. City Planner Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney 456 Mun,ci~c:~l Builchn~ 215 C~u~o~ A~"~u~ SW I'~:x~c:~,~ ~rD~nia 24~1t t (703) c~81-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rebecca S. Uilkerson for vacation of alley MEMBERS OF COUNCIL: APPLICATION FOR VACATING, DISCONTINUING AND CLOSING OF ALLEY Rebecca Uilkerson, applies to have, alley #1 running from Jerome to Benn~ngton in a Westerly direction and alley #2 running North to South from existing alley #1, in the C~ty of Roanoke, Uirgtnia, discontinued and closed, pursuant to Ulrginia Code Section 15.1-364 and Sectxon 30-14, Code of the City of Roanoke (1979), as amended. This alley is more part~culary described on the map attached and as follows: Alley #1 runs ~n a Westerly direction for 420' from Jerome St. Alley #2 runs from existing alley #l for 37S' North to South. James Asbury 1523 R~verdale Rd. S.E. 4340702 4340703 ~verdale Be~,~¢arper ~,~35 R~verdale R~. S.E. John,~yer~ l~q ~erome St S.E. St&ye R. Simmons t213 ~erome St. S.E. Joseph R. Simmons 1727 Jerome St. to Bennington St. 434071~ 4340720 4340704 4340705 4340700 4340708 Frank G, K~ngery 1735 Jerome St. 4340804 Hrs., W~ngf~el~ 1714 Jerome St. 4340806 Henry Brabhem 1718&172~ Benn[ngton4340718 Rebecca W~lkerson states that the grounds ~or th~s applzcat~on are as The alley Ls not betng used for ~t's zntended purpose, but £or a math throughway. The cars speed up and down th~s alley on a regular baszs which caused danger to our children. ~he alley ks only w~de enough for one car at a t:me, so :t' two are :n the alley they use our yards to pass and make the alley w:der. ~e constantly p:ck up trash thrown from cars and people walkzng and hanging out :n the alley ralszng cane and dr:nk~ng beer. U~th th,s bezng public property we have no control over what goes on and the po~ce of£~cers cannot be everywhere at once. Ue hope you wzll let us close down thzs nuc~ence and make :t private property before someone gets hurt. By th~s be:ny private property we wzll have some control over what we have to see when we are tryzng to en~oy our o~n back yards. All landowners whose property adjoins the property to be vacated have been notzf~ed and are ~n agreement wzth th~s applzcat~on. Wherefore, Rebecca W~Ikerson respect£uliy requests that the above descrtbed alley, be vacated by the CouncxI of the Cxty o£ Roanoke, Uxrgznxa, zn accordance ~:th g~rgznza Code Section 15.~-364 and Section 30-14, Code o£ the C:ty o£ Roanoke (1~7~), as amended. Rebecca S. g,lkerson MR, ~LZ q$1?ER ~CS7 AR(J~IIRUS SR. S.N. ~'~:N()KE, VA. 14017 JOHN ~YERS RIUERDALE RD. S.E. ROANOEE, VA. £4~1q ~R. SOSE~w ROANOKZ, UA. J4Oi4 H~. FRAN[ ROANOKE, ~RS. NINGFZELJ !714 JEROH£ ST. S.~. HENRY ~RABHEM iiil VINYARD RD. UZNTON, VA. 2417q ~R. JA~ES N~LK£2S(IN 153i RIUE~DAL£ RD. $.E. ROANOKE, ~A. ~4014 MR. JAMES ASBERR¥ i$Z3 RIUERDALE RD. $.E. ROANOKE, VA. JAOIA 562? ARCTURUS DR. S.~. ROANOKE, VA. 24017 JOHN ~¥~RS RIUERDA~E ~D. S.~. ROANOKe, UA. 24014 1713 JE~OHE ST. ROANOKE, VA. 240L4 HR. JOSEPH SZH~ON$ 1727 JERO~ ST. $.~. ROANOKE, UA. 24014 HR. FRANK ~INGiRY 1735 JEROHE ST. S.E. ROANOKE, UA. C4014 MRS. ~INGFIELD 1714 J~RO~E ST. S.~. ROANOKE, UA. 24014 HENRY BRABH£~ 1111 VINYARD RD. VINION~ VA. 2417~ HR. JA~E$ ~ILKERSON 1531 RIU£RDALE RD. S.g. ROANOKE, UA. 240~4 JJL J~ L VINTON .O.~CATION ~ mmm Office of the Cir./Cler~ August 7, 1989 File #514 Ms. Rebecca S. Wilkerson 1531Riverdale Road, S. E. Roanoke, Virginia 24014 Dear Ms. Wilkerson: Pursuant to my corrraunication under date of August 3, 1989, I am enclosing copy of an Ordinance, which was prepared by the City Attorney's Office, in connection with your request that an alley running from Jerome Street to Bennington Street, S. E.t in a westerly direction, and an alley running north to south from the abovedescribed alley, be permanently vacated, discontinued and closed. The abovedescribed Ordinance will be considered by the Council at a regular meeting to be held on Monday, June 12, 1989, at 7:30 p.m., 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. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra PUBLIC52A Enco Room 456 Municipol Building 215 Church Avenue, SW. Roanoke, ~rg~nia 2401 t (703) 981-2541 Office of the City Cler~ August 3, 1989 File #514 Ms. Rebecca S. Wilkerson 1531Riverdale Road, S. E. Roanoke, Virginia 24014 Dear Ms. Wilkerson: I am enclosing copy of a report of the City Planning Corranission recorr~lending that the Council of the City of Roanoke grant your request that an alley running from Jerome Street to 8ennington Street, S. E., in a westerly direction, and an alley running north to south from the abovedescribed alley, be permanently vacated, discontinued and closed. 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, August 14, 1989, at 7:30 p.m., or as soon thereafter as the matter may be heard, 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 heaping. 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 John R. Marlles~ Chief of Corr~unity Planning, at 981-2344. Mary F. Parker, CMC City Clerk MFP:ra PUBLIC52 Enc. Room 456 Municipal Building 215 C~urch Avenue, SW RoanOk~r Virginia 24011 (703) 981-2541 Ms. Rebecca S. August 3, 1989 Page 2 Wilkerson pc: Mr. James Asberry, 1523 Riverdale Road, S. E., Roanoke Virginia 24014 Mr. & Mrs. Billy H. Carper, 5827 Arcturus Drive, S. W. Roanoke, Virginia 24018 Mr. John E. Myers, 1553 Riverdale Road, S. E., Roanoke Virginia 24014 Mr. & Mrs. Steven R. Simmons, 1713 Jerome Street, S. E. Roanoke, Virginia 24014 Mr. & Mrs. Joseph R. Simmons, 1727 Jerome Street, S. E. Roanoke, Virginia 24014 Mr. & Mrs. Frank G. Kingery, 1735 Jerome Street, S. E. Roanoke, Virginia 24014 Ms. Leda R. Wingfield, 1714 Jerome Street, S. E., Roanoke, Virginia 24014 Brabham Enterprises, c/o Mr. Henry Brabham, P. O. Box 213, Vinton, Virginia 24153 Mr. James Wilkerson, 1531 Riverdale Road, S. Eo, Roanoke, Virginia 24014 Commonwealth of Virginia, c/o State Highway Department, 731 Harrison Avenue, Salem, Virginia 24153 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., Corr~rlissioner of Revenue 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 Co~w~issioner and Zoning Administrator Mr. John R. Marlle$, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Ms. Doris Layne, Office of Real Estate Valuation PucLISdEk'S S'[ATc OF Vir~St,~I~ CITY OF ~OANOKE ~FFIDA¥IT CF PUbLICATiON 1, (ThE UNDERSI~NbO) AN AUThOKIZED KEPKESENTATIV~ CF THE [IMcS-WOKLD PuRAIIGN~ .HIC~t CQ~POX~ION IS PUGL1S~EK UF T~iE KO~NO~E TIMES ~ ~O~LO-NEwS, BALLY NE~SPAPEi PUoLISHED IN ROANOKE, iN ThE STATE OF Vi~blNI~, DO CEK¥IFY THAT IME ~NNEXEO NOTICE ~AS PUBLISHED IN SAiD 07/2d/dV MURNI:NG ~ITNcSS, NOTICE OF PUBLIC HEARING close the following TO WHOM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 14, 1989, at 7:30 p.m. or as soon thereafter as the m~tter m~y be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to per- manently abandon, vacate, discontinue and public right-of-way: Two alleys, one extending from Jerome Street, S. E., west to Bennington Street, S. E., for a distance of 420 feet; and the second alley running south from the first alley for a distance of 3?5 feet, as shown on Sheet No. 434 of the City's Tax Appraisal Maps. 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 26th day of July , 19 89 Mary F. Please publish in full twice, once on Friday, July 28, 1989, and once on Friday, August 4, 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 Parker, City Clerk. Office of the City Oerk July 25, 1959 File #514 ~r. Michael M. Waldvogel Chairman City Planning Corr~aission Roanoke, Virginia Dear gfr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an amended application from Pis. Rebecca S. Wilkerson, requesting to close and vacate two public alleys situated between Jerome Street and 8ennington Street, S. E., pursuant to Section 15.1-4~2 (b) Code of Virginia (1950), as amended. ' Sincerely, Mary F~'~PParker, CMC City Clerk MFP:ra ST.CLOSE52 Eric. pc: Ms. Rebecca S. Wilkerson, 1531 Riverdale Road, Roanoke, Virginia 24014 Mr. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municil:x~l Building 215 C~urch Avenue SW Roanoke V~rg~n/a 244D11 (703) 981-2541 July Zl, ~989 ASESD£D FOR~ I wish to aaend ay application to effect the closure of the subject alleys persuant to section ~$.1-482 (b). C)~ce of ~e Ci~ C;erk June 7, 1989 Fi Ie #514 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Ms. Rebecca S. Wilkerson, requesting that an alley running from Jerome Street to Bennington Street, S. E., in a westerly direction, and an alley running north to south from the abovedescribed alley, be permanently vacated, discontinued and closed. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra ST.CLOSE52 Enco pc: Ms. Rebecca S. Wilkerson, 1531 Riverdale Road, Roanoke, Virginia 24014 Mr. John R. Marlles~ Agent/Secretary~ City Planning Cor,~nission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Room 456 Municipal Building 215 C~u~h Avenue, SW R4~noke ~rg~nia 24011 (703) 981-2541 ~~ I~F ' ~B~I 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 Rebecca S. Wilkerson that an alley running in an east-west direction at the rear of parcels bearing official tax nos. 4340701-4340709, fronting Riverdale Road, SE, and an alley running in a north-south direction, between lots bearing official tax nos. 4340718, 4340801, 4340802," 4340719, 4340720, 4340804, 4340805 and 4340806, and intersecting with the above-described east-west alley, be permanently vacated, discontinued and closed. 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 and send an affidavit of publication to: Office of Community Planning Room 355, Muncipal Building Roanoke, VA 24011 TO THE CITY CLERK OF THE CITYC~' ~OANOKE, V~RGINIA PZRTAI I S TO ALLEY CLOSU Request from Rebecca S. Wilkerson that an alley running ) in an east-west direction at the rear of parcles bearing) official tax nos. 4340701-4340709, fronting Riverdale Road, S.E., and an alley running in a north-south direc-~AFFIDAVIT tion, between lots bearing official tax nos. 4340718, 4340801, 4340802, 4340719, 4340720, 4340804, 4340805 and 4340806, and intersecting with the above-described east- west alley, be permanently vacated, discontinued and closed. 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 June, 1989, notices of a public hearing to be held on the 5th day of July, 1989, on the alley closures captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNER~ AGENT OR OCCUPANT ADDRESS 4340705 4340706 4340708 James Asberry Billy H. & June Y. Carper 1523 Riverdale Road Roanoke, VA 24014 5827 Arcturus Drivel Roanoke, VA 24018 4340709 John E. Myers 1553 Riverdale Road~ Roanoke, VA 24014 4340719 Steven R. & Deloris M. Simmons 1713 Jerome Street Roanoke, VA 24014 4340720 Joseph R. & Doris M. Simmons 1727 Jerome Street Roanoke, VA 24014 4340804 4340805 Frank G. & Rebecca B. Kingery 1735 Jerome Street Roanoke, VA 24014 4340806 4340802 4340718 4340801 Leda R. Wingfield Brabham Enterprises Attention: Henry Brabham 1714 Jerome Street Roanoke, VA 24014 P. O. Box 218 Vinton, VA 24179 4340707 James Wilkerson 1531 Riverdale Road Roanoke, VA 24014 4340701 Commonwealth of Virginia 731 Harrison Avenue c/o State Highway Dept. Salem, VA 24153 M~r%ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of June 1989. My Commission Expires: / / Notary Public Office of the City Clerk August 30, 1989 File #514 Mr. Richard L. Kelley Executive for Business Affairs and Clerk of the Board P. 0. Box 13105 Roanoke, Virginia 24031 Dear Mr. Kelley: I am enclosing copy of Ordinance No. 29705-82889 permanently vacating, discontinuing and closing a public alley, extending from Fourth Street to Albemarle Avenue, S. W. Ordinance No. 29705-82889 was adopted by the Council of the City of Roanoke on first reading on Monday, August 14, 1969, also adopted by the Council on second reading on Monday, August 28, 1989, and will take effect ten days following the date of its second reading. Sincerely~ Mary F. Parker, CMC City Clerk MFP:ra Enc. pc: Mr. David F. Kunca, 401 Walnut Avenue, S. W., Roanoke, Virginia 24016 Ms. Caroline Smith, 405 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. Clayton H. Hudson, 419 Walnut Avenue, S. W., Roanoke, Virginia 24016 Mr. Fred G. Laidy, III, P. 0. Box 12586, Roanoke, Virginia 24016 Mrs. Sarah Bratton, 924 Lauderdale Drive, Vinton, Virginia 24179 Mr. Gary E. Dogan and Mr. Roy Carpenter, 3110 Meadowood Road~ S. E., Roanoke~ Virginia 24014 Room456 MunicipalBuilding 215Church Avenue, S.w, Roanoke, Virginia 24011 (703)981-2541 Mr. Richard L. Kelley August 30, 1989 Page 2 pc: Mr. Norman G. Blake, Jr., and Mr. John Barrett, 410 Albemarle Avenue~ S. W.~ Roanoke, Virginia 24016 Mr. David L. Smoker, 406 Albemarle Avenue, S. W., Roanoke~ Virginia 24016 Mr. Wayne P. Gross, 402 Albemarle Avenue, S. W., Roanoke~ Virginia 24016 Mr. Richard A. Rife, 2301 Lincoln Avenue~ S. W., Roanoke, Virginia 24016 Mr. James G. Harvey~ II~ 1904 Westover Avenue, S. Roanoke, Virginia 24015 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., Corr~nissioner of Revenue Mr. Von W. Moody~ III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairman, Hoard 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~issioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Co~mission Mr. Edward R. Tucker~ City Planner Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk August 30, 1989 File #$14 The Honorable Patsy Testerman Clerk of the Circuit Court Roanoke, Virginia Dear Miss Testerman: I am attaching copy of Ordinance No. 29705-82889 for proper recordation in your office, which provides for the permanent vacating, discontinuing and closing of a public alley, extending fro~ Fourth Street to Albemarle Avenue, $. W. Ordinance No. 29705-82889 was adopted by the Council of the City of Roanoke on' first reading on Monday~ August 14, 1989, also adopted by the Council on second reading on Monday, August 28, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, City Clerk MFP:ra Enc. pc: Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, Po 0. Box 13105, Roanoke, Virginia 24031 Room456 MunicipalSuilding 215Church Avenue, S.W. Roanoke. Virginia 24011 (703)981-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29705-82889. AN ORDINANCE permanently, vacating, discontinuing and closing cer- tain public right-of-way in the City of Roanoke, Virginia, as is more particularly described hereinafter. WHEREAS, Roanoke City School Board has filed an application to the Council of the City of Roanoke, Virginia, in accordance with law, requesting the Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council in a report to Council dated August 14, 1989. WHEREAS, a public hearing was held on said application by the City Council on August 14, 1989, after due and timely no~ice thereof as required b~ $30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on said application; and WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, the Council considers that no inconvenience will result to any individual or to the public from per- manently vacating, discontinuing and closing said public right-of-way described hereinafter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A portion of the alley between 4th Street, S. W., to the rear of Highland Park School. be, and it hereby is, permanently vacated, discontinued and closed, in accordance with and as described in Option No. 2 and subject to the conditions recommended by the City Planning Commission in its re- port dated August 14, 1989, and that all right and interest of the public in and to the same be, and hereby is, released insofar as the Council of the City of Roanoke is empowered so to do with respect to the closed portion of the alley, reserving however, to the City of Roanoke an easement for sewer lines and water mains and other public utilities that may now be located in or across said public right-of- way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or utility by the owner thereof. BE IT FURTHER ORDAINED that the City Engineer be, and he is, directed to mark "permanently vacated" on said public right-of-way which has been hereby closed on all maps and plats on file in his office on which said right-of-way is shown, referring to the book and page or ordinances and resolutions of the Council of the City of Roanoke, Virginia, wherein this ordinance shall be spread. BE IT FURTHER ORDAINED that if the conditions of this closure are not met within one year of the effective date of this ordinance, this ordinance shall be null and void without further action taken by City Council. BE IT FURTHER ORDAINED that the Clerk of the Council deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation in the Deed Books of said Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of Roanoke City School Board, and the names of any other parties in interest who may so request, as Grantees. ATTEST: City Clerk. CITY ...... 'Roanoke City Planning Commission August 14, 1989 The ~onoraDle Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Application of the Roanoke City School Board to close and vacate a portion of a public alley as it extends from Fourth Street, S.W. to Albemarle Avenue, S.W. Background: Portion of the public alley as requested for closure originally extended from Albemarle Avenue, S.W., along the rear of Highland Park Elementary School for a distance of ].59.2' and 'then turning to the east for a distance of 26' Alley portion previously separated school board property from the property (official tax no. 1022802, see attached Map A) of an adjacent apartment complex. School board subsequently acquired this parcel with the intention of expanding its existinq parking facilities, in conjunction with plans to renovate the school building. Building permit for the renovation of the Highland Park Elementary School building was issued on July 27, 1988. Alley portion as requested for closure was demolished and razed sometime between the above date and April 1, 1989. Parking lot and utility construction at the site was near completion at the time the school board submitted a comprehensive development plan for the City's review and approval, on or about April 1, 1989. Poc~n355 MunicipalBuilcting 215 Churd~ Avenue, SW Roanoke, Virginia24011 (703) 981-2344 Roanoke City Council Page 2 August 14, 1989 Perfunctory approval of the plan was granted by the City on April 7, 1989, due to the fact that the alley had already been razed and most of the construction (utilities and parking lot) completed. Planning Com~ission reviewed the subject application at its regular meeting of June 7, 1989. Director of School Plants, Mr. Carroll Swain, representing the City School Board explained to the Commission that the school was being renovated and that a much-needed parking lot was being constructed in the location of the subject parkinq lot. Mr. Swain stated that closure of the subject alley would provide additional security for the school. He also pointed out that in lieu of the alley section, the school board would dedicate and construct an area for a public turnaround at the alley terminus. Plannin~ Commission questioned Mr. Swain as to why the school board could ~ot dedicate and relocate the alley at a 90 turn to extend through the parking lot to Albemarle Avenue, S.W. Mr. Swain responded by stating that this would require vehicles parked in the lot to back into the public right-of-way. Concerns were expressed by the Commission on the following issues: The question and problems related to dead-end streets and alleys. The improper process being used by the school board in requesting the Planning Commission to approve the closure of a public alley after the fact of the alley being physically demolished and removed in clear violation of Section 30-14 of the Code of the City of Roanoke. Planning Commission by a vote of 7-0, voted to table the application until its meeting of July 5, 1989, in order to provide staff and the applicant ample time to work through the problems related to the requested closure. Applicant and the Planning staff had not sufficiently resolved the problems related to the requested closure at the Commission's regular meeting of July 5, 1989. Roanoke City Council Page 3 August 14, 1989 Planning Commission, by a vote of 6-0 (Mr. Price absent) again tabled the matter until its special meeting of July 19, 1989. Planning Commission advised the applicant at that time that all work on the parking lot construction should cease until City Council had decided the final disposition of the subject alley in its relationship to the parking lot location and design. II. Current Situation: Applicant submitted a revised application to the Commission at its meeting of July 19, 1989. Revised application offered three (3) possible solutions to the subject alley closure (see attached letter and options numbered 1 through 3). Applicant requested that option no. 1 be approved. Option no. 1 is the same request and proposal made by the school board to the Planning Commission at its first meeting on June 7, 1989. Planning Commission discussed again the possibility of extending the alley at a 90° turn through the school parking lot to Albemarle Avenue. Applicant stated that the school board would dedicate the alley through the parking lot if that was what the Commission wanted. Eo Planning staff pointed out that this would be a violation of City ordinance section 36.1-433(b) which prohibits a parking lot from being designed in a manner that requires "maneuvering into the public right-of-way." Planning staff recommended approval of Option no. 3 on the basis of the following conclusions: Highland Park Elementary School premises will be occupied by 175 school age children and 50 smaller children that will be housed in its day-care center. Small children will be walking in, or passing through, the subject parking lot on a daily basis. Roanoke City Council Page 4 August 14, 1989 Option no. 3 would place the position and location of the proposed public alley turnaround at the maximum or greatest possible distance from the public school premises and parking lot. Option No. 3 would enable the school to properly secure the parking lot (if needed or desired in the future) from the problems routinely associated with public traffic access, by means of a security fence or other security measures. Option no. 3 would require minimal changes in parking lot design and would not require a variance from parking lot design safety standards currently provided in Section 26.1-433(b) of the City zoning ordinance. Original alley extending to Albemarle Avenue, S.W., has been razed and removed for a period of at least six (6) months. No complaints from adjacent property owners related to the need for this alley to extend to Albemarle Avenue have been heard or received by the Planning staff during the period of its absence. Applicant stated that he would take necessary steps to obtain a variance from the zoning requirement (See. 36.1-433(b)) from the Board of Zoning Appeals. III. Issues: School 9rounds safety and security. B. City ordinance requirements. C. Traffic impact. D. Creation of a dead-end alley. IV. Alternatives: Approve Option no. 2 as described in the applicant's revised application to the Planning Commission. Roanoke City Council Page 5 August 14, 1989 School ~rounds safety and security - Safety and security will be increased by the following changes: Unsafe proximity of this public alley at the rear of the school building will be eliminated. Additional parking capacity will reduce the number of vehicles parked on the adjacent streets. City zonin~ ordinance requirements - Section 36.1-433(b) prohibits a parking lot from being designed in a manner that requires "maneuvering into the public right-of-way." Alley extended through the parking lot will require that vehicles back into the public right-of-way of the alley in order to get to the public street. Applicant will apply to the Board of Zoning Appeals to obtain a variance from this requirement. Traffic impact - adversely impact area. Closure will not traffic needs in the Creation of a dead-end alley - Existing 25' section of alley extending beyond parking lot to the rear of the school building will remain as a dead-end alley. Approve Option no. 1 as described in the applicant's revised application. School grounds safety and security - Safety and security of the elementary school premises would significantly improve by the elimination of the alley as a public right-of-way crossing school property. Zoning ordinance requirements would not be an issue. 3. Traffic impact: Closure would have no affect on traffic or traffic needs in the area. Roanoke City Council Page 6 August 14, 1989 Turnaround would provide sufficient area and maneuvering space for turning vehicles around in the alley right-of-way. 4. Creation of a dead-end alley: Proposal would create a dead-end alley but one with sufficient area to turnaround and re-exit the alley. Refuse collection trucks have been backing down this alley from Fourth Street, S.W., for a number of years because of the difficulty in th trucks negotiating the sharp 90u turn in the alley. Approve Option no. 3 as described in the applicant's revised application School grounds safety and security - Safety and security would be increased to the maximum by the elimination of the close proximity of the old alley to the school building and the relocation of the new alley turnaround at a maximum distance from the school grounds and parking lot. Zoning ordinance requirements would not be an issue. Traffic impact - Traffic needs would not be affected. 4. Creation of a dead-end alley: Proposal would create a dead-end alley. Turnaround area proposed at this location would provide ample access and maneuverability for traffic needs. Proposal would require the applicant to file an amended application to include an additional 25' of the old alley in his request for closure. This would include the need to re-advertise the application for closure. Roanoke City Council Page 7 August 14, 1989 V. Recommendation: The Planning Commission by a vote of 6-0 (Mr. Price absent) recoK~ended that City Council approve Option no. 2, as described in the applicant's revised application to the Planning Commission subject to the following conditions: That the applicant agree to dedicate and construct an area sufficient to provide for the extension of a public alley through the center of the school parking lot to an intersection with Albemarle Avenue, S.W. That the applicant agree to provide to the City verification that title can be properly established to the land within the alley section being vacated, and that such verification be provided at least seven (7) days prior to any public hearing in which City Council is to consider the application. That the applicant agree to have prepared and provided to the City a plat of subdivision, dedicating an area sufficient to provide the subject alternative alley through the elementary school parking lot and providing thereon for the proper division and disposition of the vacated alley and the retention of all public and private utilities located within the vacated alley (if any). That the ordinance providing for the closure be made contingent upon the applicant obtaining a variance from the requirements as set forth in Section 36.1-433(b) of the City zoning ordinance from the Board of Zoning Appeals and the final acceptance in written form by the City Engineer, of the properly constructed alternative alley, and that if said variance is not obtained and/or such acceptance is not acknowledged by the City Engineer within twelve (12) months from the date of the ordinance providing for closure, then such ordinance shall become null and void without further action by City Council being necessary. Michael M. Waldvogel, Chairman Roanoke City Planning Commission Roanoke City Council Page 8 August 14, 1989 MMW:ERT:mpf cc: City Attorney Assistant City Attorney Director of Public Works City Engineer Building Commissioner Petitioner ATTACHMENTS TO REPORT Attachment I: I.B. I.C. I.D. IoEo Location Map Alley System map Option 1 - School Board request map Option 2 - Planning Commission recommendation map Option 3 - Staff recommendation map Map A depicting school board property Attachment II: II.A. II .B. II.C. 7/13/89 second amended alley closure application, including maps containing three different options 6/29/89 first amended alley closure application 6/1/89 original alley closure application .."'LOCATION-, J / (s~t~_ ~o~ ~-~. OPTION [~t-L.E¥ {i~.t-otS~Tto N gT__~ $ Tr~ Ill lET OPTION~ Z J / lake City Public Schools Division of Business Affairs July 13, 1989 · P.O. Box 13105, Roanoke. Virginia 24031 Ta The Members Of The Roanoke City Planning Commission: In our efforts to expedite completion af major renovations ta Highland Park Elementary School, it is evident that a portion of the alleyway located behind the school was physically closed prior to receiving official approval from your Commission. We wish to assure you that this was inadvertently done with the assumption that the Board and the City Planning Department were in agreement with our plans based on documented Development Plan approvals from the Planning Commission Agent and Zoning Administrator dated April 7, 1989. The Contractor and the School Board are on a very tight construction schedule in order to have the facility ready for occupancy prior to the scheduled school opening in September 1989. Consequently, the formal application and subsequent approval inadvertently followed the physical closing of the alleyway. Nevertheless, it is our contention that the closing of the alleyway that existed, and the construction that now exists vastly improves public access and utilization. The sewer easement has been maintained which assures ready access for utility maintenance, and a sharply angled turn has been eliminated. In addition, the Roanoke City School Board is willing to guarantee public access to and through its proposed parking lot which will be surfaced for heavy duty traffic. As a means of resolving concerns of the Commission, several options have been proposed as a result of consultations with Sherertz, Franklin, Crawford, Shaffner, Architect/Engineers for the project. Each option is predicated on formal approval of closing a portion of the alley. The options are as follows: 1. Relocate Public Right-of-Way as per Layout #1 providing a 10' x 20' turn-around into the parking lot area. This provision is as originally proposed and approved by City officials on Development Plans dated 4/7/89. It meets all ordinance requirements. The proposed "T" extension resulting in a deadend at the alley would be necessary to service the last lot adjoining the south side of the alleyway. It is the simplest and least costly of the options and can be implemented immediately. Excellence in Education, Planning Commission July 13, 1989 Page 2 In addition to relocating the Public Right-of-Way as per Option 1, formally extend the 10' turn-around through the parking lot as per Layout #2. This pro,~ision would provide the City and public with a dedicated easement or letter of agreement granting access through the parking lot. An easement would require a variance by the Zoning Board allowing vehicles to maneuver across the Right-of-Way while parking. Since the only non-school related traffic expected would be refuse collecting vehicles, a waiver of the ordinance restricting maneuvering in a public right-of-way should generate very little, if any objections. However, to acquire a waiver will be time consuming and will adversely affect efforts to expedite construction. 3. Provide a turn-around as per Layout #3- This provision would require removing a portion of the curbing already installed and the Possible loss of at least two parking spaces. It would also require closing an additional 40 feet of alleyway in keeping with good design standards, which in turn will require another formal application for an alleyway closure. Again, this course of action will adversely affect efforts to expedite construction. Of the three options, we are of the opinion that Option #1 would be the most practical and the most beneficial to the school system, the City of Roanoke and to the public. The alleyway as it existed prior to it being prematurely closed, presented maintenance problems because of its physical layout and surface treatment. It is our understanding that trash collecting vehicles historically backed down the alleyway to avoid negotiating the sharp turn leading to Albemarle Avenue. Relocation will provide a 90 degree turn-around compatible with good design standards and will improve refuse collection efforts. The proposal is cost effective, practical and proficient. It also allows for a maximum of off-street parking and better utilization of land and resources. Planning Commission Page 3 July 13, 1989 We wish to reiterate that it was not the intent of the Roanoke City Schools to circumvent the authority of the Planning Commission and in retrospect regret that a portion of the alleyway was physically closed prior to complete official sanctions. However, we feel that it is in the best interest of all concerned to allow the Contractor to proceed with construction of the parking lot and alleyway as proposed by Option #1. The City of Roanoke, its citizens and its school system can only benefit in the end. Furthermore, it is our hope that future situations of this nature can be avoided through better anticipation and adherence to statutory requirements. We, therefore, respectfully request that the Roanoke City School Board's application for an alley closure be accepted by the Commission and forwarded to the Roanoke City Council with a favorable recommendation. Sincerely, Director of School Plants Enclosures cc: Mr. Richard L. Kelley, Clerk, School Board for the City of Roanoke mil OPTION IN TRE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Application of the School Board for the City of Roanoke for vacation of a portion of the Alley bewteen 4th Street, S.W. to the rear of Highland Park School APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF A PORTION OF THE ALLEY BETW~ 4TH STREET SWAND HIGHLAND PARK SCHOOL MEMBERS OF COUNCIL: It is proposed that the above application be smended to include a 10' x 149' dedication through the parking lot as illustrated by the attached drawing; it is further requested that a variance be granted to allow vehicular maneuvering across the dedication to pa~k. Respectfully Submitted SCHOOL BOARD FOR THE CITY OF ROANOKE Clerk, School oa~d for~ of Roanoke IN RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA Application of the School Board for the City of Roanoke for vacation of a portion of the Alley between 4th Street, S.W. to the rear of Highland Park School. MEMBERS OF COUNCIL: APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF A PORTION OF THE ALLEY BETWEEN 4TH STREET SW AND HIGHLAND PARK SCHOOL. The School Board for the City of Roanoke hereby applies to to have portion of the alley way which extends frcm the rear p6rtion of Highland Park Elementary School N 11' 06' OOE 159.2 feet to Albemarle Avenue, S.W. and S83' 25' OCE to a point 26' into existing alley way serving the property indicated on the attached sheet, permanently vacated and relocated, pursuant to Virginia Code S~4.1-364 and S30-14, Code of the City of Roanoke (1979), as amended, This section of alley way is more particularly described on the map attached hereto. The School Board for the City of Roanoke states that the grounds for this application are as follows: The Applicant desires to use the property to be vacated for the placement of a new manhole and storm drain lines as required by the Highland Park Renovation Project. This property will be landscaped as indicated on the enclosed submittal; Applicant desires additional parking facilities for the school. Adequate turn around will be provided; Closing will provide additional security for School Board property; Land owners whose property which will be affected by the alley closure are identified cn the attached sheet. Notification of the owners of adjoining properties is required. WHEREFORE, the School Board for the City of Roanoke respectfully requests that the above-described alley ~e vacated by the Council of the City of Roanoke in accordance with Virginia Code S15.1-364 and Section 30-14, Cede of the City of Roanoke (1979), as amended. Respectfully Submitted, SCHOOL BOARD FOR THE CITY OF ROANOKE Clerk, School Board for th~City of Roanoke ADDRESS 401 Walnut Ave. 405 Walnut Ave. 419 Walnut Ave. 425 Walnut Ave. 420 Albemarle Ave. 414 Albemarle Ave. 410 Albemarle Ave. 406 Albemarle Ave. 402 Albemarle Ave. OWNERS David F. Kunca 401 Walnut Rd. Roanoke, Va. 24016 Caryoln Smith 405 Walnut Rd. Roanoke, Va. 24016 Clayton H. Hudson 419 Walnut Rd. Roanoke, Va. 24016 Fred G. Laidi III P.O. Box 12586 Roanoke, Va. 24016 Richard K. Bratton 924 Lauderdale Dr. Vinton, Va. 24179 Gary E. Dogan Roy Carpenter 3110 Meadowood Rd. Roanoke, Va. 24013 Norman BJ Blake Jr. John Barrett 410 Albemarle Roanoke, Va. 24016 David L. Smoker 406 Albemarle Roanoke, Va. 24016 Wayne P. Gross 402 Albemarle Roanoke, Va. 24016 SE Office of the City Clerk August 3, 1989 File #514 Mr. Richard L. Kelley Executive for Business Affairs and Clerk of the Board P. 0. Box 13105 Roanoke, Virginia 24031 Dear Mr. Kelley: I am enclosing copy of a report of the City Planning Corr~ission recorr~lending that the Council of the City of Roanoke grant the request of the Roanoke City School Board that a portion of the alley between Fourth Street, S. W., to the rear of Highland Park Elementary School, be permanently vacated, discontinued and closed. 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, August 14, 1989, at 7:30 p.m., or as soon thereafter as the matter may be heard, 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 Corr~nunity Planning, at 981-2344. Sincerely. ~~ Mary F. Parker, CMC City Clerk MFP:ra PUBLIC49 Room 456 Municil:~al Building 215 Church Avenue S W Bz~noke ~rg~nia 240t 't (703) 98't-2541 Mr. Richard L. August 3~ 1989 Page 2 Kelley pc: Roanoke, Roanoke~ Roanoke~ Virginia Virginia Mr. David F. Kunca, 401 Walnut Avenue~ S. W., Virginia 24016 Ms. Caroline Smith~ 405 Walnut Avenue~ S. W., Virginia 24016 Mr. Clayton H. Hudson~ 419 Walnut Avenue, S. W., Virginia 24016 Mr. Fred G. Laidy~ IIIt P. 0. 8ox 12586~ Roanoke~ 24016 Mrs. Sarah Bratton~ 924 Lauderdale Drive~ Vinton, 24179 Mr. Gary E. Dogan and Mr. Roy Carpenter~ 3110 Meadowwod Road, S. E.~ Roanoke~ Virginia 24014 Mr. Norman G. Blake, Jr., and Mr. John Barrett~ 410 Albemarle Avenuet S. W.~ Roanoke~ Virginia 24016 Mr. David L. Smoker~ 406 Albemarle Avenue~ S. W.~ Roanoke, Virginia 24016 Mr. Wayne P. Gross, 402 Albemarle Avenuet S. W., Roanoke, Virginia 24016 Mr. Richard A. Rife, 2301 Lincoln Avenuet S. W., Roanoke, Virginia 24016 Mr. James G. Harvey, Il, 1904 Westover Avenue, S. W.t Roanoke, Virginia 24015 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr.t City Attorney Mr. Steven J. Talevit Assistant City Attorney The Honorable Jerome S. Howard, Jr., Corr~nissioner of Revenue Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. WaldvogeI, Chairman, City Planning Commission Mr. L. Elwood Norris, Chairmant Board of Zoning Appeals Mr. William F. Clarkt Director of Public Works Mr. Kit B. Kisert Director of Utilities and Operations Mr. Charles M. Huffinet City Engineer Mr. Ronald H. Millert 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 PO UOX 131O~ STATE Or ViK~INIA ~iTY CF ~GANGK6 ~FFiDAVIT CF PU~LIC~TiUN REPi<kSENTATIV~ CF TtiE IlMmS-~OKLD CGR- DAILY NEWSPaPeR POULISNE6 iN KOANOKE~ IN lite STATE UF VlR~iNiA~ DC CEATIFY THaT [FIE ~NNEXED NOTICE .AS PUmLISMEO IN SAID NUWSPAPEK$ GiN f~k FdLLG~ING DATES u7/Zd/89 MOHNINb AuTmo~IZEO S i GN,~ TURE NOTICE OF PUBLIC HEARING TO W~OM IT MAY CONCERN: The Council of the City of Roanoke will hold a Public Hearing on Monday, August 14, 1989, at 7:30 p.m. or as soon thereafter as the matter may be heard, in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on an application to per- manently abandon, vacate, discontinue and close the following public right-of-way: A portion of the alley between 4th Street S. W., to the rear of Highland Park School. 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 26th day of July , 19 89 Mary F. Parker, City Clerk. Please publish in full twice, once on Friday, July 28, 1989, and once on Friday, August 4, 1989, in the Roanoke Times & World News, Morning Edition. Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 456, Municipal Building Roanoke, Virginia 24011 Mr. Richard L. Kelley Executive for Business Affairs and Clerk of the Board P. O. Box 13105 Roanoke, Virginia 24031 June 7, 1989 FiIe #514 Mr. Michael M. WaldvogeI Chairman City Planning Corrs~ission Roanoke, Virginia Dear Mr. WaIdvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an amended application from Mr. Richard L. Kelley, representing the Roanoke City School Board, requesting that a portion of the alley between Fourth Street, S. W., to the rear of Highland Park School, be permanently vacated, discontinued and closed. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra ST. CLOSE49 Enc. pc: Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board, P. O. Box 13105, Roanoke, Virginia 24031 Mr. John R. MarIIes, Agent/Secretary, City Planning Cort~nission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney ROOm 456 Municipol Building 215 Church Avenue, SW Roanoke Virginia 24011 (703) 981-254.1 1N RE: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA ~9 ~Ii~-1 ~':~ Application of the School Bosrd for the City of Roanoke for vacation of a portion of the Alley between 4th Street, S.W. to the rear of Highland Park School· MEMBERS OF COUNCIL: APPLICATION FOR VACATING DISCONTINUING AND CLOSING OF A PORTION OF THE ALLEY BETWEEN 4TH STREET SW AND HIGHLAND PARK SCHOOL. The School Board for the City of Roanoke hereby applies to to have portion of the alley way which extends from the rear p6rtion of Highland Park Elementary School N 11' 06' OOE 159.2 feet to Albemarle Avsnue, S.W. and S83~ 25' OCE to a point 26' into existing alley way serving the property indicated on the attached sheet, permanently vacated and relocated, pursuant to Virginia Code S14.1-364 and S30-14, Code of the City of Roanoke (1979), as amended, This section of alley way is more particularly described on the map attached hereto. The School Board for the City of Roanoke states that the grounds for this application are as follows: The Applicant desires to use the property to be vacated for the placement of a new manhole and storm drain lines as required by the Highland Park Renovation Project. This property will be landscaped as indicated on the enclosed submittal; Applicant desires additional psrking facilities for the school· Adequate turn around will te provided; Closing will provide additional security for School Board property; Land owners whose property which will be affected by the alley closure ars identified cn the attached sheet· Notification of the owners of adjoining properties is required. WHEREFORE, the School Board for the City of Roanoke respectfully requests that the above-described alley te vacated by the Council of the City of Roanoke in accordance with Virginia Code S15.1-364 and Section 30-14, Ccde of the City of Roanoke (1979), as amended. Respectfully Submitted, SCHOOL BOARD FOR THE CITY OF ROANOKE Clerk, hool Board for th~City Roanoke Oate of ADDRESS 401 Walnut Ave. 405 Walnut Ave. 419 Walnut Ave. 425 Walnut Ave. 420 Albemarle Ave. 414 Albemarle Ave. 410 Albemarle Ave. 406 Albemarle Ave. 402 Albemarle Ave. OWNERS David F. Kunca 401 Walnut Rd. Roanoke, Va. 24016 Caryoln Smith 405 Walnut Rd. Roanoke, Va. 24016 Clayton H. Hudson 419 Walnut Rd. Roanoke, Va. 24016 Fred G. Laidi III P.O. Box 12588 Roanoke, Va. 24016 Richard K. Bratton 924 Lauderdale Dr. Vinton, Va. 24179 Gary E. Dogan Roy Carpenter 3110 Meadowood Rd. Roanoke, Va. 24013 Norman BJ Blake Jr. John Barrett 410 Albemarle Roanoke, Va. 24016 David L. Smoker 406 Albemarle Roanoke, Va. 24016 Wayne P. Gross 402 Albemarle Roanoke, Va. 24016 SE Or, ce of ne Ci~, Clem May 16, 1959 File #514 Mr. Michael M. Waldvogel Chairman City Planning Corrgnission Roanoke, Virginia Dear Mr. Waldvogel Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Mr. Richard L. Kelley, representing the Roanoke City School Board, requesting that a portion of the alleyway which extends from the rear portion of Highland Park Elementary School N 11° 06' OOE 159.2 feet to Albemarle Avenue, S. W., and S83° 25' OOE to a point 26' into existing alleyway serving the property indicated on the attached sheets, be permanently vacated, discon- tinued and closed. S incere ly, ~j Mary F. Parker, CMC City Clerk MFP: ra ST. CLOSE49 Eno. pc: Mr. Richard L. Kelley, Executive for Business Affairs Clerk of the Board, P. O. Box 13105, Roanoke, Virginia Mr. John R. Marlles, Agent/Secretary, City Planning Corr~ission Mr. Edward R. Tucker, City Planner Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney and 24031 ROOm 456 Municipal Building 215 Church Avenue S.W Pc:x~noke Virginia 2401 t (703) 981-254.1 -Roanoke City Public Schools Division of Business Affairs '89 P// ! q · P.O. Box 13105, Roanoke, Virginia 24031 May 16, 1989 Mary F. Parker, City Clerk City of Roanoke, Virginia Room 456, Municipal Building Roanoke, Virginia 24011 RE: School Board application to vacate alley way dated April 7, 1989 Dear MB. Parker: Please revise and admend paragraph 1 of the referenced application to read as follows: "The School Board for the City of Roanoke hereby applies to have that portion of the alley way which extends from the rear portion of Highland Park Elementary School N 11°06' 00E 159.2 feet to Albemarle Avenue, S.W. and S83° 25' OOE to a point 26' into existing alley way serving the property indicated on the attached sheet, permanently vacated and relocated, pursuant to Virginia Code S14.1-364 and S30-14, Code of the City of Roanoke (1979), as amended. This section of alley way is more particularly described on the map attached hereto." Amended map is also attached. Sincerely, Coordinator of Maintenance/Construction Systems lnl Excellence in Education ... IOZ25t ff41leO~ Oo~ ,,~ IOZ2..Bi2. .. 1~9.~h' April 27, 1989 File #514 Mr. Michael M. Waldvogel Chairman City Planning Cor~nission Roanoke, Virginia Dear Mr. Waldvogel: Pursuant to Ordinance No. 25226, I am enclosing copy of an appli- cation from Mr. Richard L. Kelley~ representing the Roanoke City School Board, requesting that a portion of the alleyway which extends from the rear portion of Highland Park Elementary School to Fourth Street~ S. W.~ be permanently vacated, discontinued and closed. Sincerely, ~l~.~~ Mary F. Parker, CMC City Clerk MFP:ra ST.CLOSE49 Enco pc: Mr. Richard L. Kelley, Executive for Business Affairs and Clerk of the Board~ P. O. Box 13105~ Roanoke~ Virginia 24031 Mr. John R. Marlles~ Agent/Secretary~ City Planning Corrwission Mr. Edward R. Tucker~ City Planner Mr. Ronald H. Miller~ Zoning Administrator Mr. Steven J. Talevi~ Assistant City Attorney Room 456 Municipal Building 215 Churc~ Avenue, SW Roanoke, ~rg~nia 24011 (703) 981-2541 .--Roanoke City Public Schools Division of Business Affairs · P.O. Box 13t 05, Roanoke, Virginia 24031 April 25, 1989 TO: THRU: FROM: RE: Mary F. Parker, City Clerk City o~ Roanoke, Virginia Carroll E. Swain,Director o? School Joseph L. Ca~on, Coordinator Maintenance / Construction Services Street and Alley Closing, Highland Park School As Der your request, a signed application and map are attached hereto ~or the above re?erenced project. Please complete processing as moon am possible. Thank you ?or your cooperation. Attachments (2) Excellence in Educotion J Roanoke City Public Schools Division of Business Affairs P. O. Box 13105, Roanoke, Virginia 24031 April 7, 1989 Mary F. Parker, City Clerk City of Roanoke, Virginia Room 456, Municipal Building Roanoke, Virginia RE: Application by the School Board, Roanoke City Public Schools for Vacation of a portion of the alley to the rear of Highland Park School and extends to 4th Street SW between Walnut and Albemarle Avenues, SW. Dear Ms. Parker: Please find enclosed the School Board's application for the above referenced request. It is our understanding that the $100.00 application fee does not have to be filed; however, the School Board will assume any advertising costs associated with this request. Sincerely, ~i~ants Enclosures cc: Richard L. Kelley, Executive for Business Affairs Excellence in Education TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGInitY Fi 7 PERTAINING TO THE STREET CLOSURE OF: '$9.~"~ ~ ~1 Request from the Roanoke City School Board, represented by Richard L. Kelley, that a portion of an alleyway running behind Highland Park Elementary School, extending in a southerly direction for approximately 156 feet, from Albemarle Avenue, S.W., to its inter- section with an alley running parallel to Albemarle Avenue, S.W., be permanently vacated, discontinued and closed. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: ,AFFIDAVIT ADDRESS David F. Kunca Caroline Smith Clayton H. Hudson 401 Walnut Avenue.3~ Roanoke, VA 24016 405 Walnut Avenue Roanoke, VA 24016 419 Walnut Avenue bU Roanoke, VA 24016 Fred G. Laidy,III Richard K. Bratton P. O. Box 12586 Roanoke, VA 24016 924 Lauderdale Drive Vinton, VA 24179 Gary E. Dogan Roy Carpenter 3110 Meadowwod Road,'- Roanoke, VA 24014 Norman G. Blake, Jr. John Barrett 410 Albemarle Avenue Roanoke, VA 24016 David L. Smoker 406 Albemarle Avenue Roanoke, VA 24016 Wayne P. Gross Richard A. Rife 402 Albemarle Avenue Roanoke, VA 24016 2301 Lincoln Avenue Roanoke, VA 24016 PARCEL 1022813 1022812 1022810 1222808 1022803 1022804 1022805 1222806 1022807 1022809 OWNER~ AGENT OR OCCUPANT 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: 1022811 James G. Harvey, II 1904 Westover Avenue£~3 Roanoke, VA 24015 Marfha 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 TO THE CITY CLERK OF ~ cITY OF ROANOKE, VIRGINIA PERTAINING TO THE STR~T~L~Y~O~bRE OF: Request from the Roanoke City School Board, represented) by Richard L. Kelley, that a portion of an alleyway running behind Highland Park Elementary School, extending in a southerly direction for approximately 156 feet, from Albemarle Avenue, S.W., to its inter- section with an alley running parallel to Albemarle Avenue, S.W., be permanently vacated, discontinued and closed. COMMONWEALTH OF VIRGINIA ) ) CITY OF ROANOKE ) TO-WIT: AFFIDAVIT 1022813 1022812 1022810 1222808 1022803 1022804 1022805 1222806 1022807 1022809 PARCEL OWNERr AGENT OR OCCUPANT David F. Kunca Caroline Smith Clayton H. Hudson Fred G. Laidy, III Richard K. Bratton Gary E. Dogan Roy Carpenter Norman G. Blake, Jr. John Barrett David L. Smoker Wayne P. Gross Richard A. Rife ADDRESS 401 Walnut Avenue Roanoke, VA 24016 405 Walnut Avenue Roanoke, VA 24016 419 Walnut Avenue Roanoke, VA 24016 P. O. Box 12586 Roanoke, VA 24016 924 Lauderdale Drive Vinton, VA 24179 3110 Meadowwod Road, Roanoke, VA 24014 410 Albemarle Avenue Roanoke, VA 24016 406 Albemarle Avenue Roanoke, VA 24016 402 Albemarle Avenue Roanoke VA 24016 2301 Lincoln Avenue Roanoke, VA 24016 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 10th day of July, 1989, notices of a public hearing to be held on the 19th day of July, 1989, on the petition captioned above to the owner or agent of the parcels listed below at their last known address: 1022811 James G. Harvey, II 1904 Westover Avenue Roanoke, VA 24015 Mar~ha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this llth day of July, 1989. My Commission Expires: Notary Public/ TO THE CITY CLERK OF THE CITY OF ROANOK~I~RdiNiA ~ PERTAINING TO THE STREET/ALLEY CLOSURE O~ Request from the Roanoke City School Board, represented by Richard L. Kelley, that a portion of an alleyway running behind Highland Park Elementary School, extending in a southerly direction for approximately 156 feet, from Albemarle Avenue, S.W., to its inter- section with an alley running parallel to Albemarle Avenue, S.W., be permanently vacated, discontinued and closed. 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 ~15.1-341) Code of Virginia (1950), as amended, on behalf of the Planning Commission of the City of Roanoke she has sent by first-class mail on the 26th day of June, 1989, notices of a public hearing to be held on the 5th day of July, 1989, on the petition captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 1022813 1022812 1022810 1222808 1022803 1022804 1022805 1222806 1022807 1022809 OWNER~ AGENT OR OCCUPANT David F. Kunca Caroline Smith Clayton H. Hudson Fred G. Laidy, III Richard K. Bratton Gary E. Dogan Roy Carpenter Norman G. Blake, Jr. John Barrett David L. Smoker Wayne P. Gross Richard A. Rife ADDRESS 401 Walnut Avenue,S3 Roanoke, VA 24016 405 Walnut Avenue/~ Roanoke, VA 24016 419 Walnut Avenue~3~ Roanoke, VA 24016 P. O. Box 12586 Roanoke, VA 24016 924 Lauderdale Drive Vinton, VA 24179 3110 Meadowwod Road,~ Roanoke, VA 24014 410 Albemarle Avenue %~) Roanoke, VA 24016 406 Albemarle Avenue Roanoke, VA 24016 402 Albemarle Avenue Roanoke, VA 24016 2301 Lincoln Avenue Roanoke, VA 24016 1022811 James G. Harvey, II 1904 Westover Avenue~J~ Roanoke, VA 24015 Mart~%a Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of June, 1989. My Commission Expires: Notary Public Office of the City Clerk August 30~ 1989 File #51 Mr. D. Jeffrey Parkhill Hughes Associates Architects P. O. Box 1034 Roanoke~ Virginia 24005 Dear Mr. Parkhill: I am enclosing copy of Ordinance No. 29706-82889 rezoning a tract .of land containing 0.81 acre, more or less, located in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots 19 - 21, respectively, Official Tax Nos. 2160612 - 2160614, being' one lot behind Williamson Road, N. W., from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family~ Medium Density District. Ordinance No. 29706-82889 was adopted by the Council of the City of Roanoke on first reading on Monday, August 14, 1989, also adopted by the Council on second reading on Monday, August 28, 1989, and will take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, City Clerk MFP: va Enc. pc: Trustees of Trinity Evangelical Lutheran Church of Roanoke, 2921Epperty Avenue, N. W., Roanoke, Virginia 24012 Ms. Maggie G. Whiter 4201 Greenlawn Avenue, N. W., Roanoke~ Virginia 24012 Mr. & Mrs. Winfred C. Nash, 4111 Greenlawn Avenue, N. W.~ Roanoke, Virginia 24012 Ms. Evelyn L. Burcum, 4107 Greenlawn Avenue, N. W., Roanoke, Virginia 24012 Room456 MunicipalSuilding 215Church Avenue, S.W. Roanoke, Virginia 2~,011 (703)981-25al Mr. D. August Page 2 Jeffrey Parkhill 30, 1989 pc: Ms. Linda F. Whitenack, 4103 Greenlawn Avenue, N. W., Roanoke, Virginia 24012 Mr. Graham S. Garland, 2913 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Ms. Ruby F. Woods, 2917 Ravenwood Avenue, No W., Roanoke, Virginia 24012 Ms. Yvonne Rhudy, 2921 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Ms. Hazel B. Jones, 2925 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Michael W. Wolfe, 2929 Ravenwood Avenue, N. Roanoke, Virginia 24012 Mr. & Mrs. James D. Fralin, 7539 North Brook Drive, N. Roanoke, Virginia 24019 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Corr~nission, P. O. 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 Co~ission Mr. L. Elwood No,ris, 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 M,. Ronald H. Miller, Building Cor~nissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Corr~ission Ms. Do,is Layne, Office of Real Estate Valuation Planning IN THE COUNCIL OF THE CITY OF ROANOKE, The 28th day of August, 1989. No. 29706-82889. VIRGINIA, AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 216, 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 RM-2, Multifamily, Medium Density District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by $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 ~ts meeting on August 14, 1989, after due and timely notice thereof as required by $36.1-693, Code of the C%ty 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 described property should be rezoned as herein provided. hereinafter 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. 216 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 2900 block of Epperly Avenue, N. W., being Lots 19, 20, and 21 of Epperly Court, consisting of .81 acre, designated on Sheet No. 216 of the Sectional 1976 Zone Map, City of Roanoke, as Official Tax Nos. 2160612, 2160613 from RS-3, Residential Single Medium Density District, sub- Amended and that and 2160614 be, and is hereby rezoned Family District, to RM-2, Multifamily, ject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on May 8, 1989, Sheet No. 216 of the Zone Map be changed in this respect. ATTEST: City Clerk. Rc~noke Cily Planning Commission August 14, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from John D. Fralin, represented by D. Jeffrey Parkhill, architect, that a tract of land containing 0.81 acres, more or less, located in the 2900 block of Epperly Avenue, N.W., and identified as Official Tax Nos. 2160612,2160613 and 2160614, be rezoned from RS-3 to RM-2. Background: Planning Commission held a public hearing on the above-referenced matter on May 3, 1989. Planning Commission recommended approval of the requested rezoning by a vote of 4-0. The Commission's recommendation (attached) noted that the proposed rezoning provided a good transition between commercial uses fronting on Williamson Road and the single family dwellings in the neighborhood. It was also noted that the proposed rezoning addressed the need to provide a variety of housing choices in an existing neighborhood and encouraged appropriate infill development that is sensitive to the existing neighborhood character. The petitioner filed an amended petition following the Commission's public heaXing which included an additional proffer providing for a six foot solid privacy fence. II. Current Situation: ae City Council public hearing held on on June 12, 1989. Ms. Linda F. Whitenack {4103 Greenlawn Avenue, NW), expressed a number of concerns, including existing and potential Room 355 Municipal Building 215 Church Avenue, SW. Roanoke, Virginia 24011 (703) 98 f-2344 Members of Page 2 August 14, III. Council 1989 problems with low water pressure; sewer problems; rats from dumpster located behind the E1 Rodeo restaurant (4206 Williamson Road, NW) which would be compounded if another dumpster were placed in the area of the townhouses; loss of privacy for residents on Ravenwood Avenue; and inadequate parking. Councilman Bowers also noted that townhouse number 14 appeared to be on the easterly property line and questioned why a petition signed by approximately 40 residents opposed to the rezoning was not included with the Planning Commission's recommendation to Council. Council referred the proposed rezoning back to the Planning Commission for a full report addressing the above stated concerns. Planning Commission public hearing to reconsider the proposed rezoning was held on July 5, 1989. Mr. Jeffry Parkhill, architect, appeared before the Commission on behalf of the applicant. Mr. Parkhill stated that he believed that the concerns which had been expressed at the June 12, 1989, City Council meeting had been addressed. He stated that the Williamson Road Action Forum had no objections to the proposed townhouse development. In response to a question from Mr. Waldvogel, Mr. Parkhill noted that the six foot privacy fence had been provided at the request of the neighborhood residents. He also noted that the E1 Rodeo Restaurant had agreed to provide 12 parking spaces if additional parking ever became necessary. Mr. Marlles presented the staff report recommending approval of the rezoning. Ms. Linda F. Whitenack (4103 Greenlawn Avenue) appeared before the CoK~ission to request that the rezoning application be tabled due to the July 4th holiday. It was the consensus of the Commission that there was not sufficient reason to table the request. Issues: Utilities. The City's Water Department reinvestigate the impact of the proposed townhouse development on water pressure in the immediate neighborhood. As indicated in the attached report from M. Craig Sluss, Manager of the Water Department, dated June Members of Council Page 3 August 14, 1989 5, 1989, water lines in the area are adequate to service the proposed townhouse development and the proposed development should not have any affect on water pressure in the area. Mr. Sluss further noted that any apparent low pressure problem in the area would most likely be caused by old, corroded, inadequate galvanized consumer service lines and interior plumbing and/or outdated split service lines to homes in the area. The problem of split service lines is being addressed by the City's Utility Line Services Department. The City's Engineering Department also reaffirmed that adequate sewer capacity exists to serve the proposed development without any impact on the surrounding neighborhood. Existing and Potential Rodent Problems. Neither the City's Health Department or Building Department are aware of any complaints of rodent problems in the neighborhood. An inspection by the Health Department in the area of the E1 Rodeo restaurant found no evidence of a rodent problem or need for corrective action. Loss of privacy for residents on Ravenwood Avenue. The petitioner has provided for a 10' landscaped buffer along the northerly and westerly property line as required under the City's zoning ordinance. In addition, in response to requests made by neighborhood residents at a meeting with the developer's architect on April 25, 1989, the petitioner has proffered to provide a six foot solid privacy fence to further screen the adjacent single family homes fronting on Ravenwood and Greenlawn Avenues from the proposed townhouse development. The required landscape buffer and six foot high solid privacy fence should be sufficient to protect the privacy of adjacent single-family residents. Inadequate Parking. The number of parking spaces (21) provided on the proffered site plan complies with the requirements of the City's zoning ordinance (1.5 spaces for each dwelling unit). The City's Traffic Engineer has also indicated that the number of parking spaces being provided would be adequate to accommodate the proposed development. The petitioner has also received permission from the E1 Rodeo restaurant to utilize 12 of the Members of Page 4 August 14, IV. Council 1989 restaurant's parking spaces from 9:00 p.m. to 9:00 a.m. should any overflow parking occur from the proposed townhouse development. Required side yards/setbacks. The proffered site plan complies with all side yard and setback requirements of the RM-2 zone. By proposing the minimum (4') setback along the easterly property line which abuts the existing commercial development along Williamson Road, the proffered site plan provides for the maximum setback of the proposed townhouse units from the single-family homes fronting on Greenlawn Avenue. Petition. The filing of any petitions, as well as a summary of neighborhood concerns made prior to or at the Planning Commission's public hearing, has been included as background information in the Commission's recommendation to Council. Copies of petitions filed with the City by individuals opposed to rezonings are reviewed by the City Attorney's Office (see attached report dated June 12, 1989), to determine whether there are sufficient signatures to invoke the provisions of Section 62(5) of the Roanoke City Charter. In the future, copies of all petitions filed by residents will be attached to the Commission's recommendations to Council. Recommendation: By a vote of 6-0 (Mr. Price absent), the Commission recommended approval of the requested rezoning for the reasons outlined in the Commission's original report dated June 12, 1989. .Respectfully submitted, Roanoke City Planning Commission JRM:mpf cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the petitioner LISTING OF ATTACHMENTS TO COUNCIL REPORT Attachment I - Petition to Rezone A. 5/4/89 Petition to rezone, with accompanying site plan Attachment II - Staff Reports A. 7/5/89 B. 6/12/89 C. 5/3/89 Planning staff report to City Council Planning Co~nission report to City Council Planning staff report to Planning Conunission Attachment III - Correspondence A. 7/5/89 B. 7/5/89 C. 7/5/89 D. 7/3/89 E. 6/29/89 F. 6/5/89 Letter from WRAF Letter from lessee of E1 Rodeo Restaurant Letter to lessee of E1 Rodeo Restaurant Letter from Trinity Evangelical Lutheran Church Memo from Roanoke City Health Department Memo from Roanoke City Water Department Attachment IV - Petition A. 5/1/89 B. 6/12/89 Petition in opposition Letter to City Council from City Attorney relative to petition in opposition Attachment V - Maps PETITION TO REZONE '~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying in the 2900 blOCk of Epperly Avenue, N.W. described as BlOCk 1; Lots 19, 20 and 21 Epperly Court, Tax No. 2160612, 2160613, 2160614, one lot behind Williamson PETITION TO REZONE from RS-3 R~sidential Single Family to RM-2 Multi Family Dwellings.- TO THEHONORABLEMAYORANDMEMBERSOFTHECOUNCiL OFT HE CITY OFROANOKE: The Petitioner, John David Fralin, owns land in the City of Roanoke containing'.8acres, more or less, located on Epperly Avenue -'Official Tax No's. 2160612, 2160613 and 2160614. Said tract is currently zoned RS-3 Residential Single Family. A map of the property t0i~ ~tt Exhibi be rezonedis ached as ~t A .~ i ~ Pursuantto Article VII of Chapter 36.1-690, Code ofthe Cityof Roanoke i(1979), as amended, the Petitioner requests that the said prop?rty be rezoned from RS-3 Vacant District to RM-2 Multi Family Dwellings District, subject to certain conditions set forth below, fo~ the purpose of Construction of Multi Fatally ellin s. 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.c(x~prehensive plan, in that it will in fill vaCant land with housin~ ~ofmediumdensity, c~t~h]e With existin~ housin~ types. This property is a continuation of an adjacent RM-2 Zonn. The Petitioner hereby proffers and agrees that if the said tract is rezoned as requested, that the rezoning will be subject to, and that the Petitioner will abide by, the following conditions: 1) That th~ property will be developed in substantial compliance with the site plan prepared by Hughes Associate Architects, Roanoke, Virginia, dated A~ril 12, 19895' a copy of which is attached to the Petition for l~szoning as Exhibit B , subject to any changes required by the City during site plan review. 2) A six foot tall solid privacy fence will be installed on the property line adjacent to property located on ~avenswuod and Greenlawn Ave ~nues. 3) That if no building permit has been issued and no construction c(mm~enced within 3 years from the date of final zoning approval, the zoning shall reVer~ to RS~3 without further action by City Council. Attached as Exhibit C are the n~s, addresses and tax numbers of the owner or owhers 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 su~/tted this 4 day of May , 1989. Owner John David Fralin 7539 Northbrook Drive Roanoke, Virginia 24019 Respectfully submitted, , -I HUGHES ASSOCIATES ARCHITECTS .EPPERL¥ COURT ROANOKE VIRGINIA EXhiBIT C Epperly.Court Co~: 8605 Page 1 of 2 Tax Map No. 2161001 2161025 21610i3 2160603 2160605 216~606 2160607 2160608 2160609 Owner(s) Name & Address Trustees of Trinity Evangelical Lutheran Church of Roanoke 2921 EpperlyAvenue, N.W. Roanoke¢ Virginia 24012 Trinity Evangelical'Lutheran.Church 2921 Epperly Avenue~ N.W. Roanoke, Virginia 24012 Trustees ofTrinityEvangelical Lutheran Church 2921 Epperly Avenue, N.W. Roanoke,.Virginia 24012 Maggie G. White 4201 GreenlawnAvenue, N.W. Roanoke, Virginia 24~12 Wilfred C. & Irma E.'~Nash 4111 Greenlawn Avenue, N.W. Roanoke, Virginia 24~12 Evelyn L. Burc~a 4107 Greenlawn Avenue, N.W. Boanoke, Virginia 24~12 Linda FayeWhitenack_ 4103 Greenlawn Avenue, N.W. Boanoke; Virginia 24~12 Graham S. Garland 2913 Ravenwood Avenue, N.W. ~anoke, Virginia 24012 2917 Ravenwocd Avenue, N.W. Roanoke, Virginia 24~12 Yvonne Rhudy 2921 Ravenwood Avenue, N.W. ~oanoke, Virginia 24012 E~q~IBIT C Epper ly Court Corem: 8605 Page 2 of 2 Tax Map No. 2160610 2160611 216~621 Owner(s) Name & A~dress Hazel B. Jones 2925 Ravenwood Avenue, N.W. Roanoke, Virginia 24017 Michael W. & Daphalene 'L.'Wolfe 2929 Rave~wood Avenue, N.W. Roanoke, 9irginia 24012 James David & LorettaM. Fralin 7539 North Brook Drive Roanoke, Virginia 24019 Subject Property: i2i6~612 2160613 216~614 Owner(s) Name & ~ddress John David ~ Fralin 7539 North' Brook Drive Roanoke, Virginia 24~19 Roanoke Ci~ Planmng Commission July 5, 1989 Mr. Michael M. Waldvogel, Chairman and Members of the Planning Commission Roanoke, Virginia Dear Members of the Commission: Subject: Request from John D. Fralin, represented by D. Jeffrey Parkhill, architect, that a tract of land containing 0.81 acres, more or less, located in the 2900 block of Epperly Avenue, N.W., and identified as Official Tax Nos. 2160612,2160613 and 2160614, be rezoned from RS-3 to RM-2. Background: Plannin~ Commission held a public hearing on the above-referenced matter on May 3, 1989. Planning Commission recommended approval of the requested rezoning by a vote of 4-0. The Commission's recorm~endation noted that the proposed rezoning provided a good transition between commercial uses fronting on Williamson Road and the single family dwellings in the neighborhood. It was also noted that the proposed rezoning addressed the need to provide a variety of housing choices in an existing neighborhood and encouraged appropriate infill development that is sensitive to the existing neighborhood character. The petitioner filed an amended petition to rezone after the Commission public hearing which addressed the issue of a privacy fence. Ce City Council referred the request back to the Planning Commission on June 12, 1989, for a full report addressing a number of concerns alluded to by Ms. Linda F. Whitenack (4103 Greenlawn Avenue, NW), including existing and potential problems with low water pressure; sewer problems; rats from dumpster located Room 355 Municipal Building 215 Churd~ Avenue S W Roanoke, Virginia 24011 (703) 981 2344 II. behind the E1 Rodeo restaurant (4206 Williamson Road, NW) which would be compounded if another dumpster were placed in the area of the townhouses; loss of privacy for residents on Ravenwood Avenue; and inadequate parking. Councilman Bowers made the observation that townhouse number 14 appeared to be on the property line and questioned why a petition signed by approximately 40 residents opposed to the rezoning was not included with the Planning Commission's recommendation to Council. Concerns: Utilities. At the request of Councilman Bowers, staff requested that the City's Water Department reinvestigate the impact of the proposed townhouse development on water pressure in the immediate neighborhood. As indicated in the attached report from M. Craig Sluss, Manager of the Water Department, dated June 5, 1989, water lines in the area are adequate to service the proposed townhouse development and the proposed development should not have any affect on water pressure in the area. Mr. Sluss further noted that any apparent low pressure problem in the area would most likely be caused by old, corroded, inadequate galvanized consumer service lines and interior plumbing and/or outdated split service lines to homes in the area. The problem of split service lines is being addressed by the City's Utility Line Services Department. The City's Engineering Department also reaffirmed that adequate sewer capacity exists to serve the proposed development without any impact on the surrounding neighborhood. Existin9 and Potential Rodent Problem~. Neither the City's Health Department or Building Department are aware of any rodent problems in the immediate neighborhood. Staff has requested that the Health Department perform an inspection of any nearby commercial establishments along Williamson Road, including the E1 Rodeo restaurant, to determine if corrective action is necessary. In addition, staff has discussed this concern with the petitioner's architect who is investigating various options, including providing specially designed dumpsters, to reduce or minimize the possibility that the proposed townhouse development would contribute to a rodent problem in the neighborhood. Loss of privacy for residents on Ravenwood Avenue. The petitioner has provided for a 10' landscaped buffer along the northerly and westerly property line as required under the City's zoning ordinance. In addition, in response to requests made by neighborhood residents at a meeting with the developer.s architect on April 25, 1989, the petitioner has proffered to provide a six foot solid privacy fence to further screen the adjacent single family homes fronting on Ravenwood and Greenlawn Avenues from the proposed townhouse development. The required landscape buffer and six foot high solid privacy fence should be sufficient to protect the privacy of adjacent single-family residents. Inadequate Parking. The number of parking spaces (21) provided on the proffered site plan complies with the requirements of the City's zoning ordinance (1.5 spaces for each dwelling unit). The City's Traffic Engineer has also indicated the number of parking spaces being provided should be adequate to accommodate the proposed development. At staff's request, the petitioner is also pursuing an arrangement with the E1 Rodeo restaurant to utilize the restaurant's excess parking capacity for any overflow parking which may occur from the proposed townhouse development. Required side yards/setbacks. The proffered site plan complies with all side yard and setback requirements of the RM-2 zone. By proposing the minimum setback (4') along the easterly property line which abuts the commercial development along Williamson Road, the proposed site plan provides for the maximum setback of the proposed townhouse units from the exiting single-family homes fronting on Greenlawn Avenue. Fo Petition. The filing of any petitions, as well as a summary of neighborhood concerns made prior to or at the Planning Commission's public hearing, are usually included as background information in the Commission's recommendation to Council. Copies of III. petitions filed with the City by individuals opposed to rezonings are reviewed by the City Attorney's Office (see attached report dated June 12, 1989), to determine whether there are sufficient signatures to invoke the provisions of Section 62(5) of the Roanoke City Charter. In the future, copies of all petitions filed by residents will be attached to the Commission's recommendations to Council. Recommendation: Planning staff recommends approval of the request based on information provided here and reasons outlined in the original staff report dated May 3, 1989. Respectfully submitted, Joh~ R. Marlles, Agent Roanoke City Planning Commission JRM:mpf cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner Attorney for the petitioner attachments: A.I. Petition to Rezone A.II. A.III. A.IV. A.V. A.VI. 6/12/89 Report to Council 5/3/89 Report to Commission 6/5/89 Report from Water Department 6/5/89 Report from City Attorney Location Maps June 12, 1989 TLe Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from John D. Fralin, represented by D. Jeffrey Parkhill, architect, that a tract of land containing 0.81 acres, more or less, located in the 2900 block of Epperly Avenue, N.W., and identified as Official Tax Nos. 2160612,2160613 and 2160614, be rezoned from RS-3 to RM-2. Background: Purpose of the rezoning request is to permit the construction of multi-family dwelling. Previous petition to rezonm to RG-1 zoning designation was denied in February, 1982, by City Council. At that time inadequate sanitary sewer capacity and lack of storm sewers were cited as reasons for denial. Petition to rezone was filed on April 14 · De to rezone was filed on May , 1989. Proff red conditions are as follows: That the property will be developed in substantial compliance with the site plan prepared by Hughes Associate Architects, Roanoke, Virginia, dated April 12, 1989, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by City during site plan review. II. A six foot tall solid privacy fence will be installed on the property line adjacent to property located on Ravenswood and Greenlawn Avenues. If no building permit has been issued and no construction commenced within three years from the 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, May 3, 1989. Mr. Jeffrey Parkhill, architect, appeared before the Commission on behalf of the petitioner. Mr. Parkhill stated that the petitioner had held a neighborhood meeting and the project was well received. Mr. Parkhill also stated that the petitioner was making every effort to minimize the visual impact on the neighborhood through architectural detail and careful site design. Mrs. Wolfe of 2929 Ravenwood Avenue presented a petition opposing the subject rezoning. She cited inadequate utilities and privacy as the reasons for opposition. Mr. Parkhill responed that utilities would be extended to the site and that the City Engineering Department had confirmed the capacity of the utilities in the area. Mr. Tasselli provided mapping confirming the location of existing utilities and the location of the proposed extensions. He reconfirmed the adequacy of the utilities and recommended approval of the rezoning. Issues Zoninq is presently RS-3. Zoning to north and west is RS-3. RM-2 occurs to the south along Epperly Avenue, N.W.. C-2 adjoins the subject site to the east. Land use is presently undeveloped residential. Adjoining land uses are a mixture of single family residential to the north and west, institutional to the south (Trinity Lutheran Church) and commercial to the east. ~ti~lties can be provided to the site. Access to the recently updated storm sewer system is available in the Epperly Road right-of-way. The sanitary sewer capacity is available, and by the execution of a water main extension agreement, adequate water service can be provided. T~raf~ is expected to be minimal. The development is projected to generate approximately 84 trips per day. The nearby intersection at Williamson Road is signalized which further helps to reduce the traffic impact. Neighborhood organization, Williamson Road Action Forum, has been advised of the rezoning and participated in a meeting with the owner and architect on April 24, 1989. Adjoining property owner has contacted the Planning Office in support of the proposed development. III. F. Comprehensive Plan recommends that neighborhood character and environmental quality should be protected and cha~ges in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Alternatives: ~ approve the rezoning request. 1. ~onin~ would become RM-2 conditional. Site is developed in compliance with proffered site plan. Land use becomes multi-family but provides a good transition from commercial and institutional to single family residential. Utilities can be adequately provided. Traffic is not an issue. Increased traffic volume is minimal. ~ character is protected and a vacant lot is redeveloped. An opportunity for neighborhood input was provided. 6. ~omprehensive Plan would be followed. tV. B. ~ deny the rezoning request. 1. Zoninq remains RS-3. 2. Land use remains unchanged. 3. Utilities are unaffected. 4. Traffic is not an issue. 5. Ne_~_~hborhood remains stable. 6. Comprehensive Plan could be followed. Recommendation: By a vote of 4-0 (Messrs. Bradshaw and Price and Mrs. Goode absent), the Comimssion voted to approve requested rezoning. The proposed rezoning provides a good transition between commercial use to single family use. It also addresses the need to provide a variety of housing choices in an existing neighborhood and encourages appropriate infill development that is sensitive to the existing neighborhood environment. .... ~espectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Co~mission JRM:mpf attachments cc: Assistant City Manager Director of Public Works City Engineer Building Commissioner Attorney for the petitioner Roanoke City Planmng Commission May 3, 1989 Mr. Michael M. Waldvogel, Chairman and Members of the Planning Commission Roanoke, Virginia Dear Members of the Commission: Subject: Request from John D. Fralin, represented by D. Jeffrey Parkhill, architect, that a tract of land containing 0.81 acres, more or less, located in the 2900 block of Epperly Avenue, N.W., and identified as Official Tax Nos. 2160612,2160613 and 2160614 be rezoned from RS-3 to RM-2. ' Back~round: Purpose of the rezoning reql~est is to permit the construction of multi-family dwelling. Previous petition to rezon~ to RG~i zoning designation was denied in February, 1982, by City Council. At that time inadequate sanitary sewer capacity and lack of Storm sewers were cited as reasons for denial. Current petition to rezone was filed on April 14, 1989. Proffered conditions are as follows: That the property will be developed in substantial compliance with the site plan prepared by Hughes Associates Architects, dated April 12, 1989. A copy of which is attached to the petition, subject to any changes required by the City during site plan review. If no building permit has been issued and no construction commenced within three years from the date of final zoning approval, the zoning shall revert to RS-3 without further action by City Council. Roo,-n 355 Mun,clpal Building 215 Church Avenue S W Roanoke Virginia 24011 (703) 981-2344 II. III. Issues: ae ~oninq is presently RS-3. Zoning to north and west is RS-3. RM-2 occurs to the south along Epperly Avenue, N.W.. C-2 adjoins the subject site to the east. Land use is presently undeveloped residential. Adjoining land uses are a mixture of single family residential to the north and west, institutional to the south (Trinity Lutheran Church) and commercial to the east. Utilities can be provided to the site. Access to the recently updated storm sewer system is available in the Epperly Road right-of-way. The sanitary sewer capacity is available, and by the execution of a water main extension agreement, adequate water service can be provided. Traffic im~ is expected to be minimal. The development is projected to generate approximately 84 trips per day. The nearby intersection at Williamson Road is signalized which further helps to reduce the traffic impact. Neighborhood organization, Williamson Road Action Forum, has been advised of the rezoning and participated in a meeting with the owner and architect on April 24, 1989. Adjoining property owner has contacted the Planning Office in support of the proposed development. F. Comprehensive Plan recommends that neighborhood character and environmental quality should be protected and changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Alternative~: ae Planning Commission recommends approval of the rezoning request. ~oning would become RM-2 conditional. Site is developed in compliance with proffered site plan. Land use becomes multi-family but provides a good transition from commercial and institutional to single family residential. Utilities can be adequately provided. Traffic is not an issue. Increased traffic volume is minimal. Neighborhood character is protected and a vacant lot is redeveloped. An opportunity for neighborhood input was provided. Be 6. Comprehensive Plan would be followed. Planning Con~]~sion recommend denial of the rezoning request. 1. Zoning remains RS-3. IV. 3. 4. 5. 6. Land use remains unchanged. Utilities are unaffected. Traffic is not an issue. Neighborhood remains stable. Comprehensive Plan could be followed. Recommendation: The staff recommends approval of the requested rezoning. The proposed rezoning provides a good transition between commercial use to single family use. It also addresses the need to provide a variety of housing choices in an existing neighborhood and encourages appropriate infill development that is sensitive to the existing neighborhood environment. Respectfully submitted, · Marlles, Agent City Planning Commission JRM:mpf attachments cc: Assistant City Manager Director of Public Works City Engineer Building Commissioner Attorney for the petitioner 241112 July 5, 1989 Mr. J.D. Fralin 2518 Williamson Road, N.W. Roanoke, Virginia 24012 Re: Use of Existing Parking Area 4206 Williamson Road Dear Mr. Fralin: As lessee of the E1 Rodeo Restaurant, we have no objection to your using twelve (12) parking spaces at the rear of our existing parking area for overflow parking associated with your proposed apartment development adjacent to our premises. We understand you would be using the spaces from 9PM to 9AM, if needed. Sincerely, J. J. FRALIN (1'~02 - 1975) U. H. (703) 366-7629 FRALIN & SON GENERAL CONTRACTORS 2518 WlLLIAMSON ROAD P. O. BOX 5037 ROANOKE, VIRGINIA 24012 July 5, 1989 Mr. Rigoberto Lopez E1 Rodeo Restaurant 4206 Williamson Road Roanoke, Virginia 24012 Dear Mr. Lopez: It has come to my attention that a problem with rats in the neighborhood may be a result of the dumpster on your site. Please give your utmost attention to keeping the dumpster covered at all times as well as insuring that grease disposed is in containers. I appreciate your continued cooperation in this matter. ~D;~:m~ ' Fralin 2921 EPPERLEY AVENUE, N. W. ROANOKE, VIRGINIA 24012 July 3, 1989 THE REVEREND KENNETH P LANE, JR Office: 366-9481 Home: 977-7124 Mr. John Fralin J. H. Fralin and Son 2518 Williamson Road Roanoke, VA 24012 Dear Mr. Fralin: In response to our telephone conversation this morning, I am writing to state my assessment of the proposed townhouse project to be located across Epperley Avenue from our church. While I am only expressing my personal feel- ings and not any official position of this congregation, I have discussed this project with our church council (our local leadership body) and have the benefit of their reaction as well. We simply do not have sufficient evidence to cause us to oppose the pro- ject. Very likely we shall face some inconveniences, such as reduced parking space on Epperley Avenue, but we do not foresee problems of such magnitude that cause us any great alarm at this time. I hope this response is of some assistance in the present inquiry that is going on. With best regards, I am, Sincerely yours, Kenneth P. Lane, Jr., Pastor KPL/ew COMMONWEALTH o[ VIRQINIA Roanoke City Health Deparlrnent 515 EIGHTH STREET, S.W, P. O. BOX 12926 ROANOKE, VIRGINIA 24029 t. tE/~O~OM DATE: TO: FROM: SUBJECT: THROUGH: June 29, 19S9 John K. Mar!!es, Chief, Community Development, City of Roanoke Herman,. Pate, Sanitarian Mtnager A, Environmental Health Division Rodent Complaints - Wi!!iamson Road Area E. ~arke, Jr., M. D., Health Director Roanoke City Health Department As per your telephone complaints regarding rodent 4206 Wi!]iamson Road, NW. request, we have searched our files concerning any problems in the area of the E1 Rodeo Restaurant, We have had one violation marked for flies in this establishment during a routine inspection made in 1986, but no violations have been marked for the presence of rodents, nor have we received any citizen complaints concerning rodents at or near this establishment. Our files show that Avenue, NW in January of NW in September of we have had one solid waste complaint on Clarendon 1988, and one solid waste complaint on Rich]and Avenue, We have not had any so]id waste or rodent complaints on Ca!!oway Avenue, Cedarhurst Avenue, Epper!y Avenue, Ravenwood Avenue or Greenlawn Avenue within the past two years. If I can be of any further service to you, please call me at this office at 857-7666. HJP:kh INTERDEPARTMENTAL COMMUNICATION TO: FROM: DATE: RE: John Marlles, Planning Department M. Craig Sluss, Water Departmen~ June 5, 1989 Epperly Road Apartment Project John, I received the copy of David Bowers' letter that expressed the concerns of Mr. Tilson and Mrs. Wolfe about the effect the Epperly Road apartment complex would have on their water pressure. They indicated that they already have low water pressure and feel that further development might cause an even greater problem. I have investigated again the pressure situation in that area. We took actual readings at the fire hydrants to verify the pressures indicated on our fire hydrant cards were still correct. Pressure in that area is in the 80 pounds per square inch (psi) plus or minus 5 psi range. The BOCA building code requires the consumer to install a pressure reducing valve if the water main pressure at the service is greater than 80 psi. The water lines in the area are adequate~for the development since the majority of these 6-inch, 8-inch and 12-inch water lines were laid in 1953 following the 1949 annexation and the 1951 purchase of the Williamson Road Water Company. Any apparent low pressure problem that the consumers are experiencing in the area would have to be caused by old, ~orroded, inadequate galvanized consumer service lines and interior plumbing. I discussed with Mr. Tilson by telephone his concern and found out that his house is still served by a split service. A split service is where there is only one city service line from the main over to the meter box with a "Y" branch at the box to serve two separate meters. The Water Department has separated most of these split services so that each consumer has a separate city service line from the main to their meter. Mr. Tilson was very knowledgeable in this regard since he worked for Aaron Conner Construction Company for years laying these water lines in the Wiiliamson Road area. The Utility Lines Services Department has an order to unsplit this service so each consumer will have separate consumer service lines. This may alleviate part of Mr. Tilson's problem but not all of it as he still has a galvanized consumer line. In sur~m~ary, the apartment development should not have any effect on the pressure and the water mains of the City of Roanoke Water Department in that area as the size of the water mains are adequate and the pre~sure is close to the maximum without pressure reducing valves. If you have any questions, please feel free to contact me. MCS:je May 1, 1989 This Petition is to state we as concerned citizens and homeowners of this community are against Mr. J.H..FralinC~o~ building any apartment complexes on Epperley ~.~ NAME ADDRESS PHONE NO. Hay 1, 1989 This Petition is to state we as concerned citizens and homeowners of this community are against Hr. ~.H~ FralinC~o~ building any apartment complexes on Epperle¥~E O~ HONE NO. ~a~ 1~ ~989 This Petition is to state we as concerned citizens and homeowners of this community are against Mr. J.H. FralinC~O~ building any apartment complexes on WILBURN C. DIBLING, JR. CITY OF ROANOKE OFFICE OF THE CITY ATtORNEy 464 MUNIC/PAL ~U~LDIN~ ROANOKE, V~RGINIA 24011-1595 June 12, 1989 WlUJAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI The Honorable Mayor and Members of City Council Roanoke, Virginia Dear Mrs. Re: Request of D. Jeffrey Parkhill, Architect, representing John D. Fralin - rezoning of 3 lots in 2900 block of Epperly Avenue, Bowles and Gentlemen: This is in regard to the request of D. Jeffrey Parkhill, Architect, representing John D. Fralin, that a tract contain- ing three lots on Epperly Avenue, N. W., be rezoned from RS-3, Residential 8ingle Family District to RU-2 Residential Multi~ family, Medium Density District. Petitions have been filed with the City by individuals opposed to the rezoning. This raises the issue of whether there are sufficient signatures on these petitions to invoke the provisions of Section 62(5) of the Roanoke City Charter which provides with reference to amendments to the City's Zoning Map, in pertinent part, as follows: "Such reg~lations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change signed by the owners of twenty per centum or more either of the area of the lots included in each proposed change, or of those immediately adjacent in the rear thereof, or of those directly opposite thereto, such amendment shall not become effec- tive except by the favorable vote of five-sevenths of all the members of the Council." In reviewing the official tax maps of the City, it appears that there are thirteen lots which can fairly be said to be immediately adjacent or directly opposite to the property to be rezoned. According to tax records these lots and their owners are: HOnorable Mayor and Members of City Council June 12, 1989 Property Owners Trustees of Trinity Evangelical Lutheran Church of Roanoke 2921Epperly Avenue, N. W. Roanoke, Virginia 24012 Maggie G. White 4201Greenlawn Avenue, N. W. Roanoke, Virginia 24012 Wilfred C. and Irma E. Nash 4111Greenlaw Avenue, N. W. Roanoke, Virginia 24012 Evelyn L. Rurcum 4107 Greenlawn Avenue, N. Roanoke, Virginia 24012 Linda Fays Whitenack 4103 Greenlawn Avenue, N. Roanoke, Virginia 24012 Graham S. Garland 2913 Ravenwood Avenue, N. Roanoke, Virginia 24012 Ruby F. Woods 2917 Ravenwood Avenue, N. Roanoke, Virginia 24012 Yvonne Rhudy 2921Ravenwood Avenue, N. W. Roanoke, Virginia 24012 Hazel B. Jones 2915 Ravenwood Avenue, N. Roanoke, Virginia 24012 Michael W. and Daphalene L. Wolfe 2929 Ravenwood Avenue, N. W. Roanoke, Virginia 24012 James David and Loretta M. Fralin 7539 North Brook Drive, N. W. Roanoke, Virginia 24019 Page 2 O~fficlal Tax Nos. 2161001 2161025 2161013 2160603 2160604 2160605 2160606 2160607 2160608 2160609 2160610 2160611 2180621 Honorable Mayor and Members of City Council June 12, 1989 Page 3 Of these property owners, Hazel B. Jones and Linda Fays Whitenack have signed the petition. Thus, owners of two of the adjoining thirteen lots appear to have lodged a valid protest. Among other signatures on the petition, there appear the following: "Mr. and Mrs. Mike Wolfe" (Official Tax No. 2160611); "Mr. and Mrs. G. 8. Garland" (Official Tax No. 2160607); and "Mr. and Mrs. Robert H. Woods" (Offi- cial Tax No. 2160608). The record owners of Official Tax No. 2160611 are Michael W. and Daphalene L. Wolfe; the record owner of Official Tax No. 2160607 is Graham $. Garland; and the record owner of Official Tax No. 2160608 is Ruby F. Woods. On several previous occasions, I have opined that in order for a property to be properly counted toward the number needed to invoke the provisions of $62(5), tures of both co-owners of ...... , __ th~ signs- owner si~nin~ a ,~4~4-- - ' ~e~ are necessary. One co- ._ _ -==To - ~ .... ~v~ ~or n~mself and on his own behalf · ~ hOE suz~xcient to be counted toward the number needed to invoke $62(5). Under these circumstances, I believe that the provisions of f62(5) have not been met in order to invoke the five-sevenths voting requirement. I would be pleased to respond to any questions that the members of Council ~ay have with regard to this ~atter. With kindest personal regards, I am WCDJr:SJT:ff Sincerely yours, City Attorney cc: Jeffrey D. Parkhill, Hughes Associates, Architects ~.Robert Herbert, City ~anager ~ohn ~. Marllee, Chief, Co~unity Planning Mary F. Parker, City Clerk CIT ROA LOCATION ._ ~o~o~ '~. DELRAY ST. III Office o~ the City Cler~ August 7, 1989 File #51 Mr. D. Jeffrey Parkhill Hughes Associates Architects P. O. Box 1034 Roanoke, Virginia 24005 Dear Mr. Parkhill: Pursuant to my cor~nunication under date of August 3, 1989, I am enclosing copy of an Ordinance, which was prepared by the City Attorney's Office, in connection with the request of Mr. John D. Fralin, that a tract of land containing 0.81 acre, more or less, located in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots 19 21, respectively, Official Tax Nos. 2160612 - 2160614, being one lot behind Williamson Road, N. W., be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioner. The above- described Ordinance will be considered by the Council at a regu- lar meeting to be held on Monday, June 12, 1989, at 7:30 p.m., 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 941-2431. Sincerely, Mary F. Parker, CMC City Clerk MFP:ra PUBLICIOA Enc. Room 456 Municipal Building 215 C~hurch A',..~.nue. SW. I~)anoke. Virc.:j~nia 24~11 (703) 98~1-2541 C~rflce of the City Cler~ August 3, 1989 File #$1 Mr. D. Jeffrey Parkhill Hughes Associates Architects P. O. Box 1034 Roanoke, Virginia 24005 Dear Mr. Parkhill: 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 Mr. John D. Fralin that a tract of land containing 0.81 acre, more or less, located in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots 19 - 21, respectively, Official Tax Nos. 2160612 - 2160614, being one lot behind Williamson Road, N. W., be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain condition8 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 6, 1951, a public hearing on the abovedescribed request has been set for Monday, June 12, 1989, at 7:30 p.m., or as soon thereafter as the matter may be heard, 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 Mr. John R. Marlles, Chief of Co,,~tunity Planning, at 981-2344. Sincerely, Mary F.~arker, CMC City Clerk MFP:ra PUBLICIO Enco Room 456 Municipal Building 2t 5 C~ur~ A~U~'r Si. R~no~, ~rcj~nia 24~11 (703) 981-2541 Mr. D. Jeffrey Parkhill August 3, 1989 Page 2 pc~ Trustees of Trinity Evangelical Lutheran Church of Roanoke~ 2921Epperly Avenue, N. W., Roanoke~ Virginia 24012 Ms. Maggie G. White~ 4201 Greenlawn Avenue, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Winfred C. Nash, 4111 Greenlawn Avenue, N. Roanoke, Virginia 24012 Ms. Evelyn L. Burcum~ 4107 Greenlawn Avenue~ N. W., Roanoke, Virginia 24012 Ms. Linda F. Whitenack~ 4103 Greenlawn Avenue~ N. W.~ Roanoke, Virginia 24012 Mr. Graham S. Garland~ 2913 Ravenwood Avenue, N. W.~ Roanoke, Virginia 24012 Ms. Ruby F. Woods, 2917 Ravenwood Avenue~ N. W.~ Roanoke, Virginia 24012 Ms. Yvonne Rhudy~ 2921 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Ms. Hazel B. Jones, 2925 Ravenwood Avenue~ N. W., Roanoke~ Virginia 24012 Mr. & Mrs. Michael W. Wolfe~ 2929 Ravenwood Avenue, N. Roanoke, Virginia 24012 Mr. & Mrs. James D. Fralin~ 7539 North Brook Drive~ N. Roanoke~ Virginia 24019 Mr. Wayne G. Strickland~ Executive Director~ Fifth Planning District Corr~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 Commissioner and Zoning Administrator Mr. John R. Marlles~ Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation PU c~L I ~,hEd-. ' S Ff:c ~.c~. bo LIlY CLc_KKS OFFICE ROOM ~50 r~GNICIP~L ~GANuKb V~ 2~011 STATE OF VIRGINIA Lily L;F KL)ANOKc AFEIOAVI¥ ~r PUmLICATiON 1, (THC UNDERSIgNeD) AN AUTHURIZED KcPKEScNTATIVE GF FHE TIMES-~ORLO CGK- D~ILY NEN~PAPc~t PdbLISHEu li~ ROANOKE, 1H~ STA[~ OF V~NiA, O~ CcRFI~Y THAT lmb ~i~NEXE~ NOTICE mAS POoLISHED IN SAID K~SPAPERS 5N Th~ FCLLO~IN~ DATES ~,iTN~SS~ .~ 7Tm DAY dH Abk, USl 1969 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 14, 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 RM-2, Residential Multifamily, Medium Density District, the following property: A tract of land lying in the 2900 block of Epperly Avenue, N. W., being Lots 19, 20 and 21, of Epperly Court, consisting of .8 acre, and bearing Official Tax Nos. 2160612, 2160613 and 2160614. 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 4§6, 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 26th day of July , 1989 Mary F. Please publish in full twice, once on Friday, July 28, 1989, and once on Friday, August 4, 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 Parker, City Clerk Office of ~he City June 14, 1989 File #51 Mr. Michael hi. Waldvogel Chairman City Planning Commission Roanoke, Virginia Dear Mr. Waldvogel: A public hearing on the request of Mr. John D. Fralin, repre- sented by Mr. D. Jeffrey Parkhill, that a tract of land con- taining 0.81 acre, more or less, located in the 2900 block of Epperly Avenue, N. W., identified as Block 1, Lots 19 21, respectively, Official Tax Nos. 2160612 2160614, being one lot behind Williamson Road, N. W., be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioner, was held by the Council of the City of Roanoke at a regular meeting held on Monday, June 12, 1989. Ms. Linda F. Whitenack, 4103 Greenlawn Avenue, N. W., appeared before Council and called attention to a petition signed by approximately forty-three persons in opposition to the proposed rezoning, which petition was filed with the ' City Planning Commission at the public hearing on Wednesday, June 7, 1989. She alluded to problems with water pressure, sewer problems, rats from a dumpster at a restaurant located at 4206 Williamson Road, N. W., which problem would be compounded if another dUmpster is placed in the area of the townhouses; loss of privacy for resi- dents on Ravenwood Avenue, inasmuch as the townhouses are pro- posed to be two stories in height, and inadequate parking. Council Member Bowers made the observation that in looking at the proposed site plan, townhouse number fourteen appears to be on the property line. On motion, duly seconded and unanimously adopted, the matter was referred back to the City Planning Corr~nission for a full report addressing the abovestated concerns as well as the petition in opposition to the request for rezoning. Sincerely, [ ? Mar~ F. Parker, CMC City Clerk Room 456 /v~Jnicipal Building 215 C'Jhut'ch Avenue S W R4:)anoke Virg~nia 240"J 1 (703) 981-2541 Mr. Michael M. Page 2 June 14, 1989 W~ldvogel pc: Mr. D. Jeffrey Parkhill, Hughes Associates Architects, P. 0. Box 1034~ Roanoke, Virginia 24005 Trustees of Trinity Evangelical Lutheran Church of Roanoke 2921Epperly Avenue, No W., Roanoke, Virginia 24012 Ms. Maggie G. White, 4201 Greenlawn Avenue, N. W., Roanoke Virginia 24012 Mr. & Mrs. Winfred C. Nash, 4111 Greenlawn Avenue, No W. Roanoke, Virginia 24012 Ms. Evelyn L. Burcum, 4107 Greenlawn Avenue, N. W., Roanoke Virginia 24012 Ms. Linda F. Whitenack, 4103 Greenlawn Avenue, N. W. Roanoke, Virginia 24012 Mr. Graham So Garland, 2913 Ravenwood Avenue, N. W., Roanoke Virginia 24012 Ms. Ruby F. Woods, 2917 Ravenwood Roanoke Virginia 24012 Ms. Yvonne Rhudy~ 2921 Ravenwood Roanoke Virginia 24012 Ms. Hazel B. Jones, 2925 Ravenwood Roanoke Virginia 24012 Mr. & Mrs. Michael W. Wolfe, 2929 Avenue, N. W. Roanoke, Virginia 24012 Mr. & Mrs. James D. Fralin, 7539 North Brook Drive, Roanoke Virginia 24019 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Commission, P. 0. ~ox 2569, Roanoke, Virginia 24010 Avenue, N. W., Avenue, N. W., Avenue, N. W., Ravenwood Mr. W. Robert lterbert, City ~anager 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. 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 Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Cor~nission Ms. Doris Layne, Office of Real Estate Valuation '89 )4? o/ ~ .... '~ Roanoke Ci~' Planning Commission June 12, 1989 The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Dear Members of Council: Subject: Request from John D. Fralin, represented by D. Jeffrey Parkhill, architect, that a tract of land containing 0.81 acres, more or less, located in the 2900 block of Epperly Avenue, N.W., and identified as Official Tax Nos. 2160612,2160613 and 2160614, be rezoned from RS-3 to RM-2. Background: Purpose of the rezoning request is to permit the construction of multi-family dwelling. Previous petition to rezone to RG-1 zoning designation was denied in February, 1982, by City Council. At that time inadequate sanitary sewer capacity and lack cf storm sewers were cited as reasons for denial. Petition to rezone was filed on April 14, 1989· De Amended petition to rezone was filed on May 8, 1989. Proffered conditions are as follows: That the property will be developed in substantial compliance with the site plan prepared by Hughes Associate Architects, Roanoke, Virginia, dated April 12, 1989, a copy of which is attached to the Petition for Rezoning as Exhibit B, subject to any changes required by City during site plan review. Room 355 Municipal Building 215 Church Avenue. S ",M I~)anoke. Virginia 24.011 (703) 981 234~. II. A six foot tall solid privacy fence will be installed on the property line adjacent to property located on Ravenswood and Greenlawn Avenues. e If no building permit has been issued and no construction commenced within three years from the date of final zoning approval, the zoning shall revert to RS-3 without further action by City Council. Plannin9 Commission public hearing was held on Wednesday, May 3, 1989. Mr. Jeffrey Parkhill, architect, appeared before the Commission on behalf of the petitioner. Mr. Parkhill stated that the petitioner had held a neighborhood meeting and the project was well received. Mr. Parkhill also stated that the petitioner was making every effort to minimize the visual impact on the neighborhood through architectural detail and careful site design. Mrs. Wolfe of 2929 Ravenwood Avenue presented a petition opposing the subject rezoning. She cited inadequate utilities and privacy as the reasons for opposition. Mr. Parkhill responed that utilities would be extended to the site and that the City Engineering Department had confirmed the capacity of the utilities in the area. Mr. Tasselli provided mapping confirming the location of existing utilities and the location of the proposed extensions. He reconfirmed the adequacy of the utilities and recommended approval of the rezoning. Issues: Zonin9 is presently RS-3. Zoning to north and west is RS-3. RM-2 occurs to the south along Epperly Avenue, N.W.. C-2 adjoins the subject site to the east. Land use is presently undeveloped residential. Adjoining land uses are a mixture of single family residential to the north and west, institutional to the south (Trinity Lutheran Church) and commercial to the east. III. Utilities can be provided to the site. Access to the recently updated storm sewer system is available in the Epperly Road right-of-way. The sanitary sewer capacity is available, and by the execution of a water main extension agreement, adequate water service can be provided. Traffic impact is expected to be minimal. The development is projected to generate approximately 84 trips per day. The nearby intersection at Williamson Road is signalized which further helps to reduce the traffic impact. Neighborhood organization, Williamson Road Action Forum, has been advised of the rezoning and participated in a meeting with the owner and architect on April 24, 1989. Adjoining property owner has contacted the Planning Office in support of the proposed development. Comprehensive Plan recommends that neighborhood character and environmental quality should be protected and changes in land use in or near residential areas should be carefully evaluated and designed to conserve and enhance neighborhood quality. Alternatives: A. City Council approve the rezoning request. Zonin9 would become RM-2 conditional. Site is developed in compliance with proffered site plan. e Land use becomes multi-family but provides a good transition from commercial and institutional to single family residential. 3. Utilities can be adequately provided. Traffic is not an issue. Increased traffic volume is minimal. Neighborhood character is protected and a vacant lot is redeveloped. An opportunity for neighborhood input was provided. 6. Comprehensive Plan would be followed. IV. B. City Council deny the rezoning request. 1 Zoning remains RS-3. 2 Land use remains unchanged. 3 Utilities are unaffected. 4 Traffic is not an issue. 5 Neighborhood remains stable. 6 Comprehensive Plan could be followed. Recommendation: By a vote of 4-0 (Messrs. Bradshaw and Price and Mrs. Goode absent), the Comimssion voted to approve requested rezoning. The proposed rezoning provides a good transition between commercial use to single family use. It also addresses the need to provide a variety of housing choices in an existing neighborhood and encourages appropriate infill development that is sensitive to the existing neighborhood environment. ._.~spectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Manager Director of Public Works City Engineer Building Commissioner Attorney for the petitioner Office of the City Cie,~ Hay 8, 1989 Mr. Michael M. Waldvogel Chairman City Planning Co,,,iission Roanoke, Virginia Dear Mr. Watdvogel: 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. D. Jeffrey Parkhill, Architect, representing Mr. John D. Fralin, requesting that a tract of land lying in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots 19 - 21, respectively, identified as Official Tax Nos. 2160612 - 2160614, being one lot behind Wiiliam$on Road, N. W., be rezoned from RS-3, Residential Single Family District, to RAI-2, Residential Multi-Family District, subject to certain conditions proffered by the petitioner. Sincerely, ;/~ Mary F. Parker, CMC City Clerk MFP:ra REZONEIO EnCo pc: Mr. D. Jeffrey Parkhillo Hughes Associates Architects, Box 1034, Roanoke, Virginia 24005 ~t~. John R. Marlles, Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Po Oo Room 456 Munici~al Buildtn~ 215 C~urch Avenue, $.W. R4:x:lno~e, Virginia 240t I (703) 981-2541 WILBURN C. DIBLING, JR. CITY OFROANOKE OFFICE'OF THE CITY A'I'rORNEY · 464 ~NI~IPAL ,BUILDING June 12, 1989 WILLIAM X PARSONS MARK ALLAN WILLIAMS KATHERINE HOWE JONES STEVEN J. TALEVI The Honorable Mayor and Members of City Council Roanoke, Virginia Re: Request of D. Jeffrey Parkhill, Architect, representing John D. Fralin - rezoning of lots in 2900 block of Epperly Avenue, N.W. Dear Mrs. Bowles and Gentlemen: This is in regard to the request of D. Jeffrey Parkhill, Architect, representing John D. Fralin, that a tract contain- ing three lots on Epperly Avenue, N. W., be rezoned from RS-3, Residential Single Family District to RM-2 Residential Multi- family, Medium Density District. Petitions have been filed with the City by individuals opposed to the rezoning. This raises the issue of whether there are sufficient signatures on these petitions to invoke the provisions of Section 62(5) of the Roanoke City Charter which provides with reference to amendments to the City's Zoning Map, in pertinent part, as follows: "Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified or repealed. In case, however, of a protest against such change signed by the owners of twenty per centum or more either of the area of the lots included in each proposed change, or of those immediately adjacent in the rear thereof, or of those directly opposite thereto, such amendment shall not become effec- tive except by the favorable vote of five-sevenths of all the members of the Council." In reviewing the official tax maps of the City, it appears that there are thirteen lots which can fairly be said to be immediately adjacent or directly opposite to the property to be rezoned. According to tax records these lots and their owners are: Honorable Mayor and Members of City Council June 12, 1989 Property Owners Trustees of Trinity Evangelical Lutheran Church of Roanoke 2921Epperly Avenue, N. W. Roanoke, Virginia 24012 Maggie G. White 4201Greenlawn Avenue, N. W. Roanoke, Virginia 24012 Wilfred C. and Irma E. Nash 4111Greenlaw Avenue, N. W. Roanoke, Virginia 24012 Evelyn L. Burcum 4107 Greenlawn Avenue, N. Roanoke, Virginia 24012 Linda Faye Whitenack 4103 Greenlawn Avenue, N. W. Roanoke, Virginia 24012 Graham S. Garland 2913 Ravenwood Avenue, N. Roanoke, Virginia 24012 Ruby F. Woods 2917 Ravenwood Avenue, N. Roanoke, Virginia 24012 Yvonne Rhudy 2921Ravenwood Avenue, N. Roanoke, Virginia 24012 Hazel B. Jones 2915 Ravenwood Avenue, N. Roanoke, Virginia 24012 Michael W. and Daphalene L. Wolfe 2929 Ravenwood Avenue, N. W. Roanoke, Virginia 24012 James David and Loretta M. Fralin 7539 North Brook Drive, N. W. Roanoke, Virginia 24019 Page 2 Official Tax Nos. 2161001 2161025 2161013 2160603 2160604 2160605 2160606 2160607 2160608 2160609 3160610 2160611 2160621 Honorable Mayor and Members of City Council June 12, 1989 Page 3 Of these property owners, Hazel B. Jones and Linda Faye Whitenack have signed the petition. Thus, owners of two of the adjoining thirteen lots appear to have lodged a valld protest. Among other signatures on the petition, there appear the following: "Mr. and Mrs. Mike Wolfe" (Official Tax No. 2160611); "Mr. and Mrs. G. S. Garland" (Official Tax No. 2160607); and "Mr. and Mrs. Robert H. Woods" (Offi- cial Tax No. 2160608). The record owners of Official Tax No. 2160611 are Michael W. and Daphalene L. Wolfe; the record owner of Official Tax No. 2160607 is Graham S. Garland; and the record owner of Official Tax No. 2160608 is Ruby F. Woods. On several previous occasions, I have opined that in order for a property to be properly counted toward the number needed to invoke the provisions of $62(5), the signa- tures of both co-owners of a parcel are necessary. One co- owner signing a petition for himself and on his own behalf is not sufficient to be counted toward the number needed to invoke $62(5). Under these circumstances, I believe that the provisions of $62(5) have not been met in order to invoke the five-sevenths voting requirement. I would be pleased to respond to any questions that the members of Council may have with regard to this matter. With kindest personal regards, I am WCDJr:SJT:ff Sincerely yours, City Attorney CC: Jeffrey D. Parkhill, Hughes Associates, Architects W. Robert Herbert, City Manager John R. Marlles, Chief, Community Planning Mary F. Parker, City Clerk Office of ~he City Clerk May 25, 1989 File #51 Mr. D. Jeffrey Parkhill Hughes Associates Architects P. 0. Box 1034 Roanoke, Virginia 24005 Dear Mr. Parkhill: I am enclosing copy of a report of the City Planning Corrv~ission recor~aending that the Council of the City of Roanoke grant the request of Mr. John D. Fralin, that a tract of land containing 0.81 acre, more or less, located in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots 19 - 21, respectively, Official Tax Nos. 2160612 - 2160614, being one lot behind Williamson Road, N. W., be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density 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 6, 1981, a public hearing on the abovedescribed request has been set for Monday, June 12, 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 and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. (The Ordinance will be forwarded to you under separate cover.) Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Corr~aission report should be directed to Mr. John R. Marlles, Chief of Corr~nunity Planning, at 981-2344. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra PUBLIC 10 Room 456 Municipal Building 215 Church Avenue SW ROanc:,~'r V~rg,nia 24011 (703) 981-2541 Mr. D. Jeffrey Parkhill May 25, 1989 Page 2 Trustees of Trinity Evangelical Lutheran Church of Roanoke, 2921Epperly Avenue, N. W., Roanoke, Virginia 24012 Ms. Maggie G. White, 4201 Greenlawn Avenue, No W., Roanoke, Virginia 24012 Mr. & Mrs. Winfred C. Nash, 4111 Greenlawn Avenue, N. W., Roanoke, Virginia 24012 Ms. Evelyn L. Burcum, 4107 Gre~nlawn Avenue, N. W., Roanoke, Virginia 24012 Ms. Linda F. Whitenack, 4103 Greenlawn Avenue, N. Roanoke, Virginia 24012 Mr. Graham S. Garland, 2913 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Ms. Ruby F. Woods, 2917 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Ms. Yvonne Rhudy, 2921 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Ms. Hazel B. Jones, 2925 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Mr. & Mrs. Michael W. Wolfe, 2929 Ravenwood Avenue, N. W., Roanoke, Virginia 24012 Mr. & Mrs. James D. Fralin, 7539 North Brook Drive, Roanoke, Virginia 24019 Mr. Wayne ~. Strickland, Executive Director, Fifth Planning District Corr~ission, P. O. 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 Co~issioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission Ms. Doris Layne, Office of Real Estate Valuation C~ce of the Cir-/Cier~ June 7, 1989 File #51 Mr. D. Jeffrey ParkhiII Hughes Associates Architects P. 0. Box 1034 Roanoke, Virginia 24005 Dear Mr. ParkhiII: Pursuant to rrry cor~aunication under date of May 25, 1989, I am enclosing copy of an Ordinance, which was prepared by the City Attorney's Office, in connection with the request of Mr. John D. Fralin, that a tract of land containing 0.81 acre, more or less, located in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots 19 21, respectively, Official Tax Nos. 2160612 - 2160614, being one lot behind WiIIiamson Road, N. W., be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family, Medium Density District, subject to certain conditions proffered by the petitioner. The above described Ordinance will be considered by the Council at a regu- lar meeting to be held on Monday, June 12, 1989, at 7:30 p.m., 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 PUBLICIOA Enc. Sincerely, / I Mary F. Parker, CMC City Clerk Room 456 Municipol Buildin(j 2t5 Church Avenue SW Roanoke ~1rg~nia 2401t (703) 981-2541 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1, Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, June 12, 1989, at 7:30 p.m., in the Council Chamber in the Municipal Building, 215 Church Avenue, S. W., on the question of rezonlng from RS-3, Residential Single-family District, to RM-2, Residential Multifamily, Medium Density District, the following property: A tract of land lying in the 2900 block of Epperly Avenue, N. W., being Lots 19, 20 and 21, of Epperly Court, consisting of .8 acre, and bearing Official Tax NOS. 2160612, 2160613 and 2160614. A copy of this proposal is available for public inspection in the Office of the City Clerk, Room 456, Municipal Building. All parties in interest may appear on the above date and be heard on the question. GIVEN under my hand this 24th day of May 19 89 Mary F. Parker, City Clerk Please publish in full twice, once on Friday~ May 26, 1989, and once on Friday, June 2, 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, VA 24011 A,~ NUMBER - 52517783 PUBLISHER'S FEE - CIIY GF ROANOKE C/O MARY F PARKER CITY CLERKS OFFICE ROOM 456 MUNICIPAL ROANOKE VA 2~OI1 STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATION I, (THE UNDERSIGNmD) AN AUTHORIZED REPRESENTATIVE CF THE TIMES-WORLD COR- PORATION, ~HICH CORPORATION iS PUBLISHER OF THE ROANOKE TIMES & ~GRLD-NEWSt A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN TH~ STATE OF VIRGINIA~ DC CERTIFY THAT THE ANNEXED NOTICE WAS PUBLISHED IN SAID NEWSPAPERS ON THE FOLLOWING DATES 0~/20/89 MORNING 06/02/89 MORNING wITNESS, THIS 5TH DAY OF JUNE 1989 .... Office of the City Cie,'k ~iay 8, 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. D. Jeffrey Parkhill~ Architect~ representing Mr. John D. Fralin, requesting that a tract of land lying in the 2900 block of Epperly Avenue, N. W.~ described as Block 1, Lots 19 - 21, respectively, identified as Official Tax Nos. 2160612 - 2160614, being one lot behind Williamson Road, N. W., be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family District, subject to certain conditions proffered by the petitioner. Sincerely, Mary F. Parker, City Clerk MFP:ra REZONEiO Enc. pc: Mr. D. Jeffrey Parkhill~ Hughes Associates Architects, Box 1034, Roanoke~ Virginia 24005 Mc. John R. Ma,lles~ Agent/Secretary, City Planning Commission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Po O. Room 456 Municipal Buildincj 2t5 Church Avenue SW Roanoke. ~rg~nici 24~11 (703) 981-2541 Office of the City Cle,t~ April 12, 1989 Mr. Michael M. Waldvogel 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 Mr. D. Jeffrey Parkhill, Architect, representing Mr. John D. Fralin, requesting that a tract of land lying in the 2900 block of Epperly Avenue, N. W., described as Block 1, Lots 19 21, respectively, identified as Official Tax Nos. 2160612 - 2160614, being one lot behind Williamson Road, N. W., be rezoned from RS-3, Residential Single Family District, to RM-2, Residential Multi-Family District~ subject to certain conditions proffered by the petitioner. MFP:ra REZONE10 Enco pc; Sincerely, Mary F. Parker, CMC City Clerk ~r. D. Jeffrey Parkhill, Hughes Associates Architects, Box 1034, Roanoke, Virginia 24005 Mr. John R. Marlles, Agent/Secretary, City Planning Cor~ission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney P° 0o Room 456 Municipal Builc~tng 215 O~urch Avenue SW Roanoke ~rg~nia 24011 (703) 981-2541 TO THE CITY CLERK OF THE CITY O~ '~OANOKE, VIRGINIA PERTAINING TO THE REZONING OF: '89 !%~_?2.)r~ ~ 3 ~J~ Request from John D. Fralin, represented by D.) Jeffrey Parkhill, that a tract of land on ) Epperly Avenue, N.W., bearing official tax )AFFIDAVIT nos. 2160612, 2160613 and 2160614, be rezoned ) from RS-3 to RM-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 24th day of April, 1989, notices of a public hearing to be held on the 3rd day of May, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2161001 2161025 2161013 OWNER~ AGENT OR OCCUPANT Trustees of Trinity Evangelical Lutheran Church of Roanoke ADDRESS 2921 Epperly Ave., NW Roanoke, VA 24012 2160603 2160604 2160605 2160606 2160607 2160608 2160609 2160610 2160611 2160621 Maggie G. White Wilfred C. & Irma E. Nash Evelyn L. Burcum Linda Faye Whitenack Graham S. Garland Ruby F. Woods Yvonne Rhudy Hazel B. Jones Michael W. & Daphalene L. Wolfe James D. and Loretta M. Fralin 4201 Greenlawn Avenue.! Roanoke, VA 24012 4111 Greenlawn Avenue/ Roanoke, VA 24012 4107 Greenlawn Avenue~ Roanoke, VA 24012 4103 Greenlawn Avenue Roanoke, VA 24012 2913 Ravenwood Avenue~ Roanoke, VA 24012 2917 Ravenwood Avenue Roanoke VA 24012 2921 Ravenwood Avenue Roanoke, VA 24012 2925 Ravenwood Avenue~ Roanoke, VA 24012 2929 Ravenwood Avenue Roanoke, VA 24012 7539 North Brook Drive Roanoke, VA 24019 Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of April, 1989. Notary Public My Commission Expires: TO THE CITY CLERK OF THE CITY OF ROA~ ~IRG~N~A PERTAINING TO THE REZONING OF: Request from John D. Fralin, represented by D. Jeffry ) Parkhill, that a tract of land on Epperly Avenue, NW )AFFIDAVIT bearing official tax nos. 2160612, 2160613 and 2160614) be rezoned from RS-3 to RM-2, conditional. ) COMMONWEALTH OF VIRGINIA ) ) TO -WI T: 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 June, 1989, notices of a public hearing to be held on the 5th day of July, 1989, on the rezoninq captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2161001 2161025 2161013 2160603 2160604 2160605 2160606 2160607 2160608 2160609 2160610 2160611 2160621 OWNER~ AGENT OR OCCUPANT ADDRESS Trustees of Trinity Evangelical Lutheran Church of Roanoke 2921 Epperly Avenue Roanoke, VA 24012 Maggie G. White Wilfred C. & Irma E. Nash Evelyn L. Burcum Linda Faye Whitenack Graham S. Garland Ruby F. Woods Yvonne Rhudy Hazel B. Jones Michael W. & Daphalene L. Wolfe James D. & Loretta M. Fralin 4201 Greenlawn Avenue Roanoke, VA 24012 4111 Greenlawn Avenue Roanoke, VA 24012 4107 Greenlawn Avenue Roanoke, VA 24012 4103 Greenlawn Avenue Roanoke, VA 24012 2913 Ravenwood Avenue Roanoke, VA 24012 2917 Ravenwood Avenue Roanoke, VA 24012 2921 Ravenwood Avenue Roanoke, VA 24012 2925 Ravenwood Avenue Roanoke, VA 24017 2929 Ravenwood Avenue Roanoke, VA 24017 7539 North Brook Drive Roanoke, VA 24019 Ma~tha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, Roanoke, Virginia, this 26th day of June, 1989. My Commission Expires: in the City of Notary Public ~'~ N~iCE OF PUBLIC HEARING BEFORE THE ROANOKE CITY PLANNING TO WHOM IT ~AY 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 Chanuber, fourth floor, Municipal Building, in order to consider the following: Request from John D. Fralin, represented by D. Jeffry Parkhill, that a tract of land on Epperly Avenue, N.W., bearing official tax nos. 2160612, 2160613 and 2160614, be rezoned from RS-3, Residential Single Family District to P~4-2, Residential Multi-family 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: Mr. D. Jeffry Parkhill Hughes Associates Architects P. O. Box 1034 Roanoke, VA 24005 Please send an affidavit of publication to: Office of Community Planning Room 355, Muncipal Building Roanoke, VA 24011 Office of the City Clerk August 30, 1989 File #51 Mr. Michael K. Smeltzer Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: I am enclosing copy of Ordinance No. 29707-82889 rezoning a tract of land lying at the northwesterly intersection of Shenandoah Avenue and 30th Street, N. W., being 502 - 30th Street, N. W., identified as Official Tax No. 2520114, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District. Ordinance No. 29707-82889 was adopted by the Council of the City of Roanoke on first reading on Monday, August 14, 1989, also adopted by the Council on second reading on Monday, August 28, 1989, and wilt take effect ten days following the date of its second reading. Sincerely, Mary F. Parker, City Clerk MFP:ra Enco po: Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Lightweight Block Company, Inc., P. O. Box 12348, Roanoke, Virginia 24024 Mr. Kenneth S. Bowling, et al, Route 2, Box 333, Radford, Virginia 24141 Mr. Bobby E. Almond, 620 30th Street, N. W., Roanoke, Virginia 24017 Mr. Arthur B. Guilliams, 1827 Westhill Road, Richmond, Virginia 23226 Room456 MunicipalBuilding 215Church Avenue,.$.W. Roanoke, Vi[ginia 24011 (703)981-25J, 1 Mr. Michael K. Smeltzer August 30, 1989 Page 2 pc: Mr. Edgar Mullins, 2921 Shenandoah Avenue, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, District Co~issiono P. O. Box 2569, Roanoke, N. W., Roanoke, Fifth Planning Virginia 24010 Administrator Mr. John R. Marlle$, Agent/Secretary, City Cor~nission Ms. Doris Layne, Office of Real Estate Valuation Planning Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Diblingo Jr., City Attorney Mr. Steven J. Talevi~ Assistant City Attorney Mr. Von W. Moody, III, Director of Real Estate Valuation Mr. Michael M. Waldvogel, Chairman$ City Planning Corr~r~ission 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29707-82889. AN ORDINANCE to amend $36.1-3, Code of the City of Roanoke (1979), as amended, and Sheet No. 252, 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 L~, LiEht Nanufacturing District, to HN, Heavy ~anufacturing District, subject to certain conditions proffered by the applicant; and WHEREAS, the City Planning Commission, which after giving proper the City of hearing on notice to all concerned as required by Roanoke (1979), as amended, and after the matter, has made its recommendation $36.1-693, Code of conducting a public to Council; and WHEREAS, a public hearing was held by City Council on said appli- cation at its meeting on August 14, 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. 252 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 at the northwesterly intersection of Shenandoah Avenue, N. W., and 30th Street, N. W., designated on Sheet No. 252 of the Sectional 1976 Zone Nap, City of Roanoke, as Official Tax No. 2520114 be, and is hereby rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to those conditions proffered by and set forth in the Petition to Rezone filed with the City Clerk on April 7, 1989, the Amended Proffer filed with the City Clerk on May 11, 1989, and the Second Amended Proffer filed with the City Clerk on July 7, 1989, and that Sheet No. 252 of the Zone Map be changed in this respect. ATTEST: City Clerk. Roanoke City Planning Commission August 14, 1989 The Honorable Noel C. Taylor, and Members of City Council Roanoke, Virginia Mayor Dear Members of the Commission: Subject: Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing Official Tax No. 2520114 be rezoned from LM, Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Backqround: Planning Commission held a public hearing on the above-referenced matter on May 3, 1989. Plannin~ Commission recommended approval of the rezoning request by a vote of 3-1. The Commission's recommendation to City Council (attached) noted there was other property in the area zoned HM and that other concerns would be taken care of during site plan review and Board of Zoning Appeals approvals. Plannin~ staff recommended denial of the proposed rezoning (attached) on the grounds that the current LM zoning was appropriate and more compatible with surrounding land uses. Other concerns cited by staff were the potentially adverse impact the proposed use may have on existing and future development in the area and the difficulty of buffering the proposed stripping operation and automobile storage area from adjacent properties. Room 355 Municipal Building 215 Church Avenue, SW Roanoke, Virginia 24011 (703) 981-2344 Members of Page 2 August 14, the City Council 1989 Roanoke Redevelopment and Housing Authority officials and City Economic Development staff expressed concern regarding the impact the proposed use will have on the Shaffers Crossing Community Project and the Lansdowne housing project as well as future development in the area. Second amended petition to rezone was filed on May 15, 1989, proffering the following additional condition: After all useable parts are dismantled from the automobiles, the remaining portions thereof will be moved from the property within five (5) business days. Fo Council public hearin~ was held on June 12, 1989. Council rferred the request back to the Commission for further study, report, and recommendation, with the understanding that the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority would receive a briefing in order to determine the impact on the Lansdowne housing project as a result of the proposed rezoning. Third amended petition was filed on July 6, 1989, proffering the following additional conditions: The front portion of the property adjacent to 30th Street will be landscaped with trees, shrubs and flowers so as to improve the appearance of the property. The landscaping will be done in accordance with the landscape plan as shown on the rendering, a copy of which is attached hereto as Exhibit A. An amended Concept Plan is filed herewith as Exhibit B. The amended site plan shows two (2) entrances to the property. One entrance is the public entrance as shown on the original Concept Plan. The second entrance is a service entrance, which entrance will not be used by members of the general public. These two entrances will be the only entrances into the property. Members of the City Council Page 3 August 14, 1989 II. Current Situation: Board of Commissioners of the Roanoke Redevelopment and Housing Authority considered the proposed rezoning at meetings on June 26, 1989 and July 10, 1989 (minutes attached). After consideration of the information provided by the petitioner's attorney, Housing Authority staff, and City staff, the Board of Commissioners, by unanimous vote, adopted a motion concurring in the recommendation of the Authority and City staff that the requested rezoning be denied. In addition, the Board respectfully requested that the Planning Commission deny the request (see attached correspondence from H. Wesley White, Jr., dated 7/14/89). Planning Commission public hearing to reconsider the proposed rezoning was held on July 5, 1989 and continued to July 19, 1989 (minutes attached). At the July 5 public hearing, staff updated the Commission on the action taken by City Council at their June 12, 1989, meeting. Mr. Marlles also noted that staff from the Planning and Building Departments were conducting a land use survey of the neighborhood to identify existing conditions in the area. At the continued public hearing on July 19, 1989, Mr. Michael Smeltzer, attorney, appeared before the Commission on behalf of the petitioner. Mr. Smeltzer explained that the reason for the request was to accommodate Mr. Mullins so that he could use the property for storage of automobiles pending his stripping them of usable parts. He noted that the request must also go before the Board of Zoning Appeals for a Special Exception. Mr. Smeltzer reviewed the proffers and presented a rendering showing the proposed landscaping. He also noted that Mr. Mullins had been in the neighborhood for 11 years and was willing to expand his business at an investment of $300,000. Mr. Bradshaw questioned the proffer relating to the removal of the hulks within five days and advised that enforcement would be difficult. Mr. Marlles presented the staff report recommending denial of the requested rezoning. Mr. Marlles stated that the Planning and Building Departments had conducted a detailed land use study of the Members of Page 4 August 14, the City Council 1989 area and presented each Commission member with a copy of the survey and findings. Summarizing the study, Mr.Marlles stated the major blighting influences in the area were an existing automobile stripping operation located to the west of the subject rezoning and the existing automobile junk yard immediately adjacent to the site in question. He also noted that staff felt the area had a high potential for new development and redevelopment especially after the extension of Peters Creek Road. Mr. Wesley White, Roanoke Redevelopment and Housing Authority, appeared before the Commission and stated that the Board of Commissioners of the Roanoke Redevelopment and Housing Authority had considered the request and had passed a motion concurring in the recommendation of staff that the request be denied. Mr. White described a number of concerns, including the negative impact the proposed use would have on the 300 families in the project, problems with completely buffering the proposed storage area, enforcing the landscape rendering which had been presented, the proximity of the second service entrance on 30th Street to the existing housing development and problems associated with the future marketability of industrial land in the Shaffers Crossing Redevelopment Area. Mr. White stated he felt the City should not treat this residential area any differently than any other residential area in the City. Mr. Doug Chittum, Roanoke City Economic Development, appeared before the Commission and stated he was also concerned about the impact of the proposed project on the marketability of the Shaffers Crossing Redevelopment Area. Mr. Smeltzer asked the Commission not to hold his client guilty for the sins of others in the area and noted there were junkyards in the area. He stated that his client wanted to utilize the property in a better more efficient manner. In the discussion that followed the public hearing, Mr. Bradshaw noted that Mr. Mullins could continue his existing operation legally but could not store automobiles on the outside. In response to a question from Mrs. Goode, Mr.Marlles said he did not know how the City could enforce the rendering of the proposed landscaping. Members of the City Council Page 5 August 14, 1989 III. Recommendation: By a vote of 3-3 (Mr. Price absent, Messrs. Buford, Waldvogel and Jones voting for the motion and Messrs. Bradshaw, Sowers and Mrs. Goode voting against the motion) the motion to approve the request was denied. Respectfully submitted, Roanoke City Planning Commission JRM:mpf cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner Executive Director, RRHA LISTING OF ATTACHMENTS TO COUNCIL REPORT Attachment I - Petitions A. 7/6/89 B. 5/3/89 C. 4/7/89 2nd amended petition Amended proffer Original petition to rezone Attachment II A. 7/5/89 B. 6/12/89 C. 5/3/89 - Staff Reports Planning staff report to City Council Planning Commission report to City Council Planning staff report to Planning Commission Attachment III A. 7/19/89 B. 7/11/89 C. 6/29/89 - Minutes Draft Planning Commission Minutes RRHA Board of Commissioners Minutes RRHA Board of Commissioners Minutes Attachment IV - Correspondence A. 7/19/89 B. 6/29/89 C. 6/14/89 Letter to John Marlles from H. Wesley White Letter to John Marlles from Herbert McBride Letter to John Marlles from W. A. James Attachment V - Maps Attachment VI - Land Use Survey (separate attachment) IN THE COUNCIL OF THE CITY OF ROANOKE~ VIRGINIA IN RE: Rezoning of a tract of land lying at the northwesterly intersection of Shenandoah Avenue, NW, and 30th Street, NW, being 502 30th Street NW, Official Tax Appraisal Number 2520114, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions. SECOND AMENDED PROFFER ~0 THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner and Purchaser do hereby amend the conditions set forth in Paragraph 5(d) as contained in their Petition to Rezone the Property. 2. Paragraph 5(d), as amended, shall state as follows: The front portion of the Property adjacent to 30th Street will be landscaped with trees, shrubs and flowers so as to improve the appearance of the Property. The landscaping will be done in accordance with the landscape plan as shown on the rendering, a copy of which is attached hereto as Exhibit "A". 3. An amended Concept Plan is filed herewith as Exhibit "B". The amended site plan shows two (2) entrances to the Property. One entrance is the public entrance as shown on the original Concept Plan. The second entrance is a service entrance, which entrance will not be used by members of the general public. These two entrances will be the only entrances into the Property. Respectfully submitted this 6th day of July, Except as amended herein, the Petition to Rezone and the conditions set forth therein and in the first Amended Proffer shall remain unchanged. 1989. Respec~;.ully submitted, ichael K. Smeltzer~ ~ttorney Petitioner and Purc~l~ser for WOODS, ROGERS & HAZLEGROVE 105 Franklin Road, SW P.O. Box 2908 Roanoke, VA 24004 703) 982-4252 -2- SHENANDOAH AVENUE SHEN,4.NDO,,U.i .4 V~,N I. ~ USE ~ BE Elvl'l.l~!ll,y ENCLOSED BY A FENCE CONSTRUCTED IN ACCORDANCE wrrH SECTION 36.1-P71 OF THE CODE OF ~ CII"Y OF ROANOK~ (1979). 2. ~ ONLY EN'I'Y. ANCESTO THE PROPERTY ~ BE ~ EN'r.~I~a'~IC~.~a.~ SHO'R'N I-IEREON. !3. CRO-~--I-IATCBED AREA SH011~ AREA TO BI~ USED P0R AUTOMOBILE STORAGE. REZONING OF TAX PARCEL 2520114 FROM LM TO HM. EXHIBIT 'B* IN HHE COUNCIL OF THE CITY OF ROANOKEr VIRGINIA IN RE: Rezoning of a tract of land lying at the northwesterly intersection of Shenandoah Avenue, NW, and 30th Street, NW, being 502 30th Street, NW, Official Tax Appraisal Number 2520114, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions. AMENDED PROFFER PO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners and Purchaser do hereby amend the conditions set forth in Paragraph 5(c) as contained in their Petition to Rezone the above property. 2. Paragraph 5(c), as amended, shall state as follows: Ail activities with respect to the stripping of parts from automobiles and the storage and sale of used automobile parts will be conducted entirely within the buildings on the Property. The exterior of the Property will be utilized for storage of automobiles. After all usable parts are dismantled from the automobiles, the remaining portions thereof will be moved from the Property within five (5) business days. 3. Except as amended herein, the Petition to Rezone and the conditions set forth therein shall remain unchanged. Respectfully submitted this 3rd day of May, 1989. Respectfully submitted, Of Counsel Michael K. Smeltzer, Esq. -2- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN RE: Rezoning of a tract of land lying at the northwesterly intersection of Shenandoah Avenue, NW, and 30th Street, PETITION NW, being 502 30th Street, NW, Official TO Tax Appraisal Number 2520114, from LM, REZONE Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions. rO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Bill Laferty and Ruby H. Laferty, are the owners of land in the City of Roanoke containing 4.205 acres, more or less, located at 502 30th Street, NW, No. 2520114 (the "Property"). The Property is currently zoned LM, Light Manufacturing District. A map of the Property to be rezoned is attached as Exhibit "A". A metes and bounds description of the Property is attached as Exhibit "B". 2. Edgar Mullins, owner of Mullins Used Auto Parts Warehouse (the "Purchaser"), has contracted to purchase the Property from the Petitioners subject to the rezoning thereof. 3. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners and Purchaser request that the Property be rezoned from LM, Light Manufacturing District to HM, Heavy Manufacturing District, subject to certain conditions set forth below, for the purpose of conducting an automobile recycling yard thereon, including associated retail sale and storage activities. 4. The Petitioners and Purchaser believe the rezoning of the Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be in the best interests of all concerned. 5. The Petitioners and Purchaser hereby proffer and agree that if the Property is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: a. The Property will be developed in substantial compliance with the concept plan, a copy of which is attached to the Petition for Rezoninq as Exhibit "C", subject to any changes required by the City during site plan review. b. The rezoned Property shall be used only for the purpose of operating an automobile recycling yard thereon, including associated retail and storage activities. c. All activities with respect to the stripping of parts from automobiles and the storage and sale of used automobile parts will be conducted entirely within the buildings on the Property. The exterior of the Property will be utilized for storage of automobiles. After all usable parts are dismantled from the automobiles, the -2- remaining portions thereof will be moved from the Property as soon as practicable. d. The front portion of the Property adjacent to 30th Street will be landscaped with shrubs and flowers so as to improve the appearance of the Property. e. If the Property is not used as an automobile recycling yard, with associated retail and storage activities within three (3) years from the date of final zoning approval, the zoning shall revert to LM, Light Manufacturing District, without further action by City Council. 6. Attached to Exhibit "D" 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. 7. Upon rezoning, the Petitioners and Purchaser shall make application for a Special Exception Use from the Board of Zoning Appeals pursuant to the provisions of Section 36.1-271, Code of the City of Roanoke (1979), as amended. WHEREFORE, the Petitioners and Purchaser request that the above-described Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -3- Respectfully submitted this ~'~' day of , 1989. Bill La'f~r~ ~ Ruby HJ Lafert~ // ' /' 2722 Rhodes Avenue, NE Roanoke, VA 24014 Edgar Mullins 2921 Shenandoah Avenue, NW Roanoke, VA 24017 Respectfully submitted, 105 Franklin Road, SW P.O. Box 720 Roanoke, VA 24004 (703) 982-4252 -4- d. It II II / / / / E~HIBIT "B" BEGINNING at an iron bolt at Corner No. 1 at the Northwest corner of 30th Street, N.W. (30 ft. wide) and Shenandoah Avenue, N.W. (60 ft. wide); thence along the Northerly side of Shenandoah Avenue, N.W., with a curved line to the left whose delta is 5° 04' 40", whose radius is 1967.82, whose tangent is 87.25 and whose chord is S. 85° 38' 40" W. 174.31 ft., the arc of 174.39 ft. to a concrete monument at Corner No. 2 at a point of tangent; thence S. 83° 06' 20" W. 303.51 ft. to an old iron pipe at Corner No. 3; thence leaving Shenandoah Avenue, N.W., and with the Easterly line of Valley Development Corporation property, N. 14° 30' E. 549.30 ft. to an old iron at Corner NO. 4; thence with the Southerly line of the Estate of Mollie S. Engleman, S. 75° 01' 50" E. 380.50 ft. to an auto axle at Corner No. 5 on the Westerly side of 30th St., N.W.; thence with the same S. 14~ 42' 10" W. 302.70 ft. to an iron pin at Corner No. 6; thence S. 27" 12' 50" E. 102.40 ft. to the place of BEGINNING, containing 4.205 acres, more or less. 8.~47 ACRES C CENTRE AVENUE 484.6 SHENANDOAH AVENUE B PAINT SHOp SHENANDOAH AVENUE 1. TI~ USE ~ BE EN'r~.T.Y ENCLOSED BY A FENCE CONSTRUCTED IN ACCORDANCE WITH SECTION 36.1-271 OF THE CODE OF THE CITY OF ROANOKE (1979). 2. THE ONLY EN'rm~NCE TO THE PROPEWt~ JILL BE THE ENTRANCE AS SHOWN HEREON. CROSS-HATCHED AREA SHOWS AREA TO BE USED FOR AUTOilOBm R STORAGE REZONING OF TAX PARCEL 2520114 FROM IAi TO HM. EXHIBIT 'C' EXHIBIT "D" Tax numbers, names and addresses of the owners of all property immediately adjacent to or immediately across the street from the proDerty to be rezoned. Tax Number Name 2420501 City of Roanoke Redev- elopment and Housing Authority Address P.O. Box 6359 Roanoke, VA 24017 2510201 and 2510206 Lightweight Block, Co., P.O. Box 27211 Inc. Richmond, VA 23261 2520103 Kenneth S. Bowling and Route 2, Box 333 Others Radford, VA 24141 2520113 Bobby Edward Almond 620-30th Street, NW Roanoke, VA 24017 2410101 City of Roanoke Redev- elopment and Housing Authority P.O. Box 6359 Roanoke, VA 24017 2420601 Arthur Buford Guilliams 1827 Westhill Road Richmond, VA 23226 2420621 Edgar Mullins 2921 Shenandoah Avenue, NW Roanoke, VA 24017 Roanoke Crry Planmng Comm,ssion July 5, 1989 Mr. Michael M. Waldvogel, Chairman and Members of the Planning Commission Roanoke, Virginia Dear Members of the Commission: Subject: Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing Official Tax No. 2520114 be rezoned from LM~ Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Planning Commission held a public hearing on the above-referenced matter on May 3, 1989. Planning Commission's recommendation to City Council (attached report dated'6/12/89) to approve the rezoning request resulted from a 3-1 vote of the Commission. The Commission, in their recommendation to City Council, felt there was other property in the area zoned HM and that other concerns would be taken care of during site plan review and Board of Zoning Appeals approvals. Ce Planning staff recommended denial of the proposed rezoning (attached report dated 5/3/89) on the grounds that the current LM zoning was appropriate and more compatible with surrounding land uses. Other concerns cited by staff were the potentially adverse impact the proposed use may have on existing and future development in the area and the 355 Municipal Builc~ing 215 Church Avenue S W Roanoke, Virginia 24011 (703) 981-2344 Members Page 2 July 5, II. III. of the lanning Commission 1989 difficulty of buffering the proposed stripping operation and automobile storage area from adjacent properties. Roanoke Redevelopment and Housing Authority officials and City Economic Development staff expressed concern regarding the impact the proposed use will have on the Shaffer's Crossing Community Project and the Lansdowne housing project as well as future development in the area. Council referred the request back to the Commission on June 12, 1989 for further study, report, and recommendation, and with the understanding that the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority will receive a briefing in order to determine the true impact on the Lansdowne housing project as a result of the proposed rezoning. Current Situation: Planning and Building Departments are currently conducting a parcel by parcel inventory of properties in the surrounding neighborhood to assist City staff and the Board of Commissioners of the Roanoke Redevelopment and Housing Authority to evaluate the impact of the proposed rezoning on the Lansdowne housing project as well as the surrounding area. The preliminary findings of this inventory will be presented to the Commission at the July 5, 1989, public hearing. Board of Cor~issioners of the Roanoke Redevelopment and Housing Authority have requested a briefing by City staff on the results of the inventory at their regularly scheduled meeting on July 10, 1989 (see attached correspondence from Herbert D. McBride, Executive Director, dated 6/29/89). Recommendation: Staff is delaying making a recommendation on this matter until completion of the indicated inventory and to give the Board of Commissioners of the Roanoke Redevelopment and Housing Authority an opportunity to further consider this matter at their July 10, 1989, meeting. Preliminary findings from this inventory will be presented at the July 5, 1989, public hearing of the Commission. Members of the Page 3 July 5, 1989 lanning Commission Respectfully submitted, John ~. Marlles, Agent Roanoke City Planning Commission JRM:mpf cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner Executive Director, RRHA Attachments: A.I. Petition and Amended Petition to Rezone A.II. 6/12/89 Council Report A.III. 5/3/89 Commission Report A.IV. 6/29/89 letter from Herb McBride A.V. 6/14/89 letter from W. A. James A.VI. Location maps .Tune 12, 1989 The Honorable Noel C. Taylor, Mayor and Members of ~ - C.~ty Council Roanoke, Virginia Dear Members of Council: Subject: Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing Official Tax No. 2520114 be rezoned from LM, Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Backqround: Purpose of the rezoning is to conduct an automobile recycling yard, including associated retail sale and storage facilities. Be Petition to rezone was filed on April 7, 1989. Proffered conditions were: The property will be developed in substantial compliance with the concept plan subject to any changes required by the City during site plan review. The rezoned property shall be used only for the purpose of operating an automobile recycling yard thereon, including associated retail and storage activities. Ail activities with respect to the stripping of parts from au=omobiles and the storage and sale of used automobile 355 MUn,CIID~I [~ullC~img 215 Church', Avenue S W Rc~noae Virginia 2401 ~ (703) 981-~....R4.4 Members of Ci~ Page 2 June 12, 1989 Council parts will be conducted entirely within the buildings on the property. The exterior of the property will be utilized for storage of automobiles. After all usable parts are dismantled from the automobiles, the remaining portions thereof will be moved from the property as soon as practicable. The front portion of the property adjacent to 30th Street will be landscaped with shrubs and flowers so as to improve the appearance of the property. 5. If the property is -ot used as an automobile recycling yard, with associated retail and storage activities within three (3) years from the date of final approval, the zoning shall revert to LM, Light Manufacturing District without further action by City Council. Wrecking, salvage, and recyclin~ yard.., including junk yards and automobile graveyards and associated retail sale and storage activities are permitted in the HM zone subject to the granting of a special exception by the Board of Zoning Appeals provided that: The use is not detrimental to adjacent uses. The use is not visible to public view from any collector or arterial street or road by virtue of its location on a hillside or location on a plateau belo~ street level, and the use is screened ~rom view from adjacent properties and public streets. The use is entirely enclosed by a solid fence or wall at least eight (8) feet in height with access only through solid gates. Said fence or wall shall be at least twenty-five (25) feet from any street or road or adjoining property not in the same district. Said fence shall not be used for advertisement of the business of the owner or operator. Members of Ci%~ Council Page 3 June 12, 1989 De The contents of the use shall not be placed or deposited to a height greater than that of the fence or wall. Ne_~,q_hborhood is a mixture of residential, commercial, and industrial uses. Staff's primary concern with regard to this petition is the potentially adverse impact the proposed use may have on existing and future development in the area. The elevation of the site relative to Shenandoah Avenue and the adjacent parcel to the west of the area to be rezoned makes buffering the proposed stripping operation and automobile storage area difficult if not impossible. Roanoke Redevelopment and Housing Authorit~ officials and City Economic Development staff have expressed concern regarding the impact the proposed use will have on the Shaffer's Crossing Community Development Project and the Lansdowne housing project as well as future development in the area. Planning Commission public hearing was held on May 3, 1989. Mr. Mike Smeltzer, attorney,' appeared before the Commission to summarize- the request for rezoning. Mr. Smeltzer noted that Mr. Mullins, the contract purchaser, wanted to continue to utilize the property in its present use and in addition he wanted to to store automobiles on the site so they could be stripped. Mr. Smeltzer noted that once all the usuable parts were stripped from the hulks, they would be removed from the property. He further stated that all work would be conducted entirely within the existing structures with the exception of outside storage. In response to concerns about outside storage of the automobiles, Mr. Smeltzer indicated they were proffering that they be removed within five working days. Planning staff recommended denial of the requested rezonlng. Staff expressed concern regarding the impact of the proposed use on existing and future development in the area. Staff also indicated that the existing LM zoning was more appropriate and compatible with existing land uses. Members Page 4 June 12, II. III. of Cit~ Council 1989 Issues: Zoning is presently LM. Zoning to the north, east and west is also LM. Zoning to the south across Shenandoah Avenue is HM. Existing land use in the area proposed for rezoning is primarily warehousing and sale of used automobile parts. Secondary land uses include a flea market and several fruit and vegetable stands. Adjacent land uses include an automobile junk yard to the north, a paint and body shop and the Lansdowne housing project to the east across 30th Street, and the Lightweight Concrete Block Company to the south across Shenandoah Avenue. The Shaffer's Crossing Redevelopment Area is located diagonally across Shenandoah Avenue. Utilities are not an issue. Although area experiences storm drainage problems, proposed use would generate minimal increase in run-off. Area is on City's priority list for future storm drainage improvements. Alternatives: A. Reco~u,end approval of the requested rezoning. t. Zoning becomes HM. HM zone is intended to provide for uses which may have harmful affects on other districts (e.g., noise, odor, hazardous material, excessive dust, etc.). Land use becomes automobile recycling yard with associated retail and storage activities. 3. Utilities not an issue. e Neighborhood could be at least partially screened by the proposed use although total screening may not be possible due to differences in elevations. Be 5. Comprehensive Plan would be followed. Recommend denial of the rezoning request. 1. Zoning remains LM. Members of Ci% Page 5 June 12, 1989 Council Land use is unchanged. Area remains available for future light industrial development. Existing retail sales and storage for used automobile parts could continue. Utilities not an issue. City's priority list for drainage improvements. Area is on future storm Neighborhood not affected. Comprehensive Plan could still be followed. IV. Recommendation: By a vote of 3-1 {Mr. Sowers voting against the motion, Messrs. Bradshaw and Price and Mrs. Goode absent), the Planning Commission recommended approval of the requested rezoning. The Commission felt that there was other property in the area zoned MM and that other concerns would be taken care of during site plan review and Board of Zoning Appeals approvals. Respectfully s%~b~itted, Michael M. Waldvogel, Chad-man Roanoke City Planning Commission JRM:mpf attachnlents cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner. May 3, 1989 Mr. Michael M. Waldvogel, Chairman and Members of the Planning Commission Roanoke, Virginia Dear Members of the Commission: Subject: Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing official tax no. 2520114 be rezoned from LM, Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: Purpose of the rezoning is to conduct an automobile recycling yard, including associated retail sale and storage facilities. Petition to rezone was filed on April 7, 1989. Proffered conditions were: The property will be developed in substantial compliance with the concept plan subject to any changes required by the City during site plan review. The rezoned property shall be used only for the purpose of operating an automobile recycling yard thereon, including associated retail and storage activities. Ail activities with respect to the stripping of parts from automobiles and the storage and sale of used automobile Room $55 Munlopoi Bu,~c~ng 215 ChurcJ'~ Avenue SW Roonc~e V~rg~n,a 24.011 (703) 981 2544 Members of the Page 2 May 3, 1989 .anning Commission parts will be conducted entirely within the buildings on the property. The exterior of the property will be utilized for storage of automobiles. After all usable parts are dismantled from the automobiles, the remaining portions thereof will be moved from the property as soon as practicable. The front portion of the property adjacent to 30th Street will be landscaped with shrubs and flowers so as to improve the appearance of the property. o If the property is not used as an automobile recycling yard, with associated retail and storage activities within three (3) years from the date of final approval, the zoning shall revert to LM, Light Manufacturing District without further action by City Council. Wrecking, salvage, and recycling yards, including junk yards and automobile graveyards and associated retail sale and storage activities are permitted in the HM zone subject to the granting of a special exception by the Board of Zoning Appeals provided that: 1. The use is not detrimental to adjacent uses. The use is not visible to public view from any collector or arterial street or road by virtue of its location on a hillside or location on a plateau below street level, and the use is screened from view from adjacent properties and public streets. The use is entirely enclosed by a solid fence or wall at least eight (8) feet in height with access only through solid gates. Said fence or wall shall be at least twenty-five (25) feet from any street or road or adjoining property not in the same district. Said fence shall not be used for advertisement of the business of the owner or operator. Members of the Page 3 May 3, 1989 .anning Commission The contents of the use shall not be placed or deposited to a height greater than that of the fence or wall. Neighborhood is a mixture of residential, commercial, and industrial uses. Staff's primary concern with regard to this petition is the potentially adverse impact the proposed use may have on existing and future development in the area. The elevation of the site relative to Shenandoah Avenue and the adjacent parcel to the west of the area to be rezoned makes buffering the proposed stripping operation and automobile storage area difficult if not impossible. Roanoke Redevelopment and Housing Authority officials and City Economic Development staff have expressed concern regarding the impact the proposed use will have on the Shaffer's Crossing Community Development Project and the Lansdowne housing project as well as future development in the area. II. Issues: Zoning is presently LM. Zoning to the north, east and west is also LM. Zoning to the south across Shenandoah Avenue is HM. Existing land use in the area proposed for rezoning is primarily warehousing and sale of used automobile parts. Secondary land uses include a flea market and several fruit and vegetable stands. Adjacent land uses include an automobile junk yard to the north, a paint and body shop and the Lansdowne housing project to the east across 30th Street, and the Lightweight Concrete Block Company to the south across Shenandoah Avenue. The Shaffer's Crossing Redevelopment Area is located diagonally across Shenandoah Avenue. Utilities are not an issue. Although area experiences storm drainage problems, proposed use would generate minimal increase in run-off. Area is on City's priority list for future storm drainage improvements. III. Alternatives: A. Recommend denial of the rezoning request. Members of the Page 4 May 3, 1989 .anning Commission 1. Zoning remains LM. Land use is unchanged. Area remains available for future light industrial development. Existing retail sales and storage for used automobile parts could continue. Utilities no~ an issue. Area is on City's priority list for future storm drainage improvements. 4. Neighborhood not affected. Comprehensive Plan would be followed. Existing and future development protected from a use which may have a negative economic and/or visual impact. B. Recommend approval of the requested rezoning. Zoning becomes HM. HN zone is intended to provide for uses which may have harmful affects on other districts (e.g., noise, odor, hazardous material, excessive dust, etc.). Adjacent residential zoning districts may be affected. Land use proposed may adversely impact existing and future development. 3. Utilities not an issue. Neighborhood would be negatively affected by the proposed use. Complete screening of the site may not be possible due to differences in elevations. Comprehensive Plan would not be followed. IV. Recommendation: The staff recommends denial of the proposed rezoning. The current LM zoning is appropriate and more compatible with the surrounding land uses. Respectfully submitted, Joh9 ~R. Marlles, Agent RoanOke City Planning Commission Members of the Page 4.1 May 3, 1989 .anning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner. Roanoke City Planning Commission July 19, 1989 Page 4 Mr. Sowers asked th~petitioner if the fourth opt suggested was viable~ Mr. Sunderman responde~that if that option were chosen, part of the buffering a~ greenspace would be eliminated. The Commission and Mr. Superman discussed the site plan and the possibility of usi~ a different option. The difference in elevation from~he front of the parking area to the back was discussed, as~as the curb and gutter which was already in place. ~ Mr. Waldvogel asked for further.co~ents.~ Mrs. Goode moved to approve Option 2.~ The motion was seconded by Mr. Jon~s~_r~_v_e~_ 6. _~ Mr. Swain appeared before the Commission and expressed his appreciate and invited the Commission to tour Highland Park School and view the $3 million in renovations· Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearin~ official tax no. 2520114, be rezoned from LM, Light Manufacturinq District to HM, Heavy Manufacturin~ District, such rezonin~ to be subject to certain conditions proffered by the petitioner. Mr. Smeltzer appeared before the Commission and stated he was representing the Lafertys, owners of the property, and Mr. Edgar Mullins, who wishes to purchase the property. He said the property was located at the corner of 30th and Shenandoah Avenue. He advised that Mr. Mullins operated the Mullins Auto and Body Shop opposite the tract in question. He added that the used parts business had begun on the tract in question about three years ago and Mr. Mullins now had an option to purchase the site. Mr. Smeltzer explained that the reason for the request was to accommodate Mr. Mullins so that he could use the property for storage of automobiles pending his stripping them of usable parts. He added that the request must also go before the Board of Zoning Appeals for a special exception relative to fencing the property from view. He said that it was pretty clear that the use would not be seen from Shenandoah Avenue or 30th Street once the fence is erected. Roanoke City Planning Commission July 19, 1989 Page 5 Mr. Smeltzer said that he had submitted proffered conditions relative to development of the site and attempted to meet all the requirements and concerns the people had. He mentioned that one of the proffers was that the automobile hulks would be removed from the property within five days and that the site plan had been amended to provide a second service entrance, with a solid gate-type entrance. Mr. Smeltzer also presented a rendering, which showed landscaping~ Mr. Smeltzer continued his presentation by stating that Mr. Mullins had been in the neighborhood for 11 years and wished to expand his business in the same neighborhood. He said that Mr. Mullins was willing to do so at an investment of $300,000. He also noted that he felt the project would improve the neighborhood. Mr. Buford asked if the petitioner was proffering that the hulks would be removed within five days. Mr. Smeltzer said that he was and read the proffered condition to the Commission. Mr. Bradshaw commented that he did not understand the proffer and advised that enforcement would be difficult. He also asked if dismantling of individually-requested parts from the automobiles while they were parked in the yard would be allowed. Mr. Smeltzer explained the operation to the Commission, noting that the stripping of the entire vehicle was done within the building. Mr. Marlles presented the staff report. He stated that on June 12, 1989, City Council had referred the matter back to the Commission for reconsideration and had also requested that the Board of Commissioners of the Roanoke Redevelopment and Housing Authority determine the impact of the project on the Lansdowne housing development. Mr. Marlles also noted that the Planning and Building Departments had conducted a detailed land use study of the entire Shenandoah Avenue 30th Street area, and provided each Commissioner with a copy of the findings. Mr. Marlles stated that the Board of Commissioners had received a full briefing of the issues by both Mr. Smeltzer and City staff and had concluded that the project would have a negative impact on the Lansdowne Housing Project and had requested the Planning Commission deny the requested rezoning. Roanoke City Planning Commission July 19, 1989 Page 6 Summarizing the land use study, Mr. Marlles noted the major blighting influences in the area were an existing automobile stripping operation located on the south side of Shenandoah Avenue and the existing automobile junk yard immediately adjacent to the site in question. He said that staff had concluded that the area had a high potential for both new development and redevelopment of sites, especially if Peters Creek Road was extended to the area. Mr. Marlles commented on the zoning violations which were observed in the area and stated that the majority involved inoperable or abandoned motor vehicles and outside storage. He said that staff felt the area was stable and that the violations could be handled. Mr. Marlles also noted that the zoning inspector was in the process of determining which of the violations might be grandfathered or in existence prior to the adoption of the new zoning ordinance and which would be acted on. Mr. Marlles continued his report by stating that staff felt that the existing LM zoning was more appropriate and the terrain of the would make it difficult to provide for complete screening. He also commented that the additional service entrance which was being requested was further down 30th Street, closer to the Lansdowne project. He ~aid the proposal deserved to be looked at very carefully and it was generally not the type of use that was encouraged next to residential development. Mr. Wesley White, Roanoke Redevelopment and Housing Authority, appeared before the Commission and stated that since the last Commission meeting on the matter, the petitioner's counsel has appeared before the Board of Commissioners of the Housing Authority. He said that the Board of Commissioners had asked for staff's recommendation and staff had recommended denial of the request. He noted that several items had been considered; such as the recent upgrading of the Lansdowne area, with new recreational facilities being planned for the area. He said the project would have a negative impact on the 300 families in the project. Mr. White also co~ented on the conditions along 30th Street with the junkyard that was presently there and stated that another junkyard was not needed in the area. Relative to the site plan, Mr. White commented that the second entrance was a concern because it was closer to Lansdowne. Mr. White stated that there was concern about the impact the rezoning would have on the Shaffers Crossing area. He said that the future marketability of the land in the area was a concern. Roanoke City Planning Commission July 19, 1989 Page 7 Mr. White commented on the landscape plan and he questioned whether what was presented was really a landscape plan. He said that it was a pretty picture but it gave no dimensions and no plant material. Mr. White said that the Board of Commissioners had discussed the future of the entire area and the affect that the Peters Creek Road Extension would have on the area. He said that the new road extension would make the area more desirable for business and light industrial uses. Mr. White advised that the Board of Commissioners had passed a motion concurring in the recommendation of the Planning staff - that the request be denied. He said the Board respectfully requested that the Commission deny the request. He asked where else in Roanoke would a junkyard-type operation be allowed in close proximity to a residential area. He said the City should not treat this residential area any differently than any other residential area in the City. Mr. Waldvogel asked where the Lansdowne recreational improvements were located. Mr. White stated they were located across Salem Turnpike. Mr. Waldvogel said that Mr. White had expressed concern that the project would have a negative impact on Shaffers Crossing. He asked if any of the land were for sale. Mr. White responded that none of the land was for sale at the present time. Mr. Waldvogel asked for the timing of the Shaffers Crossing project. Mr. White explained that a number of sites had been acquired and it was hoped that additional land would be acquired within the next year but did not know the exact timing. Mr. Waldvogel asked to what type of use the Shaffers Crossing property would be put. Mr. White said that it could be used for anything allowed in the redevelopment plan - light manufacturing, processing, wholesaling, freight terminals, etc. Mr. Waldvogel asked how the proposed use of the Mullins site would have a negative impact on the uses proposed for the Shaffers Crossing area. Roanoke City Planning Commission July 19, 1989 Page 8 Mr. White explained that any business developer would not want to invest a large amount of money and be located across the street from a junkyard or recycling center. The present zoning in the area was discussed. Mr. Marlles advised that zoning on the south side of Shenandoah Avenue was split between LM and HM. Zoning on the north side of Shenandoah Avenue was LM. Mr. Doug Chittum, Roanoke City Economic Development, appeared before the Commission and stated that he was concerned about the impact of the proposed project on the marketability of the Shaffers Crossing Redevelopment Project. He said he believed it would be easier to market the Shaffers Crossing area if the operation in question were not allowed. Mr. Chittum commented that the funding for the Shaffers Crossing area had decreased over the years, however, he hoped to be able to have property for sale shortly. Mr. Waldvogel asked Mr. Chittum if he believed there was a demand for LM land in the area. Mr. Chittum said that he believed there was and had had inquiries asking for a timetable. He said there were available LM-zoned sites, however, there were problems with water, sewer, or storm drainage. He also used the Deanwood area as another example of a very successful park that was comparable with the Shaffers Crossing area. Mr. Smeltzer asked the Commission not to hold his client guilty for the sins of others in the area. He said that there were junkyards in the area, but the point was that the requested rezoning was a separate organization, which worked well. He said the business answered a need in the community and would not be doing anything in the neighborhood to worsen it. He said that his client wanted to utilize the property in a better, more efficient manner. He said that he was not introducing a novel concept to the neighborhood because there was a junkyard operation of Mr. Almond's one block up the street. He also commented that Mr. Almond's property was up for sale and it was possible that Mr. Mullins could purchase the site and would be able to use it as Mr. Almond was using it now. He encouraged the Commission to make a favorable recommendation to City Council. There was discussion of the reversion of the zoning of the property and Mr. Marlles stated that the requested use was proffered and that the property would revert if it was not used as an automobile recycling yard, with associated retail and storage activities within 2 years of the date of final zoning approval. Roanoke City Planning Commission July 19, 1989 Page 9 Mr. White asked if the use of the Almond property would fall under the new zoning ordinance. Mr. Marlles said that if the use was discontinued for a specified period of time, then the use would have to conform to the present ordinance. He said that under the present use, the Almond business could be operated but not expanded. Mr. White also voiced his concern over the type of fencing that would be used for screening and the Board of Zoning Appeals' authority to grant exceptions. Mr. Waldvogel advised that the public hearing portion of the meeting was ended. He then moved to grant the petitioners request to rezoning the property as proffered and amended. He asked Mrs. Franklin to read the proffered conditions. After a reading of the conditions, Mr. Bradshaw said that it was his understanding that Mr. Mullins could continue his operation legally but could not store automobiles on the outside. Mr. Marlles stated that was correct. Mrs. Goode asked if the rendering of the landscaping was sufficient for review. Mr. Marlles said that he did not know how the City could enforce thc si~e~plan. He commented that a comprehensive site plan review would have to be done by City staff. Mr. Bradshaw questioned why site plan review was required and there was discussion of the Code sections requiring comprehensive site plan submittal. Mr. Marlles advised that the expansion of the use and additional traffic would trigger a need for review. He also added that the Zoning Administrator would have to determine if a basic or comprehensive site plan were required. Mr. Sowers commented that when the request was before the Commission previously he had voted for denial because of the alleged negative impacts on the neighborhood, but more importantly he felt the Commission was crossing the natural boundary line for HM zoning - Shenandoah Avenue. He said that if the natural boundary were crossed, he feared there would be a strip of H~ in both directions. There being no further discussion, Mr. Waldvogel asked for a roll call vote. By a vote of 3-3, the motion to approve the request was denied (Messrs. Bradshaw and Sowers and Mrs. Goode voting against the motion and Messrs. Buford, Jones and Waldvogel voting for the motion). Roanoke City Planning Co~ission July 19, 1989 Page 10 There being no further business to come before the Commission, the meeting was adjourned at 4:00 p.m MINUTES OF A REGULAR MEETING OF THE BOARD OF COMMISSIONERS OF THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY The Commissioners of the City of Roanoke Redevelopment and Housing Authority met in a regular session on Monday, July 10, 1989, at 12 noon in the office of the Authority, 2624 Salem Turnpike, N. W. in the City of Roanoke, Virginia. The meeting was called to order by the Chairman, call was as follows: I. ROLL CALL PRESENT: ABSENT: OFFICERS and the roll Commissioners Albergotti, Butler, Glenn, Justis, Keeling, Loeb Commissioner Crawford PRESENT: H. Wesley White, Jr., Assistant Secretary-Treasurer ALSO PRESENT: David A. Bowers, City Councilman; Daniel F. Layman, Jr., Authority Attorney; Tom Tasselli, Planning, City of Roanoke; Doug Chittum, Economic Development, City of Roanoke; Joel Turner, Roanoke Times & World News; Charlotte Mason, Administrative Assistant The Chairman declared the minutes of the Regular Meeting of June 26, 1989 approved as submitted. In connection with the Authority's consideration of the position it will take on the petition filed by Edgar Mullins to rezone property at the corner of 30th Street and Shenandoah Avenue, N. W., from LM (Light Manufacturing) to HM (Heavy Manufacturing), a briefing was given by Mr. Tom Tasselli of the Planning Department of the City of Roanoke relative to the City's survey of properties and environment adjacent to the Lansdowne Housing Development. Mr. Tasselli informed the Commissioners that this survey included Salem Turnpike, N. W. and Shenandoah Avenue, N. W. and as far as Westwood Boulevard, N. W. to the west and 24th Street, N. W. to the east. A total of 117 parcels were surveyed, and a total of 35 possible zoning violations were observed. After completion of this survey, the City Planning staff recommended denial of the rezoning of the property from light manufacturing to heavy manufacturing. They did not feel that even with the requirement of the six foot fence for screening that this would adequately screen this type of operation. Mr. Doug Chittum of the Economic Development Department of the City showed the Board a rendering of the landscaping plan which Mr. Mullins would use for his business. Mr. Chittum did not feel that this plan was complete and that it did not conform to the City's ordinance requirements. The Economic Development staff of the City are also concerned about the marketability of the nearby Shaffer's Crossing area if this type of business were allowed in this area. Mr. White gave a recommendation of the Authority staff of denial for this rezoning and stated such reasons as the renovation which has been done to the Lansdowne Housing Development and our obligation to the residents, the Peters Creek Road Extension which would be in this area, and the marketability of the Shaffer's Crossing Area. After discussion, Commissioner Glenn made a motion recommending that the Board support the recommendations of the Authority staff and City staff and recommend to the Planning Commission the denial of this property rezoning from LM to HM. -2- The motion was seconded by Commissioner Loeb, and upon roll call, the following vote was recorded: AYES: Commissioners Albergotti, Butler, Glenn, Justis, Keeling, Loeb NAYS: None. The Chairman thereupon declared said motion carried. Mr. White presented a resolution authorizing the execution of an Annual Contributions Contract for Housing Voucher Program, ACC, Part I, No. 6-V, Contract No. P-5522-V. Mr. White informed the Board that this new contract would now split these Section 8 projects up into different types of funding increments. The beginning dates for the first four projects will be considered to begin when we make the first request for funding. The most recent project will have a beginning date being the date that HUD signed the contract. After discussion, Commissioner Albergotti introduced the following resolution and moved its adoption: RESOLUTION NO. 2408 RESOLUTION AUTHORIZING THE EXECUTION OF AN ANNUAL CONTRIBUTIONS CONTRACT FOR HOUSING VOUCHER PROGRAM, ACC, PART I, NO. 6-V, CONTRACT NO. P-5522-V. (see attached resolution) The motion was seconded by Commissioner Glenn, and upon roll call, the following vote was recorded: AYES: Commissioners Albergotti, Butler, Glenn, Justis, Keeling, Loeb NAYS: None. The Chairman thereupon declared said motion carried, and Resolution No. 2408 adopted as read. Mr. White recommended that Item No. 4 be carried over to the -3- next Board meeting. Dan Layman informed the Board that some Legislative changes were made effective July 1, 1989 governing bodies holding Executive Sessions. When an Executive Session is put on the agenda, the wording must be more specific and state what will be considered during the session. It must specify the employee or officer to be discussed or specify the legal matter. After the Executive Session, a resolution must state that no other matters were discussed other than the ones specified on the agenda. Also, the Board may request that minutes be taken during Executive Session, but these would not be public record. Commissioner Glenn moved that the Commissioners enter into Executive Session for the purpose of discussing the performance of the Executive Director of the Authority pursuant to Section 2.1 344 A. 1. of the Code of Virginia. The motion was seconded by Commissioner Justis, and upon roll call, the following vote was recorded: AYES: Commissioners Albergotti, Butler, Glenn, Justis, Keeling, Loeb NAYS: None. The Chairman thereupon declared the motion carried as introduced. The Commissioners entered into Executive Session at 1:23 p.m. The Board reconvened from Executive Session at 2:00 p.m. Commissioner Glenn introduced a motion stating that the members of the Board of Commissioners hereby certify to the best of their knowledge that only public business matters -4- MINIITES OF A REGULAR MEETING OF THE BOARD OF COM~(ISSIONERS OF THE CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY The Commissioners of the City of and Housing Authority met in a regular session 26, 1989, at 12 noon in the office of the Authority, Turnpike, N. W. in the City of Roanoke, Virginia. The meeting was called to order by the Chairman, roll call was as follows: Roanoke Redevelopment on Monday, June 2624 Salem and the I. ROLL CALL PRESENT: Commissioners Butler, Albergotti, Crawford, Glenn, Loeb ABSENT: Commissioners Justis,and Keeling OFFICERS PRESENT: Herbert D. McBride, Secretary-Treasurer; H. Wesley White, Jr., Assistant Secretary-Treasurer ALSO PRESENT: David A. Bowers, City Councilman; Betsy Smith, guest of Mr. Bowers; Daniel F. Layman, Jr., Authority Attorney; Dale Gaff and David Bandy, Sherertz, Franklin, Crawford, Shaffner, Architects; John Urquhart, Administrative Trainee; Homer M. Martin, Finance Director; Charlotte A. Mason, Administrative Assistant; Edgar Mullins, Mullins Body & Paint Shop; Michael K. Smeltzer, Attorney for Mr. Mullins The Chairman declared the minutes of the Regular Meeting of June 12, 1989 approved as submitted. The Financial and Management Report for May 1989 was discussed and ordered filed as submitted. Mr. McBride presented a resolution approving plans for expansion of United States Postal Service Facility, Kimball Project, CD-12. Mr. White introduced Mr. Dale Gaff and Mr. David Bandy of Sherertz, Crawford, Franklin, Shaffner, Architects, who showed the Board a model of the proposed expansion which Would be 60 x 300 square feet. This new two-story addition will be used for new machinery, a lunch room and training rooms. After discussion, Commissioner Albergotti introduced the following resolution and moved its adoption: RESOLUTION NO. 2404 RESOLUTION APPROVING PLANS FOR EXPANSION OF UNITED STATES POSTAL SERVICE FACILITY, KIMBALL PROJECT, CD-12. (see attached resolution) The motion was seconded by Commissioner Loeb, and upon roll call, the following vote was recorded: AYES: Commissioners Albergotti, Butler, Glenn, Loeb (Commissioner Crawford abstained) NAYS: None. The Chairman thereupon declared said motion carried, and Resolution No. 2404 adopted as read. Mr. White introduced Mr. Edgar Mullins, owner of Mullins Body & Paint Shop, and his attorney, Mr. Michael K. Smeltzer, who were present to discuss the possible rezoning of 4.2 acres located at 502 30th Street, N. W. Mr. Mullins wishes to purchase this property, and he desires to have it rezoned from light manufacturing to heavy manufacturing. He would like to store cars which he purchases for stripping on this property, however, with the present zonin~ this would not be possible. Mr. Smeltzer discussed with the Board various requirements and responsibilities Mr. Mullins would need to comply with regarding the use of this -2- property. The Chairman informed the Board that this would be considered a briefing and no action would be taken at this time. At the previous Board meeting, approval was granted to award two (2) scholarships to public housing residents and one scholarship to a Section 8 resident. Thien Tu Mai and Vangie L. Wallace, public housing residents, and Deborah J. White, Section 8 resident, were present to receive their certificate for the $2,000 scholarship to attend a college of their choice. Prior to the Board meeting, Mr. McBride had requested that Ron Crawford review the site plans for the playground and recreation area for Lansdowne Park, VA. 11-1. After reviewing the plans, Mr. Crawford expressed some concerns such as possible problems regarding the drainage and the location of the tot lot. These concerns were referred back to study. Mr. McBride presented a the Achninistration for further resolution authorizing award of public officials liability insurance to the James Group Service for a one year term renewal beginning June 27, 1989 and ending June 27, 1990. Mr. John Urquhart informed the Board that three applications were submitted for this insurance, however, the James Group Service submitted the only bid in the amount of $4,068.90. Mr. Urquhart also stated that this premium is the same as the premium for last year, and the value of the insurance coverage is one million dollars. Commissioner Crawford introduced the following resolution ~nd moved its adoption: -3- CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY 2624 SALEM TURNPIKE, N W P O BOX 6359 ROANOKE, VIRGINIA 24017 HERBERT D, McBRIDE July 19, 1989 TELEPHONE (703) 983 9281 John R. Marlles, Agent Roanoke City Planning Commission Municipal Building 215 Church Ave., S.W. Roanoke, VA 24011 Re: Rezoning, 502 30th Street, N.W., Official Tax No. 2520114 Dear Mr. Marlles: During their regular meeting on July 10, 1989, the Authority,s Board of Commissioners was given a briefing by Mr. Tom Tasselli of the City Planning Department relative to the City's survey of properties in the area surrounding the area to be rezoned. As a result of the survey and other planning considerations, Mr. Tasselli stated to the Board that the City's Planning Staff continues to recommend denial of the rezoning. Mr. Doug Chittum of the City's Economic Development Department also app%ared before the Board and expressed his concern that the proposed auto recycling facility would adversely impact on the marketability of the Shaffer's Crossing Area which is located diagonally across Shenandoah Ave., N.W. from the area to be rezoned. Mr. Chittum also expressed his department,s opposition to the rezoning. I was then asked by Chairman Butler to present to the Board the Authority,s staff recommendation. The staff's position was that the rezoning should be denied. This position was based on the following considerations: 1) Over the past few years, the Authority has spent approximately 4 million dollars to upgrade Lansdowne Park Housing Development in order to make it a more desirable place for its residents to live. Present auto junk yards and repair operations along 30th Street already have a John R. Marlles July 18, 1989 Page 2 2) 3) 4) negative impact on the development. Since these uses are grandfathered, there is not much that can be done. However, the Authority can express its concern as to the negative effects that the proposed rezoning would have on the develop- ment. The staff felt that the proposed use cannot be properly screened from the development. The site plan presented by the petitioner has been amended to include a second entrance off of 30th Street. The staff felt that this entrance, which would be used to bring the junk cars into the facility for striping, would produce a greater negative visual impact on the Lansdowne Development than previously envisioned by the use of the one entrance. The property to be rezoned was diagonally across Shenandoah from the Shaffer's Crossing Community Development Project. Because of this, the staff felt that the proposed use would create a negative impact on the future marketability of that area. The petitioner was to present to the Commissioners a landscape plan for the area to be rezoned. Counsel for the petitioner submitted to the Authority's staff a copy of a color rendering of the recycling facility. This rendering was not an acceptable landscape plan since it did not give dimensions or plant materials. The staff has always been concerned with the proper screening of the proposed facility and the information submitted did in no way alleviate this concern. The petitioner has made no attempt over the years to make any improvements to his present auto repair operation located on 30th Street. The Authority staff felt there was no basis to expect that the petitioner would maintain the proposed recycling facility any differently. The 30th Street/Shenanandoah Avenue Area is likely to become a more desirable area for business and light industrial uses once the Peters Creek Road extension is completed. The staff felt that any changes in the zoning at this time may have a negative impact on this area and should be avoided. Every effort should be made to improve the area, not cause further deterioration. John R. Marlles July 18, 1989 Page 3 After some discussion, the Board of Commissioners by unanimous vote, adopted a motion concurring in the recommendations of the Authority Staff and the City of Roanoke Planning Staff. In addition, the Board respectfully requested that the Planning Commission deny the rezoning of 502 30th Street, N.W., Official Tax No. 2520114 from LM, Light Manufacturing to HM, Heavy Manufacturing. If I can be of any further assistance at this time, please do not hesitate to contact me. Very truly yours, · Wes.ley .White,_ Jr. Land Planning/Subsidized Housing Director HWW, j r/shs CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY 2624 SALEM TURNPIKE, N P O BOX 6359 F~OANOKE, V]F~GINIA 2401 HERBERT D MCBRIDE June 29, 1989 TELEPHONE (703) 983 928' Mr. John R. Marlles, Chief Community Planning City of Roanoke 215 Church Avenue, SW Room 355 Roanoke, Virginia 24011 RE: Rezoning from LM to HM - 502 30th Street, NW Roanoke, Virginia - Tax No. 2520114 Dear Mr, Marlles: Please be advised that Mr. Edgar Mullins and his legal counsel, Mr. Michael K. Smeltzer of Woods, Rogers & Hazlegrove, briefed the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority on the proposed rezoning of 502 30th Street, N. W., Roanoke, Virginia, at a regular meeting held on Monday, June 26, 1989. As you are aware, the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority are vitally concerned about the impact that the rezoning will have on the Lansdowne Park public housing development. In order for the Board to make an evaluation, it is necessary that the following documents be made available: 1. updated Site Plan showing all entrances 2. Landscaping Plan 3. a building conditions survey of properties adjacent to the Lansdowne housing development and properties in the immediate neighborhood Upon receipt of the above information, this item will be placed on the agenda for the Board's consideration for the meeting to be held on July 10, 1989. Very truly yours, Herbert D. McBride Executive Director ousing Systems, Inc. 525 M¢Cletlen<~ Street, Salem. V¢rgln/a 24153 Phone 703/387-0273 June 14, 1989 ATTENTION: Mr. John Marlles Community Develo]~-~nt Planning Room 355 Municipal Building 215 Church Avenue Roanoke, Virginia 24011 RE: Rezonin[~ 5 acres at 30th Street and Shenandoah Ave. Gentlemen: The above property was originally used by Timber Truss Company and I personally am still the mortgage holder. While I could benefit from the rezoning by receiving future monthly mortgage payments in a timely manner, I recommend that the property no___~t be rezoned for the following reasons: 1. Future abandonment of the property may result in high clean up costs of autos or auto parts for the city or myself. 2. It will be impossible to completely screen the used autos from view in all directions. 3. In the future rats may find a home in the autos or auto parts with resulting health problems to nearby residence. 4. Families in the Lansdowne Project deserve a better back yard than this. 5. The neighborhood needs building up not further deterioration. Yours very truly, W. A. James TIMBER TRUSS HOUSING SYSTEMS, INC. WAJ / rj LOCATION III Iai I Inl Or, ce of ~e City Cler~ August 8, 1989 File #51 Mr. Michael K. Smeltzer Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: Your attention is called to my communication under date of August 3, 1989, transmitting copy of a report of the City Planning Corrgnission with regard to the request of your clients, Mr. & Mrs. Bill Laferty, that a tract of land lying at the northwesterly intersection of Shenandoah Avenue and 30th Street, N. W., being 502 - 30th Street, identified as Official Tax No. 2520114, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioners. My letter inadvertently stated that the Planning Congnission had recorr~nended approval of the request, when in fact, the Planning Co,~o~lission recommended denial thereof. Please accept my apology for any inconvenience this error might have caused. If you have questions, please do not hesitate to call me at 981-2541. MFP:ra PUBLIC8B Enco pc: Sincere ly, f~ Mary F. Parker, CMC City Clerk Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, P. O. Box 6359, Roanoke, Virginia 24017 Lightweight Block Company, Inc., P. O. Box 27211, Roanoke, Virginia 23261 Room 456 Municipal Buildln~ 215 Chu~'h Avenue SW r~:~anol,,e. Virginia 24011 (703) 98t-254"I Mr.. Michael K. August 8, 1989 Page 2 Smeltzer pc: Mr.. Kenneth S. Bowling, et al, Route 2, Box 333, Radford, Virginia 24141 Mr. Bobby E. Almond, 620 30th Street, N. W., Roanoke, Virginia 24017 Mr.. Arthur B. Guilliams, 1827 Westhill Road, Richmond, Virginia 23226 Mr. Edgar' Mullins, 2921 Shenandoah Avenue, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, District Commission, P. 0. Box 2569, Roanoke, N. W., Roanoke, Fifth Planning Virginia 24010 Mr. W. Robert Herbert, City Manager Mr. Wilburn C. Dibling, Jr., City Attorney Mr. Steven J. Talevi, Assistant City Attorney Mr.. Von Wo Moody, III, Director of Real Estate Valuation Mr". Michael M. Waldvogel, Chairman, City Planning Convnission 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. Marlles, Agent/Secretary, City Planning Corrgnission Ms. Doris Layne, Office of Real Estate Valuation Office af the City Clerk August 7, 1989 File #51 Mr. Michael K. Smeltzer Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: Pursuant to ray corr~nunication under date of August 3, 1989, I am enclosing copy of an Ordinance, which was prepared by the City Attorney's Office, in connection with the request of your clients, Mr. & Mrs. Bill Laferty, that a tract of land lying at the northwesterly intersection of Shenandoah Avenue, and 30th Street, N. W., being 502 - 30th Street N. W., identified as Official Tax No. 2520114, be rezoned from LM, Light Manufacturing District, to gM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. The abovedescribed Ordinance will be considered by the Council at a regular meeting to be held on Monday, June 12, 1989, at 7:30 p.m., 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 PUBLICSA Mary F. Parker, CMC City Clerk Room 456 Municipol Builciin~ 215 C~urch Ave,,que SW ~noke, ~rcj~nia 24011 (703) 981-254t Office of the City Clerk August 3, 1989 File #51 Mr. Michael K. Smeltzer Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: 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 clients, Mr. & Hrs. Bill Laferty, that a tract of land lying at the northwesterly intersection of Shenandoah Avenue and 30th Street, N. W.~ being 502 - 30th Street N. W.~ identified as Official Tax No. 2520114, be rezoned from LM~ Light Manufacturing District~ to ~M~ Heavy Manufacturing Distriet~ sub- ject to certain 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~ August 14~ 1989~ at 7:30 p.m.~ or as soon thereafter as the matter may be heard~ 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 dote. Questions with regard to the City Planning CQmmission report should be directed to Mr. John R. Marlles, Chief of Co,~,iunity Planning, at 981-2344. MFP:ra PUBLIC8 Sincerely, ~~ Mary F. Parker, CMC City Clerk Room 456 Municipal Building 2t5 Chu~h Avenue. S.W. Roanoke. V~rg~nia 2401 '~ (703) 98t-2541 Mr. Michael K. August 3~ 1989 Page 2 Sine l tzer pc: Mr. Herbert D. McBride, Redevelopment and Housing Roanoke~ Virginia 24017 Lightweight Block Company, Virginia 23261 Mr. Kenneth S. Bowling, et Virginia 24141 Mr. Bobby E. Almond, 620 30th Street~ Virginia 24017 Mr. Arthur B. Guilliams, 1827 Westhill Virginia 23226 Mr. Edgar Mullins~ 2921 Shenandoah Avenue~ Virginia 24017 Executive Authority, Marlles, Agent/Secretary, City Planning Office of Real Estate Valuation Inc., P. O. Box 27211, air Route 2, Box 333~ Director, Roanoke P. O. Box 6359, Roanoke, Radford~ N. W., Roanoke, Road, Richmond~ N. W., Roanoke~ Mr. Wayne O. Strickland~ Executive Director, Fifth Planning District Commission~ P. 0. Box 2569, Roanoke~ Virginia 24010 Mr. W. Robert Rerbert~ 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 Morri$~ 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. Ruffine~ City Engineer Mr. Ronald H. Miller, Building Commissioner and Zoning Administrator Mr. John R. Corr~nission Ms. Doris Layne, 4D NU4a~:K - 7ZoO~t~2£ PUbL~ShER~Y F~b- NILdAbL N SMELTZE~ lob FRANKLIN ROAD P C mOX 720 ST~,[~_ OF VIRL, I~iA CITY CF KDA~NOK~ AFFIDAVIT PUOLICATION 1, ITHc UNUcRSI~Nc01 AN AU~HOKIZEO KEPRcSENT~TIv~ CF THE TIMES-NOkLD CUR- UMILY NE~SP~Pc~ PUoLISHEC iN NOANOKE, IN THc STATE ~F VIRGINIA, DO CcKT1FY Th~l ;NE~,SFAP~RS ON T~L FULLUmlNG OATCS 0712d/89 MJ~<N iN~, r, IINLSS~, NOTICE OF PUBLIC REARING TO WHOM IT MAY CONCERN: Pursuant to the provisions of Article VII of Chapter 36.1 Code of the City of Roanoke (1979), as amended, the Council of the City of Roanoke will hold a Public Hearing on Monday, August 14, 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 LM, Light Manufacturing District, to H~, Heavy Manufacturing District, the following property: A tract of land lying at the northwesterly inter- section of Shenandoah Avenue, N. W., and 30th Street, N. W., and bearing Official Tax No. 2520114. 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. All parties in interest and citizens may appear on the above date and be heard on the question. GIVEN under my hand this 26th day of July , 1989 ~ary F. Please publish in full twice, once on Friday, July 28, 1989, and once on Friday, August 4, 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 Parker, City Clerk Please bill to: Mr. Michael K. Smeltzer, Attorney P. O. Box 720 Roanoke, Virginia 24004 Oft~ce of the City Cie~ July 10, 1989 File #51 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 second amended petition from Mr'. Michael K. Smeltzer, Attorney, repre- senting Mr. & Mrs. Bill Laferty, requesting that a tract of land lying at the northwesterly intersection of Shenandoah Avenuej N. W.~ and 30th Street~ N. W., being 502 - 30th Street, N. W., identified as Official Tax No. 2520114, be rezoned f~om LM, Light Manufacturing District, to BM, Heavy Manufacturing District, subject to certain conditions proffered by the peti- tioner. MFP:ra REZONE8 Enc. pc: Sincere ly, Mary F. Parker, CMC City Clerk Mr. Michael K. Smeltzer, Attorney, P. O. Box 720, Virginia 24004 Mr. John R. Marlles, Agent/Secretary, City Planning Corr~ission Mr. Ronald H. Miller, Zoning Administrator Mi-. Steven J. Talevi, Assistant City Attorney Roanoke, Room 456 Municipal BuildincJ 215 Church Avenue SW Roanoke, Virginia 240t I (703) 981-2541 ['~/'OODs; ROOEI~S & HAZLEOROVE 10~ F~NKLIN ROAD, S.W. P. 0. BOX 720 '89 oo4-o o July 6, 1989 John R. Marlles, Agent Roanoke City Planning Commission Room 355, Municipal Building 215 Church Avenue, SW Roanoke, VA 24011 Re: Rezonin~ from LM to HM: 502 30th Street, NW Dear John: Enclosed herewith please find Second Amended Proffer along with Exhibits "A" and "B". Yours very truly, Michael K. Smeltzer MKS/lgb cc: Mr. Edgar Mullins LAW OFFICES WOODS, ROQERS A HAZLEQROVE ROANOKE, VA. IN THE COUNCIL OF THE CITY OF ROANOKEr VIRGINIA IN RE: Rezoning of a tract of land lying at the northwesterly intersection of Shenandoah Avenue, NW, and 30th Street, NW, being 502 30th Street NW, Official Tax Appraisal Number 2520114, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions. SECOND AMENDED PROFFER TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioner and Purchaser do hereby amend the conditions set forth in Paragraph 5(d) as contained in their Petition to Rezone the Property. 2. Paragraph 5(d), as amended, shall state as follows: The front portion of the Property adjacent to 30th Street will be landscaped with trees, shrubs and flowers so as to improve the appearance of the Property. The landscaping will be done in accordance with the landscape plan as shown on the rendering, a copy of which is attached hereto as Exhibit "A". 3. An amended Concept Plan is filed herewith as Exhibit "B". The amended site plan shows two (2) entrances to the Property. One entrance is the public entrance as shown on the original Concept Plan. The second entrance is a service entrance, which entrance will not be used by members of the general public. These two entrances will be the only entrances into the Property. LAW OFFICES WOOOS, ROGERS & HAZLEGROVE ROANOKE, V~ Respectfully submitted Except as amended herein, the Petition to Rezone and the conditions set forth therein and in the first Amended Proffer shall remain unchanged. this 6th day of July, 1989. Respec~;.ully submi~ted, Mi%hael K. Smeltzer~ ~ttorney for Petitioner and Purc~ser IOODS, ROGERS & HAZLEGROVE 105 Franklin Road, SW P.O. Box 2908 Roanoke, VA 24004 703) 982-4252 -2- 8~.47 ACRES C E B 484.6 SHENANDOAH AVENUE SHop SHENANDOAH 1. THE USE WTT.T. BE E_N'rmELY ENCLOSED BY A FENCE CONSTRUCTED IN ACCORDANCE WITH SECTION 36.1-271 OF THE CODE OF THE CITY OF ROANOKE (1979), 2. THE ONLY ENTRANCF~TO THE PROPERTY WILL BE THE ENTRANCE~AS SHOWN h~ON. 3. CROSS-HATCP~D AREA SHO~ AREA TO BE USED FOR AUTOMOBm~. STORAGE. REZONING OF TAX PARCEL 2520114 FROM LM TO HM. EXHIBIT 'B' June 14, 1989 File #51 Mr. Michael M. Waldvogel Chairman City Planning Commission Roanoke, Virginia Mr. Michael K. Smeltzer Attorney P. O. Aox 720 Roanoke, Virginia 24004 Gentlemen: A public hearing on the request of Mr. & Mrs. Bill Laferty, represented by Mr. Michael K. Smeltzer, Attorney, that a tract of land lying at the northwesterly intersection of Shenandoah Avenue and 30th Street, N. W., being 502 - 30th Street N. W., identified as Official Tax No. 2520114, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, sub- ject to certain conditions proffered by the petitioner, was held by the Council of the City of Roanoke at a regular meeting on Monday, June 12, 1989. On motion, duly seconded and unanimously adopted, the request was referred back to the City Planning Cor~nission for further study, report and recommendation to Council, and with the understanding that the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority will receive a briefing in order to determine the true irapact on the Lansdowne Housing Project as a result of the proposed rezoning. MFP:ra pc: Sincerely, ~ Mary F. Parker, CMC City Clerk Mr. Herbert D. McBride, Executive Director, Roanoke Redevelopment and Housing Authority, P. 0. Box 6359, Roanoke, Virginia 24017 Dr. Wendell H. Butler, Chairman, Roanoke Redevelopment and Housing Authority, Board of Corr~dissioners, 2118 Andrews Road, N. W., Roanoke, Virginia 24017 Room 456 Municipal Building 215 C:~urch Avenue SW Roanoke V~rg~nia 240t ~ (703) 98t-2541 Mr. Michael M. Waldvogel Mr. Michael K. Smeltzer June 14, 1989 Page 2 pc: Lightweight Block Company, Inc., P. O. Box 27211, Roanoke, Virginia 23261 Mr. Kenneth S. Bowling, et al, Route 2, Box 333 Radford, Virginia 24141 ' Mr. Bobby E. Almond, 620 30th Street, N. W., Roanoke, Virginia 24017 Mr. Arthur B. Guilliam$, 1827 Westhill Road, Richmond, Virginia 23226 Mr. Edgar Mullins, 2921 Shenandoah Avenue, N. W., Roanoke, Virginia 24017 Mr. Wayne G. Strickland, Executive Director, Fifth Planning District Co~rr~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. 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 Commissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Commission bls. Doris Layne, Office of Real Estate Valuation Roanoke City Planning Commission June 12, 1989 The Honorable Noel C. Taylor, and Members of ~.l_y Council Roanoke, Virginia Mayor Dear Members of Council: Subject: Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing Official Tax No. 2520114 be rezoned from LM, Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. Background: ae Purpose of the rezoning is to conduct an automobile recycling yard, including associated retail sale and storage facilities. Petition to rezone was filed on April 7, 1989. Proffered conditions were: The property will be developed in substantial compliance with the concept plan subject to any changes required by the City during site plan review. The rezoned property shall be used only for the purpose of operating an automobile recycling yard thereon, including associated retail and storage activities. Ail activities with respect to the stripping of parts from automobiles and the storage and sale of used automobile Room 355 Municipal Building 215 Church Avenue, S.W P,~aonoke, Virginia 24011 (703) 981-2344 Members of City Council Page 2 June 12, 1989 parts will be conducted entirely within the buildings on the property. The exterior of the property will be utilized for storage of automobiles. After all usable parts are dismantled from the automobiles, the remaining portions thereof will be moved from the property as soon as practicable. The front portion of the property adjacent to 30th Street will be landscaped with shrubs and flowers to improve the appearance of the property. so as If the property is not used as an automobile recycling yard, with associated retail and storage activities within three (3) years from the date of final approval, the zoning shall revert to LM, Light Manufacturing District without further action by City Council. Wrecking, salvage, and recycling yards, including junk yards and automobile graveyards and associated retail sale and storage activities are permitted in the HM zone subject to the granting of a special exception by the Board of Zoning Appeals provided that: The use is not detrimental to adjacent uses. The use is not visible to public view from any collector or arterial street or road by virtue of its location on a hillside or location on a plateau below street level, and the use is screened from view from adjacent properties and public streets. The use is entirely enclosed by a solid fence or wall at least eight (8) feet in height with access only through solid gates. Said fence or wall shall be at least twenty-five (25) feet from any street or road or adjoining property not in the same district. Said fence shall not be used for advertisement of the business of the owner or operator. Members of City Council Page 3 June 12, 1989 The contents of the use shall not be placed or deposited to a height greater than that of the fence or wall. De Neighborhood is a mixture of residential, commercial, and industrial uses. Staff's primary concern with regard to this petition is the potentially adverse impact the proposed use may have on existing and future development in the area. The elevation of the site relative to Shenandoah Avenue and the adjacent parcel to the west of the area to be rezoned makes buffering the proposed stripping operation and automobile storage area difficult if not impossible. Roanoke Redevelopment and Housin~ Authority officials and City Economic Development staff have expressed concern regarding the impact the proposed use will have on the Shaffer's Crossing Community Development Project and the Lansdowne housing project as well as future development in the area. Plannin~ Commission public hearin~ was held on May 3, 1989. Mr. Mike Smeltzer, attorney, appeared before the Commission to summarize the request for rezoning. Mr. Smeltzer noted that Mr. Mullins, the contract purchaser, wanted to continue to utilize the property in its present use and in addition he wanted to to store automobiles on the site so they could be stripped. Mr. Smeltzer noted that once all the usuable parts were stripped from the hulks, they would be removed from the property. He further stated that all work would be conducted entirely within the existing structures with the exception of outside storage. In response to concerns about outside storage of the automobiles, Mr. Smeltzer indicated they were proffering that they be removed within five working days. Planning staff recommended denial of the requested rezoning. Staff expressed concern regarding the impact of the proposed use on existing and future development in the area. Staff also indicated that the existing LM zoning was more appropriate and compatible with existing land uses. Members of City Council Page 4 June 12, 1989 II. Issues: Zoning is presently LM. Zoning to the north, east and west is also LM. Zoning to the south across Shenandoah Avenue is HM. Existing land use in the area proposed for rezoning is primarily warehousing and sale of used automobile parts. Secondary land uses include a flea market and several fruit and vegetable stands. Adjacent land uses include an automobile junk yard to the north, a paint and body shop and the Lansdowne housing project to the east across 30th Street, and the Lightweight Concrete Block Company to the south across Shenandoah Avenue. The Shaffer's Crossing Redevelopment Area is located diagonally across Shenandoah Avenue. Utilities are not an issue. Although area experiences storm drainage problems, proposed use would generate minimal increase in run-off. Area is on City's priority list for future storm drainage improvements. III. Alternatives: A. Recommend approval of the requested rezoning. Zoning becomes HM. HM zone is intended to provide for uses which may have harmful affects on other districts (e.g., noise, odor, hazardous material, excessive dust, etc.). Land use becomes automobile recycling yard with associated retail and storage activities. 3. Utilities not an issue. Neighborhood could be at least partially screened by the proposed use although total screening may not be possible due to differences in elevations. 5. Comprehensive Plan would be followed. B. Recommend denial of the rezoning request. 1. Zoning remains LM. Members Page 5 June 12, IV. of City Council 1989 Land use is unchanged. Area remains available for future light industrial development. Existing retail sales and storage for used automobile parts could continue. Utilities not an issue. Area is on City's priority list for future storm drainage improvements. 4. Neighborhood not affected. Comprehensive Plan could still be followed. Recommendation: By a vote of 3-1 (Mr. Sowers voting against the motion, Messrs. Bradshaw and Price and Mrs. Goode absent), the Planning Commission recommended approval of the requested rezoning. The Commission felt that there was other property in the area zoned HM and that other concerns would be taken care of during site plan review and Board of Zoning Appeals approvals. Respectfully submitted, Michael M. Waldvogel, Chairman Roanoke City Planning Commission JRM:mpf attachments cc: Assistant City Attorney Director of Public Works City Engineer Building Commissioner/Zoning Administrator Attorney for the Petitioner. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA IN P,E: Rezoning of a tract of land lying at the northwesterly intersection of Shenandoah Avenue, N-W, and 30th Street, NW, being 502 30th Street, N-W, Official Tax Appraisal Number 2520114, from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions. AMENDED PROFFER ~0 THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners and Purchaser do hereby amend the conditions set forth in Paragraph 5(c) as contained in their Petition to Rezone the above property. 2. Paragraph 5(c), as amended, shall state as follows: Ail activities with respect to the stripping of parts from automobiles and the storage and sale of used automobile parts will be conducted entirely within the buildings on the Property. The exterior of the Property will be utilized for storage of automobiles. After all usable parts are dismantled from the automobiles, the remaining portions thereof will be moved from the Property within five (5) business days. 3. Except as amended herein, the Petition to Rezone and ~he conditions set forth therein shall remain unchanged. Respectfully submitted this 3rd day of May, 1989. Respectfully submitted, Of Counsel ~ U Michael K. Smeltzer, Esq. -2- IN THE COUNCIL OF THE CITY OF ROANOKEr VIRGINIA IN RE: Rezoning of a tract of land lying at the northwesterly intersection of Shenandoah Avenue, NW, and 30th Street, PETITION NW, being 502 30th Street, NW, Official TO Tax Appraisal N~mber 2520114, from LM, REZONE Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions. TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF THE COUNCIL OF THE CITY OF ROANOKE: 1. The Petitioners, Bill Laferty and Ruby H. Laferty, are the owners of land in the City of Roanoke containing 4.205 acres, more or less, located at 502 30th Street, NW, No. 2520114 (the "Property"). The Property is currently zoned LM, Light Manufacturing District. A map of the Property to be rezoned is attached as Exhibit "A". A metes and bounds description of the Property is attached as Exhibit "B". 2. Edgar Mullins, owner of Mullins Used Auto Parts Warehouse (the "Purchaser"), has contracted to purchase the Property from the Petitioners subject to the rezoning thereof. 3. Pursuant to Article VII of Chapter 36.1-690, Code of the City of Roanoke (1979), as amended, the Petitioners and Purchaser request that the Property be rezoned from LM, Light Manufacturing District to HM, Heavy Manufacturing District, subject to certain conditions set forth below, for the purpose of conducting an automobile recycling yard thereon, including associated retail sale and storage activities. 4. The Petitioners and Purchaser believe the rezoning of the Property will further the intent and purposes of the City's Zoning Ordinance and its comprehensive plan, in that it will be in the best interests of all concerned. 5. The Petitioners and Purchaser hereby proffer and agree that if the Property is rezoned as requested, that the rezoning will be subject to, and that the Petitioners will abide by, the following conditions: a. The Property will be developed in substantial compliance with the concept plan, a copy of which is attached to the Petition for Rezoninq as Exhibit "C", subject to any changes required by the City during site plan review. b. The rezoned Property shall be used only for the purpose of operating an automobile recycling yard thereon, including associated retail and storage activities. c. All activities with respect to the stripping of parts from automobiles and the storage and sale of used automobile parts will be conducted entirely within the buildings on the Property. The exterior of the Property will be utilized for storage of automobiles. After all usable parts are dismantled from the automobiles, the -2- remaining portions thereof will be moved from the Property as soon as practicable. d. The front portion of the Property adjacent to 30th Street will be landscaped with shrubs and flowers so as to improve the appearance of the Property. e. If the Property is not used as an automobile recycling yard, with associated retail and storage activities within three (3) years from the date of final zoning approval, the zoning shall revert to LM, Light Manufacturing District, without further action by City Council. 6. Attached to Exhibit "D" are the names, addresses and :ax 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. 7. Upon rezoning, the Petitioners and Purchaser shall make application for a Special Exception Use from the Board of Zoning Appeals pursuant to the provisions of Section 36.1-271, Code of the City of Roanoke (1979), as amended. WHEREFORE, the Petitioners and Purchaser request that the above-described Property be rezoned as requested in accordance with the provisions of the Zoning Ordinance of the City of Roanoke. -3- fill La'f~r~ ~ y HJ Lafert~ // / 2722 Rhodes Avenue, NE Roanoke, VA 24014 Edgar Mullins 2921 Shenandoah Avenue, NW Roanoke, VA 24017 Respectfully submitted, 105 Franklin Road, SW P.O. Box 720 Roanoke, VA 24004 (703) 982-4252 -4- , 1989. I r I I II / / i I EXHIBIT "B" BEGINNING at an iron bolt at Corner No. 1 at the Northwest corner of 30th Street, N.W. (30 ft. wide) and Shenandoah Avenue, N.W. (60 ft. wide); thence along the Northerly side of Shenandoah Avenue, N.W., with a curved line to the left whose delta is 5° 04' 40", whose radius is 1967.82, whose tangent is 87.25 and whose chord is S. 85° 38' 40" W. 174.31 ft., the arc of 174.39 ft. to a concrete monument at Corner No. 2 at a point of tangent; thence S. 83° 06' 20" W. 303.51 ft. to an old iron pipe at Corner No. 3; thence leaving Shenandoah Avenue, N.W., and with the Easterly line of Valley Development Corporation property, N. 14~ 30' E. 549.30 ft. to an old iron at Corner No. 4; thence with the Southerly line of the Estate of Mollie S. Engleman, S. 75° 01' 50" E. 380.50 ft. to an auto axle at Corner No. 5 on the Westerly side of 30th St., N.W.; thence with the same S. 14" 42' 10" W. 302.70 ft. to an iron pin at Corner No. 6; thence S. 27~ 12' 50" E. 102.40 ft. to the place of BEGINNING, containing 4.205 acres, more or less. SHENANDOAH AVENUE C BODy ~eUp~ SHOp SHENANDOAH 1. THE USw: w-.~. B~ EN'rmELY ENCLOSED BY A FE~C~ CONSTRUCTED ~ ACCO~C~ OF ~ COD~ OF Z. ~ O~Y ~C~ ~']~CE ~ SHO~ ~N. 3. C~SS- ~n REZONING OF TAX PARCEL 2520114 FROM LM TO HM. EXHIBIT 'C' EXHIBIT "D" Tax numbers, names and addresses of the owners of all property immediately adjacent to or immediately across the street from the property to be rezoned. Tax Number Name 2420501 City of Roanoke Redev- elopment and Housing Authority Address P.O. Box 6359 Roanoke, VA 24017 2510201 and Lightweight Block, Co., P.O. Box 27211 2510206 Inc. Richmond, VA 23261 2520103 Kenneth S. Bowling and Others Route 2, Box 333 Radford, VA 24141 2520113 Bobby Edward Almond 620-30th Street, NW Roanoke, VA 24017 2410101 City of Roanoke Redev- P.O. Box 6359 elopment and Housing Roanoke, VA 24017 Authority 2420601 Arthur Buford Guilliams 1827 Westhill Road Richmond, VA 23226 2420621 Edgar Mullins 2921 Shenandoah Avenue, NW Roanoke, VA 24017 LOCATION m Ill I I m lmm m Office of the Ci~yCI~'~ May 25, 1989 File #51 Mr. Michael K. Smeltzer Attorney P. 0. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: I am enclosing copy of a report of the City Planning Commission recor~nending that the Council of the City of Roanoke grant the request of your clients, Mr. & Mrs. Bill Laferty, that a tract of land lying at the northwesterly intersection of Shenandoah Avenue, and 30th Street, N. W., being 502 30th Street N. W., identified as Official Tax No. 2520114, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, sub- ject 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, June 12, 1989, at 7:30 p.m., in the City Council Chamber, fourth floor of the Municipal Building, 215 Church Avenue, So W. For your information, I am also enclosing copy of a notice of the public hearing and an Ordinance providing for the rezoning, which notice and Ordinance were prepared by the City Attorney's Office. (The Ordinance will be forwarded to you under separate cover.) Please review the Ordinance and if you have questions, you may contact Mr. Steven J. Talevi, Assistant City Attorney, at 981-2431. Questions with regard to the City Planning Corr~nission report should be directed to Mr. John R. Marlles, Chief of Community Planning, at 981-2344. Sincere ly~ f~l~k~ Mary F. Parker, CMC City Clerk MFP:ra PUBLIC8 ROOm 456 Municipal Building 2t5 C~urch Avenue, SW Roanc~e V~rg~nia 24011 (703) 981-254'~ Mr. Michael K. May 25, 1989 Page 2 Sine I tzer pc: Mr. Herbert D. McBride, Redevelopment and Housing Roanoke, Virginia 24017 Lightweight Block Company, Virginia 23261 Mr. Kenneth S. Virginia 24141 Mr. Bobby E. Virginia 24017 Mr. Arthur B. Virginia 23226 Mr. Edgar Mullins, 2921 Shenandoah Avenue, Virginia 24017 Executive Director, Roanoke Authority, P. 0. Box 6359, Bowling, et al, Almond, 620 30th Street, Guilliams, 1827 Westhill Inc., P. 0. Box 27211, Route 2, Box 333, Road, N. Roanoke, Radford, Roanoke, Richmond, Roanoke, 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 Co 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 Corrgnission 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 Corrgnissioner and Zoning Administrator Mr. John R. Marlles, Agent/Secretary, City Planning Corrgnission Ms. Doris Layne, Office of Real Estate Valuation Office of the City Clerk June 7, 1989 File #51 Mr. Michael K. Smeltzer Attorney P. O. Box 720 Roanoke, Virginia 24004 Dear Mr. Smeltzer: Pursuant to my cor~munication under date of May 25, 1989, I am enclosing copy of an Ordinance, which was prepared by the City Attorney's Office, in connection with the request of your clients, Mr. & Mrs. Bill Laferty, that a tract of land lying at the northwesterly intersection of Shenandoah Avenue, and 30th Street, N. W., being 502 o 30th Street N. W., identified as Official Tax No. 2520114, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing 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, June 12, 1989, at 7:30 p.m., 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 PUBLIC8A Enco Sincerely, Mary F. Parker, CMC City Clerk Room 456 Municipal Building 215 Church Avenue SW Roanoke V~rg~nia 24G1 t (703) 98'~-254t NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Pursuant Code of the the City of Roanoke will hold a Public Hearing on Monday, June 12, 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 LM, Light Manufacturing District, to HM, Heavy Manufacturing District, the following property: A tract of land lying at the northwesterly inter- section of Shenandoah Avenue, N. W., and 30th Street, N. W., and bearing Official Tax No. 2520114. to the provisions of Article VII of Chapter 36.1 City of Roanoke (1979), as amended, the Council of 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 24th day of May 1989 Nary F. Parker, Please publish in full twice, once on Friday, May 26, 1789, and once on Friday~ June 2, 1Y$9~ in the Roanoke Times and World News, Morning Edition. City Clerk Please send publisher's affidavit to: Please bill to: Ms. Mary F. Parker, City Clerk Room 4D6, Municipal Building Roanoke, VA 24011 Mr. Mlchaei K. Smeltzer, Attorney P. O. Box 720 Roanoke, VA 24011 A.'h NUMBER - 5252~01J PUBLISHER'S FEE - MICHAEL K SMELTZER 105 FRANKLIN ROAD Sm P O BOX 720 ROANOKE VA STATE OF VIRGINIA CITY OF ROANOKE AFFIDAVIT OF PUBLICATIuN I, (THE UNDERSIGNED) AN AUTHORIZE~ REPRESENTATIVE OF THE TIMES-wORLD COR- PORATION9 WHICH CORPORATION IS PUBLISHER OF TH~ ROANOKE lIMES & WCRL0-NEWS9 A DAILY NEWSPAPER PUBLISHED IN ROANOKE~ IN THE STATE OF VIRGINIA, DO CERTIFY THAT THE ANNEXED NOTICE WAS PbbLISHED IN SAID NEmSPAPERS ON THE FOLLOwiNG DATES MORNING MORNING wITNESS~ THIS 5TH DAY OF JUNE 1989 Or, ce of ~e C~,*'/Cler~ May 15, 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. Michael K. Smeltzer, Attorney, representing Mr. & Mrs. Bill Laferty, requesting that a tract of land lying at the northwesterly intersection of Shenandoah Avenue, N. W., and 30th Street, N. W., being 502 - 30th Street, N. W., identified as Official Tax No. 2520114, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, subject to certain conditions proffered by the petitioner. Sincerely, ~ Mary F. Parker, CMC City Clerk MFP:ra REZONE8 Eno. pc: Mr. Michael K. Smeltzer, Attorney, P. O. Box 720, Virginia 24004 Mr. John R. Marlles, Agent/Secretary, City Planning Corrcnission Mr. Ronald H. Miller, Zoning Administrator Mr. Steven J. Talevi, Assistant City Attorney Roanoke, Room 456 Municipal Building 215 Church Avenue SW I~x~noke, Wrg~nia 24011 (703) 98t-254t TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF.-'89 ?? 25 ?'~ (~J3"- Request from Bill and Ruby Laferty, represented) by Michael K. Smeltzer, attorney, that property) AFFIDAVIT located at 502 30th Street, N.W., bearing offi-) cial tax no. 2520114, be rezoned from LM to HM.) 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 24th day of April, 1989, notices of a public hearing to be held on the 3rd day of May, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL 2420501 2410101 2410201 510206 2520103 2520113 2420601 OWlqERt AGENT OR OCCUPANT Roanoke Redevelopment and Housing Authority Lightweight Block, Co., Inc. Kenneth S. Bowling et als Bobby Edward Almond Arthur B. Guilliams Edgar Mullins ADDRESS P. O. Box 6359 Roanoke, VA 24017 P. O. Box 27211 Roanoke, VA 23261 Route 2, Box 333 Radford, VA 24141 620 30th Street, NW Roanoke, VA 24017 1827 Westhill Road Richmond, VA 23226 2921 Shenandoah Ave. Roanoke, VA 24017 Franklin 2420621 SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 24th day of April, 1989. Notary Public My Commission Expires: / - I~!OF pUBLIc 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 Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing official tax no. 2520114, be rezoned from LM, Light Manufacturing District, to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions proffered by the petitioner. A copy of said application is available ~or 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: Mr. Michael K. Smeltzer Woods, Rogers & Hazlegrove 105 Franklin Road, SW 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 TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: ~9 ,!? 27 ~ '~!5 Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing official tax no. 2520114, be rezoned from LM, Light Manufacturing District to HM, Heavy Manufacturing District, such rezoning to be subject to certain conditions prof- fered by the petitioner. IAFFIDAVIT 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 June, 1989, notices of a public hearing to be held on the 5th day of July, 1989, on the rezoning captioned above to the owner or agent of the parcels listed below at their last known address: PARCEL OWNERt AGENT OR OCCUPANT 2420501 City of Roanoke Redevelopment P.O. Box 6359 2410101 and Housing Authority Roanoke, VA 24017 2510201 Lightweight Block Co., Inc. P.O. Box 27211 2510206 Roanoke, VA 23261 2520103 Kenneth S. Bowling, et als 2520113 2420601 2420621 Bobby Edward Almond Arthur B. Guilliams ADDRESS Route 2, Box 333 Radford, VA 24141 620 30th Street, NW Roanoke, VA 24017 1827 Westhill Road Richmond, VA 23226 Edgar Mullins 2921 Shenandoah Avenue Roanoke, VA 24017 MaWr ha Pace ~lin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this 26th day of June, 1989. My Commission Expires: Notary Public TO THE CITY CLERK OF THE CITY OF ROANOKE, VIRGINIA PERTAINING TO THE REZONING OF: 9 .~ 73 ~!~i!i<! Request from Bill and Ruby Laferty, represented by Michael K. Smeltzer, attorney, that property located at 502 30th Street, N.W., bearing official tax no. 2520114, be rezoned from LM, Light Manufacturing District to MM, Heavy Manufacturing District, such rezoning to be subject to certain conditions prof- fered by the petitioner. 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 ~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 10th day of July, 1989, notices of a public hearing to be held on the 19th day of July, 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 2420501 City of Roanoke Redevelopment P.O. Box 6359 2410101 and Housing Authority Roanoke, VA 24017 2510201 Lightweight Block Co., Inc. P.O. Box 27211 2510206 Roanoke, VA 23261 2520103 2520113 2420601 2420621 Kenneth S. Bowling, et als Route 2, Box 333 Radford, VA 24141 Bobby Edward Almond 620 30th Street, NW Roanoke, VA 24017 Arthur B. Guilliams 1827 Westhill Road Richmond, VA 23226 Edgar Mullins 2921 Shenandoah Avenue ,~ Roanoke, VA 24017 ' -'' Martha Pace Franklin SUBSCRIBED AND SWORN to before me, a Notary Public, in the City of Roanoke, Virginia, this llth day of July, 1989. My Commipsio~Expires: Notary Public Office of the City Clerk August 30, 1989 File #169 Mr. John H. Woolwine Vietnam Veterans of America Chapter 81 P. 0. Box 1694 Roanoke, Virginia 24008 Dear Mr. Woolwine: I am enclosing four copies of Ordinance No. 29709-82889 granting to the Vietnam Veterans of America, Chapter #81, a revocable per- mit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. Ordinance No. 29709-82889 was adopted by the Council of the City of Roanoke on first reading on Monday, August 14, 1989, also adopted by the Council on second reading on Monday, August 28, 1989, and will take effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of the Vietnam Veterans of America, Chapter #81, has been filed in the Office of the City Clerk. Please sign and return three copies of Ordinance No. 29709-82889 to the City Clerk's Office, Room 456, Municipal Building, Roanoke, Virginia 24011. Sincerely, Mary F. Parker, CMC City Clerk MFP: ra Enc. pc: Mr. Mr. W. Robert Herbert, City Manager William F. Clark, Director of Public Works William L. Stuart, Manager, Signals and Alarms Room 456 MunicipalSuilding 21S Church Avenue, S.W. Roanoke, Virginia 24011 (703)081-2541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 28th day of August, 1989. No. 29709-82889. AN ORDINANCE granting to the Vietnam Veterans of America, Chapter #81, a revocable permit to mount certain flags on street lighting poles in the Central Business District of the City, upon certain terms and conditions. WHEREAS, the Vietnam Veterans of America, Chapter #81, (Permittee) has requested that Council authorize the Permittee to mount certain flags on certain street lighting poles in the Central Business District of the City, Permittee's request being more particularly set forth in the City Manager's report to City Council dated August 14, 1989; and WHEREAS, Council is desirous of granting the request of the Permittee pursuant to certain terms and conditions. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Permission is hereby granted the Permittee to mount cer- tain flags on street lighting poles in the Central Business District of the City, the permittee's request being more par- ticularly described in the report of the City Manager, dated August 14, 1989, a copy of which is on file in the office of the City Clerk. 2. The permit granted by this ordinance shall be revocable at the pleasure of the City of Roanoke. 3. Any and all costs in connection with the granting of this permit shall be borne by the Permittee, with the exception of up to three hours of overtime wages for one City employee on or about official City holidays as identified in Section 2-37 of the Code of the City of Roanoke (1979), as amended, and the direct cost of the operation of a City vehicle in connection with the exercise of the rights or privileges granted hereby. 4. The Permittee shall, and by execution of this ordinance, does agree to indemnify and save harmless the City, its officers, agents and employees from any and all claims, legal actions, and judgments advanced against the City and for expenses the City may incur in this regard, arising out of the Permittee's intentional acts or negligent acts or omissions with respect to the rights or privileges granted hereby, and the Permittee shall, and by execu- tion of this ordinance, does agree to have in force and effect a public liability insurance policy in which the City, its employees and agents are named as co-insureds, on or before the exercise of any rights or privileges granted hereby. 5. Permittee shall give notice to the City's Director of Public Works prior to entry on to City property or City facili- ties for installation or mounting of the flags, and Permittee shall supply a copy of a certificate of insurance, demonstrating that the condition set forth above has been met, before the exer- cise of any rights or privileges granted hereby. 6. The permit granted by this Ordinance shall expire, by its own terms, without notice, at midnight on August 14, 1990. - 2 - 7. This ordinance shall be in full force and effect at such time after its effective date as a copy, duly signed, sealed, attested and acknowledged by an appropriate official on behalf of the Vietnam Veterans of America, Chapter #81, has been filed in the Office of the City Clerk. ATTEST: City Clerk. ACCEPTED AND EXECUTED by the undersigned this , 1989. day of ATTEST: Title: VIETNAN VETERANS OF AMERICA CHAPTER #81 By Title: - 3 - The Honorable Noel C. Taylor, Mayor and Members of City Council Roanoke, Virginia Roanoke, Virginia August 14, 1989 Dear Mayor Taylor and Council Members: SUBJECT: American Flag Displays On Downtown Street Light Poles I. Background: Roanoke United Central Labor Council, AFL-CIO, took responsibility for the display of American flags in the downtown area on holidays for more than 20 years. They appeared before Council on March 7, 1983, and informed Council that the future program for downtown area flags would be carried out by the Vietnam Veterans of America. Resolution No. 26423, adopted March 14, 1983, commended Messrs. Marvin H. Boley and James E. Robertson for their leadership in coordinating this effort during that 20+ year period. Vietnam Veterans of America, Chapter #81, have coordinated the display of American flags in the downtown area on holidays since 1983. II. Current Situation: Vietnam Veterans of Americat Chapter #81, have requested assistance from the City of Roanoke in their efforts to display the American flag on holidays in the downtown area. Motor vehicle used to drive along City streets and from which flags are placed in holders on light poles became undependable and too expensive to maintain. Manpower in the form of volunteers recruited by the Vietnam Veterans is still available and desires to continue this project. III. Issues: Continuation of the display of American fl~g~ in the downtown area on various holidays. B. Cost to the City. C. City liability. IV. Alternatives: Authorize the City Manager to assist the Vietnam Veterans of America by providing a City truck and driver to help with erecting American flags on street light poles in the downtown area on appropriate holidays. Continuation of the display of American flaKs in the downtown area will be possible through public-private cooperation. Volunteers will erect the flags from the back of a City vehicle. o Cost to the City will be relatively nominal and cover approximately three hours of overtime for one employee each holiday and the operating expense of a City vehicle. This cost can be absorbed in existing budget accounts. City liability will be protected by a public liability insurance policy provided by the Vietnam Veterans of America, Chapter #81, in the amount of $500,000 in which the City of Roanoke, its employees and agents are named as co-insured. Do not authorize the City Manager to assist the Vietnam Veterans of America with erecting America flags on street light poles in the downtown area on appropriate holidays. Continuation of the display of American fla~s, in the downtown area will not be assured unless the Vietnam Veterans of America are able to secure assistance from a source other than the City. Cost to the City will be nothing unless installing the flags would become a total City responsibility. City liability will be moot. V. Recomendation: City Council approve Alternative "A" thereby authorizing the City Manager to assist the Vietnam Veterans of America, Chapter #81, in the erection of American flags on street light poles in the downtown area on appropriate holidays. Respectfully submitted, ~oDert Herbert City Manager WRH:WFC:pr cc: City Attorney Director of Finance Director of Public Works Manager, Signals & Alarms Mr. John H. Woolwine, Vietnam Veterans of America, Chapter #81, P.O. Box 1694, Roanoke, Virginia 24008 Office of the City Clerk September 5, 1989 File #467 ,~r. W. Robert Herbert City Manager Roanoke, Virginia Dear Mr. Herbert: At the regular meeting of the Council of the City of Roanoke held on ~ionday, August 28, 1989, a matter with regard to certain State regulations which prohibit the use of Grandin Court Elementary School for after school day care services was before Council. On motion, duly seconded and adopted, the matter was referred to you for study, report and recommendation to Council. Sincerely, '~ Mary F. Parker, CMC City Clerk MFP: r a Room456 MunicipalBuilding 215Church Avenue, S.W. Roanoke, Virginia 24011 (703)981-2541